Document for GARZA ET AL VS KNIGHT S PUMPING & PORTABLE SERVICES, INC., A CALIFORNIA CORPORATION ET AL

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                                1   Andrew J. Ulwelling (SBN 272400)
                 ajulwelling@ww.law
             2   WOLFE & WYMAN LLP
                 2212 Dupont Drive
             3   Irvine, California 92612-1525
                 Telephone: (949) 475-9200
             4   Facsimile: (949) 475-9203

             5   Attorneys for Defendants
                 KNIGHT’S SITE SERVICES, INC. dba KNIGHT’S PUMPING & PORTABLE SERVICES,
             6   INC., (erroneously named and served as Knight’s Pumping & Portable Services, Inc.) and
                 ADRIAN LOPEZ
             7

             8                      SUPERIOR COURT OF THE STATE OF CALIFORNIA

             9                                      FOR THE COUNTY OF KERN

            10

            11   VERONICA AIDE GARZA, an individual; JOSE                Case No.: BCV-23-100425
                 ARMANDO SANCHEZ BRAVO, an individual,
            12                                                           Assigned to the Hon. Bernard C. Barmann,
                                Plaintiffs,                              Jr.
            13                                                           Dept H
                   v.
            14                                                           JOINT STIPULATION TO STRIKE
                 KNIGHT’S PUMPING & PORTABLE                             PUNITIVE DAMAGES FROM THE
            15   SERVICES, INC., a California corporation;               COMPLAINT WITHOUT
                 ADRIAN LOPEZ, an individual; and DOES 1                 PREJUDICE; [PROPOSED] ORDER
            16   THROUGH 50, Inclusive,
            17                  Defendants.                              Action Filed:          February 09, 2023
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                        Plaintiffs Veronica Aide Garza and Jose Armando Sanchez Bravo and Defendants Knight’s
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                 Site Services, Inc. dba Knight’s Pumping & Portable Services, Inc., (erroneously named and served
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                 as Knight’s Pumping & Portable Services, Inc.) and Adrian Lopez by and through their respective
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                 counsel of record, and subject to the Court’s approval, hereby stipulate and agree as follows:
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                            1. All claims and prayers for punitive damages in Plaintiff’s Complaint, including but not
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                 limited to the entire “Fourth Cause of Action for Punitive Damages” (page 7, line 15 to page 11, line
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                 9) and the portion of Plaintiff’s Prayer in her Complaint, (page 11, line 16, letter “C”) “punitive
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                 damages,” be stricken as to Defendants Knight’s Site Services, Inc. dba Knight’s Pumping & Portable
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                 Services, Inc. and Adrian Lopez;
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                                                                   1
                  JOINT STIPULATION TO STRIKE PUNITIVE DAMAGES FROM COMPLAINT; [PROPOSED] ORDER
4505102.1
             1              2. The claims and prayers for punitive damages can be re-asserted by Plaintiff without

             2   leave of Court;

             3              3. If plaintiff re-asserts claims or prayers for punitive damages, Defendants Knight’s Site

             4   Services, Inc. dba Knight’s Pumping & Portable Services, Inc. and Adrian Lopez can then file

             5   motion(s) to challenge the claims or prayers for punitive damages, without leave of court;

             6              4. Defendant Knight’s Site Services, Inc. dba Knight’s Pumping & Portable Services, Inc.

             7   shall have 30 days from the date the Court signs the Proposed Order attached to this stipulation to file

             8   a pleading in response to plaintiff’s Complaint. Defendant Adrian Lopez will file a pleading in

             9   response to plaintiff’s Complaint within the deadlines established by the Code of Civil Procedure once

            10   he is served with the Complaint.

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            12   DATED: March 6, 2023                          WOLFE & WYMAN LLP

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            15                                                 By:
                                                                    ANDREW J. ULWELLING
            16                                                 Attorneys for Defendants
            17                                                 KNIGHT’S SITE SERVICES, INC. dba KNIGHT’S
                                                               PUMPING & PORTABLE SERVICES, INC.,
            18                                                 (ERRONEOUSLY NAMED AND SERVED AS
                                                               KNIGHT’S PUMPING & PORTABLE SERVICES,
            19                                                 INC.) and ADRIAN LOPEZ
            20

            21
                               6 2023
                 DATED: March __,                              YAGOUBZADEH LAW FIRM LLP
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            23                                                 By:
                                                                    SEAN O’DOHERTY
            24                                                      HALI AZIZ
            25                                                 Attorneys for Plaintiffs
                                                               VERONICA AIDE GARZA and JOSE ARMANDO
            26                                                 SANCHEZ BRAVO

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                                                                     2
                  JOINT STIPULATION TO STRIKE PUNITIVE DAMAGES FROM COMPLAINT; [PROPOSED] ORDER
4505102.1
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             4                                         [PROPOSED] ORDER

             5          IT IS ORDERED that all claims and prayers for punitive damages in Plaintiff’s Complaint, be

             6   stricken as to Defendants Knight’s Site Services, Inc. dba Knight’s Pumping & Portable Services, Inc.

             7   and Adrian Lopez. If claims and prayers for punitive damages are re-asserted, Defendants Knight’s

             8   Site Services, Inc. dba Knight’s Pumping & Portable Services, Inc. and Adrian Lopez, can file

             9   motion(s) challenging those claims and prayers.

            10              IT IS FUTHER ORDERED that Defendant Knight’s Site Services, Inc. dba Knight’s

            11   Pumping & Portable Services, Inc. shall have 30 days from the date the Court signs this Proposed

            12   Order to file a pleading in response to plaintiff’s Complaint. Defendant Adrian Lopez will file a

            13   pleading in response to plaintiff’s Complaint within the deadlines established by the Code of Civil

            14   Procedure once he is served with the Complaint.

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            16   DATED:                                            By:
                                                                         JUDGE OF THE SUPERIOR COURT
            17                                                           COUNTY OF KERN
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                                                                    3
                  JOINT STIPULATION TO STRIKE PUNITIVE DAMAGES FROM COMPLAINT; [PROPOSED] ORDER
4505102.1