The Court Hearing
Thursday, October 18, 2018
***OOO***
The Court
Good morning.
All Respond
Good morning.
The Court
As you can see, we have a busy calendar this morning. I have a priority for matter number 13, which is Castle versus Strand.
The Clerk
Please come forward.
The Court
Are parties here?
The Clerk
Counsel at that end of the table. Strand, at this end of the table.
The Court
This is case number 18PDRO01374.
The Clerk
Please come forward, sir. You will be at this end of the table.
Mr. Richardson
Good morning, your honor. Kelly Richardson for petitioner, Castle Green Homeowners Association.
The Clerk
Please raise your right hands to be sworn. Do you have counsel?
Mr. Richardson
I am counsel. I have a live witness or two if the court would like, but we submitted declarations as well.
The Clerk
All right.
The Clerk
Do you solemnly state that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?
The Respondent
Yes, I do.
The Clerk
Thank you. Please state your first and last names.
The Respondent
My name is Leif Strand.
The Clerk
Thank you.
The Respondent
May I be seated?
The Clerk
Yes.
The Court
Is there someone from the organization other -- who are your witnesses here today?
Mr. Richardson
Randy Banks and if -- Constantine Evans, the H.O.A. President.
The Court
Okay. And why don't we have the H.O.A. President come up, who, I would assume, is going to be your main witness?
Mr. Richardson
Well, I think Mr. Banks has probably been the star victim. So I would start with Mr. Banks.
The Court
Okay. Then I would ask the other witness to step outside, please.
Mr. Richardson
Certainly. Mr. Evans, you can step out in the hall.
The Court
Please raise your right hand to be sworn.
Randy Banks, called as a witness by the petitioner, was sworn, and testified as follows:
The clerk:
The Clerk
Do you solemnly state that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?
The Witness
Yes, I do.
The Clerk
Thank you. Please state your first and last names for the record.
The Witness
Randy Banks, R-A-N-D-Y; last name is Banks, B-A-N-K-S.
The Court
Just give me one moment, please. Counsel, you may proceed.
Mr. Richardson
Yes, your honor. Good morning. The Association has submitted declarations and supporting exhibits on the temporary restraining order and for the hearing today. Mr. Banks, if called to testify, would offer the following offer of proof: Mr. Banks will testify that Mr. Strand has a long history of difficulty in restraining himself within the confines of the Association. As you know, perhaps, your honor, the Castle Green is an historic building with lots of confined spaces, limited elevators, narrow hallways, and mechanics. It's particularly frightening for the residents when Mr. Strand is unable to control himself. Mr. Banks would also testify that he and four other female residents in the building actually have resorted to walking around the building with whistles around their necks in case they are threatened or confronted by Mr. Strand. Further, Mr. Banks would testify that even this morning in court, as we were waiting for you to take the bench, Mr. Strand was having difficulty controlling himself on the other side of the courtroom from I and my client. I'm not a witness today, but I was a little nervous by that, frankly. I don't see that very often. So I would be happy to have Mr. Banks testify. I would also point out that Mr. Strand's opposition, which --
The Bailiff
Look forward.
Mr. Richardson
-- Mr. Strand's opposition, which was not served on us -- we found out about it by happenstance and retrieved it yesterday from the court clerk, admits that he has difficulty controlling himself at times. So I think there is more than ample showing that the Association and its neighbors need to be protected from Mr. Strand. Most recently, in September, the declarations illustrate, for example, that they had to completely scuttle a board meeting of the Association. They meet once a month. Because Mr. Strand was so hostile and disruptive, they couldn't continue safely without fear of violence. So I would be happy to proceed on, if the court wishes.
The Court
I will take that as your opening statement, also.
Mr. Richardson
Thank you.
The Court
Mr. Strand, do you have any opening statements?
The Respondent
Yes, I do. Can you hear me?
The Court
Yes, I can.
The Respondent
I've lived at the Castle Green for 11 years. It is -- it is my full-time home and residence. I mean -- and I feel betrayed by my friends. I don't know how else to put it. This -- this man here used to be my friend. Just a few months ago, we went to a Star Wars movie together.
The Court
May I request that you don't point at him.
The Respondent
Okay. I'm sorry. Look, I don't know how to behave here, but this man, the accuser here, the primary accuser, used to be my friend up until a few months ago. And -- and now -- and I don't think this is worthy of this court.
The Court
Okay. Anything else you wish to add at this point?
The Respondent
No.
The Court
Okay. Counsel, I am going to have you put on Mr. Banks as a witness. I think we need admissible testimony, evidence in order to proceed with the matter. So you may proceed with your witness.
Mr. Richardson
Would you like Mr. Banks to take the stand or testify from his seat?
The Court
I think he should take the stand.
Mr. Richardson
Okay.
The Court
You may proceed.
Mr. Richardson
Thank you.
Direct examination by Mr. Richardson:
Q
Mr. Banks, have you experienced incidents which cause you to be afraid of Mr. Leif Strand?
A
Yes.
Q
Okay. Could you describe those for the court?
A
The most recent one was at the H.O.A. Meeting, when he stood up, started coming at the board. I don't know if he had his drink in his hand at that particular time, but he came to the board meeting with a drink in his hand and, obviously, was very upset. He was flipping people off and using -- you know, basically just cussing people out. Repeatedly asked him to sit down. He just -- he couldn't. He couldn't comprehend that he had to sit down; so that's why we adjourned. Unfortunately, you know, I feel that Leif probably has a drinking problem, and it has escalated.
The Court
I'm sorry. He's going beyond your question.
The Witness
Okay.
The Court
If you would, please listen to your attorney --
The Witness
Okay.
The Court
-- and listen to the question, and respond only to the question, please.
The Witness
Yes, sir.
Q
By Mr. Richardson: and question, again, is we're here to seek a permanent restraining order against Mr. Strand, keeping him away from you and other Homeowners there. Could you please tell the court why you feel threatened.
A
Yes. It's me and -- it's just his erratic behavior, just as I was explaining. But it's not only me; it's the other people in the building, mainly women in the building. There's four women that have, you know, come to me on a -- on several occasions with their --
The Respondent
(chuckling.)
The Witness
-- with their concerns.
The Court
Mr. Strand, I must ask you to remain still --
The Respondent
I'm sorry. I'm sorry. I'm sorry.
The Court
That is not acceptable behavior --
The Respondent
I'm sorry. I -- I -- I just -- I'm sorry because this man --
The Court
No, no --
The Respondent
I'm sorry --
The Court
You're not allowed to testify --
The Respondent
I'm sorry. I'll shut up.
The Court
-- at this time. But the facial expressions, the nodding and shaking of your head, making sounds --
The Respondent
I'm sorry --
The Court
Please refrain --
The Respondent
I'm trying to restrain myself.
The Court
Okay. I'm sorry. You may continue.
The Witness
So, yeah, that's the reasons why we all feel threatened. It's just his really erratic behavior.
Q
By Mr. Richardson: have there been threats expressed?
A
Written threats, yes.
Q
Describe those, please.
A
To me, personally, it was several years ago. And, you know, that was -- he was upset about furniture being moved, and I believe that the comment was that I'm going to turn into -- I'm going to -- are we still --
Mr. Richardson
We had a little disruption from Mr. Strand's significant other, who has not been identified yet.
The Respondent
This is my girlfriend, Dianne Patrizzi.
The Reporter
I'm sorry. What was her last name?
Mr. Richardson
Patrizzi, P-A-T-R-I-Z-Z-I.
The Reporter
Thank you.
The Court
I will advise the people in the audience that they are to remain civil also. No comments, no sounds. This is a court of law, and we have to maintain a certain demeanor in this courtroom. Counsel, you may proceed.
Mr. Richardson
Thank you, your honor.
The Respondent
Your honor, will I have another opportunity to speak?
The Court
Yes, you will.
The Respondent
Okay. Thank you.
Q
By Mr. Richardson: again, Mr. Banks, describe -- you were talking about some threats that happened.
A
Yeah. In e-mail form, I received notes on my door saying I'm going down. I've seen various newsletters with -- depicting me in not a positive light. So, yeah. It's not a very comfortable place to live at. In fact, to the point where I've actually -- I have another residence that I have been staying at. It's to that level where I've actually moved away from the Castle because of it.
Q
Now, this conduct that goes back as far as a couple of years ago, continues until as recently as last month, has there been a gap of two years of complete peace and tranquility between those --
A
There was a gap, yeah. Yeah, there was a gap, I would say. It is a social building. And, you know, people do have tiffs and then get back, you know. It's kind of a thing like that, but this one has gone on quite a while. It just seems to be getting severe. I've asked on three separate occasions that "let's just squash this. This is, you know, a silly thing." and each time I've sent that in e-mail or a text, it's been met with more of the same type of behavior.
Q
Now, something about whistles. Can you tell the court what that's all about?
A
So there are four other women at the Castle who plan on continuing to get restraining orders, I believe. But in the meantime, they have -- they were in fear that this would -- that the court order would escalate this even further and bring on some, you know -- some violence. So they've actually resorted to, you know, having a whistle around their neck, and elevator instructors or operators have been instructed that if you hear that whistle blow, that that's a problem and to call 911. And I don't think anyone should have to live going to and from their apartment with a whistle around their neck in fear that, you know, they're going to be attacked or hurt or even verbally assaulted.
Q
And by way of background, the building elevators are so old?
A
Yeah. It's an open-cage elevator, and it actually has a 24-hour elevator operator. And so -- yeah, so it's a six-story building, and I think there is actually 50 units. Basically, you see people coming and going. It's just -- you just do. That's the way it is.
Q
You presently serve on the board of directors?
A
I do. I'm the Treasurer.
Q
How long have you been on the board?
A
At one form or the other, probably six to seven years. I have been President of the board. I have been off the board. I have been the Treasurer, and so forth.
Q
Has the board received complaints or requests for action from other residents from the Castle?
A
Yes.
Q
Tell me about those.
A
So there's a renter of -- actually, one of the key people that were affected probably the most is a renter. Her owner came to the board very sternly asking that something be done. You know, she's in fear that she's going to lose her renter; or worse, her renter is going to be hurt. She's came to me, four different women -- I prefer not to say all their names if that's not necessary, but there are four women. If you really need the names, I can give them, but there are four women that have came to me personally and just said, "the board has to do something." and so here we are.
Q
Can you give the court other examples of conduct which has frightened you or other residents?
A
It's -- so from what I've -- and I haven't seen this firsthand, but what I have been told is that he has charged people at the elevator, flipping them off. That's from two separate women -- basically, irritated by stuff that was being moved around in the laundry room that caused this. I saw a post on a message board that he was going to throw someone off the balcony if they kept closing the door on the fourth floor. You know, so those are a couple of instances.
Q
Is Mr. Strand -- is there anybody on the board that's the size of Mr. Strand?
A
Is what?
Q
Anybody on the board as big as Mr. Strand is, physically?
A
I would be the only one that would be about that size, yeah.
Q
How tall are you?
A
I'm six-one.
Q
And Mr. Strand is -- does his physical size -- does that also play a part in people being frightened?
A
To the women, I would assume so. I think his gait, the way that he walks, has a way of making people scared.
Q
Okay. Any other conduct you want to tell the court about that has caused you or the residents of the Castle Green to be frightened of Mr. Strand and fear for their safety?
A
I guess the only other comment that I would like to make is that the parking structure in the back of the building is -- we have very limited parking. To get a parking space, you have to be living there from seven to ten years. I gave my parking space up because I was -- I have a vehicle that I'm very fond of, and I just -- I just felt that it wouldn't be a good situation if that vehicle was vandalized. So I have been personally, you know, put out of that. And now, I don't know if I'll ever get a parking space again, even if I, you know, do decide I want one. SO...
Mr. Richardson
Thank you, your honor.
The Court
Okay. I have a few questions.
The Witness
Um-hum.
Direct examination by the court:
Q
You spoke about an H.O. Meeting that was adjourned. When did that meeting take place?
A
September 18th, I believe.
Q
Is Mr. Strand on the board, on the H.O.A.?
A
No.
The Respondent
No, your honor.
The Court
You will have your time to testify.
The Respondent
I -- I didn't hear an answer.
The Court
Mr. Banks did answer.
The Respondent
Oh, I'm sorry.
Q
By the court: now, I saw the temporary restraining orders with stay-away orders. Have any of those stay-away orders, temporary restraining orders, been violated?
A
Not to my knowledge.
Q
Okay. With request to the stay-away order, the temporary stay-away order states that the respondent must stay 100 yards away from the employee or the protected persons. Has he been complying with that?
A
To the best of my knowledge.
Q
Mr. Strand does live in the Castle Green building; is that correct?
A
Yes, that's correct.
Q
And are the restraining orders regarding the 100 yards stay-away that -- is his residence in the Castle Green building such that that 100 yards would be away from anybody else in the building?
Mr. Richardson
May I help, your honor?
The Court
I'm asking him.
Mr. Richardson
Well, judicial notice, I was going --
The Witness
Okay. So if I could explain the building. It's a giant old hotel, is what it is. So to stay that 100 yards away, the way I interpret it is that he can go to and from his apartment but not in the common areas. And so that seems to have been working. That's the way I understand it, but, I mean, the whole building may not be 100 yards long. I don't know.
Mr. Richardson
The court's restraining order specifically allows the respondent to traverse to and from his unit only. So the 100-yard doesn't affect that.
The Court
I see that in the temporary restraining orders, but I need more information as to whether I grant it on a permanent basis.
Mr. Richardson
Thank you, your honor.
The Witness
Due to the social aspect of the building, there's a lobby where people tend to hang out and socialize. There's a roof as well. The social areas are, you know, going to and from -- are where people feel the most frightened because those tend to be where people congregate and drink. And once the alcohol comes in, that's when things start getting a little crazy.
Q
By the court: does the respondent have to traverse a lobby in order to get to his residence?
A
No. He has to come in the lobby, but the elevator is just to your right-hand side.
Q
So if there are people in the lobby and he comes in and he needs to go to the elevator, would he be able to stay 100 yards from anyone who is in the lobby?
A
100 yards from the lobby?
Q
Yes.
A
No. The whole lobby is less than 100 yards. But I will point out that we have weddings and things of that nature; so there are ways to enter the building through the back. So, for example, when there is a wedding going on, residents that have dogs, and so forth, will exit through the basement so as to not to go through the lobby.
Q
Can Mr. Strand access his residence through this back way rather than through the lobby if there are protected persons in the lobby?
A
Yes.
The Respondent
Um --
The Court
In a moment.
Q
In your declaration, you stated you had some written documents. Did you bring any here today?
A
I think my attorney has them.
The Court
Counsel?
Mr. Richardson
Yes, your honor. We have a collection of the threatening e-mails and internet posts and notes left on doors.
The Court
Have you shown them to Mr. Strand?
Mr. Richardson
I'll be happy to.
The Court
You need to do so. And then I would request that they be marked. But let me ask you this question: do you intend to introduce them in as evidence?
Mr. Richardson
I assume all the testimony is more than sufficient; but if the court feels that it's necessary, I'll be happy to.
The Court
I'm not the one putting on the case.
Mr. Richardson
Yes. We'll submit them just to be sure.
The Court
Okay. Then they need to be marked.
Mr. Richardson
Okay.
The Respondent
Is this from my Twitter page?
Mr. Richardson
I think those are from your Slack post.
The Reporter
I'm sorry?
Mr. Richardson
"Slack." it's social network communication application.
The Reporter
Thank you.
The Respondent
What is wrong with this one? Why is this offensive?
The Court
Mr. Strand --
The Respondent
I don't want to read it. I can't do this.
The Court
You cannot ask questions --
The Respondent
This is the first time I have been presented with this.
The Court
Well, I need to have counsel mark them before you bring them up here.
The Respondent
I have not been presented with this before.
The Clerk
We return the exhibits at the end of the case.
The Respondent
How long can I take?
The Bailiff
One minute.
The Respondent
One minute? Well, yes, I remember this e-mail exchange.
The Bailiff
Sir, just review the documents. You don't have to comment.
The Respondent
Okay. Thank you.
The Court
Do you want to mark these documents?
Mr. Richardson
Yes, collectively as exhibit 1.
(whereupon, petitioner's exhibit 1 was marked for identification.)
The Court
What does exhibit 1 represent?
Mr. Richardson
Exhibit 1 is a collection of internet postings or social media postings, the threatening notes that have been referenced to Mr. Banks' testimony, writings, written materials backing up the erratic and threatening behavior of Mr. Strand, as to his neighbors in the building.
The Court
How many of these internet postings are there?
Mr. Richardson
Well --
The Court
How many pages is the exhibit?
Mr. Richardson
I would estimate about ten pages, your honor.
The Court
I need to know the exact number.
The Respondent
Okay. Eleven.
The Witness
Eleven.
The Court
Mr. Strand, have you had an opportunity to look at these internet postings?
The Respondent
Your honor, is this my chance to respond?
The Court
No. You need to respond to my questions.
The Respondent
Okay. I have -- I know what I wrote.
The Court
Are these your internet postings?
The Respondent
To clarify --
The Court
No. I need a "yes" or "no" answer.
The Respondent
Okay. Yes, yes.
The Court
Okay. And do you have any objections to these postings in exhibit 1 from being admitted into evidence? I cannot look at them until I hear your objections, if you have any.
The Respondent
I have no objections.
The Court
Okay. I will receive exhibit 1 into evidence.
(whereupon, petitioner's exhibit 1 was received into evidence.)
Direct examination (continued) by Mr. Richardson:
Q
Mr. Banks, exhibit 1 contains some other items also. Could you describe for the court what they are, in exhibit 1?
A
So there are some post-it notes that were left --
Q
Those can be removed.
A
Okay. I don't have my glasses on. I'm sorry. I'm looking at -- there's a -- so there's the e-mails to the board. It looks like there's some e-mail exchange back and forth between Leif and myself with the board cc'd. And it looks like there's some posts from the social site "Slack." and there's an old e-mail from several years ago when there was a similar situation that did not involve me with a previous board. So that's in here as well.
Q
Are there copies of any notes, threatening notes, left on doors or under doors?
A
Correct, yes. There's two of those, and those are actually on Dianne's stationary.
Q
And Dianne is, again?
A
Leif's girlfriend.
Q
Thank you.
The Court
You're referring to the respondent; is that correct?
The Witness
Yes.
Mr. Richardson
And so I would now move exhibit 1 into evidence.
The Court
We've already done that.
Mr. Richardson
Thank you.
The Court
Okay.
Q
By Mr. Richardson: Mr. Banks --
The Court
Mr. Bailiff, can you get the exhibits, and give them to our clerk, please.
The Bailiff
Yes, sir.
Q
By Mr. Richardson: has the board received any -- well, let me put it this way: in your declaration in support of the restraining order, you refer to a threat of Mr. Leif Strand to continue disrupting board meetings. Can you tell the court about that, please?
A
Yes. So the night after we had to adjourn the board meeting, a few hours later, all the board received an e-mail from the defendant basically saying that "all H.O.A. Meetings henceforth," and it was -- that was all it said.
Mr. Richardson
Okay. Thank you.
The Court
Mr. Strand, do you have any questions for Mr. Banks?
The Respondent
(no response.)
The Court
It's your opportunity to cross-examine him. Cross-examination by the respondent:
Q
I thought you were my friend. And, also -- and, also, the whole thing that started this mess was when I flipped off --
Mr. Richardson
Objection, your honor. These aren't questions.
The Court
If I may --
The Respondent
If I may, your honor --
The Court
Mr. Strand --
Q
By the respondent: why would you accuse me of this --
The Court
Mr. Strand, let me do my job as an attorney. Your objection is overruled because he didn't complete his question yet. You have to wait until he completes his question. I will then entertain your objection, and rule on it. Mr. Strand, would you start over with your question again, please.
The Respondent
I'm trying to formulate in terms of the question.
Q
Like I flipped someone off in the lobby. I flipped off a fellow -- the person that lives directly below me, Cathy Brown. I flipped her off. I just gave her the finger? And without even looking at the security footage -- there is security footage to back me up on this. There is security footage to back me up on this. And without even looking at this, why didn't you confront me as a man? That's my question. Why didn't you confront me MAN-TO-MAN instead of bringing this to court?
A
I had tried at least three different e-mails --
The Court
Well, I'm going to stop you right now. That is not a relevant question. I'm going to sustain my own objection --
The Respondent
All right --
The Court
-- to that question.
The Respondent
Well, that's my question to render.
The Court
Okay. That is not relevant to this proceeding.
The Respondent
I understand that, your honor. Thank you.
The Court
You can continue.
The Respondent
What?
The Court
Is there any further questions?
The Respondent
Do I have more to say? All I want to say is this is not worthy of this court.
The Court
Well, you can save that for argument. Right now, you may question or ask Mr. Banks questions regarding what he testified to.
The Respondent
I've already asked Randy everything I would want to ask him, and he hasn't answered yet.
The Court
Okay. Any redirect?
Mr. Richardson
No, thank you, your honor.
The Court
Okay. You may step down. Would you call your next witness, please.
Mr. Richardson
Constantine Evans. He's out in the hall. The H.O.A. President. Is Mr. Banks free to leave, your honor?
The Court
If you're not going to recall him again, the answer is "yes." that's up to you.
Mr. Richardson
I would like him to be able to leave the building before the respondent. So we can deal with that later, as well.
The Court
You could --
The Respondent
Am I that dangerous?
The Court
If he wants to leave, he has that right --
The Respondent
Oh, wait, wait, wait. Can I say a little bit more? I've never hurt -- I don't own a weapon. I've never hurt anyone in my life.
The Court
Okay. You will be able to testify later on. Please raise your right hand to be sworn.
Constantine Evans, called as a witness by the petitioner, was sworn and testified as follows:
The clerk:
The Clerk
Do you solemnly state that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?
The Witness
I do, yes.
The Clerk
Thank you. Please take the witness stand, and speak into the microphone -- well, I'm not sure it works. But state and spell your first and last names for the record.
The Witness
Constantine Evans, C-O-N-S-T-A-N-T-I-N-E E-V-A-N-S.
The Clerk
Thank you.
The Court
Just one moment. We now have everything on the computer, and I'm just getting it together. You may proceed.
Mr. Richardson
Thank you.
///
///
direct examination by Mr. Richardson:
Q
Mr. Evans, are you the President of the Castle Green Homeowners Association?
A
I am called the President. My understanding of our bylaws is that I'm technically the Chairman.
Q
Thank you. And as a Chairman of the Association, you lead the board of directors meetings?
A
That's correct, yes.
Q
All right. Could you tell the court what you are aware of as President -- as chair of the Association, as to what complaints, expressions of fear you've received from members of the Association or residents?
A
From members of the Association, I understand that we received complaints from one resident who was a tenant regarding what she saw as a prolonged series of harassing and threatening behavior. Is this under my tenure as President or of all of them that I'm aware --
Q
Your tenure as President, as chair, or your service on the board of directors.
A
Okay. Then during that time, we also received complaints from Randy Banks as an owner there, after he had recused himself from any matters involving Leif Strand to support him.
Q
So by recusing himself, you mean to say that Mr. Banks did not participate in discussions about Mr. Strand?
A
He did not participate in the discussions at our board meetings, and, additionally, was generally not present when we discussed them.
Q
Were you at the September attempted board meeting?
A
Yes, I was.
Q
Tell me what happened at that board meeting in terms of disruption conduct by Mr. Strand.
A
Our board meeting is at the end of the bridge of Castle Green, which is at the end of a long corridor, essentially. After our executive session, when we allowed non-board members and owners into the room, everyone sat down. We began the open forum of the meeting. At the time that people walked in, I was aware that Mr. Strand was carrying a large glass with him, and appeared to be visibly intoxicated at the time. I believe -- and I would have to check the minutes -- that when we asked if people wished to speak, he indicated that he wished to speak, and one other owner did. After the other owner spoke, Leif Strand began a statement to us regarding a letter that he had received, and I believe he did initially start out asking questions in a reasonable tone. But as he was speaking -- and this is a three-minute limitation, THREE-OR-FOUR-MINUTE limitation we try to follow -- he started standing up, walking toward the board, continually raising his voice, and accusing several people on the board and also our management of various things. At some point, one of our other board members did ask him if he would stop moving toward us, if he would sit back down. It's generally the case that when people speak at our board meetings, they are sitting down. I did ask him to use a quieter tone of voice and to restrain his language, as he started using -- you know, at some point essentially shouting at us and using foul language toward us. At this point, when I attempted to get him to do -- you know, essentially behave at this meeting, he continued moving toward us. He started shouting over me, telling me to shut up, using other language toward me. I repeatedly told him that he could make his points, which I felt might be reasonable, in a normal manner and in a way that was not threatening to everyone there. He refused to sit down. He refused to let me or other board members speak. And at that point, as I was unable to hold a meeting while he was shouting over me, I moved to adjourn the meeting. And, you know, and I believe that the board voted to adjourn it, but it was somewhat difficult to hear the votes at that point.
The Respondent
If I may, your honor --
The Court
You will have your opportunity to question him. I would like to --
The Respondent
Okay.
Q
By Mr. Richardson: are you aware of any other incidents or complaints that caused people to be fearful other than what you told us so far?
A
I know that prior to my time on the board in this current time, I was on the board a number of years ago, and so I don't know off the top of my head about specific complaints I received then. I do know that there were complaints involving his behavior at a tour some years ago, toward other residents and toward guests at that tour. And I believe at that time a resident there -- our staff was able to convince him to go stay with a resident there. And that was how that situation was resolved. Alcohol was also involved in that, I believe. There were a number of complaints that we received regarding -- that the board received regarding his behavior toward the person who was at the time some years ago, our in-house property manager. There were, also, I believe, not necessarily complaints to the other board but discussions within the board regarding his behavior toward the board some years ago, which I was -- as they were in an executive session, I was not on the board, I was not privy to.
Q
Thank you. And just to be clear, have you, other than this board meeting last month -- have you had any personal problems with Mr. Strand, yourself, or are you testifying more about the Association's difficulties?
A
With the exception of the -- of his behavior at that board meeting, I have not personally had any experiences where he has threatened me, or where I have felt that my safety would be in danger.
Q
Now, is it possible that Mr. Strand could enter the building without having to -- strike that. You know what? Mr. Banks addressed that. Nothing further. Thank you, dr. Evans.
The Respondent
Dr. Evans --
The Court
I have some questions first.
The Respondent
I'm sorry.
The Court
I'll give you an opportunity.
Direct examination by the court:
Q
This board meeting that you were reflecting, what was the date of that board meeting?
A
That board meeting would have been on the third Wednesday of the month, I believe.
Q
Would that have been on September 19, 2018?
A
Yes.
Q
Okay. And I believe you testified that you saw Mr. Strand with a glass in hand; is that correct?
A
When he walked into -- so for a small organization, I walk out to open the door for everyone. When I opened the door, he was carrying a glass. He carried the glass in. When he sat down, he did set the glass on the ground. And when he was speaking, he was not holding the glass.
Q
Okay. Did he drink from the glass during the meeting?
A
I don't believe he drank from the glass during the meeting.
Q
Okay. Did anyone ask him to remove the glass from the meeting?
A
No. We did not. We had no chance.
Q
Are there H.O.A. Rules which set forth that drinks are not permitted at the board meetings?
A
There is a long-standing informal rule, I suppose, that drinks are not allowed at board meetings, which I believe Mr. Strand is aware of. It is not something which is formally a part our rules and regulations, but has been followed by everyone until this point.
Q
Is Richard Ycaza -- I don't know if I'm saying the name right. His last name looks to be Y-Z-A-C-A -- present at the meeting?
A
Yes, he was present.
Q
Okay. And did you witness any interaction between him and Mr. Strand?
A
Yes. He was seated -- so the layout of this is that we were at, you know, a table, somewhat like this, facing chairs. Mr. Strand -- sorry. Mr. Ycaza was seated to my left. When Mr. Strand stood up and was walking toward us, Mr. Banks was seated to my right. He was walking mostly toward the group of the three of us, and Mr. Ycaza was the person who initially started to ask Mr. Strand to -- if he could stop walking toward us, if he could stop, you know, waving his arms, if he could sit down, and mostly that he could stop walking toward us.
Q
In your declaration, you stated that he was flipping Richard off. Did that take place?
A
Yes. That was --
Q
I don't need a narrative.
A
Okay.
Q
Just listen to the question, and answer the question directly, please.
A
Okay.
Q
And did he use vulgar language as he was coming forward to the three of you?
A
Yes.
Q
And as chairperson of the Homeowners Association, you received complaints from other residents of the building; is that correct?
A
I do, yes.
Q
And you pass them on to Mr. Banks; is that correct?
A
In this case, no.
Q
Okay. Did you do anything when receiving complaints from other residents as chairperson of the H.O.A.?
A
Other residents or Mr. Strand?
Q
For --
A
Oh, about Mr. Strand?
Q
Yes. What did you do when you received those comments from other residents?
A
When we received those comments, Mr. Banks was recused, we discussed them as a board in executive session and chose to forward those to our legal counsel. He made the -- advised to us --
Mr. Richardson
Attorney-client --
The Witness
Oh, okay.
The Court
Okay. Mr. Strand, do you have any questions of Mr. Evans?
The Respondent
Yes, I do. Dr. Evans.
The Court
Dr. Evans. I apologize.
Cross-examination by the respondent:
Q
I think you hereby thoroughly corrupted the board.
Mr. Richardson
Objection; argumentative.
The Court
Sustained.
The Respondent
Can I finish forming a question?
Q
I want to know why -- I just want to know why you would do this to me.
Mr. Richardson
Irrelevant. Motivation is irrelevant.
The Court
Sustained.
The Respondent
I guess I have no further questions, your honor. I'm sorry.
The Court
Any --
Mr. Richardson
Nothing further. Thank you.
The Court
You may step down.
The Witness
Thank you.
The Court
Counsel, I'll hear argument from you.
Mr. Richardson
Thank you, your honor. I believe that the testimony from the witnesses indicates that Mr. Strand --
The Court
Let me stop you. I forgot. Mr. Strand, this is your opportunity to present evidence to the case. I was a little ahead of myself.
Mr. Richardson
Of course. My apologies.
The Court
So you have an opportunity to present evidence to the court.
The Respondent
Well, my only evidence is that, as I said before, I think, I don't own a weapon. I've never hurt anyone in my life, and I've lived in Pasadena for 20 years. And in my first residence in Pasadena, it was on the first -- it was on the ground floor. It was 1201 South El Molino Avenue, or something like that. And at any time a cricket would come inside, I would capture the cricket and take it outside. That's how gentle a person I am. I'm not a threat to anyone. And if other people -- if other people are -- if other people think that I'm a threat to them, they're just drumming up a huge case against me to seize -- toot their own interest. For example, I have reasons to suspect that Randy Banks is just trying to lay the groundwork for a civil lawsuit against me just so he can milk me for money. That's all, your honor.
The Court
Okay. Mr. Clerk, can I see exhibit "a," please.
The Clerk
The what?
The Court
Exhibit 1. May I take a look at that, please.
The Clerk
(complied.)
The Court
Mr. Strand, do you have any other evidence that you wish to present to the court?
The Respondent
Well, I can't provide evidence to something I haven't done.
The Court
Okay. Is the case submitted? Do you submit?
Mr. Richardson
Yes, your honor.
The Court
Do you submit, Mr. Strand? You have nothing further to add to the case?
The Respondent
I guess not.
The Court
Okay. Counsel, now you can argue.
Mr. Richardson
All right, your honor. Mr. Strand is a disruptive, frightening person at that building. His behavior, as described in the exhibit and in the testimony of the witnesses, and his disruptive behavior in these proceedings amply demonstrate that the relief requested is necessary for the safety of residents at this building. I would ask that the court enter the requested injunction with the proviso as in the restraining order, originally in the temporary restraining order, that he is allowed to traverse directly from the door of the building to his residence, and other than that, must keep away from all other owners. Frankly, your honor, I'm very concerned that during his traversing from the front door to his unit, that there will be problems, but I don't know a way to prevent it without further legal action. But I would like to give this a try. The other caveat that I would like to suggest, a very small change from the temporary restraining order, is that he really, obviously, from the -- from the documentary evidence also sends threatening written communications. If he wishes to communicate with the Association, he should communicate through the legal counsel of his choosing so that he does have an Avenue to contact the Association. And, of course, that communication from counsel would be coming to me, and that would help insulate the residents and the board. Other than that, your honor, I appreciate your patience, and I'll rest.
The Court
Mr. Strand?
The Respondent
Drinking is a common thing at the Castle. Randy Banks, himself, has been drunk many times. I don't know how else to describe it to you. I mean, that's all.
The Court
Okay. Do you have any further argument?
The Respondent
No.
Mr. Richardson
May I add one more request, your honor?
The Court
Yes.
Mr. Richardson
That if the court -- whether the court grants this or not, which I am firmly hoping the court does, could there be some directive separating my clients and I, allowing to leave the building unimpeded by Mr. Strand and his girlfriend --
The Respondent
(unintelligible.)
Mr. Richardson
Either -- I'll leave it to the court's discretion how to do that. But I think I have ample reason to be concerned for my clients' well-being, and, frankly, mine too.
The Court
All right. I'm going to --
The Respondent
Oh, I'm so dangerous.
The Court
I'm going to suggest and recommend that you speak to the bailiff, and the bailiff will then make the arrangements that are necessary.
Mr. Richardson
Thank you.
The Court
These issues are never easy; however, I have heard credible evidence that the actions taken by Mr. Strand have taken place. In fact, Mr. Strand has admitted in open court this morning that he flipped off a person in the building. And, in fact, he acknowledges in his declaration, which was dated October 10th, 2018, that he acknowledges that he sometimes drinks too much, and that his actions are not what should be taking place in the homeowner's meetings and around the residence.
The Respondent
Your honor, how long will this last?
The Court
I will get to that.
The Respondent
All right.
The Court
Mr. Strand, how tall are you?
The Respondent
I'm about six-two.
The Court
Six-two?
The Respondent
Yes.
The Court
Your weight?
The Respondent
I think 180.
The Court
Your date of birth?
The Respondent
October 25th, 1973.
The Court
Your hair color? Brown? Hazel?
The Respondent
I'd call it Brown, I guess. I don't know.
The Court
Your eye color?
The Respondent
Eye color, Green. I think that's what my license says.
The Court
I am going to grant the request for restraining order. I'm going to include the additional persons that have been listed in the workplace petition. These will expire in two years. So two years from today will be October 18, 2020.
The Respondent
Thank you, your honor.
The Court
And they will expire at 12:00 noon on that day.
Mr. Richardson
Did you say October 18th, your honor?
The Court
Yes, two years from today. Counsel, I'm sorry. What is your name, again?
Mr. Richardson
Kelly Richardson, K-E-L-L-Y R-I-C-H-A-R-D-S-O-N.
The Court
Mr. Strand, you are restrained from harassing, molesting, striking, assaulting, battering, abusing, destroying personal property of or disturbing the peace of the people that are subject to the restraining order. You cannot commit acts of violence or make threats of violence against them.
The Respondent
Well, I would never do that, to begin with, your honor.
The Court
Well, these are the orders. You are not to follow or stalk the persons during work hours or to or from the workplace, which at this time is the Castle Green building, contact the person either directly or indirectly or in any way, including, but not limited to, by person, by telephone, by writing, by public or private mail, by inter-office mail, by e-mail, or by text or by fax or any other electronic means, and this also includes anyone that you know --
The Respondent
Thank you, your honor.
The Court
-- that are doing so.
The Respondent
(whereupon, the respondent was exiting the courtroom.)
The Court
And I'm also going to -- you need to stay here, sir, until the hearing is completed. I have a bit more to go. One moment.
The Clerk
I can finish the paperwork.
The Court
What?
The Clerk
I can finish the paperwork.
The Court
Okay. I need to go through a few things. The stay-away order is at 100 yards, will be part of the restraining order. Mr. Strand, do you have any guns or other firearms?
The Respondent
I told you "no."
The Court
Okay. Because if you do, you have to turn them over to the police.
The Respondent
I have never owned a firearm in my life. And, also, do I get to stay in my home? Do I get to enter and leave my apartment?
The Court
That would be part of the order that you, just like in the temporary restraining order, it says that the stay-away order does not prevent you from going to or from your home. So that will be part of order.
The Respondent
All right.
The Court
I'm returning the exhibits.
The Respondent
All right. Thank you, your honor.
The Clerk
This won't be ready for a while.
The Court
So you need to stay until the clerk has completed the order so that you get copies of the order. These are always difficult matters to deal with, but the evidence was credible about your conduct, and, again, you even acknowledging the conduct. This matter is --
The Respondent
I acknowledged being drunk.
The Court
This matter is concluded.
Mr. Richardson
Thank you, your honor.
(whereupon, the proceedings concluded.)
///
///
///
