Connie Morris Deposition

(MORRIS)
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF ORANGE
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MAHMOOD REZAI,
)
)
)
Plaintiff,
)
)
vs.
) Case No.
) 30-2013-00686136HARBOR POINTE-NEWPORT OWNERS
) CU-OR-CJC
ASSOCIATION, a Nonprofit Mutual )
Benefit Corporation, MICHAEL
)
CROSSLEY, CONNIE MORRIS,
)
GEORGIA W. HICKINGBOTHAM,
)
HOUSHANG KHADEMI, and DOES 1-10 )
INCLUSIVE,
)
)
Defendants.
)
________________________________)
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Deposition of:
CONNIE L. MORRIS
Date and time:
Thursday, February 12, 2015, 10:13 a.m.
Location:
30011 Ivy Glenn, Suite 121

Laguna Niguel, California 92677
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Reporter:
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Roxann M. Strid, CSR

Certificate No. 4842
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RMS COURT REPORTING SERVICE - (949) 859-0787
(MORRIS)
Deposition of CONNIE L. MORRIS, taken before
Roxann M. Strid, Certified Shorthand Reporter,
Certificate No. 4842, with principal office in the
County of Orange, commencing at 10:13 a.m., Thursday,
February 12, 2015, at the Law Office of
Tracy Ettinghoff, located at 30011 Ivy Glenn, Suite 121,
Laguna Niguel, California.
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APPEARANCES OF COUNSEL:
For the Plaintiff:
LAW OFFICE OF TRACY ETTINGHOFF
Attorneys at Law
BY: TRACY ETTINGHOFF, ESQ.
30011 Ivy Glenn
Suite 121
Laguna Niguel, California 92677
(949) 363-5573
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For the Defendant Harbor Pointe-Newport Owners

Association:
HAIGHT BROWN & BONESTEEL LLP
Attorneys at Law
BY: CHRISTOPHER KENDRICK, ESQ.
555 South Flower Street
Forty-Fifth Floor
Los Angeles, California 90071
(213) 542-8000
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(MORRIS)
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APPEARANCES (CONTINUED):
For the Defendants Georgia W. Hickingbotham and
Houshang Khademi:
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THE NAPOLES LAW FIRM

Attorneys at Law
BY: STEVEN R. NAPOLES, ESQ.
120 Vantis
Suite 300
Aliso Viejo, California 92656
(949) 540-6767
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For the Defendant Michael Crossley (Appearing

Telephonically):
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LITCHFIELD CAVO LLP

Attorneys at Law
BY: CHRISTOPHER CHAPLIN, ESQ.
251 South Lake Avenue
Suite 750
Pasadena, California 91101-3003
(626) 683-1100
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ALSO PRESENT:
Mahmood Rezai
Hal Morris
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(MORRIS)
I N D E X
Witness:
Examination:
BY MR. ETTINGHOFF ----------------------------------- 6
BY MR NAPOLES ------------------------------------- 109
CONNIE L. MORRIS
Page
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E X H I B I T S
Description
Page
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Grant Deed dated 3/12/14, two pages
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Harbor Pointe-Newport Owners Association,

Rules & Regulations And Architectural
Guidelines, Amended and Adopted by the
Board of Directors May 11, 2005, 12 pages
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Harbor Pointe-Newport Owners Association

Board Of Directors Meeting, General
Session Minutes, June 4, 2013, five pages
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Declaration Of Connie Morris, five pages
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Recorded Agreement For Landscaping

Variance, "Recording Requests By And
When Recorded Return To:
Michael Crossley", dated 12/11/13, six
pages
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Photocopy of two Mailing Envelopes,

Bates stamped HPNOA 0000081, one page
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(MORRIS)
E X H I B I T S
(CONTINUED)
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Description
Page
108
Recorded Agreement For Landscaping

Variance, "Recording Requests By And
When Recorded Return To:
Hal Morris, Trustee, Connie Morris,
Hal Morris Companies, Inc., VEBA",
dated 12/11/13, six pages
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INFORMATION REQUESTED:
QUESTIONS NOT ANSWERED:
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Page
Line
Page
Line
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44
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(None)
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NOTATIONS FOR COUNSEL

Page
Line
(None)
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(MORRIS)
LAGUNA NIGUEL, CALIFORNIA - THURSDAY, FEBRUARY 12, 2015
10:13 A.M.
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CONNIE L. MORRIS
called as a witness, and having been first duly sworn by
the Certified Shorthand Reporter, was examined and
testified as follows:
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EXAMINATION
BY MR. ETTINGHOFF:
Q
Would you, please, state your name for the
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record and spell it so the court reporter can take it
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down.
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Connie, C-o-n-n-i-e, L., like Larry, Morris,
M-o-r-r-i-s.
Q
All right.
Ms. Morris, my name is
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Tracy Ettinghoff and I represent Mahmood in this lawsuit
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and we're here to get some information from you today
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under oath, and the proceeding that we're doing is
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called a deposition.
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Have you ever had your deposition taken?
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No.
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Okay.
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Let me just go over some of the ground
rules so you understand what is happening.

The court reporter is seated to my right here
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(MORRIS)
and she's going to take down everything that's said
during the deposition in shorthand form and then at the
conclusion of the deposition, she transcribes it into a
booklet which is called the deposition transcript, all
right?
Okay.
You'll have an opportunity to review the
transcript after it's prepared and to make sure that
it's accurate, okay?
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Hm-hmmn.
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And if there's anything in it that you feel is
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inaccurate, you can make changes to the transcript;
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however, you're under oath today and the testimony that
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you give during the deposition is the same type of
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testimony that you give while you're testifying in
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court.
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that if you make any changes to the transcript after
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you've answered a question during this proceeding today,
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we can comment upon that at the trial because you're
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under oath right now; do you understand that?
It is under oath, and so I want to caution you
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Yes.
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I also want to just let you know that all of
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your answers have to be audible because even though you
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might shake your head like this, (indicating), and I
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might understand what that response is, it won't show on

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(MORRIS)
the record because she doesn't take down nods of the
head.
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She only can record audible responses.

So whenever I ask you a question, you do need
to answer audibly, all right?
All right.
Okay.
Also, I don't want you to guess at the
answer to any question.
either don't have a good answer -- I mean, you don't
either remember or you don't understand my question --
If there's some reason why you
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Hm-hmmn.
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-- I want you to tell me that you don't
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understand it and I'll try to rephrase it so you do
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understand it.
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I'm not trying to trick you.
I just want to
get your best testimony, okay?
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Okay.
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All right.
Are you under any kind of
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medication today that would prevent you from giving
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accurate testimony?
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No.
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Okay.
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Let's see.
Do you live at number 4
Harbor Pointe in the Harbor Pointe-Newport community?
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Yes.
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And how long have you lived there?
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20 years.
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(MORRIS)
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All right.
Are you familiar with the
Hal Morris Companies, Incorporated?
MR. KENDRICK:
I'm going to -- I'm going to
object to any line of inquiry into the business of the
Hal Morris Companies as involving private information of
third parties, confidential information, trade secrets,
and with that general statement, you can go ahead and
ask her a question, so --
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MR. ETTINGHOFF:
familiar with it.
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MR. KENDRICK:
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THE WITNESS:
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You can answer that one.

Yes.
BY MR. ETTINGHOFF:
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I only asked her if she was
Okay.
And are you familiar with the Hal Morris
Companies, Incorporated, VEBA, V-E-B-A?
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Yes.
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And do you have an understanding of what that
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is?
MR. KENDRICK:
I'm going to object, that that
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just involves confidential proprietary information and
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private information, third parties' financial
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information, and I think generally she can testify as to
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what her understanding of it is, but into any
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particulars, I'm not going to let her answer that.
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MR. ETTINGHOFF:
Well, I -- we're -- in the

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(MORRIS)
litigation, one of the issues is who was on the title,
so I'm just trying to determine who the title was held
by.
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MR. KENDRICK:
The association and Ms. Morris
are willing to stipulate as to who was on the title --
MR. ETTINGHOFF:
MR. KENDRICK:
Well --- and we've produced copies of
the recorded documents showing who was on the title,
when they were on the title, and so any further
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information is also irrelevant and I'm going to object.
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I'm going to instruct her not to answer.
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(Exhibit 1 was marked for identification
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by the Certified Shorthand Reporter, a copy of
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which is attached hereto.)
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BY MR. ETTINGHOFF:
Q
Okay.
Let me mark what we'll call Exhibit
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number 1 and have you review that.
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deed that was recorded on March 12th, 2014.
This is a copy of a
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(Document handed to counsel).
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MR. NAPOLES:
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Thank you.
BY MR. ETTINGHOFF:
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Do you recognize that?
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Yes.
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And this is a document which appears to be
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signed by your husband.
Is that your husband,

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(MORRIS)
Hal Morris?
Yes.
Okay.
And by this document then, your husband
added you to the title to the property at 4 Harbor
Pointe?
Yes.
Prior to that date, on March 12th, 2014, was
your name ever on the title to any property in
Harbor Pointe?
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I thought it was.
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But to your knowledge, you don't have any
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information to show that it was then?
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I guess not.
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How many times have you served on the board of
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directors at Harbor Pointe-Newport?
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Probably 13 years.
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And do you know the years that you served on
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the board, which years they were?
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Well, 2003 -- I was off two years.
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You were off for two years?
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Hm-hmmn.
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THE REPORTER:
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THE WITNESS:
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"Yes"?
Yes.
BY MR. ETTINGHOFF:
Q
When you say "off", you mean you were on

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(MORRIS)
vacation or you were just not on the board?
I was not on the board.
So that was around the 2003/2004 time period or
when?
No.
Okay.
Let's see.
2012 and about 2007.
I'm confused.
In 2012 and 2007 --
I didn't run on 2012.
Okay.
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Right.
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And in 2007, you did not run?
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I -- I don't remember if I ran.
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So are your annual elections usually in
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September?
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Yes.
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Okay.
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So in 2012, you did not run?
So for the September 2012 election, you
did not run?
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No.
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Okay.
I'm not trying to make this complicated.
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I just want to make sure I understand what years you
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were on the board.
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Were you on the board between -A
I was not on the board when Danni Sun and
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Frank Hickingbotham and Mahmood were on.
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that year.
I did not run
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(MORRIS)
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That would be from September of 2012 till
September of 2013?
Exactly.
Okay.
Did you also say that you were not on
the board in the time frame of around 2007?
Approximately, hm-hmmn.
Okay.
And that was a one-year period when you
were not on the board?
Hm-hmmn.
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Okay.
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THE REPORTER:
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THE WITNESS:
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"Yes"?
Yes.
BY MR. ETTINGHOFF:
Q
Do you know whether any of the other members at
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the Harbor Pointe-Newport Community Association were
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aware at the times when you were elected previously,
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that you were not on the title to the property at
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4 Harbor Pointe?
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No.
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You don't have any information?
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No.
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Okay.
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Have you ever served on the
architectural committee for the association?
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Yes.
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Okay.
And from the times that you have been on

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(MORRIS)
the board, has the architectural committee always been
the same as the board?
Yes.
They've never had a separate architectural
committee?
No.
Do you know whether or not you were on the
board in the approximate time period of 2005?
I -- yes, I believe I was, hm-hmmn.
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Are you aware of any other disputes in the
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Harbor Pointe-Newport Community Association about views
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since you've served on the board, other than Mahmood's
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dispute?
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No.
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Do you remember a dispute about views that
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Bill Adams was involved in?
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Do you know who Bill Adams is?
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I do.
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Okay.
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Wasn't Bill Adams on the board
previously?
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Yes, but not with me.
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Oh, he served --
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Different time.
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-- at a different time?
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Hm-hmmn.
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(MORRIS)
Was he on the board before you became --
Yes.
-- on-board?
Hm-hmmn.
Okay. And did you ever hear about a view
dispute involving Bill Adams?
No.
So you've never heard of any other view dispute
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at Harbor Pointe-Newport, other than the one that

Mahmood has going on right now?
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That's right.
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Has anybody else in the community, other than
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Mahmood, to your knowledge, ever complained about their
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view being blocked?
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To my knowledge, no.
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So the board -- neither the board or the
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architectural committee has ever been asked to resolve
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any dispute between members concerning a view, other
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than the current dispute that is going on with
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Mahmood Rezai?
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To my memory, no.
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Have you personally ever gone to Mr. Rezai's
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house to see what the view obstruction looks like from
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his home?
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MR. KENDRICK:
I'm going to object that your

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(MORRIS)
question assumes that there's a -- there is a view
objection -- or a view obstruction.
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If you could rephrase it in a way -BY MR. ETTINGHOFF:

Q
Have you ever been to Mahmood's house to see
the view from his property?
Yes.
When were you there?
I don't remember when.
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Do you remember how long ago it was?
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A number of years.
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Was it more than two years ago?
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Yes.
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Was it more than five years ago?
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I don't remember.
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What was the occasion that you were at
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Mr. Rezai's home for when you were there?

A
He wanted us to go look at his view.
He has
the best view in the whole community.

Q
So you went to Mr. Rezai's house for the
purpose of looking at his view?

A
He invited us to come, my husband and I, to
come look at the view.

Q
Was the purpose for looking at the view, was he
complaining about his view being obstructed or was he

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(MORRIS)
just showing you his house and saying, "Oh, look at my
beautiful view"?
view, no.
one time?
No, one time.
Okay.
I don't remember him complaining about the
Have you been there more than one time or only
You've only been to his house one
time --
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Yes.
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-- to look at his view?
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Right.
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Okay.
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One other occasion, he had the community in for
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a holiday gathering.
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Did you attend that?
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Yes.
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And do you remember when that was?
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No.
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And did you look at the view --
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No.
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-- on that occasion?
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Hmmn-hmmn.
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Was that at nighttime?
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Yes.
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(MORRIS)
So you don't have any estimate of when this
time was that you went to his house to look at -- for
the specific purpose of looking at his view?
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It was before he did his new construction; I
know that.
Before he remodeled the home?
Hm-hmmn.
THE REPORTER:
THE WITNESS:
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"Yes"?
Yes.
BY MR. ETTINGHOFF:
Q
Okay.
If I told you that he remodeled his home
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in approximately 2009, would that refresh your
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recollection as to when this might have happened?
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No, it doesn't refresh my recollection.
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Okay.
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Do you think it might have been more
than five years ago?
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Possibly.
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Have you ever been to Mr. Rezai's property
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after he remodeled his home?
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No.
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How did you know that he remodeled his home?
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Because he had to get approval, architectural
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approval.
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And you were on the board when he sought --
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Yes.
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(MORRIS)
-- architectural approval?
So just so I have the record clear then, to the
best of your recollection, you haven't been to
Mr. Rezai's home to look at the view from his home since
before he remodeled his home; is that correct?
That's correct.
All right.
Have you ever been asked to --
while you were on the board or the architectural
committee, to resolve any dispute concerning Mr. Rezai's
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view?
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MR. KENDRICK:
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THE WITNESS:
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MR. KENDRICK:
I'm going to -Yes.

-- object to the question that
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it's vague and ambiguous as to what you're talking about
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resolve any dispute as to the view.
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MR. ETTINGHOFF:
Well, one of the provisions in
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the CC&R's, as you know, states that if there's a
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dispute between owners concerning a view, the dispute
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shall be submitted to the architectural committee which
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shall make the decision about that.
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MR. KENDRICK:
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MR. ETTINGHOFF:
Is that the wording of the -It's something to that effect
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and so I'm just trying to find out from her whether
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she's ever been on the board or the architectural
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committee when it was asked that she or the board when

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(MORRIS)
she was serving on it resolve a dispute concerning
Mr. Rezai's view.
MR. KENDRICK:
I'm still going to object to
that.
of the board to grant variances and I'm not sure it just
says anything in general about resolve a dispute; I
mean, the board and the ARC have specific duties and
authorities, and with that objection, I'm going to say
if you can answer that, go ahead.
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I think the wording has to do with the authority
If you can reask your question, go ahead.

BY MR. ETTINGHOFF:
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Do you understand the question?
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Yes, I understand.
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Okay.
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And let me repeat it then just so we can
understand.
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I'm trying to find out if you while serving on
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the board of directors at the association or on the
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architectural committee were ever in the position of
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having to resolve a dispute concerning Mr. Rezai's view.
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To my recollection, yes, once.
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Do you recall when that was?
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I do not recall.
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And do you remember what the nature of the
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dispute was?
A
It was between Mahmood and number 8.

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(MORRIS)
Number 8 was --
Hans.
-- Khademi?
Hm-hmmn.
MR. KENDRICK:
THE WITNESS:
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"Yes" or "no"?
Yes.
BY MR. ETTINGHOFF:
Q
All right.
So you remember a dispute between
Mr. Rezai and Mr. Khademi about Mr. Rezai's view?
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Yes.
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Okay.
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No, I do not recall.
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All right.
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Can you tell me what that dispute was?
And you don't have a recollection
as to the approximate time frame when that occurred?
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No.
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Do you recall what the resolution of that
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dispute was?
A
On recommendation of the property manager at
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that time, he said this was a neighbor-to-neighbor
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dispute.
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about it?
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Correct.
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When that dispute arose between Mr. Rezai and
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So the association didn't make any decision
Mr. Khademi about his view, did you or any other members
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(MORRIS)
of the board go to Mr. Rezai's property to see what the
view dispute was about or to see the effect of
Mr. Khademi's trees on Mr. Rezai's view?
I don't remember.
So while you've served on the board at the
association or the architectural committee, you yourself
have never personally been involved in the resolution of
any view disputes; is that correct?
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MR. NAPOLES:
Objection, misstates prior
testimony.
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MR. KENDRICK:
Yeah, I'm also going to object
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to the form of the question as assuming some facts that
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aren't in evidence and potentially being vague and
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ambiguous with regard to what's a dispute and what the
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duties of the board are under the CC&R's, the
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architectural guidelines and other governing documents.
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BY MR. ETTINGHOFF:
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Well, let me rephrase the question just so you
understand what I'm trying to find out.
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Do you recall ever serving on the board at the
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association or the architectural committee when you were
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engaged in the process of trying to resolve a view
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dispute, other than the dispute that Mr. Rezai has going
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on right now?
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I do not recall.
22
(MORRIS)
You don't recall any other view disputes?
No.
So you personally have never been asked to
decide then whether somebody's view at Harbor Pointe is
unreasonably obstructed?
No.
And you haven't heard of any other disputes
regarding views, other than the dispute that Mr. Rezai
has going on at Harbor Pointe?
10
11
Well, inside the community you're talking
about?
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Yes.
13
Outside the community there's been issues with
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neighbors across the street out of the community, but
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no.
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Oh, what was the dispute with neighbors outside
of the community?
A
Neighbors that resided in number 11 wanted the
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view opened up across the street where there's a lot of
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foliage, so --
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Oh, the --
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Across San Miguel.
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Okay.
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And that that foliage was not within the
Harbor Pointe -A
No.
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(MORRIS)
-- Newport community?
That's what I said.
Oh, okay.
So to your knowledge, has the
association ever enforced the provision in the CC&R's
that requires homeowners to maintain the trees on their
lot to a height not to exceed their ridgeline?
MR. KENDRICK:
I'm going to object, that
that -- that assumes that facts aren't in evidence and
potentially misstates the scope of what's -- what's the
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governing documents specify in terms of the board's
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obligation to resolve disputes and the architectural
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committee's duties.
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MR. NAPOLES:
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MR. KENDRICK:
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THE WITNESS:
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MR. ETTINGHOFF:
I'll join.
You can answer it.
Could you repeat that, please?
Well, let's have the court
17
reporter read the question back.
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(Record read).
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THE WITNESS:
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BY MR. ETTINGHOFF:
Q
When has the association enforced that
provision?
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All the time.
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Okay.
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Yes.
We keep our trees trimmed.
When you say, "We keep our trees
trimmed", are you talking about you and your husband

24
(MORRIS)
1
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personally on your lot or what?

A
We have 20 homes, very small community, and
everybody abides by the CC&R's and keeps their trees
below their ridgeline.
Okay.
Your testimony is that all the
homeowners in Harbor Pointe-Newport maintain their trees
on their lots --
Yes.
-- below the ridgeline of --
10
Yes.
11
-- their houses?
12
Yes.
13
Even now?
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Yes.
15
16
17
Oh, when you say "trees" then, you're not
including palms?
A
No.
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Okay.
It's a different species.

Let me see if I can rephrase the
question then about palm trees then.
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Palms are
different.
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Palms are not trees.
To the best of your recollection, while you've

served on the board at --
23
Right.
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-- Harbor Pointe-Newport, has the association
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ever required anybody to maintain the palm trees on

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(MORRIS)
their property to a height not to exceed the ridgeline
of their house?
3
4
MR. KENDRICK:
I'm going to object that a palm
isn't necessarily a tree --
MR. ETTINGHOFF:
MR. KENDRICK:
Well --- but with that proviso, you
can go ahead and answer it.
BY MR. ETTINGHOFF:
10
Everybody maintains the trees, the palms.
11
Okay.
I'm trying to find out, though -- do you
12
understand that before this lawsuit was filed, there was
13
a provision in your CC&R's regarding the height of
14
trees?
15
Yes.
16
Are you familiar with that?
17
Yes.
18
Okay.
And what I'm trying to find out from you
19
is whether or not the association has ever enforced that
20
provision with regard to palm trees.
21
22
MR. KENDRICK:
Same objection.
BY MR. ETTINGHOFF:
23
Okay.
24
Seems like a trick.
25
I'm not trying to -26

(MORRIS)
I don't want --
I'm not trying to trick you.
I'm just trying
to find out whether or not the association has ever told
anybody by sending them a letter or asked them in
Harbor Pointe to keep their palms trimmed to a height
not to exceed the height of their roof.
Now, when you added that last part, that's
when -- not to exceed the roofline, we ask people to
keep them trimmed, and they're all very manicured and in
10
good shape, but when you add that last part --
11
The last part about not to exceed the --
12
Above the ridgeline, yeah.
13
Oh, so if I understand your response then,
14
you're saying that to your knowledge, people generally
15
keep their palms trimmed --
16
Yes.
17
-- but not necessarily to a height that doesn't
18
exceed the top of their house; is that what you're
19
saying?
20
Correct.
21
Okay.
So just to be clear then, you're not
22
aware of any prior occasion when the association has
23
demanded that somebody trim their palms on their
24
property to a height which does not exceed the height of
25
their roof; is that right?

27
(MORRIS)
That's correct.
5
6
BY MR. ETTINGHOFF:
Q
All right.
I'm going to ask you to look at
what we'll mark as Exhibit number 2.
the "Harbor Pointe-Newport Owners Association Rules &
Regulations And Architectural Guidelines Amended and
10
This is copy of
Adopted by the Board of Directors" on May 11, 2005.
11
For the record, I will represent that this was
12
attached to your Declaration filed in connection with
13
the Motion for Summary Judgment, and anyways, I'd like
14
you to look at that and see if you recognize it.
15
Yes, I'm familiar with this.
16
Were you on the board when these "Rules &
17
Regulations" were adopted?
18
Yes.
19
To your knowledge, have these "Rules &
20
Regulations" ever been amended since the date these were
21
adopted?
22
Amended?
I don't know.
Are you --
23
What I'm trying to find out is whether or not
24
these are still the current "Rules & Regulations And
25
Architectural Guidelines" of the association.

28
(MORRIS)
MR. KENDRICK:
I'm going to object to the
question about being amended as calling for a legal
conclusion.
those might have been superceded by the amendment to the
CC&R's themselves could be vague and ambiguous in that
regard, but you can answer the question.
BY MR. ETTINGHOFF:
8
9
10
You know, to the extent that something in
Do you ever recall any amendments to the "Rules
& Regulations" or the "Architectural Guidelines" since

you've been on the board?
11
Amendments, yes.
12
When?
13
14
MR. KENDRICK:
(indicating).
15
16
He's asking about these,
THE WITNESS:
On this?
Oh.
No, this --
BY MR. ETTINGHOFF:
17
All right.
18
No.
19
To your knowledge then, these "Rules &
20
Regulations And Architectural Guidelines" that we've
21
marked as Exhibit 2 are still in effect then now?
22
To the best of my knowledge.
23
Did you attend any of the meetings in the year
24
2013 of the board when Mr. Rezai's view dispute was
25
being discussed?
29
(MORRIS)
What part of 2013, though?

MR. NAPOLES:
Objection, vague and the only
reason I say that is she was a member for part of that
time frame --
THE WITNESS:
Yes.
MR. NAPOLES:
-- and on the board for part of
that time.
general meetings, executive session is the split?
Thanks so much.
10
11
12
In the term "meeting", are we talking
THE WITNESS:
It overlaps.
BY MR. ETTINGHOFF:
Q
All right.
Well, let's see.
You've told us
13
previously that you were not on the board from
14
September 2012 through September 2013, correct?
15
was the year that you were off the board?
That
16
To the best of my knowledge.
17
So for the year 2013 then, you were off the
18
board from January through September, correct?
19
To the best of my knowledge, yes.
20
Let me rephrase my question then.
21
From that time period, from January of 2013
22
till September of 2013, did you attend any of the
23
meetings, any board meetings at Harbor Pointe when
24
Mr. Rezai's view complaint was being discussed?
25
No.
30
(MORRIS)
All right.
What about, there was a meeting
that occurred in June of 2013 concerning Mr. Rezai's
view complaint.
Did you attend that meeting?
I don't remember.
8
9
10
BY MR. ETTINGHOFF:
Q
All right.
I'm going to now show you what
we'll mark as Exhibit number 3.
11
12
MR. NAPOLES:
13
14
Thank you.
BY MR. ETTINGHOFF:
Q
This is a copy of the minutes of a board of
15
director meeting which occurred on June 4th, 2013.
16
was produced by the association as part of the discovery
17
and these minutes show that you and your husband were
18
present at that meeting; do you recall that?
This
19
I guess we were.
I don't recall the meeting.
20
On Page 2 of these minutes, it shows that the
21
homeowners from number 1 and number 8 Harbor Pointe were
22
present for hearings to discuss the tree trimming
23
requested by the board of directors.
24
25
MR. KENDRICK:
Is there a question there?
BY MR. ETTINGHOFF:
31
(MORRIS)
Yeah, I'm just asking you to read this section
of the minutes to see if that refreshes your
recollection about that meeting.
It does not.
All right.
And then further on in these
minutes then, there's a copy of the executive session
minutes for on the same date.
I was not on the board at this time.
All right.
10
So I would not be in executive session.
11
All right.
12
So you did not ascend the executive
session --
13
No.
14
-- on June 4th?
15
No.
16
All right.
Other than what's in the minutes of
17
that executive session meeting, do you have any personal
18
knowledge about what occurred in that executive session?
19
20
No.
MR. KENDRICK:
I'm also going to object that
21
she actually testified that she was not present at the
22
executive session so she wouldn't, other than implies
23
somehow that she might have had knowledge of executive
24
session and that misstates her testimony.
25

32
(MORRIS)
3
4
5
BY MR. ETTINGHOFF:
Q
Okay.
Now, I'm going to ask you to look at
what we'll mark as Exhibit number 4.
Do you recognize this document?
Yes.
And on the last page, page 4, is that your
signature of Exhibit number 4?
10
Yes.
11
And did you read the contents of this
12
Declaration before you signed it?
13
Yes.
14
All right.
Let's see.
I'm going to ask you to
15
look at paragraph "14." of your Declaration.
16
Page 2.
17
I'll read it into the record.
It's on
It says,
18
"Following complaints by Plaintiff in 2012 that his view
19
was being obstructed, the Board instructed the
20
management company to notify homeowners requesting
21
trimming, which was performed."; you see that?
22
I see it.
23
And is that something that you know of your own
24
25
personal knowledge?
A
To the best of my knowledge, I was not on the

33
(MORRIS)
board, but could have been part of that year; I don't
know.
This is true.
Well, I'm trying to find out what information
you had to base that statement on.
5
6
I signed it.
You said that you were not on the board when

this occurred, right?
MR. KENDRICK:
No, I believe she testified,
Counsel, that she was not on the board for part of 2012.
BY MR. ETTINGHOFF:
10
Well, were you on the board when the board
11
instructed the management company to notify homeowners
12
requesting trimming?
13
I don't remember.
14
Were you on the board at any time when the
15
homeowners did the trimming that you're referring to in
16
paragraph "14."?
17
18
19
20
I signed this Declaration and whatever I said
is true.
Q
I know you signed it, but I'm trying to find
out the basis for your statements in this Declaration.
21
Well --
22
Do you --
23
Well, board decisions are binding, so I'm sure
24
25
this is true.
Q
But I'm trying to find out where you got this

34
(MORRIS)
information from.
Is this something that you found from the
minutes that you reviewed or did somebody tell you this?
How do you know this if you were not on the board when
this occurred?
I don't recall.
You state in paragraph "14." that, "... the
Board instructed the management company to notify
homeowners requesting trimming, which was performed."
10
Hm-hmmn.
11
All right.
Now, when you say "which was
12
performed", you're referring to the trimming or the fact
13
that the letters went out?
14
Both.
15
Okay.
16
And you have personal knowledge of this
trimming that was done?
17
To the best of my recollection, yes.
18
All right.
So did you observe trimming being
19
done by either Michael Crossley, the Hickingbothams or
20
Mr. Khademi?
21
MR. NAPOLES:
22
compound and vague.
23
each individual.
24
25
I'm going to object.
It's
I think you need to break it out by
MR. ETTINGHOFF:
Okay.
BY MR. ETTINGHOFF:
35
(MORRIS)
1
2
Well, did you observe any of these three
individuals doing trimming after these letters went out?
MR. NAPOLES:
Objection, assumes facts not in
evidence as to whether or not all of the individuals you
just named received those letters in the first place.
MR. ETTINGHOFF:
Well, she testified that she
believes the letters went out.
she --
MR. KENDRICK:
I believe that's what
But you never defined as to who.
10
You just automatically assumed that it was Hans, the
11
Hickingbothams and Mr. Crossley.
12
BY MR. ETTINGHOFF:
13
14
Well, I'm just trying to find out whether you
observed any of the homeowners doing trimming after.
15
Homeowners do trimming all the time --
16
But I'm --
17
-- including us.
18
I'm talking about the trimming that was
19
requested that you're referring to in paragraph "14." of
20
your Declaration.
21
Yes.
22
Okay.
Okay.
My question is:
Did you observe any of
23
the homeowners doing any trimming after in response to
24
these letters that your paragraph "14." is referring to?
25
MR. NAPOLES:
Same objection.
36
(MORRIS)
THE WITNESS:
it.
BY MR. ETTINGHOFF:
Well, this doesn't say I observed
My question to you is:
No.
Okay.
Did you observe it?
So is the information that you have in
paragraph "14." then based on hearsay then, just what --
No.
-- other people have told you?
10
No.
11
What is it based on?
12
MR. KENDRICK:
Counsel, you know -- I mean, it
13
says on its face that she reviewed the records of the
14
association in preparing the Declaration and --
15
MR. ETTINGHOFF:
You know as well as I do, I
16
have the absolute right to ask her whether she has
17
personal knowledge of this.
18
personal knowledge on it and it's based on hearsy, it's
19
inadmissible.
20
MR. KENDRICK:
If she doesn't have
She testified that she has no
21
recollection as she sits here today.
22
BY MR. ETTINGHOFF:
23
Okay.
So just to be clear that the record is
24
clear, paragraph "14.", you did not personally observe
25
any of the events that are described in paragraph "14.",

37
(MORRIS)
correct?
2
3
MR. KENDRICK:
As you sit here today, based on
your recollection as you sit here today.
THE WITNESS:
MR. KENDRICK:
As I sit here today.

That's the only basis you have
as you sit here to testify.
BY MR. ETTINGHOFF:
8
9
Okay.
Let's move on to paragraph "15." then.
I'll read it into the record.
It says, "This was
10
followed by management company inspections and requests
11
for further trimming, all of which was accomplished.";
12
you see that?
13
Yes.
14
Do you have any personal knowledge of the facts
15
stated in that sentence?
16
MR. KENDRICK:
17
as you sit here today.
18
THE WITNESS:
To the best of your recollection
Yes.
To the best of my
19
recollection as I sit here today, yes.
20
BY MR. ETTINGHOFF:
21
You have personal knowledge of it?
22
To the best of my recollection as I sit here
23
24
25
today.
Q
Okay.
My question is:
Did you personally
observe any of this management company inspections or

38
(MORRIS)
requests for further trimming or the accomplishment of
that trimming?
3
4
5
6
To the best of my recollection as I sit here
today, it's true.

Q
I'm not asking you whether it's true.
asking you whether you personally observed it.
Yes.
Okay.
You were not on the board at that time,
correct?
10
I don't remember.
11
All right.
12
I'm
Well, you were not on the board
between September 2012 and September 2013, correct?
13
Correct.
14
Do you know what time frame paragraph "15."
15
refers to?
16
No.
17
Isn't it true, ma'am, that paragraph "15." is
18
based on what other people have told you and you don't
19
have any personal knowledge of it?
20
MR. KENDRICK:
21
extent that would call for disclosure of attorney-client
22
privileged material.
23
to anything I may have said to her.
24
BY MR. ETTINGHOFF:
25
Okay.
I'll instruct her not to answer as
That's fine.
You can follow your
39
(MORRIS)
counsel's instruction regarding that, but I'm still
entitled to an answer to the question.
3
4
MR. KENDRICK:
7
8
MR. ETTINGHOFF:
I'm just asking you whether you have any
personal knowledge of any of this in paragraph "15."

A
Yes.
10
Okay.
12
13
Number "15.".
BY MR. ETTINGHOFF:
11
Where are we at,
number "15."?
5
6
I'm sorry.
And what personal knowledge do you have?
Do you have -A
I was asked by Danni Sun to continue to do
landscape inspections.
14
When?
15
When -- when Rezai and Hickingbotham and Danni
16
were on the board.
17
to just walk around.
18
19
You mean when you got back on the board in
September of 2013; is that what you're talking about?
20
MR. KENDRICK:
21
testimony.
22
BY MR. ETTINGHOFF:
23
So she asked me if I would continue
No, I think that misstates her
Have you ever seen the letters that went out by
24
the board to any of the homeowners asking them to do
25
further trimming on their trees?

40
(MORRIS)
I don't recall.
Were you ever asked by the board to take a look
at any of the trimming that was done either by
Michael Crossley, Hans Khademi or the Hickingbothams of
their palm trees?
MR. KENDRICK:
Well, I'm going to object to
that, first of all, by the use of the term "palm trees".
I'm going to object also again as it's compound as
Mr. Napoles has pointed out and with respect to each of
10
those persons, and I'm also going to object that I think
11
it misstates her testimony in that she just testified a
12
second ago that she was asked by -- by I believe Ms. --
13
THE WITNESS:
14
MR. KENDRICK:
15
So with that objection, you can go ahead and

answer the question, if you want.
18
MR. NAPOLES:
19
evidence.
20
BY MR. ETTINGHOFF:
21
22
-- Danni Sun to inspect on
behalf of the board.
16
17
Danni.
Further assumes facts not in
I'm not even sure if I recall the question now.
Let me repeat it.
23
Please.
24
Have you ever been asked while you were either
25
on the board or while you were not on the board to

41
(MORRIS)
inspect any trimming of any kind of trees, including
palm trees, by Michael Crossley, Hans Khademi or the
Hickingbothams?
MR. KENDRICK:
Was she
asked by those people or was she asked by someone else?
The question is vague and ambiguous.
BY MR. ETTINGHOFF:
Were you asked by anybody to do that?

MR. KENDRICK:
I'm also going to object that I
10
think she just testified that she was asked by Danni Sun
11
to perform that exact task.
12
BY MR. ETTINGHOFF:
13
Okay.
14
She asked me to do the property -- I've done
What did Danni Sun ask you to do?
15
these property walks once a month for a bazillion years
16
and she didn't want to do it, so --
17
18
Okay.
Let's develop that a little bit.
saying you do property walks as a board member then?
19
That this was a voluntary, the --
20
Okay.
21
22
You're
testimony is.
A
I'm trying to find out what your

You said that you've done --
The year that -- that Danni and Frank were on
23
the board, she asked me to continue to do the property
24
walks, yes.
25
What are the "property walks"?

42
(MORRIS)
You walk around the whole property and you
observe if there's dead shrubs or flowers on the HOA
premises.
Okay.
On the property walks then, you're
looking at common area only?
Hm-hmmn, right.
Okay.
So you're looking to see if there's any
maintenance needed on the common area?
Vegetation, yes.
10
And if there is, then you tell the landscaper
11
to --
12
Sure.
13
-- fix it?
14
Yes.
15
Okay.
16
And how often do these property walks
take place?
17
Once a month.
18
And does the property manager go with you on
19
those walks?
20
Yes.
21
Now, during those walks that occur once a
22
month, are you also inspecting the vegetation on the
23
individual lots that are owned by the homeowners?
24
No.
25
All right.
So these walks are mainly to

43
(MORRIS)
inspect the common areas to determine whether any
maintenance is required?
Exactly.
Who prepared this Declaration that we've
identified as Exhibit number 4?
MR. KENDRICK:
calls for attorney-client privileged communications, but
the fact is I'm the one who assisted Ms. Morris.
worked together in preparing this.
10
11
12
We
BY MR. ETTINGHOFF:
Q
Did you have any input in the preparation of
this document, ma'am?
13
I signed it.
14
I'm asking you whether you had any input in the
15
preparation of it.
16
MR. KENDRICK:
I'm going to say that calls for
17
an attorney-client communication and object and instruct
18
her not to answer.
19
BY MR. ETTINGHOFF:
20
Okay.
I'm going to ask you to look at
21
paragraph "16." of your Declaration where it says, "The
22
Association also hired its own tree surgeon to trim
23
landscaping on the common areas."
24
25
Do you see that statement?

A
Yes.
44
(MORRIS)
that?
And can you explain to me what you mean by
Yes.
We have professional people who trim the
palms and the trees --
All right.
-- once a year.
Okay.
And --
Do you know the time frame every year
when that's usually done?
No.
10
Each year it's different?
11
(No audible response).
It's different.
12
THE REPORTER:
13
THE WITNESS:
14
15
Is that a "yes"?
Yes.
BY MR. ETTINGHOFF:
Q
Okay.
Let's look at paragraph "17.".
It
16
states, "Notwithstanding, Mr. Rezai complained that
17
certain tall palms continued to obstruct his view."
18
right.
19
Where do you get that information from?
20
MR. KENDRICK:
All
I'm just going to object that
21
the Declaration states at its outset that she's
22
inspected the records of the association and these are
23
kept in the ordinary course of business, and with that
24
objection, you can go ahead and answer, if you know.
25
BY MR. ETTINGHOFF:
45
(MORRIS)
1
2
Do you know what time frame that sentence
refers to in paragraph "17."?
MR. KENDRICK:
frame, Counsel.
complained.
I don't think it states any time
It just states on its face that he
MR. ETTINGHOFF:
I know.
That's what I'm
trying to find out is what the time frame is.
BY MR. ETTINGHOFF:
9
10
If you don't know what the time frame is,
then --
11
I don't know.
12
Let's go to paragraph "18." of your
13
Declaration.
14
investigated and then-Board and Arc members Danni Sun
15
and Frank Hickingbotham issued a binding decision that
16
there was no unreasonable obstruction of Mr. Rezai's
17
view."
I'll read it into the record, "The ARC
18
MR. KENDRICK:
19
MR. ETTINGHOFF:
20
now.
21
BY MR. ETTINGHOFF:
22
statement by you?
24
facts in this sentence?

A
There's going to be a question
First of all, what is the basis for this
23
25
Is there a question there?
Did you personally observe any of the
Well -46
(MORRIS)
Pardon me?
MR. KENDRICK:
Recognizing, of course, Counsel,
that she can only testify as to what she recalls sitting
here today and that the Declaration on its face is what
the foundation of these statements are.
MR. ETTINGHOFF:
Well, you're basing a Motion
for Summary Judgment on these statements; therefore, I
have the right to cross-examine her about it and that's
what I'm doing.
10
I want to know --
MR. KENDRICK:
Certainly, but again, as I
11
stated, all she can testify as she sits here today is
12
what she recalls sitting here today.
13
14
MR. ETTINGHOFF:
the basis for this is in this deposition, then --
15
THE WITNESS:
16
the lawsuit.
17
BY MR. ETTINGHOFF:
18
Well, if she can't recall what
We're in a litigation; I mean,
I know we're in a lawsuit and that's why I'm
19
entitled to know what the basis for this statement is in
20
paragraph "18.".
21
basis for it.
22
I don't believe that there is any
Are you aware of any documents that you've ever
23
seen showing that Danni Sun or Frank Hickingbotham
24
issued a binding decision that there was no unreasonable
25
obstruction of Mr. Rezai's view?
Have you ever seen any
47
(MORRIS)
documents that show that?
MR. KENDRICK:
THE WITNESS:
If you recall.
No.
BY MR. ETTINGHOFF:
Did somebody tell you that?
Yes.
Who?
It's common knowledge in the community.
I'm asking you who told that to you then.
10
your statement is in paragraph "18.", is that based
11
solely on what people have told you?
12
Yes.
13
Okay.
14
What
So it's based entirely on hearsay,
correct?
15
No.
16
Well, if it's not based on hearsay then, what's
17
18
19
20
21
22
it based on?
MR. KENDRICK:
calls for a legal conclusion.

MR. ETTINGHOFF:
I'm entitled to know the basis
for her Declaration, Counsel.

MR. KENDRICK:
As based as to what she recalls
23
here today.
All she can testify to is what she recalls
24
sitting here today.
25
what the foundation for the statements contained in
The Declaration on its face states
48
(MORRIS)
there are and as of the date it was signed.
BY MR. ETTINGHOFF:
All right.
Ms. Morris, isn't it true that you
didn't write paragraph "18." and you don't have any
personal knowledge of the facts stated in paragraph
"18." and the information contained there is based
entirely on hearsay?
8
9
MR. KENDRICK:
I'm going to object to that as
calling for attorney-client communications which are
10
privileged.
11
to anything I may have said to her, and I'm also going
12
to object again that the Declaration says on its face
13
what the foundation for the statements in there are and
14
all she can testify to here sitting here today is what
15
she recalls as she sits here today.
16
I'm going to instruct her not to answer as
If she testifies that she has no recollection
17
of it as she sits here today, then that is what she
18
would testify to, but I don't think you can harass her
19
and sit here and keep drilling her about whether she
20
has -- whether there's a factual basis for this when the
21
Declaration says on its face what the factual basis is
22
for it.
23
BY MR. ETTINGHOFF:
24
25
Okay.
Your counsel has placed his objection on
the record and now I'm entitled to an answer.
What's
49
(MORRIS)
the answer?
2
3
I'm going on his advice of my counsel not to
answer it.
He didn't instruct you not to answer it.
Yes, he did.
MR. KENDRICK:
I only instructed you not to
answer as to anything I may have told you; however,
otherwise, to the extent sitting here today, if you can
recall anything about what's stated in paragraph "18.",
10
then you should answer Mr. Ettinghoff's question, if you
11
recall.
12
THE WITNESS:
13
MR. KENDRICK:
14
THE WITNESS:
I don't want to -Answer his question, please.

Well, I signed this document that
15
everything in here is true, so that's it.
16
BY MR. ETTINGHOFF:
17
I know you signed the document, ma'am.
I'm
18
trying to find out where the information came from; I
19
mean, this document was provided to you by your attorney
20
I assumed --
21
Uh-huh.
22
-- and you read it and you signed it, correct?
23
Yes.
24
Okay.
25
You didn't write paragraph "18.", did
you?
50
(MORRIS)
MR. KENDRICK:
I'm going to object to this
whole line of questioning.
harassing the witness.
says.
that's -- that's the problem is the Declaration in and
of itself -MR. ETTINGHOFF:
MR. KENDRICK:
10
The Declaration says what it
If she sits here today and she can't remember,
You're just -- you're just
Okay.
Counsel, I'm --
-- states what the foundations
are.
MR. ETTINGHOFF:
-- I'm getting tired of this
11
and we're going to be here all day long, because you're
12
trying to base a Motion for Summary Judgment based on
13
paragraph "18." and, therefore, I'm entitled to know
14
whether or not she has any personal knowledge of the
15
facts stated in that paragraph.
16
If she has no personal knowledge of the facts
17
stated in paragraph "18.", I want to know right now and
18
then, because if she has no personal knowledge of it,
19
that paragraph is inadmissible and you know it, Counsel,
20
and I also think that this is, you know, frankly -- you
21
know, you filed a whole Motion for Summary Judgment
22
based upon a Declaration which obviously you prepared
23
which this witness had no input into preparing.
24
25
She has no personal knowledge of the facts

stated in this Declaration and, you know, unless she can
51
(MORRIS)
show that she has personal knowledge of it, I'm going to
object to every single sentence in this Declaration that
she obviously doesn't have personal knowledge of and,
therefore, your Motion for Summary Judgment is going to
be denied.
MR. KENDRICK:
Are you finished?
All I'm
saying, for the record, is that all she can testify as
she sits here today is whether she recalls it or not.
You're asking her to state definitively whether
10
she has personal knowledge based on a Declaration that
11
she went through and signed months ago and all of a
12
sudden, you're demanding that -- you're harassing her
13
and demanding that she state personal knowledge, when
14
all she is able to testify to and all she's required to
15
testify to under the Code is what she recalls presently,
16
okay?
17
fine; however --
18
19
So if you want to attack the Declaration, that's
MR. ETTINGHOFF:
I'm going to attack the
Declaration.
20
MR. KENDRICK:
21
MR. ETTINGHOFF:
22
MR. KENDRICK:
That's fine.
Okay.
However, on its face, it states
23
there's a foundation for this.
24
what's contained in here is true --
25
MR. ETTINGHOFF:
She's testified that
She's already admitted -52
(MORRIS)
MR. KENDRICK:
MR. ETTINGHOFF:
-- as of the time she signed it.

Counsel, she's already
admitted she wasn't even on the board during the time
period when these events were occurring, okay, and --
MR. KENDRICK:
MR. ETTINGHOFF:
That's fine.
-- and I'm entitled to know
whether she has personal knowledge of these facts or
whether they're just based on hearsay.
9
10
11
MR. KENDRICK:
Okay.
BY MR. ETTINGHOFF:
Q
So I'm going to ask the question again, ma'am:
12
Paragraph "18.", do you have any personal knowledge of
13
the facts that are stated in your paragraph "18." of
14
your Declaration which we've identified as Exhibit
15
number 4 or is the information contained in that
16
sentence based upon entirely what people have told you?
17
18
I'm not going to answer on the advice of my
counsel.
19
MR. ETTINGHOFF:
20
MR. KENDRICK:
Counsel, you might -You have to answer to the extent
21
that it doesn't involve something I said to you.
22
only have to answer to the extent that you have a
23
recollection sitting here today.
24
THE WITNESS:
25
MR. ETTINGHOFF:
You
This whole thing is -Do you want to take a break -53
(MORRIS)
THE WITNESS:
MR. ETTINGHOFF:
Okay.
MR. KENDRICK:
MR. ETTINGHOFF:
Yes, yes.
-- Counsel?
Let's take a -- go off the record.

Sure.
Okay.
Is it stipulated we're
off the record now?
MR. KENDRICK:
MR. ETTINGHOFF:
(Discussion off the record.)
Yes.
Okay.
10
(Recess from 11:20 a.m. to 11:25 a.m.).
11
MR. ETTINGHOFF:
12
I think before we went
on -- let's go back on the record.
13
14
Okay.
Ready?
Is that stipulated, Counsel, we're back on the

record?
15
MR. KENDRICK:
16
MR. ETTINGHOFF:
Yes.
All right.
Before we went on
17
a break, there was a question pending and I'd like the
18
court reporter to read it back, please.
19
20
21
22
(Record read).
BY MR. ETTINGHOFF:
Q
All right.
So, ma'am, I'm going to ask you
again to answer that question now.
23
I don't remember.
24
That's your answer?
25
Yes.
54
(MORRIS)
And just to be clear, you're not aware of any
documents such as minutes or letters or correspondence
or any other documents which show that Danni Sun and
Frank Hickingbotham issued a binding decision that there
was no unreasonable obstruction of Mr. Rezai's view?
I'm not aware of those.
Not aware?
Did not see them.
You've not seen any documents that show that,
10
correct?
11
No.
12
Let's go to paragraph "20." in your
13
Declaration.
14
ARC's binding determination that his view was not
15
unreasonably obstructed did not satisfactory Mr. Rezai,
16
the successor ARC, which by then included the Mr. Rezai,
17
myself and Mr. Crossley, undertook to grant variances to
18
the individual homeowners.", all right?
19
True.
20
Okay.
21
I'll read it into the record, "When the
You have personal knowledge of this in
paragraph "20."?
22
Yes.
23
And the reason why you have personal knowledge
24
25
is because you were on the board when this occurred?

A
Yes.
55
(MORRIS)
And just to go back to paragraph "18.", isn't
it true that you were not on the board when the facts
that are described in paragraph "18." took place?
Correct.
Why did you as a board member or a member of
the ARC decide to grant variances to the individual
homeowners?
8
9
10
MR. KENDRICK:
extent that calls for a disclosure of anything that

might have occurred in executive sessions of the board.
11
MR. ETTINGHOFF:
12
executive session.
13
answer to it.
14
15
18
19
I don't care if it occurred in
I'm still entitled to know the
MR. KENDRICK:
You can go ahead and answer, if
you know.
16
17
THE WITNESS:
Because they asked for them.
BY MR. ETTINGHOFF:
Q
And we're speaking about Michael Crossley and
Hans Khademi and the Hickingbothams; is that --
20
Yes.
21
So they asked for a variance for their palm
22
trees?
23
Yes.
24
All right.
25
And you decided that you should
give them a variance?

56
(MORRIS)
Yes.
And why did you decide that they should get a
variance for their palms?
MR. NAPOLES:
Point of clarification,
Counselor, are you asking her individually or
collectively for the board or what?
that it's vague as to what -- are you seeking her
personal knowledge and personal motives or the entire
board of directors?
10
11
12
MR. ETTINGHOFF:
I guess I'll object
Well, let's go into both.
BY MR. ETTINGHOFF:
Q
I mean, did you have a discussion with the
13
other board members or the architectural committee
14
members about these palms that were existing on the
15
Crossley, Khademi and Hickingbotham properties?
16
MR. KENDRICK:
17
extent that calls for a disclosure of something that may
18
have occurred in executive sessions of the board.
19
MR. ETTINGHOFF:
Counsel, you know as well as I
20
do that just because something happens in executive
21
session doesn't mean that it's not admissible.
22
23
24
25
MR. KENDRICK:
I'm making my objection for the
record, Counsel.
MR. ETTINGHOFF:
Okay.
BY MR. ETTINGHOFF:
57
(MORRIS)
Did you understand my question?
Ask it again, please.
Did you discuss with any other board members or
architectural committee members the issue about granting
variances to these homeowners for the palms on their
property?
MR. KENDRICK:
Answer it, if you can.
THE WITNESS:
10
11
The objection stands.
Yes.
BY MR. ETTINGHOFF:
Q
And did you decide as a board member yourself
12
or an architectural committee member that you should
13
grant variances to them for the palm trees?
14
Yes.
15
What is the reason why you felt that they
16
should be entitled to a variance for the palms?
17
MR. KENDRICK:
18
extent that calls for some kind of disclosure of
19
something that's privileged by the executive privilege
20
of the board of directors.
21
MR. ETTINGHOFF:
22
of the board of directors.
23
BY MR. ETTINGHOFF:
24
25
There's no executive privilege
I'm asking you why you personally wanted to
grant a variance to Mr. Crossley, Khademi and the

58
(MORRIS)
Hickingbothams for their palms.
To protect their trees.
Okay.
protection then?
Uh-huh.
"Yes"?
Yes.
Okay.
So you felt that the palms needed
And did you know at the time when you
granted these variances for the palms, that the CC&R's
10
required trees to be maintained no higher than the
11
height of their roofs?
12
Palms are not trees.
13
So it's your position then, that the CC&R's
14
have never prohibited palms from being higher than the
15
rooflines; is that what your position is?
16
Ask the question again, please.
17
Is it your position then, that the CC&R's have
18
never prohibited palms from exceeding the heights of the
19
roofs?
20
Yes.
21
Is that the reason why you granted a variance
22
for the palms, because you didn't feel that a palm is a
23
tree?
24
Yes.
25
All right.
So you believe, your personal

59
(MORRIS)
belief then is, is that the people who are homeowners in
Harbor Pointe should be allowed to grow palms as high as
they want then?
Yes.
What if a palm tree blocks somebody's view of
the ocean, do you still feel that they should be able to
grow it as high as they want?
8
9
MR. KENDRICK:
I'm going to object that calls
for speculation, incomplete hypothetical.
10
Answer it, if you know how.
11
THE WITNESS:
12
13
Yes, yes.
BY MR. ETTINGHOFF:
Q
So it's your opinion then, that even if a palm
14
blocked somebody's view of the ocean, they should be
15
able to grow it as high as they want?
16
Yes.
17
So as far as you're concerned as a board member
18
and the architectural committee member, homeowners are
19
not required to trim palms even if they block somebody's
20
view?
21
According to your definition of trimming.
22
I'm just asking you the question.
23
24
25
Is that
your -A
Every -MR. KENDRICK:
Counsel, I'm also going to

60
(MORRIS)
object that you're not putting any time frame on your
question here, because as of today there is an amendment
in effect that has not been invalidated by a court in
the CC&R's that says that palms are exempt from any
height limitation.
So to the extent your question calls for what
she thinks here today, I'm going to object that the
question misstates the requirements of the CC&R's.
Now, if you want to ask her a question about
10
what she thought before the amendment to the CC&R's took
11
effect, I can see that question, but as of today there
12
is no requirement in the CC&R's that palms be subject to
13
any ridgeline height requirement.
14
MR. ETTINGHOFF:
Well, that wasn't my question.
15
My question was whether or not she feels -- well, let's
16
break it down into the time frame.
17
BY MR. ETTINGHOFF:
18
Before the CC&R's were purportedly amended, did
19
you feel that homeowners had the right to grow palms as
20
high as they wanted even though they blocked people's
21
views?
22
Yes.
23
And why is that?
24
'Cause it's their property; I mean --
25
So you don't think the CC&R's protect the views

61
(MORRIS)
at Harbor Pointe then?
Yes.
How do you believe the CC&R's protect people's
4
5
6
7
8
views?
A
Required to trim the trees below the ridgeline
of the homes and the shrubs.

Q
But according to your opinion, a palm is not a
tree, right?
Correct.
10
Okay.
So you believe that views are protected
11
from obstruction by trees, but they're not protected by
12
an obstruction caused by palms; is that your testimony?
13
MR. KENDRICK:
Counsel, I'm going to object
14
that you're misstating what it says in the CC&R's and
15
governing documents which state that --
16
MR. ETTINGHOFF:
17
MR. KENDRICK:
18
19
20
21
22
I'm not misstating anything.

-- which state that there can
be -MR. ETTINGHOFF:
I'm just trying to find out
what her opinion is.

MR. KENDRICK:
-- which state that there can be
no unreasonable blocking of a view.
23
When you make a question to her and it says
24
unqualifiably that no view can be blocked, I believe
25
that misstates the governing standard under the

62
(MORRIS)
governing documents.
2
3
MR. ETTINGHOFF:
reporter --
MR. MORRIS:
MR. ETTINGHOFF:
MR. KENDRICK:
MR. MORRIS:
MR. ETTINGHOFF:
MR. KENDRICK:
10
11
Answer it.
Okay.
Please.
-- and then we'll talk about
Would you, please, read back the pending

question.
(Record read).
15
THE WITNESS:
17
-- question --
the reasonable standard next then.
14
16
-- read back my -Shhh.
MR. ETTINGHOFF:
12
13
Well, let me have the court
Yes.
BY MR. ETTINGHOFF:
Q
All right.
Let's talk about the language in
18
the CC&R's that talks about unreasonable obstruction of
19
views then.
Are you familiar with that --
20
Yes.
21
-- paragraph?
22
Based on your interpretation of the CC&R's I
23
guess now existing as they are after they've been
24
purportedly amended then, is it your belief, ma'am, that
25
palm trees may exceed the height of a roofline even if

63
(MORRIS)
they unreasonably block the view of another homeowner?
Is that a question?
Yes.
It's very frustrating.
please.
6
7
MR. ETTINGHOFF:
I'll have her reread it back
to you.
(Record read).
THE WITNESS:
11
Say it again,
Repeat it.
10
No.
Yes.
BY MR. ETTINGHOFF:
Q
Why do you believe that people should be
12
allowed to maintain palms on their property that
13
unreasonably block the view of other homeowners?
14
Can you ask the question again?
15
Why do you believe that people in Harbor Pointe
16
should be allowed to maintain palms on their property
17
that unreasonably obstruct the view of other homeowners?
18
19
Why do I believe?
the developer.
20
Any other reason?
21
They're beautiful.
22
23
Because they were planted by
With no palms, we would
look -- our property values would be gone.

Q
Okay.
So there's two reasons why you believe
24
that the palms are okay even if they unreasonably block
25
somebody's view:
One of them is that they were planted

64
(MORRIS)
by the developer; the other one --
Uh-huh.
-- is that you believe they're beautiful,
right?
Yes.
Let's go to the first reason about the palms
being planted by the developer.
8
9
What information do you have about what palm

trees were planted by the developer?
10
There are pictures that show the palms.
11
That are planted by the developer?
12
Hm-hmmn.
13
Have you seen them?
14
Hm-hmmn.
15
"Yes"?
16
THE REPORTER:
17
THE WITNESS:
18
19
20
"Yes"?
Yes.
BY MR. ETTINGHOFF:
Q
Are there any pictures showing that the
developer planted palms on Michael Crossley's property?
21
I don't know.
22
Are there any pictures that you've seen showing
23
that the developer planted palms on the Hickingbotham
24
property?
25
I don't know.
I don't know about that.

65
(MORRIS)
Are these pictures that Michael Crossley showed
Yes.
Okay.
you?
Now, in your paragraph "20." of your
Declaration, you indicate that the successor ARC which
included yourself, Mr. Rezai and Mr. Crossley undertook
to grant variances to the individual homeowners.
8
9
Now, it was your decision to grant Mr. Crossley

a variance for his palms, correct?
10
Correct.
11
And can you tell me who voted for that variance
12
to be granted to Mr. Crossley, other than you?
13
I don't remember.
14
Well, did Mr. Rezai vote in favor of granting a
15
variance to Mr. Crossley for his palms?
16
I don't remember.
17
Did Mr. Crossley vote on that issue with regard
18
19
to the granting of a variance to himself?

A
20
I don't remember.
21
22
23
24
25
BY MR. ETTINGHOFF:
Q
All right.
Let's mark -- we'll mark this next
exhibit as number -- I think we're on 5.

66
(MORRIS)
I'm going to ask you to take a look at what
we've marked as Exhibit number 5.
For Landscape Variance which was recorded with the
Orange County Recorder on December 11, 2013.
This is an Agreement
Do you recognize this document?
Yes.
Can you tell me who prepared it?
No.
Is that your signature on page 3 of this
10
document?
11
Yes.
12
Did any other person on the board or the
13
architectural committee approve this variance for
14
Mr. Crossley, other than you?
15
MR. KENDRICK:
16
extent that calls for disclosure of something that may
17
have occurred in executive session of the board.
18
MR. ETTINGHOFF:
19
MR. KENDRICK:
20
MR. ETTINGHOFF:
21
MR. KENDRICK:
22
MR. ETTINGHOFF:
Counsel -I'm just objecting --- stop making --- for the record.
-- stop making frivolous
23
objections.
24
objection what happened in executive session.
25
You know that she -- that's not a proper
MR. KENDRICK:
I can make any objection I want.

67
(MORRIS)
She -- I'm not instructing her not to answer, Counsel.
I'm making a record.
record.
BY MR. ETTINGHOFF:
5
6
Okay.
Don't harass me in making my
You're required to answer the question,
ma'am.
Do you remember the question?
No.
Did any other person, other than you, that was
10
on the board or the architectural committee approve this
11
variance that was granted to Michael Crossley?
12
No.
13
When you approved this variance that was
14
granted to Michael Crossley for the palms on his
15
property in December of 2013, were you aware that the
16
palms that are on his property were not planted by the
17
developer?
18
I -- I don't know.
19
Has anybody ever told you that the palms on
I don't recall.
20
Michael Crossley's property were planted by the
21
developer?
22
No.
23
Well, your previous testimony was that you had
24
two reasons why you thought it was appropriate to grant
25
these variances:
One was that the palms were planted by

68
(MORRIS)
the developer and the other reason was that they're
beautiful, right?
Hm-hmmn.
That's a "yes"?
Yes.
You don't have any information available to you
that shows that the palms on Michael Crossley's property
were planted by the developer, do you?
I don't remember.
10
Have you ever seen anything that proves that
11
the palms on Michael Crossley's property were planted by
12
the developer?
13
Michael has pictures, but I don't recall.
14
You don't recall if they show that his palm
15
trees were planted by the developer?
16
No.
17
Okay.
Then is it accurate to say then, that
18
the only reason that you granted the variance to
19
Michael Crossley is that you think his palm trees are
20
beautiful?
21
I think they're beautiful, yes.
22
Did you ever go to Mr. Rezai's property before
23
you granted this variance in December of 2013 to see
24
whether or to what extent Michael Crossley's palms were
25
blocking Mr. Rezai's view?

69
(MORRIS)
No.
So you don't have any opinion about whether or
not Mr. Rezai's view is being unreasonably obstructed by
Mr. Crossley's palms?
MR. KENDRICK:
Counsel, I'm going to object,
that that might misstate the testimony.
She previously
testified that she had been to his property at some
point in the past to look at his view and I'm not sure
of exactly what the time frame she testified as to, but
10
I don't know if it's clear whether it was before the
11
granting of the variances or after the granting of the
12
variances.
13
clarified.
14
BY MR. ETTINGHOFF:
15
So I think the question needs to be
Well, when you granted this variance, you
16
signed this variance on December 10th, 2013, according
17
to --
18
Correct.
19
At that time, in December of 2013, did you have
20
any opinion about whether or not the palms on
21
Mr. Crossley's property unreasonably blocked the view
22
from Mr. Rezai's property?
23
No.
24
I'd like you to look at page 2 of this Variance
25
that we've marked as Exhibit number 5 and I'm going to

70
(MORRIS)
ask you to read this page here where -- especially the
fourth paragraph where it talks about this meeting of
the board on December 3rd, 2013, where it talks about a
request by these owners for an architectural variance
and also for a determination that the existing palms do
not unreasonably obstruct other owners' views.
Do you see that language in there?
Yes.
And do you see the sentence where it says,
10
"Owners request was approved by the majority of the
11
Board."?
12
Yes.
13
Okay.
14
request, right, for Mr. Crossley?
15
Yes.
16
Okay.
17
You were the only one that approved this
So when you say "majority of the Board",
do you mean just yourself?
18
Yes.
19
Do you think that one person out of -- how many
20
people were on the board at this time?
21
Three.
22
And you think one person out of three is a
23
majority?
24
25
MR. KENDRICK:
conclusion.
That calls for a legal
I'm going to object to that.

71
(MORRIS)
BY MR. ETTINGHOFF:
I'm just asking for your opinion.
3
4
Do you think one person out of three is a

majority?
5
6
Did you read this document, ma'am, before you

signed it?
Of course.
All right.
Then my question stands:
think that one person out of three is a majority?
10
MR. KENDRICK:
Again, I'm going to object that
11
calls for a legal conclusion.
12
BY MR. ETTINGHOFF:
13
14
17
Please answer the question, ma'am.
Is one
person out of three a majority?
15
16
Do you
When there's only one person that can sign it,
So what you meant to say was that out of the
yes.
18
three people who were on the board, "I'm the only person
19
who can sign it and, therefore, I approve it"?
20
MR. KENDRICK:
21
for a legal conclusion.
22
BY MR. ETTINGHOFF:
23
24
25
I'm going to object that calls
Well, one person out of three is not a
majority, is it?
MR. KENDRICK:
Again, that calls for a legal

72
(MORRIS)
conclusion.
BY MR. ETTINGHOFF:
Same objection.
Okay.
Then let's look down further on page 2
here where it talks about the "VARIANCE AGREEMENT".
going to ask you to read that paragraph to yourself
under paragraph "II." where it states that -- and I'll
read it into the record, "It is further agreed that
after consideration of the binding decision made by the
previous Board of Directors in 2012, the existing palms
10
on the Lot do not constitute an unreasonable view
11
obstruction under Section 10.08 of the CC&R's."
12
I'm
Do you see that sentence?
13
Yes.
14
Now, you just told me a little while ago that
15
you didn't have any opinion when you signed this
16
document about whether or not those palms unreasonably
17
obstructed Mr. Rezai's view, right?
18
MR. KENDRICK:
19
misstates her testimony.
20
BY MR. ETTINGHOFF:
21
Didn't you just testify a little while ago,
22
ma'am, that you didn't have any opinion at the time when
23
you signed this document whether or not the palms on
24
Mr. Crossley's lot unreasonably obstructed Mr. Rezai's
25
view?
73
(MORRIS)
Yes.
Okay.
But in this Variance which is a recorded
document --
Hm-hmmn.
-- recorded with the Orange County
Recorder's --
Right.
-- office which you've signed now on
December 10th, 2013, you're making a statement in
10
writing which has the legal effect that Mr. Crossley, I
11
assume, wants and that is, is that you're granting him a
12
variance and the reason why you're granting him a
13
variance is because you do not believe that those palms
14
constitute an unreasonable view obstruction.
15
MR. KENDRICK:
That completely misstates the
16
evidence and what this document says which you just read
17
into the record.
18
completely misstates what you just read into the record,
19
and I'm just going to object, that that misstates the
20
evidence.
21
BY MR. ETTINGHOFF:
22
23
24
25
Okay.
It completely -- your question
Ma'am, do you think that it's prudent as
a board member to sign documents which are not true?

MR. KENDRICK:
I'm going to object to that as
just harassing the witness and -- and -74

(MORRIS)
MR. ETTINGHOFF:
MR. KENDRICK:
MR. ETTINGHOFF:
She just testified, Counsel --- giving insulting --- that she had no opinion and
she had no basis for making an opinion because she had
not even seen Mr. Crossley's palm trees from Mr. Rezai's
property.
She's admitted in this deposition already she
can't recall when the last time that she was at
Mr. Rezai's property; it could have been more than five
10
years ago.
11
She did not go to Mr. Rezai's property to
12
determine whether or not these trees had been trimmed by
13
Mr. Crossley or what effect they had on his view and
14
yet, on December 10th, 2013, she alone, acting in her
15
own capacity as a board member of the Harbor
16
Pointe-Newport Owners Association, granted a variance to
17
Michael Crossley for his palm trees and she stated in
18
writing in that Variance that the reason why the
19
variance was being granted to him is that the palms did
20
not unreasonably block Mr. Rezai's view.
21
MR. KENDRICK:
Counsel, you're misstating what
22
it says.
It says, "It is further agreed after
23
consideration of the binding decision made by the
24
previous Board of Directors in 2012, that the existing
25
palms on the Lot do not constitute an unreasonable

75
(MORRIS)
obstruction under Section 10.08 of the CC&R's."
So you are conflating her opinion, her personal
opinion, which was testified to in a different context,
with this statement in this recorded document which
states the basis for the decision on its face.
MR. ETTINGHOFF:
Okay.
develop this further then.
BY MR. ETTINGHOFF:
Good.
Then let's
Are you saying, ma'am, is it your testimony
10
here today that you granted Michael Crossley a variance
11
for his palm trees and you did not have any opinion at
12
the time when you granted this about whether his
13
trees -- whether his palms unreasonably obstructed
14
Mr. Rezai's view?
15
MR. KENDRICK:
16
misstates everything, her testimony and this document.
17
She never testified that she made this decision based on
18
her opinion, and it states in here that she -- that the
19
decision was based on consideration of the binding
20
decision of the prior board.
21
that you're misstating the evidence.
22
BY MR. ETTINGHOFF:
23
Okay.
So I'm going to object
Then is it your testimony, ma'am, that
24
the reason why you gave Michael Crossley a variance for
25
his palms is based upon the binding decision made by the

76
(MORRIS)
previous board that the palms do not constitute an
unreasonable view obstruction?
MR. KENDRICK:
I'm going to object that the
writing, the document speaks for itself.
it says in there; however, I don't think that that
necessarily precludes her also having her own personal
opinion as to what she felt at the time that she signed
the document.
MR. ETTINGHOFF:
That is what
Well, she's already testified
10
that she didn't have any opinion about whether or not
11
the palms obstructed Mr. Rezai's view.
12
So now I'm trying to find out, is it the reason
13
why she granted the variance based upon this alleged
14
binding decision that was made by a previous board.
15
MR. KENDRICK:
16
the document speaks for itself.
17
document.
18
MR. ETTINGHOFF:
I'm just going to object that
I'm entitled to know why she
19
granted this variance, Counsel.
20
MR. KENDRICK:
21
It's a recorded
She gave you her testimony as to
her opinion and the document itself speaks for itself.
22
MR. ETTINGHOFF:
23
MR. KENDRICK:
24
You can answer the question, if you have some
25
All right.
other answer than what you've already given the guy.

77
(MORRIS)
1
2
3
BY MR. ETTINGHOFF:
Q
Ms. Morris, is it your testimony that you
granted Michael Crossley a variance for his palms --
Yes.
-- based upon the binding decision made by the
previous board that those palms do not unreasonably
block Mr. Rezai's view?
Yes.
And I've asked you this before, but I'll ask it
10
to you again:
11
shows that the previous board made such a binding
12
decision?
Have you ever seen any document that
13
MR. KENDRICK:
14
THE WITNESS:
15
MR. KENDRICK:
16
THE WITNESS:
17
That you recall.

Hmmn?
If you recall.
I do not recall.
BY MR. ETTINGHOFF:
18
19
that?
20
No.
21
Did somebody tell you that the previous board
22
You don't recall seeing any documents like
had made such a binding decision?
23
MR. KENDRICK:
24
THE WITNESS:
25
Again, if you recall.

I don't recall.
BY MR. ETTINGHOFF:
78
(MORRIS)
1
2
Did you ever speak to Danni Sun or to
Frank Hickingbotham about that subject?
No.
You mean you signed this Variance and had it
recorded with the Orange County Recorder's office --
Uh-huh.
-- in December of 2013 and you never even asked
the people who supposedly granted this -- or who made
this binding decision, you never even asked them whether
10
11
they, in fact, made that decision?

A
Well, for your information, Danni Sun had a
12
horrible heart attack and she has been in terrible shape
13
since being on the board with him and --
14
MR. KENDRICK:
Let's just confine yourself to
15
his question.
16
told by anybody that there --
17
18
If you have any recollection of being
MR. ETTINGHOFF:
That's the wrong question,
Counsel.
19
MR. KENDRICK:
20
MR. ETTINGHOFF:
-- was this binding decision.

No, with it -- Counsel, the
21
question that's pending right now is whether she ever
22
spoke to either Danni Sun or Frank Hickingbotham who
23
were the people on the board that supposedly made this
24
binding decision that Mr. Rezai's view was not
25
unreasonably blocked.
79
(MORRIS)
1
2
3
BY MR. ETTINGHOFF:
Q
Danni Sun or Frank Hickingbotham about that decision?
MR. KENDRICK:
THE WITNESS:
6
7
8
Did you ever speak to
If you recall.
I don't recall.
BY MR. ETTINGHOFF:
Q
You know, ma'am, I -- you're entitled to listen
to the coaching by your attorney --
Hm-hmmn.
10
-- as much as you want --
11
Hm-hmmn.
12
-- but I want to caution you right now that if
13
you say that you can't recall something right now, when
14
this case goes to trial in September or October or
15
whenever --
16
Uh-huh.
17
-- it's scheduled to go to trial, if the
18
association asks you to be a witness or if you're called
19
as a witness in the trial and you testified at your
20
deposition here today that you don't recall, then if you
21
try to change your testimony later on, it's going to
22
look --
23
MR. KENDRICK:
Counsel, I'm going to stop you
24
right here from harassing the witness. You gave your
25
admonition -80
(MORRIS)
MR. ETTINGHOFF:
MR. KENDRICK:
MR. ETTINGHOFF:
MR. KENDRICK:
Counsel -You're threatening the witness
and she's entitled to her counsel's offer of that.
7
8
You gave your admonition at the
outset.
I'm not harassing her.
MR. ETTINGHOFF:
the witness.
I'm reminding her now and I'm --
MR. KENDRICK:
10
Counsel, I am not threatening
MR. ETTINGHOFF:
You're harassing her.

-- warning her that if she
11
bases -- she's following your hints on how to answer all
12
my questions.
13
about how she should answer my questions and each hint
14
that you give her, she's following your hints.
15
BY MR. ETTINGHOFF:
16
You keep on throwing in all these hints
I'm just warning the witness, that by following
17
your counsel's hints to answer that you don't recall,
18
that at the trial of this matter, if you try to testify
19
differently than other than you recall, then anybody,
20
any of the attorneys or the parties can ask you why you
21
couldn't recall it here at your deposition when you're
22
under oath, but then all of a sudden at the trial you
23
recall something.
24
25
MR. KENDRICK:
your admonition.
Are you finished?
You've given
Continue with your questioning,

81
(MORRIS)
please.
2
3
4
MR. ETTINGHOFF:
Okay.
BY MR. ETTINGHOFF:
Q
Now, at the time when you granted this variance
to Mr. Crossley in December of 2013, the CC&R's had not
been amended yet to exempt palms from the height
requirement; is that correct?
8
9
10
I don't remember the sequence.
I don't
remember; I really don't.

Q
Now, in addition to this variance that you
11
signed for Michael Crossley for his palms in December of
12
2013, you also granted a variance to the Hickingbothams
13
and to Mr. Khademi for his palms; is that correct?
14
Correct.
15
And is it also true that you didn't have any
16
information to determine at that time in December of
17
2013 whether or not the palms on Mr. Khademi's property
18
unreasonably blocked Mr. Rezai's view?
19
MR. KENDRICK:
20
misstates the evidence.
21
variances state what's stated in this variance, it
22
completely states the basis for the decision, so --
23
MR. ETTINGHOFF:
Assuming there's other
Well, I'm entitled to know
24
whether or not she had any observation of the effect of
25
Mr. Khademi's palms in December of 2013 when she granted

82
(MORRIS)
the variance to Mr. Khademi and that's what I'm trying
to find out.
MR. KENDRICK:
Well, if you wanted to ask her
about an observation, you should have asked her about an
observation, because your question was just simply that
it had no basis and obviously, you know, there are two
different things there, so --
8
9
MR. ETTINGHOFF:
reporter read back the question, please.
10
11
12
(Record read).
BY MR. ETTINGHOFF:
Q
13
14
All right.
You can answer that question.
MR. KENDRICK:
MR. ETTINGHOFF:
MR. KENDRICK:
18
THE WITNESS:
20
It
I'm asking her if she had any
information.
17
19
calls -- it misstates the content of the document.
15
16
No, I -- let's have the court
Go ahead and answer it.

No.
BY MR. ETTINGHOFF:
Q
All right.
So you granted a variance to
21
Mr. Khademi for the palms on his property in December of
22
2013, but you didn't have any personal knowledge at that
23
time when you granted that whether or not those palms
24
unreasonably blocked Mr. Rezai's view; is that true?
25
Yes.
83
(MORRIS)
1
2
Would the same question be true with respect to
the Hickingbothams' palms?
Yes.
All right.
So you didn't have any personal
knowledge in December of 2013 when you granted a
variance to the Hickingbothams for their palms as to
whether or not those palms unreasonably blocked --
Correct.
-- Mr. Rezai's views?
10
And at that time, when you granted this
11
variance in December of 2013 to Mr. Crossley, to
12
Mr. Khademi and to the Hickingbothams, you were not on
13
the title to any of the lots in Harbor Pointe; is that
14
correct?
15
I don't recall.
16
Well, let me show you what we've previously
17
marked as Exhibit -- I think it was Exhibit 1.
18
MR. KENDRICK:
19
MR. ETTINGHOFF:
20
21
22
Yeah, it was 1.
Yes.
BY MR. ETTINGHOFF:
Q
Do you recall that the date that your husband
put you on title with him was on March 12th, 2014?
23
Okay.
24
All right.
25
The deed.
So going back to my question then
is, isn't it true, that in December of 2013, when you

84
(MORRIS)
granted these variances to Mr. Crossley, to the
Hickingbothams and to Mr. Khademi, you were not on title
to any lot in Harbor Pointe?
I was not aware of that.
MR. NAPOLES:
I'm going to object to the extent
it misstates her testimony and assumes facts not in
evidence.
variances were granted by the board of record with
respect to Mr. Khademi and Ms. Hickingbotham.
You said "You granted the variances".
10
MR. ETTINGHOFF:
11
MR. NAPOLES:
12
second -MR. ETTINGHOFF:
14
MR. NAPOLES:
Sure.
-- and I'm not trying to be
difficult, Tracy.
16
MR. ETTINGHOFF:
17
THE REPORTER:
18
MR. NAPOLES:
19
MR. ETTINGHOFF:
20
Well --
Let's go off the record for a
13
15
That's fine.
Off the record?
Yeah.
Yeah, okay.
We'll go off the
record.
21
(Discussion off the record).
22
MR. ETTINGHOFF:
Well, let's go back on the
23
record, and I'll try to rephrase the question.
24
BY MR. ETTINGHOFF:
25
The
In December of 2013, when these variances were

85
(MORRIS)
granted to Michael Crossley, to Mr. Khademi and to the
Hickingbothams, you were not on the title to any lot in
Harbor Pointe; isn't that true?
True.
MR. ETTINGHOFF:
Okay.
Counselor, it's noon.
Do you want to take a lunch break now and then come back
in about an hour?
8
9
MR. KENDRICK:
How much longer do you expect to
be questioning the witness?
10
MR. ETTINGHOFF:
11
THE WITNESS:
12
MR. ETTINGHOFF:
13
THE WITNESS:
14
MR. KENDRICK:
15
hours.
How long?
Well, we've been at it for two
Do you want a lunch break?

MR. MORRIS:
17
MR. KENDRICK:
18
MR. CHAPLIN:
19
MR. ETTINGHOFF:
everybody?
Yeah.
All right.
We'll go to lunch.
Coming back at one o'clock?

Yeah.
Is that all right with
There's a number of restaurants --
21
MR. KENDRICK:
22
MR. ETTINGHOFF:
23
Halfway done.
Crap.
16
20
Well, I'm about halfway down.
I'm fine.
Yeah, that's fine.
-- right within a block of
here, so -- okay.
24
(Lunch recess from 12:04 p.m. to 1:14 p.m.)
25
MR. KENDRICK:
Proceed.
86
(MORRIS)
MR. ETTINGHOFF:
MR. KENDRICK:
MR. ETTINGHOFF:
MR. KENDRICK:
MR. ETTINGHOFF:
Okay.
you ready?
BY MR. ETTINGHOFF:
10
13
-- husband?
Yes.
That's all right?
Okay.
Are
Referring back to your Declaration which
we've marked as Exhibit number 4, do you have that?
11
12
Okay.
Yes.
Let's go back on the record then.
Without her --
MR. KENDRICK:
I have that here.
BY MR. ETTINGHOFF:
Q
I'd like you to look at paragraph "23." of your
14
Declaration.
15
CC&R's to exclude palms from the height requirements in
16
the CC&R's, correct?
17
18
This is regarding a proposal to amend the
MR. KENDRICK:
"23."?
19
MR. ETTINGHOFF:
20
MR. KENDRICK:
21
MR. ETTINGHOFF:
22
MR. KENDRICK:
23
24
25
No, I'm not sure -- paragraph
Yeah.
"Ballots were distributed..."?
Right.
This is about --
Oh.
BY MR. ETTINGHOFF:
Q
I'm talking about this meeting that took place
on January 23rd, 2014.
That was the meeting that was

87
(MORRIS)
held to count the ballots for the proposed CC&R's to
exclude palms from the height requirement, correct?
Correct.
And you attended that meeting?
Yes.
You were on the board at that time?
Yes.
But on that date, January 23rd, 2014, you were
9
10
not yet on the title to any property at Harbor Pointe,

correct?
11
Yes, correct.
12
Now, you state in paragraph "23." that,
13
"Ballots were distributed to the members and on
14
January 13" -- excuse me -- "January 23rd, 2014, 15
15
votes, or 75 percent, were cast in favor of amending the
16
CC&R's to exempt palms from any height limit."
17
18
Did you personally do anything to verify the

authenticity of any of the ballots that were cast?
19
I don't know what you mean.
20
Did you -- I'm just trying to find out if you
21
did anything to determine whether or not the ballots
22
that were cast, the ones that were counted, whether they
23
were actually signed by the homeowners who they were
24
supposed to be signed by.
25
The management company handles all of that.

88
(MORRIS)
But you didn't do anything personally, though?
No.
3
4
MR. ETTINGHOFF:
another exhibit now.
All right.
I'm going to mark
I think we're on 6?
MR. KENDRICK:
Yeah.
9
10
11
BY MR. ETTINGHOFF:
Q
Okay.
I'm going to show you what we're going
to mark as Exhibit number 6.
This is a copy of some --
12
13
MR. NAPOLES:
14
15
Thanks.
BY MR. ETTINGHOFF:
Q
-- envelopes that were returned with the
16
ballots in them at that meeting on January 23rd, 2014,
17
and I'm going to ask you to look at the lower envelope
18
and in the upper left-hand corner of that, it says
19
"Harbor Pointe Newport Owners Association, number 25
20
Harbor Pointe", and then beneath it, it looks like your
21
signature.
22
Is that your signature on the envelope?
23
Yes.
24
Who was on the board at the time when this
25
meeting took place, other than you, on January 23rd,

89
(MORRIS)
2014?
(Indicating).
Mr. Rezai?
I think so.
And who else?
Michael Crossley and myself.
Okay.
So there was only three people on the
board?
Yeah.
10
Mr. Rezai was one of them, you were one of
11
them --
12
Yes.
13
-- and Michael Crossley, and were you aware at
14
the time at that meeting, that Michael Crossley had been
15
sued by Mr. Rezai about his palm trees?
16
Yes.
17
And the issue that was put to the membership at
18
that meeting is whether or not the CC&R's should be
19
amended to exclude palms from the height requirement in
20
the CC&R's, correct?
21
Correct.
22
And did you feel that Mr. Crossley had the
23
right to vote on that as a board member on behalf of the
24
association given the fact that he was --
25
Yes.
90
(MORRIS)
You felt that he had the right to --
Sure.
-- vote on that?
Yes.
What --
MR. KENDRICK:
Excuse me, Counsel.
I want to
object that you're saying he had the right to vote on
it.
the CC&R's or a vote -- I don't even know if there was a
Are you talking about the vote as a member to amend
10
vote subsequent to that.
11
MR. ETTINGHOFF:
12
MR. KENDRICK:
13
MR. ETTINGHOFF:
15
background of this.
16
BY MR. ETTINGHOFF:
18
I'm not sure what vote you're
talking about where he had the right to vote.
14
17
Well --
Okay.
Let me go into the
The association foreclosed on 25 Harbor Pointe
previously, right?
19
Right.
20
And that was because that homeowner didn't pay
21
their dues?
22
Correct.
23
Okay.
24
25
And so at the time of this meeting then
the association owned one house in the project, right?

A
Correct.
91
(MORRIS)
Okay.
Correct.
Okay.
That was 25 Harbor Pointe, correct?
And so at that meeting, you and
Michael Crossley decided to cast a vote for number 25
Harbor Pointe regarding the CC&R amendment, correct?
Yes, correct.
And between you and Michael Crossley, you
decided to vote in favor of the CC&R amendment, correct?
Correct.
10
Okay.
11
And did Mr. Rezai vote on that issue as
a board member?
12
I don't recall.
13
Now, my previous question was in regards to
14
Mr. Crossley's vote, not as a homeowner, but as a board
15
member with regard to the CC&R amendment, okay?
16
My question to you was:
Did you feel that
17
Mr. Crossley had the right to vote on the CC&R amendment
18
on behalf of the board given the fact that he was a
19
defendant in the lawsuit and the CC&R amendment directly
20
affected his palms?
21
Yes.
22
You felt that he had the right to vote on that?
23
Absolutely.
24
You didn't feel that he had certain -- a
25
conflict of interest about that?

92
(MORRIS)
No.
All right.
I think you testified earlier this
morning that until this Complaint was served on you
regarding the issue about you being on the title, that
you were not aware that you were not on the title to
your house; is that what you testified to?
Correct.
During previous elections when you were elected
to the board by the membership, do you have any
10
information that would show that any of the other
11
members who voted for you were aware that you were not
12
on the title to your property?
13
No.
14
I'm going to ask you now to go back and look at
15
your Declaration on paragraph "27.".
16
Well, first, let's look at paragraph "26.".
17
says, "On March 12, 2014, I was added to the title for
18
my home as a trustee of the Hal Morris Companies VEBA
19
trust."
20
It
Then I'd like you to look at paragraph "27.",
21
and I'll read that into the record also, "At general
22
meetings in June 2014 and September 2014, the members
23
were given a report on the instant litigation, including
24
the fact that the Plaintiff alleges that I was not
25
qualified to be a director."
93
(MORRIS)
Now, at these meetings that occurred in June of
2014 and September of 2014, you were already put on the
title to your lot, right?
Correct.
So you were reelected in September of 2014 to
the board, correct?
Correct.
Okay.
9
10
But at that time when you were reelected
and at the general meeting in June of 2014, on both of

those occasions you were already added to the --
11
Correct.
12
-- title to your property, right?
13
Right.
14
Okay.
Now, in the next several paragraphs, you
15
talk about examples when Mr. Rezai served with you on
16
the board of directors for many years and you talk about
17
different occasions when Mr. Rezai voted with you on
18
certain association business matters.
19
Are you aware of any information which would
20
lead you to believe that Mr. Rezai was aware that you
21
were not on the title to your property when he was
22
serving with you on the board?
23
I'm not aware of any, no.
24
Let's look at paragraph "33." of your
25
Declaration concerning Mr. Hickingbotham.

94
(MORRIS)
Are you aware now that Frank Hickingbotham was
not on the title to any of the lots in the Harbor Pointe
community in 2013?
I'm aware now.
Yeah, that was my question:
Yes.
In your Declaration, you state that, "While on
Are you aware now?
the Board, Mr. Rezai also transacted Association
business with Mr. Hickingbotham without complaint, ...".
10
Are you aware of any
11
facts which shows that Mr. Rezai was aware that
12
Mr. Hickingbotham was not on the title to his property
13
when Mr. Rezai served on the board with him?
14
I'm not aware.
15
All right.
Now, let's go down to paragraph
16
"39.".
17
is that after you were reelected to the board in
18
September of 2014, the new board which consisted of you,
19
Mr. Crossley and Marshall Friedman started to review all
20
of the transactions that Mr. Rezai has questioned,
21
correct?
I believe that the gist of your Declaration here
22
And you state in paragraph "39.",
23
"Specifically, the Board ratified the ARC's binding
24
decision of no unreasonable view obstruction of 21
25
Harbor Pointe Drive."; do you see that?

95
(MORRIS)
Yes.
So when you decided to ratify this previous
decision, did you take any further steps to determine
whether or not Mr. Rezai's view was unreasonably
obstructed?
I don't recall.
You didn't go to his house to look at it
yourself, did you?
No.
10
And you didn't contact Danni Sun or
11
Frank Hickingbotham to ask them about that binding
12
decision?
13
I did not.
14
And you didn't see any documents that showed
15
that they had made such a binding decision, correct?
16
I don't remember.
17
So what were you basing your decision on to
18
ratify the previous decision that the board had
19
made -- well, you were one of the persons that granted
20
those variances in the first place, but why did you
21
decide to ratify those previous decisions that you had
22
made as you state here in paragraph "39."?
23
It was the right thing to do.
24
Don't you feel as a board member that you have
25
a duty to other homeowners to go to their home and see

96
(MORRIS)
1
2
3
4
if they've got a view problem that's -A
The decision was already made by the previous
board.
Q
Well, I asked you previously whether you ever
asked Danni Sun or Frank Hickingbotham about that and
you said "no", right?
7
8
We had just talked about it.
We had talked
about it, yes.
You and Danni Sun and Frank Hickingbotham?
10
Yes.
11
I've asked you several times whether you talked
12
to them about it and you said "no".
13
Are you changing your testimony now?
14
Yes.
15
Okay.
16
So you have discussed that issue with
Frank Hickingbotham or Danni Sun?
17
Yes.
18
Which one did you talk to about it?
19
I don't remember.
20
And so either Danni Sun or Frank Hickingbotham
21
told you at some point that they had made a binding
22
decision that Mr. Rezai's view was not unreasonably
23
blocked?
24
Yes.
25
And do you recall the timing of that?

97
(MORRIS)
No.
All right.
I do not recall.
Did either Danni Sun or Frank Hickingbotham
show you any documents regarding this binding decision?
I don't remember.
All right.
Do you know what the timing of this
ratification was of the previous architectural committee
decision?
10
I don't remember.
11
Do you recall it happening?
12
Yes.
13
Was it at a regular board meeting or an
14
executive session meeting or what?
15
I don't remember.
16
Do you remember where this meeting took place?
17
No.
18
In paragraph "41." of your Declaration, I'd
19
like you to look at that.
20
ratified all actions of the Board and its directors in
21
connection with the members' January 23rd, 2014 vote to
22
amend the CC&R's to exclude palms from any height
23
limitation."
24
25
It says, "The Board also
Are you saying that the new board consisting of

you, Michael Crossley and Marshall Friedman re-ratified
98
(MORRIS)
the vote that you had made with Michael Crossley to cast
that vote in favor of the CC&R amendment; is that what
you mean by this?
4
5
MR. NAPOLES:
please.
THE REPORTER:
THE WITNESS:
MR. NAPOLES:
10
12
Sure.
To the best of my knowledge,
that's what I remember.
11
Can you read me that back,
That's all right.
(No record read).

BY MR. ETTINGHOFF:
Q
Do you know if the architectural committee has
13
any criteria that they use to determine whether
14
somebody's view is unreasonably blocked?
15
The CC&R's.
16
Well, what I mean -- I know that the CC&R's
17
talk about unreasonable view obstructions, but what I'm
18
trying to find out is whether or not your board or in
19
your architectural committee, do they have any kind of
20
criteria that's either in writing or not in writing that
21
they use to determine whether somebody's view is being
22
unreasonably blocked?
23
I don't -- I don't recall.
24
Like for instance, let me just give you some
25
examples.
Do you have any kind of a policy at

99
(MORRIS)
Harbor Pointe that says that only ocean views are
protected or only views straight out from the back of
your house are protected or only views from the
downstairs of your house are protected or only views
from the upstairs are protected?
policies in those types of regards?
Do you have any
I don't recall.
Has there been a discussion on the board or the
architectural committee about which views in
10
Harbor Pointe should be protected and which views should
11
not be protected?
12
No.
13
That's never been discussed?
14
No.
15
Do you know if Marshall Friedman went to
16
Mr. Rezai's property to see whether his view was being
17
unreasonably blocked?
18
I don't know.
19
Did you have any discussion with
20
Marshall Friedman about Mr. Rezai's view?
21
To my knowledge, we did not discuss it.
22
Is Marshall Friedman your next-door neighbor?
23
Yes.
24
And does Michael Crossley live across the
25
street from you?

100
(MORRIS)
Yes.
Your street that you live on is the lowest
street in the --
Right.
-- community, correct?
Correct.
Do you have an ocean view from your property?
(Indicating).
Small one?
10
11
Is your ocean view between Michael Crossley's

house and number 3 Harbor Pointe?
12
Oh, no.
13
Where is your ocean view located at then?
14
It is between MacArthur and Michael's house.
15
Oh, okay.
16
To the right of Michael Crossley's
house as you're looking at it?
17
Yes.
18
And are there any trees that are blocking your
19
ocean view?
20
I never think about that.
21
All right.
22
Do you have any type of a view over
Michael Crossley's house?
23
No.
24
You can't see the ocean --
25
No.
101
(MORRIS)
-- over his house?
We're the same level.
Yeah, I didn't know the -- where --
I mean, we're not up.
Well, is your house a two-story house?
Yes.
From your second story, do you have a view of
All right.
We're same --
We're the same.
the ocean over Michael Crossley's house?
A little bit.
10
When we started today, your counsel provided me
11
with a copy of a landscaping variance that looks like
12
for your property.
13
at that.
14
copy.
15
I'm going to ask you to take a look
I haven't copied this yet, but we'll get a
I'm going to ask you to take a look at that.
16
Okay.
17
Are you familiar with this document?
18
Yes.
19
And let's see.
20
This is a variance for the
palms on your property?
21
Yes.
22
And when did you ask the board or the
23
architectural committee to give you a variance for the
24
palms on your property?
25
Around the same time.

102
(MORRIS)
In December of 2013?
Hm-hmmn.
All right.
MR. KENDRICK:
THE WITNESS:
6
7
Is that a "yes" or "no"?

Yes.
BY MR. ETTINGHOFF:
Q
And at the time when this variance was granted
for your palms on your property in December of 2013, who
was on the board at that time?
10
Michael Crossley and, (indicating).
11
Mr. Rezai?
12
Hm-hmmn.
13
And you?
14
Hm-hmmn.
15
Okay.
16
Yes.
17
I'm sorry.
18
Yes.
19
-- she doesn't understand what that means.
So -- that's a "yes", right?
When you say "hm-hmmn" --
20
So there were only three people on the board in
21
December of 2013 consisting of you, Michael Crossley and
22
Mr. Rezai?
23
Yes.
24
And was the vote to grant you a variance, was
25
that done at a regular board meeting?

103
(MORRIS)
I don't recall.
Were the homeowners notified that the board was
going to meet to discuss granting variances to you and
Michael Crossley at this meeting?
I don't recall.
Were there any homeowners present at that
meeting when that decision was made to grant you a
variance and Michael Crossley, other than you and
Mr. Crossley?
10
I don't remember.
11
Was Mr. Rezai present at that meeting?
12
I don't remember.
13
Why did you ask the board for a variance for
14
15
16
your palm trees?

A
To keep from getting the frivolous lawsuit that
everybody else has been having to suffer through.
17
So you wanted to exempt --
18
Protect our property, yeah.
19
Has anybody complained about your trees?
20
No.
21
So it was just a preventive measure so that if
22
somebody doesn't like your palm trees, you can show
23
them, "Well" --
24
Correct.
25
-- "I was granted a variance"?

104
(MORRIS)
Yeah.
Okay.
But the only person that approved that
variance was Michael Crossley, correct?
Correct.
Mr. Rezai did not vote in favor of granting you
6
7
a variance, did he?

A
I don't remember.
8
9
MR. NAPOLES:
Can we go off the record for a
second?
10
(Discussion off the record).
11
MR. ETTINGHOFF:
Let's just go back on the
12
record and I'll some questions.
13
BY MR. ETTINGHOFF:
14
Ms. Morris, there was a list of documents in
15
the Notice of Deposition that I wanted you to produce if
16
you had possession of them and I'm just going to ask you
17
some questions about some of those documents.
18
Are you aware of any minutes of any board
19
meetings which showed that the board determined that the
20
palm trees on the defendants' individual lots do not
21
unreasonably obstruct Mr. Rezai's views?
22
No.
23
Are you aware of any minutes of any
24
architectural review committee meetings which show that
25
the architectural committee determined that the palm

105
(MORRIS)
trees on the defendants' individual lots do not
unreasonably obstruct Mr. Rezai's views?
I'm not aware.
Did you have any communications with
Marshall Friedman by e-mail or by letter concerning the
variances for the palm trees?
MR. KENDRICK:
I'm just going to object to the
extent that that might include communication with
counsel between the board members.
10
11
12
BY MR. ETTINGHOFF:
Q
you and Mr. Friedman.
13
14
No, this would only be communications between
MR. KENDRICK:
That's fine.
that.
15
THE WITNESS:
16
MR. ETTINGHOFF:
17
18
MR. NAPOLES:
19
MR. KENDRICK:
20
That's his clerk copy.
21
BY MR. ETTINGHOFF:
22
23
You can answer
I'm not aware of any.

All right.
Thanks.
There you go -- oh, wait.
Did you have any communications directly with
Mr. Friedman about the CC&R amendment?
24
I'm not aware of any.
25
Are you aware of any documents which show that

106
(MORRIS)
Danni Sun and Frank Hickingbotham issued a binding
decision that there was no unreasonable obstruction of
Mr. Rezai's view?
4
5
6
7
The management company handles all those
documents.
Q
Okay.
You don't have possession of any
documents like that?
I do not.
And just to be clear, is it the best of your
10
recollection, the last time that you were at Mr. Rezai's
11
house was approximately five years ago or maybe more
12
than five years ago?
13
To the best of my recollection, yes.
14
And so you don't have any opinion as we sit
15
here today about whether his view is unreasonably
16
obstructed, other than the information that's been given
17
to you by Danni Sun and/or Frank Hickingbotham?
18
I'm not asking for any information from your
19
counsel; in other words, whether -- I'm not asking for
20
that.
21
information?
22
23
I'm just asking:
Are you aware of any other
The ARC was binding; I mean, I'm not
second-guessing anybody.
I don't want to --
24
Okay.
25
I accept their decision.
So your -- you don't --
107
(MORRIS)
1
2
And but the -- but you don't have an opinion
about it yourself then, other --
I do not.
-- than what's been told to you by somebody
else?
I do not.
Okay.
All right.
MR. KENDRICK:
10
MR. ETTINGHOFF:
11
MR. KENDRICK:
Yeah.
Okay.
We'll mark this --
He's just taken these.
We've
taken ours, so --
13
14
We've got these
copies now?
12
Let's see.
MR. ETTINGHOFF:
Okay.
So this is going to be
number --
15
MR. KENDRICK:
16
MR. ETTINGHOFF:
17
7.
-- 7?
18
19
20
MR. ETTINGHOFF:
Okay.
For the record, we're
21
marking the Agreement For Landscape Variance that was
22
granted to Mr. and Mrs. Morris in December of 2013 as
23
Exhibit number 7, all right?
24
Okay.
25
MR. KENDRICK:
You've already got a copy of this?

Yes, I do.
Thank you.
108
(MORRIS)
1
2
MR. ETTINGHOFF:
Did you get a
copy?
MR. NAPOLES:
MR. ETTINGHOFF:
MR. NAPOLES:
MR. ETTINGHOFF:
This is 7.
I did.
You've got one?
I've got one.

Okay.
Do you have any
questions?
8
9
10
11
EXAMINATION
BY MR. NAPOLES:
Q
Ms. Morris, my name is Steven Napoles.
12
represent Georgia Hickingbotham and Hans Khademi in this
13
lawsuit.
14
ma'am --
I just have a couple questions for you,
15
Okay.
16
-- and I'll do my best to keep it short.
17
18
Were you a member of the board of directors in

December of 2013 for the association?
19
I don't know.
Let's see.
20
Let me ask you this:
Do you recall attending a
21
board meeting where the issue of a variance for
22
Mr. Khademi and Ms. Hickingbotham was discussed?
23
I don't recall.
24
MR. NAPOLES:
25
MR. KENDRICK:
I've got nothing further then.

We also still have Chris from
109
(MORRIS)
Worthge's office.
2
3
MR. ETTINGHOFF:
do you have any questions for Connie Morris?
MR. CHAPLIN:
MR. ETTINGHOFF:
MR. KENDRICK:
MR. ETTINGHOFF:
MR. KENDRICK:
MR. ETTINGHOFF:
10
Do you have -- on the phone,
I have no questions.
Okay.
Can we take a break?
Yeah, just let's go off -Okay.
-- the record for just a
minute.
11
(Recess from 1:42 p.m. to 1:52 p.m.).
12
MR. ETTINGHOFF:
13
I'm finished asking questions
unless anybody else has any questions.
14
MR. KENDRICK:
15
MR. NAPOLES:
16
MR. ETTINGHOFF:
No.
No.
Let's stipulate that the court
17
reporter can be relieved of her duties under the Code of
18
Civil Procedure, and that when the transcript is
19
ready -- do you want it forwarded directly to your
20
client or to you?
21
MR. KENDRICK:
22
MR. ETTINGHOFF:
It can be sent to me.

Okay.
So the original, when
23
it's ready, you can send it to Chris Kendrick of the
24
counsel's -- I mean, the witness' counsel, and you'll
25
have your client review the transcript and make any

110
(MORRIS)
changes that are necessary and notify all other
attorneys in the case within ten days from the date that
you receive the transcript of any changes; is that all
right?
MR. KENDRICK:
MR. ETTINGHOFF:
MR. KENDRICK:
MR. ETTINGHOFF:
Sure.
Okay.
And --
So stipulated.
Well, wait.
Let me put the
rest of it on the record; that I guess you'll -- you
10
want to maintain custody of the original, and then if
11
any --
12
13
14
MR. KENDRICK:
like.
I can return it to you, if you'd
I had ordered a copy already.

MR. ETTINGHOFF:
Oh, okay.
Then why don't
15
you -- you'll return the custody of the original to my
16
office after --
17
MR. KENDRICK:
18
MR. ETTINGHOFF:
19
Yes.
-- it's been read and signed
by your client --
20
MR. KENDRICK:
21
MR. ETTINGHOFF:
Correct.
-- and that if for any reason
22
the original transcript is not available for any
23
evidentiary hearing in this case, that a certified copy
24
of the deposition can be used for any purpose.
25
MR. KENDRICK:
So stipulated.
111
(MORRIS)
MR. NAPOLES:
Okay.
Tracy, you'll make the
original available upon reasonable request for such
purposes?
MR. ETTINGHOFF:
MR. NAPOLES:
MR. ETTINGHOFF:
Counsel for Worthge, is that --
MR. CHAPLIN:
MR. ETTINGHOFF:
10
11
Yes, I will.
So stipulated.
Okay.
So stipulated.
Okay.
All right.
That's it
then.
(The deposition was concluded at 1:45 p.m.)
12
13
--oo0oo--
14
15
(DECLARATION UNDER PENALTY OF
16
PERJURY ON THE FOLLOWING PAGE)
17
18
19
20
21
22
23
24
25
112
(MORRIS)
DECLARATION UNDER PENALTY OF PERJURY
2
3
I hereby declare under penalty of perjury that
the foregoing is my deposition under oath; are the
questions asked of me and my answers thereto; that I
have read same and have made the necessary corrections,
additions or changes to my answers that I deem
necessary.
9
10
In witness thereof, I hereby subscribe my name

this ____ day of ___________________, 2015.
11
12
13
14
__________________________________
CONNIE L. MORRIS
15
16
17
18
19
20
21
22
23
24
25
113
(MORRIS)
CERTIFICATE
OF
CERTIFIED SHORTHAND REPORTER
4
5
6
7
The undersigned Certified Shorthand Reporter of

the State of California does hereby certify:
That the foregoing proceeding was taken
before me at the time and place therein set forth, at
which time the witness was duly sworn by me;
10
That the testimony of the witness and all
11
objections made at the time of the examination were
12
recorded stenographically by me and were thereafter
13
transcribed, said transcript being a true copy of my
14
shorthand notes thereof.
15
16
In witness whereof, I have subscribed my name

this date:
March 3, 2015.
17
18
19
_______________________________
ROXANN M. STRID, CSR
CERTIFICATE NO. 4842
20
21
22
23
24
25
114

Connie Morris Deposition

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Connie Morris Deposition

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(MORRIS)

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF ORANGE

Date and time:

Thursday, February 12, 2015, 10:13 a.m.

30011 Ivy Glenn, Suite 121

Roxann M. Strid, CSR

Deposition of CONNIE L. MORRIS, taken before

Roxann M. Strid, Certified Shorthand Reporter,

Certificate No. 4842, with principal office in the

County of Orange, commencing at 10:13 a.m., Thursday,

February 12, 2015, at the Law Office of

Tracy Ettinghoff, located at 30011 Ivy Glenn, Suite 121,

Laguna Niguel, California.

For the Defendant Harbor Pointe-Newport Owners

THE NAPOLES LAW FIRM

For the Defendant Michael Crossley (Appearing

LITCHFIELD CAVO LLP

BY MR. ETTINGHOFF ----------------------------------- 6

BY MR NAPOLES ------------------------------------- 109

Grant Deed dated 3/12/14, two pages

Harbor Pointe-Newport Owners Association,

Harbor Pointe-Newport Owners Association

Declaration Of Connie Morris, five pages

Recorded Agreement For Landscaping

Photocopy of two Mailing Envelopes,

Recorded Agreement For Landscaping

QUESTIONS NOT ANSWERED:

NOTATIONS FOR COUNSEL

LAGUNA NIGUEL, CALIFORNIA - THURSDAY, FEBRUARY 12, 2015

called as a witness, and having been first duly sworn by

the Certified Shorthand Reporter, was examined and

Would you, please, state your name for the

record and spell it so the court reporter can take it

Connie, C-o-n-n-i-e, L., like Larry, Morris,

Ms. Morris, my name is

Tracy Ettinghoff and I represent Mahmood in this lawsuit

and we're here to get some information from you today

under oath, and the proceeding that we're doing is

Have you ever had your deposition taken?

Let me just go over some of the ground

rules so you understand what is happening.

and she's going to take down everything that's said

during the deposition in shorthand form and then at the

conclusion of the deposition, she transcribes it into a

booklet which is called the deposition transcript, all

You'll have an opportunity to review the

transcript after it's prepared and to make sure that

it's accurate, okay?

And if there's anything in it that you feel is

inaccurate, you can make changes to the transcript;

however, you're under oath today and the testimony that

you give during the deposition is the same type of

testimony that you give while you're testifying in

that if you make any changes to the transcript after

you've answered a question during this proceeding today,

we can comment upon that at the trial because you're

under oath right now; do you understand that?

It is under oath, and so I want to caution you

I also want to just let you know that all of

your answers have to be audible because even though you

might shake your head like this, (indicating), and I

might understand what that response is, it won't show on

the record because she doesn't take down nods of the