CMC; Motion Change Venue; Motion to Strike
Case Number
Case Type Civil Law & Motion Hearing Date / Time Fri, 06/05/2026 - 10:00 Nature of Proceedings CMC; Demurrer and Motion to Strike; Motion: Change Venue; Motion: Vexatious Litigant
Tentative Ruling For all reasons stated herein: (1) Defendant Montecito Bank and Trust's (MBT) motion for order declaring plaintiff Theresa Colosi (Colosi) a vexatious litigant, requiring plaintiff Colosi to furnish security, and barring plaintiff Colosi from filing further actions in propria persona without leave of court is granted. On or before July 6, 2026, plaintiff Colosi shall furnish a security for the benefit of MBT in the amount of $15,000. (2) Defendant California Medical Board's motion to transfer venue is continued to July 10, 2026, at 10 a.m. in this department.
This action shall remain stayed for all other purposes pending the resolution of the motion to transfer venue and the furnishing of security by plaintiff Colosi. (3) Defendant MBT's demurer to complaint is continued to August 28, 2026, at 10 a.m. in this department. (4) Defendant MBT's motion to strike is continued to August 28, 2026, at 10 a.m. in this department.
Background: (1) Underlying Criminal Proceeding The following background is summarized from the October 13, 2023, minute order entered by this court in Montecito Bank & Trust v. Theresa Colosi, et al., Santa Barbara Superior Court case No. 22CV04591 (Interpleader Action). (See MBT Compendium of Exhibits in Support of Its Motion for Security [Compendium], Ex. 1.)
Starting in May 2019, defendant Cynthia Hann (Hann) was designated and hired to supervise Colosi's scheduled visitations with her son, John Doe. (Compendium, Ex. 1 at p. 2.) On December 8, 2019, Hann was scheduled to supervise a 3-hour visit between Colosi and John Doe. (Ibid.) Hann, John Doe, and Colosi initially met at a coffee shop in Santa Barbara. (Ibid.) Colosi then asked to spend the remainder of the time together at Zodo's Bowling and Beyond (Zodo's) in Goleta. (Ibid.) After arriving at Zodo's, and while still in the parking lot, Colosi suddenly attacked Hann by repeatedly striking her on the head with a metal CO2 canister. (Ibid.)
On December 23, 2019, Colosi was charged with five counts, including (1) Count 1, attempted murder [Pen. Code, Sec.Sec. 664/187(a)], a felony, (2) Count 2, assault with a deadly weapon [Pen. Code, Sec. 245(a)(1)], a felony, (3) Count 3, attempted kidnapping of a child under 14 [Pen. Code Sec.Sec. 664/207(a)/(e)], a felony, (4) Count 4, attempted child stealing [Pen. Code, Sec.Sec. 664/278], a felony, and (5) Count 5, disobeying domestic relations court order [Pen. Code Sec. 273.6(a)], a misdemeanor. (People v. Colosi, Santa Barbara Superior Court Case No. 19CR12190 [Underlying Criminal Proceeding].). (Compendium, Ex. 1 at p. 2.)
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Colosi eventually pleaded guilty to assault with personal use of a deadly weapon, a felony, and admitted the special allegation of causing great bodily injury. (Compendium, Ex. 1 at pp. 2-4.) In return, the remaining counts were dismissed and a sentence of five years imprisonment imposed. (Ibid.)
(2) Interpleader Action Colosi had planned to abduct John Doe and flee, and had previously chartered a
that were previously rejected by this court in the Interpleader Action and the Haan Action, and voluntarily dismissed by Colosi in the May 2025 Action. After considering the evidence and argument presented by the parties, the court finds there is no reasonable probability that Colosi can prevail against MBT in this action. For all these reasons, the court will grant MBT's request that Colosi furnish an undertaking in the amount of $15,000. (See Cox Decl., P.P. 2-4.)
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