Preview
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA
COUNTY OF KERN FILED
SUPERIOR COURT OF CALIFORNIA
BAKERSFIELD COURT COUNTY OF KERN
1415 TRUXTUN AVENUE
BAKERSFIELD CA 93301 JANUARY 20, 2017
TERRY MCNALLY, CLERK
PLAINTIFF/PETITIONER: BY Vanessa Cofield DEPUTY
KENNETH PHELPS
DEFENDANT/RESPONDENT:
SAN JOAQUIN REFINING CO., INC.
CASE NUMBER:
NOTICE OF ASSIGNMENT TO JUDGE FOR ALL PURPOSES AND
NOTICE OF ORDER TO SHOW CAUSE RE CRC RULE 3.110 AND BCV-17-100134
NOTICE OF CASE MANAGEMENT CONFERENCE
By order of the presiding judge, the above entitled case is assigned to the Honorable Sidney P. Chapin for all purposes. It will
be managed on the direct calendar program in Bakersfield Department 4 until its conclusion. Peremptory challenges, if any,
must be made within the times set out in CCP §170.6. Please include the initials SPC after the case number on all future
pleadings filed in this case.
TO PLAINTIFF AND PLAINTIFF'S COUNSEL:
You are ordered to appear on May 05, 2017 in Bakersfield Department 4 at 8:30 AM in the above entitled court to give
any legal reason why sanctions shall not be imposed for failure to serve the complaint on all named defendants and file
proof(s) of service with the court within sixty (60) days after the filing of the complaint pursuant to California Rules of
Court, Rule 3.110. All appearances are mandatory, unless the court receives the required proof(s) of service five (5) court
days prior to the hearing date, and then no appearance is necessary.
TO EACH PARTY AND THEIR RESPECTIVE ATTORNEY(S) OF RECORD:
This case is set for Case Management Conference, by the Honorable Sidney P. Chapin on July 19, 2017
at 8:00 AM in Bakersfield Department 4 of the above entitled court. Case management statements are to be filed at least
fifteen (15) days prior to the conference in accordance with California Rules of Court, Rules 3.720 – 3.730. All parties
shall comply with California Rules of Court, Rules 3.720 – 3.730.
NOTICE TO PLAINTIFF’S COUNSEL
IMPORTANT: You are required to serve this Notice of Assignment and Notice of Order to Show Cause Date and
Notice of Case Management Conference Date with the Summons, Complaint [Local Rule 3.7(a)], Alternative
Dispute Resolution (ADR) Information Packet, Civil Mediation Information Brochure, and ADR Stipulation and
Order Form ( California Rules of Court, Rule 3.221).
NOTICE TO CROSS COMPLAINANT’S COUNSEL
IMPORTANT: If you are bringing a cross complaint against new parties, you are, likewise, required to serve this
Notice of Assignment pursuant to California Rules of Court, Rule 3.110 and Notice of Order to Show Cause date
and Notice of Case Management Conference date on the new cross defendants.
TERRY MCNALLY
CLERK OF THE SUPERIOR COURT
Date: January 20, 2017
By: Vanessa Cofield
Vanessa Cofield, Deputy Clerk
Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference
Page 1 of 3
The Clerk of the Superior Court’s office has received a civil complaint from you for filing. Pursuant to the Trial Court
Delay Reduction Act, your case has been assigned to the Honorable Sidney P. Chapin as monitoring judge.
Judge Sidney P. Chapin has instituted a direct calendaring system for all cases assigned to him/her as the monitoring
judge.
All law and motion, case management and trial setting conferences, ex parte matters and trials will be scheduled before
him/her in Bakersfield Department 4. This will involve all cases in which the clerk has assigned the initials SPC to the
complaint at the time of filing. Counsel is expected to make the initials of the monitoring judge a part of the case number
on all pleadings and papers.
Judge Sidney P. Chapin expects that all law and motion hearings to be heard by him/her be set within five (5) days of the
earliest date that they may be heard, given mail notice of hearing. Law and motion matters must be reserved by going
to the website address http://kerncourtlink.com for the Kern Courtlink Online Reservation System. The website is
available at any time. You may calendar motions as scheduled below. Ex-parte matters require pre-clearance.
At the time of filing the complaint, plaintiff's counsel will be given a Notice of Case Management Conference which sets a
conference approximately one hundred eighty (180) days after filing of the complaint. This notice must be served with the
summons and complaint on all defendants. Defendants must serve the notice on all cross-defendants named. The notice must
also be served on interveners and lien claimants.
Telephonic appearances for case management conferences and law and motion hearings are available through Court Call.
The toll free telephone number for Court Call is (888) 88-COURT. Proper procedures must be complied with under
California Rules of Court, Rule 3.670. Arrangements to make appearances through Court Call must be made at least five (5)
court days prior to the hearing date.
Another judge will hear settlement conferences in cases assigned to Judge Sidney P. Chapin. However, those cases that do
not settle will be set for trial before him/her.
To confirm any hearing on calendar, for general questions regarding cases assigned to Judge Sidney P. Chapin or to pre-clear
an ex-parte hearing, contact the Direct Calendaring Clerk at 661-868-5404. To check on tentative rulings from Judge
Chapin, go to the court’s website address “http/www.kern.courts.ca.gov/”, after 4:00 pm, and click on tentative rulings.
Judge Brumfield and Judge Lampe do not offer tentative rulings.
Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference
Page 2 of 3
SUPERIOR COURT OF CALIFORNIA
COUNTY OF KERN
SPECIAL RULES RELATING TO CASE MANAGEMENT CONFERENCES
At least fifteen (15) days prior to the case management conference, each party shall prepare, file and serve on each other party
a case management conference report providing the Court with the following information:
1. The “at-issue” status of the case including any new parties that may be contemplated;
2. A brief statement of the type of case and the general facts or contentions;
3. A description of the discovery done to date and that contemplated to be done;
4. Estimated time for trial and whether a jury is demanded;
5. Whether or not the case is entitled to priority in trial setting and if so, the legal authority thereof;
6. An evaluation of the case for alternative dispute resolution, including arbitration (judicial or binding), mediation or
private judge handling;
7. If a person injury action, a description of the injuries sustained by each plaintiff and the elements of claimed damage;
8. A statement of any settlement negotiations undertaken thus far;
9. The name of the attorney primary responsible for the case on behalf of the party filing the report.
More than one party may join in the filing of a single report.
The case management conference shall be attended by the attorney primarily responsible for the case on behalf of each party
or a member of his or her firm or counsel formally associated in the case. The attorney attending shall be thoroughly
familiar with the case, and be able to engage in meaningful discussions with court and counsel, and to enter into agreements
on behalf of his or her client on the following subjects:
1. The “at-issue” status of the case including the dismissal of the unnamed doe defendants or cross-defendants by
agreement of all parties;
2. Discovery conducted and remaining to be done;
3. Amenability of the case to alternative dispute resolution including, but no limited to, arbitration (judicial or binding),
mediation, and private judge handling.
4. Delineation of issues including stipulation of facts not in substantial controversy;
5. Settlement prospects;
6. Setting the matter for trial, pre-trial conferences, settlement conference or further case management conference;
7. Any other matters relevant to the processing of the case to a final resolution.
Any violation of these rules shall result in the imposition of substantial sanctions which may include monetary, issue,
termination, or other appropriate sanctions.
Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference
Page 3 of 3
Preview
FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN FILED SUPERIOR COURT OF CALIFORNIA BAKERSFIELD COURT COUNTY OF KERN 1415 TRUXTUN AVENUE BAKERSFIELD CA 93301 JANUARY 20, 2017 TERRY MCNALLY, CLERK PLAINTIFF/PETITIONER: BY Vanessa Cofield DEPUTY KENNETH PHELPS DEFENDANT/RESPONDENT: SAN JOAQUIN REFINING CO., INC. CASE NUMBER: NOTICE OF ASSIGNMENT TO JUDGE FOR ALL PURPOSES AND NOTICE OF ORDER TO SHOW CAUSE RE CRC RULE 3.110 AND BCV-17-100134 NOTICE OF CASE MANAGEMENT CONFERENCE By order of the presiding judge, the above entitled case is assigned to the Honorable Sidney P. Chapin for all purposes. It will be managed on the direct calendar program in Bakersfield Department 4 until its conclusion. Peremptory challenges, if any, must be made within the times set out in CCP §170.6. Please include the initials SPC after the case number on all future pleadings filed in this case. TO PLAINTIFF AND PLAINTIFF'S COUNSEL: You are ordered to appear on May 05, 2017 in Bakersfield Department 4 at 8:30 AM in the above entitled court to give any legal reason why sanctions shall not be imposed for failure to serve the complaint on all named defendants and file proof(s) of service with the court within sixty (60) days after the filing of the complaint pursuant to California Rules of Court, Rule 3.110. All appearances are mandatory, unless the court receives the required proof(s) of service five (5) court days prior to the hearing date, and then no appearance is necessary. TO EACH PARTY AND THEIR RESPECTIVE ATTORNEY(S) OF RECORD: This case is set for Case Management Conference, by the Honorable Sidney P. Chapin on July 19, 2017 at 8:00 AM in Bakersfield Department 4 of the above entitled court. Case management statements are to be filed at least fifteen (15) days prior to the conference in accordance with California Rules of Court, Rules 3.720 – 3.730. All parties shall comply with California Rules of Court, Rules 3.720 – 3.730. NOTICE TO PLAINTIFF’S COUNSEL IMPORTANT: You are required to serve this Notice of Assignment and Notice of Order to Show Cause Date and Notice of Case Management Conference Date with the Summons, Complaint [Local Rule 3.7(a)], Alternative Dispute Resolution (ADR) Information Packet, Civil Mediation Information Brochure, and ADR Stipulation and Order Form ( California Rules of Court, Rule 3.221). NOTICE TO CROSS COMPLAINANT’S COUNSEL IMPORTANT: If you are bringing a cross complaint against new parties, you are, likewise, required to serve this Notice of Assignment pursuant to California Rules of Court, Rule 3.110 and Notice of Order to Show Cause date and Notice of Case Management Conference date on the new cross defendants. TERRY MCNALLY CLERK OF THE SUPERIOR COURT Date: January 20, 2017 By: Vanessa Cofield Vanessa Cofield, Deputy Clerk Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference Page 1 of 3 The Clerk of the Superior Court’s office has received a civil complaint from you for filing. Pursuant to the Trial Court Delay Reduction Act, your case has been assigned to the Honorable Sidney P. Chapin as monitoring judge. Judge Sidney P. Chapin has instituted a direct calendaring system for all cases assigned to him/her as the monitoring judge. All law and motion, case management and trial setting conferences, ex parte matters and trials will be scheduled before him/her in Bakersfield Department 4. This will involve all cases in which the clerk has assigned the initials SPC to the complaint at the time of filing. Counsel is expected to make the initials of the monitoring judge a part of the case number on all pleadings and papers. Judge Sidney P. Chapin expects that all law and motion hearings to be heard by him/her be set within five (5) days of the earliest date that they may be heard, given mail notice of hearing. Law and motion matters must be reserved by going to the website address http://kerncourtlink.com for the Kern Courtlink Online Reservation System. The website is available at any time. You may calendar motions as scheduled below. Ex-parte matters require pre-clearance. At the time of filing the complaint, plaintiff's counsel will be given a Notice of Case Management Conference which sets a conference approximately one hundred eighty (180) days after filing of the complaint. This notice must be served with the summons and complaint on all defendants. Defendants must serve the notice on all cross-defendants named. The notice must also be served on interveners and lien claimants. Telephonic appearances for case management conferences and law and motion hearings are available through Court Call. The toll free telephone number for Court Call is (888) 88-COURT. Proper procedures must be complied with under California Rules of Court, Rule 3.670. Arrangements to make appearances through Court Call must be made at least five (5) court days prior to the hearing date. Another judge will hear settlement conferences in cases assigned to Judge Sidney P. Chapin. However, those cases that do not settle will be set for trial before him/her. To confirm any hearing on calendar, for general questions regarding cases assigned to Judge Sidney P. Chapin or to pre-clear an ex-parte hearing, contact the Direct Calendaring Clerk at 661-868-5404. To check on tentative rulings from Judge Chapin, go to the court’s website address “http/www.kern.courts.ca.gov/”, after 4:00 pm, and click on tentative rulings. Judge Brumfield and Judge Lampe do not offer tentative rulings. Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference Page 2 of 3 SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN SPECIAL RULES RELATING TO CASE MANAGEMENT CONFERENCES At least fifteen (15) days prior to the case management conference, each party shall prepare, file and serve on each other party a case management conference report providing the Court with the following information: 1. The “at-issue” status of the case including any new parties that may be contemplated; 2. A brief statement of the type of case and the general facts or contentions; 3. A description of the discovery done to date and that contemplated to be done; 4. Estimated time for trial and whether a jury is demanded; 5. Whether or not the case is entitled to priority in trial setting and if so, the legal authority thereof; 6. An evaluation of the case for alternative dispute resolution, including arbitration (judicial or binding), mediation or private judge handling; 7. If a person injury action, a description of the injuries sustained by each plaintiff and the elements of claimed damage; 8. A statement of any settlement negotiations undertaken thus far; 9. The name of the attorney primary responsible for the case on behalf of the party filing the report. More than one party may join in the filing of a single report. The case management conference shall be attended by the attorney primarily responsible for the case on behalf of each party or a member of his or her firm or counsel formally associated in the case. The attorney attending shall be thoroughly familiar with the case, and be able to engage in meaningful discussions with court and counsel, and to enter into agreements on behalf of his or her client on the following subjects: 1. The “at-issue” status of the case including the dismissal of the unnamed doe defendants or cross-defendants by agreement of all parties; 2. Discovery conducted and remaining to be done; 3. Amenability of the case to alternative dispute resolution including, but no limited to, arbitration (judicial or binding), mediation, and private judge handling. 4. Delineation of issues including stipulation of facts not in substantial controversy; 5. Settlement prospects; 6. Setting the matter for trial, pre-trial conferences, settlement conference or further case management conference; 7. Any other matters relevant to the processing of the case to a final resolution. Any violation of these rules shall result in the imposition of substantial sanctions which may include monetary, issue, termination, or other appropriate sanctions. Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference Page 3 of 3