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Photo of Kern Co Non Criminal Court

Court

Kern Co Non Criminal Court

California

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Case Information

Filed 2022-07-07
Status Dismissed
Type 07 Cv Business Tort Civil Unlimited
Docket 86 entries
Disposition dismiss

Parties

Plaintiff Cumbry, Shirley L.
Defendant Ygrene Energy Fund Inc.
Photo of Hon. Zulfa David

Judge

Hon. Zulfa David

Kern County (CA)

California

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Lawyers

Docket Entries

  1. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Comment Re: CRC 3.110 Hearing Date: 1/11/21 Hearing Time: 8:30 Hearing Department/Division: 11
  2. Served 12/01/202012:50 PM Served 12/01/202011:16 AM Served 12/08/20201:47 PM
  3. Comment as to Renew Financial Group, LLC, via personal service.
  4. Comment as to Ygrene Energy Fund Inc. via personal service.
  5. Comment as to Shor Construction via personal service.
  6. Comment Defendant Ygrene Energy Fund Inc.'s Answer to Plaintiff Shirley L. Cumbry's Complaint
  7. Comment Answer to Complaint - $435.00
  8. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Judicial Officer Lampe, David R. Hearing Time 8:30 AM Cancel Reason Proof Of Service Filed
  9. Comment Defendant Ygrene Energy Fund Inc.'s Special Motion to Strike Plaintiffs' Complaint Pursuant to C.C.P. 425.16 and for Attorneys' Fees and Costs Hearing Date: 4/27/2021 at 8:30 a.m. in Department 11
  10. Comment of Daniel R. Paluch in Support of Special Motion to Strike Plaintiff's Complaint
  11. Comment in support of Special Motion to Strike Plaintiff's Complaint
  12. Comment Re: Case Management Statement and Notice of Jury Deposit
  13. Comment Demurrer to Plaintiff's Complaint and Motion to Strike Hearing Date: 4/5/2021 at 8:30 a.m. in Department 11
  14. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) View Document Case Management Conference 03/08/2021 Judicial Officer Lampe, David R. Hearing Time 8:30 AM Result Held
  15. Comment Notice of Continued CMC/Hearing
  16. Comment to Defendant's Demurrer
  17. Comment re Opposition to Demurrer
  18. Comment to Opposition to Demurrer
  19. View Document Ruling 04/05/2021 Hearing Time 8:00 AM Result Ruling
  20. Judicial Officer Lampe, David R. Hearing Time 8:30 AM Cancel Reason Pre-Cleared Reservation Expired Comment Reserved: 2/17 Due Date: 2/22 Defendant SHOR CONSTRUCTION Motion to Strike
  21. Comment Supplemental Declaration of Daniel R. Paluch in Support of Defendant Ygrene Energy Fund Inc.'s Special Motion to Strike Plantiffs' Complaint Pursuant to Cal. Civ. Proc. Code 425.16 and for Attorneys' Fees and Costs
  22. Comment Supplemental Request for Judicial Notice in Support of Special Motion to Strike Plaintiffs' Complaint
  23. Comment to Special Motion to Strike Plaintiff's Complaint
  24. Comment of Plaintiff Shirley Cumbry in Support of Opposition to Special Motion to Strike Complaint
  25. Comment in support of Plaintiff's Opposition to Special Motion to Strike
  26. Comment of Daniel Alper in Support of Opposition to Special Motion to Strike
  27. Comment of Plaintiff Shirley Cumbry in Support of Opposition and Exhibits
  28. Comment of Daniel Alper in Support of Opposition to Special Motion to Strike and Exhibits
  29. Comment Reply in Support of Defendant Ygrene Energy Fund Inc.'s Special Motion to Strike and for Attorneys' Fees and Costs
  30. View Document Motion to Strike (ANTI SLAPP) Per CCP 425.16 04/27/2021 Judicial Officer Lampe, David R. Hearing Time 8:30 AM Result Held Comment 2/1/2021 Defendant, YGRENE ENERGY FUND, INC. Special Motion to Strike Complaint
  31. View Document Demurrer 04/27/2021 Judicial Officer Lampe, David R. Hearing Time 8:30 AM Result Held Comment 2/17/2021 Defendant, SHOR CONSTRUCTION Demurrer to Plaintiffs' Complaint
  32. View Document Case Management Conference 04/27/2021 Judicial Officer Lampe, David R. Hearing Time 8:30 AM Result Held Comment Cont'd from 3/8/21
  33. View Document Ruling 04/28/2021 Judicial Officer Lampe, David R. Hearing Time 10:30 AM Result Ruling
  34. Comment of Ruling Of 4/27/2021 Demurrer
  35. Comment Proof of Service by Mail
  36. Comment Answer to Complaint
  37. Judicial Officer Lampe, David R. Comment The Court denies Defendant Ygrene Energy Fund, Inc.'s Special Motion to Strike Complaint, concluding Defendant has failed to meet its burden of demonstrating Plaintiff's claims arise from constitutionally protected activity. More specifically, Defendant has failed to persuade the Court that Plaintiff's claims against Ygrene are based on the recording of a PACE lien, as Ygrene contends. Furthermore, Plaintiff has shown the speech at issue constitutes commercial speech within the meaning of Code of Civil Procedure section 425.17(c), and is thus outside the purview of section 425.16.
  38. Judicial Officer Lampe, David R. Comment The Court overrules Defendant Shor Construction's Demurrer to Plaintiff Shirley Cumbry's Complaint. Defendant demurs to Plaintiff fifth and sixth causes of action, labeled "fraud, or in the alternative, negligent misrepresentation" and "Elder Abuse," arguing Plaintiff fails to allege sufficient facts to constitute either cause of action. Defendant also argues the entire Complaint fails for lack of any allegations of wrongdoing and Plaintiff's prayer for punitive damages is improper. The arguments are without merit. The Court concludes Plaintiff has adequately alleged facts supporting fraud, both intentional and negligent, as well as a claim for financial abuse of a dependent adult within the meaning of the Elder Abuse and Dependent Adult Civil Protection Act (i.e., Welf & Inst. Code, 15610.23, 14610.30.) Regarding punitive damages, a general demurrer challenges only the sufficiency of the cause of action pleaded. (Code Civ. Proc., 430.10.) A motion to strike is the procedure to attack an improper claim for punitive damages. Regardless, the allegations support Plaintiff's claim for punitive damages. The Court directs Defendants to file and serve their Answer within 10 days of service of the order.
  39. View Document Case Management Conference 07/20/2021 Judicial Officer Lampe, David R. Hearing Time 8:30 AM Result Held Comment CONT'D FROM 4/27/21
  40. Comment The Court sets the following trial dates: Jury Trial/Final Case Management Conference hearings are set on February 14, 2023 at 9:00 a.m. in Department 11. Mandatory Settlement Conference hearing is set on January 13, 2023 at 9:00 a.m. in Department 1.
  41. Judicial Officer Friedman - Retired, Gary T. Hearing Time 09:00 AM Comment J/T & FSC SET 2/14/23 9AM DEPT 11 T/E 4-5 DAYS
  42. Hearing Time 09:00 AM
  43. View Document Case Management Conference 07/20/2021 Hearing Time 9:00 AM Comment T/E 4-5 DAYS JURY FOR PLAINTIFF AND DEFENDANT, YGRENE ENERGY FUND, INC.
  63. Judicial Officer Zulfa, David Hearing Time 8:30 AM Cancel Reason Dismissal Filed Comment Pursuant 3.1385

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