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3AN-04-10059CI B & J Investments, LLC vs. Kaer, Randy T et al SKT

Court Case Details

Case Number: 3AN-04-10059CI
Case Type: Civil Superior Ct (3AN)
Case Status: Closed
Action: Other Real Estate Matter
Case Judge: Tan, Sen K
File Date: 17 Aug 2004

Parties

Name Role
B & J INVESTMENTS, LLC Plaintiff
Kaer, Randy T Defendant
KAERCRAFT FINE HOMES Defendant
Kaercraft Fine Homes, Inc. Defendant
KAERCRAFT, INC. Defendant
Rednall, Joseph Defendant

Dispositions

Disposition Date Case Judge
Perempt Disqual by Plaintiff/Petitioner/Appellant 2004-08-23 Michalski, Peter A
Judgment on Pleadings for Defendant 2006-01-10 Tan, Sen K

Receipts

Receipt Number Date Amount
45332 2004-08-17 $150.00
111083 2005-10-07 $10.00
115211 2005-10-25 $10.00
147960 2006-02-28 $10.00

Events

Date Location Type Result Event Judge
2005-08-30 Courtroom 504, Nesbett Courthouse Motion Hearing Superior Court Hearing Reset Tan, Sen K
2005-10-06 Courtroom 504, Nesbett Courthouse Oral Argument Hearing Held Tan, Sen K
2005-10-06 Courtroom 504, Nesbett Courthouse Motion Hearing Superior Court Calendared in Error Tan, Sen K
2005-11-14 Courtroom 504, Nesbett Courthouse Pre-Trial Conference Superior Court Civil Hearing Held Tan, Sen K
2005-11-21 Courtroom 504, Nesbett Courthouse Non-Jury Trial Superior Court Civil Hearing Vacated Tan, Sen K

Financial

Cost Type Amount Owned Amount Paid Amount Adjusted Amount Outstanding
Total $180.00 $180.00 $0.00 $0.00
Filing Fee $150.00 $150.00 $0.00 $0.00
Miscellaneous Revenue $30.00 $30.00 $0.00 $0.00

Docket

Date Text
Aug 17 2004
Complaint Re Real Estate Matter Filed  Receipt: 45332  Date: 08/17/2004
Aug 17 2004
Summons Issued (3AN)
Aug 17 2004
Case flagged for Civil Rule 4(j) tracking (3AN)
            Randy T Kaer (Defendant); KAERCRAFT FINE HOMES (Defendant); Kaercraft Fine Homes, Inc. (Defendant); Kaercraft, Inc. (Defendant); Joseph Rednall (Defendant)
Aug 20 2004
Notice of: Lis Pendens
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff)
Aug 23 2004
Notice of Change of Judge
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff)
Aug 24 2004
Peremptory Disqualification by Plaintiff/Petitioner
Sep 02 2004
Attorney Information
            Attorney Nangle, Paul L. representing Defendant Kaercraft, Inc. as of 09/02/2004
Sep 02 2004
Attorney Information
            Attorney Nangle, Paul L. representing Defendant Kaercraft Fine Homes, Inc. as of 09/02/2004
Sep 02 2004
Attorney Information
            Attorney Nangle, Paul L. representing Defendant KAERCRAFT FINE HOMES as of 09/02/2004
Sep 02 2004
Attorney Information
            Attorney Nangle, Paul L. representing Defendant Kaer, Randy T as of 09/02/2004
Oct 13 2004
Civil Rule 4(f) Affidavit
            Daniel Libbey (Attorney) on behalf of B & J Investments, LLC (Plaintiff)
Oct 14 2004
Certificate of Service
            Daniel Libbey (Attorney) on behalf of B & J Investments, LLC (Plaintiff)
Oct 22 2004
Answer
            Robert J Gunther (Attorney) on behalf of Joseph Rednall (Defendant)
Oct 25 2004
Errata Re: Answer Filed 10/22/04
            Robert J Gunther (Attorney) on behalf of Joseph Rednall (Defendant)
Oct 26 2004
Initial Pretrial Order Issued
Oct 28 2004
Answer
            Paul L. Nangle (Attorney) on behalf of KAERCRAFT FINE HOMES (Defendant)
Nov 19 2004
Notice Correcting Prior Submission of Trial Dates
            Daniel Libbey (Attorney) on behalf of B & J Investments, LLC (Plaintiff)
Nov 22 2004
Routine Pretrial Order entered setting trial for November 21, 2005
Feb 09 2005
Stipulation Partial Dismissal: Pltf claims as to R Kaer, Kaercraft Fine Homes, Kaercraft Fine Homes Inc, Kaercraft Inc. only
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff); Randy T Kaer (Defendant); KAERCRAFT FINE HOMES (Defendant); Kaercraft Fine Homes, Inc. (Defendant); Kaercraft, Inc. (Defendant)
            Case Motion #1
Feb 14 2005
Order Granting Partial Dismissal With Prejudice
            Case Motion #1: Stipulation
Apr 15 2005
Motion for Summary Judgment
            Attorney: Gunther, Robert J (9107064)
            Joseph Rednall (Defendant)
            Case Motion #2
Apr 22 2005
Non-Opposed Motion Extension to 5/13/05 to File Opp to Rednall Mtn Summary Jdgmt, 5/20/05 to File Reply to Opp
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff)
            Case Motion #3
May 04 2005
Order Granting Non-Opposed Motion for Extension of Time to File Opposition to Rednall's Summary Judgment Motion and Agreed Upon Briefing Schedule
            Case Motion #3: Stipulation
May 13 2005
Motion for Extension of Time Until 6/03/05 to File Opposition to Rednall's Summary Judgment Motion
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff);
            Case Motion #4
May 26 2005
Response to Defendant's Second Motion for Extension of Time to File Response to Rednall's Motion for Summary Judgment
            Attorney: Gunther, Robert J (9107064)
            Joseph Rednall (Defendant);
            Case Motion #4: Standard Motion
Jun 07 2005
Plaintiff's Cross-Motion for Summary Judgment re: Quiet Title (consolidated with Plaintiff's Opposition to Defendant's Motion for Summary Judgment)
            Attorney: Libbey, Daniel (0012105)
            Attorney: Libbey, Colleen A (0012104)
            B & J Investments, LLC (Plaintiff);
            Case Motion #6
Jun 07 2005
Motion to Accept Late Filing
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff);
            Case Motion #5
Jun 07 2005
Plaintiff's Opposition to Defendant's Motion for Summary Judgment (consolidated with Plaintiff's Cross-Motion for Summary Judgment re: Quiet Title)
            Attorney: Libbey, Daniel (0012105)
            Attorney: Libbey, Colleen A (0012104)
            B & J Investments, LLC (Plaintiff);
            Case Motion #2: Dispositive Motion
Jun 12 2005
Order Granting Motion for Extension of Time to File Opposition to Rednall's Summary Judgment Motion
            Case Motion #4: Standard Motion
Jun 13 2005
Defendant's Non-Opposition to Motion to Accept Late Filing
            Attorney: Gunther, Robert J (9107064)
            Joseph Rednall (Defendant);
            Case Motion #5: Standard Motion
Jun 13 2005
Motion to Enlarge Time to File Summary Judgment Reply Brief
            Attorney: Gunther, Robert J (9107064)
            Joseph Rednall (Defendant);
            Case Motion #7
Jun 16 2005
Order Granting Motion to Accept Late Filed Opposition to Rednall's Summary Judgment Motion
            Case Motion #7: Standard Motion
Jun 17 2005
Non-opposition to Deft Randall Mtn Enlarge Time
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff);
            Case Motion #7: Standard Motion
Jun 17 2005
Defendant'sPreliminary  Witness List
            Attorney: Gunther, Robert J (9107064)
            Joseph Rednall (Defendant);
Jun 27 2005
Motion to Enlarge Time to 7/05/05 to File Summary Judgment Reply Brief
            Attorney: Gunther, Robert J (9107064)
            Joseph Rednall (Defendant);
            Case Motion #8
Jul 05 2005
Reply to Opposition to Motion for Summary Judgment and Opposition to Cross-Motion for Summary Judgment
            Attorney: Gunther, Robert J (9107064)
            Joseph Rednall (Defendant);
            Case Motion #2: Dispositive Motion, Case Motion #6: Dispositive Motion
Jul 11 2005
Request for Oral Argument on defendant Rednall's motion for summary Judgment
            Attorney: Libbey, Daniel (0012105)
            Case Motion #2: Dispositive Motion
Jul 13 2005
Order Setting Oral Aragument on Defendant Rednall's summary judgment motion for August 30, 2005 at 3:30 p.m.
            Case Motion #2: Dispositive Motion
Jul 13 2005
Order on Motion to Enlarge Time to File Summary Judgment Reply Brief granted
            Case Motion #7: Standard Motion
Jul 20 2005
Plaintiff's Reply to Plaintiff's Cross-Motion for Summary Judgment re: Quiet Title
            Attorney: Libbey, Daniel (0012105)
            Attorney: Libbey, Colleen A (0012104)
            B & J Investments, LLC (Plaintiff);
            Case Motion #6: Dispositive Motion
Jul 20 2005
Request for Oral Argument on plaintiff's cross motion for summary Judgment
            Attorney: Libbey, Daniel (0012105)
            Case Motion #6: Dispositive Motion
Jul 20 2005
Motion to Accept Late filed reply to Rednall's opposition to cross motion for summary Judgment
            Attorney: Libbey, Colleen A (0012104)
            Case Motion #9
Aug 01 2005
Non-Opposed Motion Extension Pretrial Deadlines
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff);
            Case Motion #10
Aug 04 2005
Order setting OA on plaintiff's x-motion for summary judgment for 8/30/05 at 3:30 p.m.
Aug 04 2005
Order Granting Motion to Enlarge Time to 7/5/05 file reply to opp to MSMJ 
            Attorney: Gunther, Robert J (9107064)
            Case Motion #8: Standard Motion
Aug 04 2005
Order Granting Motion to Accept late-filed reply to Rednall's opposition to cross-motion for summary judgment.
            Attorney: Libbey, Daniel (0012105)
            Case Motion #9: Standard Motion
Aug 04 2005
Order Granting Non-Opposed Motion for extension of time to file expert witness lists/reports. 
            Attorney: Libbey, Daniel (0012105)
            Case Motion #10: Stipulation
Aug 09 2005
Opposition to non-opposed motion for extension of time to file expert witness lists/reports
            Attorney: Gunther, Robert J (9107064)
            Case Motion #10: Stipulation
Aug 11 2005
Reply to Opposition to Motion for Extension of Time to File Expert Witness Lists / Reports
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff);
            Case Motion #10: Stipulation
Aug 12 2005
Order vacating 8/4/05 order granting plaintiff's motion for extension of time to file expert witness lists/reports.
Aug 12 2005
Motion to Reconsider 8-4-05 Order Granting Non-Opposed Motion for Extension of Time to File Expert Witness Lists/Reports
            Attorney: Gunther, Robert J (9107064)
            Joseph Rednall (Defendant);
            Case Motion #11
Aug 15 2005
Order Granting Motion to enlarge time to file expert witness lists/reports. Expert witness list due 8/11/05 as requested. Reports due 9/11/05. 
            Attorney: Libbey, Daniel (0012105)
            Case Motion #10:
Aug 23 2005
Motion for Continuance of Oral Argument
            Attorney: Libbey, Daniel (0012105)
            Case Motion #13
Aug 23 2005
Motion for Expedited Consideration of: Motion for Continuance of Oral Argument
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff);
            Case Motion #12
Aug 24 2005
Order Granting Motion for Expedited Consideration of Motion for Continuance of 8/30/05 OA. Opp to underlying motion due in chambers by 4pm on 8/25/05.
            Case Motion #12: Expedited Motion
Aug 25 2005
Joinder/Non-opposition to motion to continue OA on motions for summary judgment.  
            Attorney: Gunther, Robert J (9107064)
            Case Motion #13: Standard Motion
Aug 26 2005
Plaintiff's Motion for Summary Judgment re: Tortious Interference
            Attorney: Libbey, Daniel (0012105)
            Case Motion #14
Aug 26 2005
Order Granting Motion to Continue 8/30/05 OA. Reset to 10/6/05 at 3:30 p.m. by agreement of the parties. 
            Attorney: Libbey, Daniel (0012105)
            Case Motion #13: Standard Motion
Sep 16 2005
Joe Rendnall's Opposition to Plaintiff's Second Motion Summary Judgment Regarding Tortious Interference
            Attorney: Gunther, Robert J (9107064)
            Case Motion #14: Dispositive Motion
Sep 26 2005
Motion toi Exclude Testimony by Plaintiff's Expert Wiitness
            Attorney: Gunther, Robert J (9107064)
            Case Motion #15
Sep 27 2005
Plaintiff's Motion for Protective Order
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff);
            Case Motion #16
Sep 27 2005
Motion to Accept One-Day Late Filed Pleadings
            Attorney: Libbey, Daniel (0012105)
            Case Motion #17
Sep 27 2005
Reply in Support of Plaintiff's Motion for Summary Judgment re: Tortious Interference
            Attorney: Libbey, Daniel (0012105)
            Case Motion #14: Dispositive Motion
Oct 07 2005
CD/Tape Duplication  Receipt: 111083  Date: 10/07/2005
Oct 25 2005
CD/Tape Duplication  Receipt: 115211  Date: 10/25/2005
Nov 07 2005
Defendant Joe Rednall's Trial BriefTrial Brief
            Attorney: Gunther, Robert J (9107064)
Nov 07 2005
Motion for Expedited Consideration of: Motion to Continue Trial and Motion to Disqualify Counsel
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff);
            Case Motion #19
Nov 07 2005
Motion to Continue Trial
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff);
            Case Motion #20
Nov 07 2005
Defendant Joe Rednall's Objection  to Plaintiff's Proposed Exhibits
            Attorney: Gunther, Robert J (9107064)
Nov 08 2005
Motion to Disqualify Counsel
            Attorney: Libbey, Daniel (0012105)
            B & J Investments, LLC (Plaintiff);
            Case Motion #21
Nov 08 2005
Order Granting Motion for expedited consideration of motion to disqualify counsel and motion to continue trial. Opp due in chambers by 11/10/05 by 4:30 p.m., reply by 11/14/05 at 9a.m. 
            Attorney: Libbey, Daniel (0012105)
            Case Motion #19: Expedited Motion
Nov 10 2005
Opposition to Motion to Disqualify Counsel and to Motion to Continue Trial.
            Attorney: Gunther, Robert J (9107064)
            Case Motion #20: Standard Motion
Nov 14 2005
Reply to Motion to Disqualify Counsel and Motion to Continue Trial.
            Attorney: Libbey, Daniel (0012105)
            Case Motion #20: Standard Motion
Nov 14 2005
Request for Oral Argument on Plaintiff's Motion to Disquality Counsel and Motion to Continue Trial.
            Attorney: Libbey, Daniel (0012105)
            Case Motion #20: Standard Motion
Nov 14 2005
Order Granting Motion for Protective Order re:  docs related to rental agreements.
            Attorney: Libbey, Daniel (0012105)
            Case Motion #16: Standard Motion
Nov 14 2005
Reply to Motion to Disqualify Counsel and Motion to Continue Trial
            Attorney: Libbey, Daniel (0012105)
            Case Motion #21: Standard Motion
Nov 14 2005
Defendant's  Final Witness List
            Attorney: Gunther, Robert J (9107064)
Nov 14 2005
Request for Oral Argument
            Attorney: Libbey, Daniel (0012105)
            Case Motion #20: Standard Motion
Nov 14 2005
Order declaring B&J's claim for quiet title moot, finding that deft filed a proper lis pendens and was privileged to do so, and granting summary judgment for defendant on claim of tortious interference.
Nov 14 2005
Order Granting 9/27/05 Motion for Protective Order
            Attorney: Libbey, Daniel (0012105)
            Case Motion #16: Standard Motion
Nov 15 2005
Proposed Order(Judgment) filed by Defendant
            Attorney: Gunther, Robert J (9107064)
            Case Motion #23
Nov 15 2005
Notice of Filing and Serving of Proposed Judgment
            Attorney: Gunther, Robert J (9107064)
Nov 22 2005
Opposition to Defendant's Proposed Judgment and Notice of filing Plaintiff's Proposed Judgment
            Attorney: Libbey, Daniel (0012105)
            Case Motion #23: Proposed  Order
Nov 29 2005
Defendant Joe Rendnall's Objection to Proposed Judgment Filed by Plaintiff
            Attorney: Gunther, Robert J (9107064)
Jan 10 2006
Judgment Entered
             Attorney Fees:                      6,272.00 
            Court Costs:                            830.26 
            Judgment Total:                    7,102.26 
            Terms: Post Judgment Interest 8.25% 
            Judgment Type: Summary Judgment 
            Judge: Tan, Sen K 
            Judgment Date: 01/10/2006 
             
            Judgment For: Rednall, Joseph - Defendant 
             
            Judgment Against: B & J Investments, LLC - Plaintiff 
             
            Judgment Balance:                          7,102.26 
            Case Total:                                      7,102.26 
            Case Balance:                                 7,102.26
Jan 10 2006
Proposed Judgment in favor of defendant signed by judge. 
            Attorney: Gunther, Robert J (9107064)
            Case Motion #23: Proposed  Order
Jan 10 2006
Judgment on the Pleadings for Defendant
Jan 20 2006
Cost Bill
            Attorney: Gunther, Robert J (9107064)
            Case Motion #23
Jan 20 2006
Defendant Joseph Rednall's Motion for Rule 82 Attorney Fees
            Attorney: Gunther, Robert J (9107064)
            Case Motion #22
Jan 24 2006
Errata to Prior Certificates of Service and Supplemental Certificate of Service
            Attorney: Gunther, Robert J (9107064)
Jan 31 2006
Motion for 3 Day Extension of Time to Object to Cost Bill
            Attorney: Libbey, Daniel (0012105)
            Case Motion #24
Feb 03 2006
Plaintiff's Opposition to Defendant's Motion for Rule 82 Attorney Fees & Objection to Cost Bill
            Daniel Libbey (Attorney) on behalf of B & J Investments, LLC (Plaintiff)
            Case Motion #22: Standard Motion
Feb 06 2006
Proposed Order Denying Motion for Attorney Fees and Costs
            Daniel Libbey (Attorney) on behalf of B & J Investments, LLC (Plaintiff)
            Case Motion #22: Standard Motion
Feb 08 2006
Defendant Joseph Rednall's Reply to Plaintiff's Opposition to Motion for Attorney's Fees and Objection to Cost Bill
            Attorney: Gunther, Robert J (9107064)
            Case Motion #22: Standard Motion, Case Motion #23: Cost Bill
Feb 16 2006
Notice of appeal to supreme court  S-12219
Feb 22 2006
Notice of Transmittal of Record,  3 vol court file
            
            Notice of Transmittal of Record
            Sent on:  02/22/2006  11:24:56
Feb 28 2006
CD/Tape Duplication  Receipt: 147960  Date: 02/28/2006
Apr 26 2006
Order Granting Motion for Rule 82 attorney fees. Defendant's counsel awarded 20% of actual fees for a total of $6272.00
            Attorney: Gunther, Robert J (9107064)
            Case Motion #22: Standard Motion
Apr 27 2006
Order Granting Motion for 3-day extension of time to object to cost bill. 
            Attorney: Libbey, Daniel (0012105)
            Case Motion #24: Standard Motion
Apr 28 2006
Clerk's Ruling on Cost Bill in Favor of Defendant  Joseph Rednall in the amount of $830.26
            Case Motion #23: Cost Bill
Jun 23 2006
Appeal decision Supreme Court  S-12219:   Appeal DISMISSED,  stipulation with prejudice file 6/8/06
Jun 26 2006
Proposed Order Upon Dismissal of Appeal
Jun 26 2006
Return of record from Supreme Court,   3 vol court file, 1 vol transcript, 1 envelope/exhibits
Jun 28 2006
Order Upon Dismissal of Appeal entered. No further proceedings required. All exhibits/depos to be returned w/i 60 days or by request.