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Cindy M Hann vs Theresa Lynn Colosi

Case Number

20CV01984

Case Type

Civil Law & Motion

Hearing Date / Time

Mon, 10/21/2024 - 10:00

Nature of Proceedings

1) CMC; 2) Motion: Leave to Amended Cross Complaint

Tentative Ruling

The motion by Theresa Colosi for leave to file a Second Amended Cross-Complaint is currently set for hearing on October 21, 2024. However, on October 8, 2024, the Montecito Bank & Trust cross-defendants filed a Code of Civil Procedure section 391.1 motion to have cross-complainant Colosi declared a vexatious litigant and to require her to furnish security. That motion is set for hearing on December 16, 2024. Pursuant to the terms of Code of Civil Procedure section 391.6, when a motion pursuant to Section 391.1 is filed prior to trial, “the litigation is stayed” until 10 days after the Section 391.1 motion has been denied or, if the motion is granted, until 10 days after the required security has been furnished and the moving defendant is given written notice thereof.

Consequently, neither the current hearing on Colosi’s motion for leave to file a second amended cross-complaint, nor the hearing on the demurrer filed by cross-defendant Dan McGrew, which is set on November 4, 2024, can proceed as scheduled, and the Court will vacate both hearings. Those hearings will be rescheduled by the Court following the December 16, 2024, hearing on the motion to have Colosi declared a vexatious litigant and to post security.

The Court notes that, because Hann’s underlying personal injury complaint was severed from the cross-complaint and ordered to proceed separately, the stay of the litigation does not apply to the underlying complaint, and only acts to stay Colosi’s cross-action.

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