Document for CHRISTINA M SAGONOWSKY VS. CURTIS KEKOA et al

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                                SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

MINUTES
August 9, 2010 Department: 602
CHRISTINA M SAGONOWSKY Case Number: CGC-07-463799
PLAINTIFF Nature of Cause: Jury Trial
Malicious Prosecution, Conspiracy,
VS. Negligence
CURTIS KEKOA BIFURCATED COURT TRIAL
DEFENDANT
Present:
Judge: CHARLENE P. KIESSELBACH Clerk: DANIAL LEMIRE
Reporter: CANDACE YOUNT #2737 Bailiff:
Appearing for Plaintiff (s): Appearing for Defendant(s)
CHRISTINE TOUR-SARKISSIAN ALAN L. MARTINI
PHIL FOSTER SCHEUERMAN, MARTINI & TABARI
TOUR-SARKISSIAN LAW OFFICES 1033 Willow Street
211 Gough Street, Third Floor San Jose, CA 95125
San Francisco, CA 94102 408-288-9700

415-626-7744

The matter comes on calendar this date, having been continued from continued from August 4,
2010 for a Court Trial on certain bifurcated issues. Court, counsel, parties and court personnel as
stated above are present.

9:53am Court trial commences.
Court addresses counsel.
Plaintiff files a “Request for Judicial Notice” in open court.

10:05am Court is in recess for a short break.

10:20am Trial resumes with all parties present as previously stated.
Plaintiff makes an opening statement on the issues pertaining to the court trial

Case Number: CGC-07-463799
Case Title: CHRISTINA M SAGONOWSKY VS. CURTIS KEKOA et al
-l- Date: August 9, 2010
Form: C0100610:58am Defendant makes an opening statement

11:09am Plaintiff Christina Maria Sagonowsky is sworn and testifies on her own behalf.
The following exhibits, having been pre-marked by counsel, are identified on the

record

1 — (Complaint for Quiet Title against Christina and Leocadia seeking Monetary
damages dated 7-21-05), is now ADMITTED into evidence

2 — (Letter #1 from Christina to Carroll re: conversation with associate and proof of
no misappropriation attached dated 7-26-05), is now ADMITTED into evidence

3 — (Letter #2 from Christina to Carroll re: additional exhibits evidencing Kekoa’s
financial record keeping dated 7-26-05)

4 — (Letter #3 from Christina to Carrol re: additional exhibits evidencing Kekoa’s
financial record keeping dated 7-26-05)

12:01pm Court is in recess for lunch.

1:35pm_ Trial resumes with all parties present as previously stated.
The plaintiff continues testimony on her own behalf.
Exhibits 3 and 4, previously identified, are now ADMITTED into evidence.
The following exhibits, having been pre-marked by counsel, are identified on the

record

5 — (Letter from Christina to Carroll re: response to letter and please call if serving
and she will accept service dated 8-1-05), is now ADMITTED into evidence

8 - (Email from Christina to Gwire, Kekoa, Marx re response to Kekoa’s
declaration of September 13, 2005 dated 9-20-05), is now ADMITTED into
evidence

9 — (Facsimile from Christina to Carroll re: 9/20/05 email setting forth evidence
rebutting claims of misappropriation and mismanagement dated 9-20-05)

11 - (First Amended Complaint filed by Kekoa’s Attorney Michel Brooks Carroll
dated 10-19-05), is now ADMITTED into evidence

14 - (Leocadia Sagonowsky’s declaration to oppose Kekoa’s request for spousal
support dated 1-4-06), is now ADMITTED into evidence

38 - (Declaration of Petitioner Christina Sagonowsky in Lieu of Direct Testimony
on Bifurcated Issues dated 11-21-06), is now ADMITTED into evidence

37 - (Declaration of Bradley White in Opposition to Respondent’s Motion for
Judgment on Pre-Separation Claims dated 11-21-06), the court will take judicial
notice of this exhibit under evidence code 452 and it is now ADMITTED into
evidence

39 - (Petitioner’s MPA on Bifurcated Issues of Respondent’s Pre-Separation Claims
of Misappropriation and/or Breach of Fiduciary Duty dated 11-21-06), is now
ADMITTED into evidence

30 - (Respondent’s Brief and MPA in Support of Motion for Judgment on Pre-
Separation Claims dated 10-10-06), is now ADMITTED into evidence

31 - (Declaration of Robert Sprague in Support of Motion for Judgment on Pre-
Separation Claims dated 10-10-06), is now ADMITTED into evidence

Case Number: CGC-07-463799
Case Title: CHRISTINA M SAGONOWSKY VS. CURTIS KEKOA et al
-2- Date: August 9, 2010
Form: C0100632 - (Declaration of Curtis Kekoa, Jr. in Support of Motion for Judgment on Pre-
Separation Claims dated 10-10-06), is now ADMITTED into evidence

33 - (Supplemental Exhibit to Declaration of Robert Laversin in Support of Motion
for Judgment on Pre-Separation Claims dated 10-17-06), is now ADMITTED into
evidence

29 - (Declaration of Robert Laversin in Support of Motion for Judgment on Pre-
Separation Claims dated 10-9-06), is now ADMITTED into evidence

34 — (Supplement to Declaration on Curtis Kekoa, Jr. to Provide Three Missing
Exhibits dated 11-2-06)

36 - (Declaration of Nicholas Sagonowsky in Support of Opposition to
Respondent’s Motion for Judgment on Pre-Separation Claims dated 11-1-06), is
now ADMITTED into evidence

After a request from plaintiff's counsel the court will take judicial notice of exhibits
E&F as attached to the exhibit.

3:10pm Court is in recess for a short break.

3:20pm _ Trial resumes with all parties present as previously stated.
The plaintiff continues testimony on her own behalf.
The following exhibits, having been pre-marked by counsel, are identified on the

record:

40 - (Ruling on the Misappropriation Claims from FL Court awarding CMS
$50,000 sanctions and $150,000 attorneys fees dated 11-27-06), is now
ADMITTED into evidence

4] - (Transcript of 11-27-06 hearing), is now ADMITTED into evidence

46 - (Judgment based on Slabach’s ruling from 11-27-06 dated 5-24-07), is now
ADMITTED into evidence

3:26pm _ Plaintiff is cross examined.
3:39pm Re-direct examination.

3:44pm _ The plaintiff is excused from the witness stand
The defendant Curtis Kekoa, Jr., is sworn and examined on his own behalf.

4:17pm The defendant is cross examined
The following exhibits, having been pre-marked by counsel, are identified on the
record:
7 — (Email from Kekoa to Carroll consult me before extending deadlines as it
undermines advantages pressure achieved as a result of actions in the family law
case dated 8-30-05)

4:31pm The trial is continued until August 10, 2010, at 9:00am.

Case Number: CGC-07-463799
Case Title: CHRISTINA M SAGONOWSKY VS. CURTIS KEKOA et al
-3- Date: August 9, 2010
Form: C01006