Parties and Attorneys
Modern Continental Construction Co Inc v. Alstom Power, Inc et al.
Case Number F045453
| Party | Attorney |
|---|---|
| Modern Continental Construction Co Inc : Petitioner | Robert R. McCright THELEN REID & PRIEST 333 S. Hope Street, Suite 2900 Los Angeles, CA 90071-3048 |
| Alstom Power, Inc : Real Party in Interest | Gregory J. Dukellis WATT, TIEDER, HOFFAR & FITZGERALD 2040 Main Street, Suite 300 Irvine, CA 92614 Bob H. Joyce Lebeau, Thelen, Lampe, Mcintosh & Crear 5001 E. Commercenter Drive, Suite 300 P. O. Box 12092 Bakersfield, CA 93389-2092 |
| La Paloma Generating Co., LLC : Real Party in Interest | Gregory J. Dukellis WATT, TIEDER, HOFFAR & FITZGERALD 2040 Main Street, Suite 300 Irvine, CA 92614 Bob H. Joyce Lebeau, Thelen, Lampe, Mcintosh & Crear 5001 E. Commercenter Drive, Suite 300 P. O. Box 12092 Bakersfield, CA 93389-2092 |
Case Summary
Trial Court Case:
246691
Court of Appeal Case:
F045453
Division:
Case Caption:
Modern Continental Construction Co Inc v. Alstom Power, Inc et al.
Case Type:
CV
Filing Date:
05/06/2004
Completion Date:
02/14/2005
Oral Argument Date/Time:
11/08/2004 01:30 PM
Docket (Register of Actions)
Modern Continental Construction Co Inc v. Alstom Power, Inc et al.
Case Number F045453
| Date | Description | Notes |
|---|---|---|
| 05/06/2004 | Filed petition for writ of: | by Atty Pierce obo petnr Modern Continental Constrution Co, LLC W&M |
| 05/06/2004 | Filing fee. | $655 by Atty's Thelen Reid & Priest LLP |
| 05/06/2004 | Letter sent to: | Atty Pierce obo petnr re: need writ petn info sheet w/in 7 days |
| 05/06/2004 | Request for judicial notice filed. | by Atty Pierce obo petnr W&M |
| 05/06/2004 | Exhibits lodged. | in support of petn filed 5/6/04; vol 1, 2, & 3 (tabbed 1 through 15);W&M |
| 05/06/2004 | Order filed. | order of respondent court rendered on 4/6/04, directing petnr tofile an amended lien or, if no amended lien is filed, ordering thatthe existing lien be expunged, is stayed pending further of thiscourt; RPI's are directed to file an informal response to the meritsw/n 20 days (W3) |
| 05/10/2004 | Received document entitled: | writ petn information sheet; from atty Pierce obo petnr (W3) |
| 05/10/2004 | Request for judicial notice filed. | (supplemental) & authentication of exhibit in support of petn forwrit of mandate; by atty Pierce obo petnr (W3) |
| 05/10/2004 | Exhibits filed in support of: | petnr for writ of mandate; supporting appendix of exhibit tabbed 16;atty Pierce obo petnr (W3) |
| 05/25/2004 | Response filed to: | merits of petn for writ of mandate filed 5/6/04; by atty Dukellis oborpi Alstom Power, Inc. w/exhibits tabbed A&B (W3) |
| 05/27/2004 | Note: | no response by rpi La Paloma Generating Co. purs. to ct's order of5/6/04; W3 notified by e-mail |
| 06/03/2004 | Reply filed to: | rpi Alstom Power, Inc.'s response filed 5/25/04; by atty McCrightobo petnr (Ok to file per W3) |
| 07/01/2004 | Order filed. | Let an OSC issue returnable on 11/8/04 at 1:30 p.m.; written returndue 7/29/04; reply due 8/29/04; no eot's will be granted; petnr isdirected to include in its reply brief the relevant legislativehistory to Civil Code section 3123 (W3) copy to CSMGR |
| 07/01/2004 | Alternative writ or OSC issued. | Order to Show Cause set for 11/8/04 at 1:30 p.m. (W3) |
| 07/01/2004 | Letter sent to: | atty Pierce obo petnr re: enclosed are orig. +4 copies of OSC;please serve copy upon resp. & rpi, then return the original OSCw/POS to this office w/n 15 days (W3) |
| 07/12/2004 | Order to show cause with service filed. | atty Pierce obo petnr |
| 07/12/2004 | Filed document entitled: | notice of order to show cause re: petn for writ of mandate; from attyPierce obo petnr |
| 07/29/2004 | Telephone conversation with: | atty Dukellis obo rpi Alstom Power, Inc.; mailing in written returnby overnight mail today; W3 notified |
| 08/02/2004 | Received document entitled: | return to petn for writ of mandate; from atty Dukellis obo rpi,Alstom Power, Inc.; records do not show represents rpi La Paloma |
| 08/02/2004 | Received document entitled: | appendix of supporting exhibits (1&2 - 1 volume pgs. 1-263) to oppoto petn for writ of mandate; from atty Dukellis obo rpi Alstom Power |
| 08/02/2004 | Received document entitled: | req. for judicial ntc in support of return to petn for writ ofmandate; from atty Dukellis obo rpi Alstom Power, Inc. |
| 08/02/2004 | Telephone conversation with: | atty Dukellis obo rpi Alstom Power, Inc. & La Paloma Generating Co.;he does represent rpi La Paloma Generating Co. also; courtesy copiessent to atty Joseph Hughes only |
| 08/02/2004 | Written return filed. | attys Dukellis & Joyce obo rpi's (JAG)(return mailed overnight - Ok to file per W3) |
| 08/02/2004 | Exhibits filed in support of: | opposition to petn for writ of mandate (tabbed 1&2, volume 1 pgs.1-263); from atty Dukellis obo rpi's (JAG) |
| 08/02/2004 | Request for judicial notice filed. | in support of return to petn for writ of mandate; by atty Dukellisobo rpi's (JAG) |
| 08/17/2004 | Issue letter sent. | to all parties re: ct req that parties furnish this ct w/suppl ltrbrfs addressing the following issues: (SEE LTR FOR DETAILS). Supplltr brfs are to be rec'd by this ct by close of business 9/3/04. JAG |
| 09/01/2004 | Request filed to: | for stay of trial etc.; by atty Dukellis obo rpi's La PalomaGenerating Co. & Alstom Power, Inc. (JAG) |
| 09/02/2004 | Supplemental brief filed by: | Real Party in Interest: Alstom Power, Inc Attorney: Bob H. Joyce Attorney: Gregory J. Dukellis Real Party in Interest: La Paloma Generating Co., LLC Attorney: Bob H. Joyce Attorney: Gregory J. Dukellis Attorney: Dukellis, Gregory Party: La Paloma Generating Co., LLCParty: Alstom Power, Inc. purs. to ct's issue letter sent 8/17/04(JAG) |
| 09/03/2004 | Reply filed to: | rpi's written return filed 8/2/04 & letter brief (included in reply)in response to ct's issue letter sent 8/17/04; by atty Pierce obopetnr (JAG) |
| 09/03/2004 | Filed letter from: | atty McCright obo petnr re: supplemental letter brief as requestedpurs. to ct's issue letter sent 8/17/04 is included in reply, SectionC (JAG) |
| 09/03/2004 | Stay order filed. | in superior court No. 246691 CW pending a determination of the petnor further order of this court; this court notes that this order onlyaffects the commencement of trial but no other proceedings (JAG) |
| 09/09/2004 | Calendar notice sent. Calendar date: | 11/8/04 @ 1:30 p.m. - #01 |
| 09/09/2004 | Opposition filed. | to rpi's req. to stay trial 9/1/04 & stay order filed 9/3/04; by attyMcCright obo petnr (JAG) |
| 09/14/2004 | Reply filed to: | petnr's oppo filed 9/9/04 & requesting that court not reverse itsstay order & submits no additional briefing is necessary; by attyDukellis obo rpi's (Ok to file per JAG chambers) |
| 09/15/2004 | Order filed. | court has considered oppo filed 9/9/04 by petnr to rpi's request forstay of the trial; we hereby deny petnr's request to vacate theorder granting the stay & its request for further briefing in thisissue; had the court recv'd the opposition prior to issuing the stay,the court would have nonetheless issued the stay [Citation] (JAG) |
| 09/17/2004 | Received fax informational copy of: | o/a ntc & questionnaire; atty Dukellis obo rpi's; personal appearance30 minutes |
| 09/17/2004 | Received fax informational copy of: | letter from atty Dukellis obo rpi's re: questionnaire that wasinadvertently sent to firm's previous address; this is to notify youthat our firm has moved; new address 2040 Main St., Ste. 300, Irvine,CA. 92614 (address screen modified)(JAG) |
| 09/20/2004 | Returned document for non-conformance. | o/a notice & questionnaire to atty Pierce obo petnr (o/a by p/a);30 minutes; need proof of service |
| 09/22/2004 | Change of address filed for: | rpi's from atty Dukellis (address screen already modified)(JAG) |
| 09/22/2004 | Received calendar questionnaire. | atty Dukellis obo rpi's; o/a by personal appearance 30 minutes; copymailed to petnr |
| 09/23/2004 | Received calendar questionnaire. | atty Pierce obo petnr; oral argument by personal appearance 30minutes |
| 09/27/2004 | Ruling on request for judicial notice deferred. | rpi's request pending consideration of the petn on its merits (JAG) |
| 11/08/2004 | Cause argued - submission deferred. (See note field.) | until Nov. 29, 2004 or until court orders supplemental briefing. |
| 11/29/2004 | Cause submitted. | no supplemental briefing having been ordered |
| 12/15/2004 | Opinion filed. | petn for writ of mandate is denied on the merits; signed; non-pub;Dibiaso, Buckley & Dawson; 16 pgs. |
| 12/23/2004 | Filed letter from: | Atty Dukellis obo RPI re: Ask for clarification regarding the awardof costs (To JAG) |
| 01/03/2005 | Order filed. | order issued by this court on 5/6/04, staying the 4/6/04 order of theresp. superior court directing petnr to file an amended lien ishereby dissolved; in addition, applt costs are awarded to rpi's(Rule 56.4(a)) (JAG) |
| 02/14/2005 | Remittitur issued. | costs awarded to rpi's |
| 02/14/2005 | Case complete. | |
| 04/09/2007 | Shipped to state retention center, box # / list #: | box 560411 |
Briefs
Modern Continental Construction Co Inc v. Alstom Power, Inc et al.
Case Number F045453
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Supplemental brief filed by: | 09/02/2004 | Real Party in Interest: Alstom Power, Inc Attorney: Bob H. Joyce Attorney: Gregory J. Dukellis Real Party in Interest: La Paloma Generating Co., LLC Attorney: Bob H. Joyce Attorney: Gregory J. Dukellis | Attorney: Dukellis, Gregory Party: La Paloma Generating Co., LLC Party: Alstom Power, Inc. purs. to ct's issue letter sent 8/17/04 (JAG) |
Disposition
Modern Continental Construction Co Inc v. Alstom Power, Inc et al.
Case Number F045453
Description:
Petition denied on merits by opinion
Date:
12/15/2004
Disposition Type:
Final
16 pages
16 pages
Publication Status:
Signed Unpublished
Author:
Dibiaso, Nick J.
Participants:
Dawson, Betty L. (Concur)
Buckley, Timothy S. (Concur)
Buckley, Timothy S. (Concur)
Case Citation:
none
Trial Court
Modern Continental Construction Co Inc v. Alstom Power, Inc et al.
Case Number F045453
Trial Court Name:
Kern County Superior Court - Main
County:
Kern
Trial Court Case Number:
246691
Trial Court Judge:
Trial Court Judgment Date: