(Names and locations changed to protect the guilty.)
SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF CALAMITY
HONORABLE ROY LeGUMÉ PRESIDING
August 16, 1999
1-08 THE COURT: Jones versus Smith. 1-09 MR. JONES: Good morning, your Honor. 1-10 Mr. Jones here, plaintiff. Defense here? 1-11 MR. SMITH: Lowe Sharknette for the 1-12 defendant. 1-13 MR. JONES: Very good. 1-14 THE COURT: I'll call my calendar, Mr. Jones. 1-15 MR. JONES: Very well - - 1-16 THE COURT: Thank you. 1-17 All right. This is here on. I don't know 1-18 what this is. 1-19 I just don't accept paperwork, Mr. Jones. 1-20 MR. JONES: It's pertinent, your Honor, in a 1-21 future issue. 1-22 THE COURT: Okay. It will be placed in the 1-23 file. Did you get a copy of it? 1-24 MR. JONES: Not yet, sir. 1-25 THE COURT: You're required to serve him 1-26 before I can accept it. 2-01 MR. JONES: We have it right here. It can be 2-02 served right now. 2-03 THE COURT: Well, serve him with it. 2-04 Thank you. Now we'll place it in the file. 2-05 MR. JONES: Thank you. 2-06 THE COURT: All right. What do you want to 2-07 do today? Do you want to set a trial date? 2-08 MR. JONES: Not at this point in time. There 2-09 is some administrative procedural issues that have 2-10 arisen that I need to do before proceeding. I'll do 2-11 forthcoming. 2-12 However, there are a couple of questions I'd 2-13 like to ask. 2-14 THE COURT: Let me remind you, again, I can't 2-15 give you legal advice. I indicated that the last 2-16 several occasions. That I -- some of the questions, I 2-17 may be able to answer. Some I can't. 2-18 MR. JONES: Okay, very well. Could you give 2-19 me your full name, your Honor? 2-20 THE COURT: My full name? 2-21 MR. JONES: Yes, please. 2-22 THE COURT: You can look it up. Roy 2-23 Stephen LeGumé. 2-24 MR. JONES: Roy Stephen LeGumé. 2-25 THE COURT: Steven with a, ph, thank you very 2-26 much. I use my middle initial, though. 3-01 MR. JONES: Do you or anyone you know of, at 3-02 this time, have a claim against me? 3-03 THE COURT: A claim against you, me, or 3-04 anybody? I know what are we doing here, playing 3-05 20-questions. 3-06 MR. JONES: These are questions I need to 3-07 proceed on with the procedural administration issue. 3-08 THE COURT: I have no claim against you, 3-09 Mr. Jones. I didn't know who you were until you walked 3-10 in this court as a plaintiff. 3-11 MR. JONES: Okay. Very well. Thank you. 3-12 And can you -- do you know whose name is signed on 3-13 this? 3-14 THE COURT: That's mine. 3-15 MR. JONES: That's your name? Very well. 3-16 Thank you very much. 3-17 THE COURT: That's where I vacated -- the 3-18 clerk, erroneously, filed your first-amended cause of 3-19 action. You did not ask for leave of Court to do that. 3-20 You have to do that, or get a stipulation with the 3-21 other side agreeing. 3-22 MR. JONES: I understand that. 3-23 THE COURT: But maybe they'll agree. But I 3-24 vacated the order because the clerk, erroneously, did 3-25 that. 3-26 MR. JONES: Yes. For the record, I wish to 4-01 enter an objection. That's all I have to handle at 4-02 this time other than setting a new trial conference -- 4-03 trial readiness conference day. 4-04 THE COURT: When would you like to do that, 4-05 sir? 4-06 MR. JONES: 60 days would be fine with me. 4-07 THE COURT: Let me hear from the other side. 4-08 MR. SMITH: As far as we're concerned, we 4-09 have a motion pending to compel a deposition on the 4-10 30th. After the deposition, we're ready to go with 4-11 trial or arbitration, as the Court sees fit. 4-12 THE COURT: Well, Mr. Jones wants another 4-13 case management conference. And he -- maybe the other 4-14 side will agree you can file your first-ammended 4-15 complaint. 4-16 MR. JONES: Sorry. I -- could you speak up a 4-17 little bit? 4-18 THE COURT: Sure. I said Mr. Jones wants a 4-19 continuance of the case management conference. And so 4-20 I'm going to do that because he may want to file a 4-21 motion to file his first-amended cause of action, or he 4-22 may want to see if you'll agree that he can file it. I 4-23 don't know. But that's the way these things are done 4-24 if you want to do that. I don't know if you still want 4-25 to do that. 4-26 But there are some other matters, apparently, 5-01 relating to the depositions and stuff. So, I don't 5-02 know what that's all about, but Judge Simmons will be 5-03 hearing that, I assume, on August -- what date did you 5-04 say, the 30th? 5-05 MR. JONES: Sorry. There's a date set for 5-06 another hearing? 5-07 THE COURT: I guess so. 5-08 MR. JONES: I have not been aware of that or 5-09 informed of that. 5-10 THE COURT: All I know right now is there's a 5-11 motion to compel, which is - - motion to compel 5-12 plaintiff to attend a deposition. That's probably what 5-13 your documents are here about - - 5-14 MR. JONES: I understand that. 5-15 THE COURT: -- wait, wait, wait. Will you 5-16 listen to me a second? I'm going to give some 5-17 information. That's set for Monday, August the 30th at 5-18 1:30 in the department that handles those types of 5-19 disputes, department S7, Judge Simmons. That's where 5-20 it's set right now. I don't know if you've been served 5-21 or not. 5-22 MR. JONES: I haven't and I must object. 5-23 THE COURT: Well, they reserved the date for 5-24 it and I'll let the process takes it's course. 5-25 MR. JONES: Has -- has that document been 5-26 filed? 6-01 THE COURT: I don't know. You've asked -- 6-02 it's not in my file yet. 6-03 MR. JONES: Okay. Therefore, it's -- 6-04 THE COURT: Well, I don't know, sir. 6-05 Sometimes the paperwork does not make it to our file, 6-06 although, it may be in the clerks' office. I have no 6-07 idea. Why don't you get with the other side and ask 6-08 him if he's filed it yet. 6-09 MR. SMITH: It was filed on the 6th of this 6-10 month and served the same day by mail. 6-11 THE COURT: Okay. 6-12 MR. JONES: I object. I have not been served 6-13 with that document -- 6-14 THE COURT: Okay. Thank you. 6-15 MR. JONES: -- and this is the not the forum 6-16 to discuss that at this time. 6-17 THE COURT: Fine. Fine. I'll set your case 6-18 management conference for about 60 days. Monday, 6-19 October 18th at 8: 30 6-20 MR. JONES: If that's 60 days. 6-21 THE COURT: I can't -- that's 60 days. 6-22 MR. JONES: October -- okay, October. 6-23 THE COURT: 18th, 8:30, right here. 6-24 One other thing, Mr. Jones, I will note on 6-25 the paperwork that you turned in today, you appear to 6-26 have listed a street address in Mount High Boulevard. 7-01 MR. JONES: That's a address by which I can be served process. 7-02 THE COURT: That is what you want the Court 7-03 now to have as your address to send you notices? 7-04 MR. JONES: That was the address since we had 7-05 this issue back on the first hearing date. 7-06 THE COURT: Well, I don't know if it is or 7-07 isn't, but that is the address by which you can receive 7-08 process? 7-09 MR. JONES: That's it. 7-10 THE COURT: I'll have defense give notice of 7-11 the next hearing, okay? 7-12 MR. JONES: This hearing is closed? 7-13 THE COURT: Yes, it is. 7-14 MR. JONES: Thank you very much. 7-15 THE COURT: Thank you. 7-16 MR. SMITH: Thank you, your Honor.