Court transcript

I just got a Clerk's Transcript and a Reporter's Transcript from the local court. Here is the 15-page transcript from one particular hearing:

COPY

1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 IN AND FOR THE COUNTY OF SANTA CRUZ
3
4 Jill AngryDad (Txxxxxx),
5 APPELLANT(S),)
6 VS. )SUPERIOR COURT
7 )No. F10xxxxx
8 George AngryDad,
9 RESPONDENT
10
11 APPEAL FROM THE SUPERIOR COURT OF SANTA CRUZ COUNTY
12 HONORABLE IRWIN H. JOSEPH, COMMISSIONER
13 REPORTER'S TRANSCRIPT ON APPEAL
14 THURSDAY, MAY 18, 2006
15
16 APPEARANCES:
17
18 FOR THE APPELLANT(S): IN PROPRIA PERSONA
19 FOR THE RESPONDENT(S): IN PROPRIA PERSONA
20
21
22
23 REPORTED BY: KENNETH G. Kxxxx, CSR 3476
24 VOLUME 1 OF 1
25 Pages 1 through 15, incl.
26

2

00 1 THE COURT: I'll go next to AngryDad on
,00 2 line four if that's ready.
00: 00: 13 3 Appearances, please. Say your name.
00:00:16 4 MR. AngryDad: My name is George AngryDad
00 00: 17 5 representing myself.
00 00: 19 6 THE MOTHER: Jill AngryDad.
00:00:21 7 THE COURT: Okay. Let's have both parties
00 00 23 8 sworn.
00 00 23 9 George AngryDad AND Jill AngryDad
0 00 23 10 Having been duly sworn, testified
0 00 37 11 as follows:
0 00 37 12 THE COURT: Thanks. Please have a seat.
00:00:3813 1 think this is on calendar for two reasons.The
R .39 14 first reason is Miss AngryDad's -- sorry.
00 00: 5 6 15 You've taken a former name and I've
00 00 58 16 forgotten to write it down.
00 01 0 3 17 MS. AngryDad: AngryMom.
00 01 03 18 THE COURT: Miss AngryMom's motion for
00:01:0319 attorneys fees. And she breaks that into three
00:01:0520 categories. What she calls needs based, sanctioned
00:01:11 21 based, and appellate.
00:01:1122 It's also on for a status conference
00:01:1123 because there's still property issues to be dealt
00 : 01 : 13 24 with in the case.
00:01:1825 So does either of you have anything to
1826 add to the voluminous pleadings that I've read in

3

00:01:23 1 this case and reviewed in this case in preparation
R24 2 for today? Moving party, anything to add?
00:01:31 3 THE MOTHER: Nothing unless you want to
00: 0 1 32 4 see the billing records.
00 0 1 33 5 THE COURT: Nope. Sir, anything to add?
00 0 1 37 6 THE FATHER: Yes. I'm disputing several
00:01:41 7 things from Miss Jennifer Gray's declaration. And
00 : 01 :4 5 8 if that's to be considered, I'd like to have an
00:01:48 9 opportunity to cross-examine her.
00 01 52 10 THE MOTHER: She's available for
00 01 57 11 cross-examination.
00 01 57 12 THE COURT: No. We don't do that on this
00 01 57 13 calendar. What is it you're disputing
'00 14 specifically?
00:02:01 15 THE FATHER: I said in my brief.I am
00 : 02 : 02 16 disputing the length of time she's spent on the
00:02:0417 case. I'm disputing whether or not she's won every
00:02:0718 motion. I'm disappointing whether or not I've been
00 : 02 : 10 19 in transigent; those are three things I'm
00: 02: 14 20 disputing. I think I mentioned a couple other
00 02 18 21 things in my brief.
00 02 18 22 THE COURT: Anything you didn't mention in
00:02:2023 your brief you want me to consider at this point,
00: 02:22 24 because I read your brief. I read everything that
00: 02: 2 9 25 both of you filed.
H :3426 MR. AngryDad: Anything else? Well

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00: 02 : 34 1 you're -- you're saying you're not giving me an
0c -__ Al 2 opportunity to cross-examine Miss Jennifer Gray?
0 0 2 4 1 3 THE COURT: I'm saying on a motion
0 0 2 4 1 4 calendar you provide evidence in the form of
00: 02 53 5 declarations or points and authorities or
00: 02 53 6 persuasive argument. And in your case, you've
00:02:53 7 provided declarations, you've provided argument,
00:02:56 8 you provided points and authorities as to several
00 : 02 : 5 9 9 of the issues with which you took issue, which you
00: 03: 02 10 disputed.
00: 03 : 03 11 So now I'm asking is there anything else
00:03:0812 you want to add to that which I read in your file
0 03 : 0 9 13 in preparation for this morning?
R;iq 14 THE FATHER: No, just what I said in my
00 : 03 : 27 15 brief and the fact that I would like to
00:03:2916 cross-examine Miss Jennifer Gray if her declaration
00: 03: 35 17 is to be considered because I think there's a
0 03 37 18 number of statements there that are -- that are
0 03 3 9 19 seriously misleading and that only through
00:03:5120 testimony will we draw out exactly how she has
00:03:5821 spent all this money and whether or not she
00: 03: 58 22 deserves to be reimbursed for any of it.
00: 04: 01 23 THE COURT: Have you seen the billing
00: 04: 02 24 records?
00: 04: 03 25 MR. AngryDad: Yes, I have.
00 ~04 26 THE COURT: Okay. And did you spend any

5

0 : 04 : 07 1 part of your declaration or pleadings that I may
00 lo 2 have missed contesting any part of those billing
00: 04 :13 3 records, because I don't remember -- I do remember
00: 04 : 15 4 you questioning the amount of time. You said it
00:04-18 5 was 16 months not almost two years or 22 months. I
00:04:22 6 do remember that you questioned your being at fault
00 : 0 4 : 27 7 or not. I do remember that you questioned the
00:04:33 8 repetitiveness of some of the pleadings or the
00: 0 4 3 6 9 redundancy of some of the pleadings.
00: 0 4 38 10 Is there something else that you want me
00 0 4 4 5 11 to consider? Because normally -
00 04 4 5 12 MR. AngryDad: I think that's all of it.
00:04:4513 I don't think she's done anything that's been worth
X :47 14 while at all.
00: 04: 4 8 15 THE COURT: I understand that's your
00 : 04 : 4 9 16 position.
00: 0 4: 4 9 17 Is there anything else that I didn't have
00: 0 4: 57 18 before me that you want me to consider today?
00:05:10 19 MR. AngryDad: Just that I'd like to
00:05:1120 respond in detail to her claims. And I believe
00:05:1521 only by cross-examining her can we understand the
00 : 05: 19 22 exact nature of her claims.
00: 05:20 23 THE COURT: No. Cross-examination would
00: 05:22 24 only provoke argument.
00: 05:23 25 If you have a different position, you do
2626 that by asserting that position in your responsive

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00:05:29 1 papers. That's the way you do it on motion
R.31 2 calendar.Every time there's a dispute you don't
00 : 05: 3 6 3 bring in witnesses in a family law or other civil
00: 05: 3 9 4 matter.
00:05:40 5 On this calendar, it's done by
00: 05 : 42 6 declaration, by other evidence, by documentary
00:05:49 7 proof, by information adduced through discovery.
00:05:54 8 By the presentation of documents or other tangible
00:06:01 9 evidence and argument of course.
00: 06: 05 10 Anything else you want me to consider
0 0 6: 07 11 today?
0 0 6: 0 9 12 MR. AngryDad: Okay. Well, my -- I
00:06:1513 disputed what she said in my brief that I guess was
X :2014 not under oath. I'd like to say under oath to
00:06:2315 reiterate that, that I do dispute much of what she
00 : 0 6: 32 16 says; that I believe that -- I dispute that I've
00:06:3917 been in intransigent. I dispute the length of time
00:06:3918 she's been on the case. I dispute that she's done
00:06:4419 anything worthwhile in this case. I believe she's
00:06:4420 been -- that her involvement in this case has been
00: 0 6: 4 9 21 destructive in its entirety.
00: 06: 4 9 22 THE COURT: Okay. Anything else?
00: 0 6: 57 23 MR. AngryDad: No.
00: 06: 57 24 THE COURT: Anything else?
00: 06: 57 25 THE MOTHER: No.
:5726 THE COURT: Okay. The Court wasn't given

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00:07:01 1 all the information as cleanly and exactly as I
)c .07 2 would have liked but given the facts that I'm
00 : 07 : 08 3 dealing with, people not experienced in family law,
00:07:1o 4 I'll take that as a given.
00 07 12 5 So I did my own calculation.
00 07 15 6 First, the Court notes that on May 13th
00 07 :17 7 of 2005, fees were assessed by Judge Kelly. And
00:07:22 8 this Court believes that the fees were assessed at
00:07:27 9 that time in addition to whatever previous orders
00:07:3310 exist accommodate the outstanding billings as of
0 07 3 4 11 that date, which were 40,452.
0 0 7 4 0 12 Based on the information I received at
00: 07 :4 3 13 the most recent -- in the most recent batch of
00 A614 pleadings, the billings all together total $54,892
00:07:5315 leaving a balance of $14,440 that this Court
0 0 8 00 16 believes subject to section 2030 and 2032
0 08 0 6 17 consideration.
00 08 0 6 18 This Court believes that given the
00:08:1219 disparity in income and available monies to both of
00: 08: 13 20 these parties, that Mr. AngryDad, that is
00:08:1821 Respondent in this case, should pay $10,000 of the
00 : 08 : 2 1 22 14, 440 .
00: 08:22 23 With respect to the appeal, the
00:08:3124 Respondent -- the Petitioner's request for $50,000
00:08:3125 is ludicrous given the very finite nature of the
:3926 issue on appeal. I'll call it small but I don't

8

00:08:46 1 mean that to infer unimportant but rather just how
00 .48 2 much -- how much work will be required to prepare a
00:08:51 3 response to what I expect to be Appellant's opening
00: o8:55 4 brief.
00 0 8 55 5 The court grants $5,000 as Appellate
00 08 58 6 attorneys fees;.
00 0 9: 03 7 That's a total of $15,000 payable in
0 0 9: 03 8 $5,000 intalments.
0 0 9: 03 9 The first installment due the first of
00: 09: 07 10 July and then first of each month until paid in
00 0 9: 07 11 full.
00 0 9: 0 8 12 This is above and beyond any other fees
00:09:1013 assessed in this case pursuant to 2030; and I don't
00:15 14 think there have been any 271 fees, but if there
00:og:iB 15 have been,in addition to those as well.
00: 0 9 : 2 0 16 So, Miss AngryDad, I'll ask you as moving
00:09:2317 party to please prepare an order after hearing.
00: 0 9: 2 5 18 And the facilitator can help you with that if
00: 0 9: 27 19 you're not sure how to get that done. Have it sent
00:09:3020 over to Mr. AngryDad for review pursuant to rule -
00: 0 9: 3 3 21 local rule 391. Sorry. To California rule of
00:09:3722 Court 391. And then it can be presented to the
00: 09: 4 0 23 court.
00: 09: 4 0 24 With respect to the status conference,
00:09:4225 I'm going to assume that from your perspective most
A626 everything has been on hold with regard to the

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00:09:48 1 property issues. And I don't really see a need for
R52 2 you to come back to Court promptly. So I'll give
00: 0 9: 54 3 you October the 16th at 8:30 as a return for your
00: 0 9: 57 4 status conference date, October 16 at 8:30.
00:10:01 5 If you're able between now and then to
00 :10: 03 6 work out issues relating to the outstanding
00 :10 : 05 7 property issues in the case, certainly I'll
00:10:08 8 appreciate it because it will narrow the scope of
00:10:10 9 work that we need to do together. And that will do
00 : 10 : 18 10 it. Thank you.
00:10:1811 THE MOTHER: Can I address a matter
00:lo:1812 that's not on but I otherwise I'd have to bring a
00 : 10 : 22 13 motion -
2214 THE COURT: Tell me what it is and then
00:10:2315 we'll see if there's a stipulation that it can be
00 10 2 5 16 heard today or not.
00 10 27 17 MS. AngryDad: All right. It's come to
00:10:2918 my attention Mr. AngryDad does not believe there
00:10:3119 is a summer schedule or holiday schedule ordered by
00:10: 34 20 the Court.
00:10:3521 He -- and this came to my attention when
00:10:3822 1 called him up to confirm me taking the kids for
00: 10 : 4 1 23 Mother's Day -- he said, well, I'll let you have
00: 10: 44 24 them but there's no order by the Court.
00:10:4525 So, well, thank you very much, but there
4726 is an order by the Court and we'll do that.And

10

this -- this affects the whole summer schedule which I've already planned
already. Two weeks were
allocated to each parent throughout the summer.
THE COURT: Sorry for the interruption. In preparation for
today, did you look through
your file so you can give me the date of the summer schedule that you say was
agreed upon as part
of the Court's file? I'm assuming Family Court Services --
THE MOTHER: The recommendation of Dr. Johnson for a summer and
a holiday
schedule which kept -- was kept in place. And December 12th we just changed the
custody around
during the school year. Week on week off. He does not believe there's a holiday
or summer schedule
now in place.
THE COURT: Give me just a moment then I'll ask you for your
comments.
I'm looking at the November 8, 2004 report from Dr. Johnson
including the
recommendations filed with the Court November 8, 2004. And I haven't looked for
this before. But
maybe I can head off an issue here by just talking with you for a moment. Is
there an order
incorporating or adopting those recommendations?
MS. AngryDad: There's no findings and

11

00: 12 : 12 1 order after hearing written which is a problem. I
12 2 should have written one up because now I don't have
00: 12 :12 3 an order to hand -
00 :12 :18 4 THE COURT: Is there a minute order that
00:12:18 5 Judge Kelly would have indicating Judge Kelly was
00 : 12 18 6 adopting the recommendations?
00: 12 19 7 MS. AngryDad: Yes . That was -
00:12:21 8 Dr. Johnson's recommendations were adopted pending
00 : 12 2 4 9 the trial.
00: 12 2 5 10 THE COURT: Is that your recollection,
00: 12 30 11 sir?
00 :12 3 0 12 MR. AngryDad: Some of his
00:12:3013 recommendations were adopted on a temporary basis.
;3614 THE COURT: Has there been anything to --
00:12:3815 anything contrary to those recommendations since
00 12 :4 2 16 November of '04?
0 12 53 17 MR. AngryDad: Well, yes. But -
0: 12 56 18 THE COURT: You tell me what that is.
00: 13: 07 19 MR. AngryDad: Well, we've had a couple
00 13 12 20 schedule changes since then. But -
00 13 31 21 THE COURT: So I'm looking at the minute
00:13:3222 order dated September 16th; Judge Kelsay was here
00:13:3723 on that date. And the Court then advised that its
00: 13: 38 24 in receipt of Dr. Johnson's recommendations.
00:13:4025 Pending evidentiary hearing the Court
:4526 temporarily adopts the recommendations of

12

00:13:45 1 Dr. Johnson re time share and items 12 through 22.
R.49 2 Time share would include the summer schedule.
0 13 57 3 MR. AngryDad: Yes,and that was adopted
0 13 5 9 4 temporarily.
0 13 5 9 5 THE COURT: Okay. So has there been any
00: 14 02 6 event in the Court -
00: 14 04 7 MR. AngryDad: I -
00 : 14 05 8 THE COURT: -- that terminates that
00:14:07 9 temporary order or modifies that temporary order?
00: 14: 11 10 MR. AngryDad: Yes. We've had a couple
00: 14 : 11 11 of schedule changes since then.
00:14:1312 THE COURT: Has there been orders by the
00 : 14 :15 13 Court or just things you've agreed upon?
00:18 14 MR. AngryDad: Yes. I guess what I'd
00 :14 : 2 0 15 like to head off here is that -- I mean, she seems
00:14:2316 to be asking you to make some sort of order about
00 :14 25 17 this today.
00 :14 25 18 THE COURT: No, I'm trying to find out if
00:14:2719 the two of you recognize where this case will go if
00:14:3120 there's a logical and likely conclusion to Miss
00: 14: 38 21 AngryMom's claim.
00: 14: 39 22 MR. AngryDad: Okay. But it's -
00:14:4023 THE COURT: I'm not making rulings today
00: 14:4 3 24 because it's not before me today.
00: 14: 44 25 MR. AngryDad: I understand that. But
00:4526 it's not clear to me that there's and actual

13

0 14 : 4 8 1 disputed issue here. Mother's Day was last
H53 2 weekend; okay? She got the kids for Mother's Day.
0 14 5 6 3 I don't know what the actual dispute is.
0 14 5 8 4 THE COURT: Okay.
0 14 5 9 5 MS. AngryDad: The dispute is that by May
00:15:02 6 15th I'm supposed to pick the two weeks of the
00:15:05 7 summertime and give it to him and then I get those
00:15:07 8 two weeks. Plane tickets have already been bought.
00:15:11 9 There are several occasions throughout the summer
00:15:1210 based upon the schedule that was ordered by the
00:15:1411 Court and we've been following for the last
00: 15 17 12 two-and-a-half years.
00: 15 17 13 THE COURT: All right. Well -
00;19 14 MR. AngryDad: I'm not contesting her
00: 15 : 22 15 taking that trip. That's -- that's okay with me.
00: 15: 2 7 16 THE COURT: So maybe what the two of
00: 15 2 8 17 you -
00: 15 2 9 18 MR. AngryDad: It's not an issue as far
00:15:31 19 as I'm concerned.
00: 15: 32 20 THE COURT: What mother should do is put
00:15:3421 together a summer schedule in writing, transmit it
00 :15: 4 1 22 to father.
00: 15: 4 1 23 MS. AngryDad: I already did that.
00 :15: 4 1 24 THE COURT: And did you receive such a
00 :15: 4 1 25 schedule, sir?
00:42 26 MR. AngryDad: Yes.

14

00: 15: 4 3 1 THE COURT: Do you agree or disagree with
44 2 the written schedule?
00: 15 4 5 3 MR. AngryDad: I agree with it.
00: 15 4 6 4 THE COURT: Okay. Did I just head off a
00: 15 50 5 motion?
00 : 15: 50 6 MS. AngryDad: No, you didn't, because he
00:15:51 7 agrees with it now but he does not believe there's
00:15:53 8 an order in place. He at his whim and his decision
00 :15: 55 9 not to be generous could decide not --
00 : 15: 57 10 THE COURT: Sir,are you willing to sign a
00:15:5811 stipulation that you agree to it if the piece of
00:16:0112 paper that you received is attached to such a
00 16: 0 6 13 stipulation?
00:0714 MR. AngryDad: She wants that summer
00 16: 08 15 schedule to be stipulated by the Court?
00:16:1316 THE COURT: She wants it ordered by the
00 : 16: 14 17 Court.
00: 16: 14 18 MR. AngryDad: To say that she can
00:16:1619 take -- I guess we could stipulate to a summer
00 :16: 2 8 20 schedule if -
0 16: 2 9 21 THE COURT: Not "a summer schedule." "The
0 16: 3 1 22 summer schedule" that she has given you.
00:16: 33 23 MR. AngryDad: That she has given me?
00 : 16: 35 24 THE COURT: Yes.
00: 16: 3 6 25 MR. AngryDad: Yeah, I'm agreeable to
00:39 26 stipulate to that.

15

00 16:39 1 THE COURT: All right. Prepare it and
0041 2 I'll sign it.
0 16: 4 2 MS. AngryDad: All right.
0 16: 4 2 4 THE COURT: Thank you.
0 16. 4 5 5 MS. AngryDad: Thank you.
6 (END OF PROCEEDINGS)

The numbers on the left are times and line numbers. They didn't scan very well. Normally, I would delete the numbers and reformat it, but I am leaving the numbers in. My ex-wife might want to cite line numbers in court papers.