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R. Leonard, C.S.R., Inc. <br />Certified Shorthand Reporters <br />818.995,2449 <br />- SHEET 24 PAGE 93 PAGE 95 <br />1 WE JUST DECIDED IT MADE SENSE TO PAY THE CONTRACTOR MORE I AND RELEASE WHERE HE WOULD INDEMNIFY ME AGAINST ANY <br />2 THAN THE GNP TO SETTLE THE CASE. 2 CLAIMS, HE WOULD ACCEPT 15 PERCENT EXCHANGE FOR <br />:45:13 3 Q BY MR. RUBINER: WHEN YOU SAID OWNERSHIP WAS 3 INDEMNITY AND 1 FELT AN OBLIGATION TO GILFENBAIN AS THE <br />4 MAKING DECISIONS IN YDUR PRIOR ANSWER, WHAT DOES 4 GUY CHIEFLY RESPONSIBLE FOR THE RECOURSE LOAN TO MAKE <br />5 OWNERSHIP MEAN IN THE CONTEXT OF THAT ANSWER? 5 HIM FEEL COMFORTABLE AND PUT HIM IN A POSITION TO TAKE <br />:45:13 6 A I ALREADY EXPLAINED THIS, COUNSEL. 6 CARE OF THE WELLS FARGD LOAN. <br />:45:13 1 Q I DON'T THINK YOU HAD THAT ANSWER PREVIOUSLY SO 09:45:13 7 Q DID MR. GILFENBAIN EVER TELL YOU BE WAS UNHAPPY <br />8 IF YOU COULD TELL ME WHAT YOU MEANT BY OWNERSHIP IN YOUR 8 WITH YOUR WORK ON THE PROJECT? <br />9 LAST ANSWER I'D APPRECIATE IT. THAT'S MY QUESTION. ARE 09:45:13 9 MR. BISYO: OBJECTION. HEARSAY, OBJECTION. <br />10 YOU REFUSING TO ANSWER IT? 10 RELEVANCE. <br />:45:13 11 A NO, I JUST THINK IT'S A WASTE OF TIME BUT I'LL 09:45:13 11 THE WITNESS: NEVER. QUITE THE OPPOSITE. <br />12 ANSWER II. THERE WERE THREE PARTIES THAT OWNED THE 09:45:13 12 Q BY MR. RUBINER: WHEN YOU SAY "QUITE THE <br />13 PROJECT. THERE WERE THREE PARTIES WHO MADE THE 13 OPPOSITE,' WHAT DO YOU MEAN? <br />14 DECISIONS. I EXPLAINED THAT 20 MINUTES AGO, 09:15:13 14 A HE TOLD ME I DID A FANTASTIC JOB AND I WAS <br />:45:13 15 Q DID YOU BELIEVE -- DID YOU VOTE THAT YOU SHOULD 15 FACED WITH ADVERSITY AND CAME OUT COMPLETING THE <br />16 PAY THE CONTRACTOR? 16 PROJECT, THE PROJECT'S TODAY 98 PERCENT OCCUPIED AND HE <br />:15:13 11 A I VOTED -- I DON'T BELIEVE THERE WAS AN 17 THOUGHT I HAD DONE A STELLAR JOB. <br />18 OFFICIAL VOTE. I THINK WE LEFT THE DECISION TO 09:45:13 1B Q WHEN DID HE TELL YOU HE THOUGHT YOU DID A <br />19 GILFENBAIN BECAUSE HE WAS PAYING PER THE PARTNERSHIP THE 19 STELLAR JOB? <br />20 MAJORITY OF THE OVERAGES. HE WAS -- SIGNED A PERSONAL 09:45:13 20 MR. BISNO: OBJECTION. RELEVANCE. <br />21 GUARANTEE AND I BELIEVE WE RESPECTED HIS DECISION. IT 09:45:13 21 THE WITNESS: 2005 ALL THE WAY TO MY LAST <br />22 WASN'T NECESSARILY WE AGREED WITH THE ➢ECISION, SO I 22 CONVERSATION IN LATE 2010. <br />23 THINK WE ALLOWED HIM TO MAKE THE DECISION. 09:15:13 23 Q BY MR. RUBINER: SO MR. GILFENBAIN NEVER SAID <br />:45:13 24 Q WERE MECHANIC'S LIENS PLACED ON THE PROPERTY? 24 HE WAS UNHAPPY WITH YOUR PERFORMANCE; IS THAT RIGHT? <br />:45:13 25 A YES. 09:45:13 25 MR. BISNO: OBJECTION. ASKED AND ANSWERED. <br />_ PAGE 94 <br />PAGE 96 <br />09:45:13 <br />1 <br />Q <br />HOW MANY? <br />1 <br />OBJECTION. VAGUE AS TO TIME. <br />D9:45:13 <br />2 <br />A <br />DON'T KNOW. <br />09:45:13 <br />2 <br />THE <br />WITNESS: I DD NOT RECALL A SINGLE INSTANCE <br />D9:45:13 <br />3 <br />Q <br />WERE THERE AS MANY AS 40 MECHANIC'S LIENS <br />3 <br />WHERE HE <br />TOLD ME HE NAB UNHAPPY WITH MY PERFORMANCE. <br />4 <br />PLACED ON THE PROPERTY? <br />09:45:13 <br />4 <br />Q <br />BY MR. RUBINER: THEM DID YOU FIRST MEET SEAN <br />09:15:13 <br />5 <br />A <br />i DON'T KNOW. <br />5 <br />DALESANDRO? <br />09:15:13 <br />6 <br />Q <br />AT SOME POINT DID THE OWNERSHIP REDUCE YOUR <br />09:45:13 <br />6 <br />A <br />SUMMER OF 2010. <br />1 <br />PERCENTAGE OWNERSHIP IN THE VINEYARDS OF PALM DESERT <br />09:45:13 <br />1 <br />Q <br />WHERE DID YOU MEET HIM? <br />8 <br />PROJECT? <br />09:45:13 <br />8 <br />A <br />T DON'T RECALL. <br />09:45:13 <br />9 <br />MR. <br />BISNO: OBJECTION. RELEVANCE. <br />09:45:13 <br />9 <br />Q <br />WHAT WERE THE CIRCUMSTANCES? '.. <br />09:45:13 <br />10 <br />THE <br />WITNESS: NO. <br />09:45:13 <br />10 <br />A <br />MY ONLY RECOLLECTION IS A FRIEND OF MINE WHO I '.. <br />09:15:13 <br />11 <br />Q <br />BY MR. RUBINER: SO AS OF TODAY YOUR COMPANY <br />11 <br />PLAY GOLF WITH SAID HE KNEW SOMEBODY WHO WAS BROKERING <br />12 <br />STILL HAS A 25 PERCENT INTEREST IN SINATRA CODE; IS THAT <br />12 <br />CAPITAL. <br />13 <br />RIGHT? <br />09:45:13 <br />13 <br />Q <br />WHO WAS THE FRIEND? <br />09:45:13 <br />14 <br />MR, <br />BISNO: OBJECTION. RELEVANCE. <br />09:45:13 <br />14 <br />A <br />CARLOS CASTRO. <br />09:45:13 <br />15 <br />THE <br />WITNESS: NO. <br />09:15:13 <br />15 <br />Q <br />DID MR. CASTRO INTRODUCE YDU TO MR. DALESANDRO? <br />09:45:13 <br />16 <br />Q <br />BY MR. RUBINER: AS OF TODAY, WHAT PERCENTAGE <br />09:45:13 <br />16 <br />A <br />I DON'T REMEMBER THE EXACT MECHANICS. <br />11 <br />INTEREST <br />DOES YOUR COMPANY HAVE IN SINATRA COOK? <br />09:45:13 <br />17 <br />Q <br />DO YOU REMEMBER WHEN YOU FIRST TALKED TO <br />)9:45:13 <br />18 <br />MR. <br />BISNO: OBJECTION. RELEVANCE. <br />18 <br />MR. DALESANDRO? <br />)9:45:13 <br />19 <br />THE <br />WITNESS: 10 PERCENT. <br />09:45:13 <br />19 <br />A <br />I DO NOT. <br />)9:45:13 <br />20 <br />Q <br />BY MR. RUBINER: WHEN WAS THE AMOUNT REDUCED <br />09:45:13 <br />20 <br />Q <br />DID YOU TALK TO MR. DALESANDRO ON THE TELEPHONE <br />21 <br />FROM 25 <br />TO 10', <br />21 <br />FIRST? <br />)9:45:13 <br />22 <br />A <br />I THINE, JUNE, 2011. <br />09:45:13 <br />22 <br />A <br />I DON'T RECALL. <br />)9:45:13 <br />23 <br />Q <br />WHY WAS IT REDUCED? <br />09:45:13 <br />23 <br />Q <br />➢O YOU RECALL THE CIRCUMSTANCES OF YOUR FIRST <br />)9:45:13 <br />24 <br />A <br />MR. GILFENBAIN ASKED ME, IN EXCHANGE FOR <br />24 <br />MEETING MR. DALESANDRO? <br />25 <br />PUTTING <br />UP ADDITIONAL CAPITAL, SIGNING A FULL INDEMNITY <br />09:45:13 <br />25 <br />A <br />IT'S VAGUE. COULD YOU ASK A MORE SPECIFIC <br />99 <br />96 <br />Dalesandro vs. Ogulnick <br />Deposition of Ryan Andrew Ogulnick, Vol. 1 <br />August 13, 2012 <br />