(Names and locations changed to protect the guilty.)
Style of the judge: Gentlemanly, accommodating, concerned about what the parties want.
SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF CALAMITY
HONORABLE ROY LeGUMÉ PRESIDING
May 5, 2000
01-08 THE COURT: Two. Jones versus Smith. 01-09 MR. JONES: Good morning, your Honor. 01-10 THE COURT: Hello, how are you? 01-11 MR. JONES: Fine. 01-12 MR. DUNNO: Good morning. That was number 01-13 two, Jones versus Smith? George Dunno for Robert 01-14 Smith. 01-15 THE COURT: What do you want me to do on this 01-16 case today? 01-17 MR. JONES: Well, at this time, I believe 01-18 we're ready to move forward. So it is my wish that the 01-19 first amended action be refiled, and that it be done so 01-20 in within the next 60 days. 01-21 THE COURT: You want to file an Amended 01-22 Complaint? 01-23 MR. JONES: A First-Amended Action, as 01-24 discussed earlier. Actually, in the first couple 01-25 hearings of this case. 01-26 THE COURT: Well,, whatever. You don't want 02-01 me to set a trial date yet? 02-02 MR. JONES: No. I have to file the 02-03 First-Amended Action before you can do that. 02-04 THE COURT: Okay. Make a motion. We'll set 02-05 another case management conference in this case, and 02-06 you can -- you'll have to file a motion to file a 02-07 First-Amended Complaint. 02-08 MR. JONES: Oh. 02-09 THE COURT: That's how it works, unless they 02-10 agree to it. 02-11 MR. DUNNO: I was looking -- we're just 02-12 representing Robert Smith. I'm not sure what the 02-13 First-Amended Action is going to be. Are you going to 02-14 name some new people? 02-15 MR. JONES: There are a couple of different 02-16 issues involved in that, yes. And as far as I 02-17 understand it, they acquiesced to it. We gave 02-18 everybody notice, and they had time to object to it, 02-19 and nobody objected to it. So, as far as I'm 02-20 concerned, it's ready to be -- it should be filed. 02-21 MR. DUNNO: Okay. I'm sorry. It's not my 02-22 file. I don't have all the details. I have that we 02-23 are -- we've -- we're defending Robert Smith only. 02-24 there's somebody else who is going to be brought in, 02-25 and there's been some discussion on that -- 02-26 MR. JONES: Well, it would -- this whole 03-01 issue has been discussed over the last half dozen 03-02 months, on and off. 03-03 MR. DUNNO: I'm not unclear as to what it is 03-04 about. I'm -- I'm unclear -- 03-05 MR. JONES: I guess I have to file the 03-06 First-Amended Action to make that clear. 03-07 THE COURT: They don't agree. You have to 03-08 file a motion. 03-09 MR. JONES: I don't know the exact date we 03-10 notified everybody that we intended to do so. Within 03-11 the time frame given, as far as I'm concerned. 03-12 Everybody acquiesced to the filing of the First-Amended 03-13 Action. 03-14 THE COURT: Well, I don't think -- I'll just 03-15 put it out another 60 days, or so, for case management, 03-16 and you'll have to file a noticed motion. 03-17 MR. JONES: Okay. I'm -- I'll do the 03-18 research on that and see what needs to be done then. 03-19 MR. DUNNO: Or if it's something we can agree 03-20 on by stipulation, call and let's talk about it. 03-21 MR. JONES: Okay. Evidently -- 03-22 MR. DUNNO: If you're going to be naming 03-23 anybody else -- 03-24 MR. JONES: Everybody ignored it, to date, by 03-25 what's been filed in the file. So, like I said, it was 03-26 notified up -- 04-01 THE COURT: Wait. Contempt? That what 04-02 you're talking about? 04-03 MR. JONES: No. It goes way back farther 04-04 than that. 04-05 THE COURT: Farther than that? 04-06 MR. JONES: It was probably this -- oh, I 04-07 don't have my file with me, but it was -- sorry. But 04-08 it was at least six months ago that we gave notice of 04-09 filing of the First-Amended Action and gave everybody 04-10 30 or 60 days in which to respond and object if they so 04-11 wished to lodge such an objection. Nobody objected so 04-12 we moved forward, filed the First-Amended Action, which 04-13 was handled as it was. 04-14 THE COURT: It got sent -- yeah, that's the 04-15 one that got sent back to you. 04-16 MR. JONES: Right. 04-17 THE COURT: And which the -- 04-18 MR. JONES: The administrator and procedural 04-19 issues we've been dealing with to this point -- 04-20 THE COURT: The clerk sent it back. They 04-21 filed it, and then they realized, as I recall, that 04-22 they -- here it is. June 9th of '99, about that or -- 04-23 on/or about that time. 04-24 MR. JONES: Maybe more than six months ago. 04-25 THE COURT: Filed on demand. Was filed -- 04-26 First-Amended Action was filed on demand. This was - 05-01 this is what the clerk said. 05-02 MR. JONES: I believe, even before the 05-03 hearing, before that -- that you agreed that the 05-04 First-Amended Action should be filed. 05-05 THE COURT: Well, I said you should -- 05-06 MR. JONES: I don't remember these -- 05-07 THE COURT: The problem is, I can't remember 05-08 now. 05-09 MR. JONES: It's been a while. 05-10 THE COURT: Anyway, it got rejected by the 05-11 Court and sent back to MR. Jones, and then ensued a 05-12 series of debates over some issues. 05-13 MR. JONES: Yes. 05-14 THE COURT: But there was a First-Amended 05-15 Complaint that was attempted to be filed back June 9th 05-16 of '99 and I indicated that there was no leave of 05-17 court, or stipulation, or dully noticed motion. We can 05-18 disagree with that still, I suppose, but -- 05-19 MR. JONES: I'll have to get to the 05-20 paperwork, and I'll -- 05-21 THE COURT: -- but he did attempt to file 05-22 something. 05-23 MR. DUNNO: Okay. 05-24 THE COURT: So if you don't want me to set a 05-25 trial date, I won't, yet. 05-26 MR. JONES: Not yet. I think we need to 06-01 handle this issue since all the past issues have been 06-02 resolved. 06-03 THE COURT: You want to come in in 60 days? 06-04 MR. JONES: Think that should be fine. 06-05 THE COURT: Wednesday again? 06-06 MR. JONES: Sure, Wednesdays are great. 06-07 THE COURT: Wednesdays with -- if, you know, 06-08 June 7th at 8:30. You want official notice? 06-09 MR. JONES: No, I think I'll pass. 06-10 MR. DUNNO: Waive notice. 06-11 THE COURT: All right. We'll wait and see 06-12 what you file. 06-13 MR. JONES: Thank you.