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1 William A. Daniels, Esq. (SBN 172042)
William A. Daniels, Jr., Esq. (SBN 315867)
2 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 Will@DanielsLaw.com
7 Attorneys for Plaintiff,
JAMES WELCH
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF KERN
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12 JAMES WELCH
representative
as personal
for the ESTATE OF
l Case No: BCV-20-100434TSC
13 PLAINTIFF'S REQUEST FOR JUDICIAL
CARMEN J. HADLEY,
NOTICE OF TRIAL EXHIBITS
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Plaintiff,
15 vs.
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THE HAROLD CRAWFORD COMPANY, Assigned To: Hon. Thomas S. Clark
17 INC.; DOES 1 through 25, inclusive, Dept: "17"
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l Complaint Filed on: December 10, 2021
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Defendants.
Trial Date: January 17, 2023
19 Dept: "17"
Time: 9:00 a.m.
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23 Plaintiff James Welch, as personal representative for the Estate of Carmen J.
24 Hadley, hereby requests that the Court take judicial notice of the following documents
25 submitted to the Court pursuant to California Evidence Code sections 452 and 453.
26 1. Spousal Property Adjudication Package. A certified copy of the Spousal
27 Property Adjudication for the Estate of James Hadley (Case No.: S-1501-PB-
28 59844) is attached as Exhibit "1" to the Declaration of William A. Daniels, Jr.
Ill
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PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE OF TRIAL EXHIBITS
1 Dated: January 10, 2023
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4 William A. Daniels, Jr.
Attorneys for plaintiff,
5 James Welch
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PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE OF TRIAL EXHIBITS
1 DECLARATION OF WILLIAM A. DANIELS, JR.
2 I, William A. Daniels, Jr., Esq. am an attorney at law, duly licensed to practice
3 before this Court and all of the courts of the State of California. I am a partner and
principal at the law firm of Daniels Law, counsel of record for plaintiff James Welch as
4
personal representative and special administrator for the Estate of Carmen J. Hadley
5
("Plaintiff'') in this action. I have personal knowledge of the facts stated in this
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declaration and if called upon to testify, I could and would competently attest thereto.
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1. A certified copy of the Spousal Property Adjudication for the Estate of James
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Hadley (Case No.: S-1501-PB-59844) is attached as Exhibit "1."
9 I declare under penalty of perjury under the laws of the State of California the
10 foregoing is true and correct and that this document was executed on January 10,
11 2023, in Los Angeles, California.
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16 William . aniels, Jr.
17 Declarant
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PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE OF TRIAL EXHIBITS
EXHIBIT 1
DE-226
ATTORNEYORPARlYWITHOUTATTORNEY(Name,stateBarnumber,
andaddmss):
Afterrecording
rett.mto:
Thomas S. McIntosh, Esq. (State Bar# 77388)
LeBeau - Thelen, LLP
P.O. Box 12092
Bakersfield, CA 93309
NO.: ( 661) 325-8962
11:LEPHONE
(661) 325-1}27
FAXNO.(Optiom1Q:
E-MAILADDRESS(OplionaQ:
CannenJ. Radle
ATTORNEYFOR(Name):
SUPERIORCOURTOF CALIFORNIA,COUNTY OF KERN
1215 Truxtun
STREETADoREss: A venue
MAILINGADDRESS:
Bakersfield
c1TYAND21PcoDe: 93301
BRANCHNAME: FOR RECORDER'SUSE ONLY
ESTATE OF (Name): CASENUMBER:
J runes Hadley S-1501-PB-59844
DECEDENT
FOR COURTUSE ONLY
W SPOUSAL O DOMESTIC PARTNER PROPERTY ORDER
1. Date of hearing: June
3, 2010 Time: 8:30 a.m. FILED
Dept.:P Room: KERNCOUNTY
THE COURT FINDS
2. All notices required by law have been given. UL 1 2011
3. Decedent died on (date):February 20, 2010
a. W a resident of the California
county named above.
b. D a nonresident of California
and left an estate in the county named above.
c. D intestate.00 testate.
4. Decedent's W surviving spouse C:=J surviving registered domestic partner
is (name): Cannen J. Hadley
THE COURT FURTHER FINDS AND ORDERS pursuant to the stipulation filed herein & testimony of Cannen J. Hadley in open court,
5. a. D The property described in Attachment
5a is property passing to the surviving spouse or surviving registered domestic
partner named in item 4, and no administration
of it is necessary.
b. D See Attachment 5b for further order(s) respecting transfer of the property to tt:le surviving
spouse or surviving
registered domestic partner named in item 4.
D
6. • To protect the Interests of the creditors of (business name):
an unincorporated trade or business, a list of all Its known creditors and the amount owed each is on file.
a. D Within (specify): days from this date, the surviving spouse or surviving
registered domestic partner named
in item 4 shall file an undertaking in the amount of $
b. D See Attachment 6b for further order(s) protecting the interests of creditors
of the business.
7. a. [KJ The property describedin Attachment7a is property that belonged to the surviving
spouse or surviving registered
domestic partner under Family Code section 297.5 and Probate Code sections
100 and 101, and the surviving spouse's
or surviving domestic partner's ownership upon decedent's death is confirmed.
b. OU See Attachment 7b for further order(s) respecting transfer of the property to the surviving
spouse or surviving domestic
partner.
8. D All property described in the Spousal or Domestic
Partner Property Petftion that is not detennined
to be property passing to
the surviving spouse or surviving
registered domestic partner under Probate Code section
13500, or confinned as belonging
to the surviving spouse or surviving registered domestic partner under Probate Code sections
100 and 101,
shall be subject to administration [:=J
in the estate of decedent. All of such property
is described in Attachment 8.
9. D Other (specify):
C:=J Continued in Attachment9.
_2_
10. Number of pages attached:
Date:
JUDICIAL OFFICER
m SIGNATUREFOLLOVVSLAST ATTACHMENT Page 1 of 1
Form Adopted for MandatoryUse
SPOUSAL
Judicial Council of California OR DOMESTIC PARTNER PROPERTY ORDER Family Code, § 297.5;
Probate Code, § 13656
DE-226IRev.Janua,y1, 2005] (Probate-Decedents Estates)
lexisNexis®
Automated California Judicial Council Forms
Estate of James Hadley
Attachment 7(a)
1. A 100% interest in that certain residential real property commonly known
as 17414 Havenridge Drive, located in the City of Bakersfield, County of Kern,
State of California more particularly described as follows:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
UNINCORPORATED AREA OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS
FOLLOWS:
Lot 6 of Tract 6208 in the unincorporated area of Bakersfield, County of
Kem, State of California, as per map recorded November 16, 2004 in
Book 52, Pages 81 of Maps, in the office of the County Recorder of said
County.
EXCEPTING TIIEREFROM all oil, gas, minerals and other hydrocarbon
substances within or underlying said land, or that may be produced and
saved therefrom, providing however, Grantor, bis successors and assigns
shall be deemed to prevent the Grantor, his successors and assigns, from
extracting or capturing said minerals by drilling on adjacent or
neighboring lands, and/or from conducting subsurface drilling operations
under said land at a depth of 500 feet below the surface of said land, so as
not to distmb the swface of. said land or any. improvements thereon, as
reserved by Harold R. Fleishauer and Doris J. Fleishauer as co-trustees of
the Harold R. Fleisbauer Revocable Living Trust dated April 26, 1992 in
deed recorded April 30, 2003 in Instrument No. 0203083419 of Official
Records.
APN: 407-481-03
2. A 25% interest in that certain Wells Fargo Investments Account No. XXXXX4271
Estate of James Hadley
Attachment 7(bl
Pursuantto the Stipulation filed in this action by Pamela Lewis and James M.
. Hadley,75% of the Wells Fargo InvestmentsAccount No. XXXXX4271 shall pass to
said individualsand to Gary James Hadley.
APPROVEDAS ~-F.?~~~ CONTENT OF THIS ORDER.
. t?z-~
LSON, ESQ. Counsel for Objectors,
ewis and James M. Hadley
IT IS SO ORDERED.
~0 u) •••
alphWhl, ~att, Pro~mfssloner
Kem County Superior Court
•I I
.I
MAY 18 2011 w/5
1 Joshua G. Wilson, Esq.; SBN 205851 FILED
Darling& Wilson . SUPERIOR
COURT, DMSIDN
METROPOLITAN
COUNTYOFKERN
2 1626 - 19th Street, Ste. 23
P.O. Box 2411 MAY1 8 2011
3 Bakersfield, CA 93303
Telephone: (661) 325-5075
4 Facsimile: (661) 325-3045 TEftRYMcNA~~ Y, CLERK
BY b)~\O,hr\ ,ril)oEPUTY
5 Attorneys for Pamela Lewis and James M. Hadley,
Jr., Objectors
6
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SUPERJOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF KERN
9
10
In Re: Case No.: S-1501-PB-59844
11
Estate of J arnes Hadley
12 STIPULATION
Deceased.
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17 Comes now, CARMEN J. HADLEY, Petitioner, and PAMELA LEWIS and JAMES
18 M. HADLEY, JR., Objectors, by and through their counsel of record, and stipulate as follows:
19 1. CARMEN J. HADLEY fild the instant spousal property petition on March
20 16,2010 claiming, inter alia, title to Wells Fargo Investments, Account No. XXXX4271. PAMELA
21 LEWIS and JAMES M HADLEY, JR. field objections to the spousal property petition on July 2,
22 2010 and June 28, 2010, respectively asserting title to the account as pay on death beneficiaries ..
23 2. The parties have settled the matter and do hereby stipulate that the court enter
24 an order that twenty-five percent (25%) of the Wells Fargo Investments, Account No. XXXX:4271
25 be transferred to Petitioner, CARMEN J. HADLEY and the remaining seventy-five percent (75%)
26 of the Wells Fargo Investments, Account No. XXXX4271 will pass to the pay on death beneficiaries
27 as named on the account.
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28 ll/ I
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I 3. I The objections are withdrawn with prejudice, and the parties ask the court to
2 grant the petition c~nsistent with paragraph 2, above.
3 DARLING & WILSON
4
5 By------=------=---c;..-9£=----==-==--____,~=-------,,;:-~=---L--+-,,r
6 James M. Ha , .
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By "E;,~{i\_
Thomas S. Mcinstosh, Attorneys for Carmen
10 J. Hadley
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APR2 9 2011 MC--050 \_u\
ATTORNEYOR PARTYWITHOUTATTORNEY(Nama. ~•
I -Thomas S. McIntosh, Esq.
LcBeau- Thelen, LLP
(Bar#
:r number, andJOcoDe: 93 3 0 I TEfJj;lYMc,NALLY. CLERK
ORANCHNAME; av.f..{ll?dYhc~ DEPUTY
CASENAME:
Estate of James Hadley
CASE NUMOER:
SUBSTITUTION OF ATTORNEY-CIVIL
(Without Court Order) S-1501-PB-59844
THE COURT AND All PARTIES ARE NOTIFIED THAT (name): Carmen J. Hadley makes the following substitution:
1. Former legal representative· W Party represented self D Attorney (name):
2. New legal representative D W
Party is representing selr Attorney
a. Name: Thomas S. McIntosh b. State Bar No. (if applicable):77388
c. Address (number, street, city, ZIP, and law firm name, if applicable):LeBcau
w Thelen, LLP
P.O. Box 12092
Bakersfield, CA 933 89
d. Telephone No. (include area code): (661)325-8962
3. D
The party making this substitution is a plaintiffD defendant W petitioner D respondent D other (specify):
*NOTICE TO PARTIES APPLYING TO REPRESENT THEMSELVES
• Guardian • Personal Representatrve • Guardian ad !item
• Conservator • Probate fiduciary • Unincorporated
• Trustee • Corporation association
If you are applyingas one of the partieson thislist, you may NOT act as your own attorney in most cases. Use this form
to substituteone attorney for another attorney.SEEK LEGAL ADVlCE BEFORE APPLYING TO REPRESENTYOURSELF.
NOTICE TO PARTIES WITHOUT ATTORNEYS
A party representing himself or herself may wish to seek legal assistance.Failure to take
timely and appropriate action In this case may result in serious
legal consequences.
4. I consent to this substitution.
Date:April 29, 2011
Canncn J. Hadley
(TYPE OR PRINT NAME)
s.o I consent to this substitution.
Date:
â–º
(TYPE OR PRINTNAME) (SIGNATUREOF FORMERATTORNEY)
6.W I consent to this substitution.
Date: April 29, 2011
Thomas S. McIntosh
(TYPE OR PRl~f NAME} (SIGNATURE OF NEWATTORNEYJ
(See reverse for proof of service by mail) P11001of 2
FormAdoptedFoeM31da\ory U$0 Codo of C!'lil PIQCc:11.0l,
§§ 204(1). 2B5;
JLJdoeial
Co:.ir.cilof CalJcmi;i SUBSTITUTION OF ATTORNEY-CIVIL Cat Rc'.csol Cou-t, rue 3 1362
MC-050(Rov.Ja~Ja,Y1, 20C3J (Without Court Ordor) www.courtinfo ca gov
lexisNexis® Automated CaliforniaJud;c;al Co1111cil
Forms
.-• ~ MC--050
.--------------( --------------- (------------~
CASE NAME: ·(;ASE NUMBER:
Estate of James Hadley S-1501 -PB-59844
PROOF OF SERVICE BY MAIL
Substitution of Attorney-Civil
Instructions;After having all partils
served by mail with the Substitution of Attomey-Civil,
have the person who mailed the document
complete this Proof of Service by Mail. An unsigned copy of the Proof of Service by Mail should be completed and served with the
document. Give the Substitution of Attomey-.Civil
and the completed Proof of Setvice by Mail to the clerk for filing. ff you
are
representing yourself, someone else must mail these papers and sign the Proof of Service by Mail.
1. I am over the age of 18 and not
a partyto thiscause. I am a resident of or employed in the county where the mailing occurred. My
residence or business address is (specify): 5001 E. Commcrcenter Drive, Suite 300
Bakersfield, CA 93309
2. by enclosing a true copy In a sealed envelope addressed
I seNed the Substitution of Attorney-Civil to each person whose name
and address is shown below and depositing the envelope in the United States mail with the postage fully prepaid.
(1 ) Date of mailing: April
29, 2011 (2) Place of mailing (city and state): Bakersfield,
California
3. I declare under penalty of perjury under the laws of the State of California that the foregoing Is true and correct.
Date:April 29, 20 I 1
Jennyfcr Utt
(TYPEOR PRINT NA.'VIE)
NAME AND ADDRESS OF EACH PERSONTO WHOM NOTICEWAS MAILED
4. a. Name of person served: Joshua G. Wilson,Esq.
Darling
b. Address (number, street, city, and ZIP): and Wilson
P.O. Box 2411
Bakersfield, CA 93303
c. Name of person served:
d. Address (number, sfreet, city, and ZIP):
e. Name of person served:
f.Address (number, street, city, and ZIP):
g. Name or person served:
h. Address (number, street, city, and ZIP):
i. Name of person served:
j. Address (number, street, city, and ZIP):
D List of names and addresses continued in attachment.
MC-050 !Rav Jao:;3ry 1. 20091 Pogo 2 of 2
SUBSTITUTION OF ATTORNEY-CIVIL
(Without Court Order)
lexisNf!xis® Automated CaliforniaJud,c,al CouncilForms
I
I
:e'r--A_TT_O_R-NEY-OR-PAR_TY_Wl_TH_C_U_T_A_TT_OR_N_EY_(N-11-m!!-,
I
APR 4 201' MC-050~~
• •rnumb-Or,
and oddross): FOR COURT USE ONLY
>- IRA L. STOKER, SBN 141771
1924 B STREET
BAKERSFISLO, CA 93301
633-9480
TELEPHONENO.: (661) F"AXNO.(Oplonal}.' (661)
633-9561
(Opliono-?:
E-MAILADORESS FILED
SUPERIOR
COURT,MITROPOUTAN
DIViS1r.:
1
ATTORNEYFOR(N;imQJ:CARME~ J.HADLEY COUNTYOf~EAf.
SUPERIOR COURT OF CALIFORNIA. COUNTY OF KERN
TRUXTUN
STREET /\OORESS: 1215 AVENUE APRO4 2011
MA:UNGAD:::>RESS:
CITY A,",;DZJPCODE:BAKERSFIELD,
CA 93301
BRANCHNAME: METROPOLITAN DIVISION s:flJf12,,~ .,"[,E~:~~-
CASENAME:
EST.l\TE OF' JAMES HADLEY, OBCEASED
CASE ~UY.3ER
SUBSTITUTION OF ATTORNEY-CIVIL
(Without Court Order) S-1501-l?B-5981'1
THE COURTAND ALL PARTIESARE NOTIFIEDTHAT {name):CARXEN HADLEY makes the following substitution:
1. Former legal representative D Party represented self W Attorney (name): IRAL. STOKER
2. New legal representative (]] 0
Party is representing self" Attorney
a.Name: CARfv!EN J. HADLEY b. State Bar No. (if applicable):
c.Address (number, street, city, ZIP, and Jaw firm name, if applicable):
17414 HAVEN RIDGE DRIVE
BAKERSFIELD,CA 93314
d. Telephone No. (include area code):
(661> ss1~3s3a
3. The party making this substitution is aO plaintiffO defendant W petitioner O respondent O other (specify):
•NOTICE TO PARTIES APPL YING TO REPRESENT THEMSELVES
• Guardian • Personal Ropresentative • Guardian ad Jitcm
• Conservator • Probate fiduciary • Unincorporated
• Trustee • Corporation association
If you are applyingas one of the partieson thislist, you may NOT act as yourown attorney In most cases. Use this form
to substituteone attorney for anotherattorney. SEEK LEGAL ADVICE BEFORE APPL YING TO REPRESENT YOURSELF.
NOTICE TO PARTIES WITHOUT ATTORNEYS
A party representing himself or herself may wish to seek legal assistance.Failure to take
tlmoly and appropriate action in this case may result
in serious legal consequences.
4. I consent to this substitution.
Date: 04/01/11
CARMEN J. HJ\DLEY
(TYPE OR PRINT NAME)
5. [1J I consent to this substitution.
Date: 04/01/11
IRA L. STOJn
)
7((
Date:.11 JI D32010
Joshua G. Wilson. Esq.; SBN 205851 Amount p~:::2f,:ipc:O
l)ading & Wilson tlQrk;_....,~~-----
2 1626- 19th Street. Ste. 23
P.O. Box 24 l l
3 Bakersfield, CA 93303
Telephone: (66 t) 325-5075
4 Facsimile: (661) 325-3045
5 Attorneys for Pamela Lewis, Objector
6
7 SUPERIOR COURT OF THE STATEOF CALIFORNIA
8 COUNTYOF KERN
9
10 In Re: CaseNo.: S-tSQl..PB-59844
..
··11 •Estate of James Hadley
OBJECTION BY PAMELA LEWIS TO
.·.• -~·~
:-:..~2.
., .,
Deceased. SPOUSAL PROPERTYPETITION
•• •'}3
'(_
Date: July 1, 2010
Time: 9:00 am.
Dept: P
·15:'· •.
.,
16
17 Comes now, Pamela Lewis, and objects to the Spousal Property Petition filed by
18 Cannen J. Hndleyas follows:
19 I. Objector, Pamela Lewis, is the daughter of the decedent James Hadley.
20. 2. On information and belief the two deposit accounts listed on Attachment 7(a)
21 To Spousal Property Petition have pay on death provisions payable to Objector, and Cannen J.
22 Hadley has no interest therein. The two accounts are Suge-Point(Pershing) Account No. XXX-
23 XX5594and Wells Fargo Investments.,AccountNo. XXXX4271.
24 WHEREFORE,Objector requests that the Court deny the Petition in part and grant
25 such other and further relief as theCourt may deem just and proper.
26 J)ATEO:June~2010
~: r~l{ti!ct1Jf.J
bbl..;fL:J.:ftJ'I 0
('
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·•·
DARLING& WILSON
2
3
s for Pamela Lewis
4
VERIFICATION
5
I , PAMELALEWIS am the Objectorin the above-entitledproceeding. l have read
6
the foregoingObjection by Pamela Lewis to SpousalProperty Petition and know the contents
7
thereof. I am infonncd uod believe and on that ground allege that the matters stated in the foregoing
8
document are true.
9
I declare under penalty of perjuryunder the laws of the State of California that the
10
foregoingis true and correct
11 1
Executedat Chico, CaJifomiaonJun~2010.
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bbl :::rio::H'.14b Jl.bH
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.t PROOF OF SERVICE (Code Civ. Proc.,§§ 1013a, 2015.5)
2 STATE OF CALIFORNIA,COUN1Y OF KERN
3 1 amemployedin the Countyof Kem>Stateof California.I am over theage ofl 8 and
not a party to tne within action; my business address is 1626 19'tt S½ Ste. 23, Bakersfield
4 California9330l. '
5 On ~:L 2010, lserved the foregoing document described as OB.JECTION BY
PAMELALEWlSTO SPOUSAL PROPERTYPETITION on the interested patties in this action
6 by placing a true copy thereof enclosed in sealed envelopes addressed as follows:
7
.IraStoker,Esq.
8 1924B Street
Bakersfield,CA 9330J
9
Attorney:forCarmenJ. Hadley
10
_l l .BYMAIL:
12
13 I am ''readily familiar" '"ith the finn's practice of collection and processing
correspondence for mailing. Under that practiceit would be deposited with the U.S. Postal
14 Serviceon that same day with postage thereonfullyprepaidat Bakersfield~Californiain the
ordinary course of business. I am awate that on motion of the parcyserved, service is
15 presumedinvalidif the postal cancellation date or postage meter date is more than one day
a-ft.erdate of deposit for mailing in this affidavit
16
J7 I declare under penalty of serjury under the laws of the State of California that the
above is true and correct. Execute ~11-\ 2010, at Bakersfield, California.
18
19 : w a--dJ=p-<2
Maure n Nuckles
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IN TIIESUPERIORCOURTOF THESTATEOF CALIFORNIJb
• SUFERIOR
FILED
~URT. METROPOLflAN
CO\llfi't
Of¥-t~N
OIVISmN
I IN AND FORTHE COUNTYOF KERN L
APPOINTMENTOF A TEMPORARY JUDGE
fN RE: :rl}/1/£.Sf//Jtut:V
IT [S HEREBY STIPULATED BY AND BETWEEN the parties that the above entitled
cause maybe tried by ALISA R. KNIGHT, an attorney, and a member of the Bar of trus State,
in accordance with Article 6, Section 21, of the Constitution of the Stat~ of California .
.,.,,l 1
0
Additional Party/Counsel
Additional Party/Counsel Additional Party/Counsel
I
The selection of Alisa R. Knight, as a Judge Pro Tempore in the above entitled action is
approv 7d and ordered.
JULO1 2010
Dated: -------
.1 __JOHN J. ffl:LDER
Presiding Judge
OATH
r:,Alisa R. Knight, do solemnly swear (or affirm) that I will support and defend the
Constitu'tion of the United States and the Constitution of the State of California against all
enemies! foreign and domestic; that [ will bear true faith and allegiance to the Constitution of the
United States and the Constitution of the State of California, that [ take this obligation freely,
without any mental reservations or purpose of evasion and that I will well and faithfully
dischargd I
the duties upon which I am about to enter.
Subscribed and sworn to before me this date: JULO1 20l0
----
d
\ JUN2 8 2010
Joshua G. Wilson, Esq.; SBN 205851
'•. Darling & Wilson
2 1626 - I 9'hStreet, Ste. 23 FILED
P.O. Box 2411 SUPERloa
COURT,.
METRC?OUTAN
OiVISlON
COIJ,"iTY
OFKERN I
3 Bakersfield, CA 93303
:., Telep
Preview
1 William A. Daniels, Esq. (SBN 172042) William A. Daniels, Jr., Esq. (SBN 315867) 2 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 Will@DanielsLaw.com 7 Attorneys for Plaintiff, JAMES WELCH 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF KERN 11 12 JAMES WELCH representative as personal for the ESTATE OF l Case No: BCV-20-100434TSC 13 PLAINTIFF'S REQUEST FOR JUDICIAL CARMEN J. HADLEY, NOTICE OF TRIAL EXHIBITS 14 Plaintiff, 15 vs. 16 THE HAROLD CRAWFORD COMPANY, Assigned To: Hon. Thomas S. Clark 17 INC.; DOES 1 through 25, inclusive, Dept: "17" 18 l Complaint Filed on: December 10, 2021 ll Defendants. Trial Date: January 17, 2023 19 Dept: "17" Time: 9:00 a.m. 20 21 22 l 23 Plaintiff James Welch, as personal representative for the Estate of Carmen J. 24 Hadley, hereby requests that the Court take judicial notice of the following documents 25 submitted to the Court pursuant to California Evidence Code sections 452 and 453. 26 1. Spousal Property Adjudication Package. A certified copy of the Spousal 27 Property Adjudication for the Estate of James Hadley (Case No.: S-1501-PB- 28 59844) is attached as Exhibit "1" to the Declaration of William A. Daniels, Jr. Ill 1 PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE OF TRIAL EXHIBITS 1 Dated: January 10, 2023 2 3 4 William A. Daniels, Jr. Attorneys for plaintiff, 5 James Welch 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE OF TRIAL EXHIBITS 1 DECLARATION OF WILLIAM A. DANIELS, JR. 2 I, William A. Daniels, Jr., Esq. am an attorney at law, duly licensed to practice 3 before this Court and all of the courts of the State of California. I am a partner and principal at the law firm of Daniels Law, counsel of record for plaintiff James Welch as 4 personal representative and special administrator for the Estate of Carmen J. Hadley 5 ("Plaintiff'') in this action. I have personal knowledge of the facts stated in this 6 declaration and if called upon to testify, I could and would competently attest thereto. 7 1. A certified copy of the Spousal Property Adjudication for the Estate of James 8 Hadley (Case No.: S-1501-PB-59844) is attached as Exhibit "1." 9 I declare under penalty of perjury under the laws of the State of California the 10 foregoing is true and correct and that this document was executed on January 10, 11 2023, in Los Angeles, California. 12 13 14 15 16 William . aniels, Jr. 17 Declarant 18 19 20 21 22 23 24 25 26 27 28 3 PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE OF TRIAL EXHIBITS EXHIBIT 1 DE-226 ATTORNEYORPARlYWITHOUTATTORNEY(Name,stateBarnumber, andaddmss): Afterrecording rett.mto: Thomas S. McIntosh, Esq. (State Bar# 77388) LeBeau - Thelen, LLP P.O. Box 12092 Bakersfield, CA 93309 NO.: ( 661) 325-8962 11:LEPHONE (661) 325-1}27 FAXNO.(Optiom1Q: E-MAILADDRESS(OplionaQ: CannenJ. Radle ATTORNEYFOR(Name): SUPERIORCOURTOF CALIFORNIA,COUNTY OF KERN 1215 Truxtun STREETADoREss: A venue MAILINGADDRESS: Bakersfield c1TYAND21PcoDe: 93301 BRANCHNAME: FOR RECORDER'SUSE ONLY ESTATE OF (Name): CASENUMBER: J runes Hadley S-1501-PB-59844 DECEDENT FOR COURTUSE ONLY W SPOUSAL O DOMESTIC PARTNER PROPERTY ORDER 1. Date of hearing: June 3, 2010 Time: 8:30 a.m. FILED Dept.:P Room: KERNCOUNTY THE COURT FINDS 2. All notices required by law have been given. UL 1 2011 3. Decedent died on (date):February 20, 2010 a. W a resident of the California county named above. b. D a nonresident of California and left an estate in the county named above. c. D intestate.00 testate. 4. Decedent's W surviving spouse C:=J surviving registered domestic partner is (name): Cannen J. Hadley THE COURT FURTHER FINDS AND ORDERS pursuant to the stipulation filed herein & testimony of Cannen J. Hadley in open court, 5. a. D The property described in Attachment 5a is property passing to the surviving spouse or surviving registered domestic partner named in item 4, and no administration of it is necessary. b. D See Attachment 5b for further order(s) respecting transfer of the property to tt:le surviving spouse or surviving registered domestic partner named in item 4. D 6. • To protect the Interests of the creditors of (business name): an unincorporated trade or business, a list of all Its known creditors and the amount owed each is on file. a. D Within (specify): days from this date, the surviving spouse or surviving registered domestic partner named in item 4 shall file an undertaking in the amount of $ b. D See Attachment 6b for further order(s) protecting the interests of creditors of the business. 7. a. [KJ The property describedin Attachment7a is property that belonged to the surviving spouse or surviving registered domestic partner under Family Code section 297.5 and Probate Code sections 100 and 101, and the surviving spouse's or surviving domestic partner's ownership upon decedent's death is confirmed. b. OU See Attachment 7b for further order(s) respecting transfer of the property to the surviving spouse or surviving domestic partner. 8. D All property described in the Spousal or Domestic Partner Property Petftion that is not detennined to be property passing to the surviving spouse or surviving registered domestic partner under Probate Code section 13500, or confinned as belonging to the surviving spouse or surviving registered domestic partner under Probate Code sections 100 and 101, shall be subject to administration [:=J in the estate of decedent. All of such property is described in Attachment 8. 9. D Other (specify): C:=J Continued in Attachment9. _2_ 10. Number of pages attached: Date: JUDICIAL OFFICER m SIGNATUREFOLLOVVSLAST ATTACHMENT Page 1 of 1 Form Adopted for MandatoryUse SPOUSAL Judicial Council of California OR DOMESTIC PARTNER PROPERTY ORDER Family Code, § 297.5; Probate Code, § 13656 DE-226IRev.Janua,y1, 2005] (Probate-Decedents Estates) lexisNexis® Automated California Judicial Council Forms Estate of James Hadley Attachment 7(a) 1. A 100% interest in that certain residential real property commonly known as 17414 Havenridge Drive, located in the City of Bakersfield, County of Kern, State of California more particularly described as follows: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 6 of Tract 6208 in the unincorporated area of Bakersfield, County of Kem, State of California, as per map recorded November 16, 2004 in Book 52, Pages 81 of Maps, in the office of the County Recorder of said County. EXCEPTING TIIEREFROM all oil, gas, minerals and other hydrocarbon substances within or underlying said land, or that may be produced and saved therefrom, providing however, Grantor, bis successors and assigns shall be deemed to prevent the Grantor, his successors and assigns, from extracting or capturing said minerals by drilling on adjacent or neighboring lands, and/or from conducting subsurface drilling operations under said land at a depth of 500 feet below the surface of said land, so as not to distmb the swface of. said land or any. improvements thereon, as reserved by Harold R. Fleishauer and Doris J. Fleishauer as co-trustees of the Harold R. Fleisbauer Revocable Living Trust dated April 26, 1992 in deed recorded April 30, 2003 in Instrument No. 0203083419 of Official Records. APN: 407-481-03 2. A 25% interest in that certain Wells Fargo Investments Account No. XXXXX4271 Estate of James Hadley Attachment 7(bl Pursuantto the Stipulation filed in this action by Pamela Lewis and James M. . Hadley,75% of the Wells Fargo InvestmentsAccount No. XXXXX4271 shall pass to said individualsand to Gary James Hadley. APPROVEDAS ~-F.?~~~ CONTENT OF THIS ORDER. . t?z-~ LSON, ESQ. Counsel for Objectors, ewis and James M. Hadley IT IS SO ORDERED. ~0 u) ••• alphWhl, ~att, Pro~mfssloner Kem County Superior Court •I I .I MAY 18 2011 w/5 1 Joshua G. Wilson, Esq.; SBN 205851 FILED Darling& Wilson . SUPERIOR COURT, DMSIDN METROPOLITAN COUNTYOFKERN 2 1626 - 19th Street, Ste. 23 P.O. Box 2411 MAY1 8 2011 3 Bakersfield, CA 93303 Telephone: (661) 325-5075 4 Facsimile: (661) 325-3045 TEftRYMcNA~~ Y, CLERK BY b)~\O,hr\ ,ril)oEPUTY 5 Attorneys for Pamela Lewis and James M. Hadley, Jr., Objectors 6 7 SUPERJOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF KERN 9 10 In Re: Case No.: S-1501-PB-59844 11 Estate of J arnes Hadley 12 STIPULATION Deceased. 13 14 15 16 17 Comes now, CARMEN J. HADLEY, Petitioner, and PAMELA LEWIS and JAMES 18 M. HADLEY, JR., Objectors, by and through their counsel of record, and stipulate as follows: 19 1. CARMEN J. HADLEY fild the instant spousal property petition on March 20 16,2010 claiming, inter alia, title to Wells Fargo Investments, Account No. XXXX4271. PAMELA 21 LEWIS and JAMES M HADLEY, JR. field objections to the spousal property petition on July 2, 22 2010 and June 28, 2010, respectively asserting title to the account as pay on death beneficiaries .. 23 2. The parties have settled the matter and do hereby stipulate that the court enter 24 an order that twenty-five percent (25%) of the Wells Fargo Investments, Account No. XXXX:4271 25 be transferred to Petitioner, CARMEN J. HADLEY and the remaining seventy-five percent (75%) 26 of the Wells Fargo Investments, Account No. XXXX4271 will pass to the pay on death beneficiaries 27 as named on the account. I 28 ll/ I 1 •I 'I I 3. I The objections are withdrawn with prejudice, and the parties ask the court to 2 grant the petition c~nsistent with paragraph 2, above. 3 DARLING & WILSON 4 5 By------=------=---c;..-9£=----==-==--____,~=-------,,;:-~=---L--+-,,r 6 James M. Ha , . 7 8 9 By "E;,~{i\_ Thomas S. Mcinstosh, Attorneys for Carmen 10 J. Hadley 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 APR2 9 2011 MC--050 \_u\ ATTORNEYOR PARTYWITHOUTATTORNEY(Nama. ~• I -Thomas S. McIntosh, Esq. LcBeau- Thelen, LLP (Bar# :r number, andJOcoDe: 93 3 0 I TEfJj;lYMc,NALLY. CLERK ORANCHNAME; av.f..{ll?dYhc~ DEPUTY CASENAME: Estate of James Hadley CASE NUMOER: SUBSTITUTION OF ATTORNEY-CIVIL (Without Court Order) S-1501-PB-59844 THE COURT AND All PARTIES ARE NOTIFIED THAT (name): Carmen J. Hadley makes the following substitution: 1. Former legal representative· W Party represented self D Attorney (name): 2. New legal representative D W Party is representing selr Attorney a. Name: Thomas S. McIntosh b. State Bar No. (if applicable):77388 c. Address (number, street, city, ZIP, and law firm name, if applicable):LeBcau w Thelen, LLP P.O. Box 12092 Bakersfield, CA 933 89 d. Telephone No. (include area code): (661)325-8962 3. D The party making this substitution is a plaintiffD defendant W petitioner D respondent D other (specify): *NOTICE TO PARTIES APPLYING TO REPRESENT THEMSELVES • Guardian • Personal Representatrve • Guardian ad !item • Conservator • Probate fiduciary • Unincorporated • Trustee • Corporation association If you are applyingas one of the partieson thislist, you may NOT act as your own attorney in most cases. Use this form to substituteone attorney for another attorney.SEEK LEGAL ADVlCE BEFORE APPLYING TO REPRESENTYOURSELF. NOTICE TO PARTIES WITHOUT ATTORNEYS A party representing himself or herself may wish to seek legal assistance.Failure to take timely and appropriate action In this case may result in serious legal consequences. 4. I consent to this substitution. Date:April 29, 2011 Canncn J. Hadley (TYPE OR PRINT NAME) s.o I consent to this substitution. Date: ► (TYPE OR PRINTNAME) (SIGNATUREOF FORMERATTORNEY) 6.W I consent to this substitution. Date: April 29, 2011 Thomas S. McIntosh (TYPE OR PRl~f NAME} (SIGNATURE OF NEWATTORNEYJ (See reverse for proof of service by mail) P11001of 2 FormAdoptedFoeM31da\ory U$0 Codo of C!'lil PIQCc:11.0l, §§ 204(1). 2B5; JLJdoeial Co:.ir.cilof CalJcmi;i SUBSTITUTION OF ATTORNEY-CIVIL Cat Rc'.csol Cou-t, rue 3 1362 MC-050(Rov.Ja~Ja,Y1, 20C3J (Without Court Ordor) www.courtinfo ca gov lexisNexis® Automated CaliforniaJud;c;al Co1111cil Forms .-• ~ MC--050 .--------------( --------------- (------------~ CASE NAME: ·(;ASE NUMBER: Estate of James Hadley S-1501 -PB-59844 PROOF OF SERVICE BY MAIL Substitution of Attorney-Civil Instructions;After having all partils served by mail with the Substitution of Attomey-Civil, have the person who mailed the document complete this Proof of Service by Mail. An unsigned copy of the Proof of Service by Mail should be completed and served with the document. Give the Substitution of Attomey-.Civil and the completed Proof of Setvice by Mail to the clerk for filing. ff you are representing yourself, someone else must mail these papers and sign the Proof of Service by Mail. 1. I am over the age of 18 and not a partyto thiscause. I am a resident of or employed in the county where the mailing occurred. My residence or business address is (specify): 5001 E. Commcrcenter Drive, Suite 300 Bakersfield, CA 93309 2. by enclosing a true copy In a sealed envelope addressed I seNed the Substitution of Attorney-Civil to each person whose name and address is shown below and depositing the envelope in the United States mail with the postage fully prepaid. (1 ) Date of mailing: April 29, 2011 (2) Place of mailing (city and state): Bakersfield, California 3. I declare under penalty of perjury under the laws of the State of California that the foregoing Is true and correct. Date:April 29, 20 I 1 Jennyfcr Utt (TYPEOR PRINT NA.'VIE) NAME AND ADDRESS OF EACH PERSONTO WHOM NOTICEWAS MAILED 4. a. Name of person served: Joshua G. Wilson,Esq. Darling b. Address (number, street, city, and ZIP): and Wilson P.O. Box 2411 Bakersfield, CA 93303 c. Name of person served: d. Address (number, sfreet, city, and ZIP): e. Name of person served: f.Address (number, street, city, and ZIP): g. Name or person served: h. Address (number, street, city, and ZIP): i. Name of person served: j. Address (number, street, city, and ZIP): D List of names and addresses continued in attachment. MC-050 !Rav Jao:;3ry 1. 20091 Pogo 2 of 2 SUBSTITUTION OF ATTORNEY-CIVIL (Without Court Order) lexisNf!xis® Automated CaliforniaJud,c,al CouncilForms I I :e'r--A_TT_O_R-NEY-OR-PAR_TY_Wl_TH_C_U_T_A_TT_OR_N_EY_(N-11-m!!-, I APR 4 201' MC-050~~ • •rnumb-Or, and oddross): FOR COURT USE ONLY >- IRA L. STOKER, SBN 141771 1924 B STREET BAKERSFISLO, CA 93301 633-9480 TELEPHONENO.: (661) F"AXNO.(Oplonal}.' (661) 633-9561 (Opliono-?: E-MAILADORESS FILED SUPERIOR COURT,MITROPOUTAN DIViS1r.: 1 ATTORNEYFOR(N;imQJ:CARME~ J.HADLEY COUNTYOf~EAf. SUPERIOR COURT OF CALIFORNIA. COUNTY OF KERN TRUXTUN STREET /\OORESS: 1215 AVENUE APRO4 2011 MA:UNGAD:::>RESS: CITY A,",;DZJPCODE:BAKERSFIELD, CA 93301 BRANCHNAME: METROPOLITAN DIVISION s:flJf12,,~ .,"[,E~:~~- CASENAME: EST.l\TE OF' JAMES HADLEY, OBCEASED CASE ~UY.3ER SUBSTITUTION OF ATTORNEY-CIVIL (Without Court Order) S-1501-l?B-5981'1 THE COURTAND ALL PARTIESARE NOTIFIEDTHAT {name):CARXEN HADLEY makes the following substitution: 1. Former legal representative D Party represented self W Attorney (name): IRAL. STOKER 2. New legal representative (]] 0 Party is representing self" Attorney a.Name: CARfv!EN J. HADLEY b. State Bar No. (if applicable): c.Address (number, street, city, ZIP, and Jaw firm name, if applicable): 17414 HAVEN RIDGE DRIVE BAKERSFIELD,CA 93314 d. Telephone No. (include area code): (661> ss1~3s3a 3. The party making this substitution is aO plaintiffO defendant W petitioner O respondent O other (specify): •NOTICE TO PARTIES APPL YING TO REPRESENT THEMSELVES • Guardian • Personal Ropresentative • Guardian ad Jitcm • Conservator • Probate fiduciary • Unincorporated • Trustee • Corporation association If you are applyingas one of the partieson thislist, you may NOT act as yourown attorney In most cases. Use this form to substituteone attorney for anotherattorney. SEEK LEGAL ADVICE BEFORE APPL YING TO REPRESENT YOURSELF. NOTICE TO PARTIES WITHOUT ATTORNEYS A party representing himself or herself may wish to seek legal assistance.Failure to take tlmoly and appropriate action in this case may result in serious legal consequences. 4. I consent to this substitution. Date: 04/01/11 CARMEN J. HJ\DLEY (TYPE OR PRINT NAME) 5. [1J I consent to this substitution. Date: 04/01/11 IRA L. STOJn ) 7(( Date:.11 JI D32010 Joshua G. Wilson. Esq.; SBN 205851 Amount p~:::2f,:ipc:O l)ading & Wilson tlQrk;_....,~~----- 2 1626- 19th Street. Ste. 23 P.O. Box 24 l l 3 Bakersfield, CA 93303 Telephone: (66 t) 325-5075 4 Facsimile: (661) 325-3045 5 Attorneys for Pamela Lewis, Objector 6 7 SUPERIOR COURT OF THE STATEOF CALIFORNIA 8 COUNTYOF KERN 9 10 In Re: CaseNo.: S-tSQl..PB-59844 .. ··11 •Estate of James Hadley OBJECTION BY PAMELA LEWIS TO .·.• -~·~ :-:..~2. ., ., Deceased. SPOUSAL PROPERTYPETITION •• •'}3 '(_ Date: July 1, 2010 Time: 9:00 am. Dept: P ·15:'· •. ., 16 17 Comes now, Pamela Lewis, and objects to the Spousal Property Petition filed by 18 Cannen J. Hndleyas follows: 19 I. Objector, Pamela Lewis, is the daughter of the decedent James Hadley. 20. 2. On information and belief the two deposit accounts listed on Attachment 7(a) 21 To Spousal Property Petition have pay on death provisions payable to Objector, and Cannen J. 22 Hadley has no interest therein. The two accounts are Suge-Point(Pershing) Account No. XXX- 23 XX5594and Wells Fargo Investments.,AccountNo. XXXX4271. 24 WHEREFORE,Objector requests that the Court deny the Petition in part and grant 25 such other and further relief as theCourt may deem just and proper. 26 J)ATEO:June~2010 ~: r~l{ti!ct1Jf.J bbl..;fL:J.:ftJ'I 0 (' I ·•· DARLING& WILSON 2 3 s for Pamela Lewis 4 VERIFICATION 5 I , PAMELALEWIS am the Objectorin the above-entitledproceeding. l have read 6 the foregoingObjection by Pamela Lewis to SpousalProperty Petition and know the contents 7 thereof. I am infonncd uod believe and on that ground allege that the matters stated in the foregoing 8 document are true. 9 I declare under penalty of perjuryunder the laws of the State of California that the 10 foregoingis true and correct 11 1 Executedat Chico, CaJifomiaonJun~2010. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 bbl :::rio::H'.14b Jl.bH ✓-- r I J .t PROOF OF SERVICE (Code Civ. Proc.,§§ 1013a, 2015.5) 2 STATE OF CALIFORNIA,COUN1Y OF KERN 3 1 amemployedin the Countyof Kem>Stateof California.I am over theage ofl 8 and not a party to tne within action; my business address is 1626 19'tt S½ Ste. 23, Bakersfield 4 California9330l. ' 5 On ~:L 2010, lserved the foregoing document described as OB.JECTION BY PAMELALEWlSTO SPOUSAL PROPERTYPETITION on the interested patties in this action 6 by placing a true copy thereof enclosed in sealed envelopes addressed as follows: 7 .IraStoker,Esq. 8 1924B Street Bakersfield,CA 9330J 9 Attorney:forCarmenJ. Hadley 10 _l l .BYMAIL: 12 13 I am ''readily familiar" '"ith the finn's practice of collection and processing correspondence for mailing. Under that practiceit would be deposited with the U.S. Postal 14 Serviceon that same day with postage thereonfullyprepaidat Bakersfield~Californiain the ordinary course of business. I am awate that on motion of the parcyserved, service is 15 presumedinvalidif the postal cancellation date or postage meter date is more than one day a-ft.erdate of deposit for mailing in this affidavit 16 J7 I declare under penalty of serjury under the laws of the State of California that the above is true and correct. Execute ~11-\ 2010, at Bakersfield, California. 18 19 : w a--dJ=p-<2 Maure n Nuckles 20 21 22 23 24 25 26 27 28 3 \ IN TIIESUPERIORCOURTOF THESTATEOF CALIFORNIJb • SUFERIOR FILED ~URT. METROPOLflAN CO\llfi't Of¥-t~N OIVISmN I IN AND FORTHE COUNTYOF KERN L APPOINTMENTOF A TEMPORARY JUDGE fN RE: :rl}/1/£.Sf//Jtut:V IT [S HEREBY STIPULATED BY AND BETWEEN the parties that the above entitled cause maybe tried by ALISA R. KNIGHT, an attorney, and a member of the Bar of trus State, in accordance with Article 6, Section 21, of the Constitution of the Stat~ of California . .,.,,l 1 0 Additional Party/Counsel Additional Party/Counsel Additional Party/Counsel I The selection of Alisa R. Knight, as a Judge Pro Tempore in the above entitled action is approv 7d and ordered. JULO1 2010 Dated: ------- .1 __JOHN J. ffl:LDER Presiding Judge OATH r:,Alisa R. Knight, do solemnly swear (or affirm) that I will support and defend the Constitu'tion of the United States and the Constitution of the State of California against all enemies! foreign and domestic; that [ will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California, that [ take this obligation freely, without any mental reservations or purpose of evasion and that I will well and faithfully dischargd I the duties upon which I am about to enter. Subscribed and sworn to before me this date: JULO1 20l0 ---- d \ JUN2 8 2010 Joshua G. Wilson, Esq.; SBN 205851 '•. Darling & Wilson 2 1626 - I 9'hStreet, Ste. 23 FILED P.O. Box 2411 SUPERloa COURT,. METRC?OUTAN OiVISlON COIJ,"iTY OFKERN I 3 Bakersfield, CA 93303 :., Telep