Preview
Superior Court of California
County of Kern
Bakersfield Department 13
Date: 07/23/2020 BCV-16-102618
GUTIERREZ VS AMERICAN, INC., A CALIFORNIA CORPORATION
Courtroom Staff
Honorable: David R. Lampe Clerk: Veronica D. Lancaster
Court reporter: Virginia Greene Bailiff: Deputy Sheriff
PARTIES: Present:
STAR INSURANCE COMPANY Intervenor-PL, Not Present FITZPATRICK, PETER V Attorney, Present
Not Present:
CINDY PEREZ AKA RAMONA ESTRADA Plaintiff WITZER, BRIAN Attorney
CORONADO, JOANNA Plaintiff WITZER, BRIAN Attorney
GARCIA, ESTELA Plaintiff WITZER, BRIAN Attorney
GARCIA, WENDI Plaintiff WITZER, BRIAN Attorney
AMERICA AIR COMPANY INC. Defendant CLINTON, DAVID A Attorney
DELK, LAREN TODD Defendant
AMERICAN AIR COMPANY INC. Intervenor-DE CLINTON, DAVID A Attorney
DELK, LAREN TODD Intervenor-DE
Laurie Book appeared via courtcall on behalf of the defendant, America Air Company, Inc.
NATURE OF PROCEEDINGS: DEFENDANTS AMERICAN, INC. AND AMERICAN AIR COMPANY, INC.'S MOTION TO
STAY ENFORCEMENT OF JUDGMENT [ERRONEOUSLY TITLED OPPOSITION TO PLAINTIFFS' MOTION TO ENFORCE
SETTLEMENT AGREEMENT; SEE 6/26/20 ERRATA]
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.
Cause submitted without argument.
The Court makes the following findings and orders:
The Court grants Defendants American Inc. and American Air Company, Inc.'s Motion to Stay Enforcement of
Judgment based on their initiation of an interpleader action on June 12, 2020 (BCV-20-101372). (Code Civ. Proc., §
918.)
Defendants will prepare an order consistent with this ruling for the court's signature and pursuant to California
Rules of Court, Rule 3.1312.
Copy of minutes mailed to all parties as stated on the attached certificate of mailing.
MINUTES FINALIZED BY: VERONICA LANCASTER ON: JULY 23, 2020
MINUTES
Page 1 of 2
GUTIERREZ VS AMERICAN, INC., A CALIFORNIA CORPORATION BCV-16-102618
GUTIERREZ VS AMERICAN, INC., A CALIFORNIA CORPORATION
BCV-16-102618
CERTIFICATE OF MAILING
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated July 23, 2020 attached hereto
on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: July 23, 2020
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: July 23, 2020
Signed: 7/23/2020 01:56 PM
By:
Veronica Lancaster, Deputy Clerk
MAILING LIST
BRIAN WITZER DAVID A CLINTON
2393 VENUS DRIVE CLINTON & CLINTON
LOS ANGELES CA 90046 100 OCEANGATE 14FL
LONG BEACH CA 90802
PETER V FITZPATRICK
BRADFORD & BARTHEL LLP
3270 INLAND EMPIRE BLVD #200
ONTARIO CA 91764
Certificate of Mailing
Page 2 of 2
Preview
Superior Court of California County of Kern Bakersfield Department 13 Date: 07/23/2020 BCV-16-102618 GUTIERREZ VS AMERICAN, INC., A CALIFORNIA CORPORATION Courtroom Staff Honorable: David R. Lampe Clerk: Veronica D. Lancaster Court reporter: Virginia Greene Bailiff: Deputy Sheriff PARTIES: Present: STAR INSURANCE COMPANY Intervenor-PL, Not Present FITZPATRICK, PETER V Attorney, Present Not Present: CINDY PEREZ AKA RAMONA ESTRADA Plaintiff WITZER, BRIAN Attorney CORONADO, JOANNA Plaintiff WITZER, BRIAN Attorney GARCIA, ESTELA Plaintiff WITZER, BRIAN Attorney GARCIA, WENDI Plaintiff WITZER, BRIAN Attorney AMERICA AIR COMPANY INC. Defendant CLINTON, DAVID A Attorney DELK, LAREN TODD Defendant AMERICAN AIR COMPANY INC. Intervenor-DE CLINTON, DAVID A Attorney DELK, LAREN TODD Intervenor-DE Laurie Book appeared via courtcall on behalf of the defendant, America Air Company, Inc. NATURE OF PROCEEDINGS: DEFENDANTS AMERICAN, INC. AND AMERICAN AIR COMPANY, INC.'S MOTION TO STAY ENFORCEMENT OF JUDGMENT [ERRONEOUSLY TITLED OPPOSITION TO PLAINTIFFS' MOTION TO ENFORCE SETTLEMENT AGREEMENT; SEE 6/26/20 ERRATA] 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. Cause submitted without argument. The Court makes the following findings and orders: The Court grants Defendants American Inc. and American Air Company, Inc.'s Motion to Stay Enforcement of Judgment based on their initiation of an interpleader action on June 12, 2020 (BCV-20-101372). (Code Civ. Proc., § 918.) Defendants will prepare an order consistent with this ruling for the court's signature and pursuant to California Rules of Court, Rule 3.1312. Copy of minutes mailed to all parties as stated on the attached certificate of mailing. MINUTES FINALIZED BY: VERONICA LANCASTER ON: JULY 23, 2020 MINUTES Page 1 of 2 GUTIERREZ VS AMERICAN, INC., A CALIFORNIA CORPORATION BCV-16-102618 GUTIERREZ VS AMERICAN, INC., A CALIFORNIA CORPORATION BCV-16-102618 CERTIFICATE OF MAILING The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated July 23, 2020 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: July 23, 2020 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: July 23, 2020 Signed: 7/23/2020 01:56 PM By: Veronica Lancaster, Deputy Clerk MAILING LIST BRIAN WITZER DAVID A CLINTON 2393 VENUS DRIVE CLINTON & CLINTON LOS ANGELES CA 90046 100 OCEANGATE 14FL LONG BEACH CA 90802 PETER V FITZPATRICK BRADFORD & BARTHEL LLP 3270 INLAND EMPIRE BLVD #200 ONTARIO CA 91764 Certificate of Mailing Page 2 of 2