ACCEPTED
14-14-00765-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
1/1/2015 9:54:11 PM
CHRISTOPHER PRINE
CLERK
Case No. 14-14-00765-CV
IN THE COURT OF APPEALS
FOR THE FOURTEETH DISTRICT OF TEXAS AT HOUSTON
ALAVOOR VASUDEVAN
Appellant
(Defendants below) 010215
vs.
DEEPA VASUDEVAN
Appellee
(Plaintiffs above)
BRIEF OF APPELLANT and EXCERPT OF RECORD
Appeal from the Judgment of Dissolution of Marriage entered on May 27, 2014 in the Brazoria
County 300th District Court, Honorable K. Randall Hufstetler, Judge
Attorneys for Appellant below:
Alavoor Vasudevan
Pro Se
PO Box 710163
Houston TX 77271
Email: alavoor@gmail.com
Phone: 832-244-1927
Attorneys for Appellee below:
Kelly McClendon (appeals lawyer) Ron Brownstein (trial court lawyer)
SBN: 13407200 SBN: 03229800
P O Box 3457 5208 West Broadway, Suite 200
Lake Jackson, Texas 77566 Pearland, TX 77581
Email: kdmcclendon@comcast.net Email: rbrownstein@hotmail.com
Telephone: 979-299-0755 Phone: 281-485-2770
Fax: 281-485-4128
IDENTITY OF PARTIES AND COUNSEL
Appellant’s Trial and Counsel
Alavoor Vasudevan
Pro Se (Appellant)
PO Box 710163
Houston TX 77271
Email: alavoor@gmail.com
Phone: 832-244-1927
Annette M. Henry
Texas State Bar No. 09478020
The Henry Law Firm
1314 Texas Avenue, Suite 400
Houston TX 77002
(713) 236-1818
Fax: 281-768-2439
Appellee's Counsel
Kelly McClendon
Texas State Bar No. 13407200
P O Box 3457
Lake Jackson, Texas 77566
Email: kdmcclendon@comcast.net
Telephone: 979.299.0755
Ron Brownstein
Texas State Bar No. 03229800
Ron Brownstein
SBN: 03229800
5208 West Broadway, Suite 200
Pearland, TX 77581
Email: rbrownstein@hotmail.com
Phone: 281-485-2770
Fax: 281-485-4128
ii Case No. 14-14-00765-CV
Table of Contents
I. STATEMENT OF THE CASE.........................................................5
II. STATEMENT REGARDING ORAL ARGUMENT....................6
III. ISSUES PRESENTED...................................................................7
IV. STATEMENT OF FACTS..............................................................9
V. SUMMARY OF THE ARGUMENTS...........................................11
VI. ARGUMENT.................................................................................12
VII. PRAYER.......................................................................................14
VIII. APPENDIX.................................................................................16
Appendix A Trial Courts Judgment 08 Oct 2014.................................16
Appendix B Trial Courts Judgment 27 May 2014................................16
Appendix C Final Decree of Divorce (Trial Court)..............................16
Appendix D Inventory filed by Husband.............................................16
Appendix E Inventory filed by Wife....................................................16
Appendix F Proof filed by Husband for Community Estates...............16
Appendix G Proof filed by Husband for hidden gold bars of wife.......16
Appendix H Court reporters copy filed................................................16
Appendix I The Record Below.............................................................16
Appendix J Texas Family Code 3.003 - Community Estates...............16
Appendix K Texas Penal Code 2.01 - Cruelty by Husband..................17
Appendix L Felony Charge on Wife's Attorney filed by Husband.......17
Appendix M Health Reports of Husband.............................................17
CERTIFICATE OF SERVICE.........................................................18
iii Case No. 14-14-00765-CV
INDEX OF AUTHORITIES
Rules:
Chapter 3 Marital Property Rights and Liabilities
Sec.3.003. Presumption of community property
Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY. (a) Property possessed by either spouse
during or on dissolution of marriage is presumed to be community property.
(b) The degree of proof necessary to establish that property is separate property is clear and convincing
evidence.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
CHAPTER 2. BURDEN OF PROOF
Texas Penal Code for Proof Beyond a reasonable doubt
Sec. 2.01. PROOF BEYOND A REASONABLE DOUBT. All persons are presumed to be innocent and no
person may be convicted of an offense unless each element of the offense is proved beyond a reasonable
doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense
gives rise to no inference of guilt at his trial.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
iv Case No. 14-14-00765-CV
I. STATEMENT OF THE CASE
This is a divorce case involving the issue of property division. Husband
seeks modification of the judgment of dissolution to award him greater than 60%
of the community estates. And to classify the properties which were wrongly
termed as the separate estates of wife into community estates. Also to modify the
terms used in trial court's judgment where in the husband was declared doing
“cruelty” even without doing any verification of cruelty and without any proof or
witness for cruelty. Wife needs to update the inventory as of 27 May 2014 as her
inventory filed is old and used old financial statements and not as of May 2014.
Nature of Judgment
After a trial to the court, a Judgment of Dissolution of Marriage was entered.
Such judgment forms the basis for this appeal. Trial court awarded higher
percentage (60%) of community estates to wife without considering the real facts
of the innocent husband (husband's health, age, earning power, community estates
and other factors).
Effective Date for Appeal
Since the health conditions of husband was very bad, wife had filed false
Protective Order to gain higher divisions in the properties instead of filing divorce
first. On June 27, 2011, wife filed for Protective Order in cause number 63935,
thereafter temporary orders were issued dated July 22, 2011. On 19 Jan 2012
husband filed for divorce in cause number 66539; wife filed a counter-petition for
divorce and these two actions were consolidated under the lower cause number
63935 on 29 Mar 2012. The Judgment of Dissolution of Marriage was entered on
27 May, 2014 and trial court awarded 60% to wife even without considering the
health conditions of husband, earning capacity of wife and other factors. And
thereafter a new trial to reconsider was filed by husband and it was heard on 8
October 2014, but was denied on the basis that “Notice of Appeals” was filed with
5 Case No. 14-14-00765-CV
14th Court of Appeals and no justice was done to husband. The Notice of Appeal
was filed on 14 Sep 2014. Husband denied the charges of cruelty as they were
falsely framed by wife without any proof or witness.
II. STATEMENT REGARDING ORAL ARGUMENT
Appellant requests oral argument for this Appeals case, so that appellant can
answer and clarify any questions, points raised about this case.
6 Case No. 14-14-00765-CV
III. ISSUES PRESENTED
1. Trial court classified the community estates as separate properties of wife,
even without clear and convincing evidence. Wife has classified the CitiNRI
account, DLR account as separate property but it is a community estate as
husband had provided proof (Appendix F). As per the Texas Family Law
Code, Sec.3.003 PRESUMPTION OF COMMUNITY PROPERTY, property
bought during the marriage is community estate. And degree of proof
necessary to establish that property is separate property is clear and
convincing evidence (Ref. Texas Statutes Chap 3 Sec.3.003). All the luxury
furniture in possession of wife was declared as separate property even though
it is community estate bought during marriage.
2. Wife was hiding, concealing community properties like gold bars, gold
coins and trial court did not give chance to husband to exhibit the documents
of proof for gold and sustained the objections of wife's attorney (Appendix
G).
3. Husband was not given fair treatment by trial court. Husband was denied
to expose the hiding of gold assets by wife due to objection raised by
opposing counsel. Judge was favoring wife's attorney for unknown reasons
(may be he is his friend?). I was a stranger to Judge as I had never seen him
before. Also opposing attorney Ron Brownstein was stealing husband's postal
mails which came to wife's home. A case of felony was filed by husband
against the wife's attorney Ron Brownstein charging the attorney for breaking
the federal/state laws and the case is pending hearing in near future in
Houston District Court ( Appendix L ).
4. Trial court did not consider the health conditions of the husband
(Appendix M) and age factors and declared husband as being “cruel” even
without any verification. The protective orders are generally abused by wives
to gain advantage and punish innocent husbands ( Appendix K ).
5. Court is there to do justice and protect the innocent but trial court did not
make any attempts to protect the innocent husband and to do justice.
6. Judge denied motion saying that “You have filed in appeals court, hence let
the Court of Appeals deal with it from this point and hence I deny the
7 Case No. 14-14-00765-CV
hearing...” (Ref: Reporters record vol 3 of 3 Cause 63935 page 11, line 8,
Appendix A)
7. Trial court did not consider:
Fault In The Failure Of The Marriage: Husband is innocent divorcee
because wife rejected/dumped the husband due to bad health (Appendix M).
Trial court did not consider the “Benefits The Innocent Spouse Would Have
Received By Continuation Of The Marriage”: Akin to the assessment of
fault approach is the compensation for the losses the innocent spouse will
suffer by reason of the divorce. Certain valuable benefits may be lost (and
perhaps be irreplaceable) as a result of the divorce.
Disparity Of Earning Capacities: A gap between the business opportunities
available to the spouses, a disparity in incomes, a difference in earning
capabilities, and associated facts may affect the division of property.
Physical Condition, Health: Physical health (or lack thereof) which affects
the division of property between the spouses (Appendix M).
Difference In Ages: A disparity in the ages of the parties may have a bearing
upon ability to work, eligibility of a party for retirement benefits, etc. and,
therefore, is a factor in dividing property. Husband is older to wife by 7.5
years.
8 Case No. 14-14-00765-CV
IV. STATEMENT OF FACTS
Summary
Date of Marriage : 29 March 1992
Age of the Parties: Husband 52 yrs (DOB 07 July 1962)
Wife 44 yrs (DOB 17 Nov 1969)
Ages of Children Pallavi Dev 19 yrs (DOB 07 Dec 1995)
Support: Husband paid child support until Pallavi graduated from high
school.
Divorce Dissolution: 27 May 2014 Trial court, Brazoria
Second Hearing : 08 Oct 2014 Trial court, Brazoria
General Summary
The parties were married in 29 March 1992 when husband was 29 and wife
22. Husband had completed his education at that time, having received Master's
degree in 1989 and was working for tech company in California. Wife was still
attending medical college and husband supported financially and physically to
complete the degree and residency in USA. Baby Pallavi was born and husband
was taking care of the baby while wife was doing college residency. Husband, in
addition to supplying the great bulk of the income during wife's
schooling/residency, also shared in the domestic chores (Ref: Oral, written
depositions).
After the parties married, husband was the main source of income for the
family until wife started earning in 1998.
At the time of hearing, wife was earning $200,000 p.a. and husband was
making $90,000 p.a.
In the year 2005, husband was having serious health problems due to
diabetes, high blood pressure, high cholesterol, liver problems and eye problems
(glaucoma) and was taking medications (Ref: Health reports of husband Appendix
9 Case No. 14-14-00765-CV
M). Wife did not like the health problems of the husband and was extremely
unhappy. The health problems of husband caused rifts in marriage relationships
and caused great amounts of agony. The health problems of husband worsened
over time. And the health problems of husband are the major cause of the divorce.
From 1992 until 2005, the relationship between wife and husband was very good.
After 2005, there were no financial problems as wife was earning large amounts
for the family and also husband was earning but there were major health issues of
husband. Because of the health issues, husband had problems with the
employment. The diabetes was causing serious problems and resulted in memory
loss and reduced the focus and capability in engineering job. And hence, husband
lost several jobs/employment. In June 2011, wife filed for protective order to throw
out the husband and husband made lots of efforts to save the marriage but of no
use. Wife indirectly forced husband to file divorce in Jan 2012 and wife also
counter-petitioned divorce. Wife had concealed substantial community estates in
form of cash, gold bars, gold coins, jewelry and did not disclose those in the
inventory. Husband tried Motion to Compel discovery but it was denied on March
2013. The divorce hearing was on 27 May 2014 but justice was not done to
innocent husband. Husband filed for motion for reconsideration trial and on 8 Oct
2014 trial court heard the hearing but did not do any justice and simply referred to
Appeals court application and left the decision for Appeals court to decide (Ref:
Court Reporters records). The trial court did not consider the inventory filed by
husband. And wife's inventory was having amounts and figures which were very
old out-dated and were not as of 27 May 2014 (day on which divorce hearing
occurred).
10 Case No. 14-14-00765-
CV
V. SUMMARY OF THE ARGUMENTS
Wife's classification of CITINRI account ($120,000) and DRL Lands
($52,000) and gold jewelry is without merit because wife had not submitted clear
and convincing evidence as per Texas Family code sec3.003.
Wife's filing for protective order is falsified and without merit because there
is no proof, witness, medical reports, police reports of any harassment by husband
for the past 22 years. Trial court's declaration of husband as cruel is wrong and
incorrect because of no verification.
Trial court's award of 60% to wife is without merit because there is solid
basis and it is like rewarding the guilty and punishing the innocent. Trial court was
tilting in favor of wife's attorney because the judge may be close friend of wife's
attorney and husband is a stranger. Husband deserves the 60% share of property
division.
Wife's submission of inventory is not up to date in figures and amounts and
were old and out of date. They were not as of May 2014 and trial court did not
consider the inventory submitted by husband.
If Trial court suppresses exhibits/documents from innocent and supports the
attorney of guilty then the final judgment will favor only the guilty and the
innocent will get punished. But there is chance provided by law so that appeals
court can correct it and protect the innocent and punish the guilty.
11 Case No. 14-14-00765-CV
VI. ARGUMENT
Texas laws provides that the appellate court will review the case on both the
law and the evidence. The trial court's decision must be reversed if it was not
legally correct and if the trial court's decision is punishing the innocent and
rewarding the guilty. The law must protect the innocent and punish the guilty.
The appellant's argument is:
THE TRIAL COURT'S DECISIONS TO DECLARE
COMMUNITY ESTATES (CITINRI A/C, DLR LAND, GOLD
BARS) AS SEPARATE PROPERTY WITHOUT ANY CLEAR
AND CONVINCING PROOF AS PER TEXAS FAMILY LAW
CODE sec 3.003 IS NOT LEGALLY CORRECT. TRIAL
COURT ALSO ERRORED IN TAKING THE OLD AND
OUTDATED FIGURES IN THE WIFE'S INVENTORY, AND
DID NOT TAKE INTO CONSIDERATION THE LUXURY
FURNITURES AS COMMUNITY ESTATES.
THE TRIAL COURT DECLARED THE HUSBAND AS
CRUEL EVEN WITHOUT VERIFYING THE WITNESS,
POLICE RECORDS, MEDICAL REPORTS TO PROVE
CRUELTY. HUSBAND WAS LIVING WITH WIFE FOR
MORE THAN 20 YEARS AND THERE IS NO SINGLE
POLICE REPORT, MEDICAL REPORT SUPPORTING
CRUELTY, TRIAL COURT WAS BLINDLY TAKING
WHATEVER WAS WRITTEN PROTECTIVE WITHOUT
CHECKING ITS VALIDITY AND PROOF. ACTUALLY WIFE
WAS BATTERING HUSBAND BECAUSE OF HUSBAND'S
ILL HEALTH.
TRIAL COURT ALSO DID NOT CONSIDER THE SEVERE
HEALTH CONDITIONS OF HUSBAND WHILE DIVIDING
PROERTY AND EARNING CAPACITY OF WIFE WHO IS
MEDICAL DOCTOR AND THE FAULT IN BREAKUP OF
12 Case No. 14-14-00765-
CV
MARRIAGE.
THE TRIAL COURT ALSO ERRORED BY “TILTING” IN
FAVOUR OF THE WIFE'S ATTORNEY, MAY BE BECAUSE
THE APPELLANT IS A STRANGER AND UNKNOWN TO
JUDGE BUT JUDGE IS A CLOSE FRIEND OF THE WIFE'S
LAWYER.
The Texas family code says that any asset or property bought during the marriage
is a community estate unless the party provides the court with clear and convincing
evidence to prove that it is a separate estate.
13 Case No. 14-14-00765-
CV
VII. PRAYER
a) Award the husband greater than 60% of community property division
because of poor health conditions of husband, age disparity between wife
and husband, and income disparities (Appendix M).
b) Classify CITINRI bank a/c and DLR land as community estate, as wife had
no proof of them as separate estates. Husband had submitted proofs that they
are community estates (Ref: Appendix F).
c) Order wife to update the financial statements in the inventory as of 27 May
2014.
d) Order wife to disclose the 14 gold bars, gold coins and jewelry being hidden
by her in the inventory and other hidden assets.
e) Remove the term cruelty of husband from judgment, as wife had not
submitted any proof of cruelty like - witness, recordings, video, police
reports, medical reports of the same and there was no basis for that at all.
f) Appeals court can order wife to pay spousal support to husband for 7 years.
g) Pay for the appeals cost.
h) Accept the Inventory filed by husband (Appendix D)
For the above reasons and authorities stated, the Appellant respectfully requests
that the judgment of the Brazoria District Court be reversed, and appellant be given
the relief requested.
Dated: 02 December 2014 Respectfully submitted
ALAVOOR VASUDEVAN
________________________
ALAVOOR VASUDEVAN
Pro Se
PO Box 710163
14 Case No. 14-14-00765-
CV
Houston TX 77271
Email: alavoor@gmail.com
Phone: 832-244-1927
Statement as to Typeface: The font used in this Brief is Times New Roman and
the type size is 14 point.
15 Case No. 14-14-00765-
CV
VIII. APPENDIX
Appendix A Trial Courts Judgment 08 Oct 2014
The trial courts judgment is attached in case envelope and also the exhibits
Appendix B Trial Courts Judgment 27 May 2014
The trial courts judgment is attached in case envelope and also the exhibits.
Appendix C Final Decree of Divorce (Trial Court)
The trial courts final decree is attached in case envelope
Appendix D Inventory filed by Husband
Inventory filed by Husband is attached in case envelope
Appendix E Inventory filed by Wife
Inventory filed by Wife is attached in case envelope
Appendix F Proof filed by Husband for Community Estates
Proof filed by Husband is attached in case envelope
Appendix G Proof filed by Husband for hidden gold bars of wife
Proof filed by Husband is attached in case envelope
Appendix H Court reporters copy filed
Court reports report is filed directly to 14th Appeals Court for 27 May 2014
hearing and 08 Oct 2014 hearing.
Appendix I The Record Below
All the documents filed with the Trial court are attached in the case
envelope.
Appendix J Texas Family Code 3.003 - Community Estates
Texas Family Code for Marital Property Rights
http://www.statutes.legis.state.tx.us/?link=FA
Code = Family Code
Chapter 3 Marital Property Rights and Liabilities
16 Case No. 14-14-00765-
CV
Sec.3.003. Presumption of community property
Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY.
(a) Property possessed by either spouse during or on dissolution of marriage is
presumed to be community property.
(b) The degree of proof necessary to establish that property is separate property is
clear and convincing evidence.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Appendix K Texas Penal Code 2.01 - Cruelty by Husband
Texas Penal Code for Proof Beyond a reasonable doubt
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.2.htm#2.01
Code = Penal Code
CHAPTER 2. BURDEN OF PROOF
Sec. 2.01. PROOF BEYOND A REASONABLE DOUBT. All persons are
presumed to be innocent and no person may be convicted of an offense unless each
element of the offense is proved beyond a reasonable doubt. The fact that he has
been arrested, confined, or indicted for, or otherwise charged with, the offense
gives rise to no inference of guilt at his trial.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Appendix L Felony Charge on Wife's Attorney filed by Husband
Husband filed felony charge on wife's attorney for postal mail thefts is
attached in case envelope
Appendix M Health Reports of Husband
Health reports of Husband is attached in case envelope
17 Case No. 14-14-00765-
CV
Appendix A Trial Courts Judgment 08 Oct 2014
The trial courts judgment is given here (next page)
1
1 REPORTER'S RECORD
2 VOLUME 3 OF 3
3 TRIAL COURT CAUSE NO. 63935
4
5 DEEPA VASUDEVAN * IN THE DISTRICT COURT
6 VS. * BRAZORIA COUNTY, TEXAS
7 ALAVOOR VASUDEVAN * 300TH JUDICIAL DISTRICT
8
9 ********************************************************
10 MOTION FOR NEW TRIAL
11 ********************************************************
12 On the 8th day of October, 2014, the following
13 proceedings came on to be heard in the above-entitled and
14 numbered cause before the Honorable K. Randall Hufstetler,
15 Judge presiding, held in Angleton, Brazoria County, Texas.
16 Proceedings reported by Machine Shorthand.
17
18
19
20
21
22
23
24
25
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
2
1 A-P-P-E-A-R-A-N-C-E-S:
2
3 COUNSEL FOR DEEPA VASUDEVAN:
4 Mr. Ronald Brownstein
Attorney at Law
5 TBN: 03229800
5208 Broadway Street, Suite 200
6 Pearland, Texas 77581
(281)485-2770
7
8
9
10 COUNSEL FOR ALAVOOR VASUDEVAN:
11 Mr. Alavoor Vasudevan
Pro Se
12 PO Box 710163
Houston, Texas 77271
13 (832)244-1927
14
15
16
17 REPORTED BY:
18 Kim Keeler, CSR
Deputy Court Reporter
19 300th Judicial District
111 E. Locust, Rm. 401
20 Angleton, Texas 77515
(281)352-0863
21
22
23
24
25
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
3
1 INDEX
2 VOLUME 3 OF 3
3 MOTION FOR NEW TRIAL
4 OCTOBER 8, 2014
5 Page Vol.
6 Appearances ......................... 2 3
7 Motion for new trial ................ 4 3
8 Court's Ruling ...................... 10 3
9 Adjournment ......................... 14 3
10 Court Reporter's Certificate ........ 15 3
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
4
1 MOTION FOR NEW TRIAL
2 THE COURT: All right. Let's go on the
3 record in 63935 set on today's docket for hearing. What
4 do we got, reconsideration? Is that one set today?
5 MR. BROWNSTEIN: If I may, Your Honor.
6 THE COURT: Yes, sir.
7 MR. BROWNSTEIN: Mr. Alavoor Vasudevan has
8 filed several post-trial matters with the Court. Some of
9 them are entitled motions.
10 I think all of them collectively are, in
11 essence, new trial motions, motions for rehearings or
12 reconsiderations.
13 He's also given notice of appeal that has --
14 we received notice from the Fourteenth Court of Appeals.
15 So I believe all of these collectively are,
16 in essence, a request for a new trial. I don't know if
17 Mr. Vasudevan will agree with me on that, but I think
18 collectively that's what they would represent.
19 MR. VASUDEVAN: No, it's in regards to the
20 old inventory because there were several items which were
21 not supplemented by my wife. Like she's not provide proof
22 that estates are separated estates. Also, she has not --
23 she failed to update the inventory figures.
24 And also, in my previous correspondence dated
25 21 June, 2014, I had stated that the wife has failed to
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
5
1 submit proof about abuse and physical abuse and murder and
2 financial abuse.
3 Wife has also failed to submit any medical
4 reports or police reports or videos, recording, or
5 witnesses to prove cruelty of the husband.
6 THE COURT: To prove?
7 MR. VASUDEVAN: The cruelty of the husband.
8 THE COURT: Okay.
9 MR. VASUDEVAN: The final judgment you said
10 that the husband is cruel, so the wife has not provided
11 any proof, so -- the protective order said also abuse.
12 The husband provided -- and even on the
13 inventory, Item No. 1, which is the City Bank -- and I
14 provided the proof that it's not -- it's not separate, but
15 it's a community estate.
16 So there was other items, also. In my
17 correspondence on -- dated 12 June, I said that there was
18 no abuse or cruelty; and I provided proof of my health
19 conditions, like diabetes and blindness, kidney problems,
20 and liver disease.
21 THE COURT: Let me take care of one of those
22 for you real quick. All right?
23 MR. VASUDEVAN: Uh-huh.
24 THE COURT: In your correspondence you
25 complain that there was no rape or sexual abuse.
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
6
1 MR. VASUDEVAN: Yes.
2 THE COURT: All right. There's not anything
3 in the record that says there was. What you are reading
4 is a docket entry that says: "Record, dash, R. Rape,
5 evidence presented."
6 My court reporter's name --
7 MR. VASUDEVAN: No, in her statement she was
8 saying, "I was abused sexually." That's what she said.
9 THE COURT: But in your correspondence you
10 say there was no evidence of rape. That's not what that
11 statement says. That's just -- my court reporter's last
12 name is Rape.
13 MR. VASUDEVAN: Yeah, I know that. Yes.
14 THE COURT: So let me take care of that.
15 That's not what that docket entry says.
16 MR. VASUDEVAN: Okay.
17 THE COURT: Okay?
18 MR. VASUDEVAN: Okay.
19 THE COURT: So any complaint about that,
20 that's not what that is saying.
21 MR. VASUDEVAN: Yeah, that's fine.
22 But in her statement when she was talking,
23 she was saying, "I was abused sexually and financially"
24 and all that. She was saying that.
25 THE COURT: Okay.
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
7
1 MR. VASUDEVAN: So what I'm saying is there's
2 no such thing like sexual abuse or rape or anything like
3 that and no physical injury or anything like that.
4 What it just says in the protective order,
5 it's simply written and nothing of such thing happened.
6 And I provided a copy of that protective order, also.
7 There she has simply written on there but
8 there is nothing of such thing happened and there is no
9 proof. She has not provided any proof. And there is no
10 911 calls or police reports or any of such thing.
11 She -- they simply write this protective
12 order just to get the protective order and just to throw
13 the husband out of the house. That's what they use that
14 for, I think; and probably it's all done by the lawyer and
15 not by my wife.
16 THE COURT: Mr. Brownstein.
17 MR. BROWNSTEIN: If I may respond, Your
18 Honor. On May 27th this Court heard this case. My client
19 was the only party to offer testimony and exhibits, other
20 than me regarding attorney's fees. Mr. Alavoor declined
21 to testify.
22 Immediately prior to trial -- which was May
23 27th -- on April the 2nd, we supplemented discovery. On
24 May 5th -- now, this is 2014; and the trial was May 27th,
25 2014 -- we filed our Third Amended Inventory.
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
8
1 On May the 7th, 2014, we amended our -- we
2 supplemented our inventory again. And then on May the
3 9th, 2014, we filed our Fourth Amended Inventory.
4 Your Honor, way back on June 27th, 2011 --
5 that's when the first application for a protective order
6 was entered -- the parties reached an agreement back on
7 June 28th, 2011, regarding temporary orders.
8 The case brought before you was just on the
9 divorce. The protective order and the divorce were
10 consolidated.
11 And, Your Honor, we believe that the decision
12 that you made was correct. There has been no suggestion
13 of newly discovered evidence. Mr. Alavoor is complaining
14 that he feels that your division of property was unfair
15 and that he feels it was unfair that you found grounds for
16 divorce not only insupportability but cruelty.
17 And as much as he has now appealed this to
18 the Fourteenth Court of Appeals, Your Honor, I'm asking
19 this Court to deny all post-trial motions of Mr. Vasudevan
20 in a proposed order that I have before this Court and to
21 deny a new trial.
22 We think your decision was accurate based
23 upon the evidence, and we ask that you deny all of these
24 motions.
25 MR. VASUDEVAN: I raise objection to his
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
9
1 statements, Your Honor, because what amended inventory
2 they filing, they have not updated the figures according
3 to the latest statements.
4 And also, on the protective order, what of it
5 has she written? It's not written by her. And there is
6 no proof that there was any cruelty.
7 So to date, they have not submitted anything;
8 and I asked them to. I also send a copy to the opposing
9 counsel to submit the proof, if they have any; but so far
10 I have not gotten any.
11 Also, for one of the items, No. 2, the DLR
12 interest, it's a land that she purchased during the
13 marriage; and it's, as per law, it is -- it's a community
14 estate. CHECK INTERNET COURT RECORDS FOR THIS
15 And she has not provided any proof that it's
16 a separate -- the burden lays on her to submit the proof.
17 She has not given any solid proof to the Court.
18 And also, there was some gold, which -- a lot
19 of gold she was hiding, like 14 gold bars and jewelry.
20 And all this she has not disclosed that in the inventory
21 at all. She's hiding and concealing.
22 So the inventory, whatever they submitted, is
23 wrong; and it's not correct and accurate.
24 So what I'm requesting the Court is they
25 should -- the Court should order them to correct the
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
10
1 inventory and give the latest -- update all the items.
2 And they need to update the statements and
3 submit the statements, all the financial statements.
4 So I hope that justice will be done here; and
5 if I don't get justice, then I may be forced to go to
6 appeals court, the Fourteenth Court of Appeals.
7 And I don't want to go spend that much time
8 in the Court of Appeals; and it takes a lot more time, so
9 I want to settle this in this Court.
10 THE COURT: Give me just a minute. Let me go
11 pull my notes and look at the Court's file. I'm going to
12 pull my notes and come back and let you know what we're
13 going to do.
14 MR. VASUDEVAN: Your Honor, I'll give you the
15 same copy which I sent it to you before.
16 THE COURT: I have all that. It's all
17 electronic. That's what I've been looking at.
18 MR. VASUDEVAN: You have all that. Okay.
19 (Brief recess.)
20 THE COURT'S RULING
21 THE COURT: All right. I have looked at
22 the -- I'm going to call it the Motion to Reconsider,
23 which was filed 9/12/2014 by Mr. Vasudevan. I have looked
24 at the other notices that were filed and the Notice of
25 Appeal.
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
11
1 I've also looked at the decree, the
2 inventories that were filed, and I've looked at my notes
3 from the time of the hearing.
4 And I will find that the motion for new trial
5 should be denied. The decree will stand as the final
6 order.
7 And you have already given notice of appeal,
8 so we'll let the Court of Appeals deal with it from this
9 point out.
10 MR. BROWNSTEIN: I have a proposed order I
11 believe that encompasses your ruling, Your Honor. If you
12 feel that is accurate, we ask that -- in essence, denied a
13 new trial.
14 THE COURT: Yes. All right. Anything else?
15 MR. VASUDEVAN: Your Honor, they submitted
16 the Third Amended Inventory; and they need to update the
17 inventory, so they have not updated it yet.
18 THE COURT: They filed a Fourth Amended
19 Inventory --
20 MR. VASUDEVAN: But those figures were not
21 updated. They just simply did a fourth one.
22 THE COURT: I understand you might not
23 believe that they are accurate, but that was the latest
24 inventory --
25 MR. VASUDEVAN: That's old figures.
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
12
1 THE COURT: That's the latest inventory that
2 was filed by Mr. Brownstein on behalf of his client.
3 In looking at the Court's file, I think --
4 MR. VASUDEVAN: I also filed one Third
5 Amended Inventory. You might have got it along with that.
6 THE COURT: When did you file that?
7 MR. VASUDEVAN: It was on July --
8 THE REPORTER: I'm sorry. July what?
9 MR. VASUDEVAN: 2014.
10 THE COURT: After the trial.
11 MR. VASUDEVAN: Right.
12 THE COURT: Okay. It may be filed, but it
13 was not filed such that it could be considered by the
14 Court.
15 Your inventory that I considered at the time
16 of the trial was -- I think that was filed October, 2013.
17 MR. VASUDEVAN: No, no. It was in May.
18 THE COURT: May?
19 MR. VASUDEVAN: Yeah. I took an oath; and
20 then on the same day I submitted it, an inventory.
21 THE COURT: Submitted another inventory?
22 MR. VASUDEVAN: Yes, the second inventory.
23 THE COURT: I have one that was introduced as
24 an exhibit.
25 I saw your notes to correct her inventory.
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
13
1 Did you file a separate inventory?
2 MR. VASUDEVAN: Yes.
3 THE COURT: On what day?
4 MR. VASUDEVAN: On the same day. I took an
5 oath, and then I submitted.
6 THE COURT: What day?
7 MR. VASUDEVAN: On 27th May.
8 THE COURT: 27th May. The day of trial?
9 MR. VASUDEVAN: Yeah, the day of the trial.
10 THE COURT: Okay. That may have been the
11 exhibit that was introduced. I did have an inventory that
12 was filed or introduced as an exhibit that day, but I
13 don't have the exhibits. Those are upstairs in the
14 clerk's office.
15 If it was an updated one, I did take that
16 into consideration at the time of the trial on May 27,
17 2014.
18 I can't take into consideration an inventory
19 that was filed after the trial because it would be late.
20 MR. VASUDEVAN: Okay. It would be late; but
21 for this trial, I think -- I thought you would consider
22 that in today's hearing.
23 THE COURT: Well, there's certain things that
24 have to be presented in the motion for new trial hearing;
25 and I can't tell you what those are. I can't help you
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
14
1 represent yourself.
2 I understand that you're representing
3 yourself, but I can't show you how to do those things.
4 All right?
5 So my ruling is that the motions for new
6 trial will be -- or motion to reconsider, which might also
7 be known as a motion for new trial, will be denied.
8 MR. BROWNSTEIN: May we be excused?
9 THE COURT: Yes. Thank you.
10 (Hearing concluded.)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
15
1 THE STATE OF TEXAS )
COUNTY OF BRAZORIA )
2
3 I, Kim Keeler, Deputy Court Reporter in and for
4 the 300th District Court of Brazoria County, State of
5 Texas, do hereby certify that the foregoing contains a
6 true and correct transcription of all portions of evidence
7 and other proceedings requested in writing by counsel for
8 the parties to be included in this volume of the
9 Reporter's Record, in the above-styled and numbered cause,
10 all of which occurred in open court or in chambers and
11 were reported by me.
12 I further certify that this Reporter's Record of
13 the proceedings truly and correctly reflects the exhibits,
14 if any, admitted, tendered in an offer of proof, or
15 offered into evidence.
16 I further certify that the total cost for the
17 prepartion of this Reporter's Record is $150.00 and
18 was paid by Alavoor Vasudevan.
19 WITNESS MY OFFICIAL HAND this the 12th day of
20 November, 2014.
21 /s/Kimberly Keeler
Kimberly Keeler, CSR
22 Certification Number: 8253
Expiration: December 31, 2014
23 Deputy Court Reporter, 300th Judicial District
Brazoria County
24 111 E. Locust, Rm. 401
Angleton, Texas 77515
25 (281)352-0863
KIM KEELER, CSR
DEPUTY COURT REPORTER
300TH DISTRICT COURT
Appendix B Trial Courts Judgment 27 May 2014
The trial courts judgment is given here (next page)
1
1 REPORTER'S RECORD
2 VOLUME 1 OF 3 VOLUMES
3 TRIAL COURT CAUSE NO. 63935
4 APPELLATE COURT CAUSE NO. 14-14-00765-CV
5
6 IN THE MATTER OF * IN THE DISTRICT COURT OF
THE MARRIAGE OF *
7 *
DEEPA VASUDEVAN * 300TH JUDICIAL DISTRICT
8 AND *
ALAVOOR VASUDEVAN *
9 *
AND IN THE INTEREST OF *
10 PALLAVI DEV, A CHILD * BRAZORIA COUNTY, TEXAS
11
12 ********************************************************
13 MASTER INDEX
14 ********************************************************
15
16
17
18
19
20
21
22
23
24
25
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
2
1 A P P E A R A N C E S
2
3 MR. ALAVOOR VASUDEVAN
4 PRO SE
5 Post Office Box 710163
6 Houston, Texas 77271
7 Phone: (832) 244-1927
8 PETITIONER
9
10 AND
11
12 RONALD A. BROWNSTEIN
13 SBOT NO. 03229800
14 5208 West Broadway, Suite 200
15 Pearland, Texas 77581
16 Phone: (281) 485-2770
17 ATTORNEY FOR RESPONDENT/COUNTER-PETITIONER,
18 DEEPA VASUDEVAN
19
20
21
22
23
24
25
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
3
1 CHRONOLOGICAL INDEX
2 VOLUME 1 - MASTER INDEX
3
4 VOLUME 2 - TRIAL ON FINAL MERITS
5 MAY 27, 2014 PAGE VOL
6 Witnesses Sworn by the Court .................. 6 2
7
8 COUNTER-PETITIONER/
9 RESPONDENT'S WITNESSES DIRECT CROSS REDIRECT RECROSS VOL
10 Vasudevan, Deepa 8 59 81 2
11 Brownstein, Ronald Allen 83 86 2
12
13 Counter-Petitioner/Respondent Rests ........... 88 2
14 Petitioner Offers Exhibits .................... 88 2
15 Petitioner Rests .............................. 92 2
16 Court's Orders ................................ 92 2
17 Court Adjourned ............................... 96 2
18 Court Reporter's Certificate .................. 97 2
19
20 VOLUME 3 - MOTION FOR NEW TRIAL
21 OCTOBER 8, 2014 PAGE VOL
22 Appearances ................................... 2 3
23 Motion for New Trial .......................... 4 3
24 Court's Ruling ................................ 10 3
25 Adjournment ................................... 14 3
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
4
1 CHRONOLOGICAL INDEX CONTINUED
2 VOLUME 3 - MOTION FOR NEW TRIAL - (continued)
3 OCTOBER 8, 2014 PAGE VOL
4 Court Reporter's Certificate .................. 15 3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
5
1 ALPHABETICAL INDEX OF WITNESSES
2 WITNESS' NAME DIRECT CROSS REDIRECT RECROSS VOL
3 Brownstein, Ronald Allen 83 86 2
4 Vasudevan, Deepa 8 59 81 2
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
6
1 OFFICIAL REPORTER'S RECORD
2 CERTIFICATION PAGE
3
4 THE STATE OF TEXAS)
5 COUNTY OF BRAZORIA)
6
7 I, Renee Rape, Official Court Reporter in and for the
300th District Court of Brazoria County, State of Texas,
8 do hereby certify that the above and foregoing contains
a true and correct transcription of all portions of
9 evidence and other proceedings requested in writing by
counsel for the parties to be included in this volume of
10 the Reporter's Record, in the above-styled and numbered
cause, all of which occurred in open court or in
11 chambers and were reported by me.
12 I further certify that this Reporter's Record of the
proceedings truly and correctly reflects the exhibits,
13 if any, admitted by the respective parties.
14 I further certify that the total cost for the
preparation of this Reporter's Record is $576.00 and was
15 paid/will be paid by Petitioner, Mr. Alavoor Vasudevan.
16 WITNESS MY OFFICIAL HAND this the 17th day of November,
2014.
17
18
19 /s/Renée Rape ____________
Renée Rape, Texas CSR# 4031
20 Expiration Date: 12-31-16
Official Court Reporter, 300th District Court
21 Brazoria County, Texas
111 East Locust, RM 402
22 Angleton, Texas 77515
979-864-1229
23
24
25
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
1
1 REPORTER'S RECORD
2 VOLUME 2 OF 3 VOLUMES
3 TRIAL COURT CAUSE NO. 63935
4 APPELLATE COURT CAUSE NO. 14-14-00765-CV
5
6 IN THE MATTER OF * IN THE DISTRICT COURT OF
THE MARRIAGE OF *
7 *
DEEPA VASUDEVAN * 300TH JUDICIAL DISTRICT
8 AND *
ALAVOOR VASUDEVAN *
9 *
AND IN THE INTEREST OF *
10 PALLAVI DEV, A CHILD * BRAZORIA COUNTY, TEXAS
11
12 ********************************************************
13 TRIAL ON FINAL MERITS
14 ********************************************************
15 On the 27th day of May, 2014, the following proceedings
16 came on to be heard in the above-entitled and numbered
17 cause before the Honorable K. Randall Hufstetler, Judge
18 presiding, held in Angleton, Brazoria County, Texas.
19
20 Proceedings reported by Machine Shorthand Method.
21
22
23
24
25
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
2
1 A P P E A R A N C E S
2
3 MR. ALAVOOR VASUDEVAN
4 PRO SE
5 Post Office Box 710163
6 Houston, Texas 77271
7 Phone: (832) 244-1927
8 PETITIONER
9
10 AND
11
12 RONALD A. BROWNSTEIN
13 SBOT NO. 03229800
14 5208 West Broadway, Suite 200
15 Pearland, Texas 77581
16 Phone: (281) 485-2770
17 ATTORNEY FOR RESPONDENT/COUNTER-PETITIONER,
18 DEEPA VASUDEVAN
19
20
21
22
23
24
25
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
3
1 I N D E X
2 MAY 27, 2014 PAGE VOL
3 Witnesses Sworn by the Court .................. 6 2
4
5 COUNTER-PETITIONER/
6 RESPONDENT'S WITNESSES DIRECT CROSS REDIRECT RECROSS VOL
7 Vasudevan, Deepa 8 59 81 2
8 Brownstein, Ronald Allen 83 86 2
9
10 Counter-Petitioner/Respondent Rests ........... 88 2
11 Petitioner Offers Exhibits .................... 88 2
12 Petitioner Rests .............................. 92 2
13 Court's Orders ................................ 92 2
14 Court Adjourned ............................... 96 2
15 Court Reporter's Certificate .................. 97 2
16
17
18
19
20
21
22
23
24
25
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
4
1 EXHIBIT INDEX
2 PETITIONER'S EXHIBITS
3 NO. DESCRIPTION OFFERED ADMITTED VOL
4 1 Second Amended Inventory and 88 90 2
5 Appraisement of Alavoor
6 Vasudevan
7 2 Objections to Inventory Filed 90 X 2
8 By Wife on 9 May 2014
9 5 Citibank Account Statement for 67 X 2
10 April 1, 2003 to March 31, 2004
11 12 Wedding Photographs Showing 71 X 2
12 Gold, Diamonds, Jewelry
13 13 Handwriting Diary of Wife 71 X 2
14 14 1. Bank of America Payment 71 75 2
15 Notice, 7-1-13 to 6-30-14
16 2. Bank of America Payment
17 Notice, 7-1-08 to 6-30-09
18 3. Bank of America Account Statement
19 August, 2001 - Pages 1 and 2 of 13
20 4. Bank of America Account Statement
21 August, 2001 - Pages 7 and 8 of 13
22 5. Bank of America Account Statement
23 July, 2002 - Pages 1 and 2 of 13
24 6. Bank of America Account Statement
25 July, 2002 - Pages 3 and 4 of 13
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
5
1 EXHIBIT INDEX CONTINUED
2 PETITIONER'S EXHIBITS
3 NO. DESCRIPTION OFFERED ADMITTED VOL
4 14 7. Handwritten Notes 71 X 2
5 15 Handwritten Notes 71 X 2
6 16 Samples of Identity Thefts and 72 X 2
7 Article from Odisha Sun Times
8
9 RESPONDENT/COUNTER-PETITIONER'S EXHIBITS
10 NO. DESCRIPTION OFFERED ADMITTED VOL
11 1 Bank of America Account 31 32 2
12 Activity as of 10-28-13
13 2 Letters between Petitioner 33 33 2
14 and Mr. Ron Brownstein
15 3 Deepa Vasudevan's Motion to 36 38 2
16 Compel Discovery and for
17 Sanctions and Protective Order
18 4 Affidavit for Business Records 41 42 2
19 For Deepa Vasudevan
20 5 Fourth Amended Inventory and 43/50 50 2
21 Appraisement of Deepa Vasudevan
22 6 Photograph 49 49 2
23 7 Photograph 52 52 2
24 8 Attorney's Fees for Ronald 85 86 2
25 Allen Brownstein
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
6
1 MAY 27, 2014
2 THE COURT: All right. All those who are
3 going to be testifying in the Vasudevan matter, please
4 stand and raise your right hand to be sworn.
5 (The witnesses were sworn by the Court.) 11:34AM
6 THE COURT: All right. Please have a seat
7 at counsel table, and we will get started.
8 All right. Mr. Brownstein?
9 MR. BROWNSTEIN: Well, Your Honor, I am the
10 Counter-Petitioner in this case. I would be glad to 11:35AM
11 proceed forward if Alavoor would allow me to do so.
12 THE COURT: Mr. Vasudevan?
13 MR. VASUDEVAN: Yes, sir.
14 THE COURT: You are representing yourself?
15 MR. VASUDEVAN: Yes, Your Honor. 11:35AM
16 THE COURT: And you understand this is on
17 final today?
18 MR. VASUDEVAN: Yes.
19 THE COURT: Give me just one second.
20 And this was consolidated with another case, 11:37AM
21 66539.
22 MR. VASUDEVAN: Yes.
23 THE COURT: So, we have 63935 and 66539.
24 Everything is in the older matter. And we're still
25 working with your original petition; is that correct? 11:37AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
7
1 MR. VASUDEVAN: Yes.
2 THE COURT: And, Mr. Brownstein, you have --
3 is it still your original Counter-Petition, or have you
4 had an amended?
5 MR. BROWNSTEIN: The original 11:38AM
6 Counter-Petition was filed by previous counsel from
7 Scott Brown's office. I had filed a First Amended
8 Counter-Petition and supplemented that twice, the most
9 recent of which was a name change request, Your Honor.
10 So, my active pleadings are my First Amended 11:38AM
11 Counter-Petition with two supplemental -- two
12 supplements to that document, Your Honor.
13 THE COURT: November 22, 2013, and
14 December 16, 2013. I have both of those.
15 All right. Mr. Vasudevan, do you want to 11:39AM
16 proceed as the Petitioner, or do you want Mr. Brownstein
17 to proceed first as the Counter-Petitioner? Your
18 choice.
19 MR. VASUDEVAN: It doesn't matter. He can
20 proceed. 11:39AM
21 THE COURT: Thank you.
22 Mr. Brownstein, on your Counter-Petition.
23 MR. BROWNSTEIN: Your Honor, I first ask the
24 Court to take judicial notice of the entire file in this
25 case, including the original Application for Protective 11:39AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
8
1 Order of which this, being the older case, has now been
2 consolidated with the divorce action.
3 THE COURT: I'll take notice of both files
4 in 63935 and 66539.
5 MR. BROWNSTEIN: All right. I would like to 11:40AM
6 call my client, Mrs. Deepa Vasudevan.
7 THE COURT: Once you're seated, if you'll
8 pull that microphone in front of you, please.
9 You may proceed.
10 DEEPA VASUDEVAN, 11:40AM
11 and having been first duly sworn, testified as follows:
12 DIRECT EXAMINATION
13 BY MR. BROWNSTEIN:
14 Q. Please tell the Judge your name.
15 A. Deepa Vasudevan. 11:40AM
16 Q. And may I address you as Deepa, since that's how
17 I've known you for over two years in this case?
18 A. Yes.
19 Q. Mrs. Deepa, prior to filing your lawsuit and
20 Counter-Petition for divorce, you first filed an 11:40AM
21 Application for a Protective Order against your husband;
22 is that correct?
23 A. Yes.
24 Q. Are you married to Alavoor Vasudevan?
25 A. Yes. 11:41AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
9
1 Q. When did the two of you marry?
2 A. March, 1992.
3 Q. And when did you separate, more or less, living
4 together as husband and wife?
5 A. Around June. I filed for the Protective Order 11:41AM
6 in June of 2011.
7 Q. Prior to filing your -- and you subsequently
8 then filed with Scott Brown's office a Petition or a
9 Counter-Petition for divorce; is that correct?
10 A. Yes. 11:41AM
11 Q. Prior to filing your Counter-Petition for
12 divorce, did you live in the state of Texas at least six
13 months and Brazoria County the preceding 90-day period?
14 A. Yes.
15 Q. Approximately six months before you filed for 11:41AM
16 divorce, you filed your Application for Protective
17 Order; is that correct?
18 A. Yes.
19 Q. Why did you seek the protection of the Court?
20 A. Because at the point that I filed for it, I had 11:42AM
21 the injury to myself and I was not in a safe
22 environment; and both for me and my daughter, I needed
23 some protection because I was abused both mentally,
24 physically, as well as sexually by my husband.
25 Q. And in your Application for Protective Order, 11:42AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
10
1 there was attached an affidavit which accused your
2 husband of certain activity. Is it true --
3 A. Yes.
4 Q. -- that your husband threatened to kill you and
5 your daughter? 11:42AM
6 A. Yes.
7 Q. Is it true that he threatened to burn down the
8 house with you and your daughter in it?
9 A. Yes.
10 Q. Is it true that your husband had a history or 11:43AM
11 pattern of physically assaults upon you?
12 A. Yes.
13 Q. Would he grab you and shake you?
14 A. Yes.
15 Q. Why would he do that? 11:43AM
16 A. In most cases, it was as if it was because he
17 wanted to either get physical with me or if there was a
18 disagreement on any issue relating to finances.
19 Q. On June 26, 2011, the day before you filed
20 your -- or prepared your affidavit, is it true that he 11:43AM
21 followed you into the bathroom and started shaking you
22 and pinning you against the bathroom wall?
23 A. Yes.
24 Q. Who came to your rescue?
25 A. I called one of my friends, and her husband 11:43AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
11
1 came. They lived in the neighborhood, and they came to
2 help me.
3 Q. Was your daughter in the house at this time?
4 A. She was. She was sleeping upstairs.
5 MR. BROWNSTEIN: May I approach, Your Honor? 11:44AM
6 THE COURT: Yes, sir.
7 Q. (BY MR. BROWNSTEIN) As a result of your
8 Application for Temporary Orders -- for a Protective
9 Order, you and your husband and his respective attorney
10 agreed to Temporary Orders; is that correct? 11:44AM
11 A. Yes.
12 MR. BROWNSTEIN: Judge, these were filed
13 with the Court on July 22nd, 2011.
14 Q. (BY MR. BROWNSTEIN) In the Temporary Orders,
15 was it agreed upon at that time that although the two of 11:44AM
16 you did not agree and use the term "conservator", that
17 you were appointed the primary custodian of your
18 daughter?
19 A. Yes.
20 Q. Your daughter was what age at that time? 11:44AM
21 A. She was 15 and a half.
22 Q. Okay. And she was going to public schools; is
23 that correct?
24 A. Yes.
25 Q. And pursuant to the terms of the agreement, you 11:45AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
12
1 were agreed to have exclusive rights to designate where
2 the child lived within Brazoria and the surrounding
3 counties?
4 A. Yes.
5 Q. Exclusive right to consent to medical and 11:45AM
6 surgical treatment involving any invasive procedures?
7 A. Yes.
8 Q. Exclusive right to psychiatric and psychological
9 treatment of the child?
10 A. Yes. 11:45AM
11 Q. Exclusive right to receive support for the
12 child, child support?
13 A. Yes.
14 Q. Exclusive right to represent the child in legal
15 action; to agree, if you so consented, to early marriage 11:45AM
16 or enlistment in the armed forces; to make educational
17 decisions; and to manage her estate, all of these being
18 exclusively awarded to you in this agreement; is that
19 correct?
20 A. Yes. 11:45AM
21 Q. Regarding your husband's possession or access to
22 the child, was it agreed that any access by your
23 husband, Alavoor, was to be supervised by a friend or a
24 family member designated by you?
25 A. Yes. 11:46AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
13
1 Q. And that no specific times and dates were
2 awarded to him on visitation.
3 A. Yes.
4 Q. And you both agreed that was in the best
5 interest of the child. 11:46AM
6 A. Yes.
7 Q. Why didn't -- did the child want to be around
8 the father?
9 A. The child has had actually no bond at all with
10 the father. He had not spent any time with her. Her 11:46AM
11 complete care from when she was born close to about four
12 years was helped by my mother because I was doing my
13 residency. And after that, after my mom passed, it was
14 pretty much under -- she was under my care.
15 So, she had no bond whatsoever. There has 11:46AM
16 never been a day that she's been alone with her father
17 taking care of her. So, she was very, very nervous
18 about staying with him. And after the threatening
19 episode in June, there was definitely no -- I was very
20 nervous and so was she to spend any amount of time with 11:47AM
21 him alone.
22 Q. As a matter of fact, since the date of your
23 Protective Order hearing, which occurred on July the
24 19th, 2011; is that correct?
25 A. Yes. 11:47AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
14
1 Q. To today's date, has the father ever had the
2 child spend overnight access with him?
3 A. No.
4 Q. How many times has the father, your husband,
5 physically been in the presence of the child for 11:47AM
6 visitation or access?
7 A. I would say three to four times.
8 Q. And have all of those times been supervised?
9 A. Yes.
10 Q. And have sometimes you've been the person to 11:47AM
11 supervise that visitation?
12 A. Yes.
13 Q. Regarding the child support, did you agree that
14 Mr. Vasudevan, your husband, would pay child support as
15 deemed appropriate by him? 11:48AM
16 A. Yes.
17 Q. Until September of 2011, at which time -- at
18 that time, either party could seek additional orders; is
19 that correct?
20 A. Yes. 11:48AM
21 Q. As part of your agreement in this Protective
22 Order application, did you also agree that both of you
23 would attend a parent education and family stabilization
24 course?
25 A. Yes. 11:48AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
15
1 Q. And that you would present proof that you have
2 taken that course and filed your certificate with the
3 Court?
4 A. Yes.
5 Q. Did you take that course? 11:48AM
6 A. Yes.
7 Q. And did you file that certificate with the
8 Court?
9 A. Yes.
10 Q. Do you know if your husband ever filed any 11:48AM
11 certificate with the Court?
12 A. I'm not aware.
13 Q. All right. Was your husband also ordered to
14 attend at least ten sessions of anger management?
15 A. Yes. 11:49AM
16 Q. Did he ever tell you if he had attended all ten
17 sessions or at least ten sessions?
18 A. He did not tell me.
19 Q. You also agreed at the time of the hearing on
20 your Protective Order that the residence of the parties, 11:49AM
21 3402 Castle Pond, that you would be awarded the
22 exclusive use of that house.
23 A. Yes.
24 Q. And that you would have the exclusive use of
25 your Mercedes. 11:49AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
16
1 A. Yes.
2 Q. And that your husband, if he has not already
3 vacated, vacate the premises; is that correct?
4 A. Yes.
5 Q. You each had exclusive use of certain vehicles. 11:49AM
6 And there was an issue regarding a pink
7 computer that was addressed in the Temporary Orders. He
8 was ordered to return the pink computer belonging to
9 your daughter, Pallavi; is that correct?
10 A. Yes. 11:50AM
11 Q. Now, tell me the date of birth of Pallavi, if
12 you know it.
13 A. 12-7-1995.
14 Q. Did you and your husband acquire a pink computer
15 for your daughter's education? 11:50AM
16 A. Yes.
17 Q. At that time, was she doing very well in school?
18 A. Extremely well.
19 Q. As a matter of fact, has she graduated number
20 one in her class at Dawson High School in Pearland, 11:50AM
21 Texas?
22 A. Yes.
23 Q. She's the valedictorian.
24 A. Yes.
25 Q. What would she use that pink computer for? 11:50AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
17
1 A. She had all of her files on -- all the Word
2 files that she used to do her school work on, she had
3 saved them on that file.
4 And after the Protective Order was filed,
5 two hours later, my husband came to the house when he 11:51AM
6 was ordered not to by the Court. And my daughter was
7 with her -- the housekeeper. And he came, disconnected
8 all the connections, all the computer connections, took
9 her pink laptop which was there, and left at that point.
10 And so, she was distraught because all her 11:51AM
11 work was on the computer. And hence, I had to come back
12 and file, so that way I was able to get that computer
13 back to her, at least to get all the files transferred
14 back to a new computer, if I needed to.
15 Q. All right. And did Alavoor return the computer 11:51AM
16 back to your daughter?
17 A. After the Court ordered, yes.
18 Q. Okay.
19 MR. BROWNSTEIN: Your Honor, I have not
20 marked the Temporary Orders as an exhibit since it's a 11:51AM
21 part of the Court's file. But if you wanted a written
22 copy -- I didn't know which is easier for you to review,
23 if it's --
24 THE COURT: I have it electronically.
25 MR. BROWNSTEIN: So, you do not need it for 11:52AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
18
1 that purpose.
2 THE COURT: I don't need it unless you want
3 it marked as an exhibit. It's up to you.
4 MR. BROWNSTEIN: No, I do not, Your Honor.
5 THE COURT: All right. Thank you. 11:52AM
6 Q. (BY MR. BROWNSTEIN) Deepa, would you tell us a
7 little bit about your educational background?
8 A. I am an MD by my degree, and I finished my
9 medical school in India in 1992. And I had, in Europe,
10 internship that I did not complete. And I got married 11:53AM
11 and I came to the United States, did my exams, went back
12 to finish the course, and then did my residency here
13 with the University of Texas.
14 So, I have an undergraduate degree, which is
15 from India, and then an MD, which is also from India. 11:53AM
16 But passing my exams, I was able to start my residency
17 in the United States.
18 Q. All right. And tell me a little bit about your
19 employment history.
20 A. Okay. So, I started my residency 1995, June. 11:53AM
21 And before that, I was here for a very short time. I
22 came in here in 1993, joined my husband for about seven
23 months, did my exams, went back, finished all the
24 required training, the internship that I had to do.
25 Came back in early '95, took all my interviews, and then 11:53AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
19
1 started working in 1995. From '95 to '98, I was an
2 intern at the University of Texas in Houston.
3 Q. All right. I'm going to stop you. During your
4 internship, '95 through '98 --
5 A. Yes. 11:54AM
6 Q. -- what was your approximate salary or income?
7 A. About 36,000.
8 Q. All right.
9 A. Annually.
10 And then in 1998, September, I was offered 11:54AM
11 the position of a faculty with the university and I
12 accepted that and that's where I am presently employed
13 to.
14 Q. Can you tell us approximately the incomes you
15 have made since becoming a faculty member at the 11:54AM
16 University of Texas?
17 A. So, initially, I started off at 110 to 120,000.
18 And then progressively -- for a couple of years, I
19 stayed at that salary and then went up to about 150 and
20 -- for another few years. And then last year, I was 11:54AM
21 promoted; and I'm right now at 195,000.
22 Q. All right. Of the marriage, Pallavi was the
23 only child born; is that correct?
24 A. Yes.
25 Q. You have identified her on your petition as -- 11:55AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
20
1 her name as Pallavi, last name, D-e-v; is that correct?
2 A. Yes.
3 Q. No other children were born or adopted during
4 your marriage?
5 A. No. 11:55AM
6 Q. And you are not expecting a child at this time.
7 A. No.
8 Q. As grounds for divorce, you have alleged two
9 grounds. One, that your marriage has become
10 insupportable due to discord or conflict of 11:55AM
11 personalities between you and your husband that destroys
12 the legitimate ends of the marriage relationship and
13 prevents any reasonable expectation of reconciliation.
14 Is that true?
15 A. Yes. 11:55AM
16 Q. You've also alleged that your husband is guilty
17 of cruel treatment towards you of a nature that renders
18 further living together insupportable. Is that also
19 true?
20 A. Yes. 11:56AM
21 Q. Can you be more specific and give examples of
22 how your husband's cruel treatment has caused you to
23 seek this divorce?
24 A. To go back a little bit, ours was an arranged
25 marriage. And it was in 1992 that our families arranged 11:56AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
21
1 the wedding. And my husband returned back to the United
2 States after the wedding in March of 1992. I joined him
3 in January of 1993 for a short time.
4 The -- and then the first three years we
5 spent a little time just because of my travel between 11:56AM
6 India and here. So, I did not know him very well at
7 that point. After coming and spending some time with
8 me, I've always had -- it's always been what he's
9 wanted, whether it's been emotional, physical, sexual.
10 It's never been what I have wanted. It's always been -- 11:57AM
11 that was always the way it worked. And I was new. I
12 was young. I was about 22. So, I didn't -- and I came
13 from a very different culture where I was raised very
14 differently.
15 We had Pallavi in 1995, about a year after I 11:57AM
16 had stayed with him. And all through the pregnancy, he
17 had not come with me even for maybe one visit to the
18 physician. Never offered any emotional, financial, or
19 physical support of any kind. It was just, you know, a
20 way to -- just fathering a child. That was all that was 11:57AM
21 important to him.
22 After the child was born, I was a resident
23 and so, my mother did come here to help me with the
24 child. She took care of the child most of the time for
25 about four years. During those times, there was very 11:57AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
22
1 minimal help offered, whether it was taking care of her,
2 whether it was taking her to the doctors. I had a
3 full-time housekeeper who would help my mother take care
4 of the child's needs. The child slept with my mother in
5 her room. 11:58AM
6 There was never an emotional bonding that
7 was there with him and his child. And after I started
8 my -- I finished my residency, I became the primary
9 caretaker of the child. All her visits, all her school
10 care, everything related to Pallavi was done by me. 11:58AM
11 In 2007, I lost my mother to breast cancer.
12 At that point, he started mentally, as well as
13 emotionally, abusing me. It was like the child was
14 always the center. He knew that the child was my
15 weakest link; and so, it was always I'm going to tell 11:58AM
16 the child or I'm going to take her here or -- it was
17 very different.
18 Never provided for her. And I used to go to
19 work and never be sure that I would come back and have
20 the child fed or even taken to any of the activities she 11:59AM
21 needed. We had a housekeeper who did most of the work.
22 Emotionally, it was very difficult because
23 it was always about what he wanted and I had to give in
24 just because we had a very young child. I was unsure of
25 the system. I had just lost my mother. I was probably 11:59AM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
23
1 at my lowest time.
2 At that time, financially, he made several
3 steps where he actually closed out an account, took
4 money away. And so, at that point, I had to start
5 making some financial decisions myself and that was 11:59AM
6 difficult for him to digest and he emotionally got
7 worse.
8 This continued for about ten years where I
9 was the primary caretaker for Pallavi. Even for a
10 breakfast appointment, like a breakfast with dad, I had 11:59AM
11 to send money with the child, so that he could get a
12 donut for her -- I mean, she could buy him a donut
13 instead of the other way around.
14 About when she was 15, I think, my patience
15 broke and it was getting -- every single day was a 12:00PM
16 challenge. Either it was physical, it was mental, it
17 was emotional or sexual. And finally, I think a time
18 came where I couldn't handle; and I moved upstairs into
19 a bedroom upstairs. And I think that was the one where
20 the physical abuse got quite strong. 12:00PM
21 I actually had to call in several friends
22 several times to talk to him because he was under the
23 impression that if he wanted something, he got it,
24 whether it was physical, mental, financial, or sexual.
25 And when I moved into a separate bedroom, I 12:00PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
24
1 think it was very difficult for him to understand that,
2 you know, he was not getting what he needed. At that
3 point, I think the physical abuse got worse.
4 And I had kept my child very separate from
5 all this. Whatever was happening between us was always 12:00PM
6 between four walls. But I think with this, it sort of
7 separated out and my child got to see some of it. And I
8 think when one of -- when I woke up one day and I walked
9 down, that was when he pinned me down and I was very
10 nervous. I thought that would have been my last day. I 12:01PM
11 did not think I would survive that, and I'm glad I did.
12 And that's when I made the decision to say
13 that I needed to file for -- I couldn't take the
14 physical, mental, as well as sexual torture anymore.
15 So, that's when I filed for the Temporary Orders. 12:01PM
16 THE COURT: All right. We're going to
17 recess for lunch. See y'all at 1:00 o'clock.
18 (Recess was taken.)
19 THE COURT: All right. Let's continue.
20 Mr. Brownstein? 01:14PM
21 MR. BROWNSTEIN: Yes, Your Honor. May I
22 proceed?
23 THE COURT: Yes, sir.
24 Q. (BY MR. BROWNSTEIN) Deepa, tell the Judge a
25 little bit about your husband's educational background 01:15PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
25
1 and his work history.
2 A. He has an undergraduate degree in engineering
3 from India, which is called BS. And he has an MS from
4 university -- University of Texas El Paso here. And
5 he's done several courses online, as well as he's 01:15PM
6 pursuing a PhD, I think.
7 Q. All right. And is his pursuit of a PhD, is that
8 in computer engineering or a computer science field?
9 A. I think it is in computer science.
10 Q. And has your husband been employed throughout 01:15PM
11 the marriage?
12 A. Through most of the marriage, yes, he's been
13 employed. He had a few months probably in 2003 that he
14 was looking for work in between, but most of the time
15 all throughout he has been employed. 01:16PM
16 Q. All right. Can you tell us the type of
17 employment, who his -- who his employers were and his
18 approximate income?
19 A. In California where we were initially, he was
20 working for a company called Amdahl; and he made 01:16PM
21 anywhere between 80 to 120,000. And then after that, he
22 worked for an accounting corporation in Houston. And
23 subsequent to that, he changed -- he's worked for the, I
24 think, San Jac college. He has worked for other
25 companies, and his income has been anywhere between 80 01:16PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
26
1 to 110,000.
2 Q. Is he employed today?
3 A. Yes.
4 Q. Okay. Who is he currently employed with?
5 A. I'm not sure, but I think ABB is what I was 01:17PM
6 told.
7 Q. All right. And his approximate income today is
8 what?
9 A. About 90 to 100,000.
10 Q. As your child is getting ready for graduation, 01:17PM
11 tell me about her future plans.
12 A. My daughter wants to pursue medicine as a
13 career; so, she looked at several undergraduate
14 colleges. And we went -- and we were in-state touring,
15 as well as out of state. And she has decided to go to 01:17PM
16 University of Texas Dallas, the provision with admission
17 to Southwestern Medical School in Dallas.
18 Q. And how many campuses or universities did you
19 join her in looking at before she made her decision?
20 A. We went to about six campuses, and I was there 01:18PM
21 in all of them.
22 Q. And, Deepa, tell me about your future.
23 By the way, you and your husband are both
24 naturalized U.S. citizens; is that correct?
25 A. Yes. 01:18PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
27
1 Q. And what are your future plans regarding service
2 to our country?
3 A. At this point since my biggest commitment, which
4 was my daughter, is going to go off to college, it has
5 given me some chance -- I always wanted to give back to 01:18PM
6 the country that gave me quite a bit. So, I'm planning
7 to be a reservist in the Army for -- for a couple of
8 years. So, I've already talked to the U.S. Army
9 recruiters. I haven't decided on a date because my
10 daughter is still a little nervous, but I probably will 01:18PM
11 do that next year.
12 And that entails two months out of the year
13 that I need to go and serve at one of the Army bases;
14 and if there is a need determined, I will be asked to go
15 serve in that area. And that may mean that with the 01:18PM
16 state I may be -- I will have to give a temporary
17 resignation with the fact that since it's a federal
18 opportunity, I will be given my job back when I do come
19 back from service.
20 Q. As a reservist, is it possible that you could be 01:19PM
21 called up for an indefinite time period if the military
22 branch so chooses?
23 A. Yes, that's a possibility.
24 Q. Okay. In July 13 of 2012, you filed a Motion to
25 Modify the Temporary Orders seeking child support; is 01:19PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
28
1 that correct?
2 A. Yes.
3 Q. And why did you do that?
4 A. Because initially when we came and I got the
5 Temporary Orders, my husband was supposed to pay child 01:19PM
6 support as deemed appropriate; but he never paid me any
7 support. And hence, I had to file a motion to ask him
8 to pay child support.
9 Q. As a matter of fact, he contributed no support
10 to you from the date of your hearing on the Temporary 01:20PM
11 Orders on your Protective Order, that was July 22nd of
12 2011, until September 1st of 2012; is that correct?
13 A. Yes.
14 MR. VASUDEVAN: Objection, please, because I
15 was told not to give her any support by -- 01:20PM
16 THE COURT: I didn't understand. You were
17 told what?
18 MR. VASUDEVAN: I was told not to give her
19 any support or anything because of the court order.
20 THE COURT: Okay. Go ahead. 01:20PM
21 Q. (BY MR. BROWNSTEIN) So, that period, September,
22 2011 -- I mean, July, 2011, through September of 2012,
23 was 14 months where he contributed nothing to the
24 support of you and your child; is that correct?
25 A. Yes. 01:20PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
29
1 Q. You and your husband reached an agreement with
2 his attorney at that time for additional Temporary
3 Orders; is that correct?
4 A. Yes.
5 Q. And commencing -- and that was a court order of 01:21PM
6 this Court.
7 MR. BROWNSTEIN: May I approach again, Your
8 Honor?
9 THE COURT: Yes, sir.
10 Q. (BY MR. BROWNSTEIN) Deepa, you and your husband 01:21PM
11 reached an agreement that was filed with the Court on
12 September the 11th, 2012, now ordering your husband to
13 pay child support; is that correct?
14 A. Yes.
15 Q. And was he ordered to pay you $1,200 per month 01:22PM
16 beginning September 1st, 2012?
17 A. Yes.
18 Q. And a like payment due and payable on each month
19 until further order of the Court; is that correct?
20 A. Yes. 01:22PM
21 Q. And did your husband initially pay his
22 Court-ordered support of $1,200 per month?
23 A. He started -- I think, the first month was
24 September; and since then, he did not pay one month of
25 child support from the time he was ordered to now. 01:22PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
30
1 Q. Okay. All right. Did it come to pass that in
2 November of 2012 -- well, let me have my outline back.
3 I'm going to hand you what is marked as
4 Respondent's Exhibit Number 1. And is this a record of
5 your bank records where your husband was making direct 01:23PM
6 deposits of child support?
7 A. Yes.
8 Q. All right. He was not ordered to pay through
9 the Child Support Office; is that correct?
10 A. Yes. 01:23PM
11 Q. All right. For the payment of November, 2012,
12 did he pay you $1,200?
13 A. No.
14 Q. How much did he pay you?
15 A. It says $1,048.36. 01:23PM
16 Q. Do you know why he paid you less than the $1,200
17 he was ordered to pay?
18 A. Because he took me and my daughter out for
19 dinner; and so, the cost of the dinner was --
20 MR. VASUDEVAN: Objection, Your Honor. This 01:24PM
21 is not correct. This is the utility bill I paid. Maybe
22 that's --
23 MR. BROWNSTEIN: Your Honor, opposing
24 counsel will get a chance to cross-examine her.
25 THE COURT: Go ahead. 01:24PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
31
1 Q. (BY MR. BROWNSTEIN) Okay. So, he paid you less
2 than 1,200 --
3 A. Yes.
4 Q. -- because he took you out to dinner.
5 A. Yes. 01:24PM
6 Q. That difference was $151.64.
7 A. Yes.
8 Q. Was that the cost of the dinner?
9 A. Yes.
10 Q. And in which he participated, as well. 01:24PM
11 A. Yes.
12 Q. Did he also miss a payment in July of 2013?
13 A. Yes.
14 Q. Okay. Has he ever caught that payment up?
15 A. No. 01:24PM
16 Q. Okay. Does Respondent's Exhibit Number 1
17 evidence the November payment of 2012 that he was short
18 and also evidence that there is no payment or no credit
19 for child support that he delivered into your bank
20 account for the month of July of 2012? 01:25PM
21 A. Yes.
22 MR. BROWNSTEIN: I'm going to offer
23 Respondent's Exhibit Number 1.
24 (Discussion off the record between
25 Mr. Brownstein and Mr. Vasudevan.) 01:25PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
32
1 MR. BROWNSTEIN: Your Honor, I'm going to
2 offer Respondent's Exhibit Number 1.
3 THE COURT: Any objection?
4 MR. VASUDEVAN: Yes, Your Honor. On this,
5 the 1,048, that is due to the utility bill, which came 01:25PM
6 to my address.
7 THE COURT: That's cross. You'll have an
8 opportunity to ask her some questions. All I'm asking
9 you right now is do you object to this being a copy of a
10 bank statement -- 01:25PM
11 MR. VASUDEVAN: No.
12 THE COURT: -- of the witness?
13 All right. One is admitted.
14 MR. BROWNSTEIN: Thank you, Your Honor.
15 Q. (BY MR. BROWNSTEIN) Additionally, did you have 01:25PM
16 your attorney send your husband a letter, among other
17 things, indicating that he was behind in his child
18 support?
19 A. Yes.
20 Q. Okay. And is Respondent's Exhibit Number 2 a 01:26PM
21 true and correct copy of the letter sent to your
22 husband, among other things, notifying him that he was
23 behind in his child support of past due?
24 A. Yes.
25 Q. Okay. Attached as part of Respondent's Exhibit 01:26PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
33
1 Number 2, is this a true and correct copy of the
2 response, in part, received by you or your attorney
3 indicating that Alavoor indicated that there was a delay
4 due to a technical problem on the bank website?
5 A. Yes. 01:26PM
6 Q. Is that correct?
7 MR. BROWNSTEIN: Do you have any objections
8 to our correspondences?
9 MR. VASUDEVAN: No.
10 MR. BROWNSTEIN: Okay. No objection, Your 01:27PM
11 Honor, I ask that Respondent's Number 2 be admitted.
12 THE COURT: Two will be admitted.
13 Q. (BY MR. BROWNSTEIN) On or about February 14th
14 of 2013, did your husband file a Motion to Compel
15 Discovery? 01:27PM
16 A. Yes.
17 Q. All right. And at this time, he was no longer
18 being represented by Annette Henry? He was representing
19 himself.
20 A. Yes. 01:27PM
21 Q. Okay. And was hearing held on that Motion to
22 Compel on March 11th, 2013?
23 A. Yes.
24 Q. At the hearing on March 11, 2013, the Court made
25 a ruling denying your husband's Motion to Compel 01:28PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
34
1 Production; is that correct?
2 A. Yes.
3 Q. And in addition, the Court ordered your husband
4 to pay you $600 in attorney's fees and costs on or
5 before March 18th, 2013; is that correct? 01:28PM
6 A. Yes.
7 Q. Did you ever receive that payment?
8 A. No.
9 Q. As we sit here today, your husband continues to
10 violate that Court order by not paying the $600; is that 01:28PM
11 correct?
12 A. Yes.
13 Q. Shortly after the hearing, on March the 19th,
14 your husband filed a request for court order on the
15 Motion to Compel that the Judge just made a ruling on; 01:29PM
16 is that correct?
17 A. Yes.
18 Q. And he also submitted to the Court a court order
19 for the Judge to sign; is that correct?
20 A. Yes. 01:29PM
21 Q. That was never heard or submitted to the Court;
22 was it?
23 A. No.
24 Q. Do you know why your husband sent a second
25 request and a proposal for the Judge to sign the Motion 01:29PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
35
1 to Compel when the Judge had just made a ruling seven
2 days prior?
3 A. I'm not sure.
4 Q. On June 5th, 2013, did you request that I
5 forward a notice to take the oral deposition of your 01:30PM
6 husband set for July 11, 2013?
7 A. Yes.
8 Q. At the deposition set in my office on July 11,
9 2013, did your husband appear at his deposition?
10 A. No. 01:30PM
11 Q. Were you required through your attorney to pay
12 the court reporter $150 for her appearance?
13 A. Yes.
14 MR. BROWNSTEIN: May I approach again, Your
15 Honor? 01:31PM
16 THE COURT: Yes, sir.
17 Q. (BY MR. BROWNSTEIN) Because your husband failed
18 to appear for his deposition and because he was
19 forwarding numerous additional production-related
20 requests, were you forced to file a Motion to Compel 01:31PM
21 Discovery and for Sanctions?
22 A. Yes.
23 Q. Although this has been filed with the Court, I'm
24 going to mark this as Respondent's Exhibit Number 3. Is
25 this a true and correct copy of the Motion to Compel 01:31PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
36
1 Discovery and for Sanctions that I filed with the Court?
2 A. Yes.
3 Q. This was filed for several reasons; is that
4 correct?
5 A. Yes. 01:32PM
6 Q. One of which is your husband did not pay the
7 $600 in attorney's fees ordered by the Court; is that
8 correct?
9 A. Yes.
10 Q. And that your husband failed to appear at his 01:32PM
11 deposition. Is that also correct?
12 A. Yes.
13 MR. BROWNSTEIN: I'm going to ask that
14 Respondent's Exhibit Number 3 be admitted.
15 MR. VASUDEVAN: I do raise objections on the 01:32PM
16 motions.
17 MR. BROWNSTEIN: I understand. You can
18 cross-examine. Do you have any objections to the filing
19 of this?
20 MR. VASUDEVAN: Yeah, I do. 01:33PM
21 MR. BROWNSTEIN: Your Honor, I'm going to
22 ask that Respondent's Exhibit Number 3 be admitted. It
23 is a true and correct copy of the Motion to Compel
24 Discovery that was filed with this Court that you have
25 taken notice of on August -- August 2nd, 2013. 01:33PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
37
1 THE COURT: Any objection?
2 MR. VASUDEVAN: Yes, I do have objections,
3 Your Honor.
4 THE COURT: What's your objection?
5 MR. VASUDEVAN: The objection was that 01:33PM
6 Motion to Compel, it was not complete. The Judge said
7 he wanted more permission from me; so, that's why I sent
8 it.
9 THE COURT: He's offering an exhibit. Do
10 you have any objection to that exhibit? 01:33PM
11 MR. VASUDEVAN: I do have objections.
12 THE COURT: What's the objection to the
13 exhibit? Not to the hearing, not to the Motion to
14 Compel, but to that exhibit.
15 MR. VASUDEVAN: The objections I have were 01:34PM
16 on Page 3, the hearing on Motion to Compel, and also on
17 the Page 4, the Motion to Compel Discovery and for
18 Sanctions.
19 THE COURT: Okay. I don't know if you're
20 understanding me or not, but we're not going back and 01:34PM
21 rehearing that hearing. Mr. Brownstein is simply
22 offering that as an exhibit as to what happened.
23 MR. VASUDEVAN: Oh, okay.
24 THE COURT: Okay? Do you have any objection
25 to that? 01:34PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
38
1 MR. VASUDEVAN: No, I don't.
2 THE COURT: Okay. Three is admitted.
3 Q. (BY MR. BROWNSTEIN) Now, among the reasons that
4 you have requested this Motion to Compel included the
5 defaults of your husband you just testified to. 01:35PM
6 A. Yes.
7 Q. Not appearing at his oral deposition, not
8 paying.
9 And in addition, did your -- attached to
10 this exhibit that has been now admitted, Respondent's 01:35PM
11 Exhibit Number 3, is correspondence that your husband
12 directed to me questioning the corruption of the Court;
13 is that correct?
14 A. Yes.
15 Q. And his questions regarding the court hearing, 01:35PM
16 he suggested that the presiding Associate Judge at that
17 time -- he asked several questions including whether I
18 had a blood relative or other relationship with Judge
19 Robertson; is that correct?
20 A. Yes. 01:36PM
21 Q. And that he basically, in a nutshell, if you
22 were to summarize his questions, accused the Judge of
23 being corrupt; is that correct?
24 A. Yes.
25 MR. BROWNSTEIN: Respondent's Number 3, Your 01:36PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
39
1 Honor.
2 THE COURT: Thank you.
3 Q. (BY MR. BROWNSTEIN) At the hearing on this
4 Motion to Compel, at that time he had just recently
5 hired an attorney by the name of Shannon Tigner; is that 01:36PM
6 correct?
7 A. Yes.
8 Q. And did y'all reach an agreement regarding what
9 was to take place regarding my motion?
10 A. Yes. 01:36PM
11 Q. All right. Did y'all agree that we would pass
12 the Motion to Compel and that the parties were to attend
13 mediation with Jimmy Phillips?
14 A. Yes.
15 Q. Was your husband required, among other things, 01:36PM
16 to produce records that were responsive to the Exhibit A
17 on my Motion for Oral Deposition?
18 A. Yes.
19 Q. And was he also required to file an inventory at
20 least seven days prior to the mediation? 01:37PM
21 A. Yes.
22 Q. Did your husband file his inventory prior to the
23 mediation?
24 A. No.
25 Q. Filed with this Court is the Mediated Settlement 01:37PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
40
1 Agreement as to Pallavi. You and your husband at the
2 first mediation of Jimmy Phillips were able to reach an
3 agreement regarding your child; is that correct?
4 A. Yes.
5 Q. That agreement, among other things, appointed 01:38PM
6 you the primary conservator of the child but only
7 allowed possession and access of the child with the
8 father as agreed upon between the child and the father.
9 A. Yes.
10 Q. He was also ordered to pay -- or y'all agreed 01:38PM
11 for an increase in child support beginning on the first
12 pay period after the date of the divorce. But you
13 haven't been divorced yet; have you?
14 A. No.
15 THE COURT: Mr. Brownstein, just as a point 01:38PM
16 for my notes, this is a property issue case; right? I
17 mean, we got a lot of questions about child support,
18 about visitation, about her going to visit all these
19 schools, and I'm -- I haven't made a note yet on
20 property division. 01:39PM
21 MR. BROWNSTEIN: We're getting very close
22 there, Judge. Since we have asked --
23 THE COURT: Can we go ahead and get there?
24 MR. BROWNSTEIN: Yes, Your Honor.
25 THE COURT: All right. 01:39PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
41
1 (Discussion off the record between
2 Mr. Brownstein and Mr. Vasudevan.)
3 Q. (BY MR. BROWNSTEIN) Deepa, I'm going to hand
4 you a copy of your Fourth Amended Inventory, which you
5 have filed with the Court on May the 9th. 01:42PM
6 And I'm going to also hand you what is
7 marked as Respondent's Exhibit Number 4, which is your
8 Affidavit of Business Records that you filed with the
9 Court and gave notice to your husband back on May the
10 9th, 2014. 01:43PM
11 MR. BROWNSTEIN: First, let me tender
12 Respondent's Exhibit Number 4. Do you have any
13 objections to the business records affidavit,
14 Mr. Vasudevan?
15 MR. VASUDEVAN: Yes, I do have objections on 01:43PM
16 this.
17 MR. BROWNSTEIN: Well, would you inform the
18 Court what your objections are since I'd like to offer
19 this?
20 MR. VASUDEVAN: I do send objections on this 01:43PM
21 one, on the inventory.
22 THE COURT: When did you send it?
23 MR. VASUDEVAN: I just gave it this morning
24 before lunch. The one where it says objections to
25 the -- 01:43PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
42
1 THE COURT: In this stack?
2 MR. VASUDEVAN: Yeah, that stack. It's the
3 second page, the second document.
4 THE COURT: Okay. Well, once again, what is
5 being offered is a summary. 01:44PM
6 Well, is it your four? Is that what you're
7 on right now?
8 MR. BROWNSTEIN: Yes. Respondent's 4 is the
9 business records affidavit.
10 THE COURT: That's not the inventory. 01:44PM
11 Your next exhibit is the inventory; right?
12 MR. BROWNSTEIN: That's coming up next, Your
13 Honor.
14 THE COURT: Okay. What is being offered now
15 is a business records affidavit, which contains records. 01:44PM
16 Do you have any objection to that? What you just showed
17 me was your objections to her inventory.
18 MR. VASUDEVAN: Right. Those documents are
19 correct, but only thing is they are outdated.
20 THE COURT: They're correct? 01:44PM
21 MR. VASUDEVAN: They are not up to date.
22 THE COURT: Are they correct?
23 MR. VASUDEVAN: They are correct as for the
24 last two years.
25 THE COURT: That's all I need to know. 01:44PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
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43
1 All right. Four is admitted.
2 Q. (BY MR. BROWNSTEIN) All right. And, Deepa, I'm
3 going to hand you what is marked as Respondent's Exhibit
4 Number 5. And is this your proposed division of how
5 you're asking this Court to divide your estate? Is that 01:44PM
6 correct?
7 A. Yes.
8 MR. BROWNSTEIN: Do you have any objections
9 to our proposal?
10 MR. VASUDEVAN: Yes, I do have objections. 01:45PM
11 I gave that to the Judge. He already has a copy of the
12 objections.
13 MR. BROWNSTEIN: Your Honor, I'm going to
14 offer Respondent's Exhibit Number 5, which is our
15 proposed division of property as required by your local 01:45PM
16 rules of this Court for proposals to be tendered to the
17 Court. There is an objection.
18 THE COURT: Do you understand what is being
19 offered, Mr. Vasudevan? This is an offer of what your
20 wife would testify to if she were testifying with regard 01:45PM
21 to each of these items. You may disagree with them, but
22 that's going to be her testimony and that's what he is
23 offering.
24 So, do you object to this being a summary of
25 her testimony? 01:46PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
44
1 MR. VASUDEVAN: Yes, I do have objections.
2 THE COURT: What is your objection?
3 MR. VASUDEVAN: Those objections are given
4 in my --
5 THE COURT: You're not understanding what 01:46PM
6 I'm saying. She's going to testify to everything on
7 here.
8 MR. VASUDEVAN: Okay.
9 THE COURT: You might disagree with it, but
10 that's what she's going to say. 01:46PM
11 MR. VASUDEVAN: Okay.
12 THE COURT: So, do you have any objection if
13 they offer this as a shorthand of what she would say?
14 MR. VASUDEVAN: Yes, I do.
15 THE COURT: Okay. Then go through each 01:46PM
16 item.
17 MR. BROWNSTEIN: Your Honor --
18 THE COURT: I have a copy.
19 MR. BROWNSTEIN: Of the Fourth Amended
20 Inventory? All right. 01:46PM
21 Q. (BY MR. BROWNSTEIN) All right. Deepa, we're
22 going to have you walk this Judge through what is the
23 central issue now before this Court, which is how is
24 your property to be divided by this Judge.
25 In conjunction with your Fourth Amended 01:46PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
45
1 Affidavit [sic], you have -- and the Judge has accepted
2 your affidavit Of Business Records -- does your
3 Affidavit of Business Records contain bank records and
4 other documents that support each and every one of your
5 valuations as far as bank accounts and property that you 01:47PM
6 are claiming as your separate versus community? Is that
7 correct?
8 A. Yes.
9 Q. Okay. All right. In that regard, Deepa, you
10 are claiming as your separate property a bank account in 01:47PM
11 India right now; is that correct?
12 A. Yes.
13 Q. Of a Citibank NRA [sic] with a value of
14 $103,000.
15 A. Yes. 01:47PM
16 Q. The -- of the 89 pages of your business records,
17 is the first document your bank statement dated as early
18 as July of 2013 showing a balance of 103,143?
19 A. Yes.
20 Q. Is the balance of that account substantially the 01:47PM
21 same today?
22 A. Yes.
23 Q. You are claiming that as your separate property
24 as the sale of an inherited house that you inherited
25 from your mother; is that correct? 01:48PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
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1 A. Yes.
2 Q. If we turn to the latter pages of your business
3 records affidavit, does this include a Last Will and
4 Testament of your beloved grandmother?
5 A. Yes. 01:48PM
6 Q. And this will leaves property to some of your
7 grandmother's heirs, including your mother; is that
8 correct?
9 A. Yes.
10 Q. And is this -- and does this Last Will and 01:48PM
11 Testament direct that a house be sold and that certain
12 amounts of money be paid to different relatives of your
13 grandmother, including your own mother?
14 A. Yes.
15 Q. Okay. And what house is that, Deepa? 01:49PM
16 A. That was the primary residence of my grandmother
17 and mother's estate in India.
18 Q. And when that was sold, your mother was to keep
19 most of the proceeds -- the majority of the proceeds; is
20 that correct? 01:49PM
21 A. Yes.
22 Q. But she was required under her mother's will to
23 dispose of certain amounts of money to different
24 relatives; is that correct?
25 A. Yes. 01:49PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
47
1 Q. Who are those relatives?
2 A. They were my mother's siblings and my mother's
3 nieces and nephews.
4 Q. Okay. Now, when your mother died -- and when
5 did she die, ma'am? 01:49PM
6 A. She died on June 8th, 2004.
7 Q. And she was living here in the state of Texas at
8 the time of her death?
9 A. Yes.
10 Q. And was she married at the time of her death? 01:49PM
11 A. No.
12 Q. Did she have any children born or adopted by her
13 other than you?
14 A. No.
15 Q. You are her only surviving heir; is that 01:49PM
16 correct?
17 A. Yes.
18 Q. Did you, in fact, enter into an agreement to
19 sell that house that you inherited from your mother?
20 A. Yes. 01:50PM
21 Q. All right. And attached to your business
22 records is the agreement between you and who else?
23 A. It's between the developer that bought the
24 property.
25 Q. And what was the -- what were the terms of this 01:50PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
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1 sale?
2 A. The -- the terms of the sale were the initial
3 payment was going to be made for the land; and once they
4 built some apartments, the rest of the money was going
5 to be paid. 01:50PM
6 Q. All right. Approximately, how much did you
7 receive from the sale of this property that you
8 inherited through your mother?
9 A. The entire property sold for about 1 crore 27
10 lakhs, which is about $211,000. And this was the entire 01:50PM
11 property; and I had to distribute it based on the will,
12 to give other relatives that were determined to get some
13 money from the proceeds, as well.
14 Q. Okay. After those proceeds were given to other
15 relatives who owned that property, did you inherit 01:51PM
16 approximately a little over $100,000 -- or 150,000?
17 A. Yes.
18 Q. Okay. 100,000 of that is still in the bank
19 account in India; is that correct?
20 A. Correct. 01:51PM
21 Q. Identified on your inventory under separate
22 property as having a value of 103,000?
23 A. Yes.
24 Q. And did you, thereafter, take 50,000 and
25 purchase an interest in a partnership here in Texas? 01:51PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
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1 A. Yes.
2 Q. And was your partnership contribution $51,450?
3 A. About that, yes.
4 Q. Okay. Has there been any increase in value in
5 that partnership interest? 01:51PM
6 A. No.
7 Q. When you got married --
8 I'm going to hand you what is marked as
9 Respondent's Exhibit Number 6 and ask if you can
10 identify this. 01:52PM
11 A. Yes. This is a picture of me on my wedding day.
12 Q. Okay.
13 MR. BROWNSTEIN: Do you have any objections
14 to this?
15 MR. VASUDEVAN: No. 01:52PM
16 MR. BROWNSTEIN: And -- okay. I'm going to
17 offer Respondent's Exhibit Number 6. No objections on
18 this one?
19 THE COURT: Six is admitted.
20 Do you have any other proffer on Number 5? 01:52PM
21 MR. BROWNSTEIN: Well, I do; but I'm walking
22 through the inventory, so to speak, as quickly as I can.
23 That will be --
24 THE COURT: Okay. You moved off from that.
25 MR. BROWNSTEIN: Oh, okay. I'm sorry. 01:52PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
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1 THE COURT: I was going to rule on it.
2 MR. BROWNSTEIN: I'm sorry, Judge?
3 THE COURT: I was going to rule on it.
4 MR. BROWNSTEIN: Well, Your Honor, as I'm
5 walking through the inventory, I would like to offer 01:52PM
6 Exhibit Number 5, which is our proposed division of
7 property based upon my client's sworn inventory that has
8 been -- her Fourth Amended Inventory that has been filed
9 with the Court.
10 THE COURT: And five will be admitted for 01:53PM
11 that purpose.
12 MR. BROWNSTEIN: Thank you, Your Honor.
13 Q. (BY MR. BROWNSTEIN) And in this photograph of
14 you on your wedding day -- or on or about your wedding
15 day; is that correct? 01:53PM
16 A. Yes.
17 Q. You are bedecked with what appears to be jewels;
18 is that correct?
19 A. Yes.
20 Q. Okay. And were these jewels gifted to you by 01:53PM
21 your family?
22 A. Yes.
23 Q. Okay. Were some of these --
24 A. Yes.
25 Q. Tell me what they are. 01:53PM
RENEE E. RAPE, CSR, RPR
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300TH DISTRICT COURT
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1 A. Some of them were bangles, gold; and some of
2 them were just cosmetic jewelry. The hair band and
3 stuff that you see is cosmetic, but the other stuff is
4 gold.
5 Q. Okay. And on your inventory, you're claiming 01:53PM
6 this jewelry that you were wearing on your wedding day
7 as your separate property; is that correct?
8 A. Yes.
9 Q. And you have evaluated that at approximately
10 $5,000. 01:53PM
11 A. Yes.
12 Q. All right. Exhibit Number 7 is a photograph
13 when opposing counsel wanted to inspect your safety
14 deposit box here in Houston; is that correct?
15 A. Yes. 01:54PM
16 Q. And did you allow them access --
17 A. Yes.
18 Q. -- to take photos?
19 A. Yes.
20 Q. And is Respondent's Exhibit Number 7 a correct 01:54PM
21 representation of the contents of your safety deposit
22 box?
23 A. Yes.
24 Q. Were some of these items in Exhibit Number 7,
25 some of this jewelry, the same jewelry you were wearing 01:54PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
52
1 on the date of your marriage?
2 A. Yes.
3 Q. What items are identical?
4 A. There is a hand band that I'm wearing in the
5 wedding day. The earrings that I'm wearing, the same 01:54PM
6 ones.
7 Q. Any of the -- are any of the bangles or any
8 other jewelry?
9 A. I can't tell. There's a couple of bangles
10 there, and I think those are the same ones that I'm 01:54PM
11 wearing.
12 MR. BROWNSTEIN: Do you have objections to
13 Number 7?
14 MR. VASUDEVAN: No. No objections.
15 MR. BROWNSTEIN: Okay. I'm going to 01:54PM
16 offer -- I think six has been admitted. I offer
17 Respondent's Number 7, Your Honor.
18 THE COURT: Seven is admitted.
19 Q. (BY MR. BROWNSTEIN) Other than this separate
20 property that you have identified, is the remaining 01:55PM
21 property that you have identified on your Fourth Amended
22 Inventory community property?
23 A. Yes.
24 Q. Save and except those funds that are listed as
25 Exhibit A, which is your child's property; is that 01:55PM
RENEE E. RAPE, CSR, RPR
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53
1 correct?
2 A. Yes.
3 Q. Deepa, are all of the items that are listed with
4 a bank account on your community property, are all of
5 those values identified in your business records 01:56PM
6 affidavit?
7 A. Yes.
8 Q. I am not going to go item by item; but if the
9 Court were to look at your business records affidavit,
10 the values here would be identical to those documents 01:56PM
11 contained in your business records affidavit.
12 A. Yes.
13 Q. Is that correct?
14 We've also listed as Exhibit A that property
15 that you believe belongs to your child. 01:56PM
16 A. Yes.
17 Q. Tell me, did you and your -- did you or you and
18 your husband gift your child with a Kindle reading
19 device?
20 A. Yes. 01:56PM
21 Q. Two laptops, one Apple and one pink?
22 A. Yes.
23 Q. A piano?
24 A. Yes.
25 Q. Does she play the piano? 01:56PM
RENEE E. RAPE, CSR, RPR
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1 A. Yes.
2 Q. Has she been taking music lessons for many
3 years?
4 A. Yes.
5 Q. And finally, you and your husband set up two 01:56PM
6 Uniform Gift to Minors Accounts, one that you control
7 and one that your husband controls, listed as Items
8 Number 6 and 7 on Exhibit A as your child's property.
9 A. Yes.
10 Q. And are you asking this Court -- now that she is 01:57PM
11 age 18, does she need these funds for college?
12 A. Yes.
13 Q. Do you want this Court to, as part of its court
14 order, to find and order that all of these funds belong
15 to your daughter on your Exhibit A? Do you want that? 01:57PM
16 A. Yes.
17 Q. And do you want the Judge to order the immediate
18 release and surrender of these accounts to your
19 daughter, ones that you previously held and your husband
20 previously held as custodians for the benefit of your 01:57PM
21 daughter?
22 A. Yes.
23 Q. In your division of property, you have
24 identified under Item Number 4 some India property that
25 is in your husband's name or subject to his control; is 01:58PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
55
1 that correct?
2 A. Yes.
3 Q. You are not on the title of that India property;
4 are you?
5 A. No. 01:58PM
6 Q. You really don't know the value of that
7 property; do you?
8 A. No.
9 Q. You have also listed a bank account in your
10 husband's name in India with a value unknown; is that 01:58PM
11 correct?
12 A. Yes.
13 Q. All of those are evidenced in your business
14 records affidavit; is that correct?
15 A. Yes. 01:59PM
16 Q. Deepa, you have made a proposal to this Judge,
17 based upon your inventory, of how your estate should be
18 divided.
19 A. Yes.
20 Q. You're asking this Court to find as your 01:59PM
21 separate property the remaining sale proceeds of your
22 mother's house in India of about $103,000; is that
23 correct?
24 A. Yes.
25 Q. That account being in an Indian account. 02:00PM
RENEE E. RAPE, CSR, RPR
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300TH DISTRICT COURT
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1 A. Yes.
2 Q. And 50,000 you used from the sale proceeds to
3 buy an interest with some friends and relatives called
4 DLR Interest?
5 A. Yes. 02:00PM
6 Q. And, of course, all of your jewelry and personal
7 effects.
8 A. Yes.
9 Q. If the Judge were not to find this as your
10 separate property, would you still want the Judge to 02:00PM
11 award this to you as part of your division of your
12 overall estate?
13 A. Yes.
14 Q. All of the items listed in your proposal have a
15 possession sign for -- "H" for husband and "W" for wife. 02:00PM
16 You're asking the Court to award you not only the house,
17 the contents in the house, the personal effects, rather
18 than trying to divide those.
19 A. Yes.
20 Q. And your husband's inventory with the Court that 02:00PM
21 he filed several months ago, he has not listed any
22 household furnishings in his possession; has he?
23 A. No.
24 Q. Okay. To award you -- you're asking the Court
25 to award you a greater share of the estate? 02:01PM
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57
1 A. Yes.
2 Q. Is that in part because of the fault involved in
3 this relationship?
4 A. Yes.
5 Q. And in part because your husband did not 02:01PM
6 contribute to your support for a period of 14 months
7 until a Judge ordered him to do so; is that correct?
8 A. 14 months was the one that the Judge, but he
9 hasn't done much. Our finances have been separate since
10 2004, and there's been no contributions since then. 02:01PM
11 Q. If the Judge were to honor our proposal, it
12 would allow you to keep all of the accounts in your name
13 and the same for your husband; is that correct?
14 A. Yes.
15 Q. Save and except a retirement account that you 02:01PM
16 have.
17 A. Yes.
18 Q. And that is with your current employer; is that
19 correct?
20 A. Yes. 02:01PM
21 Q. And you're asking this Judge to award you out of
22 your 403 -- 403(b) plan with the University of Texas,
23 337,878?
24 A. Yes.
25 Q. And 128,567 to your husband? 02:02PM
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1 A. Yes.
2 Q. And if the Judge were to do that and award to
3 you the proposal that you see here, you would be awarded
4 approximately 60 percent of the community estate, as you
5 have testified. 02:02PM
6 A. Yes.
7 Q. Do you think that is a fair and equitable
8 division of your estate?
9 A. Yes.
10 Q. Deepa, was it necessary for you to hire me to 02:02PM
11 represent you in this case?
12 A. Yes.
13 Q. And have you agreed to pay me an hourly rate of
14 $350 an hour?
15 A. Yes. 02:03PM
16 Q. And have you, to date, paid me over $37,000 in
17 attorney's fees?
18 A. Yes.
19 Q. And you're asking this Court to award you
20 attorney's fees in this case; is that correct? 02:03PM
21 A. Yes.
22 MR. BROWNSTEIN: One minute, Your Honor?
23 THE COURT: Yes, sir.
24 MR. BROWNSTEIN: I pass the witness, Your
25 Honor. 02:04PM
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1 THE COURT: All right. Mr. Vasudevan, do
2 you have any questions of the witness?
3 MR. VASUDEVAN: Yes, Your Honor.
4 THE COURT: You may proceed.
5 MR. VASUDEVAN: Yes. 02:04PM
6 CROSS-EXAMINATION
7 BY MR. VASUDEVAN:
8 Q. First question I have is --
9 MR. BROWNSTEIN: Your Honor, I wish opposing
10 counsel would just go ahead and ask from his chair 02:04PM
11 unless he has something as an exhibit for her to review.
12 MR. VASUDEVAN: Okay.
13 Q. (BY MR. VASUDEVAN) So, Deepa, when did you come
14 to U.S.?
15 A. First time, January of 1993. 02:04PM
16 Q. After coming to U.S., how many times did you
17 travel back to India?
18 A. I can't remember for sure.
19 Q. Did you at any time travel or -- after 1993?
20 A. Absolutely. 02:05PM
21 Q. About how many times?
22 A. I can't remember. I must have gone three or
23 four times at least.
24 Q. So, when you went back to India, how many -- how
25 many months did you stay there? 02:05PM
RENEE E. RAPE, CSR, RPR
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1 A. The first time I went there, I stayed for about
2 seven months because I had to finish my internship.
3 Q. So, when did your mom come to U.S.?
4 A. I can't remember the exact date, but she came
5 when I was pregnant. 02:05PM
6 Q. Was her visa --
7 A. It was in 1995.
8 Q. -- rejected several times?
9 A. What's that?
10 Q. Was her visa rejected several times? 02:05PM
11 MR. BROWNSTEIN: Your Honor, I'm going to
12 object as not relevant.
13 THE COURT: What's the relevance of that?
14 MR. VASUDEVAN: I want to prove that I was
15 taking care of the family and the house and all that. 02:05PM
16 And she was saying that the maid servant was taking care
17 of the house, but there was no maid servant. That's my
18 point.
19 THE WITNESS: That was after Pallavi was
20 born. 02:06PM
21 THE COURT: Okay.
22 MR. BROWNSTEIN: Your Honor, I would object
23 on relevance.
24 THE COURT: Your daughter is how old?
25 THE WITNESS: She is 18. 02:06PM
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1 THE COURT: 18?
2 THE WITNESS: Yes.
3 THE COURT: So, what does that have -- 18
4 years ago, what does that have to do with what I'm going
5 to be doing today? 02:06PM
6 MR. VASUDEVAN: Oh, for the last 18 years, I
7 have been taking care of the family.
8 THE COURT: Okay.
9 MR. VASUDEVAN: And she was saying that --
10 THE COURT: Hang on. Are you asking me to 02:06PM
11 do something with regard to that 18 years?
12 MR. VASUDEVAN: No. I just want -- she was
13 saying in the beginning that I was not taking care of
14 the home and --
15 THE COURT: And that's -- so, I'm going to 02:06PM
16 tell you the same thing I did Mr. Brownstein. What does
17 that have to do with the property division? And
18 Mr. Brownstein got right to the property issue, and
19 that's when his --
20 MR. VASUDEVAN: Okay. 02:07PM
21 THE COURT: -- questioning stopped. So,
22 what does that have to do with property?
23 MR. VASUDEVAN: It's important in the
24 marriage as to whose fault it is.
25 THE COURT: The fact that you were taking 02:07PM
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1 care of the family --
2 MR. VASUDEVAN: Yes.
3 THE COURT: -- has to do with the fault.
4 Okay. If you see that as an issue, I'll let you ask
5 that. I don't, but -- 02:07PM
6 MR. BROWNSTEIN: I'm going to object, Your
7 Honor, because his petition -- the only grounds for
8 divorce is insupportability, not fault.
9 THE COURT: I'll sustain that objection.
10 Your next question? 02:07PM
11 Q. (BY MR. VASUDEVAN) The next question was: So,
12 you've been working like all time and working night duty
13 and all that?
14 A. I was working at UT. UT gives me the ability to
15 work overtime if needed. And I have to support the 02:07PM
16 family; and hence, I did work overtime. And my salary
17 represents my -- what I get is one paycheck from the
18 University of Texas. Whether I moonlight, whether I
19 work excess, it's one paycheck. I do not get multiple
20 paychecks. And they're all documented. 02:08PM
21 Q. So, who was taking care of the child when, in
22 the night duty, when you were doing night duty?
23 A. My mother.
24 Q. Your mother was not here; right?
25 A. 1995. She came when I was pregnant and stayed 02:08PM
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1 for one and a half year.
2 Q. How can she stay about one and a half years when
3 the visa was only good for six months?
4 A. She filed an extension for about a year after
5 that. 02:08PM
6 Q. No. The maximum extension is only six months.
7 MR. BROWNSTEIN: Your Honor, I'm going to
8 object. There's no question. He's testifying.
9 THE COURT: Sustained.
10 MR. VASUDEVAN: So, I want to prove, Your 02:08PM
11 Honor, that I was taking care of the child and she was
12 going on duty -- on night duty and moonlighting, and I
13 was taking care of the child. And child loves me, and I
14 love the child and I love the family, too.
15 MR. BROWNSTEIN: Your Honor, again, I'm 02:09PM
16 going to object to testifying. If he has a question --
17 THE COURT: I'll sustain it.
18 Make sure that you ask questions.
19 MR. VASUDEVAN: Okay, Your Honor.
20 Q. (BY MR. VASUDEVAN) So, when I was working, I 02:09PM
21 was traveling a lot doing consulting work to other
22 places?
23 A. I think you did one year where you went
24 consulting. But most of yours was primarily in Houston.
25 Q. But even in Houston, I had to travel a lot; 02:09PM
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1 right? To Dallas every week?
2 A. I don't -- I mean, I cannot remember when you
3 were working in Dallas. Most of your travel was within
4 Houston.
5 Q. Okay. Oh, on the pink laptop, you said that I 02:09PM
6 had taken it; right? The pink laptop? Who bought that
7 laptop?
8 A. I think we bought it for our child.
9 Q. And that was -- I was also doing office work on
10 that? 02:10PM
11 A. I don't think. There was very limited. There
12 was nothing that you were working on. You had your own
13 laptop.
14 Q. No. I was using that for my office work, too.
15 MR. VASUDEVAN: So, that's the reason I took 02:10PM
16 that laptop, Your Honor. And then after I copied that,
17 I returned that laptop.
18 MR. BROWNSTEIN: Objection. Not a question,
19 Your Honor.
20 THE COURT: Make sure -- don't argue. Just 02:10PM
21 ask questions. All right?
22 MR. VASUDEVAN: Okay.
23 Q. (BY MR. VASUDEVAN) So, why was the phone
24 blocked when my -- my phone was blocked. I couldn't
25 call home. 02:11PM
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1 A. I had --
2 MR. BROWNSTEIN: Objection. Asking
3 questions of evidence that's not been testified to, Your
4 Honor.
5 THE COURT: Sustained. 02:11PM
6 Ask a question.
7 Q. (BY MR. VASUDEVAN) Okay. In the inventory,
8 number one, where it says the Citibank NRI, it was
9 reportedly having $113,000; right? And you have
10 withdrawn $10,000 recently? 02:12PM
11 A. Yes.
12 Q. Why -- why was it withdrawn?
13 A. I had to pay for attorney fees. I had to pay
14 taxes. Also, for that bank, I have to pay the taxes for
15 the India -- for the money in India. So, that was 02:12PM
16 deducted directly from that account. I also had to pay
17 for other things that I needed for Pallavi's education.
18 Q. What did you spend for Pallavi's education?
19 A. Books, travel. She had to go to campus tours.
20 Q. So, what were you doing with the salary? You 02:13PM
21 were making 200, 300K salary; right?
22 A. I was also running a house.
23 MR. BROWNSTEIN: Your Honor, I'm going to
24 object. That's such a general question. It's
25 impossible to answer what did she do with her salary. 02:13PM
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1 THE COURT: Sustained.
2 Q. (BY MR. VASUDEVAN) So, the Citibank NRI
3 account, that 103, came from a joint account which we
4 both had?
5 A. No. Initially, we held a joint account in 2004. 02:13PM
6 And that account was changed, and this account was
7 opened. And this --
8 Q. How much -- how much was the money in that
9 account?
10 A. In the previous account, I cannot remember. But 02:13PM
11 it was definitely between 5 and 6 lakhs.
12 MR. VASUDEVAN: Your Honor, I want to show
13 an exhibit.
14 THE COURT: Okay.
15 MR. VASUDEVAN: It's Exhibit Number -- 02:14PM
16 Number 5 in the deposition that she had.
17 THE COURT: Her exhibit or your exhibit?
18 MR. VASUDEVAN: My exhibit.
19 THE COURT: Your exhibit?
20 MR. VASUDEVAN: Yes. 02:14PM
21 THE COURT: All right. Do you want to show
22 Mr. Brownstein, so that he can figure out if he's going
23 to object or not?
24 MR. BROWNSTEIN: Your Honor -- well, I don't
25 know if anything is being offered. So, if he wants to 02:14PM
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1 ask questions about something -- I don't know how to
2 respond. Nothing has been offered at this moment, Your
3 Honor.
4 THE COURT: All right. Are you going to
5 offer that as an exhibit -- 02:14PM
6 MR. VASUDEVAN: Yes.
7 THE COURT: -- or are you just going to read
8 from it?
9 MR. VASUDEVAN: Yeah, I'm going to offer
10 this as an Exhibit Number 5. Or the entire thing, I 02:15PM
11 want to give it. This is the deposition exhibits. So,
12 I want to give them to the Court.
13 MR. BROWNSTEIN: Your Honor, I'm going to
14 object if Mr. Alavoor wants to offer an exhibit to a
15 non-certified copy of a deposition of my client. 02:15PM
16 Nothing has been filed with the Court. I'm going to
17 object to it in its entirety.
18 THE COURT: Do you have a certified copy?
19 MR. VASUDEVAN: Yeah. This was signed by --
20 this was a deposition that was taken on -- 02:16PM
21 THE COURT: Do you have a signed copy?
22 MR. VASUDEVAN: Right. It's signed by the
23 court reporter.
24 THE COURT: Okay. Do you want to show it to
25 Mr. Brownstein? 02:16PM
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1 (Discussion off the record between
2 Mr. Brownstein and Mr. Vasudevan.)
3 MR. BROWNSTEIN: Judge, this is not a
4 certified copy of a deposition that opposing counsel is
5 tendering to offer, nor is it the written -- the 02:16PM
6 original. It's evidently something file stamped, a copy
7 unsigned by my client. And I object to its
8 introduction.
9 THE COURT: I'll sustain the objection.
10 Q. (BY MR. VASUDEVAN) So, this is Number 5. 02:17PM
11 What's among -- it shows here --
12 MR. BROWNSTEIN: Your Honor, I thought you
13 had sustained my objection. So, for counsel to use what
14 you just sustained my objection, I'm going to further
15 object that he not approach my client with it. 02:17PM
16 THE COURT: Sustained.
17 Do you understand what the objection was?
18 The objection was that it was not a certified copy of a
19 deposition. So, he's made an objection to you offering
20 it as an exhibit, which I sustained, being that you 02:17PM
21 cannot use it as an exhibit. If you have some questions
22 that you want to ask, you're welcome to ask those
23 questions.
24 MR. VASUDEVAN: Yeah, I have a question to
25 ask. I need to show it to her. This is a statement -- 02:18PM
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1 this is a bank statement. It was showing amount of --
2 THE COURT: And that bank statement is in
3 the same document that I sustained the objection, so
4 that you can't use it as an exhibit.
5 MR. VASUDEVAN: The reason is, I want to 02:18PM
6 prove that this amount --
7 THE COURT: You can ask questions. Don't
8 tell me what's in the document.
9 MR. VASUDEVAN: The document, it says the
10 balance is about -- more than $100,000. 02:18PM
11 THE COURT: If you have a question, you can
12 ask the witness.
13 MR. VASUDEVAN: Yes. But she was saying
14 that --
15 THE COURT: Don't ask me. Don't make a 02:18PM
16 statement. Ask a question.
17 Q. (BY MR. VASUDEVAN) So, the statement here says
18 that having more than 100,000.
19 A. I don't know what --
20 MR. BROWNSTEIN: Your Honor, I'm going to 02:18PM
21 object. Again, there's no evidence previously testified
22 to my client regarding these issues. So, I'm going to
23 object as to being questioned about evidence that hasn't
24 been introduced before this Court.
25 THE COURT: Sustained. 02:19PM
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1 MR. VASUDEVAN: Can I ask her the question?
2 THE COURT: Sure.
3 Q. (BY MR. VASUDEVAN) Yeah. The statement here
4 says --
5 THE COURT: Not about that. That's just the 02:19PM
6 objection I just sustained.
7 MR. VASUDEVAN: Okay.
8 THE COURT: Okay?
9 Q. (BY MR. VASUDEVAN) The next question I have is
10 about the Entry Number 2, the DLR Interest. Here it 02:20PM
11 says $51,000 as being your part interest. How did you
12 get this money?
13 A. That was money that I got through the sale of
14 the property in India, which my mother inherited from
15 her mother. And that's what I invested, because that 02:20PM
16 was her desire that it go as a gift to her
17 granddaughter.
18 Q. But you got it in India rupees. How did you
19 transfer it?
20 A. I got it -- I converted it from India rupees. 02:20PM
21 It was done with friends and family. So, I gave them in
22 Indian rupees. I gave them the value of that $50,000 in
23 rupees.
24 Q. And how did they give you the dollar? Where is
25 that? Did they deposit? 02:21PM
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1 A. The property was purchased, yes.
2 Q. Where was it deposited?
3 A. Into the account. They paid the money for that.
4 I gave them the rupees, they got the dollars, and it was
5 paid into that -- paid for the sale of that property. 02:21PM
6 Q. Where is the receipt for that? Receipts?
7 A. The receipts for?
8 Q. For the payments.
9 A. They paid. There are receipts. The property is
10 bought; so, the amount is there. And this was done in 02:21PM
11 2004. Exactly around the time when I got the cash, it
12 was given to the family, and they paid the amount. And
13 if you want that -- at that point, yes, there are
14 probably receipts. But it was purchased -- the land was
15 purchased for that amount. The land is the receipt. 02:21PM
16 MR. VASUDEVAN: Your Honor, this is not the
17 separate property. This is a -- it should come out of
18 the community property, these two.
19 MR. BROWNSTEIN: I'm going to object.
20 Again, we're under cross. 02:22PM
21 THE COURT: Sustained.
22 MR. VASUDEVAN: The next question I have is
23 regarding the Item Number 3 where she's saying it is --
24 there's $5,000. I want to submit these Exhibits 12, 13,
25 14, and 15. 02:22PM
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1 MR. BROWNSTEIN: Your Honor, I'm going to
2 object. I'm not certain the purpose, but there appears
3 to be blurry photographs along with somebody's notes,
4 perhaps notes of Mr. Vasudevan since he is offering that
5 in the form of his analysis or description of what that 02:23PM
6 photo represents. To the extent that it contains things
7 beyond the blurry photo, I'm going to object as it being
8 hearsay.
9 MR. VASUDEVAN: Your Honor, I wish to show
10 you these. 02:23PM
11 THE COURT: This is what you're offering?
12 MR. VASUDEVAN: Uh-huh, yes.
13 THE COURT: 12, 13, 14, 15, and 16?
14 MR. VASUDEVAN: Uh-huh.
15 THE COURT: Okay. 02:24PM
16 MR. BROWNSTEIN: I didn't go through all of
17 them. If there's things beyond the photo, then I may
18 have other objections, Your Honor. I didn't know he was
19 trying to tender 15 or 20 pages of things.
20 THE COURT: There are several. 02:24PM
21 MR. BROWNSTEIN: If I could take a look, I
22 might offer additional objections, Your Honor.
23 Well, my goodness. Okay. As to the
24 objections as to things called Exhibit 12, which contain
25 photos and additional typewritten language -- basically, 02:24PM
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1 the typewritten language contained on Exhibit 12 appears
2 to be testimonial in nature. I object that it's
3 hearsay.
4 The same objection to -- I can't tell where
5 Exhibit 12 and where others continue. 13 appears to be 02:25PM
6 a typewritten description of what appears to be
7 handwritten. There's been no predicate. It's
8 testimonial in nature. I object that it's hearsay.
9 Along with Exhibit Number 13, a description of what this
10 purportedly represents. Again, no predicate. It's 02:25PM
11 hearsay, Your Honor.
12 Exhibit Number 14 --
13 So, if I could, could I ask the Judge to
14 rule on my objections to at least 12 through 13 before
15 we go to 14? That's a little bit different in nature. 02:25PM
16 THE COURT: Sustained.
17 MR. BROWNSTEIN: By the way, Your Honor, if
18 I could, I have what is marked as Respondent's Fourth
19 Amended Inventory that I marked as Exhibit 5. And quite
20 frankly, I don't know if I just premarked that 02:26PM
21 inappropriately.
22 THE COURT: I admitted that.
23 MR. BROWNSTEIN: Item 5, the inventory.
24 THE COURT: Oh, wait a minute. I thought
25 you marked -- 02:26PM
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1 MR. BROWNSTEIN: I may have inadvertently
2 marked this on my own.
3 THE COURT: The proposed division is what I
4 have as five.
5 MR. BROWNSTEIN: Okay. 02:26PM
6 THE COURT: But I don't have five.
7 MR. BROWNSTEIN: You don't have Exhibit
8 Number 5?
9 THE COURT: No.
10 MR. BROWNSTEIN: The proposed division? 02:26PM
11 THE COURT: No. You were asking questions.
12 MR. BROWNSTEIN: Oh. Oh, I guess this is
13 the proposed division.
14 THE COURT: So it is.
15 MR. BROWNSTEIN: Thank you. I tender that 02:26PM
16 back.
17 THE COURT: Thank you.
18 MR. BROWNSTEIN: As to Exhibit Number 14,
19 appears to be documents regarding a safety deposit box
20 of the parties, some rental dating back from August 02:27PM
21 of 2001 to maybe some in 2013. To the extent they're
22 offered to prove that my client had a safety deposit
23 box, which we have the photos, I have no objections to
24 Exhibit 14, 6 through 7, Your Honor.
25 THE COURT: You have no objection to those? 02:27PM
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1 MR. BROWNSTEIN: I have no objections to 14
2 entitled Pages 1 -- 1 through 7, all the way through 6
3 through 7. There is part of Exhibit Number 14 that is 7
4 of 7 that I will offer objections to.
5 Regarding Exhibit 14, 7 of 7, again, 02:28PM
6 absolutely no predicate. I have no idea what it is,
7 Your Honor.
8 Exhibit Number --
9 MR. VASUDEVAN: Oh, I can explain what it
10 is. 02:28PM
11 MR. BROWNSTEIN: Well, the remainder of
12 these exhibits appear to be descriptions of some
13 handwritten notes. There's been no predicate. I'm
14 going to object.
15 And finally, the last page, Exhibit 16, 02:28PM
16 appears to be a copy of something from a Internet
17 regarding Indian fraud. And again, no predicate, no
18 relevance.
19 I'm going to object to the remainder of
20 Exhibit 14, 15, and 16, Your Honor, for those reasons. 02:28PM
21 THE COURT: 14, Pages 1 through 6 are
22 admitted; Page 7 is not admitted.
23 15 and 16 are not admitted.
24 MR. VASUDEVAN: I can't ask any questions on
25 this one? 02:29PM
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1 THE COURT: You can ask questions, but
2 they're not admitted as exhibits.
3 MR. VASUDEVAN: Can I show it to her as to
4 what it is? No, I can't?
5 Q. (BY MR. VASUDEVAN) Okay. During the deposition 02:30PM
6 on 24th, there was exhibit -- an Exhibit 4. It was
7 saying there are 14 gold bars, all bought by me.
8 MR. BROWNSTEIN: Your Honor, I'm going to
9 object. He's referring to an unsworn, uncertified
10 deposition, exhibits to that, that you have already 02:30PM
11 sustained my objection. So, I'm going to object that
12 he's --
13 THE COURT: I sustained the objection.
14 MR. BROWNSTEIN: Well, I object that he's
15 referring to a specific exhibit that is not before this 02:31PM
16 Court.
17 THE COURT: I don't know what he's referring
18 to. Those -- the documents in his hands were not that
19 deposition. So, I don't know if he's asking a --
20 I'm going to let you ask the question. Just 02:31PM
21 make sure you don't --
22 MR. VASUDEVAN: Oh, well, this document is
23 in reference to the deposition she already had.
24 THE COURT: I have no idea what document
25 you're referring to. I just know it's not the 02:31PM
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1 deposition that you set down over here on counsel table.
2 But you can ask that question.
3 MR. VASUDEVAN: Yeah, that's what I'm
4 asking.
5 Q. (BY MR. VASUDEVAN) So, there were some -- there 02:31PM
6 were handwritten notes, and then there were typewritten,
7 like 14 gold bars all bought by me. Were they bought by
8 you?
9 A. I don't even know who wrote it, typewritten,
10 typed. I don't have any idea. I did not write it. 02:31PM
11 MR. VASUDEVAN: Can I show it to her if she
12 says --
13 THE COURT: If it's on that exhibit, you
14 can't.
15 MR. VASUDEVAN: Yes. 02:31PM
16 THE COURT: You cannot.
17 MR. VASUDEVAN: Then I can't prove further
18 what it is.
19 THE COURT: Mr. Vasudevan, I cannot tell you
20 how to present your case. You are representing 02:32PM
21 yourself. There are certain rules of evidence and rules
22 of procedure that apply to any case presented in the
23 state of Texas. Representing yourself, you are bound to
24 abide by those same rules of evidence and rules of
25 procedure. 02:32PM
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1 The objections that are being made are
2 proper. I can't tell you what to do with the exhibits
3 that you did not get admitted. But let's move along.
4 MR. VASUDEVAN: Well, what I want to prove
5 was that Item Number 3 is not just 5,000. It's more 02:32PM
6 than -- it's about $900,000.
7 THE COURT: All right. Let me ask you this
8 question. Do you object that they are being claimed as
9 your wife's separate property gifts?
10 MR. VASUDEVAN: I do raise objection on 02:33PM
11 that, and I say it is a community estate. It was given
12 to both -- both of us. And the value is also wrong.
13 The value is not 5,000.
14 THE COURT: Okay.
15 Q. (BY MR. VASUDEVAN) The Item Number 4 in 02:33PM
16 inventory, I don't know what it is. So, do you know
17 what it is, the Item Number 4, the India property, Plot
18 Number 16?
19 MR. BROWNSTEIN: May I go ahead and tender
20 the inventory since my client is not -- 02:33PM
21 THE COURT: Sure.
22 MR. BROWNSTEIN: -- able to remember
23 everything by memory?
24 A. I'm sorry. What was the question?
25 Q. (BY MR. VASUDEVAN) Who gave you this one? 02:34PM
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1 A. So, this was received as a mail. It came as a
2 mail to our home address.
3 Q. To whose home address?
4 A. As of now, our home address.
5 Q. So, who received it? You received it? You 02:34PM
6 opened it?
7 A. It was in the mailbox.
8 Q. It was in the mailbox.
9 A. Yes.
10 Q. And then did you open it? 02:34PM
11 A. I did not open it.
12 Q. If you did not open it, then --
13 A. So, the mail is also --
14 Q. -- how did you read the contents inside of it?
15 A. The mail was also picked up by Pallavi and gets 02:34PM
16 picked up by my housekeeper, Maria. So, she opens the
17 edges of the letter sometimes. And this one was opened
18 by Pallavi. She did not read the name. She opened the
19 envelope, and that's how that was -- how we got that.
20 So, I'm not the only one who opens the envelope, is the 02:34PM
21 answer.
22 MR. VASUDEVAN: I object, Your Honor.
23 Somewhere -- either she has opened it or I have
24 questions for Mr. Brownstein, if I can ask questions.
25 THE COURT: This is the witness on the stand 02:35PM
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1 right here. I think she's answered your question.
2 MR. VASUDEVAN: The question was I want to
3 ask if Mr. Brownstein has opened that mail.
4 THE COURT: He's not on the stand. You see
5 who's on the stand right now. 02:35PM
6 Q. (BY MR. VASUDEVAN) So, this particular item
7 should be ignored on Item Number 4. It's wrong.
8 MR. BROWNSTEIN: Objection. No question,
9 Your Honor.
10 THE COURT: Sustained. 02:35PM
11 Are you claiming that you don't own a piece
12 of property at Plot Number 16?
13 MR. VASUDEVAN: No, I don't own.
14 THE COURT: You don't own it?
15 MR. VASUDEVAN: No. 02:36PM
16 THE COURT: So, I can award that to her if
17 it's owned by someone in the marriage? You're okay with
18 that?
19 MR. VASUDEVAN: Yes. Uh-huh.
20 THE COURT: Okay. I just wanted to know 02:36PM
21 what you wanted me to do with it.
22 MR. VASUDEVAN: Yes.
23 THE COURT: Go ahead. Do you have any more
24 questions?
25 MR. VASUDEVAN: Yes, Your Honor. I have 02:38PM
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1 some questions.
2 Q. (BY MR. VASUDEVAN) On Item Number 27, the IRA
3 plan, you have withdrawn some $10,000 from there. Why?
4 Why did you withdraw?
5 A. There are a couple of withdrawals. If you see, 02:38PM
6 that is one, in answer to that question. And then also
7 the subsequent ones, we had to replace the HVAC of our
8 house since the entire system broke down. So, that cost
9 me about $25,000 that I had to pay. That was one. I
10 also have to pay the taxes April 15th, 2014, so. 02:39PM
11 MR. VASUDEVAN: That's all I have now. I
12 can -- I can ask later, right, if I want to?
13 THE COURT: I don't know.
14 Mr. Brownstein, do you have any more
15 questions? 02:40PM
16 MR. VASUDEVAN: Can I ask questions later?
17 MR. BROWNSTEIN: Just a few follow-up, Your
18 Honor.
19 THE COURT: Okay.
20 REDIRECT EXAMINATION 02:40PM
21 BY MR. BROWNSTEIN,
22 Q. Deepa, in your petition you requested that your
23 name be changed. What name do you wish?
24 A. Deepa Iyengar.
25 Q. And you are not seeking -- is that your maiden 02:40PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
82
1 name?
2 A. Yes.
3 Q. All right. And you're not seeking a name change
4 to avoid criminal prosecution or repayment of creditors;
5 is that correct? 02:40PM
6 A. Yes.
7 THE COURT: Yes, it is correct?
8 THE WITNESS: I mean, I -- I am not taking
9 it for criminal court.
10 THE COURT: It was a bad question. 02:40PM
11 Q. (BY MR. BROWNSTEIN) Also, Deepa, you and your
12 husband at the second mediation reached an agreement
13 regarding the sale of the house; is that correct?
14 A. Yes.
15 Q. That's set out in the Mediated Settlement 02:40PM
16 Agreement, which has been filed with the Court.
17 A. Yes.
18 Q. And on your proposed division of property
19 regarding the residence, you just put on your proposal
20 the division per the Mediated Settlement Agreement. 02:40PM
21 A. Yes.
22 MR. BROWNSTEIN: I pass the witness again,
23 Your Honor.
24 THE COURT: Any more questions?
25 MR. VASUDEVAN: Not questions, Your Honor. 02:41PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
83
1 I have the Second Amended Inventory of mine.
2 MR. BROWNSTEIN: Your Honor, we're in the
3 middle of -- if he has no further questions, I have
4 another witness to call upon, Your Honor.
5 THE COURT: All right. Call your next 02:41PM
6 witness.
7 MR. BROWNSTEIN: I call myself. Do you want
8 me to --
9 Deepa, you can go ahead and sit down.
10 (Discussion off the record between 02:41PM
11 Mr. Brownstein and Mr. Vasudevan.)
12 MR. VASUDEVAN: Yeah, I do have objections.
13 THE COURT: A proper one?
14 MR. BROWNSTEIN: May I testify in a
15 narrative form, Your Honor? 02:42PM
16 THE COURT: Yes, sir.
17 RONALD ALLEN BROWNSTEIN,
18 and having been first duly sworn, testified as follows:
19 DIRECT EXAMINATION
20 BY MR. BROWNSTEIN: 02:42PM
21 Q. Your Honor, my name is Ron Brownstein. I'm an
22 attorney licensed in the state of Texas, having been --
23 having been licensed since 1978, I believe, which I know
24 is hard for you to believe considering how youthful I
25 look. I was -- 02:43PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
84
1 THE COURT: Remember, you're under oath.
2 Q. (BY MR. BROWNSTEIN) Since I'm under oath, I'll
3 retract that last comment.
4 I was retained by Mrs. Deepa Vasudevan to
5 continue on in her representation in this divorce 02:43PM
6 action. Her previous attorney, through Scott Brown's
7 office, had -- I either substituted or they were allowed
8 to withdraw.
9 I am familiar with the customary and normal
10 attorney's fees in Brazoria County for cases involving 02:43PM
11 divorces. And the issues involved in this case
12 initially were related to the child since the child was
13 only 15 when -- or 15 and a half when we started but is
14 now, for all practical purposes, an adult.
15 I am charging my client $350 an hour, which 02:44PM
16 is, in my opinion, a reasonable fee considering the
17 issues involved in this case. This has been a
18 particularly difficult case, as the Respondent has had
19 two separate attorneys that I have had dealings with, as
20 well as himself, at two separate times, including now. 02:44PM
21 A fee of $350 an hour for attorney's fees in this county
22 is customary, is reasonable.
23 And the fees that I have charged my client
24 are set out in Respondent's Exhibit Number 8, which is a
25 summary of those fees and services that I have performed 02:44PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
85
1 for my client, detailing the date the service was
2 performed, a brief description of same, and the amount
3 of time devoted to that.
4 My attorney's fees, including trial, have
5 totalled 102.70 hours at $350 an hour, which my client 02:45PM
6 is seeking reimbursement. That is $35,945. In addition
7 to that, there have been costs of $1,169.27. My total
8 bill, which has been paid by my client, is $37,114.27.
9 I tender again Respondent's Number --
10 Exhibit Number 8 as a shorthand summary of my time 02:45PM
11 devoted on this case.
12 MR. BROWNSTEIN: Do you have any objection,
13 sir?
14 MR. VASUDEVAN: Yeah, I do have objections.
15 MR. BROWNSTEIN: Well -- 02:45PM
16 THE COURT: What's the objection?
17 MR. VASUDEVAN: The objection is it should
18 not be listed under the -- this inventory. It is
19 something even I -- even I do pay attorney's fees.
20 THE COURT: What is the objection? 02:46PM
21 MR. VASUDEVAN: Oh, the objection is this
22 should not be included in the inventory.
23 THE COURT: Okay.
24 MR. VASUDEVAN: If it is included, then even
25 I have to include my attorney fees, too. 02:46PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
86
1 THE COURT: Do you have any objection to
2 this document being offered?
3 MR. VASUDEVAN: Oh, this document which is
4 offered? Yeah, no. No objection.
5 THE COURT: No objection. Eight is 02:46PM
6 admitted.
7 MR. BROWNSTEIN: I pass the witness.
8 THE COURT: Do you have any questions of
9 Mr. Brownstein?
10 MR. VASUDEVAN: Yeah, I do have some 02:46PM
11 questions; but it's not related to that, the questions I
12 do have.
13 THE COURT: I don't care what they're
14 related to. As long as they're relevant, you can ask
15 them. 02:46PM
16 MR. VASUDEVAN: Okay.
17 CROSS-EXAMINATION
18 BY MR. VASUDEVAN:
19 Q. This is regarding the Item Number -- the 4 in
20 the inventory. Can I show you? The Item Number 4 on 02:46PM
21 the inventory, Deepa was saying the India property, so
22 and so. And then you have sent me a letter of this,
23 right, the demand notice and all that. Who -- who gave
24 it to you?
25 MR. BROWNSTEIN: I'm sorry. I don't 02:47PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
87
1 understand the question, Your Honor.
2 Q. (BY MR. VASUDEVAN) The question was: Did Deepa
3 give it to you, that one, or --
4 A. I -- I prepared that inventory based on
5 information provided by my client and by your attorneys, 02:47PM
6 when you had attorneys, and yourself when you did not
7 have an attorney.
8 Q. No. There was a demand notice, and I have the
9 letters. Wait. Let me show it to you. These were the
10 two, Articles 8 and Article 9 and 17, which are related 02:48PM
11 to the Item Number 4 in that inventory.
12 A. All right. Sir, do you have a question?
13 Q. Yes. Who gave this document to you?
14 A. I'm sure this was provided by my client.
15 Q. Was it opened when it was given like that, or 02:49PM
16 was it in an envelope?
17 A. Oh, I have no recollection whether it was in an
18 envelope, in a box, or in the form delivered to you in
19 a -- in a supplement to our production. I don't
20 remember. 02:49PM
21 Q. So, you don't know who opened that mail; right?
22 A. I don't know how it came into anybody else's
23 possession except mine. I don't know if it came through
24 the mail or not.
25 Q. So, this can be incorrect, too; right? So, it 02:49PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
88
1 can be a fake. It's not a real document maybe. It can
2 be a fake document.
3 A. I guess anything is possible, sir.
4 Q. Okay.
5 MR. VASUDEVAN: That's all I have. 02:49PM
6 THE COURT: Your next witness?
7 MR. BROWNSTEIN: I have no further
8 witnesses, Your Honor.
9 THE COURT: Rest?
10 MR. BROWNSTEIN: We rest. 02:50PM
11 THE COURT: Mr. Vasudevan, do you have any
12 witnesses?
13 MR. VASUDEVAN: No, Your Honor.
14 THE COURT: No witnesses? All right. You
15 rest? Do you rest? 02:50PM
16 MR. VASUDEVAN: Huh?
17 THE COURT: Do you rest, meaning are you
18 done?
19 MR. VASUDEVAN: No, not yet, Your Honor. I
20 have this second amended -- 02:50PM
21 THE COURT: That's what I just asked you:
22 Do you have any witnesses? You don't have any
23 witnesses?
24 MR. VASUDEVAN: No, no witnesses; but I just
25 want to submit this Second Amended Inventory. 02:50PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
89
1 THE COURT: Okay. Is that your inventory?
2 MR. VASUDEVAN: Yeah, this is my inventory.
3 MR. BROWNSTEIN: Your Honor, I'm --
4 MR. VASUDEVAN: I gave you a copy of this.
5 MR. BROWNSTEIN: Your Honor, I was handed a 02:50PM
6 copy of an unsworn-to document entitled Second Amended
7 Inventory. I'm going to object as to its lateness, the
8 fact that it is not sworn as required by the scheduling
9 order and your local rules. I have not had adequate
10 time to study or vet that document since it was -- well, 02:51PM
11 it's being tendered to you for some purpose. I don't
12 know if it's for filing with the Court or for evidence.
13 Those are my objections.
14 THE COURT: All right. Mr. Vasudevan, you
15 are under oath; so, let me ask you -- 02:51PM
16 MR. VASUDEVAN: Uh-huh.
17 THE COURT: -- are you stating that all the
18 information contained in this document is true and
19 correct?
20 MR. VASUDEVAN: Yes, true. 02:51PM
21 THE COURT: All the values are accurate?
22 MR. VASUDEVAN: Yes, Your Honor.
23 THE COURT: This is all the property that
24 you believe to exist?
25 MR. VASUDEVAN: That's correct. 02:51PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
90
1 THE COURT: Is that your testimony?
2 MR. VASUDEVAN: Yeah, that's my testimony.
3 THE COURT: All right. I will let you file
4 it and admit it.
5 MR. VASUDEVAN: Thank you. 02:52PM
6 THE COURT: You don't have it marked.
7 Petitioner's 1 will be admitted.
8 Anything else?
9 MR. VASUDEVAN: One more document.
10 (Discussion off the record between 02:52PM
11 Mr. Brownstein and Mr. Vasudevan.)
12 MR. VASUDEVAN: Your Honor, this is
13 objections to the inventory which he has filed.
14 MR. BROWNSTEIN: Your Honor, I'm going to
15 object that it is a document purportedly testimonial in 02:52PM
16 nature. It's hearsay. And for those reasons, I'm going
17 to object to the Court's consideration of that document.
18 THE COURT: I'll sustain your objection.
19 And we'll mark this as Petitioner's Exhibit 2, but I
20 will sustain the objection. 02:53PM
21 Anything else?
22 MR. VASUDEVAN: These are the copies of the
23 deposition that she had taken. Do I need to -- shall I
24 certify this and then submit? Or what do you want?
25 What do you do? 02:54PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
91
1 MR. BROWNSTEIN: I think you've already --
2 THE COURT: I can't tell you what to do with
3 it. If it's the same exhibit that you offered
4 previously, I've already sustained the objection. I
5 think it was Number 5? 02:54PM
6 MR. VASUDEVAN: No, no. These are the --
7 yeah, these are the exhibits in the deposition that she
8 has done. I want to submit a copy to the Court.
9 THE COURT: I'm not looking at it if it's
10 not certified. 02:54PM
11 MR. VASUDEVAN: So, shall I get it certified
12 and then submit to you?
13 THE COURT: Can you do that right now?
14 MR. VASUDEVAN: I need time for that.
15 THE COURT: Today is the only day that's 02:54PM
16 going to happen. Did you realize that today was your
17 final trial date, Mr. Vasudevan?
18 MR. VASUDEVAN: Yes, uh-huh.
19 THE COURT: Okay. So, you got to be
20 prepared. If it's not certified, then I'm not -- I'm 02:54PM
21 not allowing it as an exhibit.
22 MR. VASUDEVAN: Okay.
23 THE COURT: Anything else?
24 MR. VASUDEVAN: That's all I have, Your
25 Honor. 02:55PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
92
1 THE COURT: That's it?
2 MR. VASUDEVAN: Uh-huh.
3 THE COURT: Both sides rest?
4 MR. BROWNSTEIN: Yes, Your Honor.
5 THE COURT: All right. The evidence is 02:55PM
6 closed. Give me until about 3:15, and I'll come back
7 and give you my ruling. We'll be in recess until 3:15.
8 MR. BROWNSTEIN: Thank you, Your Honor.
9 (Recess was taken.)
10 THE COURT: All right. Let's go back on the 04:28PM
11 record in Vasudevan. I will make the following
12 findings.
13 I will find the marriage has become
14 insupportable because of discord or conflict of
15 personalities and find that there's no reasonable 04:28PM
16 expectation of reconciliation.
17 I will further find fault in the breakup of
18 the marriage; and based upon the testimony and evidence
19 with regard to family violence, will find the cruelty
20 fault to be true. 04:29PM
21 I will grant the divorce, terminate the
22 marriage relationship as of today, pronouncing and
23 rendering today, and give you an entry date of June 13
24 for the decree.
25 I will grant the name change that was 04:29PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
93
1 requested.
2 With regard to conservatorship, find that
3 the child is now 18 and graduating. With regard --
4 therefore, no other orders will need to be issued with
5 regard to the child. 04:29PM
6 Relative to the prior Court's order on the
7 Motion to Compel, those orders are orders that are
8 subject to being enforced and may be enforced following
9 the entry of a decree, specifically with regard to the
10 payment of the $600 and the costs of 150 for the 04:30PM
11 deposition cost.
12 I will find that the division of property,
13 as I will outline for you in the Court's division, is a
14 fair and equitable division; and considering the fault
15 of the breakup of the marriage, results in a 60-40 04:30PM
16 division. I have the division -- thank you, Ed -- that
17 I will hand out; and as soon as you have that copy, I
18 will go over this with you and let you know what I have
19 found to be fair and equitable.
20 At the top of the page, I will confirm as 04:30PM
21 Mrs. Vasudevan's separate property those three items --
22 1, 2, and 3 -- finding that they are a result of
23 inheritance on Items 1 and 2 and gift for wedding on
24 Number 3.
25 With regard to Item Number 4, there's no 04:31PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
94
1 value assigned to it. And if that doesn't exist, then
2 it doesn't exist. But if it does exist, then it's
3 awarded to Mr. Vasudevan. But I've assigned no value;
4 so, it doesn't impact the overall division of the
5 property. 04:31PM
6 I've confirmed the parties' agreement
7 relative to the residence located at 3402 Castle Pond
8 Court, Pearland, Texas, and just confirming that that is
9 to be dealt with pursuant to the Mediated Settlement
10 Agreement. 04:32PM
11 Where the items have a typed value, I am
12 confirming that and accepting that as the value to be
13 assigned to it. Where you see an item crossed out and a
14 new value placed on that, that's where I have made a
15 change. 04:32PM
16 Item Number 6, I changed that value from
17 5,000 to 3,500. Item 13, I changed that from 11,931 to
18 7,924. Over on Page 2, Item 29, I changed those -- that
19 value; and Items 32 and 33, I changed those items.
20 Turning over to Page 4 at the bottom, I have 04:32PM
21 adjusted the overall division of the community property.
22 And where you see the columns "Husband" and "Wife",
23 those items that are awarded to the husband are listed
24 in that column throughout this document and those items
25 listed to wife are listed in that column throughout. 04:32PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
95
1 Page 5, I have also added the attorney's
2 fees that Mr. Vasudevan is paying, pursuant to his
3 inventory, of $8,000, to net out the value. And that's
4 what you see at the bottom, Net CP, meaning Net
5 Community Property. 358,779 to Mr. Vasudevan. 523,672 04:33PM
6 to Mrs. Vasudevan. And I've also included her
7 attorney's fees. Each party will pay their own
8 attorney's fees. And that division results in a 60-40
9 division. It's actually like 59.3 in favor of wife.
10 I will find this to be a fair and reasonable 04:33PM
11 division of the parties' property.
12 Any of these items that are in this document
13 that are awarded to a party and they are in the other
14 party's possession, those will be turned over by the
15 entry date, June 13. If those items are in your 04:34PM
16 possession, nothing needs to be turned over. But if an
17 item is awarded to you, it's to be turned over to you by
18 June 13th, 2014.
19 If you don't see an item listed on this, I
20 didn't find sufficient evidence to find that it existed. 04:34PM
21 And if you don't see a value other than the items where
22 you see values, I don't find that there is sufficient
23 evidence to change the values, other than what has been
24 set out.
25 On the last page, which is actually Page 6, 04:34PM
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
96
1 it's titled Child's Property, those items are awarded to
2 the child, Pallavi, and are to be awarded to her. And
3 again, by June 13, 2014, those items are to be turned
4 over to her.
5 And that will conclude our business. 04:35PM
6 Any questions, Mr. Brownstein?
7 MR. BROWNSTEIN: None, Your Honor. I'll
8 prepare the draft.
9 THE COURT: All right. Any questions,
10 Mr. Vasudevan? 04:35PM
11 If none, we'll be adjourned.
12 (Court was adjourned.)
13
14
15
16
17
18
19
20
21
22
23
24
25
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
97
1 OFFICIAL REPORTER'S RECORD
2 CERTIFICATION PAGE
3
4 THE STATE OF TEXAS)
5 COUNTY OF BRAZORIA)
6
7 I, Renee Rape, Official Court Reporter in and for the
300th District Court of Brazoria County, State of Texas,
8 do hereby certify that the above and foregoing contains
a true and correct transcription of all portions of
9 evidence and other proceedings requested in writing by
counsel for the parties to be included in this volume of
10 the Reporter's Record, in the above-styled and numbered
cause, all of which occurred in open court or in
11 chambers and were reported by me.
12 I further certify that this Reporter's Record of the
proceedings truly and correctly reflects the exhibits,
13 if any, admitted by the respective parties.
14 I further certify that the total cost for the
preparation of this Reporter's Record is $576.00 and was
15 paid/will be paid by Petitioner, Mr. Alavoor Vasudevan.
16 WITNESS MY OFFICIAL HAND this the 17th day of November,
2014.
17
18
19 /s/Renée Rape ____________
Renée Rape, Texas CSR# 4031
20 Expiration Date: 12-31-16
Official Court Reporter, 300th District Court
21 Brazoria County, Texas
111 East Locust, RM 402
22 Angleton, Texas 77515
979-864-1229
23
24
25
RENEE E. RAPE, CSR, RPR
OFFICIAL COURT REPORTER
300TH DISTRICT COURT
Appendix C Final Decree of Divorce (Trial Court)
The trial courts final decree is given here (next page).
Appendix D Inventory filed by Husband
Inventory filed by Husband is given here (next page)
Cagse # 63935: Third Amended Inventory & Appraisement of Alavoor Vasudevan' July 2014
Cause No. 63935
IN THE MATTER OF s tN THE DTSTR|CT COURT
THE MARRIAGE OF s
s
ALAVOOR VASUDEVAN s
AND s 3oorH JUDICIAL DISTRICT
DEEPA VASUDEVAN s
s
AND IN THE INTEREST OF s
PALLAVI DEV VASUDEVAN, A CHILD s BRAZORIA COUNTY, TEXAS
Wife---
oI450pooaof-oo,ooo oo s"e Exhibit B 18may2o14
O-Oi----
0 00 I O0
0 00 OqD*.
0 00 ooes not exist Mail r'-,d
Mril fraud
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i 8a l2olo Volvo
12010 c3o
votvo C30 lw i
g n.*rnt AOf K Wells Fargo
Ito l[""*nt - s29 Plr. Fid--807 LPLMa JO,COO.J/ I JO,COO.J/ lWife
11 32,294 54
o 2^^
^^ Lwife
VVIIE
__
Husband. As ol 25mav2}14
--.
Hqfg !9!. qq1!9-4 iH i i I 0.00 value miniscule - atc dead
l,
_17 ]!,99ount _ -*
I
18 Account - Merrill Edge ac xx14S04 , sJB+s
- gSS
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' 19 tnccount pavpaf
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-
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4,124 01 4124.41 as of 25may?O14
Page I of5 Cquse # 63935
Cause # 63935: Third Amended Inventory & Appraisement of Alavoor Vasudevan' July 2014
,t-l6ount - WeG Fargo saving x7461 H 1,281.64 1,281 64
N;.- Husband Wife Net Value Notes
-sollarm clockdo*.r B"d."," - W 000 Bro ken
31 ,Almirah in dining room W 1,000 00 '1,000 00 Expensive wood, architect
32 lBed master bedroom W 600 00 600 00 lncludes headboard wood
33 lCabinets (in small dine, up office) W 50 00 50 00
50.00 50 00
50.00 50.00
36
?A Chairq
Chairs in rrn
up aame
game ronm & offiee
room R lW 000 Not there anv more. Sold ?? |
37 Chairs & Tables in side living room 1,600 00 Luxury wood & architect
Child items(laptop, piano,kindle,apple) lW 1,600.00 see ExhibitA of deepa4thAm
Coat Hanger in big dine room 30.00l
Coat Hanger in small dine room
Coffee machine in kitchen __fW _l 20 00i -- l
contents upsta;" B[frt""D;adr;P1, l
-
Contents upstairs BR table,TV, bed
150 00 150.00 computers
120 00
50.00 50 00
120 00
3,000.00 Luxury wood & architect
Dining room table in small dine 180 00 180.00
Dolls in entry and side room expensive wood dolls
Electric cooker large (kitchen) 40 00
Electric cooker small (kitchen) 25 00
Exercise bike in BR 50.00
Exercise equip (treadmill wts etc) 300 00
External hard drive 000 000
56 F&G Life insurance 0.00 Wife also has F&G account
57 Furniture in poss of husband 0.00
Garage items (bike, wires, plastics) 50.00 50 00
Glass chess in side living room 60.00 60.00
60 lEofo pfateo Cofs,sifver in dine room IW See Exhibit D 18May20l4letter
161 Health saving ac Fidelity xxx9315 H 479 17 479.17
62 Key standboard in main living 40.00 40 00 rrood expensive
60.00
63 Lamp in side living __ 60_.00
lLife insurance NorthwesternM xx0804 W 20,684.60 48,684.60 69,369.19
Life insurance NWMutualX1672 pallavi iH i 14,792.97 14,792.97
Life insurance NWMut x1741 61,435.83
r-rrJrnsurance NWlrt ut it aa t 41,182 18 41,182.18
came with the house
t ___
i6e
t-
Monitor upstairs office 50 00
)70 Paintings in entryway lw. ]
Phone, wireless down Bedroom 50 00
-i PotsiPan in Kitchen 3Oo.Oo 3oo.o0 ]
Page 2 of5 Cattse i+ 63935
Cause # 63935: Third Amended Inventory & Appraisement of Alavoor Vasudevan' July 2014
73 lRefrigerator in garage W 100 00 100.00
No. ]Commnunity Personal Property Posr Husband Wife Net Value Notes
74 lRefrigerator in kitchen W 800.00 800 00
75 Shelves, two wooden in master BR W 70.00 70.00
76 Silk Sarees (cloths) silver,gold metal W 500.00 500 00 Has gold, silver wires in cloth
77 '', !9i99O W 500 00 500.00
78 lSony camcorder -
50.00 50.00
Zg lsorint