On July 12, 2017 a
Hearing
was filed
involving a dispute between
Walter Pierce Hammon,
and
Silvia Rutt,
for Breach of Contract/Warranty Unlimited(06)
in the District Court of Santa Clara County.
Preview
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
MINUTE ORDER
Walter Hammon vs SilviaRutt (Simoes) Hea ring Sta rt Time: 10:30 AM
17CV312921 Hearing Type: Cou rt Tr'Ia
I:Long Cause
Date of Hearing: 03/07/2019 Comments:
Heard By: Lucas, Patricia M Location: Department 3
Courtroom Reporter: -
No Court Reporter Courtroom Clerk: Ann Vizconde
Cou rt lnte rprete r:
Court Investigator:
Parties Present: Future Hearings:
Hammon, Walter Pierce Plaintiff
Silvia Rutt (Simoes) Defendant
Exhibits:
*
Parties did not retain a pro tem reporter,- thisproceeding isnot reported.
10:24 a.m.
The Court convenes with allparties listed above present.
The Court discloses that Mr. Hammon was before her court on many occasions between 2005 ancl 2008 at
Family Court.
10:26 a.m.
The Court inquires from the parties whether they have reached an agreement as to exhibits to be admitted.
10:29 a.m.
Plaintiffinforms the Court he submitted Motions in Limine as to Defendant sexhibits ancl witnesses.
Plaintiffcontinues to inform the Court that Defendant failed to provide Exhibit List ina timely manner.
The Clerk administers the oath to Plaintiff, Walter Hammon ancl Defendant, Silvia Rutt Simoes.
10:30 a.m.
The Court inquires from Defendant as to Plaintiff s exhibits.
Plaintiff s Exhibits 1 through 22, pre-marked ( listed as Exhibits A through V on Plaintiff s Exhibit List, filed
March 1, 2019 )are now admitted into evidence, with no objections by the Defendant.
10:33 a.m.
The Court addresses Defendant s Exhibits.
Plaintiffinforms the Cou rt that he wi|| raise his objections accordingly, as itbecomes necessa ry.
3/7/20] 9
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-17CV312921 Page 1 0f4
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
MINUTE ORDER
10:35 a.m.
Plaintiff,WALTER HAMMON, makes a narrative testimony on his own behalf.
The Cou rt inquires to confirm that the amou nt being requested as stated on Plaintiff
'Is
s Exhibit #8
(corresponding to Exhibit H on Plaintiff s Exhibit List).
11:12 a.m.
The Cou rt addresses the Defenda nt to inform her that this her opportunity to either ask questions of the
'Is
Plaintiff,or present her narrative testimony.
Defenda nt chooses present her testimony firstand ask questions of the Plaintiff.
11:13 a.m.
Defenda nt, SILVIA RUTT SIMOES, makes a narrative testimony on her own behalf.
11:40 a.m.
Defenda nt now cross-examines the Plaintiff.
Defenda nt further makes a statement / testimony.
11:42 a.m.
The Court addresses Plaintiffand states she understa nds the objection as to timeliness of Defenda nt s
exhibits.
Defenda nt continues to ask question as to the Plaintiff.
Defenda nt further makes a statement / testimony.
The following Defendant sExhibits are now identified and admitted into evidence:
A letter to Silvia Simoes from Walter Pierce Hammon, dated October 17, 2016
D letter to Ms. Schlepphorst from Walter Pierce Hammon, dated July 15, 2016
E letter to Kathryn from Walter Pierce Hammon, dated June 10, 2015
11:57 a.m.
The Cou rt decla res lunch recess.
1:32 p.m.
The Cou rt reconvenes with a||parties present as before.
Defenda nt resu mes asking questions as to Plaintiff.
The following Defendant s Exhibit is marked for identification:
K letter to Silviafrom Walter Pierce Hammon, dated September 9, 2016
3/7/20] 9
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
MINUTE ORDER
1:44 p.m.
The Cou rt ta kes a brief recess to allow Defendant to fix the order of her exhibits, and to make su re allof her
exhibit packets match.
2:01 p.m.
The Cou rt reconvenes with allparties present as before.
Defenda nt s exhibit packets now match that of the Clerk s Defendant s exhibit packet.
Defenda nt continues to ask questions as to Plaintiff.
The following Defendant s Exhibits are now identified and admitted into evidence:
I letter to Silviafrom Walter Pierce Hammon, dated June 27, 2016
J e-mail dated August 25, 2018 from Silvia Simoes
2:12 p.m.
The Cou rt inquires from Defendant ifshe has any more evidence to present.
Defenda nt continues to ma ke a statement / testimony on her own behalf.
The following Defendant s Exhibits are now identified and admitted into evidence:
G e-mail dated July 27, 2015 from Silvia Simoes
K letter to Silvia from Walter Pierce Hammon, dated September 9, 2016
2:18 p.m.
Defenda nt requests for the remaining exhibits to be admitted; the Court goes over the exhibits.
The following Defendant s Exhibits are now identified and admitted into evidence:
B letter to Ms. Simoes from Walter Pierce Hammon, dated January 29, 2018
C letter to Silviafrom Walter Pierce Hammon, dated August 17, 2016
F letter to Ms. Simoes from Walter Pierce Hammon, dated January 2, 2018
O copy of cashier s check inthe amount of $5,000.00, dated May 1, 2012
2:21 p.m.
Plaintiff ma kes a statement in reSponse to Defenda nt s testimony.
2:31 p.m.
Nothing fu rtheron behalf of the Plaintiff.
Defenda nt addresses the Cou rt to cla rifyher testimony.
3/7/20] 9
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Trial: -l7CV31292] Page 3 0f4
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
MINUTE ORDER
2:36 p.m.
The Court takes the matter under submission; written decision will be mailed to both parties.
The Court releases Defenda nt s Exhibits H, L, M, and N (exhibits that were pre-marked but not admitted) back
to the Defenda nt.
The Cou rt sta nds adjou rned.
3/7/20] 9
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Document Filed Date
March 07, 2019
Case Filing Date
July 12, 2017
Category
Breach of Contract/Warranty Unlimited(06)
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Walter Hammon vs SilviaRutt (Simoes) Hea ring Sta rt Time: 10:30 AM 17CV312921 Hearing Type: Cou rt Tr'Ia I:Long Cause Date of Hearing: 03/07/2019 Comments: Heard By: Lucas, Patricia M Location: Department 3 Courtroom Reporter: - No Court Reporter Courtroom Clerk: Ann Vizconde Cou rt lnte rprete r: Court Investigator: Parties Present: Future Hearings: Hammon, Walter Pierce Plaintiff Silvia Rutt (Simoes) Defendant Exhibits: * Parties did not retain a pro tem reporter,- thisproceeding isnot reported. 10:24 a.m. The Court convenes with allparties listed above present. The Court discloses that Mr. Hammon was before her court on many occasions between 2005 ancl 2008 at Family Court. 10:26 a.m. The Court inquires from the parties whether they have reached an agreement as to exhibits to be admitted. 10:29 a.m. Plaintiffinforms the Court he submitted Motions in Limine as to Defendant sexhibits ancl witnesses. Plaintiffcontinues to inform the Court that Defendant failed to provide Exhibit List ina timely manner. The Clerk administers the oath to Plaintiff, Walter Hammon ancl Defendant, Silvia Rutt Simoes. 10:30 a.m. The Court inquires from Defendant as to Plaintiff s exhibits. Plaintiff s Exhibits 1 through 22, pre-marked ( listed as Exhibits A through V on Plaintiff s Exhibit List, filed March 1, 2019 )are now admitted into evidence, with no objections by the Defendant. 10:33 a.m. The Court addresses Defendant s Exhibits. Plaintiffinforms the Cou rt that he wi|| raise his objections accordingly, as itbecomes necessa ry. 3/7/20] 9 Printed: 03/07/2019Coun Trial: Long Cause -17CV312921 Page 1 0f4 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER 10:35 a.m. Plaintiff,WALTER HAMMON, makes a narrative testimony on his own behalf. The Cou rt inquires to confirm that the amou nt being requested as stated on Plaintiff 'Is s Exhibit #8 (corresponding to Exhibit H on Plaintiff s Exhibit List). 11:12 a.m. The Cou rt addresses the Defenda nt to inform her that this her opportunity to either ask questions of the 'Is Plaintiff,or present her narrative testimony. Defenda nt chooses present her testimony firstand ask questions of the Plaintiff. 11:13 a.m. Defenda nt, SILVIA RUTT SIMOES, makes a narrative testimony on her own behalf. 11:40 a.m. Defenda nt now cross-examines the Plaintiff. Defenda nt further makes a statement / testimony. 11:42 a.m. The Court addresses Plaintiffand states she understa nds the objection as to timeliness of Defenda nt s exhibits. Defenda nt continues to ask question as to the Plaintiff. Defenda nt further makes a statement / testimony. The following Defendant sExhibits are now identified and admitted into evidence: A letter to Silvia Simoes from Walter Pierce Hammon, dated October 17, 2016 D letter to Ms. Schlepphorst from Walter Pierce Hammon, dated July 15, 2016 E letter to Kathryn from Walter Pierce Hammon, dated June 10, 2015 11:57 a.m. The Cou rt decla res lunch recess. 1:32 p.m. The Cou rt reconvenes with a||parties present as before. Defenda nt resu mes asking questions as to Plaintiff. The following Defendant s Exhibit is marked for identification: K letter to Silviafrom Walter Pierce Hammon, dated September 9, 2016 3/7/20] 9 Printed: Long Cause 03/07/20] 9 Court Trial: -17CV3 l292] Page 2 0f 4 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER 1:44 p.m. The Cou rt ta kes a brief recess to allow Defendant to fix the order of her exhibits, and to make su re allof her exhibit packets match. 2:01 p.m. The Cou rt reconvenes with allparties present as before. Defenda nt s exhibit packets now match that of the Clerk s Defendant s exhibit packet. Defenda nt continues to ask questions as to Plaintiff. The following Defendant s Exhibits are now identified and admitted into evidence: I letter to Silviafrom Walter Pierce Hammon, dated June 27, 2016 J e-mail dated August 25, 2018 from Silvia Simoes 2:12 p.m. The Cou rt inquires from Defendant ifshe has any more evidence to present. Defenda nt continues to ma ke a statement / testimony on her own behalf. The following Defendant s Exhibits are now identified and admitted into evidence: G e-mail dated July 27, 2015 from Silvia Simoes K letter to Silvia from Walter Pierce Hammon, dated September 9, 2016 2:18 p.m. Defenda nt requests for the remaining exhibits to be admitted; the Court goes over the exhibits. The following Defendant s Exhibits are now identified and admitted into evidence: B letter to Ms. Simoes from Walter Pierce Hammon, dated January 29, 2018 C letter to Silviafrom Walter Pierce Hammon, dated August 17, 2016 F letter to Ms. Simoes from Walter Pierce Hammon, dated January 2, 2018 O copy of cashier s check inthe amount of $5,000.00, dated May 1, 2012 2:21 p.m. Plaintiff ma kes a statement in reSponse to Defenda nt s testimony. 2:31 p.m. Nothing fu rtheron behalf of the Plaintiff. Defenda nt addresses the Cou rt to cla rifyher testimony. 3/7/20] 9 Printed: 03/07/2019 Court Long Cause Trial: -l7CV31292] Page 3 0f4 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER 2:36 p.m. The Court takes the matter under submission; written decision will be mailed to both parties. The Court releases Defenda nt s Exhibits H, L, M, and N (exhibits that were pre-marked but not admitted) back to the Defenda nt. The Cou rt sta nds adjou rned. 3/7/20] 9 Printed: Long Cause 03/07/20] 9 Court Trial: -17CV3 l292] Page 4 0f 4