On December 13, 2019 a
Order
was filed
involving a dispute between
Lincoln Center Llc A California Limited Liability Company Successor In Interest To Earl H. Schafer And Sallie Jac Schafer,
and
Alpha Beta Company A California Corporation Legal Assignee Of The Kroger Company A Ohio Corporation,
Ralphs Grocery Company A Ohio Corporation,
for civil
in the District Court of Los Angeles County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
West District, Santa Monica Courthouse, Department G
19SMUD02528 June 23, 2021
LINCOLN CENTER, LLC, A CALIFORNIA LIMITED 9:00 AM
LIABILITY COMPANY vs ALPHA BETA COMPANY, A
CALIFORNIA CORPORATION, et al.
Judge: Honorable Bobbi Tillmon CSR: electronically recorded and Kyle Miller
CSR #13282
Judicial Assistant: G. Tapanes ERM: None
Courtroom Assistant: None Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): Dean Phillip Sperling
For Defendant(s): Daniel Joseph Kessler and Michael McConnell
NATURE OF PROCEEDINGS: Non-Jury Trial
Trial resumes from June 22, 2021 with all Counsel and parties present as heretofore.
Counsel for Plaintiff withdraws his objections to the testimony of Donald Jansen, and Plaintiff's
Motion in Limine no. 1, which seeks to exclude the testimony of Donald Jansen, shall no longer
apply to him.
Karen Haney, previously sworn, resumes testifying for the Plaintiff, under direct examination.
Plaintiff's request to admit exhibit 21, is argued. The Court grants Plaintiff's request as to pages 1
and 2 of exhibit 21, and the photographs, which were referred to during Ms. Haney's testimony.
Yoshko Prebanda is sworn and examined by the Plaintiff, under Section 776 of the Evidence
Code, and with the agreement of Counsel, Counsel for Defendant will call and question this
witness on Defendant's behalf.
Defendant's exhibits 42(1997 Store 281 Layout/Fixture Plan, 3 pages) and 43 (6/15/2007 Store
Layout) are marked and admitted into evidence.
Defendant's request to admit exhibit 63 is argued. Defendant's exhibit, 63, previously marked for
identification only, is admitted into evidence, with the Court's clarification to Counsel as to
which paragraphs are relevant.
Defendant's exhibit 45(8/07/2009 photo of inside from end of Ralphs Store 281) and
61(8/03/2018 email from Yosh Prebanda) are marked and admitted into evidence.
Minute Order Page 1 of 2
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division West District, Santa Monica Courthouse, Department G 19SMUD02528 June 23, 2021 LINCOLN CENTER, LLC, A CALIFORNIA LIMITED 9:00 AM LIABILITY COMPANY vs ALPHA BETA COMPANY, A CALIFORNIA CORPORATION, et al. Judge: Honorable Bobbi Tillmon CSR: electronically recorded and Kyle Miller CSR #13282 Judicial Assistant: G. Tapanes ERM: None Courtroom Assistant: None Deputy Sheriff: None APPEARANCES: For Plaintiff(s): Dean Phillip Sperling For Defendant(s): Daniel Joseph Kessler and Michael McConnell NATURE OF PROCEEDINGS: Non-Jury Trial Trial resumes from June 22, 2021 with all Counsel and parties present as heretofore. Counsel for Plaintiff withdraws his objections to the testimony of Donald Jansen, and Plaintiff's Motion in Limine no. 1, which seeks to exclude the testimony of Donald Jansen, shall no longer apply to him. Karen Haney, previously sworn, resumes testifying for the Plaintiff, under direct examination. Plaintiff's request to admit exhibit 21, is argued. The Court grants Plaintiff's request as to pages 1 and 2 of exhibit 21, and the photographs, which were referred to during Ms. Haney's testimony. Yoshko Prebanda is sworn and examined by the Plaintiff, under Section 776 of the Evidence Code, and with the agreement of Counsel, Counsel for Defendant will call and question this witness on Defendant's behalf. Defendant's exhibits 42(1997 Store 281 Layout/Fixture Plan, 3 pages) and 43 (6/15/2007 Store Layout) are marked and admitted into evidence. Defendant's request to admit exhibit 63 is argued. Defendant's exhibit, 63, previously marked for identification only, is admitted into evidence, with the Court's clarification to Counsel as to which paragraphs are relevant. Defendant's exhibit 45(8/07/2009 photo of inside from end of Ralphs Store 281) and 61(8/03/2018 email from Yosh Prebanda) are marked and admitted into evidence. Minute Order Page 1 of 2