TAITZ V DUNN - Transcript of Hearing July 1 2010 - 100701A

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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ORANGE - CENTRAL JUSTICE CENTER
DEPARTMENT C-33
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DR. ORLY TAITZ, ESQ., )
)
PLAINTIFF, )
) CASE NO. 30-2010
) 00381664
VS. )
)
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DAMON DUNN AND DOES 1 THROUGH 18, )
)
DEFENDANTS, )
____________________________________)
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HONORABLE GEOFFREY T. GLASS, JUDGE PRESIDING
REPORTER'S TRANSCRIPT
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JULY 1, 2010
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APPEARANCES OF COUNSEL:
FOR PLAINTIFF: DR. ORLY TAITZ

ATTORNEY AT LAW
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FOR DEFENDANT: BELL MC ANDREWS & HILTACHK

BY: BRIAN T. HILDRETH
SPECIAL APPEARANCE
(BY TELEPHONE)
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CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

OFFICIAL COURT REPORTER
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2
1 SANTA ANA, CALIFORNIA - THURSDAY, JULY 1, 2010
2 MORNING SESSION
3 -O0O-
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4 (THE FOLLOWING PROCEEDINGS WERE HAD IN
5 OPEN COURT:)
6 THE COURT: TAITZ VERSUS DUNN.
7 MS. TAITZ: YES. GOOD MORNING, YOUR HONOR. I AM ORLY
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8 TAITZ. I AM THE PLAINTIFF IN THIS CASE.
9 MR. HILDRETH: YOUR HONOR, THIS IS BRIAN HILDRETH. I
10 REPRESENT MR. DUNN, AND I AM SPECIALLY APPEARING TODAY. AND
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12 THE COURT:
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I APPRECIATE BEING ABLE TO APPEAR VIA COURT CALL.
ALL RIGHT. YOU ARE SPECIALLY APPEARING? I
13 UNDERSTAND AN ANSWER -- MR. DUNN HAS FILED AN ANSWER?

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14 MR. HILDRETH: WE DID FILE AN ANSWER TO THE ELECTION
15 CONTEST. HOWEVER, JUST BASED ON WHAT WAS SUBMITTED FOR
16 TODAY, WE'RE A LITTLE UNCLEAR IF THIS IS A NEW ACTION OR

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17 RELATED TO THE ELECTIONS CONTEST.
18 THE COURT: IT LOOKS TO ME LIKE THE SAME CASE NUMBER.
19 MR. HILDRETH: OKAY. I GUESS THE ONLY OTHER REASON TO

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20 SPECIALLY APPEAR WOULD BE THAT THERE WAS INADEQUATE NOTICE
21 FOR -- FOR THIS ACTION. WE DIDN'T RECEIVE NOTICE UNTIL
22 YESTERDAY, 11:23 A.M. YEAH, YESTERDAY, 11:23, WHICH IS NOT

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23 THE APPROPRIATE AMOUNT OF TIME.
24 THE COURT: THE CERTIFICATE OF SERVICE THAT YOU FILED,
25 MS. TAITZ, SAYS THAT YOU SENT NOTICE ON JUNE 30 BY E-MAIL.
26 BUT BECAUSE OF THE TIMEFRAME, WE REQUIRE NOTICE BY NINE

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1 O'CLOCK. SO I HAVE TO KNOW EXACTLY WHEN YOU SENT THE
2 E-MAIL.
3 MS. TAITZ: ACTUALLY, ONLY I SENT AN E-MAIL. I CALLED
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4 MR. HILDRETH'S OFFICE THE DAY BEFORE ON TUESDAY --
5 THE COURT: YOUR CERTIFICATE OF SERVICE SAYS YOU SENT
6 IT BY E-MAIL. IF YOU DID IT IN SOME OTHER FASHION, I WOULD
7 EXPECT THAT IN A DECLARATION FROM YOU. I CAN'T ACCEPT YOUR
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8 TESTIMONY ABOUT THAT. I AM NOT HERE TO GET ANY TESTIMONY.
9 THIS IS AN EX PARTE HEARING. IT IS ALL IN THE
10 PAPERS. YOU HAVE TO SWEAR UNDER PENALTY OF PERJURY THAT YOU
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12
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GAVE THEM NOTICE AND TO DO IT BY WAY OF DECLARATION.
ALL IN THE RULES, THE CALIFORNIA RULES OF COURT. AND I

THAT'S
13 EXPECT YOU TO FOLLOW THEM.

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14 SO THAT -- THERE IS A PROBLEM WITH REGARD TO THAT.
15 LET'S -- LET'S HOLD OFF ON THAT TO SEE IF THERE ARE OTHER
16 ISSUES THAT WE CAN RESOLVE. BUT I -- I HAVE GOT A

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17 CERTIFICATE OF SERVICE. WHAT I EXPECT IS COMPLIANCE WITH
18 THE RULES THAT SAY, IF YOU'RE GOING TO GIVE NOTICE, YOU GIVE
19 ME A DECLARATION.
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20 I CALLED THEM ON JUNE 29. I TALKED TO SO AND SO.
21 I TOLD THEM I WAS GOING TO BE HERE AT NINE O'CLOCK ON
22 JULY 1ST. THEY SAID THEY WERE GOING TO TRY TO APPEAR BY

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23 PHONE. OR THEY SAID WHATEVER THEY SAID. THAT'S WHAT I
24 EXPECT. WHAT I GOT WAS THAT YOU SENT A TRUE AND CORRECT
25 COPY SOMETIME YESTERDAY BY E-MAIL.
26 AND HE IS SAYING THAT IS NOT SUFFICIENT. AND I

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1 WOULD HAVE TO AGREE. THAT IS NOT SUFFICIENT TO SHOW THERE
2 IS NOTICE.
3 MS. TAITZ: THAT'S OKAY, YOUR HONOR. YOU'RE RIGHT.
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4 THE DEFENDANT'S ATTORNEYS HAVE FILED AN ANSWER TO THE
5 COMPLAINT.
6 THE COURT: BUT -- I AM SORRY. I DON'T MEAN TO
7 INTERRUPT YOU. BUT FILING AN ANSWER TO THE COMPLAINT IS NOT
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8 SUFFICIENT TO MAKE THEM COME IN HERE TODAY FOR -- TO HEAR
9 THIS MOTION.
10 MR. HILDRETH: YOUR HONOR, I WILL SAY ALSO THAT THIS IS
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12 APPLICATION.
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THE THIRD ATTEMPT THAT PLAINTIFF HAS MADE IN AN EX PARTE
ONE HAPPENED ON JUNE 24, WHICH WAS LAST
13 THURSDAY. ANOTHER HAPPENED ON THIS MONDAY, THE 28TH. AND

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14 WE DIDN'T RECEIVE NOTICE OF EITHER OF THOSE.
15 MS. TAITZ: THEY WEREN'T THE ATTORNEYS ON THE CASE.
16 MR. HILDRETH IS NOT BEING HONEST.

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17 THE COURT: HOLD ON A SECOND. MR. HILDRETH?
18 MR. HILDRETH: YES, YOUR HONOR.
19 THE COURT: I'M NOT CONCERNED ABOUT WHETHER YOU GOT

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20 NOTICE FOR ANY OTHER ACTIONS. ALL RIGHT? THAT -- EITHER
21 YOU GOT NOTICE ON THIS ONE OR YOU DIDN'T. BUT I DO WANT TO
22 SAY TO MS. TAITZ --

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23 MS. TAITZ: MY UNDERSTANDING WAS --
24 THE COURT: I'M SORRY, MS. TAITZ. I WASN'T FINISHED
25 SPEAKING. I WANTED TO TELL YOU, MS. TAITZ, THE RULES
26 REGARDING EX PARTE APPLICATION ARE RULE 3.1200 AND THROUGH

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1 3.1207. COUNSEL HAS SAID AND MR. HILDRETH HAS SAID THAT
2 3.-- WELL, THAT THERE HAS BEEN A PREVIOUS APPLICATION.
3 RULE 3.1202 SAYS IF AN EX PARTE APPLICATION HAS
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4 BEEN REFUSED IN WHOLE OR IN PART, ANY SUBSEQUENT APPLICATION
5 OF THE SAME CHARACTER OR FOR THE SAME RELIEF, ALTHOUGH MADE
6 UPON AN ALLEGED DIFFERENT STATE OF FACTS, MUST INCLUDE A
7 FULL DISCLOSURE OF ALL PREVIOUS APPLICATIONS AND WHAT THE
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8 COURT DID IN THAT CASE.
9 SO I AM JUST IDENTIFYING ISSUES AT THIS POINT. I
10 AM NOT RESOLVING ANYTHING. BUT MR. HILDRETH SAID YOU'VE
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12 MS. TAITZ:
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MADE TWO OTHER APPLICATIONS --
MAY I RESPOND?
13 THE COURT: I'M SORRY. MR. HILDRETH SAID YOU MADE TWO
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14 OTHER APPLICATIONS. IF YOU HAVE AND ASKED FOR THE SAME
15 RELIEF YOU'RE ASKING HERE, YOU HAVE TO, BY RULE, IDENTIFY
16 THEM AND DISCLOSE THEM.

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17 SO I NEED THAT IN YOUR PAPERS AS WELL. BECAUSE I
18 NEED TO KNOW IF YOU HAVE ASKED ANOTHER COURT FOR THE SAME
19 RELIEF, EVEN IF THE COURT SAID I AM NOT -- I DON'T HAVE

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20 JURISDICTION TO DO IT, I AM TRANSFERRING IT. IF YOU SET --
21 IF YOU HAVE SET ANOTHER EX PARTE MOTION TO ASK FOR THE SAME
22 THING, YOU HAVE TO DISCLOSE THAT TO ME IN THE PAPERWORK.

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23 IT IS IN THE RULES. IT ISN'T ME. IT IS WHAT THE
24 RULES SAY.
25 MS. TAITZ: I UNDERSTAND. MAY I RESPOND, YOUR HONOR?
26 THE COURT: ALL RIGHT.

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1 MS. TAITZ: MR. HILDRETH IS STATING THAT I MADE PRIOR
2 EX PARTE APPLICATIONS AND THEY DID NOT GET PROPER NOTICE.
3 IN REALITY, THEY WEREN'T ATTORNEYS ON THE RECORD. SO I
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4 COULD NOT NOTICE THEM BECAUSE THEY WEREN'T ATTORNEYS ON THE
5 RECORD.
6 MR. DUNN HAS NOT HIRED MR. HILDRETH UNTIL MONDAY.
7 AND, AS A MATTER OF FACT, THEY NEVER SENT ME ANY NOTICE, OR
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8 THEY NEVER SENT THEIR ANSWER TO ME. I NEVER RECEIVED IT. I
9 WENT TO COURT ON TUESDAY JUST BECAUSE I FOUND ON THE
10 INTERNET THEIR ANSWER, THE ANSWER WAS FILED. BUT I NEVER
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GOT THE ANSWER.
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I WAS TOLD THAT THEIR MESSENGER APPEARED IN LAGUNA
13 HILLS COURTROOM MONDAY AT FOUR O'CLOCK AND WERE TOLD THE

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14 CASE WAS TRANSFERRED HERE. SO THEY FILED IT IN THIS -- IN
15 THIS DIVISION. HOWEVER, THEY DID NOT SERVE ME, NOT BY MAIL,
16 NOT BY FEDERAL EXPRESS, NOT BY ANY OTHER MEANS.

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17 I CAME TO THIS DIVISION, AND I -- I SPENT THE
18 WHOLE DAY ON TUESDAY TRYING TO FIND THEIR ANSWER BECAUSE
19 THEY DID NOT SERVE ME WITH THEIR ANSWER. THERE WAS NO

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20 ANSWER FILED HERE. SO I ACTUALLY CALLED ANOTHER PLAINTIFF
21 WHO FILED ANOTHER LAWSUIT AGAINST MR. DUNN TO GET THEIR
22 PHONE NUMBER.
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23 AND I CALLED THEIR LAW FIRM AND STATED ARE YOU, BY
24 CHANCE, REPRESENTING MR. DUNN IN THIS CASE AS WELL? PLEASE
25 CALL ME ASAP. I CALLED. I TALKED TO THEIR SECRETARY ON
26 TUESDAY. THEY NEVER CALLED ME. AN E-MAIL CAME FROM THEM

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1 FROM SOMEBODY BY THE NAME OF DIAZ.
2 I HAVE A HUNDRED THOUSAND E-MAILS IN MY BOX. BY
3 CHANCE, I OPENED THIS E-MAIL FROM SOMEBODY BY THE NAME DIAZ,
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4 AND IT HAPPENED TO BE FROM MR. HILDRETH. I WOULDN'T HAVE
5 EVEN KNOWN THAT IT WAS FROM THEM. THAT IS NOT THE WAY TO
6 CONDUCT BUSINESS.
7 THE COURT: OKAY. MS. TAITZ, WE'RE NOT HERE TO FIGURE
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8 OUT WHO REPRESENTS MR. DUNN. WE'RE NOT HERE TO FIGURE OUT
9 WHY THEY HAVEN'T FILED AN ANSWER. WE'RE HERE BECAUSE YOU
10 FILED AN EX PARTE MOTION.
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NOW, I DON'T NEED TO HEAR ABOUT ALL OF THAT STUFF.
I WILL -- I DID NOTE IN WHAT YOU JUST TOLD ME THAT YOU'RE
13 SAYING YOU GOT A NOTE -- AN E-MAIL FROM HILDRETH, BUT YOU

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14 DIDN'T -- YOU ALMOST DIDN'T OPEN IT BECAUSE YOU GET SO MANY
15 THOUSANDS OF E-MAILS. YET YOUR CERTIFICATE OF SERVICE SAYS
16 YOU E-MAILED IT TO THEM.

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17 NOW, I ASSUME THAT WHEN YOU E-MAILED IT TO THEM,
18 THAT YOU ASSUMED THAT THEY WOULD OPEN IT. I THINK THEY GOT
19 THE SAME RIGHT. IF THEY SEND YOU SOMETHING, THEY'RE GOING

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20 TO ASSUME YOU OPENED IT. NOW, THAT MAY NOT BE TRUE.
21 BUT THAT IS WHY I NEED A DECLARATION FROM YOU AS
22 TO HOW YOU MADE SERVICE. YOU CALLED THEM UP. YOU TOLD THEM
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23 YOU WERE BRINGING THE EX PARTE. YOU E-MAILED THE TEXT OF
24 THE EX PARTE OR WHATEVER YOU E-MAILED THE NEXT DAY. HE IS
25 SAYING HE DIDN'T GET THAT UNTIL 11:31 IN THE MORNING OR
26 10:31 IN THE MORNING. IT HAS TO BE BY NINE O'CLOCK.

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1 I AM JUST IDENTIFYING THE ISSUES. BUT YOU HAVE
2 NOT ADDRESSED WHAT I ASKED YOU ABOUT, WHICH IS RULE 3.1202
3 SAYS IF YOU HAVE MADE AN APPLICATION TO SOME OTHER JUDGE FOR
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4 THE SAME RELIEF, OF THE SAME CHARACTER -- OR AN APPLICATION
5 OF THE SAME CHARACTER, EVEN IF THIS IS ON COMPLETELY
6 DIFFERENT FACTS, I NEED TO KNOW THAT.
7 AND I NEED TO KNOW WHAT THE COURT DID. BECAUSE
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8 THIS IS EX PARTE. THIS IS AN EMERGENCY --
9 MS. TAITZ: I --
10 THE COURT: I'M SORRY. IF YOU DON'T WANT ME TO FINISH
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TALKING, I WON'T.
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I WILL JUST RULE ON YOUR MOTION.
WANT TO TALK, OR DO YOU WANT ME TO TALK?

DO YOU
13 MS. TAITZ: I AM SORRY, YOUR HONOR.

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14 THE COURT: OKAY. IF YOU -- I JUST NEED TO KNOW HAVE
15 YOU MADE THE PREVIOUS APPLICATIONS OR NOT. AND IT SAYS IT
16 IS IN THERE.
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17 NOW, I WILL ALSO SAY I THINK YOU HAVE "ESQ" --
18 THIS IS A SIDE MATTER, NOT THAT -- MAYBE NOT -- NOT THAT
19 IMPORTANT FOR THIS MOTION. BUT I JUST WANT TO MAKE SURE.

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20 YOU SAY "ESQ." ARE YOU A MEMBER OF THE BAR?
21 MS. TAITZ: YES.
22 THE COURT: THE RULES REQUIRE THAT A MEMBER OF THE BAR

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23 WHO SUBMITS PAPERS TO THE COURT PUT THEIR BAR NUMBER ON IT.
24 THE REASON -- AND YOU CAN LOOK AT THE RULES. I DON'T KNOW
25 IF THEY APPLY TO ATTORNEYS REPRESENTING THEMSELVES. BUT I
26 THINK THEY DO. BECAUSE THAT IS THE WAY THAT I WOULD REPORT
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1 ANY ACTIVITIES OF A BAR MEMBER TO THE STATE BAR.
2 SO I AM JUST SAYING THAT I -- IF YOU'RE AN
3 ATTORNEY, I NEED TO KNOW THAT YOU'RE AN ATTORNEY. AND A
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4 STATE BAR NUMBER IS THE WAY TO DO IT. LOOK AT THE RULES
5 WITH REGARD TO PUTTING A STATE BAR NUMBER ON THERE. IT MAY
6 BE THAT YOU DON'T HAVE TO IF YOU'RE REPRESENTING YOURSELF.
7 BUT IF -- IF SOMEBODY IS REPRESENTING THEMSELF AND
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8 THEY'RE AN ATTORNEY, THEY'RE STILL BOUND BY THE CODES OF
9 ETHICS OF ATTORNEYS. SO THAT'S WHY WE HAVE THOSE RULES.
10 SO, MR. HILDRETH, YOU'RE SAYING WE GOT TO DO THIS
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12 MR. HILDRETH:
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TOMORROW, OR ARE YOU WILLING TO GO AHEAD TODAY?
WE CAN GO FORWARD, YOUR HONOR. WE'RE
13 PREPARED TO DISCUSS THE MERITS.

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14 THE COURT: ONE OF THE PROBLEMS, MS. TAITZ, WITH THE
15 NOTICE OF MOTION IS IT SAYS -- YOUR NOTICE OF MOTION SAYS
16 THERE IS GOING TO BE AN EX PARTE HEARING, AND THEN YOU GIVE

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17 ME THE MOTION AND THE POINTS AND AUTHORITIES AND EVERYTHING
18 ELSE TOGETHER.
19 SO I AM NOT QUITE SURE. AS I UNDERSTAND IT --

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20 WELL, YOUR PRAYER FOR RELIEF IS YOU WANT AN EXPEDITED TRIAL
21 ON YOUR COMPLAINT. YOUR BASIS FOR THAT IS CODE OF CIVIL
22 PROCEDURE NUMBER 44.

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23 YOU ALSO WANT TO PRESERVE THE STATUS QUO TO STAY
24 THE REGISTRATION OF VOTES BY THE COUNTY REGISTRAR PENDING
25 RESOLUTION OF THE TRIAL, THAT IS, SO THEY DON'T REGISTER THE
26 VOTES, AND ALSO ISSUE A PRELIMINARY INJUNCTION, NOT EVEN A

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1 TEMPORARY RESTRAINING ORDER, A PRELIMINARY INJUNCTION
2 DIRECTING THE REGISTRAR OF VOTERS -- I ASSUME THAT'S THE
3 ORANGE COUNTY REGISTRAR OF VOTERS, BUT IT DOESN'T SAY IN
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4 YOUR PAPERS -- NOT TO CERTIFY THE VOTES IN THE ELECTION --
5 IN THE PRIMARY ELECTION FOR THE SECRETARY OF STATE.
6 HAVE I GOT THAT RIGHT?
7 MS. TAITZ: WELL, MOSTLY I HAVE WRITTEN DOWN REGISTRARS
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8 IN PLURAL, MEANING ALL OF THE REGISTRARS. AND I WILL --
9 THE COURT: ALL OF THE REGISTRARS FOR ALL THE COUNTIES?
10 MS. TAITZ: I HAVE TO BECAUSE THIS IS AN ELECTION FOR
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SECRETARY OF STATE AS -- I DON'T KNOW IF YOUR HONOR HAD AN
OPPORTUNITY TO READ THE ACTUAL COMPLAINT AND ALL THE
13 EXHIBITS. BUT THIS IS A COMPLAINT FOR FRAUD COMMITTED BY

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14 MR. DUNN IN HIS VOTER REGISTRATION AND NOMINATION --
15 THE COURT: I AM SORRY. I UNDERSTAND ALL OF THAT. BUT
16 YOU HAVE TO ANSWER MY QUESTION. HAVE I STATED WHAT RELIEF

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17 YOU WANT CORRECTLY?
18 MS. TAITZ: YES. THE ONLY -- THE ONLY ISSUE IS IT IS
19 NOT ONLY ORANGE COUNTY REGISTRAR. I MEAN, I CAN SEND FIRST

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20 TO ORANGE COUNTY REGISTRAR. BUT IT NEEDS -- I HAVE WRITTEN
21 THE REGISTRARS BECAUSE I NEED TO SEND A COPY TO EVERY
22 REGISTRAR, ALL OF THEM, NOW FINALIZING REGISTRATION AND

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23 CERTIFICATION OF VOTES IN THIS PRIMARY ELECTION.
24 AND THEY NEED TO BE APPRISED OF THE FACT THAT
25 THERE IS AN ISSUE, A PENDING ISSUE. AND BASED ON A
26 PRECEDENT CASE OF MC KINNEY V. CITY OF SAN DIEGO WHERE A

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1 SIMILAR STAY WAS ISSUED BY THE COURT OF APPEALS RIGHT HERE
2 IN SANTA ANA IN A SIMILAR CASE OF ELECTIONS FRAUD, I AM
3 ASKING FOR A STAY OF CERTIFICATION OF VOTES FOR MR. DUNN AND
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4 STAY AND PRELIMINARY INJUNCTION PENDING RESOLUTION OF THE
5 MATTER AT TRIAL.
6 THE COURT: ALL RIGHT. OTHER THAN THE MC KINNEY
7 CASE --
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8 MS. TAITZ: YES.
9 THE COURT: -- WHAT -- LET ME BACK UP A SECOND. YOU'RE
10 NOT -- YOU DON'T INDICATE ANYWHERE THAT ANYBODY WON THE
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ELECTION.
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SO YOU'RE SAYING WE'RE AT THE PROCESS WHERE THE
ELECTION -- THE VOTES HAVE ALL BEEN CAST. BUT BEFORE WE
13 KNOW THE RESULTS OF THE ELECTION, BEFORE THEY'RE OFFICIAL,

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14 YOU WANT ME TO STOP IT?
15 MS. TAITZ: TO STAY THE CERTIFICATION, YES.
16 CERTIFICATION.
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17 THE COURT: WELL, WHAT IF YOU WIN THE ELECTION? WHAT
18 IF THE CERTIFICATION IS YOU WIN?
19 MS. TAITZ: WELL, AS OF NOW, MR. DUNN HAS MORE VOTES.

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20 THE COURT: NO. REGISTRAR HASN'T CERTIFIED THEM. HOW
21 DO WE KNOW THAT?
22 MS. TAITZ: I AM GOING BY THE SEMI-OFFICIAL RESULTS

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23 POSTED BY THE SECRETARY OF STATE OF CALIFORNIA, DEBRA BOWEN.
24 THE COURT: THAT IS NOT IN YOUR PAPERS, THAT YOU THINK
25 HE HAS GOT MORE VOTES. I -- THE CLOSEST I SAW WAS IN YOUR
26 COMPLAINT, YOU GOT 440,000 VOTES.

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1 MS. TAITZ: WELL, NOW IT IS ABOUT A HALF A MILLION
2 VOTES.
3 THE COURT: OKAY. WELL, THAT HAS CHANGED, THEN. I
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4 DON'T KNOW. I DON'T KNOW. WHAT IF THE REGISTRARS -- WHAT
5 IF, AT THE END OF THE DAY, THEY SAY YOU WIN?
6 MS. TAITZ: NO, THAT IS NOT POSSIBLE.
7 THE COURT: WELL, THEN, WHAT DIFFERENCE DOES IT MAKE IF
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8 I HOLD UP THE CERTIFICATION OR NOT?
9 MS. TAITZ: BECAUSE THE VOTES -- EVEN THOUGH MR. DUNN
10 GOT MORE VOTES, THOSE VOTES WERE OBTAINED BY VIRTUE OF
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FRAUD --
THE COURT:
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I UNDERSTAND THAT. BUT I DON'T THINK YOU
13 ANSWERED MY QUESTION. WHAT DIFFERENCE DOES IT MAKE TO YOUR

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14 LAWSUIT TO -- IN EITHER CASE, I HAVE TO SAY THE VOTES DIDN'T
15 COUNT. SO WHETHER THE -- BECAUSE HE IS NOT ACTUALLY ELECTED
16 TO AN OFFICE. ALL HE IS ENTITLED TO DO IS RUN IN THE

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17 GENERAL ELECTION.
18 SO I AM NOT -- IT IS NOT A QUESTION OF HIM GETTING
19 AN OFFICE. IT IS HIM HAVING AN OPPORTUNITY TO RUN FOR AN

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20 OFFICE. AND I AM NOT SURE WHAT CHANGES IF I LET THE
21 CERTIFICATION GO THROUGH?
22 MS. TAITZ: IF I MAY EXPLAIN, I AM THE CONTENDER OF --

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23 I AM THE OPPONENT OF MR. DUNN. IF THE ELECTION IS
24 CERTIFIED, THEN I WILL BE PREVENTED FROM PUTTING MY NAME ON
25 THE BALLOT AS A CANDIDATE. I CANNOT PUT MY STATEMENT. I
26 CANNOT PUT MY -- MY NAME WILL NOT BE ON THE BALLOT. AND

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1 THEREFORE, VOTERS --
2 THE COURT: I AM SORRY. THEREFORE, VOTERS WILL WHAT?
3 MS. TAITZ: WILL BE PREVENTED FROM VOTING IN GENERAL
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4 ELECTION FOR A QUALIFIED CANDIDATE, WHICH WOULD BE ME.
5 THE COURT: OKAY. IF I GRANT YOUR RELIEF AND SAY TO
6 ALL THE REGISTRARS IN ALL THE COUNTIES OF CALIFORNIA -- AND,
7 BY THE WAY, YOU WOULD HAVE TO TELL ME. I CAN'T JUST SAY
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8 EVERY REGISTRAR EVERYWHERE.
9 MS. TAITZ: I WILL --
10 THE COURT: HOLD ON A SECOND. IF I WERE TO SAY TO ALL
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12
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THE REGISTRARS DO NOT COUNT THE VOTES IN THIS -- DO NOT
CERTIFY THE VOTES IN THIS ELECTION, HOW WOULD YOU BE ABLE TO
13 GO INTO THE GENERAL ELECTION? WHAT WOULD HAPPEN? THERE

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14 WOULD BE NO CANDIDATE, PERIOD. BECAUSE THERE IS NO -- THE
15 ELECTION IS SUSPENDED.
16 THERE IS NO WINNER FOR THE ELECTION. AND UNTIL WE

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17 DECIDE -- UNTIL WE DECIDE WHETHER THE ELECTION -- WHETHER
18 THE ELECTION -- THE VOTING SHOULD BE ANNULLED OR NOT. SO
19 YOUR BASIS FOR SAYING YOU WANT TO HOLD UP THE REGISTRATION

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20 IS SO THAT THE VOTERS KNOW THAT YOU'RE GOING TO BE A
21 CANDIDATE. BUT THAT WOULD NOT BE THE RELIEF. THE RELIEF IS
22 NOT TO PUT YOU ON THE BALLOT.

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23 MS. TAITZ: BY DEFAULT, AS YOU CAN UNDERSTAND, I WILL
24 BE ON THE BALLOT. BUT INDEFINITELY, SOMEBODY WHO IS A
25 LIFE-LONG DEMOCRAT AND WHO GOT ON THE PRIMARY BALLOT BY
26 FRAUD WILL NOT BE ON THAT BALLOT.

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1 THE COURT: I AM SORRY. MC KINNEY DOESN'T SAY THAT.
2 NEITHER DOES THE --
3 MS. TAITZ: ACTUALLY --
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4 THE COURT: THE LAW WITH REGARD TO THIS IS CLEAR. IT
5 IS WRONG IF I WERE TO SAY MR. DUNN -- THE VOTES FOR MR. DUNN
6 DON'T COUNT. I DON'T GIVE THE ELECTION TO YOU. IT IS A NEW
7 ELECTION.
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8 MR. HILDRETH: YOUR HONOR, MAY I SAY SOMETHING HERE?
9 THE COURT: NO. HOLD ON A SECOND.
10 MR. HILDRETH: OKAY.
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MS. TAITZ:
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ACTUALLY, THE PRECEDING CASES OF GILMORE V.
JORDAN AND POWER V. JORDAN -- AND THOSE ARE THE CASES THAT I
13 QUOTED -- SPECIFICALLY STATED THAT THE COURT -- THE DISTRICT

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14 COURT WAS CORRECT IN INSTRUCTING THE REGISTRARS -- IN THAT
15 CASE, IT WAS SAN FRANCISCO AND SAN FRANCISCO COUNTY -- NOT
16 TO CERTIFY THE VOTES. AND THAT WAS FOR MR. POWER AND
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17 MR. GILMORE.
18 THAT'S THE OPPOSITE. EXACTLY THEY WERE TOLD DON'T
19 CERTIFY THE VOTES BECAUSE FRAUD WAS COMMITTED. THAT IS

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20 EXACTLY CASE ON POINT, AND THAT'S WHAT I AM ASKING.
21 THE COURT: THAT'S 1934. AND THAT RELIES ON AN OLDER
22 CASE. WHAT I AM TALKING ABOUT -- AND YOU DIDN'T CITE IT.

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23 IT IS A 2006 CASE. WELL, IT IS LATER THAN THAT. I WOULD
24 HAVE TO REMEMBER. YOU DIDN'T CITE IT, BUT I FOUND IT IN
25 CONNECTION WITH MC KINNEY. I'LL HAVE TO FIND IT FOR YOU
26 LATER.
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1 MS. TAITZ: YOUR HONOR --
2 THE COURT: HOLD ON A SECOND. IT WAS THIS DISTRICT WHO
3 SAID YOU DON'T GIVE THE VOTE -- YOU DON'T GIVE THE ELECTION
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4 TO THE RUNNERS UP. WE'VE ALREADY HAD THE VOTING. THE ISSUE
5 OF THE VOTING BEING CERTIFIED, HOLDING UP THE CERTIFICATION
6 DOES NOT GIVE THE ELECTION TO THE RUNNER-UP.
7 MS. TAITZ: MAY I RESPOND?
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8 THE COURT: YEAH.
9 MS. TAITZ: YOUR HONOR, I AM NOT -- I DID NOT ASK IN MY
10 PRAYER OF RELIEF FOR YOU TO CERTIFY ME AS A WINNER. I DID
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NOT ASK YOU FOR THAT.
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PRECEDENCE OF MC KINNEY WHERE RIGHT HERE ACROSS THE STREET,
13 FOURTH --
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14 THE COURT: I UNDERSTAND WHAT DID IT. I UNDERSTAND THE
15 CASE. NOW, LET ME TELL YOU THIS, DR. TAITZ. YOU TOLD ME
16 THE VOTERS NEED TO KNOW THAT YOU'RE THE PROPER PARTY. THIS
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17 RELIEF THAT YOU'RE SUGGESTING YOU JUST TOLD ME WILL NOT DO
18 THAT.
19 MS. TAITZ: MAY I CORRECT MYSELF, YOUR HONOR? THE

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20 VOTERS NEED TO KNOW THAT MR. DUNN WAS NOT A PROPER PARTY,
21 THAT THERE IS A PROBLEM WITH HIS -- WITH HIS CERTIFICATION.
22 THE COURT: WHAT DO YOU MEAN THE VOTERS NEED TO KNOW

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23 THAT?
24 MS. TAITZ: BECAUSE THE VOTERS WILL BE VOTING IN
25 GENERAL ELECTION. I MEAN, IF THAT WOULD BE THE CASE, THEN
26 ANYBODY CAN COMMIT ANY FRAUD AND NOTHING WILL BE DONE.

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1 THE COURT: NO. NO. NO. YOU DON'T UNDERSTAND. WE'RE
2 HERE ON AN EMERGENCY, NOT TO GET IT CERTIFIED. WHAT MY
3 QUESTION IS, WHY IS THERE AN EMERGENCY? IF IT IS CERTIFIED,
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4 THE ELECTION CAN STILL BE ANNULLED BASED UPON FRAUD. THAT'S
5 WHAT THE CASES YOU CITED TOLD ME.
6 WHY DO I HAVE TO STOP THE CERTIFICATION? BECAUSE
7 THE CERTIFICATION TELLS US THAT THE NUMBER OF VOTES, WHETHER
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8 THEY'RE COMMITTED -- WHETHER THEY'RE OBTAINED WITH FRAUD OR
9 NOT, ARE X, Y AND Z, WHATEVER THEY ARE. AND PRESUMABLY
10 YOU'RE WILLING TO ADMIT THAT YOU HAVE LESS OF THE VOTES THAN
11
12
HE DOES.
OKAY.
oli
BUT THAT'S NOT CLEAR.
THEY CERTIFY IT. YOU STILL HAVE YOUR CAUSE
13 OF ACTION TO ANNUL IT. YOU HAVE THE SAME CAUSE OF ACTION

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14 THAT YOU HAVE NOW. YOUR CAUSE OF ACTION IS TO ANNUL THE
15 VOTES, NOT THAT THE CERTIFICATION PROCESS IS SOMEWHAT
16 INFECTED. SO WHAT I AM SAYING IS WHAT DIFFERENCE DOES IT

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17 MAKE IN THE LONG TERM OR EVEN IN THE NEAR SHORT TERM WHETHER
18 THE VOTES ARE CERTIFIED BY THE REGISTRARS OR NOT?
19 MS. TAITZ: I AM SAYING THAT THE CERTIFICATION PROCESS

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20 IS DEFINITELY INFECTED BECAUSE IT IS DEFINITELY UNDERMINED.
21 IF SOMEBODY CAN GET ON THE BALLOT BY FRAUD AND BE CERTIFIED,
22 THAT UNDERMINES THE WHOLE PROCESS OF CERTIFICATION.

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23 THE COURT: DR. TAITZ, YOU'RE NOT LISTENING TO ME. IT
24 UNDERMINES THE CERTIFICATION. BUT WHAT YOU WANT TO DO IS
25 SET ASIDE THE ELECTION; CORRECT? THE VOTES? ALL THE
26 VOTES -- IT WAS INFECTED. WE SHOULDN'T COUNT WHAT THEY

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17
1 VOTED FOR ON JUNE 9.
2 WE SHOULDN'T COUNT THAT BECAUSE THEY -- HE WAS OUT
3 BUYING VOTES. HE WAS GETTING ALL OF HIS FRIENDS FROM NEW
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4 JERSEY TO COME VOTE, WHATEVER. RIGHT? THAT'S YOUR PROBLEM;
5 RIGHT? YOU WANT A NEW ELECTION; RIGHT?
6 MS. TAITZ: NO. I NEVER ASKED FOR A NEW ELECTION.
7 THERE WOULD NOT BE A NEED FOR A NEW ELECTION. YOUR HONOR,
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8 AND I AM NOT ASKING FOR YOU TO GRANT ANY FINAL RELIEF. ALL
9 I AM ASKING IS JUST A TEMPORARY RELIEF OF STAYING
10 CERTIFICATION. AND MAYBE WE CAN SEE WHEN TRIAL CAN BE
11
12
SCHEDULED.
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IF IT IS SOMETHING THAT CAN BE SCHEDULED SOON
13 ENOUGH, MAYBE WE CAN FIND SOME KIND OF RESOLUTION. AND

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14 THAT'S WHY MY FIRST PRAYER OF RELIEF WAS EXPEDITED TRIAL. I
15 HAVE ALREADY FILED AN ISSUE MEMORANDUM FOR TRIAL. AND MAYBE
16 WE CAN START FROM THERE AND FIND A SOLUTION TO THIS ISSUE.

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17 I UNDERSTAND WHAT YOU'RE SAYING, YOUR HONOR.
18 LET'S FIND A SOLUTION. CLEARLY, YOU WOULDN'T WANT SOMEBODY
19 COMMITTING FRAUD AND CERTIFIED AS A WINNER OF THE ELECTION.

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20 SO I THINK WE'RE ON THE SAME PAGE HERE. WHAT DO YOU
21 SUGGEST?
22 THE COURT: NO, MS. TAITZ, WE'RE NOT ON THE SAME PAGE.
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23 MR. HILDRETH, DO YOU WANT TO RESPOND?
24 MR. HILDRETH: YES, SIR. THANK YOU, YOUR HONOR. I
25 GUESS, FIRST, THE POINT TO MAKE IS THAT THE ELECTIONS CODE
26 PROVIDES FOR THIS CIRCUMSTANCE WHERE SOMEBODY IS UNHAPPY OR

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18
1 FEELS THAT THE PERSON WHO WAS ELECTED DID NOT DESERVE TO BE
2 ELECTED OR SOMEHOW INSTITUTED FRAUD INTO THE PROCESS.
3 AND BASICALLY WHAT THE ELECTIONS CODE STIPULATES
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4 IS THAT THE CERTIFICATION GOES FORWARD, BUT THAT IF THE --
5 IF THE FRAUD OR WHATEVER IT IS IS PROVEN, THAT A NEW
6 CERTIFICATE OF ELECTION IS ISSUED. SO THE CERTIFICATION IN
7 THIS CASE CAN ABSOLUTELY GO FORWARD.
tija
8 BUT IF MS. TAITZ IS SOMEHOW ABLE TO PROVE UP HER
9 CLAIMS, THAT A NEW CERTIFICATE OF ELECTION WOULD BE ISSUED
10 TO THE, QUOTE, UNQUOTE, WINNER OF THE PRIMARY ELECTION. AND
11
12
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SO THAT IS UNDER THE ELECTIONS CODE. AND I THINK BASED ON
THAT, MS. TAITZ DOESN'T MEET THE STANDARD FOR A TRO.
13 IN OTHER WORDS, THERE IS NO REPARABLE HARM TODAY

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14 AS WE ALL SIT HERE. AND, YOU KNOW, SHE DOES HAVE A LEGAL
15 REMEDY THAT IS ADEQUATE TO HER, WHICH IS PROVIDED UNDER THE
16 ELECTIONS CODE. IT IS DIVISION 16 WHICH IS ENTITLED

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17 "ELECTION CONTESTS."
18 AND THIRD, I GUESS SHE HASN'T SHOWN A REASONABLE
19 PROBABILITY OF SUCCESS ON THE MERITS OF HER UNDERLYING

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20 ELECTION CONTEST. SO BASED ON THOSE THREE REASONS AND BASED
21 ON WHAT IS PROVIDED IN THE ELECTIONS CODE, I THINK THAT THE
22 TEMPORARY RESTRAINING ORDER TODAY SHOULD BE DENIED.

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23 AND, IN ADDITION, I WILL SAY THAT SHE IS ASKING --
24 IT APPEARS THAT SHE IS ASKING MR. DUNN TO STOP TALLYING THE
25 VOTES. SO WE DON'T HAVE THE REGISTRARS OF VOTERS FROM EACH
26 COUNTY HERE TODAY. AND WE DON'T HAVE THE SECRETARY OF STATE

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19
1 REPRESENTATIVES HERE TODAY. SO I AM NOT -- I AM NOT SURE
2 WHAT MR.-- THE RELIEF AGAINST MR. DUNN WOULD BE. BUT WE ARE
3 THE ONLY PARTY NAMED.
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4 THE COURT: RIGHT. WHAT ABOUT MC KINNEY? MY COMPUTER
5 IS BEING WORKED ON. SO I DON'T HAVE THE CASE IN FRONT OF
6 ME. BUT HER PAPERS, MS. TAITZ'S PAPERS -- DR. TAITZ SAYS
7 THAT THE COURT OF APPEALS STAYED THE CERTIFICATION OF THE
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8 ELECTIONS RESULTS. IS THAT THE RELIEF THAT WAS GRANTED IN
9 THAT CASE?
10 MR. HILDRETH: WELL, I -- I QUICKLY LOOKED AT MC KINNEY
11
12
YESTERDAY.
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AND REALLY ONCE I SAW THAT, THE FACTS WERE
ENTIRELY DIFFERENT FROM WHAT WE'RE FACING HERE TODAY. AND
13 THAT IS THEY WERE ALLOWING A CANDIDATE TO APPEAR ON THE

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14 BALLOT THAT MAYBE SHOULD NOT HAVE BEEN ABLE TO APPEAR ON THE
15 BALLOT, A WRITE-IN CANDIDATE, THAT MAYBE AFFECTED THE
16 OUTCOME OF THE GENERAL ELECTION.

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17 SO IT WASN'T NECESSARILY ONE PERSON BRINGING AN
18 ELECTION CONTEST AGAINST ANOTHER PERSON, MEANING ONE
19 CANDIDATE AGAINST ANOTHER CANDIDATE. THAT IS WHY MC KINNEY

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20 IS A LITTLE DIFFERENT FROM WHAT WE'RE DOING HERE AND
21 DIFFERENT FROM THE GARDEN-VARIETY ELECTION CONTEST
22 CONTEMPLATED UNDER THE ELECTIONS CODE.

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23 THE COURT: RIGHT. I DO KNOW THAT THAT IS WHAT THE
24 ISSUE WAS -- I KNOW, AMONG OTHER THINGS, THAT THE MC KINNEY
25 CASE AND THE CASES THAT CITE IT TALK ABOUT THE EFFECT OF THE
26 CERTIFICATION OR THE EFFECT OF FRAUD ON THE ELECTION.

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20
1 BUT I DON'T RECALL IT BEING A STAYING OF THE
2 CERTIFICATION ELECTION RESULTS OR WHY IT WAS, IN FACT, A
3 STAY OF THE CERTIFICATION. I THINK MC KINNEY DID SOMETHING
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4 DIFFERENT THAN THAT. ALL RIGHT. OKAY.
5 MS. TAITZ: MIGHT I RESPOND, YOUR HONOR?
6 THE COURT: HOLD ON A SECOND. ALL RIGHT. I'VE HEARD
7 YOUR ARGUMENT, MS. TAITZ. DO YOU WANT TO RESPOND TO WHAT
tija
8 MR. HILDRETH SAID?
9 MS. TAITZ: ABSOLUTELY. MR. HILDRETH IS JUST SIMPLY
10 MISREPRESENTING THE LAW. IT IS ABSOLUTELY WRONG. AND AS A
11
12
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MATTER OF FACT, AS YOU STATED, YOUR HONOR, ABSOLUTELY
CORRECTLY, IF THE LAW WOULD HAVE BEEN AS MR. HILDRETH WANTS
13 IT TO BE, THEN THE -- RIGHT HERE, THE COURT OF APPEALS IN

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14 SANTA ANA WOULD NOT HAVE STAYED CERTIFICATION OF ELECTION.
15 THAT IS EXACTLY WHAT HAPPENED IN MC KINNEY. THEY
16 ISSUED A STAY. AND IF -- WE CAN COME TO A DECISION THAT

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17 WILL BE ABSOLUTELY OPPOSITE OF WHAT THE COURT OF APPEALS
18 RIGHT HERE DID.
19 THE COURT: I AM SORRY. I AM GOING TO STOP YOU. THIS

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20 IS AN EMERGENCY MATTER. YOU'RE NOT ENTITLED TO CONTINUE TO
21 ARGUE IT. I'VE GOT ENOUGH. I UNDERSTAND THE ISSUE.
22 LET ME SAY THIS: THE CERTIFICATION OF THE WINNERS

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23 DOES NOT CHANGE THE ISSUE. IF, IN FACT, YOUR COMPLAINT IS
24 CORRECT, THEN THE RELIEF IS TO ANNUL THE ELECTION. THE
25 RELIEF IS, AS I UNDERSTAND IT, NOT TO MAKE YOU THE WINNER.
26 BUT EVEN IF IT WERE TO MAKE YOU THE WINNER OF THE

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21
1 ELECTION, IT WOULD BE -- IT CAN STILL BE DONE EVEN AFTER THE
2 CERTIFICATION. IN OTHER WORDS, IF YOU BROUGHT THIS -- WELL,
3 IF YOU'RE ENTITLED TO BRING THIS LAWSUIT AFTER THE ELECTION,
b.c
4 YOU'RE ENTITLED TO BRING IT AFTER THE CERTIFICATION AS WELL.
5 THE CERTIFICATION DOESN'T CHANGE ANYTHING IN TERMS
6 OF THE FRAUD OR THE LAWSUIT. BECAUSE YOU'RE NOT CLAIMING
7 ANY FRAUD IN THE CERTIFICATION PROCESS. WHAT YOU'RE
tija
8 CLAIMING IS -- WELL, I THINK WHAT YOU'RE CLAIMING IS
9 MR. DUNN SHOULD HAVE NEVER BEEN ON THE BALLOT IN THE FIRST
10 PLACE.
11
12
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BUT YOU'RE CLAIMING FRAUD IN THE ELECTION ANYWAY.
THERE ARE A LOT OF ISSUES AROUND THAT. BUT NONE OF THEM
13 HAVE TO DO WITH WHETHER THE VOTES CAST ARE THE VOTES -- ARE
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14 FOR THE CANDIDATE THAT THEY'RE GOING TO CERTIFY. AND IT
15 WOULD BE HELPFUL TO KNOW THAT AND NOT ASSUME -- AT LEAST FOR
16 PURPOSES OF THIS MOTION, NOT ASSUME THAT MR. DUNN HAS WON
of
17 THE ELECTION.
18 IT WOULD BE NICE IF WE KNEW HE DID WIN IT.
19 BECAUSE IF HE DIDN'T WIN IT, YOUR CASE CAN STILL GO FORWARD.

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20 BUT IT IS ONLY WITH REGARD TO DAMAGES, THAT YOU SPENT
21 $40,000 PURSUING SOMETHING WHO WASN'T ELIGIBLE. THAT IS ONE
22 OF THE CLAIMS YOU HAVE IN THE LAWSUIT.

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23 BUT TO SET IT ASIDE AND SAY HE IS NOT ELIGIBLE
24 AND, THEREFORE, HE IS NOT -- AND, THEREFORE, YOU SHOULD BE
25 THE CANDIDATE, THAT CAN BE HANDLED AFTER CERTIFICATION. SO
26 I UNDERSTAND -- I UNDERSTAND YOUR POSITION THAT MC KINNEY

Fr

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22
1 STAYED CERTIFICATION. WHETHER THAT IS TRUE OR NOT, I DON'T
2 SEE THAT THAT IS A NECESSARY COMPONENT FOR YOU TO PURSUE
3 YOUR CLAIM, A NECESSARY ISSUE.
b.c
4 ALSO, I HAVE TO SAY THIS: CODE OF CIVIL PROCEDURE
5 44 TALKS ABOUT APPEALS TO THE APPELLATE COURT AND TO THE
6 SUPREME COURT. THEY'RE ENTITLED TO GIVE A PREFERENCE. BUT
7 IT DOESN'T SAY THAT I HAVE TO GIVE A PREFERENCE. THERE IS
tija
8 NO -- CODE OF CIVIL PROCEDURE 44 DOESN'T PROVIDE FOR
9 PRIORITY OF HANDLING OF ELECTION COMPLAINTS IN THE SUPERIOR
10 COURT.
11
12 THEM.
oli
THERE MAY BE OTHER SECTIONS.
I COULDN'T FIND THEM.

I TRIED TO FIND
YOUR CITATION, THOUGH, TO 44
13 IS FOR THE APPELLATE COURTS AND THE COURT OF APPEAL -- AND

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14 THE SUPREME COURT. AND I AM NOT -- THOSE RULES DON'T APPLY
15 TO ME. I AM NOT THERE. THANK GOODNESS.
16 SO -- AND FURTHER, I DO HAVE A PROBLEM ORDERING

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17 SOMEBODY NOT TO DO SOMETHING IF I DON'T HAVE JURISDICTION
18 OVER THEM. YOUR LAWSUIT IS AGAINST MR. DUNN. I CAN ORDER
19 HIM TO CERTIFY IT, I GUESS. BUT I AM NOT SURE THAT I CAN

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20 ISSUE THE ORDER YOU WANT, TO STAY THE REGISTRATION BY THE
21 COUNTY REGISTRARS.
22 I THINK IF I SEND AN ORDER TO THE COUNTY OF

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23 REGISTRARS SAYING DO NOT DO THAT, THEY WILL SAY WHO ARE YOU
24 AND WHAT RIGHT DO YOU HAVE TO TELL ME WHAT NOT TO DO. AND I
25 AGREE. I AM NOT SURE I HAVE ANY JURISDICTION FOR THE
26 TEMPORARY RESTRAINING ORDER.

Fr

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23
1 IN OTHER WORDS, YOU WANT ME TO RESTRAIN THE COUNTY
2 FROM DOING SOMETHING, THE REGISTRARS OF 50 COUNTIES FROM
3 DOING SOMETHING. I NEED JURISDICTION OVER THEM BEFORE I CAN
b.c
4 DO THAT. SO IN LIGHT OF THAT, I AM GOING TO DENY YOUR
5 EX PARTE APPLICATION. IF YOU -- THERE ARE OTHER
6 ALTERNATIVES, BUT I AM DENYING THE EX PARTE APPLICATION THAT
7 YOU SET FOR HEARING.
tija
8 MR. HILDRETH, WOULD YOU GIVE NOTICE OF THAT.
9 MS. TAITZ: MAY I RESPOND, YOUR HONOR? YOUR HONOR, MAY
10 I RESPOND TO THIS?
11
12
THE COURT:
MR. HILDRETH:
NO.
oli
I'VE RULED. THANK YOU VERY MUCH.
THANK YOU, YOUR HONOR.
13 (PROCEEDINGS ADJOURNED.)
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14
15
16
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17
18
19
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20
21
22
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23
24
25
26
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REPORTER'S CERTIFICATE
I, CHRISTINE L. BELASCO, CSR NO. 6189, OFFICIAL
b.c
COURT REPORTER, DO HEREBY CERTIFY THAT THE FOREGOING
REPORTER'S TRANSCRIPT, CONSISTING OF PAGES 2 THROUGH 23 IS A
FULL, TRUE, AND CORRECT TRANSCRIPTION OF MY SHORTHAND NOTES
THEREOF, AND A FULL, TRUE AND CORRECT STATEMENT OF THE
tija
PROCEEDINGS HAD IN SAID CAUSE.
DATED AT SANTA ANA, CALIFORNIA, THIS 8TH DAY OF
JULY, 2010.
oli
______________________________
P
CHRISTINE L. BELASCO, CSR 6189
OFFICIAL COURT REPORTER
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TAITZ V DUNN - Transcript of Hearing July 1 2010 - 100701A

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TAITZ V DUNN - Transcript of Hearing July 1 2010 - 100701A

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om

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ORANGE - CENTRAL JUSTICE CENTER

FOR PLAINTIFF: DR. ORLY TAITZ

FOR DEFENDANT: BELL MC ANDREWS & HILTACHK

CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

1 SANTA ANA, CALIFORNIA - THURSDAY, JULY 1, 2010

6 THE COURT: TAITZ VERSUS DUNN.

7 MS. TAITZ: YES. GOOD MORNING, YOUR HONOR. I AM ORLY

9 MR. HILDRETH: YOUR HONOR, THIS IS BRIAN HILDRETH. I

10 REPRESENT MR. DUNN, AND I AM SPECIALLY APPEARING TODAY. AND

ALL RIGHT. YOU ARE SPECIALLY APPEARING? I

13 UNDERSTAND AN ANSWER -- MR. DUNN HAS FILED AN ANSWER?

15 CONTEST. HOWEVER, JUST BASED ON WHAT WAS SUBMITTED FOR

16 TODAY, WE'RE A LITTLE UNCLEAR IF THIS IS A NEW ACTION OR

17 RELATED TO THE ELECTIONS CONTEST.

18 THE COURT: IT LOOKS TO ME LIKE THE SAME CASE NUMBER.

19 MR. HILDRETH: OKAY. I GUESS THE ONLY OTHER REASON TO

20 SPECIALLY APPEAR WOULD BE THAT THERE WAS INADEQUATE NOTICE

21 FOR -- FOR THIS ACTION. WE DIDN'T RECEIVE NOTICE UNTIL

22 YESTERDAY, 11:23 A.M. YEAH, YESTERDAY, 11:23, WHICH IS NOT

23 THE APPROPRIATE AMOUNT OF TIME.

24 THE COURT: THE CERTIFICATE OF SERVICE THAT YOU FILED,

25 MS. TAITZ, SAYS THAT YOU SENT NOTICE ON JUNE 30 BY E-MAIL.

26 BUT BECAUSE OF THE TIMEFRAME, WE REQUIRE NOTICE BY NINE

CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

1 O'CLOCK. SO I HAVE TO KNOW EXACTLY WHEN YOU SENT THE

3 MS. TAITZ: ACTUALLY, ONLY I SENT AN E-MAIL. I CALLED

5 THE COURT: YOUR CERTIFICATE OF SERVICE SAYS YOU SENT

6 IT BY E-MAIL. IF YOU DID IT IN SOME OTHER FASHION, I WOULD

7 EXPECT THAT IN A DECLARATION FROM YOU. I CAN'T ACCEPT YOUR

9 THIS IS AN EX PARTE HEARING. IT IS ALL IN THE

10 PAPERS. YOU HAVE TO SWEAR UNDER PENALTY OF PERJURY THAT YOU

ALL IN THE RULES, THE CALIFORNIA RULES OF COURT. AND I

13 EXPECT YOU TO FOLLOW THEM.

15 LET'S -- LET'S HOLD OFF ON THAT TO SEE IF THERE ARE OTHER

16 ISSUES THAT WE CAN RESOLVE. BUT I -- I HAVE GOT A

17 CERTIFICATE OF SERVICE. WHAT I EXPECT IS COMPLIANCE WITH

20 I CALLED THEM ON JUNE 29. I TALKED TO SO AND SO.

21 I TOLD THEM I WAS GOING TO BE HERE AT NINE O'CLOCK ON

22 JULY 1ST. THEY SAID THEY WERE GOING TO TRY TO APPEAR BY

23 PHONE. OR THEY SAID WHATEVER THEY SAID. THAT'S WHAT I

25 COPY SOMETIME YESTERDAY BY E-MAIL.

26 AND HE IS SAYING THAT IS NOT SUFFICIENT. AND I

CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

1 WOULD HAVE TO AGREE. THAT IS NOT SUFFICIENT TO SHOW THERE

3 MS. TAITZ: THAT'S OKAY, YOUR HONOR. YOU'RE RIGHT.

6 THE COURT: BUT -- I AM SORRY. I DON'T MEAN TO

7 INTERRUPT YOU. BUT FILING AN ANSWER TO THE COMPLAINT IS NOT

10 MR. HILDRETH: YOUR HONOR, I WILL SAY ALSO THAT THIS IS

ONE HAPPENED ON JUNE 24, WHICH WAS LAST

13 THURSDAY. ANOTHER HAPPENED ON THIS MONDAY, THE 28TH. AND

15 MS. TAITZ: THEY WEREN'T THE ATTORNEYS ON THE CASE.

16 MR. HILDRETH IS NOT BEING HONEST.

17 THE COURT: HOLD ON A SECOND. MR. HILDRETH?

18 MR. HILDRETH: YES, YOUR HONOR.

19 THE COURT: I'M NOT CONCERNED ABOUT WHETHER YOU GOT

20 NOTICE FOR ANY OTHER ACTIONS. ALL RIGHT? THAT -- EITHER

21 YOU GOT NOTICE ON THIS ONE OR YOU DIDN'T. BUT I DO WANT TO

22 SAY TO MS. TAITZ --

23 MS. TAITZ: MY UNDERSTANDING WAS --

24 THE COURT: I'M SORRY, MS. TAITZ. I WASN'T FINISHED

25 SPEAKING. I WANTED TO TELL YOU, MS. TAITZ, THE RULES