1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 2 SOUTHERN DIVISION 3 _______________________________ 4 ) JOYCE WALKER, KIM BRUCE ) 5 HOWLETT, and MURIEL SPOONER, ) on behalf of themselves and ) 6 all others similarly situated, ) ) 7 Plaintiffs, ) ) 8 vs. ) No. CV 10-9198-JVS (RNBx) ) 9 LIFE INSURANCE COMPANY OF ) THE SOUTHWEST, a Texas ) 10 corporation, and DOES 1-50, ) ) 11 Defendants. ) ) 12 _______________________________) 13 14 15 DEPOSITION OF JOYCE WALKER 16 San Francisco, California 17 Friday, January 27, 2012 18 Volume I 19 20 21 Reported by: GINA GLANTZ 22 CSR No. 9795, RPR, RMR 23 JOB No. 131931 24 25 PAGES 1 - 244 Page 1 Sarnoff, A VERITEXT COMPANY 877-955-3855 Case 2:10-cv-09198-JVS -RNB Document 361-6 Filed 12/12/12 Page 1 of 6 Page ID #:16394 1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 2 SOUTHERN DIVISION 3 _______________________________ 4 ) JOYCE Walker, KIM BRUCE ) 5 HOWLETT, and MURIEL SPOONER, ) on behalf of themselves and ) 6 all others similarly situated, ) ) 7 Plaintiffs, ) ) 8 vs. ) No. CV 10-9198-JVS (RNBx) ) 9 LIFE INSURANCE COMPANY OF ) THE SOUTHWEST, a Texas ) 10 corporation, and DOES 1-50, ) ) 11 Defendants. ) ) 12 _______________________________) 13 14 15 Deposition of JOYCE WALKER, Volume I, taken on 16 behalf of Defendant Life Insurance Company of the 17 Southwest, at 101 California Street, Suite 2300, San 18 Francisco, California, beginning at 9:07 a.m. and ending 19 at 7:10 p.m., on Friday, January 27, 2012, before GINA 20 GLANTZ, Certified Shorthand Reporter No. 9795. 21 22 23 24 25 Page 2 Sarnoff, A VERITEXT COMPANY 877-955-3855 Case 2:10-cv-09198-JVS -RNB Document 361-6 Filed 12/12/12 Page 2 of 6 Page ID #:16395 1 APPEARANCES: 2 3 For Plaintiffs: 4 KASOWITZ, BENSON, TORRES & FRIEDMAN, LLP 5 BY: CHARLES N. FREIBERG 6 BY: JEANETTE T. BARZELAY 7 BY: BRIAN P. BROSNAHAN 8 Attorneys at Law 9 101 California Street, Suite 2300 10 San Francisco, California 94111 11 (415) 421-6140 12 cfreiberg@kasowitz.com 13 jbarzelay@kasowitz.com 14 bbrosnahan@kasowitz.com 15 16 For Defendant Life Insurance Company of the Southwest: 17 WILMER CUTLER PICKERING HALE AND DORR LLP 18 BY: JONATHAN A. SHAPIRO 19 BY: JOEL FLEMING 20 Attorneys at Law 21 950 Page Mill Road 22 Palo Alto, California 94304 23 (650) 858-6000 24 jonathan.shapiro@wilmerhale.com 25 joel.fleming@wilmerhale.com Page 3 Sarnoff, A VERITEXT COMPANY 877-955-3855 Case 2:10-cv-09198-JVS -RNB Document 361-6 Filed 12/12/12 Page 3 of 6 Page ID #:16396 1 APPEARANCES (Continued): 2 For Defendant Life Insurance Company of the Southwest: 3 WILMER CUTLER PICKERING HALE AND DORR LLP 4 BY: JAMES T. LUX 5 Attorney at Law 6 60 State Street 7 Boston, Massachusetts 02109 8 (617) 526-6000 9 james.lux@wilmerhale.com 10 11 Also Present: 12 ROBERT S. BURKE, National Life Group 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 Sarnoff, A VERITEXT COMPANY 877-955-3855 Case 2:10-cv-09198-JVS -RNB Document 361-6 Filed 12/12/12 Page 4 of 6 Page ID #:16397 1 Q Mr. Burgess answered that question also in item 2 number 2, this time in the e-mail that he sent to you 3 later that day; correct? 4 A Yes. 5 Q Did Mr. Burgess say that he certainly would name 6 Preservation Financial and their actions in the complaint? 7 A Yes. 8 Q Looking at the last line of that sentence, did 9 Mr. Burgess tell you that "there are times that the 10 insurer will ask the agent to put some money in, but I 11 simply want to get your money back"? 12 A Yes, he simply wanted me to -- he wanted to get my 13 money back, yes. 14 Q Did Mr. Burgess tell you, quote, "I don't care 15 where it comes from," period, close quote? 16 A Yes. 17 Q At the time you filed the complaint with the State 18 of California, did you personally care where the money 19 comes from? 20 A Well, the insurer was LSW, so it does make sense 21 that that's where it would be coming from. 22 Q Okay. Fair enough, Mrs. Walker -- strike that -- 23 fair enough, Ms. Walker. 24 Please listen carefully to the question. At the 25 time you filed the complaint with the California Page 126 Sarnoff, A VERITEXT COMPANY 877-955-3855 Case 2:10-cv-09198-JVS -RNB Document 361-6 Filed 12/12/12 Page 5 of 6 Page ID #:16398 1 Department of Insurance, did you personally care where the 2 money comes from? 3 MR. FREIBERG: Okay, I'll object to the question 4 on the grounds that it's asked and answered. I'll also 5 object to the tone of the question. Any more questions 6 with that kind of a tone and we'll end the deposition. 7 I'll instruct the witness not to answer the question. She 8 previously answered the question. 9 (Instruction not to answer.) 10 MR. SHAPIRO: She did not answer the question. 11 MR. FREIBERG: I've instructed her not to answer. 12 And, once again, the tone that you're using to ask the 13 question is completely improper. A judge wouldn't allow 14 you to use that tone, and you asked her the same question 15 twice. She's answered the question. 16 MR. SHAPIRO: I'm being very polite and my tone is 17 very polite and -- 18 MR. FREIBERG: And you've asked the question and 19 she answered it. 20 MR. SHAPIRO: If the court reporter would read 21 back the question. 22 Q Please listen carefully to the question and then, 23 as we discussed at the beginning, if you understand the 24 question, I'd like you to answer it. 25 (Record Read.) Page 127 Sarnoff, A VERITEXT COMPANY 877-955-3855 Case 2:10-cv-09198-JVS -RNB Document 361-6 Filed 12/12/12 Page 6 of 6 Page ID #:16399