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R. Leonard, C.S.R., Inc. Certified Shorthand Reporters 818.995.2449 _ SHEET 27 PAGE 105 PAGE 107 09:45:13 1 Q DO YOU RECOGNIZE EXHIBIT 5? 1 DOCUMENTS? 09:45:13 2 A YES. 09:45:13 2 A NO. 09:45:13 3 Q WHAT IS EXHIBIT 5? 09:45:13 3 Q DID YOU EVER AUTHORIZE ANYONE TO PUT YOUR D9:45:13 4 A IT'S A FEE AGREEMENT I SIGNE➢ FOR PROCUREMENT 4 ELECTRONIC SIGNATURE ON EXHIBIT 5? 5 OF CAPITAL TO ACQUIRE AND ENTITLE THE ROYAL CANYON 09:45:13 5 MR. BISNO: OBJECTION TO THE EXTENT THAT IT WOULD 6 PROPERTY. 6 CAUSE YOU TO REVEAL THE CONTENTS OF SPOUSAL 09:45:13 7 Q IF YOU COULD TURN TO THE -- 7 COMMUNICATIONS. 09:45:13 8 THE VIDEDGRAPHER: COUNSEL. COUNSEL, YOUR PAPER IS 09:45:13 8 THE WITNESS: I DON'T RECALL BUT I DO RECALL THIS 9 ON YOUR MIKE. 9 AGREEMENT. 09:41:13 10 MR. BISNO: I'M SORRY. 09:45:13 10 Q BY MR. RUBINER: DO YOU HAVE ANY REASON TO 09:45:13 11 THE VIDEOGRAPHER: IT'S MAKING DEEP NOISES. 11 BELIEVE IF IT'S AN ELECTRONIC SIGNATURE ON EXHIBIT 5 09:15:13 12 MR. BISNO: THANK YOU. 12 THAT YOU DID NOT AUTHORIZE THAT SIGNATURE? 09:45:13 13 THE VIDEOGRAPHER: THANK YOU. 09:45:13 13 MR. BISNO: OBJECTION TO THE EXTENT THAT ANSWERING 09:45:13 14 0 BY MR. RUBINER: WOULD YOU TURN TO THE FOURTH 14 THE QUESTION WOULD CAUSE YOU TO REVEAL SPOUSAL 15 PAGE, THE PAGE WITH THE TITLE SIGNATURE PAGE ON IT. 15 COMMUN'ICATIONS. 09:45:13 16 DO YOU SEE THAT? 09:45:13 16 THE WITNESS: NO. 09:45:13 17 A YES. 09:45:13 17 Q BY MR. RUBINER: AND PRIOR TO AUTHORIZING 09:45:13 18 Q IF YOU LOOK ABOUT HALFWAY DOWN THE PAGE, THERE 18 SOMEONE TO PUT AN ELECTRONIC SIGNATURE ON EXHIBIT 5, DID 19 APPEARS TO BE A SIGNATURE. 19 YOU REVIEW EXHIBIT 5? D9:45:13 20 DO YOU SEE THAT? 09:45:13 20 A PROBABLY. 01:45:13 21 A YES. 09:45:13 21 Q IS IT YOUR PRACTICE TO REVIEW DOCUMENTS PRIOR 09:45:13 22 Q DO YOU RECOGNIZE THAT SIGNATURE? 22 TO SIGNING THEM? 09:45:13 23 A I DO. 09:45:13 23 MR. BISNO: OBJECTION. VAGUE AS TO TIME. 09:15:13 24 Q WHOSE SIGNATURE IS THAT? 09:45:13 24 THE WITNESS: I WOULD SAY THE MAJORITY OF THE TIME, 09;15:13 25 A IT'S MINE. 25 YES. THERE'S PROBABLY SOME CIRCUMSTANCES WHERE I RELY 1051 107 PAGE 106 :15:13 1 Q DID YOU SIGN THIS PAGE OF EXHIBIT 5 ON OR ABOUT 2 AUGUST 20, 2010? :45:13 3 A I DON'T RECALL WHEN I SIGNED IT. I ALSO HAVE 4 AN ELECTRONIC SIGNATURE THAT MY OFFICE USES AND THAT 5 LOOKS LIKE THAT ONE, SO TO SAY T ACTUALLY SIGNED IT, I 6 DON'T THINE SO. :45:13 7 Q ARE PEOPLE AT YOUR OFFICE -- WHEN YOU SAY YOUR 8 OFFICE USES, WHO AT YOUR OFFICE IS AUTHORIZED TO USE 9 YOUR ELECTRONIC SIGNATURE? :45:13 10 MR. BISNO: OBJECTION TO THE EXTENT THE ANSWER TO 11 THE QUESTION WOULD INVOLVE EITHER ATTORNEY -CLIENT 12 COMMUNICATION OR WOULD INVOLVE COMMUNICATION BETWEEN YOU 13 AND YOUR SPOUSE. :15:13 14 THE WITNESS: I THINK IT WOULD DEPEND ON WHAT 15 MOMENT IN TIME AND WHAT CIRCUMSTANCE, SO I DON'T RECALL 16 AT THIS TIME. :45:13 17 Q BY MR. RUBINER: IN AUGUST OF 2010, WHO AT YOUR 1B OFFICE WAS AUTHORIZED TO USE YOUR ELECTRONIC SIGNATURE? :15:13 19 MR. DISKO: OBJECTION TO THE EXTENT THAT YOUR 20 TESTIMONY WOULD REVEAL SPOUSAL COMMUNICATIONS. :45:13 21 THE WITNESS: IT WOULD REVEAL SPOUSAL 22 COMMUNICATIONS. :45:13 23 Q BY MR. RUBINER: DID YOU EVER AUTHORIZE ANYBODY 24 TO USE -- STRIKE THAT. :45:13 25 DO YOU EVER PUT AN ELECTRONIC SIGNATURE ON PAGE 108 1 ON EITHER SOMEBODY WHO WORKS FOR ME OR SOMEBODY LIKE AN 2 ATTORNEY TO ADVISE ME THAT IT'S OKAY TO EXECUTE A 3 DOCUMENT. 09:15:13 4 Q BY MR. RUBINER: DO YOU 3ECALL DISCUSSING 5 EXHIBIT 5 WITH ANYONE PRIOR TO SIGNING IT OR AUTHORIZING 6 SOMEONE TO SIGN IT ON YOUR BEHALF? 09:45:13 7 A I DO NOT. 09:45:13 8 Q DO YOU RECALL DISCUSSING EXHIBIT 5 WITH 9 MR. DALESANDRO? 09:45:13 10 A I THINK I DO RECALL A CONVERSATION. 09:45:13 11 Q WHEN WAS THE CONVERSATION? 09:45:13 12 A I WOULD NOT KNOW OF THE DATE OF THE 13 CONVERSATION. 39:45:13 14 Q WAS IT AT OR AROUND THE TIME YOU SIGNED OR 15 AUTHORIZED SOMEONE TO SIGN] EXHIBIT 5 FOR YOU? )9:45:13 16 A I BELIEVE SO. 39:45:13 17 Q WAS IT BEFORE YOU SIGNED EXHIBIT 5? 39:45:13 18 A I BELIEVE SO. )9:45:13 19 Q WHERE DID THE CONVERSATION TAKE PLACE? )9:45:13 20 A I BELIEVE I WAS IN MY CAR AND HE WAS SOMEWHERE 21 ELSE. IT WAS ON THE TELEPHONE. )9:45:13 22 Q WAS ANYONE ELSE IN THE CAR? )9:45:13 23 A N0. )9:45:13 24 Q AS FAR AS YOU KNOW, WAS ANYONE ELSE ON THE 25 TELEPHONE CONVERSATION? 108 Dalesandro vs. Ogulnick Deposition of Ryan Andrew Ogulnick, Vol. 1 August 13, 2012