On March 12, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Hair, Alan Scott,
Hair, Mary Charles,
Juicy Burger Corporation,
and
3Mb, Llc,
Bell, Robert E.,
Juicy Burger Corporation,
Treble, Llc,
for 23-CV Other PI/PD/WD - Civil Unlimited
in the District Court of Kern County.
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Superior Court of California
County of Kern
Bakersfield Department 17
Hearing Date: 04/26/2021 Time: 8:30 AM - 12:00 PM
HAIR ET AL VS CITA DEVELOPMENT, INC. ET AL
BCV-18-100592
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court Reporter: . None Bailiff: Deputy Sheriff
Interpreter: Language Of:
Court Call/ZOOM
NATURE OF PROCEEDINGS: MOTION (PRE-DISPOSITION) TO LIFT STAY
Hearing Start Time:8:53 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected.
Counsel Joseph Whittington appeared via ZOOM on behalf of Plaintiff(s).
Counsel Nicholas Walls appeared via ZOOM on behalf of Defendant(s) - Juicy Burger Corporation.
Counsel Mr. Libke appeared via court call on behalf of Defendant(s) - 3MB, LLC.
Matter argued by counsel and submitted.
The Court makes the following findings and orders:
Plaintiff's Motion to Lift Stay - Granted.
***SATAY LIFTED EFFECTIVE THIS DATE 04/26/2021***
Bankruptcy Court has ordered relief from stay to permit this lawsuit to proceed to trial. Counsel offers that on
March 3, 2021, the Honorable Rene Lastreto II, United States Bankruptcy Judge, granted Defendant 3MB, LLC's
Motion to Abstain and for Relief from Automatic Stay to Permit Lawsuit to Proceed to Trial and Conclusion (see
Exhibit A). Therefore, this case may now proceed to be tried and concluded without any limitation as to scope or
other restrictions caused by Debtor, 3MB, LLC. Plaintiffs request this Court grant their Motion to Lift Stay.
Counsel for Plaintiff to prepare order for signature pursuant to CRC 3.1312. In the meantime, the clerk's minutes
will be the order of the court.
***************************************************************************
MINUTES
Page 1 of 2
HAIR ET AL VS CITA DEVELOPMENT, INC. ET AL BCV-18-100592
The Court makes the following findings and orders:
Jury fees posted by both.
Parties are to meet and confer regarding jury instructions, submit a joint list of instructions at trial and separate list
of instructions to which there are objections by Wednesday prior to trial.
***Counsel to file pre-trial documents pursuant to LOCAL RULE 3.9***
****Counsel to follow Code of Civil Procedure 2025.550 regarding deposition transcripts****
Final case management conference/Jury Trial set for 03/28/2022, at 9:00 a.m., in Department 17.
Mandatory Settlement Conference to be set by court and notice to be sent by court.
Time estimate: 7 days.
Notice to issue from court.
FUTURE HEARINGS:
March 28, 2022 9:00 AM Final Case Management Conference
Hall, Linda K.
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
March 28, 2022 9:00 AM Jury Trial
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: 4/26/2021
MINUTES
Page 2 of 2
HAIR ET AL VS CITA DEVELOPMENT, INC. ET AL BCV-18-100592
Document Filed Date
April 26, 2021
Case Filing Date
March 12, 2018
Category
23-CV Other PI/PD/WD - Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 17 Hearing Date: 04/26/2021 Time: 8:30 AM - 12:00 PM HAIR ET AL VS CITA DEVELOPMENT, INC. ET AL BCV-18-100592 Honorable: Thomas S. Clark Clerk: Linda K. Hall Court Reporter: . None Bailiff: Deputy Sheriff Interpreter: Language Of: Court Call/ZOOM NATURE OF PROCEEDINGS: MOTION (PRE-DISPOSITION) TO LIFT STAY Hearing Start Time:8:53 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected. Counsel Joseph Whittington appeared via ZOOM on behalf of Plaintiff(s). Counsel Nicholas Walls appeared via ZOOM on behalf of Defendant(s) - Juicy Burger Corporation. Counsel Mr. Libke appeared via court call on behalf of Defendant(s) - 3MB, LLC. Matter argued by counsel and submitted. The Court makes the following findings and orders: Plaintiff's Motion to Lift Stay - Granted. ***SATAY LIFTED EFFECTIVE THIS DATE 04/26/2021*** Bankruptcy Court has ordered relief from stay to permit this lawsuit to proceed to trial. Counsel offers that on March 3, 2021, the Honorable Rene Lastreto II, United States Bankruptcy Judge, granted Defendant 3MB, LLC's Motion to Abstain and for Relief from Automatic Stay to Permit Lawsuit to Proceed to Trial and Conclusion (see Exhibit A). Therefore, this case may now proceed to be tried and concluded without any limitation as to scope or other restrictions caused by Debtor, 3MB, LLC. Plaintiffs request this Court grant their Motion to Lift Stay. Counsel for Plaintiff to prepare order for signature pursuant to CRC 3.1312. In the meantime, the clerk's minutes will be the order of the court. *************************************************************************** MINUTES Page 1 of 2 HAIR ET AL VS CITA DEVELOPMENT, INC. ET AL BCV-18-100592 The Court makes the following findings and orders: Jury fees posted by both. Parties are to meet and confer regarding jury instructions, submit a joint list of instructions at trial and separate list of instructions to which there are objections by Wednesday prior to trial. ***Counsel to file pre-trial documents pursuant to LOCAL RULE 3.9*** ****Counsel to follow Code of Civil Procedure 2025.550 regarding deposition transcripts**** Final case management conference/Jury Trial set for 03/28/2022, at 9:00 a.m., in Department 17. Mandatory Settlement Conference to be set by court and notice to be sent by court. Time estimate: 7 days. Notice to issue from court. FUTURE HEARINGS: March 28, 2022 9:00 AM Final Case Management Conference Hall, Linda K. Clark, Thomas S. Bakersfield Department 17 Sheriff, Deputy March 28, 2022 9:00 AM Jury Trial Clark, Thomas S. Bakersfield Department 17 Sheriff, Deputy MINUTES FINALIZED BY: LINDA HALL ON: 4/26/2021 MINUTES Page 2 of 2 HAIR ET AL VS CITA DEVELOPMENT, INC. ET AL BCV-18-100592