Preview
Anne Costin (SBN 260126)
COSTIN LAW INC.
369 Pine Street, Ste. 506
San Francisco, CA 94104
Tel: (415) 977-0400
Fax: (415) 977-0405
Email: anne@costinlawfirm.com
Christopher B. Dolan (SBN 165358)
THE DOLAN LAW FIRM
1438 Market Street
San Francisco, CA 94102
Tel: (415) 421-2800
Fax: (415) 421-2830
Email: chris@cbdlaw.com
Attorneys for PLAINTIFF
PATRICIA WILLIAMS
ELECTRONICALLY
FILED
Supertor Court of Caitfornia,
County of San Francisco
02/24/2017
Clerk of the Court
BY:SANDRA SCHIRO
Deputy Clerk
IN THE SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
PATRICIA WILLIAMS, Case No: CGC-12-526187
Plaintiff, EXHIBITS K THROUGH N
TO DECLARATION OF PLAINTIFF’S COUNSEI
-VS.- ANNE COSTIN ATTACHING EVIDENCE IN
SUPPORT OF PLAINTIFF WILLIAMS’
WYNDHAM VACATION OWNERSHIP, OPPOSITION TO DEFENDANTS’ MOTION
WYNDHAM VACATION RESORTS, INC., FOR JNOV AND NEW TRIAL
and DOES 1 through 100, inclusive,
Defendants.
Date: March 10, 2017
Time: 10:00 a.m.
Dept.: 306
Judge: Hon. Richard B. Ulmer
Complaint Filed: November 16, 2012
Trial Date: October 17, 2016
EXHIBITS K THROUGH N
TO COSTIN DECLARATION IN SUPPORT OF OPPOSITON TO JNOV AND NEW TRIALExhibit KIN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
---000---
PATRICIA WILLIAMS AND STEVE
GUTFELD,
Plaintiffs,
vs. No. CGC-12-526187
WYNDHAM VACATION OWNERSHIP,
WYNDHAM WORLDWIDE CORPORATION,
ANITA HOWELL, LINDA TANNER,
and DOES 1 through 100,
inclusive,
Defendants.
//
REPORTER'S TRANSCRIPT OF PROCEEDINGS
November 8, 2016
Reported by:
Bridget M. Mattos, CSR No. 1141011-816 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15
‘November 8, 2016
1 MR. McINTOSH! Judge, I'm a little confused. ;
2 I'm going to have some designations of Ms. Howell's
3 deposition.
4 THE COURT: Well, you best get busy with that |)
5 because they're going to be playing designations of
6 Ms. Howell here shortly. Okay. So now is the time;
7 today's the day.
8 MR. McINTOSH: But TI notice when you're doing
9 the time reports, I don't seem to be allocated any
10 time. :
11 THE COURT: No. You're within the defense,
12 which we said right at the beginning of the case. You
13. haven't used much time. You've used less than
14 five minutes, according to my calculations, so it's
15 not of the moment.
16 MR. McINTOSH: All right. Thank you, Judge.
17 THE COURT: So if you want designations from
18 Ms. Howell, they needed to have been done. They're
19 actually due when the trial starts, but if they're not
20 done when the trial starts, it is what it is, to use
21 the tripe phrase of the day.
22 MR. McINTOSH: I was still hoping Ms. Howell
23. would appear. Thank you, Judge.
24 THE COURT: We were told yesterday by your --
25 Ms. Rico Smith -- partner or associate, that she
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THE COURT: Mr. McIntosh?
MR. McINTOSH: No, sir.
THE COURT: How were you to be evaluated?
THE WITNESS: I was given a performance
review that evaluated my time there, went over all
different aspects of my performance. That's the
official evaluation that I received.
THE COURT: Follow up, Mr. Dolan?
MR. DOLAN: No, thank you.
THE COURT: Mr. Mullin?
MR. MULLIN: Nothing, Your Honor.
THE COURT: Mr. McIntosh?
MR. McINTOSH: Nothing, Your Honor.
THE COURT: Why did you seek this job?
THE WITNESS: I was -- I have a background in
human resources, and it seemed like an interesting job
to work for a vacation ownership. That seemed, for
lack of the exact right word, like a fun type of
position. And I am a generalist in HR, I don't want
to specialize in recruiting or compensation. I like
the generalist aspect of HR, so the position seemed a
good fit for me.
THE COURT: Follow up, Mr. Mullin?
MR. MULLIN: No questions.
THE COURT: Mr. Dolan?
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on
4S
MR. DOLAN: No, thank you.
THE COURT: Mr. McIntosh?
MR. McINTOSH: No, sir
THE COURT: Was there a timeline of when your
employment would terminate; in other words, was it a
onetime investigation or a permanent role?
I'm going to put it in another question here
since they're all related. And I'll hand you the
sheet so you can see them.
Would there be a possibility of promotion? I
put a bracket around the question.
THE WITNESS: I'm not sure I understand this
question.
THE COURT: Why don't you go ahead and take a
look at it.
Because I think what. the juror is saying is
were you hired just to do this investigation, or was
it a long term -- is that right?
JUROR #4: That's right.
THE WITNESS: It was a long-term regular
position. I didn't -- I wasn't aware of this issue
when I started.
THE COURT: Why don't you see the rest of the
questions there that are related.
THE WITNESS: This was a permanent role, and
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I would assume, just because it's -- in any job, or
most jobs, there would be a possibility of promotion. ;
I thought that going in, I didn't know when. But
nothing in particular about this job that would make
me think there would be a promotion, just that's the
nature of work.
THE COURT: Follow up, Mr. Dolan?
MR. DOLAN: Q. So the job was supposed to be
like a regular job to go, hopefully, for a long period
of time?
A. That's correct.
Q. But you got fired after you kept telling them
that they should look into Trish's investigations,
right?
MR. MULLIN: Objection. Cumulative and
argumentative.
THE COURT: Overruled.
THE WITNESS: That's correct. |
MR. DOLAN: Q. And that's why you think you
got fired?
A. That's correct.
MR. DOLAN: Nothing further.
THE COURT: Mr. Mullin?
MR. MULLIN: I have nothing further.
THE COURT: Mr. McIntosh?
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Oo TH oO B® WwW
A. March 2010.
Q. What was your title when you first became
employed at Wyndham?
A. Director of human resources.
Q. And was it a part of the company's policies
that required people who saw what they thought was
evidence of fraud to report that?
A. Yes.
Q. I mean, did you generally understand as an HR
person that a complainant should be able to come
forward without fear of being retaliated against?
A. Yes.
Q. Including being retaliated against by looking
for reasons to discipline them?
A. Yes. i
Q. It says, "Managers must diligently look for
indications that unethical or illegal conduct may have
occurred and report it"; is that right? !
A. Yes.
Q. Did you understand that you had an obligation
to diligently look for indications of unethical or
illegal activity? P
A. Yes.
Q. Was it ever listed anywhere that trying to
gather employees who had witnessed fraud and to
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Q. And you knew that Anita Howell was the very
person that Trish Williams had previously complained
about; right?
A. Correct.
Q. And Mr. Gutfeld sent you an email on
Wednesday, November 3rd, at 4:18 p.m.; do you see
that?
A. Yes.
Q. And you did, in fact, receive that email on
or around that date?
A. Correct.
Q. I'd like you to read out loud, if you would,
the sentence that Mr. Gutfeld wrote to you that starts
off, "Feels Anita and Vilen."
A. "Feels Anita and Vilen will tell HR what they
told her, but added that they are scared Trish will
try and get them fired by possibly filing an anonymous
Wyntegrity complaint and other similar omissions."
Q. So you were aware, then, as of November 3rd
of 2010, that Anita Howell was concerned that Trish
Williams was going to make a Wyntegrity complaint
about her?
A. That they're saying that they're scared of
Trish because she's done this before and may do that
to them also.
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Q. Because Trish Williams had made a Wyntegrity
complaint before about Anita Howell; correct?
A. Correct.
Q. About compliance issues; right?
A. Correct.
Q. And so when you spoke personally, then, with
Anita Howell on the phone on November 4th of 2010, one
of the things that she told you was that she was
concerned because Trish Williams was eavesdropping and
listening to her pitch; right?
A. It states that in there, yes.
MR. DOLAN: Q. And Mr. Gutfeld is telling
you at that point in time that he'd informed Trish by
phone that she is suspended pending the results of the
investigation; correct?
A. Correct.
Q. Who told him he could do that? Did you tell
him go ahead and suspend her?
A. That would have been a conversation between
Steve, Karen Case, and myself.
Q. Right. And so -- but the new guy didn't make
that decision on his own now; did he?
A. No.
Q. And that you made -- you and Karen, the more
senior people, made that decision; didn't you?
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o Un uw
24
25
A. Yes.
Q. So if you look then at Exhibit Number 23, you
have an email at November 4 at 5:28 p.m.; do you see
that?
A. Yes.
Q. And at that point, you're telling -- a person
in San Francisco is being terminated; right? "We are
terming a salesperson in San Fran."
Do you see that?
A. Yes.
Q. And you specifically identify the person as
Patricia Williams; correct?
A. On Friday, November 5th, yes.
Q. And so she was suspended and terminated on
the same day; right?
A. No, incorrect.
Q. Oh, okay. Well, if you look here at Gutfeld,
on November 4 of 2010, at 2:27 p.m., it says,
"Kimberly, I informed Trish by phone that she is
suspended pending the results of our investigation."
Do you see that?
Yes.
That's November 4 at 2:27 p.m.; correct?
Correct. Mm-hm.
ov OP
And then you have November 4, at 5:28 p.m.,
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N
24
25
So my understanding is we're going to move on
to defendants' clips from the Barber deposition; is
that correct?
MR. BENNETT: Yes, Your Honor.
THE COURT: You may proceed.
(Video playing.)
MR. BENNETT: Q. Ms. Barber, what were your
responsibilities for Wyndham Vacation Ownership as the
director of human resources in the Las Vegas office in
the summer of 2010?
A. In 2010, I was responsible for the Las Vegas
area for sales and marketing, and also I had
responsibility -- they changed during that summer. At
one time I had, like, Colorado and other resorts
there. I did not have California, but then sometime
in that summer, it flip flopped and I regained
responsibility for San Francisco, for Oceanside, and
also for Harbor Lights.
Q. And you said the Las Vegas area, what was in
the Las Vegas area in about the summer of 2010?
A. Grand Desert. We had a property over at
Harrah's, and then we were starting to go to some
other locations throughout the Las Vegas area.
Q. So as the director of human resources for WVO
in the summer of 2010, what sites or resort properties
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an ow
were you responsible for?
A. I had the Las Vegas Grand Desert. I had Las
Vegas Harrah's, we had a property there. I had
Canterbury in San Francisco. I had Oceanside, which
is in California. And I also had Harbor Lights.
Q. And where is that located?
A. In California.
Q. Did you have a human resources person who was
physically present at the San Francisco property in
the summer of 2010?
A. In summer of 2010, no, we did not.
Q. So how would you have to cover HR issues that
may have arisen in the Canterbury property in San
Francisco in the summer of 2010?
A. That position was vacant at the time, so I
was flying back and forth and taking care of issues
either in person, by email, or over the phone.
Q. Did you make efforts to hire somebody who
would be an HR person for the San Francisco property
in the summer of 2010?
A. Yes.
Q. What efforts did you undertake?
A. Went through the usual posting and then
interviewing process. It wasn't just for
responsibilities for Canterbury, it was also
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1 told by counsel for both sides that you should eat a
2 light breakfast, if any, tomorrow morning because
3 breakfast treats are going to be provided for you here
4 in court coming from both sides.
5 Your next witness, please, Mr. Dolan.
6 MR. DOLAN: Yes, Your Honor. I call
7 Ms. Marty Whitney to the stand.
8 THE WITNESS: I'ma little slow people. I
9 have a broken tow.
10 THE COURT: All right. Why don't you come
11 through behind the wooden rail, if you would. Raise |
12 your right hand and the clerk will swear you in.
13 Witness sworn.
14 THE CLERK: Please state your first and last
15 name and spell it for the record.
16 THE WITNESS: First name is Marty, M-A-R-T-Y. ;
17 Last name is Whitney, W-H-I-T-N-E-Y.
18 THE CLERK: Thank you, ma'am.
19 DIRECT EXAMINATION BY MR. DOLAN
20 MR. DOLAN: Q. Would you like a glass of
21 water?
22 A. I'm fine. Thank you very much. :
23 Q. Ms. Whitney, can you please tell the jury
24 what your current occupation is?
25 A. I'm retired. Domestic goddess. I get to
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WN RB
~
stay home.
Q. Domestic goddess?
A. That sounds good.
Q. And before you were a domestic goddess, who
was your employer?
A. Wyndham in San Francisco.
Q. At any particular location?
A. I'm sorry. One after that would have been
Shell Vacation Club in San Francisco at the Donatello.
Q. So your last employer was Shell Vacation Club
at the Donatello?
A. Correct.
Q. And were you there when it was bought by
Wyndham?
A. No, no. I léft right before it was bought
out.
Q. And did you leave voluntarily or
involuntarily?
A. I left voluntarily.
Q. Before that you did work for Wyndham San
Francisco?
A. Yes, I did.
Q. And where -- at what location, please?
A. That would be at the Canterbury in San
Francisco.
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of your deals; didn't you?
A. On some of my deals, yes.
Q. Well, ma'am, we just saw where you said that
half of your deals were closed by Anita and you
admitted that. Right?
A. Some of them were closed by Anita. Some were
closed by Vilen and some were closed by Neal. Even
Trish closed one of my deals. So I wouldn't say half.
A good many, yes.
Q. Ma'am, we just heard that you said half;
right?
A. I was in a conversation. Okay. Half.
Q. Okay.
A. You can go with whichever you want,
Q. Okay. Not what I want, matam. I'm just
trying to -- that was your words; right?
A. All right.
MR. BENNETT: Objection, Your Honor,
misstatement. But it's in the record as to whose
words.
THE COURT: You can handle it on your
examination.
MR. BENNETT: Yes.
MR. DOLAN: Q. So let's go back to where you
go to Mr. Franco. You're in his office. You've told
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him that Anita has pitched buybacks to the Crooks
fraudulently; correct?
A. Correct.
Q. And when you said that to him in his office,
he told you to keep your mouth shut or you'd be fired;
didn't he?
A. Yes, he did.
Q. And he told you, we here in San Francisco are
a sales machine and it just doesn't matter; isn't that |
what he said?
A. You're a sales machine and this is -- Wyndham
is a sales machine and this is the sales floor.
Q. All right. And that's right after he told
you to shut your mouth or he'd fire you; right?
A. Yes.
Q. And you felt at that moment that Mr. Franco,
who was the -- what is he now? -- vice president of
sales and marketing for San Francisco was placing
profits above ethics; didn't you?
A. Yes.
Q Now, Anita was in that room with you; right?
A. She was.
Q And after you were told to keep your mouth
shut or you would be fired --
MR. DOLAN: Let's just play this, if we
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could, please, since we have it. If we could please
start with 144, Line 24 through 145, Line 22.
THE COURT: You may proceed.
(Video playing.)
Q. MS. COSTIN: Q. And where were you when you
made this report to Mr. Franco that Anita Howell had
been unlawfully pitching buyback?
In his office.
In Mr. Franco's office?
A
Q
A. Yes, which would have been Tara Dow's office.
Q And was anyone else there?
A Yes. Vilen was there and Anita was there.
Q. And so you essentially told Mr. Franco in
front of Anita that Anita had been making a
misrepresentation to a salesperson?
A. I was called into the office because I didn't
want the Crooks to come in, and that's when I was told
keep my mouth shut or I'd be fired.
Q. And did Anita Howell say anything during this
meeting?
A. No.
Q. Did you feel like Jose Franco --
A. Waita minute. She did say something. She
said that "I can say whatever I want as long as I
don't put it in writing. That's why Wyndham has good
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24
25
lawyers."
Q. That was a statement that Anita Howell made?
A. Yes, she did.
(Video concluded.)
MR. DOLAN: Q. Okay, ma'am. So in front of
the vice president for sales and marketing and your
friend Vilen, Anita Howell said she could say whatever
she wanted because Wyndham had good lawyers; right?
A. Correct.
Q. And did you interpret that to mean that she
could go on doing her fraudulent behavior and she
didn't need to worry about it because then the lawyers
would come in and defend her? Is that what you
understood?
A. I understood as long as she didn't put
anything in writing, she could say what she wanted.
Q. So did she tell you that?
A. In so many words, yes.
Q. Did she tell you that as long as she didn't
put it in writing, that people who would complain
about her fraudulent activities would have nothing to
stand on?
A. She said as long as she doesn't put it in
writing, that's okay. She can say what she wants.
MR. DOLAN: May we please play 145/21 through
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1 A. No, they hadn't been sold again. They were :
2 about to be sold again in June. |
3 Q. Well, ma'am, why didn't you tell me about
4 that in your deposition, this whole thing about Tara :
5 Dow putting something into the contract so they'd /
6 never be sold again? Why didn't you do that?
7 MR. BENNETT: Objection, Your Honor, assumes '
8 a question was asked that would have elicited that. '
9 THE COURT: Sustained. '
10 MR. DOLAN: Q. Well, ma'am, I didn't ask you
11 whether she did it now. I didn't ask you if she put ;
12 something like that in the contract; you volunteered !
13 it.
14 A. I volunteered it because it's the truth. You
15 know, when you go for a deposition, afterwards you
16 think of things. I'm only telling you the truth. You
17 can take it for what it's worth.
18 Q. And, ma'am, you were told that -- when your
19 deposition started, that if you read -- you get an
20 opportunity to read your deposition; right?
21 A. Yes.
22 Q. And that if you read your deposition and you
23 thought something needed to be changed, you could do ;
24 that; right?
25 A. You could change it. I wasn't changing
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25
anything. This was just adding to it. I didn't --
Q. Okay.
A. I'm just telling you the truth. Take it
where it is.
Q. Okay. I just want to follow along my train
of thought here.
A. Okay. Follow.
Q. You're telling me that after your deposition,
this came to you; correct? This thing about
Ms. Dow --
A. It didn't come out of the air, it did happen.
Q. But it came to your mind. You suddenly
remembered this?
A. Yes, I did.
Q. But when you had that opportunity to review
your deposition, you didn't bother to write that down?
A. No.
MR. BENNETT: Same objection, Your Honor.
THE COURT: Overruled.
MR. BENNETT: It assumes it would have been
responsive to a question.
THE COURT: Overruled.
MR. DOLAN: Q. So you'd been talking to
Wyndham's lawyers, haven't you?
A. I've been talking to Angel, yes.
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Q. Angel, the fellow sitting in the back?
1
2 A. Yes.
3 Q. Okay. Dylan Carp, that fellow sitting right
4 there, did you talk to him, too?
5 A. Yes, I have.
6 Q. Okay. You talked to another lawyer of
7 theirs; didn't you?
8 A. No.
9 Q. You didn't?
10 A. No. I met -~ at the deposition I met Anita's
11 lawyer, that one sitting over there.
12 Q. Okay. And prior to coming to this trial
13 today, when was the last time you spoke to one of
14 Wyndham's lawyers?
5 A. That would be Sunday.
16 Q Sunday when? Sunday last?
17 A This past Sunday at 2 o'clock.
18 Q. Oh, okay. So where did that happen?
19 A At their office.
20 Q So you went down to the defendants' office
21 last Sunday to sit down and talk to them before you
22 came in here to testify?
23 A. Yes, to go over how this would all work.
24 Q. To go over questions that you might be asked?
25 A. They didn't go over any questions I might be
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oy OF oW B® wD
asked. They had just said read over your deposition.
And they said how the courtroom would work, and the
jury would be here.
Q. How long did they tell you to read your
deposition, court would be like, juror would be over
here? How long did you spend doing that with them?
How many hours?
A. Hour and a half, two hours.
Q. Took an hour and a half to two hours to go
over that little thing you went over in 10 seconds?
A. We read over the deposition, yes.
Q. So you walked through your deposition with
them; right?
A. Yes.
Q. They prepared you to be a witness here at
trial; isn't that right?
A. We went over the deposition. If that's what
you call being prepared, yes.
Q. Well, they told you where you'd sit, how to
look at the jury; right?
To look at the jury, yeah.
Yeah. They told you to look at the jury?
Yeah, look at you.
Look at me, yeah?
> op OP
That's it, yeah.
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won
24
25
Q. Okay. So they coached you on how to be a
good witness?
A. If that's being told to be coaching, if
that's the word you want to use, okay.
Q. Now, ma'am, you had sued this company before
for fraudulent activity and wrongfully terminating
you; right?
A. No.
Q. No?
A. I wasn't wrongfully terminated.
Q. What did you sue them for?
A. For sales fraud. i
Q. Did they defraud you? Did they defraud you,
ma'am, such that you were suing them for fraud on you?
A. I don't know what you mean by did they
defraud me?
Q. Well, I -- you just said that you sued
Wyndham, whose lawyers sat with you and coached you,
for sales fraud. Did they defraud you?
A. I still don't understand.
Okay. I'm sorry. Perhaps I'm --
Did they defraud me?
Yes, ma'am.
Did they lie,to me?
oP 0 RP 0
Why did you sue them for sales fraud? Why
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did you sue them for sales fraud? Did they defraud '
you?
A. Did they defraud me? I don't understand what
you mean by "did they.defraud me." I sued Wyndham. I
didn't sue their lawyers. I sued Wyndham for having
to constructively discharge myself.
oO. There you go. So you sued them for wrongful
termination; right?
A. Yes.
Q. Okay. So you didn't sue them for sales
fraud. You sued them because you claimed that they
had fired you --
A. I wasn't fired.
Q. Matam, please let me finish my questions.
So you sued them because you felt that they
had fired you because‘you had no alternative but to
constructively discharge yourself; correct?
A. I had no alternative but to constructively
discharge myself, correct.
Q. Because it was your allegation that you would
have to commit fraud in order to continue working
there and be successful; right?
A. Correct.
Q. So this company that you had sued because
they had forced you to either commit fraud or quit,
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nm Wd
they were represented by these here lawyers over here;
weren't they?
A.
lawyers,
Q.
A.
Q.
Wyndham.
adverse to them? You were suing them to get money;
right?
A.
Q.
A.
Q.
switched sides, didn't you, and started meeting with
them?
A.
Those are the lawyers I know to be Wyndham's
yes.
Yeah. And they deposed you; didn't they?
Yes, they did.
So at some point in time you were adverse to
Would you agree with me that you were
Yes.
Pardon me?
Yes.
But then at some point in time you kind of
I don't switch sides for anything. I met
with -- deposed by your attorneys here, too, so...
Q.
And, ma'am, you didn't meet with our
attorneys for an hour-and a half on Sunday before you
came in here --
0 » 0 >
No.
-- to be coached; did you?
No.
You didn't meet with our attorneys before you
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1 were deposed, did you?
2 A. Before I was deposed? No.
3 Q. But you did meet with Dylan Carp and you met
4 with Angel before you were deposed; right?
5 A. I had a meet and greet with Angel, and I met
6 with Dylan in 2015.
Q. For about an hour and a half then, too;
8 right?
9 A. If you put it altogether, it would be an hour
10 and a half. Maybe an hour and 15 minutes. An hour
11 with Dylan in 2015 and about 15 minutes with Angel.
12 Q. And then about an hour and a half on Sunday?
13 A. Mm-hm.
14 Q. Is that right?
15 A. That's correct.
16 Q. The lawyers for the company that you sued for
17 constructively wrongfully discharging you; right?
18 A. Correct.
19 Q. You decided for some reason that you were
20 going to go over, meet with them, and then come be
21 their witness; right?
22 A. I'm nobody's -- I'm not your witness and I'm
23 not theirs. I'm just here to tell the truth.
24 Q. Then why did,you spend a total of three hours
25 with these lawyers who represented the people you
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1 sued?
2 A. They asked me.
3 Q. They asked you what, to come talk to them?
4 A. At which time? They asked me to come in
5 before the court hearing today, yes.
6 Q. No, ma'am. When you first spoke to them a
7 couple years ago, when was it when you first started
8 meeting with their lawyers about this case?
9 A. They called me and asked me -~ they wanted to
10 talk to me about the case and that would be Dylan, in
11 2015, I believe it was in summer. ,
12 Q. Well, ma'am, if you'd had a lawyer when you
13 were suing them, right?
14 A. Yes.
15 Q. And then at some point in time your lawsuit
16 ended?
17 A. Yes.
18 Q. Because you settled it?
19 A. Yes.
20 Q. Now, let's just talk about that for a minute.
21 Trish didn't settle her case at the time you settled
22 yours; did she?
23 A. No, she did not.
24 Q. But there were a group of you that settled
25 with Wyndham; correct?
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A. Correct.
QO. And isn't it true that you thought that if
Trish had settled along with you, you would have got
more money?
A. Could be and could not be. More possibly
could, but it didn't matter to me what she did. You
know, it didn't interfere with my life.
Q. Okay. Ma'am, could be, could not be, more
possibly would be?
A. I'm not sure. You know, that would be like a
crystal ball.
MR. BENNETT: Objection. It does call for
speculation, Your Honor.
THE COURT: There's not a pending question
right now.
MR. DOLAN: Q. Now, ma'am, isn't it true
that Trish's decision not to resolve her case had a
financial impact on the rest of the group that
resolved the case?
MR. BENNETT: Objection, Your Honor, asked
and answered and speculation.
THE COURT: Overruled.
THE WITNESS: Am I supposed to answer?
THE COURT: When I overrule, you're supposed
to answer.
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THE WITNESS: I'm sorry. You want to do the
question again?
THE COURT: Why don't you read it back
please, Bridget.
(Record read.)
THE WITNESS: I would believe it would.
MR. DOLAN: Q. Well, actually, you believe
it did; right?
A. I believe it -- okay. I believe it did -- '
Q. Okay.
A. -- somewhat, but --
Q. So Trish told you she didn't want to settle
her case, she wanted to go to court; right?
A. She wanted a jury trial and go to court, yes.
Q. She said she wanted to expose this fraud to a
jury; correct?
A. She said she just wanted to go to court and
have a jury trial.
Q. Right. You didn't; did you?
A. No, I didn't want to handle it -- take it
that far, no.
Right.
I could have, but I didn't want to.
You what?
pop ©
Could have, hut I didn't want to.
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1 Q. So you didn't want to go the distance, but
2 she did? /
3 A. Apparently. We're here, yeah.
4 Q. Okay. So because she wouldn't go along and
5 settle her case, it impacted you financially, yes?
6 A. You would think so, yes. But it did not
7 impact me financially. I'm pretty well off. |
8 Q. They wanted you to all resolve it together; :
9 right?
10 A. Although they were both -- had different
11 lawsuits, yes, they did want it all resolved together, }
12 I do believe. ;
13 MR. BENNETT: Objection, Your Honor. Getting
14 very close, if not already, at an MIL ruling.
15 MR. DOLAN: I'm moving.
16 THE COURT: I don't think so.
17 MR. DOLAN: Thank you.
18 MR. DOLAN: }. So you think she cost you
193 some money by not settling, and then you went over and
20 you started talking to the defense lawyers; right?
21 That was after that; right?
22 A. It was -- they came to me, I didn't go over
23 to them. )
24 Q. It was after you -- :
25 A. I--
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Q. Pardon me. I interrupted you.
THE COURT: You may finish your answer if you
had more to add.
THE WITNESS: Dylan Carp contacted me by
phone and asked me.
MR. DOLAN: Q. Okay. Ma'am, it was after
you felt that you had suffered financially because
Ms. Williams would not go along and settle with you
that you began talking to Wyndham's lawyers; right?
A. They called me and it was after -- yes. She
didn't settle, but financially she could do what she
wanted to.
Q. Okay. Very --
A. Didn't impact my life what she did.
MR. DOLAN: Move to strike as nonresponsive,
Your Honor. I had a very specific question.
THE COURT: Granted.
MR, DOLAN: Q. Ma'am, it was after you felt
that she had cost you some money that you started
talking with Wyndham's defense lawyers about Trish;
right?
A. It was after the case, yes.
QO. Weren't you pissed off at Trish for costing
you money and that's why you went over to the other
side?
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No.
No?
Absolutely not.
You were just being a good samaritan?
POF O »
I'm telling the truth. They asked me what I
knew about the case, and I told them.
Q. And isn't it true that --
A. I am a good Samaritan, come to think of it.
Yes, Iam. Yes.
Q. Isn't it true that you thought Trish had
stood in the way of you maximizing your financial
result by suing Wyndham? /
A. No.
QO. No? Okay.
A. It's not true.
Q. Why in God's name would you go and start
working with the defendants of a company that was
ripping off elder people?
A, I did not --
MR. BENNETT: Objection, Your Honor,
argumentative.
THE WITNESS: You know -~
THE COURT: It would have been a good
objection at the time.
The answer is?
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a oa
~
THE WITNESS: You want me to answer? Read
the question back, please.
THE COURT: No. Why don't you give it again.
THE WITNESS: Give it to me again.
THE COURT: In less florid language.
MR. DOLAN: Qkay.
MR. DOLAN: Q. Why would somebody who sued
these people for elder fraud and abuse, suddenly go
over and start talking to them for hours about Trish
if you weren't pissed off at Trish?
A. I was not pissed off at Trish. They asked me
what I knew about the case, and I told them everything
I knew. Just as if you had come to me and asked me,
I'd tell you everything I know because I don't lie. I
just told them everything I knew, the facts as I knew
them, so the jury can make an intelligent decision
based on the truth and facts.
Q. But you thought this company was an elder
abuser; right?
A. I didn't say the company. No. Wyndham is a
large company. It's not their fault they have some
ding-dongs in different places working for them.
MR. BENNETT: Move to strike as
nonresponsive, Your Honor.
MR. DOLAN: She threw it out there.
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THE COURT: Overruled.
MR. BENNETT: It wasn't responsive.
MR. DOLAN: Q. Did you understand that they
represented Anita Howell?
MR. BENNETT: Objection, Your Honor. Assumes
facts and calls for a legal conclusion.
THE COURT: "They" is who?
MR. DOLAN: Q. Did you understand that the
lawyer sitting down there at the end, that they had a
lawyer who was representing Anita Howell?
MR. BENNETT: Same clarification from the
bench, Your Honor. Who's "they"?
MR. DOLAN: Q. Did you understand that
Ms. Howell had a lawyer defending her?
A. I didn't then, but yes, later I did.
Q. Did you understand that Ms. Dow was being
sued, too?
A. No.
MR. BENNETT: Objection, Your Honor, assumes
facts.
THE WITNESS: I didn't know that.
THE COURT: Overruled.
MR. DOLAN: Q. Did you sue Ms. Dow?
A No
Did you sue Ms. Tanner?
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21
22
23
24
25
A. I think she was on the -- when we had the
lawsuit combined before we split for the three weeks,
I think she was named; yes, Linda Tanner was named.
Q. Do you know Linda Tanner still works at that
company?
A. Yes, I believe she does.
Q. So you'd sued the company, you sued Linda
Tanner, they represented Linda Tanner and the company,
you don't get what you want financially because of
Trish, and then you start working with them?
MR. BENNETT: Objection; asked and answered,
Your Honor.
THE COURT: Overruled. :
MR. BENNETT: Getting argumentative.
THE COURT: Overruled.
MR. DOLAN: Q. Right?
THE WITNESS: Oh, that means I answer?
THE COURT: Yes?
MR. DOLAN: Q. Yes.
A. I'm not working with anybody. They asked me
what I knew, and I even told Trish that -- you know, I
will tell the truth.
Q. You have a pretty busy and happy life; right?
A. I certainly do. :
Q. Retired?
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A. Yeah. Domestic goddess, keep the house.
Don't get paid for it, though.
Q. Okay. Being a domestic goddess is a pretty |
busy schedule? |
A. Pretty busy schedule with my animals and my
husband and doing sports and everything.
Q. And do you rémember that you indicated that
part of why you settled was you wanted this whole
thing behind you. You just wanted to be done with it;
right?
A. True.
QO. Then why did you go and start talking to them
and stay in it?
A. They started talking to me.
Q. And you listened?
A. No. They asked me what I knew, and I told
them what I knew.
Q. Did you go to their offices? You took time
out of your day to go to their offices; right?
MR. BENNETT: Objection, Your Honor. Now it
is certainly asked and answered and argumentative.
THE COURT: Overruled.
THE WITNESS: I went to their office that one
time to meet and greet, yes. And that would be in
2016.
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1 MR. DOLAN: Q. What about when you met with
2 Dylan? Where did that happen?
3 A. That happened at Starbucks down from my
4 house.
5 Oo. Didn't you communicate if you had to settle
6 for that small amount, you were going to be a witness
7 for Wyndham against Trish? Didn't you say that?
8 THE COURT: All right. So I don't want you
9 to say what the amount was. The question does not
10 call for that response.
121 MR. DOLAN: @. Don't want an amount, but
12 isn't it true that you stated that if you had to take
13 less money, you would be a witness against Trish?
14 MR. BENNETT: Objection, Your Honor. This
15 goes to two of Your Honor's motion in limine rulings.
16 THE WITNESS: No.
17 THE COURT: It does not. We talked about
18 this earlier today.
19 MR. DOLAN: Q. Isn't that true, ma'am?
20 A. I don't recall ever saying that.
21 Q. Do you deny it, or you're just saying I can't
22 recall?
23 A. I can't recail, but I think I'm denying that. |
24 I don't think I said that.
25 Q. You think you are, or you are? Under oath,
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25
are you denying that?
A. I believe I am. That small amount? I don't
recall ever saying that.
Q. Okay. Let me ask you some other -- we'll
just sort of change gears a little bit.
Let's talk about this lunch discussion that
happened. Are you aware that Ms. Williams was
ultimately terminated for the events that arose out of
a meeting on October 30th, on a Saturday, at the
table? ,
A. I was not aware until Trish told me that.
Q. Okay. You're aware now?
A. That seems to be -- I -- I assume so, yes,
from what I read about it. I was not aware of that,
no.
Q. What do you mean, "from what I read about
it"?
A. Well, I've read some of -- about it. I don't
believe until Trish told me that October 30th meeting
was trying to get her fired.
Q. And when did Trish tell you?
A. That there was the October 30th meeting. She
thought it was Vilen, me, Susan, Anita, that -- not
Susan -- that ultimately got her fired.
Qe Ma'am, the question was: When did you first
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A. I assumed he got it -- I just assumed. No, I
did not ask him where he got the information.
Q. You came to some assumption, what was that?
MR. BENNETT: Objection, Your Honor, no
foundation.
THE COURT: Overruled.
THE WITNESS: That he got it from Tara Dow.
MR. DOLAN: Q. Okay. Now, ma'am, when you
were meeting with the'lawyers from Wyndham, they
showed you a Wyntegrity complaint that Ms. Williams
had filed with your name in it; didn't they?
A. No. I think I saw that in the deposition,
when I went for the deposition, I believe.
MR. DOLAN: I'd like to play from her
deposition --
THE WITNESS: Dylan Carp told me about it,
but I never saw it.
MR. DOLAN: Q. Okay. So Dylan Carp told you
that Trish had made a Wyntegrity complaint that
accused you of fraud?
A. He said yes; .and she made it in November
2010.
Q. Okay. So the lawyers for Wyndham told you
that Trish Williams had filed a complaint of fraud
that involved you committing fraud?
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Mm-hm.
Pardon me?
po >
Yes.
QO. And you like that? Was that a good feeling
to hear that?
A. Didn't matter to me because it wasn't true.
Q. Didn't matter to you at all?
A. No. Because to me you have to prove it, and
there's no way to prove I ever committed fraud because
I never did.
Q. Linda Tanner, did you two have any type of
conflict, open conflict, disagreement?
A. Not that I'm aware of.
Q. No reason to believe that she's going to lie
about you; right?
A. I wouldn't think so.
Q. Okay. Are you aware that she sat there --
pardon me.
Did the lawyers, when they met with you on
Sunday, tell you that she sat right there on that
stand and said she'd heard you talk about pitching ;
buyback?
A. No, they never said that. I never knew it
until you just said it, and that's not true. I never
pitched buyback.
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wn
”
(Video concluded. )
MR. DOLAN: Q. Okay. Ma'am, just a moment
ago you told us it was in July.
A. I said --
Q. Did she tell you a second time in July?
MR. BENNETT: Objection, Your Honor,
misstates the testimony of the witness.
THE COURT: Overruled.
THE WITNESS: I just said I wasn't sure. It
could have been in -- I just told you it could have
been March. It could have been in June. I don't
recall.
MR. DOLAN: Q. Okay. How many times did she
tell you that she sold her soul to the devil?
A. Once.
QO. How many times did she tell you that she
could get anybody she wanted fired?
A. Once.
Q. So the one time you ever heard a person who
was working at Wyndham say I can get anybody fired I
want to, it was Anita?
A. Anita said that, yes. To me.
Now, the complaint that you became aware of
that was made against you in November 29th, 2010,
where it said that you were engaged in unethical sales
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Ww nN
4
State of California . )
County of Marin )
I, Bridget M. Mattos, hereby certify
that the said proceedings were taken at the time and
place herein named; that the proceedings are a true
record of the testimony as reported to the best of my
ability by me, a duly certified shorthand reporter and
disinterested person, and was thereafter transcribed
under my direction into typewriting by computer.
I further certify that I am not
interested in the outcome of said action nor connected
with or related to any of the parties in said action
nor to their respective counsel.
IN WITNESS WHEREOF, I have hereunder
subscribed my hand on November 15, 2016.
BRIDGET M. MATTOS, CSR NO. 11410
Page 327
|
Bridget Mattos & Associates
(415) 747-8710Exhibit LIN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
-7-000---
PATRICIA WILLIAMS AND STEVE
GUTFELD,
Plaintiffs,
vs. No. CGC-12-526187
WYNDHAM VACATION OWNERSHIP,
WYNDHAM WORLDWIDE CORPORATION,
ANITA HOWELL, LINDA TANNER,
and DOES 1 through 100,
inclusive,
Defendants.
//
REPORTER'S TRANSCRIPT OF PROCEEDINGS
. November 9, 2016
Reported by:
Bridget M. Mattos, CSR No. 11410REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 16
November 9, 2016
before you did?
A. "Yes.
Q. “How was it that you met Jim White?
A. "He came to work at Williamsburg.
Q. "What was his position?
A. "He was the vice president.
Q. "All sales, in-house and front line?
A. "Yes.
Q. “Was he your boss?
A. "Yes.
Q. "Was Mr. White your boss when you were
out ‘in California?
A. "Yes.
Q. "Was he the one you would report to
directly?
A. "Yes.
Q. "When did you first start working with
Anita Howell?
A. "I don't a hundred percent recall.
Q. "Can you tell me where it was?
A. "Williamsburg.
Q. "While working in Williamsburg was there
ever a time period in which you were aware that there
was some concern by management of there being a
potential compliance issue relating to rentals,
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whereby management sent her out a letter?
A. "Yes.
Q. “What issues did you understand could be
created as it related to the issue of endorsing or
promoting a rental company?
A. "That's against policy.
Q. “What was the policy?
A. "You don't endorse any company.
Q. "Any time that you were in Williamsburg
up and through when you went to San Francisco, was
your husband involved in a timeshare rental business?
A. "I respectfully decline to answer that
question.
Oo. “Why was it that you moved to California?
A. "To take the VP position.
Q. "So the vice president had the ultimate
responsibility for the site?
A. "Site, yeah, versus just the sales
people.
Q. "Do you know if that VP position had
recently become available and open?
A. "Yes.
Q. "And did you have any understanding as to
whether there had been any type of major overhaul --
A. "Yes.
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12
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Q.
A.
Q.
A.
staff.
Q.
A.
Q.
A.
related.
Q.
time period,
A.
Q.
before you moved to California?
A.
Q.
A.
Q.
Williamsburg?
A.
Q.
A.
Q.
you recommended her for rehire to the Canterbury
-- "of the San Francisco office?
"Yes.
"And what was your understanding?
"That they had to let go of most of the
"Did you ever hear --
"They had to rebuild.
"Did you ever hear why?
"I don't know the specific but compliance
"You moved out to San Francisco in what
do you remember?
"June or July of '10.
"And had‘you known Ms, Williams at all
"Yes.
"How did you know her?
"From Williamsburg.
"In what way did you know her from
"She worked there as a sales rep.
"Were you her boss in Williamsburg?
"Not directly, but --
"Were you in California at the time that
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position?
addition
position?
A.
Q.
Francisco?
pO Ro >
Q.
would be the
A.
Q.
o the team?’
“Yeah, I had to have been, I would think.
“And did you want her on your team?
"Sure.
"Did you think that she would be a good
"Yes.
"Hard worker?
"Sure.
"Good at sales?
"Mm-hm. Yup.
"Did Anita perform well in the sales
"Yes.
"Was Anita the top seller in San
"Yes.
"Consistently?
"Yes.
"And she was outperforming the others?
"Yes.
"So people who had the highest sales
top. of the rotation, wouldn't they?
"Yes. It's based on your APG.
"What is 'APG'?
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A. "Average per guest.
Q. "So that's based upon the number of
guests -- pardon me. An APG is determined by the
total amount that you brought in divided by the number
of guests that gives you an average per guest;
correct ??
A. "Yes.
Q. “And if your sales were high per guest,
then you would at the top of the chart, number 1;
correct ??
A. "Yes, unless you wrote a deal. Whoever
writes the deals goes out first the next day.
Q. “And therefore, wasn't it known that it
was desirable to be at the top of the list, as far as
rotations went for the next day?
A. "Sure.
Q. "Now, did you have the ability, if you
wanted to, to move somebody either up or down on the
rotation if you either wanted to, say, oh, you've been
doing a really good job I'm going to put you up
towards the top of the rotation or was it locked in
that you couldn't move somebody outside of the system?
A. "No, you don't mess with the rotation.
Q. "Why not?
A. "I mean, that's bad for morale.
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Q. "To your knowledge, did anybody ever
inform you that Ms, Williams had made a complaint that
she thought that you had moved her on the tour
rotation list as an act of retaliation?
A. "I don't recall that.
Q. "So something you think you would have
remembered had they come to you and said that?
A. "I would think I would have, but -- I
don't recall anything about rotations and retaliation.
Q. "I'm going to show you what has been
marked as Exhibit No. 3, Wyndham Resorts' sales
compliance practices. Do you see that?
A. "Mm-hm.
Q. “And did you receive training on the
sales compliance practices at Wyndham?
A. "Yes.
Q. "Did you also train people on these sales
compliance practices?
A. "Some.
Q. "As the vice president of the San
Francisco branch did you have an understanding that
you had to make sure that these compliance practices
were followed?
A. "Yes.
Q. "In the San Francisco office were you the
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No
13
14
15
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18
19
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21
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most senior person there?
A.
QO.
whether there was any policy prohibiting salespeople
from stating that the company would buy back
timeshares if the people were unhappy?
A.
Q.
A.
Q.
whether the company had a policy about people making
representations as to
Preview
Anne Costin (SBN 260126) COSTIN LAW INC. 369 Pine Street, Ste. 506 San Francisco, CA 94104 Tel: (415) 977-0400 Fax: (415) 977-0405 Email: anne@costinlawfirm.com Christopher B. Dolan (SBN 165358) THE DOLAN LAW FIRM 1438 Market Street San Francisco, CA 94102 Tel: (415) 421-2800 Fax: (415) 421-2830 Email: chris@cbdlaw.com Attorneys for PLAINTIFF PATRICIA WILLIAMS ELECTRONICALLY FILED Supertor Court of Caitfornia, County of San Francisco 02/24/2017 Clerk of the Court BY:SANDRA SCHIRO Deputy Clerk IN THE SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION PATRICIA WILLIAMS, Case No: CGC-12-526187 Plaintiff, EXHIBITS K THROUGH N TO DECLARATION OF PLAINTIFF’S COUNSEI -VS.- ANNE COSTIN ATTACHING EVIDENCE IN SUPPORT OF PLAINTIFF WILLIAMS’ WYNDHAM VACATION OWNERSHIP, OPPOSITION TO DEFENDANTS’ MOTION WYNDHAM VACATION RESORTS, INC., FOR JNOV AND NEW TRIAL and DOES 1 through 100, inclusive, Defendants. Date: March 10, 2017 Time: 10:00 a.m. Dept.: 306 Judge: Hon. Richard B. Ulmer Complaint Filed: November 16, 2012 Trial Date: October 17, 2016 EXHIBITS K THROUGH N TO COSTIN DECLARATION IN SUPPORT OF OPPOSITON TO JNOV AND NEW TRIALExhibit KIN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION ---000--- PATRICIA WILLIAMS AND STEVE GUTFELD, Plaintiffs, vs. No. CGC-12-526187 WYNDHAM VACATION OWNERSHIP, WYNDHAM WORLDWIDE CORPORATION, ANITA HOWELL, LINDA TANNER, and DOES 1 through 100, inclusive, Defendants. // REPORTER'S TRANSCRIPT OF PROCEEDINGS November 8, 2016 Reported by: Bridget M. Mattos, CSR No. 1141011-816 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘November 8, 2016 1 MR. McINTOSH! Judge, I'm a little confused. ; 2 I'm going to have some designations of Ms. Howell's 3 deposition. 4 THE COURT: Well, you best get busy with that |) 5 because they're going to be playing designations of 6 Ms. Howell here shortly. Okay. So now is the time; 7 today's the day. 8 MR. McINTOSH: But TI notice when you're doing 9 the time reports, I don't seem to be allocated any 10 time. : 11 THE COURT: No. You're within the defense, 12 which we said right at the beginning of the case. You 13. haven't used much time. You've used less than 14 five minutes, according to my calculations, so it's 15 not of the moment. 16 MR. McINTOSH: All right. Thank you, Judge. 17 THE COURT: So if you want designations from 18 Ms. Howell, they needed to have been done. They're 19 actually due when the trial starts, but if they're not 20 done when the trial starts, it is what it is, to use 21 the tripe phrase of the day. 22 MR. McINTOSH: I was still hoping Ms. Howell 23. would appear. Thank you, Judge. 24 THE COURT: We were told yesterday by your -- 25 Ms. Rico Smith -- partner or associate, that she Page 8 Bridget Mattos & Associates (415) 747-871011-8-16 REPORTERS TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 THE COURT: Mr. McIntosh? MR. McINTOSH: No, sir. THE COURT: How were you to be evaluated? THE WITNESS: I was given a performance review that evaluated my time there, went over all different aspects of my performance. That's the official evaluation that I received. THE COURT: Follow up, Mr. Dolan? MR. DOLAN: No, thank you. THE COURT: Mr. Mullin? MR. MULLIN: Nothing, Your Honor. THE COURT: Mr. McIntosh? MR. McINTOSH: Nothing, Your Honor. THE COURT: Why did you seek this job? THE WITNESS: I was -- I have a background in human resources, and it seemed like an interesting job to work for a vacation ownership. That seemed, for lack of the exact right word, like a fun type of position. And I am a generalist in HR, I don't want to specialize in recruiting or compensation. I like the generalist aspect of HR, so the position seemed a good fit for me. THE COURT: Follow up, Mr. Mullin? MR. MULLIN: No questions. THE COURT: Mr. Dolan? Page 20 Bridget Mattos & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 on 4S MR. DOLAN: No, thank you. THE COURT: Mr. McIntosh? MR. McINTOSH: No, sir THE COURT: Was there a timeline of when your employment would terminate; in other words, was it a onetime investigation or a permanent role? I'm going to put it in another question here since they're all related. And I'll hand you the sheet so you can see them. Would there be a possibility of promotion? I put a bracket around the question. THE WITNESS: I'm not sure I understand this question. THE COURT: Why don't you go ahead and take a look at it. Because I think what. the juror is saying is were you hired just to do this investigation, or was it a long term -- is that right? JUROR #4: That's right. THE WITNESS: It was a long-term regular position. I didn't -- I wasn't aware of this issue when I started. THE COURT: Why don't you see the rest of the questions there that are related. THE WITNESS: This was a permanent role, and Page 21 Bridget Mattos & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 Novernber 8, 2016 I would assume, just because it's -- in any job, or most jobs, there would be a possibility of promotion. ; I thought that going in, I didn't know when. But nothing in particular about this job that would make me think there would be a promotion, just that's the nature of work. THE COURT: Follow up, Mr. Dolan? MR. DOLAN: Q. So the job was supposed to be like a regular job to go, hopefully, for a long period of time? A. That's correct. Q. But you got fired after you kept telling them that they should look into Trish's investigations, right? MR. MULLIN: Objection. Cumulative and argumentative. THE COURT: Overruled. THE WITNESS: That's correct. | MR. DOLAN: Q. And that's why you think you got fired? A. That's correct. MR. DOLAN: Nothing further. THE COURT: Mr. Mullin? MR. MULLIN: I have nothing further. THE COURT: Mr. McIntosh? Page 22 Bridget Mattos & Associates (415) 747-8710J1-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘November 8, 2016 Oo TH oO B® WwW A. March 2010. Q. What was your title when you first became employed at Wyndham? A. Director of human resources. Q. And was it a part of the company's policies that required people who saw what they thought was evidence of fraud to report that? A. Yes. Q. I mean, did you generally understand as an HR person that a complainant should be able to come forward without fear of being retaliated against? A. Yes. Q. Including being retaliated against by looking for reasons to discipline them? A. Yes. i Q. It says, "Managers must diligently look for indications that unethical or illegal conduct may have occurred and report it"; is that right? ! A. Yes. Q. Did you understand that you had an obligation to diligently look for indications of unethical or illegal activity? P A. Yes. Q. Was it ever listed anywhere that trying to gather employees who had witnessed fraud and to Page 65 Bridget Mattos & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘November 8, 2016 Q. And you knew that Anita Howell was the very person that Trish Williams had previously complained about; right? A. Correct. Q. And Mr. Gutfeld sent you an email on Wednesday, November 3rd, at 4:18 p.m.; do you see that? A. Yes. Q. And you did, in fact, receive that email on or around that date? A. Correct. Q. I'd like you to read out loud, if you would, the sentence that Mr. Gutfeld wrote to you that starts off, "Feels Anita and Vilen." A. "Feels Anita and Vilen will tell HR what they told her, but added that they are scared Trish will try and get them fired by possibly filing an anonymous Wyntegrity complaint and other similar omissions." Q. So you were aware, then, as of November 3rd of 2010, that Anita Howell was concerned that Trish Williams was going to make a Wyntegrity complaint about her? A. That they're saying that they're scared of Trish because she's done this before and may do that to them also. Page 72 Bridget Mattos & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘November 8, 2016 Q. Because Trish Williams had made a Wyntegrity complaint before about Anita Howell; correct? A. Correct. Q. About compliance issues; right? A. Correct. Q. And so when you spoke personally, then, with Anita Howell on the phone on November 4th of 2010, one of the things that she told you was that she was concerned because Trish Williams was eavesdropping and listening to her pitch; right? A. It states that in there, yes. MR. DOLAN: Q. And Mr. Gutfeld is telling you at that point in time that he'd informed Trish by phone that she is suspended pending the results of the investigation; correct? A. Correct. Q. Who told him he could do that? Did you tell him go ahead and suspend her? A. That would have been a conversation between Steve, Karen Case, and myself. Q. Right. And so -- but the new guy didn't make that decision on his own now; did he? A. No. Q. And that you made -- you and Karen, the more senior people, made that decision; didn't you? Page 73 Bridget Matios & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 o Un uw 24 25 A. Yes. Q. So if you look then at Exhibit Number 23, you have an email at November 4 at 5:28 p.m.; do you see that? A. Yes. Q. And at that point, you're telling -- a person in San Francisco is being terminated; right? "We are terming a salesperson in San Fran." Do you see that? A. Yes. Q. And you specifically identify the person as Patricia Williams; correct? A. On Friday, November 5th, yes. Q. And so she was suspended and terminated on the same day; right? A. No, incorrect. Q. Oh, okay. Well, if you look here at Gutfeld, on November 4 of 2010, at 2:27 p.m., it says, "Kimberly, I informed Trish by phone that she is suspended pending the results of our investigation." Do you see that? Yes. That's November 4 at 2:27 p.m.; correct? Correct. Mm-hm. ov OP And then you have November 4, at 5:28 p.m., Page 74 Bridget Mattos & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘Novernber 8, 2016 N 24 25 So my understanding is we're going to move on to defendants' clips from the Barber deposition; is that correct? MR. BENNETT: Yes, Your Honor. THE COURT: You may proceed. (Video playing.) MR. BENNETT: Q. Ms. Barber, what were your responsibilities for Wyndham Vacation Ownership as the director of human resources in the Las Vegas office in the summer of 2010? A. In 2010, I was responsible for the Las Vegas area for sales and marketing, and also I had responsibility -- they changed during that summer. At one time I had, like, Colorado and other resorts there. I did not have California, but then sometime in that summer, it flip flopped and I regained responsibility for San Francisco, for Oceanside, and also for Harbor Lights. Q. And you said the Las Vegas area, what was in the Las Vegas area in about the summer of 2010? A. Grand Desert. We had a property over at Harrah's, and then we were starting to go to some other locations throughout the Las Vegas area. Q. So as the director of human resources for WVO in the summer of 2010, what sites or resort properties Page 93 Bridget Mattos & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 an ow were you responsible for? A. I had the Las Vegas Grand Desert. I had Las Vegas Harrah's, we had a property there. I had Canterbury in San Francisco. I had Oceanside, which is in California. And I also had Harbor Lights. Q. And where is that located? A. In California. Q. Did you have a human resources person who was physically present at the San Francisco property in the summer of 2010? A. In summer of 2010, no, we did not. Q. So how would you have to cover HR issues that may have arisen in the Canterbury property in San Francisco in the summer of 2010? A. That position was vacant at the time, so I was flying back and forth and taking care of issues either in person, by email, or over the phone. Q. Did you make efforts to hire somebody who would be an HR person for the San Francisco property in the summer of 2010? A. Yes. Q. What efforts did you undertake? A. Went through the usual posting and then interviewing process. It wasn't just for responsibilities for Canterbury, it was also Page 94 Bridget Mattos & Associates (413)747-87101-816 REPORTER'S TRANSCRIPT OF PROCEEDINGS « Tri] Day 15 7 November &, 2016 1 told by counsel for both sides that you should eat a 2 light breakfast, if any, tomorrow morning because 3 breakfast treats are going to be provided for you here 4 in court coming from both sides. 5 Your next witness, please, Mr. Dolan. 6 MR. DOLAN: Yes, Your Honor. I call 7 Ms. Marty Whitney to the stand. 8 THE WITNESS: I'ma little slow people. I 9 have a broken tow. 10 THE COURT: All right. Why don't you come 11 through behind the wooden rail, if you would. Raise | 12 your right hand and the clerk will swear you in. 13 Witness sworn. 14 THE CLERK: Please state your first and last 15 name and spell it for the record. 16 THE WITNESS: First name is Marty, M-A-R-T-Y. ; 17 Last name is Whitney, W-H-I-T-N-E-Y. 18 THE CLERK: Thank you, ma'am. 19 DIRECT EXAMINATION BY MR. DOLAN 20 MR. DOLAN: Q. Would you like a glass of 21 water? 22 A. I'm fine. Thank you very much. : 23 Q. Ms. Whitney, can you please tell the jury 24 what your current occupation is? 25 A. I'm retired. Domestic goddess. I get to Page 159 Bridget Mattos & Associates (415) 747-8710{1-816 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15, ‘Novernber 8, 2016 WN RB ~ stay home. Q. Domestic goddess? A. That sounds good. Q. And before you were a domestic goddess, who was your employer? A. Wyndham in San Francisco. Q. At any particular location? A. I'm sorry. One after that would have been Shell Vacation Club in San Francisco at the Donatello. Q. So your last employer was Shell Vacation Club at the Donatello? A. Correct. Q. And were you there when it was bought by Wyndham? A. No, no. I léft right before it was bought out. Q. And did you leave voluntarily or involuntarily? A. I left voluntarily. Q. Before that you did work for Wyndham San Francisco? A. Yes, I did. Q. And where -- at what location, please? A. That would be at the Canterbury in San Francisco. Page 160 Bridget Mattos & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘November 8, 2016 of your deals; didn't you? A. On some of my deals, yes. Q. Well, ma'am, we just saw where you said that half of your deals were closed by Anita and you admitted that. Right? A. Some of them were closed by Anita. Some were closed by Vilen and some were closed by Neal. Even Trish closed one of my deals. So I wouldn't say half. A good many, yes. Q. Ma'am, we just heard that you said half; right? A. I was in a conversation. Okay. Half. Q. Okay. A. You can go with whichever you want, Q. Okay. Not what I want, matam. I'm just trying to -- that was your words; right? A. All right. MR. BENNETT: Objection, Your Honor, misstatement. But it's in the record as to whose words. THE COURT: You can handle it on your examination. MR. BENNETT: Yes. MR. DOLAN: Q. So let's go back to where you go to Mr. Franco. You're in his office. You've told Page 193 . Bridget Mattos & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 him that Anita has pitched buybacks to the Crooks fraudulently; correct? A. Correct. Q. And when you said that to him in his office, he told you to keep your mouth shut or you'd be fired; didn't he? A. Yes, he did. Q. And he told you, we here in San Francisco are a sales machine and it just doesn't matter; isn't that | what he said? A. You're a sales machine and this is -- Wyndham is a sales machine and this is the sales floor. Q. All right. And that's right after he told you to shut your mouth or he'd fire you; right? A. Yes. Q. And you felt at that moment that Mr. Franco, who was the -- what is he now? -- vice president of sales and marketing for San Francisco was placing profits above ethics; didn't you? A. Yes. Q Now, Anita was in that room with you; right? A. She was. Q And after you were told to keep your mouth shut or you would be fired -- MR. DOLAN: Let's just play this, if we Page 194 Bridget Mattos & Associates (415) 747-871011-816 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 could, please, since we have it. If we could please start with 144, Line 24 through 145, Line 22. THE COURT: You may proceed. (Video playing.) Q. MS. COSTIN: Q. And where were you when you made this report to Mr. Franco that Anita Howell had been unlawfully pitching buyback? In his office. In Mr. Franco's office? A Q A. Yes, which would have been Tara Dow's office. Q And was anyone else there? A Yes. Vilen was there and Anita was there. Q. And so you essentially told Mr. Franco in front of Anita that Anita had been making a misrepresentation to a salesperson? A. I was called into the office because I didn't want the Crooks to come in, and that's when I was told keep my mouth shut or I'd be fired. Q. And did Anita Howell say anything during this meeting? A. No. Q. Did you feel like Jose Franco -- A. Waita minute. She did say something. She said that "I can say whatever I want as long as I don't put it in writing. That's why Wyndham has good Page 195 Bridget Mattos & Associates (415) 747-871011-8+16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘November 8, 2016 24 25 lawyers." Q. That was a statement that Anita Howell made? A. Yes, she did. (Video concluded.) MR. DOLAN: Q. Okay, ma'am. So in front of the vice president for sales and marketing and your friend Vilen, Anita Howell said she could say whatever she wanted because Wyndham had good lawyers; right? A. Correct. Q. And did you interpret that to mean that she could go on doing her fraudulent behavior and she didn't need to worry about it because then the lawyers would come in and defend her? Is that what you understood? A. I understood as long as she didn't put anything in writing, she could say what she wanted. Q. So did she tell you that? A. In so many words, yes. Q. Did she tell you that as long as she didn't put it in writing, that people who would complain about her fraudulent activities would have nothing to stand on? A. She said as long as she doesn't put it in writing, that's okay. She can say what she wants. MR. DOLAN: May we please play 145/21 through Page 196 Bridget Mattos & Associates (415) 747-87101L-8+16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 1 A. No, they hadn't been sold again. They were : 2 about to be sold again in June. | 3 Q. Well, ma'am, why didn't you tell me about 4 that in your deposition, this whole thing about Tara : 5 Dow putting something into the contract so they'd / 6 never be sold again? Why didn't you do that? 7 MR. BENNETT: Objection, Your Honor, assumes ' 8 a question was asked that would have elicited that. ' 9 THE COURT: Sustained. ' 10 MR. DOLAN: Q. Well, ma'am, I didn't ask you 11 whether she did it now. I didn't ask you if she put ; 12 something like that in the contract; you volunteered ! 13 it. 14 A. I volunteered it because it's the truth. You 15 know, when you go for a deposition, afterwards you 16 think of things. I'm only telling you the truth. You 17 can take it for what it's worth. 18 Q. And, ma'am, you were told that -- when your 19 deposition started, that if you read -- you get an 20 opportunity to read your deposition; right? 21 A. Yes. 22 Q. And that if you read your deposition and you 23 thought something needed to be changed, you could do ; 24 that; right? 25 A. You could change it. I wasn't changing Page 242 Bridget Mattos & Associates (41S) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 24 25 anything. This was just adding to it. I didn't -- Q. Okay. A. I'm just telling you the truth. Take it where it is. Q. Okay. I just want to follow along my train of thought here. A. Okay. Follow. Q. You're telling me that after your deposition, this came to you; correct? This thing about Ms. Dow -- A. It didn't come out of the air, it did happen. Q. But it came to your mind. You suddenly remembered this? A. Yes, I did. Q. But when you had that opportunity to review your deposition, you didn't bother to write that down? A. No. MR. BENNETT: Same objection, Your Honor. THE COURT: Overruled. MR. BENNETT: It assumes it would have been responsive to a question. THE COURT: Overruled. MR. DOLAN: Q. So you'd been talking to Wyndham's lawyers, haven't you? A. I've been talking to Angel, yes. Page 243 Bridget Matios & Associates (415) 747-871011-8+16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 Q. Angel, the fellow sitting in the back? 1 2 A. Yes. 3 Q. Okay. Dylan Carp, that fellow sitting right 4 there, did you talk to him, too? 5 A. Yes, I have. 6 Q. Okay. You talked to another lawyer of 7 theirs; didn't you? 8 A. No. 9 Q. You didn't? 10 A. No. I met -~ at the deposition I met Anita's 11 lawyer, that one sitting over there. 12 Q. Okay. And prior to coming to this trial 13 today, when was the last time you spoke to one of 14 Wyndham's lawyers? 5 A. That would be Sunday. 16 Q Sunday when? Sunday last? 17 A This past Sunday at 2 o'clock. 18 Q. Oh, okay. So where did that happen? 19 A At their office. 20 Q So you went down to the defendants' office 21 last Sunday to sit down and talk to them before you 22 came in here to testify? 23 A. Yes, to go over how this would all work. 24 Q. To go over questions that you might be asked? 25 A. They didn't go over any questions I might be Page 244 Bridget Mattos & Associates (415) 747-8710118-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November & 2016 oy OF oW B® wD asked. They had just said read over your deposition. And they said how the courtroom would work, and the jury would be here. Q. How long did they tell you to read your deposition, court would be like, juror would be over here? How long did you spend doing that with them? How many hours? A. Hour and a half, two hours. Q. Took an hour and a half to two hours to go over that little thing you went over in 10 seconds? A. We read over the deposition, yes. Q. So you walked through your deposition with them; right? A. Yes. Q. They prepared you to be a witness here at trial; isn't that right? A. We went over the deposition. If that's what you call being prepared, yes. Q. Well, they told you where you'd sit, how to look at the jury; right? To look at the jury, yeah. Yeah. They told you to look at the jury? Yeah, look at you. Look at me, yeah? > op OP That's it, yeah. Page 245 Bridget Mattos & Associates (413) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 won 24 25 Q. Okay. So they coached you on how to be a good witness? A. If that's being told to be coaching, if that's the word you want to use, okay. Q. Now, ma'am, you had sued this company before for fraudulent activity and wrongfully terminating you; right? A. No. Q. No? A. I wasn't wrongfully terminated. Q. What did you sue them for? A. For sales fraud. i Q. Did they defraud you? Did they defraud you, ma'am, such that you were suing them for fraud on you? A. I don't know what you mean by did they defraud me? Q. Well, I -- you just said that you sued Wyndham, whose lawyers sat with you and coached you, for sales fraud. Did they defraud you? A. I still don't understand. Okay. I'm sorry. Perhaps I'm -- Did they defraud me? Yes, ma'am. Did they lie,to me? oP 0 RP 0 Why did you sue them for sales fraud? Why Page 246 Bridget Mattos & Associates (415) 747-871011,8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘November 8, 2016 did you sue them for sales fraud? Did they defraud ' you? A. Did they defraud me? I don't understand what you mean by "did they.defraud me." I sued Wyndham. I didn't sue their lawyers. I sued Wyndham for having to constructively discharge myself. oO. There you go. So you sued them for wrongful termination; right? A. Yes. Q. Okay. So you didn't sue them for sales fraud. You sued them because you claimed that they had fired you -- A. I wasn't fired. Q. Matam, please let me finish my questions. So you sued them because you felt that they had fired you because‘you had no alternative but to constructively discharge yourself; correct? A. I had no alternative but to constructively discharge myself, correct. Q. Because it was your allegation that you would have to commit fraud in order to continue working there and be successful; right? A. Correct. Q. So this company that you had sued because they had forced you to either commit fraud or quit, Page 247 Bridget Matios & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘November 8, 2016 nm Wd they were represented by these here lawyers over here; weren't they? A. lawyers, Q. A. Q. Wyndham. adverse to them? You were suing them to get money; right? A. Q. A. Q. switched sides, didn't you, and started meeting with them? A. Those are the lawyers I know to be Wyndham's yes. Yeah. And they deposed you; didn't they? Yes, they did. So at some point in time you were adverse to Would you agree with me that you were Yes. Pardon me? Yes. But then at some point in time you kind of I don't switch sides for anything. I met with -- deposed by your attorneys here, too, so... Q. And, ma'am, you didn't meet with our attorneys for an hour-and a half on Sunday before you came in here -- 0 » 0 > No. -- to be coached; did you? No. You didn't meet with our attorneys before you Page 248 Bridget Mattos & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘November 8, 2016 1 were deposed, did you? 2 A. Before I was deposed? No. 3 Q. But you did meet with Dylan Carp and you met 4 with Angel before you were deposed; right? 5 A. I had a meet and greet with Angel, and I met 6 with Dylan in 2015. Q. For about an hour and a half then, too; 8 right? 9 A. If you put it altogether, it would be an hour 10 and a half. Maybe an hour and 15 minutes. An hour 11 with Dylan in 2015 and about 15 minutes with Angel. 12 Q. And then about an hour and a half on Sunday? 13 A. Mm-hm. 14 Q. Is that right? 15 A. That's correct. 16 Q. The lawyers for the company that you sued for 17 constructively wrongfully discharging you; right? 18 A. Correct. 19 Q. You decided for some reason that you were 20 going to go over, meet with them, and then come be 21 their witness; right? 22 A. I'm nobody's -- I'm not your witness and I'm 23 not theirs. I'm just here to tell the truth. 24 Q. Then why did,you spend a total of three hours 25 with these lawyers who represented the people you Page 249 Bridget Mattos & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 1 sued? 2 A. They asked me. 3 Q. They asked you what, to come talk to them? 4 A. At which time? They asked me to come in 5 before the court hearing today, yes. 6 Q. No, ma'am. When you first spoke to them a 7 couple years ago, when was it when you first started 8 meeting with their lawyers about this case? 9 A. They called me and asked me -~ they wanted to 10 talk to me about the case and that would be Dylan, in 11 2015, I believe it was in summer. , 12 Q. Well, ma'am, if you'd had a lawyer when you 13 were suing them, right? 14 A. Yes. 15 Q. And then at some point in time your lawsuit 16 ended? 17 A. Yes. 18 Q. Because you settled it? 19 A. Yes. 20 Q. Now, let's just talk about that for a minute. 21 Trish didn't settle her case at the time you settled 22 yours; did she? 23 A. No, she did not. 24 Q. But there were a group of you that settled 25 with Wyndham; correct? Page 250 Bridget Mattos & Associates (415) 747-8710{1-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘November 8, 2016 wD 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Correct. QO. And isn't it true that you thought that if Trish had settled along with you, you would have got more money? A. Could be and could not be. More possibly could, but it didn't matter to me what she did. You know, it didn't interfere with my life. Q. Okay. Ma'am, could be, could not be, more possibly would be? A. I'm not sure. You know, that would be like a crystal ball. MR. BENNETT: Objection. It does call for speculation, Your Honor. THE COURT: There's not a pending question right now. MR. DOLAN: Q. Now, ma'am, isn't it true that Trish's decision not to resolve her case had a financial impact on the rest of the group that resolved the case? MR. BENNETT: Objection, Your Honor, asked and answered and speculation. THE COURT: Overruled. THE WITNESS: Am I supposed to answer? THE COURT: When I overrule, you're supposed to answer. Page 251 Bridget Mattos & Associates (415) 747-871011-8+16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 THE WITNESS: I'm sorry. You want to do the question again? THE COURT: Why don't you read it back please, Bridget. (Record read.) THE WITNESS: I would believe it would. MR. DOLAN: Q. Well, actually, you believe it did; right? A. I believe it -- okay. I believe it did -- ' Q. Okay. A. -- somewhat, but -- Q. So Trish told you she didn't want to settle her case, she wanted to go to court; right? A. She wanted a jury trial and go to court, yes. Q. She said she wanted to expose this fraud to a jury; correct? A. She said she just wanted to go to court and have a jury trial. Q. Right. You didn't; did you? A. No, I didn't want to handle it -- take it that far, no. Right. I could have, but I didn't want to. You what? pop © Could have, hut I didn't want to. Page 252 Bridget Mattos & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘November 8, 2016 1 Q. So you didn't want to go the distance, but 2 she did? / 3 A. Apparently. We're here, yeah. 4 Q. Okay. So because she wouldn't go along and 5 settle her case, it impacted you financially, yes? 6 A. You would think so, yes. But it did not 7 impact me financially. I'm pretty well off. | 8 Q. They wanted you to all resolve it together; : 9 right? 10 A. Although they were both -- had different 11 lawsuits, yes, they did want it all resolved together, } 12 I do believe. ; 13 MR. BENNETT: Objection, Your Honor. Getting 14 very close, if not already, at an MIL ruling. 15 MR. DOLAN: I'm moving. 16 THE COURT: I don't think so. 17 MR. DOLAN: Thank you. 18 MR. DOLAN: }. So you think she cost you 193 some money by not settling, and then you went over and 20 you started talking to the defense lawyers; right? 21 That was after that; right? 22 A. It was -- they came to me, I didn't go over 23 to them. ) 24 Q. It was after you -- : 25 A. I-- Page 253 Bridget Mattos & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘November 8, 2016 Q. Pardon me. I interrupted you. THE COURT: You may finish your answer if you had more to add. THE WITNESS: Dylan Carp contacted me by phone and asked me. MR. DOLAN: Q. Okay. Ma'am, it was after you felt that you had suffered financially because Ms. Williams would not go along and settle with you that you began talking to Wyndham's lawyers; right? A. They called me and it was after -- yes. She didn't settle, but financially she could do what she wanted to. Q. Okay. Very -- A. Didn't impact my life what she did. MR. DOLAN: Move to strike as nonresponsive, Your Honor. I had a very specific question. THE COURT: Granted. MR, DOLAN: Q. Ma'am, it was after you felt that she had cost you some money that you started talking with Wyndham's defense lawyers about Trish; right? A. It was after the case, yes. QO. Weren't you pissed off at Trish for costing you money and that's why you went over to the other side? Page 254 [Bridget Mattos & Associates (415) 747-871018-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 No. No? Absolutely not. You were just being a good samaritan? POF O » I'm telling the truth. They asked me what I knew about the case, and I told them. Q. And isn't it true that -- A. I am a good Samaritan, come to think of it. Yes, Iam. Yes. Q. Isn't it true that you thought Trish had stood in the way of you maximizing your financial result by suing Wyndham? / A. No. QO. No? Okay. A. It's not true. Q. Why in God's name would you go and start working with the defendants of a company that was ripping off elder people? A, I did not -- MR. BENNETT: Objection, Your Honor, argumentative. THE WITNESS: You know -~ THE COURT: It would have been a good objection at the time. The answer is? Page 255 Bridget Mattos & Associates (415) 747-87101L-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 a oa ~ THE WITNESS: You want me to answer? Read the question back, please. THE COURT: No. Why don't you give it again. THE WITNESS: Give it to me again. THE COURT: In less florid language. MR. DOLAN: Qkay. MR. DOLAN: Q. Why would somebody who sued these people for elder fraud and abuse, suddenly go over and start talking to them for hours about Trish if you weren't pissed off at Trish? A. I was not pissed off at Trish. They asked me what I knew about the case, and I told them everything I knew. Just as if you had come to me and asked me, I'd tell you everything I know because I don't lie. I just told them everything I knew, the facts as I knew them, so the jury can make an intelligent decision based on the truth and facts. Q. But you thought this company was an elder abuser; right? A. I didn't say the company. No. Wyndham is a large company. It's not their fault they have some ding-dongs in different places working for them. MR. BENNETT: Move to strike as nonresponsive, Your Honor. MR. DOLAN: She threw it out there. Page 256 Bridget Mattos & Associates (415) 747-8710118-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 THE COURT: Overruled. MR. BENNETT: It wasn't responsive. MR. DOLAN: Q. Did you understand that they represented Anita Howell? MR. BENNETT: Objection, Your Honor. Assumes facts and calls for a legal conclusion. THE COURT: "They" is who? MR. DOLAN: Q. Did you understand that the lawyer sitting down there at the end, that they had a lawyer who was representing Anita Howell? MR. BENNETT: Same clarification from the bench, Your Honor. Who's "they"? MR. DOLAN: Q. Did you understand that Ms. Howell had a lawyer defending her? A. I didn't then, but yes, later I did. Q. Did you understand that Ms. Dow was being sued, too? A. No. MR. BENNETT: Objection, Your Honor, assumes facts. THE WITNESS: I didn't know that. THE COURT: Overruled. MR. DOLAN: Q. Did you sue Ms. Dow? A No Did you sue Ms. Tanner? Page 257 Bridget Mattos & Associates (415) 747871011-816 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 21 22 23 24 25 A. I think she was on the -- when we had the lawsuit combined before we split for the three weeks, I think she was named; yes, Linda Tanner was named. Q. Do you know Linda Tanner still works at that company? A. Yes, I believe she does. Q. So you'd sued the company, you sued Linda Tanner, they represented Linda Tanner and the company, you don't get what you want financially because of Trish, and then you start working with them? MR. BENNETT: Objection; asked and answered, Your Honor. THE COURT: Overruled. : MR. BENNETT: Getting argumentative. THE COURT: Overruled. MR. DOLAN: Q. Right? THE WITNESS: Oh, that means I answer? THE COURT: Yes? MR. DOLAN: Q. Yes. A. I'm not working with anybody. They asked me what I knew, and I even told Trish that -- you know, I will tell the truth. Q. You have a pretty busy and happy life; right? A. I certainly do. : Q. Retired? Page 258 Bridget Mattos & Associates (415) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Tria} Day 15 November 8 2016 A. Yeah. Domestic goddess, keep the house. Don't get paid for it, though. Q. Okay. Being a domestic goddess is a pretty | busy schedule? | A. Pretty busy schedule with my animals and my husband and doing sports and everything. Q. And do you rémember that you indicated that part of why you settled was you wanted this whole thing behind you. You just wanted to be done with it; right? A. True. QO. Then why did you go and start talking to them and stay in it? A. They started talking to me. Q. And you listened? A. No. They asked me what I knew, and I told them what I knew. Q. Did you go to their offices? You took time out of your day to go to their offices; right? MR. BENNETT: Objection, Your Honor. Now it is certainly asked and answered and argumentative. THE COURT: Overruled. THE WITNESS: I went to their office that one time to meet and greet, yes. And that would be in 2016. Page 259 Bridget Mattos & Associates (415) 747-8710118-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 ‘November 8, 2016 1 MR. DOLAN: Q. What about when you met with 2 Dylan? Where did that happen? 3 A. That happened at Starbucks down from my 4 house. 5 Oo. Didn't you communicate if you had to settle 6 for that small amount, you were going to be a witness 7 for Wyndham against Trish? Didn't you say that? 8 THE COURT: All right. So I don't want you 9 to say what the amount was. The question does not 10 call for that response. 121 MR. DOLAN: @. Don't want an amount, but 12 isn't it true that you stated that if you had to take 13 less money, you would be a witness against Trish? 14 MR. BENNETT: Objection, Your Honor. This 15 goes to two of Your Honor's motion in limine rulings. 16 THE WITNESS: No. 17 THE COURT: It does not. We talked about 18 this earlier today. 19 MR. DOLAN: Q. Isn't that true, ma'am? 20 A. I don't recall ever saying that. 21 Q. Do you deny it, or you're just saying I can't 22 recall? 23 A. I can't recail, but I think I'm denying that. | 24 I don't think I said that. 25 Q. You think you are, or you are? Under oath, Page 260 Bridget Mattos & Associates (415) 747-87101 1-8+16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 NoR w 24 25 are you denying that? A. I believe I am. That small amount? I don't recall ever saying that. Q. Okay. Let me ask you some other -- we'll just sort of change gears a little bit. Let's talk about this lunch discussion that happened. Are you aware that Ms. Williams was ultimately terminated for the events that arose out of a meeting on October 30th, on a Saturday, at the table? , A. I was not aware until Trish told me that. Q. Okay. You're aware now? A. That seems to be -- I -- I assume so, yes, from what I read about it. I was not aware of that, no. Q. What do you mean, "from what I read about it"? A. Well, I've read some of -- about it. I don't believe until Trish told me that October 30th meeting was trying to get her fired. Q. And when did Trish tell you? A. That there was the October 30th meeting. She thought it was Vilen, me, Susan, Anita, that -- not Susan -- that ultimately got her fired. Qe Ma'am, the question was: When did you first Page 261 Bridget Mattos & Associates (415) 747-87101-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2015 A. I assumed he got it -- I just assumed. No, I did not ask him where he got the information. Q. You came to some assumption, what was that? MR. BENNETT: Objection, Your Honor, no foundation. THE COURT: Overruled. THE WITNESS: That he got it from Tara Dow. MR. DOLAN: Q. Okay. Now, ma'am, when you were meeting with the'lawyers from Wyndham, they showed you a Wyntegrity complaint that Ms. Williams had filed with your name in it; didn't they? A. No. I think I saw that in the deposition, when I went for the deposition, I believe. MR. DOLAN: I'd like to play from her deposition -- THE WITNESS: Dylan Carp told me about it, but I never saw it. MR. DOLAN: Q. Okay. So Dylan Carp told you that Trish had made a Wyntegrity complaint that accused you of fraud? A. He said yes; .and she made it in November 2010. Q. Okay. So the lawyers for Wyndham told you that Trish Williams had filed a complaint of fraud that involved you committing fraud? Page 263 Bridget Mattos & Associates (415)747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 Mm-hm. Pardon me? po > Yes. QO. And you like that? Was that a good feeling to hear that? A. Didn't matter to me because it wasn't true. Q. Didn't matter to you at all? A. No. Because to me you have to prove it, and there's no way to prove I ever committed fraud because I never did. Q. Linda Tanner, did you two have any type of conflict, open conflict, disagreement? A. Not that I'm aware of. Q. No reason to believe that she's going to lie about you; right? A. I wouldn't think so. Q. Okay. Are you aware that she sat there -- pardon me. Did the lawyers, when they met with you on Sunday, tell you that she sat right there on that stand and said she'd heard you talk about pitching ; buyback? A. No, they never said that. I never knew it until you just said it, and that's not true. I never pitched buyback. Page 264 Bridget Matios & Associates (415) 747-871011-8+16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 Novernber 8 2016 wn ” (Video concluded. ) MR. DOLAN: Q. Okay. Ma'am, just a moment ago you told us it was in July. A. I said -- Q. Did she tell you a second time in July? MR. BENNETT: Objection, Your Honor, misstates the testimony of the witness. THE COURT: Overruled. THE WITNESS: I just said I wasn't sure. It could have been in -- I just told you it could have been March. It could have been in June. I don't recall. MR. DOLAN: Q. Okay. How many times did she tell you that she sold her soul to the devil? A. Once. QO. How many times did she tell you that she could get anybody she wanted fired? A. Once. Q. So the one time you ever heard a person who was working at Wyndham say I can get anybody fired I want to, it was Anita? A. Anita said that, yes. To me. Now, the complaint that you became aware of that was made against you in November 29th, 2010, where it said that you were engaged in unethical sales Page 320 Bridget Mattos & Associates (AIS) 747-871011-8-16 REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 15 November 8, 2016 Ww nN 4 State of California . ) County of Marin ) I, Bridget M. Mattos, hereby certify that the said proceedings were taken at the time and place herein named; that the proceedings are a true record of the testimony as reported to the best of my ability by me, a duly certified shorthand reporter and disinterested person, and was thereafter transcribed under my direction into typewriting by computer. I further certify that I am not interested in the outcome of said action nor connected with or related to any of the parties in said action nor to their respective counsel. IN WITNESS WHEREOF, I have hereunder subscribed my hand on November 15, 2016. BRIDGET M. MATTOS, CSR NO. 11410 Page 327 | Bridget Mattos & Associates (415) 747-8710Exhibit LIN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION -7-000--- PATRICIA WILLIAMS AND STEVE GUTFELD, Plaintiffs, vs. No. CGC-12-526187 WYNDHAM VACATION OWNERSHIP, WYNDHAM WORLDWIDE CORPORATION, ANITA HOWELL, LINDA TANNER, and DOES 1 through 100, inclusive, Defendants. // REPORTER'S TRANSCRIPT OF PROCEEDINGS . November 9, 2016 Reported by: Bridget M. Mattos, CSR No. 11410REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 16 November 9, 2016 before you did? A. "Yes. Q. “How was it that you met Jim White? A. "He came to work at Williamsburg. Q. "What was his position? A. "He was the vice president. Q. "All sales, in-house and front line? A. "Yes. Q. “Was he your boss? A. "Yes. Q. "Was Mr. White your boss when you were out ‘in California? A. "Yes. Q. "Was he the one you would report to directly? A. "Yes. Q. "When did you first start working with Anita Howell? A. "I don't a hundred percent recall. Q. "Can you tell me where it was? A. "Williamsburg. Q. "While working in Williamsburg was there ever a time period in which you were aware that there was some concern by management of there being a potential compliance issue relating to rentals, Page 242 Bridget Mattos & Associates (415) 747-8710REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 16 November 9, 2016 whereby management sent her out a letter? A. "Yes. Q. “What issues did you understand could be created as it related to the issue of endorsing or promoting a rental company? A. "That's against policy. Q. “What was the policy? A. "You don't endorse any company. Q. "Any time that you were in Williamsburg up and through when you went to San Francisco, was your husband involved in a timeshare rental business? A. "I respectfully decline to answer that question. Oo. “Why was it that you moved to California? A. "To take the VP position. Q. "So the vice president had the ultimate responsibility for the site? A. "Site, yeah, versus just the sales people. Q. "Do you know if that VP position had recently become available and open? A. "Yes. Q. "And did you have any understanding as to whether there had been any type of major overhaul -- A. "Yes. Page 243 Bridget Mattos & Associates (415) 747-8710REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 16 November 9, 2016 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. staff. Q. A. Q. A. related. Q. time period, A. Q. before you moved to California? A. Q. A. Q. Williamsburg? A. Q. A. Q. you recommended her for rehire to the Canterbury -- "of the San Francisco office? "Yes. "And what was your understanding? "That they had to let go of most of the "Did you ever hear -- "They had to rebuild. "Did you ever hear why? "I don't know the specific but compliance "You moved out to San Francisco in what do you remember? "June or July of '10. "And had‘you known Ms, Williams at all "Yes. "How did you know her? "From Williamsburg. "In what way did you know her from "She worked there as a sales rep. "Were you her boss in Williamsburg? "Not directly, but -- "Were you in California at the time that Page 244 Bridget Mattos & Associates (415) 747-8710REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 16 November 9, 2016 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 position? addition position? A. Q. Francisco? pO Ro > Q. would be the A. Q. o the team?’ “Yeah, I had to have been, I would think. “And did you want her on your team? "Sure. "Did you think that she would be a good "Yes. "Hard worker? "Sure. "Good at sales? "Mm-hm. Yup. "Did Anita perform well in the sales "Yes. "Was Anita the top seller in San "Yes. "Consistently? "Yes. "And she was outperforming the others? "Yes. "So people who had the highest sales top. of the rotation, wouldn't they? "Yes. It's based on your APG. "What is 'APG'? Page 245 Bridget Mattos & Associates (415) 747-8710REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 16 Novernber 9, 2016 24 25 A. "Average per guest. Q. "So that's based upon the number of guests -- pardon me. An APG is determined by the total amount that you brought in divided by the number of guests that gives you an average per guest; correct ?? A. "Yes. Q. “And if your sales were high per guest, then you would at the top of the chart, number 1; correct ?? A. "Yes, unless you wrote a deal. Whoever writes the deals goes out first the next day. Q. “And therefore, wasn't it known that it was desirable to be at the top of the list, as far as rotations went for the next day? A. "Sure. Q. "Now, did you have the ability, if you wanted to, to move somebody either up or down on the rotation if you either wanted to, say, oh, you've been doing a really good job I'm going to put you up towards the top of the rotation or was it locked in that you couldn't move somebody outside of the system? A. "No, you don't mess with the rotation. Q. "Why not? A. "I mean, that's bad for morale. Page 246 Bridget Mattos & Associates (415) 747-8710REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 16 November 9, 2016 Q. "To your knowledge, did anybody ever inform you that Ms, Williams had made a complaint that she thought that you had moved her on the tour rotation list as an act of retaliation? A. "I don't recall that. Q. "So something you think you would have remembered had they come to you and said that? A. "I would think I would have, but -- I don't recall anything about rotations and retaliation. Q. "I'm going to show you what has been marked as Exhibit No. 3, Wyndham Resorts' sales compliance practices. Do you see that? A. "Mm-hm. Q. “And did you receive training on the sales compliance practices at Wyndham? A. "Yes. Q. "Did you also train people on these sales compliance practices? A. "Some. Q. "As the vice president of the San Francisco branch did you have an understanding that you had to make sure that these compliance practices were followed? A. "Yes. Q. "In the San Francisco office were you the Page 247 Bridget Mattos & Associates (415) 747-87 10REPORTER'S TRANSCRIPT OF PROCEEDINGS - Trial Day 16 November 9, 2016 No 13 14 15 16 17 18 19 20 21 22 23 24 25 most senior person there? A. QO. whether there was any policy prohibiting salespeople from stating that the company would buy back timeshares if the people were unhappy? A. Q. A. Q. whether the company had a policy about people making representations as to