CAFC Chronicles: Costly Tales of Claim Construction Fails
{55 fc9e0b 9843-4a63-80fe-58b498d2f5bd}
1. MINUTE ORDER
SUPERIOR COURT OF CALIFORNIA,
Time: 04:37:39 PM
VENTURA
COUNTY OF VENTURA
Dept: 24Date: 12/11/2007
Judicial Officer Presiding: Judge Steven Hintz
Clerk: Rosie Corona
Reporter:
Case Category: Civil - Unlimited Case Type: Breach of Contract/Warranty
Case Title: MARINA GLENCOE VS AMIDI PARTNERS
Case No: CIV231175
Event Type: Ruling on Submitted Matter
Appearances:
RULING ON SUBMITTED MOTIONS
The Court, having taken the above-entitled matter under submission on December 7, 2007
and having fully considered the arguments of all parties, both written and oral, as well as the evidence
presented, now rules as follows:
Marina Glencoe moves to vacate the court's ruling on Amidi's motion for non-suit/judgment pursuant
to section 631.08 of the Code of Civil Procedure.
The motion was fully argued at the time of trial. Marina Glencoe's arguments in this motion are not
new, and do not cause the court to doubt that its original ruling was correct and supported by the
evidence and law.
The motion is denied.
Marina Glencoe moves to vacate the order of sanctions against Stephen Gaggero.
The arguments that the sanctions were inappropriate at the time they were ordered are not new, and
do not cause the court to doubt that its original order was correct. There is no actual evidence that
Amidi did anything inappropriate relative to Gaggero's appearance. Amidi's presentation of its case
was clearly harmed.
MINUTE ORDER Page: 1Date: 12/11/2007
Dept: 24
2. Case Title: MARINA GLENCOE VS AMIDI PARTNERS
Case No: CIV231175
Marina Glencoe argues that the sanctions should be vacated because Amidi later dismissed the
cause of action on which Gaggero was meant to testify. It fails because Amidi's pragmatic decision
not to pursue the cross-complaint was motivated by the absence of the key witness, exactly the
predictable harm that justified the sanctions.
Marina Glencoe further argues that the sanctions are unenforceable because the transcript is
insufficient as a contempt order. The transcript is clear enough about the basis for the findings of the
court, pursuant to sections 1987 and 1991 of the Code of Civil Procedure. A written order is not
required. If Amidi wants a written order, it can submit one.
The motion is denied.
The clerk is directed to give notice.
MINUTE ORDER Page: 2Date: 12/11/2007
Dept: 24