On October 05, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Big Washington, Llc, A California Limited Liability Company,
and
Benhong,
Ruth M. Fry As Trustee Of The T & R Fry Family Trust,
Thomas H. Fry As Trustee Of The T&R Fry Family Trust,
for 26-CV Other Real Property-Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Department 10
Date: 08/14/2018 Time: 8:30 AM -12:00 PM
BCV-17-102341
BIG WASHINGTON, LLC VS FRY ET AL
Courtroom Stafi
Honorable: Stephen D. Schuett Clerk: Linda M. Krolnik
Court reporter: Tara Cunha Bailiff: Deputy Sheriff
InterBreter: Language of:
PARTIES:
BENHONG (AMERICA) RECYCLING CO. LTD, A
CALIFORNIA LIMITED LIABILITY COMPANY,
Defendant, not present
BIG WASHINGTON, LLC, A CALIFORNIA LIMITED BENJAMIN EILENBERG, Attorney, present
LIABILITY COMPANY, Plaintiff, not present
RUTH M. FRY AS TRUSTEE OF THE T & R FRY
FAMILY TRUST, Defendant, not present
THOMAS H. FRY AS TRUSTESS OF THE T & R FRY
FAMILY TRUST, Defendant, not present
Attorney Alyisyn Palla appeared on behalf of the Defendant (appeared late)
NATURE OF PROCEEDINGS: EX PARTE HEARING - TO SET ASIDE THE DISMISSAL
Hearing Start Time: 8:30 AM
The above entitled cause came on regularly on thisdate and time with parties and/or counsel appearing as
reflected above.
Cause submitted on the pleadings
The Court makes the following findings and orders:
PlaintiffExParte Application and Order to Set Aside/Vacate Dismissal Granted;
Notice of rulingiswaived in open court.
Matter to be set for Case Management Conference on :10/17/18 at 8:15 a.m inDepartment 10
****************************
Attorney Alisyn Jessica Palla appeared after the case was called,
Attorney Alisyn Jessica Palla submitted a declaration for review by the court.
The Court orders as follows:
The Exparte Application and to set aside the DismissalisGranted.
Copy of minute order mailed to allparties/counsel as stated on the attached declaration
MINUTE ORDER
Page 1 of 3
BIGWASHINGTON, LLC VSFRY ET AL BCV-17-102341
FUTURE HEARINGS:
October 17, 2018 8:15 AM Case Management Conference
Schuett, Stephen D.
Bakersfield Department 10
Sheriff,Deputy
MINUTE ORDER FINALIZED
BY: LINDA KROLNIK 0N: AUGUST
14,2018
MINUTE ORDER
Page 2 of 3
BIGWASHINGTON, LLC VSFRY ET AL BCV-17-102341
BIG WASHINGTON, LLC VS FRY ET AL
BCV-l7—102341
CERTIFICATE OF MAILING
The undersigned, 0f said Kern County, certify: That lam a Deputy Clerk of the Superior Coun of the State 0f California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, [reside in or am employed in
the County of Kern, and not a party t0 the within action, that l served the Minute Order dated August I4, 2018 attached
hereto 011 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 fillly prepaid and placed for collection and mailing on this date, following
standard Court practices, in thc United States mail at BAKERSFIELD California addressed as indicated on the attached
mailing list.
Date of Mailing: August 14, 2018
Place of Mailing: BAKERSFIELD, CA
I declare under penalty 0f perjury under the laws 0f the State of California that the foregoing istrue and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: August 14, 2018
By: LIZNDA KROLNIK
Linda Krolnik, Deputy Clerk
MAILING LIST
WILLIAM ALEXANDER ESQ BENJAMIN A EILENBERG
1925 G STREET LAW OFFICES OF BEN EILENBERG
BAKERSFIELD, CA 93301 3600 LIME ST STE 125
RIVERSIDE CA 92501-091]
Certificate ofMailing
Page 3 of 3
Document Filed Date
August 14, 2018
Case Filing Date
October 05, 2017
Category
26-CV Other Real Property-Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 10 Date: 08/14/2018 Time: 8:30 AM -12:00 PM BCV-17-102341 BIG WASHINGTON, LLC VS FRY ET AL Courtroom Stafi Honorable: Stephen D. Schuett Clerk: Linda M. Krolnik Court reporter: Tara Cunha Bailiff: Deputy Sheriff InterBreter: Language of: PARTIES: BENHONG (AMERICA) RECYCLING CO. LTD, A CALIFORNIA LIMITED LIABILITY COMPANY, Defendant, not present BIG WASHINGTON, LLC, A CALIFORNIA LIMITED BENJAMIN EILENBERG, Attorney, present LIABILITY COMPANY, Plaintiff, not present RUTH M. FRY AS TRUSTEE OF THE T & R FRY FAMILY TRUST, Defendant, not present THOMAS H. FRY AS TRUSTESS OF THE T & R FRY FAMILY TRUST, Defendant, not present Attorney Alyisyn Palla appeared on behalf of the Defendant (appeared late) NATURE OF PROCEEDINGS: EX PARTE HEARING - TO SET ASIDE THE DISMISSAL Hearing Start Time: 8:30 AM The above entitled cause came on regularly on thisdate and time with parties and/or counsel appearing as reflected above. Cause submitted on the pleadings The Court makes the following findings and orders: PlaintiffExParte Application and Order to Set Aside/Vacate Dismissal Granted; Notice of rulingiswaived in open court. Matter to be set for Case Management Conference on :10/17/18 at 8:15 a.m inDepartment 10 **************************** Attorney Alisyn Jessica Palla appeared after the case was called, Attorney Alisyn Jessica Palla submitted a declaration for review by the court. The Court orders as follows: The Exparte Application and to set aside the DismissalisGranted. Copy of minute order mailed to allparties/counsel as stated on the attached declaration MINUTE ORDER Page 1 of 3 BIGWASHINGTON, LLC VSFRY ET AL BCV-17-102341 FUTURE HEARINGS: October 17, 2018 8:15 AM Case Management Conference Schuett, Stephen D. Bakersfield Department 10 Sheriff,Deputy MINUTE ORDER FINALIZED BY: LINDA KROLNIK 0N: AUGUST 14,2018 MINUTE ORDER Page 2 of 3 BIGWASHINGTON, LLC VSFRY ET AL BCV-17-102341 BIG WASHINGTON, LLC VS FRY ET AL BCV-l7—102341 CERTIFICATE OF MAILING The undersigned, 0f said Kern County, certify: That lam a Deputy Clerk of the Superior Coun of the State 0f California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, [reside in or am employed in the County of Kern, and not a party t0 the within action, that l served the Minute Order dated August I4, 2018 attached hereto 011 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 fillly prepaid and placed for collection and mailing on this date, following standard Court practices, in thc United States mail at BAKERSFIELD California addressed as indicated on the attached mailing list. Date of Mailing: August 14, 2018 Place of Mailing: BAKERSFIELD, CA I declare under penalty 0f perjury under the laws 0f the State of California that the foregoing istrue and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: August 14, 2018 By: LIZNDA KROLNIK Linda Krolnik, Deputy Clerk MAILING LIST WILLIAM ALEXANDER ESQ BENJAMIN A EILENBERG 1925 G STREET LAW OFFICES OF BEN EILENBERG BAKERSFIELD, CA 93301 3600 LIME ST STE 125 RIVERSIDE CA 92501-091] Certificate ofMailing Page 3 of 3