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[Mary_McConnell]

Thanks for the terrific summery, Skydog. That was essentially my take on what I read but it was hard for me to explain being a nonlegal person

[mefree]

My reading of the Order tells me that the judge was pretty upset at the conduct of the attorneys. A motion for summary judgment is designed to reduce the time of trial by resolving as many legal issues as possible. Where certain facts are not disputed, it is the court's job to determine their legal consequence....

...The court seemed to suggest that the late filings might have resolved the issue of constructive eviction but refused to do so because of the late filings. I sense annoyance on the part of the court because the parties did not resolve this case.

I think your conclusions are accurate. Andrea Cantrell Jones indicated that both parties were very far apart going into dispute resolution. Apparently, they were unable to compromise and the late filings were a further irritant for the judge.

Thanks for your comments, skydog.

[ethercat]

Thanks, skydog.  I'm reminded of the point in the hearing at which the judge told Andrea Cantrell Jones (defendant's lawyer) the right to collect rents, that it's "not your best argument."  She said it with a smile on her face, but the undertone was there.

She did seem annoyed in the courtroom that the case had not been resolved in some way already, since it had been filed in 2010, and made a statement to that effect.

[mefree]

Latest docket entries in this case. No dox.

Case:   10CV13242 (Open)   WATERFORD PARK VS. CHURCH OF SCIENTOLOGY (TB)
Filing Date:   11/23/2010   Type: Superior General Civil
Judge:   GAIL C. FLAKE   Superior Court
Secondary:   Breach Of Contract

Case ID      10CV13242
Description      ORDER FILED
Docket Filing Date      02-APR-2012
Associated Party      None
Text      
     ORDER DENYING PLAINTIFFS' SECOND MOTION FOR SUMMARY JUDGMENT, SIGNED BY JUDGE GAIL C. FLAKE. (WS)

---------------------------------------------------------------------------------

Case ID      10CV13242
Description      LETTER
Docket Filing Date      02-APR-2012
Associated Party      None
Text      
     DEAR JUDGE FLAKE FROM ANDREA CANTRELL JONES. (WS)

[Mary_McConnell]

Wonder what's up with twice not getting summary judgement?

[mefree]

  No clue.