On September 08, 2010 a
Motion,Ex Parte
was filed
involving a dispute between
Commonwealth Land Title Insurance Company,
Hwang, Shirley S.,
Fedex Office And Print Services, Inc,
Lum, Winston,
Merchants Bonding Company,
and
Aeschbacher, Bruno,
Afraimi, Morad,
Does 1-25,
Does 1-50,
Emerich, Melvin Lee,
Fedex Office And Print Services, Inc,
Fellmann, Stephen,
Languban, Grachelle,
Lum, Winston,
Lum,, Winston,
Martini & Chnoogle,
Martini & Chnoogle, Inc.,
Megan & Kasi Properties Llc,
Merchants Bonding Company,
M & K Properties, Llc,
Niroula, Kaushal,
Palomino, Elvia,
Replogle, David P.O. Box,
Shah, Jay Chandrakant Ap3101 California Medical Faci Vacaville, Ca 95696,
Hwang, Shirley S.,
for civil
in the District Court of San Francisco County.
Preview
ELECTRONICALLY
F I L E D
Superior Court of California,
County of San Francisco
01/23/2020
Clerk of the Court
BY: YOLANDA TABO-RAMIREZ
Deputy Clerk
EXHIBIT A
EXHIBIT B
EXHIBIT C
· · · · · ··IN THE SUPERIOR COURT, STATE OF CALIFORNIA
· · ·
· · · · · · ··IN AND FOR THE COUNTY OF SAN FRANCISCO
· · ·
· · · · · · · · · · · · · · ·--o0o--
· · ·
· · ·
· · ·
· · ·SHIRLEY S. HWANG,
· · ·
· · · · · · · · ··Plaintiff,· · · · · · ··No. CPF-516411
· · ·
· · · · · ·vs.
· · ·
· · ·JAY C. SHAH,
· · ·
· · · · · · · · ··Defendant.· · · · · ·/
· · ·-------------------------------------
· · ·
· · ·
· · ·
· · ·
· · · · · · · · · ··EXAMINATION UNDER OATH OF
· · ·
· · · · · · · · · · · · ·CHANDRAKANT SHAH
· · ·
· · · · · · · · · ··VOLUME 11, Pages 76 - 217
· · ·
· · · · · · · · · · ·Thursday, March 28, 2019
· · ·
· · ·
· · ·
· · ·
· · ·
· · ·
· · · · · · · · · · · ·BARLEY & ASSOCIATES
· · · · · · · · ··Certified Shorthand Reporters
· · · · · · · ·2977 Ygnacio Valley Road, Suite 123
· · · · · · · · ··Walnut Creek, California 94598
· · · · · · · · · · · · ··(925) 934-8884
· · · · · · · · ·BarleyAndAssociates@comcast.net
· · ·
· · ·
· · ·
· · ·
· · ·
· · ··REPORTED BY: CHRISTINE BEDARD, CSR #10709
· · ·
· · ·
%$5/(< $662&,$7(6
ĩĩ · · · · · ·BE IT REMEMBERED that, pursuant to Notice and on
ĩĩ ·
ĩĩ ··Thursday, March 28, 2019 at the hour of 10:02 a.m.
ĩĩ ·
ĩĩ ··thereof, at the THE SUNDOWNER INN, 504 Ross Drive,
ĩĩ ·
ĩĩ ··Sunnyvale, California, before me, CHRISTINE BEDARD, a
ĩĩ ·
ĩĩ ··Certified Shorthand Reporter in and for the County of
ĩĩ ·
ĩĩ ··Contra Costa, State of California, there personally
ĩĩ ·
ĩĩ ··appeared
ĩĩ ·
ĩĩ · · · · · · · · · · ·CHANDRAKANT SHAH
ĩĩ ·
ĩ ĩ ·called as a witness by the Plaintiff; who, being by me
ĩĩ ·
ĩ ·first duly sworn, was examined and testified as is
ĩĩ ·
ĩ ·hereinafter set forth.
ĩĩ ·
ĩ · · · · · · · · · · · · ·--o0o--
ĩĩ ·
ĩ · · · · · · · · ··APPEARANCES OF COUNSEL
ĩĩ ·
ĩ ·FOR THE PLAINTIFFS:
ĩĩ ·
ĩ · · ·LAW OFFICES OF GLYNN & FINLEY
ĩĩ · · ·BY:··ROBERT PHELPS
ĩ · · · · ··MORGAN LOPEZ
ĩĩ · · ·100 Pringle Avenue, Suite 500
ĩ · · ·Walnut Creek, CA 94596
ĩĩ · · ·T: (925) 210-2800
ĩ · · ·Email: rphelps@glynnfinley.com
ĩĩ ·
ĩ ·FOR THE DEFENDANTS:
ĩĩ ·
ĩ · · ·LAW OFFICES OF CRAIG BASSETT
ĩĩ · · ·BY:··CRAIG BASSETT
ĩ · · ·25 West First Street
ĩĩ · · ·Morgan Hill, CA 95037
ĩ · · ·T: (408) 779-0007
ĩĩ · · ·Email:··cbassett@garlic.com
ĩ ·
ĩĩ ·
ĩ ·Also Present:··Shirley Hwang
ĩĩ ·
ĩ · · · · · · · · · · · ··---o0o---
%$5/(< $662&,$7(6
ĩĩ ··collect rent, pay mortgage.··So there isn't much
ĩĩ ··accounting.
ĩĩ · · ·Q.··Well, when you talk about collecting rent and
ĩĩ ··paying mortgages, what properties are you thinking of?
ĩĩ · · ·A.··Like, for example, ranch.
ĩĩ · · ·Q.··The Quimby Ranch?
ĩĩ · · ·A.··Quimby Road.
ĩĩ · · ·Q.··So if there's rent for Quimby Road, it comes to
ĩ ĩ ··you, right?
ĩ · · ·A.··It's complicated.
ĩ · · ·Q.··I got plenty of time.··Please explain.
ĩ · · ·A.··It gets distributed, the rent, and Mike Flores is
ĩ ··the manager.
ĩ · · ·Q.··Okay.··So Mr. Flores is the manager.··Is that just
ĩ ··for the Quimby Road property?
ĩ · · ·A.··Yes.
ĩ · · ·Q.··And what is his responsibility as the manager of
ĩ ··the Quimby Road properties, to your understanding?
ĩ · · ·A.··Repair the buildings, monitor the tenants, feed
ĩ ··the horses.
ĩ · · ·Q.··Does he collect the rents?
ĩ · · ·A.··Pardon me?
ĩ · · ·Q.··Does he collect the rents from the tenants?
ĩ · · ·A.··To the best of my knowledge, he does.
ĩ · · ·Q.··When the rents are paid by the tenants at
%$5/(< $662&,$7(6
ĩĩ ··as the number that's listed here on Exhibit 24?
ĩĩ · · ·A.··Yes.
ĩĩ · · ·Q.··Okay.··Mr. Flores has an office here, doesn't he?
ĩĩ · · ·A.··No.
ĩĩ · · ·Q.··Never?
ĩĩ · · ·A.··Never.
ĩĩ · · ·Q.··Okay.··He's used this location as a mailing
ĩĩ ··address for -- for businesses and for properties?
ĩ ĩ · · · · ·MR. BASSETT:··Objection.··Lacks foundation.
ĩ · · · · ·THE WITNESS:··I don't know.
ĩ · · · · ·MR. PHELPS:··Q. Okay.··All right.··How long has
ĩ ··Mr. Flores been the manager for the Quimby Road property?
ĩ · · ·A.··About a year-and-a-half.··I don't know.··Maybe two
ĩ ··years.
ĩ · · ·Q.··Okay.··When you talk about the rental income that
ĩ ··we were discussing --
ĩ · · ·A.··Talk about what?
ĩ · · ·Q.··The rental income for Quimby Road before we took
ĩ ··the break, you gave us round numbers.··Are you able to
ĩ ··break it down any further as to, you know, how much of
ĩ ··the rental income came from which sources?··How much was
ĩ ··for horses, how much was for people living at the house,
ĩ ··et cetera, et cetera.··Can you break it down any further
ĩ ··than the round number?
ĩ · · ·A.··I can try, but I won't be very accurate.
%$5/(< $662&,$7(6
ĩĩ · · ·Q.··Let me ask you, are there any documents that
ĩĩ ··you're aware of, either in your possession or Mr. Flores'
ĩĩ ··possession, that would break down the rental income for
ĩĩ ··Quimby Road?
ĩĩ · · ·A.··To the best of my knowledge, yes.
ĩĩ · · ·Q.··And what would those documents be that would break
ĩĩ ··down the rental income?
ĩĩ · · ·A.··On his computer.
ĩ ĩ · · ·Q.··On -- on Mr. Flores' computer?
ĩ · · ·A.··Yes.
ĩ · · ·Q.··And Mr. Flores keeps those financial records as
ĩ ··your manager for the property, correct?
ĩ · · ·A.··Correct.
ĩ · · ·Q.··So he reports to you on that property?
ĩ · · ·A.··Yes.
ĩ · · ·Q.··If you wanted to see the information on
ĩ ··Mr. Flores' reports, you could call him up and get it,
ĩ ··right?
ĩ · · ·A.··Yeah, but he's very sloppy, yeah.
ĩ · · ·Q.··You would have some question about the accuracy of
ĩ ··the records?
ĩ · · ·A.··Yes.
ĩ · · ·Q.··But would they be the most accurate available?
ĩ · · · · ·MR. BASSETT:··How does he know that?··Object.
ĩ · · · · ·MR. PHELPS:··Q. To the best -- let me ask you a
%$5/(< $662&,$7(6
ĩĩ ··named EZResource?
ĩĩ · · ·A.··I don't know anything.
ĩĩ · · ·Q.··And you didn't know that Mike Flores and Jay were
ĩĩ ··in business together in a business called Investment
ĩĩ ··Property Management?
ĩĩ · · ·A.··Probably, but I don't know for sure.
ĩĩ · · · · · ··(Exhibit 35 was marked
ĩĩ · · · · · · ·for identification.)
ĩ ĩ · · · · ·MR. PHELPS:··Q. Showing you what we've marked as
ĩ ··Exhibit 35, it's an LLC filing with the Secretary of
ĩ ··State for an LLC called Investment Property Management.
ĩ ··Do you see the business address is listed as 504
ĩ ··Ross Drive, correct?
ĩ · · ·A.··Correct.
ĩ · · ·Q.··Is this the first knowledge that you had that 504
ĩ ··Ross Drive was named as the business address for
ĩ ··Investment Property Management?
ĩ · · ·A.··Yes.
ĩ · · ·Q.··All right.
ĩ · · ·A.··I thought Mike was using his home address.
ĩ · · ·Q.··Well, if you look down on item number three --
ĩ · · ·A.··815 Alvarado Avenue.
ĩ · · ·Q.··-- that's his home, correct?
ĩ · · ·A.··Yeah.
ĩ · · · · ·MR. PHELPS:··All right.··So let's make this
%$5/(< $662&,$7(6
ĩĩ · · · · ·MR. PHELPS:··Q. Exhibit 39, Mr. Shah, is another
ĩĩ ··filing, but this is not an LLC filing.··This is a
ĩĩ ··corporate filing for a corporation named EZResource.
ĩĩ · · ·A.··I have no knowledge of this.
ĩĩ · · ·Q.··Okay.··You see that there's Michael Flores that's
ĩĩ ··listed --
ĩĩ · · ·A.··Yeah.
ĩĩ · · ·Q.··-- on this document?··And you know Mr. Flores,
ĩ ĩ ··right?
ĩ · · ·A.··Yeah, of course.
ĩ · · ·Q.··He's your manager at Quimby Road?
ĩ · · ·A.··Yeah, he's my I.T. manager here.
ĩ · · ·Q.··So he works here, as well?
ĩ · · ·A.··He works whenever we have a problem with our
ĩ ··computer or server.
ĩ · · ·Q.··Does he have a regular time that he's here?
ĩ · · ·A.··No.
ĩ · · ·Q.··Just as-needed?
ĩ · · ·A.··When there is a trouble, he's here.
ĩ · · ·Q.··There is a listing here on Exhibit 39 showing
ĩ ··addresses for this corporation, street address being 815
ĩ ··Alvarado Avenue, and you recognize that as Mr. Flores'
ĩ ··home, right?
ĩ · · ·A.··I've never been there.··I don't know.··He never
ĩ ··produces invoice.··That's the beauty of him.
%$5/(< $662&,$7(6
ĩĩ · · ·Q.··It's all done by cash?
ĩĩ · · ·A.··Huh?
ĩĩ · · ·Q.··It's done by cash?
ĩĩ · · ·A.··No, I haven't paid him for five years.
ĩĩ · · ·Q.··Okay.··Do you feel like you owe him money?
ĩĩ · · ·A.··I don't owe him.··If you don't produce invoice, I
ĩĩ ··don't pay.
ĩĩ · · ·Q.··Okay.··Still looking at Exhibit 39, there is, at
ĩ ĩ ··item number six, a mailing address for the corporation of
ĩ ··614 Santa Paula Avenue in Sunnyvale; is that an address
ĩ ··that has any meaning to you?
ĩ · · ·A.··No.
ĩ · · ·Q.··That's not an address or location that you have
ĩ ··any ownership interest in?
ĩ · · ·A.··What are you referring to?
ĩ · · ·Q.··If you look at item six, numbered item six --
ĩ · · ·A.··Yeah, but that's Santa Paula Avenue, Sunnyvale.··I
ĩ ··don't know what that is.
ĩ · · ·Q.··That's not an address that you recognize?
ĩ · · ·A.··No.
ĩ · · ·Q.··And then if you look down still on Exhibit 39,
ĩ ··there's an item for names and complete addresses of all
ĩ ··directors, and the one that's listed at item ten is
ĩ ··Marilyn Flores.··Do you recognize Marilyn Flores as
ĩ ··Mike Flores' wife?
%$5/(< $662&,$7(6
ĩĩ ··Ranch property for you.··Was there a manager before him?
ĩĩ · · ·A.··Yeah, it was.··There were a couple managers there.
ĩĩ · · ·Q.··Do you recall who they were?
ĩĩ · · ·A.··One is Sal.
ĩĩ · · ·Q.··Pardon me?
ĩĩ · · ·A.··Salvador.
ĩĩ · · ·Q.··Salvador.··Okay.··Do you recall his last name?
ĩĩ · · ·A.··No, I don't recall, and before that there was -- I
ĩ ĩ ··don't pay much attention to -- what is the name?··You
ĩ ··know the guy on Airborne Street that you had him come for
ĩ ··witness -- I mean, deposition, and he didn't show up.
ĩ · · · · ·MR. BASSETT:··Oh, Jerry Ganthir.··Jerry Ganthir.
ĩ · · · · ·MR. PHELPS:··Spell the last name.
ĩ · · · · ·MR. BASSETT:··G-a-n-t-h-i-r.
ĩ · · · · ·MR. PHELPS:··Q. Currently with Mr. Flores as the
ĩ ··manager, is he paid for that work?
ĩ · · ·A.··He must be because he's taking money out for rent,
ĩ ··some portion, 5% or whatever we collect.··Whatever the
ĩ ··management fee normally is, but it's a complicated thing
ĩ ··because he does I.T. work for us.··He doesn't charge me,
ĩ ··so he must be getting paid out of all that property.
ĩ · · ·Q.··Are you uncertain about how he is getting paid?··I
ĩ ··sense some lack of confidence in your answer there.
ĩ · · ·A.··I -- I'm sure he's getting paid $500 a month,
ĩ ··something like that.
%$5/(< $662&,$7(6
ĩĩ · · ·Q.··Well, we're going to have an opportunity to talk
ĩĩ ··to Mr. Flores in a few weeks, so I guess I got ask him
ĩĩ ··that.··Would he be a better source, do you think?
ĩĩ · · ·A.··Well, he probably doesn't know.
ĩĩ · · ·Q.··He doesn't know how he's getting paid?
ĩĩ · · ·A.··Yeah, I don't know.··He's -- you should see him.
ĩĩ ··He's like an Einstein.
ĩĩ · · ·Q.··Okay.
ĩ ĩ · · ·A.··Yeah, I mean, he doesn't remember.··He's good with
ĩ ··computers, very good.
ĩ · · ·Q.··Does he keep -- to your knowledge does he keep
ĩ ··records showing payments?
ĩ · · ·A.··I have no idea.
ĩ · · ·Q.··Again, we should probably talk to him about it?
ĩ · · ·A.··He's a warm body for me.
ĩ · · ·Q.··Okay.··That's all he is for you.··That's all he is
ĩ ··is just a warm body?
ĩ · · ·A.··Yeah, I mean, every time there's a problem, to
ĩ ··pick up garbage, he goes, picks it up.
ĩ · · ·Q.··He's the guy who gets stuff done?
ĩ · · ·A.··Yeah.
ĩ · · ·Q.··We had talked before the break about
ĩ ··communications that you had or didn't have with Jay over
ĩ ··time since his incarceration, and I'd like to have you
ĩ ··think about the number of times that you've had contact
%$5/(< $662&,$7(6
Preview
ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 01/23/2020 Clerk of the Court BY: YOLANDA TABO-RAMIREZ Deputy Clerk EXHIBIT A EXHIBIT B EXHIBIT C · · · · · ··IN THE SUPERIOR COURT, STATE OF CALIFORNIA · · · · · · · · · ··IN AND FOR THE COUNTY OF SAN FRANCISCO · · · · · · · · · · · · · · · · · ·--o0o-- · · · · · · · · · · · ·SHIRLEY S. HWANG, · · · · · · · · · · · ··Plaintiff,· · · · · · ··No. CPF-516411 · · · · · · · · ·vs. · · · · · ·JAY C. SHAH, · · · · · · · · · · · ··Defendant.· · · · · ·/ · · ·------------------------------------- · · · · · · · · · · · · · · · · · · · · · ··EXAMINATION UNDER OATH OF · · · · · · · · · · · · · · · ·CHANDRAKANT SHAH · · · · · · · · · · · · ··VOLUME 11, Pages 76 - 217 · · · · · · · · · · · · · ·Thursday, March 28, 2019 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·BARLEY & ASSOCIATES · · · · · · · · ··Certified Shorthand Reporters · · · · · · · ·2977 Ygnacio Valley Road, Suite 123 · · · · · · · · ··Walnut Creek, California 94598 · · · · · · · · · · · · ··(925) 934-8884 · · · · · · · · ·BarleyAndAssociates@comcast.net · · · · · · · · · · · · · · · · · ··REPORTED BY: CHRISTINE BEDARD, CSR #10709 · · · · · · %$5/(< $662&,$7(6 ĩĩ · · · · · ·BE IT REMEMBERED that, pursuant to Notice and on ĩĩ · ĩĩ ··Thursday, March 28, 2019 at the hour of 10:02 a.m. ĩĩ · ĩĩ ··thereof, at the THE SUNDOWNER INN, 504 Ross Drive, ĩĩ · ĩĩ ··Sunnyvale, California, before me, CHRISTINE BEDARD, a ĩĩ · ĩĩ ··Certified Shorthand Reporter in and for the County of ĩĩ · ĩĩ ··Contra Costa, State of California, there personally ĩĩ · ĩĩ ··appeared ĩĩ · ĩĩ · · · · · · · · · · ·CHANDRAKANT SHAH ĩĩ · ĩ ĩ ·called as a witness by the Plaintiff; who, being by me ĩĩ · ĩ ·first duly sworn, was examined and testified as is ĩĩ · ĩ ·hereinafter set forth. ĩĩ · ĩ · · · · · · · · · · · · ·--o0o-- ĩĩ · ĩ · · · · · · · · ··APPEARANCES OF COUNSEL ĩĩ · ĩ ·FOR THE PLAINTIFFS: ĩĩ · ĩ · · ·LAW OFFICES OF GLYNN & FINLEY ĩĩ · · ·BY:··ROBERT PHELPS ĩ · · · · ··MORGAN LOPEZ ĩĩ · · ·100 Pringle Avenue, Suite 500 ĩ · · ·Walnut Creek, CA 94596 ĩĩ · · ·T: (925) 210-2800 ĩ · · ·Email: rphelps@glynnfinley.com ĩĩ · ĩ ·FOR THE DEFENDANTS: ĩĩ · ĩ · · ·LAW OFFICES OF CRAIG BASSETT ĩĩ · · ·BY:··CRAIG BASSETT ĩ · · ·25 West First Street ĩĩ · · ·Morgan Hill, CA 95037 ĩ · · ·T: (408) 779-0007 ĩĩ · · ·Email:··cbassett@garlic.com ĩ · ĩĩ · ĩ ·Also Present:··Shirley Hwang ĩĩ · ĩ · · · · · · · · · · · ··---o0o--- %$5/(< $662&,$7(6 ĩĩ ··collect rent, pay mortgage.··So there isn't much ĩĩ ··accounting. ĩĩ · · ·Q.··Well, when you talk about collecting rent and ĩĩ ··paying mortgages, what properties are you thinking of? ĩĩ · · ·A.··Like, for example, ranch. ĩĩ · · ·Q.··The Quimby Ranch? ĩĩ · · ·A.··Quimby Road. ĩĩ · · ·Q.··So if there's rent for Quimby Road, it comes to ĩ ĩ ··you, right? ĩ · · ·A.··It's complicated. ĩ · · ·Q.··I got plenty of time.··Please explain. ĩ · · ·A.··It gets distributed, the rent, and Mike Flores is ĩ ··the manager. ĩ · · ·Q.··Okay.··So Mr. Flores is the manager.··Is that just ĩ ··for the Quimby Road property? ĩ · · ·A.··Yes. ĩ · · ·Q.··And what is his responsibility as the manager of ĩ ··the Quimby Road properties, to your understanding? ĩ · · ·A.··Repair the buildings, monitor the tenants, feed ĩ ··the horses. ĩ · · ·Q.··Does he collect the rents? ĩ · · ·A.··Pardon me? ĩ · · ·Q.··Does he collect the rents from the tenants? ĩ · · ·A.··To the best of my knowledge, he does. ĩ · · ·Q.··When the rents are paid by the tenants at %$5/(< $662&,$7(6 ĩĩ ··as the number that's listed here on Exhibit 24? ĩĩ · · ·A.··Yes. ĩĩ · · ·Q.··Okay.··Mr. Flores has an office here, doesn't he? ĩĩ · · ·A.··No. ĩĩ · · ·Q.··Never? ĩĩ · · ·A.··Never. ĩĩ · · ·Q.··Okay.··He's used this location as a mailing ĩĩ ··address for -- for businesses and for properties? ĩ ĩ · · · · ·MR. BASSETT:··Objection.··Lacks foundation. ĩ · · · · ·THE WITNESS:··I don't know. ĩ · · · · ·MR. PHELPS:··Q. Okay.··All right.··How long has ĩ ··Mr. Flores been the manager for the Quimby Road property? ĩ · · ·A.··About a year-and-a-half.··I don't know.··Maybe two ĩ ··years. ĩ · · ·Q.··Okay.··When you talk about the rental income that ĩ ··we were discussing -- ĩ · · ·A.··Talk about what? ĩ · · ·Q.··The rental income for Quimby Road before we took ĩ ··the break, you gave us round numbers.··Are you able to ĩ ··break it down any further as to, you know, how much of ĩ ··the rental income came from which sources?··How much was ĩ ··for horses, how much was for people living at the house, ĩ ··et cetera, et cetera.··Can you break it down any further ĩ ··than the round number? ĩ · · ·A.··I can try, but I won't be very accurate. %$5/(< $662&,$7(6 ĩĩ · · ·Q.··Let me ask you, are there any documents that ĩĩ ··you're aware of, either in your possession or Mr. Flores' ĩĩ ··possession, that would break down the rental income for ĩĩ ··Quimby Road? ĩĩ · · ·A.··To the best of my knowledge, yes. ĩĩ · · ·Q.··And what would those documents be that would break ĩĩ ··down the rental income? ĩĩ · · ·A.··On his computer. ĩ ĩ · · ·Q.··On -- on Mr. Flores' computer? ĩ · · ·A.··Yes. ĩ · · ·Q.··And Mr. Flores keeps those financial records as ĩ ··your manager for the property, correct? ĩ · · ·A.··Correct. ĩ · · ·Q.··So he reports to you on that property? ĩ · · ·A.··Yes. ĩ · · ·Q.··If you wanted to see the information on ĩ ··Mr. Flores' reports, you could call him up and get it, ĩ ··right? ĩ · · ·A.··Yeah, but he's very sloppy, yeah. ĩ · · ·Q.··You would have some question about the accuracy of ĩ ··the records? ĩ · · ·A.··Yes. ĩ · · ·Q.··But would they be the most accurate available? ĩ · · · · ·MR. BASSETT:··How does he know that?··Object. ĩ · · · · ·MR. PHELPS:··Q. To the best -- let me ask you a %$5/(< $662&,$7(6 ĩĩ ··named EZResource? ĩĩ · · ·A.··I don't know anything. ĩĩ · · ·Q.··And you didn't know that Mike Flores and Jay were ĩĩ ··in business together in a business called Investment ĩĩ ··Property Management? ĩĩ · · ·A.··Probably, but I don't know for sure. ĩĩ · · · · · ··(Exhibit 35 was marked ĩĩ · · · · · · ·for identification.) ĩ ĩ · · · · ·MR. PHELPS:··Q. Showing you what we've marked as ĩ ··Exhibit 35, it's an LLC filing with the Secretary of ĩ ··State for an LLC called Investment Property Management. ĩ ··Do you see the business address is listed as 504 ĩ ··Ross Drive, correct? ĩ · · ·A.··Correct. ĩ · · ·Q.··Is this the first knowledge that you had that 504 ĩ ··Ross Drive was named as the business address for ĩ ··Investment Property Management? ĩ · · ·A.··Yes. ĩ · · ·Q.··All right. ĩ · · ·A.··I thought Mike was using his home address. ĩ · · ·Q.··Well, if you look down on item number three -- ĩ · · ·A.··815 Alvarado Avenue. ĩ · · ·Q.··-- that's his home, correct? ĩ · · ·A.··Yeah. ĩ · · · · ·MR. PHELPS:··All right.··So let's make this %$5/(< $662&,$7(6 ĩĩ · · · · ·MR. PHELPS:··Q. Exhibit 39, Mr. Shah, is another ĩĩ ··filing, but this is not an LLC filing.··This is a ĩĩ ··corporate filing for a corporation named EZResource. ĩĩ · · ·A.··I have no knowledge of this. ĩĩ · · ·Q.··Okay.··You see that there's Michael Flores that's ĩĩ ··listed -- ĩĩ · · ·A.··Yeah. ĩĩ · · ·Q.··-- on this document?··And you know Mr. Flores, ĩ ĩ ··right? ĩ · · ·A.··Yeah, of course. ĩ · · ·Q.··He's your manager at Quimby Road? ĩ · · ·A.··Yeah, he's my I.T. manager here. ĩ · · ·Q.··So he works here, as well? ĩ · · ·A.··He works whenever we have a problem with our ĩ ··computer or server. ĩ · · ·Q.··Does he have a regular time that he's here? ĩ · · ·A.··No. ĩ · · ·Q.··Just as-needed? ĩ · · ·A.··When there is a trouble, he's here. ĩ · · ·Q.··There is a listing here on Exhibit 39 showing ĩ ··addresses for this corporation, street address being 815 ĩ ··Alvarado Avenue, and you recognize that as Mr. Flores' ĩ ··home, right? ĩ · · ·A.··I've never been there.··I don't know.··He never ĩ ··produces invoice.··That's the beauty of him. %$5/(< $662&,$7(6 ĩĩ · · ·Q.··It's all done by cash? ĩĩ · · ·A.··Huh? ĩĩ · · ·Q.··It's done by cash? ĩĩ · · ·A.··No, I haven't paid him for five years. ĩĩ · · ·Q.··Okay.··Do you feel like you owe him money? ĩĩ · · ·A.··I don't owe him.··If you don't produce invoice, I ĩĩ ··don't pay. ĩĩ · · ·Q.··Okay.··Still looking at Exhibit 39, there is, at ĩ ĩ ··item number six, a mailing address for the corporation of ĩ ··614 Santa Paula Avenue in Sunnyvale; is that an address ĩ ··that has any meaning to you? ĩ · · ·A.··No. ĩ · · ·Q.··That's not an address or location that you have ĩ ··any ownership interest in? ĩ · · ·A.··What are you referring to? ĩ · · ·Q.··If you look at item six, numbered item six -- ĩ · · ·A.··Yeah, but that's Santa Paula Avenue, Sunnyvale.··I ĩ ··don't know what that is. ĩ · · ·Q.··That's not an address that you recognize? ĩ · · ·A.··No. ĩ · · ·Q.··And then if you look down still on Exhibit 39, ĩ ··there's an item for names and complete addresses of all ĩ ··directors, and the one that's listed at item ten is ĩ ··Marilyn Flores.··Do you recognize Marilyn Flores as ĩ ··Mike Flores' wife? %$5/(< $662&,$7(6 ĩĩ ··Ranch property for you.··Was there a manager before him? ĩĩ · · ·A.··Yeah, it was.··There were a couple managers there. ĩĩ · · ·Q.··Do you recall who they were? ĩĩ · · ·A.··One is Sal. ĩĩ · · ·Q.··Pardon me? ĩĩ · · ·A.··Salvador. ĩĩ · · ·Q.··Salvador.··Okay.··Do you recall his last name? ĩĩ · · ·A.··No, I don't recall, and before that there was -- I ĩ ĩ ··don't pay much attention to -- what is the name?··You ĩ ··know the guy on Airborne Street that you had him come for ĩ ··witness -- I mean, deposition, and he didn't show up. ĩ · · · · ·MR. BASSETT:··Oh, Jerry Ganthir.··Jerry Ganthir. ĩ · · · · ·MR. PHELPS:··Spell the last name. ĩ · · · · ·MR. BASSETT:··G-a-n-t-h-i-r. ĩ · · · · ·MR. PHELPS:··Q. Currently with Mr. Flores as the ĩ ··manager, is he paid for that work? ĩ · · ·A.··He must be because he's taking money out for rent, ĩ ··some portion, 5% or whatever we collect.··Whatever the ĩ ··management fee normally is, but it's a complicated thing ĩ ··because he does I.T. work for us.··He doesn't charge me, ĩ ··so he must be getting paid out of all that property. ĩ · · ·Q.··Are you uncertain about how he is getting paid?··I ĩ ··sense some lack of confidence in your answer there. ĩ · · ·A.··I -- I'm sure he's getting paid $500 a month, ĩ ··something like that. %$5/(< $662&,$7(6 ĩĩ · · ·Q.··Well, we're going to have an opportunity to talk ĩĩ ··to Mr. Flores in a few weeks, so I guess I got ask him ĩĩ ··that.··Would he be a better source, do you think? ĩĩ · · ·A.··Well, he probably doesn't know. ĩĩ · · ·Q.··He doesn't know how he's getting paid? ĩĩ · · ·A.··Yeah, I don't know.··He's -- you should see him. ĩĩ ··He's like an Einstein. ĩĩ · · ·Q.··Okay. ĩ ĩ · · ·A.··Yeah, I mean, he doesn't remember.··He's good with ĩ ··computers, very good. ĩ · · ·Q.··Does he keep -- to your knowledge does he keep ĩ ··records showing payments? ĩ · · ·A.··I have no idea. ĩ · · ·Q.··Again, we should probably talk to him about it? ĩ · · ·A.··He's a warm body for me. ĩ · · ·Q.··Okay.··That's all he is for you.··That's all he is ĩ ··is just a warm body? ĩ · · ·A.··Yeah, I mean, every time there's a problem, to ĩ ··pick up garbage, he goes, picks it up. ĩ · · ·Q.··He's the guy who gets stuff done? ĩ · · ·A.··Yeah. ĩ · · ·Q.··We had talked before the break about ĩ ··communications that you had or didn't have with Jay over ĩ ··time since his incarceration, and I'd like to have you ĩ ··think about the number of times that you've had contact %$5/(< $662&,$7(6