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 ELECTRONICALLY FILED
2/18/2011 2:51 PM
CV-2010-002120.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
ANNE-MARIE ADAMS, CLERK

IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

BIRMINGHAM DIVISION

BRADEN FURNITURE CO., INC., )

Plaintiff, )
)
V. ) Case No.: CV-2010-002120.00
)
MANNING BONNIE, )
Defendant. )
ORDER

This matter is before the Court on plaintiff’s Motion for Partial Summary Judgment and

defendant’s Rule 56(f) motion.

Plaintiff has submitted evidence Ms. Manning has made a confession concerning the

matters in dispute in this action. Defendant contends that she is not able to present evidence in

opposition because she would be required to waiver her Fifth Amendment right against self

incrimination in order to present such evidence.

It has been held that a party may not assert the privilege against self incrimination and

thereby bring the civil action to a halt. Fisher v. Gibson, 90 Cal. App. 4th 275, 109 Cal. Rptr. 2d

145 (2001). In Fisher, the defendant made no evidentiary offer that facts necessary to oppose the

motion might exist and could not then be presented. The position that simply asserting the

privilege due to a parallel criminal proceeding should prevent summary judgment was without

merit.

The Court’s Order of November 17, 2010, did not prevent Ms. Manning from conducting

discovery. It only prohibited her from being required to give testimony. The Motion for Partial

Summary Judgment as to liability is granted.

DONE this 18th day of February, 2011.

/s/ ED RAMSEY
CIRCUIT JUDGE