SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
TESTIMONY OF ABUSER #2 -- DORIS ALEDA FULLER
CASE NOS. BP 122665, BP 099211
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STEPHANIE BAKER
CSR NO. 9249
OFFICIAL REPORTER
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FOR THE COUNTY OF LOS ANGELES
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DEPARTMENT CE-99
HON. MARVIN M. LAGER, JUDGE
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)
)
)
)
) CASE NOS. BP 122665
) BP 099211
)
)
-----------------------------------)
IN RE THE MATTERS OF
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7 THELSEY L. FULLER TRUST
AND
8 EDWINA FULLER CONSERVATORSHIP
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REPORTER'S TRANSCRIPT OF PROCEEDINGS
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MONDAY, MAY 23, 2011
13
TESTIMONY OF DORIS FULLER
Right click, open in new tab.
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(THE APPEARANCES ARE ON THE NEXT PAGE.)
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27 PAGES 1 THRU 38, INCL.
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1 APPEARANCES:
2
FOR PETITIONER:
3 SHIRLEY RITCHEY
SANDRA ARNOLD
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FOR PETITIONER:
8 STEVEN FULLER,
CONSERVATOR OF
9 EDWINA FULLER
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FOR RESPONDENTS:
13 DORIS FULLER
ROBERT FULLER
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TEDDIE J. RANDALL, ATTORNEY AT LAW
3681 CRENSHAW BOULEVARD
LOS ANGELES, CA 90016-4849
(213)384-0470
SYBIL YVONNE BURRELL, ATTORNEY AT LAW
333 SOUTH GRAND AVENUE
25TH FLOOR
LOS ANGELES, CA 90071
(213) 572-3700
LAW OFFICES OF DANIEL K. LAK
BY: DANIEL K. LAK, ATTORNEY AT LAW
18101 VON KARMAN AVENUE
SUITE 330
IRVINE, CA 92612
(949) 225-4477
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CHRONOLOGICAL INDEX OF WITNESSES
2
MONDAY, MAY 23, 2011
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4 PETITIONER'S WITNESSES
5 (PURSUANT TO EVIDENCE CODE 776)
6 FULLER, DORIS
CROSS BY MS. BURRELL.
7 CROSS BY MR. RANDALL.
DIRECT BY MR. LAK . .
8 RECROSS BY MR. RANDALL.
RECROSS BY MS. BURRELL.
9 REDIRECT BY MR. LAK . .
12 RESPONDENT'SWITNESSES
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13 NONE OFFERED
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CHRONOLOGICAL INDEX OF EXHIBITS
PETITIONER'S
FOR I.D.
IN EVI
WITHDRAWN/
REJECTED
WITHDRAWN/
REJECTED
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27 * (PER THE COURT'S ORDER, THE DOCUMENT PREVIOUSLY MARKED
PETITIONER'S 3 IS NOW PETITIONER'S 9.)
3* THREE-PAGE DOCUMENT 5
9 THREE-PAGE DOCUMENT 9
RESPONDENT'S
FOR I.D.
IN EVI
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530 PHOTOCOPY OF
WITHDRAWAL SLIP
1 LOS ANGELES, CALIFORNIA; MONDAY, MAY 23, 2011
2 AFTERNOON SESSION
3 DEPARTMENT CE-99 HON. MARVIN M. LAGER, JUDGE
4 -000-
S (STEPHANIE BAKER, OFFICIAL REPORTER)
6
7 (THIS BEGINS THE REQUESTED TRANSCRIBED
8 PORTION OF THE PROCEEDINGS.)
9
10 THE COURT: ALL RIGHT.
11 MS. BURRELL.
12 MS. BURRELL: YOUR HONOR, I WILL CALL DORIS FULLER
13 PURSUANT TO EVIDENCE CODE 776, PLEASE.
14 THE COURT: ALL RIGHT.
15 MS. FULLER, PLEASE COME FORWARD.
16 THE CLERK: PLEASE RAISE YOUR RIGHT HAND.
17
18 DORIS FULLER,
19 RESPONDENT HEREIN, CALLED AS A WITNESS UNDER EVIDENCE CODE
20 SECTION 776 BY THE PETITIONER, WAS SWORN AND TESTIFIED AS
21 FOLLOWS:
22
23 THE CLERK: YOU DO SOLEMNLY STATE THAT THE TESTIMONY
24 YOU MAY GIVE IN THE MATTER NOW PENDING BEFORE THIS COURT
25 SHALL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE
26 TRUTH, SO HELP YOU GOD?
27 THE WITNESS: I DO.
28 THE CLERK: THANK YOU. PLEASE BE SEATED.
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THE WITNESS: DORIS FULLER.
(WITNESS COMPLIES.)
THE CLERK: PLEASE STATE AND SPELL YOUR FULL NAME FOR
4 THE RECORD.
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6 THE CLERK: PLEASE SPELL YOUR LAST NAME.
7 THE WITNESS: F-U-L-L-E-R.
8 THE CLERK: THANK YOU.
9 THE COURT: YOU MAY PROCEED.
10 MS. BURRELL: THANK YOU, YOUR HONOR.
11
12 CROSS-EXAMINATION
13 BY MS. BURRELL
14
Q
MS. FULLER, YOU'RE THE DAUGHTER OF EDWINA FULLER
15 AND THELSEY FULLER; IS THAT CORRECT?
16
17
YES.
YOU'RE ALSO A NAMED RESPONDENT IN THIS CASE; IS
A
Q
18 THAT RIGHT?
19
20
YES.
AND DO YOU RECALL SITTING FOR A DEPOSITION IN MY
A
Q
21 OFFICE ON FEBRUARY 18TH, 2011?
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YES.
YOU WERE CALLED THERE AND YOU WERE ASKED CERTAIN
A
Q
24 QUESTIONS ABOUT YOUR FATHER AND YOUR FATHER'S AFFAIRS?
25
A
'l'DD.
26
Q
YOUR FATHER DIED IN AUGUST OF 2009; IS THAT
27 CORRECT?
28
A
YES.
2
1
THE COURT: IT'S IN YOUR BOOK?
Q
WHEN HE DIED, HE WAS LIVING IN A NURSING HOME,
2 WASN'T HE?
3
A
YES.
Q
BUT BEFORE THEN HE LIVED WITH YOU; IS THAT
4
5 CORRECT?
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A
YES.
Q
AND HE LIVED WITH YOU FOR ABOUT A 15-MONTH
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8 PERIOD BEFORE HE MOVED TO THE NURSING HOME; IS THAT CORRECT?
A
APPROXIMATELY, YES.
NOW, YOU AND YOUR BROTHER ROBERT FULLER OBTAINED
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10
Q
11 A POWER OF ATTORNEY OVER YOUR FATHER'S ACCOUNTS AT CITIBANK
12 IN INGLEWOOD, DIDN'T YOU?
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MR. LAK: OBJECTION, YOUR HONOR. ASSUMES FACTS NOT IN
14 EVIDENCE.
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THE COURT: OVERRULED.
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MS. BURRELL: YOU CAN ANSWER.
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THE WITNESS: WE DIDN'T OBTAIN IT, HE GAVE IT TO US.
18 BY MS. BURRELL
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Q
AND DID HE GIVE YOU THAT IN MAY OF 2008?
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A
I THINK, YES.
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MS. BURRELL: MAY I APPROACH, YOUR HONOR?
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THE COURT: YES, YOU MAY.
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MS. BURRELL: I HAVE HERE A DOCUMENT. IT'S A
24 THREE-PAGE DOCUMENT.
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THE COURT: HAS THAT BEEN MARKED?
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MS. BURRELL: I'M SORRY. WE WILL MARK THAT AS
EXHIBIT,
I
i
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NUMBER THREE, YOUR HONOR.
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1 MS. BURRELL: YES.
2 THE COURT: ALL RIGHT.
3 YOU BOTH ARE USING THE SAME NUMBERS.
4 MS. BURRELL: NO, I'M SORRY. MY -- I'M THE NUMBER
5 THREE BECAUSE WE HAD THE --
6 THE COURT: WHAT I'M SAYING IS YOU BOTH USED ONE, TWO,
7 THREE, IS THAT IT?
8 MR. LAK: IF WE CAN JUST -- I'LL ADD ANOTHER DIGIT TO
9 THE BEGINNING.
10 THE COURT: NO. WE CAN JUST REFER TO THEM BY --
11 MR. LAK: PETITIONER'S AND RESPONDENT'S?
12 THE COURT: -- PETITIONER AND RESPONDENTS. BUT SINCE
13 WE HAVE -- THAT ACTUALLY WILL CAUSE SOME CONFUSION. SO ...
14 MR. LAK: GOING FORWARD, I WILL CHOOSE A DIFFERENT
15 NUMERICAL SEQUENCE.
16 THE COURT: ALL RIGHT.
17 MS. BURRELL: OR ALPHABETICALLY.
18 THE COURT: LET'S ADD A ZERO TO YOUR EXHIBITS.
19 MR. LAK: MAY WE ADD A FIVE IN FRONT OF MINE? SO I
20 WILL START MINE AT 500, ET CETERA.
21 THE COURT: ALL RIGHT. THAT'S FINE.
22 SO MR. LAK'S WILL START AT 501. I BELIEVE YOUR
23 FIRST ONE WOULD BE ONE, SO IT WOULD BE 501.
24 MR. LAK: YES, YOUR HONOR.
25 THE COURT: ALL RIGHT.
26 LET'S DO THIS, SO THAT WE CAN AVOID CONFUSION,
27 GO TO THE CLERK, TAKE YOUR EXHIBITS WHICH HAVE BEEN NUMBERED
28 SO FAR AND NUMBER THOSE EXHIBITS IN THE 500 SEQUENCE.
4
1 I'LL ASK THE COURT REPORTER IF SHE WOULD PUT IN
2 BRACKETS OR PARENTHESES AFTER THE ORIGINAL STATEMENT ON THE
3 RECORD THAT SAME EXHIBIT NUMBER WITHIN THE 500 SEQUENCE SO
4 THAT THIS ALL MAKES SENSE.
S MR. LAK: YOUR HONOR, I CAN DO SO VERY QUICKLY. THERE
6 WERE ONLY TWO EXHIBITS.
7 THE FIRST I HAD ORIGINALLY REFERRED TO AS 11,
8 THE SECOND ORIGINALLY REFERRED TO AS 29. I WILL NOW
9 RECHARACTERIZE THEM AS 511 AND 529.
10 THE COURT: THAT'S FINE.
11 PLEASE GO TO THE CLERK AND MAKE SURE THAT'S DONE
12 AT THE BREAK.
13 YOU CAN PROCEED.
14 MS. BURRELL: SO IF I'M CORRECT, YOUR HONOR, THIS IS
lS NUMBER THREE.
16 THE COURT: ALL RIGHT, VERY GOOD.
17 MS. BURRELL: OKAY.
18
19 (MARKED FOR IDENTIFICATION
20 PETITIONER'S EXHIBIT 3, THREE-PAGE
21 DOCUMENT.)
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THE CLERK:
THE COURT:
YOUR HONOR HAS THIS EXHIBIT (INDICATING)?
I DO.
~~
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(DOCUMENT HANDED TO THE WITNESS.)
5
1 BY MS. BURRELL
2
3
THE COURT: ALL RIGHT.
Q
LET ME ASK YOU IF YOU RECOGNIZE THAT DOCUMENT.
MR. LAK: I'M SORRY, YOUR HONOR. IF I MAY FOR A
4 MOMENT I DON'T HAVE A COpy OF THAT EXHIBIT.
MS. BURRELL: THIS IS MY -- IT SHOULD BE --
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(A DISCUSSION WAS HELD IN OPEN COURT
BETWEEN COUNSEL, WHICH WAS NOT
REPORTED. )
MS. BURRELL: FOR THE RECORD, THIS IS MARKED AS
12 EXHIBIT NUMBER THREE.
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14 BY MS. BURRELL
15 Q LET ME ASK YOU IF YOU RECOGNIZE THAT.
16 A YES.
17 Q AND IS THAT YOUR SIGNATURE AT THE BOTTOM?
18 A YES.
19 Q OKAY.
20 AND DID YOU -- WHEN THIS DOCUMENT WAS SIGNED,
21 WERE YOU IN THE PRESENCE OF YOUR FATHER?
22 A
23 Q
24 A
25 Q
26 FULLER?
27 A
28 Q
YES.
AND WERE YOU AT THE BANK WITH YOUR FATHER?
YES.
WERE YOU ALSO IN THE PRESENCE OF ROBERT L.
YES.
DID YOU DISCUSS THE NATURE OF THIS DOCUMENT WITH
J
6
1 YOUR FATHER?
2 A NO.
3 Q DID YOU KNOW WHY YOUR FATHER WAS OBTAINING A
4 POWER OF ATTORNEY?
5 A HE SAID HE WANTED TO MAKE A CHANGE.
6 Q DID HE EXPLAIN TO YOU WHY HE WANTED TO MAKE A
7 CHANGE?
8 A NO.
9 THE COURT: JUST A MINUTE, COUNSEL. WE'RE LOOKING AT
10 EXHIBIT THREE; CORRECT?
11 MS. BURRELL: YES.
12 THE COURT: IN MY BOOK EXHIBIT THREE IS A GRANT DEED.
13 MS. BURRELL: HMM.
14 THE COURT: IN THE WITNESS' BOOK IT IS A, WHAT, POWER
15 OF ATTORNEY?
16 MS. BURRELL: YES. IN THAT BOOK IT'S ACTUALLY --
17 PARDON ME, YOUR HONOR. IN THAT BOOK IT'S ACTUALLY NUMBER
18 NINE, IT SHOULD BE NUMBER NINE IN THE BOOK THAT YOU HAVE OF
19 MINE.
20 THE COURT: FIRST, I DON'T HAVE A NINE.
21 SECOND, WHAT ARE WE DOING HERE? WE HAVE ONE
22 BOOK FOR THE WITNESS WHICH IS DIFFERENT FROM THE COURT'S
23 BOOK, IS THAT WHAT YOU'RE SAYING?
24 MS. BURRELL: NO, YOUR HONOR. I -- WELL, I'M CALLING
25 THIS OUT OF ORDER.
26 THE COURT: LET'S NOT DO THIS. THIS IS GOING TO BE
27 TOO CONFUSING.
28 MS. BURRELL: OKAY.
7
1 THE COURT: USE THE NUMBERS IN THE BOOK.
2 MS. BURRELL: OKAY.
3 THE COURT: ALL RIGHT?
4 MS. BURRELL: ALL RIGHT.
S THE COURT: I DON'T HAVE A NINE, SO ...
6 MR. LAK: I DON'T EITHER, YOUR HONOR.
7 THE COURT: SO LET'S GET AN EXHIBIT, IDENTIFY IT AS
8 NUMBER NINE, GO BACK AND START THE QUESTIONING WITH RESPECT
9 TO EXHIBIT NINE AGAIN.
10 MS. BURRELL: ALL RIGHT.
11
SO FIRST, YOUR HONOR, MAY I MAKE SURE THAT YOU
12 HAVE A NINE? I'M CONCERNED THAT YOU DON'T.
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THE COURT: YES.
MS. BURRELL: OKAY.
(PAUSE IN THE PROCEEDINGS.)
MS. BURRELL: SECOND, MAY WE DETERMINE THAT THIS IS
19 NOW GOING TO BE CHARACTERIZED AS NUMBER NINE, MARKED AS
20 NUMBER NINE RATHER THAN NUMBER THREE?
21
THE COURT: THAT'S CORRECT.
22 THIS IS GOING TO BE NUMBER NINE, WHICH IS A
23 CONSUMER POWER OF ATTORNEY AND NOTICE FOR CALIFORNIA
24 RESIDENCE.
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1 (PER THE COURT'S ORDER, THE DOCUMENT
2 PREVIOUSLY MARKED PETITIONER'S
3 EXHIBIT 3 IS NOW MARKED PETITIONER'S
4 EXHIBIT 9, THREE-PAGE DOCUMENT.)
5
6 THE COURT: LET ME MAKE SURE THAT YOUR OPPOSING
7 COUNSEL HAS A COPY.
8 MR. LAK: I HAVE A COPY NOW, SIR.
9 THE COURT: ALL RIGHT. YOU CAN PROCEED.
10 BY MS. BURRELL
11 Q NOW, THIS POWER OF ATTORNEY WAS EXECUTED ON
12 MAY 22ND OF 2008. DO YOU RECALL THAT?
13 A YES.
14 Q AND IN JUNE OF 2008, YOUR FATHER WENT TO LIVE
15 WITH YOU IN COMPTON; IS THAT CORRECT?
16 A NO, THAT'S NOT CORRECT.
17 Q WHEN DID YOUR FATHER GO TO LIVE WITH YOU?
18 A MAYBE THE FIRST OF MAY, AROUND THE FIRST OF. MAY.
19 BUT HE WAS ALREADY THERE IN JUNE.
20 Q SO IT'S YOUR TESTIMONY THEN THAT HE BEGAN TO
21 LIVE WITH YOU IN MAY OF 2008 RATHER THAN JUNE?
22 A YES.
23 Q AND THEN IN MID JULY, YOUR FATHER EXECUTED A
24 LIVING TRUST, DID HE NOT?
25 A YES.
26 Q AND MR. LAK, YOUR CURRENT ATTORNEY, WAS YOUR
27 FATHER'S ATTORNEY AT THAT TIME?
28 A YES.
9
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Q AND FOR THOSE PURPOSES; IS THAT CORRECT?
A YES.
Q AND YOU AND YOUR BROTHER ROBERT WERE PRESENT
WHEN THAT TRUST DOCUMENT WAS SIGNED; IS THAT CORRECT?
A YES.
Q AND, IN FACT, IT WAS SIGNED AT YOUR HOUSE?
A YES.
Q AND THEN ONE -- A MONTH AND A HALF LATER, ON
SEPTEMBER 16TH, YOUR FATHER AMENDED THAT LIVING TRUST,
DIDN'T HE?
A YES, HE AMENDED IT. I'M NOT SURE EXACTLY WHAT
DATE IT WAS.
Q AND YOU AND YOUR BROTHER ROBERT WERE PRESENT
WHEN HE SIGNED THE AMENDMENT; IS THAT CORRECT?
A YES.
Q AND, AGAIN, THAT WAS DONE AT YOUR HOUSE; IS THAT
RIGHT?
A
Q
THAT TIME?
A YES.
Q CALLING YOUR ATTENTION TO JUNE 30TH, 2009, A
YEAR OR SO LATER AFTER YOUR FATHER MOVED TO YOUR HOUSE AND
HAD BEEN LIVING WITH YOU, THERE WAS A HEARING IN THIS CASE
WHERE STEVEN ATTEMPTED TO FREEZE SOME OF YOUR FATHER'S
ASSETSj ISN'T THAT CORRECT?
A YES.
Q THAT HEARING WAS HELD ON JUNE 30TH IN THIS --
YES.
AND MR. LAK WAS STILL YOUR FATHER'S ATTORNEY AT
10
1
2
YES.
A
Q
I'M NOT SURE.
BUT THERE WAS A HEARING AND YOU KNOW OF THAT
3 HEARING?
A
4
5 THE COURT: WHAT YEAR?
6 MS. BURRELL: JUNE OF 2009, JUNE 30, 2009.
7 THE COURT: DO YOU KNOW THE YEAR, MA'AM?
8 THE WITNESS: I THOUGHT IT WAS IN 2008, BUT I'M NOT
9 SURE.
10 THE COURT: ALL RIGHT. NEXT QUESTION.
11 BY MS. BURRELL
12
AND YOU LEARNED OF THE OUTCOME OF THAT HEARING;
Q
13 ISN'T THAT CORRECT?
14
15
A
Q
YES.
YOU LEARNED THAT THAT STEVEN'S ATTEMPTS TO
16 FREEZE YOUR FATHER'S ASSETS AT CITIBANK HAD BEEN
17 UNSUCCESSFUL, DIDN'T YOU?
18
19
A
Q
YES.
AND SO ON JULY I, 2009, YOU AND YOUR BROTHER
20 ROBERT ACCOMPANIED YOUR FATHER TO CITIBANK IN INGLEWOOD;
21 ISN'T THAT CORRECT?
22
A
NOT ON JULY 1ST. WE -- AT FIRST, DADDY TOLD US
23 TO GO GET HIS MONEY OUT THE BANK.
24 AND WE WENT OVER TO THE BANK, THEY WOULDN'T GIVE
25 IT TO US. SO THE BANK BRANCH MANAGER SAID THEY WERE WAITING
26 FOR THIS FREEZE, AND THEN THAT DIDN'T HAPPEN. THREE OR FOUR
27 DAYS PASSED BY. SO FINALLY DADDY SAID, PUT ME IN THE CAR
28 AND TAKE ME TO THE BANK. AND THAT'S WHAT WE DID.
11
1 Q AND THAT OCCURRED ON JULY 1ST OF 2009?
2 A I'M NOT SURE EXACTLY WHAT DATE IT WAS.
3 Q WELL, ON THAT DATE, WHATEVER THAT DATE WAS, YOU
4 WERE THERE WHILE YOUR FATHER TRANSACTED SOME BUSINESS; IS
5 THAT CORRECT?
6 A YES.
7 Q AND AS PART OF THAT TRANSACTION, YOUR FATHER
8 WITHDREW MONEY FROM HIS ACCOUNT; ISN'T THAT CORRECT?
9 A YES.
10 Q IN FACT, HE WITHDREW ABOUT $235,000; ISN'T THAT
11 SO?
12 A YES.
13 Q AND AT THE END OF THAT TRANSACTION, THE EFFECT
14 WAS THAT HE HAD GIVEN ONE HALF OF THAT MONEY TO YOU, SOME
15 $117,000, AND HE HAD ALSO GIVEN AN EQUAL AMOUNT TO ROBERTi
16 IS THAT CORRECT?
17 A YES.
18 Q AND AFTER THAT TRANSACTION, YOUR FATHER HAD LESS
19 THAN $5,000 IN THE BANKi ISN'T THAT CORRECT?
20 MR. LAK: YOUR HONOR, I'M GOING TO OBJECT ON THE BASIS
21 OF RELEVANCE. THIS IS AN 850 PETITION BETWEEN THE TITLE OF
22 REAL ESTATES. I DON'T UNDERSTAND THE RELEVANCE HERE.
23 THE COURT: COUNSEL?
24 MS. BURRELL: THIS IS TO DETERMINE CHARACTERIZATION OF
25 PROPERTY THAT BELONGED TO THELSEY FULLER, INCLUDING HIS
26 RETIREMENT, AND THE EVIDENCE WILL SHOW LATER, YOUR HONOR,
27 THAT THIS WAS RETIREMENT FUNDS. IT'S NOT SIMPLY REGARDING
28 REAL PROPERTY.
12
1 THE COURT: ALL RIGHT.
2 MR. LAK: AND I WILL OFFER THE OBJECTION THAT IT
3 LACKS -- THIS LINE OF QUESTIONING LACKS THE FOUNDATION.
4 THE COURT: OVERRULED.
5 BY MS. BURRELL
6 Q YOU HAVE NEVER RETURNED THAT MONEY TO YOUR
7 FATHER OR YOUR FATHER - YOU NEVER RETURNED THAT MONEY TO
8 YOUR FATHER BEFORE HIS DEATH, DID YOU?
9 A NO.
10 Q YOU HAVE NEVER RETURNED IT TO YOUR FATHER'S
11 TRUST, HAVE YOU?
12 A NO.
13 Q AS YOU SIT HERE TODAY, YOU DON'T HAVE ANY
14 EVIDENCE THAT EDWINA AND THELSEY DIVORCED, DO YOU?
15 A NO.
16 Q AND AS YOU SIT HERE TODAY, YOU DON'T HAVE ANY
17 EVIDENCE THAT THEY NEVER MARRIED, DO YOU?
18 A NO.
19 MS. BURRELL: NOTHING FURTHER OF THIS WITNESS.
20 THE COURT: ALL RIGHT.
21 ANYTHING FOR THIS WITNESS?
22 MR. RANDALL: YES, YOUR HONOR.
23
24 CROSS-EXAMINATION
25 BY MR. RANDALL
26 Q MS. FULLER, YOU STATED THAT YOU WERE PRESENT
27 WHEN THE TRUST WAS DRAWN UP -- I'M SORRY. YOU STATED THAT
28 YOU WERE PRESENT WHEN THE TRUST WAS EXECUTED AT YOUR HOME?
13
1 A WHEN IT WAS SIGNED? YES.
2 Q WHO ELSE WAS PRESENT?
3 A MY BROTHER, MY FRIEND, THE LADY THAT LIVES NEXT
4 DOOR AND HER GREAT GRANDSON.
S Q DO YOU KNOW WHO PREPARED THE TRUST?
6 A MR. LAK.
7 Q DO YOU KNOW WHO REQUESTED MR. LAK TO PREPARE THE
8 TRUST?
9 A DAD. WELL, ACTUALLY, ONE OF THE SOCIAL WORKERS
10 FIRST CAME TO THE HOUSE, SHE TOLD DADDY TO GET A LIVING
11 TRUST.
12 AND HE SAID, OKAY. I'LL HAVE ROBERT AND DORIS
13 DO IT. AND THAT'S HOW IT STARTED.
14 Q I'M SORRY, HE SAID SHE I'M SORRY. WHO SAID
15 WE'LL HAVE ROBERT AND DORIS TO DO IT?
16 A ONE OF THE SOCIAL WORKERS, THE VERY FIRST ONE,
17 MS. IRENE. AND SHE TOLD ASKED DADDY DID HE HAVE HIS
18 AFFAIRS IN ORDER AND DID HE HAVE A LIVING TRUST?
19 AND HE SAID, NO.
20 AND SHE SAID, WELL, THAT'S THE FIRST THING THAT
21 YOU SHOULD DO, OR SOMETHING TO THAT EFFECT.
22 AND HE SAID, OKAY. I'LL HAVE ROBERT AND DORIS
23 TAKE CARE OF IT.
24 Q AND WHAT DID YOU AND ROBERT DO IN ORDER TO TAKE
25 CARE OF IT?
26 A WE HIRED MR. LAK.
27 Q YOU AND ROBERT HIRED MR. LAK?
28 A YES.
14
1 Q HOW DID YOU AND ROBERT LOCATE MR. LAK?
2 A WE STARTED, I THINK, WITH A RADIO PERSONALITY
3 AND THEN WE GOT ON THE INTERNET.
4 Q DID YOU AND YOU -- DID OR ROBERT CONTACT
5 MR. LAK?
6 A YES.
7 Q AND AT SOME POINT IN TIME, DID YOUR FATHER
8 CONTACT MR. LAK?
9 A YES.
10 Q AT THE DATE OF THE SIGNING OF THE TRUST, DID
11 ANYONE REQUEST THAT MRS. RITCHEY OR MRS. ARNOLD BE PRESENT?
12 A NO.
13 Q WHY WAS THAT, TO YOUR KNOWLEDGE?
14 A I HAVE NO IDEA.
15 Q ON JULY 23RD, YOU ALSO EXECUTED A DURABLE POWER
16 OF ATTORNEY YOUR FATHER EXECUTED A DURABLE POWER --
17 THE COURT: WHAT YEAR, PLEASE?
18 MR. RANDALL: PARDON ME?
19 THE COURT: THE YEAR.
20 MR. RANDALL: OH, I'M SORRY. 2008.
21 BY MR. RANDALL
22 Q WAS THERE A DURABLE POWER OF ATTORNEY SIGNED BY
23 YOUR FATHER?
24 A YES, I THINK SO.
2S Q W~T w~s youn -- I~ youn ODI~IO~, WUAT w~c VOTJD_
26 FATHER'S RELATIONSHIP WITH MRS. RITCHEY AND MRS. ARNOLD?
27 A I DON'T KNOW.
28 Q DID HE EVER DISCUSS THEM?
15
1 A HE -- I KNOW -- I DON'T KNOW WHAT HAPPENED
2 BECAUSE HE DIDN'T SAY AND I DIDN'T ASK HIM, BUT HE WAS UPSET
3 WITH MY OLDEST SISTER. I DON'T KNOW --
4 Q AND WHEN WAS THIS?
5 A RIGHT BEFORE HE CHANGED THE POWER OF ATTORNEY.
6 Q AND HE CHANGED THE POWER OF ATTORNEY IN -- I'M
7 SORRY MAY 22ND, 2008; IS THAT CORRECT?
8 A YES.
9 MR. LAK: OBJECTION, YOUR HONOR. IT'S BEEN
10 MISCHARACTERIZES PREVIOUS TESTIMONY, JUST FOR THE RECORD.
11 THE COURT: OVERRULED.
12 MR. RANDALL: YOU CAN ANSWER.
13 THE WITNESS: I THINK SO.
14 BY MR. RANDALL
15 Q ARE YOU AWARE THAT HE EXECUTED A TRUST ON -- I'M
16 SORRY. YOU ARE AWARE THAT HE DID EXECUTE A TRUST ON
17 JULY 2008, JULY 23RD, 2008?
18 A YES.
19 Q ARE YOU AWARE THAT HE LEFT ALL OF HIS ASSETS
20 EQUALLY TO HIS CHILDREN?
21 A YES.
22 MR. RANDALL: NOTHING FURTHER, YOUR HONOR.
23 THE COURT: ALL RIGHT. MR. LAK.
24 MR. LAK: T~K YOU, YOUR HONOR.
25 MAY I APPROACH THE WITNESS, YOUR HONOR, AND
26 PRESENT PETITIONER'S EXHIBIT NUMBER THREE?
27 THE COURT: YES, YOU MAY.
28
16
5
6
7
THE COURT: WHAT ARE WE LOOKING AT?
MR. LAK: WE'RE LOOKING AT WHAT PETITIONER HAS MARKED
(DOCUMENT HANDED TO THE WITNESS.)
1
2
3 DIRECT EXAMINATION
4 BY MR. LAK
Q
A
Q
MS. FULLER
YES.
-- WERE YOU PRESENT WHEN THAT DOCUMENT YOU'RE
8 HOLDING IN YOUR HAND WAS SIGNED?
9
10
11
12
13
A
Q
A
Q
A
YES.
WHO ELSE WAS PRESENT AT THE TIME IT WAS SIGNED?
DAD, ROBERT AND MS. ALEXANDER.
AND WHO IS MS. ALEXANDER?
WHEN YOU GO IN THE BANK, THERE'S A TABLE. AND
14 IF YOU WANT TO DO SOMETHING, YOU GO TO HER INSTEAD OF
15 GETTING IN THE TELLER LINE.
16
17
18
Q
OKAY.
19 AS EXHIBIT THREE.
20 THE COURT: NO, IT'S EXHIBIT NINE.
21 MR. LAK: I APOLOGIZE.
22 THE COURT: LET'S START AGAIN.
23 SO YOU'VE SEEN EXHIBIT NINE BEFORE?
24 THE WITNESS: I DON'T KNOW.
25 THE COURT: THE DOCUMENT YOU'RE HOLDING IN YOUR HAND,
26 HAVE YOU SEEN THAT BEFORE?
27
28
THE WITNESS: YES.
THE COURT: WERE YOU PRESENT WHEN IT WAS SIGNED?
17
1 THE WITNESS: YES.
2 THE COURT: AND IT WAS SIGNED IN YOUR PRESENCE AND
3 YOUR BROTHER'S PRESENCE, I BELIEVE YOU SAID?
4 THE WITNESS: YES.
5 THE COURT: WHAT BROTHER WAS THAT?
6 THE WITNESS: ROBERT FULLER.
7 THE COURT: ALL RIGHT.
8 AND ALSO THE BANK OFFICER?
9 THE WITNESS: YES, THE BANK OFFICER. YES.
10 THE COURT: ALL RIGHT. PROCEED.
11
MR. LAK: THANK YOU.
12 BY MR. LAK
13 Q
14 CORRECT?
15 A
16 Q
17 A
18 Q
19 AT THE BANK?
SO MS. ALEXANDER WAS A BANK EMPLOYEE; IS THAT
YES.
WAS SHE A TELLER?
NO.
DID YOU PERCEIVE HER TO BE SOMEONE IN MANAGEMENT
20
21
22
YES.
OKAY.
WOULD YOU FLIP TO THE LAST PAGE OF THAT
A
Q
23 EXHIBIT NINE, PLEASE. AND IF YOU WOULD LIKE AT THE BOTTOM
24 OF THE PAGE, WHAT IS THE LAST SIGNATURE ON THAT PAGE?
25
26
A
Q
JANET ALEXANDER.
IS THAT JANET ALEXANDER THE SAME MS. ALEXANDER
27 THAT YOU'RE REFERRING TO?
28
A
YES.
18
1 Q DOES IT APPEAR FROM THAT DOCUMENT THAT
2 MS. ALEXANDER WAS ALSO A NOTARY?
3 A YES.
4 Q AND THAT SHE NOTARIZED THESE DOCUMENTS?
5 A YES.
6 MR. LAK: MAY I APPROACH THE WITNESS, YOUR HONOR, AND
7 PRESENT EXHIBIT 511?
8 THE COURT: YES.
9
10 (DOCUMENT HANDED TO THE WITNESS.)
11
12 BY MR. LAK
13 Q MS. FULLER, AFTER YOU TAKE A MOMENT TO REVIEW
14 EXHIBIT 511, DO YOU RECOGNIZE THE SIGNATURE IN THE MIDDLE OF
15 THE PAGE?
16 A YES.
17 Q WHOSE SIGNATURE IS THAT?
18 A DAD'S.
19 Q WOULD YOU READ FOR THE COURT THE FIRST SENTENCE
20 AFTER "TO WHOM IT MAY CONCERN" AT THE TOP OF THE PAGE.
21 A (READING:) I, THELSEY LEO FULLER, HEREBY REVOKE
22 THE POWER OF ATTORNEY PREVIOUSLY GRANTED TO SHIRLEY CAROL
23 RITCHEY EFFECTIVE IMMEDIATELY.
24 Q DO YOU SEE A SIGNATURE AT THE BOTTOM OF THE PAGE
25 BY THE NOTARY?
26 A YES.
27 Q DO YOU SEE THE NOTARY'S NAME?
28 A YES.
19
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7 NO.
Q
A
Q
THE BANK?
A
Q
A
Q
AND WHAT IS THAT NAME?
SHELLY BROWN.
DO YOU KNOW IF SHELLY BROWN IS AN EMPLOYEE OF
9 THAT DOCUMENT WAS SIGNED?
10
11
A
MR. LAK: MAY I APPROACH THE WITNESS AGAIN,
ON MAY 22ND, 2008.
12 YOUR HONOR, AND PRESENT WHAT I'M GOING TO MARK AS
13 RESPONDENT'S EXHIBIT 530. IT'S A COPY OF A WITHDRAWAL SLIP
14 FROM CITIBANK.
15
16
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18
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20
21
22
THE COURT: YES.
23 BY MR. LAK
24
Q
(MARKED FOR IDENTIFICATION
RESPONDENT'S EXHIBIT 530, PHOTOCOPY OF
WITHDRAWAL SLIP.)
(DOCUMENT HANDED TO THE WITNESS.)
MS. FULLER, IS IT CORRECT THAT ON MAY 22ND,
25 20081 YOU AND YOUR BROTHER ROBERT BOTH HAD POWER OF ATTORNEY
26 FOR YOUR FATHER?
27
28
A
Q
YES.
AND THEN IS IT YOUR TESTIMONY -- IF YOU COULD
20
1 STATE FOR THE COURT, WHAT IS THE DATE ON THAT WITHDRAWAL
2 SLIP?
3 A 7/1/09.
4 Q DO YOU RECALL THE CIRCUMSTANCES SURROUNDING OR
5 LEADING UP TO THE FILLING OUT OF THIS WITHDRAWAL SLIP?
6 A YES.
7 Q AND WHAT WERE THOSE?
8 A A FEW DAYS BEFORE, WE BECAME AWARE THAT
9 STEVIE -- STEVEN WAS TRYING TO PUT A RESTRAINING ORDER ON
10 DADDY'S BANK ACCOUNT. AND WHEN DADDY FOUND OUT ABOUT IT, HE
11 WANTED US TO GO GET HIS MONEY OUT THE BANK.
12 Q DO YOU SEE YOUR FATHER'S SIGNATURE ON THAT
13 WITHDRAWAL SLIP?
14
15 (PAUSE IN THE PROCEEDINGS.)
16
17 MR. LAK: YOUR HONOR, I HAVE THE ORIGINAL OF THAT
18 EXHIBIT, THAT MAY BE A MORE CLEAR COPY. MAY I PRESENT THAT
19 TO THE WITNESS?
20 THE COURT: YES.
21 MR. LAK: I'LL SHOW IT TO OPPOSING COUNSEL.
22 THE WITNESS: I SEE HIS INITIALS.
23 MR. LAK: I'LL GIVE YOU THE ORIGINAL.
24
25 (DOCUMENT ~DED TO THE WITN~BB.)
26
27
28
THE WITNESS:
WRITING.
RIGHT THERE (INDICATING), THAT'S
DADDY'Si
21
1 BY MR. LAK
2 Q DID YOUR FATHER SIGN THAT WITHDRAWAL SLIP?
3 A HE INITIALED IT.
4 Q IS IT YOUR TESTIMONY THAT YOUR FATHER INITIATED
5 THIS WITHDRAWAL TRANSACTION?
6 MS. BURRELL: OBJECTION, LEADING.
7 MR. LAK: IT'S CROSS EXAMINATION, YOUR HONOR.
8 THE COURT: SUSTAINED.
9 BY MR. LAK
10 Q WHEN YOU WENT -- WERE YOU PRESENT WHEN THIS FORM
11 WAS FILLED OUT?
12 A YES.
13 Q SO YOU WERE AWARE THAT YOUR FATHER WAS MAKING A
14 WITHDRAWAL?
15 A YES.
16 Q DID YOU MAKE THIS WITHDRAWAL UNDER THE POWER OF
17 ATTORNEY?
18 A NO.
19 Q SO IS IT YOUR TESTIMONY THAT YOU HAD POWER OF
20 ATTORNEY OVER YOUR FATHER'S ACCOUNTS?
21 A YES.
22 MS. BURRELL: OBJECTION, LEADING.
23 THE COURT: IT'S A SUMMATION OF WHAT'S GONE ON.
24 OVERRULED.
25 BY MR. LAK
26 Q AND A FEW DAYS -- I'M GOING TO LAY SOME
27 FOUNDATION.
28 WHEN YOUR FATHER HEARD ABOUT STEVIE -- STEVEN'S
22
2
3
4
5
WAS HE
STEVEN.
AT THAT TIME, DID HE INSTRUCT YOU AND ROBERT TO
1 ATTEMPTS TO FREEZE HIS ACCOUNTS, WHAT WAS HIS REACTION?
HE WAS ANGRY.
A
Q
A
Q
AND WHO WAS HE ANGRY AT?
6 GO REMOVE FUNDS FROM HIS ACCOUNT?
7 A YES.
8 Q DID YOU TRY TO DO SO AT THAT TIME?
9 A YES.
10 Q DID THE BANK ALLOW TO YOU DO SO?
11 A NO.
12 Q SO IS IT YOUR TESTIMONY THAT YOU HAD POWER OF
13 ATTORNEY, BUT STILL THE BANK DID NOT ALLOW YOU TO TAKE THE
14 MONEY OUT?
15
16
THAT'S CORRECT.
DO YOU KNOW WHY THE BANK DIDN'T ALLOW YOU AT
A
Q
17 THAT TIME?
18
19
A
Q
NO.
WHEN YOU WENT HOME TO INFORM YOUR FATHER THAT
20 THE BANK WOULDN'T ALLOW YOU TO TAKE THE MONEY, WHAT WAS HIS
21 REACTION?
22
23
A
Q
HE WAS STILL MAD.
AND WHAT DID HE -- DID HE GIVE ANY INSTRUCTIONS
24 AT THAT TIME?
25
A
YES. HE SAID FOR US TO TAKE HIM TO THE BANK. I
26 THINK THAT MIGHT HAVE BEEN ON FRIDAY, SO WE MIGHT HAVE HAD
27 TO WAIT UNTIL MONDAY, I'M NOT SURE. BUT IT WAS A COUPLE OF
28 DAYS IN BETWEEN THE FIRST TIME WE WENT TO THE BANK AND THEN
23
1 WHEN WE HAD TO TAKE DAD WITH US, AND THAT'S WHEN THIS
2 HAPPENED.
3 WE HAD TO TAKE DAD TO THE BANK, AND THEY CAME
4 OUT TO THE CAR AND SPOKE WITH HIM. AND I WAS AT THE
5 TELLER'S WINDOW AND SAW SOMEONE HAD WRITTEN ALONG HERE
6 (INDICATING) DADDY WASN'T IN HIS RIGHT MIND OR DIDN'T SEEM
7 TO BE IN HIS RIGHT MIND, NOT TO GIVE HIM THE MONEY.
8 THEY CAME OUT TO THE CAR. I CAN'T -- NOT
9 MS. ALEXANDER, IT WAS ANOTHER LADY. I CAN'T CALL HER NAME.
10 SHE'S POSSIBLY A FILIPINO OR OF AN ASIAN DECENT AND
11 CHRISTINE FORD. THEY CAME OUT TO THE CAR AND ASKED DAD SOME
12 QUESTIONS AND TALKED TO HIM, AND THEN THEY WROTE THE CHECKS.
13
Q
SO IS IT YOUR TESTIMONY THAT THE BANK WOULD NOT
14 ALLOW MONEY TO BE WITHDRAWN FROM YOUR FATHER'S ACCOUNT
15 WITHOUT SPEAKING TO HIM DIRECTLY?
16 A YES.
17 Q DID THEY ASK HIM ANY QUESTIONS BEFORE THEY
18 EFFECTED THE WITHDRAWAL?
19 A YES.
20 Q WHAT TYPE OF QUESTIONS DID THEY ASK HIM?
21 A WHO WAS HE? DID HE KNOW WHAT HE WAS DOING? WAS
22 ANYBODY MAKING HIM DO THIS? STUFF LIKE THAT. LIKE, WAS HE
23 BEING PRESSURED AND STUFF LIKE THAT.
24
Q
OKAY.
25 AND THEN AFTER THE QUESTIONING BY THE BANK
26 EMPLOYEE, THE BANK EFFECTED THE WITHDRAWAL; IS THAT CORRECT?
27
28
A
Q
YES.
OKAY.
24
1 AS YOU'RE LOOKING AT THAT EXHIBIT, AND PERHAPS
2 THE ORIGINAL, THE YELLOW, WOULD BE A BETTER COPY, MORE
3 LEGIBLE, I'M GOING TO ALSO PRESENT RESPONDENTS EXHIBIT 529,
4 WHICH IS A COPY OF THELSEY FULLER'S CALIFORNIA ID.
5 MR. LAK: MAY I APPROACH THE WITNESS, YOUR HONOR?
6 THE COURT: YES.
7
8 (DOCUMENT HANDED TO THE WITNESS.)
9
10 BY MR. LAK
11 Q MS. FULLER, IS THAT A PICTURE OF YOUR FATHER?
12 A YES.
13 Q IS THAT HIS SIGNATURE ON THE BOTTOM?
14 A YES.
15 Q WOULD YOU PLEASE READ FOR THE COURT WHAT APPEARS
16 TO BE THE IDENTIFICATION NUMBER LISTED ON THAT CARD.
17 A Z, AS IN ZEBRA, 0948047.
18 Q DO YOU SEE AN EXPIRATION DATE ON THAT
19 IDENTIFICATION CARD?
20 A EXPIRES JUNE 2ND, '18.
21 Q IF YOU COULD LOOK AT, NOW, THE WITHDRAWAL SLIP.
22 DO YOU SEE YOUR FATHER'S CALIFORNIA
23 IDENTIFICATION NUMBER WRITTEN ON THE WITHDRAWAL SLIP? THE
24 YELLOW FORM.
25 A YES.
26 Q COULD YOU READ FOR THE COURT THE IDENTIFICATION
27 NUMBER THAT IS ON THE WITHDRAWAL SLIP.
28 A ZEBRA 0948047.
25
1
A
Q
YES.
IS THAT THE SAME AS THE EXPIRATION DATE FOR THE
Q
DO YOU SEE ON THAT WITHDRAWAL SLIP AN EXPIRATION
2 DATE OF THE IDENTIFICATION CARD?
3
4
5 EXHIBIT THAT WAS JUST HANDED TO YOU?
6 A YES.
7 Q AND WHAT WAS THAT EXPIRATION DATE?
8 A 6/2/18.
9 Q DID YOUR FATHER PRESENT HIS IDENTIFICATION TO
10 THE BANK PRIOR TO THEM ALLOWING OR AUTHORIZING WITHDRAWAL?
11 A YES.
12 Q OKAY.
13 MR. LAK: MAY I APPROACH THE WITNESS, YOUR HONOR, AND
14 OBTAIN THE EXHIBITS?
15
16
17
18
19 BY MR. LAK
THE COURT: YES.
(DOCUMENTS HANDED TO COUNSEL.)
20
Q
IS IT YOUR TESTIMONY THAT YOUR FATHER CAME TO
21 LIVE WITH YOU APPROXIMATELY MAY OF 2008?
22
A
YES. I'M NOT EXACTLY SURE. IT WAS -- I THOUGHT
23 IT WAS THE END OF APRIL, BUT IT COULD HAVE BEEN AROUND THE '
24 FIRST OF MAY. I'M JUST NOT POSITIVE.
25
Q
WHY WAS YOUR HOUSE CHOSEN FOR YOUR FATHER TO GO
26 LIVE AT?
27
A
I'D JUST SAY I WAS BETTER ABLE TO TAKE CARE OF
28 MY FATHER.
26
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Q WAS YOUR BROTHER STEVEN ABLE TO TAKE CARE OF
YOUR FATHER?
A HE WAS, BUT HE HAD OUR MOTHER AND DADDY DIDN'T
WANT TO STAY THERE.
AFTER I GOT OUT THE HOSPITAL, ROBERT TRICKED ME
INTO GOING OVER THERE TO SEE HIM. AND AS SOON AS I WALKED
IN THE DOOR -- BECAUSE I HAD JUST HAD SURGERY AND I WAS
STILL REALLY BLEEDING FROM THE INCISION. BUT WHEN DADDY SAW
ME, HE SAID, I BEEN WAITING ON YOU.
I SAID, WAITING ON ME?
HE SAID, YEAH. I'M READY TO GO HOME.
AND I STARTED TALKING TO STEVIE AND QUINTON ON
THE TELEPHONE AND DADDY GOT UP AND WALKED OUT AND GOT IN THE
CAR.
Q SO DO YOU RECALL THE APPROXIMATE MONTH AND YEAR
THAT THIS HAPPENED?
A JULY OF 2008. 2008, BECAUSE THAT WAS -- THE
LAKERS LOST TO BOSTON THAT YEAR IN THE PLAYOFFS AND I HAD
SURGERY THE FIRST DAY, THURSDAY, JUNE 12TH OF 2008.
Q SO YOUR FATHER CAME TO LIVE WITH YOU
APPROXIMATELY MAY/JUNE, EARLY JUNE OF 2008?
A YES.
Q AND THEN YOU HAD SURGERY -- AND THEN IS IT YOUR
TESTIMONY THAT YOU HAD SURGERY SHORTLY THEREAFTER?
A YES.
Q AND IS IT ALSO YOUR TESTIMONY THAT YOUR FATHER,
WHILE YOU WERE IN THE HOSPITAL, WENT TO LIVE WITH YOUR
BROTHER STEVEN?
27
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A THAT'S CORRECT.
Q OKAY.
APPROXIMATELY HOW LONG WAS HE AT STEVEN'S HOUSE?
A MAYBE FIVE OR SIX WEEKS, I'M NOT SURE.
SOMEWHERE AROUND THERE.
Q WAS YOUR MOTHER ALSO AT THE HOUSE AT THE SAME
TIME?
A YES.
Q HAD YOU EVER SEEN YOUR FATHER LIVE WITH YOUR
MOTHER SINCE 1968?
A JUST WHEN HE WAS IN STEVIE'S HOUSE -- STEVEN'S
HOUSE.
Q SO IS IT TRUE -- IS IT YOUR TESTIMONY THAT FOR A
PERIOD OF, ROUGHLY, 40 YEARS YOU SAW YOUR MOTHER AND FATHER
LIVING TOGETHER ONLY ONCE FOR A PERIOD OF SIX WEEKS?
A YES.
Q AND IS THAT TIME PERIOD ONLY WHILE YOU WERE IN
THE HOSPITAL?
A AFTER I GOT OUT THE HOSPITAL AND RECOVERED, YES.
Q AND WHEN YOU WENT TO PICK YOUR. FATHER UP, WHAT
DID HE SAY TO YOU?
A I BEEN WAITING FOR YOU.
Q AND WHY DO YOU THINK HE SAID THAT?
A HE WAS READY TO GO HOME.
Q AND WHAT -- THERE WAS -- IS IT YOUR TESTIMONY
THAT A SOCIAL WORKER SUGGESTED YOUR FATHER GET HIS AFFAIRS
IN ORDER?
A YES.
28
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Q AND HOW DID THE SOCIAL WORKER COME TO BE
INVOLVED WITH YOUR FATHER?
A FROM HIS HOSPITAL, KAISER.
Q SO IS THIS A COUNTY OF LOS ANGELES EMPLOYEE OR
AN EMPLOYEE OF KAISER PERMANENTE?
A KAISER EMPLOYEE. SHE'S THEY WERE FROM THE,
WHAT THEY CALL, A PALLIATIVE PROGRAM.
THE COURT: ALL RIGHT. JUST A MINUTE.
(A DISCUSSION WAS HELD IN OPEN COURT,
WHICH WAS NOT REPORTED.)
THE COURT: GO AHEAD.
BY MR. LAK
Q AND HOW OFTEN DID KAISER EMPLOYEES VISIT YOUR
FATHER IN YOUR HOME?
A ABOUT EVERY OTHER DAY UNLESS SOMETHING HAPPENED,
AND WE WOULD CALL THEM AND THEY WOULD COME OUT, LIKE, ON AN
EMERGENCY VISIT.
Q AND WHAT WOULD THEY DO WHEN THEY GOT TO YOUR
HOUSE?
A WELL, IT DEPENDS ON WHO CAME. ENEDENA, SHE'S
HISPANIC. I THINK IT'S E-N-E-D-E-N-A, BUT I'M NOT SURE.
BUT SHE WOULD COME AND BATHE DADDY. AND THEN THE NURSE,
NURSE WOULD COME OUT AND, YOU KNOW, TAKE HIS BLOOD PRESSURE
AND MAKE SURE HE HAD HIS MEDICINE AND TAKE HIS PULSE, AND
STUFF.
Q WERE THERE ANY OTHER PROFESSIONALS OR SOCIAL
29
1 WORKERS COMING TO THE HOUSE TO VISIT YOUR FATHER?
2 A YES.
3 Q WHO WERE THOSE?
4 A HOLD ON, LET ME THINK. IT WAS ONE -- I CAN'T
5 PRONOUNCE HER LAST NAME. I THINK HER FIRST NAME MIGHT HAVE
6 BEEN SHELBY, BUT THE LAST NAME WAS THIS (INDICATING) LONG.
7 AND THEN IT WAS A GRETCHEN, SHE WAS A SOCIAL
8 WORKER. GRETCHEN I WANT TO SAY PHILLIPS, BUT THAT MIGHT NOT
9 BE IT. I KNOW IT WAS GRETCHEN. AND TERESA WAS A NURSE THAT
10 CAME OUT. AND THEN NELSON, MARIE NELSON, SHE WAS A NURSE.
11 Q SO IS IT SAFE TO SAY THAT A NUMBER OF PEOPLE
12 FROM, KAISER PEOPLE WERE VISITING YOUR FATHER, AS YOU
13 STATED, ALMOST EVERY OTHER DAY?
14 A YES. THEY CAME ABOUT THREE DAYS A WEEK. THE
15 DOCTOR CAME OUT, TOO.
16 Q ALL RIGHT.
17 DID YOUR FATHER EVER GO TO THE LAW OFFICES OF
18 DANIEL LAK, PHYSICALLY, IN IRVINE?
19 A NO.
20 Q AND WHEN THE TRUST WAS SIGNED JULY 23RD, WHO WAS
21 PRESENT?
22 A IT WAS YOU, MS. FIONA, THE OTHER LADY, I DON'T
23 REMEMBER HER NAME -- MICHELLE, RANDY, ROBERT, MS. EVA AND
24 DEON DARRION. NOT DEON, DARRION.
25 Q AND WHEN THE TRUST WAS SIGNED, WERE YOU IN THE
26 SAME ROOM WATCHING IT BEING SIGNED?
27 A I WAS, ACTUALLY, GIVING THE BABY SOME LITTLE
28 STICKY CANDIES, LIKE GUMMY BEARS.
30
1 Q SO YOU WERE NOT PHYSICALLY PRESENT WHEN THE
2 TRUST WAS SIGNED?
3 A I WAS IN THE HOUSE, BUT I WASN'T SITTING AT THE
4 TABLE WITH YOU GUYS.
5 Q DO YOU KNOW, FROM THE BEST OF YOUR RECOLLECTION,
6 WHO WAS THERE AT THE TABLE WITH YOUR FATHER?
7 A YOU, MS. FIONA, ROBERT WAS SITTING NEXT TO DADDY
8 AND -- I DON'T KNOW IF RANDY WAS IN THERE OR NOT. I CAN'T
9 REMEMBER THAT.
10 Q AND WHO IS MS. FIONA?
11 A THE NOTARY, SHE'S A NOTARY. I STARTED TO SAY
12 COURT REPORTER, BUT SHE'S A NOTARY PUBLIC.
13 Q WERE YOU AWARE THAT YOUR FATHER CANCELED THE
14 DURABLE POWER OF ATTORNEY PREVIOUSLY AUTHORIZING
15 SHIRLEY CAROL RITCHEY?
16 A YES.
17 Q WHEN DID YOU FIRST BECOME AWARE OF THAT?
18 A MAYBE THE DAY WE WENT TO THE BANK OR THE DAY
19 BEFORE, I'M NOT SURE. I DON'T REMEMBER EXACTLY.
20 Q DO YOU KNOW WHY YOUR FATHER WOULD HAVE CANCELED
21 THE POWER OF ATTORNEY?
22 A NO, I DON'T.
23 Q DID YOU EVER ASK HIM ABOUT THAT?
24 A NO.
25 Q AND WHY DID YOU NOT ASK HIM ABOUT THAT?
26 A I DON'T LIKE TO ASK PEOPLE PERSONAL QUESTIONS.
27 MR. LAK: NO FURTHER QUESTIONS, YOUR HONOR.
28 THE COURT: ALL RIGHT.
31
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FURTHER CROSS EXAMINATION.
MS. BURRELL: YES, YOUR HONOR.
MR. RANDALL: YES, YOUR HONOR.
RECROSS-EXAMINATION
BY MR. RANDALL
Q MRS. FULLER, YOU STATED YOUR FATHER REQUESTED
THAT YOU AND ROBERT TAKE THE MONEY OUT OF THE BANK; IS THAT
CORRECT?
A
Q
YES.
DID HE TELL YOU WHY HE WANTED TO TAKE IT OUT OF
THE BANK?
A
Q
YES.
WHAT WAS THE REASON?
A BECAUSE HE DIDN'T WANT STEVIE TO PUT -- TAKE HIS
MONEY FROM HIM.
Q DID HE TELL YOU WHAT TO DO WITH IT?
A NO. HE JUST SAID GO GET IT.
Q AND ONCE YOU GOT IT, WHAT DID YOU DO WITH IT?
A BROUGHT --
Q LET ME REPHRASE THAT QUESTION.
DID YOU RE-DEPOSIT IT INTO ANY OTHER BANKS?
A NO.
Q DID YOU PUT IT IN A CREDIT UNION?
A NO.
Q WHAT DID YOU DO WITH THE CHECK?
A I CASHED IT.
Q AND WHAT DID YOU DO WITH THE CASH?
32
1 A
2 Q
3 CASH IT?
4 A
5 Q
6 A
7 Q
8 GIFT?
9
10
A
Q
PAID SOME BILLS.
HOW LONG AFTER YOU RECEIVED THE CHECK DID YOU
I DON'T KNOW. COUPLE A DAYS, MAYBE.
DID YOUR FATHER TELL YOU WHAT TO DO WITH IT?
NO.
DID HE TELL YOU HE WAS GIVING IT TO YOU AS A
YES.
DID HE TELL YOU -- WERE YOU AWARE THAT HE HAD NO
11 OTHER FUNDS IN THE BANK?
12
13
14
15
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17
A
Q
A
Q
A
Q
HE DID.
HE HAD OTHER FUNDS IN ANOTHER BANK?
NO, NOT IN ANOTHER BANK, IN CITIBANK.
DO YOU KNOW HOW MUCH HE HAD IN CITIBANK?
I'M NOT SURE.
SO IT'S MY UNDERSTANDING THAT HE WITHDREW THE
18 MONEY AND GAVE IT TO YOU AND ROBERT BECAUSE HE WAS UPSET
19 WITH STEVE; CORRECT?
20
21
22
23
24
25 RECROSS-EXAMINATION
A
MR. RANDALL: NOTHING FURTHER.
YES.
MR. LAK: I JUST HAVE A COUPLE FOLLOW-UP QUESTIONS.
THE COURT: HOLD ON. GO AHEAD.
27
Q
26 BY MS. BURRELL
MS. FULLER, YOU CARED FOR YOUR FATHER DURING
28 THAT 15 MONTHS TIME PERIOD, DIDN'T YOU?
33
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A YES.
Q YOU COOKED HIS MEALS, DIDN'T YOU?
A YES.
Q YOU DROVE HIM AROUND?
A YES.
Q HE WASN'T DRIVING; IS THAT CORRECT?
A NO.
Q AND, IN FACT, HE STAYED WITH YOU AND THEN LATER
WITH STEVEN BECAUSE HE NEEDED SOMEONE TO HELP HIM AND TO
CARE FOR HIM; IS THAT CORRECT?
A YES.
Q HE WAS DEPENDENT UPON YOU, WASN'T HE?
A I DON'T KNOW IF HE WAS DEPENDENT UPON ME, BUT I
TOOK CARE OF HIM JUST LIKE I DID CAROL WHEN SHE WAS LIVING
WITH ME.
Q HE COULDN'T COOK HIS OWN MEALS ANYMORE, COULD
HE?
A NO.
Q HE COULDN'T BATHE HIMSELF ANYMORE, COULD HE?
A NO.
Q AND HE COULDN'T DRIVE HIMSELF AROUND, COULD HE?
A NO.
Q AND ISN'T IT TRUE THAT YOU PAID HIS BILLS FOR
HIM, AS WELL?
A YES.
Q YOU TESTIFIED THAT HE INSTRUCTED YOU TO GO TO
THE BANK TO WITHDRAW HIS MONEY?
A YES, UH-HUH.
34
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2
3
4
Q
A
IS THAT CORRECT?
UH-HUH.
THE COURT: YES?
THE WITNESS: YES. I'M SORRY.
5 BY MS. BURRELL
6 Q
7 PROTECT
8 A
9 Q
HE WANTED YOU TO WITHDRAW THAT MONEY TO
TO HOLD IT FOR SAFEKEEPING; ISN'T THAT CORRECT?
NO.
HE DIDN'T INTEND TO GIVE THAT MONEY AWAY AND
10 LEAVE HIMSELF BROKE, DID HE?
11 A YES, HE DID. HE GAVE HALF TO ME AND HALF TO
12 ROBERT, AS HE WROTE ON THE DEPOSIT SLIP.
13 MS. BURRELL: NOTHING FURTHER, YOUR HONOR.
14 THE COURT: ALL RIGHT. MR. LAK.
15 MR. LAK: JUST A COUPLE OF QUICK FOLLOW-UPS,
16 YOUR HONOR.
17
18 REDIRECT EXAMINATION
19 BY MR. LAK
20
Q
21 YOUR FATHER WAS PHYSICALLY RELIANT UPON YOU FOR MEALS AND
WAS YOUR FATHER -- IS IT YOUR TESTIMONY THAT
22 BATHING?
23 A
24 Q
25 A
26 Q
27 A
28 Q
YES, I COOKED FOR HIM. I DIDN'T BATHE HIM.
DID THE NURSES BATHE HIM?
YES.
SO HE NEEDED HELP PHYSICALLY?
YES.
OKAY.
35
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THE COURT: YES?
THE WITNESS: YES. I'M SORRY, I'M SORRY.
A
Q
A
DID HE NEED HELP MENTALLY?
NO.
SO, WAS HE SHARP?
UH-HUH.
7 BY MR. LAK
8 Q WOULD YOU CONSIDER YOUR FATHER TO HAVE KNOWN WHO
9 HE WAS?
10 A YES.
11 Q DID HE KNOW THAT HE HAD FIVE CHILDREN?
12 A YES.
13 Q DID HE KNOW THAT HE OWNED A HOUSE AND SOME BANK
14 ACCOUNTS?
15 A YES.
16 Q IS THERE ANY REASON TO BELIEVE THAT YOUR FATHER
17 WAS NOT OR ANY REASON TO BELIEVE THAT YOUR FATHER WAS
18 MENTALLY DEFICIENT FOR ANY REASON WHATSOEVER?
19 A NO.
20 Q OKAY.
21 WHEN YOUR FATHER WAS LIVING WITH YOU, DID HE
22 WALK ANYWHERE?
23 A YES.
24 Q WHERE DID HE GO?
25 A WELL, AT FIRST HE WOULD WALK TO THE GATE AND
26 BACK. HE DIDN'T DO A LOT OF WALKING UNLESS WE WENT SOME
27 PLACE, AND THEN HE WOULD. BUT HE WAS ON A WALKER AND HE
28 WOULD WALK WITH THAT.
36
1 Q DID HE LIKE TO GO TO HOMETOWN BUFFET?
2 A OH, YES. YES, HE DID.
3 Q HOW OFTEN WOULD YOU GO TO HOMETOWN BUFFET?
4 A ABOUT ONCE A WEEK.
5 Q DID HE WALK THERE?
6 A YES.
7 Q WHAT WAS HIS -- WHAT WAS SO -- WHAT WAS THE
8 ATTRACTION AT HOMETOWN BUFFET?
9 A HE LIKED TO GO AND LOOK AT THE LADIES WITH LARGE
10 BEHINDS.
11 Q SO HE LIKED TO PEOPLE WATCH AT HOMETOWN BUFFET?
12 A YES.
13 Q DID YOUR FATHER EVER TELL YOU THAT THE MONEY HE
14 WITHDREW WAS YOURS AS A GIFT?
15 A YES.
16 Q DID HE EVER TELL YOU, HOLD THIS FOR ME AND DON'T
17 SPEND IT?
18 A NO.
19 Q DID HE EVER SAY, PUT THIS IN A SAFE PLACE SO I
20 CAN COME BACK TO IT LATER?
21 A NO.
22 Q SO WAS IT YOUR BELIEF THAT THAT WAS A GIFT TO
23 YOU?
24 A YES.
25 MR. LAK: NO FURTHER QUESTIONS, YOUR HONOR.
26 THE COURT: ALL RIGHT.
27 MAY THE WITNESS BE EXCUSED?
28 MR. LAK: YES.
37
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6 MORNING.
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MS. BURRELL: YES.
MR. RANDALL: YES.
THE COURT: THANK YOU VERY MUCH. YOU'RE EXCUSED.
THE WITNESS: THANK YOU.
THE COURT: WE'RE IN RECESS UNTIL 10:00 TOMORROW
COUNSEL ARE EXCUSED UNTIL THAT TIME.
(THE PROCEEDINGS WERE ADJOURNED TO
TUESDAY, MAY 24, 2011 AT 10:00 A.M.)
(THIS CONCLUDES THE REQUESTED
TRANSCRIBED PORTION OF THE
PROCEEDINGS. )
38
SUPERIOR COURT OF THE STATE OF CALIFORNIA
1
______ ~==-=~~~~~=_--' CSR #9249
OFFICIAL REPORTER
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
BP 099211
6 THELSEY L. FULLER TRUST
AND
7 EDWINA FULLER CONSERVATORSHIP
REPORTER'S
CERTIFICATE
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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 38, COMPRISE A FULL, TRUE AND CORRECT TRANSCRIPT OF
15 THE TESTIMONY OF DORIS FULLER TAKEN IN THE ABOVE ENTITLED
16 CAUSE ON MONDAY, MAY 23, 2011.
17
DATED THIS 1ST OF JULY, 2011.
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