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R. Leonard, C.S.R., Inc. <br />Certified Shorthand Reporters <br />818.995.2449 <br />SHEET 20 PAGE 77 <br />09:15:13 1 THE WITNESS: I HONESTLY DON'T KNOW. I DON'T KNOW <br />2 IF IT'S ME PERSONALLY OR IF IT'S A COMPANY. <br />09:45:13 3 Q BY MR. RUBINER: OKAY. <br />09:15:13 4 AND DO YOU HAVE, DO YOU PERSONALLY HAVE ANY <br />5 DUTIES AND RESPONSIBILITIES FOR VDC AT THE MET? <br />09:15:13 6 A YES. <br />09:45:13 7 Q WHAT ARE THEY? <br />09:45:13 8 A IT WAS TO ACQUIRE -- STRIKE THAT. <br />09:45:13 9 IT WAS TO -- INITIALLY, I PLACED THE PROPERTY <br />10 UNDER CONTRACT, I PUT A S200,000 DEPOSIT DOWN. I THEN <br />11 SPENT THE NEXT SEVERAL MONTHS WITH PRELIMINARY <br />12 ENTITLEMENT WORK, AN APPLICATION TO THE CITY, HIRING OF <br />13 ANY AND ALL CONSULTANTS, THIRD -PARTY CONSULTANTS, <br />14 CAPITALIZING THE DEAL TO ACQUIRE THE SITE, 140VING THE <br />'.. 15 SITE THROUGH THE DISCRETIONARY PROCESS WITH THE CITY OF <br />16 SANTA ANA. <br />09:15:13 17 MR. DISKO: COUNSEL, IT IS 12:29 AND A HALF. <br />09:45:13 18 MR. RUBINER: OKAY. <br />09:45:13 19 LET ME JUST ASK A FEW MORE QUESTIONS. <br />09:45:13 20 Q ANYTHING ELSE? <br />D9:45:13 21 A YES, <br />09:45:13 22 Q WHAT ELSE? <br />09:15:13 23 A IT WAS MOVING THE ENTITY THROUGH CITY COUNCIL <br />24 AND EVENTUALLY A LIQUIDATION EVENT. <br />09:45:13 25 Q DO YOU HAVE ANY OTHER DUTIES AND <br />77 <br />_ PAGE 78 <br />1 <br />45:13 2 <br />3 <br />45:13 4 <br />45:13 5 <br />45:13 6 <br />7 <br />4 5: 13 <br />45;13 <br />45:13 <br />8 <br />9 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />RESPONSIBILITIES FOR VDC AT THE MET LLC? <br />MR. BISNO: OBJECTION.. VAGUE AND AMBIGUOUS. <br />OBJECTION. VAGUE AS TO TIME. <br />THE WITNESS: YES. <br />Q BY MR. RUBINER: AND WHAT ARE THEY? <br />A THE SITE WAS CONDITIONED THAT RYAN OGULNICK <br />PERSONALLY AND MY COMPANY MUST DEVELOP THE SITE AS <br />VESTED AND DETERMINED IN THE DEVELOPMENT AGREEMENT. SO <br />THERE, THE ONLY PATH TO PROCEED IS THROUGH A DEVELOPMENT <br />OF THE ENTITLEMENTS VESTED THROUGH THE CITY OF <br />SANTA ANA. <br />MR. BISNO: COUNCIL, I WILL NOW WANT TO TAKE A <br />BREAK. IT'S 12:31 AND I HAD SET UP A 12:30 CONFERENCE <br />CALL BASED ON OUR EARLIER UNDERSTANDING WE WERE GOING TO <br />BREAK AT 12:30. <br />MR, RUBINER: THAT'S FINE, <br />CAN WE STARS AGAIN AT 1:15? <br />MR. BISNO: THAT'S FINE. <br />THE VIDEOGRAPHER: WE'RE OFF THE RECORD 12:30 P.M. <br />(LONCH RECESS). <br />THE VIDEOGRAPHER: WE'RE ON THE RECORD 1:23 P.M. <br />MR. RUBINER: LET'S GO BACK ON THE RECORD. WE ARE <br />ON THE RECORD. <br />Q YOU UNDERSTAND YOU'RE STILL UNDER OATH? <br />A YES. <br />PAGE 79 <br />09:45:13 1 Q DO YOU KNOW STEVE GILFENBAIN? <br />09:45:13 2 A YES, <br />09:45:13 3 Q WHEN DID YOU FIRST MEET STEVE GILFENBAIN? <br />09:45:13 4 MR, BISNO: OBJECTION. RELEVANCE. <br />09:45:13 5 THE WITNESS: 1999, <br />09:45:13 6 Q BY MR. RUBINER: WHAT WERE THE CIRCUMSTANCES? <br />09:45:13 7 MR. BISNO: OBJECTION. RELEVANCE. <br />09:45:13 8 THE WITNESS: HE WAS LOOKING AT INVESTING IN A DEAL <br />9 OR TWO THAT I WAS THE LEAD DEVELOPER ON. <br />09:45:13 10 Q BY MR. RUBINER: WHERE WERE YOU WORKING WHEN <br />11 YOU MET MR. GILFENBAIN? <br />09:45:13 12 MR. BISNO: OBJECTION. RELEVANCE. <br />09:15:13 13 THE WITNESS: I THINK, IN THE INCEPTION IT WAS !*M <br />14 INVESTMENTS. <br />09:45:13 15 Q BY MR, RUBINER: DO YOU RECALL EVER HAVING A <br />15 CONVERSATION WITH MR. GILFENBAIN WHERE YOU DISCUSSED <br />17 YOUR EDUCATION? <br />09:45:13 16 MR. BISNO: OBJECTION. VAGUE AS TO TIME. <br />19 OBJECTION. RELEVANCE. <br />09:45:13 20 THE WITNESS: NO. <br />09:45:13 21 Q BY M.R. RUBINER: DO YOU RECALL EVER TELLING <br />22 MR. GILFENBAIN ABOUT ANY REAL ESTATE PROJECTS YOU HAD <br />23 WORKED ON? <br />09:45:13 24 MR. BISNO: OBJECTION. VAGUE AS TO TIME. <br />25 OBJECTION. RELEVANCE, <br />79 <br />PAGE 80 <br />09:45:13 1 THE WITNESS: MO. <br />09:45:13 2 Q BY MR. RUBINER: DID YOU EVER GO INTO BUSINESS <br />3 WITH MR. GILFENBAIN? <br />09:45:13 4 MR. BISNO: OBJECTION, RELEVANCE. <br />09:45:13 5 THE WITNESS: YES. <br />09:45:13 6 Q BY MR. RUBINER: WHEN WAS THAT? <br />09:45:13 7 MR. BISNO: OBJECTION. RELEVANCE, <br />09:45:13 8 THE WITNESS: 2003, <br />09:45:13 9 Q BY MR. RUBINER: WAS THAT IN A REAL ESTATE <br />10 PROJECT? <br />09:45:13 11 A YES. <br />09:45:13 12 MR. BISNO: OBJECTION. RELEVANCE. <br />09:45:13 13 Q BY MR, RUBINER: WHAT REAL ESTATE PROJECT 'WAS <br />14 THAT? <br />09:45:13 15 MR. BISNO: OBJECTION. RELEVANCE. <br />09:15:13 16 THE WITNESS: IT WAS A -- TO ENTITLE A DEVELOPMENT <br />17 SITE IN LOS ANGELES. <br />09:45:13 18 Q BY MR. RUBINER: DO YOU RECALL THE NAPE OF <br />19 THE -- WHERE THE SITE WAS? <br />09:45:13 20 MR. BISNO: OBJECTION. RELEVANCE. <br />09:45:13 21 COUNSEL, YOU'RE ASKING ABOUT A 2003 <br />22 TRANSACTION? <br />39:45:13 23 MR. RUBIKER: YES. I'M ASKING ABOUT HIS WORK WITH <br />24 MR. GILFENBAIN WHO HE LATER WENT INTO PARTNERSHIP WITH <br />25 AT PALM DESERT, AT LEAST I UNDERSTAND, AND WHO HE, IN <br />BO <br />Dalesandro vs. Ogulnick <br />Deposition of Ryan Andrew Oguhuck, Vol. 1 <br />August 13, 2012 <br />