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Photo of Kern Co Non Criminal Court

Court

Kern Co Non Criminal Court

California

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Case Information

Filed 2022-04-22
Status View Document Conference 10/20/2023
Type 10 Cv Construction Defect Civil Unlimited
Docket 194 entries
Photo of Hon. Clark, Thomas S.|Brumfield, Lorna H.|Chapin, Sidney P.

Judge

Hon. Clark, Thomas S.|Brumfield, Lorna H.|Chapin, Sidney P.

Kern County (CA)

California

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Docket Entries

  1. View Document Rejection/Correction Notice Comment To: Jeffrey T. Belton Re: Summons Reason: "See Attachment" on Summons form is not acceptable. Please resubmit naming at least one plantiff in designated area.
  2. View Document Notice of OSC re 3.110 (N20) Comment Re: 3.110 Hearing Date: 01/15/2019 Hearing Time: 8:30 AM Hearing Department/Division: 17
  3. Comment Returned Via E File
  4. Served 11/17/20182:20 PM Served 11/17/20182:20 PM Served 03/18/20222:15 PM Served 03/18/20222:15 PM
  5. View Document Electronic Rejection Notice Comment To: Jeffrey T. Belton Re: Proof of Service Name listed on 3.a. and 6.d. does not conform to complaint.
  6. View Document Electronic Rejection Notice Comment TO: Jeffrey Belton Re: Proof of Service Name listed on 3.a. and 6.d. does not conform to complaint.
  7. Comment As to Gateway Housing, LLC, A California Limited Liability Company, Personal Service
  8. Comment As to Oriole Homes, Inc., A California Corporation, Personal Service
  9. View Document Notice of OSC re 3.110 (N20) Judicial Officer Clark, Thomas S. Hearing Time 8:30 AM Cancel Reason Proof Of Service Filed
  10. Comment 1b does not conform to Complaint
  11. Comment 1b does not conform to Complaint
  12. Judicial Officer Clark, Thomas S. Comment Extension granted- Document chekced above shall be filed not later than 3/14/2019.
  13. View Document Electronic Rejection Notice Comment To: Andrew Sheffield Re: Answer to Complaint, The names of the parties must conform throughout the entire document. Both parties are listed two different ways in the Caption and in the body of the document. Please correct and resubmit. Thank you.
  14. Comment By Gateway Housing, LLC, A California Limited Liability Company and Oriole Homes, Inc., A California Corporation
  15. Comment **PAID** As to Gateway Housing, LLC, A California Limited Liability Company ($1000.00 Complex Fees)
  16. Comment **PAID** As to Oriole Homes, Inc., A California Corporation ($1000.00 Complex Fee)
  17. View Document Case Management Conference 04/02/2019 Judicial Officer Clark, Thomas S. Hearing Time 8:15 AM Result Held
  18. View Document Case Management Conference 04/02/2019 View Document Case Management Conference 07/16/2019 Judicial Officer Clark, Thomas S. Hearing Time 8:15 AM Result Held Comment continued from 04/02/2019
  19. Judicial Officer Clark, Thomas S. Comment Re: Temporary Stay of Litigation and Filing of Plaintiffs' First Amended Complaint Pursuant to the Stipulation of Counsel, and for good cause shown, the Court Orders as follows: 1. Plaintiffs shall file a FAC within 21 days of this Order. 2. Litigation and trial of this Action shall be stayed for 120 days and the five year period to bring the Action to trial is tolled while the stay is in effect pursuant to Code of Civil Proc, 583.340(b). IT IS SO ORDERED
  20. View Document Case Management Conference 07/16/2019 View Document Case Status Conference 11/15/2019 Judicial Officer Clark, Thomas S. Hearing Time 8:15 AM Result Held Comment STIPULAITON TO TEMPORARY STAY MATTER FILED 7/17/19
  21. Judicial Officer Clark, Thomas S. Comment Extending Temporary Stay of Litigation and Filing of Plaintiffs' First Amended Complaint. Pursuant to the Stipulation of counsel, and for good cause shown, the Court orders as follows: 1. Litigation and trial of this Action shall be stayed until November 23, 2020 and the five year period to bring the Action to trial is tolled while the stay is in effect pursuant to Code of Civil Procedure section 583.340(b). IT IS SO ORDERED.
  22. Judicial Officer Clark, Thomas S. Comment Extension Granted-Case Status Conference reset for 11/12/2020 at 8:15 a.m., in Department 17.
  23. Comment Case Status Conference Date: 11/12/2020 Time: 8:15 AM Department: 17
  24. Comment CERTIFICATE OF PROGRESS
  25. Judicial Officer Clark, Thomas S. Comment Extension Granted-Case Management Conference reset for 03/10/2021 at 8:15 am in Department 17.
  26. Comment Case Management Conference Date: 03/10/2021 Time: 8:15 AM Department: 17
  27. View Document Electronic Rejection Notice Comment To: Jeffrey Belton Re: Certificate of Progress Reason: There is no place for the Judge to sign and date. Please correct and resubmit. Thank you.
  28. Judicial Officer Clark, Thomas S. Comment Extension Granted-Case Management Conference reset to 06/18/2021 at 8:15 a.m., in Department 17.
  29. Comment Former Attorney: Andrew K. Sheffield New Attorney: Matthew Yarling
  30. Comment Former Attorney: Andrew K. Sheffield New Attorney: Matthew Yarling
  31. Comment Joint Certificate of Progress
  32. Comment Case Management Statement
  33. View Document Case Status Conference 11/15/2019 View Document Case Management Conference 06/18/2021 Judicial Officer Clark, Thomas S. Hearing Time 8:15 AM Result Continued - Party's Motion Hearing Comment CASE REMAINS STAYED. (SINCE 07/17/2019) *** continued from 05/15/2020 per Standing Order ***
  34. Judicial Officer Clark, Thomas S. Comment Stipulation and Order to Appoint Special Master, Submit Plaintiffs' Claims to Mediation and Extend Stay 1. Plaintiffs' claims against GATEWAY HOUSING, LLC, a California Limited Liability Company and ORIOLE HOMES, INC., a California Corporation shall be submitted to mediation; 2. Peter Decker is appointed as the Mediator/Special Master; 3. In the event the mediation process is not successful in resolving the dispute, GATEWAY shall retain its rights under SBSOO. Plaintiffs shall likewise retain the right to challenge the enforceability of GATEWAY'S contractual provisions; 4. Litigation and trial of this Action, which has been stayed since July 17, 2019, shall remain stayed while the Parties are engaging in the mediation process. The five year period to bring the Action to trial is tolled while the stay is in effect pursuant to Code of Civ. Proc. 583.340(b); 5. With the assistance of the Special Master, Plaintiffs and GATEWAY shall prepare and submit a Case Management Order to govern the exchange of information, the inspection of homes, destructive testing, and the scheduling of mediations and settlement conferences; 6. Every 180 days the parties or the Special Master shall submit a status report to the Court.
  35. Comment of Defendants Case Management Statement
  36. Comment Joint
  37. View Document Further Case Management Conference 09/16/2021 Judicial Officer Clark, Thomas S. Hearing Time 8:15 AM Result Held Comment CASE REMAINS STAYED. (SINCE 07/17/2019)
  38. Comment re: Answer to First Amended Complaint
  39. Comment Cross Complaint (No Fee)
  40. Comment Proof of Service
  41. View Document Rejection/Correction Notice Comment Summons on Cross Complaint
  42. Comment and filed for Gateway Housing, LLC and Oriole Homes, Inc.'s CROSS-COMPLAINT
  43. Cross Action Cross-Complaint File Date 10/22/2021
  44. Judicial Officer Bradshaw, J. Eric Comment Re: Filing of Amendment to First Amended Complaint ORDER: Pursuant to the Stipulation of counsel, and for good cause shown, the Court orders as follows: 1. Plaintiffs shall file an Amendment to the FAC within 21 days of this Order. IT IS SO ORDERED.
  45. Comment Joint Status Report
  46. Comment Amendment to First Amended Complaint for Damages Pursuant to the Stipulation and Order executed by the court on December 21, 2021 , Plaintiffs GERARDO M. GARCIA ET AL., amend the First Amended Complaint in this action as follows: 1. In the caption ofthe First Amended Complaint, add the following Plaintiffs: PAUL & AMY CHURGIN, CHANEDRELLE & JUN DALOG, PATROCINIO & SAUL DE LA CUEVA, SAUL GARCM JR, LELAND JACKSON & DEANDREA WRIGHT, YAJAIRA MARQUEZ & ANGEL SOSA, AVELINO OROZCO, and MARCO RIVERA. 2. At page 4, line 23, add the following table of ORIGINAL-PURCHASER PLAINTIFF names and addresses to the First Amended Complaint for Damages: Churgin Paul & Amy 5 l 9 Aussie Ave. Dalog Chanedrelle & Jun 517 Kingscross Ave. De La Cueva Patrocinio & Saul 600 Aussie Ave. Jackson & Deandrea Wright Leland 6104 Walkabout Dr. Marquez & Angel Sosa Yajaira 5 15 Aussie Ave. Rivera Marco 508 Kingscross Ave. 3. At page 5, line 3, add the following table of SUBSEQUENT-PURCHASER PLAINTIFF names and addresses to the First Amended Complaint for Damages: Garcia, Jr Saul 706 Aussie Ave. Orozco Avelino 5 1 8 Aussie Ave.
  47. Comment as to Western Floor Covering, Cross Complaint, via sub service
  48. Comment as to Grijalva Contractors, Cross Complaint, via sub service
  49. Comment as to Mike's Fencing Inc, Cross Complaint, via sub service
  50. Comment as to Amparano Roofing, Cross Complaint, via personal service
  51. Comment as to Broken Drum Insulation of Bakersfield Inc, Cross Complaint, via personal service
  52. Comment as to Kenyon Plastering, Cross Complaint, via personal service
  53. Comment as to 84 Lumbar, Cross Complaint, via personal service
  54. Comment as to Cabinet Connection, Cross Complaint, via sub service
  55. View Document Rejection/Correction Notice Comment Proof of Service, Cross Complaint
  56. View Document Further Case Management Conference 09/16/2021 View Document Case Status Conference 01/14/2022 Judicial Officer Clark, Thomas S. Hearing Time 8:15 AM Result Held Comment continued from 09/16/2021 - STAY EFFECTIVE SINCE 07/17/2019
  57. Comment Kenyon's Special Answer to Complaint
  58. Comment Cross-Complaint of Gateway Housihng LLC and Oriole Homes Inc
  59. Comment ***PAID***PAID***PAID*** $1000 Complex Case Fee; Answer filed 1/14/2022
  60. View Document Rejection/Correction Notice Comment re; Proof of Service
  61. Comment CROSS-COMPLAINT OF GATEWAY HOUSING, LLC and ORIOLE HOMES, INC.
  62. View Document Rejection/Correction Notice Comment re; Proof of Service x 6
  63. Comment Cross-Complaint as to Ramirez Concrete Construction, via sub service
  64. Comment Cross-Complaint, as to Geneau Granite Tile, via personal service
  65. Comment Cross-Complaint, as to Arthur Allen Air Inc, via sub service
  66. Comment Cross-Complaint, as to Central Valley Overhead Doors, via personal service
  67. Comment Cross-Complaint, as to David Wood Plumbing, via sub service
  68. Comment Cross-Complaint, as to Star Electric, via sub service
  69. Comment for Order to Allow Service on the California Secretary State on behalf of Olguin Cabinet Installations, Inc.; Declaration of John O. Mersereau in Support Thereof
  70. Comment of Application and Order to Allow Service on the California Secretary of State on behalf of Olguin Cabinet Installations, Inc.
  71. Comment for Order to Allow Service on the California Secretary State on behalf of Central Air Conditioning, Inc.; Declaration of John O. Mersereau in Support Thereof
  72. Comment of Application and Order for Service on the California Secretary of State on behalf of Central Air Conditioning, Inc.
  73. Judicial Officer Clark, Thomas S. Comment to Allow Service on the California Secretary of State on behalf of Olguin Cabinet Installations, Inc.
  74. Judicial Officer Clark, Thomas S. Comment to Allow Service on the CA Secretary of State on behalf of Central Air Conditioning
  75. Comment as to CA Secretary of State on behalf of Olguin Cabinet Installations, Inc., via personal service
  76. Comment as to CA Secretary of State on behalf of Central Air Conditioning, Inc., via personal service
  77. Comment Ramirez Concrete Construction's Answer to Cross-Complaint of Gateway Housing LLC & Oriole Homes Inc.
  78. Comment Answer to Cross-Complaint of Gateway Housling LLC and Oriole Homes Inc
  79. Comment Answer to Cross-Complaint of Gateway Housling LLC and Oriole Homes Inc
  80. Comment Answer to Cross-Complaint of Gateway Housing LLC and Oriole Homes Inc
  81. Comment of (Proposed) Case Management Order
  82. Comment of Gateway Housing LLC and Oriole Homes Inc
  83. View Document Rejection/Correction Notice Comment Answer to Cross Complaint; Duplicate Filing Received
  84. Judicial Officer Clark, Thomas S.
  85. Comment OF GATEWAY HOUSING, LLC AND ORIOLE HOMES
  86. Comment ***PAID*** Answer to Cross Complaint filed 4/14/2022; $1435
  87. Comment Answer to Cross-Complaint of Gateway Housong LLC and Oriole Homes Inc- $435.00 (Answers)
  88. Comment Cross Complaint (No Fee) (Comment)
  89. Comment Summons on Cross Complaint
  90. Cross Action Cross-Complaint File Date 04/22/2022
  91. Comment **PAID*** Answer to Cross Complaint filed 4/22/2022; $1000 Complex Case Fee
  92. Comment SECOND Amendment to First Amended Complaint Clarifying Plaintiffs Properties
  93. Comment CROSS-COMPLAINT OF GATEWAY HOUSING, LLC and ORIOLE HOMES, INC.; REQUEST FOR JURY TRIAL
  94. Comment Cross-Defendant's Notice of Jury Deposit
  95. View Document Rejection/Correction Notice Comment Notice of Complex Litigation Payment; Fees Paid on 5/3/2022
  96. Comment ANSWER TO CROSS-COMPLAINT OF GATEWAY HOUSING, LLC AND ORIOLE HOMES, INC.
  97. Comment for Order to Allow Service on the CA Secretary State on behalf of Sean Todd Company Inc.
  98. Comment Application and Order Allowing Service on CA Secretary of State on behalf of Sean Todd
  99. Judicial Officer Clark, Thomas S. Comment to allow service on the California Secretary of State on behalf of Sean Todd Company, Inc.
  100. Comment as to Sean Todd Company Inc., Cross-Complaint, via personal service
  101. Comment of Change of Handling Attorney
  102. Comment of Gateway Housing LLC and Oriole Homes Inc.
  103. View Document Rejection/Correction Notice Comment re: Cross Defendant's Case Management Statement; the court address is incorrect
  104. View Document Rejection/Correction Notice Comment re: Cross Defendant, 84 Lumber Company, Case Management Statement- court address is incorrect; all parties who've appeared in case were not served, per the attached Proof of Service; #20 lists an incorrect amount of pages attached. AND Notice of Jury Deposit- all parties who've appeared in case were not served, per the attached Proof of Service
  105. Comment BROKEN DRUM OF BAKERSFIELD, INC.???S ANSWER TO GATEWAY HOUSING, LLC???S AND ORIOLE HOMES, INC.???S CROSS-C
  106. Comment for Cross Defendants: ARTHUR ALLEN AIR, INC., CENTRAL VALLEY OVERHEAD DOOR, INC.; STAR KERN, INC. dba STAR ELECTRIC; MIKE S FENCING, INC.
  107. Comment for defendants/cross complainants, GATEWAY HOUSING, LLC, a California Limited Liability Company and ORIOLE HOMES, INC., a California Corporation
  108. Comment for the 07/07/22 CMS of defendants/cross complainants, GATEWAY HOUSING, LLC, a California Limited Liability Company and ORIOLE HOMES, INC., a California Corporation
  109. Comment ***Paid*** Answer to Cross Complaint filed 7/7/2022;$1000 Complex Case Fee
  110. View Document Rejection/Correction Notice Comment RE: Case Management Statement for Cross Complainant/Cross Defendant, Grijalva Contractors REASON: 1) Outdated Case Management Statement form CM-110. 2) Incorrect Court address. 3) #20 is incomplete.
  111. Comment 1b Party does not conform to the Cross-Complaint
  112. Comment 1b Parties do not conform to the Cross-Complaint
  113. Comment 1b Parties do not conform to the Cross-Complaint
  114. View Document Rejection/Correction Notice Comment TO: Kennedy & Souza, APC RE: Case Management Statement of Cross Complainant/Cross Defendant, Grijalva Contractors REASON: party name incorrect in caption box; #1a incomplete; incorrect date in #2a; not all parties who've appeared were served.
  115. View Document Rejection/Correction Notice Comment RE: Case Management Statement of Cross Def: 84 Lumber Company- incorrect Court address; incorrect entry in #20; not all parties who have appeared were served. RE: Notice of Jury Deposit for Def: 84 Lumber Company- not all parties who have appeared were served.
  116. Comment of cross defendant, 84 Lumber Company
  117. Comment for cross defendant, 84 Lumber Company
  118. Comment Re: Status of the Case
  119. Comment Cross-Defendant Scott Burton Enterprises Notice of Remote Appearance
  120. View Document Case Status Conference 01/14/2022 View Document Case Status Conference 07/22/2022 Judicial Officer Clark, Thomas S. Hearing Time 8:15 AM Result Held Comment STAY EFFECTIVE 07/17/2019 - CONTINUED FROM 01/14/2022 (LAST ORDER EXTENDING 180 DAY STAY-FILED AS OF 8/4/2021)
  121. View Document Rejection/Correction Notice Comment Request for Default - Stay is still in Effect No Order lifting the Stay has been filed and Minutes from 7/22/22 Case Status Conference Confirm Stay is still in effect. from envelope #9434880 , # 943547, #9434631 and Service provided no Consent on file allowing service via Electronic method
  122. Comment Notice of Ruling RE: Case Status Conference Held 7/22/2022
  123. Comment Notice of Ruling RE: Case Status Conference Held 7/22/2022
  124. View Document Rejection/Correction Notice Comment Notice of Complex Case Fee Payment; Payment can be accepted telephonically, drop off or by mail.
  125. View Document Rejection/Correction Notice Comment 3 Requests for Default - Per minutes dated 7/22/2022 the case status remains Stayed
  126. Comment without prejudice of the following Plaintiffs: Paul & Amy Churgin, Gustavo P. Arciniega, Matthew Mundhenke, Israel Monroy, and Bryan Felix.
  127. Comment of Gageway Housing LLC and Oriole Homes Inc.
  128. Comment Answer to Cross Complaint Filed 9/29/2022; $1000 Complex Case Fee
  129. Comment without prejudice as to the Plaintiffs: Chanedrelle & Jun Dalog
  130. Comment for Defendant Gateway Housing, LLC & Oriole Homes, Inc
  131. Comment Joint Certificate of Progress
  132. View Document Case Status Conference 07/22/2022 View Document Case Status Conference 12/16/2022 Judicial Officer Clark, Thomas S. Hearing Time 8:15 AM Result Held Comment continued from 07/22/2022 STAY REMAINS IN EFFECT 08/04/2021
  133. Comment NOTICE OF RULING FOLLOWING DECEMBER 16, 2022 CASE STATUS CONFERENCE
  134. Comment of Change of Handling Attorney
  135. Comment for Cross-Defendant, Donna Amparano Roofing
  136. Comment Joint Certificate of Progress; request to continue hearing
  137. Judicial Officer Clark, Thomas S. Comment Case status conference on 3/21/23 reset to 06/30/2023, at 8:15 a.m., in Dept. 17
  138. Judicial Officer Clark, Thomas S. Hearing Time 8:15 AM Cancel Reason Other Comment continued from 07/22/2022, 12/16/22 STAY REMAINS IN EFFECT 08/04/2021
  139. View Document Case Status Conference 03/21/2023 Judicial Officer Clark, Thomas S. Hearing Time 8:15 AM Result Held
  140. Comment Notice of Ruling following March 21, 2023 Case Status Conference
  141. Comment 6/30/23: DECLARATION OF JEFFREY T. BELTON REQUESTING COURT TO VACATE STAY AND SET TRIAL DATE
  142. View Document Case Status Conference 03/21/2023 View Document Case Status Conference 06/30/2023 Judicial Officer Clark, Thomas S. Hearing Time 8:15 AM Result Held Comment continued from 07/22/2022, 12/16/22 STAY REMAINS IN EFFECT 08/04/2021
  143. Comment NOTICE OF CHANGE OF HANDLING ATTORNEY
  144. Comment DECLARATION OF DORIAN R. LOPEZ IN RESPONSE TO OSC HEARING REQUESTING COURT TO VACATE STAY AND SET TRIAL DATE
  145. Comment for 7/21/2023 hearing
  146. View Document Case Status Conference 06/30/2023 View Document Order to Show Cause (Pre-Disposition) 07/21/2023 Judicial Officer Clark, Thomas S. Hearing Time 8:30 AM Result Held Comment RE: WHY STAY SHOULD NOT BE LIFTED - SET BY THE COURT/STATUS CONFERENCE
  147. Comment Notice of Ruling Lifting Stay
  148. Comment for Cross Defendant, Kenyon Plastering of Visalia, Inc.
  149. Comment for Cross Defendant, Kenyon Plastering of Visalia, Inc.
  150. Comment Proof of Service
  151. View Document Rejection/Correction Notice Comment Re: Special Master Discovery order no. 1 Reason: The order page, page 4, does not contain enough information regarding case; need at least three line of text with identifying information for order and case (short title case and case number)
  152. Comment Joint Certificate of Progress
  153. View Document Order to Show Cause (Pre-Disposition) 07/21/2023 View Document Case Status Conference 10/20/2023 Judicial Officer Clark, Thomas S. Hearing Time 8:15 AM Result Held Comment continued from 07/21/2023
  154. Judicial Officer Clark, Thomas S. Comment Discovery Order No. 1
  155. Comment Plaintiffs Leonardo Garcia and Marco Rivera are dismissed from the case without prjeudice
  156. Comment as to Plaintiff's complaint only
  157. View Document Ruling 04/30/2024 Hearing Time 08:30 AM Result Ruling Comment as to Plaintiff's complaint crc 3.1385
  158. Comment Dismissal of Plaintiff's complaint in it's entirety
  159. Comment Dismissal of cross complaint filed by Gateway Housing and Oriole Homes filed 10/22/2021
  160. View Document Ruling 04/30/2024 Judicial Officer Clark, Thomas S. Hearing Time 8:30 AM Cancel Reason Dismissal Filed Comment crc 3.1385 as to Plaintiff's Complaint only
  161. Comment Dismissal as to Cross Complaint filed by Grijalva Contractors
  162. Judicial Officer Smith, T. Mark Hearing Time 11:00 AM Cancel Reason Dismissal Filed Comment Trial/Fcmc 4/14/25, Dept 17, T/e 45 days (Grijalva Cross Complaint remains pending)
  163. Judicial Officer Clark, Thomas S. Hearing Time 09:00 AM Cancel Reason Dismissal Filed Comment (Grijalva Cross Complaint remains pending)
  164. Judicial Officer Clark, Thomas S. Hearing Time 9:00 AM Cancel Reason Dismissal Filed Comment estimate 45 days (Grijalva Cross Complaint remains pending)

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