On May 23, 2005 a
Ruling Taken Under Submission - Ruling
was filed
involving a dispute between
Suburban Auto Brokers,Inc.,
Thomas Hemmer,
and
Afzal Akbar,
Keith Akbar,
Platte River Insurance Company,
Suburban Auto Brokers,Inc.,
for Unlimited Civil
in the District Court of Alameda County.
Preview
Superior Court of California, County of Alameda
Hayward Hall of Justice
Hemmer No. HG05214517
Plaintiff/Petitioner(s)
VS. Minutes
Suburban Auto Brokers,Inc.
Defendant/Respondent(s)
(Abbreviated Title)
Department 512 Honorable _ Barbara J. Miller ,Judge
Cause called for Court Trial on March 14, 2007.
Plaintiff Thomas Hemmer appearing represented by Scott Kaufman, Robert G. Padrick and Kevin Faulk.
Defendant Afzal Akbar appearing represented by Mathewson, Edward.
Defendant Keith Akbar appearing inpro per.
Defendant Platte River Insurance Company represented by Mathewson, Edward.
Defendant Suburban Auto Brokers,Inc. appearing represented by Mathewson, Edward.
9:58AM Court, Counsel and parties are present and on the record.
09:58 AM - Scott Murphy sworn for Plaintiffas a witness and under Direct Examination.
10:05 AM - Scott Murphy under Cross Examination.
Court accepts Mr. Murphy as an expert in the fieldof Tiptronic transmissions ofa 1999 VW Passat and
qualified to give opinion testimony.
10:28 AM -Scott Murphy under Re-Direct Examination.
10:29 AM -Scott Murphy excused.
10:30 AM - Thomas Hemmer under Cross Examination.
10:45 AM - Thomas Hemmer under Re-Direct Examination.
10:46 AM - Thomas Hemmer excused.
Exhibit Marked -Plaintiffs # 28: Drawing of Tiptronic shifter
Exhibit Marked -Plaintiff's # 29: Document- Request for Identification and production of documents to
Plaintiff,Thomas Hemmer.
Exhibit Marked -Plaintiff's # 30: Document -Plaintiff's response to Defendant's request forProduction of
documents, set one.
Exhibit Marked -Plaintiff's # 31: Document - Complaint forDamages
Exhibit Marked -Plaintiff's # 32: Document - Second Amended Complaint
Exhibit Admitted - Plaintiff's# 21: Photo ofMr. Hemmer's VW Passat
Exhibit Admitted - Plaintiff's# 22: Photo ofMr. Hemmer's VW Passat with VW logo in front
Exhibit Admitted - Plaintiff's# 23: Photo of same vehicle, windshield only
Exhibit Admitted - Plaintiff's# 24: Photo oflocation of Bay European Star
Exhibit Admitted - Plaintiff's# 25: Photo ofBay European Star, closer view
Exhibit Admitted - Plaintiffs # 12: Dublin VW receipt
Exhibits #10 and #20 will not be admitted, but will remain marked.
Exhibit Admitted - Plaintiff's #29: Document- Request for Identification and production of documents to
Plaintiff,Thomas Hemmer.
Exhibit Admitted - Plaintiff's# 30: Document - Plaintiff'sresponse to Defendant's request for Production
of documents, setone.
Exhibit Admitted - Plaintiff's# 31: Document - Complaint for Damages
Exhibit Admitted - Plaintiff's# 32: Document - Second Amended Complaint
Minutes
M3568720
Exhibit #28 will remain marked only and not admitted as evidence.
11:31 AM -Farid Torabian sworn for Plaintiffas a witness and under Direct Examination.
11:34 AM -Farid Torabian under Cross Examination.
11:36 AM -Farid Torabian excused.
11:41 AM - Plaintiff calls Afzal Akbar to the stand, stillunder oath, regarding piercing the corporate veil.
11:58 AM -Afzal Akbar excused.
Plaintiff requests leave of court to amend complaint to conform to the proof attrial. That matter willbe
argued in the afternoon session.
12:00PM Court recesses for lunch break
1:37PM _ Court, counsel and parties are back on record.
Plaintiff'sReporter fees paid: $220.00, receipt #216224.
Defendant's Reporter fees paid: $220.00, receipts #216912 and #216238.
Plaintiff request to amend complaint to the proof attrialis argued and the Court takes that issue under
submission.
Plaintiff rests.
Defendant makes a Motion for Nonsuit.
Motion forNonsuit isargued and taken under submission.
01:50 PM -Keith Akbar sworn for Defendant as a witness and under Direct Examination.
01:53 PM -Keith Akbar under Cross Examination.
01:58 PM -Afzal Akbar sworn for Defendant as a witness and under Direct Examination.
Exhibit Marked -Plaintiff's # 33: Computer screen shot of 'Quick Deal’
02:04 PM -Afzal Akbar under Cross Examination.
02:05 PM -Afzal Akbar excused.
02:06 PM -Keith Akbar under Re-Direct Examination.
02:06 PM -Keith Akbar under Re-Cross Examination.
02:07 PM -Keith Akbar excused.
2:08 PM - Defense rests.
2:45 PM - Mr. Padrick presents closing argument on behalf of Plaintiff.
3:12 PM Mr. Mathewson presents closing argument on behalf of Defendant.
3:43 PM - Mr. Padrick presents Rebuttal closing argument on behalf ofPlaintiff.
3:54 PM - Mr. Mathewson presents Rebuttal closing argument on behalf ofDefendant.
Ruling on Complaint -Other Taken Under Submission
Court retrurns original of Exhibit#6, Buyers Guide, as court has a copy.
Exhibit #20 has been returned, having not been moved into evidence.
Remaining exhibits will be kept by the court until a decision is mailed. Parties agree that allexhibit which
are photo copies shallbe destroyed. The exhibits #21, 22, 23, 24, 25, 26A, 26C, and 27 shall be mailed
to counsel for plaintiffwhen decision has been made by Court.
Minutes
M3568720
Minutes of 03/14/2007
Entered on 03/14/2007
Executive Officer / Clerk of the Superior Court
By Drone 2 2
Digital
Deputy Clerk
Minutes
M3568720
Document Filed Date
March 14, 2007
Case Filing Date
May 23, 2005
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Superior Court of California, County of Alameda Hayward Hall of Justice Hemmer No. HG05214517 Plaintiff/Petitioner(s) VS. Minutes Suburban Auto Brokers,Inc. Defendant/Respondent(s) (Abbreviated Title) Department 512 Honorable _ Barbara J. Miller ,Judge Cause called for Court Trial on March 14, 2007. Plaintiff Thomas Hemmer appearing represented by Scott Kaufman, Robert G. Padrick and Kevin Faulk. Defendant Afzal Akbar appearing represented by Mathewson, Edward. Defendant Keith Akbar appearing inpro per. Defendant Platte River Insurance Company represented by Mathewson, Edward. Defendant Suburban Auto Brokers,Inc. appearing represented by Mathewson, Edward. 9:58AM Court, Counsel and parties are present and on the record. 09:58 AM - Scott Murphy sworn for Plaintiffas a witness and under Direct Examination. 10:05 AM - Scott Murphy under Cross Examination. Court accepts Mr. Murphy as an expert in the fieldof Tiptronic transmissions ofa 1999 VW Passat and qualified to give opinion testimony. 10:28 AM -Scott Murphy under Re-Direct Examination. 10:29 AM -Scott Murphy excused. 10:30 AM - Thomas Hemmer under Cross Examination. 10:45 AM - Thomas Hemmer under Re-Direct Examination. 10:46 AM - Thomas Hemmer excused. Exhibit Marked -Plaintiffs # 28: Drawing of Tiptronic shifter Exhibit Marked -Plaintiff's # 29: Document- Request for Identification and production of documents to Plaintiff,Thomas Hemmer. Exhibit Marked -Plaintiff's # 30: Document -Plaintiff's response to Defendant's request forProduction of documents, set one. Exhibit Marked -Plaintiff's # 31: Document - Complaint forDamages Exhibit Marked -Plaintiff's # 32: Document - Second Amended Complaint Exhibit Admitted - Plaintiff's# 21: Photo ofMr. Hemmer's VW Passat Exhibit Admitted - Plaintiff's# 22: Photo ofMr. Hemmer's VW Passat with VW logo in front Exhibit Admitted - Plaintiff's# 23: Photo of same vehicle, windshield only Exhibit Admitted - Plaintiff's# 24: Photo oflocation of Bay European Star Exhibit Admitted - Plaintiff's# 25: Photo ofBay European Star, closer view Exhibit Admitted - Plaintiffs # 12: Dublin VW receipt Exhibits #10 and #20 will not be admitted, but will remain marked. Exhibit Admitted - Plaintiff's #29: Document- Request for Identification and production of documents to Plaintiff,Thomas Hemmer. Exhibit Admitted - Plaintiff's# 30: Document - Plaintiff'sresponse to Defendant's request for Production of documents, setone. Exhibit Admitted - Plaintiff's# 31: Document - Complaint for Damages Exhibit Admitted - Plaintiff's# 32: Document - Second Amended Complaint Minutes M3568720 Exhibit #28 will remain marked only and not admitted as evidence. 11:31 AM -Farid Torabian sworn for Plaintiffas a witness and under Direct Examination. 11:34 AM -Farid Torabian under Cross Examination. 11:36 AM -Farid Torabian excused. 11:41 AM - Plaintiff calls Afzal Akbar to the stand, stillunder oath, regarding piercing the corporate veil. 11:58 AM -Afzal Akbar excused. Plaintiff requests leave of court to amend complaint to conform to the proof attrial. That matter willbe argued in the afternoon session. 12:00PM Court recesses for lunch break 1:37PM _ Court, counsel and parties are back on record. Plaintiff'sReporter fees paid: $220.00, receipt #216224. Defendant's Reporter fees paid: $220.00, receipts #216912 and #216238. Plaintiff request to amend complaint to the proof attrialis argued and the Court takes that issue under submission. Plaintiff rests. Defendant makes a Motion for Nonsuit. Motion forNonsuit isargued and taken under submission. 01:50 PM -Keith Akbar sworn for Defendant as a witness and under Direct Examination. 01:53 PM -Keith Akbar under Cross Examination. 01:58 PM -Afzal Akbar sworn for Defendant as a witness and under Direct Examination. Exhibit Marked -Plaintiff's # 33: Computer screen shot of 'Quick Deal’ 02:04 PM -Afzal Akbar under Cross Examination. 02:05 PM -Afzal Akbar excused. 02:06 PM -Keith Akbar under Re-Direct Examination. 02:06 PM -Keith Akbar under Re-Cross Examination. 02:07 PM -Keith Akbar excused. 2:08 PM - Defense rests. 2:45 PM - Mr. Padrick presents closing argument on behalf of Plaintiff. 3:12 PM Mr. Mathewson presents closing argument on behalf of Defendant. 3:43 PM - Mr. Padrick presents Rebuttal closing argument on behalf ofPlaintiff. 3:54 PM - Mr. Mathewson presents Rebuttal closing argument on behalf ofDefendant. Ruling on Complaint -Other Taken Under Submission Court retrurns original of Exhibit#6, Buyers Guide, as court has a copy. Exhibit #20 has been returned, having not been moved into evidence. Remaining exhibits will be kept by the court until a decision is mailed. Parties agree that allexhibit which are photo copies shallbe destroyed. The exhibits #21, 22, 23, 24, 25, 26A, 26C, and 27 shall be mailed to counsel for plaintiffwhen decision has been made by Court. Minutes M3568720 Minutes of 03/14/2007 Entered on 03/14/2007 Executive Officer / Clerk of the Superior Court By Drone 2 2 Digital Deputy Clerk Minutes M3568720