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WILLIAM S. FARMER (State Bar No. 46694) JOHN V. ERICKSON (State Bar No. 52356) ROBERT S. LAWRENCE (State Bar No. 207099) TIMOTHY M. WONG (State BarNo. 197024) COLLETTE & ERICKSON LLP 555 California Street, Suite 4350 San Francisco, CA 94104 Telephone: (415) 788-4646 Facsimile: (415) 788-6929 Attorneys for Defendants HCV PACIFIC PARTNERS LLC and RANDALL J. VERRUE

San Frsnclsco

F ! CQu/1ty Superior LED

ENDORSED

Court

SEP 1 ? 2004
GORDON PARK-Ll, Clerk

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SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION JERROLD BOSCOE, individually and dba WESTERN PACIFIC DEVELOPMENT SERVICES, et aI., Plaintiffs, vs. HCV PACIFIC PARTNERS LLC, a limited liability company, et aI., Defendants. CASE NO. 411531 DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF PLAINTIFFS' CALIFORNIA STATE BAR INVESTIGATION AND RESIGNATION, AND UNRELATED LITIGATIONS, LIENS AND JUDGMENTS INVOLVING PLAINTIFF Date: Time: Dept: September 21,2004 9:00 a.m. 501 August 15,2002 September 21,2004

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COLL£ITE & ERICKSON LLP

Complaint filed: Trial Date:

Assigned for all purposes to the Hon. James 1. McBride

AND RELATED CROSS-ACTION

55!i CAI.JFORNIA ST. #"1350
SANFRANCISCO+CA9-i1ll-111~--~~~-~~-----~--------------~1

REPLY TO OPPOSITION TO MOTION RE: STATE BAR INVESTIGATION

AND 'RESIGNATION

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I.

INTRODUCTION A. Boscoe's Perjurious Statements About His State Bar Resignation

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Plaintiffs in this case admit that Jerrold Boscoe ("Boscoen) was the subject of investigation by the California State Bar some 30 years ago over what Boscoe and his counsel modestly refer to as "a dispute with an employee that was later settled." (plaintiffs' Brief, 2: 1213). Plaintiffs further admit that Boscoe subsequently resigned from the Bar, though they insist that Boscoe's resignation had nothing to do with the pending State Bar investigation, but came about "for unrelated reasons ... because he had discontinued his law practice and was working in the real estate industry." (Id., 2:13-14, emphasis in original). This was also Boscoe's sworn deposition testimony in this case when he was asked to explain the missing chapter of his life (i.e., the 11 years he practiced as an attorney) from his resume. As we show herein, Boscoe committed perjury at his deposition when asked to explain the reasons and circumstances of his resignation from the Bar. Boscoe's former law partners - Anthony Caputo and Justice William Newsom (Ret.) both unequivocally have stated] (and are prepared to testify at trial) that Boscoe resigned from the Bar because they caught him in the theft of more than $75,000 from clients and the office secretary. (Caputo Decl., ~~ 3-4). Caputo and Justice Newsom demanded his immediate

resignation from the Bar and reported Boscoe's theft to the Placer County District Attorney, (Id., ~ 6). Facing criminal prosecution and disbarment, Boscoe told Caputo and Justice Newsom that he would resign from the practice of law and never practice again, in part as an effort to minimize the shame and damage done to his law partners. Boscoe then fled Tahoe City, abandoning his clients and his family, leaving his debts unpaid. (Id., ., 7). A complaint was lodged against Boscoe with the California State Bar, resulting in Boscoe's hasty resignation from the Bar and the beginning of his career as an "executive trainee" at McKeon Construction Company. (Id., ~ 8). III

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] The Declaration of Anthony Caputo is attached as Exhibit 1 hereto; a letter from Justice Newsom acknowledging the accuracy of the facts in Mr. Caputo's declaration is attached as Exhibit 2 hereto.

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B.

Pacific Santa Fe Debacle

Fast forward some 25 years later to 1999, where Boscoe - after having been involved as a party in some 65 lawsuits and now a self-described "real estate development feasibility consultant" - is embroiled in a yet another dispute, this time with a company by the name of Pacific Santa Fe Corporation. Boscoe claims that Pacific Santa Fe owes him money on an OregonlWashington cross-border real estate transaction in which Boscoe brought the buyers and the seller together (much like the case at bar). Pacific Santa Fe claims that Boscoe had vastly inflated his fees by a self-aggrandizing interpretation of the contract, and that Boscoe - being unlicensed as broker - was barred by operation of Washington law from recovering anyfee for the transaction and, further, was barred by the same statute from even filing a lawsuit on his claim. The case winds up in mediation, where Boscoe attempts to characterize his activities as those of a "consultant" rather than a "broker," and claims that he is seeking a "consulting fee" rather than a "commission" Gust as he is doing in the case at bar). Boscoe is found to be entitled

to nothing under the law by virtue of his failure to have a broker's license, and he only leaves the mediation with any recovery at all because Pacific Santa Fe's founder voluntarily decides to pay Boscoe the amount he was always promised (rather than the inflated fees Boscoe was claiming).

c.

The $1.3 Million Bank of the West Judgment

Against Boscoe

At the same time Boscoe is involved in this dispute with Pacific Santa Fe, he

is also

attempting to persuade HeV Pacific Partners LLC ("HeV") that, based on his long and successful career in the real estate industry, and his alleged access to the very top of the Pope organization, HeV should retain his professional services. While touting his credentials, Boscoe neglects to mention to HCV that his "successful" career has been littered with the detritus of some three-score lawsuits, that he has been running from a $1.3 million Bank, of the West judgment for well over a decade.' and that Pope not only terminated its consulting relationship with him the year before but told Boscoe they had no interest in doing further business with him.
2 Bank of the West's judgment lien was filed in this case on February 20,2004, and is attached hereto as Exhibit 3. The judgment itself was originally filed in multiple counties in California, and then subsequently in Oregon and Washington as Bank of the West attempted to track Boscoe in his peripatetic course around the West Coast.
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3AND RESIGNA nON I

__ ~ OPPOSITION TO MOTION IN LIMINE RE: STATE BAR INVESTIGATION

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II.

ARGUMENT

A.

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The Evidence Defendants Seek to Introduce is Directly Relevant to Boscoe's Credibility

Cal, Evid. Code § 351 provides that "all relevant evidence is admissible." CaL Evid. Code § 210 provides that relevant evidence "means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." Plaintiffs' unsupported contentions of irrelevance and immateriality have no merit. Cal. Evid. Code § 352 states: "The court in its discretion may exclude evidence ifits probative value is substantially outweighed3by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." Moreover, Cal. Evid. Code § 210 provides that evidence as to the credibility of a witness is relevant. Plaintiffs argue that Boscoe's resignation from the Bar (and the reasons for it), the Pacific Santa Fe dispute, and the outstanding $1.3 million judgment against Boscoe are irrelevant to the issues in the case at bar, and even if relevant, are unduly prejudicial or time consuming or will mislead the jury. Plaintiffs are wrong. The information is directly relevant to the issues in this case, as this is very much a he-said, she-said case, in whichBoscoe's credibility (or lackthereof)

is of paramount importance. The jury is entitled to know that Boscoe committed perjury in his deposition and that the real reason for his resignation from the Bar was that he was caught stealing from clients and faced criminal proceedings and disbarment. The jury is also entitled to know that Boscoe fraudulently doctored the resume he provided HCV to excise the eleven years he practiced as an attorney, and instead claimed that he was doing something else during those years so that his misfeasance would not be discovered.

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OPPOSITION TO MOTION IN LIMINE RE: STATE BAR INVESTIGATION

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The jury is further entitled to know that, because of his experience with Pacific Santa Fe in 1999, Boscoe was aware when he signed the contract with HCV that he needed a broker's license in order to get a fee from any transaction in which HCV acquired real property. And lastly, the jury is entitled to know that Boscoe, who held himself out to HCV as a bona fide success in his chosen profession, was in fact an unemployed charlatan constantly embroiled in litigation whose main success consisted of hiding from his judgment creditors for well over a decade. By their motion, plaintiffs seek to whitewash Boscoe's less-than-illustrious history and

career so that they may then present a picture to the jury of a Boscoe they know in fact does not exist ~ the honest, successful real estate consultant whose opinion was so sought after by HCV that it agreed to pay him between $8 and $10 million for his invaluable counsel. That is a false picture. Plaintiffs are asking the co~rt to ignore their client's history simply because it may cause the jury to doubt Boscoe' s credibility. But the fact that the truth may prejudice Boscoe' s case is not sufficient reason to let a false Boscoe, freshly painted innocent, trot out a fabricated tale of woe to gull the jury. The standard for determining admissibility is whether the evidence is more prejudicial than probative, not whether it is merely prejudicial. In this case, the information is highly probative because it undercuts the entire tenor of the story Boscoe proposes to foist upon the jury to establish his credibility and shows that the whole "elder statesman of the real estate industry" facade that Boscoe has put on is nothing more than a shtick to prejudice the jury in his favor. Moreover, it gives the lie to Boscoe's assertion that he never got a real estate broker's license because he never thought it was necessary. As of the Pacific Santa Fe debacle, Boscoe knew he needed a broker's license; the real reason Boscoe never applied for a broker's license was because he knew the background check would reveal the circumstances of his resignation from the Bar as well as the multiple outstanding judgments against him and that his license would be denied.

B.

Boscoe Testified Falsely About His Reasons for Resigning from the Bar

On June 12,2003, Boscoe committed perjury when asked about the circumstances of his resignation from the State Bar of California. Counsel for defendants asked the following
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5AND RESIGNATION

OPPOSITION

TO MOnON

IN LIMINE RE: STATE BAR INVESTIGATION

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questions, to which Boscoe responded as follows: A.

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Q:

Q. A. Q. A. Q. A.

Why did you leave the practice of law? I wanted to move forward with my' career in real estate with George McKeon. Was there any other reason? Not to me. Were you under investigation by the state bar at that time? No. Were you ever under investigation by the state bar? Not to my knowledge.

(Boscoe Depo. VoLID, 126:23-127:8, attached hereto as Exhibit 4). As Caputo's declaration and Justice Newsom's letter reveal, Boscoe's story about resigning from the Bar because he was excited about starting a new career in real estate is a complete fabrication. It was not because Boscoe wanted to answer warranty service calls" that he gave up a lucrative law practice which had offices in Sacramento, Tahoe City and San Francisco; rather, "Boscoe's resignation from the Bar in 1972 was directly related to the investigation being conducted by the State Bar, as he was facing probable disbarment for his theft of client funds," and Boscoe "agreed to resign from the Bar and payrestitution possible criminal proceedings." (Caputo Decl., ~ 8). After a break in the deposition, and coaching by his own counsel, Boscoe admitted that he knew about the State Bar investigation, but then proceeded to make additional false statements relating to the events surrounding the investigation and his resignation, going so far ~s to feign ignorance regarding the last name of his longtime office secretary, the woman from whom he had stolen more than $50,000. Boscoe's testimony was as follows: under the threat of disbarment and

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4 Boscoe testified that his first job with McKeon Construction was answering calls from homeowners about warranty problems with their homes, e.g., coming out to the house to check on leaky faucets. Boscoe's testimony was as follows:

Q. A.

Q.
A. Q. A.

What caused you to go with the McKeon Company? I loved the development and construction industry, and .:George offered me that opportunity. And what did you do with the McKeon Company? I started out as pickup and service worker. What is that? Oh,that's where people call up and complain about warranty, and you go out to their home and fix the leaky plumbing or their drywall there might be a problem with, electrical issues.

(Boscoe Depo. Vol. I, 9:25-10:6, attached hereto as Exhibit 5)

COLLETIE '"ERICKSON LLP 555 cALIromlA ST. #4350 SANFRANCISCO.CA9~10<!1--------'.-------------------~-------------I

-6AND RESIGNATION

OPPOSITION TO MOTION IN LIMINE RE: STATE BAR INVESTIGATION

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MR. KATZ: Earlier, Mr. Fanner, you asked him whether he knew he was under investigation, and I think his answer will be the same, but I would prefer some clarification. So would you clarify your answer, Mr. Boscoe. A. I knew that a complaint had been filed against me with the state.bar, but I was unfamiliar with whether there was any investigation ongoing pursuant to that complaint: Q, (BY MR. FARMER) In connection with that complaint, did you or any representative of yours have discussions with members or employees of the state bar or the state bar investigative apparatus? A. I don't know if they did. Q. Did you have representation, a lawyer representing you-A. Yes. Q. -- in connection with the state bar matter? A. Yes. Q. I'll refer to it as the state bar matter, if that's okay, or complaint. A. That's fine. Q. What was the nature of the complaint? A. That I had misappropriated monies that my secretary had given me. She was with me as a controller and office manager for four years or so. Q. Were they client funds? A. They were her funds. Q. And how did she happen to give them to you? A. To invest, and she was upset with how I invested them. Q.. Did she complain to authorities other than the state bar? A. Not to my knowledge. After I let her go she filed the complaint. Q. Did you enter into any kind of agreement with the state bar to resign with regard -- as a result of the complaint and any investigation that may have ensued from that? A. I didn't enter into any agreement or participate in any proceedings or any investigation with the state bar. I paid her back her money. Q. When was her complaint made in relation to our resignation from the state bar? A. About a year and a halfbefore. Q. Did her complaint have anything to do with your decision to resign? A. No. No. Q. What was her name? A. Elizabeth. Elizabeth .: Elizabeth .... Q. A. Q. A. Why did you pay her back? Well, there was a claim that she wanted her money back, and so I got it back to her. I gave.it back to her. What had you done with the money? I had invested it in other opportunities that I felt were appropriate and she didn't.

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(Boscoe Depo. Vol. III, 137:14-140:2, attached hereto as Exhibit 6). The alleged "clarification" made by Boscoe during his testimony is simply another false recasting of history by Boscoe. First, Boscoe never invested his secretary's money; instead, he spent her entire life savings on himself. (Caputo Decl., ~ 4). Second, Boscoe's claim that his resignation was unrelated to his secretary's complaint to the State Bar is untrue; Boscoe's
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resignation was directly related to her complaint. (ld., ''If 6-8). Third, adding insult to injury, Boscoe falsely stated that he fired his secretary after this misunderstanding, when in fact she quit

because the discovery that Boscoe had stolen her life savings left her "devastated" and "unable emotionally to continue her employment." (ld., , 4). Fourth, Boscoe's assertion that he paid his secretary back is grossly untrue; Ms. Costa "did not obtain any significant recovery of her life savings from Boscoe." (ld., , 7).

c.

The Pacific Santa Fe Dispute Shows Boscoe Knew He Needed a Broker's License

Because of his experience with Pacific Santa Fe in 1999, Boscoe was aware when he signed the contract with HCV that he needed a broker's license in order to get a fee from any transaction in which HCV acquired real property. Robert Ketner and Boscoe were business partners on the Pacific Santa Fe transaction, in which Boscoe sought to receive a fee for bringing a buyer in to purchase Pacific Santa Fe's real property. Ketner is expected to testify that he (i) personally informed and discussed with Boscoe the Washington law relating to licensing of real estate brokers and salespersons, (ii) provided Boscoe with a copy of Sections 18.85 and 18.86 of the Revised Code of Washington, which regulate the activities of real estate brokers and unlicensed persons, and (iii) sent Boscoe a memorandum stating that the aforementioned code sections were to be a "guide post for the operation" of their partnership and that they would have to follow the code sections "to a T" in all their real estate transactions. The Pacific SantaFe transaction is highly relevant to the central issue of this case, specifically, whether Boscoe is entitled to recover the Success Fee without a real estate broker's license. This transaction singularly demonstrates that Boscoe was on actual notice of the Washington real estate brokerage laws regulating the real estate services he rendered to HeV, and accordingly, either knew or reasonably should have known that he was performing illegal real. estate brokerage services for HCV under the July 1, 1999 Agreement.

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OPPOSITION

TO MOTION IN LIMINE RE: STATE BAR INVESTIGATION

AND RESIGNATION

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Evading a $1.3 Million Judgment for Over a Decade Is InconsistentWith Boscoe's Claim That He Has Had a Successful Career

Boscoe has been running from a $1.3 million judgment obtained by Bank of the West since 1985. The Bank of the West judgment was originally recorded in multiple counties in California, and then subsequently in Oregon and Washington as Bank of the West attempted to trace Boscoe's whereabouts. To date, Boscoe has not paid a single dime on this judgment. Rather, Boscoe has successfully managed to stay one step ahead of judgment creditors by, among other things, moving from state to state, living under his wife's name, putting his assets in his wife's name, and using his twin brother's credit cards. The Bank of the West judgment is directly relevant to defendants' cross-complaint for fraud. In an effort to convince HCV to hire him, Boscoe held himself out to HeV as a bona fide success, with over 30 years experience in the real estate industry. In truth, however, Boscoe's history was largely one of failure, in which virtually every deal he was involved in led to a lawsuit. By 1999, Boscoe was largely unemployed, had been fired from consulting positions at Pope Resources, Windermere Builders Services, and 1st Builders, was evading multiple judgment creditors'' and was desperate to strike any kind of deal for compensation he could with HCV. Had HCV known the true facts about Boscoe's colorful career, the simple fact is that they would never have hired him. The truth of the matter is not as Boscoe would have it - Boscoe was.not a successful consultant who work was so valuable and widely recognized in the real estate:industry that companies vied for the privilege of paying him millions of dollars a year. Nonetheless, Boscoe hopes to present the jury with this wholly false image of "success" in order to convince them that he is the kind of person a company would pay millions of dollars to for analysis and advice, and that a year of his time is worth $8 to $10 million dollars (as he cla.imsin this case).
In the absence of any evidence of Boscoe's income (since he has refused to produce it and

his counsel instructed him not to answer questions relating to past income at his deposition), it is

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5 Boscoe is also currently subject to a judgment by Wells Fargo in excess of$100,000, which has been unpaid for more than 20 years, and was also pursued for many years on a $623,000 judgment (plus interest) in favor of Ticor Title Insurance Company, which Boscoe now claims to have settled for $19,000.
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9AND RESIGNATION

S5S CALiFORNIA ST.I4].5~~
SANFRANCISCO.CA9.10411--------------------------------------I

OPPOSITION TO MOTION IN LIMINE RE: STATE BAR INVESTIGATION

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eminently reasonable to argue that the existence of millions of dollars in outstanding judgments against him shows that Boscoe did not earn significant income during the last decade but instead has lived hand to mouth on the indulgence of his wife and relatives) limping by on whatever meager sums he was able to extract from companies for his short-term consultations.

III.

CONCLUSION
Based on the foregoing, Defendants respectfully request that the Court deny plaintiffs'

motion in limine to exclude evidence of Boscoe's California State Bar investigation and resignation, unrelated litigation, and liens and judgments involving Boscoe. DATED: September 13, 2004 Respectfully submitted, COLLETTE & ERICKSON LLP WILLIAM S. FARMER JOHN V. ERICKSON ROBERT S. LAWRENCE TIMOTHY M. WONG

By: Robert S. Lawrence Attorneys for Defendants HCV PACIFICP ARTNERS LLC and . RANDALL J. VERRUE

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II~~~~~~ ~ OPPOSITION TO MOTION IN LIMINE RE: STATE BAR INVESTIGATION

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I AND RESIGNATION

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COLLETTE

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WILLIAM S. FARMER (State Bar No. 46694) JOHN V. ERICKSON (State Bar No. 52356) ROBERT S. LAWRENCE (State Bar No. 207099) TIMOTHY M. WONG (State Bar No. 197024) COLLETTE & ERICKSON LLP 555 California Street, Suite 4350 San Francisco, CA 94104 Telephone: (415) 788-4646 Facsimile: (415) 788-6929 Attorneys for Defendants HCV PACIFIC PARTNERS LLC and RANDALL J. VERRUE

SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION JERROLD BOSCOE, individually and dba WESTERN PACIFIC DEVELOPMENT SERVICES, et aI., Plaintiffs, vs. HCV PACIFIC PARTNERS LLC, a limited liability company, et al., Defendants. Date: Time: Court: September =' 2004 9:00 a.m. 501 August 15, 2002 September 7, 2004 CASE NO. 411531

DECLARATION OF ANTHONY CAPUTO IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF PLAINTIFFS' CALIFORNIA STATE BAR INVESTIGATION AND RESIGNATION, AND UNRELATED LITIGATIONS, LIENS AND JUDGMENTS INVOLVING PLAINTIFF

Complaint filed: Trial Date:

Assigned to the Hon. James J. McBride for all purposes AND RELATED CROSS-ACTION

s

ERICKSON

LLP

555 CALIfORNIA SAN FRANCISCO.

81 .• #4350 CA

94104

4151186·'6'.

DECLARA nON OF ANTHONY CAPUTO

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I; Anthony Caputo, declare: 1. I am the principal of Caputo Law Offices in San Diego, California, and I am

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admitted to practice in the State of California. I have personal knowledge ofthe facts set forth in this declaration and, if called as a witness, could and would testify competently thereto. 2. During 1970-71, I practiced law with Jerrold A. Boscoe in Tahoe City. California.

The name of our finn was Boscoe, Newsom & Caputo. The other attorney in practice with us was William Newsom (later to become Justice William Newsom of the California First District Court of Appeal). Boscoe was actively at that time practicing law on a daily basis and I worked with him on variety of cases including a notorious homicide that occurred on a ranch outside of Auburn, the county seat of Placer County, which involved the brutal beating death on Halloween, 1970 or so, by a wealthy Sacramento appliance dealer of his son-in-law.

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3.

In 1971, Justice Newsom and I were told by Peter Hack, a clientof Boscoes, approximately $25,000 of Mr. Hack's money. These funds were

that

Boscoe had misappropriated

supposed to reside in Boscoe's client trust account, but upon review of the bank statements, it
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became clear that Mr. Hack's funds had been taken from the client trust account by Boscoe. 4. Mr. Hack's revelation immediately led to the discovery that Boscoe had also taken

the life savings of the office secretary, an elderly woman by the name of Elizabeth Costa, who had entrusted Boscoe with well in excess of$50,000. Instead of investing this money on Ms. Costa's behalf as he had promised, Boscoe spent Ms. Costa's entire life savings on himself, leaving her without any funds for her future years. She was devastated and was unable emotionally to continue her employment. 5. When Justice Newsom and I confronted Boscoe with evidence of his defalcations,

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Boscoe admitted that he had stolen the money, but promised that he would make restitution through his family and he immediately left for Sacramento where his father lived, who had had a substantial medical practice and career. 6. Justice Newsom and I were so disturbed by Boscoe's conduct that we

subsequently had a meeting with the Placer County District Attorney, Dan Higgins, and the office's chief prosecutor, Keith Sparks (later to become Justice Keith Sparks of the California -1DECLARATION OF ANTHONY CAPUTO

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555 CALIFORNIA ST.• #'350 S~N FRANCISCO. CA 9'\0, ~ 15I7il8~-4646

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1 2 Third District Court of Appeal), during which we reported Boscoe's theft of his client's funds and secretary's savings. 7. After this meeting with the District Attorney, I was told by Peter Hack that

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Boscoe's father had made good on the funds Boscoe had stolen from him. Elizabeth Costa, however, was not so lucky, and she did not obtain any significant recovery of her life savings from Boscoe nor did she return to work. Shortly after this, Boscoe suddenly and surprisingly disappeared from Tahoe City, leaving behind clients, family and debts. 8. A complaint regarding Boscoe's conduct was lodged with the California State Bar,

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either by means of referral from the District Attorney's office or directly by Mr. Hack or Ms. Costa. Boscoe's resignation from the Bar in 1972 was directly related to the investigation being conducted by the State Bar, as he was facing probable disbarment for his theft of client funds. My understanding based upon the Bar's abating its investigation and its interview of me was that Boscoe admitted to the bar his defalcations in writing and agreed to resign from the Bar and pay restitution under threat of disbarment and possible criminal proceedings. I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at San Diego, California on this 17th day of August, 2004.

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COLLEHE & ERICKSON ST .• LLP 555 CALIFORNIA SAN FRANCISCO.

#435~

-2DECLARA nON OF ANTHONY CAPUTO

CA 9410'

415176H646

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·WILLIAM

A. NEWSOJt

September 3,2004

Robert S. Lawrence, Esq. Collette & Erickson. LlP 555 California Street, 43rd Floor San Francisco CA 95104-1791 File Name: Jed Boscoe Mr. lawrence: I have read the declaration of Anthony Caputo dated August 17, 2004 concerning matters that transpired white Jed Boscoe practiced law in Tahoe City with the firm of Boscoe, Newsom and Caputo. AU of the matters aUedged therein are, to the best of my knowledge and belief; true and accurate. If {was called to testify. t would confirm them. Sincerely,

v. HCV

Pacific Partners

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A. Newsom

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r-o. Box 160, Dutch Flat, CA 95714 Office"Telephone: 530-389-2804 .. Office Fax: 530-389-2789 e-mail: wanewsorn Oearthlink.net
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BRUCE W. ROBERTA) SBN 111153 ROBERTSON & LEWIS 10 Almaden Blvd Suite 500 SAn Jose, CA 95113 Tel. 408~294-3600 .Attorney for Judgment Creditor BANK OF THE WEST .

FEB 2 0 2004

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IN THE SUPERIOR

COURT OF THE STATE OF CALIFORNIA ,

IN AND FOR THE COUNTY OF SA~ FRANCISCO JERROLD BOSCOE, individually) and dba WESTERN PACIFIC ) DEVELOPMENT SERVICES: WESTERN) PACIFIC CONSULTING,INC.: AND) JEROME M. BOSCOE,INDIVIDUALLY) and dba THE' HASKELL COMPANY, )
)

Case No. CGC~G2-411531 (Unlimited Jurisdiction)

NOTICE OF JUDGMENT LIEN

Plaintiffs) v. RCV PACIFIC PARTNERS LLC, a limited liability company; PORT LUDLOW ASSOCIATES LLC,A LIMITED LIABILITY COMPANY, RANDALL J. VERRUE and DOES 1 through 30, inclusive,

)

lB
19 20 21 22 23 24 25 26 27

) )

) ) ) )
)

-------------------,
ob t a t ned=a

)

TO ALL PARTIES AND THEIR ATTORNEYS

OF .RECORD:
Creditor,

PLEASE TAKE NOTICE that BANK OF THE WEST~ Judgment

judgment against JERROLD BOSCOE, in the Sup eri.o Court r at the present time interest as of

for the County of Santa Cl.ar'a which remains unpaid in the total amount, principal February
23,2004,

2B
29

and accrued unpaid Three Hundred

of One Million LIEN

Fifty. Six Thousand

NOTICE OF JUDGMENT

..
1 2
3

e.·?
Thousand Seven Hundred which Ninety dollars and thirty is Nine Cents, hereto

($ lr356,790.39)
as Exhibit

interest

calculation

5

Date:

February

20,2004

6
7 8 9

Robertson ewis, by Bruce W. Robertson, Attorney for Judgment Creditor BANK OF THE WEST.

10 11 12 13
14

15
16

i

s

19

20 21 22

24 25
26

21 26 29

NOTICE

OF JUDGMENT

LIEN

..

'

.

CLS INTEREST ACCRUAL
Jerrold Boscoe Judgement RATE 10.0% Fixed

BASED·ON

360 DAYS
INTEREST PAID TO PRINCIPAL PAYMENT \

iNTEREST
PAYMENT

INTEREST RATE

PRINCIPAL BALANCE·

DAILY
ACCRUAL

INTEREST

OWED 594,493 .98 594,705.32 594.9l6.66 595,128.00 595,339.33 595,550.67 595/762.01 S~51973.35 596,18·a'.69 596.396.02 596,607.36 596,818.70 597.030.04 597,241.38 597/452.71 597,664.05 $~7,875.39 598.096.73 598,.298.07 S9B.50!L40 598,720.74 598,932,08 S99,143.42 599.354_76 599,566.10 599;771.43 599,988.77 600,200.l.1 600.411. 4$ 600,622.79 600,834.12 601. 045.-46 601,256.80 601.469.14 601.1579.48 601/890.81 602,102.15 602,313.49 602,5:24.83 602,736.17

12/01/03 12/02/03 12/03/03 12/04/03 12/05/03 12/06/03 12/07/03 12/0B/03 12/09/03 12/10/03 12/11/03 12/12/03 12/13/03 12/14/03 12/15/03 12/16/03 12/17/03 12/19/03 12/19/03 12./20/03 12/21/03 12/22/03 12/23/03 12/24/03 12/25/03 12/26/03 12/27/03 12/28/03 12/29/03 12/30/03 12/31/03 01/01./04 01/02/04 01/03/04 01/04/04 01/05/04 01/06/04 01/07/04 01/08/04

01/09104

10.000% 10.ooot 10.000% 10.000% 10.000% 10.000% 10.000% 10.000% 10.000% lO_OOOt 10.000% 10.000% 10.000% 10.000% lO.OOO!lt 10.000\ 10.000t 10.000% 10.000t 10.000% 10.000% 10.000% 10.000% 10.000% 10.000% 10.000" 10.000% 10.000% 10.000% 10.000% 10.000\ 10.000% 10.000\ 10.000t 10.000% 10.000% 10.000% 10.000% 10.000% 10.000%

760/817.04 760.817.04 760,817.04 760.817.04 760/817.04 760,817.04 760,817.04 760/817.04 760,817-04 760,817.04 760,817.04 760,817.04 760,817.04 760,817.04 760.817.04 760,B17.04 760;817.04 760,817.04 760,817.04 760,817.04 760.817.04 760,817.04 760,617.04 760,B17.04 760,817.04 760,817.04 760,817.04 760,817.04 760,817.04 '160,817.04 760,817.04 760,817.04 760,817.04 760,917 _04760.817.04 7.60,617.04 760,817.0~ 760,817.04 760,817.04 ·760,817.04

211. 338 211.338 211.. 338 211.338 211.336 211. 338 211.338 211.336 211. 338 211.338 211-339 211.338 211.338 211.339 211. 338 211.338 211.338 211_338 211.338 211.338 211.338 211.33S 211. 338 211.338 , 211. 338 211.338 211. 339 211. 338 .211..338 211.338 211.. 338 211.338 211.338
211.338

211.)38 211.338 211.336 211.336 211. 338 211. 338

..

ft'·1
CLS INTEREST ACCRUAL
Jerrold
B05coe

<->,

,\

JUdgement RATE lO.Ot Fixed BASED ON 360 DAYS
DATE

INTEREST PAID TO

PRINCIPAL PAYMENT

INTEREST lNTEREST PAYMENT RATE
10.000% .10.000% 10.000t 10.000%' 10.000% 10.000% 10.000.\ 10.000% 10.000% 10.000% 10.000\ 10.000% 10.000t 10.000% 10.000% 10.000%' 10.000% 10.000% 10.000% 10.000% 10.000% 10.000%
lO.OOO%

PRINCIpAL
BALANCE

DAILY ACCRUAL 211.33B

INTEREST OWED

01/l0/04 01/11/04 01/12/04 01/13/04 01/14/04 01/15/04 01/16/04 01/17/04 01/18/04 01/19/04 01/20/04 01/21/04 01/22/04 01/23/04 01/24/04 01/25/04 01/26/04 01/27/04 01/28/04 01/23/04 01/30/04 01/31/04 02/01/04 02/02/04 02/03/04 02/04/04 02/05/04 02/06/04 02/07/04 02/08/04 02/09/04 02/10/04 02/11/04

760,817.04 760,817.04 760,817.04 760,817.04 760,817.04 760,817.04 760,817.·04 760,817.04 760,817.04 760,817.04 760,817.04 760,817.04 760,817.04 760,817.04
'"150,817.04

10.000% 10.pOO% 10.000% 10.000% 10.000% 10.000% 10.000% 10 ..001i0
lO.OOOt

02/12/04
02/13/04 0.2/14/04 02/15/04 02/16/04 02/17/04 02/18/04

10.000% 10.000% 10.000% 10;000% ·1·0 ~·000% 10.000% 10.000% 10.0·00%

760,817.04 760,617.04 760,B17.04 760,817.04 760,817.04 760,B17.04 760,817.04 760,617.04 760,817.04 760,817.04 760,817.04 760,617.04 760,817.04 760,B17.04 760,817.04 760,817.04 760,817.04 760,817.04 760,817.04 ·760,817.04 760,817.0.q 760,817.04 760,817.04 760,B17.0.q 760,817.04

602,947.50 6'03,l58.84 211.338 603,370.18 211.338 Q03,58l.S2 211.338 603,'92.86 211.338 604,004.1.9 211.338 604,215.53 211.338 604,426.87 211.338· 604,638.21 211. J38 604.84.9.55 211.338 605,060.88 211.338 605,272.22 211. 338 605,483.56 211.338 605,694.90 211.336 60S,906.24 211. 3JB 606,117.58 211.338 606,32S.91 211.336 606,540.25 211.33 B 606,751.S9 211.336 606,962.93 211.338 607.174.27 211.338 607,385.60 211. 33 B 607,596.94 211.338 ·607,808.28 211.338 608,019.62 211.338 608,230.96 211.338 608,442.29 211.338 60B,~53.63 1508,864.97 211.336 211. 338 609,076.31 211.338 609,287.55 211.338 609,498.98 211.338 609,710.32 211.338 609,921.66 211. 338 610.133.00 211.338 610,344.34 211.338 G1O,S55.67 211.339 6l0,767.01 211.33B 610,978.35 211.338 611,la9.6~
211.338

"

-e-.

CLS INTEREST ACCRUAL
Jerrold Bosooe Judgement . 'RATE 10.0\ Fixed
BASED ON 360 DAYS DATE INTEREST

PRINCIPAL
PAYMENT

INTEREST

INTEREST
RATE

PRINCIPAL
IiALANCE·

DAILY
ACCRUAL

INTEREST

PAID TO
02/19/04 02/20/04: 02/21/04 02/22/04 02/23/04

PAYMENT

OWED
61.1,401.03 611,612.36

lO.OOO\' 10.000% 10.000t

lO.OOO%10.000%

760,817.04 760,817.04 760,817.04 760,817.04 760,817.04

211.338 211.338 211.338
211. 338

611,823,70
612,035.04 612,246.38

211.336

· v;, · · o-,
....

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I CJi~SENAME:
,[.

BOSCOE, et

a1

P.ACIFIC PARTNERS ,et
PROOF OF SERVICE·BY MAIL

,:!c-

02 ~411531

'I

1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. residence or business address is (specify): 3147 Folsom Street 1 San Pr ancd aco , CA.· 94110

M.,.

2 I served the. NOTICE Of J..UNNT LIEN by enclosing a true copy in a sealed erwelopaaddressed to each person whose name anc address is shown below and depositing the envelope in the United States mail with the postage fully prepaid.
(1) Date of mailing:

FEB 20'04

(2)Place of mailing (city and ststeh : San

Francisco,

CA

3. I declare under penalty of perjury under the· laws of the State .of California that the foregoing is true and correct.

Dam: February

20'04
_
NAMEl

......

JJ.II). 9.··. )I.i):l;.gJ.a.I!
{TYPE OR PflINT

.

NAME AND ADDRESS

OF EACH PERSON TO WHOM NOTICE WAS MAILED

4. a. Name of person served: b. Address {number. street, city. and ZlP}:

SERVICE LIST HN"TON, Al.FEJ:rr"& Sl.JMNER

RlCHARo L KAtZ (0429Q2)
1646 N. CAliFORNIA ROAD, #600

c. Name of person served: d. Address (number. street, city, and ZlP) :

WALNUr CREEK. CA 94S96
RICHARDL KA1Z (04~)

e. Name of person served: 1. Address (number. street. city, and ZlP) :

1liE GAMMA B1..OO ;IKl23 ,01lAAKsPUR, lANDNG OR lARKSPUR, CA 94939
THoMAS v. LORAN (09525S) PILl.SBURY \MNTRHROp UP

g. Name of person served: h. Address (number. street. ciry, and ZIP):

i, Name of person served: j. Address (number. street. citv; and ZiP):

00 t:REMcNr sr; P.O.BOX 7880 SAN FRANcISCO, CA ·941::zo...7BSO
S. FARMER (04G694) CClU..ETTE 8: E.RfO(SON 555 CA.l.IFORNA Sf #4350 SAN FRA.~SCO, CA 9410l
in attachment.

w\WAM

o Ust of names
MC-C50 (New JM>Uary 1,1996]

and addresses

continued

i

"-.....

IT.i_

JERROLD~SCOE, SU~ERIOR

VOLUME

III; June 1~2003

1

1 2
3

COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF .SAN FRANCISCO

4 5
6 7 8 9

JERROLD BOSCOE,individually and dba WESTERN PACIFIC DEVELOPMENT SERVICES i and ~~O~~aMTH~o~~L~ng~~~~lY~

) ) )
)

iF"- f'FY., ~"'~
No.

~Q)tP"U
411531

Plaintiff(s), vs. HCV PACIFIC PARTNERS LLC, a limited liability company; PORT LUDLOW ASSOCIATES LLC, a limi ted liability company, Rlli~DALLJ. VERRUE and DOES 1 through 10, inclusive, Defendant(s).

)
)

)
)

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

) ) ) ) ) )
)

) UPON ORAL EXAMINATION

VIDEOTAPED

DEPOSITION OF

JERROLD ·BOS.cOE VOLUME· III

9:45 A.M. JUNE 12, 2003 200 SECOND AVENUE SEATTLE, WEST

WASHINGTON

PATSY D. JACOY, JA-CO-YP-D371K7
PATSY D. JACOY,CCR, RPR * YAMAGUCHI, OBIEN & MANGIO 520 Pike street, Suite 1213, Seattle, WA 98101 (206) 622-6875 .www.yomreporting.compjacoy@yomreporting.com

JERROLD 1 2
3

1

VOLUME

III; June 12,

03

126

limi ted to some criminal injury work? A. practice. Q.

de f erise and some personal

It was a general,

small office type legal

4
5

I think you said the first day that it didn't to do with real estate work; is that

6 7
8

have anything right? A.
Q. A.

I wasn't

a real estate lawyer, no. organizational work?

9

Did you do any business

10

I set up a couple of nonprofit with George McKeon,

homeowner

11 12
13

associations

and I can't remember

what else I did, if anything.
Q.

You had had a previous work experience at that time?

with

14
15 16 17

George McKeon A.
Q. A.

You mean when George was a client? When you had your law practice. Yeah, I had had some working experience. We

18 19
20

were joint venture partners County. Q. A. think.
Q. A.

on a project

in Sacramento

When did you leave the practice Formally

of law? '71, I

21 22
23 24

I left it in, I think it was

Why did you leave the practice I wanted

oE law?

to move forward with my career in

25

real estate with George McKeon.
PATSY D. JACOY, CCR, RPR Suite

*

YAMAGUCHI, 1213, Seattle,

OBIEN WA

& MANGIO
98101

520 Pike (206) 622-6875

Street,

www.y-omrep{)rting.compjacoy@yomreporting.com

JERROLD Q. A. Q.

I

VOLUME

III; June 12,

03

127

1

Was there any other reason? Not to me. Were you under investigation by the state bar

2
3

4 5
6

at that time? A. Q. state bar? A. Q. A. Q. Not to my knowledge. Have you ever been convicted No. Were you under investigation for any crimes of law? of a felony? No. Were you ever under investigation by the

7
8

9

10
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

at the time that you resigned

from the practice

A.
Q. Ketner license

Not to my knowledge. Have you ever had any discussions about the requirement for having with Robert

a broker's with

in the state of Washington

in connection

any kind of real estate transaction, A. Bob Ketner and I talked would be transferred Services

intermediation? the fact that Pacific

about

his license Development basis.

to Western

on an as-needed

and as-appropriate

That would form one of the contributions would make to our co-ventures
I

Mr. ~etner it.

if we. needed

The same was true, by the way Q.

in Oregon. having a license in

With regard to Mr. Ketner --

Oregon

PATSY D. JACOY, CCR, RPR * YAMAGUCHI, OEIEN & MANGIO 520 Pike street, suite 1213, Seattle, WA 98101 (2().6) 622-6875 www.yomreporting.compjacoy@yomreporting.com

JERROLD eSCOE, 1 2
3

Volume

Ii June 10,

e)3

1

SUPERIOR

COURT OF THE STATE OF CALIFORNIA OF SAN FRANCISCO

IN AND FOR THE COUNTY

4

5
6 7
8

JERROLD BOSCOE, individually and dba WESTERN PACIFIC DEVELOPMENT SERVICES; and ) JEROME M. BOSCOE, individually) and dba THE HASKELL COMPANY,. )
)

Plaintiff(s), vs. HCV·PACIFIC PARTNERS LLC, a limited liability companYi PORT LUDLOW ASSOCIATES LLC, a limited liability company, RANDALL J. VERRUE and DOES 1 through 10, inclusive, Defendant(s) . VIDEOTAPED DEPOSITION OF

) ) )

No. 411531

)
) )

9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

)
)

)
)

)
)

UPON ORAL EXAMINATION

JERROLD BOSCOE VOLUME I

9:00 A.M. JUNE 10, 2003 200 SECOND AVENUE SEATTLE, WEST

WASHINGTON

PATSY

D. JACOY, JA-CO-YP-D371K7
PATSY D. JACOY, CCR, RPR
520 Pike Street, suite

*

YAMAGUCHI, OBIEN & MANGIO
1213, Seattle, WA 98101 pj acoy@yomreporting.c·om

(206)

622-6875

www.yomreporting.com

JERROLD
1 2 3

COE, Volume

I; June 10, 2

9

Company? A. Q. McKeon Yes. Could you tell the jury, please, Company is. organization is -- at the time firm in San in I who the

4 5

A.
joined

The McKeon

it was approximately

an 85-year-old

domiciled Francisco.

in -- came out of the Mission Mr. McKeon, George McKeon,

District

was the third and own the principally. of and

line of the male senior McKeonsto company. It was a home-building

manage company,

We were also very much involved downtown Los Angeles, Phoenix,

in redevelopment Chicago, San Mateo

Sacramento. Q. Did the McKeon· Company have a national

reputation? A. We were home builder '70. of the year nationally for sale largest

in 1969 and builder builder

We were the tenth largest We were the world's

in the world.

of condominiums. domestic

We were the Bank of America's account.

single largest Q. Company? A. industry, Q.

What caused you to go with the McKeon

I loved the development and George offered

and construction

me that opportunity. Company?

And what did you do with the McKeon

PATSY D. JACOY, CCR, RPR * YAMAGUCHI, OBIEN & MANGIO 52·0Pike Street, Suite 1213, Seattle, WA 98101 (206)622-6875 www.yomreporting.compjacoy@yomreporting.com

JERROLD_SCOE, A. Q.

Volume

I; June 10,

e03
and service worker. call up and complain and fix be a

10

1

I started What

out as pickup

2
3

is that?

A.

Oh, that's where people

4 5 6 7
8

about warranty,

and you go out to their home or their drywall issues.

the leaky plumbing problem Q. A. with,

there might

electrical

What did you do after that? I then went into the sales and leasing of McKeon. for

9 10

the San Diego division Q.

And what did that involve? New home outside sales at Wintergarden Greens, And a then

11
12 13 .14 15 16 17 18 19

A.

development I progressed

of El Cajon, California.

out of that area into construction for the San Diego divisions.

as a

foreman and a superintendent division, Q.

which was one of our larger Okay. Then I progressed

A.
manager

over to construction which was I returned

for the southeast Florida,

division,

Mississippi,

Georgia.

And then

20 :~n
t~

back to Los Angeles

and took over as regional County, Ventura County,

administra tor for Los Angeles Indio County, Q. activity A.
PATSY

Riverside

and San Bernardino. administrator, in? and sales what type of

And as regional were you involved I oversaw
D. JACOY,

all of the construction
CCR, RPR suite

*

YAMAGUCHI, 1213,

OBIEN WA

& MANGIO
98101

520 Pike (206) 622-6875

street,

Seattle,

www.yomreporting.com

pjacoy@yomreporting_com

JERROLAilOSCOE, SUPERIOR

VOLUME COURT

III: June ~

2003

1

1

OF THE STATE OF CALIFORNIA

2
"3

IN AND FOR THE COUNTY OF SAN FRANCISCO

4 5
6

JERROLD BOSCOE,individually anddba WESTERN PACIFIC DEVELOPMENT SERVICES: and ) JEROME M. BOSCOE, individually) and dba THE HASl<ELL COMPANY, )
)

~

~>\~)Jl~'i( \..--:;? \:~:-~fU U
No. 411531

~

jn:M

7
8 9

Plaintiff (s), vs. HCV PACIFIC PARTNERS LLC, a limited liability company; PORr LUDLOW ASSOCIATES LLC, a li.mited liability company, RANDALL J. VERRUE and DOES 1 through 10, inclusive, Defendant(s). VIDEOTAPED DEPOSITION OF

)
)

)
)

10
11

) ) ) ) ) )
)

12 13 14 15

) UPON ORAL EXAMINATION

16
17 18 19 20 21 22 23 24 25 PATSY D. JACOY,

JERROLD "BOS.COE "VOLUME' III

9:45 A.M. JUNE 12, 2003 200 SECOND AVENUE WEST

SEATTLE, WASHINGTON

JA-CO-YP-D371K7

PATSY D. JACOY, CCR, RPR * YAMAGUCHI, OBlEN & MANGlO 52{)Pike Street, Suite 1213, seattle, WA 98101 (206) 622-6875 www.yomreporting.compjacoy@yomreporting.com

JERROLD eCOE,
1

VOLUME III; June 12_003 I figured if he could answer

137

MR. FARMER:

2
3

that he was doing pretty good. MR. KATZ: You now can join the team of

4 5 6
7

lawyers who have become inarticulate at inopportune times during depositions. (Discussion off the record.) VIDEO OPERATOR: The time is 3:29 p.m. T,his

8 9 10 11 12 13
14

concludes tape number two in Volume III of the deposition of Jerrold Boscoe. (Recess taken.) VIDEO OPERATOR: The time is 3:39 p.m. This

begins tape number three in Volume III of the deposition of Jerrold Boscoe. MR. KATZ: Earlier, Mr. Farmer, you asked him

15 16 17 18 19 20 21 22 23 24 25

whether he knew he was under investigation, and I think his answer will be the same, but. I would prefer some clarification. Mr. Boscoe. A. I knew that a complaint had been filed So would you clarify your answer,

against me with the state bar, but I was unfamiliar with whether there was any investigation ongoing pursuant to that complaint. Q. (BY MR. FARMER) In connection with that

complaint, did you or any representative of yours have discussions with members or.employees of the state bar
PATSY D. JACOY, ·CCR, RPR

*

YAMAGUCHI, OBIEN

&

MANGIO

52D Pike street, Suite 1213, Seattle, WA 98101 (206)622-6875 www.yornreporting.compjacoy@yomreporting.corn

JERROLD BOtlbE, 1 2 3 4 5 6 7
8

VOLUME

III; June 12, ~3 apparatus?

138

or the state bar investigative

A.
Q.

I don't

know if they did. a lawyer

Did you have representation, you

representing

A.
Q. A. Q.

Yes. -- in connection Yes. I'll refer to it as the state bar matter, if with the state bar matter?

9 10 11 12 13 14 15 16 17 18 19

that's okay, or complaint. A. Q. A. secretary controller Q. A. Q. A. invested Q. That's fine. of the complaint? monies that my

What was the nature

That I had misappropriated had given me.

She was with me as a for four years or so.

and office manager Were they client

funds?

They were her funds. And how did she happen To invest, them. Did she complain to authorities other than to give the~ to you~

and she was upset with how I

21

the state bar? A. Not to my knowledge. After I let her"go she

filed the complaint. Q. Did you enter into any kind of agreement with

the state bar to resign with regard -- as a result of
PATSY (2.06) D. JACOY, Pike CCR, RPR Suite

*

YAMAGUCHI, 1213,

520

Street,

DBlEN & MANGlO Seattle, WA 981D1

622-6875

www.yomreporting.compjacoy@yomreporting.com

JERROLD ~COE, the complaint ensued A. participate

VOLUME

III; June 1241J003 that may have

139

and any investigation

from that? I didn·t enter into any agreement or

in any proceedings

or any investigation

with the state bar. Q.

I paid her back her money. made in relation to

When was her complaint

your resignation A. Q. About

from the state bar? a year and a half before. have anything to do with

Did her complaint to resign? No.

your decision A. Q. No.

What was her name? Elizabeth. Elizabeth Elizabeth. I can

A.

get that name.

I don't remember. filed in connection with her

Q.
concerns A. Q. A. Q. A. Q. A.

Was any lawsuit or her complaint?

Not to my knowledge. She didn't sue you at any time? that I know.

Not to my knowledge,

How much money was at stake? I think it was under And what was the -I think we paid her back over Why did you pay her back? Well, there was a claim that she wanted her 100,000. 100,000.

Q.
A.

PATSY D. JACOY, CCR, RPR * YAMAGUCHI, OEIEN & MANGIO 520 Pike street, Suite 1213, seattle, WA 98101 (206) 622-6875 www.yornreporting.com pjacoy@yomreporting.com

JERROLD 1 2
3

, VOLUME

III; June 12,

03

140
I gave it

money back, and so I got it back to her. back to her. Q. A.

What had you done with the money? I had invested it in other opportunities and she didn't. at this time? California. that

4 5
6

I felt were appropriate Q. A. Q. A.

Where was your office

7
8 9

Lake Tahoe and Downieville, Where at Lake Tahoe? Tahoe City. Did you believe Pacific

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

that you -- and when Consulting, Services

I say

you I mean Western Western broker's Pacific license

Inc. and later -- needed enter a

Development

in order to legally

into the fee?

transaction A. Q. A. Q. to whether

with HCV to be paid a success believe that.

No, I didn't

Did you give it any consideration? Not that I recall. Do you have any understanding that's something license
~

at this time as to have; the

that you needed in connection

that is, a broker's ReV A.

with

If I was paid

a commission

I would

imagine

I

would have to have that. Q. Your understanding is if it's something constitute
YAMAGUCHI, 1213, Seattle, OBIEN WA

other

than a cormnission, it doesn't
PATSY D. JACOY, Pike CCR, RPR suite

a broker's
& MANGIO
981D1

*

520

street,

(206) 622-6B75

www.yomr-eporting.com

pjacoy@yomr.eporting.com

PROOF OF SERVICE
Re: Case Name: Court Case No.: Boscoe, et al. v. HCV Pacific Partners LLC, et al. 411531

I am employed in the City and County of San Francisco, California. I am over the age of eighteen (18) years and am not a party to the within cause; my business address is 555 California Street, Suite 4350, San Francisco, California 94104. On the date hereon, I served the foregoing document, described as:

DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF PLAINTIFFS' CALIFORNIA STATE BAR INVESTIGATION AND RESIGNATION AND UNRELATED LITIGATIONS, LIENS AND JUDGMENTS INVOLVING PLAINTIFF
on the following:

PLEASE SEE THE ATTACHED SERVICE LIST
(By Mail) By causing a true copy of said document(s), enclosed in a sealed envelope addressed as above and with postage thereon fully prepaid, to be placed in United States mail at San Francisco, California. (By Federal Express) By causing a true copy appropriate packaging and addressed as above prepaid, to be delivered to the Federal Express San Francisco, California, where said package delivery. of said document(s), enclosed in and with delivery fee thereon fully pickup station at 555 California Street, was routinely accepted for next-day

_x_

(By Personal Service) By causing a true copy of said documenus), envelope and addressed as above, to be hand-delivered.

enclosed in a sealed

(By Fax) By causing a true copy of said document(s) to be transmitted by facsimile copying machine to the telephone numbers known by or represented to me to be the receiving telephone number for facsimile copy transmission of the parties/persons/firms listed above. The transmission was reported as complete and without error.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September

17, 2004, at San Francisco, California.

·
SERVICE LIST

Peter 1. Hinton, Esq. Hinton, Alfert & Sumner 1646 N. California Blvd., #600 Walnut Creek, CA 94596 Richard Katz, Esq. Hinton, Alfert & Sumner 1646 N. California Blvd., #600 Walnut Creek, CA 94596

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