Preview
Murray Tragish, Esq. (SBN: 80759)
LAW OFFICES OF MURRAY TRAGISH
5330 Office Center Court, Suite 72
Bakersfield, CA 93309
Email: murray UITA ish.com
Telephone: (661) 324-2648
Craig M. Lynch, Esq. (SBN 105998)
LYNCH AND LYNCH
10913 Craigton Court
Bakersfield, CA 93311
Mailing Address: P.O. Box 13515
Bakersfield, CA 93389-3515
Email: clynch@lynchandlynchlawfirm.com
Telephone: (661) 322-8396
Attorney for Plaintiff, ALDAR MINI STORAGE, L-P.,
a California Limited Partnership
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11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF KERN, METROPOLITAN DISTRICT, CIVIL DIVISION
13 ALDAR MINI STORAGE, L.P., a California ) Case No.: BCV-20-101265-BCB
limited partnership,
14 DECLARATION OF CRAIG M. LYNCH IN
Plaintiff, SUPPORT OF ALDAR MINI STORAGE,
15 VS. L.P.’S REPLY TO THV DEFENDANTS’
LIMITED OPPOSITION TO REDAR’S
16 MOTION FOR CONTINUANCE OF
THV ENTERPRISES, a California MANDATORY SETTLEMENT
corporation; THV HAYKNARIK, LLC, a CONFERENCE, FINAL CASE
17 California limited liability company; WORLD MANAGEMENT CONFERENCE AND
OF PENTECOST, INC., a California non- TRIAL [Rule 3.1332 of the CRC]
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profit religious corporation, also known as
19 WORLD OF PENTECOST-LIFE CHURCH; ) Date of Hearing: August 24, 2023
Time of Hearing: 8:30 a.m.
KHACHATUR GHASABYAN, an individual Division: H
20 also known as CHRIS GHASABYAN; )
TIGRAN ARUTYUNYAN, an individual; Assigned to the Honorable Bernard C. Barmann.
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and DOES | through 500, inclusive,
Action Filed: June 1, 2020
22 Second Amended Complaint Filed:
Defendants. Dec. 21, 2020
23 First Amended Cross-Complaint:
May 24, 2021
24 Trial Date: October 30, 2023
AND RELATED CROSS-ACTION
25 DISMISSED.
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DECLARATION OF CRAIG M. LYNCH IN SUPPORT OF ALDAR MINI STORAGE, L.P.’S REPLY TO
THV DEFENDANTS’ LIMITED OPPOSITION TO MOTION FOR CONTINUANCE.
I, Craig M. Lynch, do hereby state and declare as follows:
1 This Declarant is an attorney at law duly licensed to practice before all Courts in the
State of California, and I am one of the attorneys of record for the Plaintiff, Aldar Mini Storage,
LP. (hereinafter referred to as “Aldar”).
2. Ihave personal knowledge of the facts stated herein, except where the text indicates
otherwise to which I believe them to be true, and if called as a witness, could and would
competently attest thereto.
3 On June 13, 22, 27, 29 and July 11, 2023, I had meet and confer telephonic
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11 conversations with Andrew Slater in order to informally resolve the issue of whether the discovery
12 deadline had been extended by the Motion for Continuance heard on November 14, 2022 which
13 continued the Trial to October 30, 2023. And the fact that Aldar would be filing another motion to
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continue the trial date and the discovery deadline. I discussed with counsel the facts set forth in
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detail in the Motion for continuance of Mandatory Settlement Conference, Final Case Management
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Conference and Trial set for hearing on August 24, 2023 (“Motion to Continue”).
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4 On June 13 and 22, 2023, I had meet and confer telephonic conversations with
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19 Ronald Dessy in order to informally resolve the issue of whether the discovery deadline had been
20 extended by the Motion for Continuance heard on November 14, 2022 which continued the Trial
21 to October 30, 2023. And the fact that Aldar would be filing another motion to continue the trial
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date and the discovery deadline. .I discussed with counsel the facts set forth in detail in the Motion
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for continuance of Mandatory Settlement Conference, Final Case Management Conference and
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Trial set for hearing on August 24, 2023.
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26 5 On June 28, 2023, I sent a meet and confer letter attached as Exhibit “A” to Ronald
27 Dessy with a copy to Andrew Slater.
28 6 One June 29, 2023, I received the email attached as Exhibit “B” from Ronald Dessy
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‘DECLARATION OF CRAIG M. LYNCH IN SUPPORT OF ALDAR MINI STORAGE, L.P.?S REPLY TO.
THV DEFENDANTS’ LIMITED OPPOSITION TO MOTION FOR CONTINUANCE,
in response to my letter of June 28, 2023.
7. On July 3, 2023, I sent an additional meet and confer letter to Andrew Slater and
Ronald Dessy. The email is attached hereto as Exhibit “C”.
8 Attached hereto as Exhibit “D” is an email string regarding the setting of depositions
in this case. On July 27, 2023, in his email to Ronald Dessy, objected to any deposition being set.
9 Attached hereto as Exhibit “E” is an email string between myself, Ronald Dessy and
Andrew Slater. Both Ronald Dessy and Andrew Slater stated they wanted a ruling from the Court
regarding the discovery cut-off issue before any depositions were scheduled.
10 I declare under penalty of perjury under the laws of the State of California that the foregoing
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is true and correct.
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Executed this 17th day of August, 2023 at Bakersfield, California.
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15 Craig M. Lynch, Esq.
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DECLARATION OF CRAIG M. LYNCH IN SUPPORT OF ALDAR MINI STORAGE, L.P.’S REPLY TO
THV DEFENDANTS’ LIMITED OPPOSITION TO MOTION FOR CONTINUANCE,
EXHIBIT “A”
From Craig Lynch clynch@lynchandlynchlawfirm.com
Subject Meet and Confer Letter
Date Jun 28, 2023 at 1:00:50 PM
Te Ron Dessy rondi952@aal.com
Ce Andrew Stater asiater@quallcardot.com, Murray Tragish
murray@murraytragish.com, Amy Belyeu amy@murray tragish. cat
cornet
Mr. Dessy enclosed is a letter for your review. | [ook forward to your response.
Thank you.
Craig M. Lynch
Lynch and Lynch
Phone: (661) 322-8396
Email: clypch@lyochandlynchlawfirm.com
Web: lynchandiynchilp.com
P.O Box 13515
Bakersfield, CA: 93389-3515
E-MAIL CONFIDENTIALITY NOTICE: THIS MESSAGES FOR THE SOLE USE.OF
THE INTENDED RECIPIENT/S AND MAY CONTAIN INFORMATION THAT IS
LEGALLY PRIVILEGED AND CONFIDENTIAL. TRANSMITTAL OF THIS MESSAGE
THROUGH E-MAIL [S NOT INTENDED TO CONSTITUTE A WAIVER OF ANY
ATTORNYEY-CLIENT OR WORK PRODUCT PRIVILEGES, IF YOU ARE.NOT THE
INTENDED RECIPIENT, OR THIS MESSAGE HAS BEEN ADDRESSED TO YOU IN
ERROR, PLEASE IMMEDIATELY ALERT THE SENDER BY REPLY E-MAIL AND
DELETE THIS MESSAGE AND ANY ATTACHMENTS.
soe ceercsennnenantin,
Densy LOLedt
MB
LAW OFFICESOF
LYNCH anp LYNCH
KEVIN G. LYNCH (1933-2018) POST OFFICE BOX 13515 “TELEPHONE (661) 332-8396
CRAIGM. LYNCH BAKERSFIELD, CALIFORNIA 93389-3515, CLYNCH@LYNCHANDLYNCHLAWFIRM.COM,
June 28, 2023
Ronald D. Dessy, Esq. . VIA ELECTRONIC MAIL
Dessy & Dessy APC rond1952@aol.com
1301 “L” Street AND FIRST-CLASS MAIL
Bakersfield, California 93301
Re: Aldar Mini Storage L.P. vs. THV Enterprises, Inc. etal.
Meet and Confer
Dear Mr. Dessy:
Please consider this letter a meet and confer concerning your contention, as a result of our
telephone conversation of June 22, 2023, that Discovery in the Aldar v THY case is barted by
California Code of Civil Procedure §2024.020 which provides that all parties will complete
discovery on or before the 30 day before trial and have motions concerning discovery heard on
or before the 15th day before the date initially set for trial of the action.
It is my understanding that you were utilizing the foregoing as the basis for your refusal
for producing your client, Khachatur Ghasabyan (“Chris”) for deposition in the instant case.
It is my client’s position that your contentions are without merit.
On or about September 29, 2022, my client filed a Motion for Continuance of the
Mandatory Settlement Conference, Final Case Management Conference and Trial. The Motion
came on for hearing on November 14, 2022 in which the Court granted the Motion. Attached are
copies of the Notice of Hearing on the Motion for Continuance (Exhibit 1), Memorandum of
Points and Authorities in Support of the Motion for Continuance (Exhibit 2), the Declaration of
Murray Tragish in Support of the Motion for Continuance (Exhibit 3) and proposed order
(Exhibit 4), all incorporated herein by this reference.
The Motion was brought because of the delays incurred in Discovery and preparation for
Trial caused by the dilatory conduct of World of Pentecost, Inc. (“WOP”) in completing
Discovery and providing Kurt and Linda Johnson, the Chief Executive Officer and Chief
Financial Officers, respectively, and allowing the ascertainment of material witnesses and
documents concerning the disputed transactional events and facts in both of the cases, and the
untimely passing of Ray T. Mullen, Esq.
The entire point and thrust of the Motion for Continuance was for an extension of not
only the Trial but of the Discovery so that it could be completed allowing the parties adequate
Ronald D. Dessy, Esq.
Re: Aldar Mini Storape L.P. vs. THV Enterprises, Inc., et al.
June 28, 2023
Page 2
time and opportunity to prepare for Trial and was discussed at the hearing on the Motion.
Irespectfully bring your attention to the Memorandum of Points and Authorities which
indicates, including, but not limited to, on page 3, lines 4-10, page 4, lines 19-28, examples of
the necessity for the continuance in conjunction with the extension of the cut off for Discovery. |
also bring your attention to the Declaration of Murray Tragish supporting the Motion for
Continuance, page 6 lines 14 through 10, lines 18-25, page 7, paragraphs 23 and 24, as examples
of the basis and thrust of the Motion for Coritinuance which was predicated on the necessity of
an extension to obtain Discovery. Not only did the Court’s Minute Order (Exhibit 5) grant the
Motion to Continue Trial in its entirety, it set forth new dates for the Trial.
Subsequently, an Amended Notice of Ruling on the Motion for Continuance was
circulated amongst the parties and indicated that “all applicable motions and discovery deadlines
are extended and continued to correspond to the new trial date” a copy of which is attached and
incorporated herein by this reference (Exhibit 6).
You will note from the Amended Notice of Ruling that copies of it were mailed to your
person on December 19, 2022 and to date, no objections to the Notice of Ruling have been
received by the undersigned nor to the Minute Order filed by the Court in these proceedings.
Thereinafter, as a result of WOP’s failure to comply with numerous Discovery requests,
my client filed a Motion to Strike the WOP Answer and Cross-Complaint, and Motions to
Compel responses to a Demand for Production of Documents, Set Two, and to Compel the
Depositions of the WOP individuals, on April 12, 2023. Additionally, THY filed for an Order
Imposing Sanctions against WOP for failure to obey court order on April 21, 2023.
Pursuant to your contentions, those Motions would be barred because they were not heard
fifteen days before the original or continued Trial date of March 20, 2023; however, at no time
was there an objection, whether oral or written, provided by you to any of the aforementioned
Motions.
Three Discovery Motions and the one Motion to Strike the Answer and Cross-Complaint
of WOP were heard before the Judge on May 26, 2023 and the Court granted all four Motions,
See the attached May 26, 2023 Minute Order concerning the Motions, incorporated herein by
this reference (Exhibit 7).
You neither showed up for the May 26, 2023 hearings nor filed any objections that the
Motions were in violation of California Code of Civil Procedure §2024.020.
Thave also attached a copy of the proposed Consolidated Orders for all four above-
Ronald D. Dessy, Esq.
Re: Aldar Mini Storage L.P. vs. THV Enterprises, Inc., et al.
June 28, 2023
Page 3
referenced Motions, which was mailed to your person for review and any potential objection(s)
(Exhibit 8). You made no objections to the attached proposed Orders which has been forwarded
to the Court for signature. The proposed Order was submitted in conjunction with the Court’s
instruction at the hearings and acknowledges the basis and allowance of Discovery in the instant
case, notwithstanding your contention that it previously expired.
You also indicated that you did not object to any of the aforementioned pleadings,
motions and orders because they did not involve your client. I believe your contention is again,
without merit. Your client has been sued by my client not only for the Breach of the Lease
Agreement (through an alter ego theory), but as a Guarantor of the Lease and for Declaratory
Relief, and there are issues involving the Breach and correspondingly the Guaranty which
involves maintenance, rents, remediation, utilization of the property, and other related issues.
Clearly, the aforementioned Motion and requested Discovery potentially affected and
involved your client’s liability in the case and the referenced Discovery and Motions in the
instant case pertain to the issues and the causes of action alleged against him.
You also contend that you discussed the waiver of discovery issues with Ray T. Mullen,
however, Mr. Mullen became deceased on August 16, 2022, and the Motion for Continuance
filed on September 29, 2022, and heard on November 14, 2022, which would preclude any
conversation with Mr. Mullen as irrelevant prior to the Motion being made. Additionally, if you
had an objection, you should have made them at the time of the filing of the Motion for
Continuance, which you did not.
I believe it is not in good faith to abstain from timely objections and then wait nine
months to decide to assert your objection four months before Trial and three months before the
cut off for Discovery and any objections, real or otherwise, have been waived.
Had you made your objection known in a timely fashion, my client would have brought a
motion to confirm the extension as previously allowed under the referenced Motion for
Continuance.
In view of all of the delays experienced in this case with WOP, which has prevented the
parties from pursuing additional Discovery involving WOP relating to the issues between our
respective clients, Aldar will also be filing shortly a Motion for Continuance and Motion to
Compel your client’s attendance at a deposition, which will address your objections if you do not
withdraw them and produce your client for deposition in this case.
Please advise the undersigned if you will reconsider your objection no later than the close
Ronald D. Dessy, Esq.
Re: Aldar Mini Storage L.P. vs. THV Enterprises, Inc., et al.
June 28, 2023
Page 4
of business on July 3, 2023, so that my client may govern itself accordingly.
Very truly yours,
LYNCH & LYNCH
Craig M. Lynch
CML:sw
Encl.
ce: Murray Tragish, Esq.
G. Andrew Slater, Esq.
EXHIBIT 1
ELECTRONICALLY FILED
» 9/29/2022 2:33 PM
Murray Tragish, Esq., CSB #80759 Kern County Superidr Court
LAW OF! CES OF MURRAY TRAGISH By Gricelda Evans, |Deputy
5330 Office Center Court, Suite 72
Bakersfield, California 93309
Tel: (661) 324-2648
E-Mail: murray@murraytragish.com
Craig M. Lynch, Esq., State Bar No. 105998
LYNCH & LYNCH
10913 Craigton Court
Bakersfield, California 93311
Mailing:
P.O. Box 13515
Bakersfield, California 93389-3515
Tel: (661) 322-8396
E-Mail: clynch@lynchandlynchlaw.com
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ll Attomeys for Plaintiff/Cross-Defendant: Aldar Mini Storage, L.P., a
California Limited Partnership and
12 Cross-Defendant: Derrel Ridenour
13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
14
IN AND FOR THE COUNTY OF KERN, METROPOLITAN DISTRICT, CIVIL DIVISION
1s
16 ALDAR MINI STORAGE, L.P., a California Case No. BCV-20-101265-BCB
limited partnership,
17 NOTICE OF HEARING ON ALDAR MINI
STORAGE, L,P.’8 AND DERREL
18 Plaintiff RIDENOUR’S MOTION FOR,
vs. CONTINUANCE OF MANDATORY
19 SETTLEMENT CONFERENCE, FINAL
THV ENTERPRISES, a California CASE MANAGEMENT AND TRIAL,
20
corporation; THY HAYKINARIK, LLC, a
California limited liability company; WORLD [Rule 3.1332 of the CRC]
21
OF PENTECOST, INC., a California non-
Date of Hearing: November 14, 2022
22 profit religious corporation, also known as Time of Hearing: 8:30 a.m.
WORLD OF PENTECOST-LIFE CHURCH; Division: H
23 KHACHATUR GHASABYAN, an individual,
also known as CHRIS GHASABYAN; Assigned to the Honorable Bernard C. Barmann
TIGRAN ARUTYUNYAN, an individual; and
DOES 1 through 500, inclusive, ‘Action Filed: June 1, 2020
25 Second Amended Complaint Filed: Dec. 21 2020}
Defendants. First Amended Cross-Comynplaint: May 24, 2021
26 |[rial Date: March 20, 202
27
WORLD OF PENTECOST, INC., a
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Cross-Complainant,
NOTICE OF HEARING ON ALDAR MINI STORAGE, L.P.’S AND DERREL RIDENOUR’S MOTION FOR CONTINUANCE OF
MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT AND TRIAL.
1
vs.
ALDAR MINI STORAGE, L.P,, a
California limited partnership, DERRELL
RIDENOUR, an individual, HEIDI NELSON,
an individual, THV ENTERPRISES, a
California corporation; THV HAYKNARIK,
LLC, a California limited liability company;
ALDAR MINI STORAGE, L-P., a California
limited partnership, KHACHATUR.
GHASABYAN, an individual, also known as
CHRIS GHASABYAN; TIGRAN
ARUTYUNYAN, All Person Unknown,
Claiming any Legal or Equitable Right, Title,
Estate, Lien, or Interest in the Property
10 Described in the Complaint or Cross-
Complaint Adverse to Cross-Complainant’s
il Title Thereto, and DOES 1 through 500,
inclusive,
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13 [Cross]-Defendants.
14 TO THE ABOVE-ENTITLED COURT, AND TO ALL PARTIES AND THEIR!
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ATTORNEYS OF RECORD:
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NOTICE IS HEREBY GIVEN that on November 14, 2022, at 8:30 am., or as soon
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thereafter as the matter may be heard, in Division H in the instant Court, located at 1215 Truxtun]
19 Avenue, Bakersfield, California 93301, Plaintiff/Cross-Defendant: ALDAR MINI STORAGE,
20 L.P., a California limited partnership, and Cross-Defendant: Derrel Ridenour (hereinafter
21
referred to as “‘Aidar/Ridenour™), will and shall move for an Order continuing the currently|
scheduled Mandatory Settlement Conference of February 17, 2023, and Final Case Management
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24 and Trial Date of March 20, 2023 for a 4-month continuance, to July 2023, or such date as set by the
25 instant Court (hereinafter referred to as the “Motion”)
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This Motion is made on the grounds that good cause exists pursuant to California Rules of Court
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Rule 3.1332(c), based on circumstances that have delayed the completion of Discovery and Trial
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NOTICE OF HEARING ON ALDAR MINI STORAGE, L.P,°S AND DERREL RIDENOUR’S MOTION FOR CONTINUANCE OF
MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT AND TRIAL
prepatation for the instant case, including the unexpected passing, on August 16, 2022, of Ray T|
Mullen, former co-counsel for Aldar/Ridenour.
This Motion is made and based upon this Motion and Notice of Hearing, the supporting!
Declaration of Muay Tragish, and the Memorandum of Points and Authorities in support thereof}
and any and all oral and/or documentary evidence and argument as may be adduced at the time oj
the hearing of the Motion.
10 Dated: 32 + 2022 LA FFICES OF MURI TRAGISS
ICH & LYNCH
ti
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B Murray Tragi , Attorneys for Plaintiff/
Cross-Defenflant: Aldar ini Stora; Pa
14 California lifgited partnership and
Defendant: Ridenour
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ig
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at
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NOTICE OF HEARING ON ALDAR- NI STORAGE, L.P."S AND DERI DE NOUR’ THON FOR CONTINUANCE OF
MANDATORY § MENT CONFERENCE, FINAL MANAGEME r AND TRIAL
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PROOF OF SERVICE
Aldar Mini Storage, L.P. vs, THY Enterprises, Inc., et al.
Kern County Superior Court; Case No. BCV-20-101265-BCB
STATE OF CALIFORNIA, COUNTY OF KERN
1am a citizen of the United States and employed in the County of Kem, State of California and my
business address is 5330 Office Center Court, Suite 72, Bakersfield, California 93309; J am over the age of
eighteen and not a party to the within entitled action.
On September 29, 2022, I served the following document(s) deseribed as: ROTC OF HE. iG ON
ALDAR STORAGE, L.P.°S AND DERREL RID: 25 MOTI (ON FOR
CONTINUANCE OF MANDATORY SETTLEMENT CONFEREN' CASE
MANAGEMENT CONFERENCE AND TRIAL, on the interested parties to said action or through
their attorneys of record, by placing atrue 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 fully
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.
trorney for De! Cross-Defendan jasaby aka Chris Ghas:
Ronald D. Dessy, Esq.
Dessy & Dessy APC
1301 “L” Street
Bakersfield, California 93301
Attorney for Defendants/Cross-Defendants: THY Enterprises, THV Hayknarik, LLC and
‘igran Arutyunyan
G. Andrew Slater, Esq.
Quall Cardo, LLP
205 East River Circle, Suite 110
Fresno, Califomia 93720
Attorneys for Defendant/Cross-Complainant: on behalf of World of Pentecost, Inc. aka
‘orld of Pentecost Life-Church, and Limited Representstion Attomey for World of
Pentecost Church aka World of Pentecost Life Church
Thomas M. Alexander, Jr. Esq. ThomasM. Alexander, Jr. Esq.
Alexander Law Offices Thomas Alexander Law Offices
468 N. Camden Drive, Suite 200 226 East Sixth Street
Beverly Hills, California 90210 Beaumont, California 92223
Co-counsel for Plaintiff/Cross- Al fini Storage, Cross-Defendant; Derrel Ridenour
Craig M. Lynch, Esq.
Lynch & Lynch
P.O. Box 13515
Bakersfield, California 93389-3515
Page | of 2
XX_ (By Electronic Service) Complying with California C ivil Procedure §1010.6, causéd each
such document(s) to be electronically served from amy@muraytragish.com to each addressee
below. The file transmission was reported as complete and a copy of the receipt will be maintained
with the original document(s) in our office.
Rond1952@aol.com Ronald D. Dessy, Esq.
alexanderslaw@gmail.com Thomas Alexanders, Jr., Esq.
aslater@quallcardot.com G. Andrew Slater, Esq.
clynch@lynchandlynchlaw.com Craig M. Lynch, Esq.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct, and that | am employed in the office of a member of the Bar of this Court at whose direction the
service was made, Executed on September 29, 2022, at Bakersfield, Californ County of Kern.
AS
LEX Amy Be
Page
2 of 2
EXHIBIT 2
ELECTRONICALL' FILED
9/29/2022 2:33 PM
Murray Tragish, Esq., CSB #80759 Kern County Superigr Court
LAW OFFICES OF MURRAY TRAGISH By Gricelda Evans, [Deputy
5330 Office Center Court, Suite 72
1405 Commercial Way, Suite 130
Bakersfield, California 93309
Tel; (661) 324-2648
E-Mail: murray@murraytragish.com
Craig M. Lynch, Esq., State Bar No. 105998
LYNCH & LYNCH
10913 Craigton Court
Bakersfield, California 933 11
Mailing:
P.O, Box 13515
Bakersfield, California 93389-3515
Tel: (661) 322-8396
10 E-Mail: clynch@Jynchandlynchlaw.com
i
Attorneys for Plaintiff/Cross-Defendant: Aldar Mini Storage, L.P., a
12 California Limited Partnership and
Cross-Defendant: Derrel Ridenour
13
4 SUPERIOR COURT OF THE STATE OF CALIFORNIA
15 IN AND FOR THE COUNTY OF KERN, METROPOLITAN DISTRICT, CIVIL DIVISION
16
ALDAR MINI STORAGE, L.P., a California Case No. BCV-20-10i265-BCB
7
limited partnership,
MEMORANDUM OF POINTS AND
18 AUTHORITIES IN SUPPORT OF ALDAR
Plaintiff, MINI STORAGE, L.P.’S AND DERRELL
19 vs. RIDENOUR’S MOTION FOR
CONTINUANCE OF MANDATORY
20 THV ENTERPRISES, a California SETTLEMENT CONFERENCE, FINAL
corporation; THV HAYKNARIK, LLC, a CASE MANAGEMENT CONFERENCE
21
California limited liability company; WORLD AND T!
OF PENTECOST, INC., a California non- [Rule 3.1332 of the CRC]
profit religious corporation, also known as Date of Heating: November 14, 2022
WORLD OF PENTECOST-LIFE CHURCH; Time of Hearing: 8:30 am,
KHACHATUR GHASABYAN, an individual, Division: H
24 also known as CHRIS GHASABYAN;
TIGRAN ARUTYUNYAN, an individual; and |Assigned to the Honorable Bernard C. Barmann
25 DOES 1 through 500, inclusive,
26 Defendants. 5Firstction
i
Filed: June 1, 2020
cond Amended Complaint Filed; Dec. 21 2020
Amended Cross-Complaint: May 24, 2021
27 [Trial Date: March 20, 2023
28 WORLD OF PENTECOST, INC,, a
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P."S AND DERRELL RIDENOUR‘:
MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT CONFERENCE AND]
TRIAL
1
Cross-Complainant,
vs.
ALDAR MINI STORAGE, L.P., a
California limited partnership, DERRELL
RIDENOUR, an individual, HEIDI NELSON,
an individual, TH'V ENTERPRISES, a
California corporation; THV HAYKNARIK,
LLC, a California limited liability company;
ALDAR MINI STORAGE, L-P., a California
limited partnership, KHACHATUR
GHASABYAN, an individual, also known as
CHRIS GHASABYAN; TIGRAN
ARUTYUNYAN, All Person Unknown,
10
Claiming any Legal or Equitable Right, Title,
Estate, Lien, or Interest in the Property
VW Described in the Complaint or Cross-
Complaint Adverse to Cross-Complainant’s
12 Title Thereto, and DOES 1 through 500,
13 inclusive,
14 [Cross]-Defendants.
15
TO THE ABOVE-ENTITLED COURT, AND TO ALL PARTIES AND THEIR
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ATTORNEYS OF RECORD:
v7
COMES NOW, Plaintiff and Cross-Defendant: ALDAR MINI STORAGE, L.P., a
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California limited partnership (hereinafter referred to as “Aldar”) and Cross-Defendant}
20 DERREL RIDENOUR (hereinafter referred to as “Ridenour”), and in support of their Motion fo:
21 an Order to Continue Dates of Mandatory Settlement conference, Final Case Management and
Trial, do hereby submit their Memorandum of Points and Authorities.
23 L
24 INTRODUCTION
As more fully set forth in the Declaration of Murray Tragish (hereinafter referred to as the
26 “Decl. of MT”), filed concurrently herewith, this Motion is made onthe grounds that Aldar and
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Ridenour have engaged in diligent and good-faith preparation for Trial in the within case. The
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untimely passing of Trial co-counsel for Aldar and Ridenour, Ray T. Mullen, on August 16, 2022,
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P.’S AND DERRELL RIDENOUR’S.
MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT CONFERENCE AND}
TRIAL
2
and the delays accompanying his death, and the recently retained Craig M. Lynch, Esq., as the new
Trial co-counsel on September 19, 2022, will require sufficient and additional time for Mr. Lyach tol
be fully familiarized with the issues and evidence in the case, which involves complex issues and
facts, and will require the completion of additional depositions and Discovery. Additionally,
grounds for the within Motion, as set forth in detail in the Decl. of MT, Aldar and Ridenour have
continued to experience the failures of Defendant/Cross-Complainant: World of Pentecost Inc.
(hereinafter referred to as “WOP”) to provide essential testimony, documents, and responses to
Discovery and other material evidence, compounded with the uncertainty of WOP’s legal
representation in this case, and the case is not ready for Trial without the continuance sought in the
10
within Motion.
11
I.
12
THE COURT SHOULD GRANT THE MOTION BECAUSE THERE IS A SHOWING OF
13 GOOD CAUSE TO SUPPORT A CONTINUANCE
14 Although motions for continuances of trial are disfavored, the Court should consider each on its
15
own merits and should be granted on an affirmative showing of good cause. California Rules of
16
Court Rile 3.1332(c).
17
1B
Circumstances that may support good cause include “The unavailability of trial counsel
19 because of death, illness, or other excusable circumstances,” “The substitution of trial counsel,
20 but o here there i: irmative showi bstitution is required in the interests o;
2t
justice;” A party's excused inability to obtain essential testimony, documents, or other material
22
evidence spite diligent ris;” or “A significant, unanticipated change in the status of the
23
24 ase as a result of which the case is not ready for trial.” California Rules of Court Rule
25 3.1332(c)(3)(4)(7) [emphasis added]
26
The California Rules of Court also indicate that the Court must consider all facts and
27
circumstances on its determination of good cause, including the following:
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P.’S AND DERRELL RIDENOUR’S
MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT CONFERENCE AND}
TRIAL
3
“(1) The proximity of the trial date;
|
(2) Whether there was any previous continuance, extension of time, or delay of trial due to
any party,
|
(3) The length of the continuance requested;
|
(4) The availability of alternative means to address the problem that gave rise to the
motion or application for a continuance;
(5) The prejudice that parties, or witnesses will suffer as a result of the continuance;
(6) If the case is entitled to a preferential trial setting, the reasons for that status and
whether the need for a continuance outweighs the need to avoid delay;
(7) The court's calendar and the impact of granting acontinuance on other ‘pending trials;
(8) Whether trial counsel is engaged in another trial;
10
(2) Whether all parties have stipulated to a continuance;
i
(10) Whether the interests of justice are best served by a continuance, by the trial of the
12 matter, or by imposing conditions on the continuance; and
13 (11) Any other fact or circumstance relevant to the fair determination of the motion or
14
application”
15
California Rules of Court, Rule 3.1332(d)(1)-(11).
16 Where denial of a contirmance would result in substantial injustice to the Movant, it is an abuse
7 of discretion to deny it. Hamilton v Orange County Sheriff's Department (2017) 8 Cal. App. 544
18
759, 766, 214 Cal, Rptr. 3d 151, 156
19
The recent passing of co-counsel for Trial, Ray T. Mullen, and the corresponding time incurred
20
21 to retain new co-counsel, and the additional time for Mr. Lynch to become fully familiarized with]
the issues and evidence in the within case, and coordination of Discovery and future depositions.
will require a continuance of the Trial date so as to allow for the completion of preparation for Trial.
24
Additionally, notwithstanding Mr. Mullen’s untimely passing, the within case and the WOP
25
First Amended Cross-Complaint is still not at issue because Cross-Defendant: Heidi Nelson has not
27 been served nor appeared in these proceedings.
28
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P.'S AND DERRELL RIDENOUR'S
MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT CONFERENCE
TRIAL
4
The foregoing is compounded by dilatory conduct of WOP in its ongoing failure to provide
Discovery responses, including the responses to Aldar’s second set of Demand for Production off
Documents (which is the subject of a Motion to Compel and for sanctions, filed concurrently wit
this Motion), and WOP's violation of Court Orders regarding Discovery and previously imposed!
sanctions.
‘
Also, the legal representation of WOP in the case, in which Mt. Alexander filed a Motion to Bd
Relieved over a month ago, and then taken off calendar by Mr. Alexander with the representation td
the Court that he would be filing a written Substitution of Attorney with the Court, to date, has no
10
been filed and has created ongoing uncertainty of WOP’s legal representation in the case
OL
12
13 CONCLUSION
14 It is respectfully submitted that Aldar and Ridenour’s request for a 4-month continuance of the
15
Trial date, or such other date set by the Court,.to allow for the completion of Discovery and full
(6
preparation of Trial, be granted.
7
2
ig
Dated 2022 LAY OFFICES OF MURRA®{RAGISH
9 CH & LYNCH
21
22 Murray Teagish, orneys for Plaintiff?
Cross-Defendant: Idar ini Sto: wy a
23 California limited TOSS~
Defendant: Derrel Ridenour
24
5
26
27
28
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORTOF ALDAR MINI STORAGE 'S AND DERRELL IIDE OUR'S
MOTION FOR CONTINUANCE OF MANDATORY 'LEMENT CONFERENCE. FINAL CASE MANAGEMENT CQ) E ANI
TRIAL
5
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 4
Yam a citizen of the United States and employed in the County of Kem, State of California and my
business address is 5330 Office Center Court, Suite 72, Bakersfield, California 93309; I am over the age of
eighteen and not a party to the within entitled action.
On September 29, 2022, I served the following document(s) described as: (ORANDUM 0!
POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P.’S AND
DERREL RIDENOUR’S MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT
CONFERENCE, FINAL CASE MANAGEMENT CONFERENCE AND TRIAL, on the intcrested
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 fully
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.
Attomey for Defendant/Cross-Defendant: Khachartur Ghasabvan aka Chris Ghasabyan
Ronald D. Dessy, Esq.
Dessy & Dessy APC
1301 “L” Street
Bakersfield, California 93301
Attomey for Defendants/Cross-Defendants: THV Enterprises, THV Hayknatik, LLC and
Ti
G. Andrew Slater, Esq.
Quall Cardot, LLP
205 East River Circle, Suite 110
Fresno, California 93720
Attorneys for Defendant/Cross-Complainant: on behalfof World of Pentecost, Inc. ak:
World of Pentecost Life- and Limit r World o!
Pentecost Church aka World of Pentecost Life Church
Thomas M. Alexander, Jr. Esq. ThomasM. Alexander, Jr. Esq.
Alexander Law Offices Thomas Alexander Law Offices
468 N. Camden Drive, Suite 200 226 East Sixth Street
Beverly Hills, California 90210 Beaumont, California 92223
Co-counsel for Plaintiff/Cross-Defendant lar Mini Sto: and G dant: Derrel Ri
CraigM. Lynch, Esq.
Lynch & Lynch
P.O. Box 13515
Bakersfield, California 93389- 3515
Page 1 of 2
XX (By Electronic Service) Complying with California Code of Civil Procedure §1010.6, caused each
such document(s) to be electronically served from amy@murraytragish.com to each addressee
below. The file transmission was reported as complete and a copy of the receipt will be maintained
with the original document(s) in our office.
Rond19S2@aol.com Ronald D. Dessy, Esq.
alexanderslaw@gmail.com Thomas Alexanders, Jr., Esq.
aslater@qualicardot.com G. Andrew Slater, Esq.
clynch@lynchandlynchiaw.com Craig M. Lynch, Esq.
I declare under penaity of perjury under the laws of the State of Califomia that the foregoing is true and
correct, and that I am employed in the office of a member of the Bar of this Court at whose direction the
service was made, Executed on September 29, 2022, at Bakersfield, California, ity of Kern.
BGP yeu CO)
Page 2 of 2
EXHIBIT 3
ELECTRONICALLY FILED
9/29/2022 2:33 PM
Murray Tra:
LAW OFFICE: fenso -» CSB #80759
MURRAY TRAGISH
Kern County Superidr Court
By Gricelda Evans, |Deputy
35330 Office Center Court, Suite 72
Bakersfield, California 93309
Fax: (661) 324-2654
-] murray@murraytragish.com
Craig M. Lynch, Esq., State Bar No. 105998
LYNCH & LYNCH
10913 Craigton Court
Bakersfield, California 93311
Mailing:
P.O. Box 13515
Bakersfield, California 93389-3515
Tel: (661) 322-8396
E-Mail: clynch@lynchandlynchlaw.com
10
Attomeys for Plaintiff/Cross-Defendant: Aldar Mini Storage, L.P.,a
W California Limited Partnership an
Cross-Defendant: Derrel Ridenour
12
13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
14
IN AND FOR THE COUNTY OF KERN
15
METROPOLITAN DIVISION, CIVIL DISTRICT
16
W ALDAR MINI STORAGE, L.P., a California Case No.: BCV-20-101265-BCB
18 limited parinership,
DECLARATION OF MURRAY TRAGISH
IN SUPPORT OF ALDAR MINI STORAGE,
9 Plaintiff, L.P.’S AND DERREL RIDENOUR’S
vs. MOTION FOR CONTINUANCE OF
20 MANDATORY SETTLEMENT
THYV ENTERPRISES, a California corporation; CONFERENCE, FINAL CASE
21 MANAGEMENT AND TRIAL
THV HAYKNARIK, LLC, a California limited [Rule 3.1332 of the CRC]
22 liability company; WORLD OF PENTECOST,
INC.,, a California non-profit religious Date of Hearing: November 14, 2022
23 Time of Hearing: 8:30 a.m.
corporation, also known as WORLD OF
PENTECOST-LIFE CHURCH; KHACHATUR Division: H
24
GHASABYAN, an individual, also known as
25 CHRIS GHASABYAN; TIGRAN \Assigned to the Honorable Bernard C, Barmann,
ARUTYUNYAN, an individual; and DOES 1
26
through 500, inclusive lAction Filed: June 1, 2020
Defendants.
Second Amended Complaint Filed Dec 21 2020
27 First Amended Cross-Complaint: May 24, 2021
(Trial Date: March 20, 2023
28
DECLARATION OF MURRAY TRAGISH IN SUPPORT OF ALDAR MINI STORAGE, L.P."S AND DERREL
RIDENOUR’S MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE
MANAGEMENT CONFERENCE AND TRIAL
1
WORLD OF PENTECOST, INC., a
Cross-Complainant,
VS.
ALDAR MINI STORAGE, L.P., a
California limited partnership, DERRELL
RIDENOUR, an individual, HEIDI NELSON,
an individual, THV ENTERPRISES, a
California corporation; THV HAYKNARIK,
LLC, a California limited liability company;
ALDAR MINI STORAGE, L.P., a California
limited partnership, KHACHATUR
GHASABYAN, an individual, also known as
CHRIS GHASABYAN; TIGRAN
10 ARUTYUNYAN, Al! Person Unknown,
Claiming any Legal
Preview
Murray Tragish, Esq. (SBN: 80759) LAW OFFICES OF MURRAY TRAGISH 5330 Office Center Court, Suite 72 Bakersfield, CA 93309 Email: murray UITA ish.com Telephone: (661) 324-2648 Craig M. Lynch, Esq. (SBN 105998) LYNCH AND LYNCH 10913 Craigton Court Bakersfield, CA 93311 Mailing Address: P.O. Box 13515 Bakersfield, CA 93389-3515 Email: clynch@lynchandlynchlawfirm.com Telephone: (661) 322-8396 Attorney for Plaintiff, ALDAR MINI STORAGE, L-P., a California Limited Partnership 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF KERN, METROPOLITAN DISTRICT, CIVIL DIVISION 13 ALDAR MINI STORAGE, L.P., a California ) Case No.: BCV-20-101265-BCB limited partnership, 14 DECLARATION OF CRAIG M. LYNCH IN Plaintiff, SUPPORT OF ALDAR MINI STORAGE, 15 VS. L.P.’S REPLY TO THV DEFENDANTS’ LIMITED OPPOSITION TO REDAR’S 16 MOTION FOR CONTINUANCE OF THV ENTERPRISES, a California MANDATORY SETTLEMENT corporation; THV HAYKNARIK, LLC, a CONFERENCE, FINAL CASE 17 California limited liability company; WORLD MANAGEMENT CONFERENCE AND OF PENTECOST, INC., a California non- TRIAL [Rule 3.1332 of the CRC] 18 profit religious corporation, also known as 19 WORLD OF PENTECOST-LIFE CHURCH; ) Date of Hearing: August 24, 2023 Time of Hearing: 8:30 a.m. KHACHATUR GHASABYAN, an individual Division: H 20 also known as CHRIS GHASABYAN; ) TIGRAN ARUTYUNYAN, an individual; Assigned to the Honorable Bernard C. Barmann. 21 and DOES | through 500, inclusive, Action Filed: June 1, 2020 22 Second Amended Complaint Filed: Defendants. Dec. 21, 2020 23 First Amended Cross-Complaint: May 24, 2021 24 Trial Date: October 30, 2023 AND RELATED CROSS-ACTION 25 DISMISSED. 26 it 27 Hf 28 1 DECLARATION OF CRAIG M. LYNCH IN SUPPORT OF ALDAR MINI STORAGE, L.P.’S REPLY TO THV DEFENDANTS’ LIMITED OPPOSITION TO MOTION FOR CONTINUANCE. I, Craig M. Lynch, do hereby state and declare as follows: 1 This Declarant is an attorney at law duly licensed to practice before all Courts in the State of California, and I am one of the attorneys of record for the Plaintiff, Aldar Mini Storage, LP. (hereinafter referred to as “Aldar”). 2. Ihave personal knowledge of the facts stated herein, except where the text indicates otherwise to which I believe them to be true, and if called as a witness, could and would competently attest thereto. 3 On June 13, 22, 27, 29 and July 11, 2023, I had meet and confer telephonic 10 11 conversations with Andrew Slater in order to informally resolve the issue of whether the discovery 12 deadline had been extended by the Motion for Continuance heard on November 14, 2022 which 13 continued the Trial to October 30, 2023. And the fact that Aldar would be filing another motion to 14 continue the trial date and the discovery deadline. I discussed with counsel the facts set forth in 15 detail in the Motion for continuance of Mandatory Settlement Conference, Final Case Management 16 Conference and Trial set for hearing on August 24, 2023 (“Motion to Continue”). 17 4 On June 13 and 22, 2023, I had meet and confer telephonic conversations with 18 19 Ronald Dessy in order to informally resolve the issue of whether the discovery deadline had been 20 extended by the Motion for Continuance heard on November 14, 2022 which continued the Trial 21 to October 30, 2023. And the fact that Aldar would be filing another motion to continue the trial 22 date and the discovery deadline. .I discussed with counsel the facts set forth in detail in the Motion 23 for continuance of Mandatory Settlement Conference, Final Case Management Conference and 24 Trial set for hearing on August 24, 2023. 25 26 5 On June 28, 2023, I sent a meet and confer letter attached as Exhibit “A” to Ronald 27 Dessy with a copy to Andrew Slater. 28 6 One June 29, 2023, I received the email attached as Exhibit “B” from Ronald Dessy 2 ‘DECLARATION OF CRAIG M. LYNCH IN SUPPORT OF ALDAR MINI STORAGE, L.P.?S REPLY TO. THV DEFENDANTS’ LIMITED OPPOSITION TO MOTION FOR CONTINUANCE, in response to my letter of June 28, 2023. 7. On July 3, 2023, I sent an additional meet and confer letter to Andrew Slater and Ronald Dessy. The email is attached hereto as Exhibit “C”. 8 Attached hereto as Exhibit “D” is an email string regarding the setting of depositions in this case. On July 27, 2023, in his email to Ronald Dessy, objected to any deposition being set. 9 Attached hereto as Exhibit “E” is an email string between myself, Ronald Dessy and Andrew Slater. Both Ronald Dessy and Andrew Slater stated they wanted a ruling from the Court regarding the discovery cut-off issue before any depositions were scheduled. 10 I declare under penalty of perjury under the laws of the State of California that the foregoing 1 is true and correct. 12 Executed this 17th day of August, 2023 at Bakersfield, California. 13 14 15 Craig M. Lynch, Esq. 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF CRAIG M. LYNCH IN SUPPORT OF ALDAR MINI STORAGE, L.P.’S REPLY TO THV DEFENDANTS’ LIMITED OPPOSITION TO MOTION FOR CONTINUANCE, EXHIBIT “A” From Craig Lynch clynch@lynchandlynchlawfirm.com Subject Meet and Confer Letter Date Jun 28, 2023 at 1:00:50 PM Te Ron Dessy rondi952@aal.com Ce Andrew Stater asiater@quallcardot.com, Murray Tragish murray@murraytragish.com, Amy Belyeu amy@murray tragish. cat cornet Mr. Dessy enclosed is a letter for your review. | [ook forward to your response. Thank you. Craig M. Lynch Lynch and Lynch Phone: (661) 322-8396 Email: clypch@lyochandlynchlawfirm.com Web: lynchandiynchilp.com P.O Box 13515 Bakersfield, CA: 93389-3515 E-MAIL CONFIDENTIALITY NOTICE: THIS MESSAGES FOR THE SOLE USE.OF THE INTENDED RECIPIENT/S AND MAY CONTAIN INFORMATION THAT IS LEGALLY PRIVILEGED AND CONFIDENTIAL. TRANSMITTAL OF THIS MESSAGE THROUGH E-MAIL [S NOT INTENDED TO CONSTITUTE A WAIVER OF ANY ATTORNYEY-CLIENT OR WORK PRODUCT PRIVILEGES, IF YOU ARE.NOT THE INTENDED RECIPIENT, OR THIS MESSAGE HAS BEEN ADDRESSED TO YOU IN ERROR, PLEASE IMMEDIATELY ALERT THE SENDER BY REPLY E-MAIL AND DELETE THIS MESSAGE AND ANY ATTACHMENTS. soe ceercsennnenantin, Densy LOLedt MB LAW OFFICESOF LYNCH anp LYNCH KEVIN G. LYNCH (1933-2018) POST OFFICE BOX 13515 “TELEPHONE (661) 332-8396 CRAIGM. LYNCH BAKERSFIELD, CALIFORNIA 93389-3515, CLYNCH@LYNCHANDLYNCHLAWFIRM.COM, June 28, 2023 Ronald D. Dessy, Esq. . VIA ELECTRONIC MAIL Dessy & Dessy APC rond1952@aol.com 1301 “L” Street AND FIRST-CLASS MAIL Bakersfield, California 93301 Re: Aldar Mini Storage L.P. vs. THV Enterprises, Inc. etal. Meet and Confer Dear Mr. Dessy: Please consider this letter a meet and confer concerning your contention, as a result of our telephone conversation of June 22, 2023, that Discovery in the Aldar v THY case is barted by California Code of Civil Procedure §2024.020 which provides that all parties will complete discovery on or before the 30 day before trial and have motions concerning discovery heard on or before the 15th day before the date initially set for trial of the action. It is my understanding that you were utilizing the foregoing as the basis for your refusal for producing your client, Khachatur Ghasabyan (“Chris”) for deposition in the instant case. It is my client’s position that your contentions are without merit. On or about September 29, 2022, my client filed a Motion for Continuance of the Mandatory Settlement Conference, Final Case Management Conference and Trial. The Motion came on for hearing on November 14, 2022 in which the Court granted the Motion. Attached are copies of the Notice of Hearing on the Motion for Continuance (Exhibit 1), Memorandum of Points and Authorities in Support of the Motion for Continuance (Exhibit 2), the Declaration of Murray Tragish in Support of the Motion for Continuance (Exhibit 3) and proposed order (Exhibit 4), all incorporated herein by this reference. The Motion was brought because of the delays incurred in Discovery and preparation for Trial caused by the dilatory conduct of World of Pentecost, Inc. (“WOP”) in completing Discovery and providing Kurt and Linda Johnson, the Chief Executive Officer and Chief Financial Officers, respectively, and allowing the ascertainment of material witnesses and documents concerning the disputed transactional events and facts in both of the cases, and the untimely passing of Ray T. Mullen, Esq. The entire point and thrust of the Motion for Continuance was for an extension of not only the Trial but of the Discovery so that it could be completed allowing the parties adequate Ronald D. Dessy, Esq. Re: Aldar Mini Storape L.P. vs. THV Enterprises, Inc., et al. June 28, 2023 Page 2 time and opportunity to prepare for Trial and was discussed at the hearing on the Motion. Irespectfully bring your attention to the Memorandum of Points and Authorities which indicates, including, but not limited to, on page 3, lines 4-10, page 4, lines 19-28, examples of the necessity for the continuance in conjunction with the extension of the cut off for Discovery. | also bring your attention to the Declaration of Murray Tragish supporting the Motion for Continuance, page 6 lines 14 through 10, lines 18-25, page 7, paragraphs 23 and 24, as examples of the basis and thrust of the Motion for Coritinuance which was predicated on the necessity of an extension to obtain Discovery. Not only did the Court’s Minute Order (Exhibit 5) grant the Motion to Continue Trial in its entirety, it set forth new dates for the Trial. Subsequently, an Amended Notice of Ruling on the Motion for Continuance was circulated amongst the parties and indicated that “all applicable motions and discovery deadlines are extended and continued to correspond to the new trial date” a copy of which is attached and incorporated herein by this reference (Exhibit 6). You will note from the Amended Notice of Ruling that copies of it were mailed to your person on December 19, 2022 and to date, no objections to the Notice of Ruling have been received by the undersigned nor to the Minute Order filed by the Court in these proceedings. Thereinafter, as a result of WOP’s failure to comply with numerous Discovery requests, my client filed a Motion to Strike the WOP Answer and Cross-Complaint, and Motions to Compel responses to a Demand for Production of Documents, Set Two, and to Compel the Depositions of the WOP individuals, on April 12, 2023. Additionally, THY filed for an Order Imposing Sanctions against WOP for failure to obey court order on April 21, 2023. Pursuant to your contentions, those Motions would be barred because they were not heard fifteen days before the original or continued Trial date of March 20, 2023; however, at no time was there an objection, whether oral or written, provided by you to any of the aforementioned Motions. Three Discovery Motions and the one Motion to Strike the Answer and Cross-Complaint of WOP were heard before the Judge on May 26, 2023 and the Court granted all four Motions, See the attached May 26, 2023 Minute Order concerning the Motions, incorporated herein by this reference (Exhibit 7). You neither showed up for the May 26, 2023 hearings nor filed any objections that the Motions were in violation of California Code of Civil Procedure §2024.020. Thave also attached a copy of the proposed Consolidated Orders for all four above- Ronald D. Dessy, Esq. Re: Aldar Mini Storage L.P. vs. THV Enterprises, Inc., et al. June 28, 2023 Page 3 referenced Motions, which was mailed to your person for review and any potential objection(s) (Exhibit 8). You made no objections to the attached proposed Orders which has been forwarded to the Court for signature. The proposed Order was submitted in conjunction with the Court’s instruction at the hearings and acknowledges the basis and allowance of Discovery in the instant case, notwithstanding your contention that it previously expired. You also indicated that you did not object to any of the aforementioned pleadings, motions and orders because they did not involve your client. I believe your contention is again, without merit. Your client has been sued by my client not only for the Breach of the Lease Agreement (through an alter ego theory), but as a Guarantor of the Lease and for Declaratory Relief, and there are issues involving the Breach and correspondingly the Guaranty which involves maintenance, rents, remediation, utilization of the property, and other related issues. Clearly, the aforementioned Motion and requested Discovery potentially affected and involved your client’s liability in the case and the referenced Discovery and Motions in the instant case pertain to the issues and the causes of action alleged against him. You also contend that you discussed the waiver of discovery issues with Ray T. Mullen, however, Mr. Mullen became deceased on August 16, 2022, and the Motion for Continuance filed on September 29, 2022, and heard on November 14, 2022, which would preclude any conversation with Mr. Mullen as irrelevant prior to the Motion being made. Additionally, if you had an objection, you should have made them at the time of the filing of the Motion for Continuance, which you did not. I believe it is not in good faith to abstain from timely objections and then wait nine months to decide to assert your objection four months before Trial and three months before the cut off for Discovery and any objections, real or otherwise, have been waived. Had you made your objection known in a timely fashion, my client would have brought a motion to confirm the extension as previously allowed under the referenced Motion for Continuance. In view of all of the delays experienced in this case with WOP, which has prevented the parties from pursuing additional Discovery involving WOP relating to the issues between our respective clients, Aldar will also be filing shortly a Motion for Continuance and Motion to Compel your client’s attendance at a deposition, which will address your objections if you do not withdraw them and produce your client for deposition in this case. Please advise the undersigned if you will reconsider your objection no later than the close Ronald D. Dessy, Esq. Re: Aldar Mini Storage L.P. vs. THV Enterprises, Inc., et al. June 28, 2023 Page 4 of business on July 3, 2023, so that my client may govern itself accordingly. Very truly yours, LYNCH & LYNCH Craig M. Lynch CML:sw Encl. ce: Murray Tragish, Esq. G. Andrew Slater, Esq. EXHIBIT 1 ELECTRONICALLY FILED » 9/29/2022 2:33 PM Murray Tragish, Esq., CSB #80759 Kern County Superidr Court LAW OF! CES OF MURRAY TRAGISH By Gricelda Evans, |Deputy 5330 Office Center Court, Suite 72 Bakersfield, California 93309 Tel: (661) 324-2648 E-Mail: murray@murraytragish.com Craig M. Lynch, Esq., State Bar No. 105998 LYNCH & LYNCH 10913 Craigton Court Bakersfield, California 93311 Mailing: P.O. Box 13515 Bakersfield, California 93389-3515 Tel: (661) 322-8396 E-Mail: clynch@lynchandlynchlaw.com 10 ll Attomeys for Plaintiff/Cross-Defendant: Aldar Mini Storage, L.P., a California Limited Partnership and 12 Cross-Defendant: Derrel Ridenour 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 IN AND FOR THE COUNTY OF KERN, METROPOLITAN DISTRICT, CIVIL DIVISION 1s 16 ALDAR MINI STORAGE, L.P., a California Case No. BCV-20-101265-BCB limited partnership, 17 NOTICE OF HEARING ON ALDAR MINI STORAGE, L,P.’8 AND DERREL 18 Plaintiff RIDENOUR’S MOTION FOR, vs. CONTINUANCE OF MANDATORY 19 SETTLEMENT CONFERENCE, FINAL THV ENTERPRISES, a California CASE MANAGEMENT AND TRIAL, 20 corporation; THY HAYKINARIK, LLC, a California limited liability company; WORLD [Rule 3.1332 of the CRC] 21 OF PENTECOST, INC., a California non- Date of Hearing: November 14, 2022 22 profit religious corporation, also known as Time of Hearing: 8:30 a.m. WORLD OF PENTECOST-LIFE CHURCH; Division: H 23 KHACHATUR GHASABYAN, an individual, also known as CHRIS GHASABYAN; Assigned to the Honorable Bernard C. Barmann TIGRAN ARUTYUNYAN, an individual; and DOES 1 through 500, inclusive, ‘Action Filed: June 1, 2020 25 Second Amended Complaint Filed: Dec. 21 2020} Defendants. First Amended Cross-Comynplaint: May 24, 2021 26 |[rial Date: March 20, 202 27 WORLD OF PENTECOST, INC., a 28 Cross-Complainant, NOTICE OF HEARING ON ALDAR MINI STORAGE, L.P.’S AND DERREL RIDENOUR’S MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT AND TRIAL. 1 vs. ALDAR MINI STORAGE, L.P,, a California limited partnership, DERRELL RIDENOUR, an individual, HEIDI NELSON, an individual, THV ENTERPRISES, a California corporation; THV HAYKNARIK, LLC, a California limited liability company; ALDAR MINI STORAGE, L-P., a California limited partnership, KHACHATUR. GHASABYAN, an individual, also known as CHRIS GHASABYAN; TIGRAN ARUTYUNYAN, All Person Unknown, Claiming any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property 10 Described in the Complaint or Cross- Complaint Adverse to Cross-Complainant’s il Title Thereto, and DOES 1 through 500, inclusive, 12 13 [Cross]-Defendants. 14 TO THE ABOVE-ENTITLED COURT, AND TO ALL PARTIES AND THEIR! 15 ATTORNEYS OF RECORD: 16 NOTICE IS HEREBY GIVEN that on November 14, 2022, at 8:30 am., or as soon 7 18 thereafter as the matter may be heard, in Division H in the instant Court, located at 1215 Truxtun] 19 Avenue, Bakersfield, California 93301, Plaintiff/Cross-Defendant: ALDAR MINI STORAGE, 20 L.P., a California limited partnership, and Cross-Defendant: Derrel Ridenour (hereinafter 21 referred to as “‘Aidar/Ridenour™), will and shall move for an Order continuing the currently| scheduled Mandatory Settlement Conference of February 17, 2023, and Final Case Management 23 24 and Trial Date of March 20, 2023 for a 4-month continuance, to July 2023, or such date as set by the 25 instant Court (hereinafter referred to as the “Motion”) 26 This Motion is made on the grounds that good cause exists pursuant to California Rules of Court 27 Rule 3.1332(c), based on circumstances that have delayed the completion of Discovery and Trial 28 NOTICE OF HEARING ON ALDAR MINI STORAGE, L.P,°S AND DERREL RIDENOUR’S MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT AND TRIAL prepatation for the instant case, including the unexpected passing, on August 16, 2022, of Ray T| Mullen, former co-counsel for Aldar/Ridenour. This Motion is made and based upon this Motion and Notice of Hearing, the supporting! Declaration of Muay Tragish, and the Memorandum of Points and Authorities in support thereof} and any and all oral and/or documentary evidence and argument as may be adduced at the time oj the hearing of the Motion. 10 Dated: 32 + 2022 LA FFICES OF MURI TRAGISS ICH & LYNCH ti 2 B Murray Tragi , Attorneys for Plaintiff/ Cross-Defenflant: Aldar ini Stora; Pa 14 California lifgited partnership and Defendant: Ridenour 15 16 17 18 ig 20 at 22 23 a 25 26 27 28 NOTICE OF HEARING ON ALDAR- NI STORAGE, L.P."S AND DERI DE NOUR’ THON FOR CONTINUANCE OF MANDATORY § MENT CONFERENCE, FINAL MANAGEME r AND TRIAL 3 PROOF OF SERVICE Aldar Mini Storage, L.P. vs, THY Enterprises, Inc., et al. Kern County Superior Court; Case No. BCV-20-101265-BCB STATE OF CALIFORNIA, COUNTY OF KERN 1am a citizen of the United States and employed in the County of Kem, State of California and my business address is 5330 Office Center Court, Suite 72, Bakersfield, California 93309; J am over the age of eighteen and not a party to the within entitled action. On September 29, 2022, I served the following document(s) deseribed as: ROTC OF HE. iG ON ALDAR STORAGE, L.P.°S AND DERREL RID: 25 MOTI (ON FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFEREN' CASE MANAGEMENT CONFERENCE AND TRIAL, on the interested parties to said action or through their attorneys of record, by placing atrue 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 fully 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. trorney for De! Cross-Defendan jasaby aka Chris Ghas: Ronald D. Dessy, Esq. Dessy & Dessy APC 1301 “L” Street Bakersfield, California 93301 Attorney for Defendants/Cross-Defendants: THY Enterprises, THV Hayknarik, LLC and ‘igran Arutyunyan G. Andrew Slater, Esq. Quall Cardo, LLP 205 East River Circle, Suite 110 Fresno, Califomia 93720 Attorneys for Defendant/Cross-Complainant: on behalf of World of Pentecost, Inc. aka ‘orld of Pentecost Life-Church, and Limited Representstion Attomey for World of Pentecost Church aka World of Pentecost Life Church Thomas M. Alexander, Jr. Esq. ThomasM. Alexander, Jr. Esq. Alexander Law Offices Thomas Alexander Law Offices 468 N. Camden Drive, Suite 200 226 East Sixth Street Beverly Hills, California 90210 Beaumont, California 92223 Co-counsel for Plaintiff/Cross- Al fini Storage, Cross-Defendant; Derrel Ridenour Craig M. Lynch, Esq. Lynch & Lynch P.O. Box 13515 Bakersfield, California 93389-3515 Page | of 2 XX_ (By Electronic Service) Complying with California C ivil Procedure §1010.6, causéd each such document(s) to be electronically served from amy@muraytragish.com to each addressee below. The file transmission was reported as complete and a copy of the receipt will be maintained with the original document(s) in our office. Rond1952@aol.com Ronald D. Dessy, Esq. alexanderslaw@gmail.com Thomas Alexanders, Jr., Esq. aslater@quallcardot.com G. Andrew Slater, Esq. clynch@lynchandlynchlaw.com Craig M. Lynch, Esq. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that | am employed in the office of a member of the Bar of this Court at whose direction the service was made, Executed on September 29, 2022, at Bakersfield, Californ County of Kern. AS LEX Amy Be Page 2 of 2 EXHIBIT 2 ELECTRONICALL' FILED 9/29/2022 2:33 PM Murray Tragish, Esq., CSB #80759 Kern County Superigr Court LAW OFFICES OF MURRAY TRAGISH By Gricelda Evans, [Deputy 5330 Office Center Court, Suite 72 1405 Commercial Way, Suite 130 Bakersfield, California 93309 Tel; (661) 324-2648 E-Mail: murray@murraytragish.com Craig M. Lynch, Esq., State Bar No. 105998 LYNCH & LYNCH 10913 Craigton Court Bakersfield, California 933 11 Mailing: P.O, Box 13515 Bakersfield, California 93389-3515 Tel: (661) 322-8396 10 E-Mail: clynch@Jynchandlynchlaw.com i Attorneys for Plaintiff/Cross-Defendant: Aldar Mini Storage, L.P., a 12 California Limited Partnership and Cross-Defendant: Derrel Ridenour 13 4 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 IN AND FOR THE COUNTY OF KERN, METROPOLITAN DISTRICT, CIVIL DIVISION 16 ALDAR MINI STORAGE, L.P., a California Case No. BCV-20-10i265-BCB 7 limited partnership, MEMORANDUM OF POINTS AND 18 AUTHORITIES IN SUPPORT OF ALDAR Plaintiff, MINI STORAGE, L.P.’S AND DERRELL 19 vs. RIDENOUR’S MOTION FOR CONTINUANCE OF MANDATORY 20 THV ENTERPRISES, a California SETTLEMENT CONFERENCE, FINAL corporation; THV HAYKNARIK, LLC, a CASE MANAGEMENT CONFERENCE 21 California limited liability company; WORLD AND T! OF PENTECOST, INC., a California non- [Rule 3.1332 of the CRC] profit religious corporation, also known as Date of Heating: November 14, 2022 WORLD OF PENTECOST-LIFE CHURCH; Time of Hearing: 8:30 am, KHACHATUR GHASABYAN, an individual, Division: H 24 also known as CHRIS GHASABYAN; TIGRAN ARUTYUNYAN, an individual; and |Assigned to the Honorable Bernard C. Barmann 25 DOES 1 through 500, inclusive, 26 Defendants. 5Firstction i Filed: June 1, 2020 cond Amended Complaint Filed; Dec. 21 2020 Amended Cross-Complaint: May 24, 2021 27 [Trial Date: March 20, 2023 28 WORLD OF PENTECOST, INC,, a MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P."S AND DERRELL RIDENOUR‘: MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT CONFERENCE AND] TRIAL 1 Cross-Complainant, vs. ALDAR MINI STORAGE, L.P., a California limited partnership, DERRELL RIDENOUR, an individual, HEIDI NELSON, an individual, TH'V ENTERPRISES, a California corporation; THV HAYKNARIK, LLC, a California limited liability company; ALDAR MINI STORAGE, L-P., a California limited partnership, KHACHATUR GHASABYAN, an individual, also known as CHRIS GHASABYAN; TIGRAN ARUTYUNYAN, All Person Unknown, 10 Claiming any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property VW Described in the Complaint or Cross- Complaint Adverse to Cross-Complainant’s 12 Title Thereto, and DOES 1 through 500, 13 inclusive, 14 [Cross]-Defendants. 15 TO THE ABOVE-ENTITLED COURT, AND TO ALL PARTIES AND THEIR 16 ATTORNEYS OF RECORD: v7 COMES NOW, Plaintiff and Cross-Defendant: ALDAR MINI STORAGE, L.P., a 18 19 California limited partnership (hereinafter referred to as “Aldar”) and Cross-Defendant} 20 DERREL RIDENOUR (hereinafter referred to as “Ridenour”), and in support of their Motion fo: 21 an Order to Continue Dates of Mandatory Settlement conference, Final Case Management and Trial, do hereby submit their Memorandum of Points and Authorities. 23 L 24 INTRODUCTION As more fully set forth in the Declaration of Murray Tragish (hereinafter referred to as the 26 “Decl. of MT”), filed concurrently herewith, this Motion is made onthe grounds that Aldar and 27 Ridenour have engaged in diligent and good-faith preparation for Trial in the within case. The 28 untimely passing of Trial co-counsel for Aldar and Ridenour, Ray T. Mullen, on August 16, 2022, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P.’S AND DERRELL RIDENOUR’S. MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT CONFERENCE AND} TRIAL 2 and the delays accompanying his death, and the recently retained Craig M. Lynch, Esq., as the new Trial co-counsel on September 19, 2022, will require sufficient and additional time for Mr. Lyach tol be fully familiarized with the issues and evidence in the case, which involves complex issues and facts, and will require the completion of additional depositions and Discovery. Additionally, grounds for the within Motion, as set forth in detail in the Decl. of MT, Aldar and Ridenour have continued to experience the failures of Defendant/Cross-Complainant: World of Pentecost Inc. (hereinafter referred to as “WOP”) to provide essential testimony, documents, and responses to Discovery and other material evidence, compounded with the uncertainty of WOP’s legal representation in this case, and the case is not ready for Trial without the continuance sought in the 10 within Motion. 11 I. 12 THE COURT SHOULD GRANT THE MOTION BECAUSE THERE IS A SHOWING OF 13 GOOD CAUSE TO SUPPORT A CONTINUANCE 14 Although motions for continuances of trial are disfavored, the Court should consider each on its 15 own merits and should be granted on an affirmative showing of good cause. California Rules of 16 Court Rile 3.1332(c). 17 1B Circumstances that may support good cause include “The unavailability of trial counsel 19 because of death, illness, or other excusable circumstances,” “The substitution of trial counsel, 20 but o here there i: irmative showi bstitution is required in the interests o; 2t justice;” A party's excused inability to obtain essential testimony, documents, or other material 22 evidence spite diligent ris;” or “A significant, unanticipated change in the status of the 23 24 ase as a result of which the case is not ready for trial.” California Rules of Court Rule 25 3.1332(c)(3)(4)(7) [emphasis added] 26 The California Rules of Court also indicate that the Court must consider all facts and 27 circumstances on its determination of good cause, including the following: MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P.’S AND DERRELL RIDENOUR’S MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT CONFERENCE AND} TRIAL 3 “(1) The proximity of the trial date; | (2) Whether there was any previous continuance, extension of time, or delay of trial due to any party, | (3) The length of the continuance requested; | (4) The availability of alternative means to address the problem that gave rise to the motion or application for a continuance; (5) The prejudice that parties, or witnesses will suffer as a result of the continuance; (6) If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; (7) The court's calendar and the impact of granting acontinuance on other ‘pending trials; (8) Whether trial counsel is engaged in another trial; 10 (2) Whether all parties have stipulated to a continuance; i (10) Whether the interests of justice are best served by a continuance, by the trial of the 12 matter, or by imposing conditions on the continuance; and 13 (11) Any other fact or circumstance relevant to the fair determination of the motion or 14 application” 15 California Rules of Court, Rule 3.1332(d)(1)-(11). 16 Where denial of a contirmance would result in substantial injustice to the Movant, it is an abuse 7 of discretion to deny it. Hamilton v Orange County Sheriff's Department (2017) 8 Cal. App. 544 18 759, 766, 214 Cal, Rptr. 3d 151, 156 19 The recent passing of co-counsel for Trial, Ray T. Mullen, and the corresponding time incurred 20 21 to retain new co-counsel, and the additional time for Mr. Lynch to become fully familiarized with] the issues and evidence in the within case, and coordination of Discovery and future depositions. will require a continuance of the Trial date so as to allow for the completion of preparation for Trial. 24 Additionally, notwithstanding Mr. Mullen’s untimely passing, the within case and the WOP 25 First Amended Cross-Complaint is still not at issue because Cross-Defendant: Heidi Nelson has not 27 been served nor appeared in these proceedings. 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P.'S AND DERRELL RIDENOUR'S MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT CONFERENCE TRIAL 4 The foregoing is compounded by dilatory conduct of WOP in its ongoing failure to provide Discovery responses, including the responses to Aldar’s second set of Demand for Production off Documents (which is the subject of a Motion to Compel and for sanctions, filed concurrently wit this Motion), and WOP's violation of Court Orders regarding Discovery and previously imposed! sanctions. ‘ Also, the legal representation of WOP in the case, in which Mt. Alexander filed a Motion to Bd Relieved over a month ago, and then taken off calendar by Mr. Alexander with the representation td the Court that he would be filing a written Substitution of Attorney with the Court, to date, has no 10 been filed and has created ongoing uncertainty of WOP’s legal representation in the case OL 12 13 CONCLUSION 14 It is respectfully submitted that Aldar and Ridenour’s request for a 4-month continuance of the 15 Trial date, or such other date set by the Court,.to allow for the completion of Discovery and full (6 preparation of Trial, be granted. 7 2 ig Dated 2022 LAY OFFICES OF MURRA®{RAGISH 9 CH & LYNCH 21 22 Murray Teagish, orneys for Plaintiff? Cross-Defendant: Idar ini Sto: wy a 23 California limited TOSS~ Defendant: Derrel Ridenour 24 5 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORTOF ALDAR MINI STORAGE 'S AND DERRELL IIDE OUR'S MOTION FOR CONTINUANCE OF MANDATORY 'LEMENT CONFERENCE. FINAL CASE MANAGEMENT CQ) E ANI TRIAL 5 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 4 Yam a citizen of the United States and employed in the County of Kem, State of California and my business address is 5330 Office Center Court, Suite 72, Bakersfield, California 93309; I am over the age of eighteen and not a party to the within entitled action. On September 29, 2022, I served the following document(s) described as: (ORANDUM 0! POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P.’S AND DERREL RIDENOUR’S MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT CONFERENCE AND TRIAL, on the intcrested 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 fully 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. Attomey for Defendant/Cross-Defendant: Khachartur Ghasabvan aka Chris Ghasabyan Ronald D. Dessy, Esq. Dessy & Dessy APC 1301 “L” Street Bakersfield, California 93301 Attomey for Defendants/Cross-Defendants: THV Enterprises, THV Hayknatik, LLC and Ti G. Andrew Slater, Esq. Quall Cardot, LLP 205 East River Circle, Suite 110 Fresno, California 93720 Attorneys for Defendant/Cross-Complainant: on behalfof World of Pentecost, Inc. ak: World of Pentecost Life- and Limit r World o! Pentecost Church aka World of Pentecost Life Church Thomas M. Alexander, Jr. Esq. ThomasM. Alexander, Jr. Esq. Alexander Law Offices Thomas Alexander Law Offices 468 N. Camden Drive, Suite 200 226 East Sixth Street Beverly Hills, California 90210 Beaumont, California 92223 Co-counsel for Plaintiff/Cross-Defendant lar Mini Sto: and G dant: Derrel Ri CraigM. Lynch, Esq. Lynch & Lynch P.O. Box 13515 Bakersfield, California 93389- 3515 Page 1 of 2 XX (By Electronic Service) Complying with California Code of Civil Procedure §1010.6, caused each such document(s) to be electronically served from amy@murraytragish.com to each addressee below. The file transmission was reported as complete and a copy of the receipt will be maintained with the original document(s) in our office. Rond19S2@aol.com Ronald D. Dessy, Esq. alexanderslaw@gmail.com Thomas Alexanders, Jr., Esq. aslater@qualicardot.com G. Andrew Slater, Esq. clynch@lynchandlynchiaw.com Craig M. Lynch, Esq. I declare under penaity of perjury under the laws of the State of Califomia that the foregoing is true and correct, and that I am employed in the office of a member of the Bar of this Court at whose direction the service was made, Executed on September 29, 2022, at Bakersfield, California, ity of Kern. BGP yeu CO) Page 2 of 2 EXHIBIT 3 ELECTRONICALLY FILED 9/29/2022 2:33 PM Murray Tra: LAW OFFICE: fenso -» CSB #80759 MURRAY TRAGISH Kern County Superidr Court By Gricelda Evans, |Deputy 35330 Office Center Court, Suite 72 Bakersfield, California 93309 Fax: (661) 324-2654 -] murray@murraytragish.com Craig M. Lynch, Esq., State Bar No. 105998 LYNCH & LYNCH 10913 Craigton Court Bakersfield, California 93311 Mailing: P.O. Box 13515 Bakersfield, California 93389-3515 Tel: (661) 322-8396 E-Mail: clynch@lynchandlynchlaw.com 10 Attomeys for Plaintiff/Cross-Defendant: Aldar Mini Storage, L.P.,a W California Limited Partnership an Cross-Defendant: Derrel Ridenour 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 IN AND FOR THE COUNTY OF KERN 15 METROPOLITAN DIVISION, CIVIL DISTRICT 16 W ALDAR MINI STORAGE, L.P., a California Case No.: BCV-20-101265-BCB 18 limited parinership, DECLARATION OF MURRAY TRAGISH IN SUPPORT OF ALDAR MINI STORAGE, 9 Plaintiff, L.P.’S AND DERREL RIDENOUR’S vs. MOTION FOR CONTINUANCE OF 20 MANDATORY SETTLEMENT THYV ENTERPRISES, a California corporation; CONFERENCE, FINAL CASE 21 MANAGEMENT AND TRIAL THV HAYKNARIK, LLC, a California limited [Rule 3.1332 of the CRC] 22 liability company; WORLD OF PENTECOST, INC.,, a California non-profit religious Date of Hearing: November 14, 2022 23 Time of Hearing: 8:30 a.m. corporation, also known as WORLD OF PENTECOST-LIFE CHURCH; KHACHATUR Division: H 24 GHASABYAN, an individual, also known as 25 CHRIS GHASABYAN; TIGRAN \Assigned to the Honorable Bernard C, Barmann, ARUTYUNYAN, an individual; and DOES 1 26 through 500, inclusive lAction Filed: June 1, 2020 Defendants. Second Amended Complaint Filed Dec 21 2020 27 First Amended Cross-Complaint: May 24, 2021 (Trial Date: March 20, 2023 28 DECLARATION OF MURRAY TRAGISH IN SUPPORT OF ALDAR MINI STORAGE, L.P."S AND DERREL RIDENOUR’S MOTION FOR CONTINUANCE OF MANDATORY SETTLEMENT CONFERENCE, FINAL CASE MANAGEMENT CONFERENCE AND TRIAL 1 WORLD OF PENTECOST, INC., a Cross-Complainant, VS. ALDAR MINI STORAGE, L.P., a California limited partnership, DERRELL RIDENOUR, an individual, HEIDI NELSON, an individual, THV ENTERPRISES, a California corporation; THV HAYKNARIK, LLC, a California limited liability company; ALDAR MINI STORAGE, L.P., a California limited partnership, KHACHATUR GHASABYAN, an individual, also known as CHRIS GHASABYAN; TIGRAN 10 ARUTYUNYAN, Al! Person Unknown, Claiming any Legal