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1 Murray Tragish, Esq. (SBN: 80759)
LAW OFFICES OF MURRAY TRAGISH
2 5330 Office Center Court, Suite 72
Bakersfield, CA 93309
3 Email: murray@murraytragish.com
Telephone: (661) 324-2648
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Craig M. Lynch, Esq. (SBN 105998)
5 LYNCH AND LYNCH
10913 Craigton Court
6 Bakersfield, CA 93311
Mailing Address: P.O. Box 13515
7 Bakersfield, CA 93389-3515
Email: clynch@lynchandlynchlawfirm.com
8 Telephone: (661) 322-8396
9 Attorney for Plaintiff, ALDAR MINI STORAGE, L.P.,
a California Limited Partnership
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11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF KERN, METROPOLITAN DISTRICT, CIVIL DIVISION
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ALDAR MINI STORAGE, L.P., a California ) Case No.: BCV-20-101265-BCB
13 limited partnership, )
) ALDAR MINI STORAGE, L.P.’S NOTICE OF
14 Plaintiff, ) MOTION AND MOTION FOR
vs. ) CONTINUANCE OF MANDATORY
15 ) SETTLEMENT CONFERENCE, FINAL
THV ENTERPRISES, a California ) CASE MANAGEMENT AND TRIAL;
16 ) MEMORANDUM OF POINTS AND
corporation; THV HAYKNARIK, LLC, a ) AUTHORITIES AND DECLARATION OF
California limited liability company; WORLD ) MURRAY TRAGISH IN SUPPORT
17 )
OF PENTECOST, INC., a California non- THEREOF
profit religious corporation, also known as )
18 ) [Rule 3.1332 of the CRC]
WORLD OF PENTECOST-LIFE CHURCH; )
19 KHACHATUR GHASABYAN, an individual ) Date of Hearing: August 24, 2023
also known as CHRIS GHASABYAN; ) Time of Hearing: 8:30 a.m.
20 TIGRAN ARUTYUNYAN, an individual; ) Division: H
and DOES 1 through 500, inclusive, ) Location: 1215 Truxtun Avenue
21 ) Bakersfield, CA 93301
)
22 Defendants. ) Assigned to the Honorable Bernard C. Barmann
_____________________________________ )
23 ) Action Filed: June 1, 2020
)
24 WORLD OF PENTECOST, INC., a ) Second Amended Complaint Filed:
) Dec. 21, 2020
25 Cross-Complainant, ) First Amended Cross-Complaint:
) May 24, 2021
26 vs. ) Dismissal of World of Pentecost Cross-
) Complaint and Answer to Second Amended
27 ALDAR MINI STORAGE, L.P., a California ) Complaint: May 26, 2023
limited partnership, DERRELL RIDENOUR, ) Trial Date: October 30, 2023
28 an individual, HEIDI NELSON, an individual, ))
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NOTICE OF HEARING ON MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT
CONFERENCE, FINAL CASE MANAGEMENT AND TRIAL
1 THV ENTERPRISES, a California )
corporation; THV HAYKNARIK, LLC, a )
2 California limited liability company; ALDAR )
MINI STORAGE, L.P., a California limited )
3 partnership, KHACHATUR GHASABYAN, )
an individual also known as CHRIS )
4 GHASABYAN; TIGRAN ARUTYUNYAN, )
All Persons Unknown, Claiming any Legal or )
5 Equitable Right, Title, Estate, Lien, or Interest ))
in the Property Described in the Complaint or )
6 Cross-Complaint Adverse to Cross- )
Complainant’s Title Thereto, and DOES 1 )
7 through 500, inclusive, )
)
8 [Cross-] Defendants. )
_____________________________________ )
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TO THE ABOVE-ENTITLED COURT, AND TO ALL PARTIES AND THEIR
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11 ATTORNEYS OF RECORD:
12 NOTICE IS HEREBY GIVEN that on August 24, 2023, at 8:30 a.m., or as soon
13 thereafter as the matter may be heard, in Division H in the instant Court, located at 1215 Truxtun
14 Avenue, Bakersfield, California 93301, Plaintiff: ALDAR MINI STORAGE, L.P., a California
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limited partnership (hereinafter referred to as “Aldar”), will and shall move for an Order continuing
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the currently scheduled Mandatory Settlement Conference of September 29, 2023, and Final
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Case Management and Trial Date of October 30, 2023 for a 4-month continuance, to March 24,
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19 2024, or such date as set by the instant Court (hereinafter referred to as the “Motion”). The Cross-
20 Complaint of World of Pentecost was dismissed, with prejudice, by the Court on May 26, 2023.
21 This Motion is made on the grounds that good cause exists pursuant to California Rules of
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Court Rule 3.1332(c), based on circumstances that have delayed the completion of Discovery and Trial
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preparation for the instant case.
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This Motion is made and based upon this Motion and Notice of Hearing, the supporting
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Declaration of Murray Tragish and the Memorandum of Points and Authorities in support thereof, and
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NOTICE OF HEARING ON MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT
CONFERENCE, FINAL CASE MANAGEMENT AND TRIAL
1 any and all oral and/or documentary evidence and argument as may be adduced at the time of the
2 hearing of the Motion.
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DATED: July 18, 2023 LYNCH & LYNCH
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By: ________________________________
6 Craig M. Lynch, Esq.
Attorneys for Plaintiff, Aldar Mini
7 Storage, L.P., a California limited
partnership
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NOTICE OF HEARING ON MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT
CONFERENCE, FINAL CASE MANAGEMENT AND TRIAL
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3 STATEMENT OF FACTS
4 As more fully set forth in the Declaration of Murray Tragish (hereinafter referred to as the
5 “Decl. of MT”), filed concurrently herewith, this Motion is made on the grounds that Movant, Aldar
6 Mini Storage, LP (“Aldar”), has engaged in diligent and good-faith preparation for Trial in the within
7 case. On November 24, 2022, the within Court granted a Motion for Continuance of the instant case
8 and discovery and the trial date from March 20, 2023 to October 30, 2023. However, subsequent
9 and numerous events have continued to delay completion of needed discovery in order for Aldar to
10 be properly prepared for Trial because of continual refusals by Defendant/Cross-Complainant:
11 World of Pentecost (“WOP”) to respond to written Discovery and depositions, which required
12 several motions to compel adherence to Court Orders, all of which required substantial law and
13 motion Court time and delayed obtaining relevant and required Discovery and documents, which
14 were required in conjunction with Discovery of other Defendants.
15 Heidi Nelson is a material percipient witness in these proceedings and she has actively
16 avoided service of a subpoena for deposition over the past months. The recent substantial research
17 has identified her exact whereabouts and service on her is pending; however, a deposition may not
18 be conducted until August or September of 2023.
19 There are complex factual issues between Plaintiff Aldar and Defendants, THV
20 Enterprises (“THV”), THV HAYKNARIK, LLC (“Hayknarik”), KHACHATUR GHASABYAN
21 (“Chris”), TIGRAN ARUTYUNYAN (“Tigran”) (collectively “THV Defendants”). There are
22 issues, including, but mot limited to, related to the amount of rent owing, use of the real property
23 located at 3025 Fairfax Road, Bakersfield, California (“Property”) for dual purposes between
24 WOP and THV, maintenance and upkeep of the HVAC system at the real property, alteration to
25 the real property and its premises, ongoing maintenance to the grounds located at and adjacent to
26 the real property, remediation of environmental mold conditions and timely removal of the THV
27 Defendants during remediation, interference with the roof repairs, the nature and extent of the
28 Guaranty to the lease by Defendant Chris, acquisition, maintenance and removal of modular units
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MEMORANDUM OF POINTS AND AUTHORITIES
1 located at the Real Property.
2 While written Discovery has been engaged in between Aldar and the THV Defendants,
3 their notice of taking deposition was interfered with because of the ongoing bad faith by WOP in
4 cooperating and providing Discovery as ordered by the Court, which is required in conjunction
5 with Discovery involving the THV Defendants.
6 The THV Defendants’ depositions are currently noticed for September 2023, but the
7 Discovery cut off is September 29, 2023. A date will be provided by Aldar for a deposition of its
8 person most knowledgeable upon confirmation of the currently scheduled dates of deposition for
9 the THV Defendants.
10 WOP is a material and percipient witness in these proceedings. The knowledgeable
11 individuals for WOP were Kurt Johnson and Linda Johnson, and while officers of WOP, several
12 attempts were made to schedule and take the depositions of the Johnsons, notwithstanding
13 ongoing claims of illnesses, accidents, COVID related infections, family deaths, out of town
14 explanations, hospitalizations and family emergencies, and a date was finally set in February
15 2023, accommodating the Johnson officers of WOP via remote appearance, however, consistent
16 with their and WOP’s behavior in these proceedings, they failed to appear.
17 Ten days after the Johnsons failure to appear for their duly noticed depositions, they
18 resigned as officers of WOP on March 3, 2023 and physically left the State of California.
19 Aldar has commissioned a private investigator to identify the Johnsons’ whereabouts and
20 their deposition as third-parties to these proceedings is scheduled for end of August 2023 and
21 earlier part of September 2023.
22 Without a short continuance of the trial date and extension of time for discovery, Aldar
23 will not be properly prepared for trial and be able to complete its Discovery in an orderly and
24 efficient fashion.
25 II.
26 THE COURT SHOULD GRANT THE MOTION BECAUSE THERE IS
27 A SHOWING OF GOOD CAUSE TO SUPPORT A CONTINUANCE
28 Although motions for continuances of trial are disfavored, the Court should consider each on
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MEMORANDUM OF POINTS AND AUTHORITIES
1 its own merits and should be granted on an affirmative showing of good cause. California Rules of
2 Court Rile 3.1332(c).
3 Circumstances that may support good cause include “A party's excused inability to obtain
4 essential testimony, documents, or other material evidence despite diligent efforts;” or “A
5 significant, unanticipated change in the status of the case as a result of which the case is not
6 ready for trial.” California Rules of Court Rule 3.1332(c)(3)(4)(7) [emphasis added]
7 The California Rules of Court also indicate that the Court must consider all facts and
8 circumstances on its determination of good cause, including the following:
9 “(1) The proximity of the trial date;
10 (2) Whether there was any previous continuance, extension of time, or delay of trial due to
11 any party;
12 (3) The length of the continuance requested;
13 (4) The availability of alternative means to address the problem that gave rise to the motion
14 or application for a continuance;
15 (5) The prejudice that parties or witnesses will suffer as a result of the continuance;
16 (6) If the case is entitled to a preferential trial setting, the reasons for that status and
17 whether the need for a continuance outweighs the need to avoid delay;
18 (7) The court's calendar and the impact of granting a continuance on other pending trials;
19 (8) Whether trial counsel is engaged in another trial;
20 (9) Whether all parties have stipulated to a continuance;
21 (10) Whether the interests of justice are best served by a continuance, by the trial of the
22 matter, or by imposing conditions on the continuance; and
23 (11) Any other fact or circumstance relevant to the fair determination of the motion or
24 application” California Rules of Court, Rule 3.1332(d)(1)-(11).
25 Where denial of a continuance would result in substantial injustice to the Movant, it is an abuse
26 of discretion to deny it. Hamilton v Orange County Sheriff’s Department (2017) 8 Cal.App.5th 759,
27 766, 214 Cal.Rptr.3d 151, 156
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MEMORANDUM OF POINTS AND AUTHORITIES
1 III.
2 CONCLUSION
3 As set forth in the Decl. of MT, because of the continual delays and interference by
4 WOP, and the fact that the discovery cutoff is September 30, 2023, and that the completion of
5 discovery will require at least an additional 3-4 months in order to be properly prepared for
6 trial, it is respectfully requested that the Court grant this Motion for Continuance. Aldar
7 respectfully requests that the trial date and extension of discovery under California Code of
8 Civil Procedure §2024.020 be continued to the end of March 2024, or such date as the Court
9 sets for the continued Trial date.
10 DATED: July 18, 2023 LYNCH & LYNCH
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12 By: ________________________________
Craig M. Lynch, Esq.
13 Attorneys for Plaintiff, Aldar Mini
Storage, L.P., a California limited
14 partnership
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MEMORANDUM OF POINTS AND AUTHORITIES
1 DECLARATION OF MURRAY TRAGISH
2 1. That I am an attorney duly licensed to practice before all Courts in the State of
3 California, and I am one of the attorneys of record for the Plaintiff: Aldar Mini Storage,
4 L.P. (hereinafter referred to as “Aldar”).
5 2. I have personal knowledge of the facts stated herein, except where the text
6 indicates otherwise to which I believe them to be true, and if called as a witness, could and
7 would competently attest thereto.
8 3. On or about June 1, 2020, Aldar filed a Complaint in the instant Court
9 concerning a disputed Lease for real property located at 3025 Fairfax Road, Bakersfield,
10 California, in the County of Kern, State of California (hereinafter referred to as the “Real
11 Property”).
12 4. Subsequently, on December 21, 2020, Aldar filed a Second Amended
13 Complaint for Breach of Lease, Breach of Guaranty, Ejectment and for Declaratory Relief
14 (hereinafter referred to as the “Aldar SAC”) against Defendants: THV Enterprises (“THV”),
15 THV Hayknarik, LLC (“Hayknarik”), Khachatur Ghasabyan (“Chris”) and Tigran
16 Arutyunyun (“Tigran”) and hereinafter collectively referred to as “THV Defendants,” and
17 Defendant: World of Pentecost, Inc. aka World of Pentecost-Life Church (hereinafter referred
18 to as “WOP”).
19 5. On or about May 24, 2021, WOP filed a Verified First Amended Cross-
20 Complaint against Aldar, Derrel Ridenour (“Ridenour”) and the THV Defendants alleging 13
21 causes of action covering a plethora of confusing and complex events, issues and matters
22 requiring extensive Discovery and raising broad transactional issues and facts from 2012 to
23 2021 (hereinafter referred to as the “WOP FAC”).
24 6. The WOP FAC also named Heidi Nelson as a party Cross-Defendant,
25 however, she has never been served in the within case, but is still a material and percipient
26 witness in the instant case, who is actively avoiding service of a deposition subpoena. Four
27 separate attempts have been made to serve Heidi Nelson. Heidi Nelson was the real estate
28 broker who was involved in the subject transaction.
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DECLARATION OF MURRAY TRAGISH
1 7. The Aldar SAC concerns issues arising from a Commercial Lease Agreement,
2 dated October 9, 2017, between WOP and THV, whereby WOP, as Landlord, leased the Real
3 Property to THV with the Lease to commence on January 1, 2017 and terminate on January 1,
4 2027, with a base starting rent of approximately $12,000 per month (hereinafter referred to as
5 the “Lease Agreement”).
6 8. Subsequently, Aldar purchased the Real Property from WOP effective July 27,
7 2018.
8 9. As a result of the disputes between WOP, Aldar and the THV Defendants,
9 extensive factual and transactional issues between the parties have given rise to the instant
10 litigation.
11 10. The issues between Aldar and the THV Defendants relate to the Lease
12 Agreement, as follows:
13 a. The amount of rent owing;
14 b. Use of the Real Property for dual purposes between the Church and for
15 an adult daycare center;
16 c. Maintenance and upkeep of the HVAC system at the Real Property;
17 d. Alterations to the Real Property and its premises;
18 e. Ongoing maintenance to the grounds located at and adjacent to the Real
19 Property;
20 f. Remediation of environmental mold conditions and timely removal of
21 the Defendants during remediation;
22 g. Interference with repairs to the roof;
23 h. The nature and extent of the Guaranty to the lease Agreement by
24 Defendant: Chris;
25 i. Acquisition, maintenance and removal of modular units located at the
26 Real Property; and
27 j. Timely permits concerning the use of the Real Property in compliance
28 with the Lease Agreement; and such other and further as identified and ascertained through
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DECLARATION OF MURRAY TRAGISH
1 ongoing Discovery.
2 11. On May 26, 2023, the Court dismissed, with prejudice, the WOP FAC against
3 all party Cross- Defendants, which involved numerous issues that greatly expanded expanding
4 the scope, time and expense of Discovery in the instant case based on allegations concerning
5 the following:
6 a. Breach of the Lease;
7 b. Breach of Contract through a Third Party Beneficiary Theory;
8 c. For Civil Conspiracy Among the Cross-Defendants;
9 d. For Fraud and Deceit Based on Concealment;
10 e. Conversion of the Personal and Real Property by the Cross-Defendants;
11 f. Breach of Alleged Fiduciary Duties by Cross-Defendants;
12 g. For Intentional Interference with the Contractual Relations of WOP;
13 h. For Intentional Interference with the Prospective Economic Relation of
14 WOP;
15 i. For Negligent Interference with Economic relations of WOP;
16 j. For Constructive Eviction of WOP from the Real Property;
17 k. For Recovery of the Real Property by Quiet Title;
18 l. For Constructive Eviction of WOP;
19 m. For Declaratory Relief;
20 n. For Interference and the Quiet Enjoyment of WOP pertaining to the Real
21 Property;
22 o. For allegations of Fraud and Embezzlement by the Cross-Defendants.
23 12. Notwithstanding the recent dismissal of the WOP FAC, it raised issues that are
24 related to both the Aldar SAC and the WOP FAC, and in view of the transactional facts and
25 events, the anticipated Discovery involved extensive transactions, facts and events,
26 commencing in 2012 through 2021, and the identification of potential material witnesses, both
27 as parties and un-named parties in these proceedings, and involving WOP’s officers and
28 directors and several of its Church members that were involved in several of the transactional
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DECLARATION OF MURRAY TRAGISH
1 events.
2 13. In view of the extensive and encompassing issues involved it was also
3 imperative that Discovery involving WOP was propounded and responses acquired to identify
4 all potential testimony, facts and relevant documents and the identification of material
5 witnesses, which also was material and relevant to the Aldar SAC and the named defendants,
6 including the THV Defendants. Additionally, the depositions of WOP’s Person Most
7 Knowledgeable, Kurt Johnson and Linda Johnson as Officers of WOP and percipient witnesses,
8 be obtained because of their participation in the transactions raised in the Aldar SAC.
9 14. However, because of the intervening COVID-19 pandemic, in 2020, 2021 and
10 parts of 2022, and lack of good faith cooperation by WOP and its officers, Kurt Johnson and
11 Linda Johnson, in the ongoing attempts to take their deposition (which is still required in the
12 case) and responses to written Discovery, and their representations of various ongoing illnesses,
13 accidents, COVID related infections, family deaths, out of town explanations, hospitalization,
14 family emergencies and other unrelated inabilities and ongoing purported justifications for
15 inability to cooperate in Discovery, Plaintiff experienced an enormous delay in this case to
16 conclude the Discovery in an orderly fashion. This was compounded by the untimely passing
17 of Aldar’s co-counsel and Trial attorney, Ray T. Mullen, on August 16, 2022, and the September
18 2022 substitution of a new Trial attorney for Aldar, which required a substantial period of time
19 for new counsel to familiarize himself with the Aldar SAC and the WOP voluminous Cross-
20 Complaint in the within proceedings, which has caused additional delays in proceeding forward
21 in completing Discovery in the case.
22 15. The following is a summary of the numerous incurred delays in these
23 proceedings which has substantially interfered with the ability of Aldar to complete Discovery
24 in an orderly fashion and in the preparation for Trial.
25 a. Aldar promptly propounded to WOP its first sets of Form
26 Interrogatories, Special Interrogatories, and Demand for Production of Documents on July 20,
27 2021. The original date on which the responses to the aforementioned WOP Discovery was
28 due was August 26, 2021.
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DECLARATION OF MURRAY TRAGISH
1 b. While Thomas Alexander, Esq. first appeared in these proceedings as
2 WOP’s attorney on May 24, 2021, thereafter, he represented that even though he was of record
3 he was not representing or continuing to represent WOP entirely in these proceedings but only
4 on a limited basis. Further, WOP was a suspended corporation and lacked standing in these
5 proceedings because of its failure to have representation and its suspension as a California
6 corporation. On January 25, 2022, Aldar filed a Motion to Strike the WOP Answer and Cross-
7 Complaint, which was heard by the Court on the continued hearing date of April 19, 2022. The
8 Court allowed WOP 30-days in which to reinstate the corporation in good standing and for
9 Thomas Alexander, Esq. to file the appropriate Substitution of Attorney into the case.
10 c. As a result of WOP’s failure to provide full and complete responses to
11 the first sets of Special Interrogatories and Demand for Production of Documents, Aldar filed a
12 Motion to Compel further responses and documents to the Demand for Production of
13 Documents, Set One on February 26, 2022, and a Motion to Compel for WOP to provide further
14 and complete responses to the Special Interrogatories, Set One, on February 24, 2022. The
15 Court granted the Motions and ordered on May 4, 2022 further responses to be provided on
16 March 30, 2022 and the award of sanctions.
17 d. As a result of the continued failure of WOP to respond to propounded
18 Discovery in good faith, Aldar had to file another Motion to Compel written responses and for
19 production of documents, and sanctions, to the Demand for Production, Set Two, and for further
20 responses to the first set of Special Interrogatories, both of which were heard by the instant
21 Court on August 2, 2022. The Court granted the Motions, including an award of sanctions, and
22 ordered WOP to provide full and complete responses to the first set of Special Interrogatories
23 on or before August 17, 2022, and for a complete response to the Demand for Production of
24 Documents, Set Two, no later than September 1, 2022.
25 e. Once again, WOP failed to provide any responses to Aldar’s second set
26 of Demand for Production of Documents, which resulted in Aldar filing another Motion to
27 Compel, which was heard by the within Court on December 16, 2022. The Court granted the
28 Motions and for sanctions, and ordered compliance by December 21, 2022.
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DECLARATION OF MURRAY TRAGISH
1 f. As a result of WOP’s failure to provide responses to the second set of
2 Demand for Production of Documents, Aldar filed another Motion to Compel responses to its
3 second set against WOP, and for sanctions, and for violation of the Court Order which was a
4 continued hearing to May 26, 2023. The within Court granted the Motion to Compel responses
5 and documents to the second set of Demand for Production of Documents, and the award of
6 sanctions.
7 g. Notwithstanding Aldar’s good faith effort to set the depositions of
8 WOP’s Person Most Knowledgeable (PMK) and its principal and material witnesses, Kurt
9 Johnson and Linda Johnson, on numerous occasions, which was met with cancellation because
10 of health or unavailability for over 7 months, and after they stipulated to the dates for the
11 depositions, failed to attend their depositions set for February 2023, a Motion to Compel their
12 attendance was filed with the within Court and pursuant to a continued hearing to May 26, 2023,
13 the Motion was granted with sanctions.
14 h. WOP’s failure to respond to propounded Discovery by THV to it,
15 resulted in THV’s Motion for an Order Imposing Sanctions against WOP for failure to obey the
16 previous Court Orders to provide Discovery responses, which was heard by the Court at the
17 continued hearing on May 26, 2023, and was granted.
18 i. In conjunction with the ongoing bad faith, dilatory and disingenuous
19 conduct by WOP and its principal and main percipient witnesses, its previous attorney, Thomas
20 Alexander, who was in and out of the case throughout these proceedings since his first
21 appearance in May 24, 2021 and caused substantial noticing problems and confusion
22 concerning representation between WOP, its Officers and Mr. Alexander, where he denied
23 representation, while remaining the attorney of record. Finally, a Substitution of Attorney was
24 accepted by the Court and once again, WOP did not have legal representation. As a result,
25 Aldar filed a Motion to Strike WOP’s Answer and for entry of default, and for dismissal of the
26 WOP Cross-Complaint, with prejudice, which was heard by the Court at a continued hearing
27 on May 26, 2023, and was granted.
28 j. In the Plaintiff’s case, the material and percipient witnesses are not only
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DECLARATION OF MURRAY TRAGISH
1 WOP, but WOP’s President and Vice-President and Chief Financial Officers, Kurt Johnson and
2 Linda Johnson, who were hands-on material and percipient witnesses to many of the issues
3 currently pending in the Plaintiff’s case as well as the possession of numerous documents not
4 produced and their testimony regarding the transactional events and facts and identification of
5 other witnesses is required in the case. Ten days after the Johnsons failed to show up to their
6 stipulated depositions, on March 3, 2023, WOP filed a new Statement of Information whereby
7 Kurt Johnson and Linda Johnson were no longer affiliated with WOP as Officers, and
8 apparently have left the State of California. Their testimony is still paramount in this case, and
9 Aldar hired a private investigator to locate Kurt Johnson and Linda Johnson, and they have been
10 located to an out of state address, and local counsel has been retained whereby Kurt Johnson
11 and Linda Johnson will be served deposition subpoenas with document production demands for
12 depositions at the end of August 2023, or thereafter.
13 k. Aldar has propounded to the THV Defendants, Special Interrogatories,
14 Demands for Production of Documents, Requests for Admissions, and Form Interrogatories,
15 Sets One, on December 9, 2021. Responses were received on April 29, 2022, except for
16 responses to Special Interrogatories received on July 5, 2022, Supplemental document
17 production on July 15, 2022 and further responses to Special Interrogatories on September 19,
18 2022.
19 l. THV propounded to Aldar, Special Interrogatories, Request for
20 Production and Form Interrogatories, Sets One, on July 20, 2022, and Aldar responded to the
21 THV Discovery on November 11, 2022.
22 m. In view of the ongoing dilatory and disingenuous conduct by WOP, the
23 Johnsons and Thomas Alexander, for the past year and a half, it has substantially interfered with
24 the ability to complete Discovery in an orderly fashion and complete its Discovery and noticed
25 depositions of the THV Defendants. In response to the Court’s Orders on May 26, 2023, Aldar
26 is in the process of setting depositions of THV’s PMK, Tigran Arutyunyan, Chris Ghasabyan
27 and the now existing President of WOP, John Paschal and Blade Ministries, and for further
28 production of documents, and other material witnesses will be deposed as a result of their
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DECLARATION OF MURRAY TRAGISH
1 identification through said depositions; however, all either are or very close to the Discovery
2 cutoff and can be compromised by unanticipated events.
3 n. Additionally, Aldar is formulating further subpoenas to take the
4 depositions of other WOP related witnesses and Church members, who had participated on
5 WOP’s behalf concerning the transactional issues and facts in this case and shall also be seeking
6 deposition(s) from the Blade Ministries of World of Pentecost, who allegedly received an
7 Assignment or Sublease of the Lease Agreement and a Right of First Refusal, in breach of the
8 Lease Agreement and the consent requirements but will have to follow the referenced
9 scheduling of indicated witnesses and would be outside of the cutoff date to complete.
10 16. The delay in the case as indicated in the previous paragraphs is also
11 compounded by the passing of Ray T. Mullen on August 16, 2022, which required Aldar
12 obtaining new Trial counsel and for that new counsel to familiarize himself with this case
13 after his substitution into the case in September of 2022, which requires substantial time for
14 familiarization of these proceedings.
15 17. Aldar previously filed a Motion for Continuance, with a proposed Order, on
16 September 29, 2022 and presented to the Court at the hearing on November 14, 2022, that
17 because of the ongoing dilatory, disingenuous and uncooperative conduct by WOP and the
18 Johnsons, it required a continuance from the then Trial date of March 20, 2023 to October
19 30, 2023, for purposes of completing and extending the Discovery cut off dates and
20 preparation for Trial. Aldar requested the continuance to also be a waiver of California Code
21 of Civil Procedure §2024.020 pertaining to the limitations of Discovery, and the Court
22 granted the Motion.
23 18. Thereinafter, Aldar served all parties an Amended Notice of Ruling, a copy
24 of which is attached hereto as Exhibit “A”, which by this reference is incorporated as though
25 set forth in full herein and throughout. The Notice of Ruling was based on the Minute Order,
26 which requested Aldar to merely give Notice of the Court’s granting of all of the Motions,
27 including providing the new dates for the Mandatory Settlement Conference, Final Case
28 Management Conference and Trial, a copy of which is attached as Exhibit “B” and by this
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DECLARATION OF MURRAY TRAGISH
reference is incorporated as though set forth in fu ll herein and throughout.
2 19. All parties received copies of the Amended Notice of Ruling, and no
3 obj ections were received, and it was du ly filed with the Court.
4 20. A ldar has noticed the depositions of the THV Defendants for September 2023
5 and in late September 2023, dates w ill be provided to the THY Defendants of the avai lability
6 of the most knowledgeable person for Aldar.
7 21. Based on the foregoing and described continual delays experienced by Aldar
8 in this case, including the intervening COVID- I 9 pandemic, and the fact that the Discovery
9 cut off is approximately a month and a half from the hearing on this Motion, and that
10 completion of Discovery will require at least an additional 3-4 months to complete and to be
II prepared for Trial, it is respectfully requested that the Court grant the instant Motion for
12 Continuance, and that the Trial date and extension of Di scovery, under California Code of
13 Civil Procedure §2024.020, be continued to the end of
14 I declare under penalty of pe1jury under
15 is true and correct. Executed on this/ J
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DECLA RATION OF MURRAY TRAG ISl-I
EXHIBIT “A”
ELECTRONICALLY FILED
Murray Tragish, Esq., CSB ¹80759
LAW OFFICES OF MURRAY TRAGISH 12/19/2022 3:44 PM
2 5330 Oftice Center Court, Suite 72 Kern County Superior Court
Bakersfield, California 93309 By Berenice Portes Gil, Deputy
3 Tel: (6611 324-2648
E-Mail:mon aygcmurraytragish.corn
1
Craig M. Lynch, Esq., State Bar No. 105998
5
LYNCH 8&LYNCH
ci 10913 Craigton Court
Bakerstielcl, California 93311
7 Mailing'.
P.O. Box 13515
8
Bakersfield, California 93389-3515
&) Tcf:(6613 322-8396
E-Mail:elva&.'ll &1 13 11c'h&ln&llvnchlci'&'&Lco1n
10
Attonteys for Plaintiff/Cross-Def'endant: Aldar Mini Storage, L.P., a
Calif'omia I.,imited PatTnership and
Cross-De!'enclant: De!Tel Ridenour
13
SUPERIOR COUR'I'f'I'HE STATE Ol'ALIFORNIA
Il
IN ANI3 FOR 1'I IE COLIN'I Y OF KERN. ML'TROPOLITAN DISTRICT, CIVIL DIV! SION
15
I ci
AI.,DAR MINI STORAGE, I..P., a California Case No. BCV-20-101265-BCB
limited partnership.
17 AMENDED NO'I'ICE OF RULIN( ON
ALDAR MINI STORAGE, L.P.'S Afi&D
18 Plaintif'I; DERREL RIDENOUR*S &VIOTION ITOR
vs. CONTINUANCE OF MANDA1ORY
I ') SETTLEML7N1'ONFERENCE, I'INAL
1'HV ENTERPRISES, a Calif'ornia CASE MAh'AGEMENT AND 'I RIAL
20
corporation; THV HAYKNARIK. LLC, a
California limited liability company; WORLD [Ihtfe 3.1332 ol the CRC]
21
OF PENTECOST, INC., a Califontia non-
Date ot'-fearing: November 14. 2022
72 profit religious corpora1ion, also known as Time of I-Icaring: 8:30 a.m,
WORI.D OF PENTECOST-LIFE CI-IURCI-I: Division: J — before the Hon. Thomas Clark
23 KHACHA1 UR GHASABYAN, an indiviclual,
also known as CHRIS GHASABYAN; Assigned to the Honorable Bernard C. 13armann
24 TIGRAN ARUTYUNYAN, an individual: and
DOES I through 500, inclusive, Action Filed: June I, 2020
25 Second Amended Complaint Filed: Dec. 21 2020
Det'endants. I irst Amended Cross-Complaint; May 24. 2021
2C& Trial Date: October 30, 2023
27
WORLD OF PENTL!COST, INC., a
Cross-Complainant,
AN1FNI&1 n NOTICF OF 111!I IN&i ON &u OAR NRNI!i'I ORAOI:, I. 1FCS ANO l)1&RRI'.I lclnl'NOL&R'!i SIOTION I OIL CONTINt!ANL'F.
Oi. &SAN17AIORY 'il rll l&81FNI LONI'I.RLNCI. I INAI CA'ir 81ANA(;F1&11 NT AND IRIAI
vs.
2 ALDAR MINI STORAGE, L.P., a
California limited partnership, DERRELL
3 RIDENOUR, an individual, HEIDI NELSON,
an individual, THV ENTERPRISES, a
4
California corporation; THV HAYKNARIK,
5 LLC, a California limited liability company;
ALDAR MINI STORAGE, L.P., a California
6 limited partnership, KHACHATUR
7
GHASABYAN, an individual, also known as
CHRIS GHASABYAN; TIGRAN
8 ARUTYUNYAN, All Person Unknown,
Claiming any Legal or Equitable Right, Title,
9
Estate, Lien, or Interest in the Property
10
Described in the Complaint or Cross-
Complaint Adverse to Cross-Complainant's
II Title Thereto, and DOES 1 through 500,
inclusive,
12
13 fCrossl-Defendants.
14 NOTICE IF HEREBY GIVEN that on November 14, 2022, at 8:30 a.m., in Division Jo
15
the above-entitled Court, located at 1215 Truxtun Avenue, Bakersfield, California 93301, thi
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hearing of the Plaintiff/Cross-Defendant: Aldar Mini Storage, L.P., a California limitec
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partnership, and Cross-Defendant: Derrel Ridenour (hereinafter collectively referred to as
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19 "Movants") Motion for Continuance of the currently scheduled Mandatory Settlement Conference
20 Final Case Management and Trial Date, was heard, with appearances by Murray Tragish, Esq. on
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behalf of Movants, Ronald D. Dessy, Esq. on behalf of Defendant/Cross-Defendant: Khachatw
22
Ghasabyan, Andrew Slater, Esq. on behalf of Defendants/Cross-Defendant: THV Enterprises
23
24
THV Hayknarik, LLC and Tigran Arutyunyan, and by Stratton Barbee, Esq., specially appearin1
25 on behalf of Defendant/Cross-Complainant: World of Pentecost-Life Church, Inc. aka World o
26 Pentecost-Life Church, and after having read and considered the moving papers filed on behalf o
27
Movants, and no opposition having been timely filed, the Court ordered as follows:
28
AMENDED NOTICE OF RULING ON ALDAR MINI STORAGE. L.P.'S AND DERREL RIDENOUR"S MOTION FOR CONTINUANCE
OF MANDATORY SETTLEMENT CONFERENCE. FINAL CASE MANAGEMENT AND TRIAL
2
1. The Motion for Continuance of the cun-ently scheduled Mandatory Settlement Conference
2 Final Case Management and Trial Date is granted.
3 2. The February 17, 2023 hearing on Mandato1y Settlement Conference is vacated. Th
4
Mandatmy Settlement Conference shall be heard on September 29, 2023. The time an
5
location shall be detennined and noticed by the Cmn1.
6
7
3. The March 20, 2023 Final Case Management is vacated. The Final Case Management shal
8 be heard on October 27. 2023, at 1:30 p.m., in Division H of the above-entitled Court.
9
located at 1215 Truxtun Avenue, Bakersfield, California 9330 I.
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4. The March 20, 2023 Trial is vacated. The Trial shall commence on October 30. 2023, a
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9:00 a.m., in Division Hof the above-entitled Court, located at 1215 Truxtun Avenue
12
13 Bakersfield, California 93301.
14 5. All applicable Motions and Discovery deadlines are extended and continued t
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correspond to the new Trial date.
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Dated: December 19, 2022
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J\lvlENDED NOTICE OF RULING ON ALD/dl iv11Nl STORAGE, L.P.'S /\ND DER REL RIDl::NOlJR'S f\..IOTlON FOR CONTINUANCE
OF t-.·1AND1\TORY sr:TTLr.::vu:NT CONFERENCE. FINAL C1\SE MANAGEr....1ENl AND TRIAi.
]
PROOF OF SERVICE
Aldar Mini Storage, L.P. vs. THV Enterprises, Inc., et al.
Kern County Superior Court; Case No. BCV-20-101265-BCB
STATE OF CALIFORNIA, COUNTY OF KERN
I am a citizen of the United States and employed in the County of Kern, State of California and my
business address is 5330 Office Center Comt, Suite 72, Bakersfield, California 93309; I am over the age of
eighteen and not a patty to the within entitled action.
On December 19, 2022, I served the following document(s) described as: AMENDED NOTICE
OF RULING ON ALDAR MINI STORAGE, L.P.'S AND DERREL RIDENOUR'S MOTION FOR
CONMTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE
MANAGEMENT AND TRIAL, on the interested parties to said action or through their attorneys of
record, by placing a true copy thereof in a sealed envelope, addressed as shown below, by the following
means:
XX (By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fu lly
prepaid, for collection and mailing on that date following ordinary business practices, in the United
States Mail at the Law Offices of Murray Tragish, Bakersfield, California, addressed as shown
below. I am readily familiar with this business's practice for collection and processing of
correspondence for mailing with the U.S. Postal Service, and in the ordinary course of business
correspondence would be deposited with the U.S. Postal Service the same day it was placed for
collection and processing.
Attorney for Defendant/Cross-Defendant: Khacha1tur Ghasabyan aka Chris Ghasabyan
Ronald D. Dessy, Esq.
Dessy & Dessy APC
130 I "L" Street
Bakersfield, California 9330 I
Attorney for Defendants/Cross-Defendants: THY Enterprises, THY Hayknarik, LLC and
Tigran Arutyunyan
G. Andrew Slater, Esq.
Quall Cardot, LLP
205 East River Park Circle, Suite 110
Fresno, California 93720
Attorneys for Defendant/Cross-Complainant: on behalf of World of Pentecost, Inc. aka
World of Pentecost Life-Church, and Limited Representation Attorney for World of
Pentecost Church aka World of Pentecost Life Church
Thomas M. Alexander, Jr. Esq.
Alexander Law Offices
226 East Sixth Street
Beaumont, California 92223
_x_ (By Electronic Service) Complying with California Code of Civil Procedure § I 0 I0.6, caused each
such document(s) to be electronically served from amy@murraytragish.com to each addressee
below. The file transmission was repo1ted as complete and a copy of the receipt will be maintained
with the original document(s) in our office.
Page I of 2
Rond l 952@aol.com Ronald D. Dessy, Esq.
alexanderslaw@gmai l.com Thomas Alexanders, Jr., Esq.
aslater@quallcardot.com G. Andrew Slater, Esq.
I declare under penalty of pe1jury under the laws of the State of California that th regoing is true and
correct, and that I am employed in the office of a member of the Bar of this u1 at whose direction the
service was made. Executed on December 19, 2022, at Bakersfi Id, tforni , County of Kern.
Page 2 of 2
EXHIBIT “B”
Superior Court of California
County of Kern
Bakersfield Division H
Hearing Date: 11/14/2022 Time: 8:30 AM - 12:00 PM
ALDAR MINI STOREAGE, L.P. VS GHASABYAN ET AL
BCV-20-101265
Honorable: Brett Myers Clerk: Inez Trimble
Court Reporter: . None Bailiff: Deputy Sheriff
Interpreter: Language Of:
PARTIES:
Present:
ALDAR MINI STOREAGE, L.P., A CALIFORNIA TRAGISH, MURRAY Attorney, Present
LIMITED PARTNERSHIP Plaintiff, Not Present
ARUTUNYAN, TIGRAN Defendant, Not Present SLATER, G ANDREW Attorney, Present
GHASABYAN, KHACHARTUR DESSY, RONALD D Attorney, Present
AKA GHASABYAN, CHRIS Defendant, Not
Present
THV ENTERPRISES, A CALIFRONIA CORPORATION SLATER, G ANDREW Attorney, Present
Defendant, Not Present
THV HAYKNARIK, LLC., A CALIFORNIA LIMITED SLATER, G ANDREW Attorney, Present
LIABLITY COMPANY Defendant, Not Present
ALDAR MINI STORAGE, L.P.
Preview
1 Murray Tragish, Esq. (SBN: 80759) LAW OFFICES OF MURRAY TRAGISH 2 5330 Office Center Court, Suite 72 Bakersfield, CA 93309 3 Email: murray@murraytragish.com Telephone: (661) 324-2648 4 Craig M. Lynch, Esq. (SBN 105998) 5 LYNCH AND LYNCH 10913 Craigton Court 6 Bakersfield, CA 93311 Mailing Address: P.O. Box 13515 7 Bakersfield, CA 93389-3515 Email: clynch@lynchandlynchlawfirm.com 8 Telephone: (661) 322-8396 9 Attorney for Plaintiff, ALDAR MINI STORAGE, L.P., a California Limited Partnership 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF KERN, METROPOLITAN DISTRICT, CIVIL DIVISION 12 ALDAR MINI STORAGE, L.P., a California ) Case No.: BCV-20-101265-BCB 13 limited partnership, ) ) ALDAR MINI STORAGE, L.P.’S NOTICE OF 14 Plaintiff, ) MOTION AND MOTION FOR vs. ) CONTINUANCE OF MANDATORY 15 ) SETTLEMENT CONFERENCE, FINAL THV ENTERPRISES, a California ) CASE MANAGEMENT AND TRIAL; 16 ) MEMORANDUM OF POINTS AND corporation; THV HAYKNARIK, LLC, a ) AUTHORITIES AND DECLARATION OF California limited liability company; WORLD ) MURRAY TRAGISH IN SUPPORT 17 ) OF PENTECOST, INC., a California non- THEREOF profit religious corporation, also known as ) 18 ) [Rule 3.1332 of the CRC] WORLD OF PENTECOST-LIFE CHURCH; ) 19 KHACHATUR GHASABYAN, an individual ) Date of Hearing: August 24, 2023 also known as CHRIS GHASABYAN; ) Time of Hearing: 8:30 a.m. 20 TIGRAN ARUTYUNYAN, an individual; ) Division: H and DOES 1 through 500, inclusive, ) Location: 1215 Truxtun Avenue 21 ) Bakersfield, CA 93301 ) 22 Defendants. ) Assigned to the Honorable Bernard C. Barmann _____________________________________ ) 23 ) Action Filed: June 1, 2020 ) 24 WORLD OF PENTECOST, INC., a ) Second Amended Complaint Filed: ) Dec. 21, 2020 25 Cross-Complainant, ) First Amended Cross-Complaint: ) May 24, 2021 26 vs. ) Dismissal of World of Pentecost Cross- ) Complaint and Answer to Second Amended 27 ALDAR MINI STORAGE, L.P., a California ) Complaint: May 26, 2023 limited partnership, DERRELL RIDENOUR, ) Trial Date: October 30, 2023 28 an individual, HEIDI NELSON, an individual, )) 1 NOTICE OF HEARING ON MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT AND TRIAL 1 THV ENTERPRISES, a California ) corporation; THV HAYKNARIK, LLC, a ) 2 California limited liability company; ALDAR ) MINI STORAGE, L.P., a California limited ) 3 partnership, KHACHATUR GHASABYAN, ) an individual also known as CHRIS ) 4 GHASABYAN; TIGRAN ARUTYUNYAN, ) All Persons Unknown, Claiming any Legal or ) 5 Equitable Right, Title, Estate, Lien, or Interest )) in the Property Described in the Complaint or ) 6 Cross-Complaint Adverse to Cross- ) Complainant’s Title Thereto, and DOES 1 ) 7 through 500, inclusive, ) ) 8 [Cross-] Defendants. ) _____________________________________ ) 9 TO THE ABOVE-ENTITLED COURT, AND TO ALL PARTIES AND THEIR 10 11 ATTORNEYS OF RECORD: 12 NOTICE IS HEREBY GIVEN that on August 24, 2023, at 8:30 a.m., or as soon 13 thereafter as the matter may be heard, in Division H in the instant Court, located at 1215 Truxtun 14 Avenue, Bakersfield, California 93301, Plaintiff: ALDAR MINI STORAGE, L.P., a California 15 limited partnership (hereinafter referred to as “Aldar”), will and shall move for an Order continuing 16 the currently scheduled Mandatory Settlement Conference of September 29, 2023, and Final 17 Case Management and Trial Date of October 30, 2023 for a 4-month continuance, to March 24, 18 19 2024, or such date as set by the instant Court (hereinafter referred to as the “Motion”). The Cross- 20 Complaint of World of Pentecost was dismissed, with prejudice, by the Court on May 26, 2023. 21 This Motion is made on the grounds that good cause exists pursuant to California Rules of 22 Court Rule 3.1332(c), based on circumstances that have delayed the completion of Discovery and Trial 23 preparation for the instant case. 24 This Motion is made and based upon this Motion and Notice of Hearing, the supporting 25 Declaration of Murray Tragish and the Memorandum of Points and Authorities in support thereof, and 26 27 /// 28 /// 2 NOTICE OF HEARING ON MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT AND TRIAL 1 any and all oral and/or documentary evidence and argument as may be adduced at the time of the 2 hearing of the Motion. 3 DATED: July 18, 2023 LYNCH & LYNCH 4 5 By: ________________________________ 6 Craig M. Lynch, Esq. Attorneys for Plaintiff, Aldar Mini 7 Storage, L.P., a California limited partnership 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 NOTICE OF HEARING ON MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT AND TRIAL 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. 3 STATEMENT OF FACTS 4 As more fully set forth in the Declaration of Murray Tragish (hereinafter referred to as the 5 “Decl. of MT”), filed concurrently herewith, this Motion is made on the grounds that Movant, Aldar 6 Mini Storage, LP (“Aldar”), has engaged in diligent and good-faith preparation for Trial in the within 7 case. On November 24, 2022, the within Court granted a Motion for Continuance of the instant case 8 and discovery and the trial date from March 20, 2023 to October 30, 2023. However, subsequent 9 and numerous events have continued to delay completion of needed discovery in order for Aldar to 10 be properly prepared for Trial because of continual refusals by Defendant/Cross-Complainant: 11 World of Pentecost (“WOP”) to respond to written Discovery and depositions, which required 12 several motions to compel adherence to Court Orders, all of which required substantial law and 13 motion Court time and delayed obtaining relevant and required Discovery and documents, which 14 were required in conjunction with Discovery of other Defendants. 15 Heidi Nelson is a material percipient witness in these proceedings and she has actively 16 avoided service of a subpoena for deposition over the past months. The recent substantial research 17 has identified her exact whereabouts and service on her is pending; however, a deposition may not 18 be conducted until August or September of 2023. 19 There are complex factual issues between Plaintiff Aldar and Defendants, THV 20 Enterprises (“THV”), THV HAYKNARIK, LLC (“Hayknarik”), KHACHATUR GHASABYAN 21 (“Chris”), TIGRAN ARUTYUNYAN (“Tigran”) (collectively “THV Defendants”). There are 22 issues, including, but mot limited to, related to the amount of rent owing, use of the real property 23 located at 3025 Fairfax Road, Bakersfield, California (“Property”) for dual purposes between 24 WOP and THV, maintenance and upkeep of the HVAC system at the real property, alteration to 25 the real property and its premises, ongoing maintenance to the grounds located at and adjacent to 26 the real property, remediation of environmental mold conditions and timely removal of the THV 27 Defendants during remediation, interference with the roof repairs, the nature and extent of the 28 Guaranty to the lease by Defendant Chris, acquisition, maintenance and removal of modular units 1 MEMORANDUM OF POINTS AND AUTHORITIES 1 located at the Real Property. 2 While written Discovery has been engaged in between Aldar and the THV Defendants, 3 their notice of taking deposition was interfered with because of the ongoing bad faith by WOP in 4 cooperating and providing Discovery as ordered by the Court, which is required in conjunction 5 with Discovery involving the THV Defendants. 6 The THV Defendants’ depositions are currently noticed for September 2023, but the 7 Discovery cut off is September 29, 2023. A date will be provided by Aldar for a deposition of its 8 person most knowledgeable upon confirmation of the currently scheduled dates of deposition for 9 the THV Defendants. 10 WOP is a material and percipient witness in these proceedings. The knowledgeable 11 individuals for WOP were Kurt Johnson and Linda Johnson, and while officers of WOP, several 12 attempts were made to schedule and take the depositions of the Johnsons, notwithstanding 13 ongoing claims of illnesses, accidents, COVID related infections, family deaths, out of town 14 explanations, hospitalizations and family emergencies, and a date was finally set in February 15 2023, accommodating the Johnson officers of WOP via remote appearance, however, consistent 16 with their and WOP’s behavior in these proceedings, they failed to appear. 17 Ten days after the Johnsons failure to appear for their duly noticed depositions, they 18 resigned as officers of WOP on March 3, 2023 and physically left the State of California. 19 Aldar has commissioned a private investigator to identify the Johnsons’ whereabouts and 20 their deposition as third-parties to these proceedings is scheduled for end of August 2023 and 21 earlier part of September 2023. 22 Without a short continuance of the trial date and extension of time for discovery, Aldar 23 will not be properly prepared for trial and be able to complete its Discovery in an orderly and 24 efficient fashion. 25 II. 26 THE COURT SHOULD GRANT THE MOTION BECAUSE THERE IS 27 A SHOWING OF GOOD CAUSE TO SUPPORT A CONTINUANCE 28 Although motions for continuances of trial are disfavored, the Court should consider each on 2 MEMORANDUM OF POINTS AND AUTHORITIES 1 its own merits and should be granted on an affirmative showing of good cause. California Rules of 2 Court Rile 3.1332(c). 3 Circumstances that may support good cause include “A party's excused inability to obtain 4 essential testimony, documents, or other material evidence despite diligent efforts;” or “A 5 significant, unanticipated change in the status of the case as a result of which the case is not 6 ready for trial.” California Rules of Court Rule 3.1332(c)(3)(4)(7) [emphasis added] 7 The California Rules of Court also indicate that the Court must consider all facts and 8 circumstances on its determination of good cause, including the following: 9 “(1) The proximity of the trial date; 10 (2) Whether there was any previous continuance, extension of time, or delay of trial due to 11 any party; 12 (3) The length of the continuance requested; 13 (4) The availability of alternative means to address the problem that gave rise to the motion 14 or application for a continuance; 15 (5) The prejudice that parties or witnesses will suffer as a result of the continuance; 16 (6) If the case is entitled to a preferential trial setting, the reasons for that status and 17 whether the need for a continuance outweighs the need to avoid delay; 18 (7) The court's calendar and the impact of granting a continuance on other pending trials; 19 (8) Whether trial counsel is engaged in another trial; 20 (9) Whether all parties have stipulated to a continuance; 21 (10) Whether the interests of justice are best served by a continuance, by the trial of the 22 matter, or by imposing conditions on the continuance; and 23 (11) Any other fact or circumstance relevant to the fair determination of the motion or 24 application” California Rules of Court, Rule 3.1332(d)(1)-(11). 25 Where denial of a continuance would result in substantial injustice to the Movant, it is an abuse 26 of discretion to deny it. Hamilton v Orange County Sheriff’s Department (2017) 8 Cal.App.5th 759, 27 766, 214 Cal.Rptr.3d 151, 156 28 /// 3 MEMORANDUM OF POINTS AND AUTHORITIES 1 III. 2 CONCLUSION 3 As set forth in the Decl. of MT, because of the continual delays and interference by 4 WOP, and the fact that the discovery cutoff is September 30, 2023, and that the completion of 5 discovery will require at least an additional 3-4 months in order to be properly prepared for 6 trial, it is respectfully requested that the Court grant this Motion for Continuance. Aldar 7 respectfully requests that the trial date and extension of discovery under California Code of 8 Civil Procedure §2024.020 be continued to the end of March 2024, or such date as the Court 9 sets for the continued Trial date. 10 DATED: July 18, 2023 LYNCH & LYNCH 11 12 By: ________________________________ Craig M. Lynch, Esq. 13 Attorneys for Plaintiff, Aldar Mini Storage, L.P., a California limited 14 partnership 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 MEMORANDUM OF POINTS AND AUTHORITIES 1 DECLARATION OF MURRAY TRAGISH 2 1. That I am an attorney duly licensed to practice before all Courts in the State of 3 California, and I am one of the attorneys of record for the Plaintiff: Aldar Mini Storage, 4 L.P. (hereinafter referred to as “Aldar”). 5 2. I have personal knowledge of the facts stated herein, except where the text 6 indicates otherwise to which I believe them to be true, and if called as a witness, could and 7 would competently attest thereto. 8 3. On or about June 1, 2020, Aldar filed a Complaint in the instant Court 9 concerning a disputed Lease for real property located at 3025 Fairfax Road, Bakersfield, 10 California, in the County of Kern, State of California (hereinafter referred to as the “Real 11 Property”). 12 4. Subsequently, on December 21, 2020, Aldar filed a Second Amended 13 Complaint for Breach of Lease, Breach of Guaranty, Ejectment and for Declaratory Relief 14 (hereinafter referred to as the “Aldar SAC”) against Defendants: THV Enterprises (“THV”), 15 THV Hayknarik, LLC (“Hayknarik”), Khachatur Ghasabyan (“Chris”) and Tigran 16 Arutyunyun (“Tigran”) and hereinafter collectively referred to as “THV Defendants,” and 17 Defendant: World of Pentecost, Inc. aka World of Pentecost-Life Church (hereinafter referred 18 to as “WOP”). 19 5. On or about May 24, 2021, WOP filed a Verified First Amended Cross- 20 Complaint against Aldar, Derrel Ridenour (“Ridenour”) and the THV Defendants alleging 13 21 causes of action covering a plethora of confusing and complex events, issues and matters 22 requiring extensive Discovery and raising broad transactional issues and facts from 2012 to 23 2021 (hereinafter referred to as the “WOP FAC”). 24 6. The WOP FAC also named Heidi Nelson as a party Cross-Defendant, 25 however, she has never been served in the within case, but is still a material and percipient 26 witness in the instant case, who is actively avoiding service of a deposition subpoena. Four 27 separate attempts have been made to serve Heidi Nelson. Heidi Nelson was the real estate 28 broker who was involved in the subject transaction. 1 DECLARATION OF MURRAY TRAGISH 1 7. The Aldar SAC concerns issues arising from a Commercial Lease Agreement, 2 dated October 9, 2017, between WOP and THV, whereby WOP, as Landlord, leased the Real 3 Property to THV with the Lease to commence on January 1, 2017 and terminate on January 1, 4 2027, with a base starting rent of approximately $12,000 per month (hereinafter referred to as 5 the “Lease Agreement”). 6 8. Subsequently, Aldar purchased the Real Property from WOP effective July 27, 7 2018. 8 9. As a result of the disputes between WOP, Aldar and the THV Defendants, 9 extensive factual and transactional issues between the parties have given rise to the instant 10 litigation. 11 10. The issues between Aldar and the THV Defendants relate to the Lease 12 Agreement, as follows: 13 a. The amount of rent owing; 14 b. Use of the Real Property for dual purposes between the Church and for 15 an adult daycare center; 16 c. Maintenance and upkeep of the HVAC system at the Real Property; 17 d. Alterations to the Real Property and its premises; 18 e. Ongoing maintenance to the grounds located at and adjacent to the Real 19 Property; 20 f. Remediation of environmental mold conditions and timely removal of 21 the Defendants during remediation; 22 g. Interference with repairs to the roof; 23 h. The nature and extent of the Guaranty to the lease Agreement by 24 Defendant: Chris; 25 i. Acquisition, maintenance and removal of modular units located at the 26 Real Property; and 27 j. Timely permits concerning the use of the Real Property in compliance 28 with the Lease Agreement; and such other and further as identified and ascertained through 2 DECLARATION OF MURRAY TRAGISH 1 ongoing Discovery. 2 11. On May 26, 2023, the Court dismissed, with prejudice, the WOP FAC against 3 all party Cross- Defendants, which involved numerous issues that greatly expanded expanding 4 the scope, time and expense of Discovery in the instant case based on allegations concerning 5 the following: 6 a. Breach of the Lease; 7 b. Breach of Contract through a Third Party Beneficiary Theory; 8 c. For Civil Conspiracy Among the Cross-Defendants; 9 d. For Fraud and Deceit Based on Concealment; 10 e. Conversion of the Personal and Real Property by the Cross-Defendants; 11 f. Breach of Alleged Fiduciary Duties by Cross-Defendants; 12 g. For Intentional Interference with the Contractual Relations of WOP; 13 h. For Intentional Interference with the Prospective Economic Relation of 14 WOP; 15 i. For Negligent Interference with Economic relations of WOP; 16 j. For Constructive Eviction of WOP from the Real Property; 17 k. For Recovery of the Real Property by Quiet Title; 18 l. For Constructive Eviction of WOP; 19 m. For Declaratory Relief; 20 n. For Interference and the Quiet Enjoyment of WOP pertaining to the Real 21 Property; 22 o. For allegations of Fraud and Embezzlement by the Cross-Defendants. 23 12. Notwithstanding the recent dismissal of the WOP FAC, it raised issues that are 24 related to both the Aldar SAC and the WOP FAC, and in view of the transactional facts and 25 events, the anticipated Discovery involved extensive transactions, facts and events, 26 commencing in 2012 through 2021, and the identification of potential material witnesses, both 27 as parties and un-named parties in these proceedings, and involving WOP’s officers and 28 directors and several of its Church members that were involved in several of the transactional 3 DECLARATION OF MURRAY TRAGISH 1 events. 2 13. In view of the extensive and encompassing issues involved it was also 3 imperative that Discovery involving WOP was propounded and responses acquired to identify 4 all potential testimony, facts and relevant documents and the identification of material 5 witnesses, which also was material and relevant to the Aldar SAC and the named defendants, 6 including the THV Defendants. Additionally, the depositions of WOP’s Person Most 7 Knowledgeable, Kurt Johnson and Linda Johnson as Officers of WOP and percipient witnesses, 8 be obtained because of their participation in the transactions raised in the Aldar SAC. 9 14. However, because of the intervening COVID-19 pandemic, in 2020, 2021 and 10 parts of 2022, and lack of good faith cooperation by WOP and its officers, Kurt Johnson and 11 Linda Johnson, in the ongoing attempts to take their deposition (which is still required in the 12 case) and responses to written Discovery, and their representations of various ongoing illnesses, 13 accidents, COVID related infections, family deaths, out of town explanations, hospitalization, 14 family emergencies and other unrelated inabilities and ongoing purported justifications for 15 inability to cooperate in Discovery, Plaintiff experienced an enormous delay in this case to 16 conclude the Discovery in an orderly fashion. This was compounded by the untimely passing 17 of Aldar’s co-counsel and Trial attorney, Ray T. Mullen, on August 16, 2022, and the September 18 2022 substitution of a new Trial attorney for Aldar, which required a substantial period of time 19 for new counsel to familiarize himself with the Aldar SAC and the WOP voluminous Cross- 20 Complaint in the within proceedings, which has caused additional delays in proceeding forward 21 in completing Discovery in the case. 22 15. The following is a summary of the numerous incurred delays in these 23 proceedings which has substantially interfered with the ability of Aldar to complete Discovery 24 in an orderly fashion and in the preparation for Trial. 25 a. Aldar promptly propounded to WOP its first sets of Form 26 Interrogatories, Special Interrogatories, and Demand for Production of Documents on July 20, 27 2021. The original date on which the responses to the aforementioned WOP Discovery was 28 due was August 26, 2021. 4 DECLARATION OF MURRAY TRAGISH 1 b. While Thomas Alexander, Esq. first appeared in these proceedings as 2 WOP’s attorney on May 24, 2021, thereafter, he represented that even though he was of record 3 he was not representing or continuing to represent WOP entirely in these proceedings but only 4 on a limited basis. Further, WOP was a suspended corporation and lacked standing in these 5 proceedings because of its failure to have representation and its suspension as a California 6 corporation. On January 25, 2022, Aldar filed a Motion to Strike the WOP Answer and Cross- 7 Complaint, which was heard by the Court on the continued hearing date of April 19, 2022. The 8 Court allowed WOP 30-days in which to reinstate the corporation in good standing and for 9 Thomas Alexander, Esq. to file the appropriate Substitution of Attorney into the case. 10 c. As a result of WOP’s failure to provide full and complete responses to 11 the first sets of Special Interrogatories and Demand for Production of Documents, Aldar filed a 12 Motion to Compel further responses and documents to the Demand for Production of 13 Documents, Set One on February 26, 2022, and a Motion to Compel for WOP to provide further 14 and complete responses to the Special Interrogatories, Set One, on February 24, 2022. The 15 Court granted the Motions and ordered on May 4, 2022 further responses to be provided on 16 March 30, 2022 and the award of sanctions. 17 d. As a result of the continued failure of WOP to respond to propounded 18 Discovery in good faith, Aldar had to file another Motion to Compel written responses and for 19 production of documents, and sanctions, to the Demand for Production, Set Two, and for further 20 responses to the first set of Special Interrogatories, both of which were heard by the instant 21 Court on August 2, 2022. The Court granted the Motions, including an award of sanctions, and 22 ordered WOP to provide full and complete responses to the first set of Special Interrogatories 23 on or before August 17, 2022, and for a complete response to the Demand for Production of 24 Documents, Set Two, no later than September 1, 2022. 25 e. Once again, WOP failed to provide any responses to Aldar’s second set 26 of Demand for Production of Documents, which resulted in Aldar filing another Motion to 27 Compel, which was heard by the within Court on December 16, 2022. The Court granted the 28 Motions and for sanctions, and ordered compliance by December 21, 2022. 5 DECLARATION OF MURRAY TRAGISH 1 f. As a result of WOP’s failure to provide responses to the second set of 2 Demand for Production of Documents, Aldar filed another Motion to Compel responses to its 3 second set against WOP, and for sanctions, and for violation of the Court Order which was a 4 continued hearing to May 26, 2023. The within Court granted the Motion to Compel responses 5 and documents to the second set of Demand for Production of Documents, and the award of 6 sanctions. 7 g. Notwithstanding Aldar’s good faith effort to set the depositions of 8 WOP’s Person Most Knowledgeable (PMK) and its principal and material witnesses, Kurt 9 Johnson and Linda Johnson, on numerous occasions, which was met with cancellation because 10 of health or unavailability for over 7 months, and after they stipulated to the dates for the 11 depositions, failed to attend their depositions set for February 2023, a Motion to Compel their 12 attendance was filed with the within Court and pursuant to a continued hearing to May 26, 2023, 13 the Motion was granted with sanctions. 14 h. WOP’s failure to respond to propounded Discovery by THV to it, 15 resulted in THV’s Motion for an Order Imposing Sanctions against WOP for failure to obey the 16 previous Court Orders to provide Discovery responses, which was heard by the Court at the 17 continued hearing on May 26, 2023, and was granted. 18 i. In conjunction with the ongoing bad faith, dilatory and disingenuous 19 conduct by WOP and its principal and main percipient witnesses, its previous attorney, Thomas 20 Alexander, who was in and out of the case throughout these proceedings since his first 21 appearance in May 24, 2021 and caused substantial noticing problems and confusion 22 concerning representation between WOP, its Officers and Mr. Alexander, where he denied 23 representation, while remaining the attorney of record. Finally, a Substitution of Attorney was 24 accepted by the Court and once again, WOP did not have legal representation. As a result, 25 Aldar filed a Motion to Strike WOP’s Answer and for entry of default, and for dismissal of the 26 WOP Cross-Complaint, with prejudice, which was heard by the Court at a continued hearing 27 on May 26, 2023, and was granted. 28 j. In the Plaintiff’s case, the material and percipient witnesses are not only 6 DECLARATION OF MURRAY TRAGISH 1 WOP, but WOP’s President and Vice-President and Chief Financial Officers, Kurt Johnson and 2 Linda Johnson, who were hands-on material and percipient witnesses to many of the issues 3 currently pending in the Plaintiff’s case as well as the possession of numerous documents not 4 produced and their testimony regarding the transactional events and facts and identification of 5 other witnesses is required in the case. Ten days after the Johnsons failed to show up to their 6 stipulated depositions, on March 3, 2023, WOP filed a new Statement of Information whereby 7 Kurt Johnson and Linda Johnson were no longer affiliated with WOP as Officers, and 8 apparently have left the State of California. Their testimony is still paramount in this case, and 9 Aldar hired a private investigator to locate Kurt Johnson and Linda Johnson, and they have been 10 located to an out of state address, and local counsel has been retained whereby Kurt Johnson 11 and Linda Johnson will be served deposition subpoenas with document production demands for 12 depositions at the end of August 2023, or thereafter. 13 k. Aldar has propounded to the THV Defendants, Special Interrogatories, 14 Demands for Production of Documents, Requests for Admissions, and Form Interrogatories, 15 Sets One, on December 9, 2021. Responses were received on April 29, 2022, except for 16 responses to Special Interrogatories received on July 5, 2022, Supplemental document 17 production on July 15, 2022 and further responses to Special Interrogatories on September 19, 18 2022. 19 l. THV propounded to Aldar, Special Interrogatories, Request for 20 Production and Form Interrogatories, Sets One, on July 20, 2022, and Aldar responded to the 21 THV Discovery on November 11, 2022. 22 m. In view of the ongoing dilatory and disingenuous conduct by WOP, the 23 Johnsons and Thomas Alexander, for the past year and a half, it has substantially interfered with 24 the ability to complete Discovery in an orderly fashion and complete its Discovery and noticed 25 depositions of the THV Defendants. In response to the Court’s Orders on May 26, 2023, Aldar 26 is in the process of setting depositions of THV’s PMK, Tigran Arutyunyan, Chris Ghasabyan 27 and the now existing President of WOP, John Paschal and Blade Ministries, and for further 28 production of documents, and other material witnesses will be deposed as a result of their 7 DECLARATION OF MURRAY TRAGISH 1 identification through said depositions; however, all either are or very close to the Discovery 2 cutoff and can be compromised by unanticipated events. 3 n. Additionally, Aldar is formulating further subpoenas to take the 4 depositions of other WOP related witnesses and Church members, who had participated on 5 WOP’s behalf concerning the transactional issues and facts in this case and shall also be seeking 6 deposition(s) from the Blade Ministries of World of Pentecost, who allegedly received an 7 Assignment or Sublease of the Lease Agreement and a Right of First Refusal, in breach of the 8 Lease Agreement and the consent requirements but will have to follow the referenced 9 scheduling of indicated witnesses and would be outside of the cutoff date to complete. 10 16. The delay in the case as indicated in the previous paragraphs is also 11 compounded by the passing of Ray T. Mullen on August 16, 2022, which required Aldar 12 obtaining new Trial counsel and for that new counsel to familiarize himself with this case 13 after his substitution into the case in September of 2022, which requires substantial time for 14 familiarization of these proceedings. 15 17. Aldar previously filed a Motion for Continuance, with a proposed Order, on 16 September 29, 2022 and presented to the Court at the hearing on November 14, 2022, that 17 because of the ongoing dilatory, disingenuous and uncooperative conduct by WOP and the 18 Johnsons, it required a continuance from the then Trial date of March 20, 2023 to October 19 30, 2023, for purposes of completing and extending the Discovery cut off dates and 20 preparation for Trial. Aldar requested the continuance to also be a waiver of California Code 21 of Civil Procedure §2024.020 pertaining to the limitations of Discovery, and the Court 22 granted the Motion. 23 18. Thereinafter, Aldar served all parties an Amended Notice of Ruling, a copy 24 of which is attached hereto as Exhibit “A”, which by this reference is incorporated as though 25 set forth in full herein and throughout. The Notice of Ruling was based on the Minute Order, 26 which requested Aldar to merely give Notice of the Court’s granting of all of the Motions, 27 including providing the new dates for the Mandatory Settlement Conference, Final Case 28 Management Conference and Trial, a copy of which is attached as Exhibit “B” and by this 8 DECLARATION OF MURRAY TRAGISH reference is incorporated as though set forth in fu ll herein and throughout. 2 19. All parties received copies of the Amended Notice of Ruling, and no 3 obj ections were received, and it was du ly filed with the Court. 4 20. A ldar has noticed the depositions of the THV Defendants for September 2023 5 and in late September 2023, dates w ill be provided to the THY Defendants of the avai lability 6 of the most knowledgeable person for Aldar. 7 21. Based on the foregoing and described continual delays experienced by Aldar 8 in this case, including the intervening COVID- I 9 pandemic, and the fact that the Discovery 9 cut off is approximately a month and a half from the hearing on this Motion, and that 10 completion of Discovery will require at least an additional 3-4 months to complete and to be II prepared for Trial, it is respectfully requested that the Court grant the instant Motion for 12 Continuance, and that the Trial date and extension of Di scovery, under California Code of 13 Civil Procedure §2024.020, be continued to the end of 14 I declare under penalty of pe1jury under 15 is true and correct. Executed on this/ J 16 17 18 19 20 21 22 23 24 25 26 27 28 9 DECLA RATION OF MURRAY TRAG ISl-I EXHIBIT “A” ELECTRONICALLY FILED Murray Tragish, Esq., CSB ¹80759 LAW OFFICES OF MURRAY TRAGISH 12/19/2022 3:44 PM 2 5330 Oftice Center Court, Suite 72 Kern County Superior Court Bakersfield, California 93309 By Berenice Portes Gil, Deputy 3 Tel: (6611 324-2648 E-Mail:mon aygcmurraytragish.corn 1 Craig M. Lynch, Esq., State Bar No. 105998 5 LYNCH 8&LYNCH ci 10913 Craigton Court Bakerstielcl, California 93311 7 Mailing'. P.O. Box 13515 8 Bakersfield, California 93389-3515 &) Tcf:(6613 322-8396 E-Mail:elva&.'ll &1 13 11c'h&ln&llvnchlci'&'&Lco1n 10 Attonteys for Plaintiff/Cross-Def'endant: Aldar Mini Storage, L.P., a Calif'omia I.,imited PatTnership and Cross-De!'enclant: De!Tel Ridenour 13 SUPERIOR COUR'I'f'I'HE STATE Ol'ALIFORNIA Il IN ANI3 FOR 1'I IE COLIN'I Y OF KERN. ML'TROPOLITAN DISTRICT, CIVIL DIV! SION 15 I ci AI.,DAR MINI STORAGE, I..P., a California Case No. BCV-20-101265-BCB limited partnership. 17 AMENDED NO'I'ICE OF RULIN( ON ALDAR MINI STORAGE, L.P.'S Afi&D 18 Plaintif'I; DERREL RIDENOUR*S &VIOTION ITOR vs. CONTINUANCE OF MANDA1ORY I ') SETTLEML7N1'ONFERENCE, I'INAL 1'HV ENTERPRISES, a Calif'ornia CASE MAh'AGEMENT AND 'I RIAL 20 corporation; THV HAYKNARIK. LLC, a California limited liability company; WORLD [Ihtfe 3.1332 ol the CRC] 21 OF PENTECOST, INC., a Califontia non- Date ot'-fearing: November 14. 2022 72 profit religious corpora1ion, also known as Time of I-Icaring: 8:30 a.m, WORI.D OF PENTECOST-LIFE CI-IURCI-I: Division: J — before the Hon. Thomas Clark 23 KHACHA1 UR GHASABYAN, an indiviclual, also known as CHRIS GHASABYAN; Assigned to the Honorable Bernard C. 13armann 24 TIGRAN ARUTYUNYAN, an individual: and DOES I through 500, inclusive, Action Filed: June I, 2020 25 Second Amended Complaint Filed: Dec. 21 2020 Det'endants. I irst Amended Cross-Complaint; May 24. 2021 2C& Trial Date: October 30, 2023 27 WORLD OF PENTL!COST, INC., a Cross-Complainant, AN1FNI&1 n NOTICF OF 111!I IN&i ON &u OAR NRNI!i'I ORAOI:, I. 1FCS ANO l)1&RRI'.I lclnl'NOL&R'!i SIOTION I OIL CONTINt!ANL'F. Oi. &SAN17AIORY 'il rll l&81FNI LONI'I.RLNCI. I INAI CA'ir 81ANA(;F1&11 NT AND IRIAI vs. 2 ALDAR MINI STORAGE, L.P., a California limited partnership, DERRELL 3 RIDENOUR, an individual, HEIDI NELSON, an individual, THV ENTERPRISES, a 4 California corporation; THV HAYKNARIK, 5 LLC, a California limited liability company; ALDAR MINI STORAGE, L.P., a California 6 limited partnership, KHACHATUR 7 GHASABYAN, an individual, also known as CHRIS GHASABYAN; TIGRAN 8 ARUTYUNYAN, All Person Unknown, Claiming any Legal or Equitable Right, Title, 9 Estate, Lien, or Interest in the Property 10 Described in the Complaint or Cross- Complaint Adverse to Cross-Complainant's II Title Thereto, and DOES 1 through 500, inclusive, 12 13 fCrossl-Defendants. 14 NOTICE IF HEREBY GIVEN that on November 14, 2022, at 8:30 a.m., in Division Jo 15 the above-entitled Court, located at 1215 Truxtun Avenue, Bakersfield, California 93301, thi 16 hearing of the Plaintiff/Cross-Defendant: Aldar Mini Storage, L.P., a California limitec 17 partnership, and Cross-Defendant: Derrel Ridenour (hereinafter collectively referred to as 18 19 "Movants") Motion for Continuance of the currently scheduled Mandatory Settlement Conference 20 Final Case Management and Trial Date, was heard, with appearances by Murray Tragish, Esq. on 21 behalf of Movants, Ronald D. Dessy, Esq. on behalf of Defendant/Cross-Defendant: Khachatw 22 Ghasabyan, Andrew Slater, Esq. on behalf of Defendants/Cross-Defendant: THV Enterprises 23 24 THV Hayknarik, LLC and Tigran Arutyunyan, and by Stratton Barbee, Esq., specially appearin1 25 on behalf of Defendant/Cross-Complainant: World of Pentecost-Life Church, Inc. aka World o 26 Pentecost-Life Church, and after having read and considered the moving papers filed on behalf o 27 Movants, and no opposition having been timely filed, the Court ordered as follows: 28 AMENDED NOTICE OF RULING ON ALDAR MINI STORAGE. L.P.'S AND DERREL RIDENOUR"S MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE. FINAL CASE MANAGEMENT AND TRIAL 2 1. The Motion for Continuance of the cun-ently scheduled Mandatory Settlement Conference 2 Final Case Management and Trial Date is granted. 3 2. The February 17, 2023 hearing on Mandato1y Settlement Conference is vacated. Th 4 Mandatmy Settlement Conference shall be heard on September 29, 2023. The time an 5 location shall be detennined and noticed by the Cmn1. 6 7 3. The March 20, 2023 Final Case Management is vacated. The Final Case Management shal 8 be heard on October 27. 2023, at 1:30 p.m., in Division H of the above-entitled Court. 9 located at 1215 Truxtun Avenue, Bakersfield, California 9330 I. 10 4. The March 20, 2023 Trial is vacated. The Trial shall commence on October 30. 2023, a 11 9:00 a.m., in Division Hof the above-entitled Court, located at 1215 Truxtun Avenue 12 13 Bakersfield, California 93301. 14 5. All applicable Motions and Discovery deadlines are extended and continued t 15 correspond to the new Trial date. 16 17 Dated: December 19, 2022 18 19 20 21 22 23 24 25 16 27 28 J\lvlENDED NOTICE OF RULING ON ALD/dl iv11Nl STORAGE, L.P.'S /\ND DER REL RIDl::NOlJR'S f\..IOTlON FOR CONTINUANCE OF t-.·1AND1\TORY sr:TTLr.::vu:NT CONFERENCE. FINAL C1\SE MANAGEr....1ENl AND TRIAi. ] PROOF OF SERVICE Aldar Mini Storage, L.P. vs. THV Enterprises, Inc., et al. Kern County Superior Court; Case No. BCV-20-101265-BCB STATE OF CALIFORNIA, COUNTY OF KERN I am a citizen of the United States and employed in the County of Kern, State of California and my business address is 5330 Office Center Comt, Suite 72, Bakersfield, California 93309; I am over the age of eighteen and not a patty to the within entitled action. On December 19, 2022, I served the following document(s) described as: AMENDED NOTICE OF RULING ON ALDAR MINI STORAGE, L.P.'S AND DERREL RIDENOUR'S MOTION FOR CONMTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT AND TRIAL, on the interested parties to said action or through their attorneys of record, by placing a true copy thereof in a sealed envelope, addressed as shown below, by the following means: XX (By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fu lly prepaid, for collection and mailing on that date following ordinary business practices, in the United States Mail at the Law Offices of Murray Tragish, Bakersfield, California, addressed as shown below. I am readily familiar with this business's practice for collection and processing of correspondence for mailing with the U.S. Postal Service, and in the ordinary course of business correspondence would be deposited with the U.S. Postal Service the same day it was placed for collection and processing. Attorney for Defendant/Cross-Defendant: Khacha1tur Ghasabyan aka Chris Ghasabyan Ronald D. Dessy, Esq. Dessy & Dessy APC 130 I "L" Street Bakersfield, California 9330 I Attorney for Defendants/Cross-Defendants: THY Enterprises, THY Hayknarik, LLC and Tigran Arutyunyan G. Andrew Slater, Esq. Quall Cardot, LLP 205 East River Park Circle, Suite 110 Fresno, California 93720 Attorneys for Defendant/Cross-Complainant: on behalf of World of Pentecost, Inc. aka World of Pentecost Life-Church, and Limited Representation Attorney for World of Pentecost Church aka World of Pentecost Life Church Thomas M. Alexander, Jr. Esq. Alexander Law Offices 226 East Sixth Street Beaumont, California 92223 _x_ (By Electronic Service) Complying with California Code of Civil Procedure § I 0 I0.6, caused each such document(s) to be electronically served from amy@murraytragish.com to each addressee below. The file transmission was repo1ted as complete and a copy of the receipt will be maintained with the original document(s) in our office. Page I of 2 Rond l 952@aol.com Ronald D. Dessy, Esq. alexanderslaw@gmai l.com Thomas Alexanders, Jr., Esq. aslater@quallcardot.com G. Andrew Slater, Esq. I declare under penalty of pe1jury under the laws of the State of California that th regoing is true and correct, and that I am employed in the office of a member of the Bar of this u1 at whose direction the service was made. Executed on December 19, 2022, at Bakersfi Id, tforni , County of Kern. Page 2 of 2 EXHIBIT “B” Superior Court of California County of Kern Bakersfield Division H Hearing Date: 11/14/2022 Time: 8:30 AM - 12:00 PM ALDAR MINI STOREAGE, L.P. VS GHASABYAN ET AL BCV-20-101265 Honorable: Brett Myers Clerk: Inez Trimble Court Reporter: . None Bailiff: Deputy Sheriff Interpreter: Language Of: PARTIES: Present: ALDAR MINI STOREAGE, L.P., A CALIFORNIA TRAGISH, MURRAY Attorney, Present LIMITED PARTNERSHIP Plaintiff, Not Present ARUTUNYAN, TIGRAN Defendant, Not Present SLATER, G ANDREW Attorney, Present GHASABYAN, KHACHARTUR DESSY, RONALD D Attorney, Present AKA GHASABYAN, CHRIS Defendant, Not Present THV ENTERPRISES, A CALIFRONIA CORPORATION SLATER, G ANDREW Attorney, Present Defendant, Not Present THV HAYKNARIK, LLC., A CALIFORNIA LIMITED SLATER, G ANDREW Attorney, Present LIABLITY COMPANY Defendant, Not Present ALDAR MINI STORAGE, L.P.