Order to Show Cause: ARREZOLA ET AL VS BAKERSFIELD 100, LP., A CALIFORNIA LIMITED PARTNERSHIP

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                                1   Luke P. Ryan, Esq., SBN 167634
     Megan M. Chodzko, Esq. SBN 227898
 2   SHINNICK & RYAN LLP
     4141 Jutland Drive, Suite 210
 3   San Diego, CA 92117
     Tel: (619) 239-5900
 4   Fax: (619) 239-1833
     mchodzko@srfirms.com
 5
     Attorneys for Plaintiffs
 6

 7

 8                          SUPERIOR COURT OF THE STATE OF CALIFORNIA
 9                                            COUNTY OF KERN
10
      JOSE L. ARREZOLA and CLARIZA                               Case No.: BCV-22-101763
11    ARREZOLA, as individuals, ROYA A.
      CHAMBERS and JOHN WILLIAMS, as                             [CONSTRUCTION DEFECT]
12    individuals, SCOTT M. CONLEY AND KIRSTEN
      B. MINOR, as individuals, JOSE A. FLORES, an
13                                                               DECLARATION OF MEGAN M.
      individual, RICHARD GIBSON. JR., and                       CHODZKO, ESQ. IN SUPPORT OF
14    NATALIE P. GIBSON, as individuals, JOSE L.                 ORDER TO SHOW CAUSE RE:
      GUERRERO and BEATRIZ GUERRERO, as                          DISMISSAL
15
      individuals, SUKHVEER KAUR AND MANDEEP
16    SINGH, as individuals, THOMAS E. MILLER, an
      individual, NELSON RODEZNO, an individual,                 Complaint Filed: January 25, 2024
                                                                 Judge: Bernard C. Barmann, Jr.
17    JOHN C. SHERWOOD and MICHELLE                              Div.: H
      SHERWOOD, as individuals, WILLIAM
18
      SIMONESCHI and LAUREN SIMONESCHI, as
19    individuals, RANDHIR SINGH, an individual,                 DATE: April 30, 2024
      BENJAMIN BOYLES and RHONNDA BOYLES,                        TIME: 8:30 a.m.
20    as individuals, GURPREET SINGH and NIRMAL                  DIV: H
      KAUR, as individuals, MAHALIA SMITH, an
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      individual, JEFF BASSEY, an individual,
22    ELIZABETH MAYNARD, an individual,
      DEANDRA WESSON, an individual, JUAN M.
23    CANTU and HERLINDA CANTU, as individuals,
      DAVID SANCHEZ and IRMA SANCHEZ, as
24
      individuals, HARIM BRAVO, an individual,
25    DANIEL FLORES and ANDREA FLORES, as
      individuals, JESSE F. WHITTEN and BETSY
26    WHITTEN, as individuals, JOSE MONTES, an
      individual,
27

28                                                 Plaintiffs,

                DECLARATON OF MEGAN M. CHODZKO, ESQ. IN SUPPORT OF ORDER TO SHOW CAUSE RE: DISMISSAL
                                                         -1-
 1

 2          vs.

 3    BAKERSFIELD 100, LP., a CALIFORNIA
      LIMITED PARTNERSHIP, and DOES 1-500,
 4    inclusive,
 5

 6                                  Defendants.
 7

 8          I, MEGAN M. CHODZKO, ESQ., DO DECLARE AND STATE AS FOLLOWS:
 9

10          1.       I am an attorney at law and am duly qualified to practice before all courts of the State
11   of California. I am a partner with Shinnick & Ryan LLP, attorneys of record for PLAINTIFFS in the
12   above-entitled action. I have personal knowledge of all matters stated herein, and if called as a witness,
13   I could and would testify competently thereto, except as to those matters stated upon information and
14   belief, and as to those matters, I believe them to be true.
15          2.       Plaintiffs and BAKERSFIELD 100, L.P, et al. have settled. Plaintiffs are in the process
16   of gathering individual homeowner signatures to the applicable settlement.
17          3.       Plaintiffs’ counsel is continuing efforts to secure the signatures necessary for full
18   execution of the settlement agreement. Settlement funds are due 30 days after all signatures are
19   produced.
20          4.       Given this, Plaintiffs request the court not dismiss the Complaint.           Furthermore,
21   Plaintiffs request the court continue this OSC hearing for approximately 45 days to allow for collection
22   of settlement agreement signatures, final funding and filing of the dismissal in accordance with the
23   settlement agreement.
24          I declare under penalty of perjury under the laws of the State of California that the foregoing is
25   true and correct. Executed on this 16th day of April, 2024 at San Diego, California.
26

27                                                                        ______________________
                                                                           Megan M. Chodzko, Esq.
28


                  DECLARATON OF MEGAN M. CHODZKO, ESQ. IN SUPPORT OF ORDER TO SHOW CAUSE RE: DISMISSAL
                                                           -2-
                                                                                                           6238
                  SUPERIOR COURT OF CALIFORNIA
                     FOR THE COUNTY OF KERN                                           FOR COURT USE ONLY

TITLE OF CASE :
JOSE L. ARREZOLA, et al. v. BAKERSFIELD 100, LP., et al.

ATTORNEY(S) NAME AND ADDRESS:
 Luke P. Ryan, Esq., SBN 167634                      Phone: 619-239-5900
 Megan M. Chodzko, Esq. SBN 227898                   Fax: 619-239-1833
 SHINNICK & RYAN LLP
 4141 Jutland Drive, Suite 210
 San Diego, CA 92117

ATTORNEY(S) FOR:                           HEARING: DATE-TIME-DEPT                   CASE NUMBER:
Plaintiffs, ARREZOLA, et al.               CMC: 4/30/24 – 8:30 AM – Div. H           BCV-22-101763


                                         DECLARATION OF SERVICE

       I, the undersigned, declare: that I am, and was at the time of service of the papers herein referred to, over the
age of 18 years, and not a party to the action; and I am employed in the County of San Diego, California, within
which county the subject service occurred. My business address is 4141 Jutland Drive, Suite 210, San Diego,
California 92117. On April 16, 2024 I served the following documents:

DECLARATION OF MEGAN M. CHODZKO, ESQ. IN SUPPORT OF ORDER TO SHOW CAUSE RE:
                               DISMISSAL

of which the original document(s), or a true and correct copy, is attached, by placing a copy thereof in a separate
envelope for each addressee named hereafter, addressed to each such addressee respectively as follows:

                                                     Rupa Patel
                                              MG+M THE LAW FIRM
                                             100 Pringle Ave, Suite 750,
                                              Walnut Creek, CA 94596


[X] BY ELECTRONIC SERVICE. I caused such document(s) to be electronically served through email
transmission. The file transmission was reported as complete and a copy of the transmission page will be
maintained with the original document(s) in our office.

       I declare under penalty of perjury that the foregoing is true and correct. Executed on April 16, 2024,
at San Diego, California.

                                                                    ___________________________________
                                                                       Karina Cabral-Luna, Declarant




                                                 PROOF OF SERVICE
                                             (C.C.P. § 1013A and § 2105.5)