THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
rod@welchco.com


S U M M A R Y


DIARY: April 20, 2000 09:00 AM Thursday; Rod Welch

Jury duty Superior Court, rent control case.

1...Summary/Objective
2...Arrived at Court and Signed In
3...Plaintiff's 2nd Witness
4...Plaintiff's 3rd Witness
5...Plaintiff's 2nd Witness Cross Examined
6...Plaintiff's 4th Witness


..............
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CONTACTS 

SUBJECTS
Jury Duty                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
0503 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0503 -    ..
0504 - Summary/Objective                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
0505 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
050501 - Follow up ref SDS 24 0000, ref SDS 23 0000.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
050502 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050503 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050504 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050505 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050507 -  ..
0506 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0507 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0508 - Administration                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
050901 -  ..
050902 - Arrived at Court and Signed In                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050903 - 
050904 - Follow up ref SDS 24 0482, ref SDS 23 0482.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
050905 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050906 - Juror ID:  200310516                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
050908 -  ..
050909 - Juror Group:  213                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
050910 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050911 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050912 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050914 -  ..
050915 - Plaintiff's 2nd Witness                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
050916 - 
050917 - Follow up ref SDS 24 0894                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050918 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050919 - Susan Wilbert.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
050920 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050921 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050923 -  ..
050924 - Plaintiff's 3rd Witness                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
050925 - 
050926 - Coale Johnson.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
050927 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050928 - He is subpenaed                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050930 -  ..
050931 - General Contractor, since 1984.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050933 -  ..
050934 - He knows Suanne Gervich, he has performed work for her.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
050936 -  ..
050937 - He did work at 3880 Sacramento Street.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
050939 -  ..
050940 - He did small repairs.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
050942 -  ..
050943 - House was furnished when he did his work.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
050945 -  ..
050946 - He cannot recall when she was going to sell Sacramento property.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
050948 -  ..
050949 - He reviews Chestnut street exhibit.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
050951 -  ..
050952 - Balser walked him through the project, after they bought the                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
050953 - property.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
050955 -  ..
050956 - He gave them an estimate of improvements in May 1998.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
050958 -  ..
050959 - He does not remember what Balser said, but the scope of work was to                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
050960 - remodel the kitchens and bathrooms.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
050962 -  ..
050963 - He did the remodeling - front units and first level in the back.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
050965 -  ..
050966 - Looked at general conditions.  Joined breakfast room with kitchen,                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
050967 - took out a wall.  This was remodeling.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
050969 -  ..
050970 - New cabinets, fixtures.  Bathroom, new tile, fixtures.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
050972 -  ..
050973 - Purpose was update the units, bring them out of the 1920s.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
050975 -  ..
050976 - Floors need refinishing and patching because of radiator damage, and                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
050977 - use over the years.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
050979 -  ..
050980 - Cracks in ceilings, old plaster.  In kitchens and baths, they did                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
050981 - sheetrock.  Elsewhere they repainted.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
050983 -  ..
050984 - Looks at pictures, feels they are not representative of overall                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
050985 - condition.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
050987 -  ..
050988 - Needed electrical changes, plugs that had been installed illegally by                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
050989 - tenants.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
050991 -  ..
050992 - Initial contract was $85K to do work in all 6 units.  Only did 4                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
050993 - units, but extras were added.  Finally paid about $120K total.  Last                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
050994 - bill was in early 1999.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
050996 -  ..
050997 - He spoke to Ms. Gervich.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
050999 -  ..
051000 - All units remodeld the same.  Gervich's place, unit 4 was done in any                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
051001 - special manner.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051003 -  ..
051004 - This was not high-end remodeling.  It was basic apartment quality                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
051005 - construction.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
051007 -  ..
051008 - He could not do the work on all 6 units, because two units were                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051009 - occupied.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
051011 -  ..
051012 - Balser advised he was trying to get the tenants to move so the other                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
051013 - units could be remodeled, but this was not accomplished.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
051015 -  ..
051016 - He spoke most often with Balser.  Balser made decisions about what                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
051017 - work was to be performed.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
051019 -  ..
051020 - Plaintiff ends questioning.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
051021 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051022 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051023 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051024 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
0511 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0512 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0513 - 0944 Cross Examination                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
0514 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
051402 -  ..
051403 - He was contacted by Bravo late Friday night.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
051405 -  ..
051406 - Big tall guy delivered subpena.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051408 -  ..
051409 - Counsel examines subpena.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
051411 -  ..
051412 - There are two subpenas.  Counsel enters them as evidence.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
051413 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051414 -    Page 2, Exhibit E.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
051415 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051416 -    Page __,  Exhibit F                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
051418 -  ..
051419 - He called phone number, Bravo's number.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
051421 -  ..
051422 - Bravo called the next day on Saturday.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
051424 -  ..
051425 - Bravo told Johnson - he wanted witness fees.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
051427 -  ..
051428 - Bravo asked to visit Johnson house and examin his files.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
051430 -  ..
051431 - Bravo visited Johnson on Sunday at 1230 for about 60 minutes.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
051433 -  ..
051434 - He printed some documents for Bravo, that were in his computer.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051435 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051436 -       10 pages of initial estimate and billings.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
051437 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051438 -       Bravo asked same questions on Sunday that have been asked                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051439 -       today.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
051441 -  ..
051442 - Group exhibit Defendant's C - a bunch of documents.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
051443 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051444 -      Invoics and estimate.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
051446 -  ..
051447 - Shows documents to plaintiff's counsel.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
051449 -  ..
051450 - Witness looks at exhibit and recognizes as his billing on 2530                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
051451 - Chestnut job.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
051453 -  ..
051454 - He is owner of CRJ Construction Company.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
051455 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051456 -    Was not responsible for buying the cabinets.  Did not install                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
051457 -    granite countertops.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
051458 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051459 -    New buzzer and intercom for security.  There was no security                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051460 -    system.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
051462 -     ..
051463 -    No adequate hot water system.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
051465 -     ..
051466 -    Boiler needed work.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
051468 -     ..
051469 -    Boiler was not up to code because it did not have the valves                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051470 -    required for safety.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
051472 -     ..
051473 -    Removed boiler room because it was not longer needed, and this                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
051474 -    added space in the back yard.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
051476 -     ..
051477 -    Removed all radiators and installed new heaters.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
051479 -     ..
051480 -    All old radiators systems leak.  They get too hot and blow pressure                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
051481 -    off, this damages the floors.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
051483 -     ..
051484 -    Old radiators can last forever is properly maintained.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
051486 -     ..
051487 -    He saw no evidence that radiators or boiler had been maintained.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
051489 -     ..
051490 -    Warped flooring, peeling paint, some damage to ceilings, old                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051491 -    cracked plaster.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
051493 -     ..
051494 -    Found dry rot, where wood get wet and deteriorates, and termites                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
051495 -    under the building.  Fairly extensive.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
051497 -     ..
051498 -    It was in framing in front of building.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
051500 -     ..
051501 -    City Building ispector, electrical and plumbing inspectors.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
051503 -     ..
051504 -    Did not require any work, inspected remodeling.  Got it inspected.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
051506 -     ..
051507 -    Header had to be installed shore up the house.  It was a beam 6 x                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
051508 -    12 beam, garage door and over the alley.  They had to do some                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
051509 -    shoring.  It was structural repair.  It was required by law to                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
051510 -    make the change, once they did the investigation, and discovered                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
051511 -    the problem.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051513 -     ..
051514 -    Windows were falling apart.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
051516 -     ..
051517 -    He smelled gas, stoves leaked, presented serious hazard.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
051519 -     ..
051520 -    Wood was separating and dried out.  Building had not been painted,                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
051521 -    and maintained.  Windows were painted shut.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
051523 -     ..
051524 -    Back stairs were in bad shape.  Loose, rot, kept having to screw                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
051525 -    one stair so it was safe for workers.  Stairs needed repair.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051527 -     ..
051528 -    Stair was later replaced.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
051530 -     ..
051531 -    Work began 980601 and completed oa 990101.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
051533 -     ..
051534 -    Stucco was mostly okay.  Had to fix some, but a lot of it was                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
051535 -    removed to facilitate doing other work.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
051536 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051538 -  ..
051539 - Cross examination completed                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
051540 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
0516 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0517 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0518 - 1043                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
0519 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
051902 -  ..
051903 - Plaintiff re-direct                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
051905 -  ..
051906 - Exhibit C has total of the billings.  $120K                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
051908 -  ..
051909 - Kitchen and bath work was $85K estimate.  $60K was actually spent.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
051911 -  ..
051912 - Other work therefore cost $60K.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051914 -  ..
051915 - Painting could be $6OK by others.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
051917 -  ..
051918 - Hardwood floors by others, could be another $30K.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
051920 -  ..
051921 - Owner provided cabinets and counter tops at $7500 per unit.  $50K                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
051923 -  ..
051924 - Provided a lot of fixtures.  $20K                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
051926 -  ..
051927 - Owner did a lot of work in back yard.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
051929 -  ..
051930 - Roof work about $20K.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
051932 -  ..
051933 - Plaintiff marks two documents Exhibits 19a and 19b.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
051935 -  ..
051936 - Witness says estimate of $8500 is too low for the job.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
051938 -  ..
051939 - Plaintiff marks Exhibit 20 a, b, c, d.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
051941 -  ..
051942 - Hardwood floor estimate repairs about $4,000.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
051944 -  ..
051945 - Boiler provides hot water for bath and kitchen, and it provides heat                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
051946 - for radiators.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
051948 -  ..
051949 - Boilers have valves and guages have to be repaired.  $2K to fix                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051951 -  ..
051952 - Asbestos posed safety problem.   $2K to fix                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
051954 -  ..
051955 - Installed siding in light well of stair.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
051957 -  ..
051958 - Balser didn't like the initial heaters they bought, so they changed                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
051959 - them.  He wanted recessed heaters.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
051961 -  ..
051962 - Cost to repair dry rot was about $25K.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
051964 -  ..
051965 - Contractor left the job because Balser hired another contractor to fix                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
051966 - the back stairs, so Johnson quit.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
051968 -  ..
051969 - His crew showed up to do the stair work, and found another crew                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051970 - working.  He feels the other contractor may have been hired because                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
051971 - the cost was cheaper.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
051972 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051974 -  ..
051975 - Direct examination completed                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
051976 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
051977 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
0520 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0521 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0522 - 1157                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
0523 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
052302 -  ..
052303 - Lunch                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
052304 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
0524 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0525 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0526 - 1330                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
052701 -  ..
052702 - Plaintiff's 2nd Witness Cross Examined                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
052703 - 
052704 - Follow up ref SDS 24 0894                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
052705 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
052706 - Susane Wilbert.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
052708 -  ..
052709 - Born 661213.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
052711 -  ..
052712 - Graduated Redwood HS 1985 in Larkspur.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
052714 -  ..
052715 - She graduated from college in 1989 degree in International Relations.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
052717 -  ..
052718 - She moved to Heidelberg, Germany for US DOD.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
052720 -  ..
052721 - First job was management assistant for DOD.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
052722 - ..
052723 - She worked for DOD until 1994.
052725 -  ..
052726 - Arms control specialist for DOD.  She got OJT.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
052728 -  ..
052729 - Her ex-husband was an airforce maintenance.  He got a job in Georgia,                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
052730 - so they moved there.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
052732 -  ..
052733 - Lived in Riverdale for 6 months.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
052735 -  ..
052736 - In 1994 her marriage failed, so she moved home with her parents for 3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
052737 - months.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
052739 -  ..
052740 - She did not pay rent when she lived at home.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
052742 -  ..
052743 - She looked for an apartment for 2 months and found a place on                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
052744 - Divisdero and Bay street.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
052746 -  ..
052747 - She paid $800 per month for a studio.  She thought the price was too                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
052748 - high based on experience living in Germany and Georgia.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
052750 -  ..
052751 - She was looking at studios.  She wanted to pay $800 - $1000 per                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
052752 - month in 1994.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
052754 -  ..
052755 - She learned about rent control when her family wanted to purchase                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
052756 - the building at Chestnut Street.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
052758 -  ..
052759 - January 1997 her family wanted to buy the building the defendant                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
052760 - ultimately purchased.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
052762 -  ..
052763 - She moved into Chestnut Street #4 on January 1995.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
052765 -  ..
052766 - Brother moved to 2490 Chestnut street.  Susan moved to Filbert                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
052767 - Street, then later moved to same location as brother, which is a few                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
052768 - blocks from where they were located at Defendant's building.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
052769 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
052771 -  ..
052772 - Defendant's cross examination ends                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
052774 -  ..
0528 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0529 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0530 - 1336                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
0531 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
053101 - Plaintiff re-direct                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
053102 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053103 - Plaintiff says she would still be in the prior residence if she had                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
053104 - not been evicted.  But she met a boy friend, and she is living with                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
053105 - him.  She got a job at another location that pays $90K, and so moved                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
053106 - there.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
053107 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053108 -     [On 000437 plaintiff argues defendant's past practice of fixing up                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
053109 -     properties and selling them support a finding that defendant's                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
053110 -     intent was to do the same at Chestnut, rather than live there; but                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
053111 -     does not want this standard applied to plaintiff in evaluating                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
053112 -     intent to remain for 20 years. ref SDS 26 0783                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
053114 -  ..
053115 - Plaintinff concludes re-direct                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
053116 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053117 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
0532 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0533 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
0534 - 1435                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
053501 -  ..
053502 - Plaintiff's 4th Witness                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
053503 - 
053504 - John Samson.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
053505 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053506 - Exhibit 21  ciriculum vitia                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
053508 -  ..
053509 - Appraisal of real property for over 30 years, and manages properties.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
053511 -  ..
053512 - Real estate brokers license.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
053514 -  ..
053515 - He was probate _____ for 20 years until 1989.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
053517 -  ..
053518 - He can estimate losses of tenants who have lost residence for rent                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
053519 - control units.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
053521 -  ..
053522 - He has represented both landlords and tenants.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
053524 -  ..
053525 - He was editor for Calif estate tax referees and appraisers.  He has                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
053526 - co-authored articles and books.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053528 -  ..
053529 - Since rent control went into effect in 1979 he has testified in cases                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
053530 - of damages and rental value issues and unlawful evictions, about 24 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
053531 - 36 times.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
053533 -  ..
053534 - Voir Dire by Defendant's Counsel                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
053536 -  ..
053537 - He has testified in court 30 - 40 times.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
053539 -  ..
053540 - He has testified in court about 5 times on damages suffered from                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
053541 - eviction under SF rent control.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053543 -  ..
053544 - He cannot provide names of any cases.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
053546 -  ..
053547 - His hourly rate is $300 at 3 hours, $900, plus preparatory expenses.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
053549 -  ..
053550 - Court accetps witness as expert.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
053552 -  ..
053553 - He reviewed deposition of Gerovich, Balser, accounting numbers of the                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
053554 - estate, documents he developed, SF Chronlicle ads for apartments, and                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
053555 - other information for rental properties.  He reviewed WSJ for rate on                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
053556 - governemnt bonds.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
053558 -  ..
053559 - He was asked to form an opinion on economic damages resulting from                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
053560 - evicion from apartment on Chestnut Street on Feb 1998.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
053562 -  ..
053563 - He was asked to determine change in value of apartment building at                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
053564 - Chestnut Street, as a result of eviction.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
053566 -  ..
053567 - Range of rent for plaintiff's apartment at Chestnut street could have                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
053568 - been from $1,700 to $1,900 in March 1998.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
053569 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053570 -     Living room looks at Palace of Fine Arts, and Golden Gate bridge.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
053572 -  ..
053573 - Plaintiff had no rent increase from Sep 1995 to March 1998.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
053575 -  ..
053576 - This generated "banked" rent increase as of date of eviction.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
053578 -  ..
053579 - Rents can go up 1% per year.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
053580 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053581 -            [On 000421 0900 judge asks witness Sampson questions to                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
053582 -            clarify calculation of damages. ref SDS 25 RP5H                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
053584 -  ..
053585 - Rent would have been $820 in Sep 1998; could not charge market rates                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
053586 - of $1,800 because of rent control.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
053588 -  ..
053589 - He used difference between market rate of $1,800 and $820 what she                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
053590 - was paying, is her damage = $1K per month, he says $977, plus the                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
053591 - cost of moving.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053593 -  ..
053594 - Rent control cannot arbitrarily evict a tenant.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053596 -  ..
053597 - Taxes go up when a building is sold.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
053599 -  ..
053600 - Rent effects value of property based on 10% capitalization method, or                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
053601 - gross rent multiplier (GRM) of 10 - 12.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
053603 -  ..
053604 - Calculated perspective period of occupacy.  He asked plaintiff how                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
053605 - long she would live in the building.  She told him she expected to                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
053606 - live in the apartment for 20 years.  He calculated damages for 20                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
053607 - years.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
053609 -  ..
053610 - He did not form an opinion on how long plaintiff would live at the                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
053611 - residence.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
053613 -  ..
053614 - He made an error in his chart.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
053616 -  ..
053617 - Damages are slightly undervalued because of when he applied the next                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
053618 - rent increase from base value.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
053620 -  ..
053621 - He grows market value of rental rate year by year, and this                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
053622 - differential will exceed allowable rent increase, because the base                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
053623 - rent is greater.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
053625 -  ..
053626 - Damages in 60th month cum is $61K adjusted by present value is $52K.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
053628 -  ..
053629 - He used present value discount of 7%.  He is mixed up trying to                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053630 - explain this, but everybody is mixed up on this subject.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
053632 -  ..
053633 - He did not add interest on past damages, but he discounts future                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
053634 - damages based on net present value.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
053636 -  ..
053637 - He calculated damages at end of 15 years and also 20 years.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
053639 -  ..
053640 - He knows of tenants who stay in an apartment for 15 - 20 years.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053642 -  ..
053643 - Increase in value of property as a result of the eviction.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
053645 -  ..
053646 - Value of eviction is $243K  $1,600 per month x 12 months.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
053648 -  ..
053649 - He adjusted $268K based on 1/6th cost of improvements.  He understood                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
053650 - the building had $150K of improvements.  He says he cannot make an                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
053651 - adjustment if actual improvements were $350K.  After some discussion,                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
053652 - he says it can be adjusted.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       
053654 -  ..
053655 - He is mixed up again.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             
053657 -  ..
053658 - Finally says it is $210K.  He says this does not directly relate to                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
053659 - the value of the building.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
053661 -  ..
053662 - He says mere spending of investing to fix up a building does not                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  
053663 - improve market price of a building.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
053664 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053665 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053666 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
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053668 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
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053678 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
053679 -                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
0537 -