October Transcript | |
File Size: | 5992 kb |
File Type: |
Respondent makes appearance with Counsel, Mr. Sussman
1(8)-1(10)
Petitioner and Respondent are sworn in as witnesses
1(20)-2(5)
1(8)-1(10)
Petitioner and Respondent are sworn in as witnesses
1(20)-2(5)
Court brings session to order on two Requests for Order.
2(6)-2(16)
Counsel for respondent points out that Petitioner has already agreed to sell house to Respondent, Court agrees.
2(21)-2(25)
2(6)-2(16)
Counsel for respondent points out that Petitioner has already agreed to sell house to Respondent, Court agrees.
2(21)-2(25)
Counsel for Respondent states that Petitioner has agreed to sell house for $849,000, Court agrees and denies Request for Reconsideration.
2(26)-3(6)
Petitioner’s Counsel requests that attorneys’ fees be awarded to Petitioner as a result of denial of Request.
3(7)-3(12)
Court asks if Petitioner Counsel included declaration in Response, Petitioner Counsel states that Petitioner Counsel did not but will include in motion requesting attorney fees.
3(13)-3(18)
Respondent Counsel objects, explains that Respondent’s first language is not English
3(19)-3(25)
Petitioner Counsel says Respondent denied interpreter in 2009, blames Respondent for extended case.
3(26)-4(3)
Respondent’s Counsel objects again to the request for attorney fees.
4(10)-4(12)
Court cannot find provision for automatically awarded attorney fees.
4(13)-4(15)
Petitioner Counsel does not have such a section, references CCP 1008.
4(17)-4(19)
Court refuses to rule on matter until Petitioner Counsel files a Motion.
4(20)-4(23)
4(10)-4(12)
Court cannot find provision for automatically awarded attorney fees.
4(13)-4(15)
Petitioner Counsel does not have such a section, references CCP 1008.
4(17)-4(19)
Court refuses to rule on matter until Petitioner Counsel files a Motion.
4(20)-4(23)
Court requests next matter, Respondent Counsel states Wilshire Escrow funds, Court agrees.
4(28)-5(3)
Court states that contentions over mortgage funds must be settled by accounting.
5(4)-5(14)
Court states agreement with Respondent that credit card debts should have been paid from escrow funds.
5(15)-5(19)
Court raises concern of state levy.
5(19)-5(25)
4(28)-5(3)
Court states that contentions over mortgage funds must be settled by accounting.
5(4)-5(14)
Court states agreement with Respondent that credit card debts should have been paid from escrow funds.
5(15)-5(19)
Court raises concern of state levy.
5(19)-5(25)
Court states that Respondent stated that Judgment did not include reimbursements for repairs to Barrington Property.
5(26)-6(1)
Court acknowledges that permits have been entered into exhibits, but requests accounting and refuses to rule on reimbursements.
6(2)-6(7)
Petitioner Counsel states that Petitioner filed a number of $199,625.05 for tax liabilities and requests that this number be accepted by Court.
6(8)-6(17)
Petitioner Counsel mentions that Respondent's reply was seven pages instead of five, claims that tax number was not mentioned
6(18)-6(23)
Court feels Respondent mentioned but did not explain number
6(24)-6(27)
5(26)-6(1)
Court acknowledges that permits have been entered into exhibits, but requests accounting and refuses to rule on reimbursements.
6(2)-6(7)
Petitioner Counsel states that Petitioner filed a number of $199,625.05 for tax liabilities and requests that this number be accepted by Court.
6(8)-6(17)
Petitioner Counsel mentions that Respondent's reply was seven pages instead of five, claims that tax number was not mentioned
6(18)-6(23)
Court feels Respondent mentioned but did not explain number
6(24)-6(27)
Petitioner asks to testify, states that Respondent is in error.
6(28)-7(5)
Respondent Counsel objects and is overruled.
7(5)-7(8)
Petitioner claims Respondent threatened blackmail, Respondent Counsel objects.
7(9)-7(15)
Court does not allow Petitioner’s claim, requests hard evidence
7(16)-7(22)
6(28)-7(5)
Respondent Counsel objects and is overruled.
7(5)-7(8)
Petitioner claims Respondent threatened blackmail, Respondent Counsel objects.
7(9)-7(15)
Court does not allow Petitioner’s claim, requests hard evidence
7(16)-7(22)
Petitioner claims Respondent was overheard speaking regarding reporting funds to the IRS, and that there are phone records. Respondent Counsel objects.
7(23)-8(9)
Petitioner Counsel claims he overheard phone calls regarding reporting to IRS.
8(11)-8(16)
Court requests accounting of escrow funds and transaction history in order to make decision.
8(20)-8(28)
7(23)-8(9)
Petitioner Counsel claims he overheard phone calls regarding reporting to IRS.
8(11)-8(16)
Court requests accounting of escrow funds and transaction history in order to make decision.
8(20)-8(28)
Respondent Counsel informs Court that property is at risk of foreclosure after price has been set to $849,000
9(3)-9(12)
Respondent Counsel offers letter as evidence to Court, asserts not only that Petitioner has not been paying Petitioner’s half of mortgage but that Respondent has been paying mortgage for both Respondent and Petitioner to project house
9(13)-9(19)
9(3)-9(12)
Respondent Counsel offers letter as evidence to Court, asserts not only that Petitioner has not been paying Petitioner’s half of mortgage but that Respondent has been paying mortgage for both Respondent and Petitioner to project house
9(13)-9(19)
Petitioner Counsel objects, Respondent Counsel replies with contents of Reply Declaration, Petitioner Counsel claims the Petitioner paid Respondent and claims respondent misused money
9(20)-10(5)
Petitioner Counsel presents claimed Wilshire Escrow Statement, and claims that funds have been removed by Franchise Tax Board and Internal Revenue Service. Petitioner Counsel claims that this statement is accurate, verifies that it is three (3) years old.
10(6)-10(21)
9(20)-10(5)
Petitioner Counsel presents claimed Wilshire Escrow Statement, and claims that funds have been removed by Franchise Tax Board and Internal Revenue Service. Petitioner Counsel claims that this statement is accurate, verifies that it is three (3) years old.
10(6)-10(21)
Petitioner Counsel recounts other withdrawals on account, suggests there may be more.
10(24)-11(2)
Respondent Counsel claims $79,000 are in account, Court requests accounting.
11(3)-11(10)
Respondent Counsel verifies that Respondent can purchase home from Petitioner.
11(16)-11(18)
10(24)-11(2)
Respondent Counsel claims $79,000 are in account, Court requests accounting.
11(3)-11(10)
Respondent Counsel verifies that Respondent can purchase home from Petitioner.
11(16)-11(18)
Respondent Counsel reminds Court that there are Capital Gains issues with property.
12(3)-12(5)
Petitioner Counsel claims that Capital Gains issue was never raised, Court states that taxes should have been dealt with the year of the sale
12(6)-12(17)
Court requests accounting of escrow accounts.
12(18)-12(25)
12(3)-12(5)
Petitioner Counsel claims that Capital Gains issue was never raised, Court states that taxes should have been dealt with the year of the sale
12(6)-12(17)
Court requests accounting of escrow accounts.
12(18)-12(25)
Court suggests date in January to settle accounting of escrow funds
13(6)-13(22)
Court confirms Respondent is free to buy property.
13(24)-13(26)
13(6)-13(22)
Court confirms Respondent is free to buy property.
13(24)-13(26)
Petitioner Counsel requests calling or faxing escrow company, Court raises concerns of hearsay
14(9)-14(13)
Respondent’s Counsel objects, court does not approve phone call
14(22)
14(9)-14(13)
Respondent’s Counsel objects, court does not approve phone call
14(22)
Court sets return date for 16th, both Counsel agree
14(26)-15(10)
Court affirms that parties can settle property purchase out of Court, confirms that issue of property price has been settled.
15(18)-15(27)
14(26)-15(10)
Court affirms that parties can settle property purchase out of Court, confirms that issue of property price has been settled.
15(18)-15(27)
Petitioner Counsel asks that Petitioner address the Court, Court responds that Respondent has followed the Court instructions and that Court is confident issues will be resolved soon.
16(13)-17(8)
16(13)-17(8)