This case was last updated from Kern County Superior Courts on 03/29/2020 at 08:59:59 (UTC).

TUSCANY HOMEOWNERS ASSOCIATION VS MCMILLIN TUSCANY

Case Summary

On 11/22/2013 TUSCANY HOMEOWNERS ASSOCIATION filed a Property - Other Real Property lawsuit against MCMILLIN TUSCANY. This case was filed in Kern County Superior Courts, Metropolitan Branch located in Kern, California. The Judges overseeing this case are Lampe, David R. and Brumfield, Lorna H.. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *********0784

  • Filing Date:

    11/22/2013

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Property - Other Real Property

  • Court:

    Kern County Superior Courts

  • Courthouse:

    Metropolitan Branch

  • County, State:

    Kern, California

Judge Details

Judges

Lampe, David R.

Brumfield, Lorna H.

 

Party Details

Plaintiff

TUSCANY HOMEOWNERS ASSOCIATION

Defendants

MCMILLIN TUSCANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY

MCMILLIN MANAGEMENT SERVICES L.P. A LIMITED PARTNERSHIP

MCMILLIN HOMES CONSTRUCTION, INC. A CORPORATION

Cross Plaintiff and Cross Defendant

KERN PACIFIC CONSTRUCTION COMPANY

Cross Defendants

C & F MASONRY, INC.

KERN PACIFIC CONSTRUCTION COMPANY

BURTCH TRUCKING, INC

KLEEN WORX

THOMAS, DANIEL C

T.D. WHITTON CONSTRUCTION INC A CALIFORNIA CORPORATION

THOMAS, DANNY CHARLES

CENTURY LANDSCAPE, INC.

WOOD, TRISHA LYNNETTE

PEREZ CONSTRUCTION

BAKERSFIELD CONCRETE & CONSTRUCTION

COFER & OBERLIES, INC., A CALIFORNIA CORPORATION

BOWMAN ASPHALT, INC.

WITCHER ELECTRIC, INC.

RUBENS PIPELINE

SANDOVAL, LUCERO

Attorney/Law Firm Details

Plaintiff Attorney

WHITTINGTON, MICHAEL T

10000 Stockdale Hwy #380

Bakersfield, CA 93311

Defendant Attorney

HOLMES, KYLE W

Cross Defendant Attorneys

BROWN, GREGORY H

ZEPEDA, MONICA M

TERCERO, NAPOLEON G, III

AU, PATRICK

CRAWFORD, DAVID

PEEL, JAMES W

HEATH, STEPHEN B

PARKER, JAMES C

GONZALEZ, SCOTT M

Other Attorneys

MILLER, STACEY A

RODMAN, JORDAN A

YUEN, STEVEN W.

ARABI, ARASH S

BEEMER, JOHN M.

PARSA, MOHSEN

CRESPO, DANIEL A

COLLADO, CLEVE BAUTISTA

JEFFERY, MONA J

 

Court Documents

Rejection/Correction Notice

Rejection/Correction Notice: Comment: Request for Dismissal rejected: 1.) Please specify on the form which cross complaint filed by McMillin Tuscany, LLC on 4/2/2015. 2.) Name of party dismissing does not conform to First Amended Cross-complaint filed on 4/2/2015. Returned via e-file

Electronic Rejection Notice

Electronic Rejection Notice: Comment: Amendments must be approved and signed by a Judicial Officer. Please resubmit with a designated area for Judge to sign.

Motion to Compel Further Discovery Responses

Motion to Compel Further Discovery Responses 11/15/2017: Judicial Officer: Lampe, David R.; Hearing Time: 8:30 AM; Result: Held; Comment: 10/10/17 Cross-Defendant, SHAFFS CONSTRUCTION dba GOLDEN CONSTRUCTION AND EXCAVATION Motion to Compel Further Verified Responses to Request for Production Of Documents, Set One, and Motion to Compel Compliance for Failing to Produce Responsive Documents ResID: 27050

Electronic Rejection Notice

Electronic Rejection Notice: Comment: ANSWER: DUPLICATE FILING. ANSWER TO COMPLAINT IN INTERVENTION PREVIOUSLY FILED ON 4/12/17.

Electronic Rejection Notice

Electronic Rejection Notice: Comment: Substitution of attorney rejected in File and Serve

Motion (Pre-Disposition)

MO: Motion to Intervene 09/15/2016: Judicial Officer: Lampe, David R.; Hearing Time: 8:30 AM; Result: Held; Comment: Plaintiffs in Intervention, Travelers Property Casualty Company of America and the Travelers Indemnity Company of Connecticut's Motion to Intervene; Parties Present Plaintiff; Attorney: WHITTINGTON, MICHAEL T; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R

Ruling

**MO w/Declaration of Mailing: Hearing Time: 8:00 AM; Result: Ruling

Further Case Management Conference

06/06/16- M.O. FURTHER CASE MANAGEMENT CONFERENCE: Judicial Officer: Lampe, David R.; Hearing Time: 8:30 AM; Result: Held; Parties Present Plaintiff; Attorney: WHITTINGTON, MICHAEL T

Further Case Management Conference

06/08/15 - FURTHER CASE MANAGEMENT CONFERENCE: Judicial Officer: Lampe, David R.; Hearing Time: 8:30 AM; Result: Held; Comment: CONT'D FROM 5/4/15 FOR COUNSEL TO RESOLVE ISSUES AS TO SPECIAL MASTER; Parties Present Plaintiff; Attorney: WHITTINGTON, MICHAEL T; Defendant; Attorney: HOLMES, KYLE W; Defendant; Attorney: HOLMES, KYLE W; Defendant; Attorney: HOLMES, KYLE W; Defendant; Attorney: HOLMES, KYLE W; Cross Complainant; Attorney: HOLMES, KYLE W; Cross Complainant; Attorney: HOLMES, KYLE W; Cross Complainant; Attorney: HOLMES, KYLE W; Cross Complainant; Attorney: HOLMES, KYLE W; Cross Defendant; Attorney: MALCOLM, STACEY L

Mandatory Settlement Conference

Mandatory Settlement Conference 10/30/2017: Judicial Officer: Lampe, David R.; Hearing Time: 09:30 AM; Result: Held

Further Case Management Conference

12/12/16 - M.O. FURTHER CASE MANAGEMENT CONFERENCE: Judicial Officer: Lampe, David R.; Hearing Time: 8:30 AM; Result: Held; Parties Present Plaintiff; Attorney: WHITTINGTON, MICHAEL T; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Cross Defendant; Attorney: MALCOLM, STACEY L; Cross Defendant; Attorney: CRAWFORD, DAVID; Cross Defendant; Attorney: MILLER, STACEY A; Cross Defendant; Attorney: TERCERO, NAPOLEON G, III; Cross Defendant; Attorney: CRAWFORD, DAVID; Cross Defendant; Attorney: TERCERO, NAPOLEON G, III; Cross Defendant; Attorney: TERCERO, NAPOLEON G, III

Ruling

Ruling: Hearing Time: 11:00 AM; Result: Ruling

Further Case Management Conference

Further Case Management Conference 09/12/2016: Judicial Officer: Lampe, David R.; Hearing Time: 8:30 AM; Result: Continued - Court's Motion Hearing; Parties Present Plaintiff; Attorney: WHITTINGTON, MICHAEL T; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Cross Defendant; Attorney: ZEPEDA, MONICA M; Cross Defendant; Attorney: MALCOLM, STACEY L; Cross Defendant; Attorney: CRAWFORD, DAVID; Cross Defendant; Attorney: ZEPEDA, MONICA M; Cross Defendant; Attorney: TERCERO, NAPOLEON G, III; Cross Defendant; Attorney: CRAWFORD, DAVID; Cross Defendant; Attorney: TERCERO, NAPOLEON G, III; Cross Defendant; Attorney: TERCERO, NAPOLEON G, III

Motion (Pre-Disposition)

Motion (Pre-Disposition) 09/01/2016: Judicial Officer: Lampe, David R.; Hearing Time: 8:30 AM; Result: Continued - Party's Motion Hearing; Comment: Filed 7/27/16, by Plaintiffs in Intervention, Travelers Property Casualty Company of America and the Travelers Indemnity Company of Connecticut. Motion to Intervene. ResID: 17540; Parties Present Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Cross Defendant; Attorney: MALCOLM, STACEY L

Further Case Management Conference

03/07/16 - M.O. FURTHER CASE MANAGEMENT CONFERENCE: Judicial Officer: Lampe, David R.; Hearing Time: 8:30 AM; Result: Held; Comment: (cont'd from 9/14/2015); Parties Present Plaintiff; Attorney: WHITTINGTON, MICHAEL T; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Cross Defendant; Attorney: BROWN, GREGORY H; Cross Defendant; Attorney: BROWN, GREGORY H; Cross Defendant; Attorney: MALCOLM, STACEY L; Cross Defendant; Attorney: MILLER, STACEY A; Cross Defendant; Attorney: BROWN, GREGORY H; Cross Defendant; Attorney: BROWN, GREGORY H; Cross Defendant; Attorney: BROWN, GREGORY H; Cross Defendant; Attorney: BROWN, GREGORY H; Cross Defendant; Attorney: BROWN, GREGORY H

Further Case Management Conference

9/14/15 Minute Order - Further Case Management Conference: Judicial Officer: Lampe, David R.; Hearing Time: 8:30 AM; Result: Held; Parties Present Plaintiff; Attorney: WHITTINGTON, MICHAEL T; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Defendant; Attorney: STEAD, CALVIN R; Cross Defendant; Attorney: MALCOLM, STACEY L

Ruling

07/08/2015 - RULING: Judicial Officer: Lampe, David R.; Hearing Time: 04:00 PM; Result: Ruling

Motion to Determine Good Faith Settlement

06/15/2015 - MOTION TO DETERMINE GOOD FAITH SETTLEMENT: Judicial Officer: Lampe, David R.; Hearing Time: 8:30 AM; Result: Held; Comment: 5/18/15 Cross-Defendants; McKenna's Curb and Gutter Co., Inc Motion for Determination of Good Faith Settlement of Mckenna's Curb and Gutter Co., Inc.; Parties Present Plaintiff; Attorney: WHITTINGTON, MICHAEL T; Defendant; Attorney: HOLMES, KYLE W; Defendant; Attorney: HOLMES, KYLE W; Defendant; Attorney: HOLMES, KYLE W; Defendant; Attorney: HOLMES, KYLE W; Cross Complainant; Attorney: HOLMES, KYLE W; Cross Complainant; Attorney: HOLMES, KYLE W; Cross Complainant; Attorney: HOLMES, KYLE W; Cross Complainant; Attorney: HOLMES, KYLE W; Cross Defendant; Attorney: MILLER, STACEY A

29 More Documents Available

 

Docket Entries

  • 07/01/2019
  • DocketNotice of Entry of Dismissal - Comment: and proof of service

    Read MoreRead Less
  • 07/01/2019
  • DocketRequest for Dismissal (Partial) - Comment: with prejudice as to cross-defendant LANDSCAPE DEVELOPMENT, INC., A CALIFORNIA CORPORATION

    Read MoreRead Less
  • 05/02/2019
  • DispositionDiposition: Judgment - Judicial Officer: Lampe, David R.; Judgment Type: Dismissal-Other Court-Ordered Dism Before Trial (CL/CV)

    Read MoreRead Less
  • 05/02/2019
  • DocketOrder Dismissing (Part) - Judicial Officer: Lampe, David R.; Comment: Cross-Complaint The above-entitled cause came on regularly on April 29, 2019, in Department/Division 11 before the Honorable David R. Lampe, pursuant to an Order to Appear to Show Cause Why this matter should not be dismissed With prejudice pursuant to California Rules of Court, Rule 3.1385. Good cause appearing therefore, on the Court's own motion, it is by the Court Ordered, Adjudged and Decreed that the cross-complaint filed by Bakersfield Residential Builders LLC a Limited Liability Company, Mcmillin Homes Construction Inc. a Corporation, Mcmillin Management Services LP a Limited Partnership and Mcmillin Tuscany LLC a Delaware Limited Liability Company is HEREBY DISMISSED WITHOUT PREJUDICE

    Read MoreRead Less
  • 04/29/2019
  • View Court Documents
  • DocketOrder to Show Cause in re: Dismissal - Order to Show Cause in re: Dismissal 04/29/2019: Judicial Officer: Lampe, David R.; Hearing Time: 8:30 AM; Result: Held; Comment: osc re: dismissal of cross-complaint cont'd from 03/25/19

    Read MoreRead Less
  • 04/09/2019
  • DocketNotice of Entry of Dismissal - Comment: and proof of service as to Shaff's Construction dba Golden Construction

    Read MoreRead Less
  • 04/03/2019
  • DocketRequest for Dismissal (Partial) - Comment: with prejudice as to Cross-Defendant Shaffs Construction dba Golden Construction and Excavation

    Read MoreRead Less
  • 03/25/2019
  • View Court Documents
  • DocketOrder to Show Cause in re: Dismissal - Order to Show Cause in re: Dismissal 03/25/2019: Judicial Officer: Lampe, David R.; Hearing Time: 8:30 AM; Result: Held; Comment: OSC RE: DISMISSAL OF CROSS-COMPLAINT

    Read MoreRead Less
  • 03/25/2019
  • DocketOrder to Show Cause in re: Dismissal - Judicial Officer: Lampe, David R.; Hearing Time: 8:30 AM; Cancel Reason: Dismissal Filed; Comment: OSC RE: DISMISSAL OF COMPLAINT IN INTERVENTION WITHOUT PREJUDICE

    Read MoreRead Less
  • 03/18/2019
  • DocketNotice of Entry of Dismissal - Comment: as to Fenceworks dba Golden State Fence Co.

    Read MoreRead Less
688 More Docket Entries
  • 03/10/2014
  • DocketOrder to Show Cause - CRC 3.110 - Original Type: Order to Show Cause - CRC 3.110; Judicial Officer: Brumfield, Lorna H.; Hearing Time: 08:30 AM; Result: CONV; Comment:

    Read MoreRead Less
  • 01/25/2014
  • Docket839 Pmt: Fax Filing Fees CRC 2006 - Comment: Amount of $8.00 for TUSCANY HOMEOWNERS ASSOCIATION (PL-1). Received from MICHAEL T. WHITTINGTON. Receipt #759989 for amount of $448.00.

    Read MoreRead Less
  • 01/25/2014
  • Docket134A Pmt: Photocopy GC 70627(A) EFF 1/1/06 - Comment: Amount of $5.00 for TUSCANY HOMEOWNERS ASSOCIATION (PL-1). Received from MICHAEL T. WHITTINGTON. Receipt #759989 for amount of $448.00.

    Read MoreRead Less
  • 01/25/2014
  • Docket800Q Pmt: New Suit - Unlimited Civil GC 70611 (8/6/12) - Comment: Amount of $435.00 for TUSCANY HOMEOWNERS ASSOCIATION (PL-1). Received from MICHAEL T. WHITTINGTON. Receipt #759989 for amount of $448.00.

    Read MoreRead Less
  • 11/27/2013
  • DocketSummons Issued and Filed - Comment: RETURNED VIA US MAIL, POSTAGE PREPAID

    Read MoreRead Less
  • 11/27/2013
  • 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 Mar 10, 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 Mar 10, 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.

    Read MoreRead Less
  • 11/25/2013
  • DocketCONV - Comment: New case created by deputy: 535

    Read MoreRead Less
  • 11/22/2013
  • DocketCivil Case Cover Sheet (CM-010) - Comment: FILED BY MICHAEL T. WHITTINGTON

    Read MoreRead Less
  • 11/22/2013
  • DocketComplaint - Fast Track - Comment: FILED BY MICHAEL T. WHITTINGTON CMC SET 5/21/14 @8:15AM DEPT 17

    Read MoreRead Less
  • 11/22/2013
  • DocketElectronically Faxed Document(s) Received - Comment: EFAX: Accepted Confirmation: S1500CV280784_131125_091305 SUMMONS COMPLAINT CIVIL CASE COVER SHEET eFax document: FAX-16453.PDF

    Read MoreRead Less

Complaint Information

Envelope Details Page 1 of 2 !

Print this page

Case # S1500CV280784 - TUSCANY HOMEOWNERS ASSOCIATION VS MCMILLIN TUSCANY (Lampe, David

mn - Bakersfield-Civil