On August 23, 2021 a
Stipulation,Agreement
was filed
involving a dispute between
Fraser, Marcel,
Fraser, Rebecca,
and
Calportland Construction,
City Of Santa Barbara,
County Of Santa Barbara,
State Of California,
State Of California Department Of Transportation,
for Unlimited Other PI/PD/WD (23)
in the District Court of Santa Barbara County.
Preview
1
SANTA BARBARA COUNTY COUNSEL
2 RACHEL VAN MULLEM, County Counsel
JULIUS ABANISE, Deputy (Bar No. 279713)
3 105 East Anapamu Street, Suite 201
Santa Barbara, California 93101
4 Telephone (805) 568-2950 / Fax (805) 568-2983
E-mail: jabanise@countyofsb.org
5
Attorneys for Defendant
6 COUNTY OF SANTA BARBARA
7
8
9 Exempt From Filing Fees Pursuant To Gov. Code § 6103
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 FOR THE COUNTY OF SANTA BARBARA
12 ANACAPA DIVISION
13
REBECCA FRASER; MARCEL FRASER, Case No: 21CV03390
14
15 Plaintiffs, STIPULATION
16 v.
17 COUNTY OF SANTA BARBARA, CITY OF
SANTA BARBARA; STATE OF Assigned Judge: Hon. Colleen K. Sterne
18 CALIFORNIA, DEPARTMENT OF Dept: SB5
TRANSPORTATION; and DOES 1-100, Current Date: October 31, 2022
19 Proposed Date: January 30, 2023
Defendants.
20
21 Plaintiffs REBECCA FRASER; MARCEL FRASER and Defendant COUNTY OF
22 SANTA BARBARA (“County”), through their respective counsel, enter into this Stipulation
23 based on the following facts:
24
25 STIPULATION
26 The parties hereby agree and stipulate to the following:
27
COUNTY COUNSEL
County of Santa Barbara
105 East Anapamu Street
Santa Barbara, CA 93101
(805) 568-2950
28
1.
STIPULATION
1 1. This case is set for Readiness & Settlement Conference on October 27, 2023 and trial
2 on November 20, 2023. The current expert witness discovery deadline is November 6,
3 2023.
4 2. On July 28, 2023 the Court moved the hearings dates for the Motions for Summary
5 Judgments filed by CalPortland and the County of Santa Barbara from July 31, 2023
6 to October 16, 2023.
7 3. Prior to the Court’s order, the parties had scheduled a mediation with RA Carrington.
8 for October 3, 2023. All the parties had agreed that it would be advantageous to have
9 a mediation after the hearings on the Summary Judgment motions and prior to the
10 expenditure of funds for expert witness discovery.
11 4. An October 16, 2023 hearing on the Summary Judgment Motions inadvertently
12 frustrates the schedule the parties agreed to amongst themselves. The result of the
13 Summary Judgment motions will greatly influence what, if any, progress can be made
14 at a mediation.
15 5. The parties will reschedule the October 3, 2023 mediation for a date subsequent to the
16 October 16, 2023 hearing on the Summary Judgment motions.
17 6. The foregoing recitals are incorporated by reference into this Stipulation.
18 7. The parties request that the trial date be continued to February 12, 2024 or a date
19 thereafter that is available on the Court’s calendar, and the readiness and settlement
20 conference be continued to January 12, 2024.
21 8. The parties agree that all trial related dates, including deadlines relating to fact and
22 expert discovery and pre-trial motion cut-off dates, shall follow the new trial date.
23
24 22 2023
Dated: August ___, MAHO & PRENTICE, LLP
25
26 By:___________________
Chad Prentice
27
COUNTY COUNSEL
County of Santa Barbara
105 East Anapamu Street Attorneys for Plaintiffs
Santa Barbara, CA 93101
Rebecca Fraser and Marcel Fraser
(805) 568-2950
28
2.
STIPULATION
1
Dated: August ___, 2023 RACHEL VAN MULLEM
2 COUNTY COUNSEL
3
By: ____________________
4 Julius Abanise
Deputy County Counsel
5 Attorneys for Defendant
COUNTY OF SANTA BARBARA
6
Dated: August 21 , 2023 CHRISTENSEN HSU SIPES LLP
7
8
By: __________________________
9 Joshua Watts
Attorneys for Defendant CalPortland
10 Construction
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COUNTY COUNSEL
County of Santa Barbara
105 East Anapamu Street
Santa Barbara, CA 93101
(805) 568-2950
28
3.
STIPULATION
1 [PROPOSED] ORDER
2 GOOD CAUSE APPEARING THEREFORE,
3
4 1. The Trial date in this matter is continued from November 20, 2023 to _____________
5 and the readiness and settlement conference is continued from October 27, 2023 to
6 ___________________. All other dates associated with the trial and readiness and
7 settlement conference dates, are continued to conform to these new dates.
8
9 IT IS SO ORDERED
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11 DATED: __________, 2023 ______________________________________
Hon. Colleen K. Sterne
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COUNTY COUNSEL
County of Santa Barbara
105 East Anapamu Street
Santa Barbara, CA 93101
(805) 568-2950
28
4.
STIPULATION
Document Filed Date
August 22, 2023
Case Filing Date
August 23, 2021
Category
Unlimited Other PI/PD/WD (23)
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1 SANTA BARBARA COUNTY COUNSEL 2 RACHEL VAN MULLEM, County Counsel JULIUS ABANISE, Deputy (Bar No. 279713) 3 105 East Anapamu Street, Suite 201 Santa Barbara, California 93101 4 Telephone (805) 568-2950 / Fax (805) 568-2983 E-mail: jabanise@countyofsb.org 5 Attorneys for Defendant 6 COUNTY OF SANTA BARBARA 7 8 9 Exempt From Filing Fees Pursuant To Gov. Code § 6103 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF SANTA BARBARA 12 ANACAPA DIVISION 13 REBECCA FRASER; MARCEL FRASER, Case No: 21CV03390 14 15 Plaintiffs, STIPULATION 16 v. 17 COUNTY OF SANTA BARBARA, CITY OF SANTA BARBARA; STATE OF Assigned Judge: Hon. Colleen K. Sterne 18 CALIFORNIA, DEPARTMENT OF Dept: SB5 TRANSPORTATION; and DOES 1-100, Current Date: October 31, 2022 19 Proposed Date: January 30, 2023 Defendants. 20 21 Plaintiffs REBECCA FRASER; MARCEL FRASER and Defendant COUNTY OF 22 SANTA BARBARA (“County”), through their respective counsel, enter into this Stipulation 23 based on the following facts: 24 25 STIPULATION 26 The parties hereby agree and stipulate to the following: 27 COUNTY COUNSEL County of Santa Barbara 105 East Anapamu Street Santa Barbara, CA 93101 (805) 568-2950 28 1. STIPULATION 1 1. This case is set for Readiness & Settlement Conference on October 27, 2023 and trial 2 on November 20, 2023. The current expert witness discovery deadline is November 6, 3 2023. 4 2. On July 28, 2023 the Court moved the hearings dates for the Motions for Summary 5 Judgments filed by CalPortland and the County of Santa Barbara from July 31, 2023 6 to October 16, 2023. 7 3. Prior to the Court’s order, the parties had scheduled a mediation with RA Carrington. 8 for October 3, 2023. All the parties had agreed that it would be advantageous to have 9 a mediation after the hearings on the Summary Judgment motions and prior to the 10 expenditure of funds for expert witness discovery. 11 4. An October 16, 2023 hearing on the Summary Judgment Motions inadvertently 12 frustrates the schedule the parties agreed to amongst themselves. The result of the 13 Summary Judgment motions will greatly influence what, if any, progress can be made 14 at a mediation. 15 5. The parties will reschedule the October 3, 2023 mediation for a date subsequent to the 16 October 16, 2023 hearing on the Summary Judgment motions. 17 6. The foregoing recitals are incorporated by reference into this Stipulation. 18 7. The parties request that the trial date be continued to February 12, 2024 or a date 19 thereafter that is available on the Court’s calendar, and the readiness and settlement 20 conference be continued to January 12, 2024. 21 8. The parties agree that all trial related dates, including deadlines relating to fact and 22 expert discovery and pre-trial motion cut-off dates, shall follow the new trial date. 23 24 22 2023 Dated: August ___, MAHO & PRENTICE, LLP 25 26 By:___________________ Chad Prentice 27 COUNTY COUNSEL County of Santa Barbara 105 East Anapamu Street Attorneys for Plaintiffs Santa Barbara, CA 93101 Rebecca Fraser and Marcel Fraser (805) 568-2950 28 2. STIPULATION 1 Dated: August ___, 2023 RACHEL VAN MULLEM 2 COUNTY COUNSEL 3 By: ____________________ 4 Julius Abanise Deputy County Counsel 5 Attorneys for Defendant COUNTY OF SANTA BARBARA 6 Dated: August 21 , 2023 CHRISTENSEN HSU SIPES LLP 7 8 By: __________________________ 9 Joshua Watts Attorneys for Defendant CalPortland 10 Construction 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COUNTY COUNSEL County of Santa Barbara 105 East Anapamu Street Santa Barbara, CA 93101 (805) 568-2950 28 3. STIPULATION 1 [PROPOSED] ORDER 2 GOOD CAUSE APPEARING THEREFORE, 3 4 1. The Trial date in this matter is continued from November 20, 2023 to _____________ 5 and the readiness and settlement conference is continued from October 27, 2023 to 6 ___________________. All other dates associated with the trial and readiness and 7 settlement conference dates, are continued to conform to these new dates. 8 9 IT IS SO ORDERED 10 11 DATED: __________, 2023 ______________________________________ Hon. Colleen K. Sterne 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COUNTY COUNSEL County of Santa Barbara 105 East Anapamu Street Santa Barbara, CA 93101 (805) 568-2950 28 4. STIPULATION