On March 14, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Ennis, Betty,
and
for Trust-Probate
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Division P
DATE: May 09, 2018 Time: 8:30 AM -
5:00 PM
BPB-16-002225
IN THE MATTER 0F:
THE VELMA BARNHART REVOCABLE LIVING TRUST
COURTROOM STAFF
Honorable: Andrew Kendall Clerk: Kathy Chavez
Court Reporter: .None Bailiff: Deputy Sherifl“
Interpreter: Laniuafie of:
PARTIES:
BETTY ENNIS, Petitioner, not present GERALD OLDFIELD, Attorney, present
RICHARD STEVENS, Objector, not present JOSHUA WILSON, Attorney, not present
VELMA BARNHART, Settlor, not present
NATURE 0F PROCEEDINGS: MOTION FOR AWARD 0F COST 0F PROOF 0F SANCTIONS PURSUANT T0 CODE OF
CIVIL PROCEDURES SECTION 2033.420(A); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF
JOSHUA G. WILSON; AND EXHIBITS
Hearing Start Time: 8:37 AM
The above entitled cause came on regularly on thisdate and time with parties and/or counsel appearing as
reflected above.
Parties/Counsel stipulate to Commissioner Andrew Kendall acting as Judge ProTempore of the Superior Court.
The Court makes the following findings and Orders:
Notice was given as required by law.
A careful reading of thetwo requests at issue on the instant motion reveals that the two request were not
technically correct and thuswere not proved at trial.
On the second request asserted that because of the
it is filingof the homestead declaration no judgment lien
attaches to the real property. a
In fact, judgment lien DOES attach to the real property and this was so stated in
the ruling on the matter. However, the issue of the amount of such lien must be determined under CCP 704.950(c).
See Smith v.Merrill (1998) 64 Cal.App.4th 94, at 99.
The firstrequest seeks an admission that the homestead declaration rendered the property immune from the
judgment. Given the fact that the judgment lienDOES attach to the homestead property, leaving unresolved the
MINUTE ORDER
Page 1 of2
THE VELMA BARNHART REVOCABLE LIVING TRUST BPB-16-002225
issue of theamount of such lien,makes the property susceptible to therefore
liability, itisnot immune.
Therefore, the motion for costs under CCP 2033.420 must be denied.
had a reasonable belief that she might prevail on the
Alternatively, the court finds that the Petitioner issue.
Motion isdenied.
MINUTE ORDER ENTERED
BY: KATHY CHAVEZ 0N: 5/10/2018
MINUTE ORDER
Page 2 of2
THE VELMA BARNHART REVOCABLE LIVING TRUST BPB-16-002225
Document Filed Date
May 09, 2018
Case Filing Date
March 14, 2016
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Superior Court of California County of Kern Bakersfield Division P DATE: May 09, 2018 Time: 8:30 AM - 5:00 PM BPB-16-002225 IN THE MATTER 0F: THE VELMA BARNHART REVOCABLE LIVING TRUST COURTROOM STAFF Honorable: Andrew Kendall Clerk: Kathy Chavez Court Reporter: .None Bailiff: Deputy Sherifl“ Interpreter: Laniuafie of: PARTIES: BETTY ENNIS, Petitioner, not present GERALD OLDFIELD, Attorney, present RICHARD STEVENS, Objector, not present JOSHUA WILSON, Attorney, not present VELMA BARNHART, Settlor, not present NATURE 0F PROCEEDINGS: MOTION FOR AWARD 0F COST 0F PROOF 0F SANCTIONS PURSUANT T0 CODE OF CIVIL PROCEDURES SECTION 2033.420(A); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JOSHUA G. WILSON; AND EXHIBITS Hearing Start Time: 8:37 AM The above entitled cause came on regularly on thisdate and time with parties and/or counsel appearing as reflected above. Parties/Counsel stipulate to Commissioner Andrew Kendall acting as Judge ProTempore of the Superior Court. The Court makes the following findings and Orders: Notice was given as required by law. A careful reading of thetwo requests at issue on the instant motion reveals that the two request were not technically correct and thuswere not proved at trial. On the second request asserted that because of the it is filingof the homestead declaration no judgment lien attaches to the real property. a In fact, judgment lien DOES attach to the real property and this was so stated in the ruling on the matter. However, the issue of the amount of such lien must be determined under CCP 704.950(c). See Smith v.Merrill (1998) 64 Cal.App.4th 94, at 99. The firstrequest seeks an admission that the homestead declaration rendered the property immune from the judgment. Given the fact that the judgment lienDOES attach to the homestead property, leaving unresolved the MINUTE ORDER Page 1 of2 THE VELMA BARNHART REVOCABLE LIVING TRUST BPB-16-002225 issue of theamount of such lien,makes the property susceptible to therefore liability, itisnot immune. Therefore, the motion for costs under CCP 2033.420 must be denied. had a reasonable belief that she might prevail on the Alternatively, the court finds that the Petitioner issue. Motion isdenied. MINUTE ORDER ENTERED BY: KATHY CHAVEZ 0N: 5/10/2018 MINUTE ORDER Page 2 of2 THE VELMA BARNHART REVOCABLE LIVING TRUST BPB-16-002225