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SHEET I 13 2 4 5: 13 4 S 6 45:13 7 15 13 8 45:13 9 10 11 45:13 12 45t13 13 14 45:13 15 45:13 17 4 5: 13 18 19 20 21 45:13 22 45:13 23 45:13 24 45:13 25 R. Leonard, C.S.R., Inc. Certified Shorthand Reporters 818.995.2449 21 PAGE 81 - PAGE 83 - ADDITION TO MAKING VARIOUS MISREPRESENTATIONS TO MY CLIENTS AND PERHAPS OTHERS, HE ALSO MADE MISREPRESENTATIONS TO MR. GILFENBAIN. IT'S CLEARLY REASONABLY CALCULATED TO LEAD TO THE DISCOVERY OF ADMISSI31E EVIDENCE CONCERNING ISSUES IN THIS CASE OR YOUR CLIENT'S CREDIBILITY OR MR. GILFENBAIN'S CREDIBILITY, MR. BISNO: OBJECTION. RELEVANCE. TO MAKE SURE THE RECORD FAIRLY REFLECTS, YOU'RE ASKING ABOUT A 2003 TRANSACTION BASED ON MY CLIENT'S PREVIOUS TESTIMONY. YOU MAY ANSWER. THE WITNESS: I BELIEVE IT WAS A SITE IN THE HOLLYWOOD VICINITY. Q BY MR. RUBINER: DID YOU, IN FACT, DEVELOP A SITE IN THE HOLLYWOOD VICINITY WITH MR. GILFENBAIN? MR. BISNO: OBJECTION. RELEVANCE. COUNSEL, YOU'RE ASKING ABOUT A 2003 TRANSACTION IN NOT A WAY WHICH WOULD HAVE ANYTHING TO ➢O WITH A REPRESENTATION AS YOU PREVIOUSLY LAID OUT THAT MY CLIENT MAY OR MY NOT HAVE MADE. 45:13 45:13 45:13 4 5: 13 45:13 45:13 :45:13 Q BY MR. RUBINER: YOU CAN ANSWER THE QUESTION. I I09:45:13 A I BOUGHT MR. GILFENBAIN OUT OF THE PROJECT. 09:45:13 Q WHAT WAS THE PROJECT? 09:45:13 MR. BISNO: OBJECTION. RELEVANCE. 1 MEMBER OR A COMPANY OF YOURS WAS A MEMBER? 2 A INITIALLY IT WAS ME. 3 Q AND SUBSEQUENT DID THAT CHANGE? 4 A YES. 5 Q WHAT DID IT CHANGE TO? 6 A IT WAS ASSIGNED TO VINEYARDS DEVELOPMENT, INC. 7 Q AND VINEYARDS DEVELOPMENT, INC., WAS THE 8 COMPANY YOU DISCUSSED THIS MORNING? 9 A CORRECT. 10 Q AND I BELIEVE, AM I CORRECT THAT VINEYARDS 11 DEVELOPMENT, INC., AND VINEYARDS DEVELOPMENT CORPORATION 12 ARE THE SAME COMPANY? IS THAT CORRECT? 13 MR, BISNO: OBJECTION. ASKED AND ANSWERED. 14 YOU MAY ANSWER. 15 THE WITNESS: YES. 16 Q BY MR. RUBINER: WHAT OWNERSHIP INTEREST IN 17 SINATRA COOK ➢ID YOU HAVE? 18 MR. BISNO: OBJECTION, RIGHT OF PRIVACY INSOFAR AS 19 IT RELATES TO YOU PERSONALLY. IF IT RELATES TO AN 20 ENTITY, IF THE QUESTION WERE REPHRASED, I WOULDN'T HAVE 21 AN OBJECTION. 22 Q BY MR. RUBINER: YOU CAN ANSWER THE QUESTION. 23 MR. BISNO: YOU CAN ANSWER THE QUESTION. 24 THE WITNESS: FROM THE INCEPTION I HAD 25 PERCENT, 25 FORDP.R HAD 25 PERCENT, STEVE GILFENBAIN HAD 50 PERCENT, PAGE 82 PAGE 84 09:45:13 1 THE WITNESS: IT WAS A SINGLE-FAMILY HOME PROJECT 1 EACH ONE OF US HAD ONE-THIRD VOTING RIGHTS. TWO-THIRDS, 2 AND AFTER ENTITLEMENTS I BOUGHT HIM OUT, 2 OF COURSE, WAS REQUIRED ON ANY AND ALL DECISIONS. 09:45:13 3 Q BY MR. ROBINER: DID YOU ENTER INTO ANY OTHER 3 Q BY MR. RUBINER: DID YOU HAVE DUTIES AND 4 BUSINESS TRANSACTIONS WITH MR. GILFENBAIN? 4 RESPONSIBILITIES AS IT RELATES TO SINATRA COOK? D9:45:13 S MR. BISNO: OBJECTION. VAGUE AS TO TIME. 09:45:13 5 A YEAH, 6 OBJECTION. RELEVANCE, 09:45:13 6 Q WHAT WERE THEY? 09:15:13 7 THE WITNESS: WE ACQUIRED A SITE IN THE COUNTY OF 09:45:13 7 MR, BISNO: OBJECTION, THE DOCUMENT DESCRIBING THE 8 RIVERSIDE IN THE CITY OF PALM DESERT IN 2005, 20.1 GROSS 8 DUTIES SPEAKS FOR ITSELF AS THE BEST EVIDENCE, MY 9 ACRES, 19.6 NEI ACRES, TO BUILD 250 APARTMENTS AND A 9 CLIENT IS NOT AN ATTORNEY AND TO ASK HIM A QUESTION AS 10 40,000-SQUARE FOOT SHOPPING CENTER. 10 TO HIS DUTIES REQUIRES HE GIVE YOU HIS OPINION WHICH 09:45:13 11 Q BY MR. RUBINER: WHEN YOU SAY "WE," WHO IS THE 11 IMPLICATES LEGAL TRAINING, AND TO THE EXTENT THAT YOU 12 WE YOU'RE REFERRING TO? 12 CAN NOT ANSWER THAT QUESTION WITHOUT RELAYING 09:15:13 13 A STEVE AND MYSELF. 13 INFORMATION YOU'VE RECEIVED FROM YOUR COUNSEL T DIRECT 09:15:13 14 Q AND DID YOU INVEST IN A -- WAS IT A COMPANY 14 YOU NOT TO ANSWER IT. 15 THAT PURCHASED THE PROPERTY? 09:45:13 15 Q BY MR, RUBINER: YOU CAN ANSWER THE QUESTION. 09:45:13 16 A YES. 09:45:13 16 A I -- I DON'T KNOW THE ANSWER TO THE QUESTION. 09:45:13 17 Q WHAT WAS THE NAME OF THE PROPERTY? 09:45:13 17 Q DID YOU HAVE AN UNDERSTANDING AS TO WHAT YOU D9:45:13 18 A SINATRA COOK PROJECT LLC, 09:15:13 18 WERE SUPPOSED TO DO FOR SINATRA COON? 09:45:13 19 Q WERE YOU A MEMBER OF SINATRA COOK LLC? 09:45:13 19 A I THINK THE DOCUMENTS SPOKE FOR THEMSELVES. 09:15:13 20 A YES. 20 OTHER THAN A PARTNERSHIP AGREEMENT THERE WAS A 09:45:13 21 Q WHO WERE THE OTHER MEMBERS? 21 DEVELOPMENT SERVICES FEE AGREEMENT SIGNED BY THE 09:45:13 22 A FORDAR LLC AND RANCHO MIRAGE TRUST. IT WAS 22 PARTNERSHIP TO ME OR MY COMPANY -- I DON'T RECALL -- 23 STEVE GILFENBAIN'S TRUST. 23 WHICH OUTLINED WHAT I WAS SUPPOSED TO DO. 09:15:13 24 Q AND WHAT WERE YOUR DUTIES -- WERE YOU THE, WHEN 09:45:13 24 Q SO YOU HAVE NO UNDERSTANDING AS YOU SIT HERE 25 YOU SAY YOU WERE A MEMBER, WAS IT YOU PERSONALLY WAS A 25 NOW AS TO WHAT YOUR DUTIES AND RESPONSIBILITIES WERE AT 821 84 Dalesandro vs. Ogulnick Deposition of Ryan Andrew Ogulnick, Vol. 1 August 13, 2012