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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, 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 ) NOTICE OF ENTRY OF ORDER
12 Plaintiff, ) GRANTING MOTION AND AWARDING
) ATTORNEYS’ FEES
13 vs. )
)
14 BENHONG (AMERICA) RECYCLING CO. )
15 LTD, a California Limited Liability Company; )
and THOMAS H. FRY and RUTH M. FRY as ) Judge: Hon. Bernard C. Barmann, Jr.
16 Trustees of the T & R FRY FAMILY TRUST; ) Dept.: H
and DOES 1 – 100, inclusive, )
17 ) Trial Date: December 12, 2022
18 Defendants. )
)
19
20 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
21 NOTICE IS HERBY GIVEN that on February 16, 2023, the Honorable Bernard C. Barmann,
22 Jr., granted an Order Awarding Attorneys’ Fees in favor of Defendants, Thomas H. Fry and Ruth M.
23 Fry, Trustees of the T & R Fry Family Trust (“Defendants”) and as against Plaintiff, Big Washington,
24 LLC. A true and correct copy of Order entered is attached hereto as Exhibit “A”.
25 Dated: March 6, 2023 ALEXANDER & ASSOCIATES
26
By: /s/ William L. Alexander /s/
27 WILLIAM L. ALEXANDER
28 Attorneys for Defendants
1
Alexander & Associates
Attorneys at Law
1925 G Street
Bakersfield, CA 93301
(661) 316-7888
NOTICE OF ENTRY OF ORDER GRANTING MOTION AND AWARDING ATTORNEYS’ FEES
EXHIBIT “A”
Electronically Received: 1/17/2023 4:26 PM
1 William L. Alexander (State Bar Number 126607) FILED
Elizabeth Estrada (State Bar Number 232302) KERN COUNTY SUPERIOR COURT
2 Alexander & Associates, PLC 02/16/2023
3 1925 G Street Fogerson, Vickie
BY _______________________
Bakersfield, CA 93301 DEPUTY
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 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 **********
11 BIG WASHINGTON, LLC, a California Limited ) Case No. BCV-17-102341 BCB
Liability Company, )
12
) [PROPOSED] ORDER GRANTING
13 Plaintiff, ) MOTION AND AWARDING ATTORNEYS’
) FEES
14 vs. )
)
15
BENHONG (AMERICA) RECYCLING CO. )
16 LTD, a California Limited Liability Company; ) Assigned to: Hon. Bernard C. Barmann, Jr.
and THOMAS H. FRY and RUTH M. FRY as )
17 Trustees of the T & R FRY FAMILY TRUST; ) Date: February 16, 2023
and DOES 1 – 100, inclusive, ) Time: 8:30 a.m.
18
) Div.: H
19 Defendants. )
) Complaint Filed: October 2, 2017
20 _______________________________________ )
21 The Motion of defendant, Ruth M. Fry, Trustee of the T&R Fry Family Trust, for Order
22 Awarding Attorneys’ Fees to Thomas H. Fry and Ruth M. Fry, as Trustees of the T&R Fry Family
23 Trust (the “Motion”) came regularly before this Court on February 16, 2023 at 8:30 a.m. in Division
24 H of the Kern County Superior Court, the Honorable Bernard C. Barmann, Jr. presiding. Appearances
25 of any of the parties and of any counsel at the hearing of the Motion, whether in person or remote, are
26 noted in the court record.
27 Upon consideration of all moving and opposing papers, including all evidence properly
28 submitted to this Court, and of the arguments of counsel made at the time of the hearing of the Motion,
1
Alexander & Associates
Attorneys at Law
1925 G Street
Bakersfield, CA 93301
(661) 316-7888
[PROPOSED] ORDER GRANTING MOTION AND AWARDING ATTORNEYS’ FEES
1 and for good cause appearing,
2 IT IS HEREBY ORDERED AS FOLLOWS:
3 1. The Motion of defendant Ruth M. Fry, Trustee of the T&R Fry Family Trust, for an
4 award of attorneys’ fees is hereby GRANTED.
5 2. This Court determines that defendants Thomas H. Fry and Ruth M. Fry, as Trustees of
6 the T&R Fry Family Trust, are hereby entitled to reasonable attorneys’ fees in the amount of
7 $313,805.00 [or ].
8
9
10 DATED: Signed: 2/16/2023 11:19 AM
HON. BERNARD C. BARMANN, JR., Judge
11
Kern County Superior Court
12 State of California
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2
Alexander & Associates
Attorneys at Law
1925 G Street
Bakersfield, CA 93301
(661) 316-7888
[PROPOSED] ORDER GRANTING MOTION AND AWARDING ATTORNEYS’ FEES
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 March 6, 2023, I served the foregoing document(s) entitled: NOTICE OF ENTRY
OF ORDER GRANTING MOTION AND AWARDING ATTORNEYS’ FEES
5
6 on interested parties in this action as follows:
7 Richard B. Jacobs Attorneys for Plaintiff, BIG WASHINGTON, LLC
LAW OFFICE OF RICHARD JACOBS
8 13512 Hatteras Street
9 Van Nuys, CA 91401-4517
Email: richardjacobslaw@gmail.com
10 Stevengibbslaw@outlook.com
lawgibbs@pacbell.net
11
12 [ ] BY MAIL: Pursuant to C.C.P. §1013(a). By placing ( ) the original or (X) a true copy thereof
enclosed in a sealed envelope. I am readily familiar with the firm’s practice of collection and
13 processing of documents for mailing. Under that practice it would be deposited with the United
State Postal Service on that same day with postage thereon fully prepaid at Bakersfield,
14 California in the ordinary course of business.
15
[X] BY E-MAIL OR ELECTRONIC TRANSMISSION: Pursuant to C.C.P §1010.6, subsection
16 (e)(1), I caused the document(s) to be emailed to the person(s) at the email address(es) on the
attached service list. No electronic message or other indication that the transmission was
17 unsuccessful was received within a reasonable time after the transmission.
18
[ ] (BY PERSONAL SERVICE), pursuant to C.C.P. §1011, by placing a true copy thereof
19 enclosed in an envelope and caused such envelope to be delivered by hand to the office(s) of the
addresses(s).
20
Executed on March 6, 2023, at Bakersfield, California.
21
22 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
23
[ ] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at
24 whose direction the service was made.
25
26 /s/ Rocki L. Parnell /s/
ROCKI L. PARNELL
27
28
Alexander & Associates
Attorneys at Law
1925 G Street
Bakersfield, CA 93301
(661) 316-7888
Preview
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, 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 ) NOTICE OF ENTRY OF ORDER 12 Plaintiff, ) GRANTING MOTION AND AWARDING ) ATTORNEYS’ FEES 13 vs. ) ) 14 BENHONG (AMERICA) RECYCLING CO. ) 15 LTD, a California Limited Liability Company; ) and THOMAS H. FRY and RUTH M. FRY as ) Judge: Hon. Bernard C. Barmann, Jr. 16 Trustees of the T & R FRY FAMILY TRUST; ) Dept.: H and DOES 1 – 100, inclusive, ) 17 ) Trial Date: December 12, 2022 18 Defendants. ) ) 19 20 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 21 NOTICE IS HERBY GIVEN that on February 16, 2023, the Honorable Bernard C. Barmann, 22 Jr., granted an Order Awarding Attorneys’ Fees in favor of Defendants, Thomas H. Fry and Ruth M. 23 Fry, Trustees of the T & R Fry Family Trust (“Defendants”) and as against Plaintiff, Big Washington, 24 LLC. A true and correct copy of Order entered is attached hereto as Exhibit “A”. 25 Dated: March 6, 2023 ALEXANDER & ASSOCIATES 26 By: /s/ William L. Alexander /s/ 27 WILLIAM L. ALEXANDER 28 Attorneys for Defendants 1 Alexander & Associates Attorneys at Law 1925 G Street Bakersfield, CA 93301 (661) 316-7888 NOTICE OF ENTRY OF ORDER GRANTING MOTION AND AWARDING ATTORNEYS’ FEES EXHIBIT “A” Electronically Received: 1/17/2023 4:26 PM 1 William L. Alexander (State Bar Number 126607) FILED Elizabeth Estrada (State Bar Number 232302) KERN COUNTY SUPERIOR COURT 2 Alexander & Associates, PLC 02/16/2023 3 1925 G Street Fogerson, Vickie BY _______________________ Bakersfield, CA 93301 DEPUTY 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 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 ********** 11 BIG WASHINGTON, LLC, a California Limited ) Case No. BCV-17-102341 BCB Liability Company, ) 12 ) [PROPOSED] ORDER GRANTING 13 Plaintiff, ) MOTION AND AWARDING ATTORNEYS’ ) FEES 14 vs. ) ) 15 BENHONG (AMERICA) RECYCLING CO. ) 16 LTD, a California Limited Liability Company; ) Assigned to: Hon. Bernard C. Barmann, Jr. and THOMAS H. FRY and RUTH M. FRY as ) 17 Trustees of the T & R FRY FAMILY TRUST; ) Date: February 16, 2023 and DOES 1 – 100, inclusive, ) Time: 8:30 a.m. 18 ) Div.: H 19 Defendants. ) ) Complaint Filed: October 2, 2017 20 _______________________________________ ) 21 The Motion of defendant, Ruth M. Fry, Trustee of the T&R Fry Family Trust, for Order 22 Awarding Attorneys’ Fees to Thomas H. Fry and Ruth M. Fry, as Trustees of the T&R Fry Family 23 Trust (the “Motion”) came regularly before this Court on February 16, 2023 at 8:30 a.m. in Division 24 H of the Kern County Superior Court, the Honorable Bernard C. Barmann, Jr. presiding. Appearances 25 of any of the parties and of any counsel at the hearing of the Motion, whether in person or remote, are 26 noted in the court record. 27 Upon consideration of all moving and opposing papers, including all evidence properly 28 submitted to this Court, and of the arguments of counsel made at the time of the hearing of the Motion, 1 Alexander & Associates Attorneys at Law 1925 G Street Bakersfield, CA 93301 (661) 316-7888 [PROPOSED] ORDER GRANTING MOTION AND AWARDING ATTORNEYS’ FEES 1 and for good cause appearing, 2 IT IS HEREBY ORDERED AS FOLLOWS: 3 1. The Motion of defendant Ruth M. Fry, Trustee of the T&R Fry Family Trust, for an 4 award of attorneys’ fees is hereby GRANTED. 5 2. This Court determines that defendants Thomas H. Fry and Ruth M. Fry, as Trustees of 6 the T&R Fry Family Trust, are hereby entitled to reasonable attorneys’ fees in the amount of 7 $313,805.00 [or ]. 8 9 10 DATED: Signed: 2/16/2023 11:19 AM HON. BERNARD C. BARMANN, JR., Judge 11 Kern County Superior Court 12 State of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Alexander & Associates Attorneys at Law 1925 G Street Bakersfield, CA 93301 (661) 316-7888 [PROPOSED] ORDER GRANTING MOTION AND AWARDING ATTORNEYS’ FEES 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 March 6, 2023, I served the foregoing document(s) entitled: NOTICE OF ENTRY OF ORDER GRANTING MOTION AND AWARDING ATTORNEYS’ FEES 5 6 on interested parties in this action as follows: 7 Richard B. Jacobs Attorneys for Plaintiff, BIG WASHINGTON, LLC LAW OFFICE OF RICHARD JACOBS 8 13512 Hatteras Street 9 Van Nuys, CA 91401-4517 Email: richardjacobslaw@gmail.com 10 Stevengibbslaw@outlook.com lawgibbs@pacbell.net 11 12 [ ] BY MAIL: Pursuant to C.C.P. §1013(a). By placing ( ) the original or (X) a true copy thereof enclosed in a sealed envelope. I am readily familiar with the firm’s practice of collection and 13 processing of documents for mailing. Under that practice it would be deposited with the United State Postal Service on that same day with postage thereon fully prepaid at Bakersfield, 14 California in the ordinary course of business. 15 [X] BY E-MAIL OR ELECTRONIC TRANSMISSION: Pursuant to C.C.P §1010.6, subsection 16 (e)(1), I caused the document(s) to be emailed to the person(s) at the email address(es) on the attached service list. No electronic message or other indication that the transmission was 17 unsuccessful was received within a reasonable time after the transmission. 18 [ ] (BY PERSONAL SERVICE), pursuant to C.C.P. §1011, by placing a true copy thereof 19 enclosed in an envelope and caused such envelope to be delivered by hand to the office(s) of the addresses(s). 20 Executed on March 6, 2023, at Bakersfield, California. 21 22 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 23 [ ] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at 24 whose direction the service was made. 25 26 /s/ Rocki L. Parnell /s/ ROCKI L. PARNELL 27 28 Alexander & Associates Attorneys at Law 1925 G Street Bakersfield, CA 93301 (661) 316-7888