On January 31, 2008 a
MINUTES FOR APR-22-2008 9:30 AM FOR DEPT 504
was filed
involving a dispute between
Helland, Patrick,
and
Bronner, Ray,
for civil
in the District Court of San Francisco County.
Preview
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
MINUTES
April 22, 2008 Department 504
PATRICK HELLAND Case Number: CUD-08-624838
PLAINTIFF Nature of Cause:
vs Unlawful Detainer
RAY BRONNER Jury Trial — Day 1
DEFENDANT Jury — Day 1
Present:
Judge: MARY E. WISS Clerk: CLARK BANAYAD
Reporter: DIANA CHEN, CSR #11312 Bailiff: WALT WEATHERLY
Appearing for Plaintiff (s): Appearing for Defendant(s)
Charles M. Collins, Esq,
225 Bush Street, 16" Floor
San Francisco, CA 94104
Tel. 415-355-0310
Pro Per
10:15 a.m. The above-entitled cause comes on calendar this day, having been assigned from
Department 206, for Jury Trial. The Court, court personnel, counsel and parties are present as
noted above.
10:20 a.m. The Court conducts a pre-trial hearing in the courtroom, off the record.
10:30 a.m. The Court recesses the trial until 11:15 a.m.
11:20 a.m. Court reconvenes with respective parties and counsel present. Plaintiff's oral
motion for leave to amend the complaint to add a claim for non-payment of rent is DENIED.
The Court takes up defendant’s motions in limine. The motions are argued and submitted
The Court makes its rulings as follows:
Defendant's motion for trial continuance - DENIED
Case Number: CUD-08-624838
Case Title: PATRICK HELLAND VS. RAY BRONNER
-l- Date: April 22, 2008
Form: C01006Request re: discovery production & responses - DENIED
Request for protective order with regard to witnesses -
Defendant’s motions in limine:
#1-—GRANTED #6 - DENIED
#2-— GRANTED #7 - DENIED
#3 — DENIED #9 - DENIED
#4 & #8 -EXCLUDED #10 — GRANTED in part and DENIED in part
# 5 —Tentatively DENIED #11 - DENIED
Plaintiff's motions in limine are argued and submitted. Ruling is on the official notes of the court
reporter.
:37p.m. Court reconvenes with respective counsel and parties present. The Court and
counsel confer regarding the statement of the case to be read to the jury. The reporting of the jury
voir dire is waived per stipulation of counsel.
:40 p.m A panel of 61 prospective jurors is seated in the courtroom. The clerk takes roll
call and attendance is marked.
47 p.m. The Court makes introductory comment and addresses the jury panel about the
case. The Court informs the jury panel about the trial schedule and the estimated length of the
trial.
55 p.m. The clerk administers the acknowledgment and agreement as to qualifications to
act as a trial juror.
57 p.m. The Court asks the panel who is not requesting hardship to take a brief recess. The
Court hears and rules upon hardship requests. The Court excuses 9 prospective jurors from
further jury service. Further, the Court defers service of 9 prospective jurors to a future date.
2:15 p.m. Outside the presence of the jury panel, the Court and counsel discuss issues
regarding 3 prospective jurors with language proficiency issue.
2:20 p.m. All are present in open court, including the jury panel. The Court directs the clerk
to seat 20 prospective jurors according to the random list provided by the Jury Commissioner’s
Office
2:27 p.m. The Court introduces the parties and read the agreed-upon statement of the case.
The Court conducts voir dire examination of the 20-seated jurors.
2:37 p.m. The Court asks each seated prospective jurors to give out personal background
information.
2:50 p.m. The Court excuses prospective juror, Jones Trinh for hardship. The clerk draws a
replacement name of the excused jurors at random. The Court reads the list of potential witnesses
for the trial
Case Number: CUD-08-624838
Case Title: PATRICK HELLAND VS. RAY BRONNER
-2- Date: April 22, 2008
Form: C010062:52 p.m. The Court admonishes and orders the jury panel to recess for the afternoon.
3:10 p.m. Court reconvenes with respective counsel and parties present including the jury
panel. Mr. Collins conducts voir dire examination on behalf of the plaintiff.
3:12 p.m. Mr. Bronner conducts voir dire examination.
3:13 p.m The Court admonishes and orders the jury panel to take a brief recess. Outside the
presence of the jury panel, the Court and counsel meet to take up challenges for cause.
Defendant’s Challenges for Cause
1, Freya Horne - DENIED
2. John Dooling - DENIED
3. Edwin Miller - DENIED
Plaintiff passes the panel for cause.
3:20 p.m. There being no further challenges for cause, Counsel present peremptory
challenges to the Court. Parties exercise the peremptory challenges alternatively with the
plaintiff exercising the first challenge.
Plaitniff’'s Peremptory Challenges: Defendant’s Peremptory Challenges
1. Peter Varga 1. Freya Horne
2. Mario Junio 2. John Dooling
3. Sonia De Jesus 3. Edwin Miller
3:29 p.m. There being no further challenges, the following 12 jurors are affirmed to try the
cause:
1. Martha Gerhan 7. Scott Knapp
2. John Kim 8. James Williams
3. Conception Cuaresma 9. David Quintos
4. Linda Holl 10. Ronald Lipsy
5. Araceli Tonel 11. Lauralee Markus
6. Charlotte Tai 12. An Van Pham
3:30 p.m. The Court directs the clerk to seat 5 additional prospective jurors for the
alternates.
3:31 p.m. The Court conducts voir dire examination
3:35 p.m. Mr. Collin and Mr. Bronner pass examination on voir dire.
3:40 p.m. There being no further challenges, the following two alternates are affirmed:
1. George Elsner 2. Leslie Chow
Case Number: CUD-08-624838
Case Title: PATRICK HELLAND VS. RAY BRONNER
-3- Date: April 22, 2008
Form: C010063:42 p.m. The Court gives preliminary instructions to the jury.
4:00 p.m. The Court introduces the court staff to the jury.
4:06 p.m. Jury and alternates are deemed admonished at each recess by stipulation of
parties. In addition, jury and alternates are deemed to be in the jury box and in their proper places
after each recess or adjournment unless noted by the Court. Jury and alternates are ordered to
return on Wednesday, April 23, 2008 at 9:45 a.m. in Department 504.
4:12 p.m. Outside the presence of the jury, the Court and counsel confer regarding trial
scheduling. The Court recesses the trial until Friday, April23, 2008 at 9:45 a.m.
Case Number: CUD-08-624838
Case Title: PATRICK HELLAND VS. RAY BRONNER
-4- Date: April 22, 2008
Form: C01006
Document Filed Date
April 22, 2008
Case Filing Date
January 31, 2008
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO MINUTES April 22, 2008 Department 504 PATRICK HELLAND Case Number: CUD-08-624838 PLAINTIFF Nature of Cause: vs Unlawful Detainer RAY BRONNER Jury Trial — Day 1 DEFENDANT Jury — Day 1 Present: Judge: MARY E. WISS Clerk: CLARK BANAYAD Reporter: DIANA CHEN, CSR #11312 Bailiff: WALT WEATHERLY Appearing for Plaintiff (s): Appearing for Defendant(s) Charles M. Collins, Esq, 225 Bush Street, 16" Floor San Francisco, CA 94104 Tel. 415-355-0310 Pro Per 10:15 a.m. The above-entitled cause comes on calendar this day, having been assigned from Department 206, for Jury Trial. The Court, court personnel, counsel and parties are present as noted above. 10:20 a.m. The Court conducts a pre-trial hearing in the courtroom, off the record. 10:30 a.m. The Court recesses the trial until 11:15 a.m. 11:20 a.m. Court reconvenes with respective parties and counsel present. Plaintiff's oral motion for leave to amend the complaint to add a claim for non-payment of rent is DENIED. The Court takes up defendant’s motions in limine. The motions are argued and submitted The Court makes its rulings as follows: Defendant's motion for trial continuance - DENIED Case Number: CUD-08-624838 Case Title: PATRICK HELLAND VS. RAY BRONNER -l- Date: April 22, 2008 Form: C01006Request re: discovery production & responses - DENIED Request for protective order with regard to witnesses - Defendant’s motions in limine: #1-—GRANTED #6 - DENIED #2-— GRANTED #7 - DENIED #3 — DENIED #9 - DENIED #4 & #8 -EXCLUDED #10 — GRANTED in part and DENIED in part # 5 —Tentatively DENIED #11 - DENIED Plaintiff's motions in limine are argued and submitted. Ruling is on the official notes of the court reporter. :37p.m. Court reconvenes with respective counsel and parties present. The Court and counsel confer regarding the statement of the case to be read to the jury. The reporting of the jury voir dire is waived per stipulation of counsel. :40 p.m A panel of 61 prospective jurors is seated in the courtroom. The clerk takes roll call and attendance is marked. 47 p.m. The Court makes introductory comment and addresses the jury panel about the case. The Court informs the jury panel about the trial schedule and the estimated length of the trial. 55 p.m. The clerk administers the acknowledgment and agreement as to qualifications to act as a trial juror. 57 p.m. The Court asks the panel who is not requesting hardship to take a brief recess. The Court hears and rules upon hardship requests. The Court excuses 9 prospective jurors from further jury service. Further, the Court defers service of 9 prospective jurors to a future date. 2:15 p.m. Outside the presence of the jury panel, the Court and counsel discuss issues regarding 3 prospective jurors with language proficiency issue. 2:20 p.m. All are present in open court, including the jury panel. The Court directs the clerk to seat 20 prospective jurors according to the random list provided by the Jury Commissioner’s Office 2:27 p.m. The Court introduces the parties and read the agreed-upon statement of the case. The Court conducts voir dire examination of the 20-seated jurors. 2:37 p.m. The Court asks each seated prospective jurors to give out personal background information. 2:50 p.m. The Court excuses prospective juror, Jones Trinh for hardship. The clerk draws a replacement name of the excused jurors at random. The Court reads the list of potential witnesses for the trial Case Number: CUD-08-624838 Case Title: PATRICK HELLAND VS. RAY BRONNER -2- Date: April 22, 2008 Form: C010062:52 p.m. The Court admonishes and orders the jury panel to recess for the afternoon. 3:10 p.m. Court reconvenes with respective counsel and parties present including the jury panel. Mr. Collins conducts voir dire examination on behalf of the plaintiff. 3:12 p.m. Mr. Bronner conducts voir dire examination. 3:13 p.m The Court admonishes and orders the jury panel to take a brief recess. Outside the presence of the jury panel, the Court and counsel meet to take up challenges for cause. Defendant’s Challenges for Cause 1, Freya Horne - DENIED 2. John Dooling - DENIED 3. Edwin Miller - DENIED Plaintiff passes the panel for cause. 3:20 p.m. There being no further challenges for cause, Counsel present peremptory challenges to the Court. Parties exercise the peremptory challenges alternatively with the plaintiff exercising the first challenge. Plaitniff’'s Peremptory Challenges: Defendant’s Peremptory Challenges 1. Peter Varga 1. Freya Horne 2. Mario Junio 2. John Dooling 3. Sonia De Jesus 3. Edwin Miller 3:29 p.m. There being no further challenges, the following 12 jurors are affirmed to try the cause: 1. Martha Gerhan 7. Scott Knapp 2. John Kim 8. James Williams 3. Conception Cuaresma 9. David Quintos 4. Linda Holl 10. Ronald Lipsy 5. Araceli Tonel 11. Lauralee Markus 6. Charlotte Tai 12. An Van Pham 3:30 p.m. The Court directs the clerk to seat 5 additional prospective jurors for the alternates. 3:31 p.m. The Court conducts voir dire examination 3:35 p.m. Mr. Collin and Mr. Bronner pass examination on voir dire. 3:40 p.m. There being no further challenges, the following two alternates are affirmed: 1. George Elsner 2. Leslie Chow Case Number: CUD-08-624838 Case Title: PATRICK HELLAND VS. RAY BRONNER -3- Date: April 22, 2008 Form: C010063:42 p.m. The Court gives preliminary instructions to the jury. 4:00 p.m. The Court introduces the court staff to the jury. 4:06 p.m. Jury and alternates are deemed admonished at each recess by stipulation of parties. In addition, jury and alternates are deemed to be in the jury box and in their proper places after each recess or adjournment unless noted by the Court. Jury and alternates are ordered to return on Wednesday, April 23, 2008 at 9:45 a.m. in Department 504. 4:12 p.m. Outside the presence of the jury, the Court and counsel confer regarding trial scheduling. The Court recesses the trial until Friday, April23, 2008 at 9:45 a.m. Case Number: CUD-08-624838 Case Title: PATRICK HELLAND VS. RAY BRONNER -4- Date: April 22, 2008 Form: C01006