1. MINUTE ORDER
SUPERIOR COURT OF CALIFORNIA,
Time: 09:00:00 AM
VENTURA
COUNTY OF VENTURA
Dept: 24Date: 10/12/2007
Judicial Officer Presiding: Judge Steven Hintz
Clerk: Leticia Cisneros
Reporter: Erika Sjoquist
Case Category: Civil - Unlimited Case Type: Breach of Contract/Warranty
Case Title: MARINA GLENCOE VS AMIDI PARTNERS
Case No: CIV231175
Event Type: Court Trial (LC)
Moving Party: MARINA GLENCOE LP
Causal Document & Date Filed: Complaint, 12/28/2004
Appearances:
JULIAN SIMONIS present for Marina Glencoe and Stephen Gaggero.
MICHAEL LIBERTY and SAM FERDOWS present for Amidi Partners and AMA Construction & Real
Estate.
PETER GOLDENRING present for James Mesa.
12th Day of Trial
Bifurcated Court Trial.
Stage: Defense Case.
At 9:03 a.m., Court reconvenes with plaintiff(s), defendant(s) and counsel present as noted above.
The Court finds/orders:
Motion for non-suit on complaint by defendant Amidi Partners is granted as set forth on the record.
Motion for Judgment on complaint by defendant Amidi Partners is granted as set forth on the record.
Defendant Amidi Partners motion to dismiss Steven Gaggero's answer to cross complaint and motion
to dismiss Marina Glencoe complaint is filed.
At 9:25 a.m., Court is in recess.
MINUTE ORDER Page: 1Date: 10/12/2007
Dept: 24
2. Case Title: MARINA GLENCOE VS AMIDI PARTNERS
Case No: CIV231175
At 9:49 a.m., Court reconvenes with plaintiff(s), defendant(s) and counsel present as noted above.
Court directs Mr. Liberty to prepare and submit a proposed statement of decision within 10 days.
At 9:57 a.m. Mr. Liberty calls Stephen Gaggero as his first witness.
The motion is /to strike Stephen Gaggero's answer and enter judgment as to 6th cause of action is
denied .
Court orders sanctions against Stephen Gaggero as set forth on the record.
At 10:25 a.m., Court is in recess.
At 10:34 a.m., Court reconvenes with plaintiff(s), defendant(s) and counsel present as noted above.
Sanctions ordered as set forth on the record.
The Court orders sanctions against Cross - Defendant, STEPHEN GAGGERO in the sum of $
12000.00, for failing to appear for trial payable to Cross - Complainant AMIDI PARTNERS LLC by
11/09/2007.
The court accepts the partial settlement of cross complainant Amidi Partners LLC and cross
defendant James Mesa as set forth on the record.
Court-supervised settlement pursuant to CCP 664.6.
The Court orders Cross Complaint - Amended against JAMES MESA be dismissed without prejudice.
On motion of Mr. Liberty for moving party: 2nd Amended cross-complaint of Amidi Partners LLC is
dismissed as to the 1st,2nd and 3rd cause of action only.
At 11:07 a.m., Court is adjourned in this matter.
Jury Trial (LC) (Bifurcated-Phase II) is scheduled for 10/22/2007 at 09:00 AM in Courtroom 27.
Court orders James Mesa excused subject to recall until 10/22/07 on 4 hour notice.
Court orders Marina Glencoe,Stephen Gaggero,Amidi Partners LLC, and AMA Construction present
on 10/22/07.
MINUTE ORDER Page: 2Date: 10/12/2007
Dept: 24