Superior court of the state of California for the county of Los AngelesSuperior court of the state of California for the county of Los AngelesDepartment northeast “P” Hon. Jan A. Pluim, JudgeDepartment northeast “P” Hon. Jan A. Pluim, Judge

Jesus CastanedaJesus CastanedaAbel BuelnaAbel Buelna

PlaintiffPlaintiff

v.v.

Jose Castaneda SalazarJose Castaneda SalazarDefendantDefendant

No. GC 031549No. GC 031549Reporter’s partial transcript of proceedingsReporter’s partial transcript of proceedings

May 10, 2005May 10, 2005Testimony of SONIA MERCADOTestimony of SONIA MERCADOFor Plaintiff: Bernard NacionalesFor Plaintiff: Bernard Nacionales

For Defendant: David A. XavierFor Defendant: David A. Xavier

Case Number GC 031549Case Number GC 031549

Case Name: Castaneda vs. Case Name: Castaneda vs. CastanedaCastaneda

Pasadena, CA May 10, 2005Pasadena, CA May 10, 2005 Dep. NE “P” Hon. Jan A. Pluim, Dep. NE “P” Hon. Jan A. Pluim,

JudgeJudge Appearances: (As heretofore noted.)Appearances: (As heretofore noted.) Reporter: Andrea J. BillueReporter: Andrea J. Billue Time: 2:45 P.M.Time: 2:45 P.M.

Case No. GC 031549Case No. GC 031549

The court: Let’s go back on the record.The court: Let’s go back on the record. Call the witness, please.Call the witness, please. Mr. Nacionales: Yes. Ms. Mercado.Mr. Nacionales: Yes. Ms. Mercado. The Court:The Court: Ms. Mercado, approach the Ms. Mercado, approach the

witness stand.witness stand. Sonia Mercado.Sonia Mercado. Called as witness by the Plaintiff, was sworn Called as witness by the Plaintiff, was sworn

and testified as follows:and testified as follows: The Clerk: You do solemnly swear that the The Clerk: You do solemnly swear that the

testimony you are about to give in the testimony you are about to give in the above above

Case No. GC 031549Case No. GC 031549 Entitled action shall be the TRUTH, the whole Entitled action shall be the TRUTH, the whole

TRUTH, and nothing but the TRUTH so help TRUTH, and nothing but the TRUTH so help you GOD.you GOD.

Mrs. Mercado: I DO.Mrs. Mercado: I DO. The clerk: Please state you name and spell it.The clerk: Please state you name and spell it. Sonia Mercado: sonia mercado M-E-R-C-A-D-Sonia Mercado: sonia mercado M-E-R-C-A-D-

O.O. DIRECT EXAMINATION.DIRECT EXAMINATION. MS. MERCADO, what is your current MS. MERCADO, what is your current

occupation?occupation? A. I am an attorneyA. I am an attorney Q. Where do you currently work?Q. Where do you currently work?

GC 031549GC 031549 A. I have an office downtown and one in Culver A. I have an office downtown and one in Culver

City.City. Q. Ms. Mercado, where did you attend Law Q. Ms. Mercado, where did you attend Law

School?School? A. I went to UCLA.A. I went to UCLA. Q. Where did you attend undergraduate Q. Where did you attend undergraduate

School?School? A. I attended school back East.A. I attended school back East. Mr. Xavier: I stipulateMr. Xavier: I stipulate Judge Pluim: Where did you do undergraduate Judge Pluim: Where did you do undergraduate

work?work? Ms. Mercado: Atlanta Union College in Mass. Ms. Mercado: Atlanta Union College in Mass.

AndAnd

GC 039549GC 039549 A year and a half in France.A year and a half in France. Q. Do you have a specialty, Ms. Mercado?Q. Do you have a specialty, Ms. Mercado? A. Yes I do.A. Yes I do. Q. What is that specialty?Q. What is that specialty? A. My specialty is constitutional Law. I do civil A. My specialty is constitutional Law. I do civil

rights in contents of jail, mental health and rights in contents of jail, mental health and medical care.medical care.

Q. have you ever lectured anywhere or Q. have you ever lectured anywhere or written any publications?written any publications?

A. Yes, I have lectured in this very specific A. Yes, I have lectured in this very specific areaarea

To law students, to judges who came from So.To law students, to judges who came from So.

GC 031549GC 031549 America on how to enforce constitutional America on how to enforce constitutional

rights, and I lectured at Oxford University rights, and I lectured at Oxford University of England, Columbia University, UCLA.of England, Columbia University, UCLA.

I lecture to students and lawyers on issues I lecture to students and lawyers on issues of constitutional law.of constitutional law.

Q. Mrs. Mercado, this is a case between Q. Mrs. Mercado, this is a case between Jesus Cacaneda and Jose Castaneda Jesus Cacaneda and Jose Castaneda Salazar. Do you have any---do you know Salazar. Do you have any---do you know either party?either party?

A. I know Jose Castaneda.A. I know Jose Castaneda. Q. In what context?Q. In what context? The Court: Who?The Court: Who?

GC 031549GC 031549The witness: Jose Castaneda. I knew Jose because The witness: Jose Castaneda. I knew Jose because

he accompanied his mother when he first he accompanied his mother when he first retained me.retained me.

Q. What did he retain you for?Q. What did he retain you for?A. He retained me to represent her in the death A. He retained me to represent her in the death

of of her son Luis who died in custody, committed her son Luis who died in custody, committed

suicide in custody. So it was a civil rights case. suicide in custody. So it was a civil rights case. Q. Who did you represent?Q. Who did you represent?A. I represented Mrs. Castaneda, Luis Castaneda A. I represented Mrs. Castaneda, Luis Castaneda

was my client.was my client.

GC 031549GC 031549 Q. And basically what were the Q. And basically what were the

circumstances under which you were circumstances under which you were retained by Mrs. Castaneda?retained by Mrs. Castaneda?

A. There had been an underlying action in A. There had been an underlying action in which a prior attorney in Orange County, I which a prior attorney in Orange County, I think Mr. O’Reilly had represented Mrs. think Mr. O’Reilly had represented Mrs. Castaneda.Castaneda.

Q. And so you are familiar with the under Q. And so you are familiar with the under lying case?lying case?

A. I am very familiar with it. It was part of it.A. I am very familiar with it. It was part of it. I had to become familiar with it. That is I had to become familiar with it. That is

case I handled for her.case I handled for her.

GC 031549GC 031549 Q. The underlying case is the conservatorQ. The underlying case is the conservator Ship of Jose Castaneda for L. Castaneda?Ship of Jose Castaneda for L. Castaneda? A. That was one of the big defenses in my case, A. That was one of the big defenses in my case,

that Luis Castaneda apparently had annuity.that Luis Castaneda apparently had annuity. Judge Pluim: Defenses?Judge Pluim: Defenses? Mrs. Mercado: One of the defenses of civil Mrs. Mercado: One of the defenses of civil

rights case is that Luis HAD NOT RECEIVED rights case is that Luis HAD NOT RECEIVED MEDICAL, mental care treatment and care he MEDICAL, mental care treatment and care he was supposed to have been receiving. was supposed to have been receiving. Therefore, they were alleging that he Therefore, they were alleging that he committed suicide in Jail. Not because he committed suicide in Jail. Not because he committed suicide in jail but because he had committed suicide in jail but because he had NOT received any of the mentalNOT received any of the mental

GC 013549GC 013549 Health care that was indicated for him for Health care that was indicated for him for

which he had paid a large annuity.which he had paid a large annuity. Judge Pluim: You mean the County of Los Judge Pluim: You mean the County of Los

Angeles paid annuity?Angeles paid annuity? Mr. Nacionales: Annuity was paid in a lawsuit.Mr. Nacionales: Annuity was paid in a lawsuit. Mrs. Mercado: that was---Mrs. Mercado: that was--- Judge Pluim: You were employed by Mrs. Judge Pluim: You were employed by Mrs.

Castaneda to bring wrongful death case Castaneda to bring wrongful death case against the county?against the county?

Mrs. Mercado: Correct.Mrs. Mercado: Correct. Judge Pluim: One of their affirmative Judge Pluim: One of their affirmative

defensesdefenses

GC 031549GC 031549 Was that, this meaning the county, was Was that, this meaning the county, was

that apparently the decedent had not that apparently the decedent had not been given the mental health help that he been given the mental health help that he should have gotten; is that right?should have gotten; is that right?

Mrs. Mercado: it was an issue of causation Mrs. Mercado: it was an issue of causation the issue was causation, whether his the issue was causation, whether his mental health care condition deteriorated mental health care condition deteriorated in custody or whether he already had a in custody or whether he already had a deterioration of mental health care he had deterioration of mental health care he had not been receiving mental that was not been receiving mental that was supposed to be paid through annuity. supposed to be paid through annuity.

By Mr. Nacionales: By Mr. Nacionales:

GC 039549GC 039549 Q. Who was in charge of getting mental health Q. Who was in charge of getting mental health

care?care? Mrs. Mercado Jose told me he was the person Mrs. Mercado Jose told me he was the person

that was in charge of that particular money that was in charge of that particular money from that lawsuit for Luis’ care.from that lawsuit for Luis’ care.

Q. So you found out that Jose was not getting Q. So you found out that Jose was not getting him Health care.him Health care.

Mrs. Mercado: I had asked Jose for verification Mrs. Mercado: I had asked Jose for verification that he was actually getting Psychologist, that he was actually getting Psychologist, Psychiatrist, people like Luis, the money goes Psychiatrist, people like Luis, the money goes to pay for what is called day care programs.to pay for what is called day care programs.

They go to places where they take care of They go to places where they take care of them them

GC 031549GC 031549

All day. So that was the weakness in my case.All day. So that was the weakness in my case.Q. Did Jose ever accompany your client to your Q. Did Jose ever accompany your client to your

meetings?meetings?Mrs. Mercado: Initially he did.Mrs. Mercado: Initially he did.Q. And he stopped coming?Q. And he stopped coming?Mrs. Mercado: I requested that he stop coming.Mrs. Mercado: I requested that he stop coming.Q. Why did you requested that he stop coming?Q. Why did you requested that he stop coming?Mrs. Mercado: because Jose wanted to be very Mrs. Mercado: because Jose wanted to be very

much in charge of that case that I was much in charge of that case that I was handling.handling.

Judge Pluim: Who did?Judge Pluim: Who did?

GC 031549GC 031549

Mrs. Mercado: Jose was accompanying his Mrs. Mercado: Jose was accompanying his mother. I asked her not to accompanying mother. I asked her not to accompanying me anymore. Because he was very me anymore. Because he was very controlling in the case I was handling. It was controlling in the case I was handling. It was becoming an impediment. The weakness becoming an impediment. The weakness that the case had, that he had not used that the case had, that he had not used funds to take care of this brother. That was funds to take care of this brother. That was one issue. The other issue was that I one issue. The other issue was that I needed to represent my client and her best needed to represent my client and her best interests and Jose wanted to be in control of interests and Jose wanted to be in control of that money as well.that money as well.

GC 031549GC 031549 Mr. Nacionales: How did you know that Jose Mr. Nacionales: How did you know that Jose

wanted to be in control of that money?wanted to be in control of that money? Mrs. Mercado: Because he was asking to be Mrs. Mercado: Because he was asking to be

part of everything in her case and we were part of everything in her case and we were coming close to a settlement, and he wanted coming close to a settlement, and he wanted to be in charge of that settlement. I to be in charge of that settlement. I suggested to my client that it was her money suggested to my client that it was her money and that she be in control of it.and that she be in control of it.

Q. Mrs. Mercado, what was the attorney fee Q. Mrs. Mercado, what was the attorney fee arrangement between you and F. Castaneda?arrangement between you and F. Castaneda?

Mrs. Mercado: I worked strictly on a Mrs. Mercado: I worked strictly on a contingency fee basis. When I win a case the contingency fee basis. When I win a case the court may court may

GC 031549GC 031549 Award me attorney fees and costs. So my Award me attorney fees and costs. So my

contingency is strictly based upon my success contingency is strictly based upon my success in that case. So I usually take on a contingency. in that case. So I usually take on a contingency. If I win, I get paid. If I don’t win, I don’t get paid. If I win, I get paid. If I don’t win, I don’t get paid.

Q. I would like to direct the witness to exhibit Q. I would like to direct the witness to exhibit 192.192.

Judge Pluim: Do you have the exhibit book in Judge Pluim: Do you have the exhibit book in front of her?front of her?

Mr. Nacionales: I am going to bring her the Mr. Nacionales: I am going to bring her the Exhibit right now.Exhibit right now.

Mr. Nacionales: This is a check purportedly to Mr. Nacionales: This is a check purportedly to be made out by Sonya Mercado to Jose be made out by Sonya Mercado to Jose Castaneda,Castaneda,

GC 031549GC 031549 Date of check is September 20, 1996Date of check is September 20, 1996 (SEE LINK ABOVE URL for checks)(SEE LINK ABOVE URL for checks) Nacionales: Do you recognize that check? Nacionales: Do you recognize that check?

It is a check for $2000.00.It is a check for $2000.00. Mercado: it has my name on it and Iguess Mercado: it has my name on it and Iguess

the bottom part is a signature section?the bottom part is a signature section? Nacionales: Did you remember cashing Nacionales: Did you remember cashing

that check?that check? Mercado: I don’t remember this check. It is Mercado: I don’t remember this check. It is

dated 96.dated 96. Nacionales: I would like to direct you to Nacionales: I would like to direct you to

GC 031549GC 031549

Exhibit 193, a check.Exhibit 193, a check. Judge Pluim: Can you look at the back Judge Pluim: Can you look at the back

of this exhibit 192. Is that your of this exhibit 192. Is that your signature?signature?

Mercado: it is similar to my signature, Mercado: it is similar to my signature, your honor. There are some numbers your honor. There are some numbers there. I always cross my sevens. I do there. I always cross my sevens. I do European sevens.European sevens.

(SEE LINK ABOVE URL for samples)(SEE LINK ABOVE URL for samples)

GC 031549GC 031549

Judge Pluim: What is the point of this Judge Pluim: What is the point of this testimony then? Are you suggesting she did testimony then? Are you suggesting she did not sign this? Is that what I am supposed to not sign this? Is that what I am supposed to infer from all of this, counsel?infer from all of this, counsel?

Mr. Nacionales: Not only she did not sign Mr. Nacionales: Not only she did not sign this. She is claiming these checks were this. She is claiming these checks were payment made to her from annuity. What payment made to her from annuity. What we are getting at is that he did not actually we are getting at is that he did not actually made this payment from annuity to her. made this payment from annuity to her. That is what we are getting at. (SEE LINK That is what we are getting at. (SEE LINK ABOVE URL check pd M. Martinez)ABOVE URL check pd M. Martinez)

GC 013549GC 013549 Judge Pluim: She said she didn’t remember this Judge Pluim: She said she didn’t remember this

check. Is that your account number on the check. Is that your account number on the bottom of this?bottom of this?

Mr. Xavier: Your honor, the witness is speaking Mr. Xavier: Your honor, the witness is speaking to counsel right now. That is not appropriate.to counsel right now. That is not appropriate.

Judge Pluim: Let’s look at this check. This is the Judge Pluim: Let’s look at this check. This is the way the trial has been going. I can’t tie way the trial has been going. I can’t tie anything up.anything up.

Can you look at this 192? Is that ----you say Can you look at this 192? Is that ----you say that does not appear to be your signature. It is that does not appear to be your signature. It is similar to your signature. Is that correct? similar to your signature. Is that correct?

Mercado: it is my name, your honor. that is notMercado: it is my name, your honor. that is not

GC 031549GC 031549 my exact number.my exact number. Judge Pluim: That is not you signature? Is Judge Pluim: That is not you signature? Is

that what you are saying?that what you are saying? Mercado: I don’ t know.Mercado: I don’ t know. Judge Pluim: How about underneath that , Judge Pluim: How about underneath that ,

is the account number?is the account number? Mercado: The account number.Mercado: The account number. Judge Pluim: Is that your account number?Judge Pluim: Is that your account number? Mercado: I have no idea.Mercado: I have no idea. Judge Pluim: do you normally put account Judge Pluim: do you normally put account

number on a check?number on a check?

GC 031549GC 031549 Mercado: I do not.Mercado: I do not. Judge Pluim: Who does?Judge Pluim: Who does? Mercado: I just put it in my trust account.Mercado: I just put it in my trust account. Judge Pluim: Do you have an account with Judge Pluim: Do you have an account with

Sanwa Bank?Sanwa Bank? Mercado: I do not, your honor. And I never Mercado: I do not, your honor. And I never

have.have. Judge Pluim: Is there another bank on Judge Pluim: Is there another bank on

there?there? Mr. Xavier: Yes.Mr. Xavier: Yes. Judge Pluim: What is the other bank?Judge Pluim: What is the other bank?

GC 031549GC 031549 Mr. Xavier: Home Savings?Mr. Xavier: Home Savings? Do you have a bank account with Home Do you have a bank account with Home

Savings and Loan?Savings and Loan? Mercado: I don’t have one. I don’t know if at Mercado: I don’t have one. I don’t know if at

the present time I did, your honor.the present time I did, your honor. Judge Pluim: All right.Judge Pluim: All right. By Mr. Nacionales:By Mr. Nacionales: Q. Ms. Mercado, how do you usually have fee Q. Ms. Mercado, how do you usually have fee

agreements---are they contingency of hourly?agreements---are they contingency of hourly? Mercado: I give clients the option. They can Mercado: I give clients the option. They can

either pay me contingency or hourly. either pay me contingency or hourly. However,However,

GC 031549GC 031549 as to retainer, I never take retainer. I have as to retainer, I never take retainer. I have

taken one retainer I personally recall that taken one retainer I personally recall that was for a sheriff that wanted me to represent was for a sheriff that wanted me to represent his son-in-law. I don’t know if the checks his son-in-law. I don’t know if the checks made to me but my custom and practice made to me but my custom and practice would be not to take a retainer. If there was would be not to take a retainer. If there was any money given to me, the money would any money given to me, the money would have been reimbursed to client because it have been reimbursed to client because it would only go to the cost of the case.would only go to the cost of the case.

Judge Pluim: There is another check here, Judge Pluim: There is another check here, there is exhibit 191---192, and there is there is exhibit 191---192, and there is exhibit 193.exhibit 193.

Mercado: He showed me both.Mercado: He showed me both.

GC 031549GC 031549 Judge Pluim: Neither of these two contain Judge Pluim: Neither of these two contain

your signature?your signature? Mercado: Your honor, what I am saying, the Mercado: Your honor, what I am saying, the

signature is similar to mine. Not quite my signature is similar to mine. Not quite my signature. I don’t remember, and I don’t know signature. I don’t remember, and I don’t know if that is the signature at the time, and I don’t if that is the signature at the time, and I don’t recognize that account number. I don’t know recognize that account number. I don’t know it that was my account or not.it that was my account or not.

Judge Pluim: Do you get costs?Judge Pluim: Do you get costs? Mercado: The costs come out of case when I Mercado: The costs come out of case when I

settle case.settle case. Judge Pluim: You don’t normally get cost $2K Judge Pluim: You don’t normally get cost $2K

4K4K

GC 031549GC 031549 Mercado: No, your honor.Mercado: No, your honor. Judge Pluim: it this money was paid to my Judge Pluim: it this money was paid to my

office, it would have been anominaly. I never office, it would have been anominaly. I never asked clients to give me retainer for costs. asked clients to give me retainer for costs. When I was doing business years ago, I may When I was doing business years ago, I may have taken a retainer. If this money was paid have taken a retainer. If this money was paid to my office, there would be a record in a to my office, there would be a record in a bank. I don’t recall if the retainer was paid to bank. I don’t recall if the retainer was paid to my office. It would have gone exclusively to my office. It would have gone exclusively to trust account and exclusively for costs, and it trust account and exclusively for costs, and it would have been returned to clients when would have been returned to clients when case was settled. case was settled.

Judge Pluim: Did counsel talk to you about theJudge Pluim: Did counsel talk to you about the

GC 031549GC 031549 the two checks beforehand.the two checks beforehand. Mercado: Only opposing counsel, Mr. Jose Mercado: Only opposing counsel, Mr. Jose

Castaneda’s counsel called me last night.Castaneda’s counsel called me last night. Judge Pluim: Did counsel standing next to Judge Pluim: Did counsel standing next to

you talk to you about the two checks.you talk to you about the two checks. Mercado: he asked me to come here Mercado: he asked me to come here

today. He said there were two checks he today. He said there were two checks he had never shown them.had never shown them.

Judge Pluim: would the records of your Judge Pluim: would the records of your office show you had ever received the two office show you had ever received the two checks or not?checks or not?

GC 031549GC 031549 Mercado: my records would go back to 96. I Mercado: my records would go back to 96. I

would not have them anymore. My bank would not have them anymore. My bank records might be in storage. And I received a records might be in storage. And I received a copy of the checks from counsel.copy of the checks from counsel.

Judge Pluim: Take a look at exhibit 193.Judge Pluim: Take a look at exhibit 193. Mercado: Yes.Mercado: Yes. Judge Pluim: There are two banks on the Judge Pluim: There are two banks on the

back of this, Home Savings and Sanwa?back of this, Home Savings and Sanwa? Mercado: Yes.Mercado: Yes. Judge Pluim: If somebody were to----I don’t Judge Pluim: If somebody were to----I don’t

quite get it. Where are we going on this? Are quite get it. Where are we going on this? Are

GC 031549GC 031549 Suggesting that Jose signed her name and Suggesting that Jose signed her name and

deposited in somebody’s account at Home deposited in somebody’s account at Home Savings. I just don’t know what to make of all Savings. I just don’t know what to make of all this, counsel. Is Mrs. Mercado lying? (BINGO!)this, counsel. Is Mrs. Mercado lying? (BINGO!)

Nacionales: I only know from what the Nacionales: I only know from what the witness told me, that she does not remember witness told me, that she does not remember receiving the check. She only received a receiving the check. She only received a retainer on occasion. That is only thing I retainer on occasion. That is only thing I know. I can’t provide proof that Mr. know. I can’t provide proof that Mr. Castaneda deposited in his account. We can’t Castaneda deposited in his account. We can’t get records that far back. It is eight years. get records that far back. It is eight years. The records get destroyed.The records get destroyed.

Mr. Xavier: Counsel is testifying at this point Mr. Xavier: Counsel is testifying at this point

GC 031549GC 031549 In time.In time. Judge Pluim: Let’s finish up this testimony. Judge Pluim: Let’s finish up this testimony.

is that all?is that all? Judge Pluim: yes. That is all, your honor.Judge Pluim: yes. That is all, your honor. CROSS EXAMINATION (DAVID XAVIER)CROSS EXAMINATION (DAVID XAVIER) Xavier: Ms. Mercado, do you have your file Xavier: Ms. Mercado, do you have your file

on this case?on this case? Mercado: No, I do not/Mercado: No, I do not/ Xavier: Is it destroyed?Xavier: Is it destroyed? Mercado: After five years, the files were Mercado: After five years, the files were

destroyed. So I don’t know if it is destroyeddestroyed. So I don’t know if it is destroyed

GC 031549GC 031549 or not.or not. Xavier: You didn’t bring it with you today?Xavier: You didn’t bring it with you today? Mercado: nobody asked me to bring Mercado: nobody asked me to bring

anything.anything. Xavier: I asked yes or no?Xavier: I asked yes or no? Mercado: I spoke with you last night. You Mercado: I spoke with you last night. You

did not ask me to bring it.did not ask me to bring it. Xavier: I am asking if you brought it today?Xavier: I am asking if you brought it today? Mercado: No Sir, I did not.Mercado: No Sir, I did not. Xavier: let me show you a letter dated Xavier: let me show you a letter dated

March 3March 3rdrd, 1998., 1998.

GC 031549GC 031549 Do you recognize this letter dated March Do you recognize this letter dated March

33rdrd 1998? 1998? Mercado: Yes, that is my address and Mercado: Yes, that is my address and

letterhead.letterhead. Xavier: Is that your signature?Xavier: Is that your signature? Mercado: It must be. That is Santa Ana Mercado: It must be. That is Santa Ana

Address. It must be Mr. O’Reilly.Address. It must be Mr. O’Reilly. Xavier: That is the prior attorney who Xavier: That is the prior attorney who

referred this case or had it prior to your referred this case or had it prior to your retention on this case?retention on this case?

Mercado: I am sorry?Mercado: I am sorry?

GC 031549GC 031549 Xavier: That is attorney who either Xavier: That is attorney who either

referred this case to you or you took this referred this case to you or you took this case over from; is that correct?case over from; is that correct?

Mercado: My understanding was from Mr. Mercado: My understanding was from Mr. Jose Castaneda, was his mom’s prior Jose Castaneda, was his mom’s prior counsel, that is correct.counsel, that is correct.

Xavier: Did you ever have a bank account Xavier: Did you ever have a bank account at Home Savings?at Home Savings?

Mercado: May have.Mercado: May have. Xavier: In 1996, did you have a bank Xavier: In 1996, did you have a bank

account in Home Savings?account in Home Savings?

GC 031549GC 031549

Mercado: I may have.Mercado: I may have. Xavier: Did you bank at Home Savings Xavier: Did you bank at Home Savings

right there and your office is downtown? right there and your office is downtown? There is a facility, Home Savings there?There is a facility, Home Savings there?

Mercado: where?Mercado: where? Xavier: On Figueroa.Xavier: On Figueroa. Mercado: Yes, I did bank on Figueroa.Mercado: Yes, I did bank on Figueroa. Xavier: 660 South Figueroa Street, L.A. Xavier: 660 South Figueroa Street, L.A.

Home Savings?Home Savings?

The end misrepresentation of factsThe end misrepresentation of facts

Mercado: I don’t know what the Mercado: I don’t know what the address is. I did bank on Figueroa.address is. I did bank on Figueroa.

Mr. Xavier: Thank you.Mr. Xavier: Thank you. I have no further questions.I have no further questions. May the witness be excused, your May the witness be excused, your

honor? The court: Thank you.honor? The court: Thank you. (End of requested transcript)(End of requested transcript)

Are lawyers above the law?Are lawyers above the law? Prior to Mrs. Mercado testifying I had no Prior to Mrs. Mercado testifying I had no

Knowledge that:Knowledge that: 1) Mrs. Mercado had taken Mrs. Felicitas 1) Mrs. Mercado had taken Mrs. Felicitas

Castaneda and her daughter Alicia Castaneda Castaneda and her daughter Alicia Castaneda to 660 South Figueroa to deposit $400,000.00 to 660 South Figueroa to deposit $400,000.00 check in Mrs. Mercado’s Trust Account.check in Mrs. Mercado’s Trust Account.

2) Mrs. Castaneda was able to remember this 2) Mrs. Castaneda was able to remember this event with great deal of detail, in addition to event with great deal of detail, in addition to recalling an “investment” for $100,000.00.recalling an “investment” for $100,000.00.

(What’s with Mrs. Mercado’s faulty memory?)(What’s with Mrs. Mercado’s faulty memory?)

Are lawyers above the law?Are lawyers above the law?

3) According to Mrs. Mercado I had not 3) According to Mrs. Mercado I had not provided my brother Luis with Health provided my brother Luis with Health care!care!

4) According to Mrs. Mercado I was an 4) According to Mrs. Mercado I was an impediment in case!.impediment in case!.

5) According to Mrs. Mercado I depleted 5) According to Mrs. Mercado I depleted all the funds in the Estate of L. Castaneda.all the funds in the Estate of L. Castaneda.

6) According to Mrs. Mercado L. 6) According to Mrs. Mercado L. Castaneda left MILLIONS in his Estate!Castaneda left MILLIONS in his Estate!

7) According to Mrs. Mercado her client7) According to Mrs. Mercado her client

Are lawyers above the law?Are lawyers above the law?

Felicitas Castaneda was homeless Felicitas Castaneda was homeless because of me.because of me.

8) According to Mrs. Mercado APS or 8) According to Mrs. Mercado APS or Adult Protective Services was Adult Protective Services was investigating me for an Elder Abuse investigating me for an Elder Abuse Claim, and Mercado “volunteer” Claim, and Mercado “volunteer” testimony to Mr. Sergio Sechetestimony to Mr. Sergio Seche

(SEE LINK ABOVE URL)(SEE LINK ABOVE URL)

Are lawyers above the law?Are lawyers above the law?

As far as “investment” made at Mrs. As far as “investment” made at Mrs. Mercado’s financial institution:Mercado’s financial institution:

Who suggested investment?Who suggested investment? How Investment came back to bank?How Investment came back to bank? Who at bank took instructions to manage Who at bank took instructions to manage

money over several (8) telephone?money over several (8) telephone? What are the names of Mrs. Mercado’s What are the names of Mrs. Mercado’s

contacts at bank? And what was her contacts at bank? And what was her involvement? The truth shall set her involvement? The truth shall set her free!!free!!

FIRST AMENDMENT RIGHT TO SPEECHFIRST AMENDMENT RIGHT TO SPEECH

““IF THE FREEDOM OF SPEECH IS IF THE FREEDOM OF SPEECH IS TAKEN AWAY THEN DUMB AND SILENT TAKEN AWAY THEN DUMB AND SILENT WE MAY BE LED LIKE SHEEP TO THE WE MAY BE LED LIKE SHEEP TO THE SLAUGHTER”SLAUGHTER”

GEORGE WASHINGTONGEORGE WASHINGTON

““CENSORSHIP REFLECTS A SOCIETY CENSORSHIP REFLECTS A SOCIETY LACK OF CONFIDENCE IN ITSELF. IT IS LACK OF CONFIDENCE IN ITSELF. IT IS THE HALLMARK OF AN THE HALLMARK OF AN AUTHORITARIAN REGIME”AUTHORITARIAN REGIME”

JUSTICE POTTER STEWARTJUSTICE POTTER STEWART

FALSE STATEMENTS BY OFFICERS OF THE COURT: DEVANON, FALSE STATEMENTS BY OFFICERS OF THE COURT: DEVANON, SAM R. PAZ, SONIA MARIA MERCADO, LISA MARIE MACCARLEY, SAM R. PAZ, SONIA MARIA MERCADO, LISA MARIE MACCARLEY,

““I NEVER HAD ANYTHING TO DO WITH I NEVER HAD ANYTHING TO DO WITH HOW MRS. CASTANEDA SPENT HER HOW MRS. CASTANEDA SPENT HER SETTLEMENT MONEY, HAD NO SETTLEMENT MONEY, HAD NO INVOLVEMENT WITH WHERE SHE INVOLVEMENT WITH WHERE SHE INVESTED IT, OR WHAT SHE DID WITH INVESTED IT, OR WHAT SHE DID WITH IT” SONIA MARIA MERCADOIT” SONIA MARIA MERCADO

Q: DID YOU ORDER AND INVESTMENT Q: DID YOU ORDER AND INVESTMENT FOR CLIENT AT BANK AT 660 S. FOR CLIENT AT BANK AT 660 S. FIGUEROA? MERCADO APPARENTLY FIGUEROA? MERCADO APPARENTLY LIED!LIED!

SAM R. PAZ APPARENLTY FALSE STATEMENTS IN CASE BC SAM R. PAZ APPARENLTY FALSE STATEMENTS IN CASE BC 402096, AND BS 118244 MADE TO WIN ALMOST A MILLION $402096, AND BS 118244 MADE TO WIN ALMOST A MILLION $

““HE FORCED OUR HAND, WE JUST DID WHAT WE HAD HE FORCED OUR HAND, WE JUST DID WHAT WE HAD TO DO GET THIS ORDER” P. 5, L. 4-5 (R/T 4-13-2009)TO DO GET THIS ORDER” P. 5, L. 4-5 (R/T 4-13-2009)

““FIRST THERE IS ABSOLUTELY NO QUESTION THAT FIRST THERE IS ABSOLUTELY NO QUESTION THAT THEY ARE THE PREVALING PARTY, ABSOLUTELY NO THEY ARE THE PREVALING PARTY, ABSOLUTELY NO QUESTION. EVERYTHING WE ASKED FOR IN THE QUESTION. EVERYTHING WE ASKED FOR IN THE ORIGINAL PETITION IS IN THE STIPULATION, AND THE ORIGINAL PETITION IS IN THE STIPULATION, AND THE COURT SIGNED THE ORDER” P. 4, L. 20-23 (R/T 4-13)COURT SIGNED THE ORDER” P. 4, L. 20-23 (R/T 4-13)

““WE DON’T WANT TO GO TO COURT”, “HE FORCED US WE DON’T WANT TO GO TO COURT”, “HE FORCED US TO DO THIS” “WE DID NOT WANT TO ENGAGE WITH TO DO THIS” “WE DID NOT WANT TO ENGAGE WITH THIS MAN AT ALL”, HE FORCED US TO DO THIS” ( IF THIS MAN AT ALL”, HE FORCED US TO DO THIS” ( IF ANYTHING IS BY FORCED IT’S ILLEGAL AND WRONG!!!ANYTHING IS BY FORCED IT’S ILLEGAL AND WRONG!!!

DISHONEST ATTORNEY LISA MARIE DISHONEST ATTORNEY LISA MARIE MACCARLEY FROM GLENDALEMACCARLEY FROM GLENDALE

IT HAS BEEN PROVEN THAT ATTORNEY MACCARLEY IT HAS BEEN PROVEN THAT ATTORNEY MACCARLEY CONSPIRED WITH PAZ, MERCADO AND MY OWN CONSPIRED WITH PAZ, MERCADO AND MY OWN ATTORNEY JACK KENNETH CONWAY FROM SAN ATTORNEY JACK KENNETH CONWAY FROM SAN MARINO BECAUSE THE RUMOR APPARENTLY WAS MARINO BECAUSE THE RUMOR APPARENTLY WAS THAT LUIS LEFT MILLIONS IN HIS ESTATE AND I, HAD THAT LUIS LEFT MILLIONS IN HIS ESTATE AND I, HAD SOME HOW STOLEN MANY MILLIONS. THE PLAN WAS SOME HOW STOLEN MANY MILLIONS. THE PLAN WAS TO DRAG ME THROUGH THE COURT SYSTEM, AS TO DRAG ME THROUGH THE COURT SYSTEM, AS LAWYERS USUALLY DO TO MAKE MONEY, BY LAWYERS USUALLY DO TO MAKE MONEY, BY ENGINEERING MY LOSS IN MY CASES. LUCKILY, I ENGINEERING MY LOSS IN MY CASES. LUCKILY, I FOUND DAVID A XAVIER WHO KNEW THE TRUTH AND FOUND DAVID A XAVIER WHO KNEW THE TRUTH AND WILL TESTIFY OF HIS NON INVOLVEMENT IN THE WILL TESTIFY OF HIS NON INVOLVEMENT IN THE THEFT OF MILLIONS FROM THE ESTATE OF LUIS THEFT OF MILLIONS FROM THE ESTATE OF LUIS CASTANEDA, WHO DIED IN JAIL!CASTANEDA, WHO DIED IN JAIL!

THE “TRIER OF FACTS, OR LIES”, JUDGE THE “TRIER OF FACTS, OR LIES”, JUDGE JOSEPH F. DEVANON, WHO ALSO LIES JOSEPH F. DEVANON, WHO ALSO LIES

““HE NEVER CONTACTED THE COURT” Judge DeVanon AT HE NEVER CONTACTED THE COURT” Judge DeVanon AT TRIAL ON FEBRUARY 22, 2010.TRIAL ON FEBRUARY 22, 2010.

THIS IS A PROVEN LIED BY COURT MANAGER CHARLES THIS IS A PROVEN LIED BY COURT MANAGER CHARLES LOVE WHO CONFIRMS THAT THE MC-50 WAS FILED ON LOVE WHO CONFIRMS THAT THE MC-50 WAS FILED ON FEBRUARY 22, 2010 BUT WITHHELD INTENTIONALLY BY THE FEBRUARY 22, 2010 BUT WITHHELD INTENTIONALLY BY THE COURT TO STEAL MY PROPERTY.COURT TO STEAL MY PROPERTY.

IN FACT, ATTORNEY AND CONSPIRATOR EMAHN COUNTS IN FACT, ATTORNEY AND CONSPIRATOR EMAHN COUNTS TOLD STATE BAR INVESTIGATOR THAT THE MC-50 WAS TOLD STATE BAR INVESTIGATOR THAT THE MC-50 WAS FILED ON FEBRUARY 19, 2010! COUNTS IS JUST ANOTHER FILED ON FEBRUARY 19, 2010! COUNTS IS JUST ANOTHER DISHONEST INDIVIDUAL THAT LIES. FOR PROOF, LA COUNTY DISHONEST INDIVIDUAL THAT LIES. FOR PROOF, LA COUNTY BAR ORDER HIM TO RETURN MY MONEY!BAR ORDER HIM TO RETURN MY MONEY!

THE LIAR AND PERJURER ATTORNEY THE LIAR AND PERJURER ATTORNEY JACK KENNETH CONWAYJACK KENNETH CONWAY

MR. SHOMER: “GOOD MORNING YOUR HONOR. IVAN SHOMER MR. SHOMER: “GOOD MORNING YOUR HONOR. IVAN SHOMER STANDING IN FOR JACK CONWAY WHO WILL BE MR. STANDING IN FOR JACK CONWAY WHO WILL BE MR. CASTANEDA ATTORNEY OF RECORD.” CASTANEDA ATTORNEY OF RECORD.” (R/T 1-13-09, P.1, L. 21-(R/T 1-13-09, P.1, L. 21-23) 23)

CONWAY: “IF WE LOOK AT THE ACTIVITY THAT HAS BEEN CONWAY: “IF WE LOOK AT THE ACTIVITY THAT HAS BEEN DONE IN THIS CASE, WE HAVE A TRO THAT WAS ISSUED ON DONE IN THIS CASE, WE HAVE A TRO THAT WAS ISSUED ON JANUARY 13, 2009, THAT WAS BEFORE I WAS INVOLVED IN JANUARY 13, 2009, THAT WAS BEFORE I WAS INVOLVED IN THE CASE AS THE ATTORNEY BEFORE I WAS RETAINED.” THIS THE CASE AS THE ATTORNEY BEFORE I WAS RETAINED.” THIS IS A LIE!!! IS A LIE!!! (R/T 4-13-09, P. 7, L. 6-9)(R/T 4-13-09, P. 7, L. 6-9)

JUDGE RITA “SUNNY” MILLER TO CONWAY: “WHEN WERE YOU JUDGE RITA “SUNNY” MILLER TO CONWAY: “WHEN WERE YOU RETAINED FOR THIS CASE?”RETAINED FOR THIS CASE?”

MR. CONWAY: “YOUR HONOR, I WAS RETAINED FOR THIS MR. CONWAY: “YOUR HONOR, I WAS RETAINED FOR THIS PARTICULAR CASE IN THE EARLY PART OF FEBRAURY, PARTICULAR CASE IN THE EARLY PART OF FEBRAURY, FEBRUARY 2FEBRUARY 2NDND, FEBRUARY 3, FEBRUARY 3RDRD” THIS IS ANOTHER LIE OF MANY ” THIS IS ANOTHER LIE OF MANY BY CONWAYBY CONWAY

THE CONSPIRACY IS PROVEN BY THE THE CONSPIRACY IS PROVEN BY THE SIGNING OF THE STIPULATION 2-2-09!! SIGNING OF THE STIPULATION 2-2-09!!

THE QUESTION BEFORE A COMPETENT COURT IS: WHO WAS THE QUESTION BEFORE A COMPETENT COURT IS: WHO WAS THE BIGGEST LIAR, MERCADO OR CONWAY?. DID MERCADO THE BIGGEST LIAR, MERCADO OR CONWAY?. DID MERCADO LIED IN THE ERRATA DECLARATION THAT WAS FILED ON MAY LIED IN THE ERRATA DECLARATION THAT WAS FILED ON MAY 3, 2009, OR WAS ATTORNEY CONWAY NOT ONLY LYING BUT 3, 2009, OR WAS ATTORNEY CONWAY NOT ONLY LYING BUT PROVING THAT THE CONSPIRACY WAS ALREADY ON ITS PROVING THAT THE CONSPIRACY WAS ALREADY ON ITS TRACKS. HOW CAN CONWAY NOT RESPOND TO COMPLAINT TRACKS. HOW CAN CONWAY NOT RESPOND TO COMPLAINT NOR INTERROGATORIES? WHY WOULD CONWAY NOT PRESENT NOR INTERROGATORIES? WHY WOULD CONWAY NOT PRESENT ALL EVIDENCE PRESENTED REGARDING THE JANUARY 4, 2008 ALL EVIDENCE PRESENTED REGARDING THE JANUARY 4, 2008 LAST WILL AND TESTAMENT HE FILED IN PROBATE, THE LAST WILL AND TESTAMENT HE FILED IN PROBATE, THE JANUARY 4, 2008 FALSE, FABRICATED DECLARATION OF JANUARY 4, 2008 FALSE, FABRICATED DECLARATION OF SUSANA CASTANEDA OF A PURPORTED VISIT TO SEE MOTHER SUSANA CASTANEDA OF A PURPORTED VISIT TO SEE MOTHER AT HOSPITAL WHEN NO MOTHER WAS NOT IN HOSPITAL, THE AT HOSPITAL WHEN NO MOTHER WAS NOT IN HOSPITAL, THE CHECK PAID TO CONWAY ON JANUARY 4, 2008, THE CHECK CHECK PAID TO CONWAY ON JANUARY 4, 2008, THE CHECK DEPOSITED ON JANUARY 4, 2008, AND WHY WOULD CONWAY DEPOSITED ON JANUARY 4, 2008, AND WHY WOULD CONWAY SETTLE THE CASE ON FEB. 2, 2009 WITH PAZ & BERKE?SETTLE THE CASE ON FEB. 2, 2009 WITH PAZ & BERKE?

THE CORRUPTION IN THE CORRUPTION IN SUPERIOR COURTSUPERIOR COURT

IT IS CLEAR THAT IN THE READING OF THE “LAW” IN MY IT IS CLEAR THAT IN THE READING OF THE “LAW” IN MY CASES, A COURT TRANSFORMS IMPERFECT MEMORY IN LEGAL CASES, A COURT TRANSFORMS IMPERFECT MEMORY IN LEGAL PRECEDENT, AND MISSING AUTHORITY INTO PERFECT REASON. PRECEDENT, AND MISSING AUTHORITY INTO PERFECT REASON. THE COURT’S DECISION, BASED ON FAULTY MEMORY, NO THE COURT’S DECISION, BASED ON FAULTY MEMORY, NO RECORDS, A MISREAD ING OF THE STATE CONSTITUTION, AND RECORDS, A MISREAD ING OF THE STATE CONSTITUTION, AND A REPEALED STATUTED, UNANIMOUSLY DETERMINES THAT IT A REPEALED STATUTED, UNANIMOUSLY DETERMINES THAT IT SHOULD BE WHAT THE JUDGE SAYS IT IS. WHETHER ONE WINS SHOULD BE WHAT THE JUDGE SAYS IT IS. WHETHER ONE WINS OR LOSES IN THE WHEEL OF FORTUNE THAT IS THE LAW A OR LOSES IN THE WHEEL OF FORTUNE THAT IS THE LAW A DEFINITIVE FACTOR IS OFTEN THE JUDGE ON THE CASE. FOR DEFINITIVE FACTOR IS OFTEN THE JUDGE ON THE CASE. FOR PROOF, AT ONE POINT IN THE “PARTITION” CASE JUDGE PROOF, AT ONE POINT IN THE “PARTITION” CASE JUDGE DEVANON SHOUTED: “I DID NOT HEAR THE OBJECTION” THIS DEVANON SHOUTED: “I DID NOT HEAR THE OBJECTION” THIS WAS BECAUSE ATTORNEY MACCARLEY WAS SLEEPING AT WAS BECAUSE ATTORNEY MACCARLEY WAS SLEEPING AT TRIAL. IF SHE HAD BEEN HONEST, SHE WOULD HAVE SAID: TRIAL. IF SHE HAD BEEN HONEST, SHE WOULD HAVE SAID: “YOUR HONOR, I DID NOT OBJECT”, BUT INSTEAD JUST “YOUR HONOR, I DID NOT OBJECT”, BUT INSTEAD JUST PARROTED: “OBJECTION” AND DEVANON: “SUSTAINED”PARROTED: “OBJECTION” AND DEVANON: “SUSTAINED”