1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 3 4 ______5 BRUCE D. KUYPER, an ) individual, ) 6 ) Plaintiff, ) 7 )No. BC 616011 vs. ) 8 ) NEW BEL-AIR ASSOCIATION, an ) 9 association of individuals; ) et al., ) 10 ) Defendants. ) 11 ______) 12 13 14 15 VIDEOTAPED DEPOSITION OF BRUCE D. KUYPER 16 Los Angeles, California 17 Wednesday, April 27, 2016 18 Volume I 19 20 21 Reported by: 22 KIM L. HEATH 23 CSR No. 7011 24 Job No. 2298945 25 PAGES 1 - 182
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Veritext Legal Solutions 866 299-5127 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 3 4 ______5 BRUCE D. KUYPER, an ) individual, ) 6 ) Plaintiff, ) 7 )No. BC 616011 vs. ) 8 ) NEW BEL-AIR ASSOCIATION, an ) 9 association of individuals; ) DANIEL JOSEPH LOVE, an ) 10 individual; MARCIA LOU HOBBS,) an individual; JAMIE ) 11 ELIZABETH GROSS MEYER, an ) individual; MAUREEN KELLY ) 12 LEVINSON, an individual; ) JAMES JAY HYMAN, an ) 13 individual; STEVEN S. MYERS, ) an individual; TAWNY LEE ) 14 SANDERS, an individual; GAIL ) LEOPOLD SROLOFF, an ) 15 individual; SOPARVAN M. ) SUPHAMONGKHON, an individual;) 16 and DOES 1 through 100, ) inclusive, ) 17 ) Defendants. ) 18 ______) 19 20 21 22 23 24 25
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Veritext Legal Solutions 866 299-5127 1 2 3 4 5 Videotaped deposition of BRUCE D. KUYPER, 6 Volume I, taken on behalf of Defendant Bel-Air 7 Association (sued incorrectly as "New Bel-Air 8 Association"), at 2121 Avenue of the Stars, Suite 9 2400, Los Angeles, California, beginning at 11:15 10 a.m. and ending at 4:54 p.m. on Wednesday, 11 April 27, 2016, before KIM L. HEATH, Certified 12 Shorthand Reporter No. 7011. 13 14 15 16 17 18 19 20 21 22 23 24 25
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Veritext Legal Solutions 866 299-5127 1 APPEARANCES: 2 3 For Plaintiff and Deponent Ronald Hudson: 4 COOKSEY, TOOLEN, GAGE, DUFFY & WOOG, P.C. 5 BY: PHIL WOOG 6 Attorney at Law 7 535 Anton Boulevard, Tenth Floor 8 Costa Mesa, California 92626-1977 9 (714) 431-1100 10 [email protected] 11 12 For Defendant Bel-Air Association (sued incorrectly 13 as "New Bel-Air Association"): 14 BROWNE GEORGE ROSS, LLP 15 BY: RUSSELL F. WOLPERT 16 Attorneys at Law 17 2121 Avenue of the Stars, Suite 2400 18 Los Angeles, California 90067 19 (310) 274-7100 20 [email protected] 21 22 23 24 25
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Veritext Legal Solutions 866 299-5127 1 APPEARANCES (continued): 2 3 Videographer: 4 JONATHAN MANUEL 5 RONIN MEDIA SERVICES 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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Veritext Legal Solutions 866 299-5127 1 INDEX 2 3 WITNESS 4 EXAMINATION 5 BRUCE D. KUYPER 6 VOLUME I 7 8 BY MR. WOLPERT 11 9 10 11 EXHIBITS 12 13 NUMBER DESCRIPTION PAGE 14 Exhibit 46 Amended Deposition Notice of 15 Bruce Kuyper 12 16 Exhibit 47 Notice of Special Meeting of 17 Members of Bel-Air Association, 18 3-17-16 17 19 Exhibit 48 E-mail 2-10-16 171 20 Exhibit 50 Ballot for Special Meeting of 21 Members of Bel-Air Association 22 Held on Thursday 3-17-16 18 23 Exhibit 51 Document entitled "Jay Belson" 21 24 Exhibit 52 Letter, 4-3-16 from Todd DeMann 25 at Paradigm Developers 32
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Veritext Legal Solutions 866 299-5127 1 INDEX (Continued): 2 3 EXHIBITS 4 5 NUMBER DESCRIPTION PAGE 6 Exhibit 53 Proxy for special Meeting 7 of Members of Bel-Air Association 8 to Be Held Thursday, 3-17-16 70 9 10 11 PREVIOUSLY MARKED EXHIBITS 12 (FROM RONALD HUDSON DEPOSITION, 4-26-16) 13 14 NUMBER DESCRIPTION PAGE 15 Exhibit 1 Bel-Air Association Blog 163 16 Exhibit 2 Bel-Air Association Blog 35 17 Exhibit 3 Bel-Air Association Blog 163 18 Exhibit 4 Bel-Air Association Blog 163 19 Exhibit 5 Bel-Air Association Blog 163 20 Exhibit 6 Bel-Air Association Blog 163 21 Exhibit 7 Bel-Air Association Blog 163 22 Exhibit 8 Bel-Air Association Blog 68 23 Exhibit 10 By-Laws of Bel-Air Association 14 24 Exhibit 11 E-mail, 2-12-16 76 25
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Veritext Legal Solutions 866 299-5127 1 INDEX (Continued): 2 3 PREVIOUSLY MARKED EXHIBITS 4 (FROM RONALD HUDSON DEPOSITION, 4-26-16) 5 6 NUMBER PAGE 7 Exhibit 12 Letter, 2-22-16, Annual Meeting 8 Nominations 76 9 Exhibit 13 E-mail chain 2-23-16 to 2-14-16 76 10 Exhibit 14 Letter, 3-3-16, with attached 11 Notice of Special Meeting of Members 12 of Bel-Air Association 81 13 Exhibit 15 3-3-16, Notice of Annual Meeting 14 of Member to Elect Directors on 15 April 13, 2016 83 16 Exhibit 22 Defendant's Supplemental 17 Responses to Plaintiff's First 18 Set of Special Interrogatories 90 19 Exhibit 27 Memorandum, 6-30-15 90 20 Exhibit 37 Document entitled, "Bel-Air 21 Association Annual Meeting Update 22 - President Ron Hudson" 90 23 24 25
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Veritext Legal Solutions 866 299-5127 1 INDEX (Continued): 2 3 4 QUESTIONS INSTRUCTED NOT TO ANSWER 5 PAGE LINE 6 136 13 7 136 17 8 137 1 9 137 5 10 138 1 11 138 6 12 138 21 13 140 24 14 141 13 15 145 3 16 156 11 17 18 19 20 21 22 23 24 25
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Veritext Legal Solutions 866 299-5127 1 Los Angeles, California, Wednesday, April 27, 2016
2 11:15 a.m.
3
4 VIDEO OPERATOR: Good morning. Today is
5 Wednesday, April 27th, 2016. The time is 11:15:42
6 approximately 11:15 a.m. The location is 2121
7 Avenue of the Stars, Suite 2400, Los Angeles,
8 California 90067. My name is Jonathan Manuel,
9 Videographer representing Ronin Media Services,
10 located at 46-E Peninsula Center, Suite 516 in 11:16:00
11 Rolling Hills Estates, California. The Court
12 Reporter is Kim Heath, from Veritext Legal
13 Solutions. This is Case No. BC616011, entitled
14 Bruce Kuyper versus New Bel-Air Association, et al.,
15 and the Deponent is Bruce Kuyper. 11:16:19
16 Counsel and all present will please identify
17 themselves for the record.
18 MR. WOLPERT: I'm Russell Wolpert. I
19 represent Bel-Air Association.
20 MR. WOOG: Phil Woog for the Plaintiff. 11:16:29
21 VIDEO OPERATOR: Would the Court Reporter
22 please swear in the witness?
23 //
24 //
25 //
Page 10
Veritext Legal Solutions 866 299-5127 1 BRUCE KUYPER,
2 having been administered an oath, was examined and
3 testified as follows:
4
5 EXAMINATION
6 BY MR. WOLPERT:
7 Q What's your full name?
8 A Bruce Donovan Kuyper.
9 Q What's your address?
10 A 11805 Bellagio Road -- that's 11:16:50
11 B-e-l-l-a-g-i-o, Road, in Los Angeles, California
12 90049.
13 Q And since approximately when have you lived
14 there?
15 A Since approximately August of 1999. 11:17:04
16 Q Have you ever had your deposition taken
17 before?
18 A Yes.
19 Q On about how many occasions?
20 A At least two that I can recall. 11:17:14
21 Q Have you ever taken anybody's deposition?
22 A Yes, many times.
23 Q More than a dozen?
24 A Well more than a dozen.
25 Q More than a hundred? 11:17:25
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Veritext Legal Solutions 866 299-5127 1 A Probably not more than a hundred.
2 Q So maybe somewhere like 75, 50, 75?
3 A Somewhere around that range; correct.
4 Q So you're very familiar with the process?
5 A Yes. 11:17:38
6 Q Are you a litigator?
7 A Yes.
8 Q Were you served with a deposition notice in
9 this case?
10 A I believe that I was. 11:17:51
11 Q Let me show you a document marked as
12 Exhibit 46, and ask if you've ever seen this before?
13 (Exhibit 46 was marked for
14 identification by the Court Reporter and
15 attached hereto.) 11:18:40
16 THE WITNESS: I don't believe I've seen it
17 before.
18 BY MR. WOLPERT:
19 Q Were you aware that your deposition notice
20 required to you produce documents at the 11:18:49
21 commencement of your deposition?
22 A No.
23 Q Have you brought any documents with you
24 called for by the deposition subpoena?
25 A No. 11:19:03
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Veritext Legal Solutions 866 299-5127 1 Q Okay. We will reserve all our rights on
2 that, including to re-depose you when the documents
3 have been produced.
4 And am I correct in understanding --
5 obviously it flows from the answer you just gave, 11:19:19
6 but am I correct in understanding that you did not
7 conduct a search for any of the documents requested
8 by the deposition subpoena; is that correct?
9 A That's correct.
10 Q Okay. Were you here yesterday throughout the 11:19:32
11 entirety of Ron Hudson's testimony?
12 A Yes, I was.
13 Q Did Mr. Hudson testify falsely in any manner?
14 A I believe -- I don't believe he testified
15 untruthfully -- 11:19:52
16 Q Okay.
17 A -- but I do believe he made some mistakes, as
18 I recall, regarding the bylaws.
19 Q Okay. So your testimony is that you think
20 Mr. Hudson testified inaccurately yesterday in -- in 11:20:05
21 some regards, and I think you've identified that as
22 with respect to the bylaws; is that correct?
23 A I believe that he made some mistakes with
24 regard to the bylaws, and I don't remember
25 specifically enough to be able to tell you whether 11:20:23
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Veritext Legal Solutions 866 299-5127 1 it was inaccurate.
2 Q Well, what's the difference between mistaken
3 testimony and inaccurate testimony, in your
4 estimation?
5 A Well, I believe he was asked a memory test, 11:20:34
6 basically, in my biased opinion, for him to go
7 through the bylaws and find provisions by which
8 Directors are -- are made -- or members can be made
9 Directors, and he, as I recall, overlooked the
10 section where the Board has the power to fill 11:21:00
11 vacancies.
12 Q What section is that?
13 A I don't recall, because I haven't looked at
14 the bylaws in over a month.
15 Q Let's look at them right now. They are 11:21:09
16 Exhibit 10, which you should have in front of you.
17 A I don't have it in front of me yet. I'm
18 about to have it in front of me.
19 MR. WOOG: Here you go.
20 (Exhibit 10 was previously marked for 11:21:27
21 Identification by the Court Reporter and
22 attached hereto.)
23 BY MR. WOLPERT:
24 Q Now you have it in front of you.
25 A It's just been handed to me by the Court 11:21:36
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Veritext Legal Solutions 866 299-5127 1 Reporter.
2 Q So looking at Exhibit 10, the BAA Bylaws, can
3 you tell me in what regard you believe Mr. Hudson
4 testified inaccurately yesterday?
5 A As I said, I haven't looked at these in over 11:21:50
6 a month, maybe --
7 Q Well, you can look at them right now.
8 A -- or more, so --
9 Q Take as much time as you need.
10 A Yeah, if I can just finish. I'm going to 11:22:03
11 take my time to find it. I'm just stating that for
12 the record.
13 Q Take as much time as you need.
14 A It's on page 5, which is Article 4, which is
15 entitled, "Officers," which is why it took me so 11:25:23
16 long to find it, Section 12.
17 Q And how does Article 4, Section 12 differ
18 from the testimony that Mr. Hudson gave yesterday?
19 A No, I don't believe it differs. I believe
20 that he failed to include it when he was asked, "Are 11:25:45
21 there any methods of becoming a Director other than
22 an election at an annual or special meeting of
23 members?" I believe he omitted it.
24 Q And you believe that for his testimony to be
25 complete and accurate, he should have included this? 11:26:09
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Veritext Legal Solutions 866 299-5127 1 A For the correct answer to that question, he
2 should have included this.
3 Q Other than that incorrect answer to the
4 question, which you've just identified, did Mr.
5 Hudson provide any additional or any other 11:26:29
6 inaccurate testimony yesterday?
7 A I wouldn't say it was incorrect. I would say
8 his answer was incomplete.
9 Q Have you completed your answer to my
10 question? 11:26:44
11 A Yes.
12 Q Okay. So if that was the only incomplete or
13 inaccurate thing he testified to, let's move on to
14 something else.
15 A That's as I recall right now. 11:27:05
16 Q Right. You recall nothing else?
17 A I recall nothing else right now.
18 Q Okay. What did you do to prepare -- prepare
19 for your testimony here today?
20 A Nothing. 11:27:15
21 Q Did you meet or speak with anybody?
22 A No.
23 Q Did you meet with your lawyer?
24 A Only to talk about the logistics of the time.
25 Q Are you aware of the fact that several -- by 11:27:32
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Veritext Legal Solutions 866 299-5127 1 the way, if I use the acronym, "BAA," you'll
2 understand that to mean Bel-Air Association?
3 A Yes.
4 Q That's satisfactory with you?
5 A Yes. 11:27:46
6 Q Okay. Are you aware of the fact that several
7 BAA members noticed what they called Special Meeting
8 of the Bel-Air Association to occur on March 17,
9 2016?
10 A Yes. 11:28:01
11 Q Did you receive a notice of that special
12 meeting?
13 A Yes. It was addressed to, "Current
14 Resident," but I did receive it at my home address,
15 which I stated on the record earlier. 11:28:14
16 Q And you received this by mail?
17 A Yes.
18 Q And is this the true copy of the notice that
19 you received on or shortly after March 3 of 2017 --
20 pardon me -- March 3 of 2016 -- let me just strike 11:28:42
21 that.
22 I'll mark as Exhibit 47 a notice, and ask if
23 you this is the notice that you received on or
24 shortly after March 3, 2016?
25 (Exhibit 47 was marked for 11:28:58
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Veritext Legal Solutions 866 299-5127 1 identification by the Court Reporter and
2 attached hereto.)
3 THE WITNESS: This is undated, so I can't be
4 sure, but I believe that it is the notice that I
5 received in the mail on March 5th in my mail at my 11:29:33
6 house.
7 BY MR. WOLPERT:
8 Q Okay. It looks familiar? It looks like
9 that?
10 A It looks like it, and I have no reason to 11:29:46
11 think that it's not, but I'm just not absolutely
12 sure, because I remember there were three different
13 mailings, but this does look like the first mailing.
14 There were three different mailings from this group
15 of BAA members. 11:30:02
16 Q What were the other two?
17 A I believe they were reminders about the
18 meetings and proxy forms and some other copies of
19 documents that I don't recall right now.
20 Q When you say you also received a mailing of a 11:30:57
21 proxy form, I'd like to show you a document marked
22 as Exhibit 50, and ask you if this is the document
23 to which you were referring, 50?
24 (Exhibit 50 was marked for
25 identification by the Court Reporter and 11:31:12
Page 18
Veritext Legal Solutions 866 299-5127 1 attached hereto.)
2 THE WITNESS: It looks like one of the proxy
3 forms that was in one of the subsequent mailings
4 that I received from this group of BAA members.
5 BY MR. WOLPERT: 11:31:40
6 Q Do you remember when you -- you received that
7 in the mail?
8 A I don't remember the date. I just know that
9 it was after my March 5th mail, because that's when
10 I received the first mailing, which was Exhibit 47. 11:31:56
11 Q Okay. And obviously before the meeting was
12 held on March 17; correct?
13 A Correct.
14 Q Do you know of any BAA member who was not
15 aware of the March 17, 2016 meeting until after the 11:32:13
16 time that it had already taken place?
17 A Yes.
18 Q Could you identify each such person?
19 A One is Jay Belson.
20 Q Have you completed your answer? 11:32:37
21 A Yes. You asked me to identify one of them,
22 and I said one of them.
23 Q No, I didn't, I did not ask you to identify
24 only one. I asked you if you were aware of any, and
25 you mentioned Jay Belson. Let me just ask you this 11:32:50
Page 19
Veritext Legal Solutions 866 299-5127 1 so we have a clean record. Can you identify any and
2 all persons, if any, who were not aware of the fact
3 of the March 17, 2016 special meeting until after
4 the time that it already took place?
5 A I can identify a few of them. 11:33:20
6 Q Please do so, each one.
7 A One is Jay Belson, and another is Tyron, I
8 forget his last name, and he holds a membership with
9 a gentleman named Christopher. And Tyron and
10 Christopher are with a company called Plus 11:33:36
11 Development. And there is another person I'm
12 forgetting that I believe is attached to my
13 complaint in this matter.
14 Q Is that a Mr. DeMann?
15 A Yes. 11:33:52
16 Q D-e capital M-a-n-n?
17 A That's correct. I had forgotten his name,
18 yes.
19 Q Okay.
20 A So those are the only ones that I -- I can 11:33:59
21 name that I'm aware of at this time.
22 Q On what do you base your testimony that
23 Mr. Belson was unaware of the March 17 meeting until
24 after it had already occurred?
25 A Because of his letter that's attached to my 11:34:18
Page 20
Veritext Legal Solutions 866 299-5127 1 complaint in this matter.
2 Q From that letter, you draw the conclusion
3 that he was unaware of the meeting until after it
4 occurred?
5 A That's correct. 11:34:35
6 Q Why do you draw that conclusion?
7 A Because that's what his letter says.
8 Q Okay. That's your testimony.
9 I'd like to show you a letter from Jay
10 Belson. This is the one attached to your 11:37:38
11 declaration. It's marked as Exhibit 51. I'd like
12 to show this to you and then I'll have some
13 questions to ask you about it.
14 (Exhibit 51 was marked for
15 identification by the Court Reporter and 11:37:49
16 attached hereto.)
17 BY MR. WOLPERT:
18 Q And my first question is going to be whether
19 you'd like to change your testimony after reviewing
20 this letter? 11:38:02
21 A This Exhibit 51, which is attached to my
22 complaint, is a letter from Jay Belson, dated
23 April 1, 2016. It states that he never received
24 notice about election meeting on March 17, 2016.
25 Q Right. 11:38:35
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Veritext Legal Solutions 866 299-5127 1 A So, no, I do not change my testimony.
2 Q Well, what is it about this letter that leads
3 you to conclude that he was unaware of the meeting
4 until after it occurred? All it says is that he
5 never received notice of it. It doesn't say he 11:38:49
6 wasn't aware of it, so where -- where do you draw
7 that conclusion?
8 A I draw that conclusion from him stating he
9 never received notice of an election meeting on
10 March 17, 2016. 11:39:01
11 Q Is it your testimony that there could be no
12 way to be aware of a meeting other than by receiving
13 notice of it?
14 A That's not my testimony.
15 Q So, therefore, the fact that Mr. Belson says 11:39:10
16 in this letter that he didn't receive notice of the
17 meeting doesn't mean that he was unaware of the
18 meeting, does it?
19 A It does not preclude that possibility.
20 Q Correct. 11:39:26
21 A But I don't see any other reasonable
22 conclusion from his letter, other than what I've
23 testified to.
24 Q Did you discuss the matter with him?
25 A No, I did not. 11:39:35
Page 22
Veritext Legal Solutions 866 299-5127 1 Q How did you procure his letter?
2 A I didn't procure the letter.
3 Q Who procured it?
4 A What do you mean by, "Procure"?
5 Q Well, it's attached to your lawsuit. 11:39:51
6 A But it was sent to me.
7 Q Just out of the blue? Just showed up one
8 day?
9 A It showed up in my e-mail.
10 Q And you had no prior communications with 11:40:04
11 anybody about it?
12 A No, I had.
13 Q With whom?
14 A Kimberlina Whettam.
15 Q Who is that? 11:40:15
16 A She is an expeditor.
17 Q What's a expeditor?
18 A Somebody who represents owners of property
19 getting discretionary approvals or non-discretionary
20 approvals from the Planning Department or the 11:40:34
21 Department of Building and Safety, respectively.
22 Q Variances, CUP's, things like that?
23 A Variances are discretionary approvals from
24 the Planning Department. CUP's are also
25 discretionary approvals from the Planning 11:40:52
Page 23
Veritext Legal Solutions 866 299-5127 1 Department, as I understand it.
2 Q What did you and Kimberlina, is that the
3 name?
4 A Yes, her name is Kimberlina.
5 Q What did you and Kimberlina discuss? 11:41:03
6 A I asked her if she was aware of anyone who
7 did not receive notice of the March 17, 2016 meeting
8 of several members of the Bel-Air Association.
9 Q What did she say?
10 A She said that she would ask people that she 11:41:21
11 knows who are members and let me know.
12 Q When did you ask that of her?
13 A It was sometime in early April, I believe,
14 maybe late March, somewhere in that time frame.
15 Q Was that an event that you asked her? 11:41:55
16 A No particular event, no, that's just the time
17 frame as best I can recall.
18 Q Was that the only time you spoke with her
19 with regard to the March 17, 2016 special members
20 meeting or the facts that bring us here today? 11:42:16
21 A I don't remember if I spoke to her once or
22 more than once about the -- the special meeting,
23 so-called, held by these Bel-Air Association
24 members.
25 Q What did you or she say in that conversation 11:42:43
Page 24
Veritext Legal Solutions 866 299-5127 1 or in those conversations other than what you've
2 already testified to?
3 A Nothing, other than what I've -- as I recall
4 right now, nothing other than what I have just
5 testified to. 11:42:59
6 Q Now, sometime after you had that discussion
7 with her, did this April 1, 2016 letter from
8 Mr. Belson arrive as a PDF attachment in an e-mail
9 that you received?
10 A Yes. 11:43:19
11 Q Did any other discussions with anybody
12 precede it or was it just that you spoke with
13 Kimberlina, and the next thing you knew this showed
14 up as a PDF in your e-mail?
15 A I may have had one or more e-mail 11:43:32
16 communications with Kimberlina before this showed
17 up.
18 And also I'd like to clarify, since this
19 letter is dated April 1, I must have made the
20 request in late March, after the March 17 meeting by 11:43:49
21 these Bel-Air Association members.
22 Q Did you bring any of the e-mails either
23 involving Kimberlina or Jay Belson with you here
24 today?
25 A No, I did not. 11:44:04
Page 25
Veritext Legal Solutions 866 299-5127 1 Q As a result of your discussion with
2 Kimberlina in March of 2016, as to whether she was
3 aware of anybody not receiving notice of the March
4 17 meeting, did you receive any other
5 communications? 11:44:25
6 A From Kimberlina?
7 Q From anybody.
8 A Yes.
9 Q From whom?
10 A Tyron, whom I mentioned previously, and I 11:44:35
11 forget his last name.
12 Q Why was that not attached to your complaint?
13 A I don't know.
14 Q What did the e-mail from Tyron say?
15 A It said that neither he nor Christopher 11:44:51
16 received notice of the meeting.
17 Q What property do they own in Bel-Air?
18 A I don't recall.
19 Q Do you recall what property Jay Belson owns
20 in Bel-Air? 11:45:12
21 A Yes.
22 Q What property is that --
23 A He --
24 Q -- or what properties are those?
25 A He owns the Tione Road property. That's 11:45:19
Page 26
Veritext Legal Solutions 866 299-5127 1 T-i-o-n-e Road property that Margaret Perenchio, who
2 is one of the -- one of the Bel-Air Association
3 members behind Fred Rosen and the ones that held
4 this meeting, that she sold to him.
5 Q Is that 911? 11:45:43
6 A I don't recall the address, but that sounds
7 vaguely correct.
8 Q Is that a vacant lot?
9 A Well, I believe it's actually two lots, one
10 with an address on Stradella, that's 11:46:00
11 S-t-r-a-d-e-l-l-a Road. That's at corner of Tione
12 Road and Stradella road.
13 Q And the other?
14 A The other has an address on Tione Road, and I
15 believe it's 911, and I believe that may be the only 11:46:23
16 property on Tione Road.
17 Q Is that currently improved? In other words,
18 does it have a house on it, a structure?
19 A I don't believe so, but I don't know.
20 Q Do you know if it has a construction mailbox? 11:46:37
21 A I don't know.
22 Q Did you ask anybody, other than Kimberlina,
23 whether they were aware of anybody who didn't get
24 notice of the March 17, 2016 meeting?
25 A I don't believe so. 11:47:02
Page 27
Veritext Legal Solutions 866 299-5127 1 Q Why did you ask only her?
2 A Because I know her best out of -- as someone
3 who knew some recent recently joined members of the
4 Bel-Air Association.
5 Q Did she help procure those recently joined 11:47:27
6 members?
7 A I don't remember. I believe so, but I'm not
8 sure.
9 Q Did you have any discussions with her about
10 getting new members? 11:47:38
11 A Yes.
12 Q What were those discussions? What did you
13 say? What did she say?
14 A Oh, I asked her whether she had any clients
15 that owned property in Bel-Air that would be willing 11:47:54
16 to join the Bel-Air Association.
17 Q What did she say?
18 A She said that she thought that she had a
19 number of clients that had, of course, properties in
20 Bel-Air, and that she would ask them, and that she 11:48:14
21 believes several of them would.
22 Q Did she identify any of them?
23 A No.
24 Q Are most of her clients developers or are any
25 of them actual homeowners? 11:48:25
Page 28
Veritext Legal Solutions 866 299-5127 1 A I don't know her client makeup.
2 Q Are you aware of any of her clients?
3 A I am.
4 Q Who, which ones?
5 A Michael Chen, who owns the property on 11005, 11:48:38
6 Bellagio Place, I believe. It's a house that Joe
7 Horaset sold to Michael Chen, who is a developer. I
8 believe that she represents Jay Belson.
9 Q And he's a developer; right?
10 A And I believe that he's a developer. 11:49:09
11 Q In fact, he's been quite prolific in saying
12 that he wants to sell the 911 Tione property for a
13 hundred million dollars because lots of rich
14 billionaires come into town and want a place to
15 stay; right? 11:49:26
16 A I don't know that. You'd have to ask your
17 client Margaret Perenchio. She sold it to him.
18 Q She is not my client.
19 But other than that, is it fair to
20 characterize Mr. Belson as a developer? 11:49:38
21 A I believe that's a fair characterization.
22 Q Did you ask any non-developers to join the
23 BAA?
24 A I have asked non-developers to join the BAA,
25 yes. 11:50:00
Page 29
Veritext Legal Solutions 866 299-5127 1 Q In the year 2016?
2 A I don't recall. I believe so, but I don't
3 recall.
4 Q What are their names?
5 A I have a neighborhood e-mail list in my 11:50:09
6 neighborhood, and I have periodically sent out to
7 that list that I've developed through my neighbors.
8 I have periodically asked them to consider joining
9 if they aren't already members.
10 Q Was that done in 2016? 11:50:28
11 A That may have been done -- the last time I
12 did it may have been in 2016.
13 Q Or it may not have?
14 A Or it may not have.
15 Q You have that e-mail? 11:50:42
16 A I would have that e-mail.
17 Q But you didn't bring it?
18 A No, I didn't bring it.
19 Q I'd ask that you preserve all such e-mails.
20 About how many people did you discuss the 11:50:57
21 March 17, 2016 special members meeting with, how
22 many different people, would you say?
23 A Well, several members of the Board of
24 Directors of the Bel-Air Association.
25 Q Which ones? 11:51:24
Page 30
Veritext Legal Solutions 866 299-5127 1 A Well, certainly everyone on the Executive
2 Committee.
3 Q Anyone else other than those?
4 A Yes.
5 Q Who else? 11:51:39
6 A Actually, probably all of the Board members
7 at a Board meeting after the meeting for sure and
8 perhaps before.
9 Q Did any of them fail to receive notice of the
10 special meeting on March 17, 2016? 11:51:56
11 A Do you mean did any of them fail to receive
12 Exhibit 47?
13 Q Yes, that's what I mean.
14 A I don't know.
15 Q Did any of them say that they did? 11:52:16
16 A I don't recall any of them saying that they
17 did or that -- and I also don't recall any of them
18 saying that they did not.
19 Q Did you discuss the March 17, 2016 special
20 meeting with anybody other than Kimberlina and the 11:52:30
21 members of the BAA Board?
22 A I discussed it with my fiance.
23 Q Have you completed your answer?
24 A Yes.
25 Q What did you and your fiance discuss about 11:52:52
Page 31
Veritext Legal Solutions 866 299-5127 1 it?
2 A I discussed the meeting and how I felt that
3 it was interesting that Fred was behind Marcia
4 Hobbs' lawsuit, dismissed that, and immediately the
5 same day sent out that notice, and had violated the 11:53:16
6 bylaws and the Corporation's Code.
7 Q Did you discuss anything else with her?
8 A About the March 17th meeting, I don't believe
9 so.
10 MR. WOLPERT: I'd like to show you a document 11:53:47
11 marked as Exhibit 52. This is also an attachment to
12 your lawsuit. And then I'll have some questions for
13 you on it.
14 (Exhibit 52 was marked for
15 identification by the Court Reporter and 11:54:00
16 attached hereto.)
17 THE WITNESS: I've read it.
18 BY MR. WOLPERT:
19 Q This is attached your lawsuit?
20 A I believe that it is. 11:54:28
21 Q Did you ever discuss this letter with
22 Mr. DeMann?
23 A With Mr. DeMann?
24 Q Yes.
25 A No. 11:54:40
Page 32
Veritext Legal Solutions 866 299-5127 1 Q Did you ever discuss this letter with anybody
2 at Paradigm Developers?
3 A No.
4 Q Did you ever discuss this letter with
5 anybody? 11:54:48
6 A Only with Phil, my attorney.
7 Q Did you ever speak with Mr. DeMann --
8 DeMann -- did you ever have any communications with
9 him about this letter, or otherwise?
10 A Not that I recall. 11:55:17
11 Q Or anybody else at Paradigm Developers?
12 A Not that I recall.
13 Q Do you have any knowledge as to whether
14 Mr. DeMann knew of the March 17, 2016 meeting before
15 it occurred? 11:55:37
16 A From this letter, which states, "I never
17 received notice of an election meeting on March 17,
18 2016," I presume that he never learned of the
19 meeting before it occurred.
20 Q Well, and as you've testified before, you 11:56:03
21 could learn of a meeting in different ways, one of
22 which is receiving it, but there are also additional
23 ways you could learn of it; correct?
24 A That's what I said earlier.
25 Q And your opinion on that hasn't changed, has 11:56:17
Page 33
Veritext Legal Solutions 866 299-5127 1 it?
2 A No, it hasn't.
3 Q Why didn't you obtain declarations from
4 Mr. DeMann or Mr. Belson?
5 A I didn't believe it was necessary. 11:56:33
6 Q Well, you're a lawyer. You know that a
7 letter is of no evidentiary value; right?
8 A I disagree. It's a deposition exhibit in my
9 deposition that you've marked.
10 Q Do you think a letter is of the same gravitas 11:56:57
11 as a declaration sworn under penalty of perjury?
12 A What do you mean by "gravitas" in this
13 context --
14 Q You've never heard of that?
15 A -- in this context, if you let me finish. 11:57:09
16 I'm asking you to clarify the question.
17 Q You don't understand it as I asked it?
18 A I understand what the word "gravitas" means.
19 I don't use it in a legal context.
20 Q Normally -- 11:57:23
21 A If you're asking me whether it's the same as
22 sworn testimony under penalty of perjury, clearly
23 it's not, because it doesn't state that.
24 Q Why did you not seek to have sworn testimony
25 under penalty of perjury? 11:57:36
Page 34
Veritext Legal Solutions 866 299-5127 1 A I didn't believe that it was necessary at the
2 complaint stage of the lawsuit.
3 Q Can you please look at Exhibit 2?
4 (Exhibit 2 was previously marked for
5 identification by the Court Reporter and 11:58:27
6 attached hereto.)
7 BY MR. WOLPERT:
8 Q Take as much time as you need to review it,
9 but the part of this that I'm going to ask you about
10 involves the third paragraph, which begins with the 11:58:47
11 word, "Regrettably."
12 A I've read that third paragraph.
13 Q What role, if any, did you play in the
14 creation of this document, Exhibit 2?
15 A Are you talking about the third paragraph or 11:59:14
16 the entire exhibit now?
17 Q Well, let's take them one by one. Let's
18 start with the third paragraph.
19 A I may have edited the third paragraph. I
20 don't believe that I wrote the first draft of it. 11:59:29
21 Q Is it fair to say that you either wrote or
22 edited various portions of Exhibit 2, including the
23 third paragraph?
24 A Yes, that is fair to say.
25 Q Do you believe that the third paragraph is 11:59:48
Page 35
Veritext Legal Solutions 866 299-5127 1 truthful?
2 A Absolutely.
3 Q Which few individuals are you referring to in
4 the third paragraph?
5 A Marcia Hobbs, Dan Love, Jamie Meyer, Maureen 12:00:02
6 Levinson, Fred Rosen, and I believe that's all that
7 I can recall for now.
8 Q When did Marcia Hobbs first join the BAA?
9 A I don't know.
10 Q Do you have any idea? 12:00:58
11 A No.
12 Q When did Jamie Meyer first join the BAA?
13 A I don't know.
14 Q Do you have any idea?
15 A No. 12:01:09
16 Q When did Maureen Levinson first join the BAA?
17 A I believe it was last Fall, the Fall of 2015.
18 Q When did Dan Love first join the BAA?
19 A I believe it was the Summer of 2015, but
20 sometime in 2015. 12:01:35
21 Q When did Fred Rosen first join the BAA?
22 A I don't know.
23 Q Do you have any idea?
24 A No, I don't.
25 Q If I told that you Marcia Hobbs had first 12:01:43
Page 36
Veritext Legal Solutions 866 299-5127 1 joined the BAA more than a quarter century ago,
2 would you have any information that you believe
3 would show that to be incorrect?
4 A No, because, as I told you, I don't know when
5 she joined. 12:01:57
6 Q So how could you have made a representation
7 that these persons, quote, "Recently join the
8 Bel-Air Association," close quote?
9 A No, I haven't.
10 Q What? 12:02:16
11 A No, I haven't.
12 Q Well, you -- you -- your blog here that you
13 helped write and edit says a few individuals, quote,
14 "recently joined the Bel-Air Association," close
15 quote. Do you see that? 12:02:28
16 A Yes.
17 Q If you have no idea when Marcia Hobbs joined
18 or when Jamie Meyer joined or when Fred Rosen
19 joined, and if they were among the individuals to
20 whom you're referring, how could you make that 12:02:43
21 representation with no knowledge as to whether it
22 was true or not?
23 A Because Fred and Jamie had terminated their
24 memberships with the Bel-Air Association and then
25 they had recently rejoined, so that's how Fred and 12:02:57
Page 37
Veritext Legal Solutions 866 299-5127 1 Jamie recently joined the Bel-Air Association.
2 Q How about Marcia Hobbs?
3 A Marcia Hobbs, before my time on the Board,
4 which was barely a year ago, as I understand it,
5 was -- had her membership terminated, and then she 12:03:20
6 was allowed to rejoin, so that's how she would be a
7 new -- an individual who recently joined the Bel-Air
8 Association.
9 Q Do you believe it's fair and accurate to
10 characterize Marcia Hobbs as somebody who newly 12:03:47
11 joined the BAA?
12 A As part of that group, yes.
13 Q Okay. Are you aware that before you filed
14 your lawsuit, a prior lawsuit was filed by Mr.
15 Hudson and the Bel-Air Association? 12:04:25
16 A Yes.
17 Q And how do you have knowledge of that fact?
18 A I was involved in the strategy and decision
19 to bring that lawsuit.
20 Q What did your involvement consist of? 12:04:47
21 A Work product and holding a Board meeting to
22 vote on the matter, either a Board meeting or -- or
23 Executive Committee meeting. I don't remember
24 which. I think it was a Board meeting.
25 Q When was the Board meeting held? 12:05:10
Page 38
Veritext Legal Solutions 866 299-5127 1 A Before the lawsuit was filed.
2 Q Do you remember on what date?
3 A No.
4 Q Do you remember how long before the lawsuit
5 was filed? 12:05:17
6 A I don't recall, but it was within a -- less
7 than a couple weeks.
8 Q Were minutes kept of that Board meeting?
9 A If it were a Board meeting, minutes would
10 have been kept, and I would have kept them, yes. 12:05:35
11 Q Well, did you prepare minutes for that Board
12 meeting?
13 A I don't know if the minutes have been -- if I
14 formally prepared the minutes for that meeting, but
15 I definitely have the notes, handwritten minutes. 12:05:46
16 Q Did you produce them?
17 A I'm sorry?
18 Q Did you produce them?
19 A No. I don't see any document request.
20 Q Who was at that meeting? 12:06:03
21 A More than a quorum of Board members. I don't
22 remember specifically. I would have to check my
23 notes.
24 Q Do you have any recollection, whatsoever, of
25 who was there? 12:06:19
Page 39
Veritext Legal Solutions 866 299-5127 1 A I have some recollection of who was there.
2 Q Who?
3 A Ron Hudson, Marv Elkin, Marv short for
4 Marvin, Gary Swernik, S-w-e-r-n-i-k, Chris Hameetman
5 H-a-m-m-e-e-t-a-n (sic). I'm sorry, he only has one 12:07:01
6 "m" in his name. Jeff Kaplan, by phone, I believe.
7 And I can't remember for sure anyone else at this
8 time.
9 Q How was notice given of the meeting?
10 A I gave notice by e-mail to the entire Board. 12:07:24
11 Q How far in advance of the meeting?
12 A More than four days, I believe.
13 Q Were any votes taken or resolutions passed at
14 that meeting?
15 A I believe there was a vote, if it was a Board 12:07:45
16 meeting, that we proceed with this lawsuit.
17 Q Do you remember who voted for and against?
18 A Every -- it was unanimous in favor.
19 Q If it had been an Executive Committee
20 meeting, would there have been a vote? 12:08:06
21 A Yes.
22 Q What are the powers of the Executive
23 Committee?
24 A I don't remember off the top of my head, but,
25 in general, to make executive decisions for the 12:08:23
Page 40
Veritext Legal Solutions 866 299-5127 1 Bel-Air Association.
2 Q What's that based on, what authority?
3 A The bylaws and the Corporation's Code.
4 Q So would it be correct that whatever
5 authority the Executive Committee has would be such 12:08:38
6 as is set forth in the bylaws, marked as Exhibit 10,
7 or imposed as matter of law under the Corporations
8 Code?
9 A Well, not just imposed as a matter of law by
10 the Corporations Code, but granted by the 12:08:56
11 Corporations Code, as well as any Board resolutions.
12 Q Well, are you aware of any Board
13 resolutions --
14 A I'm aware --
15 Q -- granting the power to the Executive 12:09:08
16 Committee?
17 A Not specifically without seeing the
18 resolutions.
19 Q Okay. Do you remember if it was a Board
20 meeting or a Executive Committee meeting? 12:09:29
21 A No, as I testified earlier, I don't recall.
22 Q Who is on the Executive Committee?
23 A All of the Officers of the Corporation, so
24 that's President Ron Hudson, myself as Secretary and
25 General Counsel, Cynthia Arnold, Marv Elkin, Shelly 12:09:55
Page 41
Veritext Legal Solutions 866 299-5127 1 Scott, Jeff Kaplan, Chris Hameetman.
2 Q Is it your testimony that the Executive
3 Committee has the authority to commit the Bel-Air
4 Association to commence litigation?
5 A I believe so. 12:10:27
6 Q Under what authority?
7 A Under the authority I've mentioned before,
8 the California Corporations Code, the bylaws, and
9 any resolutions of the Board of Directors of the
10 Bel-Air Association. 12:10:39
11 Q But you remember no such resolutions?
12 A I said I don't specifically remember a
13 resolution granting that authority. I don't even
14 know that one is necessary.
15 Q Is Paulette -- strike that. 12:10:51
16 Has Paulette DuBey ever been on the Board of
17 Directors of the BAA?
18 A Not to my knowledge.
19 Q At this Board meeting or Executive Committee
20 meeting that you referenced, and this was held after 12:11:17
21 March 17, of 2016, but before Mr. Hudson and the BAA
22 initiated their lawsuit; is that correct?
23 A That's correct.
24 Q Where was this held?
25 A It was held in a conference room in Mr. 12:11:35
Page 42
Veritext Legal Solutions 866 299-5127 1 Hudson's office.
2 Q So that's at the Bel-Air Bar and Grill at 662
3 Sepulveda?
4 A It's not in the restaurant. It's in the
5 office building. 12:11:49
6 Q Which is in the restaurant?
7 A No, I would say the restaurant is in the
8 building which contains offices, which is in the
9 office part of the building.
10 Q And that's where the meeting was? 12:11:59
11 A That's what I said, in the conference room in
12 his office that he leases with other people in that
13 office building.
14 Q Who else leases the office that Mr. Hudson
15 leases there? 12:12:16
16 A Ameen Ayoub, and I believe two other
17 gentlemen that I've briefly met.
18 Q Do you know their names?
19 A I do not know their names. I don't recall
20 them. I was introduced to them briefly. 12:12:30
21 Q Who is Ameen Ayoub?
22 A Ameen, A-m-e-e-n, Ayoub, A-y-o-u-b, is an
23 architect, and he's a Director of the Bel-Air
24 Association.
25 Q Does he have any personal relationship with 12:12:48
Page 43
Veritext Legal Solutions 866 299-5127 1 Mr. Hudson?
2 A I don't believe so.
3 Q Does he practice with Mr. Hudson? Does he
4 have a business relationship?
5 A I don't believe that they do, other than I 12:12:57
6 believe they are on the same lease together, this
7 office suite with a conference room that they lease.
8 Q Do you know when the entitlements were first
9 requested for the build-out of that suite?
10 A I'm sorry, did you ask when? 12:13:13
11 Q Yes.
12 A I do not know.
13 Q Do you know when they were issued?
14 A I don't know that there were any
15 entitlements. I just know there was a build-out, 12:13:23
16 because I remember seeing the space. Ron showed it
17 to me as it was being built out sometime last year.
18 Q Wouldn't you need permits for the build-out?
19 A I have no idea.
20 Q Okay. 12:13:36
21 A This was interior space, but I don't know.
22 Q So the footprint wasn't changed?
23 A That's correct.
24 Q So moving around walls on the interior?
25 A I believe that's correct. There were no 12:13:56
Page 44
Veritext Legal Solutions 866 299-5127 1 interior walls moved or constructed.
2 Q In 2016 who kept the minutes for the BAA?
3 A For the meetings of the Board of Directors?
4 Q Or any Committees of the Board, yes.
5 A I think that would be me or be I, excuse me. 12:14:22
6 Q And did you prepare them, as well?
7 A Yes.
8 Q With respect to the minutes of the Board or
9 Executive Committee meeting held between March 18,
10 2016, and the filings of the Hudson/Bel-Air lawsuit, 12:14:49
11 have those minutes been approved yet by either the
12 Board or the Executive Committee?
13 A No.
14 Q So they exist, if at all, in draft form?
15 A That's correct. 12:15:07
16 Q Why have they not been approved?
17 A They haven't been presented to the Board for
18 approval.
19 Q Why?
20 A Because I haven't finished preparing them, 12:15:18
21 and I don't believe that Board approval is even
22 required.
23 Q You believe that you have plenary authority
24 to prepare minutes and they become the minutes of
25 the organization without any voter approval? 12:15:38
Page 45
Veritext Legal Solutions 866 299-5127 1 A I believe that's correct.
2 Q Okay. Has the -- well, strike that.
3 I want to try and have some term that is
4 satisfactory to you, Mr. Kuyper, to differentiate
5 between the new Board of the BAA, which is Marcia 12:16:24
6 Hobbs as Board Chair, et cetera, and the old Board
7 which exited up until March 17, 2016. And I know
8 it's your position that it may still exist, so I'm
9 not trying to -- to get you to say anything in that
10 regard. I just want some way to refer to the two of 12:16:48
11 them that's clear for the record. So if I refer to
12 the Board that was elected, and I know you dispute
13 the validity of the election. Again, I'm not trying
14 to play games with you, I'm trying to get a lexicon
15 down, so if I refer to the Board of the BAA that was 12:17:09
16 elected on March 17, 2016, as the new Board and the
17 Board that had served up until that time, where you
18 were on it and Mr. Hudson was on it, and others, as
19 the Old Board, will that be satisfactory in what I
20 mean? 12:17:25
21 A No, I can't agree to that. There is no old
22 Board. The Board continues to exist.
23 Q What terms would you like to use? I'll use
24 whatever terms you want within reason.
25 A Well, do you want to refer to the group of 12:17:36
Page 46
Veritext Legal Solutions 866 299-5127 1 Directors or just the people that held their own
2 meeting on March 17?
3 Q Well, I want to refer to the Board as it
4 exists now, and I want to refer to the Board as it
5 exists before May 17th. Since you don't want to use 12:17:57
6 any term, I'll just use my own.
7 A I didn't say I don't want to use any term.
8 I'm trying to define who you want to talk about.
9 You want to talk about the nine people that they
10 purportedly elected, we can use that term; 12:18:16
11 otherwise, you can just ask your terms, and I'll use
12 my language in my answers.
13 Q I'm not going to use the pejorative term that
14 I like for the new Board, and I was trying to have
15 the new Board and the old Board, because I thought 12:18:31
16 it was going to be efficient, but it's taking more
17 time than we need, so I'll just ask the questions.
18 You testified that the Board of Directors,
19 which you believe still to be on, held a meeting to
20 authorize the filing of the Hudson lawsuit; is that 12:18:47
21 correct?
22 A I said, and I still say, that there was
23 either a Board meeting, I believe it was a Board
24 meeting, or a Executive Committee meeting that
25 authorized the filing of the Ron Hudson lawsuit. 12:19:05
Page 47
Veritext Legal Solutions 866 299-5127 1 Q Right. Has that BAA Board, the one that you
2 claim to be on, held any Board meetings since the
3 time of that Board meeting, and I realize you think
4 it was probably a Board meeting, it might have been
5 an Executive Committee meeting, but whatever it was, 12:19:24
6 has that Board held any Board meetings since that
7 time?
8 A Yes.
9 Q When?
10 A March 30, 2016. 12:19:33
11 Q Were minutes kept of that meeting?
12 A I kept the minutes, yes.
13 Q And are they just drafts or official minutes?
14 A They are currently my notes, which I will
15 then turn into official minutes, as is my custom and 12:19:54
16 practice.
17 Q What was the purpose of this March 30 Board
18 meeting?
19 A I don't remember everything on the agenda,
20 but I do remember one item was to discuss this 12:20:15
21 allegation coming from your clients that Ron Hudson
22 had a conflict of interest in representing the
23 Bel-Air Association in support of the Bel-Air Bar
24 and Grill's renewal of its conditional use permit to
25 sell beer and wine off sale. 12:20:40
Page 48
Veritext Legal Solutions 866 299-5127 1 Q Can you remember anything else that was
2 discussed at that meeting?
3 A I believe that it was discussed that your
4 clients group had gone into U.S. Bank and Wells
5 Fargo and taken the Bel-Air Association's funds and 12:21:09
6 closed the accounts.
7 Q Have you completed your answer to my
8 question?
9 A Yes.
10 Q Were any actions taken, such as votes, 12:21:21
11 resolutions passed, anything else at that March 30,
12 2016 Board meeting?
13 A Yes.
14 Q Can you describe all such actions or votes?
15 A Well, I can describe the one I recall. I 12:21:38
16 only recall one.
17 Q You can only describe what you can recall.
18 A Yes, and the one that I recall was that we
19 discussed the allegations of the conflict of
20 interest that Ron Hudson had, and that we concluded 12:21:52
21 and voted with Ron Hudson recusing himself that
22 there was no conflict of interest.
23 Q Was that voted by unanimous vote?
24 A Yes, with Ron Hudson not voting.
25 Q Is it your personal view that there is no 12:22:24
Page 49
Veritext Legal Solutions 866 299-5127 1 conflict or apparent conflict when a person is
2 simultaneously urging the granting of a
3 discretionary approval before a government for
4 somebody with whom he's negotiated to sublease a
5 premises? 12:22:46
6 A Well, that, to me, is a vague hypothetical,
7 but if you want to ask -- if you're asking about
8 this specific situation with Ron Hudson, I did not
9 view it to be a conflict of interest and I did not
10 view any appearance of impropriety. 12:23:01
11 Q And why is that?
12 A Because he supported the Bel-Air Bar and
13 Grill in the past. He lives in the neighborhood. I
14 support it. There was a big dispute six years ago,
15 I believe. I was not involved. And the Bel-Air 12:23:19
16 Association, with Ron and Paulette, supported
17 largely, if not all, of what the owner wanted to do.
18 I have learned about that subsequently through
19 hearsay. And I viewed it as a consistent position
20 on his part and on the part of the Bel-Air 12:23:40
21 Association. And my main concern was did he pay
22 fair market rent for the space he was leasing, and
23 he just leased, and he said -- and I believed him,
24 still believe him, that he did, and that he was
25 represented by at least a real estate agent in that 12:24:06
Page 50
Veritext Legal Solutions 866 299-5127 1 transaction, and I was confident that it was an
2 arm's length transaction.
3 Q What appraisal did the BAA Board obtain to
4 conclude that Mr. Hudson paid fair market rent for
5 the property he leased from the Bel-Air Bar and 12:24:23
6 Grill in late 2015, early 2016?
7 A No appraisal was obtained.
8 Q What diligence was done, if any, other than
9 talking to Mr. Hudson himself, for the BAA Board to
10 conclude that Mr. Hudson paid fair market rent to 12:24:43
11 the Bel-Air Bar and Grill?
12 A It was based on -- almost everything was
13 based on Ron's representations to the Board.
14 Q Okay. Did the Board do anything other than
15 speak with the person who had the potential conflict 12:25:06
16 to determine whether or not there was a conflict?
17 A Well, the Board separately took action to
18 support the Bel-Air Bar and Grill previously.
19 Q Okay. But that was on a different matter;
20 right? 12:25:22
21 A No, that's on the matter where your client,
22 Fred Rosen, has been making a big deal about this
23 and alleging conflict of interest. The Board had
24 already approved or at least the committee with
25 authorization. There had already been authorization 12:25:42
Page 51
Veritext Legal Solutions 866 299-5127 1 on behalf of the Bel-Air Association to support the
2 application.
3 Q And that was based on Mr. Hudson's urging?
4 A No, that's not true.
5 Q What was it based on? 12:25:53
6 A Lots of people's urging, including the
7 applicant herself, Susan Disney Lord, her expeditor,
8 Renee Schillaci, and other members of the Land Use
9 Committee, in addition to myself.
10 Q Who else? 12:26:16
11 A I can't remember specifically, but I believe
12 Chris Hameetman.
13 Q Have you completed your answer?
14 A Yes.
15 Q To the best of your knowledge, when did Mr. 12:26:36
16 Hudson first begin speaking with the Bel-Air Bar and
17 Grill about possibly leasing the space there?
18 A Well, this is based on his hearsay to me. I
19 believe it was over a year ago.
20 Q To your knowledge, when did the BAA or its 12:26:54
21 Executive Committee first vote to support the
22 Bel-Air Bar and Grill's request for a permit or
23 permission to sell alcohol?
24 A The first permit or the recent renewal
25 permit? 12:27:18
Page 52
Veritext Legal Solutions 866 299-5127 1 Q Your renewal.
2 A That was around August or September of 2015.
3 Q Do you know whether that permit was granted?
4 A Yes.
5 Q Do you know when it was granted? 12:27:32
6 A I believe it was March 7th, and that's from
7 my recollection of receiving a copy of the Letter of
8 Determination from the Department of City Planning.
9 Q March 7, 2016?
10 A Yes. 12:27:47
11 Q And that was after Mr. Hudson had already
12 moved into the Bel-Air Bar and Grill?
13 A Yes.
14 Q You say that the permit that was granted on
15 March 7, 2016, for the Bel-Air Bar and Grill to sell 12:27:57
16 alcohol was a renewal of a previously granted
17 permit; did I get that right?
18 A Yes. And actually, to be more accurate, the
19 Planning Department calls it a, "Plan Approval."
20 Q When was it first approved initially? 12:28:16
21 A The original conditional use permit to
22 operate the restaurant and for off sales beer and
23 wine in the to-go portion of the restaurant that's
24 called, "The Shack," I remember seeing a Letter of
25 Determination from the City in January of 2011 that 12:28:39
Page 53
Veritext Legal Solutions 866 299-5127 1 granted that.
2 Q Were there any terms with respect to the 2016
3 renewal of the alcohol permit or approval that were
4 not in or that differed from the original 2011
5 approval? 12:29:12
6 A Yes.
7 Q Can you please describe those?
8 A I recall that there were four, and I don't
9 know if I'll remember them all. One was to allow
10 dining on the second floor patio that is open air 12:29:22
11 above Sepulveda Boulevard. The second was to allow
12 The Shack to operate and, therefore, sell beer and
13 wine off sale on the weekends, where it was
14 previously permitted only during the week. The
15 third change of condition that I recall is to -- was 12:29:52
16 to allow live music. And the fourth was to allow
17 the sale of wine with an alcohol content greater
18 than 16 percent. And I believe that's -- that's all
19 of the changes I believe are involved.
20 Q Okay. And I think I get this, but I want to 12:30:25
21 make sure, so indulge me.
22 A Sure.
23 Q You were very precise with that answer, so I
24 appreciate that, but I think what you were saying
25 that the four terms you identified were not in the 12:30:35
Page 54
Veritext Legal Solutions 866 299-5127 1 original 2011 approval, but were in the 2016
2 renewal; is that correct?
3 A They were in the 2016 renewal or plan
4 approval, both the application and what the City
5 granted on March 7th, 2016, I believe is the date, 12:30:54
6 but it was the 2016 Letter of Determination from the
7 City approving that plan approval.
8 Q But those four items were not in the original
9 2011 approval; correct?
10 A That's correct. 12:31:09
11 Q So these were new terms or conditions?
12 A New or altered.
13 Q Right.
14 A But I think it's fair to say they were new.
15 Q Now, having taken many dozens of depositions, 12:31:28
16 you know how depositions work. You ask a question,
17 you get an answer.
18 A Yes.
19 Q And that takes you on a whole thing.
20 A I'm well familiar with that. 12:31:41
21 Q And you go back to where you started so --
22 A Correct.
23 Q -- so you know that as well as anybody.
24 So where we started with what turned into
25 this beer and wine thing, I think it was your 12:31:52
Page 55
Veritext Legal Solutions 866 299-5127 1 testimony that you had a Board meeting on March 30
2 of 2016; right?
3 A I don't remember if that's where we started,
4 but I definitely said that, and I'll reaffirm we had
5 a Board meeting on March 30, 2016, I do remember 12:32:06
6 that specific date.
7 Q Did have you any Board meetings after March
8 30, 2016?
9 A I don't believe so.
10 Q Did you have any Board meetings between the 12:32:19
11 March 17, 2016 special meeting held at the Bel-Air
12 Country Club and the first of the two Board
13 meetings, realizing that the first might also have
14 been an Executive Committee meeting that you just
15 described? 12:32:44
16 A I don't recall more than one Board meeting
17 between March 17 and March 30, 2016.
18 Q Okay. Well, you had the March 30 one that
19 you just described; right?
20 A Correct. 12:32:59
21 Q And you had the other one, which you think it
22 was a Board meeting, but it might have been an
23 executive Committee meeting that authorized the
24 filing of the BAA and Hudson lawsuit; correct?
25 A Correct. 12:33:11
Page 56
Veritext Legal Solutions 866 299-5127 1 Q Okay. Now, before March 17, 2016, what was
2 the most recent Board meeting that was held?
3 A I'm sorry, before which date?
4 Q March 17, 2016.
5 A I have to think here. 12:33:26
6 Q You're allowed to do that. You're encouraged
7 to do that.
8 A It was, I believe, the end of February or
9 beginning of March.
10 Q Did you take minutes for that meeting? 12:33:52
11 A Yes.
12 Q Are they still in note form or are they in
13 final form?
14 A I don't recall.
15 Q I -- 12:34:01
16 A I believe they are formally -- I formally
17 typed them, but I don't recall. They could still be
18 in note form.
19 Q What was discussed at that meeting?
20 A The acceptance of new member applications 12:34:12
21 that had been received by whatever the last deadline
22 was in that Protective Order we worked out with
23 Judge Karlan in the Hobbs lawsuit.
24 Q Were any new member applications rejected?
25 A No. 12:34:36
Page 57
Veritext Legal Solutions 866 299-5127 1 Q Were all of them granted?
2 A All of them were accepted and approved, or
3 whatever the language is in the bylaws.
4 Q What was the most recent BAA Board meeting
5 before that one? 12:34:49
6 A That was earlier in February, and I don't
7 recall the date offhand.
8 Q Wasn't that on or about February 1 to approve
9 an earlier tranche of applications?
10 A I believe that's correct, if that was the 12:35:08
11 earlier deadline that we were first operating under
12 from Judge Karlan, I believe that's correct,
13 February 1 does sound correct.
14 Q Were minutes kept of that meeting?
15 A Yes. 12:35:21
16 Q And are they in final form or still in note
17 form?
18 A They are in final form.
19 Q Were those voted on by the members to
20 approve? 12:35:30
21 A By the Board members at the subsequent
22 February Board meeting, I believe.
23 Q Why was that done?
24 A It was a typical or is a typical agenda item
25 to put the minutes on the agenda for approval -- 12:35:48
Page 58
Veritext Legal Solutions 866 299-5127 1 Q I see.
2 A -- and distribution at the meeting and then
3 approval at the subsequent Board meeting.
4 Q Since March 17, 2016, has the BAA Board that
5 you claim to still be on met with any governmental 12:36:08
6 officials?
7 A Has the Board of Directors, is that your
8 question?
9 Q Yes.
10 A I don't believe the Board of Directors has. 12:36:21
11 Q Have any of the members of the Board of
12 Directors or its officers?
13 A I have, but not on behalf the Board Bel-Air
14 Association.
15 Q Okay. 12:36:34
16 A And if you're asking if I have on behalf of
17 the Bel-Air Association, I'd like a minute to try to
18 recall.
19 Q Sure.
20 A I believe the answer is no. 12:36:45
21 Q You always get as much time as you want.
22 A Thank you. I just want to let you know that
23 I'm not quite done with my answer. I need to think
24 for a minute.
25 Q And that's fine. And, by the way, I'll just 12:36:56
Page 59
Veritext Legal Solutions 866 299-5127 1 add as a parenthetical, you know this game but
2 sometimes people take their time to get beyond their
3 seven hours. This isn't going to go seven hours.
4 I'm not suggesting that you would, but I'm just --
5 you don't need to play that game. But anyway, that 12:37:12
6 aside, did you meet, and take as much time as you
7 need to answer, did you meet with any governmental
8 officials on behalf the BAA or with anybody, other
9 than your lawyer, on behalf the BAA since March 17,
10 2016? 12:37:28
11 A I do not believe so. I recall meeting with a
12 Planning Department employee about another project
13 in my neighborhood, and I was -- I held that meeting
14 on my own, not as a part of the Bel-Air Association.
15 Q What was the purpose of that meeting? 12:37:47
16 A To review the file to see what the status was
17 of the project.
18 Q Why were you interested?
19 A Because I had been interested in the project
20 since it was filed on December 31, 2014. 12:37:59
21 Q It was just a personal matter that involved
22 your home?
23 A No, it's -- it's my -- it involves my
24 neighborhood.
25 Q Okay. So you were interested in that as a 12:38:08
Page 60
Veritext Legal Solutions 866 299-5127 1 homeowner?
2 A Correct.
3 Q To your knowledge, have any of the BAA people
4 who you claim to be Officers and Directors met with
5 any government officials on any BAA business since 12:38:26
6 March 17, 2016?
7 A Not to my knowledge.
8 Q How about with any homeowners or homeowners
9 groups, such as individual homeowners?
10 A I'm trying to recall the timing of one 12:38:45
11 potential instance. I can only think of one
12 potential instance is there was a meeting that I did
13 not attend between members, again of my
14 neighborhood, which is Western Bel-Air, close to
15 Sepulveda, the 405 freeway, and Moraga Drive. 12:39:09
16 Q Is that the one you were upset with Paulette
17 for not telling you about?
18 A Yes, that is, indeed, the one.
19 Q Involving the homeless people and the fencing
20 for the 405 project? 12:39:27
21 A Correct.
22 Q Okay.
23 A And I believe that meeting -- I believe that
24 meeting occurred before March 17th, and that there
25 was a subsequent one that was scheduled and then 12:39:37
Page 61
Veritext Legal Solutions 866 299-5127 1 cancelled.
2 Q Why were you upset with Ms. DuBey?
3 A I -- if you have the e-mail, I would have to
4 look at my e-mail to remember specifically, but I
5 think I remember pretty well, that I was very 12:39:53
6 irritated that she would not have informed me of an
7 issue going on with neighbors whom I have worked
8 with and who are on my personal neighborhood e-mail
9 list about an issue in my neighborhood that would
10 also concern me. 12:40:12
11 Q And why was the proposed meeting on that same
12 issue that was to have occurred after March 17, 2016
13 cancelled?
14 A Because Ron and I were in Court on Ron's
15 lawsuit. A hearing had been scheduled and we 12:40:27
16 weren't going to be able to make it back in time.
17 Q Why didn't you schedule it for a time when
18 you weren't in Court?
19 A We tried to reschedule it, and if I recall it
20 was our ex-parte TRO getting continued a day by the 12:40:46
21 reassignment when Judge Karlan didn't take the case.
22 So it was a last minute scheduling change. So we
23 only knew about the Court appearance 24 hours in
24 advance, I believe, or something, some sort notice.
25 Q So your meeting had been scheduled for 12:41:07
Page 62
Veritext Legal Solutions 866 299-5127 1 March 24th, you're saying?
2 A That may have been the date. That sounds
3 right.
4 Q Since March 17, 2016, has the BAA Board that
5 you claim to be on, or any of its Officers or 12:41:23
6 Directors, proposed any ordinances or legislation?
7 A As a Board?
8 Q Yes.
9 A I believe the answer is no.
10 Q Why did you ask that question? Do you mean 12:41:48
11 to distinguish the Board from individuals on the
12 Board?
13 A Yes, and specifically as myself as an
14 individual.
15 Q Anybody other than yourself? 12:41:59
16 A Not that I'm aware of.
17 Q Okay. What have you done?
18 A I don't believe -- I don't think I've done
19 anything.
20 Q Okay. 12:42:11
21 A As far as an ordinance or -- I forget what
22 the other term was that you used.
23 Q Law or ordinance, statute, regulation,
24 anything of that sort.
25 A Not that I'm aware of, and I -- I have -- I'm 12:42:22
Page 63
Veritext Legal Solutions 866 299-5127 1 speaking both for the Board, I'm not aware of that,
2 and myself as an individual, I'm -- I don't believe
3 so.
4 Q Okay.
5 A I'm just trying to remember if I've provided 12:42:33
6 comments and planning on proposed legislation, like
7 the BHO, within that time frame. I know I have
8 previously as an individual.
9 Q How about within that time frame?
10 A I don't believe so. 12:42:47
11 Q Okay. Do you personally have any Bel-Air
12 Association property in your possession or under
13 your control?
14 A No.
15 Q Have you at any time from and after March 18, 12:42:57
16 2016?
17 A Have I what?
18 Q Had any BAA property in your possession or
19 under your control?
20 A No. 12:43:13
21 Q Do you know of any BAA Board members who have
22 had any BAA property in their possession or custody
23 or control since March 18, 2016?
24 A Well, custody or control would include the
25 office, but you said -- sorry -- you said since 12:43:42
Page 64
Veritext Legal Solutions 866 299-5127 1 March 18th, so the answer is no.
2 Q Okay. When were you last in the BAA office?
3 A March 17th, 2016.
4 Q At what time?
5 A Late afternoon, early evening. I believe it 12:43:57
6 was actually a little earlier than that. I believe
7 it was around 3:00 or 4:00 p.m. I left.
8 Q Why were you there at that time?
9 A I was there performing duties as a Director,
10 Secretary, and General Counsel for the corporation, 12:44:22
11 the Bel-Air Association.
12 Q What duties were you performing?
13 A I don't remember specifically on that day.
14 Q Were any documents at the BAA -- and, by the
15 way, when you say at the BAA office, you're 12:44:41
16 referring to the office at 100 Bel-Air Road;
17 correct?
18 A Correct, 100 Bel-Air Road.
19 Q That's the only office that the BAA has ever
20 had, as far as you know; correct? 12:44:54
21 A As far as I know, that's correct.
22 Q And when you were at the BAA's office the
23 afternoon of March 17, 2017, did you notice any
24 files or documents or materials or equipment missing
25 that had been there earlier? 12:45:07
Page 65
Veritext Legal Solutions 866 299-5127 1 A No.
2 Q Were Board minutes there at that time?
3 A Not in hard copy form, except maybe Paulette
4 had them in hard copy, but I don't believe in hard
5 copy. 12:45:27
6 Q Where were the hard copies kept?
7 A By Paulette on her employee -- what I believe
8 is her employee laptop computer.
9 Q That's electronic. I said hard copy.
10 A Oh, I'm sorry. I don't know. I don't know 12:45:42
11 of any hard copy documents in that office, except
12 for what was in the one lower cabinet against the
13 window that had old minutes going back to the '60s
14 and maybe before around that time.
15 Q Okay. So putting aside Board minutes that 12:46:04
16 may have been kept from when Lyndon Johnson was
17 President --
18 A Okay.
19 Q -- or John F Kennedy, to your knowledge did
20 the BAA in the last few years keep hard copies of 12:46:16
21 any Board minutes or resolutions?
22 A To my knowledge, no.
23 Q They were all kept electronically?
24 A To my knowledge, yes.
25 Q And who was the custodian of that? You 12:46:28
Page 66
Veritext Legal Solutions 866 299-5127 1 mentioned Paulette, was she --
2 A Paulette.
3 Q Paulette DuBey?
4 A Yes.
5 Q Okay. Did you also keep any of them? 12:46:36
6 A I kept those that I created.
7 Q Right, because you testified you created
8 them.
9 A Correct.
10 Q So after you created them you gave them to 12:46:47
11 Paulette, but you also kept copies of what you
12 created?
13 A Correct.
14 Q And you have those to this day?
15 A I believe so, yes. 12:46:58
16 Q Going how far back?
17 A Going back to when I -- shortly after I
18 became Secretary of the Association.
19 Q When was that?
20 A That was sometime around September, October 12:47:15
21 of 2015.
22 Q And you still have those?
23 A I still have whatever minutes I created after
24 I became Secretary.
25 Q And would you also have -- strike that. 12:47:37
Page 67
Veritext Legal Solutions 866 299-5127 1 Did you also -- did you create the agendas
2 for the meeting?
3 A After I became Secretary, initially Paulette
4 prepared the agenda and I went over it with her and
5 made corrections, and then subsequently, around the 12:47:56
6 beginning of 2016 I created the agendas, as well,
7 myself.
8 Q And you still have those?
9 A I have all agendas that I created, yes.
10 Q Do you have any agenda or agendas or meetings 12:48:10
11 that you did not create?
12 A I may.
13 Q Which ones?
14 A I don't know.
15 Q Can you look at Exhibit 8, please? 12:48:19
16 MR. WOOG: Can we take a five-minute break to
17 use the restroom?
18 MR. WOLPERT: After this, sure.
19 MR. WOOG: Okay.
20 (Exhibit 8 was previously marked for 12:49:19
21 identification by the Court Reporter and
22 attached hereto.)
23 BY MR. WOLPERT:
24 Q And, as always, you're welcome to look at it
25 for as long as you need, but my question is going to 12:49:24
Page 68
Veritext Legal Solutions 866 299-5127 1 be simply what role, if any, did you play in the
2 creation and posting of this?
3 A I edited and revised this from a draft, and I
4 believe I posted it right after, simultaneously
5 with, or just after Chris Hameetman had posted it on 12:49:56
6 our blog.
7 Q Why does it say that it's written by Ron
8 Hudson, but under that it says, "Bruce Kuyper at
9 4:00 p.m."? Is that because you and Mr. Hudson
10 jointly wrote it or he wrote it, you edited it, and 12:50:11
11 you posted it?
12 A Well, there are really two different
13 questions.
14 Q There are. I'm trying to save time.
15 A I'm not going to object as compound. I'll 12:50:20
16 just answer both.
17 Ron's name is on here because he contributed
18 to the writing and approved it before it was posted
19 on the blog. And as to the second question, my name
20 appears underneath at 4:00 p.m., I believe that's 12:50:37
21 because I'm one of two people, Chris Hameetman being
22 the other, who have access to the blog to post, make
23 postings on the blog.
24 Q I see.
25 A And I believe I was the second or only person 12:50:52
Page 69
Veritext Legal Solutions 866 299-5127 1 to post on the blog probably at 4:00 p.m. on that
2 day.
3 Q I see. Well, your lawyer wanted to take a
4 break, so why don't we do that. By the way, for
5 future reference, I mean I just have an iron bottom, 12:51:03
6 so I can go on and on and on, but obviously any time
7 anybody wants to take a break, just let us know,
8 otherwise I would just be sitting here until the
9 tape runs out.
10 VIDEO OPERATOR: We're going off the record 12:51:19
11 now. The time is 12:51 p.m.
12 (Lunch Recess.)
13 VIDEO OPERATOR: We are now going back on the
14 record. The time is 1:44 p.m.
15 MR. WOLPERT: On the record? 01:44:19
16 VIDEO OPERATOR: Yes.
17 BY MR. WOLPERT:
18 Q Mr. Kuyper, I wanted to make sure that your
19 testimony is clear, because I think you may have
20 testified on something inaccurately, so do you have 01:44:32
21 Exhibit 50 in front of you?
22 A I do now.
23 Q Okay. I'd like to show you another document,
24 which is marked as Exhibit 53.
25 (Exhibit 53 was marked for 01:44:52
Page 70
Veritext Legal Solutions 866 299-5127 1 identification by the Court Reporter and
2 attached hereto.)
3 BY MR. WOLPERT:
4 Q I think I want to get your testimony, but I
5 think Exhibit 53 is the one that was sent out to the 01:44:58
6 BAA members before the March 17, 2016 meeting that
7 you received, rather than Exhibit 50. They look
8 similar. There are differences, as well, but I want
9 to make sure I get your correct testimony, and see
10 if it's Exhibit 53 that was sent out? 01:45:18
11 A Okay. But as I recall testifying, the record
12 is what it is, but I recall testifying it looked
13 similar to what I recall as a proxy that came in
14 both the second and third mailings from this group
15 of BAA members that held their March 17, 2016 01:45:38
16 meeting.
17 Q Right. And I just want to make sure whether
18 it's Exhibit 50 that you're referring to or Exhibit
19 53. I suspect it's 53, but I want to get your
20 testimony on that. 01:45:53
21 A Yeah. Yeah, so 50 looks like it, but as I
22 see 53, it's got the proxy information, which --
23 Q Right.
24 A -- 50 doesn't have --
25 Q Exactly. 01:46:04
Page 71
Veritext Legal Solutions 866 299-5127 1 A -- so 50, I must not have seen ever before,
2 Exhibit 50, because it doesn't have the proxy
3 information.
4 Q Right. So it's actually 53 that you received
5 in the mail, right, that was sent out? 01:46:13
6 A It looks what I recall receiving in the mail.
7 Q Yes, okay, thanks. I just wanted to clear
8 that up.
9 A Again, to clarify, it didn't come with the
10 first mailing. I recall three mailings, and it came 01:46:24
11 with either or both of the second or third mailings.
12 Q Right.
13 MR. WOOG: If you look at the heading, 50,
14 the style is a ballot, not a proxy.
15 MR. WOLPERT: Correct. 01:46:36
16 THE WITNESS: Right. I did not notice that
17 before. Correct.
18 BY MR. WOLPERT:
19 Q Okay. Thank you. I just wanted to clear
20 that up. 01:47:01
21 So moving on. Now, there is no question that
22 Dan Love was a BAA member at all points in 2016,
23 through March 17 of 2016; is that correct?
24 A Not in my mind, but maybe in others' minds.
25 Q But in your mind he was a member; correct? 01:47:21
Page 72
Veritext Legal Solutions 866 299-5127 1 A In my mind he was. He had sent in a check in
2 2015, and it got misplaced by others, not my
3 responsibility, so I viewed him as a member in 2015.
4 Q And Mr. Love had nothing to do with BAA
5 misplacing it; right? 01:47:39
6 A No; correct.
7 Q And the same is true for Marcia Hobbs, that
8 at all points in 2016 she has been a BAA member;
9 correct?
10 A I believe that's correct. 01:47:51
11 Q And the same with Maureen Levinson?
12 A I think Maureen -- I believe that's the case.
13 It's the same situation as Dan Love. I believe she
14 sent a check in with an application in 2015, and the
15 check had been misplaced by others, other than 01:48:10
16 anybody I'm responsible for, and not myself, and it
17 never got cashed, but my view was she was a member.
18 And, in fact, I recall Dan and Maureen and Marcia
19 all receiving notice mailed out in December for the
20 January '16 -- the January 2016 meeting we were 01:48:36
21 going to have.
22 Q Now, when you say that Ms. Levinson's check
23 and Mr. Love's were misplaced, you had meant they
24 were misplaced by BAA personnel --
25 A Either by -- 01:48:53
Page 73
Veritext Legal Solutions 866 299-5127 1 Q -- or vendors of BAA?
2 A Correct.
3 Q Okay.
4 A Yes, so either Paulette or a vendor to the
5 BAA. 01:49:06
6 Q Right. Such as a bookkeeper?
7 A Such as a bookkeeper, yeah.
8 Q And as with Mr. Love and Ms. Hobbs and
9 Ms. Levinson, it's true, isn't it, that at all
10 points in 2016 Jamie Meyer was a member of the BAA? 01:49:21
11 A I don't believe that's true. I don't recall.
12 I'm sorry, can I hear the question back again?
13 Q Has Jamie Meyer been a BAA member throughout
14 2016?
15 A I don't believe so. 01:49:58
16 Q When was she not a member in 2016?
17 A I believe she sent her check in with the
18 tranche of membership applications on February 1st,
19 so she wouldn't have been a member until her
20 application was accepted and approved, or whatever 01:50:12
21 the language is in the bylaws.
22 Q Which was on February 1?
23 A No, it was after February 1. She submitted
24 it on February 1, I believe. I'm going from memory.
25 I don't have the documents. 01:50:28
Page 74
Veritext Legal Solutions 866 299-5127 1 Q Okay.
2 A And I know we had scheduled a Board meeting
3 for February 1 to go over the applications. We did
4 not expect, nor were we given notice, but, whatever,
5 we received them at 4:00 p.m., and there were 01:50:42
6 approximately 60 to 70 new applications, so the
7 Board was logistically unable to consider them all
8 that evening.
9 Q Is there some notice requirement that you
10 need to give a notice that you're going to turn in 01:50:57
11 an membership for the BAA?
12 A Not that I'm aware of.
13 Q Okay. So, based on your memory, since what
14 point has Jamie Meyer been a BAA member?
15 A Since the Board meeting where she was 01:51:14
16 approved and accepted as a member, or whatever the
17 language is in the bylaws, the Board meeting
18 subsequent to February 1, where she and the others
19 were considered.
20 Q So when was that Board meeting held? 01:51:36
21 A I don't remember. It was sometime after
22 February 1, within a couple of weeks after that.
23 Q I see. Okay. So sometime in February?
24 A Sometime in February, but not on the 1st, and
25 not that week, I'm pretty sure. 01:51:48
Page 75
Veritext Legal Solutions 866 299-5127 1 Q Can you look at Exhibit 11?
2 (Exhibit 11 was previously marked for
3 identification by the Court Reporter and
4 attached hereto.)
5 BY MR. WOLPERT: 01:52:30
6 Q And my question to you, at least initially,
7 is simply whether you received this on or about the
8 February 12, 2016 date that it bears?
9 A Yes.
10 Q This asks for a special meeting on February 01:52:39
11 25, but the BAA did not agree to that; is that
12 correct?
13 A Well, it's not a matter of agreement or not
14 agreement. The Bel-Air Association did not schedule
15 it on that day. 01:53:03
16 Q Right. Can you look at Exhibit 12?
17 (Exhibit 12 was previously marked for
18 identification by the Court Reporter and
19 attached hereto.)
20 THE WITNESS: And in my last answer when I 01:53:18
21 say the BAA, I meant to refer to the Board of the
22 Bel-Air Association.
23 BY MR. WOLPERT:
24 Q Okay. Did you play a role in the creation of
25 Exhibit 12, the February 22, 2016 Annual Meeting 01:53:31
Page 76
Veritext Legal Solutions 866 299-5127 1 Nominations document?
2 A Yes.
3 Q What role was that that you played?
4 A I was the initial and principal drafter.
5 Q Why was it signed by Ron Hudson instead of 01:53:48
6 you?
7 A Because he's the President and he approved it
8 and had reviewed it before he approved it.
9 Q Can you please look at Exhibit 13, and I'll
10 ask if you this is an e-mail that you sent out on 01:54:22
11 February 24, 2016?
12 (Exhibit 13 was previously marked for
13 identification by the Court Reporter and
14 attached hereto.)
15 THE WITNESS: Yes, the top half of page 1, 01:54:43
16 that's my e-mail.
17 BY MR. WOLPERT:
18 Q Yes, yes, correct, not -- and obviously not
19 the one from Dan Love, you're responding to that;
20 correct? 01:55:03
21 A Correct.
22 Q Now, in the top part that you sent out, just
23 the text of it, it's maybe quarter of a page or a
24 fifth of a page, or something like that, you'll see
25 that you used the term "reasonable" or 01:55:13
Page 77
Veritext Legal Solutions 866 299-5127 1 "unreasonable" almost half a dozen separate times.
2 Do you see that?
3 A I'm sorry, which paragraph?
4 Q The -- the three substantive paragraphs.
5 A Oh, yes. 01:55:28
6 Q Okay. Who was to determine reasonableness or
7 unreasonableness?
8 A The Officers of the Bel-Air Association.
9 Q Collectively?
10 A Or individually, depends on whose role it 01:55:43
11 was.
12 Q Whose role was it?
13 A For this particular request --
14 Q Yes.
15 A -- for a document? A corporate document 01:55:54
16 would be probably mine as the Secretary.
17 Q How about if the request was to have a
18 special meeting?
19 A I don't understand your question. Who would
20 determine the reasonableness of that? 01:56:10
21 Q Right.
22 A I would as Secretary and General Counsel.
23 Q So your opinion is you had sole authority to
24 determine that?
25 A No, in consultation with the other Officers 01:56:23
Page 78
Veritext Legal Solutions 866 299-5127 1 of the corporation to whom the Corporations Code
2 requires notice be -- or that the request be made.
3 Q And what do you understand that requirement
4 to be?
5 A That you make a request to an Officer of the 01:56:38
6 corporation.
7 Q But is the word "reasonableness" used in the
8 Corporations Code, to your understanding?
9 A I don't believe in that provision it is, no.
10 Q So you've added it here, as I say, you have 01:56:54
11 almost a half a dozen times you have the word
12 "reasonable" or "unreasonable" in this inch or two
13 inch text of yours, and so my question is if the
14 request to the organization is to hold a special
15 members meeting, is it your testimony that you would 01:57:13
16 have plenary authority, sole discretion to determine
17 the reasonableness or unreasonableness of the
18 request?
19 A In the sense that the Corporations Code
20 requires its special meetings be set by the Board of 01:57:29
21 Directors and not be set any earlier than 35 days,
22 yeah, I would view that as unreasonable.
23 Q I would object and move to strike that.
24 But my question is simply this: Is it your
25 view that you would have, you, Bruce Kuyper, would 01:57:49
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Veritext Legal Solutions 866 299-5127 1 have the sole authority to determine if a request
2 was reasonable or unreasonable?
3 A In that legal sense that I just answered, I
4 believe that I would have that sole authority.
5 Q So you don't believe that you would have to 01:58:14
6 consult with others on the Board?
7 A I don't believe that I would have to, but I
8 did.
9 Q Do you believe that the Board would have to
10 vote on the determination of whether a request is 01:58:18
11 reasonable or unreasonable if it decided to reject
12 that request as unreasonable?
13 A In the context of -- you're asking a
14 hypothetical, in my view, but in this -- if -- if
15 the Board thought -- decided to reject this request 01:58:39
16 as unreasonable, that -- that would be a Board
17 decision.
18 Q I see. The Board to have to vote on it?
19 A Yes.
20 Q Okay. When did you become General Counsel of 01:58:49
21 the BAA?
22 A I formally received that title in late 2015,
23 sometime at a Board meeting.
24 Q And did the Board vote to make you General
25 Counsel? 01:59:16
Page 80
Veritext Legal Solutions 866 299-5127 1 A Actually, it could have been early 2016,
2 sorry. Yes, the Board voted to create the position
3 and to appoint me to that position, that Officer
4 position.
5 Q And is that reflected in the minutes? 01:59:27
6 A Yes.
7 Q Okay. Can you look at Exhibit 14?
8 (Exhibit 14 was previously marked for
9 identification by the Court Reporter and
10 attached hereto.) 02:00:17
11 THE WITNESS: I have it.
12 BY MR. WOLPERT:
13 Q Now, did you receive this on or about May --
14 pardon me -- on or about March 3, 2016? Now, note
15 that it was not directed to you, but my question is 02:00:26
16 did you receive it from either Ms. DuBey and/or
17 Mr. Hudson on or about March 3, 2016?
18 A I believe that I did, but I believe I first
19 received it perhaps by e-mail from Maureen Levinson
20 and she copied me on an e-mail addressed to Paulette 02:00:50
21 or to Ron, so that may have been -- I don't recall.
22 I would have to look at my e-mails.
23 Q One way or the other, you got it on or about
24 this date?
25 A Correct. 02:01:09
Page 81
Veritext Legal Solutions 866 299-5127 1 Q And it asks that the notice be sent out to
2 BAA members, but -- by the BAA -- but the BAA did
3 not do that; correct?
4 A Correct.
5 Q And is it correct that to this day the BAA 02:01:24
6 has not set a meeting, a special meeting, as
7 requested in this letter, for any of the three items
8 set forth in the attachment to Exhibit 14?
9 A Well, I have a problem with your question,
10 because it doesn't request that the BAA Board set a 02:02:00
11 special meeting.
12 Q My question was different. My question was
13 whether the BAA has, to this day, set a special
14 meeting as to any of the items on the attachment to
15 Exhibit 14? 02:02:20
16 A Your premise to the question described this
17 document, and I disagree with that, as I stated in
18 my answer --
19 Q Okay.
20 A -- so if you want -- 02:02:29
21 Q I'll ask a different question.
22 A Thank you.
23 Q Do you see the attachment to Exhibit 14?
24 A Yes.
25 Q Do you see three items identified in that 02:02:35
Page 82
Veritext Legal Solutions 866 299-5127 1 attachment?
2 A Yes.
3 Q Has the BAA ever set a meeting for the
4 members to vote on any of those three items?
5 A Well No. 2 is not an item for vote for, in my 02:02:56
6 view, but the answer is no.
7 Q Okay. And certainly it hasn't set a meeting
8 to vote on the first item, a vote to amend the
9 bylaws; correct?
10 A Correct. And, actually, just to be clear, 02:03:29
11 I'm sorry, No. 3 is an election of nine members to
12 serve as Directors. The Bel-Air Association had
13 scheduled a regular annual meeting to vote, had and
14 has scheduled a meeting to vote for nine of its 25
15 Directors. 02:04:04
16 Q Is that what was set forth in Exhibit 15?
17 (Exhibit 15 was previously marked for
18 identification by the Court Reporter and
19 attached hereto.)
20 THE WITNESS: That was one of the notices. 02:04:25
21 It was not the first or the last.
22 BY MR. WOLPERT:
23 Q Has the BAA sent out a -- well, strike that.
24 The BAA never held the April 13, 2016 meeting
25 referenced in Exhibit 15; is that correct? 02:04:47
Page 83
Veritext Legal Solutions 866 299-5127 1 A That's correct.
2 Q Has the BAA sent out a meeting notice since
3 this March 3, 2016 notice?
4 A Yes.
5 Q When did it send that out? 02:04:58
6 A Sometime in late March or earlier this month.
7 Q And to whom did it send the notice?
8 A To the members of the Bel-Air Association.
9 Q For a meeting on what date?
10 A I believe it was May 11th. If not May 11th 02:05:21
11 exactly, around that time.
12 Q For what location?
13 A For the John Thomas Die School, and --
14 Q Do you --
15 I'm sorry. 02:05:42
16 A I'm sorry. I want to clarify my prior
17 question -- answer. It was definitely May 11th,
18 because I see that's -- in Exhibit 15 it describes
19 the special meeting that was required -- requested
20 by Dan Love, Jamie Meyer, Maureen, and others, on 02:05:56
21 February 12th, that that had been set for May 11th.
22 Q That's why I was confused by your answer,
23 because you said that that was done in a later
24 mailing, later than Exhibit 15. Is that the case?
25 A Yes, there was a later mailing later than 02:06:18
Page 84
Veritext Legal Solutions 866 299-5127 1 Exhibit 15 where the annual meeting of members was
2 postponed until the May 11th meeting. That had
3 already been set as a special meeting.
4 Q Are you planning on holding that meeting?
5 A I can't speak for the Board. That needs to 02:06:42
6 be discussed amongst the Executive Committee, but
7 right now is it scheduled to be held.
8 Q So your testimony is that, as we sit here
9 today, you and the other members who you consider to
10 be Board members or Officers of the Bel-Air 02:06:58
11 Association are planning on having a meeting of the
12 members on May 11, 2016?
13 A That's correct.
14 Q Okay. And, as we sit here today, it's your
15 intent to proceed with that meeting? 02:07:15
16 A My personal intent?
17 Q Yes.
18 A My personal intent is to discuss with others
19 whether that should be postponed because of this
20 litigation and the delays in litigation. 02:07:30
21 Q But so far it has not been postponed?
22 A So far it has not been postponed.
23 Q Is that meeting occurring because of the
24 request that was made by Marcia Hobbs and several
25 other BAA members, or for a separate reason? 02:07:49
Page 85
Veritext Legal Solutions 866 299-5127 1 A A separate reason.
2 Q And what's that separate reason?
3 A The litigation, the takeover of our offices,
4 the stealing of our bank account funds, the
5 disruption that your clients have caused. 02:08:13
6 Q So, as we sit here today, rather than allow
7 the lawsuit that you filed and that is pending
8 before Judge Cole to proceed to completion with
9 whatever determination Judge Cole makes, the Board
10 has instead planned to have a meeting before Judge 02:08:36
11 Cole rules on the matter; is that your testimony?
12 A No.
13 Q So there will be no May 11 meeting then, is
14 that your testimony?
15 A No. 02:08:54
16 Q Well, it's got to be one or the other; right?
17 A No.
18 Q Are you aware that you have a lawsuit before
19 Judge Cole?
20 A Yes. 02:09:04
21 Q Are you aware that Judge Cole has set a
22 briefing in the hearing schedule in that lawsuit?
23 A As of 24 hours ago, yes.
24 Q Is it currently the BAA's position that it
25 will have or purport to hold a meeting before Judge 02:09:24
Page 86
Veritext Legal Solutions 866 299-5127 1 Cole rules on your lawsuit?
2 MR. WOOG: If you know.
3 THE WITNESS: Yeah, I don't know what the
4 BAA's intent is. I told you that the meeting was
5 scheduled before Judge Cole set the schedule 02:09:40
6 yesterday. There has been no discussion, that I'm
7 aware, of since.
8 MR. WOLPERT: Well, this isn't for you, Mr.
9 Kuyper, but for Counsel. Obviously if the intent of
10 the Plaintiff is to not seek the relief sought in 02:10:02
11 the lawsuit, and to instead have a meeting before
12 Judge Cole decides on what the lawsuit seeks to ever
13 decide, we would like to know one way or the other
14 so we can take appropriate action.
15 MR. WOOG: All he's saying, we were in Court 02:10:20
16 until almost 10:30 or 11:00 yesterday, and we were
17 here in deposition all day, and he hasn't -- we got
18 the briefing schedule yesterday. They are going to
19 discuss it. I have no idea what they are going to
20 discuss. 02:10:34
21 MR. WOLPERT: But the lawsuit was filed
22 almost a month ago seeking the relief.
23 MR. WOOG: We didn't anticipate that we would
24 be scheduling the hearing out as far as we did, so
25 they are going to address it. We don't know the 02:10:47
Page 87
Veritext Legal Solutions 866 299-5127 1 answer yet.
2 THE WITNESS: Originally we had a hearing
3 before judge O'Brien on April 15th, and she was
4 going to decide this.
5 MR. WOLPERT: That's because you filed it in 02:10:56
6 the wrong Court.
7 THE WITNESS: No, we filed it in the correct
8 Court.
9 MR. WOOG: We could probably sit here all day
10 and talk about these things. Maybe we should stick 02:11:05
11 to what we're here to talk about.
12 MR. WOLPERT: Yes, we should.
13 Q When did the BAA hold its last meeting of
14 members?
15 A I believe it was June 30th of 2015. 02:11:27
16 Q And when was the most recent election before
17 that election of Directors at -- at the BAA's
18 meeting of members?
19 A I'm sorry, I don't understand your question.
20 Q You testified that the BAA had its annual 02:11:48
21 meeting of the membership on June 30, 2015; correct?
22 A Correct.
23 Q When was the time before that, most recently
24 before that when it had such an annual meeting?
25 A I do not know. 02:12:06
Page 88
Veritext Legal Solutions 866 299-5127 1 Q Do you have any estimate?
2 A No.
3 Q When did you first join the BAA?
4 A August of 1999.
5 Q Is it correct that the BAA held no annual 02:12:18
6 membership meeting in 2014?
7 A I recall attending my first annual meeting in
8 December, I believe it was the 17th, of 2014.
9 Q But there was no such meeting because there
10 was no quorum; correct? 02:12:41
11 A It was a meeting of members. There was no
12 quorum, so no election took place; that's my
13 understanding. I was not on the Board at that time.
14 Q So fewer than a hundred people were there?
15 A Fewer than a hundred memberships were there. 02:12:57
16 Q Do you know the last time that a hundred or
17 more memberships were present at an annual meeting?
18 COURT REPORTER: Sorry.
19 THE WITNESS: His microphone fell in their
20 ear phones; that's the problem. 02:13:25
21 MR. WOLPERT: Can you please reread the
22 question?
23 (Record read as follows:
24 "Do you know the last time that a hundred
25 or more memberships were present at an annual 02:13:05
Page 89
Veritext Legal Solutions 866 299-5127 1 meeting?")
2 THE WITNESS: No, I do not.
3 BY MR. WOLPERT:
4 Q Is it fair to say that it was sometime in or
5 before 2013? 02:13:44
6 A I do not know.
7 Q Well, there was none in 2014; correct?
8 A I do not know.
9 Q And you have no estimate?
10 A No, I have no estimate. 02:13:57
11 Q Can you please take three exhibits and put
12 them before you, those three exhibits are Exhibits
13 22, 27, and 37.
14 (Exhibit 22, Exhibit 27 and Exhibit 37
15 were previously marked for identification by 02:15:09
16 the Court Reporter and attached hereto.)
17 THE WITNESS: Okay. I have Exhibits 22, 27,
18 and 37.
19 BY MR. WOLPERT:
20 Q Great. Thank you very much. 02:16:03
21 Looking at Exhibit 27, do you know when that
22 was sent out?
23 A No, I do not.
24 Q For some reason, it doesn't have a date on
25 it, unless can you see one. Do you? 02:16:29
Page 90
Veritext Legal Solutions 866 299-5127 1 A I do not.
2 Q Now, obviously, this was sent out before June
3 30, 2015; right?
4 A It's obvious, and I recall receiving one as
5 member. 02:16:51
6 Q And, by definition, it would have to have
7 been sent out before June 30, 2015, because it
8 wouldn't be sent out the same day as the meeting
9 that it purports to notice; correct?
10 A Correct. 02:17:03
11 Q Okay. Do you have an estimate of how long
12 before June 30, 2015 this was sent out?
13 A Well, I have to go from memory as a member,
14 because I was not on the Board at that time or I had
15 just joined the Board, I'm sorry, and I wasn't 02:17:22
16 involved in -- in sending this out, but I'm positive
17 it was more than ten days before, but I believe it
18 was less than 30 days before.
19 Q And you're positive that it was at least ten
20 days because of your belief that that's the minimum 02:17:42
21 required to notice a meeting?
22 A That is part of it. And then I remember
23 checking it afterwards that it was -- that I had
24 received it more than ten days, or at least it had
25 been sent to me more than ten days before. But I 02:18:00
Page 91
Veritext Legal Solutions 866 299-5127 1 remember pretty clearly that it was it was more than
2 that.
3 Q This Exhibit 27 purports to have a slate or,
4 actually, two slates, depending on how you want to
5 count them, of people who are being put up for 02:18:19
6 member -- for directorship by the BAA; is that
7 correct?
8 A Two different classes of Directors.
9 Q Correct.
10 A Yes. 02:18:33
11 Q Now, at the time that this Exhibit 27 went
12 out, this notice and the -- and the attendant proxy,
13 that would be on or before June 20, 2015, at the
14 time that it went out how many Directors did the BAA
15 have? 02:18:52
16 A I do not know.
17 Q It had fewer than 25; right?
18 A I do not know.
19 Q Do you see that Nelly Greenfield is one of
20 the persons nominated by the BAA for directorship? 02:19:08
21 A Yes.
22 Q Was she elected a Director on June 30, 2015?
23 A I don't know, but I believe so.
24 Q Is Scott Greenfield her husband?
25 A I believe so. 02:19:27
Page 92
Veritext Legal Solutions 866 299-5127 1 Q Was he elected a Director on June 30, 2015?
2 A I believe so.
3 Q Is it your understanding that Mr. Greenfield
4 and Ms. Greenfield shared a single membership in the
5 BAA? 02:19:46
6 A I don't know.
7 Q Can husbands and wives have multiple
8 memberships?
9 A They could.
10 Q On what authority? 02:20:03
11 A Well, if a husband owned one property and a
12 spouse owned another, they could have two
13 memberships, one each.
14 Q That's your understanding of the bylaws as
15 they existed on June 30, 2015? 02:20:17
16 A Actually, that's not correct --
17 Q No, it's not.
18 A -- because --
19 Q They would have to split a membership.
20 A Okay. So the answer to your question is no, 02:20:30
21 that's not my understanding.
22 Q Because they would have to split a single
23 membership; right?
24 A Correct. And you could only have one
25 membership no matter how many properties you own. 02:20:40
Page 93
Veritext Legal Solutions 866 299-5127 1 Q Right. That being the case, how could the
2 Greenfields, who together could have only one
3 membership, transmute back into two Board positions?
4 A Spouses who own property in Bel-Air and a
5 membership in the Bel-Air Association are both 02:21:03
6 members of the Bel-Air Association.
7 Q So one membership, according to your
8 testimony, a single membership can give rise to
9 multiple Directorships?
10 A Can I hear the question back, please? 02:21:24
11 (Record Read.)
12 THE WITNESS: A single membership can give
13 rise to a husband and wife, or spousal, two spousal
14 memberships on the Board, that's correct, because
15 they are both members. 02:21:49
16 BY MR. WOLPERT:
17 Q Two spousal Directorships?
18 A Yes, because they are both members sharing
19 one membership, meaning one vote.
20 Q So one membership can equal two Directorships 02:21:58
21 for the one membership?
22 A Yes, as Judge Karlan said in open Court in
23 January of 2016.
24 Q Well, I move to strike that, and I don't
25 believe there was any such ruling, but in any event, 02:22:12
Page 94
Veritext Legal Solutions 866 299-5127 1 I move to strike the answer -- the narrative after
2 you answered the question.
3 Was David -- how do you pronounce this
4 Valadez?
5 A I believe it's Valadez. 02:22:32
6 Q Was he elected a Director on June 30, 2015?
7 A I don't know, but I believe so.
8 Q Okay. Do you believe that each of the 16
9 people set forth in Exhibit 27 were elected to
10 Directors on June 30, 2015? 02:22:57
11 A Yes, as to the 16 which are listed on pages 3
12 and 4 of Exhibit 27.
13 Q Okay. Now I'd like to you look at
14 Exhibit 37.
15 A I have it. 02:23:26
16 Q Okay. And you see for some reason none of
17 these documents have either dates or page numbers,
18 but this document has a Bates stamp of BAA 230, and
19 I'd like to you look at that page.
20 A I have that page. 02:23:52
21 Q And do you see where a number of people are
22 identified on that page BAA 230?
23 A Yes.
24 Q And what's your understanding as to the
25 status of those individuals on that date with 02:24:09
Page 95
Veritext Legal Solutions 866 299-5127 1 respect to the BAA?
2 A That they were all Directors, members of the
3 Board of Directors.
4 Q Now, is it your understanding that they were
5 all elected at the June 30, 2015 meeting or is it 02:24:22
6 your understanding that some of them were Directors
7 before the meeting and others were elected at the
8 meeting?
9 A The latter.
10 Q So your understanding of this document is 02:24:35
11 that this is a compilation of persons who were BAA
12 Directors preceding the June 30, 2015 meeting,
13 combined with those who first became members at that
14 meeting?
15 A Yes. 02:24:53
16 Q Okay. Is Nelly Greenfield listed as a
17 Director in Exhibit 37 on page Bates stamped 230?
18 A No.
19 Q Can you explain why Nelly Greenfield was
20 identified as a Director candidate in Exhibit 27, 02:25:24
21 yet in the document marked as Exhibit 37, from two
22 or three days after the June 30 meeting, she is not
23 listed as a Director?
24 A My understanding is that she resigned.
25 Q When? 02:25:47
Page 96
Veritext Legal Solutions 866 299-5127 1 A I don't know.
2 Q Was it in the two- or three-day period
3 between when she was elected on June 30 and when
4 this e-mail went out on July 2?
5 A I don't know, and I'm not sure that this is 02:25:59
6 an e-mail. This is a blog post.
7 Q Okay.
8 A It goes out by e-mail to subscribers, the
9 blog.
10 Q Do you know why she resigned? 02:26:15
11 A No.
12 Q Do you know if she resigned before or after
13 the vote occurring at the June 30, 2015 meeting?
14 A No.
15 Q Do you see Scott Greenfield listed as a 02:26:24
16 member here on Exhibit 37?
17 A I do not see Scott Greenfield listed as a
18 Director of the Bel-Air Association on Bates stamp
19 BAA 230 of Exhibit 37.
20 Q Do you know why he's listed as Director 02:26:46
21 candidate for June 30, 2015, yet he's not listed as
22 a Director on the e-mail or blog of a couple days
23 later, which is marked as Exhibit 37?
24 A I believe he resigned.
25 Q Do you know why? 02:27:05
Page 97
Veritext Legal Solutions 866 299-5127 1 A Before --
2 Sorry.
3 Q I'm sorry.
4 A I believe he resigned before this July 2,
5 4:26 p.m. blog post in Exhibit 37. 02:27:14
6 Q Do you know whether he was elected Director
7 and then resigned, or whether he was never elected
8 to begin with?
9 A I don't know when he resigned. I believe he
10 was elected. 02:27:32
11 Q Do you believe that both Nelly and Scott
12 Greenfield were elected Directors on June 30, 2015,
13 and then resigned their directorship sometime before
14 this blog was posted on July 2?
15 A May I hear the question back, please? 02:27:49
16 (Record Read.)
17 THE WITNESS: Yes.
18 BY MR. WOLPERT:
19 Q Would the same be true of David Valadez?
20 A I believe the same to be true. 02:28:19
21 Q You've heard of somebody, and I believe
22 actually you brought up his name earlier named
23 Ameen, A-m-e-e-n, Ayoub, A-y-o-u-b; correct?
24 A Correct.
25 Q Was he elected as a Director at the June 30, 02:28:52
Page 98
Veritext Legal Solutions 866 299-5127 1 2015 meeting?
2 A I don't believe so.
3 Q Was he ever Director of the BAA?
4 A Yes.
5 Q Do you know when he first became a Director? 02:29:26
6 A No. It's in one of the exhibits that you had
7 with Mr. Hudson yesterday, the interrogatory
8 responses in the Hobbs' litigation.
9 Q 22?
10 A I don't have it in front of me. 02:29:39
11 Q You should. You were given three documents,
12 I think, 22, 27, and 37.
13 A Oh, I'm sorry, you gave me three at once. I
14 apologize.
15 Q No apology needed. 02:29:53
16 A I made a mistake.
17 Q You know what, let me withdraw that question
18 and maybe it's better just to do it in a systematic
19 comprehensive way. And look at this Exhibit 22,
20 which was in the pile in front of you, so let's do 02:30:12
21 that.
22 Now, do you -- this is odd. This seems to be
23 in alphabetical order based on the first name,
24 rather than the last name, is that how you read it?
25 A Yes, because it was easier to sort that 02:30:31
Page 99
Veritext Legal Solutions 866 299-5127 1 way --
2 Q Okay.
3 A -- using Microsoft Word Table Sort.
4 Q Speaking of which, another odd thing about
5 this is that people who have titles seem to be 02:30:40
6 alphabetically referenced by their titles, such as
7 "Doctor"?
8 A Again, that's counting the Doctor as the
9 first letter in the data entry in that table, which
10 is their name, and it was sorted that way. 02:31:03
11 Q Okay. So understanding that anomaly, let me
12 ask you some questions. Please look at Exhibit 22,
13 and you understand this to be the BAA's sworn
14 discovery responses that were prepared on or about
15 November 25, 2015, is that correct, just looking at 02:31:22
16 the POS?
17 A Yes, I'm also looking at the verification.
18 Q Which is a day earlier?
19 A Yes. These are supplemental interrogatory --
20 special interrogatory responses prepared, I think, 02:31:45
21 on November 24th, because that's the verification.
22 Q Did you play any role in the preparation of
23 these discovery responses?
24 A Yes.
25 Q Can you describe the role that you played? 02:32:00
Page 100
Veritext Legal Solutions 866 299-5127 1 A I reviewed a draft from Counsel and I worked
2 with Paulette DuBey, and principally -- and maybe
3 some others to prepare the -- the -- the table that
4 begins on page 3 in the Response to Special
5 Interrogatory No. 3. 02:32:28
6 Q So from that can I surmise that you
7 determined the information contained in Exhibit 22
8 to be truthful and accurate?
9 A I believed it to be truthful and accurate,
10 but I did not prepare it by myself, and did not -- I 02:32:48
11 do not and did not have personal knowledge of all
12 the matters set forth.
13 Q I said "believe" and then you turned that
14 into past tense, you said, "believed." Did you do
15 that for a reason? 02:33:02
16 A No.
17 Q Okay.
18 A I still believe that this is correct and
19 accurate, as I did at the time.
20 Q Okay. I just didn't know if that was 02:33:10
21 inadvertent.
22 A I missed in your question the verb "belief,"
23 so that's why I used my own language in responding,
24 because I want to make it clear that I did not
25 prepare all of this based on my personal knowledge. 02:33:25
Page 101
Veritext Legal Solutions 866 299-5127 1 I relied heavily on Paulette DuBey.
2 Q But as far as you knew then and as far as you
3 know now, you believed and you still believe this to
4 be accurate?
5 A Yes, as far as I know. It may have some 02:33:40
6 mistakes, but I believe this is correct.
7 Q I missed what you said, you said it had
8 mistakes or that --
9 A No, it may have mistakes that I'm not aware
10 of. I'm not aware of any mistakes at this time. 02:33:49
11 Q Okay.
12 A Nor have I been.
13 Q Okay. So let's go through some of the items
14 on Exhibit 22, starting on page 3.
15 Do you see for Ameen Ayoub -- 02:34:02
16 A Ayoub.
17 Q I'm certain I mispronounced that, and
18 apologies to the person, but in any event you know
19 who I mean?
20 A Yes. 02:34:13
21 Q The last name is spelled A-y-o-u-b. It says
22 that this person became a Director June 2015. Do
23 you see that?
24 A Yes.
25 Q And it has a column heading in the center, it 02:34:24
Page 102
Veritext Legal Solutions 866 299-5127 1 says, "Method of Becoming the Director"; do you see
2 that?
3 A Yes.
4 Q And there are only two methods here, two
5 methods only, as far as I could see, one is it says, 02:34:39
6 "Elected By Membership," for some people, and for
7 others, it says, "Filled Board Vacancy"; correct?
8 A Correct.
9 Q "Elected by Membership," means that the
10 person was elected a Director at BAA annual 02:34:52
11 membership meeting; correct?
12 A Yes.
13 Q What does it mean when it says, "Filled Board
14 Vacancy"?
15 A That refers to the bylaws provision that I 02:35:05
16 read earlier.
17 Q Section 12 on page 5?
18 A I have to double check that, but that sounds
19 right.
20 Q That's what you said. 02:35:16
21 A Well, you remember what I said better than I
22 do, but that sounds right, and I'm checking quickly
23 now. Yes, Section 12 on page 5 under Article 4,
24 Officers.
25 Q Four? 02:35:34
Page 103
Veritext Legal Solutions 866 299-5127 1 A Yes.
2 Q Do you know when in June 2015 it --
3 By the way, is this a man or a woman?
4 A A man.
5 Q Do you know when -- when he was appointed to 02:35:44
6 the BAA Board?
7 A I wouldn't use the word, "appointed." The
8 bylaws say, "Choose a successor." So do you mean
9 when he -- when was he chosen as a successor?
10 Q Chosen by the Board? 02:36:18
11 A Chosen, yeah, but a majority vote, may choose
12 a successor of a Board vacancy.
13 Q Do you know when Mr. Ayoub was chosen to be a
14 Board member, when in June 2015?
15 A No. 02:36:36
16 Q Do you know the methodology by which he was
17 chosen?
18 A I don't have personal knowledge, but based on
19 this interrogatory response that I worked with
20 Paulette on, it was in accordance with Article 4, 02:36:49
21 Section 12 of the bylaws.
22 Q So would that have meant at a BAA Directors
23 meeting?
24 A Yes.
25 Q Were you at that meeting? 02:37:02
Page 104
Veritext Legal Solutions 866 299-5127 1 A I don't know if I was or not. I don't
2 recall.
3 Q So, therefore, you couldn't tell me how many
4 people attended or what happened there; is that
5 correct? 02:37:18
6 A Correct, because I don't know if I was at the
7 meeting. I don't recall being at a meeting in June
8 2015 where Ameen Ayoub was voted as a successor to a
9 vacant Director seat or position.
10 Q Now, Mr. Ayoub was not one of the people 02:37:47
11 nominated to be on the Board, as set forth in
12 Exhibit 27; correct?
13 A That's correct.
14 Q Do you know why he was not?
15 A No, I do not know. 02:38:21
16 Q Do you know whether he was selected to -- by
17 the Board to be on the Board before or after the
18 proxy marked as Exhibit 27 was distributed?
19 A No, I don't know.
20 Q Do you know whether, in addition to having 02:38:46
21 been picked by the Board to be on the Board, whether
22 he was, in addition to that, elected at the June 30,
23 2015 membership meeting?
24 A No. I testified I don't believe he was
25 elected at the June 30, 2015 meeting. 02:39:09
Page 105
Veritext Legal Solutions 866 299-5127 1 Q Okay. I mean, he could have been appointed
2 before the meeting and then also elected at the
3 meeting, but you don't think that occurred?
4 A I don't believe that occurred.
5 Q Okay. Do you know whose position he filled? 02:39:20
6 A No.
7 Q Do you know how it was determined or whether
8 it was determined that there was a vacancy at the
9 time or before the time he was selected?
10 A No. 02:39:39
11 Q Can you look at the next page of Exhibit 22,
12 and you'll see that item 2 on that page is Andrea
13 Archer?
14 A Yes.
15 Q Now, unlike Mr. Ayoub, it says that she 02:40:04
16 filled -- strike that.
17 Like Mr. Ayoub, it says that Ms. Archer
18 filled the Board vacancy on June 15, but unlike him
19 her name appears in the proxy which is marked as
20 Exhibit 27; do you see that? 02:40:34
21 A Yes.
22 Q Do you know why that's the case?
23 A I believe that she filled a Board vacancy for
24 someone in the Class A Class of Directors in
25 Proposal 1 on page 3 of Exhibit 27, and that that 02:40:57
Page 106
Veritext Legal Solutions 866 299-5127 1 person's term was -- actually, I take that back. I
2 don't know as I sit here right now.
3 Q Is there any way you could find out, slash,
4 what would you do if you wanted to find out?
5 A Yeah, the answer to, could I find out? I 02:41:37
6 believe the answer is no, because Paulette DuBey has
7 been instructed by her Counsel not to communicate
8 with us. And the way I would go about doing it
9 would be to ask Paulette DuBey, because this
10 predates my time on the Board, or is around the time 02:41:55
11 I was on the Board.
12 Q On what do you base your testimony that
13 Paulette DuBey has been instructed by her Counsel
14 not to talk to you?
15 A Ron told me recently. Ron Hudson told me 02:42:09
16 recently that a former Board member had sought to
17 have lunch with Paulette recently, not knowing the
18 current situation, and that she was told by Paulette
19 that she could not speak with any of the, what you
20 would call the old Board, what I would call the 02:42:42
21 existing and continuing Board of the Bel-Air
22 Association.
23 Q Who is that former Board member with whom she
24 spoke?
25 A I can't remember her name. I've never met 02:42:56
Page 107
Veritext Legal Solutions 866 299-5127 1 her. It was a female.
2 Q Do you know when in June 2015 Andrea Archer
3 purportedly became a Board member?
4 A I don't know when in June 2015 Andrea Archer
5 became a Board member. 02:43:20
6 Q Could you look at item No. 4, Arne Schmidt?
7 A This is line 4 of page 4 of Exhibit 22;
8 correct.
9 Q Correct.
10 A Yes. 02:43:40
11 Q It says that he became a Board member in
12 December 2014; do you see that?
13 A Yes.
14 Q Do you know if there was a vacancy in
15 December of 2014? 02:43:52
16 A I don't know.
17 Q Do you know how it was that this person
18 purportedly came to fill a Board vacancy or become a
19 Board member in December 2014?
20 A No, I can only surmise from filling a Board 02:44:10
21 vacancy that he was selected by the Board as a
22 successor to a vacant Director position, in
23 accordance with Section 12 of Article 4 of the
24 bylaws.
25 Q But that's your surmise. You don't have any 02:44:24
Page 108
Veritext Legal Solutions 866 299-5127 1 personal knowledge?
2 A That's correct.
3 Q And do you know why it is that Mr. -- strike
4 that.
5 Do you believe that Mr. Schmidt was voted a 02:44:48
6 Director on June 30, 2015?
7 A Yes.
8 Q Would the same be true of the person whose
9 name appears on line 5? And I'm going to
10 mispronounce this, as well, but it's something like 02:45:08
11 Soomkeh, S-o-o-m-k-e-h?
12 A That's Bahar Soomkey, and she is a female
13 resident of Bel-Air. And, I'm sorry, what was your
14 question again?
15 Q Well, let me ask you whether you know about 02:45:28
16 the circumstances under which she became purportedly
17 a Director of the BAA?
18 A I believe that I have seen a resolution of
19 the Bel-Air Association Board of Directors from
20 April of 2015 that chooses her to succeed a Director 02:45:45
21 vacancy.
22 Q Which Director was that?
23 A I don't recall.
24 Q Do you know whether in April 2015 she
25 purportedly became a member of the Board? 02:46:08
Page 109
Veritext Legal Solutions 866 299-5127 1 A I don't recall the specific date in April 15
2 when that Board meeting was.
3 Q Was she also elected Director on June 30?
4 A Yes.
5 Q Do you know whether the Board determined 02:46:34
6 there to be a vacancy in April of 2015?
7 A Based on the resolution I recall seeing, I
8 believe that the Board had, by that time of that
9 meeting, determined that there was a vacancy on the
10 Board. 02:46:54
11 Q Do you remember a corresponding resolution
12 for Ms. Archer?
13 A No, I don't recall.
14 Q Do you recall one for Mr. Ayoub?
15 A No, I don't recall. 02:47:09
16 Q Do you recall one for yourself?
17 A Yes.
18 Q What do you recall about that?
19 A I recall it being the same resolution as the
20 one I recall Bahar Soomkeh being resolved to succeed 02:47:23
21 a Board vacancy.
22 Q Do you recall when you were first appointed
23 to the Board?
24 A I believe it was after -- at that meeting in
25 April 2015. 02:47:48
Page 110
Veritext Legal Solutions 866 299-5127 1 Q But you don't remember when it was?
2 A No, I don't remember the date.
3 Q Do you remember who voted for you?
4 A I wasn't at the meeting. I wasn't on the
5 Board at that time. 02:48:01
6 Q So you wouldn't know who was at that meeting?
7 A No. I have no personal knowledge of who was
8 at that meeting.
9 Q Were you also elected a member, allegedly, on
10 June 30 of 2015? 02:48:15
11 A Alleged or otherwise, I was not elected on
12 June 30, 2015.
13 Q Could you look at line 17? Do you know how
14 Dan Berkoff -- of your personal knowledge, do you
15 know how Dan Berkoff came to purportedly become a 02:48:43
16 Board member --
17 A No.
18 Q -- of the BAA?
19 A I do not.
20 Q Do you recall any resolution for a vacancy or 02:48:51
21 his filling it?
22 A No, I don't.
23 Q Would your answer be the same for David
24 Hanson on line 19?
25 A I don't have any personal knowledge of how 02:49:06
Page 111
Veritext Legal Solutions 866 299-5127 1 David Hanson became a Board member.
2 Q Do you know why Dan Berkoff left the Board in
3 April of 2015?
4 A No, I do not.
5 Q Do you know who filled his seat after he left 02:49:48
6 or at the time he left?
7 A No, I do not.
8 Q Do you know anything of the circumstances
9 under which Thomas Edwards became a Board member of
10 the BAA in June 2015? 02:50:16
11 A No, I do not.
12 Q Have you ever seen any resolution of a
13 vacancy -- of his filling of that vacancy of
14 becoming a Board member?
15 A I don't recall. I -- I have seen 02:50:34
16 resolutions, and I don't remember if his name
17 appears on any of them.
18 Q Do you remember the names of anybody who
19 appears on a resolution determining there to be a
20 Board vacancy or filling it, other than with respect 02:50:58
21 to yourself and Bahar S-o-o-m-k-e-h?
22 A No.
23 Q Okay. Do you know why it is that Mr.
24 Edwards' name does not appear on -- on the June 30,
25 2015 proxy? 02:51:32
Page 112
Veritext Legal Solutions 866 299-5127 1 A I could speculate, but I don't know.
2 Q So no personal knowledge?
3 A No personal knowledge.
4 Q What would your speculation be?
5 A My speculation is that he filled a Board 02:51:52
6 vacancy for the Class C Directors that were not up
7 for election at the June 30th, 2015 meeting.
8 Q When were they up for election?
9 A This year.
10 Q When this year? 02:52:16
11 A Anytime this year. It's the election we have
12 been trying to hold.
13 Q Do you know any of the circumstances under
14 which Elizabeth Swernik, S-w-e-r-n-i-k, purportedly
15 became a Board member? 02:52:37
16 A No, I do not.
17 Q Would the same be true of her husband, Gary
18 Swernik?
19 A Based on the date here on line 4, page 5 of
20 Exhibit 22, I would believe that he was on the April 02:53:10
21 resolution filling Board vacancies that included
22 Bahar Soomkeh and me.
23 Q But you said you didn't recall anybody other
24 than the two of you?
25 A I didn't recall them, and I still don't 02:53:26
Page 113
Veritext Legal Solutions 866 299-5127 1 recall whether Gary's name was on there. I'm just
2 going based on the April 15th date that's listed on
3 line 4 of page 5 of Exhibit 22.
4 Q So is your testimony based on your surmise
5 that if you were appointed at that time and your 02:53:43
6 name appeared in the resolution, you recall that,
7 that you suspect that same may have been true with
8 Mr. Swernik?
9 A I recall seeing only one resolution filling
10 Board vacancies and filling several of them in April 02:54:00
11 of 2015 so, therefore, anybody in Exhibit 22 who
12 became a Director by filling a Board vacancy in
13 April of 2015 I believe is part of that resolution.
14 Q And that's by a logical process, rather than
15 your memory of -- of seeing the resolution? 02:54:32
16 A That is correct.
17 Q And that would be true of the person whose
18 name appears on line 7 of page 5 of Exhibit 22,
19 Janie Peet-Thompson; is that correct?
20 A That's correct. And also for this answer and 02:54:49
21 the prior one, it's surmising because I only recall
22 seeing one resolution in April of 2015 that filled
23 Board vacancies.
24 Q And you don't recall seeing any other
25 resolution on any other date; correct? 02:55:06
Page 114
Veritext Legal Solutions 866 299-5127 1 A Well, I generally recall seeing Board
2 resolutions on different dates, but not, as I sit
3 here now, filling Board vacancies.
4 Q Right. How about line 6, Jacqueline
5 Phillips, do you recall anything of the 02:55:24
6 circumstances of her purportedly becoming a Board
7 member of the BAA?
8 A I do not recall the circumstances nor do I
9 have personal knowledge of the circumstances of how
10 Jacqueline Phillips became a Board member. 02:55:37
11 Q Do you believe she was voted on at the June
12 30, 2015 meeting?
13 A Yes.
14 Q Her name is on the ballot there, on the
15 proxy? 02:56:11
16 A Yes.
17 Q Do you know anything of the circumstances
18 under which Martin Pelcin, who is listed on line 12,
19 purportedly became a BAA Board member?
20 A I do not have any personal knowledge of how 02:56:36
21 Martin Pelcin became a Board member.
22 Q Do you believe he was voted on at the June
23 30, 2015 meeting?
24 A Yes.
25 Q Now, another name who you didn't mention 02:57:00
Page 115
Veritext Legal Solutions 866 299-5127 1 seeing in the revolution (sic) -- in the resolution
2 is Mavis Presler, who is listed on line 14, but
3 Exhibit 22 reflects that he also became a Board
4 member in April of 2015; do you see that?
5 A Yes, and she is a she, Mavis Presler. 02:57:33
6 Q Do you know anything of the circumstances
7 under which she purportedly became a Board member of
8 the BAA?
9 A I don't have any personal knowledge, other
10 than the one resolution I recall in April 2015, 02:57:51
11 which I do not specifically recall her name being
12 on. Probably is on there, but I don't recall it.
13 Q And you're using a logical process, rather
14 than recollection when you say that her name is
15 probably on that; is that correct? 02:58:12
16 A The logical process, yes, of my only
17 recalling ever seeing one resolution filling Board
18 vacancies in April of 2015, and this document,
19 Exhibit 22 saying that she filled a Board vacancy in
20 April 2015. 02:58:30
21 Q I'm not being pejorative by saying it's
22 illogical, I'm just trying to determine the basis of
23 your suspicion.
24 A I'm trying to answer your question
25 accurately. 02:58:46
Page 116
Veritext Legal Solutions 866 299-5127 1 Q Thank you.
2 Do you recall or do you know anything of the
3 circumstances under which Pat O'Brien purportedly
4 became a BAA Board member in June of 2015 or when in
5 June of 2015 he became a Board member? 02:59:00
6 A No, I have no personal knowledge.
7 Q Do you recall seeing a resolution determining
8 that there was a Board vacancy or that he filled it?
9 A No, I don't recall that.
10 Q Is he still on the Board? 02:59:20
11 A Yes.
12 Q He was not elected during the June 3, 2015
13 meeting, was he?
14 A I don't believe so.
15 Q Do you have any knowledge of Shelly Scott, 02:59:35
16 whose name appears on line 27 of page 5, any
17 knowledge of the circumstances under which she
18 purportedly became a Board member?
19 A I don't have any personal knowledge of how
20 Shelly Scott became a Board member. 03:00:07
21 Q And you don't recall seeing any resolution or
22 other Board document determining that there was a
23 vacancy or that she filled it; is that correct?
24 A I don't recall seeing any Board resolution
25 choosing her to fill a Board vacancy. 03:00:25
Page 117
Veritext Legal Solutions 866 299-5127 1 Q Or any other Board document; correct?
2 A Correct, nor other -- nor any other Board
3 document.
4 Q And then finally we have William Scheetz,
5 S-c-h-e-e-t-z. Did I pronounce that correctly? 03:00:43
6 A I believe so.
7 Q Have you ever seen a resolution or other
8 Board document determining that there was a vacancy
9 or that he filled it?
10 A Not that I recall. 03:00:57
11 Q And do you have any knowledge as to the
12 circumstances under which he purportedly became a
13 Board member?
14 A Other than Exhibit 27 showing him on the
15 ballot, I believe he was reelected, but I don't know 03:01:17
16 of any Board documents choosing him to succeed a
17 Board vacancy prior to that.
18 Q Do you see the names on Bates page 230 of
19 Exhibit 37?
20 A I'm sorry, which names? 03:01:45
21 Q Do you see that there are a number of names
22 listed?
23 A Yes.
24 Q Are any of the persons listed there no longer
25 BAA Board members? 03:01:57
Page 118
Veritext Legal Solutions 866 299-5127 1 A Yes.
2 Q Which one or ones are no longer BAA Board
3 members?
4 A Mona Elkin is no longer a BAA Board member.
5 Q Anybody else? 03:02:24
6 A Charles Beckman is no longer a Board member.
7 Q Anyone else?
8 A Arne Schmidt is no longer a Board member.
9 Q Anyone else?
10 A I don't believe so. I don't believe so, but 03:02:47
11 I would just like a minute to go through and
12 confirm.
13 Q Sure. Take as long as you would like.
14 A I think it's just those three.
15 Q Take as long and you would like. 03:03:08
16 A I believe it's just those three.
17 Q Do you know when Ms. Elkin ceased being a
18 Board member?
19 A December 2015.
20 Q Do you know why? 03:03:35
21 A I believe it was for health reasons.
22 Q Do you know whether she is been replaced by
23 a -- by anybody?
24 A Yes.
25 Q By whom? 03:03:48
Page 119
Veritext Legal Solutions 866 299-5127 1 A Jeff Kaplan.
2 Q When did he become a Board member?
3 A My understanding is he -- this is his third
4 time on the Board, and he became a Board member, I
5 believe, in December 2015 or January 2016. 03:04:05
6 Q Do you know how is it that he came to be a
7 Board member replacing Ms. Elkin?
8 A Yes.
9 Q Can you describe that?
10 A The Board chose him as his successor to Mona 03:04:25
11 Elkins, the vacancy caused by Mona Elkins'
12 resignation from the Board.
13 Q Were you at that meeting?
14 A Yes.
15 Q Who was at that meeting? 03:04:41
16 A I don't recall.
17 Q Okay. Do you recall who voted for him?
18 A It was unanimous.
19 Q Do you recall who voted, though?
20 A I'm sorry? 03:04:56
21 Q Do you recall who it was that voted for him?
22 A Everyone who was there voted for him.
23 Q Right.
24 A I know I was there, Ron Hudson was there,
25 Gary Swernik was probably there, probably Marv 03:05:07
Page 120
Veritext Legal Solutions 866 299-5127 1 Elkin, probably Shelly Scott. I'd have to check the
2 minutes to be sure who was there.
3 Q Do you know why he was selected?
4 A Yes.
5 Q Why? 03:05:37
6 A Because of his prior experience and
7 involvement with the Board.
8 Q He's a developer; right?
9 A I don't think so.
10 Q You don't think so? 03:05:49
11 A No.
12 Q Okay. To your knowledge, he's never flipped
13 properties or bought properties, not to live in, but
14 to -- to sell?
15 A I have no personal knowledge of that. 03:06:02
16 Q Okay. Do you know when Mr. Beckman left the
17 Board of BAA?
18 A Yes.
19 Q When?
20 A Two, three weeks ago. 03:06:18
21 Q Do you know why?
22 A Yes.
23 Q Why?
24 A Because of Fred Rosen's nasty behavior and
25 constant litigation. 03:06:32
Page 121
Veritext Legal Solutions 866 299-5127 1 Q How did you learn that?
2 A As the Secretary, he sent me an e-mail or --
3 I'm sorry -- he sent me an e-mail resigning, but he
4 told me that by phone.
5 Q What did he say exactly? 03:06:47
6 A Just what I told you. I don't remember
7 anything more specific than that.
8 Q Did he say that Mr. Rosen ever spoke with him
9 in 2016?
10 A I don't know if he did in that conversation. 03:06:59
11 I don't remember if he did in that conversation.
12 Q Do you have any knowledge as to whether
13 Mr. Rosen ever communicated directly with
14 Mr. Beckman in 2016?
15 A Based on something Charles Beckman told me, I 03:07:14
16 believe that to be the case.
17 Q And what was that?
18 A That was that your partner Eric George and
19 Mr. Rosen had called him, and I don't remember
20 exactly about what or why, I believe there were 03:07:36
21 threats made by Fred Rosen during that phone call.
22 I believe that Charles Beckman then hung up on him,
23 and that Eric George had said nothing during the
24 conversation, Fred had done all the talking. And
25 Charles told me that Fred then called back to then 03:07:55
Page 122
Veritext Legal Solutions 866 299-5127 1 hang up on him so that Fred was the one who hung up.
2 Q Was Mr. George in that second call?
3 A No, I don't believe so.
4 Q What threats did Mr. Rosen allegedly make to
5 Mr. Beckman? 03:08:13
6 A I don't recall.
7 Q Physical threats?
8 A Not that I recall.
9 Q Has a replacement been selected for
10 Mr. Beckman? 03:08:26
11 A No.
12 Q When did Mr. Schmidt leave the BAA Board?
13 A Friday.
14 Q Why?
15 A Because he closed on the sale of his house 03:08:37
16 and no longer lives in Bel-Air.
17 Q Has anybody replaced Mr. Schmidt on the BAA
18 Board?
19 A No.
20 Q When does your Board vacancy end? You said 03:08:51
21 this year, but no specific date. If I understand
22 that correctly, your Board directorship -- strike
23 that. Let me ask it this way. Am I correct in
24 understanding that your testimony is your Board
25 directorship ends this year, but on no particular 03:09:28
Page 123
Veritext Legal Solutions 866 299-5127 1 date this year?
2 A My Board directorship position ends at the
3 annual meeting of members to be held this year.
4 Q And is it your testimony that that could be
5 held anytime this year? 03:09:47
6 A I believe it has to be held by September 30th
7 of this year.
8 Q And what's that based on?
9 A The Corporations Code section -- I can't
10 remember if it's 15 or 18 months. 03:10:06
11 Q What says --
12 A It was in Marcia Hobbs' complaint, whatever,
13 she said that the Board hadn't met for 15 months, so
14 she could bring a Superior Court action, so whatever
15 that time frame is 15 or 18, I don't have off the 03:10:24
16 top of my head, from June 30th of 2015.
17 Q Do you have an understanding of the
18 consequence if that date comes and goes without the
19 Board electing Directors having a quorum to elect
20 Directors? 03:10:41
21 A I don't understand a "consequence" or what
22 you mean by that.
23 Q What happens if the -- you said there has to
24 be an election by September 30th. What if there is
25 not? What's the consequence? 03:10:56
Page 124
Veritext Legal Solutions 866 299-5127 1 A Then Marcia Hobbs or her cohorts with Fred
2 Rosen, or other people could -- any member of the
3 association could -- well, I take back Fred, because
4 he's provisional member, according to Judge Karlan.
5 A member of the Bel-Air Association could bring a 03:11:10
6 lawsuit to compel the Bel-Air Association to hold an
7 annual members meeting. That's what I recall the
8 statute saying.
9 Q Would the Board have any authority to act
10 after the period has lapsed? 03:11:30
11 A I believe that it would.
12 Q Are you aware of some ruling by Judge Karlan
13 that I'm unaware of as to Mr. Rosen's status in the
14 BAA? Have you ever seen an order or ruling?
15 A I've seen no written order or ruling, just 03:11:50
16 like there wasn't for the June -- January 2016
17 meeting that the Bel-Air Association postponed on
18 its own.
19 Q It postponed because Judge Karlan ordered it
20 be postponed; right? 03:12:12
21 A There is no order or ruling to that effect.
22 Q Is it your testimony that Judge Karlan did
23 not direct that BAA not proceed with its January
24 2016 ruling?
25 A I wasn't present in chambers when he 03:12:22
Page 125
Veritext Legal Solutions 866 299-5127 1 discussed that with Counsel.
2 Q Did you proceed on that date?
3 A We proceeded with the meeting.
4 Q But not an election of Directors?
5 A That's correct. 03:12:36
6 Q And that's because your understanding was
7 Judge Karlan directed that there not be an election
8 on that date; is that true?
9 A That was based on my understanding that Judge
10 Karlan wanted us to postpone the election for 60 03:12:47
11 days so that Marcia Hobbs could follow the bylaws
12 that she was already familiar with and nominate
13 herself.
14 Q Was there anybody elected at the June 30,
15 2015 meeting whose name does not appear on the 03:13:12
16 proxy?
17 A Not that I'm aware of.
18 Q So, to your knowledge, the people and only
19 the people whose names appear on Exhibit 27 were
20 elected at the June 30, 2015 meeting; is that 03:13:38
21 correct?
22 A May I hear that question back, please?
23 Q Sure. Let me just rephrase it.
24 Is it your understanding that the individuals
25 listed in the proxy set forth in Exhibit 27, and 03:13:54
Page 126
Veritext Legal Solutions 866 299-5127 1 only those individuals were elected to directorship
2 positions at the BAA's June 30, 2015 meeting?
3 A I believe that's correct.
4 Q Were you at that meeting?
5 A Yes. 03:14:35
6 Q How many people were there?
7 A I don't recall, but I would estimate 80.
8 Q In person?
9 A Yes.
10 Q Do you know how many people were not present 03:14:55
11 in person at the June 30, 2015 meeting, but how many
12 votes were represented by proxy?
13 A I don't know that number. I know that there
14 were over a hundred present by proxy, and that
15 includes me, who -- and some of those, who include 03:15:23
16 me, that were also present in person.
17 Q Do you know how many people were present at
18 the June 30, 2015 meeting, how many votes, in person
19 or by proxy, obviously not double counting?
20 A Yes. And I appreciate you asking that, 03:15:43
21 because I was just going to clarify because the
22 proxy represented one vote per membership, and there
23 were over a hundred.
24 Q Do you know how many there were?
25 A I believe it was 106, 110, 120, something in 03:15:58
Page 127
Veritext Legal Solutions 866 299-5127 1 that range.
2 Q I heard the number 104. Had you ever heard
3 that?
4 A That may be correct, that's why I first threw
5 out 106. 03:16:19
6 Q Right?
7 A But that could be.
8 Q Do you know who has those votes now, as we
9 speak?
10 A Who has those proxies physically? 03:16:26
11 Q Physically, proxies or ballots, yes.
12 A I believe that Paulette had them in her
13 office as of March 17th, before your clients broke
14 in.
15 Q Do you think those ballots and proxies were 03:16:45
16 present on March 17?
17 A I believe that they were.
18 Q When did you last see them there?
19 A Many months before.
20 Q What leads you to conclude then they were 03:16:59
21 there many months after?
22 A Because I instructed Paulette DuBey to keep
23 them in a file cabinet or a drawer or someplace in
24 her office.
25 Q So you can't explain what became of them? 03:17:13
Page 128
Veritext Legal Solutions 866 299-5127 1 A I believe that they should still be there.
2 If they are not, then either Paulette removed them
3 or your people removed them.
4 Q You don't have any understanding, though, any
5 personal knowledge as to why they are not there now, 03:17:37
6 assuming that's the case?
7 A If they are not there now, I have no personal
8 knowledge as to why, and that is news to me as of
9 this moment.
10 Q You last saw them several months before March 03:17:52
11 17, 2015?
12 A That's what I testified to, yes.
13 Q At that March -- strike that.
14 At that June 30, 2015 meeting, how many
15 people voted for you for directorship? 03:18:15
16 A I wasn't on the ballot, so that would be
17 zero.
18 Q Do you know how many people voted for any of
19 the people who were on the ballot?
20 A I believe all of the proxies voted for all of 03:18:32
21 the nominees.
22 Q So each vote was unanimous?
23 A I believe so, but I don't recall that for
24 sure. I didn't look at each proxy.
25 Q Do you know who tabulated the results? 03:18:51
Page 129
Veritext Legal Solutions 866 299-5127 1 A No, I do not.
2 Q Did --
3 A I did not.
4 Q Did Paulette DuBey?
5 A I don't think so. 03:19:01
6 Q Did Ron Hudson?
7 A I doubt it.
8 Q Did a third party?
9 A Perhaps.
10 Q Do you have any knowledge? 03:19:07
11 A I don't. I testified I don't know who did
12 it.
13 MR. WOLPERT: Will this be a good time? Does
14 anybody need a break?
15 COURT REPORTER: Yeah, that would be good. 03:19:24
16 VIDEO OPERATOR: We're now going off the
17 record. The time is 3:19 p.m.
18 (Recess.)
19 VIDEO OPERATOR: We are now going back on the
20 record. The time is 3:31 p.m. 03:31:18
21 BY MR. WOLPERT:
22 Q Are there any members of the BAA Board, as
23 you consider it, what I call the old Board, who you
24 believe are on the Board now but were not on the
25 Board as of the end of the day on June 30, 2015? 03:31:38
Page 130
Veritext Legal Solutions 866 299-5127 1 A Can you repeat that?
2 MR. WOLPERT: Sure. We will have the Court
3 Reporter.
4 (Record read as follows:
5 "Are there any members of the BAA Board, as 03:31:23
6 you consider it, what I call the old Board,
7 who you believe are on the Board now but were
8 not on the Board as of the end of the day on
9 June 30, 2015?")
10 THE WITNESS: Well, I mentioned Jeff Kaplan. 03:32:09
11 BY MR. WOLPERT:
12 Q Right. Anybody other than him?
13 A Anyone who is on the Board now that wasn't on
14 June 30th?
15 Q As of the end of the day. So, in other 03:32:44
16 words, I'm including in that the election, which
17 presumably did not go until midnight?
18 A Right. So after the election on June 30,
19 2015, anyone on the Board now since then, since the
20 end of that meeting -- election? 03:33:05
21 Q Anybody on the Board now who was not on the
22 Board as of midnight on June 30, 2015?
23 A I think it's just Jeff Kaplan, but I'm -- I'm
24 checking Exhibit 37 to be sure. I haven't thought
25 about that question before, but I believe it's just 03:33:43
Page 131
Veritext Legal Solutions 866 299-5127 1 Jeff Kaplan, as I sit here now.
2 Q Okay. And there are three people who were on
3 the Board as of midnight on June 30, 2015, who are
4 not now on the Board, and those are the three that
5 you've identified a minute ago, Mr. Elkin, 03:34:08
6 Mr. Beckman, and Mr. Schmidt; correct?
7 A Ms. Elkin, not Mr. Elkin.
8 Q My apologies, I misspoke.
9 A That's correct. With that correction; that's
10 correct. 03:34:28
11 Q Thank you.
12 When you were last at the BAA on -- in the
13 afternoon of March -- strike that.
14 When you were last at the BAA's office the
15 afternoon of March 17, 2015, what computers, if any, 03:34:41
16 were there?
17 A The last time I was inside the office;
18 correct?
19 Q Yes.
20 A That was about 3:00 p.m -- 03:34:55
21 Q Right.
22 A -- as you said and as I said earlier.
23 There were, I believe -- well, only one
24 physical desktop computer that's not a laptop. I
25 can't remember if Paulette was there. She has a 03:35:10
Page 132
Veritext Legal Solutions 866 299-5127 1 laptop. If she were there, there would have been
2 two computers, her laptop that she takes home
3 everyday and the one in Cameron's old office, which
4 is a desktop that I've never accessed.
5 Q So you wouldn't know what was on his, what 03:35:27
6 was on that?
7 A No.
8 Q Who is Cameron?
9 A Cameron was an employee of the Bel-Air
10 Association. 03:35:51
11 Q Was he an office worker?
12 A I -- well, he went out in the field. I don't
13 know what you mean exactly by, "Office worker."
14 Q Did he -- it's a bad question. Let me
15 rephrase that. 03:36:04
16 Did Cameron -- by the way, what is Cameron's
17 last name?
18 A I believe it's Falzone, F-a-l-z-o-n-e, but
19 I'll have to check that at a break.
20 Q Did he report to Paulette DuBey? Was she his 03:36:16
21 superior?
22 A I believe so. He left before I became a
23 Director, so this is based on hearsay.
24 Q So from the time you became a Director on,
25 even some period before that, but certainly the time 03:36:35
Page 133
Veritext Legal Solutions 866 299-5127 1 you became a Director, going forward, is it fair to
2 say that the only electronic data storage system,
3 such as computers, kept by the BAA was Paulette
4 DuBey's lap -- her laptop?
5 A Her laptop, yes, since I was a Director -- 03:37:01
6 Q Okay.
7 A -- since I became a Director in April 2015;
8 correct.
9 Q So for that period of time anything that was
10 electronically stored was -- was on her laptop? 03:37:12
11 A I believe so. It should have been.
12 Q Okay. And you say that the BAA did not keep
13 physical records, it just kept electronic records,
14 except you said there was some bylaws from, you
15 said, a half century ago, or minutes, but other than 03:37:34
16 that, it was just all electronic?
17 A I believe so with respect to corporate
18 records. Of course there is a bookkeeper who kept
19 other electronic records, physical records, I
20 believe, the checkbook. I never saw a checkbook at 03:37:53
21 her office, her home office in Hawthorne.
22 Q Right, so -- and I understand there are two
23 outside vendors. Well, for that matter there could
24 be law firms. But there is a bookkeeper and there
25 is an accountant; right? And I did not mean to 03:38:10
Page 134
Veritext Legal Solutions 866 299-5127 1 include them, but for the BAA proper?
2 A For the BAA office and corporate records, but
3 I'm excluding, again, now membership records,
4 because -- this bookkeeper's name is Yasmin,
5 Y-a-s-m-i-n, Wendling, W-e-n-d-l-i-ng, she works out 03:38:31
6 of her home office in Hawthorne, and she would keep
7 membership records, checkbook, bookkeeping records,
8 and the like, so the accounting records, but -- but
9 membership records she would also keep, and those
10 could be interpreted as corporate records. 03:38:58
11 Q When did you last speak with her or
12 communicate with her in any fashion?
13 A A day or two or three after March 17th, 2016.
14 Q What was the nature of that communication?
15 A I was asking her for access to Bel-Air 03:39:14
16 Association records, as I recall. It was all by
17 e-mail, so I would have to look at the e-mail, but
18 that's what I believe, I asked her for access to
19 Bel-Air Association properties, electronic records.
20 Q I think I asked you this, but it just entered 03:39:41
21 my mind, so I want to be safe than sorry, so let me
22 ask you this. Looking at Exhibit 37, are you aware
23 of anyone who was on the Board of the BAA on July 2,
24 2015, other than those listed on page 230 of
25 Exhibit 37? 03:40:10
Page 135
Veritext Legal Solutions 866 299-5127 1 A No, I believe page 2 of Exhibit 37 accurately
2 states the Board members as of July 2nd, 2015.
3 Q Why are you the only one suing in this case?
4 Why are no other Board members joined?
5 MR. WOOG: To the extent that that calls for 03:40:41
6 attorney/client privilege, I'll instruct you not to
7 answer. If you have any other reason that's
8 unrelated to the advice I've given you, you can go
9 ahead.
10 THE WITNESS: No, it's all related to legal 03:40:54
11 advice, so I refuse to answer the question on the
12 grounds of attorney/client privilege.
13 BY MR. WOLPERT:
14 Q Did you ask any other people who you consider
15 be Board members to join you in the lawsuit? 03:41:04
16 A No.
17 Q Why not?
18 A That's --
19 MR. WOOG: Same instruction.
20 THE WITNESS: And my own work product. I 03:41:15
21 refuse to answer on those grounds.
22 BY MR. WOLPERT:
23 Q Do you believe you're the only one who still
24 believes that the old BAA Board is still in place?
25 A No. 03:41:37
Page 136
Veritext Legal Solutions 866 299-5127 1 Q Then why wouldn't you have others join you in
2 the lawsuit?
3 A I refuse to answer for the same reasons
4 previously stated, work product and privilege.
5 Q Why did you not join Mr. Hudson in his prior 03:42:03
6 lawsuit?
7 MR. WOOG: The same instruction.
8 THE WITNESS: I refuse to answer for the same
9 reasons. Following my Counsel's advice, as well.
10 BY MR. WOLPERT: 03:42:11
11 Q Did Mr. Hudson ever ask to you join his
12 lawsuit?
13 A No.
14 Q You were aware of his lawsuit before he filed
15 it; correct? 03:42:35
16 A Correct.
17 Q So you could have joined, had you wanted to;
18 correct?
19 A That's a hypothetical. I don't understand
20 the question. 03:42:42
21 Q You don't understand the question?
22 A I can always join any lawsuit where I have
23 standing. I don't understand the question.
24 Could I have joined Ron Hudson's first
25 lawsuit? I believe so. 03:42:56
Page 137
Veritext Legal Solutions 866 299-5127 1 Q Why didn't you?
2 MR. WOOG: The same instruction.
3 THE WITNESS: I'm following my attorney's
4 instruction and refusing not to answer the question.
5 BY MR. WOLPERT: 03:43:03
6 Q Do you know why Mr. Hudson and the BAA, who
7 is purportedly joined, did not simply amend their
8 existing lawsuit to include any new claims or
9 remedies contained in yours?
10 MR. WOOG: The same instruction. 03:43:20
11 BY MR. WOLPERT:
12 Q Whatever your attorney instructs, you'll
13 follow?
14 A Yes.
15 Q How did you come to engage your Counsel in 03:43:28
16 this lawsuit?
17 A He was referred to us.
18 Q By whom?
19 A Jeff Kaplan.
20 Q What did Mr. Kaplan say about that? 03:43:52
21 A Well, that's privileged. I'm not going to
22 answer that question.
23 Q Your discussion with Jeff Kaplan is
24 privileged?
25 A Regarding litigation, it's both work product 03:44:01
Page 138
Veritext Legal Solutions 866 299-5127 1 and attorney-client privilege. I'm a lawyer
2 licensed to practice in the State of California.
3 Q Why did you not seek a temporary restraining
4 order to enjoin the holding of the March 17, 2016
5 meeting? 03:44:28
6 MR. WOOG: Wouldn't that be your work
7 product? You can answer the question if you want.
8 THE WITNESS: Yes.
9 MR. WOOG: It's up to you.
10 THE WITNESS: It's fine, I can answer. 03:44:42
11 It -- I didn't believe that it was our burden
12 to stop an illegal meeting from occurring. And I
13 said this in -- actually, in an e-mail to, I
14 believe, to you and Eric. And you guys never
15 responded to a couple of my e-mails. But it may 03:45:07
16 have been to Dan, I'm sorry, I may have the wrong
17 e-mail. But I do recall sending an e-mail to
18 somebody, either to you or Mr. George or your
19 clients, who were purporting to hold the meeting
20 that it wasn't incumbent upon us to stop a meeting 03:45:24
21 that was so clearly illegal in the Corporations
22 Code, and that I remember saying in the e-mail
23 people are free to meet with whomever and wherever
24 they want, it just won't have any affect on the
25 Bel-Air Association. 03:45:44
Page 139
Veritext Legal Solutions 866 299-5127 1 BY MR. WOLPERT:
2 Q Well, you're seeking to invalidate it now.
3 Wouldn't it have been much simpler to have sought to
4 enjoin it earlier before it occurred?
5 A I did not anticipate even an evil person as 03:45:54
6 evil as Fred Rosen and narcicisstic and borderline
7 personality disorder as he is actually hiring a
8 security company, breaking into the office, taking
9 physical possession, I did -- I absolutely did not
10 anticipate or even conceive that that was even 03:46:19
11 possible for a human being to do, even one as evil
12 as he is.
13 Q But what do you really think of him?
14 A What's that?
15 Q It's a joke. 03:46:33
16 A I think he's a disturbed man that needs -- I
17 hope he's getting good counseling. I think he may
18 suffer from borderline personality disorder, and he
19 definitely suffers from a narcicisstic personal
20 disorder, and you don't need to be a psychologist to 03:46:49
21 figure that out.
22 Q Do you have any psychiatric training?
23 A No.
24 Q Actually, you discussed with Ron Hudson about
25 whether to seek to enjoin the March 17, 2016 special 03:47:05
Page 140
Veritext Legal Solutions 866 299-5127 1 members meeting because he wanted to, but you told
2 him there was no need to; right?
3 MR. WOOG: I'll instruct you not to answer
4 that question because you were operating in the
5 context of Counsel with the Association at the time. 03:47:20
6 THE WITNESS: If you have possession of that,
7 you should disqualify yourself immediately. That's
8 privileged communication.
9 BY MR. WOLPERT:
10 Q When did you last speak with Paulette DuBey? 03:47:47
11 A Similar to the bookkeeper, Ms. Wendling, a
12 few days after March 17th 2016.
13 Q Did you give any advice to the BAA as to
14 whether to enjoin or how to otherwise treat the
15 upcoming March 17, 2016 special meeting of the 03:48:30
16 members?
17 MR. WOOG: The same objection. It's your
18 work product.
19 THE WITNESS: Yeah.
20 MR. WOOG: Attorney/client privileged. 03:48:42
21 THE WITNESS: Yeah, it's privileged.
22 MR. WOLPERT: It's certainly not privileged
23 because my client is the holder of the privilege.
24 MR. WOOG: If that's what you believe, I
25 understand that, but at the time -- whatever you 03:48:50
Page 141
Veritext Legal Solutions 866 299-5127 1 think about that, at the time he gave that advice,
2 clearly the people he was communicating with were
3 the holders of the privilege.
4 MR. WOLPERT: Right, but they -- the
5 individuals were not, themselves, the holders of the 03:49:01
6 privilege, right, the holder of the privilege, a
7 holder of the privilege, that was the BAA, and we
8 represent the BAA, so --
9 MR. WOOG: That's what you say -- hold on.
10 That's what you think, but there is no doubt that at 03:49:13
11 the time he rendered those opinions, to the extent
12 he did, he was doing this under attorney/client
13 privilege.
14 MR. WOLPERT: Right, but the privilege holder
15 was the BAA. 03:49:28
16 MR. WOOG: Correct.
17 MR. WOLPERT: And we represent the BAA.
18 MR. WOOG: That's what you think. I
19 understand. That's what this litigation is all
20 about. 03:49:36
21 MR. WOLPERT: Well, you've sued the BAA.
22 MR. WOOG: The new BAA, not the BAA.
23 MR. WOLPERT: Oh, okay. Well, let me -- let
24 me ask Mr. Kuyper about that. That's an interesting
25 distinction. 03:49:49
Page 142
Veritext Legal Solutions 866 299-5127 1 Q Mr. Kuyper, have you sued the Bel-Air
2 Association in this lawsuit?
3 A No.
4 Q Have you sued -- so, as far as you're
5 concerned, the Bel-Air Association is not a party to 03:50:00
6 the existing lawsuit; is that correct?
7 A That's correct.
8 Q And so, therefore, would not be bound by any
9 judgment or ruling in the case; right?
10 A No, that's not true. 03:50:14
11 Q Well, how could it be bound by something it's
12 not a party to?
13 A Because I'm a member. It's like a derivative
14 action. But, anyway, this is a legal argument. Do
15 you have a factual question for me, anything of my 03:50:28
16 personal knowledge?
17 Q Have you sued an entity called the, "New
18 Bel-Air Association"?
19 A Yes.
20 Q Does such an entity exist? 03:50:37
21 A Yes.
22 Q Where have you found corporate documents
23 reflecting the existence of an entity called the,
24 quote, "New Bel-Air Association," close quote?
25 A I don't believe it's incorporated. 03:50:53
Page 143
Veritext Legal Solutions 866 299-5127 1 Q Have you seen any documents showing that such
2 an entity exists?
3 A No.
4 Well, I'm sorry, yes, I have. My own
5 complaint. 03:51:15
6 Q So you create a complaint, and then that's
7 the document which shows it exists?
8 A Yeah, it's like a Doe.
9 MR. WOOG: It's argumentative. Come on,
10 Counsel. 03:51:25
11 BY MR. WOLPERT:
12 Q Have you ever done a check with the Secretary
13 of State to see if there is an entity called the New
14 Bel-Air Association?
15 A No. 03:51:32
16 Q Has anybody ever purported to be a member of
17 the, quote, "New Bel-Air Association," close quote?
18 A Yes.
19 Q Who?
20 A All nine of your clients. 03:51:41
21 Q No, they certainly do not. But that's your
22 sworn testimony?
23 A That's my sworn testimony, sir. Don't argue
24 with my answer.
25 Q Well, I'm entitled to answer -- argue because 03:51:50
Page 144
Veritext Legal Solutions 866 299-5127 1 it's cross but --
2 A You are entitled to ask.
3 Q So it's your sworn testimony that Marcia
4 Hobbs and others take the position that they are not
5 Directors of the Bel-Air Association, but that they 03:52:04
6 are Directors of an entity called the, quote, "New
7 Bel-Air Association," close quote; that's your sworn
8 testimony?
9 MR. WOOG: Objection. Argumentative. You
10 don't have to answer. 03:52:15
11 MR. WOLPERT: Yes, he does.
12 MR. WOOG: No, he doesn't.
13 MR. WOLPERT: He already did answer.
14 MR. WOOG: Counsel, come on, let's move on.
15 This is argument. 03:52:24
16 THE WITNESS: That was compound, as well, so
17 I didn't understand the question.
18 MR. WOOG: It's all argument.
19 MR. WOLPERT: You're instructing him not to
20 answer? 03:52:31
21 MR. WOOG: I'm instructing him not answer;
22 that's correct.
23 BY MR. WOLPERT:
24 Q You're familiar with the Jay Belson? We
25 discussed him briefly earlier. You remember that? 03:53:00
Page 145
Veritext Legal Solutions 866 299-5127 1 A I remember discussing that with you earlier,
2 but I'm not familiar with him, and I told you that
3 I've never met him.
4 Q I didn't say you met him, but you know who he
5 is, you're familiar with the name; correct? 03:53:14
6 A I'm familiar with the name. You asked
7 whether I was familiar with Jay Belson.
8 Q Right.
9 A I'm not familiar with Jay Belson.
10 Q But you know who Jay Belson is? 03:53:22
11 A I believe that I know that he owns Tione Road
12 and he's a member of the Bel-Air Association.
13 Q And you also believe that he instructed the
14 Bel-Air Association that he wanted to receive notice
15 at the 911 Tione Road property; correct? 03:53:39
16 A I don't know that.
17 Q Did you ever tell that to anybody?
18 A I don't know.
19 Q Is it your testimony that you have no such
20 recollection? 03:53:52
21 A That's correct. I don't recall what
22 everybody put on their membership application.
23 Q And that wasn't my question. My question is
24 whether you have any -- well, let me ask you this.
25 Did you ever tell anybody that Mr. Belson wanted to 03:54:06
Page 146
Veritext Legal Solutions 866 299-5127 1 receive notice at the address of the 911 Tione Road
2 property in Bel-Air that he's developing?
3 A I don't believe that he did.
4 Q Did you ever tell that to Paulette?
5 A Not that I'm aware of. 03:54:25
6 Q Okay. Did you ever tell that to Yasmin
7 Wendling?
8 A Yasmin Wendling, no, I don't -- not that I'm
9 aware of.
10 Q Okay. Did you ever tell anybody that Jay 03:54:41
11 Belson was friendly to your side of the BAA?
12 A Sorry, repeat the question, please. I missed
13 the beginning part of the question.
14 MR. WOLPERT: Sure.
15 (Record Read.) 03:55:05
16 THE WITNESS: I don't recall whether I did or
17 not.
18 BY MR. WOLPERT:
19 Q Do you believe he was -- is?
20 A Well, if by "your side of the BAA," you mean 03:55:17
21 the existing Board of the Bel-Air Association, I
22 believe that he is, but that's a -- that's mostly
23 speculation. I haven't spoken with him or any of
24 his representatives about that.
25 Q Why do you believe he's friendly then to the, 03:55:35
Page 147
Veritext Legal Solutions 866 299-5127 1 well, I'll calling it the old BAA Board?
2 A Because I believe that he's one of many
3 people who think that your clients, led by Fred
4 Rosen, are behaving improperly, at a minimum; that's
5 my belief. 03:56:05
6 Q And he told that you?
7 A No, I've never spoken to him. I told you
8 that.
9 Q So -- but somehow you have a belief, so
10 what's that based on? 03:56:14
11 A Based on my general discussions, without
12 speaking about Jay specifically or anybody
13 specifically, with Kimberlina Whettam.
14 Q Did you give Paulette DuBey any directives or
15 instructions relative to BAA or her work for the BAA 03:56:48
16 after March 17, 2016?
17 A I believe so.
18 Q Can you describe each such instance?
19 A No, I don't recall those specifics.
20 Q You recall nothing? 03:57:04
21 A I recall that I gave her instructions. I
22 don't remember anything specifically right now.
23 You're asking me for the first time in six, eight
24 weeks, or six weeks, and all I recall is that 405
25 homeless fencing off matter, that we discussed 03:57:38
Page 148
Veritext Legal Solutions 866 299-5127 1 earlier, instructing her to make sure where the
2 meeting took place, I believe.
3 Q But that was before March 17th?
4 A I believe there was a follow-up after that I
5 talked to her about. But, yeah, I don't remember 03:57:52
6 anything specific after March 17th, as I sit here
7 today.
8 Q Are you familiar with how BAA memberships
9 work? For example, if you pay your BA -- BAA
10 membership, is that a yearly membership? 03:58:19
11 A Yes, it's an annual membership --
12 Q And --
13 A -- annual membership dues, yes.
14 Q Is it good for a full calendar year?
15 A It's good for 12 months from your month of 03:58:33
16 renewal.
17 Q So if you renew, for example, on January 2 of
18 a given year, when is your next payment due?
19 A I believe it's January the following year.
20 Q January what? 03:58:54
21 A I don't know. Sometime in January, whenever
22 Yasmin sends out the invoices. She did them
23 monthly.
24 Q Is it a 365 day year? In other words, if you
25 pay your membership dues on January 15, would they 03:59:09
Page 149
Veritext Legal Solutions 866 299-5127 1 be due January 15 of the following year?
2 A I don't believe so. I believe it's a 12
3 month year, not a specific number of days.
4 Q So, for example, if you paid January 30 of
5 one year, your membership dues would be due on what, 03:59:25
6 what day the next year?
7 A I believe January 30 the next year.
8 Q Okay. Are you -- other than Marcia Hobbs,
9 perhaps, let's leave her aside, are you aware of the
10 Bel-Air Association ever expelling a member for not 03:59:50
11 paying renewal membership dues by the exact 365th
12 day after the last dues were paid?
13 A I, personally, am not.
14 Q Did -- strike that.
15 Were you at the Bel-Air Association office 04:00:22
16 the night -- not the afternoon now, because I know
17 you said you were there until about 3:00 o'clock on
18 March 17, but were you there the evening of March
19 17, 2016?
20 A Yes. 04:00:38
21 Q What brought you there at that time?
22 A Someone had told me, who had attended Fred's
23 meeting on March 17th, that he had told the group,
24 people who attended the meeting that he was going to
25 change the locks. 04:01:00
Page 150
Veritext Legal Solutions 866 299-5127 1 Q Who told you that?
2 A A neighbor of mine.
3 Q Does that person have a name?
4 A That person has a name, yes.
5 Q What is that person's name? 04:01:09
6 A Pat Nation.
7 Q Pat what?
8 A Pat Nation.
9 Q "Nation"?
10 A Her last name is "Nation," like the Nation of 04:01:15
11 the United States, yes.
12 Q And, as a result of that, did you go to the
13 BAA office the night of March 17?
14 A Yes.
15 Q And what was your purpose in going there? 04:01:33
16 A To stop by to on my way to dinner with my
17 fiance to belatedly celebrate her birthday to see
18 whether that was even possible. Pat had told me she
19 didn't think that Fred was -- meant what he said.
20 Q Did you find it unusual that the Board of the 04:01:59
21 BAA would want to take possession of the BAA's
22 office?
23 A I found it extremely odd and disturbing that
24 people who held a clearly illegal meeting would
25 break into an office. 04:02:23
Page 151
Veritext Legal Solutions 866 299-5127 1 Q When you arrived at the Bel-Air Association
2 office the night of March 17, 2016, or some time
3 after you arrived, but while you were still there,
4 did you call the police?
5 A Yes, I did. 04:02:57
6 Q What did you say?
7 A I said that people had broken into the
8 office.
9 Q What did they say?
10 A They said that they would send someone. 04:03:07
11 Q Did they?
12 A Yes, they did.
13 Q Do you know the name of the person they sent?
14 A I don't remember the name.
15 Q Did you speak with the person? 04:03:21
16 A Yes, I spoke with several officers.
17 Q What did you say?
18 A I told them that the security guards that
19 Fred had posted were preventing my access to the
20 office, and that they had broken in and changed the 04:03:39
21 locks, and that Fred and Marcia Hobbs and Dan Love
22 and Eric George had been in the office without
23 permission, and they left when I was calling the
24 police.
25 Q Did you ask for any relief from the police? 04:03:58
Page 152
Veritext Legal Solutions 866 299-5127 1 Did you ask them to do anything?
2 A Yes.
3 Q What did you ask them to do?
4 A I asked them to remove those people, the
5 security guards that Fred left behind when he ran 04:04:13
6 away, and remove them from the property.
7 Q Did the police do that?
8 A No, they did not.
9 Q Did they tell you why they didn't?
10 A Yes. 04:04:28
11 Q What did they say?
12 A They said that they viewed it as a civil
13 dispute and that they needed a Court Order in order
14 to know who had rightful possession of the office.
15 Q And you sought a Court Order? 04:04:41
16 A That's what I'm doing now.
17 Q Actually, the BAA or Ron Hudson, at least,
18 did that before; right?
19 A That's true.
20 Q And the Courts rejected it in its entirety; 04:04:54
21 right?
22 A No, that's not true.
23 Q No? Really? The Court -- did Ron Hudson --
24 well, let me strike that.
25 Did you attend the -- a hearing before Judge 04:05:04
Page 153
Veritext Legal Solutions 866 299-5127 1 Karlan on or about March 23 of 2016?
2 A I don't remember the specific date, but it
3 was around that time, yes.
4 Q And your lawyer, Mr. Woog, was there with
5 you; correct? 04:05:25
6 A That's correct.
7 Q And Mr. Hudson was there?
8 A That's correct.
9 Q And Mr. Woog made some arguments to the
10 Court; correct? 04:05:34
11 A Yes, he did.
12 Q And so did you?
13 A So did I.
14 Q And Judge Karlan, after hearing preliminary
15 arguments -- 04:05:39
16 By the way, when you made arguments to the
17 Court to Judge Karlan at that TRO hearing, in what
18 capacity were you appearing?
19 A I was appearing as Secretary and General
20 Counsel of the Bel-Air Association. 04:05:59
21 Q I see. And after you argued to Judge Karlan,
22 he recused himself; correct?
23 A That's correct.
24 Q And then the Judge to whom the case was
25 reassigned was Judge Beckloff; correct? 04:06:13
Page 154
Veritext Legal Solutions 866 299-5127 1 A Yes.
2 Q And you and Mr. Woog and Mr. Hudson appeared
3 the following day before Judge Beckloff; correct?
4 A Yes.
5 Q And you sought half a dozen different items 04:06:23
6 as part of a TRO; correct?
7 A I don't remember how many items, if it was a
8 half dozen, somewhere four to six.
9 Q Yeah, the latter. And each --
10 A Well, I don't have the document so -- 04:06:40
11 Q And each one was rejected?
12 A You're not showing me the document.
13 Q Each TRO request was rejected; correct?
14 A No.
15 Q Okay. 04:06:50
16 MR. WOOG: That's your testimony.
17 THE WITNESS: That's my testimony; that's
18 correct.
19 BY MR. WOLPERT:
20 Q How many were granted? 04:06:53
21 A They were neither denied nor granted. They
22 were put off for an Order to Show Cause Hearing.
23 Q It's your testimony that an Order to Show
24 Cause is no different than a TRO? Aren't they two
25 different things? 04:07:15
Page 155
Veritext Legal Solutions 866 299-5127 1 A I didn't say they were the same thing.
2 Q Okay. What happened is you lost the TRO, and
3 in its entirety, and the matter was set for an OSC
4 for a preliminary injunction; correct?
5 MR. WOOG: I'll object as argumentative. 04:07:31
6 THE WITNESS: Yeah, I was just going to say
7 that's your argument, not my testimony.
8 BY MR. WOLPERT:
9 Q Is that correct?
10 A That's not correct. 04:07:33
11 Q Okay. What role did you play in
12 disqualifying Judge Beckoff after you lost at the
13 TRO hearing?
14 MR. WOOG: Instruct in terms of
15 attorney/client privilege not to answer. 04:07:59
16 BY MR. WOLPERT:
17 Q What role did you play, if any, in preparing
18 the proxies for the June 30, 2015 meeting?
19 A I played no role in preparing the proxies for
20 the June 30, 2015 annual meeting of members. 04:08:38
21 Q If I ask you any questions about your
22 communications with Jeff Kaplan pertaining to the
23 March 30th -- the March 17, 2016 meeting, will you
24 instruct not to answer?
25 MR. WOOG: I think it depends on what 04:09:03
Page 156
Veritext Legal Solutions 866 299-5127 1 capacity they were having the discussion in. If
2 they are having -- if he was asking Bruce's advice
3 or Bruce was giving advice as Counsel for the BAA,
4 yes, I'm going to instruct him not to answer. He
5 may have had other conversations with him, I don't 04:09:17
6 know.
7 BY MR. WOLPERT:
8 Q Have you had any discussions with Jeff Kaplan
9 regarding the March 17, 2016 special meeting?
10 A I believe so. 04:09:31
11 Q What did you discuss with him?
12 A I don't recall anything specific.
13 Q No recollection whatsoever?
14 A No, not no recollection. I recall that I --
15 I had a few discussions with him, at least. 04:09:43
16 Q But can you recall what was said?
17 MR. WOOG: I think you can -- you can answer
18 to the extent that that communication was not
19 provided to you or you weren't providing
20 communications to Mr. Kaplan in your capacity as 04:10:02
21 General Counsel.
22 THE WITNESS: Yeah, and I'm trying to think,
23 and I think that's the case. I'm trying to think
24 through all that I recall right now, and it all
25 pertained to legal advice relating to the invalidity 04:10:13
Page 157
Veritext Legal Solutions 866 299-5127 1 of the meeting and -- and work product. I can't
2 think of anything right now that wouldn't fall into
3 those categories.
4 BY MR. WOLPERT:
5 Q Do you know who Chris is, somebody Chris at 04:10:30
6 C.A. Realty?
7 A That's Chris Hameetman's e-mail address.
8 Q He's a realtor?
9 A No, I don't believe so. I don't know.
10 Q Do you know why his e-mail address is at C.A. 04:10:42
11 Realty?
12 A No, I do not know.
13 Q Who is David Gershwin?
14 A He is a publicity person, I believe, P.R.
15 type person. 04:11:01
16 Q For Jeff Kaplan?
17 A I'm sorry?
18 Q For Jeff Kaplan?
19 A No, not for Jeff Kaplan.
20 Q What dealings have you had with David 04:11:13
21 Gershwin?
22 A I participated in some meetings with him and
23 others on the Board regarding publicity matters.
24 Q What was discussed with him, in particular?
25 A His retention, strategy for dealing with all 04:11:31
Page 158
Veritext Legal Solutions 866 299-5127 1 the lies that were coming from your clients and Fred
2 Rosen. Well, Fred is your client, but -- Fred, who
3 leads all of your clients who are Defendants.
4 Q Well, I'll move to strike the nonresponsive
5 speculation. 04:11:56
6 A You asked me what we discussed. That's what
7 we discussed. You can strike whatever you want if
8 you don't like the answer.
9 Q Did you engage David Gershwin?
10 A I did not personally. 04:12:14
11 Q Did the Bel-Air Association?
12 A I believe so.
13 Q Did the Bel-Air Association pay David
14 Gershwin?
15 A Not that I'm aware of. 04:12:26
16 Q What was the nature of the engagement?
17 A Or actually I have to correct that. I'm
18 not -- I really don't know whether the Bel-Air
19 Association paid him anything.
20 Q Well, you say they engaged him. Was he 04:12:38
21 working for free?
22 A No, I didn't say that. I said they engaged
23 him. You asked whether he was paid. I don't know
24 whether he was paid.
25 Q What was the nature of the engagement? 04:12:49
Page 159
Veritext Legal Solutions 866 299-5127 1 A Like I said, publicity, P.R.
2 Q How much did the Bel-Air Association agree to
3 pay for that?
4 A I believe it was an hourly rate of in the 250
5 range. That's the best I can recall. I don't have 04:13:07
6 the contract in front of me.
7 Q When was he engaged?
8 A Whatever is on the date of the contract. I
9 don't recall.
10 Q What's your best recollection? 04:13:19
11 A Earlier this year.
12 Q Do you believe that your causing the BAA to
13 pay a P.R. person, Mr. Gershwin in this case, is
14 violative of Judge Cooper's (sic) order?
15 A Of whose order? 04:13:43
16 Q Judge Karlan's order.
17 A No, not at all.
18 Q You think that Judge Karlan's order allowed
19 the candidates who were running to engage a P.R.
20 firm to put out their position and have the BAA pay 04:14:00
21 for it?
22 A That's not what he was engaged for.
23 Q What was he engaged for?
24 A That's what I said earlier, it was to respond
25 to all of the attacks against what the BAA had done 04:14:15
Page 160
Veritext Legal Solutions 866 299-5127 1 by Fred and all of his cult followers, his cohorts.
2 Q Did that include Marcia Hobbs?
3 A Yes, most definitely.
4 Q Did it include Dan Love?
5 A Yes, of course. 04:14:32
6 Q Did it include Maureen Levinson?
7 A No, I don't believe so.
8 Q Did it include Jamie Meyer?
9 A Yes, most definitely. She is his, Fred's,
10 mouthpiece. 04:15:05
11 Q So the BAA hired a P.R. person to discredit
12 Dan Love and Marcia Hobbs and Jamie Meyer and
13 perhaps others?
14 MR. WOOG: Misstates testimony.
15 THE WITNESS: Yeah, I was going to say no, 04:15:26
16 that's not correct. That's not my testimony.
17 BY MR. WOLPERT:
18 Q That's not correct?
19 A That's not correct.
20 Q They were not seeking to discredit Marcia 04:15:32
21 Hobbs?
22 A No.
23 Q Did the P.R. firm put out any work product?
24 A I believe so.
25 Q Was the work product favorable to the then 04:15:58
Page 161
Veritext Legal Solutions 866 299-5127 1 existing Directors of the BAA or the organization?
2 A It was favorable to the organization. It was
3 not favorable or unfavorable to any specific
4 Directors.
5 Q Well, if it was favorable to the 04:16:13
6 organization, then it would necessarily be favorable
7 to the people who ran the organization; isn't that
8 fair to say?
9 A To the people who ran the organization?
10 Q Yes. 04:16:25
11 A That would be fair to say, yes.
12 Q Okay. And would the work product of David
13 Gershwin have been uncomplimentary or negative to,
14 let's say, Marcia Hobbs?
15 A No. 04:16:42
16 Q What did Mr. Gershwin produce? What was the
17 content of his work product?
18 A He provided comments to some communications
19 that members of the Executive Committee had written.
20 Q Which communications? 04:17:04
21 A I don't remember specifically.
22 Q Did Mr. Gershwin provide comment as to any of
23 the half dozen blogs which were shown yesterday to
24 Mr. Hudson?
25 A I don't remember the half dozen blocks that 04:17:19
Page 162
Veritext Legal Solutions 866 299-5127 1 were shown yesterday to Mr. Hudson. There were 40
2 exhibits.
3 Q Why don't you look at them. They are
4 exhibits. Let's look at Exhibits 1 through 7.
5 (Exhibit 1, Exhibit 3, 04:17:33
6 Exhibit 4, Exhibit 5, Exhibit 6, Exhibit 7
7 were marked for identification by the Court
8 Reporter and attached hereto.)
9 THE WITNESS: I have No. 2 already. Well,
10 Exhibit No. 1 has summaries in it, just the first 04:18:46
11 part of several different blog posts.
12 BY MR. WOLPERT:
13 Q So look at 2 through 7. And my question is
14 whether Mr. Gershwin provided input as to any of
15 those Exhibits 2 through 7? 04:19:04
16 A Well, just starting with Exhibit 1, I have
17 looked at the headlines, based on the headlines, I
18 haven't read it, the type is too small, but I don't
19 believe that he provided any input to any of those
20 in Exhibit 1. 04:19:29
21 Now I'll turn to Exhibit 2. I don't believe
22 that he provided any input to the blog post in
23 Exhibit 2.
24 I don't believe that he provided -- "he"
25 being Mr. Gershwin -- provided any input to the blog 04:20:14
Page 163
Veritext Legal Solutions 866 299-5127 1 post in Exhibit 3.
2 As to Exhibit 4, I don't believe that Mr.
3 Gershwin provided any input to that blog post.
4 As to Exhibit 5, I don't believe that Mr.
5 Gershwin provided any input to that blog post. 04:21:14
6 As to Exhibit 6, I do not believe that Mr.
7 Gershwin provided any input on that blog post.
8 And the same as to Exhibit 7, I do not
9 believe that Mr. Gershwin provided any input to that
10 blog post. 04:22:01
11 So I do not believe that Mr. Gershwin
12 provided any input to any of the blog posts in any
13 of Exhibits 1 through 7.
14 Q What communications did he provide advice
15 concerning? 04:22:15
16 A I don't remember specifically.
17 Q In early -- the first quarter of 2016, did
18 the BAA come up with a welcome letter to new
19 members?
20 A I don't know if it came up with one or 04:22:36
21 resurrected one, I don't recall.
22 Q Did Mr. Gershwin provide any advice
23 concerning that welcome letter?
24 A I don't believe so.
25 Q Was that welcome letter designed as a sales 04:22:53
Page 164
Veritext Legal Solutions 866 299-5127 1 pitch about how good the BAA is?
2 A I wouldn't describe it that way.
3 Q Have you ever heard anybody describe it that
4 way?
5 A No. 04:23:06
6 Q Okay.
7 A Only you just now.
8 Q I'm sorry?
9 A Just now.
10 Q Who is Kristin Lonner? 04:23:14
11 A Kristin Lonner, she is a land use consultant.
12 Q Who are her clients, to the extent you know?
13 A I don't know who her current clients are.
14 Q Mostly residents? Mostly developers? How
15 would you describe her client base, to the extent 04:23:39
16 you know?
17 A I said I don't know. I don't know.
18 Q What communication have you had with Ms.
19 Lonner concerning the BAA?
20 A In what time frame? 04:23:51
21 Q In the last year.
22 A Communications regarding positions and
23 communications from the Bel-Air Association
24 regarding land use issues and also meetings with
25 project applicants on projects in Bel-Air on behalf 04:24:28
Page 165
Veritext Legal Solutions 866 299-5127 1 of the Bel-Air Association.
2 Q What advice did she provide concerning BAA
3 positions?
4 A On which project? On which matter?
5 Q How many times did you consult her? 04:24:38
6 A I don't remember.
7 Q Did you pay her? Did the BAA pay her?
8 A Yes.
9 Q Do you remember which project she was paid
10 on? 04:24:53
11 A She wasn't paid on a per project basis. And,
12 in fact, she wasn't paid. It was her firm that was
13 paid, and it wasn't on a per project basis.
14 Q Did you have any communications with her
15 concerning the dispute as to the running of the BAA? 04:25:15
16 A I assume you're referring to Fred and your
17 other clients, and the answer is no.
18 Q Okay. I don't know why you keep inserting
19 one particular member, but that's not my question.
20 My question is what I asked. So here is my question 04:25:40
21 again.
22 Did you have any communications with Kristin
23 Lonner concerning the subject matter of your
24 lawsuit --
25 A Well -- 04:25:55
Page 166
Veritext Legal Solutions 866 299-5127 1 Q -- any of the subject matters?
2 A You said, I don't know why you keep inserting
3 Fred's name --
4 Q My question is my question. Do you need it
5 to be reread? 04:26:05
6 A Can I finish my answer?
7 Q No, because it's not an answer.
8 MR. WOOG: Counsel --
9 THE WITNESS: Want me to walk out?
10 MR. WOLPERT: Walk out and face the 04:26:12
11 consequences. I asked you a question and --
12 MR. WOOG: Let's just have the question read
13 back.
14 MR. WOLPERT: Fine.
15 MR. WOOG: Okay. Let's have the question 04:26:20
16 read back, and let's see what it is. I think I've
17 lost it by now.
18 (Record read as follows:
19 "Did you have any communications with
20 Kristin Lonner concerning the subject matter 04:25:52
21 of your lawsuit, any of the subject
22 matters?")
23 MR. WOLPERT: That's the question.
24 THE WITNESS: Concerning my lawsuit?
25 MR. WOOG: I'll object as vague. Which 04:26:56
Page 167
Veritext Legal Solutions 866 299-5127 1 lawsuit are we talking about?
2 MR. WOLPERT: Do you need it reread a third
3 time?
4 THE WITNESS: No, I need you to tell me what
5 lawsuit you're talking about, and confirming that I 04:27:06
6 heard it correctly, if you could just do me that
7 courtesy.
8 BY MR. WOLPERT:
9 Q How many lawsuits did you bring?
10 A Against Fred and his cohorts? 04:27:13
11 Q How many lawsuits did you bring concerning
12 the BAA?
13 A One.
14 Q Okay. Then that would be the one I'm talking
15 about. 04:27:26
16 MR. WOOG: Well, he also was involved in
17 defending another lawsuit, too, so I don't know what
18 lawsuit you're talking about.
19 THE WITNESS: I never discussed this current
20 lawsuit, which is the only lawsuit I've brought 04:27:38
21 regarding the Bel-Air Association, with Kristin
22 Lonner.
23 BY MR. WOLPERT:
24 Q Did you discuss the Ron Hudson lawsuit with
25 her? 04:27:49
Page 168
Veritext Legal Solutions 866 299-5127 1 A No.
2 Q Did you discuss the Marcia Hobbs lawsuit with
3 her?
4 A I don't believe so.
5 Q Who is Jason Somers? 04:27:56
6 A He is a developer/representative who has his
7 own firm.
8 Q What sort of work does he do?
9 A I believe he represents developers in
10 entitlements before the -- applications before the 04:28:16
11 Planning Department and applications before the
12 Department of Building and Safety in the City of
13 L.A., as well as the City of Beverly Hills, and
14 other cities for his clients.
15 Q When did you most recently communicate with 04:28:28
16 him?
17 A Two weeks ago.
18 Q What was -- what did you discuss during that
19 communication?
20 A There was no discussion. 04:28:40
21 Q What was the communication?
22 A He said hello to me, and I said hello back to
23 him.
24 Q Where was that?
25 A That was at the Bel-Air Beverly Crest 04:28:48
Page 169
Veritext Legal Solutions 866 299-5127 1 Neighborhood Council Planning and Land Use Committee
2 meeting attended by two of your clients, Dan Love
3 and Maureen Levinson.
4 Q Did you have any communications with Mr.
5 Somers about the subject matter of your present 04:29:06
6 lawsuit?
7 A No, never.
8 Q Who is Renee -- I'll spell this last name
9 S-c-h-i-l-l-a-i-c?
10 A Renee Schillaci is Susan Disney Lord's 04:29:23
11 representative on her plan approval application for
12 renewal and amendment of her conditional use permit
13 to sell alcoholic beverages at the Bel-Air Bar and
14 Grill.
15 Q Did you communicate with her about any of the 04:29:49
16 subject matters referenced in your lawsuit, your
17 present lawsuit?
18 A I don't believe so.
19 Q And the answer was the same as for Jason
20 Somers? 04:30:06
21 A The answer for Jason Somers was an absolutely
22 no.
23 Q No, you did not communicate?
24 A That's correct.
25 Q Who is Larry Gray? 04:30:13
Page 170
Veritext Legal Solutions 866 299-5127 1 A Could you spell the last name?
2 Q Gray, G-r-a-y.
3 A I'm not sure I'm familiar with that name. It
4 doesn't ring a bell right now.
5 Q Did the BAA consult any P.R. firms, other 04:30:29
6 than the one for which Mr. Gershwin works?
7 A I don't believe so.
8 MR. WOLPERT: I'd like to show you a document
9 marked as Exhibit 48. Take as much times as you
10 need to review it, and after you've done so, please 04:31:50
11 let me know and I'll have some questions for you on
12 it.
13 (Exhibit 48 was marked for
14 identification by the Court Reporter and
15 attached hereto.) 04:34:18
16 THE WITNESS: This appears to be a privileged
17 communication and I'd like to take a break to
18 discuss this document with my attorney to discuss
19 that issue.
20 MR. WOLPERT: Okay. 04:34:28
21 VIDEO OPERATOR: Off the record?
22 MR. WOLPERT: We can go off the record, yeah.
23 VIDEO OPERATOR: We're now going off the
24 record. The time is 4:34 p.m.
25 (Recess.) 04:42:16
Page 171
Veritext Legal Solutions 866 299-5127 1 VIDEO OPERATOR: We are now back on the
2 record. The time is 4:42 p.m.
3 THE WITNESS: So I have reviewed Exhibit 48,
4 as you requested.
5 BY MR. WOLPERT: 04:42:25
6 Q Okay. And did you first see this on or about
7 the date that it bears, February 10, 2016?
8 A I don't know.
9 Q What's your recollection of when you first
10 saw it? 04:42:46
11 A I don't recall whether I ever saw it before.
12 Q Well --
13 A The page 1, obviously. I mean, obviously I
14 wrote the e-mail on page 2.
15 Q Yeah, it says from Bruce Kuyper on page 2. 04:43:01
16 A Not on page 1 it doesn't.
17 Q On page 2.
18 A Yeah, and I'm telling you -- I'm clarifying
19 my answer. I've never seen page -- I don't know
20 that I saw page 1 before. I don't know that I read 04:43:13
21 it. I'm sure I received it, but I receive a lot of
22 e-mails. I don't read them all. I lost track.
23 Q You're not disputing that Jeff Kaplan
24 included you on the e-mail chain that he wrote on
25 February 10, 2016 at 8:53 a.m., are you? 04:43:30
Page 172
Veritext Legal Solutions 866 299-5127 1 A No.
2 Q Looking at the first sentence of the second
3 paragraph, where it says, bottom line, "The letter
4 should be a short 'sales pitch'," and sales pitch is
5 in quotes, "about how good the BAA is," close quote. 04:43:50
6 Does that refresh your memory as to whether anybody
7 ever told that you, the BAA's welcome letter to new
8 members should be welcomed as a sales pitch?
9 A No.
10 Q Do you see where Mr. Kaplan says -- and, by 04:44:08
11 the way, in -- in Mr. Kaplan's e-mail of February
12 10, at 8:53 a.m., he starts out by saying,
13 "Bruce," -- first of all, have you seen that?
14 A "Bruce/Kristin" is what I see.
15 Q And you understand that "Bruce" to be you; 04:44:30
16 correct?
17 A Yes.
18 Q And you're saying you ignored that, you
19 didn't read it?
20 A I don't know that I ignored it. I just don't 04:44:39
21 recall whether I read it or not. I probably did,
22 but I don't recall that as I sit here almost three
23 months later.
24 Q You recall four of the conditions on the
25 Bel-Air Bar and Grill from much earlier than that, 04:44:54
Page 173
Veritext Legal Solutions 866 299-5127 1 but you don't recall this letter from Mr. Kaplan
2 more recently?
3 A Absolutely. That's absolutely consistent in
4 my view, because I spent a lot of time reviewing
5 that Bel-Air bar and Grill application. I spent 04:45:07
6 time with Dan Love when he was nice to me, and Gary
7 Plotkin from the Neighborhood Council, former
8 President of the Neighborhood Council, and Pat
9 Nation outside the Bel-Air Bar and Grill, and we
10 went over those four conditions. I spoke about them 04:45:28
11 at the Planning and Land Use Committee of the
12 Neighborhood Council. I spoke about them at the
13 Neighborhood Council. I worked on them with Ron and
14 Paulette and Renee Schillaci and Susan Disney Lord
15 and other people, so absolutely that's consistent. 04:45:49
16 MR. WOOG: For the record, I think this is an
17 e-mail, and not a letter.
18 And, Counsel, I have a question for you. On
19 page 3 of Exhibit 48, there is a -- it looks likes a
20 piece of an e-mail addressed from Jennifer Wolber to 04:46:04
21 Andrew Skale. Mr. Kuyper's name is on that. Is
22 this an inconsistent string or did someone piece
23 these together?
24 MR. WOLPERT: I don't know the answer to
25 that. 04:46:19
Page 174
Veritext Legal Solutions 866 299-5127 1 MR. WOOG: I'm sorry?
2 MR. WOLPERT: I don't know the answer to
3 that.
4 THE WITNESS: That was my concern about the
5 privilege, is why is Mince Levin on the last page of 04:46:27
6 this exhibit.
7 BY MR. WOLPERT:
8 Q Why wouldn't they be? Anyway --
9 A You gave me the exhibit, so you should know.
10 Q No, I said why wouldn't they be? I don't get 04:46:40
11 your question?
12 A Why are attorneys Mince Levin --
13 Q This is your deposition.
14 A What's the question, Counsel?
15 Q Do you see on page 1, the first page of this, 04:46:56
16 it's not numbered 1, but the first page of this
17 where it says -- Mr. Kaplan writes to you, and he
18 says, "I think we 'play stupid' about why they have
19 joined and merely send a nice welcome letter," and
20 it goes on. Do you see that? 04:47:17
21 A I see where that is written, yes.
22 Q Do you recall ever communicating with Mr.
23 Kaplan about playing stupid with new members to the
24 BAA?
25 A No, I don't. 04:47:30
Page 175
Veritext Legal Solutions 866 299-5127 1 Q Let's look at the third page, the last --
2 strike that.
3 Let's look at the second paragraph on the
4 third page, and this is your writing; right?
5 A Correct. 04:47:54
6 Q And starting with the second sentence you
7 say, "We should be careful not to tell them whom to
8 vote for at this stage and just tell them to vote."
9 Do you see that?
10 A Yes. 04:48:09
11 Q Okay. Now, who is the "whom"? Does that
12 mean new members who have just recently joined the
13 BAA?
14 A Well, now I have to read this to -- yeah. It
15 would be new members. 04:48:36
16 Q And then you say, "Candidates like me will
17 have to tell them, meaning the new members,
18 separately whom to vote for." Do you see that?
19 A Yes.
20 Q What do you mean by that? 04:48:47
21 A Meaning I get to go talk to people, write to
22 people, contact people with my contact list, not
23 with Bel-Air Association resources, as we all know
24 is in Judge Karlan's order, and tell them who I
25 think they should vote for. 04:49:08
Page 176
Veritext Legal Solutions 866 299-5127 1 Q Why would you telling them whom to vote for?
2 A Because I would be campaigning.
3 Q And didn't you get that contact information
4 through your role at the BAA as an Officer and
5 Director? 04:49:22
6 A No, I did not, absolutely not.
7 Q Didn't you meet people through that role, get
8 to know them?
9 A Not through that role, no. I told you
10 earlier I developed my own e-mail list of my 04:49:40
11 neighbors before I got involved in the BAA as a
12 Director.
13 Q Did you ever meet anybody in your -- after
14 you became a Director of the BAA who you didn't know
15 before who lives in Bel-Air? 04:49:55
16 A Yes, fellow Directors; that's about it.
17 Q Who else?
18 A Kristin Lonner, Kimberlina. I mean, these
19 are not members.
20 Q Which members? 04:50:21
21 A I'm sorry?
22 Q Which members? Who did you meet who lives in
23 Bel-Air after you became an Officer Director who you
24 did not previously know?
25 A Most of the people on the Board I did not 04:50:32
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Veritext Legal Solutions 866 299-5127 1 know previously, although I knew some of them. A
2 couple of project applicants.
3 Q Which ones are those? Who was that?
4 A Michael Chen, a Dr. Oh.
5 Q Dr. Oh? 04:51:08
6 A Yes, he's -- Korean name.
7 Q "O" like "O," the letter "O"?
8 A "O" as in O-h. It's a Korean name.
9 Q O-h?
10 A Yes. 04:51:20
11 Q Who else?
12 A Barry Watts, Gavin Broden, Jason Somers. I'm
13 sorry, he's not a member. That's all I can think of
14 right now.
15 Q How often have you dealt with Dan Love? 04:51:51
16 A In what time frame?
17 Q Ever.
18 A Well, it used to be often, and now it's nil.
19 Q Do you consider him to be a reasonable
20 responsible person? 04:52:13
21 A Absolutely not, but I used to.
22 Q What changed?
23 A He became nasty to me for unknown reasons.
24 Q Did you become nasty to him?
25 A No, I don't believe so. 04:52:29
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Veritext Legal Solutions 866 299-5127 1 Q Do you use the term, quote, "Sweet missives,"
2 close quote? Is that a term you like to use?
3 A Yes.
4 Q And --
5 A In a sarcastic sense, yes. 04:52:46
6 Q Yes. In fact, you take pride in sending
7 sweet missives in the sarcastic sense to people;
8 correct?
9 MR. WOOG: I'll object as argumentative.
10 THE WITNESS: I wouldn't say that at all, 04:53:02
11 except when it comes to Fred Rosen that may be a
12 correct statement. He's a very unique miserable
13 individual that I have never come across in my life
14 and hope never to.
15 MR. WOLPERT: Okay. I don't have any further 04:53:20
16 questions for you.
17 Before we go off the record, obviously, Phil,
18 we spoke on the record and -- and obviously we're
19 going to need those documents. I understand it was
20 an oversight on your part, that mistakes happen, 04:53:34
21 but, you know, obviously we're going to need those.
22 We may have questions that stem from them, and, you
23 know, we may, so I understand you're going to
24 provide them as soon as possible.
25 MR. WOOG: Correct. 04:53:49
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Veritext Legal Solutions 866 299-5127 1 MR. WOLPERT: And we will just see where that
2 goes. I mean, we may obviously seek to adjust the
3 schedule for filing things, since they were supposed
4 to be here today, but I appreciate you're
5 undertaking to send them as soon as you can. 04:54:01
6 And what -- what stipulation -- I think
7 yesterday we said two weeks from the date that you
8 get the depo. Is -- is that same schedule good or
9 what's --
10 MR. WOOG: That same schedule is fine. 04:54:18
11 You're not planning on going anywhere, are you,
12 Bruce?
13 THE WITNESS: Not at the present time, no.
14 MR. WOLPERT: And can we have the same
15 stipulation as yesterday? 04:54:31
16 MR. WOOG: Yes.
17 MR. WOLPERT: Okay. Thank you, Mr. Kuyper,
18 for coming. If you guys have validations, we're
19 happy to validate.
20 MR. WOOG: Thank you. 04:54:38
21 MR. WOLPERT: And I guess that's about it.
22 VIDEO OPERATOR: This concludes the video
23 deposition of Bruce Kuyper. The time is 4:54 p.m.
24 (TIME NOTED: 4:54 p.m.)
25
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Veritext Legal Solutions 866 299-5127 1 I, BRUCE KUYPER, do hereby declare under 2 penalty of perjury that I have read the foregoing 3 transcript; that I have made any corrections as 4 appear noted, in ink, initialed by me, or attached 5 hereto; that my testimony as contained herein, as 6 corrected, is true and correct. 7 Executed on this ______day 8 of______, 2016, at ______, 9 California. 10 11 12 13 14 ______15 BRUCE KUYPER 16 17 18 19 20 21 22 23 24 25
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Veritext Legal Solutions 866 299-5127 1 I, the undersigned, a Certified Shorthand 2 Reporter of the State of California, do hereby 3 certify: 4 That the foregoing proceedings were taken 5 before me at the time and place herein set forth; 6 that any witnesses in the foregoing proceedings, 7 prior to testifying, were duly sworn; that a record 8 of the proceedings was made by me using machine 9 shorthand which was thereafter transcribed under my 10 direction; that the foregoing is a true record of 11 the testimony given. 12 Further, that if the foregoing pertains to 13 the original transcript of a deposition in a Federal 14 Case, before completion of the proceedings, review 15 of the transcript [ ] was [ ] was not requested. 16 I further certify that I am neither 17 financially interested in the action nor a relative 18 or employee of any attorney of party to this action. 19 IN WITNESS WHEREOF, I have this date 20 subscribed my name. 21 Dated: April 29, 2016 22 23 <%signature%> 24 KIM L. HEATH CSR No. 7011 25
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ballot 6:20 72:14 behalf 3:6 52:1 18:4,17 20:12 24:13 158:9,14 159:12 115:14 118:15 59:13,16 60:8,9 27:9,15,15,19,25 160:4,12 161:7,24 129:16,19 165:25 28:7 29:6,8,10,21 163:19,21,24 164:2 ballots 128:11,15 behaving 148:4 30:2 32:8,20 34:5 164:4,6,9,11,24 bank 49:4 86:4 behavior 121:24 35:1,20,25 36:6,17 169:4,9 170:18 bar 43:2 48:23 bel 1:8 2:8 3:6,7 36:19 37:2 38:9 171:7 178:25 50:12 51:5,11,18 4:12,13 6:17,21 7:7 40:6,12,15 42:5 believed 50:23 52:16,22 53:12,15 7:15,16,17,18,19,20 43:16 44:2,5,6,25 101:9,14 102:3 170:13 173:25 7:21,22,23 8:12,20 45:21,23 46:1 47:19 believes 28:21 174:5,9 10:14,19 17:2,8 47:23 49:3 50:15,24 136:24 barely 38:4 24:8,23 25:21 26:17 52:11,19 53:6 54:18 bell 171:4 barry 178:12 26:20 27:2 28:4,15 54:19 55:5 56:9 bellagio 11:10 29:6 base 20:22 107:12 28:16,20 30:24 37:8 57:8,16 58:10,12,22 belson 6:23 19:19 165:15 37:14,24 38:1,7,15 59:10,20 60:11 19:25 20:7,23 21:10 based 41:2 51:12,13 41:1 42:3,10 43:2 61:23,23 62:24 63:9 21:22 22:15 25:8,23 52:3,5,18 75:13 43:23 45:10 48:23 63:18 64:2,10 65:5 26:19 29:8,20 34:4 99:23 101:25 48:23 49:5 50:12,15 65:6 66:4,7 67:15 145:24 146:7,9,10 104:18 110:7 50:20 51:5,11,18 69:4,20,25 73:10,12 146:25 147:11 113:19 114:2,4 52:1,16,22 53:12,15 73:13 74:11,15,17 berkoff 111:14,15 122:15 124:8 126:9 56:11 59:13,17 74:24 79:9 80:4,5,7 112:2 133:23 148:10,11 60:14 61:14 64:11 80:9 81:18,18 84:10 best 24:17 28:2 163:17 65:11,16,18 76:14 88:15 89:8 91:17 52:15 160:5,10 basically 14:6 76:22 78:8 83:12 92:23,25 93:2 94:25 better 99:18 103:21 basis 116:22 166:11 84:8 85:10 94:4,5,6 95:5,7,8 97:24 98:4 beverages 170:13 166:13 97:18 107:21 98:9,11,20,21 99:2 beverly 169:13,25 bates 95:18 96:17 109:13,19 123:16 101:13,18 102:3,6 beyond 60:2 97:18 118:18 125:5,6,17 133:9 105:24 106:4,23 bgrfirm.com 4:20 bc 1:7 2:7 135:15,19 139:25 107:6 109:5,18 bho 64:7 bc616011 10:13 143:1,5,18,24 110:8,24 113:20 biased 14:6 bears 76:8 172:7 144:14,17 145:5,7 114:13 115:11,22 big 50:14 51:22 beckloff 154:25 146:12,14 147:2,21 117:14 118:6,15 billionaires 29:14 155:3 150:10,15 152:1 119:10,10,16,21 birthday 151:17 beckman 119:6 154:20 159:11,13 120:5 122:16,20,22 blocks 162:25 121:16 122:14,15 159:18 160:2 123:3 124:6 125:11 blog 7:15,16,17,18 122:22 123:5,10 165:23,25 166:1 127:3,25 128:12,17 7:19,20,21,22 37:12 132:6 168:21 169:25 129:1,20,23 130:24 69:6,19,22,23 70:1 beckoff 156:12 170:13 173:25 131:7,25 132:23 97:6,9,22 98:5,14 becoming 15:21 174:5,9 176:23 133:18,22 134:11 163:11,22,25 164:3 103:1 112:14 115:6 177:15,23 134:17,20 135:18 164:5,7,10,12 beer 48:25 53:22 belatedly 151:17 136:1,23 137:25 blogs 162:23 54:12 55:25 belief 91:20 101:22 139:11,14 141:24 blue 23:7 beginning 3:9 57:9 148:5,9 143:25 146:11,13 board 14:10 30:23 68:6 147:13 believe 12:10,16 147:3,19,22,25 31:6,7,21 38:3,21 begins 35:10 101:4 13:14,14,17,23 14:5 148:2,17 149:2,4,19 38:22,24,25 39:8,9 15:3,19,19,23,24 150:2,2,7 157:10 39:11,21 40:10,15
Page 5 Veritext Legal Solutions 866 299-5127 [board - choosing]
41:11,12,19 42:9,16 136:24 147:21 74:21 75:17 83:9 cashed 73:17 42:19 45:3,4,8,12 148:1 151:20 93:14 103:15 104:8 categories 158:3 45:17,21 46:5,6,6 158:23 177:25 104:21 108:24 cause 155:22,24 46:12,15,16,17,19 bookkeeper 74:6,7 126:11 134:14 caused 86:5 120:11 46:22,22 47:3,4,14 134:18,24 141:11 c causing 160:12 47:15,15,18,23,23 bookkeeper's 135:4 ceased 119:17 c 113:6 118:5 170:9 48:1,2,3,4,6,6,17 bookkeeping 135:7 celebrate 151:17 170:9 49:12 51:3,9,13,14 borderline 140:6,18 center 10:10 102:25 c.a. 158:6,10 51:17,23 56:1,5,7 bottom 70:5 173:3 central 1:2 2:2 cabinet 66:12 56:10,12,16,22 57:2 bought 121:13 century 37:1 134:15 128:23 58:4,21,22 59:3,4,7 boulevard 4:7 54:11 certain 102:17 calendar 149:14 59:10,11,13 63:4,7 bound 143:8,11 certainly 31:1 83:7 california 1:1,16 2:1 63:11,12 64:1,21 break 68:16 70:4,7 133:25 141:22 3:9 4:8,18 10:1,8,11 66:2,15,21 75:2,7 130:14 133:19 144:21 11:11 42:8 139:2 75:15,17,20 76:21 151:25 171:17 certified 3:11 182:1 181:9 182:2 79:20 80:6,9,15,16 breaking 140:8 certify 182:3,16 call 107:20,20 80:18,23,24 81:2 briefing 86:22 87:18 cetera 46:6 122:21 123:2 82:10 85:5,10 86:9 briefly 43:17,20 chain 8:9 172:24 130:23 131:6 152:4 89:13 91:14,15 94:3 145:25 chair 46:6 called 12:24 17:7 94:14 96:3 103:7,13 bring 24:20 25:22 chambers 125:25 20:10 24:23 53:24 104:6,10,12,14 30:17,18 38:19 change 21:19 22:1 122:19,25 143:17 105:11,17,17,21,21 124:14 125:5 168:9 54:15 62:22 150:25 143:23 144:13 106:18,23 107:10 168:11 changed 33:25 145:6 107:11,16,20,21,23 broden 178:12 44:22 152:20 calling 148:1 152:23 108:3,5,11,18,19,20 broke 128:13 178:22 calls 53:19 136:5 108:21 109:19,25 broken 152:7,20 changes 54:19 cameron 133:8,9,16 110:2,5,8,10,21,23 brought 12:23 98:22 characterization cameron's 133:3,16 111:5,16 112:1,2,9 150:21 168:20 29:21 campaigning 177:2 112:14,20 113:5,15 browne 4:14 characterize 29:20 cancelled 62:1,13 113:21 114:10,12 bruce 1:5,15 2:5 3:5 38:10 candidate 96:20 114:23 115:1,3,6,10 6:5,15 10:14,15 charles 119:6 97:21 115:19,21 116:3,7 11:1,8 69:8 79:25 122:15,22,25 candidates 160:19 116:17,19 117:4,5,8 157:3 172:15 check 39:22 73:1,14 176:16 117:10,18,20,22,24 173:13,14,15 73:15,22 74:17 capacity 154:18 117:25 118:1,2,8,13 180:12,23 181:1,15 103:18 121:1 157:1,20 118:16,17,25 119:2 bruce's 157:2 133:19 144:12 capital 20:16 119:4,6,8,18 120:2 build 44:9,15,18 checkbook 134:20 careful 176:7 120:4,4,7,10,12 building 23:21 43:5 134:20 135:7 case 10:13 12:9 121:7,17 123:12,18 43:8,9,13 169:12 checking 91:23 62:21 73:12 84:24 123:20,22,24 124:2 built 44:17 103:22 131:24 94:1 106:22 122:16 124:13,19 125:9 burden 139:11 chen 29:5,7 178:4 129:6 136:3 143:9 130:22,23,24,25 business 44:4 61:5 choose 104:8,11 154:24 157:23 131:5,6,7,8,13,19,21 bylaws 13:18,22,24 chooses 109:20 160:13 182:14 131:22 132:3,4 14:7,14 15:2 32:6 choosing 117:25 135:23 136:2,4,15 41:3,6 42:8 58:3 118:16
Page 6 Veritext Legal Solutions 866 299-5127 [chose - context]
chose 120:10 close 37:8,14 61:14 communication conclusion 21:2,6 chosen 104:9,10,11 143:24 144:17 135:14 141:8 22:7,8,22 104:13,17 145:7 173:5 179:2 157:18 165:18 condition 54:15 chris 40:4 42:1 closed 49:6 123:15 169:19,21 171:17 conditional 48:24 52:12 69:5,21 158:5 club 56:12 communications 53:21 170:12 158:5,7 code 32:6 41:3,8,10 23:10 25:16 26:5 conditions 55:11 christopher 20:9,10 41:11 42:8 79:1,8 33:8 156:22 157:20 173:24 174:10 26:15 79:19 124:9 139:22 162:18,20 164:14 conduct 13:7 circumstances cohorts 125:1 161:1 165:22,23 166:14 conference 42:25 109:16 112:8 168:10 166:22 167:19 43:11 44:7 113:13 115:6,8,9,17 cole 86:8,9,11,19,21 170:4 confident 51:1 116:6 117:3,17 87:1,5,12 company 20:10 confirm 119:12 118:12 collectively 78:9 140:8 confirming 168:5 cities 169:14 column 102:25 compel 125:6 conflict 48:22 49:19 city 53:8,25 55:4,7 combined 96:13 compilation 96:11 49:22 50:1,1,9 169:12,13 come 29:14 72:9 complaint 20:13 51:15,16,23 civil 153:12 138:15 144:9 21:1,22 26:12 35:2 confused 84:22 claim 48:2 59:5 61:4 145:14 164:18 124:12 144:5,6 consequence 124:18 63:5 179:13 complete 15:25 124:21,25 claims 138:8 comes 124:18 completed 16:9 consequences clarify 25:18 34:16 179:11 19:20 31:23 49:7 167:11 72:9 84:16 127:21 coming 48:21 159:1 52:13 consider 30:8 75:7 clarifying 172:18 180:18 completion 86:8 85:9 130:23 131:6 class 106:24,24 commence 42:4 182:14 136:14 178:19 113:6 commencement compound 69:15 considered 75:19 classes 92:8 12:21 145:16 consist 38:20 clean 20:1 comment 162:22 comprehensive consistent 50:19 clear 46:11 70:19 comments 64:6 99:19 174:3,15 72:7,19 83:10 162:18 computer 66:8 constant 121:25 101:24 commit 42:3 132:24 constructed 45:1 clearly 34:22 92:1 committee 31:2 computers 132:15 construction 27:20 139:21 142:2 38:23 40:19,23 41:5 133:2 134:3 consult 80:6 166:5 151:24 41:16,20,22 42:3,19 conceive 140:10 171:5 client 29:1,17,18 45:9,12 47:24 48:5 concern 50:21 62:10 consultant 165:11 51:21 136:6,12 51:24 52:9,21 56:14 175:4 consultation 78:25 139:1 141:20,23 56:23 85:6 162:19 concerned 143:5 contact 176:22,22 142:12 156:15 170:1 174:11 concerning 164:15 177:3 159:2 165:15 committees 45:4 164:23 165:19 contained 101:7 clients 28:14,19,24 communicate 107:7 166:2,15,23 167:20 138:9 181:5 29:2 48:21 49:4 135:12 169:15 167:24 168:11 contains 43:8 86:5 128:13 139:19 170:15,23 conclude 22:3 51:4 content 54:17 144:20 148:3 159:1 communicated 51:10 128:20 162:17 159:3 165:12,13 122:13 concluded 49:20 context 34:13,15,19 166:17 169:14 communicating concludes 180:22 80:13 141:5 170:2 142:2 175:22
Page 7 Veritext Legal Solutions 866 299-5127 [continued - deadline]
continued 5:1 7:1 74:2 76:12 77:18,20 167:8 174:18 custody 64:22,24 8:1 9:1 62:20 77:21 81:25 82:3,4 175:14 custom 48:15 continues 46:22 82:5 83:9,10,25 counsel's 137:9 cynthia 41:25 continuing 107:21 84:1 85:13 88:7,21 counseling 140:17 d contract 160:6,8 88:22 89:5,10 90:7 count 92:5 d 1:5,15 2:5 3:5 6:5 contributed 69:17 91:9,10 92:7,9 counting 100:8 20:16 27:11 135:5 control 64:13,19,23 93:16,24 94:14 127:19 dan 36:5,18 72:22 64:24 98:23,24 100:15 country 56:12 73:13,18 77:19 conversation 24:25 101:18 102:6 103:7 county 1:2 2:2 84:20 111:14,15 122:10,11,24 103:8,11 105:5,6,12 couple 39:7 75:22 112:2 139:16 conversations 25:1 105:13 108:8,9 97:22 139:15 178:2 152:21 161:4,12 157:5 109:2 114:16,19,20 course 28:19 134:18 170:2 174:6 178:15 cooksey 4:4 114:25 116:15 161:5 daniel 2:9 cookseylaw.com 117:23 118:1,2 court 1:1 2:1 10:11 data 100:9 134:2 4:10 123:23 126:5,21 10:21 12:14 14:21 date 19:8 39:2 55:5 cooper's 160:14 127:3 128:4 132:6,9 14:25 18:1,25 21:15 56:6 57:3 58:7 63:2 copied 81:20 132:10,18 134:8 32:15 35:5 62:14,18 76:8 81:24 84:9 copies 18:18 66:6,20 137:15,16,18 62:23 68:21 71:1 90:24 95:25 110:1 67:11 142:16 143:6,7 76:3,18 77:13 81:9 111:2 113:19 114:2 copy 17:18 53:7 145:22 146:5,15,21 83:18 87:15 88:6,8 114:25 123:21 66:3,4,5,9,11 154:5,6,8,10,22,23 89:18 90:16 94:22 124:1,18 126:2,8 corner 27:11 154:25 155:3,6,13 124:14 130:15 154:2 160:8 172:7 corporate 78:15 155:18 156:4,9,10 131:2 153:13,15,23 180:7 182:19 134:17 135:2,10 159:17 161:16,18 154:10,17 163:7 dated 21:22 25:19 143:22 161:19 170:24 171:14 182:21 corporation 41:23 173:16 176:5 179:8 courtesy 168:7 dates 95:17 115:2 65:10 79:1,6 179:12,25 181:6 courts 153:20 david 95:3 98:19 corporation's 32:6 corrected 181:6 create 68:1,11 81:2 111:23 112:1 41:3 correction 132:9 144:6 158:13,20 159:9,13 corporations 41:7 corrections 68:5 created 67:6,7,10,12 162:12 41:10,11 42:8 79:1 181:3 67:23 68:6,9 day 23:8 32:5 62:20 79:8,19 124:9 correctly 118:5 creation 35:14 69:2 65:13 67:14 70:2 139:21 123:22 168:6 76:24 76:15 82:5,13 87:17 correct 12:3 13:4,6 corresponding crest 169:25 88:9 91:8 97:2 13:8,9,22 16:1 110:11 cross 145:1 100:18 130:25 19:12,13 20:17 21:5 costa 4:8 csr 1:23 182:24 131:8,15 135:13 22:20 27:7 33:23 council 170:1 174:7 cult 161:1 149:24 150:6,12 41:4 42:22,23 44:23 174:8,12,13 cup's 23:22,24 155:3 181:7 44:25 45:15 46:1 counsel 10:16 41:25 current 17:13 days 40:12 79:21 47:21 55:2,9,10,22 65:10 78:22 80:20 107:18 165:13 91:17,18,20,24,25 56:20,24,25 58:10 80:25 87:9 101:1 168:19 96:22 97:22 126:11 58:12,13 61:2,21 107:7,13 126:1 currently 27:17 141:12 150:3 65:17,18,20,21 67:9 138:15 141:5 48:14 86:24 deadline 57:21 67:13 71:9 72:15,17 144:10 145:14 custodian 66:25 58:11 72:23,25 73:6,9,10 154:20 157:3,21
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Page 9 Veritext Legal Solutions 866 299-5127 [document - exhibit]
70:23 77:1 78:15,15 duties 65:9,12 elect 8:14 124:19 145:2 82:17 95:18 96:10 e elected 46:12,16 entitlements 44:8,15 96:21 116:18 47:10 92:22 93:1 169:10 e 6:19 7:24 8:9 117:22 118:1,3,8 95:6,9 96:5,7 97:3 entity 143:17,20,23 10:10 11:11 20:16 144:7 155:10,12 98:6,7,10,12,25 144:2,13 145:6 23:9 25:8,14,15,22 171:8,18 103:6,9,10 105:22 entry 100:9 26:14 27:1,11 30:5 documents 12:20,23 105:25 106:2 110:3 equal 94:20 30:15,16,19 40:4,5 13:2,7 18:19 65:14 111:9,11 117:12 equipment 65:24 40:5,10 43:22,22 65:24 66:11 74:25 126:14,20 127:1 eric 122:18,23 62:3,4,8 77:10,16 95:17 99:11 118:16 electing 124:19 139:14 152:22 81:19,20,22 97:4,6 143:22 144:1 election 15:22 21:24 estate 50:25 97:8,22 98:23,23 179:19 22:9 33:17 46:13 estates 10:11 109:11 112:21 doe 144:8 83:11 88:16,17 estimate 89:1 90:9 113:14 118:5,5 doing 107:8 142:12 89:12 113:7,8,11 90:10 91:11 127:7 122:2,3 133:18 153:16 124:24 126:4,7,10 estimation 14:4 135:5,17,17 139:13 dollars 29:13 131:16,18,20 et 1:9 10:14 46:6 139:15,17,17,22 donovan 11:8 electronic 66:9 evening 65:5 75:8 158:7,10 172:14,22 double 103:18 134:2,13,16,19 150:18 172:24 173:11 127:19 135:19 event 24:15,16 174:17,20 177:10 doubt 130:7 142:10 electronically 66:23 94:25 102:18 ear 89:20 dozen 11:23,24 78:1 134:10 everybody 146:22 earlier 17:15 33:24 79:11 155:5,8 elizabeth 2:11 everyday 133:3 41:21 58:6,9,11 162:23,25 113:14 evidentiary 34:7 65:6,25 79:21 84:6 dozens 55:15 elkin 40:3 41:25 evil 140:5,6,11 98:22 100:18 dr 178:4,5 119:4,17 120:7 ex 62:20 103:16 132:22 draft 35:20 45:14 121:1 132:5,7,7 exact 150:11 140:4 145:25 146:1 69:3 101:1 elkins 120:11,11 exactly 71:25 84:11 149:1 160:11,24 drafter 77:4 employee 60:12 122:5,20 133:13 173:25 177:10 drafts 48:13 66:7,8 133:9 182:18 examination 6:4 early 24:13 51:6 draw 21:2,6 22:6,8 encouraged 57:6 11:5 65:5 81:1 164:17 drawer 128:23 ends 123:25 124:2 examined 11:2 easier 99:25 drive 61:15 engage 138:15 159:9 example 149:9,17 edit 37:13 dubey 42:16 62:2 160:19 150:4 edited 35:19,22 69:3 67:3 81:16 101:2 engaged 159:20,22 excluding 135:3 69:10 102:1 107:6,9,13 160:7,22,23 excuse 45:5 edwards 112:9,24 128:22 130:4 engagement 159:16 executed 181:7 effect 125:21 133:20 141:10 159:25 executive 31:1 38:23 efficient 47:16 148:14 enjoin 139:4 140:4 40:19,22,25 41:5,15 eight 148:23 dubey's 134:4 140:25 141:14 41:20,22 42:2,19 either 25:22 35:21 due 149:18 150:1,5 entered 135:20 45:9,12 47:24 48:5 38:22 45:11 47:23 dues 149:13,25 entire 35:16 40:10 52:21 56:14,23 85:6 72:11 73:25 74:4 150:5,11,12 entirety 13:11 162:19 81:16 95:17 129:2 duffy 4:4 153:20 156:3 exhibit 6:14,16,19 139:18 duly 182:7 entitled 6:23 8:20 6:20,23,24 7:6,15 10:13 15:15 144:25 7:16,17,18,19,20,21
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7:22,23,24 8:7,9,10 expeditor 23:16,17 77:11 84:21 172:7 finished 45:20 8:13,16,19,20 12:12 52:7 172:25 173:11 firm 160:20 161:23 12:13 14:16,20 15:2 expelling 150:10 federal 182:13 166:12 169:7 17:22,25 18:22,24 experience 121:6 fell 89:19 firms 134:24 171:5 19:10 21:11,14,21 explain 96:19 fellow 177:16 first 8:17 18:13 31:12 32:11,14 34:8 128:25 felt 32:2 19:10 21:18 35:20 35:3,4,14,16,22 extent 136:5 142:11 female 108:1 109:12 36:8,12,16,18,21,25 41:6 68:15,20 70:21 157:18 165:12,15 fencing 61:19 44:8 52:16,21,24 70:24,25 71:5,7,10 extremely 151:23 148:25 53:20 56:12,13 71:18,18 72:2 76:1 f fewer 89:14,15 58:11 72:10 81:18 76:2,16,17,25 77:9 92:17 83:8,21 89:3,7 f 4:15 66:19 133:18 77:12 81:7,8 82:8 fiance 31:22,25 96:13 99:5,23 100:9 face 167:10 82:15,23 83:16,17 151:17 110:22 128:4 fact 16:25 17:6 20:2 83:25 84:18,24 85:1 field 133:12 137:24 148:23 22:15 29:11 38:17 90:14,14,14,21 92:3 fifth 77:24 163:10 164:17 73:18 166:12 179:6 92:11 95:9,12,14 figure 140:21 172:6,9 173:2,13 facts 24:20 96:17,20,21 97:16 file 60:16 128:23 175:15,16 factual 143:15 97:19,23 98:5 99:19 filed 38:13,14 39:1,5 five 68:16 fail 31:9,11 100:12 101:7 60:20 86:7 87:21 flipped 121:12 failed 15:20 102:14 105:12,18 88:5,7 137:14 floor 4:7 54:10 fair 29:19,21 35:21 106:11,20,25 108:7 files 65:24 flows 13:5 35:24 38:9 50:22 113:20 114:3,11,18 filing 47:20,25 follow 126:11 51:4,10 55:14 90:4 116:3,19 118:14,19 56:24 180:3 138:13 149:4 134:1 162:8,11 126:19,25 131:24 filings 45:10 followers 161:1 fall 36:17,17 158:2 135:22,25 136:1 fill 14:10 108:18 following 137:9 falsely 13:13 163:5,5,6,6,6,6,10 117:25 138:3 149:19 150:1 falzone 133:18 163:16,20,21,23 filled 103:7,13 106:5 155:3 familiar 12:4 18:8 164:1,2,4,6,8 171:9 106:16,18,23 112:5 follows 11:3 89:23 55:20 126:12 171:13 172:3 113:5 114:22 131:4 167:18 145:24 146:2,5,6,7 174:19 175:6,9 116:19 117:8,23 footprint 44:22 146:9 149:8 171:3 exhibits 6:11 7:3,11 118:9 foregoing 181:2 far 40:11 63:21 8:3 90:11,12,12,17 filling 108:20 182:4,6,10,12 65:20,21 67:16 99:6 163:2,4,4,15 111:21 112:13,20 forget 20:8 26:11 85:21,22 87:24 164:13 113:21 114:9,10,12 63:21 102:2,2,5 103:5 exist 45:14 46:8,22 115:3 116:17 forgetting 20:12 143:4 143:20 final 57:13 58:16,18 forgotten 20:17 fargo 49:5 existed 93:15 finally 118:4 form 18:21 45:14 fashion 135:12 existence 143:23 financially 182:17 57:12,13,18 58:16 favor 40:18 existing 107:21 find 14:7 15:11,16 58:17,18 66:3 favorable 161:25 138:8 143:6 147:21 107:3,4,5 151:20 formally 39:14 162:2,3,5,6 162:1 fine 59:25 139:10 57:16,16 80:22 february 57:8 58:6 exists 47:4,5 144:2,7 167:14 180:10 former 107:16,23 58:8,13,22 74:18,22 exited 46:7 finish 15:10 34:15 174:7 74:23,24 75:3,18,22 expect 75:4 167:6 forms 18:18 19:3 75:23,24 76:8,10,25
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interrogatory 99:7 25:23 26:19 29:8 105:25 106:18 31:20 148:13 100:19,20 101:5 145:24 146:7,9,10 108:2,4 109:6 110:3 177:18 104:19 147:10 148:12 111:10,12 112:10 knew 25:13 28:3 introduced 43:20 jeff 40:6 42:1 120:1 112:24 113:7 33:14 62:23 102:2 invalidate 140:2 131:10,23 132:1 115:11,22 117:4,5 178:1 invalidity 157:25 138:19,23 156:22 117:12 124:16 know 19:8,14 24:11 invoices 149:22 157:8 158:16,18,19 125:16 126:14,20 26:13 27:19,20,21 involved 38:18 172:23 127:2,11,18 129:14 28:2 29:1,16 31:14 50:15 54:19 60:21 jennifer 174:20 130:25 131:9,14,18 34:6 36:9,13,22 91:16 168:16 job 1:24 131:22 132:3 37:4 39:13 42:14 177:11 joe 29:6 156:18,20 43:18,19 44:8,12,13 involvement 38:20 john 66:19 84:13 k 44:14,15,21 46:7,12 121:7 johnson 66:16 53:3,5 54:9 55:16 k 40:4 109:11 involves 35:10 60:23 join 28:16 29:22,24 55:23 59:22 60:1 112:21 113:14 involving 25:23 36:8,12,16,18,21 64:7,21 65:20,21 kaplan 40:6 42:1 61:19 37:7 89:3 136:15 66:10,10 68:14 70:7 120:1 131:10,23 iron 70:5 137:1,5,11,22 75:2 87:2,3,13,25 132:1 138:19,20,23 irritated 62:6 joined 28:3,5 37:1,5 88:25 89:16,24 90:6 156:22 157:8,20 issue 62:7,9,12 37:14,17,18,19 38:1 90:8,21 92:16,18,23 158:16,18,19 171:19 38:7,11 91:15 136:4 93:6 95:7 97:1,5,10 172:23 173:10 issued 44:13 137:17,24 138:7 97:12,20,25 98:6,9 174:1 175:17,23 issues 165:24 175:19 176:12 99:5,17 101:20 kaplan's 173:11 item 48:20 58:24 joining 30:8 102:3,5,18 104:2,5 karlan 57:23 58:12 83:5,8 106:12 108:6 jointly 69:10 104:13,16 105:1,6 62:21 94:22 125:4 items 55:8 82:7,14 joke 140:15 105:14,15,16,19,20 125:12,19,22 126:7 82:25 83:4 102:13 jonathan 5:4 10:8 106:5,7,22 107:2 126:10 154:1,14,17 155:5,7 joseph 2:9 108:2,4,14,16,17 154:21 judge 57:23 58:12 109:3,15,24 110:5 j karlan's 160:16,18 62:21 86:8,9,10,19 111:6,13,15 112:2,5 jacqueline 115:4,10 176:24 86:21,25 87:5,12 112:8,23 113:1,13 james 2:12 keep 66:20 67:5 88:3 94:22 125:4,12 115:17 116:6 117:2 jamie 2:10 36:5,12 128:22 134:12 125:19,22 126:7,9 118:15 119:17,20 37:18,23 38:1 74:10 135:6,9 166:18 153:25 154:14,17 119:22 120:6,24 74:13 75:14 84:20 167:2 154:21,24,25 155:3 121:3,16,21 122:10 161:8,12 kelly 2:11 156:12 160:14,16 127:10,13,13,17,24 janie 114:19 kennedy 66:19 160:18 176:24 128:8 129:18,25 january 53:25 73:20 kept 39:8,10,10 45:2 judgment 143:9 130:11 133:5,13 73:20 94:23 120:5 48:11,12 58:14 66:6 july 97:4 98:4,14 138:6 146:4,10,11 125:16,23 149:17 66:16,23 67:6,11 135:23 136:2 146:16,18 149:21 149:19,20,21,25 134:3,13,18 june 88:15,21 91:2,7 150:16 152:13 150:1,4,7 kim 1:22 3:11 10:12 91:12 92:13,22 93:1 153:14 157:6 158:5 jason 169:5 170:19 182:24 93:15 95:6,10 96:5 158:9,10,12 159:18 170:21 178:12 kimberlina 23:14 96:12,22 97:3,13,21 159:23 164:20 jay 2:12 6:23 19:19 24:2,4,5 25:13,16 98:12,25 102:22 165:12,13,16,17,17 19:25 20:7 21:9,22 25:23 26:2,6 27:22 104:2,14 105:7,22 166:18 167:2
Page 14 Veritext Legal Solutions 866 299-5127 [know - love]
168:17 171:11 lapsed 125:10 157:25 llp 4:14 172:8,19,20 173:20 laptop 66:8 132:24 legislation 63:6 64:6 located 10:10 174:24 175:2,9 133:1,2 134:4,5,10 length 51:2 location 10:6 84:12 176:23 177:8,14,24 largely 50:17 leopold 2:14 locks 150:25 152:21 178:1 179:21,23 larry 170:25 letter 6:24 8:7,10 logical 114:14 knowing 107:17 late 24:14 25:20 20:25 21:2,7,9,20 116:13,16 knowledge 33:13 51:6 65:5 80:22 21:22 22:2,16,22 logistically 75:7 37:21 38:17 42:18 84:6 23:1,2 25:7,19 logistics 16:24 52:15,20 61:3,7 law 4:6,16 41:7,9 32:21 33:1,4,9,16 long 15:16 39:4 66:19,22,24 101:11 63:23 134:24 34:7,10 53:7,24 68:25 91:11 119:13 101:25 104:18 laws 7:23 55:6 82:7 100:9 119:15 109:1 111:7,14,25 lawsuit 23:5 32:4,12 164:18,23,25 173:3 longer 118:24 119:2 113:2,3 115:9,20 32:19 35:2 38:14,14 173:7 174:1,17 119:4,6,8 123:16 116:9 117:6,15,17 38:19 39:1,4 40:16 175:19 178:7 lonner 165:10,11,19 117:19 118:11 42:22 45:10 47:20 levin 175:5,12 166:23 167:20 121:12,15 122:12 47:25 56:24 57:23 levinson 2:12 36:6 168:22 177:18 126:18 129:5,8 62:15 86:7,18,22 36:16 73:11 74:9 look 14:15 15:7 130:10 143:16 87:1,11,12,21 125:6 81:19 161:6 170:3 18:13 35:3 62:4 knows 24:11 136:15 137:2,6,12 levinson's 73:22 68:15,24 71:7 72:13 korean 178:6,8 137:14,22,25 138:8 lexicon 46:14 76:1,16 77:9 81:7 kristin 165:10,11 138:16 143:2,6 licensed 139:2 81:22 95:13,19 166:22 167:20 166:24 167:21,24 lies 159:1 99:19 100:12 168:21 173:14 168:1,5,17,18,20,20 life 179:13 106:11 108:6 177:18 168:24 169:2 170:6 likes 174:19 111:13 129:24 kuyper 1:5,15 2:5 170:16,17 line 9:5 108:7 109:9 135:17 163:3,4,13 3:5 6:5,15 10:14,15 lawsuits 168:9,11 111:13,24 113:19 176:1,3 11:1,8 46:4 69:8 lawyer 16:23 34:6 114:3,18 115:4,18 looked 14:13 15:5 70:18 79:25 87:9 60:9 70:3 139:1 116:2 117:16 173:3 71:12 163:17 142:24 143:1 154:4 list 30:5,7 62:9 looking 15:2 90:21 172:15 180:17,23 leads 22:2 128:20 176:22 177:10 100:15,17 135:22 181:1,15 159:3 listed 95:11 96:16 173:2 kuyper's 174:21 learn 33:21,23 122:1 96:23 97:15,17,20 looks 18:8,8,10 19:2 l learned 33:18 50:18 97:21 114:2 115:18 71:21 72:6 174:19 lease 44:6,7 116:2 118:22,24 lord 52:7 174:14 l 1:22 3:11 11:11,11 leased 50:23 51:5 126:25 135:24 lord's 170:10 27:11,11 133:18 leases 43:12,14,15 litigation 42:4 85:20 los 1:2,16 2:2 3:9 135:5 170:9,9 leasing 50:22 52:17 85:20 86:3 99:8 4:18 10:1,7 11:11 182:24 leave 123:12 150:9 121:25 138:25 lost 156:2,12 167:17 l.a. 169:13 led 148:3 142:19 172:22 land 52:8 165:11,24 lee 2:13 litigator 12:6 lot 27:8 172:21 170:1 174:11 left 65:7 112:2,5,6 little 65:6 174:4 language 47:12 58:3 121:16 133:22 live 54:16 121:13 lots 27:9 29:13 52:6 74:21 75:17 101:23 152:23 153:5 lived 11:13 lou 2:10 lap 134:4 legal 10:12 34:19 lives 50:13 123:16 love 2:9 36:5,18 80:3 136:10 143:14 177:15,22 72:22 73:4,13 74:8
Page 15 Veritext Legal Solutions 866 299-5127 [love - meetings]
77:19 84:20 152:21 19:15 20:3,23 21:24 market 50:22 51:4 24:7,20,22 25:20 161:4,12 170:2 22:10 24:7,14,19 51:10 26:4,16 27:4,24 174:6 178:15 25:20,20 26:2,3 martin 115:18,21 30:21 31:7,7,10,20 love's 73:23 27:24 30:21 31:10 marv 40:3,3 41:25 32:2,8 33:14,17,19 lower 66:12 31:19 32:8 33:14,17 120:25 33:21 38:21,22,23 lunch 70:12 107:17 42:21 45:9 46:7,16 marvin 40:4 38:24,25 39:8,9,12 lyndon 66:16 47:2 48:10,17 49:11 materials 65:24 39:14,20 40:9,11,14 m 53:6,9,15 55:5 56:1 matter 20:13 21:1 40:16,20 41:20,20 56:5,7,11,17,17,18 22:24 38:22 41:7,9 42:19,20 43:10 45:9 m 2:15 20:16 40:5,5 57:1,4,9 59:4 60:9 51:19,21 60:21 47:2,19,23,24,24 40:6 43:22 98:23 61:6,24 62:12 63:1 76:13 86:11 93:25 48:3,4,5,11,18 49:2 109:11 112:21 63:4 64:15,23 65:1 134:23 148:25 49:12 56:1,5,11,14 135:5 65:3,23 71:6,15 156:3 166:4,23 56:16,22,23 57:2,10 machine 182:8 72:23 81:14,17 84:3 167:20 170:5 57:19 58:4,14,22 mail 6:19 7:24 8:9 84:6 128:13,16 matters 101:12 59:2,3 60:11,13,15 17:16 18:5,5 19:7,9 129:10,13 132:13 158:23 167:1,22 61:12,23,24 62:11 23:9 25:8,14,15 132:15 135:13 170:16 62:25 68:2 71:6,16 26:14 30:5,15,16 139:4 140:25 maureen 2:11 36:5 73:20 75:2,15,17,20 40:10 62:3,4,8 72:5 141:12,15 148:16 36:16 73:11,12,18 76:10,25 78:18 72:6 77:10,16 81:19 149:3,6 150:18,18 81:19 84:20 161:6 79:15 80:23 82:6,6 81:20 97:4,6,8,22 150:23 151:13 170:3 82:11,14 83:3,7,13 122:2,3 135:17,17 152:2 154:1 156:23 mavis 116:2,5 83:14,24 84:2,9,19 139:13,17,17,22 156:23 157:9 mean 17:2 22:17 85:1,2,3,4,11,15,23 158:7,10 172:14,24 marcia 2:10 32:3 23:4 31:11,13 34:12 86:10,13,25 87:4,11 173:11 174:17,20 36:5,8,25 37:17 46:20 63:10 70:5 88:13,18,21,24 89:6 177:10 38:2,3,10 46:5 73:7 102:19 103:13 89:7,9,11,17 90:1 mailbox 27:20 73:18 85:24 124:12 104:8 106:1 124:22 91:8,21 96:5,7,8,12 mailed 73:19 125:1 126:11 145:3 133:13 134:25 96:14,22 97:13 99:1 mailing 18:13,20 150:8 152:21 161:2 147:20 172:13 103:11 104:23,25 19:10 72:10 84:24 161:12,20 162:14 176:12,20 177:18 105:7,7,23,25 106:2 84:25 169:2 180:2 106:3 110:2,9,24 mailings 18:13,14 margaret 27:1 29:17 meaning 94:19 111:4,6,8 113:7 19:3 71:14 72:10,11 mark 17:22 176:17,21 115:12,23 117:13 mails 25:22 30:19 marked 7:11 8:3 means 34:18 103:9 120:13,15 124:3 81:22 139:15 12:11,13 14:20 meant 73:23 76:21 125:7,17 126:3,15 172:22 17:25 18:21,24 104:22 151:19 126:20 127:2,4,11 main 50:21 21:11,14 32:11,14 media 5:5 10:9 127:18 129:14 majority 104:11 34:9 35:4 41:6 meet 16:21,23 60:6 131:20 139:5,12,19 makeup 29:1 68:20 70:24,25 76:2 60:7 139:23 177:7 139:20 141:1,15 making 51:22 76:17 77:12 81:8 177:13,22 149:2 150:23,24 man 104:3,4 140:16 83:17 90:15 96:21 meeting 6:16,20 7:6 151:24 156:18,20 manner 13:13 97:23 105:18 8:7,11,13,21 15:22 156:23 157:9 158:1 manuel 5:4 10:8 106:19 163:7 171:9 17:7,12 19:11,15 170:2 march 17:8,19,20 171:13 20:3,23 21:3,24 meetings 18:18 45:3 17:24 18:5 19:9,12 22:3,9,12,17,18 48:2,6 56:7,10,13
Page 16 Veritext Legal Solutions 866 299-5127 [meetings - need]
68:10 79:20 158:22 103:6,9,11 105:23 132:5 multiple 93:7 94:9 165:24 127:22 135:3,7,9 minutes 39:8,9,11 music 54:16 member 8:14 19:14 146:22 149:10,10 39:13,14,15 45:2,8 myers 2:13 57:20,24 72:22,25 149:11,13,25 150:5 45:11,24,24 48:11 n 73:3,8,17 74:10,13 150:11 48:12,13,15 57:10 n 20:16,16 27:1 40:4 74:16,19 75:14,16 memberships 37:24 58:14,25 66:2,13,15 40:5 43:22 98:23 91:5,13 92:6 97:16 89:15,17,25 93:8,13 66:21 67:23 81:5 113:14 133:18 104:14 107:16,23 94:14 149:8 121:2 134:15 135:5,5 108:3,5,11,19 memorandum 8:19 miserable 179:12 name 10:8 11:7 20:8 109:25 111:9,16 memory 14:5 74:24 misplaced 73:2,15 20:17,21 24:3,4 112:1,9,14 113:15 75:13 91:13 114:15 73:23,24 26:11 40:6 69:17,19 115:7,10,19,21 173:6 misplacing 73:5 98:22 99:23,24 116:4,7 117:4,5,18 mention 115:25 mispronounce 100:10 102:21 117:20 118:13 mentioned 19:25 109:10 106:19 107:25 119:4,6,8,18 120:2 26:10 42:7 67:1 mispronounced 109:9 112:16,24 120:4,7 125:2,4,5 131:10 102:17 114:1,6,18 115:14 143:13 144:16 merely 175:19 missed 101:22 102:7 115:25 116:11,14 146:12 150:10 mesa 4:8 147:12 117:16 126:15 166:19 178:13 met 43:17 59:5 61:4 missing 65:24 133:17 135:4 146:5 members 6:17,21 107:25 124:13 missives 179:1,7 146:6 151:3,4,5,10 7:7 8:11 14:8 15:23 146:3,4 misspoke 132:8 152:13,14 167:3 17:7 18:15 19:4 method 103:1 misstates 161:14 170:8 171:1,3 24:8,11,19,24 25:21 methodology 104:16 mistake 99:16 174:21 178:6,8 27:3 28:3,6,10 30:9 methods 15:21 mistaken 14:2 182:20 30:21,23 31:6,21 103:4,5 mistakes 13:17,23 named 20:9 98:22 39:21 52:8 58:19,21 meyer 2:11 36:5,12 102:6,8,9,10 179:20 names 30:4 43:18,19 59:11 61:13 64:21 37:18 74:10,13 moment 129:9 112:18 118:18,20 71:6,15 79:15 82:2 75:14 84:20 161:8 mona 119:4 120:10 118:21 126:19 83:4,11 84:8 85:1,9 161:12 120:11 narcicisstic 140:6 85:10,12,25 88:14 michael 29:5,7 month 14:14 15:6 140:19 88:18 89:11 94:6,15 178:4 84:6 87:22 149:15 narrative 95:1 94:18 96:2,13 microphone 89:19 150:3 nasty 121:24 178:23 118:25 119:3 124:3 microsoft 100:3 monthly 149:23 178:24 125:7 130:22 131:5 midnight 131:17,22 months 124:10,13 nation 151:6,8,9,10 136:2,4,15 141:1,16 132:3 128:19,21 129:10 151:10 174:9 156:20 162:19 million 29:13 149:15 173:23 nature 135:14 164:19 173:8 mince 175:5,12 moraga 61:15 159:16,25 175:23 176:12,15 mind 72:24,25 73:1 morning 10:4 necessarily 162:6 176:17 177:19,20 135:21 mouthpiece 161:10 necessary 34:5 35:1 177:22 minds 72:24 move 16:13 79:23 42:14 membership 20:8 mine 78:16 151:2 94:24 95:1 145:14 need 15:9,13 35:8 38:5 74:18 75:11 minimum 91:20 159:4 44:18 47:17 59:23 88:21 89:6 93:4,19 148:4 moved 45:1 53:12 60:5,7 68:25 75:10 93:23,25 94:3,5,7,8 minute 59:17,24 moving 44:24 72:21 130:14 140:20 94:12,19,20,21 62:22 68:16 119:11
Page 17 Veritext Legal Solutions 866 299-5127 [need - operating]
141:2 167:4 168:2,4 nominate 126:12 oath 11:2 oh 28:14 66:10 78:5 171:10 179:19,21 nominated 92:20 object 69:15 79:23 99:13 142:23 178:4 needed 99:15 105:11 156:5 167:25 179:9 178:5 153:13 nominations 8:8 objection 141:17 okay 13:1,10,16,19 needs 85:5 140:16 77:1 145:9 16:12,18 17:6 18:8 negative 162:13 nominees 129:21 obtain 34:3 51:3 19:11 20:19 21:8 negotiated 50:4 non 23:19 29:22,24 obtained 51:7 38:13 41:19 44:20 neighbor 151:2 nonresponsive obvious 91:4 46:2 51:14,19 54:20 neighborhood 30:5 159:4 obviously 13:5 56:18 57:1 59:15 30:6 50:13 60:13,24 normally 34:20 19:11 70:6 77:18 60:25 61:22 63:17 61:14 62:8,9 170:1 note 57:12,18 58:16 87:9 91:2 127:19 63:20 64:4,11 65:2 174:7,8,12,13 81:14 172:13,13 179:17 66:15,18 67:5 68:19 neighbors 30:7 62:7 noted 180:24 181:4 179:18,21 180:2 70:23 71:11 72:7,19 177:11 notes 39:15,23 48:14 occasions 11:19 74:3 75:1,13,23 neither 26:15 notice 6:14,16 8:11 occur 17:8 76:24 78:6 80:20 155:21 182:16 8:13 12:8,19 17:11 occurred 20:24 21:4 81:7 82:19 83:7 nelly 92:19 96:16,19 17:18,22,23 18:4 22:4 33:15,19 61:24 85:14 90:17 91:11 98:11 21:24 22:5,9,13,16 62:12 106:3,4 140:4 93:20 95:8,13,16 never 21:23 22:5,9 24:7 26:3,16 27:24 occurring 85:23 96:16 97:7 100:2,11 33:16,18 34:14 31:9 32:5 33:17 97:13 139:12 101:17,20 102:11 73:17 83:24 98:7 40:9,10 62:24 65:23 october 67:20 102:13 106:1,5 107:25 121:12 72:16 73:19 75:4,9 odd 99:22 100:4 112:23 120:17 133:4 134:20 75:10 79:2 82:1 151:23 121:12,16 132:2 139:14 146:3 148:7 84:2,3,7 91:9,21 offhand 58:7 134:6,12 142:23 168:19 170:7 92:12 146:14 147:1 office 43:1,5,9,12,13 147:6,10 150:8 172:19 179:13,14 noticed 17:7 43:14 44:7 64:25 155:15 156:2,11 new 1:8 2:8 3:7 4:13 notices 83:20 65:2,15,16,19,22 162:12 165:6 10:14 28:10 38:7 november 100:15 66:11 128:13,24 166:18 167:15 46:5,16 47:14,15 100:21 132:14,17 133:3,11 168:14 171:20 55:11,12,14 57:20 number 6:13 7:5,14 133:13 134:21,21 172:6 176:11 57:24 75:6 138:8 8:6 28:19 95:21 135:2,6 140:8 179:15 180:17 142:22 143:17,24 118:21 127:13 150:15 151:13,22 old 46:6,19,21 47:15 144:13,17 145:6 128:2 150:3 151:25 152:2,8,20 66:13 107:20 164:18 173:7 numbered 175:16 152:22 153:14 130:23 131:6 133:3 175:23 176:12,15 numbers 95:17 officer 79:5 81:3 136:24 148:1 176:17 o 177:4,23 omitted 15:23 newly 38:10 officers 15:15 41:23 once 24:21,22 99:13 o 11:11 27:1 43:22 news 129:8 59:12 61:4 63:5 ones 20:20 27:3 29:4 98:23 102:21 ng 135:5 78:8,25 85:10 30:25 68:13 119:2 109:11,11 112:21 nice 174:6 175:19 103:24 152:16 178:3 112:21 133:18 night 150:16 151:13 offices 43:8 86:3 open 54:10 94:22 178:7,7,7,8,8,9 152:2 official 48:13,15 operate 53:22 54:12 o'brien 88:3 117:3 nil 178:18 officials 59:6 60:8 operating 58:11 o'clock 150:17 nine 47:9 83:11,14 61:5 141:4 144:20
Page 18 Veritext Legal Solutions 866 299-5127 [operator - phil]
operator 10:4,21 page 6:13 7:5,14 8:6 paulette 42:15,16 performing 65:9,12 70:10,13,16 130:16 9:5 15:14 77:15,23 50:16 61:16 66:3,7 period 97:2 125:10 130:19 171:21,23 77:24 95:17,19,20 67:1,2,3,11 68:3 133:25 134:9 172:1 180:22 95:22 96:17 101:4 74:4 81:20 101:2 periodically 30:6,8 opinion 14:6 33:25 102:14 103:17,23 102:1 104:20 107:6 perjury 34:11,22,25 78:23 106:11,12,25 108:7 107:9,13,17,18 181:2 opinions 142:11 113:19 114:3,18 128:12,22 129:2 permission 52:23 order 57:22 99:23 117:16 118:18 130:4 132:25 152:23 125:14,15,21 139:4 135:24 136:1 133:20 134:3 permit 48:24 52:22 153:13,13,15 172:13,14,15,16,17 141:10 147:4 52:24,25 53:3,14,17 155:22,23 160:14 172:19,20 174:19 148:14 174:14 53:21 54:3 170:12 160:15,16,18 175:5,15,15,16 pay 50:21 149:9,25 permits 44:18 176:24 176:1,4 159:13 160:3,13,20 permitted 54:14 ordered 125:19 pages 1:25 95:11 166:7,7 person 19:18 20:11 ordinance 63:21,23 paid 51:4,10 150:4 paying 150:11 50:1 51:15 69:25 ordinances 63:6 150:12 159:19,23 payment 149:18 102:18,22 103:10 organization 45:25 159:24 166:9,11,12 pdf 25:8,14 108:17 109:8 79:14 162:1,2,6,7,9 166:13 peet 114:19 114:17 127:8,11,16 original 53:21 54:4 paradigm 6:25 33:2 pejorative 47:13 127:18 140:5 151:3 55:1,8 182:13 33:11 116:21 151:4 152:13,15 originally 88:2 paragraph 35:10,12 pelcin 115:18,21 158:14,15 160:13 osc 156:3 35:15,18,19,23,25 penalty 34:11,22,25 161:11 178:20 outside 134:23 36:4 78:3 173:3 181:2 person's 107:1 174:9 176:3 pending 86:7 151:5 overlooked 14:9 paragraphs 78:4 peninsula 10:10 personal 43:25 oversight 179:20 pardon 17:20 81:14 people 24:10 30:20 49:25 60:21 62:8 owned 28:15 93:11 parenthetical 60:1 30:22 43:12 47:1,9 85:16,18 101:11,25 93:12 part 35:9 38:12 43:9 60:2 61:3,19 69:21 104:18 109:1 111:7 owner 50:17 50:20,20 60:14 89:14 92:5 95:9,21 111:14,25 113:2,3 owners 23:18 77:22 91:22 114:13 100:5 103:6 105:4 115:9,20 116:9 owns 26:19,25 29:5 147:13 155:6 105:10 125:2 117:6,19 121:15 146:11 163:11 179:20 126:18,19 127:6,10 129:5,7 140:19 p parte 62:20 127:17 129:3,15,18 143:16 participated 158:22 129:19 132:2 personality 140:7 p.c. 4:4 particular 24:16 136:14 139:23 140:18 p.m 132:20 78:13 123:25 142:2 148:3 150:24 personally 64:11 p.m. 3:10 65:7 69:9 158:24 166:19 151:24 152:7 153:4 150:13 159:10 69:20 70:1,11,14 partner 122:18 162:7,9 174:15 personnel 73:24 75:5 98:5 130:17,20 party 130:8 143:5 176:21,22,22 177:7 persons 20:2 37:7 171:24 172:2 143:12 182:18 177:25 179:7 92:20 96:11 118:24 180:23,24 passed 40:13 49:11 people's 52:6 pertained 157:25 p.r. 158:14 160:1,13 pat 117:3 151:6,7,8 percent 54:18 pertaining 156:22 160:19 161:11,23 151:18 174:8 perenchio 27:1 pertains 182:12 171:5 patio 54:10 29:17 phil 4:5 10:20 33:6 179:17
Page 19 Veritext Legal Solutions 866 299-5127 [phillips - property]
phillips 115:5,10 points 72:22 73:8 preliminary 154:14 156:15 175:5 phone 40:6 122:4,21 74:10 156:4 privileged 138:21 phones 89:20 police 152:4,24,25 premise 82:16 138:24 141:8,20,21 physical 123:7 153:7 premises 50:5 141:22 171:16 132:24 134:13,19 portion 53:23 preparation 100:22 probably 12:1 31:6 140:9 portions 35:22 prepare 16:18,18 48:4 70:1 78:16 physically 128:10 pos 100:16 39:11 45:6,24 101:3 88:9 116:12,15 128:11 position 46:8 50:19 101:10,25 120:25,25 121:1 picked 105:21 81:2,3,4 86:24 prepared 39:14 68:4 173:21 piece 174:20,22 105:9 106:5 108:22 100:14,20 problem 82:9 89:20 pile 99:20 124:2 145:4 160:20 preparing 45:20 proceed 40:16 85:15 pitch 165:1 173:4,4 positions 94:3 127:2 156:17,19 86:8 125:23 126:2 173:8 165:22 166:3 present 10:16 89:17 proceeded 126:3 place 19:16 20:4 positive 91:16,19 89:25 125:25 proceedings 182:4,6 29:6,14 89:12 possession 64:12,18 127:10,14,16,17 182:8,14 136:24 149:2 182:5 64:22 140:9 141:6 128:16 170:5,17 process 12:4 114:14 plaintiff 1:6 2:6 4:3 151:21 153:14 180:13 116:13,16 10:20 87:10 possibility 22:19 presented 45:17 procure 23:1,2,4 plaintiff's 8:17 possible 140:11 preserve 30:19 28:5 plan 53:19 55:3,7 151:18 179:24 president 8:22 procured 23:3 170:11 possibly 52:17 41:24 66:17 77:7 produce 12:20 planned 86:10 post 69:22 70:1 97:6 174:8 39:16,18 162:16 planning 23:20,24 98:5 163:22 164:1,3 presler 116:2,5 produced 13:3 23:25 53:8,19 60:12 164:5,7,10 presumably 131:17 product 38:21 64:6 85:4,11 169:11 posted 69:4,5,11,18 presume 33:18 136:20 137:4 170:1 174:11 98:14 152:19 pretty 62:5 75:25 138:25 139:7 180:11 posting 69:2 92:1 141:18 158:1 play 35:13 46:14 postings 69:23 preventing 152:19 161:23,25 162:12 60:5 69:1 76:24 postpone 126:10 previously 7:11 8:3 162:17 100:22 156:11,17 postponed 85:2,19 14:20 26:10 35:4 project 60:12,17,19 175:18 85:21,22 125:17,19 51:18 53:16 54:14 61:20 165:25 166:4 played 77:3 100:25 125:20 64:8 68:20 76:2,17 166:9,11,13 178:2 156:19 posts 163:11 164:12 77:12 81:8 83:17 projects 165:25 playing 175:23 potential 51:15 90:15 137:4 177:24 prolific 29:11 please 10:16,22 20:6 61:11,12 178:1 pronounce 95:3 35:3 54:7 68:15 power 14:10 41:15 pride 179:6 118:5 77:9 89:21 90:11 powers 40:22 principal 77:4 proper 135:1 94:10 98:15 100:12 practice 44:3 48:16 principally 101:2 properties 26:24 126:22 147:12 139:2 prior 23:10 38:14 28:19 93:25 121:13 171:10 precede 25:12 84:16 114:21 121:13 135:19 plenary 45:23 79:16 preceding 96:12 118:17 121:6 137:5 property 23:18 plotkin 174:7 precise 54:23 182:7 26:17,19,22,25 27:1 plus 20:10 preclude 22:19 privilege 136:6,12 27:16 28:15 29:5,12 point 75:14 predates 107:10 137:4 139:1 141:23 51:5 64:12,18,22 142:3,6,6,7,13,14 93:11 94:4 146:15
Page 20 Veritext Legal Solutions 866 299-5127 [property - record]
147:2 153:6 160:20 161:23 ran 153:5 162:7,9 105:2,7 109:23 proposal 106:25 putting 66:15 range 12:3 128:1 110:1,7,13,14,15,16 proposed 62:11 63:6 pwoog 4:10 160:5 110:18,19,20,22 64:6 q rate 160:4 111:20 112:15 protective 57:22 read 32:17 35:12 113:23,25 114:1,6,9 quarter 37:1 77:23 provide 16:5 162:22 89:23 94:11 98:16 114:21,24 115:1,5,8 164:17 164:14,22 166:2 99:24 103:16 131:4 116:10,11,12 117:2 question 16:1,4,10 179:24 147:15 163:18 117:7,9,21,24 21:18 34:16 49:8 provided 64:5 167:12,16,18 118:10 120:16,17 55:16 59:8 63:10 157:19 162:18 172:20,22 173:19 120:19,21 123:6,8 68:25 69:19 72:21 163:14,19,22,24,25 173:21 176:14 125:7 127:7 129:23 74:12 76:6 78:19 164:3,5,7,9,12 181:2 135:16 139:17 79:13,24 81:15 82:9 providing 157:19 reaffirm 56:4 146:21 147:16 82:12,12,16,21 provision 79:9 real 50:25 148:19,20,21,24 84:17 88:19 89:22 103:15 realize 48:3 157:12,14,16,24 93:20 94:10 95:2 provisional 125:4 realizing 56:13 160:5,9 164:21 98:15 99:17 101:22 provisions 14:7 really 69:12 140:13 172:11 173:21,22 109:14 116:24 proxies 128:10,11 153:23 159:18 173:24 174:1 126:22 131:25 128:15 129:20 realtor 158:8 175:22 133:14 136:11 156:18,19 realty 158:6,11 recalling 116:17 137:20,21,23 138:4 proxy 7:6 18:18,21 reason 18:10 46:24 receive 17:11,14 138:22 139:7 141:4 19:2 71:13,22 72:2 85:25 86:1,2 90:24 22:16 24:7 26:4 143:15 145:17 72:14 92:12 105:18 95:16 101:15 136:7 31:9,11 81:13,16 146:23,23 147:12 106:19 112:25 reasonable 22:21 146:14 147:1 147:13 163:13 115:15 126:16,25 77:25 79:12 80:2,11 172:21 166:19,20,20 167:4 127:12,14,19,22 178:19 received 17:16,19 167:4,11,12,15,23 129:24 reasonableness 78:6 17:23 18:5,20 19:4 174:18 175:11,14 psychiatric 140:22 78:20 79:7,17 19:6,10 21:23 22:5 questions 9:4 21:13 psychologist 140:20 reasons 119:21 22:9 25:9 26:16 32:12 47:17 69:13 publicity 158:14,23 137:3,9 178:23 33:17 57:21 71:7 100:12 156:21 160:1 reassigned 154:25 72:4 75:5 76:7 171:11 179:16,22 purport 86:25 reassignment 62:21 80:22 81:19 91:24 quickly 103:22 purported 144:16 recall 11:20 13:18 172:21 quite 29:11 59:23 purportedly 47:10 14:9,13 16:15,16,17 receiving 22:12 26:3 quorum 39:21 89:10 108:3,18 109:16,25 18:19 24:17 25:3 33:22 53:7 72:6 89:12 124:19 111:15 113:14 26:18,19 27:6 30:2 73:19 91:4 quote 37:7,8,13,15 115:6,19 116:7 30:3 31:16,17 33:10 recess 70:12 130:18 143:24,24 144:17 117:3,18 118:12 33:12 36:7 39:6 171:25 144:17 145:6,7 138:7 41:21 43:19 49:15 recollection 39:24 173:5 179:1,2 purporting 139:19 49:16,17,18 54:8,15 40:1 53:7 116:14 quotes 173:5 purports 91:9 92:3 56:16 57:14,17 58:7 146:20 157:13,14 purpose 48:17 60:15 r 59:18 60:11 61:10 160:10 172:9 151:15 r 27:11 40:4 113:14 62:19 71:11,12,13 record 10:17 15:12 put 58:25 90:11 171:2 72:6,10 73:18 74:11 17:15 20:1 46:11 92:5 146:22 155:22 81:21 89:7 91:4 70:10,14,15 71:11
Page 21 Veritext Legal Solutions 866 299-5127 [record - results]
89:23 94:11 98:16 rejoined 37:25 replaced 119:22 reschedule 62:19 130:17,20 131:4 related 136:10 123:17 reserve 13:1 147:15 167:18 relating 157:25 replacement 123:9 resident 17:14 171:21,22,24 172:2 relationship 43:25 replacing 120:7 109:13 174:16 179:17,18 44:4 report 133:20 residents 165:14 182:7,10 relative 148:15 reported 1:21 resignation 120:12 records 134:13,13 182:17 reporter 3:12 10:12 resigned 96:24 134:18,19,19 135:2 relied 102:1 10:21 12:14 14:21 97:10,12,24 98:4,7 135:3,7,7,8,9,10,16 relief 87:10,22 15:1 18:1,25 21:15 98:9,13 135:19 152:25 32:15 35:5 68:21 resigning 122:3 recused 154:22 remedies 138:9 71:1 76:3,18 77:13 resolution 42:13 recusing 49:21 remember 13:24 81:9 83:18 89:18 109:18 110:7,11,19 reelected 118:15 18:12 19:6,8 24:21 90:16 130:15 131:3 111:20 112:12,19 refer 46:10,11,15,25 28:7 38:23 39:2,4 163:8 171:14 182:2 113:21 114:6,9,13 47:3,4 76:21 39:22 40:7,17,24 represent 10:19 114:15,22,25 116:1 reference 70:5 41:19 42:11,12 142:8,17 116:10,17 117:7,21 referenced 42:20 44:16 48:19,20 49:1 representation 37:6 117:24 118:7 83:25 100:6 170:16 52:11 53:24 54:9 37:21 resolutions 40:13 referred 138:17 56:3,5 62:4,5 64:5 representations 41:11,13,18 42:9,11 referring 18:23 36:3 65:13 75:21 91:22 51:13 49:11 66:21 112:16 37:20 65:16 71:18 92:1 103:21 107:25 representative 115:2 166:16 110:11 111:1,2,3 169:6 170:11 resolved 110:20 refers 103:15 112:16,18 122:6,11 representatives resources 176:23 reflected 81:5 122:19 124:10 147:24 respect 13:22 45:8 reflecting 143:23 132:25 139:22 represented 50:25 54:2 96:1 112:20 reflects 116:3 145:25 146:1 127:12,22 134:17 refresh 173:6 148:22 149:5 representing 10:9 respectively 23:21 refuse 136:11,21 152:14 154:2 155:7 48:22 respond 160:24 137:3,8 162:21,25 164:16 represents 23:18 responded 139:15 refusing 138:4 166:6,9 29:8 169:9 responding 77:19 regard 13:24 15:3 reminders 18:17 request 25:20 39:19 101:23 24:19 46:10 remove 153:4,6 52:22 78:13,17 79:2 response 101:4 regarding 13:18 removed 129:2,3 79:5,14,18 80:1,10 104:19 138:25 157:9 rendered 142:11 80:12,15 82:10 responses 8:17 99:8 158:23 165:22,24 renee 52:8 170:8,10 85:24 155:13 100:14,20,23 168:21 174:14 requested 13:7 44:9 responsibility 73:3 regards 13:21 renew 149:17 82:7 84:19 172:4 responsible 73:16 regrettably 35:11 renewal 48:24 52:24 182:15 178:20 regular 83:13 53:1,16 54:3 55:2,3 required 12:20 restaurant 43:4,6,7 regulation 63:23 149:16 150:11 45:22 84:19 91:21 53:22,23 reject 80:11,15 170:12 requirement 75:9 restraining 139:3 rejected 57:24 rent 50:22 51:4,10 79:3 restroom 68:17 153:20 155:11,13 repeat 131:1 147:12 requires 79:2,20 result 26:1 151:12 rejoin 38:6 rephrase 126:23 reread 89:21 167:5 results 129:25 133:15 168:2
Page 22 Veritext Legal Solutions 866 299-5127 [resurrected - sell]
resurrected 164:21 rolling 10:11 sanders 2:14 144:12 154:19 retention 158:25 ron 8:22 13:11 40:3 sarcastic 179:5,7 section 14:10,12 review 35:8 60:16 41:24 44:16 47:25 satisfactory 17:4 15:16,17 103:17,23 171:10 182:14 48:21 49:20,21,24 46:4,19 104:21 108:23 reviewed 77:8 101:1 50:8,16 62:14 69:7 save 69:14 124:9 172:3 77:5 81:21 107:15 saw 129:10 134:20 security 140:8 reviewing 21:19 107:15 120:24 172:10,11,20 152:18 153:5 174:4 130:6 137:24 saying 29:11 31:16 see 22:21 37:15 revised 69:3 140:24 153:17,23 31:18 54:24 63:1 39:19 59:1 60:16 revolution 116:1 168:24 174:13 87:15 116:19,21 69:24 70:3 71:9,22 rich 29:13 ron's 51:13 62:14 125:8 139:22 75:23 77:24 78:2 right 14:15 15:7 69:17 173:12,18 80:18 82:23,25 16:15,16,17 18:19 ronald 4:3 7:12 8:4 says 21:7 22:4,15 84:18 90:25 92:19 21:25 25:4 29:9,15 ronin 5:5 10:9 37:13 69:8 102:21 95:16,21 97:15,17 34:7 48:1 51:20 room 42:25 43:11 103:1,5,7,13 106:15 102:15,23 103:1,5 53:17 55:13 56:2,19 44:7 106:17 108:11 106:12,20 108:12 63:3 67:7 69:4 rosen 27:3 36:6,21 124:11 172:15 116:4 118:18,21 71:17,23 72:4,5,12 37:18 51:22 122:8 173:3,10 175:17,18 128:18 144:13 72:16 73:5 74:6 122:13,19,21 123:4 schedule 62:17 151:17 154:21 76:16 78:21 85:7 125:2 140:6 148:4 76:14 86:22 87:5,18 167:16 172:6 86:16 91:3 92:17 159:2 179:11 180:3,8,10 173:10,14 175:15 93:23 94:1 103:19 rosen's 121:24 scheduled 61:25 175:20,21 176:9,18 103:22 107:2 115:4 125:13 62:15,25 75:2 83:13 180:1 120:23 121:8 ross 4:14 83:14 85:7 87:5 seeing 41:17 44:16 125:20 128:6 rules 86:11 87:1 scheduling 62:22 53:24 110:7 114:9 131:12,18 132:21 ruling 94:25 125:12 87:24 114:15,22,24 115:1 134:22,25 141:2 125:14,15,21,24 scheetz 118:4 116:1,17 117:7,21 142:4,6,14 143:9 143:9 schillaci 52:8 170:10 117:24 146:8 148:22 running 160:19 174:14 seek 34:24 87:10 153:18,21 157:24 166:15 schmidt 108:6 109:5 139:3 140:25 180:2 158:2 171:4 176:4 runs 70:9 119:8 123:12,17 seeking 87:22 140:2 178:14 russell 4:15 10:18 132:6 161:20 rightful 153:14 rwolpert 4:20 school 84:13 seeks 87:12 rights 13:1 s scott 42:1 92:24 seen 12:12,16 72:1 ring 171:4 97:15,17 98:11 109:18 112:12,15 s 2:13 27:11 40:4 rise 94:8,13 117:15,20 121:1 118:7 125:14,15 109:11 112:21 road 11:10,11 26:25 search 13:7 144:1 172:19 113:14 118:5 135:5 27:1,11,12,12,14,16 seat 105:9 112:5 173:13 170:9 65:16,18 146:11,15 second 54:10,11 selected 105:16 safe 135:21 147:1 69:19,25 71:14 106:9 108:21 121:3 safety 23:21 169:12 role 35:13 69:1 72:11 123:2 173:2 123:9 sale 48:25 54:13,17 76:24 77:3 78:10,12 176:3,6 sell 29:12 48:25 123:15 100:22,25 156:11 secretary 41:24 52:23 53:15 54:12 sales 53:22 164:25 156:17,19 177:4,7,9 65:10 67:18,24 68:3 121:14 170:13 173:4,4,8 78:16,22 122:2
Page 23 Veritext Legal Solutions 866 299-5127 [send - statement]
send 84:5,7 152:10 show 12:11 18:21 someplace 128:23 specific 50:8 56:6 175:19 180:5 21:9,12 32:10 37:3 somers 169:5 170:5 110:1 122:7 123:21 sending 91:16 70:23 155:22,23 170:20,21 178:12 149:6 150:3 154:2 139:17 179:6 171:8 soomkeh 109:11 157:12 162:3 sends 149:22 showed 23:7,9 25:13 110:20 113:22 specifically 13:25 sense 79:19 80:3 25:16 44:16 soomkey 109:12 39:22 41:17 42:12 179:5,7 showing 118:14 soon 179:24 180:5 52:11 62:4 63:13 sent 23:6 30:6 32:5 144:1 155:12 soparvan 2:15 65:13 116:11 71:5,10 72:5 73:1 shown 162:23 163:1 sorry 39:17 40:5 148:12,13,22 73:14 74:17 77:10 shows 144:7 44:10 57:3 64:25 162:21 164:16 77:22 82:1 83:23 sic 40:5 116:1 66:10 74:12 78:3 specifics 148:19 84:2 90:22 91:2,7,8 160:14 81:2 83:11 84:15,16 speculate 113:1 91:12,25 122:2,3 side 147:11,20 88:19 89:18 91:15 speculation 113:4,5 152:13 signature 182:23 98:2,3 99:13 109:13 147:23 159:5 sentence 173:2 signed 77:5 118:20 120:20 spell 170:8 171:1 176:6 similar 71:8,13 122:3 135:21 spelled 102:21 separate 78:1 85:25 141:11 139:16 144:4 spent 174:4,5 86:1,2 simpler 140:3 147:12 158:17 split 93:19,22 separately 51:17 simply 69:1 76:7 165:8 175:1 177:21 spoke 24:18,21 176:18 79:24 138:7 178:13 25:12 107:24 122:8 september 53:2 simultaneously 50:2 sort 62:24 63:24 152:16 174:10,12 67:20 124:6,24 69:4 99:25 100:3 169:8 179:18 sepulveda 43:3 single 93:4,22 94:8 sorted 100:10 spoken 147:23 54:11 61:15 94:12 sought 87:10 107:16 148:7 serve 83:12 sir 144:23 140:3 153:15 155:5 spousal 94:13,13,17 served 12:8 46:17 sit 85:8,14 86:6 88:9 sound 58:13 spouse 93:12 services 5:5 10:9 107:2 115:2 132:1 sounds 27:6 63:2 spouses 94:4 set 8:18 41:6 79:20 149:6 173:22 103:18,22 sroloff 2:14 79:21 82:6,8,10,13 sitting 70:8 space 44:16,21 stage 35:2 176:8 83:3,7,16 84:21 situation 50:8 73:13 50:22 52:17 stamp 95:18 97:18 85:3 86:21 87:5 107:18 speak 16:21 33:7 stamped 96:17 95:9 101:12 105:11 six 50:14 148:23,24 51:15 85:5 107:19 standing 137:23 126:25 156:3 182:5 155:8 128:9 135:11 stars 3:8 4:17 10:7 seven 60:3,3 skale 174:21 141:10 152:15 start 35:18 shack 53:24 54:12 slash 107:3 speaking 52:16 64:1 started 55:21,24 shared 93:4 slate 92:3 100:4 148:12 56:3 sharing 94:18 slates 92:4 special 6:16,20 7:6 starting 102:14 shelly 41:25 117:15 small 163:18 8:11,18 15:22 17:7 163:16 176:6 117:20 121:1 sold 27:4 29:7,17 17:11 20:3 24:19,22 starts 173:12 short 40:3 173:4 sole 78:23 79:16 30:21 31:10,19 state 1:1 2:1 34:23 shorthand 3:12 80:1,4 56:11 76:10 78:18 139:2 144:13 182:2 182:1,9 solutions 10:13 79:14,20 82:6,11,13 stated 17:15 82:17 shortly 17:19,24 somebody 23:18 84:19 85:3 100:20 137:4 67:17 38:10 50:4 98:21 101:4 140:25 statement 179:12 139:18 158:5 141:15 157:9
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states 21:23 33:16 substantive 78:4 120:25 terminated 37:23 136:2 151:11 succeed 109:20 sworn 34:11,22,24 38:5 stating 15:11 22:8 110:20 118:16 100:13 144:22,23 terms 46:23,24 status 60:16 95:25 successor 104:8,9,12 145:3,7 182:7 47:11 54:2,25 55:11 125:13 105:8 108:22 system 134:2 156:14 statute 63:23 125:8 120:10 systematic 99:18 test 14:5 stay 29:15 sued 3:7 4:12 t testified 11:3 13:14 stealing 86:4 142:21 143:1,4,17 13:20 15:4 16:13 t 27:1,11 40:5 118:5 stem 179:22 suffer 140:18 22:23 25:2,5 33:20 table 100:3,9 101:3 steven 2:13 suffers 140:19 41:21 47:18 67:7 tabulated 129:25 stick 88:10 suggesting 60:4 70:20 88:20 105:24 take 15:9,11,13 35:8 stipulation 180:6,15 suing 136:3 129:12 130:11 35:17 57:10 60:2,6 stop 139:12,20 suite 3:8 4:17 10:7 testify 13:13 62:21 68:16 70:3,7 151:16 10:10 44:7,9 testifying 71:11,12 87:14 90:11 107:1 storage 134:2 summaries 163:10 182:7 119:13,15 125:3 stored 134:10 summer 36:19 testimony 13:11,19 145:4 151:21 171:9 stradella 27:10,12 superior 1:1 2:1 14:3,3 15:18,24 171:17 179:6 strategy 38:18 124:14 133:21 16:6,19 20:22 21:8 taken 3:6 11:16,21 158:25 suphamongkhon 21:19 22:1,11,14 19:16 40:13 49:5,10 strike 17:20 42:15 2:15 34:22,24 42:2 56:1 55:15 182:4 46:2 67:25 79:23 supplemental 8:16 70:19 71:4,9,20 takeover 86:3 83:23 94:24 95:1 100:19 79:15 85:8 86:11,14 takes 55:19 133:2 106:16 109:3 support 48:23 50:14 94:8 107:12 114:4 talk 16:24 47:8,9 123:22 129:13 51:18 52:1,21 123:24 124:4 88:10,11 107:14 132:13 150:14 supported 50:12,16 125:22 144:22,23 176:21 153:24 159:4,7 supposed 180:3 145:3,8 146:19 talked 149:5 176:2 sure 18:4,12 28:8 155:16,17,23 156:7 talking 35:15 51:9 string 174:22 31:7 40:7 54:21,22 161:14,16 181:5 122:24 168:1,5,14 structure 27:18 59:19 68:18 70:18 182:11 168:18 stupid 175:18,23 71:9,17 75:25 97:5 text 77:23 79:13 tape 70:9 style 72:14 119:13 121:2 thank 59:22 72:19 tawny 2:13 subject 166:23 126:23 129:24 82:22 90:20 117:1 tell 13:25 15:3 105:3 167:1,20,21 170:5 131:2,24 147:14 132:11 180:17,20 146:17,25 147:4,6 170:16 149:1 171:3 172:21 thanks 72:7 147:10 153:9 168:4 sublease 50:4 surmise 101:6 thing 16:13 25:13 176:7,8,17,24 submitted 74:23 108:20,25 114:4 55:19,25 100:4 telling 61:17 172:18 subpoena 12:24 surmising 114:21 156:1 177:1 13:8 susan 52:7 170:10 things 23:22 88:10 temporary 139:3 subscribed 182:20 174:14 155:25 180:3 ten 91:17,19,24,25 subscribers 97:8 suspect 71:19 114:7 think 13:19,21 tense 101:14 subsequent 19:3 suspicion 116:23 18:11 34:10 38:24 tenth 4:7 58:21 59:3 61:25 swear 10:22 45:5 48:3 54:20,24 term 46:3 47:6,7,10 75:18 sweet 179:1,7 55:14,25 56:21 57:5 47:13 63:22 77:25 subsequently 50:18 swernik 40:4 113:14 59:23 61:11 62:5 107:1 179:1,2 68:5 113:18 114:8 63:18 70:19 71:4,5
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California Code of Civil Procedure
Article 5. Transcript or Recording
Section 2025.520
(a) If the deposition testimony is stenographically recorded, the deposition officer shall send written notice to the deponent and to all parties attending the deposition when the
Original transcript of the testimony for each session of the deposition is available for reading, correcting, and signing, unless the deponent and the attending parties agree on the record that the reading, correcting, and signing of the transcript of the testimony will be waived or that the reading, correcting, and signing of a transcript of the testimony will take place after the entire deposition has been concluded or at some other specific time.
(b) For 30 days following each notice under subdivision (a), unless the attending parties and the deponent agree on the record or otherwise in writing to a longer or shorter time period, the deponent may change the form or the substance of the answer to a question, and may either approve the transcript of the deposition by signing it, or
refuse to approve the transcript by not signing it.
(c) Alternatively, within this same period, the deponent may change the form or the substance of the answer to any question and may approve or refuse to approve the transcript by means of a letter to the deposition officer signed by the deponent which is mailed by certified or registered mail with return receipt requested. A copy of that letter shall be sent by first-class mail to all parties attending the deposition.
(d) For good cause shown, the court may shorten the 30-day period for making changes, approving, or refusing to approve the transcript.
(e) The deposition officer shall indicate on the original of the transcript, if the deponent has not already done so at the office of the deposition officer, any action taken by the deponent and indicate on the original of the transcript, the deponent's approval of, or failure or refusal to approve, the transcript. The deposition officer shall also notify in writing the parties attending the deposition of any changes which the deponent timely made in person.
(f) If the deponent fails or refuses to approve the transcript within the allotted period, the
deposition shall be given the same effect as though it had been approved, subject to any changes timely made by the deponent.
(g) Notwithstanding subdivision (f), on a seasonable motion to suppress the deposition, accompanied by a meet and confer declaration under
Section 2016.040, the court may determine that the reasons given for the failure or refusal to approve the transcript require rejection of the deposition in whole or in part.
(h) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to suppress a deposition under this section, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
DISCLAIMER: THE FOREGOING CIVIL PROCEDURE RULES
ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
THE ABOVE RULES ARE CURRENT AS OF SEPTEMBER 1,
2014. PLEASE REFER TO THE APPLICABLE STATE RULES
OF CIVIL PROCEDURE FOR UP-TO-DATE INFORMATION. VERITEXT LEGAL SOLUTIONS COMPANY CERTIFICATE AND DISCLOSURE STATEMENT
Veritext Legal Solutions represents that the foregoing transcript is a true, correct and complete transcript of the colloquies, questions and answers as submitted by the court reporter. Veritext Legal Solutions further represents that the attached exhibits, if any, are true, correct and complete documents as submitted by the court reporter and/or attorneys in relation to this deposition and that the documents were processed in accordance with our litigation support and production standards.
Veritext Legal Solutions is committed to maintaining the confidentiality of client and witness information, in accordance with the regulations promulgated under the Health Insurance Portability and Accountability Act (HIPAA), as amended with respect to protected health information and the Gramm-Leach-Bliley Act, as amended, with respect to Personally Identifiable Information (PII). Physical transcripts and exhibits are managed under strict facility and personnel access controls. Electronic files of documents are stored in encrypted form and are transmitted in an encrypted fashion to authenticated parties who are permitted to access the material. Our data is hosted in a Tier 4 SSAE 16 certified facility.
Veritext Legal Solutions complies with all federal and State regulations with respect to the provision of court reporting services, and maintains its neutrality and independence regardless of relationship or the financial outcome of any litigation. Veritext requires adherence to the foregoing professional and ethical standards from all of its subcontractors in their independent contractor agreements.
Inquiries about Veritext Legal Solutions' confidentiality and security policies and practices should be directed to Veritext's Client Services Associates indicated on the cover of this document or at www.veritext.com. 1 BROWNE GEORGE ROSS LLP Eric M. George (State Bar No. 166403) 2 egeorge @bgrfirm.com Russell F. Wolpert (State Bar No. 97975) 3 [email protected] Ira Bibbero (State Bar No. 217518) 4 [email protected] 2121 Avenue of the Stars, Suite 2400 5 Los Angeles, California 90067 Telephone: (310) 274 -7100 6Facsimile: (310) 275 -5697
7Attorneys for Defendant BEL -AIR ASSOCIATION (sued incorrectly as 8"NEW BEL -AIR ASSOCIATION ")
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF LOS ANGELES, CENTRAL DISTRICT
11 BRUCE D. KUYPER, an individual, Case No. BC 616011 12 Assigned for All Purposes to: Plaintiff, Hon. Elizabeth Feffer, Dept. 39 13 vs. AMENDED DEPOSITION NOTICE OF 14 BRUCE KUYPER NEW BEL -AIR ASSOCIATION, an 15association of individuals; DANIEL JOSEPH Date: April 25, 2016 LOVE, an individual; MARCIA LOU Time: 10:00 a.m. 16HOBBS, an individual; JAMIE ELIZABETH Place: BROWNE GEORGE ROSS LLP GROSS MEYER, an individual; MAUREEN 2121 Avenue of the Stars, Suite 2400 17KELLY LEVINSON; an individual; JAMES Los Angeles, CA 90067 JAY HYMAN, an individual; STEVEN S. 18MYERS, an individual; TAWNY LEE SANDERS, an individual; GAIL LEOPOLD Date Action Filed: April 5, 2016 19SROLOFF, an individual; SOPARVAN M. Trial Date: None Set SUPHAMONGKHON, an individual; and 20DOES 1 through 100, inclusive,
21 Defendants.
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626183.1 AMENDED DEPOSITION NOTICE OF BRUCE KUYPER 1 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on April 25, 2016, commencing at 10:00 a.m., at the offices
3 of Browne George Ross LLP, located at 2121 Avenue of the Stars, Suite 2400, Los Angeles, CA
490067, Defendants will take the deposition of Bruce Kuyper.
5 PLEASE TAKE FURTHER NOTICE that this deposition will be taken upon oral
6examination before a certified court reporter or notary public or other person authorized by law to
7administer oaths, and will be preserved and taken by stenographic means. If the deposition is not
8completed on the date set forth above, it will continue from day -to -day thereafter excluding
9Saturdays, Sundays, and holidays, or as otherwise designated by the notice party, until completed.
10 PLEASE TAKE FURTHER NOTICE that, pursuant to Code of Civil Procedure §§
11 2025.220(a)(5), 2025.340 and 2025.620, the deposition will be recorded on video and audio
12media, and may be used in litigation, including at trial, to the extent permitted by law.
13 PLEASE TAKE FURTHER NOTICE that, pursuant to Code of Civil Procedure Section
142025.220, subdivision (a)(4), the deponent is required to produce the documents set forth in
15 Exhibit A hereto at the commencement of the deposition.
16
17DATED: April 15, 2016 BROWNE GEORGE ROSS LLP Eric M. George 18 Russell F. Wolpert Ira Bibbero 19
20 By 21 Russell F. Wolp 22 Attorneys for Defendant BE -AIR ASSOCIATION (sued incorrectly as "NEW BEL -AIR ASSOCIATION ") 23
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626183.1 AMENDED DEPOSITION NOTICE OF BRUCE KUYPER EXHIBIT A DEFINITIONS
1.As used herein, "BAA" means the Bel -Air Association and /or the "NEW BEL -AIR ASSOCIATION" as the latter term is used in this action.
2.As used herein, "YOUR" means the plaintiff in this action, Bruce Kuyper. 3. As used herein, "WRITTEN COMMUNICATION(S)" means and refers to any conveyance to or exchange or recordation of information of any kind of or between or
among persons or entities, whether in writing or by any other visual or electronic means or method, and any transmission or recordation of information in the form of facts, ideas,
questions, inquiries, statements, assertions, opinions, beliefs, suggestions, or otherwise. 4. As used herein, "RELATING TO" means containing, constituting, considering, comprising, concerning, discussing, regarding, describing, reflecting, studying, commenting or reporting on, mentioning, analyzing, or referring, alluding, or pertaining to,
in whole or in part. 5. As used herein, "DOCUMENT(S)" has the meaning set forth in California Evidence Code Section 250 for a "writing" and, in addition, includes without limitation records, invoices, ledgers, notes, memoranda, correspondence, texts, emails, letters, reports, and other electronic and written materials of every nature and kind, including images, duplicates, or
copies thereof, whether or not bearing notations or markings different from the original,
and all images or text recorded by any form of electronic medium or film.
CATEGORIES OF DOCUMENTS REQUESTED
1.All DOCUMENTS, including COMMUNICATIONS, in YOUR possession, custody, or control RELATING TO any special meeting of BAA members requested, called, and /or
noticed on or after January 1, 2016.
2.All DOCUMENTS, including COMMUNICATIONS, in YOUR possession, custody, or control RELATING TO any actual, claimed, asserted, and/or purported special meeting of BAA members held or purportedly held in 2016.
626183.1 AMENDED DEPOSITION NOTICE OF BRUCE KUYPER 1 PROOF OF SERVICE
2STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 At the time of service, I was over 18 years of age and not a party to this action. Iam employed in the County of Los Angeles, State of California. My business address is 2121 Avenue 4of the Stars, Suite 2400, Los Angeles, CA 90067.
5 On April 15, 2016, I served true copies of the following document(s) describedas AMENDED DEPOSITION NOTICE OF BRUCE KUYPER on the interested parties in this 6action as follows:
7 SEE ATTACHED SERVICE LIST
8 BY MESSENGER SERVICE: I provided such document(s) to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be 9contained in the Declaration of Messenger below.)
10 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 11 Executed on April 15, 2016, at Los Angeles, Cal'mia. 12
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14 Venusernardo
15 DECLARATION OF MESSENGER 16 I personally delivered the envelope or package received from the declarant above to the persons at 17the addresses listed in the service list. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or 18package, which was clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the 19documents at the party's residence with some person not less than 18 years of age between the hours of eight in the morning and six in the evening. 20 At the time of service, I was over 18 years of age. I am not a party to the above -referenced legal 21proceeding.
22I served the envelope or package, as stated above, on (date): (time):
23I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 24 Date: 25
26
27 (NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
28 1 SERVICE LIST 2 Bruce D. Kuyper v. New Bel -Air Association, et al. Los Angeles Superior Court, Case No. BC 616011 3
4 Phil Woog Attorneys for Plaintiff Bruce D. Kuyper 5 Robert D. Matranga COOKSEY, TOOLEN, GAGE, 6 DUFFY & WOOG A Professional Corporation 7535 Anton Boulevard, Tenth Floor Costa Mesa, California 92626 -1977 8 Telephone: (714) 431 -1100 Facsimile: (714) 431 -1119 9pwoog(a7,cookseylaw.com rmatrangana,cooksevlaw.com 10
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28 NOTICE OF SPECIAL MEETING OF MEMBERS OF BEL -AIR ASSOCIATION
To: Members of the Bel -Air Association From: Bel -Air Association Members Marcia Hobbs, Dan Love, Jamie Meyer, and Maureen Levinson Subject: Special Meeting of the Association's Members Date & Time:Thursday, March 17, 2016, 5 :30p.m.
This Special Meeting of the members of the Bel -Air Association will be held Thursday, March 17, 2016, commencing at 5:30 p.m., at:
The Bel -Air Country Club 10768 Bellagio Road Los Angeles, CA 90077
This Special Meeting of the.Members of the Bel -Air Association (the "Association ") is being called pursuant to Article II, Section 2 of the Association's By -Laws (dated June 10, 2003), which provide that "Special meetings of the members may be called at any time by...any three (3) or more members."
The Agenda for the March 17, 2016 meeting (the "Special Meeting ") is:
1. A vote to amend the By -Laws.
2. A discussion and member "question and answer" session with the Association's Executive Director Paulette DuBey (who has been asked to attend and participate) regarding the Association's policies and practices concerning (a) Bel -Air real estate development, (b) Bel -Air land use, (c) Bel -Air circulation (traffic), and (d) other topics of interest to Bel -Air residents.
3. Contingent upon amendment of the By -Laws, an election of nine (9) members to serve as directors (and to succeed any existing directors) of the Association, with terms to become effective at the conclusion of the Special Meeting. Any Bel -Air Association member shall be eligible to run, at the Special Meeting, as a candidate for such a directorship.
We look forward to seeing you at this Special Meeting.
If you have any questions or wish to rsvp, please contact Jamie Meyer at 310 -405 -3094 or email her at belairunited @gmail.com.
610129.1 Sent from Outlook Mobile
On Wed, Feb 10, 2016 at 8:53 AM -0800, "jeffrey kaplan"
Bruce/Kristen: Some comments: 1. I will also ask my architect and contractors I know to get their clients to join; but who is leading the group that you have spoken to? For example, who is Kimberlina and what group /company is she with? 2. I think we should draft a "welcome letter" to newmembers thanking them for joining and highlighting the B.A.A. accomplishments, etc. I think that just because they have joined due to Fred does not mean that they will not be reasonable and even help support other candidates at some point in the next month or so-- particularly if some of us have a personal relationshipwith some of them. In fact, I think we "play stupid" about why they have joined and merely send a nice "Welcome" letter to the effect that we thank them for helping support the BAA and we look forward to working with all members for all of our good programs and our Land Use Guiding principles and to protect the value of our properties, etc.
Bottom line: the letter should be a short "sales pitch" about how good the BAA is. Perhaps Kristin or our PR firm can draft the letter. 3. Bruce: In your email below you mention something to the effect that the BAA cannot tell someone who to vote for on the Board. I understand that pursuant to the Court Protective Order the BAA cannot mail -out "campaign materials" to its members unless the BAA also gives the mailing list to the plaintiff. But, I do not see anything about restricting the BAA from spending money supporting candidates? So, I do notunderstand your comment that only individual Board members can campaign for themselves. In fact, that could present a problem since I am assuming our PR consultants may help with some campaign materials, etc. Please clarify what restrictions exist that would preclude BAA from supporting individual candidates.
Let me know about these matters.
Thanks, Jeffrey A. Kaplan DAttorney at Law (inactive) 10877 Wilshire Blvd., Suite 1520 0Los Angeles, CA. 90024- 43410Te1. (310)208 -0075 x 109 Fax (310)208 -0571Note: This e -mail is intended only for the addressee and may contain privileged or confidential information. If you are not the addressee, please destroy this e-mail and advise us immediately.
From: [email protected] 0 To: klonner @bumsbouchard.com C C: paulette @belaironline.org; ronallenormolu @aol.com; jeffreyka plan @msn.com; garyswernik @yahoo.com; mnmts22 @gmail.com; eepagazeepa@msn com; cynthiacbellagio @yahoo.corn Subject: BAA Membership Application Date: Wed, 10 Feb 2016 01:02:58 -0800
Hi Kristen,
I saw Kimberlina at the NC's PLUC meeting last night. She approached me (I didn't solicit her!) about getting her clients to join. She said that you had spoken to her about our situation. She asked for an application and said that she could probably get 10 clients to sign up and deliver $350 dues checks by Thursday at 5 p.m. (our current deadlinefor new membership applications for the upcoming election). .
Attached is a copy of the application. Please send it to her and any others. If we could receive them Thursday by 5, with dues checks, that would be wonderful! She asked me whether amanaging member could sign for anLLC. I said of course -if it's goodfor the City, it's more thangood enough for us. LLCs should of coursefill in the residence address that they own and then fill intheir mailing address.
Most importantly, we needthem to vote and return theirballots in the upcoming election. Weshould be careful not to tell themwhom to vote for at thisstage and just tell them to vote. Candidateslike me will have totell them separately whom to votefor, without using Association resources.
Thanks!
Bruce cell 213- 304 -3150
<20160203 Protective Order.pdf
From: "Wolber, Jennifer"
Proposal No. 1: Adoption of proposed amendment of the existing By -Laws (check one).
For Against Withhold Vote
Proposal No. 2: The election of the following nine individuals as Directors of the BAA, to serve effectively immediately commencing upon the tabulation of votes (whether in person or by proxy) at the Special Meeting of Members, with such Directors to replace any presently sitting Directors and to hold office until the 2017 Annual Meeting of Members of the BAA (check one per name; check and /or write in up to nine Directors; ballot will be defective and not counted if more than nine Directors are voted for):
Name For Against Withhold Vote
Marcia Hobbs James Hyman Maureen Levinson Dan Love Jamie Meyer Steven Myers Tawny Sanders Gail Sroloff Sopavan (Nook) Suphamongkhon
Alternative Director(s):
Please Print Name of Member Please Print Membership Address
Date Signed: March 17, 2016 Signature
616303.1 JAY BELSON
I am Jay Belson. I have been a Bel -Air Association member since February 2016. I havean official mailing address on my membership that is outside of Bel -Air and Inever received notice of an election meeting on March 17, 2016.
. .eì:l iill+:C: Ii. ii :I i:ü^ì' n.l AssOclaillin i111''f1117,ef':.f{7C'i' ( a;c .
. ',i: i.. i d e v e l o p e r s
April 3, 2016
I am Todd DeMann I have been a Bel -Air Association member since February 2016. I have an official mailing address onmy membership that is outside of Bel -Air and I never received notice of an election meetingon March 17, 2016.
Sincerely,
Todd DeMann Managing Partner
Deponení / >/ I 6J vi Dáte Rptr. www.nErosoox.coMp S PROXY FOR SPECIAL MEETING OF MEMBERS OF BEL-AIR ASSOCIATION TO BE HELD THURSDAY, MARCH 17, 2016
(This Proxy is solicited by Maureen Levenson, Marcia Hobbs, JamieMeyer & Dan Love)
The undersigned hereby appoints the holder of this proxy, being oneof Maureen Levenson, Marcia Hobbs, Jamie Meyer, or Dan Love, as her or his proxy, withfull power of substitution, to vote her or his membership interest in the Bel-Air Association ( "BAA ") registered in the name provided in this proxy that the undersigned member is entitled to vote, onhis or her own behalf, at the Special Meeting of BAA members(the "Special Meeting ") to be held on Thursday, March 17, 2016, 5:30 p.m., at the Bel -Air Country Club, 10768Bellagio Road, Los Angeles, CA 90077, and at any adjournment or postponement thereof, as follows,with the same force and effect as the undersigned might or could do if personally present.
Proposal No. 1: Adoption of proposed amendment of theexisting By -Laws (check one).
For Against Withhold Vote
Proposal No. 2: The election of the following nineindividuals as Directors of the BAA, to serve effectively immediately commencing upon the tabulation ofvotes (whether in person or by proxy) at the Special Meeting of Members, with such Directors toreplace any presently sitting Directors and to hold office until the 2017 Annual Meetingof Members of the BAA (check one per name):
Name For Against Withhold Vote
Marcia Hobbs James Hyman Maureen Levenson Dan Love Jamie Meyer Steven Myers Tawny Sanders Gail Sroloff Sopavan (Nook) Suphamongkhon
REVOCATION OF PROXY: Any member executing a proxyhas the power to revoke or amend it at any time before it is voted by complying withCalifornia's Corporations Code Section 7613(b).
Please Print Name of Member Please Print Membership Address
Please Sign Above Please Print Date Signed
610133.1 e1' -Air Association Blog Page 1 of 3 JrEXHIBIT_I_- Deponent b l Bel -Air Association Blog Date''Y26.//& The Qflieial Bel-Air Association BLQÇ for our community featuring news, wwwvoaooa.00rRP 7a i events, alerts and information that concern us all.
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REMINDER: Tonight's Meeting at the Bel -Air Country Club Is STAY CONNECTED UNAUTHORIZED and Is NOTA MEETING OF THE BEL -AIR ASSOCIATION 1:49 PM No comments FOLLOW US BY EMAIL Dear Bel -Air Association Members, You may be received additional information by mail yesterday, or you may have otherwise been contacted, regarding the so-called `Special Meeting' to be held tonight, Thursday, March 17, Enter your Email: 2016. As a reminder, tonight's meeting is NOT a meeting of the Bel -Air Association. Regrettably, the few ISubscribe me) s 1 individuals who recently joined the Bel -Air Association and then organized this meeting for themselves are Preview Powered by FeedBlitz deceiving some Bel -Air Association members into believing that It Is an official meeting of the Bel -Air Association. * *Al! data and information provided on this site is Nothing... for informational purposes only. The Bel Air READ MORE Association makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will Bel -Air Association's Communications with Organizers of not be liable for any errors, omissions, or delays In this information or any losses, injuries, or Unauthorized and Invalid March 17, 2016 Meeting damages arising from its display or use. All 1:19 PM No comments information Is provided on an as -is basis.**
Dear Bel -Air Association Members: Below is an important communication sent from President Ron Hudson in . Powered by Blogger. response to an email received from Fred Rosen regarding the Unauthorized "Special Meeting"tomorrow. Fred: No matter how much you wish that your March 17, 2016 meeting would be valid, the facts and the law are clear BLOG ARCHIVE that If the meeting takes place in the manner that you and your cohorts have described, it Is not a meeting of the 7 2016(21) Bel -Air Association. Accordingly, we would assume that anyone who attends such a meeting or gives a.., March (8) REMINDER: Tonight's Meeting at the Bel -Air - READ MORE Country...
Bel -Air Association's Communications with WARNING: March 17, 2016 "Special Meeting" is NOT an Official Bel - Organize... Air Association Meeting WARNING: Marsh 17, 2016 "Special Meeting" is NOT... 11:50 AM No comments Setting the Record Straight;- No Bel -Air Dear Bel- Air Assodatton Members: We wanted to remind you once again that despite emails and other Associati... communications to the contrary, the so-caned "special meeting' to be held on March 17, 2016 is NOT an Unauthorized and Invalid March 17, 2016 authorized or a legitimate meeting of The Bel -Air Association. While a small group of Individuals have chosen to °Meeting' meet on this date, they are unfortunately misrepresenting the scope of their meeting, and in doing so, are Bel -Air Association Successfully Defends Meritless...
'Inn/2n1 F ]3e1 -Air Association 1319g Page 2 of 3
misleading some Bel -Air Association members into believing it is an official meeting of the Bel -Air Association. In Memoriam: Nancy Reagan 1921 -2016 To... MITIGATED NEGATIVE DECLARATION UPDATE READ MORE February (7) Setting the Record Strait-No Bel -Air Association "Special January (6) Meeting" on March 17,2016 2015 (61) 4:07 PM No comments 2014 (934)
Dear Bel -Air Association Members: An article in this week's Beverly Hills Couder contains false and misleading 2013 (1024) information about an unauthorized, so- called °special meeting' of the Bel -Air Association on March 17, 2016. 2012 (788) Once again, please know that this purported March 17th meeting is a sham, and that the Bel -Alr Association has officially noticed the special meeting of the Bel -Air Association to be held on May 11, 2016. While 2011 (377)
the Courier story quotes several members of an... 2010 (362)
READ MORE 2009 (315)
2008 (192) Unauthorized and Invalid March 17, 2016 "Meeting" 2007 (101) 5:03 PM No comments
Dear Bel -Air Association Members, We understand a letter has been sent to the community by four "members of the Bel -Air Association" regarding a purported 'meeting' of the Bel -Air Association on March 17, 2016. That 'meeting' is NOTa meeting of the Bel -Air Association, the letter was NOT sent by the Bel -Air Association, and NO action taken at such a "meeting" will have any effect on the Bel- Air Assodation. Accordingly, the Bel -Air Association does not recommend that you attend. Please see our biog posting...
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Bel -Air Association Successfully Defends Meritless Lawsuit, Declares Proposed March 17, 2016 Meeting from a Minority of Members as Unauthorized, and Takes Other Action to Preserve and Protect Bel -Air 5:20 PM No comments
Dear Bel -Air Association Members, The Bel -Air Association has successfully defended our community against the actions of a small handful of individuals (the'Alllance') who have been seeking to take _.= --__----- over and disrupt your BeMIr Association from advocating for your =- :"="'.=::_-=_- rights to live in a safe and secure environment, protecting the financial -==_. security of your home and defending your reasonable right to improve -- your properly. After...
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In Memoriam: Nancy Reagan 1921 -2016
In Memoriam NANCY D. REAGAN July 6, 1921 - March 6, 2016 A resident of Bei -Air since1889,Nancy Reagan will always be
iremembered for her strength of character as an actress, as First Lady
jof the United States, and as an advocate for numerous causes, including drug abuse prevention and breast cancer awareness. On behalf of the Bel -Air Association, we offer our deepest...
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THIS SLOG IS FOR ENTERTAINMENT PURPOSES ONLY AND NO REPRESENTATION, EXPRESS ORIMPLIED, IS MADE AS TO THE ACCURACY OF THE INFORMATION CONTAINED HEREIN, AND NO PARTY IS AUTHORIZED TO RELY ON SUCH INFORMATIONFOR ANY PURPOSE WHATSOEVER. IN SHORT, READ AT YOUR OWN RISK
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REMINDER: Tonight's Meeting at the Bel -Air Country Club Is STAY CONNECTED UNAUTHORIZED and Is NOTA MEETING OF THE BEL-AIR ASSOCIATION 1:49 PM Nocomments FOLLOW US BY EMAIL Dear Bel -Air Association Members, Enter your Email: You may be received additional information by mail yesterday, or you Subscribemela may have otherwise been contacted, regarding the so-called "Special Preview I Powered by FeedBlitz Meeting" to be held tonight, Thursday, March 17, 2016. * *A11 data and information provided on this site is for informational purposes only. The Bel Air As a reminder, tonight's meeting is NOT a meeting of theBet -Air Association makes no representations as to accuracy, completeness, currentness, suitability, Association. or validity of any information on this site and will not be liable for any errors, omissions, or delays In Regrettably, the few individuals who recently joined theBel -Air this information or any losses, injuries, or Association and then organized this meeting for themselves aredeceiving damages arising from its display or use. All some Bel -Air Association members into believing that it is anofficial information is provided on an as -Is basis. ** meeting of the Bet -Air Association. . Powered by Blogger.
Nothing could be further from the truth. BLDG ARCHIVE
hired) have 2018 (21) These individuals (and the attorneys that one of them has March (8) intentionally misread thé right to call for a special meeting as aright to REMINDER: Tonight's Meeting at the Bel -Air conduct the meeting. Country... Bel -Air Association's Communications with These individuals have also intentionally ignored theCalifornia Organize... Corporations Code, which provides for the Bel -Air Association toset WARNING: March 17, 2016 "Special Meeting" the meeting and send out a notice within 20 days of the request, Is NOT... which we did with their first request of February 12, 2016. Setting the Record Straight - No Bel -Air Associati... presented Unauthorized and Invalid March 17, 2016 Their meeting tonight is a different request that was never "Meeting' to us and violates this and many other aspectsof the California Bel -Air Association Successfully Defends Corporations Code. Meritless...
In Memoriam: Nancy Reagan 1921 -2016 This is why any actions purportedly taken at tonight meetingwill have NO MITIGATED NEGATIVE DECLARATION effect whatsoever on the day -to -day operations, policies, programs, UPDATE bylaws or directors of The Bel -Air Association. February (7) notify our members with When The Bel -Air Association holds meetings, we January (6) the meeting date, time, and location, in addition to the purposeof the meeting, all in accordance with our bylaws and theCalifornia 2015 (61)
Corporations Code. 2014 (934)
Thank you once again for your attention to this matter. 2013 (1024) 2012 (788) 0)JZ EXHIBIT We want to be sure that all the information ourmembers receive about 2011 (377) truthful. De onent lSOYI The Bel -Air Association is genuine, substantive and 2010 (362) 2009 (315) Datt;24h Rptr? Please feel free to contact us if you have anyquestions. W W WDEPOBOO&COM 701
Ilitry/Airww helaironline.org/2016/03/reniinder-tonights-meeting-at-bel-air.html 3/20/2016 RJMINDER: Tonight's Meeting at the Bel -Air Country Club Is UNAUTHORIZED and I... Page 2' of 3
2008 (182) Sincerely, 2007 (101). Ron Hudson
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In Memoriam: Nancy Reagan 1821 -2015
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Bel -Air Association's Communications with Organizers of STAY CONNECTED Unauthorized and Invalid March 11, 2016 Meeting 1:19 PM Nocomments
Dear Bel -Air Associatión Members: FOLLOW US BY EMAIL
Below is an important communication sent from President Ron Hudson Enter your Email: in response to an email received from Fred Rosen regarding the Subscribe mel s, Unauthorized "Special Meeting" tomorrow. Preview I Powered by FeedBlitz
* *All data and Information provided on this site is Fred: forinformational purposes only. The Bel Air Association makes no representations as to No matter how much you wish that your March 17, 2016 meeting would be accuracy, completeness, currentness, suitability, valid, the facts and the law are clear that if the meeting takes place in or validity of any Information on this site and will the manner that you and your cohorts have described, it is not a meeting not be liable for any errors, omissions, or delays in of the Bel -Air Association. Accordingly; we would assume that anyone who this information or any losses, injuries, or attends such a meeting or gives a proxy and is not made aware of the damages arising from its display or use. All circumstances that the meeting is riot an authorized Bel -Air Association information is provided on an as -is basis.** meeting may have a valid claim for damages against anyone involved in . Powered by Blogger. arranging the meeting and anyone who takes action pursuant to voting,
etc. at the meeting for frauds misrepresentation, conspiracy, etc. BLOG ARCHIVE
And, of course, all of this could be avoided by your group merely abiding y2016 (21) by Judge Karlan's advice to participate in a fair election at the Bel -Air March (8) Association's Annual Meeting, where your 9 cohorts will have an REMINDER: Tonight's Meeting at the Bel -Air opportunity to be elected as directors, as the 9 incumbents will. In fact, Country... it is perplexing why any of your group would run the risk of a significant Bel -Air Association's Communications with adverse legal result when you can simply participate in a fair election at Organize... the Annual Meeting. WARNING: March 17, 2016 "Special Meeting" Is NOT...
In any event, we are sending this to you with a copy to your 9 board Setting the Record Straight - No Bel -Air nominees so that there can be.no question but that you have all been put Associati... on notice by what appears to be your reckless behavior without regard to Unauthorized and Invalid March 17, 2016 the rights of those in the community who may be deceived by your "Meeting' actions. . Bel -Air Association Successfully Defends Meritiess... We strongly urge you and each, of your 9 board nominees to do the right In Memoriam: Nancy Reagan 1921 -2016 thing for the community and protect your own personal liability and either call off the March 17 meeting or conduct it as any kind of meeting MITIGATED NEGATIVE DECLARATION of yours that is clearly not a meeting of the Bel -Air Association. UPDATE
Of course, nothing in this or any other communication to you is intended February (7) to waive any rights that the Bel -Air Association has against you or anyone January (6) else for your contemplated unauthorized March 17 meeting. 2015 (61) Sincerely, I. 2014 (934)
2013 (1024) Ron' Hudson President 2012 (788) JL EXHIBIT The Bel -Air Association 2011 (377) Deponent tL) 2010 (362) Recommend this on Google Y G+1 (a 2009 (315) Dale Rptr.7 7 l www.DEeosooscoM Newer Post Home Older Post
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WARNING: March 17, 2016 "SpecialMeeting" is NOT an Official Bel - STAY CONNECTED Air Association Meeting
11:50 AM No comments
FOLLOW US BY EMAIL Dear Bel -Air Association Members: Enter your Email: We wanted to remind you onceagain that despite emails and other Subscribe mel z communications to the contrary, the so-called "special meeting" to be Preview I Powered by FeedBlitz held on March 17, 2016 is NOTan authorized or a legitimate meeting of * *Alf data and information provided on this site Is The Bel -Air Association. for informational purposes only. The Bel Air Association makes no representations as to have chosen to meet on this date, they accuracy, completeness, currentness, suitability, While a small group of individuals and will misrepresenting the scope of their meeting, andin or validity of any information on this site are unfortunately not be liable for any errors, omissions, or delays In doing so, are misleading someBel -Air Association members into this information or any losses, Injuries, or believing it is an official meetingof the Bel -Air Association. damages arising from its display or use. All information is provided on an as-ii basis.** other information that is circulating, To be absolutely clear: despite . Powered byBlogger. the the March 17. 2016 meetingthis Thursday is NOT a meeting of Bel -Air Association. BLOG ARCHIVE Additionally, any actions or discussionsat the March 17, 2016 2016 (21) impact whatsoever on the day - to-day March (8) meeting will have NO official REMINDER: Tonight's Meeting at the Bel -Air operations, policies, or programsof The Bel-Air Association. Country... notify Bel -Air Association's Communications with When The Bel -Air Associationholds official meetings, we promptly Organize... our members with themeeting date, time, and location. WARNING: March 17, 2016 "Special Meeting" is NOT... The Bel -Air Association will alsoprovide timely information in advance of Setting the Record Straight - No Bel -Air to have a our official meetings sothat all of our members may continue Associati... voice in our community. Unauthorized and Invalid March 17, 2018 "Meeting° Thank you for yourattention to this matter. Bel -Air Association Successfully Defends Meritless... Please feel free to contact us if youhave any questions. In Memoriam: Nancy Reagan 1921 -2016 MITIGATED NEGATIVE DECLARATION UPDATE
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Setting the Record Straight-No Bel -Air Association "Special STAY CONNECTED Meeting" on March 17,2016 4:07 PM No comments
Dear Bel -Air Association Members: FOLLOW US BY EMAIL
Enter your Email: An article in this week's Beverly Hilts Courier contains false and ISubscribe mel » misleading information about an unauthorized,so- called "special Preview l Powered by FeedBlilz meeting" of the Bel -Air Association on March 17, 2016. * *All data and informotion provided on this site Is for informational purposes only. The Bel Air Once again, please know that this purported March 17th meeting is a Association makes no representations as to sham, and that the Bel -Air Association has officially noticed the special accuracy, completeness, currentness, suitability, meeting of the Bel -Air Association to be held on May 11, 2016. or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or While the Courier story quotes several members of an organization calling damages arising from its display or use. All themselves the Bet -Air Homeowners Alliance, it should be noted that information Is provided on an as -is basis.** the Couriers reporter made no attempt whatsoever to contact leadership . Powered by Blogger. of the Bet -Air Association to get a fair and balanced perspective.
BLDG ARCHIVE Furthermore, though it is not mentioned at all in the Couriers story, Marcia Hobbs, who is quoted extensively in the piece, also serves as 2016 (21) publisher of the Beverly Hills Courier. Hobbs herself brought a lawsuit March (8) . REMINDER: Tonight's Meeting at the Bel -Air against the Bel -Air Association in 2015. After Hobbs' lawsuit crumbled and Country...
failed, she ultimately dismissed it on March 3, 2016. Bel -Air Association's Communications with Organize...
Sadly, the Courier's direct relationship with Hobbs, in addition to its WARNING: March 17, 2016 "Special Meeting" consistent practice of publishing false and inflammatory stories regarding is NOT... the Bel -Air Association, ensures that the Courier cannot be trusted as an Setting the Record Straight No Bel -Air. objective or reliable source of information regarding special meetings or Associati... any other matter involving the Bel -Air Association. Unauthorized and Invalid March 17, 2016 "Meeting°
We will continue to fight for and protect the rights of all our residents. Bel -Air Association Success.uccessfully Defends Meritless...
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letters for trustworthy information regarding our community and the Bel- MITIGATED NEGATIVE DECLARATION Air Association. UPDATE
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Unauthorized and Invalid March 17, 2016 "Meeting" STAY CONNECTED
5 :03 PM No comments Dear Bel -Mr Association Members, FOLLOW US BY EMAIL We understand á letter has been sent tothe community by four "members of the Bel -AirAssociation" regarding Enter your Email: "meeting" of the Bel -Air Association on ISubscribe met a a purported Preview I Powered by FeedBlitz March 17, 2016. . * *All data and informatioh provided on this site is for Informational purposes only. The Bel Air That "meeting" isNOTa meeting of the Association makes no representations as to Bel -Air Association, the letter wasNOTsent by the Bet - accuracy, completeness, currentness, suitability, or validity of any information on thissite and will Air Association, andNOaction taken at such a not be liable for any errors, omissions, or delays in "meeting" will have any effect on the Bel-Air this information or any losses, Injuries, or damages arising from its display or use. All Association. information is provided on an os -is basis.** Accordingly, the Bel -Air Association does not - . Powered byBlogger. recommend that you attend. BLDG ARCHIVE
Please see our blog posting on March 8 2016 (21) /2016/03 /bet -air- March (8) (http: / /www. belaironline.org REMINDER: Tonight's Meeting at the Bel -Air association- successfu.ity:htm 1), whichdescribes the Country... situation with these individuals. Bel -Air Association's Communications with Organize... Sincerely, WARNING: March 17, 2016 " Spécial Meeting" is NOT... Your Bel -Air Association Setting the Record Straight - No Bel -Air Associati...
G +1Recommendthls on Google Unauthorized and Invalid March 17, 2016 "Meeting' Older Post Newer Post Home Bel -Alr Association Successfully Defends Meritless...
In Memoriam: Nancy Reagan 1921-2016
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1 4 r+ 01 n1 e1_`_1 -1 i7ni']n1 13el -Air Association Successfully Defends Meritless Lawsuit,Declares Proposed March 1...Page 1 of 3
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LAND USE ALL NEWS KEEP BEL-MR BEAUTIFUL PRESIDENTS CORNER
Bel -Air Association Successfully DefendsMeritless Lawsuit, STAY CONNECTED Declares Proposed March. 11, 2016 Meetingfrom a Minority of Members as Unauthorized, and Takes OtherAction to Preserve 4. and Protect Bel -Air FOLLOW US BY EMAIL 5:20 PM No comments
Enter your Email:Li Dear Bel -Air Association Members, I Subscribe mel » Preview I Powered by FeedBlitz The Bel -Air Association has successfully defended ourcommunity against the actions of a small handful of individuals(the "Alliance ") who have been * *All data and information provided on this site is seeking to take over and disrupt your Bei -AirAssociation from advocating for informational purposes only. The Bel Air environment, protecting the Association makes no representations as to for your rights to live in a safe and secure accuracy, completeness, currentness, suitability, financial security of your home and defending yourreasonable right to or validity of any Information on this site and will improve your property. not be liable for any errors, omissions, or delays in this information or any losses, injuries, or After spending untold dollars in anunsuccessful lawsuit, the damages arising from Its display or use. All . information is provided on an as -is basis.** Alliance crumbled and dismissed thismeatless and divisive lawsuit against the Bel -Air Association last Thursday.- . . Powered by Blogger.
In an apparent act of desperation, someAlliance members mailed BLOG ARCHIVE misleading "Special Meeting Notice" to all Bel - an unauthorized and 2016 (21) Air Association members and nonmembers,attempting to accomplish y March (5) by trickery what it could not accomplishin court. (You may have REMINDER: Tonight's Meeting at the Bel -Air received this notice in the mail supposedlycoming from the Bel -Air Country... Association for a meeting on March 17. Thisdid not come from your Bel - Bel -Air Association's Communications with Organize... Air Association.) . WARNING: March 17, 2016 "Special Meeting" Is NOT... This sham March 17, 2016 "SpecialMeeting" is unauthorized, and will be ineffective. The same people Setting the Record Straight - No Bel -Air any actions purportedly taken Associati... already requested a special meeting, which weset for May 11, 2016. Unauthorized and Invalid March 17, 2016 "Meeting' As stewards for the community, theBel -Air Association. is greatly Bel -Air Association Successfully Defends concerned that some good- hearted Bel -Airresidents may have been Meritless... of dollars to help "protect duped into giving the Alliance thousands In Memoriam: Nancy Reagan 1921 -2016 our community," yet suchfunds are seemingly being funneled to ill- other than to HURT & MITIGATED NEGATIVE DECLARATION advised activities that serve little purpose UPDATE DIVIDE our community. 0- February (7) transparency and Questions may now be raised about Alliance . January (6) how the Alliance may be squanderingdonations made by its members on fruitless,unproductive litigation. 2015 (61) .. 2014 (934) Marcia Hobbs, publisher of the Beverly HillsCourier and founding member . 2013 (1024) of the Alliance, filed a lawsuit againstthe Bel -Air Association in February I EXHIBIT7 2015, alleging among other things that theBel -Air Association had failed to 2012 (788) hold an annual meeting and to maintain25 directors on its board (the 2011 (377) onent SÙi litigation for the Alliance (the "Alliance lawsuit "). After a year of costly 2010 (362) Association's insurance policy coveredits costs), Ms, Hobbs 2009 (315) dismissed the Alliance lawsuitlast Thursday.
3/20/2016 n=7 1NPTa;rr.nirte. nra/7016 /03/ bel -air -association- successfully.html 'Bel -Air Association Successfully Defends Meritless Lawsuit, Declares ProposedMarch 1...Page 2 of 3
2008 (192) The same day that she dismissed the Alliance lawsuit, Ms. Hobbsand a 2007 (101) few other Alliance founders sent an unauthorized and invalid notice of a
special meeting of the Bel -Air Association's members. That March 17 LABELS meeting is a sham because it was never authorized by the Bel -Air Association. Accordingly, no action can be taken on behalf of the Bel -Air 405 Expansion Project Association at that meeting. Anti- Mansionization
bel -air (Please see the below letter from the Bel -AirAssociation to Ms. Hobbs and the others declaring, among other things, that their meetingis unauthorized bu.urglar and shall have no effect on the Bel -Air Association.) CamefBs Weare well aware that the Alliance may attempt totwist these facts, cell tower mislead our community and take other actions to further disruptthe Bel -Air Construction Association. Nevertheless, please be assured that with your support,the Bel -Air Association will continue to fight for and protect therights of all our Coyotes .
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Emergency Preparedness Sincerely, Ron Hudson htfpJlwww .biogger.corwmg/blank.gif Your Bel -Air Association President Land Use
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o.a.hanmbeyMare4takmudNadq Spieker Aquatic Center Yf»mllkndaSerporathneCede end the BdnarAemebdodsbylawerdymtUlb you roLeaaea e apsrial mrodrg, ter heed orcandua it. Yea spedal mating mice th rzetatmetfece UCLA That npeera0ytmrw.nraar noOx entetn1aarda Item lb. tre eempletely different tran thespecial meta% regrrcx that yrweeknitt.d baton relembryl2 :016. Updates Asngtdrud bytrllràef +Corpomtlm colefetYlnn nn {er,Mra.paawlayoutrebrwar11.7016r+queti5uespecial Meeting, we etcamed mace to bei+mn a the membm eatiticd bw*e that a mating be belt et a lime faced by .tllo board ' atleu than 95 nee more than ace cats after*. recespea the reelect.' Vie al. gaeeihrnoUra.within 20 daze altattereiptoftle ràvedat'. Acemdfntlryar'may NW_Sph +Them:I a femphidcaddedl. BLBG ARCHIVE YourtnmWlwkyd notice- onWall of the &hAlrWlandeni rtnees Uta Assoclatlett ra3itla+rd rd common Few trademars, htdalblg barks rroatra to 1S. TredenvtkSae. Na S07]Á94, lc aBucwaWtes an unfair business 2016 (21) pavan that k acdenahte; aarGolan§goabms,snit Rdar.brs {ear sus-lions 17.50 et seq, March (8) we bwefinedemadthat yore lmteedieleteseal be evee,wzreto wiw'mkier went yeur netkea dearmrediriethatyea 1/1.94.e9 ldt'*Ungen htiirt.3717016b SamAltxkaan rdentlhtt,Inetudins, withoottitnita n, lórWassof you who REMINDER: Tonight's Meeting at the Bel-Air deltabb.! the BewJ IlCawier, arequertb the getrely17L alai, Out rlpubWha emtecrian Ioeh Notice Country... brishkd Iasi MIOac aura la three aytel WF. ó&MMMad WM aereI$ WU Cdatite.OW genital Mullet Maserh colonctlan actually be panted in this HiLyl edition of the Comaär. palate rnl/hm no Wei-than t0ú Niday. March 17, Bel -Air Association's Communications with AVG¢ntyzo &we miNg 6.1íh thgrf nearca, Organize... Y are a coarse beeto meet with 94.9A-raiabwmembers orwryane ehc wheneer met wherever youwith But yea aia'de+rNt'L03,bM ICterded t,ka'enasinthe Naha' al our atwerativaaa rya hawprop4atd.9hbald you cerata WARNING: March 17, 2016 "Special Meetings' ea damnda or tenducta meeting purpatedlyin Ow nameol the Aaoda ion, your reentbeethípan.ybe aubjact b terminationm a.coWama with CaSWmk[Vaat;4aUCole ,- Ii,Td41 Is NOT...
syncamlrr, Setting the Record Straight - No Bel -Air Associate... tUUSa BeliilASSetfaUen Dbeaór, seesaw! andfenaaLl Coamel Unauthorized and Invalid March 17, 2016 rapMt Maureen Levinson alxobóu906earW W:.rhgt °Meeting° Sauk IAfth4, 7016at4gr4#3 PMtS. T1/:119/1 Hudetur4w@nror+wdsondnta(,ul.ronV, pauletee Crà3ry MITIGATED NEGATIVE DECLARATION UPDATE February (7) January (6) 2015 (61) IG +1 I Recommend this on Google 2014 (934) Older Post NewerPost Home (7-1) httn: / /www.belaironl ine.org/2016 /03/bel- air-association- successfully.html 3/20/2016 BekAir Association Blog The Official Bel -Air Association BLOG for our community featuring news, events, alerts and information that concern us all. Home Sunday, March 27, 2016 DONT BE FOOLED! Alliance Members Have Not Legally Taken Over the Bel -Air Association. ASSOCIATION°J DON'T BE FOOLED! The Bel -Air Association's existing 25 directors remain in office. Unauthorized Meeting by the Alliance -The "meeting" conducted on March 17 by members of the Bel Air Homeowners Alliance was not an authorized meeting of theBel -Air Association. It was a sham. "meeting" that has no effect on the Association. Break -In of BAA Office- Immediately after their "meeting ", Alliance members (including Fred Rosen, Marcia Hobbs (Publisher of the Beverly Hills Courier) and Dan Love) broke into the Bel -Air Association's office at. 100 Bel Air Road. They changed the lock and posted three 24 -hour security guards hired by Fred Rosen. The Alliance members acted without notice and were uncivil. Takinq /Freezing of BAA Bank Accounts-The next morning, Alliance members went to the Association's two banks and creatively convinced a bank manager at one bank to allow them towithdraw all of the funds from the Association's accounts. The other bank froze the Association's account. Alliance Members Would Not Participate in a Fair Election-For at least 2 years, the Alliance's board members have been trying to convince the community that they should be in control of the Bel -Air Community. Before the Alliance members scheduled their unauthorized "meeting ", the Association had already scheduled an authorized, fair Annual Meeting election for 9 of the Association's incumbent directors and 9 of the Alliance's nominees. It must have become obvious to the Alliance that they could not succeed at that fair election, so they decided to take their self -help action of holding their own unauthorized "meeting ", breaking into the office and taking the Association's bank accounts. Necessary Court Action -Our lawyers have recently filed a lawsuit against these unauthorized actions. We anticipate that a Court will soon rule in our favor to confirm the rightful current directors and force the Alliance members to return the office and funds to the Association. The Association's Directors Continue to Work -Regardless of whether you are an Association member, your legitimate Association directors are currently working to protect the Bel -Air Association. You may disregard any communicationsfrom the Alliance members. I can be reached at president @belaironline.org. Thank you for your support. Sincerely, Ron Hudson President of the Bel Air Association Bruce Kuyper at 4:00 PM r.: fG+1) No comments: Post a Comment Note: Only a member of this blog may post a comment. Home View web version Powered by Blogger. BY -LAWS OF BEL -AIR ASSOCIATION ARTICLE I. OFFICES Section 1. The principal office for thetransaction of the business of this corporation shall be in the City of LosAngeles, County of Los Angeles, State of California, at such location as the Boardof Directors of this corporation shall from time to time determine. Section 2. This corporation may havesuch offices other than and in addition to its principal office and in suchplace or places as the Board of Directors of this corporation may fromtime to time determine. ARTICLE II. MEETING OF MEMBERS Section 1. The annual meeting of themembers of this corporation shall be held in the City of Los Angeles at atime and place determined from time to time by the Board of Directors. Section 2. Special meetings of the members maybe called at any time by the President or by the Board ofDirectors or by any three (3) or moreDirectors or by any three (3) or moremembers. Section 3. Written notice of annual orspecial meetings of the membership shall be given to each member of thiscorporation, either personally or by mail or by telegram, charges prepaid, at theaddress of the member appearing on the books of this corporation. If a membersupplies no address, or if no address appears upon the booksof this corporation for a member,notice shall be deemed to have been given to suchmember if mailed or sent to the placewhere the principal office of this corporationis situated. All such notices shallbe mailed or delivered in person ortelegraphed to each member entitledthereto at least five (5) days beforò such meeting. Section 4. The presence inperson or by proxy of one hundred (100) members shall constitute a quorum forthe transaction of business at allmeetings of the members. In the absence of a quorumat any meeting of the members such meeting may be adjournedfrom time to time by the vote of amajority of the votes represented at the meeting,but no other business maybe transacted. No notice of-any adjourned meeting needbe given to any member Section 5. Any action which might betaken at a meeting of the members by duplicate writings may be taken without ameeting if authorized by a writing or (yi+t EXHIBIT D.eonen¡t /Z.(0/Ì{s \M,/dYj Date R W W WDEPOBOO&COM 70( signed by members entitled to exercise a least two- thirds (2 /3rds) of the voting power of this corporation and filed with the Secretaryof this corporation. Section 6. Special meetings of the members shall be held at the principal office of this corporation in the City of Los Angeles, State of California, or at any other place in the County of Los Angeles, State of California, designated by a majority of the Board of Directors, said Board being hereby authorized to designate from time to time the place or places for the holding of special meeting of the members. Section 7. ` At all meetings of the members of this corporation each member of this corporation shall be entitled to one (1) vote provided, that in the event a membership is owned or held by more than one person orcorporation jointly or otherwise, then the owners or holders of such membership shall be collectively entitled to but one (1) vote, which vote shall always be cast as the majority of such owners or holders determine, or if such membérshipis owned or held by two such owners or holders, then as such.two owners or holders shall together determine or if such two owners or holders cannot agree as to the casting of such vote then such vote shall not be counted as havingbeen cast, provided that unless one of such two owners or holders at the time of the casting of-or attempt to cast such vote shall in open meeting voice protestto the manner of casting, such vote shall be deemed tohave,been cast with the consent and approval of both such two owners or holders. ARTICLE Ill. BOARD OF DIRECTORS Section .1. Subject to any limitations contained in the Articles of Incorporation of this corporation and these by -laws and of the general corporation law of the State of California as to action to beauthorized or approved by the members, all of the corporate powers ofthis corporation shall be exercised by or under the authority of, and the businessand affairs of the corporation shall be controlled by a Board of Directors, twenty -five(25) in number, and ex- officio members of the Board ofDirectors and in addition past Presidents of the corporation as hereinafter provided. Seven (7)Directors shall constitute a quorum of the Board for the transactionof business. 'Directors must be members of this corporation. Included in theforegoing authority of the Board of Directors is the authority to, in such instances asthe Board shall deem proper, take such action as the Board shall determine feasibleto enforce and require compliance with restrictions where the enforcementrights are held by the Association and the property is within the territoryserved by the Association and the determination by the Board of Directors as towhether such action should be taken shall be conclusive. . Section 2. The Directors shall be selected at the annualmeeting of the members. Their term of office shall begin immediatelyafter election. The Directors named in the articles of incorporationshall hold office only until the next annual meeting of the active members ofthe corporation, and until their 2 elected an qualified. Commencingwith the Directors elected at successors are elected for a three year term, the 1965 annual meetingnine (9) Directors shall be (8) Directors for a one year eight (8) Directors for atwo year term, and eight Directors shall be nominated and term. Following theannual meeting of 1965, in the year 1966 and each third elected for a three yearterm, eight to be elected eight to be elected in the year1967 and each third year year thereafter, and each third year thereafter. thereafter, and nine to beelected in the year 1968 shall be designated at the time The term for whicheach Director is to be elected Directors shall serve the term towhich they are elected and of nomination and term of office until their respective successors areelected and qualified. Their after election. The Directors maybe nominated: (a) shall begin immediately committeeappointed by either by the Board ofDirectors itself or by a nominating signed within eleven it; (b) by petition deliveredto an officer of the corporation, time directors will be electedby members months preceding the next member present at the representing two percent ofthe voting power; (c) by any annual meeting. provided they are Section 3. All past Presidentsof the corporation, forth certain members of the members of the corporationand as hereinafter set termination of their terms or thereaftershall ex- officio be Board of Directors upon and any such ex members of the, Board ofDirectors. Any such past President withdrawn as a Director by vote officio member of the Boardof Directors may be annual meeting or at aspecial meeting, called for such of the members at their President shall not be purpose and in theevent of such withdrawal such past until such time as the members,at an annual meeting or reinstated as a Director Board of Directors special meeting, vote suchreinstatement. A member of the then Board of Directorshas by reason .of themember's who in the opinion of the warrants exceptionally long and meritoriousservice as a member of such Board officio member of the Board the same may bedesignated by the Board as an ex- of Directors. of this corporation Section 4. Regular meetingof the Board of Directors determined by the Board ofDirectors in a may be held atsuch times as shall be resolution duly and regularlyadopted. of the members, Section 5. Immediatelyfollowing each annual meeting shall hold a regular meetingfor the purpose of the Board of Directors be brought organization, and the transactionof such other business as may need be given. before such meeting. Nonotice of any such meeting be called at Section 6. Special meetingsof the Board of Directors may President, or if he is unable orrefuses to act, by the Vice - any time by the notice of the time and place of President, or by any three(3) Directors. Written delivered personally to each special meetings of theBoard of Directors shall be telegram, charges prepaid, at Director, or sent to eachDirector by mail or by be the duty of theSecretary to least three (3) daysbefore the Meeting. It shall Board of Directors to begiven, but cause such noticeof special meetings of the officer or by any Director. such notice may alsobe given by any other 3 C(a ,3) Section 7. The business transacted at any meeting of the Board of Directors, whether regular or special, however called and noticed, or wherever held, shall be as valid and binding as though transacted at a meeting duly held after regular call and notice if a quorum be present, and if, either before or after the meeting, all of the Directors sign a written waiver of notice or a consent to the holding of such meeting. Section 8. All meetings of the Board of Directors shall be held at the principal office of the corporation in the City of Los Angeles, Stateof California, or at any other place in said City ofLos Angeles, State of California, designated by the President of the corporation, or at any place in the Countyof Los Angeles, State of California, designated from time to time by the resolutionof the Board of Directors. Anymeeting shall be valid wherever held, if held upon the written consent of all of the Directors, given either before or afterthe meeting and filed with the Secretary of this corporation. ARTICLE IV. OFFICERS Section 1. The officers of this corporation shall be a President, one or more Vice -Presidents, a Secretary,and a Treasurer, who shall be appointed by the Board of Directors. Section 2. The Board of Directors may create suchother offices and appoint such other officers and agents as it may deem necessary ordesirable, who shall have such authority, hold theiroffices for such terms and shall exercise such powers and perform such duties as shall bedetermined and prescribed from time to time by said board. Section 3. Any two or more offices, except those ofPresident and Secretary, may be held by the same person. Section 4. At the last regular meeting of the Boardof Directors, preceding the annual meeting of members, the directorsshall elect a President, one or more Vice -Presidents, a Secretary,and a Treasurer. Such election shall become effective upon such officers being installed at thefirst annual meeting of members following such election. Section 5. The officers of the corporationshall hold office until their successors are elected or appointed in their stead.Any officer elected or appointed by the Board of Directors may beremoved at any time with or without cause by the affirmative voteof a majority of the whole Board of Directors. The officers, agents and employees other thanthose appointed by the Board of Directors, may be removed at any timewith or without cause, by the officer appointing them, or by the Board of Directors. Section 6. The President shall be the chiefexecutive officer of the corporation, and, subject to the Board of Directors,shall have general charge and management of thebusiness and affairs of the corporation. Heshall preside at all meetings of the membersandof the Board of Directors. Section 7. Any Vice -President shallin the absence or in the event of the disability of the President, or in caseof his failure or refusal toact, perform the duties and exercise the powers ofthe President, and shall perform suchother duties as the Board of Directors orthe President shall prescribe. Section 8. The Secretary shallattend all meetings of the Board of Directors and all meetings of themembers, and record all votes andminutes of all proceedings in a book tobe kept fix that purpose. It shallbe his duty to give members and of the Board of or cause to begiven notice of all meetings of the prescribed by the Directors, and he shall performsuch other duties as may be Board of Directors or the President orthese by -laws. Section 9. The Board of Directors mayappoint one or more assistant Secretaries. Each assistantSecretary shall have such powersand perform such the President or the duties as may be assigned tohim by the Board of Directors, Secretary. In the absence ordisability of the Secretary, or in case ofhis failure Secretary in all respects. or refusal to act, anyassistant Secretary shall act as Section 10. The Treasurer shall,subject to instructions of the Board of Directors, keep or cause to bekept, full and accurate accountsof the corporate the books belonging funds and properties, and ofreceipts and disbursements in shall, in accordance with aresolution of the Board of to the corporation, and thereon, deposit Directors regarding bank accountsand the execution of checks deposited all monies and othervaluable effects in the name and to or cause to be designated by the the credit of the corporation,in such depositories as may Board of Directors. . Section 11. The Board ofDirectors may appoint one or moreassistant in case of his failure Treasurers. mn'the absence ordisability of the Treasurer, or such powers and perform or refusal to act, anyassistant Treasurer shall have of Directors, the President such duties as may beassigned to him by the Board or the Treasurer. Section 12.If the office of any Director, orof any officer or agent, of death, resignation,retirement, disqualification, becomes vacant by reason though less than a removal fróm office, orotherwise, the Directors then in office, successor or successors, who shall quorum, by amajority vote may choose a such vacancy occurred. hold office for the unexpiredterm in respect of which the absence of any officerof the corporation, or . Section 13. In the case of that the Board of Directors maydeem sufficient, the Board for any other reason powers or duties, or any of them of Directors may delegatefor the time being the of such officer, to anyother officer, or to anyDirector. ARTICLE V. COMMITTEES Section 1. The Board of Directors may by appropriate action appoint such standing or special committees as may seemappropriate, which committees shall have and may exercise such powers asshall be conferred upon them by resolution of the Board of Directors creating them.The Board of Directors shall have the power at any time to fill vacanciesin, and to change the membership of, or to discharge anysuch committee. ARTICLE VI. Section 1. Memberships in this corporation shallbe limited to persons, firms, or corpórátions, owning of record orrenting under a written lease, real property situate in Bel -Air, or the spouseof any such person owning of record or renting,any such real property, and no person,firm or.corporation shall be entitled to own more than one membership inthis corporation regardless of the amount 6f real property owned or rentedby any such person, firm or corporation within Bel -Air and /or adjacent thereto.Each member shall be elected by a majority vote of the Board of Directors exceptthat all persons who signed the articles of incorporation of this corporationshall be deemed members hereof without any such election. Section 2. No person, firm or corporationother than those entitled to own or hold a membershipin this corporation as hereinabove set forthshall be or shall become entitled to own or hold amembership or any interest in a membership in this corporation. Section 3. Every person, firm or corporationowning or holding a membership in this corporation shall be amember of this corporation. Section 4. Memberships in this corporation areand shall be deemed personal to the members and nomembership in this corporation shall be sold, transferred, assigned, mortgaged, pledged,or.otherwise hypothecated or disposed of, and any attempted sale,transfer,. assignment, mortgage, pledge, or other hypothecation or disposal of anymembership in this corporation shall be void and of no effect. Membershipin this corporation shall not besubject to attachment, garnishment, execution orother legal or judicial process, levy, transfer or sale, and no trustee or receivershall acquire any membership I this corporation, and any such attempt,attachment, garnishment, execution, or other legal or judicial process, levy, transfer orsale shall be void and of no effect.The members of this corporation shallhave no property rights in any ofthe property of this corporation upon dissolution orotherwise. Section 5. When any member of thiscorporation shall die or cease to be eligible to membership in thiscorporation as herein provided themembership of said member in this corporationshall ipso facto cease and terminateand such membership shall be deemed to becancelled. 6 Section 6. No membership fee shall be charged norshall members be reduired to pay at any time any amoúnt to carry onthe business of the corporation, and be subject to assessment,except dues in such amount as may be determined by the Board ofDirectors in advance. Section 7. Any member of this corporation maybe deprived of membership in this corporation, with orwithout cause, upon a resolution, adopted by not less than two- thirds of theDirectors of this corporation. ARTICLE VII. MISCELLANEOUS Section 1. No certificates of membershipshall b.e issued; provided that the Board of Directors mayauthorize and provide for the issuanceof cards to the members which shall, among otherthings, state.the fact of the membershipof the person or persons named uponsuch card. Section 2. The corporate seal of thiscorporation shall have inscribed thereon the name of this corporationand the words and figures"Incorporated - May 25, 1942 - California ". Section 3. All checks of this corporationshall be signed by such officer or officers as the Board of Directors mayfrom time to time designate. 1st Section 4. The fiscal year shall begin onthe day of June and end upon the 31st day of May in each year. Section 5. The sending ofannual reports to the members of this of California corporation as provided inSection 358 of the Civil code of the State is hereby expressly dispensedwith. Section 6. No indebtednessshall be created by or on behalfof the corporation and no money shallbe appropriated ordisbursed by the Board of in or to the credit of Directors unless the amountthereof is at the time deposited the general fund of the corporation. ARTICLE VIII. RESIGNATIONS Section 1. All resignations ofofficers and Directors shall bein writing and shall be delivered delivered to the Secretary, andthe resignation of the Secretary shall become to the President, andunless otherwise stated therein, the same effective immediately uponreceipt thereof by such officer. ARTICLE IX. 7 AMENDMENTS Section 1. These by -laws may be amended or repealed by approval of the members or by the approval of the Board; provided,however, that members must approve any action that would: (a) materially and adverselyaffect the rights of members as to voting, dissolution, or redemption, ortransfer of memberships; (b) increase or decrease the number of membershipsauthorized in total or for any class; (c) effect anexchange, reclassification, or cancellation of all or any part of the memberships; (d) authorize a newclass of membership; or (e) specify or change a fixed numberof directors or the maximum or minimum number of directors or change from a fixed to a variablenumber of directors or vice versa. The power of members to approve therepeal or amendment of Bylaws is subject to the further approval of the membersof as class if such action would: (a) materially and adversely affect the rights, privilege,preferences, restrictions, or conditions of that class as to voting, dissolution,redemption, or transfer of memberships in a-tnanner different than suchaction affects another class; (b) materially and adversely affect such class as tovoting, dissolution, redemption, or transfer ofmemberships by changing the rights, privileges, preferences, restrictions or conditions of another class; (c)increase or decrease the number of memberships authorized for such class; (d) increase the numberof memberships authorized for another class; (e) effect an exchange,reclassification, or cancellation of all or part of the membershipsof such class; or (f) authorize a new class of membership. As of 6/10/03 8 From: Maureen jmaiIto:[email protected]] Sent: February 12, 2016 14:52 To: jamieg1313c aol.com Cc: ronallenormoluc aol.com; paulette( belaironline.oro;[email protected]; marciaamarciahobbs.com; danlove378Ccò_gmail.com; frosen20 @vahoo.com Subject: Re: Calling For Special Meeting Confirmed. Sent from my iPhone Sent from my iPhone On Feb 12, 2016, at 12:01 PM,"jamieg1313(caol.com" ALL Pursuant to Article Il Section 2 of theBy -Laws of the Bel Air Association, wehereby call for a Special Meeting of themembers (which can be called by 3 or moremembers) to be held on Thursday, February 25 at 6:30pmat a place in the community to be determined. The Agenda for the Meeting:. 1. Explanation and Discussion ofthe BM's new land use policy 2. To consider a motion to prohibit ahusband and wife serving as Directors simultaneously on the BM Board 3. To discuss the futureemployment of the Executive Director --theExecutive Director must be available to answerquestions from the audience 4. Discussion of Bruce Kuyper'srole with the BM 5. Discussion of BAA position onthe Bel Air Bar & Grill- -Ron Hudson mustexplain to members why he did not disclosehis conflict of interest -- consideringhe now has office space there Respectfully requested: Dan Love Marcia Hobbs Maureen Levinson Jamie Meyer t EXHIIBIT + i Fredric D. Rosen Deponent¡ NT', Cdn í Z(G(l cDRp^ D 1 W W WDEPOBOOB.COM 7Ú j February 22, 2016 ANNUAL MEETINGNOMINATIONS Dear Bel -Air AssociationMembers, be nominated by thefollowing 3 methods: Our Association'sbylaws permit directors to appointed by it; Directors itself or by anominating committee (a) either by the Board of signed within elevenmonths by petition delivered to anofficer of the corporation, (b) by members representingtwo percent of preceding the next tithedirectors will be elected the voting power; at the annualmeeting. (c) by any member present election of by petition (method"b ") for the next Any member whowishes to be nominated nomination petition deliVered to an scheduled for April13, 2016) must have a directors (currently Bruce Kuyper). Ourofficers will accept Gary Swernik,Charles Beckman or the office is officer (Ron Hudson, including through thefront door mail slot if 100 Bel Air Road, of the membership delivery to our office at representing two percentof the voting power closed. The signaturesof 11 members member who wishes tobe nominated bypetition. are currentlyrequired for any delivered no laterthan 5:00p.m. and petitions for the nestelection must be All nomination the tex aterlal not e c:. in150 w rds 29016. Bio hi al material meeting notice materialssent Mon a Februa deadline in order tobe included in the must also bydelivered by this to members. member of the Bel - to be notifiedof your acceptance as a Finally, for thoseof you who have yet recently elected you as amember. acknowledges that theBoard of Directors Air Association,this letter Welcome, and thank youfor joining! Sincerely, Ron Hudson Your Bel -Air Association President 100 BEL AIR ROAD. Los ANGELES. CA90077-3809 From:Bruce Kuyper Dan, The Association's policy is, as it has been, to respond toreasonable requests from members on a reasonable basis, taking into account all of the circumstances relatedto the request including, without limitation, the burden on the Association's personnel, the time togather any information, the approval process or review of Association's board orcommittees, etc. In furtherance of that policy, the Association willendeavor to respond to reasonable requests within the timeframes required by law and the Association'sgoverning documents. The Association reserves the right to refuse torespond to unreasonable requests including, without limitation, requests that include unreasonable derogatorystatements or follow -up requests when the legal or governing document timeframe torespond has not expired. I have the full support of the board onthis. Sincerely, Bruce From: Dan Love [mailto:danlove3780,gmail.com} Sent: February 23, 2016 10:10 To:'Bruce Kuyper' Bruce- Why is it taking so long to establishthe meeting that we requested? You need to move on with this matter...and what's with the 5business days nonsense? Can't you be mare responsive than counting days...? What's up, Bruce? DanLove. JL EXHIBIT_L? Deponent From: Bruce Kuyper [mailto:[email protected] Li /Lw Date' 'boópc Sent: Tuesday, February 23, 2016 1:45 AM ó To: 'Dan Love' In accordance with your request to me 5 business days ago (below), a PDF copy of the Bel -Air Association's Conflict of Interest Policy is attached. Sincerely, Bruce From: Dan Love (mailto:danlovo378(gmail.com] Sent: February 13, 2016 08:12. To: 'Bruce Kuyper' Please PDF me a copy of the BAA's conflict of interest policy as soon as possible. Dan Love 2 March 3, 2016 Ms. Paulette DuBey Mr. Ron Hudson. Bel -Air Association 100 Bel Air Rd Los Angeles, CA 90077 -3809 Dear Ms. DuBey and Mr. Hudson: As you know, the second section of thesecond article of our By -Laws provides that "Special meetings of the members maybe called at any time by... any three (3) or more members." This wasdone on February 12, yet the Association failed to take any action to effectuate the holding of the meeting.Consequently, and because the By -Laws expressly permit the members themselves tocall the meeting, we have done so. Please see the attachedmeeting Notice. . This notice has already been mailed to every memberof the Association. In fact, it has been mailed to every address in BelAir. As a courtesy, we are asking that the Association mail the attached Notice to all of itsmembers, While it is admittedly a redundancy, it cannot hurt to have the Noticearrive a second time, and on the Association's letterhead. Either way, however, themeeting has been noticed and will proceed as noticed. Marcia Hobbs velm Maureen Levinson Attachment: Notice of Special Meeting NOTICE OF SPECIAL MEETING OF MEMBERS OF BEL -AIR ASSOCIATION To: Members of the Bel -Air Association From: Bel -Air Association Members Marcia Hobbs, Dan Love, Jamie Meyer, and Maureen Levinson Subject: Special Meeting of the Association's Members Date & Time: Thursday, March 17, 2016, 5 :30 p.m. This Special Meeting of the members of the Bel -Air Association will be held Thursday, March 17, 2016, commencing at 5:30 p.m., at: The Bel -Air Country Club 10768 Bellagio Road Los Angeles, CA 90077 This Special Meeting of the.Members of the Bel -Air Association (the "Association ") is being called pursuant to Article II, Section 2 of the Association's By -Laws (dated June 10, 2003), which provide that "Special meetings of the members may be called at any time by... any three (3) or more members." The Agenda for the March 17, 2016 meeting (the "Special Meeting ") is: 1. A vote to amend the By -Laws. 2. A discussion and member "question and answer" session with the Association's Executive Director Paulette DuBey (who has been asked to attend and participate) regarding the Association's policies and practices concerning (a) Bel -Air real estate development, (b) Bel -Air land use, (c) Bel -Air circulation (traffic), and (d) other topics of interest to Bel -Air residents. 3. Contingent upon amendment of the By -Laws, an election of nine (9) members to serve as directors (and to succeed any existing directors) of the Association, with terms to become effective at the conclusion of the Special Meeting. Any Bel -Air Association member shall be eligible to run, at the Special Meeting, as a candidate for such adirectorship. . We look forward to seeing you at this Special Meeting. If you have any questions or wish to rsvp, please contact Jamie Meyer at310 -405 -3094 or email her at belairunited @gmail.com. 610129.1 March 3, 2016 Notice of Annual Meeting of Members to ElectDirectors on April 13, 2016; and Notice of Special Meeting Called by 5 Members toBe Held May 11. 2Q16 Dear Bel -Air Association Members, Our postponed election of 9 of our 25 directorshas been rescheduled to Thursday, April 13, 2016 at 6 p.m. at The John Thomas DyeSchool, 11414 Chalon Road in Bel -Air (Los Angeles, CA 90049). In addition to the 9 current directors that theBoard of Directors has nominated for reelection, 9 members have separately submittednomination petitions signed by at least 11 other members. We therefore have 18 nomineesrunning for election for the 9 director positions currently up for election. Biographies ofthe nominees will be sent before the meeting.The, nominees are: Ameen Ayoub Bruce Kuyper Charles Beckman Maureen Levinson Beatrice Kahn Boykoff Dan Love Carol Bennet Jamie Meyer Thomas Edwards Steven Myers Marvin Elkin . Tawny Sanders Marcia Wilson Hobbs Gail Sroloff Ron Hudson Soparvan "Nook" Suphamongkhon James "Jim" Hyman Gary Swernik There will also be a special meeting of members at6 p.m. on May l 1. 2016, also at The John Thomas Dye School. Five of our membersrequested this special meeting. The agenda that they requested is: "1. Explanation and Discussion ofthe BAA's new land use policy "2. To consider a motion to prohibit ahusband and wife serving as Directors simultaneously on the BAA Board "3. To discuss the future employment of theExecutive Director- -the Executive Director must be available to answer questionsfrom the audience "4. Discussion of Bruce Kuyper's rolewith the BAA Jr EXHIBIT L¡nt-CSA1 - Date tr.5 wwcanseosOOa.00M'jOl( 100 BEL AIR ROAD LosANGELES.CA 90077.3809 Bel -Air. Association Members March 3, 2016 Page 2 "5. Discussion of BAA position on the Bel Air Bar & Grill- -Ron Hudson must explain to members why he did not disclose his conflict of interest-considering . he now has office space there " We hope to see you at our annual meeting and election on April13; 20161 Sincerely, Ron Hudson óur. BeÌ -Äir Ässá iätioñ Présideñt 9 `ta/-dt3 C ,;_ /j1: . . Patrick M. Kelly, Esq. (SBN 045426) NOV 302015 1 Herbert P. Kunowski, Esq. (SBN 150141) WILSON, ELSER, MOSKOWITZ, 2 EDELMAN & DICKER LLP ..__j 3 555 S. Flower Street, Suite 2900 Los Angeles, California 90071 .4 Telephone: (213) 443-5100 DARED Facsimile:(213) 443 -5101 ib 5 Attorneys for Defendant, INIT. BEL -AIR ASSOCIATION 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT 9 MARCIA HOBBS, an individual, Case No. SC123812 10 11 12 Plaintiff, DEFENDANT'S SUPPLEMENTAL 13 RESPONSES TO PLAINTIFF'S FIRST v. . SET OF SPECIAL INTERROGATORIES 14 15 BEL -AIR ASSOCIATION, a California non- profit mutual benefit corporation; and 16 DOES 1 to 50 inclusive, Hon. Craig D. Karlan, Dept. "N" 17 Defendants. Action Filed: February 23, 2015 18 19 PROPOUNDING PARTY Plaintiff, MARCIA HOBBS . 20 RESPONDING PARTY Defendant, BEL -AIR ASSOCIATION 21 One (1) 22SET NUMBER Defendant, BEL -AIR ASSOCIATION, hereby further responds to the First Set of 23 Special Interrogatories served on March 6, 2015, by Plaintiff, MARCIA HOBBS, as follows: 24 25 /// 26 27 /// 28' 1 DEFENDANT'S SUPPLEMENTAL RESPONSES TO PLAINTIFF'S FIRST SET OF SPECIAL INTERROQATORIES 235ú524v.1 1 PREAMBLE AND GENERAL OBJECTIONS 2 It should be noted that this responding party has not fullycompleted its investigation of 3the facts relating to this case, has not completed discoveryin this action and has not completed 4preparation for trial.All of the responses contained herein are based only upon such 5 information and documents which are presently available to,and specifically known to this 6responding party, and disclose only those contentions whichpresently occur to responding 7party 8 It is anticipated that further discovery and further independentinvestigation will supply 9 additional facts which will in turn clarify and add meaning toknown facts, as well as to 10 establish entirely new factual matters, all of which may lead tosubstantial additions to, changes 11 in, and variations from the contentions herein set forth. 12 The following responses are given without prejudice toresponding party's right to 13 produce evidence of any subsequently discovered fact or factswhich this responding party may 14 later recall or discover. Responding party accordingly reservesthe right to change any and all 15 of the responses herein as additional factsare ascertained, analyses made, legal research 16 completed, and contentions formulated. However, for the purpose ofmaking.a good -faith effort 17 to comply with the spirit of. discovery*law, responding party serves herewith the following 18 responses.Also, objections herein are made on the advice of counselin order to protect 19 responding party from unwarranted invasion of privacy,trade secrets, records and files. 20 Finally, responding party generally objects to thedefinitions and instructions within 21 propounding party's request to the extent they aré vague,ambiguous and unintelligible; seek 22information protected by the attorney- client privilege and attorneywork- product doctrine, by 23rights of privacy and confidentiality, and as trade secrets;and have no basis in law or fact. 24Responding party further objects to the instructions anddefinitions on the basis that they violate 25CCP § 2030.010, et seq., to the extent propounding partyhas defined.tenns inconsistent with 26their normal use and/or tó the extent defined terms createambiguities, compound phrases and 27inconsistencies. 28/// 2 DEFENDANTS SUPPLEMENTAL RESPONSES TO PLAINTIFF'S FIRST SET OF SPECIALINTERROGATORIES 235ú524v.1 1 RESPONSE TO SPECIAL INTERROGATORIES 2 SPECIAL INTERROGATORY NO.3: from and after January 1, 3. IDEN'l'1t,Y the members of the BAA's Board ofDirectors 4 2010, . 5 As modified by Plaintiff: From and after January1, 2012. 6 RESPONSE TO SPECIAL INTERROGATORYNO. 3: 7 Objection: Vague, ambiguous and compound bypropoundingparty's use of definitions 8 and instructions that are inconsistent withtheir normal use, andwhich violate CCP § 2030.010, 9et seq.; overbroad, burdensome andoppressive; seeks informationthat would necessitate the 10 making of a compilation or summary under CCP§ 2030.230,the burden and/or expense of as it would be for responding 11 which would be substantially the same forpropounding party custody or control of 12 party; seeks information equally available toand already in the possession, 13 propounding party; seeks information which is irrelevant. and notreasonably calculated to Iead 14to the discovery of admissible evidence;and seeks informationthat is violative of rights of 15 privacy and confidentiality. . 16 Subject to and without waiving such objections, and pursuantto the parties' agreement propounding party's first set 17 that has fully resolved this interrogatory, as well asfully resolved 18 of requests- for production of documents served onMarch 6, 2015,nos. 6, 7 and 13, responding, 19 party responds by providing the followinglist of the identity ofall responding party directors, 20 the method by which they became directors, andthe time periodthey served, from January 1, 21 2011 to date: 22 Name Method of Becoming a Director Time Period(s) Served 23 Abram Zukor Elected by Membership Pre - January 2011 to July 2014 24 Adam Fannon Filled Board Vacancy December 2014 to April 2015 25 Adrienne Gary Elected by Membership Pre- January 2011 to February 2015 26 Ameen Ayoub Filled Board Vacancy June 2015 to present 27 Amir Mossanen Elected by Membership Pre - January 2011 to May 2015 28 3 DEFENDANT'S SUPPLEMENTAL RESPONSES TO PLAINTIFFS FIRST SET OFSPECIAL INTERROGATORIES 2356524v.1 Z-3) 1Name Method of Becoming a Director Time Period(s) Served 2 Andrea Archer Filled Board Vacancy June 2015 to present 3 Ann Beisch Elected by Membership Pre - January 2011 to April 2014 . 4 Arne Schmidt Filled Board Vacancy December 2014 to present 5 Bahar Soomkeh Filled Board Vacancy April 2015 to present 6 Beatrice Kahn Boykoff Elected by Membership Pre - January 2011 to present 7 Brian Studwell Elected by Membership Pre - January 2011 to June 2012 8 Bruce Kuyper Filled Board Vacancy April 2015 to present 9 Carl H. Murray Elected by Membership Pre -January 2011 to June 2012 10 Carol Inman Elected by Membership Pre -January 2011 to April 2015 11 Charles Beckman Elected by Membership Pre - January 2011 to present 12 Christopher Hameetman Elected by Membership Pre- January 2011 to present 13 Clarke Lathrop Elected by Membership Pre- January 2011 to June 2011 14 Colleen Hanlon Elected by Membership Pre- January 2011 to May 2013 15 Cynthia Arnold Elected by Membership Pre- January 2011 to present 16 Cyrus Nownejad Elected by Membership Pre- January 2011 to June 2011 17 Dan Berkoff Filled Board Vacancy December 2014 to April 2015 18 David Diltz Elected by Membership Pre- January 2011 to June 2011 19 David Hanson Filled Board Vacancy June 2015 to present 20 David Valadez Elected by. Membership June 2015 to June 2015 21 Denise Flanders Elected by Membership June 2012 to October 2014 22 Donna Perry Moffitt Elected by Membership Pre -January 2011 to June 2013 23 Dr. Carol Bennett Elected by Membership June 2014 to present 24 Dr. John Richards Elected by Membership Pre -January 2011 to June 2012 25 Dr. Richard Porter Elected by Membership Pre- January 2011 to June 2012 26 Dr. S. Andrew Schwartz Elected by Membership Pre - January 2011 to January 2011 27 Dr. Thomas Edwards Filled Board Vacancy June 2015 to present 28 . 4 DEFENDANTS SUPPLEMENTAL RESPONSES TO PLAINTIFF'S FIRST SET OF SPECIAL INTERROGATORIES 2356524v.1 r_ Time Period(s) Served 1 Name Method of Becoming a Director 2 Elizabeth Roe/Swerník Filled Board Vacancy June 2015 to present 3 Felicia Hadley Elected by Membership Pre -January 2011 to June 2011 4 Gary Swernilc Filled Board Vacancy April 2015 to present 5 Harvey I. Saferstein Elected by Membership Pre -January 2011 to February 2015 6 Jacqueline Phillips Filled Board Vacancy December 2014 to present 7 Janie Peet - Thompson Filled Board Vacancy April 2015 to present 8 Jeffrey A. Kaplan Elected by Membership Pre- January 2011 to December 9 2014 10 John Gropper Elected by Membership Pre -January 2011 to March 2012 11 Larkin Arnold Elected by Membership June 2015 to present 12 Martin Pelcin Filled Board Vacancy June 2015 to present 13 Pre -January 2011 to present Marvin Elkin Elected by Membership 14 Mavis Presler Filled Board Vacancy April 2015 to present 15 Pre -January 2011 to April 2015 Milton Miller Elected by Membership 16 Mona Elkin Elected by Membership June 2015 to present 17 December 2014 to June 2015 Nelly Greenfield Filled Board Vacancy 18 Pat O'Brien Filled Board Vacancy June 20I5 to present 19 Patricia Ryan Elected by Membership Pre -January 2011 to June 2012 ' 20 Phoebe Vaccaro Elected by Membership Pre -January 2011 to June 2012 21 Raymond R. Michaud Elected by Membership Pre-January 2011 to June 2012 22 Robert McKim Bell Elected by Membership Pre -January 2011 to April 2015 23 Pre -January 2011 to present' Ron Hudson Elected by Membership 24 Russ Alben Elected by Membership Pre -January 2011 to June 2011 25 Pre-January 2011 to June 2012 Sally Edwards Elected by Membership 26 December 2014 to June 2015 Scott Greenfield Filled Board Vacancy 27 Shelly Scott Filled Board Vacancy December 2014 to present . 28 5 DEFENDANT'S SUPPLEMENTAL RESPONSES TO PLAINTIFF'S FIRST SETOF SPECIAL INTERROGATORIES 235ú524v.1 1 Name Method of Becoming a Director Time Period(s) Served 2 Teresa Lee Elected by Membership Pre- January 2011 to June 2012 3 William Scheetz Filled Board Vacancy December 2014 to present 4 SPECIAL INTERROGATORY NO. 4: 5 IDENTIFY the ex- officio members of the BAA Board of Directors from and after 6 January 1, 2010. 7 RESPONSE TO SPECIAL INTERROGATORY NO.4: 8 Objection: Vague, ambiguous and compound by propoundingparty's use of definitions 9 and instructions that are inconsistent with their normal use, and which violate CCP § 2030.010, 10 et seq.; overbroad, burdensome and oppréssive; seeks information that would necessitate the 11 making of a compilation or summary under CCP § 2030.230, the burden and/or expense of 12 which would. be substantially the 'same for propounding party as it would be for responding 13 party; seeks information equally available to and already in the possession, custody or control of 14 propounding party; seeks information which is irrelevant and not reasonably calculated to lead 15 to the discovery of admissible evidence; and seeks information that is violative of rights of 16 privacy and confidentiality. 17 Subject to and without waiving such objections, and ptirsuant to the parties' agreement 18 that has fully resolved this interrogatory, responding party responds by providing the following 19 straight list of the identity of all ex- officio members of responding party's board from January 1, 20 2010 to date: 21 Robert McKim Bell 22 Bea Kahn Boykoff 23 Marvin Elkin Carol Inman 24 Milton Miller. Dr. John Richards 25 Harvey Saferstein Andrew Schwartz 26 27 /// 28/// DEFENDANT'S SUPPLEMENTAL RESPONSES TO PLAINTIFF'S FIRST SET OF SPECIAL INTERROGATORIES 2356524v.1 Dated: November 2015 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 2 3 4 5. Patrick M. Kelly, Esq. 6 Herbert P. Künowski, Esq. Attorneys for Defendant, 7 BEL -AIR ASSOCIATION 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 DEFENDANT'S SUPPLEMENTAL RESPONSES TO PLAINTIFF'S FIRST SET OF SPECIAL INTERROGATORIES 2356524v.1 VERIFICATION STATE OF CALIFORNIA, COUNTY OF LO S ANGELES I have read the foregoing Defendant's Supplemental Responses to Plaintiff's First Set of Special Interrogatories and know its contents. CHECK APPLICABLE PARAGRAPHS I ram a party to this action. The matters stated In theforegoing document are true of my own knowledge except as to [those matters which are stated on information and belief, and as to those mattersI believe them lo be true. of cj 1 am l x l an Officer Li a partner I l a Defendant, BEL -AIR ASSOCIATION . party to this action, and am authorizgd to make this verification for and onits behalf, and I make this verification for that reason. DC: I am Informed and believe and on thatground allege that the matters staled in the foregoing document are true. 1 The matters stated in the foregoing document are true of my own knowledge, except as tothose matters which are stated on information and belief, and as to those matters I believe them to be true. O I am one of the attomeys for a party to this action. Such party is absent from the countyof aforesaid where such attorneys have their offices, and i maki this verification for and on behalf ofthat party for that reason.I am informedandbelieve and on that ground allege that the matters stated In the foregoing document are true. Executed onNovember./ y 2015 , atLos Angeles , California. I declare under penalty of perjury under the laws of the State of California ; at rs oregolng is tru:_..r. correct Ron Hudson Typeor Print Name PROOF OF SERV CE 10738(3) CCP Revised 511188 STATE QF CALIFORNIA, COUNTY OF t am employed in the county of , Stateof California. I am over the age of 18 and not a party to the within action; my business address is: On, I served the foregoing document described as on in this action stated on the attached mailing list: Jby placing the true copies thereof enclosed in sealed envelopes addressed as by placingi.the original I I a true copy thereof enclosed in sealed envelopes addressed as follows: L ; BY MAIL , California. j ; `1 deposited such envelope in the mail at The envelope was mailed with postage thereon fully prepaid. As follows:I am 'readily familiar" with the firm's practice of collection and processing correspondence for mailing. tinder that practice it would be deposited withU.S.postal service on that same day with postage thereon fully prepaid at California In the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meterdate is more than one day after date of deposit for mailing in affidavit. Executed on , at California. *`(BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of theaddressee. Executed on , at , California. .'!(State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this court at whose directionthe service was made. Type or Print Name Signabas *MY MAL SIGNATUREMUSTs OF PERSONDEPOSITINGENVELOPE IN WA E FOR PERSONAL SERVICE SIGNATURE MUST BE THAT OF MESSENGER) Rev.7/99 1 PROOF OF SERVICE 2 3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES . 4 I am employed in the County of Los Angeles, State of California. I am over the a &e of 18 and not a party to the within action; my business address. is 555 South Flower Street, 29 Floor, 5 Los Angeles, California 90071. . 6 On November 25, 2015, I caused the foregoing document described as DEFENDANT'S SUPPLEMENTAL RESPONSES TO PLAINTIFF'S FIRST SET OF 7 SPECIAL INTERROGATORIES 8 9 to be sewed on the interested parties in this action: 10 [X] By placing [] a true copy [X] the originals) thereof enclosed in sealed envelopes addressed as follows: 11 SEE ATTACHED SERVICE LIST 12 [X] (BY MAIL) I caused such envelope(s) fully .prepaid to be placed in the United States 13 Mail at Los Angeles, California.I am "readily familiar" with the firm's practice of collection and processing correspondence or mailing. Under that practice it would be 14 deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on 15 motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 16 17 [] (BY FACSIMILE) I caused said document(s) to be telephonically transmitted to each addressee's telecopier (Fax) number as noted. 18 I declare under penalty of perjury under the laws of the State of California that the above 19 is true and correct. 20 Executed on November 25, 2015 at Los Angeles, California. 21 22 23 24 25 26 27 28 8 DEFENDANT'S SUPPLEMENTAL RESPONSES TO PLAINTIFF'S FIRST SET OF SPECIAL INTERROGATORIES 2356524v.I SERVICE LIST 1 2 Marcia Hobbs v Bel -Air Association Los Angeles County Superior Court (West District) Case No.SC123812 3 Wilson Elser FileNo. 01593.00913 4 ATTORNEYS FOR PLAINTIFF, 5 MARCIA HOBBS 6 Eric M. George, Esq. 7Russell F. Wolpert, Esq. BROWNE GEORGE ROSS LLP .8 2121 Avenue of the Stars, Suite 2400 Los Angeles, California 90067 9 Telephone: (310) 274 -7100 10 Facsimile: (310) 275 -5697 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 DEFENDANT'S SUPPLEMENTAL RESPONSES TO PLAINTIFF'S FIRST SET OF SPECIAL INTERROGATORIES 2356524v.1 BEL -AIRASSOCIATION MEMORANDUM TO: Members of the Bel -Air Association FROM The Board of Directors. SUBJECT: Annual Meeting of Members DATE: June 30, 2015 The Annual Meeting of Members of Bel -Air Association (the "Association ") has been set for June 30, 2015. The member meeting will begin at approximately 5:00 P.M. Below is the address for the meeting: Century Plaza Hotel 2025 Avenue of the Stars Los Angeles, CA 90067 Enclosed for your review please find the following documents which have been prepared in connection with the Annual Meeting of the Members and certain other corporate matters: Notice of Annual Meeting of Members To Be Held Tuesday, June 30, 2015; Proxy Solicited on. Behalf of the Board of Directors (the "Proxy "); and Notice of Intention to Attend Annual Meeting. Please sign the Proxy, where indicated for your signature, and send it to the Association via regular mail on or before Monday, June 29, 2015 at the following address: Bel -Air Association 100 Bel -Air Road Los Angeles, CA 90077 If you wish to attend the Annual Meeting; please complete the enclosed Notice of Intention to Attend Annual Meeting and return it to the address above before Monday, June 29, 2015. Please feel free to contact the Association at (310) 474 -3527 with any questions you may have. ' We Iook forward to seeiirg you on June 30th. 40845309v.3 JrEXHI(BIT_ Deponent1 ?' ,S(/Y) Date!JRptrr waEeosoos.con¢'7 ail BEL -AIR ASSOCIATION NOTICE OF ANNUAL MEETING OF MEMBERS TO BE HELD JUNE 30, 2015 NOTICE IS HEREBY GIVEN that the Annual Meeting of the Members (the "Annual Meeting ") of the Bel -Air Association, a California nonprofit mutual benefit corporation ( "Bel -Air" or the "Association "), will be held at the Century Plaza Hotel, located at 2025 Avenue of the Stars, Los Angeles, California on Tuesday, June 30, 2015, at 5:00 p.m. for the following purposes, as more fully described in the Proxy Statement accompanying this Notice: .1. To approve the election of eight (8) Class A Directors of the Association to hold office until the 2017 Annual Meeting.The Board of Directors nominated the following persóns for election at the Annual Meeting: Andrea Archer, Larkin Arnold, Nelly Greenfield, Scott Greenfield, Janie -Peet Thompson, Jacqueline. Phillips, Mavis Pressler and Bahar Soomekh. 2. To approve the election of eight (8) Class B Directors of the Association to hold office until the 2018 Annual Meeting. The Board of Directors has nominated the following persons for election at the Annual Meeting: Cynthia Arnold, Mona Elkin, Christopher Hameetman, Martin Pelcin, William Scheetz, Arne Schmidt, Shelly Scott and David Valadez. 3. . To transact such other business as may properly come before the meeting or any postponements or adjournments thereof. The election of the Class A Directors was previously presented at an Annual Meeting of the Members of the Association held on December 17, 2014. Due to the lack of a quorum, no such election was able to be conducted. . Each member of the Association shall be entitled to one vote on all matters presented provided, that in the event a membership is owned or held by more than one person jointly or otherwise, then the owners or holders of such membership shall be collectively entitled to but one vote, which vote shall always be cast as the majority of such owners or holders determine. If such membership is owned or held by two such owners or holders, then as such two owners or holders shall together determine. If such two owners or holders cannot agree as to the casting of such vote then such vote shall not be counted as having been cast, unless one of such two owners or holders at the time of the casting of or attempt to cast such vote shall in open meeting voice protest to the manner of casting. If such protest takes place, the vote shall be deemed to have been cast with the consent and approval of both such two owners or holders. All members are cordially invited to attend the meeting in person. You may revoke your proxy at any time prior to the Annual Meeting.If you attend the Annual Meeting and vote by ballot, your proxy will be revoked automatically and only your vote at the Annual Meeting will be counted. Ron Hudson President 40675131v.5 BEL -AIR ASSOCIATION PROXY Annual Meeting of Members,. June 30, 2015 This Proxy is Solicited on Behalf of Management The undersigned hereby appoints Ron Hudson, the proxy of the undersigned, with full power of substitution, to vote the membership interest in the Bel -Air Association (the "ASsociation') registered in the name provided in this proxy which the undersigned is entitled to vote, on his/her own behalf at the Annual Meeting of Members (the "Annual Meeting ") to be held at the Century Plaza Hotel, located at 2025 Avenue of the Stars, Los Angeles, California on June 30, 2015,. at 5:00 p.m., and at any adjournment or postponement thereof, with the same force and effect as the undersigned might or could do if personally present thereat: Proposal 1: To elect the following eight (8) directors as Class A directors, to hold office until the 2017 AnnualMeeting of Members (or if any nominee is not available for election, such substitute as the Board of Directors may designate): ANDREA ARCHER FOR WITHHOLD VOTE LARKIN ARNOLD FOR WITHHOLD VOTE NELLY GREENFIELD FOR WITHHOLD VOTE SCOTT GREENFIELD FOR ' D. WITHHOLD VOTE JANIE -PEET THOMPSON FOR WITHHOLD VOTE JACQUELINE PHILLIPS FOR WITHHOLD VOTE MAVIS PRESSLER FOR WITHHOLD VOTE BAHAR SOOMEKH FOR WITHHOLD VOTE Proposal 2: To elect the following eight (8) directors as Class B directors, to hold office until the 2018 AnnualMeeting of Members (or if any nominee is not available for election, such substitute as the Board of Directors maydesignate): CYNTHIA ARNOLD FOR WITHHOLD VOTE MONA ELKIN FOR WITHHOLD VOTE .CHRISTOPHER HAMEETMAN FOR WITHHOLD VOTE MARTIN PELCIN FOR WITHHOLD VOTE WILLIAM SCHEETZ FOR WITIBioLD VOTE ARNE SCHMIDT FOR WITHHOLD VOTE SHELLY SCÓTT FOR WITHHOLD VOTE DAVID VALADEZ FOR WITHHOLD VOTE Please mark votes as in this example. 40675413v.5 MATTERS TO BE CONSIDERED AT ANNUAL MEETING PROPOSAL ONE ELECTION OF CLASS A DIRECTORS The Association's members are being asked to elect the Class A Board ofDirectors (the "Class A Directors ").The Board of Directors (the `Board ") has nominated the eight (8) individuals listedbelòw to serve as the Class A Directors. The Class A Directors to be elected will serve until the 2017 Annual Meetingof Members or until his or her respective successor has been duly elected. Unlessotherwise instructed, the proxy holders will vote the proxies received by them FOR the nominees named below. Nominees - Term Ending Upon the 2017 Annual Meeting of Members orUntil Such Nominee's Replacement is Elected or Such Nominee is Otherwise Replaced or Resigns: 1. Andrea Archer 5. Janie -Peet Thompson 2. Larkin Arnold 6. Jacqueline Phillips 3. Nelly Greenfield 7. Mavis Pressler 4. Scott Greenfield 8. Bahar Soornekh PROPOSAL TWO ELECTION OF CLASS B DIRECTORS The Association's members are being asked to elect the Class B Board ofDirectors (the "Class B Directors "). The Board has nominated the eight (8) individuals listed below to serve as theClass B Directors for the ensuing term, The Class B Directors to be elected will serve until the 2018 Annual Meeting of Members oruntil his Or her respective successor has been duly elected.Unless otherwise instructed, the proxy holders will vote the proxiesreceived by them FOR the nominees named below. Nominees - Term Ending Upon the 2018 Annual Meeting of Members orUntil Such Nominee's Replacement is Elected or Such Nominee is Otherwise Replaced or Resigns: I. Cynthia Arnold 5. William Scheetz 2. Mona Elkin 6. Arne Schmidt 3. Christopher Hameetman 7. Shelly Scott 4. Martin Pelcin 8. David Valadez RECOMMENDATION OF THE BOARD OF DIRECTORS: The Board of Directors unanimously recommends a vote FOR Proposal One andProposal Two listed above. 40675131v.5 -ed .,wr,... sïii+w-L.. . -. ::::.::.i.:::Ti,+ww:.. be}' -a,' .. i ...... ,...i .._..u....:dR':...:...._.-'..n Bel -Air Association Annual Meeting Update-president Ron Hudson CO July 2, 2015, 16:26:33 I [email protected] (Bel -Air Association Team)._ We are delighted to announce that at our Bel -Air Association Annual Meeting for2015, the Members of our Association overwhelmingly approve our Board Roster as presented below, voted to N co A spedal thank you to BekAir Association's legal counsel, Chris C. Stephens, Esq.of Mintz Levin, who led our annual meeting and notices, voting procedures and other matters relating to ensured that all our annual meeting and the Board Vote complied with all legalrequirements and our Association Bylaws. We thank you for your continued support and look forward to serving our BekAirCommunity into our 73rd year and beyond! Mr. Gary Swernik, Vice President Mr. Charles Beckman, Secretary/Treasurer Mrs. Cynthia Arnold Mr. Larkin Arnold Ms. Andrea Archer Mr. Ameen Ayoub Ms. Beatrice Kahn Boykoff Dr. Carol Bennett Dr. Thomas Edwards Mr. Marvin Elkin Ms. Mona Elkin Mr. Christopher Hameetman Mr. David Hansen Mr. Bruce Kuyper Mr. Pat O'Brien Ms. Jacqueline Phillips Mr. Martin Pelcin Ms, Mavis Presler Mr. William Scheetz . Mrs. Shelly Scott Mr. Arne Schmidt Ms. Bahar Soomkeh Mrs. Elizabeth Swernik Ms. Janie Peet- Thompson Ron Hudson, President P. 1 Bel -Air Association AnnualMeeting June 30, 2015 July 2, 2015, 05:53:52 i noreplyßblogger.com (Bel-Air Association Teamf _^..... t would like to take this opportunity to _...... thank our Bel -Air Association memberswho attended our Annual Meeting 0D 2015 at the Hyatt Century Plaza Hotel. on Tuesday, June 30, o N3 As President of the Association, Iappreciate your continued support and for o for 73 years. being a part of our organization thathas been in existence We received an overwhelming amountof support and thoughtful suggestions from members in regard to themany challenging issues we now face in Bei -Air. Thank you to those individuals who shared their concerns and offéred our community. great insight and positive solutionsto help I am pleased to announce that the Association members voted and approvedour Board Roster as presented. Please join me in congratulating the following Board of Directors of theBel -Air Association. Mr. Gary Swernik, Vice President Mr. Charles Beckman, Secretary/Treasurer Mrs. Cynthia Arnold Mr. Larkin Arnold Ms. Andrea Archer Mr. Ameen Ayoub Ms. Beatrice Kahn Boykoff Dr. Carol Bennett Dr. Thomas Edwards Mr. Marvin Elkin Ms. Mona Elkin Mr. Christopher Hameetman Mr. David Hansen Mr. Bruce Kuyper Mr. Pat O'Brien Ms. Jacqueline Phillips Mr. Martin Pelcin. Ms. Mavis Prosier Mr. William Scheetz Mrs. Shelly Scott Mr. Arne Schmidt Ms. Bahar Soomkeh Mrs. Elizabeth Swernik Ms. Janie Peet-Thompson Our Board looks forward to working together on top -line issues relevantto the Bel -Air community! Ron Hudson President N w 862 -70 Moraga Project Updatefrom President Ron Hudson