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Photo of Kern Co Non Criminal Court

Court

Kern Co Non Criminal Court

California

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Case Information

Filed 2022-09-12
Status 11/02/2023 Conference
Type 14 Ed Eminent Domain/inverse Condemnation
Docket 130 entries
Disposition SETTLEMENT

Parties

Plaintiff Southern California Edison Company, A California Corporation
Defendant Robinson, Clyde David | Devries, Kathryn Ann | Mortgage Electronic Registration Systems, Inc. As Nominee For Loancity, A Delaware Corporation | Loancity, A California Corporation | U.s. Bancorp, A Delaware Corporation, Dba U.s. Bank Home Mortgage | Cross Southern California Edison Company
Photo of Hon. Zulfa David

Judge

Hon. Zulfa David

Kern County (CA)

California

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Docket Entries

  1. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Comment Re: 3.110 Hearing Date: 11/04/2022 Hearing Time: 8:30 AM Hearing Department/Division: J
  2. View Document Rejection/Correction Notice Comment Civil Case Cover Sheet: Has extra pages. Please only submit the requires amount of pages with filing. Court address needs to be corrected. Effective January 3, 2022 the Civil Department is located at 1215 Truxtun Avenue, Bakersfield, CA 93301. Please correct and re-file into the existing case.
  3. Comment Summary of the Basis for Appraisal Opinion in Support of Deposit, Declaration of Appraiser
  4. Comment Notice of Deposit of Probable Compensation
  5. Comment Notice of Pendency of Action [Lis Pendens]
  6. Served 07/05/20224:56 PM Served 07/05/20224:56 PM Served 07/14/202211:33 AM Served 07/03/202212:48 PM Unserved
  7. Comment Notice of Motion and Motion for Order for Prejudgment Possession of Plaintiff Southern California Edison Company
  8. Comment Declaration of Cynthia Calemmo in Support of Motion for Order for Prejudgment Possession
  9. Comment Re-Notice of Motion for Order for Prejudgment of Possession
  10. Comment as to LoanCity, via personal service
  11. Comment agent for service, Loan City
  12. View Document Rejection/Correction Notice Comment re; Proof of Service x4
  13. View Document Rejection/Correction Notice Comment To: Clyde d. Robinson and Kathryn A. Devries Re: Request to reserve documents Reason: Improper Filing. Please seek legal advice.
  14. View Document Rejection/Correction Notice Comment re; Proof of Service
  15. Comment as to Kathryn Ann Devries, via personal service
  16. Comment as to Clyde David Robinson, via personal service
  17. Comment as to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR LOANCITY, a Delaware corporation;, via personal service
  18. Comment as to Mortgage Electronic Registration Systems, Inc. as Nominee for Loancity, a Delaware corporation on complaint filed 6/21/22
  19. Comment As to Loancity, a California corporation on complaint filed 6/21/22
  20. Hearing Time 09:00 AM Result Ruling
  21. Hearing Time 08:30 AM Result Ruling
  22. Comment Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction or in the alternative an Order Shortening Time; Supporting memorandum of Points and Authorities; Supporting Declaration of Jeffrey M. Schwartz
  23. View Document Rejection/Correction Notice Comment To: Jeff Schwartz Re: Notice of Withdrawal of Removal of Aciton under 28 U.S.C 1331 Reason: The Notice of Withdrawal of Removel of Action and Proof of Service are not signed. Please review and resubmit.
  24. Comment Declaration of Clyde David Robinson ISO Ex Parte Application
  25. Comment Plaintiff's Opposition to Ex Parte Application for Temporary Restraining Order
  26. Comment of Withdrawal of Notice of Removal
  27. Comment Cross Complaint
  28. Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Result Held Comment Filed 8/22/2022 Ex-Parte Application Temporary Restraining Order
  29. View Document Rejection/Correction Notice Comment To:Jeff Schwartz Re: Demurrer, Declarations of Jeff Schwartz and Clyde Robinson Reason: Please contact the Clerk;s office at (661) 868-7204 to make a reservation for the Demurrer and then complete Demurrer Date and Time info for your notice and resubmit. Please review.
  30. Comment Opposition to Motion for Prejudgment Possession
  31. Comment Declaration of Clyde David Robinson ISO Opposition to Motion for Prejudgment Possession
  32. Comment Request for Relief for Untimely Opposition; Declaration of Jeffrey M Schwartz
  33. Comment Declaration of Clyde David Robinson iso Demurrer
  34. Comment Declaration of Jeffrey M. Schwartz iso Demurrer
  35. Comment Demurrer
  36. Comment Motion to Strike Portions of Cynthia D Calemmo's Declaration
  37. Comment Supplemental Opposition to Ex Parte Application for Temporary Restraining Order an Order to Show Cause Re: Preliminary Injunction: or in the alternative an Order Shortening Time: Memorandum of Points and authorities
  38. Comment Reply to Opposition to Application for temporary Restraining Order and order to Show Cause Re Preliminary Injunction
  39. Comment Request for Relief for Untimely Reply; Declaration of Jeffrey M. Schwartz
  40. Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Result Held Comment Re Preliminary Injunction (Ex Parte order 8/23/22)
  41. Comment of Clyde David Robinson and Kathryn Ann Devries
  42. Cross Action Contempt File Date 09/12/2022
  43. Comment as to Doe 1 U.S. Bancorp, A Delaware Corporation DBA U.S. Bank Home Mortgage
  44. Comment PLAINTIFF SOUTHERN CALIFORNIA EDISON S OPPOSITION TO DEMURRER
  45. Comment Reply to Opposition to Demurrer
  46. Comment Declaration of Clyde David Robinson ISO Reply to Opposition to Demurrer
  47. Comment Notice of Errata to Complaint of Plaintiff Southern California Edison Company
  48. Comment Plaintiff's Notice of Errata to Lis Pendens
  49. Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Result Held Comment 8/23/2022 Defendants Kathryn A. Devries and Clyde D. Robinson Motion for Demurrer
  50. Comment Notice of Errata to Summary of the Basis for Appraisal; Re-Notice of Motion; Opposition to Demurrer and Notice of Deposit
  51. Comment Without Prejudice as to Complaint for All Persons Unknown Claiming any Interest in or Title to the Property Described Herein
  52. View Document Rejection/Correction Notice Comment re; Proof of Service
  53. Comment as to (Doe 1) U.S. Bankcorp, a Delaware corporation, dba U.S. Bank home mortgage, via personal service
  54. Comment Reply to Opposition to Motion for Order of Prejudgment Possession of Plaintiff Southern California Edison Company
  55. Comment Declaration of Debra Garfinkle in Support of Reply in support of Motion for Order for Prejudgment Possession
  56. Comment Declaration of Roger Overstreet in Support of Reply in Support of Motion for Order for Prejudgment Possession
  57. Comment Declaration of William Payne in Support of Reply In Support of Motion for Order for Prejudgment Possession
  58. Comment Evidentiary Evidentiary Objection to Inadmissible Statements in Declaration of Clyde David Robinson
  59. Judicial Officer Bradshaw, J. Eric Comment ***GRANTED particularly described in Edison's Complaint 0n file ("Property"); THE COURT HEREBY FINDS AND ORDERS as follows: 1. Edison is authorized by law t0 take the Property by eminent domain. 2. Edison has deposited With the State Treasurer an amount 0f compensation for the taking 0f the Property that complies With Code 0f Civil Procedure sections 1255.010 et seq. 3. Edison is authorized and empowered t0 enter upon and take prejudgment possession 0f the Property for the purposes described in Edison's Complaint on file in this action, pursuant t0 Code 0f Civil Procedure section 1255.410. 4. Service 0f this Order shall be made in the manner specified in Code 0f Civil Procedure section 1255.450, subdivisions (b), (d) and (t). Edison shall be entitled t0 take possession 0f the Property thirty (30) days after service 0f this Order. 5. Possession and use 0f the Property interests shall commence once notice is provided pursuant t0 the terms 0f the Grant of Easement attached t0 the Complaint. 6. If the owner(s) 0r 0ccupant(s), if any, fail t0 deliver possession 0f the Propertyupon the demand 0f Edison pursuant t0 this Order, a Writ 0f Assistance may issue ex parte upon the affidavit 0f a representative of Edison showing that such owner(s) 0r occupant(s), if any, have failed t0 deliver possession 0f the Property.
  60. Comment Notice of Ruling Overuling Defendant's Demurrer
  61. Comment Opposition to Motion to Strike Declaration of Cynthia Calemmo
  62. View Document Rejection/Correction Notice Comment To: Jeff Schwartz Re: Petition for Writ of Mandate-Stay Requested for Hearing on Motion for Prejudgment Possession Reason: This Document is to be filed with the Appeals Department. Please review.
  63. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Cancel Reason Dismissal Filed
  64. Comment as to U.S. BANCORP, A DELAWARE CORPORATION, DBA U.S. BANK HOME MORTGAGE (DOE 1) on complaint filed 6/21/22
  65. Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Result Held Comment 6/29/2022 Renotice filed 6/29/2022 Plaintiffs Motion for Order for Pre-Judgment Possession
  66. Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Result Held Comment 8/23/2022 DE Motion to strike Portions of Cynthia D Calemmo's Declaration
  67. Comment Answer to Complaint (No Fee)
  68. Comment Notice of Entry of Granting Motion for Prejudgment Possession
  69. Comment Notice of Entry of Order of Prejudgment Possession
  70. Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Cancel Reason Other Comment Reserved Date: 6/28/22 Due Date: 7/1/2022 Plaintiffs Motion for Order for Pre-Judgment Possession Julie 714-334-9051
  71. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Result Held
  72. View Document Rejection/Correction Notice Comment Re Notice of Jury Deposit Documents submitted are not signed by the Attorney
  73. Comment e of Demand for Exchange of Expert Witness List and Appraisals
  74. Comment processed trust withdrawal refund in the amount of $435 to Jeffrey M Schuwartz. Completed 01/18/2023 CB
  75. Comment Notice of Motion and Motion to Compel Responses to Requests for Production of Documents (Set One) and for Monetary Sanctions; Memorandum of Points and Authorities; Declaration of Bradford B. Kuhn in support thereof
  76. Comment Notice of Motion and Motion to Compel the Deposition of Kathryn Ann Devries and for Monetary Sanctions; Memorandum of Points and Authorities; Declaration of Bradford B. Kuhn in support thereof
  77. Comment Motion to Compel the Deposition of Clyde David Robinson and for Monetary Sanctions
  78. Comment Submission Order
  79. Comment Notice of Non-Opposition to Motion to Compel the Deposition of Clyde David Robinson and for Monetary Sanctions
  80. Comment Notice of Non-Opposition to Motion to Compel the Deposition of Kathryn Ann Devries and for Monetary Sanctions
  81. Comment Notice of Non-Opposition to Motion to Compel Responses to Plaintiff's Requests for Production of Documents (Set One) and for Monetary Sanctions
  82. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Multiple Motions Held Comment 2/23/2023 PL motion to Compel Responses to Plaintiff's Request for Production of Documents
  83. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Multiple Motions-Various Issues Comment 2/27/2023 Plaintiff's Motion to Compel the Deposition of Kathryn Ann Devries
  84. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Multiple Motions-Various Issues Comment 2/27/2023 Plaintiff's Motion to Compel Deposition of Clyde David Robinson
  85. Comment and Show Cause as to Why Sanctions Should Not be Imposed
  86. View Document Rejection/Correction Notice (Appeals) Comment Cover Note
  87. Comment on Appeal
  88. Comment Motion to be relieved as counsel
  89. Comment Declaration in support of Attorney's Motion to be Relieved As Counsel
  90. Comment Southern California Edison Companys Notice of Motion and Motion to Strike and/or Tax Costs; Memorandum of Points and Authorities (Motions)
  91. Comment Declaration of Steven M. Silva in Support of Motion to Strike and/or Tax Costs (Declarations)
  92. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Multiple Motions-Various Issues Comment Filed 2/27/2023, Cont'd from 03/27/23 Plaintiff's Motion to Compel Deposition of Clyde David Robinson
  93. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Multiple Motions-Various Issues Comment Filed 2/27/2023, Cont'd from 03/27/23 Plaintiff's Motion to Compel the Deposition of Kathryn Ann Devries
  94. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Multiple Motions Held Comment Filed 2/23/2023, Cont'd from 03/27/23 PL motion to Compel Responses to Plaintiff's Request for Production of Documents
  95. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held Comment OSC Re: Imposition of Sanctions in the amount of $1,000 as to Plaintiff's counsel Jeffrey M Schwartz for FTA at Motion to Compel hearings on 03/27/23
  96. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held Comment OTA as to Plaintiff's counsel Jeffrey M Schwartz for FTA at Motion to Compel hearings on 03/27/23
  97. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held Comment Re Outcome of writ matters/further hearing consistent with appellate court ruling Hearing After Remittitur on Appeal (04/03/23)
  98. Judicial Officer Zulfa, David
  99. Comment Opposition to Motion to Strike and/or Tax Costs
  100. Comment Declaration of Clyde David Robinson iso Opposition to Motion to Strike and/or Tax Costs
  101. Comment Notice of Motion and Motion to Claim Attorney Fees on Appeal
  102. Comment Declaration of Clyde David Robinson in Support of Motion to Claim Attorney Fees on Appeal
  103. Judicial Officer Zulfa, David Comment (1) to Continue Hearing on Plaintiff's Motion to Strike and/or Tax Costs and Other Matters and (2) for Immediate Access The Court having reviewed the above Stipulation, and good cause appearing, IT IS HEREBY ORDERED AS FOLLOWS: 1. The hearing on plaintiff Southern California Edison Company's ("Edison") Motion to Strike and/or Tax Costs, currently set for hearing on June 2, 2023, is continued by 60 days to August 1, 2023, at 8:30 a.m., or as soon thereafter as may be available, in Division J of the above-entitled court ("Hearing Date"), and the due dates for any opposition to the motion and reply shall be in accordance with the continued Hearing Date. 2. Edison's amended motion for prejudgment possession shall be set for the Hearing Date, and the due dates for any opposition to the motion and reply shall be in accordance with the continued Hearing Date. 3. The deadline for defendant Clyde David Robinson to serve responses to Edison's Request for Production of Documents, Set One, and hearing on monetary sanctions to be paid by Mr. Robinson are continued to the Hearing Date. 4. The deadline for the selection of date by which defendants Clyde David Robinson and Kathryn Ann DeVries (collectively, "Defendants") shall schedule in-person depositions is continued to the Hearing Date. 5. The hearing on monetary sanctions to be paid by Defendants for failure to appear and testify at deposition are continued to the Hearing Date. 6. Defendants shall immediately allow Edison access to enter upon and travel over their property located at 477 Burlando Road, in the unincorporated area of Kern County, California, designated as Kem County Assessor's Parcel Number 054-250-05 (the "Property") from Rio Vista Drive to the pad prepared by Defendants, for the purpose of completing the splice repair of Edison's aerial transmission line facilities located above the Property, and shall cooperate with Edison personnel to facilitate the repair. 7. Edison's splice repair requires an outage of the transmission line and necessitates lead time for planning. If Defendants fail to allow Edison said access to complete the splice repair of Edison's aerial transmission line facilities located on the Property upon the demand of Edison pursuant to the Parties' Stipulation and this Order, Edison shall be entitled to the use of law enforcement to enforce this Order and/or a Writ of Assistance may issue ex parte upon the affidavit of a representative of Edison showing that said Defendants have failed to allow Edison such access to the Property. Should Edison violate or exceed the rights granted by this Order, the Defendants shall be entitled to the assistance of law enforcement or to seek relief from this Court.
  104. Judicial Officer Zulfa, David Hearing Time 8:30 AM Cancel Reason Court's Own Motion Comment 4/18/2023 Defendant: Robinson Motion to be Relieved as Counsel
  105. Judicial Officer Zulfa, David Comment to Continue Status Conference and hearing on Application for Fees The Court having reviewed the above Stipulation, and good cause appearing, IT IS HEREBY ORDERED AS FOLLOWS: 1. The Case Status Conference currently set for hearing on June 2, 2023, is continued by 60 days to August 1, 2023, at 8:30 a.m., or as soon thereafter as may be available, in Division J of the above-entitled court. 2. The hearing on Defendant Clyde David Robinson and Kathryn Ann Devries' Motion to Claim Attorney Fees on Appeal currently set for hearing on June 2, 2023, is likewise continued by 60 days to August 1, 2023, at 8:30 a.m., or as soon thereafter as may be available in Division J of the above-entitled court. 3. All related deadlines for briefing or filing related to either the Case Status Conference and/or any opposition or reply concerning the Motion to Claim Attorney Fees on Appeal are likewise continued, and shall be in accordance with the continued hearing date.
  106. Comment of Judgment or Order
  107. Comment to Motion to Compel the Deposition to Compel the Deposition of Clyde David Robinson and for Monetary Sanctions
  108. Comment Declaration of Clyde David Robinson iso Oppositon to Motion to Compel the Deposition of Clyde David Robinson
  109. Comment Opposition to Motion to Compel theDeposition of Kathryn Ann Devries and for Monetary Sanctions
  110. Comment Declaration of Kathryn Ann Devries iso Opposition to Motion to Compel the Depostion of Kathryn Ann Devries and for Monetary Sanctions
  111. Judicial Officer Zulfa, David Comment to Continue (1) Status Conference, (2) Hearing on Application for Fees, (3) Hearing on Motion to Strike and/or Tax Costs; (4) Hearing After Remittitur; (5) Hearing on Motion for Monetary Sanctions; and (6) Trial The Court having reviewed the above Stipulation, and good cause appearing, IT IS HEREBY ORDERED AS FOLLOWS: 1. The following hearings, motions, and status conference, currently set for August 1, 2023, are continued for approximately 90 days, to November 2, 2023, at 8:30 a.m.: The Case Status Conference; The hearing on Defendant Clyde David Robinson and Kathryn Ann Devries' Motion to Claim Attorney Fees on Appeal; The hearing on Edison's Motion to Strike and/or Tax Costs and Other Matters; All hearings on Edison's Motions for Monetary Sanctions to be paid by Defendants regarding Depositions and Production of Documents; and The hearing after remittitur on appeal. 2. All related deadlines for briefing or filing related to any of the above hearings, motions and conferences, are likewise continued, and shall be in accordance with the continued hearing date. 3. The trial in this matter currently set for November 6, 2023, is likewise continued to April 29, 2024. 4. All pretrial deadlines are likewise continued by the same amount of time as the continuance of trial, including the mandatory pretrial conference, pretrial filings and motions, and discovery deadlines.
  112. Judicial Officer Barmann, Bernard C., Jr. Hearing Time 9:00 AM Comment Division J. FCMC 11/3/23. TRIAL. 11/6/23. T/E 3-5 DAYS
  113. Judicial Officer Zulfa, David Hearing Time 8:30 AM Comment FILED 4/19/23 SOUTHERN CALIFORNIA EDISON COMPANY'S NOTICE OF MOTION AND MOTION TO STRIKE AND/OR TAX COSTS
  114. Judicial Officer Zulfa, David Hearing Time 8:30 AM Comment Hearing After Remittitur on Appeal (04/03/23) Re Writ of Possession Set from 05/03/23- The Court also to address Plaintiff's request for monetary sanctions
  115. Judicial Officer Zulfa, David Hearing Time 8:30 AM Comment 5/4/2023 DE: Clyde David Robinson and Kathryn Ann DeVries Motion to Claim Attorney fees on Appeal
  116. Judicial Officer Zulfa, David Hearing Time 01:30 PM Comment Jury trial set on 11/06/2023 Time estimate: 3-5 days Defendant's jury
  117. Judicial Officer Zulfa, David Hearing Time 09:30 AM Comment Defendant's jury Time estimate: 3-5 days

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