(Names and locations changed to protect the guilty.)

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




October 14, 1999


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.