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1 William L. Alexander (State Bar Number 126607)
Elizabeth Estrada (State Bar Number 232302)
2 Alexander & Associates, PLC
3 1925 G Street
Bakersfield, CA 93301
4 Phone: (661) 316-7888
Email: walexander@alexander-law.com; service@alexander-law.com
5
6 Attorneys for Defendants, Thomas H. Fry and Ruth M. Fry
as Trustees of the T & R Fry Family Trust
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF KERN – METROPOLITAN DIVISION
10 BIG WASHINGTON, LLC, a California ) Case No. BCV-17-102341 BCB
Limited Liability Company, )
11 ) DEFENDANTS’ SECOND AMENDED
Plaintiff, ) EXHIBIT LIST
12 )
13 vs. )
) Assigned to: Hon. Bernard C. Barmann, Jr.
14 BENHONG (AMERICA) RECYCLING CO. ) Div.: H
LTD, a California Limited Liability Company; ) Trial date: December 12, 2022
15 ) Time: 9:00 a.m.
and THOMAS H. FRY and RUTH M. FRY as
16 Trustees of the T & R FRY FAMILY TRUST; )
and DOES 1 – 100, inclusive, ) Complaint Filed: October 6, 2017
17 )
Defendants. )
18
)
19 )
20 Defendants, Thomas H. Fry and Ruth M. Fry as Trustees of the T&R Fry Family Trust,
21 respectfully submit the attached second amended listof exhibits to be marked as an exhibit and
22 introduced into evidence at the time of trial in this matter. Defendants also reserve the right to rely on
23 all depositions, all deposition exhibits, pleadings, and discovery responses.
24
25 Dated: December 9, 2022 ALEXANDER & ASSOCIATES
26
27 By: /s/ Elizabeth Estrada /s/
ELIZABETH ESTRADA
28 Attorneys for Defendants
1
Alexander & Associates
Attorneys at Law
1925 G Street
Bakersfield, CA 93301
(661) 316-7888
DEFENDANTS’ SECOND AMENDED EXHIBIT LIST
Exh. No. Document Description
201 October 28, 2011 Lease Agreement
202 Lease Agreement Amendment No. 1
203 July 10, 2015 Agreement for Sale of Agricultural Plastics
204 December 7, 2015 Letter of Intent to Purchase
205 December 11, 2015 Unlawful Detainer Judgment
206 December 29, 2015 Purchase and Escrow Instructions
207 December 30, 2015 First Amendment for Sale of Agricultural Plastics
208 January 13, 2016 Email Trail Between T. Mizote and J. Marshall
209 May 11, 2016 Notice of Right to Reclaim Abandoned Property
210 November 27, 2016 Offer, Agreement and Escrow Instructions
211 2016 Email Trail Between T. Mizote and C. Smith
212 Special Interrogatories, Set One, Propounded to Big Washington, LLC
213 Big Washington, LLC's Responses to Special Interrogatories, Set One
214 Requests for Admissions, Set One, Propounded to Big Washinton, LLC
215 Big Washington, LLC's Responses to Requests for Admissions, Set One
216 Declaration of Ben Eilenberg Dated 11/3/2020
217 Declaration of Ben Eilenberg Dated 10/6/2021
218 Declaration of Ben Eilenberg Dated 12/7/2021
219 Declaration of Ben Eilenberg Dated 4/13/2022
220 Checks from Fry to Calcot
221 April 7, 2015 Letter to Fry From Calcot
222 August 16, 2016 letter from J. Panicker to Griswold LaSalle
223 August 30, 2016 letter from Griswold LaSalle to J. Panicker
224 Decision and Order of the Medical Board of California
1 PROOF OF SERVICE (C.C.P. §1013a, 2015.5)
2 I am employed in the County of Kern, State of California. I am over the age of 18 and not a
3 party to the within action; my business address is 1925 G Street, Bakersfield, California.
4 On December 9, 2022, I served the foregoing document(s) entitled:
5 DEFENDANTS’ SECOND AMENDED EXHIBIT LIST
6
on interested parties in this action as follows:
7
Richard B. Jacobs Attorneys for Plaintiff, BIG WASHINGTON, LLC
8 LAW OFFICE OF RICHARD JACOBS
9 13512 Hatteras Street
Van Nuys, CA 91401-4517
10 Email: richardjacobslaw@gmail.com
11 [ ] BY MAIL: Pursuant to C.C.P. §1013(a). By placing ( ) the original or (X) a true copy thereof
12 enclosed in a sealed envelope. I am readily familiar with the firm’s practice of collection and
processing of documents for mailing. Under that practice it would be deposited with the United
13 State Postal Service on that same day with postage thereon fully prepaid at Bakersfield,
California in the ordinary course of business.
14
15 [X] BY E-MAIL OR ELECTRONIC TRANSMISSION: Pursuant to C.C.P §1010.6, subsection
(e)(1), I caused the document(s) to be emailed to the person(s) at the email address(es) on the
16 attached service list. No electronic message or other indication that the transmission was
unsuccessful was received within a reasonable time after the transmission.
17
[ ] (BY PERSONAL SERVICE), pursuant to C.C.P. §1011, by placing a true copy thereof
18 enclosed in an envelope and caused such envelope to be delivered by hand to the office(s) of the
19 addresses(s).
20 [ ] (BY OVERNIGHT COURIER), pursuant to C.C.P. §1013(c)(d), I caused such envelope with
delivery fees prepaid to be sent by GENERAL LOGISTICS SYSTEMS, INC. (GSL).
21
Executed on December 9, 2022, at Bakersfield, California.
22
23 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
24
[ ] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at
25
whose direction the service was made.
26
27 /s/ Rocki L. Parnell /s/
28 ROCKI L. PARNELL
Alexander & Associates
Attorneys at Law
1925 G Street
Bakersfield, CA 93301
(661) 316-7888
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1 William L. Alexander (State Bar Number 126607) Elizabeth Estrada (State Bar Number 232302) 2 Alexander & Associates, PLC 3 1925 G Street Bakersfield, CA 93301 4 Phone: (661) 316-7888 Email: walexander@alexander-law.com; service@alexander-law.com 5 6 Attorneys for Defendants, Thomas H. Fry and Ruth M. Fry as Trustees of the T & R Fry Family Trust 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF KERN – METROPOLITAN DIVISION 10 BIG WASHINGTON, LLC, a California ) Case No. BCV-17-102341 BCB Limited Liability Company, ) 11 ) DEFENDANTS’ SECOND AMENDED Plaintiff, ) EXHIBIT LIST 12 ) 13 vs. ) ) Assigned to: Hon. Bernard C. Barmann, Jr. 14 BENHONG (AMERICA) RECYCLING CO. ) Div.: H LTD, a California Limited Liability Company; ) Trial date: December 12, 2022 15 ) Time: 9:00 a.m. and THOMAS H. FRY and RUTH M. FRY as 16 Trustees of the T & R FRY FAMILY TRUST; ) and DOES 1 – 100, inclusive, ) Complaint Filed: October 6, 2017 17 ) Defendants. ) 18 ) 19 ) 20 Defendants, Thomas H. Fry and Ruth M. Fry as Trustees of the T&R Fry Family Trust, 21 respectfully submit the attached second amended listof exhibits to be marked as an exhibit and 22 introduced into evidence at the time of trial in this matter. Defendants also reserve the right to rely on 23 all depositions, all deposition exhibits, pleadings, and discovery responses. 24 25 Dated: December 9, 2022 ALEXANDER & ASSOCIATES 26 27 By: /s/ Elizabeth Estrada /s/ ELIZABETH ESTRADA 28 Attorneys for Defendants 1 Alexander & Associates Attorneys at Law 1925 G Street Bakersfield, CA 93301 (661) 316-7888 DEFENDANTS’ SECOND AMENDED EXHIBIT LIST Exh. No. Document Description 201 October 28, 2011 Lease Agreement 202 Lease Agreement Amendment No. 1 203 July 10, 2015 Agreement for Sale of Agricultural Plastics 204 December 7, 2015 Letter of Intent to Purchase 205 December 11, 2015 Unlawful Detainer Judgment 206 December 29, 2015 Purchase and Escrow Instructions 207 December 30, 2015 First Amendment for Sale of Agricultural Plastics 208 January 13, 2016 Email Trail Between T. Mizote and J. Marshall 209 May 11, 2016 Notice of Right to Reclaim Abandoned Property 210 November 27, 2016 Offer, Agreement and Escrow Instructions 211 2016 Email Trail Between T. Mizote and C. Smith 212 Special Interrogatories, Set One, Propounded to Big Washington, LLC 213 Big Washington, LLC's Responses to Special Interrogatories, Set One 214 Requests for Admissions, Set One, Propounded to Big Washinton, LLC 215 Big Washington, LLC's Responses to Requests for Admissions, Set One 216 Declaration of Ben Eilenberg Dated 11/3/2020 217 Declaration of Ben Eilenberg Dated 10/6/2021 218 Declaration of Ben Eilenberg Dated 12/7/2021 219 Declaration of Ben Eilenberg Dated 4/13/2022 220 Checks from Fry to Calcot 221 April 7, 2015 Letter to Fry From Calcot 222 August 16, 2016 letter from J. Panicker to Griswold LaSalle 223 August 30, 2016 letter from Griswold LaSalle to J. Panicker 224 Decision and Order of the Medical Board of California 1 PROOF OF SERVICE (C.C.P. §1013a, 2015.5) 2 I am employed in the County of Kern, State of California. I am over the age of 18 and not a 3 party to the within action; my business address is 1925 G Street, Bakersfield, California. 4 On December 9, 2022, I served the foregoing document(s) entitled: 5 DEFENDANTS’ SECOND AMENDED EXHIBIT LIST 6 on interested parties in this action as follows: 7 Richard B. Jacobs Attorneys for Plaintiff, BIG WASHINGTON, LLC 8 LAW OFFICE OF RICHARD JACOBS 9 13512 Hatteras Street Van Nuys, CA 91401-4517 10 Email: richardjacobslaw@gmail.com 11 [ ] BY MAIL: Pursuant to C.C.P. §1013(a). By placing ( ) the original or (X) a true copy thereof 12 enclosed in a sealed envelope. I am readily familiar with the firm’s practice of collection and processing of documents for mailing. Under that practice it would be deposited with the United 13 State Postal Service on that same day with postage thereon fully prepaid at Bakersfield, California in the ordinary course of business. 14 15 [X] BY E-MAIL OR ELECTRONIC TRANSMISSION: Pursuant to C.C.P §1010.6, subsection (e)(1), I caused the document(s) to be emailed to the person(s) at the email address(es) on the 16 attached service list. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 17 [ ] (BY PERSONAL SERVICE), pursuant to C.C.P. §1011, by placing a true copy thereof 18 enclosed in an envelope and caused such envelope to be delivered by hand to the office(s) of the 19 addresses(s). 20 [ ] (BY OVERNIGHT COURIER), pursuant to C.C.P. §1013(c)(d), I caused such envelope with delivery fees prepaid to be sent by GENERAL LOGISTICS SYSTEMS, INC. (GSL). 21 Executed on December 9, 2022, at Bakersfield, California. 22 23 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 24 [ ] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at 25 whose direction the service was made. 26 27 /s/ Rocki L. Parnell /s/ 28 ROCKI L. PARNELL Alexander & Associates Attorneys at Law 1925 G Street Bakersfield, CA 93301 (661) 316-7888