Court Drama - Where is the Queen?

FYI from


SUPERIOR COURT OF CALIFORNIA
COUNTY OF ALAMEDA
DEPARTMENT 515
BEFORE THE HONORABLE NIKKI CLARK, COMMISSIONER
---oOo---
YULIA SMYK, )
)
Petitioner, )
)
vs. ) No. HF16838942
)
ANDREI SMYK, )
)
Respondent. )
)
_____________________________________)
REPORTER'S TRANSCRIPT OF PROCEEDINGS
HAYWARD, CALIFORNIA
DECEMBER 3, 2020
PURSUANT TO GOVERNMENT CODE 69954(d)
Any court, party, or person who has purchased a
transcript may, without paying a further fee to the
reporter, reproduce a copy or portion thereof as an exhibit
pursuant to court order or rule, or for internal use, but
shall not otherwise provide or sell a copy or copies to any
other party or person.
Reported by: CORAL COREY, CSR NO. 10699
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CERTIFIED COPY
A P P E A R A N C E S
For the Petitioner: DMITRIY VELIGUROV
Attorney at Law
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Thursday - December 3, 2020
STIPULATION
Commissioner Nikki Clark has been appointed by the
Superior Court of California, Alameda County, to act as a
temporary judge in all matters heard in this department.
All parties and their counsel are deemed to have stipulated
to a commissioner acting as a temporary judge for this
hearing and all future hearings and trials in this case or
any related case, including contempt proceedings, post
judgment matters, unless oral or written objection is made
in open court prior to the commencement of the first
hearing.
P R O C E E D I N G S
THE COURT: Let's go on the record in Smyk versus
Smyk, HF16838942.
PARTY SWORN
THE PETITIONER: Yes, I do.
THE COURT: Can you state your name for the record,
please.
THE PETITIONER: Yulia Smyk.
THE COURT: Thank you. And Counsel?
MR. VELIGUROV: Dmitriy Veligurov from the Law
Office of Matthew Gonsalves on behalf of Petitioner Yulia
Smyk.
THE COURT: Okay. The e-mail that I received,
Counsel, just seems to be a series of payments.
MR. VELIGUROV: There should be three e-mails or
four, I think, because --
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The opening statement:
THE COURT: I only see one. Oh, I see. Hang on a
minute. So the Court is reviewing e-mails between
Petitioner's counsel and the respondent.
There's an e-mail that was sent on December 3rd,
2020 in which Counsel is sending the respondent documents
and the Court's instructions.
There's an e-mail from Respondent to Counsel on
December 2nd, 2020 in which Respondent says, attached are
the records of my transfer activity for this year.
As you can see, I've been making all of my payments
promptly until August. Also, you can see a transfer of
$7600 highlighted which we agreed does cover all of my
missed payments from the prior year which I could not make
due to my loss of employment.
There's an e-mail from Respondent to Counsel on
December 3rd, 2020 saying, here are some ways to communicate
with me, giving a Facebook address.
There's an e-mail from Respondent on December 3rd,
2020 -- oh, an e-mail from Respondent to Petitioner saying,
I've looked over the docs. My understanding is this is all
about money. You will lose the case the same way as you
have lost your attempt to highjack the proceeds from the
sale of the house.
Please forward your lawyer the final judgment of
our divorce. All properties have been divided and the house
stayed with me. You have been receiving $1,000 per month
until the total of 120,000 in price appreciation of the
house and our other assets is paid in full according to the
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???
Today's date:
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agreement, which is on a monthly basis.
There will be no lump sum distribution. I have
kept my obligations, and I do have proof. You are causing
both of us to go through litigation headaches and will gain
nothing. You should be prepared to be responsible for any
attorney's fees. I am warning you that I may file the case
of my own to compensate for time and efforts to go through
all of this for no reason.
Moreover, we have a merit for the case of parental
alienation. You kept my son away from me while I was in
Stockholm. I still do not have this What's Ap number, and I
have repeatedly asked you about it on Skype.
Your claim about $200,000 in E-trade account is
ludicrous. Read your E-trade records. Please stop making a
monster out of me. You should consider yourself lucky.
Your greed has blinded you. Please turn on your brain.
There's an additional e-mail to Counsel from the
respondent -- I'm sorry, from -- yes, Counsel to the
respondent noticing the respondent that there's a hearing
scheduled for 12/3/2020, at 8:30 a.m. pacific standard time
in Department 515 along with the instructions for the remote
appearance. That e-mail was sent December 3rd.
MR. VELIGUROV: So maybe I can clarify for the
Court.
We forwarded -- we sent everything to his initial
e-mail. Then he replied and said, I'm not getting it. Send
it to my other e-mail. So we sent it to his other e-mail
December 2nd because he was complaining that he was not
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Today???
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getting it. We sent it to his other e-mail. Then he
started replying with all of this.
Both e-mails I know are active because he
communicates through both.
THE COURT: All right. So the Court is satisfied
that Respondent did have notice of today's hearing, and the
Court is going to move forward with the request; however,
part of the request or the allegation is that he's
delinquent on his $1,000 a month payments.
Is it still your perspective that he's delinquent?
MR. VELIGUROV: Yes, your Honor, he's delinquent
with a $1,000 a month payment and our concern is he sold the
property.
So our concern is he just took all the money and
now he's traveling and says I'm not working.
So if he's not paying the money, we were hoping to
either get the lump sum payment or have it put in a blocked
account. Because there's no longer an asset to secure that
with because he was --
THE COURT: Well, how do you envision an order like
that would be enforced; I'm just curious.
MR. VELIGUROV: If there's an order for the money
to be put in a blocked account, my understanding is that
money would have to be transferred into a blocked account.
THE COURT: Assuming he voluntarily complies with
the order.
MR. VELIGUROV: True. If he doesn't comply with
the order, the other option would be to -- he did buy a
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When? Dec 3rd or 2nd?
Wow!!!
Wow, you nailed him!!!
Me too?
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second property but it's nowhere near the value of what he
owes.
We would probably end up putting a lien on that
property.
THE COURT: So you're saying as of this date, he's
behind $1,000 in the payments?
MR. VELIGUROV: No. We actually, I believe,
attached some charts. For the home, he's behind on -- one
second -- family residence, he's behind $15,000 as of today.
THE COURT: And so in his e-mails where he shows
all of these payments, the lump sum of $7600, with all of
those payments, you're saying he's still behind $15,000.
MR. VELIGUROV: I believe those payments are for
child support, your Honor. I can double check when he paid
the 76 and where I put it in on the chart. Let me just
double check my charts here.
That was for spousal support, your Honor.
On June 25, 2020, he paid 7600. That was applied
for spousal support payments. He owes $27,506 in spousal
support as of today.
THE COURT: Where are these tables you're referring
to?
MR. VELIGUROV: I believe they were attached to our
request for order. Let me double check on the exhibits.
I've added some numbers just for the current months so --
THE COURT: I don't see the tables you're referring
to.
MR. VELIGUROV: Because we didn't attach them. We
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Jackpot!!!
Two Cashmere Jackets !!!
Double Dip?
Oh, honey!
Triple Dipper?
just put in the calculations. We didn't attach each
individual payment, I believe. One second.
We have the judgment "A". There's Exhibit "B" is
the text message. Okay. We didn't attach the tables. We
just ran them to do the calculation. I never actually
attached it.
THE COURT: So that means he didn't get notice of
the tables either.
MR. VELIGUROV: No. He just got our request for
order saying he owes us money.
THE COURT: So here's what I'm going to ask you to
do, Counsel. I'm going to ask you to update the tables,
file them with the court, serve the respondent.
I'm going to put this matter over so that I can get
the current calculations, and I'm going to order today, so
that respondent gets notice, that unless he brings the
payments current with regard to the house, the payments for
the house, because there are different mechanisms with
regard to the support, and I would highly urge your client
to open a case with Department of Child Support Services so
that they can track and enforce, but the finding and order
after hearing from today should say that the Court orders
that unless Respondent brings current any amounts due with
regard to the equalization payment that's referenced in the
judgment, at the next hearing the Court will make orders for
a lump sum payment, but I don't really know what that number
is.
So I'm also ordering you to file updated tables,
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Did I fuck up?
And Serve the Courtress !!!
Oh, Oh
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and Respondent is invited to file his tables or proof of
payments that he believes you haven't given him credit for
prior to the next hearing.
MR. VELIGUROV: With regard to spousal support and
child support, will the Court continue the matter?
THE COURT: So do I have tables on that?
MR. VELIGUROV: I prepared tables on that as well.
I did not attach them. I just put the sum that was due when
we filed the request for order.
THE COURT: I'm going to order that you file
updated tables with regard to your claim for unpaid child
and spousal support, provide them to Respondent, file them
with the court, and Respondent is ordered to file any
evidence that he believes of payments that he's made that he
does not believe you've given him credit for.
MR. VELIGUROV: Will do.
THE COURT: Let me take a look at the calendar and
see when we can put this back on. I really don't want to go
out too far because I want the tables to be current at the
next hearing, but the calendars are pretty packed.
MR. VELIGUROV: Well, we could always file an
updated table two weeks before the hearing if the Court
would just take that.
THE COURT: So madam clerk, even though the
calendar is locked on 1/25 -- first of all, Counsel, are you
available on 1/25.
MR. VELIGUROV: I believe so. Yes, I am.
THE COURT: All right. Madam clerk, even though
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!!!
I know stupid! Serve the Courtress!!!
Wow! (Applauds)
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that calendar is locked because it's full at this point,
could you unlock it and add this matter.
I'm going to continue this matter, the request for
order that was filed 9/16/2020 to January 25th, 2021 at 8:30
a.m. via Bluejeans.
I'm going to ask that you wait until -- let's see.
Well, the problem with waiting too long is that when you
serve Respondent with the table, he needs to have time to
respond.
So I'm going to ask that you file the updated
tables no later than January 4th, 2021 and serve Respondent.
I'm going to order that you serve Respondent at the
two e-mail addresses that you're aware of, and then
Respondent is ordered to file any evidence that he has that
indicates your tables are incorrect, by January 18th, 2021,
and that evidence is going to have to be fax filed to insure
that it makes it into the court's records, or additionally,
he can provide you directly with the evidence that he
believes shows that your numbers are incorrect.
He can do one of those two things, and then the
Court will take up the matter on January 25th, 2021 at 8:30
a.m. in this department.
I do want you to write a finding and order after
hearing quickly so that it can get approved and you can
serve him with it so he understands what's going on.
MR. VELIGUROV: I will do that, and I will send him
a draft as well to approve as to form and content.
THE COURT: Well, he wasn't at the hearing, so
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ha, ha?
Wow, exactly 7 days apart ?!
Really?
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that's not really necessary. You can send it directly to
the court.
MR. VELIGUROV: So no 20-day waiting period?
THE COURT: No, no. Just draft the finding and
order after hearing and send it in.
MR. VELIGUROV: Okay. Will do.
THE COURT: All right. Thank you, Counsel.
It's important that you get this done as quickly as
possible so the order can get entered, and you can serve him
with a copy of it.
MR. VELIGUROV: Will do today.
Thank you, your Honor.
THE COURT: All right. See you back in January.
Thank you.
MR. VELIGUROV: Thank you.
---oOo---
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Did you mean YOU STUPID FUCK!!! ???
COURT REPORTER'S CERTIFICATE
I, CORAL COREY, CSR No. 10699, do hereby certify that
I am a Certified Shorthand Reporter of the Superior Court in
and for the County of Alameda, State of California, and that
as such I reported the proceedings had in the foregoing
matter at the time and place set forth herein;
That my stenographic notes of said proceedings were
transcribed into typewriting by me and that the foregoing
pages constitute a full, true and correct transcription of
said notes taken at the aforementioned time and place to the
best of my ability.
IN WITNESS WHEREOF, I have hereunto subscribed my name
this Tuesday, April 20, 2021.
____________________________
CORAL COREY
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