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
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Case Number:
*********0784
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Filing Date:
11/22/2013
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Case Status:
Disposed - Dismissed
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Court:
Kern County Superior Courts
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Courthouse:
Metropolitan Branch
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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: 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: 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 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: Comment: ANSWER: DUPLICATE FILING. ANSWER TO COMPLAINT IN INTERVENTION PREVIOUSLY FILED ON 4/12/17.
Electronic Rejection Notice: Comment: Substitution of attorney rejected in File and Serve
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
**MO w/Declaration of Mailing: Hearing Time: 8:00 AM; Result: Ruling
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
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 10/30/2017: Judicial Officer: Lampe, David R.; Hearing Time: 09:30 AM; Result: Held
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: Hearing Time: 11:00 AM; Result: Ruling
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) 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
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
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
07/08/2015 - RULING: Judicial Officer: Lampe, David R.; Hearing Time: 04:00 PM; Result: Ruling
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
Docket Entries
- 07/01/2019
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DocketNotice of Entry of Dismissal - Comment: and proof of service
- 07/01/2019
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DocketRequest for Dismissal (Partial) - Comment: with prejudice as to cross-defendant LANDSCAPE DEVELOPMENT, INC., A CALIFORNIA CORPORATION
- 05/02/2019
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DispositionDiposition: Judgment - Judicial Officer: Lampe, David R.; Judgment Type: Dismissal-Other Court-Ordered Dism Before Trial (CL/CV)
- 05/02/2019
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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
- 04/29/2019
- View Court Documents
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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
- 04/09/2019
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DocketNotice of Entry of Dismissal - Comment: and proof of service as to Shaff's Construction dba Golden Construction
- 04/03/2019
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DocketRequest for Dismissal (Partial) - Comment: with prejudice as to Cross-Defendant Shaffs Construction dba Golden Construction and Excavation
- 03/25/2019
- View Court Documents
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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
- 03/25/2019
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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
- 03/18/2019
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DocketNotice of Entry of Dismissal - Comment: as to Fenceworks dba Golden State Fence Co.
- 03/10/2014
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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:
- 01/25/2014
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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.
- 01/25/2014
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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.
- 01/25/2014
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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.
- 11/27/2013
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DocketSummons Issued and Filed - Comment: RETURNED VIA US MAIL, POSTAGE PREPAID
- 11/27/2013
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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 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.
- 11/25/2013
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DocketCONV - Comment: New case created by deputy: 535
- 11/22/2013
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DocketCivil Case Cover Sheet (CM-010) - Comment: FILED BY MICHAEL T. WHITTINGTON
- 11/22/2013
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DocketComplaint - Fast Track - Comment: FILED BY MICHAEL T. WHITTINGTON CMC SET 5/21/14 @8:15AM DEPT 17
- 11/22/2013
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DocketElectronically Faxed Document(s) Received - Comment: EFAX: Accepted Confirmation: S1500CV280784_131125_091305 SUMMONS COMPLAINT CIVIL CASE COVER SHEET eFax document: FAX-16453.PDF
Complaint Information
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Case # S1500CV280784 - TUSCANY HOMEOWNERS ASSOCIATION VS MCMILLIN TUSCANY (Lampe, David
mn - Bakersfield-Civil
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