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Tentative Ruling: Sanders Must Give Deposition

Judge John S. Meyer ruled tentatively today (July 8) that Mayor Jerry Sanders can be deposed in the case of Kessler vs. City of San Diego. The City was trying to protect the mayor from the deposition. The City will have a chance to argue against the judge's ruling tomorrow. As the Reader has reported in two lengthy pieces and several blog items, a police detective and an FBI agent did a study on fraud at a business improvement district by Little Italy powerhouse Marco Li Mandri and felon Joe Mannino. Scott Kessler, a City employee who rode herd on business improvement districts, cooperated with the investigators, and passed their report to the Ethics Commission. Kessler was fired. He sued, and among other things said the mayor had been enraged in learning of Kessler's cooperation. The City argued that government executives such as Sanders are exempt from depositions absent compelling reasons. When an official has direct personal factual information on the material issue, he or she can be deposed. The judge ruled that Sanders has direct personal factual information pertaining to the material issues and cannot be shielded by a protective order.

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Judge John S. Meyer ruled tentatively today (July 8) that Mayor Jerry Sanders can be deposed in the case of Kessler vs. City of San Diego. The City was trying to protect the mayor from the deposition. The City will have a chance to argue against the judge's ruling tomorrow. As the Reader has reported in two lengthy pieces and several blog items, a police detective and an FBI agent did a study on fraud at a business improvement district by Little Italy powerhouse Marco Li Mandri and felon Joe Mannino. Scott Kessler, a City employee who rode herd on business improvement districts, cooperated with the investigators, and passed their report to the Ethics Commission. Kessler was fired. He sued, and among other things said the mayor had been enraged in learning of Kessler's cooperation. The City argued that government executives such as Sanders are exempt from depositions absent compelling reasons. When an official has direct personal factual information on the material issue, he or she can be deposed. The judge ruled that Sanders has direct personal factual information pertaining to the material issues and cannot be shielded by a protective order.

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Comments
47

Have no fear, Don, that ruling will be quashed tomorrow, right on schedule. When has a local judge actually ruled against the establishment?

July 8, 2010

Response to post #1: You may be right. We should find out tomorrow. Best, Don Bauder

July 8, 2010

Tenative rulings are overturned about 1 out of a 1,000.

It is very rare.

It is not getting over turned.

July 8, 2010

Oh what a tangle web Jerry weaves when he tries to deceive. The stories at the PD are legendary, if only in mind of Jerry Sanders. But why would anyone think they'd get the truth just because he's being deposed?

July 9, 2010

Response to post #3: I hope you are right. Sanders's deposition should be very revealing in this important case. Best, Don Bauder

July 9, 2010

Response to post #4: Yes, the person being deposed -- particularly a government official -- may be evasive or simply not tell the truth at all. But as one who has read a lot of depositions, I believe that, if Sanders's depo goes forward, journalists will find some nuggets. That only applies to journalists who are interested. Best, Don Bauder

July 9, 2010

You can watch the process today, Department C-61, 10:30.

Mr. Bauder: Please stop referring to Kessler as "riding herd." He was an integral part of the crooked herd at Economic Development and CPCI, until the herd saw the cliff ahead when they were exposed. Kessler turned away from the herd to save his dirty self, and is now trying to sell out everyone else. When the illegal pusuits of Sanders and CPCI/Economic Development were exposed, Kessler took the hit and was fired; CPCI's Anderson was demoted for a while as punishment. Kessler knew about and approved using HUD money to hire a PR company(Public Solutions) to promote assessment district formation, and participated in several other abuses of State and Federal laws that go back to the machinations of Casey Gwinn and Marco LiMandri. Kessler lied during Council hearings and public meetings about several related issues. Why don't you ask Faulconer why he pulled the Pacific Beach assessment district formation process from the Council docket in 2007/2008? Ask him if it had anything to do with HUD money and Public Solutions, or with the lawsuit filed against the City over the formation of the Golden Hill assessment district. Kessler "rode herd" over both of those illegal processes. The Golden Hill lawsuit was decided against the City, and the City is now appealing (4th Appellate, Div 1, Case D057004). At stake is not just the Golden Hill assessment, but all of the other eight illegal assessments that Economic Development runs. It's a big deal to them and to LiMandri. Every word Kessler or anyone from the City says about this will be most interesting, related to the appellate case. They were all part of the same dirty group. Snakes, not cattle.

July 9, 2010

Jerry Sanders is rehearsing his lines already

most used will likely be

"to the best of my knowledge "

and " I don't recall"

July 9, 2010

Jerry Sanders is rehearsing his lines already

most used will likely be

"to the best of my knowledge "

and " I don't recall"

By MURPHYJUNK

LOL.......funny stuff.

What do they call that??..."plausable deniability"..... or soemthing similar.

July 9, 2010

Can Mayor Sanders take the Fifth in a deposition or is this only in court and on TV ?

July 9, 2010

Response to post #7: You might re-read (or read) the initial March 3 and March 17 columns that I did. The March 3 one was accompanied by an online copy of Kessler's suit and the fraud study by the FBI and SD detective. Best, Don Bauder

July 9, 2010

Response to post #8: Yes, preceded by a conference with his attorney. Best, Don Bauder

July 9, 2010

Response to post #9: I call it evasion. Best, Don Bauder

July 9, 2010

Response to post #10: I assume he can take the fifth in a depo. Ask SP. Best, Don Bauder

July 9, 2010

"You can watch the process today, Department C-61, 10:30."

Hopefully Mr. Hall from the U-T will be there, having at least monitored the Superior Court website for the tentative ruling post last night.

This morning's early chest pain is too much for me. I won't make it.

Having lost the tentative ruling and with little chance of getting it quashed (motion to quash subpoena would have been earlier alternative or concurrent move relative to protective order), the next move will be to negotiate a delayed deposition or limit to a written deposition, giving time to reflect before answering.

People, you should be amused by the fact that comments following Mr. Hall's article point to the Reader as the best source of information on the Kessler mess in this burg.

July 9, 2010

I call it evasion. Best, Don Bauder

And many more would call it obstruction of justice and perjury!

July 9, 2010

RE #14:

By Cal. Code of Civil Procedure, a witness or her/his attorney can object to a question (perhaps even citing self-incrimination). Objections can be significant enough to cause a halt to the deposition until the objection is heard by the case-assigned judge, perhaps months later. Better to rephrase and re-ask, then go with what one gets (certified court reporters being expensive by the hour...).

Before I and others were to be deposed in a matter involving a local power utility which shall remain un-named, the utility holding company's lead attorney requested that he be allowed to call Judge Yuri Hofmann by telephone for instant rulings on any at-deposition objections I or my fellow plaintiffs-without-attorney might have in early to mid-2009.

Judge Hofmann's "NO!" shook the courtroom and caused other attorneys waiting for their later 10:30-scheduled hearings to snicker loudly.

July 9, 2010

RE #16:

Even if answers rise to the level of obstruction and perjury, a good examining attorney can get the kind of responses that will cause other deposition subpoenas for others' witness testimony to be issued shortly.

Hiz Honor's deposition, delayed or not, won't be the last.

July 9, 2010

Judge Hofmann's "NO!" shook the courtroom and caused other attorneys waiting for their later 10:30-scheduled hearings to snicker loudly.

That's pretty funny.

On a side note-this request for instant telephonic orders does happen, BUT only after there have been problems in previous depositions.

In fact in one deposition the judge made the opposition come to the courthouse and was in the next room over in case there were any problems. And in this particular case there were serious problems previously (WARNING: graphic language is used in the link-don't hit it if you are easily offended);

http://www.paed.uscourts.gov/documents/opinions/08D0240P.pdf

July 9, 2010

From what I read if there are underlying criminal issues, the Mayor could take the Fifth but it is normally not part of a civil case. I am confused.

July 9, 2010

"take the Fifth"

usually they get a whole case, not just a fifth :)

July 9, 2010

Response to post #15: Yes, I had two columns back in March and for the first, we printed Kessler's case and the entire fraud study by the FBI and SD police detective. There have been a number of blog posts since. Best, Don Bauder

July 9, 2010

Response to post #16: Maybe those are better terms. Best, Don Bauder

July 9, 2010

Response to post #16: "A local power utility that shall remain unnamed?" Hmm. Wonder who that could be? (Your previous posts give a hint.) Best, Don Bauder

July 9, 2010

Response to post #17: I am waiting right now for word from the court on whether the judge reversed himself. I will post it as soon as I hear. Best, Don Bauder

July 9, 2010

Response to post #18: That may well be true. Best, Don Bauder

July 9, 2010

Response to post #19: In the law, few things seem to happen instantly. Glad to hear there are some exceptions. Best, Don Bauder

July 9, 2010

Response to post #20: Maybe our lawyers can clarify this matter. Best, Don Bauder

July 9, 2010

Response to post #21: If you hadn't mentioned that, I would have. But I would have said quart. Best, Don Bauder

July 9, 2010

Looking at the case 37-2009-00092899-CU-WE-CTL Register of Actions, there is a hearing set for City's Motion for Summary Judgment on the case, or in the alternative, summary adjudication of selected parts (MSJ).

MSJ hearing has been rescheduled several times, with it currently set for 9/10/2010 10:30AM Dept. C-61 (Judge Meyer)

With the up-coming MSJ hearing, it is damn difficult to imagine that Hiz Honor will not be deposed, especially since MSJ was requested BY DEFENDANT CITY OF SAN DIEGO, wanting to get the whole "truth" out BEFORE it has to go to trial in October 2010.

I know from limited personal experience that preparing Plaintiff's Opposition to Motion for Summary Judgment can require what Judge Hofmann called "herculean" effort... and mine without attorney was not successful.

July 9, 2010

Join hands and pray that His Honor does not copy Lindsay Lohan and wear nail polish with something crude stenciled on each of his middle fingers at this deposition.

July 9, 2010

Response to post #30: Especially when judges want to keep as many cases as possible from going to trial, and especially when the City is the defendant. Best, Don Bauder

July 9, 2010

Response to post #31: I keep hearing about this Lindsay Lohan in connection with mischief. Is she a movie star seeking publicity? Best, Don Bauder

July 9, 2010

RE #33:

... maybe WAS a movie star, now a rehab recidivist?

July 9, 2010

LiLo is a former child star trying to game the system. She wants to appeal a 90 day jail sentence for violating the terms of her probation. Her attorney of record apparently quit perhaps because the young lady is described as "recalcitrant" in some published articles.

Would the Mayor ever be recalcitrant ? Will the City Attorney himself represent the Mayor at the depo if it goes forward ? Does Judge Meyer perhaps need SDPD protection due to his most recent ruling in this matter ?

Inquiring minds want to know.

July 9, 2010

She's what they call a "hot mess". Actually, Don, she was a very talented young actress who ruined her career by drinking and taking drugs, getting caught, and not showing up for her court dates.

July 9, 2010

36...hhhhhhmmmmmmmmm...that reminds me of a few others Grantie

July 9, 2010

LiLo is a former child star trying to game the system. She wants to appeal a 90 day jail sentence for violating the terms of her probation. Her attorney of record apparently quit perhaps because the young lady is described as "recalcitrant" in some published articles.

FREE LiLo!

July 9, 2010

She's what they call a "hot mess". Actually, Don, she was a very talented young actress who ruined her career by drinking and taking drugs, getting caught, and not showing up for her court dates.

"Herbie Fully Loaded" shows off Lindsey's talent, and is an awesome film!

July 9, 2010

Now it's "Lindsay - Fully Loaded".

July 9, 2010

Response to post #34: It's becoming clear. Best, Don Bauder

July 10, 2010

Response to post #35: Mayor Sanders. Recalcitrant? Where is your belief in the sanctity of government? Best, Don Bauder

July 10, 2010

Response to post #35: There was a young lady named Spears, and another named Hilton, who seemed to fall in the same category, as I recall. Are you certain these weren't typical Hollywood publicity stunts? Best, Don Bauder

July 10, 2010

Response to post #36: I named two, although I couldn't remember their first names. Now I remember one: Paris Hilton. Best, Don Bauder

July 10, 2010

Response to post #38: Free her because she is recalcitrant? Best, Don Bauder

July 10, 2010

Response to post #39: Since I see about two movies a year, I am certain I will never see this one. Best, Don Bauder

July 10, 2010

Response to post #40: Sounds like it. Best, Don Bauder

July 10, 2010

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