1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 COUNTY OF SANTA CLARA
3 --oOo--
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5 RALPH SIMPSON, )
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6 Plaintiff, )
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7 vs. ) No. 105CV053398
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8 LOU RAE KAGEL; LYNN O'BRIEN; JAMES )
O'BRIEN; STONEHENGE PROPERTIES, )
9 INC.; VALLEY OF CALIFORNIA, INC. dba )
COLDWELL BANKER; DOUGLAS REA; and )
10 DOES ONE through TWENTY, inclusive, )
)
11 Defendants. )
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12 AND RELATED ACTIONS. )
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14
15 DEPOSITION OF RYAN SIMPSON
16 Wednesday, November 15, 2006
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21 Taken before JANELL SOKOL, CSR, CM
License No. C-3443, State of California
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23
DIABLO VALLEY REPORTING SERVICES
24 Certified Shorthand Reporters
2121 N. California Blvd., Suite 310
25 Walnut Creek, California 94596
925-930-7388 1
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 I N D E X
2 PAGE
3 EXAMINATION BY:
4 MR. KOSS 5
5 MR. THOMAS 30
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DEPOSITION OF RYAN SIMPSON - 11/15/06
1 BE IT REMEMBERED, that pursuant to notice to the
2 respective parties, and on Wednesday, the 15th day of
3 November, 2006, commencing at the hour of 11:30 a.m.
4 thereof, at the Law Offices of GAGEN, McCOY, McMAHON, KOSS,
5 MARKOWITZ & RAINES, 279 Front Street, Danville, California,
6 before me, JANELL SOKOL, a Certified Shorthand Reporter,
7 License No. C-3443, State of California, there personally
8 appeared:
9 RYAN SIMPSON,
10 called as a witness on behalf of the defendants, who, being
11 first duly sworn, was then and there examined and
12 interrogated as hereinafter set forth.
13
14 --oOo--
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16 PAUL G. MINOLETTI, Attorney at Law, representing
17 the Law Offices of GREENE, CHAUVEL, DESCALSO & MINOLETTI,
18 951 Mariner's Island Boulevard, Suite 630, San Mateo,
19 California 94404, appeared as counsel on behalf of the
20 plaintiff;
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22 CHARLES A. KOSS, Attorney at Law, representing the
23 Law Offices of GAGEN, McCOY, McMAHON, KOSS, MARKOWITZ &
24 RAINES, 279 Front Street, Danville, California 94526,
25 appeared as counsel on behalf of defendant Lou Rae Kagel;
3
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 STEPHEN W. THOMAS, Attorney at Law, representing
2 the Law Division of NRT Incorporated Western Division,
3 12657 Alcosta Boulevard, Suite 500, San Ramon, California
4 94583, appeared as counsel on behalf of defendant Valley of
5 California, Inc. dba Coldwell Banker.
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7 ALSO PRESENT were RALPH SIMPSON, plaintiff, and
8 THOMASENA SIMPSON.
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DEPOSITION OF RYAN SIMPSON - 11/15/06
1 RYAN SIMPSON,
2 called as a witness on behalf of the defendants,
3 having first been duly sworn by the court reporter
4 to testify the truth, the whole truth and nothing
5 but the truth, testified as follows:
6 --oOo--
7 EXAMINATION
8 BY MR. KOSS:
9 Q. Would you please state your name and address.
10 A. Ryan Simpson, 17682 Blanchard Drive, Los Gatos,
11 California.
12 Q. Mr. Simpson, I introduced myself before we
13 started. My name is Charles Koss. I represent Lou Rae
14 Kagel in a lawsuit that your parents have brought against
15 her and others relating to the purchase of the Blanchard
16 property.
17 Do you understand all that?
18 A. Yes.
19 Q. Okay. I take it you've discussed this lawsuit
20 with your parents from time to time over the last whatever
21 long it's been going on.
22 A. Yes.
23 Q. I want to ask you some questions about what I
24 think is rather limited involvement in the facts and
25 circumstances of this case, but before we get going, have
5
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 you ever been deposed?
2 A. No.
3 Q. Do you have any idea what the deposition process
4 is all about?
5 A. Core basics.
6 Q. Well, just to make sure we're on the same page,
7 why don't I go through those basics with you, and you let
8 me know if you've got any issues with any of it. Okay?
9 A. Okay.
10 Q. First of all, you've given an oath to tell the
11 truth.
12 Do you appreciate that?
13 A. Yes.
14 Q. Okay. And even though we're sitting in my
15 conference room, that's the same oath you'd be given in a
16 court of law and the same penalties of perjury attach.
17 Do you understand all of that?
18 A. Yes.
19 Q. You understand it's important to tell the truth,
20 correct?
21 A. Yes.
22 Q. We have a court reporter that's here taking down
23 everything everybody says.
24 Do you appreciate that?
25 A. Yes.
6
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 Q. At some point she will transcribe that into a
2 booklet form called a deposition transcript. It looks
3 something like this. I'm holding up one. You'll get a
4 chance to -- in fact, you will get a letter that says you
5 can come down and read it over and make whatever changes
6 you deem appropriate.
7 Do you appreciate that?
8 A. Yes.
9 Q. I should caution you, if you make changes I might
10 be able to comment on those changes and that might affect
11 your credibility. Okay?
12 A. Okay.
13 Q. So my suggestion to you is you answer fully and
14 completely here today so you don't need to make those
15 changes.
16 Does that seem fair to you?
17 A. Yes.
18 Q. Any reason why you think you can't give your best
19 testimony today, that you're not feeling well, you're under
20 medication, too sleepy, anything like that?
21 A. No.
22 Q. Okay. I add the sleepy thing because I had a
23 witness the other day who said, oh, I'm kind of sleepy.
24 I don't mean to trick you by anything. If you
25 don't understand a question, please let me know and I'll
7
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 rephrase it.
2 A. Okay.
3 Q. Any questions about the process before we get
4 going?
5 A. No.
6 Q. Okay. You seem to be doing this pretty well.
7 It's best if you wait for me to finish my question. I'll
8 try and wait for you to finish your answer so Janell, our
9 court reporter, can get it all down. Fair enough?
10 A. Okay.
11 Q. Okay. And that's sometimes hard to do because we
12 anticipate what someone is going to say.
13 Lastly, you need to answer audibly. Shaking your
14 head doesn't really translate and I may be prompting you
15 for answers. I don't mean to be rude, but otherwise a
16 shake of the head is basically no answer at all. Okay?
17 A. Okay.
18 Q. When do you recall first seeing the Blanchard
19 property?
20 A. I think the day after I moved from England.
21 Q. And do you recall what day it was that you moved
22 back from England?
23 A. Not the exact date.
24 Q. In general terms?
25 A. It was very late August, later August.
8
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 Q. Do you recall if you moved back from England
2 before or after the events of 9/11?
3 A. Before.
4 Q. Did you fly back here with anybody or did you come
5 back by yourself?
6 A. By myself.
7 Q. And was your dad living here at the time?
8 A. Yes, he was.
9 Q. And was your mom back in the U.K. at the time?
10 A. Yes.
11 Q. And why is it that you came out at that point in
12 time?
13 A. To start school.
14 Q. Had you already started school before you saw the
15 Blanchard property?
16 A. No.
17 Q. Who was with you when you first saw the property?
18 A. My dad.
19 Q. Is it correct that by the time you saw the
20 Blanchard property, your parents had already seen the
21 property, or at least that's what you had been told?
22 A. Yes.
23 Q. To your understanding had your parents already
24 made an offer to buy the property?
25 A. I believe so.
9
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 Q. Do you know if your parents had already entered
2 into a contract to purchase the property at the time you
3 first saw it?
4 A. Not sure.
5 Q. What was the purpose of you going to see the
6 property?
7 A. Curiosity.
8 Q. Is this the kind of thing where your dad said I'm
9 going to go look at the property, do you want to come with
10 me?
11 A. Yeah, more so.
12 Q. Did you believe that you would have a decision in
13 whether or not your parents actually bought this house?
14 A. Not a strong one.
15 Q. It wasn't as though your dad said, why don't you
16 look at it before I buy it, I want to make sure you're
17 happy with it? You don't remember it being presented like
18 that?
19 A. Not exactly.
20 Q. Okay. Was there anybody at the house when you
21 went to look at it?
22 A. The first time, I don't believe so.
23 Q. And how did you access the property?
24 A. I think we just drove by the first time.
25 Q. Did you get out of the car and walk around the
10
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 house?
2 A. I believe so. I think so. I think it was just a
3 short walk around.
4 Q. Do you remember discussing any aspects of the
5 house with your dad at that time?
6 A. The pool house.
7 Q. And what did you discuss about the pool house?
8 A. I liked it.
9 Q. Was it your expectation that you would get to live
10 in the pool house?
11 A. I was hoping so.
12 Q. Okay. So you'd have kind of your own place. It
13 would be kind of a cool thing?
14 A. Yes.
15 Q. At this point in time you were in what grade in
16 school?
17 A. In college, about sophomore level.
18 Q. And had you already enrolled in school at the time
19 you were first looking at the house?
20 A. No. I think we enrolled the next day.
21 Q. Oh, okay. You knew where you were going to go?
22 A. Yes.
23 Q. And what school was that?
24 A. That was Los Gatos High School.
25 Q. Oh, so you were in high school at the time.
11
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 A. Yes.
2 Q. And what year were you? Did you say sophomore?
3 A. I was a senior in high school at the time.
4 Q. Oh, okay. Sorry.
5 A. I'm a sophomore in college at the moment.
6 Q. And where do you go to college?
7 A. De Anza.
8 Q. Did you go back and look at the house on other
9 occasions prior to the time you actually moved into the
10 house?
11 A. Yes.
12 Q. About how many times?
13 A. Two that I can recall.
14 Q. Why don't we start with -- the first time you
15 drive around and then two more occasions?
16 A. Right.
17 Q. What happened on the second occasion? Who was
18 there?
19 A. Let's see. That was with my dad and I believe
20 Doug, and Lou Rae was there.
21 Q. Was your mother there?
22 A. No.
23 Q. Your mother explained a trip where she came out to
24 do a house-hunting kind of thing. Had she already gone
25 back to the U.K. by the time of this meeting that we're now
12
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 discussing?
2 A. Yes.
3 Q. What do you recall being discussed at this
4 meeting? You were there and Doug Rea was there and Lou Rae
5 Kagel was there and your dad was there.
6 A. Yes. The air conditioning, a couple of other
7 little features about the house.
8 Q. Why don't we start with the other little features.
9 What do you remember about those?
10 A. It was the paneling in the garage they were
11 discussing, air vents and a few other things, I think. I
12 don't recall exactly.
13 Q. What was discussed about the air conditioning?
14 A. The air conditioning in the pool house, it wasn't
15 really cooling down the house so they were discussing
16 getting an air conditioner that worked into the pool house.
17 Q. On that occasion was anybody eventually able to
18 get the air conditioning to work?
19 A. Not exactly.
20 Q. What do you mean by not exactly?
21 A. The temperature of the house dropped about a
22 degree or two, but the sun had set in that time and it was
23 over a period of a half an hour to an hour, something like
24 that.
25 Q. What do you remember Lou Rae Kagel saying that day
13
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 about the air conditioning?
2 A. That it worked, that it was in the attic.
3 Q. Okay. Anything else?
4 A. That if we closed all the windows and doors, it
5 might work quicker.
6 Q. Anything else you can remember her saying that
7 day?
8 A. She talked about the property a lot. I mean I
9 probably wasn't paying as close attention as someone more
10 directly involved with the deal.
11 Q. Okay. So you remember there being ongoing
12 discussion between your dad and Lou Rae Kagel and Doug Rea
13 but you didn't really pay that much attention to it?
14 A. Yeah.
15 Q. Have you told me everything that you can remember
16 that was discussed that day that you did pay attention to?
17 A. No. Lou Rae also discussed -- she talked about a
18 garage type area in the back of the house, the back area;
19 and she discussed a pool at the time and a few other
20 features of the house, you know, a wiring cabinet, size of
21 rooms, things like this.
22 Q. When you arrived that day at the house, how did
23 you gain access to the house?
24 A. I believe it was actually an open house at the
25 time when I showed up.
14
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 Q. Did you and your dad show up with Doug Rea or did
2 you meet him there?
3 A. I think we met him there. I don't remember
4 exactly.
5 Q. Where did you actually first meet Lou Rae, what
6 part of the house?
7 A. I believe it was actually outside.
8 Q. And there was a discussion about a possible pool?
9 A. Yes.
10 Q. What do you remember being said about that?
11 A. Well, she took us -- or took me to the grape
12 vineyards and discussed how this would be a good area for a
13 pool due to location and view from the main house.
14 Q. And is that same area where the pool has actually
15 been installed?
16 A. Yes.
17 Q. She mentioned something about a garage?
18 A. Yes.
19 Q. Did she mention that to you?
20 A. Yes.
21 Q. Can you describe that conversation for me?
22 A. Yeah. We walked around the back of the pool house
23 and she said that you could place a garage here and extend
24 the driveway along the property border to get cars to the
25 driveway.
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DEPOSITION OF RYAN SIMPSON - 11/15/06
1 Q. And she had that discussion with you. Did she
2 also have the discussion with others?
3 A. I believe it was just me for that conversation,
4 and then my father came up after. I believe he was on the
5 phone at that time or something.
6 Q. And was that discussion about a potential garage
7 repeated to your dad once he came up?
8 A. I believe so, yes.
9 Q. And that was repeated by you or by Lou Rae?
10 A. By Lou Rae.
11 Q. Was a garage of interest to you?
12 A. Somewhat, yes.
13 Q. Why was that?
14 A. It would be nice to get a cool car in a nice
15 garage. Maybe I could borrow it on weekends.
16 Q. The house currently has garage space for what,
17 four cars?
18 A. Yes.
19 Q. And do you guys have four cars?
20 A. No.
21 Q. How many cars do you have?
22 A. Three.
23 Q. So you already have one extra space now?
24 A. Storage and so forth.
25 Q. Okay. I understand you've talked to your dad
16
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 about buying a Morgan.
2 A. Yes.
3 Q. Have you done anything about that other than talk
4 about it?
5 A. Not too much. I've tried to convince him to get
6 one.
7 Q. Have you actually gone and looked at any?
8 A. No.
9 Q. Have you looked on the internet, that kind of
10 thing?
11 A. Yes, definitely.
12 Q. Do you have any particular year in mind?
13 A. I was thinking the Arrow 8.
14 Q. Oh, a new one.
15 A. Yes.
16 Q. I have an XKE. I'm an English car guy.
17 A. Oh, okay.
18 Q. So I take it if you got the Morgan today, you'd
19 have garage space for that car?
20 A. With some cleaning and so forth, yeah.
21 Q. Anything else you can remember being discussed
22 between you and Lou Rae Kagel or discussions you overheard
23 with Lou Rae Kagel that day out at the site that we've been
24 talking about?
25 A. Nothing specific.
17
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 Q. And you believe this was an open house?
2 A. I believe so.
3 Q. And that's because you recall other people milling
4 around the house?
5 A. Yes, not too many but there were other people.
6 And there was a billboard type thing propped up in
7 front of the pool house and it gave, you know, information
8 about the property.
9 Q. What information do you recall being on the
10 billboard about the house?
11 A. Square foot, another structure. I believe there
12 was something about three zone air conditioning or
13 something like that. I'm not positive on that part.
14 Q. Okay. Anything else you remember?
15 A. No.
16 Q. What do you remember the billboard saying about
17 the square footage?
18 A. I don't recall exactly.
19 Q. What do you recall the billboard saying about
20 another building?
21 A. It said something to the effect of room for
22 another like 800-foot structure.
23 Q. While you were out at the property that day, did
24 you pick up any brochures?
25 A. No.
18
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 Q. Did you see your dad pick up any brochures?
2 A. I'm not sure.
3 Q. Do you recall if your dad asked about any features
4 of the house?
5 A. Yeah.
6 Q. What features do you recall him asking about?
7 A. Well, air conditioning, pool and the data closet.
8 Q. The what closet?
9 A. The data closet.
10 Q. What do you mean by a data closet?
11 A. Well, it's the room where the telephone cables
12 come in from the other room, the cable. You can link all
13 your connections.
14 Q. What do you recall him asking about the data
15 closet?
16 A. Just if all the rooms were patched to it,
17 nothing -- I don't remember exact specifics of his
18 questions about that.
19 Q. Do you recall any discussion about fiber optics?
20 A. Yeah.
21 Q. What do you recall?
22 A. I remember a mentioning of it. I remember talking
23 about fiber optics. I was impressed that fiber optics
24 would be installed in the house.
25 Q. Why was that impressive to you?
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DEPOSITION OF RYAN SIMPSON - 11/15/06
1 A. It's a pretty quick internet media.
2 Q. To your understanding what would fiber optics --
3 what would be the benefit of having fiber optics?
4 A. Much faster internetwork communications.
5 Q. Does the house have an internet connection now?
6 A. Yes.
7 Q. What kind does it have?
8 A. I believe it's DSL.
9 Q. DSL is cable?
10 A. I'm sorry?
11 Q. I'm sorry. It's not a cable. It's a DSL phone
12 line?
13 A. Yes.
14 Q. And then somehow that would connect to the fiber
15 optics in the house and that would transmit the data from
16 the DSL to the computer?
17 A. You could do that. You could do that.
18 Q. And how is it connected now, do you know?
19 A. Wireless router.
20 Q. Is it your understanding the DS -- strike that.
21 To your understanding fiber optics would be faster
22 than the wireless router?
23 A. Yes.
24 Q. What course of study are you pursuing in college?
25 A. Computer sciences.
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DEPOSITION OF RYAN SIMPSON - 11/15/06
1 Q. Have you studied fiber optics?
2 A. Not in school.
3 Q. Have you studied it on your own?
4 A. At work.
5 Q. Oh, where do you work?
6 A. I did an internship at Cisco.
7 Q. And what was the nature of your internship? What
8 were your duties?
9 A. Technical support, lab admin.
10 Q. By technical support, are you providing support to
11 people that have purchased Cisco routers?
12 A. Towards the end, yeah.
13 Q. So you were dealing with homeowners?
14 A. No.
15 Q. It's not that kind of support?
16 A. No.
17 Q. What's the nature of the support?
18 A. Just companies, other companies that needed
19 support.
20 Q. I'm not a tech person but I understand Cisco makes
21 routers for your house, right?
22 A. Not so much for the house.
23 Q. Okay. Does the lack of fiber optics in your mind
24 affect your use of the internet at the house?
25 A. Yeah.
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DEPOSITION OF RYAN SIMPSON - 11/15/06
1 Q. And how does it affect it?
2 A. Well, my wireless signal in the pool house is kind
3 of degradated after -- after the distance. So I'm really
4 surfing on the internet much slower than if I had a direct
5 connection.
6 Q. If your computer was in the house -- do you have a
7 laptop?
8 A. Yes.
9 Q. So you can carry it into the house, if you want?
10 A. Could.
11 Q. Okay. Do you notice a difference in speed when
12 you're in the house than when you're in the pool house?
13 A. Yes.
14 Q. It's your understanding if you had your laptop in
15 the house, would it be faster still having fiber optics?
16 A. From my laptop to the internet, no. But from
17 internetwork communication, laptop on the same network, it
18 would be quicker.
19 MR. RALPH SIMPSON: If I could interrupt, you may
20 want to say that you have your own high end server. I mean
21 that's where it would really benefit.
22 THE WITNESS: Yeah.
23 BY MR. KOSS:
24 Q. Well, maybe you can explain that to me. You have
25 your own server?
22
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 A. Yes. I built a server PC and I use that in the
2 pool house, and that's not exactly mobile so it's a little
3 more difficult to move.
4 Q. I see. Okay. And really the feature of this
5 fiber optics would be communications within the structure,
6 correct?
7 A. Yes.
8 Q. Not so much on the internet, but if you wanted to
9 communicate with your dad's computer in his bedroom, then
10 this would be much quicker communication?
11 A. Yes.
12 Q. And I take it that would have little effect say on
13 e-mail traffic between you and your dad?
14 A. I guess that depends on your e-mail server. If
15 you have to connect to the internet, you're only going as
16 fast as your weakest link.
17 Q. Okay.
18 A. And so if you're communicating over fiber optics
19 between two computers, there is no weak link.
20 Q. Right. If you had fiber optics you could create
21 your own network and communicate over the network rather
22 than over the internet, right?
23 A. Yes, exactly.
24 Q. And that would be faster?
25 A. Yes.
23
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 Q. And if you wanted to transmit large amounts of
2 data from one computer to the next, if you wanted to send
3 your dad lots of photos, for instance, you could do that
4 quicker with fiber optics?
5 A. Yes.
6 Q. And have you noticed that as a result of lack of
7 fiber optics that has adversely affected your ability to
8 communicate with other computers within the house?
9 A. So far, yes.
10 Q. And that's something that you do with regularity,
11 is communicate with the other computers in the house?
12 A. Yes.
13 Q. So getting back to that meeting out at the house
14 that day with Doug Rea, Lou Rae Kagel and your dad and you,
15 and you're looking at this -- what did you call it, data --
16 A. Data closet.
17 Q. -- data closet, there was also some discussion
18 about fiber optics?
19 A. Yes.
20 Q. What do you remember being specifically discussed?
21 A. I believe my dad asked if the fiber optics came
22 out in the data closet or if they were connected via the
23 data closet. I'm not sure. I wasn't involved in that
24 conversation.
25 Q. Do you remember who he asked that of?
24
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 A. I believe he asked Lou Rae.
2 Q. Did she make a response?
3 A. I don't recall.
4 Q. Did your dad ever express to you any doubt about
5 whether or not the property in fact had fiber optics?
6 A. I don't recall.
7 Q. Were you ever there on an occasion when your dad
8 asked -- strike that.
9 Were you ever there on an occasion when your dad
10 said in substance to Doug Rea he doubted there was fiber
11 optics and he asked Doug whether there really was?
12 A. I don't recall any of that.
13 Q. Do you have the ability to look at a house and
14 tell whether or not, just by looking at switch plates or
15 whatever, that the house in fact has fiber optics?
16 A. Not exactly.
17 Q. Can you do that now, today?
18 A. What's that?
19 Q. Are you able to do that today, in other words, by
20 looking at an outlet or a switch plate or something along
21 those lines of the actual cabling in the house, to
22 determine whether or not it has fiber optics?
23 A. If there was a fiber optic input on the plate,
24 then yes, you could determine.
25 Q. What's a fiber optic input look like?
25
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 A. It's like two little boxes, squares, with circular
2 inputs inside the squares.
3 Q. Did you, at the time you were looking at the
4 Blanchard house, know enough about fiber optics to look for
5 that kind of plate?
6 A. No, I definitely didn't.
7 Q. That's something you've learned since?
8 A. Right.
9 Q. And have you made your own independent
10 determination about whether or not this house has fiber
11 optics, this house being the Blanchard house?
12 A. Not that I've seen.
13 Q. Anything else you remember being discussed that
14 day out at the house between yourself, Doug Rea, Lou Rae
15 Kagel and your dad, other than what you've already told me?
16 A. I think they discussed some of the trees on the
17 property.
18 Q. Anything else?
19 A. No, I don't think so.
20 Q. I don't mean to suggest there is. I just want to
21 make sure I've got the universe of what you remember.
22 Okay?
23 A. Yes.
24 Q. And you've now told it all to me?
25 A. I believe so.
26
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 Q. Now, there was a third time you were out at the
2 property.
3 A. Yes.
4 Q. Can you describe for me who was there and what was
5 said?
6 A. I think that was just with my dad again. We just
7 walked around the property.
8 Q. Did you go inside the house?
9 A. (Shakes head.)
10 Q. Did you discuss any particular aspects of the
11 house?
12 A. Yeah. He wanted to look at the family room design
13 at the time, I believe, just looking through the window.
14 Q. He just peered through the window?
15 A. Yes.
16 Q. You guys didn't unlock the door and go inside the
17 house?
18 A. No.
19 Q. Anything else you remember discussing with your
20 dad about any aspects of the house on that occasion?
21 A. No.
22 Q. And you've now told me about the three times you
23 were in the house prior to the time you actually moved in,
24 correct?
25 A. That I recall, yes.
27
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 Q. Okay. Have you ever met Lou Rae Kagel on any
2 occasions after you moved into the house?
3 A. I don't think so.
4 Q. On any occasion have you met Lynn O'Brien?
5 A. Once.
6 Q. When was that?
7 A. After we moved in.
8 Q. Can you describe for me what occurred on that
9 occasion?
10 A. She came to the house, asked for my mom. I shook
11 her hand and said "hello."
12 Q. Okay. So your involvement that day was to answer
13 the doorbell?
14 A. Yes.
15 Q. Okay. And then you had no further conversation
16 with her?
17 A. Friendly hello, friendly conversation. Nothing
18 other than that.
19 Q. Do you know why she was there that day?
20 A. I think it was to get a mirror, but I'm not sure.
21 I believe I left after my mother got there.
22 Q. Any other occasions on which you've met or
23 discussed anything with Lynn O'Brien?
24 A. No.
25 Q. Have you ever met Jim O'Brien?
28
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 A. No.
2 Q. I want to go back to the discussion about the air
3 conditioning in the guest cottage.
4 You were touring the house with these people and
5 you walked into the guest cottage, or what do you call it,
6 pool house?
7 A. Um-hum.
8 Q. Yes?
9 A. (Nods head.)
10 Q. And your dad went over and tried the air
11 conditioning?
12 A. Yeah.
13 Q. And made a comment that it didn't seem to come on?
14 A. Right.
15 Q. And Lou Rae said no, it's on, or words to that
16 effect?
17 A. Right. The effect was they wanted to test the air
18 conditioning before moving in. I wasn't -- I'm not
19 positive whether Lou Rae turned it on or my father did.
20 Q. Do you know why he was testing the air
21 conditioning in the pool house?
22 A. I think he noticed that there wasn't an air
23 conditioner on the outside of the pool house.
24 MR. KOSS: I don't think I have any more
25 questions. Thank you.
29
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 EXAMINATION
2 MR. THOMAS: I have just a couple.
3 Ryan, my name is Steve Thomas. I'm the attorney
4 for Coldwell Banker.
5 Q. You mentioned this billboard that was in the back
6 yard the one time you visited the property.
7 Do you recall that?
8 A. Yes. It was a --
9 Q. Will you describe it for me?
10 A. It was more of a pop-up poster, I guess, two
11 poster boards with a hinge on top, two stoppers on either
12 end.
13 Q. Okay. Was there something printed on these pages
14 or was something affixed to the pages?
15 A. There was something printed onto the poster, yes.
16 Q. Was this in color or black and white?
17 A. I believe black and white.
18 Q. Approximately what size were the pages?
19 A. Gosh. Poster board maybe the size of four normal
20 computer sheets of paper.
21 Q. Have you ever seen that poster board since?
22 A. No, I haven't.
23 Q. Did you go over and look at what was on this
24 poster board?
25 A. Yes.
30
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 Q. How many sheets of information were on there?
2 A. Just one per side.
3 Q. One per side?
4 A. I believe it was the same information on both
5 sides.
6 Q. Did it have any sketches or drawings?
7 A. I don't recall.
8 Q. You don't recall if it was all just text?
9 A. I don't recall exactly now.
10 Q. Why were you curious as to what was on the poster
11 board?
12 A. Open house, big poster board. Just habit to go
13 over and look at it.
14 MR. THOMAS: Thanks. I don't have anything
15 further.
16 MR. KOSS: Thanks a lot.
17 MR. RALPH SIMPSON: Thank you.
18 (Whereupon, the deposition of RYAN SIMPSON was
19 concluded at 12:03 p.m.)
20 --oOo--
21
22
23
24 DATE RYAN SIMPSON
25
31
DEPOSITION OF RYAN SIMPSON - 11/15/06
1 STATE OF CALIFORNIA )
) ss.
2 COUNTY OF CONTRA COSTA )
3
4
5 I, JANELL SOKOL, CSR, License No. CSR 3443, State of
6 California, do certify:
7 That RYAN SIMPSON, the witness in the foregoing
8 deposition, was by me first duly sworn to testify the
9 truth, the whole truth and nothing but the truth in the
10 within-entitled cause;
11 That said deposition was reported at the time and
12 place therein stated by me, a Certified Shorthand Reporter,
13 and thereafter transcribed into typewriting;
14 I further certify that I am not interested in the
15 outcome of said action, nor connected with, nor related to,
16 any of the parties of said action or to their respective
17 counsel.
18 IN WITNESS WHEREOF, I have hereunto set
19 my hand this day of November, 2006.
20
21 JANELL SOKOL, CSR, CM, License No. 3443,
22 State of California.
23
24
25
32
DEPOSITION OF RYAN SIMPSON - 11/15/06