76

-.-------

DOWN. FURTHER WITNESSES? MS. MACCARLEY: THE COURT: NO FURTHER WITNESSES.

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

PLAINTIFF REST. YES. I WANTED TO MAKE SURE THE

MS. MACCARLEY:

CHAIN OF TITLE RECORDS ADMITTED. THE COURT: ALREADY ADMITTED ONE THROUGH EIGHT. YES. ONE

MS. MACCARLEY: THROUGH EIGHT.

THAT'S FINE. I WOULD LIKE TO CALL ALICIA

MR. CASTANEDA: CASTANEDA TO THE STAND. ALICIA. THE COURT:

DOES SHE SPEAK ENGLISH? NO.

MR. CASTANEDA: THE COURT: HER? MR. CASTANEDA: FOR HER; IS THAT POSSIBLE? MS. MACCARLEY: THE COURT:

DO YOU HAVE SOMEONE TO INTERPRET FOR

I THINK CHRISTINA CAN INTERPRET

SHE IS A PARTY. DO .YOU

YOU SHOULDN'T HAVE A PARTY.

WANT T6 TAKE A LOOK IN THE HALLWAY TO SEE IF SOMEBODY SPEAKS SPANISH, OR DO YOU HAVE A FRIEND WITH YOU? MR. CASTANEDA: THE COURT: INTERPRETER. AVAILABLE. HOW LONG IS HER TESTIMONY, YOU THINK? MR. CASTANEDA: JUST TO TESTIFY REGARDING THESE NO, I DON'T.

I DON'T HAVE AVAILABLE A SPANISH

WE CAN CHECK AND SEE IF THERE IS ANYBODY

77

_____________

0_

SO CALLED

BONA

F IDE--'I'RANS . FER GIVE ME IDEA TIMEWISE. FIFTEEN MINUTES. IN

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

THE COURT:

MR. CASTANEDA: THE COURT: CRIMINAL

DO YOU WANT TO SEE IF SOMEBODY MAYBE THEY

HAS A FEW MINUTES, IF THEY

CAN COME ON DOWN. HAVE ANYBODY.

SAY NO, THEY DON'T

(RECESS. )

ALICIA CALLED DULY AS A WITNESS

CASTANEDA, OF THE DEFENSE WAS

ON BEHALF

SWORN

AND TESTIFIED

AS FOLLOWS:

THE CLERK: SWORN.

PLEASE

RAISE YOUR

RIGHT

HAND

TO BE

YOU DO SOLEMNLY YOU MAY GIVE SHALL TRUTH,

SWEAR

THAT

THE TESTIMONY THIS COURT

IN THE CAUSE NOW PENDING THE WHOLE TRUTH

BEFORE

BE THE TRUTH, SO HELP

AND NOTHING

BUT THE

YOU GOD.

THE COURT: PLEASE. THE WITNESS: THE CLERK: THE WITNESS STAND.

HAVE THE WITNESS

STATE

HER NAME,

YES. THANK YOU. PLEASE TAKE A SEAT IN

CAN YOU PLEASE FOR THE RECORD. THE WITNESS: ALICIA

STATE AND

SPELL

YOUR NAME

CASTANEDA

SALAZAR.

78

1
THE WITNESS: 2 COURT:
3

THE C-A-S-T-A-N-E-D-A, CLERK: THANK YOU. MR. SPELL IT. A-L-I-C-I-A, GOCASTANEDA. AHEAD, THE CLERK:

5
6

7 8 9 10 11 12 13 14 15
16

DEFENSE CASE-IN-CHIEF

DIRECT

EXAMINATION

THE WITNESS: DIDN'T BRING THEM. THE COURT:

AM I GOING TO NEED MY GLASSES?

ARE THEY DOWN IN YOUR PURSE?- BRING

YOUR PURSE BACK WITH YOU, IN CASE SOMEBODY COMES IN AND BORROWS IT FROM YOU.

17
18

(PAUSE.)

19 20 21 22
23

THE COURT:

WE ONLY HAVE THE INTERPRETER FOR A

LIMITED PERIOD OF TIME. MR. CASTANEDA: TRANSFER. I AM LOOKING FOR THAT $25,000

I THINK IT WAS HERE. THE COURT: WANT TO ASK THE WITNESS ABOUT IT. SPANISH OR ENGLISH?

24 25 26 27 28 / / / / /

MR. CASTANEDA:

THE COURT:

YOU ASK IT IN ENGLISH. MAY I USE THIS AS WELL?

MR. CASTANEDA: THE COURT:

YOU CAN USE ANYTHING YOU WANT.

I'::)

1 2 3 4 5 6 7

BY MR. CASTANEDA Q

.~._.-

DO YOU REMEMBER GOING ON JANUARY 14, 2006, TO

THE OFFICE OF AMADOR REYES? A WHEN? EXCUSE ME. YOU CAN'T SPEAK SPANISH.

THE COURT: BY MR. CASTANEDA Q

JANUARY 4, 2006.

8 9

A Q

NO. OKAY.

ARE YOU -- THERE'IS AN EXHIBIT THERE

10 I NUMBER SIX, WILL YOU LOOK AT EXHIBIT SIX. 11 12 13 14 15 16 17 18 THE COURT: TO NUMBER SIX. IT'S IN THE BOOK, THE BINDER. TURN

IT SAYS GRANT DEED. I WAS PRESENT WHEN THEY MADE THE

THE WITNESS: GRANT DEED. BY MR. CASTANEDA Q A Q NO.

WERE YOU PRESENT

WHEN MY MOTHER ~OUGHT THE HOUSE, THE RUTAN WAY. THIS AS GRANT DEED TRANSFER?

19
20

A
Q

NO.
OKAY. SHE WASN'T THERE ON JANUARY 4, 20067

21 22 23 24 25

A Q

NO. YOU LOOK AT THAT DOCUMENT AGAIN. CAN THE INTERPRETER: WHICH DOCUMENT?

BY MR. CASTANEDA Q WHAT LANGUAGE IS IT.

26
27
28 I

A
Q
A

ENGLISH.
DO YOU READ ENGLISH?
NO.

80

lITHE 2 I

COURT:

HOW DOES THIS WITNESS READ ENGLISH? YES. SHE DOESN'T -- I AM TRYING

MR. CASTANEDA:

3 4 5 6 7

I TO

-- I AM THE COURT: SHOW DOCUMENT IS CLEARLY IN ENGLISH, TRYING TO THE AND THE WITNESS IS USING

THERE IS NO QUESTION ABOUT IT. AN INTERPRETER. MR. CASTANEDA:

WELL, AS REDUNDANT AS IT MIGHT

8 I BE TO PRESENT TO THE COURT THAT MY MOTHER, JUST LIKE MY 9 I SISTER, DIDN'T READ ENGLISH AS WELL, AND UNDERSTOOD WHAT 10 11 12
13

THEY WERE SIGNING. THE COURT: ASK HER IF SHE KNOWS FELICITAS WAS

ABLE TO READ OR WRITE IN ENGLISH. BY MR. CASTANEDA Q DID YOU FELICITASS GRANTED THE TRANSFER OF THIS

14
15 16

PROPERTY TO HER KIDS? THE INTERPRETER: BY MR. CASTANEDA Q TO EVELYN, CHRISTINA AND ALONSO MANUEL? TO WHOM?

17 18

19
20 21 22 23 24 25 26 27 28

NO.
MS. MACCARLEY: OBJECTION. THERE IS NO QUESTION

PENDING. THE WITNESS: THE COURT: THE WITNESS: I KNEW -LET'S GET THE ANSWER. -- THE SON HAD TRANSFERRED, PUT

HER CHILDREN BECAUSE MY MOTHER WAS NOT ABLE TO OWN A HOUSE, BECAUSE THAT WAY SHE DIDN'T HAVE THE RIGHT TO HAVE MEDICAL AND MEDICARE. THE COURT: THE OBJECTION WILL BE SUSTAINED AS

81

1 2 3 4 5 6 7

BEIJ)LGdIONRESPONSIVE TO THE QUESTION . MR. CASTANEDA: OKAY.

MAY I ASK THE QUESTION

I
I

AGAIN? THE COURT: BY MR. CASTANEDA Q WHAT WAS YOUR UNDERSTANDING THAT THIS GRANT DEED ASK A QUESTION.

WAS DONE FOR THE BENEFIT OF FELICITAS CASTANEDA? MS. MACCARLEY: THE COURT: OBJECTION. MS. MACCARLEY: THE COURT: OBJECTION. LACKS FOUNDATION. OBJECTION.

8 I 9 I 10 11 12
13

DON'T ANSWER UNTIL I RULE ON THE

SUSTAINED.

YOU HAVE TO LAY A BASIS FOR HER TO HAVE A BELIEF AS TO WHAT THE DOCUMENT MEANT, OR WHAT SHE THOUGHT THE DOCUMENT WAS FOR. AS OF NOW THAT I DON'T EVEN KNOW IF SHE WAS

14 15
16

17 18

I
I

THERE.

MR. CASTANEDA:

NO.

SHE WASN'T THERE, YOUR

19 I HONOR.

20 21 22 23 24 25 26

THE COURT:

THAT'S GOING TO BE DIFFICULT FOR HER

TO SAY WHAT WAS INTENDED BY THE EXECUTION OF THE DOCUMENT. YOU HAVE TO LAY A FOUNDATION FOR ANY OPINION THAT SHE HAS. MR. CASTANEDA: THE WITNESS: THE COURT: QUESTION. OKAY. MAY I SAY SOMETHING? YOU HAVE TO WAIT UNTIL HE ASKS YOU A

27 28

I BY

MR. CASTANEDA TO -- PRIOR TO THIS CHANGE, THERE WAS A Q PRIOR

82

1 2 3 4 5 6 7 8 9 10

LOAN TAKEN ON THE HOUSE, RIGHT? A YES. MS. MACCARLEY: THE COURT: OBJECTION. LACKS FOUNDATION.

DO YOU KNOW IF A LOAN WAS TAKEN ON

THE PROPERTY AT -- I CAN'T REMEMBER THE ADDRESS. MR. CASTANEDA: THE WITNESS: THE COURT: BY MR. CASTANEDA Q AND FOR HOW MUCH WAS THE LOAN? 1377 RUTAN WAY. YES. NEXT QUESTION.

11 12
13 14 15 16

A Q
A

$100,000. AND WHAT HAPPENED TO THAT MONEY?

WELL, THEY GAVE THE MONEY TO MY BROTHER GONZALO AND LOOKS THE WAY MY

I
I I

IN ORDER FOR HIM TO BUY A HOUSE.

I MOTHER

TOLD ME SHE COULDN'T HAVE MONEY IN THE BANK BECAUSE THAT'S WHAT SHE

SHE GOING TO LOSE MEDICARE AND MEDICAL.

17 18 19
20

TOLD Q SUSANA. NOW, WHEN ON DECEMBER 22, 2005, YOU ACCOMPANIED FELICITAS CASTANEDA, AND WHO ELSE TO THE BANK? A CHRISTINA, MY MOTHER AND MYSELF. WHO DROVE THAT DAY? IN ORDER FOR US TO GO TO THE BANK? RIGHT,

21 22

I I

Q A Q

23 I

24 25

A Q

CHRISTINA KNOW THE AND DO YOU TOOK US. LOCATION OF THAT BANK?

26 \ 27 28

A Q
A

LAKE -- UP LAKE. ALTADENA MAYBE? ALTADENA.

83

-.l 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

84

1
2 3
4

DO YOU RECOGNIZE:_TBE THIS YES. THAT'S CHRISTINA'S ONE?

SIGNATURE?

A Q

AND THIS OTHER

ONE IS MY

5 6 7

MOTHER'S.
Q

SO, THIS UH-HUH,

IS A DEPOSIT YES. ...

FOR $10,OOO?

A
Q

8
9 10

WHAT ABOUT I DON'T

A
Q

KNOW.

CAN YOU LOOK AT THE DATE ON THAT? JANUARY 12, '06. ONE FOR $10,OOO?

11
12 13 14 15

A
Q

IT'S THE SAME AS THIS OTHER YES. SOMEBODY WELL MADE A DEPOSIT?

A
Q

A
Q

-- NO.

I DO NOT REMEMBER. IS STILL THERE?

16
17 18 19 20

AS FAR AS YOU KNOW THE MONEY SUPPOSEDLY. SO, THE MONEY YES. LET ME -- ARE YOU AWARE THOUSAND THERE SHOULD

A
Q

BE IN THAT

ACCOUNT,

RIGHT?

A
Q

IS ANOTHER

21
22 23 24 25 26 27

INVESTMENT A

FOR A HUNDRED YES. AND THAT

DOLLARS?

Q
OVER

INVESTMENT

WAS SUPPOSEDLY MANAGED OVER

MANAGED TELEPHONE

-- PURPORTEDLY

-- ALLEGEDLY

WITHDRAWALS? A ANGELES THAT'S SANWA WHAT THEY

SAY.

BUT THAT WAS MADE IN LOS

BANK. THEN, THERE ARE TWO INVESTMENTS, SOME

28

YOU KNOW,

85

1 I WERE -- ONE MADE ON DECEMBER 22, 2

AND THE OTHER ONE -- THE I DON'T HAVE THE EXACT

OTHER ONE WAS MADE YEARS EARLIER.

3 4 5 6 7 8 9

I DATE

WITH ME. MACCARLEY: MS.

OBJECTION. IT'S HEARSAY.

LACKS FOUNDATION.

CALLS FOR SPECULATION. THE COURT: THIS. BY MR. CASTANEDA Q

LAY A FOUNDATION OF HER KNOWLEDGE OF

SO, YOU ARE SAYING YOU WENT INTO A BANK ON

lO 11

DECEMBER 22ND WITH MISS PLAINTIFF DRIVING BANK. AS THE PLAINTIFF DRIVING, THE CHRISTINA, TO A -- WITH LONG

l2 I AS -- AS FAR AS YOU KNOW, THE MONEY IS STILL THERE, RIGHT?

13

A Q

THAT'S THE WAY WE LEFT IT. THAT'S THE WAY YOU LEFT IT. MR. CASTANEDA: SHOULD I PRESENT THIS REGARDING

14 15 16
l7

THE OTHER INVESTMENT? THE COURT: BEFORE YOU GIVE ANYTHING TO THE

l8 19 20 21 22 23 24 25 26 27 28

WITNESS SHOW THE OTHER ATTORNEY FIRST. MR. CASTANEDA: MS. MACCARLEY: COMPLETELY IRRELEVANT. JANUARY 17, 2007. THIS IS TWO YEARS LATER. IT'S

IT HAS TO BEARING ON ANYTHING THAT THIS IS SOMETHING IN

I HAVE HEARD REGARDING TESTIMONY. JANUARY l7, 2007. JOSE CASTANEDA. THE COURT: TO STRIKE.

DOESN'T HAVE ANYBODY'S NAME ON EXCEPT

LET ME HEAR IT SUBJECT TO A MOTION

I DON'T KNOW WHERE WE ARE GOING WITH IT. THIS WAS A AN INVESTMENT TO JOSE CASTANEDA? MR. CASTANEDA: WHAT WAS THE QUESTION?

86

1
2

THE COURT_: THIS IS AN INVESTMENT TO YOU? MR. CASTANEDA: NO. THIS IS AN INVESTMENT THAT

I UNCOVERED IN 2007, ON JANUARY 17TH WHERE W. AND

4 5

FINANCIAL SERVICES LIKE THE THERE INVESTMENT THAT MY MOTHER $113,636.25. JUST INFORMED SAME IS A INVESTMENT FOR

6 I WAS -7

THE COURT:

I AM TRYING TO UNDERSTAND.

WHAT

8 I DOES THIS DOCUMENT SHOW ME?

9

MR. CASTANEDA: THE COURT:

IT'S VERY W. FINANCIAL.

10

SHOWS? THERE IS AN INVESTMENT FOR

11

MR. CASTANEDA:

12 I $113,000 FOR MRS. CASTANEDA IN HER NAME.

13

THE COURT:

GO AHEAD. YOUR HONOR, I AM GOING TO IT'S AN UNVERIFIED LETTER. THIS IS FROM WELLS FARGO

14 15 16 17 18 19 20 21 LETTER. OBJECT.

MS. MACCARLEY: THIS IS HEARSAY.

IT'S ABSOLUTELY IRRELEVANT.

BANK, ALL IT IS IS A LETTER, NO WITNESS. THE COURT: THERE IS NO SIGNIFICANCE TO THE

HE CAN ASK TO SEE IF HE CAN LAY A FOUNDATION TO

THIS WITNESS OF HER KNOWLEDGE OF THIS TRANSACTION,

ASSUMING IT HAS SOME RELEVANCE, WHICH I DONIT KNOW IT

22 I DOES.
23

MS. MACCARLEY:

BUT IT'S A LETTER WRITTEN BY A

24 25
26

I
I

PERSON AT WELLS FARGO BANK. NAME DOESN'T HAVE HER NAME ON IT. DOESN'T HAVE ANYBODY'S IT ON IT. THE COURT: IT COULD HAVE BEEN WRITTEN IN FRONT LET ME SEE WHAT THE

27
28

OF THIS WITNESS, FOR ALL I KNOW.

I SIGNIFICANCE OF IT IS.

87

1
2 I LETTER? 3 4 5

DO YOU WANT TO ASK ALICIA ABOUT THIS

MR. CASTANEDA:

FOR THE RECORD IT'S NOT WELLS WAMU FINANCIAL. WELLS

FARGO BANK.

IT'S W. FINANCIAL.

I
I

FARGO HAS NOTHING TO DO WITH THIS. WHEN I WAS DOING MY INVESTIGATION OF THE FINANCES THE COURT: ASK HER THE QUESTION. I AM TRYING TO.

6 I 7
8
9

MR. CASTANEDA: THE COURT:

10

JUST GET TO THE QUESTION.

11
12

I I

BY MR. CASTANEDA
Q

WHAT DO YOU KNOW ABOUT THE INVESTMENT MADE FOR

13
14 15

FELICITAS CASTANEDA? MS. MACCARLEY: THE COURT: OBJECTION. VAGUE AS TO TIME.

WHAT TIMEFRAME ARE YOU TALKING

16 I ABOUT?
17 18

WHAT IS THIS INVESTMENT? THE WITNESS: THE COURT: THIS INVESTMENT WAS -THE ONE YOU ARE ASKING HER ABOUT,

19
20

I I

WHAT TIMEFRAME WAS THAT? MR. CASTANEDA: IF SHE KNOWS THREE YEARS AGO AN

21
22 23 24 25

INVESTMENT THAT WAS DISCOVERED. THE COURT:

2007. 2007.

MR. CASTANEDA: THE COURT:

WHO MADE AN INVESTMENT, FELICITASS? THAT'S WHAT WE DON'T KNOW. YOU

MR. CASTANEDA:

26 27
28

KNOW WE HAVE YET TO FIND ON IT WHO MADE THE INVESTMENT FOR HER. THE COURT: YOU THINK ALICIA MIGHT KNOW.

88

1 I 2
3

MR. CASTANEDA: TO MY MOTHER. THE COURT:

YES.

BECAUSE SEE.WAJ:l~VERY CLOSE

DO YOU KNOW ANYTHING ABOUT AN

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

INVESTMENT FOR FELICITAS IN 2007?

THE WITNESS: ABOUT THE LOAN? BY MR. CASTANEDA Q A Q A Q NO.

NO.

BUT THIS ONE, ABOUT THE LOAN?

THE INVESTMENT.

THE INVESTMENT OF $100,000 IN LOS ANGELES? YES. THAT WAS 1997. 1997.

NOW, BUT THE LETTER IS DATED -- I WILL SHOW YOU

THE LETTER? THE COURT: THE LETTER IS NOT EVIDENCE. THE

DATE ON THE EVIDENCE, IT IS ONLY SIGNIFICANT IN THAT IT CHANGES HER MEMORY. THE LETTER IS NOT RECEIVED. CORRECT, YEAH.

MR. CASTANEDA: THE COURT: THE WITNESS:

THANK yOU. THIS INVESTMENT? THAT'S THE LOAN

ON A HUNDRED THOUSAND DOLLARS. BY MR. CASTANEDA Q A DID YOU TAKE ANY OF THAT MONEY? LOS ANGELES? NO.

24 25 26 27 28

AS FAR AS YOU KNOW THERE ARE TWO INVESTMENTS,

I AND
I I I

ONE WASHINGTON MUTUAL, AND THE OTHER ONE IS WASHINGTON

MUTUAL FOR $25,000. A $25,000, AND ONE HUNDRED THOUSAND DOLLARS ON THE INVESTMENT WAS DONE IN 1997.

THIS OTHER ONE.

89

OKAY.

LET ME ASK YOU THIS:

DID YOUR MOTHER

2 I KNEW (SIC) ABOUT BOTH INVESTMENTS? 3 I MS. MACCARLEY: OBJECTION. CALLS FOR

4 I SPECULATION. 5 6 7 8 9 10 THE WITNESS: THE COURT: BY MR. CASTANEDA Q WHEN YOU WENT TO THE BANK ON DECEMBER 22, 2005, YES. SUSTAINED.

AND WHEN THE PLAINTIFF WALKED WITH YOU IN THE BANK, WHY WERE YOU TRANSFERRING THOSE $25,OOO? A I TOLD YOU THE REASON, BECAUSE MY MOTHER WAS NOT

11
12 13 14 15
16

ABLE TO KEEP MONEY IN THE BANK BECAUSE OF MEDICARE AND MEDICAL. BECAUSE SUSANA TOLD HER THAT SHE COULDN'T KEEP

THEM THERE, NOT EVEN A HALF UNDER HER NAME.

AND ONE OF MY COUSIN AND MYSELF, WE WENT WITH MY MOTHER BEFORE A NOTARY PUBLIC TO ASK IF SHE WAS ALLOWED TO OWN A HOUSE AND TO HAVE MEDICAL AND MEDICARE. AND THE NOTARY SAID, YES, THAT SHE CAN HAVE A HOUSE AND TO GIVE MEDICARE AND MEDICAL. Q SIGNED? A ALSO, NO. Q A Q DO YOU KNOW AMADOR REYES? YES. WHY DO YOU THINK FELICITAS CASTANEDA WENT TO NO. NOT THIS ONE. NO, NOT THIS ONE. EVELYN WERE YOU PRESENT WHEN THIS GRANT DEED WAS

17
18 19

20 21 22
23 24

25 26 27
28

SIGN OVER HER HOUSE TO HER KIDS? MS. MACCARLEY: OBJECTION. CALLS FOR

90

1
2

SPECULATION. THE COURT: SUSTAINED. LACKS FOUNDATION. HEARSAY.

3 4

MS. MACCARLEY:

I I I

MR. CASTANEDA: THE COURT:

I DON'T HAVE ANY MORE QUESTIONS.

5 I 6 7 8 9
10

ANY QUESTIONS OF ALICIA SALAZAR? NO QUESTIONS/ YOUR HONOR. YOU CAN

MS. MACCARLEY: THE COURT: STEP DOWN. THE INTERPRETER: SAY SOMETHING TO YOU. YOU. THE COURT:

THANK YOU VERY MUCH/ MA'AM.

I I

YOUR HONOR/ SHE WOULD LIKE TO

SHE WOULD LIKE TO MAKE A COMMENT TO

11 12 13
14

SHE CAN'T MAKE A COMMENT/ SHE CAN AT THIS JUNCTURE I CAN'T TAKE

ONLY ANSWER QUESTIONS. UNSOLICITED STATEMENTS. MR. CASTANEDA: THE STAND? THE COURT:

15 16 17 18 19 20

MAY I CALL ALONSO CASTANEDA TO

I DON'T KNOW IF HE IS HERE. HE IS NOT HERE. WHY IS HE NOT HERE? BECAUSE HE ALREADY TESTIFIED AND

MS. MACCARLEY: MR. CASTANEDA: MS. MACCARLEY:

21 22 23 24 25 26 27

I DIDN'T HAVE A NOTICE WANT TO TESTIFY/ BE HERE. THAT HE SHOULD MR. CASTANEDA? THE COURT: MR. CASTANEDA: THIS ON APPEAL. THE COURT: ALL RIGHT/ SIR. MAY I PLEASE SUBMIT MR. COUNTS' NO. I WANT TO -- I WILL RAISE

MR. CASTANEDA:

CONTRACT AGREEMENT/ ATTORNEY AGREEMENT IN COURT? THE COURT: CAN YOU SUBMIT IT?

28 I

91

1I
2 3 4 5 6 7 8

MR. CASTANEDA: THE COURT:

YES.

IT'S NOT AN EXHIBIT FOR THE COURT. YOU CAN USE IT SOME WAY IN THE THE

I
I

YOU CAN HANG ON TO THAT. FUTURE.

IT WOULD NOT BE A DOCUMENT I WOULD RECEIVE.

OTHER DOCUMENTS THE WITNESSES HAVE TESTIFIED ABOUT. MR. CASTANEDA: THE COURT: AND LEAVE HERE? OKAY.

THOSE SHOULD BE RETAINED BY THE SO YOU CAN

COURT, ALTHOUGH NOT ADMITTED INTO EVIDENCE.

9 I PRESERVE YOUR RECORD ON APPEAL. 10 11 12 13 14 15 16 17 I MR. CASTANEDA: THE COURT: ONES YOU REFERRED TO. MR. CASTANEDA: THE COURT: UH-HUH. THERE ARE COPIES.

BE SURE WE HAVE COPIES OF ALL THE

ANYTHING FURTHER, MR. CASTANEDA. NO. THAT'S ALL.

MR. CASTANEDA: THE COURT:

ARGUMENT/ MISS MACCARLEY. QUITE CLEARLY MRS. CASTANEDA

MS. MACCARLEY:

18 I EXECUTED A DEED. 19
20

SHE WENT VOLUNTARILY TO A NOTARY AND

PLACED THE PROPERTY -- ACTUALLY / SHE AND HER SON GONZALO PLACED PROPERTY IN THE NAMES OF EVELYN, CHRISTINA RAMIREZ,

21 22 23 24

ALONSO MANUEL CASTANEDA, AS WELL AS HERSELF.

THE

CERTIFIED COPY OF EXHIBIT SIX SPEAKS FOR ITSELF. WHILE MR. JOSE CASTANEDA HAS PRESENTED US WITH DOCUMENTS OF TRANSACTIONS, NONE OF IT HAS ANY BEARING

25 26 27 28

I AND WOULD TRANSACTIONS. IT'S ABSOLUTELY IRRELEVANT THAT THEY WERE BE SUBJECT -- UNDOUBTEDLY THERE WERE MANY I TRANSACTIONS BETWEEN MRS. CASTANEDA AND HER CHILDREN
I
THROUGHOUT THE YEARS, STARTING WITH, AS YOUR HONOR WOULD

92

NOTE, THE ORIGINAL DEED IN 1998. AND WHILE IT'S TRUE THAT MRS. CASTANEDA WAS

2 I

3 I PRIMARILY SPANISH SPEAKING, SHE CERTAINLY WAS 4 5 6 7 8 9 10 11

12

I I
I

SOPHISTICATED ENOUGH AND UNDERSTOOD WHAT IT MEANT TO RECEIVE PROPERTY, AS WELL AS TO CONVEY PROPERTY, AGAIN AS CAN BE SEEN FROM THE SERIES OF TRANSACTIONS DATING A SPAN OF SOME 14 -- EIGHT YEARS, JUST ON THIS ONE PIECE OF REAL ESTATE ALONE. MY CLIENTS ARE CLEARLY OWNERS OF THE PROPERTY AS SHOWN IN EXHIBIT SIX. THEY DO NOT DISPUTE THE

VALIDITY OF THE DEED IN WHICH MISS CASTANEDA GRANTS HER ONE-THIRD INTEREST TO HER SON JOSE CASTANEDA, AND THE TITLE SPEAKS FOR ITSELF. THE PROPERTY IS NOW OWNED IN

13

14
15

THREE PARTS THROUGH THESE TWO TRANSACTIONS SPANNING THE HISTORY FROM 2006 THROUGH 2008. THE COURT: MR. CASTANEDA. YOUR HONOR, AGAIN, THIS WAS A

16 17 18 19 20 21 22 23

MR. CASTANEDA:

TRIAL THAT I CERTAINLY WAS NOT EXPECTING TO GO ON MYSELF. I HIRED SOMEBODY TO PRESENT THE FACTS TO THE COURT. I HAVE AN OVERWHELMING AMOUNT OF DOCUMENTS THAT SHOW THAT PRIOR TO THIS BONA FIDE GRANT DEED THAT

I
I

MRS. CASTANEDA WAS LIED TO.

IN FACT, THERE ARE TWO

INVESTMENTS RIGHT NOW, ONE IS FOR OVER A HUNDRED THOUSAND

24 I DOLLARS THAT, YOU KNOW, IT GOES TO SHOW THAT ALL THIS 25 26 27 28 INVESTMENT AND HOW THE PLAINTIFF HAD TAKEN MRS. CASTANEDA TO THE BANK MANY TIMES. I MEAN YOU ARE TALKING ABOUT $99,000 DEPOSITED IN OCTOBER OF '05 AND BY JANUARY IT'S ALL

93

1 2 3 4

EVAPORATED.

IT'S ALL GONE. SOME OF THE TRANSFER WITHDRAWALS DO BEAR

THE SIGNATURE OF MRS. RAMIREZ.

AND I WISH I -- I MEAN I

WISH I HAD BEEN THERE TO ADVISE MRS. CASTANEDA NOT TO GIVE

5 6 7 8 9
10

ALL OF HER MONEY. HAVING SAID THAT, THAT'S ALL I CAN. AND THE COURT: THANK YOU.

THE COURT HAVING HEARD THE TESTIMONY AND THE ARGUMENT PRESENTED TODAY'S DATE WILL ENTER JUDGMENT FOR THE PLAINTIFF'S. THERE IS NO EVIDENCE BEFORE THE COURT FROM WHICH I CAN INFER THAT FELICITAS CASTANEDA DID NOT

11 12 13 14 15
16

KNOWINGLY, INTELLIGENTLY TRANSFER PROPERTY TO THE INDIVIDUALS NAMED ON THE GRANT DEED. THERE IS NO SHOWING

OR EVIDENCE BEFORE ME FROM WHICH I SHALL INFER SHE WAS MENTALLY INCOMPETENT CAN OR UNAWARE OF WHAT SHE WAS DOING. THAT SHE ELECTED TO DISPERSE SIGNIFICANT

17

18 I SUMS OF MONEY TO BOTH HER CHILDREN, AND HER GRANDCHILDREN

19

I IS CERTAINLY WITHIN THE WHEREWITHAL OF ANY INDIVIDUAL TO

DISPERSE THEIR MONEY IN A MANNER THEY SEE FIT. THE COURT INFERS NOTHING FROM THAT. I DID RECEIVE A PROPOSED JUDGMENT PREPARED BY MISS MACCARLEY. WAS THIS SERVED? MS. MACCARLEY: PACKET I SERVED TODAY. YES. IT'S ACTUALLY PART OF THE

20 21 22 23 24 25 26

HE HAS A COPY OF IT, AS WELL AS

27 28

I ALL

THE EXHIBITS. THE COURT:

DO YOU HAVE AN OBJECTIONS YOU LODGED

94

1 2

TO THE PROPOSED JUDGMENTS? AGAIN, WITHOUT THE ADVICE OF MY MR. CASTANEDA:

3 I ATTORNEY, MR. COUNTS, I CANNOT INTELLIGENTLY 4 I 5 THE COURT: RESPOND TO THAT. RESPONDED TO THAT.

MR. CASTANEDA:

6 I 7 I MACCARLEY. S I 9 10 11 12 13
14

AGAIN, AN E-MAIL WENT OUT TO MRS. SHE KNEW MR. COUNTS WAS MY ATTORNEY. THE COURT: IT'S KIND OF LIKE YOUR SITUATION

WHERE YOU KNEW THE CASE WAS PREVIOUSLY CONTINUED TO GET A LAWYER. MR. CASTANEDA: THE COURT: I DID.

AND YOU WERE TOLD TO HAVE A LAWYER

IN COURT TODAY AND YOU DIDN'T HAVE HIM HERE. MR. CASTANEDA: REASON. TO THAT. HE'S NOT HERE FOR WHATEVER

15 16

HE'S NOT HERE, THAT'S SOMETHING HE HAS TO RESPOND I HAVE A CONTRACT AGREEMENT DATED FEBRUARY 11TH.

17 18 19 20 21 22 23 24 25 26

PLENTY OF TIME THE PREPARE A CROSS-COMPLAINT. TOLD ME HE WAS TO LAST TIME I WAS HERE HE, GOING TO PRESENT -THE COURT: WHAT HE TOLD YOU, I AM NOT PRIVY TO.

I I I

ALL I KNOW IS HE NEVER SAW FIT TO COMMUNICATE WITH THE COURT. HE NEVER FILED A SUBSTITUTION OF ATTORNEY WITH US. MR. CASTANEDA: APPEAL. THE COURT: HANG ON A SECOND. I HAVE 60 DAYS TO FILE AN

YES, YOU DO.

27 28

I INTERLOCUTORY

THE COURT WILL DATE INDICATING JUDGMENT TODAY'S SIGN THE PROPOSED THAT THE

95

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12

PROPERTY SHOULD THE PARTITIONED AND MR. JOSE CASTANEDA SHOULD RECEIVE BE PROCEEDS OF THE UNDIVIDED ONE-THIRD INTERESTS IN WHATEVER THOSE PROCEEDS ARE, WHICH APPEAR TO

BE IN ACCORDANCE WITH HIS MOTHER'S WISHES. ALL RIGHT VERY GOOD. MR. CASTANEDA: THANK YOU. THAT'S NOT WHAT

IF I MAY ADD.

THE LAST WILL AND TESTAMENT STATES. THE COURT: TESTAMENT. MR. CASTANEDA: TESTAMENT. THE COURT: IIM JUST TELLING YOU THAT'S WHAT THE THANK YOU. I DID PRESENT THE LAST WILL AND I DON'T HAVE THE LAST WILL AND

13 14
15

TESTIMONY SHOWED. ALL RIGHT. MS. MACCARLEY:

THANK YOU, YOUR HONOR.

16
17 18

(THE PROCEEDINGS WERE CONCLUDED.)

19
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SUPERIOR

COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

3 4
I

EVELYN RAMIREZ, ET AL., PLAINTIFF/PETITIONER,

5
6

vs.
I

NO. GC 042105

7 8
9

JOSE CASTANEDA, DEFENDANT/RESPONDENT.

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I, SHARON BOYER, OFFICIAL

REPORTER

OF THE FOR THE

I I I I

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, FOREGOING DO HEREBY

CERTIFY THAT THE

PAGES 1 THROUGH

95 AND IS A TRUE AND HELD IN THE 2010.

CORRECT TRANSCRIPT ABOVE-ENTITLED MATT

OF THE PROCEEDINGS

, CSR #4329

THE SUPERIOR COURT 300-EAST WALNUT STREET, DEPARTMENT PASADENA, CALIFORNIA 91101

NES----

SHARON BOYER CSR #4329

(626)
DATE:

356-5362
JANUARY 8, 2011

GC 042105
RAMIREZ VS. CASTANEDA PROCEEDINGS ONE COpy DEPOSIT OF 2/22/10 $60.00 NONE

SHARON BOYER, CSR #4329