On February 08, 2022 a
Letter,Correspondence
was filed
involving a dispute between
Powell, Tyna,
Wasco Recreation And Park District,
and
City Of Wasco,
County Of Kern,
Wasco Recreation And Park District,
Wasco Tigersharks Swim Club,
for 23-CV Other PI/PD/WD - Civil Unlimited
in the District Court of Kern County.
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Superior Court of California
County of Kern
Bakersfield Division H
Hearing Date: 04/17/2024 Time: 8:30 AM - 12:00 PM
POWELL VS WASCO RECREATION AND PARK DISTRICT ET AL
BCV-22-100328
Honorable: Bernard C. Barmann, Jr. Clerk: Vanessa Cofield
Court Reporter: . None Bailiff: Deputy Sheriff
PARTIES:
Present:
WASCO RECREATION AND PARK DISTRICT CAMY, WILLIAM E Attorney, Present
Defendant, Not Present
WASCO RECREATION AND PARK DISTRICT Cross CAMY, WILLIAM E Attorney, Present
Complainant, Not Present
Not Present:
POWELL, TYNA Plaintiff CLARK, MATTHEW C Attorney
CITY OF WASCO Defendant
HDI GLOBAL SPECIALTY SE Cross Defendant MORADIFAR, JONATHAN Attorney
WASCO TIGER SHARKS SWIM CLUB Cross MORADIFAR, JONATHAN Attorney
Defendant
William E Camy appeared via audio/video communication on behalf of defendant/cross-complainant Wasco
Recreational and Park District
Noel Macaulay appeared via audio/video communication on behalf of all named cross-defendants
NATURE OF PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT; FILED BY CROSS-DEFENDANT HDI GLOBAL
SPECIALTY SE
NATURE OF PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT; FILED BY CROSS-DEFENDANT WASCO TIGER
SHARKS SWIM CLUB
Hearing Start Time: 8:30 AM
The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Tentative announced in open court.
Matter argued by counsel and submitted.
The Court makes the following findings and orders:
Cross-complainant's objections 1 and 3 are overruled, objection number 2 is sustained in part as to statements
"The gentleman standing at the fence thought I had stepped on a twig" and "Because you couldn't see the hole, if
MINUTES
Page 1 of 2
POWELL VS WASCO RECREATION AND PARK DISTRICT ET AL BCV-22-100328
you walk. It was a grassy area" and the remainder of objection is overruled.
Cross-defendant's objections in paragraphs 1, 3, 4, 7 are overruled. Objections in paragraphs 5, 6, 8 are sustained.
Objections in paragraphs 2, 9, 10, 11, 12, 13, and 14 are sustained in part.
Cross-defendant HDI Global Specialty SE's Motion for Summary Judgment is granted.
Cross-defendant Wasco Tiger Sharks Swim Club's Motion for Summary Judgment is granted.
Counsel for cross-defendants to prepare a formal order consistent with this ruling and pursuant to CRC 3.1312 and
CCP section 437c(g).
Further notice waived.
FUTURE HEARINGS:
April 17, 2024 8:30 AM Motion for Summary Judgment
Bakersfield Division H
Sheriff, Deputy
Cofield, Vanessa
Barmann, Bernard C., Jr.
May 06, 2024 8:30 AM Order to Show Cause in re: Dismissal
Bakersfield Division H
Sheriff, Deputy
Barmann, Bernard C., Jr.
August 12, 2024 9:30 AM Mandatory Settlement Conference
Sheriff, Deputy
Friedman - Retired, Gary T.
Bakersfield Mandatory Settlement Check-In 1415 Truxtun Ave.
September 09, 2024 9:00 AM Jury Trial
Bakersfield Division H
Sheriff, Deputy
Barmann, Bernard C., Jr.
September 09, 2024 9:00 AM Final Case Management Conference
Bakersfield Division H
Barmann, Bernard C., Jr.
MINUTES FINALIZED BY: VANESSA COFIELD ON: 4/19/2024
MINUTES
Page 2 of 2
POWELL VS WASCO RECREATION AND PARK DISTRICT ET AL BCV-22-100328
Document Filed Date
April 17, 2024
Case Filing Date
February 08, 2022
Category
23-CV Other PI/PD/WD - Civil Unlimited
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Superior Court of California County of Kern Bakersfield Division H Hearing Date: 04/17/2024 Time: 8:30 AM - 12:00 PM POWELL VS WASCO RECREATION AND PARK DISTRICT ET AL BCV-22-100328 Honorable: Bernard C. Barmann, Jr. Clerk: Vanessa Cofield Court Reporter: . None Bailiff: Deputy Sheriff PARTIES: Present: WASCO RECREATION AND PARK DISTRICT CAMY, WILLIAM E Attorney, Present Defendant, Not Present WASCO RECREATION AND PARK DISTRICT Cross CAMY, WILLIAM E Attorney, Present Complainant, Not Present Not Present: POWELL, TYNA Plaintiff CLARK, MATTHEW C Attorney CITY OF WASCO Defendant HDI GLOBAL SPECIALTY SE Cross Defendant MORADIFAR, JONATHAN Attorney WASCO TIGER SHARKS SWIM CLUB Cross MORADIFAR, JONATHAN Attorney Defendant William E Camy appeared via audio/video communication on behalf of defendant/cross-complainant Wasco Recreational and Park District Noel Macaulay appeared via audio/video communication on behalf of all named cross-defendants NATURE OF PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT; FILED BY CROSS-DEFENDANT HDI GLOBAL SPECIALTY SE NATURE OF PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT; FILED BY CROSS-DEFENDANT WASCO TIGER SHARKS SWIM CLUB Hearing Start Time: 8:30 AM The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. Tentative announced in open court. Matter argued by counsel and submitted. The Court makes the following findings and orders: Cross-complainant's objections 1 and 3 are overruled, objection number 2 is sustained in part as to statements "The gentleman standing at the fence thought I had stepped on a twig" and "Because you couldn't see the hole, if MINUTES Page 1 of 2 POWELL VS WASCO RECREATION AND PARK DISTRICT ET AL BCV-22-100328 you walk. It was a grassy area" and the remainder of objection is overruled. Cross-defendant's objections in paragraphs 1, 3, 4, 7 are overruled. Objections in paragraphs 5, 6, 8 are sustained. Objections in paragraphs 2, 9, 10, 11, 12, 13, and 14 are sustained in part. Cross-defendant HDI Global Specialty SE's Motion for Summary Judgment is granted. Cross-defendant Wasco Tiger Sharks Swim Club's Motion for Summary Judgment is granted. Counsel for cross-defendants to prepare a formal order consistent with this ruling and pursuant to CRC 3.1312 and CCP section 437c(g). Further notice waived. FUTURE HEARINGS: April 17, 2024 8:30 AM Motion for Summary Judgment Bakersfield Division H Sheriff, Deputy Cofield, Vanessa Barmann, Bernard C., Jr. May 06, 2024 8:30 AM Order to Show Cause in re: Dismissal Bakersfield Division H Sheriff, Deputy Barmann, Bernard C., Jr. August 12, 2024 9:30 AM Mandatory Settlement Conference Sheriff, Deputy Friedman - Retired, Gary T. Bakersfield Mandatory Settlement Check-In 1415 Truxtun Ave. September 09, 2024 9:00 AM Jury Trial Bakersfield Division H Sheriff, Deputy Barmann, Bernard C., Jr. September 09, 2024 9:00 AM Final Case Management Conference Bakersfield Division H Barmann, Bernard C., Jr. MINUTES FINALIZED BY: VANESSA COFIELD ON: 4/19/2024 MINUTES Page 2 of 2 POWELL VS WASCO RECREATION AND PARK DISTRICT ET AL BCV-22-100328