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1 LOS ANGELES, CALIFORNIA; TUESDAY, APRIL 4, 2000; 1:05 P.M.
2 --oOo--
3 THE COURT: Mr. Garcia is present, all counsel are
4 present, all parties are present.
5 MR. GARCIA: Your Honor, if it please the court,
6 as to calling of witnesses, which pertains to Mr. Pike, who
7 you refer to as being from Florida - he is from Illinois -
8 recently within the last 10 minutes I agreed with Allstate's
9 defense counsel -- excuse me, plaintiff's counsel that Mr.
10 Pike would not need to be called.
11 I asked to address the court. While that decision
12 was made independently as a trial attorney, I also learned
13 over the lunch hour that it may have implications regarding
14 me personally and a loss of substantial sum of money to me
15 and my family.
16 THE COURT: I don't know what --
17 MR. GARCIA: I just want the court to know that I
18 disclosed that conflict to Mr. Ames, Mr. Booth and Mr. --
19 THE COURT: Well, you know, my curiosity is
20 piqued. Is Allstate flying you someplace?
21 MR. GARCIA: I have a case which involves a lot of
22 litigation, personal costs of a quarter million dollars which
23 may be settled or not settled.
24 THE COURT: A personal case?
25 MR. GARCIA: No, I was involved in one and Bill
LUCILLE M. LITSHEIM, CERTIFIED REALTIME REPORTER
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1 Chernoff has the case and there's been no implications in any
2 way.
3 THE COURT: Is Allstate involved in that?
4 MR. GARCIA: Yes. And it's nothing negative
5 against Allstate but I did want these gentlemen to know there
6 was a quarter million- dollars on me personally and disclosed
7 that and they said I could follow my best trial considerations
8 which is not to call Mr. Pike.
9 THE COURT: Mr. Booth, is that disclosed to you?
10 DEFENDANT BOOTH: Yes.
11 THE COURT: Counsel disclosed it to you?
12 DEFENDANT BOOTH: Yes.
13 THE COURT: Mr. LaPorte?
14 DEFENDANT LaPORTE: Yes, Your Honor.
15 THE COURT: And apparently both parties reached a
16 stipulation concerning Mr. Pike. Has that stipulation been
17 shared with you?
18 DEFENDANT BOOTH: Yes.
19 THE COURT: Mr. LaPorte also?
20 DEFENDANT LaPORTE: Yes.
21 THE COURT: Is this stipulation acceptable to each
22 of you gentlemen? Normally I wouldn't take a personal waiver
23 but I want to be sure it's all right with you.
24 DEFENDANT BOOTH: Yes.
25 THE COURT: Mr. LaPorte?
LUCILLE M. LITSHEIM, CERTIFIED REALTIME REPORTER
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1 DEFENDANT LaPORTE: Yes.
2 THE COURT: And Mr. Ames?
3 DEFENDANT AMES: Yes.
4 MR. LONGO: I've spoken with my client and I
5 believe it is not necessary on behalf of my client to call
6 Pike here to testify.
7 MR. GARCIA: I did have one other issue, if I may,
8 Your Honor.
9 THE COURT: Well, we're going one by one. Mr.
10 Pike is not going to testify and I'll hear the stipulation
11 read into the record first.
12 MR. GARCIA: There is no stipulation, he is not
13 going to testify.
14 THE COURT: He is not coming?
15 MR. GARCIA: No.
16 THE COURT: And no stipulation.
17 MR. GARCIA: No.
18 THE COURT: And no refusal from Mr. Pike.
19 MR. FITZGERALD: I want it clear for the record.
20 From the beginning Mr. Pike was available and planned to be
21 here.
22 MR. GARCIA: That's correct. They have helped me
23 tremendously in that regard.
24 THE COURT: What is the next issue?
25 MR. GARCIA: The two-page summary that the court
LUCILLE M. LITSHEIM, CERTIFIED REALTIME REPORTER