[00:00:01] Speaker 00:
Inray Dugar, Kyung Bjornbak, Council for Appellants Kyung Borbank, and David Bjornbak.

[00:00:09] Speaker 00:
Lanny J. Dugar, Appellee in Pro Se.

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All right.

[00:00:15] Speaker 02:
Thank you.

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As Mr. Dugar.

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Over.

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You may.

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You can go that way.

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You may approach.

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Would you like to reserve any time for reply?

[00:00:26] Speaker 01:
Yes, Your Honor.

[00:00:26] Speaker 01:
Do I have 10 minutes right now or 15 minutes?

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15.

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15 minutes and then plus the five minutes, right?

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Mr. Dugger, I believe you're on the other side of you.

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I don't mind.

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So it's 15 total?

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Yes.

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If you take five minutes, then you'll have 10 minutes.

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But you're in control of it.

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If you want to go over at that time, you're welcome to.

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We'll generally give you a sign around five minutes that you're into your reply time.

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But five minutes you would like to reserve?

[00:00:54] Speaker 01:
Yeah.

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All right.

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Then you may begin.

[00:00:57] Speaker 01:
Good morning.

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So my key arguments will be centered around Dugar made false representation to the court and multiple times.

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He does have assets and he intentionally did this with the intent to defraud me IRS and the other consumers.

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He admitted in the trial court that there are two real estate properties in Washington state under the name of Lenny J. Dugard.

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And also I searched on the web last night, I found two addresses that linked to what's

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Lenny Dugar's family as well.

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Dugar has admitted he failed to disclose, he admitted under the oath that he failed to disclose mutual funds, funds, public traded or non-public traded stocks.

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Number three, Dugar set up numerous, more than 10 sham shops to evade his civil liability.

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And I don't want to waste time here by listing all the names and I believe you have read that.

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The crux of the case is that whether this company belonged to him or just some other people's shops.

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It turns out I studied it.

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All the funds came originally from the company he owned.

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And also what we call the image home designer and he

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is the sole director of that company as of April 2021.

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So he failed to disclose that on the bankruptcy paper.

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And he has full control of the sum of accounts as well.

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He used the money to pay his attorney fee, do this and do that.

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So he failed to disclose his affiliation and his control of the bank accounts of these companies.

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So I was just saying that if we follow the money, we can find out these companies all belong to him or successors.

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The worst thing happened is that some of the successors still exist now.

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And I searched the website and linked the phone number with the old company's phone number.

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Everything gets connected.

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Last thing I want to say, another issue I want to make is that these companies were set up by his associates.

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Same address, same people.

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And if we allow that kind of sham shops to evade liability, there's no, doesn't make any sense for the creditor to claim any money in the bankruptcy court.

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He can say, this is not mine, go ahead and prove it.

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So,

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that involves millions and millions of dollars of these sham companies.

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And also he admitted that he failed to disclose one vehicle in terms of there are multiple vehicles, seven or 10 vehicles he failed to disclose in that according to the records I subpoenaed.

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And he provides zero evidence that he properly disposed it.

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And also,

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He failed to disclose his documents, and he intentionally hid it.

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Why I say that, because I made a request for production documents.

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He literally didn't produce anything.

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And finally, he finally excused, said, oh, these documents were burned in a car accident.

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And I did pull out his arguments, and I pulled out records.

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The record showed he has some other type of the vehicle.

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Really doesn't match the type of vehicle he put on that.

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Number two, he put on the bankruptcy petition.

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He said that there is no documents gets destroyed in a fire or something.

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He signed on the penalty of perjury.

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He made more than 10, 20 or 30 forced

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misrepresentations on the bankruptcy appeal paper, not the appeal paper, the petition.

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And if we look at it, in the circumstances, and he made false representation intentionally, he can make one mistake and say, oh, sorry, I missed this one, I missed that one.

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He cannot miss 20 or 30 items.

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And he eliminated, he failed to disclose a bunch of stuff.

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So that's why I believe the judges want and judge find he is a credible witness, which I don't believe so.

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And look at the circumstances.

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He say, I'm homeless.

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He refused to provide his physical home address many times.

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He say he is a homeless and judge you can see he is such a clean cut man.

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He doesn't look like homeless, but he stayed on record many times.

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And then he said, I'm homeless, I don't have a home, and I live in the rental place and live in the caretaking spot, multiple excuses.

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So, and also, I believe the judge was wrong by denying the motion to give the facts admitted because the Dugard failed to serve the opposition paper.

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And number two is the motion summary judgment at the Beyond Barc does present a very important documents that is the, that's one piece of documents show that he failed to disclose all the creditors.

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And that amount is about $200,000.

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And that really hurts the public interest.

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And I believe he failed to account where the money come from.

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There was another thing that he should not be discharged under the 72785 because he failed to count how much money that

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goes to the house that he owned in the Washington state.

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He cannot explain where the millions and millions of dollars of these shamp shops goes.

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And he failed to account for his income for selling his properties, two properties, in Southern California.

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And the worst in worst is that I got a judge that is not

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neutral.

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She act as a defacto lawyer for the Dugar and she helped Dugar to, Dugar say, I don't have any witness.

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The judge said, okay, do you, he doesn't fail to submit the witness list.

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There is no summary about what he's going to testify.

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So he should not be a witness at trial court.

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They just say, oh yeah, you know, do you want to bring yourself a witness?

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in my eyes I believe that loss of neutrality.

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Number two is that she failed to follow the rules because there's a rule say you were supposed to submit certain documents before the deadline and Mr. Yuga kept blowing the deadlines.

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There is no punishment.

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Yuga kept harrassing me

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spelled out racial, very racial words like, oh, yeah, you guys eat dogs.

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You know, this really disturbing and accused me just falsely on the internet and harassed me during the holidays because he indicated, I don't have intention to pay you.

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That is his intent.

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And so, Judge Kaufman also treated, oh, by the way,

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And I filed the closing argument before that line ordered by the Judge Kaufman.

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And Dugard was supposed to file his paper before that line.

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but he didn't file this, he just filed motion to dismiss.

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And there was motion to dismiss, was untimely, was frivolous, and then he was not sanctioned.

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And there was no closing argument, the judge still take his argument into her judgment.

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I mean, that's just unacceptable.

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And also I find,

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I produced evidence, documents, and my personal testimony.

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My testimony and my evidence doesn't go to the judge's consideration.

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When she stole the facts, whatever I produced, what I testified was not her factual findings.

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Let's say I testify, I find out Duga had two properties from the internet.

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That was not on record.

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And I testified, I went to the site, the shamp shop address,

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I find out the AHI American Home Improvement was on the same site, same suite number that I dealt with Dugar about 10 years ago.

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Same spot, same people.

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That was not on record.

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And the judge failed to reject Dugar's unserved

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oppositions to my motion.

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And so, and also when Duker made so many misrepresentations, oh, I don't know where I live.

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Oh yes, I, you know, I don't have records.

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I don't have my text paper, all the stuff.

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Judge make zero efforts to force him to produce the tax records and physical address.

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Without tax recs, how do we know that he is poor, he's not poor?

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And... You're about half a minute into your... Yeah, I'm gonna stop here, Judge, if you have questions.

[00:11:44] Speaker 02:
I don't.

[00:11:47] Speaker 02:
Not right now.

[00:11:47] Speaker 01:
Thank you.

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I'm gonna reserve for that.

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All right, thank you very much.

[00:11:50] Speaker 02:
Thank you.

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Mr. Duker, you may proceed.

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Judge Breaker, Judge Gahn, Judge Corbett, thank you for your time and thank you for

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being a judge and being here to hear this, what I would say is a frivolous appeal.

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My attorney has called me and told me that he cannot be here because he's very ill and he cannot even drive and he asked me to ask the court for a postponement of these hearings and I would relay that information to you and also tell you that

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He planned on bringing a motion under 8002 for sanctions regarding her appeal of the motion for summary judgment and the motion for RFAs that she never filed notice of appeal on either of those issues and yet those appeals are brought up under this appeal.

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and so doing that and I made that request I would request that at the very least that my attorney be allowed to bring this motion because I know that he spent many many hours on this case many many hours with me on the telephone and he had two motions that he wanted to bring and I know one was under

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8002, and I'm not familiar, the other was a 900 issue that he has to serve her with because of a safe harbor issue.

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And that brings us down to the crux of the case.

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She has offered all this testimony to the bankruptcy judge, which let's talk about the bankruptcy judge, Judge Victoria Kaufman, who is above reproach.

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She's been practicing bankruptcy law as an honored judge for

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what I believe over 20 years.

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And for Mrs. Bjornbach to belittle, berate, and demonize this judge with absolute allegations of wrongdoing to me is egregious.

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so i'd like the court to consider that uh... those allegations are not true that there was never any evidence on the record there was never any evidence that she presented that this judge ever exhibited any prejudice against her racially so that being said i'd like to go on to some of the issues in this case because she makes

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thousands of accusations.

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She had sent out more than a hundred subpoenas.

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Every contractor that sat in that office or that worked out of that office, and there were several, some of them that I did not even know, she subpoenaed all their bank records.

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She got nothing.

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what she did get and what accusations she did make, she presented to the judge, to Judge Kaufman.

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Judge Kaufman found out and made a ruling that she had no evidence, that she's made a bunch of conclusionary allegations.

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She never made a motion to compel for doing discovery or on

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anything else and yet she files conclusions that she should have made a motion to compel and brought the issue before the court.

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So the court has no discretion but to make a judgment on what's presented to them and this court made that judgment.

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And so we're now back here and she's offering all these allegations that have already been decided by Judge Kaufman.

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And so I don't think, in fact, I'm sure that it's not this court's obligation to re-litigate the original case.

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The fact is that Judge Kaufman made a knowing and intelligent decision as a very expert judge that is a graduate of Harvard.

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And then to turn around and be defamed by an attorney who has violated the California Code of Ethics.

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specifically the rule of candor.

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And if you go in to her petition, she says that I owned property at 82 or 8330 Santa Rosa Road, Atascadero, California, and she referred to some section of there.

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I never owned that property.

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She's misrepresented that fax to the court.

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She's talking about horses that I bought over 20, 22, 23 years ago.

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Those horses are long since dead.

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There was no obligation for me to disclose those horse.

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She's talking about cars that were bought at a police impound auction that were sold for junk

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and says that I didn't disclose them, I failed to disclose one car, a Mini Cooper, which the trustee brought up to me, told me that I should file a declaration with the court, why I forgot that.

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And I filed that declaration and I served her with notice and gave her that declaration that I forgot that vehicle.

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And Judge Kaufman ruled on that.

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And so now she brings that up again.

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And there was another issue of a lawsuit that I had filed in order to try to get indemnification of the bonding company, which I had no interest in personally, and the trustee brought that up.

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The court noticed that I made that mistake, and I forgot to do it, because I didn't consider it of any financial gain to me.

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And so I gave that notice to her and to the court.

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And she was not prejudiced for either of those actions, because she got immediately, on the notice of the trustee, on the trustee hearing, she was informed about that situation.

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And that was documented through my declaration.

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So to proceed and go back to the violation of candor, I mean, not only did I own these horses, not only did I

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not disclose that I own any stocks and bonds, which I never owned stocks and bonds.

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So I didn't disclose that I owned stocks and bonds.

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So try to enforce the negative against me.

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That doesn't work.

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There's no proof that I didn't disclose that I had any stocks and bonds.

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There's no proof that I have any assets at all.

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I'm an indigent.

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So even if this court rules in her favor, what does she get?

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zero because I am judgment-proof.

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I have no assets, and I'm 75 years old, and I'm disabled, and there's no possibility of me ever recouping the position that I was in 10 years ago.

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We've been in litigation for over 10 years.

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She had a judgment against me.

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A judgment that was entered in Burbank Superior Court because I got tired of the litigation and I stipulated to a judgment on the grounds that she would go after my insurance company.

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Whoa, my insurance company went in bankruptcy and she became enraged because she couldn't collect anything.

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I collected $8,000 because I needed the money for an expert witness.

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And I got that money and I hired an expert witness for another case, which this court is not concerned with.

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But the violations of the rule of candor, to me, are at horn.

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And for an attorney to make misrepresentations to the court.

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I never owned any property in Washington.

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She states categorically I own property in Washington.

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And she offers evidence of that.

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My son has the same name as I do.

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Basically, my son is Lanny J. August Dugar.

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So sometimes, and maybe he uses the name Lanny J., Lanny August.

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I know he uses the name Augie.

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And I know that he's doing very well in business, which has nothing to do with me.

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And I'm very proud of him.

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And I don't like her defaming him.

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She even subpoenaed the bank records of my daughter's father-in-law, who was a police officer for 30 years.

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And she claims that my money went to fund his family trust.

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But she has no evidence of any of that.

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She has no evidence of anything.

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I beg the court to find one allegation that she has made that offers any evidence of any wrongdoing of me that was not disclosed to her that caused any prejudice to her case.

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And there is none.

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So I'll end my little soliloquy here on asking the court to deny her appeal.

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And I fully expect to be in the Ninth Circuit Court of Appeals when that happens.

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And God forbid my attorney gets better.

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I hope that this court will allow him to file a motion under 8002, which is clear and convincing that she violated that rule.

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and also under the 900 series where she has to be given a copy of the petition and have an opportunity to respond under the safe harbor provision.

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And that's not really a matter which is of severe interest to me because there's no way that I can collect any sanctions.

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There's no way that I can collect any benefit for the three or three and a half years of bankruptcy litigation that I've gone through.

[00:22:05] Speaker 03:
the fact that my friends have been dragged into court to defend against her subpoenas of their personal bank accounts.

[00:22:13] Speaker 03:
The fact that I've been contacted by other people named Davis, my son-in-law, who is my attorney, who she's made subpoenaed their bank accounts, they have the same name, Matt Davis.

[00:22:24] Speaker 03:
They may not be Matt K. Davis, and they may not live in a Tascadero, but she subpoenaed a lot of documents and claimed that Matt Davis owns all these pieces of property closely associated with the date of my bankruptcy.

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And I'm here to tell you categorically there's no proof of that because I have no knowledge about any property that Matt Davis has bought, nor have I contributed any money to anybody.

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And so this appeal is especially egregious because it's motivated by hate, ill will, and malice.

[00:23:02] Speaker 03:
And I will confess that goes both ways.

[00:23:06] Speaker 03:
I'm sorry to say that, but being personally involved in this case and being tortured for so many years, I just wanted out of the civil case.

[00:23:17] Speaker 03:
And I tried to do that by stipulating to a judgment for a million five so she could go against my insurance company.

[00:23:24] Speaker 03:
I did not know my insurance company was going bankrupt.

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But I didn't think she was able to collect.

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I thought it would be against public policy.

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And I needed the $8,000, and I took it.

[00:23:33] Speaker 03:
And I thought we were done.

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I didn't think we were entitled to another three and a half years of bankruptcy.

[00:23:42] Speaker 03:
I just am aghast by the allegations that have been made against Judge Kaufman.

[00:23:51] Speaker 03:
And she's a lawyer that made these allegations.

[00:23:54] Speaker 03:
And she's a lawyer that filed an appeal on the motion for summary judgment and on the motion to admit RFAs admitted.

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And that deadline has long since passed years ago.

[00:24:07] Speaker 03:
And so I think a motion for sanctions, because she has wasted so much of this court's time, I would ask this court to impose sanctions sue sponte, because I'm sure you're familiar with all the issues of this case, and you've read her complaint.

[00:24:22] Speaker 03:
And I thank the court for your time.

[00:24:25] Speaker 02:
Thank you.

[00:24:27] Speaker 03:
Reply.

[00:24:32] Speaker 01:
It's a little over four minutes.

[00:24:33] Speaker 01:
It's unfortunate.

[00:24:34] Speaker 01:
Dugard displayed hatred for almost 10 years.

[00:24:38] Speaker 01:
He cursed me to die from cancer.

[00:24:41] Speaker 01:
Posted on the website, accused me to be a prostitute.

[00:24:44] Speaker 01:
This outrageous conduct was banned by the Burbank judge.

[00:24:49] Speaker 01:
Anyway, I want to say that please ignore Dugard's opposing paper because his lawyer entered the appearance.

[00:24:57] Speaker 01:
His attorney is supposed to file a position.

[00:24:59] Speaker 01:
And so Dugar doesn't have a right to file an appeal.

[00:25:03] Speaker 01:
And also I wish the court can deny Dugar's request to file a sanction.

[00:25:10] Speaker 01:
There's no grants for the section.

[00:25:12] Speaker 01:
And also I received an email from his attorney.

[00:25:15] Speaker 01:
He said he's going to make an appearance today.

[00:25:18] Speaker 01:
He doesn't indicate he was sick or ill.

[00:25:21] Speaker 01:
And so all these excuses to continue the hearing is baseless.

[00:25:26] Speaker 01:
I respectfully request the judge not to continue the hearing, just make a judgment based on the documents and the arguments.

[00:25:35] Speaker 01:
And then also, I believe Judge Kaufman is very experienced judge, but somehow even the judge can make some errors from time to time.

[00:25:47] Speaker 01:
And also, Dugar mentioned about, I didn't fail to give the notice

[00:25:51] Speaker 01:
about I need to appeal on the motion of summary judgment of the stuff.

[00:25:55] Speaker 01:
Everything was on the notice.

[00:25:57] Speaker 01:
And the Dugar and his counsel get on both the notice, full transcript, all the exhibits that I submit with court, they have a copy.

[00:26:08] Speaker 01:
So this is the way that Dugar wanted to recoup his attorney fee, which is not right.

[00:26:15] Speaker 01:
Disguised as a sanction, but he wants to get his attorney fee back that's totally

[00:26:20] Speaker 01:
outrageous because this the PO based on merits based on the facts.

[00:26:25] Speaker 01:
I produced these companies documents that you can see how the money transfer from one company to another.

[00:26:35] Speaker 01:
And so as to the real estate, he said he doesn't own it, and his son, Lenny A. Dugar, he admitted his son's name is Lenny A. Dugar, not Lenny J. Dugar.

[00:26:47] Speaker 01:
However, in the trial court, if you look at the transcript, he said there are two properties he admitted, okay?

[00:26:54] Speaker 01:
It's not my testimony, it's his own testimony.

[00:26:56] Speaker 01:
He said Lenny J. Dugar, it's under the Lenny J. Dugar's name.

[00:27:01] Speaker 01:
As to the other two properties in L.A., he owned it more than 20 years ago that I pulled out information from the county records.

[00:27:10] Speaker 01:
Unless the county records made an error, he owns it 20 years ago.

[00:27:15] Speaker 01:
So as to horses, there's a records he purchased it, but there's no records he disposed of the horses.

[00:27:22] Speaker 01:
As the vehicle, there are records that these vehicles are under his name, but there were no records he disposed these records.

[00:27:31] Speaker 01:
I understand his hatred because he didn't want to pay me a dime.

[00:27:35] Speaker 01:
He wanted me to die early.

[00:27:37] Speaker 01:
He said, I wish you'd get a cancer and the cancer would torture you to death.

[00:27:41] Speaker 01:
So that kind of hatred displayed in court.

[00:27:46] Speaker 01:
And number three, I want to say he failed to produce all the tax records, shareholder certificates,

[00:27:55] Speaker 01:
Everything he has control, he said, no, I don't have it.

[00:27:58] Speaker 01:
So his bankruptcy should not be discharged under the 727A3 for that reason, because his vehicle was not burnt.

[00:28:10] Speaker 01:
Okay, he said it's wireless.

[00:28:11] Speaker 01:
There was another, the record shows another type of the vehicle, but these two vehicles even don't match.

[00:28:17] Speaker 01:
Number one, number two, I already say that.

[00:28:19] Speaker 01:
He admitted on the records that he,

[00:28:23] Speaker 01:
the appeal, I'm sorry, on the petition, he said that no documents was destroyed.

[00:28:29] Speaker 01:
So, Your Honor, I wish you, and also based on the facts, he made these numerous misrepresentation with intent.

[00:28:41] Speaker 01:
Otherwise, he won't do that.

[00:28:42] Speaker 01:
Thank you so much for your time.

[00:28:44] Speaker 01:
Thank you.

[00:28:45] Speaker 01:
Thank you.

[00:28:55] Speaker 02:
Before we submit this, there was an oral motion made by Appellee to continue the oral argument.

[00:29:03] Speaker 02:
We've heard oral argument.

[00:29:04] Speaker 02:
I understand that Council had entered an appearance.

[00:29:10] Speaker 02:
We've heard oral argument.

[00:29:11] Speaker 02:
The motion continues tonight.

[00:29:12] Speaker 02:
We'll address the other matters in our decision.

[00:29:15] Speaker 02:
We'll go ahead and take those under submission.

[00:29:18] Speaker 02:
And that will conclude the oral argument.

[00:29:20] Speaker 02:
Thank you for your presentation.

[00:29:22] Speaker 02:
That concludes our hearings or oral arguments for this morning and will be adjourned.

[00:29:29] Speaker 02:
Thank you.

[00:29:29] Speaker 00:
All rise.

[00:29:30] Speaker 00:
The session stands and is now adjourned.