| 
								    R. Leonard, C.S.R., Inc. 
<br />Certified Shorthand Reporters 
<br />818.995.2449 
<br />SHEET 
<br />37 PAGE 145 
<br />PAGE 
<br />147 
<br />09:45:13 
<br />1 
<br />AND I SAID 'WHAT DO YOU MEAN?" 
<br />1 
<br />TO ARCHITECTS, I WAS ABOUT TO LOSE OUT ON AN OPPORTUNITY 
<br />09:45:13 
<br />2 
<br />HE SAID "HILL, MAYBE HE NEEDS TO PRESENT THAT 
<br />2 
<br />AND I WAS LOOKING FOR HELP TO MAKE THE GUY I HAD 
<br />3 
<br />HE HAS MORE INFORMATION ABOUT THE PRODUCT, THE C014PANY 
<br />3 
<br />ENTRUSTED WHO HAD MISREPRESENTED TO ME. 
<br />4 
<br />AND HE'S JUST COMING ACROSS AS A BROKER,' AND MY 
<br />09;45:13 
<br />4 
<br />I HAD NEVER IN 14Y LIFE GOTTEN SO MAD AT A 
<br />5 
<br />BROTHER HAD MET WITH HIM IH PASSING ONCE OR TWICE AND 
<br />5 
<br />PERSON TO THAT DAY. I STILL 3EMEMBER A COUPLE TIMES 
<br />6 
<br />SAID "I WOULDN'T BELIEVE THAT GUY SO HOW'S THE WORLD 
<br />6 
<br />WHEN MY WIFE SAID YOU'RE GOING TO HAVE A HEART ATTACK. 
<br />7 
<br />GOING TO BELIEVE THAT GUY'? 
<br />7 
<br />I JUST COULD NOT BELIEVE HE WAS GOING TO MAKE NO 
<br />D9:45:13 
<br />8 
<br />AND SO RACHEL AND HIM DECIDED THAT MAYBE HE 
<br />8 
<br />TRACTION ON A DEAL THAT I WAS ACQUIRING AT THE RIGHT 
<br />9 
<br />NEEDED TO REFER TO HIMSELF AS A CFO, NOT SOMETHING I WAS 
<br />9 
<br />PRICE AND IT STARTED TO BECOME BAD FOR MY HEALTH TO HAVE 
<br />10 
<br />REALLY IN FAVOR OF BUT WE FIGURED PUT HIM ON A SHORT 
<br />10 
<br />ANY RELATIONSHIP WITH SEAN DALESANDRO. 
<br />11 
<br />WINDOW, SEE IF THAT MAKES A DIFFERENCE. 
<br />09:45:13 
<br />11 
<br />Q SO GOING BACK TO THE CONVERSATION IN YOUR 
<br />09:45:13 
<br />12 
<br />IT NEVER MADE A DIFFERENCE, HE CAME TO ME AND 
<br />12 
<br />BROTHER'S LIVING ROOM WHERE YOU DECIDED TO HAVE BUSINESS 
<br />13 
<br />SAID "I CAN'T GET THIS DEAL CAPITALIZED SO YOU CAN 
<br />13 
<br />CARDS PRINTED, YOU FELT THAT WHILE THE BUSINESS CARDS 
<br />14 
<br />DEVELOP AN $80 MILLION PROJECT. JUST I CAN'T DO IT. 
<br />14 
<br />WOULD SAY HE WAS CHIEF FINANCIAL OFFICER THAT, IN FACT, 
<br />15 
<br />THE ENTITLEMENT RISK IS SUCH I CAN'T DO IT," 
<br />15 
<br />WAS NOT GOING TO BE TRUE; IS THAT CORRECT? 
<br />09:45:13 
<br />16 
<br />Q SO YOU HAD A 30-MINUTE CONVERSATION IN 
<br />09:45:13 
<br />16 
<br />MR. BISNO: OBJECTION. MISSTATES THIS WITNESS'S 
<br />17 
<br />JANUARY OF 2011 IN YOUR BROTHER JEREMY'S LIVING ROOM? 
<br />17 
<br />PRIOR TESTIMONY. OBJECTION, ASSUMES FACTS NOT IN 
<br />D9:45:13 
<br />18 
<br />A CORRECT. 
<br />18 
<br />EVIDENCE, 
<br />09:45:13 
<br />19 
<br />Q NOW, YOU HAD ALREADY GIVEN MR. DALESANDRO 
<br />09:45:13 
<br />19 
<br />Q BY MR. RUBINER: YOU CAN ANSWER. 
<br />09:45:13 
<br />20 
<br />$32,000 AT THAT TIME? 
<br />09:45:13 
<br />20 
<br />A PLEASE RESTATE THE QUESTION. 
<br />09:45:13 
<br />21 
<br />A I DON'T KNOW IF IT WAS 32 AT THAT TIME, I 
<br />09:45:13 
<br />21 
<br />MR. RUBINER: CAN YOU REPEAT THE QUESTION, MADAM 
<br />22 
<br />DON'T KNOW THE TTME FRAME IN WHICH WE GAVE THE CHECKS 
<br />22 
<br />REPORTER. 
<br />23 
<br />BUT CHECKS WERE BEING CUT EVERY MONTH. I THINK IT WAS 
<br />09:45:13 
<br />23 
<br />(QUESTION READI . 
<br />24 
<br />8,000 A MONTH, AT THAT TIME IT MIGHT HAVE BEEN THREE 
<br />09:45:13 
<br />24 
<br />MR. BISNO: AND DO YOU HAVE MY OBJECTIONS IN MIND? 
<br />25 
<br />CHECKS. I DON'T KNOW. 
<br />09:45:13 
<br />25 
<br />THE WITNESS: PLEASE RESTATE THEM, BOB, 
<br />145 
<br />147 
<br />PAGE 146 
<br />PAGE 
<br />148 
<br />09:45:13 
<br />1 
<br />Q AND WHOSE IDEA WAS TT TO HAVE BUSINESS CARDS 
<br />09:45:13 
<br />1 
<br />MR. BISNO: MADAM COURT REPORTER, WOULD YOU BE KIND 
<br />2 
<br />CREATED THAT SAY CHIEF FINANCIAL OFFICER? 
<br />2 
<br />ENOUGH TO, WITH THE CONSENT OF COUNSEL, TO REREAD MY 
<br />09:45:13 
<br />3 
<br />MR. BISNO: OBJECTION. ASKED AND ANSWERED. THIS 
<br />3 
<br />OBJECTIONS. 
<br />4 
<br />WITNESS HAS PREVIOUSLY TESTIFIED IT WAS AN IDEA BETWEEN 
<br />09:45:13 
<br />4 
<br />MR, RUBINER: YEAH, YOU CAN REREAD THE LONG 
<br />5 
<br />MR. DALESANDRO AND RACHEL OGULNICK. HE HAS BEEN CLEAR 
<br />5 
<br />SPEAKING OBJECTION THAT WAS MADE IN VIOLATION OF THE 
<br />6 
<br />ON THAT. 
<br />6 
<br />COURT RULES. 
<br />09:15:13 
<br />1 
<br />Q BY MR. RUBINER: WAS MR. DALESANDRO PRESENT IN 
<br />09:45:13 
<br />7 
<br />(RECORD READ). 
<br />8 
<br />YOUR BROTHER'S LIVING ROOM? 
<br />09:45:13 
<br />B 
<br />MR. BISNO: THANK YOU. 
<br />09:45:13 
<br />9 
<br />A NO. 
<br />09:45:13 
<br />9 
<br />Q BY MR. RUBINER: YOU CAN ANSWER. 
<br />09:45:13 
<br />10 
<br />Q NOW, WHO RAISED THE IDEA OF BUSINESS CARDS 
<br />09:45:13 
<br />10 
<br />A AS I TESTIFIED BEFORE, THIS WAS NOT MY IDEA. 
<br />11 
<br />SAYING CFO IN YOUR BROTHER'S LIVING ROOM? 
<br />11 
<br />IT WAS SOMETHING JEREMY AND RACHEL CAME UP WITH. THE 
<br />09:45:13 
<br />12 
<br />A I DON'T RECALL. IDON'T ENOW WHICH ONE. 
<br />12 
<br />CARDS WERE PRODUCED WITHOUT MY KNOWLEDGE. I DON'T KNOW 
<br />09:115:13 
<br />13 
<br />Q AND WHAT DID YOU SAY WHEN SOMEONE SUGGESTED 
<br />13 
<br />IF SEAN PLAYED A ROLE IN THIS. I HAVE NOT SPOKEN TO MY 
<br />14 
<br />THAT BUSINESS CARDS THAT IDENTIFY MR. DALESANDRO AS CFO 
<br />14 
<br />WIFE ABOUT IT. 
<br />15 
<br />BE PRESENTED? 
<br />09:45:13 
<br />15 
<br />AGAIN, I SORT OF LET IT GO THINKING, WELL, I'M 
<br />09:45:13 
<br />16 
<br />A I WAS DESPERATE. MONEY EITHER HAD GONE HARD, 
<br />16 
<br />IN A DESPERATE SPOT, I'M ABOUT TO LOSE MY ASS. IF HE 
<br />17 
<br />ABOUT TO GO HARD, AND I WAS STUCK WITH THIS GUY AND I 
<br />17 
<br />CAN HAVE SOME TO01 THAT MAKES HIM BETTER AT WHAT HE WAS 
<br />18 
<br />WAS WILLING TO TRY ANYTHING TO MAKE HIM FIND CAPITAL SO, 
<br />18 
<br />TRYING TO DO FOR 60 DAYS AND FAILED MISERABLY AT, I'LL 
<br />19 
<br />A, I DIDN'T LOSE MY DEPOSIT AND, B, AFTER I MET BOB 
<br />19 
<br />LET IT GO. IT WAS AGAINST MY BETTER JUDGMENT BECAUSE 
<br />20 
<br />BISNO I STARTED TO REALIZE THAT IT WASN'T A RISKY 
<br />20 
<br />NOTHING COULD HAVE BEEN FURTHER FROM T3E TRUTH, MY WIFE 
<br />21 
<br />ENTITLEMENT PLAY BECAUSE BOB HAD SUFFICIENT CAPITAL 
<br />21 
<br />WAS THE CFO, DID EVERY, IN EVERY CAPACITY, TO THIS DAY 
<br />22 
<br />WITHIN THE SANTA ANA COMMUNITY THAT WE WERE GOING TO 
<br />22 
<br />STILL DOES ALL THOSE ROLES AS THE CFO AND MR, DALESANDRO 
<br />23 
<br />HAVE A FAIRLY EASY TIME GETTING THIS ENTITLED. 
<br />23 
<br />NEVER COULD OR WOULD HAVE A CHECKBOOK, FOR NSTANCE, OR 
<br />09:45:13 
<br />24 
<br />SO NOT ONLY WAS I ON THE PRECIPICE OF LOSING 
<br />24 
<br />ANY OF THOSE OTHER CAPACITIES. IT WAS SIMPLY A TOOL 
<br />25 
<br />DEPOSIT, FUNDS TO ATTORNEYS, FUNDS TO CONSULTANTS, FUNDS 
<br />25 
<br />GIVEN TO THE MAN IN LIGHT OF HIM FAILING FOR SO LONG NOW 
<br />1461 
<br />148 
<br />Dalesandro vs. Ogulnick 
<br />Deposition of Ryan Andrew Ogulnick, Vol. 1 
<br />August 13, 2012 
<br />
								 |