Jury Trial LC

Cal. Super. - 2nd Dist.December 16, 2015

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 09:00:00 AM JUDICIAL OFFICER PRESIDING: Rocky Baio COUNTY OF VENTURA VENTURA DATE: 08/11/2017 DEPT: 20 CLERK: Jennifer Oliva, Yvette Madrigal REPORTER/ERM: Lisa Lemus CASE NO: 56-2015-00475631-CU-PO-VTA CASE TITLE: Nieto vs. Hirsty CASE CATEGORY: Civil - Unlimited CASE TYPE: PI/PD/WD - Other EVENT TYPE: Jury Trial (LC) 4 day jury trial STOLO APPEARANCES STOLO Derryl S. Halpern, counsel, present for Plaintiff(s). Angel Nieto, Plaintiff is present. Judy Hirsty, Defendant is present. Richard S. Gower, counsel for defendants Stolo Fifth Day of Trial Spanish interpreter, Antonio Verdiny, is present and interprets for Angel Nieto. (Badge verified, oath on file, certification number stated on the record.) 9:09 am Court reconvenes with plaintiff(s), defendant(s) and counsel present as noted above and all Jurors and alternate juror present. 9:11 am Witness Mark Horne previously sworn, resumes the stand for further testimony. Cross examination of Mark Horne commences by Mr. Halpern on behalf of plaintiff. (9:26 am Court and counsel conduct side-bar conference) 9:35 am Cross examination of Mark Horne by Mr. Halpern resumes. 10:03 am Redirect examination of Mark Horne commences by Mr. Gower on behalf of defendants. 10:08 am Recross examination of Mark Horne commences by Mr. Halpern on behalf of plaintiff. Witness Mark Horne is excused 10:11 am Witness Manuel Guerra previously sworn, resumes the stand for further testimony. VEN-FNR-10.03 MINUTE ORDER DATE: 08/11/2017 Page 1 DEPT: 20 CASE TITLE: Nieto vs. Hirsty CASE NO: 56-2015-00475631-CU-PO-VTA Cross examination of Manuel Guerra commences by Mr. Halpern on behalf of plaintiff. 10:16 am All jurors are admonished and excused for break and court is in recess. 10:32 am Court reconvenes with plaintiff(s), defendant(s) and counsel present as noted above and all jurors and alternate juror present. 10:32 am Manuel Guerra, previously sworn, resumes the stand for further cross examination by Mr. Halpern on behalf of plaintiff. 10:43 am Redirect examination of Manuel Guerra commences by Mr. Gower on behalf of defendants. Witness Manuel Guerra is excused (10:52 am Court and counsel conduct side-bar conference) Defendant rest(s) Rebuttal by the plaintiff commences. 10:58 am Witness Angel Nieto previously sworn, resumes the stand for further testimony. Direct examination of Angel Nieto commences by Mr. Halpern on behalf of plaintiff. 11:07 am Cross examination of Angel Nieto commences by Mr. Gower on behalf of defendants. 11:25 am Redirect examination of Angel Nieto commences by Mr. Halpern on behalf of plaintiffs. 11:28 am Recross examination of Angel Nieto commences by Mr. Gower on behalf of defendants. Witness Angel Nieto is excused Court addresses the jury regarding scheduling. 11:32 am All jurors are admonished and excused for the evening (ordered to return Monday 8/14/17 at 1:30 pm) and court remains in session. Out of the presence of the jury, Court and counsel discuss procedural issues. Exhibit 24, defendants impeachment video, is marked and received. 12:10 pm Court is in recess. 1:53 pm Court is in session, out of the presence of the jury, with plaintiff(s), defendant(s) and counsel present as noted above. Court denies plaintiffs request to strike certain testimony of Dr. Ouzounian. As to the directed verdict the court rules as follows: Court finds there is a statutory employee/employer relationship, vicarious liability and it's found to be an unsafe work environment. By stipulation Exhibit 14 is withdrawn and released. VEN-FNR-10.03 MINUTE ORDER DATE: 08/11/2017 Page 2 DEPT: 20 CASE TITLE: Nieto vs. Hirsty CASE NO: 56-2015-00475631-CU-PO-VTA Court and counsel continue to settle jury instructions and verdict form. Jury instructions settled and counsel to update verdict form accordingly. 3:33 pm Court is adjourned until 08/14/2017 at 01:30 PM in Department 20. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 08/11/2017 Page 3 DEPT: 20