Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Hearing Date: 12/10/2021 Time: 8:30 AM - 12:00 PM
JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF CARMEN J. HADLEY VS HAROLD CRAWFORD
CO., INC.
BCV-20-100434
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court Reporter: . None Bailiff: Deputy Sheriff
Interpreter: Language Of:
PARTIES:
Present:
JAMES WELCH AS PERSONAL REPRESENTATIVE DANIELS, WILLIAM A Attorney, Present
FOR THE ESTATE OF CARMEN J. HADLEY
Plaintiff, Not Present
HAROLD CRAWFORD CO., INC. Defendant, Not DODGIN, DUSTIN S Attorney, Present
Present
HAROLD CRAWFORD CO., INC. Cross DODGIN, DUSTIN S Attorney, Present
Complainant, Not Present
JAMES WELCH AS PERSONAL REPRESENTATIVE DANIELS, WILLIAM A Attorney, Present
FOR THE ESTATE OF CARMEN J. HADLEY Cross
Defendant, Not Present
NATURE OF PROCEEDINGS: MOTION TO COMPEL FURTHER DISCOVERY RESPONSES
Hearing Start Time:8:44 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Matter argued by counsel and submitted.
The Court makes the following findings and orders:
Plaintiff, JAMES WELCH Motion to File Third Amended Complaint - Granted.
Third Amended Complaint to be filed and served by 12/20/2021.
Plaintiff's motion for leave to file a Third Amended Complaint is granted. Plaintiff is directed to separately file and
serve a clean version of the Third Amended Complaint, a redline copy of which was provided with the moving
papers.
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Page 1 of 3
JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434
CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC.
Procedurally, the moving papers comply with the spirit of CRC Rule 3.1324. Substantively, California favors
liberality in giving parties leave to amend their pleadings.
Delay absent prejudice is not sufficient to warrant denial of leave to amend. There is no indication of prejudice to
Defendant by allowing this amendment and the opposition argued neither delay nor prejudice. The trial date is not
yet set leaving ample time for additional discovery and motion practice.
The Court expresses no opinion at this time as to the viability of the additional allegations contained in the Third
Amended Complaint and Defendant remains free to attack
Plaintiff, JAMES WELCH Motion to Compel Defendant The Harold Crawford Company, Inc's Further Responses to
Plaintiff's Form Interrogatories, Set No. Two:
Plaintiff, JAMES WELCH Motion to Compel Defendant The Harold Crawford Company, Inc.'s Further Responses to
Plaintiff's Request for Admissions, Set No. Two:
Plaintiff's two motions to compel Defendant Harold Crawford Company, Inc.'s to provide further responses to
Requests for Admissions, Set Two, nos. 1-8 and Form Interrogatories, Set Two, no. 17.1 are both granted. The
Court grants Defendant's Request for Judicial Notice of documents filed in the probate proceeding, specifically of
the Probate Court appointment of Plaintiff as Special Administrator of Estate of Carmen J. Hadley on April 30,
2021, the Probate Court appointment of Plaintiff as Executor of Decedent's Will on June 15, 2021, the Probate
Court issuance of Letters Testamentary to Plaintiff on June 29, 2021.
Defendant's objection on the basis that Plaintiff lacks standing is without merit. Defendant's objections on the
basis of vague, ambiguous, unintelligible lack also merit. As a party, Plaintiff has standing to propound discovery
and the discovery requests are sufficiently clear.
Furthermore, to the extent Defendant contends that Plaintiff lacks standing not only to propound discovery but as
to this action as a whole, this issue was previously raised by Defendant via Demurrer and concurrent Motion to
Strike as to the currently operative Second Amended Complaint. The Demurer to the Second Amended Complaint
was overruled by this Court and the Motion to Strike was denied, both after hearing on 07/19/21. In overruling the
Demurrer and denying the Motion to Strike this Court concluded that Plaintiff has capacity and standing to
maintain this action.
All of Defendant's objections are overruled.
Plaintiff's request for sanctions is granted in a reduced amount of $1,000.00 for 2.5 hours total at $400.00 hour,
which the Court finds reasonable. Defendant Harold Crawford Company is ordered to serve further verified
responses by 01/12/2022 and to pay the monetary sanctions by 01/12/2022.
Counsel for Plaintiff to prepare order for signature pursuan to CRC 3.1312. In the meantime, the clerk's minutes
will be the order of the court.
Further notice waived.
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JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434
CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC.
FUTURE HEARINGS:
February 23, 2022 8:15 AM Case Management Conference
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: 12/10/2021
MINUTES
Page 3 of 3
JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434
CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC.
Preview
Superior Court of California County of Kern Bakersfield Department 17 Hearing Date: 12/10/2021 Time: 8:30 AM - 12:00 PM JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC. BCV-20-100434 Honorable: Thomas S. Clark Clerk: Linda K. Hall Court Reporter: . None Bailiff: Deputy Sheriff Interpreter: Language Of: PARTIES: Present: JAMES WELCH AS PERSONAL REPRESENTATIVE DANIELS, WILLIAM A Attorney, Present FOR THE ESTATE OF CARMEN J. HADLEY Plaintiff, Not Present HAROLD CRAWFORD CO., INC. Defendant, Not DODGIN, DUSTIN S Attorney, Present Present HAROLD CRAWFORD CO., INC. Cross DODGIN, DUSTIN S Attorney, Present Complainant, Not Present JAMES WELCH AS PERSONAL REPRESENTATIVE DANIELS, WILLIAM A Attorney, Present FOR THE ESTATE OF CARMEN J. HADLEY Cross Defendant, Not Present NATURE OF PROCEEDINGS: MOTION TO COMPEL FURTHER DISCOVERY RESPONSES Hearing Start Time:8:44 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. Matter argued by counsel and submitted. The Court makes the following findings and orders: Plaintiff, JAMES WELCH Motion to File Third Amended Complaint - Granted. Third Amended Complaint to be filed and served by 12/20/2021. Plaintiff's motion for leave to file a Third Amended Complaint is granted. Plaintiff is directed to separately file and serve a clean version of the Third Amended Complaint, a redline copy of which was provided with the moving papers. MINUTES Page 1 of 3 JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434 CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC. Procedurally, the moving papers comply with the spirit of CRC Rule 3.1324. Substantively, California favors liberality in giving parties leave to amend their pleadings. Delay absent prejudice is not sufficient to warrant denial of leave to amend. There is no indication of prejudice to Defendant by allowing this amendment and the opposition argued neither delay nor prejudice. The trial date is not yet set leaving ample time for additional discovery and motion practice. The Court expresses no opinion at this time as to the viability of the additional allegations contained in the Third Amended Complaint and Defendant remains free to attack Plaintiff, JAMES WELCH Motion to Compel Defendant The Harold Crawford Company, Inc's Further Responses to Plaintiff's Form Interrogatories, Set No. Two: Plaintiff, JAMES WELCH Motion to Compel Defendant The Harold Crawford Company, Inc.'s Further Responses to Plaintiff's Request for Admissions, Set No. Two: Plaintiff's two motions to compel Defendant Harold Crawford Company, Inc.'s to provide further responses to Requests for Admissions, Set Two, nos. 1-8 and Form Interrogatories, Set Two, no. 17.1 are both granted. The Court grants Defendant's Request for Judicial Notice of documents filed in the probate proceeding, specifically of the Probate Court appointment of Plaintiff as Special Administrator of Estate of Carmen J. Hadley on April 30, 2021, the Probate Court appointment of Plaintiff as Executor of Decedent's Will on June 15, 2021, the Probate Court issuance of Letters Testamentary to Plaintiff on June 29, 2021. Defendant's objection on the basis that Plaintiff lacks standing is without merit. Defendant's objections on the basis of vague, ambiguous, unintelligible lack also merit. As a party, Plaintiff has standing to propound discovery and the discovery requests are sufficiently clear. Furthermore, to the extent Defendant contends that Plaintiff lacks standing not only to propound discovery but as to this action as a whole, this issue was previously raised by Defendant via Demurrer and concurrent Motion to Strike as to the currently operative Second Amended Complaint. The Demurer to the Second Amended Complaint was overruled by this Court and the Motion to Strike was denied, both after hearing on 07/19/21. In overruling the Demurrer and denying the Motion to Strike this Court concluded that Plaintiff has capacity and standing to maintain this action. All of Defendant's objections are overruled. Plaintiff's request for sanctions is granted in a reduced amount of $1,000.00 for 2.5 hours total at $400.00 hour, which the Court finds reasonable. Defendant Harold Crawford Company is ordered to serve further verified responses by 01/12/2022 and to pay the monetary sanctions by 01/12/2022. Counsel for Plaintiff to prepare order for signature pursuan to CRC 3.1312. In the meantime, the clerk's minutes will be the order of the court. Further notice waived. MINUTES Page 2 of 3 JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434 CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC. FUTURE HEARINGS: February 23, 2022 8:15 AM Case Management Conference Clark, Thomas S. Bakersfield Department 17 Sheriff, Deputy MINUTES FINALIZED BY: LINDA HALL ON: 12/10/2021 MINUTES Page 3 of 3 JAMES WELCH AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF BCV-20-100434 CARMEN J. HADLEY VS HAROLD CRAWFORD CO., INC.