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SUPERIOR

COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES

I DEPARTMENT

76
)

HON. ANTHONY VS. ) NO. RESPONDENT. BS118244 ) PETITIONER,

) ) )
)

B. DREWRY,

COMMR.

I SONIA

M. MERCADO,

ET AL.,

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f

REPORTER1S

TRANSCRIPT FEBRUARY

OF PROCEEDINGS

4, 2009

APPEARANCES: FOR THE PETITIONER: . ROBERT BERKE, ESQ. ATTORNEY AT LAW 1717 FOURTH STREET THIRD FLOOR SANTA MONICA, CALIFORNIA

90401

19 I FOR THE RESPONDENT:

20 21 22 23 24 25 26 27 28

JACK K. CONWAY, ESQ. ATTORNEY AT LAW 2460 HUNTINGTON DRIVE SAN MARINO, CALIFORNIA R. SAMUEL PAZ, ESQ. ATTORNEY AT 'LAW BILTMORE COURT SEVENTH FLOOR LOS ANGELES, CALIFORNIA

91108-2643

I ALSO

PRESENT:

90071-2645

.eo lPY

SYLVIA ALMAGUER-MILLER, OFFICIAL REPORTER

CSR #8767 ,

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NAME: REPORTER: LOS ANGELES,76 CALIFORNIA CASE NUMBER: PEPARTMENT BS118244 S. MERCADO WEDNESDAY, VS. J. CASTANEDA FEBRUARY 4, 2009 COMMR. CSR #8767

3 4 2 I TIME: 5 6

HON. ANTHONY

B. DREWRY,

SYLVIA ALMAGUER-MILLER, 1:40 P.M. 7 8 9 10 11 12 13 14 15 16 17 18 19

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1

APPEARANCES: PETITIONER, ROBERT

SONIA M. MERCADO, AT LAW;

PRESENT WITH COUNSEL,

BERKE, ATTORNEY

I"

RESPONDENT,

JOSE CASTANEDA, ATTORNEY

PRESENT WITH COUNSEL,

JACK K. CONWAY, SAMUEL

AT LAW;

PAZ, ATTORNEY

AT LAW.

THE COURT:

ON THE AFTERNOON JOSE CASTANEDA, BSl18244.

CALENDAR,

THE MATTER

OF

I SONYA
1

MERCADO

VERSUS

AKA JOSE CASTANEDA PLEASE STATE YOUR

SALAZAR.

CASE NUMBER

COUNSEL,

I APPEARANCES.
t

AND IF YOUR CLIENTS ARE HERE, LET ME KNOW WHO IS

HERE ALSO. MR. BERKE: GOOD AFTERNOON, YOUR HONOR. ROBERT BERKE.

21 22 23 24 25

I AND
.
1

SONYA MERCADO THE COURT: MR. PAZ:

IS MY CLIENT AND SHE'S PRESENT VERY WELL. MY NAME IS SAMUEL PAZ.

IN COURT.

I'M HERE

REPRESENTING

MYSELF AND MY LAW FIRM. YES. GOOD AFTERNOON. JOSE CASTANEDA THERE JACK CONWAY SALAZAR. I FROM

MR. CONWAY:
)

26 , REPRESENTING 27 28

THE DEFENDANT,

THE COURT:

I UNDERSTAND

IS.A SETTLEMENT. JOSE CASTANEDA

I HAVE

BEFORE ME PROPOSED

ORDER ENJOINING

1I
2

HARASSMENT.

THE ORDER REFERS IT

TO A JOINT

STIPULATION THAT'S IN

...

IS

THAT

I ANQTHER

DOCUMENT OR IS MR. BERKE: IT'S

THE SAME THING ESSENTIALLY THE

THE ORDER? THAT'S IN

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4 5 6 7 8
9

SAME THING

I THE

ORDER,

YOUR HONOR. DISCUSSED OF THIS

IT

HAD SOME LANGUAGE THAT WE HAD CONWAY BASICALLY CASTANEDA IS SAYING THAT

I PREPARED AND I BY THE ENTRY I TO :THE

f

WITH MR.

ORDER THAT MR.

DOES NOT ADMIT WILLING TO

FACTUAL

ALLEGATIONS

BUT NONETHELESS

RESOLVE

THE MATTER. THE COURT: MR. CONWAY: VERY WELL. YES. AND WE'LL BE SIGNING AND FILING

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I THAT

STIPULATION, THE COURT: ALL IS

YOUR HONOR. VERY WELL. RIGHT. EVERYBODY WELL, I'VE READ IT. JUST WANT TO MAKE

12 13 14
15

IN AGREEMENT?

I ABSOLUTELY
MR.

SURE. BERKE: YES, YOUR HONOR. WE'D ASK ON BEHALF BE AS IMPLEHENTED SOON AS OF

16

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I NS.

MERCADO THE ORDER BE ENTERED WE INTEND

FORTHWITH, THIS

I fORTHWITH.

TO TRY TO CORRECT

I POSSIBLE.
THE COURT: SHALL I BE ENTERED WOULD LIKE FORTHWITH. TO ASK THE COURT'S A DECLARATION A DECLARATION THAT BY THE RESPONDENT:

20 21

22 23 24

I PERMISSION
J

TO ADDRESS

THE COURT REGARDING COMPLAINT,

I ~vAS SUBMITTED WITH I SUSANNA CASTANEDA,

.
THE COURT: FIRST,

AN ORIGINAL MY SISTER WELL, SIR. I

25 26

WANT TO TAKE CARE OF THE YOU HAVE ANYTHING SO LET TO SAY, ME TAKE

I SETTLEMENT
DEFER

AND THEN IF YOURSELF

27 I JUST
28

TO EITHER FIRST.

OR YOUR LAWYER.

I CARE

OF THIS

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2

MR. CONWAY: THE COURT:

YEAH. I JUST WANT TO MAKE SURE EVERYBODY IS IN

3 4

I AGREiMENT WILLI SIGN

I HONOf'

WITH THE PROPOSED STIPULATION IF EVERYBODY IS IN AGREEMENT. YES.

AND THE ORDER WHICH I YOUR

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MR. BERKE:

ON BEHALF OF MS. MERCADO, AND ASK IT BE IMPLEMENTED

I FORT]f{WITH.
HAVI G

WE ARE IN AGREEMENT

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. TO Hr
.:,\

MR. PAZ: THE COURT:

I JOIN, YOUR HONOR. MR. CONWAY. YES. YES, YOUR HONOR. AND I WOULD LIKE TO

MR. CONWAY: MR. CASTANEDA

CONFIRM

THAT HE'S ALSO AGREEABLE

THE ORDER ENTERED. THE RESPONDENT: MR. CONWAY: 15 16 17 18 19 20 21

I I I

I WILL NOT.

I'M SORRY.

I WILL NOT.

YOU WON'T AGREE TO THE ORDER? I WANTED TO IN OTHER WORDS, THE

THE RESPONDENT: MR. CONWAY:

THIS IS SEPARATE.

RATION WE CAN FILE WITH THE COURT. Y FURTHER ACTIVITY HEN THE REMOVAL

THE ORDER ONLY REFERS IS CONCERNED THERE,

AS FAR AS THE INTERNET

OF CERTAIN

ITEMS THAT ARE ALREADY

WILL BE DONE PURSUANT THE RESPONDENT: MAIN Y A DECLARATION

TO THE COURT ORDER. WAS

BUT WHAT I POSTED ON THE INTERNET I WAS ACCUSED OF

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BACK IN 2005 WHERE

FRY.Up, AND APPARENTLY MY BROTHERS WERE CONVINCED THAT I COMMITTED A FRAUD THAT I SOMEHOW STOLE $6 MILLION FROM THE
I
~I

EST

E OF MY BROTHER,

LUIS CASTANEDA. THAT HAS CAUSED A LOT OF CONFLICT

AS A RESULT,

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MR. BERKE: I WITHIIN THE FAMILY,

I
I

YOUR HONOR, MAYBE THI S WILL AND I WANT THAT TO BE BROUGHT FACILITATE BEFORE --

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THIS.

WE HAVE NO OBJECTION

-- IN FACT, WE ENDORSE AFTER

THE

STIPULATION AGREED

AND WE HAVE NO OBJECTION

THE STIPULATIONS

TO MR. CASTANEDA

PUTTING ANYTHING

ON THE RECQRP. THAT HE

I WOULD LIKE TO PUT ON THE RECORD UNDERSTANDING THAT IT IS I DISPUTED. BUT IT IS NOT NECESSARY TO RESOLVE THE ISSUE OF I THOSE DISPUTED MATTERS FOR THE PURPOSE OF ENTERING THIS

I STIPULATION.
THE COURT: VERY WELL. I WILL SIGN THE ORDER AS SOON

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I AS
I

I HAVE THE PERMISSION MR. CONWAY:

OF MR. CONWAY. I DO HAVE YOUR OKAY TO HAVE THIS ONLY TO THE -POSTINGS.

OKAY.

ORDER SIGNED?

THIS PERTAINS

THE RESPONDENT: MR. CONWAY: THE RESPONDENT:

I UNDERSTAND. POSTINGS RIGHT.

ON THE INTERNET. AND IF THEY'RE FALSE, IF OF

I THEY'RE

NOT ACCURATE,

THEN I'M LIABLE

FOR DEFAMATION

I CHARACTER; I PARTICULAR
I

IS THAT CORRECT? NO. NO. THERE IS NO FINDING ON THAT

MR. CONWAY: ISSUE.

IT'S JUST THAT THERE'S

NOT GOING TO BE ANY

FUTURE POSTINGS

AND WHAT IS THERE IS GOING TO BE WITHDRAWN. RIGHT. I UNDERSTAND THAT. THE

THE RESPONDENT:

MR. CONWAY:

.IT HAS NOTHING

TO DO WITH WHETHER

I STATEMENTS

ARE ACCURATE

OR ARE NOT ACCURATE. THEY'RE DISPUTED.

THE RESPONDENT: MR. CONWAY: YES.

THE RESPONDENT:

RIGHT.

THE ONLY THING THAT YOU'RE

26 \ ASKING IS THAT NO FURTHER POSTINGS WILL SITE. BE DONE BY ME. 27 YOU ARE ASKING ME TO REMOVE THE ENTIRE 28 MR. CONWAY: NO. YOU DON'T HAVE TO.

BUT

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THE RESPONDENT: MR. CONWAY: NO.

THEN THAT CAN BE AMENDED

THEN? THE ORDER

YOU DON'T HAVE TO REMOVE.

I I I

ITSELF WILL BE SENT TO THE SITE AND THEN THE PEOPLE THAT ARE IN CHARGE OF THE SITE WILL OBEY THE ORDER AND WILL REMOVE THE

5 I STATEMENTS. 6 7 8 9 10 THE RESPONDENT: OF EXPRESSION. BUT IF IT'S ALREADY THERE, IT'S

I FREEDOM
I

I HAVE A RIGHT TO SHARE WITH THE HERE. THAT'S

I C;::OMMUNITY AT

LARGE WHAT I HAVE EXPERIENCED

FREEDOM OF EXPRESSION. MR. CONWAY: YEAH. AND INTO THE

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THE RESPONDENT: MR. CONWAY:

NO ONE -- WE ARE NOT GETTING

I MERITS

OF IT.

IT'S JUST THAT IT IS GOING TO BE WITHDRAWN.

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I THAT IS PART OF THE SETTLEMENT. TO WHETHER OR NOT YOU HAVE THE

I OR
NOT.

THERE RIGHT OR IS NO ISSUE PENDING AS WHETHER IT'S ACCURATE THIS IS -- THIS IS WHAT YOU.

JUST TO END THIS COURT SUIT. TO ME AS I UNDERSTOOD WELL,

I YOU
I

HAD INDICATED

THE RESPONDENT: THAT'S WHAT I AGREED MR. CONWAY: TO.

I AGREE TO NO MORE POSTINGS.

OKAY.

WELL, THE ITEMS THAT ARE THERE

I WOULD
,.

ALSO BE WITHDRAWN

AND THAT WOULD TAKE CARE OF

I E:VERYTHING.
MR. BERKE: WE UNDERSTAND WE UNDERSTAND THAT THERE ARE GOING TO BE THAT. IN FACT, I UNDERSTAND

FACTUAL DISPUTES.

25 \ THAT AND I'M SURE THAT THE WHICH FACTUAL VERSION IS NOT AN 26 ADMISSION ON YOUR PART OF PARTIES DO. SO THIS OF THE EVENTS
27

I IS
,.

CORRECT,

BUT THIS JUST SAYS LET'S REMOVE WHAT WE HAVE, AND IT'S NOT AN ADMISSION AS

28

I LET'S

NOT HAVE THE FUTURE STUFF.


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I TO

WHICH SIDE IS RIGHT ABOUT DISPUTED MR. CONWAY: CORRECT.

MATTERS.

THE RESPONDENT:

SO CAN IT BE REMOVED

AFTER

THE FACTS

I GET

DISPUTED? MR. BERKE: THERE'S NO REASON TO DISPUTE IS. THE FACTS AND THEN FOR

5
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I ]BECAUSE WE'RE
J

JUST GOING TO REMOVE WHAT THERE TO THE DISPUTED

~

WITH RESPECT
T

FACTS, IT'S NOT NECESSARY

I THIS INJUNCTION I COURT TIME. WE

TO RESOLVE

THAT ISSUE.

SO WE SAVE A LOT OF WE GET THIS CORRECTED

SAVE A LOT OF GRIEF.

I AND

WE MOVE ON. MR. CONWAY: SO THAT'S WHAT I WOULD RECOMMEND FOR YOU

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13 14 15 16 17 18 19 20 I WEARE 21 22 23 24 25 26 27 28
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THE RESPONDENT: SOMEONE NAMED WARLOCK.

,

RIGHT.

THERE'S

A POSTING

IN THERE BY

I WOULD LIKE TO KNOW WHO POSTED THAT.

I THAT

CAN ALSO BE -MR. CONWAY: THE COURT: I DON'T KNOW ANYTHING YOU'LL HAVE TO DISCUSS ABOUT WARLOCK. THAT WITH YOUR

I ATTORNEY.
MR. CONWAY: WE'LL HAVE TO DISCUSS THAT. OKAY. THEN ALL IN AGREEMENT i CORRECT? THE COURT: PERMISSION I WILL SIGN THE ORDER ONCE GIVEN

TO DO SO. OKAY. THE ONLY THING THAT I'M ASKING I WILL AGREE TO NOT MAKE ANY MORE BEFORE AS FAR AS THE HER HOUSE -THAT

MR. CONWAY:

THE RESPONDENT:

I IF

IT'S ALREADY

THERE,

I POSTINGS. I l~OVEMBER

BUT THE ISSUES THAT I BROUGHT 6 STALKING

THAT THEY SAW ME OUTSIDE THAT'S

MR. CONWAY:

-- WE ARE GOING TO BE FILING A

1
1
2 3 ~TIPULATION ALL OF THAT IS DISPUTED. THE ONLY THING THAT THIS WHAT IS THERE. IT OR THAT YOU SO WE DON'T DOES IS THAT NO MORE POSTINGS AND IT WITHDRAWS THAT YOU'RE NOT ACCURATE ABOUT

I IT DOESN'T SAY 4 I ARE ACCURATE.

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6

IT JUST TAKES CARE OF THE MATTER PROBLEMS. SO THIS BASICALLY

HAVE ANY MORE

THE RESPONDENT: ACCOUNTABLE

:

HOLDS ME

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FOR HARASSMENT?
I

MR. CONWAY:

NO.

NO.

IT JUST -- IT IS JUST AN BE WITHDRAWN ALL. HERE, IS IT POSSIBLE IS THAT AND

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I .AGREEMENT THAT WHAT'S THERE IS GOING TO I NOTHING FURTHER WILL BE POSTED. THAT'S
THE RESPONDENT: AND SINCE WE'RE DIED IN COUNTY

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I TO/LEARN

HOW MY BROTHER OR THAT'S

JAIL?

I DIFFERENT

SOMETHING

DIFFERENT? TO DO WITH THAT. THAT'S

MR. CONWAY:

THAT HAS NOTHING ISSUE.

15 I AN ENTIRELY DIFFERENT
16 17 18 THE RESPONDENT:

AND WHAT ABOUT

THE INVESTMENT,

THE

I $100, 000.00

INVESTMENT? THAT'S OKAY. SOMETHING WHICH WE'RE PURSUING FOR IN

MR. CONWAY: ACTION.

19 I A DIFFERENT 20 21 22

SO THIS IS WHAT

I RECOMMEND

I YOU
I THE

TO DO. MR. PAZ: EVIDENCE. IF HE'S RELUCTANT, YOUR HONOR, WE CAN PUT ON

YOUR HONOR, WE'RE

READY TO GO. MR. CONWAY.

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y

THE COURT: MR. CONWAY:

I WILL SIGN GIVEN PERMISSION, YOUR HONOR,

I KNOW I'M IN A JURY TRIAL IN

I DEPARTMENT

3.

I HAVE TO GET BACK DOWN THERE. I UNDERSTAND. DO YOU WANT TO HAVE A BRIEF

THE COURT:

27 I MOMENT WITH YOUR CLIENT? 28 THE RESPONDENT: CAN YOU GIVE US JUST A MINUTE?
I

Of

.a

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2

THE COURT;

SURE. I'M GOING TO LEAVE THE BENCH. CALL

MR. CONWAY, ME WHEN YOU'RE READY.

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4

MR. CONWAY; THE COURT: DONE TODAY.

I HAVE TO GET BACK DOWN TO 3. I UNDERSTAND. I'D LIKE TO GET THIS MATTER

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TALK TO YOUR CLIENT.

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(WHEREUPON A BRIEF RECESS WAS TAKEN AT THIS TIME.)

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26

THE CLERK: THE COURT: MERCADO

THE COURT IS AGAIN BACK ON THE RECORD

IN SESSION. IN THE MATTER OF

AND CASTANEDA. MR. CONWAY: YES, IT IS AGREEABLE THAT THIS ORDER BE

ENTERED. THE RESPONDENT; THE COURT: MR. CONWAY: YES. I WILL SIGN IT RIGHT NOW, SIR.

YES, SIR. THANK YOU.

YOUR HONOR, BACK TO DEPARTMENT THE COURT: SURE THE HEARING 3.

IF I MAY BE EXCUSED,

I HAVE TO GET

I UNDERSTAND

YOU DO.

I JUST WANT TO MAKE

IS FINISHED, SURE.

THOUGH.

MR. CONWAY: MR. BERKE: THE COURT: MR. BERKE: TAKES EFFECT

RIGHT. FORTHWITH?

CAN THE COURT INDICATE BE SPECIFIC.

JUST THAT THIS CAN BE IMPLEMENTED,

THAT IT

27 28

FORTHWITH. YEAH.

MR. PAZ:

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THE COURT: MR. BERKE: THE COURT: MR. PAZ: THE COURT:

THE ORDERS WILL BE IMPLEMENTED THANK YOU.

FORTHWITH.

THANK YOU VERY MUCH, ALL OF YOU. THANK YOU, YOUR HONOR. SURE.

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(WHEREUPON THE PROCEEDINGS

WERE CONCLUDED.)

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10

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SUPERIOR

COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

I DEPARTMENT
I

76

HON. ANTHONY

B. DREWRY,

COMMR.

5 6
7

SONIA M. MERCADO,

ET AL., PETITIONER,

I
VS.

NO. BSl18244 REPORTER'S CERTIFICATE RESPONDENT.

8 JOSE CASTANEDA, 9 10

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12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

I, SYLVIA ALMAGUER-MILLER,

OFFICIAL

REPORTER COUNTY

OF THE

I SUPERIOR
I ANGELES,

COURT OF THE STATE OF CALIFORNIA, DO HEREBY CERTIFY

OF LOS

THAT THE FOREGOING AND CORRECT

PAGES 1 THROUGH OF THE

I 9, ;INCLUSIVE, COMPRISE A TRUE I PROCEEDINGS HELD IN DEPARTMENT I ABOVE-ENTITLED MATTER. I

TRANSCRIPT

76 ON FEBRUARY

4, 2009, IN THE

DATED THIS 30TH DAY OF APRIL,

2009.

7)

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