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1 MATTHEW C. CLARK, SBN 218784
DOUG FITZ-SIMMONS, SBN 128338
2 CHAIN | COHN | CLARK, A Law Corporation
1731 Chester Avenue
3 Bakersfield, CA 93301
4 E-Mail: mclark@chainlaw.com
E-Mail: dfitzsimmons@chainlaw.com
5 E-Mail: service@chainlaw.com
Telephone: (661) 323-4000
6 Facsimile: (661) 324-1352
7
Attorneys for Plaintiff
8
9
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
10 METROPOLITAN DIVISION - UNLIMITED CIVIL
11
12 HERMELINDA HERRERA BANUELOS, CASE NO. BCV-22-101912-BCB
13 Plaintiff, CERTIFICATE OF PROGRESS
14 RECLASSIFYING ACTION TO
v. UNDERINSURED MOTORIST AND
15 SHANEN DAVE JIMENEZ; and DOES 1 VACATING MANDATORY
SETTLEMENT CONFERENCE, FINAL
16 to 50, inclusive, STATUS CONFERENCE AND TRIAL
Defendants. DATE
17
18 A Mandatory Settlement Conference is set for April 12, 2024, at 11:00 a.m. in Department
19 17; Final Case Management is set for May 10, 2024, at 1:30 p.m. and Trial is set for May 13,
20 2024.
21 On April 24, 2023, Plaintiff settled her claim against Defendant Shanen Dave Jimenez. On
22 November 7, 2023, Defendant Shanen Dave Jimenez, only, was dismissed from this action.
23 Plaintiff’s counsel has been trying to confirm if Plaintiff was covered through an underinsured
24 motorist policy through her employer, Trans-West Security Services, Inc. A subpoena was issued
25 to Trans-West Security Services, Inc., on November 2, 2023, for policy information. Plaintiff’s
26 counsel has been in contact with the attorney representing Trans-West Security Services, Inc., in
27 an attempt to obtain the requested policy information and avoid the filing of a motion as there was
28 -1-
CHAIN | COHN | CLARK
1731 CHESTER AVENUE
CERTIFICATE OF PROGRESS RECLASSIFYING ACTION TO UNDERINSURED MOTORIST AND
BAKERSFIELD, CA 93301 VACATING MANDATORY SETTLEMENT CONFERENCE, FINAL STATUS CONFERENCE AND TRIAL
(661) 323-4000
DATE
1 not a response to the subpoena. To date, policy information covering the date of loss has not been
2 received. A motion to compel will be filed shortly.
3 Therefore, Plaintiff respectfully requests that the Court vacate the Mandatory Settlement
4 Conference scheduled for April 12, 2024; Final Case Management scheduled for May 10, 2024,
5 and Trial date scheduled for May 13, 2024 and allow Plaintiff to file a Certificate of Progress
6 every 120 days regarding the status of a potential underinsured motorist arbitration.
7 DATED: March 22, 2024 CHAIN | COHN | CLARK
8
9 By: _________________________
DOUG FITZ-SIMMONS
10 Attorney for Plaintiff
11
12 ORDER
13 Good cause appearing therefore, it is ordered that the Mandatory Settlement Conference
14 scheduled for April 12, 2024; Final Case Management scheduled for May 10, 2024, and Trial date
15 scheduled for May 13, 2024 are hereby vacated. Plaintiff is to file a further Certificate of Progress
16 on or before July 19, 2024.
17 DATED: SUPERIOR COURT OF CALIFORNIA
COUNTY OF KERN
18
19
20 By: ____________________________
Bernard C. Barmann, Jr., Judge
21
22
23
24
25
26
27
28 -2-
CHAIN | COHN | CLARK
1731 CHESTER AVENUE
CERTIFICATE OF PROGRESS RECLASSIFYING ACTION TO UNDERINSURED MOTORIST AND
BAKERSFIELD, CA 93301 VACATING MANDATORY SETTLEMENT CONFERENCE, FINAL STATUS CONFERENCE AND TRIAL
(661) 323-4000
DATE
Preview
1 MATTHEW C. CLARK, SBN 218784 DOUG FITZ-SIMMONS, SBN 128338 2 CHAIN | COHN | CLARK, A Law Corporation 1731 Chester Avenue 3 Bakersfield, CA 93301 4 E-Mail: mclark@chainlaw.com E-Mail: dfitzsimmons@chainlaw.com 5 E-Mail: service@chainlaw.com Telephone: (661) 323-4000 6 Facsimile: (661) 324-1352 7 Attorneys for Plaintiff 8 9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN 10 METROPOLITAN DIVISION - UNLIMITED CIVIL 11 12 HERMELINDA HERRERA BANUELOS, CASE NO. BCV-22-101912-BCB 13 Plaintiff, CERTIFICATE OF PROGRESS 14 RECLASSIFYING ACTION TO v. UNDERINSURED MOTORIST AND 15 SHANEN DAVE JIMENEZ; and DOES 1 VACATING MANDATORY SETTLEMENT CONFERENCE, FINAL 16 to 50, inclusive, STATUS CONFERENCE AND TRIAL Defendants. DATE 17 18 A Mandatory Settlement Conference is set for April 12, 2024, at 11:00 a.m. in Department 19 17; Final Case Management is set for May 10, 2024, at 1:30 p.m. and Trial is set for May 13, 20 2024. 21 On April 24, 2023, Plaintiff settled her claim against Defendant Shanen Dave Jimenez. On 22 November 7, 2023, Defendant Shanen Dave Jimenez, only, was dismissed from this action. 23 Plaintiff’s counsel has been trying to confirm if Plaintiff was covered through an underinsured 24 motorist policy through her employer, Trans-West Security Services, Inc. A subpoena was issued 25 to Trans-West Security Services, Inc., on November 2, 2023, for policy information. Plaintiff’s 26 counsel has been in contact with the attorney representing Trans-West Security Services, Inc., in 27 an attempt to obtain the requested policy information and avoid the filing of a motion as there was 28 -1- CHAIN | COHN | CLARK 1731 CHESTER AVENUE CERTIFICATE OF PROGRESS RECLASSIFYING ACTION TO UNDERINSURED MOTORIST AND BAKERSFIELD, CA 93301 VACATING MANDATORY SETTLEMENT CONFERENCE, FINAL STATUS CONFERENCE AND TRIAL (661) 323-4000 DATE 1 not a response to the subpoena. To date, policy information covering the date of loss has not been 2 received. A motion to compel will be filed shortly. 3 Therefore, Plaintiff respectfully requests that the Court vacate the Mandatory Settlement 4 Conference scheduled for April 12, 2024; Final Case Management scheduled for May 10, 2024, 5 and Trial date scheduled for May 13, 2024 and allow Plaintiff to file a Certificate of Progress 6 every 120 days regarding the status of a potential underinsured motorist arbitration. 7 DATED: March 22, 2024 CHAIN | COHN | CLARK 8 9 By: _________________________ DOUG FITZ-SIMMONS 10 Attorney for Plaintiff 11 12 ORDER 13 Good cause appearing therefore, it is ordered that the Mandatory Settlement Conference 14 scheduled for April 12, 2024; Final Case Management scheduled for May 10, 2024, and Trial date 15 scheduled for May 13, 2024 are hereby vacated. Plaintiff is to file a further Certificate of Progress 16 on or before July 19, 2024. 17 DATED: SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN 18 19 20 By: ____________________________ Bernard C. Barmann, Jr., Judge 21 22 23 24 25 26 27 28 -2- CHAIN | COHN | CLARK 1731 CHESTER AVENUE CERTIFICATE OF PROGRESS RECLASSIFYING ACTION TO UNDERINSURED MOTORIST AND BAKERSFIELD, CA 93301 VACATING MANDATORY SETTLEMENT CONFERENCE, FINAL STATUS CONFERENCE AND TRIAL (661) 323-4000 DATE