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Jan 11th Ronald vs BofA

Jan 11th Ronald vs BofA

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Published by: i8wamu on Apr 08, 2011
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11JAN11RLD11 CASE NUMBER: BC 409 4442 CASE NAME: PAUL RONALD VS. BANK OF AMERICA3 LOS ANGELES, CA TUESDAY, JANUARY 11, 20114 DEPARTMENT 307 HON. WILLIAM F. HIGHBERGER, JUDGE5 APPEARANCES: (AS NOTED ON TITLE PAGE.)6 REPORTER: ELSA BANDA LARA, CSR NO. 32267 TIME: A.M. SESSION8 ---O---910 THE COURT: ON THE RECORD BC 409444, RONALD AND11 MANY OTHERS VERSUS BANK OF AMERICA AND OTHERS.12 STATE YOUR APPEARANCES.13 MR. SPIVAK: KENIN SPIVAK FROM THE PLAINTIFFS14 YOUR HONOR.15 MR. STEIN: GOOD MORNING, YOUR HONOR, MITCHELL16 STEIN ON BEHALF OF PAUL AND LISA RONALD ET AL., ON17 BEHALF OF ALL PLAINTIFFS.18 MR. DAVIS: ERIKSON DAVIS, YOUR HONOR, FOR19 PLAINTIFFS.20 MR. TOMASZEWSKI: CHRIS TOMASZEWSKI, YOUR HONOR,21 FOR PLAINTIFFS.22 MS. JONES: BRIDGET JONES, YOUR HONOR, FOR23 PLAINTIFFS.24 MR. KLEIN: GOOD MORNING, YOUR HONOR. HAPPY NEW25 YEAR, YOUR HONOR. KEITH KLEIN, BRYAN CAVE ON BEHALF OF26 DEFENDANTS ACCEPT FOR JAMES AGATE.27 MR. CEKIRGE: GOOD MORNING, YOUR HONOR, NAFIZ28 CEKIRGE, FOR ALL DEFENDANTS, EXCEPT FOR AGATE.
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11JAN11RLD21 MR. SHAW: GOOD MORNING, YOUR HONOR, KAMAO SHAW,2 ON BEHALF OF ALL DEFENDANTS EXCEPT AGATE.3 THE COURT: I'M GOING TO GIVE YOU A LONG SPOKEN4 TENTATIVE. I HAVE ANOTHER MATTER AT 11:30 AND HAVE TO5 BE AT LUNCH MEETING DOWNTOWN. I THINK I'M GOING TO6 INVITE YOU FOLKS TO COME BACK AT 1:30 TO ARGUE.7 SINCE THE NEED TO DEAL WITH THE 11:30 AND8 TO GET TO A LUNCH MEETING IN ANOTHER BUILDING, LIMIT THE9 TIME PRESENTLY AVAILABLE.10 THE ISSUES PRESENTED TODAY BY THIS FIRST11 DEMURRER OR TEST OF THE PLEADING AND BY THEIR RELATED12 MOTION TO STRIKE, PROVIDE THE FIRST PRACTICAL13 OPPORTUNITY FOR THE PARTIES TO TRY TO CALIBRATE THE14 STRENGTH OF THE CASE.15 BUT, HAVING SAID THAT, BY THE NATURE OF THE16 DEMURRER AND MOTION TO STRIKE, IT'S NOT A TERRIBLY17 PRECISE CALIBRATION MECHANISM. AND SO, ONE SHOULD NOT18 READ TOO MUCH INTO HOW THESE RULINGS TURN OUT.19 I'M INCLINED TO THINK THAT AT LEAST AS TO20 SOME CAUSES OF ACTION THE DEMURRER'S GOING TO BE21 OVERRULED, WHICH IS TO SAY THAT THE PLEADING IS ALREADY22 ADEQUATE. IT IS CONCEIVABLE THAT THERE WILL BE SOME23 CAUSES OF ACTION WHERE REPLEADING IS NEEDED. THE ONLY24 CAUSE OF ACTION THAT I BELIEVE IS GOING TO DIE TODAY, IS25 ONE THAT BY IMPLICATION THE PLAINTIFFS ARE WILLING TO26 LET GO, WHICH IS THE 5TH CAUSE OF ACTION. THERE WAS NO27 WRITTEN OPPOSITION TO THE DEMURRER TO THE 5TH CAUSE OFPage 2
 
11JAN11RLD28 ACTION.
31 SO, WE'LL LEAVE TODAY WITH AN AWARENESS2 THAT SOME CAUSES OF ACTION ARE ALREADY GOOD TO GO AND3 OTHERS ARE GOING TO GET A CHANCE FOR LITTLE REHAB.4 I THINK THAT WE SHOULD ALLOW FURTHER5 DISCOVERY TO GO FORWARD, ALTHOUGH I WANT TO REGULATE6 DISCOVERY DISPUTES. SO I HOPE TO AVOID WORLD WAR III OF7 DISCOVERY.8 THE ISSUES PRESENTED BY THE MANY PLAINTIFFS9 IN THIS CASE AS AGAINST THEIR CURRENT MORTGAGE LENDER10 AND/OR LOAN SERVICER ARE PART OF A LARGER SOCIOECONOMIC11 PROBLEM THAT CONFRONT OUR SOCIETY IN CALIFORNIA AND ALL12 OF THE OTHER STATES IN THIS UNION AN ISSUE OF GREAT13 CONCERN TO THE U.S. CONGRESS, STATE LEGISLATURE, AND THE14 BANK REGULATORS, GIVEN THAT IN OUR BANKING SYSTEM THE15 BANKS ARE INSURED BY THE FULL FAITH AND CREDIT OF THE16 UNITED STATES GOVERNMENT FOR ALL INTENTS AND PURPOSES.17 SO THE CONTINUED SOLVENCY OF THE BANKING INDUSTRY AS A18 WHOLE IS A MATTER OF INTENSE INTEREST TO THE U.S.19 CONGRESS AS WELL AS THE CENTRAL BANK20 A PRACTICAL QUESTION THAT CONTINUES TO BE21 IMPORTANT FOR CASE MANAGEMENT AND POSSIBLE CASE22 RESOLUTION IS WHAT IS REALLY INTENDED BY PLAINTIFFS AND23 THEIR COUNSEL IN THIS CASE? SOME OF THE CLAIMS AS24 PRESSED, IF ACTUALLY SUCCESSFUL, AND TRIED TO A JURY25 WITH A REQUEST FOR PUNITIVE DAMAGES COULD,26 THEORETICALLY, IF THE PLAINTIFFS GET THINGS TO GO THEPage 3

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