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-"---'

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--------~

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

COUNTY OFFICIAL COURT REPORTERS-------46

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, Your Honor.

Thank you.

(Whereupon, proceedings concluded.)

27
28
~-------SACRAMENTO

COUNTY OFFICIAL COURT REPORTERS---------47

NOTE: The complete transcript from this hearing is included below:

Payments
last over 35
years.
Respondent
is disabled,
indigent
pro per.
Respondent
is domestic
violence
victim-see
below.

Cal. Prac. Guide Family L. Ch. 14-A


California Practice Guide: Family Law
Judge William P. Hogoboom (Ret.), Justice Donald B. King (Ret.), Contributing Authors: Judge Kenneth A. Black
(Ret.), Judge Thomas Trent Lewis, Michael Asimow, Bruce E. Cooperman
Chapter 14. Attorney Fees, Costs And Sanctions
A. Fees And Costs Awards
h. Amount of sanction
(1) [14:245] Not limited to consequential expenses: Fam.C. 271, unlike other sanctions statutes (e.g., CCP
128.7, 14:89), does not require a direct correlation between the amount of the sanction imposed and expenses
incurred in resisting the sanctionable conduct. Thus, potentially greater sanctions are awardable under Fam.C.
271. [Marriage of Corona (2009) 172 CA4th 1205, 12261227, 92 CR3d 17, 35; see Marriage of Falcone & Fyke
(2012) 203 CA4th 964, 138 CR3d 44it is of no moment that some portion of 271 sanctions can be pigeonholed outside actual costs incurred by moving party in resisting sanctionable conduct]
Moreover, under appropriate circumstances, the family court may impose 271 sanctions for attorney fees incurred
in a different case. [See Burkle v. Burkle (2006) 144 CA4th 387, 400, 403, 50 CR3d 436, 445, 448, fn. 7]
(a) [14:245.1] Compensation for all consequential fees/costs not required: By the same token, there is no
minimum limit on a 271 sanctions assessment. Thus, nothing in the statute requires that the sanction imposed
compensate for all fees and costs expended as a result of the sanctionable conduct. [Marriage of Battenburg
(1994) 28 CA4th 1338, 13451346, 33 CR2d 871, 875]
(2) [14:246] Cannot impose unreasonable financial burden: Other limitations unique to 271 place an ultimate
cap on the awardable amount:
While need is irrelevant, the court must take into consideration all evidence concerning the parties
incomes, assets, and liabilities. And in no event may the amount of the sanction impose an unreasonable
financial burden against the sanctioned party. [Fam.C. 271(a); Marriage of Fong (2011) 193 CA4th 278, 291,
123 CR3d 260, 270 (but no showing trial court failed to consider sanctioned partys ability to pay); Marriage of
Lucio (2008) 161 CA4th 1068, 1083, 74 CR3d 803, 814]
In effect then, a 271 sanction must be scaled to the payors ability to pay. [Marriage of Falcone & Fyke (2008)
164 CA4th 814, 828, 79 CR3d 588, 601; see Marriage of Quay (1993) 18 CA4th 961, 969, 22 CR2d 537, 542, fn.
2party requesting fees need not show need, but such an award should always be made in light of the parties
financial circumstances]
(a) [14:247] Rationale: [U]nless trial courts scale any such awards to the comparative wealth of the
parties they may discourage the ... [sanctioned] economically weaker party from filing actions she or he
should and from pursuing those actions with the vigor they deserve. [Marriage of Norton (1988) 206 CA3d
53, 60, 253 CR 354, 358 (brackets added)]
Therefore, trial courts should take account of the comparative wealth of the competing litigants and the
effect of wealth disparities on litigation behavior when they fashion costs and fees awards pursuant to
271. [Marriage of Norton, supra, 206 CA3d at 60, 253 CR at 358 (emphasis added)]

(b) [14:248] Distinguishcomparative wealth irrelevant to propriety of sanction award: Comparative


wealth bears only on the amount of the 271 sanctions assessment. Unlike 2030 need-based awards, the
parties relative circumstances are irrelevant to the determination of whether to make the award. [Fam.C.
271(a)applicant spouse need not demonstrate financial need]
[14:249] Reserved.

-"---'

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

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,

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

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

COUNTY OFFICIAL COURT REPORTERS--------3

'""'----

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

COUNTY OFFICIAL COURT REPORTERS--------4

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

COUNTY OFFICIAL COURT REPORTERS--------5

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

COUNTY OFFICIAL COURT REPORTERS--------6

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

COUNTY OFFICIAL COURT REPORTERS--------7

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?


COUNTY OFFICIAL COURT REPORTERS--------8

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

COUNTY OFFICIAL COURT REPORTERS-------11

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

COUNTY OFFICIAL COURT REPORTERS-------13

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

COUNTY OFFICIAL COURT REPORTERS-------15

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

COUNTY OFFICIAL COURT REPORTERS---------16

'~

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

COUNTY OFFICIAL COURT REPORTERS-------17

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

COUNTY OFFICIAL COURT REPORTERS-------18

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

COUNTY OFFICIAL COURT REPORTERS-------20

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

COUNTY OFFICIAL COURT REPORTERS-------21

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

COUNTY OFFICIAL COURT REPORTERS-------22

',

__

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

COUNTY OFFICIAL COURT REPORTERS-------23

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

COUNTY OFFICIAL COURT REPORTERS-------24

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.

COUNTY OFFICIAL COURT REPORTERS-------25

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

COUNTY OFFICIAL COURT REPORTERS-------26

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?

COUNTY OFFICIAL COURT REPORTERS-------27

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

COUNTY OFFICIAL COURT REPORTERS-------28

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

COUNTY OFFICIAL COURT REPORTERS-------29

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

COUNTY OFFICIAL COURT REPORTERS-------30

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

COUNTY OFFICIAL COURT REPORTERS-------31

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

COUNTY OFFICIAL COURT REPORTERS-------32

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:

Thank you, Your Honor.

~-------SACRAMENTO

COUNTY OFFICIAL COURT REPORTERS-------33

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


COUNTY OFFICIAL COURT REPORTERS-------34

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

COUNTY OFFICIAL COURT REPORTERS-------35

~-

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

COUNTY OFFICIAL COURT REPORTERS-------36

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

COUNTY OFFICIAL COURT REPORTERS-------37

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

COUNTY OFFICIAL COURT REPORTERS-------38

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.

COUNTY OFFICIAL COURT REPORTERS-------39

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

COUNTY OFFICIAL COURT REPORTERS-------40

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

COUNTY OFFICIAL COURT REPORTERS-------41

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?


COUNTY OFFICIAL COURT REPORTERS-------42

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

COUNTY OFFICIAL COURT REPORTERS-------43

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

COUNTY OFFICIAL COURT REPORTERS-------44

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

COUNTY OFFICIAL COURT REPORTERS-------45

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?

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COUNTY OFFICIAL COURT REPORTERS-------46

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, Your Honor.

Thank you.

(Whereupon, proceedings concluded.)

27
28
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COUNTY OFFICIAL COURT REPORTERS---------47

'-_/

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
' '~-/

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COUNTY OFFICIAL COURT

REPORTERS--------~