(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 7, 1999
Duration: 6 minutes.
1-08 THE COURT: Mr. Jones and Smith. 1-09 MR. JONES: Good morning, your Honor. 1-10 William Jones, plaintiff. 1-11 MR. SMITH: Jerry Thompson for defendant, 1-12 Robert Smith. 1-13 THE COURT: Father of Mary Smith, a minor. 1-14 Okay. All right, in this matter it looks like, to me, 1-15 that Mr. Jones filed -- I think we resolved the 1-16 difficulties from last -- the last proceeding. 1-17 An answer has been filed. And Mr. Jones 1-18 filed some paperwork yesterday which was complaining 1-19 about the proceedings that I conducted on February 1-20 18th, what I had to say. And I don't feel there was 1-21 any error. I respectfully disagree, but your paperwork 1-22 is on file. 1-23 MR. JONES: Very well. I'll take note of 1-24 that for the record. 1-25 THE COURT: The big question is -- the big 1-26 question is, what are we doing at this point? I read 2-01 in there at some point -- are you asking -- are you 2-02 going to want to amend your complaint at some time? 2-03 MR. JONES: No. The only business before the 2-04 Court, at this point today, is making sure the 2-05 defendant got the paperwork that was served yesterday. 2-06 As far as -- barring that, there's no business before 2-07 the Court today. 2-08 THE COURT: Well, there's business in the 2-09 sense that we need to push the matter towards a trial, 2-10 or whatever is going to happen on it. That's why today 2-11 is a case management. 2-12 MR. JONES: That's taken care of in my 2-13 paperwork. It's addressed and we're to move forward. 2-14 THE COURT: You want a continuance? I saw a 2-15 date of September in there. 2-16 MR. JONES: There's nothing I could add to 2-17 the paperwork to make it any more clearer. It's pretty 2-18 much all there. 2-19 THE COURT: Well -- 2-20 MR. JONES: Barring that, as I said, all the 2-21 business before the Court is completed as of now. 2-22 THE COURT: Well, you do want this case, I 2-23 assume, Mr. Jones, and we've talked previously, but I 2-24 assume you want this case to go to trial at some point; 2-25 is that correct? 2-26 MR. JONES: Yeah, absolutely. 3-01 THE COURT: Do you want me to -- do you want 3-02 me to set a trial at this time? 3-03 MR. JONES: No, I'm not asking for anything 3-04 at this point in time. It's -- the paperwork itself is 3-05 explanatory. 3-06 THE COURT: Okay. Self-explanatory. 3-07 MR. JONES: It says everything I needed to 3-08 say at this point in time. There's nothing that I 3-09 could say to clarify it any more than what it is. 3-10 There's nothing I have to add at this point in time -- 3-11 THE COURT: Okay. 3-12 MR. JONES: -- and that's where -- 3-13 THE COURT: If -- 3-14 MR. JONES: -- at this point in time, we are 3-15 done. And -- 3-16 THE COURT: You're done? Okay. 3-17 MR. JONES: Yeah. 3-18 THE COURT: You want -- a case management 3-19 conference scheduled for May 7th, '99, will be reset to 3-20 a date determined by the clerk no later than September 3-21 6th unless for good cause. 3-22 So, I'll give you another case management 3-23 conference date. 3-24 MR. SMITH: Is there some reason for that? 3-25 THE COURT: I -- it's all explained in his 3-26 paperwork. 4-01 MR. SMITH: Well, I couldn't make heads or 4-02 tails of it either, your Honor. 4-03 THE COURT: Well, I've talked to Mr. Jones 4-04 before, and I told Mr. Jones that we have rules. That 4-05 he -- let me explain it this way. Nobody is forcing 4-06 Mr. Jones to be here. He has voluntarily chosen this 4-07 forum to litigate, or bring this dispute for resolution 4-08 to the courts of the State of California. 4-09 He is not a defendant. Nobody is trying to 4-10 take property from him. He's not charged with a 4-11 criminal offense. He is here of his own free will to 4-12 process his dispute, which is set forth in his 4-13 complaint. 4-14 I have advised him, I will continue to advise 4-15 him, that he has selected and elected to be here. And 4-16 therefore, he will have to follow the rules because he 4-17 chose to be in this forum. He will have to follow the 4-18 rules of the forum of the State of California, which 4-19 includes the Fast-Track Rules and the California Rules 4-20 of Court. And, so, I've tried to make him aware of 4-21 that. 4-22 Previously, we had a little dispute about 4-23 that, I guess, but there is no dispute as far as I'm 4-24 concerned. We have -- we have a case -- I'm willing to 4-25 set the matter for a trial, Mr. Jones, because that's 4-26 what you want. I mean, you want somebody -- 5-01 MR. JONES: Eventually we will get there, 5-02 yes, sir. 5-03 THE COURT: You want me to set a trial date 5-04 today, or put this matter -- you wanted a further case 5-05 manage -- 5-06 MR. JONES: There are other matters in the 5-07 paperwork that have to be accomplish before the -- 5-08 THE COURT: He wants to file, maybe, an 5-09 amended complaint or something and there are rules that 5-10 govern that. So, you'll have to follow the properly 5-11 notice -- the notice procedures and things likes that. 5-12 MR. SMITH: I want to clarify, it's not the 5-13 order? 5-14 THE COURT: No. No, you know -- and I'm 5-15 going to allow him to do this. And I'm going to, you 5-16 know -- if he wants -- you know, we had a dispute about 5-17 the tape recording. If you properly come to me under 5-18 rule 980 of the California Rules of Court, and there's 5-19 a procedure set forth in there that you can request to 5-20 do that, but -- 5-21 MR. JONES: I was under -- at that point in 5-22 time, I was under previous interpretation of that rule. 5-23 However -- 5-24 THE COURT: I'll direct you to that. And if 5-25 there's a problem, I don't want to have -- you know, I 5-26 just wanted you to know where I'm coming from. I know 6-01 where you're coming from. I've dealt with these 6-02 problems and this type of, you know -- I understand a 6-03 bit where you're coming from. I respectfully disagree 6-04 to some extent, but that's okay. 6-05 But nobody is forcing you to be here. And so 6-06 you're kind of -- you're in the driver's chair as far 6-07 as processing the lawsuit. 6-08 MR. JONES: I understand that. 6-09 THE COURT: Do you -- you want to come back 6-10 for a further case management? How about on a Friday 6-11 in August, or any day of the week in August? 6-12 MR. JONES: There's other things I wish to 6-13 accomplish that are listed in the paperwork and, at 6-14 that point in time, I'll move forward. 6-15 THE COURT: All right. You want to come 6-16 back -- you pick a day in August. 6-17 MR. JONES: I have no date in mind at this 6-18 time. 6-19 THE COURT: Okay. Can I pick one? I'm going 6-20 to pick a date where you have to come back. 6-21 MR. JONES: Well -- 6-22 THE COURT: That's the way it runs, 6-23 Mr. Jones. 6-24 MR. JONES: Very well. 6-25 THE COURT: That's the way it runs. 6-26 MR. JONES: However, I will object for the 7-01 record. I wish that to be on the record. 7-02 THE COURT: Okay. And that will be in 7-03 compliance with the Fast-Track Rules. And I will set 7-04 it for dismissal. And when you don't show up for that, 7-05 your case gets dismissed. 7-06 MR. JONES: As I said -- 7-07 THE COURT: That's the rules. You -- well, 7-08 now you know. You volunteered to be here so the system 7-09 can voluntarily, on its own, throw you out of here. 7-10 It's your choice. 7-11 I mean, I'm not here to argue with you today. 7-12 MR. JONES: I'm not here to argue today, 7-13 either. The paperwork explained my process, the 7-14 direction I'm going, and there's nothing else I can 7-15 say. 7-16 THE COURT: Further case management Monday, 7-17 August 16th, 8:30, this department, 666. 7-18 I ask that the defendant give notice. 7-19 Written notice, okay? 7-20 MR. JONES: The only -- could you process a 7-21 transcript for me and I will get in contact with you? 7-22 THE REPORTER: Yes. 7-23 MR. JONES: Thank you, very much. 7-24 MR. SMITH: That date again? 7-25 THE COURT: August the 16th at 8:30 of 1999. 7-26 8:30 a.m., this department. 8-01 MR. SMITH: Okay. Am I correct in that the 8-02 Court's made no ruling on this apparent request to 8-03 amend the complaint today? 8-04 THE COURT: I've made no rulings. I've 8-05 made -- what I've done -- the record speaks for itself. 8-06 MR. SMITH: Thank you, your Honor. 8-07 THE COURT: Thank you.
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