On April 10, 2014 a
Motion-Secondary
was filed
involving a dispute between
Garcia, Phillip,
and
Carrie Wilson, In Her Capacitcy As Trustee Of The,
Does 1 To 20,
Markham, Erika,
Markham, Shaun,
Markham, Shawn,
Wilson, Angelo,
Wilson, Carrie,
for civil
in the District Court of San Francisco County.
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Matthew K. Wisinski (SBN 195535)
Dana L. Tom (SBN 263313) ELECTRONICALLY
Katelyn M. Knight (SBN 264573) FILED
MURCHISON & CUMMING, LLP Superior Court of Calffornia,
275 Battery Street, Suite 850 County of San Francisco
San Francisco, California 94111 04/04/2016
Telephone: (415) 524-4486 lerk of the Cours!
(415) 489-4798 Tt wettest
(415) 524-4477
Facsimile: (415) 391-2058
E-Mail: — mwisinski@murchisonlaw.com
dtom@murchisonlaw.com
kknight@murchisonlaw.com
Attorneys for Defendant CARRIE WILSON in
her capacity as Trustee of the WILSON FAMILY
TRUST
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PHILLIP GARCIA, CASE NO. CGC-14-538560
Plaintiff, DECLARATION OF KATELYN M.
KNIGHT IN SUPPORT OF REPLY RE
vs. DEFENDANT'S MOTION FOR
SUMMARY ADJUDICATION
CARRIE WILSON, in her capacity as
trustee of THE WILSON FAMILY TRUST, | Date: April 11, 2016
SHAUN MARKHAM, ERIKA MARKHAM, Time: 9:30 a.m.
and ANGELO WILSON, and DOES 1-20, Dept.: 501
Defendants. Action Filed: April 10, 2014
Trial Date: None Set
|, Katelyn M. Knight, declare and state:
lam an attorney-at-law licensed to practice in the State of California and | am an
associate with Murchison & Cumming LLP, counsel of record herein for Defendant CARRIE
WILSON as TRUSTEE OF THE WILSON FAMILY TRUST. | am one of the attorneys at our
firm responsible for handling the defense of this matter on behalf of Defendant CARRIE
WILSON as TRUSTEE OF THE WILSON FAMILY TRUST, and, on this basis, and upon
such other bases set forth below, | have personal knowledge of the matters set forth in this
1
DECLARATION OF KATELYN M. KNIGHT IN SUPPORT OF REPLY RE DEFENDANT'S MOTION FOR
UMMARY ADJUDICATIONon oO GT FF WN =
Ny NM NM NY NNN NY KW 2B 2B B= eB Se eB Be AB |
on G&G OH fF WO NSN SB SCS GO AOA N Oo HA FF WYO NH FF Oo O
Declaration, except where stated on information and belief, and could and would
competently testify to them under oath if called as a witness.
1. Attached hereto as Exhibit A are true is a true and correct copy of excerpts
from the deposition of Angelo Wilson.
| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 4th day of April, 2016, at San Francisco, California.
Katelyn McKnight —=
SUMMARY ADJUDICATIONEXHIBIT AS
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CLARK REPORTING (510) 486-0700
Yes.
Who told you that Shaun Markham --
"Oh, by the way, Shaun's here."
Where is he?
With her at her house.
Okay. At Cynthia Markham's house?
He goes to visit her, yes.
Where does she live?
In Georgia in the county of Crawford.
In what city?
I think it's Lizella. Close.
Have you ever been there before?
I have been.
0» OP 0 FP OF 0 p> oO FP 0 Bb
And you don't recall the city it's in?
Qe
It's a dirt road. Literally is a dirt road. A
bunch of dead armadillos and possums on the road.
Q. Whose idea was it to try to evict Mr. Garcia?
A. Whose idea was it? Good question. That really
is a good question. I don't know whose idea it was. I
went along with it, though, because I was asked to.
Q. By whom?
A. Basically family. If somebody says, "This is
what's going to happen," this is what happens. I'm just
a lieutenant.
Q. I understand that, sir. Who informed you that 94
DEPOSITION OF ANGELO WILSON - VOLUME I© 2 I A HO ®F WN BH
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there was going to be an unlawful detainer filed against
Mr. Garcia?
A. After the process began, I came on board.
After the process began. I did not hire the lawyer.
Q. Did you file the unlawful detainer action?
A. Yes. That's the process. The process started.
They say, "Sign this," I sign it.
Q. You said you didn't hire the lawyer; is that
correct?
A. Yeah.
Q. Sir, at the beginning of this deposition you
said that you were --
A. Managing.
Q. -- you were -- please wait until I ask my
question. You said that you hired an attorney, you had
to pay money to an attorney.
A. Mm-hmm .
Q. I'm confused. Now you just said you didn't
hire a lawyer.
A. Somebody else hired him and I was on board.
Q. Which attorney are you referring to that you
hired and you paid money to?
A. What's his name? Michael Rotstetter.
Q. Raifsnider?
A. Raifsnider, yes.
DEPOSITION OF ANGELO WILSON - VOLUME IBR
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Q. You hired him and paid him money?
A. I paid him money, yeah.
Q. You just testified that you didn't hire him.
A. Everybody else got the processes going.
Q. Did you hire Mr. Raifsnider?
A. He was my attorney.
Q. You hired him. Did you pay him?
A. Yes.
Q. Okay. You hired him to put together the
eviction papers?
A. Yes, I did.
Q. And -- okay. And you did this at someone's
direction? You said you were a lieutenant. You said
you did at someone's direction; is that correct?
A. If I'm asked to do it, I do it. I did it.
Q. Who asked you to do it?
A. I did it.
Q. Yes. You said you're a lieutenant. That
someone directed you to do it.
A. It's better than a private.
Q. Did you want to change your answer, sir? If
you want to change your answer, you can, but if someone
directed you, please tell me who.
A. The process started. Somebody made contact.
Q. Who made contact?
DEPOSITION OF ANGELO WILSON - VOLUME I© OT HD VY F W NH KF
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A. With the attorney.
Q. Who made contact with you and told you to hire
an attorney? Excuse me, sir, please.
A. I'm thinking out loud.
Q. Just listen to my question. Who directed you
to go out and hire an attorney to bring an unlawful
detainer action against Mr. Garcia?
A. I don't know. I really don't. That's a
curious thing. It really is. I'm not into
particulars. I'm sitting here.
Q. I'm going to refer you to Exhibit Number 3.
was a letter you authored, by you and Carrie Wilson.
A. Okay.
Q. Does that refresh your recollection as to who
directed you to bring the unlawful detainer action
against Mr. Garcia?
A. This is just something else.
Q. Okay.
A. I don't think the detainer was put in right
then. I don't know.
Q. Sir, you were the property manager.
A. Yes, I was.
Q. Is it not part of your job duties to serve
three-day notices to cure or quit and evict tenants?
A. I'm not -- I guess it might have been.
DEPOSITION OF ANGELO WILSON - VOLUME I
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= oO ON DO GH BF WN Matthew K. Wisinski (SBN 195535) Dana L. Tom (SBN 263313) ELECTRONICALLY Katelyn M. Knight (SBN 264573) FILED MURCHISON & CUMMING, LLP Superior Court of Calffornia, 275 Battery Street, Suite 850 County of San Francisco San Francisco, California 94111 04/04/2016 Telephone: (415) 524-4486 lerk of the Cours! (415) 489-4798 Tt wettest (415) 524-4477 Facsimile: (415) 391-2058 E-Mail: — mwisinski@murchisonlaw.com dtom@murchisonlaw.com kknight@murchisonlaw.com Attorneys for Defendant CARRIE WILSON in her capacity as Trustee of the WILSON FAMILY TRUST SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PHILLIP GARCIA, CASE NO. CGC-14-538560 Plaintiff, DECLARATION OF KATELYN M. KNIGHT IN SUPPORT OF REPLY RE vs. DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST, | Date: April 11, 2016 SHAUN MARKHAM, ERIKA MARKHAM, Time: 9:30 a.m. and ANGELO WILSON, and DOES 1-20, Dept.: 501 Defendants. Action Filed: April 10, 2014 Trial Date: None Set |, Katelyn M. Knight, declare and state: lam an attorney-at-law licensed to practice in the State of California and | am an associate with Murchison & Cumming LLP, counsel of record herein for Defendant CARRIE WILSON as TRUSTEE OF THE WILSON FAMILY TRUST. | am one of the attorneys at our firm responsible for handling the defense of this matter on behalf of Defendant CARRIE WILSON as TRUSTEE OF THE WILSON FAMILY TRUST, and, on this basis, and upon such other bases set forth below, | have personal knowledge of the matters set forth in this 1 DECLARATION OF KATELYN M. KNIGHT IN SUPPORT OF REPLY RE DEFENDANT'S MOTION FOR UMMARY ADJUDICATIONon oO GT FF WN = Ny NM NM NY NNN NY KW 2B 2B B= eB Se eB Be AB | on G&G OH fF WO NSN SB SCS GO AOA N Oo HA FF WYO NH FF Oo O Declaration, except where stated on information and belief, and could and would competently testify to them under oath if called as a witness. 1. Attached hereto as Exhibit A are true is a true and correct copy of excerpts from the deposition of Angelo Wilson. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 4th day of April, 2016, at San Francisco, California. Katelyn McKnight —= SUMMARY ADJUDICATIONEXHIBIT AS aI oO 24 25 CLARK REPORTING (510) 486-0700 Yes. Who told you that Shaun Markham -- "Oh, by the way, Shaun's here." Where is he? With her at her house. Okay. At Cynthia Markham's house? He goes to visit her, yes. Where does she live? In Georgia in the county of Crawford. In what city? I think it's Lizella. Close. Have you ever been there before? I have been. 0» OP 0 FP OF 0 p> oO FP 0 Bb And you don't recall the city it's in? Qe It's a dirt road. Literally is a dirt road. A bunch of dead armadillos and possums on the road. Q. Whose idea was it to try to evict Mr. Garcia? A. Whose idea was it? Good question. That really is a good question. I don't know whose idea it was. I went along with it, though, because I was asked to. Q. By whom? A. Basically family. If somebody says, "This is what's going to happen," this is what happens. I'm just a lieutenant. Q. I understand that, sir. Who informed you that 94 DEPOSITION OF ANGELO WILSON - VOLUME I© 2 I A HO ®F WN BH 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CLARK REPORTING (510) 486-0700 there was going to be an unlawful detainer filed against Mr. Garcia? A. After the process began, I came on board. After the process began. I did not hire the lawyer. Q. Did you file the unlawful detainer action? A. Yes. That's the process. The process started. They say, "Sign this," I sign it. Q. You said you didn't hire the lawyer; is that correct? A. Yeah. Q. Sir, at the beginning of this deposition you said that you were -- A. Managing. Q. -- you were -- please wait until I ask my question. You said that you hired an attorney, you had to pay money to an attorney. A. Mm-hmm . Q. I'm confused. Now you just said you didn't hire a lawyer. A. Somebody else hired him and I was on board. Q. Which attorney are you referring to that you hired and you paid money to? A. What's his name? Michael Rotstetter. Q. Raifsnider? A. Raifsnider, yes. DEPOSITION OF ANGELO WILSON - VOLUME IBR ° 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CLARK REPORTING (510) 486-0700 o© oT Dn VU F&F W ND KB Q. You hired him and paid him money? A. I paid him money, yeah. Q. You just testified that you didn't hire him. A. Everybody else got the processes going. Q. Did you hire Mr. Raifsnider? A. He was my attorney. Q. You hired him. Did you pay him? A. Yes. Q. Okay. You hired him to put together the eviction papers? A. Yes, I did. Q. And -- okay. And you did this at someone's direction? You said you were a lieutenant. You said you did at someone's direction; is that correct? A. If I'm asked to do it, I do it. I did it. Q. Who asked you to do it? A. I did it. Q. Yes. You said you're a lieutenant. That someone directed you to do it. A. It's better than a private. Q. Did you want to change your answer, sir? If you want to change your answer, you can, but if someone directed you, please tell me who. A. The process started. Somebody made contact. Q. Who made contact? DEPOSITION OF ANGELO WILSON - VOLUME I© OT HD VY F W NH KF B °o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CLARK REPORTING (510) 486-0700 A. With the attorney. Q. Who made contact with you and told you to hire an attorney? Excuse me, sir, please. A. I'm thinking out loud. Q. Just listen to my question. Who directed you to go out and hire an attorney to bring an unlawful detainer action against Mr. Garcia? A. I don't know. I really don't. That's a curious thing. It really is. I'm not into particulars. I'm sitting here. Q. I'm going to refer you to Exhibit Number 3. was a letter you authored, by you and Carrie Wilson. A. Okay. Q. Does that refresh your recollection as to who directed you to bring the unlawful detainer action against Mr. Garcia? A. This is just something else. Q. Okay. A. I don't think the detainer was put in right then. I don't know. Q. Sir, you were the property manager. A. Yes, I was. Q. Is it not part of your job duties to serve three-day notices to cure or quit and evict tenants? A. I'm not -- I guess it might have been. DEPOSITION OF ANGELO WILSON - VOLUME I It 97