Court Trial LC

Cal. Super. - 2nd Dist.November 2, 2015

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 10:30:00 AM JUDICIAL OFFICER PRESIDING: Vincent O'Neill COUNTY OF VENTURA VENTURA DATE: 05/22/2018 DEPT: 41 CLERK: Julie Childs, Marycela Clement REPORTER/ERM: Laura Frost, Reporter Pro Tempore CASE NO: 56-2015-00474116-CU-NP-VTA CASE TITLE: Commonwealth Land vs Garcia CASE CATEGORY: Civil - Unlimited CASE TYPE: Non-PI/PD/WD tort - Other EVENT TYPE: Court Trial (LC) T/E 2-3 hours STOLO APPEARANCES STOLO Martin Zaehringer, counsel, present for Defendant(s). Mary Ann Russo and Karen England, counsel, present for Plaintiff's Stolo 1 Day of Trial Prior to court convening, plaintiff's exhibits 1-14 are marked for identification. Plaintiff's lodge certified deposition transcript of Jack Lopez Garcia. Plaintiff's lodge certified deposition transcript of Lupe Maria Garcia. At 10:45 a.m., court convenes in this matter with all parties present as previously indicated. Plaintiff submits on her trial brief and waives opening statement. At 10:47 a.m. Martin Zaehringer presents an opening statement on behalf of Defense . It is noted by both counsel that the following exhibit stipulations have been entered: Counsel stipulate to admit Plaintiff exhibits 1-8, and 10-14; whereupon the court admits said exhibits at this time. Counsel also present an oral stipulation to certain facts of the case as set forth on the court-reported record. At 10:50 a.m., Plaintiff's case commences. Corlis Chevalier is sworn and testifies. VEN-FNR-10.03 MINUTE ORDER DATE: 05/22/2018 Page 1 DEPT: 41 CASE TITLE: Commonwealth Land vs Garcia CASE NO: 56-2015-00474116-CU-NP-VTA Direct examination of this witness commences by Ms. Russo on behalf of Plaintiff . At 11:03 a.m. Cross examination of Ms. Chevalie commences by Mr. Zaehringer on behalf of Defendant . At 11:08 a.m. Redirect examination of Ms. Chevalie commences by Karen England on behalf of Plaintiff . At 11:11 a.m. Recross examination of Ms. Chevalie commences by Mr. Zaehringer on behalf of Defendant . At 11:12 a.m. Additional redirect examination of Ms. Chevalie commences by Karen England on behalf of Plaintiff . At 11:13 a.m., witness Corlis Chevalier is completed. Jack Garcia, called pursuant to Evidence Code 776, is sworn and examined by Ms. England on behalf of Plaintiff . At 11:26 a.m. Cross examination of Mr. Garcia commences by Mr. Zaehringer on behalf of Defendant . At 11:32 a.m. Redirect examination of Mr. Garcia commences by Ms. England on behalf of Plaintiff . At 11:35 a.m. Lupe Garcia, called pursuant to Evidence Code 776, is sworn and examined by Ms. Russo on behalf of Plaintiff . At 11:50 a.m., the court directs a recess until 1:30 p.m. Clerk: Marycela Clement: At 1:43 p.m., court convenes in this matter with all parties present as previously indicated. Witness Lupe Garcia previously sworn, resumes the stand for further testimony. Ms. Russo continues with the examination of Lupe Garcia. Ms. Rousso proceeds to read portions of the deposition transcript of Lupe Garcia pg. 17 lines 16-19. Ms. Rousso proceeds to read portions of the deposition transcript of Lupe Garcia pg. 19 lines 24-25 and pg. 20 line 1-8. 2:08 p.m. cross examination of Lupe Garcia commences by Mr. Zaehringer on behalf of Defendant . 2:14 p.m. redirect examination of Lupe Garcia commences by Ms. Rousso on behalf of Plaintiff . Ms. Rousso proceeds to read portions of the deposition transcript of Lupe Garcia pg. 19 lines 7-1 2:23 p.m. additional redirect examination of Lupe Garcia commences by Ms. England on behalf of Plaintiff . VEN-FNR-10.03 MINUTE ORDER DATE: 05/22/2018 Page 2 DEPT: 41 CASE TITLE: Commonwealth Land vs Garcia CASE NO: 56-2015-00474116-CU-NP-VTA 2:24 p.m. additional redirect examination of Lupe Garcia commences by Mr. Rousso on behalf of Plaintiff . Witness Lupe Garcia is excused People rest(s) Defendant rest(s) At 2:30 p.m., the court directs a recess until 2:45 p.m. At 2:50 p.m., court convenes in this matter with all parties present as previously indicated. 2:51 p.m. Ms. Rousso presents closing argument on behalf of Plaintiff. 3:01 p.m. Mr. Zaehringer presents closing argument on behalf of Defendant. 3:11 p.m. Ms. Rousso presents rebuttal argument on behalf of Plaintiff. The Court finds/orders: The Judge orders judgment for Plaintiff Commonwealth Land Title Insurance Company against defendant's Lupe Maria Garcia, Jack Lopez Garcia in the amount of: $59,461.10. The Court orders that the liability is joint and several. . The court will allow an amended judgment to be submitted that includes the defaulted party, Renee Cervantes; in return, the plaintiff waives any interest from the time of the filling of the default judgment to today. Certified deposition transcript of Jack Lopez Garcia is returned to Plaintiffs counsel. Certified deposition transcript of Lupe Maria Garcia is returned to Plaintiffs counsel. The Court directs Plaintiff's counsel to prepare the judgment. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 05/22/2018 Page 3 DEPT: 41