Preview
Pursuant to CRC 2.259 this document has been electronically filed by the
Superior Court of California, County of Santa Barbara, on 3/8/2021
Mark T. Coffin, State Bar No. 168571
1 Scott A. Jaske, State Bar No. PL-461842
2 MARK T. COFFIN, P.C. F I L E D
SUPERIOR COURT of CALIFORNIA
21 E. Carrillo Street, Suite 240 COUNTY of SANTA BARBARA
3 Santa Barbara, California 93101
03/18/2021
Telephone: (805) 248-7118
4 Darrel E. Parker, Executive Officer
Facsimile: (866) 567-4028 Chavez, Terri
BY________________________
Email: mtc@markcoffinlaw.com Deputy Clerk
5 Email: scott@markcoffinlaw.com
6 Attorneys for Plaintiff DAVID G. BERTRAND and DOROTHY CHURCHILL-JOHNSON
7
8 SUPERIOR COURT OF CALIFORNIA
9 FOR THE COUNTY OF SANTA BARBARA
10
11 DAVID G. BERTRAND, an Individual, Case No. 19CV02429
DOROTHY CHURCHILL-JOHNSON, an
12 Individual, [PROPOSED] ORDER ON HEARING
13 ON ORDER TO SHOW CAUSE FOR
Plaintiff,
CONTEMPT OF COURT BY
14 vs. DEFENDANT JESSICA BERRY
15 JESSICA BERRY, an Individual, and DOES 1 Date: Monday, March 8, 2021
through 100, Inclusive, Time: 10:00 a.m.
16 Dept: D5
Defendants.
17 Assigned to the
Hon. Colleen K. Sterne
18 Dept: 5
Complaint Date: May 7, 2019
19 Trial Date: March 22, 2021
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[PROPOSED] ORDER ON HEARING ON ORDER TO SHOW CAUSE FOR CONTEMPT OF COURT BY
DEFENDANT JESSICA BERRY
|PROPOSED| ORDER
Based upon Plaintiffs’ moving papers and oral argument at the hearing, and for GOOD
CAUSE SHOWN, it is Ordered that:
. Plaintiffs’ Application for Order to Show Cause (OSC) re: Contempt is granted.
. Defendant Jessica Berry is found to be in Contempt of Court, but is allowed to purge
the Contempt by complying with the Court’s December 1, 2020 and February 3, 2021
Orders by immediately serving complete, verified, objection-free responses to
Plaintiffs’ Supplemental Discovery by close of business on Tuesday, March 9, 2021.
10 . Defendant Jessica Berry is Ordered to submit to a continued deposition in the case Via
11 Zoom, on Friday, March 12, 2021, at 10:00 a.m., pursuant to written Notice from
12 Plaintiffs.
13 . Defendant Jessica Berry shall respond to deposition questions in good faith, in a civil
14 manner, without unnecessary argument or ad hominem commentary.
15 . Defendant Jessica Berry shall pay sanctions to Plaintiffs in the amount of $1,000.00 for
16 fees and costs incurred in connection with Plaintiffs’ Ex Parte Application for Order to
17 Show Cause (OSC) re: Contempt.
18 '. The Trial Setting Conference for Santa Barbara Superior Court Case Numbers:
19 19CV02357, 19CV02429, 20CV03259, and 20CV03231 shall be continued to March
20 22, 2021, at 11:30 a.m., in Department 5 of the above-captioned Court.
21 . Defendant Jessica Berry’s address of record for service of process in this case shall be
22 BergJessicaO37@gmail.c0m.
23 . Moving Parties may also use the electronic mailing address of
24 BerglessicaO37cgmail.com for service in Santa Barbara Superior Court Case
25 Numbers: 19CV02357, 20CV03259, and 20CV03231.
26 ///
27 ///
28 ///
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[PROPOSED] ORDER ON HEARING ON ORDER TO SHOW CAUSE FOR CONTEMPT OF COURT BY
DEFENDANT JESSICA BERRY
1 9. ______________________________________________________________________
2 ______________________________________________________________________
3 _____________________________________________________________________.
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5 IT IS SO ORDERED.
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7 03/17/2021
DATED: _______________________ _______________________________________
8 Honorable Colleen K. Sterne
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[PROPOSED] ORDER ON HEARING ON ORDER TO SHOW CAUSE FOR CONTEMPT OF COURT BY
DEFENDANT JESSICA BERRY
PROOF OF SERVIC Ii
S TATE OF C ALIFORN l A, C OUNTY OF SANTA B A RB ARA
1am employed in the Cuunty of Sama Barbara, Stale of California. I am UVET‘ the age of l 3
My business address is 2] E. Carrilio Street, Suite 240, Santa
years and not a many to this action.
Barbara1 California 93101. On March 8., 202], I served the foregoing documents described as
[PROPOSED] ORDER 0N HEARING ON ORDER TO SHOW CAUSE FOR CGNTEE‘JPT
0F COURT BY DEFENDANT JESSICA BERRY, on the interested parties in this action:
Address .
Party
Jessica Berry
‘mfi‘fli‘d BEER R [Inpro per.
E: Bin-'CSS'ICEUE T-‘iil .cnm
‘ITIIzjiI
BY LLS. MAIL: This document was served by Unilcd States mail through the US Postal
El document in a scaled envelope or package addressed lothe pcrsnn{s)
Service. I enclosed the
at [he address{es} above and ptaccd the enve!npc(s] for collection and mailing: following our
ordinary business practices. I am readily familiar with this Eirm’s practice ot'collcc1ing and
processing correspondence For mailing, 0n the same day that correspondence is placed for
collection and mailing, it is deposited in the ordinary courage of business with the United
States Postal Service at Santa Barbara, California, in :1 scaked envelope with posLagc fully
paid.
VIA EMAIL: I served the documents above on ali par-ticsvia electronic mail, to lhc
m addresses as listed on the anachcd service list1 following my employer‘s business practice for
collection and processing of correspondencc. Such electronic transmission was reported as
complete and without error on this date.
l3] (State) I declare under penalty of perjury under the laws ofthe State of California that the
fomgning is true and correct.
Executed on March EL 202l, at Santa Barbara; California.
,
Scfifi A.
W Jaskc
m
4
[PROPOSED] (JRDER ON |IEARING 0?: ORDER TO wow CAUSIL l-‘OR CON'I'I {M PT 0F COURT BY
DEFENDANT JESSICA BERRY
Preview
Pursuant to CRC 2.259 this document has been electronically filed by the Superior Court of California, County of Santa Barbara, on 3/8/2021 Mark T. Coffin, State Bar No. 168571 1 Scott A. Jaske, State Bar No. PL-461842 2 MARK T. COFFIN, P.C. F I L E D SUPERIOR COURT of CALIFORNIA 21 E. Carrillo Street, Suite 240 COUNTY of SANTA BARBARA 3 Santa Barbara, California 93101 03/18/2021 Telephone: (805) 248-7118 4 Darrel E. Parker, Executive Officer Facsimile: (866) 567-4028 Chavez, Terri BY________________________ Email: mtc@markcoffinlaw.com Deputy Clerk 5 Email: scott@markcoffinlaw.com 6 Attorneys for Plaintiff DAVID G. BERTRAND and DOROTHY CHURCHILL-JOHNSON 7 8 SUPERIOR COURT OF CALIFORNIA 9 FOR THE COUNTY OF SANTA BARBARA 10 11 DAVID G. BERTRAND, an Individual, Case No. 19CV02429 DOROTHY CHURCHILL-JOHNSON, an 12 Individual, [PROPOSED] ORDER ON HEARING 13 ON ORDER TO SHOW CAUSE FOR Plaintiff, CONTEMPT OF COURT BY 14 vs. DEFENDANT JESSICA BERRY 15 JESSICA BERRY, an Individual, and DOES 1 Date: Monday, March 8, 2021 through 100, Inclusive, Time: 10:00 a.m. 16 Dept: D5 Defendants. 17 Assigned to the Hon. Colleen K. Sterne 18 Dept: 5 Complaint Date: May 7, 2019 19 Trial Date: March 22, 2021 20 21 22 23 24 25 26 27 28 1 [PROPOSED] ORDER ON HEARING ON ORDER TO SHOW CAUSE FOR CONTEMPT OF COURT BY DEFENDANT JESSICA BERRY |PROPOSED| ORDER Based upon Plaintiffs’ moving papers and oral argument at the hearing, and for GOOD CAUSE SHOWN, it is Ordered that: . Plaintiffs’ Application for Order to Show Cause (OSC) re: Contempt is granted. . Defendant Jessica Berry is found to be in Contempt of Court, but is allowed to purge the Contempt by complying with the Court’s December 1, 2020 and February 3, 2021 Orders by immediately serving complete, verified, objection-free responses to Plaintiffs’ Supplemental Discovery by close of business on Tuesday, March 9, 2021. 10 . Defendant Jessica Berry is Ordered to submit to a continued deposition in the case Via 11 Zoom, on Friday, March 12, 2021, at 10:00 a.m., pursuant to written Notice from 12 Plaintiffs. 13 . Defendant Jessica Berry shall respond to deposition questions in good faith, in a civil 14 manner, without unnecessary argument or ad hominem commentary. 15 . Defendant Jessica Berry shall pay sanctions to Plaintiffs in the amount of $1,000.00 for 16 fees and costs incurred in connection with Plaintiffs’ Ex Parte Application for Order to 17 Show Cause (OSC) re: Contempt. 18 '. The Trial Setting Conference for Santa Barbara Superior Court Case Numbers: 19 19CV02357, 19CV02429, 20CV03259, and 20CV03231 shall be continued to March 20 22, 2021, at 11:30 a.m., in Department 5 of the above-captioned Court. 21 . Defendant Jessica Berry’s address of record for service of process in this case shall be 22 BergJessicaO37@gmail.c0m. 23 . Moving Parties may also use the electronic mailing address of 24 BerglessicaO37cgmail.com for service in Santa Barbara Superior Court Case 25 Numbers: 19CV02357, 20CV03259, and 20CV03231. 26 /// 27 /// 28 /// 2 [PROPOSED] ORDER ON HEARING ON ORDER TO SHOW CAUSE FOR CONTEMPT OF COURT BY DEFENDANT JESSICA BERRY 1 9. ______________________________________________________________________ 2 ______________________________________________________________________ 3 _____________________________________________________________________. 4 5 IT IS SO ORDERED. 6 7 03/17/2021 DATED: _______________________ _______________________________________ 8 Honorable Colleen K. Sterne 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] ORDER ON HEARING ON ORDER TO SHOW CAUSE FOR CONTEMPT OF COURT BY DEFENDANT JESSICA BERRY PROOF OF SERVIC Ii S TATE OF C ALIFORN l A, C OUNTY OF SANTA B A RB ARA 1am employed in the Cuunty of Sama Barbara, Stale of California. I am UVET‘ the age of l 3 My business address is 2] E. Carrilio Street, Suite 240, Santa years and not a many to this action. Barbara1 California 93101. On March 8., 202], I served the foregoing documents described as [PROPOSED] ORDER 0N HEARING ON ORDER TO SHOW CAUSE FOR CGNTEE‘JPT 0F COURT BY DEFENDANT JESSICA BERRY, on the interested parties in this action: Address . Party Jessica Berry ‘mfi‘fli‘d BEER R [Inpro per. E: Bin-'CSS'ICEUE T-‘iil .cnm ‘ITIIzjiI BY LLS. MAIL: This document was served by Unilcd States mail through the US Postal El document in a scaled envelope or package addressed lothe pcrsnn{s) Service. I enclosed the at [he address{es} above and ptaccd the enve!npc(s] for collection and mailing: following our ordinary business practices. I am readily familiar with this Eirm’s practice ot'collcc1ing and processing correspondence For mailing, 0n the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary courage of business with the United States Postal Service at Santa Barbara, California, in :1 scaked envelope with posLagc fully paid. VIA EMAIL: I served the documents above on ali par-ticsvia electronic mail, to lhc m addresses as listed on the anachcd service list1 following my employer‘s business practice for collection and processing of correspondencc. Such electronic transmission was reported as complete and without error on this date. l3] (State) I declare under penalty of perjury under the laws ofthe State of California that the fomgning is true and correct. Executed on March EL 202l, at Santa Barbara; California. , Scfifi A. W Jaskc m 4 [PROPOSED] (JRDER ON |IEARING 0?: ORDER TO wow CAUSIL l-‘OR CON'I'I {M PT 0F COURT BY DEFENDANT JESSICA BERRY