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SHEET 26 PAGE 101 SPOUSAL COM'ONICATION, OBJECTION TO T 2 CALLS FOR YOD TO REVEAL MATTERS WHICH 3 YOU. 9:41:13 4 MR. RUBTNER: COUNSEL, BY THE WAY 5 OBJECTIONS WOULD BE WAIVED BY HIM REV! 6 COURSE OF HIS DEPOSITION. IF HE WANTS 7 ATTORNEY IS COMMUNICATING WITH HIM DUE 8 A DEPOSITION THAT'S A SERIOUS PROBLEM 9 TO THE JUDGE'S ATTENTION THAT HIS AITO 10 COMMUNICATING WITH HIM BY E—MAIL DURIN 11 SO I'M BESTUNNED IF THAT'S WHAT IT IS. 12 ELSE I WOULD BELIEVE IT'S STILL SUBJEC 13 BECAUSE HE'S LOOKING AT IT WHILE QUEST 3:45:13 14 MR. BISNO: COUNSEL, YOU'VE WITNE 15 NOT ENGAGED MY PHONE. I CAN'T SPEAK 1 16 WHO MAY BE REPRESENTING MR. OGULNICK I 17 I CAN'T SPEAK TO COMMUNICATIONS HE MAY 18 WIFE. MY OBJECTION AND INSTRUCTION RE d:45:13 19 MR. RUBINER: I'M SORRY, DID YOU 20 TO ANSWER? 1:45:13 21 MR. BISNO: TO THE EXTENT THAT IT 22 TO REVEAL ATTORNEY —CLIENT COMMUNICATIO 23 IT WOULD CAUSE YOU TO REVEAL COMMUNICA 24 PROTECTED BY SPOUSAL PRIVILEGE OR TO T 25 WAIVE YOUR RIGHTS OF PRIVACY, I AM INS R. Leonard, C.S.R., Inc. Certified Shorthand Reporters 818.995.2449 PAGE 103 HE EXTENT THAI IT 09:45:13 1 ARE PRIVATE TO 2 QU 3 EN ALL OF THOSE 09:45:13 4 EWING IT IN THE 09:45:13 5 TO -- IF HIS 6 MR. ING THE CONTENT OF 7 MR. THAT I WOULD BRING 09:15:13 8 RNEY IS 09:45:13 9 C THE DEPOSITION, 09:45:13 10 IF IT'S ANYTHING 09:45:13 11 T TO DISCOVERY 09:45:13 12 IONS ARE PENDING. 09:45:13 13 SSED ME, I HAVE 09:45:13 14 0 OTHER COUNSEL 09:45:13 15 N OTHER MATTERS. 09:45:13 16 HAVE WITH HIS 09:45:13 17 MAINS, 18 HAS INSTRUCT HIM NOT 19 AND 20 IHA WOULD CAUSE YOU 09:45:13 21 N, TO THE EXTENT 09:45:13 22 TION WHICH IS 09:45:13 23 HE EXTENT IT WOULD 09:45:13 24 TRUCTING YOU NOT 25 DEP PAGE 102 1 TO ANSWER. - :45:13 2 IF YOU CAN ANSWER THE QUESTION WITHOUT THE :45:13 3 ABOVE DESCRIBED, PLEASE DO SO. :45:13 4 THE WITNESS: IT'S AN E—MAIL FROM MY WIFE ASKING ME 5 WHEN I'M GOING TO BE DONE. ON. I THINK IT'S ACTUALLY A 6 TEXT MESSAGE. :45:13 7 Q BY MR, RUBINER: WHEN WAS THE FIRST 8 CONVERSATION YOU HAD WITH MR. DALESANDRO ABOUT THE ROYAL 9 CANYON PROJECT? :45:13 10 A I BELIEVE IT WAS JULY OR AUGUST, 2010. :45:13 11 Q WHERE DID THE CONVERSATION TAKE PLACE? :45:13 12 A I TESTIFIED I DON'T RECALL THE FIRST 13 CONVERSATION, WHETHER IT WAS ON THE PHONE, IN PERSON. I 14 DON'T RECALL. :45:13 15 Q IN THE EARLIER TESTIMONY WHERE YOU DESCRIBED 16 MR. -- YOUR DISCUSSIONS WITH MR. OGULNICK -- I'M SORRY. 17 STRIKE THAT -- YOUR DISCUSSION WITH MR. DALESANDRO AND 18 EVENTUALLY DISCUSSING A RETAINER AGREEMENT OF SOME SORT, 19 HOW MANY CONVERSATIONS WAS THAT? :45:13 20 MR. BISNO: OBJECTION. VAGUE, AMBIGUOUS, 21 INCOMPREHENSIBLE. :45:13 22 YOU CAN ANSWER IF YOU UNDERSTOOD IT. :45:13 23 THE WITNESS: I DON'T UNDERSTAND THE QUESTION. :45:13 24 Q BY MR. RUBINER: WHAT DIDN'T YOU UNDERSTAND 25 ABOUT IT? A YOU'RE REFERRING TO A CERTAIN AMOUNT OF ESTIONS WITHIN A CERTAIN AMOUNT OF TIME AND I DON'T OW WHAT EITHER — Q ALL RIGHT. I'LL WITHDRAW IT. HOW MANY CONVERSATIONS DID YOU HAVE WITH DALESANDRO PRIOR TO YOUR SIGNING AN AGREEMENT WITH JALESANDRO? A I DON'T RECALL. Q MORE THAN ONE? A YES. Q MORE THAN FIVE? A I DON'T RECALL. Q MORE THAN TEN? A I DON'T RECALL. Q MORE THAN 30? MR. BISNO: OBJECTION. COUNSEL, YOU ARE BADGERING THIS FATNESS. HE NOW ANSWERED °I DON'T RECALL' IN RESPONSE TO FIVE TEN AND NOW YOU'RE PILING ON WITH 3C. I REQUEST T YOU MOVE ON. Q BY MR. RUBINER: YOU CAN ANSWER THE QUESTION. A I DON'T RECALL. Q MORE THAN A HUNDRED? MR. BISNO: COUNSEL, I API GOING TO TERJINATE THE OSITION IF YOU CONTINUE TO BADGER THIS WITNESS. PAGE 104 1 YOU'VE ASKED THIS WITNESS IF TT WAS MORE THAN FIVE, MORE 2 THAN TEN, MORE THAN 30, I HAVE ALERTED YOU THAT YOU ARE 3 BADGERING THIS WITNESS AND NOW YOU ARE CONTINUING TO 4 BADGER THIS WITNESS. T WOULD URGE YOU TO MOVE ON. :45:13 5 Q BY MR. RUBIN"AR: YOU CAN ANSWER THE QUESTION. :45:13 6 A I DON'T RECALL. :45:13 7 Q MORE THAN A THOUSAND? :45:13 8 MR. BISNO: OBJECTION, I'LL INSTRUCT YOU NOT TO 9 ANSWER. :45:13 10 MR. RUBINER: WHAT'S THE BASIS FOR THE INSTRUCTION? :45:13 11 MR. BISNO: YOU'RE BADGERING THE WITNESS, COUNSEL, :45:13 12 MR, RUBINER: I'M GOING TO ASK THE COURT REPORTER 13 TO MARK AS EXHIBIT 5 -- ONE, TWO -- SIX —PAGE DOCUMENT 14 ENTITLED PARALLEL REAL ESTATE ADVISORS LLC CONSULTING 15 AND ADVISORY AGREEMENT. :45:13 16 MR. BISNO: THANK YOU. :45:13 17 (WHEREUPON, THE ABOVE MENTIONED DOCUMENT WAS 18 MARKED FOR IDENTIFICATION BY THE SHORTHAND REPORTER AND 19 ATTACHED HERE101. :45:13 20 Q BY MR. RUBINER: DO YOU HAVE EXHIBIT 5 IN FRONT 21 OF YOU, SIR? :45:13 22 A I DO. :45:13 23 Q TAKE A MOMENT, LOOK THROUGH EXHIBIT 5 AND LET 24 ME KNOW WHEN YOU FINISH. :45:13 25 A OKAY, I'VE REVIEWED IT. Dalesandro vs. Ogulnick Deposition of Ryan Andrew Ogulnick, Vol. 1 August 13, 2012