Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Date: 08/02/2021 Time: 8:30 AM - 12:00 PM
BCV-19-100935
SHINDA UPPLE VS ALFREDO PEREZ MORENO
Courtroom Staff
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court reporter: . None Bailiff: Deputy Sheriff
Interpreter: Language of:
PARTIES:
Present:
UPPLE, SHINDA Plaintiff, Not Present LAHIRI, INDRA Attorney, Present
UPPLE, SHINDA Cross Defendant, Not Present LAHIRI, INDRA Attorney, Present
Not Present:
GOMEZ MORENO, ALFREDO, Sr. Defendant Pro Per
MORENO, ALFREDO GOMEZ, Sr. Cross Pro Per
Complainant
NATURE OF PROCEEDINGS: MOTION (PRE-DISPOSITION) & MOTION TO CONTINUE TRIAL
Hearing Start Time: 8:52 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Submitted on the pleadings.
The Court makes the following findings and orders:
Plaintiff's Motion to Continue Trial and Related Dates - Granted.
Plaintiff Shinda Upple's motion for a trial continuance is short notice for purposes of a noticed motion. However,
since a trial continuance may be applied for even on an ex parte basis (see CRC 3.1332(b)), the court deems the
notice sufficient and grants a continuance of the trial date and all related dates, with all trial related deadlines
including discovery to run with the new, yet to be determined, trial date. The current trial date of 08/23/21 is
hereby vacated. The Mandatory Settlement Conference on 08/06/21 is hereby vacated.
Mandatory Settlement Conference set for 08/06/2021, vacated.
MINUTES
Page 1 of 5
SHINDA UPPLE VS ALFREDO PEREZ MORENO BCV-19-100935
Final case management conference/Court Trial set for 08/23/2021, vacated.
*********************************************************************
Plaintiff's Motion to Compel Defendant/Cross-Complainant's Attendance at Deposition continued to 08/27/2021,
at 8:30 a.m., in Department 17.
As for Plaintiff's request for an order compelling Defendant to sit for deposition, which request was contained in
the same motion, as mentioned the motion was short on notice. Furthermore, the moving papers provide no
information as to whether any objection was made to the deposition notice and provide no information about any
meet and confer efforts, both of which are required to be addressed by CCP section 2025.450. Accordingly, the
hearing on Plaintiff's request to compel Defendant's attendance at deposition is continued to 08/27/2021, at 8:30
a.m., in Department 17. Before the continued hearing date, moving counsel is directed to supplement a
declaration regarding whether there was any objection to the deposition notice and what meet and confer efforts
were made in compliance with CCP section 2025.450. Moving counsel is directed to serve Defendant with notice of
the continued hearing date, a copy of the supplemental declaration, and re-serve all moving papers, per code.
Plaintiff-s Motion for Order to Deem Request for Admissions Admitted - Denied without Prejudice.
With respect to Plaintiff's motion to deem the Requests for Admission served on Defendant admitted due to
Defendant's failure to respond, the motion is denied without prejudice to being re-filed. The underlying Requests
for Admission were served on Defendant at his address of record via mail on June 3, 2021, meaning a response was
due to be served on or before July 8, 2021 (35 days after June 3, 2021). This motion was filed and served on July 8,
2021 for hearing on 08/02/21. Not only is the motion short on notice, but the motion is premature. If Defendant
put his responses in the mail on July 8, 2021 they would be timely and would take several days to arrive, which
counsel would not know because this motion was already filed.
Since the trial date is continued with discovery to run with the new, yet to be set, trial date, counsel can re-file the
motion if a response to the Requests for Admissions is not received in due time.
Clerk's minutes will be the order of the court.
Copy of clerk's minutes mailed to all parties as stated on the attached declaration.
**********************************************************************
Jury waived. (No jury fees posted pursuant to CCP 631)
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***
***Discovery to run with new trial date***
****Counsel to follow Code of Civil Procedure 2025.550 regarding deposition transcripts****
Final case management conference/Court Trial set for 02/14/2022, at 9:00 a.m., in Department 17.
Mandatory Settlement Conference to be set by court and notice to be sent by court.
MINUTES
Page 2 of 5
SHINDA UPPLE VS ALFREDO PEREZ MORENO BCV-19-100935
Time estimate: 2 days.
Notice to issue from court.
FUTURE HEARINGS:
February 14, 2022 9:00 AM Court Trial & final case management conference
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: AUGUST 02, 2021
MINUTES
Page 3 of 5
SHINDA UPPLE VS ALFREDO PEREZ MORENO BCV-19-100935
SHINDA UPPLE VS ALFREDO PEREZ MORENO
BCV-19-100935
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 02, 2021 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 02, 2021
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 02, 2021
By: Linda Hall
Linda Hall, Deputy Clerk
Certificate of Mailing
Page 4 of 5
SHINDA UPPLE VS ALFREDO PEREZ MORENO
BCV-19-100935
MAILING LIST
ALFREDO GOMEZ MORENO SR
11100 SANTA PAULA AVENUE
LAMONT CA 93241
INDRA LAHIRI
LAW OFFICE OF INDRA LAHIRI
2001 22ND ST STE 110
BAKERSFIELD CA 93301
Certificate of Mailing
Page 5 of 5
Preview
Superior Court of California County of Kern Bakersfield Department 17 Date: 08/02/2021 Time: 8:30 AM - 12:00 PM BCV-19-100935 SHINDA UPPLE VS ALFREDO PEREZ MORENO Courtroom Staff Honorable: Thomas S. Clark Clerk: Linda K. Hall Court reporter: . None Bailiff: Deputy Sheriff Interpreter: Language of: PARTIES: Present: UPPLE, SHINDA Plaintiff, Not Present LAHIRI, INDRA Attorney, Present UPPLE, SHINDA Cross Defendant, Not Present LAHIRI, INDRA Attorney, Present Not Present: GOMEZ MORENO, ALFREDO, Sr. Defendant Pro Per MORENO, ALFREDO GOMEZ, Sr. Cross Pro Per Complainant NATURE OF PROCEEDINGS: MOTION (PRE-DISPOSITION) & MOTION TO CONTINUE TRIAL Hearing Start Time: 8:52 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. Submitted on the pleadings. The Court makes the following findings and orders: Plaintiff's Motion to Continue Trial and Related Dates - Granted. Plaintiff Shinda Upple's motion for a trial continuance is short notice for purposes of a noticed motion. However, since a trial continuance may be applied for even on an ex parte basis (see CRC 3.1332(b)), the court deems the notice sufficient and grants a continuance of the trial date and all related dates, with all trial related deadlines including discovery to run with the new, yet to be determined, trial date. The current trial date of 08/23/21 is hereby vacated. The Mandatory Settlement Conference on 08/06/21 is hereby vacated. Mandatory Settlement Conference set for 08/06/2021, vacated. MINUTES Page 1 of 5 SHINDA UPPLE VS ALFREDO PEREZ MORENO BCV-19-100935 Final case management conference/Court Trial set for 08/23/2021, vacated. ********************************************************************* Plaintiff's Motion to Compel Defendant/Cross-Complainant's Attendance at Deposition continued to 08/27/2021, at 8:30 a.m., in Department 17. As for Plaintiff's request for an order compelling Defendant to sit for deposition, which request was contained in the same motion, as mentioned the motion was short on notice. Furthermore, the moving papers provide no information as to whether any objection was made to the deposition notice and provide no information about any meet and confer efforts, both of which are required to be addressed by CCP section 2025.450. Accordingly, the hearing on Plaintiff's request to compel Defendant's attendance at deposition is continued to 08/27/2021, at 8:30 a.m., in Department 17. Before the continued hearing date, moving counsel is directed to supplement a declaration regarding whether there was any objection to the deposition notice and what meet and confer efforts were made in compliance with CCP section 2025.450. Moving counsel is directed to serve Defendant with notice of the continued hearing date, a copy of the supplemental declaration, and re-serve all moving papers, per code. Plaintiff-s Motion for Order to Deem Request for Admissions Admitted - Denied without Prejudice. With respect to Plaintiff's motion to deem the Requests for Admission served on Defendant admitted due to Defendant's failure to respond, the motion is denied without prejudice to being re-filed. The underlying Requests for Admission were served on Defendant at his address of record via mail on June 3, 2021, meaning a response was due to be served on or before July 8, 2021 (35 days after June 3, 2021). This motion was filed and served on July 8, 2021 for hearing on 08/02/21. Not only is the motion short on notice, but the motion is premature. If Defendant put his responses in the mail on July 8, 2021 they would be timely and would take several days to arrive, which counsel would not know because this motion was already filed. Since the trial date is continued with discovery to run with the new, yet to be set, trial date, counsel can re-file the motion if a response to the Requests for Admissions is not received in due time. Clerk's minutes will be the order of the court. Copy of clerk's minutes mailed to all parties as stated on the attached declaration. ********************************************************************** Jury waived. (No jury fees posted pursuant to CCP 631) 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*** ***Discovery to run with new trial date*** ****Counsel to follow Code of Civil Procedure 2025.550 regarding deposition transcripts**** Final case management conference/Court Trial set for 02/14/2022, at 9:00 a.m., in Department 17. Mandatory Settlement Conference to be set by court and notice to be sent by court. MINUTES Page 2 of 5 SHINDA UPPLE VS ALFREDO PEREZ MORENO BCV-19-100935 Time estimate: 2 days. Notice to issue from court. FUTURE HEARINGS: February 14, 2022 9:00 AM Court Trial & final case management conference Clark, Thomas S. Bakersfield Department 17 Sheriff, Deputy MINUTES FINALIZED BY: LINDA HALL ON: AUGUST 02, 2021 MINUTES Page 3 of 5 SHINDA UPPLE VS ALFREDO PEREZ MORENO BCV-19-100935 SHINDA UPPLE VS ALFREDO PEREZ MORENO BCV-19-100935 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 02, 2021 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 02, 2021 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 02, 2021 By: Linda Hall Linda Hall, Deputy Clerk Certificate of Mailing Page 4 of 5 SHINDA UPPLE VS ALFREDO PEREZ MORENO BCV-19-100935 MAILING LIST ALFREDO GOMEZ MORENO SR 11100 SANTA PAULA AVENUE LAMONT CA 93241 INDRA LAHIRI LAW OFFICE OF INDRA LAHIRI 2001 22ND ST STE 110 BAKERSFIELD CA 93301 Certificate of Mailing Page 5 of 5