Read just this little portion of his depo and re decide who is the one with real problems, by the way the dispute below involved a landscaping company and approximately 600 bucks, of which it is all paid, and is n in no way internet related )
Off to court we go
25 Q. Do you know what Exhibit 10 is?
1 A. Yes.
2 Q. What is Exhibit 10?
3 A. It is a declaration of Candy E. Lujano,
4 L-U-J-A--N-O.
5 MR. ZACHARY TYSON: Counsel, do you have a copy for
6 me?
7 MR. SHALVOY: No, unfortunately I don't. That was
8 produced from the documents you guys brought in yesterday.
9 That is the only copy I have. So you have a copy of that
10 somewhere.
11 THE WITNESS: If it's being marked as an exhibit,
12 Counsel, TC Ventures should be provided with a copy.
13 MR. SHALVOY:
14 Q. I'll be happy to provide you with one after the
15 deposition.
16 I'm sorry, could you tell me what Exhibit 10 is?
17 A. Yes.
18 Q. What is it?
19 A. It is a declaration of Candy E. Lujano.
20 Q. And do you know what this declaration concerns?
21 A. Yes.
22 Q. Is this the gardening service dispute that you
23 referenced?
24 A. Yes.
25 Q. Do you know who prepared that declaration?
1 A. Yes.
2 Q. Who prepared it?
3 A. Candy E. Lujano.
4 Q. Do you know if she typed it?
5 A. I do not know.
6 Q. Did you contact Miss Lujano before she executed
7 that declaration?
8 A. Yes.
9 Q. Why did you contact her?
10 A. To talk about her previous dealings with
11 Mr. Elgindy.
12 Q. Who initiated that contact?
13 A. Objection; asked and answered.
14 Q. You can answer it again.
15 A. I just said that I called her.
16 Q. And you called her to talk about her prior
17 dealings with Mr. Elgindy.
18 How did you learn about Ms. Lujano?
19 MR. ZACHARY TYSON: Objection; vague.
20 THE WITNESS: Mr. Elgindy's talking while the
21 question's pending and it is distracting me.
22 MR. SHALVOY:
23 Q. Do you have the question in mind?
24 A. No.
25 Q. How did you learn about Ms. Lujano? How did
1 you find out about her?
2 A. From Mr. Elgindy.
3 Q. He told you about her?
4 A. I was in the room while he was having a
5 telephone conversation with either Ms. Lujano or someone
6 else from Rancho Vista Landscaping.
7 Q. And you overheard his conversation?
8 A. Yes.
9 Q. He didn't ask you to be in the room and listen
10 to the conversation he was having, did he?
11 A. Objection; compound.
12 Q. Did he ask you to be in the room when he was
13 having the conversation with Ms. Lujano?
14 A. Yes.
15 Q. When did this conversation -- When did he --
16 What was the date, if you can remember, that he had this
17 conversation with Ms. Lujano?
18 A. I believe it was in early to mid 1999.
19 Q. Did he ask you to do anything with respect to
20 this dispute he was having with the gardening service?
21 A. Yes.
22 Q. What did he ask you to do?
23 A. He asked me to appeal the judgment against him
24 in small claims court.
25 Q. Did you do that?
1 A. No.
2 Q. Did you take any action on his behalf with
3 regard to this matter?
4 A. Yes.
5 Q. What did you do?
6 A. I -- At the instruction of Mr. Elgindy, I
7 provided documents to the court to request continuance, if I
8 recall correctly.
9 Q. Were you acting as Mr. Elgindy's attorney at
10 the time?
11 A. Yes.
12 Q. And it was a continuance on the hearing?
13 A. I believe it was a continuance on the hearing,
14 yes.
15 Q. Was it a hearing to the merits or was it a
16 post-trial hearing?
17 A. It was a hearing on the merits.
18 Q. And so you provided the documents to the court
19 on behalf of Mr. Elgindy, acting as his attorney. And what
20 happened?
21 MR. ZACHARY TYSON: Objection.
22 THE WITNESS: Vague and narrative.
23 MR. SHALVOY:
24 Q. Well, did the court grant the continuance?
25 A. Yes, I believe so.
1 Q. Good work.
2 Then did Mr. Elgindy ask you to do anything with
3 respect to this matter?
4 A. Yes.
5 Q. What did he ask you to do?
6 A. He asked me to present false testimony to the
7 court.
8 Q. And what false testimony did he ask you to
9 present?
10 A. He asked me to present to the court that his
11 home was owned by an offshore corporation and, therefore,
12 Mr. Elgindy was the wrong party being sued and on that basis
13 the judgment should be overturned.
14 Q. But we didn't have a judgment yet, did we?
15 A. Yes.
16 Q. We did have a judgment?
17 A. I believe that there was.
18 MR. ZACHARY TYSON: This was a small claims appeal;
19 right?
20 MR. SHALVOY:
21 Q. You know, I thought that the documents you
22 provided to the court were to request a continuance on the
23 hearing on the merits of the case.
24 A. Correct.
25 Q. And you told me that the hearing was continued,
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1 and then I asked you to tell me what the next thing you did
2 for Mr. Elgindy was and you said it was he asked me to
3 provide false testimony.
4 A. Correct.
5 Q. And, now, between the time that the hearing was
6 continued and the time you claimed Mr. Elgindy contacted you
7 to provide false testimony to the court, was the judgment
8 entered?
9 A. No.
10 Q. Tell me again why Mr. Elgindy asked you to
11 provide false testimony to the court?
12 MR. ZACHARY TYSON: Objection; vague. Calls for
13 speculation.
14 THE WITNESS: To avoid paying a debt that he owed.
15 MR. SHALVOY:
16 Q. And had this debt been reduced to judgment?
17 A. I believe so.
18 Q. So we're talking about Mr. Elgindy asking you
19 to do this after a judgment had been entered against him?
20 A. I believe so.
21 Q. And what did you do when he asked you to do
22 this?
23 A. I told him that I don't believe what he is
24 telling me and that I will not make that representation to
25 the court.
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1 Q. Do you know how much the judgment was for in
2 this case?
3 A. No.
4 Q. Did Mr. Elgindy ask you anything else with
5 respect to this matter? Did he ask you to do anything else
6 in this regard?
7 A. Yes.
8 Q. What did he ask you to do?
9 A. He asked me to withdraw the appeal.
10 Q. He had appealed the judgment?
11 A. He had requested a hearing for an appeal.
12 Q. Who caused that request for hearing to be made?
13 A. Objection; asked and answered.
14 Q. Did you request that the -- It is your
15 testimony that an appeal was filed on this matter?
16 A. I believe so, yes.
17 Q. Do you know who filed the appeal?
18 A. I believe I filed the appeal on behalf of
19 Mr. Elgindy, as I've already testified.
20 Q. And you filed this appeal as his attorney;
21 right?
22 A. Yes.
23 Q. This is a fair amount of legal work you're
24 doing for Mr. Elgindy on this matter, isn't it --
25 MR. ZACHARY TYSON: Objection.
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1 THE WITNESS: Objection; narrative.
2 MR. SHALVOY:
3 Q. -- with respect to the legal work you've
4 performed in your career?
5 A. And, to the contrary, it took a few minutes.
6 The lies from Mr. Elgindy took more.
7 I object to Mr Elgindy placing a new tape recorder
8 tape into the machine and beginning a new impartial
9 transcript.
10 Q. Did Mr. Elgindy ask you to withdraw the appeal?
11 A. Yes.
12 Q. Did you do that?
13 A. Yes.
14 Q. Did he ask you to do this in writing? Did he
15 ask you in writing to do this?
16 A. He instructed me to do this over the telephone.
17 Q. Did you respond to him in writing?
18 A. I responded to him over the telephone.
19 Q. Do you keep handwritten notes of conversations
20 with clients?
21 A. No.
22 Q. Do you write down the time that you spend
23 dealing with clients? Do you keep time sheets?
24 A. Objection; vague.
25 Q. Do you keep time sheets? You're a lawyer. Do
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1 you keep time sheets?
2 A. Yes.
3 Q. Were you keeping time sheets at this time?
4 A. No.
5 Q. When did you start keeping time sheets?
6 A. When I began working on this case.
7 Q. You began working on the case we're here today
8 on?
9 A. Correct.
10 I was never retained counsel by Mr. Elgindy. I was
11 never paid an hourly wage for legal services by Mr. Elgindy.
12 I was getting paid $450 an hour for general miscellaneous
13 work.
14 Q. 450?
15 A. Excuse me, 450 a week.
16 I'm having difficulty concentrating on the questions.
17 Mr. Elgindy keeps talking to you during the deposition.
18 Q. Let me back up to something we -- You say you
19 contacted Ms. Lujano prior to her execution of that
20 declaration, Exhibit 10; is that correct?
21 A. Yes.
22 Q. And why did you contact her?
23 A. Objection; asked and answered.
24 Q. You can answer the question.
25 A. I contacted her to talk about her prior
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1 dealings with Mr. Elgindy.
2 Q. And did you help her prepare that declaration?
3 A. No.
4 Q. And what did you say to her about her prior
5 dealings with Mr. Elgindy? What was your motive for
6 contacting her about her prior dealings with Mr. Elgindy?
7 MR. ZACHARY TYSON: Object to the word "motive."
8 MR. SHALVOY:
9 Q. You can answer the question.
10 A. I'm trying. I don't particularly understand
11 your question.
12 Q. Were you gathering evidence to use against
13 Mr. Elgindy?
14 A. Objection to the question as phrased.
15 Q. You can answer the question.
16 A. I contacted Ms. Lujano to talk about her prior
17 dealings with Mr. Elgindy.
18 Q. Why did you care about her prior dealings with
19 Mr. Elgindy?
20 A. Because I believe she was a representative of
21 the way that Mr. Elgindy deals with other people in
22 business.
23 Q. Why did you care about how Mr. Elgindy dealt
24 with people in business?
25 A. Because he has a modus operandi in treating
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1 people and treating businesses very poorly.
2 Q. But why did you care how he treated businesses
3 and people?
4 MR. ZACHARY TYSON: Objection; vague.
5 THE WITNESS: Objection; attorney work product.
6 MR. SHALVOY:
7 Q. So you were gathering evidence for this
8 lawsuit?
9 A. Correct.
10 Q. Okay. And you found out about Ms. Lujano and
11 her dealings with Mr. Elgindy in your capacity as an
12 attorney from Mr. Elgindy; is that correct?
13 A. No.
14 Q. And then you turned around and used that
15 information or trying to use that information against
16 Mr. Elgindy; is that correct?
17 A. No.
18 MR. ZACHARY TYSON: Objection; argumentative.
19 MR. SHALVOY:
20 Q. You consider that a breach of your fiduciary
21 obligations?
22 A. No.
23 And I object to the question as phrased and the two
24 questions prior which framed your last question.
25 MR. ELGINDY: You are some of the lowest form of life
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1 I've ever seen in my life. Really, I mean, it is just a
2 shock. |
