BROWNE GEORGE ROSS LLP

Joseph P. Russoniello (State Bar No. 44332)

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Kevin F. Rooney (State Bar No. 184096) lDI&
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6 Attorneys for Violet Brooks

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7

8 SUPERIOR COURT OF THE STA TE OF CALIFORNIA

9 COUNTY OF SANTA CLARA

10

11 In Re Marriage of Case No. 6-09-FL-OO1820

12 VIOLET BROOKS, SUPPLEMENT TO PETITIONER'S

MOTION TO RECONSIDER
13 Petitioner, PETITIONER'S MOTION TO
DISQUALIFY COUNSEL FOR
14 vs. RESPONDENT

15 EVAN BROOKS, Judge: Hon. Mary Ann Grilli

Date: February 9, 2016
16 Respondent. Time: 9:00 a.m.
Dept.: 83
17
Trial Date: None Set
18

19 In Petitioner's Motion for Reconsideration, filed on December 16, 2015, Petitioner seeks

20 reconsideration of the Court's October 20, 2015 o rder denying Petitioner's Motion to Disqualify

21 Respondent's counsel. The basis of the Motion to Reconsider is that during the October 2, 2015

22 hearing on the Motion to Disqualify Garrett Dailey testified untruthfully when he said he did not

23 have a phone conversation with Petitioner's counsel, Andrew Westover, on November 11, 2013.

24 Telephone records obtained following Mr. Dailey's testimony at the hearing contradict his

25 assertion that he did not speak with Mr. Westover on November 11, 2013. These records have

26 been submitted with the Motion for Reconsideration. At the time of filing the Motion for

27 d
Reconsideration, the Court Reporter had not yet completed the transcript of the October 2"

28 hearing. Petitioner's brief (at page 2, fn. 2) informed the Court that Petitioner would submit the
592751.1
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SUPPLEMENT TO PETITIONER'S MOTION TO RECONSlDER PETITIONER'S MOTION TO DISQUALIFY
COUNSEL FOR RESPONDENT
CALIFORNIA JUDICIAL BRANCH NEWS SERVICE CJBNS.ORG

transcript after receiving it from the Court Reporter. Accordingly, as the transcript is now final, it

2 is attached hereto as Exhibit A.

3 Below are highlights from the transcript in which Mr. Dailey asserts with certainty that he

4 did not speak with Mr. Westover on November 11, 2013:

6 32:27-33:6, 8 Even though Mr. Dailey's assistant [Brenda Porto] had requested in her October
18, 2013 email that Mr. Dailey call Andrew Westover or Hector Moreno (of the
7 same law office) to discuss the Brooks matter, Mr. Dailey testified: "Yeah, I
didn't return that call ... Right, but I never returned that call."
8
33:11-12 Mr. Dailey based his insistence that he did not speak with Mr. Westover on
9 November 11, 2013 on the absence of any notation in his Conflicts Register.
"[bJecause ifl returned the call and talked to them it would have been in my
10 Conflicts Register period. Period."

11 72:3-7 Mr. Dailey was only reachable by cell phone on November 11, 2013.

12 73:6-12 As to the call that Petitioner alleges occurred on November 11, 2013: He said "I
have absolutely no recollection, no notes, nothing. And I -- physically I don't
13 know how it could of.. .. On that basis l deny it."

14 81:28-82:11 Mr. Dailey states he never had a conversation about the Brooks case with Mr.
Westover or Mr. Moreno before January I, 2015.
15
106:1-2; To paraphrase Mr. Baugh, unless Mr. Westover had Mr. Dailey's cell phone
16 114:16-20 number, "there is no way that conversation could have taken p lace Mr. Baugh
."

further contends that "it is impossible for Mr. Westover to have spoken with
17 [Mr. Dailey] on [November 11, 2013) ."

18

19 DATED: January 14, 2016 BROWNE GEORGE ROSS LLP

Joseph P. Russoniello
20
Kevin F. Rooney
21

22
By
23 oseph P. Russoniello
Anomeys for Petitioner
24

25

26

27

28
592751 I
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SUPPLEMENT TO PETITIONER'S MOTION TO RECONSIDER PETITIONER'S MOTION TO DISQUALIFY
COUNSEL FOR RESPONDENT