On October 9, 2015, I took the deposition of Mark Alston. Did I mention, I’m a Pro Se Plaintiff suing Citimortgage, Inc. Anyway, back to the deposition.
Mr. Alston showed up to the deposition with what appeared to be a serious attitude and he was dribbling hostility all over me. Yuk. I don’t know why he’s so mad at me, he threw away MY stuff. Even though it’s clear Citimortgage, Inc. told him to do so, a real gentleman, a person of integrity, oh, that’s too high of a standard, how about a good Real Estate Broker who was familiar with California Civil Code would have contacted me to see if I wanted my “personals & trash”, but I’m pretty sure no one was ever going to return my “Personals & Trash”. I say that because I called his office at LEAST three times before he threw away my “Personals & Trash”.
But, I digress, I’m a big girl, so I put on my big girl panties, tried to be as professional as I could and I started asking questions. If you want to read the entire 110 pages, you can do so here, but strap up, this thing went twilight zone almost immediately. Here are some highlights:
Q. “regarding the trash out of the personal property that was left behind, was it all your fault”
A. If you want to know what ACTUALLY happened, you can read it here, but for your entertainment (or confusion), pages 5-7 is what took place following this question (now keep in mind, deposition transcript was $5.25/per PAGE).
(as you are reading this, keep in mind that Ms. Granger does NOT represent Mark Alston aka “THE WITNESS”, she is objecting on behalf of her client, YES, REALLY!).
Q. “you have chosen not to defend yourself in this lawsuit, is that correct?”
(this case was filed in May of 2012 and Mark Alston never responded to the lawsuit. He was dismissed from the complaint in federal court in March 2015).
A. Pages of 18-21 is what occurred after the above question. I promise, I couldn’t have made this up.
Mr. Alston claimed that he never received any of my calls or messages asking to retrieve my personal property before it was thrown away, so I asked him if he check with his voice mail provider (and I’m paraphrasing the question) to see if there was a problem. Since I knew I had in fact called (oh, don’t worry, our phone records back this up).
Mr. Alston didn’t check because he assumed
A. It was a “misrepresentation”
I will add to this as I have time, but it’s a very colorful read. I still don’t understand why he would pay a receptionist to be at his office eight hours a day, then insist that if someone really wanted to get in touch with him, they would call his cell phone. After all, his office number IS a good number, and there is nothing on his office phone voice mail that gives his cell phone or instructs a person to call his cell phone. He also insist that “I” am going in and out of the condo taking things, but also denies that this suggest that the “personals & trash” is WANTED. He later changes this story when it doesn’t fit his narrative.
Needless to say, I felt his testimony was wholly not credible and we’ll see how this plays out for the jury.