TAITZ v DUNN - Transcript of Hearing July 1 2010 _100701A

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Transcript of 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

    DR. ORLY TAITZ, ESQ., ))

    PLAINTIFF, )) CASE NO. 30-2010) 00381664

    VS. ))

    DAMON DUNN AND DOES 1 THROUGH 18, ))

    DEFENDANTS, )____________________________________)

    HONORABLE GEOFFREY T. GLASS, JUDGE PRESIDING

    REPORTER'S TRANSCRIPT

    JULY 1, 2010

    APPEARANCES OF COUNSEL:

    FOR PLAINTIFF: DR. ORLY TAITZATTORNEY AT LAW

    FOR DEFENDANT: BELL MC ANDREWS & HILTACHKBY: BRIAN T. HILDRETH

    SPECIAL APPEARANCE(BY TELEPHONE)

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRROFFICIAL COURT REPORTER

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

    2 MORNING SESSION

    3 -O0O-

    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

    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

    11 I APPRECIATE BEING ABLE TO APPEAR VIA COURT CALL.

    12 THE COURT: ALL RIGHT. YOU ARE SPECIALLY APPEARING? I

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

    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

    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

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    3

    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

    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

    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

    11 GAVE THEM NOTICE AND TO DO IT BY WAY OF DECLARATION. THAT'S

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

    13 EXPECT YOU TO FOLLOW THEM.

    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

    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.

    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

    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

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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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.

    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

    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

    11 THE THIRD ATTEMPT THAT PLAINTIFF HAS MADE IN AN EX PARTE

    12 APPLICATION. ONE HAPPENED ON JUNE 24, WHICH WAS LAST

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

    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.

    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

    26 REGARDING EX PARTE APPLICATION ARE RULE 3.1200 AND THROUGH

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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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

    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

    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

    11 MADE TWO OTHER APPLICATIONS --

    12 MS. TAITZ: MAY I RESPOND?

    13 THE COURT: I'M SORRY. MR. HILDRETH SAID YOU MADE TWO

    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.

    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

    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.

    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.

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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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

    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

    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

    11 GOT THE ANSWER.

    12 I WAS TOLD THAT THEIR MESSENGER APPEARED IN LAGUNA

    13 HILLS COURTROOM MONDAY AT FOUR O'CLOCK AND WERE TOLD THE

    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.

    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

    20 ANSWER FILED HERE. SO I ACTUALLY CALLED ANOTHER PLAINTIFF

    21 WHO FILED ANOTHER LAWSUIT AGAINST MR. DUNN TO GET THEIR

    22 PHONE NUMBER.

    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

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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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,

    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

    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.

    11 NOW, I DON'T NEED TO HEAR ABOUT ALL OF THAT STUFF.

    12 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

    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.

    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

    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

    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.

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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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

    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

    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

    11 TALKING, I WON'T. I WILL JUST RULE ON YOUR MOTION. DO YOU

    12 WANT TO TALK, OR DO YOU WANT ME TO TALK?

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

    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.

    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.

    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

    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

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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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

    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

    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

    11 TOMORROW, OR ARE YOU WILLING TO GO AHEAD TODAY?

    12 MR. HILDRETH: WE CAN GO FORWARD, YOUR HONOR. WE'RE

    13 PREPARED TO DISCUSS THE MERITS.

    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

    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 --

    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.

    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

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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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

    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

    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

    11 SECRETARY OF STATE AS -- I DON'T KNOW IF YOUR HONOR HAD AN

    12 OPPORTUNITY TO READ THE ACTUAL COMPLAINT AND ALL THE

    13 EXHIBITS. BUT THIS IS A COMPLAINT FOR FRAUD COMMITTED BY

    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

    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

    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

    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

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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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

    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 --

    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

    11 ELECTION. SO YOU'RE SAYING WE'RE AT THE PROCESS WHERE THE

    12 ELECTION -- THE VOTES HAVE ALL BEEN CAST. BUT BEFORE WE

    13 KNOW THE RESULTS OF THE ELECTION, BEFORE THEY'RE OFFICIAL,

    14 YOU WANT ME TO STOP IT?

    15 MS. TAITZ: TO STAY THE CERTIFICATION, YES.

    16 CERTIFICATION.

    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.

    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

    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.

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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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

    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

    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

    11 FRAUD --

    12 THE COURT: I UNDERSTAND THAT. BUT I DON'T THINK YOU

    13 ANSWERED MY QUESTION. WHAT DIFFERENCE DOES IT MAKE TO YOUR

    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

    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

    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 --

    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

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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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

    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

    8 EVERY REGISTRAR EVERYWHERE.

    9 MS. TAITZ: I WILL --

    10 THE COURT: HOLD ON A SECOND. IF I WERE TO SAY TO ALL

    11 THE REGISTRARS DO NOT COUNT THE VOTES IN THIS -- DO NOT

    12 CERTIFY THE VOTES IN THIS ELECTION, HOW WOULD YOU BE ABLE TO

    13 GO INTO THE GENERAL ELECTION? WHAT WOULD HAPPEN? THERE

    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

    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

    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.

    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.

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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    1 THE COURT: I AM SORRY. MC KINNEY DOESN'T SAY THAT.

    2 NEITHER DOES THE --

    3 MS. TAITZ: ACTUALLY --

    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.

    8 MR. HILDRETH: YOUR HONOR, MAY I SAY SOMETHING HERE?

    9 THE COURT: NO. HOLD ON A SECOND.

    10 MR. HILDRETH: OKAY.

    11 MS. TAITZ: ACTUALLY, THE PRECEDING CASES OF GILMORE V.

    12 JORDAN AND POWER V. JORDAN -- AND THOSE ARE THE CASES THAT I

    13 QUOTED -- SPECIFICALLY STATED THAT THE COURT -- THE DISTRICT

    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

    17 MR. GILMORE.

    18 THAT'S THE OPPOSITE. EXACTLY THEY WERE TOLD DON'T

    19 CERTIFY THE VOTES BECAUSE FRAUD WAS COMMITTED. THAT IS

    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.

    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.

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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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

    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?

    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

    11 NOT ASK YOU FOR THAT. ALL I ASKED IS FOR YOU TO FOLLOW THE

    12 PRECEDENCE OF MC KINNEY WHERE RIGHT HERE ACROSS THE STREET,

    13 FOURTH --

    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

    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

    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

    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.

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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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,

    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

    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 HE DOES. BUT THAT'S NOT CLEAR.

    12 OKAY. THEY CERTIFY IT. YOU STILL HAVE YOUR CAUSE

    13 OF ACTION TO ANNUL IT. YOU HAVE THE SAME CAUSE OF ACTION

    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

    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

    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.

    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

    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,

    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 SCHEDULED.

    12 IF IT IS SOMETHING THAT CAN BE SCHEDULED SOON

    13 ENOUGH, MAYBE WE CAN FIND SOME KIND OF RESOLUTION. AND

    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.

    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.

    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.

    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

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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    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

    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.

    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 SO THAT IS UNDER THE ELECTIONS CODE. AND I THINK BASED ON

    12 THAT, MS. TAITZ DOESN'T MEET THE STANDARD FOR A TRO.

    13 IN OTHER WORDS, THERE IS NO REPARABLE HARM TODAY

    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

    17 "ELECTION CONTESTS."

    18 AND THIRD, I GUESS SHE HASN'T SHOWN A REASONABLE

    19 PROBABILITY OF SUCCESS ON THE MERITS OF HER UNDERLYING

    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.

    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.

    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

    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 YESTERDAY. AND REALLY ONCE I SAW THAT, THE FACTS WERE

    12 ENTIRELY DIFFERENT FROM WHAT WE'RE FACING HERE TODAY. AND

    13 THAT IS THEY WERE ALLOWING A CANDIDATE TO APPEAR ON THE

    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.

    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

    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.

    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.

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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    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

    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

    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 MATTER OF FACT, AS YOU STATED, YOUR HONOR, ABSOLUTELY

    12 CORRECTLY, IF THE LAW WOULD HAVE BEEN AS MR. HILDRETH WANTS

    13 IT TO BE, THEN THE -- RIGHT HERE, THE COURT OF APPEALS IN

    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

    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

    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

    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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    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,

    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

    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 BUT YOU'RE CLAIMING FRAUD IN THE ELECTION ANYWAY.

    12 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

    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

    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.

    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.

    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

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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    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.

    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

    8 NO -- CODE OF CIVIL PROCEDURE 44 DOESN'T PROVIDE FOR

    9 PRIORITY OF HANDLING OF ELECTION COMPLAINTS IN THE SUPERIOR

    10 COURT.

    11 THERE MAY BE OTHER SECTIONS. I TRIED TO FIND

    12 THEM. I COULDN'T FIND THEM. YOUR CITATION, THOUGH, TO 44

    13 IS FOR THE APPELLATE COURTS AND THE COURT OF APPEAL -- AND

    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

    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

    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

    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.

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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    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

    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.

    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 THE COURT: NO. I'VE RULED. THANK YOU VERY MUCH.

    12 MR. HILDRETH: THANK YOU, YOUR HONOR.

    13 (PROCEEDINGS ADJOURNED.)

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    26

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR

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    REPORTER'S CERTIFICATE

    I, CHRISTINE L. BELASCO, CSR NO. 6189, OFFICIAL

    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

    PROCEEDINGS HAD IN SAID CAUSE.

    DATED AT SANTA ANA, CALIFORNIA, THIS 8TH DAY OF

    JULY, 2010.

    ______________________________CHRISTINE L. BELASCO, CSR 6189

    OFFICIAL COURT REPORTER

    CHRISTINE L. BELASCO, CSR 6189, RPR, CRR