HomeMy WebLinkAboutMiscellaneous Correspondence 1998-8-11
.'
JOHN l. LUVAAS
RALPH F. COB8
JOE B. RICHARDS
ROBERT H. FRASER
J. DOMINIC MONAHAN I
VARNER JAY JOHNS III
LOUIS l. KURTZ
JOEL S. DEVORE
LU.AS, COBB, RICHARDS & FRAS.P. C.
ATTORNEYS AT LAW
777 HIGH STREET, SUITE 300
EUGENE, OREGON 97401,2787
t Inactive
Also Member of District
of Columbia Bar
MAILING ADDRESS
P,O, BOX 10747
EUGENE, OREGON 97440,2747
(541) 484,9292
FACSIMILE (541) 343,1206
August 11, 1998
Dave Puent
City of Springfield
225 Fifth Street
Springfield, OR 97477
RE: David DeLong
Dear Dave:
DONALD E. JOHNSON
RODNEY B. CARTER
GREGORY E. SKILLMAN
JAMES W. KEMPER
DANNA C. BRABENDER
l P. REBECCA KAMITSUKA
DA vIa A. JACOBS
DAVID W. SMILEY
CONNIE L. SPECK
ROBERT l. SHAW 1934-1990
I Also Member of Washington Bar
(
Enclosed are excerpts from the David DeLong deposition taken on April 10, 1998 in the case
filed against Yu Enterprises and Edward Yu,
Sincerely,
;J- ~K~~j;4-
p, REBECCA KAMITSUKA
dmt
Enc,
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Caption 1
IN THE CIRCUIT COURT OF THE STATE OF OREGON
/ FOR THE COUNTY OF LANE
DAVID A, DeLONG, ) ORIGINAL
)
Plaintiff, )
)
vs. ) No. 16-97-03468
)
YU ENTERPRISES, INC. , and )
EDWARD'S. YU, )
)
Defendants, )
,)
DEPOSITION OF DAVID A. DeI,ONG
BE IT REMEMBERED, that the deposition of DAVID A.
DeLONG, as an adverse party witness on behalf of the
Defendants, was taken pursuant to Oregon Rules of Civil
Procedure, at 9:35 o'clock A.M" on the lOth day of
April, 1998, in the offices of Luvaas, Cobb, Richards &
Fraser, P.C., 777 High Street, in the City of Eugene,
County of Lane, State of Oregon, before Pamela G. Kyker,
a Certified Shorthand Reporter and Notary Public in and
for the State of Oregon.
APPEARANCES
Mr. David C. Force, Attorney at Law, of Attorney
TREMAINE & CLEMENS, INC.
Eugene, Oregon
(541)343-8833
.
. DeLong
36
A. I was looking for a good job from the time
that-- that I had left the Sutton Motel until the time
that I was hired at Lorillard Tobacco Company,
It's a
process of sending in letters of intent and resumes' and
answering the returns if you get any and going through
the interview process. So of course, yes, I was looking
for work.
Q. Looking for work that entire time?
A. Yes.
Q. How long have you been living in the
Centennial Street house?
A.
,Since I left the Sutton Motel.
Q.
When did you leave the Sutton Motel?
A.
May of '96 I believe.
Q.
Did you live at the motel for a period of time
,
after you were discharged?
,
I
A.
No.
I ran the motel until the day I left,
was the manager of the motel until the day I left.
;
Q. This Centennial Boulevard home is a home tha~
you and your wife are purchasing?
A. ,V,c.q.
Q. When was that house purchased by you and your
wife?
A. In January or December of '96-- either
December of '95 or January of '96.
I don't know,
TREMAINE & CLEMENS, INC.
,
Eugene; Oregon
(541)343-8833
.
.
D. DeLong 37
,
somewhere in there. Or February.
.
I'm not exactly sure
of the--
Q, That's close enough.
A, Yeah.
Q, Is this a single family dwelling?
A, Yes.
--
Q. Have you had tenants or boarders livinq there
A. Yes.
-,
Q. __ since you've owned the property?
,
A. Yes.
Q. During what period of time have you had
tenants or boarders living on West centennial Boulevard
in your home?
A. Since riqht after we purchased the home
approximately, yeah, unti~ now.
Q. So you still have people living there?
A. Un-huh, yes.
Q. Yes? These are people that lived there and
you collect rent from?
A,
Yes.
Q.
How manv boarders or tenants do you h2ve
.
currently at West Centennial Boulevard?
~
A. 'J:"!O
Q. who are they?
'"
TREMAINE & CLEMENS, INC.
Eugene, Oregon
(541)343-8833
.
.
D. DeLong 38
A. That would be Bohls,
Q. B-o-l-z?
A, B-o-h-l-s. And Klobas (K-l-o-b-a-s).
Q, And do they rent separate rooms from vou]
A. They rent separate areas of the house, yes.
Q. What other tenants have you had at West
Centennial Boulevard since you purchased the home to the
extent that you can remember names? Do you remember any
other names?
A. There was a-- no.
Q. Has Leslie Frank ever been a tenant or boarder
in your home?
A. No.
--...
Q. Mas she ever staved there?
A. No.
Q. Never spent the niqht there?
A. No.
Q. Is this a-- do you treat your house as a
business enterprise for tax purposes in any way? In
other words, do you write off any of the improvements,
any of the --
A. Well, when you--
Q. -- expenses?
A. I pay tax on the income so it's-- according to
the federal law if you're renting out a part of your
TREMAINE & CLEMENS, INC.
Eugene, Oregon
(541)343-8833
.
.
D. DeLong 39
house and you're claiming the income on that, if you do
any improvement in that part of the house, you can claim
a percentage of that off your taxes, So according to the
federal law, my-- the person that did my taxes has
followed the law in accordance with what it is. I
didn't do it myself so I can't answer that question
directly.
Q. Who prepares your taxes?
A. Ida Bratz (phonetic) did my taxes for the last
I
two years.
Q. But it is handled for tax purposes as a
business enterprise?
A.
Well no, it's my-- it's my home.
I live
there.
I have a rental. So that's not considered a
business enterprise I don't believe under the law.
Q. Well, the rental aspect of it is handled as a
business for purposes of your taxes?
A. It's other income.
Q. And it's n
A. It's claimed as other income.
Q. And it's claimed on your tax return as income?
A. Yes.
.
Q. Now do you then deduct expenses associated
with earning that income like any repairs that are
necessary, maintenance, purchase of furniture that were
TREMAINE & CLEMENS, INC.
)
Eugene, Oregon
(541)343-8833
.
.
D. DeLonq 40
necessary?
A. We-- we don't provide furniture. Never have,
Q, So these are unfurnished rooms that are
A. Yes.
Q. -- rented?
A. Yes,
Q. And that's the way it's always been?
A. That's the way it's always been.
Q. At any time in the past have you taken
personal property from either the Sutton or the Mitchell
motels and taken it to your home for use?
A, Wheelbarrow.
Q. Anything else?
A, No.
Q. Have you ever taken box springs, mattresses,
,
bedding, headboards, or the like from the Mitchell or
~
Sutton motels to your home?
A, No.
-
Q. At any time?
A. No.
Q. At any time in the past had you ever directed
potential tenants or residents of the Mitchell or Sutton
motels to your home for a residence?
A. Potential-- no.
Q. So while you were the manager of the Sutton
TREMAINE & CLEMENS, INC.
Eugene, Oregon
(541)343-8833
.
.
D. DeLong 41
hotel, you never directed people that expressed an
interest in living at the Sutton Motel to your home to
live there?
A. No.
-
Q. WQen did you first assume or take on residents
or tenants at your home?
A. The two peopl~ that I have mentioned have been
living there since I purchased the home approximately,
-
give or take a month or so, so--
,
..
Q. So they're your only tenants?
A. Yes.
-
Q. And they moved in 30 days or so after you
purchased the place?
A. Yes.
Q. I'm going to take you back to your first
meeting with Mr. Yu. Was Mrs. Yu there also?
A. Yes.
d l'f
Q. An your Wl e was present?
A. Yes.
Q. So there were the four of you and no one-'-
there was no one else present?
A. No.
Q. Where was-- where did the meeting Occur?
A. In the dining kitchen area of the Sutton
Motel. Actually it was kind of the dining area.
.
TREMAINE & CLEMENS, INC.
Eugene, Oregon
(541)343-8833
.
.
D. DeLonq 176
1 Department.
2
Q.
Was Mr. Force with you when you did that?
3
A.
No.
4
Q.
All right. So you went to the Springfield
--......-..-...,"---
5 Police Department and said, Hey, there's a warrant for
,
'6 my arrest, here I am. And tell me what happened then.
~~--
7
A.
T said, I understand that there's a warrant
-.......--
8 for my arrest. And the.Y....lLsked me my nallle, and I gave
.
9 them my name. And they said, Wait there, Mr. DeLong.
.
-==,.,.,.,,....,..,..,,..~-
10 The police o~ficer will talk t.Oyou. And while I was
11
s.tanding the..::.~_~....:::as t_a~.l0.,!l~LJ:o ~y_ wiL~~And she sai~
whatu you kno.w,Wh.,':~.'.~..~;!:?ing on:~~_I_.sa_id, ~~. don',t
~
12
13 know. The police offis_~~~outL..!ook me into
."...".......--- . ,,-~. . .-.~-~--
14 custody, handcuffed me,put me in a holding cell where I
--......""'-....,,=.~ ,...~.,.....-,-~--c-----;-___~
15 stayed for about 40 minut~R 1'nelL,theY-1.gok meovel:- to
"" ~~
16 Lane County Sheriff's Department where I was processed
... """"---,
17 in the jail and put in a holding cell and then--
,c.. ____,_......___
..
18
MR. KURTZ: Stop.
19
(Whereupon, there was a
20
phone discussion had off the
21
record. )
22
Q.
(BY MR. KURTZ) What's your income from your
23 rentals at your place?
24
A.
Right 'now it's about $650.
25
Q.
Total?
TREMAINE & CLEMENS, INC.
Eugene, Oregon
(541)343-8833
1
A.
2
Q.
3
A.
4
Q.
.
.
D. DeLonq 177
Yeah.
From both tenants?
Yeah.
Is that what it's been since you've been
5 renting out the place-- the places?
6
A.
7
Q.
8
A.
9
Q.
It's gone down. It's about that.
What was it initially?
750.
750 initially. Then did it go down to 650?
A. Yeah.
Q. When did it go from 750 to 650?
A. After I reduced the-- the rent.
13
Q.
14
P:.
15
Q.
16
A.
17
Q.
18
A.
When was that?
I don't remember the exact time.
What year was it?
About a year ago.
Sometime in 1997?
Yeah.
Q. Before April 24th, 1996 which is the date of
20 that termination letter from Mr. Yu, did you tell Mr. Yu
21 that you would not testify in the Gaff case?
22
23
A.
I don't remember if I did or not.
Q.
Do you know if the Gaff case was set for trial
24 on the day that you received that termination letter?
-A.
25
No.
TREMAINE & CLEMENS, INC.
Eugene, Oregon
(541)343-8833
1
2
3
4
5
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.
.
Reporter Certificate 217
State of Oregon )
) ss.
County of Lane )
I, Pamela G. Kyker, the undersigned Notary Public
for the State of Oregon, do hereby certify that pursuant
to Oregon Rules of Civil Procedure, on the 10th day of
April, 1998, at Eugene, Oregon, DAVID A. DeLONG, the
witness named in the foregoing deposition, personally
appeared before me;
That the said witness, being by me first duly sworn
to testify the truth, the whole truth, and nothing but
the truth in answer to the oral direct and cross
interrogatories propounded to said witness by the
attorneys for the respective parties, testified as set
forth in the foregoing deposition consisting of 215
consecutive pages.
I further certify that all direct and cross
interrogatories propounded to said witness, together
with the answers of said witness thereto, and all
objections and motions made, and other proceedings
occurring at the taking of said deposition, were then
and there taken down in shorthand by me and thereafter
reduFed to typewriting by me or under my direct
supervision.
I further certify that I am not of counselor
attorney to any of the parties, nor am I interested in
the event of the cause, nor am I related by blood or
marriage to any party to this suit.
IN WITNESS WHEREOF, I have hereunto set my hand and
notarial seal in the City of Eugene, County of Lane,
State of Oregon, this /~ ~ day of April, 1998.
~A. C' k k~
Notary Public for State OflOregon
My commission expires: Feb. 17, 2000
rPa.l\QRTHA~~
!<.~<::> ~~
f OREGON \%)
U CSR ;
~ ~ 90-0181 / /;
~G#
'-.~~Z;~Z----"'l1
, . , ~ PAMEL'>. G. KYKER "
\",/" NOTARY PUBLIC. OREGON ;
; COMMISSION NO 049539 '
b~-~.,~~~~~~,~~~.~~~~~~~~~~ ;
"-. . "-_"'''''':^~~..,:.'''.''
TREMAINE & CLEMENS, INC.
,
Eugene, Oregon
(541)343-8833