Original CONFIDENTIAL CONTAINS CONFIDENTIAL INFORMATION SUPERIOR.COURE OF THE STAEE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO SAN DIEGAHS FOR OPEN GOVERNMENT, Plaintiff, Case NO.: 3?~2012?00088065 VS. CITY OF SAN and ALL PERSONS INTERESTED IN THE EETTER OF THE RENEWAL BE THE SEN DIEGO TOURISM MEREETINE DISTRICT, THE 0F ASSESSMENTS UPON THE ASSESSED BUSINESSES FOR A PERIOD OF END TEARS, SEE THE PRESCRIBIHG OF A METHOD FOR COLLECTION OF ASSESSMENTS, Defendants. uuwyuwvuuwuwvuvU?rv CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER VIDEOTAPED DEPOSITION 0F SARICHIA CBCCIAEORE San Diego, California December 1, 2014 REPDREED BY: LYNETTE MERIE HELSDN, CSR HO. 11585r RPR ORE1 CORE1 REALTIME SYSTEMS ADMINISTRATOR I5 Peterson Reporting . . 'Ia" Truth and IechnulOgy: Idea Gomrenw' UideofText Strean 530 Street 80G 649 6353 free Pragmatic} Suite 350 6} 9 250 10-59 San Dieg?, CS 619 683 1933 fax a? Comma-X Gas: 9'21?1 Accurate, Fa CERTIFICATE I, the undersigned, do hereby certi?z tiiatl have read tiie foregoing deposition and that, to the best of my knowledge, said deposition is true and accurate (with the exception of the following changes iisted beiow). PAGE LINE No. No. Please turn to back of transcript and Sign the Penalty of Perjury page. CONTAINS CONFIDENTIAL INFORMATION Declaration Under Penalty of Perjury 5-: I, SARICHIA CACCIATORE, the witness herein, declare under penalty of perjury that I have read the foregoing in its entirety; and that the testimony contained therein, as cerrected by me, is a true and accurate transcription of my testimony elicited at said time and place. Executed this day of 20 at (city) {state} SARICHIA CACCIATORE Peterson Reporting, Video 85 Litigation Services 90 CONTAINS CONFIDENTIAL INFORMATION SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO SAN DIEGANS UFOR OPEN GOVERNMENT, Plaintiff, vs. Case No.: 37-2012-00088065 CU-MC-CTL CITY OF SAN and ALL PERSONS INTERESTED IN THE MATTER OF THE RENEWAL OF THE SAN DIEGO TOURISM MARKETING DISTRICT, THE LEVYING OF ASSESSMENTS UPON THE ASSESSED BUSINESSES FOR A PERIOD OF THIRTY-NINE AND ONE-HALF YEARS, AND THE PRESCRIEING OF A METHOD FOR COLLECTION OF ASSESSMENTS, Defendants. DEPOSITION OE SARICHIA CACCIATORE, taken by the Defendants, commencing at the hour of 9:53 a.m. on Monday, December 1, 2014, at 530 Street, Suite 350, San Diego, California, before Lynette Marie Nelson, Certified Shorthand Reporter in and for the State of California. Peterson Reporting, Video Litigation Services CONTAINS CONFIDENTIAL INFORMATION APPEARANCES: For the Plaintiff: BRIGGS LAW CORPORATION BY: CORY J. BRIGGS, ESQ. and BY: MEKEALA GLADDEN, ESQ. 99 East Street, Suite Upland, California 91786 For the Defendant San Diego Tourism Marketing District Corporation: COLANTUONO, HIGHSMITH WHATLEY, PC BY: JENNIFER L. PANCAKE, ESQ. 300 South Grand Avenue, Suite 2700 Los Angeles, 90071-3137 (213)542-5708 California For the Defendant City of San Diego: OFFICE OF THE SAN DIEGO CITY ATTORNEY BY: CATHERINE RICHARDSON, ESQ. 1200 Third Avenue, Suite 1100 San Diego, California 92101 (619)236-7726 Presiding: HON. WILLIAM PATE, JUDGE OF THE SUPERIOR COURT Also present: Abel Sibrel, the videographer Peterson Reporting, Video Litigation Services NI mmummnw CONTAINS CONFIDENTIAL INFORMATION I WITNESS: SARICHIA CACCIATORE EXAMINATION BY MS. PANCAKE BY MS. RICHARDSON BY MS. GLADDEN I I MARKED FOR IDENTIFICATION 1 Amended Notice of Deposition of Sarichia Cacciatore and Requests for Production of Documents 2 Declaration of S. Cacciatore 3 San Diegans For Open Government (SDOG) Membership Application 4 San Diegans For Open Government Membership Application fro Linda Perine Quitclaim Deed 6 The City of San Diego Office of the City Treasurer Application for Transient Occupancy Registration Certificate 7 Transient Occupancy Registration Certificate 8 Copy of mailing envelope Peterson Reporting, Video Litigation Services l-?E - PAGE 86 87 PAGE CONTAINS CONFIDENTIAL INFORMATION QUESTIONS WITNESS INSTRUCTED NOT TO ANSWER PAGE WitneSa signature page Certificate page Peterson Reporting, Video Litigation Services LINE CONTAINS CONFIDENTIAL INFORMATION THE Good morning. 09:53:49 The time on the record is 9:53 a.m. Today's date is December 2014. My name.is Abel Sibrelipith Peterson Reporting1 Video a Litigation Services. 09:53:58 The court reporter today is Lynette Nelson of Peterson Reporting located at 530 a Street, Suite 350, San Diego, California 92101. This begins the videotaped deposition of Sarichia Cacciatore testifying in the matter of 09:54:16 San Diegans for Open Government versus City of San'Diegor et al., Case No. taken at Peterson Reporting. Will counsel please identify yourselves and state whom you represent. 09:54:37 -MS. PANCAKE: Jennifer Pancake on behalf of Tourism Marketing District Corporation. MS. RICHARDSON: Catherine Richardson on behalf of City of San Diego. JUDGE PRTE: Judge William Pate here as a 09:54:48 referee. MS. Mekeala Gladden on behalf of San Diegans for Open Government. MR. BRIGGS: Cory Briggs for San Diegans for Open Government. 09:54:55 Peterson Reporting, Video Litigation Services CONTAINS CONFIDENTIAL INFORMATION THE COURT REPORTER: Can we go off the record 09:54:57 for one second? MR. BRIGGS: Sure. THE VIDEOGRAPHER: Off the record. Time is 9:55 a.m. 09:55:00 (A recess was taken.) THE Back on the record. Time is 10:02 a.m. (Witness sworn.) THE WITNESS: I do. 10:02:57 SARICHIA CACCIATORE, having been first duly sworn, testified as follows: EXAMINATION 10:02:58 BY MS. PANCAKE: Q. Good morning. Can you state your name and spell it for the record. A. Sure. My name is Sariohia 10:03:19 Q. Ms. what's your address? MR. BRIGGS: I'm going to object on right of privacy; instruct the witness not to answer. She's not going to give you any of her personal information. MS. PANCAKE: Your Honor, can we get a ruling 10:03:42 Peterson Reporting, Video Litigation Services CONTAINS CONFIDENTIAL on that? 10:03:43 JUDGE PATE: Is there some fear or basis for not wanting to give out an address? MR. BRIGGS: Yeah, and we've briefed it with Judge Wohlfeil before. You already know my relationship10:03:57 to the witness, I think -- . JUDGE FATE: Uh-huh. MR. BRIGGS: -- and I've received numerous death threats family. I'm not going to?disclose anything personal. 10:04:07 You need to serve her with a trial subpoena, you can personally serve it at my office accompanied by the appropriate witness fee. MS. PANCAKE: Okay. Thank you for that accommodation. That -- that's fine. 10:04:18 JUDGE PATE: So you can use his office address as an address. MS. PANCAKE: We'll use Mr. Briggs' office to serve the witness and that's fine. JUDGE PATE: Sounds fine. Okay. 10:04:30 MS. PANCAKE: That's fine with me. JUDGE PATE: Good resolution. Keep it up. BY MS. PANCAKE: Q. Ms. Cacciatore, what is your occupation? A. I am a travel agent. 10:04:39 Peterson Reporting, Video Litigation Services CONTAINS CONFIDENTIAL INFORMATION Q. How long have you been a travel agent? 10:04:4? A. About one year. Q. What was your occupation before this? A. I was an environmental planner. Q. And describe your work as an environmental 10:05:01 planner. A. Writing environmental impact reports, biological reports. Q. And how long were you an environmental planner? A. Thirteen years. 10:05:25 Q. Did you do any work in the environmental planning field pertaining to this lawsuit? A. No. Q. And have you done any work as an environmental planner in connection with other cases that San Diegans 10:05:40 for Open Government may be involved in? A. No. MR. BRIGGS: We should remind the court reporter that because this deposition is being done under a protective order, the transcript and the footer 10:05:55 on the pages needs to state contains confidential information. THE COURT REPORTER: Thank you. BY MS. PANCAKE: Q. Could you describe your educational background.l0:06:09 Peterson Reporting, Video 3.: LitigatiOn Services CONTAINS CONFIDENTIAL INFORMATION A. I have a bachelor?s in geography and urban 10:06:12 planning and a master's in environmental science. Ms. Cacciatore, have you ever had your deposition taken before? A. Nope. 10:06:24 Q. Okay. I'm going to go over some of the ground rules of the deposition just so that you understand what we're doing here. A. Okay. Q. I'm sure that you've -- I'm assuming that 10:06:31 you?ve already discussed this with your lawyer, but I'm going to go ahead and give you my ground rules so you and I can work together on this process. A. Okay. Q. The court reporter gave you an oath to tell the10:06:42 truth, and that's the same oath that you would take if you were in a courtroom testifying before a judge or a jury. Do you understand that? A. Yep. 10:06:53 Q. And are you going to be able to tell the truth in answer to the questions I ask today? A. Yes. i O. The court reporter is also taking down all of the spoken words that will occur here today and will 10:07:01 Peterson Reporting, Video Litigation Services 10 CONTAINS produce a booklet which we call the deposition transcript. The transcript will be sent to the office of Mr. Briggs and he will make it available to you to review, sign under penalty of perjury and make any changes that you feel may be necessary. 10:0?:21 Oftentimes, in a deposition transcript, there are words that are misspelled or there are terms of art that get used that are not quite the right -- they don't come out correctly on the transcript. And so witnesses often change change things in the transcript. However, if you make any substantive changes to any of the testimony that you give today, I, or any of the other lawyers, Will be able to comment on that fact at a later time and it could impeach or it could impact your credibility in a negative way. 3 Do you understand that? A. I do. Q. Okay. It's important that we get your best testimony here tdaayquestion and you answer it, I and the other lawyers will assume that 10:08:10 you understood the question. If I ask a question that you don?t understand, it's really important that you let me know that so I can formulate a question that you do understand so that we get your best testimony. A. Okay. 10:08:25 Peterson Reporting, Video Litigation Services 11 CONTAINS CONFIDENTIAL INFORMATION Q. So will you be able to let me know that? 10:00:25 A. I will. Q. Okay. And also, as we are communicating, sometimes my question, you may think you know what my question is and you may start answering it before I 10:08:36 completely get out all the words of my question. So it's important for you to let me finish asking my question, and I also will try not to cut you off on your answers so that I'm asking the next question. So it?s important that we leave some spaces in -s in the flow of10:03:52 the questions and the testimony today., A. Okay. Q. Could you do that? A. Yep. Q. The court reporter cannot take down two people 10:09:02 talking at exactly the same time. So that's one of the reasons that we do it. And then the other reason is just so that we have a nice clear record. Is there any reason that you are not able to give your best testimony here today? 10:09:are you taking any medication or do you have any physical or other issues that would prevent you from telling the truth in your answers? A. No. 10:09:31 Paterson Rope-Hing, Video Litigation Services 12 CONTAINS CONFIDENTIAL Q. And are you on any_medication or do you have l0:09:32 any physical or other issues that would prevent you from recalling facts that may have occurred at some point in the past? A. No. 10:09:44 Q. The other thing that we need to go over is that we we are entitled to your best testimony here today, but we don't want you to guess A. Uh-huh. Q. in any of your answers. 10:09:58 So if you have to guess or speculate, it?s better to let us know that you don?t know the answer and that you would have to guess. A. Okay. Q. On the other hand, we are entitled to your best10:10:0T estimate. And you can make an estimate based on your perception or your prior knowledge of facts related to the specific the specific issue. For example, if I ask you to estimate the length of this table, you can look at it, you can see the length, you don?t have a 10:l0:25 tape measure,so you're not going to be able to tell me exactly how many inches and quarter inches it is, but you can take a look at it because you can see it and you can formulate your best estimate. If I ask you to estimate the length of the 10:10:40 Peterson Reporting, 1Video Litigation Services 13 CONTAINS CONFIDENTLAL INFORMATION dining room table in my house, you would not be able 10:10:45 to to do that because you've never seen it. You don't know what it looks like. So that's sort of the the difference between a guess and an estimate. And will you be able to give us your best estimatgs here 10:10:54 today? A. Yes. Q. Ms. Cacciatore, have you ever filed any lawsuits in your personal capacity? A. No. 10:11:05 Q. Have you ever been a defendant in any lawsuits in your personal capacity? A. Maybe. Q. Okay. Why do you say "maybe"? A. So ask the Question again? 10:11:22 Q. Have you ever been a defendant in any lawsuits in your personal capacity? A. Yes. So yes. Q. What was the nature of the action? A. How do I put this? I?m thinking. Let's see. 10:11:43 So we were in a I was in a lawsuit for let?s see fraudulent ?w what did they do? Forging paperworkIr I guess; THE WITNESS: Actually. do I have this backwards? 10:12:14 Peterson Reporting, Video Litigation Services 14 MR. BRIGGS: CONTAINS CONFIDENTIAL INFORMATION You don't get to ask me any questions. MR. BRIGGS: THE WITNESS: Oh. You just give her your best testimony. something backwards, not the defendant, I was not the defendant. THE WITNESS: Okay. Okay. MR. BRIGGS: If you think you might have THE WITNESS: Actually, I was yeah, we're plaintiffs. Sorry. BY MS. PANCAKE: Q. You were you were the plaintiffs? A. Yes. So nevermind. Q. So you sued someone else for A. Yeah. Q. for fraudulent paperwork. Okay. When was that lawsuit? A. Four, five years ago maybe. Q. And was it filed in the County of San Diego? A. Yes. Q. Do you remember the defendant's name? A. Mitohell Collins. Q. Was what was the result of that lawsuit? A. In my benefit. So I won. Peterson Reporting, Video Litigation Services you're welcome to explain to her. 10:12:16 10:12:21 We were the10:12:27 10:12:32 10:12:41 10:13:12? 15 CONTAINS CONFIDENTIAL Did the case go to trial? No. Did it settle? Yes. Are you being represented by counsel today? Yes. Who is your counsel? Mekeala Gladden and Cory Briggs. When did you retain Mekeala Gladden and Cory Briggs to represent you in this matter? When I got the subpoena. And when was that? About two weeks ago. Had you retained either Mekeala Gladden or Gory Briggs prior to two weeks ago to represent you in this today? No. matter? Was that a No. Other than your attorneys. have you discussed the deposition with anyone else? No. What did you do to prepare for the deposition Petersen Reporting, Video Litigation Services 10:13:16 10:13:38 10:14:00 10:14:14 10:14:22 10:15:00 16 CONTAINS CONFIDENTIAL INFORMATION A. I read through your subpoena. 10:15:01 Q. Did you do anything else? A. Nepe. Q. Did you make any effort to locate any of the documents that were requested ?w 10:15:13 A. No. Q. in the subpoena? A. No. Q. Why not? A. Because I don't have any. 10:15:23 MR. BRIGGS: At this point, it's probably a good time for me to remind you, I don't know Catherine's heard it before, I know that Carmen has, this witness was designated on my client's discovery responses by mistake. My client's not relying on her 10:15:49 for standing for any other purpose of this lawsuit. I've made that known to you and Carmen on multiple occasions, not only orally but in writing. And so as far as we?re concerned, once those representations were made including an agreement that we10:16:15 wouldn't be using this witness in any way, shape, or form for any purpose of this lawsuit preceding this, simply harassment, and it's certainly outside the scope of discovery. The fact that you've asked some background 10:16:32 Peterson Reporting, Video Litigation Services 1 7 CONTAINS CONFIDENTIAL INFORMATION questions that haven't really been met with objections 10:16:35 is not to concede that it's proper to take her deposition in this case. Just wanted to make make sure that that's on the record. This is not a witness that my client intends to10:16:45 use in any way, shape or form in this case. MS. PANCAKE: What agreement are you talking about? You mentioned that we had an agreement-that you would not be using this witness? MR. BRIGGS: I told you before on multiple 10:16:59 occasions that and my office had no intention of using this witness in any way, shape or form, and we were even willing to agree that we wouldn't use her at trial or for any other purpose. I've told you this repeatedly. 10:17:15 So in going forward with the deposition today, we think it's just harassment, and the fact that I haven't objected to every question so far, they've just been basic background questions, is in no way to suggest that when you get to what I think you're going to get tolU:17:33 that your questions are going to be permitted or the answers will be given. I?m done. BY Ms. PANCAKE: Q. Ms. Cacciatore, have you ever been convicted of10:17:44 Peterson Reporting, Video Litigation Services 18 CONTAINS CONFIDENTIAL INFORMATION a felony? 10:1?:50 A. No. Q. Have you ever been convicted of any misdemeanors relating to truthfulness or veracity? A. No. 10:17:58 Q. Have you ever been convicted of any misdemeanors regarding crimes of ?oral turpitude? A. No. Q. Prior to the deposition subpoena that you testified about receiving about two weeks ago, did you 10:18:23 receive any other deposition subpoenas? A. No. Q. For your appearance at a deposition? A. No. Q. Did you hear about any other deposition 10:18:35 subpoenas? MR. BRIGGS: I'm going to object. If she heard about it from her attorney, it would be attorney?client privilege. If you would like to ask her whether she?s heard about anything from a source other than an 10:18:44 attorney, that would be fine. Dtherwise, I?m going to object and instruct her not to answer. BY MS. PANCAKE: Q. Do you know whether or not you were previously subpoenaed in this case for any other date other than 10:18:55 Peterson Reporting, Video 85 Litigation Services 19 CONTAINS CONFIDENTIAL INFORMATION today? 10:18:58 A. No. Q. Where were you on September 10th of 2014? MR. BRIGGS: Objection. Right of privacy. The witness will not be answering the question. Her 10:19:11 whereabouts have nothing to do with this case. MS. PANCAKE: Well, actually, I think they do, Cory. We had depOsition subpoena that was properly served. You told me that the witness was unavailable, and I want to ask the witness questions about that to 10:19:29 determine whether or not we were told the truth or not. MR. BRIGGS: You're not going to ask her questions about that. You can ask her questions. She's not going to answer. MS. PANCAKE: Your Honor. 10:19:51 JUDGE FATE: 0bjeotion's overruled. She should answer that question. MR. BRIGGS: She will not be answering the question. You should move on. BY MS. PANCAKE: 10:19:59 Q. Ma. Ms. Caociatore, were you on an international trip on September 10th, 2014? MR. BRIGGS: I'm going to object yet again, you're not going to ask her questions about what she does in her personal life or where she was on a 10:20:23 Peterson Reporting, Video Litigation Services 20 CONTAINS CONFIDENTIAL INFORMATION particular date. It has nothing to do with the only 10:20:26 issue for which you are supposed to be taking depositions and that is standing. And to the extent you think I didn't tell you the truth, I would remind you that neither I nor my 10:20:35 credibility is on trial in this case. MS. PANCAKE: I'm going to ask the questions that I need to ask. You can make your objections. I 6 will ask the judge for a ruling. We will go forward. We will talk about it. We will decide. Sometimes you 10:20:51 decide to Withdraw your objections. Sometimes you decide to instruct your client not to answer, notwithstanding the fact that your objection is overruled. So that?s what we are going to do. .I'm going to ask the questions that I need to 10:21:03 ask and we will argue what we need to argue with Judge Wohlfeil. Your Honor, can I get a ruling on the question? JUDGE FATE: Objection?s overruled. 'She can answer. {10:21:16 MR. BRIGGS: sne'a not going to answer the question. (Exhibit No. 1 marked for identification.) BY MS. PANCAKE: Q. Ms. Cacciatore, I'm going to give you a 10:21:41 Peterson Reporting, Video Litigation Services 21 CONTAINS ONFIDENTIAL INFORMATION document that I've marked as Exhibit 1 to today's 10:21:43 deposition. Have you seen Exhibit 1 before? A. No. Q. Okay. Can you look through it? And I can 10:21:58 repreSent to you that it it contains an amended notice of deposition and it also contains a deposition subpoena. Can you take a look at the portion of the document that's the deposition subpoena and the document request. 10:22:14 A. Okay. Q. And going through the document request, I wanted I want to ask you whether or not you you have any of the documents. You testified that you don't have any documents. 10:22:30 Do you know whether, starting with Category 1, is it -- let me just back up again. Is it your testimony that for Categories 1 through 33 that you don't have any documents that are responsive to these requests? 10:22:51 A. That's correct. MR. BRIGGS: Let me also -- THE WITNESS: Sorry. MR. BRIGGS: interpose an objection that several of these categories violate third?party rights Peterson Reporting, Video Litigation Services 22 CONTAINS CONFIDENTIAL INFORMATION of privacy and are outside the scope of permissible 10:23:02 discovery. To the extent that you think that my office is obligated to produce documents responsive to this subpoena, even though it's directed to a third?party 10:23:13 witness, I want to have those objections on the record. I'm.done. BY MS. PANCAKE: Q. Ms. Cacciatorer looking at Category I, do any documents do you know whether any documents 10:23:30 reSponsive to Category 1 exist or not? A. Do I know if they exist? I don?t know if they exist. Q. Have you ever incurred any expenses on behalf of 10:23:44 A. No. Q. And this leads me to another point. The names of the parties in this case are quite long, Cory represents San Diegans for Open Government. I use the acronym rather than saying San Diegans for Open 10:23:55 Government every time we mention the name of that party. By the same token, my client is the San Diego Tourism Marketing District Corporation, and I refer to my client as TMD or the TMD Corp, okay? A. Okay. 10:24:13 Peterson Reporting, Video Litigation Services 23 CONTAM CONFIDENTIAL WFORMATION Q. So if I use those acronyms, you?ll understand what I'm talking about? A. Yes. Q. Okay. What about Category No. 2? Do you have "w you do are you aware of whether or not any documents responsive to Category 2 exist? MR. BRIGGS: I'm going to make the same objection I've made in prior depositions. The way you define the word "you" includes agents and representatives, which I think most folks would agree includes an attorney. So if you?re just limiting the cat- the question to hEr as an individual, that's fine. MS. PANCAKE: And I -- MR. BRIGGS: I don?t really want to be objecting. MS. PANCAKE: I?ll agree to that. MR. BRIGGS: Okay. MS. PANCAKE: I mean, that's a -- that?s a -- that?s a fair limitation on this. BY MS. PANCAKE: Q. Ms. Cacciatore, when you see the word "you," I'm talking about you and any nonattorney agents or representatives that you would haver okay? Peterson Reporting, Video 85 Litigation Services 10:24:13 10:24:19 10:24:41 10:24:52 10:25:00 10:25:13 24 CONTAIN CONFIDENTIAL INFORMATION A. Okay. 10:25:15 Q. Because I'm not looking for a documents that the attorney has. I'm looking for documents that you have. A. Okay. 10:25:28 Q. Okay. Category 2, do any documents exist? A. No. Q. Have they ever existed? A. I have no idea. Q. Have you ever paid any moneys on behalf of 10:25:38 A. No. Q. What about Category 3? Do any such documents exist? A. No. 10:25:48 Q. Have they ever existed? A. No. Q. Have you ever incurred any expenses On behalf of the Briggs Law Corporation? MR. BRIGGS: I'm just going to object here. 10:25:58 Given that she is also an officer of Briggs Law Corporation, she is a vice president, for reasons having nothing to do with running the law firm and everything to do with things like estate planning, your questions are going to in? r? intrude into areas that not only are10:26:2? Peterson Reporting, Video Litigation Services 25 'CONTAINS CONFIDENTIAL INFORIVIATION outside the scope of permissible discovery but violate 10:26:32 person?s rights of privacy. I don?t want to stop you from ask -- asking these questions within the four corners of this lawsuit, but the extent to which the witness has incurred an 10:26:45 expense on behalf of my law firm, at some point in the last 20 years, strikes me as nobody's business. Is there some way that we can navigate this topic to avoid objections on things like this? MS. PANCAKE: I'll see. 10:27:08 BY MS. PANCAKE: Q. Ms. Cacciatore, are you married to Cory Briggs? A. No. Q. Have you ever been married to Cory Briggs? A. No. 10:27:22 Q. Have you and Cory Briggs registered as domestic partners? A. No. Q. Do you hold any licenses, other than a driver's license? 10:28:02 A. No. Q. Have you ever been appointed to a governmental commission or any kind of governmental appointment? A. No. Q. Have you ever held public office? 10:28:16 Peterson Reporting, Video Litigation Services 26 CONTAINS CONFIDENTIAL INFORMATION A. No. 10:28:17 0. Cory mentioned that you were an officer of the Briggs Law Corporation. How long have you been an officer of Briggs Law Corporation? A. I don't know. _Twenty years. 10:28:38 Q. What what office do you hold? A. Vice president. Q. And what are your duties with respect to your vice president position? A. None. None. 10:28:56 Q. Do.you participate in the legal work done at Briggs Law Corporation in any way? A. No. Q. Going back to the document requestr with respect to Category No. 4, is it your testimony that you10z29:43 have no documents that are reaponsive to thiS'request? MR. BRIGGS: I'm going to object on the grounds of privacyr including taxpayer privacy, which would include or andfor 1099s and she doesn?t have to produce those documents. She doesn?t have to tell you 10:30:10 about those documents. That's it. MS. PANCAKE: Your Honor? JUDGE FATE: Well, the question was just does she have them, not what they are, and you're not asking 10:30:25 Peterson Reporting, Video Litigation Services 27 CONTAINS CONFIDENTIAL INFORMATION your question for her to provide them or describe them. 10:30:30 So I will overrule the objection. She can answer. MR. BRIGGS: Do you have any dOCumentS that fit in Category 4? THE WITNESS: May I ask a question? Is it 10:30:42 pertaining to this lawsuit? BY MS. PANCAKE: Q. It's, I think, pertaining to any anything, the the the request is not limited in that reapect. 10:30:52 MR. BRIGGS: Then I'm going to object. She doesn't have to answer questions that would disclose any sort of employment relationship or personnel information, anything of the sort. In the way your category is written, it wOuld include such documents, 10:31:06 check stubs, things like that. So she's not going to answer that part of the question. If you want to narrow it, that's fine; otherwise, I?m instructing her not to answer. MS. PANCAKE: Can I get a ruling, Your Honor. 10:31:20 JUDGE FATE: Well, seems to me you may be lacking a foundation. I presume the purpose of the question is to show that some member of SDOG is has been or is an employee of the Briggs law firm or receives money from them? 10:31:43 Peterson Roporting, Video Litigation Services 28 CONTAINS CONFIDENTIAL INFORMATION Kind of a CLEAR Act kind of an analysis, I 10:31:45 presume. I could be wrong because I've only sat through a couple of depositions, but that's my guess. I think you'd have to lay a foundation that she's somehow a part of SDDG or has been or whatever 10:31:57 before you can really get into those types of areas. If it turns out she has no relationship to the organization and she?s merely a vice president of the company, you can probably assume that she gets some monetary benefit from being vice president. 10:32:17 MS. PANCAKE: Thank you, Your Honor. BY MS. PANCAKE: Q. Ms. Cacciatore, do you receive any money from the Briggs Law corporation? A. Relating to this lawsuit? 10:32:32 Q. Relating to at all. MR. BRIGGS: I'm going to object, right?of-privacy grounds. You're not entitled to know whether she receives money from my firm. I'm instructing her not to answer the question. 10:32:42 JUDGE FATE: Again, you're missing the foundational point, which is whether or not she has any relationship to SDOG. BY MS. PANCAKE: Q. Are you a member of SDOG 10:32:52 Peterson Reporting, Video Litigation Services 29 CONTAINS CONFIDENTLAL INFORMATION No. 10:32:53 Ms. Cacciatore? Have you had any involvement with SDOG at any time from January 1st. 2008, to the present? A. No. 10:33:29 Q. Do you know what SDOG is? A. San Diego for Open Government. Q. Can you describe what the organization does? A. No. MS. PANCAKE: I'm going to come back to this document request a little bit later. BY MS. PANCAKE: Q. Ms. Cacciatore, do you know or did you know Ian Trowbridge? A. I had met him once or twice. 10:34:36 Q. When did you meet him? A. Many years ago. I have no idea. Q. And what were the occasions when you met him? A Oh. I don?t know. Some social outing or SOmething. 10:34:54 Q. Was he ever a guest in your home? A. Probably. Q. Do you have a specific recollection? A. No. Q. What was your relationship with him? 10:35:11 Peterson Reporting, Video Litigation Services 30 CONTAINS CONFIDENTIAL INFORMATION A. I had no relationship with him. 10:35:14 Q. Do you know Pedro Quiroz? A. Yes. Q. And when did you first meet Mr. Quiroz? A. Many years ago. I I don't know when. 10:35:36 Q. What do you know of Mr. Quiroz? A. You mean personally or Q. Wellr how did how is it that you know this person? A. I know him through my husband's work. Through 10:35:47 Cory BriggsII work. Q. And do you what he can you describe Pedro Quiroz's relationship to A. I have no idea. Q. Do you know Teresa Quiroz? 10:36:08 A. I do. Q. And can you describe how you know this individual? A. Through Cory Briggs. Q. And can you describe whether or not 10:36:20 Mrs. Quiroz -- or do you know whether Mrs. Quiroz has an affiliation with A. I believe she doesr but I'm not certain. Q. Have you ever discussed San Diegans for Open Government with Mr. Trowbridge? 10:36:37 Peterson Reporting. Video Litigation Services 31 CONTAINS CONFIDENTIAL INFORMATION A. No. 10:36:39 Q. Did you ever discuss San Diegans for Open Government with Mr. Quiroz? A. No. Q. Have you ever discussed San Diegans for Open 10:36:44 Government with Mrs. Quiroz? A. No. Q. Have you do you know Linda Perine? A. No. Q. Were you ever a member of an organization 10:3?:07 called All People's Breakfast Organizing Committee? A. No. Q. Have you ever tried to be a member of A No. Q. Have you ever sought mem? membership in the organization? A. No. Q. Have you ever submitted a membership application to A. No. Q. Have you ever discussed a membership application that SDOG may have or not? MR. BRIGGS: With someone other than a lawyer? Or do you want me to object? MS. PANCAKE: You can object. Peterson Reporting, Video Litigation Services 32 CONTAINS CONFIDENTIAL INFORIVIATION MR. BRIGGS: I will object. Your question is 10:38:00 too broad. It could include attorney?client conversations and I will instruct the witness not to answer. If you would like to narrow it to exclude 10:38:08 attorneys, it wouldn't be objectionable. or MS. Q. Have you ever dis- -- discussed a membership application have you ever discussed a membership application for SDOG with anyone other than your 10:38:50 attorneys? A. No. Q. Are you aware of whether or not SDOG has members in its organization? A. I'm aware, yes. 10:39:10 Q. And what is your knowledge about this? A. Through the news. Q. i What kind of news? A. Newspaper, Union?Tribune. I'm assuming there's members. 10:39:25 Q. :Iou said that you're assuming that there?s members. Do you have any knowledge of of s- that there are, in fact, members of the organization?? A. Yes. 10:39:37 Peterson Reporting. Video Litigation Services 33 CONTAINS CONFIDENTIAL INFORMATION Q. And how do you know this? 10:39:38 MR. BRIGGS: I'm going to -- I'm going to ask the witness not to disclose anything that she would have learned from an attorney concerning this case. If she knows the answer through some nonattorney soUrce, she's 10:39:52 free to give the answer. THE WITNESS: So no, not through an or MR. BRIGGS: Just say no. THE WITNESS: Just say no. Yes. No. You want to ask the question again? 10:40:06 BY MS. PANCAKE: Q. The question was, how do you know that SDOG has members in its organization? MR. BRIGGS: Excluding anything you know from attorneys, you can answer the question. 10:40:1? THE WITNESS: So no. BY MS. PANCAKE: Q. So you you are not able to answer the question because you would have to divulge information that you rECeiVEd from your attorneys? '10z40:32 A. Correct. Q. Have you ever attended any meetings of A. 'No. Q. Do you know whether SDOG even has meetings? A. No. 10:40:46 Peterson Reporting. Video 36 Litigation Services 34 CONTAINS CONFIDENTIAL INFORMATION Q. Are you aware of any membership criteria for 10:40:49 becoming a member of A. No. Q. Have you ever received correspondence from 10:41:04 A. No. Q. Have you ever received an email from A. No. Q. Have you ever received an invitation to attend an SDOG meeting? 10:41:22 A. No. Q. Do you know whether SDOG has a regular meeting schedule? A. No. Q. Do you know who the board members of SDOG are? 10:41:board member corporate officer of A. No. 10:42:06 Q. Have you ever been a board member of A. No. Q. Have you ever been a corporate officer of A. No. Q. Are you familiar with the -- the mission of 10:42:20 Peterson Reporting, Video Litigation Services 35 CONTAINS FOWATION 10:42:23? A. No. Q. Are you familiar with any lawsuits that have been filed by A. I'm familiar I'm am aware of it from the 10:42:33 news. But other than that, no. Q. You said you were "aware of it." What are you what are you talking about when you say A. I'm assuming you're talking about this lawsuit. Q. Okay. So you're aware of this lawsuit from? 10:42:44 A. The_newspaper. Q. The newspaper? A. Correct. Q. Are you aware of any other lawsuits that SDOG has filed? 10:42:53 A. No. Q. Do you know the identities of any representatives of A. No. Have you ever paid any money on behalf of A. No. Have you ever received any money from A No. Q. Have you ever entered into any contracts on behalf of 10:43:44 Peterson Reporting, Video Litigation Services 36 CONTAINS CONFIDENTIAL INFORMATION A. No. 10:43:46 Q. Have you ever received any regular communications from SDOG such as a newsletterr an annual report, or an Email blast? A. No. 10:43:59 Q. Have you ever received any other types of communications from No. Q. Have you ever seen any documents demonstrating operating structure or its procedures for 10:44:20 operating? A. Nope. Q. Have you ever seen any documents demonstrating SDOG's educational programs? A. No. 10:44:31 Q. Are you aware of whether or not SDOG has any educational programs? A. Nope. Q. Are you a member of CREED or CREED 21? A. No. 10:44:49 Q. Have you ever heard of CREED or CREED 21 from anyone other than your attorneys? A. No. Q. You mentioned that you?re represented here today by Mekeala Gladden? 10:45:31 Peterson Reporting, Video Litigation Services 37 CONTAINS CONFIDENTIAL INF OWATION A. Uh-huh. 10:45:33 Q. Are you aware of whether she has any involvement with A. No idea. Q. Do you know someone named Anthony Kim? 10:45:42 A. Yes. Q. Areiyou aware of whether Mr. Kim has any involvement with A. No idea. Q. Do you know someone named Valerie Mosqueda? 10:45:52 A. Yes. Q. Who is Ms. Mosqueda? A I think she was a previous employee of Cory Briggs. Q. Do you know if she had any involvement with 10:46:12 A. No. Q. Do you know whether anyone else employed by the Briggs Law Corporation, other than Cory Briggs. Mekeala Gladden, Anthony Kim or Valerie Mosqueda has 10:46:29 involvement with A. No. Q. Do you know what -- on what basis SDOG selects the cases that it will pursue? A. No. 10:46:59 Peterson Reporting. Video Litigation Services 38 CONTAINS CONFIDENTIAL INFORMATION Q. Have you ever donated any money to 10:4?:05 A. No. Q. Do you know whether SDOG has ever received any monetary donations? A. No. 10:4?:16 Q. Do you know whether SDOG has received any nonmonetary donations? A. No. Q. Do you know whethEr SDOG receives any other revenue or funding from any other sources? 10:4?:32 A. No. Q. Have yOu ever spent any funds on behalf of soos? A. No. Q. Do you know whether SDOG itself has ever spent 10:47:41 any funds? A. No. Q. Ms. Cacciatore, are you aware of the allegations in this lawsuit? A. No. 10:47:56 Q. Are you able to describe what this case is about in your own wordsyou know that SDOG identified you as a member who provides standing to the organization inlO:48:ll Peterson Reporting, Video 3.: Litigation Services 39 CONTAINS CONFIDENTIAL INFORMATION this lawsuit? 10:48:18 MR. BRIGGS: I'm going to object. I've already explained to you that her name was on a piece of paper attached to a discovery document by mistake. My client has never intended and to this day does not intend nor 10:48:32 has my office ever intended and to this day does not intend for this witness to be uhed for standing or any other purpose of this lawsuit. This is probably about the 15th time I've made a representation to that effect during the course of ourlD:48:51 conversations concerning discovery. I'm going to instruct the witness not to answer the question. MS. PANCAKE: Your Honor, the question wasr do you know whether SDOG identified you as a member who 10:49:04 could provide standing to the organization. Can you please w" can you rule on the "w the objection? JUDGE FATE: Yes. I can rule on it. MS. PANCAKE: What is your -- What is your ruling? 10:49:23 JUDGE FATE: I would overrule the objection. The witness can answer the question. MR. BRIGGS: Do well, if you know the answer to the question, you can answer it. If you know the answer. 10:49:43 Peterson Reporting, Video Litigation Services 40 CONTAINS CONFIDENTIAL INFORMLATION THE WITNESS: Can you ask the question again. 10:49:43 BY MS. PANCAKE: Q. The question was, did you know that SDOG identified you as a member who could provide standing to? the organization for this lawsuit? 10:49:53 NR. BRIGGS: It's just a yes-oreno question. THE WITNESS: No, I did not know. BY MS. PANCAKE: Q. When did you first become aware that SDOG filed the lawsuit that we are here today on? 10:50:11 A. Oh, I don't know, couple months ago. 0. How did you become aware that SDOG filed this lawsuit? MR. BRIGGS: I'm going to object. Your question could e1icit a response that divulges an 10:50:42 attorney-client communication. If you'd like to rephrase it to exclude anything she would have learned from an attorney, I won't object. If you want to leave it as it is, I'm going to object and instruct her not to answer. 10:50:58 MS. PANCAKE: Well, the question is, how did you become aware, so we will probably need a ruling on this. JUDGE FATE: Well, the difficulty is that it may be that in some attorney-client communication, 10:51:14 Peterson Reporting, Video Litigation Services 41 CONTAINS CONFIDENTLAL INFORMATION information was conveyed in which case it would be 10:51:20 privileged; or it could be she found through some other source, which it wouldn?t; or it could be it was conveyed by a person who is a member of the state bar but was not an attorney-client communication as defined 10:51:31 by the Evidence Code, in which case, it would not be privileged. I have no way of discerning which of those potentials occurred. And since apparently she's not married to Mr. Briggs, I guess there is no husband-wife privilege that would apply. But it may be conversation510:51:53 between the witness and Mr. Briggs were intended fo be attorney?client privileged or they might have been just been pillow talk between two people that live tOgether or something. I presume they live together. I don't know. 10:52:11 So it -- it's really difficult to-make the ruling. So my ruling is, is that if you were told this information in a situation that you interpreted to be a privileged communication with an attorney, then you would not have to disclose that information. 10:52:26 If you found it just because, you know, you were at a cocktail party talking to somebody that's a? member of the bar, that's not a privileged communication Could be but not necessarily. necessarily. That's my ruling. If it makes any sense. 10:52:40 PelerSe-n Reporting, Video Litigation Services 42 CONTAINS CONFIDENTIAL INFORMATION THE WITNESS: Uh?huh. 10:52:43 BY MS. PANCAKE: Q. Subject to the judge's ruling, are you able to- answer the question? A. No. 10:52:43 Q. What were the circumstances that caused you to become aware that SDOG had filed the lawsuit? MR. BRIGGS: If you want to ask her that information I'm going to r- it's the same objection. without requiring her to disclose anything she would 10:53:14 have gotten from an attorney, that?s fine. Do you want to do that or do you just want me to object and we will make this depo longer and longer and longer? MS. PANCAKE: Well, I'm troubled by your sort 10:53:30 of selective invocation of the attorney?client privilege and the attOrney?client relationship in this case. The witness testified that she retained you to represent her in -- approximately two weeks ago: And over the summer, we had a lot of discussions with your office, and I 10:53:52 think Ms. Brock, who is not here today but from the city attorney's office, made it specifically clear and got a a very definitive representation from your office that you did not represent any of the member witnesses. And this was at the time when we were trying-to get 10:54:13 Peterson Reporting, Video Litigation Services 43 CONTAINS CONFIDENTIAL INFORMATION these depositions taken in -- in June and July. And so 10:54:16 for purposes of, you know, stymieing that proCess, you ?u you were representing that you did not and unequivocally did not represent these people. And now that I?m asking the witness to testify about something 10:54:34 that she said she heard a couple of months ago at a time when your office did not represent her, she's testified that she's not a member of SDOG and so I'm just I don't think there was an attorney?client relationship a couple of months ago that would qualify for your 10:54:51 invocation of the attorney?client privilege as to conversations that happened a couple of months ago. MR. BRIGGS: Jenni, not wanting to be reprimanded a second time for you and me acting like children, I'm not going to dignify your comments like I 10:55:10 was trying to stymie a process before. If you can elicit the information without eliciting any attorney?client information, I don't have a problem with the question. If you can't rephrase it to avoid that problem, then I'm just going to have to 10:55:31 instruct the witness not to answer. Let's be clear: I'm prepared to let the witness answer the question if we can avoid anything I'm not telling her that's attorney-client privileged. that she can't answer the question if we can avoid the 10:55:49 Peterson Reporting, Video Litigation Services 44 CONTAINS CONFIDENTIAL INFORIVIATION attorney?client problem. If we can't, then I will tell 10:55:54 her. MS. PANCAKE: Your Honor. JUDGE FATE: Well. the problem is that a person does not have to retain an attorney in order to have 10:56:02 attorney?client privilege. MR. BRIGGS: That's correct. JUDGE FATE: So thank you. MR. BRIGGS: Sorry. JUDGE FATE: I'm just kidding with you. 1e:56:11 The so using that supposition doesn't help one resolve the conundrum of whether or not a discussion with a person who is a member of the bar is attorney-client. It's really based upon the intent and the understanding of the parties who are participating 10:56:28 in the conversation as to whether or not they intended to be confidential or not. So if you had a conver? she had a conversation that she intended to be confidential with an attorney, then normally, that would be ah attorney-client-privileged communication, even 10:56:46 though she didn't retain the attorney. MS. PANCAKE: Even with a an unequivocal statement by the attorney that they are not representing -- JUDGE FATE: Yeah. 10:57:04 Peterson Reporting, Video Litigation Services 45 CONTAINS CONFIDENTIAL INFORMATION MS. PANCAKE: the potential client? 10:51:04 JUDGE FATE: Sure. That's why that's why MS. PANCAKE: I thought there was an exception that when there's THE COURT REPORTER: 10:57:10 I?m sorry. I'm sorry. JUDGE FATE: Wait, wait, wait, wait. Let me explain the deal. I don't know if you?ve been involved in domestic cases or not, but a typical tactic in a domestic case is the person who is going to get a 10:51:20 divorce goes around and talks to the top five nastiest domestic lawyers they can find and they hire one but they've also conflicted out the other four.r never retaining them but disclosing confidential information 10:5?z45 to them intending to be disclosed. They?ve now conflicted them out. It is a tactic that's used commonly in big?dollar domestic disputes where the other side.wants to eliminate who the their spouse may retain once the papers hit the hit the floor. So I think that answers your question that 10:58:02 that you don't have to be represented by somebody in order to have an attorneysclient confidential There communication that the courts hold sacrosanct. are tons of cases that talk about those situations. Peterson Reporting, Video Litigatioe Services 46 CONTAINS CONFIDENTIAL INFORMATION BY MS. PANCAKE: 10:58:22 Q. Ms. Cacciatore, at the time that you heard that you first heard that SDOG filed this lawsuit, were you involved in an attorneyuclient relationship with anybody? 10:58:34 MR. BRIGGS: That calls for a legal conclusion. But you can answer that question if you know. THE WITNESS: Yes. BY MS. PANCAKE: Q. And was that attorney?client relationship in 10:58:43 connection with SDOG matters? A. Yes. Q. Can you describe what your attorney?client relationship was? MR. BRIGGS: No, she objection. You're 10:58:59 you're now way outside the bounds. Attorney?client privilege, I'm instructing her not to answer. She's already told you she thought it was a attorney?client relationship. The judge has already told you that that's all that matters. Move on, Jenni. 10:59:11 NS. PANCAKE: Your Honor, can I get a ruling? JUDGE FATE: The objection is sustained. BY MS. PANCAKE: Q. Have you ever discussed the lawsuit with anyone other than your attorneys prior to December of 2012? 11:00:03 Peterson Reporting, Video Litigation Services 47 CONTAINS CONFIDENTIAL INFORMATION A. No. 11:00:08 Q. Have you ever discussed the lawsuit with anyone other than your attorneys after December of 201i? A. No. (Exhibit No. 2 marked for identification.) 11:00:21 BY MS. PANCAKE: 0. Ms. Cacciatore, I'm going to show you a document that I've premarked as Exhibit 2. Do you recognize Exhibit 2? MR. BRIGGS: Hang on just a second. 11:01:18 Do you need to look at the second page here? THE WITNESS: No, I'm good. MR. BRIGGS: Okay. 1 BY MS . PANCAKE: Q. Do you recognize Exhibit 2, Ms. cacoiatore? 11:01:35 A. Yes. Q. Is that your signature on page 2 of the declaration? A- Yes. Q. Were you did you submit this declaration on 11:02:11 behalf of A. No. Q. Who did you submit the declaration on behalf of? A. Myself._ 11:02:21 Peterson Reporting, Video Litigation Services 48 CONTAINS CONFIDENTIAL INFORMATION Q. Okay. iWas it in support of a a an SDOG 11:02:23 lawsuit? A. I don?t recall. Q. Do you know what lawsuit this declaration was submitted in support of? 11:02:38 A. I don't recall. {Exhibit No. 3 marked for identification.) BY MS. PANCAKE: Q. I?m showing you a document that I've marked as Exhibit 3. 11:03:10 Do you recognize Exhibit 3? A. No. Q. Have you ever heard of anyone discussing the document that's shown in Exhibit 3? A. No. 11:03:21 {Exhibit No. 4 marked for identification.) BY MS. PANCAKE: Q. Showing you a document that I've marked as Exhibit 4. Do you recognize Exhibit 4? 11:03:43 A. No. Q. Do you recognize any of the signatures -- A. No. Q. -- on Exhibit 4? A. No. 11:03:50 Peterson Reporting, Video Litigation Services 49 CONTAINS CONFIDENTIAL INFORMATION Q. Have you ever heard anyone discussing the 11:03:51 contents of Exhibit 4? A. No. Q. Ms. Cacciatore, do you Currently own any housing units such as a hotel or vacation rental in the 11:04:13 City of San Diego that you rent out to tenants for periods of less than 30 days? MR. BRIGGS: I'm going to object. She has a right of privacy, includes a financial right of privacy. That question also implicates the privacy rights of 11:04:29 persons who are not parties to this lawsuit. As I?ve said before, this witness is not even being used in any way, shape or form by my client or by my office for purposes of this lawsuit. So questions about her assets, what she owns, what she does when 11:04:49 she?s not being a travel agent are outside the scope of permissible discovery in addition to being priVileged or protected by privacy, and I'm instructing the witness not to answer. 11:05:06 MS. PANCAKE: YOur Honor? JUDGE PATE: Well, I'm troubled by the fact that there's been no evidence presented in the deposition that this witness has any relationship to this lawsuit or the organization that brought it or the 11:05:24 organization that?s defending in it. And so and -- Peterson Reporting, Video Litigation Services 50 CONTAIN CONFIDENTLAL INFORMATION and there's been a declaration by counsel for the 11:05:31 plaintiff she's not going to be a witness in the case, There was an accident I not going to be used in the case. that her name got in this discovery mess. There w" there has to be some reason that we goll:05:46 into a privacy issue. because usually we go into it because there?s an issue that's been put on the table in the lawsuit by somebody that creates some_basis for the examination. Here, there hasn?t been any issue put on the table in the lawsuit that relates to this witness. 11:06:02 So I'm kind of troubled troubled by the examination. So MS. PANCAKE: WellIr I can just JUDGE FATE: Maybe enlighten.me a little bit as to why this would be could lead to discovery of 11:06:16 relevant evidence. MS. PANCAKE: I can represent that there were two and maybe more specific verified discovery responses naming this witness as a member who could provide standing. There was a list of nine members that was 11:06:38 ordered by the Court that SDOG needed to identify the names of the members whom the organization relied on for standing. This witness was on the list and was identified as Member No. 4. Peterson Reporting, Video Litigation Services 51 CONTAINS CONFIDENTIAL INFORMATION After that, there was, I believe, a second 11:07:04 court order ordering that SDOG identify the names of the witness of the members who were hoteliers for purposes of establishing standing, you know, the operators of a hotel or a vacation rental. And this 11:07:22 witness was on that list in response to a Courtwordered discovery response. And so the fact that Mr. Briggs is now claiming, oh, this was all a mistake is -- I don't believe that that's true. I believe that SDOG has taken a number of steps to fabricate standing on behalf of notll:07:48 only this witness, but other witnesses. And I want to go into the that this witness in connection with SDOG went through to try and fabricate standing. JUDGE FATE: Well -- MS. PANCAKE: And I think it goes -- 11:08:15 JUDGE FATE: -- I'm not saying you can't do that. I don't think you can do it with this witness unless she's part of SDOG. They put down somebody's name as a as a potential, turns out they?re not a 11:08:27 member and they don't convey standing. Is it the person who was named? Is it their issue? Or is it the-issue of who put the name down? So here, seems to me that if there is an agreement that she's not going to convey standing on forll:08:4? Peterson Reporting, Video Litigation Services 52 CONTAINS CONFIDENTIAL INFORLJATION SDOG and you can get that on the record, which 11:08:50 apparently Mr. Briggs has offered to do a number of times here this morning, isn't the purpose of this deposition to eliminate these series of depositions to eliminate people that can convey standing on SDOG so 11:09:04 it can doesn't have standing to bring the lawsuit? Isn't that the little box that we are working in? MS. PANCAKE: That's one of the purposes, but there are other purposes. A deposition is allowed if there is -- if there is evidence that is reasonably 11:09:19 calculated to lead to the discovery of admissible evidence in the case. I think the credibility of SDOG is going to be a huge issue with respect to the ultimate determination that Judge Wohlfeil is going to make with not only 11:09:34 standing, but there's alter ego allegations, there?s ultravirus allegations, there's allegations that the corporation was well, there's there's argument that?s going to be that the corporation was is a fraudulent corporation, that it was revived in a 11:09:53 fraudulent manner, and it I think that what this witness has to offer in terms of the basis by which she was included on the list intentionally included on the list not once, but twice, and included on the lists in response to court orders ordering SDOG to to 11:10:21 Peterson Reporting, Video Litigation Services CONTAINS CONFIDENTIAL INFORNIATION identify this person, which which SDOG did. 11:10:28 80 I think that what this witness has done, which I haven't gotten to yet, is relevant to show the the pattern and the practice of this organization to act in a fraudulent way and act in a way that is 11:10:49 calculated to manufacture standing, when, in fact, it didn't exist. JUDGE FATE: Well, if what you're saying is where you're going, seems to me that you've got the cart before the horse. Before we get into her financial 11:11:12 economic circumstances, I think you need to lay some nexus that she somehow was in communication with somebody from SDOG that allowed her name to go onto this to this list. If she had no connection to her name being produced at all, and it seems to me that yourll:11:34 inquiry has to be.with SDOG people and others and not this particular witness. So I will sustain the objection without prejudice to making a further inquiry if the foundation is laid. MS. PANCAKE: Okay. Thank you, Your Honor. 11:11:54 (ExhibitiNo. 5 marked for identification.) BY MS. PANCAKE: Q. Ms. Cacciatore, I?m showing you a document that I?ve marked as Exhibit 5. Do you recognize Exhibit 5? 11:12:09 Peterson Reporting, Video Litigation Services 54 CONTAINS CONFIDENTIAL INFORMATION A Yes. 11:12:11 Is that your signature on Exhibit 5? A. Yes. Does Exhibit 5 say that Cory Briggs and Sarichia Cacciatore are husband and wife? 11:12:18 MR. BRIGGS: I'm going to object. This document has nothing to do well. actually. I take that back. She can answer the question so far. If that's your question, she can answer the question. THE WITNESS: Do you want to ask the question 11:12:36 again. BY MS. PANCAKE: Q. Does the document say that Cory Briggs and Sarichia Cacciatore are husband and wife? A. Yes. 11:12:45 Q. Why did you sign a document that's recorded in the County records stating that you?re husband and wife if, in fact, you?re not? MR. BRIGGS: I?m going to object on privacy grounds. attorney?client communication grounds. 11:12:56 Fifth Amendment grounds. and I?m going to instruct the witness not to answer. MS. PANCAKE: Your Honor. JUDGE FATE: Well. I I think that it?s relevant as as an impeachment document of prior 11:13:16 Peterson Reporting. Video Litigation Services CONTAINS CONFIDENTIAL INFORMATION testimony in this deposition where the witness has 11:13:21 testified that she is not and never has been married to Mr. Briggs. Fifth Amendment grounds, I don?t know what criminal issue would lie from putting a making a 11:13:37 false statement on a -- on a quit claim deed. But if she wants to exercise Fifth Amendment grounds, then she's entitled to do that. MR. BRIGGS: Next question. BY MS. PANCAKE: 11:14:00 Q. Well, I think the question is, are you exercising your Fifth Amendment right not to testify? A. Yes. MR. BRIGGS: The witness is taking her attorney?s advice. 11:14:07 (Exhibit No. 6 marked for identification.) BY MS. PANCAKE: Q. Ms. Cacciatore, I'm giving you a document that I?ve marked as Exhibit 6. Do you recognize Exhibit 6? 11:14:50 A. Yes. Q. Is thatlyour signature on Exhibit 6? A. Yes. Q. And when did you sign this document? A. June 30th, 2012. 11:15:01 Petersen Reporting, Video Litigation Services 56 CONTAINS CONFIDENTIAL INFORMATION Q. Okay. What was the purpose of you filling out 11:15:02 this application for transient occupancy registration certificate? A. I had a house and I was going to put it up for vacation rental. 11:15:16 Q. Is the house at the time that you were going to put it up as a vacation rental, was the house currently being rented by anyonei a. I yes. Q. And what were the ciicumstances that led you 11:15:42 to w? led to your desire to put the house up as a vacation rental? MR. BRIGGS: I'm going to object. I don't understand what her personal desires about a business matter in a case where she is not a member of SDDG and 11:15:59 did not consent to being named as a member of SDDG for p. purposes of standing has anything to do with this case. It's not discoverable. She has a financial right of privacy. She does not have to disclose why she makes her business decisions and I'm instructing her notll:16:20 to answer. a. JUDGE FATE: Could you read the question back for me. MR. BRIGGS: Actually, let me also state, if memory serves me, there's probably an attorney?client 11:16:30 Peterson Reporting, Video Litigation Services 57 CONFIDENTIAL INFORMATION object1on that needs to be made too. So I w111 assert 11:16:33 that as well. lThe record was readt) JUDGE FATE: 1'11 overrule the objectmn. she can answet excluding any Communications that would be 11:17:12 attorney-client. MR. BRIGGS: I'm st111 gomg to msttuct her not to answer. Next question. BY MS. PANCAKE: 11:17:28 0. M51 Cacclatore, are you the owner of the MR. BRIGGS: omeotwn. She's not going to tell you answer any questions about her assets. I'm msttuotmg the witness not to answer. she has a 11:17:59 of privacy. JUDGE FATE: One second, ms. RICHARDSON: She's listed on the document as the ownet. MR. BRIGGS: Well, then you have the document. 11:13:30 MS, RICHARDSON: I guess you can verify that. MR. BRIGGS: She's not going to testify. She's not going to gave you any ota1 testimony about he: assets. JUDGE FATE: All right. The Exhibit 6 appears 11:18:40 Peterson Reporting. Video Litigation Services CONTAINS CONFIDENTIAL INFORMATION to be an official document of the City of San Diego 11:18:44 that's been verified by the witness that she signed it and it does list her as the owner of the property in question and this does not appear to be under oath. There's a verification process under penalty of perjury.ll:19:07 So therefore, I don't think Fifth Amendment privilege would apply. I would overrule the objection and instruct the witness to answer. MR. BRIGGS: I didn't just for the record, don't think I asserted Fifth Amendment on this one. JUDGE FATE: I was just being cautious. MR. BRIGGS: Gotcha. Okay. She's not going to answer any questions about her assets. Next question. 11:19:31 BY MS. PANCAKE: Q. Ms. Cacciatore, is all of the information that's contained on Exhibit 6 on the form, is all of that true and correct that you would testify to under penalty of perjury? 11:19:41 MR. BRIGGS: It?s going to be the same objection and the same instruction. You?re not going to get through the back door what you can?t get through the front door. She's not going to answer the question. 11:19:50 Peterson Reporting, Video Litigation Services 59 CONTAINS CONFIDENTIAL INFORMATION JUDGE PATE: Overrule the objection. Instruct 11:19:52 the witness to answer. MR. BRIGGS: Move on. She's not going'to answer the question. BY MS. PANCAKE: 11:19:57 Q. Ms. Cacciatore, did you fill out this application for a transient occupancy registration certificate? It?s also outside MR. BRIGGS: Same objection. the scope of discovery. I can't imagine what the actua111:20:05 person who filled it out would ?r how that matters. But same objection, same instruction, sheis not_going to answer the question. JUDGE FATE: Objection is overruled. She can 1 answer. 11:20:21 MR. BRIGGS: She won't be answering. BY MS. PANCAKE: Q. Ms. Cacciatore, your attorney has instructed you on the last several questions not to answer. Are you going to follow his instructions? 11:20:31 .A. Yes. Q. And have you, on the ones that I didn't ask a specific question about -- are you following his instructions with respect to any time that he's instructed you not to answer? 11:20:41 Peterson Reporting, Video Litigation Services 60 CONTAINS CONFIDENTIAL INFORMATION A. Yes, 11:20:43 Q. Can you te11 me, is the addtess of the property -- is that the corzecc address of the property that's the subject of this registratlon MR. BRIGGS: Jenni, it's the same objection and 11:21:03 the same you'te vioiating her privacy lights, party's ptivacy tights, het assets and business affalrs have to do with this case. 11:21:19 I said several times now, she den't consent to be a witness, she's not being used as witness, Nobody is planning to use he: as a Witness. You are trying to harass he: and/or me and she's not going to answex the question: 11:21:33 JUDGE PATE: Since you're Just verifying the informatlon on the official form of the City, 1 would allow the allow the question, overrule the objection. MR. BRIGGS: It's ee she's not going to answer the question. 11:21:56 By Ms, PANCAKE: o. Ate you following you: attorney's advice? A. Yes. Q. Ms. Cacciatote, do you teca11 signing this document? 11:22:01 Peterson Reporting, Video Liligalicn Str'llces 61 CONTAINS CONFIDENTIAL INFORMATION A. Yes. 11:22:03 Q. And do you recall when you signed the document? MR. BRIGGS: Asked and answered. She already told you when she Signed it. THE WITNESS: It's dated June 30, 2012. 11:22:13 BY MS. PANCAKE: Q. Do you know why the application was signed June 30th, 2012, and processed April 23rd, 2013? MR. BRIGGS: Objection. Calls for speculation about why the wheels of government turn slowly. 11:22:32 MS. PANCAKE: Actually, I think the question asks whether or not she knew what the delay was. MR. BRIGGS: Yeah, does she know why the City would delay in processing the document? That calls for speculation. 11:22:48 MS. RICHARDSON: That wasn't her question. BY MS. PANCAKE: Q. My question was, do you know do you know why the application was signed June 30th, 2012, and processed April 23rd, 2013? 11:23:06 NR. BRIGGS: Right. Processed is in a box that says for official use only by the City. You're asking her to speculate on why the City would take almost ten months to process the document. That calls for speculation. 11:23:23 Peterson Reporting, Video Litigation Services 62 CONTAINS CONFIDENTIAL INFORMATION MS. PANCAKE: I I'm not sure we're there 11:23:24 yet. I think I'm trying to lay a foundation as to whether or not this witness knows anything about it. JUDGE FATE: Let?s speed it up: The objection is not well taken, it's overruled. It doesn?t require 11:23:32 speculation, either she knows or doesn't. It's a yes?or?no question. MR. BRIGGS: Do you know? THE WITNESS: I don?t know. BY MS. PANCAKE: 11:23:44 Q. Did you submit this document to the City? A. Yeah. Q. When did you Submit the dbcument to the City? A. I don't recall. Q. Did you delay in sub- in submitting the 11:23:59 document to the City? A. I I don't know when it was submitted to the City. I don't recall. Q. Do you believe that the City delayed in processing your document as was represented by 11:24:14 Mr. Briggs? A. The City does what the City does. I have no idea why it's dated that day on the process date. Q. Okay. But my question is a little bit different. 11:24:21 Petersen Reporting, Video Litigation Services 63 CONTAINS CONFIDENTIAL INFORMATION My question is, do you believe that the City 11:24:23 delayed in processing your application for a transient occupancy registration certificate? A, Do i believe it? Yes, I believe they did. Q. And what-s the basis for your belief? 11:24:43 A. I have no idea why they would do anything. I don't know when they processed it. Obviously, it's the 23rd of April. Q. Do you have any explanatlon as to why there is a delay between the time that you signed this document 11:24:58 and the time that it was processed? A. I have no explanation, Q. Did you backdate this document? A. No. Q. And for the record, I'm talking about 11:25:21 Exhibit 6. --an Diego, California, is that the address of the Briggs Law Corporation? A. Yes. 11:25:39 Q. Did you ultimately obtain a registration certificate for the property listed as-- A. No. Not that I know of, MR, BRIGGS: can we take a bathzoom break when 11:26:15 Peterson Reporting, Video Rt Lidgation Services CONTAINS CONFIDENTIAL INFORMATION you're ready? Sooner rather than later. 11:26:17 MS. PANCAKE: You want to go now or MR. BRIGGS: Sure. MS. PANCAKE: There's no question pending, so . . . 11:26:24 MR. BRIGGS: Right. MS. PANCAKE: Let's do a short break. THE VIDEOGRAPHER: This ends Media No. 1 in the deposition of Sarichia Cacciatore. Time off the record 11:26 a.m. 11:26:35 (A recess was taken.) THE VIDEOGRAPHER: This begins Media No. 2 in the deposition of Sarichia Cacciatore. Time on the record is 11:36 a.m. BY MS. PANCAKE: 11:36:48 Q. Ms. Cacciatore, you're still under oath. Do you understand that? A. Yes. Q. And after you've had a chance to have a break, is there any testimony that you've given previously that11:36:5? you think needs to be changed at this point in time? A. No. Q. You testified earlier that you were a travel agent? A. Yes. 11:3Tz12 Peterson Reporting, Video Litigation Services 65 CONTAINS CONFIDENTIAL INFOWATION Q. What company do you work for? 11:37:12 MR. BRIGGS: I?m going to object. Why does it matter who she works for? MS. PANCAKE: It's just foundational. MR. BRIGGS: She has a right of privacy. No, she has a right of privacy. She's not going to tell you where she works. We told you previously there's some security issues and she's not going to tell you where she works. MS. PANCAKE: Your Honor? 11:37:29 JUDGE PETE: I don't see any relationship between that and this lawsuit. So I?ll sustain the objection. BY MS. PANCAKE: Q. Ms. Cacciatore, you also testified that ll:37:39 previously yOu were an environmental planner for 13 years. Do you recall that testimony? A. Yes. Q. What company did you work for as an 11:37:49 environmental planner? BRIGGS: You can tell her that. THE WITNESS: Helix Environmental Planning. THE COURT REPORTER: Helix or Felix? THE WITNESS: Helix, 11:38:04 Peterson Reporting, Video Litigation Services 66 CONTAINS CONFIDENTIAL INFORMATION BY MS. PANCAKE: 11:33:09 Q. And you mentioned that you were involved in a lawsuit and described one lawsuit that you were involved in. Were there any other lawsuits that you have ever been involved in? 11:38:25 A. Not that I recall. Q. Ms. Cacciatore, are you a lawyerback to Exhibit 6 which is the application for the transient occupation registration 11:38:3? certificate. Do you?recall taking this to the City? A. No, I didn?t drop it off.- Q. Did you mail this to the City? A. Probably. 11:38:49 Q. Do you recall when you mailed it to the Citythink that you testified before the break that you did not recall whether or not you actually obtained a transient occupancy registration certificate;11:39:17 is that accurate? A. Correct. I don't recall getting one. Q. After the break. do you -- did you has your recollection been refreshed as to whether or not you ever received the certificate? 11:39:31 Peterson Reporting, Video Litigation Services 67 CONTAINS INFORMATION A, We11, if we go: one, it would've gone to 11:39:34 address not my home address. So but no, I 1 don't reoal1 seeing one. Ms, RICHARDSON: I'm sorry, what address were you referring to? 11:39- MS. RICHARDSON: Tbs-ink you. (Exh1bit No. 7 marked for Jdentlfication.) BY M51 PANCAKE: Q. I'm showing you a document that I've marked as 11:39:53 Exhibit 7, A. Okay. Q. Have you ever seen Exhibit 7 before? 114 No. Q. Prior to today, you have any informatlon 11:40:05 that you had actually obtained a transient occupancy registration terminate? a. No. Q. Have you ever followed up with the applicainon that you made for a transient occupancy Ieg1stzat10n 11:40:15 A. NO. Q, So once you it, what you do? A. Forgot about it actually. Q. Have you ever rented out the property that's 11:40:44 Pelerson Reporting, Video Litigation Services CONTAINS CONFIDENTIAL INFORMATION listed on the registration certificate for short?term 11:40:47 rental of less than 30 days? A. No. Q. Have you had the same tenants in that property since 2010? 11:41:02 MR. I'm going to object. I?m not sure why the consistenCy of the tenants matters. The last question, I at least can see the connection to this case since it was limited to short term. But asking about her tenants, I think, is outside the scope of 11:41:13 permissible discovery, whether she's had the same tenants or not for a period of time is her business, third party's business, but not your business So I'm going to instruct her not to answer. Your Honor? 11:41:33 JUDGE FATE: It?s just a yes?or?no. She can answer it. MR. BRIGGS: Same instruction, she's not going to answer. BY MS. PANCAKE: 11:41:41 Q. Are you going to follow your attorney's instructions? A. Yes. Q. Have you ever taken any steps to advertise the property that is the subject of the registration 11:41:52 .: Peterson Reporting, Video Litigation Services 69 CONTAINS CONFIDENTIAL INFORMATION certificate? 11:41:58 MR. BRIGGS: I'm going to object. Her business efforts to rent the property are confidential, they're certainly outside the scope of discovery in this case, and they're protected by her businesses and hers and 11:42:15 third party's rights of privacy. You?re not allowed to find out what she does in order to generate tenants. Has nothing to do with standing in this case, Jenni, so I'mjgoing to instruct her not to answer. 11:42:32 MS. PANCAKE: Your Honor, can we get a ruling? JUDGE PATE: Is your question directed at any tenants at all or short?term tenants. MS. PANCAKE: The -- MR. BRIGGS: It was directed at all. 11:42:45 MS. PANCAKE: Let me rephrase the question. BY MS. PANCAKE: Q. Have you ever taken steps to advertise the property in the registration certificate, which is marked as Exhibit 1, as a rental w? as a vacation rentall1:43:04 on a short?term basis? A. No. MR. BRIGGS: Does does "short-term" mean less than 30 days? We should just pin ehis down. Yes, yes, that?s fine. 11:43:19 Peterson Reporting, Video :52; Litigation Services Tl) CONTAINS CONFIDENTIAL INFORMATION THE WITNESS: No. 11:43:21 BY MS. PANCAKE: Q. And isn't it true, Ms. Cacciatorer that the property listed in the registration certificate on Exhibit 7 has been continuously rented to the same 11:43:42 long?term tenant since September of 2010? MR. BRIGGS: I'm going to object. You're not going to ask her any questions other than about shorteterm rentals. That?s the only thing even remotely covered by this lawsuit. So she?s not going to answer 11:43:58 the question about her tenants, not the length of their tenancy; privaCy. MS. PANCAKE: Your Honor. JUDGE FATE: Sustained. MS. PANCAKE: I -- I just wanted to to pointll:44:11 out the reason that I'm asking this question is I think that there's an inference that if the property is rented out to the same long?term tenant on a historical basis, then I think it calls into question the motive and the pattern and practice of of trying to list this as a 11:44:31 short?term vacation rental for purposes of establishing standing of this person in the lawsuit. MR. BRIGGS: Let me just say, again. JUDGE FATE: She?s not -- MR. BRIGGS: Thank you. 11:44:51 Peterson Reporting, Video Litigation Services 71 CONTAINS CONFIDENTIAL INFORMATION JUDGE PATE: going to be in the lawsuit 11:44:52 as e? for purposes of standing. That's been stipulated to by plaintiffs. So it kind of removes it from any relevancy in the case. That's the problem. 11:45:06 MS. PANCAKE: Just because he has done that now doesn't mean that he misled not only the CourtIr but us in terms of listing this person as someone who could potentially give SDOG standing. MR. BRIGGS: If you think that the Court's been11:45:23 misled, I'm sure you will make that argument to the judge at the appropriate time. This is a deposition. JUDGE FATE: The issue is'about, as I understand it, this witness, her relationship to the lawsuit for purposes of standing. They've agreed she's 11:45:43 not going to provide any standing in the case, which means yOu've now won as to this particular person, I think there's no discoverable information that's going to-come out of her testimony because she's not going to be a party to the standing issue. 11:46:01 This is no different than if it was a class action and they were changing the representatives in the class. Taking the deposition longer the rep doesn't convey anything into the lawsuit. It's the new rep that count that matters. And that 11:46:20 Peterson Reporting, Video 8: Litigation Services 72 CONTAINS CONFIDENTIAL INFORMATION happens all the time. 11:46:24 (Exhibit No. 8 marked for identification.) BY MS. PANCAKE: Q. Ms. Cacciatorer I'm giving you a document that I'm marking as Exhibit 8. 11:46:34 Before I do, did you -- did you recall whether or not you sent this registration application into the City? A. Probably by mail. Yeah. Q. And that's something that you would've done? 11:46:50 A. Either I or Cory. Q. I'm going to show you a document that I've marked as Exhibit 8. Do you recognize the handwriting on this envelope? 11:47:08 A. No. Q. It's not your handwriting? A. Nope. Q. Do you r- do you see the postmark on it of April 19, 2013? 11:47:26 A. Yes. Q. Does seeing this postmark refresh your recollection as to when the application for transient occupancy registration certificate was sent to the City? A. No. 11:47:49 Peterson Reporting, Video Services 73 CONTAINS CONFIDENTIAL INFORMATION Q. Ms. Cacciatore, have you, in the past, owned 11:48:59 any other housing units that you use as a hotel or vacation rental in the City of San Diego? MR. BRIGGS: I'm going to object. She's not going to tell you about any assets that she?s owned in 11:49:11 the past or present. JUDGE PATE: Sustained. BY MS. PANCAKE: Q. Ms. Cacciatore, do you operate any housing units such as a hotel that you rent out for -- to 11:49:22 tenants for periods of less than 30 days? MR. BRIGGS: Same objection. She has a right of privacy, third parties have a right of privacy. Has nothing to do with this case. She?s not a standing witness. 11:49:35 JUDGE PATE: Sustained. BY MS. PANCAKE: Q. Have you, in the Past, ever operated any hotels or other vacation rentals that you've rented out to tenants for periods of less than 30 days? 11:49:46 MR. BRIGGS: Same objection, same instruction. JUDGE FATE: Sustained. BY MS. PANCAKE: Q. Do you serve as a representative of any hotelier or any other person who rents out housing unitsll:49:57 Peterson Reporting, Video Litigation Services 74 CONTAINS CONFIDENTIAL INFORMATION to tenants for periods of less than 30 days? 11:50:00 MR. BRIGGS: Same objection; same instruction. JUDGE FATE: Sustained. BY MS. PANCAKE: Q. In the past, have you ever served as a 11:50:09 representative of any hotelier or any other person who rents out housing units to tenants for periods of less than 30 days? MR. BRIGGS: Same objection and instruction. JUDGE FATE: Sustained. 11:50:19 BY MS. PANCAKE: Q. Have you ever updated the information on Exhibit 6, which is the original application for transient occupancy registration certificate? A. No. 11:50:39 Q. Are you aware of whether or not anyone has tried to update the information on the transient occupancy registration certificate on your behalf? A. I'm not aware. Q. Have you ever paid any transient occupancy tax 11:50:57 to the City of San Diego? MR. BRIGGS: Let's see. I'm going to object that the question is vague and ambiguous. Do you mean as the hotel guest or as the person collecting it from the transients and then submitting itll:51:l? Peterson Reporting, Video Litigation Services 75 CONTAINS CONFIDENTIAL INFORMATION to the City? 11:51:23 But I'm not telling you you can't answer the question. so if you know the answer. THE WITNESS: Can you clazlfy? BY MS. PANCAKE: 11:51:32 Q. Have you ever paid any transient. occupancy tax with respect to the pxopezty llsted 1n 6? MR. BRIGGS: You can answer that. THE WITNESS: No. BY Ms. PANCAKE: 11:51:56 Q. have you ever paid a TMD assessment for the property that 1.5 listed Exhnbit 6? A. No. Q. have you eve: suhnutted any clams a bed tax overpayment? 11:52:22 A. No. Q, Have you ever sought a tetund of any transient occupancy taxes fzom the City? A. NO. Q. Have you evex - do you have any other 11:52:34 correspondence the City wuh respect to the address -- a? A. No. Q. and you xecelve a ballot fox the approval of the Tounsxn Mazketlng assessment zenewa1? 11:52:56 Peterson Reponing, Video Litigation Services 76 CONTAINS CONFIDENTLAL A. I have no idea. 11:52:59 Q. Do you believe that you were you should have received a ballot for the Tourism Marketing DiStrict assessment renewal? MR. BRIGGS: I'm going to object. Do you mean 11:53:08 as a registered voter in the City of San Diego or as one of the businesses one of the business owners to whom ballots were mailed? The question's vague and ambiguous. MS. PANCAKE: Well, my question is broad and soll:53:22 now that you've instructed your client about matters associated with that, my question is broad. BY MS. PANCAKE: Q. Do you believe that you should have received a ballot for the approval of the Tourism Marketing 11:53:38 District assessment? A. Yes. Q. And what's your belief based on? A. Well, if I have to pay a tax on something, I should have the right to vote on it. 11:53:49 Q. Have you ever paid a tax? A. Not on this one. Q. Have you have you ever paid any taxes that you would require you to receive a ballot? A. Not ?w 11:54:04 Peterson Reporting, Video Litigation Services 77 CONTAINS CONFIDENTIAL INFORMATION MR. BRIGGS: Dbjection. That calls for a conclusion, it's also very, very broad so it?s therefore vague. Did you answer and say no? THE WITNESS: I did. 11:54:14 MR. BRIGGS: okay. BY MS. PANCAKE: Q. Do you believe that you had to pay a tax related to the Tourism Marketing District? A. I actually don't have any idea. 11:54:24 Q. Do you believe that you have to pay an assessment related to the Tourism Marketing District? A. No idea. Q. Other than your belief other than your belief that if you have to pay a tax on something that 11:55:00 you should have the right to vote on it, is there any other reasons that you believe you should have received a ballot for the_approval of the Tourism Marketing District assessment? MR. BRIGGS: I?m going to object as "any other 11:55:13 reasons" questions are not allowed in depositions. But you can answer if you know. THE WITNESS: No. MS. PANCAKE: You know what, it?s 12:00 o'clock. And so I think we should take a lunch 11:55:41 Paterson Reporting, Video Litigation Services I. 78 CONTAINS CONFIDENTIAL INFORMATION break so I can review my materials and see what other 11:55:48 questions I have. MR. BRIGGS: Is lunch here yet, do you know? It is here? Okay. That's fine. MS. PANCAKE: Okay. Thanks. 11:56:02 THE VIDEOGRAPHER: Off -- Off the record. Time is 11:56 a.m. (A recess was taken.) THE VIDEOGRAPHER: Back on the record. Time is 12:45 p.m. 12:45:13 BY MS. PANCAKE: Q. Ms. Cacciatore, we are back on the record after a break, you realize that you're still under oath? A. Yes. Q. After taking the break for lunch, is there any 12:45:3l testimony that you think needs to be corrected or changed at this point in time? A. No. Q. Did you ever rent out the property which is the subject of the transient occupancy registration 12:45:48 certificate for a period of less than 30 days? A. No. Q. After you sent in the application for the transient occupancy registration certificate, did anybody from the City ever contact you with respect to 12:46:13 Peterson Reporting, Video 3.: Litigation Services 79 CONTAINS CONFIDENTIAL INFORMATION any processing rssues? 12:46:16 A. No. Q. The number that's on here as your informetmn, your phone number, is that your phone number? 12:45:28 A. Yes. Q. Is that phone number phone number that goes A. Yes. Q. 50 re 12:46:40 MR. BRIGGS: Wen es THE WITNESS: It's my Cell phone number. That's my ce11 phone number. BY MS. PANCAKE: Q. That's your ce11 phone number? 12:46:45 A. Yeah. or me anyone ever contact you on that number A No, Q. r: to to discuss processing issues? A. No. 12:46:51 Q. Do you know whether the C1ty ever contacted anyone at the Law Corporatmn with respect to any issues that may have occurred with respecr to the of your applicatlon for a transient occupancy registrataon cert1f1cate? 12:47:07 Peterson Reporting, Video Lingation Services 80 CONTAWS CONFIDENTIAL INFORIVIATION A. I don't know. Q. I'd like to go back to Exhibit 1, which is the list of documents that you were requested to bring with you. And when we left off.going over this document, we were on Item No. 6 -- or Category No. 6. And other thanl2:4?:26 the transient occupancy certificate, which we had marked and attached to this deposition as Exhibit T, are you -- are you aware of any other registration certificates in your name that have been submitted to the City at any time from January 1, 2088, to the present? 12:48:01 A. No. Q. Do you have any I I think and I just want to go over these quickly. On Category No. 9, I think you already testified that you have not made any claims for overpayment of transient occupancy tax or 12:48:24 refunds; is that accurate? A. That's accurate. Q. Category No. 10, do you know if well, let me ask, do any documents exist that are responsive to Category No. 10? 12:48:45 A. Not that I know of. Q. Are you aware of whether any documents have existed at any time? A. No. Q. And to just to and just to make this a 12:48:58 Peterson Reporting, Video Litigation Services 81 CONTAINS CONFIDENTLAL faster process, I'm going to ask-you a question that's 12:49:00 going to ask go through each one of these and ask whether documents exist currently or have they ever existed. So we can just go through them quicker. If there is a "yes" answer to any of that, then we can 12:49:15 separate it and and follow up with additional questions, okay? A. Okay. Q. With respect to Category 12, do dOCuments exist or have they ever existed that are responsive to 12:49:27 Category No. 12? A. No. Q. Category 13, do documents exist or have they ever existed? A. No. 12:49:42 Q. Category 14, do documents exist or have they ever existed? A. No. Q. Category 15, do documents exist or have they ever existed that are responsive to this category? 12:49:55 A. No. Q. Category 15, do documents exist or have they ever existed? A. No. Q. Category do responsive documents exist or 12:50:10 Peterson Reporting, Video Litigation Services 82 CONTAINS CONFIDENTIAL INFORMATION have they ever existed? 12:50:15 A. No. Q. Category 18, have responsive documents or excuse me, do responsive documents exist or have they ever existed? 12:50:26 A. No. Q. Category 19, do responsive documents exist or have they ever existed? A. No. Q. Category 20, do responsive documents exist or 12:50:48 have they ever existed? A. No. Q. Category 21, do responsive documents exist or have they ever existed? A. No. 12:51:16 Q. Category 22, do responsive documents exist or have they ever existed? A. No. Q. Category 23, do responsive documents exist or have they ever existed? 12:51:29 MR. BRIGGS: I'm going to -- well, it's a yes-or?no question. You can answer that one. THE WITNESS: No, not that I know of. BY MS. PANCAKE: Q. Category 24, do responsive documents exist or '12:51:42 Peterson Reporting, Video :51: Litigation Sewices 83 CONTAINS CONFIDENTIAL INFORMATION have they ever existed? 12:51:4? A. Not that I Know of, except for what you have provided today. Q. Do you have any involvement with any nonprofit corporations, other than SDOG, that have retained 12:52:06 Briggs Law Corporation? MR. BRIGGS: I'm going to object on privacy grounds and outside the scope of discovery. I don?t -- her personal affiliations are none of your business, my other clients are none of your 12:52:20 business. I'm going to instruct the witness not to answer. I MS. PANCAKE: Your Honor, can we get a ruling? JUDGE FATE: Sustained. BY MS. PANCAKE: 12:52:31 Q. With respect to Category 25, do responsive documents exist or have they ever existed? A. Well, you have an application here, but I didn't fill anything out. So I?m going to say no. Q. When you say I have an application here, what 12:52:46 do you mean? A. You provided an application12:52:57 Peterson Reporting, Video Litigation Services 84 CONTAINS CONFIDENTIAL INFORMATION A. But I don't have anything. 12:52:58 Q. But A. No. Q. you're not a member of SDOG and you've never been a member of SDOG -- 12:53:01 A. No. Q. correct? A. That's correct; Q. Category 26, do responsive documents exist or have they ever existed? 12:53:12 A. No. Q. Category 27, do responsive documents exist or have they ever existed? A. No. Q. Category 28, do responsive documents exist or 12:53:24 have they ever existed? A. No. Q. Category 29, do responsive documents exist or have they ever existed? Ii." No. 12:53:39 Q. Category 30, do responsive documents exist or have they ever existed? A. No. Q. Category 31, do any reaponsive documents exist or have they ever existed? 12:54:02 Peterson Reporting, Video Litigation Services 85 CONTAINS CONFIDENTIAL A. No. 12:54:06 Q. Category 32, do responsive documents exist or have they ever existed? A. _No. Q. Category 33, do responsive documents exist or 12:54:13 have they ever existed? A. No. Q. At the time that you signed this document -- well, let me let me rephrase that. On June 30th, 2012, do you know what the statu512:55:06 was of the TMD assessment district? A. No. Q. Do you know what the TMD assessment is? A. Transient something. I don?t know what it stands for. I don't recall. 12:55:28 Q. Do you know what -- do you know what the Tourism Marketing District does? A. Oh, no. Q. Do you know anything about the Tourism Marketing District? 12:55:33 A. No. MS. PANCAKE: I have no further questions. MR. BRIGGS: Catherine. MS. RICHARDSON: Just one. 12:55:53 Peterson Reporting, Video Litigation Services 86 CONTAINS CONFIDENTIAL INFORMATION EXAMINATION 12:55:57 BY MS. RICHARDSON: Q. Ms. Cacciatore, when did you quit working for Helix? A. 2011. 12:56:03 MS. RICHARDSON: Okay. Thank you. I have nothing further. - MS. GLADDEN: Do I need the mic? i EXAMINHTIUN 12:56:09 BY MS. GLADDEN: Q. I think I heard you answer earlier that you are not married to Mr. Briggs and then I think I heard you later refer to him as your husband. Can you clarify the discrepancy, if there is one? 12:56:26 A. Sure. So we have are together religiously, but we've never had a civil service and we refer to each other as husband and wife because we've been together so long. MS. GLADDEN: Thank you. I don't do you 12:56:41 have any other questions? MR. BRIGGS: I don't have any. Want to propose a stip, Jenni? MS. PANCAKE: ?Just a minute. Let me just see. The stipulation that I would propose is that 12:57:33 Peterson Reporting, Video 85 Litigation Services 87 CONTAINS CONFIDENTLAL INFORMATION the court reporter be relieved of her statutory 12:5?:35 obligations with respect to the handling of the deposition transcript at such time as she has already prepared it. We will agree that the transcript can be sent directly to Mr. Briggs' offiCe; that within 30 days12z57:48 of the transcript being sent to Mr. Briggs' office, the witness will read the transcript, make any changes that are necessary and sign the transcript under penalty of perjury. Mr. Briggs will advise my office about whether l2:58:06 the transcript has been signed and whether there have been any changes made to the testimony given today by the witness. We can agree that Mr. Briggs will maintain custody of the original, that he agrees to bring it to 12:58:19 any proceedings in this matter upon reasonable request reasonable notice by any attorneys, and that if the signed original is lost, Stolen, destroyed or otherwise unavailable, a certified copy can be used in 12:58:4l its place. MR. BRIGGS: Two changes: Number one, 30 days from our receipt of it, I don't have any control over when it?s sent. No. 2, this is subject to her getting her witness fee, which I don't think -- MS. PANCAKE: Oh, you are totally correct. I?m12:58:54 Peterson Reporting, Video Litigation Services 88 CONTAINS CONFIDENTIAL INFORMATION sorry. It's been sitting here in front of me. 12:58:56 I do have a witness fee for you. So, Ms. Cacciatore, you are appearing today as a result of the subpoena that was attached to Exhibit 1, correct? 12:59:10 THE WITNESS: Yes. MS. PANCAKE: Okay. I'm handing you a check for $38.60, which is the statutory witness fee. It?s $35 is the statutory flat fee, and then there is 20 cents per mile, mileage from your place of residence 12:59:24 to the deposition site here and I've calculated that out to be $3.60. And so are you accepting this witness fee? THE WITNESS: Yes. MS. PANCAKE: Okay. MR. BRIGGS: So stipulated. 12:59:44 MS. RICHARDSON: So stipulated. THE VIDEOGRAPHER: This ends the videotaped deposition of Sarichia Cacciatore. The time off the record is 12:59 p.m. 12:59:54 (Deposition was concluded at 12:59 Peterson Reporting, Video 35 Litigation Services 89 STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, Lynette Marie Nelson, Certified Shorthand Reporter, in and for the State of California, Certificate No. 11585,do hereby certify: That the witness in the foregoing deposition was by me first duly sworn to testify to the truth, the whole truth, and nothing but the truth in the foregoing cause; that the deposition was then reported by me in shorthand and transcribed, through computer?aided transcription, under my direction; and that the above and foregoing transcript, is a true record of the testimony elicited and proceedings had at said deposition. I do further certify that I am a disinterested person and am'in no way interested in the outcome of this action or connection with or related to any of the parties in this action or to their respective counsel.? itness hereof I ve hereunto set my hand this lw?day of 01 . Lynette Marie Nelson, CSR No. 11585 iill CONTRINS CONFIDENT IAL INFORMAT ION :13 90:11 91:15 64:22 76:22 '21 5:13 acronym 23:20 $31-60 89:12 2008 30:4 81:10 39 5:6 72 4:24 acronyms 24:1 535 39:9 2010 69:5 71:6 73 5:13 661291 54:5 $33-60 89:3 2011 87:5 74 5:14.15 acting 44: 14 I . 44:1? 5:8,16 . 1 1:182:20 4:12 62:5,8,19 4 .5 5:4 21:23 86:10 _50' 51'25 ?ma! 60'10 :11? 8 8531113?? 23:9.1165:8 320? i 5:7 73995213 15:9 20:7 55:7 81:2,10 89:4 314 64:17 63:6 52:24 62:11 6:3 20:3,22 43 4:14 84 516 6816,24 ?1'02 7?3 214:12 37:19.21 4 . - 73310 9415,17 107 64:18 80:8 83: 13 35:13:?4115 addition 50:17 10995 27: 19 21315425708 5 60611161161 82:6 3.9 86 4:6 111th 20:3,22 5 4: 19 5:10 address 2:21 11 5.7 22 83:16 54:21,24,25 37 4-7 8:306:17 ll 26 65 23 5:11 1215 553214 6112735 11.36 6 I 83:19 50 5:8 9 88521411281521 23rd 62:8,20 530 2:216:7 9 5?9 31?? 11:56 79:7 54:3 19:53 2:20 6:2 ADMINISTRAT 544:19 1100 3:12 24 5:6 83:25 55 5.3 95515 91:19 1113:4 7.5 5:13 34:16 56 4:20 90 5:13 admissible 53:11 11531251}? 26 85:9 57 59 90021-313? 3:9 advertise 69:24 9 27 5:5 85:12 585, 909)949-7115 70:18 125:5 82:9,11 '9 3:5 '6-15 . - . 1:22 1:21.51 78 25 28 85:15 91.5.5:5 85:18 6 91786 3'5 . 12:59 89:19,22 92101 3:12 6:8 affairs 61=9 1200 3:12 3 56:16,19,20,2 99 3:4 af?liation 31:22 13 66:16 82:13 3 4:15 5:13 25:13 2 53:25 59:13 af?liations 84:9 49171011 14 54:16 609' l4 5:3,5 82:16 75:13 agent 8125 9:1 30 50:7 62:5 69:2 76:7 12 22 am 2:20 6:2 50: 16 65:24 15 5.8 82.19 i . . 70:24 81:5 7543 651004 a eats 24- 10 24 1511: 40:9 74:11.20 60 510 79:7 3 . 75:18 79:21 ago 15:19 16 82.22 4 :41: 13.16 6.4 75 0 822 85:2188:5,21 615:11 b: 21?? 16:13:15 I ?1 ?14 5 300 3:8 6191236-7726 1' e. 19110381? 13 33-3 3_13 12.1,191321 31,541.11 3011: 56:25 14:15 34:18 43:19 195:3 23:20 83:? 62:8,19 86:10 65 5:11 39:2143:3 4416,10,12 181:6:3 30:4 31 35:24 53 432 accepting 89:12 agreed '12: 15 32 5:6 86:2 69 5:12 accident 51:3 agreem?nt 1?:20 33 22;]9 36:5 accommodation 13103 52:25 24:145:11,12 7 8:15 ahead 10'12 24:46 25:6 350 2:21 A 48:58:51,151 7 57.101 24211211138121 7 ?=22 58 315613 I 8:12 . 65.12 88.Aladdin 58:12 20 5:46 26:7 6:12 accurate 61:21 61:3 64:23 3310 3910 3771 58:12 61:3 31:16:1790:3 76:22 Peterson Reporting, Video 8 Litigation Services 92 CONTAINS CONFIDENTIAL IN FORMAT ION allegations 39: 19 53:16,] 7 allow 61:18 allowed 53:9 54:13 70:7 78:21 already 8:5 10:11 40:2 47:1 8,1 9 62:3 81:14 88:3 alter 53:16 am 8:25 36:5 91:11 ambiguous 75:23 amended 4: 12 22:6 Amendment 55:21 56:4,7, l2 59:6,1 1 analysis 29:1 andfor 27: 19 20:5,18 60: 16 answers 12:9,24 13:10 18:22 46:20 Anthony 38:5,20 anybody 47:5 79:25 anyone 16:22 33:10 37:22 38:18 47:24 48:2 49:13 50:1 57:8 75:16 80:17,22 anything 8:10 17:2 19:20 28:8,14 34:3,14 41:17 43:10 44:23 57:17 63:3 64:6 72:24 84:19 85:1 86:19 apparentiy 42:8 53:2 April 62:8,20 34:3 23:20 areas 25:25 29:6 argue 21:16 argument 53:18 72:11 art 11:7 assert 58:1 asserted 59: 11 ASSESSED 1:9 2:9 assessment 76: 1 1,25 77:4,16 78: 12,19 86: I 1,13 ASSESSMENTS 1:9,112:9,11 assets 50:15 58:14.24 59:15 61:9 74:5 associated 77: 12 attorneys 16:21 33:6,11 34: 15,20 37:22 47:25 48:3 88:17 attorney's 43:22 56:15 61:22 69:21 available 1 1:3 Avenue 3:8,12 58:12 61:3 64:23 76:22 avoid 2619 44:20,23,25 aware 24:5 35:1 36:5,7,10,14 37:16 38:2,7 39:18 41:9,12,22 43:7 8128,22 baebelor?s 10:1 6:16,18,22 23:14 25:10,l8 26:6 36:20,25 39:12 48:21,23 52:10 75:18 belief64:5 77:18 78: 14,15 believe 31:23 52: 1,9 63:19 64: 1,4 77:2,14 bene?t 15:25 29:9 best11:l8,24 12:20 13:7,15,24 14:5 15:4 better 13 12 big-dollar 46:17 biological 9:8 bit 30:11 51:14 63:24 61:14 appear 59:4 . . blast 37:4 Angeies 3:9 $531911]; 11.20 baekdate 64.13 annual 37.3 appearance - background 9:25 8?33"" 19:13 assuming 10:10 17:2518:19 3575417921 - - . ?3113132351130 :1 APPEARANCE 3319,21 36.9 backwards booklet 11,1 13;? 5 3-1 attached 411:4 14:25 15:3 Boulevard 64:17 20:14,? appearing 39:3 81:7 39:4 haunt 46:2,, 68:6 30:3 21:12520?21 appears 53:25 attend 35:9 77:3,15,24 bounds 47:57.19 applicamn attended 34:22 13 13 box 53:? 32:21 29.20 33.4 4-16 17 20 ballots 77'8 34:5,6,15,18 212 attorney 3:11 break 64:25 4o:12,22,23,2 3 9: 19:13,21 bar 424,113 55,4319 4325 41.20 333.1051?! 24:12 25:3 45:13 5793,23 43:4 60176217119 34:4 41:13 d? . 79:1 13 15 44.2123 25 64:2 42:1943:11 use [3'16 5 5 55:3?9?22 79:23 50:13 basic 18: 19 briefed 8:4 I - 3.2 a I 34:13 20 22 attorney client asts . . Briggs 3.2,3 6.24 53:5,3,14,15 19:13 33:2 51:3 53:22 7:323 apply 42:10 59:7 4135,25 64:5 70:21 8:4,8,18 9:18 60252141131151! appointed 25,22 425,12 11:13 11:3 15:1,4,2 9.. 5 61.14119 43:13,? bathroom 64.25 1s:s,19,15 aPl?'mtment 1731 1330 7000 71:19 25:23 45: 1,6,14 became 19: 12 76:2,3,8 3:13 46:22 419.1222 20:4,12,1s,23 72:12 47:4,10,13,16, 43:2 21:21 19 55:20 - . 22:22.24 87:12 7924 5225 53-3 35'2 2.4-3 is 19 7711578218 bed 16:14 4 .- answered 62:3 I attunerdieng 2519:2012answeriag 12:5 P5319 Pmllegm begins 6'9 65'? 116-,- 4 '1 5 0 behalf 1824 Peterson Reporting, Video 3 Litigation Services 93 CONTAINS CONFIDENT IP11. INFORMAT ION 2914,12 3111,19 32:23 33:1 34:2,8,14 3814,19 40:2,23 42:9,11 43:8 44:13 45:2,9 42:6,15 4810,13 50:8 52:2 53:2 55:4,6,13,19 56:3,9,l4 5213,24 58:2,13,20,22 591013.21 60:3,916 61:6,19 62:3,9,13,21 63:8,21 6419,25 65:3,6 66:2,5,22 69:6,18 20:2,15,23 21 :2,23,25 22:10 24:4,12,21 25:2,9,22 26:8 22:5 281,620 29:3 8011,22 83:21 84:6,2 86:23 8213,22 88:5,6,10,14,2 1 89:15 hring 53:6 81:3 88:15 broad 33:2 22: 10,12 28:2 Brock 43:21 hrought 50:24 business 26:2 5214,20 61:9 6912,13 20:2 22:2 8410,11 businesses 1:9 2:9 20:5 22:2 Cacciatore 1:16 2:18 4:2,12,14 6:10 212,192] 8:2410:314:8 18:25 20:21 21:25 23:9 24:23 26:12 29:13 30:2,13 39:1842:2 48:2,15 50:4 54:23 55:5,14 56:18 58:11 59:12 60:6,18 61:24 65:9,13,l6 66:15 62:2 21:3 23:4 24:1,9 29:12 82:3 89:3,18 90:4,19 C-A-C-C-I-A-T- O-RFE 2:20 calculated 53:11 54:6 89:11 California 1:1,12 21,21,23 3:5,912 6:8 64:18 911,4 capacity 14:9,12,12 Carmen 1213,12 cart 54:9 case 1:6 2:6 6:12 16:1 18:3,6 19:25 20:6 21:6 23:18 34:4 39:21 42:1,6 43:12 46:10 51:2,3 53:12 5215,12 61:10 69:8 20:4,9 22:4,16 24:14 cases 9: 15 38:24 46:9,24 cat 24:13 categories 2218,25 category 22:16 23:9,11 24:4,6 25:6,13 22:15 28:4,15 81:5,13,18,20 82:9,11,13,16, 1920,2225 619,25 8416 21,24 86:2,5 Catherine 3:1 1 6:18 86:23 Catherine?s 12: 13 cause 91:2 caused 43:6 cautions 59:12 CCRR 1:19 91:19 cell 8012,1315 cents 89:10 certain 31:23 certainly 12:23 20:4 certi?cate 4:21,23 5:19 52:3 60:8 61:5 64:3,22 62:11,20,25 6812,21691 201,19 21 :4 23:24 2514,18 80:25 81:6 91:5 certi?cates 81 :8 certi?ed 2:22 88:19 91:4 certify 91:5,11 chance 6519 change 1110 changed 65:21 29: 12 changes 11:5,11 88:2,12,21 changing 22:22 cheek 28:16 89:2 children 44: 15 circumstances 43:6 54:11 5210 city 1:2 2:2 3:10,114:20 6:1 1,19 43:21 50:6 59:1 61:12 6213.22.23 63:11,13,16,1 8,19,22 64:1 6212,1416 23:8,24 24:3 25:21 26:1,18,21 22:6 29:25 80:21 81:9 90:13 civil 82: 1 2 claim 56:6 claiming 52:8 claims 26:14 81:15 clarify 26:4 82:14 class 22:21,23 clear 12:18 29:1 43:22 44:22 client 18:5 21:12 23:22,24 40:4 415:1 50:13 22:1 1 clients 84:10 client's 1711,15 cocktail 42:22 Code 42:6 COLANTUON 0 3:2 collecting 25:25 COLLECTION 1:11 2:1 1 Collins 15:23 commencing 2: 19 comment 11:13 comments 44:15 commission 26:23 Committee 32:11 commonly 46:12 cammunicating 12:3 communication 4116,25 42:5,19,23 45:20 46:23 54:12 55:20 communications 32:3,? 58:5 company 29:8 661,20 completely 12:6 computer-aided 91:8 concede 18:2 concerned 12:19 concerning 34:4 40: 11 concluded 89:22 conclusion 42:6 28:2 con?dential 1:15 9:2145:12,19 4614,22 20:3 conflicted 46: 13,16 connection 9:15 42:11 52:12 54:14 69:8 91:12 consent 52:16 61:11 consistency 69:2 contact 29:25 80: 12 contacted 80:21 contained 59:18 90:2 contains 9:21 22:6,2 contents 50: 2 co ntin uonsly 21:5 contracts 36:24 control 88:22 conundrum 45: 12 conver 45:12 conversation 45: 1 6,1 8 conversations 33:3 40:11 42:10 44:12 convey 52:21.25 53:5 22:24 conveyed 42: 1,4 Peterson Reporting, Video 6 Litigation Services 94 CONTAINS CONFI DENT IRL INFORMATI ON convicted 18:25 53:25 66:24 deed 4:19 56:6 50:1 19:36 22:7 83:1 defendant 315%; 20 discussion 45: 12 cop},l 4:24 88:19 Court-ordered 14:11516 3'1_24 3'2?2?5 discussions I 43. corners 26.4 . .2 courtroom 10:1? defendant?s mtg? 1'2?713?? . . Corp 23:24 1522 22.2.32: courts 46:23 395.111,] 1,12 91:11 Defendants 1:12 4:72:10 1 a dis utes 46.11' 35'19?23 "u 5 2:12.19 15:23 23:22 d. t] 2 corporation covered 21:10 30:7 50:5 59:1 is no 3:226:12 ?Ef?indmg 5025 . . 3:26:1223:23 creates 51:3 64-13 14-3 23:23 bl de?ne 24:10 75:21 77:6 16:25 72:3,16 25:19.32 cre i iity 11:15 91:2 "1829,1219 27:3 4 1 21:6 53:13 dame" 36: 1 1.12.20 2 a 2 d?ff? 11 14-4 29: definitive 43 I are ca divorce 46:1} 53: 13,19,111 37:19 21 dela 62:12!? different 63:25 64: 19 80:22 . 63.15 54:10 22:21 d'nge 34:19 34:6 ""1195 1951 - . divulges 41:15 . . I 56 - delayed 63:19 d'f?w't 42-16 corporations crfm'? '3 64:2 dif?culty 41:24 document 3435 criteria 35:1 demonstrating d. :5 22: 1,9,12 991211412221 CRR 1:19 91:19 32-913 ?gm 27:14:41? 34:2136:13 . dining 14:1 494 4333 45:7 59:19 CSR 1-19 91-19 depicted "16:22 directed 23:5 2513;331:1313 dept] 43:]3 1?.3212?15 5 6 25 35:23 33:39.5 491195111911 1:16 direction 91:3 corren?r 50:4 2:18 4:12 6:9 . 53:13.20 59:1 corrected 29:16 52:3 32:3 9:19 19:4,2 mm?? 3315 61:25 correctl 11:9 1 a - - . 63:11,13,16,2 3? cut 12:3 183116 discerning 42.7 06410913 correspondence 191911 1 :13215 91391953 3110 68:10 35-'4 7691 20:3 22:22.9 23:12 34:3 31:4 36:3 CorgiF 3:3 6:24 .4 . 50:23 53:4,9 42:20 43:10 16:8,10,15 ?3211:1115 56:1 65:9,13 52: 19 4-13 11:3 23:13 22:12.23 31:2 - . 12 I4 16 dated 62:5 63:23 33:3 4615 giff?gf? 22:2 day 46:56 63:23 3911 1:13:22 d'sc'05'?g 46: 25253 6 23' 33: 14.19 93:11 91: 15 913541310 discoverable 2221621121 14:11 days 50.? 69.2 depositions 21:3 57:13 "12:13 23:3,15 calms? 6514 20:24 24:9 29:3 44:] diScovery 3129,13 16:5,? 24:1 1,211 5354 13321 12:14.24 23:2 81:3,19322 91:13 7521.8 79:21 describe 9:5,25 26:1 40:4.Il . . 88:5,21 23:1 30:3 50:17r 1 count 2225 deal 46-? 31:11} 120 51:4,15,18 Connty1:2 2:2 15:21] 55:17 death 3:9 60:10 69:11 34:1? 3. 91:2 1-13 ?Embed 67:3 211:4 34:3 35:9,12,15,13, couple 29:3 232.0 5:3 47:25 designated 1'1: 14 discrepancy 21.24 86:25 21223110 2 48:3 desire 52:11 33:15 domestic 26:?Hilde desires 5'1: 14 discuss 32:2 46 9?10?12?? course destroyed 83:18 80'19 donate 39 I 1201111 decisions 57:20 . . discussed 10:11 donations 39:4,? . deterMI??tl?n declaration 4:14 53:14 done 9.18523 . 32:5,2133:8,9 . . 111-15 24 4343:2033 - 20.? 13.23 23.2 49:4 51:190:1 ?1 ?mm 1 47-24 43-2 22:1154:2 12.15 46.5 . . . 51:21 52:2 declare 90:5 Diegans 1:4 2:4 discussmg 49:13 12:6 ?13: 10 Petersen Reporting, Video 3 Litigation Services 95 CONTAINS: CONFI DENT IAL INFORMAT ION door 59:23 ,24 driver?s 26:19 drop 62:13 duly 2:13 91:6 during 40:10 duties 22:8 earlier 65:23 3?:12 East 3:4 economic 54:11 educational 9:25 4,12r effect 40: 10 effort 12:4 efforts 20:3 ego 53:16 either 16:14 63:6 23:11 elicit 41:15 44:12 elicited 90:3 91:9 eliciting 44:13 eliminate 46:13 53:4,5 else 15:15 16:22 12:2 38:13 email 35:? 3?:4 employed 33:13 employee 23:24 38: I 3 employment 23:13 enlighten 51: 14 entered 36:24 entirety 90:6 entitled 29:13 56:3 envelope 4:24 23: 15 environmental 9:4,5,2,9,11,14 10:2 66: 16,21 ,23 ESQ 332,311 establishing 52:4 ?1:21 estate 25:24 estiate 13: 16,19,24,2 5 14:4 estimates 14:5 et 6: i2 everything 25:23 evidence 42:6 50:22 51:16 exactly 12:16 - 13:22 examination 4:4 ?:15 51:9,12 32:1,10 example 13:13 except 34:2 exception 46:4 exclude 33:5 41: 1? excluding 34: 14 53:5 excuse 33:4 Executed 90:1 1 exercise 56:? exercising 56: 12 Exhibit 21 :23 22: 1,3 43:5,3,9,15 1,14, 16,19,20,24 50:2 55:2,4 56:16,19,20,2 2 53:25 59:13 64:16 62:9 63:3,11,13 ?0:20 21:5 23:2,5,13 25:13 31:2,? 39:4 exist 23:11,l2,13 24:? 25:6,14 54:? 31:19 82:3,9,l3,l6,l 9,22,25 6,19,25 34:1? 85:9,12,15,13, 21,24 36:2,5 existed 25:3,16 31:23 20,23 333333134, 1?,20 34:1,1? 35: 10,13,16,l 9,22,25 36:3,6 expense 26:6 expensesd23: 14 25:18 explain 15:3 46:? explained 40:3 explanation 64:9,12 extent 21:4 23:3 26:5 fabricate 52:10,,13 fact11:1312:25 l3:l?2l:l3 33:24 50:21 52:2 54:6 55:13 facts 13:3,12 fair 24:2] false 56:6 familiar 35:25 36:3,5 family 3:9 faster 32:1 fear 3:2 fee 3:13 33:24 39:2,3,9,12 feel 11:5 Felix-66:24? felony 19:1 ?eld 9:12 Fifth 55:21 56:4,2,12 59:6,11 ?led 14:3 15:20 36:4,15 41:9,12 43:2 42:3 ?ll 60:6 34:19 ?lled 60:11 filling 5?:1 financial 50:9 54:10 52:13 fine 19:2124:14 28:13 43:11 20:25 29:4 ?nish_12:? ?rm 25:23 26:6 23:24 29: 19 ?rst ?:13 31:4 41:9 4?:3 91:6 ?t 23:3 ?ve 15:19 46:11 ?at 39:9 floor 46:19 ?ow 12:10 folks 24:11 footer 9:20 foregoing 90:6 91 :6,2,9 Forging 14:22 Forgot 63:24 form 12:22 13:6,12 50:13 59:18 61:1? formulate 1 1:23 13:24 forward 13:16 21:9 foundation 23:22 29:4 54:19 63 :2 foundational 29:22 66:4 fraudulent 14:22 15:1 53:20,2l 54:5 free 34:6 fro 4:13 front 59:24 39:1 ?funding 39:10 funds 39: 12,16 generate 20:3 geography 10:1 gets 29:9 getting 62:22 33:23 given 13:22 25:21 65:20 33:12 giving 56:13 23:4 Gladden 3:4 6:22 l6:3,9,l4 32:25 33:20 32:8,11,20 gone 63:1 Gotcha 59: 13 gotten 43: 11 54:3 government 1:4 2:4 4:15,1? 6:11,23,25 9:16 23:19,21 30:2 31 :25 32:3,6 62:10 governmental 26:22,23 Grand 3:3 ground 10:6,12 grounds 22:12 29:13 55:20,2l 56:4,? 34:3 guess 13:3,11,13 14:4,23 29:3 42:9 53:21 guest 30:21 25:24 hand 13:15 91:15 banding 89:2 bandling 33:2 handwriting 23: 14,12 Hang 48: 10 happened 44:12 happens 23:1 harass 61: 14 harassment Peterson Reporting, Video Litigation Services 96 CONTAINS CONFI DENT IAL INFORMATION 17:23 18:17 haven't 18:1,18 54:3 having 7:13 25:22 hear 19:15 heard 17:13 19:17,20 37:21 44:6 47:2,3 49:13 50:1 87: 12,13 held 26:25 Helix 66:23,24,25 87:4 66:25 help 45:11 herehy 91:5 herein 90:4 hereunto 91:14 hers 70:5 he?s 60:24 3:7 hire 46:12 historical 71:18 hit 46:19 i hold 26:19 27:6 46:23 home 30:21 68:2 HON 3:14 Honor 7:25 20:15 21:18 27:23 28:20 29:1140:14 45:3 47:21 50:20 54:20 55:23 66:10 69:15 70:11 71:13 84:13 horse 54:10 hotel 50:5 52:5 74:2,10 75:24 hotelier 74:25 75:6 hoteliers 52:3 hotels 74: 18 hour 2:19 house 14:1 57:4,6,7,11 housing 50:5 74:2,9,25 75:7 huge 53: 14 husband 55:5,14,17 husband?s 31:10 husband-wife 42:9 I [an 30: 14 i'd 81:2 idea 25:9 30:17 31:14 38:4,9 63:23 64:6 77:178:10,13 identi?cation 4:11 21:23 48:5 49:7,16 54:21 56:16 68:8 73:2 identi?ed 39:24 40:15 41:4 51 :24 identify 6:14 51:21 52:2 54:1 identities 36: 17 I'll 24:18 26:10 58:4 66:12 I'm 7:22 8:10 10:6,10,11 12:9 14:20 18:23 19:17,21 20:23 21:7,15,25 23:7 24:2,8,24 25:2,3,20 27: 17 28:11,18 29:17,19 30:10 31:23 33:15,19 34:2 36:5,9 40:2,12 41:14,19 43:8,15 44:5,8,l5,20,2 2,24 45:10 46:5 47:17 48:7,12 49:9 50:8,18,21 51:11 52:16 54:23 55:6,19,21 56:18 57:13,20 58:7,14 63:1,2 64:15 66:2 68:4,6,10 69:6,13 70:2,9 71:7,16 72:11 73:4,5,12 74:4 75: 19,22 76:2 77:5 78:20 82:1 83:21 84:7,11,19 88:25 89:7 imagine 60:10 impact 9:7 11:14 impeach 11:14 impeachment 55:25 implicates 50:10 important 1 1: 18,22 12:7,10 inches 13:22 include 27:19 28:15 33:2 included 53:23,24 includes 24: 10, 12 50:9 including 17:20 27:18 incurred 23:14 25:18 26:5 individual 24:13 31:18 inference 71:17 information 7:24 9:22 28:14 34:19 42:1,18,20 43:9 44:17,18 46:14 59:17 61:17 68:15 72:18 75:12,17 80:3 inquiryr 54:16,l8 instruct 7:23 19:22 21:12 33:3 40: 12 41:19 44:21 55:21 58:7 59:8 60:1 69:14 70:9 84:11 instructed 5:1 60:18,25 77:1 1 instructing 28:18 29:20 47: 17 50:18 57:20 58:15 instruction 59:22 60:12 61:7 69: 18 74:21 75:23 instructions 60:20,24 69:22 intend 40:5,7 intended 40:5,6 42: 1 1 45:16,18 intending 46: 15 intends ]8:5 intent 45:14 intention 18:11 intentionaily 53:23 interested 1:7 2:7 91: 1 1 in ternationa] 20:22 interpose 22:24 interpreted 42: 1 8 intrude 25:25 invitation 35:9 invocation 43:16 44: 11 involved 9:16 46:8 47:4 67:2,3,5 involvement 30:3 38:3,8,15,21 84:4 isn't 53:3,7 71:3 issue 13:18 21:2 51:6,7,9 52:22 53:14 56:5 issues 12:23 13:2 66:8 so:1,19,23 item 81:5 it's 11:18,22 12:7,9 13:11 l7:11,23 18:2,17 23:5 28:8 41:6 42:16 43:8 45:14 55:24 57:18 59:21 60:9 61:6,19 62:5 63:5,6,23 64:7 66:4 69:16 72:25 73:17 78:2,24 80:12 83:21 88:23 89:1,8 I've 8:817:17 18:14 22:1 24:9 29:2 40:2,9 48:8 49:9,18 50:12 54:24 56:19 68:10 73:12 89:11 .1 January 30:4 81:10 Jenni 44:13 47:20 61:6 70:9 87:23 Jennifer 3:8 6:16 judge 3:14 6:20 8:2,5,7,16,20,2 2 10:17 20:16 2193119 27:24 28:21 29:21 40:18,21 41:24 45:4,8,10,25 46:2,6 47:19,22 50:21 51:14 52:14,16 53:15 55:24 57:22 58:4,17,25 59:12 60:1,14 61:16 63:4 66:1169:16 70:12 71:14,24 Peterson Reporting, Video Litigation Services 97 CONTAI NS CONF I DENT IAL I NFORMAT I ON ?2:1,12,13 ?4:2,16,22 $53,113 34:14 judge's 43:3 July 44:1 June 44:1 56:25 62:5,8, 19 86:10 jury 10:18 kidding 45: 10 Kim knew 62:12 knowledge 13:1? 33: 16,23 known lacking 28:22 laid 54:19 last 26:? 60:19 69:? later 11:14 30:11 65:182:14 law 3:2 25: 19,21,23 26:6 28:24 29:14 38:19 64:19 80:22 84:6 lawsuit 9:12 14:21 15:18,24 26:4 28:6 29:15 3629,10 39:19 40:1,8 41 :5,10,13 43:? 48:2 49:24 50: 1 1,14,24 51:8,10 53:6 66:12 62:3 21:10,22 ?2:1,15,24 lawsuits 14:9,1 1,16 36:3,14 6?:4 lawyer 10:11 32:23 62:2 lawyers 11:13,20 46:12 lay 29:4 54:11 63 :2 lead 51:15 53:11 leads 23:1? learned 34:4 41:1? least 69:8 leave 12:10 41:18 led 52:16.11 legal 22:11 42:6 28:1 length 13: 9,20,25 21:11 52:12 less 50:? 69:2 20:24 ?4:11,20 ?9:21 let's l4:20,21 44:22 63:4 65:? 25:22 LEVYING 1:8 2:8 license 26:20 licenses 26: 19 lie 56:5 life: 20:25 limitation 24:21 limited 28:9 69:9 limitig 24:12 Linda 4:18 32:8 LINE 5:2 list 51:20,24 52:6 53:23,24 54:14 59:3 ?1:20 81:3 listed 58:18 64:22 69:1 21:4 26:2,12 listing ?2:8 lists 53:24 Litigation 6:5 little 30:11 51:14 53:? 63:24 live locate 1?:4 located 58:12 long 9:1,9 23:13 27:3 31:19 longer 43:13,14 22:24 long-term 2126,18 Los 3:9 lost 88:18 lot 43:20 lunch ?8:25 ?9:3,15 Lynette 1:19 2:22 6:6 91:4,19 mail 62:14 23:9 mailed 6?:16 22:8 mailing 4:24 64:12 maintain 88:14 manner 53:21 manufacture 54:6 Marie [:19 2:22 91:4,19 marked 4:11 21:23 22:1 48:5 68:8,10 20:20 ?3:2,13 81:6 Marketing 1:8 2:8 6:1 23:23 ?6:25 22:3,15 ?8:9,l2,18 marking 23:5 married 26:12,14 42:9 56:2 82:13 master's 10:2 materials matter 1:2 2:2 6:1016:10,18 52:15 66:3 88:16 matters 42:11,20 60:11 69:2 22:25 22:11 may 9:16 11:5 12:4,5 13:3 28:5,2132:22 41:25 42:10 46:18 80:23 maybe 15:19 mean 24:20 31:? ?0:23 ?2:2 ?5:24 84:21 means measure 13:21 Media 65:8,12 medication 12:22 13:1 meet 30:16 31:4 meeting 35:10,12 meetings 34:22,24 - Mekeala 3:4 6:22 16:8,9,14 32:25 38:20 mem 32:15 member 28:23 29:25 32: 10,13 32:19 39:25 40:15 41:4 42:4,23 43:24 44:8 45:l3 51:19,25 52:21 85:4,5 members 33:14,20,22,2 4 34:13 35: 15 51:20,22 52:3 membership 4:16,1? 32:15,] 8.21 33:8,9 35:] memory 5?:25 mention 23:21 mentioned 18:8? 22:2 32:24 62:2 merely 29:8 mess 51:4 met 18:1 30:15,18 METHOD 1:10 2:10 mic 82:8 mile 89:10 mileage 89:10 minute 82:24 misdemeanors 19:4,? misled 22:2,11 missing 29:21 mission 35:25 misspelled 11:2 mistake 12:15 40:4 52:8 Mitchell 15:23 Monday 2:20 monetary 29:9 39:4 money 28:25 29:13,19 36:20.22 39:1 moneys 25:10 months 41:11 44:6,10,12 62:24 moral 19:2 Morena 64: 12 68:6 80:8 morning 6:1- 2:1? 53:3 Mosqueda 38:10,12,20 motive 21:19 Mount 58:12 61:3 64:22 26:22 more 20:19 4?:20 60:3 multiple 1? Peterson Reporting, Video 6 Litigation Services 98 CONTAINS CONFI DENT IAL IN FORMAT ION 18:11} 21:13 611:2 64:3 onto 54:13 60:14 63:5 Myself 48:25 numerous 8:8 20 Open 1:4 2:4 nwned 24:1,5 73:24- 25 nwner 9116:3319 20 59:3 1143;301:341 28:12 03211913315511: 30:? 31241. nwners Fm? I. :1 I . 6_ 29:13 30:25 31:6,15 32 ?5 912115 50-15 nestlest 4 .11 I upemm 1419 ohlect 2:22 occupation 8:24 a 9:3 62:11] operated 24:18 4 necessarily 28: ?curred 13,3 89'] 9?22 42?? 32224.2: 11:: 4 42:8 89:23 22931an 52:5 ?$341311; net335-13El r1 11124 13 19 13:25 53:23 48:31:12 negative 11-15 4311335618 ?Her 53:22 9'21"? 17313 . pages 9:21 neither 21.5 5535119 57:13 offered 53:2 nrder 1:15 9:21} paid 25:10 36:20 66:2 69:6 213:2 Ef?ce 3.1 4?20 45:5 46:22 25:21) 21315,] 1 Nelson 1:192:22 21:2 24:4 52:2 212:8 1212:2123 66 91-419 25:22 22:5 311295413 I I a $8.20 34,? 11:218:11 nrdered 51:21 pancake 3:3 4:5 neverlnind 15:14 23:3 26:25 orderin 52.2 6:16 2:16,25 . . news 33: 12 13 ?mm? 13:18 27:5 49:5 53:25 3143821223 36:6 nhjeeting 24:12 433293133 9:24 15: 12 44:2 50:14 ?Him 53-25 13:2,24 19:23 newsletter 52:3 ohjzefltign?g: 8856,10 organization newspaper 33:19 24:9 2812? of?cer 25:31 29:2 312:8 21:21:24 33:3 21439 27254 24:15:13,203 nexus 5412 42:15:22 I 35:19:23 3331434 2 26:11? 1 . . 34:13 39:25 22:23 28:2,21] niee 12:13 54234 ?19951593 40:16 41:5 29:11,12,24 nine 51-20 2343213 61:? 62:22 50:24.25 30: 10,12 6] 12 6021512? 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ONE-HALF 59:3 60:1 225 nntice 4:1222:2 1:10 2:10 61:18 33:12 Mummy nnes 60:22 overruled 20-16 :3 4:21.22 52:2 24:8,12,23 nntwithstanding 21,14,19 Peterson Reporting, Video 6 Litigation Services 99 CONTAINS CONFI DENTIAL INFORMATI ON 35:4,11' PC 3:3 physical 12:23 13:2 proper 13:2 36:5,10 . 13:2 . W10 13 Pedro 31.2113 prewous 33.13 properly 20.3 73213954 penaltj:r 1 1:4 piece 49:3 - previously 19:24 propert):r 53:12 39:5,11 30:14 33:3 pillow 42:13 65:21} 66:3,16 59:3 61:2,4 15 9011?s pin 36:24 prior 13:13 3622213724 65:4 plaintiff 1:5 2:5 703319 33:25 394114 people 12:15 3:2 51:2 55:25 31:4!? 42:13 44:4 . . 75.712 79-19 paper 411-3 . 4 . 53:5 54:16 15:? 13 72:3 privacy 3:23 me 31:23 25 papers 46:19 4 . 5 20:4 23:126:2 People 5 32.11 planner 23: 13 protected 51}: 18 We?" per 89:10 94:69:15 50530.15 30:5 3 15-? - . 66:16:21 51:5 55:10 . perceptlon 13.13 protective 1:13 partleipate planning 9:12 53:19 53:16 920' 23:11 Perlee 4=13 32=3 10.2 25.24 01 53,9 66:5,6 participating period 1:9 2:9 51:13 55:23 3016 "=12 med? 2331 45.15 69:12 79:21 34:13 34:3 40:1641:4 . please 6:14 40:13 riv?ege 19 19 51:19 32: 16 - perio 5 50:3 . . [13211911513311 71 34:1 1,20 1313 17111 42: 10 43:10 prowded 34:32: I I 35:1 3 23:17 26:6 44:11 45:6 rovides 39?25 parties 23: 13 29:22 65:21 43:13 59:6 45:15 50:11 Perjury 11:4 31:15 39:13 1 public 26:25 - - 59:5 (1 33:9 . 13?? 9313 34.13 91.12 god? portion 22:8 42;;112319?2 purpose partners 20: 13 permissible pasitim 24:9 3 44:24 50:13 party 23:21 26:1 50:13 ostmark Pr?bablh' 17111 4&3 53:3; 57:1 .222 3220 . 4 - - 09:11 3319,22 29:3 purp?ses [13:51- 1363090 permuted 1321 ?mm? 4631 53:25 03:15 50:14 52:4 1 i3 4 person 51:9 42:4 5220 75:9 ?gs?15235135 155 45.4,13 46.10 potentially,r 32.9 problem I a 1 patentials pate 3:14 5:21} 60:1131:22 45:14 312:5 1:15 32.300.20.22 32:8,13 34.-25 Preetlee 54:4 20:10 21:19 35:0,24 91:11 31 :20 procedures Pm? 33-24 2821 personal 7:24 preceding 13:22 3?:10 putting 56:5 2 3:11] . . proceedings 40:18:21 pmludlce 54'18 83:16 91:9 ?9 4 :24' . . . 41.4 3 25 33-35 51-? Hemmer] 43'3 process 10:13 quallfy 44:10 40:20 43:22 Prepare ?5:24 213312333135 quarter 13:22 50:21 51:14 personally 3:12 prepared 44:22 -- - t_ 52:1416 54:3 31:3 33:4 32:1 ques l?l?l 552415322 recessed ?19:21:23 - - personnel 28:13 PRESCRIBING 1 245,533 5341325 - 1.10 240 6182021 14151010 59:12 00:1,14 Perms 30?? 543:? 2035 13 19 - - 1 . resent 3:16 2511523716 Pm? 5 25:2 30.4 44.6 processing 02:14 21:13.22 30:12 I PERSONS 1:7" 31310 63:20 64:2 I 24:13 23:24 2:3 I 361:1,19,23,24 23: 1,5,13,23 71-14524 presented 56:22 33:1 32:1,13 pertemleg 9112 . 9'03"? 34-1012151 23:6:8 presndent 25:22 23:4 21:2023:3.9 29:3,10 35.310 84.14 Emma produeed 54:15 1331;135:0544 E43113 real mg 3'14 Production 4:phone 23:30:4.3 12 13 1 29543 4314 43:4 . i a 44:19,23,25 73-3511:15 5 prevent 12:23 45:20 Peterson Reporting, Video Litigation Services 100 CONTAINS CONFIDENTIAL INFORMATION 50:10 33: 16,1 7 refresher! 67:24 74:3 requests 4113 2331??ng reasonably ret'und 76:17 rentals 71 :9 22:20 58g? 53:10 refunds 31:36 74:19 req?:r2e463:5 59:4?15525 reasons 12:17 regarding 19:7 rented 57:3 60:4,13,23 25:22 63:25 71:5,17 43:10 6i:15,13,2o 23: 1 2,21 Re?t.er 26:16 24:19 mide 89:10 52"? lal?=13 recall 49:3,6 rents 74:25 75:7 resolution 322 63:73? 5431 61 :24 62:2 registration 72.23 24 25 6514 5913 53:14:13 4:21,23 57:2 resoive 45:12 70:12.16 66:13 60:2 61:4 repeatedly 13:15 respect 27:8 5 ?f1 1?15:? 6361123649: 643:? rephrase 41:12 23:10 53:14 75.23 76.3 22 53:3 23:5 67:10,20 . . . . 44.19 70.16 60.24 76.7,21 7110,12 32.1 36:15 63:17:20 399 was 33:22 n. 133 69:1,25 70:19 30:22 23 32.9 Questions 10:22 ma mg 7114 7337134 3? 341163339 12:11 15:2 ?Rim 33:32 75:14:13 reported 1:19 cf 13319.21 receive 19: 11 7953325 91:2 20:10,l3,24 29:13 75:24 30-23 31-3 response41:15 reporter 2.22 6.6 21:73.13 25:24 77:24 regular 35:12 7:19:1923' 5216-17 53-25 36?4 23:12 - 3733 10:15 24: res onses 12-20.19 34:21] 3591,29 reinten 13:12 12:15 46:5 51:13 responsive 29:2 32:2 39f3i5 57:5 relates 51:11.1 23:41.11 24:6 36:22 32:21 ?3:14 73-? Reporting 22: 16 31:19 relating 19.4 2, 20 25 . . receives 23:25 - 15-43113 3 JO: 3 questlon 77.3 2919 399 2915,16 8 83:3 4 71013 QUESTIONS relationship 3:5 ?mm 9'7? 16,191.25 recewlng 19:10 23:13 29:11:23 rep:se;t 6 84:16 . recess 7:6 65:11 30:25 31:1,13 1 i1 ,1 3 35:9,12,15,13, with? 32?4 29:3 43:12 44:9 4313,24 21,24 36:2,5 quid: 81' 13 recognize 44' 51:? resuit 15:24 39:4 Quirnz 4339315 50:23 66:1 1 representation RET 3'34 31:2,4,6,15,21 .19; 1 1520322 72-14 40:10 43:23 - 321316 54:25 56:20 relevancy 72:4 representati?ns TEtiijrilslgili??lg 'Quiroz?s 31:13 73514 relevantjl:16 17:21} quit 56:6 37:3 ?contain? 543 55:25 representative rewind 16:? Quitelaim 4:19 73.23 ?had 51'? t. retaining 46:14 - . . relleved 33.1 ?Pres?? 5' ?'93 1 1'8 23'? mm 532 24:11,25 revenue 39: 10 21,432,111: religioust 87:16 36:13 72:22 review 79?] 5135;111:4533 relying 17:15 represenmd 16:5 Ed 53; 10 64.35 - remember 15:22 37:24 40:21 revw I 3 - R3 ha dson 3:11 6519-14 remiod 9:13 6320 16213 "may 63:1 79:53:12 17:12 21:5 representing 53:13:21 realize p933 39.19 91.9 remotely 4423 45124 62:16 63:4,? - - {1 (I 55:16 - - - really 11.22 18.1 6?30? 6 removes 7,14 represents 23.19 3624 372,13 24319 2915 records 55:17 a] 1 8 2 8 reprimanded 89-16 42: 16 45:14 ?new i i - - REALTIME refer 23:23 75:25 77:4 44?? "$963 pmacy 7:14 17 . . 1:19 91:19 3 rent 50:6 70:3 Emu?? 21m?? . referee 621 74.1,] 1,919 2214,16 23.9 ?ghts 22.25 26.2 l2:17,19 30:1133:17 50:10 61:3,9 massif-l; 71 ~15 ?Herring 5335 rental 50:5 52:5 70-5 51% 7, 12 692 requested 17:5 reasonable ?fl-25h 13:22 70:26 31:21 31:3 room 14:1 Peterson Reporting, Video 3 Litigation Services 101 CONTAINS CONFIDENTIAL INFORMATION RPR 1:19 91:19 36:1,4,l4,18,2 34:5 42:3 22:8 56:6 0 22 25 44:?r 3 47:13 - . . - rue41}17_13 3?:33116 50:16512 Sooner 63.] stating 55.17 rules 10:7..12 33:3,3,16,21,2 52:19,25 56:3 sorry 15:11 status 36:10 ruling 2:25 3 5331-11332 22:23 459 st tut 33:1 31:9 13 23.20 39: 1,3.6.9,1 3,1 59: 14,24 46:5 68:4,6 239.13}? 40.54122 5,24 49:15 611:3,12 39:1 42.1125 43.3 41:3,9,12 43:2 61:12,14,19 5011143 steps 52:10 69:24 42212311 4413 47:3:11 55:53 23-1314 10:13 . 43:2149:1 69:11 13 . 34.13 4 st: 37.23 - 51:21 71:10,24 3 5 .11 25:23 72:15:19 sought 32:15 stipulated 22:3 53:1,5,13,25 24:4,5,14 76:17 39:15:16 :crosanct 46:23 34:525 35:4?5 shorthand 22: 3611316125 stoten 33:13 $1,095 91:4,3 - - stop 26:3 1? 12 32:10:14 short-term 69:] mum? 39:10 Street 2:2] 3:4 I . . 70113321923 South 3:3 6:7 2 secon?d 7.2 44.14 1.1932] 1 3.2; 9,15, 43.111,? 52.1 49 9 [3 spaces strikes 26:7 sowm - 53 1? speci?c structure 37:10 15.21] . 54.23 68.11} 23:19,2o,22 mm? 66:3 sham 49.14 30:23 51:13 stuhs 23:16 33:2 31:24 seeing 63:3 23:22 5M3 stymie 44,16 32:25 50:6 seems 23:2] Sihrel 3:16 6:4 speci?cally . . 52:24 5499,15 sign 11:4 55:16 43:22 44:2 seen speculate 1 sub 5 Doc 13?? 32:9,13 53:13 signature 5:13 62:23 subject 43:3 61:4 4 selective Speculation - -: 56:22 6229,1525 38:23 53215113112: 11': ?leafs 33:23 signatu res 49:22 6335 submit 6:10 ililg sense 42:25 Signed 59:2 speed 63:4 suhml?ed I I i I 90.4919 33:5,6,23 33:11,13 391245 63:23 26:14 separate 32:6 signing 61:24 spake? 10:25 81:9 A 7:20 September 12:23 Span? 46:18 wagiging 63:15 sat 29:2 2033222 7116 Site 39. 11 standing 12: 16 . - - seheduie 35:13 33-4 sitting 39:1 12111.4 5? 1 12 science 10:2 se?igf I?ll?) situation 42:13 51320223 5 52M131 623 1 served 20:9 753 ?mat? 46-24 25 53:36:16 89:4 60:10 69: 11} serves 52:25 521? gig subpoenaed - - - 19:25 73.4 34.3 service social 30.19 72:19: 15:16,: SDOG . some-hotly 42:22 1} 74: 14 5? 13053135 23:15.20 same? 6'5 46:21 51:3 stands 8615 19:11216 3333:3225 several 22:25 somehody's Start 12'5 11:? 31:1322 60:19 61:11 52:19 starti?g?il? sued 15:15 shape 17:21 somehow 29:5 Sta?? 1131192? suggest 13:19 13.6,? 50:13 54:12 6.15 7.179.21 221 . . ulte 34:12:32,334 she's 7:23 19:19 someone 15:15 4 34 3.12 6:71 35.253.410.12, 20:13 21:21 32:23 335,111 64,333,313 15,17,19,21,23 23:15 29:55:51; statement 45:23 Peterson Reporting, Video 3 Litigation Services 102 CONTAINS CONFI DENT IAL I FORMAT I ON summer 43: 19 SUPERIOR 2:1 3:14 support 49:1,5 supposed 21:2 supposition 45:1 1 sure 2:3,19 10:10 13:4 46:2 63:1 65:3 69:6 22:1132:16 sustain 54:12 66:12 sustained 42:22 21:14 24:2,16,22 25:3,10 34:14 sworn 2:9,13 91:6 SYSTEMS 1:19 91:19 tahle13:1914:1 51:2,10 tactic 46:9,16 taking 10:24 12:22 21:2 56:14 62:12 22:23 29:15 talk 21:10 42:13 '46:24 talking 12:16 13:2 24:2,24 36:3,9 42:22 64:15 . talks 46:11 tape 13:21 tan: 25:20 26:6,15 22:19.21 23:3,15 31:15 taxes 26:13 22:23 taxpayer 22:13 ten 62:23 tenancy 21 12 tenant 21 :6,13 12 therefore 59:6 333?4?6?3?3?11 ultimately 64:21 6:5 - 7 . Vldt?grapher . . 30'8?13 ?'11 . transcription trawl-us 53 3:15 5:1 2:412 24:11,20 25:1,2 Teresa 31: 15 term 69:9 terms 11:2 53 :22 22:3 testified 2:13 19:10 22:14 43:13 44:2 56:2 65:23 66:15 62:13 31:14 testifyr 44:5 56:12 53:22 59:19 91 :6 testifying 6:10 10: 12 testimonyI ll:12,19,24 12:11,2013:2 15:5 22:13 22: 15 56:1 53:23 65:20 66:13 22:19 29:16 33:12 90:6,3 91 :9 thank 3:14 9:23 29: 11 45:3 54:20 63:2 21:25 32:6,20 Thanks 29:5 that's 3:15,19,21 10:15 12:15 14:3 13:4 21:14 22:9,21 24:13,20,21 22:22 23:13 29:3 42:22,23,25 43:1144:24 45:2 45:2,15 42:20 49:14 50:25 51:2 52:9 53:3,19 55:9,15 59:2,13 51:4 53:25 20:25 21:9 22:35.13 23:10 25:22 29:4 30:3,13,15 31:12 32:1 35:3 therein 90:2 there?s 33:19.21 46:4 50:22 51:1,2 53:16,l2,13 52:25 59:5 65:4 66:2 21:12 22:13 they're 52:20 20:3,5 they've 13:13 22:15 third 3:12 61:3 69:13 20:6 24:13 third-party 22:25 23 :5 Thirteen 9:10 THIRTY-NINE 1:10 2:10 threats 3:9 TMD 23:24 26:11 36:11,13 todayr 6:6 1022,25 11:12,19 12:11,2013:2 14:616:5,25 13:16 20:1 32:25 41:10 43:2163:15 34:3 33:12 39:3 today's 6:2 22:1 token 23:22 tons 46:24 top 46: 1 1 topic 26:9 totally 33:25 Tourism 1:3 2:3 3:6 6:12 23:23 26:25 22:3,15 23:9,12,13 36:12,20 transerihed 91:3 transcript 9:20 11:2,6,9,10 90:3 91:3 transient 4:2 1,22 52:2 60:2 64:2 62: 10,20 63: 16,20 23:23 25: 14,1 2,20 26:6,12 29:20,24 30:24 31:6,15 36: 14 transients 25:25 travel 3:25 9:1 50: 16 65:23 Treasurer 4:20 trial 3:11 16:1 13:14 21:6 tried 32:13 25:12 trip 20:22 tronhled 43:15 50:21 51:? Trowhridge 30: 14 31:25 true 52:9 59:19 21:3 90:2 91:9 truth 10:16,2l 12:24 20:11 21:5 91:2 truthfulness 1 9:4 try 12:3 52:13 trying 43:25 44:16 61:13 63:2 21:20 turn 62: 10 turns 29:2 52:20 tnrpitnde 19:2 Twenty 22:5 twice 30: 15 53:24 types 29:5 32:5 typical 46:9 Uh-hnh 3:2 13:9 33:143:1 ultimate 53: 14 unavailable 20:9 33:19 understand 10:2,19 11:16,22,24 24:1 52:14 65:12 22:14 understanding 45: 1 5 understood 1 1:21 unequivocal 45:22 unequivocally 44:4 Union-Tribune 33:19 units 50:5 24:2,10,25 25:2 unless 52:19l update 25:12 updated 25: 12 Upland 3:5 upon 1:9 2:9 45:14 33:16 urban 10:1 usually 51:6 vacation 50:5 52:5 52:5,2,12 20:20 21:21 24:3,19 vague 25:23 22:3 23:3 Valerie 33:10,20 veracity 19:4 veri?cation 59:5 veri?ed 51:13 59:2 verify 53:21 verifying 61:16 versus 6:11 vice 25:22 22:2,9 29:3,10 Peterson Reporting, Video 5 Litigation Services 103 CONTAI NS CONFIDENTIAL INFORMATION 65:8,12 79:6,9 77:7 writing 9:7 39? ?7 wife 55:5,14,17 ?3 videotaped 1: 16 87: 18 written 28:15 6?9 39:? William 3:14 wrong 29:2 violate 22:25 6:20 263? wiiling 13:13 violating 61:8 vote 77:20 7'8: 16 voter 77:6 vs 1:6 2:6 W-2s 27:19 wait 46:6 wasn't 62: 16 weeks16:13,15 19:10 43:19 welcome 15:8 We?118:18 we?re10:815:9 17:19 63:1 we've 8:4 whatever 29:5 WHATLEY 3:7 wheels 62: 10 whereabouts 20:6 whereof 91:14 whether 17:12 19:19,24 20:11 22:13,16 23:10 24:6 29:19,22 31:20,21 33:13 34:24 35:12 37:16 38:2,7,18 40:15 62:12 63:3 67:19,24 69:1173:6 75:16 80:21 81:22 82:3 88:10,11 whole 91:7 whom 6:15 51:22 withdraw 21:11 witness 4:2 5:1,18 8:6,13,19 14:2415:3,6,9 17: 14,21 1353,12 20:5,9,10 22:23 23:6 26:5 28:5 33:3 34:3,7,9,16 40:7,12,22 41:1,7 42:11 43:1,18 445,121,123 47:8 48:12 50: 12, 1 8,23 51:2,10,19,24 52:3,6,11,12,1 8:33:22 54:2,17 5510,22 56:1,1458:15 59:2,9 60:2 61:12,13 62:5 63 :3,9 6623,25 68:6 71:1 72:14 74:15 76:4,9 78:5,23 80: 12 83:23 84:11 88:7,13,24 89:2,6,8, 12,13 90:4 91:6,14 witnesses 11:9 43:24 52:11 Wohlfeii 8:5 21: 17 53:15 won 15:25 72:17 work 9:5,11,14 10:13 27:11 31:10,? 66:1,20 working 53:7 87:3 works 66:3,7,9 would've 68:1 73: 10 Yep 10:20 12:14 yes-or-no 41:6 63:?r 69:16 83:22 yet 20:23 54:3 63:2 79:3 you'll 24:1 yourselves 6:14 you've 10:10,11 14:217:25 46:8 65:19,20 72:17 74:19 77:1185:4 Peterson Raporting, Video Litigation Services I 104 Colontuono, a whoney, PC 301} 5. GRAND SUITE 2200 140281.! L05 ANGELESMICHAEL O. COLANTUON O, State Bar No. 143551 MColantuom?Icthwus JENNIFER L. PANCAKE, State Bar No. 138621 Part oako@ohwlaw.us RYAN THOMAS DUNN, State Bar No. 263106 RDmn@chwisw.us COLANTUONO, HIGHSMITH WHATLEY, 300 S. Grand Ave., Suite 2700 Los Angeles, California 90071 Telephone: (213) 542-5700 Facsimile: (213) 542-5710 Attorneys for Defendant SAN DIEGO TOURISM MARKETING DISTRICT CORPORATION SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, CENTRAL COURTHOUSE SAN DIEGANS FOR OPEN GOVERNMENT, Plaintiffs, v. CITY OF SAN and ALL PERSONS INTERESTED IN THE MATTER OF THE RENEWAL OF THE SAN DIEGO TOURISM MARKETING DISTRICT, THE LEVYING OF ASSESSMENTS UPON THE ASSESSED BUSINESSES FOR APERIOD OF NTNE AND ONE-HALF YEARS, AND THE PRESCRIEING OF A METHOD FOR COLLECTION OF ASSESSMENTS, Defendants. - CASE No. 37-2012410933065-CU-MOCTL Unlimited Jurisdiction (Case assigned to Hon. Joel Wohifcil) WENDED NOTICE DEPOSITION OF SARICHIA CACCIATORE AND REQUESTS FOR PRODUCTION OF DOCUMENTS Complaint Filed: December 19, 2012 Date: DecemEer I, 2014 Time: 10:00 am. Location: Peterson Reporting 530 St, Ste. 350 San Diego, CA 92101 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on December 1, 2014, at 10:00 3.1111, at Peterson Reporting, 530 St, Suite 350, San Diego, CA 92101, the San Diego Tomism Marketing District Corporation Corp?) will take the deposition'of Sarichia Cacciatore pursuant to Code of Civil Procedure section This dEposition will continue from day to day until completed, holidays and weekends excluded. The deposition wiil be recorded by audio and video AMENDED NOTICE OF DEPOSITION OF CACCIATORE EN technology. Pursuant to C.C.P. 2025.330, TMD Corp. hereby provides notice of its intent to make an audio and 1video record of the deposition} The wimess is requested to bring to the deposition the documents and other tangible things in ?0131.! 4 Attachment 3 of the Deposition Subpoena1 attached hereto as Exhibit 5 6 DATED: November Lg, 2014 COLANTUONO, HIGHSMITI-I WHATLEY, PC 7? . 9 o; COLANTUONO JENNIFER L. PAN CAKE lo RYAN THOMAS DUNN 11 Attor g: SAN DIEGO TOURISM 12 DISTRICT CORPORATION AMENDED NOTICE OF DEPOSITION OF SARICHIA CACCMTORE Li. J. .I. EXHIBIT ArvowuivoRvawnm manuva 1:er vs: Mu Pancake SEN 138621 Cdanmanm Whauey. PC 300 57 Grand Ave Suike 2700 Les Ange'es' CA 90071-3137 no 213) 542-5700 mm My (213) 542-5710 sun.wa WW Pancake chwlawus Ammivmiwm} San Digs Dunsm Markeurg District Coonralian noun or cmrmum. coumvor San Diego Hall ofdusfrce mwswukiss' 330 Wes! Bruadway San DIBQD, CA 92101 Bumw: Carma} Duagans 7w Open Government of San et at DEPOSITIDN SUEPOENA FOR PERSONAL AND PRODUCTION or DOCUMENTS AND YHINGS a7-2u1mnnseoe5cumocn m: PEOPLE OF THE ephone depunent, If Sarichia Cacciatnre 1. YOU ARE ORDERED T0 APPEAR IN PERSON YO TESTIFV A5 A WITNESS in m's Icfion ma influan dik' Emu. Ind plan: Dale. Dec. 1' 2v14 Tma: 10:00 a. m. Address Pexersun Vldeo 8. ngauon 530 Sheet 512. 350 San Diego CA 92101 a. A: I dlponen' mm run a mum racism, you ar! Didefed to deslgnale me or mom umons x0 'esmy pn yum bani" as the mailers dammed in "em 4 (Cad: CN. FIDO, 2025.230,) b. Yw at: ordered (a pro-1m an: ducumenu and demribbd in item a. This nepcguan be mammad 'xx'j lhrough me (mam vAsua' 'emmuny and by audiolape wueoupe. a TNs mdeusoe dapoanmn is on possible use 31 mal We: Procedure scum mm mm 2. Th: pmpnav afielfiance pure custodian ur pin-r manned wanes: and (he pmduwon n! ma an: rwquilsd by <<<> mm. 75 mm aiyovv mien-u of wmn150 of ymu 725mm 1m dspasmnn mu be men ww lh! 594m Whamm- Admn upmb'mg. Me [man/v om: dlpaxrlm {oral panama-1 by bade Prawn warm 2025 25D msoszmsucs DF ms susPoENA MAY BE A5 comm" av ms count You WILL use BE LIABLE FOR THE SLIM 0F AND ALL DAMAGES 530M YOUR FAILU RE TO DEEV. Dale issuad: November 10, 2014 razonmsau ".111er 3.39%; Janka]! nggikg SEE Qfizl Home has a mum hm." my! um: [mm anew-5w may Jane; FOR PERSONAL APPEARANCE wag; 133373;: AND PRODUCTION or DOCUMENTS AND THINGS qus sues-use DEFENDMTIRESFUNDENT: City 01' 33? D1990: et aL CASE NUMBER: San Diegsns for Open Government declare under penalty of pertury under the laws of the State of California that the foregoing is true and Wheat. Date: PROOF OF SERVICE OF DEPOSITION FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 1 served this Deposition Subpoena for Persona! Appearance and Promotion of Documents and Things by personally deiivering pop}r to the person served as foilows: - a. Person served {heme}: in. Address where served: o. Date ofdelivery". d. Time of delivery: e. Witness fees and mileage both ways (check one): if. . were paid. Amountwere not paid were tendered to the witness's public entity employer as it required by Government Code section 660912. The amount tendered was {specieFee for service: i received this suppsena for service on {date}: Person serving: a Not a registered Gaiiforriia process server ti California sheriti or marshsi o. Registered California prsoess server d. . Employee or independent oontreotor of a registered California process server a Exempt from registration under Business and Pratessisns Code section 2235mm Registered professional photocopier g. . Exempt from registration under Business and Professions Code section 22451 h. Name, address, telephone number, and, it sppliosbtehoounty of registratisn and number. {For California sheriff sr marshal use only] ioart'rfy that the foregoing is true and oorreol. Date: I tsms?rtgatii Business [Hath January 1. sons; Page-2qu PROOF OF SERVICE DEPOSITION SUBPOEHA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 1 Attachment 3 2 3 I DEFINITIONS 4 The following terms have these meanings: 5 l. The term refers to Plaintiff San Diegans for Open Government, its officers, 6 employees, representatives or agents acting at its direction or on its behalf; 2. The term ?City? refers to Defendant City of San Diego. 8 3. The term Corp.? refers to Defendant and interested Party San Diego Tourism 9 Marketing District Corporation. to 4. The term ?Briggs Law Corporation" refers to counsel of record in the aboveCorporation. L: 13 S. The term means all written or printed matter of any kind, including la the originals and all non-identicai copies thereof, whether different from the originals because of any 15 notation made on the copies or for any other reason, including but not limited to, contracts, to agreements, reports, summaries, letters, memoranda, notes of conversations, notes of meetings, 3GB 5. GRAND AVENUE. SUITE 270i] L05 ANGEIES. CA 1-3137 1? appointment books, calendars, faxes, bills, invoices, checks, and a1} electronically stored information Coluniuono, Highemlfh 5e. Wharton, is as de?ned in Code Civ. Proc. all drafts, alterations, modi?cations, changes, and 19 amendments of any of the foregoing, and all graphic or manual records or representations of any 20 kind, including but not limited to, phottigraphs, Videotapes, records, and motion pictures, and 2! electronic, mechanical, or electric records or representations of any kind, including but not limited to 22 emails, text messages, tapes, cassettes, discs, magnetic cards, and recordings. '23 6. The terms and mean to evidence or to have any 24 factual, logical, or iegal connection of any nature whatsoever to the matters discussed. 25 The terms and refers to Sarichia Cacciatore or any employee, 25 representative or agent acting at her direction or on her behalf. 28 1 ro DEPOSITION suaroenis 1332232 a, 5 6 7 9 10 37?8 12 sin?;- Eng 13 as? ten 14 ESE 15 big sit: 16 Eng3322.8 .2 23 DOCUMENTS To BE The deponent is required to bring the DOCUMENTS. and other tangible things to the deposition as described below: 1. A11 DOCUMENTS RELATING TO any expense incurred on behalf of snoo. 2. A11 DOCUMENTS RELATING To any monies paid to you by or on behalf bf SD06. 3[ All DOCUMENTS RELATING TO any expense incurred by YOU on behalf of the Briggs Lanar Corporation. 4. an DOCUMENTS RELATING To any monies paid to You by UT on behalf ofthe 5. Ali DOCUMENTS RELATING TO YOUR involvement with SDOG at any time from Ianuary 1, 2008 to the present. 6. Any Transient Cccupancy Registration Certificates in YOUR name submitted to the City at any time born January 1, 2008 to the present. 1. Any certi?cates of hotel registration in YOUR narne submitted to the City at any time ??om January 1, 2008 to the present. 8. Any-returns or invoices of transient occupancy tax remittance in YOUR name submitted to the City at any time from January 1, 2008 to the present. 9. Any ciairn for transient occupancy tax overpayment re?mds submitted by YOU to the City at any time from January 1, 2008 to the present. - 19. Ali DOCUMENTS RELATWG TO any comrnunication bettizeen YOU and the City regarding any Transient Occupancy Taxes paid by YOU at any time from January 1, 2608 to the present. I ii. an DOCUMENTS RELATING To any communication between you and TMD Corp. regarding any Transient Occupancy Taxes paid by any time front Ianuary l, 2008 to the present. 12. A11 DOCUMENTS RELATING TO?any communication between YOU and SDOG 2 ATTACHMENT 3 TO DEPOSITION SUBPOENA 300 S. GRAND AVENUE, SUITE QIDD Colantuono. 3t Whatley. .LDS ANGELES. CA soon-313? 13322.regarding any Transient Occupancy Taxes paid by YOU at any time from January 1,2008 to the present. I 13. All DOCUMENTS RELATING TO any communication bemoan YOU and any other person regarding any Transient Occupancy Taxes paid by YOU at any time from January 1, 2008 to the present. 14. All DOCUMENTS RELATING TO YOUR eligibility to vote, if any, on the renewal of the San Diego Tourism Marketing District. 1'15. All DOCUMENTS RELATING TO the allegation that YOU were eligible to vote on the renewal of the San Diego Tourism Marketing District, but were not provided a ballot by which to do so. Wyaemm?mm standing to SDOG in the above?captioned litigation. I Ail DOCUMENTS RELATING TO any advertisements for Vacation rental property owned, operated or managed by YOU in the City, dated any time from January 1,2008 to the present. 18. All DOCUMENTS RELATING TO any advertisements for vacation rental property owned, operated or managed by YOU in the City that YOU placed at any time from January 1, 2008 to the present, including but not limited to copies, recordings, or print outs of print, television, radio, or eniine media advertisements. 19. All DOCUMENTS RELATING TO any listings for vacation rental property owned, operated or managed by YOU in the City that YOU placed 'at any time from January 1, 2-008- tolthe present with a company specializing in such listings, included but not limited to Vacation Rentals By Owner (VRBO), FlipKey, HomeAway, Airbnb, Zillow, Realtorcom or Craigslist. I 20. I All DOCUMENTS RELATING TO rentals of vacation rental property owned, operated or managed by YOU in the City at any time from January 1, 2008 to preSent, including but not limited to rental bills, invoices, receipts, payments or contracts, reservation con?rmations, email and mail correspondence with potential or confirmed renters, and welcome packages or vacation rental guides provided to renters. 3 ATTACHMENT 3 DEPOSITION SUEPOENA Comnluono. a ma 5' ewm wows suns nun 13322112 Los mews, CA Won-3137 21; 21' All DOCUMENTS RELATING TO Iandlotd msumnce for any vacaiion rams] property owned, operated 0-: managed by YOU in due Guy at any time from January 1, 2008 to prascnt. 22 A11 DOCUMENTS relanng to minty bills for any women rental propeny owncd, operand or managed by YOU in the at anytime from January 1, 2008 the present. 23. All DOCUMENTS RELATING TO YOUR involvement with any for-profit corzporations that have retained the Briggs Law Comm--anon as legal counsel, or, are afliliated with the Briggs Law Corporation in some way, 24 All DOCUMENTS RELATING TO YOUR involvemmt with any non--profit corporations other than SDOG that have rammed Lhe Briggs Law Corporation as lagal oounsalAll DOCUMENTS RELATING TO YOUR membership 1U SDOG a! any time from January 1,2008 to (he pmsem. 26 A11 DOCUMENTS which evidence the amount of any Transient Occupancy Tax payman made penaining m--daled anytime {mm January 1, 2008 to the prowl", 27 All DOCUMENTS which evidence the date of any Transicm Occupancy Tax paymanu man Wang --n1n ny mm mm 1, 200310 a" men 28 All DOCUMENTS evidence the basis for [he calculauon Dfany amounts Ofany Transient Occupancy Tax payments made pertaining -- dated any time fiom January 1, mos me praswl. 29, A11 DOCUMENTS which widens: the amount rem claimcd by YOU on any Transian! Occupancy Tax (TOT) Tounsm Marketing Disuim (TMD) Return filed by YOU penaining to -- damd any mm from January 1, 2003 to the present, 30. Al] DOCUMENTS evidence the charged to any mm, mending any gum or rm, penning .0 my mn-- dated any time from January 1) 2008 to the present, including. bu: not limited to any gun 4 3 TO DEPOSITION SUBPOENA regisuaficm documents) gues' receipts and proof of amouan paid by bansucnts for m; remal - All DOCUMENTS evidence the amaun: m'any exempucnx 0r deductions claxmed as to rransizms, incmding any guests 0? renters, panainmg to any rental _da?sd any time from January 1, 2008 in me present, 32' Au DOCUMENTS which Widcnc: ch: amoum of any Transient Occupancy Tax late penalties permining --dated my time from January I. zoos we pmem. 9 33. AU DOCUMENTS which evidmu me amount of any refimds made to non-transient pre :ATTACHMENT 3 TO SUBPDENA PROOF OF SERVICE San Diegans for Open Government of San Diego, at al. Case No. 2 I, Pamela Jararnillo, declare: 3 lam employed'in the County of Los Ang-eles, State of California. I am over the age of 18 and not 4 a party to the within action. My brisiness address is 300 S. Grand Avenue, Suite 2700, Los Angeles, California 90071-3137. On November 11, 2014, served the document(s) described as 5 . MENDED NOTICE OF DEPOSITION OF SARI CHIA CACCIATORE AND 5 REQUESTS FOR PRODUCTION OF DOCUMENTS ?l on the interested parties in this action as follows: 3 By placing a true copy thereof enclosed in a sealed envelope addressed as folloivs: 9 Cory J. Briggs, Esq. Jan Goldsmith, Esq. City Attorney Melcaela M. Gladden, Esq. Cannon Brock, Esq., Deputy City Attorney,r Briggs Law Corporation City Attorneyl?s Office in 11 WF?T??Wm?ego Upland, CA 91786 lZOUThird Avenue, Suite 1 100 :3 l2 Phone: (619) 949-7115 San Diego, California 92101 i 2% Cory@briggslawcorp.com Phone: (619) 236-6220 5 ?3 13 Attorneys for Plafnn?? Fax: (619) 23 6?7215 5 14 San Diagrams for Open Government CBrock@sandiego.gov g: 3,5 Attorneys for Defendant 15 City ofSan Diego MAIL: By planing the document(s} listed above in a sealed envelope with postage 17 thereon fully prepaid, in the United States mail at Los Angeles, California addressed as set 18 forth below. . 19 BY ELECTRONIC MAIL: By transmitting via electronic mail the documeri?s) listed above to those identi?ed on the Proof of Service list attached hereto. 20 . OVERNIGHT DELIVERY: By overnight delivery, I placed such doeument(s) listed above 21 in a sealed envelope, for deposit in the designated box or other facility regularly maintained by FEDERAL EXPRESS for overnight delivery, caused Such envelope to be delivered to the 23 office of the addressee via overnight delivery pursuant to C.C.P. ?1013(c), with deliver).r fees 23 fully prepaid or provided for. 24 PERSONAL SERVICE: 1 caused such envelopes to be delivered by hand to the addresses indicated on the attached list. 25? I declare under penalty of perjury under the laws of the State of California that the 25 above is true and correct. 27 - Executed on November 1 l, 2014, at Los Angeies', California. 28 1234541 5? lm??l?e ELWMILLO Plaintiff San Die-.ng for Open Govolmnout?s Momorandum of Points and Authorities in Support of Motion for Preliminmy Injunction; Supporting Declarations and Exhibits Declaration of S. r-H C.) DECLARATION OF S. CACCLATORE I, S. Cacciatore, am over the age of 18. and if called as a witness in this case will testify as follows: I. I am the manager of ancroft Apartments, LLC, and am responsible for ensuring (among other things] that its taxes are paid. 2. Bancroft Apartments, LLC, owns an apartment complex located in the Adams Avenue Business Improvement District (?Adams Avenue Area, is assessed the Adams Avenue BID annual tax levy, has been so assessed for years, and is current in payih the tax. 3. I have read and reviewed the Adams Avenue 2014:Business Improvement District Appropriation," which includes the 2314 Budget Narrative.? Iunderstand that the Adams Avenue BID pays for personnel, enhanced maintenance along four blocks of Adams Avenue, office expenses, a email newsletter, website, blog, Facebopit page, invitations to busioess member mixers, printing of an annual report, and four special events (Adams Avenue Unplugged, The Taste of Adams, Adams Avenue Street Fair, and Hoh'day on the Avenue]. A true and correct copy of the Adams Avenue BID 2014 Business Improvement Appropriation" report that] obtained from the City of San Diego?s website as part of the agenda materials for Item 200 on the May 13, 2013 City Council agenda is attached hereto as Exhibit 10. 4. None of the activities or events identi?ed on the Budget Narrative provides a direct or indirect bene?t to Bancroft Apartments, LLC. For example, Bancroft Apartments, apartments are not in the "enhanced service" area. By way of further example, the aparnnent complex is not listed on the website. A true and correct copy of the ?Business Directory" from the organisation contracting with the City to administer the BID is attached hereto as Exhibit 1 1. There is not even a category for apartment complexes on the business directory. By way of further example, as the apartment complex is not a restaurant, ancroft Apartments, LLC receives no benefit from ?The Taste of Adams." By way of further example, Bancroft Apartments, LLC, sees no direct or indirect benefit horn any of the four special events: Adams Avenue Unplugged, The Taste of Adams, Adams Avenue Street Fair, and Holiday on the Avenue. If anything, Bancroft Apartment, LLC's tenants are inconvenienced by the increased noise, traf?c, and trash and substantial decrease in the of 1? parking resulting From these events. In ether words, the eveme we a bin-den ma Renew-?- Apernnem, LLC, because it has to deal wi?: increased ceineiemts and Lmheppy tenants as it seem of h} the special events Sponsemd the A?nms Avenue 3110. 5. are upset :hetthe tax denies the: Ihave pay fer my busieess are used fer ee?vi?ee than previ?e 1m bane?t?m me and instead_ activities that are largely targeted toward the general public. Taste efAdame and Adams Avenue Unplugged are perfect exenmlee. Naming ebeu't ?l?i these 4x. evenm bene?ts my epemnenteemplex. Te the cent-rent, the 13:11 peers from large events like them make it dif?eult for business?s rename, which in time es 1: burden en me. 6. laminae the 1' mpesitien efeexee on my business tepey fer-?ing: {heat bum-re?t the beblje mid do no! bene?t my business without a were of the eleetm'ete (ale,l the City?s registeree Ipey . enlseM-fmfea: I 2 of being pleasant-.51 for eel peying the levy, even though I beiieve m; levy itself is illeg'eit. the net have 13 the resources 1.13 chaling the lege?gr Bf the levy en my ewe. I 14 I declare under penalty ea" per}er under the laws ?ef the Stem: ef?Celimeia the; the foregeing is is true and em'reei. A, 16 Date: May 3.2., 29141 i 7 S. 20; ea: 5. C?Aemnene 2 SAN FOR. OPEN GOVERNMENT (SDOG) Membership Application I am tired of government bodies and of?cials and the persons Who conduct bUSiness With them not compfying with the law-from the 11.5. Constitution down to local mles and regulations, and every??ng in between?and equally tired of them wasting taxpayer resources and circumventing voter approval. worry about this not oniy where 1 live and work but also throughout the state and even throughout the country, and desire to learn more about it from I want SDOG to pursue appropriate correcdve measures for such non-compiiance whenever the Board of Directors deems it possible and appropriate to do so. I iike the idea of SDOG serving as a ?watchdog? to ensure that unethical and illegal conduct by government and those doing business with government is exposed and that appropriate remedies are purSUed. i understand that my membership ln will assist it in advocating for and pursuing my interests as described above but does not entitle me to vote for any member- of the Board of Directors -, or to compel 5306 to pursue any particular policy, action, corrective measure, or remedy. I, further understand that my sole recourse in the event of disagreement with $306 is to cancel my membership, __which 1 may do at any time simply by notifying QDOG in writing With this in mind, i ask that you consider my application for SDOG membership. My personal information is as foliows: Name: Address: Cityx?ZIP Phone: E?Mail: aett Contact: m; TeIEphone Maii E-Mail Membership Type: Individual Family (How many memberst City Where i . . .: Reside Work Privacy Preference: _.i(eep all my contact info as confidential as possible. You may share an my contact info with outsiders. You may not reveal my name (or my farniiy?s names) but may reveal the block number and street on which and the city in which i iive andfor work if necessary for litigation or other iegai purposes. Today?s Date: Signature: ?For 5306 'Use Oniye Applicati on: Approvad Denied BY: Museum-us 1L) ORDER SAN FOR OPEN GOVERNMENT (51306?) . membership App?eatlon EL.- 3 are tired-efe??errmiem bridle: en?af?glals and the mmhe-cmduer there not complying with. the the Cam?wmn dawn to: late! HIIES and between?and may tired of them ?'35ng renames ant] voter mental. I wen? about this no: ratify where Mine and but aim threughout the ?ame even ?le-'ceanuihend I desire. to lea'm: were about It ?mrmo?. 1mm to 'eppmp?ate-eerree?ve measures fotmc??en-co?lpllanee whenever-me Board of Directors deems le- pos?ble and no so. Hike the idea samba: age ?watchdeigf? in ensure thawne??eal and mega! conduct by Went and-muse doing bushes; with is exp?sed a'nd that appropriate remedies are bursu?e?. - I endemtand that Iri 5305 will assist it in edvbcatlne for and pursuing my inierests as deitribed above hum does-net entl?e the meme for any member of the Board 01? Director: or in sumac?: tie- pursee any parti??ai? policy, action, cunec?ee FIEESHEE, er remedy: .I further understand receume Fn'the event-?fe?sagreeme?e with te-eeneel my memenhigt which I may-do a: any timeeimpty?y'nc?fy?ig SD06 in writing. WINS lemma, 1 ask that you eoesl?er m5! app?caden ?an- SDOG membership. Hy-personel infant-laden Is as-meflows: ?mg: 5 Address: amm- 5' 9; a: Emma: E-Mail: . - . BeetCentactz _Te eerme Mall Wig-Matt Mem?enhip Typer CityWherelue Reside . . Work 5-9 Privacy Preference: jxeen all my [D?tatt Info e: con?dendai as possible. . You may share my camera: Info with outsiders. You may mteeveei my lame (er my family's names} he: may reveal the him: number-and sweet on which-end the chitin With mare anclfo?r week. if necessaw fer Iidgae'gm 'or other legal perlposes. Today-?5 Date: I ?Fort-151: amaze-.- . I . Mp?t??um .__.Den1ed .i B. 511;. 11 2912 - 000:1 2013-0493720 RECORDING REQUEST BY: AUG as, 2013 4:39 PM DWIDALREEDRDY Sc: Below SAN mum cuurm nrncE n..cuwm WHEN RECORDED MAIL TO: 1025' 8 9 b: Briggs La Co an'm I PAGES: 2 99 Em sum. Suile I 1 1 Uplmd, CA 91785 Assasml's Nos 419552-03 [Spau Above This Lin: Fol Recordzr's Use Only] QUITCLAINI DEED THE UNDERSIGNED DEELARHS) THAT DOCUMENTARY TRANSFER TAX AND lhis transfers an inltrefl inlo 01' out ch Living Tum, 11930, compulud on full value or meuled on fun value has value of liens or encumbrances remaining lime of 5am 1 unincorporatedaremlx) CilyoffignDiegound FOR A VALUABLE CONSIDERATWM the macipt of which is hereby acknowledgad. Cory J. Brigg! Ind smemn G. Clcciuluru, husband and wife a! joint tenant: hmby Rimsst RELEASHS), and FOREVER lo G, Cuemore ms Cory J. Briggs. as cruslees "(The BrI~Cuu anily Tm: dated January 11,2005 all m: m1 propcny situated in 0.: of Sun Diego, County of San Diego, Sm: oresnromaa, described Br LOT 341 OF CLAIREMONT PARK UNIT NO. 2. IN THE CITY 0? SAN DIEGO. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAY THEREOF N0. 3599, mum IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. AUGUST 13.1957. Daxezluly By: - kw WW Cu J. riggs Surichiacacciawre MAH-TM swam-m SaKiCMAGccm-(vra. ACKNOWLEDGMENT State of Cetitcrnia Count; of WI, On 3313 1Q 2?01'73 beforerne, M-F?it?N?bt? (insert name arid title' of the smear)1 . I. a personally appeared Eawho proved to me an the basis cf Satisfactory evidence to be the perscn{s) whose nemete?st'are subscribed to the within instrument and to me that healahet'they executed the same In Wherfthett euthanized capacity?es}, and that by hieiher?heir signaturets} cn lhe instrument the percents). er the entity upcn behalf of which the percents] acted. executed the instrument. I certify under PENALTY 0F PERJURY under the laws at the State of that the fcregcing paragraph fs true and ccrrect. . . WITNESS my hand and of?cial seal. I at:th I .. we; . wccmueactt ext-lass . we. 39.2111: Signetur {Seat} This is a true summed cupy ufihe rrcord if it bears the weal. imprinted in purple ink 5?31ERNEST I. DRDNENBURUJK Assemri?mnrderi?urk Ii: San Diego County, ifumll LTI?ll'u'ieh" THE cm/ OF SAN 'Forolfirwnamy Office of the City Treasurer Appficatian for Transient Occupancy Registration Cergificate HeglsuaflonType NewRegvmation EfimiveDale Juneao'zml Auoundeare Ex'stmg Cenlfiwte Number CemficaleType Holel/MursI/Bw Managementcumpany RamadanVemdepmorompground Inlemelcompany Ix Vacamonkenm 7 mm: Explain' Opera")! Name Emevprises Contact Na me 5. Cacclamre MaHing Aduvess my. Sme, 21p (06: San D;ego,CA92no Phone No. Fax No. 'n/a Email Address nla Pmpefly Name (DEA) n/a Contact Name 3. Cumaxove was -- WNW San 0199mm. Eman Address n/a Fax Na Na 1' Same as Opemur Owner Name 5 Cacciarove Ma.an Address -- my, Stare, Zip Code San mega, CA 921w Phone No. Em'anAddvess nla Name &Tm2 (Prim) s. Cacdamre Swgnatuve Date )une 30,2012 Pram Form Transient Occupancy Registration Certificate m. Trans'em Occupancy Ceruhcmeaigmhasxhat lhepemonnamed on memenemaus required coHema Tvunsienl Dmuanty Tux "am and mm: same in ms Guy Treasure! and has mum m: lemma/hem: 01 me Tmnuenl OEcupancy Yax Ordinanca by with |ha my Treasurer In! Me at coHecung