Preview
GROVER H. WALDON, ESQ. — SBN 111206
JACOB A. THOMASY, ESQ. — SBN 347262
CLIFFORD & BROWN,
A Professional Corporation
Attorneys at Law
Bank of America Building
1430 Truxtun Avenue, Suite 900
Bakersfield, CA 93301-5230
Tel: (661) 322-6023 Fax: (661) 322-3508
Email: gwaldon@clifford-brownlaw.com
ithomasy@clifford-brownlaw.com
Attorneys for Defendant
FASTRIP FOOD STORES, INC.
SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF KERN
METROPOLITAN DIVISION — UNLIMITED CASE
10
ll KIMI ALVARADO, CASE NO.: BCV-22-102477 DRZ
Complaint filed: 09/22/2022
12 Plaintiff, Trial Date: 04/22/2024
13
vs
14 JOINT STIPULATION OF THE PARTIES
TO EXTEND THE DEADLINE IN WHICH
15 FASTRIP FOOD STORES, INC.; and TO HOLD THE DEPOSITIONS OF
DOES 1 through 50, inclusive, DEFENDANT FASTRIP FOOD STORES,
16 INC.’S PERSONS MOST
Defendants. KNOWLEDGEABLE
17
18 Assigned to Judge David R. Zulfa
Division: J
19
20
21
22 The Parties hereto, by and through their attorneys of record, hereby stipulate and agree as
23 follows:
24 WHEREAS:
25 A On or about August 21, 2023, Plaintiff KIMI ALVARADO filed her Motion to Compel
26 Production of Documents at the Deposition of Fastrip Food Stores, Inc.’s PMQ (the
27 “Motion’”);
28 B On or about October 16, 2023, the hearing on the Motion came on regularly in Division J
1
JOINT STIPULATION OF THE PARTIES TO EXTEND THE DEADLINE IN WHICH TO HOLD THE DEPOSITIONS OF DEFENDANT
FASTRIP FOOD STORES, INC.’S PERSONS MOST KNOWLEDGEABLE
of the above-captioned Court;
The Court granted the Motion, that:
1 Defendant FASTRIP FOOD STORES, INC. (“Defendant”) produce its previously
designated Person Most Knowledgeable/Qualified — Julia Ortiz — for further deposition
as to the video surveillance footage she observed;
Defendant produce the video footage requested in the Requests for Production at issue
in Plaintiff's Motion;
If the video footage requested in the Requests for Production at issue in Plaintiff's
Motion no longer exists, Defendant must provide supplemental code compliant
10 responses to the Requests for Production at issue in Plaintiff's Motion and produce for
11 deposition Defendant’s Person Most Knowledgeable/Qualified regarding Defendant’s
12 video surveillance footage and Defendant’s storage/saving practices related thereto;
13 and
14 The deposition(s) of Defendant’s Person(s) Most Knowledgeable/Qualified must take
15 place within 30 days of the October 16, 2023 hearing date, or no later than November
16 15, 2023;
17 Counsel for Plaintiff is unavailable from November 2, 2023 through November 13, 2023;
18 Defendant and its Person(s) Most Knowledgeable/Qualified are only available for
19 deposition on November 3, 2023; and
20 F The Parties have agreed to extend the deadline in which both depositions must occur to a
21 date beyond the November 15, 2023 deadline ordered by the Court, on a date which the
22 Parties have mutually agreed, and that good cause exists for the Court to enter an Order
23 allowing for same.
24 1
25 //1
26 M11
27 ///
28 //f
2
JOINT STIPULATION OF THE PARTIES TO EXTEND THE DEADLINE IN WHICH TO HOLD THE DEPOSITIONS OF DEFENDANT
FASTRIP FOOD STORES, INC.’S PERSONS MOST KNOWLEDGEABLE
THEREFORE, it is hereby stipulated and agreed by and between Plaintiff and Defendant, by and
through their respective counsel of record, that good cause exists to enter an Order allowing for the
depositions of Defendant’s Persons Most Knowledgeable/Qualified to take place on a date beyond the
November 15, 2023 deadline previously ordered by the Court, and on a date which the Parties have
mutually agreed.
DATED: October 27 , 2023 CLIFFORD & BROWN
& LeghROVER
+}
fin
eS
DON, ESQ
ACOB A. 1 OMASY, ESQ.
‘Attorneys for Defendant,
10 FASTRIP FOOD STORES, INC.
11
2C
DATED: October 27 ,2023 B|B LAW GROUP LLP
12
13
14 APRIL RAMIREZ, ESQ
Attorneys for Plaintiff,
15 KIMI ALVARADO
16
17
18
19
20
21
22
23
24
25
26
27
28
3
JOINT STIPULATION OF THE PARTIES TO EXTEND THE DEADLINE IN WHICH TO HOLD THE DEPOSITIONS OF DEFENDANT
FASTRIP FOOD STORES, INC.’S PERSONS MOST KNOWLEDGEABLE
ORDER
The Court, having considered the Joint Stipulation of the Parties to Extend the Deadline in Which
to Hold the Depositions of Defendant Fastrip Food Stores, Inc.’s Persons Most Knowledgeable, and
good cause appearing, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the
depositions of Defendant’s Persons Most Knowledgeable/Qualified may take place on a date beyond
the November 15, 2023 deadline previously ordered by this Court and on date which the Parties have
mutually agreed.
Dated: By:
DAVID R. ZULFA
JUDGE OF THE SUPERIOR COURT
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
JOINT STIPULATION OF THE PARTIES TO EXTEND THE DEADLINE IN WHICH TO HOLD THE DEPOSITIONS OF DEFENDANT
FASTRIP FOOD STORES, INC.’S PERSONS MOST KNOWLEDGEABLE
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF KERN
I, EILEEN M. ALESSO, am employed by CLIFFORD & BROWN in the County of Kern,
State of California, I am over the age of 18 years and not a party to the within action; my business
address is 1430 Truxtun Avenue, Suite 900, Bakersfield, California, 93301-5230.
On October 27, 2023, I served the following document(s):
JOINT STIPLUATION OF THE PARTIES TO EXTEND THE DEADLINE IN WHICH
TO HOLD THE DEPOSITIONS OF DEFENDANT FASTRIP FOOD STORES, INC.’S
PERSONS MOST KNOWLEDGEABLE
on the interested parties in this action by placing a true and correct copy thereof enclosed in a sealed
envelope addressed as follows:
See Service List Attached
BY MAIL - | am "readily familiar" with this firm's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal
Service on that same day with postage thereon fully prepaid at Bakersfield, California in the
ordinary course of business. The sealed envelopes referenced below were placed for
collection and mailing on the above date following ordinary business practice.
BY PERSONAL SERVICE - I personally delivered the document(s) listed above to the
party or person authorized to receive service of process for the party to the office(s) of the
addressee(s).
BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or an
agreement of the parties to accept service by e-mail or electronic transmission, I caused the
documents to be sent to the persons at the e-mail addresses listed below. I did not receive,
within a reasonable time after the transmission, any electronic message or other indication
that the transmission was unsuccessful.
BY OVERNIGHT DELIVERY - I caused each such envelope to be delivered by Federal
Express Overnight mail service to the addressee(s) noted below pursuant to this office's
business arrangement and with the appropriate account being posted to.
BY FACSIMILE SERVICE - I caused a true copy thereof to be transmitted on the date
show below from telecopier (661) 322-3508 to the facsimile number published for the addressee(s).
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed on October 27, 2023, at Bakersfield, CA.
Gx OR 25a
EILEEN M. ALESSO
5730-75
Service List
APRIL RAMIREZ, ESQ. Attorneys for Plaintiff, KIMI ALVARADO
BB Law Group, LLP
6100 Center Drive, Suite 1100
Los Angeles, CA 90045
Telephone: (323) 925-7800
Facsimile: (323) 925-7801
Email: ARamirez@BBLawGroupLLP
JJan; bblawgroupllp.com
Preview
GROVER H. WALDON, ESQ. — SBN 111206 JACOB A. THOMASY, ESQ. — SBN 347262 CLIFFORD & BROWN, A Professional Corporation Attorneys at Law Bank of America Building 1430 Truxtun Avenue, Suite 900 Bakersfield, CA 93301-5230 Tel: (661) 322-6023 Fax: (661) 322-3508 Email: gwaldon@clifford-brownlaw.com ithomasy@clifford-brownlaw.com Attorneys for Defendant FASTRIP FOOD STORES, INC. SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF KERN METROPOLITAN DIVISION — UNLIMITED CASE 10 ll KIMI ALVARADO, CASE NO.: BCV-22-102477 DRZ Complaint filed: 09/22/2022 12 Plaintiff, Trial Date: 04/22/2024 13 vs 14 JOINT STIPULATION OF THE PARTIES TO EXTEND THE DEADLINE IN WHICH 15 FASTRIP FOOD STORES, INC.; and TO HOLD THE DEPOSITIONS OF DOES 1 through 50, inclusive, DEFENDANT FASTRIP FOOD STORES, 16 INC.’S PERSONS MOST Defendants. KNOWLEDGEABLE 17 18 Assigned to Judge David R. Zulfa Division: J 19 20 21 22 The Parties hereto, by and through their attorneys of record, hereby stipulate and agree as 23 follows: 24 WHEREAS: 25 A On or about August 21, 2023, Plaintiff KIMI ALVARADO filed her Motion to Compel 26 Production of Documents at the Deposition of Fastrip Food Stores, Inc.’s PMQ (the 27 “Motion’”); 28 B On or about October 16, 2023, the hearing on the Motion came on regularly in Division J 1 JOINT STIPULATION OF THE PARTIES TO EXTEND THE DEADLINE IN WHICH TO HOLD THE DEPOSITIONS OF DEFENDANT FASTRIP FOOD STORES, INC.’S PERSONS MOST KNOWLEDGEABLE of the above-captioned Court; The Court granted the Motion, that: 1 Defendant FASTRIP FOOD STORES, INC. (“Defendant”) produce its previously designated Person Most Knowledgeable/Qualified — Julia Ortiz — for further deposition as to the video surveillance footage she observed; Defendant produce the video footage requested in the Requests for Production at issue in Plaintiff's Motion; If the video footage requested in the Requests for Production at issue in Plaintiff's Motion no longer exists, Defendant must provide supplemental code compliant 10 responses to the Requests for Production at issue in Plaintiff's Motion and produce for 11 deposition Defendant’s Person Most Knowledgeable/Qualified regarding Defendant’s 12 video surveillance footage and Defendant’s storage/saving practices related thereto; 13 and 14 The deposition(s) of Defendant’s Person(s) Most Knowledgeable/Qualified must take 15 place within 30 days of the October 16, 2023 hearing date, or no later than November 16 15, 2023; 17 Counsel for Plaintiff is unavailable from November 2, 2023 through November 13, 2023; 18 Defendant and its Person(s) Most Knowledgeable/Qualified are only available for 19 deposition on November 3, 2023; and 20 F The Parties have agreed to extend the deadline in which both depositions must occur to a 21 date beyond the November 15, 2023 deadline ordered by the Court, on a date which the 22 Parties have mutually agreed, and that good cause exists for the Court to enter an Order 23 allowing for same. 24 1 25 //1 26 M11 27 /// 28 //f 2 JOINT STIPULATION OF THE PARTIES TO EXTEND THE DEADLINE IN WHICH TO HOLD THE DEPOSITIONS OF DEFENDANT FASTRIP FOOD STORES, INC.’S PERSONS MOST KNOWLEDGEABLE THEREFORE, it is hereby stipulated and agreed by and between Plaintiff and Defendant, by and through their respective counsel of record, that good cause exists to enter an Order allowing for the depositions of Defendant’s Persons Most Knowledgeable/Qualified to take place on a date beyond the November 15, 2023 deadline previously ordered by the Court, and on a date which the Parties have mutually agreed. DATED: October 27 , 2023 CLIFFORD & BROWN & LeghROVER +} fin eS DON, ESQ ACOB A. 1 OMASY, ESQ. ‘Attorneys for Defendant, 10 FASTRIP FOOD STORES, INC. 11 2C DATED: October 27 ,2023 B|B LAW GROUP LLP 12 13 14 APRIL RAMIREZ, ESQ Attorneys for Plaintiff, 15 KIMI ALVARADO 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JOINT STIPULATION OF THE PARTIES TO EXTEND THE DEADLINE IN WHICH TO HOLD THE DEPOSITIONS OF DEFENDANT FASTRIP FOOD STORES, INC.’S PERSONS MOST KNOWLEDGEABLE ORDER The Court, having considered the Joint Stipulation of the Parties to Extend the Deadline in Which to Hold the Depositions of Defendant Fastrip Food Stores, Inc.’s Persons Most Knowledgeable, and good cause appearing, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the depositions of Defendant’s Persons Most Knowledgeable/Qualified may take place on a date beyond the November 15, 2023 deadline previously ordered by this Court and on date which the Parties have mutually agreed. Dated: By: DAVID R. ZULFA JUDGE OF THE SUPERIOR COURT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATION OF THE PARTIES TO EXTEND THE DEADLINE IN WHICH TO HOLD THE DEPOSITIONS OF DEFENDANT FASTRIP FOOD STORES, INC.’S PERSONS MOST KNOWLEDGEABLE PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF KERN I, EILEEN M. ALESSO, am employed by CLIFFORD & BROWN in the County of Kern, State of California, I am over the age of 18 years and not a party to the within action; my business address is 1430 Truxtun Avenue, Suite 900, Bakersfield, California, 93301-5230. On October 27, 2023, I served the following document(s): JOINT STIPLUATION OF THE PARTIES TO EXTEND THE DEADLINE IN WHICH TO HOLD THE DEPOSITIONS OF DEFENDANT FASTRIP FOOD STORES, INC.’S PERSONS MOST KNOWLEDGEABLE on the interested parties in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as follows: See Service List Attached BY MAIL - | am "readily familiar" with this firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Bakersfield, California in the ordinary course of business. The sealed envelopes referenced below were placed for collection and mailing on the above date following ordinary business practice. BY PERSONAL SERVICE - I personally delivered the document(s) listed above to the party or person authorized to receive service of process for the party to the office(s) of the addressee(s). BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. BY OVERNIGHT DELIVERY - I caused each such envelope to be delivered by Federal Express Overnight mail service to the addressee(s) noted below pursuant to this office's business arrangement and with the appropriate account being posted to. BY FACSIMILE SERVICE - I caused a true copy thereof to be transmitted on the date show below from telecopier (661) 322-3508 to the facsimile number published for the addressee(s). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 27, 2023, at Bakersfield, CA. Gx OR 25a EILEEN M. ALESSO 5730-75 Service List APRIL RAMIREZ, ESQ. Attorneys for Plaintiff, KIMI ALVARADO BB Law Group, LLP 6100 Center Drive, Suite 1100 Los Angeles, CA 90045 Telephone: (323) 925-7800 Facsimile: (323) 925-7801 Email: ARamirez@BBLawGroupLLP JJan; bblawgroupllp.com