On February 12, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Harold Crawford Co., Inc.,
James Welch As Personal Representative For The Estate Of Carmen J. Hadley,
and
Harold Crawford Co., Inc.,
for 06-CV Breach of Contract/Warranty-Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Hearing Date: 01/12/2021 Time: 8:30 AM - 12:00 PM
JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF CARMEN J. HADLEY VS HAROLD CRAWFORD
CO., INC.
BCV-20-100434
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court Reporter: CINDEE LEFEVRE Bailiff: Deputy Sheriff
Interpreter: Language Of:
PARTIES:
Present:
JAMES WELCH AS PERSONAL REPRESENTATIVE DANIELS, WILLIAM A Attorney, Present
FOR THE ESTATE OF CARMEN J. HADLEY Plaintiff,
Not Present
HAROLD CRAWFORD CO., INC. Defendant, Not DODGIN, DUSTIN S Attorney, Present
Present
ZOOM
NATURE OF PROCEEDINGS: MOTION FOR JUDGMENT ON PLEADINGS
Hearing Start Time:8:59 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Certified court reporter Cindee LeFevre appeared via ZOOM for Motion.
Matter argued by counsel and submitted.
The Court makes the following findings and orders:
Defendant's Motion for Judgment on the Pleadings - Granted.
Defendant's Request for Judicial Notice - Granted.
Defendant Harold Crawford Co., Inc.'s motion for judgment on the pleadings as to Plaintiff's Complaint is granted.
Defendant's Requests for Judicial Notice are granted. However, the court will grant Plaintiff leave to amend since
Plaintiff may be able to cure the pleading defect.
The general rule in California, as expressed by statute, is that "[t]he authority of a guardian, conservator ... or of a
personal representative, does not extend beyond the jurisdiction of the government under which that person was
MINUTES
Page 1 of 2
JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434
CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC.
invested with authority, except to the extent expressly authorized by statute." (Smith v. Cimmet (2011) 199 Cal.
App. 4th 1381, 1391, citing to CCP section 1913(b))
CCP sections 377.30 et seq. cited in the opposition, while allowing for a personal representative to commence suit,
does not specifically permit suit by out of state personal representatives. While the opposition argues several
Probate Code sections, the Complaint does not plead such code sections or facts to support same. Furthermore,
Plaintiff's successor in interest declaration, filed several months after the Complaint, fails to include facts to
support Plaintiff's successor in interest status as required by CCP section 377.32(a)(5).
The court expresses no opinion at this time as to whether an ancillary administration proceeding in California is
necessary and leaves this determination to Plaintiff's counsel. Plaintiff may be able to plead an exception to the
general rule stated above via CA Prob. Code sections 12570-12573, 13100 et seq. or via another statutory
provision.
Plaintiff may file and serve first amended complaint by 02/17/2021.
Counsel both stipulate to STAY ALL DISCOVERY UNTIL 03/30/2021.
Motion to Compel set for 03/02/2021 to remain on calendar but on the date of hearing counsel to at that time to
agree to continue Motion to a new date.
Counsel for Defendant to prepare order for signature pursuant to CRC 3.1312. In the meantime, the clerk's
minutes will be the order of the court.
Further notice waived.
FUTURE HEARINGS:
March 02, 2021 8:30 AM Motion to Compel Further Discovery Responses
June 25, 2021 11:00 AM Mandatory Settlement Conference
July 19, 2021 9:00 AM Jury Trial
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
July 19, 2021 9:00 AM Final Case Management Conference
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: 1/12/2021
MINUTES
Page 2 of 2
JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434
CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC.
Document Filed Date
January 12, 2021
Case Filing Date
February 12, 2020
Category
06-CV Breach of Contract/Warranty-Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 17 Hearing Date: 01/12/2021 Time: 8:30 AM - 12:00 PM JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC. BCV-20-100434 Honorable: Thomas S. Clark Clerk: Linda K. Hall Court Reporter: CINDEE LEFEVRE Bailiff: Deputy Sheriff Interpreter: Language Of: PARTIES: Present: JAMES WELCH AS PERSONAL REPRESENTATIVE DANIELS, WILLIAM A Attorney, Present FOR THE ESTATE OF CARMEN J. HADLEY Plaintiff, Not Present HAROLD CRAWFORD CO., INC. Defendant, Not DODGIN, DUSTIN S Attorney, Present Present ZOOM NATURE OF PROCEEDINGS: MOTION FOR JUDGMENT ON PLEADINGS Hearing Start Time:8:59 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. Certified court reporter Cindee LeFevre appeared via ZOOM for Motion. Matter argued by counsel and submitted. The Court makes the following findings and orders: Defendant's Motion for Judgment on the Pleadings - Granted. Defendant's Request for Judicial Notice - Granted. Defendant Harold Crawford Co., Inc.'s motion for judgment on the pleadings as to Plaintiff's Complaint is granted. Defendant's Requests for Judicial Notice are granted. However, the court will grant Plaintiff leave to amend since Plaintiff may be able to cure the pleading defect. The general rule in California, as expressed by statute, is that "[t]he authority of a guardian, conservator ... or of a personal representative, does not extend beyond the jurisdiction of the government under which that person was MINUTES Page 1 of 2 JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434 CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC. invested with authority, except to the extent expressly authorized by statute." (Smith v. Cimmet (2011) 199 Cal. App. 4th 1381, 1391, citing to CCP section 1913(b)) CCP sections 377.30 et seq. cited in the opposition, while allowing for a personal representative to commence suit, does not specifically permit suit by out of state personal representatives. While the opposition argues several Probate Code sections, the Complaint does not plead such code sections or facts to support same. Furthermore, Plaintiff's successor in interest declaration, filed several months after the Complaint, fails to include facts to support Plaintiff's successor in interest status as required by CCP section 377.32(a)(5). The court expresses no opinion at this time as to whether an ancillary administration proceeding in California is necessary and leaves this determination to Plaintiff's counsel. Plaintiff may be able to plead an exception to the general rule stated above via CA Prob. Code sections 12570-12573, 13100 et seq. or via another statutory provision. Plaintiff may file and serve first amended complaint by 02/17/2021. Counsel both stipulate to STAY ALL DISCOVERY UNTIL 03/30/2021. Motion to Compel set for 03/02/2021 to remain on calendar but on the date of hearing counsel to at that time to agree to continue Motion to a new date. Counsel for Defendant to prepare order for signature pursuant to CRC 3.1312. In the meantime, the clerk's minutes will be the order of the court. Further notice waived. FUTURE HEARINGS: March 02, 2021 8:30 AM Motion to Compel Further Discovery Responses June 25, 2021 11:00 AM Mandatory Settlement Conference July 19, 2021 9:00 AM Jury Trial Clark, Thomas S. Bakersfield Department 17 Sheriff, Deputy July 19, 2021 9:00 AM Final Case Management Conference Clark, Thomas S. Bakersfield Department 17 Sheriff, Deputy MINUTES FINALIZED BY: LINDA HALL ON: 1/12/2021 MINUTES Page 2 of 2 JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434 CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC.