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Superior Court of California
County of Kern
Bakersfield Department 4
Date: June 30, 2016
S1500CV273392
ACUPAN VS CENTEX
Courtroom Staff
Honorable: Sidney P. Chapin Clerk: Julie Whitworth / CG
Court reporter: Kathleen Smith Bailiff: Deputy Sheriff
Interpreter: Language of:
PARTIES:
B-F GLASS INC, Cross Defendant, not present PATRICK CAMPBELL, Attorney, not present
BLUE MOUNTAIN AIR INC, A CALIFORNIA
CORPORATION, Cross Defendant, not present
CENTEX HOMES, A NEVADA GENERAL J OWENS, Attorney, not present
PARTNERSHIP, Cross Complainant, not present
L & S AIR CONDITIONING & HEATING INC, A NAPOLEON TERCERO, Attorney, not present
CALIFORNIA CORPORATION, Cross Defendant,
not present
MERV THOMPSON, SPECIAL MASTER, Non- Pro Se
Party, not present
WESTERN SHOWER, INC. DBA PENINSULA Pro Se
SHOWER DOOR COMPANY, Cross Defendant,
not present
JEFFREY R. BROWER APPEARS ON BEHALF OF CROSS COMPLAINANT CENTEX HOMES, A NEVADA GENERAL
PARTNERSHIP.
NATURE OF PROCEEDINGS: ORDER TO SHOW CAUSE IN RE: DISMISSAL, DIRECTED TO COUNSEL FOR CROSS-
COMPLAINANT, TO SHOW CAUSE WHY MATTER SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH
CRC RULE 3.110(g) AND (h) AS TO CROSS-DEFENDANT, L&S AIR CONDITIONING AND HEATING, INC., A
CALIFORNIA CORPORATION.
ORDER TO SHOW CAUSE IN RE: DISMISSAL, DIRECTED TO COUNSEL FOR CROSS-COMPLAINANT, TO SHOW CAUSE
WHY CROSS-COMPLAINT SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH CRC RULE 3.1385.
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.
Declaration of Jeffrey R. Brower in response to Order to Show Cause regarding dismissal is received, read and
considered by the Court.
MINUTE ORDER
Page 1 of 4
ACUPAN VS CENTEX S1500CV273392
Cause heard and submitted.
The Court makes the following findings and orders:
Order to Show Cause in Re: Dismissal, directed to counsel for Cross-Complainant, to show cause why matter
should not be dismissed for failure to comply with CRC Rule 3.110(h) as to Cross-Defendant L&S Air Conditioning
and Heating, Inc., a California Corporation continued to 08/15/2016 at 8:30AM in Department 4.
The Court orders dismissal, without prejudice, as to all affirmative remaining claims not previously dismissed.
Copy of minute order mailed to all parties as stated on the attached Certificate of Mailing.
CASEY GRAVES
MINUTE ORDER FINALIZED BY: ON: JUNE 30, 2016
MINUTE ORDER
Page 2 of 4
ACUPAN VS CENTEX S1500CV273392
ACUPAN VS CENTEX
S1500CV273392
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 Minute Order dated June 30, 2016 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: June 30, 2016
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.
Terry McNally
CLERK OF THE SUPERIOR COURT
Date: June 30, 2016
By:
Casey Graves, Deputy Clerk
Certificate of Mailing
Page 3 of 4
ACUPAN VS CENTEX
S1500CV273392
MAILING LIST
J NATHAN OWENS NAPOLEON G TERCERO III
NEWMEYER & DILLION LAW OFFICES OF RICHARD E BISHOP
895 DOVE ST 5FL ONE MAC ARTHUR PL #650
NEWPORT BEACH CA 92660 SANTA ANA CA 92707-
Certificate of Mailing
Page 4 of 4
Preview
Superior Court of California County of Kern Bakersfield Department 4 Date: June 30, 2016 S1500CV273392 ACUPAN VS CENTEX Courtroom Staff Honorable: Sidney P. Chapin Clerk: Julie Whitworth / CG Court reporter: Kathleen Smith Bailiff: Deputy Sheriff Interpreter: Language of: PARTIES: B-F GLASS INC, Cross Defendant, not present PATRICK CAMPBELL, Attorney, not present BLUE MOUNTAIN AIR INC, A CALIFORNIA CORPORATION, Cross Defendant, not present CENTEX HOMES, A NEVADA GENERAL J OWENS, Attorney, not present PARTNERSHIP, Cross Complainant, not present L & S AIR CONDITIONING & HEATING INC, A NAPOLEON TERCERO, Attorney, not present CALIFORNIA CORPORATION, Cross Defendant, not present MERV THOMPSON, SPECIAL MASTER, Non- Pro Se Party, not present WESTERN SHOWER, INC. DBA PENINSULA Pro Se SHOWER DOOR COMPANY, Cross Defendant, not present JEFFREY R. BROWER APPEARS ON BEHALF OF CROSS COMPLAINANT CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP. NATURE OF PROCEEDINGS: ORDER TO SHOW CAUSE IN RE: DISMISSAL, DIRECTED TO COUNSEL FOR CROSS- COMPLAINANT, TO SHOW CAUSE WHY MATTER SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH CRC RULE 3.110(g) AND (h) AS TO CROSS-DEFENDANT, L&S AIR CONDITIONING AND HEATING, INC., A CALIFORNIA CORPORATION. ORDER TO SHOW CAUSE IN RE: DISMISSAL, DIRECTED TO COUNSEL FOR CROSS-COMPLAINANT, TO SHOW CAUSE WHY CROSS-COMPLAINT SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH CRC RULE 3.1385. 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. Declaration of Jeffrey R. Brower in response to Order to Show Cause regarding dismissal is received, read and considered by the Court. MINUTE ORDER Page 1 of 4 ACUPAN VS CENTEX S1500CV273392 Cause heard and submitted. The Court makes the following findings and orders: Order to Show Cause in Re: Dismissal, directed to counsel for Cross-Complainant, to show cause why matter should not be dismissed for failure to comply with CRC Rule 3.110(h) as to Cross-Defendant L&S Air Conditioning and Heating, Inc., a California Corporation continued to 08/15/2016 at 8:30AM in Department 4. The Court orders dismissal, without prejudice, as to all affirmative remaining claims not previously dismissed. Copy of minute order mailed to all parties as stated on the attached Certificate of Mailing. CASEY GRAVES MINUTE ORDER FINALIZED BY: ON: JUNE 30, 2016 MINUTE ORDER Page 2 of 4 ACUPAN VS CENTEX S1500CV273392 ACUPAN VS CENTEX S1500CV273392 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 Minute Order dated June 30, 2016 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: June 30, 2016 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. Terry McNally CLERK OF THE SUPERIOR COURT Date: June 30, 2016 By: Casey Graves, Deputy Clerk Certificate of Mailing Page 3 of 4 ACUPAN VS CENTEX S1500CV273392 MAILING LIST J NATHAN OWENS NAPOLEON G TERCERO III NEWMEYER & DILLION LAW OFFICES OF RICHARD E BISHOP 895 DOVE ST 5FL ONE MAC ARTHUR PL #650 NEWPORT BEACH CA 92660 SANTA ANA CA 92707- Certificate of Mailing Page 4 of 4