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Andrew Hillier (State Bar No. 295779) APR 1 2022
Hillier 'Law a
I R COURT 0F CALIFORNIA
600 W. Broadway, Suite 700 SUPERC%UNTY 0F FRESNO
San Diego, CA 92101
BY—“'—'— DE'P'u'fv"
Telephone: (619) 500—7906
Facsimile: (619) 839-3895
andrew@ahillierlaw.com
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Attorney for Plaintiff,
A. Sameh E1 Kharbawy
Jesse J. Maddox, Bar No. 219091
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jmaddox@lcwlegal.com
Nathan T. Jackson, BarNo. 285620
njackson@lcwlegal.com RECEIVED
LIEBERT CASSIDY WHITMORE 4/12/2022 2:45 PM
A Professional Law Corporation FRESNO COUNTY SUPERIOR COURT
5250 North Palm Ave, Suite 3 10 By: Estela Alvarado, Deputy
Fresno, California 93704
Telephone: 559.256.7800
Facsimile: 559.449.4535
Attorneys for Defendants BOARD OF TRUSTEES OF
CALIFORNIA STATE UNIVERSITY, DARRYL L. HAMM,
LYNNETTE ZELEZNY, JOSEPH I. CASTRO, SAUL JIMENEZ-
SANDOVAL, AND XUANNTNG FU
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF FRESNO
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A. SAMEH EL KHARBAWY, Case No.: 2 1 CECG022 14
JOINT STIPULATION AND
VS.
Plaintiff,
[PW] ORDER TO STAY
PROCEEDINGS FOR 60 DAYS DUE T0
PLAINTIFF’S DEATH
BOARD OF TRUSTEES OF THE Dept: 503
CALIFORNIA STATE UNIVERSITY; Judge: Hon. Kimberly A. Gaab
DARRYL L. HAMM, an individual;
LYNNETTE ZELEZNY, an individual;
JOS'EPH I. CASTRO, an individual;
SAUL JIMENEZ-SANDOVAL, an individual;
XUANNING FU, an individual;
AND DOES 1through 50,
Defendants.
«JOINT STIPULATION TO STAY PROCEEDINGS AND PROPOSED ORDER
_ 1 -
9920578.] FR007-003
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WHEREAS, On December 14, 2021, Plaintiff’s counsel, Andrew Hillier, was informed
by Fresno County authorities that a deceased person was discovered at Plaintiffs home;
I
WHEREAS, on December 22, 2021, the Fresno County Coroner’s Office informed Mr.
I
Hillier that Plaintiff was deceased;
WHEREAS, on January 9, 2022, the Fresno County Coroner’s Office informed Mr.
KOOOQQUIAUJNH
Hillier that itcould not locate Plaintiff’s next of kih and that the matter of Plaifitiffs death had
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been referred to the Fresno County Public Administrator’s office;
WHEREAS, on January 12, 2022, the Court approved the Parties’ Joint Stipulation to
Stay this action for a period of 9O days to allow Mr. Hillier time to locate a “personal
representative” for Plaintiff’s estate;
WHEREAS, Mr. Hillier represents that he has been in consistent contact with Fresno
County Public Administrator’s office over the past three months and has been coordinating the
appointment of a personal representative With the Public Administrator and Fresno County
Counsel;
WHEREAS, MI. Hillier represents that Fresno County Counsel recently informed him
that the Public Administrator filed a probate action in which itwill request the probate coun
appoint the Public Administrator as personal representative for Plaintiff’s estate;
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WHEREAS, Mr. Hillier represents that Fresno County Counsel estimated that the
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probate court process for appointing the Public Administrator as personal representative would
take two months 0r less from this point;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and
between the undersigned counsel that:
1. The stay of proceedings in this matter is continued for an additional sixty (60)
WWW—
days to June 13, 2022;
2. The hearings on the two pending anti-SLAPP motions set for April 27, 2022 are
continued to matigflzgfi at 3: 30 p. m. in Dept. 503. mmdntxfihemfinthfixmmmnm
fix’mflm
-2 -
9920578.1 FR007-003
n.
3. The hearing on Defendant CSU’s Motion to Quash currently set for May 3, 2022
August 16, 2022
is continued to Mflxm at 3:30 pm. in Dept. 503, mmmmgxxhotmammwflm . .
mm
4. The hearing on Defendant Xuanning Fu’s Demurrer currently set for April 19,
2022
2022 iscontinued to RMWZ
July 26,
at 3:30 p.m. in Dept. 503, akmdmmfihmfixx
mamnxmmm
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5. The hearing on Defendant Lynette Zelezny’s Demurrer currently set for May 4,
2022 iscontinued to
August 23, 2022
21me at 3:30 p.m. in Dept. 503, mdawWWWth
mam
The hearing on Defendant Saul Jimenez—Sandoval’s Demurrer
MW
6. currently set for
August 23, 2022
May 4, 2022 is continued to at 3:30 p.m. in Dept. 503, mflmahmmfimm
mmmmmwm
The hearing on Defendant Darryl Hamm’s Demurrer currently set for June
Wat
7. 1,
September 1,2022
2022 iscontinued to 3:30 p.m. in Dept. 503, demmewafxaxxhaxfis
mznmxmomwm
8. The hearing on Defendant Joseph Castro’s Demurrer currently set for June
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l,
2022
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contmued to WWW
September 1,2022
at 3:30 pm. in Dept. 503,
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9. Within 10 calendar days of Mr. Hillier’s identification of an individual who can
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serve as Plaintiff’s‘successor—in—interest 01'personal representative for the purposes of
maintaining this action, he Will notify Defendants’ counsel and take the steps necessary to
appoint that individual as Plaintiff’s successor-in—interest or personal representative.
Dated: April 8, 2022 Hillier Law
Andrew E. Hillier,
Attorney for Plaintiff,
A. SAMEH EL KHARBAWY
JOINT STIPULATION TO STAY PROCEEDINGS AND PROPOSED ORDER
_ 3_
9920578.1 FR007-003
Dated: April 7,2022 Liebert Cassidy Whitmor
flaw
Jegse Maddox, Esq.
Nathan Jackson, Esq. V
Attorneys for Defendants, BOARD OF TRUSTEES
OF THE CALIFORNIA STATE UNIVERSITY;
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DARRYL L. HAMM, LYNNETTE ZELEZNY,
JOSEPHI. CASTRO; SAUL JIMENEZ-
SANDOVAL; and XUANNING FU
PURSUANT TO STIPULATION, IT IS SO ORDERED:
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Dated: Aprilfl 2022 Aaw/
Hon. Kimberly A. Gaab
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SUPERIOR COURT JUDGE
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JOINT STIPULATION TO STAY PROCEEDINGS AND PROPOSED ORDER
_4 _
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Vi f- WEE) 8 Andrew Hillier (State Bar No. 295779) APR 1 2022 Hillier 'Law a I R COURT 0F CALIFORNIA 600 W. Broadway, Suite 700 SUPERC%UNTY 0F FRESNO San Diego, CA 92101 BY—“'—'— DE'P'u'fv" Telephone: (619) 500—7906 Facsimile: (619) 839-3895 andrew@ahillierlaw.com \DOOVQLII-bLoJNv—A Attorney for Plaintiff, A. Sameh E1 Kharbawy Jesse J. Maddox, Bar No. 219091 m jmaddox@lcwlegal.com Nathan T. Jackson, BarNo. 285620 njackson@lcwlegal.com RECEIVED LIEBERT CASSIDY WHITMORE 4/12/2022 2:45 PM A Professional Law Corporation FRESNO COUNTY SUPERIOR COURT 5250 North Palm Ave, Suite 3 10 By: Estela Alvarado, Deputy Fresno, California 93704 Telephone: 559.256.7800 Facsimile: 559.449.4535 Attorneys for Defendants BOARD OF TRUSTEES OF CALIFORNIA STATE UNIVERSITY, DARRYL L. HAMM, LYNNETTE ZELEZNY, JOSEPH I. CASTRO, SAUL JIMENEZ- SANDOVAL, AND XUANNTNG FU SUPERIOR COURT OF THE STATE OF CALIFORNIA NNNNNNN'NNHw'HHHr—AHr—tu—‘r—t COUNTY OF FRESNO mqathNHoomflQm-hWNHO A. SAMEH EL KHARBAWY, Case No.: 2 1 CECG022 14 JOINT STIPULATION AND VS. Plaintiff, [PW] ORDER TO STAY PROCEEDINGS FOR 60 DAYS DUE T0 PLAINTIFF’S DEATH BOARD OF TRUSTEES OF THE Dept: 503 CALIFORNIA STATE UNIVERSITY; Judge: Hon. Kimberly A. Gaab DARRYL L. HAMM, an individual; LYNNETTE ZELEZNY, an individual; JOS'EPH I. CASTRO, an individual; SAUL JIMENEZ-SANDOVAL, an individual; XUANNING FU, an individual; AND DOES 1through 50, Defendants. «JOINT STIPULATION TO STAY PROCEEDINGS AND PROPOSED ORDER _ 1 - 9920578.] FR007-003 u‘; ~> ' WHEREAS, On December 14, 2021, Plaintiff’s counsel, Andrew Hillier, was informed by Fresno County authorities that a deceased person was discovered at Plaintiffs home; I WHEREAS, on December 22, 2021, the Fresno County Coroner’s Office informed Mr. I Hillier that Plaintiff was deceased; WHEREAS, on January 9, 2022, the Fresno County Coroner’s Office informed Mr. KOOOQQUIAUJNH Hillier that itcould not locate Plaintiff’s next of kih and that the matter of Plaifitiffs death had l been referred to the Fresno County Public Administrator’s office; WHEREAS, on January 12, 2022, the Court approved the Parties’ Joint Stipulation to Stay this action for a period of 9O days to allow Mr. Hillier time to locate a “personal representative” for Plaintiff’s estate; WHEREAS, Mr. Hillier represents that he has been in consistent contact with Fresno County Public Administrator’s office over the past three months and has been coordinating the appointment of a personal representative With the Public Administrator and Fresno County Counsel; WHEREAS, MI. Hillier represents that Fresno County Counsel recently informed him that the Public Administrator filed a probate action in which itwill request the probate coun appoint the Public Administrator as personal representative for Plaintiff’s estate; NNNNNNNNNb—AHr—‘h—IHh—tv—tr—HH WHEREAS, Mr. Hillier represents that Fresno County Counsel estimated that the mQOMhWNHowmflOxUI-DWNHO probate court process for appointing the Public Administrator as personal representative would take two months 0r less from this point; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel that: 1. The stay of proceedings in this matter is continued for an additional sixty (60) WWW— days to June 13, 2022; 2. The hearings on the two pending anti-SLAPP motions set for April 27, 2022 are continued to matigflzgfi at 3: 30 p. m. in Dept. 503. mmdntxfihemfinthfixmmmnm fix’mflm -2 - 9920578.1 FR007-003 n. 3. The hearing on Defendant CSU’s Motion to Quash currently set for May 3, 2022 August 16, 2022 is continued to Mflxm at 3:30 pm. in Dept. 503, mmmmgxxhotmammwflm . . mm 4. The hearing on Defendant Xuanning Fu’s Demurrer currently set for April 19, 2022 2022 iscontinued to RMWZ July 26, at 3:30 p.m. in Dept. 503, akmdmmfihmfixx mamnxmmm \o‘oouoxmbwm.‘ 5. The hearing on Defendant Lynette Zelezny’s Demurrer currently set for May 4, 2022 iscontinued to August 23, 2022 21me at 3:30 p.m. in Dept. 503, mdawWWWth mam The hearing on Defendant Saul Jimenez—Sandoval’s Demurrer MW 6. currently set for August 23, 2022 May 4, 2022 is continued to at 3:30 p.m. in Dept. 503, mflmahmmfimm mmmmmwm The hearing on Defendant Darryl Hamm’s Demurrer currently set for June Wat 7. 1, September 1,2022 2022 iscontinued to 3:30 p.m. in Dept. 503, demmewafxaxxhaxfis mznmxmomwm 8. The hearing on Defendant Joseph Castro’s Demurrer currently set for June WGWWH l, 2022 _ 1s I contmued to WWW September 1,2022 at 3:30 pm. in Dept. 503, ' mmmmmfioufix NNNNNNNNNHHD—‘HHb—‘Hi—IHH 9. Within 10 calendar days of Mr. Hillier’s identification of an individual who can “\IONMhWNI—‘OXDOOQQm-PWNHO serve as Plaintiff’s‘successor—in—interest 01'personal representative for the purposes of maintaining this action, he Will notify Defendants’ counsel and take the steps necessary to appoint that individual as Plaintiff’s successor-in—interest or personal representative. Dated: April 8, 2022 Hillier Law Andrew E. Hillier, Attorney for Plaintiff, A. SAMEH EL KHARBAWY JOINT STIPULATION TO STAY PROCEEDINGS AND PROPOSED ORDER _ 3_ 9920578.1 FR007-003 Dated: April 7,2022 Liebert Cassidy Whitmor flaw Jegse Maddox, Esq. Nathan Jackson, Esq. V Attorneys for Defendants, BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY; \ooouaumgwm... DARRYL L. HAMM, LYNNETTE ZELEZNY, JOSEPHI. CASTRO; SAUL JIMENEZ- SANDOVAL; and XUANNING FU PURSUANT TO STIPULATION, IT IS SO ORDERED: O p—A K/f I—I n—n HN Dated: Aprilfl 2022 Aaw/ Hon. Kimberly A. Gaab p—A LL) SUPERIOR COURT JUDGE ¢- p—A —- LII Ha \l »—- 0° .—A KO n—n NO NH NN N DJ NA N (J1 ' N O\ N \I NW ‘ JOINT STIPULATION TO STAY PROCEEDINGS AND PROPOSED ORDER _4 _