Court Trial LC

Cal. Super. - 2nd Dist.February 19, 2019

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 09:30:00 AM JUDICIAL OFFICER PRESIDING: Henry Walsh COUNTY OF VENTURA VENTURA DATE: 09/08/2021 DEPT: 42 CLERK: Angela Hatton REPORTER/ERM: Irene Abbey CASE NO: 56-2019-00525051-CU-FR-VTA CASE TITLE: John vs. Fine CASE CATEGORY: Civil - Unlimited CASE TYPE: Fraud EVENT TYPE: Court Trial (LC) (3-5 day) STOLO APPEARANCES STOLO SAMUEL J. ARSHT, counsel, present for Plaintiff(s). Russell John an individual and as Trustee of the John Family Revocable Trust and derivatively on behalf of BIORAP PARTNERS LLC, Plaintiff, present. Kevin L. Dorhout, counsel, present for Defendant(s). David J Habib, Jr, counsel, present for Defendant(s). Justin Fine, Defendant is present. Stolo 4th Day of Trial 9:31 am This being the time previously set for further CourtÃ Â Ã Â Ã Â Ã Â trial in the above entitled cause, having been continued from 9/3/21, all parties and counsel appear as noted above and court convenes. Witness Justin Fine previously sworn, resumes the stand for further testimony. Direct continues pursuant to 776 by Mr. Arsht Plaintiff's exhibit(s) marked and identified as follows: #52 Checks from ENIF to Fine and Family Members (2009 - 2010) #53 Check from ENIF to Nemesis Partners I (10/27/09) #54 Checks from ENIF to Cohen Pagano accountancy (2009-2018) #55 Check from ENif to Audi (3/31/10 - $42,638.54) #56 (previously marked) #39 ENIF 2018 Tax Return #73 (previously marked/identified) 11:05 am Court is in recess. VEN-FNR-10.03 MINUTE ORDER DATE: 09/08/2021 Page 1 DEPT: 42 CASE TITLE: John vs. Fine CASE NO: 56-2019-00525051-CU-FR-VTA 11:30 am Court reconvenes with plaintiff(s), defendant(s) and counsel present as noted above. Direct examination pursuant to 776 by Mr. Arsht is completed Cross examination of Justin Fine commences by Mr. Habib on behalf of defendant Fine . 11:41 am Redirect examination of Justin Fine commences by Mr. Arsht on behalf of plaintiff . Witness Justin Fine (11:42) is excused 12:00 pm Court is in recess. 1:33 pm Court reconvenes with plaintiff(s), defendant(s) and counsel present as noted above. John Pagano, called pursuant to Evidence Code 776, is sworn and examined by Mr. Arsht on behalf of plaintiff . 4:08 pm Cross examination of John Pagano commences by Mr. Dorhout on behalf of defendant Fine . Defendant's exhibits marked and identified as follows: #226 Biorap-Accounting Worksheets 2010-2018 #213 Biorap Ameritrade Statements 1/2010 - 12/2010 #212 John Pagano CPA, CV and firm profile 4:15 pm Cross examination of John Pagano commences by Mr. Habib on behalf of defendant Biorap . Defendant's exhibits marked and identified as follows: #209 ENIF & Co, Inc., Estimated value 11/20/2019 #234 USDC (DC) Judgment 4/7/2017 against Crystallex At the request of Mr. Habib the Court takes judicial notice of Exhibit #234 4:42 pm Redirect examination of John Pagano commences by Mr. Arsht on behalf of plaintiff . 4:50 pm Recross examination of John Pagano commences by Mr. Darhout on behalf of defendant Fine . Witness John Pagano (4:51) is excused Defendant exhibit marked as follows: #241 US District Court for the District of Delaware Crystallex International v Bolivarian Rep of Venezuela Memorandum Order VEN-FNR-10.03 MINUTE ORDER DATE: 09/08/2021 Page 2 DEPT: 42 CASE TITLE: John vs. Fine CASE NO: 56-2019-00525051-CU-FR-VTA 4:55 pm Court is adjourned until 09/09/2021 at 09:30 AM in Department 42. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 09/08/2021 Page 3 DEPT: 42