On March 02, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
David Pavone, As Trustee Of The Jerome Pavone Living Trust,
Jerome Pavone,
and
All Persons Unknown, Claiming Any Legal Or Equitable Right, Title, Estate, Lien, Or Interest In The Subject Property Described Herein Adverse To Plaintiff'S Title,
Denney, Alicia,
Denney, John B.,
for 26-CV Other Real Property-Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Traffic Courtroom T-2
3131 Arrow Street, Bakersfield, CA 93308
Hearing Date: 05/09/2024 Time: 8:30 AM - 12:00 PM
PAVONE ET AL VS DENNEY ET AL
BCV-23-100656
Honorable: T. Mark Smith Clerk: Robin L. McDonald
Court Reporter: None Bailiff: Deputy Sheriff
Interpreter: Language Of:
PARTIES:
Present:
DAVID PAVONE, AS TRUSTEE OF THE JEROME CUTTONE, BRIAN K Attorney, Present
PAVONE LIVING TRUST Plaintiff, Not Present
PAVONE, JEROME Plaintiff, Not Present CUTTONE, BRIAN K Attorney, Present
DENNEY, ALICIA Defendant, Not Present CLEMENCE, JARED Attorney, Present
DENNEY, JOHN B. Defendant, Not Present CLEMENCE, JARED Attorney, Present
DENNEY, ALICIA CLEMENCE, JARED Attorney, Present
AKA YUBETA, ALICIA Cross Complainant, Not
Present
DAVID PAVONE, AS TRUSTEE OF THE JEROME CUTTONE, BRIAN K Attorney, Present
PAVONE LIVING TRUST Cross Defendant, Not
Present
PAVONE, JEROME Cross Defendant, Not Present CUTTONE, BRIAN K Attorney, Present
Not Present:
ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL
OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR
INTEREST IN THE SUBJECT PROPERTY DESCRIBED
HEREIN ADVERSE TO PLAINTIFF'S TITLE
Defendant
ALL PERSONS UNKNOWN CLAIMING ANY
INTEREST IN THE PROPERTY Cross Defendant
Attorney Brian K. Cuttone appeared via audio/video communication on behalf of Plaintiff.
Attorney Jared Clemence appeared via audio/video communication on behalf of Defendants Alicia Denney and
John B. Denney.
NATURE OF PROCEEDINGS: MOTION FOR SANCTIONS UNDER CODE OF CIVIL PROCEDURE SECTION 128.5 IN THE
AMOUNT OF $9,945.92; FILED BY DEFENDANTS ALICIA DENNEY AND JOHN B. DENNEY.
Hearing Start Time: 9:08 AM
The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
MINUTES
Page 1 of 2
PAVONE ET AL VS DENNEY ET AL BCV-23-100656
The Court announces its tentative in open court.
Cause heard and submitted.
The Court makes the following findings and orders:
The Court adopts its tentative.
Motion for Sanctions Under Code of Civil Procedure Section 128.5 is denied. Defendants failed to comply with the
safe harbor provision per CCP § 128.5(f)(1)(B).
Court deems the minute order as the order of the Court.
MINUTES FINALIZED BY: ROBIN MCDONALD ON: 5/9/2024
MINUTES
Page 2 of 2
PAVONE ET AL VS DENNEY ET AL BCV-23-100656
Document Filed Date
May 09, 2024
Case Filing Date
March 02, 2023
Category
26-CV Other Real Property-Civil Unlimited
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Preview
Superior Court of California County of Kern Bakersfield Traffic Courtroom T-2 3131 Arrow Street, Bakersfield, CA 93308 Hearing Date: 05/09/2024 Time: 8:30 AM - 12:00 PM PAVONE ET AL VS DENNEY ET AL BCV-23-100656 Honorable: T. Mark Smith Clerk: Robin L. McDonald Court Reporter: None Bailiff: Deputy Sheriff Interpreter: Language Of: PARTIES: Present: DAVID PAVONE, AS TRUSTEE OF THE JEROME CUTTONE, BRIAN K Attorney, Present PAVONE LIVING TRUST Plaintiff, Not Present PAVONE, JEROME Plaintiff, Not Present CUTTONE, BRIAN K Attorney, Present DENNEY, ALICIA Defendant, Not Present CLEMENCE, JARED Attorney, Present DENNEY, JOHN B. Defendant, Not Present CLEMENCE, JARED Attorney, Present DENNEY, ALICIA CLEMENCE, JARED Attorney, Present AKA YUBETA, ALICIA Cross Complainant, Not Present DAVID PAVONE, AS TRUSTEE OF THE JEROME CUTTONE, BRIAN K Attorney, Present PAVONE LIVING TRUST Cross Defendant, Not Present PAVONE, JEROME Cross Defendant, Not Present CUTTONE, BRIAN K Attorney, Present Not Present: ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE SUBJECT PROPERTY DESCRIBED HEREIN ADVERSE TO PLAINTIFF'S TITLE Defendant ALL PERSONS UNKNOWN CLAIMING ANY INTEREST IN THE PROPERTY Cross Defendant Attorney Brian K. Cuttone appeared via audio/video communication on behalf of Plaintiff. Attorney Jared Clemence appeared via audio/video communication on behalf of Defendants Alicia Denney and John B. Denney. NATURE OF PROCEEDINGS: MOTION FOR SANCTIONS UNDER CODE OF CIVIL PROCEDURE SECTION 128.5 IN THE AMOUNT OF $9,945.92; FILED BY DEFENDANTS ALICIA DENNEY AND JOHN B. DENNEY. Hearing Start Time: 9:08 AM The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. MINUTES Page 1 of 2 PAVONE ET AL VS DENNEY ET AL BCV-23-100656 The Court announces its tentative in open court. Cause heard and submitted. The Court makes the following findings and orders: The Court adopts its tentative. Motion for Sanctions Under Code of Civil Procedure Section 128.5 is denied. Defendants failed to comply with the safe harbor provision per CCP § 128.5(f)(1)(B). Court deems the minute order as the order of the Court. MINUTES FINALIZED BY: ROBIN MCDONALD ON: 5/9/2024 MINUTES Page 2 of 2 PAVONE ET AL VS DENNEY ET AL BCV-23-100656