(Names and locations changed to protect the guilty.)

Style of the judge: Gentlemanly, accommodating, concerned about what the parties want.




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.