Case 8:12-ap-01550-ES Doc 107 Filed 02/28/17 Entered 02/28/17 18:08:24 Desc

Main Document Page 1 of 5

Matthew E. Hess (State Bar No. 214732)

MATTHEW E. HESS, ATTORNEY AT LAW
1801 Century Park East, 24th Floor
Los Angeles, OA 90067
Telephone: (310) 751-7544
Facsimile: (310)464-0397
E-mall matthew.hess@hesslawyers.com

Attorney for Debtor JAY PHOTOGLOU

U N I T E D S TAT E S B A N K R U P T C Y C O U R T

C E N T R A L D I S T R I C T O F C A L I F O R N I A - S A N TA A N A D I V I S I O N

In re: Case No.: 8:12-BK-17907-ES

JAY PHOTOGLOU,
Adversary No. 8:12-AP-1550-ES
D e b t o r.
D E C L A R AT I O N O F M I C H A E L
HORTON
GRETCHEN ROSSI,

Plaintiff,

JAY PHOTOGLOU,

Defendant.

D E C L A R AT I O N O F M I C H A E L H O RTO N
Case 8:12-ap-01550-ES Doc 107 Filed 02/28/17 Entered 02/28/17 18:08:24 Desc
Main Document Page 2 of 5

1 I, Michael Norton, declare as follows:

2 1. I am over the age of eighteen and not a party to this action. I
3 have personal knowledge of the facts herein and, if called as a witness,
4 can testify competently thereto.
5 2. I first met Gretchen Rossi in February or March of 2008. Jay
6 Photoglou came over to my house, accompanied by Rossi, and introduced
7 Rossi to me and my wife. Although that was several years ago, I recall the
8 date because it was approximately one month before my marriage ended.
9 I was married for eleven years, and our separation was a very important -
10 and very painful - event in my life.
11 3. My social circle overlaps with Jay's and Rossi's. We have
12 many mutual friends. For example, about eighteen months after my
13 divorce, I dated Rossi's ex-roommate, Rocio Mangana. We went out three
14 or four times but never decided to pursue a relationship. But Jay, Rossi
15 and I continue to know many of the same people.
16 4. From March 2008 to February 2009, I saw Jay and Rossi
17 together at least 20 times. Jay has been my friend for many years, and
18 Rossi would generally be present whenever I would see Jay.
19 5. During this time, I saw Rossi passionately kiss Jay on
20 numerous occasions. Rossi and Jay would also hold hands, embrace, and
21 stare into one another's eyes. Based on this behavior, it was obvious to
22 me that they had a romantic relationship.
23 6. Rossi and Jay did not keep their relationship a secret. We had
24 dinner at several restaurants, went out for sushi, and went to a club on
25 Triangle Square in Costa Mesa called Sutra. Jay also hosted Rossi's
26 birthday party at a bar in Corona Del Mar called Port. I remember the
27 party because both my date and Rossi wore the exact same costume - an
2 8 " I D r e a m o f J e a n n i n e " o u t fi t .

1
D E C L A R AT I O N O F M I C H A E L M O RTO N
Case 8:12-ap-01550-ES Doc 107 Filed 02/28/17 Entered 02/28/17 18:08:24 Desc
Main Document Page 3 of 5
Case 8:12-ap-01550-ES Doc 107 Filed 02/28/17 Entered 02/28/17 18:08:24 Desc
Main Document Page 4 of 5

1 fresh, but I could clearly see the words "Jay" and "Gretchen" on each
2 finger.
3 12. I never saw Jay yell at Rossi, threaten Rossi, or hit her. They
4 would get peeved at one another on occasion, but these were just normal
5 boyfriend/girlfriend disagreements. For example, at one point during the
6 trip to Lake Havasu, we were at a bar. Jay wanted to leave to get his
7 boat's engine fixed, but Rossi wanted to stay and keep drinking, and they
8 argued about whether to stay or go. I never saw them argue about
9 anything more serious than that
10

11 13. I declare under penalty of perjury under the laws of the United
12 States and the State of California that the foregoing is true and correct.
13 Executed this day of February, 2017 at Orange County, California.
14
/
15 Micnaei i-ionon

16

17

18

19

20

21

22

23

24

25

26

27

28

3
D E C L A R AT I O N O F M I C H A E L M O RTO N
Case 8:12-ap-01550-ES Doc 107 Filed 02/28/17 Entered 02/28/17 18:08:24 Desc
Main Document Page 5 of 5