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1 William A. Daniels, Esq. (SBN 172042)
2 William A. Daniels, Jr., Esq. (SBN 315867)
DANIELS LAW
3 15021 Ventura Boulevard, #883
Sherman Oaks, CA 91403
4 Tel: 818/907-8073
Fax: 818/332-1284
5 Bill@DanielsLaw.com
6
Attorneys for Plaintiff,
7 JAMES WELCH
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
10 FOR THE COUNTY OF KERN
11
JAMES WELCH as personal Case No: BCV-20-100434TSC
12 representative for the ESTATE OF
CARMEN J. HADLEY,
NOTICE OF RULING FOR PLAINTIFF'S
Plaintiff, MOTION FOR SUMMARY
vs. ADJUDICATION
THE HAROLD CRAWFORD COMPANY,
INC.; DOES 1 through 25, inclusive, Assigned To: Hon. Thomas S. Clark
17 Dept: "17"
Defendants.
r:rJ 18 Complaint Filed on: February 13, 2020
1~
N
:
21
AND CROSS-COMPLAINT
~ 22 This matter was heard on August 16, 2022, at 8:30 a.m. in Department 17, the
23 Hon. Thomas S. Clark, Presiding. The parties were represented by William A. Daniels,
24 Jr. for the plaintiff, James Welch and Dustin S. Dodgin for the defendant, Harold
25 Crawford Co., Inc.
26 After considering the papers filed in connection with the Motion for Summary
27 Adjudication, the Court ruled as follows:
Plaintiff's Motion for Summary Adjudication is denied without prejudice.
28
1
NOTICE OF RULING FOR PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION
1 A true copy of the Court's minutes from the hearing on August 16, 2022, are
2 attached as Exhibit "1."
3
Date: August 17, 2022 DANIELS LAW
4
5
6
7
William A. Daniels, Jr.
8 Attorneys for Plaintiff
James Welch
9 As personal representative
10 For the Estate of Carmen J. Hadley
11
12
17
23
24
25
26
27
28
2
NOTICE OF RULING FOR PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION
EXHIBIT 1
Superior Court of California
County of Kern
Bakersfield Department 17
Date: 08/16/2022 Time: 8:30 AM - 12:00 PM
BCV-20-100434
JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF CARMEN J. HADLEY VS HAROLD CRAWFORD
CO., INC.
Courtroom Staff
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court reporter: Naomi S. Alvarez Bailiff: Deputy Sheriff
Interpreter: Language of:
NATURE OF PROCEEDINGS: MOTION FOR SUMMARY ADJUDICATION
Hearing Start Time: 8:37 AM
The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected.
The Court appoints Naomi Alvarez from the Pro Tempore list as the Official Court Reporter for Plaintiff's Motion for
Summary Judgment. Oath on file.
Counsel William A. Daniels appeared on behalf of Plaintiff/Cross-Defendant.
Counsel Dustin S. Dodgin appeared on behalf of Defendant/Cross-Complainant.
Matter argued by counsel and submitted.
The Court makes the following findings and orders:
Plaintiff's Motion for Summary Adjudication - Denied.
Plaintiff seeks a determination from the court that Defendant Harold Crawford Co ., Inc. owes a duty to pay Plaintiff
James Welch as personal representative for the Estate of Carmen J. Hadley under the 2007 Harold Crawford Co.
Independent Contractor Agreement.
Plaintiffs moving for summary judgment have the burden of persuasion that each element of the cause of action
has been proved and has the burden to produce admissible evidence on each element of a cause of action .
Plaintiff's operative Third Amended Complaint here alleges a breach of contract cause of action with respect to the
2007 Agreement.
MINUTES
Page 1 of 5
JAMES WELCH AS PERSONAL REPRESE NTATIVE FOR THE ESTATE OF BCV-20-100434
CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC.
Looking at said agreement, it states it is by and between James Hadley, an individual doing business as Hadley
Enterprises, and The Harold Crawford Company, Inc., a California Corporation.
It is undisputed that the 2007 Agreement includes the words that "[u]pon Hadley's death, if after 2014, the Spouse
shall receive Seventy Five Thousand Dollard and No Cents ($75,000.00) through 2025. If Hadley passes away before
2014, the Spouse will receive $100,000 until 2014 and $75,000 from 2015 through 2025."
It is undisputed that the 2007 Agreement provides that the "Agreement shall insure to and for the benefit of and
be binding upon each party's respective ... heirs .. .past, present, and future."
It is undisputed that the 2007 Agreement includes a paragraph with the words "This agreement contains the entire
agreement between the parties ... "
It is undisputed that James Hadley died in February 2010.
It is undisputed that following James Hadley's death, Harold Crawford Company made payments under the 2007
Agreement to Carmen Hadley until her death on September 13, 2019, after which Harold Crawford stopped paying
monies on September 30, 2019.
While the moving memorandum argues that Defendant has "a duty to continue payments to Carmen Hadley
and/or her heirs until 2025" (moving memorandum, pg. 5:26-28), the 2007 Agreement's language does not clearly
support such a conclusion as a matter of law. As stated in FACT 4, the Agreement "inures to and for the benefit
of.. .each party's respective ... heirs ... past, present, and future", but Carmen Hadley does not appear to have been a
party to the 2007 Agreement as pointed out by the opposition in opposing FACT 4. James Hadley was a party.
The moving papers did not present any evidence as to who James Hadley's heirs, past, present and future were or
are. To the extent Carmen Hadley was James Hadley's heir, the agreement appears to be silent as to the effect of
James Hadley's heir's, Carmen Hadley's, death on Harold Crawford's obligation to render payment.
Plaintiff appears to be seeking a court order directing Defendant to pay the heir's heirs, which is not clearly
warranted based on the plain language of the 2007 Agreement and the evidence before the court at this time.
Moving Plaintiff has failed to meet its burden of persuasion and production and the court cannot presently
conclude as a matter of law that Defendant has a duty to pay Plaintiff James Welch as personal representative for
the Estate of Carmen J. Hadley under the 2007 Harold Crawford Co. Independent Contractor Agreement.
(See reporter's transcript for full ruling)
Clerk's minutes will be the order of the court.
Verbal notice of ruling given to counsel in open court.
Clerk's minutes emailed to all parties as stated on the attached declaration.
Minute order notice.
MINUTES
Page 2 of 5
JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434
CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC.
FUTURE HEARINGS:
December 16, 2022 10:00 AM Mandatory Settlement Conference
Bradshaw, J. Eric
Bakersfield Division J
Sheriff, Deputy
January 17, 2023 9:00 AM Jury Trial
Clark, Thomas S.
Bakersfield Department 17 located at 1415 Truxtun Avenue
Sheriff, Deputy
January 17, 2023 9:00 AM Final Case Management Conference
Clark, Thomas S.
Bakersfield Department 17 located at 1415 Truxtun Avenue
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: AUGUST 16, 2022
MINUTES
Page 3 of 5
JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434
CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC.
JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF CARMEN J. HADLEY VS
HAROLD CRAWFORD CO., INC.
BCV-20-100434
CERTIFICATE OF MAILING AND/OR EMAIL******************
The undersigned, of said Kem County, ce1iify: That I am a Deputy Clerk of the Superior Comi of the State of California,
in and for the County of Kem, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kem, and not a party to the within action, that I served the Minutes dated August 16, 2022 attached hereto
on all interested parties and any respective counsel ofrecord in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: August 16, 2022
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: August 16, 2022
By:
Linda Hall, Deputy Clerk
Signed: 8/16/2022 10:45 AM
Certificate of Mailing
Page 4 of 5
JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF CARMEN J. HADLEY VS
HAROLD CRAWFORD CO., INC.
BCV-20-100434
MAILING LIST
WILLIAM A DANIELS DUSTIN S DODGIN
15021 VENTURA BOULEVARD #883 KLEIN DENATALE GOLDNER ET AL LLP
SHERMAN OAKS CA 91403 10000 STOCKDALE HWY #200
bill@danielslaw.com BAKERSFIELD CA 93311-3603
Dustin Dodgin DDodgin@KleinLaw.com
Certificate of Mailing
Page 5 of 5
POS-050/EFS-050
ATTORNEYORPARTY WITHOUT ATTORNEY STATEBAR NO 315,867 FOR COURT USE ONLY
NAME. William Daniels, Jr.
FIRMNAME. DANIELS LAW
STREET ADDRESS. 15021 Ventura Blvd ., #883
cITY Sherman Oaks STATE CA ZIP CODE 91403
TELEPHONE NO · 818-907-8073 FAX NO 818-332-1284
E-MAIL ADDRESSBill@DanielsLaw.com
ATTORNEY FOR (name)JAMES WELCH
SUPERIOR COURT OF CALIFORNIA , COUNTY OF Kern
STREET ADDRESS 1415 Truxtun Ave .
MAILING ADDRESS 1415 Truxtun Ave.
CITY AND ZIP CODE. Bakersfield, 93301
BRANCH NAME. Metropolitan Division CASE NUMBER
BCV-20-100434
PLAINTIFF/PETITIONER: JAMES WELCH
DEFENDANT/RESPONDENT: THE HAROLD CRAWFORD COMPANY, INC . JUDICIAL OFFICER·
Hon . Thomas S. Clark
DEPARTMENT
PROOF OF ELECTRONIC SERVICE "17"
1. I am at least 18 years old.
a. My residence or business address is (specify):
15021 Ventura Blvd., #883 , Sherman oaks, CA 91403
b. My electronic service address is (specify) :
Cheryl@DanielsLaw.com
2. I electronically served the following documents (exact titles) :
NOTICE OF RULING FOR PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION
D The documents served are listed in an attachment. (Form POS-050(D)IEFS-050(D) may be used for this purpose.)
3. I electronically served the documents listed in 2 as follows :
a. Name of person served: DUSTIN OODGIN , Esq.
On behalf of (name or names of parties represented, if person served is an attorney):
HAROLD CRAWFORD COMPANY, INC.
b. Electronic service address of person served :
ddodgin@kleinlaw.com
c. On (date): August 19, 2022
D The documents listed in item 2 were served electronically on the persons and in the manner described in an attachment.
(Form POS-050(P)/EFS-050(P) may be used for this purpose.)
Date: 08/19/2022
I declare under penalty of perjury under the laws of the State of California that th
Cheryl Daniels
(TYPE OR PRINT NAME OF DECLARANTI â–º
Page 1 of1
Form Approved for Optional Use PROOF OF ELECTRONIC SERVICE Cal Rules of Court, rule 2.251
Judicial Council of Cal~om,a www courts ca.gov
POS-050/EFS-050 IRev February 1, 2017! (Proof of Service/Electronic Filing and Service)
Preview
1 William A. Daniels, Esq. (SBN 172042) 2 William A. Daniels, Jr., Esq. (SBN 315867) DANIELS LAW 3 15021 Ventura Boulevard, #883 Sherman Oaks, CA 91403 4 Tel: 818/907-8073 Fax: 818/332-1284 5 Bill@DanielsLaw.com 6 Attorneys for Plaintiff, 7 JAMES WELCH 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 10 FOR THE COUNTY OF KERN 11 JAMES WELCH as personal Case No: BCV-20-100434TSC 12 representative for the ESTATE OF CARMEN J. HADLEY, NOTICE OF RULING FOR PLAINTIFF'S Plaintiff, MOTION FOR SUMMARY vs. ADJUDICATION THE HAROLD CRAWFORD COMPANY, INC.; DOES 1 through 25, inclusive, Assigned To: Hon. Thomas S. Clark 17 Dept: "17" Defendants. r:rJ 18 Complaint Filed on: February 13, 2020 1~ N : 21 AND CROSS-COMPLAINT ~ 22 This matter was heard on August 16, 2022, at 8:30 a.m. in Department 17, the 23 Hon. Thomas S. Clark, Presiding. The parties were represented by William A. Daniels, 24 Jr. for the plaintiff, James Welch and Dustin S. Dodgin for the defendant, Harold 25 Crawford Co., Inc. 26 After considering the papers filed in connection with the Motion for Summary 27 Adjudication, the Court ruled as follows: Plaintiff's Motion for Summary Adjudication is denied without prejudice. 28 1 NOTICE OF RULING FOR PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION 1 A true copy of the Court's minutes from the hearing on August 16, 2022, are 2 attached as Exhibit "1." 3 Date: August 17, 2022 DANIELS LAW 4 5 6 7 William A. Daniels, Jr. 8 Attorneys for Plaintiff James Welch 9 As personal representative 10 For the Estate of Carmen J. Hadley 11 12 17 23 24 25 26 27 28 2 NOTICE OF RULING FOR PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION EXHIBIT 1 Superior Court of California County of Kern Bakersfield Department 17 Date: 08/16/2022 Time: 8:30 AM - 12:00 PM BCV-20-100434 JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC. Courtroom Staff Honorable: Thomas S. Clark Clerk: Linda K. Hall Court reporter: Naomi S. Alvarez Bailiff: Deputy Sheriff Interpreter: Language of: NATURE OF PROCEEDINGS: MOTION FOR SUMMARY ADJUDICATION Hearing Start Time: 8:37 AM The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected. The Court appoints Naomi Alvarez from the Pro Tempore list as the Official Court Reporter for Plaintiff's Motion for Summary Judgment. Oath on file. Counsel William A. Daniels appeared on behalf of Plaintiff/Cross-Defendant. Counsel Dustin S. Dodgin appeared on behalf of Defendant/Cross-Complainant. Matter argued by counsel and submitted. The Court makes the following findings and orders: Plaintiff's Motion for Summary Adjudication - Denied. Plaintiff seeks a determination from the court that Defendant Harold Crawford Co ., Inc. owes a duty to pay Plaintiff James Welch as personal representative for the Estate of Carmen J. Hadley under the 2007 Harold Crawford Co. Independent Contractor Agreement. Plaintiffs moving for summary judgment have the burden of persuasion that each element of the cause of action has been proved and has the burden to produce admissible evidence on each element of a cause of action . Plaintiff's operative Third Amended Complaint here alleges a breach of contract cause of action with respect to the 2007 Agreement. MINUTES Page 1 of 5 JAMES WELCH AS PERSONAL REPRESE NTATIVE FOR THE ESTATE OF BCV-20-100434 CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC. Looking at said agreement, it states it is by and between James Hadley, an individual doing business as Hadley Enterprises, and The Harold Crawford Company, Inc., a California Corporation. It is undisputed that the 2007 Agreement includes the words that "[u]pon Hadley's death, if after 2014, the Spouse shall receive Seventy Five Thousand Dollard and No Cents ($75,000.00) through 2025. If Hadley passes away before 2014, the Spouse will receive $100,000 until 2014 and $75,000 from 2015 through 2025." It is undisputed that the 2007 Agreement provides that the "Agreement shall insure to and for the benefit of and be binding upon each party's respective ... heirs .. .past, present, and future." It is undisputed that the 2007 Agreement includes a paragraph with the words "This agreement contains the entire agreement between the parties ... " It is undisputed that James Hadley died in February 2010. It is undisputed that following James Hadley's death, Harold Crawford Company made payments under the 2007 Agreement to Carmen Hadley until her death on September 13, 2019, after which Harold Crawford stopped paying monies on September 30, 2019. While the moving memorandum argues that Defendant has "a duty to continue payments to Carmen Hadley and/or her heirs until 2025" (moving memorandum, pg. 5:26-28), the 2007 Agreement's language does not clearly support such a conclusion as a matter of law. As stated in FACT 4, the Agreement "inures to and for the benefit of.. .each party's respective ... heirs ... past, present, and future", but Carmen Hadley does not appear to have been a party to the 2007 Agreement as pointed out by the opposition in opposing FACT 4. James Hadley was a party. The moving papers did not present any evidence as to who James Hadley's heirs, past, present and future were or are. To the extent Carmen Hadley was James Hadley's heir, the agreement appears to be silent as to the effect of James Hadley's heir's, Carmen Hadley's, death on Harold Crawford's obligation to render payment. Plaintiff appears to be seeking a court order directing Defendant to pay the heir's heirs, which is not clearly warranted based on the plain language of the 2007 Agreement and the evidence before the court at this time. Moving Plaintiff has failed to meet its burden of persuasion and production and the court cannot presently conclude as a matter of law that Defendant has a duty to pay Plaintiff James Welch as personal representative for the Estate of Carmen J. Hadley under the 2007 Harold Crawford Co. Independent Contractor Agreement. (See reporter's transcript for full ruling) Clerk's minutes will be the order of the court. Verbal notice of ruling given to counsel in open court. Clerk's minutes emailed to all parties as stated on the attached declaration. Minute order notice. MINUTES Page 2 of 5 JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434 CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC. FUTURE HEARINGS: December 16, 2022 10:00 AM Mandatory Settlement Conference Bradshaw, J. Eric Bakersfield Division J Sheriff, Deputy January 17, 2023 9:00 AM Jury Trial Clark, Thomas S. Bakersfield Department 17 located at 1415 Truxtun Avenue Sheriff, Deputy January 17, 2023 9:00 AM Final Case Management Conference Clark, Thomas S. Bakersfield Department 17 located at 1415 Truxtun Avenue Sheriff, Deputy MINUTES FINALIZED BY: LINDA HALL ON: AUGUST 16, 2022 MINUTES Page 3 of 5 JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434 CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC. JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC. BCV-20-100434 CERTIFICATE OF MAILING AND/OR EMAIL****************** The undersigned, of said Kem County, ce1iify: That I am a Deputy Clerk of the Superior Comi of the State of California, in and for the County of Kem, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kem, and not a party to the within action, that I served the Minutes dated August 16, 2022 attached hereto on all interested parties and any respective counsel ofrecord in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: August 16, 2022 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: August 16, 2022 By: Linda Hall, Deputy Clerk Signed: 8/16/2022 10:45 AM Certificate of Mailing Page 4 of 5 JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC. BCV-20-100434 MAILING LIST WILLIAM A DANIELS DUSTIN S DODGIN 15021 VENTURA BOULEVARD #883 KLEIN DENATALE GOLDNER ET AL LLP SHERMAN OAKS CA 91403 10000 STOCKDALE HWY #200 bill@danielslaw.com BAKERSFIELD CA 93311-3603 Dustin Dodgin DDodgin@KleinLaw.com Certificate of Mailing Page 5 of 5 POS-050/EFS-050 ATTORNEYORPARTY WITHOUT ATTORNEY STATEBAR NO 315,867 FOR COURT USE ONLY NAME. William Daniels, Jr. FIRMNAME. DANIELS LAW STREET ADDRESS. 15021 Ventura Blvd ., #883 cITY Sherman Oaks STATE CA ZIP CODE 91403 TELEPHONE NO · 818-907-8073 FAX NO 818-332-1284 E-MAIL ADDRESSBill@DanielsLaw.com ATTORNEY FOR (name)JAMES WELCH SUPERIOR COURT OF CALIFORNIA , COUNTY OF Kern STREET ADDRESS 1415 Truxtun Ave . MAILING ADDRESS 1415 Truxtun Ave. CITY AND ZIP CODE. Bakersfield, 93301 BRANCH NAME. Metropolitan Division CASE NUMBER BCV-20-100434 PLAINTIFF/PETITIONER: JAMES WELCH DEFENDANT/RESPONDENT: THE HAROLD CRAWFORD COMPANY, INC . JUDICIAL OFFICER· Hon . Thomas S. Clark DEPARTMENT PROOF OF ELECTRONIC SERVICE "17" 1. I am at least 18 years old. a. My residence or business address is (specify): 15021 Ventura Blvd., #883 , Sherman oaks, CA 91403 b. My electronic service address is (specify) : Cheryl@DanielsLaw.com 2. I electronically served the following documents (exact titles) : NOTICE OF RULING FOR PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION D The documents served are listed in an attachment. (Form POS-050(D)IEFS-050(D) may be used for this purpose.) 3. I electronically served the documents listed in 2 as follows : a. Name of person served: DUSTIN OODGIN , Esq. On behalf of (name or names of parties represented, if person served is an attorney): HAROLD CRAWFORD COMPANY, INC. b. Electronic service address of person served : ddodgin@kleinlaw.com c. On (date): August 19, 2022 D The documents listed in item 2 were served electronically on the persons and in the manner described in an attachment. (Form POS-050(P)/EFS-050(P) may be used for this purpose.) Date: 08/19/2022 I declare under penalty of perjury under the laws of the State of California that th Cheryl Daniels (TYPE OR PRINT NAME OF DECLARANTI ► Page 1 of1 Form Approved for Optional Use PROOF OF ELECTRONIC SERVICE Cal Rules of Court, rule 2.251 Judicial Council of Cal~om,a www courts ca.gov POS-050/EFS-050 IRev February 1, 2017! (Proof of Service/Electronic Filing and Service)