DEPOSITION & TESTIMONY OF ELDER ABUSER PATHOLOGICAL LIAR - ROBERT LEWIS FULLER aka "Buddha"

ROBERT LEWIS FULLER FEBRUARY 18, 2011

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT
3 - - -
4 IN RE THE CONSERVATORSHIP OF )
5 EDWINA FULLER, )
6 Conservatee. )
7 - - - - - - - - - -
8 STEVEN FULLER, )
9 Conservator, )
10 vs. ) BP099211
11 THELSEY FULLER et al., )
12 Respondents. )
13 - - - - - - - - - -
14 VOLUME I
15 DEPOSITION OF ROBERT LEWIS FULLER16 DIAMOND BAR, CALIFORNIA
17 FRIDAY, FEBRUARY 18, 2011
18
19
20
21 ATKINSON-BAKER, INC.
22 COURT REPORTERS
(800) 288-3376
23 www.depo.com
24 REPORTED BY: LISA T. OWEN, CSR NO. 4475
25 FILE NO.: A501D20
Page 1

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT
3 - - -
4 IN RE THE CONSERVATORSHIP OF )
5 EDWINA FULLER, )
6 Conservatee. )
7 - - - - - - - - - -
8 STEVEN FULLER, )
9 Conservator, )
10 vs. ) BP099211
11 THELSEY FULLER et al., )
12 Respondents. )
13 - - - - - - - - - -
14
15
16 Volume I Deposition of ROBERT LEWIS FULLER, a
17 Respondent, taken on behalf of the Conservator Steven
18 Fuller, at 3333 South Brea Canyon Road, Suite 121,
19 Diamond Bar, California, commencing at 10:53 a.m., on
20 Friday, February 18, 2011, before Lisa T. Owen, CSR No.
21 4475
22
23
24
25
Page 2

1 APPEARANCES:
2
3 FOR CONSERVATOR STEVEN FULLER:
4 SYBIL YVONNE BURRELL, ESQ.
5 333 South Grand Avenue
6 25th Floor
7 Los Angeles, California 90071
8 (213) 572-3700
9
10 FOR RESPONDENTS:
11 THE LAW OFFICES OF DANIEL K. LAK
12 BY: DANIEL LAK, ESQ.
13 18101 Von Karman Avenue
14 Suite 330
15 Irvine, California 92612
16 (949) 225-4477
17
18 ALSO PRESENT:
19
20 STEVEN FULLER
21 SANDRA ARNOLD
22
23
24
25
Page 3

1 INDEX
2
3 WITNESS: ROBERT LEWIS FULLER4 EXAMINATION PAGE
5 BY MS. BURRELL 6, 91, 94
6 BY MR. LAK 88, 94
7
8
9
10
11
12 EXHIBITS:
13 DEPOSITION
14 NUMBER DESCRIPTION PAGE
15 1- Notice of Deposition and Demand to Produce 10
Documents Thereat; 7 pages
16 2- Thelsey S. Fuller Revocable Trust; 22 pages 29
17 3- Amendment to Thelsey S. Fuller Revocable 34
Trust; 5 pages
18 4- Citibank Consumer Power of Attorney and 42
Notice - For California Residents; 3 pages
19 5- Photocopies of checks; 2 pages 50
20 6- Amended Petition to Determine Title 72
21 Pursuant to Probate Code Sections 850,
855, and 859; 8 pages
22 7- Joint Tenancy Grant Deed; 1 page 81
23
24
25
Page 4

1 EXHIBITS (Continued):
2
3 DEPOSITION
4 NUMBER DESCRIPTION PAGE
5 8- Quitclaim Deed; 3 pages 84
6
7
8
9 INFORMATION TO BE SUPPLIED:
10 (NONE)
15 QUESTIONS WITNESS INSTRUCTED NOT TO ANSWER:
16 (NONE)
17
18
19
20
21
22
23
24
25
Page 5

1 ROBERT LEWIS FULLER,
2 having been first duly sworn, was
3 examined and testified as follows:
4
5 MS. BURRELL: All right. Were on the record
6 in the matter of the conservatorship of Edwina Fuller.
7 That's L.A. Superior Court Case No. BP 099211.
8 Present is the deponent, Robert Fuller, with
9 his lawyer, Daniel Lak. Also present is Sybil Burrell.
10 I'm the attorney for the conservatorship of Edwina
11 Fuller. My client is Steven Fuller, Steven Fuller is
12 also present. And, finally, present is party Sandra
13 Arnold.
14
15 EXAMINATION
16 BY MS. BURRELL:
17 Q Mr. Fuller, would you state your full name?
18 A Robert Lewis Fuller.
19 Q Mr. Fuller, have you ever had your deposition
20 taken before?
21 A No.
22 Q Has your lawyer talked to you about the process
23 of a deposition?
24 A Briefly.
25 Q Let me say a few things about what a deposition
Page 6

1 is and how it works, so that you'll understand what it
2 is we're going to do this morning.
3 First of all, you should know that even though
4 we're in an informal setting here, there's no judge,
5 we're not in a courtroom, I'm dressed quite casually,
6 even though that's the case, the questions that I'm
7 going to ask you and the answers that you give are given
8 under oath, just as they would be given in a courtroom
9 setting. That means that you have the same obligation
10 to be truthful here as you would in a court of law.
11 Do you understand that?
12 A Uh-huh. Yes.
13 Q The next -- which brings up the next thing;
14 there's a court reporter here, who is going to take down
15 everything that we say. She can only take down words.
16 She can't take down sounds, which means she can't take
17 down sounds like uh-huh or huh-uh. What she will
18 instead need for you to do is say "yes" or "no" and
19 answer in words.
20 Does that make sense?
21 A Yes.
22 Q Do you understand that?
23 A Yes.
24 Q In addition to that, she would appreciate it if
25 only one of us speaks at a time. And let me tell you a
Page 7

1 little bit what I mean by that. Sometimes when I ask
2 you a question, you may think you know the answer to the
3 question, and you may be inclined to answer it before I
4 finish. Try to resist doing that. Let me finish my
5 question before you give your answer. And I'll extend
6 the same courtesy to you and to the court reporter. I
7 won't ask a question until you have fully answered the
8 question.
9 Do you understand that?
10 A Yes.
11 Q When this deposition is finished, there will be
12 a transcript created. When the transcript is created,
13 it will be given to your lawyer, and you and your lawyer
14 will have an opportunity -- an opportunity to review it
15 and to make any changes. And you're entitled to make
16 changes. But you should know that any changes that you
17 make to a deposition -- to your testimony that you give
18 here today can be used against you at time of trial.
19 Do you understand that?
20 A Yes.
21 Q When you're answering, you have an obligation
22 to answer truthfully. But you also have an obligation
23 to estimate for me if I ask you to. You do not,
24 however, have an obligation to guess.
25 So let me take a moment and explain to you the
Page 8

1 difference between an estimate and a guess. If I were
2 to ask you to look at this table and tell me how long
3 and wide it is, you could look at it, and you could
4 estimate. You could say that maybe it's 8 or 9 feet
5 long and 4 or 5 feet wide. That would be an estimate.
6 And if I ask you to do something like that, I'm entitled
7 to have you try your best. But if I were to ask you to
8 tell me the dimensions of the desk that's in my office,
9 you would have to guess because you've never seen that.
10 I'm not entitled to have you guess, and you should never
11 guess.
12 Do you understand the difference between an
13 estimate and a guess?
14 A Yes, I do.
15 Q How is your health today? Do you feel okay?
16 A Yes.
17 Q Are you under any medication?
18 A Yes.
19 Q What medication are you under?
20 MR. LAK: Objection. Relevance. If it's -- if
21 you're asking if he's impaired and unable to give
22 testimony today, that's one thing. But his health --
23 his health concerns are not anyone's business.
24 BY MS. BURRELL:
25 Q Is there any medication that you're under that
Page 9

1 will impair your ability to understand my questions
2 today?
3 A No.
4 Q Do you feel sick?
5 A Yes.
6 Q Does your sickness affect your ability to
7 answer my questions today?
8 A I don't know.
9 Q Is there any reason that you know of that we
10 shouldn't proceed today because of the way you feel?
11 A No.
12 Q I'll incorporate breaks if we need them. I'm
13 going to try to move this along because I know we're
14 getting a late start. However, if you want a break, you
15 can stop me at any time; have your lawyer ask for a
16 break, and we'll go off the record, and you can take a
17 break.
18 Let me show you the first exhibit. It's
19 entitled "Notice of Deposition and Demand to Produce
20 Documents Thereat." It's a seven-page document. We'll
21 mark that as Exhibit 1.
22 (Deposition Exhibit 1 was marked for
23 identification.)
24 BY MS. BURRELL:
25 Q I'll show that to you and your lawyer. And let
Page 10

1 me ask you if you recognize that document? Have you
2 seen that document before?
3 A I couldn't identify this.
4 Q So is your answer that you've never seen that
5 before?
6 MR. LAK: I think the witness has spoken that
7 he wasn't able to identify it.
8 MS. BURRELL: I've asked a different question.
9 I've asked a different question.
10 THE WITNESS: I cant identify it.
11 BY MS. BURRELL:
12 Q Have you ever -- my question is, have you ever
13 seen that document before?
14 A This particular document?
15 Q That's right.
16 A I'll just have to say no.
17 Q Did you discuss with your lawyer before you
18 came to this deposition that you were going to be
19 required to bring certain documents with you today?
20 A I brought a document right there.
2 1 Q And did you bring documents today in response
22 to your lawyer's instruction that you bring some?
23 MR. LAK: It has to be either a "yes" or a
24 "no," a verbal answer.
25 THE WITNESS: Oh, repeat that.
Page 11

1 BY MS. BURRELL:
2 Q Did you bring some documents today with you,
3 after discussing the fact that you were going to be
4 deposed today with your lawyer?
5 A No, I didn't bring any. No.
6 Q You didn't bring any documents?
7 A No, because I had none.
8 MR. LAK: I think the witness is
9 misunderstanding your questions.
10 If I may paraphrase what you're asking, Robert,
11 she's just asking, did we talk, and did I ask you to
12 say -- to bring certain things to this meeting?
13 THE WITNESS: Oh, yes. Uh-huh.
14 BY MS. BURRELL:
15 Q And did you bring those things?
16 A Yes.
17 Q And where are they?
18 A What should I say, right here?
19 Q Yes.
20 A Oh.
21 Q And that's only because the court reporter
22 can't take down --
23 A Okay. Yes. That's the document.
24 Q May I see those documents?
25 MR. LAK: Sure.
Page 12

1 BY MS. BURRELL:
2 Q Were you instructed to bring any documents in
3 accordance -- in response to some instructions from my
4 office or from Mr. Fuller's lawyers?
5 MR. LAK: Mr. Fuller's lawyers?
6 BY MS. BURRELL:
7 Q Me or any other lawyer; were you instructed to
8 bring some documents today?
9 MR. LAK: Didn't we already cover that? He
10 said yes, and he pointed to the table.
11 MS. BURRELL: Do you have an objection to my
12 question?
13 MR. LAK: Yeah. It's asked and answered. The
14 objection is it's already been asked and answered.
15 BY MS. BURRELL:
16 Q Where did you find this document, Mr. Fuller?
17 MR. LAK: I'll hold on to that.
18 MS. BURRELL: No. Can I hold on --
19 MR. LAK: Sure.
20 MS. BURRELL: -- to it?
21 MR. LAK: I just want to keep it on the table
22 then.
23 BY MS. BURRELL:
24 Q Where did you find this document?
25 A I don't understand that question.
Page 13

1 Q Where did you find this book that you brought
2 me?
3 A Where did I find it?
4 Q Yes.
5 A I didn't never know it was lost.
6 Q Is this your document?
7 A Yes. But what are you asking me? Where did I
8 get it from?
9 Q Yes.
10 A I got it from my sister Doris.
11 Q And when did you get it from your sister
12 Doris?
13 A When we got here.
14 Q So that would be today?
15 A Yes.
16 Q How old are you?
17 A I'm 69.
18 Q And is Robert Fuller the only name you've ever
19 used?
20 A Yes.
21 Q What are your parents' names?
22 A What are my parents' names?
23 Q Yes.
24 A My father's name was Thelsey Fuller -- Thelsey
25 Leo Fuller. And my mother's name is Edwina Fuller.
Page 14

1 Q And do you have any brothers and sisters?
2 A Yes.
3 Q What are their names?
4 A My oldest sister's name is Carol. You need the
5 last name, too?
6 Q Yes, please.
7 A Well, I think her last name is Ritchey. And my
8 sister Sandra -- Sandra Amold; and my brother Steven
9 Fuller; and my sister Doris Fuller.
10 Q What is the highest education you've attained,
11 Mr. Fuller?
12 A I graduated from high school.
13 Q Do you happen to remember when that was?
14 A 1973, I think it was. 1973.
15 MR. LAK: Is that an estimate, Robert?
16 THE WITNESS: Yes.
17 BY MS. BURRELL:
18 Q And are you employed?
19 A I'm retired.
20 Q And where did you work before you retired?
21 A Los Angeles County Probation Department.
22 Q And how long did you work for the Los Angeles
23 County Probation Department?
24 A Let's see. 29 years and a few months.
25 Q Did you work anywhere before you worked for the
Page 15

1 Los Angeles County Probation Department?
2 A Yes.
3 Q And where was that?
4 A Now, that goes way back. And I can't really
5 remember every one of the jobs that I had. But I worked
6 at Chromizing.
7 Q Chromizing?
8 A Chromizing; Fidelatone; Larry Pierce & Sons;
9 and Hollywood Accessories.
10 Q What kind of work did you do for the L.A.
11 Probation Department?
12 A I was senior cook.
13 Q And what kind of work did you do for
14 Chromizing?
15 A I was a hydraulic press operator.
16 Q Were you a cook for all the 29 years you were
17 at the L.A. Probation Department?
18 A Yes.
19 Q Are you married?
20 A Yes.
21 Q What is your wife's name?
22 A Deborah.
23 Q How long have you been married?
24 A I got married in 1996.
26 Q Was that your first marriage?
Page 16

1 A No.
2 Q Which marriage was that?
3 A It was my fourth marriage.
4 Q Tell me about -- tell me the names and the
5 approximate periods of your prior three marriages.
6 A The times I was married? The years?
7 Q Well, let's start with the name of your first
8 wife.
9 A Linda.
10 Q And what was her maiden name -- what was her
11 name before she married you?
12 A Irving.
13 Q And when you were married to her?
14 A In 19- -- let's see -- I can't remember. It
15 was in the '60s. '63 -- yes, about.
16 Q For maybe how many years?
17 A Approximately five years, I do believe.
18 Q That's fine. And your second wife's name?
19 A Vanessa.
20 Q And what was her name before she married you?
21 A Let me see now. Coleman.
22 Q And how long were you married to Vanessa
23 Coleman?
24 A Oh, approximately about five -- about five
25 years also.
Page 17

1 Q And your third wife?
2 A I was married to -- her name was Barbara --
3 Barbara Pyle. I was married to her approximately about
4 15 years.
5 Q Did you divorce Barbara Pyle?
6 A Right.
7 Q What year did you divorce Barbara Pyle?
8 A In '95, I think it was.
9 Q Do you have children?
10 A One child.
11 Q Is your child an adult?
12 A Yes.
13 Q And what is your child's name?
14 A Yolanda.
1 5 Q And her last name?
16 A It's Butler.
17 Q Where does Yolanda Butler live?
18 A She lives in Arizona.
19 Q Do you own real estate in California?
2 0 A No.
21 Q Have you ever owned real estate in
22 California?
2 3 A No.
24 Q Has your wife owned real estate in
25 California?
Page 18

1 A No.
2 Q Do you own real estate outside of California?
3 A No.
4 Q Have you ever bought or sold real estate in
5 California?
6 A No.
7 Q Have you ever bought or sold real estate on
8 behalf of your mother, Edwina?
9 A No.
1 0 Q Have you ever brought or sold real estate on
11 behalf of your father, Thelsey?
12 A No.
13 Q Your father has passed away; is that correct?
14 A Yes.
15 Q And when did he pass?
16 A August the 26, 2009.
17 Q Do you know where he was living when he passed
18 away?
19 A He was living in a convalescent hospital.
20 Q Where was the convalescent hospital?
21 A Long Beach, California.
22 Q And how long had he lived there, do you know?
23 A A few months.
24 Q When you say "a few," how many do you mean? Do
25 you mean less than five?
Pale 19

1 A I'll say about a month then. I'll guess about
2 a month, estimating.
3 Q Where was he living before he lived in the
4 convalescent home?
5 A He was living with my sister on Bradfield
6 Avenue in Compton.
7 Q And how long had he lived at Bradfield Avenue
8 in Compton before he went to the convalescent home?
9 A Approximately 14 months.
10 Q What caused his death? Do you know?
1 1 A He --
12 MR. LAK: Objection. It calls for a medical
13 opinion.
14 MS. BURRELL: I'm not asking for a medical
15 opinion.
16 MR. L_AK: I'm just getting the objection on the
17 record.
18 You may go ahead and answer the question if you
19 know.
2 0 THE WITNESS: A lung disease, kidney failure.
21 BY MS. BURRELL:
22 Q Did he die in a hospital?
23 A Convalescent hospital in Long Beach.
2 4 Q Did he have caretakers aside -- well, were
25 there caretakers for him at the convalescent home?
Page 20

1 A Doctors --
2 Q Doctors and nurses?
3 A -- and nurses in the convalescent hospital.
4 Q Did he have any family caretakers, caretakers
5 that were members of his family?
6 A Not that I know; just my sister Doris; and
7 myself, of course.
8 Q Was your father still driving, say, any -- just
9 before his death?
10 A He had a valid driver's license.
11 Q Was he driving? Do you know?
12 A No. He didn't have to drive.
13 Q When is the last time your father drove that
14 you know of?
15 A The last time my father drove was approximately
16 15 months before he passed away.
17 Q He owned a car at that time?
18 A Yes.
19 Q What was your father's occupation?
20 A He was a postal employee.
21 Q Do you know what he did for the postal service?
22 A He was a mail carrier.
23 Q And how long was he an employee of the postal
24 service? Do you know?
25 A Approximately 20 -- about 20-something-odd
Page 21

1 years.
2 Q 20, or so, years?
3 A Yes.
4 Q 20 or more years?
5 A Uh-huh.
6 Q Less than 30?
7 A Yes, less than 30.
8 Q Do you know where he worked before then?
9 A He worked at Vitaloids (phonetic). I don't
10 know how you spell it.
11 Q Vitaloise (phonetic)?
12 A Vitaloids.
13 Q Was that here in California?
14 A Yes.
15 Q In Los Angeles?
16 A Yes.
17 Q Do you know what he did for Vitaloise?
18 A He made car pistons.
19 Q Do you know how long he worked for Vitaloise?
20 A Well, off and on, he worked for the post
21 office, and then he worked for Vitaloids when he was on
22 vacation or something. So it was like temporary or off
23 and on.
2 4 Q I see.
25 A For years -- for some years.
Page 22

1 Q So did he work off and on for Vitaloise for
2 more than five years?
3 A Yes.
4 Q More than 10 years?
5 A Approximately about that long, yes.
6 Q Did he ever work for a railroad?
7 A Yes.
8 Q What railroad did he work for?
9 A I think it was Southern Padfic.
10 Q And do you know when he worked for Southern
11 Pacific Railroad?
12 A He worked there just before he was hired by the
13 post office. And he worked there approximately nine
14 years.
15 Q Did your father retire from the railroad?
16 A No.
17 Q Did he retire from Vitaloise, do you know?
18 A No.
19 Q And did he retire from the postal service?
2 0 A Yes.
2 1 Q Do you know when he retired from the postal
22 service?
23 A Approximately 1980.
2 4 Q Was your father married at his death?
25 MR. LAK: Objection. It calls for a legal
Page 23

1 opinion.
2 You can go ahead and answer the question. I'm
3 sorry, Robert, just to be clarify, I'll be objecting
4 occasionally, just to get the objection on the record.
5 THE WITNESS: Uh-huh.
6 MR. LAK: But then unless I instruct you, you
7 can go ahead and still answer the question, unless I
8 say, "Don't answer the question."
9 THE WITNESS: Okay.
10 MR. LAK: So if you could repeat the question
11 one more time, please?
12 BY MS. BURRELL:
13 Q Was your father married at his death?
14 A He was married, I believe. He was married to
1 5 Odessa.
16 Q What is Odessa's last name?
17 A I think her last name was Coleman.
18 Q And where does Odessa Coleman live?
19 A She's deceased.
2 0 Q And when did she die?
21 A She died, I think, in 2004.
22 Q So then you're saying your father was a widow
2 3 at his death; am I right?
2 4 A Well, my father might have been a bigamist. I
2 5 don't know.
Page 24

1 Q I understand.
2 MR. LAK: Objection as to the question being a
3 widow. Again, it calls for a legal opinion.
4 BY MS. BURRELL:
5 Q All right. Was Odessa Coleman -- well, strike
6 that.
7 Do you know when your father married Odessa
8 Coleman?
9 A No.
10 Q When did you first learn that your father was
11 married to Odessa Coleman?
12 A Well, when she passed away, they are buried as
13 husband and wife.
14 Q Any other information you have that makes you
15 know that they were married or believe that they were
16 married?
17 A Well, he had me believing they were married.
18 But not knowing that he ever divorced my mother, I -- I
19 don't know. I don't think they got a divorce. I'm not
20 sure about that.
21 Q I understand. What was -- did Odessa work? Do
22 you know?
23 A She was a gospel singer.
24 Q Did Odessa and your father have children
25 together?
Page 25

1 A No.
2 Q Where does your mother live?
3 A She's resides with my brother.
4 Q Your brother Steven?
5 A Steven, uh-huh.
6 Q When have you last seen your mother?
7 A I imagine I seen -- well, not imagine -- say,
8 about 18 months ago.
9 Q And where --
10 A If — no, I seen her in the hospital, come to
11 think of it. She was in the hospital. And I visited
12 her there.
13 Q All right. And do you remember when that was,
14 roughly?
15 A Last year; I think it was in --
16 Q Do you remember the month of last year?
17 A Wait a minute now. Let me think now. 2009, I
18 believe it was.
19 Q Do you remember what month you saw her in --
20 A No.
21 Q -- what month that was?
2 2 A I don't recall.
2 3 Q Did your mother -- did you ever know your
2 4 mother to work, have a job outside of the home?
2 5 A Yes.
Page 26

1 Q Where did she work?
2 A She worked at -- I think it was Woolworth's on
3 El Segundo and Avalon.
4 Q Do you remember when it was, roughly, that she
5 worked at Woolworth's on El Segundo and Avalon?
6 A Approximately in 1982 or -- about 1982.
7 Q Maybe for how long?
8 A Six months.
9 Q Any other jobs you've known your mother to have
10 outside the home?
11 A I believe my mother worked as a seamstress at
12 Downtown Los Angeles before.
13 Q Do you remember when she worked -- when it was
14 that she worked as a seamstress?
15 A Early '50s.
16 Q Any other jobs outside the home?
17 A Not that I could recall.
18 Q When is the last time that you saw your father
19 and your mother together in the same room or same
20 location?
21 A Let's see. June of 2008, I believe it was.
22 Q And --
23 A If I recall right, about 2008. That's when my
24 sister went in the hospital for an operation.
25 Q Your sister Doris?
Page 27

1 A Let's see. Let me get it right now, because
2 time -- a little time has went by. And he stayed with
3 my brother for around 30 days while my sister was
4 recuperating from major surgery; just a temporary thing.
5 Q So in June of 2008 --
6 A Yeah, I think -- I believe it was 2008 or 2009.
7 I can't really, you know, recall the dates like that.
8 Q I understand. But --
9 A It was within the 15 months that he stayed with
10 my sister.
11 Q All right. So either in June of 2008 or June
12 of 2009, as you can best recollect --
13 A It might have been 2009.
14 Q -- you saw --
1 5 A I can't really remember, you know, offhand.
16 Q I understand.
17 -- you saw your parents together for the last
18 time; is that correct?
19 A Now, when you say "together," how are you
20 implying that?
21 Q In the same room.
22 A Like eating dinner?
23 Q Just in the same room for now. That's my
2 4 question.
2 5 MR. LAK: It's okay. If you remember, just
Page 28

1 describe what you saw.
2 THE WITNESS: At the dinner table.
3 BY MS. BURRELL:
4 Q All right. So they were at a dinner table.
5 And where was this dinner table?
6 A At my brother Stevie's house, uh-huh.
7 Q Let me show you the next document. It's a
8 multi-page document entitled the "Thelsey S. Fuller
9 Revocable Trust." We'll mark it as Exhibit No. 2.
10 (Deposition Exhibit 2 was marked for
11 identification.)
12 BY MS. BURRELL:
13 Q I'll show you that and ask you whether you
1 4 recognize that document?
15 A This is the "5," right, the type error?
1 6 Q Yeah, at top of the document --
17 A Let's me see, because I can't really see that
18 great.
19 Q -- it says, "Thelsey S. Fuller Revocable
2 0 Trust." And my question is whether you recognize that
21 document? Take your time and look at it.
22 A Yes, I do remember this. Yes. Okay. Yes.
23 Q I'm going to ask you some questions --
24 A About this?
25 Q -- about that document. Yes.
Page 29

A Sure. Go ahead.
Q Take a look at the page number 18 of that
document. The page numbers are at the bottom.
And let me first ask you, would you recognize
your father's signature if you saw it?
Q Did he ask you to be there while he signed
it?
A Yes.
Q Did he ask your sister to be there while he
signed it?
6 A Yep.
7 Q Does that look like your father's signature?
8 A That's his signature.
9 Q It looks like there that he signed Thelsey L.
10 Fuller.
11 Do you agree?
12 A Certainly, I agree. That's what it says.
13 Q All right. So although the typed document is
14 entitled -- this document is entitled "Thelsey S.
15 Fuller" --
16 A Right.
17 Q -- your father's initial is actually Thelsey L.
18 Fuller; is that right?
19 A Right.
20 Q And it looks like he signed this, perhaps, on
21 July the 23rd of 2008. Do you see where it notes that
2 2 there?
23 A July the 23rd -- I see that. But I don't see
24 where it says 2008.
25 Q Yeah, the handwriting is kind of bad.
Page 30

1 But let me ask you this: Were you present when
2 this document was -- when your dad signed this document?
3 A Yes, I was.
4 Q Where were you?
5 A I was over at my sister's address.
6 Q Is that your sister's address at Compton?
7 A Right, on Bradfield.
8 Q Turn to the next page, page number 19.
9 A Right. Okay. I got it.
10 Q That's the notary acknowledgment.
11 A Okay.
12 Q And it says there July 23rd, 2008. It's a
13 little clearer.
14 A Yes. I can see that.
15 Q Right. Right.
16 Do you remember being present with your father
17 and a notary on that day?
18 A Yes.
19 Q At your sister's house?
20 A Yes.
21 Q And was your sister there, as well?
22 A Yes.
23 Q Did your father discuss this document with you
24 before he signed it?
25 A No.
Page 31

1Q Did he ask you to be there while he signed
2 it?
3A Yes.
4Q Did he ask your sister to be there while he
5signed it?
6 A Yes.
7 Q Take a look at page number 1.
8 MR. LAK: Are you asking the table of contents
9 page --
10 MS. BURRELL: Oh --
11 MR. LAK: -- or the page numbered 1?
12 MS. BURRELL: -- it's page numbered 1.
13 Q And if you look at page number -- that's
14 numbered 1, it says right at the top, "Article One." Do
15 you see that?
16 A Article One.
17 Q Yes. I'm just making sure we're on the same
18 page here.
19 About midway of the page there's Item No. 1.5.
20 It says, "Previous Marriage."
21 Do you see that?
22 A "Previous Marriage."
23 Q Do you see where I'm reading?
24 A Yeah. Uh-huh.
25 Q It says there, "The settlor was previously
Page 32

1 married to Edwina Fuller, but that marriage was
2 dissolved by a Judgment in 1968."
3 A Okay.
4 Q A couple of assumptions here for you to work
5 with before I ask my question; let's assume that
6 "settlor" in this case means your father, Thelsey
7 Fuller.
8 Do you know of any divorce proceeding --
9 personally of any divorce proceeding between your father
10 and Edwina Fuller?
11 A No.
12 Q Is the document that you brought to me today
13 the original of this trust?
14 A Yes.
15 Q Do you know whether your father used a lawyer
16 to prepare this document?
17 A The one you had before you?
18 Q The revocable trust.
19 A Yes.
20 Q Do you know who the lawyer was?
21 A Daniel Lak.
22 Q Let me show you the next document. It's a
23 four-page document. It's entitled "Amendment to
24 Thelsey S. Fuller Revocable Trust." We'll mark that as
25 Exhibit 3.
Page 33

1 (Deposition Exhibit 3 was marked for
2 identification.)
3 BY MS. BURRELL:
4 Q And let me take you first to page number 3 of
5 this document and ask you whether you recognize the
6 signature there as your father's?
7 A You're asking me now?
8 Q Yes.
9 A Oh, yes, that's his signature.
10 Q And it appears that he signed this document on
11 September 16th of 2008, again, at Compton.
12 Do you see that?
13 A See what now?
14 Q On the top of page 4, do you see the date
15 that--
16 A Oh, page 4?
17 Q I'm sorry. Page Number 3. Pardon me.
18 September 16th of 2008 is the date that appears there.
19 Do you see that?
20 A Yes.
21 Q Were you present when your father signed this
22 document?
23 A Yes.
24 Q Who else was present when he signed this
25 document?
Page 34

1 A My sister Doris; myself; and some witnesses;
2 and Daniel Lak; and his secretary.
3 Q Was there a notary there, as well?
4 A Yes.
5 Q Were the witnesses people that you knew?
6 A I knew of them.
7 Q Which one did you know?
8 A Randy.
9 Q And what is Randy's last name, if you know?
10 A I don't know.
11 Q And how did you know Randy?
12 A He's a border at my sister's home.
13 Q And this took place at your sister's home?
14 A Yes.
15 Q Did your father discuss this amendment with you
16 before he signed it?
17 A The details? He just knew it was a mistake,
18 and he signed it again for the second time. It was a
19 type error the first time when the "S" appeared.
20 Q Yes.
21 A Just a type error.
22 Q Did he discuss any --
23 A You mean when he found out it was a type error?
24 Q Let me just ask and you'll --
25 A Okay.
Page 35

1 Q Did he discuss with you any other reason for
2 signing this amendment document other than the
3 typographical error?
4 A Not that I know of, no.
5 Q When did you first -- well, have you read this
6 amendment document?
7 A Well, I couldn't recall it. So I've probably
8 read it and just left it like that.
9 Q Have you -- have you read it at all since your
10 father's death?
11 A Not really, no.
12 Q So as you sit here today, you don't know
13 what--
14 A I couldn't tell you what all is in the trust.
15 Q, Or in the amendment?
16 A No. I couldn't say really because I didn't
17 really read it -- either one of them. I didn't really
18 read either one of them.
19 Q Have you read either one of them to this
20 date?
21 A Not thoroughly, no.
22 Q Do you know what your father intended by -- to
23 do with his assets when he did the first trust --
24 A Define --
25 Q -- the first trust?
Page 36

1 A The first trust?
2 Q Before he amended it; the main trust.
3 MR. LAK: I'm going to object on the basis that
4 it calls for a legal opinion.
5 But you can go ahead and answer the question,
6 Robert.
7 THE WITNESS: What you're asking me, is there a
8 difference between the first trust and the second trust?
9 BY MS. BURRELL:
10 Q No. Let me ask my question better. I'm the
11 one with the problem.
12 A Okay. I don't know what you're talking
13 about.
14 Q Okay. Let me ask my question a little better.
15 As you sit here today, do you know who your
16 father intended to give his assets to when -- at the
17 time he created his -- the main trust? That would have
18 been in July of 2008.
19 A Did I know at that time?
20 Q No. Actually, I'm asking --
21 A The date?
22 Q Actually, I'm asking you whether you know right
23 now what his intentions were when he did the first
24 trust? Do you know who he intended to leave his assets
25 to when he first did the trust?
Page 37

1 A What, before he signed it?
2 Q Or at the time he signed it.
3 A I didn't really know what his intentions was
4 when he signed it.
5 Q Actually --
6 A Actually, I didn't really know what his
7 intentions was until the thing was actually did.
8 Q Until the amendment was done?
9 A Either one of them.
10 Q All right.
11 A Uh-huh.
12 Q What is your understanding of who is to inherit
13 from your father -- your father's assets?
14 A Me and my sister Doris.
15 Q All right.
16 A I don't know. That's the way he did it. I had
17 no influence on nothing so --
18 Q And your understanding conies from where?
19 A From what's in the trust.
20 Q This is the trust that you have not read?
21 A I have not read -- I have not went through the
22 trust
23 Q I understand.
24 A I know that my father left me and my sister
25 stuff.
Page 38

1 Q Your sister Doris?
2 A Right. But what his intentions was before he
3 did the trust, I don't know; only he knew that.
4 Q All right Did you ever have a power of
5 attorney --
6 A Yes.
7 Q --for your father?
8 How many powers of attorney did you have?
9 A I had a dual power of attorney.
10 Q All right And how many powers of attorney did
11 you have?
12 A I had the power of attorney over his medical
13 and I imagine the power of attorney over his business
14 and everything, too.
15 Q And did you get this power of attorney after he
16 signed certain documents?
17 A He had to sign some documents for me to get the
18 power of attorney.
19 Q All right
20 A That's -- any other documents, I don't have no
21 idea.
22 Q So let's start with the medical power of
23 attorney.
24 When did you first learn that your father had
25 granted you power of attorney over any of his medical
Page 39

1 issues?
2 A I --
3 MR. LAK: I object to the question. It assumes
4 facts not in evidence. We don't know if he had issues
5 or not. But if you rephrase the question, then I'll
6 allow him to answer that.
7 BY MS. BURRELL:
8 Q When did you first learn that your -- that --
9 well, I think you're thinking "issue" is different than
10 what I said.
11 When did you learn that your father had first
12 granted you power of attorney over any of his medical
13 matters?
14 A When did I first learn?
15 Q Yes.
16 A I think I was present when it happened.
17 Q When was that?
18 A I can't remember.
19 Q Do you remember the year?
20 A It had to be the same -- the same time that he
21 did the trust--
22 Q So that would be --
23 A -- I do believe. I'm not sure.
24 Q So you're thinking it was in 2008?
25 A Yeah, 2008.
Page 40

1 Q And you say you were present when that
2 happened?
3 A Yes.
4 Q Okay. Where were you?
5 A I was at my sister's home.
6 Q And what happened there with regard to this
7 power of attorney?
8 A He signed it -- signed.
9 Q Your father signed a medical power of
10 attorney?
11 A A medical power of attorney and I -- the dual
12 power of attorney, too. I can't really recall all of
13 that. But I know -- you know, I believe it was all did
14 in one day. I'm not sure.
15 Q All right. And did you supply me with a copy
16 of that?
17 A Yes.
18 Q Is that part of what you supplied?
19 A I think everything is in there.
20 Q All right. And you say there was a power of
21 attorney, perhaps, for his business affairs?
22 A Well, financial.
23 Q And when did you first learn that you had a
24 power of attorney for his financial --
25 A The same --
Page 41

1 Q -- affairs?
2 A -- day as the power — the dual power of
3 attorney.
4 Q And your father signed the business power of
5 attorney at the same time he signed the medical one?
6 A I do believe.
7 Q Do you know who prepared those documents?
8 A Daniel Lak.
9 Q And who else was present, if anyone, when they
10 were signed, other than your father and you?
11 A Randy; and some other witnesses; my sister
12 Doris.
13 Q Any other --
14 A And the -- the notary.
15 Q Any other powers of attorney?
16 A Not that I could think of.
17 Q Let me show you the next document. It's a
18 three-page document titled "Citibank" at the top.
19 A Okay.
20 MS. BURRELL: We'll mark that as Exhibit 4.
21 (Deposition Exhibit 4 was marked for
22 identification.)
23 BY MS. BURRELL:
24 Q And let me ask you if you recognize that?
25 Yes, I do.
Page 42

1 Q Now, on that document -- that document is
2 entitled "Consumer Power of Attorney and Notice."
3 A Okay.
4 Q Do you see that?
5 A Yes.
6 Q Down at the bottom is your name and a
7 signature?
8 A Right.
9 Q Is that your signature?
10 A Yes, it is.
11 Q And it looks like you signed this on May 22nd
12 of 2008?
13 A Right.
14 Q Is that correct?
15 A Right.
16 Q Tell me about this document. What was the
17 purpose of this?
18 A This one?
19 Q Well, let me ask you this: Why did you sign
2 0 this?
21 A Why?
22 Q Yes.
23 A Well, my father asked me to.
24 Q And where were you when you signed it?
25 A Citibank.
Page 43

1 Q And what did your father ask you to do?
2 A He gave me the power of attorney at the bank.
3 Q But you say he asked you to sign this?
4 A He asked me to take him to the bank and take
5 care of this business. I can't recall all the verbal
6 and all that that went along with it. But I took him
7 over to the bank, and he gave me the power of attorney
8 over this -- whatever this is.
9 Q And did anybody else go to the bank with you
10 that day?
11 A Sure. Doris.
12 Q Doris?
13 A And my father and me.
14 Q Doris, your sister?
15 A Uh-huh.
16 Q And who drove?
17 A I did or Doris did. I don't really recall.
18 Q And where was this bank? Do you remember where
19 it was?
20 A It was on Imperial and Crenshaw.
21 Q Is that where you knew your father to bank?
22 A Yes.
23 Q Had you ever taken him to that bank before?
2 4 A Several times.
25 Q For many years or a few years?
Page 44

1 A Yeah, for many years. Because -- I could say

2 that, yes; at least three years.

3 Q So on May 22nd of 2008, your father asked you

4 to take him to this bank on Imperial and Crenshaw?

5 A Right.

6 Q And when you got there, who did you see? Do

7 you recall?

8 A I believe it was Linda Walton.

9 Q And who was Linda Walton?

10 A She worked at the bank. If it wasn't Linda

11 Walton, it was Miss Alexander. It was one or the other.

12 I can't really remember.

13 Q Did you know Linda Walton before that day?

14 A I knew her from taking my father to the bank.

15 Q So the answer is "yes"?

16 A Yes, I knew her.

17 Q Prior to that day?

18 A From taking him to the bank prior to this,

19 uh-huh.

20 Q And do you know what Miss -- what Linda

21 Walton's title was or position at the bank?

22 A She wasn't a bank teller.

23 Q She was not?

24 A Huh-uh. She was whoever -- I don't know how

25 they go in the bank.

Page 45

1 Q I understand. But she --

2 A She didn't work at the window.

3 Q I understand. But she --

4 A She worked at the desk.

5 Q I understand. And what about Miss Alexander?

6 A The same thing.

7 Q And you knew her before that date?

8 A Just from taking my father to the bank.

9 Q I understand.

10 A Uh-huh.

11 Q All right. So you and your sister and your

12 father arrive at the bank in May of 2008?

13 A Yes.

14 Q And who explains to the bank what it is you

15 want to do?

16 MR. LAK: Objection to the question. It

17 assumes facts not in evidence. It's not clear that

18 Robert wanted to do anything.

19 MS. BURRELL: I have not seen -- my question is

20 who talks to the bank about doing this document. I'm

21 not assuming --

22 THE WITNESS: Well, who talked -- your question

23 is, who was doing the talking in the bank?

24 BY MS. BURRELL:

25 Q Yes.

Page 46

1 A My father.

2 Q And your father was talking to either Linda

3 Walton or Miss Alexander?

4 A Right. They was very familiar with each other.

5 Uh-huh.

6 Q I understand. And do you recall what your

7 father explained to the teller that he wanted to do?

8 MR. LAK: Objection. I believe either Linda

9 Walton or Miss Alexander is not a teller, based on the

10 witness's testimony.

11 MS. BURRELL: But I don't understand your

12 objection.

13 MR. LAK: It assumes facts not in evidence.

14 The witness has testified that Linda Walton and Miss

15 Alexander, either one of those helped Thelsey Fuller,

16 his dad, with this transaction. And he has also

17 testified that they were not tellers; they sat on the

18 platform. And you just called them tellers. So I'm

19 clarifying.

20 MS. BURRELL: Oh, that's my mistake then.

21 Q Who did -- well, let me -- okay. When Thelsey

22 arrived -- the three of you arrived at the bank, your

23 father talked to either Linda Walton or Miss Alexander,

24 as best you can recall?

25 A Yes.

Page 47

1 Q What did he tell either Linda Walton or Miss

2 Alexander that he wanted to do, if you recall?

3 A I can't really remember. But he gave me power

4 of attorney at the bank.

5 Q You don't remember --

6 A You know, I can't remember the conversation.

7 Q How long were you at the bank that day? Do you

8 recall?

9 A We was at the bank for a while; while they did

10 the paperwork.

11 Q How long was "a while"?

12 A About an hour or so.

13 Q So was your father talking to either Linda

14 Walton or Miss Alexander for that hour?

15 A Sure. They were very familiar with each other.

16 Q And you and your sister were there?

17 A Yes.

18 Q Do you recall anything about what they talked

19 about?

20 A Just a bunch of -- you know, they talked about

21 a lot of friendly things.

22 Q So these -- they were friends?

23 A They always was -- my father was very like

24 that, you know, just friendly and flirting and stuff

25 like that with them.

Page 48

1 Q So when you all left the bank on that day, your

2 father had signed this document?
3 A Yes.
4 Q So after this document was signed, did you do
5 any transactions for your father --
6 A No.
7 Q -- at Citibank?
8 A No. He did his own transactions.
9 Q So you continued to take him to the bank to do
10 his transactions?
11 A Sure. Yes.
12 Q Were you ever listed as an account holder on
13 any of his accounts?
14 A No. What do you mean? Like I was on his
15 account?
16 Q Yes.
17 A No.
18 Q Did you ever withdraw any money from Citibank?
19 A What do you mean by that?
20 Q Well, you had a power of attorney --
21 A Right.
22 Q -- on your father's Citibank account?
23 A Right.
24 Q Did you ever withdraw any money from the
25 Citibank account using your power of attorney?
Page 49

1 A No.

2 Q Did you --

3 A Well, let me clarify that. What you're asking

4 me, did I ever go down there to the bank, personally

5 withdraw some money out of his account?

6 Q Using the power of attorney.

7 A No. No. I never did nothing like that.

8 Q Do you know if your sister ever withdrew money

9 from Citibank using a power of attorney?

10 A Not to my knowledge, she has not.

11 Q Have you ever seen any statements from your

12 father's account?

13 A No.

14 Q Let me show you the next exhibit. It's a

15 two-page document. It will be Exhibit No. 5.

16 (Deposition Exhibit 5 was marked for

17 identification.)

18 BY MS. BURRELL:

19 Q I'll have you take a look at those. It's

20 images of two checks from Citibank.

21 A Two checks. Let's see here.

22 Q Each check is dated July 1st of 2009.

23 Let me call your attention to the top check.

24 It says, "Pay to the order of Robert Lewis Fuller."

25 It's got a date on it of July 1st, 2009. And it appears

Page 50

1 to be from Citibank. And then it shows the remitter as
2 Thelsey L. Fuller.
3 Did the time come when your father issued a
4 check to you $117,576 --
5 A Yes.
6 Q -- 14 cents?
7 And that was on July 1st of 2009?
8 A Yes.
9 Q All right. Tell me why your father gave you
10 this amount of money on this date. Why did that
11 happen?
12 A Why did he do that?
13 Q Yes.
14 A That's what he wanted to do.
15 Q And why did he do that, though? I assume he
16 wanted to do it. But why --
17 A Yeah, he did.
18 Q Why did he do that?
19 A Why did he do that?
20 Q Yes.
21 A Well, I can't get inside his head to tell you
22 why he did it. He did it.
23 Q Did you --
24 A I didn't ask him.
25 Q Did you know that he was going to give you this
Page 51

1 money?

2 A Not offhand, I didn't know. Did I have any

3 knowledge prior to this? No.

4 Q Yes.
5 A Huh-uh.
6 Q Did he ever tell you before he did this that he
7 was going to give you some money?
8 A Yes.
9 Q When was that?
10 A I don't recall. And he didn't say how much or
11 nothing.
12 Q Was it a year --
13 A He just --
14 Q Let me just get my question out.
15 Was it a year before this date in 2009 that he
16 told you he was going to give you some money?
17 A Yes.
18 Q And where was he and where were you when he
19 told you this?
20 A He told me this several times when he was
21 living at his own house on 12th Avenue.
22 Q And when was that?
23 A Over a period of years.
24 Q Over a period of five years? 10 years?
25 A Less than that. He just said he was going to
Page 52

1 give me something. I didn't have no idea what he was
2 talking about.
3 Q When did you receive this money? Do you
4 remember?
5 A On the date of the check.
6 Q And how did you receive it?
7 A In the bank.
8 Q You were at the bank physically?
9 A Yes.
10 Q All right. Tell me how that happened.
11 A We went to the bank. He wrote out a check. I
12 signed it somewhere on here, on the back or something --
13 I had to fill it out for him. He asked me to fill
14 out a -- a withdrawal slip, I think it was; I filled
15 that out.
16 Q And --
17 A And he signed it.
18 Q And that was on July 1 of 2009?
19 A I think so. I believe it was -- it was the
20 same day, whatever this date is on here. Yeah, I see it
21 up there, 7-1-09. Okay.
22 Q So was your father -- so your father was at
23 bank with you?
24 A Sure.
25 Q And was Doris there on that day, too?
Page 53

1 A Sure. Yes.
2 Q And did Doris receive a similar amount of
3 money?
4 A Yes.
5 Q Did you have an account at Citibank?
6 A At that time?
7 Q Yes.
8 A No.
9 Q Where was your father living on July 1st of
10 2009?
11 A At my sister's house.
12 Q At your sister Doris's house?
13 A On Bradfield.
14 Q Did anybody else -- oh, well, strike that.
15 Do you recall if you saw a teller on -- I'm
16 sorry -- if you saw Linda Walton or Miss Alexander on
17 July 1st of 2009?
18 A Miss Alexander.
19 Q And is Miss Alexander the person to whom your
20 father gave the withdrawal slip? Is that who --
21 A I — let's see. Either that or a teller. It
22 might have been the teller. It might have been her. I
23 don't really recall.
24 Q Now, some of this legal action had begun by
25 that date; is that correct?
Page 54

1 A What legal action are you speaking of?
2 Q The legal action that we're in now.
3 A With the conservatorship?
4 Q Yes.
5 A Yes. It's been going on for quite some years.
6 Q Had you been to court at any time before this
7 date July 1 of 2009 in the conservatorship matter?
8 A Yes. Yes. I believe I've been going to court
9 on the conservatorship since around 1990.
10 Q So your testimony today is that this was a gift
11 from your father, given to you on July 1st of 2009?
12 MR. LAK: I'm going to object to the use of the
13 term "gift." It calls for a legal opinion. And it also
14 calls for a professional opinion on the tax code.
15 BY MS. BURRELL:
16 Q Without regard to whether this has a tax
17 implication, and without regard to whether it has an
18 inheritance implication, with the plain meaning of the
19 word "gift," do you consider this to be a gift from your
20 father?
21 A Actually, I don't know how I should answer
22 that. He just gave it.
23 Q Did you earn it?

24 A No, I don't think I earned it.

25 Q It wasn't wages for anything, was it?

Page 55

1 A It wasn't no wages.
2 Q Now, I'm going to go back for a moment to
3 issues of the trust. And I'm going to ask you to take a
4 look again at what we marked as Exhibit No. 2. That's
5 the trust. And you're going to need to look at that so
6 I can ask you some questions.
7 Are you the trustee of this trust at this
8 point, Mr. Fuller?
9 A The trustee?
10 Q Yes.
11 MR. LAK: Objection. It calls for a legal
12 opinion. I can help you out with the question, if I
13 may.
14 Mr. Fuller, to the best of your knowledge, are
15 you the one with the power over your dad's trust now?
16 THE WITNESS: Yes, I believe so. Yes.
17 BY MS. BURRELL:
18 Q And did you become the person with power over
19 your dad's trust after he died?
20 A Yes, I believe so.
21 Q So what's the first thing you did after your
22 dad died under your power as trustee or power under your
23 dad's trust, if anything?
24 A The first thing I did was made sure he was
25 buried right.
Page 56

1 Q And what's the next thing you did?

2 A The same thing I'm doing now.

3 Q And what is that?

4 A Well, basically, just minding my own business.

5 Q Have you --

6 A Nothing has changed.

7 Q Have you transferred any assets from --

8 A Not that I know of.

9 Q -- from your dad's trust to anyone?

10 A Huh-uh. No.

11 Q Do you know what the trust assets were?

12 A No. The house -- two houses and -- I mean, a

13 house and a half; half the Bellhaven house and the house

14 on Brad- -- I mean, on 12th Avenue. It's still there.

15 Nothing has changed.

16 Q Take a look again at page number 20 on that

17 exhibit.

18 A Number 20. This is real estate located at

19

20 Q Yes. It says, "Schedule of Trust Assets." Do

21 you see that?

22 A Yeah.

23 Q All right. The first thing it says is "Real

24 estate located at 1619 [SIC] South Bradfield Avenue" in

25 Compton.

Page 57

1 A Right.
2 Q Yes. Is that property still property of the
3 trust?
4 A I don't believe it was actually ever in the
5 trust.
6 Q And why don't you believe it was in the trust?
7 A Because it didn't belong to my father; it
8 belonged to my sister Doris.
9 Q So as you sit here today --
10 A As I sit here right today, I'll tell you it's
11 my sister's house, and its always been her house.
12 Q Let me get my question out.
13 So as you sit here today, you don't know
14 whether this property is or isn't part of this trust?
15 A I could sit here today and tell you that's not
16 part of nobody's trust.
17 Q So you don't know why it's listed here as a
18 schedule of assets; is that correct?
19 A Yes, I know why. It was another error, type --
20 you know, type error or made a mistake; it was supposed
21 to have been the address on 12th Avenue; where we were
22 looking at the documents, looked at the wrong address,23 and put it down as that. And it was just a mistake. It
24 wasn't nothing where you go take a deed and go do
25 something with it.Page 58

1 Q And when did you learn about this mistake?
2 A Well, my sister Doris told me about some kind
3 of mistake like that. And that must have been in 2009,
4 somewhere around there. It was just some kind of
5 mistake or error.
6 Q And do you know whether the error ever got
7 corrected?
8 A I should hope so.
9 Q But do you know whether it ever got
10 corrected?
11 A I believe it have been corrected --
12 Q And --
13 A -- in my mind, yes.
14 Q But do you know whether any -- aside from what
15 you think in your mind, do you know whether it ever got
16 corrected?
17 A I don't have any papers to show it. No, I do
18 not.
19 Q What about Item No. 2, the personal property at
20 16219 South Bradfield Avenue. Have you --
2 1 A The what now?
22 Q Take a look at Item No. 2.
23 A The personal property. Okay. Personal
24 property.
25 Q Located at 16219 South Bradfield Avenue in
Page 59

1 Compton.
2 Here's my question: Have you taken possession
3 of any personal property that belonged to the trust?
4 A Personal property? Such as?
5 Q That's my question.
6 A Oh, no.
7 Q So as you sit here today, you don't know of any
8 personal property of your father's that was at
9 Bradfield?
10 A That I took possession of?
11 Q I'm asking you, do you know of any?
12 A No, I do not.
13 Q And so have you -- you've not taken possession
14 of any personal property at Bradfield?
15 A No.
16 Q Number 3, the senior's interest in the real
17 property located at 8625 South 12th Street in Inglewood.
18 Is that property, or part of it at least, still
19 part of this trust?
20 A Let me understand your question.
21 Q Is the property at 8625 South 12th Street in
22 Inglewood part of this trust still?
23 A Yes.
24 Q Have you taken any steps to transfer it out of
25 the trust to anyone?
Page 60

1 A No.
2 Q Who lives there right now?
3 A Nobody.
4 Q Have you ever collected any rents on it?
5 A No.
6 Q And why not?
7 A What do you mean? Nobody ever lived in that
8 house but my father and Odessa.
9 Q And it's part of this trust?
10 A Sure.
11 Q And No. 4, the Citibank account. Do you know
12 what account that refers to?
13 A Repeat that again.
14 Q Take a look at on page 20.
15 A Yes, it's No. 4.
16 Q Item No. 4.
17 A Uh-huh.
18 Q It lists here that something called the
19 Citibank account is part of this trust.
20 Do you see that?
21 A I don't know. Like I say, I didn't read it. I
22 don't know.
23 Q Take a look at page number 20.
2 4 A I'm looking at page number 20.
2 5 Q And take a look at Item No. 4.
Page 61

1 A I'm looking at it. It say Citibank
2 something.
3 Q It says, "Citibank account."
4 A Okay.
5 Q Do you know whether your father had a Citibank
6 account that was part of this trust?
7 A I -- if it's in the trust, yes. I don't know
8 if it's in the trust. Like I say, I haven't looked. I
9 don't know.
10 Q Have you investigated since your father's
11 death --
12 A No.
13 Q --whether he had a Citibank account that was
14 part of this trust?
15 A I really can't answer that because I don't know
16 what's in the trust to answer that. I don't know if
17 that's in the trust or not in the trust.
18 Q My question is whether you've investigated to
19 determine --
20 A Oh, no. I haven't investigated that, no.
21 Q Have you investigated to determine whether your
22 father had any other property that was part of this
23 trust?
24 A No.
25 Q Have you done an inventory of the trust
Page 62

1 assets?
2 A No.
3 MR. LAK: Objection. It calls for a legal
4 opinion.
5 BY MS. BURRELL:
6 Q No. Have you made a list somewhere in your
7 mind or on a piece of paper about what this trust
8 owns?
9 A No.
10 Q Have you kept any records of your activities
11 since your father died and you've been in charge of this
12 trust?
13 A No.
14 Q Have you filed any state or federal tax returns
15 on behalf of the trust?
16 A No.
17 Q Have you retained a tax preparer or a CPA?
18 A No, not that I know. Oh, we pay the taxes on
19 the house. Is that what you're asking me?
20 Q No. My --
21 A Oh.
22 Q --question was whether you've retained the
23 services of a tax preparer --
24 A No.
25 Q --or a CPA?
Page 63

1 A Nothing. Just nothing.
2 Q Have you consulted with one?
3 A No.
4 Q Have you transferred any properties from the
5 trust to anyone?
6 A No.
7 Q Have you done an accounting?
8 A No.
9 MR. LAK: Objection. It calls for a legal
10 opinion, the term "accounting." It's defined in the
11 probate code. We all know it's very specific.
12 BY MS. BURRELL:
13 Q Have you done a ledger of any type and provided
14 it to any beneficiaries about the status of the
15 estate?
16 A No.
17 MS. BURRELL: I have about foul' more. Why
18 don't we take a 10-minute break, and then we'll come
19 back, and I'll finish up with this. I'll take a look at
20 this and maybe we can -- I can keep us on schedule for
21 stopping here at about 1:00.
22 Off the record.
23 (Discussion off the record.)
24 MR. LAK: Can we go back on the record for just
25 one moment? We're back on the record.
Page 64

1 Let the record show that the witness has
2 provided, pursuant to the document request, Items No. 1,
3 2, 3 and 4 contained in Exhibit A. The originals are
4 being delivered to
5 MS. BURRELL: -- Sybil Burrell.
6 MR. LAK: -- Sybil Burrell, attorney for Steven
7 Fuller; and that they are now in her possession and
8 under her control. It is not the witness's intent that
9 we leave the documents here. But we will just
10 throughout the break trust them to Sybil's custody.
11 MS. BURRELL: That's fine.
12 MR. LAK: Thank you. Off the record.
13 (Brief recess taken.)
14 MS. BURRELL: Back on the record in the matter
15 of the conservatorship of Edwina Fuller. And all
16 parties and counsel are present, induding the deponent,
17 Robert Fuller.
18 First, with regard to Exhibit No. 1, which is
19 the Notice of Deposition and Demand to Produce Documents
20 Thereat, I've been provided in response to the demand
21 that was sent the original of what appears to be the
22 estate planning documents or some estate planning
23 documents for Thelsey L Fuller. It has eight sections
24 to it; the first being Instructions; the second being a
25 Revocable Trust; the third being a Declaration of Trust,
Page 65

1 the fourth section being a Certification of Trust; the
2 fifth being the Last Will of Thelsey L. Fuller; the
3 sixth being a Durable Power of Attorney for Property
4 Management for Thelsey L. Fuller; the seventh being an
5 Advanced Healthcare Directive; and Section 8 being
6 empty.
7 I've received no other documents in response to
8 the demand to produce.
9 Q And so my first question to you, Mr. Fuller,
10 which will require you to have this Notice of Deposition
11 and Demand to Produce in front of you, is -- my first
12 request is that you turn to page number 2 of that
13 document.
14 Do you have one there before you?
15 MR. LAK: Before you ask the question, I'm
16 going to respond on the record to some of the items
17 on -- or the Request for Production of Documents.
18 Item--
19 MS. BURRELL: Well, I'm going to go down them,
20 and I'm going to ask your client to respond.
21 MR. LAK: I'm going to make some legal
22 objections to them. And so --
23 MS. BURRELL: Well, you might do that when I
24 ask the question. I'll get to it. I'll ask the
25 question. You'll object if you --
Page 66

1 MR. LAK: Let me -- I'll just make a
2 two-sentence comment and we can get on with it.
3 Items No. 1, 2, 3 and 4 have been provided this
4 afternoon pursuant to the Request for Production of
5 Documents. Items 5 through 18, in general, are
6 requesting bank statements, grant deeds, and medical
7 records.
8 I'll let counsel specifically draw the
9 witness's attention to them. But those bank statements,
10 grant deeds, and medical records are not in the
11 witness's possession, and therefore, could not be
12 brought today. So we can proceed.
13 BY MS. BURRELL:
14 Q All right Mr. Fuller, taking a look at page
15 number 2 of Exhibit 1 which is the Notice of Deposition
16 and Demand to Produce, and drawing your attention to
17 Item No. 5, which asks for "The original of
18 financial" -- "(or copy if no original is available) of
19 all financial statements for financial accounts held by
20 Thelsey S. Fuller or Thelsey L. Fuller at any time on or
21 after January 1, 2007."
22 Is it your testimony that you don't have these
23 documents to produce or --
24 A I never did have them at all, period.
25 Q So you've produced none today; is that
Page 67

1 correct?

2 A None today.
3 Q And you have none to produce?
4 A Had none at all --
5 Q Is that correct?
6 A -- never to produce.
7 Q And that's because you've never had any?
8 A Never had none.
9 Q Calling your attention to the third page of
10 Exhibit 1, Item No. 7, that asks you for financial
11 statements, originals, or copies if none are available,
12 of financial statements for the benefit of the
13 Thelsey S. Fuller Revocable Trust.
14 A The "S" -- wait. Let me look on here. It said
15 "S"?
16 Q Why don't I take a moment and let you read --
17 A Yeah. I see it. I see it.
18 Q Why don't I take a moment and let you read Item
19 No. 7, and then I'll ask my question.
20 My question is whether you have any financial
21 statements for financial accounts for the benefit of the
22 Thelsey S. Fuller Revocable Trust at any time after --
23 on or after July 23rd, 2008?
24 A I never had any financial, any kind of
25 statements before or after the dates mentioned,
Page 68

1 nothing.
2 Q For the trust?
3 A Right. Absolutely none.
4 Q I understand.
5 Calling your attention to Item No. 10 on page
6 3, this item asks for documents in your possession or
7 under your control which establish expenses that have
8 been paid by or on behalf of the Thelsey S. Fuller or
9 Thelsey L -- on behalf of Thelsey S. Fuller or
10 Thelsey L Fuller on or after January 1, 2007.
11 Do you have any --
12 A No.
13 Q -- receipts -- let me finish my question. Do
14 you have any receipts for any expenses paid on behalf of
15 Thelsey S. Fuller after January 1 of 2007?
16 A No.
17 Q Have you paid any expenses on behalf of
18 Thelsey S. Fuller after January 1 of 2007?
19 A What type of expenses?
20 Q Any.
21 A Well, I wouldn't have a receipt if I did.
22 Q But have you paid them, is my question?
23 A I -- I paid a dental bill for him.
24 Q All right. And anything in addition to the
25 dental bill that you paid for him?
Page 69

1 A Just a dental bill.
2 Q And when did you pay that dental bill?
3 A I can't really remember. I took him to the
4 dentist. And I paid about 400-and-something dollars for
5 a dental bill.
6 MR. LAK: I'm going to -- I'm sorry. I'm going
7 to object and ask that the witness's statement be
8 stricken as nonresponsive or clarify his -- allow him to
9 clarify his answer. You're asking if he's paid any
10 expenses on behalf of the trust --
11 MS. BURRELL: No.
12 MR. LAK: That's--
13 MS. BURRELL: Its on behalf of Thelsey S.
14 Fuller or Thelsey L. Fuller.
15 THE WITNESS: Oh. Oh, okay, then. Thelsey S.
16 Fuller, no. Thelsey L Fuller --
17 BY MS. BURRELL:
18 Q Yes.
19 A -- I paid a dental bill.
20 Q All right. And would the dental bill be the
21 only bill you've paid for him on or after January 1 of
22 2007?
23 A It had to be after 2007. I paid a dental bill
24 when he was living over there with my sister.
25 Q All right. Item No. 11 asks for documents that
Page 70

1 you may have received which show income that you may

2 have received on behalf of Thelsey S. Fuller or

3 Thelsey L Fuller since January 1 of 2007.

4 You didn't bring any such documents with you

5 today.

6 A I don't have any, no.

7 Q And did you receive any income?

8 A No.

9 Q On behalf -- have you -- I know you want to

10 anticipate my answer but it makes it difficult for

11 her?

12 A All right.

13 Q All right have you received any income or did

14 you receive any income on behalf of Thelsey L Fuller

15 after January 1 of 2007?

16 A No.

17 Q Have you received any income on behalf of the

18 trust, any rents, reimbursements, checks of any type on

19 behalf of the trust since July 23rd of 2008?

20 A No.

21 Q Do you have any of Thelsey Fuller's medical

22 records in your possession?

23 A No.

24 Q Have you ever?

25 A I turned them over to Daniel.

Page 71

1 Q So the answer is "yes"?
2 A Yes.
3 Q And when did you turn those over to Mr. Lak?
4 A I don't really recall. It was sometime last
5 year.
6 Q And how did you obtain those medical records?
7 A From Kaiser.
8 Q And how did you obtain those records?
9 A Requested them.
10 Q Is that using your power of attorney?
11 A I think the medical, yes. I believe so, yes.
12 I think I had to show them the trust in order to obtain
13 the records.
14 Q And what prompted you to request medical
15 records?
16 A I believe it was necessary for the litigation.
17 Q Did your father have any medical bills or does
18 your father have any unpaid medical bills?
19 A No. Everything was taken care.
20 Q All right. Let me take us to what is going to
21 be Exhibit No. 6. It's the Amended Petition to
22 Determine Title Pursuant to Probate Code Section 850.
23 It has about seven pages.
24 (Deposition Exhibit 6 was marked for
25 identification.)
Page 72

1 BY MS. BURRELL:

2 Q I'll show you that. And I'll ask you if you

3 recognize that?

4 A Before I answer this, I want to ask you

5 something.

6 Q No.

7 A I can't ask you nothing?

8 Q No, you can't. It's my deposition.

9 A Well, I understand that.

10 MR. LAK: You can ask her a question if it

11 helps you understand the document, sure.

12 THE WITNESS: Yeah. The reason I want to ask

13 you this is because I never did hardly ever receive

14 anything from anybody about this litigation through the

15 mail. I haven't.

16 BY MS. BURRELL:

17 Q I don't know if that's a question. But I'll go

18 back to --

19 A Well --

20 Q I'll go back to -- maybe that's a comment.

21 A Yeah.

22 Q But I'll go back to my question, which is

23 whether you've ever seen this document?

24 A Let's see when this was sent. This is April

25 the 25th of 2011.

Page 73

1 Q No -- well, my question is whether you've seen
2 this document?
3 A I don't think so. Let me see. I don't recall
4 this. Ma'am, my name is not on the mailing list. No, I
5 don't. I don't have no idea.
6 Q Take a look at page number 1 of this document.
7 A Okay. I'm looking at page number 1.
8 Q This document purports to add you Robert L
9 Fuller --
10 A Right.
11 Q --as trustee of the Thelsey L Fuller trust --
12 A Right.
13 Q --to this litigation.
14 Do you see that?
15 A Right. Right.
16 Q It also purports to add your sister Doris to
17 this litigation.
18 Do you see that?
19 A I see where I see my sister's name -- under
20 my name, I see my sister's name.
2 1 Q Do you understand yourself to be part of this
22 litigation as trustee of Thelsey Fuller's trust?
23 A I believe so.
24 Q Do you believe that Doris is also part of this
25 litigation?
Page 74

A Yes.

2 Q Take a look at page number 3. This document

3 makes many assertions. I'm not really going to go

4 through those with you. But I just want to ask you a

5 couple of questions from some paragraphs here.

6 MR. LAK: And before you answer, give me a

7 chance to object because I may have some objections.

8 THE WITNESS: Sure.

9 BY MS. BURRELL:

10 Q Do you know whether your father had a Smith

11 Barney account -- an account with the Smith Barney

12 firm?

13 MR. LAK: Go ahead and answer.

14 THE WITNESS: I really don't know.

15 BY MS. BURRELL:

16 Q If he had one, would you have known about it,

17 do you think?

18 A A lot of stuff about my father, that was his

19 own personal -- personal.

20 Q That's just a yes -or-no question.

21 A A yes-or-no answer, did I know about all this

22 personal business? No, I did not.

23 Q No. No. Here's my question, if your father

24 had an account with Smith Barney, do you think you would

25 have known about it?

Page 75

1 A If I did know about it, I didn't pay too much
2 attention to it, really.
3 MR. LAK: I believe I'm going to object to that
4 previous question on the grounds it was asked and
5 answered. You asked if -- the witness if he knew his
6 dad had a Smith Barney account. And he said no. So
7 therefore he --
8 MS. BURRELL: But my second question was a
9 different one, which is whether he thinks, if his father
10 did, that he would have known about it. That's a
11 different question from whether he knows whether he did
12 or not.
13 Q So I understand. The answer --
14 A Yeah.
15 Q --is that you did not know--
16 A I wouldn't--
17 Q --he had one?
18 A I really wasn't aware of his situation.
19 Q What about an account with a company called
20 MG? Do you know whether your father had an account
21 with a company called MG?
22 A I'd have to personally have looked at those
23 documents--
24 Q It's a yes-or-no question.
25 A The answer is no.
Page 76

1 Q That's fine.

2 And, again, I'll ask the question -- it's

3 slightly different -- which is, if your father had an

4 account with MG, do you think you would have known

5 about it?

6 A No. I answer again "no." No.

7 Q Do you know where your father deposited his --

8 any retirement income that he may have received?

9 A No.

10 MR. LAK: Objection. It assumes facts not in

11 evidence. We don't know if he received income from

12 retirement.

13 MS. BURRELL: And that is why I phrased my

14 question any retirement he may have received.

15 Q And your answer is?

16 A Did I see his retirement money? His check?

17 His what?

18 Q No. That's not my question.

19 Do you know where -- what account or what bank

20 your father may have deposited any retirement income

21 that he may have received?

22 A Citibank. It had to be. You know, that's the

23 only bank I took him to is Citibank. So the answer

24 would be, I guess. Yes. Would it? I don't know.

25 MR. LAK: Objection. She's asking you, do you

Page 77

1 know? And this is not -- this is the difference between

2 knowing and estimating. So do you know --

3 MS. BURRELL: I'm going to stop you, Mr. Lak.

4 I'd rather rephrase my question than have you

5 characterize it.

6 Q So I'll try once more.

7 Do you know what bank your father may have

8 deposited any retirement income that he may have

9 received? It's just, yes, you do; or no, you don't.

10 A No, I don't know.

11 Q Do you know what -- have you ever heard that

12 your father had a checking account with MG?

13 A No.

14 Q Do you know how much your father had on deposit

15 with Citibank on July 1st, 2009? That's the day that he

16 paid you $117,000.

17 A The actual amount, I do not know.

18 Q Do you know whether your father received

19 retirement income? .

20 A From the post office?

21 Q From anywhere.

22 A Oh, just from the post office, yes.

23 Q And do you know whether he received that

24 monthly or weekly or quarterly? How did he receive

25 that, if you know?

Page 78

1 Monthly.

2 Q Do you know how much it was per month?

3 A No.

4 Q Do you know whether it came in the form of a

5 check to him or --

6 MR. LAK: Objection. I believe the question

7 has been asked and answered. You asked him if he got a

8 check. He said no.

9 MS. BURRELL: No, I asked him if it came in the

10 form of a check, if he knows. I've only asked that --

11 that's the first time I've asked that.

12 THE WITNESS: I don't really know then. And

13 I'll tell you something else --

14 BY MS. BURRELL:

15 Q No. I'll ask you a question --

16 A You ask me again about the money that he was

17 receiving and then I'll --

18 Q Well, let me just explain how it works. As

19 soon as I'm done, your lawyer is going to have a chance

20 to ask you some questions. And you can clarify.

21 A Okay.

22 Q Do you know if he received any other retirement

23 income besides the U.S. Postal Service?

24 A No.

25 Q Did he receive social security? Do you know?

Page 79

1 A I don't -- I think he did, yes.

2 Q Do you know how much that was?

3 A No.

4 Q And do you know what account that went into?

5 A No, I don't.

6 Q If it --

7 MR. LAK: Exactly. If he had received social

8 security income. That's not a question, just a comment.

9 BY MS. BURRELL:

10 Q All right. I'm just about done here.

11 Did you ever know your father to withdraw cash

12 from the Citibank account that he had? Any time when

13 you took him, did you know him to withdraw cash?

14 A He might have withdraw some cash before.

15 Q On any of the times that you took him, did you

16 ever know him to withdraw in excess of $10,000 from his

17 Citibank account?

18 A No, not that I know of. Huh-uh.

19 Q Did he ever talk to you about withdrawing in

20 excess of $10,000 cash from his accounts?

21 A No.

22 Q I'm going to show you one last document. It

23 will be our Exhibit No. 7 -- well, there will be two

24 more. Exhibit No. 7 is a one-page Joint Tenancy Grant

25 Deed. It bears a date of August 21st, 1968.

Page 80

1 (Deposition Exhibit 7 was marked for

2 identification.)

3 BY MS. BURRELL:

4 Q And in the corner, it has a return address to a

5 Miss Odessa Gaines and a Mr. Thelsey Fuller at 8625 12th

6 Avenue in Inglewood, California.

7 Do you see that? Do you see that, Mr. Fuller,

8 that information -- the return address in the corner

9 there?

10 A No, I don't. Oh, it's a -- yeah, Odessa

11 Gaines. I see that. Yes.

12 Q I'm going to -- I'm going to jar your memory a

13 little bit. Taking you back to 1968 --

14 A Okay.

15 Q -- what do you know, if anything, about your

16 father and Odessa Gaines acquiring the property at 8625

17 12th Avenue? Do you know anything about that event?

18 A I see on here where the name is Gaines. I

19 thought it was Coleman. So it's my mistake, because I

20 didn't really know.

21 Q Well, my question now is less about this

22 document at this moment and more about your father and

23 Odessa Gaines acquiring this property.

24 A It's a Joint Tenancy Grant Deed.

25 Q Yes.

Page 81

1 A Uh-huh. 1 Q And it looks from this document that they may

2 Q What do you know about the circumstances of
3 your father and Odessa acquiring this property? Do you
4 know the story of how they acquired that property --
5 A How do you mean --
6 Q --or why?
7 A -- that?
8 Q Do you know--
9 A With them purchasing the house together?
10 Q Yes.
11 A Him and her buying a home?
12 Q Yes.
13 A They bought a home.
14 Q What do you know about that transaction? Do
15 you know how they found the house, how they chose it?
16 A I believe it was through her -- through her.
17 Q So you think she went to look for the house?
18 A Somebody she knew or something, yes. I believe
19 so. Yes, somebody she knew, uh-huh.
20 Q Do you know how much they paid for the house in
21 those days -- this house?
22 A No. I don't know how much that house cost. I
23 don't know what the real estate market was -- you know,
24 I don't know nothing about that.
25 Q So you've never seen any paperwork about this
Page 82

1 purchase anywhere in Mr. -- in your dad's paperwork or
2 anything?
3 A Just this.
4 Q I understand. All right.
5 Do you know how your dad and Odessa Gaines
6 met?
7 A How they met?
8 Q Do you know?
9 A Well, one of my friends used to go with her
10 niece. And I went -- we used to play cards and stuff
11 over. When I went over there one day, my dad came over
12 there. And that's how I found out he knew Odessa.
13 Q And that was maybe when? Any recollection when
14 that might have been?
15 A That might have been 19- -- way back, '68
16 something like that, or '67; way back in the '60s or
17 something. I don't really remember the years, but --
18 Q So somewhere around the time that they
19 purchased this house? Do you think?
20 A Did he know her before they purchased the
21 house?
22 Q No. You were saying that you first learned
23 about her in the '60s.
24 A Yes. Yeah, in the '60s. Yeah. That's
25 right.
Page 83

1 Q And it looks from this document that they may

2 have purchased this property in August of 1968.

3 A Uh-huh. Yeah.

4 Q So is that around the same time that you knew

5 her?

6 A I knew her before that.

7 Q Did you know her first?

8 A Know her what?

9 Q Did you know her before your father?

10 A No. No, I didn't.

11 Q The last exhibit for sure is a three-page

12 document entitled "Quitclaim Deed." It's Exhibit No. 8.

13 (Deposition Exhibit 8 was marked for

14 identification.)

15 BY MS. BURRELL:

16 Q I'll show you that one, Mr. Fuller. And ask

17 you if you recognize that document?

18 A Yes.

19 Q You were present when that was signed, weren't

20 you?

21 A I sure was.

22 Q Do you remember -- that was in 2003; is that

23 right?

24 A Yes, I think so. Yes.

25 MR. LAK: Can I see that?

Page 84

1 BY MS. BURRELL:
2 Q And was -- Odessa Gaines was there; is that
3 right?
4 A Yes. Uh-huh.
5 Q What do you know about -- if anything, about
6 why that deed was done?
7 MR. LAK: I'm taking a moment to look at the
8 deed myself.
9 MS. BURRELL: Oh, sure. Oh, sure. Go ahead.
10 MR. LAK: You can answer her question.
11 THE WITNESS: What did I know about this?
12 BY MS. BURRELL:
13 Q Well, my question was, what do you know, if
14 anything, about why this deed was signed -- why Odessa
15 signed this deed?
16 A She was giving my daddy -- this is a quit deed,
17 is it?
18 Q It's a quitclaim deed.
19 A Yes. Yes.
20 Q So what do you know, if anything, about why
21 Odessa signed this deed?
22 A Well, I couldn't answer that. All I know is I
23 was a witness to it.
24 Q Did someone ask you to be there to be a witness
25 for this?
Page 85

1 A Yes. Yeah. Uh-huh.
2 Q Who asked you to be there?
3 A My father did. And -- yeah, daddy. And I --
4 yeah.
5 Q And do you know when Odessa died? Do you know
6the month and the year she died?
7 A I really believe she died in 2004.
8 Q So as you sit here today, do you have any
9 reason to think that this is not Odessa's signature?
10 A Odessa signed that.
11 Q And you know that because you were there;
12 right?
13 A Uh-huh.
14 Q Is that a "yes"?
15 A Yes. Let's see. When did she sign this?
16 Q Do you know where Odessa was living at this
17 time?
18 A At that address, at 12th Avenue.
19 Q 8625 12th Avenue?
20 A Right, 12th Avenue.
21 Q Did she move out after she signed this deed?
22 A No.
23 Q She continued living there --
2 4 A Yes.
25 Q -- did she?
Page 86

1 A Uh-huh.

2 Q Did she live there until her death?

3 A Yes.

4 Q Was your father living there at the time?

5 A Yes.

6 Q And how long had the two of them been living

7 there?

8 A 30-something-odd years.

9 Q All right.

10 MS. BURRELL: I have nothing further. Did you

11 want to ask some questions?

12 MR. LAK: Yes, I did.

13 MS. BURRELL: Okay.

14 The first question is for you, Ms. Burrell --

1 5 MS. BURRELL: You can't depose me because I'm

16 not the deponent.

17 MR. LAK: And I'll just give you the same

18 instructions you've been giving my client all morning,

19 which is allow me to ask my question, and you can decide

2 0 to answer it or not

21 MS. BURRELL: All right.

22 MR. LAK: The production -- Request for

2 3 Production of Documents asks for medical records. The

24 witness has stated that they were delivered to my

25 office. This litigation has been going on for a number

Page 87

1 of years. And oversight on our office's part by not

2 bringing those today. I would ask that counsel would

3 stipulate to allowing my office to deliver those to your

4 office by Tuesday morning, save you the trouble for a

5 motion to compel; and I'd ask that you stipulate to

6 that.

7 MS. BURRELL: That's fine. So stipulated.

8

9 EXAMINATION

10 BY MR. LAK:

11 Q Now, Mr. Fuller, I've got some follow-up

12 questions for you.

13 Your testimony earlier was your father met

14 Odessa in the '60s?

15 A Or before the '60s.

16 Q Before the '60s?

17 A Yeah, either that or before the '60s.

18 Q To the --

19 A To my knowledge, yeah.

20 Q To the best of your recollection, when would

21 have been the first time that your father started seeing

22 Odessa?

23 A In the '60s.

24 Q Would that be the early --

25 A The latter part of the '60s, uh-huh.

Page 88

1 Q Okay. And if you can recall, to the best of

2 your recollection, at the time your father purchased the

3 house with Odessa, did you consider your father to be

4 married to your mother at that time?

5 A No. Odessa was his woman. Uh-huh.

6 Q And since the late '60s, up until the time of

7 your father's passing, did you ever see your father

8 behave in a way that would lead you to believe he was

9 still married to your mother?

10 A No.

11 Q And in observing your father's actions from the

12 late '60s up until the time of his death, did he behave

13 in a way that led you to believe that Odessa Gaines was

14 his wife?

15 A Yes.

16 Q And then it was your testimony earlier that on

17 both of their tombstones -- they're buried together?

18 A Man and wife.

19 Q And that's -- and the statement on the grave

20 marker says man and wife?

21 A Yes. Husband and wife, yes.

22 Q Okay. And I'm going to ask you a few questions

23 about the trust.

24 To the best of your knowledge, what does your

25 dad's trust own?

Page 89

1 A It owns the 12th Avenue and half of the

2 Bellhaven house.

3 Q To the best of your knowledge, does your dad's

4 trust own anything else?

5 A No, not -- no.

6 Q Did you -- do you have any reason to believe

7 or -- strike that, please.

8 Do you have any reason to believe that your

9 dad's trust owns other assets?

10 A No.

11 Q Is there a reason why you have not transferred

12 title to those two properties?

13 A There's litigation and a lis pendens.

14 Q So you have not been able to administer the

15 trust because of the litigation?

16 A Right.

17 Q To the best of your knowledge, have you

18 communicated to the beneficiaries of the trust at any

19 time regarding the nature of the trust? Strike that

20 question and disregard that.

21 MR. LAK: I have no further questions.

22 MS. BURRELL: I just have a couple of

23 follow-ups.

24 //

25

Page 90

1 FURTHER EXAMINATION

2 BY MS. BURRELL:

3 Q Mr. Fuller, you don't know whether your father

4 was legally married to your mother at the time of his

5 death, do you?

6 MR. LAK: I'm going to object to that. It

7 calls for a legal opinion. He can -- to the best of his

8 knowledge --

9 MS. BURRELL: That's all I'm asking for.

10 Q You don't -- do you know whether your father

11 was legally married to your mother at his death?

12 A At the time of his death?

13 Q Do you know?

14 A Do I know --

15 MR. LAK: I'm going to object again. That

16 calls for a legal opinion.

17 MS. BURRELL: The question is whether he knows.

18 I'm not asking him whether she was -- whether they were.

19 I'm asking him whether he knows.

2 0 MR. LAK: But you've qualified your question

21 with "legally married." And that "legal" calls for

2 2 a legal opinion.

23 MS. BURRELL: No.

24 MR. LAK: If you pull that word out, then I'll

25 allow him to answer the question.

page 91

1 BY MS. BURRELL:

2 Q Do you know whether your father was married to

3 Odessa at his death?

4 A Legally married to --

5 Q To Odessa?

6 A He considered hisself legally married to

7 Odessa.

8 Q And how do you know that he considered himself

9 legally married to Odessa?

10 A Because that's what he said; and that's what

11 people said, too, that live around his home.

12 Q Was your father legally married to Edwina at

13 his death, if you know?

14 MR. LAK: Objection. It calls for a legal

15 opinion.

16 BY MS. BURRELL:

17 Q Do you know whether your father was married to

18 Edwina at his death?

19 A Do I legally know it?

20 Q No. No.

21 A Oh.

22 Q Do you know whether your father was married to

23 Edwina at his death?

24 A I'd just have to speculate.

25 Q I'm not asking you to speculate.

Page 92

1 A Do I know for a fact?

2 Q My question is simply what it is.

3 A Was he married to my mother? I don't know.

4 Q I'll ask the question. You give the answer.

5 Do you know whether your father was married to

6 Edwina at his death? You either know it or you don't

7 know it.

8 A Well, I don't know it.

9 Q And with regard to the trust properties, it was

10your earlier testimony that you haven't read this

11 trust --

12 A Right.

13 MR. LAK: Objection.

14 BY MS. BURRELL:

15 Q -- is that correct?

16 MR. LAK: That mischaracterizes the statements

17 or the witness's testimony. I believe it's on the

18 record what he had testified as to his knowledge in

19 several points, in several comments he has made

20 pertaining to the trust.

21 BY MS. BURRELL:

22 Q Have you investigated to determine what the

23 trust owns?

24 A No, I haven't.

25 MS. BURRELL: Nothing further.

Page 93

1 THE WITNESS: It's just the trust. And I never

2 did stick my nose off in it so --
3 MS. BURRELL: Nothing further. We can
4 condude.
5 MR. LAK: I have one follow-up question.
6 MS. BURRELL: Oh, okay.
7
8 FURTHER EXAMINATION
9 BY MR. LAK:
10 Q Are you -- are you fairly confident that the
11 only property the trust owns is 12th Street and half of
12 Bellhaven?
13 A Yeah. Yes. Uh-huh.
14
15 FURTHER EXAMINATION
16 BY MS. BURRELL:
17 Q And why are you confident?
18 A My father never did mention nothing but the two
19 properties. And I never known him to own any other
20 properties.
21 Q But you're not confident because you've
22 investigated it; is that right?
23 A I didn't investigate nothing. I believe the
24 stuff about the other property, somebody else --
25 MR. LAK: Let's just answer the question.
Page 94

1 That's it.
2 THE WITNESS: Okay.
3 MS. BURRELL: Okay. So we'll conclude. And
4 we'll designate this as Volume I.
5 And, Mr. Lak, can we stipulate to relieve the
6 court reporter of her duties as to this deposition?
7 MR. LAK: So stipulated.
8 MS. BURRELL: Okay. And we'll stipulate that
9 any duty to retain the original -- we will relieve her
10 of any duty to retain the original transcript.
11 MR. LAK: So stipulated.
12 MS. BURRELL: And, Mr. Lak, you'll retain the
13 original. And how many days does your client need to —
14 you and your client need to review it? Is 15 enough?
15 MR. LAK: It depends on when -- how quickly the
16 court reporter can deliver the transcript.
17 MS. BURRELL: But is 15 days after that enough?
18 MR. LAK: I don't know. Because we're coming
19 up on the trial and our responses, et cetera.
20 So I'll ask the court reporter, when would you
21 estimate as to receiving the transcript?
22 THE REPORTER: Regular delivery is two weeks.
23 MR. LAK: Two weeks.

23 MR. LAK: Two weeks.

24 MS, BURRELL: So then you'd have 15 days after

25 that.

Page 95

1 MR. LAK: That's sufficient.

2 MS. BURRELL: All right. And can we stipulate
3 that Mr. Fuller can sign under penalty of perjury
4 instead of using a notary public?
5 MR. LAK: No. We'll use a notary.
6 MS. BURRELL: Okay. And, Mr. Lak, can we
7 stipulate that you'll retain the original and produce it
8 to me upon reasonable request?
9 MR. LAK: So stipulated.
10 MS. BURRELL: And that if you don't, I'm
11 entitled to use the copy as the original.
12 MR. LAK: Yes.
13 MS. BURRELL: All right. And that if I'm not
14 notified of any changes within the 15-day period, that
15 the copy will be used as the original.
16 MR. LAK: Correct.
17 MS. BURRELL: All right. So stipulated.
18 (Proceedings concluded at 12:53 p.m.)
19 * * *
20
21
22
23
24
25
Page 96

1 STATE OF

) SS.

2 COUNTY OF

3

4 I, the undersigned, declare under penalty

5 of perjury that I have read the foregoing

6 transcript, and I have made any corrections,

7 additions or deletions that I was desirous of

8 making; that the foregoing is a true and correct

9 transcript of my testimony contained therein.

10 EXECUTED this day of

11 20 at

(City) (State)

12

13

14

ROBERT LEWIS FULLER

15 Volume I

16

17

18 Subscribed and sworn to before me

19 this day of

20

21

22

23

24 Notary Pulic in and for said County

25 and State

Page 97

1 REPORTER'S CERTIFICATE

2

3

4 I, USA T. OWEN, CSR No. 4475, Certified Shorthand

5 • Reporter, certify:

6 That the foregoing proceedings were taken before me

7 at the time and place therein set forth, at which time

8 the witness was put under oath by me;

9 That the testimony of the witness, the questions

10 propounded, and all objections and statements made at

11 the time of the examination were recorded

12 stenographically by me and were thereafter transcribed;

13 That the foregoing is a true and correct transcript

14 of my shorthand notes so taken.

15 I further certify that I am not a relative or

16 employee of any attorney of any of the parties, nor

1 7 finanaally interested in the action.

18 I declare under penalty of perjury under the laws

19 of California that the foregoing is true and correct.

20 Dated this 23rd day of February, 2011.

2 1

1

USA .OWEN

24 CSR No. 4475

25

Page 98

---

---

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA

2

FOR THE COUNTY OF LOS ANGELES

3

4 DEPARTMENT CE-99 HON. MARVIN M. LAGER, JUDGE

5

)

6 IN RE THE MATTERS OF )

)

7 )

THELSEY L. FULLER TRUST ) CASE NOS. BP 122665

8 AND ) BP 099211

EDWINA FULLER CONSERVATORSHIP )

9 )

____________________________________)

10

11

12

REPORTER'S TRANSCRIPT OF PROCEEDINGS

13

TUESDAY, MAY 24, 2011

14

TESTIMONY OF ROBERT FULLER

15

16

17

18

19

20 (THE APPEARANCES ARE ON THE NEXT PAGE.)

21

22

23

24

25

26 STEPHANIE BAKER

CSR NO. 9249

27 PAGES 1 THRU 39, INCL. OFFICIAL REPORTER

28

1 APPEARANCES:

2

FOR PETITIONER:

3 SHIRLEY RITCHEY

SANDRA ARNOLD TEDDIE J. RANDALL, ATTORNEY AT LAW

4 3681 CRENSHAW BOULEVARD

LOS ANGELES, CA 90016-4849

5 (213)384-0470

6

7

FOR PETITIONER:

8 STEVEN FULLER, SYBIL YVONNE BURRELL, ATTORNEY AT LAW

CONSERVATOR OF 333 SOUTH GRAND AVENUE

9 EDWINA FULLER 25TH FLOOR

LOS ANGELES, CA 90071

10 (213) 572-3700

11

12

FOR RESPONDENTS:

13 DORIS FULLER

ROBERT FULLER LAW OFFICES OF DANIEL K. LAK

14 BY: DANIEL K. LAK, ATTORNEY AT LAW

18101 VON KARMAN AVENUE

15 SUITE 330

IRVINE, CA 92612

16 (949) 225-4477

17

18

19

20

21

22

23

24

25

26

27

28

1 CHRONOLOGICAL INDEX OF WITNESSES

2 TUESDAY, MAY 24, 2011

3

4 PETITIONER'S WITNESSES

5 (PURSUANT TO EVIDENCE CODE 776)

6 FULLER, ROBERT

CROSS BY MS. BURRELL. . . . . . . . . . . . . . . . 3

7 CROSS BY MR. RANDALL. . . . . . . . . . . . . . . . 8

DIRECT BY MR. LAK . . . . . . . . . . . . . . . . . 17

8 RECROSS BY MR. RANDALL. . . . . . . . . . . . . . . 29

RECROSS BY MS. BURRELL. . . . . . . . . . . . . . . 34

9 REDIRECT BY MR. LAK . . . . . . . . . . . . . . . . 37

10

11

12 RESPONDENT'S WITNESSES

13 NONE OFFERED

14

15

16

17 CHRONOLOGICAL INDEX OF EXHIBITS

18

19 WITHDRAWN/

PETITIONER'S FOR I.D. IN EVI REJECTED

20

NONE OFFERED

21

22

23 WITHDRAWN/

RESPONDENT'S FOR I.D. IN EVI REJECTED

24

522 DOCUMENT 17 -- --

25

26

27

28

Page 1

1 LOS ANGELES, CALIFORNIA; TUESDAY, MAY 24, 2011

2 MORNING SESSION

3 DEPARTMENT CE-99 HON. MARVIN M. LAGER, JUDGE

4 -O0O-

5 (STEPHANIE BAKER, OFFICIAL REPORTER)

6

7 (THIS BEGINS THE REQUESTED TRANSCRIBED

8 PORTION OF THE PROCEEDINGS.)

9

10 THE COURT: ALL RIGHT.

11 GOOD MORNING. COUNSEL ARE PRESENT AT THIS TIME.

12 MR. RANDALL, CALL YOUR NEXT WITNESS.

13 MR. RANDALL: GOOD MORNING, YOUR HONOR. I'M GOING TO

14 DEFER TO MS. BURRELL.

15 THE COURT: ALL RIGHT. MS. BURRELL.

16 WAIT. WHEN YOU SAY "DEFER," YOU MEAN YOU HAVE

17 NO MORE WITNESSES?

18 MR. RANDALL: NOT AT THIS TIME, YOUR HONOR, I DON'T.

19 THE COURT: MR. RANDALL, I'M SORRY, BUT THAT'S NOT A

20 CLEAR ANSWER. DO YOU HAVE ANY MORE WITNESSES?

21 MR. RANDALL: NO, YOUR HONOR, I DON'T.

22 THE COURT: OKAY.

23 ALL RIGHT. MS. BURRELL.

24 MS. BURRELL: YOUR HONOR, I'LL CALL ROBERT FULLER

25 PURSUANT TO EVIDENCE CODE SECTION 776, PLEASE.

26 THE COURT: MR. FULLER, PLEASE COME FORWARD, TAKE THE

27 WITNESS STAND.

28

Page 2

1 (WITNESS COMPLIES.)

2

3 THE COURT: BEFORE YOU'RE SEATED, PLEASE GIVE YOUR

4 ATTENTION TO THE CLERK.

5 THE CLERK: SIR, PLEASE RAISE YOUR RIGHT HAND TO BE

6 SWORN.

7

8 ROBERT FULLER,

9 RESPONDENT HEREIN, CALLED AS A WITNESS UNDER EVIDENCE CODE

10 SECTION 776 BY THE PETITIONER, WAS SWORN AND TESTIFIED AS

11 FOLLOWS:

12

13 THE CLERK: YOU DO SOLEMNLY STATE THAT THE TESTIMONY

14 YOU MAY GIVE IN THE MATTER NOW PENDING BEFORE THIS COURT

15 SHALL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE

16 TRUTH, SO HELP YOU GOD?

17 THE WITNESS: YES.

18 THE CLERK: WILL YOU STATE YOUR NAME, PLEASE.

19 THE WITNESS: ROBERT FULLER.

20 THE CLERK: SPELL YOUR FIRST AND LAST NAME.

21 THE WITNESS: R-O-B-E-R-T, F-U-L-L-E-R.

22 THE CLERK: THANK YOU, SIR. PLEASE BE SEATED.

23

24 (WITNESS COMPLIES.)

25

26 THE COURT: YOU MAY PROCEED.

27 MS. BURRELL: THANK YOU, YOUR HONOR.

28

Page 3

1 CROSS-EXAMINATION

2 BY MS. BURRELL

3 Q MR. FULLER, YOU'RE THE SON OF EDWINA FULLER AND

4 THELSEY FULLER; IS THAT CORRECT?

5 A YES.

6 Q AND YOU'RE ALSO A NAMED RESPONDENT IN THIS CASE;

7 IS THAT CORRECT?

8 A YES.

9 Q DO YOU RECALL SITTING FOR A DEPOSITION IN MY

10 OFFICE ON FEBRUARY 18TH OF 2011?

11 A YES.

12 Q DO YOU RECALL BEING ASKED SEVERAL QUESTIONS

13 ABOUT YOUR FATHER AND HIS FINANCES AND HIS TRUST?

14 A YES.

15 Q YOUR FATHER DIED IN AUGUST OF 2009 --

16 A YES.

17 Q -- RIGHT?

18 AND WHEN HE DIED HE WAS LIVING IN A NURSING

19 HOME, WASN'T HE?

20 A YES, CONVALESCENT HOSPITAL.

21 Q NOW, BEFORE THAT HE LIVED WITH YOUR SISTER

22 DORIS; IS THAT CORRECT?

23 A YES.

24 Q AND THERE WAS A TIME IN THE YEAR 2008 THAT YOUR

25 FATHER LIVED WITH YOUR BROTHER STEVEN; IS THAT CORRECT?

26 A BRIEFLY, YES.

27 Q AND BY "BRIEFLY," IT WAS -- YOU MEAN TO SAY FIVE

28 OR SIX WEEKS; IS THAT CORRECT?

Page 4

1 A ABOUT THAT MUCH, YES.

2 Q AND THAT WAS IN JULY, WASN'T IT, OF 2008, WASN'T

3 IT?

4 A I CAN'T RECALL WHETHER IT WAS IN JUNE OR JULY,

5 BUT AROUND THAT TIME.

6 Q NOW, IN JULY YOU APPEARED AT STEVEN'S HOUSE WITH

7 YOUR SISTER DORIS AND REMOVED YOUR FATHER FROM STEVEN'S

8 HOUSE, DIDN'T YOU?

9 A WHAT DO YOU MEAN BY "REMOVE"?

10 Q YOU CAME --

11 A YOU MEAN WE CAME AND PICKED HIM UP?

12 Q YES.

13 A OH, YES.

14 Q AND THAT WAS AROUND THE 21ST OF JULY, WASN'T IT?

15 A YES.

16 Q AND THEN ON THE 23RD OF JULY, YOUR FATHER

17 EXECUTED HIS LIVING TRUST, DIDN'T HE?

18 A I BELIEVE SO, YES.

19 Q AND WHEN HE EXECUTED THAT LIVING TRUST, HE WAS

20 AT YOUR SISTER DORIS' HOUSE IN COMPTON, WASN'T HE?

21 A YES.

22 Q AND DORIS WAS PRESENT, WASN'T SHE?

23 A YES.

24 Q AND YOU WERE PRESENT, WEREN'T YOU?

25 A YES.

26 Q AND WHO ELSE WAS PRESENT?

27 A IT WAS MR. LAK, I THINK A NOTARY PUBLIC, AND A

28 SECRETARY. I BELIEVE IT WAS A SECRETARY.

Page 5

1 Q AND MR. LAK WAS HIS ATTORNEY AT THAT TIME,

2 WASN'T HE?

3 A YES.

4 Q AND THEN ABOUT A MONTH AND A HALF LATER, ON

5 SEPTEMBER 16TH OF 2008, YOUR FATHER AMENDED HIS LIVING

6 TRUST, DIDN'T HE?

7 A YES.

8 Q AND HE EXECUTED AN AMENDMENT AT DORIS' HOUSE,

9 DIDN'T HE?

10 A YES.

11 Q AND DORIS WAS PRESENT?

12 A YES.

13 Q AND YOU WERE PRESENT?

14 A YES.

15 Q AND MR. LAK WAS PRESENT?

16 A YES.

17 Q WAS ANYONE ELSE PRESENT?

18 A HIS NOTARY AND THE SECRETARY I DO BELIEVE.

19 Q NOW CALLING YOUR ATTENTION TO JUNE OF 2009, A

20 YEAR OR SO LATER AFTER YOUR FATHER HAD EXECUTED HIS LIVING

21 TRUST, THERE WAS A HEARING IN THIS MATTER THAT STEVE HAD

22 CALLED -- THAT STEVEN PRESENTED TO THIS COURT SEEKING TO

23 FREEZE YOUR FATHER'S ASSETS IN AN ACCOUNT, WASN'T THERE?

24 A I DON'T KNOW EXACTLY WHAT HE HAD DID, BUT HE HAD

25 DID SOMETHING WITH THE ACCOUNT.

26 Q WELL, YOU KNEW THAT HE WAS TRYING TO FREEZE THE

27 ASSETS IN THE --

28 A I BELIEVE SO, YES.

Page 6

1 Q AND SO ON JULY 1ST OF 2009, YOU ACCOMPANIED YOUR

2 FATHER TO CITIBANK IN INGLEWOOD, DIDN'T YOU?

3 A YES.

4 Q AND YOU -- DORIS ALSO WENT, DIDN'T SHE?

5 A YES.

6 Q AND YOU WERE THERE WHILE BUSINESS WAS TRANSACTED

7 CONCERNING YOUR FATHER'S ACCOUNT, WEREN'T YOU?

8 A YES.

9 Q AND AT THE END OF THAT TRANSACTION, YOU RECEIVED

10 A CASHIER'S CHECK FOR $117,572, DIDN'T YOU?

11 A YES.

12 Q AND DORIS RECEIVED THE SAME?

13 A YES.

14 Q AND AFTER THAT TRANSACTION, YOUR FATHER HAD LESS

15 THAN $5,000 LEFT AT CITIBANK, DIDN'T HE?

16 A I DON'T KNOW.

17 Q WHAT WAS THE REASON THAT YOUR FATHER GAVE YOU

18 $117,572?

19 A HE GAVE IT TO US AS A GIFT.

20 Q AND WHEN DID YOU LEARN THAT HE WOULD GIVE YOU

21 THIS GIFT?

22 A WHEN HE GAVE IT TO US.

23 Q HAD HE EVER PROMISED TO GIVE YOU A GIFT --

24 A NO.

25 Q -- OF SUCH AN AMOUNT BEFORE?

26 A NO.

27 Q DID HE EXPLAIN TO YOU WHY HE WAS GIVING YOU THIS

28 GIFT?

Page 7

1 A NOT REALLY. HE JUST WANTED TO GO GET HIS MONEY

2 OUT THE BANK BECAUSE OF WHATEVER STEVIE WAS DOING AND SPLIT

3 IT BETWEEN ME AND MY SISTER.

4 Q AND WHEN DID YOU -- WHEN WERE YOU TOLD THIS?

5 A THE SAME -- I IMAGINE IT WAS THE SAME DAY WE WAS

6 AT THE BANK.

7 Q AS YOU SIT HERE TODAY, DO YOU HAVE ANY EVIDENCE

8 THAT YOUR MOTHER AND FATHER WERE NEVER MARRIED?

9 A NO, MA'AM. NO.

10 Q AS YOU SIT HERE TODAY, DO YOU HAVE ANY EVIDENCE

11 THAT YOUR PARENTS DIVORCED?

12 A NO.

13 Q DID YOU EVER RETURN THE $117,572 TO YOUR FATHER?

14 A NO.

15 Q DID YOU RETURN IT TO HIS TRUST?

16 A NO.

17 Q DO YOU HAVE IT TODAY?

18 A NO.

19 Q WHERE IS IT?

20 A WHERE IS THE MONEY?

21 Q YES.

22 A WELL, I HAD TO PAY -- WE PAID A LOT OF EXPENSES

23 AND THE REST WAS LEGAL FEES.

24 Q LEGAL FEES FOR WHOM?

25 A FOR MY FATHER'S ESTATE, AND WE IN COURT FOR IT

26 RIGHT NOW.

27 Q AND WHAT EXPENSES FOR YOUR FATHER DID YOU PAY

28 USING THE $117,000?

Page 8

1 A LEGAL FEES. AND WE HAD TO -- HE HAD OTHER BILLS

2 THAT WAS PAID. I DON'T KNOW IF IT CAME OUT OF THAT OR NOT,

3 BUT WE PAID -- WHATEVER WAS LEFT THAT MY FATHER OWED PEOPLE,

4 WE PAID. ME AND MY SISTER PAID THEM.

5 Q AND AFTER PAYING THE BILLS FOR YOUR FATHER AND

6 LEGAL FEES, HOW MUCH OF THE $117,572 THAT YOU RECEIVED IS

7 LEFT?

8 A WAIT, SAY THAT AGAIN.

9 Q AFTER PAYING YOUR FATHER'S BILLS --

10 A UH-HUH.

11 Q -- AND YOUR -- YOU HAVE TESTIFIED THAT YOU PAID

12 YOUR FATHER'S LEGAL FEES.

13 A YEAH, RIGHT.

14 Q HOW MUCH OF THE $117,572 IS LEFT?

15 A OH, LEFT? YEAH, ABOUT 70.

16 Q AND WHERE IS THAT MONEY?

17 A OH, I HAVE IT PUT AWAY.

18 Q IS IT IN AN ACCOUNT?

19 A NO.

20 MS. BURRELL: NOTHING FURTHER OF THIS WITNESS,

21 YOUR HONOR.

22 THE COURT: ALL RIGHT. MR. RANDALL.

23 MR. RANDALL: YES.

24

25 CROSS-EXAMINATION

26 BY MR. RANDALL

27 Q MR. FULLER, ON SEPTEMBER 16TH, 2008 AN AMENDMENT

28 WAS SIGNED TO YOUR FATHER'S TRUST; IS THAT CORRECT?

Page 9

1 A YES.

2 Q WERE YOU PRESENT AT THAT TIME?

3 A YES.

4 Q WHO ELSE WAS PRESENT?

5 A MY SISTER DORIS AND RANDY AND I DO BELIEVE IT

6 WAS TWO MORE WITNESSES, MR. LAK, THE NOTARY PUBLIC AND A

7 SECRETARY.

8 Q HOW DID IT COME TO PASS THAT YOU WERE PRESENT?

9 DID SOMEONE CALL YOU AND ASK YOU TO BE PRESENT?

10 A YES.

11 Q WHO CALLED YOU?

12 A I BELIEVE MY SISTER CALLED ME.

13 Q AND WHAT DID SHE TELL YOU AT THAT TIME?

14 A WELL, WE KNEW IT WAS GOING TO HAPPEN, YOU KNOW,

15 AND I KNEW THAT MR. LAK WAS GOING TO BE THERE AND EVERYBODY

16 ELSE SO, OF COURSE, I WOULD ALSO BE THERE.

17 Q WHY WASN'T YOUR OTHER BROTHERS AND SISTERS NOT

18 PRESENT? TO YOUR KNOWLEDGE, WHY WERE THEY NOT PRESENT?

19 A WELL -- TO MY KNOWLEDGE?

20 Q UH-HUH.

21 A WELL, MY FATHER MUST HAVE NOT REQUESTED THEM TO

22 BE PRESENT.

23 Q YOU SAID YOU KNEW THAT IT WAS GOING TO OCCUR.

24 HOW DID YOU KNOW THAT IT WAS GOING TO OCCUR?

25 A BECAUSE IT WAS SOME ERRORS MADE IN THE FIRST

26 ONE, THE FIRST TRUST.

27 Q WHAT WERE THE ERRORS, TO YOUR KNOWLEDGE?

28 A IT WAS AN "S" INSTEAD OF AN "L" IN MY FATHER'S

Page 10

1 NAME.

2 Q SO YOUR FATHER WAS GOING TO AMEND THE TRUST

3 BECAUSE OF THE ERRORS?

4 A IT MIGHT HAVE BEEN SOME OTHER ERRORS, BUT I KNOW

5 THAT ONE. IT WAS SOME KIND OF TYPED ERROR, TYPO OR WHATEVER

6 THEY CALL THE ERROR.

7 Q DO YOU KNOW HOW IT CAME ABOUT THAT YOUR -- THE

8 DISTRIBUTION TO YOUR SISTERS AND BROTHERS WERE CHANGED?

9 A THAT WAS MY FATHER'S -- THAT'S WHAT HE DID.

10 Q DO YOU KNOW WHY HE DID THAT?

11 A WELL, I GUESS HE MUST HAVE HAD SOME KIND OF

12 MISUNDERSTANDING WITH THE REST OF THEM OR WHATEVER THEY HAD

13 DID TO CAUSE IT.

14 Q DO YOU KNOW WHEN THAT MISUNDERSTANDING OCCURRED?

15 A NO, I CAN'T REALLY RECALL.

16 Q DO YOU KNOW WHAT THE NATURE OF THE

17 MISUNDERSTANDING WAS?

18 A I BELIEVE THEY WAS TRYING TO PUT THEIR NAME ON

19 HIS PROPERTY AND PUT THEIR NAME ON MY MOTHER'S PROPERTY.

20 Q WHEN YOU SAY "THEY WERE TRYING TO PUT" --

21 A MAYBE ONE OF THEM DID -- I THINK MY OLDEST

22 SISTER CAROL, SHE WAS TRYING TO TRANSFER HER NAME ONTO THE

23 BELHAVEN PROPERTY AND MY SISTER SANDRA WAS TRYING TO

24 TRANSFER HER NAME ONTO THE 12TH AVENUE PROPERTY.

25 Q SO HOW DID YOU BECOME AWARE OF THIS?

26 A IT WAS A PHONE CALL. MY SISTER HAD WENT TO MY

27 AUNTIE EVELYN'S SON, KENNY WILLIAMS, AND WAS TRYING TO FIND

28 OUT HOW TO DO -- YOU KNOW, TRANSFER HER NAME ONTO MY DADDY'S

Page11

1 PROPERTY ON 12TH AVENUE. AND MY AUNTIE GOT WIND OF IT AND

2 CALLED MY SISTER DORIS AND THEN THEY TOLD ME ABOUT IT, AND

3 THAT'S HOW I FOUND OUT.

4 Q SO YOUR AUNTIE CALLED YOUR SISTER DORIS?

5 A RIGHT.

6 Q AND YOUR SISTER DORIS TOLD YOU?

7 A YES.

8 Q DID YOUR SISTER DORIS TELL YOUR FATHER THAT?

9 A OH, YES. OH, YES. HE KNEW ALL ABOUT IT. AND

10 SHE HAD ALSO CAME OVER TO VISIT MY FATHER AND THEY WAS

11 DISCUSSING SOME FAMILY MATTERS, ALSO.

12 Q TO YOUR KNOWLEDGE, WERE ANY DEEDS EVER PREPARED

13 FOR THAT?

14 A NOT THAT I KNOW OF.

15 Q TO YOUR KNOWLEDGE, WERE ANY DEEDS EVER PRESENTED

16 TO YOUR FATHER FOR THAT?

17 A NOT TO MY KNOWLEDGE.

18 Q SO, BASICALLY, YOUR FATHER HAD INFORMATION FROM

19 YOUR SISTER THAT YOUR OTHER SISTER WAS TRYING TO CHANGE THE

20 DEEDS?

21 A YES.

22 Q AND THAT WAS IMPARTED TO YOUR FATHER, THAT WAS

23 TOLD TO YOUR FATHER?

24 A OH, YES, OF COURSE.

25 Q AND AS A RESULT OF THAT, YOUR FATHER WANTED TO

26 CHANGE?

27 A WELL, I COULDN'T SAY THAT WAS EXACTLY THE REASON

28 THAT HE DID IT, BECAUSE I CAN'T, YOU KNOW, SPEAK FOR HIM AND

Page 12

1 STUFF. BUT HE HAD SOME REASON TO DO IT.

2 Q AND YOU HAVE NO KNOWLEDGE OF THAT REASON?

3 A NOT -- JUST EXCEPT FOR WHAT HAD HAPPENED, THAT'S

4 ALL. THAT'S ALL I KNOW ABOUT THAT. AND HE WAS VERY UPSET.

5 Q ON THE DAY THAT YOU WENT TO THE BANK, I THINK IT

6 WAS JULY 1ST, YOU WERE PRESENT, ALSO?

7 A JULY 1ST? WASN'T THERE ANOTHER DATE THAT SHE

8 JUST MENTIONED?

9 MR. RANDALL: I'M SORRY.

10

11 (A DISCUSSION WAS HELD IN OPEN COURT

12 BETWEEN MS. BURRELL AND MR. RANDALL,

13 WHICH WAS NOT REPORTED.)

14

15 BY MR. RANDALL

16 Q JULY 1ST, 2009, YOU WERE PRESENT AT THE BANK?

17 A WE WENT TO THE BANK SEVERAL TIMES. I CAN'T

18 SPECIFICALLY SAY IT WAS JULY 1ST.

19 Q ON THE DATE THAT THE MONEY WAS WITHDRAWN, WERE

20 YOU PRESENT?

21 A THE DAY THAT MY DADDY WROTE OUT THE --

22 Q THE CHECKS.

23 A FOR THE 100 AND --

24 Q CORRECT.

25 A OH, YES, OF COURSE.

26 Q DID YOUR FATHER GO INTO THE BANK? DID YOUR

27 FATHER ACTUALLY GO INTO THE BANK?

28 A NO. THEY CAME OUT TO THE CAR BECAUSE --

Page 13

1 Q WHY DID THEY COME TO THE CAR?

2 A BECAUSE HE WASN'T ABLE TO GET UP AND WALK OUT.

3 HE HAD TO BE PUT IN A WHEELCHAIR AND THEN TRANSPORTED INSIDE

4 THE BANK, SO HE DECIDED HE WOULD JUST SIT OUT THERE IN THE

5 PARKING LOT AND THEY WOULD COME OUT TO THE CAR AND TRANSACT

6 THE BUSINESS.

7 Q SO HE WAS IN THE CAR?

8 A RIGHT.

9 Q WHO ELSE WAS IN THE CAR?

10 A (NO RESPONSE.)

11 Q WHEN THE BANK REPRESENTATIVE CAME --

12 A I WAS STANDING OUTSIDE THE CAR.

13 Q WAS ANYONE ELSE IN THE CAR?

14 A I BELIEVE DORIS WAS STANDING OUTSIDE THE CAR,

15 ALSO.

16 Q DID THE BANK ATTENDANT -- OR THE BANK PERSONNEL

17 GET INTO THE CAR?

18 A NO. THEY CAME TO THE WINDOW ON THE PASSENGER

19 SIDE, THE FRONT SEAT.

20 Q AND THE WINDOW WAS ROLLED DOWN?

21 A OF COURSE, YES.

22 Q AND DO YOU KNOW WHAT THEY ASKED YOUR FATHER?

23 A THEY ASKED HIM A WHOLE LOTS OF QUESTIONS ABOUT

24 WHAT HIS BIRTH DATE WAS, WHO HE WAS, WHO THE PRESIDENT WAS,

25 WHO THE VICE PRESIDENT WAS. YOU KNOW, QUESTIONS LIKE THAT

26 TO MAKE SURE THAT HE WASN'T COERCED OR SUFFERING FROM ANY

27 KIND OF DEMENTIA OR ANYTHING LIKE THAT.

28 SO THEY CALLED HIM A WHOLE LOT OF QUESTIONS

Page 14

1 BEFORE THEY TRANSACTED ANYTHING.

2 Q SO THEY HAD SOME CONCERN WHETHER OR NOT YOUR

3 FATHER HAD CAPACITY?

4 A I -- YES, YES.

5 Q AND ALL OF THIS WAS DONE THROUGH THE WINDOW OF A

6 CAR?

7 A YES.

8 Q AND AFTER THEY DISCUSSED THAT WITH HIM -- DID HE

9 SIGN ANY PAPERS IN THE CAR?

10 A YES. HE DID SIGN SOME THINGS, YES.

11 Q SO THEY SIGNED -- THEY HANDED SOME PAPERWORK

12 THROUGH THE WINDOW?

13 A YES.

14 Q TO YOUR FATHER?

15 A YES.

16 Q AND HE SIGNED IT?

17 A YES.

18 Q DID THEY INQUIRE -- TO YOUR KNOWLEDGE, DID THEY

19 INQUIRE WHY HE WAS WITHDRAWING THE FUNDS?

20 A I CAN'T REALLY REMEMBER THAT.

21 Q AND --

22 A HE JUST WANTED HIS MONEY.

23 Q AND DID HE TELL YOU WHY HE WANTED HIS MONEY?

24 A HE WAS GOING TO GIVE HALF OF IT TO ME AND HALF

25 OF IT TO MY SISTER DORIS.

26 Q DID HE DISCUSS THAT WITH YOU PRIOR TO GOING TO

27 THE BANK?

28 A I REALLY DIDN'T KNOW WHAT WAS GOING TO HAPPEN

Page 15

1 WHEN WE WENT TO THE BANK UNTIL HE DID IT.

2 Q DID HE TELL YOU IT WAS A GIFT TO YOU?

3 A YES.

4 Q AND WHAT DID YOU DO WITH THE CHECK?

5 A WHAT DID I DO WITH THE CHECK?

6 Q YEAH.

7 A I CARRIED IT TO THE -- YOU MEAN WHEN I -- WHERE

8 DID I CASH IT AT?

9 Q YEAH. DID YOU CASH IT?

10 A YES.

11 Q AND WHERE DID YOU CASH IT?

12 A I CASHED IT AT THE CREDIT UNION.

13 Q WHOSE CREDIT UNION?

14 A MY CREDIT UNION.

15 Q WHAT IS THE NAME OF YOUR CREDIT UNION?

16 A F AND A -- WAIT A MINUTE, LET ME SEE.

17 Q OH, YOU DON'T HAVE TO GET UP. WHAT DO YOU

18 REMEMBER BRIEFLY THE NAME OF IT?

19 A IT'S F AND A FEDERAL CREDIT UNION, F AND A.

20 Q DID YOU CASH IT OR DID YOU DEPOSIT IT?

21 A AS I RECALL, THEY WROTE US OUT A TRAVELER'S

22 CHECK.

23 Q THEY WROTE YOU OUT --

24 A IT MIGHT HAVE HAD TO SET IN THE BANK BEFORE THEY

25 WROTE US A TRAVELER'S CHECK.

26 Q SO BOTH CHECKS WERE DEPOSITED INTO THE FEDERAL

27 CREDIT UNION?

28 A YES.

Page 16

1 Q DOES YOUR SISTER HAVE AN ACCOUNT AT THE FEDERAL

2 CREDIT UNION?

3 A YES.

4 Q AND ONCE THE CHECK CLEARED, DID YOU EVER DEPOSIT

5 IT INTO YOUR PERSONAL ACCOUNT?

6 A NO.

7 Q YOU LEFT IT IN THE CREDIT UNION?

8 A NO. I GOT TRAVELER'S CHECKS.

9 Q YOU GOT 100 SOME -- $117,000 IN TRAVELER'S

10 CHECKS?

11 A YES.

12 Q AND THEN WHAT DID YOU DO WITH THE TRAVELER'S

13 CHECKS?

14 A WELL, I JUST SAT ON IT UNTIL WE NEEDED SOME

15 MONEY TO PAY OUR ATTORNEY FEES AND STUFF LIKE THAT.

16 WHATEVER FEES NEEDED TO BE PAID, I GO DOWN THERE AND MAKE

17 ANOTHER TRAVELER'S CHECK AND WHATEVER THE AMOUNT WAS, THAT'S

18 WHAT I PAID WHOEVER WAS OWED.

19 Q DO YOU MEAN CASHIER'S CHECKS OR TRAVELER'S

20 CHECKS?

21 A I THINK IT WAS A CASHIER'S CHECK.

22 MR. RANDALL: NOTHING FURTHER.

23 THE COURT: ALL RIGHT. MR. LAK.

24 MR. LAK: THANK YOU, YOUR HONOR.

25

26

27

28

Page 17

1 DIRECT EXAMINATION

2 BY MR. LAK

3 Q ALL RIGHT.

4 MR. FULLER, WE HAVE HEARD A LOT OF DISCUSSION

5 ABOUT THIS CITIBANK ACCOUNT AND YOU HEARD OPPOSING COUNSEL

6 CHARACTERIZE IT AS YOUR FATHER'S ACCOUNT. I WOULD LIKE TO

7 PRESENT -- APPROACH THE WITNESS, YOUR HONOR?

8 THE COURT: YES.

9 MR. LAK: -- WITH AN EXHIBIT. I WILL NUMBER THIS

10 RESPONDENT'S EXHIBIT 522. IT'S IN EVERYONE'S BINDER WITH

11 THE SAME NUMBER.

12 THE COURT: IT'S IN THE BINDERS AS 22, BUT WE ARE

13 USING THE 500 SERIES FOR YOUR EXHIBITS.

14

15 (MARKED FOR IDENTIFICATION

16 RESPONDENTS' EXHIBIT 522, DOCUMENT.)

17

18 (DOCUMENT HANDED TO THE WITNESS.)

19

20 THE COURT: GO AHEAD.

21 MR. LAK: THANK YOU, YOUR HONOR.

22 MR. FULLER, WOULD YOU TAKE A MOMENT TO REVIEW

23 THAT EXHIBIT.

24

25 (PAUSE IN THE PROCEEDINGS.)

26

27 BY MR. LAK

28 Q DO YOU SEE AT THE TOP OF THAT EXHIBIT WHERE IT

Page 18

1 SAYS (READING:) ODESSA GAINS AND THELSEY FULLER JOINT

2 TENANTS WITH RIGHT OF SURVIVORSHIP?

3 A YES.

4 Q DO YOU ALSO SEE THAT IT APPEARS TO BE A BANK

5 STATEMENT OR A PASSBOOK ACCOUNT FOR A CHECKING ACCOUNT?

6 A YEAH. I THINK IT WAS CALIFORNIA FEDERAL SAVINGS

7 AND LOAN ASSOCIATION.

8 Q YES, AND THAT WAS MY NEXT QUESTION.

9 A OH.

10 Q DOES IT LOOK LIKE IT'S FROM CALIFORNIA FEDERAL

11 SAVINGS AND LOAN ASSOCIATION?

12 A YES.

13 Q DO YOU SEE IN THE UPPER RIGHT-HAND CORNER

14 THERE'S AN ADDRESS IN THE WHITE SQUARE AT THE VERY TOP?

15 A YES. YES, IT IS.

16 Q OKAY.

17 DO YOU SEE THAT IT'S -- THE ADDRESS IS ON

18 IMPERIAL HIGHWAY IN INGLEWOOD?

19 A RIGHT, YES.

20 Q IS THAT THE SAME ADDRESS AS THE CITIBANK TODAY?

21 A I BELIEVE SO.

22 Q OKAY.

23 SO TO THE BEST OF YOUR KNOWLEDGE, DID CAL FED

24 GET PURCHASED BY CITIBANK EVENTUALLY?

25 A I BELIEVE THEY MERGED.

26 Q AND SO FROM THIS EXHIBIT, DOES IT APPEAR THAT

27 THELSEY AND ODESSA HAD A JOINT ACCOUNT?

28 A YES.

Page 19

1 Q DO YOU SEE A DATE ANYWHERE ON THERE?

2 A IT SAYS (READING:) AUGUST 29TH, 1975.

3 Q SO IT APPEARS FROM THIS EXHIBIT THAT ODESSA AND

4 THELSEY, YOUR FATHER, HAD A JOINT ACCOUNT SINCE 1975?

5 A YES.

6 Q OKAY.

7 TO THE BEST OF YOUR KNOWLEDGE, HOW MANY ACCOUNTS

8 DID YOUR FATHER HAVE AT CITIBANK?

9 A WELL, I KNOW HE HAD A SAVINGS AND A CHECKING

10 ACCOUNT, AND I BELIEVE HE HAD SOME OTHER KIND OF ACCOUNT

11 THERE, TOO.

12 Q THE -- DO YOU KNOW HOW THE TRUST ACCOUNTS, THAT

13 THE MONEY CAME OUT OF IN JULY 2009, DO YOU KNOW HOW THAT

14 CAME TO BE FORMED?

15 A HE HAD SOME MONEY IN SOME OTHER ACCOUNT AND HE

16 TOOK SOME MONEY OUT OF, I THINK, OUT OF HIS CHECKING ACCOUNT

17 AND ALSO PUT THAT IN THE TRUST WITH THE OTHER MONEY THAT HE

18 HAD THERE.

19 Q SO IS IT YOUR TESTIMONY THAT YOUR FATHER HAD A

20 CHECKING ACCOUNT AT CITIBANK?

21 A YES.

22 Q AND THEN OPENED A TRUST ACCOUNT AND TRANSFERRED

23 SOME MONEY FROM THE FIRST CHECKING INTO THE TRUST ACCOUNT?

24 A YES.

25 Q OKAY.

26 DO YOU KNOW WHERE THAT MONEY CAME FROM THAT WAS

27 IN THE FIRST ACCOUNT?

28 A NO.

Page 20

1 Q IS IT POSSIBLE THAT THAT MONEY BELONGED TO

2 ODESSA GAINS?

3 A IT'S VERY POSSIBLE.

4 MR. RANDALL: OBJECTION.

5 MS. BURRELL: CALLS FOR SPECULATION.

6 THE COURT: SUSTAINED. THE ANSWER IS STRICKEN.

7 BY MR. LAK

8 Q DO YOU KNOW WHERE THE MONEY CAME FROM THAT WAS

9 IN THE FIRST ACCOUNT?

10 A WELL, HE HAD SOME MONEY IN THE CHECKING ACCOUNT

11 AND HE HAD SOME MONEY IN THE -- MIGHT HAVE BEEN A MONEY

12 MARKET ACCOUNT, AND HE PUT BOTH OF THOSE TOGETHER AND PUT

13 THEM IN THE TRUST.

14 Q AND SO HOW ABOUT THE MONEY THAT WAS IN THE TRUST

15 CHECKING ACCOUNT, WAS THAT -- DO YOU KNOW WHERE THAT CAME

16 FROM?

17 A I THINK THEY CAME FROM THE MONEY MARKET.

18 Q OKAY.

19 AND I'M ASKING: DO YOU KNOW THE ORIGINAL SOURCE

20 OF THOSE FUNDS? IN OTHER WORDS, DO YOU KNOW IF THOSE MONIES

21 WERE PAID FROM YOUR FATHER'S RETIREMENT OR NOT? CAN YOU SAY

22 EITHER WAY FOR CERTAIN?

23 A I CAN'T SAY IT CAME FROM HIS RETIREMENT ACCOUNT.

24 I DON'T BELIEVE IT CAME FROM THERE.

25 Q OKAY. ALL RIGHT, THANK YOU. I'LL TAKE THAT

26 EXHIBIT.

27 MR. LAK: MAY I APPROACH, YOUR HONOR?

28 THE COURT: YES.

Page 21

1 (DOCUMENT HANDED TO COUNSEL.)

2

3 BY MR. LAK

4 Q IT IS YOUR TESTIMONY THIS MORNING THAT YOUR

5 FATHER WENT TO STAY WITH STEVEN IN EITHER JUNE OR JULY OF

6 2008?

7 A YES.

8 Q AND IS IT YOUR TESTIMONY THAT HE STAYED THERE

9 FOR APPROXIMATELY FIVE TO SIX WEEKS?

10 A YES.

11 Q WHERE WAS HE LIVING BEFORE HE MOVED IN WITH

12 STEVEN FOR FIVE TO SIX WEEKS?

13 A HE WAS LIVING WITH MY SISTER DORIS.

14 Q AND WHY DID HE MOVE TO STEVEN'S HOUSE?

15 A DORIS HAD TO HAVE SURGERY.

16 Q OKAY.

17 AND WHEN DORIS' SURGERY WAS FINISHED, WHAT

18 HAPPENED THEN?

19 A THEN WE -- WHEN SHE GOT WELL ENOUGH, THEN WE

20 WENT OVER TO VISIT MY FATHER. AND WHILE WE WAS IN THE HOUSE

21 VISITING -- WHEN WE GOT THERE, HE SAID SOMETHING LIKE THAT

22 HE HAD BEEN WAITING ON US TO COME, ESPECIALLY MY SISTER

23 DORIS.

24 AND WHILE WE WAS IN THERE TALKING, MY FATHER

25 DISAPPEARED. AND SO WE LOOKED AROUND THE HOUSE, THOUGHT HE

26 MIGHT HAVE BEEN IN THE BATHROOM. AND I LOOKED OUTSIDE IN MY

27 CAR AND THERE HE WAS SITTING IN THE CAR. HE WAS READY TO

28 GO.

Page 22

1 Q SO WHEN OPPOSING COUNSEL ASKED YOU IF YOU,

2 QUOTE, UNQUOTE "REMOVED YOUR FATHER," THE ACTUAL TESTIMONY,

3 IF I HEAR YOU CORRECTLY, IS THAT YOUR FATHER LEFT OF HIS OWN

4 FREE WILL?

5 MS. BURRELL: OBJECTION, LEADING.

6 THE WITNESS: YES, HE WENT OUT AND GOT IN THE CAR.

7 THE COURT: THE OBJECTION IS OVERRULED.

8 BY MR. LAK

9 Q WHY DO YOU THINK YOUR FATHER WAS ANXIOUS TO

10 LEAVE STEVEN'S HOUSE?

11 A HE WAS READY TO GO.

12 Q AND WHERE WAS HE READY TO GO TO?

13 A HE WAS READY TO GO BACK TO MY SISTER'S HOUSE,

14 DORIS, WHERE HE WAS LIVING.

15 Q YOU HAVE BEEN ASKED MANY QUESTIONS THIS MORNING

16 ABOUT THE CIRCUMSTANCES SURROUNDING THE SIGNING OF YOUR

17 FATHER'S TRUST.

18 A UH-HUH.

19 Q AND THEN THE AMENDMENT A MONTH AND A HALF LATER.

20 A YES.

21 Q YOU HAVE TESTIFIED THAT YOU WERE THERE WHEN HE

22 SIGNED IT. THERE'S A -- A HOUSE HAS MANY ROOMS.

23 WHERE WAS YOUR FATHER SITTING WHEN HE PUT PEN TO

24 PAPER AND SIGNED THE TRUST?

25 A MY FATHER WAS SITTING IN THE DINING ROOM, AND AS

26 EACH PERSON CAME IN, THE OTHER ONE HAD TO -- WE LEFT OUT THE

27 ROOM AND WENT IN THE KITCHEN.

28 Q OKAY.

Page 23

1 SO WERE YOU IN THE SAME ROOM AT THE TIME YOUR

2 FATHER SIGNED HIS TRUST?

3 A I THINK I WAS IN THE SAME -- WHEN HE FINALLY

4 SIGNED THE TRUST, I DO BELIEVE I WAS IN THE SAME ROOM WITH

5 HIM.

6 Q OKAY.

7 SO YOU WERE NOT IN THE KITCHEN WHEN HE SIGNED

8 IT?

9 A NO.

10 Q AT THE TIME YOUR FATHER SIGNED THE TRUST AND THE

11 AMENDMENT -- I'M SORRY, WHEN YOUR FATHER SIGNED THE

12 AMENDMENT, WHERE WERE YOU IN THE HOUSE?

13 MR. RANDALL: ASKED AND ANSWERED. OBJECTION,

14 YOUR HONOR, ASKED AND ANSWERED.

15 THE COURT: OVERRULED.

16 MR. LAK: YOU CAN ANSWER THE QUESTION.

17 BY MR. LAK

18 Q WHEN YOUR FATHER SIGNED THE AMENDMENT, WHEN HE

19 PUT PEN TO PAPER TO THE AMENDMENT, WHERE WERE YOU WITHIN THE

20 HOUSE?

21 A I WAS, ALSO, IN THE ROOM, UH-HUH.

22 Q HOW DID YOU COME FIRST TO FIND THE LAW OFFICES

23 OF DANIEL LAK?

24 A WELL, I LISTEN TO THE KHJ, I THINK THAT'S 640.

25 ON SATURDAYS, BILL HANDEL HAS A PROGRAM COME ON SAY,

26 BILL HANDEL AND THE LAW. AND SO I GOT THE PHONE NUMBER FROM

27 THE BROADCAST AND I CALLED HIM. AND HE REFERRED ME TO

28 ANOTHER ATTORNEY AND I BELIEVE HIS NAME WAS JOHN, CAN'T

Page 24

1 REALLY -- I THINK IT WAS JOHN, AND THEN JOHN REFERRED TO

2 YOU.

3 Q DO YOU EVER RECALL A TIME WHERE YOUR FATHER

4 ACTUALLY MADE A PHYSICAL APPEARANCE OR TRIP TO THE LAW

5 OFFICES OF DANIEL LAK IN IRVINE?

6 A YES, I DO.

7 Q CAN YOU RECALL WHEN THAT WAS, WHAT DATE?

8 A I CAN'T REMEMBER THE DATE, BUT I DO REMEMBER

9 GOING OUT TO IRVINE AND ANY FATHER WAS PRESENT.

10 Q AND SO THEN IS IT SAFE TO SAY, IS IT YOUR

11 TESTIMONY THIS MORNING, THAT NOT ALL COMMUNICATION BETWEEN

12 YOUR FATHER AND HIS ATTORNEY TOOK PLACE IN DORIS' HOME?

13 A RIGHT. NO, YEAH. LET'S SEE, YOU SAYING THAT --

14 WE VISITED YOUR OFFICE, RIGHT, UH-HUH. WASN'T ALL DONE AT

15 MY SISTER'S HOUSE, NO.

16 Q THANK YOU.

17 WHEN DID YOU FIRST -- HOW DID YOU FIRST FIND OUT

18 THAT YOUR SISTER SANDRA ARNOLD WAS ATTEMPTING TO TRANSFER

19 THE 12TH STREET PROPERTY, YOUR DAD'S HOME, INTO HER NAME?

20 A WHEN?

21 Q UH-HUH.

22 A IT WAS -- WHOA, THAT'S WAS A -- WHEN THE -- IT

23 MIGHT HAVE BEEN BEFORE -- I'M TRYING TO REMEMBER IF IT WAS

24 BEFORE OR AFTER THIS LAWSUIT STARTED. BUT I DID FIND OUT

25 THAT THAT'S WHAT HAD HAPPENED, YES.

26 Q AND HOW DID YOU FIND OUT ABOUT IT?

27 A MY SISTER DORIS CALLED ME ON THE PHONE.

28 Q OKAY.

Page 25

1 AND WHO IS KENNY WILLIAMS?

2 A THAT'S MY COUSIN.

3 Q OKAY.

4 AND WHAT DOES KENNY WILLIAMS DO FOR A LIVING?

5 A HE HAS A -- HE DOES HAIR. HIS FATHER IS

6 JOHN WILLIAMS COIFFEURS AND HE HAS -- COSMETOLOGY, YOU KNOW,

7 THE HAIR PEOPLE. SO HE HAD SHOPS THROUGHOUT THE

8 UNITED STATES AND MY COUSIN HAS A SHOP OVER ON VERMONT OR

9 MAYBE ABOUT A BLOCK OR A LITTLE SHORT BLOCK FROM MANCHESTER.

10 Q IS KENNY WILLIAMS -- WAS HE APPOINTED TO THE

11 BOARD OF COSMETOLOGY BY ARNOLD SCHWARZENEGGER, GOVERNOR?

12 MR. RANDALL: OBJECTION, YOUR HONOR, RELEVANCY.

13 THE COURT: OVERRULED.

14 THE WITNESS: I BELIEVE HE WAS, YES.

15 BY MR. LAK

16 Q AND WHO IS KENNY WILLIAMS' MOTHER?

17 A EVELYN WILLIAMS.

18 Q AND SO WHEN YOU TESTIFIED EARLIER THIS MORNING,

19 YOU SAID YOUR AUNTIE --

20 A YEAH, MY AUNTIE EVELYN.

21 Q -- HAS A SON AND SANDRA WAS TRYING TO ATTEMPT --

22 I'LL REPHRASE THE QUESTION.

23 WAS IT THROUGH YOUR AUNTIE EVELYN, WHO IS

24 KENNY WILLIAMS' MOTHER, THAT YOU FIRST HEARD OF THE DEED

25 BEING TRANSFERRED?

26 A YES. SHE WAS JUST ASKING QUESTIONS HOW TO DO

27 IT.

28 Q DO YOU KNOW IF SANDRA ARNOLD ACTUALLY WENT TO

Page 26

1 THE COUNTY RECORDER PHYSICALLY?

2 A NO, I DON'T.

3 Q OKAY.

4 DO YOU KNOW IF YOUR FATHER AND SANDRA EVER

5 TALKED ABOUT HER TRYING TO TRANSFER THE HOME INTO YOUR NAME?

6 MR. RANDALL: OBJECTION, HEARSAY.

7 MR. LAK: I'M ASKING FOR THE WITNESS' OPINION,

8 YOUR HONOR.

9 THE COURT: WAIT, WAIT A MINUTE. LET ME HEAR THE

10 REPORTER READ BACK THE QUESTION AGAIN.

11

12 (RECORD READ.)

13

14 MR. LAK: I'LL REPEAT THE QUESTION. LET'S STRIKE THAT

15 QUESTION BECAUSE, AS IT'S RECORDED, IT'S INACCURATE. AND

16 I'LL REPHRASE THE QUESTION.

17 BY MR. LAK

18 Q DID YOU KNOW IF YOUR FATHER EVER TALKED TO

19 SANDRA DIRECTLY ABOUT THE 12TH STREET PROPERTY BEING

20 TRANSFERRED INTO HER NAME?

21 A NO.

22 Q YOU HAD TESTIFIED EARLIER THIS MORNING THAT ON

23 THE DAY THE MONEY WAS WITHDRAWN FROM THE CITIBANK ACCOUNT

24 THAT ALL THREE OF YOU WERE PRESENT?

25 A RIGHT.

26 Q SO IS IT YOUR TESTIMONY THAT DORIS, YOURSELF AND

27 YOUR FATHER WERE THERE AT THE SAME TIME?

28 A YES.

Page 27

1 Q OKAY.

2 WHY WAS IT NECESSARY FOR ALL THREE OF YOU TO GO

3 TO THE BANK TO WITHDRAW MONEY?

4 A IT WAS AGREED THAT BEFORE ANYBODY COULD DO

5 ANYTHING THAT ALL THREE OF US HAD TO BE IN AGREEMENT WITH

6 IT. SO HE NEVER HAD TO WORRY ABOUT ANYBODY GOING DOWN TO

7 THE BANK TRYING TO WITHDRAW ANY MONEY WITHOUT HIS PRESENCE

8 AND WITHOUT ALL THREE OF US AGREEING UPON IT.

9 Q SO EVEN THOUGH YOU HAD POWER OF ATTORNEY, THERE

10 WAS AN AGREEMENT WITH THE BANK THAT ALL THREE OF YOU HAD TO

11 BE PRESENT?

12 A WELL, YES.

13 Q OKAY.

14 A COULDN'T NOBODY GO DOWN THERE AND JUST TAKE

15 MONEY OUT THE BANK.

16 Q OKAY.

17 A YOU KNOW, LIKE, ONE OF US OR SOMETHING WANT TO

18 GO DOWN THERE AND DO SOMETHING LIKE THAT, NO.

19 Q OKAY.

20 WHEN THE BANK EMPLOYEE WAS QUESTIONING YOUR

21 FATHER ABOUT, AS YOU SAID, WHO WAS PRESIDENT, HIS NAME, ET

22 CETERA, ABOUT HOW LONG DID THAT TAKE?

23 A THEY QUESTIONED HIM JUST, YOU KNOW, FOR A FEW

24 MINUTES BRIEFLY.

25 Q APPROXIMATELY FIVE MINUTES, APPROXIMATELY TEN

26 MINUTES?

27 A WELL, ABOUT FIVE MINUTES.

28 Q OKAY.

Page 28

1 A IF THAT LONG, YOU KNOW.

2 Q AND AT THE END OF THAT QUESTIONING PERIOD, DID

3 THE BANK EMPLOYEE SEEM SATISFIED AS TO YOUR FATHER'S

4 COMPETENCY?

5 A YES, THEY WERE SATISFIED.

6 Q YOU HAVE ALSO TESTIFIED THIS MORNING THAT YOUR

7 FATHER WAS IN THE CAR AND WAS NOT ABLE TO PHYSICALLY MOVE

8 AND THAT'S WHY THE BANK EMPLOYEES CAME OUT; IS THAT CORRECT?

9 A YES.

10 Q OKAY.

11 SO IS IT YOUR TESTIMONY THIS MORNING THAT

12 ALTHOUGH HE MAY HAVE BEEN PHYSICALLY CHALLENGED, HE WAS NOT

13 MENTALLY CHALLENGED?

14 MS. BURRELL: OBJECTION, LEADING.

15 THE COURT: OVERRULED.

16 MR. LAK: WOULD YOU LIKE ME TO REPEAT THE QUESTION?

17 THE WITNESS: YES, PLEASE REPEAT IT.

18 BY MR. LAK

19 Q IS IT YOUR TESTIMONY THIS MORNING THAT ALTHOUGH

20 HE MAY HAVE BEEN PHYSICALLY CHALLENGED, HE WAS NOT MENTALLY

21 CHALLENGED?

22 A RIGHT. HE WAS VERY SHARP.

23 MR. LAK: NO FURTHER QUESTIONS, YOUR HONOR.

24 THE COURT: ALL RIGHT.

25 ANY FURTHER QUESTIONS OF THIS WITNESS?

26 MR. RANDALL: YES.

27

28

Page 29

1 RECROSS-EXAMINATION

2 BY MR. RANDALL

3 Q MR. FULLER, YOU STATED THAT IT WAS AGREED THAT

4 ALL THREE OF YOU HAD TO BE PRESENT TO WITHDRAW FUNDS FROM

5 THE BANK; IS THAT CORRECT?

6 A YES.

7 Q THIS AGREEMENT WAS BETWEEN YOU, YOUR FATHER AND

8 YOUR SISTER?

9 A YES.

10 Q AND WHEN DID YOU DISCUSS THIS? WHEN DID YOU

11 ARRIVE AT THIS AGREEMENT?

12 A WELL, WE TALKED ABOUT THAT. I BELIEVE WE

13 TALKED -- WE MADE SURE THAT WAS UNDERSTOOD FROM THE

14 BEGINNING.

15 Q AND WAS THERE ANY DISCUSSION IN REGARDS TO YOUR

16 OTHER BROTHERS AND SISTERS BEING PRESENT?

17 A NO.

18 Q AND WHY WAS THAT?

19 A I HAD NO WAY OF KNOWING.

20 Q YOU HAD NO WAY OF KNOWING WHAT?

21 A THAT THEY NEEDED TO BE THERE AT ALL. IT WAS

22 BETWEEN ME, MY SISTER AND MY FATHER.

23 Q SO YOU, YOUR SISTER AND YOUR FATHER DISCUSSED

24 WITHDRAWING FUNDS FROM THE BANK; CORRECT?

25 A NEVER DID DISCUSS WITHDRAWING ANY FUNDS FROM THE

26 BANK. WE JUST MAKING SURE THAT WOULDN'T NOBODY GO DOWN

27 THERE AND WITHDRAW ANY FUNDS FROM THE BANK. IT NEVER WAS ON

28 OUR MIND TO DO SUCH.

Page 30

1 Q BUT YOU DISCUSSED IT WITH YOUR FATHER AND YOUR

2 SISTER THAT ALL THREE OF YOU WOULD HAVE TO BE PRESENT;

3 CORRECT?

4 A YES.

5 Q AND THAT WAS TO PREVENT ANY ONE OF YOU FROM

6 GOING DOWN; CORRECT?

7 A YES.

8 Q AND THERE WAS A FEAR THAT ONE OF YOU MIGHT GO

9 DOWN AND WITHDRAW THE FUNDS?

10 A NO. WE WAS JUST MAKING IT CLEAR, MAKING IT VERY

11 CLEAR.

12 Q OKAY.

13 A HE DIDN'T HAVE TO WORRY ABOUT US, YOU KNOW. HE

14 TRUST US.

15 Q I'M SORRY, HE TRUSSED YOU?

16 A SURE.

17 Q AND HE DIDN'T TRUST THE OTHER CHILDREN?

18 A I IMAGINE NOT.

19 Q AND THIS TRUST WAS BASED UPON WHAT?

20 A WHATEVER KIND OF DISAGREEMENT THAT HE HAD WITH

21 THEM, WHATEVER THAT MAY HAVE BEEN. IT WAS PERSONAL BETWEEN

22 THEM.

23 Q AND --

24 THE COURT: WAS THE BANK, SOMEHOW, INVOLVED IN THIS

25 DEAL?

26 THE WITNESS: NO, JUST FAMILY.

27 THE COURT: GO AHEAD.

28

Page 31

1 BY MR. RANDALL

2 Q DID YOU EVER DISCUSS THIS AGREEMENT WITH THE

3 BANK?

4 A NO.

5 Q LET ME GO BACK TO COUNSEL'S EXHIBIT 522.

6 MR. RANDALL: MAY I APPROACH, YOUR HONOR?

7 THE COURT: YES.

8

9 (DOCUMENT HANDED TO THE WITNESS.)

10

11 BY MR. RANDALL

12 Q COUNSEL SHOWED YOU THIS BANK BOOK; CORRECT?

13 A YES.

14 Q COULD YOU LOOK AT THE BOTTOM OF IT AND GIVE ME

15 THE DATE. THERE'S A DATE.

16 A THIS BOTTOM?

17 Q YEAH.

18 A THAT SAYS NOVEMBER 12TH, 19 -- LOOK LIKE -- 36.

19 Q THIRTY-SIX.

20 IS THAT WHEN THE BOOK WAS ORIGINALLY ISSUED?

21 A WELL, IN 1936 I WASN'T BORN.

22 Q BUT -- I'M SORRY. DOES IT SAY ISSUED,

23 ORIGINALLY ISSUED?

24 A YES, IT SAYS THAT RIGHT THERE. (READING:)

25 ORIGINALLY ISSUED NOVEMBER 12TH, 1936.

26 Q AND UP TO -- AND IN THE MIDDLE OF THE PAGE,

27 THERE'S ANOTHER DATE AUGUST 20 --

28 A IT SAYS AUGUST 29TH, 1975.

32

1 Q TO YOUR KNOWLEDGE, WAS YOUR FATHER WITH

2 MRS. ODESSA GAINS IN AUGUST 29TH, 1975?

3 A IN 1935 --

4 Q '75.

5 A OH, '75. YES, THEY WERE TOGETHER.

6 Q AND THEY STARTED LIVING TOGETHER IN 1968; IS

7 THAT CORRECT?

8 A YES.

9 Q WAS YOUR FATHER AND YOUR MOTHER SEPARATED ON

10 AUGUST 29TH, 1975?

11 A YES.

12 Q YOU ALSO STATED THAT IT WAS YOUR OPINION THAT

13 THE FUNDS IN THIS PARTICULAR ACCOUNT WAS TRANSFERRED OVER TO

14 THE TRUST ACCOUNT?

15 A THAT USED TO BE -- CALIFORNIA FEDERAL, IS THAT

16 WHAT THAT USED TO BE?

17 Q CALIFORNIA FEDERAL.

18 A WELL, WHEN THEY -- WHEN THOSE TWO BANKS MERGED

19 TOGETHER.

20 Q UH-HUH.

21 A NOW I DON'T KNOW HOW IT HAPPENED OR WHATEVER,

22 BUT IT'S THE SAME BANK ON IMPERIAL AND CRENSHAW.

23 Q DO YOU KNOW HOW MUCH IN FUNDS WAS ACTUALLY IN

24 THIS ACCOUNT IN 19 -- IN 2008?

25 A THE EXACT AMOUNT I WOULD HAVE HAD NO KNOWLEDGE.

26 I DON'T KNOW.

27 Q DO YOU KNOW WHEN YOUR FATHER OPENED THE FULLER

28 REVOCABLE TRUST ACCOUNT?

Page 33

1 A WHAT DATE?

2 Q YEAH.

3 A NO, I CAN'T RECALL THAT.

4 Q DO YOU KNOW WHERE THE FUNDS IN THAT PARTICULAR

5 ACCOUNT CAME FROM, THE 235,18 --

6 A SOME OF IT CAME FROM --

7 Q THE $235,158.66, DO YOU KNOW WHERE THAT CAME

8 FROM?

9 A SOME OF THAT MONEY CAME FROM HIS CHECKING

10 ACCOUNT.

11 Q AND THIS IS THE SAME ACCOUNT THAT WAS AT

12 CALIFORNIA FEDERAL SAVINGS AND LOAN?

13 A NO, CITIBANK.

14 Q OKAY.

15 A YOU TALKING -- WAIT, YOU TALKING ABOUT IN 1975?

16 Q NO. I'M TALKING ABOUT THE ACCOUNT THAT EXISTED

17 IN JULY 1ST, 2009. DO YOU KNOW THE SOURCE OF THOSE FUNDS?

18 A THE SOURCE OF THEM, I DON'T KNOW. BUT THE

19 CHECKING ACCOUNT, IS THAT WHAT YOU'RE REFERRING TO?

20 Q THIS IS AN ACCOUNT THAT SAYS THELSEY L. FULLER

21 REVOCABLE TRUST. DO YOU KNOW THE SOURCE OF THOSE FUNDS?

22 A THE FUNDS WAS IN A MONEY MARKET AND THE FUNDS

23 WAS IN A CHECKING ACCOUNT AND, I GUESS, A SAVINGS ACCOUNT,

24 ALSO. ALL AT CITIBANK.

25 MR. RANDALL: NOTHING FURTHER.

26 THE COURT: GO AHEAD, COUNSEL.

27 MS. BURRELL: THANK YOU, YOUR HONOR.

28

Page 34

1 RECROSS-EXAMINATION

2 BY MS. BURRELL

3 Q MR. FULLER, YOU TESTIFIED EARLIER THAT OF THE

4 $117,575 THAT YOU RECEIVED ONLY 70,000 REMAINS; CORRECT?

5 A YES.

6 Q DO YOU HAVE RECEIPTS TO SHOW HOW THE 57 OR SO

7 THOUSAND DOLLARS THAT WAS SPENT ON YOUR FATHER'S BILLS AND

8 ATTORNEYS FEES WAS SPENT? DO YOU HAVE RECEIPTS FOR THOSE?

9 A NOT OFFHAND I DO NOT, BUT YOU NEED RECEIPTS?

10 Q DO YOU HAVE THEM WITH YOU?

11 A NO.

12 Q DO YOU HAVE THEM AT ALL, IS MY FIRST QUESTION.

13 A NO.

14 Q SO YOU DON'T HAVE ANY WITH YOU TODAY?

15 A NO.

16 Q WERE YOUR PARENTS SEPARATED ON NOVEMBER 12TH OF

17 1936 -- OR YOU WEREN'T HERE?

18 A I WASN'T BORN.

19 Q HAVE YOU EVER BEEN TO MR. LAK'S OFFICE?

20 A MR. WHO'S OFFICE?

21 Q MR. LAK.

22 A OH, CERTAINLY.

23 Q MANY TIMES?

24 A YES.

25 Q HAVE YOU TAKEN YOUR FATHER THERE?

26 A ONE TIME.

27 Q HAVE YOU EVER BEEN INSIDE OF HIS OFFICE?

28 A YES.

35

1 Q HOW MANY TIMES, OTHER THAN THE TIME YOU TOOK

2 YOUR FATHER, WOULD YOU SAY YOU HAVE GONE TO MR. LAK'S

3 OFFICE?

4 A SEVERAL TIMES. I CAN'T EXACTLY REMEMBER THE

5 NUMBER, BUT SEVERAL TIMES.

6 Q AND FOR WHAT PURPOSE?

7 A TO BE INTERVIEWED, COUNSEL MEETING.

8 Q HAVE YOU EVER BEEN THERE ON BEHALF OF YOUR

9 FATHER WHILE HE WAS ALIVE?

10 A YES.

11 Q AND WHAT WAS YOUR PURPOSE FOR GOING TO MR. LAK'S

12 OFFICE ON BEHALF OF YOUR FATHER?

13 A WELL, THERE WAS COURT APPEARANCES. WE HAD TO GO

14 TALK ABOUT WHATEVER WAS GOING TO BE DONE IN COURT.

15 Q AND THIS IS WHILE YOUR FATHER WAS ALIVE?

16 A YES.

17 Q DID YOU EVER GO THERE TO DISCUSS YOUR FATHER'S

18 TRUST?

19 A NO.

20 Q DID YOU EVER GO THERE TO DISCUSS YOUR FATHER'S

21 AMENDMENT?

22 A NO. ALL THAT WAS DONE -- DID AT DORIS' HOUSE.

23 Q MY QUESTION IS: DID YOU EVER GO TO MR. LAK'S

24 OFFICE TO DISCUSS THE TRUST OR THE AMENDMENT?

25 A NOT THAT I CAN REMEMBER.

26 Q HAVE YOU EVER DISCUSSED YOUR FATHER'S TRUST OR

27 THE AMENDMENT WITH MR. LAK AT ALL WHILE HE WAS ALIVE?

28 A I DON'T RECALL.

Page 36

1 Q YOU HAVE TESTIFIED ABOUT YOUR FATHER'S MOVING --

2 MONEY MOVING FROM HIS CHECKING TO HIS SAVINGS TO HIS MONEY

3 MARKET.

4 A YES.

5 Q HOW DO YOU KNOW THIS?

6 A WHEN WE WENT TO DO THE TRUST, WE ALL WAS IN THE

7 BANK AND EVERYTHING AND THEY WAS DISCUSSING HOW THEY WAS

8 GOING TO PUT MONEY HERE, PUT MONEY THERE AND STUFF IN THE

9 BANK. I DON'T HAVE NO REALLY BUSINESS KNOWLEDGE OF MY

10 FATHER'S LIKE THAT, BUT IT WAS A TRANSACTION GOING ON IN THE

11 BANK TO THAT EFFECT.

12 Q YOU SAY THIS OCCURRED WHEN YOUR FATHER WAS DOING

13 HIS TRUST?

14 A WAS DOING WHAT WITH HIS TRUST?

15 Q NO. YOUR TESTIMONY WAS THAT YOU LEARNED ABOUT

16 THE MOVEMENT OF MONEY FROM CHECKING TO SAVINGS TO MONEY

17 MARKET AND SO FORTH --

18 A RIGHT.

19 Q -- AT THE TIME THAT YOUR FATHER WAS DOING HIS

20 TRUST. IS THAT YOUR TESTIMONY?

21 A WELL, YES.

22 Q SO THAT WOULD HAVE BEEN IN JULY OF 2008?

23 A YES.

24 Q AND WHY WAS YOUR PRESENCE REQUIRED TO DISCUSS --

25 A I WAS ON THE TRUST.

26 Q YOU WERE ON THE TRUST AS SUCCESSOR TRUSTEE,

27 WEREN'T YOU?

28 A YEAH. THE TRUST AT THE BANK, YES. THE POWER OF

Page 37

1 ATTORNEY, THE TRUSTEE, WHATEVER, WAS TRANSACTED AT THE BANK,

2 YES.

3 Q DID YOU EVER DO ANY TRANSACTIONS USING YOUR

4 POWER OF ATTORNEY?

5 A NO.

6 MS. BURRELL: NOTHING FURTHER OF THIS WITNESS.

7 THE COURT: ALL RIGHT. MR. LAK.

8 MR. LAK: THANK YOU, YOUR HONOR.

9

10 REDIRECT EXAMINATION

11 BY MR. LAK

12 Q MR. FULLER, DID YOU EVER TELL YOUR FATHER WHAT

13 TO DO WITH HIS MONEY?

14 A TELL MY FATHER WHAT TO DO WITH HIS MONEY? NO.

15 Q WOULD YOU SAY YOUR FATHER WAS A STRONG-WILLED

16 PERSON?

17 A YES.

18 Q DO YOU THINK THAT HE WAS EASILY SWAYED -- WOULD

19 HE HAVE BEEN EASILY SWAYED IF YOU DID TELL HIM WHAT TO DO

20 WITH HIS MONEY?

21 A MY FATHER WASN'T GOING FOR NO KIND OF NOTHING

22 LIKE THAT. YOU COULDN'T TELL HIM WHAT TO DO WITH NOTHING.

23 Q DID YOU EVER TELL YOUR FATHER OR MAKE ANY TYPE

24 OF A SUGGESTION WHATSOEVER ABOUT WHO SHOULD GET WHAT IF HE

25 PASSED AWAY?

26 A NO.

27 Q ASIDE FROM THE CORRECTION OF THE "S" IN THE

28 MIDDLE NAME TO THE "L," DID YOU KNOW ANYTHING ELSE ABOUT THE

Page 38

1 DETAILS OF THE AMENDMENT?

2 A NO.

3 Q AND WHY NOT?

4 A WELL, I REALLY DIDN'T -- WASN'T INTERESTED IN

5 WHAT IT WAS. HE JUST WANTED TO GET -- WHATEVER WAS WRONG

6 WITH IT, HE WANTED TO GET IT FIXED.

7 Q AND SO AS FAR AS THE AMENDMENT IS CONCERNED AND

8 THE SIGNING OF THAT, THAT'S ALL YOU WERE AWARE OF WAS THE

9 CHANGING OF THE MIDDLE INITIAL?

10 A YES.

11 Q WHAT DID ODESSA GAINS DO FOR A LIVING?

12 A SHE WAS A GOSPEL SINGER.

13 Q WAS SHE SUCCESSFUL?

14 A YES.

15 Q DID SHE HAVE RECORDS?

16 A YES.

17 Q DID SHE MAKE LIVE PERFORMANCES?

18 A YES.

19 Q WERE THEY IN DIFFERENT STATES?

20 A YES.

21 Q SO SHE SANG A LOT?

22 A YES.

23 MR. LAK: NO FURTHER QUESTIONS, YOUR HONOR.

24 THE COURT: ANYTHING FURTHER?

25 MS. BURRELL: NOTHING FURTHER.

26 MR. RANDALL: NOTHING FURTHER.

27 THE COURT: MAY THE WITNESS BE EXCUSED?

28 MR. RANDALL: YES.

Page 39

1 MS. BURRELL: YES.

2 THE COURT: THANK YOU VERY MUCH. YOU'RE EXCUSED.

3 THE WITNESS: OKAY.

4

5 (THIS ENDS THE REQUESTED TRANSCRIBED

6 PORTION OF THE PROCEEDINGS.)

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1 SUPERIOR COURT OF THE STATE OF CALIFORNIA

2 FOR THE COUNTY OF LOS ANGELES

3 DEPARTMENT CE-99 HON. MARVIN M. LAGER, JUDGE

4

IN RE THE MATTERS OF )

5 )

) CASE NOS. BP 122665

6 THELSEY L. FULLER TRUST ) BP 099211

AND )

7 EDWINA FULLER CONSERVATORSHIP ) REPORTER'S

) CERTIFICATE

8 ____________________________________)

9

10

11 I, STEPHANIE BAKER, OFFICIAL REPORTER OF THE

12 SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF

13 LOS ANGELES, DO HEREBY CERTIFY THAT THE FOREGOING PAGES, 1

14 THROUGH 39, COMPRISE A FULL, TRUE AND CORRECT TRANSCRIPT OF

15 THE TESTIMONY OF ROBERT FULLER TAKEN IN THE ABOVE ENTITLED

16 CAUSE ON TUESDAY, MAY 24, 2011.

17

DATED THIS 5TH OF JULY, 2011.

18

19

20

21

22

23 _________________________, CSR #9249

OFFICIAL REPORTER

24

25

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27

28

A "RIGHT. HE WAS VERY SHARP."



























"Resident has fluctuating capacity to understand and make decisions"

CLICK ON IMAGE TO ENLARGE IN YOUR BROWSER

It must be noted that this is not the complete testimony of Robert Lewis Fuller aka "Buddah". He took the witness stand again several weeks later and disparaged, slandered and vilified his other victim; his mother, Mrs. Edwina Fuller, the widow of Mr. Thelsey L. Fuller.