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1 William L. Alexander (State Bar Number 126607)
Elizabeth Estrada (State Bar Number 232302)
2 Alexander & Associates
3 1925 G Street
Bakersfield, CA 93301
4 Phone: (661) 316-7888
Email: walexander@alexander-law.com; elizabeth@alexander-law.com
5
6 Attorneys for Defendants, Thomas H. Fry and Ruth M. Fry, 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 ) [PROPOSED] AMENDED JUDGMENT
12 Plaintiff, )
) Judge: Hon. Bernard C. Barmann, Jr.
13 vs. ) Dept.: H
)
14 BENHONG (AMERICA) RECYCLING CO. ) Trial Date: December 12, 2022
15 LTD, a California Limited Liability Company; )
and THOMAS H. FRY and RUTH M. FRY as )
16 Trustees of the T & R FRY FAMILY TRUST; )
and DOES 1 – 100, inclusive, )
17 )
18 Defendants. )
)
19
20 This action came regularly for a jury trial, commencing December 12, 2022 and ending
21 December 28, 2022, in Department H of the above-entitled court, the Honorable Bernard C.
22 Barmann, Jr. presiding with a jury and with a court reporter. Defendants, Thomas H. Fry and Ruth
23 M. Fry, Trustees of the T & R Fry Family Trust (“Defendants”), appeared through counsel, William
24 L. Alexander and Elizabeth Estrada and Alexander & Associates, PLC. Plaintiff, Big Washington,
25 LLC (“Plaintiff”), personally appeared through its Chief Operating Officer, Benjamin Eilenberg,
26 and appeared through counsel, Richard B. Jacobs and Steven G. Gibbs.
27 A jury of twelve (12) persons was regularly impaneled and sworn/acknowledged and agreed
28 to try the case. A jury trial was held on all the causes of action of the operative complaint and on
Alexander & Associates 1
Attorneys at Law
1925 G Street
Bakersfield, CA 93301
(661) 316-7888
[PROPOSED] AMENDED JUDGMENT
1 all the denials and defenses contained in the operative answer. During trial, oral testimony and
2 documentary evidence were introduced on behalf of the parties and the parties presented their
3 closing arguments to the jury. This Court also instructed the jury on the law both before trial and
4 after completion of the presentation of evidence. The matter was thereafter submitted to the jury by
5 this Court with directions to return to this Court with its special verdict.
6 The jury in this action deliberated and thereafter rendered its verdict by properly answering
7 the appropriate questions set forth in the Special Verdict Form, a copy of which is attached hereto.
8 Pursuant to the determination of the jury and other relevant filings in this action, this Court, good
9 cause appearing therefor, finds that entry of Judgment is appropriate under the circumstances.
10 IT IS ORDERED, ADJUDGED AND DECREED, AS FOLLOWS:
11 1. Judgment is hereby entered in favor of Defendants and against Plaintiff on all causes
12 of action alleged by Plaintiff.
13 2. Judgment is hereby entered in favor of Defendants and against Plaintiff in the sum of
14 $12,050.00 for monetary sanctions ordered against Plaintiff but not paid, pursuant to the Order of
15 this Court filed on August 11, 2021.
16 3. Judgment for costs of suit is hereby granted in favor of Defendants and against
17 Plaintiff, as established by Memorandum of Costs, in the total amount of $23,814.91.
18 4. Judgment for reasonable attorneys’ fees is hereby granted in favor of Defendants and
19 against Plaintiff, Plaintiff, pursuant to Defendants’ Motion for Order Awarding Attorneys’ Fees, in
20 the total amount of $313,805.00.
21 5. This Amended Judgment shall be entered immediately and shall be effective as of
22 February 16, 2023 for the purposes of any post-judgment interest calculation.
23
24
25 Dated:
BERNARD C. BARMANN, JR., JUDGE
26
Kern County Superior Court
27 State of California
28
Alexander & Associates 2
Attorneys at Law
1925 G Street
Bakersfield, CA 93301
(661) 316-7888
[PROPOSED] AMENDED JUDGMENT
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1 William L. Alexander (State Bar Number 126607) Elizabeth Estrada (State Bar Number 232302) 2 Alexander & Associates 3 1925 G Street Bakersfield, CA 93301 4 Phone: (661) 316-7888 Email: walexander@alexander-law.com; elizabeth@alexander-law.com 5 6 Attorneys for Defendants, Thomas H. Fry and Ruth M. Fry, 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 ) [PROPOSED] AMENDED JUDGMENT 12 Plaintiff, ) ) Judge: Hon. Bernard C. Barmann, Jr. 13 vs. ) Dept.: H ) 14 BENHONG (AMERICA) RECYCLING CO. ) Trial Date: December 12, 2022 15 LTD, a California Limited Liability Company; ) and THOMAS H. FRY and RUTH M. FRY as ) 16 Trustees of the T & R FRY FAMILY TRUST; ) and DOES 1 – 100, inclusive, ) 17 ) 18 Defendants. ) ) 19 20 This action came regularly for a jury trial, commencing December 12, 2022 and ending 21 December 28, 2022, in Department H of the above-entitled court, the Honorable Bernard C. 22 Barmann, Jr. presiding with a jury and with a court reporter. Defendants, Thomas H. Fry and Ruth 23 M. Fry, Trustees of the T & R Fry Family Trust (“Defendants”), appeared through counsel, William 24 L. Alexander and Elizabeth Estrada and Alexander & Associates, PLC. Plaintiff, Big Washington, 25 LLC (“Plaintiff”), personally appeared through its Chief Operating Officer, Benjamin Eilenberg, 26 and appeared through counsel, Richard B. Jacobs and Steven G. Gibbs. 27 A jury of twelve (12) persons was regularly impaneled and sworn/acknowledged and agreed 28 to try the case. A jury trial was held on all the causes of action of the operative complaint and on Alexander & Associates 1 Attorneys at Law 1925 G Street Bakersfield, CA 93301 (661) 316-7888 [PROPOSED] AMENDED JUDGMENT 1 all the denials and defenses contained in the operative answer. During trial, oral testimony and 2 documentary evidence were introduced on behalf of the parties and the parties presented their 3 closing arguments to the jury. This Court also instructed the jury on the law both before trial and 4 after completion of the presentation of evidence. The matter was thereafter submitted to the jury by 5 this Court with directions to return to this Court with its special verdict. 6 The jury in this action deliberated and thereafter rendered its verdict by properly answering 7 the appropriate questions set forth in the Special Verdict Form, a copy of which is attached hereto. 8 Pursuant to the determination of the jury and other relevant filings in this action, this Court, good 9 cause appearing therefor, finds that entry of Judgment is appropriate under the circumstances. 10 IT IS ORDERED, ADJUDGED AND DECREED, AS FOLLOWS: 11 1. Judgment is hereby entered in favor of Defendants and against Plaintiff on all causes 12 of action alleged by Plaintiff. 13 2. Judgment is hereby entered in favor of Defendants and against Plaintiff in the sum of 14 $12,050.00 for monetary sanctions ordered against Plaintiff but not paid, pursuant to the Order of 15 this Court filed on August 11, 2021. 16 3. Judgment for costs of suit is hereby granted in favor of Defendants and against 17 Plaintiff, as established by Memorandum of Costs, in the total amount of $23,814.91. 18 4. Judgment for reasonable attorneys’ fees is hereby granted in favor of Defendants and 19 against Plaintiff, Plaintiff, pursuant to Defendants’ Motion for Order Awarding Attorneys’ Fees, in 20 the total amount of $313,805.00. 21 5. This Amended Judgment shall be entered immediately and shall be effective as of 22 February 16, 2023 for the purposes of any post-judgment interest calculation. 23 24 25 Dated: BERNARD C. BARMANN, JR., JUDGE 26 Kern County Superior Court 27 State of California 28 Alexander & Associates 2 Attorneys at Law 1925 G Street Bakersfield, CA 93301 (661) 316-7888 [PROPOSED] AMENDED JUDGMENT