Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Hearing Date: 06/15/2020 Time: 8:30 AM - 12:00 PM
MARTIN VS LINN
BCV-19-102711
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court Reporter: Jacqueline Huff Bailiff: Deputy Sheriff
Interpreter: Language Of:
PARTIES:
Present:
MARTIN, LEONARD Plaintiff Pro Per
AARON, HAL Defendant SHEFFIELD, ANDREW K Attorney
CITY OF CALIFORNIA CITY Defendant, Not FORTIN, KELLY A. Attorney, Present
Present SHEFFIELD, ANDREW K Attorney, Present
HELLER, JERRY Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present
JOYCE, BOB H. Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present
LINN, ANNA Defendant, Not Present FORTIN, KELLY A. Attorney, Present
Court Call
NATURE OF PROCEEDINGS: DEMURRER FIRST AMENDED COMPLAINT
Hearing Start Time:8:45 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Matter argued and submitted.
The Court makes the following findings and orders:
Defendant Hal Aaron and Jerry Hellar Demurrer to First Amended Complaint:
Sustained to the 8th, 9th and 10th Cause of Action With Leave to Amend by 07/15/2020.
Overruled as to the 11th Cause of Action.
As for the eleventh cause of action of the FAC, Plaintiff seeks to allege negligent interference with prospective
economic relations. Moving defense counsel argues there is no such cause of action, citing to Fifield Manor v.
Finston (1960) 54 Cal.2d 632. Since the California Supreme Court recognized this cause of action in J'Aire, which
was decided in 1979[ ], i.e. after the Fifield decision of 1960, and subsequent recent case law cited by defense
counsel, i.e. Redfearn, supra, also recognizes the cause of action, it is not clear that this cause of action does not
exist as a matter of law as claimed by the moving papers.
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MARTIN VS LINN BCV-19-102711
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Defendant Anna Linn Demurrer to the First Amended Complaint - Sustained to the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th
and 11th Cause of Action With Leave to Amend by 07/15/2020.
********************************************************
Defendant City of California City Demurrer to the First Amended Complaint - Sustained to the 1st, 2nd, 3rd, 4th,
5th, 6th, 7th and 11th Cause of Action With Leave to Amend by 07/15/2020.
*********************************************************
Defendant Hal Aaron and Jerry Hellar's Motion to Strike - Grant Motion to Strike on the prayer fun punitive
damages With Leave to Amend by 07/15/2020.
Grant Motion to Strike as to emotional and mental distress With Leave to Amend by 07/15/2020. The court is not
expressing any opinion regarding the propriety of the alleged settlement negotiations. The court would also be
sustaining the defense objections to Plaintiff's opposition.
**************************************************************
Defendant Anna Linn's Motion to Strike - Motion to Strike Granted with the exception of the argument about the
settlement negotiations which the court is expressing no opinion on. The court would strike the reference to
punitive damages and the reference to emotional and mental distress With Leave to Amend by 07/15/2020.
The Court: As to City of California City the court is striking punitive damages with respect to California City Without
Leave to Amend , but the court is not prepare to make it without leave as to Linn.
*****************************************************************
Plaintiff's Motion to Compel Further Responses to Discovery - Denied.
1. Failed to comply with Rule 3.1345(c) & (d);
2. No separate statement;
3. Failed to dilineate or identify specific discovery responses for which improper responses were provided;
4. With respect to City further responses were provided.
Defendant City of California City and Anna Linn's Request for Sanctions - Granted in the reduced amount of
$675.00 each. (total sanctions $1,350.00) To be paid by 08/15/2020.
Counsel Kelly Fortin to prepare the order for signature pursuan to CRC 3.1312. In the meantime, the clerk's
minutes will be the order of the court.
*********************************************************
Plaintiff's Judicial Notice of Motion and Motion for Records - DENIED.
(See reporter's transcript for full ruling of all Motions heard this date)
Case management conference set for 06/17/2020 is reset and will now be heard on 08/14/2020, at 8:15 a.m., in
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MARTIN VS LINN BCV-19-102711
Department 17.
Clerk's minutes will be the order of the court on remaining Motions.
Copy of clerk's minutes emailed to all parties as stated on the attached declaration.
Minute order notice.
FUTURE HEARINGS:
Rescheduled: June 17, 2020 8:15 AM Case Management Conference
Reason: Court's Own Motion - Hearing (CL/CS/CV)
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
August 14, 2020 8:15 AM Case Management Conference
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: 6/15/2020
MINUTES
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MARTIN VS LINN BCV-19-102711
Preview
Superior Court of California County of Kern Bakersfield Department 17 Hearing Date: 06/15/2020 Time: 8:30 AM - 12:00 PM MARTIN VS LINN BCV-19-102711 Honorable: Thomas S. Clark Clerk: Linda K. Hall Court Reporter: Jacqueline Huff Bailiff: Deputy Sheriff Interpreter: Language Of: PARTIES: Present: MARTIN, LEONARD Plaintiff Pro Per AARON, HAL Defendant SHEFFIELD, ANDREW K Attorney CITY OF CALIFORNIA CITY Defendant, Not FORTIN, KELLY A. Attorney, Present Present SHEFFIELD, ANDREW K Attorney, Present HELLER, JERRY Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present JOYCE, BOB H. Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present LINN, ANNA Defendant, Not Present FORTIN, KELLY A. Attorney, Present Court Call NATURE OF PROCEEDINGS: DEMURRER FIRST AMENDED COMPLAINT Hearing Start Time:8:45 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. Matter argued and submitted. The Court makes the following findings and orders: Defendant Hal Aaron and Jerry Hellar Demurrer to First Amended Complaint: Sustained to the 8th, 9th and 10th Cause of Action With Leave to Amend by 07/15/2020. Overruled as to the 11th Cause of Action. As for the eleventh cause of action of the FAC, Plaintiff seeks to allege negligent interference with prospective economic relations. Moving defense counsel argues there is no such cause of action, citing to Fifield Manor v. Finston (1960) 54 Cal.2d 632. Since the California Supreme Court recognized this cause of action in J'Aire, which was decided in 1979[ ], i.e. after the Fifield decision of 1960, and subsequent recent case law cited by defense counsel, i.e. Redfearn, supra, also recognizes the cause of action, it is not clear that this cause of action does not exist as a matter of law as claimed by the moving papers. MINUTES Page 1 of 3 MARTIN VS LINN BCV-19-102711 ****************************************************** Defendant Anna Linn Demurrer to the First Amended Complaint - Sustained to the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th and 11th Cause of Action With Leave to Amend by 07/15/2020. ******************************************************** Defendant City of California City Demurrer to the First Amended Complaint - Sustained to the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th and 11th Cause of Action With Leave to Amend by 07/15/2020. ********************************************************* Defendant Hal Aaron and Jerry Hellar's Motion to Strike - Grant Motion to Strike on the prayer fun punitive damages With Leave to Amend by 07/15/2020. Grant Motion to Strike as to emotional and mental distress With Leave to Amend by 07/15/2020. The court is not expressing any opinion regarding the propriety of the alleged settlement negotiations. The court would also be sustaining the defense objections to Plaintiff's opposition. ************************************************************** Defendant Anna Linn's Motion to Strike - Motion to Strike Granted with the exception of the argument about the settlement negotiations which the court is expressing no opinion on. The court would strike the reference to punitive damages and the reference to emotional and mental distress With Leave to Amend by 07/15/2020. The Court: As to City of California City the court is striking punitive damages with respect to California City Without Leave to Amend , but the court is not prepare to make it without leave as to Linn. ***************************************************************** Plaintiff's Motion to Compel Further Responses to Discovery - Denied. 1. Failed to comply with Rule 3.1345(c) & (d); 2. No separate statement; 3. Failed to dilineate or identify specific discovery responses for which improper responses were provided; 4. With respect to City further responses were provided. Defendant City of California City and Anna Linn's Request for Sanctions - Granted in the reduced amount of $675.00 each. (total sanctions $1,350.00) To be paid by 08/15/2020. Counsel Kelly Fortin to prepare the order for signature pursuan to CRC 3.1312. In the meantime, the clerk's minutes will be the order of the court. ********************************************************* Plaintiff's Judicial Notice of Motion and Motion for Records - DENIED. (See reporter's transcript for full ruling of all Motions heard this date) Case management conference set for 06/17/2020 is reset and will now be heard on 08/14/2020, at 8:15 a.m., in MINUTES Page 2 of 3 MARTIN VS LINN BCV-19-102711 Department 17. Clerk's minutes will be the order of the court on remaining Motions. Copy of clerk's minutes emailed to all parties as stated on the attached declaration. Minute order notice. FUTURE HEARINGS: Rescheduled: June 17, 2020 8:15 AM Case Management Conference Reason: Court's Own Motion - Hearing (CL/CS/CV) Clark, Thomas S. Bakersfield Department 17 Sheriff, Deputy August 14, 2020 8:15 AM Case Management Conference Clark, Thomas S. Bakersfield Department 17 Sheriff, Deputy MINUTES FINALIZED BY: LINDA HALL ON: 6/15/2020 MINUTES Page 3 of 3 MARTIN VS LINN BCV-19-102711