Judge Matthew Gary Federal Civil Rights Violations - Color of Law Conspiracy with Judge Pro Tem Attorney - Honest Services Fraud Sacramento Superior Court Judge Robert Hight Presiding Judge - Judge James Mize Supervising Judge - Judge Vance Raye 3rd District Court of Appeal - US District Court Eastern District of California Judge Morrison England Chief District Judge

-"---'
THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SACRAMENTO
---ooo---
In re the Marriage of:
Petitioner,
vs
CASE NO. 10
,
8
9
Respondent.
10
---ooo---
11
12
13
REPORTER'S TRANSCRIPT OF PROCEEDINGS
14
15
Held in the Superior Court, in and for the County of

Sacramento, Department 121, on Wednesday, May 9, 2012;
16
17
Before the HONORABLE MATTHEW J. GARY, Judge
18
---ooo---
19
APPEARANCES
20
For the Petitioner:
WOODRUFF, O'HAIR, POSNER & SALINGER

2251 Fair Oaks Boulevard
Sacramento, California 95825
For the Respondent:
IN PROPRIA PERSONA
Reported By:
Tara Murany, CSR No. 12892
21
22
23
24
25
26
27
28
~~
~--------SACRAMENTO
COUNTY OFFICIAL COURT
REPORTERS--------~
SACRAMENTO, CALIFORNIA
MAY 9, 2012
---ooo---
Proceedings in the Marriage of
Case No.
, came on regularly this day before the Honorable
5
6
MATTHEW J. GARY, Judge of the Superior Court of California,
for the County of Sacramento, Department 121, thereof.
The Petitioner,
represented by PAULA D. SALINGER, Attorney at Law.
10
11
was
The Respondent,
appeared
IN PROPRIA PERSONA.
12
The following proceedings were then had, to wit:
---ooo---
13
14
THE COURT:
15
MS. SALINGER:
16
THE COURT:
17
MS. SALINGER:
18
And then
Your Honor, I do have a statement of
attorney's fees and costs.

THE COURT:
20
MS. SALINGER:
You may, thank you.
THE COURT:
I did give
Great.
a copy of it
Thank you.
And good morning to
all.
24
MS. SALINGER:
25
THE COURT:
Good morning.
Record will reflect both parties are
26
present, and counsel for
27
worked out at all on this?
28
May I approach?
this morning.
22
23
Yes, Your Honor.
Come on up.
19
21
, is that ready?
MS. SALINGER:
~-------SACRAMENTO
is present.
And anything
No, Your Honor.
COUNTY OFFICIAL COURT REPORTERS--------1
NOTE: Judge accepts judge pro tem attorney's late paperwork served and filed at the hearing.
Then refuses pro per paperwork served and filed 6 days before the hearing (see below).
THE RESPONDENT:
just handed you, Your Honor?
3
4
THE COURT:
fees and costs.
Yes, sir.
THE RESPONDENT:
THE COURT:
is your motion.
8
9
A statement of attorney's
And did you receive that, sir?
Can we get on the record what she
Yes, I did, just five minutes ago.
Okay.
And Ms. Salinger, I believe this
You may be heard.
MS. SALINGER:
Yes, Your Honor.
Motion presents
seven items that we are requesting that the Court orders, and
10
really nothing has changed since the filing of the motion.
11
Did you have an opportunity, Your Honor, to review the motion
12
and the points and authorities?
13
THE COURT:
Yes.
14
MS. SALINGER:
So the most important part of our
15
motion are the first two requests that we're making.
16
making a request to present Mr. -- prevent Mr.
17
presenting evidence that should have been presented in his
18
declaration of disclosure.
19
does the code provide that he is supposed to serve a
20
declaration of disclosure, and then in October of 2010 after
21
the filing of a Motion to Compel the Court ordered him to
22
provide his declaration of disclosure, it still has not been
23
completed.
24
and get the issues resolved, and get it to trial without
25
Mr.
26
the first order that we're requesting.
27
28
We're
from
Despite the fact that not only
We're simply unable to proceed on this matter,
presenting a declaration of disclosure.
So that is
And what ties into that is granting my client the

voluntary waiver of Mr.
~--------SACRAMENTO
declaration of disclosure,
deny the request to long cause without prejudice to hearing
what your side is right now on each of these requests.
THE RESPONDENT:
THE COURT:
Okay.
Apparently a package did come in.
It
did arrive.
Apparently you sent this up to admin, or you sent --
actually, you sent it simply to the court, which unless you
send it in with a -- with a runner or you bring it in or
something, it's simply delivered to general mail upstairs.
10
Did this go to general mail upstairs?
11
12
There's a whole package of unfiled documents.
THE RESPONDENT:
I followed the instructions for
filing by mail, Your Honor
13
THE COURT:
14
THE RESPONDENT:
15
Yeah.
So -on the website, the court
website.
16
THE COURT:
these apparently came in.
The post
17
mark on this is May 3rd, so I'm not exactly sure when the
18
court received it.
19
or Tuesday.
20
21
It may have been Friday.
the documents are not here timely.
In any event, I didn't

I have not reviewed
them.
22
23
My assumption is probably sometime Monday
THE RESPONDENT:
It was sent priority mail per the
instructions on the court website.
24
THE COURT:
Sure.
Just for your information,
25
though, sir, I have not reviewed or -- I have not reviewed
26
the documents as they were not filed timely.
27
look now.
28
Ms. Salinger, you have an objection to the Court considering
I'll take a
I'll take a look at the documents unless,
~--------SACRAMENTO
[NOTE: At this point in the hearing, the opposing attorney had already argued the merits of her motion and did not make a
timlienss objection, thus waiving any objection (see legal cite below). Here, the judge prompts her for an objection so he will have
an excuse for not considering the pro per respondents pleadings. The attorney dutifully makes the objection.]
[Respondent is an indigent, disabled pro per and domestic violence victim (see below). The complete transcript from this
hearing is attached below. As the full transcript records, the judge allowed the attorney to serve and file an untimely attorney
fees and costs request at the start of the same hearing. ]
the documents based upon the timeliness or untimeliness of
their filing.
MS. SALINGER:
I do have an objection, Your Honor.
The documents as you just mentioned are due at least nine
court days prior to the hearing to be filed and served, and
that would have been April 26th that they should have been
served and filed with the Court.
THE COURT:
MS. SALINGER:
10
When did you receive them?
I received them on the 3rd of May
also via e-mail.
11
12
Okay.
THE COURT:
Have you had adequate opportunity to
review them and reply?
13
MS. SALINGER:
14
replied, Your Honor.
15
to draft a reply.
16
I have reviewed.
I have reviewed.
THE COURT:
Okay.
I have not
I did not have time
All right.
Mr.
17
unfortunately, I'm going to go ahead and have the documents
18
filed for you, but I will not consider them for today's
19
hearing as they are untimely filed and served.
20
21
THE RESPONDENT:
Now, isn't it, Your Honor,
customary -- I'd request to continuance then, Your Honor.
22
THE COURT:
If I can go back, sir, and let's go
23
ahead and take a look at the issues.
24
Ms.
25
from producing evidence simply because you did not comply
26
with the Court's order to provide disclosures, and this
27
should be under 2100 et sec.
28
And on the first issue,
is simply requesting that the Court prevent you
THE RESPONDENT:
~-------SACRAMENTO
What's your position on that?
Your Honor, if I may, I wasn't
NOTE: If a judge refuses to consider late-filed papers, the order must so state (CRC 3.1300(d). The
order issued did not record that the pro per's pleadings were not considered (see the order below).
Cal. Prac. Guide Civ. Pro. Before Trial Ch. 9(I)-B

California Practice Guide: Civil Procedure Before Trial
Hon. William F. Rylaarsdam, Hon. Lee Smalley Edmon, Contributing Editors: Atty. Richard J. Burdge, Jr., Atty.
Richard B. Goetz, and Atty. David J. Pasternak
e. [9:88] Defects waived by arguing merits at hearing: Insufficient or defective notice may be waived if opposing
counsel shows up at the hearing and argues the merits of the motion. If they appear at all, they should limit their
argument to objections based on the defective notice. Otherwise, the court will treat their opposition on the merits as
a waiver of the defects. [Alliance Bank v. Murray (1984) 161 CA3d 1, 7, 207 CR 233, 237; Carlton v. Quint (2000)
77 CA4th 690, 697, 91 CR2d 844, 848]
To preserve the issue for appeal, the opposing party should expressly object to the defective notice in its opposition
papers, request a continuance and demonstrate prejudice from the defective notice. [Reedy v. Bussell (2007) 148
CA4th 1272, 1288, 56 CR3d 216, 228]
=> [9:88.1] PRACTICE POINTER: Use common sense in raising such objections. Judges may react negatively
where the defective notice has not hampered preparation of a response.
[9:88.288.4] Reserved.
(1) [11:287] Defects waived by opposition on merits: Plaintiffs waive any objection as to the form or content of
the notice by appearing at the hearing and arguing the merits. (If plaintiffs appear at all, they should limit
themselves to objecting to sufficiency of notice.) [Tate v. Sup.Ct. (City & County of San Francisco) (1975) 45
CA3d 925, 928, 119 CR 835, 838rule applied where hearing ordered by court sua sponte]
[11:288289] Reserved.
Cal. Prac. Guide Civ. Pro. Before Trial Ch. 9(I)-C

California Practice Guide: Civil Procedure Before Trial
Hon. William F. Rylaarsdam, Hon. Lee Smalley Edmon, Contributing Editors: Atty. Richard J. Burdge, Jr., Atty.
Richard B. Goetz, and Atty. David J. Pasternak
Chapter 9. Part I Law And Motion
C. Opposing The MotionAnd Rebutting The Opposition
e. [9:105.4] Discretion re late-filed papers: Papers submitted after the deadline must be accepted for filing. But the
court, in its discretion, may refuse to consider these papers in ruling on the motion (in which event, the minutes or
order must so state). [CRC 3.1300(d)]
(1) [9:105.5] Comment: A courts decision not to consider late-filed papers may not be exercised arbitrarily.
[Kapitanski v. Vons Grocery Co. (1983) 146 CA3d 29, 3233, 193 CR 839, 841court can summarily reject latefiled papers under local rules, but if it considers them at all, it must apply CCP 473 standards, and it is an abuse
of discretion to refuse relief if excusable neglect shown (cited with approval in Mann v. Cracchiolo (1985) 38
C3d 18, 30, 210 CR 762, 767)]
If the court decides to consider late-filed papers, a continuance may be necessitated. [See Hobson v. Raychem
Corp. (1999) 73 CA4th 614, 623, 86 CR2d 497, 503 (dictum) (disapproved on other grounds in Colmenares v.
Braemar Country Club, Inc. (2003) 29 C4th 1019, 130 CR2d 662)]
-"---'
THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SACRAMENTO
---ooo---
In re the Marriage of:
Petitioner,
vs
CASE NO. 10
,
8
9
Respondent.
10
---ooo---
11
12
13
REPORTER'S TRANSCRIPT OF PROCEEDINGS
14
15
Held in the Superior Court, in and for the County of

Sacramento, Department 121, on Wednesday, May 9, 2012;
16
17
Before the HONORABLE MATTHEW J. GARY, Judge
18
---ooo---
19
APPEARANCES
20
For the Petitioner:
WOODRUFF, O'HAIR, POSNER & SALINGER

2251 Fair Oaks Boulevard
Sacramento, California 95825
For the Respondent:
IN PROPRIA PERSONA
Reported By:
Tara Murany, CSR No. 12892
21
22
23
24
25
26
27
28
~~
~--------SACRAMENTO
REPORTERS--------~
SACRAMENTO, CALIFORNIA
MAY 9, 2012
---ooo---
Proceedings in the Marriage of
Case No.
, came on regularly this day before the Honorable
5
6
MATTHEW J. GARY, Judge of the Superior Court of California,
for the County of Sacramento, Department 121, thereof.
The Petitioner,
represented by PAULA D. SALINGER, Attorney at Law.
10
11
was
The Respondent,
appeared
IN PROPRIA PERSONA.
12
The following proceedings were then had, to wit:
---ooo---
13
14
THE COURT:
15
MS. SALINGER:
16
THE COURT:
17
MS. SALINGER:
18
And then
Your Honor, I do have a statement of
attorney's fees and costs.

THE COURT:
20
MS. SALINGER:
You may, thank you.
THE COURT:
I did give
Great.
a copy of it
Thank you.
And good morning to
all.
24
MS. SALINGER:
25
THE COURT:
Good morning.
Record will reflect both parties are
26
present, and counsel for
27
worked out at all on this?
28
May I approach?
this morning.
22
23
Yes, Your Honor.
Come on up.
19
21
, is that ready?
MS. SALINGER:
~-------SACRAMENTO
is present.
And anything
No, Your Honor.
THE RESPONDENT:
just handed you, Your Honor?
3
4
THE COURT:
fees and costs.
Yes, sir.
THE RESPONDENT:
THE COURT:
is your motion.
8
9
A statement of attorney's
And did you receive that, sir?
Can we get on the record what she
Yes, I did, just five minutes ago.
Okay.
And Ms. Salinger, I believe this
You may be heard.
MS. SALINGER:
Yes, Your Honor.
Motion presents
seven items that we are requesting that the Court orders, and
10
really nothing has changed since the filing of the motion.
11
Did you have an opportunity, Your Honor, to review the motion
12
and the points and authorities?
13
THE COURT:
Yes.
14
MS. SALINGER:
So the most important part of our
15
motion are the first two requests that we're making.
16
making a request to present Mr. -- prevent Mr.
17
presenting evidence that should have been presented in his
18
declaration of disclosure.
19
does the code provide that he is supposed to serve a
20
declaration of disclosure, and then in October of 2010 after
21
the filing of a Motion to Compel the Court ordered him to
22
provide his declaration of disclosure, it still has not been
23
completed.
24
and get the issues resolved, and get it to trial without
25
Mr.
26
the first order that we're requesting.
27
28
We're
from
Despite the fact that not only
We're simply unable to proceed on this matter,
presenting a declaration of disclosure.
So that is
And what ties into that is granting my client the

voluntary waiver of Mr.
~--------SACRAMENTO
declaration of disclosure,
again, so this matter can proceed to trial.
Mr.
difficult for my client and not be able to reach a resolution
of this matter.
it.
refuses to comply with the court orders and comply with
discovery, comply with disclosure.
desire to simply drag this matter out to make it
And we have made several attempts to resolve
We've been to a settlement conference.
He simply
The other items that we're requesting are that he
I believe it's
obtain his personal property, which is in a storage unit that
10
my client has obtained for him.
11
October 2010 that he vacate the residence, my client moved
12
in, and he did not take his personal belongings.
13
point in order to secure those belongings, she moved them
14
into a storage unit.
15
them up.
16
storage unit since November of 2010.
17
When the Court ordered in
So at that
We immediately requested that he pick
He has refused, and she's been paying for that
The other items are the automobile that is in his
18
possession was my client's separate property.
19
than happy to turn it over to him.
20
ordered that he have exclusive use and possession.
21
the title here today.
22
She has continued to have to pay the expenses associated with
23
that, mainly the DMV registration, and also it ties into the
24
automobile insurance.
25
automobile insurance separated at this point.
26
She's more
The Court previously

She has
She's ready to sign it over to him.
She'd like to get the parties
Then the other two items are related to fees and
27
costs.
28
Your Honor, from October of 2010.
Mr.
did file an appeal of your orders,

While he did file that
-~----
~-------SACRAMENTO
'""'----
appeal, he just delayed it.
after getting numerous, I think it was five or six,
extensions; so after nearly a year, the court of appeal
dismissed that appeal.
waiting to see what would happen with that, so again, a
further delay.
Supreme Court of California, which was denied.
have to retain a counsel that was associated in, and her fees
associated with the appeal, her fees and costs, were
10
11
He never filed an opening brief
Of course, we were sort of in limbo
He also filed a petition for review of the

My client did
$4,957.11.
In addition, I'm requesting that Mr.
pay
12
attorney's fees and sanctions for the necessity of bringing
13
this motion today.
14
code to provide disclosure.
15
provided -- not provided disclosure, but also not complied
16
with the Court's orders to provide disclosure and to answer
17
the discovery.
18
not only contained in my motion, but an updated statement of
19
fees and costs was provided to the Court and to Mr.
20
this morning.
21
are now $3,302.50, and we're also requesting $5,000 in
22
sanctions against Mr.
He does have a fiduciary duty under the
So the request for the fees and sanctions is
So the fees incurred related to this motion
23
THE COURT:
24
MS. SALINGER:
25
26
And certainly he's not only
How much was the appeal attorney?

The appeal was $4,957.11.
Those
were the costs and fees with Elizabeth Niemi.

THE COURT:
And Mr.
if you wish, if you'd
27
walk through -- walk me through your position on each of
28
those issues?
~--------SACRAMENTO
THE RESPONDENT:
Yes, thank you, Your Honor.
off, I'd like to request a long-cause hearing for this
matter.
THE COURT:
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
Well, a long cause on what?
11
THE RESPONDENT:
12
THE COURT:
13
THE RESPONDENT:
THE COURT:
16
file your pleadings?
18
My responsive declaration.
Where did you file it, sir?

Here.
Where?
Well, I filed it by mail.
What do
What do you mean where?
15
17
Have you read my pleadings?
Which pleadings, sir?
THE COURT:
you mean here?
On the issues at issue here.
On which issue, though?
10
14
First
Where did you send -- where did you
THE RESPONDENT:
I sent it by mail to this address
here to the clerk of the court.
19
MS. SALINGER:
Your Honor, Mr.
pleadings
20
were served on my office on the 3rd of May, so I'm guessing
21
the Court has not received them.
22
23
24
25
26
THE COURT:
Let me go back to the original
question.
THE RESPONDENT:
I have an extra set here, Your
Honor, if that would help.

THE COURT:
Okay.
Well, let me go back.
27
requesting a long cause.
28
sure what the factual dispute is at this point.

~--------SACRAMENTO
I'm not quite sure what.
You're
I'm not
I'm going to
deny the request to long cause without prejudice to hearing
what your side is right now on each of these requests.
THE RESPONDENT:
THE COURT:
Okay.
Apparently a package did come in.
It
did arrive.
Apparently you sent this up to admin, or you sent --
actually, you sent it simply to the court, which unless you
send it in with a -- with a runner or you bring it in or
something, it's simply delivered to general mail upstairs.
10
Did this go to general mail upstairs?
11
12
There's a whole package of unfiled documents.
THE RESPONDENT:
I followed the instructions for
filing by mail, Your Honor
13
THE COURT:
14
THE RESPONDENT:
15
Yeah.
So -on the website, the court
website.
16
THE COURT:
these apparently came in.
The post
17
mark on this is May 3rd, so I'm not exactly sure when the
18
court received it.
19
or Tuesday.
20
21
It may have been Friday.
the documents are not here timely.
In any event, I didn't

I have not reviewed
them.
22
23
My assumption is probably sometime Monday
THE RESPONDENT:
It was sent priority mail per the
instructions on the court website.
24
THE COURT:
Sure.
Just for your information,
25
though, sir, I have not reviewed or -- I have not reviewed
26
the documents as they were not filed timely.
27
look now.
28
Ms. Salinger, you have an objection to the Court considering
I'll take a
I'll take a look at the documents unless,
~--------SACRAMENTO
the documents based upon the timeliness or untimeliness of
their filing.
MS. SALINGER:
I do have an objection, Your Honor.
The documents as you just mentioned are due at least nine
court days prior to the hearing to be filed and served, and
that would have been April 26th that they should have been
served and filed with the Court.
THE COURT:
MS. SALINGER:
10
When did you receive them?
I received them on the 3rd of May
also via e-mail.
11
12
Okay.
THE COURT:
Have you had adequate opportunity to
review them and reply?
13
MS. SALINGER:
14
replied, Your Honor.
15
to draft a reply.
16
I have reviewed.
I have reviewed.
THE COURT:
Okay.
I have not
I did not have time
All right.
Mr.
17
unfortunately, I'm going to go ahead and have the documents
18
filed for you, but I will not consider them for today's
19
hearing as they are untimely filed and served.
20
21
THE RESPONDENT:
Now, isn't it, Your Honor,
customary -- I'd request to continuance then, Your Honor.
22
THE COURT:
If I can go back, sir, and let's go
23
ahead and take a look at the issues.
24
Ms.
25
from producing evidence simply because you did not comply
26
with the Court's order to provide disclosures, and this
27
should be under 2100 et sec.
28
And on the first issue,
is simply requesting that the Court prevent you
THE RESPONDENT:
~-------SACRAMENTO
What's your position on that?
Your Honor, if I may, I wasn't
1
~~/
quite finished with my grounds for my evidentiary hearing.
THE COURT:
But Mr.
THE RESPONDENT:
THE COURT:
Yes, sir.
I am finished with it for just a
moment.
direct my court, I'm directing you to reply to the first
request.
have to, but we're going to actually stay on my agenda for
now and not yours.
10
And if you would follow my lead and allow me to
And you don't have to.
I'm not telling you you
So between you and I, what I'm inviting is your
11
reply to their first item.
12
first two items.
13
disclosure, and she wishes to proceed without your
14
disclosures, and she wishes an order preventing you from
15
producing evidence based on stuff that would otherwise have
16
had to have been disclosed.
17
Frankly, it's actually their
She wishes to voluntarily waive your
THE RESPONDENT:
How do you reply?

Your Honor, I have objections to
18
that under rule 5.118, subsection (f), California Rules of
19
Court and Code of Civil Procedure Section 436 and 431.10.
20
Those contentions are based on two declarations, which
21
contain inadmissible material.
22
THE COURT:
Mr.
is it true that I ordered
23
back in October of 2000
24
MS. SALINGER:
'10, Your Honor.
25
THE COURT:
2010 to produce a declaration for
26
disclosure?
27
THE RESPONDENT:
28
THE COURT:
~--------SACRAMENTO
That's true, Your Honor.
And did you do that?

THE RESPONDENT:
THE COURT:
THE RESPONDENT:
No, I didn't, Your Honor.
Okay.
It's my position that those orders
are void on their face.
THE COURT:
A and B are
granted.
that would otherwise have been disclosed in the disclosures,
and she may proceed to judgment with a voluntary waiver of
his preliminary and final disclosures.
10
is precluded from producing the evidence
So SA and 8B are
granted in the motion.
11
12
Mr.
That's -- thank, you sir.
As to C, sir, do you have any objection of

obtaining your personal property?
13
THE RESPONDENT:
14
live testimony under rule
15
to which I meant -- tried to say earlier.
16
THE COURT:
17
THE RESPONDENT:
18
THE COURT:
19
Does that require notice?
wish to present live testimony today?
21
THE COURT:
24
Did you give a notice of that?
Did you notice the other side that you
MS. SALINGER:
23
California Rules of Court 5.119
Okay.
20
22
Your Honor, I'd like to present
He did not, Your Honor.
And who did you wish to call as a
witness?
THE RESPONDENT:
I wish to call as a witness the
authors of the two declarations.
25
THE COURT:
26
THE RESPONDENT:
27
THE COURT:
28
THE RESPONDENT:
~-------SACRAMENTO
Are they here?

One of them is.
Authors of what two declarations?

The two declarations that were
COUNTY OFFICIAL COURT REPORTERS----------9
1
"--/
filed with this motion today.
THE COURT:
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
Who are you speaking of, sir?

I'm speaking of the Petitioner.
Who do you wish to call as a witness?

The Petitioner.
For what purpose?

To question her about the content
of the declaration she filed.

THE COURT:
Well, I'm asking you about 8C, the
10
request
8C says she wishes that you obtain your personal
11
property.
Do you have any objection for the return of your
12
personal property?
13
want your property?
14
object to obtaining your property.
15
16
She's offering you your property.
Do you
I was kind of thinking that you wouldn't
THE RESPONDENT:
Your Honor, that property is not
my property.
17
THE COURT:
18
THE RESPONDENT:
Okay.
Then can she have it?

That is community property, which
19
she unilaterally divided and transferred in violation of the
20
automatic temporary restraining orders.
21
THE COURT:
Mr.
, would you like her to keep
22
the property at this point, or do you want to obtain the
23
property?
24
25
THE RESPONDENT:
28
It's community property.
It
hasn't been divided yet.
26
27
She's offering it to you.
THE COURT:
point.
And she's offering it to you at this
Do you want it?

THE RESPONDENT:
~-------SACRAMENTO
I do not want it.
COUNTY OFFICIAL COURT REPORTERS-------10
THE COURT:
THE RESPONDENT:
3
4
Do you want
I want to go through the normal
process of dividing community property.

THE COURT:
This is actually a normal process.
you don't want it, she can have it.
you can have it.
THE RESPONDENT:
If she doesn't want it,
I don't know if I want it or not.
I don't know how -- it's all negotiable.
that point yet.
10
11
12
13
14
15
THE COURT:
Yes, you do.
THE RESPONDENT:
It's on the table right
This is a wrong condition.
This
is a coercive condition, coercive environment.

THE COURT:
So I'm going to assume at this point
she can have the property; is that fair?

THE RESPONDENT:
17
THE COURT:
18
it to you right now.
19
arrange it.
No, that's not fair.
Okay.
I'm going to go ahead and order
You can pick it up.
20
THE RESPONDENT:
21
THE COURT:
22
THE RESPONDENT:
23
THE COURT:
Go ahead and
I have no way to pick it up.
You can have all the property.

I have no way to transport it.
I do need it removed out of the storage
within how soon?
25
MS. SALINGER:
26
Mrs. Mrs.:
27
MS. SALINGER:
28
We haven't got to
now, and I'm offering it to you.
16
24
If
Are you paid through June?
I'm paid through the end of May.

So the payment is good to the end of
May, so if it can be picked up by May 31st?

~-------SACRAMENTO
THE COURT:
1
2
property.
Sure.
Sir, go ahead and pick up your
I'm going to award you the property.
3
4
Ms. Salinger, your client's position is he can have

all the property?
MS. SALINGER:
THE COURT:
MS. SALINGER:
THE COURT:
9
10
11
12
Yes, all the property.
She's not charging a value?

No, Your Honor.
Sir, you can have all the property,
just have it vacated out of the storage by May 31st.

THE RESPONDENT:
I have no way to get it out of the
storage, Your Honor.

MS. SALINGER:
Mr. -- Your Honor, Mr.
has a
13
Toyota 4Runner my client has given him, and he can transport
14
the property with that automobile.
15
THE RESPONDENT:
Your Honor, that's not true.
16
That's -- I barely have gas money to get here.
17
of this case she took control of all of our assets.
18
refused to release any funds to me to hire an attorney, to
19
pay rent, to pay business expenses.
20
closed for insufficient funds in November 2011.
21
borrow money to get gas to come to this hearing today.
22
filed a response with evidentiary objections because her
23
pleading does not conform to California Rules of Court and
24
local rules.
She's
My checking account was

I had to
I
You haven't read the pleadings.
25
THE COURT:
26
THE RESPONDENT:
27
THE COURT:
28
At the start
You haven't
--
You haven't read my response.
You haven't timely filed it, and it was
properly objected to, and I'm not going to read it.

~--------SACRAMENTO
COUNTY OFFICIAL COURT REPORTERS
I will
12
'~"
go ahead and have it filed for you, but I will not consider
it because it is not timely filed.
issue, so let's move away from that.
And I've addressed that
Sir, I do want you to pick up that property, have
4
5
the property removed from the storage on or before 5-31-2012.
If it's not removed timely, she may go ahead and remove the
property and dispose of it, which means she can sell it, she
can keep it, she can give it away.
point, if it's fair with you, that you have abandoned the
And I will assume at that
10
property, and she can do with it what she wants.
11
you?
12
THE RESPONDENT:
13
THE COURT:
14
THE RESPONDENT:
15
THE COURT:
16
Yes, Your Honor.
Okay with
Let me --
Thank you.
ask one thing.
So that will take care of Item C.
So
if he doesn't have it removed, she can go ahead and dispose.

MS. SALINGER:
17
There's also the issue of
18
reimbursing the Petitioner for storage expenses because she
19
has --
20
THE COURT:
How much is she asking for?
21
MS. SALINGER:
She is requesting $1,723.
That was
22
the cost of the storage from the date Mr.
23
to move out.
24
He was ordered to move out November 1,
25
items to storage February 1,
26
and that's just through March of '12.
27
another $279 on top of that, so it's $1,992 that will get us
28
through May.
was ordered
Actually, she kept it a couple months later.
~-------SACRAMENTO
'10.
She moved the
'11, so from February 1,

So it's 139.
'11,
It's
THE COURT:
And does she say that was his separate
property, or was that simply his goods from the marriage, in
essence, community?
THE PETITIONER:
MS. SALINGER:
6
7
It was separate property.

As I recall, the vast majority of
those items were separate property items.

THE RESPONDENT:
Your Honor, those items are listed
in her statement of issues, contentions and proposed
disposition filed November 23rd, 2010 as community property,
10
and in all settlement proposals it's all been listed as
11
community property.
12
property, transferred it to a storage unit in violation of
13
the automatic temporary restraining orders.
14
THE COURT:
She unilaterally divided community
Actually, that wouldn't be
15
transferring property to a storage unit is not a violation of
16
ATRO, A-T-R-0.
17
18
19
It's not.
Okay, so sir, what's your position regarding the

reimbursement for the storage?
THE RESPONDENT:
I -- I
Your Honor, isn't it
20
customary that when -- between -- if I -- if I was -- if I
21
had an attorney, would it not be customary if an -- and this
22
is -- I'm saying this based on having read Civil Procedure
23
Before Trial by Wiel and Brown, Hogoboom and Kings Family
24
Law, Wegner et al. Civil Trials in Evidence, all the Rutter
25
Group California Practice Guide publications.
26
customary when if I had an attorney, two attorneys, if one
27
filed -- according to these references, if one attorney files
28
a pleading, which is tardy, and the other attorney objects,
Now, isn't it
'~----/
~---------SACRAMENTO
COUNTY OFFICIAL COURT REPORTERS---------14
the objecting attorney is offered a continuance in order to
reply to the pleading, otherwise the pleading is considered.
THE COURT:
THE RESPONDENT:
Not necessarily.
What -- can you cite some
authority for that decision?

THE COURT:
How about if we just simply if I can
redirect you back to my agenda?
No, I don't -- I really
can't think -- by the way, I cannot think of the authority on
this excepting to give you the general rule.
When there are
10
timelines set for the filing and the reply to pleadings,
11
those timelines are for a reason.
12
constitutional requirement of notice and opportunity to be
13
heard.
They're to meet the
And so when Ms. Salinger filed her motion, she was
14
15
required to have it filed and served on you within X number
16
of days.
17
court days, if it's served by mail 16 court days plus five
18
days mail, to allow you to have the time and the opportunity
19
to prepare, meaningfully review the request and to prepare a
20
reply, and that she gave you.
21
the response is to allow the person who filed the motion the
22
opportunity to have -- to have the time to review the
23
response and provide a reply.
24
Typically it's served personally a minimum of 16
The reason for the timeline on
Now, many times it is true that counsel offer each
25
other courtesies.
But when it comes to the point
26
could be, by the way, it could be a counsel offering counsel
27
courtesy, or a counsel offering a self-represented, as you
28
are, a courtesy, or a self-represented offering counsel a
and that
~-
~-------SACRAMENTO
courtesy.
cases as they progress, when one party or one attorney begins
to be obstinate, and every step of the way the other side has
to pull teeth to get things done, for example, your case, and
then Ms. Salinger -THE RESPONDENT:
6
7
What happens in
You're referring to me as being
obstinate?
THE COURT:
It could go either which way.
No, I'm referring to you as every step
of the way in your case you have, as Ms. Salinger has pointed
10
out, been somewhat difficult.
11
you know what, I don't think today I'm going to offer
12
Mr.
13
always offered me courtesies in return, and she doesn't do
14
that, I can understand that, but I'm not going to force her
15
to do it.
16
speak, and I can see what's going on in the case -- I've had
17
the case for some time now, since 2010, and I can see why her
18
position would be that way.
19
and so I'm not going to overrule her objection and ignore the
20
timelines.
So if she comes in and says,
a courtesy that I might offer someone else who has
And I can see what's going on in this case as we
'---------
21
I don't find it unreasonable,
Now, I can't cite you to a statute, or I can't cite
22
you to a case.
23
timelines.
24
and I will sustain her objection.
25
made by law, and it's properly sustained.
I can simply tell you the reason for the
And she doesn't consent to waiving the defect,
26
So can I get --
27
THE RESPONDENT:
28
THE COURT:
The objection is properly
It's not a matter of--
Can I get you to reply?
If you will
'---
~-------SACRAMENTO
'~
stay with my agenda, once again, can I get you to reply to
the request for $1992 for storage?
THE RESPONDENT:
Your Honor, my reply, I have
objections to the evidence under California Rules of Court
5.118, subsection (f).
Your Honor?
THE RESPONDENT:
10
THE COURT:
I apologize.
That's not fair.
You're right.
THE COURT:
Yeah, I agree.
It's not fair.
And all
the amendments that come out every single year.
16
17
Well, I would think it would be.
You would think I would have memorized
THE RESPONDENT:
14
15
That I would
the Family Code, the Civil Code, the Code of Civil Procedure?
12
13
Does that surprise you?
have to look up a rule.
11
You're looking it up there.
THE COURT:
You're not familiar with that rule,
And sir, what do you propose is the defect under

(f), 5.118(f)?
18
THE RESPONDENT:
The defect is the motion was not
19
filed -- just give me a second.
20
papers here.
21
California Rules of Court 2.108, subsection (4) requiring
22
line numbers in the left margin.
23
defect.
I have to go through my
The declaration does not comply with the
24
THE COURT:
25
THE RESPONDENT:
26
THE COURT:
Now, that is not a trivial
How so?
It also does not comply --
How so, Mr.
27
mind on that.
28
the objection once again?
Never mind.
Never
And can you point me to the timely filing of

Oh, that's right, we don't have
'~
~-------SACRAMENTO
one.
THE RESPONDENT:
2
3
That's been resolved.
Now we're
moving on to objections I have a right to protect here.

THE COURT:
That's right, we
okay.
sir.
having no valid reason why that shouldn't be.
Thank you,
I'm going to go ahead and order the 1992 reimbursement
Sir, you've had notice of this all along.
She's
been making a request.
I don't know why she would be stuck with the burden of paying
You simply haven't complied with it.
10
for all of that all along when you didn't address it
11
reasonably.
12
THE RESPONDENT:
13
THE COURT:
14
MS. SALINGER:
15
Let's go ahead and move on to 8D.

Then, Your Honor, can that be due
also on the 31st of this month?
16
17
I have addressed it.
THE COURT:
order.
Yes.
I'm just going to render an
It's collectible at any time.
18
MS. SALINGER:
19
THE COURT:
Okay.
Okay.
Thank you, Your Honor.
8D, and that is, sir, can you go
20
ahead and pick up your own automobile insurance at this
21
point?
22
THE RESPONDENT:
23
THE COURT:
24
You can't?
MS. SALINGER:
26
THE COURT:
28
Okay.
This is prejudgment
still?
25
27
No, I can't.
Yes, Your Honor.
And how much is that a month she's
paying?
MS. SALINGER:
It's approximately $100 a month for
~-------SACRAMENTO
both parties.
THE PETITIONER:
MS. SALINGER:
4
5
THE COURT:
'
I'm assuming she's going to be asking
for a credit in the end?

MS. SALINGER:
THE COURT:
10
So about $50 a month is Mr.
portion.
Mm-hmm.
Yes, Your Honor.
Okay.
And sir, is there a reason you
can't pay for your $50 a month for your auto insurance?
THE RESPONDENT:
Yes, Your Honor.
I just explained
11
to you that I have no funds whatsoever.
12
destitute, literally, as a result of Petitioner's conduct.
13
We had $20,000, $23,000 community funds, but she --and she's
14
the managing spouse, which she took control of before she
15
filed the petition for divorce.
16
mapped out ahead of time.
17
to coerce settlement, an inequitable settlement, deny me the
18
right to an attorney.
Under the facts of this case, I have a
19
right to an attorney.
Assets, community assets exist to
20
allow me to have an attorney.
21
MS. SALINGER:
I'm indigent.
I'm
It appears to have all been
They've used my indigency to try
Mr.
has been provided funds.
22
He also is electing not to work.
23
attempted to file an Income and Expense Declaration, which
24
shows expenses which are paid, so I'm assuming he has income
25
from some source.
26
27
28
THE RESPONDENT:
He also filed, well,
I have no income.
I live with my
father who is on social security.

THE COURT:
How long until this matter is set for
---------SACRAMENTO COUNTY OFFICIAL COURT REPORTERS-------19
1
2
trial?
MS. SALINGER:
I'll be filing an at issue
memorandum right after this, Your Honor.
cure the disclosure problem up.
THE COURT:
THE RESPONDENT:
Right.
And I had line-by-line evidentiary
objections under rule 5.118(f).
THE COURT:
I just needed to
Unfortunately, I did not get a timely
filing on that, so --
10
THE RESPONDENT:
11
this is an in-court rule.
12
evidentiary objections in family law cases, and I filed
13
written -- timely and written evidentiary objections before
14
the last hearing, which you didn't rule on then either.
15
THE COURT:
16
MS. SALINGER:
17
THE COURT:
18
MS. SALINGER:
19
THE COURT:
20
MS. SALINGER:
No, I'm-- Your Honor, this rule,

This rule permits in-court
Is there a combined insurance policy?

The auto insurance, Your Honor?
Uh-huh.
Yes.
A multi-discount rate right now?

Do you have other items on there or
21
just the vehicles?
22
insurance and the parties' vehicles on there, so I'm assuming
23
she's getting some small benefit for that, yes.
24
THE COURT:
Okay.
So Ms.
Okay.
has her homeowner's
On that request I'm going to go
25
ahead and deny the request without prejudice.
26
that at long cause and request reimbursement --
She can raise
27
MS. SALINGER:
Okay.
28
THE COURT:
Epstein claim or Watts, or Epstein
~-------SACRAMENTO
claim.
Sir, any objection to your taking the Toyota
2
3
4Runner?
THE RESPONDENT:
THE COURT:
MS. SALINGER:
THE COURT:
Yes.
It was her separate property, right?

Yes, Your Honor.
And she's giving you her separate
property.
THE RESPONDENT:
The descriptionS in her
10
declaration regarding the 4Runner are not true.
11
incorrect.
13
They're false.
THE COURT:
12
Does she want possession of the 4Runner
now?
14
MS. SALINGER:
15
THE PETITIONER:
16
MS. SALINGER:
17
They're
Do you want it back?

If he doesn't want it.
If he doesn't want it, she'll take
it back.
18
THE COURT:
Sir, why don't you just -- why don't
19
you then at this point, if you don't want -- she's giving you
20
a vehicle.
21
THE RESPONDENT:
22
THE COURT:
23
THE RESPONDENT:
24
THE COURT:
25
26
27
28
I didn't say I don't want it.
I don't get it.

I said
I just asked you if it's okay.
She's
offering to give you the 4Runner.

THE RESPONDENT:
She's offering to give me the
4Runner so she won't have to pay for the insurance.

THE COURT:
Well, she's probably not going to have
~--------SACRAMENTO
to pay for the insurance in two months anyway when you get to
trial.
THE RESPONDENT:
of the case, Your Honor, she's --
5
6
THE COURT:
I have looked at the history of the
case.
THE RESPONDENT:
THE COURT:
Well, if you look at the history
reading.
She's the managing spouse.
Sir, Mr.
I can tell.
, you have done a lot of
You must spend your days reading.
10
must spend your days completely absorbed in your case.
11
happens to some people.
12
you.
13
I understand it.
You
It
It is happening to
What I'm telling you is first of all, you have a
14
seven-year marriage.
You separated in 2010.
The parties'
15
duties and responsibilities to each other are going to come
16
to an end sooner rather than later.
17
that Ms.
18
insurance for you for any length of time at all.
It is highly unlikely
is going to be ordered to be carrying car
What she's doing right now, if the facts as stated
19
20
are true, she has a separate property interest in the Toyota.
21
It --meaning it's hers.
22
that is true, she is not just giving you one half of a
23
community interest in something, she's giving you something
24
you have no interest at all, and frankly, you have no right
25
to have possession of right now.
26
she's offering you title to the vehicle.
27
vehicle for free, or do you wish to give the vehicle back to
28
her?
It's not subject to division.
If
So what she's doing is

Do you want a
And you can go obtain your own vehicle, and that way
~-------SACRAMENTO
',
__
you won't have that string tied that you fear is tying you
down.
THE RESPONDENT:
THE COURT:
You keep looking at generosity as if
it's somehow nefarious.
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
9
10
11
12
13
14
15
16
17
18
Your Honor, your --
Your qualifier in that was --
I'm not here to -assuming these facts are true.
They are not true.

THE COURT:
Oh, you mean the Toyota 4Runner was not
hers before marriage?

THE RESPONDENT:
It was hers before marriage.
It
was -- it was -- became mine during marriage.

THE COURT:
How so?
You mean she transferred title
to your name?
THE RESPONDENT:
No.
We kept the title in her name
for a reason.
THE COURT:
So title and time, if you go look up
19
your sources that you keep citing me to, if you look those
20
up, you will find two ways generally to characterize
21
property, title and time.
22
her name, and time, acquired prior to marriage, you're going
23
to find it's hers.
24
25
26
27
28
THE RESPONDENT:
And if we use both title, it's in
There is -- I'm familiar with the
law, Your Honor.

THE COURT:
Okay.
So you're familiar then it's her
property, and she's offering it to you.

Mr.
Do you want it?
, I am trying to work through this with
,.........__,
~--------SACRAMENTO
you so that you see, but I don't see anything nefarious about
her offering you her separate property.
not?
vehicle, one of the thought processes in my mind is if he has
the vehicle, she's going to want to maintain --make sure
it's still insured because it's in her name, right?
Otherwise, she can have it back.
MS. SALINGER:
THE COURT:
9
10
to maintain insurance.
12
THE COURT:
15
Right, Your Honor.
going to send the vehicle back to her, and she doesn't have
THE RESPONDENT:
14
Sure.
Would that be forthwith?

If you want to surrender it now,
it doesn't matter to me.

THE RESPONDENT:
How would I get back to San Jose
where I live?
16
THE COURT:
17
dad, or a friend or something.
18
19
20
21
22
And if she has the
So if you don't want the vehicle, I'm
11
13
Do you want it or
Public transportation, or call your
THE RESPONDENT:
I don't know.
Under those coercive conditions, I
will take the 4Runner.

THE COURT:
anything, Mr.
I'm not trying to coerce you into

Do you wish to have the 4Runner?
And if -- by the way, if I do award -- give you the
23
4Runner now, in essence, a predisposition, I am going to ask
24
that you maintain the insurance on it.
25
THE RESPONDENT:
26
THE COURT:
Yeah.
As a condition of taking it, or -It's no longer going to be hers.
27
She's going to sign title over to you, and you insure your
28
own vehicle.
~-------SACRAMENTO
THE RESPONDENT:
1
'----
work?
THE COURT:
THE RESPONDENT:
Isn't that how it normally would
Is that okay with you then?

You don't have to order that,
right?
THE COURT:
Is that okay with you?
THE RESPONDENT:
Well, it's all based on defective
pleadings and declarations, so it's okay with me with that
qualifier.
10
THE COURT:
11
THE RESPONDENT:
12
THE COURT:
13
With what?
Okay.
So --
What you just said.
-- you take the Toyota, and then you
take the insurance on the Toyota.
14
THE RESPONDENT:
15
THE COURT:
Right.
Yeah, perfect.
All right.
So I'm
16
going to strike what I ordered before on the insurance, and
17
what we're going to do
18
19
MS. SALINGER:
issue for the prior months at long cause.
20
THE COURT:
21
MS. SALINGER:
22
THE COURT:
23
MS. SALINGER:
Yes, just make a claim at long cause.
Your Honor.
25
and be finished with it.
27
28
Yes.
So Mr.
24
26
We'll deal with the reimbursement
gets the Toyota.
And we have the title today,
So after the hearing, we'll fill everything out
THE COURT:
Sign it off and do your notice of
non-responsibility, and you're clear.

MS. SALINGER:
~-------SACRAMENTO
Yes.
THE COURT:
Okay.
Then finally, sir, would you
like to be heard on the issue of attorney's fees?
the appeal, the request for fees for the appeal of just shy
of 5,000, 4,957, costs for today's hearing of $3,302 and
5,000 in sanctions.
THE RESPONDENT:
THE COURT:
8
9
Yes, I have
Is that okay?
THE RESPONDENT:
I have evidentiary objections on
that too.
THE COURT:
10
11
I've got
Okay.
But how about the underlying --
the underlying request itself on the merits?
12
THE RESPONDENT:
13
with Rules of Court.
14
THE COURT:
15
THE RESPONDENT:
Okay.
Well, the pleading does not comply
And besides that?

Besides that it -- the declaration
16
-- the declaration of the appellate attorney misrepresents
17
the court of appeal proceedings.
18
that I'd like to enter, exhibits that I'd like to enter into
19
evidence from the actual court of appeal pleading.
20
21
22
THE COURT:
And I have evidence here
Would you mind summarizing that for me
briefly?
THE RESPONDENT:
I -- you're catching me off-guard,
23
Your Honor.
I was prepared to, you know, make formal
24
objections and present evidence the way it's done in civil
25
court, which is my right, and it's apparent that that's not
26
going to happen.
27
THE COURT:
28
THE RESPONDENT:
~--------SACRAMENTO
Anything else on that issue, sir?

And I'd like to request a long
cause hearing too for that issue.
Obviously it's very
substantial.
misrepresent the court of appeal record and the court of
appeal proceedings. And I have formal evidentiary objections
to both declarations as I stated earlier, and I would like to
present live testimony as I stated earlier.
contain false, immaterial and irrelevant material as defined
by the Code of Civil Procedure.
pleadings, which is what occurred at the last hearing as
It's a lot of money.
Both declarations
The declarations
You are not familiar with my
10
well.
11
offered you an -- I brought an extra set of pleadings for you
12
just in case.
13
14
THE COURT:
And sir, on the request for live
THE RESPONDENT:
I wish to call Petitioner, the
authors of the two declarations.
17
THE COURT:
18
the other author is.
19
20
testimony, again, who did you wish to call?
15
16
For whatever reason you didn't get them on time.
Well, ma'am
THE RESPONDENT:
sir, I don't know who
That would be Elizabeth Niemi, the
appellate attorney.
21
THE COURT:
Okay.
And again, did you make a
22
request prior to the hearing and file and serve a witness
23
list?
24
THE RESPONDENT:
Where -- what is the reference for
25
that, Your Honor, because I didn't -- I'm not familiar with
26
that.
27
THE COURT:
28
THE RESPONDENT:
~-------SACRAMENTO
217(c).
What is it?
THE COURT:
If you wish to call Ms.
she's your witness.
3
4
217(c).
Ms.
, if you'd come on up to the witness
stand?
THE RESPONDENT:
Now, this would be on the --
THE COURT:
Ma'am, if you'd raise your right hand, I'll swear
I don't know.
you in.
give in the cause now pending shall be the truth, so help
10
Do you solemnly swear the testimony you're about to
you, God?
11
THE WITNESS:
12
THE COURT:
13
14
seat.
I do.
Thank you.
State your full name and spell it for us.

THE WITNESS:
15
16
THE COURT:
17
THE WITNESS:
18
THE COURT:
19
THE RESPONDENT:
20
21
22
You're welcome to have a
short recess.
.
Thank you.
Good morning again to you.
Good morning.
Mr.
, your witness on direct exam.

Your Honor, I'd like to request a
You are catching me off-guard here.
THE COURT:
I thought you wanted to put on live
testimony this morning.
23
THE RESPONDENT:
24
THE COURT:
25
THE RESPONDENT:
I did.
Your witness is on the stand.

As you may have noticed, I already
26
started packing up my stuff --
27
THE COURT:
28
THE RESPONDENT:
~--------SACRAMENTO
I didn't.
-- based on your prior denial of
that request.
THE COURT:
I did not notice that.
No, I only
asked you if you had a list because you were calling other
than parties.
non-parties, but for a party -- I mean
You don't need an advance notice for
THE RESPONDENT:
THE COURT:
Yeah, no.
you need to notify of non-parties.
But for a party, you can call, and I have your witness on the
stand.
Your request to continue is denied.
10
11
THE RESPONDENT:
THE COURT:
disorganized.
14
15
I can see, sir, that you are completely
I'm not --
THE RESPONDENT:
THE COURT:
you are not ready to question a witness, that all of this

is just simply posturing.
19
THE RESPONDENT:
Well, if you read my -- if you
had --
21
THE COURT:
22
filed?
23
filed and served.
24
witness.
The declarations that are untimely
I have not read them and won't.

Your witness, sir.
25
TESTIMONY OF
26
27
28
I have
It appears to me you are not ready to
18
20
How am I disorganized?
everything neatly organized in envelopes.
16
17
Let me find what I need to
find here.
12
13
Okay.
Your witness.
They're untimely
You may question your
having been called as a witness by the Respondent; and

having been duly sworn, was examined and testified as
-~--------SACRAMENTO
follows:
DIRECT EXAMINATION
BY THE RESPONDENT:
Q.
Okay.
Let's see, where is her declaration at?
go.
Okay.
On your declaration -- state your name.
THE COURT:
THE RESPONDENT:
BY THE RESPONDENT:
Q.
Okay.
Here we
She has.
Okay.
On your declaration, page 1, let's see, it would
10
be under, A, discovery, there's no -- there's no paragraph
11
numbers on this declaration, and there's no line numbers in
12
the left margin.

THE COURT:
13
Sir, did you have a question for the
14
witness?
15
BY THE RESPONDENT:
16
Q.
17
On August 3rd, 2010, a demand for production of documents was
18
served on Respondent.
19
Under A, under discovery, the first paragraph, it says:
Respondent failed to respond.
Is that -- is that true?
20
A.
I believe that's true.
21
Q.
Did you not -- did your attorney provide you with copies
22
of my response?
23
MS. SALINGER:
Objection, Your Honor.
24
irrelevant to the issue we're addressing.
25
attorney's fees.
26
This is
We're addressing
You've already ruled on these items.
THE COURT:
Overruled.
First of all, the call of
27
the question was really whether or not that's what it says in
28
the declaration.
Is that what it says in the declaration to
~-------SACRAMENTO
your knowledge?
Sir, did you have a courtesy copy for your witness?
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
THE COURT:
THE COURT:
Yeah, I brought --
multiple copies of everything,
Your Honor, for that very purpose.
12
THE COURT:
13
THE RESPONDENT:
14
THE COURT:
17
And where are they?

I have multiple copies of --
Yes, but I need one, and so the does
the witness.
THE RESPONDENT:
-- all of the court of appeal
pleadings.
18
THE COURT:
Did you have a copy of the document
19
you're referring the witness to?
20
the Court, counsel and the witness?
21
THE RESPONDENT:
22
The
Are you prepared to do this?
THE RESPONDENT:
16
And do you have a copy for
Yes, I do.
Here we are.
Here's --
23
MS. SALINGER:
As I glance over his shoulder,
24
Your Honor, this is a completely different declaration.
25
is not the declaration that he is referring to.
26
like it's a declaration from a prior motion or response that
27
was filed.
28
'
The Court will need a copy.
THE RESPONDENT:
15
That is
counsel will need a copy, and the witness should have a copy.
10
.._____
And where is that, please?
11
Yes, I did.
THE COURT:
This
It looks
Is that true, Mr.
~--------SACRAMENTO
THE RESPONDENT:
1
2
THE COURT:
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
THE COURT:
19
20
__
Yes, I do, but apparently I can't
comply with the requirement that I provide her copies of -THE COURT:
Well, it's not necessarily a
requirement, it's courtesy.
17
18
My question to you is do you have any
THE RESPONDENT:
15
16
Well, I have other parts of the
other questions for your witness?
13
14
any other questions for your
declaration there.
11
12
Mr.
witness?
9
10
I don't have extra copies of the
declaration.
7
8
Any other questions for the witness,
sir?
5
6
Yeah, that's right.
That was another one I wanted to ask her about.
3
4
Let me look.
THE RESPONDENT:
Okay.
Then are you saying I can
proceed?
THE COURT:
Well, it appears to me that you are
completely unable or disorganized here.
21
THE RESPONDENT:
22
THE COURT:
23
THE RESPONDENT:
24
could get organized.
25
THE COURT:
Your Honor
Did you
I asked for a continuance so I
No, you asked to put on live testimony.
26
And 217 requires me to offer you that ability, and that's
27
what I'm doing.
28
that the 217 request was a complaint, and it was a posture,
But like I said before, it appears to me
',
~--------SACRAMENTO
and I'm calling you on it.
And I've got your witness on the
stand,, and you are fumbling through.
full of cases waiting to be heard, but you do have a right,
as you point out, under 217.
prepared under 217 to expeditiously or efficiently to
proceed.
I have a courtroom
Unfortunately, you are not
You did it just simply to posture.
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
No,
Okay.
10
THE COURT:
11
THE RESPONDENT:
12
THE COURT:
I didn't do it to posture.
Here's your witness.

If you had read my pleadings
Sir, next question.

Now you have me all flustered.
You have yourself flustered.
I'm
13
patiently waiting, so it's your witness.
14
BY THE RESPONDENT:
15
Q.
16
you copies of my response to the demand for production of
17
documents?
18
A.
Yes.
19
Q.
She did?
So moving on.
Now, did you -- did your attorney provide
20
MS. SALINGER:
21
THE COURT:
22
MS. SALINGER:
Objection; Your Honor.
Basis?
The basis is the form of the
23
question.
24
question about something that my client does not understand
25
the answer to.
26
27
28
My client has no -- Mr.
THE COURT:
is forming the
You can -- overruled.
You can
redirect, or -MS. SALINGER:
~-------SACRAMENTO
THE COURT:
1
'
-- cross of your own client.
BY THE RESPONDENT:
Q.
to your demand for production of documents?
A.
I believe that is true.
Q.
Which had to do with I needed to have an attorney to
respond?
respond, so that would not be true.
A.
So your attorney did provide you copies of my response
Because in here you said Respondent failed to
I get copies of everything that is -- e-mails written
10
back and forth.
11
That's two years ago.
12
Q.
That's what that one was.

THE COURT:
13
14
I get copies of everything, so I don't know.
That was an e-mail, yeah.
Sir, as an offer of proof, what did you
put in that response?
15
THE RESPONDENT:
I put in that response that I
16
would respond when I had -- I needed the advice of counsel to
17
respond.
18
THE COURT:
So you're asking this witness whether
19
or not her attorney got a response to the demand for
20
production of documents, and that the response to the demand
21
to production of documents simply said I'm not responding
22
now, but I'll get an attorney and maybe I'll respond?
23
THE RESPONDENT:
24
THE COURT:
25
documents requested?
26
No, it said more than that.
What did it say?
THE RESPONDENT:
Did you produce the
At that point in time, Your Honor
27
,_
28
THE COURT:
~-------SACRAMENTO
Did you produce the documents

requested, yes or no?

THE RESPONDENT:
2
3
which under discovery statute constitute -THE COURT:
4
5
Did you ever produce the documents
requested?
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
THE COURT:
Did you ever produce the documents?

and good cause for not
Did you ever produce the documents
requested?
THE RESPONDENT:
12
13
extenuating circumstances --
producing the documents.
10
11
No, but I produced a response,
documents.
No, I didn't produce the
I never got an attorney.
14
THE COURT:
Next question.
15
THE RESPONDENT:
16
THE COURT:
17
And Ms. Salinger, when we get to the end, go ahead
They never let me get an attorney.
~-
18
Next question.
Let's move on.
and give me your updated attorney's fees request.
19
MS. SALINGER:
Okay, Your Honor.
20
BY THE RESPONDENT:
21
Q.
22
disclosure, the first paragraph:
23
declaration of disclosure was served on Respondent July 9th,
24
2010.
25
December 7th.
26
serve his preliminary declaration of disclosure.
27
failed to respond.
28
Okay.
Moving on to Item B on page 2, declaration of

Petitioner's preliminary
Petitioner's final declaration was served on

Petitioner requested Respondent prepare and
Respondent
Now, is it true that you have -- that Respondent,

~--------SACRAMENTO
~-
I, have made multiple requests for the household financial
records, which you control and which you -- is that true?
3
4
MS. SALINGER:
Objection, Your Honor; compound
question.
THE COURT:
BY THE RESPONDENT:
Q.
records?
A.
Sustained.
Have I made requests to you for the household financial
I don't know what you're referring to as household
10
financial records.
11
Q.
12
2010.
13
A.
Those were my records with my name on them only.
14
Q.
What made those your records?
15
A.
They're in my name only.
16
Q.
Those records, did they include the mortgage information
17
for the house?
18
A.
That's correct.
19
Q.
Did they include bank account information?
20
A.
That's correct, under my name only.
21
Q.
Were there community funds in those bank accounts?
22
A.
I don't know.
The records that you removed from the residence in May
They were my earned
23
MS. SALINGER:
24
THE WITNESS:
25
MS. SALINGER:
Your Honor
-- things.
-- it appears this line of
26
questioning is more appropriate for the actual trial on the
27
merits, and I'm certainly willing to set that matter for a
28
settlement conference and trial as we discussed.

~--------SACRAMENTO
THE COURT:
1
2
217.
Well, unfortunately we're stuck with
As improvident as it is, we're stuck with it, and

has his opportunity.
What I may do is pass.
I've got
a whole courtroom, or half a courtroom full of people with
their cases waiting to go.
6
7
Mr.
10
can I ask you, by offer of proof, did
you ever provide any disclosures?
8
9
THE RESPONDENT:
I could not provide disclosures
until I got the household financial records controlled by

Respondent.
11
I made multiple requests.
THE COURT:
You couldn't even provide a preliminary
12
with an estimate even though I ordered you to do that in
13
October of 2010?
14
THE RESPONDENT:
15
THE COURT:
16
THE RESPONDENT:
17
THE COURT:
18
THE RESPONDENT:
19
The preliminary with an estimate?
Yes, your preliminary disclosures.

Your Honor
Did you provide a preliminary

the statute on preliminary
disclosures --
20
THE COURT:
21
want an answer, not a lecture.
22
of disclosure, preliminary?
Mr.
23
THE RESPONDENT:
24
THE COURT:
25
BY THE RESPONDENT:
26
Q.
27
28
Mr.
when I ask a question, I

Did you provide a declaration
I could not provide it.
Okay.
Let's move on.
Next question.
So the -THE COURT:
don't buy it.
You could not provide a preliminary?
Next question.
-.~
~--------SACRAMENTO
THE RESPONDENT:
final?
THE COURT:
THE RESPONDENT:
Yes.
A preliminary has on it, it talks
about --
THE COURT:
THE RESPONDENT:
The preliminary as opposed to a
I'm aware of what a preliminary has.

Well, it has household mortgage
information.
THE COURT:
Next question.
10
THE RESPONDENT:
11
THE COURT:
12
THE RESPONDENT:
It has banking information.
Mr.
next question.
Okay.
So we've confirmed that she
13
has the banking records.
We've confirmed that she has the
14
household mortgage records.
15
BY THE RESPONDENT:
16
Q.
17
mortgage over the course of the marriage?
Now, were community funds used to pay the household
18
THE COURT:
Mr.
19
line of questioning.
20
disclosures.
21
saying you don't have sufficient information to answer.
22
ahead.
See, you haven't provided any
That was the basis.
23
THE RESPONDENT:
24
THE COURT:
25
THE RESPONDENT:
26
let's move on to the next
Not even a preliminary

Go
Well, I provided --
Next line of questioning.

I have multiple written
communications with Ms. Salinger.
27
THE COURT:
28
questioning, please.
~--------SACRAMENTO
Mr.
Mr.
, next line of
THE RESPONDENT:
Okay.
BY THE RESPONDENT:
Q.
stipulate to a vocational evaluation.
Petitioner -- under C:
Petitioner requested Respondent

Respondent refused.
Now, did you receive copies from your attorney of
my response to the vocational evaluation request.
A.
responding to it.
Q.
I don't think you responded to it.
I don't remember you
Did you not get a response, that e-mail, copies of
10
e-mails or letters between your attorney and I where I cited
11
that I required advice of an attorney?
12
13
MS. SALINGER:
Objection, Your Honor, it's been
asked and answered.
14
THE COURT:
15
it's somewhat vague.
16
is.
17
relevant to today's proceeding?
I'm not sure what the relevance of this
What is this, attorney's fees?
18
19
As it relates to this, overruled, but
THE RESPONDENT:
How come this is
This is relevant to credibility
for one thing.
20
THE COURT:
All right.
Next question.
21
BY THE RESPONDENT:
22
Q.
23
receive copies of e-mails or letters --
Okay.
So just so we have that clear, you did not
24
THE COURT:
25
ATTORNEY 1:
26
THE COURT:
No, I said next question.
I thought you were saying what you
27
thought you had clear.
28
THE WITNESS:
~--------SACRAMENTO
I was saying the next question.
I have copies of everything.
BY THE RESPONDENT:
Q.
between your attorney and I regarding vocational evaluation?
A.
that was almost a year and a half ago.
verbatim what was said, but I received copies of everything.
Q.
Do you recall if any of those include communications
There were so many e-mails that went back and forth, and
Okay.
Moving on.
THE COURT:
questioning in that.
10
I can't remember
Item H, page 3.
I don't see the relevance of
You guys have agreed to the property.
THE RESPONDENT:
The relevance of this is this is
11
the most relevant of all because it is patently, demonstrably
12
false statement, which goes to credibility.
13
THE COURT:
But you guys came to an agreement.
14
I've got an agreement on the record of what we're going to do
15
with your personal property.
16
THE RESPONDENT:
17
THE COURT:
Yeah.
The agreement made today?

You're taking your personal
18
property.
19
you don't, if you don't recover your personal property, she
20
may take possession of it and dispose of it.
21
had an agreement on that.
22
on the 4Runner and the automobile insurance.
23
4Runner, and you're picking up the insurance.
24
anything else you wanted to question your witness on that
25
remains in dispute?
26
27
28
You're going to have it out by May 31st.
THE RESPONDENT:
And if
I thought we
Same thing, we have an agreement

You get the
Was there
This is to the credibility of this
-- of this declaration.
THE COURT:
~--------SACRAMENTO
I don't need anything.
You guys have
an agreement.
guys have agreed to it.
incredible, you've agreed to it.
question the witness on?
5
6
I don't need anything on these issues.
THE RESPONDENT:
You
Whether you're credible or

Anything else you wish to
These go to my evidentiary
objections as well.
THE COURT:
Mr.
follow my lead.
Is there
anything else you wish to question your witness on unrelated
to these?
10
11
THE RESPONDENT:
THE COURT:
13
THE RESPONDENT:
THE COURT:
Well, that was under coercive
All right.
If no other questions, no
cross-exam I'm assuming?
17
18
Which I've resolved with an agreement.
conditions as I stated earlier.
15
16
There was a personal
property issue.
12
14
Okay.
THE RESPONDENT:
I didn't say that, Your Honor.
I'm sorry.
19
THE COURT:
Oh.
20
BY THE RESPONDENT:
21
Q.
22
petition in this matter, Respondent has worked and succeeded
23
to delay a resolution.
Okay.
On page 4, Item K says:
24
What is that based on?
25
MS. SALINGER:
26
Can you elaborate on that?
That question is vague.
Objection,
Your Honor; vague.
27
28
The filing of the
THE COURT:
Sustained.
Ill
~--------SACRAMENTO
BY THE RESPONDENT:
Q.
Okay, one, two, three, four, fifth paragraph down on page 4,
you say:
Okay.
Now, let's see, I can't -- it's hard to say.
Respondent has an
5
6
Now, in your previous declaration from October
10
11
THE COURT:
today's hearing?
12
13
What is the relevance of this for
THE RESPONDENT:
I'd like to admit these into
evidence.
14
THE COURT:
Offer of proof as to the relevance of
15
this for today's hearing.
16
THE RESPONDENT:
Well, one, it's credibility.
Two,
17
my evidentiary objections include the objection that this
18
declaration contains false evidence, misconduct evidence,
19
which violates Family Code Section 2335, if I'm not mistaken.
20
THE COURT:
Okay.
21
THE RESPONDENT:
22
THE COURT:
The Court -And that reflects
The Court will 352 this.
I find the
23
probative value of any of this is far outweighed by the undue
24
consumption of time.
25
questioning.
26
27
28
Court will strike the line of
THE RESPONDENT:
Probative value of what I'm
saying?
THE COURT:
~-------SACRAMENTO
Anything else for the witness?

All right.
MS. SALINGER:
THE COURT:
All right.
call Mr.
thank you.
You
to testify?
MS. SALINGER:
THE COURT:
10
Ms.
And Ms. Salinger, I'm assuming you did not want to
No, Your Honor.
may have a seat back at counsel table.
5
6
If no other questions, no cross-exam?
No, Your Honor.
All right.
Okay.
Once again, the
Court will, for today's hearing, I'm granting requests 8A and

88.
11
Sir, you can pick up your property.
12
agreement, get your property out of the storage by 5-31.
13
it's at not obtained, she can take possession of it and
14
dispose of it per your agreement.
15
You get the Toyota 4Runner, the '92 4Runner.
16
ahead and pick up your own insurance on it.
17
obliged to maintain the insurance for it.
18
19
20
Per your
If
Go
She's no longer
Her request for $1,992 for storage fee is granted.

He can pay that forthwith.
And on the attorney's fees, the Court is ordering
21
the reimbursement from Respondent to Petition $4,957 for the
22
appellate fees and costs, $3,302.50 for today's.
23
271 sanction.
24
filed, and it is for Mr.
25
on a further sanction for misconduct, total of $10,759.
That is a
This motion should not have had to have been

lack of cooperation.
$2,500
26
That will be paid back at the rate of $25 per month
27
for now without prejudice to further adjustment if it's found
28
he has a greater ability to do so.

~-------SACRAMENTO
That is on account
commencing 6-1-2012, all due if ten days late, due on the 5th
of each month.
month, it is all due and payable, and she can collect it via
whatever method on this.
because it -- I'm not at this point certain as to his ability
to pay a higher amount.
7
8
If a payment is not made by the 5th of the
And Ms. Salinger, if you wouldn't mind, please,

preparing the order off your motion.
MS. SALINGER:
10
have Mr.
11
the title to the vehicle?

THE COURT:
13
THE RESPONDENT:
14
THE COURT:
And if you can
Sure.
Your Honor, if I may?
Would you mind waiting around so she
can transfer title of the vehicle to you today?
16
17
I will, Your Honor.
wait around so we can complete the transfer of
12
15
But I set it at a very low amount
THE RESPONDENT:
Certainly.
Your Honor, real
quick--
18
THE COURT:
Thank you both.
19
THE RESPONDENT:
I'd like to request a Statement
20
of Decision for this hearing, please.
21
time with incomplete orders, which is one of the problems I
22
had in the court of appeal that I found out.
23
THE COURT:
We had problems last
I'm not sure a Statement of Decision is
24
required for some of these.
My Statement of Decision for the
25
first two requests is I do find you have not provided a
26
declaration of disclosure as is required by 2100 et sec.
27
have been previously ordered to provide for that.
28
not.
You
You have
So I am preventing you from putting on any evidence at
~--------SACRAMENTO
trial.
That is a remedy that is offered.

And I am allowing her to waive your preliminary
2
'~-
disclosure and proceed to judgement without it.
for that is your failure to comply with 2100 after reasonable
requests over a year and a half ago and after the Court
actually ordered you in court to do it, and you have
continually failed by your own admission to do it.

The factual and legal basis for the storage, I
8
9
10
The basis
don't need one for that because you guys came to an agreement
on that.
11
I don't need a Statement of Decision on the Toyota
12
and the insurance because you guys came to an agreement on
13
that.
14
I do find that for the storage fee that because of
15
your lack of cooperation, she has had to maintain that in
16
that -- your stuff in a storage unit for some period of time
17
at a reasonable monthly amount and that you should reimburse
18
her.
19
she wouldn't have incurred all of those expenses.
20
essence, it was simply a breach of your fiduciary duty to
21
deal with her in good faith regarding all of that.
22
didn't do that.
23
But for the fact that you did not cooperate with her,
Really, in
You
And as far as the attorney's fees, the Court finds
24
a factual basis is pled that her appellate fees were $4,957
25
for the appeal I think you abandoned, or at least you didn't
26
comply with the appellate rules.
27
to hire Ms. Niemi to go through the process.
28
have to pay for your failed appellate effort.

~-------SACRAMENTO
It cost her that much money

She should not
The $3,302 given the nature and what we've gone
through today for this motion alone is appropriate as a 271
sanction because we're here based upon your failure to comply
and your breach of fiduciary duties along the way.
that the request of 5,000, whether it's 5,000 or 2,500,
either one I was comfortable with.
sanction in half.
to the actual costs she sustained.
shot over your bow that you cannot behave like this and not
10
I feel
I cut their additional
That is a penalty against you in addition

That is a penalty to be a
be sanctioned further.
11
The factual and legal basis for that is 271 is the
12
legal.
13
obstructionist in this entire matter.
14
obstructionist for this motion, and the factual basis is,
15
frankly, your misconduct.
16
The factual basis is you are simply being an
That should do, sir.
You have been an
I'm ordering you to prepare
17
the Statement of Decision.
18
Ms. Salinger for review.
19
required by the California Rule of Court.
20
that
21
surprised, but you should be able to look that up.
22
Rule of Court.
--
THE RESPONDENT:
24
THE COURT:
you both very much.
26
And please do that within the time

You should have
if you don't have it memorized, I'd be a little bit
23
25
You can provide it to
On the 271
It is a
--
And that will be it for today.
Thank
Thank you, counsel.
THE RESPONDENT:
On -- a question on the 271
27
sanctions, Your Honor, real quick, did you do the comparative
28
wealth?
Did you consider that?
~--------SACRAMENTO
THE COURT:
I'm finished.
No, I set it at $25 a
month due to your claim of poverty, which I don't know, but
you should be able to come up with a little bit less than a
dollar a day.
THE RESPONDENT:
I don't mean in terms of the
payment, I mean in terms of the initial ruling where you're
supposed to.
8
9
THE COURT:
Go ahead and prepare the Statement of
Decision for me, sir.
10
THE RESPONDENT:
11
THE COURT:
12
15
Go ahead and prepare the Statement of
Decision for me.
13
14
What's that?
THE RESPONDENT:
I need that for the Statement of
Decision.
THE COURT:
I told you the total attorney's fees is
~-
16
$10,759 for today.
17
month on account.
18
Statement of Decision.
19
20
Thank you.
Go ahead and include that in your

Thank you.
THE RESPONDENT:
But you're required to take into
account the income and assets of the party.
21
THE COURT:
22
THE RESPONDENT:
23
THE COURT:
24
THE RESPONDENT:
25
THE COURT:
26
And you can pay that at 25 a
I set it at 25 a month, sir.

Not on the payment.
That's less than a dollar a day.

Okay.
Thank you.
(Whereupon, proceedings concluded.)
27
28
~-------SACRAMENTO
'-_/
CERTIFICATE OF SHORTHAND REPORTER
---ooo---
I, Tara Murany, a Certified Shorthand Reporter of
the State of California, do hereby certify that I am a
disinterested person herein; that I reported the foregoing
hearing in shorthand writing to the best of my ability; that
I thereafter caused my shorthand writing to be transcribed
into typewriting.
I further certify that I am not of counsel or
10
attorney for any of the parties to said hearing, or in any
11
way interested in the outcome of said hearing.
12
13
IN WITNESS WHEREOF, I have hereunto set my hand

this 27th day of May, 2012.
14
15
'-._/__.
16
CAUSE:
The Marriage of
17
COURT:
Sacramento County Court
18
JUDGE:
Matthew J. Gary
19
DATE:
May 9, 2012
20
21
22
23
24
25
Tara Murany
CSR No. 12892
26
27
28
' '~-/
~--------SACRAMENTO
REPORTERS--------~

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Uploaded by

Copyright:

Available Formats

-"---'

THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SACRAMENTO

In re the Marriage of:

REPORTER'S TRANSCRIPT OF PROCEEDINGS

Held in the Superior Court, in and for the County of

Before the HONORABLE MATTHEW J. GARY, Judge

For the Petitioner:

WOODRUFF, O'HAIR, POSNER & SALINGER

For the Respondent:

Tara Murany, CSR No. 12892

COUNTY OFFICIAL COURT

Proceedings in the Marriage of

, came on regularly this day before the Honorable

MATTHEW J. GARY, Judge of the Superior Court of California,

for the County of Sacramento, Department 121, thereof.

represented by PAULA D. SALINGER, Attorney at Law.

The following proceedings were then had, to wit:

Your Honor, I do have a statement of

attorney's fees and costs.

You may, thank you.

And good morning to

Record will reflect both parties are

present, and counsel for

worked out at all on this?

Yes, Your Honor.

No, Your Honor.

COUNTY OFFICIAL COURT REPORTERS--------1

just handed you, Your Honor?

And did you receive that, sir?

Can we get on the record what she

Yes, I did, just five minutes ago.

And Ms. Salinger, I believe this

You may be heard.

Yes, Your Honor.

really nothing has changed since the filing of the motion.

Did you have an opportunity, Your Honor, to review the motion

and the points and authorities?

So the most important part of our

motion are the first two requests that we're making.

making a request to present Mr. -- prevent Mr.

presenting evidence that should have been presented in his

does the code provide that he is supposed to serve a

declaration of disclosure, and then in October of 2010 after

the filing of a Motion to Compel the Court ordered him to

provide his declaration of disclosure, it still has not been

and get the issues resolved, and get it to trial without

the first order that we're requesting.

Despite the fact that not only

We're simply unable to proceed on this matter,

presenting a declaration of disclosure.

And what ties into that is granting my client the

COUNTY OFFICIAL COURT REPORTERS--------2

deny the request to long cause without prejudice to hearing

what your side is right now on each of these requests.

Apparently a package did come in.

Apparently you sent this up to admin, or you sent --

actually, you sent it simply to the court, which unless you

send it in with a -- with a runner or you bring it in or

something, it's simply delivered to general mail upstairs.

Did this go to general mail upstairs?

There's a whole package of unfiled documents.

I followed the instructions for

filing by mail, Your Honor

So -on the website, the court

these apparently came in.