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United States Court Cases

California Fifth Appellate District Record

Modern Continental Construction Co Inc v. Alstom Power, Inc et al.

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
Publication Status:
Signed Unpublished
Author:
Dibiaso, Nick J.
Participants:
Dawson, Betty L. (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: