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1 William L. Alexander (State Bar Number 126607)
Elizabeth Estrada (State Bar Number 232302)
2 Alexander & Associates, PLC
3 1925 G Street
Bakersfield, CA 93301
4 Phone: (661) 316-7888
Email: walexander@alexander-law.com; elizabeth@alexander-law.com
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6 Attorneys for Defendants, Thomas H. Fry and Ruth M. Fry
as Trustees of the T & R Fry Family Trust
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF KERN – METROPOLITAN DIVISION
10 BIG WASHINGTON, LLC, a California ) Case No. BCV-17-102341 BCB
Limited Liability Company, )
11 ) DEFENDANTS’ NOTICE OF MOTION
Plaintiff, ) AND MOTION FOR ORDER
12 ) COMPELLING RESPONSES OF
13 vs. ) PLAINTIFF, BIG WASHINGTON, TO
) DEMANDS FOR INSPECTION, SET
14 BENHONG (AMERICA) RECYCLING CO. ) THREE, AND FOR MONETARY
LTD, a California Limited Liability Company; ) SANCTIONS AGAINST BIG
15 ) WASHINGTON, LLC
and THOMAS H. FRY and RUTH M. FRY as
16 Trustees of the T & R FRY FAMILY TRUST; )
and DOES 1 – 100, inclusive, ) Assigned to: Hon. Bernard C. Barmann, Jr.
17 ) Div.: H
Defendants. )
18 ) Date: May 6, 2022
19 ) Time: 8:30 a.m.
) Div. H
20 )
) Complaint Filed: October 6, 2017
21 ) Trial Date: May 31, 2022
22 )
)
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24 TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD:
25 PLEASE TAKE NOTICE THAT on May 6, 2022 at 8:30 a.m., or as soon thereafter as the
26 matter may be heard before the Honorable Bernard C. Barmann, Jr. in Division H of the Kern County
27 Superior Court located at 1215 Truxtun Avenue, Bakersfield, California 93301, defendants, Thomas
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Alexander & Associates
Attorneys at Law
1925 G Street
NOTICE OF MOTION FOR ORDER COMPELLING BIG WASHINGTON’S RESPONSES TO DEMANDS FOR
Bakersfield, CA 93301
(661) 316-7888
INSPECTION, SET THREE
1 H. Fry and Ruth M. Fry, Trustees of the T&R Fry Family Trust, will and hereby do move for an order
2 compelling the responses of plaintiff, Big Washington, LLC, to Demands for Inspection and
3 Production of Documents, Set Three, and for monetary sanctions against Big Washington, LLC in the
4 sum of $335.00.
5 This motion is made pursuant to Code of Civil Procedure, Section 2031.300 on the grounds
6 that Big Washington, LLC failed to serve responses to Demands for Inspection and Production of
7 Documents, Set Three.
8 This motion is based upon this Notice of Motion and Motion, the accompanying Memorandum,
9 the Declaration of Elizabeth Estrada, on such evidence as may be presented at or before the time of
10 hearing on this motion, and on the papers and documents in the Court’s file.
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12 Date: April 8, 2022 ALEXANDER & ASSOCIATES, PLC
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14 By: /s/ Elizabeth Estrada /s/
ELIZABETH ESTRADA
15 Attorneys for Defendants, Thomas H. Fry and
Ruth M. Fry as Trustees of the T&R Fry Family
16 Trust
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Alexander & Associates
Attorneys at Law
1925 G Street
NOTICE OF MOTION FOR ORDER COMPELLING BIG WASHINGTON’S RESPONSES TO DEMANDS FOR
Bakersfield, CA 93301
(661) 316-7888
INSPECTION, SET THREE
1 PROOF OF SERVICE (C.C.P. §1013a, 2015.5)
2 I am employed in the County of Kern, State of California. I am over the age of 18 and not a
3 party to the within action; my business address is 1925 G Street, Bakersfield, California.
4 On April 8, 2022, I served the foregoing documents entitled
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• DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING
6 RESPONSES OF PLAINTIFF, BIG WASHINGTON, TO DEMANDS FOR
INSPECTION, SET THREE, AND FOR MONETARY SANCTIONS AGAINST BIG
7 WASHINGTON, LLC;
• DEFENDANTS’ MEMORANDUM IN SUPPORT OF MOTION FOR ORDER
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COMPELLING RESPONSES OF PLAINTIFF, BIG WASHINGTON, TO DEMANDS
9 FOR INSPECTION, SET THREE, AND FOR MONETARY SANCTIONS AGAINST
BIG WASHINGTON, LLC;
10 • DECLARATION OF ELIZABETH ESTRADA IN SUPPORT OF DEFENDANTS’
MOTION FOR ORDER COMPELLING RESPONSES OF PLAINTIFF, BIG
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WASHINGTON, TO DEMANDS FOR INSPECTION, SET THREE, AND FOR
12 MONETARY SANCTIONS AGAINST BIG WASHINGTON, LLC;
• [PROPOSED] ORDER
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on interested parties in this action as follows:
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15 Richard B. Jacobs Attorneys for Plaintiff, BIG WASHINGTON, LLC
LAW OFFICE OF RICHARD JACOBS
16 13512 Hatteras Street
Van Nuys, CA 91401-4517
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Email: richardjacobslaw@gmail.com
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[ ] BY MAIL: Pursuant to C.C.P. §1013(a). By placing ( ) the original or (X) a true copy thereof
19 enclosed in a sealed envelope. I am readily familiar with the firm’s practice of collection and
processing of documents for mailing. Under that practice it would be deposited with the United
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State Postal Service on that same day with postage thereon fully prepaid at Bakersfield,
21 California in the ordinary course of business.
22 [X] BY E-MAIL OR ELECTRONIC TRANSMISSION: Pursuant to C.C.P §1010.6, subsection
(e)(1), I caused the document(s) to be emailed to the person(s) at the email address(es) on the
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attached service list. No electronic message or other indication that the transmission was
24 unsuccessful was received within a reasonable time after the transmission.
25 [ ] (BY PERSONAL SERVICE), pursuant to C.C.P. §1011, by placing a true copy thereof
enclosed in an envelope and caused such envelope to be delivered by hand to the office(s) of the
26 addresses(s).
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[ ] (BY OVERNIGHT COURIER), pursuant to C.C.P. §1013(c)(d), I caused such envelope with
28 delivery fees prepaid to be sent by GENERAL LOGISTICS SYSTEMS, INC. (GSL).
Alexander & Associates
Attorneys at Law
1925 G Street
Bakersfield, CA 93301
(661) 316-7888
1 Executed on April 8, 2022, at Bakersfield, California.
2 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that
3 the above is true and correct.
4 [ ] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at
whose direction the service was made.
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6 /s/ Rocki L. Parnell /s/
ROCKI L. PARNELL
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Alexander & Associates
Attorneys at Law
1925 G Street
Bakersfield, CA 93301
(661) 316-7888
Preview
1 William L. Alexander (State Bar Number 126607) Elizabeth Estrada (State Bar Number 232302) 2 Alexander & Associates, PLC 3 1925 G Street Bakersfield, CA 93301 4 Phone: (661) 316-7888 Email: walexander@alexander-law.com; elizabeth@alexander-law.com 5 6 Attorneys for Defendants, Thomas H. Fry and Ruth M. Fry as Trustees of the T & R Fry Family Trust 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF KERN – METROPOLITAN DIVISION 10 BIG WASHINGTON, LLC, a California ) Case No. BCV-17-102341 BCB Limited Liability Company, ) 11 ) DEFENDANTS’ NOTICE OF MOTION Plaintiff, ) AND MOTION FOR ORDER 12 ) COMPELLING RESPONSES OF 13 vs. ) PLAINTIFF, BIG WASHINGTON, TO ) DEMANDS FOR INSPECTION, SET 14 BENHONG (AMERICA) RECYCLING CO. ) THREE, AND FOR MONETARY LTD, a California Limited Liability Company; ) SANCTIONS AGAINST BIG 15 ) WASHINGTON, LLC and THOMAS H. FRY and RUTH M. FRY as 16 Trustees of the T & R FRY FAMILY TRUST; ) and DOES 1 – 100, inclusive, ) Assigned to: Hon. Bernard C. Barmann, Jr. 17 ) Div.: H Defendants. ) 18 ) Date: May 6, 2022 19 ) Time: 8:30 a.m. ) Div. H 20 ) ) Complaint Filed: October 6, 2017 21 ) Trial Date: May 31, 2022 22 ) ) 23 24 TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: 25 PLEASE TAKE NOTICE THAT on May 6, 2022 at 8:30 a.m., or as soon thereafter as the 26 matter may be heard before the Honorable Bernard C. Barmann, Jr. in Division H of the Kern County 27 Superior Court located at 1215 Truxtun Avenue, Bakersfield, California 93301, defendants, Thomas 28 1 Alexander & Associates Attorneys at Law 1925 G Street NOTICE OF MOTION FOR ORDER COMPELLING BIG WASHINGTON’S RESPONSES TO DEMANDS FOR Bakersfield, CA 93301 (661) 316-7888 INSPECTION, SET THREE 1 H. Fry and Ruth M. Fry, Trustees of the T&R Fry Family Trust, will and hereby do move for an order 2 compelling the responses of plaintiff, Big Washington, LLC, to Demands for Inspection and 3 Production of Documents, Set Three, and for monetary sanctions against Big Washington, LLC in the 4 sum of $335.00. 5 This motion is made pursuant to Code of Civil Procedure, Section 2031.300 on the grounds 6 that Big Washington, LLC failed to serve responses to Demands for Inspection and Production of 7 Documents, Set Three. 8 This motion is based upon this Notice of Motion and Motion, the accompanying Memorandum, 9 the Declaration of Elizabeth Estrada, on such evidence as may be presented at or before the time of 10 hearing on this motion, and on the papers and documents in the Court’s file. 11 12 Date: April 8, 2022 ALEXANDER & ASSOCIATES, PLC 13 14 By: /s/ Elizabeth Estrada /s/ ELIZABETH ESTRADA 15 Attorneys for Defendants, Thomas H. Fry and Ruth M. Fry as Trustees of the T&R Fry Family 16 Trust 17 18 19 20 21 22 23 24 25 26 27 28 2 Alexander & Associates Attorneys at Law 1925 G Street NOTICE OF MOTION FOR ORDER COMPELLING BIG WASHINGTON’S RESPONSES TO DEMANDS FOR Bakersfield, CA 93301 (661) 316-7888 INSPECTION, SET THREE 1 PROOF OF SERVICE (C.C.P. §1013a, 2015.5) 2 I am employed in the County of Kern, State of California. I am over the age of 18 and not a 3 party to the within action; my business address is 1925 G Street, Bakersfield, California. 4 On April 8, 2022, I served the foregoing documents entitled 5 • DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING 6 RESPONSES OF PLAINTIFF, BIG WASHINGTON, TO DEMANDS FOR INSPECTION, SET THREE, AND FOR MONETARY SANCTIONS AGAINST BIG 7 WASHINGTON, LLC; • DEFENDANTS’ MEMORANDUM IN SUPPORT OF MOTION FOR ORDER 8 COMPELLING RESPONSES OF PLAINTIFF, BIG WASHINGTON, TO DEMANDS 9 FOR INSPECTION, SET THREE, AND FOR MONETARY SANCTIONS AGAINST BIG WASHINGTON, LLC; 10 • DECLARATION OF ELIZABETH ESTRADA IN SUPPORT OF DEFENDANTS’ MOTION FOR ORDER COMPELLING RESPONSES OF PLAINTIFF, BIG 11 WASHINGTON, TO DEMANDS FOR INSPECTION, SET THREE, AND FOR 12 MONETARY SANCTIONS AGAINST BIG WASHINGTON, LLC; • [PROPOSED] ORDER 13 on interested parties in this action as follows: 14 15 Richard B. Jacobs Attorneys for Plaintiff, BIG WASHINGTON, LLC LAW OFFICE OF RICHARD JACOBS 16 13512 Hatteras Street Van Nuys, CA 91401-4517 17 Email: richardjacobslaw@gmail.com 18 [ ] BY MAIL: Pursuant to C.C.P. §1013(a). By placing ( ) the original or (X) a true copy thereof 19 enclosed in a sealed envelope. I am readily familiar with the firm’s practice of collection and processing of documents for mailing. Under that practice it would be deposited with the United 20 State Postal Service on that same day with postage thereon fully prepaid at Bakersfield, 21 California in the ordinary course of business. 22 [X] BY E-MAIL OR ELECTRONIC TRANSMISSION: Pursuant to C.C.P §1010.6, subsection (e)(1), I caused the document(s) to be emailed to the person(s) at the email address(es) on the 23 attached service list. No electronic message or other indication that the transmission was 24 unsuccessful was received within a reasonable time after the transmission. 25 [ ] (BY PERSONAL SERVICE), pursuant to C.C.P. §1011, by placing a true copy thereof enclosed in an envelope and caused such envelope to be delivered by hand to the office(s) of the 26 addresses(s). 27 [ ] (BY OVERNIGHT COURIER), pursuant to C.C.P. §1013(c)(d), I caused such envelope with 28 delivery fees prepaid to be sent by GENERAL LOGISTICS SYSTEMS, INC. (GSL). Alexander & Associates Attorneys at Law 1925 G Street Bakersfield, CA 93301 (661) 316-7888 1 Executed on April 8, 2022, at Bakersfield, California. 2 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that 3 the above is true and correct. 4 [ ] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. 5 6 /s/ Rocki L. Parnell /s/ ROCKI L. PARNELL 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Alexander & Associates Attorneys at Law 1925 G Street Bakersfield, CA 93301 (661) 316-7888