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SUPERIOR

COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES DEPARTMENT NE"S"

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HON. JOSEPH

F. DE VANON,

JUDGE

EVELYN RAMIREZ, ET AL. , PLAINTIFF, VS.

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) NO. GC 042105
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TRANSCRIPT OF PROCEEDINGS JANUARY 26, 2010

JOSE CASTANEDA, DEFENDANT.

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12 13 14 15 16 17 18 FOR THE DEFENDANT: 19 IN PROPRIA PERSONA JOSE CASTANEDA 1377 RUTAN WAY PASADENA, CALIFORNIA

I APPEARANCES:
FOR THE PLAINTIFF: LISA MACCARLEY ATTORNEY AT LAW 3436 N. VERDUGO ROAD GLENDALE, CALIFORNIA 91208

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91104

SHARON BOYER CSR #4329 OFFICIAL REPORTER

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CASE NUMBER: CASE NAME:

GC 042105 EVELYN RAMIREZ VS. JOSE CASTANEDA

PASADENA CALIFORNIA DEPARTMENT NE usn REPORTER: TIME: APPEARANCES:

WEDNESDAY, JANUARY 26, 2010 HON. JOSEPH F. DE VANON, JUDGE SHARON P. BOYER, CSR #4329 A.M. SESSION

(AS HERETOFORE NOTED ON TITLE PAGE.)

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THE COURT: RAMIREZ VERSUS CASTANEDA. MS. LANE: GOOD MORNING, YOUR HONOR. JENNIFER LANE APPEARING ON BEHALF OF LOS ANGELES COUNTY SUPERVISOR MICHAEL ANTONOVICH. MS. MCCARLEY: GOOD MORNING, YOUR HONOR. LISA MCCARLEY APPEARING FOR PLAINTIFFS EVELYN CHRISTINA RAMIREZ, AND ALFONSO MANUEL CASTANEDA. THE COURT: GOOD MORNING. YOU ARE ON CALENDAR TODAY FOR A REQUEST BY L.A. COUNTY SUPERVISOR ANTONOVICH TO QUASH THE SUBPOENA. YOU SAW THE COURT'S TENTATIVE? THE CLERK: YOUR HONOR, THE PRO PER CHECKED IN. THE COURT: CASTANEDA.

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UNKNOWN SPEAKER: JOSE OR ALONZO? MS. MCCARLEY: THEY SAY HE JUST STEPPED OUT. THE COURT: ROSA, SEE IF HE IS OUT THERE. HAVE TOO MANY CASES TO WAIT FOR HIM TODAY. I

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(PAUSE.)

1 2 3 4 5 6 7 8 APPEARING.

JOSE CASTANEDA? MR. CASTANEDA: THE COURT: YES.

SHOW MR. JOSE CASTANEDA ALSO

THE MATTER IS ON TODAY'S DATE FOR A MOTION FOR AN ORDER TO QUASH A DEPOSITION SUBPOENA. PUBLISHED A TENTATIVE. DO YOU WANT TO BE HEARD, MR. CASTANEDA? THE COURT

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I I REQUEST

MR. CASTANEDA:

YES, YOUR HONOR.

IF I MAY

THE COURT THAT MRS. MCCARLEY BE PLACED UNDER OATH.

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I UNDERSTAND THE COURT: OATH, SIR.

HOSPITAL. THE COURT: HOSPITAL.

I DON'T HAVE ANY REASON TO PLACE HER I WOULD LIKE TO KNOW IF SHE

MR. CASTANEDA:

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REPRESENTED MY SISTER PRIOR TO AN INTERROGATION AT THE

PRIOR TO INTERROGATION AT THE

MR. CASTANEDA:

SHE SENT SOME AGENT TO THE SHE WAS

HOSPITAL WHEN MY MOTHER WAS IN THE HOSPITAL.

REPRESENTED BY MR. CHAD PRATT(PHONETIC) AND I HAVE BEEN

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I TRYING

TO SHARE EVERYTHING I HAVE WITH HER, AND I HAVE NOT

EVEN RECEIVED THE TIME OF DAY. THE COURT: WE ARE KIND OF MOVING INTO A WHOLE

DIFFERENT AREA THAN THE DEPOSITION SUBPOENA FOR SUPERVISOR ANTONOVICH. MR. CASTANEDA: THE COURT: TODAY. THAT'S ANOTHER ISSUE.

THAT'S THE ONE THAT'S BEFORE ME

SO, LET'S DEAL WITH THAT ONE.

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MR. CASTANEDA: THE COURT: SUPERVISOR TO APPEAR MR. DIFFERENT DIFFERENT SHOULD

OKAY. SHOULD I REQUIRE THE

WHY HAVE

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FOR A DEPOSITION? NO. NO. NO. THAT I S COMPLETEL Y TO BE FILED I MADE IN A IT

CASTANEDA:

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THING. CASE. BEEN

IT IS SUPPOSED

I MADE A MISTAKE. BE FILED

A MISTAKE.

HAVE

ON BC 04020. HANDLED THEN. WE CAN

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THE UP THAT MR.

COURT:

LET ME GET THAT

CASTANEDA:

THE MOTION MOTION

-THE DEPOSITION

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THE COURT: IS GRANTED. THE COURT: WOULD, COUNSEL. MS. LANE: MR. MAKING THAT YES.

TO QUASH

ASK YOU TO GIVE

NOTICE,

IF YOU

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CASTANEDA:

THANK

YOU.

AND

I APOLOGIZE

FOR

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MISTAKE. THANK YOU VERY ALL MUCH. IN FRONT OF ME

MS. LANE: THE COURT: TODAY, MR. CASTANEDA. MR.

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THAT'S

I HAVE

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CASTANEDA:

OKAY. TO BRING WITH LIKE ANOTHER

THE COURT:

IF YOU ARE GOING WE CAN DEAL YES. I WOULD 23RD

I MOTION

OR ANOTHER

REQUEST,

THAT. THE LAST TIME MISS ROSANNE

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I
I WAS HERE

MR. CASTANEDA: PRIOR

TO SEPTEMBER

I MET WITH

DEROSA (PHONETIC) .

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I WITH

HER AT THE AND APTER THAT MEETING WAS, TOLD ME WE ARE ROOM 104, I THINK IT SHE BECAUSE TO MEET

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TO MEDIATE THIS MATTER. AND AFTER THAT SHE -- I NEVER HEARD FROM BER AND MY UNDERSTANDING WAS THAT I DIDN'T NEED TO SHOW UP TO SEPTEMBER 23RD WHEN THE COURT TRIAL WAS SET.

I I GUESS, AND I MEDIATION.

I HAVE MET WITH THE PEOPLE FROM ADR, I THEY GAVE ME A MARCH -- I THINK MARCH 5TH FOR IF THEY ARE INTERESTED IN MEDIATION THE COURT: THERE IS A MARCH 5TH DATE RIGHT NOW

FOR MEDIATION? MR. CASTANEDA: RIGHT. I HAVE SAID THAT.

THE REASON I AM WAITING FOR THE COURT TO GRANT ME THIS THAT THERE IS AN INVESTMENT FOR A HUNDRED THOUSAND -- A HUNDRED AND THIRTEEN THOUSAND DOLLARS THAT I WISH TO USE THAT TO GIVE TO MY NEPHEW AND MY NIECE FOR THE VALUE OF THE HOUSE. THE COURT: LET ME GET SOME -YOUR HONOR, WE ARE ACTUALLY HERE

MS. MCCARLEY:

I TODAY

ALSO FOR A BENCH TRIAL ON OUR PETITION COMPLAINT.

WE ARE READY TO PROCEED. I WOULD ACTUALLY BE WILLING TO SUBMIT IT ON THE MOTION ON THE PLEADINGS, BUT IF THE COURT WANTS TO

I TAKE

TESTIMONY, MY CLIENTS ARE HERE TOO.

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I GET

TO YOU THE COURT: I CAN HAVE A NUMBER OF NOT GOING IN TODAY, BECAUSE I TELL YOU WE ARE MATTERS TO

LINE AHEAD OF YOU. I AM CONFUSED ON THIS REPRESENTATION

I REGARDING

A PENDING MEDIATION. MS. MCCARLEY:

CAN YOU ADDRESS THAT?

I UNDERSTAND THAT THE COURT ASKED

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PARTIES TO MEET DOWNSTAIRS. MY ASSOCIATE SPECIFICALLY WENT AT THE TIME

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I TIME

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I SHOWED UP. I KNOW, AT THIS I MR. CASTANEDA

SO THERE'S NOT BEEN A MEDIATION. POINT I DID SEND A LETTER ASKING

AND, YOU

TO AGREE TO THE SALE OF THE PROPERTY, AND

ALL I GET BACK WAS MORE OF THIS -- SOMETHING ABOUT A HUNDRED THOUSAND DOLLARS AND THE HOSPITAL AND -- WHICH HAS ABSOLUTELY NO RELEVANCE WHATSOEVER TO THE PARTITION. THE COURT: TRIAL? MS. LANE: VERY SIMPLE. VERY STRAIGHT FORWARD. WHAT IS YOUR PROJECTED LENGTH OF THE

THERE IS NO DISPUTE AS TO TITLE. THE CLERK: FOR FEBRUARY 11TH. THE COURT: THE CLERK: A WHAT? MOTION TO COMPEL, FEBRUARY 11TH. ON FEBRUARY 11TH THERE IS A MOTION THERE IS THIS A MOTION TO COMPEL SET

TH~ COURT: SET ON THIS CASE? MS. LANE:

YES.

I DID FILE A MOTION TO PRODUCE

SOME DOCUMENTS THAT I BELIEVE -- ALSO IF I MAY INFORM COURT. AND I HAVE MRS. CASTANEDA'S CHECKING ACCOUNT. FOR

SOME REASON OVER $70,000 WERE TAKEN FROM HER ACCOUNT PRIOR

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THE CHANGE OF THE TITLE.

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THE COURT: MR. CASTANEDA I DON'T HAVE ANY OF THIS EVIDENCE IN FRONT OF ME. MR. CASTANEDA: I KNOW. I AM SORRY/ YOUR HONOR. THE COURT: I CAN'T DO ANYTHING WITH IT/ BECAUSE I THINK I PRESENTED

IT DOESN'T MEAN ANYTHING TO ME RIGHT NOW.

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I I MOTION

MR. CASTANEDA: THERE IS A MOTION/ DRAFT THE THE COURT: IF OKAY. WITH THE DECLARATION SO I CAN READ IT AND SEE WHAT

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FOR FEBRUARY 11TH WE HAVE A MOTION TO COMPEL/ I AM

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INCLINED TO ROLL THE COURT TRIAL TO AM HEAD TO GO ABOUT A MS. MCCARLEY: ANY DATE I THAT DATE. HA FOR WHILE PETITION THAG WEEK. MS. MCCARLEY: ANY OTHER DATE. THAT'S THE DATE

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I AM LEAVING FOR MEXICO. THE COURT: HAVE YOU ALREADY FILED YOUR MOTION?

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I PARTE/ BUTMR. CASTANEDA: YES. AS REGULAR MEETING. YOU SAID TO FILE IT I BROUGHT IT FOR AN
EARLIER IS WHAT I AM SAYING. MR. CASTANEDA: WELL... THE COURT: DO YOU WANT IT LATER?

EX

THE COURT: WE CAN MOVE IT UP A LITTLE BIT

MR. CASTANEDA: YES/ BECAUSE I WOULD LIKE TO ADD-THE COURT: AS LONG AS I AM AGREEING, YOU DON'T NEED TO TALK ME INTO IT.

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14TH.

HOW LONG RIGHT. JUST THE WEEKEND 11TH TO MS. MCCARLEY: ARE YOU OUT THE WEEK? I'LL BE BACK ON THE 14TH. THE COURT: FIRST DATE AFTER THE 14TH, JERRY.

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THE 15TH IS A HOLIDAY. WE ARE BACK ON THE 18TH. THE CLERK: THE COURT: HOW ABOUT THE 18TH OF FEBRUARY? PERFECT. YOUR HONOR.

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MS. MCCARLEY: MR. CASTANEDA: THE COURT: THE 18TH? MR. CASTANEDA:

I HAVE KNOW IF IT'S GOOD DATE FOR

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NO.

I HAVE ANOTHER MATTER I AM

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HANDLING ALSO BY MYSELF. THE COURT: WHAT'S THE NEXT DATE THAT IS AVAILABLE AFTER THAT? THE CLERK: THE COURT: YOU BOTH AGREE ON? MR. CASTANEDA? MS. MCCARLEY: MR. CASTANEDA: THE COURT: EITHER ONE. 22ND FEBRUARY 22ND, 8:30, THIS THE 19TH OR THE 22ND. NINETEENTH OR 22ND? WHICH ONE DO

22ND.

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I DEPARTMENT.
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THAT WILL BE FOR THE MOTION TO COMPEL. THAT'S ALL I HAVE IN FRONT OF ME RIGHT NfWo YOU HAVE TO BRING SOMETHING IN FRONT OF ME, THEN WE'LL

TAKE A LOOK AT IT. MS. MCCARLEY: THE COURT: THAT'S ALSO A TRIAL DATE.

COURT TRIAL.

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MR. CASTANEDA: COURT TRIAL ON THE SAME DATE? THE COURT: YES. MR. CASTANEDA: I KNOW I SUBMITTED A LONG LIST

WITNESSES, BUT I CAN REDUCE IT TO TWO, THREE. THE COURT: WHY DON'T YOU FILE IT BY THE 22ND. I HAVE ANOTHER QUESTION.

MR. CASTANEDA:

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THE COURT: YEAH. IT POSSIBLE FOR ME TO -- AND MR. CASTANEDA: IS I KNOW THIS IS VERY LATE TO FILE A CROSS-COMPLAINT ON BEHALF OF MY MOTHER, FELICITAS CASTANEDA, THE ESTATE OF FELICITAS CASTANEDA. THIS IS A CASE FILED IN DEPARTMENT P,

I AND IT WAS FOR -- THE CASE NUMBER IS GC 0439459, AND THAT I CASE WAS TO BE OPEN IN PROBATE. I WOULD LIKE TO FILE IT. I THE COURT: YOU FILED THE PROBATE CASE? I MR. CASTANEDA: NO. PROBATE HAS BEEN FILED. THE I LAST WILL AND TESTAMENT OF MY MOTHER HAS BEEN ADMITTED,
AND IT WAS EXECUTED ON JANUARY 4TH. AND THERE IS ALSO A LETTER BY MY SISTER ON THAT SPECIFIC DATE. THE COURT: ALL I CAN REALLY SUGGEST IS IF YOU

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I ARE IGOING SEE SO CAN TO

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FILE A INVOLVES, OR WHO IT IS. WHO IT CROSS-COMPLAINT REDUCE TO IT WRITING IF IT'S YOUR MOTHER'S CROSS-COMPLAINT, I

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THINK YOU NEED TO THANK YOU VERY MUCH. BE IN PROBATE COURT.

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(THE PROCEEDINGS WERE CONTINUED TO FEBRUARY 22, 2010, AT 8:30 A.M.)

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SUPERIOR

COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

EVELYN RAMIREZ, ET AL., PLAINTIFF, VS.

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5
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) NO. GC 042105
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DEFENDANT.

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I, SHARON

BOYER,

OFFICIAL

REPORTER

OF THE FOR THE

I SUPERIOR COURT OF THE STATE OF CALIFORNIA,

I COUNTY OF LOS ANGELES, DO HEREBY CERTIFY THAT THE

I FOREGOING PAGES 1 THROUGH 8 AND IS A TRUE AND

I CORRECT

TRANSCRIPT

OF THE PROCEEDINGS HELD IN THE JANUARY 26, 2010.

ABOVE- ENTITLED

MATT~

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, CSR #4329

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