Escolar Documentos
Profissional Documentos
Cultura Documentos
---ooo---
Petitioner,
vs
CASE NO. 10
,
8
9
Respondent.
10
---ooo---
11
12
13
14
15
16
17
18
---ooo---
19
APPEARANCES
20
IN PROPRIA PERSONA
Reported By:
21
22
23
24
25
26
27
28
~~
~--------SACRAMENTO
REPORTERS--------~
SACRAMENTO, CALIFORNIA
MAY 9, 2012
---ooo---
Case No.
5
6
The Petitioner,
10
11
was
The Respondent,
appeared
IN PROPRIA PERSONA.
12
---ooo---
13
14
THE COURT:
15
MS. SALINGER:
16
THE COURT:
17
MS. SALINGER:
18
And then
20
MS. SALINGER:
THE COURT:
I did give
Great.
a copy of it
Thank you.
all.
24
MS. SALINGER:
25
THE COURT:
Good morning.
26
27
28
May I approach?
this morning.
22
23
Come on up.
19
21
, is that ready?
MS. SALINGER:
~-------SACRAMENTO
is present.
And anything
NOTE: Judge accepts judge pro tem attorney's late paperwork served and filed at the hearing.
Then refuses pro per paperwork served and filed 6 days before the hearing (see below).
THE RESPONDENT:
3
4
THE COURT:
fees and costs.
Yes, sir.
THE RESPONDENT:
THE COURT:
is your motion.
8
9
A statement of attorney's
Okay.
MS. SALINGER:
Motion presents
seven items that we are requesting that the Court orders, and
10
11
12
13
THE COURT:
Yes.
14
MS. SALINGER:
15
16
17
18
declaration of disclosure.
19
20
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22
23
completed.
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25
Mr.
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27
28
We're
from
So that is
declaration of disclosure,
THE RESPONDENT:
THE COURT:
Okay.
It
did arrive.
10
11
12
THE RESPONDENT:
13
THE COURT:
14
THE RESPONDENT:
15
Yeah.
website.
16
THE COURT:
The post
17
mark on this is May 3rd, so I'm not exactly sure when the
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19
or Tuesday.
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21
them.
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23
THE RESPONDENT:
24
THE COURT:
Sure.
25
26
27
look now.
28
I'll take a
~--------SACRAMENTO
[NOTE: At this point in the hearing, the opposing attorney had already argued the merits of her motion and did not make a
timlienss objection, thus waiving any objection (see legal cite below). Here, the judge prompts her for an objection so he will have
an excuse for not considering the pro per respondents pleadings. The attorney dutifully makes the objection.]
[Respondent is an indigent, disabled pro per and domestic violence victim (see below). The complete transcript from this
hearing is attached below. As the full transcript records, the judge allowed the attorney to serve and file an untimely attorney
fees and costs request at the start of the same hearing. ]
their filing.
MS. SALINGER:
that would have been April 26th that they should have been
THE COURT:
MS. SALINGER:
10
11
12
Okay.
THE COURT:
13
MS. SALINGER:
14
15
to draft a reply.
16
I have reviewed.
I have reviewed.
THE COURT:
Okay.
I have not
All right.
Mr.
17
18
filed for you, but I will not consider them for today's
19
20
21
THE RESPONDENT:
22
THE COURT:
23
24
Ms.
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THE RESPONDENT:
~-------SACRAMENTO
NOTE: If a judge refuses to consider late-filed papers, the order must so state (CRC 3.1300(d). The
order issued did not record that the pro per's pleadings were not considered (see the order below).
e. [9:88] Defects waived by arguing merits at hearing: Insufficient or defective notice may be waived if opposing
counsel shows up at the hearing and argues the merits of the motion. If they appear at all, they should limit their
argument to objections based on the defective notice. Otherwise, the court will treat their opposition on the merits as
a waiver of the defects. [Alliance Bank v. Murray (1984) 161 CA3d 1, 7, 207 CR 233, 237; Carlton v. Quint (2000)
77 CA4th 690, 697, 91 CR2d 844, 848]
To preserve the issue for appeal, the opposing party should expressly object to the defective notice in its opposition
papers, request a continuance and demonstrate prejudice from the defective notice. [Reedy v. Bussell (2007) 148
CA4th 1272, 1288, 56 CR3d 216, 228]
=> [9:88.1] PRACTICE POINTER: Use common sense in raising such objections. Judges may react negatively
where the defective notice has not hampered preparation of a response.
[9:88.288.4] Reserved.
(1) [11:287] Defects waived by opposition on merits: Plaintiffs waive any objection as to the form or content of
the notice by appearing at the hearing and arguing the merits. (If plaintiffs appear at all, they should limit
themselves to objecting to sufficiency of notice.) [Tate v. Sup.Ct. (City & County of San Francisco) (1975) 45
CA3d 925, 928, 119 CR 835, 838rule applied where hearing ordered by court sua sponte]
[11:288289] Reserved.
e. [9:105.4] Discretion re late-filed papers: Papers submitted after the deadline must be accepted for filing. But the
court, in its discretion, may refuse to consider these papers in ruling on the motion (in which event, the minutes or
order must so state). [CRC 3.1300(d)]
(1) [9:105.5] Comment: A courts decision not to consider late-filed papers may not be exercised arbitrarily.
[Kapitanski v. Vons Grocery Co. (1983) 146 CA3d 29, 3233, 193 CR 839, 841court can summarily reject latefiled papers under local rules, but if it considers them at all, it must apply CCP 473 standards, and it is an abuse
of discretion to refuse relief if excusable neglect shown (cited with approval in Mann v. Cracchiolo (1985) 38
C3d 18, 30, 210 CR 762, 767)]
If the court decides to consider late-filed papers, a continuance may be necessitated. [See Hobson v. Raychem
Corp. (1999) 73 CA4th 614, 623, 86 CR2d 497, 503 (dictum) (disapproved on other grounds in Colmenares v.
Braemar Country Club, Inc. (2003) 29 C4th 1019, 130 CR2d 662)]
-"---'
---ooo---
Petitioner,
vs
CASE NO. 10
,
8
9
Respondent.
10
---ooo---
11
12
13
14
15
16
17
18
---ooo---
19
APPEARANCES
20
IN PROPRIA PERSONA
Reported By:
21
22
23
24
25
26
27
28
~~
~--------SACRAMENTO
REPORTERS--------~
SACRAMENTO, CALIFORNIA
MAY 9, 2012
---ooo---
Case No.
5
6
The Petitioner,
10
11
was
The Respondent,
appeared
IN PROPRIA PERSONA.
12
---ooo---
13
14
THE COURT:
15
MS. SALINGER:
16
THE COURT:
17
MS. SALINGER:
18
And then
20
MS. SALINGER:
THE COURT:
I did give
Great.
a copy of it
Thank you.
all.
24
MS. SALINGER:
25
THE COURT:
Good morning.
26
27
28
May I approach?
this morning.
22
23
Come on up.
19
21
, is that ready?
MS. SALINGER:
~-------SACRAMENTO
is present.
And anything
THE RESPONDENT:
3
4
THE COURT:
fees and costs.
Yes, sir.
THE RESPONDENT:
THE COURT:
is your motion.
8
9
A statement of attorney's
Okay.
MS. SALINGER:
Motion presents
seven items that we are requesting that the Court orders, and
10
11
12
13
THE COURT:
Yes.
14
MS. SALINGER:
15
16
17
18
declaration of disclosure.
19
20
21
22
23
completed.
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25
Mr.
26
27
28
We're
from
So that is
declaration of disclosure,
Mr.
of this matter.
it.
He simply
I believe it's
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15
them up.
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17
So at that
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that, mainly the DMV registration, and also it ties into the
24
automobile insurance.
25
26
She's more
27
costs.
28
Mr.
-~----
~-------SACRAMENTO
'""'----
further delay.
have to retain a counsel that was associated in, and her fees
10
11
$4,957.11.
In addition, I'm requesting that Mr.
pay
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13
14
15
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17
the discovery.
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19
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this morning.
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22
23
THE COURT:
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MS. SALINGER:
25
26
Those
And Mr.
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28
those issues?
~--------SACRAMENTO
THE RESPONDENT:
matter.
THE COURT:
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
11
THE RESPONDENT:
12
THE COURT:
13
THE RESPONDENT:
THE COURT:
16
18
My responsive declaration.
Where?
Well, I filed it by mail.
What do
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17
THE COURT:
10
14
First
THE RESPONDENT:
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MS. SALINGER:
pleadings
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22
23
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26
THE COURT:
question.
THE RESPONDENT:
Okay.
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28
You're
I'm not
I'm going to
THE RESPONDENT:
THE COURT:
Okay.
It
did arrive.
10
11
12
THE RESPONDENT:
13
THE COURT:
14
THE RESPONDENT:
15
Yeah.
website.
16
THE COURT:
The post
17
mark on this is May 3rd, so I'm not exactly sure when the
18
19
or Tuesday.
20
21
them.
22
23
THE RESPONDENT:
24
THE COURT:
Sure.
25
26
27
look now.
28
I'll take a
~--------SACRAMENTO
their filing.
MS. SALINGER:
that would have been April 26th that they should have been
THE COURT:
MS. SALINGER:
10
11
12
Okay.
THE COURT:
13
MS. SALINGER:
14
15
to draft a reply.
16
I have reviewed.
I have reviewed.
THE COURT:
Okay.
I have not
All right.
Mr.
17
18
filed for you, but I will not consider them for today's
19
20
21
THE RESPONDENT:
22
THE COURT:
23
24
Ms.
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THE RESPONDENT:
~-------SACRAMENTO
1
~~/
THE COURT:
But Mr.
THE RESPONDENT:
THE COURT:
Yes, sir.
moment.
request.
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12
13
14
15
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17
THE RESPONDENT:
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THE COURT:
Mr.
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MS. SALINGER:
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THE COURT:
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disclosure?
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THE RESPONDENT:
28
THE COURT:
~--------SACRAMENTO
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
Okay.
It's my position that those orders
THE COURT:
A and B are
granted.
10
So SA and 8B are
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12
Mr.
13
THE RESPONDENT:
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THE COURT:
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THE RESPONDENT:
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THE COURT:
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THE COURT:
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MS. SALINGER:
23
Okay.
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22
witness?
THE RESPONDENT:
25
THE COURT:
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THE RESPONDENT:
27
THE COURT:
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THE RESPONDENT:
~-------SACRAMENTO
1
"--/
THE COURT:
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
10
request
11
property.
12
personal property?
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Do you
THE RESPONDENT:
my property.
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THE COURT:
18
THE RESPONDENT:
Okay.
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21
THE COURT:
Mr.
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property?
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25
THE RESPONDENT:
28
It
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THE COURT:
point.
~-------SACRAMENTO
THE COURT:
THE RESPONDENT:
3
4
Do you want
I want to go through the normal
THE RESPONDENT:
10
11
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13
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15
THE COURT:
THE RESPONDENT:
This
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THE COURT:
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arrange it.
Okay.
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THE RESPONDENT:
21
THE COURT:
22
THE RESPONDENT:
23
THE COURT:
Go ahead and
25
MS. SALINGER:
26
Mrs. Mrs.:
27
MS. SALINGER:
28
We haven't got to
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24
If
THE COURT:
1
2
property.
Sure.
3
4
MS. SALINGER:
THE COURT:
MS. SALINGER:
THE COURT:
9
10
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has a
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THE RESPONDENT:
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local rules.
She's
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THE COURT:
26
THE RESPONDENT:
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THE COURT:
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At the start
You haven't
--
I will
12
'~"
go ahead and have it filed for you, but I will not consider
4
5
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
point, if it's fair with you, that you have abandoned the
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11
you?
12
THE RESPONDENT:
13
THE COURT:
14
THE RESPONDENT:
15
THE COURT:
16
Okay with
Let me --
Thank you.
ask one thing.
So
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has --
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THE COURT:
21
MS. SALINGER:
That was
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to move out.
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through May.
was ordered
~-------SACRAMENTO
'10.
'11,
It's
THE COURT:
essence, community?
THE PETITIONER:
MS. SALINGER:
6
7
10
11
community property.
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THE COURT:
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ATRO, A-T-R-0.
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It's not.
I -- I
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Now, isn't it
'~----/
~---------SACRAMENTO
THE COURT:
THE RESPONDENT:
Not necessarily.
What -- can you cite some
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13
heard.
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of days.
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18
days mail, to allow you to have the time and the opportunity
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the response is to allow the person who filed the motion the
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other courtesies.
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and that
~-
~-------SACRAMENTO
courtesy.
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
6
7
What happens in
obstinate?
THE COURT:
of the way in your case you have, as Ms. Salinger has pointed
10
11
12
Mr.
13
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
19
and so I'm not going to overrule her objection and ignore the
20
timelines.
'---------
21
22
you to a case.
23
timelines.
24
25
26
So can I get --
27
THE RESPONDENT:
28
THE COURT:
If you will
'---
~-------SACRAMENTO
'~
THE RESPONDENT:
Your Honor?
THE RESPONDENT:
10
THE COURT:
I apologize.
You're right.
THE COURT:
Yeah, I agree.
And all
16
17
THE RESPONDENT:
14
15
That I would
the Family Code, the Civil Code, the Code of Civil Procedure?
12
13
11
THE COURT:
18
THE RESPONDENT:
19
20
papers here.
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23
defect.
I have to go through my
24
THE COURT:
25
THE RESPONDENT:
26
THE COURT:
How so?
It also does not comply --
27
mind on that.
28
Never mind.
Never
'~
~-------SACRAMENTO
one.
THE RESPONDENT:
2
3
Now we're
That's right, we
okay.
sir.
Thank you,
She's
I don't know why she would be stuck with the burden of paying
10
11
reasonably.
12
THE RESPONDENT:
13
THE COURT:
14
MS. SALINGER:
15
16
17
THE COURT:
order.
Yes.
18
MS. SALINGER:
19
THE COURT:
Okay.
Okay.
20
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.
paying?
MS. SALINGER:
~-------SACRAMENTO
both parties.
THE PETITIONER:
MS. SALINGER:
4
5
THE COURT:
'
THE COURT:
10
portion.
Mm-hmm.
Okay.
can't pay for your $50 a month for your auto insurance?
THE RESPONDENT:
I just explained
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right to an attorney.
19
right to an attorney.
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21
MS. SALINGER:
I'm indigent.
I'm
Mr.
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25
26
27
28
THE RESPONDENT:
I have no income.
I live with my
1
2
trial?
MS. SALINGER:
THE COURT:
THE RESPONDENT:
Right.
And I had line-by-line evidentiary
THE COURT:
I just needed to
filing on that, so --
10
THE RESPONDENT:
11
12
13
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15
THE COURT:
16
MS. SALINGER:
17
THE COURT:
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MS. SALINGER:
19
THE COURT:
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MS. SALINGER:
Uh-huh.
Yes.
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24
THE COURT:
Okay.
So Ms.
Okay.
25
26
27
MS. SALINGER:
Okay.
28
THE COURT:
~-------SACRAMENTO
claim.
Sir, any objection to your taking the Toyota
2
3
4Runner?
THE RESPONDENT:
THE COURT:
MS. SALINGER:
THE COURT:
Yes.
property.
THE RESPONDENT:
10
11
incorrect.
13
They're false.
THE COURT:
12
now?
14
MS. SALINGER:
15
THE PETITIONER:
16
MS. SALINGER:
17
They're
it back.
18
THE COURT:
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
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She's
~--------SACRAMENTO
to pay for the insurance in two months anyway when you get to
trial.
THE RESPONDENT:
5
6
THE COURT:
case.
THE RESPONDENT:
THE COURT:
reading.
Sir, Mr.
I can tell.
10
11
12
you.
13
I understand it.
You
It
It is happening to
14
seven-year marriage.
The parties'
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that Ms.
18
It is highly unlikely
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her?
If
And you can go obtain your own vehicle, and that way
~-------SACRAMENTO
',
__
you won't have that string tied that you fear is tying you
down.
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
9
10
11
12
13
14
15
16
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18
It
How so?
to your name?
THE RESPONDENT:
No.
for a reason.
THE COURT:
19
your sources that you keep citing me to, if you look those
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24
25
26
27
28
THE RESPONDENT:
Okay.
,.........__,
~--------SACRAMENTO
you so that you see, but I don't see anything nefarious about
not?
MS. SALINGER:
THE COURT:
9
10
to maintain insurance.
12
THE COURT:
15
going to send the vehicle back to her, and she doesn't have
THE RESPONDENT:
14
Sure.
where I live?
16
THE COURT:
17
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22
11
13
Do you want it or
THE RESPONDENT:
I don't know.
23
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25
THE RESPONDENT:
26
THE COURT:
Yeah.
27
She's going to sign title over to you, and you insure your
28
own vehicle.
~-------SACRAMENTO
THE RESPONDENT:
1
'----
work?
THE COURT:
THE RESPONDENT:
right?
THE COURT:
THE RESPONDENT:
qualifier.
10
THE COURT:
11
THE RESPONDENT:
12
THE COURT:
13
With what?
Okay.
So --
14
THE RESPONDENT:
15
THE COURT:
Right.
Yeah, perfect.
All right.
So I'm
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MS. SALINGER:
20
THE COURT:
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MS. SALINGER:
22
THE COURT:
23
MS. SALINGER:
Your Honor.
25
27
28
Yes.
So Mr.
24
26
THE COURT:
Yes.
THE COURT:
Okay.
the appeal, the request for fees for the appeal of just shy
5,000 in sanctions.
THE RESPONDENT:
THE COURT:
8
9
Yes, I have
Is that okay?
THE RESPONDENT:
that too.
THE COURT:
10
11
I've got
Okay.
12
THE RESPONDENT:
13
14
THE COURT:
15
THE RESPONDENT:
Okay.
16
17
18
that I'd like to enter, exhibits that I'd like to enter into
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THE COURT:
briefly?
THE RESPONDENT:
23
Your Honor.
24
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going to happen.
27
THE COURT:
28
THE RESPONDENT:
~--------SACRAMENTO
substantial.
Both declarations
The declarations
10
well.
11
12
just in case.
13
14
THE COURT:
THE RESPONDENT:
17
THE COURT:
18
19
20
15
16
Well, ma'am
THE RESPONDENT:
appellate attorney.
21
THE COURT:
Okay.
22
23
list?
24
THE RESPONDENT:
25
26
that.
27
THE COURT:
28
THE RESPONDENT:
~-------SACRAMENTO
217(c).
What is it?
THE COURT:
3
4
217(c).
Ms.
stand?
THE RESPONDENT:
THE COURT:
I don't know.
you in.
10
you, God?
11
THE WITNESS:
12
THE COURT:
13
14
seat.
I do.
Thank you.
15
16
THE COURT:
17
THE WITNESS:
18
THE COURT:
19
THE RESPONDENT:
20
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short recess.
.
Thank you.
Good morning.
Mr.
THE COURT:
23
THE RESPONDENT:
24
THE COURT:
25
THE RESPONDENT:
I did.
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27
THE COURT:
28
THE RESPONDENT:
~--------SACRAMENTO
I didn't.
-- based on your prior denial of
that request.
THE COURT:
No, I only
asked you if you had a list because you were calling other
than parties.
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.
10
11
THE RESPONDENT:
THE COURT:
disorganized.
14
15
I'm not --
THE RESPONDENT:
THE COURT:
19
THE RESPONDENT:
had --
21
THE COURT:
22
filed?
23
24
witness.
25
TESTIMONY OF
26
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28
I have
18
20
How am I disorganized?
16
17
find here.
12
13
Okay.
Your witness.
They're untimely
You may question your
-~--------SACRAMENTO
follows:
DIRECT EXAMINATION
BY THE RESPONDENT:
Q.
Okay.
go.
Okay.
THE COURT:
THE RESPONDENT:
BY THE RESPONDENT:
Q.
Okay.
Here we
She has.
Okay.
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witness?
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BY THE RESPONDENT:
16
Q.
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18
served on Respondent.
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20
A.
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Q.
Did you not -- did your attorney provide you with copies
22
of my response?
23
MS. SALINGER:
24
25
attorney's fees.
26
This is
We're addressing
THE COURT:
Overruled.
27
28
the declaration.
~-------SACRAMENTO
your knowledge?
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
THE COURT:
THE COURT:
Yeah, I brought --
12
THE COURT:
13
THE RESPONDENT:
14
THE COURT:
17
the witness.
THE RESPONDENT:
pleadings.
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THE COURT:
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THE RESPONDENT:
22
The
THE RESPONDENT:
16
Yes, I do.
Here we are.
Here's --
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MS. SALINGER:
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was filed.
28
'
THE RESPONDENT:
15
That is
counsel will need a copy, and the witness should have a copy.
10
.._____
11
Yes, I did.
THE COURT:
This
It looks
~--------SACRAMENTO
THE RESPONDENT:
1
2
THE COURT:
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
THE COURT:
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20
__
comply with the requirement that I provide her copies of -THE COURT:
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18
THE RESPONDENT:
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14
declaration there.
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12
Mr.
witness?
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10
declaration.
7
8
sir?
5
6
3
4
Let me look.
THE RESPONDENT:
Okay.
proceed?
THE COURT:
21
THE RESPONDENT:
22
THE COURT:
23
THE RESPONDENT:
24
25
THE COURT:
Your Honor
Did you
I asked for a continuance so I
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',
~--------SACRAMENTO
proceed.
I have a courtroom
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
No,
Okay.
10
THE COURT:
11
THE RESPONDENT:
12
THE COURT:
I didn't do it to posture.
I'm
13
14
BY THE RESPONDENT:
15
Q.
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17
documents?
18
A.
Yes.
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Q.
She did?
So moving on.
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MS. SALINGER:
21
THE COURT:
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MS. SALINGER:
Basis?
The basis is the form of the
23
question.
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25
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THE COURT:
is forming the
You can
~-------SACRAMENTO
THE COURT:
1
'
BY THE RESPONDENT:
Q.
A.
Q.
respond?
A.
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12
Q.
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THE RESPONDENT:
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respond.
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THE COURT:
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THE RESPONDENT:
24
THE COURT:
25
documents requested?
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THE RESPONDENT:
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,_
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THE COURT:
~-------SACRAMENTO
2
3
4
5
requested?
THE RESPONDENT:
THE COURT:
THE RESPONDENT:
THE COURT:
requested?
THE RESPONDENT:
12
13
extenuating circumstances --
10
11
documents.
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THE COURT:
Next question.
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THE RESPONDENT:
16
THE COURT:
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~-
18
Next question.
19
MS. SALINGER:
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BY THE RESPONDENT:
21
Q.
22
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24
2010.
25
December 7th.
26
27
failed to respond.
28
Okay.
~-
3
4
MS. SALINGER:
question.
THE COURT:
BY THE RESPONDENT:
Q.
records?
A.
Sustained.
10
financial records.
11
Q.
12
2010.
13
A.
14
Q.
15
A.
16
Q.
17
18
A.
That's correct.
19
Q.
20
A.
21
Q.
22
A.
I don't know.
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MS. SALINGER:
24
THE WITNESS:
25
MS. SALINGER:
Your Honor
-- things.
-- it appears this line of
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27
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THE COURT:
1
2
217.
I've got
6
7
Mr.
10
8
9
THE RESPONDENT:
11
THE COURT:
12
13
October of 2010?
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THE RESPONDENT:
15
THE COURT:
16
THE RESPONDENT:
17
THE COURT:
18
THE RESPONDENT:
19
disclosures --
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THE COURT:
21
22
of disclosure, preliminary?
Mr.
23
THE RESPONDENT:
24
THE COURT:
25
BY THE RESPONDENT:
26
Q.
27
28
Mr.
Okay.
Next question.
Next question.
-.~
~--------SACRAMENTO
THE RESPONDENT:
final?
THE COURT:
THE RESPONDENT:
Yes.
A preliminary has on it, it talks
about --
THE COURT:
THE RESPONDENT:
information.
THE COURT:
Next question.
10
THE RESPONDENT:
11
THE COURT:
12
THE RESPONDENT:
Mr.
next question.
Okay.
13
14
15
BY THE RESPONDENT:
16
Q.
17
18
THE COURT:
Mr.
19
line of questioning.
20
disclosures.
21
22
ahead.
23
THE RESPONDENT:
24
THE COURT:
25
THE RESPONDENT:
26
Well, I provided --
27
THE COURT:
28
questioning, please.
~--------SACRAMENTO
Mr.
Mr.
, next line of
THE RESPONDENT:
Okay.
BY THE RESPONDENT:
Q.
Petitioner -- under C:
A.
responding to it.
Q.
10
11
12
13
MS. SALINGER:
14
THE COURT:
15
16
is.
17
18
19
THE RESPONDENT:
20
THE COURT:
All right.
Next question.
21
BY THE RESPONDENT:
22
Q.
23
Okay.
24
THE COURT:
25
ATTORNEY 1:
26
THE COURT:
27
28
THE WITNESS:
~--------SACRAMENTO
BY THE RESPONDENT:
Q.
A.
Q.
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:
11
12
13
THE COURT:
14
15
16
THE RESPONDENT:
17
THE COURT:
Yeah.
18
property.
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20
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25
remains in dispute?
26
27
28
THE RESPONDENT:
And if
I thought we
-- of this declaration.
THE COURT:
~--------SACRAMENTO
an agreement.
5
6
THE RESPONDENT:
You
These go to my evidentiary
objections as well.
THE COURT:
Mr.
follow my lead.
Is there
to these?
10
11
THE RESPONDENT:
THE COURT:
13
THE RESPONDENT:
THE COURT:
All right.
If no other questions, no
17
18
15
16
property issue.
12
14
Okay.
THE RESPONDENT:
I'm sorry.
19
THE COURT:
Oh.
20
BY THE RESPONDENT:
21
Q.
22
23
to delay a resolution.
Okay.
24
25
MS. SALINGER:
26
Objection,
27
28
THE COURT:
Sustained.
Ill
~--------SACRAMENTO
BY THE RESPONDENT:
Q.
you say:
Okay.
Respondent has an
5
6
10
11
THE COURT:
today's hearing?
12
13
THE RESPONDENT:
evidence.
14
THE COURT:
15
16
THE RESPONDENT:
Two,
17
18
19
20
THE COURT:
Okay.
21
THE RESPONDENT:
22
THE COURT:
I find the
23
24
consumption of time.
25
questioning.
26
27
28
THE RESPONDENT:
saying?
THE COURT:
~-------SACRAMENTO
All right.
MS. SALINGER:
THE COURT:
All right.
call Mr.
thank you.
You
to testify?
MS. SALINGER:
THE COURT:
10
Ms.
5
6
All right.
Okay.
11
12
13
14
15
16
17
18
19
20
Per your
If
Go
She's no longer
21
22
23
271 sanction.
24
25
That is a
$2,500
26
27
28
That is on account
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
7
8
MS. SALINGER:
10
have Mr.
11
13
THE RESPONDENT:
14
THE COURT:
Sure.
Your Honor, if I may?
16
17
12
15
THE RESPONDENT:
Certainly.
quick--
18
THE COURT:
19
THE RESPONDENT:
20
21
22
23
THE COURT:
24
25
26
27
28
not.
You
You have
~--------SACRAMENTO
trial.
2
'~-
requests over a year and a half ago and after the Court
8
9
10
The basis
don't need one for that because you guys came to an agreement
on that.
11
12
13
that.
14
15
16
17
18
her.
19
20
21
22
didn't do that.
23
But for the fact that you did not cooperate with her,
Really, in
You
24
25
26
27
28
sanction in half.
shot over your bow that you cannot behave like this and not
10
I feel
be sanctioned further.
11
12
legal.
13
14
15
16
17
18
19
20
that
21
22
Rule of Court.
--
THE RESPONDENT:
24
THE COURT:
you both very much.
26
23
25
On the 271
It is a
--
Thank
THE RESPONDENT:
27
28
wealth?
~--------SACRAMENTO
THE COURT:
I'm finished.
dollar a day.
THE RESPONDENT:
supposed to.
8
9
THE COURT:
10
THE RESPONDENT:
11
THE COURT:
12
15
13
14
What's that?
THE RESPONDENT:
Decision.
THE COURT:
~-
16
17
month on account.
18
Statement of Decision.
19
20
Thank you.
THE RESPONDENT:
21
THE COURT:
22
THE RESPONDENT:
23
THE COURT:
24
THE RESPONDENT:
25
THE COURT:
26
Thank you.
27
28
~-------SACRAMENTO
'-_/
---ooo---
into typewriting.
10
11
12
13
14
15
'-._/__.
16
CAUSE:
The Marriage of
17
COURT:
18
JUDGE:
Matthew J. Gary
19
DATE:
May 9, 2012
20
21
22
23
24
25
Tara Murany
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27
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' '~-/
~--------SACRAMENTO
REPORTERS--------~