BRIGHT VS MCMILLIN TUSCANY LLC
Case Summary
Case Details
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Case Number:
*********0439
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Filing Date:
10/02/2013
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Case Status:
Disposed - Dismissed
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Case Type:
Property - Construction Defect
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Court:
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Courthouse:
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County, State:
Kern, California
Judge Details
Judges
Brumfield, Lorna H.
Clark, Thomas S.
Schuett, Stephen D.
Party Details
Plaintiffs
BRIGHT, MICHAEL
BOJORQUEZ, HERNAN
BOJORQUEZ, MARIA I.
HINOJOSA, FRED
MAHAR, MICHAEL
MAHAR, NATALIE
PARRA, MARIBEL
MONSIBAIS, MANUEL
Attorney/Law Firm Details
Plaintiff Attorney
GUTHRIE, LORI J
Attorney at SHINNICK & RYAN LLP
1810 State St
San Diego, CA 92101
Other Attorneys
BLAKE, KIMBERLY A
KENNEDY, KEVIN P
MCNEILL, TIMOTHY C
PEZOLD, DANIEL G
STEAD, CALVIN R
ARABI, ARASH S
MALCOLM, STACEY L
HAMMONS, WALLACE W
EBNER, DARREN M
HAZELTON, M TROY
CRAWFORD, DAVID
CRESPO, DANIEL A
MCCLAIN, ROBYN S
Court Documents
Electronic Rejection Notice: Comment: To: Calvin R. Stead Re: Case Management Statement Reason: Case Management Statement is not set for Calendar. Per conversation accepted in error.
Electronic Rejection Notice: Comment: To: Calvin R Stead Re: Request for dismissal Reason: Per conversation will resubmit with the correct cross defendant names answered.
Electronic Rejection Notice: Comment: To: Attorney Calvin R Stead Re: Request for Dismissal Reason: We already received and filed request for Dismissal for Entire Case
Electronic Rejection Notice: Comment: 2nd rejection: Date Cross-Complaint was filed is incorrect. Also, the address of the court is 1415 Truxtun Ave. Please make corrections and re-submit. Returned via efile
Electronic Rejection Notice: Comment: Re: Request for Dismissal, Per phone conversation with Tamara on 01/03/2020 corrections need to be done to party names listed on page 3 (attachment)
Electronic Rejection Notice: Comment: A request was filed with the Court on 02/15/2017 to Dismiss McClure Door, Inc., a California Corporation dba Central Valley Overhead Door Only.
Electronic Rejection Notice: Comment: Proof of Service has a section for " Court Use Only" Please separate from declaration and file as a separate document.
Order to Show Cause in re: Dismissal 10/28/2019: Judicial Officer: Clark, Thomas S.; Hearing Time: 8:30 AM; Result: Continued - Court's Motion Hearing; Comment: as to X- Complaint McMillin Tuscany, LLC, et al., Pursuant to CRC 3.1385
Electronic Rejection Notice: Comment: Request for Dismissal: Several Reasons: Court Address listed is incorrect and page 2 of the form is missing. Please correct and resubmit.
Docket Entries
- 01/07/2020
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DocketNotice of Entry of Dismissal
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- 01/07/2020
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DocketNotice of Entry of Dismissal - Comment: & Proof of Service As to Cross Complaint, Entire Action
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- 01/07/2020
- View Court Documents
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DocketElectronic Rejection Notice - Electronic Rejection Notice: Comment: To: Attorney Calvin R Stead Re: Request for Dismissal Reason: We already received and filed request for Dismissal for Entire Case
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- 01/07/2020
- View Court Documents
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DocketElectronic Rejection Notice - Electronic Rejection Notice: Comment: To: Calvin R Stead Re: Request for dismissal Reason: Per conversation will resubmit with the correct cross defendant names answered.
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- 01/07/2020
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DocketOrder to Show Cause in re: Dismissal - Judicial Officer: Clark, Thomas S.; Hearing Time: 8:30 AM; Cancel Reason: Dismissal Filed; Comment: as to the Complaint only WHY ENTIRE MATTER SHOULD NOT BE DISMISSED WITHOUT PREJUDICE PURSUANT TO CRC 3.1385
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- 01/07/2020
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DocketOrder to Show Cause in re: Dismissal - Judicial Officer: Clark, Thomas S.; Hearing Time: 8:30 AM; Cancel Reason: Dismissal Filed; Comment: as to Guinn Corporation FKA Irv Guinn Construction only
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- 01/07/2020
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DocketOrder to Show Cause in re: Dismissal - Judicial Officer: Clark, Thomas S.; Hearing Time: 8:30 AM; Cancel Reason: Dismissal Filed; Comment: as to X- Complaint McMillin Tuscany, LLC, et al., Pursuant to CRC 3.1385
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- 01/06/2020
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DispositionDiposition: Judgment - Judicial Officer: Clark, Thomas S.; Judgment Type: Dismissal-Entry of Request for Dismissal-Before Trial(CL/CV)
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- 01/06/2020
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DispositionDiposition: Judgment - Judicial Officer: Clark, Thomas S.; Judgment Type: Dismissal-Entry of Request for Dismissal-Before Trial(CL/CV)
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- 01/06/2020
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DocketRequest for Dismissal (Entire) - Comment: With prejudice As to Entire Case As to Cross Complaint McMillin Management Services LP
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- 12/23/2013
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DocketProof of Service - Summons / Complaint - Comment: AS TO MCMILLIN MANAGEMENT SERVICES, L.P. A CALIFORNIA LIMITED PARTNERSHIP SUB SERVICE 12/16/2013
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- 12/23/2013
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DocketProof of Service - Summons / Complaint - Comment: AS TO MCMILLAN TUSCANY LLC, A DELAWARE LIMITED LIABILITY COMPANY SUB SERVICE 12/16/2013
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- 11/05/2013
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DocketSummons Issued and Filed - Comment: LORI J. GUTHRIE, ESQ., COUNSEL FOR PLAINTIFFS
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- 10/09/2013
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DocketCONV - Comment: Amount of $1,000.00 for BRIGHT, MICHAEL (PL-1). Received from MICHAEL BRIGHT, check no(s) 305628. Receipt #742511 for amount of $1,000.00.
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- 10/09/2013
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Docket800Q Pmt: New Suit - Unlimited Civil GC 70611 (8/6/12) - Comment: Amount of $435.00 for BRIGHT, MICHAEL (PL-1). Received from MICHAEL BRIGHT, check no(s) 305627. Receipt #742510 for amount of $435.00.
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- 10/08/2013
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DocketRejection/Correction Notice - Comment: TO: LORI J. GUTHRIE VIA ACS RE: BRIGHT VS MCMILLIN TUSCANY LLC Case No. S-1500-CV-280439, LHB NOTICE OF REJECTION / REQUEST FOR CORRECTIONS X The attached SUMMONS papers are being returned for the following reason(s): X Summons does not conform to Complaint / Cross-Complaint. ANY CORRESPONDENCE REQUIRING AN ANSWER FROM THE COURT MUST BE ACCOMPANIED BY A STAMPED, SELF ADDRESSED ENVELOPE. Calendar Notes: TO: LORI J. GUTHRIE VIA ACS RE: BRIGHT VS MCMILLIN TUSCANY LLC Case No. S-1500-CV-280439, LHB NOTICE OF REJECTION / REQUEST FOR CORRECTIONS X The attached SUMMONS papers are being returned for the following reason(s): X Summons does not conform to Complaint / Cross-Complaint. ANY CORRESPONDENCE REQUIRING AN ANSWER FROM THE COURT MUST BE ACCOMPANIED BY A STAMPED, SELF ADDRESSED ENVELOPE.
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- 10/08/2013
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DocketOrder to Show Cause - Comment: NOTICE OF ORDER TO SHOW CAUSE RE: CALIFORNIA RULES OF COURT, RULE 3.110 TO PLAINTIFF AND PLAINTIFF'S COUNSEL: YOU ARE ORDERED TO APPEAR ON Jan 15, 2014 AT 8:30 AM IN DEPARTMENT_17 OF THE ABOVE ENTITLED COURT TO GIVE ANY LEGAL REASON WHY SANCTIONS SHALL NOT BE IMPOSED FOR FAILURE TO SERVE THE COMPLAINT ON ALL NAMED DEFENDANTS AND FILE PROOF(S) OF SERVICE WITH THE COURT WITHIN SIXTY (60) DAYS AFTER THE FILING OF THE COMPLAINT PURSUANT TO CALIFORNIA RULES OF COURT, RULE 3.110. ALL APPEARANCES ARE MANDATORY, UNLESS FIVE (5) COURT DAYS PRIOR TO HEARING DATE THE COURT HAS RECEIVED THE REQUIRED PROOF(S) OF SERVICE, THEN NO APPEARANCE IS NECESSARY. Calendar Notes: NOTICE OF ORDER TO SHOW CAUSE RE: CALIFORNIA RULES OF COURT, RULE 3.110 TO PLAINTIFF AND PLAINTIFF'S COUNSEL: YOU ARE ORDERED TO APPEAR ON Jan 15, 2014 AT 8:30 AM IN DEPARTMENT_17 OF THE ABOVE ENTITLED COURT TO GIVE ANY LEGAL REASON WHY SANCTIONS SHALL NOT BE IMPOSED FOR FAILURE TO SERVE THE COMPLAINT ON ALL NAMED DEFENDANTS AND FILE PROOF(S) OF SERVICE WITH THE COURT WITHIN SIXTY (60) DAYS AFTER THE FILING OF THE COMPLAINT PURSUANT TO CALIFORNIA RULES OF COURT, RULE 3.110. ALL APPEARANCES ARE MANDATORY, UNLESS FIVE (5) COURT DAYS PRIOR TO HEARING DATE THE COURT HAS RECEIVED THE REQUIRED PROOF(S) OF SERVICE, THEN NO APPEARANCE IS NECESSARY.
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- 10/08/2013
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DocketCONV - Comment: New case created by deputy: 145
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- 10/02/2013
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DocketCivil Case Cover Sheet (CM-010) - Comment: FILED BY LORI J. GUTHRIE
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- 10/02/2013
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DocketComplaint - Fast Track - Comment: FILED BY LORI J. GUTHRIE CMC SET 4/1/2014 @8:15AM DEPT 17
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Complaint Information
Envelope Details Page 1 of 3
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Case # S1500CV280439 - BRIGHT VS MCMILLIN TUSCANY LLC (Clark, Thomas S.)
% S1500CV280439
: BRIGHT VS MCMILLIN TUSCANY LLC ® Clark, Thomas S.
. Nora Boardman
: Law Offices of John A. Hauser
Robert T Defilippis E §5.15
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF KERN COUNTY SUPERIOR COURT
MICHAEL BRIGHT, et al., )} CASE NO. S-1500-CV-280439-LHB ) Plaintiffs, ) CROSS-DEFENDANT, JORGE ) DIAZ,ROE 7, ANSWER TO vs. ) CROSS-COMPLAINT OF ) MCMILLIN TUSCANY, LLC,ET McMILLIN TUSCANY, LLC, et al,, ) AL. ) Defendants. ) JUDGE: HON. THOMAS S. CLARK ) DEPT: DEPT: 17 AND ALL RELATED CROSS ACTIONS. ) ) Date Action Filed: Trial Date:
COMES NOW, Cross-Defendant, JORGE DIAZ, ROE 7 (hereinafter “cross-defendant™), and answers the unverified Cross-Complaint of MCMILLIN TUSCANY, LLC, ET AL. (hereinafter “cross-complainants”™), by alleging as follows:
1. Pursuant to Section 431.30 of the California Code of Civil Procedure, this cross- defendant denies each and every material allegation contained in the Cross-Complaint, and further specifically denies the cross-complainants have been damaged in the sum or sums alleged, or in any other sum or sums or at all, by any action or omission on the part of this
answering cross-defendant.
answering cross-defendant. Calvin R. Stead, Esq.; SBN 129358 BORTON PETRINI, LLP
Calvin R. Stead, Esq.; SBN 129358 BORTON PETRINI, LLP
5060 California Avenue, Suite 700 Post Office Box 2026
Bakersfield, California 93303-2026 Tel: (661) 322-3051
Fax: (661) 322-4628 cstead@bortonpetrini.com
Attomneys for MCMILLIN TUSCANY LLC, a Delaware Limited Liability Company, MCMILLIN TUSCANY VILLAS LLC, MCMILLIN PORTOLA, LLC, a Delaware Limited Liability Company, MCMILLIN, VENECIA, LLC, a Delaware Limited Liability Company, MCMILLIN MANAGEMENT SERVICES, LP., a California Limited Partnership, CORKY MCMILLIN CONSTRUCTION SERVICES, INC., a California Corporation, CENTRAL VALLEY RESIDENTIAL BUILDERS, L.P, a California Limited Partnership, BAKERSFIELD RESIDENTIAL BUILDERS, L.P., a California Limited Partnership
O 66 ~1 O W b W N
— b e N e O
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF KERN, METROPOLITAN DIVISION MICHAEL BRIGHT, an individual, et al., Case No. Case No. S-1500-CV-280439-LHB Plaintiffs, AMENDMENT TO CROSS-COMPLAINT
NAMING ROE 7 AS JORGE DIAZ AND [PROPOSED] ORDER
—_— N W
MCMILLIN TUSCANY LLC, a Delaware Limited Liability Company, et al.,
Defendants.
& 8 = I
AND RELATED CROSS-ACTIONS.
K O /11 270111 284711/
R\Public\0557 '
60068341 - 1 D S
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