Preview
Pursuant to CRC 2.259 this document has been electronically filed by the MM
Superior Court of California, County of Santa Barbara, on 8/25/2022
1 JASON H. ANDERSON, State Bar No. 172087
2
janderson@stradlinglaw.com
ANDREW B. MASON, State Bar No. 317944 F I L E D
SUPERIOR COURT of CALIFORNIA
amason@stradlinglaw.com
3 STRADLING YOCCA CARLSON & RAUTH COUNTY of SANTA BARBARA
A PROFESSIONAL CORPORATION 08/30/ 2022
4 660 Newport Center Drive, Suite 1600 Darrel E_ parker, Executive officer
Newport Beach, CA 92660-6422 BY Leyden, Sharon
5 Telephone: 949 725 4000 Deputy Clerk
Facsimile: 949 725 4100
6 Attorneys for Plaintiff
THOMAS KOPITNIK
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA BARBARA - COOK
10 THOMAS KOPITNIK, an individua1, CASE N0. 21CV02266
Honorable James F Rigali.
11 SM2
Piaintiff, Dept.
12 vs. JOINT STIPULATION To CONTINUE
HEARING ON PLAINTIFF ’S PENDING
13 CLEARVIEW PROPERTY SERVICES, INC. a MOTION FOR SUMMARY
California corporation; CHRISTOPHER ADJUDICATION; m}
14
HULME, and individual; and, DOES ORDER
1THROUGH 10,
15 Current MSA Hearing Date:
Defendants, Date: September l3, 2022
16
Reguested MSA Hearing Date:
17 Date: October l8, 2022
18
Complaint Filed: June 8, 2021
19 Trial Date: December 5, 2022
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STRADLING YOCCA -1-
CARLSON 8L RAUTH
"MOWER JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING CONTINUATION OF MSA HEARING DATE
4853—3360—3888v1/104827—0005 21CV02266
1 Plaintiff Thomas Kopitnik and Defendants Clearview Property Services, Inc. and
2 Christopher Hulme (the “Parties”), by and through their respective counsel, stipulate as
3 follows:
4 RECITALS
The Parties attended a mediation on August 10, 2022 before Mediator, Jim
56789
1.
Roberts. The Parties agreed to attend a further mediation on September 30, 2022.
2. In order to conserve judicial resources and to ensure a productive further mediation,
the parties respectfully request the Court continue the date for the hearing on Plaintiff’s
previously filed Motion for Summary Adjudication from September 13, 2022 to October 18,
10 2022. The dates for filing and service of the opposition and reply to the Motion for Summary
11 Adjudication will be set based upon the new hearing date set by the Court.
12 3. This stipulation may be executed in counterparts, and any facsimile or electronic
13 signatures shall be deemed original.
l4
15 IT IS SO STIPULATED.
l6
DATED: August 25, 2022 STRADLING YOCCA CARLSON & RAUTH
17 A Professional Corporation
18 ~
19
By:
5’
Jason H. Anderson
20 Andrew B. Mason
Attorneys for Plaintiff THOMAS KOPITNIK
21
22 DATED: August 25, 2022 WOOD. SMITH. HENNING & BERMAN LLP
23
24 By
Sheila E. Fix
25 S. Joanna Dyriam
Linet Mardyrosian
26 Attorneys for Defendants CLEARVIEW
PROPERTY SERVICES, INC. and
27 CHRISTOPHER HULME
28
STRADLING YOCCA -2-
CARLSi’fii‘RFAUT" JOINT STIPULATION AND [P-ROPOSED] ORDER REQUESTING CONTINUATION OF MSA HEARING DATE
NEWPORT BEACH
4853—3360—3888v1/104827—0005 21CV02266
1 ORDER
2 The Court having reviewed the Stipulation, and good cause appearing:
3 IT IS ORDERED that:
4
The hearing on Plaintiff’s Motion for Summary Adjudication is hereby continued fiom
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September 13, 2022 to October 18, 2022 at 8:30 am in the above captioned courtroom. The
dates for filing and service of the opposition and reply papers shall be based on the new
hearing date for Plaintiff’s Motion for Summary Adjudication .
10 IT IS SO ORDERED.
'
1 1
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DATED 08/30/2022 BY '
James F. Rigali
A;
Hfirab
Ju the Superior Court
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STRADLING YOCCA -3-
C 8LR m"
ARLS‘L’EW
NEWPORT BEACH
JOINT STIPULATION AND [$999839] ORDER REQUESTING CONTINUATION OF MSA HEARING DATE
4853—3360—3888v1/104827—0005 21CV02266
PROOF OF SERVICE
1
STATE OF CALIFORNIA )
2 ) ss
COUNTY OF ORANGE )
3
I am employed by Stradling Yocca Carlson & Rauth A Professional Corporation in the County
4 of Orange, State of California. I am over the age of 18 and not a party to the within action. My
business address is: 660 Newport Center Drive, Suite 1600, Newport Beach, CA 92660-6422.
5 On August 25, 2022, I served the within documents: JOINT STIPULATION TO CONTINUE
HEARING ON PLAINTIFF’S PENDING MOTION FOR SUMMARY ADJUDICATION;
6 [PROPOSED] ORDER
7 By email or electronic transmission. Based on a court order or an agreement of the parties to
accept service by electronic transmission, I caused a copy of the document(s) to be sent from e-
8
mail address kmilanowski@stradlinglaw.com to the person(s) at the email address(es) listed in
9 the Service List. I did not receive, within a reasonable time after the transmission, any electronic
message or other indication that the transmission was unsuccessful.
10
Sheila E. Fix Attorneys for Defendants
11 S. Joanna Dyriam CHRISTOPHER HULME and
Linet Mardyrosian CLEARVIEW PROPERTY
12
WOOD, SMITH HENNING & BERMAN LLP SERVICES, INC.
13 2815 Townsgate Road, Suite 215
Thousand Oaks, CA 91361-5827
14 Telephone: (820) 333-4233
Facsimile: (820) 333-4249
15 Email: sfix@wshblaw.com
sdyriam@wshblaw.com
16 lmardyrosian@wshblaw.com
17
cc: Allie S. Sayle; ASayle@wshblaw.com
18 Susan Prasad; sprasad@wshblaw.com
19
20 I declare that I am employed in the office of a member of the bar of this court whose
direction the service was made. I declare under penalty of perjury under the laws of the State of
21 California that the above is true and correct.
22 Executed on August 25, 2022 at Newport Beach, California.
23
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By:
25 Kayla Milanowski
26
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S TRADLING Y OCCA -4-
C ARLSON & R AUTH
LAWYERS
NEWPORT BEACH
PROOF OF SERVICE
25869299.1:05819-0110 4853-3360-3888v1/104827-0005
Preview
Pursuant to CRC 2.259 this document has been electronically filed by the MM Superior Court of California, County of Santa Barbara, on 8/25/2022 1 JASON H. ANDERSON, State Bar No. 172087 2 janderson@stradlinglaw.com ANDREW B. MASON, State Bar No. 317944 F I L E D SUPERIOR COURT of CALIFORNIA amason@stradlinglaw.com 3 STRADLING YOCCA CARLSON & RAUTH COUNTY of SANTA BARBARA A PROFESSIONAL CORPORATION 08/30/ 2022 4 660 Newport Center Drive, Suite 1600 Darrel E_ parker, Executive officer Newport Beach, CA 92660-6422 BY Leyden, Sharon 5 Telephone: 949 725 4000 Deputy Clerk Facsimile: 949 725 4100 6 Attorneys for Plaintiff THOMAS KOPITNIK 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA BARBARA - COOK 10 THOMAS KOPITNIK, an individua1, CASE N0. 21CV02266 Honorable James F Rigali. 11 SM2 Piaintiff, Dept. 12 vs. JOINT STIPULATION To CONTINUE HEARING ON PLAINTIFF ’S PENDING 13 CLEARVIEW PROPERTY SERVICES, INC. a MOTION FOR SUMMARY California corporation; CHRISTOPHER ADJUDICATION; m} 14 HULME, and individual; and, DOES ORDER 1THROUGH 10, 15 Current MSA Hearing Date: Defendants, Date: September l3, 2022 16 Reguested MSA Hearing Date: 17 Date: October l8, 2022 18 Complaint Filed: June 8, 2021 19 Trial Date: December 5, 2022 20 21 22 23 24 25 26 27 28 STRADLING YOCCA -1- CARLSON 8L RAUTH "MOWER JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING CONTINUATION OF MSA HEARING DATE 4853—3360—3888v1/104827—0005 21CV02266 1 Plaintiff Thomas Kopitnik and Defendants Clearview Property Services, Inc. and 2 Christopher Hulme (the “Parties”), by and through their respective counsel, stipulate as 3 follows: 4 RECITALS The Parties attended a mediation on August 10, 2022 before Mediator, Jim 56789 1. Roberts. The Parties agreed to attend a further mediation on September 30, 2022. 2. In order to conserve judicial resources and to ensure a productive further mediation, the parties respectfully request the Court continue the date for the hearing on Plaintiff’s previously filed Motion for Summary Adjudication from September 13, 2022 to October 18, 10 2022. The dates for filing and service of the opposition and reply to the Motion for Summary 11 Adjudication will be set based upon the new hearing date set by the Court. 12 3. This stipulation may be executed in counterparts, and any facsimile or electronic 13 signatures shall be deemed original. l4 15 IT IS SO STIPULATED. l6 DATED: August 25, 2022 STRADLING YOCCA CARLSON & RAUTH 17 A Professional Corporation 18 ~ 19 By: 5’ Jason H. Anderson 20 Andrew B. Mason Attorneys for Plaintiff THOMAS KOPITNIK 21 22 DATED: August 25, 2022 WOOD. SMITH. HENNING & BERMAN LLP 23 24 By Sheila E. Fix 25 S. Joanna Dyriam Linet Mardyrosian 26 Attorneys for Defendants CLEARVIEW PROPERTY SERVICES, INC. and 27 CHRISTOPHER HULME 28 STRADLING YOCCA -2- CARLSi’fii‘RFAUT" JOINT STIPULATION AND [P-ROPOSED] ORDER REQUESTING CONTINUATION OF MSA HEARING DATE NEWPORT BEACH 4853—3360—3888v1/104827—0005 21CV02266 1 ORDER 2 The Court having reviewed the Stipulation, and good cause appearing: 3 IT IS ORDERED that: 4 The hearing on Plaintiff’s Motion for Summary Adjudication is hereby continued fiom 56789 September 13, 2022 to October 18, 2022 at 8:30 am in the above captioned courtroom. The dates for filing and service of the opposition and reply papers shall be based on the new hearing date for Plaintiff’s Motion for Summary Adjudication . 10 IT IS SO ORDERED. ' 1 1 12 DATED 08/30/2022 BY ' James F. Rigali A; Hfirab Ju the Superior Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STRADLING YOCCA -3- C 8LR m" ARLS‘L’EW NEWPORT BEACH JOINT STIPULATION AND [$999839] ORDER REQUESTING CONTINUATION OF MSA HEARING DATE 4853—3360—3888v1/104827—0005 21CV02266 PROOF OF SERVICE 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF ORANGE ) 3 I am employed by Stradling Yocca Carlson & Rauth A Professional Corporation in the County 4 of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is: 660 Newport Center Drive, Suite 1600, Newport Beach, CA 92660-6422. 5 On August 25, 2022, I served the within documents: JOINT STIPULATION TO CONTINUE HEARING ON PLAINTIFF’S PENDING MOTION FOR SUMMARY ADJUDICATION; 6 [PROPOSED] ORDER 7 By email or electronic transmission. Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused a copy of the document(s) to be sent from e- 8 mail address kmilanowski@stradlinglaw.com to the person(s) at the email address(es) listed in 9 the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 10 Sheila E. Fix Attorneys for Defendants 11 S. Joanna Dyriam CHRISTOPHER HULME and Linet Mardyrosian CLEARVIEW PROPERTY 12 WOOD, SMITH HENNING & BERMAN LLP SERVICES, INC. 13 2815 Townsgate Road, Suite 215 Thousand Oaks, CA 91361-5827 14 Telephone: (820) 333-4233 Facsimile: (820) 333-4249 15 Email: sfix@wshblaw.com sdyriam@wshblaw.com 16 lmardyrosian@wshblaw.com 17 cc: Allie S. Sayle; ASayle@wshblaw.com 18 Susan Prasad; sprasad@wshblaw.com 19 20 I declare that I am employed in the office of a member of the bar of this court whose direction the service was made. I declare under penalty of perjury under the laws of the State of 21 California that the above is true and correct. 22 Executed on August 25, 2022 at Newport Beach, California. 23 24 By: 25 Kayla Milanowski 26 27 28 S TRADLING Y OCCA -4- C ARLSON & R AUTH LAWYERS NEWPORT BEACH PROOF OF SERVICE 25869299.1:05819-0110 4853-3360-3888v1/104827-0005