19 October 2012

Here Comes Abuser #2, Doris Aleda Fuller aka Doris Fuller-Stewart aka Ijnanya Fuller


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

SUPERIOR COURT OF THE STATE OF CALIFORNIA 



STEPHANIE BAKER 
CSR NO. 9249 
OFFICIAL REPORTER 



FOR THE COUNTY OF LOS ANGELES 



DEPARTMENT CE-99 

HON. MARVIN M. LAGER, JUDGE 










) CASE NOS. BP 122665 
) BP 099211 




-----------------------------------) 

IN RE THE MATTERS OF 



7 THELSEY L. FULLER TRUST 
AND 

8 EDWINA FULLER CONSERVATORSHIP 



10 

11 

REPORTER'S TRANSCRIPT OF PROCEEDINGS 

12 

MONDAY, MAY 23, 2011 

13 

TESTIMONY OF DORIS FULLER 


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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: 



FOR PETITIONER: 
3 SHIRLEY RITCHEY 
SANDRA ARNOLD 









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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11 



20 

CHRONOLOGICAL INDEX OF WITNESSES 



MONDAY, MAY 23, 2011 



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WITHDRAWN/ 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WITHDRAWN/ 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 

28 

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 


13 
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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) 



7 (THIS BEGINS THE REQUESTED TRANSCRIBED 

8 PORTION OF THE PROCEEDINGS.) 



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. 







THE WITNESS: DORIS FULLER. 

(WITNESS COMPLIES.) 

THE CLERK: PLEASE STATE AND SPELL YOUR FULL NAME FOR 

4 THE RECORD. 



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 



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 




18 THAT RIGHT? 

19 
20 

YES. 

AND DO YOU RECALL SITTING FOR A DEPOSITION IN MY 




21 OFFICE ON FEBRUARY 18TH, 2011? 

22 
23 

YES. 

YOU WERE CALLED THERE AND YOU WERE ASKED CERTAIN 




24 QUESTIONS ABOUT YOUR FATHER AND YOUR FATHER'S AFFAIRS? 

25 



'l'DD. 

26 



YOUR FATHER DIED IN AUGUST OF 2009; IS THAT 

27 CORRECT? 

28 



YES. 





THE COURT: IT'S IN YOUR BOOK? 



WHEN HE DIED, HE WAS LIVING IN A NURSING HOME, 

2 WASN'T HE? 





YES. 



BUT BEFORE THEN HE LIVED WITH YOU; IS THAT 



5 CORRECT? 





YES. 



AND HE LIVED WITH YOU FOR ABOUT A 15-MONTH 



8 PERIOD BEFORE HE MOVED TO THE NURSING HOME; IS THAT CORRECT? 



APPROXIMATELY, YES. 

NOW, YOU AND YOUR BROTHER ROBERT FULLER OBTAINED 



10 



11 A POWER OF ATTORNEY OVER YOUR FATHER'S ACCOUNTS AT CITIBANK 

12 IN INGLEWOOD, DIDN'T YOU? 

13 

MR. LAK: OBJECTION, YOUR HONOR. ASSUMES FACTS NOT IN 

14 EVIDENCE. 

15 

THE COURT: OVERRULED. 

16 

MS. BURRELL: YOU CAN ANSWER. 

17 

THE WITNESS: WE DIDN'T OBTAIN IT, HE GAVE IT TO US. 

18 BY MS. BURRELL 

19 



AND DID HE GIVE YOU THAT IN MAY OF 2008? 

20 



I THINK, YES. 

21 

MS. BURRELL: MAY I APPROACH, YOUR HONOR? 

22 

THE COURT: YES, YOU MAY. 

23 

MS. BURRELL: I HAVE HERE A DOCUMENT. IT'S A 

24 THREE-PAGE DOCUMENT. 

25 

THE COURT: HAS THAT BEEN MARKED? 

26 

MS. BURRELL: I'M SORRY. WE WILL MARK THAT AS 

EXHIBIT, 





27 

NUMBER THREE, YOUR HONOR. 

28 



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. 



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.) 

22 

23 

24 

THE CLERK: 

THE COURT: 

YOUR HONOR HAS THIS EXHIBIT (INDICATING)? 
I DO. 

~~ 
26 
27 
28 

(DOCUMENT HANDED TO THE WITNESS.) 



1 BY MS. BURRELL 




THE COURT: ALL RIGHT. 



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 -- 







10 
11 

(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. 

13 

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 





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. 



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. 

13 
14 
15 
16 
17 
18 

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. 

25 

26 

27 

28 



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.) 



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. 













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28 

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? 



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 




YES. 




I'M NOT SURE. 

BUT THERE WAS A HEARING AND YOU KNOW OF THAT 

3 HEARING? 





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; 



13 ISN'T THAT CORRECT? 

14 
15 




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 




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 



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 





THE COURT: WHAT ARE WE LOOKING AT? 

MR. LAK: WE'RE LOOKING AT WHAT PETITIONER HAS MARKED 

(DOCUMENT HANDED TO THE WITNESS.) 




3 DIRECT EXAMINATION 

4 BY MR. LAK 





MS. FULLER 
YES. 

-- WERE YOU PRESENT WHEN THAT DOCUMENT YOU'RE 

8 HOLDING IN YOUR HAND WAS SIGNED? 


10 
11 
12 
13 








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 



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 




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 




JANET ALEXANDER. 

IS THAT JANET ALEXANDER THE SAME MS. ALEXANDER 

27 THAT YOU'RE REFERRING TO? 

28 



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. 



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 









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 



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 

17 

18 

19 

20 

21 

22 

THE COURT: YES. 

23 BY MR. LAK 

24 



(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 





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 






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. 







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 




17 THAT TIME? 

18 
19 




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 




HE WAS STILL MAD. 

AND WHAT DID HE -- DID HE GIVE ANY INSTRUCTIONS 

24 AT THAT TIME? 

25 



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 



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 



OKAY. 

25 AND THEN AFTER THE QUESTIONING BY THE BANK 

26 EMPLOYEE, THE BANK EFFECTED THE WITHDRAWAL; IS THAT CORRECT? 

27 
28 




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. 



8 (DOCUMENT HANDED TO THE WITNESS.) 



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 






YES. 

IS THAT THE SAME AS THE EXPIRATION DATE FOR THE 



DO YOU SEE ON THAT WITHDRAWAL SLIP AN EXPIRATION 

2 DATE OF THE IDENTIFICATION CARD? 




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 



IS IT YOUR TESTIMONY THAT YOUR FATHER CAME TO 

21 LIVE WITH YOU APPROXIMATELY MAY OF 2008? 

22 



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 



WHY WAS YOUR HOUSE CHOSEN FOR YOUR FATHER TO GO 

26 LIVE AT? 

27 



I'D JUST SAY I WAS BETTER ABLE TO TAKE CARE OF 

28 MY FATHER. 

26 











10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 

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 











10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 

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 











10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 

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 











10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 

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? 




YES. 

DID HE TELL YOU WHY HE WANTED TO TAKE IT OUT OF 

THE BANK? 





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?     


10 




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 
16 
17 








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 



MR. RANDALL: NOTHING FURTHER. 

YES. 

MR. LAK: I JUST HAVE A COUPLE FOLLOW-UP QUESTIONS. 

THE COURT: HOLD ON. GO AHEAD. 

27 



26 BY MS. BURRELL 

MS. FULLER, YOU CARED FOR YOUR FATHER DURING 

28 THAT 15 MONTHS TIME PERIOD, DIDN'T YOU? 

33 











10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 

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 









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 



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 








THE COURT: YES? 

THE WITNESS: YES. I'M SORRY, I'M SORRY. 





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 







6   MORNING.   
7     
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18     
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23     
24     
25     
26     
27     
28     

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 



______ ~==-=~~~~~=_--' CSR #9249 

OFFICIAL REPORTER 



FOR THE COUNTY OF LOS ANGELES 

3 DEPARTMENT CE-99 

HON. MARVIN M. LAGER, JUDGE 



IN RE THE MATTERS OF 



CASE NOS. BP 122665 
BP 099211 

6 THELSEY L. FULLER TRUST 
AND 

7 EDWINA FULLER CONSERVATORSHIP 

REPORTER'S 
CERTIFICATE 





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. 

18 

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