On September 24, 2007 a
Order
was filed
involving a dispute between
and
for (Breach of Contract/Warranty)
in the District Court of Sacramento County.
Preview
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SACRAMENTO
GORDON D SCHABER COURTHOUSE
MINUTE ORDER
DATE: 01/31/2011 TIME: 09:00:00 AM DEPT: 43
Judicial Officer Presiding: John Morrison
CLERK: A. Brown
REPORTER/ERM: E Varela CSR# 4977
BAILIFF/COURT ATTENDANT: A. Hughey
CASE NO: 07AS04450 CASE INIT.DATE: 09/24/2007
CASE TITLE: Rodney Abbott, et al vs. Ronald Paul Britschgi, et al
CASE CATEGORY: Civil - Unlimited
EVENT TYPE: Civil Jury Trial - Civil Trial
APPEARANCES
STEPHANIE FINELLI was present for the plaintiffs, TODD JONES and GREGORY FEDERICO were
present for defendant CA Construction
PROCEEDINGS: JURY TRIAL DAY TEN
Prior to the jurors entering the deliberation room; Counsel met with the clerk and stipulated to adding
CACI 1900 and special instruction No. 9 to the instructions to be provided the jurors; counsel also
stipulated to the form of verdict; and, exhibit No. 95, the scale model of property topography was marked
for identification and ruled in evidence by the Court on a telephonic conference call with counsel.
At 10:05, the jurors and alternate juror were present and entered the deliberation room.
At 1:24 p.m., the following communication was received from the jury:
"We, the jury in the above-entitled action, request the following:
The Bryan Hill Deposition/Report or Read Back.
Dated: 1-3-11 /S/ juror seat no. 3
Time: 1:24 Foreperson
There being no opposition by counsel, at 1:50 p.m., the Court Reporter, ELENA VARELA entered the
deliberation room to commence readback of the requested deposition testimony.
The jurors indicated that was not what they required and would send a further request. The Court
Reporter exited the deliberation room.
At 3:00 p.m., the following communication was received from the jury:
"We, the jury in the above-entitled action, request the following:
Can we get copies of exhibit 89.
Can we get copies of the Bryan Hill report (pertaining to) compaction on dirt or lack of.
Dated: 1-3-11 /S/ juror seat no. 3
Time: 3:00 Foreperson
DATE: 01/31/2011 MINUTE ORDER Page 1
DEPT: 43 Calendar No.
CASE TITLE: Rodney Abbott, et al vs. Ronald Paul CASE NO: 07AS04450
Britschgi, et al
After being informed telephonically of the request, counsel stipulated that copies of exhibit No. 89 could
be distributed to the deliberating jurors.
Counsel conferred as to the remainder of the request and emailed a response to the clerk. After a minor
change from the original that was confirmed by counsel via email, the following response was sent to the
jurors:
After title of court and cause:
The experts reports in this case have not been admitted into evidence, and are not available for review.
However, photographs and select diagrams from expert reports, including those from Bryan Hill, have
been admitted into evidence and are in your possession.
Dated: January 31, 2011
At 4:20 p.m., the jury, having not reached a verdict, adjourned for the evening to return February 1,
2011, at 9:00 a.m. in the hallway next to the courtroom.
DATE: 01/31/2011 MINUTE ORDER Page 2
DEPT: 43 Calendar No.
Document Filed Date
January 31, 2011
Case Filing Date
September 24, 2007
Category
(Breach of Contract/Warranty)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO GORDON D SCHABER COURTHOUSE MINUTE ORDER DATE: 01/31/2011 TIME: 09:00:00 AM DEPT: 43 Judicial Officer Presiding: John Morrison CLERK: A. Brown REPORTER/ERM: E Varela CSR# 4977 BAILIFF/COURT ATTENDANT: A. Hughey CASE NO: 07AS04450 CASE INIT.DATE: 09/24/2007 CASE TITLE: Rodney Abbott, et al vs. Ronald Paul Britschgi, et al CASE CATEGORY: Civil - Unlimited EVENT TYPE: Civil Jury Trial - Civil Trial APPEARANCES STEPHANIE FINELLI was present for the plaintiffs, TODD JONES and GREGORY FEDERICO were present for defendant CA Construction PROCEEDINGS: JURY TRIAL DAY TEN Prior to the jurors entering the deliberation room; Counsel met with the clerk and stipulated to adding CACI 1900 and special instruction No. 9 to the instructions to be provided the jurors; counsel also stipulated to the form of verdict; and, exhibit No. 95, the scale model of property topography was marked for identification and ruled in evidence by the Court on a telephonic conference call with counsel. At 10:05, the jurors and alternate juror were present and entered the deliberation room. At 1:24 p.m., the following communication was received from the jury: "We, the jury in the above-entitled action, request the following: The Bryan Hill Deposition/Report or Read Back. Dated: 1-3-11 /S/ juror seat no. 3 Time: 1:24 Foreperson There being no opposition by counsel, at 1:50 p.m., the Court Reporter, ELENA VARELA entered the deliberation room to commence readback of the requested deposition testimony. The jurors indicated that was not what they required and would send a further request. The Court Reporter exited the deliberation room. At 3:00 p.m., the following communication was received from the jury: "We, the jury in the above-entitled action, request the following: Can we get copies of exhibit 89. Can we get copies of the Bryan Hill report (pertaining to) compaction on dirt or lack of. Dated: 1-3-11 /S/ juror seat no. 3 Time: 3:00 Foreperson DATE: 01/31/2011 MINUTE ORDER Page 1 DEPT: 43 Calendar No. CASE TITLE: Rodney Abbott, et al vs. Ronald Paul CASE NO: 07AS04450 Britschgi, et al After being informed telephonically of the request, counsel stipulated that copies of exhibit No. 89 could be distributed to the deliberating jurors. Counsel conferred as to the remainder of the request and emailed a response to the clerk. After a minor change from the original that was confirmed by counsel via email, the following response was sent to the jurors: After title of court and cause: The experts reports in this case have not been admitted into evidence, and are not available for review. However, photographs and select diagrams from expert reports, including those from Bryan Hill, have been admitted into evidence and are in your possession. Dated: January 31, 2011 At 4:20 p.m., the jury, having not reached a verdict, adjourned for the evening to return February 1, 2011, at 9:00 a.m. in the hallway next to the courtroom. DATE: 01/31/2011 MINUTE ORDER Page 2 DEPT: 43 Calendar No.