Fenters et al v. Yosemite Chevron et al

Filing 265

ORDER Granting Defendants' Motion for Summary Judgment and Judgment; IT IS HEREBY ORDERED that the motions for Summary Judgment by the CountyDefendants and the Cassabon Defendants, are GRANTED; Judgment IN FAVOR of the County Defendants and the Cassabon Defendants and against Plaintiff TIFFANY FENTERS; It is further ordered that the County Defendants and the Cassabon Defendants are entitled to recover their costs, signed by Judge Oliver W. Wanger on 06/03/2011. (Martin-Gill, S)

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1 2 3 4 5 James J. Arendt, Esq. Bar No. 142937 WEAKLEY & ARENDT, LLP 1630 East Shaw Avenue, Suite 176 Fresno, California 93710 Telephone: (559) 221-5256 Facsimile: (559) 221-5262 Attorneys for Defendants, County of Merced, Gordon Spencer, and Merle Wayne Hutton 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 TIFFANY FENTERS 10 Plaintiffs 11 vs. 12 13 14 15 16 17 YOSEMITE CHEVRON, ABBCO INVESTMENTS, LLC; ROBERT ABBATE; GORDON SPENCER, DISTRICT ATTORNEY FOR THE COUNTY OF MERCED; MERLE WAYNE HUTTON, SUPERVISING INVESTIGATOR FOR THE COUNTY OF MERCED, THE COUNTY OF MERCED, CALIFORNIA, VICTOR K. FUNG, CPA; ERIN M. McILHATTON, CPA; CASSABON & ASSOCIATES; DOES 1-10, 18 19 Defendants. ____________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:05-CV-01630 OWW DLB ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND JUDGMENT [FRCP 56; Local Rule 56-260] 20 The motions for summary judgment, or alternatively, summary adjudication, filed by 21 Defendants COUNTY OF MERCED, GORDON SPENCER and MERLE WAYNE HUTTON 22 (“County defendants”), and Defendants VICTOR FUNG and CASSABON & ASSOCIATES, LLP 23 (“Cassabon defendants”), came on for hearing on April 21, 2009. The County defendants were 24 represented by attorney James J. Arendt. The Cassabon defendants were represented by attorney 25 Joseph Rubin. Plaintiff TIFFANY FENTERS was represented by attorney Kevin G. Little. 26 After considering the moving and opposition papers, arguments of counsel and all other 27 matters presented to the Court, as detailed in the Court’s Memorandum Decisions (Doc.’s 227 and 28 228), referred to and incorporated herein by reference, IT IS HEREBY ORDERED that the motions for summary judgment by the County ____________________________ Order Granting County Defendants’ Motion for Summary Judgment 1 defendants and the Cassabon defendants, are granted. 2 The clerk of this Court is directed to enter judgment in favor of the County defendants and 3 the Cassabon defendants and against plaintiff TIFFANY FENTERS. It is further ordered that the 4 County defendants and the Cassabon defendants are entitled to recover their costs. 5 6 IT IS SO ORDERED. 7 DATED: June 3, 2011 8 9 /s/ OLIVER W. WANGER United States District Court Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ____________________________ Order Granting County Defendants’ Motion for Summary Judgment 2

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