On October 23, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
Bjorneboe, Hillary,
and
Bakersfield Police Department, A Division Of The City Of Bakersfield,
Brewer, Travis,
City Of Bakersfield, A California Charter City And Public Municipality Within Kern County,
Glenn, Steven,
for 15-CV Other Employment - Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Department 13
Date: 08/21/2020 BCV-15-101298
BJORNEBOE VS CITY OF BAKERSFIELD, A CALIFORNIA PUBLIC ENTITY ET AL
Courtroom Staff
Honorable: David R. Lampe Clerk: Veronica D. Lancaster
Court reporter: Virginia Greene Bailiff: Deputy Sheriff
PARTIES: Present:
BJORNEBOE, HILLARY Plaintiff, Not Present THOMPSON, ALLYSON K. Attorney, Present via courtcall
BAKERSFIELD POLICE DEPARTMENT, A DIVISION OF THE CITY
SZEWCZYK, JOHN R Attorney, Present via courtcall
OF BAKERSFIELD Defendant, Not Present
BREWER, TRAVIS Defendant, Not Present GODINEZ, GABRIEL A Attorney, Present
CITY OF BAKERSFIELD, A CALIFORNIA CHARTER CITY AND SZEWCZYK, JOHN R Attorney, Present via courtcall
PUBLIC MUNICIPALITY WITHIN KERN COUNTY Defendant,
Not Present
GLENN, STEVEN Defendant, Not Present SZEWCZYK, JOHN R Attorney, Present via courtcall
NATURE OF PROCEEDINGS: DEFENDANTS' MOTION TO RECOVER COSTS
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.
Matter argued by counsel and submitted.
The Court makes the following findings and orders:
The Court denies Defendants City of Bakersfield, Bakersfield Police Department, and Steven Glenn's Motion to
Recover Costs, finding Defendants have failed to meet their burden of showing that Plaintiff's action was
"frivolous, unreasonable, or groundless when brought." (Gov. Code, § 12965(b).) Further, Defendants have failed
to show Plaintiff's non-FEHA claims are wholly distinct from her FEHA claims.
The Court overrules Defendants' objections to the Declaration of Allyson K. Thompson.
Plaintiff will prepare orders 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: AUGUST 21, 2020
MINUTES
Page 1 of 2
BJORNEBOE VS CITY OF BAKERSFIELD, A CALIFORNIA PUBLIC ENTITY BCV-15-101298
ET AL
BJORNEBOE VS CITY OF BAKERSFIELD, A CALIFORNIA PUBLIC ENTITY ET AL
BCV-15-101298
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 August 21, 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: August 21, 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: August 21, 2020
By: Signed: 8/21/2020 11:55 AM
Veronica Lancaster, Deputy Clerk
MAILING LIST
ALLYSON K THOMPSON GABRIEL A GODINEZ
KRING & CHUNG LLP 1309 L STREET
38 CORPORATE PARK BAKERSFIELD CA 93301
IRVINE CA 92606
JOHN R SZEWCZYK
CLIFFORD & BROWN
1430 TRUXTUN AVE #900
BAKERSFIELD CA 933015230
Certificate of Mailing
Page 2 of 2
Preview
Superior Court of California County of Kern Bakersfield Department 13 Date: 08/21/2020 BCV-15-101298 BJORNEBOE VS CITY OF BAKERSFIELD, A CALIFORNIA PUBLIC ENTITY ET AL Courtroom Staff Honorable: David R. Lampe Clerk: Veronica D. Lancaster Court reporter: Virginia Greene Bailiff: Deputy Sheriff PARTIES: Present: BJORNEBOE, HILLARY Plaintiff, Not Present THOMPSON, ALLYSON K. Attorney, Present via courtcall BAKERSFIELD POLICE DEPARTMENT, A DIVISION OF THE CITY SZEWCZYK, JOHN R Attorney, Present via courtcall OF BAKERSFIELD Defendant, Not Present BREWER, TRAVIS Defendant, Not Present GODINEZ, GABRIEL A Attorney, Present CITY OF BAKERSFIELD, A CALIFORNIA CHARTER CITY AND SZEWCZYK, JOHN R Attorney, Present via courtcall PUBLIC MUNICIPALITY WITHIN KERN COUNTY Defendant, Not Present GLENN, STEVEN Defendant, Not Present SZEWCZYK, JOHN R Attorney, Present via courtcall NATURE OF PROCEEDINGS: DEFENDANTS' MOTION TO RECOVER COSTS 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. Matter argued by counsel and submitted. The Court makes the following findings and orders: The Court denies Defendants City of Bakersfield, Bakersfield Police Department, and Steven Glenn's Motion to Recover Costs, finding Defendants have failed to meet their burden of showing that Plaintiff's action was "frivolous, unreasonable, or groundless when brought." (Gov. Code, § 12965(b).) Further, Defendants have failed to show Plaintiff's non-FEHA claims are wholly distinct from her FEHA claims. The Court overrules Defendants' objections to the Declaration of Allyson K. Thompson. Plaintiff will prepare orders 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: AUGUST 21, 2020 MINUTES Page 1 of 2 BJORNEBOE VS CITY OF BAKERSFIELD, A CALIFORNIA PUBLIC ENTITY BCV-15-101298 ET AL BJORNEBOE VS CITY OF BAKERSFIELD, A CALIFORNIA PUBLIC ENTITY ET AL BCV-15-101298 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 August 21, 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: August 21, 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: August 21, 2020 By: Signed: 8/21/2020 11:55 AM Veronica Lancaster, Deputy Clerk MAILING LIST ALLYSON K THOMPSON GABRIEL A GODINEZ KRING & CHUNG LLP 1309 L STREET 38 CORPORATE PARK BAKERSFIELD CA 93301 IRVINE CA 92606 JOHN R SZEWCZYK CLIFFORD & BROWN 1430 TRUXTUN AVE #900 BAKERSFIELD CA 933015230 Certificate of Mailing Page 2 of 2