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 1          Superior Court of the State of California
 2                for the County of Los Angeles
 3
 4   Richard Menna,                  ) No. LC 075454
                                     )
 5                      Plaintiff,   )
                                     )
 6                    vs.                )    EXHIBIT “13”
                                         )
 7     Matthew Radmanesh, etc.,        )     AAOB page 548
       et al.,                         )
 8                                     )
                          Defendants. )
 9     ________________________________)
10
11
12
13
14                Deposition of Matthew Radmanesh
15                      Van Nuys, California
16                          July 12, 2007
17
18
19
20
21
22
23                                WESTCO REPORTERS
       Reported by:               Certified Shorthand Reporters
24     Benny Kogon                4020 West Magnolia Boulevard
       CSR No. 6626               Suite H
25                                Burbank, California 91505
                                  (818) 842-3714
0002
 1               Deposition of Matthew Radmanesh, taken on
 2     behalf of Plaintiff, Richard Menna, at 14540 Victory
 3     Boulevard, Suite 200, Van Nuys, California 91411,
 4     commencing at 3:44 p.m., Thursday, July 12, 2007,
 5     pursuant to notice of taking deposition.
 6
 7
 8                     A P P E A R A N C E S
 9     For Plaintiff, Richard Menna:
10                     Richard Menna
                       In Pro Per
11                     7635 Lankershim Boulevard
                       Suite 21
12                     North Hollywood, California 91605
                       (818) 982-8589
13                           - and -
                       William E. Vogel, Esq.
14                     Specially Appearing for Plaintiff
                       14540 Victory Boulevard
15                     Suite 200
                       Van Nuys, California 91411
16                     (818) 988-7991
17
18     For Defendant, Matthew Radmanesh:
19                     Law office of Robert A. Walker
                        By: Brian Andenoro, Esq.
20                      10370 Hemet Street
                        Suite 140
21                      Riverside, California 92503
                        (951) 354-1880
22
23
24     Also Present:   Richard Menna
25                     Jane Schulte
0003
 1                             I N D E X
 2
 3     WITNESS: Matthew Radmanesh
 4              EXAMINATION                                PAGE
 5              By Mr. Vogel                                 4
 6
 7
 8
 9                         E X H I B I T S
10     NUMBER               DESCRIPTION                    PAGE
11     1 - Agreement dated February 10, 2003                50
12     2 - Tenant Estoppel Certificate                      54
13
14
15
16                       INFORMATION REQUESTED
17                              (None.)
18
19
20                       UNANSWERED QUESTIONS
21                             Page/Line
22                           63/19 69/7
23                           69/13 69/17
24                           69/23 72/10
25                           76/4
0004
 1          Van Nuys, California, Thursday July 12, 2007
 2                            3:44 p.m.
 3
 4                       MATTHEW RADMANESH,
 5               having been administered the oath,
 6                      testified as follows:
 7
 8                           EXAMINATION
 9     BY MR. VOGEL:
10          Q    Would you state and spell your name for the
11     record.
12          A    Matthew Radmanesh. M-a-t-t-h-e-w,
13     R-a-d-m-a-n-e-s-h.
14          Q    How old are you, sir?
15          A    Born 1955.
16          Q    Oh. Good year. Good year.
17          A    Thank you.
18          Q    Okay. What is your middle name, sir?
19          A    M.
20          Q    M. Is there a name --
21          A    Initial M, M-a-s-s-o-u-d.
22          Q    Okay. And what is your date of birth?
23          A    10/21/55.
24          Q    I'm 12/28.
25          A    Huh?
0005
 1          Q     I'm 12/28.
 2          A     Very nice. Okay.
 3          Q     Where were you born?
 4          A     Teheran, Iran.
 5          Q     Okay. And I understand -- I guess it's
 6     Dr. Radmanesh, is it?
 7          A     Yes.
 8          Q     I'm sorry, Doctor. I understand you're a
 9     professor at Cal State Northridge.
10          A     That's right.
11          Q     Okay. Why don't you just give me a brief
12     overview of your educational background. I don't know
13     if you started in Teheran or where you went to -- you
14     know, post high school and that sort of thing. Just an
15     overview, if you could.
16          A     Okay. My BS degree in electric engineering
17     from Iran. I have my master's degree from University
18     of Michigan, in Ann Arbor; Ph.D. degree from University
19     of Michigan, in Ann Arbor. Both of them in electrical
20     engineering. Engineering department in both of them.
21          MR. ANDENORO: I grew up in Ypsilanti.
22          THE WITNESS: Oh, wow. We're almost friends.
23     Neighbors.
24     BY MR. VOGEL:
25          Q     And when did you complete your Ph.D. work?
0006
 1         A     1984.
 2         Q     Okay. What did you do after completing your
 3     Ph.D. work?
 4          A    Well, you know, I was a teacher. GMI.
 5          Q    Where is that?
 6          A    General Motors Institute in Flint, Michigan.
 7          Q    Car people?
 8          A    Buick City, they call it.
 9          Q    How long did you remain there?
10          A    Three years.
11          Q    Okay. And then what did you -- till 1987?
12          A    '87.
13          Q    And then, sir, what did you do after that?
14          A    Then I came to California. I went to Hughes
15     Aircraft Company.
16          Q    Oh, okay.
17          A    That's right. Torrance, California.
18          Q    Where?
19          A    Torrance.
20          Q    Torrance. Okay.
21               What did you do at Hughes?
22          A    Engineer. Engineer job.
23          Q    Okay. Dealing with what issues?
24          A    Pardon me?
25          Q    Did you deal with anything in particular?
0007
 1     Satellites?
 2          A    Yeah. A little microwave and military wave
 3     devices and circuits.
 4          Q    Okay. How long did you remain at Hughes?
 5          A    For a year and a half, approximately. I
 6     wouldn't say exactly -- half of a year and a -- one
 7     month, to be exact.
 8               You're asking about an exact number of -- I
 9     mean, I came in October of '87, and I left I believe
10     July '88. So maybe that's not a year, even.
11          Q     No, not even a year?
12          A     Right.
13          Q     Why did you leave?
14          A     Because the system went down. They are
15     laying people off and just didn't have job for me at
16     that time.
17          Q     My partner got a large verdict against them
18     in '84, discrimination case.
19                All right. Where did you go from there, from
20     Hughes?
21          A     Maury, M-a-u-r-y, Microwave Corporation, in
22     Rancho Cucamonga.
23          Q     How long were you there?
24          A     I was there 1990.
25          Q     Until 1990?
0008
 1          A    Yes.
 2          Q    Now, were you teaching --
 3          A    No. Just working as an engineer.
 4          Q    Okay. Where did you go after 1990?
 5          A    Cal State Northridge.
 6          Q    Okay.
 7          A    Oh. Pardon. Boeing Aircraft. McDonnell
 8     Douglas, old McDonnell Douglas. At about six months
 9     working there. And then I went over to Cal State
10     Northridge.
11          Q    Okay. And you arrived at Cal State
12     Northridge about when?
13          A    September 1990.
14          Q    And you've been there since then?
15          A    Yes.
16          Q    Are you a tenured professor?
17          A    Yes.
18          Q    Okay. And you maintain a full class load
19     now?
20          A    Yes.
21          Q    Okay. And what do you teach?
22          A    Engineering. Circuits, devices, solid state
23     circuits, microwave circuits, advanced applications.
24     Also teach photonics. Also teach electromagnetics.
25          Q    Okay. Simple stuff.
0009
 1                What do you -- you at some point began I
 2     guess investing in property? Is that fair to say?
 3          A     Yeah, fair to say.
 4          Q     When was that, approximately?
 5          A     I don't know. 19 -- I lost track of that.
 6     1994, maybe.
 7          Q     Oh, after your arrival at --
 8          A     Yeah, of course.
 9          Q     All right. I didn't know if you did it from
10     Michigan or where.
11                All right. Do you know how many units you
12     own today?
13          A     I've lost track of it. I have no idea.
14          Q     Okay. Of the properties you own, are you --
15     strike that.
16                Are you a member of any corp -- or LLC in any
17     of your properties?
18          A     LLC?
19          Q     Yeah.
20          A     Not at this moment.
21         Q     Okay. All right.
22               Do most of your properties -- are you the
23     sole owner?
24          A    Yes.
25          Q    Do you have any that are in partnership?
0010
 1           A   Not at this time.
 2           Q   You realize we're here today in a suit
 3     involving -- it stems from an eviction suit that was
 4     filed, a UD suit, filed in 1995 -- or 2005? I'm sorry.
 5           A   (Witness nods head.)
 6           Q   All right. A suit involving an unlawful
 7     detainer suit filed in 2005 against Mr. Menna.
 8               Do you understand that?
 9           A   Yeah.
10           Q   Okay. Did you make a decision to file that
11     suit?
12           A   No.
13           Q   Okay. When did you first find out that suit
14     was pending?
15           A   I think -- I'm sorry. I --
16           Q   When did you --
17           A   The question was not clear to me.
18           Q   When did you first find out that suit was
19     pending?
20           A   Pending?
21           Q   Yes.
22           A   Was filed, you mean?
23           Q   Yes, had been filed.
24           A   Well, Jaime filed it. I don't even know when
25     he filed it.
0011
 1          Q    Okay.
 2          A    I just found out about it, even the
 3     settlement came up to me, to my attention.
 4          Q    Okay. Now, KRC is a management company; is
 5     that correct?
 6          A    Yes.
 7          Q    Okay. It's a sole proprietorship?
 8          A    Dba.
 9          Q    Okay. What does "KRC" stand for?
10          A    Knowledge, Responsibility, Control.
11          Q    And that is something you chose for the
12     title?
13          A    Yes.
14          Q    Now, KRC does not own any of the properties
15     it manages; right?
16          A    I believe so. I can tell you, yeah, I don't
17     think it owns anything, no. It doesn't.
18          Q    Okay.
19          MR. ANDENORO: Just for my own clarification and
20     clear record, KRC does not own the properties?
21          THE WITNESS: No.
22          MR. ANDENORO: Thank you.
23          MR. VOGEL: All right.
24          MR. ANDENORO: I was clarifying for my own
25     information.
0012
 1     BY MR. VOGEL:
 2          Q    Do you have any estimate as to how many
 3     unlawful detainer suits you've been involved in?
 4          A    No. I have not been involved -- you mean --
 5     well, first of all, in 2003 I've not been involved in
 6     any of them. From two -- from before that, very, very
 7     few that I can recall.
 8           Q   When you were involved, were they ever listed
 9     in your own name as opposed to KRC?
10           A   Perhaps. I don't -- this is a long time ago.
11     I don't recall which is which.
12           Q   Is KRC an active Dba? Do you maintain it
13     today?
14           A   Yes, it is.
15           Q   Okay. Do you maintain the accounting Dba,
16     also?
17           A   The account?
18           Q   The ARC Accounting --
19           A   ARC Accounting, you mean?
20           Q   Yes.
21           A   The name was put on that, but not used. It
22     was just put as an extra Dba, but I've never used it.
23           Q   What does it stand for?
24           A   Affinity, Reality, Communication.
25           Q   Okay. How many employees does KRC have
0013
 1     today?
 2          A    I don't have exact numbers because Jaime runs
 3     the show.
 4          Q    Uh-huh.
 5          A    And these employees change numbers, but
 6     approximately between ten, 12. It varies. Again, it
 7     varies, but that's what I'm thinking.
 8          Q    Okay.
 9          A    I don't keep track of it. Jaime does.
10          Q    Do you know if they're payrolled salary
11     employees or how they're paid?
12          A    Well, I pay Jaime, and Jaime pays them.
13          Q    Do you know if he uses a payroll company?
14          A    No, I don't. I just pay Jaime.
15          Q    You don't know, or no, he does?
16          A    I don't have payroll on my part. I just pay
17     him, and he pays them.
18          Q    Do you know if he uses a payroll company?
19          A    I don't know. You should ask him.
20          Q    I did. He didn't know, either.
21          MR. ANDENORO: Actually, no. He said they use
22     QuickBooks, that they didn't specifically use a payroll
23     company. He was a little unsure, I think.
24     BY MR. VOGEL:
25          Q    But, in any case, do you issue 1099s for --
0014
 1          A     I do to Jaime. And I'm not sure what he does
 2     with his guys. I just issue them to Jaime.
 3          Q     Oh, okay. Do you have any direct hand in
 4     hiring anybody other than Jaime?
 5          A     Pardon me?
 6          Q     Do you have any direct hands-on involvement
 7     with hiring any repairmen that work on any of your
 8     buildings?
 9          A     I don't.
10          Q     Okay. Do you conduct any monthly review of
11     your properties to --
12          A     I don't. No monthly.
13          Q     Do you conduct any review of them?
14          A     Once in a blue moon, if I have time, I go.
15           Q   No, no. I mean do you look at the books to
16     make sure the money is coming in or the rents are being
17     paid?
18           A   Well, the rent is coming in -- they fax me a
19     copy of the rents received.
20           Q   Okay.
21           A   That's -- asking about the properties or --
22           Q   I'm asking you two different things.
23           A   It's the properties and the rental.
24               Which is which?
25           Q   Let's start with the rent roll. Is that
0015
 1     something you review?
 2           A   I review, yes.
 3           Q   Okay. And for each property?
 4           A   Yeah. It comes -- yes, it's separate,
 5     property, yes.
 6           Q   But as far as physically inspecting the
 7     properties, you don't?
 8           A   I don't, no. I have no time for that.
 9           Q   Okay. Do you recall when you purchased this
10     property that Mr. Menna was in?
11           A   October 2002.
12           Q   Okay. From whom did you buy it? Do you
13     know?
14           A   I think Mr. Mike Neuhoff, if I recall on
15     that.
16           Q   Did you know him previous to buying it?
17           A   No. No idea.
18           Q   Did you have any discussions with him when
19     you bought the property about Mr. Menna?
20           A   I may have. If -- very briefly, I think.
21           Q   Okay.
22           A   About the problems we're having.
23           Q   I'm sorry. About what?
24           A   About the problems we were having. I may
25     have. Asked him some advice, what to do.
0016
 1           Q   Okay. Regarding Mr. Menna, you mean?
 2           A   Yeah. I may have.
 3           Q   Okay. Now, did Jaime work for you when you
 4     purchased this property?
 5           A   At that time, no.
 6           Q   When did Jaime come to work for you?
 7           A   2003.
 8           Q   Okay. Did you have someone in Jaime's
 9     function prior to 2003?
10           A   It was me.
11           Q   Okay. So from 2003 on, you sort of got out
12     of the hands-on management?
13           A   Exactly. I'm not involved.
14           Q   Jaime does not have any ownership interest in
15     the properties?
16           A   No.
17           Q   You -- is it fair to say Jaime is responsible
18     for management of all these properties?
19           A   He is. 100 percent.
20           Q   Do you have any idea how many properties you
21     have?
22           A   No idea. I don't keep track of it. He does
23     everything.
24           Q   Do you think you have over 50 separate
25     properties?
0017
 1          A    No, not over 50.
 2          Q    Not that many?
 3          A    No.
 4          Q    Oh.
 5          THE WITNESS: Is that relevant?
 6          MR. ANDENORO: It might be.
 7     BY MR. VOGEL:
 8          Q    Yeah.
 9          A    How is this relevant?
10          Q    It can go to some of the causes of action
11     that are pled. Jaime doesn't -- nobody really seems to
12     have much of an idea.
13               Let me ask you this: Is -- do you have any
14     specific training in property management at all?
15          A    Specific? Well, from about -- I've done, you
16     know, just by books and working with people.
17          Q    Okay. Could you tell me about -- did you
18     take some courses?
19          A    No. Books, I said.
20          Q    I understand that. I didn't know if you got
21     the books in a course or not.
22               You just picked up the books on property
23     management?
24          A    Yes. I have no time for that, for courses.
25     It would be nice to do courses, but I don't have time.
0018
 1     I don't have time for that.
 2          Q    And did you -- do you ever send any -- did
 3     you ever send Jaime to any courses or seminars on
 4     property management?
 5          A    Not that I can recall.
 6          Q    Do you know if Jaime is licensed in property
 7     management at all?
 8          A    I don't know. You should ask him.
 9          Q    Well, I want to ask you. I did, and I got
10     the answer.
11               You have no licenses, I take it, in property
12     management?
13          A    No. No licenses, no.
14          Q    Do you -- is it fair to say that you
15     experienced a sort of a major shift in 2003 with the
16     arrival of Jaime of pulling out of the active
17     management of your business?
18          A    I'm sorry. One more time.
19          Q    In 2003, when Jaime came to work for you, did
20     that represent for you, sir, a point in time when you
21     just pulled away from active management of your
22     business?
23          A    Yes, exactly.
24          Q    Okay. And that left you more time to pursue
25     other --
0019
 1          A    To do my teaching career. I'm a teacher.
 2     College.  I want to be involved in academics.
 3          Q    All right. Okay.
 4               Prior to Jaime's arrival, do you -- can you
 5     give us any percentage, estimate as to what percentage
 6     of your time was involved in KRC management?
 7          A    I wouldn't be able to say.
 8               Percentage of what time to what time? I
 9     don't understand the question.
10          Q    Your total time. You have so many hours a
11     day and a week.
12          A    Right.
13          Q    I'm trying to get at when Jaime came on
14     board, did you free up a lot of time?
15          A    Right.
16          Q    Oh, you did?
17          A    Yes.
18          Q    So he started doing a lot of the functions
19     that you were doing before?
20          MR. ANDENORO: Objection. Asked and answered.
21               You can answer again.
22          THE WITNESS: What was the question?
23               I'm not getting the question. Can you repeat
24     the question again.
25          MR. VOGEL: Sure.
0020
 1          MR. ANDENORO: We will ask the court reporter to
 2     repeat the question.
 3               (Record read.)
 4          THE WITNESS: Not a lot of function. The main
 5     function he took over was management: running the
 6     properties, renting, leasing, repairing, everything to
 7     do with the property.
 8     BY MR. VOGEL:
 9          Q    Okay. And did you say "buying" the
10     properties?
11          A    No, I didn't say "buying."
12          Q    Oh. I didn't --
13          A    I didn't say "buying."
14          MR. ANDENORO: He said "renting."
15     BY MR. VOGEL:
16          Q    Oh, I'm sorry. All right.
17               So you made the decision on which property to
18     buy?
19          A    Yes.
20          Q    Okay. And then who sets the -- when you buy
21     a property, who decides what rent to charge?
22          A    Jaime.
23          Q    Okay. So basically your only involvement
24     today is deciding what properties to buy?
25          A    Again the question not clear to me. I'm
0021
 1     sorry.
 2          Q    Basically your only involvement today in that
 3     is deciding what properties to buy?
 4          A    Yes. I'm a passive investor.
 5          Q    Okay. Do you still actively buy properties?
 6          A    I'm -- yeah, from time to time, yeah.
 7          Q    Okay. And that would be the only involvement
 8     you have?
 9          A    That's it, right.
10          Q    And when you typically buy a property, will
11     you acquire it and then tell Jaime?
12          A    Sure.
13          Q    Okay. And then turn it over to him to manage
14     it?
15          A    Sure.
16          Q    Do you have any understanding of what
17     happened on the -- strike that.
18               Let me ask you this, first of all: Is it
19     fair to say that Jaime is your highest management
20     employee that you have?
21          A    That's fair too say.
22          Q    There is no one higher than Jaime in your
23     organization, in your --
24          A    No. He basically runs the show. He employs
25     people and rents and does --
0022
 1          Q    Okay. And he reports directly to you?
 2          A    Yes.
 3          Q    Okay. Do you have an accountant that works
 4     for you?
 5          A    I don't have an accountant, no.
 6          Q    Okay. Do you select the attorneys that work
 7     for you?
 8          A    I didn't get the question.
 9          Q    Do you select the attorneys that work for
10     you?
11          A    Well, initially I did, yes.
12          Q    Okay.
13          A    Yes.
14          Q    And then as Jaime took over --
15          A    And works with him. Jaime works with him all
16     the time.
17          Q    So you no longer deal with the attorneys?
18          A    No, I don't.
19          Q    Now, your relationship with Jaime is limited
20     strictly to he manages your buildings and apartments;
21     correct?
22          A    Yes.
23          Q    He has nothing to do whatsoever with your
24     work at the university?
25          A    No.
0023
 1          Q    I guess you're the author of several books;
 2     is that correct?
 3          A    Yes.
 4          Q    Textbook types?
 5          A    Yes.
 6          Q    Okay. Jaime doesn't -- isn't involved in the
 7     authorship of those books, is he?
 8          A    No, he's not.
 9          Q    Okay. Is he mentioned just in the forward as
10     a dedication to one of them?
11          A    You've been reading the books.
12          Q    No. He (indicating) has.
13          A    He (indicating) has.
14               You have been reading the books?
15          MR. VOGEL: He has --
16          MR. MENNA: I like the books.
17          THE WITNESS: You have the books?
18          MR. MENNA: No. I didn't buy them but --
19          THE WITNESS: I'm just curious.
20          MR. ANDENORO: Okay. We're --
21          THE WITNESS: Just curious.
22     BY MR. VOGEL:
23          Q    I couldn't understand if Jaime wrote the
24     textbooks or --
25          A    No. I mentioned his name in the
0024
 1     acknowledgements, as an acknowledgement to his -- the
 2     fact that he has allowed me to write those books, freed
 3     me up, because he took over the management.
 4          Q    Okay.
 5          MR. ANDENORO: Excuse me for a second. I'm going
 6     to turn the air up because it's kind of stuffy in here.
 7          THE WITNESS: Yeah.
 8          MR. VOGEL: Okay.
 9          MR. ANDENORO: I'm listening, Counsel.
10     BY MR. VOGEL:
11          Q    When did Jaime first inform you of the
12     eviction action against Mr. Menna? Or did he ever
13     inform you of it?
14          A    I think he informed me after the fact, when
15     everything had taken place. He called me and gave me a
16     report.
17          Q    Okay. Did he tell you that the police had
18     arrested Mr. Menna?
19          A    Yes.
20          Q    Are you aware -- are you aware as you sit
21     here today that the police never arrested him?
22          A    I'm not getting the question.
23          Q    Are you aware as you sit here today that the
24     police never arrested Mr. Menna?
25          A    I would never tell you one way or another,
0025
 1     but I would tell you he was. From what I know, I
 2     thought he was, but I don't know. You're saying no.
 3     Maybe he wasn't.
 4          Q     Okay. Have you ever conducted any
 5     investigation, personal investigation, into this matter
 6     that brings us here today? The arrest --
 7          A     Personal investigation?
 8          Q     Yes, into the facts and circumstances
 9     surrounding the detention of Mr. Menna.
10          A     I have no reason to. Why should I?
11          Q     Did you ever see the lawsuit that -- the
12     unlawful detainer lawsuit that was filed against
13     Mr. Menna?
14          A     I may have, but I -- as I said, I do not do
15     the decision part of it. So I may have, but I don't
16     recall seeing it.
17          Q     Is it your custom and habit to not -- you
18     don't get involved with any of the unlawful detainer
19     actions?
20          A     I don't, not at all.
21          Q     Okay. Did you consider Mr. Menna's use of
22     his premises at your apartment building to constitute a
23     nuisance?
24          MR. ANDENORO: I'm going to object as calls for a
25     legal conclusion, calls for speculation on the part of
0026
 1     this witness.
 2               If you have an opinion, you can answer.
 3          THE WITNESS: I'm going to follow your decision.
 4          MR. ANDENORO: Well, actually, no. If you have an
 5     opinion as to whether Mr. Menna was constituting a
 6     nuisance with his use of the apartment, you can --
 7          THE WITNESS: His use of the apartment? What do
 8     you mean? Clarify that.
 9     BY MR. VOGEL:
10          Q    Well, are you aware that in a lawsuit it was
11     your contention that Mr. Menna constituted a nuisance?
12          MR. ANDENORO: Objection as it misstates the
13     evidence and misstates the testimony so far. There has
14     been no testimony that this was his lawsuit.
15     BY MR. VOGEL:
16          Q    Well, let me ask you this, then --
17          MR. ANDENORO: And, in fact, I think he said he
18     didn't file the lawsuit.
19          THE WITNESS: I did not.
20     BY MR. VOGEL:
21          Q    You did not. Okay.
22               Did you consider Mr. Menna's use of the
23     premise to constitute a nuisance?
24          MR. ANDENORO: Objection. Calls for a legal
25     conclusion.
0027
 1                To the extent that you know.
 2           THE WITNESS: I have no idea.
 3     BY MR. VOGEL:
 4           Q    Okay. Do you recall ever signing any
 5     documentation in conjunction with the unlawful detainer
 6     action against Mr. Menna?
 7           A    I don't recall doing that, but I know that
 8     the settlement -- the attorney brought the paperwork
 9     for me to sign, but I don't remember any part of it
10     being involved.
11           Q    Excuse me for one minute, Doctor.
12                All right. Oh, I see what you're saying.
13     Okay.
14                Do you recall ever signing a verification
15     to -- do you know what a verification to a lawsuit is?
16           A    I don't know. What is it?
17           Q    It's a document that appears at the end of a
18     lawsuit, and it appears like this (indicating). It
19     says "Verification."
20           A    May I see it?
21           Q    Yes, you can. I'll show it to Counsel first.
22     It just says "I verified I've read the foregoing. I
23     verify it's true." It's a statement under oath,
24     basically.
25                (Mr. Vogel hands document to Mr. Andenoro,
0028
 1               who hands it to the witness.)
 2          MR. ANDENORO: Okay.
 3          THE WITNESS: I may have seen this.
 4          MR. ANDENORO: Well, that's not the question.
 5          THE WITNESS: You're saying I have seen this form?
 6          MR. ANDENORO: No. Let him ask the question.
 7     BY MR. VOGEL:
 8          Q    You didn't sign that verification, did you?
 9          A    I may have. I don't recall, particularly.
10     It's possible.
11          Q    Okay. The verification would have -- you
12     would have verified that the contents of the complaint
13     were true. You don't recall that?
14          A    I wouldn't know. How would I know? I'm just
15     following what --
16          MR. ANDENORO: Well, actually, if you're going to
17     talk about what you talked about with an attorney, I'm
18     going to instruct you not to answer.
19          THE WITNESS: Okay.
20     BY MR. VOGEL:
21          Q    I'm not asking that. I'm asking is it your
22     testimony that you would never sign an affidavit under
23     oath stating that the allegations in a complaint are
24     true because -- against Mr. Menna because you just
25     didn't know what was true? Is that fair?
0029
 1          MR. ANDENORO: Objection. Asked and answered.
 2               But you can go ahead and answer.
 3          THE WITNESS: I'm not understanding the question.
 4     BY MR. VOGEL:
 5          Q    You weren't there the day of the incident,
 6     were you?
 7          A    I was not.
 8          Q    So -- okay. So you don't know as you sit
 9     here today who said what to whom or who hit who or who
10     pushed who or whatever?
11          A    Exactly.
12          Q    Okay. So that being the case, it would be
13     highly unlikely that you would ever sign an affidavit
14     or verification that you would know for a fact that
15     this occurred?
16          MR. ANDENORO: Objection. It calls for a legal
17     conclusion, and it's argumentative.
18               If you have the document, you can show it to
19     him. Otherwise, I think that this line of questioning
20     is improper.
21     BY MR. VOGEL:
22          Q    You can answer.
23          MR. ANDENORO: Actually, read back the question,
24     please.
25               (Record read.)
0030
 1          MR. ANDENORO: And I'm also going to object that
 2     it's argumentative as phrased.
 3     BY MR. VOGEL:
 4          Q    You place quite a bit of trust in Jaime? Is
 5     that fair to say?
 6          A    Well, he runs the management part of the
 7     business, and he's a trustworthy person.
 8          Q    Okay. He seems to make all management
 9     decisions for these properties; is that true?
10          A    That's correct.
11          Q    As you sit here today, do you know what his
12     formal education is?
13          A    You should ask him. I don't know.
14          Q    Yeah. You don't know as you sit here today?
15          A    (Witness nods head.)
16          Q    All right. Do you know if Jaime has any
17     knowledge of -- well, that's -- okay.
18               Do you know as you sit here today if Jaime
19     has any knowledge -- strike that.
20               Have you ever discussed with Jaime whether he
21     has knowledge of the Business and Professions Code in
22     California, how it relates to hiring contractors for
23     the properties?
24          A    (No audible response.)
25          MR. ANDENORO: Did you get that question?
0031
 1          THE WITNESS: I'm not getting the question.
 2               You're twisting the --
 3     BY MR. VOGEL:
 4          Q    All right. Did you ever have any
 5     conversations with Jaime about what requirements are
 6     set forth for hiring workers at your various
 7     properties?
 8          A    Requirements set forth? By whom?
 9          Q    The Business and Professions Code.
10               Are you aware that certain types of jobs
11     require certain types of people to perform them,
12     certain licenses?
13          MR. ANDENORO: Objection. Calls for a legal
14     conclusion, calls for speculation, vague and ambiguous.
15               But you can answer.
16          THE WITNESS: I'm following the counsel.
17     BY MR. VOGEL:
18          Q    Well, he's not telling you not to answer.
19          MR. ANDENORO: If you know the answer.
20     BY MR. VOGEL:
21          Q    He's just making the objection for a judge to
22     rule on.
23          A    You're asking me a question that I don't have
24     the answer to.
25          Q    When you were more active in your properties,
0032
 1     did you ever get involved in repair of the properties?
 2          A    I would get a licensed professional.
 3          Q    You would get a licensed professional?
 4          A    Yes.
 5          Q    Okay. Do you know what -- well, okay.
 6               Do you select the insurance for your
 7     properties?
 8          A    Yes.
 9          Q    You do?
10          A    Yes.
11          Q    Okay. Do you know if Jaime hires licensed
12     professionals when he hires repair people?
13          A    I don't know. You should ask him.
14          MR. ANDENORO: He did.
15     BY MR. VOGEL:
16          Q    Was hiring licensed professionals something
17     you thought was important, that they be licensed?
18          A    I suppose so.
19          Q    On the date of the incident, which was August
20     2nd, '05, were you even aware that Mr. Menna's unit was
21     about to be inspected?
22          A    No idea.
23          Q    Do you know Enrique Gomez?
24          A    No.
25               What do you mean by "know"?
0033
 1          Q    I'm sorry?
 2          A    What do you mean by "know"?
 3          Q    Know him, know who he -- if you saw him in
 4     the street, would you know who he is?
 5          A    Yes, I would.
 6          Q    Oh, you met him?
 7          A    I've met him, yes.
 8          Q    Okay. I --
 9          A    When you said "know," "know" has many
10     definitions, as you know.
11          Q    That's true.
12               And would you recognize him?
13          A    Yes.
14          Q    And is he an acquaintance of yours?
15          A    No, not an acquaintance.
16          Q    How would you describe your relationship with
17     him?
18          A    I think you're asking the wrong person
19     because I don't know -- I've met him, and I know who he
20     is. I have no relationship with him. He works for
21     Jaime. He used to work for Jaime. Not anymore.
22          Q    When did he stop working for Jaime?
23          A    I don't know. You should ask him.
24          Q    But --
25          A    I just know he doesn't work anymore for us.
0034
 1             Q   How did you become aware of that?
 2             A   He told me. Jaime told me.
 3             Q   Jaime told you?
 4             A   Yes, of course.
 5             Q   How long had he worked for Jaime?
 6             A   Who? Enrique?
 7             Q   Enrique.
 8             A   I don't know. If you're asking me, I don't
 9     know.
10          Q    Do you ever discuss with Jaime what rates you
11     want the various apartments to -- do you ever discuss
12     with Jaime rates at which the various apartments and
13     units go for, the rental rates?
14          A    No, I don't discuss. He decides.
15          Q    Okay. Have you ever had an occasion where
16     you have looked --
17          A    You're covering your mouth. I'm sorry.
18          Q    Have you ever had an occasion where you've
19     looked at --
20          A    You're still covering your mouth. I cannot
21     see what you're saying.
22          Q    Okay. Have you ever had an occasion where
23     you have said to Jaime that you thought a unit was
24     renting for too low a price?
25          A    I may in the course of conversation, but I
0035
 1     don't decide final decision on those. I may have said
 2     it. I don't want to exclude that. But in the course
 3     of conversation, it could come up. I may have said it,
 4     yeah.
 5           Q   When you review your properties and the
 6     rental rolls, I think they are --
 7           A   Yes.
 8           Q   -- what is a rental roll?
 9           A   It's just a read-out of what the rent is.
10     It's got the unit number and the rent amount.
11           Q   That's it?
12           A   Yes.
13           Q   Is there any ratio that exists that you try
14     to relate between a unit's value and the amount of rent
15     it's bringing in?
16           A   Not that I know of.
17           Q   When you buy an apartment building, you
18     certainly look at the potential rental income it will
19     generate, do you not?
20           A   Well, any investor would.
21           Q   Yeah.
22           A   Yes.
23           Q   Okay. And then you look at the overall value
24     of the property. Is there any ratio that you look for
25     between the amount of rent generated --
0036
 1          A    You're covering your mouth.
 2          Q    Do you have any ratio you look for between
 3     the amount of rent generated and the value of the
 4     property?
 5          A    Any ratio? It varies. You know. The market
 6     varies all the time.
 7               So what time frame you want me to answer that
 8     question?
 9          Q    Well, there is some sort --
10          A    There is a ratio, yes. There is a ratio, but
11     the ratio varies all the time.
12          Q    Sure. It's not --
13          A    It's not a fixed value.
14          Q    Okay.
15          A    Yes.
16          Q    But that's something you consider when you
17     initially buy the property?
18          A    I mean, that's one factor, yes. That's one
19     factor, yes. Not all the factor.
20          Q    Well, you consider yourself -- you've had
21     fair success in buying apartment buildings, have you
22     not?
23          A    Success? How do you define "success"?
24          Q    Well, you're not losing money on your
25     investments are you? They're not upside down?
0037
 1          A    Well, thank God, real estate in California
 2     zoomed up. Otherwise, I wouldn't be anything. So
 3     it's -- success is based on the economy taking off, not
 4     my actions.
 5          Q    Let me ask you this: What do you -- are you
 6     aware of any general licensed contractors that Jaime
 7     employs?
 8          A    No. I'm not aware of it because he should be
 9     the one to answer that question.
10          Q    Well, you're aware of Mr. Gomez; correct?
11          A    (No audible response.)
12          Q    You knew of Mr. Gomez?
13          A    He mentioned it to me.
14          Q    Okay. Did he mention any other employees?
15          A    No, I don't know.
16          Q    Is Mr. Gomez the only employee that you've
17     ever been aware of?
18          A    Well, he's been telling me people that he
19     works with. He may say their names. I don't know who
20     they are. I mean, he may say somebody's name. A name
21     is just a name to me.
22          Q    Can you name any other employees that work
23     for Jaime as you sit here today?
24          A    I mean, I don't have specific names. He has
25     someone who works for one of his -- I think -- I don't
0038
 1     know -- his nephews? He mentions things around, you
 2     know, fixes sprinkler head sometimes. I know that, but
 3     I don't know the details of what he does.
 4          Q    Oh, he had told you that Mr. Gomez was no
 5     longer working for you?
 6          A    Yes, that's true.
 7          Q    Was Mr. Gomez an employee that had been with
 8     him an especially long time or one of your oldest
 9     employ -- one of his oldest employees? Do you know?
10          A    I don't know. You should -- I don't know, to
11     be honest with you.
12          Q    Do you know if any of these people are
13     provided Workers' Comp benefits?
14          A    I don't know.
15          Q    You do not provide any?
16          A    No, I don't provide.
17          Q    Uh-huh. How did you meet Mr. Rodriguez?
18          A    He was one of the managers on the building
19     that I had.
20          Q    Okay. Which building was that?
21          A    There is a building in Ventura Canyon.
22          Q    Whereabouts?
23          A    Panorama City.
24          Q    Oh, Okay. And did he manage that building
25     for you?
0039
 1         A      Yes.
 2         Q      Okay. And you sold that building at some
 3     point in time?
 4          A     I didn't say I sold it.
 5          Q     No. I know you didn't say you sold it. I
 6     said, "Did you sell it at some point in time?"
 7          A     Oh, you're asking did I sell it? No, I
 8     didn't sell it.
 9          Q     Okay. But at some point in time, you asked
10     Mr. Rodriguez to manage more than one of your
11     buildings?
12          A     Yes.
13          Q     Did you basically select Mr. Rodriguez to be
14     the overall management of all these properties you own?
15          A     Yes.
16          Q     Why was that?
17          A     Well, it gives me more time.
18          Q     What qualities in Mr. Rodriguez made you
19     select him to --
20          A     Qualities?
21          Q     Qualities.
22                You obviously wanted --
23          A     He's a nice guy.
24          Q     Oh, the fact he's a nice guy? Anything else?
25          A     Well, I think he's very competent. He's
0040
 1     trained.
 2          Q    What is his training that you understand?
 3          A    Well, he was my manager for that building.
 4     And prior to that he was working for the prior owner
 5     for a number of years. And he appeared to me very
 6     knowledgeable.
 7          Q    Okay. I'm trying to get at what -- as
 8     manager of the building, what were his duties?
 9          A    Well --
10          MR. ANDENORO: When he first -- I'm sorry. I need
11     to interrupt and clarify.
12               What were his duties with respect to the one
13     building that he was renting?
14          MR. VOGEL: Yes.
15          Q    When you first met him, what were his duties?
16          A    At that time?
17          Q    Yes.
18          A    At that building?
19          Q    Yes.
20          A    Well, he was doing -- collect rent, do
21     repairs, clean the building, maintenance. Everything.
22     Everything.
23          Q    And he impressed you with his ability to do
24     that job?
25          A    Yes.
0041
 1          Q     Okay. And --
 2          A     You're still covering your mouth. Can you
 3     just move your -- you have your hands under your chin.
 4     If you don't mind, I want to see your mouth so I can
 5     distinguish what you're saying to me.
 6          Q     And you -- what -- how -- okay. Let me get
 7     my train of thought back.
 8          MR. ANDENORO: Actually, let's take two minutes so
 9     I ask step down the hall.
10          MR. VOGEL: Okay. Why don't you go ahead. Yes.
11                (Recess taken from 4:24 p.m. to 4:30 p.m.)
12          MR. VOGEL: Back on the record.
13          Q     You do not have an accountant or CPA that
14     handles your checking accounts for your various
15     buildings?
16          A     No, I don't.
17          Q     Does each building have a separate account?
18          A     What account are you talking about?
19          Q     Separate bank accounts where the deposits
20     from that one building go into one bank account.
21          A     No.
22          Q     Does it -- does the rental payments from --
23     strike that.
24                Do all the renters -- who do the renters make
25     the checks out to?
0042
 1           A   KRC Management.
 2           Q   Okay. And then are those checks deposited
 3     into one account or separate accounts?
 4           A   Maybe a few accounts. I think about a couple
 5     of accounts that we use.
 6           Q   And who makes the decision into which
 7     accounts to put those checks?
 8           A   The managers do. And Jaime.
 9           Q   Okay. Well, the managers -- you mean the
10     manager of the particular building? Is that what you
11     mean?
12           A   Yes. The managers. Some of them are able to
13     deposit, and some of them bring it to Jaime, and Jaime
14     deposits.
15           Q   I see.
16               Of those managers who can make the deposits,
17     do they have a choice of accounts to put it in?
18           A   You should ask Jaime. I do not know that.
19           Q   Okay. So you don't know as you sit here
20     which account checks from a particular building go
21     into?
22           A   Exactly. I don't know.
23           Q   Do you run any checks on -- or how do you
24     ensure that all the checks go into the deposit?
25           A   I didn't get the question.
0043
 1          Q    How do you ensure that all the checks go into
 2     the proper account?
 3          A    Proper account?
 4          Q    Well --
 5          A    What is --
 6          Q    I mean, how do you -- strike that.
 7               Let me ask you this: Who is the signature on
 8     these accounts?
 9          A    It has my accounts, not KRC Management on it.
10          Q    Are you the only signature on it?
11          A    And my wife.
12          Q    Jaime is not a signature?
13          A    (Witness nods head.)
14          Q    Okay?
15          A    No.
16          Q    And the managers are not signatures?
17          A    No.
18          Q    The managers of the -- does each building
19     have a manager?
20          A    Most buildings, yes.
21          Q    Most of them. Okay.
22               How are they compensated?
23          A    Well, Jaime decides that.
24          Q    Are you aware of any that are compensated
25     other than a deduction in rent?
0044
 1          A     The question is vague to me. What do you
 2     mean by that?
 3          Q     Well, many of them are given a break on their
 4     rent for --
 5          A     Yes.
 6          Q     Are you aware of any that are given a check
 7     in addition to a break on their rent?
 8          A     There may be some.
 9          Q     Okay. It's your testimony, then, that you
10     just pay Jaime and he selects the workers, the
11     repairmen, and he pays them?
12          A     Exactly.
13          Q     Who is responsible for paying the property
14     taxes?
15          A     I do.
16          Q     Okay. And you select the insurance for the
17     buildings?
18          A     Yes.
19          Q     All right. Who actually goes -- do you scout
20     the properties yourself to buy?
21          A     I didn't get the question.
22          Q     Do you scout the actual properties you buy?
23          A     (No audible response.)
24          MR. ANDENORO: Do you scout?
25
0045
 1     BY MR. VOGEL:
 2           Q   Scout.
 3           A   No, I don't scout. I have no time for that.
 4           Q   How do you determine what to buy? I mean,
 5     do --
 6           A   Well, Jaime drives by and gives me a report.
 7           Q   Okay.
 8           A   That's how I know.
 9           Q   He scouts. Okay.
10               Okay. Let me start in with -- do you ever
11     receive yourself complaints on -- starting in 2003,
12     let's say, put a time frame on it, did you yourself
13     ever start -- strike that. Let me try it again.
14               Do you receive correspondence from your
15     individual renters about complaints, or are you --
16          A    No.
17          Q    Is there some routing that if a renter were
18     to write a complaint letter, you would have it
19     delivered to Jaime or a manager on-site or --
20          A    The question is not clear. What are you
21     asking?
22          Q    I want you to assume that a renter has a
23     complaint and he addresses you with a complaint via a
24     letter.
25          A    Yeah.
0046
 1           Q   That letter is given to the on-site manager.
 2     Do you have any policy that you don't look at those;
 3     they just go to Jaime directly?
 4           A   That's right.
 5           Q   Okay. It is all delegated to Jaime.
 6               From time to time does Jaime bring you
 7     letters to --
 8           A   No. He doesn't bother me with that. Why
 9     should he? He is handling it.
10           Q   You don't sign off on any verifications on
11     any of your -- on unlawful detainer complaints, then?
12           A   I haven't done it for a long time. I don't
13     know.
14           Q   Okay.
15           A   I may have in the past but --
16           Q   When did you stop doing it? Do you know?
17           A   I don't recall even.
18           Q   Okay. Is there anybody under Jaime in your
19     organization yet above the level of a building manager,
20     between Jaime and a building manager? Or the building
21     managers report directly to Jaime?
22           A   That's how it works normally. There is also
23     Maria in the office. They may call Maria, and she may
24     give it to Jaime as a messenger.
25           Q   So basically the organizational structure
0047
 1     would be you, Jaime, and the building managers?
 2          A    More or less, yes. But I'm very off. You
 3     couldn't put me at the head. I'm not involved.
 4     Basically Jaime runs the -- I'm the person who pays the
 5     property tax and mortgage state -- mortgage bills. You
 6     put me at the top, it's incorrect.
 7          Q    Well, Jaime doesn't have any equity interest
 8     in the property, does he?
 9          A    He doesn't.
10          Q    Who besides yourself does?
11          A    Nobody.
12          Q    Okay.
13          A    Except my wife.
14          Q    Well, yes. Community interest.
15               No. I meant you said putting you at the top
16     would be incorrect.
17          A    That's right.
18          Q    You receive the benefits of the -- of
19     ownership from the property, do you not? I mean, the
20     property appreciates. It doesn't go to Jaime, does it?
21          A    That's right.
22          Q    It goes to you?
23          A    That's right.
24          Q    Okay. So you're saying that you just don't
25     have the responsibility for the running of the
0048
 1     property?
 2           A   That's right.
 3           Q   Okay. Do you live at Kelvin Avenue in
 4     Woodland Hills?
 5           A   No longer.
 6           Q   Okay. When did you reside there
 7     approximately, if you can recall?
 8           A   Time frame involved, you mean?
 9           Q   Yes. Approximately.
10           A   1996, 2003.
11           Q   Okay. Let me ask you this: Did you ever
12     negotiate -- do you remember ever negotiating with
13     Mr. Menna regarding a -- his tenancy at the Fulton
14     Street address?
15           A   I didn't get the question.
16           Q   Do you ever remember negotiating directly
17     with Mr. Menna concerning any terms of his tenancy when
18     you bought the building at Fulton?
19           A   His tenancy, no. His car, yes.
20           Q   And you directly yourself dealt with him on
21     that?
22           A   Yes.
23           Q   Did you -- what was it --
24           A   Through my manager, of course.
25           Q   Who was your manager?
0049
 1          A      Ana Sosa at the time.
 2          Q      Okay.
 3          A      Was it Ana or another gentleman?   I don't
 4     remember.
 5          Q    Josh maybe?
 6          A    Richard should know.
 7               Who was it?
 8          MR. MENNA: Josh.
 9     BY MR. VOGEL:
10          Q    Was it Josh?
11          A    Yes.
12          Q    As you sit here today, do you have a
13     recollection of what the problem was with the car?
14          A    Well, the main problem was when I went by the
15     building, I saw that he had a Chevy Suburban which
16     was -- had flat tires, unregistered, unlicensed, and he
17     had some storage cluttering in the parking area.
18               And the problem was I told him that the code
19     enforcement was giving me -- would have me remove that.
20     "So please get it licensed and get a tag for the car,
21     and then you can keep your car." And then also
22     "cleaning up your clutter." That's the main problem I
23     had.
24          Q    Okay.
25          A    I didn't tell him personally. I wrote him in
0050
 1     writing.
 2          Q    Okay.
 3          A    I may have told him in person, too. I don't
 4     remember, but there was something to that effect.
 5          Q    Let me show you what has been marked as --
 6     it's Bates stamp 000001.
 7          A    Okay.
 8          MR. ANDENORO: Mark this as an exhibit --
 9          MR. VOGEL: We'll mark it as Exhibit 1.
10          MR. ANDENORO: -- to this deposition?
11          MR. VOGEL: Yes.
12               (Whereupon Plaintiff's Exhibit 1 was
13               marked for identification by the court
14               reporter and attached to the deposition
15               transcript.)
16     BY MR. VOGEL:
17          Q    Do you recognize this document that we've
18     called Exhibit 1?
19          MR. ANDENORO: First off, do you recognize the
20     document?
21          THE WITNESS: I'm trying to understand what does
22     this (indicating) say?
23          MR. MENNA: I can tell you.
24          MR. ANDENORO: Actually, you're not being deposed.
25          THE WITNESS: Who wrote this? Did he (indicating)
0051
 1     write it?
 2          MR. ANDENORO: He (indicating) wrote it.
 3          THE WITNESS: "After" -- this is the last word,
 4     "After I" -- "after" what?
 5          MR. ANDENORO: "After I signed"?
 6          THE WITNESS: "I signed"?
 7               It appears to be my signature. So I
 8     remember -- signature. So I remember -- I have a copy
 9     of it -- yeah, I have a copy of it at home. And in
10     fact, this document was typed by Richard Menna. He
11     typed it after about three, four months after
12     discussion over the car.
13               And this was our final agreement, that he
14     proposed to me, and in -- as a matter of fact, as a
15     point I didn't want to carry this on any further over a
16     simple matter of removing the car. And I felt like it
17     was very difficult situation. I felt like that was a
18     very good handling to move on, especially he proposed
19     it to me. And not only that. He said they would take
20     care of Chevy Suburban in case the code enforcement
21     people do a citation. He took responsibility for it.
22               I said, "Well, I -- as long as he'll cover
23     it," I said, "Wow, he's handling the problem. And he's
24     proposing on top of it. So why not?"
25               So I just accepted it as saving of time and
0052
 1     convenience, also help him out to carry on a
 2     relationship as a tenant and landlord.
 3     BY MR. VOGEL:
 4          Q    Okay. During negotiations that you have
 5     talked about, have you ever threatened Mr. Menna with
 6     eviction?
 7          A    No. In fact --
 8          MR. ANDENORO: Actually, you just have to answer
 9     his question.
10          THE WITNESS: Answer: No, I did not.
11     BY MR. VOGEL:
12          Q    Okay. Looking at the "Conditions," I see
13     Condition 1 says, "I will pay an additional $114 per
14     month rent."
15               Who was paying the additional rent in that?
16          A    See, Richard Menna types this up. So he's
17     saying it to me.
18          Q    Okay.
19           A   He typed it up.   He in fact proposed it to
20     me.
21          Q    So --
22          A    That was his idea. I wanted him to remove
23     the car or get a tag and licensed. He proposed it to
24     me after three, four months.
25               First he was trying to put a tag and license
0053
 1     on it, but he says, "Oh, I went to California Highway
 2     Patrol, and they want me to put the VIN number on it.
 3     I cannot do that. It's difficult. And it's
 4     Thanksgiving, Christmas, whatever. I have no time."
 5               So after a while, three, four months of this,
 6     he comes back with this new proposal, said that "I will
 7     cover up the Chevy Suburban, and I pay the additional
 8     114 for storing it, and I'll clean up the rest of my
 9     items and the garage."
10          MR. ANDENORO: Okay.
11          THE WITNESS: Okay.
12          MR. ANDENORO: Okay. Just answer his questions.
13          THE WITNESS: Yes, that's what it was.
14     BY MR. VOGEL:
15          Q    He came up with the idea that he would pay an
16     additional 114 a month?
17          A    That was his idea, yes.
18          Q    Do you know where he got that figure?
19          A    I don't know. You ask him.
20          Q    No. I was asking you.
21          A    I don't know. He didn't tell me. He
22     proposed it to me. And I accepted it because I didn't
23     want to waste any more time on this whole cycle.
24          Q    As you sit here today, you have no idea how
25     he came up with 114?
0054
 1          A    No idea. Honest to -- no. It's his
 2     handwriting, his typing.
 3          Q    Okay.
 4               I'll mark what's Bates-stamped 000425 as
 5     Exhibit 2 to this deposition.
 6               (Whereupon Plaintiff's Exhibit 2 was
 7               marked for identification by the court
 8               reporter and attached to the deposition
 9               transcript.)
10          THE WITNESS: What is your question now about this
11     document?
12     BY MR. VOGEL:
13          Q    Have you ever seen this before?
14          A    This is -- this is the one that he gave it to
15     Mike Neuhoff at the time --
16          MR. ANDENORO: He just wants to know if you've
17     seen it before. If you don't know --
18          THE WITNESS: It's about five years ago you're
19     asking me this question. I can't recall.
20     BY MR. VOGEL:
21          Q    Okay. That's a good answer.
22               Do you see in that document, refresh your
23     recollection, as to whether Mr. Menna was allowed to
24     have any cats at the apartment?
25          A    I don't know. I mean --
0055
 1           Q   Were pets --
 2           A   What was the question?   One more time.
 3           Q   Seeing that document and looking at it, do
 4     you recall if Mr. Menna was permitted to have pets at
 5     his apartment?
 6           A   It doesn't say it here, any pets. He has
 7     cats. Perhaps. It's there.
 8           Q   Were pets at that building prohibited? Do
 9     you know?
10           A   Not that I know. I didn't make an issue out
11     of it.
12           Q   So you don't have a policy in all your
13     buildings about pets?
14           A   I may have now, but maybe back then. Jaime
15     runs it now.
16           Q   You don't know what you have now?
17           A   What was the question?
18           Q   I spoke over you. I'm sorry.
19               I'm saying -- you don't know whether now
20     because Jaime runs it. What is --
21           A   Yeah. Now things have changed. I don't
22     know.
23           Q   Okay. When you were running it, did you ever
24     have any uniform policy against pets?
25           A   I may have.
0056
 1          Q    Okay.
 2          A    I don't recall.
 3          Q    And you leave that now to Jaime's judgement?
 4          A    Yes.
 5          Q    Do you recall at any time during the calendar
 6     year 2005, if you can get that year in mind, did Mr. --
 7     or strike that -- Jaime ever showing to you or bringing
 8     any correspondence written to you by Mr. Menna?
 9          A    When? What time frame?
10          Q    In the year 2005.
11          A    He mentioned something about a thank you
12     letter from him -- about something that he was very
13     grateful to what great job we had done for him. I
14     remember mentioning it to me. Maybe -- I think he may
15     have shown it to me. But that's all he showed me. I
16     think.
17          Q    You aren't aware that Mr. Menna had been
18     writing you during the 2005 time frame?
19          A    2005?
20          Q    Yes.
21          A    No. I didn't get any letters from him.
22          Q    2004?
23          A    No. I don't recall. I moved. I was not at
24     Kelvin.
25               What address did he send it to?
0057
 1          MR. ANDENORO: Just --
 2     BY MR. VOGEL:
 3          Q    Well, he would give it to   Ana, the on-site
 4     manager.
 5          A    It wouldn't come to me.
 6          Q    I'm --
 7          A    It wouldn't come to me.
 8          Q    Who would it go to?
 9          A    To Jaime.
10          Q    Was there any -- ever any   policy, guidelines
11     that you set forth to Jaime saying,   "If a letter
12     contains this or this allegation or   says this, I want
13     to see it"?
14          A    No.
15          Q    Like there are terrorists in the building
16     and --
17          A    I don't have no letters --
18          MR. ANDENORO: Objection. Calls for speculation.
19          THE WITNESS: -- no policies of that.
20          MR. ANDENORO: Argumentative.
21     BY MR. VOGEL:
22          Q    It's nothing you directed Jaime to flag, that
23     "If this is mentioned or if I'm alleged to have done
24     this, I want you to bring it to my attention"?
25          A    If something super important comes up, I
0058
 1     think he would mention it to me. That's the way I see
 2     it.
 3           Q   Okay. When you say if something is super
 4     important, he would mention it to you, can you as you
 5     sit here today give us any idea of what you would
 6     consider super important.
 7           A   You know, water damage, you know, something
 8     like the water heater explodes.
 9           Q   Okay. Do you have a set pattern or set
10     meeting with Mr. Rodriguez, like you meet with him once
11     on Friday mornings, to review things?
12           A   There is no set pattern.
13           Q   Okay. On average how often are you in
14     contact with him a week?
15           A   I think at least once a day, something like
16     that.
17           Q   Okay.
18           A   Around that time. He gives me a report.
19           Q   Typically what would he report on? Just
20     anything abnormal or unusual or just --
21           A   Well, day-to-day activities, things like
22     that. Nothing of any -- honest -- this is -- again, if
23     something important comes up, he calls me immediately.
24               But, you know, something like that, gives me
25     maybe end of day report. You know, sometimes he
0059
 1     doesn't even call me on some days.
 2          Q    Okay.
 3          A    Just -- so just a random thing.
 4          Q    But you will generally stay in touch with him
 5     once a week --
 6          A    Yes.
 7          Q    -- by phone?
 8          A    Yes.
 9          Q    I'm trying to get a grasp for -- you have no
10     involvement in the day-to-day running of the business;
11     correct?
12          A    That's right.
13          Q    What would he typically call you on, you
14     know, if he even called you twice a week? Just to
15     report everything is fine?
16          A    Yeah, that's right.
17          Q    Do you have a set amount of money you
18     disburse to him each week, you know, a set chunk of
19     money that should cover all normal operations for him
20     to outlay money to the contractors, the venue people?
21          A    No. He gives me the bills, and I pay for the
22     bills.
23          Q    Okay.   So you pay the individual bills as
24     they come in?
25          A    Yes.
0060
 1          Q    So you don't give Jaime 100,000 a week to
 2     manage and disburse to the various units?
 3          A    No.
 4          Q    Okay. So you sign a lot of checks a week?
 5          A    No. He lumps it up into one check. I give
 6     him one check.
 7          Q    I see. That's what I was getting at. You
 8     give him a check --
 9          A    For the lump of all the bills.
10          Q    And the bills would be what?
11          A    Well, let's say he buys a cabinet, he buys
12     hardware materials, you know, Home Depot, that type of
13     thing.
14          Q    But the property payments he doesn't pay?
15          A    I'm sorry. You're covering your mouth.
16          Q    The property payments he doesn't pay?
17          A    No. I pay them.
18          Q    You pay them?
19          A    Yes.
20          Q    Okay. And you pay the insurance, and you
21     pay -- but all the other things you get a list each
22     week from him?
23          A    Yes.
24          Q    And you check the list, and then you write
25     the check against the list?
0061
 1          A    That's right.
 2          Q    I see. And how often do you write that
 3     check?
 4          A    About once a week or maybe twice a week.
 5     Something like that.
 6          Q    Okay.
 7          A    Sometimes.
 8          Q    In that check does it include monies for
 9     people who are doing work on your facilities?
10          A    You mean salaries, you mean?
11          Q    Payment to contractors.
12          A    Wages, you mean?
13          Q    Wages.
14          A    That would be a separate check I give him
15     for, for wages.
16          Q    Okay.
17          A    But sometimes I combine. But again that --
18     but it may or may not include that, in your question.
19          Q    Okay. Do you have an estimate as you sit
20     here -- well, what you're paying out to him are just
21     miscellaneous expenses; is that correct?
22          A    The items he buys, yeah.
23          Q    Yeah. Okay.
24               Generally the rent receipts just go into one
25     account for all the buildings?
0062
 1          A      I think -- the rent receipts?
 2          Q      Yes.
 3          A      I think we discussed it with a couple of
 4     accounts,   two or three accounts, I think they go into.
 5          Q      What are the accounts differentiated by?
 6          A      There is no differentiation. Just what Jaime
 7     decides.
 8          Q    Do you have different banks?
 9          A    I think there are a couple banks. But Jaime
10     decides. It's mostly random, I should say.
11          Q    And he has no authority for payments himself?
12     Every check he gets, he gets, it has to go through you
13     to pay each expense?
14          A    I didn't get the question.
15          Q    Jaime doesn't have any check writing
16     authority whatsoever?
17          A    He doesn't.
18          Q    Okay. Well, I'm confused now. You write one
19     big check to him, and what does he do? He must write
20     checks out of another account?
21          A    No.
22          Q    "No"?
23          A    He spends -- he goes, let's say, spends money
24     on his credit cards. He writes his own checks. I pay
25     him. He pays himself.
0063
 1         Q     Okay.
 2         A     He doesn't -- I mean, he basically spends the
 3     money already, and I am paying him for what he already
 4     spent.
 5          Q    I see. You're reimbursing?
 6          A    Yes.
 7          Q    Okay, because I was going to say --
 8          MR. ANDENORO: Counsel, it's almost 5:00, and he
 9     needs to leave at 5:00.
10     BY MR. VOGEL:
11          Q    I'm sorry, sir.
12          A    If you have any questions, please go ahead.
13          Q    Okay.
14               Yeah, let me speak to my client for a second.
15          MR. ANDENORO: All right.
16               (Whereupon a recess was taken from
17               4:56 p.m. to 5:00 p.m.)
18     BY MR. VOGEL:
19          Q    As you sit here today, do you have an
20     approximate figure as to what the monthly gross
21     receipts for your rents are?
22          MR. ANDENORO: I'm going to object as this
23     improperly seeks financial information, and I'm going
24     to instruct him not to answer.
25
0064
 1     BY MR. VOGEL:
 2          Q    Are --
 3          MR. ANDENORO: Also invades his right to financial
 4     privacy, seeks this information without a court order
 5     pursuant to Civil Code Section 3295.
 6               And I'll stick with the instruction and
 7     instruct you to not answer.
 8     BY MR. VOGEL:
 9          Q    Well, do you as you sit here today --
10               Could you read the question back.
11               (Record read.)
12          MR. VOGEL: The objection is no good because I
13     didn't ask him to state the number.
14          Q    I'm saying: Do you have a monthly idea of
15     what the gross is on your figures?
16          A    No. It varies.
17          Q    You have no idea what your monthly gross is?
18          A    I know approximately what it is, but I'm --
19     but I'm listening to Counsel.
20          Q    I'm not asking you to reveal it. I'm just
21     asking you if you have an expectation of a figure in --
22          A    I have some idea, sure.
23          Q    Okay. Do you as you sit here have an idea of
24     the approximation of vacancy rates of your buildings?
25          A    Yes. Some idea, yes.
0065
 1          Q    What is that?
 2          A    The rate? Again Jaime knows best.
 3               Maybe -- when you say "rate," what do you
 4     mean by "rate"?
 5          Q    You know, are all your buildings -- are all
 6     of the building you own completely full? There is no
 7     vacancies in any of them?
 8          A    Well, I think we have some vacancy, but I
 9     don't know how many. Again it varies. You should ask
10     Jaime on that.
11          Q    Okay. Do you ever perform any independent
12     checks on the individual apartments to make sure that
13     they are indeed occupied?
14          A    I don't.
15          Q    Okay. Can you give me an approximation of
16     what amount of money you reimbursed Jaime for expenses
17     that he presented you last week.
18          MR. ANDENORO: Objection. Calls for information
19     that's irrelevant.
20               But you can answer the question if you know.
21          THE WITNESS: Yeah. I don't know what his -- no
22     idea what that means even.
23     BY MR. VOGEL:
24          Q    You indicate you --
25          A    How many receipts he give me? Is that what
0066
 1     you're saying?
 2          Q     What I'm --
 3          MR. ANDENORO: He wants to --
 4     BY MR. VOGEL:
 5          Q     Are you writing over 10,000 a week, usually?
 6          A     It varies. Not a fixed number.
 7          Q     I'm sorry?
 8          A     It varies. It's not a fixed number.
 9          Q     Okay. What are the parameters of the
10     variation? I mean, do you have --
11          A     Well, one week we have a leak, next week we
12     don't have a leak. That's -- one week we have a unit
13     that becomes vacant, and then you don't have the
14     vacancy. That's the parameter right there.
15          Q     You don't reimburse him more than 100,000 a
16     week, have you?
17          A     No. Never said that. That's an incorrect
18     figure.
19          Q     Right. I'm just saying that's one parameter
20     we could set.
21          MR. ANDENORO: I think he wants a range.
22     BY MR. VOGEL:
23          Q     Yes. I'm trying to get a feel for your
24     operation.
25          A     A few thousand. It varies. A few thousand.
0067
 1     That's the range.
 2          Q    Depends if he's buying a water heater?
 3          A    Yes. A water heater is $3,000 right there.
 4          Q    Is it?
 5          A    Yes.
 6          Q    You don't get involved in selecting the
 7     people to supply your water heaters and who supplies
 8     your carpets and wallpapers and paint? None of that?
 9          A    He does everything.
10          Q    Do you get invoices from those individual
11     people, though, for certain --
12          A    Yes.
13          Q    -- jobs, and he pays the invoices and passes
14     it on to you?
15          A    He gives me the invoice, and I pay the
16     invoice.
17          Q    I got you.
18               Was the name Enrique Gomez -- you wouldn't
19     write any checks to Enrique? He would do it?
20          A    Yes, he would.
21          Q    You would just see Enrique's invoices from
22     time to time?
23          A    Invoices?
24          Q    Well, Enrique would do work around the place,
25     he would submit an invoice to Jaime -- strike that.
0068
 1               Enrique does some work at one of your
 2     buildings. He then submits an invoice to Jaime. Jaime
 3     then pays him directly and seeks reimbursement from
 4     you? Or is that not correct?
 5          A    Invoice for what?
 6          Q    The wages for Enrique.
 7          A    Yeah. Invoice -- that's the wages, yeah.
 8          Q    Okay.
 9          A    The time card, how many hours he worked, and
10     Jaime pays him. I'm assuming that's how it works, but
11     I'm not there.
12          Q    And then Jaime would also have at the same
13     time other invoices from other workers. It would all
14     come to you into one, and then you would write one big
15     check to Jaime, and you would reimburse Jaime for that?
16          A    Exactly, yes.
17          Q    Okay. What is the difference -- Jaime is, in
18     fact, a management company, then, is he not?
19          A    He is.
20          Q    Yet Jaime would be responsible for 1099'ing
21     someone like Enrique?
22          A    You should ask him.
23          Q    Oh.
24          A    I don't know what he does.
25          Q    I see. I see.
0069
 1               Do you have any -- strike that.
 2               Do you have any -- do you insure Jaime on
 3     your vehicles, on any of your vehicles?
 4          A    My vehicles?
 5          Q    Yes.
 6          A    My vehicles?
 7          Q    If Jaime incurs a liability, the way you're
 8     set up, is that something you incur?
 9          MR. ANDENORO: No. I'm going to object. That
10     calls for a legal conclusion, and I'll instruct him not
11     to answer.
12     BY MR. VOGEL:
13          Q     Are you legally responsible for any of
14     Jaime's actions?
15          MR. ANDENORO: Same objection. Same instruction.
16     BY MR. VOGEL:
17          Q     You feel he's your agent?
18          MR. ANDENORO: Same objection. Same instruction.
19          MR. VOGEL: It won't work at trial.
20          MR. ANDENORO: If you ask him if he thinks he's an
21     agent, yes, it will. That's a legal conclusion.
22     BY MR. VOGEL:
23          Q     Do you consider Jaime your agent?
24          MR. ANDENORO: Same objection. Same instruction.
25
0070
 1     BY MR. VOGEL:
 2          Q    You're aware that you've already answered
 3     that question under oath?
 4          MR. ANDENORO: I'm going to go ahead and interpose
 5     an objection that interrogatories are to be answered
 6     with the assistance of counsel, and they can call for
 7     legal conclusions in the form of an interrogatory
 8     question.
 9               You can't do that during a deposition, and
10     I'm going to stick with my instruction.
11          MR. VOGEL: Okay.
12          Q    You're not a licensed real estate broker, are
13     you?
14          A    I'm not a broker.
15          Q    Agent?
16          A    No.
17          Q    Do you hold any other professional licenses
18     other than your -- I gather you have engineering
19     licenses.
20          A    No other license.
21               What do you mean? Real estate license?
22          Q    Yes. Anything like that?
23          A    No.
24          Q    Do you hold engineering licenses?
25          A    I don't need to.
0071
 1          Q    No. I understand you don't need to. I'm
 2     just asking you.
 3          A    I don't hold license. I have my degrees.
 4          Q    You're not a mechanical engineer?
 5          A    Same -- double E, electrical engineer.
 6          Q    Electrical engineer?
 7          A    Yes.
 8          Q    Is that a license, actually?
 9          A    (No audible response.)
10          Q    It's a degree, isn't it? EE -- that's not a
11     separate license, is it?
12          MR. ANDENORO: He didn't say "license."
13          MR. VOGEL: I know that.
14          THE WITNESS: It's a degree.
15     BY MR. VOGEL:
16          Q    It's a degree?
17          A    Yes.
18          Q    That's what I thought, yeah.
19               Do any of your buildings -- have you ever
20     encountered asbestos removal on any of them?
21          MR. ANDENORO: Objection. This is really going
22     beyond the scope of what this deposition is about.
23     There is no allegations of asbestos in this case.
24          MR. VOGEL: No. I know. I just asked if he ever
25     encountered removal.
0072
 1          MR. ANDENORO: At this point it seems to be
 2     harassing of the witness to continue the length of the
 3     deposition, which has already gone beyond 5:00.
 4     BY MR. VOGEL:
 5          Q    I'm sorry, sir. Do you have to be somewhere?
 6          A    Yes.
 7          Q    I'm sorry.
 8          A    If you have anything that is really urgent,
 9     by all means, go ahead, and I'll be happy to answer.
10          Q    I'm trying to get a feel for how would you
11     know there even was an asbestos issue on your
12     properties? You would rely on Jaime to tell you;
13     right?
14          A    (Indicating.)
15          Q    You would rely on your counsel?
16          MR. ANDENORO: This is going beyond anything
17     involved in this lawsuit. There is no allegations of
18     anything having to do with asbestos in this case.
19     There is no evidence that asbestos was involved in any
20     way in this case.
21          MR. VOGEL: We're not contending it is. I'm
22     wondering --
23          MR. ANDENORO: Why are you asking this?
24          MR. VOGEL: I'm wondering how as a conscientious
25     owner of a property he's relying on Jaime to spot
0073
 1     asbestos.
 2          MR. ANDENORO: Why is asbestos an issue?
 3          MR. VOGEL: I'm just asking it as a hypothetical.
 4          MR. ANDENORO: Incomplete hypothetical and calls
 5     for expert opinion, and I'll instruct him to not
 6     answer.
 7          MR. VOGEL: That raises a good point.
 8          Q    Do you consider Jaime an expert on property
 9     management?
10          A    (No audible response.)
11          MR. ANDENORO: I --
12     BY MR. VOGEL:
13          Q    You can answer.
14          MR. ANDENORO: Calls for a legal conclusion.
15          THE WITNESS: How do you define "expert"?
16     BY MR. VOGEL:
17          Q    Does he have expertise in property management
18     beyond the average person?
19          A    Average person?
20          Q    Yes.
21          A    Who is an average person?
22          Q    Do you consider Jaime to be a skilled
23     property manager?
24          A    Skilled, yes.
25          Q    Okay. What training and background does he
0074
 1     have?     Do you know?
 2             A    You should ask him.
 3             Q    Well --
 4             MR. ANDENORO: And he's already talked about --
 5     BY MR. VOGEL:
 6          Q    I'm asking you. Do you know what his
 7     background, his educational background, in property
 8     management is?
 9          A    You should ask him. I don't know his
10     background. I know he's a manager before I took him
11     on. I didn't even ask him that question.
12          Q    Did you consider it important before you let
13     someone manage your buildings to know their background?
14     Would you consider it important for someone you choose
15     to manage your properties to investigate their
16     background in management, property management?
17          A    Investigate the background?
18          Q    Yes.
19          A    Like how?
20          Q    Well, I'll leave it up to you.
21               Did you conduct any investigation into
22     Jaime's background?
23          A    No, I did not.
24          Q    Okay. Would that be important to your
25     consideration for property management?
0075
 1           A    For some people it may. I think it could be.
 2     Potentially it could be, but in this case I did not.
 3           Q    Do you -- does Jaime manage any properties
 4     that you don't own?
 5           A    I don't --
 6           Q    For --
 7           A    You should ask him.
 8           Q    On your behalf.
 9           A    I'm the owner. You should ask him.
10           Q    On your behalf does he --
11           A    On my behalf?
12           Q    Do you manage any properties you don't own?
13           A    I'm not in management.
14           MR. ANDENORO: No. He wants to know does KRC
15     Management or Jaime or you manage properties you don't
16     own, or is it only for the properties you own?
17           THE WITNESS: Not that I know of. Exactly. We're
18     not doing any outside.
19           MR. ANDENORO: There you go.
20     BY MR. VOGEL:
21           Q    Would that be something you would know if you
22     were?
23           A    I probably would, yeah.
24           Q    How would you know?
25           A    How would I know? I would ask him. He would
0076
 1     tell me.
 2          Q    Have you ever asked him?
 3          A    I never asked him, and he never told me.
 4          Q    So you don't know?
 5          A    No, but --
 6          MR. ANDENORO: Objection. Argumentative.
 7               Don't answer the question.
 8     BY MR. VOGEL:
 9          Q    Well, serious. Do you have any -- have you
10     issued any writings to Jaime delineating what
11     exactly -- that he should not go outside and manage any
12     properties not owned by you?
13          MR. ANDENORO: Objection. Argumentative.
14               But you can answer the question. Did you
15     give him any writings like that?
16          THE WITNESS: No.
17     BY MR. VOGEL:
18          Q    Have you issued him any writings that sets
19     forth guidelines by which his management standards
20     would be governed?
21          A    The question was not clear. One more time.
22          Q    Let me try it again.
23               Have you ever issued to Jaime any writings in
24     the form of a memo or anything setting forth the
25     requirements that you wanted him to fulfill in his job?
0077
 1           A    No, not a writing of a memo, not that I can
 2     recall.
 3           MR. ANDENORO: We need to take a break.
 4           MR. VOGEL: Sure.
 5           MR. ANDENORO: Off the record.
 6                (Whereupon a recess was taken from
 7                5:15 p.m. to 5:17 p.m.)
 8           MR. VOGEL: Back on the record.
 9           MR. ANDENORO: How much longer do you think you
10     have?
11           THE WITNESS: I'm really late on my appointment.
12           MR. VOGEL: Oh.
13                One second.
14                (Mr. Vogel confers with his client.)
15           MR. VOGEL: Okay. I do have a while on this
16     exhibit (indicating).
17           Q    As you sit here today, do you have -- can you
18     give me an estimate as to how many rental units you
19     own.
20           A    Estimate?
21           MR. ANDENORO: Yeah.
22     BY MR. VOGEL:
23           Q    Yes.
24           A    I think we own about 20 properties. In that
25     neighborhood, in that range.
0078
 1             Q   How many rental units?   Can you estimate
 2     that?
 3          A    So 20 times 25. 500.
 4          Q    Okay.
 5          A    Approximately.
 6          Q    You say "we." You mean you and your wife?
 7          A    Me and my wife, yes.
 8          MR. VOGEL: Okay. Okay.
 9               That's all. I'm sorry we delayed you. All
10     right. I hope you're not late.
11          THE WITNESS: I am late.
12          MR. VOGEL: Oh, I'm sorry. You should have told
13     us earlier.
14          MR. ANDENORO: For the record, we are taking the
15     position that the discovery cutoff is tomorrow, the
16     date of the MSC. The discovery cutoff by code and per
17     the court's order is tomorrow, and I think it was
18     unfair to try to get four witnesses done on -- in one
19     day. Actually, you shot for five witnesses. So --
20          MR. VOGEL: Is there another one?
21          MR. MENNA: No.
22          MR. ANDENORO: Well, they were shooting for five.
23     It's just we didn't get Enrique Gomez because he's no
24     longer an employee. So I will go ahead and -- I guess
25     that's it for the depo.
0079
 1          MR. VOGEL: Well, our position is we -- we're
 2     planning to go through these documents (indicating).
 3     Haven't identified them. We can fight that out with a
 4     judge on a later date.
 5          MR. ANDENORO: It's my position --
 6          MR. VOGEL: I'm sorry, sir. I didn't mean to make
 7     you late.
 8               I'm aware of your position.
 9          MR. ANDENORO: Okay. We can go off.
10               Are you done?
11          MR. VOGEL: Yes -- well, we're done with our --
12     for today's session. Our position is just different
13     than yours. We're saying it's not done. You're saying
14     it's done. I understand that.
15          MR. ANDENORO: Okay.
16          MR. VOGEL: We can hash that out with the judge
17     later.
18          MR. ANDENORO: Thank you.
19          MR. VOGEL: All right.
20
21                (Whereupon the deposition was adjourned at
22                5:20 p.m.)
23                              - o0o -
24
25
0080
 1     State of California           )
 2                                   ) ss.
 3     County of Los Angeles         )
 4
 5
 6
 7
 8               I, Matthew Kadmanesh, hereby certify under
 9     penalty of perjury under the laws of the State of
10     California that the foregoing is true and correct.
11               Executed this ____ day of _____________,
12     2007, at _____________________, California.
13
14
15
16
17                             ______________________________
18                                   Matthew Kadmanesh
19
20
21
22
23
24
25
0081
 1     STATE OF CALIFORNIA       )
                                 )    SS.
 2     COUNTY OF LOS ANGELES     )
 3
 4
 5                I, BENNY KOGON, CSR NO. 6626, DO HEREBY
 6     CERTIFY:
 7                THAT, PRIOR TO BEING EXAMINED, THE WITNESS
 8   WHOSE DEPOSITION APPEARS HEREINBEFORE WAS DULY SWORN
 9   TO TESTIFY THE TRUTH, THE WHOLE TRUTH, AND NOTHING
10   BUT THE TRUTH;
11             THAT THE TESTIMONY OF THE WITNESS AND ALL
12   OBJECTIONS MADE AT THE TIME OF THE EXAMINATION WERE
13   RECORDED STENOGRAPHICALLY BY ME;
14             THAT THE FOREGOING TRANSCRIPT IS A TRUE
15   RECORD OF THE TESTIMONY AND ALL OBJECTIONS MADE AT
16   THE TIME OF THE EXAMINATION.
17             I FURTHER CERTIFY THAT I AM NOT INTERESTED
18   IN THE OUTCOME OF THE ACTION.
19             IN WITNESS WHEREOF, I HAVE HEREUNTO
20   SUBSCRIBED MY NAME THIS 19TH DAY OF JULY, 2007.
21
22
23                              _________________________
24                                     BENNY KOGON
25

				
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