This case was last updated from Kern County Superior Courts on 02/13/2018 at 18:21:20 (UTC).

TAYLOR VS BONNER

Case Summary

On 03/27/2013 TAYLOR filed a Small Claim - Other Small Claim lawsuit against BONNER. This case was filed in Kern County Superior Courts, Metropolitan Branch located in Kern, California. The Judge overseeing this case is Etienne, Linda S.. The case status is Disposed - Judgment Entered.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    *********6621

  • Filing Date:

    03/27/2013

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Small Claim - Other Small Claim

  • Court:

    Kern County Superior Courts

  • Courthouse:

    Metropolitan Branch

  • County, State:

    Kern, California

Judge Details

Judge

Etienne, Linda S.

 

Party Details

Plaintiffs

TAYLOR, KIM

SCHAFFER, DAVID

Defendant

BONNER, DAVID

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 07/01/2013
  • Notice of Entry of Judgment Mailed to All Parties - Comment: Document Image

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  • 06/25/2013
  • NP1821 - Comment: Department: 12 Calendar Notes: NATURE OF PROCEEDINGS: RULING ON: TRIAL BY COURT HEREBY SUBMITTED ON 05/28/2013 DISPOSED AFTER COURT TRIAL, AFTER EVIDENCE BY BOTH SIDES (STATISTICAL PURPOSES ONLY). THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS: PLAINTIFFS SUE FOR DAMAGES RESULTING FROM WRONGFUL EVICTION. PLAINTIFF KIM TAYLOR WAS A TENANT, AND BOTH PLAINTIFFS RESIDED IN THE PROPERTY. THEY CONTEND THAT DEFENDANT REMOVED THEIR PERSONAL POSSESSIONS FROM THE PREMISES WHILE PLAINTIFFS WERE ABSENT FROM THE PREMISES. MARY SAWYER WAS CALLED AS A WITNESS BY THE PLAINTIFFS. SHE TESTIFIED THAT SHE WAS CALLED BY THE PLAINTIFFS AT THE TIME THEY CAME HOME TO SEE THEIR BELONGINGS REMOVED FROM THE PREMISES. SHE OBSERVED SHERIFF'S DEPUTIES PRESENT, AND SAW HOUSEHOLD BELONGINGS AND FURNISHINGS OUTSIDE THE PREMISES. THE ITEMS THAT WERE OUTSIDE THE PREMISES INCLUDED MATTRESSES, BOX SPRINGS, STEREO EQUIPMENT AND FURNITURE. SHE NOTED ALSO THAT IT WAS RAINING AT THE TIME. SHE STATED THAT IT APPEARED TO BE A "TRASH OUT," MEANING THAT THE LANDLORD HAD ENTERED AND SIMPLY REMOVED EVERYTHING IN THE PREMISES TO BE HAULED AWAY. DEFENDANT OFFERED NO SUBSTANTIAL EVIDENCE TO PROVE THAT HE HAD THE LEGAL RIGHT TO POSSESSION AT THE TIME THAT THE ITEMS WERE REMOVED. HE CLAIMS THAT HE HAD HAD A CONVERSATION WITH MR. SCHAFFER, WHO HAD TOLD DEFENDANT THAT HE WAS SURPRISED THAT NO ONE HAD TOLD HIM THAT PLAINTIFFS HAD MOVED OUT. EVEN IF THAT IS SUFFICIENT TO CONSTITUTE A TERMINATION OF A TENANCY, WHICH IS DOUBTFUL, THE INFORMATION DID NOT COME FROM THE TENANT. THERE WAS NO EVIDENCE THAT EITHER THE TENANT, MS. TAYLOR, OR THE DEFENDANT TOOK ANY STEPS NECESSARY TO FORMALLY END THE TENANCY AND RESTORE TO THE DEFENDANT THE RIGHT TO POSSESSION OF THE PROPERTY. THERE WAS, FURTHERMORE, NO EVIDENCE THAT DEFENDANT TOOK ANY STEPS NECESSARY TO DETERMINE THAT THE PERSONAL PROPERTY HAD BEEN ABANDONED, AND TO SECURE THE RIGHT TO DISPOSE OF IT. REMOVAL OF PERSONAL ITEMS FROM THE PROPERTY WAS, THEREFORE, UNLAWFUL. DEFENDANT'S WITNESS DESCRIBED THE PROPERTY AS WORN AND DIRTY, AND OFFERED EVIDENCE OF THE ITEMS HE REMEMBERS BEING REMOVED, BUT OFFERED NO OPINION AS TO THE ACTUAL VALUE OF THE ITEMS THAT WERE ADMITTEDLY REMOVED. IT IS OBVIOUS THAT PLAINTIFFS WERE ALERTED TO THE REMOVAL OF THE PROPERTY BEFORE IT WAS DISPOSED OF, AND THERE WAS NO EVIDENCE THAT THEY WERE IN ANY WAY PREVENTED FROM TAKING THOSE ITEMS THAT WERE NOT DAMAGED BY REMOVAL OR BY THE RAIN. PLAINTIFFS HAVE AN AFFIRMATIVE DUTY TO MITIGATE THEIR DAMAGES, SO THEY MAY NOT SIMPLY THEMSELVES ABANDON THEIR UNDAMAGED PERSONAL PROPERTY AND CLAIM THEIR VALUE FROM PLAINTIFF. JUDGMENT FOR PLAINTIFFS AGAINST DEFENDANT FOR PRINCIPAL $750.00 PLUS COURT COSTS OF $85.00. SMALL CLAIMS CLERK TO ATTACH RULING TO NOTICE OF ENTRY OF JUDGMENT.

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  • 05/28/2013
  • NP1500 - Comment: Department: 12 Calendar Notes: NATURE OF PROCEEDINGS: TRIAL BY COURT. HEARING BEFORE TRIAL. THE ABOVE ENTITLED CAUSE CAME ON REGULARLY AT THIS TIME TODAY FOR HEARING WITH PARTIES PRESENT AS FOLLOWS: KIM TAYLOR (PL-1) APPEARS IN PROPRIA PERSONA. DAVID SCHAFFER (PL-2) APPEARS IN PROPRIA PERSONA. DAVID BONNER (DE-1) APPEARS IN PROPRIA PERSONA. *************************************************************************************** PLAINTIFF IS DULY SWORN AND TESTIFIES. MARY SAWYER DULY SWORN AND TESTIFIES ON BEHALF OF THE PLAINTIFF. EVIDENCE PRESENTED BY PLAINTIFF. DEFENDANT IS DULY SWORN AND TESTIFIES. THE FOLLOWING WITNESSES ARE DULY SWORN AND TESTIFY ON BEHALF OF THE DEFENDANT: KEN SHOULDERS EVIDENCE PRESENTED BY DEFENSE. THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS: CAUSE STANDS SUBMITTED.

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  • 05/28/2013
  • 4150 Small Claims Trial - Comment: Hearing Entered.

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  • 05/28/2013
  • Small Claims Trial - Original Type: Small Claims Trial; Judicial Officer: Etienne, Linda S.; Hearing Time: 09:30 AM; Result: CONV; Comment: Parties Present Plaintiff: TAYLOR, KIM; Defendant: BONNER, DAVID; Plaintiff: SCHAFFER, DAVID

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  • 05/17/2013
  • Mail Returned Undelivered - Comment: ADDRESSED TO DAVID SCHAFFER

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  • 04/12/2013
  • Proof of Service - Comment: AS TO DAVID BONNER

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  • 03/29/2013
  • Initial Order on Court Fee Waiver - Granted - Comment: AS TO KIM TAYLOR

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  • 03/29/2013
  • Initial Order on Court Fee Waiver - Granted - Comment: AS TO DAVID SCHAFFER (MAILED FEE WAIVER GRANTED 3/29/13)

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  • 03/29/2013
  • CONV - Comment: New case created by deputy: 678

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  • 03/27/2013
  • Request to Waive Court Fees - Comment: AS TO KIM TAYLOR

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  • 03/27/2013
  • Request to Waive Court Fees - Comment: AS TO DAVID SCHAFFER

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  • 03/27/2013
  • Plaintiff's Claim and Order to Defendant - Comment: ENDORSED COPIES MAILED WITH FEE WAIVER GRANTED TO PL-1

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