Case 2:10-cv-09198-JVS -RNB Document 361-6 Filed 12/12/12 Page1of6 Page ID #:16394
1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION
JOYCE WALKER, KIM BRUCE 5 HOWLETT, and MURIEL SPOONER,
on behalf of themselves and
) ) ) ) 6 all others similarly situated, ) ) 7 Plaintiffs, ) ) 8 vs ) No. CV 10-9198-JVS (RNBx) ) 9 LIFE INSURANCE COMPANY OF ) THE SOUTHWEST, a Texas ) 10 corporation, and DOES 1-50, ) ) 11 Defendants. ) ) 12 ) 13 14 15 DEPOSITION OF JOYCE WALKER 16 San Francisco, California 17 Friday, January 27, 2012 18 Volume I 19 20
21 Reported by: GINA GLANTZ
22 CSR No. 9795, RPR, RMR 23 JOB No. 131931 24
25 PAGES 1 —- 244
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Case 2:10-cv-09198-JVS -RNB Document 361-6 Filed 12/12/12 Page2of6 Page ID
#:16395 1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 2 SOUTHERN DIVISION 3 4 ) JOYCE Walker, KIM BRUCE ) 5 HOWLETT, and MURIEL SPOONER, ) on behalf of themselves and ) 6 all others similarly situated, ) ) 7 Plaintiffs, ) ) 8 vs. ) No. CV 10-9198-JVS (RNBx) ) 9 LIFE INSURANCE COMPANY OF ) THE SOUTHWEST, a Texas ) 10 corporation, and DOES 1-50, ) ) 11 Defendants. ) ) 12 ) 13 14 15 Deposition of JOYCE WALKER, Volume I, taken on 16 behalf of Defendant Life Insurance Company of the 17 Southwest, at 101 California Street, Suite 2300, San 18 Francisco, California, beginning at 9:07 a.m. and ending 19 at 7:10 p.m., on Friday, January 27, 2012, before GINA 20 GLANTZ, Certified Shorthand Reporter No. 9795. 21 22 23 24 25 Page 2
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#:16396
1 APPEARANCES:
2
2 For Pilaincit is:
4 KASOWITZ, BENSON, TORRES & FRIEDMAN, LLP 5 BY: CHARLES N. FREIBERG
6 BY JEANETTE T. BARZELAY
7 BY: BRIAN P. BROSNAHAN
8 Attorneys at Law
9 101 California Street, Suite 2300
10 San Francisco, California 94111
Ld (415) 421-6140
12 cfreiberg@kasowitz.com
3 jbarzelay@kasowitz.com
14 bbrosnahan@kasowitz.com
15
16 For Defendant Life Insurance Company of the Southwest: 17 WILMER CUTLER PICKERING HALE AND DORR LLP 18 BY: JONATHAN A. SHAPIRO
19 BY: JOEL FLEMING 20 Attorneys at Law 21 950 Page Mill Road 22 Palo Alto, California 94304 23 (650) 858-6000 24 jonathan.shapiro@wilmerhale.com Poe. joel.fleming@wilmerhale.com
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1 APPEARANCES (Continued):
2 For Defendant Life Insurance Company of the Southwest: 3 WILMER CUTLER PICKERING HALE AND DORR LLP
4 BY: JAMES T. LUX
5 Attorney at Law
6 60 State Street
7 Boston, Massachusetts 02109
8 (617) 526-6000
9 james.lux@wilmerhale.com
LO
11 Also Present:
12 ROBERT S. BURKE, National Life Group
24
rae
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25
#:16398
Q Mr. Burgess answered that question also in item number 2, this time in the e-mail that he sent to you later that day; correct?
A Yes.
Q Did Mr. Burgess say that he certainly would name Preservation Financial and their actions in the complaint?
A Yes.
Q Looking at the last line of that sentence, did
Mr. Burgess tell you that "there are times that the
insurer will ask the agent to put some money in, but I
simply want to get your money back"?
A Yes, he simply wanted me to he wanted to get my money back, yes.
Q Did Mr. Burgess tell you, quote, "I don't care where it comes from," period, close quote?
A Yes.
Q At the time you filed the complaint with the State
of California, did you personally care where the money
comes from? A Well, the insurer was LSW, so it does make sense that that's where it would be coming from. Q Okay. Fair enough, Mrs. Walker -—- strike that —- fair enough, Ms. Walker. Please listen carefully to the question. At the
time you filed the complaint with the California
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#:16399
1 Department of Insurance, did you personally care where the 2 money comes from?
3 MR. FREIBERG: Okay, I'll object to the question
4 on the grounds that it's asked and answered. I'll also
5 object to the tone of the question. Any more questions
6 with that kind of a tone and we'll end the deposition.
7 T'll instruct the witness not to answer the question. She 8 previously answered the question.
9 (Instruction not to answer.)
10 MR. SHAPIRO: She did not answer the question.
11 MR. FREIBERG: I've instructed her not to answer. 12 And, once again, the tone that you're using to ask the
13 question is completely improper. A judge wouldn't allow 14 you to use that tone, and you asked her the same question 15 twice. She's answered the question.
16 MR. SHAPIRO: I'm being very polite and my tone is 17 very polite and -—-
18 MR. FREIBERG: And you've asked the question and 19 she answered it. 20 MR. SHAPIRO: If the court reporter would read 21 back the question. 22 Q Please listen carefully to the question and then, 23 as we discussed at the beginning, if you understand the 24 question, I'd like you to answer it. 25 (Record Read.)
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