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Darby, Bill et al vs Lisa Family Pharmacy, Inc et al
A Civil case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Butte County. Judge Tamara L. Mosbarger presiding.
Case Details
Case Number
Filing Date
January 29, 2019
Last Refreshed
November 23, 2023
Filing Location
Butte County, CA
Overview
in law 0r fact. Plaintiffs acknowledge a waiver 0f arbitration will not be “lightly inferred” and that the party
claiming the other waived the right t0 arbitrate bears a heavy burden of proof (Opposition Brief 426-7).
Plaintiffs’ opposition fails t0 acknowledge they are required t0 establish prejudice for there to be a waiver
0f arbitration.
Causes of Action
Cross-complaint for
Rescission of Contract,
Damages for Fraud,
Common Count for Money
Had and Received
Cancellation of Instrument,
Exemplary Damages, and
Attorneys Fees.
(Amount Demanded Exceeds $10,000)
(Unlimited Civil Case)
Parties
Plaintiffs
Darby, Bill
Darby, Brenda
Attorneys for Plaintiffs
Sandelman, Raymond Louis
Defendants
Count Right, Inc
Hohenthaner, Lisa
Lisa Family Pharmacy, Inc
Attorneys for Defendants
Bordsen, Brant Joseph
Johnson, Mark Bruton
Case Documents
Case Management Statement
Date: Oct 21, 2020
Case Management Conference
Date: Jun 17, 2020
Case Management Statement
Date: Jun 09, 2020
Case Management Conference
Date: Feb 05, 2020
Case Management Statement
Date: Jan 23, 2020
Petition Hearing
Date: Nov 06, 2019
Case Management Statement
Date: Oct 07, 2019
Case Management Statement
Date: Oct 03, 2019
Answer - No Fee
Date: Sep 19, 2019
Petition Hearing
Date: Sep 18, 2019
Case Management Statement
Date: Sep 18, 2019
Declaration
Date: Sep 09, 2019
Reply
Date: Sep 09, 2019
Objection - No Fee
Date: Sep 06, 2019
Opposition - No Fee
Date: Sep 05, 2019
Brief
Date: Sep 05, 2019
Notice of Entry of Judgment, Order or Ruling
Date: Aug 19, 2019
Declaration
Date: Aug 16, 2019
Petition - No Fee
Date: Aug 16, 2019
Memorandum of Points and Authorities
Date: Aug 16, 2019
Request for Judicial Notice
Date: Aug 16, 2019
Cross Complaint - No Fee
Date: Aug 14, 2019
Letter(s) Submitted to Court
Date: Aug 09, 2019
Case Management Conference
Date: Jul 31, 2019
Order
Date: Jul 24, 2019
Motion to Strike
Date: Jul 24, 2019
Application for Order
Date: Jul 24, 2019
Brief
Date: Jul 22, 2019
Declaration
Date: Jul 17, 2019
Memorandum of Points and Authorities
Date: Jul 17, 2019
Notice
Date: Jul 17, 2019
Memorandum of Points and Authorities
Date: Jul 17, 2019
Objection - No Fee
Date: Jul 17, 2019
Declaration
Date: Jul 17, 2019
Case Management Statement
Date: Jul 15, 2019
Notice of Entry of Judgment, Order or Ruling
Date: Jul 12, 2019
Summons Issued and Filed
Date: Jul 12, 2019
Stipulation and Order
Date: Jul 11, 2019
Case Management Statement
Date: Jul 11, 2019
Memorandum of Points and Authorities
Date: Jun 28, 2019
Order
Date: Jun 13, 2019
Answer - Response - Denial - Unlimited
Date: Jun 07, 2019
Complaint
Date: Jan 29, 2019Case Events
| Date | Type | Description | |
|---|---|---|---|
| December 16, 2020 | Docket Event |
Case Management Conference Continued from 6/17/2020 
Judge: Mosbarger, Tamara L |
|
| November 04, 2020 | Docket Event |
Notice of Hearing Review Hearing Re Status of Bankruptcy for Lisa Hohenthaner and Lisa Family Pharmacy Inc
Judge: Mosbarger, Tamara L |
|
| October 30, 2020 | Docket Event |
Plaintiffs' Status Report Re: Lisa Hohenthaner's Bankruptcy Report |
|
| October 21, 2020 | Docket Event |
Defendants' Case Management Statement Case Management Statement |
|
| June 17, 2020 | Docket Event |
Defendant Count Right, Inc Case Management Statement Case Management Conference Status of Mediation
Judge: Mosbarger, Tamara L |
|
| June 17, 2020 | Docket Event |
Civil Minutes Minute Order |
|
| June 17, 2020 | Docket Event |
Declaration of Raymond L. Sandelman to Vacate Pretrial Discovery Conference Discovery Hearing
Judge: Mosbarger, Tamara L |
|
| June 15, 2020 | Docket Event |
Plaintiffs' Status Report Report |
|
| June 11, 2020 | Docket Event |
Declaration of Raymond L. Sandelman to Vacate Pretrial Discovery Conference Declaration |
|
| June 09, 2020 | Docket Event |
Defendant Count Right, Inc Case Management Statement Case Management Statement |
|
| May 20, 2020 | Docket Event |
Civil Minutes Minute Order |
|
| May 20, 2020 | Docket Event |
Plaintiffs' Status Report Re Discovery Conference Pretrial Conference Plaintiff's Pretrial Discovery Conference
Judge: Mosbarger, Tamara L |
|
| May 15, 2020 | Docket Event |
Defendants' Reply to Plaintiff's Status Report Re: Discovery Conference Reply to Plaintiff's Status Report Re: Discovery Conference |
|
| May 12, 2020 | Docket Event |
Plaintiffs' Status Report Re Discovery Conference Report |
|
| May 07, 2020 | Docket Event | Notice of Hearing | |
| May 07, 2020 | Docket Event |
Notice of Stay of Proceedings Notice of Bankruptcy-(Pre-Judgment) |
|
| April 08, 2020 | Docket Event |
Proof of Mailing of Order Vacating and Resetting Pre-Trial Discovery Conference and Case Management Case Management Conference Status of Mediation
Judge: Mosbarger, Tamara L |
|
| March 25, 2020 | Docket Event |
Order Vacating and Resetting Pre-Trial Discovery Conference and Case Management Pretrial Conference Plaintiff's Pretrial Discovery Conference
Judge: Mosbarger, Tamara L |
|
| March 20, 2020 | Docket Event |
Proof of Mailing of Order Vacating and Resetting Pre-Trial Discovery Conference and Case Management Proof of Mailing |
|
| March 20, 2020 | Docket Event |
Order Vacating and Resetting Pre-Trial Discovery Conference and Case Management Order
Judge: Mosbarger, Tamara L |
|
| February 05, 2020 | Docket Event |
Defendant Count Right's Case Management Statement Case Management Conference Status of Arbitration
Judge: Mosbarger, Tamara L |
|
| February 05, 2020 | Docket Event |
Proof of Mailing of Order on Request for a Pretrial Discovery Conference Proof of Mailing |
|
| February 05, 2020 | Docket Event |
Order on Request for a Pretrial Discovery Conference Order
Judge: Mosbarger, Tamara L |
|
| February 05, 2020 | Docket Event |
Civil Minutes Minute Order |
|
| January 28, 2020 | Docket Event |
Plaintiffs' Status Report Report |
|
| January 28, 2020 | Docket Event |
Defendants Lisa Hohenthaner and Lisa Family Pharmacy's Case Management Statement Case Management Statement |
|
| January 23, 2020 | Docket Event |
Defendant Count Right's Case Management Statement Case Management Statement |
|
| December 13, 2019 | Docket Event |
Lisa Hohenthaner's Opposition to Request for a Pretrial Discovery Conference Opposition - No Fee Opposition to Request for a Pretrial Discovery Conference |
|
| December 05, 2019 | Docket Event |
Request for Pretrial Discovery Conference Request |
|
| November 22, 2019 | Docket Event |
Notice of Continued Status Conference Notice of Hearing |
|
| November 06, 2019 | Docket Event |
Opposition Brief to Petition to Compel Arbitration Petition Hearing Petition to Compel Arbitration; continued from 9/18/19
Judge: Mosbarger, Tamara L |
|
| November 06, 2019 | Docket Event |
Tentative Ruling Defendants' request for judicial notice is granted in part and denied in part. The Court takes judicial notice of the lease agreement attached to the First Amended Complaint. The Court denies the request with regard to the Declaration of Brayden Artero. The petition to compel arbitration is granted. Defendants have established by competent evidence the existence of an arbitration agreement. Plaintiffs bear the burden of proof on the issue of waiver. St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal. 4th 1187, 1195. Plaintiffs have failed to establish a waiver. The Court finds that Defendants' demand for arbitration is reasonably timely. The petition to compel arbitration is not premature and this argument is not grounds for denial of the petition. The arbitration can proceed if mediation is unsuccessful. The Plaintiffs' Right to Attach Order is not affected by the Court's grant of the petition. Defendant Count Right, Inc. is also ordered to participate in the arbitration proceeding. Costs and attorney's fees are denied. Defendants shall prepare a form of Order. The case management conference is continued 90 days, to February 5, 2020, at 10:30 a.m., for status of arbitration. Case management statements are to be timely filed and served. |
|
| November 06, 2019 | Docket Event |
Civil Minutes Minute Order |
|
| November 06, 2019 | Tentative Ruling | Defendants request for judicial notice is granted in part and denied in part. The Court takes judicial notice of the lease agreement attached to the First Amended Complaint. The Court denies the requ...
Judge: Tamara L Mosbarger |
|
| October 07, 2019 | Docket Event |
Count Rights Inc's Case Management Statement Case Management Statement |
|
| October 03, 2019 | Docket Event |
Plaintiff's Case Management Statement Case Management Statement |
|
| October 02, 2019 | Docket Event |
Case Management Conference
Judge: Mosbarger, Tamara L |
|
| September 19, 2019 | Docket Event |
Answer by Bill Darby and Brenda Darby to Cross Complaint Answer - No Fee |
|
| September 19, 2019 | Docket Event | Jury Deposit - Non Refundable | |
| September 18, 2019 | Docket Event |
Notice of Entry of Judgment Petition Hearing Petition to Compel Arbitration
Judge: Mosbarger, Tamara L |
|
| September 18, 2019 | Docket Event |
Count Right Inc.'s Case Management Statement Case Management Statement |
|
| September 18, 2019 | Docket Event |
Notice of Rescheduling 10/2/19 Case Management Conference Notice of Rescheduling |
|
| September 18, 2019 | Docket Event |
Civil Minutes Minute Order |
|
| September 18, 2019 | Docket Event |
Tentative Ruling Defendants' request for judicial notice is granted in part and denied in part. The Court takes judicial notice of the lease agreement attached to the First Amended Complaint. The Court denies the request with regard to the Declaration of Brayden Artero. The petition to compel arbitration is granted. Defendants have established by competent evidence the existence of an arbitration agreement. Plaintiffs bear the burden of proof on the issue of waiver. St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal. 4th 1187, 1195. Plaintiffs have failed to establish a waiver. The Court finds that Defendants' demand for arbitration is reasonably timely. The petition to compel arbitration is not premature and this argument is not grounds for denial of the petition. The arbitration can proceed if mediation is unsuccessful. The Plaintiffs' Right to Attach Order is not affected by the Court's grant of the petition. Costs and attorney's fees are denied. Defendants shall prepare a form of Order. |
|
| September 18, 2019 | Tentative Ruling | Defendants request for judicial notice is granted in part and denied in part. The Court takes judicial notice of the lease agreement attached to the First Amended Complaint. The Court denies the requ...
Judge: Tamara L Mosbarger |
|
| September 09, 2019 | Docket Event |
Declaration of Brant J Bordsen in Support of Reply Declaration of Brant J. Bordsen in Support of Reply on Petition to Compel Arbitration |
|
| September 09, 2019 | Docket Event |
Reply Points & Authorities in Support of Petition Reply Points and Authorities in Support Petition to Compel Arbitration |
|
| September 06, 2019 | Docket Event |
Objections to Defendants' Request for Judicial Notice in Support of Their Petition to Compel Arbitration Objection - No Fee |
|
| September 05, 2019 | Docket Event |
Opposition to Petition to Compel Arbitration Opposition - No Fee |
|
| September 05, 2019 | Docket Event |
Opposition Brief to Petition to Compel Arbitration Brief |
|
| August 22, 2019 | Docket Event |
Proof of Mailing of Order on Communication Proof of Mailing |
|
| August 19, 2019 | Docket Event |
Notice of Entry of Judgment, Order or Ruling Notice of Entry of Judgment or Order |
|
| August 16, 2019 | Docket Event |
Declaration of Brant J. Bordsen In Support of Petition to Compel Arbitration Declaration |
|
| August 16, 2019 | Docket Event |
Petition to Compel Arbitration Petition - No Fee |
|
| August 16, 2019 | Docket Event |
Memorandum of Points and Authorities In Support of Petition to Compel Arbitration Memorandum of Points and Authorities |
|
| August 16, 2019 | Docket Event | Request for Judicial Notice | |
| August 16, 2019 | Docket Event |
Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing Order
Judge: Mosbarger, Tamara L |
|
| August 16, 2019 | Docket Event |
Notice of Hearing on Petition to Compel Arbitration Notice of Hearing - Fee |
|
| August 14, 2019 | Docket Event |
Cross Complaint - No Fee Cross Complaint |
|
| August 14, 2019 | Docket Event |
Amended Answer/Response - No Fee Amended Answer or Response - No Fee |
|
| August 09, 2019 | Docket Event |
Letter to The Honorable Tamara Mosbarger Letter(s) Submitted to Court
|
|
| July 31, 2019 | Docket Event |
Plaintiffs' Case Management Statement Case Management Conference
Judge: Mosbarger, Tamara L |
|
| July 24, 2019 | Docket Event |
Order After Heairng on Plainitffs' Application for Right to Attach Order Order
Judge: Mosbarger, Tamara L |
|
| July 24, 2019 | Docket Event |
Objection and Motion to Strike Portions of the Declaration of Bill Darby Motion to Strike
Judge: Mosbarger, Tamara L |
|
| July 24, 2019 | Docket Event |
Reply Brief in Support of Application for Right to Attach Order Application for Order Application for Right to Attach Order, Order for Issuance of Writ of Attachment After Hearing
Judge: Mosbarger, Tamara L |
|
| July 24, 2019 | Docket Event |
Proof of Mailing of Order After Hearing on Plaintiffs' Application for Right to Attach Order Proof of Mailing |
|
| July 24, 2019 | Docket Event |
Case Under Submission for Decision Under Submission as to the Application for Order and Motion to Strike heard on July 24, 2019
Judge: Mosbarger, Tamara L |
|
| July 24, 2019 | Docket Event |
Civil Minutes Minute Order |
|
| July 24, 2019 | Docket Event |
Tentative Ruling Defendants' objections to paragraph 4 of the Darby declaration are sustained. Defendants' objection to paragraph 7 of the Darby declaration is sustained as to improper expert testimony (as to the value of the property only), and are overruled as to relevance and hearsay. Defendants' motion to strike is denied. Plaintiffs' Request for Judicial Notice is granted. Plaintiffs' application for right to attach order is granted. On Defendant Hohenthaner's claim of exemption, the Court grants an exemption for insurance proceeds in the amount of $100,00.00 pursuant to CCP 704.720(b). The claim of exemption for personal retirement benefits is granted. |
|
| July 24, 2019 | Tentative Ruling | Defendants objections to paragraph 4 of the Darby declaration are sustained. Defendants objection to paragraph 7 of the Darby declaration is sustained as to improper expert testimony (as to the valu...
Judge: Tamara L Mosbarger |
|
| July 22, 2019 | Docket Event |
Reply Brief in Support of Application for Right to Attach Order Brief |
|
| July 17, 2019 | Docket Event |
Declaration of Traci Wood in Opposition to Application for Right to Attach Order and Issuance of Writ of Attachment Declaration |
|
| July 17, 2019 | Docket Event |
Further Memorandum of Points and Authorities in Opposition to Application for Right to Attach Order and Issuance of Writ of Attachment Memorandum of Points and Authorities |
|
| July 17, 2019 | Docket Event |
Defendant Count Right, Inc.'s Notice of Opposition to Application Notice of Opposition to Application for Right to Attach Order; Claim of Exemption |
|
| July 17, 2019 | Docket Event |
Memorandum of Points & Authorities Memorandum of Points and Authorities |
|
| July 17, 2019 | Docket Event |
Objection and Motion to Strike Portions of the Declaration of Bill Darby Objection - No Fee |
|
| July 17, 2019 | Docket Event |
Further Declaration of Lisa Hohenthaner in Opposition to Application for Right to Attach Order and Writ of Attachment Declaration |
|
| July 17, 2019 | Docket Event |
Amended Declaration of Brayden Artero Supporting Opposition to Application for Right to Attach Order Declaration |
|
| July 17, 2019 | Docket Event |
Declaration of Lisa Hohenthaner Declaration |
|
| July 17, 2019 | Docket Event |
Declaration of Brent J. Bordsen Declaration of Brant J. Bordsen |
|
| July 17, 2019 | Docket Event |
Declaration of Pauline Hohenthaner Declaration |
|
| July 17, 2019 | Docket Event |
Declaration of Brayden Artero Declaration |
|
| July 15, 2019 | Docket Event | Case Management Statement | |
| July 12, 2019 | Docket Event |
Notice of Entry of Order Notice of Entry of Judgment, Order or Ruling |
|
| July 12, 2019 | Docket Event |
Summons (First Amended Complaint) Summons Issued and Filed |
|
| July 12, 2019 | Docket Event |
Amended Complaint - Claim Amount Unchanged (No Fee) Amended Complaint |
|
| July 11, 2019 | Docket Event |
Stipulation Permitting Plaintiffs to File an Amended Complaint, and Order Stipulation and Order
Judge: Mosbarger, Tamara L |
|
| July 11, 2019 | Docket Event |
Plaintiffs' Case Management Statement Case Management Statement |
|
| June 28, 2019 | Docket Event |
Memorandum of Points & Authorities in Support of Application for Right to Attach Order Memorandum of Points and Authorities |
|
| June 28, 2019 | Docket Event |
Notice of Application and Hearing for Right to Attach Order, Order for Issuance of Writ of Attachment Notice |
|
| June 28, 2019 | Docket Event |
Application for Right to Attach Order, Order for Issuance of Writ of Attachment After Hearing Application With Hearing |
|
| June 17, 2019 | Docket Event |
Proof of Mailing of Order Striking Proof of Mailing |
|
| June 13, 2019 | Docket Event |
Order Striking Order
Judge: Mosbarger, Tamara L |
|
| June 07, 2019 | Docket Event |
Defendant Court Right, Inc's Answer - First Appearance Answer - Response - Denial - Unlimited |
|
| June 07, 2019 | Docket Event |
Proof of Service as to Raymond Sandleman Proof of Service |
|
| June 07, 2019 | Docket Event |
Proof of Service as to Brand Bordsen Proof of Service |
|
| June 07, 2019 | Docket Event |
*Stricken as of 06-13-19* Request to Enter Default-Entered as to Count Right Only Request to Enter Default-Entered |
|
| April 22, 2019 | Docket Event |
Proof of Service of Summons Filed as to Lisa Family Pharmacy, Inc. Proof of Service of Summons Filed |
|
| April 22, 2019 | Docket Event |
Proof of Service of Summons Filed as to Count Right, Inc. Proof of Service of Summons Filed |
|
| April 22, 2019 | Docket Event |
Proof of Service of Summons Filed as to Lisa Hohenthaner Proof of Service of Summons Filed |
|
| January 29, 2019 | Docket Event | Complaint | |
| January 29, 2019 | Docket Event | Summons Issued and Filed | |
| January 29, 2019 | Docket Event | Proof of Service | |
| January 29, 2019 | Docket Event | Cause Of Action | |
| January 29, 2019 | Docket Event |
Notice of Assignment and Case Management Conference
Judge: Mosbarger, Tamara L |
|
| January 29, 2019 | Docket Event | Civil Case Cover Sheet |
