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1 SAN BERNARDINO, CALIFORNIA; WEDNESDAY, APRIL 26, 2017

2 A.M. SESSION

3 DEPARTMENT S-47 HON. KHYMBERLI S. APALOO, JUDGE

4 APPEARANCES:

5 THE RESPONDENT, DAVID DE BOER, WITH

6 HIS COUNSEL, MARIE MORENO MYERS,

7 ATTORNEY AT LAW.

8 (FRED BERZAK, OFFICIAL REPORTER, CSR NO. 5815.)

9 -O0O-

10 THE COURT: LET ME CALL ON NUMBER 17, XIAOSHU DE

11 BOER AND DAVID DE BOER.

12 PARTIES, PLEASE STEP FORWARD.

13 MS. MYERS: MARIE MORENO MYERS PRESENT.

14 THE COURT: SIR, WHAT IS YOUR NAME?

15 THE RESPONDENT: DAVID DE BOER.

16 THE COURT: HAVE A SEAT, PLEASE.

17 WE'RE HERE ON MISS MYERS' REQUEST FOR A MOTION TO BE

18 RELIEVED.

19 AS I UNDERSTAND IT, MR. BRADFORD WON'T BE HERE, BUT

20 WE ALSO HAVE A SETTLEMENT CONFERENCE ON CALENDAR THAT WILL

21 NEED TO BE RESCHEDULED SINCE HE'S NOT HERE. IT'S MY

22 UNDERSTANDING THEY WILL BE APPEARING AT 10 OR 10:30 BECAUSE

23 THAT'S THE TIME THAT IT WAS CALENDARED. THEY WEREN'T OPPOSING

24 THE MOTION TO WITHDRAW. I BRIEFLY MET WITH MR. DE BOER THIS

25 MORNING TO EXPLAIN THAT SITUATION TO HIM.

26 MR. DE BOER, ARE YOU OBJECTING TO THE REQUEST TO

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1 WITHDRAW?

2 THE RESPONDENT: YES. I WOULDN'T LIKE HER TO

3 WITHDRAW. WE HAD A DISPUTE KIND OF ABOUT THIS MMPI-2 TEST

4 THAT THEY WANTED ME TO TAKE, BUT IT DOESN'T SEEM LIKE IT WOULD

5 BE ETHICAL FOR ME TO TAKE IT. WE HAVE BASICALLY PASSED THAT

6 POINT; SO THAT CONFLICT DOESN'T REALLY MATTER ANYMORE.

7 WE'RE ALMOST DONE WITH THIS CASE. IT'S BEEN GOING

8 ON SO LONG. I CAN'T AFFORD TO BRING IN A NEW ATTORNEY AT THIS

9 POINT. EXITING WOULD BE DOING THE OPPOSITION A FAVOR.

10 THE COURT: HAVE YOU BEEN PAYING YOUR ATTORNEY?

11 THE RESPONDENT: YES, I HAVE.

12 THE COURT: YOU'RE ALL CURRENT WITH YOUR ATTORNEY?

13 THE RESPONDENT: NO. SINCE SHE SAID SHE WOULD QUIT,

14 I HAVEN'T BEEN SENDING HER ANY MONEY.

15 THE COURT: HOW MUCH DO YOU OWE?

16 THE RESPONDENT: I'M NOT SURE. WE HAVE AN AGREEMENT

17 WHERE INTEREST KICKS IN; SO SHE'S MAKING MORE NOW.

18 THE COURT: MISS MYERS.

19 MS. MYERS: SO THE RECORD IS CLEAR, HE DOES OWE

20 ATTORNEY'S FEES. THAT IS NOT THE BASIS THAT I'M REQUESTING TO

21 WITHDRAW.

22 THERE HAS BEEN A BREAKDOWN IN THE ATTORNEY-CLIENT

23 RELATIONSHIP TO THE EXTENT THAT I DON'T BELIEVE IT'S IN HIS

24 BEST INTERESTS FOR ME TO CONTINUE TO REPRESENT HIM, AND I

25 THINK THAT IS A CONFLICT.

26 IN ADDITION TO THAT, BESIDES THE FACT THAT HE OWES

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1 ME FUNDS, THAT WOULD BE INVOLUNTARY SERVITUDE AT THIS POINT,

2 BUT, MORE IMPORTANTLY, THERE'S A CONFLICT IN OUR RELATIONSHIP

3 THAT HAS DETERIORATED. I WISH IT WAS DIFFERENT, BUT IT ISN'T.

4 THE COURT: I'M GOING TO GO AHEAD AND RELIEVE YOU AS

5 HIS ATTORNEY OF RECORD. I CANNOT FORCE SOMEBODY WHO SAYS THEY

6 HAVE A SIGNIFICANT CONFLICT WITH A CLIENT TO REMAIN ON WITH

7 THE CLIENT.

8 THE RESPONDENT: CAN SHE EXPOSE THE CONFLICT? SHE

9 HASN'T BEEN FORWARD WITH YOU AS TO WHAT THE CONFLICT IS. I

10 TOLD YOU WHAT THE CONFLICT WAS, WHICH HAS PASSED; SO THERE'S

11 NO LONGER A CONFLICT.

12 THE COURT: I TAKE HER AT HER WORD. I DON'T HAVE A

13 WHOLE LOT OF PEOPLE TELL ME THAT I JUST CANNOT GET ALONG WITH

14 SOMEBODY OR I CAN'T GET ALONG WITH THE CLIENT SO BAD THAT I'M

15 NOT SURE I CAN REALLY REPRESENT THEM ANYMORE. THAT'S NOT A

16 VERY COMMON SITUATION. IT DOES HAPPEN IN SOME ATTORNEY-CLIENT

17 RELATIONSHIPS.

18 THE RESPONDENT: BUT THAT WILL DAMAGE ME, THOUGH.

19 THE COURT: I UNDERSTAND THAT. BUT THAT DOESN'T

20 MEAN THAT YOU GET TO TREAT YOUR ATTORNEY IN ANY WAY THAT YOU

21 FEEL LIKE BECAUSE YOU PAY HER OR THERE'S A LEGAL SITUATION.

22 THE RESPONDENT: I GIVE HER MY OPINION.

23 THE COURT: IT'S A BACK AND FORTH. IF YOU CAN'T

24 HAVE BACK AND FORTH, YOU'RE JUST SUBJECTED TO SOMEONE ELSE'S

25 WILL. NOT ALL RELATIONSHIPS WORK OUT.

26 THE RESPONDENT: I KNOW.

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1 THE COURT: THIS SOUNDS LIKE IT'S ONE OF THEM.

2 THE RESPONDENT: IT'S PAST THE POINT OF CONFLICT.

3 THE COURT: IN YOUR MIND, YES, IT IS.

4 I'LL GO AHEAD AND RELIEVE HER.

5 YOU GUYS HAVE A SETTLEMENT CONFERENCE COMING UP.

6 I'LL WORK WITH YOU AND MR. BRADFORD ON WHAT TO DO ABOUT THE

7 SETTLEMENT CONFERENCE AND SETTING YOU FOR FURTHER HEARING

8 DATES. I DON'T WANT YOUR CASE TO LANGUISH, BUT YOU'RE GOING

9 DO HAVE TO FIND SOMEBODY ELSE TO REPRESENT YOU.

10 THE RESPONDENT: SHE'S DONE LOTS OF DISCOVERY WORK.

11 THE WORK I HAVE PAID HER FOR IS GOING TO BE LOST AS WELL.

12 THE COURT: YOU'RE ENTITLED TO YOUR WHOLE ENTIRE

13 FILE. I'M SURE MISS MYERS WILL GIVE YOU YOUR WHOLE ENTIRE

14 FILE, EVERYTHING THAT'S IN IT BECAUSE YOU'RE ENTITLED TO HAVE

15 THAT. IT WILL TAKE A MINUTE FOR HER TO GET THAT ALL TOGETHER

16 FOR YOU, BUT YOU WILL GET THAT.

17 THE RESPONDENT: IF SHE BUILDS A FILE LIKE YOU GO

18 INTO SOMEONE ELSE'S FILE, THAT'S HARD TO ASCERTAIN

19 INFORMATION.

20 THE COURT: LET ME STOP YOU RIGHT NOW BECAUSE YOUR

21 HEARING IS OVER. I HAVE ALREADY RULED. YOU CONTINUING TO

22 ARGUE WITH ME IS ONE OF THE THINGS I TALKED ABOUT AT THE VERY

23 BEGINNING OF THE MORNING, WHICH CREATES PROBLEMS IN COURT FOR

24 US.

25 I'M RELIEVING HER. UNFORTUNATELY, THE RELATIONSHIP

26 IS NOT WORKING OUT FOR THE TWO OF YOU. IT'S GOT TO BE A

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1 TWO-WAY STREET.

2 YOU WILL GET EVERYTHING. YOU'RE GOING TO HAVE AN

3 OPPORTUNITY TO GET THAT FILE AND LOOK THROUGH IT AND GET

4 YOURSELF READY FOR FUTURE HEARINGS. IF YOU FEEL THAT YOU NEED

5 TO HAVE ANOTHER ATTORNEY, YOU WILL GO LOOK FOR ONE AND DO THE

6 BEST THAT YOU CAN IN THAT REGARD AS WELL. THE HEARING IS

7 OVER.

8 I'LL HAVE YOU PREPARE AN ORDER.

9 MS. MYERS: I HAVE AN ORDER.

10 THE COURT: I'LL TAKE CARE OF THAT. I'LL MAKE IT

11 EFFECTIVE AS OF IMMEDIATELY.

12 AND WE'LL SEE YOU AGAIN, MR. DE BOER, AT ABOUT 10:00

13 WHEN WE EXPECT MR. BRADFORD.

14 MS. MYERS: THAN YOU, YOUR HONOR.

15 THE COURT: THANK YOU.

16 (PROCEEDINGS IN THE ABOVE-ENTITLED

17 MATTER WERE HEREBY CONCLUDED.)

18 --OOO--

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1 SUPERIOR COURT OF THE STATE OF CALIFORNIA

2 FOR THE COUNTY OF SAN BERNARDINO

3 --O0O--

4 XIAOSHU DE BOER, )
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5 PETITIONER, )
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6 -VS- ) CASE NO. FAMSS-1504837
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7 DAVID DE BOER, )
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8 RESPONDENT. )
)
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10 REPORTER'S TRANSCRIPT OF PROCEEDINGS

11 BEFORE HON. KHYMBERLI S. APALOO, JUDGE

12 DEPARTMENT S-47

13 SAN BERNARDINO, CALIFORNIA

14 WEDNESDAY, APRIL 26, 2017

15

16 APPEARANCES:

17 FOR THE RESPONDENT: MARIE MORENO MYERS

ATTORNNEY AT LAW
18 3895 TWELFTH STREET
RIVERSIDE, CA 92501
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25 REPORTED BY: FRED BERZAK, CSR NO. 5815

OFFICIAL REPORTER
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1 REPORTER'S CERTIFICATE

7 I, FRED BERZAK, CSR, OFFICIAL REPORTER OF THE

8 ABOVE-ENTITLED COURT, DO HEREBY CERTIFY:

9 THAT I AM A CERTIFIED SHORTHAND REPORTER OF THE

10 STATE OF CALIFORNIA, DULY LICENSED TO PRACTICE; THAT I DID

11 REPORT IN STENOTYPE ORAL PROCEEDINGS HAD UPON HEARING OF THE

12 AFOREMENTIONED CAUSE AT THE TIME AND PLACE HEREINBEFORE SET

13 FORTH; THAT THE FOREGOING PAGES NUMBERED 1 THROUGH 5,

14 INCLUSIVE, CONSTITUTE TO THE BEST OF MY KNOWLEDGE AND BELIEF A

15 FULL, TRUE, AND CORRECT COMPUTER-AIDED TRANSCRIPTION FROM MY

16 SAID SHORTHAND NOTES.

17 DATED THIS 21ST DAY OF JUNE, 2017.

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24 ________________________________CSR

25 OFFICIAL REPORTER, CSR NO. 5815

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