Jury Trial LC

Cal. Super. - 2nd Dist.July 15, 2014

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 09:00:00 AM JUDICIAL OFFICER PRESIDING: Vincent O'Neill COUNTY OF VENTURA VENTURA DATE: 12/13/2016 DEPT: 41 CLERK: Marisela Soto REPORTER/ERM: Leah Tommela, Reporter Pro Tempora CASE NO: 56-2014-00455520-CU-PA-VTA CASE TITLE: Helchowski vs. Morris CASE CATEGORY: Civil - Unlimited CASE TYPE: PI/PD/WD - Auto EVENT TYPE: Jury Trial (LC) STOLO APPEARANCES STOLO Lauren R Wood, counsel, present for Plaintiff(s). Jennifer Helchowski, Plaintiff is present. Lisa Carol Morris, Defendant is present. Ed Anderson, counsel, present for Defendant. Stolo Prior to court convening: Statement of Case, Proposed Exhibit List, Trial Brief, Witness List and Request for Jury Instructions submitted by Plaintiff. 2nd Day of Trial At 9:18 a.m. 60 prospective jurors arrive. At 9:23 a.m. This being the time set for Jury Trial in the above entitled cause, having been assigned to this department, all parties and counsel appear as noted above and trial commences. At the direction of the Court, the clerk administers the oath for qualifications. The Court calls the case, introduces counsel and parties, reads a brief description of the case, reads the list of proposed witnesses. The Court explains the jury selection process. Estimated length of trial: 5 day(s) The Court proceeds to explain what legally constitutes as a hardship. The Court reporter need not to report hardships pursuant to stipulation of counsel. At 9:30 a.m. The court inquires as to which jurors would be unable to serve on this matter due to hardship. VEN-FNR-10.03 MINUTE ORDER DATE: 12/13/2016 Page 1 DEPT: 41 CASE TITLE: Helchowski vs. Morris CASE NO: 56-2014-00455520-CU-PA-VTA The court excuses the following jurors for hardship: K. Cortez, E. Jimenez, J. Stafford, M. Hanson, A. Kirsch, C. Lee, A. Andrade Cervantes, D. Forsberg, R. Blomquist, K. Larsen, I. Toberabrouk, J. Plascencia, D. Stayrook, J. Garver, A. Schneider, C. Munoz, F. Penny, J. Salonga, E. Rodeno, A. Chavez, C. Lane, B. Dinh. The court excuses the following juror by counsels stipulation: F. Jones. Fifteen prospective jurors names are called to the jury box. Court reporter resumes recording the proceedings. At 9:50 a.m. Voir Dire commences. At 10:17 a.m. Court is in recess. At 10:39 a.m. Court reconvenes with plaintiff(s), defendant(s) and counsel present as noted above. Voir dire of prospective jurors resumes. At 11:33 a.m. A sidebar conference is held until 11:34 a.m. At 11:35 a.m. The court excuses the following juror for plaintiff's cause challenge: T. Keene. Peremptory challenges commence. Plaintiff exercises peremptory challenge #1 as to juror S. Pecora. Defendant exercises peremptory challenge #1 as to juror K. Nicholas. Plaintiff exercises peremptory challenge #2 as to juror A. Butler. Four prospective jurors names are called to the jury box. Voir dire of prospective jurors resumes. At 11:54 a.m. A sidebar conference is held. At 11:55 a.m. The court excuses the following jurors for cause: W. Bradle. Voir dire of prospective jurors resumes. Peremptory challenges continue. Defendant exercises peremptory challenge #2 as to juror S. Murphy. Plaintiff accepts the jury as seated. Defendant accepts the jury as seated. VEN-FNR-10.03 MINUTE ORDER DATE: 12/13/2016 Page 2 DEPT: 41 CASE TITLE: Helchowski vs. Morris CASE NO: 56-2014-00455520-CU-PA-VTA At 12:02 p.m. The Court orders the seating of 1 alternate jurors and voir dire resumes. Peremptory challenges continue. Plaintiff accepts the alternate to try the case. Defendant exercises peremptory challenge as to juror T. Glenn alternate juror 1. At 12:04 p.m. all jurors are admonished and excused for lunch and court remains in session. At 12:04 p.m. Court is in session, out of the presence of the jury, with plaintiff(s), defendant(s) and counsel present as noted above. The court and counsel conduct an in camera voir dire of S. Tahara. At 12:05 p.m. The court excuses the following jurors for cause: S. Tahara. Court and counsel confer regarding jury selection. At 12:05 p.m. Court is in recess. Prior to court convening: Plaintiff's exhibits 1.a, 2.a, 9,10 and 11 are marked for identification. At 1:37 p.m. Court reconvenes with plaintiff(s), defendant(s) and counsel present as noted above. All jurors and prospective jurors are present. Jury selection continues. One name is called to the jury box. Voir dire of prospective jurors resumes. At 1:41 p.m. Plaintiff and Defendant accepts the alternate juror(s) as seated. The remaining prospective jurors are thanked and excused and directed to return to Jury Commissioner's office. At 1:43 p.m. The following individuals are sworn to try the cause: M. Aguirre, H, Champlin, N. Cuervo, M. Garber, R. Gonzalez, J. Kanellis, K. Kramer, T. Merrell, A. Prado, D. Rambharose,R. Seidner, Z. Verma and alternate juror L. Halpern The Court reads selected jury instructions to the jury. At 2:01 p.m. Lauren Wood presents an opening statement on behalf of plaintiff Jenifer Helchowski. At 2:36 p.m. Ed Anderson presents an opening statement on behalf of defenant Lisa Carol Morris. At 2:49 p.m. all jurors are admonished and excused for break and court remains in session. VEN-FNR-10.03 MINUTE ORDER DATE: 12/13/2016 Page 3 DEPT: 41 CASE TITLE: Helchowski vs. Morris CASE NO: 56-2014-00455520-CU-PA-VTA At 2:49 p.m. Court is in session, out of the presence of the jury, with plaintiff(s), defendant(s) and counsel present as noted above. The court and counsel conduct an in camera voir dire of L. Halpern regarding a potential witness to the case. At 2:50 p.m. Court is in recess. At At 3:09 p.m., court convenes in this matter with all parties present as previously indicated. All jurors are present. The Court directs Plaintiff to commence with her case in chief. At 3:10 p.m. Joyce Zimmer is sworn and testifies. Direct examination of Joyce Zimmer commences by Lauren Wood on behalf of Plaintiff . At 3:28 p.m. A unreported sidebar conference is held until 3:29 p.m. and thereafter testimony of Joyce Zimmer resumes. At 3:43 p.m. cross examination of Joyce Zimmer commences by Ed Anderson on behalf of Defendant . No re-direct examination by plaintiff. At 3:46 p.m., examination of Joyce Zimmer is complete and steps down from the witness stand. 3:48 p.m. John Helchowski is sworn and testifies. Direct examination of John Helchowski commences by Lauren Wood on behalf of Plaintiff . Plaintiff's exhibit 9 is referred to. Plaintiff's exhibit 9, pages 1-15 and 17-19 are admitted into evidence without objection. Page 16 from exhibit 9 is marked for identification as Plaintiff's exhibit 9.a. Plaintiff's exhibit 10 is referred to. At 4:33 p.m. Court is adjourned until 12/14/2016 at 09:30 AM in Department 41. Witness, John Helchowski steps down from the witness stand. At 4:34 p.m. Court is in session, out of the presence of the jury, with plaintiff(s), defendant(s) and counsel present as noted above. The Court and counsel discuss exhibits. 4:36 p.m. Court is in recess. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 12/13/2016 Page 4 DEPT: 41