On May 30, 2007 a
MINUTES FOR AUG-04-2010 1:30 PM FOR DEPT 602
was filed
involving a dispute between
Sagonowsky, Christina M,
and
Adams, Grant,
Adams, Grant O,
American Business Appraisers Llp An Entity,
Carroll, Michael Brooks,
Does 1 Through 50 Inclusive,
Kekoa, Curtis,
Laversin, Robert W,
for civil
in the District Court of San Francisco County.
Preview
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
August 4, 2010
CHRISTINA M SAGONOWSKY
PLAINTIFF
vs
CURTIS KEKOA
DEFENDANT
Present:
Judge: CHARLENE P. KIESSELBACH
Reporter: CANDACE YOUNT #2737
Appearing for Plaintiff (s)
CHRISTINE TOUR-SARKISSIAN
PHIL FOSTER
TOUR-SARKISSIAN LAW OFFICES
211 Gough Street, Third Floor
San Francisco, CA 94102
415-626-7744
MINUTES
Department: 602
Case Number: CGC-07-463799
Nature of Cause: Jury Trial
Malicious Prosecution, Conspiracy,
Negligence
MOTIONS IN LIMINE/PRETRIAL
CONFERENCE
Clerk: DANIAL LEMIRE
Bailiff:
Appearing for Defendant(s):
ALAN L. MARTINI
SCHEUERMAN, MARTINI & TABARI
1033 Willow Street
San Jose, CA 95125
408-288-9700
The matter comes on calendar this date, having been continued from August 2, 2010, for Jury
Trial and Motions in Limine. Court, counsel, parties and court personnel as stated above are
present
1:40pm Court and counsel confer off the record in chambers.
2:05pm _ In open court; Court states rulings on certain motions in limine.
Court states a tentative ruling as to Defendant’s motion in limine 3 to preclude evidence
and the motion is argued.
Court adopts tentative ruling on this motion and states reasons.
Case Number: CGC-07-463799
Case Title: CHRISTINA M SAGONOWSKY VS. CURTIS KEKOA et al
Date: August 04, 2010
Form: C010063:12pm
3:40pm
3:55pm
4:46pm
4:54pm
Court states tentative ruling as to Defendant’s motion in limine 4.
Motion in limine 4 is without objection but the court makes a clarification on one issue.
Defendant’s Motion in limine 5 is withdrawn.
Court reserves ruling as to Motion in limine 6 to preclude evidence as it is considered
too generalized at this time.
Motion in limine 6 is without objection.
Court states tentative ruling as to Defendant’s Motion in limine 7.
Motion in limine 7 is moot
Court states tentative ruling as to Defendant’s Motion in limine 8.
Motion in limine 8 is moot.
Court states tentative ruling as to Defendant’s Motion in limine 9.
Motion is granted in part and denied in part
Court states tentative ruling as to Defendant’s Motion in limine 10.
Motion in limine 10 is moot.
Court has no tentative ruling as to Defendant’s Motion in limine 11
Court denies Motion in limine 11
Court acknowledges the presence of Bradley White, as a possible witness for the
plaintiff.
The court admonishes plaintiff's counsel for allowing Mr. White to be present
throughout the hearings on motions in limine
Mr. White leaves the courtroom for the remainder of these pretrial hearings.
Court is in recess for a short break.
Hearing resumes with all parties present as previously stated.
At the request of the court, defendant’s counsel states affirmative defenses that are
withdrawn.
The following affirmative defenses from the answer are withdrawn
Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Nineteenth, Twentieth, Twenty-fourth, Twenty-fifth and Twenty-eighth
Court asks for legal brief on the following affirmative defenses:
Fourteenth and Twenty-seventh
Court confirms the witness lists.
After considering the witness list and certain motions in limine the court reserves ruling
on motion in limine 2 and amends the previous ruling.
Court and counsel confer regarding trial issues
Court makes a recommendation for a bifurcation of element #2.
This matter is argued by the parties.
Court and counsel confer off the record to determine schedule.
Matter is continued until Monday, August 9, 2010, at 9:00 for a bifurcated trial on
favorable termination of prior litigation in plaintiff's favor as necessary element to
Case Number: CGC-07-463799
Case Title: CHRISTINA M SAGONOWSKY VS. CURTIS KEKOA et al
-2- Date: August 04, 2010
Form: C01006prove malicious prosecution pursuant to second cause of action in the trial before this
court.
Case Number: CGC-07-463799
Case Title: CHRISTINA M SAGONOWSKY VS. CURTIS KEKOA et al
-3- Date: August 04, 2010
Form: C01006
Document Filed Date
August 04, 2010
Case Filing Date
May 30, 2007
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO August 4, 2010 CHRISTINA M SAGONOWSKY PLAINTIFF vs CURTIS KEKOA DEFENDANT Present: Judge: CHARLENE P. KIESSELBACH Reporter: CANDACE YOUNT #2737 Appearing for Plaintiff (s) CHRISTINE TOUR-SARKISSIAN PHIL FOSTER TOUR-SARKISSIAN LAW OFFICES 211 Gough Street, Third Floor San Francisco, CA 94102 415-626-7744 MINUTES Department: 602 Case Number: CGC-07-463799 Nature of Cause: Jury Trial Malicious Prosecution, Conspiracy, Negligence MOTIONS IN LIMINE/PRETRIAL CONFERENCE Clerk: DANIAL LEMIRE Bailiff: Appearing for Defendant(s): ALAN L. MARTINI SCHEUERMAN, MARTINI & TABARI 1033 Willow Street San Jose, CA 95125 408-288-9700 The matter comes on calendar this date, having been continued from August 2, 2010, for Jury Trial and Motions in Limine. Court, counsel, parties and court personnel as stated above are present 1:40pm Court and counsel confer off the record in chambers. 2:05pm _ In open court; Court states rulings on certain motions in limine. Court states a tentative ruling as to Defendant’s motion in limine 3 to preclude evidence and the motion is argued. Court adopts tentative ruling on this motion and states reasons. Case Number: CGC-07-463799 Case Title: CHRISTINA M SAGONOWSKY VS. CURTIS KEKOA et al Date: August 04, 2010 Form: C010063:12pm 3:40pm 3:55pm 4:46pm 4:54pm Court states tentative ruling as to Defendant’s motion in limine 4. Motion in limine 4 is without objection but the court makes a clarification on one issue. Defendant’s Motion in limine 5 is withdrawn. Court reserves ruling as to Motion in limine 6 to preclude evidence as it is considered too generalized at this time. Motion in limine 6 is without objection. Court states tentative ruling as to Defendant’s Motion in limine 7. Motion in limine 7 is moot Court states tentative ruling as to Defendant’s Motion in limine 8. Motion in limine 8 is moot. Court states tentative ruling as to Defendant’s Motion in limine 9. Motion is granted in part and denied in part Court states tentative ruling as to Defendant’s Motion in limine 10. Motion in limine 10 is moot. Court has no tentative ruling as to Defendant’s Motion in limine 11 Court denies Motion in limine 11 Court acknowledges the presence of Bradley White, as a possible witness for the plaintiff. The court admonishes plaintiff's counsel for allowing Mr. White to be present throughout the hearings on motions in limine Mr. White leaves the courtroom for the remainder of these pretrial hearings. Court is in recess for a short break. Hearing resumes with all parties present as previously stated. At the request of the court, defendant’s counsel states affirmative defenses that are withdrawn. The following affirmative defenses from the answer are withdrawn Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Nineteenth, Twentieth, Twenty-fourth, Twenty-fifth and Twenty-eighth Court asks for legal brief on the following affirmative defenses: Fourteenth and Twenty-seventh Court confirms the witness lists. After considering the witness list and certain motions in limine the court reserves ruling on motion in limine 2 and amends the previous ruling. Court and counsel confer regarding trial issues Court makes a recommendation for a bifurcation of element #2. This matter is argued by the parties. Court and counsel confer off the record to determine schedule. Matter is continued until Monday, August 9, 2010, at 9:00 for a bifurcated trial on favorable termination of prior litigation in plaintiff's favor as necessary element to Case Number: CGC-07-463799 Case Title: CHRISTINA M SAGONOWSKY VS. CURTIS KEKOA et al -2- Date: August 04, 2010 Form: C01006prove malicious prosecution pursuant to second cause of action in the trial before this court. Case Number: CGC-07-463799 Case Title: CHRISTINA M SAGONOWSKY VS. CURTIS KEKOA et al -3- Date: August 04, 2010 Form: C01006