CIV214702 Sulphur Mountain/Gaggero v Redmonds Relevant Case Record 1

ORIGINAL
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF VENTURA
Plaintiff,
vs.
Defendants.
taken on behalf of the
DEPOSITION OF GERALDINE REDMOND,
Plaintiff, at 1363 Donlon Street, Suite 8, Ventura,
California, commencing at 10:18 A.M., Wednesday,
August 6, 2003, before Patti J. Faehnle, RPR,
CSR No. 12536.
Co
58658
FILE NO.
COURT REPORTERS
SULPHUR MOUNTAIN LAND AND
LIVESTOCK CO. LLC,
800-438-2226
1363 Donlon Street* Suite 8o Ventura, California 93003-5637 • (805) 644-1986 FAX (805) 644-6582
20750 Ventura Boulevard o Suite 440 e Woodland Hills, California 91367 a (818) 715-9122 FAX (818) 715-9183
JOHN REDMOND; MAUREEN REDMOND;
GERALDINE REDMOND; SOMERSET
FARMS LLC, etc., et al.,
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)
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)
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) Case No. CIV 214702
) V O L U M E II
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1
Somerset
2 Is it the
John Redmond? Man
Maureen Redmond?
3 Somerset?
Farms?
4 on the moon?
5 BY MR. BEZEK:
Who was leasing or renting to Laurie Canty?
6 Q
What entity or entities?
7
Assumes facts not in
8 Objection.
MR. JABLON:
9 evidence.
10 You can answer.
Without checking the documents, I
11 THE WITNESS:
couldn't give you an accurate answer.
12
Could you mark that, please?
13 MR. BEZEK:
THE COURT REPORTER: Sure.
14
BY MR. BEZEK:
15
So you don't have any recall now who was
Q
16
It could have been you personally, it could
renting?
17
have been your father, your mother or Somerset Farms or
18
any other entity; is that correct?
19
No, that's not correct. That's incorrect.
20 A
What's incorrect about that?
Okay.
Q
21
I would have to check Laurie Canty's document
22 A
exactly which Somerset name is written on her
23 to see
And without checking on that at this time, I
24 lease.
can't give an accurate answer to you.
25
219
"you," Geraldine Redmond?
"you" in that sentence.

So it's your understanding it was a Somerset
1 Q
entity that was the lessor to Ms. Canty?
2
3 That's correct.
A
Now, this was a business arrangement
4 Okay.
Q
between this Somerset entity and Ms. Canty; is that
5
6 correct?
7 I believe that's correct, yes.
A
Now, do you recall when the lease with
8 Okay.
Q
9 Ms. Canty began?
Without checking documents, I couldn't give an
10 A
11 accurate answer.
Also, I'll just interpose an
12 MR. JABLON:
objection, going back, as to vague as to what you mean
13
II
14 by "began.
15 BY MR. BEZEK:
Do you recall when Ms. Canty first brought —
16 Q
let me back up for a minute.
17
Ms. Canty was a trainer, was she not?
18
Are you saying "was" like she's not anymore,
19 A or
at the time that I met her?
20
Certainly at the time you were dealing with
21 Q
22 her.
Yes, she was a trainer at that time.
23 A
Did you find her to be an honest person?
24 Q
Objection.
25 MR. JABLON: Vague as to the
220
"was"

1 definition of
To the best of my knowledge, she
2 THE WITNESS:
3 appeared to be, yes.
4 BY MR. BEZEK:
Did you have any reason to doubt her honesty or
5 Q
6 credibility?
The record should reflect that
7 MR. BEZEK:
virtually after every question, the witness takes a
8
considerable amount of time to consider her answers.
9
I just want the
Again, I think that's wise.
10
record to reflect the continuing process.
11
Would you re-read the question to the witness
12
and reinsert it here?
13
(Record read as follows:
14
Did you have any reason
15
to doubt her honesty or
16
credibility?")
17
Possibly, yes.
THE WITNESS:
18
BEZEK:
19 BY MR.
What?
20 Q
It's difficult to answer, but I guess due to
21 A
her personal relationship with Mr. Gaggero at the end of
22
the lease period, I have reason to believe her not being
23
credible.
24
What personal relationship?
25 Q
221
"Q
"honest person."

1 A
2
3 facility after I left.
4 Anything else?
Q
5 I guess making a personal contract or
A
understanding with Mr. Gaggero during the last week that
6
7 I was there.
8 Anything else?
Q
9 Not that I know of right now.
A
10 What was the personal contract or agreement
Q
that you were referring to — or agreements — that
11
caused you to question her credibility?
12
When Somerset — when Somerset Farms gave her
13 A
notice, she dishonestly gave her notice to leave. She
14
dishonestly went to Steve Gaggero, who was the owner,
15
and made a personal deal with him and stayed on through
16
the end of the year and through the next year.
17
Is that what you are referring to when you were
18 Q
talking earlier about personal agreements or contracts?
19
Yes.
20 A
What were the terms of this personal agreement
21 Q
or contract that you were referring to?
22
Without seeing a document, I wouldn't be able
23 A
to tell you.
24
25 Q Do you know if there actually was an agreement?
222
Making a personal — whether it was written or
verbal — contract with Mr. Gaggero, and staying on the

1 A Yes.
2 How do you know?
Q
Because Mr. Gaggero mentioned to me what he was
3 A
going to agree to, and she mentioned to me what she was
4
5 going to agree to with him.
6 Q What did she say to you?
7 I can't recall either of those in detail at
A
8 this time.
9 Did you take any notes?
Q
10 A No.
11 Tell me what you do recall, even if it's not in
Q
12 detail.
13 She was going to stay on through the end of the
A
year so that she didn't have to move, and he was going
14
to make her a deal and rent her separate bams and
15
16 charge her by the bam, and some other details that I
can't recall right now but I might be able to recall if
17
I think about it a little more.
18
Take some time.
19 Q
(Pause in the proceedings.)
20
THE WITNESS:
21 I can't recall right now.
22 BY MR. BEZEK:
What was the deal that you were told was being
23 Q
made?
24
I think I just told you.
25 A
223

1 You told me what you understood generally.
Q I
2 want to know more.
3 Let's start with this: When was this new
4 arrangement to go into place?
5 It went into place after I gave her the
A
6 termination notice which evicted her and any people that
7 were in training with her.
8 Why did you want to evict her? This is the
Q
9 October 4th letter we're talking about, right?
10 I don't know without looking at it.
A
11 We'll just look at it again.
Q Here.
12 That was the letter that you said was not
13 written to Pacific Coast. You said it was to
Laurie Canty. I think it's Exhibit 19 to your
14
15 deposition.
16 Is that the eviction letter?
17 A Yes.
18 Why did you want to evict her on October 4th?
Q
19 Objection.
MR. JABLON: Calls for
attorney-client communications.
20
I instruct her not to answer.
21
22 BY MR. BEZEK:
23 Q
24 MR. JABLON:
25
224
Are you not going to answer that question?
I'll stipulate that every time I
instruct her not to answer, she is going to follow my

You do not have to ask her
1 instruction and not answer.
if she is going to follow the instruction.
2
3 I'11 accept that
Okay.
MR. BEZEK:
4 stipulation.
5 Would you mark that, please.
6 Sure.
THE COURT REPORTER:
So the record is clear, once you
7 MR. BEZEK:
refuse to answer that question, we'll take the position
8
at the time of trial that you are not allowed then at
9
10 the time of trial to give any explanation contrary to
the instruction that's been given here today.
11
So I understand your position and you are not
12
prepared at this point to explain why you wanted to
13
evict her, and so that now is a — and you're basing it
14
on the attorney-client privilege — so that's now set in
15
the record and we'll deal with that at the time of
16
trial.
17
18
19
20 MR. JABLON: Move on, Counsel.
Apparently not.
21 MR. BEZEK:
22 BY MR. BEZEK:
Now, did you send an eviction letter similar to
23 Q
this to any of the other tenants that Somerset had at
24
the time?
25
225
Do you wish to change your instruction in any
way, Counsel?

I believe they were all hand-delivered.
1 A
So there were others?
2 Q
You said "send"; they were all hand-delivered.
3 A
And you make a distinction between
4 Q
hand-delivering and being sent?
5
6 A Yes.
"Hand-delivering" means physically delivering
7 Q
8 it to somebody by hand?
9 That's correct.
A
means putting it in the mail?
10 Q
Right.
11 A
Now, how many such other letters
12 All right.
Q
were hand-delivered; that is, placed in the hands of
13
14 other tenants?
Without looking at a record of all their names,
15 A
I wouldn't be able to give you an answer to that and
16
tell you a number.
17
Do you recall any of the names?
18 Q
Are you asking me to recall the names or are
19 A
20
21 Q
through the names, I suppose, but either way you want to
22
If you can recall the number, fine.
do it. If not,
23
we'll go through the names.
24
9
25 A
you asking me to recall a number?
Well, one way to recall the numbers is to go
I would have to look at a document that has all
226
"Send"

1 their names.
2 Do you recall any of the names?
Q
3 I can recall some of them.
A
4 Give me the ones you can recall, please.
Q
5 Kim Cruiser. It's hard for me to remember
A
6 their names, because when I look at their names, I know
7 most of their horses, or their first names. And without
8 looking at their written documents with their names and
9 addresses, I can't give you an accurate description of
10 all the names.
11 Did you keep copies of the letters that were
Q
12 hand-delivered; that is, put in the hands of each of
13 these people?
14 I'm not sure at this time without checking
A
15 documents.
16 Now, was Jenny Martin one of these?
Q
Yes, she was.
17 A
18 Q
19
20 A Yes.
What is that?
21 Q
The same reason I gave for Laurie Canty.
22 A
Okay.
23 Q
She made a personal agreement with Mr. Gaggero.
24 A
25 Q Any other reason?
227
With regards to Kim Cruiser, do you have any
reason to question her honesty or veracity?

1 Not that I know of at this time.
A
2 Jenny Martin, do you have any reason to
Q
3 question her honesty and integrity?
4 Possibly, yes.
A
5 What?
Q
6 The same reasons I stated for Laurie Canty and
A
7 Kim Cruiser.
8 Q Anything else?
I guess possibly that she lives in a trailer
9 A
and doesn't have much money and is slightly desperate
10
11 because they have no home.
12 Where is the trailer located?
Q
13 I wouldn't know.
A
So people who live in trailers and don't have a
14 Q
lot of money are suspect with regards to their honesty
15
and veracity, in your estimation?
16
Objection.
17 MR. JABLON: Misstates her prior
testimony.
18
19 BY MR. BEZEK:
20 Q What
21
22
23 A
24 Mr. Gaggero because she had nowhere to go.
25 Q And that causes you to question her honesty and
228
Let me ask you the question this way:
does the fact that Ms. Martin may not have money or
lives in a trailer have to do with honesty and veracity?
Because she was desperate to make a deal with

1 veracity?
2 A Yes.
3 Any other reasons why you would question
Q
4 Ms. Martin's honesty and veracity other than the fact
5 that she lived in a trailer, didn't have money and was
6 desperate —
Misstates her prior
7 Objection.
MR. JABLON:
8 testimony.
9 You can answer.
10 BY MR. BEZEK:
— and made a deal with Mr. Gaggero?
11 Q
Not that I know of at this time.
12 A
13 Did you have any interpersonal problems with
Q
Laurie Canty?
14
Objection.
15 MR. JABLON: Vague as to what you
mean by "interpersonal problems."
16
17 BY MR. BEZEK:
Did you get along with Laurie Canty okay?
18 Q
Objection.
19 MR. JABLON: Vague as to time.
What time period are you talking about?
20
The time that's relevant to this
MR. BEZEK:
21
22 case.
23 BEZEK:
BY MR.
While you were — while Somerset was out on the
24 Q
facility, the year 2002.
25
229

1 You can answer.
MR. JABLON:
I believe I got along very well
2 THE WITNESS:
with Laurie Canty until she made a personal agreement
3
4 with Mr. Gaggero.
5 BY MR. BEZEK:
Did you get along well with Kim Cruiser?
6 Q
I believe I got along very well with
7 A
Kim Cruiser until she made a personal agreement with
8
9
10 Q
Yes, I believe I got along well with
11 A
12
13
When this — strike that.
14 Q
From your answers — strike that, also.
15
These personal agreements that you referred to,
16
were they all made at the same point in time?
17
Are you talking about generally
18 MR. JABLON:
the same point in time or is there a span that you have
19
got in mind?
20
The question is very clear.
21 MR. BEZEK: No.
22 BY MR. BEZEK:
Were they all made at the same point in time?
23 Q
Again, same objection.
24 MR. JABLON: Vague.
25
Jenny Martin until she made a personal agreement with
the owner of the property, Steve Gaggero.
Do you mean exactly at the same time, at 12:01
230
Mr. Gaggero.
Did you get along well with Jenny Martin?

on X-date did they all sign on the dotted line, if there
1
2 Or do you mean the same day or
is a signed document?
3 the same general time frame? What do you mean?
4 BY MR. BEZEK:
5 Q You can answer.
If you understand the question.
6 MR. JABLON:
No, I don't understand the
7 THE WITNESS:
8 question. It's too vague.
9 BY MR. BEZEK:
When did you understand that these personal
10 Q
11 agreements were made?
12 To the best of my ability to remember, they
A
were all made within a week's period of when I gave
13
termination notice and when I left.
14
So between October 4th and October 11th; is
15 Q
16 that right?
Without checking — I can't give you an
17 A
accurate date without checking a document.
18
Well, there is a document there in front of
19 Q
you, Exhibit 19. That's the eviction notice you had
20
testified to earlier which is dated October 4.
21
Do you see this?
22
23 Yes.
A
You said within a week of that date.
24 Q That
would make it October 11, would it not?
25
231

1 A Yes.
So sometime between October 4 and October 11,
2 Q
3 Kim Cruiser, Jenny Martin and Laurie Canty made these
personal agreements that you had referred to earlier; is
4
5 that correct?
6 A Yes.
Do you know what the terms were of the personal
7 Q
8 arrangement with regards to Kim Cruiser?
9 No, I don't, not in detail.
A
10 Do you know any of the terms?
Q
11 I don't know any of the terms. I heard from
A
12 several of her clients the terms — and I can't remember
13 them at this time and I can't remember who told me —
but I did hear from people that were currently there and
14
working for her.
15
Okay. So you are relying upon — well, let me
16 Q
back up for a minute.
17
These people that you heard from, do you recall
18
their names?
19
20 No.
A
21 Q
4 learned,
22
23 you?
24 A Yes.
25
232
Do you recall what they told you they had
the information that they were passing on to
I believe they were people that made
agreements with Steve Gaggero.

Did they say to you that that's where they had
1 Q
found out the information?
2
3 A
4 Okay.
Q
Maybe three to six people.
5 A
You can't recall any of their names?
6 Q
7 No.
A
Were these people that were at the
8 Q I see.
facility?
9
What do you mean by
Objection.
10 MR. JABLON:
"at the facility"?
11
12 BEZEK:
BY MR.
the facility"?
Are you confused by "at
13 Q
time you're talking
I don't know what
14 Yes.
A
about.
15
After the deal was made. You gave me the time
16 Q
You said October 4th to October 11th, somewhere
frame.
17
in there the deal was made. And I'm assuming that it
18
was after October 11th that you learned from these third
19
persons what they say they had heard from Laurie Canty,
20
Kim Cruiser or Jenny Martin.
21
Do I understand your testimony accurately so
22
23 far?
No, you're misstating it.
24 A
Okay. How have I misstated it?
25 Q
233
Yes, I believe they did.
How many of these people told you that?

It was during that 4th-through-llth week and
1 A
after, and it was clients that were currently there that
2
3 also made a deal with Mr. Gaggero. It wasn't someone
4 It was people that
that heard it from someone else.
5 still had their horses there.
6 Do you recall any of the terms that were
Q
7 For example, how much they were
explained to you?
8 to whom, when, anything like that?
paying,
9 Vaguely, yes.
A
10 Tell me what you remember vaguely.
Q
11 That Steve Gaggero's personal ranch foreman was
A
running the equestrian facility, Harvey Hooten, and they
12
were paying Steve Gaggero monthly rents of around $200 a
13
stall with no food and no shavings.
14
Anything else?
15 Q
16 Harvey Hooten was tractoring the arenas, and
A
maybe some more of Steve Gaggero's employees were
17
helping do some other things, none that I can recall at
18
this time.
19
Anything else?
20 Q
Not that I can recall right now.
21 A
These other things that the other employees
22 Q
were doing, do you recall what those were?
23
I said I can't recall at this time.
24 A No.
25 Q With relation to what you have just described
234

to me, how does that affect the credibility, in your
1
estimation, of Kim Cruiser, Jenny Martin or Laurie
2
3 Canty?
Because at the time of October 4th, I gave them
4 A
a termination notice and instructed them that the
5
facility was closing down and they were to leave as of
6
7 their boarding agreements that they had signed.
And their failure to do so affected their
8 Q
9 credibility and honesty, in your estimation?
10 A Yes.
11 Because they refused to abide by
Why was that?
Q
your eviction notice?
12
Because they and Mr. Gaggero personally made an
13 A
agreement that was basically illegal and they did not
14
lease the facility.
15
Why did you believe that the agreement they
16 Q
made was basically illegal?
17
Because the property was leased from Somerset
18 A
Farms and Somerset Farms instructed these people to
19
leave. And Mr. Gaggero — whatever you want to call his
20
21
22 Q
23 to control what you called the equestrian facility at
that point in time; is that correct?
24
Yeah, I believe so.
25 A
235
appointment at this day — overwrote that illegally.
So it was your view that Somerset had the right

As the landlord, so to speak, with these
1 Q
people, you had a right, you thought, to evict them and
2
3 tell them to get off?
4 That's correct.
A
Had they all paid their rent up to that point
5 Q
6 in time?
Without checking documents, I couldn't tell you
7 A
8 that for sure.
What was the basis, then, of the eviction?
9 Q
Attorney-client and I
10 Objection.
MR. JABLON:
11 instruct her not to answer.
Would you mark that?
12 MR. BEZEK:
13 THE COURT REPORTER: Sure.
We'll make a motion in limine on
14 MR. BEZEK:
that, Counsel.
15
Feel free, and if you would like
16 MR. JABLON:
to instruct her to mark all of the ones where I instruct
17
her not to answer, you can do that now to save yourself
18
time.
19
20 BY MR. BEZEK:
Now, how many boarders did you have at the
21 Q
facility at the time that you gave these eviction
22
notices?
23 Do you recall?
Without checking the documents and counting
24 A
their names, at this time, I couldn't tell you.
25
236

1 Q Lease payments.
2 I don't know what kind of payments you mean.
A
3 Did you write
Lease payments under the lease.
Q
4 a check to the landlord?
5 Vague as to the
Objection.
MR. JABLON:
6 Landlord as defined in the lease or
"landlord."
7 landlord as carried out in practice?
8 I don't have the foggiest idea of
MR. BEZEK:
9 what you're doing.
10 Counsel, it's very simple. The
MR. JABLON:
11 first page of the lease says "by and between Sulphur
12 Mountain Land and Livestock Company," and defines that
13
However, as we have established in prior
14
discovery at depositions of your client, Pacific Coast
15
Mangement operated the facility. I'm simply trying to
16
find out — you asked a question, "Were checks written
17
I just want to have clarification.
18
So you mean landlord as it's defined in this
19
lease, landlord as Pacific Coast Management or landlord
20
as whoever actually owns the property, since that in
21
itself was never disclosed during the course of
22
depositions?
23
24
25 MR. BEZEK: Are you done?
276
I'm just asking you to define what you
mean by "landlord."
to the landlord?"
as "Landlord."

1 Yes.
MR. JABLON:
2 BY MR. BEZEK:
3 Q
4 MR. JABLON:
5 THE WITNESS:
6 question exactly.
7 BY MR. BEZEK:
8 Did you ever pay any rent payments?
Q
9 I think, we had lease payments.
A
I think that's where we started. Who were
10 Q
11 those lease payments made to?
12 I couldn't tell you unless I checked the
A
13 documents.
14 Who calculated the lease payments?
Q
Steve Gaggero, the owner of the property.
15 A
Did you check those calculations ever?
16 Q
They weren't calculations.
17 They are
A
pre-written out for the whole year and they are dated.
18
They are on the last page of the lease.
19
Okay. That's the minimum rent, right?
Q
20
I don't know without checking the documents.
21 A I
can't answer your question.
22
Well, let's check a couple of documents here.
23 Q
Let's look at the lease itself, Exhibit A.
24
25 Do you have Exhibit A there?
277
Objection.
I still don't understand your
Did you make any payments to the landlord?
Vague and ambiguous.

We covered this in my last deposition.
1 A
Do you have Exhibit A there?
2 Q
3 A Yes.
You asked to review documents a moment ago, did
4 Q
5 you not?
6 A Yes.
You said you didn't know what "minimum rent"
7 Q
8 meant without checking documents.
9 Do you remember that?
Misstates her prior
Objection.
10 MR. JABLON:
testimony.
11
12 BY MR. BEZEK:
Do you see this page here, Exhibit A? What's
13 Q
What's the title?
it called at the top?
14
Monthly Minimum Rent Schedule.
15 A
Did you understand what that meant at the time
16 Q
you signed this lease?
17
18 A Yes.
In addition to the monthly minimum rent —
19 Q
strike that.
20
Did you understand what
21
Objection.
22 MR. JABLON: Calls for a legal
conclusion. Vague and ambiguous
23 as to whether it's her
24
25
278
"minimum rent" meant?
understanding or someone else's understanding.

1 BY MR. BEZEK:
2 Q You can answer.
3 Only if you understand the
MR. JABLON:
4 question.
I'm not sure the way you're
5 THE WITNESS:
6 asking the question.
7 BY MR. BEZEK:
8 Do you understand what — strike that.
Q
9 At the time you signed the lease, did you
10 understand what
11 I can't remember right now.
A
12 You understand what "minimum" means, right?
Q
13 A Yes.
14 You understand what
Q
15 Yes.
A
16 When we put the two together,
Q "minimum rent,"
you understand what those two words together mean?
17
As I sit here today, I do.
18 A Yes.
19 Q
20
To the best of my knowledge that I
21 A can
remember, I believe I did, but I can't remember what I
22
was feeling and thinking that day.
23
24 Q Now, was there — did you understand that there
25 would be additional rent due in addition to the minimum
279
At the time you signed this lease, did you not
understand what "minimum rent" meant?
"minimum rent" meant?
"rent" means?

1 rent?
I don't understand your question.
2 A
3 In addition to the minimum rent, did you
Q
4 understand that there would be additional rent due?
5 Objection. Vague.
MR. JABLON:
6 I don't understand.
THE WITNESS:
7 BY MR. BEZEK:
8 Did you think that you would ever have to pay
Q
any more than $8,000 under any circumstance for the
9
10 month of January 2002?
It's difficult to answer the way
11 I don't know.
A
you are wording it.
12
What's difficult about it?
13 Q I'll try to
rephrase it.
14
I don't know.
15 A
Did you think that on the exhibit here where it
16 Q
says the minimum rent for January 2002 was $8,000, did
17
you think that was going to be the maximum rent?
18
19 Yes.
A
20 Q
21
Objection.
22 MR. JABLON: Vague as to "Rent."
23 BY MR. BEZEK:
24 Q
25
280
Did you think the $5,500 for February was the
maximum rent to be paid?
Did you think that for February, the $5,500,
that would be the maximum rent, too?

1 A Yes.
2 Same objection.
MR. JABLON:
3 BY MR. BEZEK:
Did you think that there was any circumstance
4 Q
under which you would be obligated to pay more than
5
$5,500
6 for the month of February, 2002?
Vague as to whom.
7 Objection.
MR. JABLON:
8 BY MR. BEZEK:
9 Q You can answer.
Can you tell me the question again?
10 A
11 Did you think that there was any
Q Sure.
situation under which you would be obligated to pay more
12
than $5,500 for the month of February?
13 When I say
"you," I am talking about Somerset LLC.
14
15 Objection.
MR. JABLON: Vague as to whom the
payments were to be made to.
16
I'm sorry.
17 THE WITNESS: I forgot the
question.
18
19 BY MR. BEZEK:
Did you think there was any circumstance under
20 Q
which Somerset would be obligated to pay more than
21
$5,500 for the month of February 2002?
22
Same objection.
23 MR. JABLON:
24 THE WITNESS: No.

25
281

1 BEZEK:
BY MR.
What did you understand RGA to mean then?
2 Q
At what point in time?
Objection.
3 MR. JABLON:
4 BY MR. BEZEK:
5 you signed the lease.
At the time
Q
Asked and answered.
Objection.
6 MR. JABLON:
7 BY MR. BEZEK:
8 Q You can answer.
We're not replowing new
9 MR. JABLON: No.
10 ground.
Are you instructing her?
11 MR. BEZEK:
12 MR. JABLON: Yes, I am.
Okay.
13 MR. BEZEK:
14 BY MR. BEZEK:
As the lease progressed, did you feel that —
15 Q
strike that.
16
As the lease progressed, did you understand
17
what RGA meant during the months of January, February,
18
March and on through the end of the lease term?
19
Objection.
MR. JABLON:
20 Vague as to time.
When are you talking about?
21
I thought I said the lease term,
MR. BEZEK:
22
but maybe you didn't hear it.
23
You said "As the lease term
24 MR. JABLON:
progressed," but do you mean in January did she have a
25
282

different understanding or in February or at any point
1
2 What time are you talking about?
during the lease term?
3 BY MR. BEZEK:
You can answer the question.
4 Q
If you understand the question.
5 MR. JABLON:
6 I'm not sure I understand.
THE WITNESS:
7 BY MR. BEZEK:
That came from your lawyer, to say "I don't
8 Q
9 understand."
No, that is a reminder to my
10 MR. JABLON:
client, sir, that just because you tell her she can
11
answer the question, that she is not obligated to answer
12
any question that she does not understand.
13
14 BY MR. BEZEK:
What is it you do not understand about my last
15 Q
question?
16
I'm not sure. Maybe the time span.
17 A
At any time during the year 2002, did you ever
18 Q
understand how the RGA was to work?
19
I don't think so.
20 A
How did you understand RGA to work during that
21 Q
time frame, the year 2002?
22
I believe that it had to do with the extra
23 A
activities, which were clinics and seminars, anything to
24
do with that, which is the way I wrote it out in my
25
283

1 analysis.
2 The way that it is written in the lease that
Q
3 you signed, is it different than in the way that you
4 wrote it out in your analysis?
Calls for a legal
5 Objection.
MR. JABLON:
6 conclusion.
I wouldn't be able to tell you
7 THE WITNESS:
It doesn’t make any
8 how it is written out in the lease.
9 sense to me.
10 BY MR. BEZEK:
11 Tell me what part doesn't make sense to you.
Q
The whole thing.
12 A
When did you — when you say "the whole thing,"
13 Q
are you talking about the first paragraph on the second
14
page of the lease?
15
I said the entire No. 5 that is labeled
16 A No.
"Rent."
17
So there is nothing about paragraph 5 that you
18 Q
understand?
19
20 A
21
moment, either.
22
Well, at the time that you signed the lease, I
23 Q
need to know if you had the same confusion that you say
24
you have today about paragraph 5.
25
284
Not that I know of sitting here right now, but
I'm not checking every line and every word at this

So my question is, was there anything about
1
paragraph 5 that you understood at the time you signed
2
3 this lease?
Not that I can remember.
4 A
Before signing the lease, did you tell your
5 Q
dad, "Dad, I don't understand anything about paragraph 5
6
and I'm really reluctant to sign a lease if I don't
7
Did you tell that to your
8 understand what it says"?
9 dad?
Are you talking about
Objection.
10 MR. JABLON:
11 the entire statement there?
12 BY MR. BEZEK:
Did you tell that to your dad?
13 Q
I don't understand your question.
14 A
Did you ever tell your dad, "Dad, I don't
15 Q
understand paragraph 5 or anything about it" before you
16
signed the lease?
17
Not that I can remember, but I can't guess.
18 A I
don't know.
19
Did you tell your mom,
20 Q
anything about paragraph 5 and I don't want to be
21
signing this thing if I don't understand it"?
22
I can't remember right now.
23 A
Did you tell Mark Maravelas, "Mr. Maravelas, I
24 Q
25 don't understand anything about paragraph 5 and I don't
285
"Mom, I don't understand

want to sign this thing if I don't understand it"?
1
Objection.
2 Compound.
MR. JABLON:
3 Mr. Maravelas didn't have
THE WITNESS:
4 anything to do with this. Mr. Gaggero did. And no, I
can't remember talking to either of them.
5 Accurately, I
I don't remember right now.
6 can't tell you.
7 BY MR. BEZEK:
So my question is still the same.
8 Q
Did you ever tell Mr. Maravelas at the time you
9
10 signed this lease
paragraph 5"?
11
I still can't answer.
12 A
Did you ever tell Mr. Gaggero at the time you
13 Q
signed this lease "I don't understand anything about
14
paragraph 5"?
15
I can't remember.
16 A
Why did you sign this lease if you didn't
17 Q
understand paragraph 5?
18
Objection.
19 MR. JABLON: Argumentative.
20 THE WITNESS: Because I made a foolish
I wanted to move in, and I was misled, I
decision.
21
believe, and I thought it was how I had written it out
22
and I didn't understand.
23
24 BY MR. BEZEK:
25 Q Did you read it before you signed it to see if
286
"I don't understand anything about

1 the way you had written it out?
it was
2 I can't remember. I don't think so.
A
3 Was this written differently than the way you
Q
4 had — when you say you mean you wrote
5 out the language that you wanted in this paragraph 5?
6 I told you I made an analysis of the way
A No.
7 thought I would be able to run the operations.
that I
So you're not talking about having language in
8 Q
the agreement that you wrote; you're talking about the
9
way you interpreted the language based on the analysis
10
11 you did before you signed?
12 Let me rephrase that. That's a very long
13 question.
14 I want to be sure I'm clear. You never wrote
any language that you wanted to be inserted in
15
paragraph 5; is that true?
16
17 A
Q
18
Mr. Gaggero or anybody else that "I want to see this
19
and then give him the language
20
you wanted?
21
22 A
23
24
Okay.
25 That was the calculations we talked
Q
287
On my analysis, in writing, I have the way I
understood the RGA, which I gave to Mr. Gaggero, and he
reviewed it, and that's the way I understood it.
It's not making sense what you're asking.
Did you ever sit down and suggest to
language in paragraph 5"
"written it out,"

1 about before, right?
2 Right.
A
I want to talk
3 Q
4
5
6 be included in the lease document?
7 I don't know.
A
Did you ever make a suggestion as to how you
8 Q
wanted the language to read in paragraph 5 that was not
9
10 incorporated in the final document?
11 I don't know.
A
12 Did you ever express to Mr. Gaggero or anybody
Q
from Pacific Coast Management during the course of the
13
lease — and that's during the year 2002 — that you
14
were confused by the RGA and didn't understand it?
15
16 Yes.
A
When was the first time you did that?
17 Q
18 A
19 Q
20 A
21
Did you do that in writing or did you do that
22 Q
23 orally?
24 It was both.
A
25 Q
I can't say accurately without guessing.
Can you give me an estimate?
Maybe possibly — without checking the
documents — a month or two into the lease.
Do you have a copy — have you seen a copy of
288
Now, let's put those aside.
about language to be included in the lease document.
Did you ever supply language that you wanted to

1
fl
2
3
4
5 A
6 Q
7
8 A
Who did you give it to?
9 Q
I didn't say
I didn't give anything to anyone.
10 A
You asked me if I have had any
I wrote anything.
11
written or verbal conversations.
12
And I think you said you had both.
9 13 Q
And I didn't do the writing.
Right.
14 A
Who did the writing?
15 Q
Mark Maravelas.
16 A
17 Q
18
that you did not understand all or any portion of
19
20
21 A
22 Q
23
portion of paragraph 5?
24
25 Yes.
A
289
the document you gave to Mr. Gaggero that said "I don't
strike that.
Did you say anything orally to anyone during
the year 2002 that you didn't understand all or any
understand anything —
What did you tell Mr. Gaggero in the written
Okay. My question to you is, did you ever
state to anyone from Pacific Coast Management in writing
paragraph 5 during the year 2002?
I can't remember.
document that you gave him about the RGA?
You just misstated everything I said.
What did you give to Mr. Gaggero to indicate
that you misunderstood or didn't understand the RGA?
I never said Mr. Gaggero; you did.

1 Who did you make that statement to?
Q
2 To Mark Maravelas and Steve Gaggero, the owner
A
3 of the property.
4 Anybody else other than those two?
Q
Maybe, but I can't remember right now.
5 A
6 What did you tell Mr. Maravelas about your
Q
7 misunderstanding with regards to this paragraph 5?
I can't remember in detail.
8 A
Give me the sum and substance.
9 Q
10 Basically that that's not the way that we had
A
understood it, and that's all I can remember.
11
When you say "that's not the way," apparently
12 Q
somebody had given you a calculation?
13
Mr. Maravelas did.
14 Yes.
A
When you reviewed it, you said "That's not the
15 Q
way I understand it"?
16
Right.
17 A
What did Mr. Maravelas say?
18 Q
He had actually made a mistake on the one that
19 A
I was speaking about, and we figured it out.
20 And then a
21
22
23 out.
24
25
290
short time later, I went to Mr. Gaggero, saying
Mr. Maravelas had made a mistake, so we had figured it
And then a short time later, it came up again, and
that's when I realized that I had misunderstood it very
badly and didn't understand it at all.

So now you recall the conversations?
1 Okay.
Q
That's all I remember right now.
2 A
Let's go back and go through what you just
3 Q
4 said.
What was the calculation that was done that
5
6 resulted in error?
7 A
8
9
all this stuff that Mark did, and so he erased it all.
10
(At which time, Mr. Chatfield enters the deposition
11
12 room.)
13 BY MR. BEZEK:
After he erased all of that, were you in
14 Q
agreement that it was then calculated correctly?
15
None of it was calculated.
16 A No. There was no
There was no — none of that income was supposed
17 RGA.
So the whole thing was erased.
to be used.
18 There was
no RGA, no calculations, nothing.
19
Do you recall when this conversation occurred?
20 Q
I would have to check the documents.
21 A No.
What was the reason why the RGA under that
22 Q
current calculation was not to be included?
23
Because those horses were not even living at
24 A
25 that property, and Mr. Gaggero said none of that was
291
It was just regarding some income that I had
gotten at the previous place I was at before December.
Mr. Gaggero said it wasn't supposed to be calculated,

1
2 Q
from those horses was being included for horses that
3
4
5 A
6
7
8
9 before.
So they would have — in order to count, they
10 Q
would have to be horses that were on the facility during
11
the lease period?
12
Right.
13 A
And you agreed with Mr. Gaggero on that?
14 Q
Yeah, I believe so.
15 A
Once that was corrected, was there any
Okay.
16 Q
other time when you expressed a concern about not
17
understanding how RGA was to be calculated?
18
Yeah, I just told you.
19 A
What was that?
Okay. I'm confused.
20 Q
21 A
22
and then it was completely different than I understood
23
it, and I went to Mr. Gaggero and spoke to him.
24
What was the calculation that you disagreed
25 Q
292
were not on that facility; is that right?
Some of them had been on the facility before
supposed to be included, and Mark had made a mistake.
So there were horses being included — revenue
the lease started, and Mr. Gaggero said those didn't
count for anything that was going to be calculated, and
some of them were from a different facility where I was
I said, a short time later, there was maybe one
or two boarders, and Mr. Maravelas figured out the RGA

1 with?
I can't say in detail right now.
2 A
3 Tell me in general.
Q
Just that he was taking income from the
4 A
boarders and I thought it was going to be for special
5
6 events and clinics and stuff like that, not from the
horses that were going to be boarded every month.
7
8 Not from stabling revenue?
Q
9 Right.
A
Now, when you went to Mr. Maravelas and you
10 Q
said stabling revenue is not to be included as part of
11
RGA, what did Mr. Maravelas say?
12
13 That's not what happened. You just misstated
A
said.
what I
14
Who did you —
15 Q
16 I said I went to Mr. Gaggero.
A
When you went to Mr. Gaggero and you said
17 Q
stabling income was not to be included, what did he say?
18
Objection.
19 MR. JABLON: Misstates her prior
testimony.
20
21 BEZEK:
BY MR.
What did Mr. Gaggero say?
22 Q
I can't remember in detail.
23 A
24
25 Q Did he
293
I just remember he
got very red and very angry and got very nasty.
Sum and substance, what did he say?

1 agree with you or disagree?
I just remember he got very
2 I can't remember.
A
3 angry.
4 Q
5
stabling income was to be included?
6
7 A
8 Q
included and you thought it shouldn't be?
9
The way I had written it out, it was not, and
10 A
that's the way I understood it to be.
11
'written it out," you're talking
12 l»1
When you say
Q
now, again, about your calculations before you signed
13
the lease?
14
Right.
15 A
When you brought this concern to
16 Okay.
Q
Mr. Gaggero's attention, he said, "I think stabling
17
income is included" and you said, "I don't think it's
18
Am I right so far?
included."
19
20 No.
A
21
22
Leaving aside that for a moment, I want
Okay.
23 Q
to know the substance of the conversation.
24 So that's
what I'm going to focus on.
25
294
I believe he disagreed.
So he thought that stabling income should be
So you don't recall whether he agreed that
stabling income was to be included or disagreed that
a little bit of it, but he just got very angry and
basically just blew up.
I just told you that's what I believe was

I can't remember any more right now.
1 A
Did you disagree with Mr. Gaggero in his
2 Q
3
4 MR. JABLON:
5 THE WITNESS:
6 now.
I
7
8
9
It was just very upsetting.
10 can remember.
11 BY MR. BEZEK:
12 When did this conversation occur?
Q
13 I can't tell you exactly.
A
Can you give me an approximation?
14 Q
Possibly around the month of March, but I'm
15 A
just guessing. I don't know.
16
So it would be approximately three months into
Q
17
18
19
I just said,
20 A
March."
21
Okay.
22 Q
23
24 A
25 Q
295
That's my best estimate I can give right now.
And you were very upset after this happened?
Objection.
I can't remember any more right
the lease? Maybe four months into the lease? Maybe two
months into lease?
So that's a — that's your estimate as
to when this occurred?
was figuring this paragraph out to be, and that's all I
"Possibly around the month of
I got very upset and was crying.
didn't know what to do and I didn't understand what he
I just remember that he got very angry and upset.
I was panicked.
conclusion that stabling income was to be included?
Asked and answered.

I said I was upset during it and after.
1 A No.
So during and after, you were upset,
2 Okay.
Q
3 correct?
4 That's right.
A
I think you said — if I remember your
5 Q
testimony correctly — you were very upset; is that
6
7 right?
8 Right.
A
Now, did you — what was the next step you took
9 Q
after Mr. Gaggero said "I think stabling income is to be
10
included" and you said "I don't"?
11
What was the next thing you did to address that
12
dispute?
13
I can't remember.
14 A
Well, you were very upset, so I assume you must
15 Q
have written him some kind of a document or a letter or
16
something to express the fact you were upset and that he
17
didn't interpret the document correctly.
18
I don't believe I did. I'm not a business
19 A
That's not my intent.
20 I went to him verbally.
person.
didn't write him a letter.
21 I went and talked to him.
I
don't remember if I wrote anything.
22 I
Did you make any rent payments after that to
23 Q
Mr. Gaggero or to Pacific Coast Management or to Sulphur
24
Mountain?
25
296

)
)
LLC . ,
LIVESTOCK CO.,
)
Plainti f f, )
)
) Case No. CIV 214702
vs.
)
)
)
et al., )
LLC . ,
FARMS,
)
)
Defendants.
)
taken on behalf of the
DEPOSITION OF MARSHA ADAMSON,
Plaintiff, at 1363 Donlon Street, Suite 8, Ventura,
California,
December 11, 2003 , FAEHNLE,
CSR No. 12536.
RPR,
c
61419
FILE NO.
J
800-438-2226
COURT REPORTERS
& VIDEOCONFERENCING
commencing at 10:00 A.M., Thursday,
before PATRICIA J.
CERTIFIED COP')
1363 Donlon Street - Suite 8-Ventura, California 93003-5638 -(805) 644-1986 FAX (805) 644 6582
20750 Ventura Boulevard - Suite 440-Woodland Hills, California 91364 -(818) 715-9122 FAX (818) 715 9183

1
It pulls from all fields.
profit-and-loss.
2
I don't know if I gave you copies of the check
3
but that's on the bank
4 register, which that would
If you look on the bank records, everything
5 records.
6 that is entered into the check registers prints out on
which I believe I gave you all of
7 the bank records,
8 those.
I was just wondering if there is a way that you
9 Q
know of where we can just on a disk get all of the data
10
I think that what
11 that is listed under those accounts.
you do in Quickbooks is you give a name to a client and
12
then enter in all the information.
13
Uh-huh.
14 A
Is there a way to take all the data that is
15 Q
listed for that particular client and just copy it onto
16
a disk?
17
18 A Sure.
Would you be able to do that without
Okay.
19 Q
another subpoena?
20
21 Sure.
A
Okay. If you could do that for both
Great.
22 Q
Geraldine Redmond and Somerset Farms and then send the
23
disk to me. that would be great.
24
Okay.
25 I thought I did give you a disk.
A
55
Sulfur Mountain vs. Redmond
Marsha Redmond
Pacific Coast Court Reporters
805.644.1986
wanted to, but basically you just ask for standard

I didn’t receive it.
1 Q No.
that's assuming I still have it,
2 Okay. Now,
A
3 which I'm pretty
All right.
4 Q Yes.
Other than the one meeting you described in
5
October or November of 2001 at Sulphur Mountain Land and
6
Livestock where you met with Jay Redmond -- and
7
Jay Redmond is the same as Geraldine Redmond -- and
8
John Redmond and Maureen Redmond and Steven Gaggero, did
9
you have any other meetings with anyone regarding the
10
11 lease?
had a meeting at the end.
I believe
12 A
but I don't know that that was specifically about the
13
Do you mean in forming the lease? Is that what
14 lease.
you're talking about?
15
Yes, regarding the draft and negotiation of the
16 Q
lease.
17
Besides that meeting, it was just telephone
18 A
conversations back and forth.
19
Did you have telephone conversations with only
20 Q
Geraldine Redmond or did other people participate?
21
I believe I talked to John.
22 A
Do you remember the substance of any of those
23 Q
conversations?
24
Basically just what was in this note was my
25 A
56
Marsha Redmond
805.644.1986
sure I do.
- well, we

1
I really wasn't involved after that.
2 what they did.
Do you remember if you did the
3 All right.
Q
projection for Geraldine Redmond prior to or after the
4
lease was finally executed?
5
6 The first projection?
A
The first projection.
7 Q
Prior to.
8 A
Do you know what the purpose was for you doing
9 Q
that projection?
10
to establish if she could make any
11 A Yes . It was
money in doing this.
12
And we have already heard your opinion on that.
13 Q
14 Correct.
A
Do you know if she gave that projection to
15 Q
16 anyone?
She showed it to Steve and John.
17 Yes.
A
Okay.
18 Steven Gaggero and John Redmond?
Q
19 Correct.
A
Do you have any knowledge of what transpired
20 Q
when she gave it to them? Did she tell you that she
21
spoke to anyone about it?
22
Well, she presented it at the meeting and then
23 A
it was just part of the discussion.
24 And now that I
25
57
Marsha Redmond
805.644.1986
think about it, I don't think Maureen was ever at that
opinions on it, and then they just went ahead and did

I don't
I think it was just John and Steve.
1 meeting.
think Maureen was at the first meeting.
2
Was she at any meetings?
3 Q
She was at the one in the very end
4 A Yes .
when -- I think it was in October of 2002 or something.
5
She was at that meeting.
6
I believe that there was a meeting
All right.
7 Q
probably at the end of September 2002 that we'll discuss
8
9 later.
Right, because that was the first time I met
10 A
11 her.
Okay.
12 Q
We can go off the record.
13
(Discussion held off the record.)
14
We can go back on the record.
15
16 CHATFIELD:
BY MR.
Do you know if prior to Geraldine Redmond,
17 Q
John Redmond and Maureen Redmond's company taking
18
possession of the equestrian facility, that the landlord
19
to make any improvements to the property?
20 was
I don11 know.
21 A
All right. Now, you earlier described what you
22 Q
understood the operations of the company to be. Did the
23
LLC lease to individual boarders?
24
25 A Yes.
58
Marsha Redmond
805.644.1986
MR. CHATFIELD:
MR. CHATFIELD:

1 you?
I wouldn't know about it.
2 A
So you said that you had to take things
3 Okay.
Q
What happens if she didn't
4 and put them in suspense.
What happens to those
5 ever give you the information?
6 items that are in suspense? They stay there?
They would stay there until we got some kind of
7 A
8 In other words, we
would have to call the bank and ask for copies of the
9
cancelled checks or do something to figure out what
10
something to figure out
copies of the deposits were.
11 or
what it was for.
12
Well, by this point in time, she is having a
13 Q
number of checks that are being returned by the bank for
14
insufficient funds; is that correct?
15
I believe I don't know. I believe that was
16 A
I know there was no money,
the case.
17 so I believe that
18 I don't remember how bad. I know she had bounced
was
I don't know how many of them.
checks.
19
Well, the NSF check charges appear on the bank
20 Q
statements every month. I saw that.
21 You saw that too,
didn't you?
22
Right. I just don't remember now what they
■23 A
you know, how much they came to.
24 were,
But what I'm trying to say is that there were
25 Q
84
Marsha Redmond
805.644.1986
documentation as to what they were.

checks and deposits and NSF checks that you were never
1
able to reconcile; is that correct?
2
I think we reconciled everything. It
3 No.
A
looks like from here she had $208 -- or $408 in
4
four months.
5
6 Of what?
Q
Bounced check charges.
7 A
How much is it per check usually?
8 Q Wow.
9 $18, something like that. It might have been
A
10 $20 by then.
So that would be -- how many checks is that at
11 Q
12 that amount?
20.
13 A
Did that throw the books off when that
14 Q Wow.
15 occurred?
16 No.
A
How do you handle that?
17 Q
If she writes checks and they don't clear,
18 it's
A
like she never wrote them, because this would be like
19
her paying somebody and then -- we wouldn't be deducting
20
the expense because the person never really got paid.
21
But you would somehow have to deal with the
22 Q
Would you add that in as an additional
23 NSF charge.
24 expense?
Yeah, the bank charges we would take because
25 A
85
Marsha Redmond
805.644.1986

But the person who the check
1 those actually happen.
Or she made it good,
bounced on just didn't get paid.
2
and then in that sense, it got paid. But I wouldn't put
3
it in if I didn't have something that said it actually
4
I believe she might have even started
5 cleared the bank.
paying some of them with cashier's checks.
6
7 Q or
8
9 what does that mean?
Laurie’s books gave
10 A
and then her mom had photocopies of
me certain answers,
11
checks and of different things, which I think is what
12
that other package is. Some of those were photocopies.
13
So her mom sent me photocopies of the checks.
14
Are you talking about Maureen Redmond?
15 Q
16 Correct.
A
She had photocopies of the checks?
17 Q
I think she would keep the cancelled
Right.
18 A
checks and send me the photocopies of the bank
19
So at this point,
20 I asked her for the
statement.
photocopies of the checks so I could figure out who the
21
checks were being written to.
22
23 So you never saw the original records?
Q
I don't believe so.
24 A
This memo seems to indicate that as of this
25 Q
86
Marsha Redmond
805.644.1986
photocopies, "
Now, when it refers in the first sentence
actually the second sentence, to "your mother's
Well, I asked her stuff.

between Geraldine Redmond and Laurie Canty; is that
1
2 true?
3 A Yes .
Do you recall if Laurie Canty required that
4 Q
certain things be done to the equestrian facility before
5
6 she moved in?
7 Yes .
A
Do you recall what any of those were?
8 Q
don't we have a list? Because
9 She wanted
A
She wanted saddle racks put
there was a typed list.
10
Laurie's move-in to do list.
in -- yeah. Here it is.
11
50 saddle racks, six pipe
six cross ties,
12 "Wash racks.
13
sand, picnic table, office, water truck and trailer
14
lights on outside of green barns."
15
Anything else attached on the next page that
16 Q
needed to be done?
17
18 A
Kim? Who is that?
19 Q
Kim was Laurie's assistant or something.
20 A
Somehow Kim had something to do with Laurie.
21 Then
Laurie got rid of her after a while.
22 But at this time,
think Kim was Laurie's assistant.
23 I
So there was more things to do?
24 Q
Right.
25 A
89
805.644.1986
Marsha Redmond
Yeah, Kim's stuff.
corrals, clean large round pen, covered arena, remove

And what were those?
1 Q
2 A
six pipe corrals and shelter, wash the arena,
3 racks,
add on pipe corral to
regrade, move the back wall back.
4
back up barn, cut doorway in barn to corral."
5
these things done so
6 Q
that Laurie Canty and Kim could move into the facility?
7
8 A
Do you know who did this work?
9 Q
10 A Jay.
Do you know?
Did she pay for the work herself?
11 Q
12 Yes.
A
How do you know that?
13 Q
I believe some of this we wrote checks for. A
14 A
this was done by the guys she had working for
lot of
15
and then she rehired some people to do some of it.
16 her.
I just saw checks going out.
17
Do you know if she made any arrangements with
18 Q
the landlord regarding any of these improvements?
19
I remember hearing something about one of his
20 A
construction companies or something doing some stuff.
21
but I don't remember any of the specifics about it.
22 I
just remember something about her hiring one of his
23
construction companies.
24
I believe there was checks to some of those
25
90
Marsha Redmond
805.644.1986
To your knowledge, were
"One wash rack next to the wood barn, 25 saddle
Yes, they were.

Pacific Coast Management of Avalon
Yeah.
1 guys .
Here is
I think that's one of them.
2 Engineering.
another one to Avalon Engineering. Those are
3
from what I understood -- part of Sulphur
4 actually
Mountain somehow.
5
How did you understand that?
6 Q
I don’t know.
Because Mark handled it and
7 A
I don't recall
think they were there.
just
8 It was I
the whole thing, but I just know.
9
You just kind of assume that based on the fact
10 Q
that they were all located in the similar area?
11
I think it was conversations with
12 No.
A
Somehow conversations with him led me
Mark Maravelas.
13
14
he was complaining because we weren't paying all of
15
their bills.
16
Whose bills?
17 Q
Avalon's.
18 A
Was he complaining about not paying Sulphur
19 Q
Mountain Land and Livestock's bills, Pacific Coast
20
Avalon's bills.
Mangement's bills, or you don't recall
21
which ones?
22
All of the above.
23 A
So it's safe to say that
Oh, okay.
24 Q
Laurie Canty required all of these things to be done to
25
91
805.644.1986
Marsha Redmond
to believe that they were, because I think at one point

facility?
1
2 Yes.
A
How did you learn that?
3 Q
I think her husband told me.
I don’t remember.
4 A
Were you still doing his books at that time?
5 Q
6 Yes.
A
Do you recall what he told you?
7 Q
Just that they couldn't work things out and
8 A
they were going to have to move.
9
Did you speak with Geraldine Redmond after you
10 Q
heard that from Jeff O'Haco?
11
I've talked to her
I'm sure I did.
12 I mean.
A
since, but I don't remember specifically. By the time
13
I didn’t want to
that meeting was over, I was done.
14
have anything to do with anything that had to do with
15
this situation, period. So all I did was what I felt I
16
responsible to give them from a professional
17 was
We didn't have any more conversations.
standpoint.
18
Do you know when Geraldine Redmond vacated the
19 Q
equestrian facility?
20
21 A
Do you know if it was before or after the
Q
22
expiration of the lease term?
23
I don't know.
24 A
don't really know that for positive.
25
112
Marsha Redmond
805.644.1986
I think it was before, but I
Yeah, I think it
No, I don't.

because I remember he let Laurie stay there
was before,
1
after Jay was gone, and that was when Jay still had the
2
And he allowed Laurie to keep the
lease with him.
3
4
Do you know if Laurie kept her horses there
5 Q
Did Laurie pay
during the lease term with Somerset?
6
Somerset during the time that Laurie Canty's horses were
7
there but Jay Redmond had left the facility?
8
There was really bad feelings
9 A
There is no way Laurie would have paid
10 between them.
Jay anything.
11
How do you know that there were bad feelings
12 Q
between the two of them?
13
Laurie told me and Jeff
Because Jay told me,
14 A
It was pretty common knowledge.
told me.
15
Did you continue to do the books for
16 Q
Laurie Canty's business during this time period?
17
No.
18 A
Do you remember when you stopped doing the
19 Q
books for Somerset Farms?
20
I only did what
21 A
I had to do to wrap it up and give them the reports that
22
they needed and that was it.
23
When the boarders entered into their agreements
24 Q
with Geraldine Redmond, did they pay a security deposit
25
113
Marsha Redmond
805.644.1986
Well, once we had that meeting,
horses there, and I think Jay was already gone.
No, she didn't.

SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF VENTURA
) CASE NO.
CIV 214702
)
LIVESTOCK CO. LLC,
)
)
PLAINTIFF,
)
)
VS.
)
)
)
)
FARMS LLC,
)
)
DEFENDANTS.
)
DEPOSITION OF MARK WILLIAM MARAVELAS
CALIFORNIA
2003
REPORTED BY:
SYLVIA POLLICK
CSR #1826, RMR, CRR
24
25
2420 W. Carson Street, Suite 210
Torrance, California 90501
Phone 310 • 787 • 4497
Fax 310 • 787 • 1024
LOS ANGELES,
TUESDAY, JULY 29,
SULLIVAN REPORTERS
COURT REPORTERS
ETC., ET AL.,

SUPERIOR COURT FOR THE STATE OF CALIFORNIA
1
COUNTY OF VENTURA
2
3
4
5
PLAINTIFF,
6
VS.
7
8
9
DEFENDANTS.
10
11
12
13
DEPOSITION OF MARK WILLIAM MARAVELAS,
14
TAKEN ON BEHALF OF DEFENDANTS, AT
15
10390 SANTA MONICA BOULEVARD, FOURTH FLOOR,
16
LOS ANGELES, CALIFORNIA, COMMENCING
17
JULY 29, 2003 ,
18
BEFORE SYLVIA POLLICK, A CERTIFIED
19
SHORTHAND REPORTER IN THE STATE OF
20
CALIFORNIA, LICENSE NO.
21 1826 .
A
22
23
24
25
2
SULLIVAN REPORTERS (310) 787-4497
)
)
)
)
)
)
)
)
)
)
)
)
.)
CASE NO.
CIV 214702
FARMS LLC, ETC., ET AL.,
LIVESTOCK CO. LLC,
* *
AT 8:10 A.M., TUESDAY,

KNOW.
1
NUMBER
IT CALLS FOR A LEGAL CONCLUSION,
2
"YES" "NO. "
OR
BUT YOU CAN ANSWER THAT EITHER
ONE,
3
IF YOU
TELL HIM YOU DON'T KNOW.
IF YOU DON'T KNOW,
4
"YES" OR
ANSWER
KNOW THE ANSWER TO THE QUESTION,
5
"NO. "
6
COULD YOU REPEAT THE
7 THE WITNESS:
QUESTION, PLEASE.
8
BY MR.
9 JABLON:
DO YOU KNOW WHETHER OR NOT
CERTAINLY.
10 Q
PACIFIC COAST MANAGEMENT IS QUALIFIED TO DO BUSINESS
11
IN CALIFORNIA?
12
I DON'T.
NO,
A
13
MR. BEZEK: QUESTION IS VAGUE AND
14
AMBIGUOUS. ALSO CALLS FOR A LEGAL CONCLUSION.
15
DID YOU GET THE ANSWER, MADAM REPORTER?
16
"NO,
THE REPORTER:
17
MR. BEZEK: THE ANSWER WAS "NO. "
18
THE WITNESS: NO, I DON'T KNOW.
19
BY MR. JABLON:
20
DO YOU KNOW IF SULPHUR MOUNTAIN LAND AND
Q
21
LIVESTOCK COMPANY HAS EVER OPERATED UNDER ANY DBA'S?
22
DO YOU UNDERSTAND WHAT I MEAN BY "DBA"?
23
YES, I DO.
24 A
25 Q DO YOU KNOW IF THEY HAVE EVER OPERATED
30
I DON'T."

UNDER ANY DBA'S?
1
NOT TO MY KNOWLEDGE.
2 A
HAS PACIFIC COAST MANAGEMENT EVER OPERATED
3 Q
UNDER ANY DBA'S?
4
SAME OBJECTIONS.
OBJECTION.
BEZEK:
5 MR.
YOU CAN ANSWER THAT "YES" OR
FIRST OF ALL,
6
"NO. "
7
I DON'T KNOW.
• 8:32A THE WITNESS:
8
JABLON:
9 BY MR.
HOW LONG HAVE YOU BEEN WITH PACIFIC COAST
10 Q
MANAGEMENT IN ANY CAPACITY?
11
ROUGHLY THREE OR FOUR YEARS.
A
12
HAVE YOU ALWAYS SERVED IN THE IDENTICAL
Q
13
CAPACITY IN WHICH YOU SERVE NOW WITH PACIFIC COAST
14
MANAGEMENT?
15
A YES.
16
HAVE YOU EVER HAD ANY OTHER ADDITIONAL
Q
17
CAPACITIES FOR PACIFIC COAST MANAGEMENT?
18
NO.
A
19
IS PACIFIC COAST MANAGEMENT ONE OF THE
Q
20
MANAGERS OF SULPHUR MOUNTAIN LAND AND LIVESTOCK
21
COMPANY?
22
YES, IT IS.
23 A
ARE THERE ANY OTHER MANAGERS OF SULPHUR
24 Q
♦
MOUNTAIN?
25
31

THE QUESTION IS
OBJECTION.
BEZEK:
MR.
1
VAGUE AND AMBIGUOUS.
2
I DON'T KNOW.
THE WITNESS:
3
4 BY MR. JABLON:
DO YOU KNOW WHETHER OR NOT PACIFIC COAST
5 Q
SERVES SULPHUR MOUNTAIN IN ANY CAPACITY OTHER THAN
6
AS ONE OF ITS MANAGERS?
7
TRADE SECRET.
OBJECTION.
BEZEK:
• 8:34A MR.
8
WOULD NOT TEND TO
IRRELEVANT TO THE PROCEEDINGS.
9
LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE.
10
DO YOU KNOW ONE WAY OR THE OTHER?
11
I DON'T KNOW.
NO,
THE WITNESS:
12
JABLON:
BY MR.
13
DO YOU KNOW WHEN SULPHUR MOUNTAIN WAS
Q
14
FORMED?
15
BEZEK: OBJECTION.
MR. RELEVANCY.
16
THE WITNESS: NO, I DON'T.
17
BEZEK:
MR. BY THE WAY,
18 WHEN I SAY,
"RELEVANCY," FOR THE PURPOSES OF THIS DEPOSITION,
19 IT
MEANS NOT TENDING TO LEAD TO THE DISCOVERY OF
20
ADMISSIBLE EVIDENCE.
21
BY MR. JABLON:
22
23 Q DO YOU KNOW WHO THE MEMBERS OF SULPHUR
MOUNTAIN LAND AND LIVESTOCK COMPANY,
24 LLC, ARE?
25 MR. BEZEK: OBJECTION. RELEVANCY.
32

I DO NOT.
NO,
THE WITNESS:
1
BY MR. JABLON:
2
DO YOU KNOW WHETHER OR NOT SULPHUR MOUNTAIN
3 Q
HAS ANY EMPLOYEES?
4
CALLS FOR TRADE
OBJECTION.
5 MR. BEZEK:
ALSO CALLS FOR A LEGAL
IRRELEVANT.
6 SECRETS.
7 CONCLUSION.
CAN I ASK THE
THE WITNESS:
8 : 35A 8
LET'S STEP OUTSIDE.
BEZEK:
MR.
9
THERE IS A QUESTION PENDING.
MR. JABLON:
10
HE WANTS TO TALK.
YES.
MR. BEZEK:
11
BUT YOU DO KNOW
I UNDERSTAND,
MR. JABLON:
12
THAT IT'S IMPROPER TO INTERRUPT IN THE MIDDLE OF A
13
QUESTION.
14
IT'S NOT IMPROPER.
BEZEK:
MR.
15
MR. JABLON: WE'RE OFF THE RECORD.
16
(MR. BEZEK AND THE DEPONENT LEFT THE ROOM
17
AT 8:35 A.M. AND RETURNED AT 8:43 A.M.)
18
• 8:43A JABLON:
MR. READY TO GO BACK ON THE
19
RECORD?
20
BEZEK:
MR. YES.
21
MR. JABLON: MADAM REPORTER,
22 CAN YOU PLEASE
READ THE PENDING QUESTION.
23
(RECORD READ AS FOLLOWS:
24
"Q
25 DO YOU KNOW WHETHER OR NOT
33

SULPHUR MOUNTAIN HAS ANY EMPLOYEES?")
1
IRRELEVANT,
OBJECTION.
BEZEK:
MR.
2
AND IT'S HARASSING PART OF THE
VIOLATES PRIVACY,
3
4 DEPOSITION.
DO YOU KNOW ONE WAY OR THE OTHER?
5
I DO KNOW.
YES,
THE WITNESS:
6
7 JABLON:
BY MR.
DOES SULPHUR MOUNTAIN HAVE ANY EMPLOYEES?
8 Q
9 A NO.
DOES PACIFIC COAST MANAGEMENT HAVE ANY
10 Q
CUSTOMERS?
11
WHAT'S THE
I'M SORRY.
BEZEK:
MR.
12
QUESTION?
13
BY MR. JABLON:
14
Q
15
CUSTOMERS?
16
BEZEK: OBJECTION.
MR. THE QUESTION IS
17
IT'S ALSO IRRELEVANT.
VAGUE AND AMBIGUOUS. IT'S
18
ALSO TRADE SECRET.
19
THE WITNESS: I DON'T THINK I CAN ANSWER
20
8 : 44A
THAT BECAUSE THERE'S MATTERS OF PRIVACY WITH PACIFIC
21
COAST MANAGEMENT, TRADE SECRETS AND SO ON.
22
JABLON:
BY MR.
23
ARE YOU REFUSING TO ANSWER THE QUESTION?
24 Q
25 MR. BEZEK: YES, HE'S BEEN INSTRUCTED.
34

JABLON:
1 BY MR.
IS SULPHUR MOUNTAIN A CUSTOMER OF PACIFIC
2 Q
COAST?
3
THE QUESTION IS VAGUE AND
4 BEZEK:
MR.
"CUSTOMER."
AMBIGUOUS AS TO WHAT YOU MEAN BY
5
COULD YOU BE MORE DEFINITE?
6 THE WITNESS:
7 BY MR. JABLON:
LET ME GO IN A SLIGHTLY DIFFERENT
8 Q
9 DIRECTION.
10
WRITTEN CONTRACTS OF ANY SORT WITH SULPHUR MOUNTAIN?
11
IT'S
CALLS FOR
OBJECTION.
MR. BEZEK:
12
IT ALSO CALLS FOR TRADE
IRRELEVANT, NUMBER ONE.
13
SECRETS.
14
"IRRELEVANT"?
DID I SAY,
15
8:45A
THE REPORTER: YES.
16
BEZEK: OKAY.
MR.
17
THE WITNESS: THAT I DON'T KNOW.
18
BY MR. JABLON:
19
AT ANY TIME ON OR BEFORE JANUARY 1,
Q
20 2002 ,
DID PACIFIC COAST MANAGEMENT HAVE A WRITTEN CONTRACT
21
WITH SULPHUR MOUNTAIN LAND AND LIVESTOCK COMPANY
22
PURPORTING TO ALLOW PACIFIC COAST MANAGEMENT TO
23
24 LEASE THE PROPERTY THAT IS THE SUBJECT OF THIS
25 DISPUTE?
35

THAT CALLS FOR A
OBJECT.
BEZEK:
MR.
1
CALLS FOR
LACKS FOUNDATION.
LEGAL CONCLUSION.
2
3 SPECULATION.
THAT I DON'T KNOW.
THE WITNESS:
4
OFF THE RECORD FOR ONE SECOND.
8 : 4 6A 5 JABLON:
MR.
(WHEREUPON, A DISCUSSION WAS HELD OFF
6
THE RECORD.)
7
LET'S GO BACK ON THE RECORD.
8 : 47A 8 MR. JABLON:
I HAVE HANDED YOU WHAT I'M ASKING THE
9
19 .
REPORTER TO MARK COLLECTIVELY AS EXHIBIT
10
JUST FOR CLARIFICATION PURPOSES FOR THE
11
EXHIBIT 19 CONSISTS OF THE ENTIRETY OF THE
12 RECORD,
EXHIBIT PACKET FROM STEVEN GAGGERO'S TWO DAYS OF
13
THAT'S EXHIBITS 1 THROUGH 18.
DEPOSITIONS,
14
* * *
15
(WHEREUPON, THE DOCUMENT REFERRED TO
16
WAS MARKED DEFENDANTS' EXHIBIT NO.
17 19
FOR IDENTIFICATION BY THE COURT REPORTER,
18
AND A COPY IS SEPARATELY BOUND.)
19
* * *
20
BY MR. JABLON:
21
Q COULD YOU PLEASE TURN TO EXHIBIT 6,
22
WHICH - EXHIBIT 6 WHICH IS INSIDE OF EXHIBIT 19,
23
24 WHICH IS THE FIRST AMENDED COMPLAINT, AND WHEN YOU
25 GET TO THE FIRST AMENDED COMPLAINT, IF YOU COULD
36

WHICH IS ATTACHED AS
PLEASE TURN TO THE LEASE,
1
EXHIBIT A.
2
I THINK WE
BY THE WAY,
BEZEK:
MR.
8 : 49A 3
GAGGERO'S
ESTABLISHED ON THE RECORD IN MR.
4
AT LEAST IN THE
DEPOSITION THE LEASE DOCUMENT
5
AMONG
EXHIBIT THAT WAS USED — IS NOT COMPLETE.
6
I DON'T
THERE'S A MAP THAT'S MISSING.
OTHER THINGS,
7
KNOW IF THERE'S ANYTHING ELSE THAT'S MISSING.
8
GO AHEAD.
BUT WITH THAT IN PLACE,
9
AND I BELIEVE ALSO
CORRECT.
MR. JABLON:
10
GAGGERO'S DEPOSITION WAS THAT
ESTABLISHED DURING MR.
11
THERE'S A MISSING
THE LEASE IS NOT COMPLETE,
IF
12
SINCE WE'RE USING THE LEASE THAT IS ATTACHED
MAP
13
TO THE FIRST AMENDED COMPLAINT AND PURPORTS TO BE
14
THE BASIS ON WHICH THE COMPLAINT IS BASED, WE WILL
15
NOT OBJECT TO AN APPROPRIATE STIPULATION ALLOWING
16
CHATFIELD OR YOURSELF, SINCE YOU'RE ASSOCIATING
MR.
17
TO FILE AN AMENDMENT TO THE EXHIBIT,
IN,
18 ATTACHING
THAT EXHIBIT.
19
MR. BEZEK: WHY DON'T WE JUST AGREE THAT AT
20
THE TIME OF TRIAL WE'LL GO OVER THE EXHIBITS,
21 AND
WE'LL MAKE SURE THAT THE EXHIBITS ARE COMPLETE,
22 AND
23 IF A DOCUMENT HAS TO BE AMENDED AT THAT TIME, WE'LL
24 AMEND IT THEN RATHER THAN GO THROUGH THE NECESSITY
25 OF BULKING UP THE COURT FILE WITH YET ANOTHER
37

FILING.
1
WE CAN DEAL WITH THAT LATER.
JABLON:
MR.
2
8 : 50A
WE'LL CROSS THAT BRIDGE LATER.
3
LOOKING AT THE EQUESTRIAN
MARAVELAS,
MR.
4 Q
FACILITY LEASE THAT'S ATTACHED TO THE EXHIBIT, HAVE
5
YOU EVER SEEN THIS DOCUMENT BEFORE?
6
7 A YES.
WHEN HAVE YOU SEEN THIS DOCUMENT BEFORE?
8 Q
WHEN I SIGNED IT WITH JAY REDMOND AND AT
A
9
VARIOUS TIMES THEREAFTER LOOKING UP INFORMATION.
10
DID YOU SEE IT AT ANY TIME PRIOR TO THE
11 Q
DATE YOU SIGNED THE LEASE?
12
A NO.
13
WERE YOU INVOLVED IN ANY CAPACITY IN THE
Q
14
NEGOTIATION OF THIS LEASE?
15
16 A NO.
IF YOU TURN TO THE SIGNATURE PAGE,
17 Q PLEASE.
OKAY.
A
18
IS THAT YOUR SIGNATURE ON THE FIRST
Q
19
SIGNATURE LINE?
20
A YES, IT IS.
21
8:51A
22 Q AND THE LEASE PURPORTS TO HAVE BEEN ENTERED
23 INTO, IT SAYS ON THE FIRST PAGE, "THIS 23 DAY OF
24 NOVEMBER, 2001."
25 DO YOU RECALL IF THAT IS THE DAY THAT YOU
38

SIGNED THIS LEASE?
1
BUT I WOULD SAY IT WAS ON
I DON'T REMEMBER,
A
2
IN THAT AREA.
YEAH,
THAT DAY,
3
UNDER
LOOKING AT THE SIGNATURE LINE AGAIN,
4 Q
"PACIFIC COAST MANAGEMENT,
YOUR SIGNATURE IT SAYS,
5
♦
CFO. "
BY MARK MARAVELAS,
6 MANAGER,
DO YOU SEE WHERE I'M TALKING ABOUT?
7
A YES.
8
AND I UNDERSTAND THAT THERE WAS A
OKAY.
Q
9
" E"
IT'S HARD TO SEE THE
COPY THAT WAS PROVIDED
10
I BELIEVE THE "E" AND THE "L" IN YOUR
AND THE
11
BUT IS THAT CORRECT AS TO WHAT THAT SAYS?
NAME,
12
IT IS.
YES,
A
13
8 : 52A
"CFO," WHAT DO YOU
WHERE IT SAYS,
14 Q
UNDERSTAND "CFO" TO MEAN?
15
CHIEF FINANCIAL OFFICER.
A
16
ARE YOU THE CHIEF FINANCIAL OFFICER OF
17 Q
PACIFIC COAST MANAGEMENT?
18
YES.
A
19
WERE YOU THE CHIEF FINANCIAL OFFICER AT THE
Q
20
TIME THIS AGREEMENT WAS SIGNED?
21
YES.
A
22
COULD YOU EXPLAIN TO ME WHAT YOU UNDERSTAND
23 Q
"CHIEF FINANCIAL OFFICER" TO MEAN.
24
25 A PRETTY MUCH THE SAME AS AN ACCOUNTANT.
39

IT WORKS WITH MANAGEMENT
AND IT ALSO OVERSEES
1
REGARDING FINANCIAL MATTERS FOR WHATEVER THE ENTITY
2
3 IS.
DO YOU RECEIVE ANY COMPENSATION BY PACIFIC
4
8 : 53A Q
SORT FOR ACTING AS ITS CFO?
5 OF ANY
6 A NO.
YOUR ANSWER CAME IN BEFORE I
7 BEZEK:
MR.
COULD OBJECT.
8
IT CALLS FOR FINANCIAL PRIVACY OF NOT ONLY
9
THE WITNESS BUT ALSO TRADE SECRETS OF THE COMPANY.
10
THE WITNESS'S ANSWER CAME IN BEFORE I COULD OBJECT.
11
BY MR. JABLON:
12
DID YOU READ THE LEASE BEFORE SIGNING IT?
13 Q
A YES.
14
WERE YOU INSTRUCTED BY ANYONE TO SIGN THE
15 Q
LEASE?
16
I WAS TOLD THAT IT WAS APPROPRIATE.
A
17 IT WAS
A LEASE THAT WAS NEGOTIATED AND ALL THE PARTIES HAD
18
AGREED TO AND THAT IT WAS OKAY TO SIGN IT.
19
WHO WERE YOU TOLD THAT BY?
20 Q
MR. GAGGERO.
A
21
AND WHEN DID MR.
22 Q GAGGERO TELL YOU THIS?
I DON'T REMEMBER EXACTLY.
A
23
8 : 54A 24 I IMAGINE IT WAS BEFORE YOU SIGNED IT?
Q
25 A YES.
OH,
40

AND DO YOU REMEMBER IF IT WAS WITHIN
OKAY.
1 Q
A MONTH OF THE TIME YOU SIGNED IT?
2
IF NOT THE SAME DAY,
IT WOULD HAVE BEEN,
3 A
SO THAT I HAD ENOUGH TIME TO
MAYBE THE DAY BEFORE,
4
READ THROUGH IT.
5
GAGGERO TELLING YOU
PRIOR TO MR.
OKAY .
6 Q
WERE YOU
THAT IT WAS OKAY FOR YOU TO SIGN THE LEASE,
7
AWARE THAT SULPHUR MOUNTAIN LAND AND LIVESTOCK
8
COMPANY WAS IN NEGOTIATIONS SURROUNDING THIS LEASE?
9
VAGUE AND
OBJECTION.
BEZEK:
10 MR.
LACKS
ASSUMES FACTS NOT IN EVIDENCE.
AMBIGUOUS.
11
12 FOUNDATION.
I WAS AWARE OF SOME STUFF,
THE WITNESS:
13
YES.
14
BY MR. JABLON:
15
WHAT WERE YOU AWARE OF?
ALL RIGHT.
Q
16
I HAD JUST HEARD STEVE OR STEVE HAD
A
17
GAGGERO HAD COMMENTED THAT HE WAS NEGOTIATING
MR.
18
FOR THE LEASE OF THE EQUESTRIAN CENTER.
19
JUST LIKE I'M GOING TO USE "SULPHUR
Q
20
8 : 55A
MOUNTAIN" SOMETIMES INSTEAD OF "SULPHUR MOUNTAIN
21
LAND AND LIVESTOCK COMPANY, LLC," AND "PACIFIC
22
COAST" INSTEAD OF "PACIFIC COAST MANAGEMENT," FROM
23
24 TIME TO TIME YOU FORGET TO CALL MR. GAGGERO
"MR. GAGGERO" AND REFER TO HIM AS
25 IS IT
41
"STEVE."

"STEVE"
FAIR FOR ME TO UNDERSTAND THAT WHEN YOU SAY,
1
YOU MEAN STEVE GAGGERO?
2
YES.
3 A
GAGGERO COMMENTED THAT HE
WHEN MR.
OKAY .
Q
4
WAS NEGOTIATING FOR THE LEASE OF THE EQUESTRIAN
5
WHAT DID HE TELL YOU?
6 CENTER,
I DON'T REMEMBER.
7 A
DO YOU REMEMBER GENERALLY THE SUBJECT OF
8 Q
BEYOND THAT HE WAS NEGOTIATING FOR
THE CONVERSATION,
9
THE LEASE OF THE EQUESTRIAN CENTER?
10
I MEAN
NO,
11 A
AND EVEN THAT STATEMENT IS JUST KIND OF A VAGUE
12
GENERALIZATION.
13
GAGGERO TOLD YOU THAT IT
WHEN MR.
OKAY.
14 Q
8 : 56A
WAS OKAY TO EXECUTE THIS LEASE, WHAT DID HE TELL
15
YOU?
16
A
17
I'M GOING TO OBJECT TO THE LAST
MR. BEZEK:
18
IT'S ARGUMENTATIVE AS PHRASED.
QUESTION.
19 IT HAS AN
INTRODUCTION TO THIS QUESTION WHICH IS ARGUMENTATIVE
20
AND ASSUMES FACTS NOT IN EVIDENCE.
21 NO OBJECTION TO
THE QUESTION ITSELF.
22 MOVE TO STRIKE THE
INTRODUCTORY PHRASE AND ARGUMENT IN THE QUESTION.
23
BY MR. JABLON:
24
25 Q DO YOU REMEMBER GENERALLY WHAT HE TOLD YOU
42

IN CONNECTION WITH THE CONVERSATION ABOUT EXECUTING
1
THE LEASE?
2
ASKED AND ANSWERED.
BEZEK:
3 MR.
ASKED AND ANSWERED.
THE WITNESS:
4
5 BY MR. JABLON:
SIR, AND
IT'S ASKED IN A DIFFERENT PHRASE,
6 Q
I WOULD ASK THAT YOU RESPOND TO THE QUESTION.
7
DO YOU REMEMBER ANYTHING OTHER
bezek:
8 MR.
THAN WHAT YOU HAVE ALREADY TOLD HIM?
9
NO.
THE WITNESS:
10
BY MR. JABLON:
8 : 57A 11
PRIOR TO YOUR EXECUTING THIS LEASE, DID
12 Q
YOU HAVE ANY CONVERSATIONS WITH ANYONE REGARDING
13
GERALDINE REDMOND SPECIFICALLY?
14
A NO.
15
SAME QUESTION, BUT NOW INSTEAD OF GERALDINE
16 Q
JOHN REDMOND. ANY CONVERSATIONS ABOUT JOHN
REDMOND,
17
REDMOND?
18
A NO.
19
SAME QUESTION,
Q MAUREEN REDMOND NOW THIS
20
TIME. ANY
21
MR. BEZEK:
22 ALL OF THESE ARE SPECIFICALLY
ABOUT THAT INDIVIDUAL?
23
24 MR. JABLON: YES.
25 Q ANY CONVERSATIONS SPECIFICALLY ABOUT
43

MAUREEN REDMOND PRIOR TO EXECUTING THE LEASE?
1
NO.
2 A
AT ANY TIME PRIOR TO THE EXECUTION OF THIS
3 Q
HAD YOU EVER HEARD OF GERALDINE REDMOND?
4 LEASE,
VAGUE
AS I COMMENTED EARLIER,
5 A ONLY,
NOT VAGUE REFERENCE BUT REFERENCES THAT
6 REFERENCE
GAGGERO WAS NEGOTIATING A LEASE WITH THEM.
7 MR.
AND HOW WAS GERALDINE REFERENCED IN THOSE
8 : 58A 8 Q
CONVERSATIONS?
9
MR. BEZEK:
10
AMBIGUOUS.
11
SHE WAS REFERRED
THE WITNESS: FIRST OFF,
12
TO AS "JAY." I DIDN'T KNOW HER NAME WAS GERALDINE
13
UNTIL I SAW IT ON THE LEASE.
14
BY MR. JABLON:
. 15
OKAY.
Q
16
AND JUST AS I SAID,
A SHE WAS
17 MR. GAGGERO
WAS NEGOTIATING THE LEASE WITH HER.
18
PRIOR TO THE EXECUTION OF THE LEASE,
Q
19 HAD
YOU EVER HEARD OF JOHN REDMOND?
20
A NO.
21
Q PRIOR TO THE EXECUTION OF THE LEASE,
22 HAD
YOU EVER HEARD OF MAUREEN REDMOND?
23
24 A NO.
25 Q WHEN YOU SIGNED THE LEASE, WHO ELSE WAS
44

PRESENT WHEN YOU SIGNED THE LEASE?
1
THERE WAS GERALDINE REDMOND AND STEVE
2 A
3 GAGGERO.
PRIOR TO THE DAY YOU SIGNED THE LEASE, HAD
4 Q
YOU EVER MET GERALDINE REDMOND?
5
8 : 59A 6 YES.
A
HOW MANY TIMES HAD YOU
PRIOR TO THAT DAY,
7 Q
MET GERALDINE REDMOND?
8
MAYBE TWO TO
9 A
10 THREE TIMES.
AND IN WHAT CONTEXT DID YOU MEET HER?
11 Q
SHE HAD JUST STOPPED BY TO TALK WITH STEVE
12 A
OR TO LOOK AT SOMETHING ON THE PROPERTY.
13
OKAY . WHEN SHE TALKED WITH MR. GAGGERO,
Q
14
WERE YOU INVOLVED IN ANY OF THOSE CONVERSATIONS?
. 15
NO. OTHER THAN AN INFORMAL GREETING,
A
16 NO.
OKAY. WHEN SHE HAD ANY OF THESE
Q
17
CONVERSATIONS WITH MR. GAGGERO,
18 DID YOU OVERHEAR THE
CONVERSATIONS?
19
A NO.
20
Q YOU SAY THAT SHE STOPPED BY TO TALK WITH
21
STEVE OR TO LOOK AT SOMETHING ON THE PROPERTY,
22 DID
YOU EVER GO WITH HER TO LOOK AT,
23 AS YOU PUT IT,
"SOMETHING ON THE PROPERTY"?
24
25 A NO.
45
SULLIVAN REPORTERS (310) 7S7-4497

HAVE YOU EVER PERSONALLY MET JOHN REDMOND?
1 Q
2 A YES.
9 : 0 0A
WHEN WAS THE FIRST TIME YOU MET JOHN
3 Q
REDMOND?
4
5 I DON'T REMEMBER.
A
DID YOU MEET JOHN REDMOND PRIOR TO THE
6 Q
EXECUTION OF THIS LEASE?
7
NO.
8 A
DID YOU MEET MAUREEN REDMOND PRIOR TO THE
9 Q
EXECUTION OF THIS LEASE?
10
A NO.
11
DID YOU EVER HAVE ANY CONVERSATIONS ABOUT
12 Q
THIS LEASE PRIOR TO ITS EXECUTION WITH ANYONE OTHER
13
THAN MR. GAGGERO?
14
BEZEK: OBJECTION TO THE EXTENT IT
MR.
15
CALLS FOR ATTORNEY-CLIENT PRIVILEGE.
16
I CONCUR.
MR. JABLON:
17
OTHER THAN CONVERSATIONS WITH YOUR
Q
18
AND JUST FOR PURPOSES OF THE RECORD,
ATTORNEYS.
19
UNDERSTAND THAT IF ANY OF MY QUESTIONS YOU END UP
20
THINKING TO YOURSELF, "WELL,
21 YEAH, I TALKED TO
BUT IT WAS MY ATTORNEY OR THE ATTORNEY FOR
SOMEONE,
22
THE COMPANY," EXCLUDE THAT.
23 I DON'T WANT TO KNOW
ANYTHING THAT'S ATTORNEY-CLIENT PRIVILEGE.
24
DO YOU UNDERSTAND WHAT I MEAN BY THAT?
9 : 02A 25
46

YES.
A
1
SO OTHER THAN CONVERSATIONS
ALL RIGHT.
2 Q
DID YOU HAVE
GAGGERO,
WITH YOUR ATTORNEY AND MR.
3
ANY CONVERSATIONS ABOUT THIS LEASE PRIOR TO ITS
4
EXECUTION?
5
6 A NO.
GAGGERO AND YOUR ATTORNEYS,
7 Q OTHER THAN MR.
HAVE YOU EVER HAD ANY CONVERSATIONS ABOUT THIS
8
AND I GUESS OTHER THAN THIS DEPOSITION
9 LEASE
SUBSEQUENT TO ITS EXECUTION WITH ANYONE?
10
THE QUESTION IS VAGUE AS
WELL,
MR. BEZEK:
11
DO YOU MEAN CONVERSATIONS WHERE THE LEASE
PHRASED.
12
SPECIFIC PORTIONS OF
WAS SPECIFICALLY IDENTIFIED,
13
OR DO YOU MEAN TO INCLUDE
THE LEASE WERE DISCUSSED,
14
DISCUSSIONS WHICH MAY HAVE IN ONE FASHION OR ANOTHER
■ 15
RELATED TO OR ADDRESSED SOME PORTION OF THE LEASE?
16
LET'S START SPECIFIC AND GO
JABLON:
MR.
17
MORE GENERAL.
18
WE'RE TALKING ABOUT OTHER THAN THIS
AGAIN,
Q
19
DEPOSITION, CONVERSATIONS WITH YOUR ATTORNEYS,
20 AND
CONVERSATIONS WITH MR. GAGGERO.
21
AND SUBSEQUENT TO THE DAY YOU SIGNED THE
22
9 : 03A
LEASE.
23
A AFTER
24 AFTER I SIGNED.
25 Q AFTER YOU SIGNED THE LEASE. SO THAT'S THE
47

TIME PERIOD AND THAT'S THE EXCEPTIONS THAT I DON'T
1
OKAY?
2 CARE ABOUT.
OKAY.
3 A
DID YOU HAVE ANY CONVERSATIONS SPECIFICALLY
4 Q
ABOUT THIS LEASE OR ANY PORTION THEREOF WITH ANYONE
5
ELSE?
6
THE ONLY OTHER ONE I
I DON'T REMEMBER.
7 A
GERALDINE
WOULD TALK TO WOULD BE JAY REDMOND,
8
9 REDMOND.
BUT NOW INSTEAD
SAME QUESTION,
ALL RIGHT.
10 Q
GENERALLY ABOUT
OF SPECIFICALLY ABOUT THIS LEASE,
11
ANY CONVERSATIONS WHICH IN ANY WAY
STRIKE THAT.
12
EVEN IN PASSING?
REFERENCE THE LEASE,
13
BEZEK: OBJECTION. CALLS FOR
MR.
14
SPECULATION AND CONJECTURE AS PHRASED. LACKS
15
MAY EVEN IMPLICATE A LEGAL ANALYSIS.
FOUNDATION.
16
I'M NOT SURE I UNDERSTAND.
THE WITNESS:
17
9 : 04A
CAN YOU REPEAT IT?
18
JABLON:
BY MR.
19
SAME QUESTION IN TERMS OF SAME TIME
SURE.
Q
20
PERIOD AFTER THE EXECUTION OF THE LEASE,
21 SAME
THIS DEPOSITION,,YOUR ATTORNEYS,
EXCLUSION,
22
MR. GAGGERO.
23
DID YOU HAVE ANY CONVERSATIONS WITH ANYONE,
24
OTHER THAN WHOM WE HAVE IDENTIFIED,
25 IN WHICH THE
48

LEASE WAS REFERENCED IN ANY FASHION?
1
SPECULATION, LACKS
CONJECTURE,
BEZEK:
2 MR.
CALLS FOR A LEGAL OPINION.
3 FOUNDATION.
I DON'T REMEMBER.
THE WITNESS:
4
BY MR.
5 JABLON:
HAVE YOU EVER HAD ANY
ALL RIGHT.
6 Q
CONVERSATIONS WITH A WOMAN BY THE NAME OF MARSHA
7
ADAMSON?
8
A YES.
9
WHO IS MS. ADAMSON?
10 Q
SHE IS REDMOND'S
TO MY UNDERSTANDING,
A
11
I DON'T KNOW HER
ACCOUNTANT PERSON.
BOOKKEEPER,
12
EXACT STUFF.
13
DID YOU HAVE ANY CONVERSATIONS WITH
Q
9 : 05A 14
ADAMSON UNRELATED TO THIS LEASE OR THIS PRESENT
MS.
15
DISPUTE?
16
A NO.
17
MR. BEZEK: WITH REGARDS TO YOUR LAST
18
YOU'RE INTENDING TO EXCLUDE
QUESTION, ANDREW,
19
FRIENDLY CONVERSATIONS, PASSING THE TIME OF DAY,
20
OR
21
MR. JABLON:
22 RIGHT.
MR. BEZEK: YOU MEAN SUBSTANTIVE
23
CONVERSATIONS?
24
25 MR. JABLON: RIGHT, SUBSTANTIVE.
49

YES.
BEZEK:
1 MR.
AND THE DEPONENT
GAGGERO,
(MR. BEZEK, MR.
2
AND RETURNED AT
LEFT THE ROOM AT 3:07 P.M.
3
3:09 P.M.)
4
3 : 09P 5 BY MR. JABLON:
HAVE YOU HAD AN OPPORTUNITY
6 Q MARAVELAS,
MR.
TO REVIEW EXHIBIT 32?
7
A YES, I HAVE.
8
IS THAT YOUR SIGNATURE THAT APPEARS ON
9 Q
OF THE EXHIBIT?
PAGE 3
10
A YES, IT IS.
11
DID YOU READ THIS DOCUMENT PRIOR TO
12 Q
EXECUTING IT?
13
A YES, I DID.
14
DID YOU PREPARE THIS DOCUMENT?
Q
15
MR. OBJECTION.
BEZEK: QUESTION IS VAGUE
16
AND AMBIGUOUS ON "PREPARE."
17
THE WITNESS: NO, I DIDN'T PREPARE IT.
18
BY MR. JABLON:
19
DID YOU ASSIST SOMEONE IN THE PREPARATION
Q
20
OF THIS DOCUMENT?
21
A YES, I DID.
22
Q WHO DID YOU ASSIST?
23
A
24 MR. CHATFIELD.
25 Q SIR, IF YOU CAN PLEASE FLIP TO THE SECOND
235

PAGE OF THE EXHIBIT.
1
OKAY .
A
2
HOW DID YOU
BEGINNING WITH PARAGRAPH 6,
Q
3
CALCULATE THAT NUMBER?
4
I'D HAVE TO LOOK AT THE
I DON'T REMEMBER.
3 : 10P 5 A
RECORDS.
6
DID YOU RELY ON ANY DOCUMENTS IN COMPILING
7 Q
THAT NUMBER?
8
THAT I DON'T REMEMBER BECAUSE IT WAS AROUND
9 A
JUNE.
10
SIR?
WHAT WAS AROUND JUNE,
Q
11
IT'S SAYING THE DEFENDANT OWES
WELL,
A
12
PLAINTIFF 2763 FOR UNPAID RGA OWED FOR JUNE, AND AT
13
SOME POINT IN JUNE OR JULY, WE DIDN'T GET ANY MORE
14
TRANSACTION REPORTS FROM THE REDMONDS. SO,
15
I'M NOT SURE IF THAT NUMBER WAS DERIVED
THEREFORE,
16
FROM REPORTS FROM REDMOND OR ESTIMATES FROM PREVIOUS
17
NUMBERS THAT WE PUT TOGETHER.
18
THIS DOCUMENT WAS EXECUTED ON APRIL 16,
Q
19
3: IIP
2003; IS THAT CORRECT?
20
YES.
A
21
PARAGRAPH 7,
Q
22 THE NUMBER THERE.
OKAY.
A
23
24 Q WHAT DOCUMENTS, IF ANY, DID YOU RELY ON IN
25 COMING UP WITH THAT NUMBER?
236 .

THAT WOULD BE THE SAME RESPONSE AS TO THE
A
1
SAME QUESTION FOR ITEM 6.
2
WHICH IS?
3 Q
THAT WE DIDN'T HAVE ANY TRANSACTION REPORTS
4 A
AND
FROM THE REDMONDS AFTER A CERTAIN POINT IN TIME,
5
AND I DON'T
ALTHOUGH THIS SAYS IT'S OWED FOR JULY
6
SO THIS WOULD
BELIEVE WE GOT ANYTHING FOR JULY
7
HAVE BEEN AN ESTIMATE BASED ON NUMBERS THAT WE GOT
8
AND I DON'T REMEMBER WHERE THOSE
FROM SOMEWHERE,
9
CAME FROM.
10
YOU'RE REFERRING NOW TO THIS
BEZEK:
3 : 13P MR.
11
EXHIBIT 32?
DOCUMENT HERE THAT'S IN FRONT OF YOU,
12
BY MR. JABLON:
13
MOVING TO PARAGRAPH 8, SAME QUESTION AS TO
Q
14
THE NUMBER THERE. WHAT DOCUMENTS, IF ANY, DID YOU
15
RELY ON IN COMING UP WITH THAT NUMBER?
16
SAME RESPONSE AS 7.
A
17
SAME QUESTION AS TO 9,
Q PARAGRAPH 9,
18 THAT
NUMBER THERE? WHAT DOCUMENTS, IF ANY,
19 DID YOU RELY
ON IN THE CREATION OF THAT NUMBER?
20
I BELIEVE THAT WAS AN ESTIMATE BASED ON
A
21
NUMBERS THAT WERE GIVEN TO MR.
22 GAGGERO FROM
GERALDINE REDMOND IN THE MEETING IN SEPTEMBER.
23
24 Q PARAGRAPH 10, THE NUMBER THERE, THE
25 5,341.50, WHAT DOCUMENTS, IF ANY, DID YOU RELY ON IN
237

COMING UP WITH THAT NUMBER?
1
9 NUMBER.
THAT WOULD BE THE SAME AS THE NO.
A
2
3 :14P
THAT IT'S AN ESTIMATE?
Q
3
4 A YES.
THAT'S NOT
OBJECTION.
5 MR. BEZEK: WELL,
MISCHARACTERIZES THE
WHAT HE TESTIFIED TO.
6
WITNESS'S TESTIMONY.
7
BY MR. JABLON:
8
9 PARAGRAPH 11
Q
DID YOU HAVE SOMETHING?
WAIT.
MR. BEZEK:
10
ONE OF
I WAS GOING TO SAY,
THE WITNESS:
11
THE THINGS I WAS TRYING TO FIGURE OUT WHICH ONE OF
12
I BELIEVE CAME
LINE ITEM 9,
THESE RGA THE ITEM
13
AS I SAID, IN SEPTEMBER,
FROM THAT AUDIT MEETING,
14
WHICH IS THE RGA FOR OCTOBER, WAS
AND THEN NO. 10,
15
AN ESTIMATE.
16
BY MR. JABLON:
17
WHAT ABOUT THE NOVEMBER RGA DISCUSSED IN
Q
18
PARAGRAPH 11?
19
A THE SAME. THAT'S AN ESTIMATE.
20
WHAT ABOUT PARAGRAPH 12,
Q THE DECEMBER RGA?
21
A THAT WOULD BE AN ESTIMATE ALSO.
3 :15P 22
DID YOU PREPARE THE ESTIMATES THAT YOU
Q
23
REFERENCE FOR PARAGRAPHS 10,
24 AND 12?
11,
25 MR. BEZEK: OBJECTION, AT LEAST TO THE WORD
238

1
JABLON:
BY MR.
2
DID YOU COME UP WITH THE ESTIMATE? DID
3 Q
YOU COME UP WITH A NUMBER FOR THE ESTIMATE FOR
4
AND 12?
5 PARAGRAPHS 10 , 11,
6 A NO.
WHO CAME UP WITH THAT NUMBER?
7 Q
GAGGERO.
THAT WOULD BE MR.
8 A
HE
IF ANY,
DO YOU KNOW WHAT DOCUMENTS,
9 Q
RELIED ON IN COMING UP WITH THAT NUMBER?
10
I KNOW IT WAS FROM
I'M NOT SURE.
NO,
A
11
NUMBERS FROM THAT MEETING.
12
"OTHER LEASE
YOU REFERENCE,
PARAGRAPH 14,
Q
13
CHARGES PURSUANT TO THE LEASE."
14
SIR?
DO YOU SEE WHERE I'M TALKING ABOUT,
15
PARAGRAPH 14? YES. OKAY.
A
16
WHAT DO YOU MEAN?
Q
17
BEZEK: THE QUESTION IS VAGUE AND
MR.
18
AMBIGUOUS.
19
JABLON:
BY MR.
20
AS TO "OTHER LEASE CHARGES PURSUANT TO THE
Q
21
LEASE"?
22
23 A THE CHARGES THAT WE WENT OVER EARLIER IN
24 THE DEPOSITION. THERE WAS A SECTION THAT WAS
25 - I DON'T REMEMBER EXACTLY,
LABELED BUT IT WAS
239
"PREPARE."

"OTHER LEASE CHARGES," AND THERE'S A LIST
1 LABELED,
THOSE ARE THE ITEMS.
OF AMOUNTS THERE.
2
WOULD ACCOUNTING FEES BE PART OF THAT
3 :16P 3 Q
NUMBER?
4
OBJECTION AS TO "ACCOUNTING
BEZEK:
5 MR.
VAGUE AND AMBIGUOUS.
6
I BELIEVE THE ACCOUNTING FEES
THE WITNESS:
7
WERE — OR THE OCEAN DESIGN FEES WERE IN THE OTHER
8
YES.
LEASE CHARGES SO,
9
BY MR. JABLON:
10
WHERE IT SAYS,
DO YOU SEE PARAGRAPH 17,
11 Q
"CONSEQUENTIAL DAMAGES"?
12
A YES.
13
WHAT IS YOUR UNDERSTANDING OF THE PHRASE,
Q
14
"CONSEQUENTIAL DAMAGES," AS IT IS USED IN PARAGRAPH
15
17?
16
I WOULDN'T KNOW HOW TO DEFINE THE
WELL,
A
17
"CONSEQUENTIAL DAMAGES" PORTION, BUT THERE MAY BE
18
I GUESS MY DEFINITION WOULD BE AS A RESULT OF THE
19
ACTIONS OF THE DEFENDANTS, THE PLAINTIFFS INCURRED A
20
COST OF $8,259 FOR LOST DEPOSIT.
21
Q THAT LOST DEPOSIT,. DOES THAT HAVE TO DO
22
3:18P
WITH THE TRIP THAT MR. GAGGERO AND MS.
23 O'BRIEN WERE
GOING TO TAKE?
24
YES,
25 A THAT'S MY UNDERSTANDING, YES.
240
FEES."

DO YOU HAVE ANY INFORMATION ABOUT THAT
1 Q
DO YOU HAVE ANY KNOWLEDGE ABOUT THAT TRIP?
TRIP?
2
ON CREDIT
JUST AS I EXPLAINED EARLIER,
A NO.
3
THERE ARE CERTAIN CHARGES,
CARD STATEMENT,
4
THAT WERE POINTED OUT TO ME AS
5 TRIP-RELATED CHARGES,
NOTHING.
OTHER THAN THAT,
6 MAKING UP THAT COST.
AT THE TIME YOU EXECUTED THIS DECLARATION,
7 Q
DID YOU BELIEVE EVERYTHING CONTAINED THEREIN TO BE
8
TRUE?
9
10 YES.
A
DO YOU HAVE ANY
AS YOU SIT HERE TODAY,
11 Q
OPINION AS TO WHETHER OR NOT ANY OF THE STATEMENTS
12
RAISED IN EXHIBIT 32 ARE NO LONGER TRUE?
13
BEZEK: OBJECTION. ARGUMENTATIVE.
MR.
3 : 19P 14
VAGUE AND AMBIGUOUS. OVERLY BROAD, BURDENSOME,
15
AND COMPOUND.
OPPRESSIVE,
16
THE WITNESS: SINCE THIS TIME,
17 THERE HAS
BEEN THE RGA AND MAYBE A COUPLE OF OTHER ITEMS
18 I
DON'T REMEMBER EXACTLY HAVE BEEN ADJUSTED.
19 SO
THE RGA AMOUNTS ARE GOING TO BE DIFFERENT.
20
BY MR. JABLON:
21
BETWEEN APRIL 16,
Q
22 2003 , WHEN THIS DOCUMENT
WAS EXECUTED, AND TODAY,
23 DID YOU RECEIVE ANY
24 ADDITIONAL DOCUMENTS FROM THE DEFENDANTS WHICH YOU
25 USED TO ADJUST WHICH YOU USED IN WHOLE OR IN PART
241

TO ADJUST THE RGA FIGURE?
1
I DON'T REMEMBER THE EXACT TIMEFRAME, BUT
2 A
I THINK IT WAS A THREE-PAGE REPORT
3 THERE IS A
THAT WE LOOKED AT EARLIER FROM JOHN REDMOND THAT HAD
4
AND BECAUSE THERE WAS ONLY A
5 HIS RGA CALCULATIONS,
DOLLARS DIFFERENCE
6 FEW HUNDRED, IF I REMEMBER RIGHT,
WE DECIDED TO GO AHEAD AND USE
7 BETWEEN HIS AND OURS,
FOR SIMPLIFICATION PURPOSES.
8 HIS BECAUSE
DID YOU PROVIDE THE INFORMATION CONTAINED
3 : 20P 9 Q
WHICH IS EXHIBIT 32, TO
10 IN YOUR DECLARATION,
CHATFIELD FOR THE PURPOSES OF INCLUDING IT IN
MR.
11
THE DECLARATION?
12
I BELIEVE HE ASKED
13 A
ATTORNEY-CLIENT PRIVILEGE.
MR. BEZEK:
14
ONLY IDENTIFY WHAT HE ASKED YOU OR WHAT YOU
15
TOLD HIM. I THINK THE QUESTION IS DID YOU ASSIST
16
HIM FOR THE PURPOSE OF CREATING THE DECLARATION?
17 I
THINK THAT WAS REALLY THE QUESTION.
18
THE WITNESS: YES, I ASSISTED HIM.
19
BY MR. JABLON:
20
Q DID YOU PERSONALLY PERFORM ALL THE
21
CALCULATIONS NECESSARY TO DETERMINE THE RGA DUE
22
UNDER THE LEASE FROM JUNE THROUGH DECEMBER 2002?
23
24
3:21P MR. BEZEK: COMPOUND. ALSO CALLS FOR
25 CONJECTURE AND SPECULATION. IT'S ALSO VAGUE AS TO
242

TIME.
1
COULD YOU REPEAT THE QUESTION
THE WITNESS:
2
PLEASE.
FOR ME,
3
JABLON:
4 BY MR.
LET ME BREAK IT DOWN.
5 Q
PRIOR TO THE EXECUTION OF THIS
PARAGRAPH 6,
6
DID YOU PERFORM THE CALCULATIONS
7 DECLARATION,
NECESSARY TO DETERMINE THAT THE DEFENDANTS OWE
8
PLAINTIFF $2,763.11 FOR UNPAID RGA OWED FOR JUNE
9
2002?
10
BEZEK:
11 MR.
IT'S ALSO VAGUE AND AMBIGUOUS AS TO
AMBIGUOUS.
12
IT ALSO CALLS FOR CONJECTURE AND SPECULATION.
TIME.
13
I DON'T REMEMBER EXACTLY ON
THE WITNESS:
14
THAT.
15
BY MR. JABLON;
16
3 : 22P
DID YOU EVER HAVE ANY CONVERSATIONS WITH
Q
17
GAGGERO ABOUT THE CALCULATION OF RGA UNDER THE
MR.
18
LEASE?
19
BEZEK: I'M GOING TO OBJECT TO THE
MR.
20
QUESTION TO THE EXTENT THAT IT VIOLATES THE
21
ATTORNEY-CLIENT PRIVILEGE.
22
ANY CONVERSATIONS THAT YOU HAD WITH
23
24 MR. GAGGERO WITHOUT LAWYERS PRESENT OR WHERE HE
25 DIDN'T CONVEY TO YOU WHAT LAWYERS SAID, PLEASE
243

ANSWER THE QUESTION.
1
PLEASE.
COULD YOU REPEAT IT,
THE WITNESS:
2
MADAM REPORTER?
JABLON:
MR.
3
(RECORD READ AS FOLLOWS:
4
DID YOU EVER HAVE ANY
"Q
5
GAGGERO ABOUT
CONVERSATIONS WITH MR.
6
THE CALCULATION OF RGA UNDER THE
7
LEASE?")
8
SAME OBJECTION.
BEZEK:
MR.
9
YES.
THE WITNESS:
10
JABLON:
BY MR.
11
HOW MANY CONVERSATIONS ARE WE TALKING
Q
12
ABOUT?
13
THAT I COULDN'T EVEN GUESS AT.
A
14
WHEN WAS THE FIRST TIME YOU HAD A
Q
■ 15
GAGGERO ABOUT RGA CALCULATION?
CONVERSATION WITH MR.
16
I DON'T REMEMBER THAT.
A
17
DO YOU REMEMBER THE SUBSTANCE OF THE
Q
18
3 : 23P
CONVERSATION?
19
A NO.
20
DO YOU REMEMBER THE SUBSTANCE OF ANY OF THE
Q
21
CONVERSATIONS YOU HAD WITH MR.
22 GAGGERO ABOUT THE
CALCULATION OF RGA UNDER THE LEASE?
23
I DON'T REMEMBER THE CONVERSATIONS.
A NO,
24 I
25 MEAN, I DON'T REMEMBER THE DETAILS OF CONVERSATIONS,
244

NO.
1
GAGGERO EVER TELL YOU HOW TO
DID MR.
Q
2
CALCULATE RGA UNDER THE LEASE?
3
OBJECTION TO THE EXTENT THAT
BEZEK:
MR.
4
OCCURRED IN THE
IF IT OCCURRED,
CONVERSATION,
5
PRESENCE OF LAWYERS OR CONVEYED TO YOU WHAT WAS TOLD
6
THAT WOULD BE ATTORNEY-CLIENT
7 BY YOUR LAWYERS.
8 PRIVILEGE.
PLEASE ANSWER THE
IF IT'S OUTSIDE THAT,
9
QUESTION.
10
I WOULDN'T HAVE TO HAVE
WELL,
THE WITNESS:
11
A CONVERSATION ON HOW TO BECAUSE I JUST DID IT BASED
12
ON WHAT THE LEASE SAID TO.
13
JABLON: MOVE TO STRIKE AS
MR.
14
NONRESPONSIVE.
. 15
GAGGERO EVER TELL YOU HOW TO
DID MR.
Q
16
CALCULATE RGA UNDER THE LEASE?
17
BEZEK:
MR. SAME OBJECTION WITH REGARDS TO
18
THE ATTORNEY-CLIENT PRIVILEGE.
19
THE WITNESS: I DON'T REMEMBER.
20
3 : 24P
BY MR. JABLON:
21
Q DID MR. GAGGERO EVER HAVE ANY CONVERSATIONS
22
WITH YOU ABOUT GERALDINE REDMOND?
23
24 MR. BEZEK: THE QUESTION IS OVERLY BROAD.
25 THE WITNESS: I'M SURE HE MUST HAVE.
245

Declaration of Mark Maraveias
1
I, Mark Maraveias, declare as follows:
2
1. I am the vice-president of finance of Pacific Coast Management, the management
3
company for plaintiff, Sulphur Mountain Land and Livestock Co., LLC.
4
2. As part of my regular responsibilities I keep the books and records for plaintiff. Sulphur
5
6 Mountain Land and Livestock Co., LLC., and I collect the rents and other receivables owed
to plaintiff and record them immediately at the time of payment in the company s books
7
8 and records. I personally keep track of the payments received and other amounts due
9 from defendant Somerset Farms.
3. I have personal knowledge of the facts contained herein and if called as a witness I
10
11 would competently so testify.
4. The lease between the plaintiff and defendants requires the defendants to pay a
12
percentage of the income derived from the Equestrian Facility to plaintiff. To calculate that
13
percentage defendant must maintain and provide plaintiff with detailed income and
14
expense reports, deposit receipts, check registers (and other special financial information
15
as requested from time to time by plaintiff), on a monthly basis, showing in detail, among
16
17
18
generating activities (“RGA”) in addition to the monthly minimum rent payment each month.
19
(A copy of the lease is attached to the complaint in this matter as Exhibit “A”)
20
5. During discovery in this case, defendants provided financial information which differed
21
from the information formerly provided to the plaintiff which was used to calculate the
22
percentage rent owed by the defendants. In addition, some of the financial information had
23
not been previously provided by the defendants to the plaintiff at all. As a result, because
24
of defendants' deception, the calculation of the RGA was much lower than the actual RGA
25
owed by defendants to plaintiff. Now that defendants have provided their financial
26
27
28
other things, all income and expenses for the operation of the defendants’ business.
Defendants have an obligation to pay 90% of the all of the net income from the revenue
information during discovery, plaintiff can now calculate the percentage rent owed by the
defendants under the lease using the financial information provided to the plaintiff.
i
I
I
EXHIBIT

5. Defendants owe plaintiff 52,763.11 for unpaid RGA oweu ror June 2002
1
7. Defendants owe plaintiff 54,323.40 for unpaid RGA owed for July 2002.
2
8. Defendants owe plaintiff 54,798.80 for unpaid RGA owed for August 2002.
3
9. Defendants owe plaintiff 55,341.50 for unpaid RGA owed for September 2002.
4
10. Defendants owe plaintiff $5,341.50 for unpaid RGA owed for Octover 2002. In
5
addition, Defendants owe plaintiff $7,500 for unpaid minimum rent owed for October 2002.
6
11. On November 1,2002, the Monthly Minimum Rent became due in the amount of
7
$8,000. A credit for $3,606.90 was issued for the amount over the $100,000 threshold in
8
the lease. In addition, The November RGA became due in the amount of $2,967.50. The
9
total amount owed by the defendants for November 2002 is $7,360.60.
10
12. On December 1,2002, the Monthly Minimum Rent was not due because the
11
defendants had passed the $100,000 threshold in the lease in November. Pursuant to the
12
lease, the defendants owed 50% of the December RGA for the December rent. The
13
amount owed by defendants for their December rent is $2,967.50.
14
13. Based upon defendants' breach of the lease, under paragraph 25 (b) of the lease, the
15
minimum amount which defendants owe pursuant to the lease agreement is S40,396.41 for
16
the percentage and minimum rent.
17
14. Defendants also owe plaintiff for other lease charges pursuant to the lease in the
18
amount of $7,833.12.
19
15. Defendants also owe plaintiff for improvements and utilities pursuant to the lease in the
20
amount of $15,326.82.
21
16. Defendants also owe plaintiff for repairs and maintenance pursuant to the lease in the
22
amount of $29,893.43.
23
17. Defendants also owe plaintiff for consequential damages in the amount of $8,259.76,
24
which represent lost deposits caused by defendants’ breach of the lease.
25
18. Based upon defendants' breach of the lease, under the provisions of the lease, the
26
minimum amount which defendants owe pursuant to the lease agreement is $101,709.54.
27
e
19. I have attached a summary of the payments owed by the defendants for Rent, RGA
28

and Other Lease Charges as exnioit "A''.
1
20. I have attached a summary of the entire amount currently owed by the defendants to
2
plaintiff under the lease, including attorneys fees through March 14, 2003 as exhibit “B",
3
21. The total amount due under the lease by the defendants, not including costs and
4
attorneys fees, is currently 5109,709.54.
5
I declare under penalty of perjury that the above is true and correct and if called as a
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
*
25
26
27
9
28
3
witness I could and would competently so testify.
Dated this 16'h day of April, 2003, in Ventura./Califprnia /
Mark Maravelas

Pent & PGA
24,896.41
S
Sub-Total RGA
15,500.00
S
Sub-Total minimum rent
Other Lease Charges
7,833.12
S
S 48,229.53
s
Page 1 of 1 3/14/2003
S-'^'^ary Rent RGA
Somerset costs 0303l4.xls
Octooer minimum rent
November mirimm rent
J> ■
SOMERSET FARMS
i O'HEA LEASE charges
As ?*’ Ma'cn • 4 2GG3
7.500.00
8.000 00
Propane Refrigerator Replacement______
Equesman Center Diesel (3C0 qai 3 i 2£.'gan
Shavings >200 bales © S7 / bale!_______
5% Late Fee on October Minimum Rent
53c Late Fee on Novemoer Minimum Rent
Balance due on 5/8-8/15 electrical______
8/15-10-31 electrical_________________
Accounting Fees (61.75 hrs © S50/hr)
Sub-Total Other Lease Charges
2.058 80
373.00
1,400,00
375.00
4Q0.0Q
58.36
65.46
3.087.50
3aiarce J Jure RGA______________
July^RGA________________________
A-Cust oGA ___________________
September RGA__________________
CctODer RGA____________________
Novemoer RGA__________________
Nov Crecit for 50% of Amt over S100K
December RGA
2~63 11
4 323 40
4 793 30
5.341 50
5.341 50
2 967 50
(3.606.90)
2.967 50

Rent / RGA & Other Lease Charges S 48,229.53
Improvements S 15,326.82
Repairs & Maintenance S 29.893.43
Canceled Trip Costs S 8.259.76
TOTAL DAMAGES S 192,390.28
Somerset costs 030314.xls 3/14/2003
1-7
Legal
Less Security Deposit
$ 106,680.74
S (16,000.00)
7
SOMERSET FARMS
Damages Summary
As of March 14. 2003

1
2
3
)
4
)
LLC,
5 LIVESTOCK CO.,
)
Plaintiff,
6
) Case No.
7 vs.
) CIV 214702
8
)
9
) Volume 3
etc., et al.,
FARMS LLC,
10
) Pages 427 - 462
Defendants.
11
)
12
13
14
15
16 DEPOSITION OF:
STEPHEN GAGGERO
17
TUESDAY, DECEMBER 9, 2003
18
11:20 A.M.
19
20
21
22
REPORTED BY:
23
ALICE SIBIGTROTH
24
CSR NO. 3096,
25 RMR
427
LegaLInk Los Angeles
16830 Ventura Blvd. Suite 315
Encino, CA 91436
CERTIFIED
COPY
£□ LEGALINK3
WORD

the witness,
Deposition of STEPHEN GAGGERO,
1
2
11:20 a.m., at 10390 Santa Monica
3
Boulevard, Fourth Floor, Los Angeles, California,
4
RMR.
before Alice Sibigtroth,
5
6
APPEARANCES OF COUNSEL:
7
8
FOR PLAINTIFF AND THE WITNESS:
9
LAW OFFICES OF DAVID BLAKE CHATFIELD
10
DAVID BLAKE CHATFIELD, ESQ.
BY:
11
425 Zeno Way
12
Oak Park, California 91377
13
(818) 879-1289
14
15
FOR DEFENDANTS:
16
RESCH POLSTER ALPERT & BERGER LLP
17
BY: ANDREW V. JABLON, ESQ.
18
10390 Santa Monica Boulevard
19
Fourth Floor
20
Los Angeles, California 90025-5058
21
(310) 277-8300
22
23
24
25
428
800-826-0277 www.legalink.com
LegaLink - Los Angeles
818-986-5270 Fax 818-783-7310
CSR No. 3096,
December 9, 2003,
taken on behalf of the Defendants, on Tuesday,

1
come through on the transcript.
2
Is there any reason that we cannot continue
3
today?
4
Not that I am aware of.
5 No.
A.
And there is no reason why you cannot give your
6 Q.
full and truthful testimony today?
7
None that I am aware of.
8 A.
Very good.
9 Q.
The property that is the subject of the lease
10
that's at issue in the complaint filed by Sulphur
11
Mountain Land and Livestock Company versus the Redmonds
12
and Somerset Farms, does Sulphur Mountain own any
13
portion of that property?
14
I answered that question in my prior deposition
15 A.
several times.
16
You deceived the court and -- in your motion by
17
indicating that I did not answer that question.
18 Because
of the court's order I will answer it again here today.
19
I will also point you to my deposition
20
page 144, lines 16 through 23, which answered that
21
And I also answered on page 78,
question. lines 9
22
through 23.
23
And having said that, the property is owned by
24
the Giganin Trust and by Sulphur Mountain Land and
25
432
www.legalink.com
800-826-0277
818-986-5270 Fax 818-783-7310
or a shake of the head because it won't
or "unh-unhs"

Livestock Company.
1
Can I see the document, please, that you are
Q.
2
referring to?
3
That1s notes that I have
No.
CHATFIELD:
MR.
4
given the client as to which questions the judge has
5
It is attorney-client privilege
ordered him to answer.
6
and work product.
7
He just is using it now to refer
MR. JABLON:
8
And as such, any
to in responding to questions.
9
privilege has been waived, and it needs to be produced.
10
And I would again ask that you provide it to me
11
at this time.
12
No.
CHATFIELD:
13 MR.
I ask that the
Okay. Then, No. 1,
14
document be retained and not destroyed in any fashion so
15
that if we have to bring a further Motion to Compel the
16
production of it, that it still exists.
17
I would ask that you instruct the
And, No. 2,
18
witness to put away any documents he is using to refresh
19
his recollection if you are refusing to produce -- to
20
provide them to me.
21
Well, No. I am not going to
MR. CHATFIELD: 1,
22
I will retain it.
destroy the document.
23
24
the witness nor instruct him not to use it, because it
25
433
www.legalink.com
800-826-0277
818-986-5270 Fax 818-783-7310
MR. JABLON:
No. 2, I will not take the document away from

Instruct the witness not to answer.
court order.
1
2 BY MR. JABLON:
Who are they paying rent to?
3 Q.
It's outside the
Objection.
MR. CHATFIELD:
4
court order and instruct the witness not to answer.
5
6 BY MR. JABLON:
7 Q.
December of 2001?
8
I am going to just interrupt here for a moment.
9 A.
There is
We started this deposition at 11:20.
10
11 on
You have overlitigated this case. Your
12 attorneys.
client is apparently -- one of your three clients has
13
You have threatened that the other two
gone bankrupt.
14
It is my understanding that you
are going bankrupt.
15
have a large accounts receivable where you are not even
16
collecting from your clients.
17
It really is pointless to ask questions that
18
were not specifically ordered by the judge and for me to
19
answer because you are wasting all of our time.
20
If you will be so kind as to just ask the
21
questions pursuant to the order, I will give you the
22
Otherwise, we are going to have to leave
23 answers.
because you are wasting everybody's money and time.
24
Okay?
25
439
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800-826-0277
818-986-5270 Fax 818-783-7310
Were they paying rent in October, November, or
a great deal of money being spent by both sides

Move to strike as nonresponsive.
1
Will you please -- Madam Reporter, will you
2
please read back the question.
3
(The record was read as follows:
4
Were they paying rent in October,
5 "Q.
6
That's a different question
7
than the question that you asked that the judge ordered
8
the witness to answer.
9
Could you just read the question.
10
I am entitled to take the
Counsel,
MR. JABLON:
11
I am entitled to ask
deposition that I want to take.
12
reasonable follow-up questions, as any first-year lawyer
13
I am sure a lawyer with your experience
would know.
14
would know that is entirely proper in the course of a
15
deposition where an Order to Compel has been issued that
16
reasonable follow-up questions I am entitled to ask.
17
If you are going to instruct your client not to
18
19
I have instructed the witness
20
not to answer that question.
21
Fine.
MR. JABLON:
22
To your knowledge, sir, are the tenants that
Q-
23
are still at the facility paying more rent than they
24
paid to the defendants?
25
440
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800-826-0277
818-986-5270 Fax 818-783-7310
MR. JABLON:
MR. CHATFIELD:
MR. CHATFIELD:
November, or December of 2001?'')
answer, just do so, and we can move on.

CIV214702 Sulphur Mountain/Gaggero v Redmonds Relevant Case Record 1

CIV214702 Sulphur Mountain/Gaggero v Redmonds Relevant Case Record 1

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