miller aurora v.calpers rough draft court ruling (1)

8/12/2019 Miller Aurora v.Calpers rough Draft Court Ruling (1)

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Court's ruling - partial rough Draft - 5-2-14

THE COURT: Thank you. Recalling line number three, Aurora

Advisors, Incorporated, versus CalPERS.

Good morning, again. Counsel are all here.

MS. MORROW: Good morning.

THE COURT: I am ready to make my ruling.

THE COURT: I considered the Petition for Writ of Mandate,

as well as the written submissions that were filed that I

articulated at the beginning of the hearing.

I also considered the testimony today and the exhibit that

was introduced in evidence today, Exhibit 1.

Let me start by ruling on the evidentiary objections.

The objections to the Gregory declaration, the first and the

second Gregory declarations, are overruled.

The objections to the second declaration of Michael Olenick,

O-L-E-N-I-C-K, I am sustaining the following objections.

Objection number 7 is irrelevant.

Objection number 10, sustained. Hearsay. Argumentative.

Objection number 11, sustained. Irrelevant. Improper

opinion.

Objection number 12, sustained. Hearsay.

Objection number 14, sustained. Irrelevant. Lacks

foundation.

Objection number 15, sustained. Improper argument.

And I am referring to the objection numbers in the written

objections to evidence that were filed by the objecting party,

CalPERS.

The remainder of the objections are overruled.

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specify when records must be produced. And I am citing the

Motorola Communication & Electronics Incorporated versus

Department of General Services, 55 Cal.App.4th, 1340 at 1349.

At no time did CalPERS ever refuse to produce documents or

claim an exemption, yet repeatedly offered if there were any

further questions or missing documents that Petitioners should

let them know.

So pursuant to 6259(d) of the Government Code and the

standards set forth explicating that in the Motorola

Communications case, I find an award of attorney's fees and

costs is not warranted in the case.

That's my ruling, and I thank everybody for your papers and

for your arguments here today.

MR. GREGORY: Thank you, Your Honor.

MR. FONG: Thank you, Your Honor.

THE COURT: And, Mr. Fong, the clerk has asked me to return

Exhibit 1 to you for safekeeping. I'll do that now and note

that Exhibit 1 is a eight-page document. I'm just counting the

one-side aspect of it and not the two-side aspect of it.

I will give it to the deputy to give to you.

MR. GREGORY: Thank you.

(Proceedings concluded.)

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miller aurora v.calpers rough draft court ruling (1)

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