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Daniel D. Hollingsworth, State Bar No. 304617
HOLLINGSWORTH LAW FIRM
550 Figueroa Street, Suite F
Monterey, CA 93940
Tel. (831) 920-0777
Fax. (831) 920-0840
daniel@hollingsworthlegal.com
Robert H. Roe, State Bar No. 091041
15651 Dickens Street, No. 104
Encino, CA 91436-3133
Tel. (760) 443-0984
Fax. (818) 235-0172
rroe23 1@gmail.com
Attorneys for Plaintiffs
Robert Clampett and Marianna Clampett
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF MONTEREY
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(UNLIMITED CIVIL)
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14 ROBERT CLAMPETT, an individual, and Case No. 21CV001804
MARIANNA CLAMPETT, an individual,
15 NOTICE OF ENTRY OF ORDER
Plaintiffs,
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VS.
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HOMESITE INSURANCE COMPANY
18 OF CALIFORNIA, a California corporation;
and DOES 1 through 10, inclusive,
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Defendants.
20 pi
21 TO DEFENDANT AND THEIR ATTORNEYS OF RECORD:
22 An Order on Plaintiffs’ Stipulation and Order to Continue Trial Date, etc. was entered in
23 this action on August 4, 2023. A copy of said Order is attached hereto as Exhibit “A”.
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24 LINGSWORTH LAW FIRM
Date: August 8, 2023
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~Daniel i Hollingsworth
26 Attorney for Plaintiffs Robert Clampett and
Marianna Clampett
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28 Clampett v. Homesite Insurance Company of California 1 Notice of Entry of Order
PROOF OF SERVICE
[C.C.P. §§1013(A), 2015.5, 28 U.S.C. §1746]
I, Tammy S. Thurman state:
Tam over the age of eighteen (18) years and am not a party to the within action. |
am employed in the county where the mailing took place. My business address is 550
Figueroa Street, Suite F, Monterey, California, 93940.
On August 8, 2023, I served the foregoing document(s) described as,
NOTICE OF ENTRY OF ORDER
on the interested parties to this action as follows:
Barbara J. Mandell Robert H. Roe, Esq.
COLEMAN PERKINS LAW GROUP 15651 Dickens Street
500 N. Brand Blvd., Suite 2200 No. 104
Glendale, CA 91203 Encino, CA 91436-3133
bmandell@colmanlawgroup.com rroe231@gmail.com
Co-Counsel for Plaintiffs
Attorneys for Homesite Insurance
Company of California
CC: Debbie Bennett: dbennett@colmanlawgroup.com
(X) [BY EMAIL] I caused the above document(s) to be sent from email address
tammy@hollingsworthlegal.com to the persons at the email addresses listed above.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on this 8" day of August, 2023, at Monterey, California.
Tammy 8. Thurman
EXHIBIT A
Robert H. Roe ELECTRONICALLY FILED BY
15651 Dickens Street, No. 104 Superior Court of California,
Encino, CA 91436-3133 County of Monterey
Tel: (760) 443-0984 On 08/04/2023
Fax: (760(818) 235-0172 By Deputy: Ramirez-Perez, Hicet
rroe231@gmail.com
Daniel D. Hollingsworth
HOLLINGSWORTH LAW FIRM
550 Figueroa Street, Suite F
Monterey, CA 93940
Tel: (831) 920-0777
Fax: (831) 920-0840
daniel@hollingsworthlegal.com
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Attorneys for Plaintiffs
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Robert Clampett and Marianna Clampett
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SUPERIOR COURT OF CALIFORNIA
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15 COUNTY OF MONTEREY
16 (UNLIMITED CIVIL)
17 ROBERT CLAMPETT, an individual, and CASE NO. 21CV001804
18 MARIANNA CLAMPETT, an individual.
STIPULATION AND ORDER TO
19 Plaintiffs, CONTINUE TRIAL DATE, ETC.
20 vs.
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HOMESITE INSURANCE COMPANY OF
22 CALIFORNIA, a California corporation; and
DOES 1Through 10, inclusive.
23
24
Defendants.
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26 Plaintiffs and Defendants (collectively referred to as “the Parties”), through their respectiv
27 counsel, have agreed and hereby stipulate as follows:
28 WHEREAS,
CLAMPETT V. HOMSITE INSURANCE COMPANY OF CALIFOFRNIA — CASE NO. 21CV001804
STIPULATION AND ORDER TO CONTINUE TRIAL, ETC.
1 The hearing on Defendant Homesite Insurance Company of California’s Motion fo
Summary Judgment, or in the alternative, for summary adjudication (“Defendant’s MSJ”), wag
originally set for hearing on August 11, 2023, and trial is currently set for September 18, 2023;
2. The above-entitled Court reset the hearing on Defendant’s MSJ to August 21, 2023
notice of which was provided by mailing a “Notice of Resetting Hearing” to counsel for Plaintiffs
and Defendant on July 7, 2023;
3. Following receipt of the Notice of Resetting Hearing, Plaintiffs believed that thei
opposition to Defendant’s MSJ would be due to be filed and served fourteen calendar days prio:
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to the new hearing date pursuant to Code of Civil Procedure, section 473c(b)(2), making thei
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12 opposition due to be filed and served no later than August 7, 2023;
13 4. On August 1, 2023, the Parties attended a Mandatory Settlement Conference with Judga
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Thomas W. Wills, during which he informed the Parties that Judge Carrie M. Panetta had wante
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the Parties to file and serve their opposition and reply papers, respectively, according to deadlines
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set by the original hearing date of August 11, 2023;
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18 5. Based on Plaintiffs’ counsel being unaware of the Court’s intent that the Parties abide
19 by the original briefing schedule, Plaintiffs operated under the assumption that their Oppositio
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was due to be filed and served no later than August 7, 2023;
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6. The trial management reports and briefs are presently due to be filed and served on o1
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before August 7, 2023;
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24 7. The Parties were unable to reach a settlement at the Mandatory Settlement Conference
25 and agree that the best opportunity to reach a settlement in this matter will be to re-engage private
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mediator Ralph Williams following the hearing on Defendant’s MSJ;
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8. Plaintiffs’ counsel are unavailable during the month of October, 2023 and beginning o:
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CLAMPETT V. HOMSITE INSURANCE COMPANY OF CALIFOFRNIA — CASE NO. 21CV001804
STIPULATION AND ORDER TO CONTINUE TRIAL, ETC.
November, 2023, due to trials set in other matters; and
9. Counsel for all parties are available the weeks of December 11, 2023, and Decembey
18, 2023
WHEREFORE, THE PARTIES STIPULATE AS FOLLOWS
1 The hearing on Defendant’s MSJ shall be continued to September 5, 2023, or as sooi
thereafter as the Court’s schedule permits
2. Plaintiffs’ Opposition to Defendants’ MSJ shall be filed and served no later than Augus
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7, 2023, and Defendant’s Reply papers shall be filed and served no later than August 16, 2023
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12 3. Expert discovery shall commence after the hearing on Defendant’s MSJ, and shall closa
13 fourteen days after said date unless otherwise agreed to between the Parties
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4. Non-expert discovery shall be completed pursuant to the current September 18, 2023
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trial date
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5. The trial in this matter shall be continued to December | 1, 2023, or as soon thereaftey
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18 as the Court’s schedule permits; and
19 6. Trial Management Reports and Briefs shall be filed six (6) weeks prior to the new trial
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date.
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IT IS SO STIPULATED
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24 HOLLINGSWORTH LAW FIRM
25 Dated:_S /3 /2S
26
wh oN
Daniel D. Hollingsworth
27 Counsel for Plaintiffs Robert ciipet and
Marianna Clampett
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CLAMPETT¥. HOMSITE INSURANCE COMPANY OF CALIFOFRNIA — CASE NO, 21CV001804
STIPULATION AND ORDER TO CONTINUE TRIAL, ETC.
Dated: August 3, 2023 COLMAN PERKINS LAW GROUP
Barbara J. Mandell
Counsel for Defendants Homesite Insurance
Company of California
SO STIPULATED, AND GOOD CAUSE APPEARING THEREFORE, IT ORDERED
THAT,
10 1 The hearing on Defendant Homesite Insurance Company of California’s Mgg6n fol
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Summary lgment, or in the alternative, for summary adjudication shall be ontinued t
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2023;
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2. Plaintiffs’ osition to Defendant Homesite Insurance, ompany of California’s
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15 Motion for Summary Judgme or in the alternative, for summ; adjudication shall be filed and
16 served no later than August 7, 202 nd Defendant’s Rg@fy papers shall be filed and served n
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later than August 16, 2023;
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3. Expert discovery shall commen lay after the hearing on Defendant Homesite
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Insurance Company of California’s tion for Sum: Judgment, or in the alternative, foy
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21 summary adjudication, and shaj lose fourteen days after sar ate unless otherwise agreed to i
22 writing between the Part
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4. Non-e: discovery shall be completed pursuant to the currel September 18, 2023
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trial date;
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The trial in this shall be continued to
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27 d shall commence at a.m. in Department 14;
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CLAMPETT V. HOMSITE INSURANCE COMPANY OF CALIFOFRNIA — CASE NO. 21CV001804
STIPULATION AND ORDER TO CONTINUE TRIAL, ETC.
1 6. Trial Management Reports and Briefs shall be filed s==6@=reekepsiemte=tesren=ert
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him, 9/11/23.
3 The parties may use the briefing schedule they anticpated based on the hearing date of
8/21/23 for the motion for summarv iudament and are not required to follow oriainal
briefing due dates for that motion. The court denies the motion to continue the jury trial.
8/4/2023 (iz Bah
JUDGEOF THE SUPERIOR COURT
CARRIE M. PANETTA
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CLAMPETT V. HOMSITE INSURANCE COMPANY OF CALIFOFRNIA — CASE NO. 21CV001804
STIPULATION AND ORDER TO CONTINUE TRIAL, ETC.
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Daniel D. Hollingsworth, State Bar No. 304617 HOLLINGSWORTH LAW FIRM 550 Figueroa Street, Suite F Monterey, CA 93940 Tel. (831) 920-0777 Fax. (831) 920-0840 daniel@hollingsworthlegal.com Robert H. Roe, State Bar No. 091041 15651 Dickens Street, No. 104 Encino, CA 91436-3133 Tel. (760) 443-0984 Fax. (818) 235-0172 rroe23 1@gmail.com Attorneys for Plaintiffs Robert Clampett and Marianna Clampett 10 SUPERIOR COURT OF CALIFORNIA 11 COUNTY OF MONTEREY 12 (UNLIMITED CIVIL) 13 14 ROBERT CLAMPETT, an individual, and Case No. 21CV001804 MARIANNA CLAMPETT, an individual, 15 NOTICE OF ENTRY OF ORDER Plaintiffs, 16 VS. 17 HOMESITE INSURANCE COMPANY 18 OF CALIFORNIA, a California corporation; and DOES 1 through 10, inclusive, 19 Defendants. 20 pi 21 TO DEFENDANT AND THEIR ATTORNEYS OF RECORD: 22 An Order on Plaintiffs’ Stipulation and Order to Continue Trial Date, etc. was entered in 23 this action on August 4, 2023. A copy of said Order is attached hereto as Exhibit “A”. Ne 24 LINGSWORTH LAW FIRM Date: August 8, 2023 25 ~Daniel i Hollingsworth 26 Attorney for Plaintiffs Robert Clampett and Marianna Clampett 27 28 Clampett v. Homesite Insurance Company of California 1 Notice of Entry of Order PROOF OF SERVICE [C.C.P. §§1013(A), 2015.5, 28 U.S.C. §1746] I, Tammy S. Thurman state: Tam over the age of eighteen (18) years and am not a party to the within action. | am employed in the county where the mailing took place. My business address is 550 Figueroa Street, Suite F, Monterey, California, 93940. On August 8, 2023, I served the foregoing document(s) described as, NOTICE OF ENTRY OF ORDER on the interested parties to this action as follows: Barbara J. Mandell Robert H. Roe, Esq. COLEMAN PERKINS LAW GROUP 15651 Dickens Street 500 N. Brand Blvd., Suite 2200 No. 104 Glendale, CA 91203 Encino, CA 91436-3133 bmandell@colmanlawgroup.com rroe231@gmail.com Co-Counsel for Plaintiffs Attorneys for Homesite Insurance Company of California CC: Debbie Bennett: dbennett@colmanlawgroup.com (X) [BY EMAIL] I caused the above document(s) to be sent from email address tammy@hollingsworthlegal.com to the persons at the email addresses listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 8" day of August, 2023, at Monterey, California. Tammy 8. Thurman EXHIBIT A Robert H. Roe ELECTRONICALLY FILED BY 15651 Dickens Street, No. 104 Superior Court of California, Encino, CA 91436-3133 County of Monterey Tel: (760) 443-0984 On 08/04/2023 Fax: (760(818) 235-0172 By Deputy: Ramirez-Perez, Hicet rroe231@gmail.com Daniel D. Hollingsworth HOLLINGSWORTH LAW FIRM 550 Figueroa Street, Suite F Monterey, CA 93940 Tel: (831) 920-0777 Fax: (831) 920-0840 daniel@hollingsworthlegal.com 10 Attorneys for Plaintiffs 11 Robert Clampett and Marianna Clampett 12 13 SUPERIOR COURT OF CALIFORNIA 14 15 COUNTY OF MONTEREY 16 (UNLIMITED CIVIL) 17 ROBERT CLAMPETT, an individual, and CASE NO. 21CV001804 18 MARIANNA CLAMPETT, an individual. STIPULATION AND ORDER TO 19 Plaintiffs, CONTINUE TRIAL DATE, ETC. 20 vs. 21 HOMESITE INSURANCE COMPANY OF 22 CALIFORNIA, a California corporation; and DOES 1Through 10, inclusive. 23 24 Defendants. 25 26 Plaintiffs and Defendants (collectively referred to as “the Parties”), through their respectiv 27 counsel, have agreed and hereby stipulate as follows: 28 WHEREAS, CLAMPETT V. HOMSITE INSURANCE COMPANY OF CALIFOFRNIA — CASE NO. 21CV001804 STIPULATION AND ORDER TO CONTINUE TRIAL, ETC. 1 The hearing on Defendant Homesite Insurance Company of California’s Motion fo Summary Judgment, or in the alternative, for summary adjudication (“Defendant’s MSJ”), wag originally set for hearing on August 11, 2023, and trial is currently set for September 18, 2023; 2. The above-entitled Court reset the hearing on Defendant’s MSJ to August 21, 2023 notice of which was provided by mailing a “Notice of Resetting Hearing” to counsel for Plaintiffs and Defendant on July 7, 2023; 3. Following receipt of the Notice of Resetting Hearing, Plaintiffs believed that thei opposition to Defendant’s MSJ would be due to be filed and served fourteen calendar days prio: 10 to the new hearing date pursuant to Code of Civil Procedure, section 473c(b)(2), making thei ll 12 opposition due to be filed and served no later than August 7, 2023; 13 4. On August 1, 2023, the Parties attended a Mandatory Settlement Conference with Judga 14 Thomas W. Wills, during which he informed the Parties that Judge Carrie M. Panetta had wante 15 the Parties to file and serve their opposition and reply papers, respectively, according to deadlines 16 set by the original hearing date of August 11, 2023; 17 18 5. Based on Plaintiffs’ counsel being unaware of the Court’s intent that the Parties abide 19 by the original briefing schedule, Plaintiffs operated under the assumption that their Oppositio 20 was due to be filed and served no later than August 7, 2023; 21 6. The trial management reports and briefs are presently due to be filed and served on o1 22 before August 7, 2023; 23 24 7. The Parties were unable to reach a settlement at the Mandatory Settlement Conference 25 and agree that the best opportunity to reach a settlement in this matter will be to re-engage private 26 mediator Ralph Williams following the hearing on Defendant’s MSJ; 27 8. Plaintiffs’ counsel are unavailable during the month of October, 2023 and beginning o: 28 CLAMPETT V. HOMSITE INSURANCE COMPANY OF CALIFOFRNIA — CASE NO. 21CV001804 STIPULATION AND ORDER TO CONTINUE TRIAL, ETC. November, 2023, due to trials set in other matters; and 9. Counsel for all parties are available the weeks of December 11, 2023, and Decembey 18, 2023 WHEREFORE, THE PARTIES STIPULATE AS FOLLOWS 1 The hearing on Defendant’s MSJ shall be continued to September 5, 2023, or as sooi thereafter as the Court’s schedule permits 2. Plaintiffs’ Opposition to Defendants’ MSJ shall be filed and served no later than Augus 10 7, 2023, and Defendant’s Reply papers shall be filed and served no later than August 16, 2023 ll 12 3. Expert discovery shall commence after the hearing on Defendant’s MSJ, and shall closa 13 fourteen days after said date unless otherwise agreed to between the Parties 14 4. Non-expert discovery shall be completed pursuant to the current September 18, 2023 15 trial date 16 5. The trial in this matter shall be continued to December | 1, 2023, or as soon thereaftey 17 18 as the Court’s schedule permits; and 19 6. Trial Management Reports and Briefs shall be filed six (6) weeks prior to the new trial 20 date. 21 IT IS SO STIPULATED 22 23 24 HOLLINGSWORTH LAW FIRM 25 Dated:_S /3 /2S 26 wh oN Daniel D. Hollingsworth 27 Counsel for Plaintiffs Robert ciipet and Marianna Clampett 28 CLAMPETT¥. HOMSITE INSURANCE COMPANY OF CALIFOFRNIA — CASE NO, 21CV001804 STIPULATION AND ORDER TO CONTINUE TRIAL, ETC. Dated: August 3, 2023 COLMAN PERKINS LAW GROUP Barbara J. Mandell Counsel for Defendants Homesite Insurance Company of California SO STIPULATED, AND GOOD CAUSE APPEARING THEREFORE, IT ORDERED THAT, 10 1 The hearing on Defendant Homesite Insurance Company of California’s Mgg6n fol 11 Summary lgment, or in the alternative, for summary adjudication shall be ontinued t 12 2023; 13 2. Plaintiffs’ osition to Defendant Homesite Insurance, ompany of California’s 14 15 Motion for Summary Judgme or in the alternative, for summ; adjudication shall be filed and 16 served no later than August 7, 202 nd Defendant’s Rg@fy papers shall be filed and served n 17 later than August 16, 2023; 18 3. Expert discovery shall commen lay after the hearing on Defendant Homesite 19 Insurance Company of California’s tion for Sum: Judgment, or in the alternative, foy 20 21 summary adjudication, and shaj lose fourteen days after sar ate unless otherwise agreed to i 22 writing between the Part 23 4. Non-e: discovery shall be completed pursuant to the currel September 18, 2023 24 trial date; 25 The trial in this shall be continued to 26 27 d shall commence at a.m. in Department 14; 28 CLAMPETT V. HOMSITE INSURANCE COMPANY OF CALIFOFRNIA — CASE NO. 21CV001804 STIPULATION AND ORDER TO CONTINUE TRIAL, ETC. 1 6. Trial Management Reports and Briefs shall be filed s==6@=reekepsiemte=tesren=ert 2 him, 9/11/23. 3 The parties may use the briefing schedule they anticpated based on the hearing date of 8/21/23 for the motion for summarv iudament and are not required to follow oriainal briefing due dates for that motion. The court denies the motion to continue the jury trial. 8/4/2023 (iz Bah JUDGEOF THE SUPERIOR COURT CARRIE M. PANETTA 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLAMPETT V. HOMSITE INSURANCE COMPANY OF CALIFOFRNIA — CASE NO. 21CV001804 STIPULATION AND ORDER TO CONTINUE TRIAL, ETC.