Transcript
(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
DEPARTMENT 666
October 14, 1999
PAGE-LINE
1-08 THE COURT: Number, I guess, the law and 1-09 motion, six. 1-10 Mr. Jones,. Jones versus Smith, et al. 1-11 MR. JONES: Good morning, your Honor. 1-12 THE COURT: How are you? 1-13 MR. JONES: Fine. 1-14 THE COURT: I don't see the other side. I 1-15 guess - - 1-16 MR. JONES: This side didn't -- this issue 1-17 doesn't concern the other side. - 1-18 THE COURT: Well, everything on a case 1-19 concerns the other side. 1-20 MR. JONES: Okay. 1-21 THE COURT: And they - - they should have been 1-22 noticed, really. But that's okay. 1-23 What other hearings - - this is on your motion 1-24 to have, I guess, myself and Iholda Fylings, who is 1-25 one of our supervising clerks, to be held in contempt. 1-26 MR. JONES: That's correct. 2-01 THE COURT: And the Court read -- you're 2-02 moving party -- moving papers and your statements, and 2-03 I have all these documents in the file. And I did some 2-04 research on this yesterday. 2-05 Do you have anything you wish to add, 2-06 Mr. Jones? 2-07 MR. JONES: The only question I have at this 2-08 point in time concerns Miss Fylings's certified 2-09 document where she states that she was directed to do 2-10 what she did. My question would be, who is the entity 2-11 that ordered her to do so? I do not know who that 2-12 would be at this time. 2-13 THE COURT: Well, if you looked in the file, 2-14 there's a certificate and order vacating documents 2-15 which says filed June the 9th that I signed on 2-16 June the 9th that bears my signature. And it's in the 2-17 file too, okay. 2-18 MR. JONES: You're the entity who directed 2-19 her to to what she did? 2-20 THE COURT: I said, "Pursuant to the 2-21 Certificate of the Clerk and good cause appearing, it 2-22 is hereby ordered that the first-amended action of 2-23 trespass on the case is hereby vacated." 2-24 MR. JONES: Okay. I understand that aspect 2-25 of the certification, but she states she was directed 2-26 to do so. 3-01 THE COURT: Uh-huh. 3-02 MR. JONES: I wish to know the entity that 3-03 directed her to do that. 3-04 THE COURT: I did. I just said I did. The 3-05 California Superior Court did, State of California. 3-06 MR. JONES: That's the only point I need to 3-07 clarify at this point in time. 3-08 THE COURT: In and for the County of Calamity 3-09 - - the Superior Court, by myself, in and for 3-10 the County of Calamity. It's right in the file. 3-11 MR. JONES: It's -- I didn't see that the way 3-12 it read. That's my inquiry. 3-13 THE COURT: Anything else you wish to add? 3-14 MR. JONES: No. If anybody else has anything 3-15 to say in matter - - 3-16 THE COURT: I do, in terms of ruling. 3-17 MR. JONES: Okay. 3-18 THE COURT: California -- and I've spoken to 3-19 you before about - - we may have a difference of legal 3-20 opinion here, but I've spoken to you before about the 3-21 fact that you brought the lawsuit in the State of 3-22 California, Superior Court. And that you would, 3-23 therefore, because nobody is compeling you to utilize 3-24 our facilities, but you have chosen to file the lawsuit 3-25 against the people who you had a traffic accident -- 3-26 allegedly had a traffic accident with, some time ago 4-01 and-- 4-02 MR. JONES: Excuse me, could you speak up a 4-03 bit? 4-04 THE COURT: Yes. You -- I hope you don't 4-05 have a tape recording going again, Mr. Jones. 4-06 MR. JONES: I no, I haven't. 4-07 THE COURT: I don't care. You have to ask. 4-08 MR. JONES: No, I'm asking because I cannot 4-09 hear you. 4-10 THE COURT: If you do, I'll consider your 4-11 question. I don't care, frankly, but you have to ask. 4-12 And the Rules of Court, and I told you 4-13 before, and that's what I'm trying to inform you of 4-14 now, you've chosen this as your forum to bring the 4-15 business dispute into. 4-16 And -- and when you're lawsuit you're 4-17 litigating is in the Superior Court, I notified you 4-18 previously, that I'm obligated because of my position. 4-19 And because you brought the lawsuit utilizing the 4-20 Superior Court of the State of California, and I'm -- 4-21 and nothing - - nobody is compelling you to use this 4-22 forum, I am telling you that, and I've told you 4-23 previously, that the rules have to be followed as 4-24 established by the California Judicial Counsel and the 4-25 California State Legislature. 4-26 When they adopted the California Code of 5-01 Civil Procedure and those rules that govern our 5-02 proceedings in the Trial Court, California Code of 5-03 Civil Procedure section 1209, that's 1-2-0-9, provides 5-04 a list of acts or admissions which constitute contempt. 5-05 Section 1209, in, no manner, allows for a 5-06 Court to hold itself in contempt on the motion of a 5-07 party to a case being heard by the Court. 5-08 Additionally, you have failed to claim that 5-09 the clerk, Iholda Fylings, committed any of the acts 5-10 or admissions that constitute contempt under section 5-11 1209 of the California Code of Civil Procedure. 5-12 Therefore, your motion is entirely devoid of 5-13 merit, and I so rule and deny the motion. 5-14 MR. JONES: Okay. Well, for the record, I 5-15 object. 5-16 THE COURT: I understand that. 5-17 MR. JONES: Okay. 5-18 THE COURT: All right. I don't know when the 5-19 next court hearing is, Mr. Jones. 5-20 MR. JONES: I -- at this point, there's a CMC 5-21 scheduled for Monday. 5-22 THE COURT: Monday. Okay, I'll see you on 5-23 Monday then. 5-24 MR. JONES: Okay. Have a good weekend. 5-25 I'm going to need a copy of that. 5-26 THE COURT: You need a transcript? 6-01 MR. JONES: Yes. 6-02 THE COURT: Okay. She will make arrangements 6-03 with you. 6-04 MR. JONES: Okay.