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1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 FOR THE COUNTY OF LOS ANGELES
3 DEPARTMENT 308 HON. EMILIE H. ELIAS, JUDGE
4
5 BARRY BERNSON, et al.,
6 Plaintiffs,
SUPERIOR COURT
7 vs. CASE NO. VC 046 716
8 CITY OF DOWNEY, et al.,
9 Defendants.
___________________________________)
10
11 REPORTER'S TRANSCRIPT OF PROCEEDINGS
12 Friday, August 24, 2007
13 APPEARANCES OF COUNSEL:
14 PLAINTIFFS: (Appearing in pro per)
Jeff M. Hill
15 Leonard Martin
Azalia O'Neal
16 Skye Basile
Steve Basile
17 Frank Serrao
Harold Norbom
18 Derek Norbom
19 FOR IRG DEFENDANTS: FAINSBERT, MASE & SNYDER, LLP
BY: DAVID S. WHITE, ESQ.
20 11835 West Olympic Boulevard
Suite 1100
21 Los Angeles, California 90064
(310)473-6400
22
23
24
25 (Appearances continued on next page.)
26
DAVID A. SALYER, CSR, CMR, CRR
27 Official Court Reporter
License No. 4410
28
1 APPEARANCES OF COUNSEL: (CONTINUED)
2
FOR BOEING: BARG, COFFIN, LEWIS & TRAPP
3 BY: KATHERINE OCHLSCHLAGER, ESQ.
One Market
4 Steuart Tower, Suite 2700
San Francisco, California 94105-1475
5 (415)228-5400
6
FOR DREAMWORKS: PRINDLE, DECKER & AMARO, LLP
7 BY: GOPAL S. PATEL, ESQ.
310 Golden Shore
8 4th Floor
Long Beach, California 90802
9 (562)436-3946
10
FOR CITY OF DOWNEY: CARPENTER, ROTHANS & DUMONT
11 BY: JONATHAN D. REDFORD, ESQ.
888 South Figueroa Street
12 Suite 1960
Los Angeles, California 90017
13 (213)228-0400
14
FOR EZRA LOW CO.: WILSON, PETTY, KOSMO & TURNER, LLP
15 ENTERTAINMENT BY: RONALD MILSAP, ESQ.(Spec.App)
PARTNERS ROBIN WOFFORD, ESQ.
16 550 West C Street
Suite 1050
17 San Diego, California 92101-3532
(619)236-9600
18
19 FOR DREAMWORKS: EVERT, WEATHERSBY & HUFF
BY: ROGER C. WILSON, ESQ.
20 (678)651-1200
21
22
23
24
25
26
27
28
1
1 CASE NUMBER: VC 046 716
2 CASE NAME: BERNSON V. CITY OF DOWNEY
3 LOS ANGELES, CALIFORNIA FRIDAY, AUGUST 24, 2007
4 DEPARTMENT 308 EMILIE H. ELIAS, Judge
5 REPORTER: DAVID A. SALYER, CSR 4410
6 TIME: 11:00 A.M.
7 -o0o-
8 THE COURT: Good morning.
9 We're on Bernson and do we have counsel now?
10 Who do we have here?
11 MR. HILL: Jeffrey Hill.
12 MR. MARTIN: Leonard Martin.
13 MR. REDFORD: Jonathan Redford for the defendant, City
14 of Downey.
15 MR. WHITE: David White for what we have called the IRG
16 defendants and with me is Ms. Annie Tehan in the jury box.
17 She is my paralegal.
18 MR. PATEL: Gopal Patel appearing for the defendant
19 Dreamworks.
20 I had an emergency. I apologize for my attire today.
21 MR. SERRAO: Frank Serrao, one of the defendants.
22 THE COURT: Okay.
23 MR. SERRAO: Plaintiffs, sorry.
24 MRS. BASILE: Skye Basile, plaintiff.
25 MR. BASILE: Steve Basile, plaintiff.
26 THE COURT: And do we have people on the phone, too?
27 Are all of you on the phone representing yourself?
28 MR. MILSAP: This is Ronald R. Milsap and I represent
DAVID SALYER, OFFICIAL COURT REPORTER
2
1 defendant Ezra Low. We're specially appearing.
2 MR. WOFFORD: Robin Wofford. I represent the defendant
3 Entertainment Partners.
4 MR. WILSON: Roger Wilson representing the defendant
5 Dreamworks production LLC.
6 MS. OCHLSCHLAGER: Katherine Ochlschlager for the
7 Boeing Company.
8 THE COURT: Okay. So no one has obtained a lawyer,
9 then, on this case? You are all going to represent yourself;
10 is that what's going to happen? Because it's really -- I have
11 put it over for months to get lawyers.
12 MR. HILL: I'm currently seeking two attorneys that are
13 in two firms about this and that's where I'm at right now.
14 THE COURT: But I have to start letting it open up and
15 let them start doing discovery and all of that.
16 I mean, there were 42 plaintiffs to begin with.
17 Fifteen people representing themselves and I only have five
18 here today.
19 So I don't know what has happened to the other 10
20 plaintiffs, even.
21 MR. WHITE: Your Honor, we count 18 plaintiffs that
22 have not dismissed at the present time.
23 THE COURT: Okay.
24 MR. WHITE: I can give you those names for the record.
25 If there are five here, there are 13 missing.
26 THE COURT: Okay. So they are not doing anything?
27 MR. WHITE: They are certainly not appearing.
28 We have been giving notice, your Honor, to all the
DAVID SALYER, OFFICIAL COURT REPORTER
3
1 plaintiffs pro per, self represented or otherwise.
2 MR. REDFORD: Your Honor, there are also two pro per
3 plaintiffs on the phone who may not have represented
4 themselves.
5 THE COURT: Are there two individuals on the phone?
6 Who is on the phone?
7 MR. DEREK NORBOM: Derek Norbom and Harold Norbom.
8 THE COURT: And you are representing yourselves?
9 MR. HAROLD NORBOM: This is Harold Norbom.
10 I'm still in the process of seeking attorneys.
11 THE COURT: Here's the thing.
12 I'm going to lift the stay on discovery.
13 What is going to happen is they are going to start
14 sending out a million pieces of paper that you're going to --
15 somebody has their cell phone with bluetooth on. Hello?
16 You have to turn it off.
17 They are going to start sending out a million questions
18 for you to answer.
19 You are going to have to start doing this.
20 I can't really wait.
21 I have put this over -- I have stayed this case now for
22 months waiting for things to happen.
23 MR. HAROLD NORBOM: This is Harold Norbom.
24 I have contacted over probably 23 different attorneys'
25 offices and part of them are a conflict of interest with this
26 case and the rest of them they say we have a case but they are
27 not interested.
28 I'm still contacting more.
DAVID SALYER, OFFICIAL COURT REPORTER
4
1 THE COURT: Well, I understand, but I have to, at this
2 point, let the defense start taking some discovery.
3 Now, there was something in the matter filed by the
4 defense that says that you don't have the proofs of service on
5 the motions to withdraw; is that right?
6 MR. WHITE: Yes, your Honor.
7 THE COURT: He has not filed those yet.
8 MR. WHITE: They have not been filed and under the rule
9 which I'm sure your Honor --
10 THE COURT: They're not effective.
11 MR. WHITE: They are not effective until they are filed
12 and none of them have been filed.
13 THE COURT: None of them have been filed?
14 We can check that.
15 We assume the lawyers or clients can check that.
16 MR. WHITE: May I ask Ms. Tehan, my paralegal, because
17 she is tracking that for us.
18 Ms. Tehan says there has not been any orders or proofs
19 of service.
20 THE COURT: There are no proofs of service?
21 Did you all get copies when I granted the motion for
22 your lawyer to no longer be your lawyer? Did you get a copy
23 of my order?
24 MR. HILL: Yes, ma'am, I did.
25 MR. BASILE: Yes.
26 THE COURT: Did he mail it to you?
27 MR. HILL: I think it was Boeing's thing when I read
28 it, when it didn't come from Bryman Apelian. I just read it in
DAVID SALYER, OFFICIAL COURT REPORTER
5
1 the Court papers of Boeing's stating that Bryman and Apelian
2 was withdrawing.
3 MR. REDFORD: I believe he is probably referring to the
4 notice of ruling.
5 THE COURT: They didn't serve you a copy of the order,
6 though?
7 MR. HILL: No.
8 THE COURT: Okay. Where do we begin?
9 Okay. We will have to set an OSC on him for having
10 done that.
11 You gave notice of ruling to all of the individuals; is
12 that what happened?
13 MR. REDFORD: Counsel for the Boeing defendants gave
14 notice, I believe. And I believe it was provided to all the
15 pro per plaintiffs.
16 THE COURT: Okay. All right.
17 I will set an OSC on Mr. Apelian. We will double check
18 and if it is, we will set an OSC on him for the failure to
19 file the proofs of services, but I want to double check.
20 Then who added all of these additional parties?
21 MR. WHITE: Your Honor, my understanding on that is
22 that my clients, the IRG defendants, were served with the
23 first-amended complaint.
24 We have since been told when Mr. Apelian was counsel
25 for plaintiffs he sent out something called a notice of errata
26 and we believe that is an attempt to bootstrap in plaintiffs
27 who were not named, and we have been tracking that now.
28 Some of those folks have since been dismissed, so I
DAVID SALYER, OFFICIAL COURT REPORTER
6
1 don't know whether the issue is live right now or not.
2 THE COURT: I don't know either. Okay.
3 MR. WHITE: We were going to make a motion on that when
4 the demurrers are heard and so forth, when the stay is lifted.
5 THE COURT: So I think we need to lift the stay.
6 Do the rest of you in the back, you're going to
7 represent yourselves; is that the plan?
8 You're not even looking for lawyers?
9 MR. SERRAO: Yes, we're looking.
10 MR. BASILE: I have an appointment today to see one.
11 MS. O'NEAL: Azalia O'Neal. I'm the nurse working with
12 the construction crew on the island.
13 MR. REDFORD: She is one of the pro per plaintiffs.
14 THE COURT: You are representing yourself in this
15 litigation?
16 MR. REDFORD: Unfortunately, at this point, yes, ma'am.
17 THE COURT: Okay.
18 MS. O'NEAL: I have no counsel.
19 THE COURT: Then the defense is going to get to start
20 filing motions. Okay. So you're going to file demurrers?
21 Are there any demurrers?
22 MR. WHITE: Your Honor, this is, again, on behalf of
23 the IRG defendants. We filed a demurrer back in April. It
24 was actually set for hearing when the case was received in the
25 Norwalk Superior Court.
26 So we have filed the demurrer. It has been taken off
27 calendar due to the Court's order. We would like to file it
28 again.
DAVID SALYER, OFFICIAL COURT REPORTER
7
1 THE COURT: So you want the same one?
2 MR. WHITE: Yes.
3 MR. REDFORD: The same for the City of Downey.
4 MS. WOFFORD: Your Honor, this is Robin Wofford for
5 Entertainment Partners. We did the same thing, we had filed
6 demurrers based on Worker's Comp exclusivity when the hearing
7 was set, so I would put those back on.
8 MS. OCHLSCHLAGER: Katherine Ochlschlager for Boeing.
9 We have a motion we would like to file that is not yet on
10 file.
11 THE COURT: What is that?
12 MS. OCHLSCHLAGER: A motion to dismiss based on the
13 fact that the United States is an indispensable party.
14 THE COURT: The entire United States?
15 MS. OCHLSCHLAGER: That is what we would need to see
16 under the Claims Act. Unfortunately there is no jurisdiction
17 in the Superior Court. Specifically the party involved is
18 NASA.
19 MR. WHITE: The IRG defendants would want to join in
20 that, your Honor, when that's happening.
21 THE COURT: Okay. So let's file them. Are they all
22 ready to go?
23 MS. OCHLSCHLAGER: Yes, your Honor.
24 MR. WILSON: Roger Wilson for Dreamworks.
25 We also had a motion on file in the case, the pleading
26 in Federal Court, which we would probably want to refile and
27 also want to join some of the aforementioned motions today
28 also.
DAVID SALYER, OFFICIAL COURT REPORTER
8
1 THE COURT: Okay. So if we get all this stuff filed by
2 August 31st, we can set it all for hearing.
3 October 4th is a good day.
4 MR. WHITE: Your Honor, could we do it on a date other
5 than October 3 through 5?
6 I have to be in a convention in Chicago.
7 THE COURT: October 9th.
8 MR. WHITE: That's fine.
9 THE COURT: I thought I put something on October 9th
10 yesterday.
11 October 9th. Okay.
12 MS. WOFFORD: This is Robin Wofford.
13 Do you want the parties who have already filed their
14 motion just to refile them or just refile a new notice?
15 THE COURT: Here's what I want.
16 Let me just do this.
17 What did I just say? I said October 9th, '07.
18 Block a couple hours.
19 Okay. Previously filed motions are fine. Don't refile
20 motions. Just renotice and provide a courtesy copy to me.
21 Otherwise I will never find them in the file. Renotice with a
22 courtesy copy to me. They will send them to you all.
23 MR. WHITE: Your Honor, excuse me for interrupting, the
24 courtesy copy should be delivered to your chambers?
25 THE COURT: Absolutely.
26 If you want us to get them to read them.
27 MR. WHITE: We do.
28 THE COURT: Okay. So just renotice them with courtesy
DAVID SALYER, OFFICIAL COURT REPORTER
9
1 copies.
2 Obviously you will have to serve copies of all the
3 motions on all the litigants with the renotice. Okay?
4 All right.
5 Okay. That takes care of the motions. So we really
6 don't want to do any discovery until that gets done, anyhow.
7 MR. WHITE: Just so the Court knows, your Honor, this
8 is, again, on behalf of the IRG defendants.
9 We have propounded discovery as of last March. So that
10 still is stayed at this time?
11 THE COURT: If you think you are going to get out on
12 other things, let's wait and see.
13 MR. WHITE: Okay.
14 THE COURT: Okay. So that's giving you basically --
15 we're going to have this hearing where they are going to try
16 to kick all these cases out of court. And that motion is
17 going to be heard on October 9th. So you if you're going to
18 get lawyers, there are legal reasons why this case cannot be
19 in court. You're going to need to get somebody along the way
20 before then. It's another six weeks, almost two months from
21 now.
22 Okay. Everybody understand that?
23 They will send out notice to all of you.
24 You are sending out notice to all 18 of the people who
25 are representing themselves?
26 MR. WHITE: Yes. That is what we're doing.
27 It had been a larger group so would were noticing them.
28 We're tracking the dismissals and the ones who have
DAVID SALYER, OFFICIAL COURT REPORTER
10
1 said dismissals are coming. So it's down to 18 now.
2 THE COURT: If you have that, it's really helpful for
3 us if you get Starr, my judicial assistant's e-mail address
4 and e-mail that to us and we put a copy in our file.
5 As you update it, if you periodically e-mail us, we
6 will keep track of what is going on. That is what we have
7 done in most of these multi-party cases.
8 MR. WHITE: Very good.
9 THE COURT: Okay. So that is all we're really going to
10 do. I will keep the stay otherwise.
11 Now the question is why was Downey not here? What was
12 the deal with Downey last time?
13 THE CLERK: There was a stip.
14 MR. WHITE: That was, your Honor, my partner Rick
15 Wirick who is my co-counsel for the IRG defendants.
16 The reason for that was apparently there was some
17 confusion, I think, mostly on his part.
18 He had applied ex parte, pursuant to a stipulation of
19 all defense counsel to put this over to today. And I think
20 there were some issues about a misunderstanding about giving
21 notice.
22 I think, your Honor --
23 THE COURT: All these individuals showed up.
24 MR. WHITE: That was unfortunate and we certainly
25 apologize to the Court for that.
26 THE COURT: It's apologizing to them. They all had to
27 come here. We're here anyhow, they all made the trip and
28 there was nobody here.
DAVID SALYER, OFFICIAL COURT REPORTER
11
1 MR. WHITE: Mr. Wirick and I apologize to all the
2 plaintiffs who came on that occasion.
3 THE COURT: I'm setting that on October 9th.
4 I will set another status conference on October 9th.
5 Okay?
6 So now somebody is going to give notice of this.
7 9:00 o'clock.
8 MR. WHITE: And the motion hearings are also at 9:00?
9 THE COURT: Same time. Because everybody will be here
10 that day. Okay. Everybody will be there.
11 So everybody has a plan?
12 Here's the plan.
13 They have the motions they want to bring. I really
14 can't wait any more in letting them bring those motions
15 because if we had a lawyer here who wanted to come in, that
16 doesn't appear that's happening.
17 They are getting to do it. If you have a lawyer, you
18 will have these papers they filed. You can take them and show
19 them to a lawyer and see if somebody comes in.
20 If the lawyer comes in and really substitutes in and
21 they need some time to get ready for those motions, that's
22 fine. I will give them time to get ready for the motions, but
23 I need to get this moving along.
24 So we're going to set it on October 9th. They are
25 going to give you notice of that hearing. They are also going
26 to give you notice -- you're going to be receiving lots of
27 pieces of paper from each of the different law firms saying
28 why they think your case should be thrown out of court. All
DAVID SALYER, OFFICIAL COURT REPORTER
12
1 right? You will be getting a lot of these and you have to
2 respond them if you want on oppose them.
3 If you're not going to have a lawyer, you have to
4 oppose them yourselves and you have to look at the Code of
5 Civil Procedure and get the time frames on them. I can't give
6 you legal advice. Okay?
7 That's what the plan is.
8 So is there anything, any questions anyone has?
9 Otherwise, we're just going to be reconvening, then, on
10 October 9th when I have all these motions to read.
11 Yes?
12 MS. O'NEAL: Can the Court appoint us an attorney for
13 our defense?
14 THE COURT: No. We do not have appointed counsel for
15 plaintiffs or for defendants in civil cases.
16 MS. O'NEAL: Okay.
17 THE COURT: You have a right -- because we don't make
18 people work for free. So you can have -- you can represent
19 yourself. You are welcome to do that. It will be difficult,
20 but you're welcome to do that, otherwise you have to find a
21 lawyer who wants to take the case.
22 If there isn't a lawyer that wants to take the case, it
23 may be because they don't think it's going to go very far.
24 But you need to talk to a lawyer. You can call the
25 L.A. County Bar Lawyer Referral Service. They have lawyers
26 that you can talk to and consult with, but they are all going
27 to want to get paid. We can't appoint anyone. Okay. Yes,
28 sir in the back?
DAVID SALYER, OFFICIAL COURT REPORTER
13
1 MR. SERRAO: What we have been finding is that when a
2 lawyer drops a case like this because of the federal issue,
3 it's really hard to get another one to pick it up because
4 there is some issue.
5 THE COURT: The issue is that you may not -- your case
6 may not proceed.
7 MR. SERRAO: Yeah.
8 THE COURT: So that's what we're going to decide on
9 October 9th.
10 MR. SERRAO: That's not what they said to me, but that
11 wasn't the reason. They gave me a reason what they think, but
12 I don't want to get into it.
13 THE COURT: You have attorney-client privilege with
14 that. You don't need to tell me. Whatever it is, I don't
15 want to know. I can't make people work for you.
16 MR. SERRAO: No. I understand.
17 THE COURT: So that's how it is. So you have a right
18 to do it by yourself.
19 As I said, it would be very difficult.
20 The lawyers will bombard you with paper and with
21 motions to respond and discovery to respond to, but you have a
22 right to do it and they have a right to do that and I don't
23 mean to bombard you in a way that is mean to you, but first
24 they need to go through your pleadings to see whether they are
25 good. Then they will send you a lot of discovery about how
26 long you really worked there, what you were exposed to, what
27 other things you have been exposed to, all those kinds of
28 things is going to go on for a while.
DAVID SALYER, OFFICIAL COURT REPORTER
14
1 MR. MARTIN: I have a notice of change of address. I
2 would like to know if I can --
3 THE COURT: Did you file that?
4 MR. MARTIN: Yes, this morning.
5 THE COURT: Is it official notice of change of address
6 on our form?
7 THE COURT ATTENDANT: It's missing the proof of
8 service. It has no proof of service.
9 THE COURT: You have to serve that on everyone.
10 MR. MARTIN: I was wondering if I could hand it to the
11 defendants that are here and then I will serve the other ones.
12 THE COURT: If you have copies for everyone, you can
13 personally serve them.
14 MS. WOFFORD: This is Robin Wofford.
15 Could we have an identification of who that plaintiff
16 is?
17 MR. MARTIN: Leonard Martin.
18 THE COURT: Maybe, counsel, when you give notice of
19 today, maybe it would be easier --
20 Who will give notice?
21 MR. WHITE: I will give notice.
22 THE COURT: Maybe it will be easier to just include the
23 change of address with that notice.
24 MR. WHITE: That is what I intend to do. I would be
25 willing to waive service.
26 THE COURT: He will do it for you. He will do it for
27 you. Okay?
28 MR. MARTIN: Thank you very much.
DAVID SALYER, OFFICIAL COURT REPORTER
15
1 MR. WHITE: Your Honor, may I inquire further, may we
2 include in our notice of ruling a statement by the Court with
3 respect to the plaintiffs who are not appearing? In other
4 words, if there are 18 and there are five or six here today,
5 we have the next status conference on the 9th.
6 THE COURT: They don't have to come.
7 MR. WHITE: They don't.
8 THE COURT: They don't have to come. But I don't know
9 that they are going to oppose your motion. I think we just
10 have to wait and see how this sorts out.
11 MR. WHITE: Okay. I was just thinking as a due process
12 matter --
13 THE COURT: I'm assuming they are getting notice of all
14 the status conferences, but if they choose to not come, it's
15 like a lawyer who doesn't come, they don't come.
16 I usually set an OSC only because I really really want
17 information from someone, but you're going to set these
18 motions and notice them and I'm assuming everybody is going to
19 come.
20 If there is an opposition to that, then the number of
21 this case will come down.
22 MR. WHITE: That is the issue, whether they respond or
23 don't respond, rather than appearing on these --
24 THE COURT: That's correct.
25 MR. WHITE: Thank you, your Honor.
26 THE COURT: Yes.
27 MR. MARTIN: Leonard Martin, plaintiff.
28 We're still out to -- we're still allowed to send in
DAVID SALYER, OFFICIAL COURT REPORTER
16
1 any evidence for exhibits like medical?
2 THE COURT: You will, down the line, but we haven't
3 gotten that far in this case.
4 MR. MARTIN: Okay.
5 THE COURT: Right now we're still -- they think your
6 case doesn't belong in court. They think your action is
7 barred by Worker's Compensation, barred by something to do
8 with NASA. It has other issues with it.
9 I don't have any idea whether that is true or not. I
10 haven't seen their papers. I haven't read their papers and I
11 haven't read your oppositions to it, but I will be reading
12 that on October 9th.
13 MR. MILSAP: Ronald Milsap on behalf of the defendant
14 Ezra Low Company.
15 Our client never had any ownership or control over the
16 property and we had previously reached an agreement with
17 plaintiffs' counsel before he withdrew that had not been
18 finalized to be dismissed based on an affidavit to that
19 effect.
20 We, therefore, have not filed a responsive pleading and
21 have been waiting for the plaintiffs to retain counsel so that
22 we would be in a position to get dismissed from the case on
23 that basis.
24 Your order that the papers be filed that -- previous
25 demurrers be filed, we would also like time to file papers
26 since we have not been able to find anyone that can dismiss
27 our client at this point.
28 THE COURT: What do you want to do? Do you want to
DAVID SALYER, OFFICIAL COURT REPORTER
17
1 file a summary judgment?
2 MR. MILSAP: I believe that would be the basis, your
3 Honor.
4 THE COURT: File a summary judgment.
5 MR. MILSAP: Okay. We don't have a time limit?
6 THE COURT: No. Just file it whenever you want.
7 MR. MILSAP: All right. Thank you, your Honor.
8 THE COURT: Okay. Anything else? Okay. All right.
9 Notice is going to be given.
10 MR. WHITE: I will give notice, your Honor.
11 THE COURT: See you all in October. Thank you very
12 much.
13 (End of proceedings.)
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DAVID SALYER, OFFICIAL COURT REPORTER
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 FOR THE COUNTY OF LOS ANGELES
3 DEPARTMENT 308 HON. EMILIE H. ELIAS, JUDGE
4
5 BARRY BERNSON, et al., )
)
6 PLAINTIFFS, )
) SUPERIOR COURT
7 vs. ) CASE NO. VC 046716
)
8 CITY OF DOWNEY, et al, )
)
9 DEFENDANTS. )
___________________________________)
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14 I DAVID SALYER, OFFICIAL COURT REPORTER OF THE SUPERIOR
15 COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF LOS
16 ANGELES, DO HEREBY CERTIFY THAT THE FOREGOING PAGES, 1
17 THROUGH 17 , INCLUSIVE, COMPRISE A TRUE AND CORRECT TRANSCRIPT
18 OF THE PROCEEDINGS TAKEN IN THE ABOVE-ENTITLED MATTER REPORTED
19 BY ME ON August 24, 2007.
20 DATED August 27, 2007.
21
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24 __________________________________
25 DAVID A. SALYER, CSR No. 4410, RMR
Official Court Reporter
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DAVID SALYER, OFFICIAL COURT REPORTER