CORRESPONDENCE - NON-AGENDA - Laserfiche WebLink

Home Browse Search

R. Leonard, C.S.R., Inc. Certified Shorthand Reporters 818.995.2449 SHEET 3 PAGE 9 PAGE 11 09:15:13 1 THE WITNESS: I DO. 1 QUASI -PUBLIC PROCEEDING AND I DON'T REPRESENT THEM, 09:15:13 2 Q BY MR. RUBINER: WHO WERE THE PARTIES TO THAT 09:45:13 2 IN ANY EVENT, WE CAN - 3 CASE? D9:45:13 3 MR, BISNO: PARDON ME. THIS IS YOUR PREMISES. IF 09:45:13 4 A IT WAS LEWIS KAPLAN, DEFENDANT, AND I WAS THE 4 YOU WISH TO EXCLUDE THEM YOU CAN. THEY HAVE NO BY RIGHT 5 PLAINTIFF SEEKING TO RECOVER FUNDS I HAD LOANED TO HIS 5 TO BE ON YOUR PROPERTY. AGAIN, IF THEY DISRUPT THE 6 COMPANY. 6 TESTIMONY OF MY CLIENT AGAIN I WILL HAVE MY CLIENT WALK 09:45:13 7 Q AND WHEN WAS THE FIRST DEPOSITION THAT YOU 7 OUT, 8 WERE, THAT YOU TESTIFIED AT? 09:45:13 8 MR. RUBINER: ARE YOU FINISHED? 09:45:13 9 MR. BISNO: OBJECTION. RELEVANCE, NOT REASONABLY 09:45:13 9 MR. BISNO: YES. 10 LIKELY TO LEAD TO RELEVANT EVIDENCE. WE'RE NOW GOING 09:45:13 10 Q BY MR. RUBINER: HAVE YOU EVER TESTIFIED AT A 11 BEYOND SIX YEARS AS MR. OGULNICE HAS ALREADY TESTIFIED 11 TRIAL? 12 IT WAS MORE THAN SIX YEARS AGO AND I WILL INSTRUCT HIM 09:45:13 12 A YES. 13 NOT TO ANSWER. 09:45:13 13 Q WHEN DID YOU TESTIFY AT A TRIAL? 09:45:13 14 Q BY MR, RUBINER: ARE YOU GOING TO FOLLOW YOUR 09:45:13 14 A 2009. MAYBE 2008. 15 COUNSEL'S INSTRUCTION? 09:45:13 15 Q WHERE WAS THE TRIAL? 09:45:13 16 A YES. 09:45:13 16 A IN THE CENTRAL COURTHOUSE, LOS ANGELES. 09:15:13 11 MR. RUBINER: CAN WE STIPULATE, COUNSEL, IF YOU 09:45:13 17 Q DO YOU RECALL THE CASE? 1B INSTRUCT HIM NOT TO ANSWER THAT HE'LL NOT BE ANSWERING 09:45:13 18 MR, BISNO: OBJECTION. RELEVANCE. 2008 19 BASED ON YOUR INSTRUCTION? 19 PROCEEDING. THAT'S BEFORE MY CLIENT EVER MET YOUR 09:15:13 20 MR. BISNO: I HOPE 50 BUT I DON'T KNOW THAT WE CAN 20 CLIENT. PLEASE GIVE ME AN OFFER OF PROOF AS TO THIS 21 STIPULATE TO THAT. 21 LINE OF QUESTIONING AND ITS RELEVANCE OR LIKELY TO LEAD 09:45:13 22 MR. RUBINER: SO THAT'S A NO? 22 TO RELEVANT EVIDENCE. 09:45:13 23 MR. BISNO: THAT IS A NO, 09:45:13 23 MR. RUBINER: HIS BACKGROUND TESTIFYING AND WHAT HE 09:45:13 24 EXCUSE ME, WE ARE BEING DIVERTED BY COMMENTS 24 MAY HAVE SAID UNDER OATH ABOUT HIS VARIOUS BUSINESSES 25 OR SMIRKS COMING FROM NONPARTIES AND I WOULD DIRECT YOU 25 MAY OR 14AY NOT BE RELEVANT TO WHAT HE, REPRESENTATIONS 9 11 PAGE 10 PAGE 12 1 TO HAVE THEM LEAVE THE ROOM OR MY CLIENT WILL LEAVE THE 1 HE MADE TO MY CLIENT ABOUT HIS PAST BUSINESS EXPERIENCE, 2 ROOM AND IF THEY GIVE ANY MORE SMIRKS MY CLIENT WILL 2 AND IF THIS IS AT A PUBLIC PROCEEDING, A TRIAL, THERE'S 3 LEAVE THE ROOM AND REQUEST SANCTIONS FROM YOU BECAUSE 3 NOTHING, CERTAINLY NOTHING CONFIDENTIAL ABOUT IT AND, 4 THEY ARE UNNERVING OR ATTE14PTING TO UNNERVE MY CLIENT. 4 THEREFORE, IT'S REASONABLY CALCULATED TO LEAD TO THE 09:45:13 S MR. RUBINER: WELL, I DON'T REPRESENT THEM AS 5 DISCOVERY OF ADMISSIBLE EVIDENCE. 6 WE -- AS 1 EXPLAINED IN VARIOUS COMMENTS AND LETTERS TO 09:45:13 6 MR. BISNO: YOU MAY ANSWER. 7 YOUR PREDECESSOR COUNSEL WHICH I ASSUME YOU'VE REVIEWED 09:45:13 7 THE WITNESS: IT WAS STEVE GILFENBATN'S CUSTODY 8 SINCE YOU CAME INTO THE CASE, I DON'T CONTROL THEM, I 8 CASE AGAINST HIS GIRLFRIEND AT THE TIME. I THINK HER 9 HAVE NO CONTROL OVER THEM. THE DEPOSITION IS NOT BY 9 N1114E IS KAREN. 10 DEFINITION A PRIVATE PROCEEDING. AND YOU CAN DO 09:45:13 10 Q BY MR. RUBINER: DO YOU KNOW WHO CALLED YOU IN 11 WHATEVER YOU WANT BUT I -- WE HAVE THE VIDEOTAPE. I 11 THAT CASE? 12 HAVEN'T HEARD ANYTHING. IF SOMETHING, THEY'RE DOING OR 09:45:13 12 A GILFENBAIN, 13 SAYING SOMETHING IT WILL BE ON THE VIDEOTAPE AND WE CAN 09:45:13 13 Q STEVE GILFENBAIN? 14 DEAL WITH IT THEN. 09:45:13 14 A CORRECT. 09:45:13 15 MR. BISNO: I -- 09:15:13 15 Q OTHER THAN THE TESTIMONY CONCERNING 09:45:13 16 Q BY MR. RUBINER: HAVE YOU EVER - 16 MR. GILFENBAIN, DID YOU, HAVE YOU TESTIFIED AT ANY OTHER 09:15:13 17 MR. BISNO: I DISAGREE. A VIDEOTAPE CAPTURES THE 17 TRIALS? 18 IMAGES OF MR. OGULNICR AND I'VE MADE MY POSITION CLEAR. 09:45:13 1S A I DON'T RECALL. 19 IF THEY TRY TO DISRUPT IN ANY WAY MY CLIENT'S TESTIMONY 09:45:13 19 Q HAVE YOU EVER TESTIFIED AY AN ARBITRATION? 20 I WILL HAVE MY CLIENT LEAVE THE ROOM, AND YOUR 09:45:13 20 A NO. 21 CONTENTION THAT YOU DIDN'T ADVISE THEM OF THIS IS 09:45:13 21 Q ALTHOUGH YOU SEEM TO HAVE A GENERAL FAMILIARITY 09:15:13 22 NONSENSE, WE DIDN'T ADVISE THEM OF THIS. DID THEY GET 22 WITH THE DEPOSITION PROCESS AND I'M SURE YOUR COUNSEL 23 THE INFORMATION OUT OF THIN AIR? 23 PROBABLY EXPLAINED TO YOU WHAT'S GOING ON TODAY, JUST SO 09:45:13 24 MR. RUBINER: I DIDN'T SAY I DIDN'T ADVISE ANYBODY 24 WE'RE ALL ON THE SAME PAGE I'M GOING TO JUST GO OVER 25 ABOUT THE NATURE OF THE DEPOSITION. I SAID THAT IT'S A 25 GENERALLY WHAT'S HAPPENING TODAY. 101 12 Dalesandro vs. Ogulnick Deposition of Ryan Andrew Ogulnick, Vol. I August 13, 2012