Bryan Pringle v. William Adams Jr et al

Filing 283

DECLARATION of Tal E. Dickstein in support of MOTION for Attorney Fees of all Defendants 280 filed by Defendants David Guetta, Frederick Riesterer, Shapiro Bernstein and Co. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Miller, Donald)

fl/S3, 3 0
3
1
CAUSE NO. 2003-CI-16056
BRYAN PRINGLE AND CHARLES ) IN THE DISTRICT COURT
PRINGLE
VS.

) 224TH JUDICIAL DISTRICT

USAA INSURANCE AGENCY, INC. ) BEXAR COUNTY, TEXAS

THE VIDEOTAPED DEPOSITION OF BRYAN D. PRINGLE
DECEMBER 16TH, 2004

THE VIDEOTAPED DEPOSITION OF BRYAN D. PRINGLE, having
been duly sworn, was taken in the above-styled and
numbered cause on December 16th, 2004, from 9:56 a.m.
until 12:03 p.m. and 1:28 p.m. until 4:27 p.m.,
before Jacquelyn A. Hill, CSR in and for the State of
Texas, reported by machine shorthand, at the law
offices of Adami, Goldman & Shuffield, 9311
San Pedro, Suite 900, San Antonio, Texas 78216,
pursuant to the Texas Rules of Civil Procedure and
the provisions stated on the record or attached
hereto.

COPY
COURT REPORTERS

SCHAFER COURT REPORTERS
PHONE: [phone] FAX: [phone]

2

1
2
3
4
5

APPEARANCES
FOR THE PLAINTIFF(S):
MR. KENNETH E. GRUBBS
Law Office of Kenneth E. Grubbs
Austin Building, Suite 249
4415 Piedras Drive West
San Antonio, Texas 78228

6
FOR THE DEFENDANT(S):
7
8
9

MR. ROBERT F. SCHEIHING
Adami, Goldman & Shuffield
9311 San Pedro, Suite 900
San Antonio, Texas 78216

10
11
12
13
14
15

MR. PETER BEVERAGE
Executive Assistant Counsel
P&C Litigation Counsel
USAA
9800 Fredericksburg Road, E-03-E
San Antonio, Texas 78288
VIDEO TECHNICIAN:
MR. GEORGE SCHAKER

16
17
18
19
20
21
22
23
24
25
SCHARER COURT REPORTERS
PHONE: [phone] FAX: [phone]

3

1

INDEX
PAGE
2

2

Appearances

3

BRYAN D. PRINGLE

4

Examination by Mr. Scheihing

5

Signature and Changes

251

6

Reporter's Certificate

253

7

EXHIBITS
NO. DESCRIPTION
1
60
Affidavit Of Bryan D. Pringle
2
63
8-28-02 letter from D. Rodriguez to Witness
3
66
Order Inability To Pay Costs Of Appeal
4
68
Photocopy of credit cards
5
70
6-16-03 letter to TDI from Witness
6
99
Loss Report from Barrington claim
7
103
3-6-00 to USAA from Witness
8
107
List of producer CDs from Barrington claim
9
110
Itemized Statement Of Loss from Store & Lock claim
10
110
1-31-01 letter from Ranger Insurance to USAA
11
118
Property Loss Report from 1517 North Tenth claim
12
123
Property Loss Report from 1519 North Tenth claim
131
13
Reservation of rights letter
14
132
9-9-02 letter from C. Pringle to R. Ryan
15
139
List of lawsuits
170
16
Photograph
179
17
Abiliene P.D. report
18
(Document not used.)

8

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

SCHAKER COURT REPORTERS
PHONE: [phone] FAX: [phone]

5

4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

EXHIBITS CONT'D.
NO. DESCRIPTION
19
Loss report for 1517 North Tenth claim
20
Photocopy of CD covers
21
11-29-02 letter from C. Pringle and Witness to
USAA
22
11-13-02 letter from USAA to C. Pringle
23
Photograph
24
Photograph
25
12-13-02 letter from C. Pringle to TDI
26
11-26-02 letter from USAA to Witness
27
1-17-03 letter from K. Grubbs to C. Parsons
28
2-4-03 letter from K. Grubbs to C. Parsons
29
5-28-03 letter to USAA
30
6-10-03 letter from C. Pringle and Witness to
TDI
31
6-21-03 letter from C. Pringle and Witness to
TDO

PAGE
185

17
18
19
20
21
22
23
24
25
SCHAKER COURT REPORTERS
PHONE: [phone] FAX: [phone]

185
202
202
202
202
216
217
223
224
228
230
233

1
2

VIDEO TECHNICIAN: We're on record
December 16th, 2004 at 9:56 a.m.

3
4

BRYAN D. PRINGLE,
having been duly sworn, testified as follows:

5
6
7
8

EXAMINATION
BY MR. SCHEIHING:
Q.

Tell me your full name for the record,

please.

9

A.

Bryan D. Pringle.

10

Q.

Mr. Pringle, my name's Bob Scheihing, and as

11

you know, I represent USAA in the lawsuit that you

12

filed. Have you ever had your deposition given

13

before?

14

A.

Yes, sir.

15

Q. On how many occasions?

16
17

VIDEO TECHNICIAN: Excuse me, your mike
fell out.

18

THE WITNESS: Did it?

19

MR. GRUBBS: Oh, yeah.

20

THE WITNESS: Sorry about that.

21

VIDEO TECHNICIAN: Thank you.

22

THE WITNESS: Did you hear what I said

23

earlier?

24

VIDEO TECHNICIAN: Yes.

25

THE WITNESS: Oh, you got it? Ken, I
SCHAFER COURT REPORTERS

PHONE: [phone] FAX: [phone]

139
1

replace them on June 13th, and a couple of months

2

later, you put them in the garage and went back to

3

San Antonio; correct?

4

A.

Yeah. I don't know if it was a couple of

5

months. It might have been a few weeks or something,

6

but, yeah.

7
8
9

(Exhibit Number 15 marked.)
Q.

(BY MR. SCHEIHING) Okay. Let me show you

Exhibit 15. This is a document that y'all produced.

10

Is that a list of the lawsuits that you've been a

11

party to?

12

A.

13

Q. I think that was exhibit -- an exhibit to

Looks familiar. Yeah, looks about right.

14

y'all's request -- or interrogatory responses. Let

15

me see that real quick. I don't have another copy of

16

that.

17

Okay. The first one, the USAA case, this is

18

the case we've been talking about, over the June

19

12th, 2001 theft; correct?

20

A. Right.

21

Q.

22

A. Right.

23

Q.

Then the second one is an auto accident?

Third one, auto accident. Fourth one, you

24

sued Raymond Jones and National Automotive --

25

Automatic Transmission in county court. And it looks
SCHARER COURT REPORTERS

PHONE'

(210) 4449-q71P rnr•

t9int

.4m

140

1

like this case was settled out of court; correct?

2

A.

3

Q. All right. Did that have something to do

4

Yeah.

with them doing work on a car or something?

5

A. Yeah.

6

Q. Okay.

7

A. I went and I had an oil pump that was bad

8

and they gave me a new transmission. I said, that's

9

a nice transmission but you didn't get it.

10

Q. Okay. Then Charles had an auto accident

11

that you're not involved in. Then it looks like you

12

had an eviction suit?

13

A. Yeah.

14

Q. Which premise was this?

15

A.

That was 11416 Powder Mill Trail in Austin.

16

Q.

Okay. That's in Austin. Then Richmond

17

Automotive, Travis County again. That looks like

18

they did some work for you and you sued them and --

19

and settled against --

20

A. Yeah.

21

Q.

They settled with you?

22

A.

Yeah. Engine work. The engine failed and

23
24
25

he didn't want to extend beyond his warranty.
Q. Okay. And then the next one is Southside
Wrecker.

PHONE:

SC HAKER COURT REPORTERS
(210) 4172-q11R

AF

141
1

A.

2

Q. What did they do?

3

A.

Right.

Oh, Lord. To make it the simplest answer,

4

they -- they vandalized my car while it was in

5

storage. That was after it had been stolen and there

6

was some -- there was some things on that that they

7

admitted to doing.

8
9
10
11

Q.

Okay. Next one is THF&C Hi-Tech Automotive.

Again, it looks like for some kind of repairs to a
car or something?
A.

Yeah. I purchased a vehicle. He said he --

12

he was going to give me a one-year war -- a one-year

13

warranty on the engine. Well, I had to go to

14

Richmond Automotive to get it put in. And they

15

screwed me over there, too. But I had an ad in the

16

paper that showed -- it says one-year warranty. So

17

he didn't show up.

18
19
20

Q. Okay. Then the next one, Cash Flow Systems,
Inc. What did you sue them for?
A.

I had bought a -- a -- a real estate course,

21

some books, and it was also an agreement that he

22

would partner on real estate deals with you, which he

23

didn't. So I said, well, that's the only reason why

24

I want my money back. And finally, they did give me

25

my money.
SCHAMER COURT REPORTERS

PHONE: [phone] FAX:

(210)

492-4959

142
1
2

Q. All right. Then Bryan Pringle suing Joanna
Benavides. What was that for?

3

A. Car -- the lady smacked the side of my car

4

and said I did it. And I said, "Cars don't go like

5

this, ma'am. They only go forwards and backwards."

6

Q.

Okay. So that's one, two, three, four,

7

five, six, seven, eight, nine, ten, 11 lawsuits that

8

are listed on Exhibit 15. Besides that, you --

9

you've testified that you had another lawsuit against

10

Colonial Insurance.

11

A.

Colonial Lloyds. Right.

12

Q.

Yeah. Is that case still going on?

13

A. Yeah. We supposed to -- they keep getting

14

continuances. We're supposed to go to court in

15

February 7th, 2005.

16

Q.

Is that in Taylor County?

17

A.

Yes.

18

Q.

Okay. Then another lawsuit is -- that I

19

don't think is on that list is Bryan Pringle and

20

Charles Pringle versus David Lawrence, Linda

21

Lawrence, Center Realtors, James A. Salzbury and Home

22

Critic. This is the -- a lawsuit that you and your

23

father filed basically for failure to disclose

24

problems with the 940 Beech premise at the time it

25

was sold to you?
SCHAKER COURT REPORTERS
PHONE: [phone] FAX: [phone]

143

A.

1

Yeah. It was also for fraud, because it had

2

been condemned. And the real estate agent gave a

3

list of rents saying --

4

Q. Right.

5

A.

-- and that was -- you know, condemned

6

properties don't have people living in them with

7

rent. Sure, I'll pay you 500 to live -- not live

8

there.

9

Q.

10

Okay. Is that case still going on or is it

gone?

11

MR. GRUBBS: It settled.

12

A. No, I think they settled that one. They

13

came to their senses.

14

Q.

15
16

THE WITNESS: That was in 2003, wasn't

it?

17
18
19
20

(BY MR. SCHEIHING) How long ago?

MR. GRUBBS: Um-hum.
Q.

(BY MR. SCHEIHING) Do you recall what the

settlement was or -A. Well, I signed a -- a disc -- what was that,

21

non-disclosure --

22

Q. Okay.

23

A.

24
25

-- confidentiality agreement.
MR. GRUBBS: Good deal.

Q.

(BY MR. SCHEIHING) All right.
SCHARER COURT REPORTERS

PHONE: [phone]R

F7IX- ('in) A09-A0g0

144

1
2

A.

They paid, though. They -- I think we got

an apology, too, from Mr. Lawrence.

3

THE WITNESS: Didn't we?

4

MR. GRUBBS: (Counsel nodding head

5

affirmatively.)

6

A.

Yeah, he apologized for it.

7

Q.

(BY MR. SCHEIHING) Okay. So the list of 11

8

lawsuits is 15. I told you about two others, which

9

would be number 12 and 13, and then you've got this

10

one against USAA, which is 14. Are you aware of any

11

other lawsuits that you have filed or that are

12

currently pending?

13

A.

No, I think that's enough.

14

Q.

You've been to court more than I have.

15

A.

Oh, I'm sorry. Yeah, there's one more.

16

MR. GRUBBS: There is one more.

17

A.

Jim Linehan.

18

Q.

(BY MR. SCHEIHING) Oh, okay. That's right.

19

A. And he -- I -- if he shows up, I -- God

20

bless him.

21

Q.

And that's in J.P. Court, as well?

22

A.

Yeah. Precinct 3. It's on January 7th at

23

4:00.

24

Q.

In Abilene?

25

A.

No. Bexar County.

SHAKER COURT REPORTERS
PHONE: [phone] FAX: (210) 4Q2-iQcQ

253
1
2

CAUSE NO. 2003-CI-16056
BRYAN PRINGLE AND CHARLES ) IN THE DISTRICT COURT
PRINGLE

3
VS.

) 224TH JUDICIAL DISTRICT

4
USAA INSURANCE AGENCY, INC. ) BEXAR COUNTY, TEXAS
5
6
7

REPORTER'S CERTIFICATE TO THE VIDEOTAPED DEPOSITION
OF BRYAN D. PRINGLE
TAKEN ON DECEMBER 16TH, 2004

8
I, JACQUELYN A. HILL, Certified Shorthand

9
10

Reporter in and for the State of Texas, hereby

11

certify to the following:

12

That the witness, BRYAN D. PRINGLE, was

13

duly sworn by the officer and that the transcript of

14

the oral deposition is a true record of the testimony

15

given by the witness;

16

That the deposition transcript was

17

submitted on the

18

to the witness, or to the attorney for the witness

19

for examination, signature, and return to me by the

20

44(

day o

day of

21
22

02
§

2005,

2005.

That the amount' of time used by each party
at the deposition is as follows:

23
24

Mr. Grubbs - 0 hour(s):3 minute(s)
Mr. Scheihing - 4 hour(s):22 minute(s)

25

That pursuant to information given to the
SCUAKER COURT REPORTERS

PHONE:

[phone] FAX: [phone]

254
1

deposition officer at the time said testimony was

2

taken, the following includes counsel for all parties

3

of record:

4

KENNETH E. GRUBBS
ROBERT F. SCHEIHING

Attorney for Plaintiff(s);
Attorney for Defendant(s);

5
6

I further certify that I am neither counsel

7

for, related to, nor employed by any of the parties

8

or attorneys in the action in which this proceeding

9

was taken, and further that I am not financially or

10

otherwise interested in the outcome of the action.

11
Certified to by me this

oVi

day of

12
, 2005.
13
14
JACQUELYN A. HILL
Texas CSR 2481
Firm Registration No. 180
Expiration Date: 12/31/06
9311 San Pedro, Suite 700
San Antonio, Texas 78216
[phone]

15
16
17
18
19

FURTHER CERTIFICATION UNDER RULE 203 TRCP

20

The original deposition was/was not

21

returned to the deposition officer on
If returned, the attached Changes and

22
23

Signature page contains any changes and the reasons

24

therefor;

25

If returned, the original deposition was
SCHARER COURT REPORTERS

PHONE: [phone] FAX: (210)

492-4qco

255

1

delivered to ROBERT F. SCHEIHING, Custodial Attorney;

2

That $

is the deposition

3

officer's charges to the Defendant(s) for preparing

4

the original deposition transcript and any copies of

5

exhibits;

6

That the deposition was delivered in

7

accordance with Rule 203.3, and that a copy of this

8

certificate was served on all parties shown herein

9

and filed with the Clerk.

10
11

Certified to by me this

day of

, 200 .

12
13
14
15
16

JACQUELYN A. HILL
Texas CSR 2481
Firm Registration No. 180
Expiration Date: 12/31/06
9311 San Pedro, Suite 700
San Antonio, Texas 78216
[phone]

17
18
19
20
21
22
23
24
25
SCHAKER COURT REPORTERS

FILED

CAUSE#

2651
9/19/02
TAYLOR COUNTY BAD FAITH
BREACH/DTPA
COURT 2

5/8/02
PCT 3
J.P. COURT
BEXAR COUNTY

PLAINTIFF(S)

DEFENDANT(S)

DISPOSITION

CHARLES PRINGLE
& BRYAN PRINGLE

USAA INSURANCE

DISMISSED WITH
PREJUDICE &
SETTLED OUT OF
COURT FOR $1250
10/3/02

30-S-02-00210-01 BRYAN PRINGLE
AUTO
ACCIDENT

ROBERT TINDLE, JR DEFAULT
JUDGEMENT FOR
$5000 AGAINST
DEFENDANT
5/21/02

CHARLES PRINGLE DELTON LECOMPTE PENDING
2002-CI-04767
3/28/02
& HIGHWAY HAULERS
131ST DISTRICT AUTO ACCIDENT & JEFF PRINGLE
INC
& PERSONAL
COURT
BEXAR COUNTY INJURY
7558
3/7/02
DECEPTIVE
PCT 1, PL1
ACT/DTPA
J.P COURT
TAYLOR COUNTY

BRYAN PRINGLE

RAYMOND L. JONES
& NATIONAL
AUTOMATIC
TRANSMISSIONS, 1NC

DISMISSED WITH
PREJUDICE &
SETTLED OUT OF
COURT FOR $450
4/2/02

JOHN BARRETT

DEFAULT
JUDGEMENT FOR
$5000 AGAINST
DEFENDANT
3/27/02

12/26/01
PCT 3
J.P. COURT
BEXAR COUNTY

30-S-01-00-601-01 CHARLES PRINGLE
AUTO
ACCIDENT

5/8/00
PCT 2
J.P. COURT
WILLIAMSON
COUNTY

23E000098
EVICTION
SUIT

BRYAN PRINGLE

LAURA RUIZ ORREGO JUDGEMENT
& DAVID ORREGO
ASSESSED FOR $57
AGAINST
DEFENDANTS
5/23/00

4/12/99
J.P. COURT
PCT 2
1RAVIS COUNTY

10935
WARRANTY
BREACH

BRYAN PRINGLE

RICHMOND
AUTOMOTIVE

DEFAULT
JUDGEMENT FOR
$2700
AGAINST
DEFENDANT
4/12/00

10/2 6/98
PCT 3
J.P COURT
TRAVIS COUNTY

09687
VEHICLE
DAMAGE

BRYAN PRINGLE

SOUTHSIDE
WRECKER, INC

JUDGEMENT
ASSESSED FOR $915
AGAINST
DEIENDANT
1/7/99

FILED

CAUSE#

PLAINTIFF(S)

DEFENDANT(S)

DISPOSITION

10/26/98
PCT 4
J.P. COURT
TRAVIS COUNTY

004215
WARRANTY
BREACH

BRYAN PRINGLE

THF&C, HI-TECH
AUTOMOTIVE
1&2

DEFAULT
JUDGEMENT
AGAINST
DEFENDANTS
1/25/99
APPEALED &
DISMISSED FOR
LACK OF WANT
OF PROSECUTION

11/22/96
PCT 2
J. P. COURT
WILLIAMSON
COUNTY

2SC960066
DECEPTIVE
ACT/DTPA

BRYAN PRINGLE

CASH FLOW
SYSTEMS, INC

DISMISSED WITH
PREJUDICE &
SETTLED OUT OF
COURT FOR $980
12/12/96

10/29/93
PCT 1
J.P.COURT
WILLIAMSON
COUNTY

S93050
AUTO
ACCIDENT

BRYAN PRINGLE

JOANNA
BENAVIDES

JUDGEMENT
ASSESSED
FOR $1766.13
AGAINST
DEPENDANT
1/14/94