51

1
2

TRANSFERRED FROM THE SAM~_ACCOUNT NUMBER $25,000? THE WITNESS: BY MR. CASTANEDA
Q

THAT HAD THE

____.J

3
4

YES.

8771714215.

5
I. Q Q YOU? A 6 J A

DID YOU WALK OUT OF THE BANK WITH $5,000

WITH

A WHEN? NO.

8
9

WELL, YOU WERE THERE ON THE 12TH, RIGHT? OBVIOUSLY. THE 10,000? RIGHT. MY SIGNATURE IS THERE, CORRECT. INTO THIS ACCOUNT? THE SIGNATURE IS THERE.

10

11
12 13

HOW DID YOU DEPOSIT $10,000 HOW DID I?

52

1 2 3

I I I

Q A Q A $10,000 RIGHT? YOU KNOW

FOR WHAT

PURPOSE?

FOR MY SCHOOLING. FOR YOUR YES. SCHOOLING? THE SAME ACCOUNT. WELL, I HAD

4 , 5 6 7 8 9 10 11 12 13 14 15 16 17 18

IN ONE, YEAH, ASK HER.

FOR SCHOOL. YOU KNOW

YOU CAN'T ASK HER,

VERY WELL

SHE DID IT FOR MY SCHOOLING. MY SCHOOLING. TO THAT. QUESTION. BE STRICKEN

SHE CARED

A LOT ABOUT

MR. CASTANEDA: THE COURT: MR.

OBJECT

JUST ASK YOUR NEXT

CASTANEDA:

I ASK HER ANSWERS

FROM THE RECORD. THE COURT: YOUR TESTIMONY MR. IF I STRIKE ALL HER ANSWERS, ALL

IS GONE. CASTANEDA: JUST THE LAST ANSWER. OF THE ANSWER WHICH

THE COURT: REFLECTED SCHOOLING THAT WILL

THE PORTION

THE GRANDMOTHER BE STRICKEN.

CARED ABOUT

THE WITNESS'

BY MR. CASTANEDA:
Q

19
20

DO YOU RECOGNIZE YOU WANT WHO PAID

WHO THIS

CHECK

IS PAYABLE

TO?

A
Q A Q A
Q

ME TO READ?

21
22 23

IT PAID FOR? TO?

UH-HUH. GONZALO. FOR HOW MUCH? I CAN'T READ IT. YOUR HONOR -FOUNDATION --

24
25 26 27

MS. MACCARLEY: THE COURT:

28

SHE DOESN'T

HAVE THE

53

1 2 3 4 5 6 7 8 9 10 11 12
13

MS.uMAeCARLEY: SHE-THE COURT:

THESE ARE THE SAME CHECKS-?HAT

I AM JUST ASKING IF SHE KNOWS ALL

THESE CHECKS WERE PAID FROM HER ACCOUNT NUMBER WITHIN THE MONTH PRIOR TO IT. THERE MAY HAVE BEEN ALL SORTS OF MONEY

I I

THAT CAME OUT OF THESE ACCOUNTS, BUT SHE IS NOT THE PROPER WITNESS TO TESTIFY TO WHAT GONZALO OR ANYONE ELSE RECEIVED. MR. CASTANEDA: THE COURT: SHE IS AWARE OF THAT.

WERE YOU PRESENT WHEN GONZALO OR

ANYBODY ELSE RECEIVED MONEY FROM YOUR GRANDMOTHER'S ACCOUNT? THE WITNESS: SHE GAVE ME MONEY FROM SCHOOL AND

14 15 16 17 18 19 20 21 22

THAT'S -- I MEAN, SHE WAS GENEROUS WITH GIVING HER

GRANDCHILDREN AND HER CHILDREN MONEY FOR HOUSES, MONEY FOR PRESENTS, WHEN PEOPLE DIDN'T HAVE MONEY. I MEAN, SHE WAS

HELPFUL AND SHE GAVE ALL OF HER CHILDREN MONEY. BY MR. CASTANEDA: Q LET ME ASK YOU WHO THIS PAYCHECK IS PAYABLE TO? YES. SUSANA CASTANEDA, MY MOTHER.

I I

A Q

CAN YOU READ WHAT THE MEMO SAYS?

23 24 25

A Q TELEPHONE?

I APPEARS TO BE IT CAN'T READ IT. RX PRESCRIPTION, CABLE AND

26

YOU ARE ASSUMING THAT'S WHAT IT SAYS.

I CAN'T

27 28

I READ

IT Q VERY WELL. THESE ARE COPIES OF CHECKS; IS THAT CORRECT?

54

1 2 3 4 5 6 7 8 9 10 11

I
I

A Q

THAT~ ISMOTHER GAVE YOUR MOTHER A HUNDRED DOLLARS SO, MY CORRECT.

AND ACCORDING TO YOU SHE PAID FOR CABLE, FOR PRESCRIPTIONS AND FOR TELEPHONE, RIGHT? MS. MACCARLEY: STRIKE. IT'S IRRELEVANT. THE COURT: BY MR. CASTANEDA: GRANTED. AGAIN, OBJECTION. MOTION TO

I
I I

NOW, LET ME ASK YOU ONE MORE QUESTION. AS FAR AS THE $5,000 THAT WERE TRANSFERRED,

TO WHICH ACCOUNT WAS IT TRANSFERRED?

12
13 14 15

A
Q A Q

357.
RIGHT. THAT'S ALL I CAN READ. SO, IT COULD BE 642995, DO YOU OWN THAT ACCOUNT?

16 17 18 19 20 21 22 23 24 25 26

A I HERE, SOMETHING WENT INTO THAT IF MY SIGNATURE ISDON'T RECALL MY ACCOUNT NUMBER. ACCOUNT WITH MY SIGNATURE. SO I CAN'T TELL YOU MY ACCOUNT NUMBER 357,

WHATEVER THE REST OF IT IS. Q OBVIOUSLY YOU TOOK YOUR GRANDMA BECAUSE SHE

DIDN'T DRIVE? A YEAH, TOOK HER TO THE BANK MANY TIMES. SHE

DIDN'T HAVE A RIDE, SO I WOULD DRIVE HER PLACES, THAT IS CORRECT. Q LET ME ASK YOU ONE MORE QUESTION. ANY OF THIS TELEPHONE NUMBERS ARE YOURS

I
I

27 28

I FROM

THE MONTH OF A T-MOBIL PHONE; IS THAT CORRECT? A THIS IS

IS

55

1 2

THAT CORRECT? Q OKAY. IS T-MOBILE A LAND LINE OR CELLPHONE?

3 4 5 6
7
Q

PHONE NUMBER. COURT: THE THE WITNESS: BY MR. CASTANEDA

Q

JUST LOOK AND SEE IF YOU SEE YOUR NO. 50S, THAT'S MY PHONE NUMBER.

TWO LONG ON NUMBER? '07, AND HOW MINUTES? THE PHONECALL? YOU TALKED TO YES. YEAH. YOUR MINUTES. THIS PHONE NOVEMBER 15 YEAH, IS WAS

8
9 10

A Q 0 A

11
12 13

14 15 16

I
I I

YOUR ~RANDMA FOR HOW LONG? A ACTUALLY.

FOR TWO MINUTES? IT'S EIGHT MINUTES, EIGHT MINUTES

THERE IS TWO PHONECALLS.

TOTAL SAME DAY, SAME TIME.

17 18 .I TOTAL. Q 19
20

LET ME ASK YOU ONE QUESTION: DID YOU RETAIN THE

LAW OFFICES OF MRS. MACCARLEY TO BE A CONTRACT? A YEAH. THE COURT: I DIDN'T HEAR THAT OBJECTION. OBJECTION, IRRELEVANT.

21 22 23 24 25 26 27
28

MS. MACCARLEY: THE COURT: BY MR. CASTANEDA: Q MACCARLEY? A

SUSTAINED.

IS THERE AN APPROXIMATE TIME YOU CONTACTED MS.

I DON'T HAVE THE DATE IN FRONT OF ME.

I DON'T

KNOW THE EXACT DATE.

56

1 1-

IT WAS HERE, IT WAS YOUR MOTHER?

2 3

I
I
I I

I CONTACTED -MS. MACCARLEY:

OBJECTION.

RELEVANCE, HEARSAY.

4 5
6 7 8 9 10 11 12 13 14 15 16 17 18 19
20

THE CASTANEDA: I AM SUSTAINED. MR. COURT: OBJECTION TRYING TO UNDERSTAND AS TO WHO MRS. MACCARLEY -- WHO IS MISS CHRISTINA RAMIREZ' ATTORNEY OF RECORD? THE COURT: WHY IS THAT SIGNIFICANT? BECAUSE THE ATTEMPTS TO CLAIM

MR. CASTANEDA:

THAT MRS. CASTANEDA WAS INSANE OR DEMENTED. THE COURT: NO ONE CLAIMED MISS RAMIREZ WAS

CLAIMED INSANE OR DEMENTED. THE WITNESS: BY MR. CASTANEDA: Q BUT IT WAS DID YOU MAKE A PHONECALL TO ADULT PROTECTIVE SERVICES ON FEBRUARY OF '07? A I DON'T RECALL. YOU DON'T RECALL. IF YOU MADE A FALSE COMPLAINT WITH ADULT PROTECTIVE SERVICES, YOU KNOW THAT IS, THAT'S PUNISH BY LAW, RIGHT? NO.

I I

21 22

23 24 25 26 27 28

A BADGERING.

OKAY" MS. MACCARLEY:

OBJECTION.

LACKS FOUNDATION,

THE COURT:

LET'S WRAP UP THIS LINE OF

I
I

QUESTIONING. OBJECTION OVERRULED. THE ANSWER CAN

57

l--+-REMAIN. LET I S WRAP THIS UP. 2 , BY MR. CASTANEDA 3 4 5 6 7 8 9

10

I
J

OKAY.

YOU MADE A PHONECALL TO ADULT -THAT ISN'T WHAT SHE SAID. SHE SAID

THE COURT: SHE DIDN'T RECALL. BY MR. CASTANEDA:

I I

NOW, DID YOU AT ANY TIME COMPLAIN TO ANYBODY? DID YOU CALL THE PASADENA POLICE DEPARTMENT

I AS

WELL?

THE COURT:

TO COMPLAIN ABOUT WHAT? TO COMPLAIN ABOUT MYSELF.

11
12 13 14 15 16 17

MR. CASTANEDA: THE COURT: JOSE CASTANEDA? THE WITNESS: BY MR. CASTANEDA: Q

DID YOU MAKE ANY COMPLAINT ABOUT

TO THE POLICE?

NO, I DID NOT.

DID YOU COMPLAIN TO ANYBODY? THE COURT: ANYBODY IS TOO BROAD. THAT CAN BE ASK

18 19 20 21 22 23 24 25 26 27 28

I THE PERSON NEXT DOOR, OR THE MAN I SPECIFICALLY WHAT IT IS YOU WANT
I I I
BY MR. CASTANEDA: Q

DOWN THE STREET. TO KNOW.

ADULT PROTECTIVE SERVICES RECEIVED A PHONECALL

IN FEBRUARY OF 2007 AND ALLEGING MRS. CASTANEDA WAS ABUSED? THE COURT: DO YOU WANT TO KNOW IF SHE MADE A

COMPLAINT TO PROTECTIVE SERVICES ABOUT YOU; IS THAT WHAT YOU ARE ASKING? MR. CASTANEDA: YES.

THE COURT:

DID YOU MAKE A COMPLAINT TO ADULT

58

------12

PROTECTIVE SERVICES ABOUT MR;CASTANEDA? THE WITNESS: BY MR. CASTANEDA: Q IF I CAN SHOW IT. I DON'T HAVE THAT TO PROVE NO.

3
4

5
6

YOU MADE A COMPLAINT.

THEN YOU WILL BE MISREPRESENTED. ALL RIGHT?

YOU WILL BE MISREPRESENTING THE FACTS HERE. A Q A Q A PHONECALL. Q DID YOU COMPLAIN TO ANYBODY? THE COURT: BY MR. CASTANEDA: Q PROVIDE THE COURT: IS THAT CORRECT? THE WITNESS: THE COURT: THE WITNESS: THE COURT: CORRECT. MR. REYES. ANYBODY IS TOO BROAD. ALL RIGHT.

7 8
9

DO YOU HAVE PROOF OF THIS?

I AM ASKING YOU. YOU ARE ACCUSING ME OF SOMETHING I DIDN'T I AM SAYING DID YOU MAKE THAT PHONECALL? FOR THE THIRD TIME, NO, I DID NOT MAKE THE

10

11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

AGAIN MR. REYES, IS NOT HERE TO

DID SHE COMPLAIN TO REYES ABOUT YOU;

I DON'T KNOW WHAT SIGNIFICANCE NO.

--

DID YOU MAKE A COMPLAINT ABOUT MR.

REYES -- ABOUT MR. CASTANEDA? THE WITNESS: BY MR. CASTANEDA: Q

OBVIOUSLY

NO, I DID NOT.

WHEN YOU CONTACTED MR. REYES, HE INDICATED THAT

59

._-~-_._---

7 8 15 13 14 22 20 21 28 6 19 27 9 3 5 23 26 12 1 2 10 1 18 25 16 4 24 17

60

1I
2 3 4 5 6 7

MS. MACCARLEY;- OBJECTION, SPECULATION. THE COURT: OF WHAT MONEY? $25,000.

MR. CASTANEDA: THE COURT:

DID MRS. CASTANEDA SAY ANYTHING TO

YOU WHEN SHE GAVE THIS LARGER SUM OF MONEY? THE WITNESS: WE HAD IT IN A C.D. ACCOUNT AND WE HAD ANOTHER ONE

SHE GAVE ME MONEY FOR SCHOOL.

8 I INVESTED.

SHE KNEW AFTER A YEAR'S LAPSE THERE IS GOING TO AND THEN WE NEVER DISCUSSED

9 I BE MONEY ACCUMULATED IN IT. 10 11 12 I

13 14

WHAT HAPPEN AFTER THAT. SPEAK TO ME.

FOR A WHILE SHE WASN'T ALLOWED TO

WE DIDN'T DISCUSS IT. I WILL OBJECT TO THAT LAST

MR. CASTANEDA: ANSWER.

SHE WASN'T ALLOWED. THE COURT: THE WITNESS: WHO DIDN'T ALLOW -I WOULD CALL HER HOUSE SEVERAL

IS 16 17 18 19 20 21 22 23 24 25 26

TIMES, I WASN'T ALLOWED TO SPEAK TO HER. THE COURT: WHO WOULD TELL YOU? JOSE CASTANEDA. I KNOW MY

MR. CASTANEDA:

BROTHER MADE ATTEMPTS TO CALL HER ANOTHER FEW TIMES. THE COURT: BROTHER DID. THE WITNESS: THE COURT: YOU SHE IS? THE WITNESS: THE COURT: SHE WAS SLEEPING. SHE WASN'T AVAILABLE? OKAY. YOU WOULD CALL AND JOSE WOULD TELL I DON'T WANT TO GET INTO WHAT YOUR

27 28

I/

THE WITNESS:

SHE WASN'T AVAILABLE,

RIGHT.

61

1 I BY MR. 2 , 3 4 Q A

CASTANEDA.

DO YOU HAVE ANY PROOF I AM SURE THEY WILL TIMES

OF THOSE

PHONECALLS? I SPOKE

I
I

BE ON MY CELLPHONE. TO.

TO HER SEVERAL
Q

-- I TRIED

5
6 7

DO YOU HAVE MY CELL PHONE NUMBER? YEAH, WHAT LIKE OF COURSE. IS THAT TELEPHONE I SAID, -LET'S GET TO THE LAST QUESTION, WE'RE ON A 580-0554. NUMBER?

A
Q

8
9 10 11 12 13 14

A
Q

YOU ASK

THE COURT: MR. CASTANEDA. FISHING

WE ARE GOING

TO TAKE A BREAK.

EXPEDITION.

BY MR. CASTANEDA

THE $25,000 THE MONEY

TRANSFER

ON NOVEMBER

22, RIGHT, IS THAT

YOU

15 , SAID THAT 16 17 18 19 CORRECT? A

REMAINED

THERE

FOR A YEAR;

I DIDN'T

SAY ALL THE $25,000. THAT THE MONEY THERE WAS

I I

Q MONEY

YOU JUST TESTIFIED PUT INTO AN INVESTMENT?

20 21

A Q

IT. PART OF IT?

22 23

I
I
I

A Q

YES. CAN SHOW YOU A DOCUMENT IF I -- ACTUALLY, $25,017 I BELIEVE AND

THAT SOME

SHOWS CENTS THAT

$25,000 WERE

24 , WERE 25 26

WITHDRAWN

WITHDRAWN

ON THE 12TH, AND

I HAVE MONEY?

--

SO, DID YOU WITHDRAW

27 28

I OR

A THE IS THAT WHAT DID NOT WITHDRAW $25,OOO? I YOU ARE ASKING? WHATEVER;

$5,000

IN CASH

62

1 2

YOU ARE TESTIFYING THAT ON THE 22NDOF--N0VEMBER

'OS YOU WENT WITH YOUR GRANDMA TO THE BANK, AND YOU

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

I AN INVESTMENT, RIGHT? TRANSFERRED $25,OOO-DOLLAR

A NO.

FROM HER ACCOUNT, RIGHT, INTO I SAID

I DID NOT SAY $25,000 WAS INVESTED.

SOME OF THE MONEY WAS INVESTED. Q A INVESTED. Q A TWENTY-FIVE. TEN I BELIEVE. THE COURT: HOW MUCH WAS INVESTED? YES. IF I -- GO AHEAD. THE $25,000, I SAID PART OF THE MONEY WAS

$10,000? I BELIEVE $10,000. YEAH, IT WAS

I I

THE WITNESS: $10,000.

SOME OF IT WAS TAKEN OUT FOR CASH, HER DAUGHTER

ALICIA AND PART OF IT SHE HAD TAKEN OUT CASH FOR HERSELF. IT WAS DIVIDED IN INCREMENTS. THERE WAS $25,000 I BELIEVE

I I

IT WAS TEN, TEN AND FIVE. THE COURT: THE WITNESS: THE COURT: BY MR. CASTANEDA Q

I KNOW TEN WAS PUT INTO.A C.D.

$10,000 WAS PUT IN A C.D.? YES. DISPERSED.

ARE YOU REFERRING TO THIS $10,OOO?

23 24 25 26 27 28

I
I I I

A Q A
Q

I THAT KNOW. ISDON'T THE ACCOUNT NUMBER? LIKE I SAID, AGAIN, I DON'T KNOW, OBVIOUSLY. YOU DON'T RECALL. OKAY. WE CAN TRACE THAT

THEN, THE $25,000 WOULD TRANSFER TO THE ACCOUNT. A NOT ALL OF THE $25,000 WAS TRANSFERRED INTO THE

63

1 2 3 4

ACCOUNT; Q A YOU SAID -PART OF IT. YOU COULDNfT TOUCH THE $25[000?

I I
HER.

5 6 7 8 9 10

THE COURT: MR. CASTANEDA [ YOU LIKE[ IT DOESN'T YOU ARE NOT GETTING THE ANSWERS YOU CAN'T ARGUE WITH JUST ASK HER A QUESTION.

MEAN YOU GET TO ARGUE WITH HER. THE WITNESS: THE COURT: BY MR. CASTANEDA: Q OKAY.

YOU CAN TESTIFY.

11 I

DID YOU WITHDRAW $25[017 AND SOME -~

12 13 14
15

A Q A

NO. THIS ACCOUNT 3576246695? FROM I DID NOT WITHDRAW $25[000 AND 17. COULD I WITHDRAW $25[000? THERE IS NOT $25[000

IN THE ACCOUNT. Q A Q DID YOU SIGN THIS? YES. IS FOR THAT ACCOUNT? OBVIOUSLY[ IF THAT'S MY ACCOUNT. OKAY. I BELIEVE THAT I HAVE THAT WITHDRAW FOR

16 17
18

19 20 21 22 23 24 25
26

A Q

THAT ACCOUNT. THE COURT: MR. CASTANEDA: WE ARE GOING TO BREAK NOW. OKAY.

I
I

THE COURT:

WE ARE NOT MAKING ANY HEADWAY.

WE WILL BE IN RECESS UNTIL 1:30.

I
I
(AT 12:00 P.M.[ A LUNCH RECESS WAS TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)

27

28 I

64

1
2 3 4
5

~~~~e:ASENUMBER:

GC 042105

. ~_~_~H

CASE NAME:

EVELYN RAMIREZ VS. JOSE CASTANEDA

PASADENA CALIFORNIA DEPARTMENT NE "S" REPORTER: TIME: APPEARANCES:

MONDAY, FEBRUARY 22, 2010 HON. JOSEPH F. DE VANON, JUDGE SHARON P. BOYER, CSR #4329 P.M. SESSION

6 7 8
9

(AS HERETOFORE NOTED ON TITLE PAGE.)

10

MR. YOU ARE THE PLEASE. CASTANEDA: COURT:MAY AGAIN RAMIREZ, ASK YOU RECORD. I GO OATH. JOSE CASTANEDA, WANT TO SIR.ON TO RETAKE THE MISS YOU STILL UNDER I REMIND YOU,

MR. ALL 11 ESS STAND, RIGHT.

12 13

14
15

16 17 18 19 20 21
22 23

TRIED TO CONTACT MR. COUNTS, AND THERE IS NO SIGN OF HIM BEING AT HIS OFFICE. HE HAD SOME OF MY DOCUMENTS. I DO

HAVE SOME HERE WITH ME. TO ... THE COURT: MR. COUNTS.

AS GOOD AS I CAN, I WILL TRY

I DON'T KNOW WHAT TO ADVISE ABOUT

I CAN'T IMAGINE A LAWYER BEING RETAINED, AND

ABANDONING YOU AT THE TIME OF TRIAL. MR. CASTANEDA: YES. AND AGAIN, I HAVE

24 25 26 27 28

FEBRUARY 11TH DATED CONTRACT AGREEMENT. THE COURT: CONTACTED US. MR. CASTANEDA: I E-MAILED COUNSEL REGARDING MY HE HAS NEVER CALLED US. HE'S NEVER

RETAINING ON THURSDAY, I BELIEVE.

65

l 2
3 4 5 6

I ----I

IS THAT CORRECT? MS. MACCARLEY: YES. I RECEIVED AN E-MAIL FROM

MR. CASTANEDA. THE COURT: BUT NO ONE CAME TO THE COURT, YOU

KNOW, BY WAY OF AN EX PARTE MOTION TO ASK FOR A CONTINUANCE OF THE CASE OR ADVISE ME THERE IS ANY PROBLEMS WE HAD PREVIOUSLY CONTINUED THE CASE ONCE

7 I WITH THE CASE. 8 9 10 11 12 13 14

15

BEFORE IN ORDER FOR YOU TO GET A LAWYER. MR. CASTANEDA: THE COURT: RAMIREZ. YES, AND HE -- AND --

LET'S FINISH UP NOW WITH MISS

I DON'T KNOW WHAT TO TELL YOU ABOUT MR. COUNTS.

YOU WILL HAVE TO WORK THAT OUT. MR. CASTANEDA: YES. AGAIN -- OKAY.

.Q
A

LET ME ASK YOU, ARE YOU AWARE THAT IN 2005 JESUS

CASTANEDA FILED A LAWSUIT AGAINST ME? YES. MS. MACCARLEY: FOUNDATION, HEARSAY. THE COURT: I DON'T KNOW WHO JESUS CASTANEDA IS. MY BROTHER. OBJECTION. RELEVANC~, LACKS

16 17
18

19 20

I
I.

MR. CASTANEDA:

22 21 23 24

THAT YOUR BROTHER SUED WHY IS IT IMPORTANT FOR ME TO KNOW THE COURT: YOU? MR. CASTANEDA: THAT WAS SOME OF THE PLAN, YOU

I
I

KNOW, THAT I WAS DEPLETING OVER SIX MILLION DOLLARS FROM

25 26

THE ESTATE. ALSO ACCUSED ARE LOSING A HOME. FOR WHAT THE COURT: YOU OF OFFERING THIS

27 28

I PURPOSE?

MR. CASTANEDA:

TO SUPPORT --

66

. ----12 3 4 5 6 7 8 9 10 TESTIMONY HOWARD STATING MOTHER THIS.

THE COURT:

TO SHOWBHE--DOESN WELL,

I T LIKE

YOU? HER

MR. CASTANEDA:

NO. THAT TO SHOW THAT ORCHESTRATED ALL OF

WAS THE ONE THAT BASICALLY

I ALSO HAVE MY BROTHER

THE TRANSCRIPT INDICATING HE ADMITS TO ADMIT

FROM THAT THE HOUSE AT

FRANCISCO

STREET

WAS MY MOTHER'S. I WOULD LIKE

ON THE RECORD OF

THAT AND

THAT TESTIMONY

SOME WITNESS

AT THAT TRIAL

BE SUBMITTED. COPY OF A RELEVANT

THE COURT: TRANSCRIPT TO THIS MIGHT FROM OTHER

IF YOU HAVE A CERTIFIED PROCEEDINGS THAT

11
12 13 14 15 16 17 18 19 20

IS SOMEHOW

CASE AND THE WITNESS TO RECEIVE IT SEEMS IT.

IS NOT AVAILABLE,

THE COURT

BE ABLE

TO ME YOU ARE TALKING I DONIT SEE WHERE

ABOUT THERE IS

ENTIRELY

DIFFERENT

LAWSUIT.

RELEVANCE. MR. CASTANEDA: CASTANEDA PROPERTY OWNED THAT WELL, THE RELEVANCY STREET. THIS IS THAT IS THE HER CONSENT. TO HER MRS.

784 EAST HOWARD AWAY

WAS TAKEN

FROM HER WITHOUT BROUGHT

MY BROTHER HOUSE. THE COURT: ADDRESS? MR. CASTANEDA: THIS

FRANCISCO

$2,000

21
22 23 24 25

IS ON THE HOWARD

STREET

THIS

IS 784 HOWARD

STREET. TO AND

AND HE ADMITS IN FACT

ON THE RECORD

STATING

26 I MR. JAVIER,

IT WAS HER HOUSE

BECAUSE

HE GOES, AND

27
28

YES WHEN

IT WAS HER HODSE. HE CAME

IT WAS MY MOTHER'S

HOUSE

THAT1S

FROM MEXICO.

67

liTHE 2 3

COURT:

THE ONL- ISSUE THAT IS RELEVANT HERE

I I I

IS DID YOUR MOTHER DEED THE PROPERTY TO THE PEOPLE WHO ARE LISTED ON THIS DEED. AND IF SOr SHOULD THE COURT ORDER

4 , THAT PROPERTY TO BE SOLD AND THE VALUE OF THAT, WHATEVER 5 6 7 8 I 9 10 11 12 13 I 14 15 IS LEFT OVER, DIVIDED EQUALLY ONE-THIRD INCREMENTS TO THE PARTIES ON THE DEED. MR. CASTANEDA: THE COURT: I UNDERSTAND THAT.

SO, THE HOWARD STREET ADDRESS

DOESN'T SEEM LIKE IT HAS ANY RELEVANCY. MR. CASTANEDA: THE RELEVANCY THAT I SEE IS THAT

SHE WAS SOMEHOW -- YOU KNOW, THE SAME THING OCCURS AGAIN. HER HOUSE THE COURT:
SEEr

PEOPLE DEED PROPERTY EVERY DAY

I I I

FOR A NUMBER OF DIFFERENT REASONS; SOMETIMES THEY ARE CHEATED OUT OF THEIR PROPERTYr SOMETIMES THEY ARE

16 I INVESTORSr SOMETIMES THEY SPECULATEr GIVE IT TO THEIR 17 CHILDREN OR GRANDCHILDREN, OR THEIR FRIENDS. OR THEIR CHURCH. THAT I S KIND OF TH'ENORMAL COURSE OF BUSINESS. MR. CASTANEDA: TO THE PLAINTIFF? THE COURT: SHOW IT TO COUNSEL FIRST. SURE. THIS IS A LETTER FROM HER MAY I PRESENT THESE TWO LETTERS

18
19 20 21 22 23 24 25 26 27 28

MR. CASTANEDA: LAW OFFICE. AND THE CASE

THE COURT:

A LETTER FROM COUNSEL? YES. RIGHT.

MR. CASTANEDA: MS. MACCARLEY:

THERE WAS A PRIOR LAWSUITr AND I WAS RETAINED TO ATTEMPT TO SETTLEMENT IT. IT'S A SETTLEMENT

68

~--~-~----

COMMUNICATION.

I AM GOTN6-'I'OOBJECT I WAS NOT REPRESENTING

ON THAT GROUNDS ._----1 MISS RAMIREZ AT THE

__

13 19 7 6 25 18 14 26 5 20 12 2 27 21 1 15 8 24 22 10 1 17 3 4 9 23 16 28 TIME,

SO OBJECTING THE

ON THAT GROUND. IS IT CLEAR OR SETTLEMENT YES. DISCUSSIONS, I SEE IF ON ITS FACE THAT DISCUSSIONS? IT'S A

COURT:

SETTLEMENT

AGREEMENT,

MS. MACCARLEY: THE COURT: CAN'T RECEIVE IT.

IF IT'S SETTLEMENT

IF YOU WANT DISCUSSION --

ME TO LOOK AT IT AND

IT'S A SETTLEMENT

MR. CASTANEDA: MATTER. THE COURT: ON THAT. MR. CASTANEDA: MS. MACCARLEY: THE COURT: IT'S SOMEHOW TESTIFY RELEVANT

YES.

WE'RE

TRYING

TO SETTLE

THE

I CAN'T

RECEIVE

THAT.

I'M PRECLUDED

WHAT ABOUT

FROM MR. PRATT? OFFER. EITHER. IF CAN

IT'S A SETTLEMENT RECEIVE CASE, THAT

I CAN'T TO THIS

MAYBE .MR. PRATT

TO IT.

SETTLEMENT CAN RECEIVE.

DISCUSSIONS I CAN'T

ARE NOT EVIDENCE GET INVOLVED IN THAT. WAS A

THAT THE COURT

YOU CAN TESTIFY SETTLEMENT RESOLUTION IN THIS CASE,

IF YOU THOUGHT

THERE THE YOU

OR WHATEVER

YOU BELIEVE REASON,

HAD BEEN REACHED

FOR WHATEVER

CAN LETTER

GIVE THE EXPLANATION. OR OFFER TO SETTLE

I CAN'T

LOOK AT A SETTLEMENT

FROM ONE OF THE ATTORNEYS. OKAY. I HAVE -- WHAT ABOUT

MR. CASTANEDA: DECLARATION? THE COURT:

I AM SORRY? THE DECLARATION OF SUSANA

MR. CASTANEDA:

69

1 2
3

CASTANEDA WITH THE DATE JANUARY 4, 2008. THE COURT: SUSANA IS THE -THE MOTHER OF CHRISTINA. THAT

MR. CASTANEDA:

4
S 6 7 8 9 10 II
12

IS CORRECT.
THE COURT: TO THIS INFORMATION? MR. CASTANEDA: I DON'T KNOW WHY. SHE WAS NOT AVAILABLE TO COME. IS THERE A REASON SHE CAN'T TESTIFY

I SUBMITTED ALSO TO TAKE THEIR IT SHOULD BE ON FILE. I

DEPOSITION EARLIER IN THE YEAR. EVEN ATTEMPT TO GET SOMEBODY -THE COURT:

YOU ATTEMPTED TO SUBPOENA HER? I DID, YES. AND TO GET AND IT IS ON

MR. CASTANEDA:

13 14 15 16 17 18 19

I I

TESTIMONY EARLIER IN THE YEAR, IN JANUARY. FILE. IT SHOULD BE ON FILE. THE COURT: I FILED --

I AM TRYING TO FIND -- A DEPOSITION. I AM

MR. CASTANEDA: THE COURT:

THE DECLARATION IS.HEARSAY.

TRYING TO SEE SOME REASON IT MIGHT BE ADMISSIBLE. COUNSEL, CAN YOU GIVE ME SOME BACKGROUND?

20 21 22 23
24

I DEPOSITION. IMACCARLEY: WAS MS. THINK IT I

SECOND, THIRD OR WHATEVER. NOT REPRESENTING SUSAN.

KNOW THERE THINK FOUR OF UNTIMELY, IWAS A NOTICE OR FIVE

DAYS OCCURRED ON THE SUNDAY AFTER NEW YEAR'S JANUARY SO IT WAS OBJECTIONABLE. I AM

25

THE COURT:

SHE WASN'T SUBPOENAING?

26
27 28

WAS SHE SUBPOENAED FOR THE TRIAL TODAY?

MR. CASTANEDA: THE COURT: I AM NOT SURE.

DID YOU SUBPOENA HER?

70

1 2 3 4 I 5 6 7 8 9 10 11 12 13 14 15 16 17 18
19 20

MR.CAS'I'ANEDA: THE COURT:

I THINK I DID.

YOU THINK YOU SUBPOENAED HER? YES.

MR. CASTANEDA: THE COURT: THAT? MR. CASTANEDA: COPY.

DO YOU HAVE PROOF OF SERVICE ON

AGAIN, I DON'T HAVE THE ENTIRE

I WASN'T READY FOR THIS. THE COURT: THE DECLARATION. THE DECLARATION STATE ON

MR. CASTANEDA:

JANUARY 4TH SHE WENT TO VISIT MY MOTHER IN THE HOSPITAL. I HAVE ALL OF HER HOSPITAL THE COURT: THE DECLARATION. MR. CASTANEDA: IT READS: I WENT TO VISIT MY SHE JUST TELL ME WHAT'S THE EVIDENCE ON

MOTHER WHO WAS IN THE HOSPITAL VERY ILL WITH CANCER. SPOKE TO ME PRIVATELY OF DIFFERENT FAMILY MATTERS.

I I

SHE ALSO ASKED ME TO CA~L MRS. MACCARLEY, AN ATTORNEY WHO REPRESENTED HER LONG AGO IN A SUIT REGARDING MY DECEASED BROTHER LUIS. MY MOTHER EXPRESSED TO ME HER DEEPEST REGRETS AND SADNESS OF MY BROTHER. JOSE HAD BEEN ACCUSED

21 22 23 24 25 26

OF MRS. MACCARLEY OF TAKING MONEY FROM THE SETTLEMENT. MY MOTHER TOLD ME THAT IT WAS NOT TRUE. THAT MRS. MACCARLEY HAD DONE NOTHING WRONG. MY MOTHER

ASKED ME TO TELEPHONE MRS. MACCARLEY AND TO APOLOGIZE TO

HER HOW BADLY SHE FELT REGARDING HIS FALSE ACCUSATIONS.

27 \ AND TO TELL MRS. MACCARLEY -- WERE TO COME IN, WHERE DOES 28 THE COURT: IF THAT

71

1 24 1 18 12 25 3 17 101 16 5 23 4 19 9 6 2 13 8 7 22 15 20 26 14 21 28 27

IT GO TO? MR. CASTANEDA: IT GOES TO THAT MY MOTHER ON

THAT SPECIFIC DATE THAT MY SISTER STATES TO HAVE BEEN AT THE HOSPITAL ON JANUARY 4TH, THERE IS NO RECORDS OF HER BEING AT THE HOSPITAL. SHE WAS EXECUTING HER LAST WILL AND TESTAMENT. AND THAT'S ON THE SAME DAY. AND THAT'S WHY I

AM TRYING TO SUBMIT THE PROOF.

AND ALSO THAT HER WISHES

WERE FROM THE INVESTMENT, AND I KNOW THAT THE INVESTMENT IS THERE, BECAUSE SHE DIDN'T MAKE THOSE TELEPHONE WITHDRAWALS. KIDS. THE COURT: ACCORDING TO THE DECLARATION THE THAT THE MONEY IS THERE TO DISTRIBUTE TO HER

OBJECTION WILL BE SUSTAINED AS IT BEING HEARSAY, THERE BEING NO VALID HEARSAY EXCEPTION OFFERED. AND SECONDARILY, WERE THE COURT OF APPEAL ON REVIEW WILL FIND THAT THERE IS A HEARSAY EXCEPTION TO ADMIT THE EVIDENCE, THIS COURT STILL STANDS OF THE OPINION THAT EVIDENCE IS IRRELEVANT TO THE ISSUES BEFORE THE COURT. MR. CASTANEDA: REYES. I HAVE DECLARATION OF RAY HE CAN'T BE HERE AGAIN. I

AGAIN HE IS VERY ILL.

JUST LIKE TO CALL HIM. NO WHERE TO BE FOUND. THE COURT:

HE KNEW ABOUT THE 22ND, AND HE IS

YOU JUST CALLED HIM? I CALLED HIM AT HIS HOUSE, HE

MR. CASTANEDA: DOESN'T ANSWER.

I CALLED HIS OFFICE. I HAVE A SIGNED ~-

72

1
2 3 4 5

------'---THE COURT: SAYING?

IF HE WERE HERE, WHAT HE WOULD BE

MR. CASTANEDA:

HE WOULD BE SAYING THAT, YOU

KNOW, AS FAR AS WHAT HE WAS TOLD REGARDING THAT DEED THAT

WAS EXECUTED, AND IF I MAY I WANT TO READ THIS. THE COURT: IT'S NOT EVIDENCE, SO IF YOU READ IT

6 I

7 I IN IT'S AN OUT-OF-COURT STATEMENT, YOU ARE ASKING ME TO 8 9 10 11 12 13 14 15 16 I RECEIVE IT AS IF IT'S TRUE. I DON'T HAVE MR. REYES HERE

TO BE CROSS-EXAMINED ABOUT THE DOCUMENT. WAS THIS WITNESS PRESENT AT THE TIME THAT MR. REYES MADE THESE STATEMENTS? MR. CASTANEDA: THE COURT: MISS RAMIREZ? MR. CASTANEDA: THE COURT: YES, I DO. NO. NO. BUT I DO WANT TO --

DO YOU HAVE SOME MORE QUESTIONS FOR

LET'S FINISH UP WITH HER QUESTIONS

17 18

I
I

FIRST AND MR. CASTANEDA: AGAIN, THESE OTHER THINGS. THEN WE CAN TALK ABOUT I DON'T HAVE THE DOCUMENT WHERE THE $25,000 IS WITHDRAWN. THE COURT: THAT. WE HAVE ALREADY GOT TESTIMONY ABOUT

19 20 21 22 23 24 25
26 27

WE HAVE BEEN OVER THAT POINT. MR. CASTANEDA: THE COURT: OVER THAT.

LET'S JUST FINISH UP WITH HER.

BY MR. CASTANEDA Q NOW, LET ME ASK YOU AGAIN. THE COURT: OVER. LET'S NOT GO OVER WHAT WE HAVE BEEN I'VE ALREADY HAVE THAT

LET'S GO TO NEW MATERIAL.

28

TESTIMONY IN THE RECORD.

YOU ALREADY MADE YOUR POINT, AND

73

1
2

IuMADE MY NOTES.

LET'S GET TO NEW POI-N-'F-S. AGAIN, I BELIEVE THAT THE

MR. CASTANEDA:

3 4 5

WITNESS HAS MADE AN INCONSISTENT STATEMENT. THE COURT: IT'S INCONSISTENT. YOU CAN ARGUE THAT. YOU CAN SAY

YOU CAN TESTIFY TO A DIFFERENT SET OF

6 I FACTS.

BUT IT'S NOT MORE TRUE OR LESS TRUE IF SHE ANSWERS WE HAVE ALREADY

7 I THE SAME QUESTION TWO OR THREE TIMES. 8 I BEEN OVER THE $25,000 WITHDRAWAL. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
25 26 27
28

MR. CASTANEDA:

NO.

I WAS TALKING ABOUT HOW THE BUT THE

MONEY WAS WITHDRAWN ON THE SIXTH OF JANUARY.

WITNESS HAS SAID IT WAS AN INVESTMENT, A ONE-YEAR

INVESTMENT, WHICH IS NOT TRUE. THE COURT: THE WITNESS HAS SAID WHAT SHE SHE IS TELLING THE TRUTH OR

BELIEVES THE MONEY WAS FOR. SHE'S NOT TELLING THE TRUTH. MR. CASTANEDA: TESTIMONY IS IMPEACHABLE. THE COURT: EVIDENCE.

THAT IT WAS AN INVESTMENT.

HER

BUT YOU ARE NOT PRESENTING ANY

YOU NEED TO ASK HER QUESTIONS, OR YOU CAN GET YOU CAN'T KEEP ASKING HER IT

UP HERE AND TESTIFY YOURSELF. THE SAME QUESTION.

THAT DOESN'T GET YOU ANYWHERE.

DOESN'T CHANGE ANYTHING. MR. CASTANEDA: OKAY. LET ME ASK MORE QUESTIONS

ON THIS. THE COURT: SURE. YOUR HONOR, MAY I SEE THE

MS. MACCARLEY: DOCUMENT?

(PAUSE.)

74

1
2

MS. MACCARLEY: WILL AND TESTAMENT. THE COURT:

YOUR HONOR,

THIS

IS THE LAST

3
4

WHOSE

LAST WILL

AND TESTAMENT?

5
6
7

MS. MACCARLEY: THE COURT:

FELICIA

CASTANEDA.

FELICIA

IS THE GRANDMOTHER. IN 2008.

MS. MACCARLEY: THE COURT:

IT WAS DATED 2008.

8 9

DATED

MS. MACCARLEY: THE REGARDS COURT:

JANUARY

4, 2008. THE QUESTION IS IN

10

LET ME HEAR WHAT

11
12 13 14 15 16 17 18 19 20

TO THE WILL.

BY MR. CASTANEDA Q OKAY. SO, MRS. I HAVE HAVE SHOWN YOU DEPOSIT THAT THIS CASTANEDA MADE THIS INVESTMENT AND AND YOU

OR TRANSFER

WITHDRAWALS ON ALL THE

STATED

IS HER SIGNATURE

EXHIBITS,

RIGHT? MS. MACCARLEY:OBJECTION. I DON'T BELIEVE SHE

STATED

IT WAS THE COURT: SHE DIDN'T TESTIFY TO THAT. IT WAS NOT HER

21
22 23 24
25

MS. MACCARLEY: SIGNATURE. BY MR. CASTANEDA Q THIS? A IT LOOKS THE LIKE ALL RIGHT.

ONLY TESTIFIED

NOW, DO YOU KNOW

WHOSE

SIGNATURE

IS

26
27

FELICITAS

CASTANEDA. HEAR LIKE YOUR ANSWER. FELICITAS CASTANEDA.

COURT:

I COULDN'T IT LOOKS

28

THE WITNESS:

75

-1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

I BY
J J

MR. CASTANEDA Q THIS ONE LOOKS THE SAME?

H __ ~_

A Q

I GUESS.

I MEAN, THE SIGNATURE.

THE FIRST ONE IS FOR $2,000 WITHDRAWAL, RIGHT?

AND THE SECOND ONE IS FOR $2,000. AND THIS IS FOR $9,000. $4,000 WITH THE SAME NAME, RIGHT? THE COURT: SHE HASN'T ANSWERED THAT. DO YOU AND THIS IS FOR

WANT HER TO ANSWER THOSE QUESTIONS? THE WITNESS: BY MR. CASTANEDA Q A Q APPEARS A APPEARS TO BE THE SAME NAME. THE COURT: HAS TO BE ONE AT A TIME. YOU CAN'T IT IS THE SIGNATURE? SAME NAME. AND YOU SEE THIS IS THE SIGNATURE WHAT SAME NAME.

BOTH SPEAK AT THE SAME TIME. THE WITNESS: BY MR. CASTANEDA Q

J

APPEARS TO BE THE SAME NAME.

WOULD YOU LOOK AT THE DATE IT WAS EXECUTED? JANUARY 4, 2008. WHAT YEAR?

A Q

24
25 26 27 28
J

2008.
DEFENSE COUNSEL: THE COURT: I HAVE NO MORE QUESTIONS.

REDIRECT. I HAVE NO FURTHER QUESTIONS. YOU CAN STEP

MS. MACCARLEY: THE COURT:

THANK YOU, MA'AM.