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Saturday, January 5, 2013

Telling the Truth

Update as of 10-15-2018 -- The case has been dismissed by both parties.  As we have agreed to move forward, the dismissed case will remain confidential.




The Truth Will Set Me Free

In early August of 2012 we had our depositions taken. I was to be deposed for two days. Victor was not required to attend my deposition. He was only required to attend his own. I was shocked when I saw Victor show up to my deposition. I believed that he would not dare see my face again after all the lies he had said about me.

He and his attorney mocked me. Victor would laugh at my answers while I was being deposed. Below there are a few lines from the transcription of my deposition.  Mr. Hakimfar is my wonderful attorney. I am the witness. Mr. Muse is Victor's attorney.

MR. HAKIMFAR: Excuse me, Counsel. Can you ask your client to keep his amusement to himself? It's incredibly disturbing, not only to myself, but to my client.
MR. ALFIERI: I have a cold. 
THE WITNESS: Oh, yeah, he has a cold. 
MR. ALFIERI: I'm sorry, I do have a cold [sarcastically laughing]
MR. HAKIMFAR: But we're in a room with six other people here -- 
MR. MUSE: It's agreed on. 
MR. ALFIERI: I said I'm sorry [sarcastically]
MR. HAKIMFAR: That's fine.

I was asked if I believed Victor had lied when he stated to others that he had never been romantically or sexually involved with me.
Of course he was lying, because we were involved. And that's why I invested the money. He used me. He had sex with me to get the money and then he said that I harassed him, which is horrendous. Only a monster would do that.
As I was saying the last words... "only a monster would do that," I turned and looked at Victor. He looked at me and winked. Unbelievable..... Then he distorted his face to appear like a monster.  

In July 2012, I filed a proposed cross-complaint with detailed allegations and additional causes of action. When asked why I amended my cross-complaint, this is what I answered:

Q. At the time you filed your first cross-complaint did you feel you should not mention these facts?
A. I wanted to protect everyone's name. 
MR. MUSE: I'm going to strike that as not responsive.
Q.  Do you want the question to be read again?
A.  Yes. 
MR. MUSE: Please read the question. (Question read.) 
THE WITNESS: I thought -- I felt that I should not mention the facts. No, that's not correct.
BY MR. MUSE:
Q. What is correct, then? Explain it.
A. I could have mentioned facts, but I wanted to protect some of the people involved and I did not want to mention any names.
Q. I'm not sure I understand. Certain facts that you knew of at the time you filed your cross-complaint are not included in your cross-complaint. Correct?
A. Correct.
Q. They're included in your proposed cross-complaint?
A. Correct.
Q. Okay. As to those facts, why didn't you include them in your first cross-complaint?
MR. HAKIMFAR: Objection; asked and answered.
THE WITNESS: I did not include them because it mentions people specifically and what happened to them specifically, and I was protecting them. 
BY MR. MUSE:
Q. So you refrained from adding these facts to protect the people that they refer to?
A. Correct.
Q. What made you change your mind as to protecting these people?
A. That I should tell the truth.
Q. So at some point you ceased to want to protect them?
MR. HAKIMFAR: Objection; misstates the testimony.
THE WITNESS: I wanted to tell the truth.
MR. MUSE: I'm going to strike that as non responsive.

Telling the truth is not a good reason???? Mr. Muse took my answer as non responsive.
Q. Did you understand the question?
A. Can you repeat it?

MR. MUSE: Go ahead and repeat it. (Question read.)
THE WITNESS: Well, yes.
BY MR. MUSE:
Q. Why did you change your mind about protecting these people?
A. There was nothing to protect from the truth.

Q. Again I'm going to ask the question again. Why did you change your mind as to your desire to protect these people?

A. That's my answer: because when you tell the truth there's nothing to protect. That is my answer.

When you tell the truth... there is nothing to protect.  And that is WHY I am sharing my truth! It is too bad that Mr. Muse does not agree that telling the truth is a good enough reason to do anything. 

MR. MUSE: Strike that as nonresponsive.
Q. Is there something you don't understand about the question?
A. I understand your question and that is my reason. If you don't like my reason then it's not my problem.

Q. I can compel you to give me a correct answer if the answer is not responsive. 
Do you understand that?
A. You're asking for a reason?
Q.   Correct.
A. That's my reason.




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Disclaimer -- As of October 15, 2018, all legal issues have been resolved. This resolution was reached during arbitration. There are no pending issues related to fraud or theft. The resolution was mutually agreeable. There will be no more posts written about this story.














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