Sinclair et al v. Fox Hollow, et al
Filing
640
ORDER GRANTING the CEMG/FOX Hollow Parties' 478 Motion For Partial Summary Judgment Re Cross-Complaint Claims Arising Out of Cross-Defendants' Alleged Conduct During and After Trial of the State Court Sction, signed by Judge Oliver W. Wan ger on 6/24/2011. (The CEMG/Fox Hollow Parties' Motion for Partial Summary Judgment Re Cross-Complaint Claims Arising Out of Cross-Defendants' Alleged Conduct During and After Trial of the State Court Action is GRANTED; and The claims of Defendants and Cross-Complainants RICHARD SINCLAIR, BRANDON SINCLAIR, and GREGORY MAUCHLEY against the CEMG/Fox Hollow Parties arising out of any ownership interest in Lot 1 at Fox Hollow during and after trial of the state court action are dismissed.) (Gaumnitz, R)
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D. Greg Durbin, # 81749
John M. Dunn, # 166482
Daniel S. Cho, # 260902
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
Telephone:
(559) 433-1300
Facsimile:
(559) 433-2300
(SPACE BELOW FOR FILING STAMP ONLY)
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Attorneys Plaintiffs, Defendants and Cross-Defendants
FOX HOLLOW OF TURLOCK OWNERS
ASSOCIATION and CALIFORNIA EQUITY
MANAGEMENT GROUP, INC. and Defendant and
Cross-Defendant ANDREW KATAKIS
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FOX HOLLOW OF TURLOCK
OWNERS' ASSOCIATION, a California
Nonprofit Mutual Benefit Corporation; et.
al.,
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Case No. 1:03-CV-05439-OWW-DLB
(Consolidated with 1:03-CV-5774 OWW SMS
and Stanislaus County Superior Court Case No.
322675)
Plaintiffs,
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v.
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MAUCTRST LLC; et. al.,
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Defendants.
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ORDER GRANTING THE CEMG/FOX
HOLLOW PARTIES' MOTION FOR
PARTIAL SUMMARY JUDGMENT RE
CROSS-COMPLAINT CLAIMS ARISING
OUT OF CROSS-DEFENDANTS'
ALLEGED CONDUCT DURING AND
AFTER TRIAL OF THE STATE COURT
ACTION
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AND CONSOLIDATED ACTIONS
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The Motion of Plaintiffs, Defendants, and Cross-Defendants FOX HOLLOW OF
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TURLOCK OWNERS ASSOCIATION and CALIFORNIA EQUITY MANAGEMENT
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GROUP, INC., and Defendant and Cross-Defendant ANDREW KATAKIS (collectively, the
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“CEMG/Fox Hollow Parties”) for Partial Summary Judgment Re Cross-Complaint Claims
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Arising Out of Cross-Defendants' Alleged Conduct During and After Trial of the State Court
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Action [Docket # 478] having regularly come on for hearing on May 2, 2011, with D. Greg
12444/00001-1751245.v1
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501
ORDER GRANTING THE CEMG/FOX HOLLOW PARTIES' MOTION FOR PARTIAL SUMMARY
JUDGMENT RE: CROSS-COMPLAINT
PDF created with pdfFactory trial version www.pdffactory.com
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Durbin appearing personally on behalf of the CEMG/Fox Hollow Parties and Richard C. Sinclair
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appearing telephonically; the Cross-Complaint filed by Defendants and Cross-Complainants
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RICHARD SINCLAIR, BRANDON SINCLAIR, and GREGORY MAUCHLEY on August 10,
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2010 (the “Cross-Complaint [Docket # 425]) having been stayed the by order filed herein on
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February 2, 2011, except for claims arising out of “(i) Plaintiffs’ alleged breach of the 2007
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settlement agreement, and (ii) Plaintiffs’ alleged conduct during and after trial of the state court
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action” [Docket # 476]; the claims arising out of the purported 2007 settlement agreement having
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been stayed by the Court on April 29, 2011 [Docket #s 563 and 576]; the present motion directed
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to the remaining unstayed claims arising out of the CEMG/Fox Hollow Parties’ conduct during
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and after trial of the state court action alleged in the Cross-Complaint, having been argued and
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submitted; the Court having issued and served its Memorandum of Decision on June 13, 2011
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[Docket # 626], granting such Motion for Partial Summary Judgment; and the Court finding that
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none of the Defendants and Cross-Complainants RICHARD SINCLAIR, BRANDON
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SINCLAIR, and GREGORY MAUCHLEY were owners of Lot 1 of Fox Hollow during and after
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trial of the state court action, and therefore, they each lack standing to sue for claims arising out
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of any ownership interest in Lot 1 during and after trial of the state court action:
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NOW, THEREFORE, IT IS HEREBY ORDERED that:
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1.
The CEMG/Fox Hollow Parties' Motion for Partial Summary Judgment Re Cross-
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Complaint Claims Arising Out of Cross-Defendants' Alleged Conduct During and After Trial of
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the State Court Action is GRANTED; and
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2.
The claims of Defendants and Cross-Complainants RICHARD SINCLAIR,
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BRANDON SINCLAIR, and GREGORY MAUCHLEY against the CEMG/Fox Hollow Parties
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arising out of any ownership interest in Lot 1 at Fox Hollow during and after trial of the state
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court action are dismissed.
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/s/ OLIVER W. WANGER
UNITED STATES DISTRICT COURT JUDGE
12444/00001-1751245.v1
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Dated: June 24, 2011
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501
ORDER GRANTING THE CEMG/FOX HOLLOW PARTIES' MOTION FOR PARTIAL SUMMARY
JUDGMENT RE: CROSS-COMPLAINT
PDF created with pdfFactory trial version www.pdffactory.com
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