SUPERIOR COURT OF CALIFORNIA
COUNTY OF HUMBOLDT
NO. DR 050841
. . .
Steven Wolff and Sharon Wolff,
as individual taxpayers residing
in the City of Rio Dell and the
Concerned Taxpayers of Rio Dell,
an unincorporated association of
individual taxpayers residing
in the City of Rio Dell, all ex rel.
the City of Rio Dell,
Plaintiffs and Petitioners,
vs.
City of Rio Dell, the City Council of
Rio Dell and its individual members
and Jay Parrish, individually
and in his capacity as Acting City
Manager,
Defendants and Respondents.
______________________________________/
D E P O S I T I O N
O F
JAY PARRISH
. . .
MONDAY, MAY 8, 2006
. . .
11:10 A.M.
. . .
VALERIE WALKER, CSR #7209
1 A P P E A R A N C E S
2
3 FOR THE PLAINTIFFS:
4 HARLAND LAW FIRM LLP
BY: RICHARD SMITH, ESQ.
5 622 H Street
Eureka, CA 95501
6 (707) 444-9281
7
8 FOR DEFENDANT PARRISH:
9 LOZANO SMITH
BY: THOMAS E. GAUTHIER, ESQ.
10 1107 Ninth Street
Sacramento, CA 95814-3607
11 (916) 329-7433
12
13 FOR DEFENDANT WOODALL:
(Telephone Appearance.)
14
OLSON, HAGEL & FISHBURN
15 BY: RICHARD MIADICH, ESQ.
555 Capitol Mall, Suite 1425
16 Sacramento, CA 95814
(916) 442-2952
17
18 ALSO PRESENT:
19 Steven Wolff
20
21
22
23
24
25
2
1 I N D E X
2
3 EXAMINATION PAGE
4 By Mr. Smith 5
5
6
7 EXHIBITS DESCRIPTION PAGE
8 1 Notice of Taking Deposition
of Jay Parrish on Oral
9 Examination and for Production
of Writings and Other Tangible
10 Things 5
11 2 Packet of Bates Stamped documents
01 through 34 5
12
3 Packet of Documents, Exhibits to
13 Deposition of Bud Leonard 5
14
15
16
17
18
19
20
21
22
23
24
25
3
1 SUPERIOR COURT OF CALIFORNIA
2 COUNTY OF HUMBOLDT
3 CASE NO. DR 050841
4 . . .
5 Steven Wolff and Sharon Wolff,
as individual taxpayers residing
6 in the City of Rio Dell and the
Concerned Taxpayers of Rio Dell,
7 an unincorporated association of
individual taxpayers residing
8 in the City of Rio Dell, all ex rel.
the City of Rio Dell,
9 Plaintiffs and Petitioners,
10 vs.
11 City of Rio Dell, the City Council of
Rio Dell and its individual members
12 and Jay Parrish, individually
and in his capacity as Acting City
13 Manager,
Defendants and Respondents.
14 ______________________________________/
15 Be it remembered that pursuant to notice, and on
16 MONDAY, MAY 8, 2006, commencing at the hour of 11:10
17 a.m. thereof, at the offices of Harland Law Firm,
18 622 H Street, Eureka, California, before me, Valerie
19 Walker, Certified Shorthand Reporter Number 7209 for the
20 State of California, personally appeared
21 JAY PARRISH,
22 a defendant in the above-entitled action, called by the
23 Plaintiffs, who, after having been duly sworn to testify
24 to the truth, the whole truth and nothing but the truth,
25 was interrogated and examined in said cause.
4
1 EUREKA, CALIFORNIA; MONDAY, MAY 8, 2006
2 11:10 A.M.
3 . . .
4
5 (Deposition Exhibits 1 through 3
6 were marked for identification.)
7
8 JAY PARRISH,
9 having been duly sworn, testified as follows:
10
11 BY MR. SMITH:
12 Q. Mr. Parrish, I'm going to show you what's been
13 marked as Exhibit 1 for your deposition. This is the
14 notice of your deposition. Have you seen this before?
15 A. Yes.
16 Q. This requires you to bring certain documents
17 identified under A through G on page 2. Do you see
18 that?
19 A. Yes.
20 Q. Have you brought any documents with you?
21 MR. GAUTHIER: Objection. I'm going to
22 instruct the witness not to answer based on his
23 privilege against self-incrimination, Evidence Code
24 section 940.
25 ///
5
1 BY MR. SMITH:
2 Q. And Mr. Parrish, is that true?
3 A. Yes.
4 Q. You're asserting a privilege?
5 A. Yes.
6 MR. SMITH: Counsel, just so that I know, is
7 this going to be an assertion of privilege throughout
8 the deposition generally?
9 MR. GAUTHIER: Not completely. Generally,
10 yes.
11 BY MR. SMITH:
12 Q. Mr. Parrish, at one point you were elected to
13 the City Council in the City of Rio Dell, true?
14 A. Yes.
15 Q. When was that?
16 A. I think it was November 5th, 1998.
17 Q. And you served continuously from that date for
18 a period of time coming forward, true?
19 A. That's true.
20 Q. When did your position as a member of the City
21 Council come to an end?
22 MR. GAUTHIER: Objection. Instruct the
23 witness not to answer; Evidence Code section 940
24 privilege.
25 MR. SMITH: I was next going to ask the
6
1 witness to identify a document as his letter of
2 resignation. Let me get that.
3 (A recess was taken.)
4 BY MR. SMITH:
5 Q. I'd like to have you look at page 12 of
6 Exhibit 2, please.
7 This is a document that you signed?
8 MR. GAUTHIER: Objection. Instruct the
9 witness not to answer; Evidence Code section 940
10 privilege.
11 BY MR. SMITH:
12 Q. Do you recall interviewing for the position of
13 City Manager or Interim City Manager?
14 MR. GAUTHIER: Same objection and instruction.
15 BY MR. SMITH:
16 Q. Do you recall being offered the position of
17 City Manager or Interim City Manager?
18 MR. GAUTHIER: Same objection and instruction.
19 BY MR. SMITH:
20 Q. Just so the record is clear, Mr. Parrish, are
21 you asserting your privilege on the last two questions?
22 A. Yes.
23 Q. On August 15th -- on or about August 15th, did
24 you submit a resignation from your position on the City
25 Council of the City of Rio Dell?
7
1 MR. GAUTHIER: Objection. Instruct the
2 witness not to answer; Evidence Code section 940
3 privilege.
4 BY MR. SMITH:
5 Q. Are you asserting that privilege, Mr. Parrish?
6 A. Yes.
7 Q. Now, on page number 16 of Exhibit 3, do you
8 have that in front of you, sir?
9 A. You say sixteen?
10 Q. Page 16 of Exhibit 3. Look in the upper
11 right-hand corner.
12 A. Okay.
13 Q. Does your signature appear on this page?
14 MR. GAUTHIER: Objection. Instruct the
15 witness not to answer; Evidence Code section 940
16 privilege.
17 BY MR. SMITH:
18 Q. Do you assert that privilege, sir?
19 A. Yes.
20 Q. Are you currently serving as Interim City
21 Manager for the City of Rio Dell?
22 MR. GAUTHIER: Objection. Instruct the
23 witness not to answer; Evidence Code section 940
24 privilege.
25 ///
8
1 BY MR. SMITH:
2 Q. Mr. Parrish, are you asserting the privilege?
3 A. Yes.
4 Q. The privilege against self-incrimination?
5 A. Yes.
6 Q. Prior to July 17th of this year did you have
7 any discussions with Bud Leonard about the position --
8 the topic of which concerned the position of City
9 Manager for the City of Rio Dell?
10 MR. GAUTHIER: Objection. Instruct the
11 witness not to answer; Evidence Code section 940
12 privilege.
13 BY MR. SMITH:
14 Q. Are you asserting your privilege against
15 self-incrimination, Mr. Parrish?
16 A. Yes.
17 Q. Mr. Parrish, what is your current business,
18 profession or occupation?
19 MR. GAUTHIER: Objection. Instruct the
20 witness not to answer; Evidence Code section 940
21 privilege.
22 BY MR. SMITH:
23 Q. Mr. Parrish, are you asserting your privilege
24 against self-incrimination?
25 A. Yes.
9
1 MR. SMITH: Thank you, Mr. Parrish. I have
2 nothing further.
3 MR. GAUTHIER: No questions.
4 Mr. Miadich?
5 MR. MIADICH: Nothing here.
6 (The deposition was concluded at 11:20 a.m.)
7 . . .
8
9 I hereby certify under penalty of perjury that the
10 foregoing is true and correct.
11 Executed this day of , 2006,
12 at .
13
14
15 JAY PARRISH
16
17
18
19
20
21
22
23
24
25
10
1 STATE OF CALIFORNIA )
) ss.
2 COUNTY OF HUMBOLDT )
3 I, Valerie Walker, CSR No. 7209, a Certified
4 Shorthand Reporter of the State of California, hereby
5 certify that the witness in the foregoing deposition was
6 by me duly sworn to testify to the truth, the whole
7 truth and nothing but the truth in the within-entitled
8 cause; that said deposition was taken at the time and
9 place therein stated; that the testimony of the said
10 witness was reported by me and was thereafter
11 transcribed under my direction into typewriting; that
12 the foregoing is a full, complete and true record of
13 said testimony; and that the witness was given an
14 opportunity to read and correct said deposition and to
15 subscribe the same. Should the signature of the witness
16 not be affixed to the deposition, the witness shall not
17 have availed himself of the opportunity to sign or the
18 signature has been waived.
19 I further certify that I am not of counsel or
20 attorney for either or any of the parties in the
21 foregoing deposition and caption named, or in any way
22 interested in the outcome of the cause named in said
23 caption.
24
25 ______________________________
Certified Shorthand Reporter
11
Back to
or
