COURT OF APPEAL

OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

EVELYN RAMIREZ, PLAINTIFF/PETITIONER, VS. JOSE CASTANEDA, DEFENDANT/RESPONDENT. APPEAL FROM THE SUPERIOR COURT OF LOS ANGELES COUNTY HONORABLE JOSEPH F. DE VANON, JUDGE PRESIDING TRANSCRIPT OF PROCEEDINGS FEBRUARY 22, 2010 NO. GC 042105

APPEARANCES: FOR THE PLAINTIFF: LISA MACCARLEY ATTORNEY AT LAW 3436 N. VERDUGO ROAD GLENDALE, CALIFORNIA 91208 IN PROPRIA PERSONA JOSE CASTANEDA 1377 RUTAN ROAD PASADENA, CALIFORNIA OFFICIAL REPORTER

FOR THE DEFENDANT:

91104

SHARON BOYER CSR. #4329

VOL. 1 OF 1 PAGES 1 THROUGH 95 INDICES

TITLE, CERTIFICATE,

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SUPERIOR

COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES DEPARTMENT NE"S"

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HON. JOSEPH F. DE VANON, JUDGE

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EVELYN RAMIREZ ( ET AL.( PLAINTIFF/PETITIONER, VS. NO. GC 042105

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JOSE CASTANEDA ( DEFENDANT/RESPONDENT. TRANSCRIPT OF PROCEEDINGS FEBRUARY 22, 2010

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APPEARANCES: FOR THE PLAINTIFF: LISA MACCARLEY ATTORNEY AT LAW 3436 N. VERDUGO ROAD GLENDALE ( CALIFORNIA 91208 IN PROPRIA PERSONA JOSE CASTANEDA 1377 RUTAN WAY PASADENA ( CALIFORNIA

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SHARON BOYER CSR #4329 OFFICIAL REPORTER

VOL. 1 PAGES 1 THROUGH 95

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MAS

T E R I N D E X
22{ 2010 WITNESSES WITNESSES:

FEBRUARY

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CHRONOLOGICAL PLAINTIFF'S

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DIRECT CASTANEDA { ALONSO RAMIREZ { EVELYN CHRISTINA 14

CROSS 16
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REDIRECT

RECROSS

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DEFENSE WITNESS:

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CASTANEDA { ALICIA

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ALPHABETICAL

WITNESSES CROSS REDIRECT RECROSS

DIRECT CASTANEDA { ALICIA CASTANEDA { ALONSO RAMIREZ { EVELYN CHRISTINA 78 14 41

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PLAINTIFFS'

EXHIBITS IN EVIDENCE

FOR IDENTIFICATION 10

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7=DEED 1/31/08 8=STIPULATION

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DEFENSE EXHIBITS A=CHECK 21

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1 1
2 CASE NUMBER: CASE NAME: GC 042105 EVELYN RAMIREZ VS.

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JOSE CASTANEDA PASADENA DEPARTMENT REPORTER: TIME: APPEARANCES: CALIFORNIA NE "S"

MONDAYf

FEBRUARY

22f

2010 JUDGE

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HON. JOSEPH SHARON A.M.

F. DE VANONf

P. BOYERf

CSR #4329

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SESSION NOTED ON TITLE PAGE.)

(AS HERETOFORE

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1 2
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MR. NIGOGHOSIAN'S ATTEMPT TO CONTACT THE ATTORNEY HAD BEEN UNFRUITFUL. MR. CASTANEDA: CONTACT MR. COUNTS. THE COURT: MR. COUNTS? EMAH COUNTS. E-M-A-H, I HAVE ALSO BEEN TRYING TO

4 5 6 7 8 9 10 11 12 13 14

MR. CASTANEDA: C-O-U-N-T-S. THE COURT: SIR? MR. CASTANEDA:

ANYTHING YOU WANT TO SAY ABOUT THAT,

I MET WITH HIM EARLIER THIS RETAINER

I I I I

MONTH AND I HAVE A CONTRACT, AN ATTORNEY/CLIENT AGREEMENT. AND WE AGREE HE WAS GOING TO FILE A

CROSS-COMPLAINT AGAINST DEFENDANT -- I MEAN AGAINST PLAINTIFFS FOR QUIET TITLE AND FRAUD. HE HAS SOME OF

15 I RECORDS THAT I PRESENTED WITH HIM, WHICH I DON'T HAVE WITH

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ATTORNEY ON ALL THE -- I I AM INFORMED NOTHING HAS BEEN ME. AND IN THE 19TH AND FAXED HIM THE SUBSTITUTION OF PRESENTED TO. LET ME JUST FIRST SAY THAT EARLIER LAST YEAR I MET, JUNE OR JULY IN DEPARTMENT -- I AM SORRY. DEPARTMENT ROOM 109. NOT

AND I WAS UNDER THE IMPRESSION THAT

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WE WERE GOING TO MEDIATE ALL THE PAPERWORK WITH THE OTHER WE SUBMIT THIS MATTER. ATTORNEY WITH THE LAW FIRM MISS ROSAN DEROSA (PHONETIC) . YOU KNOW, I WAS AND THEY

25 I AND AFTER THAT I DIDN'T HEAR FROM THEM. 26 27 28

OF THE IMPRESSION THERE IS NO OTHER HEARINGS. TOLD ME SO.

THAT'S WHY I WASN'T HERE ON SEPTEMBER 23RD

WHEN THE COURT WAS SCHEDULED FOR TRIAL.

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I FIRMLY BELIEVE THAT THEY ARE GOOD AFFIRMATIVE ACTIONS TO DEFENSE. THE COURT: AFFIRMATIVE DEFENSES. AFFIRMATIVE DEFENSES, CORRECT.

MR. CASTANEDA:

I
UP TODAY.

ALSO I WAS EXPECTING MR. RAY REYES TO SHOW HE HAS BEEN A BIT SICK. I DO FEEL I WOULD LIKE THE COURT TO GRANT ME A JURY TRIAL IN THIS MATTER. NOWHERE. THE HOUSE IS NOT GOING

I INFORMED PLAINTIFF'S COUNSEL THAT THERE IS AN

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SUPPOSED TO FOR A HUNDRED TO WHAT HAPPENED TO IT. AND IS INVESTMENT INFORM US AS THOUSAND DOLLARS THAT CHASE I WAS MORE THAN GLAD TO NEGOTIATE THAT WITH THEM WITHOUT HAVING TO EXPEND ALL THOSE RESOURCES. I ALSO FILED A RELATED MATTER REGARDING THE

ESTATE, BECAUSE THE ESTATE HAS A CLAIM AGAINST MY SISTER,

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THE PLAINTIFF'S MOTHER IAND THE COURT: DON'T KNOW ANYTHING ABOUT A

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I RELATED MATTER. I CASE, NOR RECEIVED

HAVE NOT RELATED CASE. I DO HAVE A NOTICE OF BEEN ADVISED OF ANY RELATED

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NUMBER OF TRIAL DOCUMENTS THAT YOU FILED, MR. CASTANEDA INCLUDING A WITNESS LIST AND AN EXHIBIT LIST. MR. CASTANEDA: NEED TO INCLUDE EVERYBODY. THE COURT: TO WHAT? TO INCLUDE EVERYBODY. WHICH CAN BE CHANGED. WE DON'T

MR. CASTANEDA: THE COURT: THE DEFENSE.

YOU INCLUDE WHOEVER IS IMPORTANT FOR

I AM INDICATING TO YOU, YOU FILED DOCUMENTS

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INDICATING WHO YOU EXPECTED TO CALL AT TRIAL. MR. CASTANEDA: THE COURT: CORRECT.

AND YOUR -AGAIN--

MR. CASTANEDA: THE COURT:

-- YOUR NOTICES.

I JUST DON'T KNOW WHAT TO DO WITH THIS ATTORNEY YOU SAY YOU HAVE RETAINED, WHO HAS NOT APPEARED. MR. CASTANEDA: AHOLD OF HIM. THE COURT: COMING. MR. CASTANEDA: THE COURT: I BELIEVE SO. I DON'T KNOW WHEN HE WAS PLANNING ON I HAVE NOT BEEN ABLE TO GET

I DON'T KNOW IF HE WAS PLANNING ON

ON ANNOUNCING HE WAS READY FOR TRIAL OR TO CONTINUE THE TRIAL. HE IS NOT COUNSEL OF RECORD AND HE HAS NOT HAD ANY

CONTACT WITH THIS COURT. MS. MACCARLEY: EITHER. NONE.

SOl

I NEVER HAD ANY CONTACT WITH HIM

WE ARE READY TO PROCEEDI YOUR HONOR. YOU NEED TO BE MINDFUL, MS.

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THE COURT:

MACCARLEY, I AM SURE YOU ARE, THAT IF THE COURT GOES FORWARD TODAY'S DATEt WHICH WOULD BE MY INCLINATION TO DO

22 I THAT I MR. CASTANEDA IS UNDOUBTEDLY GOING TO APPEAL

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WHATEVER ADVERSE FINDINGS OR DECISIONS WERE MADE IN THIS CASE THAT COME OUT AGAINST HIM. I DON'T KNOW HOW THE COURT OF APPEALS WOULD REVIEW OR CONSIDER MR. CASTANEDA'S CLAIM THAT HE HAS HIRED AN ATTORNEY WHO HAS NOT COME TO REPRESENT HIM.

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MS. MACCARLEY:

WELLI YOUR HONOR --

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THE COURT: FORWARD.

I DON'T KNOW I~ YOU WANT TO GO

IF MR. COUNTS IS APPARENTLY READY, AND WOULD BE

3 I HERE THIS AFTERNOON, OR BE HERE TOMORROW MORNING, I CAN 4 I TRAIL THE CASE FOR THAT PURPOSE. 5 6 7 8 9 10 11
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BUT I AM NOT INCLINED TO

CONTINUE THE CASE. MR. CASTANEDA: CAN WE DO THAT? YOUR HONOR -IS IT POSSIBLE?

MS. MACCARLEY: THE COURT:

WE ALREADY CONTINUED TRIAL ONCE. -- WE CONTINUED THE TRIAL ONCE. VERY STRAIGHT

MS. MACCARLEY:

THIS CASE HAS BEEN FILED OVER A YEAR AGO. FORWARD MATTER.

I HAVE A RECEPTIONIST AND I HAVE VOICE I AM PROBABLY ONE OF THE EASIEST

MAIL.

I HAVE E-MAIL.

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HUMAN BEINGS ON THE FACE OF THE PLANET TO GET AHOLD OF. I LIVE AND WORK IN GLENDALE.

15 I THINK IF THERE 5 ANY ATTEMPT BY COUNSEL 16 I TO SO MUCH AS CALL ME AS LATE AS WAS O'CLOCK ON FRIDAY,

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ACTUALLY WORKED UNTIL 6:30 ON FRIDAY. SOME NOTICE.

I WOULD HAVE GOTTEN

THERE IS NOBODY HERE EXCEPT MR. CASTANEDA. HE'S HAD TWO OR THREE ATTORNEYS ALREADY IN THIS CASE, HAVE

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AM NOT WORRIED ABOUT THINK WE ARE READY APPEALS DOES. I IAM COME IN AND OUT. I WHAT THE COURT OF TO GO FORWARD. SURE THE COURT WILL DO A FINE JOB. THE COURT: YES, SIR. I DON'T BELIEVE THERE HAS BEEN THERE HAS BEEN TWO.

MR. CASTANEDA:

TWO OR THREE ATTORNEYS HERE.

MR. PRATT, WHICH HE FILED A CASE FOR FRAUD AND QUIET TITLE

AND CONVERSION.

AND I HAVE JUST RECEIVED A COUPLE DAYS

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I AGO
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ALSO

ALL THE WITHDRAWAL

SLIPS

WITH THE SIGNATURE

OF MY I THIS OR A I CAN IT WAS

SISTER(

AND THE SIGNATURE

OF MISS CHRISTINA SOl I BELIEVE

RAMIREZ. I HAVE

HAVE ALL THE CHECKS.

THAT

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PROOF COUPLE

THAT ( YOU KNOW ( IF $70(000 MONTHS CLEAR BEFORE THIS

WERE TAKEN

THE MONTH

TRANSFER

WAS MADE ( I THINK TO THIS COURT

PRESENT DONE LIED

AND CONVINCING FRAUD.

EVIDENCE

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THROUGH TO.

MY MOTHER

WAS DECEIVED

AND SHE WAS

THE COURT: CASE RIGHT READY NOW.

LET'S

NOT ARGUE

THE MERITS

OF THE IS

WE TRYING TO TRIAL

TO DECIDE TO TRIAL(

WHETHER

THE CASE

TO PROCEED

AND THE COURT TO CONTINUE. MUCH.

IS READY

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TO GO TO TRIAL

AND DENY THE REQUEST THANK

MS. MACCARLEY: THE COURT:

YOU[ VERY

HAVE A SEAT[ MR. CASTANEDA. --

WANT TO GET ALL THE DOCUMENTS

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ATTORNEY

HAS THOSE RECORDS. I DON'T MR. CASTANEDA: THE COURT: ALL RIGHT(

HAVE THE DOCUMENT. SIR. HAVE A SEAT.

MY WE'LL

SEE TO IT YOU ARE THE COURSE

SUPPLIED

WITH ALL THE EXHIBITS

DURING

OF THE TRIAL. MS. MACCARLEY: YOUR HONOR[ RECORDS. THERE WAS A MOTION

TO COMPEL

ME TO PRODUCE

I DID FILE AN

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OPPOSITION. THE COURT:

YES(

MA'AM. OUR POSITION BOTTOM AFTER LINE THE IS THAT

MS. MACCARLEY: THE MOTION ORIGINAL WAS ORIGINALLY DATE. ALSO

SET FOR A DATE

TRIAL

THE RECORDS

ARE

IRRELEVANT.

ALSO

I AM

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AN ATTORNEY OF RECORD FOR MISTER -- MISS RAMIREZ AND MR. CASTANEDA. AND I WOULD ASK THAT THE OPPOSITION TO THE THERE HAVE BEEN NO ATTEMPT IN

MOTION TO COMPEL BE DENIED.

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DISCOVERY DURING THE DISCOVERY PERIOD.

AND HAD I RECEIVED

ANY TRUE DISCOVERY REQUESTS FOR PRODUCTION, I WOULD HAVE PRODUCED, BUT TO FILE A MOTION TO BE SET HEARD TWO WEEKS AFTER THE ORIGINAL TRIAL DATE IS TOO LITTLE, TOO LATE. THE COURT: MR. CASTANEDA. WELL, AGAIN, I DON'T HAVE ANY

MR. CASTANEDA:

DOCUMENTS TO PRESENT A FAIR DEFENSE IN THIS MATTER. THE COURT: THE MOTION TO COMPEL WILL BE DENIED. FIRST OF WHICH THE

DENIED NEED FOR A NUMBER REASONS.

MOTION WAS BROUGHT IN AN UNTIMELY FASHION. SECOND OF WHICH MANY OF THE INDIVIDUALS SUBJECT TO THE MOTION TO COMPEL ARE NON PARTIES TO THE PRESENT PROCEEDINGS. ADDITIONALLY, DOES NOT APPEAR TO BE A

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MS. MACCARLEY: FOR SANCTIONS, HOWEVER, IS DENIED. REQUESTS THAT'S RIGHT.

(DISCUSSION HELD OFF THE RECORD.)

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THE COURT:

OPENING STATEMENT, COUNSEL. SURE. VERY STRAIGHT FORWARD

MS. MACCARLEY: CASE, YOUR HONOR.

MRS. CASTANEDA WAS OF RECORD FOR A

PROPERTY.

SHE AND HER SON TOOK TITLE IN 2005 WHEN SHE

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OBTAINED THE COURT: WHEN YOU SAY

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AND HER SON II ?

MS. MACCARLEY:

FELICITAS(PHONETIC) CASTANEDA

AND HER SON GONZALO CASTANEDA TOOK TITLE TO THE PROPERTY,

FREE OF ALL OTHER CLAIMS AND BEEN A LONG HISTORY OF TITLE

6 I TRANSFERS IN 2005. 7

AND IN 2006 THE SAME TWO INDIVIDUALS

--

8 I THEY ALSO OBTAINED A LOAN IN 2005, WHICH WE ARE DISPUTING. 9 I 10 11 12 13

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AND IN 2006 FELICITAS CASTANEDA AND HER SON GONZALO CASTANEDA TRANSFERRED TITLE TO HERSELF FELICITAS CASTANEDA TO EVELYN CHRISTINA RAMIREZ, MY CLIENT, A PLAINTIFF, AND UPON ALONSO MANUEL CASTANEDA, ALL AS JOINT TENANTS. IN JULY -- I AM SORRY -- IN JANUARY 2008 MISS CASTANEDA SEVERED THE JOINT TENANCY AND TRANSFERRED HER INTERESTS TO JOSE CASTANEDA. VERY STRAIGHT FORWARD MATTER. THE THREE

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NAMES ON TITLE ARE EVELYN, CHRISTINA RAMIREZ, ALONSO EMANUEL CASTANEDA AND JOSE CASTANEDA. THE COURT: THE PLAINTIFF'S POSITION IS THAT

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EACH NAMED PARTY HAS ONE-THIRD UNDIVIDED INTEREST IN THE PROPERTY? MS. MACCARLEY: THE COURT: CORRECT, YOUR HONOR.

THANK YOU. BECAUSE MY CLIENTS DO NOT HAVE

MS. MACCARLEY:

POSSESSION, DO NOT HAVE ANY RENT BEING PAID TO THEM WHICH THEY ARE NOT CLAIMING FOR REIMBURSEMENT, THEY ARE SEEKING A PARTITION BY SALE.

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I HAVE PREVIOUSLY SUBMITTED TO THE COURT A

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DECLARATION. RECEIVER NAMED WE HAVE OBTAINED CONSENT .BYAND REFEREE AND LEON J. OWENS (PHONETIC) A THAT'S BEEN SUBMITTED AND HE WOULD LIST THE PROPERTY FOR SALE AND COMPLETE THE SALE, AND DIVIDE THE RESPECTIVE INTERESTS

6 I AFTER PAYING THE MORTGAGE, WHICH IS OUTSTANDING. 7

THE COURT:

THANK YOU.

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MR. CASTANEDA, YOU WISH TO MAKE AN OPENING STATEMENT NOW OR SAVE IT UNTIL YOU START THE DEFENSE CASE? WHAT IS YOUR REFERENCE? MR. CASTANEDA: WELL, AGAIN, I AM NOT PREPARED

TO PROCEED WITH THIS TRIAL, AND I WAS EXPECTING MR. COUNTS TO BE HERE TODAY. THE COURT: I AM SORRY MR. COUNTS HAS

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DISAPPOINTED YOU, BUT THE CASE HAS ALREADY PREVIOUSLY BEEN CONTINUED FOR TRIAL. I CAN'T JUSTIFY CONTINUING IT ON THE

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BELIEF A LAWYER MAY COME IN ON SOME FUTURE DATE. FIRST WITNESS, MISS MACCARLEY.

MS. MACCARLEY: YOUR HONOR.

FIRST, I WOULD LIKE TO APPROACH,

I HAVE CERTIFIED COPIES OF THE TITLE RECORDS

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FOR THE TRIER OF FACT. THE COURT: HAND THOSE TO THE COURT.

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THE COURT MS. ADMIT INTO EVIDENCE, WOULD LIKE TO DO IS ASK TO MACCARLEY: WHAT I SUBJECT TO ANY OBJECTIONS BY COUNSEL, THE CHAIN OF TITLE RECORDS, EXHIBIT MARKED AS PLAINTIFF'S EXHIBIT NUMBER ONE. THE COURT: ONE IS THE GRANT DEED. THIS IS A DEED IN WHICH GONZALO

MS. MACCARLEY:

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1 I CASTANEDA, MARTHA C. CASTANEDA, AND FELICITAS CASTANEDA 2 3 4 5 6 7 8 9

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AND MARTHA CASTANEDA BECAME JOINT TENANTS OF THE PROPERTY. THAT'S THE FIRST TIME THAT MRS. CASTANEDA WAS ON RECORD. THE COURT: THAT'S THE GRANT DEED. THE COURT

HAS A CERTIFIED COPY OF THAT. MS. MACCARLEY: NUMBER 98639900. THE COURT: ONE. IT WILL BE RECEIVED AS PLAINTIFF'S YES. DOCUMENT -- INSTRUMENT

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(PLAINTIFF'S EXHIBIT 1 WAS MARKED FOR IDENTIFICATION: GRANT DEED.)

MS. MACCARLEY:

THANK YOU.

PLAINTIFF'S MARKED EXHIBIT 2 IS A DEED DATED JULY 3RD, 2000, IN WHICH GONZALO CASTANEDA AND

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MARTHA C. CASTANEDA AND FELICITAS CASTANEDA -- I AM SORRY. WHERE MARTHA CASTANEDA NOW/ QUIT CLAIMS HER INTEREST. SO

19 I THE THREE OWNERS ARE GONZALO CASTANEDA, MARTHA C. 20 21 22 23 24 25 26 27 28 THE DATE. MS. MACCARLEY: IT WAS RECORDED JULY 3RD 2000. CASTANEDA AND FELICITAS CASTANEDA. IT'S EXHIBIT NUMBER TWO AND CERTIFIED COPY. THE COURT: MY ONLY CONFUSION/ YOU SAID AS TO

EXECUTED -- LOOKS LIKE IT WAS SIGNED SEPTEMBER 15. THE COURT: EXECUTED 9/15 AND RECORDED JULY 3RD.

THE COURT HAS A CERTIFIED COPY OF THAT AS WELL. MS. MACCARLEY: THANK YOU. AND CAN IT BE

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ADMITTED INTO EVIDENCE? THE COURT: WILL BE RECEIVED AS PLAINTIFF'S TWO.

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(PLAINTIFF'S EXHIBIT 2 WAS MARKED FOR IDENTIFICATION: DEED JULY 3, 2000.)

MS. MACCARLEY:

THANK YOU.

PLAINTIFF'S 3 IS A GRANT DEED FROM GONZALO CASTANEDA AND MARTHA C. CASTANEDA AND FELICITAS CASTANEDA, NOW VESTING TITLE TO FELICITAS CASTANEDA. THAT

11 I WAS EXECUTED ON MAY 30, 2001 AND RECORDED ON APRIL 4, 12 I 2002. 13 14 IT IS INSTRUMENT NUMBER 020801506. THE COURT: THOSE ARE CERTIFIED COPIES; AND THE

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COURT WILL RECEIVE THOSE AS PLAINTIFF'S THREE.

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(PLAINTIFF'S EXHIBIT 3 WAS MARKED FOR IDENTIFICATION: 2001.) GRANT DEED MAY 30,

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MS. MACCARLEY:

THANK YOU.

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AND EXHIBIT FOUR IS A GRANT DEED EXECUTED ON SEPTEMBER 26, 2005, IN WHICH GONZALO CASTANEDA -- I AM SORRY -- FELICITAS CASTANEDA GRANTS TO GONZALO CASTANEDA AND FELICITASS CASTANEDA AS JOINT TENANTS, THE SAME

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PROPERTY INSTRUMENT D RECORDED 10/7 2005, INSTRUMENT

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NUMBER 052421819 AND ASK THE COURT FOUR WILL BE RECEIVED THE COURT: PLAINTIFFIS --

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INTO EVIDENCE.

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5

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(IN EVIDENCE PLAINTIFF'S 4 GRANT DEED SEPTEMBER 26, 2005.)

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MS. MACCARLEY:

AND EXHIBIT FIVE IS A DEED OF

TRUST, EVIDENCING A LOAN TAKEN BY GONZALO CASTANEDA AND

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FELICITAS CASTANEDA. BANK, AND WAS RECORDED THE OCTOBER IS WASHINGTON INSTRUMENT ON LENDER 7, 2005, AS MUTUAL NUMBER 052421821. THE COURT: I AM SORRY. PLAINTIFF'S FIVE WILL

BE RECEIVED INTO EVIDENCE.

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(IN EVIDENCE PLAINTIFF'S 5 GRANT DEED OCTOBER 7, 2005.)

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MS. MACCARLEY:

AND PLAINTIFF'S SIX IS A DEED

FROM FELICITAS CASTANEDA AND GONZALO CASTANEDA GRANTING TITLE TO FELICITAS EVELYN CASTANEDA, EVELYN CHRISTINA

20 I RAMIREZ, ALONSO WAS EXECUTED ON JULY A 14, 2006. SINGLE MAN, AS JOINT 21 TENANTS. THIS EMANUAL CAS~ANEDAI 22
23

THE COURT: COURT HAS.

I~'S JANUARY 14 IS THE COpy THE

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MS. MACCARLEY:

I AM SORRY.

JANUARY 14TH, I

APOLOGIZE, 2006.

INSTRUMENT NUMBER 060492647. WE HAVE A CERTIFIED COpy THAT WILL

26 I 27

THE COURT:

28

BE RECEIVED AS PLAINTIFF'S SIX.

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3

(IN EVIDENCE PLAINTIFF'S_ 6 GRANT DEED JANUARY 14, 2006.)

4 5 6 7

MS. MACCARLEY:

THANK YOU, YOUR HONOR.

AND THEN FINALLY PLAINTIFF'S SEVEN IS A DEED FROM FELICITAS CASTANEDA TO JOSE CASTANEDA EXECUTED ON JANUARY -- LOOKS LIKE 28TH OR 29TH, 2008 WAS RECORDED

8 I ON JANUARY 31, 2008, INSTRUMENT NUMBER 20080191974. 9 10 COPY. THE COURT: PLAINTIFF'S SEVEN, ALSO A CERTIFIED

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(IN EVIDENCE PLAINTIFF'S 7

= DEED JANUARY 31, 2008.)

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24

MS. MACCARLEY:

AND FINALLY, EXHIBIT EIGHT,

THERE WAS A STIPULATION THAT PLAINTIFFS DO NOT OBJECT OR PROTEST THE LOAN OBTAINED BY MRS. CASTANEDA AND JOSE -GONZALO CASTANEDA. AND THAT WELLS FARGO BANK SUCCESSOR

I I

NOW J. P. MORGAN CHASE BANK WOULD BE PAID THROUGH ANY ESCROW. AND THAT THEIR INTERESTS ARE SUBJECT TO THE LOAN

AND ENCUMBRANCE ON THE PROPERTY. THE COURT: NOTE THAT AS PLAINTIFF'S EIGHT. YES.

MS. MACCARLEY:

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(IN EVIDENCE PLAINTIFF'S 8

=

STIPULATION.)

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(PAUSE.)

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THE MACCARLEY: IYOUR FIRST WITNESS. ALONSO, MS. COURT: CALL WOULD LIKE TO CALL A-L-O-N-S-O, CASTANEDA. THE COURT: FORWARD BE SWORN. MR. CASTANEDA, ASK YOU TO STEP

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6

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10

ALONSO CASTANEDA,

CALLED AS A WITNESS ON BEHALF OF THE PLAINTIFF, WAS DULY SWORN AND TESTIFIED AS FOLLOWS:

11 12 13 14 15 16 SWORN.

THE CLERK:

PLEASE RAISE YOUR RIGHT HAND TO BE

YOU DO SOLEMNLY SWEAR 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. THE WITNESS: C-A-S-T-A-N-E-D-A. ALONSO CASTANEDA. A-L-O-N-S-O,

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DIRECT

EXAMINATION

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BY MS. MACCARLEY: Q CASTANEDA? A SHE IS MY GRANDMOTHER. AND I PUT IN FRONT OF YOU AN EXHIBIT BOOK, AND I WHAT IS YOUR RELATIONSHIP TO FELICITAS

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SIX. ASKING YOU TO PLEASE TURN YOUR ATTENTION TO EXHIBIT NUMBER

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2

MR. CASTANEDA: THE WITNESS: BY MS. MACCARLEY Q

OH. OKAY. YES.

3
4

DO YOU SEE THERE IS A GRANT DEED IN FRONT OF YOU

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MARKED AS EXHIBIT NUMBER SIX, OR UNDER THE TAB? A

Q

YES, I DO. ARE. YOU THE ALONSO MANUEL CASTANEDA THAT IS

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NAMED IN THAT GRANT DEED? A Q YES, I AM. AND WHEN DID YOU FIND OUT THAT YOU HAD BEEN

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GRANTED THE PROPERTY? A

Q

ON THE DAY I SIGNED -- THE DAY lAM LET ME SAY IT BETTER.

NOT --

DO YOU -- DID YOU PARTICIPATE IN A PREPARATION OF THIS DOCUMENT? A

Q

YES, I DID. YOU DID? OF THIS DOCUMENT?

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18 19 20 21 22 23 24
2S

A DOCUMENT.

I DID NOT PREPARE THE PREPARATION OF THE I BELIEVE I WAS THERE TO SIGN THIS DOCUMENT. I DID NOT SIGN

THIS IS A GRANT DEED -- I AM SORRY, NO. THIS DOCUMENT. Q OKAY. I BELIEVE REYES DID.

AND DO YOU WISH TO HAVE YOUR -- HAVE THE

PROPERTY SOLD THAT IS THE SUBJECT OF THIS LAWSUIT WHICH YOU OWN NOW? A Q SALE?
A

YES.

I WOULD LIKE TO HAVE IT SOLD.

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YOU ASKED MR. JOSE CASTANEDA TO COOPERATE IN THE

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YES,

I HAVE.

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1 2 3 4 5 6 7 8 9 10 11 12
13 14 15

HAS HE REFUSED TO PARTICIPATE IN THE SALE? YES( HE HAS. MR. CASTANEDA: OBJECTION( YOUR HONOR. AM I

ALLOWED TO OBJECT TO THAT? THE COURT: WHAT IS THE BASIS? MR. CASTANEDA: THE COURT: OBJECTION TO THAT? MS. MACCARLEY: ALL RIGHT. NO FURTHER I WAS NEVER CONTACTED BY -THE YOU CAN OBJECT TO ANYTHING YOU WANT.

YOU CAN WAIT UNTIL YOU TESTIFY.

QUESTIONS. THE COURT: YOU CAN ASK HIM SOME QUESTIONS.

CROSS-EXAMINATION

16 17 I 18 19 20 21 22 23 24 25 26 27

BY MR. CASTANEDA:
Q

MR. CASTANEDA ( WHEN IS IT YOU CONTACTED ME TO CAN YOU GIVE ME A SPECIFIC DATE?

SELL THE HOUSE? A

Q

I CANNOT REMEMBER THE SPECIFIC DATE. THE YEAR PERHAPS? THE COURT: CAN YOU TELL US APPROXIMATELY WHEN

THAT WAS? THE WITNESS: EVERYTHING. I CAN'T. I AM SO LOST WITH

I THINK IT WAS EARLIER LAST YEAR ( OR EXCUSE I CAN'T REMEMBER THE

ME, LATE LAST YEAR SOMETIME. SPECIFIC DATE. THE COURT:

YOU DON'T REMEMBER WHICH YEAR IT WAS

28 I YOU CONTACTED

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THE WITNESS: THE COURT:

I BELIEVE LAST YEAR, YES.

LAST 2009?

YEAR.

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THE WITNESS: BY MR. CASTANEDA: Q A PHONE. MS. MACCARLEY: THE TAKE IT DOWN COURT: WHEN THROUGH PHONE?

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THROUGH

A LETTER? BY PHONE. BY

I BELIEVE

I TRIED

TO CONTACT

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9 10

OKAY. THE REPORTER EACH OTHER. CAN'T LET

YOU, GENTLEMEN, OVER

YOU ARE TALKING

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HIM ANSWER

BEFORE

YOU START THE NEXT

QUESTION.

BY MR. CASTANEDA: Q A DO YOU KNOW WHAT YEAR IT WAS YOU SAY? YES, 2009.

2009.
YOU SAID WHAT MONTH?

A Q CELL PHONE

NO,

I DID NOT. NO IDEA WHAT MONTH. FOR THAT, RIGHT? ARGUMENTATIVE, SO SHOULD BE SOME

YOU HAVE RECORDS

MS. MACCARLEY: IRRELEVANT, LACKS

OBJECT.

FOUNDATION. THE COURT WILL ASK THE QUESTION. RECORDS --

THE COURT:

DO YOU KNOW OF ANY PHONE THE WITNESS: THE COURT: THE WITNESS: BY MR. CASTANEDA: Q SO, YOU PROBABLY KNOW MY PHONE NO, I DO NOT. -- VERIFY NO.

A TELEPHONE

CALL?

I CALLED

FROM MY CELLPHONE.

NUMBER.

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1 2 3 4 NOW? A
Q

DO YOU HAVE YOUR CELLPHONE WITH YOU RIGHT

I DO HAVE MY CELLPHONE. CAN YOU CHECK, PLEASE, ON YOUR CELLPHONE TO

5 I CONFIRM MY CELLPHONE NUMBER, PLEASEi THAT IS POSSIBLE? 6 7 8 9 10 11 12 13 14

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THE COURT: NUMBER? THE WITNESS:

DO YOU KNOW MR. JOSE CASTANEDA'S

NO, NOT OFF THE TOP. SHOULD BE LOGGED.

MR. CASTANEDA: THE COURT: GET THE NUMBER? THE WITNESS: THE COURT:

WHEN YOU CALLED HIM, WHERE DID YOU

I CALLED MY MOTHER. GOT IT FROM YOUR MOTHER.

SHE HAS JUST -THE WITNESS: I SPOKE WITH ALL THE RELATIVES,

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J

AND THAT'S WHAT HAPPENED. MR. CASTANEDA: I BELIEVE THE PLAINTIFF IS

MAKING UP THE STORY ABOUT CONTACTING ME. MS. MACCARLEY: THE COURT: OBJECTION.

YOU CAN TESTIFY TO THAT WHEN WE GET

AROUND TO THAT SIDE OF THE CASE. MR. CASTANEDA: THE COURT: YES. I DON'T HAVE ANY EXHIBITS TO CAN MAY I PLEASE ASK A QUESTION?

MR. CASTANEDA: PRESENT TO THE COURT.

I ONLY HAVE A COPY OF A CHECK.

THIS BE ALLOWED TO BE REPRESENTED? THE COURT: I DON'T KNOW WHAT IT IS, SIR. IT'S A CHECK FOR $200 FROM

MR. CASTANEDA:

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FELICITAS CAST~~~pA, ACCOUNT PAYABLE TO HIM, AND T~_~RE IS THIS IS FROM -- AGAIN,

2 I MORE CHECKS WITH HIS SIGNATURE. 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

THIS IS SOME OF THE EXHIBITS I HAVE WITH ME, I WAS GOING TO PROVIDE TO MY ATTORNEY. THE COURT: WHAT'S THE RELEVANCE OF THE CHECKS? THAT HE RECEIVED MONEY FROM MY

MR. CASTANEDA:

MOTHER MANY TIMES AND THAT AGAIN WHEN HE -- WHEN THEY TOOK MY MOTHER TO MR. REYES' OFFICE SHE WAS UNDER THE IMPRESSION THAT SHE COULDN'T HAVE ANY MONEY OR PROPERTY ON HER NAME BECAUSE HER BENEFITS HAD BEEN CANCELED. SO, IT WAS THROUGH FRAUD AND TRICKERY THEY BROUGHT MY MOTHER TO MR. REYES' HOME -- I MEAN OFFICE. AND I THINK MR. REYES WILL CONFIRM THAT, AND THAT HE WAS TOLD DIFFERENT THINGS HAVE FILED HIS DECLARATION ON THE RECORD. AND THATIS BASICALLY WHAT I WANTED TO -MS. MACCARLEY: WELL, YOUR HONOR, I AM OBVIOUSLY

GOING TO OBJECT AND ASK THE COURT TO PLEASE STRIKE MR. CASTANEDA'S STATEMENTS THAT HE IS NOT SWORN UNDER OATH. HE IS NOT TESTIFYING RIGHT NOW, AND I DON'T SEE THE RELEVANCE. ANY CASE. THE COURT: WELL, THE ONLY ISSUE BEFORE ME RIGHT AND MOST OF WHAT HE IS SAYING IS HEARSAY IN

NOW IS WHETHER OR NOT HE CAN ASK MR. ALONSO CASTANEDA REGARDING SOME CHECKS. RELEVANCY OF THE CHECK. MS. MACCARLEY: THE COURT: RIGHT. I STILL DON'T UNDERSTAND THE

THAT'S WHERE I AM SOMEWHAT CONFUSED.

WHAT YOUR MOTHER'S STATE OF MIND IS, I

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DON'T HAVE ANY EVIDENCE OF THAT. MR. CASTANEDA: THE COURT: OKAY.

PUT THAT ASIDE. ALL RIGHT.

MR. CASTANEDA: THE COURT:

WHAT DOES THE CHECK I BELIEVE MY MOTHER GAVE ALL HER

MR. CASTANEDA:

KIDS ALL OF HER MONEY AND ALL OF HER LOVE. THE COURT: YOU WANT TO KNOW IF HE GAVE ALL HIS

MONEY TO MR. ALONSO -MR. CASTANEDA: I KNOW OUR MOTHER WAS THE ONE

THAT CONCOCTED THIS PLAN, AND PROOF OF THAT ARE ALL THE WITHDRAWALS AND THE CHECKS THAT I HAVE BEFORE ME PAYABLE TO GONZALO CASTANEDA AND FELICITAS CASTANEDA FOR GONZALO FOR $30,000 AND SUSAN CASTANEDA FOR APPROXIMATELY TOTAL OF $70,000. $40,000,

AND I HAVE SOME OF THE WITHDRAWAL SLIPS

THAT I ALSO HAVE THAT TRANSFER FOR $25,000 ON NOVEMBER 22 FROM HER ACCOUNT INTO ANOTHER ACCOUNT. AND THAT ACCOUNT

SHE WAS TOLD THAT IF SHE WAS GOING TO MAKE IT INTO AN INVESTMENT. I THINK MRS. CHRISTINA KNOW WHICH INVESTMENT

AND WHERE THIS IS, INVESTMENT, RIGHT NOW FOR THAT AMOUNT. MS. MACCARLEY: MOTION TO STRIKE. AGAIN, YOUR HONOR, OBJECTION. IT'S

THIS IS INCREDIBLY IRRELEVANT.

NOTHING BUT HEARSAY. CHECK.

I HAVE NEVER RECEIVED A COpy OF THE I DON'T KNOW

I MAY NOT HAVE A PROBLEM WITH IT.

WHAT THE RELEVANCE IS. THE COURT: WHY DON'T YOU SHOW COUNSEL THE CHECK

SO SHE KNOWS WHAT YOU ARE -- I WILL PERMIT MR. CASTANEDA TO ASK THE WITNESS ABOUT THE CHECK SUBJECT TO A MOTION TO