UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA --HONORABLE ANDREW J.

GUILFORD, JUDGE PRESIDING; COURTROOM 10D

REPORTER'S DAILY TRANSCRIPT OF PRETRIAL PROCEEDINGS SANTA ANA, CALIFORNIA MONDAY, SEPTEMBER 12, 2011

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) ) ) ) ) Plaintiff(s), ) ) ) ) No. SACV 11-0485-AG(AJWx) vs. ) ) ) ) ORLY TAITZ, ET AL, ) ) ) ) Defendant(s). ) ) ___________________________________)

LISA LIBERI, ET AL,

DENISE PADDOCK CSR 10199, CMRS, RMR, CRR transcripts@ocrecord.com U.S. DISTRICT COURT REPORTER

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CERTIFIED TRANSCRIPT

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091211 DCCD GUILFORD 10D TAITZ SACV 11-0485-AG(AJWx)

IN BEHALF OF THE PLAINTIFF:

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IN BEHALF OF THE DEFENDANT:

Daryl M Crone Crone Hawxhurst LLP 10880 Wilshire Boulevard Suite 1150 Los Angeles, CA 90024 310-893-5150 Fax: 310-893-5195 Email: daryl@cronehawxhurst.com

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Philip J Berg Law Offices of Philip J Berg 555 Andorra Glen Court Suite 12 Lafayette Hill, PA 19444-2531 610-825-3134 Fax: 610-834-7659 Email: philjberg@gmail.com PRO HAC VICE

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SANTA ANA, CALIFORNIA; MONDAY, SEPTEMBER 12, 2011 THE CLERK: Item 13, SACV 11-0485-AG(AJWx):

Lisa Liberi, et al v Orly Taitz, et al. MR. BERG: Good morning.

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Philip Berg for the plaintiff. MR. CRONE: Good morning, Your Honor.

Daryl Crone on behalf of defendant Oracle Corporation. THE COURT: All right.

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Mr. Berg, have you had a chance to see the

THE COURT:

Well you face the burden you've seen

previous counsel face, so what have you to say? MR. BERG:

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THE COURT:

request certain clarification and correction of a couple

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findings and ruling. THE COURT: MR. BERG: All right. What clarifications?

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things, we would be willing then to submit to Your Honor's

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MR. BERG:

Paragraph 3, the court states Defendant Orly Taitz who had a long and convoluted history with plaintiffs. Your Honor, to

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set the record straight, Plaintiff Lisa Ostella did work with

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Well, Good morning, Your Honor. Good morning.

I have read Your Honor's tentative and I

First off, Your Honor, on Page 2,

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MR. BERG:

Yes, Your Honor.

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We've issued a tentative.

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Orly Taitz for a few short months. However, Plaintiff Lisa Liberi and myself never worked together with Orly or had any dealings with Defendant Orly Taitz. As a matter of fact, Ms. Liberi met Orly Taitz only one time in federal court in Philadelphia, December the 20th of 2010.

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Orly Taitz made the threat to get rid of me and to do so she was going to destroy my very able paralegal Lisa Liberi and get rid of her.

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Defendant Taitz carried out her threats and

Ms. Liberi emotional damage and stress. THE COURT: Next. Understood.

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MR. BERG:

Plaintiffs failed to address Oracle's motion to dismiss as to

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Professional Code Section 17200, et cetera. This is not accurate. Plaintiffs addressed -THE COURT: MR. BERG: THE COURT: All right. You're looking at --

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cause of action No. 18 for violation of Business and

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On Page 10 the court in its tentative ruling stated

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Yes, Your Honor.

Page 10 of your tentative. And Section 10?

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destroyed Plaintiff Lisa Liberi and her family and caused

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MR. BERG: THE COURT: MR. BERG:

Page 10, Your Honor. And Section 10 as well? Let me take a look.

(Pause in the proceedings.) MR. BERG: THE COURT: Yes, Your Honor. All right. And so you're -- go ahead

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with your argument, then. MR. BERG:

Just that it's not accurate, Your Honor.

Plaintiffs address that cause of action 18 in our opposition to Oracle's motion to dismiss, at

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Docket No. 353-2, Page 20, Paragraph 54 to 60.

(Pause in the proceedings.) THE COURT: MR. BERG: All right.

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Next, Your Honor, on Page 11 in the first paragraph

Defendant Yosef Taitz gave this information to his wife,

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This is incorrect, Your Honor. Orly Taitz had her followers, readers and

supporters, threatening, harassing and filing false reports against plaintiffs. THE COURT: Hold on.

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encouraging Defendants' neighbors to threaten Plaintiffs.

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you state (reading) finally, Plaintiffs claim that

Before we get into all of that --

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Thank you, Your Honor.

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THE COURT:

Just a moment.

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Go ahead.

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MR. BERG: THE COURT:

Right. -- you deny -- you're telling me you

deny that you claim that Taitz gave this information to his wife? Do you deny that? MR. BERG: THE COURT: No, no. Okay.

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Do you deny that that enabled

her to carry out threats against plaintiffs? MR. BERG: THE COURT: No, there's some --

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I'm just trying to figure out what

you're contesting here. MR. BERG:

thereby causing Defendants severe emotional distress. should be plaintiffs. THE COURT: moment.

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What I'm contesting here, you mentioned It

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Hold on.

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It should be plaintiffs' severe emotional distress? MR. BERG: Yes, Your Honor. Okay. I think there's another one.

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THE COURT: MR. BERG:

(Pause in the proceedings.) MR. BERG: And the earlier where you say (reading)

encouraging defendants -THE COURT: MR. BERG: Wait, what page? Same page, same paragraph,

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Just a moment.

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Just a

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a little earlier. THE COURT: MR. BERG: Okay. (Reading) Plaintiffs claim Defendant --

to his wife -- encouraging Defendants' neighbors to threaten Plaintiffs. Actually, Orly Taitz had her followers, readers

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and supporters threatening, harassing, filing false reports against plaintiffs. people. THE COURT: I'm not understanding.

In other words, not her neighbors, other

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I don't understand what you just said. MR. BERG: THE COURT: think is wrong. MR. BERG: Okay.

The fact you state is you say (reading)

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encouraging Taitz -- Taitz encouraged Defendants' neighbors to threaten Plaintiffs, and Orly Taitz instead of Defendants'

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neighbors, she encouraged followers, readers and supporters. THE COURT: All right. So you're saying that

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did not encourage her neighbors? MR. BERG: Correct.

encouraged her followers, readers and supporters. THE COURT: All right. Have you reread the First

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Amended Complaint at 408 through 411 and you're telling me

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Defendant -- that Plaintiff -- I'm sorry -- saying that Taitz

Instead she encouraged not her neighbors, she

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Tell me the fact I state and what you

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it's not going to talk about neighbors? I'm going to look at it and if it talks about neighbors I'm going to be a little upset that we went through this trouble. By the way, notice I just said Paragraphs 408 through 411. Emphasize.

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Four hundred paragraphs.

And you're telling me if I read those paragraphs it's not going to talk about Defendants' neighbors threatening Plaintiff?

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Because I'm going to look at it now.

I will take this under submission and look at it and you'd

MR. BERG: THE COURT:

I believe I am, Your Honor. All right. I'm going to look at

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Paragraphs 408 through 411 and see if it references neighbors.

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All right. MR. BERG:

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(Pause in the proceedings.) MR. BERG: As a matter of fact that's where I was

going to direct you to go to, from 408, to 411. In part, in 408 it actually states (reading) Orly Taitz then began inciting violence against plaintiffs Liberi and Ostella -THE COURT: Hold on just a moment.

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Anything else? Just a moment.

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better be correct on it.

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Ms. Taitz, I'm sure you disagree with everything that Mr. Berg says and you don't need to be shaking your head while he's talking. MR. BERG: THE COURT: my job here. Go ahead. MR. BERG: Yes, Your Honor. Thank you, Your Honor. You don't need to thank me. I'm doing

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Just repeating what I said, Orly Taitz in Paragraph 408, Orly Taitz then began inciting violence against plaintiffs Liberi and Ostella calling for people who

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But you are correct, Your Honor, these are Paragraphs 408 to 411.

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With the above clarification, Your Honor, and corrections, Plaintiffs submit to this court's tentative.

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THE COURT: MR. CRONE:

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All right.

Just briefly, Your Honor.

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that counsel mentions affect the tentative ruling. The one thing I would like to address is counsel's

statement regarding Section 10 of the court's tentative order, which is on Page 10. The issue was not that Plaintiffs failed to respond to the arguments with respect to the unfair competition claim

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I don't think any of the factual clarifications

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she believed resided near the plaintiffs.

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Anything from the defense?

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at all, but the issue was instead whether or not Plaintiffs have identified anything that was supposedly fraudulent or unfair about Oracle's claimed conduct, whether or not they have standing and whether or not there is a -- a remedy that they can claim against Oracle. The only other question I have for the court is

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whether or not the court intends to enter a separate judgment in favor of Oracle. And the reason why I ask that, I

recognize that there are a significant number of parties in this litigation.

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It -- the reason why I bring that up is just given

my client, although I have not -- although I have not discussed the issue with my client yet, my client may wish to seek its costs and attorneys' fees in connection with this matter.

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Thank you.

THE COURT:

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All right.

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issue of judgment. with you.

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judgment, you're right, the tentative does not address the It's something that I wanted to discuss

If you were here just one matter ago, there was an issue of all defendants submitting one judgment or multiple judgments. The issue of the one-judgment rule is an

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the complexity of it it may warrant a separate judgment and

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Well, on the issue of

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interesting procedural issue.

In state court here in

California there is something called the one-judgment rule. It comes rather ambiguously from a CCP section that cites variations when there needs to be more than one judgment and by implication thereby creating a one-judgment rule.

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The one-judgment rule in federal court is even less clear, but I will take into account your statement that there should be a judgment. Go ahead. MR. CRONE:

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Your Honor, as I recall, I recall

Rule 54(d) -- and I may have that wrong -- but it states that the court is entitled to enter a separate judgment if there is either good cause or the circumstances warrant it. THE COURT: All right. I'll keep that in mind.

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MR. CRONE:

THE COURT:

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you -- and this is directed both to you, Mr. Berg, and to the other parties -- are the parties aware of rules governing publicity and statements publically and to the press on pending cases? Are you aware of those rules? There are ethical rules about how much -- and this

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Mr. Berg and to the other parties in this case, I'll just ask

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Thank you, Your Honor. Now, one other thing, I'd say to

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briefing this some time ago, but as I recall I think it's

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is directed both at you, Mr. Berg, and at the opposition, who I think at least some of which is in the courtroom, are you aware of the ethical rules -MR. BERG: THE COURT: comment on a case? You're aware of that? MR. BERG: Yes. -- on when a party may publically

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Yes, I am, and that's why I have not

made any comments at all on this case. THE COURT: All right.

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aware of those ethical rules.

I'm well aware of the First Amendment considerations. In fact, I've been -- I was an attorney on some

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cases with a lot of public exposure and I'm well aware of those rules.

is that jury pools not be affected by statements counsel

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the public.

aware of the ethical rules constraining people's comments about pending litigation. And with that I am going to take the tentative under submission briefly to review the points that

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makes outside the presence -- well, outside the courtroom to

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What concerns me most as a judge, I think, on this

So I'll just urge all parties in this case to be

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There are First Amendment considerations on those

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So I want all parties to be

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Mr. Berg has made. MR. BERG: THE COURT: MR. BERG: Your Honor, one last thing? Yes. Your Honor, does the court -- I've just

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broke my glasses -- does the court allow telephonic appearances to certain motion hearings, especially if we're in agreement -THE COURT: Hold on. Hold on.

Hold on.

You've sat here this morning. MR. BERG: THE COURT: MR. BERG: THE COURT: Yes.

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You've seen telephonic appearances.

You hear how your voice comes from the

roof above and doesn't sound that good. MR. BERG:

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THE COURT:

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MR. BERG:

THE COURT: MR. BERG:

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Thank you, Your Honor. But I'm seeing the various doctors. Thank you very much. THE COURT: All right. Telephonic appearances are

permissible, particularly from folks on the east coast, particularly folks on the east coast facing health problems.

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I understand that. But you're coming from the east coast?

Yes, Your Honor. And by the way, how's your health? I'm still having problems.

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Yes.

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You're -- the -- the efficacy of your advocacy might be diminished if the connection isn't good. It would be good to assure a good connection and speak directly into the phone, but in the future if you wish to appear telephonically I will grant you the same rights I grant everyone in this court. MR. BERG:

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And is there a certain procedure where I

get in touch with your staff to -THE COURT: THE CLERK: MR. BERG: THE CLERK: Ms. Bredahl?

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You just e-mail. Okay.

and we'll call you from the courtroom. MR. BERG: THE COURT: Thank you.

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the electronics don't work, and if the electronics don't

90 percent -- but if they don't work sometimes we just need

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have you hooked up. MR. BERG: Thank you.

Your Honor, that's -- we would probably do that at that point.

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to resolve the issue without your presence. But if you try and get ahold of us we're likely to

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work -- we do our best here -- I'd say we bat about

And especially if we're agreeable to the tentative,

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But I'll say one other thing, sometimes

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And I will just require a phone number

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THE COURT:

Yes, sir.

Anything further? MR. CRONE: Thank you. THE COURT: MR. BERG: Thank you, Counsel. Thank you, Your Honor. No.

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May I be excused? THE COURT: MS. TAITZ: What's that? Orly Taitz.

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If I could just make one comment? THE COURT:

You need to talk into the microphone.

MS. TAITZ:

Orly Taitz, Defendant, and I'm here

since the case is on the docket, I have just one small procedural issue.

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The -- on behalf of Orly Taitz, Incorporated, my

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corrected an error.

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dental office.

The clerk of the court from the Ninth Circuit has

They made an error in two entries -THE COURT: Is this a matter -- does this have to

do with Oracle's motion? MS. TAITZ: THE COURT: No. Then it's not before me.

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You file a lot of papers.

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Would you state your name, please.

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And by the way, I think you filed some papers with some inaccuracy. On the issue of who are the parties in front of the Ninth Circuit, you need to look at your own papers and your own papers -MS. TAITZ: THE COURT: No.

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-- at times have led the court to

conclude what's on appeal and what's not.

And if you have any matters on that you'll have to file another motion or file another letter, but I urge you to look at your own papers before you accuse this court of

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All right. MS. TAITZ:

No, it wasn't my papers.

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getting the record wrong.

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by Mr. Cook on behalf of Orly Taitz. THE COURT: I consider papers filed by Mr. Cook on

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behalf of Orly Taitz to be your papers, ma'am. MS. TAITZ: I can check with him, but at any rate

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court to file 12(b)(6) on behalf of my dental office, Orly Taitz, Incorporated. And since this matter was -THE COURT: I'll have to look at that, because

frankly you have confused the record, and in confusing the record you've accused this court of making errors when it has

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it was corrected so there is a standing request for leave of

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only been following papers you have filed. So I don't appreciate getting letters where you're accusing this court of improperly denying you relief when it is your own papers which has set forth who are the parties on appeal. So be very careful about accusing this court of

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error when it's been the error maybe not of you but of your attorney which I consider to be your error. Understand? MS. TAITZ: Your Honor.

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I'm going to check with him,

will check with him, Your Honor. THE COURT:

All right.

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something for further clarification we will deal with it. MS. TAITZ: It it's a mistake, I apologize. I'm

Orly Taitz and if the court is ready to give a leave of court

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other parties already got such leave of court, it would serve judicial economy to file on behalf of both of these entities and have one motion hearing. It will be easier for Mr. Berg as well. THE COURT: All right. If you have filed papers

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indicating that a party is appealing, I may no longer have

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to file 12(b)(6) on behalf of the dental offices, all the

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just ready to file a 12(b) on behalf of the Law Offices of

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It does not -- I have not seen any error, but I

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If you want to file

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jurisdiction to consider anything from that party. Not because I'm picking on you, Ms. Taitz, it's because your own papers remove me of jurisdiction. So if you have those issues, present them in papers and we'll look at them. I'd be particularly interested if you can cite a Ninth Circuit ruling that has returned jurisdiction to me. I'll have to look at that. File the papers. MS. TAITZ: THE COURT: MR. BERG: THE COURT: Okay. Okay.

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All right.

(End of proceedings.)

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correct transcript of the stenographically recorded

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fee reduction and/or deposit, are in conformance with the regulations of the judicial conference of the United States.

/S/ Denise Paddock DENISE PADDOCK, CMRS, RMR, CRR, CSR 10199

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proceedings in the above matter. Fees charged for this transcript, less any circuit

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I hereby certify that the foregoing is a true and

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*** Certificate

Thank you, Your Honor.

Denise Paddock

Digitally signed by Denise Paddock DN: cn=Denise Paddock, o=Official Court Record, LLC, ou=RMR, RSA, CMRS, CRR, CSR 10199, email=transcripts@ocrecord.com, c=US Date: 2011.10.25 15:50:57 -07'00'

UNITED STATES DISTRICT COURT

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10/25/2011 DATE

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