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Getting Down with Depositions - Shared screen with speaker view
*Shara Johnson
01:07:45
Chat Live Now
Kelly Davidian
01:07:46
Did you introduce yourself?
Miguel Martinez
01:08:07
Did you relax the witness
Anna Moore-Goodwin
01:08:12
Do you wear glasses?
Jesse Avila
01:08:14
Are you taking any medications that would affect your agbility to recall or relate you r responses.
Christopher Melling
01:08:14
does court reporter automatically record day, time, etc. information
Ugochi Lynne Nicholson
01:08:19
Are you able to give you best testimony
rosab
01:08:33
are you taking any medication that may hinder your testimony today
*Madeline Howard (she/her)
01:08:42
Yes, the court reporter's transcript will include the date and time of deposition
Lizette Valles
01:08:44
did you id your client?
rosab
01:12:15
do you ask them if they reviewed any documents to prepare for the depo, so you can ask them for them later
Joshua Johnson
01:12:52
What to do if the PMK says to EVERYTHING, "I don't recall" or "I am not sure"
Jesse Avila
01:14:22
Rosab's questions is good: Ask if they reviewed any documents in anticipation or preparation for the depo; did they talk to anyone in preparation for the depo; and where they told what to say or given any information in ancipation for the deposition. If so, ask for the documents and information.
*Madeline Howard (she/her)
01:17:20
Yes, good idea to ask them if they reviewed any documents before the deposition
Kelly Davidian
01:17:42
question was too vague
Christopher Melling
01:17:48
just ask the witness what her duties are
Anna Moore-Goodwin
01:17:49
Let me restate the question.
*Madeline Howard (she/her)
01:17:50
If the PMK does not know the answers to questions that were listened in your deposition notice, you can demand that the other side produce a different witness who does know.
Kelly Davidian
01:17:54
Could have asked if she does x, or does y?
Valentina Escobar
01:17:56
You could redirect/restate the question if it was too vague.
Ugochi Lynne Nicholson
01:17:59
Asked her to stop making the speaking objection. Narrow the question.
Beatriz Garcia
01:18:00
Say, you can answer if you understood
Camille Nguyen
01:18:06
not a proper objection
Grant Chamness
01:18:09
could have narrowed the question or say you can answer if you understand
Diana Hernandez
01:18:11
just say if witness understood the question they should answer
rosab
01:18:20
she was making improper speaking objections
rosab
01:20:06
Sue is though!
Camille Nguyen
01:22:26
"deal with creepy boss"
Ugochi Lynne Nicholson
01:22:26
Creepy boss?
Jasmine Robinson
01:22:26
the "creepy boss"
Jina Kim
01:22:27
boss
Dustin Stroeve
01:22:27
the creepy boss
Christopher Melling
01:23:23
are you also looking to impeach the witness based on interrogatories, written discovery, previous answer to question earlier in deposition, etc.?
*Sue Himmelrich
01:24:53
re impeachment - yes this can be valuable if the witness contradicts the written discovery.
mandeep
01:26:06
In this LL-T example, how do you determine whether a depo is financially worth it? (For example, if the T loses, and there’s an attorney-fees clause in the lease, the T may be liable for said depo).
Joshua Johnson
01:27:11
the litigant has to make that personal decision
*Madeline Howard (she/her)
01:27:18
It depends on how factually intensive the case is. Sometimes the facts are basically uncontested, and you don't need a depo because your whole defense is procedural
*Madeline Howard (she/her)
01:27:54
but, if your defense is based on oral discriminatory statements, or harassment, or other factual issues that are hard to prove through documentary evidence, a depo will be key
Joshua Johnson
01:29:35
but for business records how do I establish that it's taken in the normal course of business etc?
Joshua Johnson
01:29:47
don't I need some testimony to establish that?
Joshua Johnson
01:29:49
I am not sure.
mandeep
01:42:33
What would prompt the creation of the entry into the log?• How do managers direct the repair log?• Does a specific entry relate to this particular T?• Was request by T performed?• How long have you worked with the mgmt company?
Miguel Martinez
01:42:39
What if a staff at the property management forgets to log a tenant’s request for a repair?
Emily Ikuta
01:42:46
• When was the log prepared? What time frame does this log cover?• How often do you maintain the repair log?• Can people make edits?• Have you gone back and made edits to the log after the fact? If so, what edits? On what dates?• Who are the “other managers”?• Who are the maintenance and repair workers?• How is this maintenance log prepared?
Brit Nuckles
01:42:48
b. How soon after you get the request does it go into the log?When do you update the log after the maintaince has been preformed?d. Who has access to the document?
Dustin Stroeve
01:42:48
How quickly after receiving a request do you enter it into the log?Do you recall receiving a request for repairs from plaintiff?Do you recall putting a request from the plaintiff in the log?Did you do this personally or did another manager?
Kelly Davidian
01:42:55
Is it required by law? Does it comply? How many people enter/write it?
Kelly Davidian
01:43:02
ow many people edit?
Emily Branan
01:43:02
How do you maintain and prepare log? How frequently do you update it?
Kelly Davidian
01:43:05
Is it complete?
Kelly Davidian
01:43:10
who else touches/edits
Marcelina Mahoney
01:43:16
How soon after getting a repair request from a tenant does the manager put it in the log?
Kelly Davidian
01:43:23
Is it scheduled? Does it follow the schedule accurately?
Marcelina Mahoney
01:43:25
Who has access to the document?
Kelly Davidian
01:43:28
ORiginal? Copy?
Andrew Webman
01:43:36
Is it not a statement by a party opponent?
Kelly Davidian
01:43:36
Time frame log covers?
Emily Branan
01:43:43
How long has the log been used by the office?
Moira Cullen
01:43:47
Did anyone else prepare/edit this document? Doea anyone else have access? How is it stored? Exactly what date was the document prepared? Read contents into the record? Is this an accurate record?
Kelly Davidian
01:43:47
how frequently are new logs started?
Kelly Davidian
01:43:52
Any gaps?
Kelly Davidian
01:44:04
is this the log from time tenant lived in building?
Jonathan Lee
01:44:10
Was this log made in the standard course of business?
Kelly Davidian
01:44:11
Log for each bldg?
Kate Wood
01:44:16
Who else has authority to add requests to or maintain the log?Who decides which requests receive maintenance attention?Is the document a true and accurate copy?Where the entries added to the log at the time the requests were received?Are there procedures by which requests would not be recorded on the log?Are there procedures by which entries would be removed from log?By what means are requests included on log received?
Kelly Davidian
01:44:23
what type of maintenance?
Tania Schloss
01:44:24
How are the logs prepared?
Kelly Davidian
01:44:38
Anyone responsible for reviewing? Is it always same person?
Kelly Davidian
01:44:49
types of maintenance logged?
Kelly Davidian
01:44:54
Confirm date/accuracy?
rosab
01:48:04
can you only leave it open if you have not used the 7 hours total?
Moira Cullen
01:54:51
Hi Matt! Hope you are doing well, Moira
Rebecca Moskowitz
01:54:58
Hi! Thanks so much, this was great!
Miguel Martinez
01:55:33
Can landlord question the history of the tenant about their behavior history to claim to evict them?
rosab
01:56:31
what is the program to get refund for depo transcript
Kelly Davidian
01:57:09
Can you tell us what the contact info is?
Joshua Johnson
01:57:14
"Transcript Reimbursement Fund"
rosab
01:57:23
thank you!
Joshua Johnson
01:57:32
https://www.courtreportersboard.ca.gov/formspubs/trf_legreport.pdf
Grant Chamness
01:57:35
Thanks you!
Joshua Johnson
01:57:52
https://www.courtreportersboard.ca.gov/licensees/what_is_trf.pdf
*Madeline Howard (she/her)
01:58:16
https://www.courtreportersboard.ca.gov/licensees/guidelines.pdf
Rebecca Moskowitz
01:58:33
is there a way to send out a copy of this chat? I am having difficulty cutting and pasting from it
Moira Cullen
01:58:37
what time is July 21 training?
Joshua Johnson
01:58:39
thank you WCLP folks!!!Please do this again soon!!!! :-)
rosab
01:58:44
thank you. this was very informative.
Kelly Davidian
01:58:51
Thanks so much! Great training!
Eileen Ma
01:59:14
Thank you all!!
Jonathan Lee
01:59:41
Thank you!
Jessica Hernandez
01:59:41
Thank you!
Jumana Bambot
01:59:45
Thank you!
Moira Cullen
01:59:50
thank you!
Helen Tran
01:59:51
thank you! great training!
Ugochi Lynne Nicholson
01:59:53
Thank you!
Brit Nuckles
01:59:55
Thank you!!
Maria Aguiniga Guzman
01:59:56
Thankyou! Great training!
Ugochi Lynne Nicholson
01:59:57
Wonderful training
Emily Ikuta
02:00:04
Thank you!
Christina Gonzalez (she/her)
02:00:11
Many thanks!