11 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA2 IN AND FOR THE COUNTY OF MARICOPA23345 )5 THOMAS & WONG GENERAL )6 CONTRACTOR, INC., )6 Plaintiffs, )7 )7 )8 vs. ) CV No. 2005-0513258 )9 )9 BLUME LAW FIRM, et al., )10 Defendants. )10 ______________________________)11111212131314 February 7, 200814 Phoenix, Arizona1515161617 BEFORE THE HONORABLE: ROBERT C. HOUSER, Judge171818 REPORTER'S TRANSCRIPT OF PROCEEDINGS19 Jury Trial20202121222324 Lisa H. Vitoff24 Certified Court Reporter25 CCR #5025125
21 A P P E A R A N C E S234 FOR THE PLAINTIFFS:4 MR. BRYAN F. MURPHY5 Attorney at Law67 FOR THE DEFENDANTS:7 MS. CLAIR AMBROSIO8 Attorney at Law910111213 P R O C E E D I N G S141516 THE COURT: CV 2005-051325, Thomas and Wong General17 Contractor versus Jan Wallace.18 This is the time set for the continued hearing on19 the defendant's Rule 50 motion, as well as the time to settle20 final jury instructions.21 Please announce your appearances this morning.22 MR. MURPHY: Brian Murphy for the plaintiff.23 MS. AMBROSIO: Clair Ambrosio for the defendant.24 THE COURT: Anything to add, Mr. Murphy, with regard to25 this motion?
31 MR. MURPHY: Yes, your Honor.2 THE COURT: Keep it brief, I've read the statute.3 MR. MURPHY: A.R.S. Section 10-1501(7)4 THE COURT: Creation of debt.5 MR. MURPHY: Creation of debt.6 THE COURT: Counsel, Subsection 7 of the statute7 expressly exempts the creation of debt and counsel to transact8 business under the statute.9 Why doesn't this fall within the creation of debt10 exception?11 MS. AMBROSIO: Your Honor, there is more than just a12 bridge financing going on here in this matter.13 There were additional transactions that were going14 to be taking place in this case, in addition to just the bridge15 financing.16 THE COURT: Which were?17 MS. AMBROSIO: There was -- he was, he was going to be18 doing other work with BDV, which was an Arizona -- going to be19 located here in Arizona.20 THE COURT: What evidence is in the record with regard to21 any additional work that was going on?22 MS. AMBROSIO: There was work in Ghana, the construction23 company work.24 THE COURT: Anything else?25 MS. AMBROSIO: Not that comes to mind right how.
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