Youngs Motion In Limine No 6MotionCal. Super. - 4th Dist.December 30, 2013~N O Y B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELECTRONICALLY FILED Superior Court of California, KELLER/ANDERLE LLP County of Orange JENNIFER KELLER (SBN 84412) 07/25/2016 at 10:41:00 PM E-mail: jkeller@kelleranderle.com Clerk of the Superior Court KAY ANDERLE (SBN 143480) By Olga Lopez, Deputy Clerk E-mail: kayrack@kelleranderle.com FRANK RORIE (SBN 223543) E-mail: frorie @kelleranderle.com JAY BARRON (SBN 245654) E-mail: jbarron@kelleranderle.com 18300 Von Karman Avenue, Suite 930 Irvine, California 92612-1057 Tel. (949) 476-8700 Fax. (949) 476-0900 Attorneys for Plaintiff JOHN YOUNG and Defendant UNITED AMERICAN PROPERTIES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE - CIVIL COMPLEX CENTER JOHN YOUNG, an individual Case No. 30-2013-00659963-CU-NP-CXC (Consolidated with Case Nos. Plaintiffs, 30-2013-00695664, 30-2013-00659975, V. 30-2013-00660006, 30-2014-00738773) JASON D’ELIA, an individual; and DOES Assigned for all purposes to the Honorable 1-100, Kim G. Dunning, Department CX104 Defendants. Young’s Motion in Limine No. 6 YOUNG’S MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT ABOUT ANY ALLEGED NAME-CALLING, (AND CONSOLIDATED ACTIONS) YELLING, AND VERBAL ASSAULTS BY YOUNG, OR CONFRONTATIONS BETWEEN YOUNG AND JO-JO CURTIS Date: August 18, 2016 Time: 9:00 a.m. Dept. CX104 Complaint Filed: June 28, 2013 Trial Date: September 8, 2016 YOUNG'S MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT ABOUT ANY ALLEGED NAME-CALLING. YELLING. VERBAL ASSAULTS. OR CONFRONTATIONS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on August 18, 2016 at 9:00 a.m., or as soon as the matter may be heard in Department CX104 of the Orange County Superior Court, the Honorable Kim G. Dunning presiding, at 751 West Santa Ana Boulevard, Santa Ana, California 92701, plaintiff John Young will move the Court for an in limine order precluding defendant Andrew Sun and his counsel and witnesses from suggesting, referring to, or offering at trial (including voir dire) any evidence (including documents, audio tapes or video tapes), argument, or testimony concerning any alleged name-calling, yelling, or verbal assaults by Young or a confrontation between Young and Ethyel “JoJo” Curtis. Young also moves this Court for an order requiring Sun and his counsel to inform any witnesses Sun may call of this order and to direct them not to make any such reference. Young makes this motion under Evidence Code sections 210, 350, 352, 786-790, 1100 et seq., and applicable case law. Any alleged name-calling, yelling, or verbal assault by Young and any confrontation between Young and Curtis is wholly irrelevant to any issue in this case, and any probative value of this evidence is substantially outweighed by the danger of undue prejudice to Young and the tendency to mislead the jury, to confuse the issues, and to cause an undue consumption of time at trial. This Motion is based on this Notice and the accompanying Memorandum of Points and Authorities, the declaration of Jay P. Barron, all records and documents on file or lodged with the Court, and on other oral or documentary evidence which may be presented at the hearing on this Motion or which the Court may otherwise consider. Dated: July 25,2016 KELLER/ANDERLE LLP Jennifgr L. Keller Attorneys for Plaintiff John Young and Defendant United American Properties, Inc. 1 YOUNG'S MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT ABOUT ANY ALLEGED NAME-CALLING. VERBAL ASSAULTS. OR CONFRONTATIONS ~N O Y B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION The Court should preclude defendant Andrew Sun, his counsel, and his witnesses from presenting any evidence, argument, or testimony concerning any alleged name-calling, yelling, or verbal assault by Young (including against Carly Johnson and Ethyel “JoJo” Curtis) and any confrontation between Young and Curtis. This character evidence is inadmissible under Evidence Code section 1100, and is wholly irrelevant to any issue in this case, which focuses on (1) Sun’s breach of an oral partnership agreement between Young and Sun, (2) Sun’s breach of his fiduciary duties as Young's partner; (3) Sun’s fraud; and (4) Young's disbursement of settlement funds from one of Young and Sun’s jointly-owned special-purpose entities. The sole purpose Sun might seek to present any evidence or argument about any alleged name-calling, yelling, verbal assault, or confrontation would be to improperly inflame the jury and engender bias against Young. Any probative value of this evidence (i.e., none) is substantially outweighed by the danger that its admission will create undue prejudice, mislead the jury, and confuse the issues in this lawsuit. II. BACKGROUND Young provided a factual summary of the Young v. Sun and Sun v. Valencia actions in his Motion in Limine No. 1, and will not repeat it here. This motion in limine seeks to exclude argument, testimony, and evidence of any alleged name-calling, yelling, or verbal assault between Young and anyone, and a confrontation between Young and Curtis. The parties met and conferred about each party’s proposed motions in [imine on April 6, 2016 and again on July 21st and 22nd. As of the filing of this motion, Sun has not agreed to stipulate to exclusion of argument, testimony, or evidence about any alleged name- calling, yelling, or verbal assault between Young and anyone, and confrontation between Young and Curtis. (See Barron Decl., 10.) III. THE COURT SHOULD EXCLUDE ANY ARGUMENT, TESTIMONY, OR EVIDENCE OF ANY ALLEGED NAME-CALLING, VERBAL ASSAULT, OR CONFRONTATION BETWEEN YOUNG AND ANYONE “The usual purpose of motions in limine is to preclude the presentation of evidence deemed inadmissible and prejudicial by the moving party.” (Kelly v. New West Federal Savings 1 YOUNG'S MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT ABOUT ANY ALLEGED NAME-CALLING. VERBAL ASSAULTS. OR CONFRONTATIONS ~N O Y B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1996) 49 Cal. App.4th 659, 669.) Young seeks to eliminate the risk that Sun will introduce irrelevant issues at trial which would serve no purpose other than to mislead and confuse the jury. Sun’s counsel and Johnson’s counsel repeatedly asked Young and other witnesses about whether Young has engaged in name-calling or verbal abuse. (See Declaration of Jay P. Barron [“Barron Decl.”’], Exh. H.) For example, during Rebecca Cheung’s deposition, Sun’s counsel asked: Q. During the time that you were doing work for UAL and UAP, were you aware of any complaints about Mr. Young’s behavior? THE WITNESS: What kind of behavior? BY MR. HURON: Q. Yelling, verbal abuse, intimidation. Anything like that? MR. RORIE: Same objections. THE WITNESS: No one had approached me about that. Not that I believe. Q. Did you ever witness or observe Mr. Young engaging in verbal abuse, belittling people? MR. RORIE: Vague. Relevance. MR. LOEWY: Join. THE WITNESS: Mr. Young had heated conversations with some of the construction people that I'm aware of and certainly some of the Lyle Park people. I would not know whether it is considered to be verbal abuse or not. (Barron Decl., Exh. A, at 143:21-145:11.) During Michele Nielson’s deposition, Sun’s counsel asked: Q. Have you ever been verbally abused by John Young? MR. RORIE: Assumes facts, vague and ambiguous, calls for speculation. THE WITNESS: No. BY MR. RIDDICK: Q. Have you ever been intimidated by John Young? MR. RORIE: Same objections. THE WITNESS: No. Q. Have you ever been physically assaulted by John Young? A. No. MR. RORIE: Same objections. (Barron Decl., Exh. B, at 192:23-193:11.) During Phillip Andoniu’s deposition, Sun’s counsel asked: Did you witness Mr. Young yelling at anyone? No. Have you ever heard Mr. Young yell at anyone? In my life? Yes. L F F 2 YOUNG'S MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT ABOUT ANY ALLEGED NAME-CALLING. VERBAL ASSAULTS. OR CONFRONTATIONS ~N O Y B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Yeah. Has he ever yelled at you? Yeah. How many times would you say Mr. Young's yelled at you? Couple times. Nothing too crazy. Just a couple times? Yeah. From 2003 to now? Yeah. F O P O F O > O . > (Barron Decl., Exh. C, at 163:24-164:18.) During the deposition of third-party witness Meg Shockley, counsel for Johnson asked: Q. Did you ever hear John Young call Carly Johnson any names? A. No. Q. Did you ever hear him call her a cunt? A. No. MR. BARRON: Argumentative, lacks foundation. Q. BY MR. SMITH: Did you ever hear people talking about him calling her a cunt? A. No. MR. BARRON: Same objections. (Barron Decl., Exh. D, at 152:21-153:4.) Moreover, Sun produced a declaration by Curtis dated August 30, 2014, in which Curtis alleges Young verbally assaulted her and she reported the incident to the Orange County Sherriff’s department. (See Barron Decl., Exh. E, | 14.) Curtis also testified about this alleged confrontation in her recent deposition on May 16, 2016. (See Barron Decl., Exh. F, at 223:1- 233:19.) Sun’s counsel has asked numerous witnesses, including Young, Michael Malik, Michele Nielson, and Phillip Andoniu about this “confrontation” or “altercation.” (See, e.g., Barron Decl., Exh. H, at 350:6-353:18; id., Exh. G, at 141:21-143:18; id., Exh. B, at 192:1-22; id., Exh. C, at 163:20-23.) A. Evidence and Argument Concerning Any Alleged Name-Calling, Yelling, Verbal Assaults by Young, or Confrontation Between Young and Curtis, is Irrelevant to any Claims in this Case. Evidence Code section 350 provides that “[n]o evidence is admissible except relevant evidence.” Relevant evidence is defined as evidence “having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.” (Evid. Code, § 210; see also People v. Scheid (1997) 16 Cal.4th 1, 13.) Sun should be precluded from offering any evidence of any alleged name-calling, yelling, or verbal assaults of anyone by 3 YOUNG'S MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT ABOUT ANY ALLEGED NAME-CALLING. VERBAL ASSAULTS. OR CONFRONTATIONS ~N O Y B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Young (including against Johnson and Curtis). Sun should also be precluded from offering any evidence of a confrontation between Young and Curtis. This evidence has no relevance to Sun’s misappropriation of the Shin Kong Place business opportunity or Young's appropriate disbursements of settlement funds from Valencia. B. Evidence and Argument Concerning Any Alleged Name-Calling, Yelling, Verbal Assaults, or Confrontations is Inadmissble Character Evidence. Evidence Code section 786 states, “Evidence of traits of his character other than honesty or veracity, or their opposites, is inadmissible to attack or support the credibility of a witness.” (See also, e.g. Evid. Code, section 1101, subd. (a) [“[E]vidence of a person’s character or a trait of his or her character . . . is inadmissible when offered to prove his or her conduct on a specified occasion.”’]; Bowen v. Ryan (2008) 163 Cal. App.4th 916, 923.) Evidence of any alleged name- calling, yelling, verbal assaults, or confrontations does not pertain to Young's honesty or veracity and cannot be introduced to attack his credibility. The evidence also is wholly irrelevant to any issues in the case. C. Any Reference to or Evidence Concerning Any Alleged Name-Calling, Yelling, Verbal Assaults by Young, or Confrontation Between Young and Curtis, Would be Unduly Prejudicial and Likely Mislead and Confuse the Jury. Under Evidence Code section 352, “[t]he court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, or of confusing the issues, or of misleading the jury.” Our Supreme Court has “described the ‘prejudice’ referred to in Evidence Code section 352 as characterizing evidence that uniquely tends to evoke an emotional bias against a party as an individual, while having only slight probative value with regard to the issues.” (Scheid, supra, 16 Cal.4th at p. 19.) As noted above, any alleged name-calling, yelling, or verbal assaults between Young and anyone, or confrontation between Young and Curtis, is wholly irrelevant to any issue in this case. Nevertheless, defendants in this case have asked questions at depositions about alleged name- calling, yelling, verbal assaults, and confrontation. This evidence serves no purpose other than to 4 YOUNG'S MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT ABOUT ANY ALLEGED NAME-CALLING. VERBAL ASSAULTS. OR CONFRONTATIONS 10 11 2 13 14 15 16 17 18 19 20 21 %) 23 24 25 26 27 28 shock and inflame the jury and evoke an emotional bias against Young. The Court should issue an in limine order “to avoid the obviously futile attempt to ‘unring the bell” when highly prejudicial evidence is offered and then stricken at trial. (Kelly, supra, 49 Cal. App.4th at p. 669.) Moreover, allowing Sun to present this evidence would force Young into a mini-trial in which he would be required to call numerous witnesses and ask additional questions of existing witnesses for no purpose other than to show that he does not engage in name-calling or verbal assaults and has never physically assaulted anyone. In other words, Young would be forced into a mini-trial about his character which is inadmissible and would only confuse and mislead the jury. IV. CONCLUSION Any alleged name-calling, yelling, or verbal assaults between Young and anyone, or confrontation between Young and Curtis, has no relevance to the issues in this case and is inadmissible character evidence, and any probative value of such evidence or argument is substantially outweighed by the probability that its admission will unduly prejudice Young, confuse the issues, and mislead the jury. Accordingly, the Court should issue an in limine order precluding Sun, his counsel, and his witnesses from suggesting, referring to, or offering at trial (including voir dire) any evidence, argument, or testimony regarding any alleged name-calling, yelling, or verbal assaults between Young and anyone, or confrontations between Young and Curtis. The Court should also order Sun to inform any witnesses called by him of this Order and to direct them not to make any such reference. Dated: July 25, 2016 ee LLP Yeo By: iC J ennifef L. Keller Attorneys for Plaintiff John Young and Defendant United American Properties, Inc. 5 YOUNG'S MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT ABOUT ANY ALLEGED NAME-CALLING. VERBAL ASSAULTS. OR CONFRONTATIONS ~N O Y B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF JAY P. BARRON I, Jay P. Barron, declare: 1. I am an attorney duly admitted to practice in the State of California. I am senior counsel with the law firm Keller/Anderle LLP, counsel of record for plaintiff John Young and defendant United American Properties, Inc. in this consolidated action. I make this declaration in support of Young's motion in limine to exclude evidence and argument about any alleged name-calling, yelling, or verbal assaults between Young and anyone, or confrontation between Young and Curtis. The facts herein are true of my own personal knowledge, and if called as a witness, I could and would testify competently to such facts. 2. Attached as Exhibit A to this declaration is a true and correct copy of excerpts of the deposition of Rebecca Cheung taken in this action on January 16, 2016. 3. Attached as Exhibit B to this declaration is a true and correct copy of excerpts of the deposition of Michele Nielson taken in this action on December 15, 2015. 4. Attached as Exhibit C to this declaration is a true and correct copy of excerpts of the deposition of Phillip Andoniu taken in this action on March 11, 2016. 5. Attached as Exhibit D to this declaration is a true and correct copy of excerpts of the deposition of Margaret Shockley taken in this action on May 6, 2016. 6. Attached as Exhibit E to this declaration is a true and correct copy of Ethyel “Jo- Jo” Curtis’s declaration dated August 30, 2014. Te Attached as Exhibit F to this declaration is a true and correct copy of excerpts of the deposition of Ethyel “Jo-Jo” Curtis taken in this action on May 16, 2016. 8. Attached as Exhibit G to this declaration is a true and correct copy of excerpts of the deposition of Michael Malik taken in this action on April 29, 2016. 0. Attached as Exhibit H to this declaration is a true and correct copy of excerpts of the deposition of John Young taken in this action on January 28, 2016. 10. Young’s counsel has met and conferred with Sun’s counsel regarding this motion in limine. Sun refused to stipulate to exclude argument, testimony, or evidence about any alleged name-calling, yelling, or verbal assaults between Young and anyone, or confrontation between 6 YOUNG'S MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT ABOUT ANY ALLEGED NAME-CALLING. VERBAL ASSAULTS. OR CONFRONTATIONS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Young and Curtis. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 25, 2016, at Irvine, California. 7 YOUNG’S MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT ABOUT ANY ALLEGED NAME-CALLING. VERBAL ASSAULTS. OR CONFRONTATIONS Exhibit A CERTIFIED COPY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER JOHN YOUNG, an individual, ) ) Plaintiff, ) ) Case No. 30-2013- vs. ) 00659963-CU-NP-CJC ) JASON D'ELIA, an individual; ) and DOES 1-50, inclusive, ) ) Defendants. ) ) ) AND RELATED CROSS-ACTIONS. ) ) VOLUME I DEPOSITION OF REBECCA CHEUNG January 16, 2016 Tracy Mafi, CSR No. 11850 BARKLEY A Ee Court Reporters 1972 ® barkley.com (310) 207-8000 Los Angeles (415) 433-5777 San Francisco (949) 955-0400 Irvine (858) 455-5444 San Diego (310) 207-8000 Century City (408) 885-0550 San Jose (760) 322-2240 Palm Springs (800) 222-1231 Carlsbad (916) 922-5777 Sacramento (800) 222-1231 Martinez (702) 366-0500 Las Vegas (800) 222-1231 Monterey (951) 686-0606 Riverside (818) 702-0202 Woodland Hills (702) 366-0500 Henderson (516) 277-9494 Garden City (212) 808-8500 New York City (347) 821-4611 Brooklyn (518) 490-1910 Albany (914) 510-9110 White Plains (312) 379-5566 Chicago 00+1+800 222 1231 Paris 00+1+800 222 1231 Dubai 001+1+800 222 1231 Hong Kong 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER J OHN YOUNG, an individual, ) ) Plaintiff, ) ) Case No. 30-2013 VS. ) 00659963-CU-NP-CJC ) J ASON D'"ELIA, an individual; ) and DOES 1-50, inclusive, ) ) Defendants. ) Ce | AND RELATED CROSS-ACTI ONS. ) ) VOLUME | VI DEOTAPED DEPOSITION OF REBECCA CHEUNG, taken on behalf of the Defendant and Cross-Complainant Andrew Sun, at 333 South Grand Avenue, Suite 2100, Los Angeles, California, beginning at 10:17 a.m. , on Saturday, January 16, 2016, before Tracy Mafi, Certified Shorthand Reporter No. 11850 2 BARKLEY REBECCA CHEUNG - VOLUME | Gouri Rapoitine 14:43 14:43 14:43 14:55 14:55 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did Mr. Young have a residence in Nevada? MR. LOEWY: Foundation. THE WITNESS: He might be. | don't know. BY MR. HURON: Q Did he ever tell you he did? A | don't recall a conversation about how many residence he has. Q Did you ever go to an apartment or a condominium in Las Vegas or someplace in Nevada A No. Q -- with Mr. Young? A No. MR. HURON: Okay. We're going to take a break to change the videotape VIDEOGRAPHER: We're off the record at 2:43 p.m. (Recess taken.) VI DEOGRAPHER: We are back on the record at 2:55 p.m, BY MR. HURON: Q During the time that you were doing work for UAL and UAP, were you aware of any complaints about Mr. Young's behavior? MR. RORIE: Vague MR. LOEWY: Vague. 143 [BARKLEY] REBECCA CHEUNG - VOLUME | x Court Reporters 14:55 14:56 14:56 14:56 14:57 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You can answer THE WITNESS: What kind of behavior? BY MR. HURON: Q Yelling, verbal abuse, intimidation Anything like that? MR. RORIE: Same objections THE WITNESS: No one had approached me about that. Not that | believe. BY MR. HURON: Q Were you aware of it? Did you witness or observe anything like that? MR. RORIE: Same objections THE WITNESS: | witnessed an occasion he raised his voice, but | don't know whether | wil consider it to be yelling or intimidation. BY MR. HURON: Q Okay. Did you ever -- did he ever raise his voice with you? A Yes. Q Did he raise his voice with Kris Kiser? A | don't recall Q Do you recall if Mr. Young raised his voice with Carly Johnson? A | don't recall Q Do you recall if Mr. Young raised his voice 144 [BARKLEY] REBECCA CHEUNG - VOLUME | x Court Reporters 14:57 14:58 14:58 14:58 14:59 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with Jo Jo Curtis? A | don't recall Q Did you ever witness or observe Mr. Young engaging in verbal abuse, belittling people? MR. RORIE: Vague. Relevance. MR. LOEWY: Join. THE WITNESS: Mr. Young had heated conversations with some of the construction people that I'm aware of and certainly some of the Lyle Park people. | would not know whether it is considered to be verbal abuse or not BY MR. HURON: Q Well, did you witness him do anything tha you thought was inappropriate or made you fee t ashamed? MR. LOEWY: Vague. THE WITNESS: Can you clarify a little bit better for me the question? | don't understand. BY MR. HURON: Q Did you ever witness himtreating someone and you were saying to yourself that you either felt sorry for that person and you thought that what Mr Young was doing was wrong and unprofessional? A | don't recall Q Have you ever heard Mr. Young make racial 145 [BARKLEY] REBECCA CHEUNG - VOLUME | x Court Reporters Exhibit B CERTIFIED COPY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER JOHN YOUNG, an individual, ) ) Plaintiff, ) ) vs. ) Case No. ) 30-2013-00659963- JASON D'ELIA, an individual; ) CU-NP-CJC and DOES 1-50, inclusive, ) ) Defendants. ) ) AND RELATED CROSS-ACTIONS. ) VOLUME I DEPOSITION OF MICHELE NIELSON December 15, 2015 Dara C. Shuler, CSR No. 11249 401518 G67) @® (310) 207-8000 Los Angeles (415) 433-5777 San Francisco (310) 207-8000 Century City (408) 885-0550 San Jose (916) 922-5777 Sacramento (800) 222-1231 Martinez (951) 686-0606 Riverside (818) 702-0202 Woodland Hills (212) 808-8500 New York City (347) 821-4611 Brooklyn (312) 379-5566 Chicago 00+1+800 222 1231 Paris (949) 955-0400 Irvine (760) 322-2240 Palm Springs (702) 366-0500 Las Vegas (702) 366-0500 Henderson (518) 490-1910 Albany 00+1+800 222 1231 Dubai BARKLEY A Court Reporters barkley.com (858) 455-5444 San Diego (800) 222-1231 Carlsbad (800) 222-1231 Monterey (516) 277-9494 Garden City (914) 510-9110 White Plains 001+1+800 222 1231 Hong Kong 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER JOHN YOUNG, an individual, ) ) Plaintiff, ) ) vs. ) Case No. ) 30-2013-00659963- JASON D'ELIA, an individual; ) CU-NP-CJC and DOES 1-50, inclusive, ) ) Defendants. ) ) AND RELATED CROSS-ACTIONS. ) VOLUME I Deposition of MICHELE NIELSON, taken on behalf of Defendant and Cross-Complainant Andrew Sun, at 333 S. Grand Avenue, Suite 2100, Los Angeles, California, commencing at 10:15 a.m., on Tuesday, December 15, 2015, before Dara C. Shuler, Certified Shorthand Reporter No. 11249. MICHELE NIELSON - VOLUME | BARKLEY Court Reporters 17:29 5 9 1729 10 11 1.2 13 14 1729 15 16 17 18 19 1729 20 21 22 23 24 17:30 25 Q Do you know whether John Young physically assaulted Jo Jo Curtis? MR. RORIE: Assumes facts, vague, calls for speculation. THE WITNESS: I don't know. BY MR. RIDDICK: Q Do you know whether she left the premises in tears because she was -- feared for her safety? A I don't know. MR. RORIE: Same objections. BY MR. RIDDICK: Q Have you ever heard anything about that? MR. RORIE: Same objections. THE WITNESS: I -- no. I -- BY MR. RIDDICK: Q This is the first time you're ever hearing anything like that? A I'm trying to recall. Yeah, I don't -- I don't recall. Q You don't recall ever hearing anything about that? A No. Q Have you ever been verbally abused by John Young? MR. RORIE: Assumes facts, vague and 192 BARKLEY MICHELE NIELSON - VOLUME | Court Reporters 17:30 5 9 17:30 10 11 1.2 13 14 17:31 15 16 17 18 19 17:31 20 21 22 23 24 17:31 25 ambiguous, calls for speculation. THE WITNESS: No. BY MR. RIDDICK: Q Have you ever been intimidated by John Young? MR. RORIE: Same objections. THE WITNESS: No. BY MR. RIDDICK: Q Have you ever been physically assaulted by John Young? A No. MR. RORIE: Same objections. BY MR. RIDDICK: Q By anyone at UAP? A No. Q I want to go back for a moment to the in-person conversation that you participated in with JMBM before John Young's lawsuit was filed. Do you remember when you told me that there was an attorney from JMBM there, not Mark Adams, whose name you didn't recall? MR. RORIE: It's a yes or no. THE WITNESS: I'm sorry, the question again. BY MR. RIDDICK: Q Yeah, there was -- you testified earlier that Mark Adams was at the meeting and that there was 193 BARKLEY MICHELE NIELSON - VOLUME | Court Reporters Exhibit C 10 11 12 13 14 15 16 177 18 19 20 21 22 23 24 25 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER JOHN YOUNG, an individual, Plaintiff, Case No. 30-2013- vs. JASON D'ELIA, an individual; and DOES 1-50, inclusive, Defendants. AND RELATED CROSS-ACTIONS. n n Nn n e N r SN SN S e N r ~ ~ VIDEOTAPED DEPOSITION OF PHILLIP ANDONIU, taken on behalf of the Defendant and 00659963-CU-NP-CJC Cross-Complainant Andrew Sun, at 333 South Grand Avenue, Suite 2100, Los Angeles, California, beginning at 10:05 a.m., on Friday, March 11, 2016, before Tracy Mafi, Certified Shorthand Reporter No. 11850. PHILLIP ANDONIU BARKLEY Court Reporters 1449 5 9 1450 10 11 12 13 14 14:50 15 16 177 18 19 1450 20 21 22 23 24 14:51 25 that have been filed here. In other words, things that you remember from your own independent memory. So limiting it to that, do you have any knowledge of any facts related to Kiser -- the Kiser or Johnson assisting Sun in stealing alleged partnership opportunities? A No. I don't really know about all that stuff. MR. SMITH: Okay. That's all I have. MR. RIDDICK: I've got a few more questions. FURTHER EXAMINATION BY MR. RIDDICK: Q Mr. Andoniu, you mentioned that you were moving boxes for some period, five, ten days during UAL's winding down in 2011. Do you recall that? A Yeah, at some point. It's very vague. Q At any point in time when you were present for any of that, did you witness Mr. Young engaged in an altercation with Jojo Curtis? A No. Q Did you witness Mr. Young yelling at anyone? 163 BARKLEY PHILLIP ANDONIU Court Reporters 1451 5 9 14551 10 11 12 13 14 14:51 15 16 177 18 19 1451 20 21 22 23 24 14:52 25 A No. Q Have you ever heard Mr. Young yell at anyone? A In my life? Q Yes, A Yeah. Q When was the last time he yelled? A Probably -- I don't know. Probably a couple months ago. Construction guys at Cabot. Q Has he ever yelled at you? A Yeah. Q How many times would you say Mr. Young's yvelled at you? A Couple times. Nothing too crazy. Q Just a couple of times? A Yeah. Q From 2003 to now? A Yeah. Q You mentioned earlier that you would get two percent of the profits that would be derived from any sale of the Cabot property. Do you recall that? A I do. Q Who decided that you would get two percent of the profits from Cabot? l64 PHILLIP ANDONIU BARKLEY Court Reporters Exhibit D CERTIFIED COPY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - CENTRAL COMPLEX CENTER JOHN YOUNG, an individual, Plaintiff, Case No. 30-2013- vs. 00659963-CU-NP-CXC JASON D'ELIA, an individual; and DOES 1-50, inclusive, Defendants. AND CONSOLIDATED ACTIONS. N t a a a a a Na t Na S a t N t N t N N SN DEPOSITION OF MARGARET S. SHOCKLEY May 6, 2016 Tami L. Le, CSR No. 8716 405683 BARKLEY A : Court Reporters 1972 ® barkley.com (310) 207-8000 Los Angeles (415) 433-5777 San Francisco (949) 955-0400 Irvine (858) 455-5444 San Diego (310) 207-8000 Century City (408) 885-0550 San Jose (760) 322-2240 Palm Springs (800) 222-1231 Carlsbad (916) 922-5777 Sacramento (800) 222-1231 Martinez (702) 366-0500 Las Vegas (800) 222-1231 Monterey (951) 686-0606 Riverside (818) 702-0202 Woodland Hills (702) 366-0500 Henderson (516) 277-9494 Garden City (212) 808-8500 New York City (347) 821-4611 Brooklyn (518) 490-1910 Albany (914) 510-9110 White Plains (312) 379-5566 Chicago 00+1+800 222 1231 Paris 00+1+800 222 1231 Dubai 001+1+800 222 1231 Hong Kong 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - CENTRAL COMPLEX CENTER JOHN YOUNG, an individual, Plaintiff, vs. JASON D'ELIA, an individual; and DOES 1-50, inclusive, Defendants. AND CONSOLIDATED ACTIONS. —_— o r n n n n a ~ ~ ~ ~ Videotaped Deposition of MARGARET S. SHOCKLEY, taken on behalf of the Defendant and Cross-Complainant Andrew Sun, at 3 Park Plaza, Suite 1400, Irvine, California, commencing at 1:09 p.m., on Friday, May 6, 2016, before Tami L. Le, CSR No. 8716, RPR. Case No. 30-2013- 00659963-CU-NP-CXC MARGARET S. SHOCKLEY BARKLEY Court Reporters 16:51 1 16:51 5 9 16:52 10 11 1.2 13 14 16:52 15 16 17 18 19 16:52 20 21 22 23 24 16:52 25 MR. BARRON: Misstates the testimony, lacks foundation. THE DEPONENT: No. Q BY MR. SMITH: You never heard of him doing that before? A No. MR. BARRON: Same objections, asked and answered. THE REPORTER: Pause just a second so he can object. THE DEPONENT: Oh, sorry. Q BY MR. SMITH: Did you have a -- strike that You left UAL voluntarily; is that correct? A Yes. Q So you didn't have any kind of termination agreement; correct? . A No. Q Did you ever work with attorney Zfaty, Isaac Zfaty? A I don't -- no, I don't think so. Q Did you ever hear John Young call Carly Johnson any names? A No. Q Did you ever hear him call her a cunt? A No. 152 MARGARET S. SHOCKLEY BARKLEY Court Reporters 16:52 1 16:52 5 9 16:53 10 11 1.2 13 14 16:54 15 16 17 18 19 16:54 20 21 22 23 24 16:54 25 MR. BARRON: Argumentative, lacks foundation. Q BY MR. SMITH: Did you ever hear people talking about him calling her a cunt? A No. MR. BARRON: Same objections. MR. SMITH: I think I'm done. Go ahead, Jason. FURTHER EXAMINATION BY MR. RIDDICK: Q You had testified earlier that you left World Premier, or UAL, in November -- on November 14th, 2008; is that correct? MR. BARRON: Asked and answered. THE DEPONENT: Yes. Q BY MR. RIDDICK: Prior to that point, were you aware of any agreement that would have prevented Mr. Young from separately pursuing real estate projects from Mr. Sun? MR. BARRON: Calls for speculation. THE DEPONENT: Yeah, I -- I don't know. I didn't get involved in the deal between them. Q BY MR. RIDDICK: So let's ask the question again. Just answer the question that I asked. Where's that thing? Is that over here. Oh, here it is. 153 BARKLEY MARGARET S. SHOCKLEY Court Reporters Exhibit E DO ® N N N n b W N b o d p a d m h e m WwW N = Oo SU IT E 21 00 Lo s AN GE LE S, C A 90 07 1 P r d + DY KE MA GO SS ET T LL P > 33 3 SO UT H G R A N D A V E N U E N N N = = m a d N = © N O w d N N N N N N 0 NN O N wn R A W DYKEMA GOSSETT LLP Jeffrey G. Huron (136585) Jhuron@dykema.com Janet Nalbandyan (235154) Jnalbandyan@dykema.com Vivian I. Kim (272185) vkim@dykema.com 333 South Grand Avenue, Suite 2100 Los Angeles, CA 90071 Telephone: (213) 457-1800 Facsimile: (213) 457-1850 Attorneys for Defendant ANDREW SUN SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CENTRAL JUSTICE CENTER JOHN YOUNG, an individual, Case No. 30-2013-00695664-CU-NP-CJC Plaintiff, Assigned for all purposes to: Hon. Kirk H. Nakamura Vv. Department C-15 ANDREW SUN, an individual; and DOES 1-50, | Complaint filed: December 30, 2013 inclusive, Defendants. DECLARATION OF ETHYEL (JO-JO) CURTIS I, Ethyel (Jo-Jo) Curtis, declare as follows: 1. I am over 18 years of age and not a party to the above action. I make this declaration based on facts personally known to me, and would and could testify truthfully thereto if so required. 2. 1 am currently employed as a Paralegal in Orange County, California. I previously worked for Troutman Sanders LLP, and prior to that I worked for the law firm of Rutan & Tucker, LLP in Costa Mesa California and before that United American Lumber (“UAL”) and also referred DECLARATION OF ETHEYL JO-JO CURTIS SU IT E 21 00 Lo s AN GE LE S, C A 90 07 1 D Y K E M A G O S S E T T L L P 33 3 S O U T H G R A N D A V E N U E NO 0 NN A N Wn ph W N = N O N OR N N N N N N =m om ® NW A C A E B L N =~ & 0 ® d a rE G R = 8B to as World Premier Investments, Inc. (“WPI”) as a real estate and corporate paralegal. While at UAL, I also assisted UAL and Messrs. Young and Sun with various litigation matters. In particular, I assisted UAL and Messrs. Sun and Young in responding to discovery, including document requests. I was employed at UAL from 2005 to 2011. Before joining UAL in 2005, I worked for the law firm of Allen Matkins Leck Gamble Mallory & Natsis, LLC. I have worked in the legal industry for approximately 16 years. 3. At UAL, my job duties entailed, among other things, creating, overseeing, documenting, editing and managing the various entities created and owned by Messrs. Young and Sun. In that role, I was intimately involved with the structure and operation of Messrs. Sun and Young's various jointly held entities and projects, and am familiar with many of their separately- held entities and projects. During the time I worked for UAL, Mr. Young had other separate companies, one of which was United American Properties (“UAP”), that he used to operate his separate investments. 4, Until his death in October 2009, I reported primarily to UAL’s general counsel, Terry Venezia. Mr. Venezia managed UAL’s legal affairs and the legal affairs of all of the LLCs that owned Messrs. Sun and Young’s various joint projects. I have worked with many attorneys during my career and I found Mr. Venezia to be extremely thorough, conscientious and detail oriented. Mr. Venezia was adamant that all material agreements between Messrs. Sun and Young be in writing. To my knowledge, Mr. Venezia never allowed any material agreements or understandings between Messrs. Sun and Young not to be documented in writing. My experience with Mr. Sun was similar. Mr. Sun insisted that everything be in writing. After Mr. Venezia died, I reported primarily to Carly Johnson, another UAL attorney. 5. During the time I worked for UAL, and reported to Mr. Venezia and Ms. Johnson as well as other attorney’s that were retained by UAL, I also reported and worked closely with UAL’s principals, John Young and Andrew Sun. During my time at UAL, I interacted with Messrs. Young and Sun almost daily. While at UAL, I witnessed Messrs. Sun and Young interacting almost daily. I frequently worked with Messrs. Sun and Young on their various jointly-held and individually-held 2 DECLARATION OF ETHYEL (JO-JO) CURTIS fo t NO 0 N N N bh W N —_— m m = A W N = OO S U I T E 21 00 Lo s AN GE LE S, CA 90 07 1 DY KE MA GO SS ET T LL P On 33 3 S O U T H G R A N D A V E N U E N N N N N N = e a em wn Ah W N = O YO 0 Ng N N N c o 3 oO entities and projects, and helped them with various litigation matters. In their joint investments, Mr. Sun managed the finances and Mr. Young managed the construction/development operations. 6. It was my experience in working with Mr. Young that he never signed document without reading it first. He commented or questioned on every document that I prepared or brought to him for review including the operating agreements for his and Mr. Sun’s various joint entities. 7. It was common knowledge at UAL that Messrs. Young and Sun had investments that they owned independently of each other. I worked on each of their respective independent investments. One independent investment that Mr. Sun had was his investment in Shin Kong Place in China. From the time I first joined UAL in about 2005, it was common knowledge at UAL that Mr. Sun had an investment in Shin Kong Place in China. I worked on some of Mr. Young's personal investments, including the formation of an entity for whose primary business dealt with vitamin/nutritional products and I believe the importing/exporting to China. I also assisted Mr. Young with the selling of some of his personal investments properties in Illinois. While I worked on Mr. Young's and Mr. Sun’s personal investments, I was employed and paid by UAL. Other UAL employees also worked on Messrs. Young and Sun’s personal investments. 8. As mentioned above, Terry Venezia, UAL’s former general counsel, insisted on documenting every material agreement and understanding between Messrs. Sun and Young. During my employment I believe [ worked on every one of Mr. Sun and Young's joint investments and these were all well documented. At no point did I ever hear or learn of any oral agreements between Mr. Sun and Mr. Young. In particular, I never heard or learned of any oral agreement between them under which they agreed, among other things, to jointly develop all projects between them in the United States and Asia. Also, I never heard or learned of any oral agreement between them in or around 2008 where they agreed, among other things, that they would no longer develop joint projects after this date. If there were such oral agreements, I believe I would have heard about them and am confident based on my experience in working with Mr. Venezia and Mr. Sun that they would have insisted that Messrs. Young and Sun put any such agreements in writing. 9. Contrary to the alleged 2008 oral agreement, Messrs. Young and Sun did enter into joint projects after 2008. 3 DECLARATION OF ETHYEL (JO-JO) CURTIS 5 38 g EE £50 gse 54 NO 00 N N Wn B W N O N OR ON N O N R N = m e ® J & 0 BR U N 2 S&S © ® A o h h R R = oO 10. During my time working with Mr. Young, Mr. Young frequently stated to me and to others that he did not own a car in California or have a California driver’s license because he did not want to pay taxes in California. I believe he purchased his first car in California in 2008/2009. Mr. Young also bragged about how he personally smuggled undocumented workers from Mexico into the United States to work on his house. Apparently, one of these undocumented workers lived in the back of Mr. Young's house while working on Mr. Young's house. 11. assisted UAL and Mr. Young on the Lyle Parks Jr. v. Grand Plaza litigation. During discovery, UAL was supposed to produce various records and plans. Mr. Young told me that these plans and records did not exist, that this was one of the claims that Grand Plaza would be asserting . However, while requested to inventory the contents of a Storage Unit in Irvine, California, I found several boxes that were labeled Grand Plaza Plans, Specification from Lyle Parks Jr., (and they appeared to me that someone had looked through them as the boxes had been opened and re-taped) in the storage unit. I was so bothered by this that I photographed the documents with my cell phone and showed the photographs to Mr. Venezia and Mr. Venezia discussed the matter with Mr. Young. After that discussion, Mr. Young accused me of failing to lock the door to the storage shed. However, I am certain that the storage shed was locked when I left. When I returned to the storage shed two days later the documents and plans were gone. I saw, and I believe it was common knowledge within the office, that Mr. Young kept various documents in his office, including hiding them in the ceiling panels of his office. 12. 1am familiar with and worked on Valencia-Imperial, LLC, a project in Brea, California. 1 am aware that Mr. Young spent a “fortune” of UAL’s money on pre-entitlement work for the project. Mr. Young tried to develop this project without Mr. Sun. There was a four drawer black file cabinet located in the office next to mine that contained the project development files. After hours, Mr. Young had this file cabinet moved to his personal office and he prevented me from accessing them. 13. In about late-2010, after Messrs. Young and Sun stopped forming joint projects through UAL, and decided to wind down the operation of UAL, 1, in conjunction with Mr, Young and various UAL employees, began determining which old UAL documents no longer needed to be 4 DECLARATION OF ETT YEL (JO-JO) CURTIS DO 0 N N Wn B A W —_ e m p e t p m pe E - VS I = ] SU IT E 21 00 Lo s AN GE LE S, C A 90 07 1 DY KE MA GO SS ET T LL P On 33 3 S O U T H G R A N D A V E N U E N N N N N N N N retained. As part of this process we collectively sorted through over 25 years various documents for storage and/or destruction as needed. I was given a guideline and instructions to follow that detailed what information needed to be retained for the corporate files, and that anything [ was unsure of I had the controller and/or Mr. Sun and Mr. Young review for clarification. I believe the reason I was asked to assist with this was because of my knowledge of the various projects and the joint venture entities of Messrs. Young and Sun. Mr. Young recommended a company to handle the shredding of the documents I obtained a quote for the shredding from this company as well as two others, I presented all three quotes to Messrs. Young and Sun for their approval. As the shredding would take place on site it was agreed that we would use the underground parking area as the staging for the shredding. I, became aware that in addition to the boxes that I had located in the staging area there were additional boxes be placed there, [ was told by Mr. Young they were files that he was cleaning out as well and not to concern myself with them. I left UAL before the shredding process began. 14. Ileft UAL in June of 2011 out of fear for my personal safety. On my last day in the office of UAL, Mr. Young in verbally assaulted me because I had retained a locksmith to obtain a bid for the installation of locks on a joint control room for Messrs. Young and Sun, this request was done at the instruction of the controller of UAL Kristine Kiser, pursuant to the request of Mr. Sun. The joint control room is where Messrs. Young and Sun had planned to keep records for their jointly owned projects. I reported this incident to the Orange County Sherriff’s department, I do not believe a formal complaint was filed, the Harbor Justice Center Courthouse is located next to the UAL office, and I was afraid for my safety do to the action of Mr. Young, | felt it best to have an officer be aware of the situation. Executed this 30" day of August, 2014 at La Mirada , California. [ declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. \ \ x io 0 (Cot Ethyel (Jo-Jo)' Curtis 5 DECLARATION OF ETHYEL (JO-JO) CURTIS Exhibit F CERTIFIED COPY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER JOHN YOUNG, an individual, ) ) Plaintiff, ) ) vs. ) Case No. 30-2013- ) 00659963-CU-NP-CJC JASON D'ELIA, an individual; ) and DOES 1-50, inclusive, ) ) Defendants. ) ) ) AND CONSOLIDATED ACTIONS. ) ) VOLUME I DEPOSITION OF ETHYEL JOJO CURTIS May 16, 2016 Tracy Mafi, CSR No. 11850 408086 [1672] ® (310) 207-8000 Los Angeles (415) 433-5777 San Francisco (310) 207-8000 Century City (408) 885-0550 San Jose (916) 922-5777 Sacramento (800) 222-1231 Martinez (951) 686-0606 Riverside (818) 702-0202 Woodland Hills (212) 808-8500 New York City (347) 821-4611 Brooklyn (312) 379-5566 Chicago 00414800 222 1231 Paris (949) 955-0400 Irvine (760) 322-2240 Palm Springs (702) 366-0500 Las Vegas (702) 366-0500 Henderson (518) 490-1910 Albany 00+1+800 222 1231 Dubai BARKLEY A Court Reporters barkley.com (858) 455-5444 San Diego (800) 222-1231 Carlsbad (800) 222-1231 Monterey (516) 277-9494 Garden City (914) 510-9110 White Plains 001+1+800 222 1231 Hong Kong 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER JOHN YOUNG, an individual, Plaintiff, vs. Case No. 30-2013- JASON D'ELIA, an individual; and DOES 1-50, inclusive, Defendants. AND CONSOLIDATED ACTIONS. e n n r n f Nn N r N r Sn SN S e N r S e VOLUME I VIDEOTAPED DEPOSITION OF ETHYEL JOJO 00659963-CU-NP-CJC CURTIS, taken on behalf of Plaintiff John Young and UAP, at 18300 Von Karman Avenue, Suite 930, Irvine, California, beginning at 9:24 a.m., on Monday, May 16, 2016, before Tracy Mafi, Certified Shorthand Reporter No. 11850. ETHYEL J OJ O CURTIS - VOLUME | BARKLEY Court Reporters 16:16 5 9 16:17 10 11 12 13 14 16:17 15 16 177 18 19 16:17 20 21 22 23 24 16:17 25 THE WITNESS: We had a file clerk. Darn it. I'm not going to remember his name. He asked if I would -- if the company would do a letter of recommendation. I said, "Let me talk to Kris and see if that's something we can do." BY MR. BARRON: Q Do you recall any other discussion with any other UAL employees about what their intentions were after UAL wound down? A No. I do not recall. Q And on your last day at UAL, there's a dispute involving you and Mr. Young? A Yes. Q And that was approximately a week before UAL eventually was wound down? MS. NGUYEN: Calls for speculation. Assumes facts. THE WITNESS: I don't know when the actual wind-down of UAL was. BY MR. BARRON: Q Was it your understanding that was fairly close to the end of the wind-down period? MS. NGUYEN: Vague, ambiguous. Calls for speculation. THE WITNESS: It was the goal of each month 223 BARKLEY ETHYEL J O) O CURTIS - VOLUME | Court Reporters 16:17 5 10 11 12 13 14 16:18 15 16 177 18 19 16:18 20 21 22 23 24 16:18 25 that it was going to be the end of the month, so yes. BY MR. BARRON: Q And your last day at UAL was towards the end of June 20117? A Yes. Q Before that dispute with you and Mr. Young, did you understand that Mr. Young and Ms. Kiser had had a conversation about agreeing that no locksmith would be present on the property without the presence of Mr. Young? A No. Q You didn't have any conversation with Ms. Kiser about that? A No. Q Before that dispute on your last day, did you understand that Mr. Young wanted to be present whenever a locksmith came out on the property? A No. TI had no conversation. Q With anyone about that? A No. We're going to back up here. I had a conversation with Kris Kiser the night before, that she had me call and make arrangements with a locksmith to come give -- provide quotes for doing -- replacing the locks on the doors. That's 224 BARKLEY ETHYEL J O) O CURTIS - VOLUME | Court Reporters 16:19 5 9 16:19 10 11 12 13 14 16:19 15 16 177 18 19 16:19 20 21 22 23 24 16:19 25 the only conversation I had with her. Q What about -- and prior to that conversation with Ms. Kiser, did you have any other conversations about arranging to have a locksmith come out to the property? A No. Q In that conversation with Ms. Kiser, did she tell you anything about a conversation or agreement that she had had with Mr. Young about when or not a locksmith would come out to the property? MS. NGUYEN: Asked and answered. Assumes facts. THE WITNESS: No. BY MR. BARRON: Q And in this dispute Mr. Young got upset because a locksmith was onsite without his knowledge; is that correct? A He was upset. Q And do you understand why he was upset? MS. NGUYEN: Calls for speculation. THE WITNESS: No. BY MR. BARRON: Q Was it your understanding that he was upset because there was a locksmith onsite? MS. NGUYEN: Calls for speculation. 225 BARKLEY ETHYEL J O) O CURTIS - VOLUME | Court Reporters 16:19 5 9 16:20 10 11 12 13 14 16:20 15 16 177 18 19 16:20 20 21 22 23 24 16:20 25 THE WITNESS: He was upset. He accused me of stealing from him. BY MR. BARRON: Q What did he say -- A For locking him out of his business. Q So his -- Mr. Young was upset in connection with the locksmith being out at the property? MS. NGUYEN: Mischaracterizes the testimony. Calls for speculation. THE WITNESS: He was upset with me. He was upset with the fact that I had a locksmith there to give me a quote. I tried to explain I was not changing locks. Just getting a quote. BY MR. BARRON: Q And he raised his voice at you? A He screamed and yelled at me. 0 Anything else? A He was verbally abusive. The locksmith stepped between me and Mr. Young because the locksmith was concerned as well. Q How do you know the locksmith was concerned? A He stepped between me and Mr. Young. Q Did anything else occur to give you the impression the locksmith was concerned? 226 BARKLEY ETHYEL J O) O CURTIS - VOLUME | Court Reporters 16:21 5 9 16:21 10 11 12 13 14 16:21 15 16 177 18 19 16:21 20 21 22 23 24 16:21 25 A Yeah, he walked out explaining "I'm just here to give a quote. I'm not here to change any locks." He repeated it more than once. I would say he repeated it at least three times to Mr. Young and once to Ms. Sun -- Ms. Young (sic) outside. Q Who else was present? A Mike Malik was in the hallway. I believe Mr. Roman was in the hallway. Might have been Mr. Carroll. I'm not 100 percent sure right now. Sophanel -- I don't remember her last name -- was there. We had an employee that was hired on a temporary basis to help us box up and close things. Her first name was Susan. I don't remember her last name. There were two other employees there that were part time helping out, and I don't remember their names. I'm sorry. Q And during this dispute, Mr. Young never touched you; is that correct? A That is correct. Q And after the dispute Mr. Young left the area and went back to the UAP side of the office; that correct? A I don't -- MS. NGUYEN: Calls for speculation. 227 is ETHYEL J O) O CURTIS - VOLUME | BARKLEY Court Reporters 16:22 5 9 16:22 10 11 12 13 14 16:22 15 16 177 18 19 16:22 20 21 22 23 24 16:23 25 THE WITNESS: I don't know where Mr. Young went. I went to my office and waited. BY MR. BARRON: Q And when you came out of our office, was Mr. Young gone? A I got in my car and left. TI don't know where Mr. Young was. Q Approximately how long did this dispute with Mr. Young last? A few minutes? A From beginning to end, I would say he screamed at me for about 30 minutes. Q And what did you do after you went to your office? A I sat down and took a deep breath. I picked up the phone. Called my husband. Wasn't able to reach him. Called another person. I started gathering my stuff, and I started typing my resignation letter to Mr. Sun. Q Did you do anything else? A Called Ms. Johnson. She came over and helped me leave the building, along with Ms. Kiser. I had them check my boxes to make sure there was nothing in my box that did not belong to me. I made -- called the sheriff's department, which was across the street. They said if I needed 228 BARKLEY ETHYEL J O) O CURTIS - VOLUME | Court Reporters 16:23 5 9 16:23 10 11 12 13 14 16:23 15 16 177 18 19 16:23 20 21 22 23 24 16:23 25 any help, to let them know; that they had a sheriff that would be in the parking lot. Q When did you call the sheriff's department? A When I was at the office that day. The phone number and the business card was left on my desk. It wasn't the sheriff's department. I'm going to correct that. It was the courthouse that was adjacent to us because I knew they had officers on duty. Q Did you ever speak with anyone at the sheriff's -- or at the -- A Courthouse. Q -- courthouse that came out to the property that day? A That day, no. Afterwards, no. Q So other than placing a call to that courthouse, you didn't have any other communication with any sheriff's department or officer about this incident; is that correct? A I do not believe a formal complaint was written. Q And other than that initial call that you placed, did you have any other communication with anyone at the sheriff's department or any other 229 BARKLEY ETHYEL J O) O CURTIS - VOLUME | Court Reporters 1624 5 9 1624 10 11 12 13 14 16:24 15 16 177 18 19 16:25 20 21 22 23 24 16:25 25 police officer about this incident? A No. Q Do you have any knowledge as to what, if anything, happened in response to that initial call that you placed to the courthouse? A No. Q Do you know if anyone from the courthouse or any police officer or anyone at the sheriff's department came out to the property on Campus and Jamboree that day? A I believe the guard was in the parking lot when I was leaving. They used our parking lot to park in. Q Who used -- A The courthouse did. Employees of the courthouse. That's how I had the number. Q So was someone in the parking lot of the Campus /Jamboree offices in response to your call, to your knowledge? MS. NGUYEN: Asked and answered. THE WITNESS: I believe that's why he was there, ves. BY MR. BARRON: Q Did you speak with him? A Nog, 1 left. 230 BARKLEY ETHYEL J O) O CURTIS - VOLUME | Court Reporters 1625 5 9 1625 10 11 12 13 14 16:26 15 16 177 18 19 16:26 20 21 22 23 24 16:26 25 Q Did you leave with anybody? A I don't understand. Q When you left the office, did you leave with anybody? Did anyone escort you out? A Carly walked me out to the car. Q Anyone else? A No. Q What makes you think that an officer or somebody else associated with the courthouse responded to your call? A I remember seeing the guard in the parking lot. Q And those guards used the parking lot at Jamboree and Campus offices because the courthouse was next door? A We had a leasing agreement with them for the parking spaces. Q So those guards would park in that parking lot at Jamboree and Campus often? A The employees did, yes. I never really saw a guard in the parking lot in uniform until that day. Q And, again, you never spoke with that guard? A No, I got in the car and left. 231 BARKLEY ETHYEL J O) O CURTIS - VOLUME | Court Reporters 16:26 5 9 16:27 10 11 12 13 14 16:27 15 16 177 18 19 16:27 20 21 22 23 24 16:28 25 Q Did you see anyone at UAL speak with that guard? A No, I don't believe so. Q And when you saw that guard, you didn't approach that guard and speak with him? A No, I got in the car and left. Q How long after you went into your office and closed the door did Ms. Kiser arrive? A 20 minutes. 20 minutes. Q And was Ms. Kiser present when you walked out of the UAL offices to your car? MS. NGUYEN: If you recall. THE WITNESS: I don't recall if she was there. I know she checked my box before I left the office. BY MR. BARRON: Q Did you write -- when you wrote your resignation letter to Mr. Sun, you did that from your office? A I started it at the office, yes. I believe I finished it from home. Q And you called the courthouse from your office? A Yes. Q Did your husband come to the UAL offices on 232 BARKLEY ETHYEL J O) O CURTIS - VOLUME | Court Reporters 16:28 5 9 16:29 10 11 12 13 14 16:29 15 16 177 18 19 16:29 20 21 22 23 24 16:30 25 your last day? A No. Q Do you recall anyone else at UAL calling the police in connection with this dispute? MS. NGUYEN: Calls for speculation. THE WITNESS: I have no idea. BY MR. BARRON: Q Did you ask anyone else to call the police in connection with this dispute? A No. Q And you never -- you never knew one way or the other whether or not a formal complaint was filed? A No. Q And was there any specific reason why you didn't follow up on that initial call that you made? A I was done. I wasn't going back. Q Any other reason? A No. Q Before this dispute, had you had any other heated personal exchanges with Mr. Young? MS. NGUYEN: Vague and ambiguous. What do you mean by "heated personal exchanges"? THE WITNESS: Can you explain? BY MR. BARRON: 233 BARKLEY ETHYEL J O) O CURTIS - VOLUME | Court Reporters Exhibit G CERTIFIED COPY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CENTRAL COMPLEX CENTER JOHN YOUNG, an individual, Plaintiff, Case No. 30-2013- 00659963-CU-NP-CXC vs. [Consolidated with Case Nos. 30-2013- 00695664, 30-2013- 00659975, 30-2013- 00660006, 30-2014- 00738773] JASON D'ELIA, an individual; and DOES 1-50, inclusive, Defendants. N t N t N a N t N a N a N a N t Na Sa DEPOSITION OF MICHAEL MALIK April 29, 2016 Kyoko Jacobson, CSR No. 6920 407081 BARKLEY A SINCE Court Reporters 1972] ® barkley.com (310) 207-8000 Los Angeles (415) 433-5777 San Francisco (949) 955-0400 Irvine (858) 455-5444 San Diego (310) 207-8000 Century City (408) 885-0550 San Jose (760) 322-2240 Palm Springs (800) 222-1231 Carlsbad (916) 922-5777 Sacramento (800) 222-1231 Martinez (702) 366-0500 Las Vegas (800) 222-1231 Monterey (951) 686-0606 Riverside (818) 702-0202 Woodland Hills (702) 366-0500 Henderson (516) 277-9494 Garden City (212) 808-8500 New York City (347) 821-4611 Brooklyn (518) 490-1910 Albany (914) 510-9110 White Plains (312) 379-5566 Chicago 00+1+800 222 1231 Paris 00+1+800 222 1231 Dubai 001+1+800 222 1231 Hong Kong 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CENTRAL COMPLEX CENTER JOHN YOUNG, an individual, ) ) Plaintiff, ) ) vs. ) ) Case Nos. JASON D'ELIA, an individual; ) 00695664, and DOES 1-50, inclusive, ) 00659975, ) 00660006, Defendants. ) 00738773] ) Videotaped deposition of MICHAEL Case No. 30-2013- 00659963 -CU-NP-CXC [Consolidated with 30-2013- 30-2013- 30-2013- 30-2014- MALIK, taken on behalf of Defendant Andrew Sun, at 333 South Grand Avenue, Suite 2100, Los Angeles, California, 90071, commencing at 10:06 A.M., Friday, April 29, 2016, before Kyoko Jacobson, Certified Shorthand Reporter, Certificate No. 6920. MICHAEL MALIK BARKLEY Court Reporters 14:26 14:26 14:26 14:27 14:27 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 office. Q And who told you to do that? A John and Carolyn. Q And when did you start doing that? A It was like a week or so, maybe a little bit less than before the 30th, somewhere in June. 0 Somewhere in late June? A Something like that. That's how I remember it. Q And then -- so when you went over there to remove furniture from those offices, who -- who was present? A Like everybody altogether? Carolyn was over there. Kris Kiser was there. Jo-Jo was there. I forget what other -- which other girl was in the office over there. Maybe Sophanel. I forget who they had working there at the time. And we had a couple of -- couple of guys that -- some labor guys that we brought in. That's all I can really think of right now. Q Do you recall an altercation between Mr. Young and Jo-Jo Curtis during that period of time? A Yes. 0 Tell me about it. A There were instructions given to both sides 141 BARKLEY MICHAEL MALIK Court Reporters 14:27 5 9 14:28 10 11 12 13 14 14:28 15 16 17 18 19 14:28 20 21 22 23 24 14:28 25 that we wanted to jointly lock all of the joint stuff, all the rooms that had all the joint paperwork in. John told them that he wanted them to get bids on a locksmith to come out and install, you know, a double set of locks on the door, and he wanted to us to do it. And John wanted to be present, wanted somebody from our side to be present when they got bids. And when we had a bid, they wanted -- we wanted to offer them to be present so that there was no -- there was nothing that nobody knew about as far as the way the doors were going get locked. And John came over, and Jo-Jo was walking through with a locksmith, going through all the doors and how she wanted all the doors locked. And at the time, it was -- it was kind of confusing because, you know, there was a very specific instruction because things were getting, you know, tense because everything was shutting down. And, you know, John came over and questioned her. She is like "I'm doing whatever Andrew and Kris are telling me to do. I'm not doing anything you are telling me to do." 142 MICHAEL MALIK BARKLEY Court Reporters 14:29 5 9 14:29 10 11 12 13 14 14:29 15 16 17 18 19 14:29 20 21 22 23 24 14:29 25 And, you know, it's -- there was some raised voices that went both ways, but it was, you know, less than 20 seconds of back and forth. And Jo-Jo went her way, and John went back to his office. And I believe Jo-Jo called the cops and had the cops come over and had her husband come over, and it just turned into -- there was no threatening or anything going on. It was just, you know, "I gave you a specific instruction. How come you can't follow my instruction?" I'm still your boss. I'm still paying for your salary. How come you will not listen to me?" It was that kind of talk. There wasn't any type of other threatening stuff going on. Q So you are saying that this is what Mr. Young said to Jo-Jo? A That's what I recall, yes. Q And you were present for this -- A Yeah. I was in the -- Q -- argument? A -- hallway. Yeah, I sure was. Q And what happened with the locksmith? A He left. Q And do you -- what happened after the 143 BARKLEY MICHAEL MALIK Court Reporters Exhibit H CERTIFIED COPY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER JOHN YOUNG, an individual, Plaintiff, vs. JASON D'ELIA, an individual; and DOES 1-50, inclusive, Defendants. 00738773 N t N t N a N a N t Na N a t Na Na at VOLUME II DEPOSITION OF JOHN YOUNG January 28, 2016 Kyoko Jacobson, CSR No. 6920 401024 575] @® (310) 207-8000 Los Angeles (415) 433-5777 San Francisco (310) 207-8000 Century City (408) 885-0550 San Jose (916) 922-5777 Sacramento (800) 222-1231 Martinez (951) 686-0606 Riverside (818) 702-0202 Woodland Hills (212) 808-8500 New York City (347) 821-4611 Brooklyn (312) 379-5566 Chicago 00+1+800 222 1231 Paris (949) 955-0400 Irvine (760) 322-2240 Palm Springs (702) 366-0500 Las Vegas (702) 366-0500 Henderson (518) 490-1910 Albany 00+1+800 222 1231 Dubai Case No. 30-2013- 00659963-CU-NP-CJC [Consolidated with Case Nos. 30-2013- 00695664, 30-2013- 00659975, 30-2013- 00660006, 30-2014- BARKLEY Court Reporters barkley.com (858) 455-5444 San Diego (800) 222-1231 Carlsbad (800) 222-1231 Monterey (516) 277-9494 Garden City (914) 510-9110 White Plains 001+1+800 222 1231 Hong Kong 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER JOHN YOUNG, an individual, Plaintiff, Case No. 30-2013- 00659963-CU-NP-CJC VS. [Consolidated with Case Nos. 30-2013- 00695664, 30-2013- 00659975, 30-2013- 00660006, 30-2014- 00738773 JASON D'ELIA, an individual; and DOES 1-50, inclusive, Defendants. —_— — ~ ~ ~ ~ ~ ~ ~ ~— VOLUME TIT CONTAINS CONFIDENTIAL PORTION Videotaped deposition of JOHN YOUNG, taken on behalf of Defendant and Cross- Complainant Andrew Sun, at 333 South Grand Avenue, Suite 2100, Los Angeles, California, 90071, commencing at 10:10, A.M., Thursday, January 28, 2016, before Kyoko Jacobson, Certified Shorthand Reporter, Certificate No. 6920. 228 JOHN YOUNG - VOLUME II BARKLEY Court Reporters 12:52 5 9 1252 10 11 1.2 13 14 12:52 15 16 17 18 19 12:53 20 21 22 23 24 12:53 25 A Oh, when we were wrapping up probably June 30th, '1l1l, or -- yeah. She was -- I think -- well, maybe -- I don't know if she was there till the very end or she left two weeks before, somewhere in that area. Q Did you ever yell and scream at her? MR. BARRON: Vague. Q BY MR. HURON: Do you remember an incident like that? MR. BARRON: Vague. THE DEPONENT: There was an agreement with Kris Kiser made that we -- do you want to know? Yes? MR. HURON: Yes. MR. BARRON: You are interrupting -- interrupting the witness' answer? Why don't you finish your answer, and he'll ask a follow-up question. THE DEPONENT: There was an agreement with Kris and I, and Jo-Jo broke that agreement and had a locksmith come out that we were trying to lock up the joint room. And Jo-Jo was there over there before I found out the locksmith, and he was there fixing the locks. And it was supposed to be that Mr. Sun couldn't get in and we couldn't get in. And so it 350 JOHN YOUNG - VOLUME II BARKLEY Court Reporters 12:53 12:53 12:54 12:54 12:54 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 was a contrary -- she had this locksmith there, and we had a big deal. Kiser lied to me and told me she called the police. I called the police. They came and jumped on Kiser and everybody and -- the Newport Beach Police. I don't know if they filled a report out. So it got heated by everybody there, and there was witnesses there that said -- you know, I didn't threaten her or anything. I just raised my voice "Why are we breaking our agreement?" Q BY MR. HURON: Could you tell that Ms. Curtis was visibly upset by what you were saying and your demeanor towards her? A Not at that time. MR. BARRON: Vague, lacks foundation. Q BY MR. HURON: What did the police ask you about the incident? A Well, it was over -- Kris Kiser called -- it was that they wouldn't -- we bought the furniture, and they wouldn't let us get it out. It was just a big bunch of wrangling. Mr. Sun was in China, and he wasn't there for the closeout which made it rough, and they kept calling him in China. So it was a big mess. Q How tall are you? 351 JOHN YOUNG - VOLUME II BARKLEY Court Reporters 12:54 5 9 12:54 10 11 1.2 13 14 12:55 15 16 17 18 19 1255 20 21 22 23 24 12:55 25 A 6'2". Q How tall is Jo-Jo Curtis? MR. BARRON: Calls for speculation. THE DEPONENT : I don't know. 0 BY MR. HURON: You have some idea, don't you? MR. BARRON: Calls for speculation, asked and answered. THE DEPONENT: I suppose she is 5'7", 5'8", pretty tall. Q BY MR. HURON: What things were you yelling at her? A About -- MR. BARRON: Lacks foundation, vague. THE DEPONENT: It was about what I just said. The lock, changing -- MR. HURON: If you want to say something, say it. You don't have to keep whispering, muttering under your breath. It's very distracting. Go ahead. THE DEPONENT: Where was I? MR. BARRON: Can you -- Q BY MR. HURON: You were telling me why you were yelling at Ms. -- MR. BARRON: That misstates the testimony. 352 JOHN YOUNG - VOLUME II BARKLEY Court Reporters 12:54 5 9 1255 10 11 1.2 13 14 12:55 15 16 17 18 19 12:56 20 21 22 23 24 12:56 25 Please read the question back. (The deposition officer read the record as follows: "Q What things were you yelling at her?") MR. BARRON: Objection; vague, lacks foundation, misstates the testimony. THE DEPONENT: I had said that earlier I believe. Over the lock, locking. We were supposed to have dual locksmiths come at the same time so there was absolutely no way one side could get in or the other side. Q BY MR. HURON: Did you ever call her any names? MR. BARRON: Vague -- THE DEPONENT: I don't recall calling -- MR. BARRON: -- lacks foundation. THE DEPONENT: -- her names. No. MR. HURON: What's the next exhibit? 137? DEPOSITION OFFICER: Yes -- 12. MR. HURON: 12. So I'm marking as Exhibit 12 a declaration of Ethyel Curtis. (Exhibit 12 was marked for identification by the deposition officer and is attached hereto.) 353 JOHN YOUNG - VOLUME II BARKLEY Court Reporters PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am over the age of 18 and not a party to the within action. My business address is 18300 Von Karman Avenue, Irvine, California 92612-1057. On July 25, 2016, I served the foregoing document described as YOUNG’S MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE AND ARGUMENT ABOUT ANY ALLEGED NAME-CALLING, YELLING, AND VERBAL ASSAULTS BY YOUNG, OR CONFRONTATIONS BETWEEN YOUNG AND JO-JO CURTIS on the interested parties through their counsel identified on the attached service list by the following means of service: O BY MAIL: Iam readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service the same day with postage thereon fully prepaid at Irvine, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. BY ONELEGAL ELECTRONIC ONLINE COURT SERVICES: I caused the document(s) to be sent by electronic service by transmitting a true and correct pdf version via each individuals’ email through OneLegal Electronic Online Court Services. BY EMAIL: The document(s) was sent electronically to each of the individuals at the email address(es) indicated on the attached service list, pursuant to C.C.P § 1010.6 and C.R.C. Rules 2.256 and 2.251. The transmission was made with no error reported. BY HAND DELIVERY: The document(s) were sent via e-mail to ASAP Legal, LLC with instructions to print and place in a sealed envelope and deliver to address(es) indicated on the attached service list by messenger on the above-mentioned date. BY OVERNIGHT NEXT DAY DELIVERY: On the above-mentioned date, I placed a true copy of the above mentioned document(s), together with an unsigned copy of this declaration, in a sealed envelope or package designated by the overnight delivery provider with delivery fees paid or provided for, at the addresses indicated on the attached service list and deposited same in a box or other facility regularly maintained by the overnight delivery provider or delivered same to an authorized courier or driver authorized by the overnight delivery provider to receive documents. STATE | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, ref iy Courfney McKinney / Executed on July 25, 2016. John Young v. Jason D'Elia , et al. O.C.S.C. Case No. 30-2013-00659963-CU-NP-CJC Consolidated with Case Numbers 30-2013-00695664, 30-2013-00659975, 30-2013-00660006, 30-2014-00738773 SERVICE LIST Jeffrey G. Huron jhuron @dykema.com Phu C. Nguyen pnguyen@dykema.com Jason Riddick jriddick @dykema.com DYKEMA GOSSETT LLP 333 South Grand Avenue, Suite 2100 Los Angeles, CA 90071 Tel: (213) 457-1800 Fax: (213) 457-1850 Attorneys ANDREW SUN Andra Greene Agreene @irell.com Cathy Moses cmoses @irell.com IRELL & MANELLA LLP 840 Newport Center Drive, Suite 400 Newport Beach, CA 92660 Tel.: (949) 760-0991 Fax: (949) 760-5200 Attorneys ANDREW SUN James S. Azadian jazadian @enterprisecounsel.com ENTERPRISE COUNSEL GROUP ALC 3 Park Plaza, Suite 1400 Irvine, CA 92614 Tel: (949) 833-8550 Fax: (949) 833-8540 Attorneys ANDREW SUN Stephen J. Erigero stephen.erigero@rmkb.com Stephen Shaner stephen.shaner @rmkb.com ROPERS MAJESKI, KOHN & BENTLEY 445 South Figueroa St., Suite 3000 Los Angeles, CA 90071 Tel.: (213) 312-2000 Fax: (213) 312-2001 Attorneys for JOHN YOUNG and Defendant UNITED AMERICAN PROPERTIES, INC. Craig Taggart ctaggart@sycr.com STRADLING YOCCA CARLSON & RAUTH, P.C. 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 Tel.: (949) 725-4000 Fax: (949) 725-4100 Attorneys for JEFFER MANGELS BUTLER & MITCHELL, LLP, and MARK ADAMS
