Preview
T amam th-Pk
3r er [c ens
SUPERIOR COURT
Telephone 661-868-5393
Clerk of the Supenor Coun
memn Avenue
l4 I 5
Bakersfield CA 93301
Richard Jacobs 1/22/21
E-Filc Casc No.: BCV-l7-10234l
Case Name: BIG WASHINGTON, LLC VS FRY ET AL
Document: SUPPLEMENTAL DECLARATION IN
SUPPORT 0F MOTION TO SET ASIDE
DISMISSAL; (PROPOSED) ORDER
The attached papers are being returned for Lhc following reason(s): D Check l! Returned
This pleading does not appear t0 bc for Superior Conn, Kem County.
’I‘hc
attached document is an improper ex-parte communication and has not been considered by thc Court.
D Fcc ofS required or a Request t0 Waive Court Fees must be submitted.
D Application for Waiver of Fees missing attachment(s)z
D Lg; 1hr§g (3) paystubs, ifcmploycd.
D Ccnified Copy of Statement of Account for previous six (6) months certified by Dept. of Corrections
D Trust Account Withdrawal Order form (CDC form 193) completed by thc Dcpt. 0f Corrections
indicating $3.00 fcc Io Dcpl. ofCorchtions has been paid or insufficient funds in Ihc account to cover.
Does not conform t0Rule 2.]00-2.] l9,Califomia Rules ofCoun, as to form and format.
DDEI
Superior Court case number iswrong, incomplete, or missing
Consolidated matter: All consolidated case numbers must be listed in Ihcheading with the lead case listed
first.
Consolidated matter:
incorrect 0r missing parties.
’I’itlc is
Summons docs n01 conform to complaint/cross-complainv’petition.
Not an original. Copies arc not acceptable.
Copies must be provided ifendorsed copies are requested, Submit one original plus copy(ies).
Does not conform to Kern County Local Rulc/Code:
Must use Mandatory Judicial Council form.
isnot eligible for filing.Reason:
Item(s) # incomplete.
Missing required forms/attachment:
Original Will must bc presented at the time of filing petition.
DDDDDDDDDDDDDDDDDDDDDD
Signature missing:
Date and place of execution not completed.
Document(s) must be verified.
Show date, time, and location ofhcaring pursuant to California Rules ofCourt.
The date you have noticed this matter is a Coun holiday/weekcnd.
Acknowledgement ofReceipt/Citation must be attached to the completed proof ofscrvicc.
Attach Proof of Service on opposing party.
Correct Proofof Service:
Not appraised by the Probate Rcfcrcc.
Order/Judgmcnt docs not conform to the Coun minutes.
Order page does not contain enough information regarding case; nccd at least three lines of tcxt with
identifying information for order and case (short title case and case number).
Dismissal cannot bc cmcrcd for the following reasons:
ED Olhcr: Substitution of attorney has not been filed in this case as of today's date. Your declaration rcfcrs
t0 "Exhibit 1". Thcrc arc n0 additional attachments t0 your declaration other than your proof of service.
Tamarah Harbcr-Pickens
CLERK OF THE SUPERIOR COURT
By: Mggfi VLW ,Deputy Clerk
ANY CORRESPONDENCE REQUIRING AN ANSWER FROM THE COURT MUST BE
ACCOMPANIED BY A SELF-ADDRESSED STAMPED ENVELOPE LARGE ENOUGH T0 RETURN DOCUMENTS
Rm:1212017
Envelope Details Page 1 of2
Print this gage
Case # BCV-17-102341 - BIG WASHINGTON, LLC VS FRY
ET AL (Lampe, David R.)
Ii .
LCase Information
.__r.._._.“,_._._._..___..__‘ N-
_..- A
'L_oca_t_i0n Kem - éQiéfiéfiéldCWil
$Date‘ Fgled _:_J 1/22/2021 3:24 PM
Ca-se_Number BCV-17-102341
_‘ _
F W _}
Case D__e_scr_ipt_ion__ EBIG WASHINGTON, LLC vs FRY ET AL
Assigqed
m
t0 _J_udge __
LLampc David R
EEK? f: -:4Richard Jacobs
fifiifiéliiiii m“ ,_
‘
Law1 Offices ochn Eilenberg
5621—3? __ _ k dJ
Bcn Eilenberg
Fees
r.--»a-...
M __~ $0.10
iotal Coufi C_asew Fees a _4_>
$0.00
Total'Court Partyj Fees w_ 4130.00
?QQLCQUEEEEEL:J W
30-00
Comufi—Sfé‘rzxce
Total Fee_s_ _j$0. 00
‘
{fqtal FiLingm & Serv1c_e:Fees: 1$3 50
|To_{aIProvIc-Iéflr—SérxlggFees :1 $0 00
Brovjder
:1 ot_a1_ Tax Fees _
j$0 00
00
iii? 5T3???" M“
Grand Tia—téEh _ ; “J
$3.60
Payment
Accpunt Name j VIRTUAL ACCT CAEFILE
misaem mg; _"_““‘j_é$3.6o
:Transactlon Re_spon_se_
[Transactlon ID: w“ I
‘
8940307
Order # _]005694942-0
ipcclaration
Filing Typ_e_ EFile
Filing Code Declaration
Al_f
Motion Co__de ,_- _._.._.__
‘ .._.._ AHW. U.4
2'
F_i_]ingDescrlptlon _ Declaration
h
'Ref_erence Numbcr:
Comments_
r::.::‘:::: *
https://ca1ifomia.tylcrhost.neL/EnvelopeDetails.aspx?envclopeguid=88c 1 0522-45 1 6-4227-... 1/22/2021
Envelope Details Page 2 0f 2
SEQ: ::':_f_w-"f fl]: .1: A.A
W _ _..
Rejected
_-
q
[Fees
“I ' '
J
Céifié:::n:: .I
930.00
s_er—Vlcé—Fmeé ;__'::__:;:';_ ”1:: 1;. § _- .~ .:$0-00
Rejection Information 1
'
@23833' _;1Ti55:;'-_ ,1”Cd§fi%e§t_:; ”::’_';"'___.'_"_':___:::T_"mg}
Substitution 0f altomey has not been filed 1n this case as 0f today' s date
14 - 1/22/2021
Your declaration refers to "Exhibit 1". There are no additional attachments
Rejected 4:36 PM to your declaration other than your proof of service
w ¥¥¥¥¥
'j)ocuments 3
1.4.21-signed.pdf [on'ginau
Lead _D0_c_z§nent f] supp. Deal.
Mssocifited Parties j
Pany/Busmess N_ame__ _‘ _ _w__ _ __ W Hm v_M _‘_”4
BIG WASHINGTON, LLC, A CALIFORNIA LIMIT ED LIABILITY COMPANY
https://califomia.ty1erhost.neL/EnvelopeDetails.aspx?envelopcguid=88e1 0522-45 I 6-4227-... 1/22/2021
LAW OFFICES OF RICHARD JACOBS
RICHARD JACOBS, SBN 252226
13512 Hatteras St.
Valley Glen, California 91401
Tel: (818) 216-0663
Fax: (818) 780-8696
RichardJacobsLaw@gmail.com
Attorneys for Plaintiff, BIG WASHINGTON, LLC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF KERN — METROPOLITAN DIVISION
BIG WASHINTON, LLC., a Case No.: BCVI 7-1 02341 SDS
California Limited Liability
Company SUPPLENIENTAL DECLARATIONS IN SUPPORT
OF MOTION TO SET ASIDE DISMISSAL;
Plaintiff; [PROPOSED] ORDER
V.
BENHONG (AMERICA)
RECYCLING CO. LTD, a
California Limited Liability
Company; and THOMAS H.
FRY; RUTH M. FRY, as
Trustees ofthc T & R FRY
FAMILY TRUST, and Docs 1 to
100,
Defendants.
TO DEFENDANT, BENHONG (AMERICA) RECYCLING C0. LTD, a
California Limited Liability Company; and THOMAS H. FRY; RUTH M. FRY, as
20
Trustees OfIhc T & R FRY FAMILY TRUST, GEORGE F. CHERNICI‘I, D.C., AND
21
TO HIS ATTORNEY 0F RECORD:
22
These supplemental declarations arc filed in support ofthe previously filed
23
motion t0 sct aside, currently set for January 25, 2021.
24
25
26
DATED: January 4, 2021 LAW
OWW
By: /
Richérd Iaéobs,
Attorney
ESQ.
for Plaintiff
JACOBS
27
28
DECLARATION 0F MARTIN SMITH
I,Martin Smith, declare:
1. Iam the manager 0fthc managing entity for Big Washington, LLC.
2. Iwas informed by my former attorney ofthcjudgmcnt for dismissal
issued in this case.
3. The judgment was issued after my former attomey entered into a
suspension with the State Bar Court.
4. Isheltered at home with my family during the Covid quarantine. Due to
said sheltering at home, itwas difficult t0 f'md a new attorney.
5. Based upon the news, and advice from our former attorney, we thought
that the Courts wcrc still closed to the public for filing the substitution ofattomcy.
6. Wc then hired an attorney and caused thc subject motion to be filed, as
l3 we believed that was the sole requirement t0 have the dismissal set aside pursuant to the
14 Coun’s order of dismissal.
15 7. lapologize to the Court, Court Staff, and the opposing side for any delay
16 caused by thc delay in filing our substitution 0f attorney.
l7 8. We appreciate that the Court issued itsorder that will reinstate the case
upon the filing of thc substitution ofattomcy, which wc havc now done. PIc c sec a
f5
true and correct copy ofthe order ofdismissal attached as Exhibit I.
20 9. We look forward to having this matter resolved soon via either motions
2] 0r a trial.
22 I declare under penalty ofpcrjury under the laws of California that the foregoing is true
23 and correct, and that
rm“—'——
this declaration was cxccutcd on January
*
4, 2021.
24
25
26
Martin Smith
27
28
PROOF OF SERVICE )
STATE OF CALIFORNIA ) ss:
COUNTY OF LOS ANGELES )
I am employed in the City and County 0f Los Angelcs, State ofCalifomia. I am
over the age of 18 and not a party t0 the within action. My business address is 135 12
Hatteras St., Valley Glen, CA 91401. My electronic service address is
RichardJacobsLaw@gmail.com. lam readily familiar with thc business' practice for
filing electronically, and the documents listed below have been or will be electronically
served this same day in thc ordinary course of business following ordinary business
practices.
On January 4, 2021 ,
I electronically servedl the foregoing documents described
as: SUPPLEMENTAL DECLARATION IN SUPPORT 0F MOTION T0 SET
ASIDE AND VACATE DISMISSAL AND JUDGMENT FOR DEFENDANT by
mailing and c-mailing the documents 0n the following interested parties:
William Alexander
1925 G Street
Bakersfield, CA 93301
A true and correct copy of transmittal will be produced if requested by any party
or the court.
Ideclare under penalty of perjury under the laws ofthc state of California that
H
m
l7
the above is true and
California 91607.
fl”
correct and was cxccutcd 0n January 22, 2021, at Valley Glen,
Richard Jacobs
m
w
20
N
22
23
24
25
26
1
Duly served in accordance with California Rules of Court, rule 2.251.
27 Effective January l, 2019.
28
Preview
T amam th-Pk 3r er [c ens SUPERIOR COURT Telephone 661-868-5393 Clerk of the Supenor Coun memn Avenue l4 I 5 Bakersfield CA 93301 Richard Jacobs 1/22/21 E-Filc Casc No.: BCV-l7-10234l Case Name: BIG WASHINGTON, LLC VS FRY ET AL Document: SUPPLEMENTAL DECLARATION IN SUPPORT 0F MOTION TO SET ASIDE DISMISSAL; (PROPOSED) ORDER The attached papers are being returned for Lhc following reason(s): D Check l! Returned This pleading does not appear t0 bc for Superior Conn, Kem County. ’I‘hc attached document is an improper ex-parte communication and has not been considered by thc Court. D Fcc ofS required or a Request t0 Waive Court Fees must be submitted. D Application for Waiver of Fees missing attachment(s)z D Lg; 1hr§g (3) paystubs, ifcmploycd. D Ccnified Copy of Statement of Account for previous six (6) months certified by Dept. of Corrections D Trust Account Withdrawal Order form (CDC form 193) completed by thc Dcpt. 0f Corrections indicating $3.00 fcc Io Dcpl. ofCorchtions has been paid or insufficient funds in Ihc account to cover. Does not conform t0Rule 2.]00-2.] l9,Califomia Rules ofCoun, as to form and format. DDEI Superior Court case number iswrong, incomplete, or missing Consolidated matter: All consolidated case numbers must be listed in Ihcheading with the lead case listed first. Consolidated matter: incorrect 0r missing parties. ’I’itlc is Summons docs n01 conform to complaint/cross-complainv’petition. Not an original. Copies arc not acceptable. Copies must be provided ifendorsed copies are requested, Submit one original plus copy(ies). Does not conform to Kern County Local Rulc/Code: Must use Mandatory Judicial Council form. isnot eligible for filing.Reason: Item(s) # incomplete. Missing required forms/attachment: Original Will must bc presented at the time of filing petition. DDDDDDDDDDDDDDDDDDDDDD Signature missing: Date and place of execution not completed. Document(s) must be verified. Show date, time, and location ofhcaring pursuant to California Rules ofCourt. The date you have noticed this matter is a Coun holiday/weekcnd. Acknowledgement ofReceipt/Citation must be attached to the completed proof ofscrvicc. Attach Proof of Service on opposing party. Correct Proofof Service: Not appraised by the Probate Rcfcrcc. Order/Judgmcnt docs not conform to the Coun minutes. Order page does not contain enough information regarding case; nccd at least three lines of tcxt with identifying information for order and case (short title case and case number). Dismissal cannot bc cmcrcd for the following reasons: ED Olhcr: Substitution of attorney has not been filed in this case as of today's date. Your declaration rcfcrs t0 "Exhibit 1". Thcrc arc n0 additional attachments t0 your declaration other than your proof of service. Tamarah Harbcr-Pickens CLERK OF THE SUPERIOR COURT By: Mggfi VLW ,Deputy Clerk ANY CORRESPONDENCE REQUIRING AN ANSWER FROM THE COURT MUST BE ACCOMPANIED BY A SELF-ADDRESSED STAMPED ENVELOPE LARGE ENOUGH T0 RETURN DOCUMENTS Rm:1212017 Envelope Details Page 1 of2 Print this gage Case # BCV-17-102341 - BIG WASHINGTON, LLC VS FRY ET AL (Lampe, David R.) Ii . LCase Information .__r.._._.“,_._._._..___..__‘ N- _..- A 'L_oca_t_i0n Kem - éQiéfiéfiéldCWil $Date‘ Fgled _:_J 1/22/2021 3:24 PM Ca-se_Number BCV-17-102341 _‘ _ F W _} Case D__e_scr_ipt_ion__ EBIG WASHINGTON, LLC vs FRY ET AL Assigqed m t0 _J_udge __ LLampc David R EEK? f: -:4Richard Jacobs fifiifiéliiiii m“ ,_ ‘ Law1 Offices ochn Eilenberg 5621—3? __ _ k dJ Bcn Eilenberg Fees r.--»a-... M __~ $0.10 iotal Coufi C_asew Fees a _4_> $0.00 Total'Court Partyj Fees w_ 4130.00 ?QQLCQUEEEEEL:J W 30-00 Comufi—Sfé‘rzxce Total Fee_s_ _j$0. 00 ‘ {fqtal FiLingm & Serv1c_e:Fees: 1$3 50 |To_{aIProvIc-Iéflr—SérxlggFees :1 $0 00 Brovjder :1 ot_a1_ Tax Fees _ j$0 00 00 iii? 5T3???" M“ Grand Tia—téEh _ ; “J $3.60 Payment Accpunt Name j VIRTUAL ACCT CAEFILE misaem mg; _"_““‘j_é$3.6o :Transactlon Re_spon_se_ [Transactlon ID: w“ I ‘ 8940307 Order # _]005694942-0 ipcclaration Filing Typ_e_ EFile Filing Code Declaration Al_f Motion Co__de ,_- _._.._.__ ‘ .._.._ AHW. U.4 2' F_i_]ingDescrlptlon _ Declaration h 'Ref_erence Numbcr: Comments_ r::.::‘:::: * https://ca1ifomia.tylcrhost.neL/EnvelopeDetails.aspx?envclopeguid=88c 1 0522-45 1 6-4227-... 1/22/2021 Envelope Details Page 2 0f 2 SEQ: ::':_f_w-"f fl]: .1: A.A W _ _.. Rejected _- q [Fees “I ' ' J Céifié:::n:: .I 930.00 s_er—Vlcé—Fmeé ;__'::__:;:';_ ”1:: 1;. § _- .~ .:$0-00 Rejection Information 1 ' @23833' _;1Ti55:;'-_ ,1”Cd§fi%e§t_:; ”::’_';"'___.'_"_':___:::T_"mg} Substitution 0f altomey has not been filed 1n this case as 0f today' s date 14 - 1/22/2021 Your declaration refers to "Exhibit 1". There are no additional attachments Rejected 4:36 PM to your declaration other than your proof of service w ¥¥¥¥¥ 'j)ocuments 3 1.4.21-signed.pdf [on'ginau Lead _D0_c_z§nent f] supp. Deal. Mssocifited Parties j Pany/Busmess N_ame__ _‘ _ _w__ _ __ W Hm v_M _‘_”4 BIG WASHINGTON, LLC, A CALIFORNIA LIMIT ED LIABILITY COMPANY https://califomia.ty1erhost.neL/EnvelopeDetails.aspx?envelopcguid=88e1 0522-45 I 6-4227-... 1/22/2021 LAW OFFICES OF RICHARD JACOBS RICHARD JACOBS, SBN 252226 13512 Hatteras St. Valley Glen, California 91401 Tel: (818) 216-0663 Fax: (818) 780-8696 RichardJacobsLaw@gmail.com Attorneys for Plaintiff, BIG WASHINGTON, LLC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF KERN — METROPOLITAN DIVISION BIG WASHINTON, LLC., a Case No.: BCVI 7-1 02341 SDS California Limited Liability Company SUPPLENIENTAL DECLARATIONS IN SUPPORT OF MOTION TO SET ASIDE DISMISSAL; Plaintiff; [PROPOSED] ORDER V. BENHONG (AMERICA) RECYCLING CO. LTD, a California Limited Liability Company; and THOMAS H. FRY; RUTH M. FRY, as Trustees ofthc T & R FRY FAMILY TRUST, and Docs 1 to 100, Defendants. TO DEFENDANT, BENHONG (AMERICA) RECYCLING C0. LTD, a California Limited Liability Company; and THOMAS H. FRY; RUTH M. FRY, as 20 Trustees OfIhc T & R FRY FAMILY TRUST, GEORGE F. CHERNICI‘I, D.C., AND 21 TO HIS ATTORNEY 0F RECORD: 22 These supplemental declarations arc filed in support ofthe previously filed 23 motion t0 sct aside, currently set for January 25, 2021. 24 25 26 DATED: January 4, 2021 LAW OWW By: / Richérd Iaéobs, Attorney ESQ. for Plaintiff JACOBS 27 28 DECLARATION 0F MARTIN SMITH I,Martin Smith, declare: 1. Iam the manager 0fthc managing entity for Big Washington, LLC. 2. Iwas informed by my former attorney ofthcjudgmcnt for dismissal issued in this case. 3. The judgment was issued after my former attomey entered into a suspension with the State Bar Court. 4. Isheltered at home with my family during the Covid quarantine. Due to said sheltering at home, itwas difficult t0 f'md a new attorney. 5. Based upon the news, and advice from our former attorney, we thought that the Courts wcrc still closed to the public for filing the substitution ofattomcy. 6. Wc then hired an attorney and caused thc subject motion to be filed, as l3 we believed that was the sole requirement t0 have the dismissal set aside pursuant to the 14 Coun’s order of dismissal. 15 7. lapologize to the Court, Court Staff, and the opposing side for any delay 16 caused by thc delay in filing our substitution 0f attorney. l7 8. We appreciate that the Court issued itsorder that will reinstate the case upon the filing of thc substitution ofattomcy, which wc havc now done. PIc c sec a f5 true and correct copy ofthe order ofdismissal attached as Exhibit I. 20 9. We look forward to having this matter resolved soon via either motions 2] 0r a trial. 22 I declare under penalty ofpcrjury under the laws of California that the foregoing is true 23 and correct, and that rm“—'—— this declaration was cxccutcd on January * 4, 2021. 24 25 26 Martin Smith 27 28 PROOF OF SERVICE ) STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) I am employed in the City and County 0f Los Angelcs, State ofCalifomia. I am over the age of 18 and not a party t0 the within action. My business address is 135 12 Hatteras St., Valley Glen, CA 91401. My electronic service address is RichardJacobsLaw@gmail.com. lam readily familiar with thc business' practice for filing electronically, and the documents listed below have been or will be electronically served this same day in thc ordinary course of business following ordinary business practices. On January 4, 2021 , I electronically servedl the foregoing documents described as: SUPPLEMENTAL DECLARATION IN SUPPORT 0F MOTION T0 SET ASIDE AND VACATE DISMISSAL AND JUDGMENT FOR DEFENDANT by mailing and c-mailing the documents 0n the following interested parties: William Alexander 1925 G Street Bakersfield, CA 93301 A true and correct copy of transmittal will be produced if requested by any party or the court. Ideclare under penalty of perjury under the laws ofthc state of California that H m l7 the above is true and California 91607. fl” correct and was cxccutcd 0n January 22, 2021, at Valley Glen, Richard Jacobs m w 20 N 22 23 24 25 26 1 Duly served in accordance with California Rules of Court, rule 2.251. 27 Effective January l, 2019. 28