Including information about his associates
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 FOR THE COUNTY OF SAN DIEGO, NORTH COUNTY BRANCH
3 JUDGMENT DEBTOR EXAMINATION
4
)
5 LEGION FOR THE SURVIVAL OF )
FREEDOM, INC., A TEXAS CORPORATION, )
6 )
PLAINTIFF, )
7 )
)
8 VS. ) NO. N64584
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9 WILLIS CARTO, ET AL., )
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10 DEFENDANTS. )
________________________________________)
11
12 DEPOSITION OF WILLIS CARTO
13 TAKEN AT VISTA, CALIFORNIA
FEBRUARY 27, 1998
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16 KOLLEEN FREYMUELLER, REGISTERED PROFESSIONAL REPORTER
CERTIFICATE NO. 11230
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1 DEPOSITION OF WILLIS CARTO
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3 PURSUANT TO NOTICE TO TAKE DEPOSITION ON THE 27TH
4 DAY OF FEBRUARY 1998, COMMENCING AT THE HOUR OF 10:35
5 O'CLOCK A.M., AT 325 S. MELROSE, DEPARTMENT D, IN THE
6 CITY OF VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
7 BEFORE ME, KOLLEEN FREYMUELLER, CERTIFIED SHORTHAND
8 REPORTER IN AND FOR THE STATE OF CALIFORNIA, PERSONALLY
9 APPEARED:
10 WILLIS CARTO,
11 CALLED AS A WITNESS BY THE PLAINTIFF, WHO BEING BY ME
12 FIRST DULY SWORN, WAS THEREUPON EXAMINED IN SAID CAUSE.
13
14 APPEARANCES
15 FOR THE PLAINTIFF:
BY: ELIZABETH ARONSON, ESQ.
16 AND
BRYAN D. SAMPSON, ESQ.
17 2139 FIRST AVENUE
SAN DIEGO, CALIFORNIA 92101
18 (619) 557-9420
19 FOR THE DEFENDANTS:
J. BRIAN URTNOWSKI & ASSOCIATES
20 BY: J. BRIAN URTNOWSKI, ESQ.
4695 MACARTHUR COURT, SUITE 590
21 NEWPORT BEACH, CALIFORNIA 92660
(714) 752-5370
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1 EXAMINATION 2 BY MS. ARONSON: 3 Q WOULD YOU PLEASE SPELL YOUR FULL NAME FOR 4 THE RECORD. 5 A WILLIS A. CARTO, W-I-L-L-I-S, A., CARTO, 6 C-A-R-T-O. 7 Q WHAT DOES THEASTAND FOR? 8 A ALLISON, A-, DOUBLE L, -I-S-O-N. 9 Q HAVE YOU EVER USED ANY OTHER NAMES BESIDES 10 THE ONE YOU HAVE JUST GIVEN US? 11 (DISCUSSION OFF THE RECORD.) 12 THE WITNESS: I RESPECTFULLY DECLINE TO 13 PROVIDE THAT ANSWER ASSERTING MY FIFTH AMENDMENT RIGHT 14 AGAINST SELF-INCRIMINATION. 15 BY MS. ARONSON: 16 Q HAVE YOU EVER USED THE NAME WILLIS CARZO, 17 C-A-R-Z-O? 18 (DISCUSSION OFF THE RECORD.) 19 THE WITNESS: NOT THAT I REMEMBER. 20 BY MS. ARONSON: 21 Q HAVE YOU EVER USED THE NAME WILL GARTO, 22 G-A-R-T-O? 23 A NOT THAT I RECALL. 24 Q HAVE YOU EVER USED THE NAME BILL CARTER, 25 C-A-R-T-E-R? 26 (DISCUSSION OFF THE RECORD.) 27 MR. URTNOWSKI: COULD YOU REPEAT THE 28 QUESTION? 4
1 BY MS. ARONSON:
2 Q HAVE YOU EVER USED THE NAME BILL CARTER,
3 C-A-R-T-E-R?
4 A YES.
5 Q HAVE YOU EVER USED THE NAME J.W. YOUNG?
6 MR. URTNOWSKI: WE ARE GOING TO TAKE A
7 BREAK.
8 (BRIEF BREAK TAKEN.)
9 MS. ARONSON: BACK ON THE RECORD.
10 MR. URTNOWSKI: COULD YOU READ IT BACK,
11 PLEASE.
12 (THE RECORD WAS READ BY THE REPORTER.)
13 BY MS. ARONSON:
14 Q NOW THAT YOU HAVE HAD A CHANCE TO CONFER —
15 NOW THAT YOU HAVE CONFERRED WITH YOUR COUNSEL, I JUST
16 WANT TO UNDERSTAND WHETHER YOU HAD EVER USED THE NAME
17 J.W. YOUNG?
18 A I RESPECTFULLY DECLINE TO ANSWER ASSERTING
19 MY FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION.
20 Q HAVE YOU EVER USED NAME SAMUEL P. FONER,
21 F-O-N-E-R?
22 A NO.
23 Q HAVE YOU EVER GONE BY THE NAME FRANK
24 TOMPKINS, T-O-M-P-K-I-N-S?
25 A NO.
26 Q HAVE YOU EVER USED THE NAME E.L. ANDERSON?
27 A YES.
28 Q HAVE YOU REPRESENTED THAT YOU WERE A PH.D.?
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1 A NO.
2 Q DO YOU, IN FACT, HOLD A PH.D., SIR?
3 A NO.
4 Q HAVE YOU EVER USED THE NAME A. CLIENT,
5 C-L-I-E-N-T?
6 A NO.
7 (DISCUSSION OFF THE RECORD.)
8 THE WITNESS: I BETTER SAY I DON'T KNOW. I
9 DON'T REMEMBER ANY SUCH —
10 BY MS. ARONSON:
11 Q IS THAT YOUR ANSWER OR YOUR COUNSEL'S, SIR?
12 MR. URTNOWSKI: THAT IS HIS ANSWER. IF
13 IT’s MY ANSWER, I WILL PUT IT ON THE RECORD.
14 MS. ARONSON: I WAS JUST ASKING WHETHER
15 THAT IS HIS ANSWER.
16 MR. URTNOWSKI: THAT IS HIS ANSWER. IT’s
17 NOT MY ANSWER. I'M NOT UNDER TESTIMONY HERE. WHEN I
18 GIVE AN ANSWER, I WILL PUT IT ON THE RECORD, COUNSEL.
19 MS. ARONSON: I JUST WANTED TO MAKE SURE
20 THAT WAS CLEAR. THANK YOU, SIR.
21 Q CAN I PLEASE HAVE YOUR DATE OF BIRTH?
22 A I RESPECTFULLY DECLINE TO PROVIDE THIS
23 INFORMATION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
24 SELF-INCRIMINATION.
25 Q IS JULY 17TH, 1926, YOUR BIRTHDAY?
26 (DISCUSSION OFF THE RECORD.)
27 THE WITNESS: I RESPECTFULLY DECLINE TO
28 PROVIDE THIS INFORMATION ASSERTING MY FIFTH AMENDMENT
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1 RIGHT AGAINST SELF-INCRIMINATION.
2 BY MS. ARONSON:
3 Q WHAT IS YOUR SOCIAL SECURITY NUMBER, SIR?
4 A I RESPECTFULLY DECLINE TO ANSWER THAT
5 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
6 SELF-INCRIMINATION.
7 Q WHAT IS YOUR PRESENT RESIDENCE?
8 A I —
9 (DISCUSSION OFF THE RECORD.)
10 THE WITNESS: WASHINGTON D.C.
11 BY MS. ARONSON:
12 Q AND THE FULL ADDRESS, SIR?
13 A 130 THIRD STREET, SOUTHEAST.
14 Q ZIP CODE?
15 A 20003.
16 Q IS THIS A HOUSE OR AN APARTMENT?
17 A APARTMENT.
18 Q AND DO YOU OWN THIS APARTMENT, OR DO YOU
19 RENT?
20 A RENT.
21 Q WHAT IS THE NAME OF YOUR LANDLADY, SIR, OR
22 LANDOWNER?
23 (DISCUSSION OFF THE RECORD.)
24 MR. URTNOWSKI: WE'RE GOING OFF THE
25 RECORD.
26 (BRIEF BREAK TAKEN.)
27 MR. URTNOWSKI: COULD YOU READ THE QUESTION
28 BACK, PLEASE?
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1 (THE RECORD WAS READ BY THE REPORTER.)
2 THE WITNESS: WILLIAM REYNOLDS.
3 BY MS. ARONSON:
4 Q DO YOU HAVE MR. REYNOLDS' ADDRESS, SIR?
5 A NO.
6 Q DO YOU HAVE A TELEPHONE NUMBER AT WHICH
7 MR. REYNOLDS CAN BE REACHED?
8 A NO.
9 MS. ARONSON: WOULD YOU PLEASE READ BACK
10 THE ADDRESS THAT WAS GIVEN?
11 (THE RECORD WAS READ BY THE REPORTER.)
12 BY MS. ARONSON:
13 Q SIR, YOU HAVE STATED THAT 130 THIRD STREET
14 WAS YOUR RESIDENCE.
15 IS THAT AN APARTMENT OR AN OFFICE?
16 A APARTMENT.
17 Q DO YOU HAVE ANY OFFICES LOCATED AT THAT
18 SAME ADDRESS?
19 (DISCUSSION OFF THE RECORD.)
20 MR. URTNOWSKI: COULD YOU REPHRASE THE
21 QUESTION, PLEASE.
22 MS. ARONSON: SURE. I'D BE HAPPY TO.
23 Q IS THAT APARTMENT ALSO SERVED AS AN OFFICE
24 FOR ANY REASON?
25 A YES.
26 Q WHAT WOULD THAT BE THE OFFICE OF, SIR?
27 A WELL, I HAVE AN OFFICE THERE.
28 Q OFFICE FOR ANY PARTICULAR COMPANY OR
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1 CORPORATION?
2 A YES.
3 Q AND WHAT COMPANY, SIR?
4 A LIBERTY LOBBY.
5 Q DO YOU HAVE ANY OTHER RESIDENCES WITHIN THE
6 WASHINGTON D.C. AREA?
7 A NO.
8 Q DO YOU HAVE ANY OTHER RESIDENCES AT ALL?
9 A NO.
10 Q DO YOU HAVE A RESIDENCE HERE IN ESCONDIDO,
11 CALIFORNIA?
12 A I HAVE AN OFFICE.
13 Q WHERE IS THAT OFFICE LOCATED, SIR?
14 A 1718 Quail Ridge ROAD.
15 Q WOULD THAT BE AN OFFICE BUILDING?
16 A NO.
17 Q WHAT TYPE OF STRUCTURE IS THAT, SIR?
18 A IT’s A HOUSE.
19 Q HOW MANY ROOMS ARE IN THAT HOUSE?
20 (DISCUSSION OFF THE RECORD.)
21 THE WITNESS: WELL, MY OFFICE IS ONE ROOM.
22 BY MS. ARONSON:
23 Q THAT WASN'T THE QUESTION, SIR.
24 THE QUESTION IS: HOW MANY ROOMS ARE
25 LOCATED IN THAT HOUSE?
26 MR. URTNOWSKI: OBJECTION. RELEVANCE.
27 INSTRUCTING THE WITNESS NOT TO ANSWER. IT HAS NO BEARING
28 ON ATTEMPT TO COLLECT A JUDGMENT, HOW MANY ROOMS ARE IN
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1 THIS HOUSE.
2 MS. ARONSON: OBJECTION IS NOTED. ARE YOU
3 INSTRUCTING THE —
4 MR. URTNOWSKI: THAT IS WHAT I SAID. I
5 INSTRUCT THE WITNESS NOT TO RESPOND.
6 BY MS. ARONSON:
7 Q DOES ANYBODY RESIDE AT THIS HOUSE?
8 A I RESPECTFULLY DECLINE TO PROVIDE AN ANSWER
9 TO THAT QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT
10 AGAINST SELF-INCRIMINATION.
11 Q DOES ANY OTHER PERSON HAVE AN OFFICE WITHIN
12 THIS OFFICE?
13 A I RESPECTFULLY DECLINE TO PROVIDE THIS
14 INFORMATION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
15 SELF-INCRIMINATION.
16 Q HAVE YOU, YOURSELF, EVER HELD RESIDENCE
17 WITHIN THIS HOUSE?
18 (DISCUSSION OFF THE RECORD.)
19 THE WITNESS: I RESPECTFULLY DECLINE TO
20 PROVIDE THIS INFORMATION ASSERTING MY FIFTH AMENDMENT
21 RIGHT AGAINST SELF-INCRIMINATION.
22 BY MS. ARONSON:
23 Q WHO OWNS THE PROPERTY AT 1718 Quail Ridge
24 ROAD?
25 A I RESPECTFULLY DECLINE TO PROVIDE THIS
26 INFORMATION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
27 SELF-INCRIMINATION.
28 Q MR. CARTO, I HAVE INFORMATION THAT YOU HAD
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1 BEEN SUBPENAED TO BRING DOCUMENTS WITH YOU HERE TODAY. 2 HAVE YOU BROUGHT ANY OF THOSE DOCUMENTS? 3 A I RESPECTFULLY DECLINE TO PROVIDE ANY 4 DOCUMENTS ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST 5 SELF-INCRIMINATION. 6 Q THAT WAS MY NEXT QUESTION. 7 BUT THE ANSWER TO THAT QUESTION ISNO,8 CORRECT? 9 A CORRECT. 10 Q MR. CARTO, DO YOU HAVE ANY INTENTION OF 11 ANSWERING ANY QUESTIONS WITH REGARDS TO YOUR ASSETS AT 12 THIS TIME? 13 MR. URTNOWSKI: DEPENDS HOW THE QUESTIONS 14 ARE PHRASED. 15 MS. ARONSON: I'M SORRY. IS THAT 16 MR. Carto’s ANSWER? 17 MR. URTNOWSKI: THAT IS MY ANSWER AS HIS 18 COUNSEL. 19 THE WITNESS: THAT IS MY ANSWER. 20 BY MS. ARONSON: 21 Q DO YOU HAVE ANY INTENTION TO ANSWER ANY 22 QUESTIONS REGARDING THE LOCATION OF ASSETS AT THIS TIME? 23 MR. URTNOWSKI: IT’s OVERBROAD. INSTRUCT 24 THE WITNESS NOT TO ANSWER. IT’s AMBIGUOUS. 25 MS. ARONSON: TAKE A TWO-SECOND BREAK. 26 (BRIEF BREAK TAKEN.) 27 BY MS. ARONSON: 28 Q MR. CARTO, ARE YOU CARRYING A WALLET WITH 11
1 YOU TODAY, SIR?
2 A YES.
3 Q WOULD YOU MIND PLEASE TAKING OUT THAT
4 WALLET.
5 MR. URTNOWSKI: YES, HE WOULD.
6 MS. ARONSON: IS THAT A PROPER OBJECTION?
7 THE WITNESS: I RESPECTFULLY DECLINE TO
8 COMPLY ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
9 SELF-INCRIMINATION.
10 BY MS. ARONSON:
11 Q SIR, DO YOU OWN ANY BANK ACCOUNTS?
12 A I RESPECTFULLY DECLINE TO ANSWER THAT
13 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
14 SELF-INCRIMINATION.
15 Q MR. CARTO, DO YOU OWN ANY AUTOMOBILES?
16 A I RESPECTFULLY DECLINE TO ANSWER ASSERTING
17 MY FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION.
18 Q DO YOU DRIVE A CAR?
19 A YES.
20 Q WHAT IS THE YEAR, MAKE AND MODEL NUMBER OF
21 THAT CAR?
22 A I RESPECTFULLY DECLINE TO ANSWER THAT
23 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
24 SELF-INCRIMINATION.
25 Q MR. CARTO, DO YOU OWN ANY REAL PROPERTY?
26 A I RESPECTFULLY DECLINE TO ANSWER THAT
27 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
28 SELF-INCRIMINATION.
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1 Q DO YOU OWN ANY JEWELRY?
2 A I RESPECTFULLY DECLINE TO PROVIDE THAT
3 INFORMATION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
4 SELF-INCRIMINATION.
5 Q MR. CARTO, DO YOU OWN ANY PROPERTY VALUED
6 AT OVER $500?
7 A I RESPECTFULLY DECLINE TO ANSWER THAT
8 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
9 SELF-INCRIMINATION.
10 Q MR. CARTO, DO YOU HAVE ANY INSURANCE TO
11 COVER PERSONAL PROPERTY?
12 A I RESPECTFULLY DECLINE TO ANSWER THAT
13 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
14 SELF-INCRIMINATION.
15 Q MR. CARTO, DO YOU BELONG TO ANY COUNTRY
16 CLUBS?
17 A I RESPECTFULLY DECLINE TO ANSWER THAT
18 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
19 SELF-INCRIMINATION.
20 Q DO YOU BELONG TO ANY PROFESSIONAL OR
21 NONPROFESSIONAL ORGANIZATIONS?
22 A I RESPECTFULLY DECLINE TO ANSWER THAT
23 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
24 SELF-INCRIMINATION.
25 Q DO YOU HAVE A SAFE-DEPOSIT BOX?
26 A I RESPECTFULLY DECLINE TO ANSWER THAT
27 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
28 SELF-INCRIMINATION.
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1 Q DO YOU HAVE ANY FINANCIAL ACCOUNTS IN ANY
2 FOREIGN COUNTRIES?
3 A I RESPECTFULLY DECLINE TO ANSWER THAT
4 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
5 SELF-INCRIMINATION.
6 Q MR. CARTO, DO YOU OWN ANY BONDS?
7 A I RESPECTFULLY DECLINE TO ANSWER THAT
8 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
9 SELF-INCRIMINATION.
10 Q DO YOU OWN ANY PATENT RIGHTS?
11 A I RESPECTFULLY DECLINE TO ANSWER THAT
12 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
13 SELF-INCRIMINATION.
14 Q MR. CARTO, DO YOU USE AN ACCOUNTANT?
15 A I RESPECTFULLY DECLINE TO ANSWER THAT
16 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
17 SELF-INCRIMINATION.
18 Q DO YOU CURRENTLY WORK?
19 (DISCUSSION OFF THE RECORD.)
20 THE WITNESS: I RESPECTFULLY DECLINE TO
21 ANSWER THAT QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT
22 AGAINST SELF-INCRIMINATION.
23 BY MS. ARONSON:
24 Q MR. CARTO, HAVE YOU MADE ANY LOANS TO
25 ANYONE?
26 A I RESPECTFULLY DECLINE TO ANSWER THAT
27 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
28 SELF-INCRIMINATION.
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1 Q DO YOU HAVE ANY JUDGMENTS IN WHICH YOU ARE 2 A JUDGMENT CREDITOR? 3 A I RESPECTFULLY DECLINE TO ANSWER THAT 4 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST 5 SELF-INCRIMINATION. 6 Q OKAY. IT MIGHT HELP IF YOU SAY,I TAKE 7 THE FIFTH.WE CAN SHORTEN THESE PROCEEDINGS A LITTLE 8 BIT. HOW’s THAT? 9 A FINE. 10 MR. URTNOWSKI: MR. CARTO, RESPOND ANY WAY 11 YOU FEEL COMFORTABLE. 12 BY MS. ARONSON: 13 Q AND YOU'RE WELCOME TO DO THAT, ALSO. 14 MR. CARTO, DO YOU HAVE A KEY CHAIN WITH YOU 15 TODAY? 16 A SORRY? 17 Q DO YOU HAVE A KEY CHAIN WITH YOU? 18 A NO. 19 Q DO YOU HAVE ANY KEYS IN YOUR POSSESSION AT 20 THE MOMENT? 21 A NO. 22 Q DO YOU KNOW IF THERE ARE ANY TAX LIENS 23 FILED AGAINST YOU? 24 A I RESPECTFULLY DECLINE TO ANSWER THAT 25 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST 26 SELF-INCRIMINATION. 27 Q WHILE ON THE RECORD, I'D LIKE TO SERVE YOU 28 WITH A COUPLE OF ITEMS. FIRST, THIS IS A COPY OF THE 15
1 ORDER TO SHOW CAUSE REGARDING CONTEMPT, WHICH WE HAD DONE
2 TODAY.
3 MR. URTNOWSKI: THANK YOU.
4 MS. ARONSON: THANK YOU.
5 MR. URTNOWSKI: I CAN SERVE THIS FOR YOU.
6 MS. ARONSON: THANK YOU. JUST A MOMENT
7 PLEASE.
8 (DISCUSSION OFF THE RECORD.)
9 BY MS. ARONSON:
10 Q SIR, ARE YOU MARRIED?
11 A YES.
12 Q WHAT IS YOUR WIFE’s NAME?
13 A ELISABETH.
14 Q ELISABETH.
15 AND DOES SHE SHARE YOUR LAST NAME?
16 A YES.
17 Q DOES SHE HAVE ANY OTHER NAMES, A MIDDLE
18 NAME?
19 A WELL, I DON'T KNOW. SHE IS MARRIED, AND SO
20 I GUESS HER NAME IS MRS. WILLIS CARTO.
21 Q AND DO YOU KNOW IF YOUR WIFE HAS A MIDDLE
22 NAME?
23 A WELL, BEFORE SHE WAS — YES.
24 Q WHAT IS THAT NAME?
25 A HER MIDDLE NAME IS ELISABETH.
26 Q AND HER FIRST NAME IS ALSO ELISABETH?
27 A NO.
28 Q WHAT IS HER FIRST NAME, SIR?
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1 A WALTRAUB, W-A-L-T-R-A-U-B.
2 Q WHAT IS HER MAIDEN NAME, SIR?
3 A I RESPECTFULLY DECLINE TO ANSWER THAT
4 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
5 SELF-INCRIMINATION.
6 Q HAVE YOU EVER BEEN MARRIED PRIOR TO THIS
7 TIME?
8 (DISCUSSION OFF THE RECORD.)
9 THE WITNESS: I RESPECTFULLY DECLINE TO
10 ANSWER THAT QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT
11 AGAINST SELF-INCRIMINATION.
12 BY MS. ARONSON:
13 Q DO YOU KNOW WHETHER OR NOT YOUR WIFE HAS
14 HAD ANY PREVIOUS MARRIAGES?
15 A I RESPECTFULLY DECLINE TO ANSWER THAT
16 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
17 SELF-INCRIMINATION.
18 Q DO YOU KNOW WHETHER OR NOT YOUR WIFE OWNS
19 ANY BANK ACCOUNTS?
20 A I RESPECTFULLY DECLINE TO ANSWER THAT
21 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
22 SELF-INCRIMINATION.
23 Q DO YOU KNOW WHETHER OR NOT YOUR WIFE OWNS
24 ANY VEHICLES?
25 A I RESPECTFULLY DECLINE TO ANSWER THAT
26 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
27 SELF-INCRIMINATION.
28 Q DO YOU KNOW WHETHER OR NOT YOUR WIFE OWNS
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1 ANY OTHER ASSETS OVER $500?
2 A I RESPECTFULLY DECLINE TO ANSWER THAT
3 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
4 SELF-INCRIMINATION.
5 Q IS YOUR WIFE PRESENTLY EMPLOYED?
6 A I RESPECTFULLY DECLINE TO ANSWER THAT
7 QUESTION ASSERTING MY FIFTH AMENDMENT RIGHT AGAINST
8 SELF-INCRIMINATION.
9 Q WHILE WE'RE ALSO ON RECORD, I WILL SUBMIT
10 TO YOU AND SERVE YOU WITH A NOTICE OF ASSOCIATION OF
11 COUNSEL.
12 MR. URTNOWSKI: WE ALREADY RECEIVED IT THIS
13 MORNING.
14 BY MS. ARONSON:
15 Q WHILE WE'RE AT IT, I WILL SERVE YOU WITH A
16 NOTICE OF LIEN ON THE LAWSUIT WILLIS CARTO VERSUS LARRY
17 ROOKER, R-O-O-K-E-R.
18 MR. URTNOWSKI: WE RECEIVED THIS THIS
19 MORNING.
20 MS. ARONSON: OKAY. GIVE ME TWO SECONDS.
21 I THINK WE'RE ALL FINISHED HERE. I DON'T HAVE AN EXTRA
22 COPY. I WOULD LIKE TO MAKE THE COPY OF THE SUBPENA AS
23 EXHIBIT 1.
24 MR. URTNOWSKI: THAT IS FINE. JUST ATTACH
25 IT.
26 MS. ARONSON: ATTACH THIS AS EXHIBIT 1 AS A
27 SUBPENA FOR TODAY. THAT WILL CONCLUDE TODAY’s
28 PROCEEDINGS.
18
1 (THE ABOVE-DESCRIBED DOCUMENT WAS MARKED
2 EXHIBIT 1, RESPECTIVELY, FOR IDENTIFICATION
3 BY THE REPORTER.)
4 MR. URTNOWSKI: THANK YOU.
5 CAN I GET A COPY OF THAT?
6 MR. SAMPSON: MY NAME IS BRIAN SAMPSON.
7 LET’s ENTER INTO A STIPULATION WITH
8 MR. URTNOWSKI THAT THE COURT REPORTER WILL PREPARE THE
9 TRANSCRIPT, SEND A COPY TO OUR OFFICE, THE ORIGINAL TO
10 MR. URTNOWSKI’s OFFICE. MR. URTNOWSKI WILL THEN MEET
11 WITH HIS CLIENT AND REVIEW AND MAKE ANY REVISIONS TO
12 THAT. GIVEN THE FACT THAT WE HAVE A HEARING ON APRIL THE
13 10TH, HOW LONG WILL YOU NEED TO REVIEW AND RETURN THAT TO
14 US?
15 MR. URTNOWSKI: OFF THE RECORD.
16 (DISCUSSION OFF THE RECORD.)
17 MR. SAMPSON: BACK ON THE RECORD.
18 MR. URTNOWSKI INDICATED THAT IF HE HAS THE
19 DEPOSITION WITHIN A WEEK, THEN HE WOULD NEED AN
20 ADDITIONAL TWO WEEKS. THAT PUTS IT TO MARCH 20TH AT THE
21 LATEST.
22 MR. URTNOWSKI: REAL SIMPLE, WHENEVER WE
23 GET IT, WE WILL GET IT OUT IN TWO WEEKS BUT NO LATER THAN
24 MARCH 20TH.
25 MR. SAMPSON: I NEED A DROP-DEAD DATE. I
26 NEED A TIME PERIOD TO RESPOND TO YOUR MOTION.
27 MR. URTNOWSKI: OFF THE RECORD.
28 (DISCUSSION OFF THE RECORD.)
19
1 MR. SAMPSON: BACK ON THE RECORD.
2 WE'VE AGREED THAT AS LONG AS THE COURT
3 REPORTER IS AMENABLE, WHICH SHE SAYS SHE IS, IT SHOULDN'T
4 BE A PROBLEM. THAT IF YOU GET IT TO US WITHIN A WEEK,
5 THEN BY THE 20TH MR. CARTO WILL HAVE REVIEWED IT AND
6 RETURNED A COPY TO OUR OFFICE, TELEFAX OR MAIL, WHATEVER
7 IS EASIER FOR YOU IS FINE. AND IF HE DOESN'T REVIEW AND
8 SIGN IT BY THE 20TH OF MARCH, THEN A CERTIFIED COPY FROM
9 THE COURT REPORTER MAY BE USED IN LIEU OF THE ORIGINAL.
10 MR. URTNOWSKI: SO STIPULATED.
11 (DEPOSITION CONCLUDED AT 11:05 A.M.)
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5 I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY UNDER THE
6 LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS
7 TRUE AND CORRECT.
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9 _________________________DATE
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12 _________________________SIGNATURE
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1
STATE OF CALIFORNIA)
2 :
COUNTY OF SAN DIEGO)
3
4
5 I, KOLLEEN FREYMUELLER, A CERTIFIED SHORTHAND
6 REPORTER, CERTIFICATE NO. 11230, DO HEREBY CERTIFY THAT
7 THE WITNESS IN THE FOREGOING DEPOSITION WAS BY ME FIRST
8 DULY SWORN TO TESTIFY TO THE TRUTH, THE WHOLE TRUTH, AND
9 NOTHING BUT THE TRUTH IN THE FOREGOING CAUSE; THAT THE
10 DEPOSITION WAS THEN TAKEN BEFORE ME AT THE TIME AND PLACE
11 HEREIN NAMED; THAT SAID DEPOSITION WAS REPORTED BY ME IN
12 SHORTHAND AND THEN TRANSCRIBED THROUGH COMPUTER-AIDED
13 TRANSCRIPTION, AND THE FOREGOING TRANSCRIPT CONTAINS A
14 TRUE RECORD OF THE DEPOSITION OF SAID WITNESS.
15 I DO FURTHER CERTIFY THAT I AM A DISINTERESTED
16 PERSON AND AM IN NO WAY INTERESTED IN THE OUTCOME OF THIS
17 ACTION OR CONNECTED WITH OR RELATED TO ANY OF THE PARTIES
18 IN THIS ACTION OR TO THEIR RESPECTIVE COUNSEL.
19 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND ON
20 THIS______DAY OF________________, 1998, AT SAN DIEGO
21 COUNTY, CALIFORNIA.
22
23 ___________________________________________
24 KOLLEEN FREYMUELLER
CERTIFICATE NO. 11230
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