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A-1 Transmission Automotive Technology, Inc v. Amco Insurance Company

THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 27, 2012

A-1 TRANSMISSION AUTOMOTIVE TECHNOLOGY, INC., PLAINTIFF,
v.
AMCO INSURANCE COMPANY, A CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Ronald S. Lew Senior, U.S. District Court Judge

ORDER ON AMCO INSURANCE COMPANY'S OBJECTIONS TO PLAINTIFF'S DECLARATION TESTIMONY AND EXHIBITS IN SUPPORT OF OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT

Fed. Rule Civ. Proc. Rule 56

Hearing Date: April 3, 2012 Time: 10:00 a.m. Dept: 21 Judge: Ronald S. Lew Upon review of all moving and opposing papers and evidence, and upon hearing argument of counsel, this Court issues the following rulings on Defendant AMCO Insurance Company's ("AMCO") Objections to Plaintiff's Declaration Testimony and Exhibits in Support of their Opposition to Motion for Partial Summary Judgment.

Declaration of Francis X. Doherty

Objection No. 1-4 Sustained: __________

Overruled: ____X_____

Objection No. 5 Sustained: ____X_____

Overruled: __________

Objection No. 6 Sustained: __________

Overruled: ____X_____

Objection No. 7-9 Sustained: ____X_____

Overruled: __________

Objection No. 10-13 Sustained: __________

Overruled: ____X_____

Declaration of Phil Allman

Objection No. 14-15 Sustained: __________

Overruled: ____X_____

Declaration of David Skipton

Objection No. 16 Sustained: ____X_____

Overruled: __________

Objection No. 17-18 Sustained: __________

Overruled: ____X_____

Objection No. 19 Sustained: ____X_____

Overruled: __________

Objection No. 20-32 Sustained: __________

Overruled: ____X_____

Declaration of David Krattenmaker

Objection No. 33-36 Sustained: __________

Overruled: ____X_____

Objection No. 37 Sustained: ____X_____

Overruled: __________

Objection No. 38-46 Sustained: __________

Overruled: ____X_____

Objection No. 47 Sustained: ____X_____

Overruled: __________

Objection No. 48-57 Sustained: __________

Overruled: ____X_____

Objection No. 58 The Court OVERRULES the objection as to the part of the statement that states that Defendant denied Plaintiff's claim for the construction of the office. The Court, however, SUSTAINS the objections as to the part of the statement that Defendant did not inspect the office because statement lacks foundation.

Objection No. 59 Sustained: __________

Overruled: ____X_____

Objection No. 60 The Court OVERRULES as to the portion of the statement that Defendant denied Plaintiff's EE claim. The Court, however, SUSTAINS the objections as to the portion of the statement that Defendant gave no consideration to Plaintiff's interests, because it lacks foundation.

Objection No. 61 The Court OVERRULES the portion that Melton failed to inspect because Krattenmaker has personal knowledge as to whether Melton inspected the premises. The Court SUSTAINS the objection as to the portion that Melton speculated that the extra expenses were actually for the repair of the building, because it lacks foundation

Objection No. 62-64 Sustained: __________

Overruled: ____X_____

Objection No. 65 The Court SUSTAINS as to the part that relates to Skipton's "impression," because Krattenmaker does not have personal knowledge as to Skipton's impressions. The Court OVERRULES as to the part that the extra expenses were not used for the repair of the building.

Objections No. 66-74 Defendant has numbered its objections incorrectly and does not actually include objections number 66-74.

Objection No. 75-76 Sustained: __________

Overruled: ____X_____

IT IS SO ORDERED.

RONALD S.W. LEW

20120427

© 1992-2012 VersusLaw Inc.



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