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ELIA WEINBACH
NO. SD026673
APPEARANCES: FOR THE PETITIONER: LAW OFFICES OF MICHAEL STOLLER BY: MICHAEL STOLLER 23945 CALABASAS ROAD SUITE 106 CALABASAS, CA (818) 226-4040
1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE COURT: SD026673. MR. STOLLER: GOOD MORNING, MICHAEL STOLLER ON DANIEL COOPER AND MAEVE COOPER, CASE NUMBER: CASE NAME: LOS ANGELES, CALIFORNIA, DEPARTMENT NO. 2D REPORTER TIME: APPEARANCES: SD026673 COOPER VS. COOPER WEDNESDAY, JANUARY 19, 2011 HON. ELIA WEINBACH GINGER WELKER, CSR #5585 11:25 A.M. (SEE TITLE PAGE)
BEHALF OF THE PETITIONER MAEVE COOPER CROMMIE WHO IS PRESENT AT COUNSEL TABLE. THE COURT: AND MR. COOPER IS HERE.
MISS CROMMIE AND MR. COOPER, IF YOU WOULD PLEASE RAISE YOUR RIGHT HAND TO BE SWORN BY THE CLERK. THE CLERK: YOU, AND EACH OF YOU, DO SOLEMNLY
STATE THAT THE TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT SHALL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? IF YOU AGREE, PLEASE SAY "I DO." THE PETITIONER: THE RESPONDENT: THE COURT: I DO. I DO. I HAVE RECEIVED
TODAY -- FROM MR. COOPER ORDER TO SHOW CAUSE RE MODIFICATION OF FORECLOSURE OF HOME. AND IT IS
2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FILING? MR. STOLLER: YES. I JUST RECEIVED IT TODAY IN MR. STOLLER, DID YOU RECEIVE A COPY OF THIS
COURT, YOUR HONOR, BUT -- OUTSIDE COURT, BUT IT LOOKS LIKE HE IS SERVING THIS WITH THE IDEA THAT THAT HEARING WILL GO FORWARD TODAY. THE COURT: I ALSO RECEIVED A MOTION TO COMPEL
FROM MR. COOPER, MOTION TO COMPEL, FOR THE REQUEST OF DOCUMENTS FOR INSPECTION AND COPYING. DID YOU RECEIVE THAT AS WELL? MR. STOLLER: THE COURT: I DID, YOUR HONOR. AND THEN FINALLY -- WELL, NOT FINALLY.
I RECEIVED A -- AN INCOME AND EXPENSE DECLARATION DATED JANUARY 19TH, 2011 TODAY WITH ATTACHMENT AND ALSO -THIS IS A LOOSE -- I'M NOT SURE WHAT THIS IS. MR. STOLLER: THAT IS AN I&E CALCULATION THAT I
SUBMITTED TO THE COURT BASED UPON SOME NOTES AT THE LAST HEARING ON NOVEMBER 19TH. ONE. YOU HAD ORDERED ME TO PREPARE
THE PARTIES AT THE TIME OF THE LAST HEARING, SO I WASN'T SURE IF IT WAS IN THE FILE. FROM MY OFFICE. AS WELL. THE COURT: LET ME JUST DESCRIBE WHAT IT IS. IT I APOLOGIZE. SO WE HAD THAT FAXED OVER I GAVE ONE TO MR. COOPER
SAYS "CALCULATIONS RESULT, SUMMARY AND DETAIL," AND IT IS FOUR PAGES? MR. STOLLER: THE COURT: CORRECT, YOUR HONOR. MR. COOPER, DO YOU HAVE A COPY OF
3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THAT? THE PETITIONER: MR. STOLLER: IT, MICHAEL STOLLER. THE COURT: THROUGH 5. SHEET? MR. STOLLER: AT MY COUNSEL TABLE. THE COURT: ALL RIGHT. IS THERE ANY CALCULATION THAT IS, YOUR HONOR. I HAVE IT HERE IT DOES, AND IT ALSO HAS PAGE 2 YES, YOUR HONOR.
OF FAX COVER SHEET BECAUSE -- BECAUSE THE PROBLEM IS THIS FILING WITHOUT -- I COULDN'T TELL FROM ITS FACE WHO IT IS FROM. MR. STOLLER: SURE. I MADE ANOTHER -- I HAVE ONE
TO PRESENT TO THE COURT. THE COURT: JUAN, MAKE TWO COPIES, ONE FOR THE ALL RIGHT. WITH RESPECT
TO THE FILINGS OF MR. COOPER, TODAY IN PARTICULAR, THE FIRST ONE, THE OSC TO MODIFY SAYS FORECLOSURE OF HOME. MY UNDERSTANDING IS THAT THIS -- THE PURPOSE OF TODAY'S HEARING WAS TO DETERMINE WHY THE COURT SHOULD NOT GRANT THE PETITIONER'S APPLICATION TO COMPEL MR. COOPER TO COMPLY WITH THE JUDGMENT. THANK YOU. LET ME DO ONE THING AT A TIME. I HAVE BEEN GIVEN A COPY OF
THE FAXED COVER SHEET AND FROM MR. STOLLER'S OFFICE TO HIMSELF. MR. COOPER, DO YOU HAVE A COPY OF THAT?
OFFICE FAXED IT TO HIM IN COURT. IS THAT CORRECT, MR. STOLLER? MR. STOLLER: ATTENTION. THE COURT: ALL RIGHT. ALL RIGHT. THAT WILL BE YES, TO THIS NEXT -- TO MY
FILED WITH THE COURT FILE AS WELL AS THE FILINGS OF MR. COOPER. LET ME JUST REFRESH MY MEMORY HERE. ON JANUARY 14TH, THE COURT ORDERED RESPONDENT TO PROVIDE TO THE COURT HIS OPPOSITION TO PETITIONER'S EX PARTE WHICH IS -- THE COURT DENIED. AND THE ISSUE WAS WHY THE COURT SHOULD NOT REQUIRE RESPONDENT TO SIGN -- I'M TRYING TO READ MY OWN HANDWRITING -- THE INTERSPOUSAL TRUST DEED IMMEDIATELY IN ORDER TO EFFECT THE TERMS OF PARAGRAPH 14 OF THE JUDGMENT DATED JULY 7TH, 2009. AND I TAKE IT, MR. COOPER, YOUR POSITION IS THAT YOUR RESPONSE THAT YOU FILED TODAY IS -- YOU ARE IN THOSE PAPERS ATTEMPTING TO CONVINCE THE COURT WHY YOU SHOULD NOT BE ORDERED TO COMPLY WITH THE JULY 2009 ORDER; IS THAT CORRECT? THE PETITIONER: NEED TO ASK THE COURT: THE COURT: YES. YOUR HONOR, ELIA WEINBACH, ARE YES, BUT THERE IS SOMETHING I
THE PETITIONER:
5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 YOU RECEIVING PAYMENTS FROM LA COUNTY? THE COURT: EXCUSE ME? ARE YOU RECEIVING PAYMENTS FROM
RELEVANCE OF YOUR QUESTIONING THE COURT AS TO WHETHER OR NOT I AM RECEIVING PAYMENTS FROM LA COUNTY. WHAT IS --
WHAT DOES THAT HAVE TO DO WITH WHETHER OR NOT THIS COURT HAS THE POWER TO ORDER YOU TO SIGN AN INTERSPOUSAL DEED? THE PETITIONER: YOUR HONOR, UNDER CODE OF
JUDICIAL ETHICS, YOU ARE REQUIRED TO DISCLOSE THAT INFORMATION. IT SAYS RIGHT HERE -- LET'S SEE, UNDER "YOU MUST DISCLOSE
THE MONEYS YOU RECEIVED FROM LA COUNTY IN ALL TRIAL PROCEEDINGS. A JUDGE SHALL DISCLOSE ON THE RECORD
INFORMATION THAT IS REASONABLY RELEVANT TO THE QUESTION OF DISQUALIFICATION; EVEN IF THE JUDGE BELIEVES THERE IS NO ACTUAL BASIS FOR THIS QUALIFICATION, CANON 3E2 CODE OF JUDICIAL ETHICS." THE COURT: OKAY. MR. COOPER, YOU ARE
REPRESENTING YOURSELF; CORRECT? THE PETITIONER: THE COURT: THAT WOULD BE CORRECT. THERE
ARE GROUNDS TO MOVE TO DISQUALIFY A JUDGE. YOU WHAT THEY ARE. ADVICE.
I CAN'T TELL
AND INQUIRE, OR YOU CAN SEEK ADVICE FROM COUNSEL. BUT UNLESS THERE IS A MOTION TO DISQUALIFY
6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ME, THIS PROCEEDING IS NOT A PROCEEDING FOR THE COURT TO ANSWER YOUR QUESTIONS OR FOR THAT MATTER MISS CROMMIE'S QUESTIONS UNLESS THEY ARE RELEVANT TO THE PROCEEDING BEFORE US. THE PROCEEDING BEFORE US IS A VERY SIMPLE
ONE WHICH IS THAT THERE WAS AN ORDER IN JULY 2009 WHICH REQUIRED YOU -- AND LET ME JUST GET THE ORDER -- JULY 9, 2009 ORDER -- JULY 7, 2009 JUDGMENT PROVIDED -THE PETITIONER: YOU CAN LOOK AT THE MINUTE ORDERS
ON 5/26/09 IT STATES AS FOLLOWS -THE COURT: EXCUSE ME. EXCUSE ME. IN PARAGRAPH
14 WHICH IS TITLED 12618 BROOKLAKE STREET PROPERTY FAMILY HOME -- AND I'M NOT READING THE ENTIRE PARAGRAPH, BUT IT SAYS IN THE RELEVANT PART, "IT IS ORDERED BY THE COURT THAT MAEVE COOPER" -- THE PETITIONER -- THE PETITIONER IS NOT IN THE JUDGMENT -- "IS THE OWNER OF THE PROPERTY AT 12618 BROOKLAKE STREET, LOS ANGELES, CALIFORNIA 90066. MAEVE COOPER HAS 120 DAYS TO AT THE TIME OF REFINANCE,
DANIEL COOPER MUST COOPERATE AND SIGN TRANSFER OF OWNERSHIP WITH ANY REQUIRED DOCUMENTATION." THE COURT MADE A DETERMINATION THAT MISS COOPER WAS THE OWNER, AND IT IS THE COURT'S UNDERSTANDING THAT MR. COOPER HAS NOT EXECUTED A QUITCLAIM DEED OR IN OTHER DOCUMENTATIONS TO SATISFY BANKS OR OTHER PARTIES; THAT SHE IS THE SOLE OWNER OF THE PROPERTY: SO THE ONLY ISSUE HERE IS WHETHER OR NOT THE COURT OUGHT TO ORDER YOU TO COMPLY. HOWEVER, SINCE YOU
7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HAVE BROUGHT TO THE ATTENTION TWO THINGS TO THE COURT -ONE IS YOU FILED A FAIRLY LENGTHY RESPONSE WHICH NEITHER THE COURT NOR MR. STOLLER PRESUMABLY HAVE HAD A CHANCE TO REVIEW. AND YOU HAVE JUST MOST RECENTLY SUGGESTED BY IMPLICATION THAT YOU BELIEVE THAT THERE ARE GROUNDS -OR BELIEVE THERE ARE GROUNDS FOR DISQUALIFICATION OR DISCLOSURE. I'M GOING TO GIVE YOU AN OPPORTUNITY TO GO
TO ROOM 426 IN THIS BUILDING AND COME BACK AT 2:30. THAT WILL GIVE MR. STOLLER TIME, TOO, AND THE COURT HOPEFULLY WILL HAVE TIME TO REVIEW THE PAPERS THAT YOU HAVE FILED LATE AND ALSO TO TAKE WHATEVER ACTION YOU DEEM APPROPRIATE WITH RESPECT TO THE COURT'S OBLIGATIONS TO COMPLY WITH CALIFORNIA CODE OF CIVIL PROCEDURE 170.6 AND THE CANON OF JUDICIAL ETHICS.
SO WE WILL SEE YOU BACK AT 2:30. MR. STOLLER: MAY I BE HEARD? I APPRECIATE THE IF IT IS 170.6
GROUNDS, THE TIME FRAME FOR THAT HAS TO BE DONE AT COMMENCEMENT OF THE PROCEEDING AS THE COURT IS AWARE OF. IF THERE ARE OTHER GROUNDS, IT HAS TO BE PRESENTED BY AN APPROPRIATE MOTION, EVEN EX PARTE. AND NOT WITHSTANDING
HIM NOT BEING REPRESENTED, THERE WOULD BE NO TIME FOR THAT TO BE HEARD BY THE COURT TODAY. I DON'T BELIEVE THERE IS ANY BASIS FROM THEIR -- THIS IS MY THIRD PROCEEDING THAT I'M AWARE OF, AND THIS WAS TRANSFERRED FROM SAN MONICA TO YOUR HONOR -- THAT WOULD ALLOW THE GROUNDS UNDER THE OTHER
8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DISCOVERY. PROVISIONS OF 170 IN ITS SEQUENCE. THAT. BUT THERE ARE TWO THINGS: IS THE PROXIMITY TO THE SALE DATE. THE COURT: MR. STOLLER: IS IT THE 24TH? 24TH, NUMBER ONE. THE PAPERS THAT ONE AS YOU KNOW SO I DO APPRECIATE
MR. COOPER FILED TODAY ALTHOUGH HE HAS INDICATED THAT HE FILED THEM -- IT IS REALLY NOT A RESPONSE. IT IS
ANOTHER OSC WHICH SHOULD BE SET, IF ANYTHING, ON AN EX-PARTE BASIS, SHORTENED TIME. BUT IT IS TALKING ABOUT ASKING FOR I LOOKED THROUGH IT, BUT THERE IS NOTHING
RELEVANT OR ON POINT TO OUR EX PARTE WHICH THE COURT INDICATED THAT THE RESPONSE SHOULD BE IN AHEAD OF TIME. SO I THINK IF THE COURT IS INCLINED TO PROVIDE HIM SOME OPPORTUNITY, THE END RESULT IS THAT THERE IS NOTHING BEFORE THE COURT THAT WOULD PREVENT FROM MOVING FORWARD ON THE -- ON THE MATTERS BEFORE IT. THE OTHER MATTER IS CONTINUATION OF THE OSC WHICH I THINK THE COURT MAY BE AWARE OF FROM NOVEMBER 19TH. HAD TO DO WITH THE SUPPORT FOR THE CHILD CARE. THE COURT: MR. STOLLER: THE COURT: I'LL MAKE DECISIONS AT 2:30. OKAY. THE ONLY REASON THAT I'M -- I AM IT
SAYING 2:30 IS TO AFFORD THE RESPONDENT AN OPPORTUNITY TO FILE -- I HAVE NO IDEA OF WHAT THE BASIS FOR ANY -EITHER DISQUALIFICATION OF RECUSAL. I HAVE NO IDEA.
9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE COURT: WE WILL GO BACK ON THE RECORD FOR FIVE I HAVE A HANDWRITTEN (UNRELATED MATTERS WERE HANDLED BY THE COURT.) OPPORTUNITY TO DO SO. IF HE IS UNABLE TO CONVINCE ME THAT THERE A PROBLEM OR WHAT HE IS DOING IS ACTUALLY FILED, I'LL MAKE A RULING ON THAT. AND THEN I INTEND TO RULE ON -- IN
THE APPLICATION OF THE PETITIONER TO ORDER MR. COOPER TO SIGN THE INTERSPOUSAL DEED. MR. STOLLER: OKAY. THANK YOU, YOUR HONOR. I
GUESS WE WILL SEE YOU AT 2:30. THE COURT: NOW, I HAVE GOT A LENGTHY MATTER, BUT
WE WILL -- WE ARE GOING TO DEAL WITH THIS TODAY. THE PETITIONER: SO TODAY IS -- ONLY DEALT WITH
HIS EX PARTE ON FRIDAY, THE 14TH, AND AS NOT -- DOES NOT HAVE ANYTHING TO DO WITH THE CHILD SUPPORT THAT WAS INITIALLY FILED ON JANUARY 17TH OF 2010? THE COURT: I DIDN'T SAY THAT. OH, ALL RIGHT.
THE PETITIONER: THE COURT: THE DEED. MR. STOLLER: THE COURT:
DO YOU HAVE A COPY, MR. STOLLER? MR. STOLLER: I DO, YOUR HONOR.
10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE COURT: THE COOPER MATTER. THE PARTIES ARE (BRIEF RECESS) THE COURT: WE'LL TAKE FIVE MINUTES.
HERE AND MR. STOLLER, THE ATTORNEY FOR THE PETITIONER, IS HERE. I RECEIVED A TWO-PAGE HANDWRITTEN DOCUMENT
ENTITLED -- FROM MR. COOPER, THE RESPONDENT, ENTITLED MOTION TO VOID ALL ORDERS AND JUDGMENTS BASED ON THE FRAUD -- BASED UPON THE FRAUD ON THE COURT OF JUDGE ELIA WEINBACH." I'M GOING TO RULE ON THIS MOTION, BUT I NEED TO CHECK SOME THINGS. ORDERED TO REMAIN HERE. THE PARTIES AND COUNSEL ARE AFTER I RULE ON THIS MOTION IN
THE EVENT THAT I DENY THE MOTION, I INTEND TO RULE UPON THE MOTION OR EX-PARTE APPLICATION OF MISS CROMMIE AS I UNDERSTAND THE TIME SENSITIVITY. THIS IN CHAMBERS. SO I'M GOING TO TAKE
AND I'LL BE BACK TO YOU. TAKE A RECESS. THE PETITIONER: MAY I ASK? THE COURT:
SUBJECT BUT JUST STAY HERE -- OR AT LEAST STAY WITHIN THE CONFINES SO WE CAN GET AHOLD OF YOU. MR. STOLLER: THE COURT: THANK YOU, YOUR HONOR. THANK YOU.
REPRESENTING MISS CROMMIE IS ALSO HERE. DON'T THINK I NOTED. AROUND 3:00.
I DON'T REMEMBER THE EXACT TIME, 3:00 P.M. AND I AM GOING TO ORDER THE PARTIES TO COME
I NEED TO DO FURTHER
I WILL INTERRUPT WHATEVER WE ARE DOING AT 10:30 TO ACCOMMODATE YOU BECAUSE I KNOW YOU HAVE BEEN PATIENT THROUGHOUT THE DAY. AND AS I INDICATED IF I
DENY THE -- MR. COOPER'S MOTION, I INTEND TO GO STRAIGHT TO THE MOTION OF MISS CROMMIE. AND SO YOU -- BOTH OF
YOU SHOULD BE PREPARED TO RESPOND TO THAT. MR. STOLLER: YOUR HONOR, IF I MAY INQUIRE, IS IT
GOING TO BE SOLELY EXPLICIT TO THAT, OR ARE WE ALSO GOING TO DEAL WITH THE CONTINUATION OF THE OSC THAT WAS -THE COURT: TOMORROW BUT -MR. STOLLER: THE COURT: IT IS SECONDARY TO THE OTHER ISSUE. WELL, THAT'S WHAT I'M SAYING. IT IS I DON'T KNOW WHAT MY SCHEDULE IS
NOT TIME SENSITIVE, BUT I'LL TRY TO DO AS MUCH AS I CAN. I JUST CAN'T PROMISE IT. I AM DOING IT BECAUSE I WANT ONE, IN THE
12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (THE PROCEEDINGS WERE THEN CONCLUDED.) THE -- OF THE JANUARY 24TH DATE. MR. STOLLER: REARRANGE THAT. ALL RIGHT. I'LL TRY TO
AS FAR AS THIS ISSUE, I THINK IT'S STRAIGHTFORWARD. WILL TRY TO MAKE MYSELF AVAILABLE, YOUR HONOR. YOU. THE COURT: TOMORROW. OKAY. THANK YOU. WE WILL SEE YOU
I THANK
COURT RESERVES JURISDICTION OVER ALL OTHER MATTERS. MR. STOLLER: THANK YOU.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES DEPARTMENT 2D MAEVE COOPER, HON. ELIA WEINBACH
NO. SD026673
STATE OF CALIFORNIA
SS.
I, GINGER WELKER, OFFICIAL REPORTER OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF LOS ANGELES, DO HEREBY CERTIFY THAT THE TRANSCRIPT DATED JANUARY 19, 2011 COMPRISES A FULL, TRUE, AND CORRECT TRANSCRIPT OF THE PROCEEDINGS HELD IN THE ABOVE ENTITLED CAUSE. DATED THIS 19TH DAY OF JANUARY, 2011.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TODAY'S DATE:
I N V O I C E SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
GINGER WELKER, CSR #5585 P.O. BOX 220652 SANTA CLARITA, CA 91322
IN RE:
ORIGINAL & 1 COPY & 2 ASCI'S OVERNIGHT DELIVERY DEPOSIT RECEIVED COST OF TRANSCRIPT REFUND DUE $63.00 $63.00 $000
THANK YOU!