Superior Court of the State of California
for the County of Orange
Department 12
No. 42 03 20
G006533
Vincent Petruzzi, Plaintiff,
vs.
Saddleback Funding Company, George & Sylvia De Luca, Defendants.
Honorable JOHN C. WOOLLEY, Judge Presiding
REPORTER'S TRANSCRIPT
January 14, 1988 WITH RESPECT TO THE THREE THOUSAND DOLLARS INDICATED IN A NOTE APRIL 5, 1983, MR. PETRUZZI EXPLAINED THAT THE MONEY WAS ACTUALLY FOR MR. KIRKLAND. THAT MR. PETRUZZI WAS TOLD HE HAD TO SIGN THE NOTE IN ORDER TO MAKE THE RECORDS, WHAT HAVE YOU. AGAIN FOR IRS PURPOSES, COMPLETE FOR MR. DE LUCA'S RECORDS. NOT THAT HE OWED THE MONEY, THOUGH HE ADMITTED TO SIGNING THE PAPER, DENIED OWING THE MONEY.
*844 WITH THAT, I WOULD SUBMIT.
THE COURT: MATTER SUBMITTED TO THE COURT FOR RULING?
MR. GLASSER: YES, YOUR HONOR.
MR. ROBERTSON: YES, YOUR HONOR. YOUR HONOR -
THE COURT: YES.
MR. ROBERTSON: BEFORE SUBMITTING THE MATTER, I WOULD LIKE TO REQUEST A STATEMENT OF DECISION IN THE CASE.
THE COURT: I WILL GIVE IT TO YOU ORALLY, SIR. SO YOU MAY WANT TO TAKE COPIOUS NOTES.
MR. ROBERTSON: I HAVE A CLEAN SHEET.
THE COURT: MAY I SEE EXHIBITS 3 AND 4, PLEASE? MAY I HAVE ALL THE EXHIBITS? I WILL JUST TAKE ALL THE EXHIBITS.
IN MAKING IT'S RULING, THE COURT HAS REVIEWED THE EVIDENCE AND CONSIDERED THE ARGUMENTS OF THE ATTORNEYS IN THIS MATTER.
IN MAKING IT'S RULING, THE COURT RELIES ON AND INCORPORATES AS PART OF THE STATEMENT OF DECISION THE COURT CHART WHICH IS BEHIND THE COURT AND HAS BEEN DISPLAYED ON BUTCHER PAPER FOR THE PLAINTIFF AND THE DEFENDANT AND THEIR ATTORNEYS TO SEE.
BASICALLY, THIS IS A CASE OF CREDIBILITY. IN WEIGHING THE TESTIMONY OF PARTIES AND WITNESSES, THIS COURT DOES RELY ON EVIDENCE CODE 412 AS CITED BY THE DEFENSE ATTORNEY.
THIS COURT IS STRUCK BY THE FACT AND FINDS THAT THE PLAINTIFF IS OF LIMITED AND SIMPLE EDUCATION. AND DID, IN FACT, SUFFER A PREVIOUS HEAD INJURY WHICH DOES, IN FACT, AFFECT HIS ABILITY TO HEAR.
AND THE FACT THAT THE DEFENDANT WAS A VICE PRESIDENT FOR A VERY SUCCESSFUL INDEPENDENT BANK, IS AND WAS A LICENSED REAL ESTATE BROKER, LICENSED COMMISSION LOAN BROKER AND LICENSED PERSONAL PROPERTY BROKER, ALL BY WAY OF ILLUSTRATION THAT DEFENDANT IS IN A POSITION OF SUPERIOR KNOWLEDGE, TRAINING, SKILL AND EDUCATION.
IN ADDITION, IN MAKING THE COURT'S RULING, THE COURT IS STRUCK BY THE FACT THAT THIS DEFENDANT PRODUCED NO DOCUMENTARY EVIDENCE FOR MONEYS WHICH HE ACKNOWLEDGED HE RECEIVED FROM PLAINTIFF. CHOOSING INSTEAD TO ASK THIS COURT TO BELIEVE THAT HE HAS NO RECOLLECTIONS OF THESE TRANSACTIONS.
THE COURT IS SATISFIED THAT PLAINTIFF GAVE THE DEFENDANT A CONSIDERABLE SUM OF MONEY AND THAT THE DEFENDANT FAILED AND REFUSED TO ACCOUNT FOR THAT SUM OF MONEY.
AND THAT, IN FACT, THE DEFENDANT HAS FAILED AND REFUSED TO RETURN TO THE PLAINTIFF THE SUM OF THIRTY-FOUR THOUSAND NINE HUNDRED TWENTY-FOUR DOLLARS AND SIXTY-SIX CENTS. COURT GIVES JUDGMENT TO THE PLAINTIFF IN SAID