28 February 2013
27 February 2013
Elder Abuse
We direct your attention to the top hits on this Blog in the left hand column... "Popular Posts"
We were told to seek a civil remedy.
Mean while back at the Ranch... a snap shot of the most populace state in the Union.
CALIFORNIA BAR JOURNAL, ATTORNEY DISCIPLINE
http://www.calbarjournal.com/November2012/AttorneyDiscipline/Disbarments.aspx
"December2012"
"January2013"
"THIS AIN'T NO GAME SHOW!"
25 February 2013
"a couple pair of shoes"
No wardrobe?
17 Q All right. The second item there says, "The
18 personal property located at 16219 South Bradfield
19 Avenue in Compton."
20 Do you see that?
21 A Yes.
22 Q Did your father leave any personal property,
23 have any personal property at your house?
24 A He had some movies, and some clothes, and a
25 watch, and his television -- a small N.
Page 54
1 Q Were the household furniture and furnishings
2 yours?
3 A Yes.
4 Q Did he own any household furniture and
5 furnishings?
6 A Yes.
7 Q Were they at the 12th Street property?
8 A Yes.
9 Q Is there any personal property that belongs to
10 your property at Bradfield right now?
11 A Yes.
12 Q And what is that?
13 A His -- a couple pair of shoes, his bathrobe,
14 his shaver, a suit, and a watch.
15 Q Take a look at Item No. 4. It says -- it
16 simply says, "The Citibank account."
17 A Uh-huh.
18 Q Did your father have more than one Citibank
19 account? Do you know?
20 A I don't know.
21 Q Did you ever take him to Citibank to bank?
22 A A couple of times.
23 Q "A couple," as in two?
24 A Two or three times.
25 Q Have you received any of your father's property
Page 55
1 or any of the items that are listed here in this trust
2 since his death?
3 A Have I received?
4 Q I'll be specific.
5 Have you received anything from the Citibank
6 account since your father's death?
7 A No.
DEPOSITION & TESTIMONY OF ELDER ABUSER, PATHOLOGICAL LIAR - DORIS FULLER STEWART aka DORIS FULLER
See also:
http://benamarine.blogspot.com/2013/02/robert-lewis-fuller-aka-buddha.html
http://benamarine.blogspot.com/2012/08/follow-money.html
22 February 2013
California Attorney General Kamala Harris’ Elder Abuse “Crackdown”
California Attorney General Kamala Harris’ Elder Abuse “Crackdown” Hits Small Fries, Spares Wealthy Nursing Home Owners
By Elder Abuse Exposed.com
February 22, 2013
Summary of article:
California Attorney General Kamala D. Harris and her chief elder abuse prosecutor in the Department of Justice, Deputy Attorney General Mark L. Zahner, are prosecuting a Sacramento small-fry caregiver for elder abuse and manslaughter after the death last year of an 88-year-old woman who suffered severe bedsores and sepsis but spare a wealthy, politically connected, corporate-owned nursing home.
Outline of article:
1. Attorney General Kamala Harris filed felony elder abuse and manslaughter charges last week against a Sacramento elder caregiver.
2. Elder abuse expert says disparity in AG Harris’ elder abuse prosecutions is biased against small-fry criminals, spares corporate-owned nursing homes.
3. Elderly victim died from sepsis due to neglected bed sores, says Justice Department’s go-to medical consultant, Dr. Kathryn Locatell.
4. DOJ’s first-ever manslaughter case against elder caregiver follows AG Harris’ plan last year to crack down on elder abuse.
5. AG Harris’ bogus elder abuse “crackdown” is a sham and publicity stunt, says Elder Abuse Exposed.com.
6. AG Kamala Harris files elder abuse charges against “low-hanging fruit,” not wealthy nursing home owners.
7. Defendant in AG Kamala Harris’ first-ever manslaughter case against elder caregiver is a vulnerable small fry.
8. DOJ relies on its medical consultant, Dr. Kathryn Locatell, to write reports justifying criminal prosecutions against non-wealthy easy pickings.
9. Kathryn Locatell wrote a DOJ-requested “medical report” contradicting a DOJ special agent’s recommendation to prosecute elder neglect in a wealthy, politically connected nursing home.
10. State nursing home inspectors, DOJ special agent, and emergency medical services (EMS) expert found nursing home neglect during elderly patient’s emergency and death.
11. DOJ Bureau of Medi-Cal Fraud and Elder Abuse (BMFEA) special agent who recommended criminal elder abuse prosecution is highly qualified, veteran EMS expert.
12. Deputy AG Melissa Biederman rejected DOJ BMFEA special agent and EMS expert’s recommendation to prosecute elder neglect in a wealthy, politically connected nursing home.
13. Kathryn Locatell wrote Mark Zahner-requested “medical report” contradicting a CDPH class “B” citation and fine, DOJ special agent’s crime report, nursing case law, and CPR standards.
14. DOJ’s chief elder abuse prosecutor, Mark Zahner, relied on Dr. Locatell’s “report” to reject DOJ BMFEA special agent’s recommendation to prosecute nursing home neglect.
15. Responding to Kamala Harris’ bogus “crackdown” on nursing home abuse, Elder Abuse Exposed.com exposes facts about Harris, BMFEA, Mark Zahner, and Kathryn Locatell.
You can read the full article on our blog here:
21 February 2013
20 February 2013
19 February 2013
Rise in senior-abuse cases prompts D.A. to step up to protect elderly
Not in L.A. baby!
MENSAH M. DEAN, Daily News Staff Writer deanm@phillynews.com, 215-568-8278
POSTED: Tuesday, February 19, 2013, 3:01 AM
ALICE THURNAU never left the hospital after suffering brain bleeding and a broken arm, hip, ribs, eye socket and sinus bone when she was knocked to the sidewalk in front of her Port Richmond home while being robbed of her purse.
Esther Ayodele had no signs of life when paramedics found her at her son's Germantown home. The medical examiner found 273 bruises, and wounds on every part of her 5-foot-2, 98-pound body.
Iris Galarza looked like a homeless drifter as she walked the streets of Kensington with plastic bags on her feet and reeking of urine. She had a home, but a woman she trusted was stealing her Social Security checks, resulting in Galarza's living in squalor and having to beg a store owner for food, authorities said.
These three women had one thing in common: old age. Thurnau was 90. Ayodele was 82. Galarza, who is deaf and has dementia, is 89.
In Philadelphia and across the nation, elder abuse - physical, financial, sexual or by neglect - is a growing problem, yet it dwells in the shadows of the better-publicized crimes of child abuse and domestic abuse, advocates say.
"Elder abuse here and everywhere is a hidden problem, and it's only going to get bigger, given the demographics of the baby boomers," said Joseph Snyder, of the Philadelphia Corporation for Aging (PCA), a nonprofit agency that investigates abuse allegations and works to keep the elderly in their homes.
Its director, Deborah Cooper Nixon, tapped by D.A. Seth Williams in December, has been with the office for 21 years, most recently as a homicide prosecutor.
"I think the time is now for elder abuse. I think that people are really looking at this epidemic and asking, 'Why?' They're asking, 'How can we roll up our sleeves and help?' " said Nixon, 48, holding up a thick stack of papers containing the names of hundreds of abuse victims age 60 and older with active cases in the D.A.'s office.
"I personally feel that elder abuse is heinous, and it's something that we as a society have to do more to stop," Nixon added.
Read more:
http://www.philly.com/philly/news/local/20130219_Rise_in_senior-abuse_cases_prompts_D_A__to_step_up_to_protect_elderly.html
18 February 2013
Trisha Goddard, Let's Do A Show
Re: DNA
We'd like to know who are the offspring of Mr. Thelsey L. Fuller and Mrs. Edwina J. Fuller and who isn't.
Of this union it is alleged and believed that three of the five children are not the children of Thelsey and one of those is not the child of either but, rather switched at birth.
http://www.thetrishashow.com/be-a-guest/#
"Check your email."
Please help.
17 February 2013
Crown Victoria, roll on Daddy, roll on...
http://photos.aaca.org/files/6/0/3/3/4/1956_ford_fairlane_crown_victoria_skyliner_2-door_coupe-_white_over_yellow_-_rvl.jpg
http://aaca.org/
15 February 2013
Constant Victim
We live in a cruel abandoned society. The police, the Courts, Hospitals, Drug companies, Lawyers, long term care facilities, and the relatives of the old and disabled are the enemies now. God forbid you worked and saved your whole life saving money for a rainey day as our parents taught us rightly to do but now you are a target for all of them. They all want their piece of the action, they want your money, your insurance money, they want your home you worked your life to pay for. Beware the relatives first as they will be the ones to come to help, themselves!!
I have seen it way too many times and heard more horror stories than I care to remember. They are the helpless, the sick, the old, the targets of new society against the old, and like cowards they only come when you are down and can not defend yourself.
My friends mother became ill and was hospitalized for a month. Her daughter came from far away to help herself to what she could and soon had her mother sign over executor of her estate with the guize of helping her sick mother and make GOOD decisions for her health.
This poor woman was now at the mercey of her daughter and soon found that she was only interested in getting every last pennie she had saved her whole life. Her daughter hired a family friend, haha, a Lawyer who soon had legal documents stateing she could not take care of herself at home. When she was ready, well enough to go home and so much wanting the comfort of her home that she had made for 30 years or more of her life she was denied, it was NOT her choice anymore. She was sent to an old age home to a small room with nothing except the cold, clean sterile walls of the institution she was now confined to.
Read more:
http://www.metrowestdailynews.com/lifestyle/health/x1522321741/Cross-Elder-abuse-a-very-serious-topic#ixzz2Kyihimof
12 February 2013
"No One Gives A $hit!"
http://benamarine.blogspot.com/2010/11/commitment-to-daddy.html
"THIS AIN'T NO GAME SHOW!"
Elder Abuse, Financial Elder Abuse, Fraud, Undue Influence, etc.
10 February 2013
Elder Abuse — Society’s Hushed Secret
Jerry Davich: Elder abuse — society’s hushed secret
The frail 65-year-old woman cowered in a corner of a bedroom. Her lips quivered. Her eyes welled with tears.
When Portage police arrived at her home last Sunday night, she was noticeably frightened and intimidated by the other person in the bedroom.
It wasn’t a thief.
It wasn’t a rapist.
It wasn’t even a stranger.
It wasn’t a thief.
It wasn’t a rapist.
It wasn’t even a stranger.
It was her 38-year-old daughter...
Read more here:
http://posttrib.suntimes.com/news/davich/18074632-452/jerry-davich-elder-abuse-societys-hushed-secret.html
http://posttrib.suntimes.com/news/davich/18074632-452/jerry-davich-elder-abuse-societys-hushed-secret.html
When we first reported our concerns to the authorities, Mr. & Mrs. Thelsey L. Fuller were still alive.
FBI Letter -- Re: Thelsey L. Fuller
The abusers have thus far gotten away with their crimes, how sad.
The abusers have thus far gotten away with their crimes, how sad.
09 February 2013
1916 N. Belhaven Ave, Why I Saved a Screen Shot
They've corrected the listing with the correct image of the property but, that would have been after they told the 75 year old disabled daughter of Mr. Thelsey L. Fuller and Mrs. Edwina J. Fuller to...
GET OUT!
Doris's daughter, Ijnanya Zavala is living at 8625 S. 12th Ave., Inglewood, CA. 90305 rent free for as long as she likes. Also, listed at this address is "Wagoner" and "Montez." Who the hell are they? No one is forcing the sale of this property.
If you followed this blog than you know that Doris Aleda Fuller a.k.a. Doris Fuller Stewart and Robert Lewis Fuller have been found by the Court to have committed undue influence, fraud and financial abuse and against Mr. Thelsey L. Fuller. They were ordered to turn over all assets that belonged to Mr. Thelsey L. Fuller and to repay his estate in excess of $235,000.00 with over $207,000.00 of that amount belonging to the Estate of Mrs. Edwina J. Fuller.
Mocking the court and the family of the late Mr. & Mrs. Thelsey L. Fuller... defendants, Robert Lewis Fuller and Doris Aleda Fuller a.k.a. Doris Fuller Stewart are defiant and have refused to obey the orders of Judge Marvin M. Lager to this day.
There's a phrase that comes to mind... "the elephant in the room."
08 February 2013
Phyllis Roberts was financially wiped out by one of her sons
By Kerry Kavanaugh
DULUTH, Ga. — A local family is speaking out after their elderly mother lost her home and all her money, but died before the case ever went to trial.
The woman's son has been in the Gwinnett County Jail for nearly two years, accused of stealing nearly $400,000.
"She was devastated. She could not understand why she had to leave her home," Nan Roberts told Channel 2's Kerry Kavanaugh. Roberts said her mother-in-law suffered through her final days.
"She was terrorized," Fred Roberts said about his mother, Phyllis Roberts.
Duluth police said Phyllis Roberts was financially wiped out by another of her sons, Steven Lee Roberts.
Investigators said Steven Lee Roberts gave himself power of attorney, took close to $400,000 and took off to California.
"She never could comprehend that the money was gone," Nan Roberts said.
The family said she saved her entire life to afford the care required to die at home. She passed away in a nursing home.
Read more: http://www.wsbtv.com/news/news/local/family-speaks-out-after-mother-becomes-victim-elde/nWJg4/
Calif. AG’s Elder Abuse Prosecutors Condoned Sun Healthcare Nursing Home Deaths, Says Victim’s Daughter
By Elder Abuse Exposed.com
February 8, 2013
Calif. Dept. of Justice’s Bureau of Medi-Cal Fraud and Elder Abuse failed to prosecute Sun Healthcare nursing home deaths, says victim’s daughter
Newport Beach, California resident Deborah S. Calvert has sent Elder Abuse Exposed.com her firsthand, personal story and primary source documents detailing the elder abuse and death reports she filed on behalf of her mother, Evelyn Calvert, and other neglected nursing home residents with prosecutors in the California attorney general’s Bureau of Medi-Cal Fraud and Elder Abuse (BMFEA).
Deborah Calvert sent elder abuse reports to and spoke on the telephone with then-Deputy Attorney General Claude W. Vanderwold in the BMFEA’s office in Sacramento, California in 2003. But it is important to note that Mark Zahner has been BMFEA’s chief of prosecutions in Sacramento from at least sometime in 2003 to the present in 2013. So, this means that 10 years after Deborah Calvert first contacted Mark Zahner’s BMFEA office in Sacramento, critics are still saying that California Attorney General Kamala Harris’ BMFEA and Mark Zahner are failing to file criminal elder abuse charges against the principal malefactors, the profit-obsessed nursing home owners who are directly responsible for understaffing and the widespread practice of patient records falsification, which predictably lead to systemic and chronic nursing home abuse.
In Deborah Calvert’s elder abuse victim story and reports, which she also filed with other state agencies, including Jacqueline Lincer at the California Department of Health Services and later at California Department of Public Health’s (CDPH) Licensing and Certification Program, Ms. Calvert made the following allegations (all quotations are Deborah Calvert’s):
...
You can read the full article here:
06 February 2013
Forced Sale of Fuller Estate Asset
Forced Sale of Fuller Estate Asset
This home is currently the residence of the 75 year old disabled daughter of Thelsey L. Fuller and Edwina J. Fuller (both deceased) she being their first born.
Is she to be thrown out into the streets?
How exactly is it that a judge can order the sale of an estate asset if all of the heirs are not in agreement to sale!?
THIS IS NOT 1916 N. Belhaven Ave. Los Angeles CA. 90059
THIS IS:
1916 N. Belhaven Ave, Los Angeles, CA 90059
This home is currently the residence of the 75 year old disabled daughter of Thelsey L. Fuller and Edwina J. Fuller (both deceased) she being their first born.
Is she to be thrown out into the streets?
How exactly is it that a judge can order the sale of an estate asset if all of the heirs are not in agreement to sale!?
Also, Robert and Doris Fuller are still in control of 8625 S. 12th Ave, Inglewood, CA 90305, they have yet to repay the estate in excess of $235,000.00 in direct violation of the orders given by the court.
Yep, and as far as all concerned (unconcerned) are... the condo in Playa Del Rey at 8707 Falmouth Ave #308 does not exist.
The home in the photo below is posted on several real estate sites as to depict 1916 N. Belhaven Ave and listed for sale.
THIS IS NOT 1916 N. Belhaven Ave. Los Angeles CA. 90059
THIS IS:
1916 N. Belhaven Ave, Los Angeles, CA 90059
06 FEB 13 - THE BULLSHIT GETS DEEPER!
05 February 2013
Psalms 73 - The Fate of the Wicked
"The Fate of the Wicked"
Psalm 73
| |||||
| 1 | Truly God is good to Israel,
| ||||
| 2 | But as for me, my feet were almost gone;
| ||||
| 3 | For I was envious at the foolish,
| ||||
| 4 | For there are no bands in their death:
| ||||
| 5 | They are not in trouble as other men;
| ||||
| 6 | Therefore pride compasseth them about as a chain;
| ||||
| 7 | Their eyes stand out with fatness:
| ||||
| 8 | They are corrupt, and speak wickedly concerning oppression:
| ||||
| 9 | They set their mouth against the heavens,
| ||||
| 10 | Therefore his people return hither:
| ||||
| 11 | And they say, How doth God know?
| ||||
| 12 | Behold, these are the ungodly,
| ||||
| 13 | Verily I have cleansed my heart in vain,
| ||||
| 14 | For all the day long have I been plagued,
| ||||
| 15 | If I say, I will speak thus;
| ||||
| 16 | When I thought to know this,
| ||||
| 17 | until I went into the sanctuary of God;
| ||||
| 18 | Surely thou didst set them in slippery places:
| ||||
| 19 | How are they brought into desolation, as in a moment!
| ||||
| 20 | As a dream when one awaketh;
| ||||
| 21 | Thus my heart was grieved,
| ||||
| 22 | So foolish was I, and ignorant:
| ||||
| 23 | Nevertheless I am continually with thee:
| ||||
| 24 | Thou shalt guide me with thy counsel,
| ||||
| 25 | Whom have I in heaven but thee?
| ||||
| 26 | My flesh and my heart faileth:
| ||||
| 27 | For, lo, they that are far from thee shall perish:
| ||||
| 28 | But it is good for me to draw near to God:
| ||||
04 February 2013
DEPOSITION & TESTIMONY OF ELDER ABUSER, PATHOLOGICAL LIAR - DORIS FULLER STEWART aka DORIS FULLER
DEPOSITION & TESTIMONY OF DORIS ALEDA FULLER aka DORIS FULLER STEWART
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, )
)
VS. ) No. BP 099211
10 )
11 THELSEY FULLER, et al., )
)
Respondents. )
12
13
14
15 DEPOSITION OF DORIS A. FULLER
16 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 - - - - - - - - - ---------- )
STEVEN FULLER, )
8 )
Conservator, )
9 )
vs. ) No. BP 099211
10 )
THELSEY FULLER, et al., )
11 )
Respondents. )
12 ----------------------------- )
13
14
15
16 Deposition of DORIS A. FULLER, a Respondent, taken
17 on behalf of the Conservator Steven Fuller, at 3333
18 South Brea Canyon Road, Suite 121, Diamond Bar,
19 California, commencing at 1:35 p.m., on Friday,
20 February 18, 2011, before Lisa T. Owen, CSR No. 4475.
21
22
23
24
25
Page 2
1 APPEARANCES:
2
3 FOR CONSERVATOR STEVEN FULLER:
4 SYBIL YVONNE BURRELL, ESQ.
333 South Grand Avenue
5 25th Floor
Los Angeles, California 90071
6 (213) 572-3700
7
8 FOR RESPONDENTS:
9 THE LAW OFFICES OF DANIEL K. LAK
BY: DANIEL LAK, ESQ.
10 18101 Von Karman Avenue
Suite 330
11 Irvine, California 92612
(949) 225-4477
12
13
ALSO PRESENT:
14
STEVEN FULLER
15 SANDRA ARNOLD
16
17
18
19
20
21
22
23
24
25
Page 3
1 INDEX
2
3WITNESS: DORIS A. FULLER
4 EXAMINATION PAGE
5 BY MS. BURRELL 6, 63
6 BY MR. LAK 59
7
8
9
10
11
12 EXHIBITS:
13 DEPOSITION
NUMBER DESCRIPTION PAGE
14
1- Notice of Deposition and Demand to Produce 12
15 Documents Thereat; 7 pages
16 2- Citibank Consumer Power of Attorney and 31
Notice - For California Residents; 3 pages
17
3- Photocopies of checks; 2 pages 43
18
4- Amended Petition to Determine Title 47
19 Pursuant to Probate Code Sections 850,
855, and 859; 8 pages
20
5- Joint Tenancy Grant Deed; 1 page 49
21
6- Quitclaim Deed; 3 pages 50
22
7- Thelsey S. Fuller Revocable Trust; 22 pages 51
23
8- Amendment to Thelsey S. Fuller Revocable 56
24 Trust; 5 pages
25
Page 4
1 INDEX (Continued):
2
3
4
5
6 INFORMATION TO BE SUPPLIED:
7 (NONE)
8
9
10
11
12 QUESTIONS WITNESS INSTRUCTED NOT TO ANSWER:
13 (NONE)
14
15
16
17
18
19
20
21
22
23
24
25
Page 5
1 DORIS A. FULLER,
2 having been first duly sworn, was
3 examined and testified as follows:
4
5 MS. BURRELL: All right. We're on the record
6 in the matter of the conservatorship of Edwina Fuller,
7 L.A. Superior Court Case BP 099211.
8 Present for the deposition is the deponent,
9 Doris Fuller, her attorney, Daniel Lak; also present is
10 Sybil Burrell. I'm taking the deposition of Doris
11 Fuller. I'm the attorney for Steven Fuller, who is also
12 present; and also present is Sandra Arnold, a party to
13 the litigation.
14
15 EXAMINATION
16 BY MS. BURRELL:
17 Q Ms. Fuller, state your full name for the
18 record, would you, please?
19 A Doris A. Fuller.
20 Q And the "A" stands for?
21 A Aleda.
Q Ms. Fuller, have you ever had your deposition
23 taken before?
24 A I don't remember if I have or not.
25 Q All right.
Page 6
1 A Not with you.
2 Q All right. Let me say a few things. First of
3 all, my name is Sybil Burrell.
4 A Hello.
5 Q I'm the attorney for Steven Fuller, your
6 brother. I'm going to give you a few instructions about
7 depositions --
8 A Okay.
9 Q -- so that it will move smoothly.
10 The first thing to know is that even though
11 we're in an informal setting, where I'm here in relaxed
12 clothes, there's no judge here, we're not in a
13 courtroom, even though that's the case, this is a court
14 proceeding in the sense that I ask you -- when I ask you
15 questions, and you give responses, the responses that
16 you're giving are going to be under oath --
17 A Yes.
18 Q -- just as if you were in a courtroom.
19 A Yes.
20 Q And because of that, you have the same
21 obligation to be truthful with me here as you would in a
22 court of law.
23 Do you understand that?
24 A Yes.
25 Q All right. So the young lady that's here is
Page 7
1 going to -- is the court reporter. And she's going to
2 take down everything that we say. She'll take down my
3 questions and your responses.
4 There's a few rules about that First of all,
5 she needs -- she can only take down audible responses.
6 A Yes.
7 Q All right. So that means that you have to
8 answer with a word. She can't take down uh-huhs and
9 huh-uhs.
10 A Yes.
11 Q Do you understand that?
12 A Yes.
13 Q All right. The other thing is she's going to
14 need for one of us to speak at a time. So if I ask you
15 a question, and you think you might already know the
16 answer, and you might be inclined to answer before I
17 finish, like you might do in regular conversation,
18 that's a problem for her. So what she would like us to
19 do is speak one at a time. I'll ask a question; let me
20 ask the question completely before you answer; I'll do
21 the same for you; I'll let you give a complete answer
22 before I ask you another question.
23 Does that make sense?
24 A Yes.
25 Q All right. When this is done, the questions
Page 8
1 that I've asked and the answers that you've given will
2 be put into the form of a book called a transcript.
3 That transcript will be given to you and your lawyer at
4 some point And you'll have an opportunity to review it
5 and to make any changes to your testimony if you'd like
6 to. But you should know that any changes that you make
7 could be brought to the attention of the court at time
8 of trial. And that could be a bad thing for you.
9 Do you understand that?
10 A Yes.
11 Q Okay. One last thing; and this concerns
12 estimating and guessing. When I ask you a question, I'm
13 not -- you're not to guess at any answer. And I'm not
19 entitled to have you guess. On the other hand, I am
15 entitled to have you estimate, if you can, to answer a
16 question I have. So let me just give you an example of
17 the difference --
18 A Okay.
19 Q -- between an estimate and a guess. If I were
20 to ask you to tell me the length and width of this
21 table, you could take a look at it, and you could
22 basically estimate that it's 8 or 9 feet long and 4 or 5
23 feet wide, because you can see it, and you can make a
24 guess just using your common knowledge and understanding
25 of the size of things. That would be an estimate.
Page 9
1 A Uh-huh.
2 Q But if I were to ask you to tell me the size of
3 the desk in my office, you would have to guess because
4 you've never seen it.
5 A Okay.
6 Q Do you understand the difference between a
7 guess and an estimate?
8 A Yes.
9 Q Okay. How do you feel today?
10 MR. LAK: I have a couple of follow-on
11 comments, as well, Doris. It's important to keep in
12 mind that this is -- again, it's not an exam, like in
13 school, where there's a right and wrong answer. It's
14 just what you know. And it's very important to not
15 guess if you don't know. And, obviously, tell the truth
16 to the best of your recollection.
17 Sybil, may we get some water for the witness?
18 THE WITNESS: No, I have --
19 MR. LAK: Do you have water? Okay. Good. And
20 then, Doris, would be more comfortable if your purse was
21 on the floor?
22 THE WITNESS: No. I don't put my purse on the
23 floor. I'll put it up here.
24 BY MS. BURRELL:
25 Q If at any time you want to stop for water, to
Page 10
1 break a break to go to the bathroom, you just let me
2 know. Okay?
3 A Okay.
4 Q So is there any reason because of the way you
5 feel today or because of some medication that you may be
6 under that you don't feel we can proceed today?
7 A No.
8 Q Is your — do you feel sick or you have a
9 headache or anything?
10 A I have a headache every day.
11 Q I see. But does your headache that you have
12 today
13 A No.
14 Q — interfere, do you think, with your ability
15 to answer my questions?
16 A No.
17 Q All right. As I said, we'll incorporate breaks
18 when we need them.
19 (Interruption in the proceedings.)
20 MR. LAK: Let the record show that the original •
21 trust, durable powers of attorneys, wills, et cetera,
22 that was provided by the previous witness, Robert
23 Fuller, has been delivered back to Daniel Lak. And I'm
24 reviewing it briefly for its completeness. And all the
25 documents contained in the trust binder are complete.
Page 11
1 And it is now back in the possession of Daniel Lak.
2 MS. BURRELL: Thank you, Mr. Lak.
3 Q Ms. Fuller, I'm going to show you a document
4 It's entitled "Notice of Deposition and Demand to
5 Produce Documents." It has several pages. I'm going to
6 mark this as Exhibit 1.
7 (Deposition Exhibit 1 was marked for
8 identification.)
9 BY MS. BURRELL:
10 Q Do you recognize that document?
11 A I've seen something that looks like this.
12 Q Do you think you've seen this before?
13 A Yes.
14 Q This document not only was my request that you
15 be here for this deposition, but it also asks that you
16 bring several categories of documents with you.
17 Do you understand that to be the case with this
18 document?
19 A Yes.
20 Q Did you bring any documents today?
21 A No, I didn't.
22 Q Do you have any documents in response to this
23 request that you didn't bring?
24 MR. LAK: First, I'd like to get some
25 objections on the record to some of the things that have
Page 12
1 been requested, if I may. And
2 MS. BURRELL: What I'll let you do -- let's do
3 it in order, Mr. Lak. I'm going to go down that list,
4 and I'm going to ask whether she brought those things,
5 and you can object at that time.
6 Q So my question is still pending.
7 MR. LAK: Okay.
8 BY MS. BURRELL:
9 Q And my question is whether you -- you've
10 already testified that you didn't bring anything today.
11 A No, I didn't.
12 Q Okay. My question is, do you have documents in
13 response to these requests that you did not bring that
14 you have in some other place?
15 A Yes.
16 MR. LAK: I'd like to clarify the witness's
17 testimony, as well.
18 Did you bring this?
19 THE WITNESS: Robert brought it.
2 0 MR. LAK: Was it your understanding that this
21 was to -- in response to some of these?
22 THE WITNESS: Yes.
23 MR. LAK: Okay.
24 MS. BURRELL: Okay. Let's clarify that,
25 Mr. Lak. And, really, I wish you would indulge me and
Page 13
1 let us go in order because -- just so the record is
2 clear. The "this" that you've referred to is the
3 living — I think is the original estate plan of Thelsey
4 Fuller with a —
5 MR. LAK: I'll let you go in order
6 MS. BURRELL: Yeah. And then at any point, you
7 can just object.
8 MR. LAK: Sounds good.
9 MS. BURRELL: All right.
10 Q So let's take a look at this Exhibit No. 1.
11 And for each of these categories, Ms. Fuller, I want to
12 know whether you have any of the documents asked for,
13 even if you did not bring them today. So let's begin
14 with number 1. That's the original Thelsey S. Fuller
15 Revocable Trust, dated July 23rd, 2008.
16 I believe that's the document — is that the
17 document that you have brought, the one that your lawyer
18 has just described as you having -- or as Robert having
19 brought --
20 A Yes.
21 Q -- your brother having brought?
22 All right. So we will consider that one
23 supplied to me.
24 As to document No. 2, the original amendment to
25 the Thelsey S. Fuller Revocable Trust, is that part of
Page 14
1 that same book that you brought?
2 A I believe.
3 Q All right. Can you take a look at that? Let's
4 just do this correctly.
5 MR. LAK: At the book?
6 MS. BURRELL: Yes. I'm going to go down and
7 let's just have Ms. Fuller put on the record the fact
8 that she's complied or --
9 Q So the original amendment to the Thelsey S.
10 Fuller trust is in the document that you've supplied
11 here?
12 A I assume it is.
13 Q Okay. You should take a look. And then you
14 can answer my question about whether it is or isn't.
15 And, Mr. Lak, if you want to just help her with
16 it, that's fine. We'll move faster.
17 MR. LAK: I think the -- you know, the document
18 request asked for originals. There's only one set of
19 originals. Therefore, Robert Fuller would be the only
20 person who could have brought it, because he had it with
21 him; he was the one who produced it so --
22 MS. BURRELL: I understand. I understand.
23 Q All right. So then, for the record, the book
2 4 that was brought by your brother complies with Requests
25 No. 1, 2, 3, and 4 of the document requests.
Page 15
1 Would you agree with that Mr. --
2 MR. LAK: Yes.
3 MS. BURRELL: Lak?
4 MR. LAK: Yes.
5 MS. BURRELL: All right. So then we can move
6 on to Item No. 5 on the list.
7 MR. LAK: I'll take that book back, Doris.
8 Thank you.
9 BY MS. BURRELL:
10 Q Item No. 5, Mrs. Fuller, asks you to bring
11 originals or copies of any financial statements for any
12 financial accounts that were held by Thelsey S. Fuller
13 or Thelsey L Fuller.
14 Do you have any bank statements or financial
15 statements anywhere?
16 A Yes.
17 Q You do?
18 A Uh-huh.
19 Q All right. Have you -- and where are those?
20 A In my garage.
21 Q All right. This demand asks that you produce
22 those.
23 So will you produce those to your attorney, so
24 that he can produce those in response to this demand?
25 MR. LAK: And the -- we discussed this item.
Page 16
1 In the garage -- in Doris's garage are about 100, 200
2 boxes, and it is completely -- it's like a storage
3 facility. And we were not able to -- in order to get to
4 those statements -- they're in there somewhere -- we
5 would have needed to clean out the entire garage, et
6 cetera. I think the more expeditious way is to subpoena
7 them from Gtibank. Otherwise, we'll need more time to
8 clean out the garage. We're going to need about 30 days
9 to get that done.
10 MS. BURRELL: All right. Well, here's how
11 we'll leave this, Mr. Lak, and Ms. Fuller, if we all
12 agree to this, that Ms. Fuller will endeavor to obtain
13 those documents from her garage, because there they are;
14 so that I can know what it is that she has; and if it
15 takes 30 days, then 30 days it will be. 30 days from
16 today would be the 18th of March.
17 Q So can we agree that by the 18th of March,
18 assuming that's not a weekend, Mrs. Fuller, you'll
19 produce the financial --
20 A Ms. Fuller.
21 Q -- Ms. Fuller, you'll produce to your attorney
22 all the financial statements and financial accounts held
2 3 by Thelsey S. Fuller or Thelsey L Fuller in response to
24 Item No. 5 on this demand?
25 A I'll start looking for them.
Page 17
1 Q All right
2 MR. LAK: And so stipulated, Counsel.
3 And just for the record, March 18th is a
4 Friday. So that should not be a problem whatsoever.
5 MS. BURRELL: That's fine. All right.
6 Q Item 6 makes a similar request, Ms. Fuller, for
7 financial statements and financial accounts, but this
8 one requests -- I'm sorry. Just one second. Oh, this
9 requests accounts that are held for Thelsey S. Fuller or
10 Thelsey L Fuller's benefit. So that would be any
11 accounts that you have that are maybe not entitled
12 "Thelsey S. Fuller," but that contain money that belongs
13 to him.
14 Do you have -- is there any such account --
15 A No.
16 Q -- first of all?
17 A Not to my knowledge.
18 Q All right. No. 7 makes a similar request, but
19 this time it requests financial statements that are held
2 0 for the benefit of Thelsey S. Fuller's Revocable Trust
21 Do you have any such documents?
22 A What?
23 Q This would be for bank statements and financial
24 statements held for the benefit of the trust.
25 Do you have any such documents?
Page 18
1 A I have checks from his checking account.
2 Q All right
3 A I don't believe I have anything from --
4 Q On behalf of the trust?
5 A No.
6 Q But can we agree that you'll look for items
7 that comply?
8 A I don't think I've ever had any -- I'll look.
9 Q All right
10 A I'll look, because I'm not really understanding
11 what you're asking me.
12 Q Well, here's the gist of it: We're making an
13 agreement that you will look for the documents that
14 comply with Item No. 7. So when this is over, you will
15 go and discuss Item No. 7's demand with your attorney;
16 and if you have anything, you'll supply it by March
17 18th. That's all we have to agree to at this point
18 MR. LAK: We'll agree to that.
19 MS. BURRELL: Is that —
20 MR. LAK: That's correct. But I'd also like
21 the record to show that Ms. Fuller has looked. And we
22 will look again.
23 MS. BURRELL: And on March 18th, you and
24 Ms. Fuller will report to me that you have something;
25 you've searched, and you have something; or you don't
Page 19
1 have something.
2 MR. LAK: Exactly.
3 MS. BURRELL: All right. All right.
4 Q Ms. Fuller, do you have any original deeds
5 to -- or the original deed or deeds to the property at
6 16219 South Bradfield Avenue in Compton?
7 MR. LAK: We're objecting to that document
8 request on the grounds of relevance.
9 MS. BURRELL: Well, it's -- your objection is
10 noted. But it's listed as an asset on Mr. Fuller's
11 trust, as we'll get to. So I believe --
12 MR. LAK: You can answer the question, Doris.
13 MS. BURRELL: -- it's relevant.
14 THE WITNESS: That is not true. That was a
15 mistake.
16 BY MS. BURRELL:
17 Q Well, we'll get there.
18 MR. LAK: Doris, just answer the question that
19 she's asking.
20 BY MS. BURRELL:
21 Q We'll get there.
22 A Okay.
23 Q I'm just asking for now whether you have a copy
24 of the original deed for that property?
25 A Somewhere.
Page 20
1 Q Okay. Will you look for that and supply me
2 with -- a copy will be fine -- by March 18th, when you
3 supply the rest of the documents?
4 A I'll look.
5 Q Okay.
6 MR. LAK: And just to -- so the witness
7 understands, Doris, she's looking for the original; so
8 it would have to have an original signature.
9THE WITNESS: I haven't seen that in 40
10 years.
11 MR. LAK: Okay.
12 MS. BURRELL: I will accept an original -- as
13 you can see on Item 8, it says an original or a copy if
14 no original is available. A copy would be just fine.
15 MR. LAK: Well, the witness has just stated she
16 hasn't seen the deed for 40 years. So --
17 MS. BURRELL: All right. Mr. Lak, if you have
18 an objection, then I'll take that. Otherwise, I think
19 it's really simple; we're either going to be able to
20 produce these documents by March 18th, or you're going
21to be telling me you just can't get it, and that will be
22 fine.
23 MR. LAK: let the witness speak for
24 herself on this one.
25 MS. BURRELL: All right.
Page 21
1 MR. LAK: On this one, I don't think she's
2 going to find it.
3 Doris, am I wrong?
4 THE WITNESS: I don't know where it is. I
5 moved into that house in '72 or '73.
6 MS. BURRELL: All right. I'm not going to let
7 this deposition devolve into a back and forth that won't
8 get us anywhere.
9 Q I simply want to agree to one thing; and that
10 is, that between today and March 18th, Ms. Fuller, you
11 will look for the deed that transferred from Bradfield
12 into the trust, as Item 8 says -- as Item 8 says. And
13 if you can provide a copy, that's fine; if you can't
14 provide a copy, that's also fine. We're only agreeing
15 that you will look; and if you find one, you'll do it by
16 March 18th.
17 Can we agree to that?
18 A No, because there is no copy that transferred
19 Bradfield into the trust.
20 Q Okay. Let's move on.
21 MR. LAK: I'd like to just take a five-minute
2 2 break, if we could. Let's go off the record.
23 MS. BURRELL: Okay. Let's go off the record.
24 (Brief recess taken.)
25 MR. LAK: Back on the record.
Page 22
1 BY MS. BURRELL:
2 Q All right. Ms. Fuller, when we went off the
3 record, we were talking about Item No. 8 on page 3 on
4 the Notice of Deposition and Demand to Produce.
5 Do we have an agreement that you will look for
6 this -- the original deed that conveys the property on
7 Bradfield Avenue to the Thelsey Fuller trust and provide
8 me with a copy, if you find one, by March 18th of this
9 year?
10 A Yes.
11 Q Okay. Item No. 9 asks for the same thing; it
12 asks for an original the original or a copy, if no
13 original is available, of the deed that conveys the
14 property located at 8625 South 12th Avenue in Inglewood
15 to or from the Thelsey S. Fuller -- to or from
16 Thelsey S. Fuller, to or from Thelsey L. Fuller or to
17 his trust.
18 Do you think you even have that deed?
19 A No.
20 Q All right. On Item No. 10, did you ever pay
21 any expenses on behalf of Thelsey S. Fuller or
22 Thelsey L. Fuller after January 1 of 2007? That would
23 have been about three and a half years ago. Did you
24 ever pay any bills for him?
25 A Yes.
Page 23
1 Q You did? Do you have receipts for bills you
2 paid for him?
3 A Yes.
4 Q Okay. Will you supply those -- copies of
5 those, as well, through Mr. Lak by March 18?
6 A Yes.
7 Q Okay.
8 MR. LAK: And those are going to be under the
9 same discussion as the boxes in the garage so --
10 MS. BURRELL: That's fine.
11 MR. LAK: That's the reason for -- they were
12 not timely produced.
13 BY MS. BURRELL:
14 Q All right. Did you ever spend any of -- or did
15 you ever any income -- Item No. 11, did you ever receive
16 any income on behalf of Thelsey L Fuller after
17 January 1 of 2007?
18 MR. LAK: I'm going to object to the way that
19 the question is phrased; the term "income" is vague and
20 ambiguous. If you could --
21 MS. BURRELL: Well, I don't know what income it
22 would be. It would be, actually, for Ms. Fuller to tell
2 3 me. So I have to use a broad term.
24 MR. LAK: Well, "income" is specifically --
25 it's a term of art when it comes to the tax code.
Page 24
1 There's classifications of income; there's gifts. I
2 think what you're asking is, you know, did you
3 receive -- I don't know what you're asking, but I'm just
4 saying that that term is ambiguous and vague. If you
5 could rephrase.
6 BY MS. BURRELL:
7 Q All right. Did you receive any money on behalf
8 of Thelsey L. Fuller after January 1 of 2007?
9 MR. LAK: And, again, I hate to be a stickler.
10 But the question is vague and ambiguous.
11 MS. BURRELL: No. Money is just --
12 MR. LAK: On -- it's vague and ambiguous as to
13 "on behalf of Thelsey." Are you asking from Thelsey or
14 for his benefit?
15 MS. BURRELL: On behalf -- on his behalf; for
16 his benefit, perhaps, but on his behalf.
17 Q Do you have any money that was ever given to
18 you that belonged to your father?
19 A Say that again.
2 0 Q You know, I'm happy with my question.
21 MR. LAK: I'm not.
22 BY MS. BURRELL:
2 3 Q Was there a time after January 1 of 2007 that
24 you received money that belonged to your father?
25 A That I received?
Page 25
1 Q Yes.
2 A Like money that I used for his living expenses?
3 Q Perhaps, you used it for living expenses.
4 But --
5 A Yes.
6 Q -- my question is -- and from whom did you
7 receive money that was used for your father?
8 A From my father.
9 Q You received money from your father to use for
10 him -- to spend for him?
11 A Yes.
12 Q Okay. Let's talk about that
13 When is the first time you received money from
14 your father?
15 MR. LAK: I'm going to object to that question
16 as vague. Are we going to back to her childhood --
17 BY MS. BURRELL:
18 Q Since January --
19 MR. LAK: -- her 5th birthday?
20 BY MS. BURRELL:
21 Q When is first time since January 1 of 2007 that
22 you received money from your father to be used for his
23 benefit?
24 A Okay. 2007 is the incorrect year.
25 Q But that's my year.
Page 26
1 A No.
2 Q I'm just asking you from that date forward.
3 A Okay. And in 2008 --
4 Q Yes.
5 A -- in March, my father came to live with me.
6 Q Okay.
7 A And that's when I used his money for his living
8 expenses.
9 Q All right. And how did you get this money that
10 you used for his living expenses?
11 A Well, his pension check came. And he had given
12 me and Robert power of attorney. I would cash the check
13 and get what he asked me, pay his bills.
14 Q And what pension check was this that would
15 come?
16 A His pension check.
17 Q Where did it -- who issued the -- who was
18 paying him the --
19 A It was a direct deposit. I don't know.
20 Q How much was it per month? Do you know?
21 A Maybe $1,500. Maybe 1,463. I'm not really
22 sure.
23 Q And why does that number come to mind? Have
24 you seen it anywhere?
25 A No.
Page 27
1 Q How do you -- how are you estimating this
2 amount?
3 A I just think I — I don't know. I think that's
4 what it was, though.
5 Q So you would get -- so this pension money would
6 come to your father; and you would at times use it to
7 pay his expenses?
8 A Yes.
9 Q How would you -- would you pay those expenses
10 by cash, or how would you pay them?
11 A I'd write a check.
12 Q And you would write a check from whose
13 account?
14 A Daddy's account.
15 Q And you were a signer on that account?
16 A Yes.
17 Q And where was that bank?
18 MR. LAK: I'm going to object to that question
19 as it calls for a legal opinion.
20 MS. BURRELL: She either--
21 MR. LAK: Well, there's also --
22 MS. BURRELL: -- was a signer on an account or
23 she wasn't.
24 MR. LAK: I'll make my point. You're either --
25 there are joint account holders; there's access to
Page 28
1 durable power of attorney. So signer on account means a
2 lot of different.
3 MS. BURRELL: Okay. We'll get there. We'll
4 get there.
5 Q You had authority to sign checks from an
6 account --
7 A Yes.
8 Q -- that contained money that you used for your
9 father --
10 A Yes.
11 Q -- is that correct?
12 Were you a joint account holder on that
13 account?
14 MR. LAK: Objection. It calls for a legal
15 opinion.
16 BY MS. BURRELL:
17 Q Was that money jointly owned by you and your
18 father that was in that account --
19 A No.
20 Q -- or was it just your father's?
21 A It was my father's.
22 Q Did you ever see statements from that account?
23 A Yes.
24 Q Was your name on the statement?
25 A Yes.
Page 29
1 Q And was your name on the statement as a
2 co-owner or in some other capacity, say, a power of
3 attorney?
4 A Power of attorney.
5 Q All right So how often would you write out
6 checks to pay for your father's expenses? Would you do
7 that monthly or daily or weekly?
8 A As they came due.
9 Q And was that monthly, generally? Daily? Or
10 weekly?
11 A As they came due; sometimes he had to have
12 medications, bills.
13 Q And when did this start?
14 A In 2008.
15 Q And how long did it continue?
16 A I'm still paying his bills.
17 Q From his own money?
18 A No.
19 Q Did it continue then until he died from his own
20 money? Is that fair to say?
21 A Yes.
22 Q Let's go back to the Notice of Deposition,
23 Exhibit 1.
24 I'm now on page number 5; Item No. 17, do you
25 have any of your father's medical records in your
Page 30
1 possession -- Thelsey L. Fuller's medical records in
2 your possession.
3 MR. LAK: The response to that is --
4 MS. BURRELL: Uh, uh, uh, uh. I'll let you
5 say — I'm just asking the deponent a question.
6 THE WITNESS: No, I don't.
7 MS. BURRELL: Okay. Mr. Lak?
8 MR. LAK: I'll make the previous comment I made
9 Robert Fuller's deposition, as well. My office will
10 deliver what we have by Tuesday of next week.
11 MS. BURRELL: That's fine.
12 Q Okay. I'm going to show you another document
13 It's entitled Citibank Power of Attorney. It has three
14 pages. It will be Item No. 2.
15 (Deposition Exhibit 2 was marked for
16 identification.)
17 BY MS. BURRELL:
18 Q And let me ask you, Ms. Fuller, if you
19 recognize that document?
20 A Yes.
21 Q Is that your signature at the bottom?
22 A Yes.
23 Q You signed this on or about May 22nd of 2008?
24 A Yes.
25 Q Where were you when you signed it?
Page 31
1 A In Citibank.
2 Q And who else was with you on that day?
3 A My father, my brother, and Ms. Alexander.
4 Q And who is Ms. Alexander?
5 A The bank lady.
6 Q An employee of Citibank, is she?
7 A Yes.
8 Q Explain to me how it came to me that you signed
9 this document.
10 A He wanted to change power of attorney and
11 wanted my brother Robert and I to conduct his business
12 for him.
13 Q "He," is your father?
14 A Yes.
15 Q Did he explain to you why he wanted that done?
16 A Briefly.
17 Q What did he say?
18 A That he wanted to make a change.
19 Q Do you know what he was changing from?
20 A Yes.
21 Q What was he changing from?
22 A My older sister.
23 Q And what is her name?
24 A Shirley Ritchey.
25 Q So he is was taking her off as power of
Page 32
1 attorney?
2 A Yes.
3 Q And putting you on with your brother Robert; is
4 that correct?
5 A That's correct.
6 Q Okay. And do you know why?
7 A No.
8 Q Did you ask him why?
9 A No.
10 Q After signing this power of attorney, did you
11 ever use it to conduct any business on your father's
12 behalf?
13 A Yes.
14 Q What did you do?
15 A I paid his bills; I got his prescriptions, paid
16 his insurance, paid his bills.
17 Q So this is the power of attorney you would use
18 to take money out of his account to transact his
19 business?
20 MR. LAK: Objection. It mischaracterizes the
21 witness's testimony. She said she paid bills. She
22 didn't say she took money out of the account.
23 BY MS. BURRELL:
24 Q How did you pay bills using this power of
25 attorney?
Page 33
1 A I'd write a check.
2 Q You'd write a check from the account over which
3 you had power of attorney?
4 A Yes.
5 • Q Did you ever withdraw cash from it?
6 A Towards the end.
7 Q And "the end" would be when?
8 A It was around the time that Stevie tried to put
9 a block on my father's checking account and upset my
10 father.
11 Q A date would be helpful.
12 A I'm not sure of the date.
13 Q Was it in 2009?
14 A It was in 2008 or 2009. I'm not sure.
15 Q And so it was in 2008 or 2009 that you withdrew
16 cash from this account using your power of attorney; am
17 I right? •
18 A Yes.
19 Q And can you recall the first time you withdrew
20 cash from this account?
21 A It was just one time. It was about $3,000, I
22 think.
23 Q And what did you do with the $3,000?
24 A Paid some of his bills; we used some of it for
25 his burial.
Page 34
1 Q So this was before or after -- was this a
2 burial policy or his actual burial? Is this before or
3 after he died?
4 A He told us to make his arrangements. He told
5 me and Robert —
6 Q I understand.
7 A -- to make his arrangements. And he had -- the
8 cemetery has the mortuary side and the cemetery side.
9 And there's two separate bills. Some of it was already
10 paid, but the other part wasn't. And he wanted me and
11 Robert to make the arrangements for him, because when my
12 father came to live with me, Stevie had told me that
13 daddy only had like four months to live.
14 Q I understand.
15 A And he got way past that.
16 Q So the $3,000 cash withdrawal that you recall
17 making was used to pay for burial or --
18 A Some of it.
1 9 Q -- in advance for some burial?
20 A Yes.
21 Q I understand.
22 THE REPORTER: Can we go off the record real
23 quick?
24 MS. BURRELL: Sure.
25 (Brief recess taken.)
Page 35
1 MS. BURRELL: Back on the record. We'll keep
2 going here.
3 Q Ms. Fuller, before we took the break, I just
4 finished asking you some questions on the Citibank
5 account and some expenses that you paid on your father
6 Thelsey Fuller's behalf.
7 Do you know whether he had an account with
8 Wells Fargo Bank?
9 A No.
10 Q Have you ever heard that he had an account with
11 Wells Fargo Bank?
12 A Yes.
13 Q What did you hear?
14 A That he had an account with Wells Fargo Bank.
15 Q And who told you that?
16 A I read it.
17 Q And where did you read it?
18 A On the Internet.
19 Q And at a Website, was it?
20 A Yes.
21 Q Okay. What Website was that?
22 A One her son did.
23 Q One whose -- Ms. Arnold's son did?
24 A Yes.
25 Q And it said -- and what did it say? Do you
Page 36
1 recall what it said there?
2 A No, I don't recall.
3 Q But you do recall that it seemed to say that
4 Thelsey Fuller had an account at Wells Fargo Bank?
5 A Yes.
6 Q Do you own real estate in California?
7 A Yes.
8 Q What do you own?
9 A My house.
10 Q And what is the address of that house?
11 A 16219 South Bradfield Avenue.
12 Q And that's in Compton, is it?
13 A Yes.
14 Q And do you own any other real estate in
15 California?
16 A No.
17 Q Do you own any real estate outside of
18 California?
19 A No.
2 0 Q Did you ever buy or sell real estate on behalf
21 of Thelsey Fuller?
22 A No.
23 Q Did you ever buy or sell real estate on behalf
24 of Edwina Fuller?
25 A No.
Page 37
1 Q Thelsey Fuller was your father; is that
2 correct?
3 A Yes.
4 Q When did he pass away?
5 A August'the 26th.
6 Q 2009?
7 A (No audible response.)
8 Q And where was he living when he passed?
9 A At Pacific Palms.
10 Q Do you recall how long he had been living at
11 Pacific Palms before he passed away in August?
12 A 22 days.
13 Q And where was he before then?
14 A At my house.
15 Q And that's at the house on Bradfield?
16 A Yes.
17 Q And how long did he live with you at the house
18 on Bradfield?
1 9 A 15 months.
20 Q Were you his caretaker?
21 A Yes.
2 2 Q Were you his -- would you say you were his
2 3 primary caretaker?
2 4 A Yes.
25 Q Did you do most of the caretaking? What kinds
Page 38
1 of things would you do for him?
2 A I cooked his breakfast, lunch, and dinner. I
3 washed his clothes. I cleaned him. I took him to the
4 doctor, got his prescriptions, took him to the hospital,
5 gave him his medicines.
6 Q Did you have a medical power of attorney for
7 him?
8 MR. LAK: Objection. It calls for a legal
9 opinion.
10 BY MS. BURRELL:
11 Q Did you have authority to talk to his
12 doctors?
13 A I don't know if I had authority or not.
14 Q Did you talk to his doctors?
15 A Yes.
16 Q Was your father driving any time while he lived
17 with you?
18 A No.
19 Q Did he ever drive?
20 A Yes.
21 Q Do you remember when he stopped driving?
2 2 A No.
2 3 Q Was it many years ago?
2 4 A I don't know.
25 Q Did he own a car at his death?
Page 39
1 A Yes.
2 Q Where is that car now?
3 A At his house.
4 Q Did you drive that car?
5 A No.
6 Q And when you say "his house," what house are
7 you speaking of?
8 A 12th Avenue.
9 Q Your dad worked for the U.S. Postal Service,
10 didn't he --
11 A Yes.
12 Q -- is that correct?
13 And did he retire from there?
14 A Yes.
15 Q What year did he retire? Do you remember?
16 A I think it was 1980 or 1982. I'm not sure.
17 Q Did he start receiving a pension from the U.S.
18 Postal Service?
19 A Yes.
20 Q Did he get a pension from any other places of
21 employment?
2 2 A Yes.
2 3 Q Where else?
2 4 A I don't know.
2 5 Q Did he get a pension?
Page 40
1 A I don't know where it came from.
2 Q But you're fairly confident it was a pension?
3 A It was a small check.
4 Q When you say "small," about how much was it?
5 A $300 -- about 300 -- maybe 300-and-something
6 dollars. Pm not sure.
7 Q Per month or something?
8 A Pardon me?
9 Q Was it per month?
10 A Yes.
11 Q Do you know if your father was married to
12 anyone at his death?
13 A Do I know?
14 Q Yes.
15 A Not for sure.
16 Q Do you have any reason to think he wasn't
17 married at his death?
18 A No.
19 Q Do you know if he was married to Edwina Fuller
20 at his death?
2 1 MR, LAK: I'm going to object to that question
22 as calling for a legal opinion.
2 3 MS. BURRELL: It's just "Do you know?" Either
2 4 the deponent knows or doesn't know.
25 MR. LAK: You can answer the question.
Page 41
1 THE WITNESS: My mother says she wasn't.
2 BY MS. BURRELL:
3 Q But my question is do you know?
4 A I don't know.
5 Q The question is not do you know for certain or
6 can you prove it; it's simply do you know?
7 A I don't know.
8 Q Do you know whether your father was married to
9 anyone else --
10 A No, I don't.
11 Q -- at his death?
12 Edwina Fuller is your mother; is that correct?
13 A Yes.
14 Q When did you last see her?
15 A She was in the hospital. Maybe a year or so
16 ago.
17 Q And you visited her there?
18 A Yes.
19 Q When is the last time you saw your mother and
20 your father Thelsey Fuller together?
21 A About 1968.
22 Q Do you remember where that was when you saw
23 them together -- where that was?
24 A Wait a minute. I'm son-y. You mean living
25 together?
Page 42
1 Q No. No. I'm sorry. I -- No. What I mean is
2 physically in the same room; let's just say that.
3 A Oh, okay. June of -- let me see. June '08 --
4 after June of '08, when I had surgery and daddy went to
5 go stay with Stevie, and Stevie takes care of our
6 mother. So my dad was over there for about six weeks.
7 Q He was at --
8 A Stevie's house.
9 Q And when you say "over there" -- oh, you mean
10 at Steven Fuller's house?
1 1 A Yes.
12 Q All right Let me show you the next document
13 in line. It's going to be marked as Exhibit No. 3.
14 It's copies of two checks from Citibank.
15 (Deposition Exhibit 3 was marked for
16 identification.)
17 BY MS. BURRELL:
18 Q And I'm drawing your attention to the bottom
19 check. Do you recognize this image of a check?
20 A Yes.
21 Q It looks like it's drawn on a Citibank account,
22 made payable to you for $117,576.14.
23 Do you agree?
2 4 A Yes.
25 Q And it looks like the remitter is Thelsey S.
Page 43
1 Fuller; is that right?
2 A Yes.
3 Q Did you receive this money?
4 A Yes.
5 Q When did you receive it?
6 A July the 1st of '09.
7 Q And did you get it in the form of a check?
8 A Yes.
9 Q And where were you when you got the check?
10 A At Citibank.
11 Q And who was with you, if anyone?
12 A Robert, my dad, and the bank people.
13 Q When you say "bank people," you mean a bank
14 employee?
15 A Yes.
16 Q Do you know who that was?
17 A I don't know her name.
18 Q All right. Anybody else there?
19 A People in the bank.
20 Q Was your father there?
21 A Yes.
22 Q All right. And so tell me, how did it come
2 3 that your father gave you $117,000? How did that
24 happen?
2 5 A Stevie had gone to court to put a restraining
Page 44
1 order or a block or something on my father's money he
2 had in the bank. And when I became aware of it, of
3 course, I went home and told him.
4 And my daddy was very upset. And he told us to
5 take him to the bank -- no, he said, "Go get my money."
6 Robert and I went to the bank. They wouldn't give it to
7 us. So she -- the lady at the bank -- I can't recall
8 her name -- said that they were waiting for a block to
9 come down. And she said it should be down at 11:00.
10 So we stayed to the bank around 12:00. It
11 didn't come down; went home, told daddy; daddy made us
12 bring him to the bank; and then she said that they
13 talked to their legal department. And we were standing
14 at the teller, and she -- the bank lady said, "Well, I
15 don't know Mr. Fuller on sight. So I'll have to find
16 someone that knows him on sight." And she asked another
17 teller. And she says she knows Mr. Fuller on sight.
18 And then she asked daddy did he want to take
19 his money out of the bank.
2 0 And he said, "Yes."
2 1 And he -- she says, "Well, how do you want us
22 to do it?"
2 3 And he said, "I want you to give half to Doris
24 and half to Robert." And that's how these checks came.
2 5 Q And that happened on July 1st?
Page 45
1 A I believe so.
2 Q And do you still have this money?
3 MR. LAK: Objection. Its irrelevant.
4 MS. BURRELL: It could be objected to. Your
5 objection is noted. But relevancy is not an objection
6 for purposes of deposition; perhaps at trial, yes.
7 Q So my question stands. Do you still have this
8 money?
9 A No.
10 Q Was this money a gift to you?
11 A Yes.
12 Q And how do you come to believe that it was a
13 gift to you?
14 A It's what my father said when he gave it to
15 US.
16 Q So on the day he gave it to you, which was the
17 day after the court proceeding, he said to you he wanted
18 to give you a gift?
19 A Those aren't his words. But he said, "I'm
20 going to give this money to you and Robert."
21 Q Do you know how much money your father had left
22 after he gave this gift to you?
23 A No.
24 Q Did you inquire --
25 A No.
Page 46
1 Q -- of your father how much he had left?
2 A No.
3 Q Have you ever learned how much he had left
4 after he gave this money to you?
5 A No.
6 Q Okay. The next document is a multiple-page
7 document entitled "Amended Petition to Determine Title
8 Pursuant to Probate Code Section 850."
9 (Deposition Exhibit 4 was marked for
10 identification.)
11 BY MS. BURRELL:
12 Q I'll show you that And I'll ask you if you've
13 ever seen this document before, if you recognize it?
14 A I'm not sure if I've seen this before. It's
15 possible.
16 Q Let me call your attention to the front
17 caption, the front page of it, towards the left. Do you
18 see where it mentions your name, Doris A. Fuller aka
19 Doris Fuller Stewart? Do you see that?
20 A Yes.
21 Q Are you under the impression that you are a
22 named party individually in this litigation going on in
23 the conservatorship of Edwina Fuller?
24 A Say that --
25 Q Do you know that you are a named -- are you
Page 47
1 under the impression that you are a named party in this
2 litigation, that you're a part of this litigation, not
3 just a witness, but actually a part of this
4 litigation?
5 A Oh, yes.
6 Q That's been explained to you?
7 A Well, I see my name here.
8 Q Okay. All right. That's all for this one.
9 Do you know a woman named Odessa Gaines --
10 A Yes.
11 Q -- or did you know?
12 And how do you know her?
13 A She was the lady my father lived with for
14 30-something years.
15 Q 30 years?
16 A 30-plus years.
17 Q All right. From when to when?
18 A Oh, I don't know when. But until she passed
19 away.
20 Q And she passed away when? Do you know?
21 A I believe it was September the 3rd. I'm not
22 sure of the year.
23 Q In the 2000s, was it?
24 A I think so.
25 Q So for 30 years before then they lived
Page 48
1 together?
2 A Yes.
3 Q And where did they live?
4 A In Inglewood.
5 Q At 8625 12th Avenue?
6 A Yes.
7 Q All right. Let me show you this document. It
8 will be Exhibit No. 5. It's a one-page Joint Tenancy
9 Grant Deed.
10 (Deposition Exhibit 5 was marked for
11 identification.)
12 BY MS. BURRELL:
13 Q Have you ever seen this document before?
14 A No.
15 Q Take a look at the date down at the bottom. It
16 says August 21st of 1968.
17 Do you see that date?
18 A Yes.
19 Q This document purports to give ownership of a
20 property to Thelsey Fuller, as an unmarried man, and
21 Odessa Gaines.
22 Do you see that language there in the middle?
23 A Yes.
24 Q Did you know -- do you know whether Thelsey
25 Fuller and Odessa Gaines ever acquired a property
Page 49
1 together?
2 A Yes.
3 Q Was it 12th Street?
4 A Yes.
5 Q And was that in 1968?
6 A I don't know when it was.
7 Q What do you know about that purchase, if
8 anything -- or that acquisition, if anything?
9 A I don't know anything about it.
10 Q You don't know why that happened?
11 A My mother put him out, and he had to have some
12 place to live.
13 Q All right. Anything more than that you know
14 about --
15 A No.
16 Q -- them acquiring that property?
17 And the next one is a three-page document.
18 It's a deed -- a Quitclaim Deed.
19 (Deposition Exhibit 6 was marked for
20 identification.)
21 BY MS. BURRELL:
22 Q Have you ever seen this document before?
23 A No.
24 Q Do you know whether Odessa Gaines ever gave her
25 interest in the 12th Street property back to your
Page 50
1 father?
2 A No.
3 Q So, as you sit here today, do you have any
4 knowledge of whether Odessa Gaines still owned part of
5 12th Street at her death? Do you know?
6 A No.
7 Q Do you know who lives in the 12th Street
8 property?
9 A Nobody.
10 Q How do you know that?
11 A Well, I pay the gardener and the utilities over
12 there.
13 Q And you pay that right now?
14 A Yes.
15 Q And do you use your own funds to do that?
16 A Yes.
17 Q And is that part of the receipts that you'll
18 supply to me, if you find them, by March 18th?
19 A Yes.
20 Q The next document is a multi-page document.
21 It's called the Thelsey S. Fuller Revocable Trust.
22 (Deposition Exhibit 7 was marked for
23 identification.)
24 BY MS. BURRELL:
25 Q I'll show you that Have you ever seen that
Page 51
1 document before?
2 A Yes.
3 Q When did you first see this document?
4 A I don't remember.
5 Q Was it before or after your father's death?
6 A Before.
7 Q Was it a year or more or -- a year or months
8 before your father's death?
9 A I don't remember.
10 Q Who showed it to you?
11 A Daniel -- Mr. Lak.
12 Q Take a look at page number 19 -- or, actually,
13 I'm sorry -- back one more, 18.
14 Would you recognize your father's signature if
15 you saw it?
16 A Yes.
17 Q Does that look like his signature?
18 A Yes.
19 Q Take a look at page number 19. Do you see that
20 date, July 23rd of 2008?
21 A Yes.
22 Q Do you know whether that's, in fact, the date
23 your dad signed this document? Do you know?
24 A Not for sure.
25 Q Were you present when he signed it?
Page 52
1 A I was in the house.
2 Q But were you -- you were in the house where he
3 was when he signed it?
4 A Yes.
5 Q And that was at your house?
6 A Yes.
7 Q Was anybody else there?
8 A Yes.
9 Q Did he discuss this document with you at all
10 before he signed it?
11 A No.
12 Q Did you know what he was doing when he signed
13 it? Did you know what he was signing when he signed it?
14 Did you know he was signing a trust?
15 A Yes.
16 Q Have you ever read this trust?
17 A No.
18 Q Do you know whether this trust leaves any
19 property to you upon his death?
20 A I don't know.
21 Q Take a look at page number 20 of the trust. It
22 says, "Schedule of Trust Assets."
23 Do you see that?
24 A Yes.
25 Q The first item on that list says, "The real
Page 53
1 estate located at 16219 South Bradfield Avenue in
2 Compton."
3 Do you know why that property would have been
4 made part of your father's trust?
5 A No, I don't.
6 Q Do you know whether it was?
7 A No.
8 Q Do you know -- do you know whether your father
9 signed any deeds to make it part of his trust?
10 A No.
11 Q You don't know?
12 A No.
13 Q That's where you live; right?
14 A Yes.
15 Q And how long have you lived there?
16 A Since 1972 or 1973.
17 Q All right. The second item there says, "The
18 personal property located at 16219 South Bradfield
19 Avenue in Compton."
20 Do you see that?
21 A Yes.
22 Q Did your father leave any personal property,
23 have any personal property at your house?
24 A He had some movies, and some clothes, and a
25 watch, and his television -- a small N.
Page 54
1 Q Were the household furniture and furnishings
2 yours?
3 A Yes.
4 Q Did he own any household furniture and
5 furnishings?
6 A Yes.
7 Q Were they at the 12th Street property?
8 A Yes.
9 Q Is there any personal property that belongs to
10 your property at Bradfield right now?
11 A Yes.
12 Q And what is that?
13 A His -- a couple pair of shoes, his bathrobe,
14 his shaver, a suit, and a watch.
15 Q Take a look at Item No. 4. It says -- it
16 simply says, "The Citibank account."
17 A Uh-huh.
18 Q Did your father have more than one Citibank
19 account? Do you know?
20 A I don't know.
21 Q Did you ever take him to Citibank to bank?
22 A A couple of times.
23 Q "A couple," as in two?
24 A Two or three times.
25 Q Have you received any of your father's property
Page 55
1 or any of the items that are listed here in this trust
2 since his death?
3 A Have I received?
4 Q I'll be specific.
5 Have you received anything from the Citibank
6 account since your father's death?
7 A No.
8 Q Have you gotten a deed giving you back 16219
9 South Bradfield Avenue?
10 A No.
11 Q You haven't?
12 A I didn't never know I had to get it back.
13 Q Okay. All right. The last document, I think,
14 is a four-page document. It's entitled "Amendment to
15 Thelsey S. Fuller Revocable Trust." It's got four
16 pages. And this would be Item No. 8.
17 (Deposition Exhibit 8 was marked for
18 identification.)
19 BY MS. BURRELL:
20 Q And let me ask you if you recognize that
21 document?
22 A Yes.
23 Q When did you first see this document?
24 A I don't remember.
25 Q But you're sure you've seen it before?
Page 56
1 A Yes.
2 Q Take a look at page number 3. Is that your
3 dad's signature, do you think?
4 A Yes.
5 Q And the date on there is September 16th of
6 2008. Do you see that?
7 A Yes.
8 Q Okay. Did your father sign this at your house?
9 A Yes.
10 Q Were you present when he signed it?
11 A I was in the house.
12 Q Was anybody else in the house?
13 A Yes.
14 Q Who else was there?
15 A Daniel, Fiona.
16 Q That's the notary?
17 A Yes.
18 Q Okay.
19 A And my friend Randy.
20 Q Anybody else?
21 A The little boy that lives next door.
22 Q Have you ever read this amendment?
23 A I've glanced at it. I haven't read it.
24 Q Do you know whether it leaves any of your
25 father's property to you?
Page 57
1 A It does.
2 Q It leaves you 50 percent; is that correct?
3 A Yes.
4 Q Does that match what you -- with your belief of
5 what you're entitled to?
6 A That's what my father's wishes were.
7 Q Does it match your belief of what you're
8 entitled to?
9 A It was my father's wishes.
10 Q But my question is, does it match your belief
11 of what you're entitled to?
12 A Yes.
13 Q Did your father discuss drafting -- signing
14 this document -- I'm sorry. Did your father discuss
15 this document with you before he signed it?
16 A No.
17 Q Are there any videotapes of your father, say,
18 after January of 2007 -- January 1 of 2007?
19 A Not to my knowledge.
2 0 Q Do you have any in your possession?
2 1 A No.
22 Q Have you ever seen a video of your father
2 3 taken, say, from -- in 2007, '8 or '9, '10 -- or '8 or
2 4 '9?
25 A I don't know.
Page 58
1 Q You don't know, or you haven't seen one?
2 A I haven't seen it.
3 Q Did you ever videotape your father --
4 A No.
5 Q -- after January 1?
6 A No.
7 Q Have you ever videotaped him?
8 A No.
9 MS. BURRELL: All right. I think -- one
10 second. All right. That's it for me. Mr. Lak, do you
11 have any questions?
12
13 EXAMINATION
14 BY MR. LAK:
1 5 Q Ms. Fuller, I just have a couple of follow-up
16 questions.
17 To the best of your recollection, when did your
18 father start -- when did your father start to live with
19 Odessa?
2 0 A Well, I know he was there December the 11th,
21 1968.
22 Q And why is that date significant for you?
2 3 A Because that's when my daughter was born.
24 Q And how do you know your dad was living with
25 Odessa on that date?
Page 59
1 A Because when Crystal was born, my mother didn't
2 have any way to get to the hospital.
3 Q And how does that confirm your belief that your
4 father was living with Odessa? Because your mom
5 couldn't get to the hospital, how does that make --
6 A When mama wanted to go somewhere, when daddy
7 pulled up in the driveway, she would be standing
8 outside. And he would pull up; she would get in the car
9 and tell him where she wanted to go. And he would take
10 her.
11 Q And so because she didn't have a ride to the
12 hospital, from that you inferred that he was no longer
13 living at that house?
14 A Yes.
15 Q All righty. And do you think — is it possible
16 your father may have lived with Odessa prior to December
17 1968?
18 A It's possible.
19 Q One more question I'd like to ask is regarding
20 January 1st, 2009; that's when your father had asked you
21 to take him to Citibank and give you the money, the
22 117,000 for you and for Robert.
23 Do you remember that date? Would you like to
24 look at the checks?
25 May I see the exhibit? I'm not sure what
Page 60
1 exhibit number it is.
2 MS. BURRELL: Sure.
3 THE WITNESS: It says July.
4 BY MR. LAK:
5 Q So the questions I'm going to ask you now
6 pertain to that date, July 1st, 2009.
7 Was that the day your father asked you to take
8 him to the bank?
9 A Yes.
10 Q Okay. You had said that the bank employee at
11 Citibank wanted to identify him visually before they
12 issued the checks?
13 A Yes.
14 Q Did they do that?
15 A Yes.
16 Q Did they ask your father any questions?
17 A Yes.
18 Q What questions did they ask him?
19 A I'm not sure. Robert was more listening to
20 that.
21 Q Did they ask your father his name?
22 A Yes.
23 Q Did they ask him if he was under any threat or
24 duress?
25 A Yes.
Page 61
1 Q And so they asked -- did they ask questions in
2 general that were intended to give the bank employee
3 confidence that he was not being forced under his --
4 against his will?
5 A Yes.
6 Q And do you happen to remember the name of the
7 bank employee that --
8 A It was -- the lady that know daddy, her name is
9 Christine Ford. But the other lady's name is --
10 she's -- has a foreign-sounding name.
11 Q Was it Ms. Alexander?
12 A No.
13 Q Was it Linda?
14 A No.
15 Q And did this other woman -- bank employee with
16 the foreign-sounding name, was she a branch manager?
17 A Yes.
18 Q And she was the manager of that location?
19 A Yes.
20 Q And was she the one asking the questions about
21 your father's free will?
22 A Yes. And --
23 Q Do you know if that bank branch manager still
24 works at that Citibank?
25 A I don't know.
Page 62
1 MR. LAK: No further questions.
2
3 FURTHER EXAMINATION
4 BY MS. BURRELL:
5 Q Ms. Fuller, have you ever seen any documents
6 that reference a divorce proceeding between your mother
7 and your father?
8 A No.
9 Q Have you ever seen any documents that reference
10 a marriage between your father and Odessa Gaines?
11 A No.
12 Q Did your father ever tell you that he was
13 divorced from your mother?
19 A No.
15 Q Did your father ever tell you that he had
16 married Odessa Gaines?
17 A No.
18 MS. BURRELL: All right. Nothing further. We
19 can condude.
20 MR. LAK: Okay. I'm good.
21 MS. BURRELL: All right. So some stipulations
22 for us, Mr. Lak.
23 THE REPORTER: Would you like me to attach the
24 same stipulation as the previous deposition?
25 MS. BURRELL: Yes. Can we do the same?
Page 63
1 THE REPORTER: Yes.
2 MS. BURRELL: Okay. So stipulated -- same
3 stipulation as the prior one?
4 MR. LAK: So stipulated. And with respect to
5 the timing, delivery and responses, et cetera, of the
6 deposition --
7 MS. BURRELL: The same, yes.
8 MR. LAK: -- yes, so stipulated.
9 MS. BURRELL: So stipulated.
10 (Whereupon the following stipulation
11 entered into at the conclusion of the
12 deposition of Robert Lewis Fuller is
13 incorporated as follows:
14 "MS. BURRELL: Okay. So we'll conclude.
15 And we'll designate this as Volume I.
16 "And, Mr. Lak can we stipulate to relieve
17 the court reporter of her duties as to this
18 deposition?
19 "MR. LAK: So stipulated.
20 MS. BURRELL: Okay. And we'll stipulate that
21 any duty to retain the original -- we will
22 relieve her of any duty to retain the original
23 transcript.
24 "MR. LAK: So stipulated.
25 "MS. BURRELL: And, Mr. Lak you'll retain
Page 64
1 the original. And how many days does your
2 client need to -- you and your client need to
3 review it? Is 15 enough?
4 "MR. LAK: It depends on when -- how quickly
5 the court reporter can deliver the transcript.
6 "MS. BURRELL: But is 15 days after that
7 enough?
8 "MR. LAK: I don't know. Because we're
9 coming up on the trial and our responses, et
10 cetera.
11 "So I'll ask the court reporter, when would
12 you estimate as to receiving the transcript?
13 'THE REPORTER: Regular delivery is two
14 weeks.
15 "MR. LAK: Two weeks.
16 MS. BURRELL: So then you'd have 15 days
1 7 after that.
18 "MR. LAK: That's sufficient.
19 "MS. BURRELL: All right. And can we
20 stipulate that Mr. Fuller can sign under
21 penalty of perjury instead of using a notary
22 public?
23 "MR. LAK: No. We'll use a notary.
24 "MS. BURRELL: Okay. And, Mr. Lak, can we
25 stipulate that you'll retain the original and
Page 65
1 produce it to me upon reasonable request?
2 "MR. LAK: So stipulated.
3 "MS. BURRELL: And that if you don't, I'm
4 entitled to use the copy as the original.
5 "MR. LAK: Yes.
6 "MS. BURRELL: All right. And that if I'm
7 not notified of any changes within the 15-day
8 period, that the copy will be used as the
9 original
10 "MR. LAK: Correct.
11 "MS. BURRELL: All right. So stipulated.")
12 (Proceedings concluded at 2:56 p.m.)
13
* * * * * ** ** ** * *
14
15
16
17
18
19
20
21
22
23
24
25
Page 66
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
DORIS A. FULLER
15
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 67
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
17 financially 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.
21
22
23
LISA T. OWEN
24 CSR No. 4475
25
Page 68
*************************************************************
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
5 )
IN RE THE MATTERS OF )
6 )
)
7 THELSEY L. FULLER TRUST ) CASE NOS. BP 122665
AND ) BP 099211
8 EDWINA FULLER CONSERVATORSHIP )
)
9 ____________________________________)
10
11
REPORTER'S TRANSCRIPT OF PROCEEDINGS
12
MONDAY, MAY 23, 2011
13
TESTIMONY OF DORIS FULLER
14
15
16
17
18
19 (THE APPEARANCES ARE ON THE NEXT PAGE.)
20
21
22
23
24
25
26 STEPHANIE BAKER
CSR NO. 9249
27 PAGES 1 THRU 38, 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 MONDAY, MAY 23, 2011
3
4 PETITIONER'S WITNESSES
5 (PURSUANT TO EVIDENCE CODE 776)
6 FULLER, DORIS
CROSS BY MS. BURRELL. . . . . . . . . . . . . . . . 2
7 CROSS BY MR. RANDALL. . . . . . . . . . . . . . . . 13
DIRECT BY MR. LAK . . . . . . . . . . . . . . . . . 17
8 RECROSS BY MR. RANDALL. . . . . . . . . . . . . . . 32
RECROSS BY MS. BURRELL. . . . . . . . . . . . . . . 33
9 REDIRECT BY MR. LAK . . . . . . . . . . . . . . . . 35
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
3* THREE-PAGE DOCUMENT 5 -- --
21
9 THREE-PAGE DOCUMENT 9 -- --
22
23 WITHDRAWN/
RESPONDENT'S FOR I.D. IN EVI REJECTED
24
530 PHOTOCOPY OF 20 -- --
25 WITHDRAWAL SLIP
26
27 *(PER THE COURT'S ORDER, THE DOCUMENT PREVIOUSLY MARKED
PETITIONER'S 3 IS NOW PETITIONER'S 9.)
28
Page 1
1 LOS ANGELES, CALIFORNIA; MONDAY, MAY 23, 2011
2 AFTERNOON 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 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.
Page 2
1 (WITNESS COMPLIES.)
2
3 THE CLERK: PLEASE STATE AND SPELL YOUR FULL NAME FOR
4 THE RECORD.
5 THE WITNESS: DORIS FULLER.
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 A YES.
17 Q YOU'RE ALSO A NAMED RESPONDENT IN THIS CASE; IS
18 THAT RIGHT?
19 A YES.
20 Q AND DO YOU RECALL SITTING FOR A DEPOSITION IN MY
21 OFFICE ON FEBRUARY 18TH, 2011?
22 A YES.
23 Q YOU WERE CALLED THERE AND YOU WERE ASKED CERTAIN
24 QUESTIONS ABOUT YOUR FATHER AND YOUR FATHER'S AFFAIRS?
25 A YES.
26 Q YOUR FATHER DIED IN AUGUST OF 2009; IS THAT
27 CORRECT?
28 A YES.
Page 3
1 Q WHEN HE DIED, HE WAS LIVING IN A NURSING HOME,
2 WASN'T HE?
3 A YES.
4 Q BUT BEFORE THEN HE LIVED WITH YOU; IS THAT
5 CORRECT?
6 A YES.
7 Q AND HE LIVED WITH YOU FOR ABOUT A 15-MONTH
8 PERIOD BEFORE HE MOVED TO THE NURSING HOME; IS THAT CORRECT?
9 A APPROXIMATELY, YES.
10 Q NOW, YOU AND YOUR BROTHER ROBERT FULLER OBTAINED
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 Q AND DID HE GIVE YOU THAT IN MAY OF 2008?
20 A 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 THE COURT: IT'S IN YOUR BOOK?
Page 4
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.
Page 5
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.
5 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
15 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 THE CLERK: YOUR HONOR HAS THIS EXHIBIT (INDICATING)?
24 THE COURT: I DO.
25
26 (DOCUMENT HANDED TO THE WITNESS.)
27
28
Page 6
1 BY MS. BURRELL
2 Q LET ME ASK YOU IF YOU RECOGNIZE THAT DOCUMENT.
3 MR. LAK: I'M SORRY, YOUR HONOR. IF I MAY FOR A
4 MOMENT I DON'T HAVE A COPY OF THAT EXHIBIT.
5 MS. BURRELL: THIS IS MY -- IT SHOULD BE --
6
7 (A DISCUSSION WAS HELD IN OPEN COURT
8 BETWEEN COUNSEL, WHICH WAS NOT
9 REPORTED.)
10
11 MS. BURRELL: FOR THE RECORD, THIS IS MARKED AS
12 EXHIBIT NUMBER THREE.
13 THE COURT: ALL RIGHT.
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 YES.
23 Q AND WERE YOU AT THE BANK WITH YOUR FATHER?
24 A YES.
25 Q WERE YOU ALSO IN THE PRESENCE OF ROBERT L.
26 FULLER?
27 A YES.
28 Q DID YOU DISCUSS THE NATURE OF THIS DOCUMENT WITH
Page 7
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.
Page 8
1 THE COURT: USE THE NUMBERS IN THE BOOK.
2 MS. BURRELL: OKAY.
3 THE COURT: ALL RIGHT?
4 MS. BURRELL: ALL RIGHT.
5 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 THE COURT: YES.
14 MS. BURRELL: OKAY.
15
16 (PAUSE IN THE PROCEEDINGS.)
17
18 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
Page 9
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.
Page 10
1 Q AND FOR THOSE PURPOSES; IS THAT CORRECT?
2 A YES.
3 Q AND YOU AND YOUR BROTHER ROBERT WERE PRESENT
4 WHEN THAT TRUST DOCUMENT WAS SIGNED; IS THAT CORRECT?
5 A YES.
6 Q AND, IN FACT, IT WAS SIGNED AT YOUR HOUSE?
7 A YES.
8 Q AND THEN ONE -- A MONTH AND A HALF LATER, ON
9 SEPTEMBER 16TH, YOUR FATHER AMENDED THAT LIVING TRUST,
10 DIDN'T HE?
11 A YES, HE AMENDED IT. I'M NOT SURE EXACTLY WHAT
12 DATE IT WAS.
13 Q AND YOU AND YOUR BROTHER ROBERT WERE PRESENT
14 WHEN HE SIGNED THE AMENDMENT; IS THAT CORRECT?
15 A YES.
16 Q AND, AGAIN, THAT WAS DONE AT YOUR HOUSE; IS THAT
17 RIGHT?
18 A YES.
19 Q AND MR. LAK WAS STILL YOUR FATHER'S ATTORNEY AT
20 THAT TIME?
21 A YES.
22 Q CALLING YOUR ATTENTION TO JUNE 30TH, 2009, A
23 YEAR OR SO LATER AFTER YOUR FATHER MOVED TO YOUR HOUSE AND
24 HAD BEEN LIVING WITH YOU, THERE WAS A HEARING IN THIS CASE
25 WHERE STEVEN ATTEMPTED TO FREEZE SOME OF YOUR FATHER'S
26 ASSETS; ISN'T THAT CORRECT?
27 A YES.
28 Q THAT HEARING WAS HELD ON JUNE 30TH IN THIS --
Page 11
1 A I'M NOT SURE.
2 Q BUT THERE WAS A HEARING AND YOU KNOW OF THAT
3 HEARING?
4 A YES.
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 Q AND YOU LEARNED OF THE OUTCOME OF THAT HEARING;
13 ISN'T THAT CORRECT?
14 A YES.
15 Q YOU LEARNED THAT THAT STEVEN'S ATTEMPTS TO
16 FREEZE YOUR FATHER'S ASSETS AT CITIBANK HAD BEEN
17 UNSUCCESSFUL, DIDN'T YOU?
18 A YES.
19 Q AND SO ON JULY 1, 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.
Page 12
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 ROBERT;
16 IS THAT CORRECT?
17 A YES.
18 Q AND AFTER THAT TRANSACTION, YOUR FATHER HAD LESS
19 THAN $5,000 IN THE BANK; 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.
Page 13
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?
Page 14
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.
5 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.
Page 15
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.
25 Q WHAT WAS YOUR -- IN YOUR OPINION, WHAT WAS YOUR
26 FATHER'S RELATIONSHIP WITH MRS. RITCHEY AND MRS. ARNOLD?
27 A I DON'T KNOW.
28 Q DID HE EVER DISCUSS THEM?
Page16
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: THANK 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
Page 17
1 (DOCUMENT HANDED TO THE WITNESS.)
2
3 DIRECT EXAMINATION
4 BY MR. LAK
5 Q MS. FULLER --
6 A YES.
7 Q -- WERE YOU PRESENT WHEN THAT DOCUMENT YOU'RE
8 HOLDING IN YOUR HAND WAS SIGNED?
9 A YES.
10 Q WHO ELSE WAS PRESENT AT THE TIME IT WAS SIGNED?
11 A DAD, ROBERT AND MS. ALEXANDER.
12 Q AND WHO IS MS. ALEXANDER?
13 A 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 Q OKAY.
17 THE COURT: WHAT ARE WE LOOKING AT?
18 MR. LAK: WE'RE LOOKING AT WHAT PETITIONER HAS MARKED
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 THE WITNESS: YES.
28 THE COURT: WERE YOU PRESENT WHEN IT WAS SIGNED?
Page 18
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 SO MS. ALEXANDER WAS A BANK EMPLOYEE; IS THAT
14 CORRECT?
15 A YES.
16 Q WAS SHE A TELLER?
17 A NO.
18 Q DID YOU PERCEIVE HER TO BE SOMEONE IN MANAGEMENT
19 AT THE BANK?
20 A YES.
21 Q OKAY.
22 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 A JANET ALEXANDER.
26 Q IS THAT JANET ALEXANDER THE SAME MS. ALEXANDER
27 THAT YOU'RE REFERRING TO?
28 A YES
Page 19
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.
Page 20
1 Q AND WHAT IS THAT NAME?
2 A SHELLY BROWN.
3 Q DO YOU KNOW IF SHELLY BROWN IS AN EMPLOYEE OF
4 THE BANK?
5 A NO, I DON'T.
6 Q WERE YOU THERE WHEN THIS DOCUMENT WAS SIGNED?
7 A NO.
8 Q CAN YOU TELL, FROM LOOKING AT EXHIBIT 511, WHEN
9 THAT DOCUMENT WAS SIGNED?
10 A ON MAY 22ND, 2008.
11 MR. LAK: MAY I APPROACH THE WITNESS AGAIN,
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 THE COURT: YES.
16
17 (MARKED FOR IDENTIFICATION
18 RESPONDENT'S EXHIBIT 530, PHOTOCOPY OF
19 WITHDRAWAL SLIP.)
20
21 (DOCUMENT HANDED TO THE WITNESS.)
22
23 BY MR. LAK
24 Q MS. FULLER, IS IT CORRECT THAT ON MAY 22ND,
25 2008, YOU AND YOUR BROTHER ROBERT BOTH HAD POWER OF ATTORNEY
26 FOR YOUR FATHER?
27 A YES.
28 Q AND THEN IS IT YOUR TESTIMONY -- IF YOU COULD
Page 21
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 HANDED TO THE WITNESS.)
26
27 THE WITNESS: RIGHT THERE (INDICATING), THAT'S DADDY'S
28 WRITING.
Page 22
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
Page 23
1 ATTEMPTS TO FREEZE HIS ACCOUNTS, WHAT WAS HIS REACTION?
2 A HE WAS ANGRY.
3 Q WAS HE -- AND WHO WAS HE ANGRY AT?
4 A STEVEN.
5 Q AT THAT TIME, DID HE INSTRUCT YOU AND ROBERT TO
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 A THAT'S CORRECT.
16 Q DO YOU KNOW WHY THE BANK DIDN'T ALLOW YOU AT
17 THAT TIME?
18 A NO.
19 Q 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 A HE WAS STILL MAD.
23 Q 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
Page 24
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 A YES.
28 Q OKAY.
Page 25
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.
Page 26
1 Q DO YOU SEE ON THAT WITHDRAWAL SLIP AN EXPIRATION
2 DATE OF THE IDENTIFICATION CARD?
3 A YES.
4 Q IS THAT THE SAME AS THE EXPIRATION DATE FOR THE
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 THE COURT: YES.
16
17 (DOCUMENTS HANDED TO COUNSEL.)
18
19 BY MR. LAK
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.
Page 27
1 Q WAS YOUR BROTHER STEVEN ABLE TO TAKE CARE OF
2 YOUR FATHER?
3 A HE WAS, BUT HE HAD OUR MOTHER AND DADDY DIDN'T
4 WANT TO STAY THERE.
5 AFTER I GOT OUT THE HOSPITAL, ROBERT TRICKED ME
6 INTO GOING OVER THERE TO SEE HIM. AND AS SOON AS I WALKED
7 IN THE DOOR -- BECAUSE I HAD JUST HAD SURGERY AND I WAS
8 STILL REALLY BLEEDING FROM THE INCISION. BUT WHEN DADDY SAW
9 ME, HE SAID, I BEEN WAITING ON YOU.
10 I SAID, WAITING ON ME?
11 HE SAID, YEAH. I'M READY TO GO HOME.
12 AND I STARTED TALKING TO STEVIE AND QUINTON ON
13 THE TELEPHONE AND DADDY GOT UP AND WALKED OUT AND GOT IN THE
14 CAR.
15 Q SO DO YOU RECALL THE APPROXIMATE MONTH AND YEAR
16 THAT THIS HAPPENED?
17 A JULY OF 2008. 2008, BECAUSE THAT WAS -- THE
18 LAKERS LOST TO BOSTON THAT YEAR IN THE PLAYOFFS AND I HAD
19 SURGERY THE FIRST DAY, THURSDAY, JUNE 12TH OF 2008.
20 Q SO YOUR FATHER CAME TO LIVE WITH YOU
21 APPROXIMATELY MAY/JUNE, EARLY JUNE OF 2008?
22 A YES.
23 Q AND THEN YOU HAD SURGERY -- AND THEN IS IT YOUR
24 TESTIMONY THAT YOU HAD SURGERY SHORTLY THEREAFTER?
25 A YES.
26 Q AND IS IT ALSO YOUR TESTIMONY THAT YOUR FATHER,
27 WHILE YOU WERE IN THE HOSPITAL, WENT TO LIVE WITH YOUR
28 BROTHER STEVEN?
Page 28
1 A THAT'S CORRECT.
2 Q OKAY.
3 APPROXIMATELY HOW LONG WAS HE AT STEVEN'S HOUSE?
4 A MAYBE FIVE OR SIX WEEKS, I'M NOT SURE.
5 SOMEWHERE AROUND THERE.
6 Q WAS YOUR MOTHER ALSO AT THE HOUSE AT THE SAME
7 TIME?
8 A YES.
9 Q HAD YOU EVER SEEN YOUR FATHER LIVE WITH YOUR
10 MOTHER SINCE 1968?
11 A JUST WHEN HE WAS IN STEVIE'S HOUSE -- STEVEN'S
12 HOUSE.
13 Q SO IS IT TRUE -- IS IT YOUR TESTIMONY THAT FOR A
14 PERIOD OF, ROUGHLY, 40 YEARS YOU SAW YOUR MOTHER AND FATHER
15 LIVING TOGETHER ONLY ONCE FOR A PERIOD OF SIX WEEKS?
16 A YES.
17 Q AND IS THAT TIME PERIOD ONLY WHILE YOU WERE IN
18 THE HOSPITAL?
19 A AFTER I GOT OUT THE HOSPITAL AND RECOVERED, YES.
20 Q AND WHEN YOU WENT TO PICK YOUR FATHER UP, WHAT
21 DID HE SAY TO YOU?
22 A I BEEN WAITING FOR YOU.
23 Q AND WHY DO YOU THINK HE SAID THAT?
24 A HE WAS READY TO GO HOME.
25 Q AND WHAT -- THERE WAS -- IS IT YOUR TESTIMONY
26 THAT A SOCIAL WORKER SUGGESTED YOUR FATHER GET HIS AFFAIRS
27 IN ORDER?
28 A YES.
Page 29
1 Q AND HOW DID THE SOCIAL WORKER COME TO BE
2 INVOLVED WITH YOUR FATHER?
3 A FROM HIS HOSPITAL, KAISER.
4 Q SO IS THIS A COUNTY OF LOS ANGELES EMPLOYEE OR
5 AN EMPLOYEE OF KAISER PERMANENTE?
6 A KAISER EMPLOYEE. SHE'S -- THEY WERE FROM THE,
7 WHAT THEY CALL, A PALLIATIVE PROGRAM.
8 THE COURT: ALL RIGHT. JUST A MINUTE.
9
10 (A DISCUSSION WAS HELD IN OPEN COURT,
11 WHICH WAS NOT REPORTED.)
12
13 THE COURT: GO AHEAD.
14 BY MR. LAK
15 Q AND HOW OFTEN DID KAISER EMPLOYEES VISIT YOUR
16 FATHER IN YOUR HOME?
17 A ABOUT EVERY OTHER DAY UNLESS SOMETHING HAPPENED,
18 AND WE WOULD CALL THEM AND THEY WOULD COME OUT, LIKE, ON AN
19 EMERGENCY VISIT.
20 Q AND WHAT WOULD THEY DO WHEN THEY GOT TO YOUR
21 HOUSE?
22 A WELL, IT DEPENDS ON WHO CAME. ENEDENA, SHE'S
23 HISPANIC. I THINK IT'S E-N-E-D-E-N-A, BUT I'M NOT SURE.
24 BUT SHE WOULD COME AND BATHE DADDY. AND THEN THE NURSE,
25 NURSE WOULD COME OUT AND, YOU KNOW, TAKE HIS BLOOD PRESSURE
26 AND MAKE SURE HE HAD HIS MEDICINE AND TAKE HIS PULSE, AND
27 STUFF.
28 Q WERE THERE ANY OTHER PROFESSIONALS OR SOCIAL
Page 30
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.
Page 31
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.
Page 32
1 FURTHER CROSS EXAMINATION.
2 MS. BURRELL: YES, YOUR HONOR.
3 MR. RANDALL: YES, YOUR HONOR.
4
5 RECROSS-EXAMINATION
6 BY MR. RANDALL
7 Q MRS. FULLER, YOU STATED YOUR FATHER REQUESTED
8 THAT YOU AND ROBERT TAKE THE MONEY OUT OF THE BANK; IS THAT
9 CORRECT?
10 A YES.
11 Q DID HE TELL YOU WHY HE WANTED TO TAKE IT OUT OF
12 THE BANK?
13 A YES.
14 Q WHAT WAS THE REASON?
15 A BECAUSE HE DIDN'T WANT STEVIE TO PUT -- TAKE HIS
16 MONEY FROM HIM.
17 Q DID HE TELL YOU WHAT TO DO WITH IT?
18 A NO. HE JUST SAID GO GET IT.
19 Q AND ONCE YOU GOT IT, WHAT DID YOU DO WITH IT?
20 A BROUGHT --
21 Q LET ME REPHRASE THAT QUESTION.
22 DID YOU RE-DEPOSIT IT INTO ANY OTHER BANKS?
23 A NO.
24 Q DID YOU PUT IT IN A CREDIT UNION?
25 A NO.
26 Q WHAT DID YOU DO WITH THE CHECK?
27 A I CASHED IT.
28 Q AND WHAT DID YOU DO WITH THE CASH?
Page 33
1 A PAID SOME BILLS.
2 Q HOW LONG AFTER YOU RECEIVED THE CHECK DID YOU
3 CASH IT?
4 A I DON'T KNOW. COUPLE A DAYS, MAYBE.
5 Q DID YOUR FATHER TELL YOU WHAT TO DO WITH IT?
6 A NO.
7 Q DID HE TELL YOU HE WAS GIVING IT TO YOU AS A
8 GIFT?
9 A YES.
10 Q DID HE TELL YOU -- WERE YOU AWARE THAT HE HAD NO
11 OTHER FUNDS IN THE BANK?
12 A HE DID.
13 Q HE HAD OTHER FUNDS IN ANOTHER BANK?
14 A NO, NOT IN ANOTHER BANK, IN CITIBANK.
15 Q DO YOU KNOW HOW MUCH HE HAD IN CITIBANK?
16 A I'M NOT SURE.
17 Q 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 A YES.
21 MR. RANDALL: NOTHING FURTHER.
22 MR. LAK: I JUST HAVE A COUPLE FOLLOW-UP QUESTIONS.
23 THE COURT: HOLD ON. GO AHEAD.
24
25 RECROSS-EXAMINATION
26 BY MS. BURRELL
27 Q MS. FULLER, YOU CARED FOR YOUR FATHER DURING
28 THAT 15 MONTHS TIME PERIOD, DIDN'T YOU?
Page 34
1 A YES.
2 Q YOU COOKED HIS MEALS, DIDN'T YOU?
3 A YES.
4 Q YOU DROVE HIM AROUND?
5 A YES.
6 Q HE WASN'T DRIVING; IS THAT CORRECT?
7 A NO.
8 Q AND, IN FACT, HE STAYED WITH YOU AND THEN LATER
9 WITH STEVEN BECAUSE HE NEEDED SOMEONE TO HELP HIM AND TO
10 CARE FOR HIM; IS THAT CORRECT?
11 A YES.
12 Q HE WAS DEPENDENT UPON YOU, WASN'T HE?
13 A I DON'T KNOW IF HE WAS DEPENDENT UPON ME, BUT I
14 TOOK CARE OF HIM JUST LIKE I DID CAROL WHEN SHE WAS LIVING
15 WITH ME.
16 Q HE COULDN'T COOK HIS OWN MEALS ANYMORE, COULD
17 HE?
18 A NO.
19 Q HE COULDN'T BATHE HIMSELF ANYMORE, COULD HE?
20 A NO.
21 Q AND HE COULDN'T DRIVE HIMSELF AROUND, COULD HE?
22 A NO.
23 Q AND ISN'T IT TRUE THAT YOU PAID HIS BILLS FOR
24 HIM, AS WELL?
25 A YES.
26 Q YOU TESTIFIED THAT HE INSTRUCTED YOU TO GO TO
27 THE BANK TO WITHDRAW HIS MONEY?
28 A YES, UH-HUH.
Page 35
1 Q IS THAT CORRECT?
2 A UH-HUH.
3 THE COURT: YES?
4 THE WITNESS: YES. I'M SORRY.
5 BY MS. BURRELL
6 Q HE WANTED YOU TO WITHDRAW THAT MONEY TO
7 PROTECT -- TO HOLD IT FOR SAFEKEEPING; ISN'T THAT CORRECT?
8 A NO.
9 Q 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 WAS YOUR FATHER -- IS IT YOUR TESTIMONY THAT
21 YOUR FATHER WAS PHYSICALLY RELIANT UPON YOU FOR MEALS AND
22 BATHING?
23 A YES, I COOKED FOR HIM. I DIDN'T BATHE HIM.
24 Q DID THE NURSES BATHE HIM?
25 A YES.
26 Q SO HE NEEDED HELP PHYSICALLY?
27 A YES.
28 Q OKAY.
Page 36
1 DID HE NEED HELP MENTALLY?
2 A NO.
3 Q SO, WAS HE SHARP?
4 A UH-HUH.
5 THE COURT: YES?
6 THE WITNESS: YES. I'M SORRY, I'M SORRY.
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.
Page 37
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.
Page 38
1 MS. BURRELL: YES.
2 MR. RANDALL: YES.
3 THE COURT: THANK YOU VERY MUCH. YOU'RE EXCUSED.
4 THE WITNESS: THANK YOU.
5 THE COURT: WE'RE IN RECESS UNTIL 10:00 TOMORROW
6 MORNING. COUNSEL ARE EXCUSED UNTIL THAT TIME.
7
8 (THE PROCEEDINGS WERE ADJOURNED TO
9 TUESDAY, MAY 24, 2011 AT 10:00 A.M.)
10
11 (THIS CONCLUDES THE REQUESTED
12 TRANSCRIBED PORTION OF THE
13 PROCEEDINGS.)
14
15
16
17
18
19
20
21
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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 ____________________________________)
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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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23 _________________________, CSR #9249
OFFICIAL REPORTER
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