SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF ORANGE - CENTRAL JUSTICE CENTERDEPARTMENT C-33DR. ORLY TAITZ, ESQ., ))PLAINTIFF, )) CASE NO. 30-2010) 00381664VS. ))DAMON DUNN AND DOES 1 THROUGH 18, ))DEFENDANTS, )____________________________________)HONORABLE GEOFFREY T. GLASS, JUDGE PRESIDINGREPORTER'S TRANSCRIPTJULY 1, 2010APPEARANCES OF COUNSEL:FOR PLAINTIFF: DR. ORLY TAITZATTORNEY AT LAWFOR DEFENDANT: BELL MC ANDREWS & HILTACHKBY: BRIAN T. HILDRETHSPECIAL APPEARANCE(BY TELEPHONE)CHRISTINE L. BELASCO, CSR 6189, RPR, CRROFFICIAL COURT REPORTER

21 SANTA ANA, CALIFORNIA - THURSDAY, JULY 1, 20102 MORNING SESSION3 -O0O-4 (THE FOLLOWING PROCEEDINGS WERE HAD IN5 OPEN COURT:)6 THE COURT: TAITZ VERSUS DUNN.7 MS. TAITZ: YES. GOOD MORNING, YOUR HONOR. I AM ORLY8 TAITZ. I AM THE PLAINTIFF IN THIS CASE.9 MR. HILDRETH: YOUR HONOR, THIS IS BRIAN HILDRETH. I10 REPRESENT MR. DUNN, AND I AM SPECIALLY APPEARING TODAY. AND11 I APPRECIATE BEING ABLE TO APPEAR VIA COURT CALL.12 THE COURT: ALL RIGHT. YOU ARE SPECIALLY APPEARING? I13 UNDERSTAND AN ANSWER -- MR. DUNN HAS FILED AN ANSWER?14 MR. HILDRETH: WE DID FILE AN ANSWER TO THE ELECTION15 CONTEST. HOWEVER, JUST BASED ON WHAT WAS SUBMITTED FOR16 TODAY, WE'RE A LITTLE UNCLEAR IF THIS IS A NEW ACTION OR17 RELATED TO THE ELECTIONS CONTEST.18 THE COURT: IT LOOKS TO ME LIKE THE SAME CASE NUMBER.19 MR. HILDRETH: OKAY. I GUESS THE ONLY OTHER REASON TO20 SPECIALLY APPEAR WOULD BE THAT THERE WAS INADEQUATE NOTICE21 FOR -- FOR THIS ACTION. WE DIDN'T RECEIVE NOTICE UNTIL22 YESTERDAY, 11:23 A.M. YEAH, YESTERDAY, 11:23, WHICH IS NOT23 THE APPROPRIATE AMOUNT OF TIME.24 THE COURT: THE CERTIFICATE OF SERVICE THAT YOU FILED,25 MS. TAITZ, SAYS THAT YOU SENT NOTICE ON JUNE 30 BY E-MAIL.26 BUT BECAUSE OF THE TIMEFRAME, WE REQUIRE NOTICE BY NINECHRISTINE L. BELASCO, CSR 6189, RPR, CRR

31 O'CLOCK. SO I HAVE TO KNOW EXACTLY WHEN YOU SENT THE2 E-MAIL.3 MS. TAITZ: ACTUALLY, ONLY I SENT AN E-MAIL. I CALLED4 MR. HILDRETH'S OFFICE THE DAY BEFORE ON TUESDAY --5 THE COURT: YOUR CERTIFICATE OF SERVICE SAYS YOU SENT6 IT BY E-MAIL. IF YOU DID IT IN SOME OTHER FASHION, I WOULD7 EXPECT THAT IN A DECLARATION FROM YOU. I CAN'T ACCEPT YOUR8 TESTIMONY ABOUT THAT. I AM NOT HERE TO GET ANY TESTIMONY.9 THIS IS AN EX PARTE HEARING. IT IS ALL IN THE10 PAPERS. YOU HAVE TO SWEAR UNDER PENALTY OF PERJURY THAT YOU11 GAVE THEM NOTICE AND TO DO IT BY WAY OF DECLARATION. THAT'S12 ALL IN THE RULES, THE CALIFORNIA RULES OF COURT. AND I13 EXPECT YOU TO FOLLOW THEM.14 SO THAT -- THERE IS A PROBLEM WITH REGARD TO THAT.15 LET'S -- LET'S HOLD OFF ON THAT TO SEE IF THERE ARE OTHER16 ISSUES THAT WE CAN RESOLVE. BUT I -- I HAVE GOT A17 CERTIFICATE OF SERVICE. WHAT I EXPECT IS COMPLIANCE WITH18 THE RULES THAT SAY, IF YOU'RE GOING TO GIVE NOTICE, YOU GIVE19 ME A DECLARATION.20 I CALLED THEM ON JUNE 29. I TALKED TO SO AND SO.21 I TOLD THEM I WAS GOING TO BE HERE AT NINE O'CLOCK ON22 JULY 1ST. THEY SAID THEY WERE GOING TO TRY TO APPEAR BY23 PHONE. OR THEY SAID WHATEVER THEY SAID. THAT'S WHAT I24 EXPECT. WHAT I GOT WAS THAT YOU SENT A TRUE AND CORRECT25 COPY SOMETIME YESTERDAY BY E-MAIL.26 AND HE IS SAYING THAT IS NOT SUFFICIENT. AND ICHRISTINE L. BELASCO, CSR 6189, RPR, CRR