Jun 22, 2020

Kim Bergel a no show, case called twice



The hearing for request for a restraining order by Eureka City Councilmember Kim Bergel against Cornelius Loewenstein was rescheduled to April 13 and reset again to June 22, 2020. Mr. Arlie Capps is Loewenstein's attorney.

The case was called twice. Judge Kelly Neel checked to see if Bergel or anyone on her behalf was logged in via Zoom in that Courtroom or any other courtroom.

Notice for the hearing today was sent out months ago when the date was reset. In Courtroom 4, attorneys and defendants are only appearing via Zoom. Mr. Capps travels from out of the County and he was personally present in the Courtroom today.

Loewenstein has had a respiratory problem and has not been tested yet. He was not present and Mr. Capps requested the hearing be continued. That was one reason for the continuance. Bergel not being present was another reason.

Since Bergel was not there, Judge Neel said Mr. Capps could notice Bergel for a deposition and see if she responds. However, she would not sign an order today for discovery requested by Mr. Capps because Bergel wasn't present and needs notice. Mr. Capps had requested an order for production of documents from Bergel.

There is no settlement. The last time the parties communicated was over a month ago, said Mr. Capps.

At the last court hearing, the parties agreed to continue the hearing, meet privately to see if they can resolve the issue and discuss future exhibits.

The hearing was continued to July 27. If you have not been following the case, previous coverage is linked below.

Previous posts:
https://johnchiv.blogspot.com/2020/04/bergel-v-loewenstein-hearing-now.html?m=1

https://johnchiv.blogspot.com/2020/03/bergel-v-loewenstein-rescheduled-to.html?m=1

https://johnchiv.blogspot.com/2020/02/bergel-lowenstein-hearing-continued-to.html?m=1
(This post includes links to several other posts and previous coverage on the case)

Related posts:
https://johnchiv.blogspot.com/2020/03/insulting-comments-with-no-facts-to.html?m=1

https://johnchiv.blogspot.com/2020/03/false-accusations-and-baseless-aka.html?m=1

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