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R. Leonard, C.S.R., Inc. Certified Shorthand Reporters 818.995.2449 - SHEET 22 PAGE 85 PAGE 87 1 SINATRA COOK; IS THAT RIGHT? 09:45:13 1 THE WITNESS: NO. :45:13 2 MR. BISND: OBJECTION TO THE EXTENT THAT ANSWERING 09:45:13 2 Q BY MR, RUBINER: DID YOU INVEST 25 PERCENT OF 3 THIS QUESTION WOULD DISCLOSE INFORMATION YOU RECEIVED 3 THE FUNDS NECESSARY TO CREATE SINATRA COOK? 4 FROM YOUR COUNSEL OR ANY ONE OF YOUR COUNSEL. TO THE 09:45:13 4 MR. BISND: OBJECTION, PRIVACY. 5 EXTENT YOU CANNOT ANSWER THIS QUESTION WITHOUT 09:45:13 5 THE WITNESS: I DON'T RECALL THE SPECIFIC MATH BUT 6 DISCLOSING INFORMATION YOU HAVE RECEIVED FROM YOUR 09:45:13 6 110, I WOULD SAY THAT'S NOT ACCURATE. 7 COUNSEL, I DIRECT YOU NOT TO ANSWER IT. 09:45:13 7 Q BY MR. RUBINER: SO WHAT, WHEN YOU SAY IT'S NOT :45:13 B THE WITNESS: I CANNOT ANSWER THE QUESTION. B ACCURATE, WHAT'S INACCURATE ABOUT IT? :15:13 9 Q BY MR. RUBINER: DID YOU HAVE A DISCUSSION WITH 09:45:13 9 A I DON'T KNOW THAT THE CAPITAL CONTRIBUTIONS 10 MR. GILFENBAIN UPON THE CREATION OF SINATRA COOK AS TO 10 WERE DIRECTLY TIED TO THE OWNERSHIP PERCENTAGE, 11 THE CREATION OF THE ENTITY? 09:45:13 11 Q DID YOU MAKE ANY CAPITAL CONTRIBUTION TO :45:13 12 A 100 VAGUE, I DON'T RECALL THAT. 12 SINATRA COOK? :45:13 13 Q YOU DON'T RECALL THAT? 09:45:13 13 A YES. :45:13 14 A NO, 09A5:13 14 Q PRIOR TO ENTERING INTO THE SINATRA COOK :45:13 15 Q DO YOU RECALL EVER :HAVING A DISCUSSION 91ITH 15 TRANSACTION, DID YOU TELL MR. GILFENBAIN THAT YOU WERE 16 MR. GILFENBAIN ABOUT WHAT YOUR DUTIES WOULD BE AS IT 16 AFFLUENT? 17 RELATES TO SINATRA COOK? 09:45:13 17 A NO. :15:13 18 MR, BISND: OBJECTION. ASKED AND ANSWERED, MY 09:45:13 18 Q DID YOU TELL MR. GILFENBAIN THAT YOU HAD 19 CLIENT HAS ANSWERED THAT QUESTION AND YOUR PREVIOUS 19 EXPERIENCE IN BUILDING APARTMENT BUILDINGS? 20 QUESTION. 09:45:13 20 MR. BISNO: OBJECTION. HEARSAY. OBJECTION. :45:13 21 THE WITNESS: THERE WERE CONVERSATIONS, HUNDREDS. 21 RELEVANCE. 22 T DON'T RECALL SPECIFICALLY ONE SPECIFIC CONVERSATION. 09:45:13 22 THE WITNESS: I DON'T RECALL. :15:13 23 Q BY MR. RUBINER: ➢O YOU RECALL ANY 09:45:13 23 Q BY MR. RUBINER: DID YOU EVER SAY ANYTHING 24 CONVERSATIONS WHERE YOU AND MR. GILFENBAIN WOULD DISCUSS 24 UNTRUTHFUL TO MR. GILFENBAIN? 25 WHAT YOU WOULD DO AS IT RELATES TO SINATRA COOK? 09:4$:13 25 MR. BISNO: OBJECTION. HEARSAY. _ PAGE 86 PAGE 88 09: 45:13 1 MR. BISND: OBJECTION. ASKED AND ANSWERED. 09:45:13 1 THE WITNESS: NO, 09:45:13 2 THE WITNESS: NOT ONE SPECIFIC QUESTION, NO. 09:45:13 2 MR, RUBINER: COUNSEL,BY THE WAY, HEARSAY IS NOT A 09:45:13 3 Q BY MR. RUBINER: DO YOU RECALL GENERALLY WHAT 3 PROPER OBJECTION AT DEPOSITION AND COMING OUT OF HIS 4 YOU AND MR. GILFENBAIN DISCUSSED AS IT RELATES TO 4 MOUTH IT WOULDN'T BE HEARSAY, ANYWAY. BUT, YOU KNOW, 5 SINATRA COOK? 5 I'M NOT GOING TO TEACH YOU HOW TO PRACTICE LAW BUT YOU D9:45:13 6 MR, BISND: OBJECTION. ASKED AND ANSWERED. 6 MIGHT WANT TO LOOK THAT UP. 09:45:13 7 THE WITNESS: GENERALLY, YES. 09:15:13 7 Q YOU CAN GO AHEAD AND ANSWER THE QUESTION. 09:4$:13 8 Q BY MR. RUBINER: AND GENERALLY, WHAT DID YOU 09:45:13 8 A NO. 9 UNDERSTAND THAT -- WHAT DID YOU AND MR. GILFENBAIN 09:45:13 9 Q SO EVERYTHING YOU SAID TO MR. GILFENBAIN WAS 10 DISCUSS CONCERNING YOUR ROLE IN SINATRA COOK? 10 TRUTHFUL; IS THAT CORRECT? 09:45:13 11 MR, BISND: OBJECTION, ASKED AND ANSWERED. 09:45:13 11 A CORRECT. 09:15:13 12 THE WITNESS: THE PARTNERSHIP LAID OUT THE 09:45:13 12 MR. BISNO: OBJECTION. HEARSAY. 13 GUIDELINES WITH WHICH THE PROJECT WAS RUN. I WAS 09:45:13 13 Q BY MR. RUBINER: DID MR. -- DO YOU RECALL EVER 14 CERTAINLY THE GUY OUT ON THE SITE AND MAKING SURE THINGS 14 HAVING ANY DISCUSSIONS WITH MR, GILFENBAIN ABOUT THE 15 WERE GOING IN A CERTAIN DIRECTION, BUT ULTIMATELY I HAD 15 CONDITION OF THE PARKING LOT AT THE PALM DESERT SITE? 16 NO POWERS. I HAD ONE VOTE AMONG THREE AND THE TWO VOTES 09:45:13 16 MR. BISNO: OBJECTION. HEARSAY. 17 WOULD DICTATE ALL DECISIONS. 09:45:13 17 Q BY MR. RUBINER: DO YOU RECALL ANY? 09:45:13 18 Q DO YOU RECALL DISCUSSING THAT WITH 09:45:13 18 A N0, 19 MR. GILFENBAIN? 09:45:13 19 Q DID YOU EVER TELL MR. GILFENBAIN THAT A PARKING 09:45:13 20 MR. BISND: OBJECTION. ASKED AND ANSWERED. 20 LOT HAD BEEN BLACK TOPPED AT THE SITE WHEN, IN FACT, IT 09:45:13 21 THE WITNESS: NO. 21 HAD NOT? 09:45:13 22 Q BY MR. RUBINER: DID YOU EVER DISCUSS WITH 09:45:13 22 MR, BISND: OBJECTION. HEARSAY. 23 MR. GILFENBAIN THAT YOU WOULD PROVIDE SERVICES TO THE 09:45:13 23 THE WITNESS: NO. 24 PARTNERSHIP FOR YOUR INVESTMENT? 09:45:13 24 Q BY MR. RUBINER: DID YOU EVER TELL 09:45:13 25 MR. BISND: OBJECTION. HEARSAY. 25 MR. GILFENBAIN THAT YOU WOULD BE PRESENT FULL TIME AT 86 BB Dalesandro vs. Ogulnick Deposition of Ryan Andrew Ogulnick, Vol. 1 August 13, 2012