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 Division H
Hearing Date: 02/04/2022 Time: 8:30 AM - 12:00 PM
BIG WASHINGTON, LLC VS FRY ET AL
BCV-17-102341
Honorable: Bernard C. Barmann, Jr. Clerk: Vanessa Cofield
Court Reporter: . None Bailiff: Deputy Sheriff
PARTIES:
Present:
BIG WASHINGTON, LLC, A CALIFORNIA LIMITED JACOBS, RICHARD B Attorney, Present via CourtCall
LIABILITY COMPANY Plaintiff, Not Present
RUTH M. FRY AS TRUSTEE OF THE T & R FRY FAMILY ALEXANDER, WILLIAM L Attorney, Present via Zoom
TRUST Defendant, Not Present
Not Present:
BENHONG (AMERICA) RECYCLING CO. LTD, A
CALIFORNIA LIMITED LIABILITY COMPANY Defendant
RUTH M. FRY AS TRUSTEE OF THE T & R FRY FAMILY
TRUST Defendant
THOMAS H. FRY AS TRUSTESS OF THE T & R FRY PALLA, ALISYN J Attorney
FAMILY TRUST Defendant
THOMAS H. FRY AS TRUSTESS OF THE T & R FRY
FAMILY TRUST Defendant
Elizabeth Estrada appeared via Zoom on behalf of defendant RUTH M. FRY AS TRUSTEE OF THE T & R FRY FAMILY TRUST
NATURE OF PROCEEDINGS: MOTION FOR ORDER (PRE-DISPOSITION); FILED BY DEFENDANT
Hearing Start Time:8:30 AM
The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Tentative announced in open court.
Matter argued by counsel and submitted.
The Court makes the following findings and orders:
Defendant's Motion for Order Issuing Terminating Sanctions, or in the Alternative Evidentiary or Issue Sanctions is
denied.
The Court treats defendant's Motion as one to enforce the 10/28/21 Order compelling the depositions.
Depositions ordered to be taken on the following dates: 04/05/22, 04/06/22, 04/07/22.
No party is allowed to move the dates absent a court order to be filed ex parte on an Order Shortening Time
before the deposition dates.
MINUTES
Page 1 of 2
BIG WASHINGTON, LLC VS FRY ET AL BCV-17-102341
Failure to appear at the depositions sanctionable by terminating/evidentiary/issue/monetary sanctions and/or
contempt against deponents and/or counsel.
Monetary sanctions in the amount of $1,000 imposed against Plaintiff and Plaintiff counsel jointly.
Counsel for defense to prepare an order pursuant to CRC Rule 3.1312 and give notice of ruling.
- Audio streaming announced.
FUTURE HEARINGS:
February 07, 2022 8:30 AM Ex Parte Hearing - Pre-Disposition
Bakersfield Division H
Sheriff, Deputy
Barmann, Bernard C., Jr.
February 16, 2022 8:30 AM Case Status Conference
Bakersfield Division H
Sheriff, Deputy
Barmann, Bernard C., Jr.
March 14, 2022 8:30 AM Motion (Pre-Disposition)
Bakersfield Division H
Sheriff, Deputy
Barmann, Bernard C., Jr.
April 29, 2022 8:30 AM Motion for Summary Adjudication
Bakersfield Division H
Sheriff, Deputy
Barmann, Bernard C., Jr.
April 29, 2022 10:00 AM Mandatory Settlement Conference
Clark, Thomas S.
Bakersfield Department 17
May 31, 2022 9:00 AM Jury Trial
Bakersfield Division H
Sheriff, Deputy
Barmann, Bernard C., Jr.
May 31, 2022 9:00 AM Final Case Management Conference
Bakersfield Division H
Barmann, Bernard C., Jr.
MINUTES FINALIZED BY: VANESSA COFIELD ON: 2/7/2022
MINUTES
Page 2 of 2
BIG WASHINGTON, LLC VS FRY ET AL BCV-17-102341
Document Filed Date
February 04, 2022
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 Division H Hearing Date: 02/04/2022 Time: 8:30 AM - 12:00 PM BIG WASHINGTON, LLC VS FRY ET AL BCV-17-102341 Honorable: Bernard C. Barmann, Jr. Clerk: Vanessa Cofield Court Reporter: . None Bailiff: Deputy Sheriff PARTIES: Present: BIG WASHINGTON, LLC, A CALIFORNIA LIMITED JACOBS, RICHARD B Attorney, Present via CourtCall LIABILITY COMPANY Plaintiff, Not Present RUTH M. FRY AS TRUSTEE OF THE T & R FRY FAMILY ALEXANDER, WILLIAM L Attorney, Present via Zoom TRUST Defendant, Not Present Not Present: BENHONG (AMERICA) RECYCLING CO. LTD, A CALIFORNIA LIMITED LIABILITY COMPANY Defendant RUTH M. FRY AS TRUSTEE OF THE T & R FRY FAMILY TRUST Defendant THOMAS H. FRY AS TRUSTESS OF THE T & R FRY PALLA, ALISYN J Attorney FAMILY TRUST Defendant THOMAS H. FRY AS TRUSTESS OF THE T & R FRY FAMILY TRUST Defendant Elizabeth Estrada appeared via Zoom on behalf of defendant RUTH M. FRY AS TRUSTEE OF THE T & R FRY FAMILY TRUST NATURE OF PROCEEDINGS: MOTION FOR ORDER (PRE-DISPOSITION); FILED BY DEFENDANT Hearing Start Time:8:30 AM The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. Tentative announced in open court. Matter argued by counsel and submitted. The Court makes the following findings and orders: Defendant's Motion for Order Issuing Terminating Sanctions, or in the Alternative Evidentiary or Issue Sanctions is denied. The Court treats defendant's Motion as one to enforce the 10/28/21 Order compelling the depositions. Depositions ordered to be taken on the following dates: 04/05/22, 04/06/22, 04/07/22. No party is allowed to move the dates absent a court order to be filed ex parte on an Order Shortening Time before the deposition dates. MINUTES Page 1 of 2 BIG WASHINGTON, LLC VS FRY ET AL BCV-17-102341 Failure to appear at the depositions sanctionable by terminating/evidentiary/issue/monetary sanctions and/or contempt against deponents and/or counsel. Monetary sanctions in the amount of $1,000 imposed against Plaintiff and Plaintiff counsel jointly. Counsel for defense to prepare an order pursuant to CRC Rule 3.1312 and give notice of ruling. - Audio streaming announced. FUTURE HEARINGS: February 07, 2022 8:30 AM Ex Parte Hearing - Pre-Disposition Bakersfield Division H Sheriff, Deputy Barmann, Bernard C., Jr. February 16, 2022 8:30 AM Case Status Conference Bakersfield Division H Sheriff, Deputy Barmann, Bernard C., Jr. March 14, 2022 8:30 AM Motion (Pre-Disposition) Bakersfield Division H Sheriff, Deputy Barmann, Bernard C., Jr. April 29, 2022 8:30 AM Motion for Summary Adjudication Bakersfield Division H Sheriff, Deputy Barmann, Bernard C., Jr. April 29, 2022 10:00 AM Mandatory Settlement Conference Clark, Thomas S. Bakersfield Department 17 May 31, 2022 9:00 AM Jury Trial Bakersfield Division H Sheriff, Deputy Barmann, Bernard C., Jr. May 31, 2022 9:00 AM Final Case Management Conference Bakersfield Division H Barmann, Bernard C., Jr. MINUTES FINALIZED BY: VANESSA COFIELD ON: 2/7/2022 MINUTES Page 2 of 2 BIG WASHINGTON, LLC VS FRY ET AL BCV-17-102341