(Names and locations changed to protect the guilty.)

Style of the judge: Aggressive, authoritative, not particularly concerned about what the parties want.




February 18, 1999
Duration: 7 minutes.

1-08        THE COURT:    Mr. Jones versus Smith.

1-09        MR. SMITH:    Good morning.  Lowe Sharknette on 

1-10   behalf of the defendant.

1-11        THE COURT:    Mr. Jones you're --

1-12        MR. JONES:    Good morning, sir,

1-13        THE COURT:    You're to turn off that recording 

1-14   device or leave the courtroom, one of the two.  That's 

1-15   the order of the Court.

1-16        MR. JONES:    Excuse me, your Honor.  This 

1-17   is --

1-18        THE COURT:    That's a standing Rule of Court.

1-19        MR. JONES:    I have a problem hearing and I

1-20   cannot hear very well.

1-21        THE COURT:    Well, we have a court reporter.  

1-22   I do not allow tape-recordings in this court.  That's a 

1-23   California Rule of Court, period.

1-24        MR. JONES:    Well, your Honor, I -- I can't 

1-25   afford her services.

1-26        THE COURT:    Mr. Jones, there are ways to take 

2-01   care of that, also

2-02        MR. JONES:    And how would that be?

2-03        THE COURT:    I -- well, I'm going to explain 

2-04   some procedures to you.  You may leave the recording on 

2-05   as I explain the proceedings to you, then you're going 

2-06   to turn it off, okay?

2-07        MR. JONES:    Very well.

2-08        THE COURT:    Are you an attorney at law, sir?

2-09        MR. JONES:    No .

2-10        THE COURT:    You filed a lawsuit in this 

2-11   court.  I have to hold you to the same rules.  Are you 

2-12   hearing me?

2-13        MR. JONES:    I -- yes.

2-14        THE COURT:    Tell me if you don't hear me, 

2-15   okay?

2-16        MR. JONES:    Yeah.  If you could speak up a 

2-17   little bit, please.

2-18        THE COURT:    All right.  I have to hold you to 

2-19   the same rules that I do everybody else that practices 

2-20   law in my courtroom, okay?  Those are the Rules of 

2-21   Court.  

2-22   In other words --

2-23        MR. JONES:    Which rules?

2-24        THE COURT:    -- in other words, I have to hold 

2-25   you to the same standard as anybody else who comes into 

2-26   my courtroom, including the attorneys who have 

3-01   knowledge of all of the Rules of Court.

3-02        MR. JONES:    Which Rules of Court are we 

3-03   talking about?

3-04        THE COURT:    California Rules of Court, 

3-05   period.  It's called, California Rules of Court.

3-06        MR. JONES:    Well, then with all due respect, 

3-07   sir, then I must object for the record.

3-08        THE COURT:    Okay.

3-09        MR. JONES:    I have -- this is a court of 

3-10   record, and we have chosen those rules that govern the 

3-11   procedures of this court.

3-12        THE COURT:    That's right.  I have California 

3-13   Rules of Court.  I don't know what you're talking about 

3-14   now .

3-15        MR. JONES:    Well, do you have my action --

3-16        THE COURT:    Yes.

3-17        MR. JONES:    -- in front of you.

3-18        THE COURT:    Uh-huh.

3-19        MR. JONES:    Well, the second paragraph --

3-20        THE COURT:    I'm trying to explain to you, 

3-21   sir, that you will comply with the California Rules of 

3-22   Court, and you will be held to the same standards as 

3-23   any attorney who practices in this court because those 

3-24   are the Rules of Court.  

3-25        And so, one of the Rules of Court is, we do 

3-26   not allow electronic devices.

4-01        MR. JONES:    Well, that's a little unusual 

4-02   because, I had --

4-03        THE COURT:    Okay.  Okay.  You -- now, okay.  

4-04   I've tried to explain this to you.  

4-05        First of all, you're going to turn the

4-06   tape-recorder off.

4-07        MR. JONES:    Very well.  As long as, for the 

4-08   record, my objection is put on the record.

4-09        THE COURT:    You got it.  Turn the 

4-10   tape-recorder off, please.  Thank you.  

4-11        Now, there are ways to go about getting 

4-12   transcripts and other things if you are not able to 

4-13   afford them.  The Legal Aid Society -- there may be 

4-14   some services available to you.  I cannot give you 

4-15   legal advise on how to proceed on the case.  I want to 

4-16   make that clear.  I don't give the other side legal 

4-17   advise --

4-18        MR. JONES:    I understand.

4-19        THE COURT:    -- and I cannot give you legal 

4-20   advice .

4-21        MR. JONES:    I understand that.

4-22        THE COURT:    Okay.  I'm telling you, you have 

4-23   to comport yourselves to the California Rules of Court, 

4-24   okay.  

4-25        So, do we have that understanding?

4-26        MR. JONES:    Well, I understand.  But as I 

5-01   said before, this --

5-02        THE COURT:    Sir, you brought a lawsuit in 

5-03   the -- from the Superior Court in the State of 

5-04   California in the County of Calamity.  If you do 

5-05   not like the rules of the Superior Court in the State 

5-06   of California, then file your lawsuit in some other 

5-07   jurisdiction that you feel would accommodate you 

5-08   better, okay?

5-09        MR. JONES:    Well, as I said, just for the 

5-10   record, I object.

5-11        THE COURT:    Sure.

5-12        MR. JONES:    This is court of record and this 

5-13   court has chosen its rules that will govern this 

5-14   proceedings.

5-15        THE COURT:    I didn't pick them.  They're 

5-16   imposed on us.  But I follow them, and so are you, and 

5-17   so is the other side.  

5-18        Counsel, state your appearance.

5-19        MR. SMITH:    Lowe Sharknette for the defendant.  

5-20        THE COURT:    All right.  Now, we're here today 

5-21   because of they have filed a demurrer on -- your 

5-22   demurrer on your complaint.  And I'm going to resolve 

5-23   that because I don't think simply because he named the 

5-24   cause of action incorrectly that this is grounds to 

5-25   sustain a general demurrer.

5-26        Because in the body of his action, he states 

6-01   out -- states, basically, what would be an auto 

6-02   accident, personal-injury lawsuit.  So I'm going to 

6-03   overrule the demurrer.

6-04        Because it says, 'Action of trespass for 

6-05   damages,' on the caption is not sufficient to sustain a 

6-06   general demurrer.  He states facts sufficient, in my 

6-07   opinion, to sustain a cause of action.

6-08        But there is another alleged violation of 

6-09   rule 201(e) and that might be the cause of a motion to 

6-10   strike on a demurrer.  And that is -- I'm going to ask 

6-11   that the plaintiff interlineate his complaint to 

6-12   provide his residence address and phone number, because 

6-13   that is required by the California Rules of Court on 

6-14   your complaint.

6-15        MR. JONES:    First -- again, I must object, 

6-16   for the record.  This is a court of record.  The --

6-17        THE COURT:    Okay.  You've objected.  If you 

6-18   do not do that, I'm going to dismiss your lawsuit at 

6-19   some point.

6-20        MR. JONES:    I have served them with a --

6-21        THE COURT:    I --

6-22        MR. JONES:    -- a address to serve me at.  

6-23   They have been served with that.

6-24        THE COURT:    Sir, I'm directing you on the 

6-25   documents, under the California Rule of Court 201(e), 

6-26   and that you are to provide us with a residence address 

7-01   and a phone number.  It's very simple to do that.  So 

7-02   that the Court --

7-03        MR. JONES:    Excuse me.

7-04        THE COURT:    -- so that the Court can 

7-05   communicate with you if we have problems

7-06        MR. JONES:    Excuse me.  That is not simple as 

7-07   a -- it seems.  I do not have a residence.  Therefore,  

7-08   I have given them a source where they can communicate 

7-09   to -- with me.  And that's the best I can do.  I do not 

7-10   have a residence.  I could not do anything else.

7-11        THE COURT:    Well --

7-12        MR. JONES:    -- I live in this area, but I do 

7-13   not have a residence.  That's that.

7-14        THE COURT:    Okay, well --

7-15        MR. JONES:    I've done the best I can.

7-16        THE COURT:    Do you have a phone number?

7-17        MR. JONES:    I do not.

7-18        THE COURT:    Fine.  You miss any 

7-19   proceedings -- we'll note that on the record.  If we 

7-20   have a problem noticing you, your case will get thrown 

7-21   out at some point.  We're going to use the P.O. box 

7-22   and that's your problem.

7-23        MR. JONES:    I have been served with a 

7-24   address --

7-25        THE COURT:    I don't care.  I want the Court 

7-26   to be served with something.

8-01        MR. JONES:    Which we did.

8-02        THE COURT:    P.O. box 2277.  Okay.  Not -- 

8-03   it's not in the file.

8-04        MR. JONES:    Well, it should.  It was filed on 

8-05   February 9th.  Notice of Change of Address.

8-06        THE COURT:    Well, we'll see.  It's not in my 

8-07   file.  It may be in the computer somewhere.

8-08   THE CLERK:    Yeah, there was one filed on the 

8-09   9th.

8-10        THE COURT:    Okay.  Will it make it to the 

8-11   file?  All right.  

8-12        I'm telling you, you need to communicate with

8-13   us.  And if you don't have a phone, that's fine.  

8-14        You're telling me you do not have a phone?

8-15        MR. JONES:    No, I do not.

8-16        THE COURT:    I have to advise you to make sure 

8-17   that you check your mail and keep up on this lawsuit.

8-18        MR. JONES:    I will.

8-19        THE COURT:    Okay.  All right.  I'm going to 

8-20   give -- the demurrer is overruled.  You have 20 days to 

8-21   answer.  Please -- and the next hearing, unless they 

8-22   notice you of further motions, is May the 7th.  May the 

8-23   7th, 1999.  That's a Friday, at the hour of 8:30 a.m.

8-24        MR. JONES:    Again?

8-25        THE COURT:    That's stamped right on your 

8-26   complaint, sir.  By the way --

9-01        MR. JONES:    Again, I -- with the way this 

9-02   proceedings are going, I must enter an objection for 

9-03   the record.

9-04        THE COURT:    What don't you like about the way 

9-05   the proceedings are going?  Tell me what your objection 

9-06   is.

9-07        MR. JONES:    Quite frankly, this is a court of 

9-08   record

9-09        THE COURT:    So what.

9-10        MR. JONES:    Well -- 

9-11        THE COURT:   It's a court of record.  We're 

9-12   making a record.  Thank you.

9-13        MR. JONES:    And that's very defined in -- in 

9-14   any law dictionary as to how it will be run.

9-15        THE COURT:    Well, I'm telling you the 

9-16   California Rules of Court regulate the way we run.  

9-17   Thank you.

9-18        MR. JONES:    Okay.

9-19        MR. SMITH:    Thank you, your Honor.

9-20        THE COURT:    Would you, please, give notice?

9-21        MR. SMITH:    I will.