Jury Trial LC

Cal. Super. - 2nd Dist.July 10, 2015

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 09:30:00 AM JUDICIAL OFFICER PRESIDING: Henry Walsh COUNTY OF VENTURA VENTURA DATE: 05/02/2017 DEPT: 42 CLERK: Shelley Bolton REPORTER/ERM: Tanya Rogers/Melina Homan CASE NO: 56-2015-00469489-CU-OE-VTA CASE TITLE: Foy vs. Adler CASE CATEGORY: Civil - Unlimited CASE TYPE: Other employment EVENT TYPE: Jury Trial (LC) STOLO APPEARANCES STOLO LEIGH A. DATZKER, counsel, present for Plaintiff(s). Chery Foy, Plaintiff is present. Thomas L. Engel, counsel, present for Defendant(s). Joel Adler, Defendant is present. Stolo Second Day of Trial Trial commencement date 05/02/17 9:49 am Court reconvenes with plaintiff(s), defendant(s) and counsel present as noted above. Court and counsel discuss procedural matters regarding when plaintiff terminated her employment, including proposed verdict form and jury instructions. Court and counsel discuss scheduling. Defense demands jury and will be responsible for payment of fees at the conclusion of trial. 10:03 am Court is in recess. 10:32 am Court reconvenes with plaintiff(s), defendant(s) and counsel present as noted above and all 55 prospective jurors present. The court advises the prospective jurors as to the time estimate for trial and invites hardship applications. The following prospective jurors are excused for hardship: M. AGUADOVERLASCO, J. BARRONA, A. CASILLAS, D. CHERGEY, M. FERNANDEZ, P. FILKINS, P. HAMLIN, A. JONES, S. KING, W. KING, A. LASSEN, J. LEIBERT, C. LOMELI, D. LOPEZ, R. LOPEZRODRIGUEZ, T. MALLOCH, J. MEDINA, A. MENDOZA, R. MINOR, B. MIYAMOTO, J. MOORE, J. ODONNELL, L. PIERCE, M. QUINLYN, R. REYES, T. SANFORD, L. SCHIRBER, R, SNOW, R. VILLARREAL, J. VINSON, S. YANES, T. ZIEMKOWSKI. VEN-FNR-10.03 MINUTE ORDER DATE: 05/02/2017 Page 1 DEPT: 42 CASE TITLE: Foy vs. Adler CASE NO: 56-2015-00469489-CU-OE-VTA The court directs the remaining prospective jurors to take the lunch recess and return at 1:30 pm. Out of the presence of the prospective jurors, the court directs the clerk to call for a supplemental panel of prospective jurors. 11:15 am Court is in recess. 2:02 pm Court reconvenes with plaintiff(s), defendant(s) and counsel present as noted above. Court reporter for the afternoon session is Melina Homan. A supplemental panel of 45 jurors is present and the court advises them as to the time estimate for trial. The court inquires as to who would be able to serve on a trial of this length. One juror states in the affirmative and is requested to remain in the courtroom. The remaining prospective jurors are excused for hardship and directed to return to jury services. At 2:07 pm, the prospective jurors from panels 1 and 2 are present. The court explains the oath to prospective jurors. At the direction of the Court, the clerk administers the oath for qualifications. The court reads a statement of the case and list of potential witnesses. Introduction of counsel and the parties. The court directs the seating of 18 prospective jurors. Voir Dire commences. 3:02 pm Court is in recess. 3:21 pm Court reconvenes with plaintiff(s), defendant(s) and counsel present as noted above. Out of the presence of the prospective jurors, court and counsel discuss prospective jurors number 12. At 3:23 pm, all prospective jurors are present. Voir dire of prospective jurors resumes. At bench and off the record, defense challenge for cause of juror number 12, Mr. Kupfer, is denied. Peremptory challenges commence. VEN-FNR-10.03 MINUTE ORDER DATE: 05/02/2017 Page 2 DEPT: 42 CASE TITLE: Foy vs. Adler CASE NO: 56-2015-00469489-CU-OE-VTA Plaintiff exercises peremptory challenge as to juror Chu. Defense exercises peremptory challenge as to juror Cohrt. Plaintiff exercises peremptory challenge as to juror Schanafelt. Defense exercises peremptory challenge as to juror Kupfer. Plaintiff exercises peremptory challenge as to juror Clyburn. Defense exercises peremptory challenge as to juror Santiago. Voir dire of prospective jurors resumes. Plaintiff exercises peremptory challenge as to juror Naber. Defense exercises peremptory challenge as to juror Omalia. Plaintiff exercises peremptory challenge as to juror Khan. Defense exercises peremptory challenge as to juror Garcia. Plaintiff accepts the jury as seated. Defense exercises peremptory challenge as to juror Washburn. At 4:28 pm, the prospective jurors are directed to take the evening recess, to return on 5/3/17 at 9:30 am. Out of the presence of the prospective jurors, court and counsel discuss scheduling and presentation of bifurcated case. 4:30 pm Court is adjourned until 05/03/2017 at 09:30 AM in Department 42. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 05/02/2017 Page 3 DEPT: 42