David Moreno Construction, Inc. v. Frontier Steel Buildings Corp.

Filing 120

ORDER On Cross-Motions For Summary Judgment, signed by Judge Oliver W. Wanger on 11/18/2010. (Plaintiff Davis Moreno Construction, Incs motion for summary judgment on Plaintiffs second cause of action pursuant to California Business and Profession s Code §7031(b) is GRANTED; Plaintiff Davis Moreno Construction, Incs motion for summary judgment on Defendant Frontier Steel Building Corp.s counterclaim is GRANTED; Defendant Frontier Steel Building Corp.s motion for summary judgment is DENIED.)(Figueroa, O)

David Moreno Construction, Inc. v. Frontier Steel Buildings Corp.

Doc. 120

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Russell D. Cook 094934 Neal D. Douglass 227976 LAW OFFICE OF RUSSELL D. COOK 1233 West Shaw Avenue, Suite 100 Fresno, California 93711 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, Davis Moreno Construction, Inc., a California corporation.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA - FRESNO BRANCH -o0oCase No. 1:08-CV-00854-OWW-SMS ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT 1. GRANTING PLAINTIFF DAVIS MORENO'S MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF'S SECOND CAUSE OF ACTION; 2. GRANTING PLAINTIFF DAVIS MORENO'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANT'S COUNTERCLAIM; AND 3. DENYING DEFENDANT FRONTIER STEEL BUILDINGS CORP.'s COUNTER MOTION FOR SUMMARY JUDGMENT
[[E.D. Cal. Local Rules 137; Fed. R. Civ. P. 5]

12 DAVIS MORENO CONSTRUCTION, ) INC., a California corporation, ) ) 13 ) Plaintiff, ) 14 ) ) 15 v. ) ) 16 FRONTIER STEEL BUILDINGS ) ) 17 CORP., a Colorado corporation; ) ) 18 Defendant(s). ) ) 19 ) 20 21 22 23 24 25 26

Date: 8/30/2010 Time: 10:00 a.m. Courtroom: Three (3) , Hon. O. W. Wanger

This matter came regularly for hearing on August 30, 2010 at 10:00 a.m. in

27 Courtroom Three (3) of this Court before the Honorable Oliver W. Wanger. Present was 28 Russell D. Cook, Esq. on behalf of Plaintiff, Davis Moreno Construction, Inc., and John

O R D E R ON CROSS-M O T IO N S FOR SUM M A R Y JUDGM E N T

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Dockets.Justia.com

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Meininger, Esq. appeared on behalf of defendant Frontier Steel Buildings Corp. The Court, after carefully considering the briefs, argument of counsel, all matters presented to the Court, issued its Memorandum of Decision on November 2, 2010, as Document No. 118. Based upon that Memorandum of Decision, and for good cause appearing, the Court hereby ORDERS as follows: ORDER 1) IT IS HEREBY ORDERED that Plaintiff Davis Moreno Construction, Inc's

motion for summary judgment on Plaintiff's second cause of action pursuant to California Business and Professions Code §7031(b) is GRANTED; 2) IT IS HEREBY ORDERED that Plaintiff Davis Moreno Construction, Inc's

11 motion for summary judgment on Defendant Frontier Steel Building Corp.'s counterclaim 12 is GRANTED; 13 3) IT IS HEREBY ORDERED that Defendant Frontier Steel Building Corp.'s

14 motion for summary judgment is DENIED. 15 16 IT IS SO ORDERED 17 Date: 11/18/2010 18 19 20 21 22 23 24 25 26 27 28 /s/ OLIVER W. WANGER United States District Judge

ORDER ON CROSS-M O T IO N S FOR SUM M A R Y JUDGM E N T

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