Boffah Deposition
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF ALAMEDA
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MOUNTAINSIDE JUDICIAL DISTRICT
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SUNNYSIDE MANAGEMENT GROUP,
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Plaintiff,
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-vs-
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MARY JACKSON,
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Defendant.
___________________________/
CASE NO. 204-3561
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DEPOSITION OF:
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MICKEY PAUL BOFFAH
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March 23, 2004
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Reported by:
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SHERYL DEGAN
C.S.R. NO. 854290314
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CULBERT & STANTON
Certified Shorthand Reporters
55 New Sunny Street, Suite 625
Mountain Side, CA
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I N D E X
O F
E X A M I N A T I O N S
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Examination by:
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Page:
MS. NASH
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-o0o-
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I N D E X
O F
E X H I B I T S
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(None.)
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DEPOSITION OF MICKEY PAUL BOFFAH
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-o0o-
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BE IT REMEMBERED that, pursuant to
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Notice of Taking Deposition, and on
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March 23, 2004, commencing at the hour of 3:42 a.m.
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thereof, at the LAW OFFICES OF MARTINA NICOLA NASH,
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140 Mountain Avenue, Suite 206, Mountainside,
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California, before me, SHERYL DEGAN, a Certified
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Shorthand Reporter in and for the State of
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California, personally appeared
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MICKEY PAUL BOFFAH,
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called as a witness herein; and the said witness,
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being by me first duly sworn, was thereupon
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examined and testified as is hereinafter set forth:
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-o0o-
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A P P E A R A N C E S:
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LAW OFFICES OF DAN EVERETT, represented
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by DAN EVERETT, Attorney at Law, 111 Vista View
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Avenue, Suite 111, Mountainside, California,
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DEPOSITION OF MICKEY PAUL BOFFAH
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appeared as counsel on behalf of the Plaintiffs.
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LAW OFFICES OF MARTINA NICOLA NASH,
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represented by MARTINA NICOLA NASH, Attorney at
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Law, 140 Mountain Avenue, Suite 206, Mountainside,
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California, appeared as counsel on behalf of
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DEFENDANT SUNNYSIDE MANAGEMENT GROUP.
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LAW OFFICES OF JOSEPH THOMAS,
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represented by JOSEPH THOMAS, Attorney at Law,
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P.O. Box 14, Mountainside, California,
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appeared as counsel on behalf of DEFENDANT DIANA
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Marfani.
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DEPOSITION OF MICKEY PAUL BOFFAH
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P R O C E E D I N G S
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MS. NASH:
Mr. Boffah -- is that your
name, sir?
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THE WITNESS:
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MS. NASH:
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Would you state your full
name for the record, please.
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THE REPORTER:
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MS. NASH:
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Yes.
He's not sworn in yet.
Sorry.
Would you state your full name for the
record, please?
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THE WITNESS:
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MS. NASH:
Mickey Paul Boffah.
Mr. Boffah, are we in
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agreement that the mileage from here to Marcus Peak is
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28 miles one way?
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THE WITNESS:
From here to Marcus Peak?
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MR. EVERETT:
Varley.
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MS. NASH:
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THE WITNESS:
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Varley.
I'm sorry.
I think it's a little more
than that. I came down 23 to 101, then on King View
Throughway,
okay?
MS. NASH:
Well, according to Yahoo,
taking that exact route -Mr. Everett, could you just wait
for a minute?
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DEPOSITION OF MICKEY PAUL BOFFAH
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MR. EVERETT:
Let the record reflect that
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we're objecting to this deposition until you give
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my client expert witness fees of $250 an hour.
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MS. NASH:
No.
You named him in interrogatory responses
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as a percipient witness.
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Your client responded that Mr. Boffah is a percipient witness.
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No expert disclosure has been requested.
Mr. Boffah, according to the same
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route, my computer indicates that it's 28 miles one
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way.
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THE WITNESS:
parking stub, too.
That's fine.
I parked.
MS. NASH:
This check is intended to
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cover, in part, your parking.
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fee of $35, and mileage of $9.80.
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I got a
MR. EVERETT:
So, I have a witness
We object to that.
He's
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demanding $250 an hour, for a minimum of four hours.
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So, you owe him $1,000.
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bill for that, Miss Nash.
You're going to be
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getting a bill for 1,000.
If you don't pay it,
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we'll probably take you to Small Claims Court.
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MS. NASH:
And you're going to get a
Pursuant to our discussion
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of Friday, Mr. Boffah is not here as an expert,
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and you agreed to that, since you named him in your responses.
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MR. EVERETT:
want expert witness fees.
I never agreed.
I said we
If you don't pay them
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DEPOSITION OF MICKEY PAUL BOFFAH
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now, we're going to bring an action --
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MS. NASH:
Would you swear in the
witness, please.
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-o0o-
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MICKEY PAUL BOFFAH,
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having been first duly sworn, was examined and
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testified as follows:
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-o0o-
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EXAMINATION BY MS. NASH
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MS. NASH:
Q.
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is Martina Nash.
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Company in this matter.
Mr. Boffah, my name
I represent SUNNYSIDE Management
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Does Mr. Everett represent you today?
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MR. EVERETT:
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Of course I'm representing
him.
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MS. NASH:
Q.
Aside from the cue that
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he just gave you, is Mr. Everett acting as your
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attorney today?
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A.
I'm working with him.
exactly if he's my attorney.
I don't know
He is a lawyer.
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Q.
Is he your lawyer?
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A.
Right now, this minute, no.
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Q.
Mr. Boffah, as you know, from the
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subpoena that was served on you and our subsequent
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telephone conversations, you have been subpoenaed
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DEPOSITION OF MICKEY PAUL BOFFAH
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to appear today to give your perceptions relating
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to this matter.
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asked to appear as an expert or to give your expert
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testimony.
have.
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We will not ask you about any opinions you may
Do you understand that?
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A.
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perceptions.
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Q.
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You have not been subpoenaed or
I'm not quite sure what you mean about
Are you willing to provide your
testimony today about your perceptions?
Are you
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willing to appear today and testify about your
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perceptions?
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A.
What's your definition of perceptions?
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Q.
Things that you saw, things that you
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heard, things that you said or wrote down.
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A.
Yes.
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Q.
Are you willing to do that without being
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compensated as an expert witness?
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MR. EVERETT:
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that.
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of $250 an hour.
Mr. Boffah wants to get his witness fees
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MS. NASH:
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Mr. Boffah.
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Mr. Everett.
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We already objected to
You don't represent
This doesn't concern you,
This is between me and Mr. Boffah.
MR. EVERETT:
He's my designated expert.
I hired him.
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DEPOSITION OF MICKEY PAUL BOFFAH
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MS. NASH:
You didn't designate him – there
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has been no demand and no disclosure.
It is up to
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Mr. Boffah to decide whether or not he's going to
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testify today.
And I'm asking him, not you.
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Q.
Mr. Boffah?
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A.
At this point, I appoint Mr. Everett as
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my attorney.
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Q.
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Okay.
Mr. Everett to be your attorney?
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In that regard, when did you hire
MR. EVERETT:
MS. NASH:
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MR. EVERETT:
No, it isn't.
You have no right to
interfere with that, ma'am.
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That's a
violation of attorney-client privilege, ma'am.
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I object to that.
I instruct the witness not to answer
that question.
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MS. NASH:
It's not an invasion of the
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attorney-client privilege to ask when you were
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retained.
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THE WITNESS:
seconds ago.
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MS. NASH:
Q.
Do you have any need to
consult with your attorney before we continue?
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I just retained him 30
MR. EVERETT:
Please pay him his fee, $250
an hour.
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DEPOSITION OF MICKEY PAUL BOFFAH
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MS. NASH:
He's not going to be paid
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his fees, Mr. Everett.
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both of you.
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and failed to do so.
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and we have every right to depose him.
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at this time, we will seek a contempt citation
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against him.
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Mr. Boffah is a percipient witness you named,
If he chooses not to testify
He's going to testify.
He's going to send you a nice bill.
MS. NASH:
The bill will not be
honored.
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You have had time to amend the interrogatory responses
MR. EVERETT:
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We've been over this with
MR. EVERETT:
If you don't pay the bill,
he'll be seeing you in Small Claims Court.
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MS. NASH:
It still will not be
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honored.
The Small Claims Court will note there's
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been a subpoena served on Mr. Boffah, not for his
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expertise but for his perceptions.
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This is perfectly appropriate and proper
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under the Code, as has been explained to him and to
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Mr. Everett.
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Mr. Everett --
MR. EVERETT:
It's a ruse to try to get
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around to pay the money because you're too greedy
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and cheap.
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THE WITNESS:
We'll let Judge Foley
decide that in Small Claims Court, I guess.
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DEPOSITION OF MICKEY PAUL BOFFAH
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MR. EVERETT:
Take her to Small Claims
Court in Varley.
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THE WITNESS:
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MS. NASH:
Yes.
At this time, we will
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conclude the deposition.
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citation against Mr. Boffah.
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I will seek a contempt
I also note, for the record, that
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Mr. Everett was subpoenaed to testify at 1:30 this
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afternoon and failed to appear.
He has no
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protective order, and he has provided no other information
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that would preclude his testimony.
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Anything else, Mr. Thomas?
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MR. THOMAS:
I have nothing to add at
MR. EVERETT:
Mr. Boffah is ready to
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this time.
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testify on the perceptions but he will not agree to
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your $45 fee.
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willing to testify as you subpoenaed him.
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He wants $250 an hour.
MS. NASH:
But he's
I did not subpoena him to
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testify for $250 an hour, Mr. Everett.
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well aware of it.
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time, Mr. Thomas's time, the court reporter's time
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and my time to have everyone come here so you could
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make this little grandstand play.
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You've been
You've now wasted Mr. Boffah's
In fact, Mr. Boffah is going to be
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DEPOSITION OF MICKEY PAUL BOFFAH
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receiving a summons to the court, to explain to the
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court why he failed to appear.
And I will seek a
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contempt citation against him.
And if possible, I will seek a
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contempt citation against you for interfering with
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this deposition.
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Sir, are you ready to
THE WITNESS:
I'm here.
testify?
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MR. EVERETT:
I specifically drove from Varley down
here to testify under the subpoena.
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MS. NASH:
Q.
Mr. Boffah, do you
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recall that we had two telephone conversations in
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which I explained to you that you were not going to
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be paid your expert witness fee, you were going to
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be summoned here for the purpose of giving your
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perceptions relating to this matter, and that you
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had not been disclosed as an expert witness, and
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when and if you should, we would make a decision as
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to taking your deposition at that time as an
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expert.
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Do you recall those two conversations?
A.
I recall you threatening me with
contempt citation.
Q.
Do you recall me telling you that I was
not going to take your deposition as an expert at
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DEPOSITION OF MICKEY PAUL BOFFAH
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this time?
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A.
And I told you I was retained --
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Q.
Excuse me, sir.
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question.
Please answer the
Do you recall --
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A.
Would you let me finish?
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Q.
No.
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A.
I'm trying to finish.
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Q.
Your answer is nonresponsive.
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Excuse me.
It is a
"yes" or "no" answer.
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Do you recall my telling you that I did
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not intend to take your deposition as an expert at
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this time; "yes" or "no"?
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A.
No.
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Q.
You do not recall that, sir?
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A.
It's asked and answered.
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MS. NASH:
Thank you.
This deposition
is concluded.
MR. EVERETT:
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question Mr. Boffah.
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MS. NASH:
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MR. EVERETT:
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No.
This is your opportunity to
No, it isn't.
You can do it or not do it.
You don't want to do it?
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MS. NASH:
No.
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MR. EVERETT:
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MS. NASH:
No.
You're waiving it then.
We're -13
DEPOSITION OF MICKEY PAUL BOFFAH
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MR. EVERETT:
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MS. NASH:
How about you, Mr. Thomas?
We're not waiving it.
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not waiving it, Mr. Everett.
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of order with that.
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whatsoever.
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You are entirely out
We are not waiving anything
MR. EVERETT:
You're waiving it because
he's here.
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We're
MS. NASH:
No.
He is here and he is
refusing to testify under the conditions of the
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subpoena.
Therefore we will seek a contempt
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citation against him.
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MR. EVERETT:
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MS. NASH:
He is willing to testify.
That has nothing to do with
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waiving it.
We are not going to take his
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deposition either under your threat or his threat
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of what will happen later.
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comply with the subpoena or we will see him in
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court and let Judge Foley decide.
He's either going to
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THE WITNESS:
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MS. NASH:
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MR. EVERETT:
Sir, are you willing to
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THE WITNESS:
Yes.
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MR. EVERETT:
He's willing to testify.
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MS. NASH:
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I'm here to comply.
No, you're not.
testify?
Q.
Mr. Boffah, are you
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DEPOSITION OF MICKEY PAUL BOFFAH
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willing to testify as to your perceptions without
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making any claim now or at any time in the future
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for expert witness fees for what you are about to
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testify to?
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A.
"Yes" or "no," sir?
I can't waive things into the future,
ma'am.
Q.
I'm asking about -- you had threatened
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previously to go to Small Claims Court to seek your
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fees for today's deposition.
If that is your
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intention, we will adjourn, and we will have Judge
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Foley decide.
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MR. EVERETT:
Take a five-minute recess.
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Why don't we take a recess.
MS. NASH:
Mr. Everett.
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Would you be quiet,
There is a question pending.
MR. EVERETT:
Let the record reflect that
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I'm serving a notice of deposition on Diana
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Marfani by giving a copy to Mr. Thomas.
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are, Mr. Thomas.
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Mr. Everett.
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Q.
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Here's your copy, too.
MS. NASH:
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Here you
There is a question pending,
I would like an answer to my question.
"Yes" or "no"?
MR. EVERETT:
We're going to take a
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recess and we'll discuss it, and we'll be back in
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five minutes.
Can you handle that, Miss Nash?
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DEPOSITION OF MICKEY PAUL BOFFAH
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Can you handle it?
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MS. NASH:
I'd like to focus on your
motions now, Mr. Everett.
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MR. EVERETT:
Yes.
And by the way, you
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have served me with a notice to produce documents
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and answer interrogatories.
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letter, that you will getting them by the 15th.
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So, you're premature.
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off calendar because you'll get them by the 15th,
I sent you, by fax, a
I'm asking you to take those
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sir.
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without considering what's going on here.
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You have jumped the gun, as you usually do,
MS. NASH:
Mr. Everett, you are the one
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who has failed to respond to written discovery and
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you produced some of your clients for deposition
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and withheld discovery while doing so.
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think we're jumping the gun at all.
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MR. EVERETT:
Get a job, lady.
MS. NASH:
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(Recess taken.)
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MS. NASH:
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Get a
job.
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I don't
I have one.
Would you read back the
question, please?
(Whereupon the following record was
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read:
"Question:
I'm asking about --
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you had threatened previously to go to
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DEPOSITION OF MICKEY PAUL BOFFAH
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Small Claims Court to seek your fees
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for today's deposition.
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your intention, we will adjourn, and we
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will have Judge Foley decide.")
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MS. NASH:
Q.
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MR. EVERETT:
If that is
Is that your intention?
This is the intention.
We
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will either -- he's willing to testify right now.
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He's willing to go forward with the deposition, as
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you noticed it.
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And any fees, we're willing to
submit to Judge Foley.
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MS. NASH:
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MR. EVERETT:
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No.
Whichever is more
convenient for the parties.
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MS. NASH:
No.
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MR. EVERETT:
So that's what we're
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willing to do.
If you're not willing to go
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forward, then it shows you're waiving --
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MS. NASH:
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MR. EVERETT:
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No.
You're waiving the right to
his deposition.
MS. NASH:
No.
What it shows, that
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we -- by not going forward, we're not going to
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submit to your petty extortion plans, Mr. Everett.
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So the deposition is concluded.
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However, before we go off the record -17
DEPOSITION OF MICKEY PAUL BOFFAH
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MR. EVERETT:
How about -- wait a minute.
I got a question.
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Mr. Thomas, are you going to go
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forward?
This is the time we planned for
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Mr. Boffah to give perception testimony.
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Are you ready to go forward,
Mr. Thomas, or not?
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MR. THOMAS:
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propose we go forward?
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MR. EVERETT:
Under what terms do you
As -- you know, you want to
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ask him questions about what he saw that day, based
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on your representation of Diana Marfani.
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want to ask him questions about that?
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MR. THOMAS:
Do you
Mr. Boffah, will you
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agree to answer questions about your perception
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concerning this unit without making any claim for
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expert witness fees?
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THE WITNESS:
Yes, I agree to answer
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questions about my perception.
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which I make a living.
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now and in the future all my -- you know, my
22
livelihood.
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livelihood.
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I can't waive that
You're asking me to waive
You're asking me to give up my
MR. THOMAS:
No.
What I'm asking you
to do is to waive any right to claim expert witness
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DEPOSITION OF MICKEY PAUL BOFFAH
1
fees for this deposition today.
2
THE WITNESS:
Well, Miss Nash indicated
3
to me last week that I was going to be retained to
4
give expert opinion on, I believe, this case, that
5
was noticed for today.
6
MR. THOMAS:
7
You're not suggesting that
Miss Nash has retained you; are you?
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9
Not the one last week.
THE WITNESS:
I think that's what this
deposition was going to be for, an expert opinion
10
for this case.
11
one for last week was not.
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to which is and which isn't.
13
It was noticed for today.
MR. THOMAS:
And then
So it's convoluted as
Will you testify today,
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and give your perceptions as a percipient witness
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without making a claim for expert witness fees?
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THE WITNESS:
of my perceptions.
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19
Yes, I'll answer questions
MR. THOMAS:
Great.
Then we can go
forward.
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THE WITNESS:
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MS. NASH:
Q.
Okay.
So, I am handing
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Mr. Boffah a check for $44.80 which, by my
23
calculation, represents the mileage and the $35
24
witness fee which covers your testimony for today.
25
A.
Is that for this subpoena for deposition
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DEPOSITION OF MICKEY PAUL BOFFAH
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today?
2
Q.
Yes.
3
A.
I understood we were going to be doing
4
both for today and the 9th.
5
take care of both of them in one deposition here
6
today?
7
Weren't we going to
I was served with two subpoenas.
Q.
You were served with two subpoenas.
8
Mr. Everett indicated that you were ill, even though
9
we had a conversation and you did not indicate you
10
were ill.
11
not appear because you were not being paid your
12
expert witness fee.
13
And then Mr. Everett said that you would
So, you simply did not appear.
Do you recall, Mr. Thomas, if we had
14
any discussions about whether Mr. Boffah would
15
appear today for both matters?
16
MR. THOMAS:
No, there was no such
17
agreement as to Mr. Boffah.
18
that you were going to take his deposition today
19
and I would participate in that, in his capacity as
20
a percipient witness.
21
future, we may take his deposition as an expert
22
witness, if we decide to do so, once he becomes
23
designated as an expert witness.
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MR. EVERETT:
My recollection is
And at sometime in the
It's my understanding we
talked both cases, Jackson versus SUNNYSIDE Management
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DEPOSITION OF MICKEY PAUL BOFFAH
1
and SUNNYSIDE Management versus Jackson, at this time.
2
And that this would be your one shot at it.
3
thought that was it.
4
cases and the other cases.
5
6
You can't go on one of the
MR. THOMAS:
Let's go off the record
for a second.
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(Discussion off the record.)
8
MR. THOMAS:
9
And I
Let's go back on the
record.
10
As I understand it, Mr. Everett, you'd
11
like us to agree that this percipient witness
12
deposition of Mr. Boffah is in both Jackson versus
13
Marfani and SUNNYSIDE versus Jackson.
14
to do that.
15
have the right to take Mr. Boffah's deposition at
16
a later time as an expert witness.
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MR. EVERETT:
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that.
19
waste time?
20
Although you should understand that I
I don't see the purpose of
Let's just get it over with right now.
MS. NASH:
20 minutes arguing about this.
22
where we started.
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MR. EVERETT:
it into two parts?
Why
We've already wasted about
21
23
And I'm willing
We're right back
Why are you going to split
It's abusive.
MR. THOMAS:
We're not taking his
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DEPOSITION OF MICKEY PAUL BOFFAH
1
deposition as an expert witness.
2
that, Mr. Boffah?
3
THE WITNESS:
4
MR. THOMAS:
5
MS. NASH:
Do you understand
Yes.
Great.
Either Mr. Thomas or I or
6
both have the opportunity to take Mr. Boffah's
7
deposition as an expert at a later time once that
8
process has been undertaken, period.
9
question.
10
MR. EVERETT:
11
that.
12
One bite.
13
it's your nickel.
14
once.
Not a
Of course we'll object to
You get one bite at the apple and that's it.
If you're going to take it and blow it,
A person can only be deposed
That's the law.
15
MS. NASH:
No, Mr. Everett, that's not
16
the law.
17
will again simply stop the deposition and seek a
18
writ of contempt against Mr. Boffah for failing
19
to appear.
20
And unless you have some legal authority, we
MR. EVERETT:
He's here.
He's ready to
21
testify.
22
depositions because, according to CCP 2025 you're only
23
allowed one deposition.
24
25
We are going to oppose any further
MS. NASH:
Well, except, Mr. Everett,
either you are ignorant of the law to an extent
22
DEPOSITION OF MICKEY PAUL BOFFAH
1
which is impossible for me to believe, or you
2
simply misrepresent it routinely.
3
you know and I know that we are entitled to
4
Mr. Boffah's testimony as a percipient witness.
5
But, in fact,
At some future time, should you
6
designate him as an expert and notify us of the
7
area of expertise in which he is going to be asked
8
to testify at trial, then we have an opportunity to
9
ask him about his opinions in connection with the
10
case.
11
12
13
MR. EVERETT:
say.
I have nothing further to
I've already said everything.
MS. NASH:
No.
If you're going to sit
14
here and use some other kind of extortion, then
15
we're not going to go ahead.
16
the contempt citation.
17
going to be hamstrung by your little threats.
18
We'll just go ask for
That's all.
We're not
So if your threat is you're going to
19
object later, that you think somehow by taking this
20
we've waived a right, then we'll just trot off to
21
court and prove to you that you're wrong and make
22
everybody come back.
23
So, you can either abide by the Code of
24
Civil Procedure or not.
If you want to abide by
25
it, we will go forward.
If you want to make
23
DEPOSITION OF MICKEY PAUL BOFFAH
1
threats and cause us a lot of difficulty, then
2
we'll just stop now, and we'll go ask Judge Foley
3
and let her decide.
4
MR. EVERETT:
5
MS. NASH:
6
MR. EVERETT:
7
Are you now?
We're going to abide by it.
That's right.
8
9
We can abide by CCP 2025.
MS. NASH:
Are you going to object
later to us taking Mr. Boffah's deposition should
10
you, at some future time, disclose him as an
11
expert?
12
MR. EVERETT:
I will never do anything
13
that the Code doesn't allow.
14
Code allows.
15
MS. NASH:
I'll only do what the
Mr. Everett, unless you
16
answer my question directly, I'm going to assume
17
that, in fact, you do intend to object at a later
18
time, and we will conclude the deposition.
19
MR. EVERETT:
I am going to abide by the
20
Code because I am a law abiding person.
21
the Code.
22
23
24
25
MS. NASH:
deposition.
I go by
I'm prepared to adjourn the
Mr. Thomas?
MR. EVERETT:
your session, too?
You're going to adjourn
I think you should go forward,
24
DEPOSITION OF MICKEY PAUL BOFFAH
1
Mr. Thomas.
Let's get this over with.
2
MR. THOMAS:
3
MR. EVERETT:
4
MR. THOMAS:
You want this deposition
to go forward?
7
8
I think you should go
forward.
5
6
What?
MR. EVERETT:
Yes, I think it should
forward.
9
MR. THOMAS:
Why don't you agree with
10
Miss Nash that we have the right to take a
11
percipient deposition now?
12
Mr. Boffah as an expert, we have the right to
13
take his deposition as an expert later.
14
MR. EVERETT:
If you designate
I'm going to abide by 2025.
15
I go by whatever 2025 says.
16
You agree to go by 2025?
17
You --
18
MS. NASH:
You do.
You know what I mean?
I agree to go by 2025.
I don't have a problem,
19
Mr. Everett.
And you've now created a
20
problem, and we're not going to go forward unless
21
you agree that we are entitled to take
22
Mr. Boffah's deposition now as a percipient
23
witness.
24
disclosed him as an expert, we will have a right to
25
take his deposition at that time as an expert.
And that, if at a future time you
25
DEPOSITION OF MICKEY PAUL BOFFAH
1
You can either agree to that or we will
2
adjourn the deposition because you have indicated
3
your intention later on to object.
4
MR. EVERETT:
I don't think there's a
5
Code section that requires you to designate experts
6
in unlawful detainer.
7
don't think that applies.
8
applies to unlawful detainers.
9
Code, you know.
10
I've never heard of it.
I
I don't think 2036
I'll go by the
Whatever the code says, I'll go
by.
11
MS. NASH:
No.
I've asked you to
12
specify what you mean by that, because you
13
previously stated your intention to object, which
14
will cause our client the difficulty of going to
15
court and having to seek some kind of relief at
16
that time.
17
Unless we're free, at this point, to
18
take Mr. Boffah's deposition without that threat,
19
we will simply adjourn the deposition, seek the
20
appropriate remedies and sanctions from the court,
21
and come back at a future time.
22
MR. EVERETT:
Mr. Boffah said he's
23
ready to go forward.
I'm ready to go forward,
24
comply with the Code, and everybody agrees with the
25
Code.
I say let's go forward -26
DEPOSITION OF MICKEY PAUL BOFFAH
1
MS. NASH:
Mr. Thomas?
2
MR. EVERETT:
-- and get this over with.
3
We've been here messing around for a half hour.
4
I've got an important appointment.
5
MR. THOMAS:
I think we should go
6
forward with the deposition.
7
right to take a second deposition later if
8
Mr. Boffah is designated as an expert; and we
9
will, if we choose to.
10
MS. NASH:
I think we have the
I think, actually, you're
11
correct, because if we noticed Mr. Boffah's
12
deposition in connection with an expert disclosure
13
and he failed to appear, then his testimony would
14
be precluded at the time of trial.
15
Mr. Everett's obligation to seek relief at that
16
time, not ours.
17
Okay.
18
Q.
19
record?
20
So it would be
I think we're ready to go.
Would you state your full name for the
Sir?
21
A.
I believed I already did.
22
Q.
You weren't under oath at the time.
23
A.
Mickey Paul Boffah.
24
Q.
What is your business address?
25
A.
9 Limedale Avenue, Varley.
27
DEPOSITION OF MICKEY PAUL BOFFAH
1
Q.
The zip code?
2
A.
I don’t recall.
3
Q.
Please state your telephone number.
4
A.
(555)555-2345.
5
Q.
What is your residence address?
6
A.
The same.
7
Q.
What is your age, sir?
8
A.
39.
9
Q.
Prior to the matter of SUNNYSIDE versus
10
Jackson and Jackson versus Marfani, had you ever met
11
Mr. Everett?
12
A.
Yes.
13
Q.
When did you first meet Mr. Everett?
14
MR. EVERETT:
15
has nothing to do with perception.
16
coming down here to be deposed about perceptions
17
about the property, 41 Viewmont.
18
have to do with 41 Viewmont, ma'am?
19
20
MR. THOMAS:
25
You said he's
How does this
Are you instructing the
MR. EVERETT:
No.
I'm objecting to it as
being irrelevant and a waste of time, Miss Nash.
23
24
This
witness not to answer the question?
21
22
I'm going to object.
MS. NASH:
Fine.
You've made your
objection for the record.
Q.
Mr. Boffah, when did you first meet
28
DEPOSITION OF MICKEY PAUL BOFFAH
1
Mr. Everett?
2
A.
I don't know.
3
Q.
How did you meet Mr. Everett?
4
5
MR. EVERETT:
1990, maybe.
Objection.
It's
irrelevant.
6
I think you're wasting your time.
7
got to be out of here by 6:00.
8
going to have to be terminated by 6:00.
9
you get on to the perceptions and opinions.
10
This deposition is
I suggest
MS. NASH:
We stipulate that you
have a standing objection.
13
Q.
Please answer the question, sir.
14
A.
What is the question again?
15
I've got
to leave at 6:00.
11
12
I've
How did I
meet him?
16
Q.
How did you first meet him?
17
A.
Through a mutual friend I had.
18
Q.
Who was the friend?
19
A.
DeeDee Faith Louis.
20
Q.
How do you know Miss Louis?
21
A.
I met her at a gathering, or a meeting
22
or something, I think.
23
Q.
Do you still know her?
24
A.
I don't know how to answer that
25
question.
What do you mean by "know her"?
29
DEPOSITION OF MICKEY PAUL BOFFAH
1
Q.
Are you still in communication with her?
2
A.
What, writing Christmas cards once a
3
year, or talking to every day?
4
Q.
Sure.
5
A.
What?
6
Q.
Any of the above.
7
A.
All right.
Q.
Have you ever visited the property at
8
9
10
Can you clarify?
Any of the above.
Sure.
Yes.
41 Viewmont Street?
11
A.
Yes.
12
Q.
When did you visit that property?
13
A.
On numerous occasions.
14
Q.
The subpoena that was served on you
15
requested that you provide a number of documents at
16
your deposition.
17
with you?
18
A.
Did you bring those documents
They're -- I believe they're in
19
Mr. Everett's file.
20
Mr. Everett.
21
MS. NASH:
They were submitted to
At this time we'd make a
22
request that Mr. Everett provide those to
23
Mr. Thomas.
24
25
MR. EVERETT:
They've already been
produced in the deposition of Mrs. Mary Jackson,
30
DEPOSITION OF MICKEY PAUL BOFFAH
1
over 10 days ago.
2
3
MS. NASH:
Mr. Boffah --
4
5
Well, you may recall
MR. EVERETT:
with the response to request for production --
6
MS. NASH:
7
MR. EVERETT:
8
MS. NASH:
9
10
13
14
I don't think so.
Q.
-- of all the plaintiffs.
Mr. Boffah, do you
have a curriculum vitae?
A.
Yes.
11
12
And also we sent you copies
MS. NASH:
That has not been provided
to us, Mr. Everett.
Q.
Do you have any licenses of any kind,
Mr. Boffah?
15
A.
Yes.
16
Q.
Do you have any licenses associated with
17
18
any profession in which you engage, sir?
A.
Yes.
19
20
MS. NASH:
Mr. Everett, we have not
received copies of any of Mr. Boffah's licenses.
21
MR. EVERETT:
I never got any of those
22
subpoenas.
23
Mr. Boffah to bring any records.
24
25
I never got any subpoenas regarding
MS. NASH:
Q.
It was served on you, sir.
Did you have any engagement letter with
31
DEPOSITION OF MICKEY PAUL BOFFAH
1
Mr. Everett in connection with 41 Viewmont?
2
A.
No.
3
Q.
Have you prepared any bill for services
4
for Mr. Everett in connection with 41 Viewmount?
5
A.
No.
6
Q.
Have you kept any notes in regard to any
7
time that you have spent in connection with
8
41 Viewmount?
9
A.
No.
10
Q.
Have you made any notes in connection
11
with any communications with Mr. Everett in
12
connection with 41 Viewmount?
13
A.
No.
14
Q.
Did you take any photographs of
15
41 Viewmount?
16
A.
Yes.
17
Q.
Did you bring those with you today, sir?
18
19
MR. EVERETT:
They've been provided to
you.
20
MS. NASH:
Mr. Everett, we know that Mr. Boffah
21
wrote a letter directly to Sunnyside after his inspection
22
describing conditions he claims to have seen, demanding
23
repairs.
24
any notes taken at the time.
25
like to receive them now.
Presumably you have a copy of that letter and
We would
They're part of the
32
DEPOSITION OF MICKEY PAUL BOFFAH
1
documents required of the subpoena to Mr. Boffah.
2
MR. EVERETT:
The photos were all provided to
you
3
in response to request for production to all the
4
plaintiffs months and months ago.
5
MS. NASH:
As we advised you, they are
6
undecipherable.
And we requested that Mr. Boffah
7
bring his documents here today, which would
8
presumably be the original photographs that were
9
taken.
And we make a demand here today for
10
Mr. Boffah's photographs now.
11
we don't receive them, we will have to
12
adjourn this deposition so that we can obtain those
13
and the Sunnyside letter before we conclude his testimony.
14
Q.
And in the event
Mr. Boffah, do you have any file that
15
you have kept in connection with 41 Viewmount
16
Street?
17
A.
No.
18
Q.
Other than the photographs that you've
19
mentioned, do you have any writings that you have
20
produced in connection with 41 Viewmount Street?
21
22
MR. EVERETT:
report and the letter?
23
24
25
You mean, other than his
MS. NASH:
Sir, I am asking the witness
a question.
MR. EVERETT:
It's not clear.
The
33
DEPOSITION OF MICKEY PAUL BOFFAH
1
question's unclear.
2
3
4
MS. NASH:
Vagueness.
Is that an objection?
If so, then he can tell
me if it's unclear.
Q.
Mr. Boffah, other than the
5
photographs, do you personally have any writings whatsoever
6
that you have produced in connection with
7
41 Viewmount Street?
8
A.
No.
9
Q.
Have you ever produced any writings in
10
connection with 41 Viewmount Street?
11
A.
Yes.
12
Q.
What have you produced?
13
A.
My expert professional report.
14
Q.
Would you describe that report to me,
15
please?
16
A.
It's my professional and expert report
17
that I submit when I do inspections on dwelling
18
units.
19
Q.
Am I to understand, from your testimony,
20
that at the time that you inspected dwelling units
21
at 41 Viewmount that you kept no notes?
22
A.
I took expert and professional notes.
23
Q.
Are those in existence at this time?
24
A.
They're not in my possession.
25
Q.
Who has those notes?
34
DEPOSITION OF MICKEY PAUL BOFFAH
1
A.
Probably with -- like maybe Mr. Everett's
2
file regarding this case at issue, or maybe with my
3
secretary.
4
Q.
Well, the documents that may be with
5
your secretary are within your custody and control
6
and you were required to bring those with you
7
today.
8
to Mr. Everett, since he is your attorney, are also
9
within your custody and control, and you were
10
Such documents that may have been submitted
required to provide those to us today.
11
Am I to understand, sir, that you made
12
no notes whatsoever regarding any billing that you
13
may have been involved with 41 Viewmount Street?
14
15
16
A.
Not that I recall.
MR. EVERETT:
Excuse me.
take a two-minute recess.
17
(Recess taken.)
18
MS. NASH:
19
20
We're going to
Would you read back the
question, please?
(Whereupon, the record was read as
21
follows:
"Question:
Am I to
22
understand, sir, that you made no notes
23
whatsoever regarding any billing that
24
you may have been involved with
25
41 Viewmount Street?")
35
DEPOSITION OF MICKEY PAUL BOFFAH
1
2
3
4
5
6
MS. NASH:
Q.
Mr. Boffah, how do you
create your bills?
A.
By providing professional and expert
services for my clients.
Q.
I'm sorry.
My question was apparently
not clear.
7
When you are hired by an attorney to
8
inspect a dwelling unit, do you bill that attorney
9
for your time?
10
A.
Yes.
11
Q.
How do you record that time?
12
A.
In my memory.
13
Q.
Do you consult any records as you probe
14
your memory for your recollections?
15
A.
Yes.
16
Q.
What do you look at?
17
A.
I'm not sure if I'm looking at the left
18
half of my brain or the right half.
19
Q.
Do you look at any documents?
20
A.
Yes.
21
22
23
My report -- my expert report that
I put together.
Q.
How do those assist you in determining
the time that you have spent for billing purposes?
24
A.
Just the day I was there.
25
Q.
Other than the time that you spend at
36
DEPOSITION OF MICKEY PAUL BOFFAH
1
the dwelling unit, do you charge for any other time
2
when you're making an expert report such as the one
3
you have made for Mr. Everett?
4
A.
Travel.
5
Q.
Anything else?
6
A.
No.
7
Q.
Do you keep any calendars of the
8
inspections that you perform?
9
A.
No.
10
Q.
Do you keep any record that reminds you
11
of when you are scheduled to inspect a dwelling?
12
A.
No.
13
Q.
Do you keep any written telephone
14
message logs?
15
A.
No.
16
Q.
Do you provide any receipts for payment?
17
A.
I don't know.
Q.
Payment from an attorney after
18
19
20
Receipt of payment of
what?
evaluating a dwelling.
21
A.
No.
22
Q.
Do you prepare any bills after
23
evaluating a dwelling?
24
A.
Eventually, yes.
25
Q.
Have you done so in connection with
37
DEPOSITION OF MICKEY PAUL BOFFAH
1
41 Viewmount?
2
3
4
A.
I don't believe I've billed that out
Q.
Has Mr. Everett ever hired you to provide
yet.
5
him with any consulting services in connection with
6
any dwellings in the past?
7
MR. EVERETT:
I'll object to this.
8
calls for expert witness testimony about his
9
retention in an expert witness job.
10
13
The question
is being reflective of expert witness testimony.
11
12
This
MS. NASH:
Q.
Well, no.
You can go ahead and answer,
Mr. Boffah.
14
A.
As I recall the question, yes.
15
Q.
How many times?
16
MR. EVERETT:
Same objection.
17
THE WITNESS:
I don't know.
18
MS. NASH:
Q.
More than five?
19
A.
Yes.
20
Q.
More than 10?
21
A.
Yes, I believe so.
22
Q.
More than 15?
23
A.
I guess, yes.
24
Q.
More than 20?
25
A.
I don't know.
I assume so.
38
DEPOSITION OF MICKEY PAUL BOFFAH
1
Q.
More than 25?
2
A.
I don't know.
3
Q.
Would it be your best estimate, as you
4
sit here today, that Mr. Everett has hired you in
5
connection with somewhere between 20 and 25 cases?
6
7
8
9
A.
It seems a little exaggerated but could
be true.
Q.
Well, I'm not trying to exaggerate.
I'm
trying to focus in, if not on a number at least on
10
a range.
What range would you feel comfortable
11
testifying to today?
12
A.
Is this an expert witness?
13
Q.
To provide your consulting services in
14
connection with litigation.
15
A.
My professional expert services, yes.
16
Q.
What I'm asking for is either a number
17
or a range, if you don't remember the exact number.
18
Would it be between 20 and 25 times?
19
A.
I don't remember the exact number.
20
Q.
Would it be between 20 and 25 times?
21
A.
I don't remember the exact number.
22
Q.
I'm not asking you an exact number at
23
this time.
I'm asking you for a range.
24
A.
I don't know the range, ma'am.
25
Q.
Would it be more then five?
39
DEPOSITION OF MICKEY PAUL BOFFAH
1
2
MR. EVERETT:
He
said more than 15, ma'am.
3
4
Asked and answered.
MS. NASH:
No.
Apparently he needed
clarification.
5
Q.
Mr. Boffah, would it be more than
7
A.
I've already answered that question.
8
Q.
Well, you gave me the range of 20 to 25.
6
9
five?
And then you said that seemed exaggerated.
10
there another range that you would feel more
11
comfortable with?
12
13
14
15
A.
twice.
I've answered that question already
I don't know.
Q.
Is that an exaggerated number, between
20 and 25?
16
A.
I don't know.
17
Q.
When you said that that sounded
18
So is
exaggerated, what did you mean?
19
A.
I meant exactly what my words said.
20
Q.
I'm trying to understand what your words
21
said, sir.
If you would let me know what you
22
meant, that would be helpful.
23
you meant when you said that sounded a little
24
exaggerated.
25
A.
Please tell me what
That sounded a little exaggerated.
40
DEPOSITION OF MICKEY PAUL BOFFAH
1
Q.
What does that mean, sir?
2
A.
That, I don't know.
3
answer that question.
4
really don't know.
5
Q.
That, I can't
You want an answer and I
Do you have any records of when you have
6
worked for Mr. Everett prior to being hired to work
7
on 41 Viewmount Street?
8
A.
No.
9
Q.
Do you keep any kind of accounting
10
records that would show how often you have been
11
hired by Mr. Everett?
12
A.
No.
13
Q.
Do you keep any records or files in
14
connection with any of the property in which you
15
have been hired by Mr. Everett?
16
A.
No.
17
Q.
Have you completed high school,
18
Mr. Boffah?
19
A.
Yes.
20
Q.
Where did you go to high school?
21
A.
Dearborn Heights, Michigan.
22
Q.
What was the name of the school?
23
A.
Crestwood.
24
Q.
When did you graduate from high school?
25
A.
1980.
41
DEPOSITION OF MICKEY PAUL BOFFAH
1
Q.
Did you attend a college or university?
2
A.
Yes.
3
Q.
Did you graduate?
4
A.
No.
5
MR. EVERETT:
I'm going to object to
6
this.
This has nothing to do with perception.
7
It's getting into his background under the face of
8
expert witness testimony.
9
background testimony.
10
MS. NASH:
It's expert witness
It isn't, Mr. Everett.
As
11
you know, we're going to find out about the
12
witness's educational background, so we know how to
13
evaluate his perceptions.
14
15
16
Q.
What college or university did you
attend, Mr. Boffah?
A.
Gates Community College, San Palermo
17
State University, Richmond College, Laramer (phonetic)
18
County Vocational Technical Center, Salt Lake City
19
Technical Institute.
20
Q.
Any others?
21
A.
Not that I can think of at this time.
22
Q.
At any of these institutions, were you
23
studying to complete a degree?
24
A.
Yes.
25
Q.
Which one, or ones?
42
DEPOSITION OF MICKEY PAUL BOFFAH
1
MR. EVERETT:
I'll object to these
2
questions, also, as calling for background expert
3
testimony.
4
MS. NASH:
Q.
Which ones?
5
A.
Gates Community College.
6
Q.
Any others?
7
A.
No.
8
Q.
What was the degree you were seeking at
9
Gates Ford Community College?
10
A.
Engineering.
11
Q.
I take it from your testimony, you did
12
not complete a degree at Gates Community
13
College; is that correct?
14
A.
Yes.
15
Q.
What did you study at Palermo State?
16
A.
Construction law.
17
Q.
How long did you attend Palermo State?
18
A.
A year.
19
Q.
I take it from your testimony, you did
20
not complete any degree or specific course of study
21
at Palermo State; is that correct?
22
A.
No.
23
Q.
Did you receive a degree from Palermo
24
25
State?
A.
No.
I completed the course.
43
DEPOSITION OF MICKEY PAUL BOFFAH
1
Q.
That was a course on construction law?
2
A.
Yes.
3
Q.
How many units was that?
4
A.
I don't know.
5
Q.
Was it a single course?
6
A.
No.
7
It was two.
MR. EVERETT:
I think we're now again
8
approaching the area of expert witness testimony.
9
Let you know that's what our feelings are.
10
nothing to do with perceptions.
11
(sic).
12
It's late now.
It's
Nothing to see 41
It's about time I give
13
this envelope to your secretary.
14
have the discipline to not look at it before the
15
deposition is done.
16
(Recess taken.)
17
MR. EVERETT:
Let's see if you
Let the record reflect that
18
I left the papers, including the Order of
19
Shortening Time, Notice of Motion, four motions,
20
with your legal assistant Stacy, at 4:40 in your outer office
21
in the presence of Ms. Nash and her associate,
22
Joseph Thomas.
23
MS. NASH:
We can indicate for the
24
record that Mr. Thomas is not my associate.
25
is --
He
44
DEPOSITION OF MICKEY PAUL BOFFAH
1
2
MR. THOMAS:
Independent counsel for a
different party.
3
MR. EVERETT:
4
MR. THOMAS:
5
MS. NASH:
Of course.
It's also 4:35 not 4:40.
Q.
Mr. Boffah, did
6
Palermo State provide any certificate for the
7
completion of the two courses in construction law?
8
A.
Yes.
9
Q.
What was that certificate?
10
A.
Completion certificate of construction
12
Q.
How logical.
13
A.
Yes.
14
Q.
Did Richmond College -- what did you study
11
15
law.
Good question.
at Richmond College?
16
A.
17
Uniform Building Code.
MR. EVERETT:
I'll object to this, too,
18
because it's clear that this is also getting into
19
expert testimony.
20
MS. NASH:
Q.
With respect to your
21
studies at Palermo State, what year did you do
22
that?
23
24
25
A.
I don't recall.
'88.
'89.
Maybe '90.
I don't know for sure.
Q.
When did you study the Uniform Building
45
DEPOSITION OF MICKEY PAUL BOFFAH
1
Code at Richmond College?
2
A.
The early '90s.
3
Q.
How long was that course of study?
4
A.
Couple of years.
5
Q.
Did you attend full-time?
6
7
MR. EVERETT:
Excuse me.
witness need some water?
Does the
Do you want some water?
8
THE WITNESS:
Yes.
9
MR. EVERETT:
I'll be listening here
10
while I'm getting the water.
11
MS. NASH:
He's a multitasker,
12
Mr. Everett.
13
Q.
Did you attend full-time?
14
A.
No.
15
Q.
Did you complete a specific course of
16
study at Richmond College?
17
A.
Yes.
18
Q.
What was that course of study?
19
A.
Uniform Building Code.
20
Q.
How many classes did that involve?
21
A.
I don't know.
22
So, maybe a hundred or so.
23
times I went.
24
25
Q.
It was like once a week.
I don't know how many
When did you attend Laramer Vocational
Technical Center?
46
DEPOSITION OF MICKEY PAUL BOFFAH
1
A.
In the early '80s.
2
Q.
What did you study there?
3
A.
Construction, estimating, code
4
compliance, blue print reading.
5
6
MR. EVERETT:
Expert
witness.
7
8
Same objection.
MS. NASH:
Q.
Where is Laramer
Vocational Technical Center located?
9
A.
Salt Lake City, Utah.
10
Q.
Did you complete a course of study
11
there?
12
A.
I completed every class that I took.
13
Q.
Were you studying for a particular
14
degree or certificate?
15
A.
Yes.
16
Q.
What was the certificate you were
17
studying for?
18
A.
Construction, code compliance.
19
Q.
Did you receive that certificate?
20
A.
Yes.
21
22
23
I think I have some certificates
of completion, yes.
Q.
You mentioned one other -- was it Downer
Technical Institute?
24
A.
Denver Technical.
25
Q.
Which I presume is in Denver?
47
DEPOSITION OF MICKEY PAUL BOFFAH
1
A.
Very good.
2
Q.
Okay.
3
When did you attend the
Technical Institute?
4
A.
I don't know.
5
Q.
What did you study there?
6
A.
Construction, blueprint reading,
7
In the early '80s.
estimating, code compliance.
8
Q.
How long did you study there?
9
A.
I don't know.
10
Q.
How long did you study at Laramer
11
Maybe a year.
Vocational Technical Center?
12
A.
Couple of years.
13
Q.
Did you receive any certificates of
14
completion from the Technical Institute?
15
16
A.
I believe I did.
I can't recall if I
got a piece of paper for completion.
17
MR. EVERETT:
Let the record reflect a
18
continuing objection about any question concerning
19
his background and training.
20
expert testimony.
21
know, part of the fact that this is really a
22
deposition for expert testimony.
23
24
25
This has to do with
This is going to be, you
MS. NASH:
Q.
Are you self-employed,
sir?
A.
Yes.
48
DEPOSITION OF MICKEY PAUL BOFFAH
1
Q.
How long have you been self-employed?
2
A.
About 20 years.
3
Q.
So, by my calculation, that would take
4
you back to the early 1980s; is that correct?
5
A.
Yes.
6
Q.
What was your employment immediately
7
prior to becoming self-employed?
8
A.
It was in the building trades.
9
Q.
For whom?
10
A.
Contractors.
11
Q.
Performing what kind of services?
12
A.
Estimating.
13
Q.
What state were these contractors
14
located in?
15
A.
Michigan, Colorado.
16
Q.
Any in California?
17
A.
I worked independently with some.
18
Q.
So, as I understand it, in connection
19
with your self-employment you have worked with
20
contractors in California; is that a correct
21
statement?
22
A.
Yes.
23
Q.
When was the last time you worked for a
24
25
contractor in California?
A.
I don't work for them.
I'll work with
49
DEPOSITION OF MICKEY PAUL BOFFAH
1
them independently.
2
Q.
Do they hire you?
3
A.
Yes.
4
Q.
So, when was the last time that a
5
contractor in California hired you, period,
6
question mark?
7
A.
Last year.
8
Q.
Who was that?
9
A.
Jerry’s Roofing.
10
Q.
What did they ask you to do?
11
A.
Estimating, procure contracts, project
12
management.
13
Q.
In your 20 years of self-employment,
14
have you offered consistently the same types of
15
services?
16
A.
Yes.
17
Q.
How many times have you been hired to
18
provide expert witness testimony?
19
MR. EVERETT:
Object to this.
It has
20
nothing to do with perceptions of 41.
21
calling for his background as expert witness.
22
23
MS. NASH:
You can answer the
question.
24
25
Q.
It's
A.
200.
I don't know.
Maybe between a hundred,
I don't know.
50
DEPOSITION OF MICKEY PAUL BOFFAH
1
2
Q.
How many times have you testified in
court as a expert witness?
3
MR. EVERETT:
Same objection. Hello?
4
THE WITNESS:
I don't know.
5
A few dozen
times.
6
MS. NASH:
Q.
Is there any -- has
7
there ever been an occasion where you have been
8
offered as an expert at the time of trial and have
9
not qualified as an expert?
10
A.
In certain areas, yes.
11
Q.
How many times?
12
A.
I don't know.
13
Q.
What were those areas?
14
A.
Maybe like around roaches and -- some
Couple.
15
lawyers were successful in persuading the judge
16
that I was not an expert on the warrant of
17
habitability or habitability issues.
18
allowed to testify as far as being a percipient
19
witness, not an expert.
20
what I saw and had to say, my opinions; expert or
21
not.
22
Q.
But I was
The judge wanted to hear
In the few dozen times that you have
23
testified at trial, do you have any knowledge as to
24
the outcomes of those trials?
25
what I mean?
Do you understand
51
DEPOSITION OF MICKEY PAUL BOFFAH
1
MR. EVERETT:
2
MS. NASH:
3
Q.
Objection.
The side you testified
for, win or lose?
4
MR. EVERETT:
Objection.
All it's asking
5
for is background as an expert witness.
6
it's clear the question doesn't ask for his
7
perceptions.
8
information.
9
10
I think
It asks for expert witness background
MS. NASH:
We'll stipulate to a
continuing objection.
11
Q.
You can answer the question.
12
A.
Well, I think you're asking me to give a
13
14
legal opinion.
Q.
No.
I'm asking whether you know if, in
15
the cases that you testified for, whether your side
16
won or lost?
17
MR. EVERETT:
18
MS. NASH:
19
22
23
24
25
We're stipulating to your
continuing objection.
20
21
Objection.
MR. EVERETT:
witness.
He's not -- he's an expert
He doesn't have a side.
THE WITNESS:
I wasn't a party to the
action, so I wasn't -MS. NASH:
Q.
Fair enough.
Do you
have any knowledge of whether the side that hired
52
DEPOSITION OF MICKEY PAUL BOFFAH
1
you won or lost?
2
A.
Well, win or lose is --
3
Q.
Sir, I'm just asking you if you had any
4
knowledge.
5
A.
Yes, I have knowledge.
6
Q.
Out of those few dozen cases in which
7
you've testified, how many of those cases did the
8
side you testified for prevail?
9
A.
I don't know.
10
Q.
How many of those cases did the side you
11
testified for lose?
12
A.
I don't know.
13
Q.
When did Mr. Everett hire you in
14
connection with 41 Viewmount Street?
15
A.
Last year sometime.
16
Q.
Do you recall when?
17
A.
I think it was in the summer.
18
Q.
What did he tell you when he hired you?
19
A.
That he was hiring me as an expert.
20
Q.
To do what?
21
A.
Do inspections and provide my expert
22
opinion.
23
Q.
What did he tell you about his clients?
24
A.
Nothing.
25
Q.
What did he tell you about the
53
DEPOSITION OF MICKEY PAUL BOFFAH
1
inspections?
2
A.
3
Like maybe unit
numbers.
4
5
Just an address.
Q.
Did you make any notes of the address
and unit numbers?
6
A.
I guess.
7
Q.
Is it your practice to keep notes of the
8
addresses and unit numbers of the units that you
9
are to inspect?
10
A.
No.
11
Q.
Why do you think that you wrote those
12
down in this case?
13
A.
So I'd have an address where to show up.
14
Q.
Do you have any recollection of having
15
written such notes?
16
A.
No.
17
Q.
If such notes existed, where would they
19
A.
Probably at the landfill.
20
Q.
I guess there's no recycling in Varley?
21
A.
Maybe -- yes, there's lots of recycling.
18
be?
22
Maybe it's in someone's wall, turned into
23
insulation or something.
24
of paper you're writing on.
25
Q.
Maybe it's on that piece
I don't know.
What did Mr. Everett ask you to do
54
DEPOSITION OF MICKEY PAUL BOFFAH
1
precisely in connection with the inspections of
2
41 Viewmount?
3
A.
Be an expert witness.
4
Q.
In connection with what?
5
A.
Code compliance and habitability.
6
Q.
What expertise do you have in the area
7
of code compliance?
8
9
MR. EVERETT:
Object to this as calling
for his background on expertise.
We're only
10
supposed to come here as a percipient witness.
11
It's clear that it's nothing to do with percipient
12
witness of 41.
13
qualifications.
14
15
16
17
18
It only has to do with expert
MS. NASH:
Q.
Will you answer the
question, sir?
A.
Well, I think I'm entitled to my expert
witness fees.
Q.
I haven't asked you for an opinion.
19
I've asked you for a fact.
Do you have expertise
20
in the area of code compliance?
21
A.
Yes.
22
Q.
Do you have expertise in the area of
23
habitability?
24
A.
Yes.
25
Q.
What is that expertise in the area of
55
DEPOSITION OF MICKEY PAUL BOFFAH
1
code compliance?
2
A.
My years of experience.
3
Q.
Doing what?
4
A.
Providing expert services.
5
Q.
Providing expert services in the same
6
kind of situation?
7
A.
Yes.
8
Q.
How about your expertise in the area of
9
habitability?
10
MR. EVERETT:
Same objection.
You're not
11
asking about anything he saw there.
12
getting into his background and what his
13
qualifications are as an expert.
14
should -- at this point, you should pay him his
15
fee.
You're just
I think you
Give him his $250 an hour.
16
MS. NASH:
Mr. Everett, give it a rest.
17
MR. EVERETT:
I'm not giving it a rest.
18
We're demanding that you pay him his $250 now.
19
You've been going at this for one hour and you've
20
asked him nothing perception.
21
about is his background as an expert witness.
22
it's time to fork it over.
23
MS. NASH:
All you've asked
Now
Mr. Everett, perhaps if you
24
would give it a rest we would get to where we're
25
going.
We haven't -56
DEPOSITION OF MICKEY PAUL BOFFAH
1
MR. EVERETT:
2
MS. NASH:
3
MR. EVERETT:
4
MS. NASH:
Give him his $250.
-- been going for an hour.
Give him his $250.
We've been going for about
5
45 minutes, and even less with all your
6
interruptions.
7
MR. EVERETT:
You're asking him about --
8
you're not asking him anything about a percipient
9
witness.
10
11
MS. NASH:
MR. EVERETT:
the line.
14
15
16
17
18
19
20
21
22
Mr. Boffah, what is
your expertise in the field of habitability?
12
13
Q.
It's $250.
You've crossed
Pay him his $250 an hour.
MS. NASH:
Q.
Mr. Boffah, what is
your expertise in the area of habitability?
A.
My knowledge of the codes, years in the
construction industry.
Q.
When you say your years in the
construction industry, doing what?
A.
Inspections, consulting, litigation
support, expert witness.
Q.
When you say inspections and consulting,
23
are you talking about services offered in
24
connection with litigation support?
25
A.
Some.
57
DEPOSITION OF MICKEY PAUL BOFFAH
1
2
Q.
consulting are you referring to?
3
4
What other kinds of inspections and
A.
Whatever is needed and I'm hired for as
professional and expert.
5
Q.
Are there other situations, other than
6
litigation support, where inspections and
7
consulting is necessary, regarding habitability?
8
A.
Yes.
9
Q.
What are those?
10
A.
Being hired by building owner.
11
Q.
To do what?
12
A.
Provide expert services, professional
13
services.
14
Q.
You testified that you went to
15
41 Viewmount numerous times.
16
you go?
17
A.
I don't recall exactly.
18
Q.
More than five?
19
A.
No, I don't think it -- I don't believe
21
Q.
More than two?
22
A.
Could be.
23
Q.
So, somewhere between three and five
20
24
25
How many times did
so.
times, or three or four times?
A.
I don't know.
It's two or three times
58
DEPOSITION OF MICKEY PAUL BOFFAH
1
2
3
4
maybe.
Q.
I don't recall exactly.
Do you have any record of when you
visited the premises at 41 Viewmount street?
A.
I did a report with regard to my
5
inspection, professional inspection and expert
6
opinion.
7
8
Q.
Do you recall the first time you visited
41 Viewmount street?
9
A.
Yes.
10
Q.
When was that?
11
A.
Last year.
12
Q.
Do you recall the date?
13
A.
No.
14
Q.
Focusing on that first visit, how did
15
you come to visit the premises on that day?
16
A.
I drove my van.
17
Q.
Did someone ask you to go that day?
18
A.
Yes.
19
Q.
Who was that?
20
A.
Mr. Everett.
21
Q.
Do you recall what you looked at on that
22
first visit?
23
A.
Yes.
24
Q.
What did you look at?
25
A.
The sky, and trees, buildings,
59
DEPOSITION OF MICKEY PAUL BOFFAH
1
2
surrounding area.
Q.
Well, I'm specifically interested in
3
what you looked at when you got to the premises at
4
41 Viewmount Street.
5
6
A.
Some dwelling units, the outside, common
areas.
7
Q.
Which common areas did you look at?
8
A.
All of them.
9
Q.
What did you see?
10
A.
Deferred maintenance, dilapidated
11
conditions, safety hazards, elevator wasn't
12
working, railings were loose, trip hazards, health
13
problems.
14
Q.
Anything else?
15
A.
Lots of things.
16
Q.
What else?
17
A.
That's all I can remember.
18
Q.
Was Mr. Everett there when you inspected
19
the premises on this first occasion?
20
A.
I think so.
21
Q.
As you inspected the common areas, was
22
Mr. Everett with you?
23
A.
Part of the time.
24
Q.
Did you and Mr. Everett talk about
25
anything as you walked through the common areas?
60
DEPOSITION OF MICKEY PAUL BOFFAH
1
A.
Sure.
2
Q.
What did you talk about?
3
A.
How you been.
4
What's
been going on.
5
6
It's a nice day.
Q.
Did you and Mr. Everett talk about
anything that you saw in the common areas?
7
A.
Not that I recall.
8
Q.
Did you talk to anyone else while you
9
walked through the common areas?
10
A.
Sure.
11
Q.
Who else did you talk to?
12
A.
Tenants.
13
Q.
Which tenants?
14
A.
Any that I passed by at the time.
15
Q.
Was anyone introduced to you?
16
A.
Probably.
17
Q.
Do you recall who you were introduced
19
A.
No.
20
Q.
Did you talk to any tenants or anyone
18
to?
21
else, other than Mr. Everett, about the things that
22
you saw in the common areas?
23
A.
Not that I recall.
24
Q.
Did you keep any records or notes about
25
the things that you saw in the common areas?
61
DEPOSITION OF MICKEY PAUL BOFFAH
1
A.
Yes.
2
Q.
Where are those notes today?
3
A.
They're in a file.
4
Q.
And where is the file?
5
A.
It's in Mr. Everett's possession.
6
MS. NASH:
Mr. Everett, that is part of
7
our subpoena duces tecum to Mr. Boffah's
8
deposition.
9
document and -- those documents right now to
10
I request that you produce that
Mr. Thomas.
11
MR. EVERETT:
12
the reports -- his expert reports.
13
those, you got to pay $250 an hour.
14
MS. NASH:
No.
The only thing I have are
And if you want
What we subpoenaed was
15
his notes.
16
look at the notes and ask him what they said.
17
And we are entitled, under the code, to
MR. EVERETT:
All I have are the reports.
18
Those are the only notes I have of his.
19
want those, they're $250 an hour, for those reports.
20
MS. NASH:
If you
What we need are his notes.
21
Mr. Boffah has testified that you have his notes.
22
We request those notes be produced now.
23
24
25
THE WITNESS:
You stated records.
The
only records I have are the expert reports.
MS. NASH:
Q.
I asked you whether you
62
DEPOSITION OF MICKEY PAUL BOFFAH
1
took any notes at the time that you looked at the
2
common areas.
3
A.
I heard notes or records.
4
Q.
Okay.
Did you produce any writings
5
whatsoever at the time that you looked at the
6
common areas on the first visit?
7
A.
Yes.
8
Q.
What did you produce?
9
A.
Professional expert report as far as my
10
11
opinion and the code compliance.
Q.
Well, Mr. Everett has actually provided
12
us with the copies of reports which are dated
13
November 8, 2003.
14
you first looked at the common areas, whether you
15
produced any record whatsoever as you were looking
16
at the common areas.
17
you had.
18
19
20
A.
I'm asking if you -- at the time
And I understood you to say
What was that writing?
I think Mr. Thomas's playing around
with it over here right now.
MR. EVERETT:
Copies of it.
Can we take a recess now?
21
Got to call my wife, tell her I'm going to be late
22
for our appointment because you didn't finish like
23
you were supposed to.
24
(Recess taken.)
25
MS. NASH:
We're back on the record.
63
DEPOSITION OF MICKEY PAUL BOFFAH
1
We've taken a little break.
2
and Mr. Boffah have had a chance to confer.
3
4
I believe Mr. Everett
Would you read back the last question,
please?
5
(Whereupon, the record was read as
6
follows:
"Question:
Well, Mr. Everett
7
has actually provided us with the
8
copies of reports which are dated
9
November 8, 2000.
I'm asking if you --
10
at the time you first looked at the
11
common areas, whether you produced any
12
record whatsoever as you were looking
13
at the common areas.
14
you to say you had.
15
writing?
16
Answer:
17
around with it over here right now.
18
Copies of it.")
19
And I understood
What was that
I think Mr. Thomas's playing
MR. THOMAS:
Just for the record, the
20
document I'm looking at is, in fact, dated
21
November 8.
22
on the day that you were out at the property?
23
24
25
Is that the document that you prepared
THE WITNESS:
I didn't type that that
day.
MR. THOMAS:
What day did you type
64
DEPOSITION OF MICKEY PAUL BOFFAH
1
that?
2
3
THE WITNESS:
report.
The date on the top of the
That's when it got generated.
4
MS. NASH:
Q.
My question is:
At the
5
time that you actually looked at the common areas
6
for the first time, did you produce any notes of
7
any kind?
8
A.
Yes.
9
Q.
What did you produce?
10
A.
Precursory to the final report.
11
Q.
Where are those precursory notes now?
12
A.
Destroyed or thrown out.
13
Q.
Originally, it was my understanding that
14
15
you felt that Mr. Everett had copies of those notes.
A.
I was referring to my reports.
16
asking for notes or records.
17
your question was notes or records.
18
Everett had them, and that's my records.
19
Q.
You were
My understanding,
And I answered
So, you did not retain copies of the
20
notes that you made when you first looked at the
21
common areas at 41 Viewmount; correct?
22
A.
No.
23
Q.
When were they destroyed?
24
A.
I don't know.
25
I believe they've been destroyed.
When the report got
generated, I think they -- after the final expert
65
DEPOSITION OF MICKEY PAUL BOFFAH
1
2
professional report was done.
Q.
You testified that, on the first time
3
you visited 41 Viewmount, that you looked at the
4
exterior of the building.
5
6
A.
What did you see?
Delapidated conditions, lack of
maintenance, deferred maintenance.
7
Q.
Anything else?
8
A.
Building that would appear, in my
9
10
11
12
opinion, to not be in compliance with the code,
habitability problems.
Q.
What units did you inspect on the first
visit that you made to 41 Viewmount?
13
A.
I don't remember.
14
Q.
How many did you inspect on your first
15
16
visit?
A.
I need to see my report.
17
MR. EVERETT:
18
(Recess taken.)
19
THE WITNESS:
20
again?
21
22
23
Hold on one second.
What was the last question
Where are we at?
MS. NASH:
Read back the question,
please.
MR. EVERETT:
You asked for -- she asked
24
for when did you do your first inspection.
25
said you needed a copy of the report.
You
66
DEPOSITION OF MICKEY PAUL BOFFAH
1
2
MS. NASH:
No.
Would you read back the
question, please?
3
(Whereupon, the record read as follows:
4
"Question:
How many did you inspect on
5
your first visit?
6
Answer:
7
MS. NASH:
I need to see my report.")
Q.
Do you recall the second
8
visit that you paid to the premises at
9
41 Viewmount Street?
10
A.
Yes.
11
Q.
When was that?
12
A.
It was later in the year.
13
14
15
I think --
November, I think.
Q.
Did Mr. Everett ask you to return to
41 Viewmount in November?
16
A.
Yes, I believe so.
17
Q.
Did he say why?
18
A.
To provide inspections and professional
19
20
21
services, inspect for code compliance issues.
Q.
Did he tell you that there were
additional units that he would like you to inspect?
22
A.
I don't recall the exact conversation.
23
Q.
Did you make any written record of that
24
25
conversation?
A.
I may have.
67
DEPOSITION OF MICKEY PAUL BOFFAH
1
Q.
Where would that record be now?
2
A.
It's gone.
3
Q.
What did you see when you visited the
4
5
It's destroyed.
property the second time?
A.
Similar conditions the first time.
6
Dilapidated conditions, deferred maintenance
7
issues.
8
Q.
9
10
11
12
Things that are listed in my report.
You're referring to the exterior of the
premises?
A.
Yes.
And inspection of interior
dwelling units.
Q.
When you were looking at the common
13
areas during your second visit, did you see any
14
tenants of the property?
15
A.
Yes.
16
Q.
Who were they?
17
A.
Tenants of the property.
18
Q.
Were any of them introduced to you?
19
A.
Yes.
20
Q.
Who was introduced to you?
21
A.
I don't recall exactly.
22
23
24
25
I met quite a
few people that day.
Q.
Were those people in a group, or did you
meet them individually?
A.
There may have been like two or three
68
DEPOSITION OF MICKEY PAUL BOFFAH
1
together and individuals.
2
3
Q.
Did you meet them at the exterior of the
property or in one of the units?
4
A.
I think I met one in the front, to get
6
Q.
Who was that?
7
A.
I think it was Mary Jackson.
8
Q.
Had you met her before?
9
A.
Upon my first visit, I think, yes.
10
Q.
Had you inspected her unit during your
11
first visit?
12
A.
5
13
in.
Q.
A.
20
21
22
23
24
25
Probably in like the common areas, or
like at the dwelling unit.
18
19
Where did you meet the other tenants
when you made your second visit?
16
17
I just -- I see so
many units through the course of a year.
14
15
I need my report.
Q.
Did you discuss the property with any of
A.
No, not really.
them?
I just did my
inspection.
Q.
Did any of them tell you anything about
the property?
A.
No.
I just was there doing my
inspection.
69
DEPOSITION OF MICKEY PAUL BOFFAH
1
2
Q.
Did any of them show you anything at the
property?
3
A.
They may have, yes, pointed out this or
5
Q.
Do you recall what they showed you?
6
A.
I'd have to look at my report.
7
Q.
Did any of them make any complaints to
4
8
that.
you about the condition of the property?
9
A.
Yes.
10
Q.
Who made a complaint to you?
11
A.
I don't recall exactly.
12
Q.
Generally?
13
A.
I just know that they complained about
14
15
16
this or that.
Q.
Did you look at the things they
complained to you about?
17
A.
I'm sure I did.
18
Q.
How often do you complete a billing?
19
MR. EVERETT:
Objection.
It asks for,
20
once again, all these areas of expert witness
21
background.
22
I think it's time to pay him the money.
23
Pay him his $250.
24
Should give him $750 at least.
25
Been going three hours already.
MS. NASH:
Q.
Your answer, sir?
70
DEPOSITION OF MICKEY PAUL BOFFAH
1
2
A.
witness.
3
4
Well, I'm here today as a percipient
I don't think I'd be billing for that.
Q.
What I'm asking is, do you bill your
clients monthly?
5
A.
Sometimes.
6
Q.
Do you bill Mr. Everett monthly?
7
A.
Sometimes.
8
Q.
It's my understanding you have not
9
billed him in this case; is that correct?
10
A.
I don't think so.
I don't know.
11
Q.
Who would know that?
12
A.
Dan -- Mr. Everett would.
13
Q.
As you sit here today, do you have an
14
intention as to when to bill Mr. Everett for your
15
work on this case?
16
17
A.
I may have already been paid on my
inspection.
18
I'm trying to get paid for my expert
19
testimony here today.
20
getting billed for it.
21
bill.
22
Q.
I think I'll send Dan a
We asked you to bring all of your bills
23
today.
24
produced now.
25
So somebody's going to be
So if those bills exist, they need to be
MR. EVERETT:
All I have in my file are
71
DEPOSITION OF MICKEY PAUL BOFFAH
1
two reports.
2
MS. NASH:
Q.
Does that refresh your
3
recollection, Mr. Boffah, that Mr. Everett has not
4
been billed yet?
5
A.
6
Yes.
MR. EVERETT:
I didn't say I wasn't
8
THE WITNESS:
I don't know.
9
MR. EVERETT:
I don't have a bill.
7
10
billed.
It
might be some other file.
11
MS. NASH:
I was asking whether or not
12
his recollection was refreshed.
13
Q.
Do you recall that, sir?
14
A.
I don't know.
I'd have to talk to Dan,
15
produce some checks or something that I was paid on
16
41 Viewmount and I've been paid.
17
I've been paid.
18
19
Q.
I don't think
I don't know.
Is your payment in any way connected to
the outcome of the case?
20
A.
No.
21
Q.
Has that ever been the case when you've
22
Absolutely not.
been retained as an expert or consultant?
23
A.
No.
24
Q.
Has Mr. Everett ever failed to pay you
25
Absolutely not.
for a case in which you've been involved in with
72
DEPOSITION OF MICKEY PAUL BOFFAH
1
him?
2
A.
I don't know.
I think I've been paid by
3
Dan pretty well.
Just -- other than, you know, if
4
something inadvertently has been mistaken.
5
know.
6
worked for.
I don't
As far as I know, he's paid me for what I've
7
MS. NASH:
Well, I'm thinking, looking
8
at the clock and the court reporter -- I'm ready to
9
start a new area of questioning.
10
will be done by 6 o'clock.
11
case --
12
THE WITNESS:
13
MS. NASH:
14
So, that being the
Conclude.
-- this is a good time to
adjourn.
15
16
I don't think we
MR. THOMAS:
That's fine with me.
Obviously, we're not close to being done.
17
MR. EVERETT:
Let the record reflect that
18
we object, and this -- everything should be in
19
conclusion here.
20
here.
21
22
23
24
25
We object to any further sessions
MS. NASH:
Mr. Everett.
You can object all you want,
The fact of the matter is --
MR. EVERETT:
You should pay him his
three hours, $750.
MS. NASH:
We were late because you
73
DEPOSITION OF MICKEY PAUL BOFFAH
1
didn't come back timely.
2
innumerable breaks.
3
speeches which have delayed us.
4
You have interrupted with
You have made your little
The court reporter's expressed an
5
interest at being concluded at this point, and
6
so -- unless we are prepared to go significantly
7
after 6 o'clock, which I understand you are not,
8
then we need to adjourn at this point and select a
9
new time for Boffah to come back.
10
I would also point out, specifically for
11
the record, that we requested a number of documents
12
be brought today.
13
them, they were required by the subpoena to be
14
brought today.
15
including bills, that Mr. Boffah has in
16
connection with 41 Viewmount, the photographs in
17
connection with 41 Viewmount, your curriculum
18
vitae, and any and all licenses that you hold.
Actually, we didn't request
Those include any and all notes,
19
We could not --
20
MR. EVERETT:
21
22
23
24
25
This is all expert witness
information.
MS. NASH:
We could not conclude the
deposition without these items anyway.
MR. EVERETT:
provided to you.
And everything has been
Expert reports, the photographs.
74
DEPOSITION OF MICKEY PAUL BOFFAH
1
Everything in our file.
2
MS. NASH:
We do not have all of the
3
photographs, nor do we have original photographs.
4
If you recall, on the first day of Ms. Jackson's
5
deposition, I requested that original photographs
6
be provided because the copies are not good enough.
7
So the absence of those documents means
8
that we could not conclude today anyway.
9
prepared to select another day.
So, I'm
10
Mr. Thomas, do you want to do that?
11
MR. THOMAS:
First of all, I wanted to
12
advise Mr. Boffah when this deposition is
13
continued, you have to bring those documents with
14
you.
15
Do you understand that now?
16
THE WITNESS:
17
percipient witness.
18
I perceived.
19
went forward.
20
my fees.
21
to make a living, too.
22
Well, I understand I'm a
And percipient witness is what
That's my understanding when this
You folks have been reluctant to pay
I've got kids I've got to feed, and I got
You guys are hampering my ability to
23
make a living by continually threatening me with
24
contempt of court citations.
25
you calling and leaving messages, on my answering
75
I don't appreciate
DEPOSITION OF MICKEY PAUL BOFFAH
1
machine, with contempt citations.
2
Okay?
3
4
MS. NASH:
Not necessary.
Do you understand
Mr. Thomas's point?
5
THE WITNESS:
I understand his point.
6
Do you understand my point?
I need to get paid for
7
what I do.
8
expert services, took photographs, professional
9
reports which he has.
I've been there.
Provided professional
They won't be any different
10
than his copy sitting right there.
11
probably in your file.
12
13
MR. EVERETT:
The copy's
That's all we have are
those two reports.
14
THE WITNESS:
If you want my CV, you
15
guys have breached the line and gone across into
16
expert testimony.
17
there and perceived, I'll go there as a layman off
18
the street.
19
that line, in my opinion.
20
me a check.
21
If you want to know what I saw
But you folks have really crossed
MR. THOMAS:
Okay?
So, please send
Will you bring the
22
originals of your photographs at your next
23
deposition session?
24
25
THE WITNESS:
that I'm entitled to?
Will you pay me the money
Please.
76
DEPOSITION OF MICKEY PAUL BOFFAH
1
MR. THOMAS:
We will not pay you as an
2
expert witness until we take your expert witness
3
deposition.
4
MR. EVERETT:
5
MS. NASH:
6
We will see you later.
Mr. Boffah, we're not
going off the record yet.
7
MR. EVERETT:
Whatever you want.
8
leaving.
We'll try to work out a new date.
9
don't have my calendar with me.
10
MS. NASH:
11
MR. EVERETT:
12
I
Mr. Boffah -Mr. Boffah doesn't have
his calendar.
13
14
We're
MS. NASH:
Mr. Boffah needs to return
to the room.
15
MR. EVERETT:
So when we get -- you're
16
going to have to pay his fee first before we come
17
back.
18
19
MS. NASH:
to the room.
20
21
Mr. Boffah needs to return
MR. THOMAS:
Will you please ask
Mr. Boffah to come back in.
22
MR. EVERETT:
He's getting some water.
23
We want your lady to be at this deposition on
24
the 11th.
25
By the way, did you get my fax that I
77
DEPOSITION OF MICKEY PAUL BOFFAH
1
sent to you last week, that further answers are
2
going to be there on the 15th sir?
3
you get that?
4
Mr. Joseph Thomas?
5
6
Did you get that fax last week,
MS. NASH:
Probably not since it was
addressed to me.
7
MR. EVERETT:
8
his eyes are blinking.
9
MR. THOMAS:
10
talking about.
MS. NASH:
12
MR. EVERETT:
Mr. Everett --
MS. NASH:
15
MR. EVERETT:
16
MS. NASH:
18
I've got a proof of service
to you, sir.
14
17
Let the record reflect that
I don't know what you're
11
13
Did
Mr. Everett -I'm asking him a question.
Well, I think I can answer
it.
MR. EVERETT:
Did you get a copy of that
19
fax, Mr. -- that I sent you saying that the answers
20
are going to be there the 15th?
21
MR. THOMAS:
22
MR. EVERETT:
23
No, I don't think so.
Well, I got a proof of fax,
to your fax number --
24
MS. NASH:
Sir --
25
MR. EVERETT:
-- sir.
You better go home
78
DEPOSITION OF MICKEY PAUL BOFFAH
1
and read your faxes.
2
MS. NASH:
3
me, and it was addressed to me.
4
to Mr. Thomas.
5
knows nothing about it.
6
MR. EVERETT:
7
MS. NASH:
8
MR. EVERETT:
9
MS. NASH:
10
11
12
13
Mr. Everett, you served it on
And there was a cc
And as far as I know, Mr. Thomas
I also sent a copy to him.
That discovery was mine.
No.
No.
And you did not respond to
it.
MR. EVERETT:
No.
I sent him -- I've got
a proof of service to him.
MS. NASH:
I don't want to waste
14
Mr. Boffah's time here.
15
MR. EVERETT:
Mr. Boffah -My point is, are you going
16
to withdraw that, Mr. Thomas, or do we have to get
17
sanctions against you for your behavior?
18
MS. NASH:
We have discussed March 26,
19
March 27, and March 29 as deposition dates.
20
would like to have you return on one of those days
21
to complete this deposition.
22
We
In order to do so, we will need the
23
items that were contained in the subpoena duces
24
tecum; including your CV, any notes other than the
25
reports that you have referred to, the originals of
79
DEPOSITION OF MICKEY PAUL BOFFAH
1
those reports, and also the original photographs
2
and any licenses that you hold.
3
Anything else, Mr. Thomas?
4
MR. THOMAS:
5
THE WITNESS:
Not that I can think of.
I need a thousand dollar
6
retainer to come down here and finish this thing.
7
I've already got too much time into it as it is.
8
9
MS. NASH:
discuss with your attorney.
10
11
For that, you will need to
THE WITNESS:
Can I get a card from you,
ma'am?
12
MS. NASH:
13
MR. THOMAS:
14
(Whereupon the deposition was adjourned
15
16
We can go off the record.
That's fine.
at 5:30 p.m.)
_____________________________
MICKEY PAUL BOFFAH
17
-o0o18
19
20
21
22
23
24
25
80
DEPOSITION OF MICKEY PAUL BOFFAH
1
STATE OF CALIFORNIA
2
CITY AND COUNTY OF MOUNTAINSIDE
)
)
)
ss.
3
4
5
I, Sheryl Degan, a Certified Shorthand
6
Reporter in and for the State of California, do
7
hereby certify:
8
9
That, prior to being examined, the
witness named MICKEY PAUL BOFFAH in the
10
foregoing deposition was by me duly sworn to
11
testify to the truth, the whole truth and nothing
12
but the truth;
13
That said deposition was taken down by
14
me in shorthand at the time and place therein
15
named, and thereafter reduced to typewriting under
16
my direction.
17
18
19
20
I further certify that I have no
interest in the event of the action.
WITNESS my hand and seal this _____ day
of __________, 2004.
21
22
23
_________________________
SHERYL DEGAN
24
25
81
DEPOSITION OF MICKEY PAUL BOFFAH
CULBERT & STANTON
Certified Shorthand Reporters
55 New Sunny Street, Suite 625
Mountain Side, CA
April 18, 2004
MICKEY PAUL BOFFAH
c/o DAN EVERETT, Attorney at Law
111 Vista View Avenue, Suite 111
Mountainside, California
Re:
MARY JACKSON, ET AL. -V- DIANA Marfini
Dear Mr. Boffah,
We hereby notify you that the transcript of your
deposition taken in the above-entitled action on
Wednesday, March 23, 2004 has been prepared and is
available for correction and signing at our
offices, and shall remain so available during
business hours of business days for a period of 30
calendar days following this notification.
For your convenience, please call our office for an
appointment.
Very truly yours,
CULBERT & STANTON
Certified Shorthand Reporters
55 New Sunny Street, Suite 625
Mountain Side, CA
BY: SHERYL DEGAN
cc:
All counsel
82
DEPOSITION OF MICKEY PAUL BOFFAH