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R. Leonard, C.S.R., Inc. Certified Shorthand Reporters 818.995.2449 SHEET 31 PAGE 121 PAGE 123 09:45:13 1 Q 50 DURING THESE CONVERSATIONS WHEN 00:45:13 1 Q OFAY. 2 MR. GILFENBAIN SAID NOT TO RELY ON WELLS, YOU SAID HE 09:45:13 2 COULD YOU TAKE A LOOK AT EXHIBIT 6 AND REVIEW 3 WAS YELLING, DO YOU RECALL DISCUSSING MR. DALESANDRO 3 IT AND LET ME KNOW WHEN YOU FINISH. 4 SPECIFICALLY DURING ANY OF THOSE CONVERSATIONS? 09:45:13 4 A OKAY. 09:15:13 5 A YES. 09;45:13 5 Q DO YOU RECOGNIZE EXHIBIT 6? D9:45:13 6 Q WHAT DID YOU SAY ABOUT MR. DALESANDRO? 09:45:13 6 A I'VE SEEN SOMETHING LIKE THIS BEFORE. I CAN'T 09:45:13 7 A I SAID THAT HE HAD SENT SOME INFORMATION TO A 7 TELL YOU IF IT'S THE PRECISE DOCUMENT, 8 LENDER -- I'M NOT SURE IF THEY'RE A LENDER. IT'S 09:45:13 8 Q AND YOU SAID YOU E-MAILED A COPY OF -- STRIKE 9 PROBABLY MORE JUST CAPITAL. I DON'T THINK IT'S A 9 THAT, 10 TRADITIONAL LENDER. MY RECOLLECTION WAS, IT WAS CANYON 09:15:13 10 WHAT IS EXHIBIT 6? 11 CAPITAL, 09:45:13 11 A CONSULTING AND ADVISORY AGREEMENT. 09:95:13 12 AND CANYON HAD TAKEN INTEREST, INTEREST IN THE 09:45:13 12 Q IS THAT BETWEEN VINEYARDS AND PARALLEL REAL 13 PROJECT AND I HAD MET WITH CANYON IN THAT CANYON WAS 13 ESTATE ADVISORS? IS THAT RIGHT? 14 SENDING SOMEBODY TO THE SITE AND THAT CANYON WAS DOING 09:15:13 14 A WELL, IT'S AN UNSIGNED VERSION OF AN AGREEMENT, 15 THEIR UNDERWRITING AND WE'LL SEE WHEN, IF AND WHEN A 15 I HAVE NO IDEA IF THIS IS THE ACTUAL AGREEMENT I SIGNED, 16 TERM SHEET COMES WHAT THEY'RE INTERESTE➢ IE DOING. 16 I WOULD SIGN AN AGREEMENT IF I WAS READY TO EXECUTE IT. 09:45:13 11 Q DO YOU RECALL MENTIONING MR. DALESANDRO'S NAME 09:45:13 17 Q SO, WELL, YOU SAID YOU SENT AN UNSIGNED VERSION 18 DURING THAT CONVERSATION? 18 TO YOUR PARTNERS. 01:45:13 19 A I DON'T KNOW IF I MENTIONED PARALLEL OR SEAN. 09:45:13 19 IS THAT RIGHT? 09;45:13 20 Q DO YOU RECALL MENTIONING EITHER? 09:45:13 20 A THAT'S RIGHT, 09:45:13 21 A I SENT THE AGREEMENT BEFORE I SIGNED IT TO BOTH 09:45:13 21 Q AND YOU SAID YOU SENT IT BY E-MAIL? 22 OF MY PARTNERS VIA E-MAIL SO I WOULD SAY YES, T DO 09:45;13 22 A CORRECT. 23 RECALL A REFERENCE TO THE NAME. 09:45:13 23 Q DID EITHER PARTNER EVER RESPOND TO THE E-MAIL? 09:41:13 24 Q SO YOU RECALL SENDING AN UNSIGNED COPY OF THE 09:45:13 24 A YES, 25 AGREEMENT TO BOTH PARTNERS PRIOR TO YOUR SIGNING IT? 09:45:13 25 Q WHO RESPONDED? 121 123 PAGE 122 PAGE 129 09:15:13 1 A YES, 09:45:13 1 A KAMBIZ K41DAR RESPONDED AND SAID IF THIS IS 09:45:13 2 MR. RUBINER: I'M GOING TO ASK THE COURT REPORTER 2 WHAT YOU WANT TO DO I AM FINE WITH THAT AND SUBSEQUENT 3 TO MARK AS EXHIBIT 6 A MULTI -PAGE DOCUMENT TITLED 3 TO THAT THEN ASKED ME FOR A PACKAGE IF ONE WAS PUT 4 CONSULTING AND ADVISORY AGREEMENT, ASK HER TO HAND THAT 4 TOGETHER FROM -- BY THE BROKER TO GIVE TO POTENTIAL 5 TO THE WITNESS. 5 FINANCIERS. 09:15:13 5 MR. BISNO: THANK YOU. 09:45:13 6 Q DID MR. GILFENBAIN EVER RESPOND TO YOUR E-MAIL? 09:45:13 7 (WHEREUPON, THE ABOVE -MENTIONED DOCUMENT WAS 09;45:13 7 A YES. 8 MARKED FOR IDENTIFICATION BY THE SHORTHAND REPORTER AND 09:45:13 8 Q AND DID -- I'M SORRY. DID MR. KAMDAR RESPOND 9 ATTACHED 0ET01, 9 BY E-MAIL? 09:45:13 10 Q BY MR. RUBINER: NOW, DID YOU EARLIER 09:45:13 10 A YEAH. 11 SAY -- BEFORE WE GET TO EXHIBIT 6 -- THAT WHILE YOU 09:45:13 11 Q WHEN WAS THE LAST TIME YOU SAW THAT E-MAIL? 12 HOPED MR. DALESANDRO WOULD BE SUCCESSFUL, YOU DIDN'T 09:45:13 12 A I DON'T RECALL. 13 ACTUALLY THINK THAT HE WOULD BE SUCCESSFUL AS THE OTHER 09:45:13 13 Q DO YOU STILL HAVE A COPY OF IT? 14 THREE PEOPLE YOU HAD CONTACTED FAILED? IS THAT RIGHT? 09:45:13 14 A I DON'T KNOW. 09:45:13 15 A NO. THAT MISSTATES WHAT I -- MY INTENT OF MY 09:15:13 15 Q HAVE YOU LOOKED FOR A COPY OF IT SINCE THIS 16 STATEMENT WAS, IT WASN'T THAT THERE WEREN'T ANY LENDER 16 LITIGATION WAS FILED? I FINANCIER THAT WOULDN'T LOAN MONEY ON THIS ASSET. 09:45:13 17 A AS I TESTIFIED BEFORE, I DIDN'T LOOK FOR 18 EVERY -- IT'S A CLASS A BRAND-NEW APARTMENT BUILDING, 18 ANYTHING. RACHEL PRODUCED THE DOCUMENTS. 19 CLASS A RETAIL, ANYBODY COULD GET A LOAN FROM ANY 09:45:13 19 Q HOW DO YOU KNOW RACHEL PRODUCED THE DOCUMENTS? 20 ENTITY. IT WAS MORE ABOUT THE LOAN AMOUNT. AND I 09:45:13 20 MR. BISNO: OBJECTION TO THE EXTENT THAT YOUR 21 WASN'T CONVINCED THAT THE MATRIX WOULD LINE UP, THAT THE 21 ANSWER WOULD CALL FOR YOU TO REVEAL SPOUSAL 22 LOAN AMOUNT FROM THE NEW FINANCING WOULD BE SUFFICIENT 22 COMMUNICATION, AND IF IT WILL THEN I AM INSTRUCTING YOU 23 TO PAY OFF 'WELLS FARGO. 23 NOT TO ANSWER. 09:15:13 24 Q WAIT A MINUTE. WHICH DOCUMENT DID I GIVE YOU? 09:45:13 24 MR. RUBINER: I WOULD POINT OUT, COUNSEL, "HAT TO 09:15:13 25 A (INDICATING). 25 THE EXTENT THERE WOULD HAVE BEEN ANY PRIVILEGE RELATED i22 129 Dalesandro vs. Ogulnick Deposition of Ryan Andrew Ogulnick, Vol. 1 August 13, 2012