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Dominic J, Campisi (SBN 63326)
deampisi@elc-law.com ELECTRONICALLY
Andrew Zabronsky, (SBN 115339)
azabronsky@ele-law.con FILED
Naznin Bomi Challa, (SBN 220898) Superior Court of California,
nehalla@ele-law.com County of San Francisco
EVANS, LATHAM & CAMPISI AUG 28 2014
One Post Street, Suite 600 Clerk of the Court
San Francisco, CA 94104 BY: JENNIFER NGO-CHAN
Telephone: (415) 421-0288 Deputy Clerk
Facsimile: (415) 421-0464
Attorneys for Miles Jeffrey Qvale
Individually and as Trustee
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
In the Matter of the ) Case No. PTR-13-297016
Kathryn C. Qvale Exempt Trust,
dated January 31, 2006 DECLARATION OF MILES
JEFFREY QVALE IN SUPPORT OF
OPPOSITION TO MOTION TO
STRIKE PORTIONS OF FIRST
AMENDED PETITION TO
DETERMINE VALIDITY
Miles Jeffrey Qvale, individually and as trustee,
VS.
Date: Sept. 11,2014
Time: 2:30 p.m.
Dept.: 204, Probate
Judge: Hon, Andrew Y.S, Cheng
Bruce H. Qvale, Laura Hiura, and Does 1-10
I, Miles Jeffrey Qvale, declare as follows:
1. Tam the Family Trustee for the above named trust.
2. I filed a First Amended Petition To Determine Validity of Power of Appointment;
For Redress For Wrongful Interference With Right To Inherit; For Damages and Other Relief For
Financial Elder Abuse Individually and as Family Trustee.
3. This declaration is in support of my Opposition To Motion To Strike Portion of First
Amended Petition To Determine Validity.
Declaration of Miles Jeffrey Qvale ISO Opposition ‘To Motion To Strike Case No. PTR-13-297016
Portions of First Amended Petition ‘To Determine Validity
alCm DH FF Ww
10
4. If called as a witness I could and would testify to the facts set forth in this
declaration.
5. A true and correct copy of excerpts of the transcript of my deposition testimony,
taken on July 8, 2014 is attached hereto as Exhibit A.
6. The highlighted sections in Exhibit A contain information concerning or including
my conversations with my father on February 19, 2013.
J declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, and that this declaration was executed on August 28, 2014, in San
tale
kKhes Jeffrey Qvale
Francisco, California
Declaration of Miles Jeffrey Qvale ISO Opposition To Motion To Strike Case No. PTR-13-297016
Portions of First Amended Petition To Determine Validity
2.EXHIBIT AWO NK Be
i
Jetf Qvale
remember the exact date.
Q. De you remember why you saw him in the
hospital?
A. Because he was there and he was sick.
oO. Okay. What was hé sick with?
AY T'm not sure at that time what it was, but
it might have been a urinary situation or something
like that.
Q. After visiting him in the hospital, did you
then subsequently visit him a few days later at
home?
A. Yes.
Q. Did you tape the conversation that you had
with him when you visited him at home?
MR. CAMPISI: As a matter of caution, I'm
going to instruct you not to answer on the grounds
of your right not to incriminate yourself and direct
to you take the Fifth Amendment on this issue.
THE WITNESS: So on advice of counsel, I
refuse to answer under the grounds of the Fifth
Amendment.
BY MR. KEKER:
Q. Okay. You have produced two tapes in this
case.
Can you teil us what dates those tapes were
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made?
MR. CAMPISI: I'll -~ as I stated before,
as an exercise of caution, I'm going to direct you
not to answer and to assert your Fifth Amendment
privilege.
BY MR. KEKER:
Q. Are you aware that taping a person without
their consent is illegal in California?
MR. CAMPTSI: Again, in an exercise of
caution, I'm going to direct you not to answer and
to assert your Fifth Amendment privilege.
THE WITNESS: Do you want me to actually
say it every time?
BY MR. KEKER:
Q. No. I want you -- yeah, please do.
A. Okay. I mean --
Q. Are you going to follow your counsel -~ are
you going to take the Fifth Amendment on these
questions? Just say so. "I take the Fifth."
A. Yes, T'm-going to --
Q. Just like Joe McCarthy.
A. On advice of counsel, i'm going to invoke
the Fifth Amendment.
Q. Okay. When you visited your father, did
you always tape him after the family meeting?
|
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MR. CAMPISI: I -~ in an exercise of
caution, I'm going to direct you not to answer on
the grounds that it may tend to incriminate you
under the’ Fifth Amendment.
MR. KEKER: Well, I do think that we're
entitled to know -~ well, first, let me ask you a
few more questions.
BY MR. KEKER:
Q. Are you aware of taping of your father by
others?
A. No.
QO. Did your son Chris record, tape or
videotape your father?
A. I think he might have videotaped a sales
meeting or a meeting at the office one time.
Q. Okay. Do you know what --
A. But that's all I know of.
Q. Do you know whether or not your son Chris
taped or videotaped or otherwise recorded your
father at any time after this family meeting in
2013?
A. No. I don't believe so. TI don't know
anything about it.
MR. CAMPTST: Again, have you to wait until
he answers [sic].
July 8, 2014
L
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Jeff Qvale
THE WITNESS: Sorry.
MR. CAMPISE: You're running over him.
Tt's not polite. Okay?
THR WITNESS: Okay. Sorry.
BY MR. KEKER:
Q. Did you or anyone, to your knowledge, tape
Zaura Hiura or record a conversation with her?
A. Not that I know of, no.
Q. Did you ever ask your father for permission
to record your conversation with him?
MR. CAMPIST: In an exercise of caution I'm
going to direct to you assert your Fifth Amendment
rights with respect to this question.
THE WITNESS: So I assert my fifth
amendment rights on advice of counsel.
MR. KEKER: Okay. Can we have the petition
for invalidity put in front of Mr. Qvale, please.
And we'll use the one at 1297016,
MR; KOPLOWITZ: John, is that the original
petition or the amended petition?
MR. KERKER: The amended petition that was
just filed. Excuse me. I should have said First
Amended Petition to Determine Validity of Exercise
of Power of Appointment dated July 3rd, 2014.
THE REPORTER: Would you like this to be
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Jeff Qvale
A. Yes.
Q. Okay. . Look at paragraph 49, please. It
says, Jeff spoke to his father on February 19, 2013.
Did you tape that meeting?
MR. CAMPISI: Again, I ~- in an exercise of
caution, I'm directing you not to answer under the
grounds of the Fifth Amendment.
THE WITNESS: I invoke the Fifth Amendment
on the advice of my attorney.
BY MR. KEKER:
QO. Paragraph 51, there's a statement that
says, On February 25, 2013 Jeff returned to visit
his father.
Did you tape that meeting?
A. No.
Q. Okay. Why not?
A. I don't know. T just didn't.
Q. There is a reference, at paragraph 52, last
- sentence says, In May of 2013, Jeff visited his
father, and Kjell volunteered that he had made a
mistake and there was nothing he could do about it,
and so on.
Did you tape that meeting?
A. No.
Q. Did you tape any other meeting besides the
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Jeff Qvale July 8, 2014
one on February 19, 2013, which you have invoked the
Fifth Amendment on and refuse to tell us whether or
not you taped? I understand that.
Did you tape any other meeting?
MR. CAMPISI: Okay. I -—- I move to strike
the preamble. If you want to rephrase the question.
MR. KEKER: No.
MR. CAMPIST: Okay. Because of the
preamble, I am going to, in an exercise of caution,
direct you and advise you to take the Fifth
Amendment as to this issue.
THE WITNESS: So on advice of counsel, I
invoke the Fifth.
BY MR. KEKER:
Q. Okay. Mr. Qvale, do you love your brother,
Bruce?
A. That's a good question. TI did. I'm not
sure how much now.
Q. Do you hate your brother, Bruce?
A. No.
Q. What are your feelings towards your
brother, Bruce?
A. I'm rather ambivalent. TI ~~ I don't hate
him or -- or love him that much right now.
Q. Do you think you and your brother, Bruce,
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Jeff Qvale July 8, 2014
At some point Bruce asked your father if he
could pay only interest on the notes, right, while
your father was alive?
A. T -- £ don't know what he did in that
regard.
Q. You don't -- you've never had a discussion
with your father, maybe a taped discussion, in which
you talked about interest on the notes with your
father?
MR. CAMPISI: Again, in an excess of
caution, T'm directing you not to answer on the
grounds that it may tend to incriminate you under
the Fifth Amendment. So I'd advise you to take the
Fifth Amendment on this.
THE WITNESS: I invoke the Fifth, as per my
lawyer's instructions.
BY MR. KEKER:
Q. Are you on tape telling your father ——
recordings that you made telling your father that
these notes had been forgiven and your father
saying, Weli, I agreed that he could only pay
interest on them?
MR. CAMPIST: Again, in an excess of
caution, I am directing you to exercise your rights
under the Fifth Amendment to remain silent as to
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this question,
BY MR. KEKER:
O.>. Okay. -
Ae ‘ q wish to. remain silent based on the Fifth
Amendment. : / :
Q. ‘het me not. lese the track here.
other than this --. these notes which we've
been discussing, is there anything that you can
point to about Bruce “engaging ‘in conduct. by. which
the. ning of Kjell was subjugated to his will?
ay father indicated bo
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Jeff Qvale “July 8, 2014
Q. And what he told you “was that aruee was not
paying interest on, the: noes?
i paying. “Bad he: was mad: .
“Q.. De you. know whether or not it was true
that Bruce was not. as / :
Aeon I don't know whether» it was: txue a
“wR. CAMPIST:, Let, him finish the “question.
You! re being cruel to the court: reporter. . You've
got. time to “Let him finish so be gets everything in.
: THE WOENESS: t uiderstand.. “tm sorry. oT.
apologize... : : :
: MR. -CAMPIST: /And: you can <7 you can ‘sit
and answer Lt without causing sajury to. the: court
: reporter. : :
“BY MR. KEKER:
Q. : “Do you. know whether or not. Bruce: aia stop
paying interest on the notes? oo
AL “ T-don"’. knew. what the situation was
Q: Do you know whether or ‘not. Bruce and your, .
father agreed that.he could pay only, interest on. the .
notes?
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July 8, 2014
oo Tusk:
: Q. And you don't know when in his estate
: planning Kjell provided that Bruce would get the
notes owed on this. loan from QAG on Kjell's death?
on, : E ‘believe Lt. was in “the January 30th
document that that happened. :
: ng - ALL right. Anything else ‘that We haven't
talked about. Bruce engaging in- conduct by which the .
auind of Kjell was. ; subjugated ‘to his will?
An od think that's =< that's all I can come up
with that. 1 remember’ at this moment. ~ os
there did Bruce live in 2012?
He was in Florida.
How. often aia he. see his father? :
I don't .know.
where did’ he live in 20132
I don?t know, really. 2 think dn Plorida.
How often did he see his father? .
-boknow: that, Ads.
Oae sionally...
and when
ery often,
faybe you're: right.
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Jabout: hat atithor
had Don Endo in ‘the past? .
“ana Limonot <
“anything surptising to you
dng Vaura tobe his proxy as che -
“hal “this: means:
Ax No. ods understand what.
“And: aL Was: Riel s. wish: “that haute ‘be: his.
proxy. for’ estate: and bax matters as Don: Endo- had in
£ne! past? 2
Be “ Bppawieatly.
QO. “Anything wrong with that? .
A... Not-on the face of dt, NO.
Did. you abkempty in: conversations “you had:
snit: haye any: wmainess with hin bhere;< which
a
apparently happened sometine in early January of
that year, 113 a /
Qe She's the controller of the Qvale Auto
Group and she has no business with —~
ORL Well =~ te
“WR. CAMPIST: Wait. You'ze reciting what
your father said? . : :
THE WITNESS: - Yes.
os a ve page 138,
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MR. CAMPIST:.. Okay.”
THE WITNESS: I'm reciting what he said:
“BY MR. KEKER:
Qo. Ts the. oo do you know it Laura has a son?
aL Tose I ‘know: she has.a child. I'm not sure :
a son or a daughter, yes.
OQ. De, you know whether or not her son “has any.
association with the hemophiliacs association which ©
yas. meeting in orlando?
A. Tdon't know.
OQ. De you know. whether or not. her soh spoke at
{oa convention of ‘the ‘hemophiliac association?
SAL. ET have no knowledge.
Qe. “bo ‘you “know while she. was there whether or.
not ‘she visited Bruce! Soe visited the Qvale. Auto:
group’ 8 audi dealerships. and helped. with financial
matters?
A. T have. no idea.
eihg patd and thate--ewhen-he sadd---~de
Ste . Rage 136
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And he said Well; eogontt think: Towanted,
at der thate | : / :
And: I: seid Well, T Beliews you did do
“inet. -
oan “Webruary, really.
“feriember that
And: he capethe:
sayings: Welk YOu: aia aed Af yous
thats you bigned ‘something that.
you. were helped tovsign it
byshauta's helping youd
Qa axe you. testifying now about a. conversation .
which. you taped without your father’ s consent?
MR. CAMPIST: In an excess of caution, I'm
going to direct you nol to answer under the Fifth
Amendment, ..
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: him
what
would
2012,
time
5
A.
Q.
Decemben... ‘throagh | Jannary, you had ‘conversations.
Be
where. he was talking about now the car. Fast
ere “bappens: 0° bes his: nine pops up; ‘and oe
a So when : :
So “that had happened “peyeral times. I
say at was ino-~ in the time period of late.
November,/Decenber, through ganuary/vebruary,
frame.
Okay. Sometime in ‘late 2012, November or
wee your father. in which His, said that he thought.
the car assets that Bruce was getting were More
than the other. assets that you were getting;
risky
right?
A. “yhat 's_ correct. :
o ‘pid you realize at the time ‘you were » having
those conversations that Bruce. was getting certain :
assets and you were getting certain different
asscts? . :
“ oo the -- not: until ‘the meeting.
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of -~ of January.
Q. But this -- it had been on his mind, a
differential in risk between certain assets that
Bruce was going to get and certain assets that you
‘were going to get, for three months; right?
A. It could be. If I'm correct in my timing.
I'm not exactly sure when that first conversation
happened, but it could have been at that time. But,
nonetheless, that issue was ridiculous. Because
they weren't risky.
Q. T didn't ask you for your opinion. Let me
’ dust stick with -- stick with this because I'm
interested in what the -- Kjell, your father, the
person who still had control of these assets, said.
And what he said was certain assets are riskier.
Which ones were they?
A. ‘He said he -- he believed that the car
dealerships were riskier.
Q. Did he say why?
A. That he thought that the Land Rover
franchises were riskier because they guzzle too much
gas.
QO. Okay. And was he worried about government
regulation making cars like Land Rovers obsolete?
A. That was one of his comments, yes.
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“HR WEENESS: just don't know. Sorry.
BY MR. KEKER: : ee
Q. why did the subject: come wp, of ae not
being. equal, a month after the family meeting?
OB. This. was) -- on Hebruary 20th. 2 believe
that was the day.that 1 = one of ‘the days that I
vent. to talk. to ony father about it. . And he -was o>
Son that day he was andicating he didn't agree with
what had been, done. That's what, he indicated te me.
- 80. <- onthe 20th c-. or ‘this. was “the day
wafter. that -t spoke. to. my dad about it, 1 think.
“Qo. This is. the day after you taped a
conversation with your. dad?
.
. MR. CAMPTST: OT-}= in an excess of. caution, :
~T'm airecting you not to answer under your FLEth
Amendment privilege. oe
“ome WITNESS: T exercise ny privilege as’
per my attorney. Bo oS oe
BY MR. KEKER:
Can ‘you tell we why you were paving
That! scniobshow: he understood Q
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July 8, 2014
what you did,
as. fake: as f understood.
aod he Said; well; we shoulda’ Gall Gordan’.
‘and balkvabout ie.
he said that -~ from what = understood, I. didn't.
hear both sides of the. conversation, but. T heard
half of it, and that it seemed like Jordan was going
Lo come and talk to him about it -- that he ‘ought to
come and talk to him-about it.
. And after that. conversation, at. some point
LT ‘Jett and q went to get a bite: £0 eat and. came
back, and: Laura was there with Aim, talking to him
about what he: nad: done. And. there . was alot of
confusion as. to -- in. nis mind asto what. was: done.
He aidn't ¢ express an understanding of it.
and he didnt ~~ he didn't like it, .and ‘he was
getting agitated about dt. And at some point he
began to get confused.
“and. at that. point. we stopped the
conversation. Laura was, there. OT was there. He
was there. And i think Tanta left, and then T left
“shoctly thereafter, because he was: becamtng upset —
and -~ and confused about the situation.-- So. we
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‘deemed it wasn't. prudent to ‘continue or necessary to.
‘Pifth, again, I take, ib?
waution, since you. keep. pringing it up, Tt will
continue the. discussion.
9. And. this is the conversation that I've
asked, you five times whether or not..you ‘taped, and.
you've taken the ‘Fifth. _ You're going. to take ‘the
A. Yes.
MR CAMPIST: ves. in an exercise Of
advise you to assert, your ELEER Amendment
privileges.
“BY MR. KEKER?
Q. And now you say that Laura was there?
A. I'm going to exert [sic] my Five Amendment
privileges. : a : - :
Q. Laura was there?” os
MR. ‘CAMPISE: Was there where?” What are
you | talking about? :
BY MR. KRKER: :
oO. At ‘the ae this meeting, : this’ conversation.
“MR. CAMPISI:. ie Just explained a.
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BY MR. KBKER: 0”
Q..>. Ts the note on the books. of QAG?~
: cA. OAG got. money from my father's estate te
pay fox the Audi dealerships and various ‘other
expenses atthe dealership, So DAG borrowed the .
“mone y. Lxrom, the estate, It owed it to the estake..
So ‘then’ the estate, in’ this: last change, was
proposing to. transfer those notes ‘to Bruce.
Q. Your father loaned money: ‘to the business,
the QAG <7 0.
A. Yes. 6
Q. = ig that right?
Sa. ves.
Q. And. your. father took back a note; QAG owed -.
“your father a note?
A. Nes.
Q Once .-- once. your father died, who got the
note? Who did OAG: owe the money to? Who. owned the :
note after your father died?
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BY MR, KERER:
9. That's the situation right now,
- They would be owed to hin ain this. case,
yes. :
Qe Okev. De jena iknow if those notes have ever.
been forgiven, if they're still outstanding?
AL ot don't know anything othér ‘than the fact
they were transferred to him in that document.
Okay. You! ve told. us about a conversation
You igs haven't rol: 8:
is ‘the s+ where. started the questions, about.
Exhibit 17, which is.a conversation that yen had
‘around February, 20th.
You said you can't remember why. you had —
this conversation; right? :
oe AL Well, T ‘believe it's because after that
meeting; Brace called me about. ity T guess. :
QO. But -you.don't. know:
a AE can't remember Lf T cailed him er he :
called, me. I would assume “he called me. :
QO. Why would: you assume that?
A... Because I, don't think he “> 1. think he
heard from Laura that tohad discussions, with my dad,
and. he. wasn't happy. with ° the situation.
Oak Did, you ask him, some questions during’ that
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Q. And paragraph 10 -- excuse me, page 10,
paragraph -- the one that's marked G, Settler
expressly acknowledges.
Do you see that?
A. Yes.
Q. And further down in that paragraph, about
halfway down, it expressly acknowledges that the
aggregate value of your assets may be greater than
Jeff's; and he expressly approves any such excess
distribution and no adjustment need be made.
Do you see that language in this document?
A. I see it.
QO. Okay. And then this also has a no-contest
clause.
Are you aware of that? Took at page 20,
A. Yes.
Q. After January 30, 2013, I think we talked
before about meeting with Kjell and talking to him
about changes that had been discussed at the family
meeting; right?
A. Yes.
Q. And I don't recall your testimony, but I
think you said you couldn't remember’ the exact
number of times you met.
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-
What do you remember now? What's your best
recollection of how many times you met with him?
A. In that succeeding month, I'd say three or
four times.
: Q. And what about -- so the succeeding month
would be February.
How about March?
Yes. February. And a few times in March.
Like three or four?
I don't recall exactly.
More than one?
I would think more than one.
o> OD Bo p
How about April, how many times did you
meet with him in April on the subject of changing
his will?
A. I'm not sure that IT met with him every
single time it was regarding that. It was just
sometimes to say hello.
Q. Okay. In April did you meet with him -~
A. I believe I met with him or saw him during
the month, but I don’t remember how many times.
Q. At any time in April, did you talk to him
about trying to get him to change his will?
A. T may have. I may have discussed -~
discussed these points with him again. I don't
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Jeffavaie : July 8, 2014,
in the testing. But we got a summary letter.
Co. But, nevertheless, you were talking “to bim
about changing his will in May? : :
“al actually, £ didn't =- as T-said, T:didn't
start talking to him about. it. .He ‘started talking
.Q.°) Row do you ‘know that?
oaks . “ 2 Page 231
THORSNES LITIGATION SERVICES, LLC. | 877.771.3312 | -www.thorsnes.comONO ON Se woB
Jeif@vale
July 8.2014
“A, My brother told me she was.
: oO. And ad: Bhe -7* os
CA. Tn & phone ealh.. :
9, “pia she hear you 1 yelLing?
A. . ‘She may have.
0. . So. you were yelling at him or he was —
yelling ak you? "
ALL imagine Tt was yelling at Bruce.
“Oe” “Was “Bruce present? :
. A... No. But al the. isaue regarding the :
situation.
“So° talking fo your father in Feneuary,
you" ree yerLing: abohim- about. ‘Bruce?, "
Hee oven: pefore
One Xou! ve “alleged in your. petition, that aS of
this. January alteration, to. the gatate pian, xjell
was both unduly influenced and incompetent; ight?
. A. OO At the time of the January events in 143,
it was more and more apparent that he. was. not able
toe furiction in a normal manner:
So . “Page 232
: THORSNES LINGATION SERVICES, Lie | 877.771.3312 4 wwww.thorsnes.com oODAD OS Gr GB Sus oe
Jeff Qvale
thyds igatostoedl Low
oO. 80 a
Ac Te ae
O. Tim sorry. Go ahead.
Be Several times vin the previous months,. inecté
in = in late 12, during 2, it had become -
apparent that he. was not reading as ‘mich as. he was,
he. wasn't even watching ey. He Was not able to
comprehend things. He would “take ‘the newspaper. and
read the. sports: section over and, over and over’
agains : :
So at became more and mere apparent that he.
was not. as capable for sure as he had been in the
past.
- I don't believe Twas -
chigoss the.
something, got
: . - . Page 233 ©
“THORSNES LITIGATION SERVICES, LLG. | 877-771. 3312 | www.thorsnes. com
Joly 8, 2014Sew oN
Jeif Qvale -
talking: Eo Aimy
“hoaghe had. Bean. done:
owe ek) p
The things Hé sald to me did: AGh matehwhateI.
Q And chalk a: why Tewass:
understood had been. done:
didnt smateh whal. he
mark cthissas next ine
aaa!” :
(Marked: for ddentif kcation purposes;
Exhibit 20.)
BY MR.. KEKER:.
Oo: You can put that docunent: aside and just.
“Look at. 20.
A. This one?
Ow Yeah. “Give it back to the court reporter,
(Disaission off the record.)
BY mR: KEKER: .
Do you recognize Exhibit 20?
‘Tos T do, :
Do you recognize the handwriting? .
: whose is ate
Q
A
Q
AL “YOR.
Q
A ore 6 mine.
o
ou Know. when you made: these not
atten: one, :
ade. them. aes: February;
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“July 8, 2014OV OO 8 won
JeffQvale
duly:8, 2014.
Qn. Was ke one you taped? a
“MR. CAMPIST: Again, in an. excess of
caution, I'm going to direct you to exercise your
LECH Amendment rights. .
THE WITNESS: L exercise my Fifth Amendwent:
xighis regarding that. question. . : :
: BY MR, KERER: a
Ooo The first entry is; Loans. from QAG/ BMC to.
RHQ-estate to be paid packs The next cone, at says)
25 to $30 milion. :
: Can: you. explain why you made that note and :
“what it means? . : - :
AR. He = Imade “that: note —< atid I may not.
have. had ‘the number correct because T-wasn't
informed. of said the details of “the various notes,
but that was his ‘main |-~one of his main contentions, :
was Point 1 and Point 2, that the cash that went to
wlonida would not be “forgiven... :
The only xeason. that that came up was. he
didn't agree with it, vand rT éidntt understand the
ne aD . Page 235
THORSNES LITIGATION SERVICES, LLC... | 77. 771.3312. | www.thorsnes.comJeff Qvale
EA Gs ON oe:
duly 8, 2014
- PEE, REPORTER: 152
WHE WETNESS: ~One~five.
“BY WR. RERER?.
Qo. ~ Did n= ttm “sorry. . Go ahead.
Ae. “So that's =~ ‘that's my Angier to that.
Qe. pid you. tell him that -- that the jeans
were 25. ox: $30 million? :
B. r may. have.
o 0. And did you tell nin that those = that he.
had forgiven those loans. ox that you believed he ‘had
forgiven those loans? o :
A. T tola hime that. a what. it says here,
what's why r wrote. at down.
Qs Well, did you tell him; in . 2, Never...
intended for the cash, 15 million te Florida, be
forgiven? ~ : Be
“AL He told me that. That's why T wrote it
down. |
Page 237.
THORSNES LIGATION SERVICES, LLC | ‘877. 771.3312. | www: thorsnes. com *Jeif Qvale July 8, 2014.
1 Q. Okay. Did you tell -bim that Ehat.cash bad _
2] been forgiven? — : Mo
3 «Bo : Thaths where we get into the issue of is “Lt
forgiven if its. a7 At ‘the note is given to Bruce.
ink.
on, ob
ap] €hak.
Page 238
THORSNES LITIGATION SERVICES, LLC | 877.771 3312 \ wnww.thorsnes. comJeff Qvale
being paidss tf
em had been:
“taberest\on th ;
“tha na. ene had told. him thaty and he wos upset
mo - . - “Page 239.
THORSNES LITIGATION SERVICES, LLC | 877.771.8312 -| www.thorsnes.comJeff Qvale
CGS NBS:
RMR TN NR Re oe : oe ve :
Bop : eae
OR NRO od Goce SO Robes
BO OS
July 8, 2014
QO... is this a conversation that you taped?
Bo MR. CAMPISL: qn an excess of caution, I'm
going to dinect. you not to answer under the “FLfth
Amendment and te exercise your privilege “to. remain.”
silent. /
“THE WIENESS: -E exercise my right to remain
silent. : - uN
. ‘BY MR. _KEKER:
Qe . Did you at cempt to persuade Your, father in, :
February. of 2013 that. instead of ‘these notes being. .
outstanding | and the interest being paid on them,
they had ‘been, quote, forgiven, close quote?
Ae. “Tose I'm sure that t discussed with him-the -
fact that hey had been given to Bruce and that. at
“THORSNES LITIGATION SERVICES, LLC. | 877.771.8312. | “wwww.thorsnes:com
Page 240eo 1A Oo ®F WN
Jeff Qvale
that time, as I think I already have said, I
explained to. him that it was as if they were
forgiven. Because he pays them back to himself.
Q. When Kjell died, what percentage of
property and bonds and -~ and marketable securities
was Bruce going to get?
A. As you have seen in the documents and
stated, it was not to be any of that.
Q. Okay. All the property, ali the bonds, all
the marketable securities and certain other assets
were going to go to you exclusively; right?
A. Net of whatever the taxes might be.
QO. Certain notes were going to go, on Kjeli's
death, to Bruce exclusively; right?
A. Yes.
Q. Did you discuss that with your father?
A. Yes.
Q. And did you say why you thought that was
inequitable?
A. Well, I thought that the fact that the ~~
that the money that was loaned was money that had
come from my father's estate and from other business
ventures that had nothing to do with the car
business vis-a-vis the bank business that we had,
which was very profitable and provided a lot of the
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July 8, 2014SiO eg WR oN oe
Jeff Qvale
cash available te do these things that we ware
doing.
Wen We loaned the money “Eon: the estate
that “had “the. cash from. other. businesses; and then- it
was not going to get paid. ‘back to the ‘estate. _ And
siace E had a Limited understanding of what eae
going. can, At seemed to me inappropriate that —- that. -
Chat money would go back ao would ‘not be repaid to
the estate.
QO. Where did the money come from to Sou “the
: real estate and bonds and securities and ether
agsets that you exclusively were going to get?
Ay - Tt came from the ao also Crom the company
chat. we. ‘ought and sold, the ban King company.
Qe. And other investments. that. Kjell. | had made
over his life?:
ue Ae . “Yes, primarily.
QO. And what you cal the estate is basically |
~ what: Kjell had left? .
Yes.
ages) os
S “question Hiark? ©
asic him ab
started. o
be indicated, that
» July 62014
Page 242
THORSNES LITIGATION SERVICES, LLC | 877.771.3312. | wwwdhorsnes.com~ Jeff Qvale
SO OM In St oe ve om
July8, 2014
“MR. CAMPISL: “Talk “about old, lonely and
sick ddea. oe . oS
BY an Semin:
O. Why o> why were you telling him nasty
OQ. : “Let mie go. back to Rita:
Rita was his -- his Live-da companion?
A. Yes. - SS :
: OQ. Girlfriend?
“CA. Yes. oe :
: Q. How long had ‘she been Living there? -
A. several years. - : -
_Q.. He's old -- he! sold: and he's. Lonely and. -
- he's “sick, and you! re exying ike separate him from
Rita?
A, Noy
: THORSNES LITIGATION SERVICES, LLC | 8/7. 7H 33312 | www: thors
“Page 248 .
nes.comJuly 8, 2014
Jeff Qvale»
4 say. that: chris hadnt been coming in often, enough. or
2 on the right time schedule ox something to “this :
3) effect. eos S
4 OQ. Was this: the sales manager who had to let
5 chris go From his position in leasing because “of his
6 nonattendance? .
7 A. 1 don*t underm o> remenibex any of that.
8 Q. Did. Chris get fired? :
9 Be L don't believe se.
10 “Q: Rad what was chris’ Ss. job at the time this >
11 | was-all. happening, late 20122 :
‘12 OA. He had various jobs. “Tim not sure what. he
13 did at the time: I was. not invelves., in. “that aspect
. 4A at that “tame. os
15
“46.
v7
‘18
19
20
22 Q. hat do. you, know about. hex Listening vat the
23. door? “You said Bruce told you something about ae? /
2A 2 OAD Yes. : :
BBP Q. What did Bruce tell you?
Page 2b.
THORSNES LITIGATION SERVICES, LLC. | 877.771.3312 i. “www, thorsnes.com“Jeff Qvale ~ July 8, 2014
we you eke: “your feth 3
the ‘oor? “
OAS ea me we ON
BA oS Qe Okay. 80 7 but. you! re telling. him about.
: 25 something that you now know is not “trues nanely, -
. page 248
THORSNES LITIGATION SERVICES, LLC] 8Y7.TT1.3312 | owww. thorsnes.comPROOF OF SERVICE
‘Lam-employed in the City and County of San Francisco, California. [am over the age of 18
arid. am not a party to tie within action. My business address:is One Post Street, Suite 600, San
Francisco, California 94104. On August 28, 2014, T served the documents described as:
DECLARATION OF MILES. JEFFREY QVALE IN SUPPORT OF OPPOSITION TO
MOTION TO.STRIKE PORTIONS OF FIRST AMENDED PETITION TO DETERMINE |
VALIDITY ws ws . Ss
on {he interested parties:to. this action by placing a true and correct copy. thereof enclosed ina sealed
envelope addressed as follows: : to : -
SER ATTACHED SERVICE LIST
XX (BY.U'S. ATR MAIL) In accordance with the regular mail coliection.and processing practices of
-: Evans, Latham &.Campisi, with which I am-familiar, by means of which mail is deposited-postage
paid with the U.S, Postal Service at-San Franciseo, California that same day in the ordinary.course of
business, I deposited such sealed.envelope for mailing on this. same date following ordinary business
~ practices. . we
“XX (BY EMAIL) BY‘ELECTRONIC TRANSMISSION PURSUANT’ TO AGREEMENT OF -.
COUNSEL: By electronically mailing a tue copy thereof to each-of the electronic. addresses shows on.
the attached service list. No erver-in ransmission was reported. .
“1 deelare under penalty of perjury uniler the laws of the State of California that the above
is true and correct. Executed-on August 28, 2014 at San Francisco, California,” .
‘Vanessa Araujo.
-41e
“PROOF OF SERVICE.PROOF OF SERVICE
SERVICE LIST August 28, 2014
Barry Lee, Esq.
Veronica Cerutti, Esq.
Manatt, Phelps & Phillips, LLP
One Embarcadero Center, 30" Floor
San Francisco, CA 94111
BWLee@manatt.com
VCerruti@manatt.com
Edward Koplowitz, Esq.
Macinnis, Donner & Koplowitz
465 California Street, Suite 222
San Francisco, CA 94104
Eakatt@aol,com
Ronald Hayes Malone
909 Mustang Court
Petaluma, CA 94954
ron@circleoakequine.com
George Montgomery, Esq.
FRIEDMAN, MCCUBBIN, SPALDING,
BILTER ROOSEVELT & MONTGOMERY
425 California Street, 25" Floor
San Francisco, CA 94104
george@fomlaw.com
Monica Dell’Osso, Esq.
Burnham Brown
1901 Harrison Street, 14th Floor
Oakland, CA 94612-3501
mdell'osso@burnhambrown.com
Peter L. Muhs, Esq.
Cooper, White & Cooper, LLP
201 California Street, 17" Floor
San Francisco, CA 94111-5002
pmuhs@cwclaw.com
John W. Keker, Esq.
Ben Berkowitz, Esq.
Warren Braunig, Esq.
Abhishek Bajoria, Esq.
Keker & Van Nest LLP
633 Battery Street
San Francisco, CA 94111
jkeker@kyn.com
WBraunig@kvn.com
BBerkowitz@kvn.com
abajoria@kyn.com
Peter S. Meyers, Esq.
Meyers Urbatsch
625 Market Street, 4th Floor
San Francisco, California 94105
psmyers@mvyersurbatsch.com
PROOF OF SERVICE.
Preview
oC ON DA Bw HY NNN NM YN NN DY eee eR Be He e Sea Ame FSS FSF Ce QDR AEN AS Dominic J, Campisi (SBN 63326) deampisi@elc-law.com ELECTRONICALLY Andrew Zabronsky, (SBN 115339) azabronsky@ele-law.con FILED Naznin Bomi Challa, (SBN 220898) Superior Court of California, nehalla@ele-law.com County of San Francisco EVANS, LATHAM & CAMPISI AUG 28 2014 One Post Street, Suite 600 Clerk of the Court San Francisco, CA 94104 BY: JENNIFER NGO-CHAN Telephone: (415) 421-0288 Deputy Clerk Facsimile: (415) 421-0464 Attorneys for Miles Jeffrey Qvale Individually and as Trustee IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO In the Matter of the ) Case No. PTR-13-297016 Kathryn C. Qvale Exempt Trust, dated January 31, 2006 DECLARATION OF MILES JEFFREY QVALE IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PORTIONS OF FIRST AMENDED PETITION TO DETERMINE VALIDITY Miles Jeffrey Qvale, individually and as trustee, VS. Date: Sept. 11,2014 Time: 2:30 p.m. Dept.: 204, Probate Judge: Hon, Andrew Y.S, Cheng Bruce H. Qvale, Laura Hiura, and Does 1-10 I, Miles Jeffrey Qvale, declare as follows: 1. Tam the Family Trustee for the above named trust. 2. I filed a First Amended Petition To Determine Validity of Power of Appointment; For Redress For Wrongful Interference With Right To Inherit; For Damages and Other Relief For Financial Elder Abuse Individually and as Family Trustee. 3. This declaration is in support of my Opposition To Motion To Strike Portion of First Amended Petition To Determine Validity. Declaration of Miles Jeffrey Qvale ISO Opposition ‘To Motion To Strike Case No. PTR-13-297016 Portions of First Amended Petition ‘To Determine Validity alCm DH FF Ww 10 4. If called as a witness I could and would testify to the facts set forth in this declaration. 5. A true and correct copy of excerpts of the transcript of my deposition testimony, taken on July 8, 2014 is attached hereto as Exhibit A. 6. The highlighted sections in Exhibit A contain information concerning or including my conversations with my father on February 19, 2013. J declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on August 28, 2014, in San tale kKhes Jeffrey Qvale Francisco, California Declaration of Miles Jeffrey Qvale ISO Opposition To Motion To Strike Case No. PTR-13-297016 Portions of First Amended Petition To Determine Validity 2.EXHIBIT AWO NK Be i Jetf Qvale remember the exact date. Q. De you remember why you saw him in the hospital? A. Because he was there and he was sick. oO. Okay. What was hé sick with? AY T'm not sure at that time what it was, but it might have been a urinary situation or something like that. Q. After visiting him in the hospital, did you then subsequently visit him a few days later at home? A. Yes. Q. Did you tape the conversation that you had with him when you visited him at home? MR. CAMPISI: As a matter of caution, I'm going to instruct you not to answer on the grounds of your right not to incriminate yourself and direct to you take the Fifth Amendment on this issue. THE WITNESS: So on advice of counsel, I refuse to answer under the grounds of the Fifth Amendment. BY MR. KEKER: Q. Okay. You have produced two tapes in this case. Can you teil us what dates those tapes were Page 20 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.com July 8, 2014Jeff Qvale July 8, 2014 made? MR. CAMPISI: I'll -~ as I stated before, as an exercise of caution, I'm going to direct you not to answer and to assert your Fifth Amendment privilege. BY MR. KEKER: Q. Are you aware that taping a person without their consent is illegal in California? MR. CAMPTSI: Again, in an exercise of caution, I'm going to direct you not to answer and to assert your Fifth Amendment privilege. THE WITNESS: Do you want me to actually say it every time? BY MR. KEKER: Q. No. I want you -- yeah, please do. A. Okay. I mean -- Q. Are you going to follow your counsel -~ are you going to take the Fifth Amendment on these questions? Just say so. "I take the Fifth." A. Yes, T'm-going to -- Q. Just like Joe McCarthy. A. On advice of counsel, i'm going to invoke the Fifth Amendment. Q. Okay. When you visited your father, did you always tape him after the family meeting? | Page 21 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.comJeff Qvale MR. CAMPISI: I -~ in an exercise of caution, I'm going to direct you not to answer on the grounds that it may tend to incriminate you under the’ Fifth Amendment. MR. KEKER: Well, I do think that we're entitled to know -~ well, first, let me ask you a few more questions. BY MR. KEKER: Q. Are you aware of taping of your father by others? A. No. QO. Did your son Chris record, tape or videotape your father? A. I think he might have videotaped a sales meeting or a meeting at the office one time. Q. Okay. Do you know what -- A. But that's all I know of. Q. Do you know whether or not your son Chris taped or videotaped or otherwise recorded your father at any time after this family meeting in 2013? A. No. I don't believe so. TI don't know anything about it. MR. CAMPTST: Again, have you to wait until he answers [sic]. July 8, 2014 L Page 22 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.comoOo 8 Ww NHN FE a Jeff Qvale THE WITNESS: Sorry. MR. CAMPISE: You're running over him. Tt's not polite. Okay? THR WITNESS: Okay. Sorry. BY MR. KEKER: Q. Did you or anyone, to your knowledge, tape Zaura Hiura or record a conversation with her? A. Not that I know of, no. Q. Did you ever ask your father for permission to record your conversation with him? MR. CAMPIST: In an exercise of caution I'm going to direct to you assert your Fifth Amendment rights with respect to this question. THE WITNESS: So I assert my fifth amendment rights on advice of counsel. MR. KEKER: Okay. Can we have the petition for invalidity put in front of Mr. Qvale, please. And we'll use the one at 1297016, MR; KOPLOWITZ: John, is that the original petition or the amended petition? MR. KERKER: The amended petition that was just filed. Excuse me. I should have said First Amended Petition to Determine Validity of Exercise of Power of Appointment dated July 3rd, 2014. THE REPORTER: Would you like this to be Page 23 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.com July 8, 2014Bm WM ow 2 YN aA 10 11 12 13 14 is 16 17 18 13 20 21 22 23 24 25 Jeff Qvale A. Yes. Q. Okay. . Look at paragraph 49, please. It says, Jeff spoke to his father on February 19, 2013. Did you tape that meeting? MR. CAMPISI: Again, I ~- in an exercise of caution, I'm directing you not to answer under the grounds of the Fifth Amendment. THE WITNESS: I invoke the Fifth Amendment on the advice of my attorney. BY MR. KEKER: QO. Paragraph 51, there's a statement that says, On February 25, 2013 Jeff returned to visit his father. Did you tape that meeting? A. No. Q. Okay. Why not? A. I don't know. T just didn't. Q. There is a reference, at paragraph 52, last - sentence says, In May of 2013, Jeff visited his father, and Kjell volunteered that he had made a mistake and there was nothing he could do about it, and so on. Did you tape that meeting? A. No. Q. Did you tape any other meeting besides the Page 25 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.com July 8, 2014Ww N Jeff Qvale July 8, 2014 one on February 19, 2013, which you have invoked the Fifth Amendment on and refuse to tell us whether or not you taped? I understand that. Did you tape any other meeting? MR. CAMPISI: Okay. I -—- I move to strike the preamble. If you want to rephrase the question. MR. KEKER: No. MR. CAMPIST: Okay. Because of the preamble, I am going to, in an exercise of caution, direct you and advise you to take the Fifth Amendment as to this issue. THE WITNESS: So on advice of counsel, I invoke the Fifth. BY MR. KEKER: Q. Okay. Mr. Qvale, do you love your brother, Bruce? A. That's a good question. TI did. I'm not sure how much now. Q. Do you hate your brother, Bruce? A. No. Q. What are your feelings towards your brother, Bruce? A. I'm rather ambivalent. TI ~~ I don't hate him or -- or love him that much right now. Q. Do you think you and your brother, Bruce, Page 26 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.coms& WOW N Oo WA Om Jeff Qvale July 8, 2014 At some point Bruce asked your father if he could pay only interest on the notes, right, while your father was alive? A. T -- £ don't know what he did in that regard. Q. You don't -- you've never had a discussion with your father, maybe a taped discussion, in which you talked about interest on the notes with your father? MR. CAMPISI: Again, in an excess of caution, T'm directing you not to answer on the grounds that it may tend to incriminate you under the Fifth Amendment. So I'd advise you to take the Fifth Amendment on this. THE WITNESS: I invoke the Fifth, as per my lawyer's instructions. BY MR. KEKER: Q. Are you on tape telling your father —— recordings that you made telling your father that these notes had been forgiven and your father saying, Weli, I agreed that he could only pay interest on them? MR. CAMPIST: Again, in an excess of caution, I am directing you to exercise your rights under the Fifth Amendment to remain silent as to Page 121 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.comONG WR Wy deff Qvale .July.8, 2014 this question, BY MR. KEKER: O.>. Okay. - Ae ‘ q wish to. remain silent based on the Fifth Amendment. : / : Q. ‘het me not. lese the track here. other than this --. these notes which we've been discussing, is there anything that you can point to about Bruce “engaging ‘in conduct. by. which the. ning of Kjell was subjugated to his will? ay father indicated bo Page 122 “THORSNES LINGATION SERVICES, Llc | 877. 774 3312) www.thorsnes. comSOD CW we we wR Jeff Qvale “July 8, 2014 Q. And what he told you “was that aruee was not paying interest on, the: noes? i paying. “Bad he: was mad: . “Q.. De you. know whether or not it was true that Bruce was not. as / : Aeon I don't know whether» it was: txue a “wR. CAMPIST:, Let, him finish the “question. You! re being cruel to the court: reporter. . You've got. time to “Let him finish so be gets everything in. : THE WOENESS: t uiderstand.. “tm sorry. oT. apologize... : : : : MR. -CAMPIST: /And: you can <7 you can ‘sit and answer Lt without causing sajury to. the: court : reporter. : : “BY MR. KEKER: Q. : “Do you. know whether or not. Bruce: aia stop paying interest on the notes? oo AL “ T-don"’. knew. what the situation was Q: Do you know whether or ‘not. Bruce and your, . father agreed that.he could pay only, interest on. the . notes? oe SS oe Page 123 THORSNES LITIGATION SERVICES, LLC. | 877:771,3312. | -wwwthorsnes.comJeff Qvale July 8, 2014 oo Tusk: : Q. And you don't know when in his estate : planning Kjell provided that Bruce would get the notes owed on this. loan from QAG on Kjell's death? on, : E ‘believe Lt. was in “the January 30th document that that happened. : : ng - ALL right. Anything else ‘that We haven't talked about. Bruce engaging in- conduct by which the . auind of Kjell was. ; subjugated ‘to his will? An od think that's =< that's all I can come up with that. 1 remember’ at this moment. ~ os there did Bruce live in 2012? He was in Florida. How. often aia he. see his father? : I don't .know. where did’ he live in 20132 I don?t know, really. 2 think dn Plorida. How often did he see his father? . -boknow: that, Ads. Oae sionally... and when ery often, faybe you're: right. “Page 124 . THORSNES LITIGATION SERVICES, LLC: | "877.771.8312. | www.thorsnes.comJeff Qvaie Jabout: hat atithor had Don Endo in ‘the past? . “ana Limonot < “anything surptising to you dng Vaura tobe his proxy as che - “hal “this: means: Ax No. ods understand what. “And: aL Was: Riel s. wish: “that haute ‘be: his. proxy. for’ estate: and bax matters as Don: Endo- had in £ne! past? 2 Be “ Bppawieatly. QO. “Anything wrong with that? . A... Not-on the face of dt, NO. Did. you abkempty in: conversations “you had: snit: haye any: wmainess with hin bhere;< which a apparently happened sometine in early January of that year, 113 a / Qe She's the controller of the Qvale Auto Group and she has no business with —~ ORL Well =~ te “WR. CAMPIST: Wait. You'ze reciting what your father said? . : : THE WITNESS: - Yes. os a ve page 138, : THORSNES LIGATION SERVICES, Lc I a77. 77) 3312 I www: thorsnes. com duly 82014Jef-qvale Supe GQ Np aw aon MR. CAMPIST:.. Okay.” THE WITNESS: I'm reciting what he said: “BY MR. KEKER: Qo. Ts the. oo do you know it Laura has a son? aL Tose I ‘know: she has.a child. I'm not sure : a son or a daughter, yes. OQ. De, you know whether or not her son “has any. association with the hemophiliacs association which © yas. meeting in orlando? A. Tdon't know. OQ. De you know. whether or not. her soh spoke at {oa convention of ‘the ‘hemophiliac association? SAL. ET have no knowledge. Qe. “bo ‘you “know while she. was there whether or. not ‘she visited Bruce! Soe visited the Qvale. Auto: group’ 8 audi dealerships. and helped. with financial matters? A. T have. no idea. eihg patd and thate--ewhen-he sadd---~de Ste . Rage 136 THORSNES LINGATION SERVICES, Lc I a77. 771 1.9312 | www.thorsnes.com July 8, 2014OS ON a Ca wo Ue Now ON es Be ee : NUR TO ON RG eo Ne eG toh Qos Jeif Qvale ~ duly 8, 2014 > mS ie wsaddy. Welle decuinentic : : - And he said Well; eogontt think: Towanted, at der thate | : / : And: I: seid Well, T Beliews you did do “inet. - oan “Webruary, really. “feriember that And: he capethe: sayings: Welk YOu: aia aed Af yous thats you bigned ‘something that. you. were helped tovsign it byshauta's helping youd Qa axe you. testifying now about a. conversation . which. you taped without your father’ s consent? MR. CAMPIST: In an excess of caution, I'm going to direct you nol to answer under the Fifth Amendment, .. . Page 137 THORSNES LIGATION SERVICES, Lic | 877. 771:3312.-| www? thorsnes. com(PONE PG iy oN Jeff Qvale. July 8.2014 : him what would 2012, time 5 A. Q. Decemben... ‘throagh | Jannary, you had ‘conversations. Be where. he was talking about now the car. Fast ere “bappens: 0° bes his: nine pops up; ‘and oe a So when : : So “that had happened “peyeral times. I say at was ino-~ in the time period of late. November,/Decenber, through ganuary/vebruary, frame. Okay. Sometime in ‘late 2012, November or wee your father. in which His, said that he thought. the car assets that Bruce was getting were More than the other. assets that you were getting; risky right? A. “yhat 's_ correct. : o ‘pid you realize at the time ‘you were » having those conversations that Bruce. was getting certain : assets and you were getting certain different asscts? . : “ oo the -- not: until ‘the meeting. Pagel 78 THORSNES LITIGATION SERVICES, LLC |, 877.771 3312 Is ww, thorsnes. comSo TA oO 8 wnN Ee Jeff Qvale July 8, 2014 of -~ of January. Q. But this -- it had been on his mind, a differential in risk between certain assets that Bruce was going to get and certain assets that you ‘were going to get, for three months; right? A. It could be. If I'm correct in my timing. I'm not exactly sure when that first conversation happened, but it could have been at that time. But, nonetheless, that issue was ridiculous. Because they weren't risky. Q. T didn't ask you for your opinion. Let me ’ dust stick with -- stick with this because I'm interested in what the -- Kjell, your father, the person who still had control of these assets, said. And what he said was certain assets are riskier. Which ones were they? A. ‘He said he -- he believed that the car dealerships were riskier. Q. Did he say why? A. That he thought that the Land Rover franchises were riskier because they guzzle too much gas. QO. Okay. And was he worried about government regulation making cars like Land Rovers obsolete? A. That was one of his comments, yes. Page 177 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.compo | SO OB Ny oR he ON _JefF- Qvale “HR WEENESS: just don't know. Sorry. BY MR. KEKER: : ee Q. why did the subject: come wp, of ae not being. equal, a month after the family meeting? OB. This. was) -- on Hebruary 20th. 2 believe that was the day.that 1 = one of ‘the days that I vent. to talk. to ony father about it. . And he -was o> Son that day he was andicating he didn't agree with what had been, done. That's what, he indicated te me. - 80. <- onthe 20th c-. or ‘this. was “the day wafter. that -t spoke. to. my dad about it, 1 think. “Qo. This is. the day after you taped a conversation with your. dad? . . MR. CAMPTST: OT-}= in an excess of. caution, : ~T'm airecting you not to answer under your FLEth Amendment privilege. oe “ome WITNESS: T exercise ny privilege as’ per my attorney. Bo oS oe BY MR. KEKER: Can ‘you tell we why you were paving That! scniobshow: he understood Q ~ THORSNES LITIGATION SERVICES, LLC. | 877.771.3312. | wwwa.thorsnes.com duly 8, 2014. Page 206 -Sse Sow wo Ne Jeff @yval je July 8, 2014 what you did, as. fake: as f understood. aod he Said; well; we shoulda’ Gall Gordan’. ‘and balkvabout ie. he said that -~ from what = understood, I. didn't. hear both sides of the. conversation, but. T heard half of it, and that it seemed like Jordan was going Lo come and talk to him about it -- that he ‘ought to come and talk to him-about it. . And after that. conversation, at. some point LT ‘Jett and q went to get a bite: £0 eat and. came back, and: Laura was there with Aim, talking to him about what he: nad: done. And. there . was alot of confusion as. to -- in. nis mind asto what. was: done. He aidn't ¢ express an understanding of it. and he didnt ~~ he didn't like it, .and ‘he was getting agitated about dt. And at some point he began to get confused. “and. at that. point. we stopped the conversation. Laura was, there. OT was there. He was there. And i think Tanta left, and then T left “shoctly thereafter, because he was: becamtng upset — and -~ and confused about the situation.-- So. we . : Page 207. THORSNES LITIGATION SERVICES, LLC | 877. 7h) 9312 | vowew.thorones. comA ey Gra a oR ba Jeff Qvale July 8, 2014 ‘deemed it wasn't. prudent to ‘continue or necessary to. ‘Pifth, again, I take, ib? waution, since you. keep. pringing it up, Tt will continue the. discussion. 9. And. this is the conversation that I've asked, you five times whether or not..you ‘taped, and. you've taken the ‘Fifth. _ You're going. to take ‘the A. Yes. MR CAMPIST: ves. in an exercise Of advise you to assert, your ELEER Amendment privileges. “BY MR. KEKER? Q. And now you say that Laura was there? A. I'm going to exert [sic] my Five Amendment privileges. : a : - : Q. Laura was there?” os MR. ‘CAMPISE: Was there where?” What are you | talking about? : BY MR. KRKER: : oO. At ‘the ae this meeting, : this’ conversation. “MR. CAMPISI:. ie Just explained a. : : . oe : Page 208 THORSNES LITIGATION SERVICES, LLC “| B77. 771.3312 | www. thoisnes.comJeff Qvale DO S98 MIN A Oo aa we oY ee ee Oo © © a R GR GR DOS NS NS Note OT oe © oe iS a BY MR. KBKER: 0” Q..>. Ts the note on the books. of QAG?~ : cA. OAG got. money from my father's estate te pay fox the Audi dealerships and various ‘other expenses atthe dealership, So DAG borrowed the . “mone y. Lxrom, the estate, It owed it to the estake.. So ‘then’ the estate, in’ this: last change, was proposing to. transfer those notes ‘to Bruce. Q. Your father loaned money: ‘to the business, the QAG <7 0. A. Yes. 6 Q. = ig that right? Sa. ves. Q. And. your. father took back a note; QAG owed -. “your father a note? A. Nes. Q Once .-- once. your father died, who got the note? Who did OAG: owe the money to? Who. owned the : note after your father died? . wt . _ Page.21] “THORSNES LITIGATION SERVICES, LLC] 877.771.3312 °| www. thorsnes.com .... July 8, 2014 7°Jeff Qvale July 8, 2014 © 8 Ga wes BY MR, KERER: 9. That's the situation right now, - They would be owed to hin ain this. case, yes. : Qe Okev. De jena iknow if those notes have ever. been forgiven, if they're still outstanding? AL ot don't know anything othér ‘than the fact they were transferred to him in that document. Okay. You! ve told. us about a conversation You igs haven't rol: 8: is ‘the s+ where. started the questions, about. Exhibit 17, which is.a conversation that yen had ‘around February, 20th. You said you can't remember why. you had — this conversation; right? : oe AL Well, T ‘believe it's because after that meeting; Brace called me about. ity T guess. : QO. But -you.don't. know: a AE can't remember Lf T cailed him er he : called, me. I would assume “he called me. : QO. Why would: you assume that? A... Because I, don't think he “> 1. think he heard from Laura that tohad discussions, with my dad, and. he. wasn't happy. with ° the situation. Oak Did, you ask him, some questions during’ that Page 214 ~THORSNES LIGATION SERVICES, |.LC | 877.771 3312 | www.thorsnes.comoO B® WwW WN Jeff Qvale July 8, 2014 Q. And paragraph 10 -- excuse me, page 10, paragraph -- the one that's marked G, Settler expressly acknowledges. Do you see that? A. Yes. Q. And further down in that paragraph, about halfway down, it expressly acknowledges that the aggregate value of your assets may be greater than Jeff's; and he expressly approves any such excess distribution and no adjustment need be made. Do you see that language in this document? A. I see it. QO. Okay. And then this also has a no-contest clause. Are you aware of that? Took at page 20, A. Yes. Q. After January 30, 2013, I think we talked before about meeting with Kjell and talking to him about changes that had been discussed at the family meeting; right? A. Yes. Q. And I don't recall your testimony, but I think you said you couldn't remember’ the exact number of times you met. Page 228 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.comWw nN BB Jeff Qvale - What do you remember now? What's your best recollection of how many times you met with him? A. In that succeeding month, I'd say three or four times. : Q. And what about -- so the succeeding month would be February. How about March? Yes. February. And a few times in March. Like three or four? I don't recall exactly. More than one? I would think more than one. o> OD Bo p How about April, how many times did you meet with him in April on the subject of changing his will? A. I'm not sure that IT met with him every single time it was regarding that. It was just sometimes to say hello. Q. Okay. In April did you meet with him -~ A. I believe I met with him or saw him during the month, but I don’t remember how many times. Q. At any time in April, did you talk to him about trying to get him to change his will? A. T may have. I may have discussed -~ discussed these points with him again. I don't Page 229 THORSNES LITKGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.com July 8, 2014 ©OW ee dy OT a a NOR OR oy UN a a a Oye WON BS Ce. S&B Go Ob mn 8° Jeffavaie : July 8, 2014, in the testing. But we got a summary letter. Co. But, nevertheless, you were talking “to bim about changing his will in May? : : “al actually, £ didn't =- as T-said, T:didn't start talking to him about. it. .He ‘started talking .Q.°) Row do you ‘know that? oaks . “ 2 Page 231 THORSNES LITIGATION SERVICES, LLC. | 877.771.3312 | -www.thorsnes.comONO ON Se woB Jeif@vale July 8.2014 “A, My brother told me she was. : oO. And ad: Bhe -7* os CA. Tn & phone ealh.. : 9, “pia she hear you 1 yelLing? A. . ‘She may have. 0. . So. you were yelling at him or he was — yelling ak you? " ALL imagine Tt was yelling at Bruce. “Oe” “Was “Bruce present? : . A... No. But al the. isaue regarding the : situation. “So° talking fo your father in Feneuary, you" ree yerLing: abohim- about. ‘Bruce?, " Hee oven: pefore One Xou! ve “alleged in your. petition, that aS of this. January alteration, to. the gatate pian, xjell was both unduly influenced and incompetent; ight? . A. OO At the time of the January events in 143, it was more and more apparent that he. was. not able toe furiction in a normal manner: So . “Page 232 : THORSNES LINGATION SERVICES, Lie | 877.771.3312 4 wwww.thorsnes.com oODAD OS Gr GB Sus oe Jeff Qvale thyds igatostoedl Low oO. 80 a Ac Te ae O. Tim sorry. Go ahead. Be Several times vin the previous months,. inecté in = in late 12, during 2, it had become - apparent that he. was not reading as ‘mich as. he was, he. wasn't even watching ey. He Was not able to comprehend things. He would “take ‘the newspaper. and read the. sports: section over and, over and over’ agains : : So at became more and mere apparent that he. was not. as capable for sure as he had been in the past. - I don't believe Twas - chigoss the. something, got : . - . Page 233 © “THORSNES LITIGATION SERVICES, LLG. | 877-771. 3312 | www.thorsnes. com Joly 8, 2014Sew oN Jeif Qvale - talking: Eo Aimy “hoaghe had. Bean. done: owe ek) p The things Hé sald to me did: AGh matehwhateI. Q And chalk a: why Tewass: understood had been. done: didnt smateh whal. he mark cthissas next ine aaa!” : (Marked: for ddentif kcation purposes; Exhibit 20.) BY MR.. KEKER:. Oo: You can put that docunent: aside and just. “Look at. 20. A. This one? Ow Yeah. “Give it back to the court reporter, (Disaission off the record.) BY mR: KEKER: . Do you recognize Exhibit 20? ‘Tos T do, : Do you recognize the handwriting? . : whose is ate Q A Q AL “YOR. Q A ore 6 mine. o ou Know. when you made: these not atten: one, : ade. them. aes: February; Page 234 THORSNES LITIGATION SERVICES, LLC. | 877.771.9312. | www.thorsnes.com “July 8, 2014OV OO 8 won JeffQvale duly:8, 2014. Qn. Was ke one you taped? a “MR. CAMPIST: Again, in an. excess of caution, I'm going to direct you to exercise your LECH Amendment rights. . THE WITNESS: L exercise my Fifth Amendwent: xighis regarding that. question. . : : : BY MR, KERER: a Ooo The first entry is; Loans. from QAG/ BMC to. RHQ-estate to be paid packs The next cone, at says) 25 to $30 milion. : : Can: you. explain why you made that note and : “what it means? . : - : AR. He = Imade “that: note —< atid I may not. have. had ‘the number correct because T-wasn't informed. of said the details of “the various notes, but that was his ‘main |-~one of his main contentions, : was Point 1 and Point 2, that the cash that went to wlonida would not be “forgiven... : The only xeason. that that came up was. he didn't agree with it, vand rT éidntt understand the ne aD . Page 235 THORSNES LITIGATION SERVICES, LLC... | 77. 771.3312. | www.thorsnes.comJeff Qvale EA Gs ON oe: duly 8, 2014 - PEE, REPORTER: 152 WHE WETNESS: ~One~five. “BY WR. RERER?. Qo. ~ Did n= ttm “sorry. . Go ahead. Ae. “So that's =~ ‘that's my Angier to that. Qe. pid you. tell him that -- that the jeans were 25. ox: $30 million? : B. r may. have. o 0. And did you tell nin that those = that he. had forgiven those loans. ox that you believed he ‘had forgiven those loans? o : A. T tola hime that. a what. it says here, what's why r wrote. at down. Qs Well, did you tell him; in . 2, Never... intended for the cash, 15 million te Florida, be forgiven? ~ : Be “AL He told me that. That's why T wrote it down. | Page 237. THORSNES LIGATION SERVICES, LLC | ‘877. 771.3312. | www: thorsnes. com *Jeif Qvale July 8, 2014. 1 Q. Okay. Did you tell -bim that Ehat.cash bad _ 2] been forgiven? — : Mo 3 «Bo : Thaths where we get into the issue of is “Lt forgiven if its. a7 At ‘the note is given to Bruce. ink. on, ob ap] €hak. Page 238 THORSNES LITIGATION SERVICES, LLC | 877.771 3312 \ wnww.thorsnes. comJeff Qvale being paidss tf em had been: “taberest\on th ; “tha na. ene had told. him thaty and he wos upset mo - . - “Page 239. THORSNES LITIGATION SERVICES, LLC | 877.771.8312 -| www.thorsnes.comJeff Qvale CGS NBS: RMR TN NR Re oe : oe ve : Bop : eae OR NRO od Goce SO Robes BO OS July 8, 2014 QO... is this a conversation that you taped? Bo MR. CAMPISL: qn an excess of caution, I'm going to dinect. you not to answer under the “FLfth Amendment and te exercise your privilege “to. remain.” silent. / “THE WIENESS: -E exercise my right to remain silent. : - uN . ‘BY MR. _KEKER: Qe . Did you at cempt to persuade Your, father in, : February. of 2013 that. instead of ‘these notes being. . outstanding | and the interest being paid on them, they had ‘been, quote, forgiven, close quote? Ae. “Tose I'm sure that t discussed with him-the - fact that hey had been given to Bruce and that. at “THORSNES LITIGATION SERVICES, LLC. | 877.771.8312. | “wwww.thorsnes:com Page 240eo 1A Oo ®F WN Jeff Qvale that time, as I think I already have said, I explained to. him that it was as if they were forgiven. Because he pays them back to himself. Q. When Kjell died, what percentage of property and bonds and -~ and marketable securities was Bruce going to get? A. As you have seen in the documents and stated, it was not to be any of that. Q. Okay. All the property, ali the bonds, all the marketable securities and certain other assets were going to go to you exclusively; right? A. Net of whatever the taxes might be. QO. Certain notes were going to go, on Kjeli's death, to Bruce exclusively; right? A. Yes. Q. Did you discuss that with your father? A. Yes. Q. And did you say why you thought that was inequitable? A. Well, I thought that the fact that the ~~ that the money that was loaned was money that had come from my father's estate and from other business ventures that had nothing to do with the car business vis-a-vis the bank business that we had, which was very profitable and provided a lot of the Page 241 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.com July 8, 2014SiO eg WR oN oe Jeff Qvale cash available te do these things that we ware doing. Wen We loaned the money “Eon: the estate that “had “the. cash from. other. businesses; and then- it was not going to get paid. ‘back to the ‘estate. _ And siace E had a Limited understanding of what eae going. can, At seemed to me inappropriate that —- that. - Chat money would go back ao would ‘not be repaid to the estate. QO. Where did the money come from to Sou “the : real estate and bonds and securities and ether agsets that you exclusively were going to get? Ay - Tt came from the ao also Crom the company chat. we. ‘ought and sold, the ban King company. Qe. And other investments. that. Kjell. | had made over his life?: ue Ae . “Yes, primarily. QO. And what you cal the estate is basically | ~ what: Kjell had left? . Yes. ages) os S “question Hiark? © asic him ab started. o be indicated, that » July 62014 Page 242 THORSNES LITIGATION SERVICES, LLC | 877.771.3312. | wwwdhorsnes.com~ Jeff Qvale SO OM In St oe ve om July8, 2014 “MR. CAMPISL: “Talk “about old, lonely and sick ddea. oe . oS BY an Semin: O. Why o> why were you telling him nasty OQ. : “Let mie go. back to Rita: Rita was his -- his Live-da companion? A. Yes. - SS : : OQ. Girlfriend? “CA. Yes. oe : : Q. How long had ‘she been Living there? - A. several years. - : - _Q.. He's old -- he! sold: and he's. Lonely and. - - he's “sick, and you! re exying ike separate him from Rita? A, Noy : THORSNES LITIGATION SERVICES, LLC | 8/7. 7H 33312 | www: thors “Page 248 . nes.comJuly 8, 2014 Jeff Qvale» 4 say. that: chris hadnt been coming in often, enough. or 2 on the right time schedule ox something to “this : 3) effect. eos S 4 OQ. Was this: the sales manager who had to let 5 chris go From his position in leasing because “of his 6 nonattendance? . 7 A. 1 don*t underm o> remenibex any of that. 8 Q. Did. Chris get fired? : 9 Be L don't believe se. 10 “Q: Rad what was chris’ Ss. job at the time this > 11 | was-all. happening, late 20122 : ‘12 OA. He had various jobs. “Tim not sure what. he 13 did at the time: I was. not invelves., in. “that aspect . 4A at that “tame. os 15 “46. v7 ‘18 19 20 22 Q. hat do. you, know about. hex Listening vat the 23. door? “You said Bruce told you something about ae? / 2A 2 OAD Yes. : : BBP Q. What did Bruce tell you? Page 2b. THORSNES LITIGATION SERVICES, LLC. | 877.771.3312 i. “www, thorsnes.com“Jeff Qvale ~ July 8, 2014 we you eke: “your feth 3 the ‘oor? “ OAS ea me we ON BA oS Qe Okay. 80 7 but. you! re telling. him about. : 25 something that you now know is not “trues nanely, - . page 248 THORSNES LITIGATION SERVICES, LLC] 8Y7.TT1.3312 | owww. thorsnes.comPROOF OF SERVICE ‘Lam-employed in the City and County of San Francisco, California. [am over the age of 18 arid. am not a party to tie within action. My business address:is One Post Street, Suite 600, San Francisco, California 94104. On August 28, 2014, T served the documents described as: DECLARATION OF MILES. JEFFREY QVALE IN SUPPORT OF OPPOSITION TO MOTION TO.STRIKE PORTIONS OF FIRST AMENDED PETITION TO DETERMINE | VALIDITY ws ws . Ss on {he interested parties:to. this action by placing a true and correct copy. thereof enclosed ina sealed envelope addressed as follows: : to : - SER ATTACHED SERVICE LIST XX (BY.U'S. ATR MAIL) In accordance with the regular mail coliection.and processing practices of -: Evans, Latham &.Campisi, with which I am-familiar, by means of which mail is deposited-postage paid with the U.S, Postal Service at-San Franciseo, California that same day in the ordinary.course of business, I deposited such sealed.envelope for mailing on this. same date following ordinary business ~ practices. . we “XX (BY EMAIL) BY‘ELECTRONIC TRANSMISSION PURSUANT’ TO AGREEMENT OF -. COUNSEL: By electronically mailing a tue copy thereof to each-of the electronic. addresses shows on. the attached service list. No erver-in ransmission was reported. . “1 deelare under penalty of perjury uniler the laws of the State of California that the above is true and correct. Executed-on August 28, 2014 at San Francisco, California,” . ‘Vanessa Araujo. -41e “PROOF OF SERVICE.PROOF OF SERVICE SERVICE LIST August 28, 2014 Barry Lee, Esq. Veronica Cerutti, Esq. Manatt, Phelps & Phillips, LLP One Embarcadero Center, 30" Floor San Francisco, CA 94111 BWLee@manatt.com VCerruti@manatt.com Edward Koplowitz, Esq. Macinnis, Donner & Koplowitz 465 California Street, Suite 222 San Francisco, CA 94104 Eakatt@aol,com Ronald Hayes Malone 909 Mustang Court Petaluma, CA 94954 ron@circleoakequine.com George Montgomery, Esq. FRIEDMAN, MCCUBBIN, SPALDING, BILTER ROOSEVELT & MONTGOMERY 425 California Street, 25" Floor San Francisco, CA 94104 george@fomlaw.com Monica Dell’Osso, Esq. Burnham Brown 1901 Harrison Street, 14th Floor Oakland, CA 94612-3501 mdell'osso@burnhambrown.com Peter L. Muhs, Esq. Cooper, White & Cooper, LLP 201 California Street, 17" Floor San Francisco, CA 94111-5002 pmuhs@cwclaw.com John W. Keker, Esq. Ben Berkowitz, Esq. Warren Braunig, Esq. Abhishek Bajoria, Esq. Keker & Van Nest LLP 633 Battery Street San Francisco, CA 94111 jkeker@kyn.com WBraunig@kvn.com BBerkowitz@kvn.com abajoria@kyn.com Peter S. Meyers, Esq. Meyers Urbatsch 625 Market Street, 4th Floor San Francisco, California 94105 psmyers@mvyersurbatsch.com PROOF OF SERVICE.