transcript of proceedings 11-07-2014_condensed-1

·1· · · · ·SUPERIOR COURT OF THE STATE OF CALIFORNIA

·2· · · · · · IN AND FOR THE COUNTY OF SACRAMENTO

·3

·4· ·_________________________________· · · · · · · · · · · · · · · · · · · )·5· ·RANIA D. SUKKARY,· · · · · · · · )· · · · · · · · · · · · · · · · · · · )·6· · · · · Petitioner,· · · · · · · ·)· · · · · · · · · · · · · · · · · · · )·7· · · · vs.· · · · · · · · · · · · ·)CASE NO: 14DV02324· · · · · · · · · · · · · · · · · · · )·8· ·TAMIR E. SUKKARY,· · · · · · · · )· · · · · · · · · · · · · · · · · · · )·9· · · · · ·Respondent.· · · · · · · )· · ·_________________________________)10

11

12

13

14· · · · · · · REPORTER'S TRANSCRIPT OF PROCEEDINGS

15· · · · · · · ·RESTRAINING ORDER CONTESTED HEARING

16· · · · · · · · · ·FRIDAY, NOVEMBER 7, 2014

17

18

19

20

21

22

23

24· ·REPORTED BY:· ·NICHOLE THUT, CSR, RPR· · · · · · · · · · CSR #1365525

http://www.huseby.com

·1· · · · · · · · · · · ·A P P E A R A N C E S·2·3· ·FOR THE PETITIONER: CRIMMIGRATION, INC.· · · · · · · · · · · · ·Attorneys At Law·4· · · · · · · · · · · ·2921 Fulton Avenue· · · · · · · · · · · · ·Sacramento, CA 95821·5· · · · · · · · · · · · ·PHONE: (916) 877-5577·6· · · · · · · · · · · ·FAX:· ·1-866-828-7898·7· · · · · · · · · · · ·BY: SAHREEN MANZAR, ESQ.·8·910· ·FOR THE RESPONDENT: LAW OFFICE OF MICHELLE STOWELL· · · · · · · · · · · · ·Attorney at Law11· · · · · · · · · · · ·455 University Avenue· · · · · · · · · · · · ·Suite #37012· · · · · · · · · · · ·Sacramento, CA 9582513· · · · · · · · · · · ·PHONE: (916) 993-4999· · · · · · · · · · · · ·FAX:· ·(916) 993-499214· · · · · · · · · · · · ·BY:· MICHELLE STOWELL, ESQ.1516· · ·ALSO PRESENT:· · · ·HONORABLE PETER J. MCBRIEN17· · · · · · · · · · · ·Commissioner· · · · · · · · · · · · ·3341 Power Inn Road18· · · · · · · · · · · ·Department 125· · · · · · · · · · · · ·Sacramento, CA 9582619202122232425

Page 3·1· · · · · · · · · · ·INDEX OF EXAMINATION

·2· ·PETITIONER'S WITNESS:· · · · · · · · · · · · · · ·PAGE:

·3· ·Rania Sukkary

· · ·Further Direct Examintion by Ms. Manzar ............5

·4· ·Cross-Examination by Ms. Stowell ...................8

· · ·Redirect Examination by Ms. Manzar ................30

·5

·6

· · ·RESPONDENT'S WITNESS:· · · · · · · · · · · · · · ·PAGE:

·7

· · ·Tamir Sukkary

·8· ·Direct Examination by Ms. Stowell .................33

· · ·Cross-Examination by Ms. Manzar ...................55

·9

10

11· · · · · · · · · · · · ·EXHIBIT INDEX

12· ·EXHIBIT· · · · · · · · IDENTIFIED· · MARKED· · ·ADMITTED

13· ·PETITIONER'S EXHIBITS:

14· ·Exhibit L· · · · · · · · · · · · · · · · · · · · · 7

15

16· ·RESPONDENT'S EXHIBITS:

17· ·Exhibit 3· · · · · · · · · · · · · · · ·11

18· ·Exhibit 5· · · · · · · · · · · · · · · · · · · · ·10

19· ·Exhibit 6· · · · · · · · · · · · · · · ·14· · · · 15

20· ·Exhibit 7· · · · · · · · 20· · · · · · · · · · · ·21

21· ·Exhibit 9· · · · · · · · 23· · · · · · · · · · · ·24

22· ·Exhibit 10· · · · · · · ·17

23

24

25

Page 4·1· · · · · · · · · · FRIDAY, NOVEMBER 7, 2014

·2· · · · · · · · · · · · · · -oOo-

·3· · · · The above-entitled matter came on regularly this

·4· ·date in the Superior Court of California, County of

·5· ·Sacramento, before Honorable PETER J. MCBRIEN,

·6· ·Commissioner, presiding.

·7· · · · The Petitioner, RANIA SUKKARY, was represented by

·8· ·SAHREEN MANZAR.

·9· · · · The Respondent, TAMIR SUKKARY, was represented by

10· ·MICHELLE STOWELL.

11· · · · NICHOLE THUT, CSR, Certified Shorthand Reporter,

12· ·was present and acting.

13· · · · The following proceedings were had and taken, to

14· ·wit:

15· · · · · · · · · P R O C E E D I N G S

16· · · · · · · · · · · · · -oOo-

17· · · · · ·THE COURT:· I believe we're probably ready for

18· ·cross-examination.

19· · · · · ·Are you finished?

20· · · · · ·MS. MANZAR:· I'm sorry, Your Honor, no, I'm not

21· ·done with --

22· · · · · ·THE COURT:· I'm sorry?

23· · · · · ·MS. MANZAR:· Sorry, Your Honor.· I'm not -- we

24· ·weren't done on direct examination yet.

25· · · · · ·THE COURT:· Counsel, in chambers, please.

Page 5·1· · · · · ·(Recess taken.)

·2· · · · · ·THE COURT:· If you would resume the stand.· You

·3· ·are still under oath for this proceeding.

·4· · · · · · · · DIRECT EXAMINATION (Continued)

·5· ·Q.· · · BY MS. MANZAR:· Good afternoon, Ms. Sukkary.

·6· ·A.· · · Yes.

·7· ·Q.· · · Ms. Sukkary, how did you come to know about the

·8· ·restraining order application process?

·9· ·A.· · · When I met with the police, and when I did the

10· ·order about my husband, Tamir Sukkary, the police

11· ·officer told me about the restraining order.

12· ·Q.· · · When did you file the restraining order,

13· ·Ms. Sukkary?

14· ·A.· · · I applied for the restraining order 22,

15· ·August, 2014.

16· ·Q.· · · Were you able to file it on August 22nd, 2014,

17· ·Ms. Sukkary?

18· ·A.· · · No.

19· ·Q.· · · Why couldn't you file it that day?

20· ·A.· · · Because I mentioned the name of the two girls

21· ·that -- Selma Sukkary and Emira[verbatim] Sukkary, and I

22· ·have nobody -- I have no -- I'm not adopting those kids.

23· ·So I have to remove them from the application.

24· ·Q.· · · After you -- when did you file the restraining

25· ·order in this courthouse, Ms. Sukkary?


1· ·A.· · · I applied in August 27, 2014.

·2· ·Q.· · · Were you able to serve the defendant in time,

·3· ·Ms. Sukkary, for your hearing?

·4· ·A.· · · No, I didn't have enough time so I could

·5· ·apply -- give it to him.

·6· ·Q.· · · How was --

·7· ·A.· · · So I didn't have time to -- to serve him.

·8· ·Q.· · · How was the Respondent served with the temporary

·9· ·restraining order, Ms. Sukkary?

10· ·A.· · · I came to the court, came in in September 17th,

11· ·2014, and he was in court because when the judge asked

12· ·him how nobody serve you and you came over because he

13· ·applied for the divorce paper.· Then that's why they

14· ·inform him he have restraining order against him.

15· ·Q.· · · Has he tried to contact you since you filed the

16· ·restraining order, Ms. Sukkary?

17· ·A.· · · No.· When he was notified, he didn't get in

18· ·touch with me.

19· ·Q.· · · Has he ever tried to contact you in any means of

20· ·communication, Ms. Sukkary?

21· · · · · ·MS. STOWELL:· Objection.· It's vague and

22· ·ambiguous.

23· · · · · ·THE COURT:· Sustained.

24· · · · · ·MS. MANZAR:· All right.· Your Honor, I move to

25· ·admit what's been marked as Plaintiff's Exhibit L for

Page 7·1· ·identification.· I've spoken to opposing counsel about

·2· ·it.

·3· · · · · ·THE COURT:· Any objection?

·4· · · · · ·MS. STOWELL:· No.· I have no objection to it. I

·5· ·would just like the Court to know that the restraining

·6· ·order was filed or served on September 17th and what's

·7· ·being asked to be admitted is dated September 8th, 2014.

·8· · · · · ·THE COURT:· Okay.· It will be admitted.

·9· · · · (Petitioner's Exhibit L admitted into evidence.)

10· · · · · ·MS. MANZAR:· Thank you.· Your Honor, may I

11· ·please approach the witness?

12· · · · · ·THE COURT:· You can.

13· ·Q.· · · BY MS. MANZAR:· Ms. Sukkary?

14· ·A.· · · Yeah.

15· ·Q.· · · Whose e-mail address is that on the document?

16· ·A.· · · My husband, Tamir Sukkary.

17· ·Q.· · · And what was he asking you for?

18· ·A.· · · First e-mail, he asked me about my address.· The

19· ·second e-mail he told me that he paid to Kaiser $100 for

20· ·the emergency room.

21· ·Q.· · · Did you give him your address, Ms. Sukkary?

22· ·A.· · · No.· No, I did not give it to him.

23· ·Q.· · · Why?

24· ·A.· · · Because I'm scared of him and I don't want to

25· ·let him know where I'm living and I don't want him to

Page 8·1· ·follow me and cause me more problem.

·2· ·Q.· · · Why do you feel that you need the restraining

·3· ·order, Ms. Sukkary?

·4· ·A.· · · Because I need the restraining order because my

·5· ·husband, Tamir Sukkary, he cause me so many violence.

·6· ·House violence.· And physical -- physical, also, abuse.

·7· ·And also -- cause me also psychological abuse.· And

·8· ·sexual also abuse.· And economy abuse.

·9· · · · · ·MS. MANZAR:· No more questions, Your Honor.

10· · · · · ·THE COURT:· Cross?

11· · · · · · · · · · · ·CROSS-EXAMINATION

12· ·Q.· · · BY MS. STOWELL:· Isn't it true, that you studied

13· ·for your Canadian citizen exam in English?

14· ·A.· · · Yes.

15· ·Q.· · · And you took your citizen exam in Canada in

16· ·English, correct?

17· ·A.· · · Yes.

18· ·Q.· · · And you took your California driver's license

19· ·exam in English, correct?

20· ·A.· · · Yes.

21· ·Q.· · · And when you volunteered at UC Davis you spoke

22· ·in English, correct?

23· ·A.· · · Yes.

24· ·Q.· · · And currently you have a teaching job at the

25· ·SALAM center where you will be teaching in English,

Page 9·1· ·correct?

·2· ·A.· · · Not much in English.· Mostly in Arabic.

·3· ·Q.· · · Are your students English speakers?

·4· ·A.· · · The student speak two languages:· English and

·5· ·Arabic.

·6· ·Q.· · · Have you been divorced previously?

·7· ·A.· · · Yes.

·8· ·Q.· · · And you have one child from that marriage,

·9· ·correct?

10· ·A.· · · Yes.

11· ·Q.· · · You have family in Canada, don't you?

12· ·A.· · · Some of them.

13· ·Q.· · · You have three brothers, correct?

14· ·A.· · · No.· Not three.

15· ·Q.· · · How many?

16· ·A.· · · Two.

17· ·Q.· · · Two.· Okay.

18· · · · · ·When you were in Canada, you worked for the

19· ·Saudi government, correct?

20· ·A.· · · That's correct.

21· ·Q.· · · Okay.· And I imagine that was a good job, wasn't

22· ·it?

23· ·A.· · · Yes.

24· ·Q.· · · You first allege that Tamir physically abused

25· ·you in November of 2012, correct?


1· ·A.· · · Yes.

·2· ·Q.· · · And that he continued to physically abuse you

·3· ·throughout your marriage to him, correct?

·4· ·A.· · · Correct.

·5· · · · · ·MS. STOWELL:· Okay.· Let the record show that I

·6· ·am showing Petitioner Respondent's Exhibit 5.· May I

·7· ·approach, Your Honor?

·8· · · · · ·THE COURT:· You may.

·9· ·Q.· · · BY MS. STOWELL:· Do you recognize that document?

10· ·A.· · · Yes.

11· ·Q.· · · What is that document?

12· ·A.· · · This is the ticket, this is the ticket I went to

13· ·Canada, and I used it first time I went to Canada after

14· ·my marriage.

15· ·Q.· · · Is this a true and correct copy of that, your

16· ·itinerary?

17· ·A.· · · Yes.

18· · · · · ·MS. STOWELL:· Okay.· I ask that it be moved into

19· ·evidence.

20· · · · · ·THE COURT:· Any objection?

21· · · · · ·MS. MANZAR:· No, Your Honor.

22· · · · · ·THE COURT:· Received.

23· · · · · ·(Respondent's Exhibit 5 admitted into evidence.)

24· ·Q.· · · BY MS. STOWELL:· So you took a trip to Canada

25· ·between April 17th, 2014, to April 12th, 2013, by

Page 11·1· ·yourself, correct?

·2· ·A.· · · You're talking about April 2012?

·3· ·Q.· · · I'm sorry, April 2012 -- well, I think it's

·4· ·April 2013.

·5· ·A.· · · But you just said -- you just said 2012.

·6· ·Q.· · · No, I'm sorry.

·7· ·A.· · · I meant 2013, my mistake.

·8· ·Q.· · · If you could answer it audibly.

·9· ·A.· · · Yes.

10· ·Q.· · · And after you went to Canada by yourself, you

11· ·returned to the marital residence, correct?

12· ·A.· · · Yes.

13· · · · · ·MS. STOWELL:· Okay.· I would like to show

14· ·Petitioner's -- Petitioner Respondent's Exhibit

15· ·4[verbatim].

16· · · · · ·If I could have that marked.

17· · · · (Respondent's Exhibit 3 marked for identification.)

18· ·Q.· · · BY MS. STOWELL:· Do you recognize that document?

19· ·A.· · · Yes.


21· ·A.· · · This is a ticket to show that I went to Canada

22· ·to get my citizenship.

23· ·Q.· · · Okay.· And this is a true and correct

24· ·representation of the ticket?

25· ·A.· · · Yes.

Page 12·1· ·Q.· · · So you took a trip from Canada from December

·2· ·15th to December 18th, 2013, correct?

·3· · · · · ·THE INTERPRETER:· December 15th?

·4· · · · · ·MS. STOWELL:· 13th through 18th, 2013.

·5· · · · · ·THE WITNESS:· Yes.· That's correct.

·6· ·Q.· · · BY MS. STOWELL:· Tamir did not accompany you on

·7· ·this trip, correct?

·8· ·A.· · · No.

·9· ·Q.· · · And after this trip you returned to the marital

10· ·residence, correct?

11· ·A.· · · Yes.

12· ·Q.· · · Now, you allege that in late January of 2014

13· ·Tamir hit you on the foot, correct?

14· · · · · ·THE INTERPRETER:· 2014, you said?

15· · · · · ·MS. STOWELL:· 2014.

16· · · · · ·THE WITNESS:· No.

17· ·Q.· · · BY MS. STOWELL:· Previously with the picture

18· ·that you presented it shows a date in January of 2014.

19· ·So are you saying that picture is not correct?

20· ·A.· · · I understand from you you said June 2014.

21· ·Q.· · · No.· January 2014.


23· ·Q.· · · Okay.· So just to repeat, you allege that in

24· ·late January 2014 Tamir hit you on your foot, correct?

25· ·A.· · · Yes.

Page 13·1· ·Q.· · · Okay.· And you took a picture of this injury

·2· ·after it happened, correct?

·3· ·A.· · · Correct.

·4· ·Q.· · · And it's a pretty substantial injury, correct?

·5· ·A.· · · Yes.

·6· · · · · ·MS. STOWELL:· Okay.· If I could ask next to have

·7· ·marked as Exhibit 3...

·8· · · · · ·No, I think actually what I just had marked was

·9· ·incorrect.· The one that you have in front of you is

10· ·Exhibit -- it's Exhibit 3.· And I mismarked it.· It

11· ·should have been Exhibit 3.

12· ·Q.· · · BY MS. STOWELL:· So on Exhibit 3, is it true

13· ·that you took a trip to Canada between January 29th to

14· ·February 6th, 2014, by yourself?


16· ·Q.· · · And that is after the injury Tamir inflicted on

17· ·your foot, correct?


19· ·Q.· · · Okay.· And you returned to the family residence

20· ·after that incident, after your trip, correct?

21· ·A.· · · Correct.

22· ·Q.· · · And Tamir did not accompany you on this trip,

23· ·correct?

24· ·A.· · · No.

25· ·Q.· · · Okay.· It's correct, though, that he did not


1· ·accompany you?

·2· ·A.· · · That's -- yes.

·3· ·Q.· · · You went to a doctor's office on July 10th,

·4· ·2014, correct?

·5· ·A.· · · Correct.

·6· · · · · ·MS. STOWELL:· Okay.· I'd ask this to be marked

·7· ·as Exhibit 6.· It's Respondent's Exhibit 6.

·8· · · · (Respondent's Exhibit 6 marked for identification.)

·9· · · · · ·MS. STOWELL:· May I approach, Your Honor?

10· · · · · ·THE COURT:· You may.

11· ·Q.· · · BY MS. STOWELL:· Okay.· Do you recognize this

12· ·document?

13· ·A.· · · Yes.


15· ·A.· · · This is medical report for me.· First of all, my

16· ·doctor -- my doctor's name is Rakhshi Kahn.· She gave me

17· ·a sample test -- examination about -- and I don't have

18· ·the typical stenosis disease.

19· ·Q.· · · Is that a true and correct copy of your medical

20· ·record?

21· ·A.· · · Correct.

22· · · · · ·MS. STOWELL:· Okay.· I ask that this be admitted

23· ·into evidence as Respondent's Exhibit 6.


25· · · · · ·MS. MANZAR:· No, Your Honor.

Page 15·1· · · · · ·THE COURT:· It will be received.

·2· · · · · ·(Respondent's Exhibit 6 admitted into evidence.)

·3· ·Q.· · · BY MS. STOWELL:· All right.· If you could,

·4· ·please -- or actually I will read it and have it

·5· ·translated into Arabic.

·6· · · · · ·You read English, correct?

·7· ·A.· · · Yes.

·8· ·Q.· · · So does this record reflect the following:

·9· · · · · ·"Spoke with patient regarding fear to go home.

10· ·She states husband had never hit her or physically

11· ·abused her at this time but fears he may at some point.

12· ·Husband is verbally abusive and puts her down.· Mostly

13· ·happens at night and patient unsure what to do."

14· · · · · ·Is that correct?· Is that what that document

15· ·says?

16· ·A.· · · Yes, but I didn't tell my doctor all the truth.

17· ·Q.· · · Okay.· But that's what your medical records say,

18· ·correct?


20· ·Q.· · · Okay.

21· ·A.· · · But I want to say something.

22· ·Q.· · · You need to answer the questions as I ask them,

23· ·please.

24· ·A.· · · Okay.· Go ahead.

25· ·Q.· · · In July of 2014, at that medical appointment,

Page 16·1· ·you did not bring up that you had a bruise on your foot

·2· ·that occurred in January, correct?

·3· ·A.· · · Correct.

·4· ·Q.· · · Okay.· And isn't it true that around this time

·5· ·in early July of 2014 that Tamir and his mother

·6· ·suggested that you get a physical separation from each

·7· ·other, correct?

·8· ·A.· · · Correct -- wrong.

·9· ·Q.· · · Isn't it true, though, that if your marriage is

10· ·of a short duration that your status in the United

11· ·States could be compromised?

12· ·A.· · · About what?

13· ·Q.· · · That it's possible that you would not be able to

14· ·stay in the United States.

15· ·A.· · · No.

16· ·Q.· · · Okay.· So is it true that you didn't want to

17· ·share with your doctor the physical abuse, correct?

18· ·A.· · · Because I didn't tell the doctor because my

19· ·husband in July 6, 2014, he threatened me that he will

20· ·call the police and will claim that I stole his car.

21· ·Q.· · · But yet in the medical record you felt

22· ·comfortable enough to share with your doctor that you

23· ·were concerned about verbal abuse, correct?

24· ·A.· · · Correct.· Yes.· But I didn't tell him -- tell

25· ·the doctor everything because I was scared, and I don't

Page 17·1· ·want to put my husband in jail.

·2· ·Q.· · · If you could please answer the questions that I

·3· ·ask.

·4· · · · · ·THE WITNESS:· Okay.

·5· ·Q.· · · BY MS. STOWELL:· Now, you allege that on August

·6· ·10th that your husband kicked you on the feet and legs

·7· ·and shins, correct?

·8· · · · · ·I have your deposition transcript.· If you like

·9· ·we can refresh your recollection.

10· ·A.· · · Okay.

11· · · · · ·MS. STOWELL:· Okay.· Your Honor, this is

12· ·Respondent's Exhibit 10.· It's a sealed transcript.· And

13· ·if I may approach, Your Honor, would you like me to

14· ·lodge it with the Court?

15· · · · · ·THE COURT:· Sure.· Thank you.

16· · · (Respondent's Exhibit 10 identified for the record.)

17· · · · · ·MS. STOWELL:· If I can draw your attention to

18· ·page 61 starting on line 18.· And I will read it and if

19· ·you can follow along with me.

20· · · · · ·Your Honor, do you want me to give her a copy of

21· ·the deposition?

22· · · · · ·THE COURT:· Do you wish to have a copy so you

23· ·can follow in English?

24· · · · · ·THE WITNESS:· Yes.

25· · · · · ·MS. STOWELL:· Okay.· This is Exhibit 10, and


1· ·it's the transcript that the Court has.

·2· · · · · ·THE COURT:· I have an extra copy here.

·3· · · · · ·MS. MANZAR:· I do as well.

·4· · · · · ·THE COURT:· Okay.

·5· · · · · ·MS. STOWELL:· And Your Honor, I ask that the

·6· ·deposition be moved into evidence.

·7· · · · · ·THE COURT:· Is that premature?

·8· · · · · ·MS. STOWELL:· I know it's premature.· I just

·9· ·thought I would get it done with.

10· ·Q.· · · BY MS. STOWELL:· If I could have you -- on page

11· ·61, line 18:

12· · · · · ·"He started kicking me with his feet on my knees

13· ·and legs."

14· · · · · ·He kicked you -- then the question on line 21:

15· · · · · ·"So he kicked you on your knees and legs and

16· ·shin.· Which knee?

17· · · · · ·"Both two of them."

18· · · · · ·Okay.· And then next page.

19· ·A.· · · Okay.· Which page?

20· ·Q.· · · The next page, 62:

21· · · · · ·"Where was -- where were the bruises on your

22· ·knees and legs?"

23· · · · · ·I am going down to line 7:

24· · · · · ·"The bruise was only under the knee, but I had

25· ·sore, especially sore on my hip, at the shin but more

Page 19·1· ·bruises under the knees."

·2· · · · · ·Okay.· Okay.· If I can then show you page 66,

·3· ·beginning line 8 -- now, is that true, is that a

·4· ·representation of what you said at your deposition?

·5· ·A.· · · Yes, but I want to say something.

·6· ·Q.· · · Right now the question before you is:· Is that a

·7· ·correct statement as to what you said at your

·8· ·deposition?

·9· ·A.· · · This is in --

10· ·Q.· · · This is August 10th.

11· ·A.· · · It's August 10th, yes.

12· ·Q.· · · And if I could draw your attention to -- to page

13· ·66.· Let me see.· Okay.· We will just leave it at that.

14· · · · · ·So you had bruises on your legs under the knees,

15· ·correct?

16· ·A.· · · Correct.

17· ·Q.· · · Okay.· All right.· And these were pretty

18· ·significant bruises on your legs, correct?

19· ·A.· · · Yes.

20· ·Q.· · · But yet you didn't take pictures of these

21· ·bruises until the 24th of August, correct?

22· ·A.· · · Correct.

23· ·Q.· · · And wasn't the bruising so bad that it was --

24· ·you could see it 14 days later when you actually took

25· ·the picture, correct?

Page 20·1· ·A.· · · Correct.

·2· · · · · ·MS. STOWELL:· Okay.· I have Petitioner -- or

·3· ·Respondent's Exhibit 7.· And if I may approach?


·5· · · · (Respondent's Exhibit 7 identified for the record.)

·6· ·Q.· · · BY MS. STOWELL:· Do you recognize that document?

·7· ·Do you recognize this document?

·8· ·A.· · · Yes.

·9· ·Q.· · · And what is this document?

10· ·A.· · · This is a medical report also with my doctor.

11· ·Q.· · · Okay.· And this is a medical report from August

12· ·14th, correct?

13· ·A.· · · Correct.

14· ·Q.· · · And you had a physical exam at this medical

15· ·appointment, correct?

16· ·A.· · · The area where I was complaining.

17· ·Q.· · · Okay.· And your doctor is a Muslim, correct?

18· ·A.· · · Muslim, yes.

19· ·Q.· · · And she's a female?

20· ·A.· · · Yes.

21· · · · · ·MS. STOWELL:· Your Honor, I ask that Exhibit 7

22· ·be moved into evidence.


24· · · · · ·MS. MANZAR:· No.

25· · · · · ·THE COURT:· It will be received.

Page 21·1· · · · · ·(Respondent's Exhibit 7 admitted into evidence.)

·2· ·Q.· · · BY MS. STOWELL:· Let me count the pages.· It's

·3· ·on the second page of the report, it has a number 22 on

·4· ·the bottom right-hand corner.· And I just want you to

·5· ·make sure that I'm correctly reading this:

·6· · · · · ·"Also notes concern with her current marriage.

·7· ·No injuries.· Notes trying to separate from her current

·8· ·husband.· Notes verbal abuse.· Does not feel unsafe

·9· ·returning to home."

10· · · · · ·Is that correct?· And that's what's written in

11· ·your medical record?

12· ·A.· · · Correct.

13· ·Q.· · · Okay.· Isn't it true that on August 10th, the

14· ·date that you alleged that Tamir kicked you on the leg

15· ·and caused bruising so severe that you could take a

16· ·picture of it two weeks later, that his oldest daughter,

17· ·Selma, was present in the house?

18· · · · · ·THE INTERPRETER:· Sorry.· You said Selma was

19· ·home?

20· · · · · ·MS. STOWELL:· Selma.

21· · · · · ·THE WITNESS:· I don't understand.· What Selma --

22· ·she was home?· What is the question?

23· ·Q.· · · BY MS. STOWELL:· On August 10th, 2014, she was

24· ·present?

25· ·A.· · · No.· No, she was not there.


1· ·Q.· · · Okay.· You filed a police report on August 20th,

·2· ·correct?

·3· ·A.· · · Yes.

·4· ·Q.· · · The only pictures, the only pictures that you

·5· ·provided to the police were pictures of a bruise on your

·6· ·foot that you allege Tamir caused in January 2014,

·7· ·correct?

·8· ·A.· · · Correct.

·9· ·Q.· · · You did not provide them any pictures of

10· ·bruising on your legs, correct?

11· ·A.· · · Correct.

12· ·Q.· · · Okay.· Isn't that because there really wasn't

13· ·any bruises on your legs on August 20th when you spoke

14· ·to the police?

15· ·A.· · · No.· But there were the bruises.

16· ·Q.· · · Okay.· And aren't you bringing this action today

17· ·because if the Court finds that he's committed domestic

18· ·violence against you you'll be permitted to stay in the

19· ·country?

20· ·A.· · · No.

21· ·Q.· · · Okay.· So you have no fear that you're going to

22· ·be deported?

23· ·A.· · · My husband threaten me a lot.

24· ·Q.· · · That's not my question.· I ask that you please

25· ·answer my question.

Page 23·1· · · · · ·Do you have any fear that you will be deported

·2· ·if this domestic violence action is not found against

·3· ·Tamir Sukkary?

·4· ·A.· · · No.

·5· · · · · ·MS. STOWELL:· Okay.· If I may approach with --

·6· ·this is Respondent's Exhibit 9.

·7· · · · · ·If I may approach the witness?


·9· · · · (Respondent's Exhibit 9 identified for the record.)

10· ·Q.· · · BY MS. STOWELL:· Do you recognize this document?

11· ·Do you recognize this document?

12· ·A.· · · Yes.

13· ·Q.· · · Okay.· And what is this document?

14· ·A.· · · This is the medical report.· Doctor specialty

15· ·from Kaiser.· She is -- she is the doctor family, my

16· ·doctor.· She sent me to this doctor so she could help

17· ·me.

18· ·Q.· · · Okay.· Is this a true and correct copy of your

19· ·medical records?

20· ·A.· · · Yes.

21· · · · · ·MS. STOWELL:· Okay.· I ask that Respondent's

22· ·Exhibit 9 be moved into evidence.


24· · · · · ·MS. MANZAR:· No objection.

25· · · · · ·THE COURT:· It will be received.

Page 24·1· · · · · ·(Respondent's Exhibit 9 admitted into evidence.)

·2· · · · · ·MS. STOWELL:· Okay.· Thank you.

·3· ·Q.· · · BY MS. STOWELL:· All right.· I'm going to read

·4· ·to you part of the medical record, and I want you to

·5· ·confirm this is what the medical record says:

·6· · · · · ·"She explained that she's in urgent need of

·7· ·shelter.· Husband kicked her out of the house on

·8· ·August -- in August 2014.· She has been living at

·9· ·shelters, at friends' houses and motels for the last

10· ·month.· She reports that she has no place to stay

11· ·tonight."

12· · · · · ·And if we go down just a little bit, it says:

13· · · · · ·"Husband had originally sponsored her, signed

14· ·documents stating that he would financially support her

15· ·for ten years.· Patient has no source of income at this

16· ·time.· She is in danger of losing her green card and for

17· ·being deported."

18· · · · · ·Isn't that true that's what your medical record

19· ·says?

20· ·A.· · · Correct.

21· ·Q.· · · During your marriage to Tamir, did you take his

22· ·two daughters to Barnes & Noble on the weekends?

23· ·A.· · · Yes.

24· ·Q.· · · And isn't it true that you, with Tamir and his

25· ·children, would go to Barnes & Noble during the evening

Page 25·1· ·hours on the weekends?

·2· ·A.· · · Not necessarily.

·3· ·Q.· · · Did it happen often?

·4· ·A.· · · It happened several times, yes.

·5· ·Q.· · · And you've stated that you're scared of Tamir,

·6· ·correct?

·7· ·A.· · · Correct.

·8· ·Q.· · · You're so scared you don't want him to know

·9· ·where you're living, correct?

10· ·A.· · · Correct.

11· ·Q.· · · Because you're so scared of him that he might

12· ·commit domestic violence against you if you were to come

13· ·in contact with him, correct?

14· ·A.· · · Correct.

15· ·Q.· · · And the restraining order that you received and

16· ·that was in effect is just a conduct only order,

17· ·correct?

18· · · · · ·THE INTERPRETER:· Could you repeat it again,

19· ·please?

20· · · · · ·MS. STOWELL:· Sure.

21· ·Q.· · · BY MS. STOWELL:· The restraining order that was

22· ·in effect is only a conduct order, correct?· The Court

23· ·has not ordered that he has to stay away from you,

24· ·correct?

25· ·A.· · · How the Court didn't say stay away from me?· No,


1· ·he's supposed to be staying away from me.

·2· ·Q.· · · That's not what the current order says.· In

·3· ·fact, at our last hearing they explained to you that the

·4· ·conduct order was only in effect.· There was no

·5· ·stay-away order, correct?

·6· ·A.· · · Yes.

·7· ·Q.· · · Okay.· Did you go to Barnes & Noble on Saturday

·8· ·September 27th around 7:30 p.m.?

·9· · · · · ·THE INTERPRETER:· 27?

10· · · · · ·MS. STOWELL:· 27th of September.

11· · · · · ·THE WITNESS:· No.· September 27?

12· · · · · ·MS. STOWELL:· Correct.

13· · · · · ·THE WITNESS:· Saturday, 27?· Saturday, September

14· ·27th?

15· ·Q.· · · BY MS. STOWELL:· Were you at Barnes & Noble near

16· ·Tamir's house on September 27th around 7:30 p.m.?

17· ·A.· · · It's not -- close to the home, it's not next to

18· ·the home.

19· ·Q.· · · Okay.· Were you at a Barnes & Noble on September

20· ·27th at 7:30?

21· ·A.· · · I was before 7:30.

22· ·Q.· · · Okay.· Did you see Tamir and his daughters at

23· ·that bookstore that night?

24· ·A.· · · No.

25· ·Q.· · · All right.· Were you at SALAM center school on

Page 27·1· ·August 28th at eleven a.m.?

·2· ·A.· · · Yes.

·3· ·Q.· · · Isn't this the time that Tamir drops his kids

·4· ·off for Sunday school at the SALAM center?

·5· ·A.· · · It's not a condition.· The schedule for the kids

·6· ·has been changed.

·7· ·Q.· · · When you -- you had previously testified that

·8· ·Tamir dropped -- it was the usual and customary habits

·9· ·for Tamir to drop the children off at 11:30 on Sunday

10· ·and pick them up around 2:30.· Are you now retracting

11· ·that testimony?

12· ·A.· · · No, but -- but I want to clear that not every

13· ·Sunday he goes -- not every Sunday or every two Sunday

14· ·or three Sunday.· It depend on...

15· ·Q.· · · But he does -- if the children are attending

16· ·Sunday school, Tamir would be dropping them off around

17· ·11:30, correct?· Eleven -- excuse me, eleven o'clock?

18· ·A.· · · If the kids with him.· But if the kids is not

19· ·with him, he won't come.

20· ·Q.· · · Okay.· But if he has the kids, which is every

21· ·other weekend, he would drop them off around eleven

22· ·o'clock on Sundays, correct, for Sunday school?

23· ·A.· · · If they are with him, yes.

24· ·Q.· · · Okay.· Did you see Tamir dropping his girls off

25· ·on Sunday, September 28th?

Page 28·1· ·A.· · · What day?

·2· ·Q.· · · September 28th.

·3· ·A.· · · I saw him by himself when he was leaving the

·4· ·school.

·5· ·Q.· · · Okay.· Did he try to approach you?

·6· ·A.· · · He was in the car, and he left the school right

·7· ·away.

·8· ·Q.· · · Okay.· But my question to you, and I would

·9· ·appreciate if you would answer it:· Did he try to

10· ·approach you?

11· ·A.· · · No, because he already know about the

12· ·restraining order.

13· ·Q.· · · As you previously have already testified, the

14· ·restraining order does not prevent him from talking to

15· ·you or coming near you, correct?

16· ·A.· · · Me, I understand from the restraining order that

17· ·he's not supposed to get in touch with me or to come

18· ·close to me or to call me.

19· ·Q.· · · No, we had talked to this before in your

20· ·previous testimony.· The only order that is currently in

21· ·effect is a conduct order.· So please just answer my

22· ·question.

23· · · · · ·Did Tamir try to approach you at the school on

24· ·August 28th, that Sunday?

25· ·A.· · · No.

Page 29·1· ·Q.· · · Okay.· Did you see Tamir that same day at Panera

·2· ·Bread?

·3· ·A.· · · Yes.

·4· ·Q.· · · Did he try the approach you at Panera Bread?

·5· ·A.· · · No.

·6· ·Q.· · · Okay.· When you saw Tamir at Panera Bread, did

·7· ·you leave immediately?

·8· ·A.· · · No.· He left.

·9· ·Q.· · · Isn't it true that at Panera Bread you were

10· ·sitting at a table that was near his car?

11· ·A.· · · I didn't sit next to his car, and I didn't see

12· ·his car.· But when he left, he got to the car, I saw

13· ·him, and he leaving into that car.· And the car was

14· ·close to the area where I was sitting, yes.

15· ·Q.· · · And this is not a car that Tamir has recently

16· ·purchased, correct?

17· ·A.· · · Correct.· No.

18· ·Q.· · · So this was a car that he had during your

19· ·marriage, correct?


21· ·Q.· · · In your statement previously, on August 18th,

22· ·you stated that you left the house in the car, correct?

23· ·A.· · · Correct.

24· ·Q.· · · But you chose to come back to the house.· You

25· ·didn't just leave in the car, correct?


1· ·A.· · · I didn't understand the question.

·2· ·Q.· · · Okay.· You say that you left to get some

·3· ·groceries on Sunday, August 18th, correct?

·4· ·A.· · · Correct.

·5· ·Q.· · · Oh, I'm sorry, Monday.· I'm sorry, my fault.

·6· ·Monday, August 18th.· I'm sorry, August 18th was a

·7· ·Monday.

·8· ·A.· · · Correct.

·9· ·Q.· · · And you took the car that day, correct?

10· ·A.· · · Correct.

11· ·Q.· · · And you came back to the house afterwards?

12· ·A.· · · Correct.

13· ·Q.· · · Right.

14· · · · · ·MS. STOWELL:· Okay.· No further questions.

15· · · · · ·THE COURT:· Any further questions?

16· · · · · ·MS. MANZAR:· Yes, Your Honor.

17· · · · · · · · · · ·REDIRECT EXAMINATION

18· ·Q.· · · BY MS. MANZAR:· Ms. Sukkary?

19· ·A.· · · Yes.

20· ·Q.· · · On July 10th, 2014, you visited your doctor,

21· ·Dr. Kahn, correct?

22· ·A.· · · Yes.

23· ·Q.· · · Ms. Sukkary, why didn't you tell Dr. Kahn about

24· ·the physical abuse that your husband had inflicted

25· ·earlier on you on July 10th, 2014?

Page 31·1· ·A.· · · First of all, I was scared for my husband, and

·2· ·especially when he -- he threatening me in July 6th,

·3· ·July 6th, 2014.· And I have no -- no family, no friend

·4· ·to go -- to go and get protection over there.· I was

·5· ·scared.· And at the same time, I'm trying to -- I'm

·6· ·trying to save my marriage, as we agree, me and his

·7· ·mother when she came to home in June 22nd, 2014.· For

·8· ·that reason, so I try to give him a last chance to my

·9· ·husband, so if it's possible so we could correct and

10· ·solve this marriage.

11· ·Q.· · · Ms. Sukkary, had anything happened preceding

12· ·July 10th, 2014, that prevented you from reporting that

13· ·abuse?

14· ·A.· · · Yes.

15· ·Q.· · · What happened?

16· ·A.· · · My husband called me and threatening me that he

17· ·will tell the police that I stole his car.· I was

18· ·waiting for him in the parking.

19· · · · · ·And I could show Your Honor, the judge, there is

20· ·evidence on that.· You want me to come to you?

21· · · · · ·MS. MANZAR:· Please.

22· · · · · ·MS. STOWELL:· Your Honor --

23· · · · · ·THE COURT:· It's not being contested.

24· · · · · ·No, no.

25· · · · · ·MS. MANZAR:· Your Honor, I have Petitioner's J

Page 32·1· ·and K for identification.· Would you please allow me to

·2· ·play that threatening voice mail that Respondent left on

·3· ·Petitioner's phone?

·4· · · · · ·MS. STOWELL:· I object to the characterization.

·5· ·Number 2, it was not pled in the initial pleadings.

·6· · · · · ·THE COURT:· It was not pled, but it would have

·7· ·been as a result of the discovery.

·8· · · · · ·MS. MANZAR:· Yes.

·9· · · · · ·THE COURT:· Have you heard it?

10· · · · · ·MS. STOWELL:· I have not heard it.

11· · · · · ·THE COURT:· You have not heard it?· Then I will

12· ·sustain the objection based upon the nondisclosure that

13· ·you can't present it at trial.

14· · · · · ·MS. MANZAR:· Your Honor, I provided it to

15· ·counsel earlier this week.· She has a recorded copy.

16· ·It's been provided to opposing counsel.

17· · · · · ·MS. STOWELL:· It was not until the trial

18· ·started.· It was provided the date of --

19· · · · · ·MS. MANZAR:· Your Honor --

20· · · · · ·THE COURT:· It was privileged information. I

21· ·have taken notice pursuant to your request, judicial

22· ·notice of this trial.· And I've read through the file,

23· ·so...

24· · · · · ·Okay.

25· · · · · ·MS. STOWELL:· Okay.

Page 33·1· · · · · ·THE COURT:· So I will sustain the objection.

·2· · · · · ·MS. MANZAR:· All right.· No further questions,

·3· ·Your Honor.

·4· · · · · ·THE COURT:· Okay.

·5· · · · · ·MS. STOWELL:· No further questions, Your Honor.

·6· · · · · ·THE COURT:· You may step down.· Thank you.

·7· · · · · ·Next witness.

·8· · · · · ·MS. STOWELL:· Tamir Sukkary.

·9· · · · · ·THE CLERK:· Would you please raise your right

10· ·hand.

11· · · · · ·Do you solemnly state the testimony you're about

12· ·to give shall be the truth, the whole truth and nothing

13· ·but the truth?

14· · · · · ·THE WITNESS:· I do.

15· · · · · ·THE CLERK:· Please be seated.

16· · · · · ·Please state your name and spell it for the

17· ·record.

18· · · · · ·THE WITNESS:· Tamir Sukkary.· First name spelled

19· ·T as in Tom, A, M as in Mary, I-R.· Last name Sukkary.

20· ·S as in Sam, U-K-K-A-R-Y.

21· · · · · ·THE CLERK:· Thank you.

22· · · · · · · · · · · DIRECT EXAMINATION

23· ·Q.· · · BY MS. STOWELL:· Mr. Sukkary, what country were

24· ·you born in?

25· ·A.· · · United States of America.


1· ·Q.· · · And what's your educational background?

·2· ·A.· · · I have a Master's degree in political science.

·3· ·Q.· · · Do you have an undergraduate degree?

·4· ·A.· · · I have a Bachelor's in government with a

·5· ·concentration in international relations from Sacramento

·6· ·State University.

·7· ·Q.· · · Have you ever physically abused your current

·8· ·wife?

·9· ·A.· · · No.

10· ·Q.· · · Have you ever threatened her with physical

11· ·abuse?

12· ·A.· · · No.

13· ·Q.· · · We've seen pictures of a bruise on Petitioner's

14· ·foot that happened in January 2014.· Do you know

15· ·anything about this injury?

16· ·A.· · · Yes.· I remember that injury on her foot.· And

17· ·she got it, to the best of my recollection, from her

18· ·trip and fall that she had at Sac City College in

19· ·January of this year.· I was going there to do some

20· ·preparation before the semester began, and she was

21· ·behind me after I picked up my mail and she tripped and

22· ·fell down the stairs.

23· ·Q.· · · So this injury is not as a result of you

24· ·punching her foot?

25· ·A.· · · Absolutely not.

Page 35·1· ·Q.· · · You filed for divorce, have you not?

·2· ·A.· · · I have.

·3· ·Q.· · · And when did the difficulty in your marriage

·4· ·began?

·5· ·A.· · · We had problems in your marriage from day one,

·6· ·but they got particularly bad in the end of June, early

·7· ·July.

·8· ·Q.· · · Okay.· Can you explain to us how they got

·9· ·particularly bad?

10· ·A.· · · Yes, I would be happy to.

11· · · · · ·Unfortunately, the biggest issues we had in our

12· ·marriage is that Rania was not able to communicate with

13· ·me in a respectful manner.· She repeatedly disrespected

14· ·me and insulted me in front of my daughters.· I asked

15· ·her to please stop several times.· She did not.· It

16· ·continued.· Some of the insults included she told me to

17· ·eat feces -- I'm putting it nicely.· She told me to shut

18· ·up.· She used the F word against me a few times.

19· · · · · ·And -- she would interrogate my daughters, and

20· ·that was very troubling to me.· Much of this verbal

21· ·abuse and insults occurred in front of my daughters.

22· ·And as a loving father, I, like any parent, would want

23· ·to protect their kids.· And unfortunately, my daughters

24· ·were exposed to this way too much.· And I tried to have

25· ·my mother come over and salvage the marriage.

Page 36·1· · · · · ·Unfortunately, the verbal abuse and disrespect

·2· ·continued.· It just seemed like she wanted to denigrate

·3· ·me.· And at that point, I tried to be patient.· I had

·4· ·Mr. Badaway come over and the abuse continued.

·5· · · · · ·She also, at one point when we had a dispute,

·6· ·threw a teacup in my direction, and it broke.· And there

·7· ·were other occasions where we were having a dispute and

·8· ·I would go upstairs in my room -- because whenever that

·9· ·happens I like to have some alone time and have a

10· ·cooling off period -- and she would follow me into the

11· ·room, pound on the door several times and yell at me,

12· ·ask me to open the door.· And my daughter was sleeping

13· ·in the room next to me.· And finally I would open the

14· ·door because I didn't want to wake up either my daughter

15· ·or the neighbors with all the yelling and noise.· And

16· ·then she would stand in front of the door so I could not

17· ·exit the door.· And, you know, that was the primary

18· ·issue.

19· · · · · ·There were other issues, certainly, but that was

20· ·the primary issue that I filed the divorce here in this

21· ·court.· And I also divorced her Islamically.

22· ·Q.· · · Did you ever suggest a way to deal with the

23· ·tensions in your marriage to Rania?

24· ·A.· · · Yes.· Absolutely.· I suggested to her that we

25· ·have a trial separation period -- I even offered to buy

Page 37·1· ·her a ticket to go back to Canada -- and just have

·2· ·cooling off maybe for a couple of months.· She was very

·3· ·concerned about my suggestion.· She was upset that this

·4· ·might impact negatively her immigration status.

·5· ·Q.· · · And when did you suggest -- at what time -- do

·6· ·you remember the approximate date that you suggested a

·7· ·trial separation to Rania?

·8· ·A.· · · It was in late June.

·9· ·Q.· · · Okay.

10· ·A.· · · And also when my mother came over in late June

11· ·the suggestion was made by my mother as well.

12· ·Q.· · · Did you ever threaten to turn her into

13· ·Immigration?

14· ·A.· · · Never.

15· ·Q.· · · You've heard Rania talk about the events of

16· ·August 10th.· There was a radio interview I believe that

17· ·you gave to China Radio; is that correct?


19· ·Q.· · · Okay.· Can you tell me what happened?

20· ·A.· · · Yes.· I had a nice radio interview with China

21· ·Radio International on that Sunday evening.· And during

22· ·that time, Rania was sleeping on the couch all

23· ·throughout the interview.· When the interview was over,

24· ·I walked over to her, I gently tapped her on her calves,

25· ·and she said, "Leave me alone, get away from me, don't


1· ·touch me."· She yelled at me.· And my daughter Selma was

·2· ·present.· So I wanted to get Selma out of that

·3· ·environment, so we then left.

·4· ·Q.· · · Okay.· And where did you guys go?

·5· ·A.· · · We went to Barnes & Noble bookstore.

·6· ·Q.· · · Okay.· So did you kick her?

·7· ·A.· · · Never.

·8· ·Q.· · · Did you punch her legs in any way?

·9· ·A.· · · No.

10· ·Q.· · · An event that actually happened prior to that,

11· ·to August 10th, was Rania getting her citizenship in

12· ·Canada.· She's testified that you were upset with her

13· ·about getting her Canadian citizenship.· Is that true?

14· ·A.· · · Not at all.· I supported her.· During our first

15· ·year of the marriage, Rania pretty much sat on our couch

16· ·and studied for the Canadian test in English.· And she

17· ·went to Canada at least four times.· I have three of the

18· ·tickets that we presented to the Court.· And she went on

19· ·her own, and this said -- she said this was something

20· ·that was important for to her and her son.· When I

21· ·married her she had a Canadian green card, and she was

22· ·in the process of getting her citizenship.· I never

23· ·interfered at all.

24· ·Q.· · · Were you upset that the Canadian citizenship

25· ·would require her to say an oath to Queen Elizabeth?

Page 39·1· ·A.· · · No.· That's actually laughable.· I teach

·2· ·political science, American government courses.· And I

·3· ·cover the Constitutional oath that Americans take and

·4· ·also the Constitutional oath that Canadians take.· And

·5· ·so what I did is I pointed out to her that her oath

·6· ·would be to Queen Elizabeth, rather than to a

·7· ·constitution as in the United States.· And we kind of

·8· ·laughed about it and said that would be shirk, you know,

·9· ·associating partners with God, and that was the end of

10· ·the joke.· I never mentioned anything about we would be

11· ·divorced or anything of that nature.· That's wild

12· ·allegation.

13· ·Q.· · · Do you recall the events of August 11th

14· ·regarding your aunt in Egypt?

15· ·A.· · · Yes, I do.· That was the day that I divorced

16· ·Rania Islamically.· I woke up in the morning.· It was a

17· ·Monday morning.· I have my oldest daughter, she's in my

18· ·custody halftime, 50 percent.· She's with me every

19· ·Monday and Tuesday and every other weekend.· So she was

20· ·with me that morning.

21· · · · · ·And so I woke up.· And as soon as I woke up I

22· ·had some messages.· I had a Facebook message from my

23· ·aunt in Egypt indicating to me that the sale of my

24· ·father's share of his land had been sold and that there

25· ·was some inheritance money for me and she asked that to

Page 40·1· ·get in touch with me.· So I asked Rania to help

·2· ·coordinate that and connect with my aunt in the Egypt.

·3· · · · · ·And so -- because Rania already had her on her

·4· ·Skype, on her Viber, on her Tango.

·5· · · · · ·And so then I went to pick up Selma, as I

·6· ·normally do, from -- in the summertimes from her

·7· ·grandfather's house and her mother's house where she

·8· ·lives in south Sacramento.· And during that time I was

·9· ·on the phone with Rania.· Rania was frustrated, saying

10· ·she was unable to connect with my aunt.· So I picked her

11· ·up, brought her home -- my daughter, brought her home.

12· · · · · ·As soon as I entered the house, Rania was

13· ·yelling at me and basically very frustrated she wasn't

14· ·able to connect with my aunt in Egypt.· And I finally

15· ·suggested to her that we try Facebook messaging and --

16· ·and she at that point went into an angry tirade where

17· ·she told me to eat feces and shut up and called me the F

18· ·word and other things I would rather not repeat here.

19· ·And at that point I then asked my daughter, because she

20· ·was with me, to go upstairs.

21· · · · · ·And I very calmly, Rania was sitting at the

22· ·dining room table, I walked over to her.· I pulled out

23· ·my chair, and I very calmly told her three times, "You

24· ·are divorced," which is in keeping with Islamic law.

25· ·If, by the way, when you divorce someone Islamically,

Page 41·1· ·you have to be calm because if you're angry your divorce

·2· ·is invalid.· So I took some time to calm down, and I

·3· ·asked my daughter to go upstairs.· I then told her three

·4· ·times, not ten -- that's the way it's done in Islam --

·5· ·she was divorced.· She was shocked.· She was completely

·6· ·upset by this.· And then I asked her to make

·7· ·arrangements to please leave the house, that I had

·8· ·enough of the verbal abuse and disrespect and insults in

·9· ·front of my daughters.

10· · · · · ·And a lot of things I want to add were the

11· ·insults towards the mothers of my daughters, and I asked

12· ·Rania repeatedly to stop insulting the mothers of both

13· ·of my daughters.· I have two precious and beautiful

14· ·daughters.· My oldest is eleven.· My youngest turned

15· ·five this week while I was here in trial.· And I asked

16· ·her to stop.· And unfortunately, she -- she continued.

17· ·And so, you know, she would even make supplication

18· ·against the mothers of my daughters.· She would call

19· ·them low class.· She would call them trash in front of

20· ·the girls.· And this was very damaging to their psyche.

21· ·I would never speak ill in front of my daughters of

22· ·their mothers.· They -- their mothers are good, loving

23· ·mothers.

24· · · · · ·And I never spoke ill of Rania's son.· And, in

25· ·fact, Rania at one point told me, "Tamir, you will never


1· ·see my son."· And that really bothered me because my

·2· ·daughters are with me much of the time and I allowed

·3· ·them, allowed her into the home to be a loving

·4· ·stepmother.· And unfortunately, they were subjected to a

·5· ·lot of psychological trauma as a result of her angry

·6· ·outbursts.

·7· ·Q.· · · Did you ever ask Rania for money for court costs

·8· ·or attorneys fees?

·9· ·A.· · · Never.

10· ·Q.· · · Do you recall what happened on August 16th?· It

11· ·was a Saturday.

12· ·A.· · · Yes, I do.· I was -- that weekend I had both of

13· ·my daughters.· I usually have one -- one, if not both,

14· ·every weekend, and that weekend I had both of them. I

15· ·was sitting down on the couch in our family dining room

16· ·and Rania was in the kitchen preparing some chicken.

17· ·And I simply asked her what would she be preparing along

18· ·with that chicken.· She immediately turned to me with an

19· ·angry glare, yelled at the top of her voice, and said,

20· ·"What do you think?"

21· · · · · ·At that point, I basically said, "That's very

22· ·disrespectful."· My youngest daughter got freaked out.

23· ·She was -- came to me, I hugged and consoled her from

24· ·Rania's angry yelling and outburst.· And at that point I

25· ·then -- Rania went upstairs, and I took the girls and we

Page 43·1· ·went to Barnes & Noble and Panera Bread and spent the

·2· ·rest of the day out.

·3· ·Q.· · · Did you eat dinner together?

·4· ·A.· · · We did not.

·5· ·Q.· · · Okay.

·6· ·A.· · · As I said, I tried to get my daughters out of

·7· ·that environment.

·8· ·Q.· · · Do you recall the events of August 17th?· That

·9· ·was the Sunday.

10· ·A.· · · Yes, I do.

11· ·Q.· · · And what happened on August 17th?

12· ·A.· · · I woke up and took my daughters to SALAM Weekend

13· ·School, as I do every Sunday.· I usually have one or

14· ·both of my daughters with me.· And as soon as I arrived,

15· ·I dropped them off.· And I waited for a little while and

16· ·I met Mr. Khaled Badaway at that time and we went to

17· ·have a meal together at Babylon City Market on Watt

18· ·Avenue and I stayed with him until about two p.m.

19· ·because I told him I had to pick up my daughters at

20· ·2:30.· That's what I did.

21· · · · · ·After I picked up my daughters, I went to my

22· ·mother's house, which is normally something I did on

23· ·Sundays after I pick up the girls from SALAM.· I stayed

24· ·until 4:00 p.m., which I had to return to Fairfield to

25· ·pick up my youngest daughter because her mother lives

Page 44·1· ·Rohnert Park so we meet in Fairfield, half way between

·2· ·us.· I dropped off my oldest daughter at 6:00 p.m. in

·3· ·Fairfield and then I returned to Sacramento later that

·4· ·evening.

·5· ·Q.· · · So you did not -- or -- or you did not go home

·6· ·between the time that you dropped your daughters off and

·7· ·the time that you went to pick them up from SALAM

·8· ·school?

·9· ·A.· · · That is absolutely correct.· I was deliberately

10· ·trying to stay away from Rania, particularly after I

11· ·divorced her Islamically.

12· ·Q.· · · Did anything happen on August 18th at 1:30 a.m.

13· ·in the morning?

14· ·A.· · · Nothing at all.· I was sleeping.

15· ·Q.· · · So to your knowledge, did you have a fight with

16· ·Rania at 1:30 in the morning?

17· ·A.· · · No.· I was sleeping at that time.

18· ·Q.· · · If you had had a fight -- or who was in the

19· ·house on August 18th?

20· ·A.· · · Selma, my oldest daughter.

21· ·Q.· · · Okay.· Is your -- if you had had a fight with

22· ·Rania, would Selma have heard it?

23· ·A.· · · Absolutely.· Our rooms are very close to one

24· ·another.· Not only Selma heard it, but the neighbors

25· ·heard it as well.· I live in a three-story condo.· We

Page 45·1· ·have neighbors right next to us.

·2· ·Q.· · · Do you recall what happened on August 18th,

·3· ·Monday?

·4· ·A.· · · Yes, I do.

·5· ·Q.· · · And what happened?

·6· ·A.· · · Monday, August 18th?

·7· ·Q.· · · I believe that was a Sunday, and you had Selma?

·8· ·A.· · · No, that was Monday, August 18th.

·9· ·Q.· · · I'm sorry.

10· ·A.· · · Monday, August 18th, was the day we separated.

11· ·So I woke up and I noticed that Rania was packing her

12· ·belongings so as to leave.· And I should add, by the

13· ·way, after I divorced her Islamically, again I asked her

14· ·to make arrangements to leave the house, and she told me

15· ·that she spoke to the shaikh, which was the Muslim

16· ·religious leader, who told her that she would need to

17· ·wait for three months, it's like a waiting period.

18· · · · · ·And I basically told her that that doesn't make

19· ·any sense because we had not had marital relations for

20· ·several months prior to that.· And she said, "Well,

21· ·that's what I'm going to do," and then suddenly I find

22· ·Monday morning she's packing her belongings and leaving

23· ·the house.· So at that point I -- I told her -- I just

24· ·found out she was leaving that day, so I said, "Can you

25· ·please give me the keys to the house and the cars."


1· ·Both cars are registered in my name.

·2· · · · · ·And she, in the morning, said, "You know, I want

·3· ·to go get some groceries," and so I said, "Oh, since

·4· ·you're going to the grocery store, let me give you some

·5· ·cash," which is what I normally did.· She had a

·6· ·beautiful life.· I always gave her money.· The only

·7· ·thing I did not pay for was her four trips to Canada

·8· ·because that was her thing.· She was gone for a couple

·9· ·of hours or at least an hour, hour and a half, and she

10· ·came back and she told me they didn't have any

11· ·groceries.· And I found that that was really odd.· She

12· ·said they didn't have the groceries we were looking for.

13· ·And I later found out what she was doing, she was making

14· ·arrangements for her rental car.

15· ·Q.· · · Did you grab the money from her hand?

16· ·A.· · · Absolutely not.· As soon as she returned to the

17· ·house, she dropped the cash right there at the front

18· ·entrance, the door through our garage, left it there.

19· ·And I asked her, "Where's the change?"· And she said,

20· ·"It's downstairs," and I went and picked it up from

21· ·downstairs.

22· · · · · ·Nor did I remove the keys from her forcibly.

23· ·She left those there, except for the last one, which my

24· ·mom took from her when she left.

25· ·Q.· · · Did you tell her that you needed to search

Page 47·1· ·through her bags?

·2· ·A.· · · Never.

·3· ·Q.· · · Okay.· And did you block her movements in any

·4· ·way?

·5· ·A.· · · No.

·6· ·Q.· · · When did -- we know from testimony that CPS came

·7· ·out that day.· Do you remember wham CPS came?

·8· ·A.· · · I believe it was about 12:30, 1:00.

·9· ·Q.· · · And what happened?

10· ·A.· · · Ms. Colleen Smith from CPS knocked on the door.

11· ·And Rania was there and Selma, my oldest daughter, was

12· ·there.· This was my first day of the fall semester.· And

13· ·I was obviously surprised, and she -- she said that,

14· ·"I'm Ms. Smith from CPS and I have complaints of verbal

15· ·and physical abuse going on in this house.· Can I speak

16· ·to you?"

17· · · · · ·I said, "Sure, come on in."· She asked me a few

18· ·questions.· Rania was standing at the top of the stairs

19· ·pretty much the whole time, and I answered her

20· ·questions.

21· · · · · ·She said, "May I speak to your daughter?" I

22· ·said, "Absolutely."· I called for her.· She was sitting

23· ·on the stairs.· She came down the stairs and talked to

24· ·her.· She was asking Selma questions.· This all happened

25· ·very fast.· And then she talked to Selma for a while.

Page 48·1· · · · · ·And then she said, "I need to speak with Rania

·2· ·outside privately," and she did.· She was out there for

·3· ·at least 15 minutes with Rania, talking to her.· And

·4· ·then she came back in.

·5· · · · · ·She said, "I would like to speak with you."· So

·6· ·I then walked outside.· I spoke with Ms. Smith, and she

·7· ·expressed concern that Rania might take something -- she

·8· ·knew Rania was leaving the house, and she actually

·9· ·expressed concern that Rania might actually take

10· ·something that doesn't belong to her.· She suggested to

11· ·me, "Tamir, you really need to get someone here to kind

12· ·of supervise this process."· Because I indicated that

13· ·this was the first day of the fall semester and I have a

14· ·class I'm teaching in Stockton.

15· · · · · ·And so I had already called my mom that morning

16· ·and asked her to do that.· I already thought of that.

17· ·And my mom basically said, "I'm busy.· Unfortunately, I

18· ·can't do it."· Ms. Smith insisted that she speak with my

19· ·mother.· I put them on the phone, and she convinced my

20· ·mom to come with her husband, Leonard Stolba, my

21· ·stepfather, around -- she came over about 4:00, 4:00

22· ·p.m.· Actually, she came a little earlier than she

23· ·normally would.· And I was busy preparing for my

24· ·classes, Selma was there and she left shortly after my

25· ·mom arrived.

Page 49·1· ·Q.· · · Do you go to Barnes & Noble with your daughter?

·2· ·A.· · · Every weekend.

·3· ·Q.· · · And when do you do?

·4· ·A.· · · Afternoons and evenings.

·5· ·Q.· · · And what days of the week?

·6· ·A.· · · Weekends mainly.

·7· ·Q.· · · And when did the restraining order currently in

·8· ·place go into effect?

·9· ·A.· · · When did it go into effect or when did I learn

10· ·of it?

11· ·Q.· · · When did -- when did you learn of it?· Let's

12· ·start there.

13· ·A.· · · Okay.· I learned -- I first learned of the

14· ·restraining order on September -- mid September,

15· ·September 16th, one day before we were in court on

16· ·September 17th.

17· · · · · ·What happened was I received a letter about a

18· ·few days prior from this legal aid company indicating

19· ·there was a lawsuit against me here in Sacramento

20· ·County.· Obviously I was concerned.· I then contacted

21· ·the court, and the court said, "You have a court date

22· ·set for this day."· I had not been served, so the clerk

23· ·was kind enough to allow me to come in and view the

24· ·file.· And at that time it was September 16th, one day

25· ·before the court meeting, that I learned about the


1· ·restraining order.

·2· ·Q.· · · And what did the restraining order say?

·3· ·A.· · · It's said it was a conduct order.· It said

·4· ·nothing about the stay-away.

·5· ·Q.· · · Did it, to your knowledge, say anything about

·6· ·the fact that you could not speak to Rania?

·7· ·A.· · · No, it did not.

·8· ·Q.· · · Okay.· Do you recall the events of Saturday,

·9· ·September 27th?

10· ·A.· · · Yes.

11· ·Q.· · · Around 7:30?

12· ·A.· · · September 27th?

13· ·Q.· · · Saturday --

14· ·A.· · · Yes, yes, absolutely.· That was a weekend,

15· ·Saturday, and I had Selma with my, my oldest daughter.

16· ·And I had spent Friday evening at Barnes & Noble, the

17· ·prior evening at Barnes & Noble.· And we have a -- Rania

18· ·and I have a mutual friend named Zayed Emir[verbatim],

19· ·that he's a regular customer there, and I talked to him

20· ·on Friday evening.· And at the end of the night he said,

21· ·"I will see you tomorrow might with your daughter,

22· ·right?"· And I said, "Yes."

23· · · · · ·So I returned on Saturday evening, as I said I

24· ·would, around 7:30 with Selma.· I entered the Barnes &

25· ·Noble, and I started walking to the cafe area, which is

Page 51·1· ·the area where we normally sit down and I could do some

·2· ·grading and the girls like to read books.· It's a nice

·3· ·environment.· And at that point I then spotted Rania,

·4· ·and I immediately walked over to Zayed[verbatim] because

·5· ·he saw me too and he was very concerned because he was

·6· ·sort of aware that there was a separation.

·7· · · · · ·I then immediately took Selma and we exited

·8· ·Barnes & Noble and we went to the Arden area.

·9· ·Q.· · · Did you try to speak to Rania?

10· ·A.· · · Not at all.

11· ·Q.· · · Okay.· Do your children attend the SALAM center

12· ·Sunday school?

13· ·A.· · · Yes, they do.

14· ·Q.· · · And what time does that Sunday school start?

15· ·A.· · · Eleven a.m.

16· ·Q.· · · And what time does it end?

17· ·A.· · · 2:30 p.m.

18· ·Q.· · · And is Rania aware of this schedule?

19· ·A.· · · Absolutely.· She went with me several times to

20· ·drop off the girls and pick them up.

21· ·Q.· · · Did Selma attend Sunday school on Sunday,

22· ·September 28th?

23· ·A.· · · Yes, she did.

24· ·Q.· · · What happened?

25· ·A.· · · I pulled in right before 11:00 a.m. to drop

Page 52·1· ·Selma at the SALAM Weekend School, and I saw Rania

·2· ·standing behind her rental car going through her stuff

·3· ·in her trunk.· I then immediately told Selma, "Please be

·4· ·careful.· Rania's here.· Please stay away from her,

·5· ·Selma."· And then I dropped off Selma.· I left.· I went

·6· ·to Panera Bread to eat my lunch and sit down and do a

·7· ·little bit of grading.

·8· · · · · ·And as I'm finishing up my meal, suddenly I see

·9· ·Rania come into Panera Bread.· Mind you, the Panera

10· ·Bread is over Natomas and SALAM school is over across

11· ·the street from ARC.· So I'm sitting down and I see

12· ·Rania come into the restaurant.· She's looking all

13· ·around.· And I quickly -- fortunately, I was finishing

14· ·up my lunch.· I quickly finished up my lunch and packed

15· ·my belongings and I exited out the nearest door.· Rania

16· ·was seated precisely in front of my -- our then 2010

17· ·Honda Fit.· And basically I left.· I exited.· I got in

18· ·the car.· She was sitting right in front of car.· She

19· ·was on the phone the whole time, and then I immediately

20· ·left.

21· ·Q.· · · Did you try to talk to her?

22· ·A.· · · No.· I had been trying to avoid her.

23· ·Q.· · · And what happened next on Sunday, the 27th?

24· ·A.· · · I went to pick up Selma, my oldest daughter, at

25· ·2:30 p.m.· When I got there I noticed that Rania was

Page 53·1· ·sitting in the classroom talking to --

·2· ·Q.· · · The classroom of your daughter's?

·3· ·A.· · · Yes.

·4· ·Q.· · · Okay.

·5· ·A.· · · And she was sitting in my daughter's classroom

·6· ·in SALAM Weekend School.· She was standing there talking

·7· ·to Selma's teacher.· And I -- you know, by this point,

·8· ·I'm sort of freaked out because within, you know, a

·9· ·20-something hour period I've seen her four times now.

10· ·Is she following me or what's going on?· I thought she

11· ·asked for a temporary restraining order, assuming she

12· ·would want to be away from me.· And of course, I'm very

13· ·protective of my daughters.

14· · · · · ·So I then walked up to Selma where she was on

15· ·the east end of the building, the SALAM Weekend School

16· ·building.· Selma was crying.· She was emotionally

17· ·disturbed.· She was very upset that Rania was there.

18· ·I -- I immediately noticed that.· I consoled her. I

19· ·said, "What's going on, Selma?"· She said Rania was

20· ·staring at me the whole time we were standing in line

21· ·before we went into the classroom.

22· · · · · ·She also told me Rania was looking for my

23· ·youngest daughter, Emira, who was four, and going into

24· ·her classroom and talking to her teachers.· And she told

25· ·me that Rania actually at one point went into the


1· ·classroom and she also told me that Selma's teacher was

·2· ·actually aware of all of this because Rania is friends

·3· ·with Selma's teacher, Fatima, and they had been talking

·4· ·about this.· So there was some really strange questions

·5· ·being asked to her because at one point Selma was in

·6· ·class and she said, "I need to go to the bathroom."· She

·7· ·was crying, she was emotionally disturbed by Rania's

·8· ·presence there.· Particularly what freaked her out was

·9· ·being -- looking for our youngest daughter, my youngest

10· ·daughter and her sister.

11· · · · · ·And so at that point I then took Selma, I walked

12· ·over to Saeed Ahmed, who's the principal of SALAM

13· ·Weekend School, and I explained to him that Rania had no

14· ·kids at SALAM Weekend School and had no business being

15· ·there.· And -- and he said, "Well, she's actually

16· ·talking to Fatima right now, but when she's done I'll go

17· ·talk to her."· And eventually he did.

18· ·Q.· · · Okay.· So you saw Rania there again at the SALAM

19· ·school?

20· ·A.· · · Yes, I did.

21· ·Q.· · · Did you approach her?

22· ·A.· · · No, not at all.

23· ·Q.· · · I imagine you were pretty upset, correct?

24· ·A.· · · Yes, I was.

25· ·Q.· · · And still you didn't talk to her or motion to

Page 55·1· ·her in any way?

·2· ·A.· · · That is correct.

·3· ·Q.· · · What would you like the Court to do here today?

·4· · · · · ·THE WITNESS:· Your Honor, I would like Rania to

·5· ·be ordered to pay me the $3,000 in legal fees I've had

·6· ·to pay to respond to these false and wild allegations

·7· ·against me.· I would also like that she be ordered to

·8· ·pay $4,000, which is a total that I've paid so far for

·9· ·deposition fees, for subpoenas and other court fees.

10· ·And, Your Honor, I would also like that she be

11· ·instructed to stay away from me, and my daughters

12· ·particularly.

13· · · · · ·THE COURT:· Thank you.

14· · · · · ·Anything further?

15· · · · · · · · · · · ·CROSS-EXAMINATION

16· ·Q.· · · BY MS. MANZAR:· Good afternoon, Mr. Sukkary.

17· ·A.· · · Good afternoon.

18· ·Q.· · · Is it true that you were married twice before?

19· ·A.· · · Yes, it is.

20· ·Q.· · · Isn't it true that you divorced your ex-wife in

21· ·Arabic before filing civil proceedings for dissolution

22· ·of your prior marriage, correct?

23· ·A.· · · Which marriage are you referring to?

24· ·Q.· · · Your second wife, Ali Shamsuddin.

25· ·A.· · · Yes.· That's correct.

Page 56·1· ·Q.· · · So then isn't it true that you divorced her in

·2· ·Arabic, you gave her the Islamic divorce before filing

·3· ·civil proceedings for dissolution of marriage?· Isn't

·4· ·that true and correct?

·5· ·A.· · · Yes.

·6· ·Q.· · · Isn't it true that you did the exact same mode

·7· ·of divorce for Ms. Sukkary?

·8· ·A.· · · Yes.

·9· ·Q.· · · Rania Sukkary?

10· ·A.· · · That's the traditional way of doing it in Islam,

11· ·as you know.

12· ·Q.· · · Isn't it true that your ex-wife, your second

13· ·wife, Ms. Ali Shamsuddin, has alleged domestic violence

14· ·allegations against you?

15· · · · · ·MS. STOWELL:· Objection.· It's not sustained

16· ·by -- by the file and by the filings.

17· · · · · ·THE COURT:· All she's asking is whether she

18· ·alleged it.

19· · · · · ·MS. STOWELL:· Okay.· All right.

20· · · · · ·THE COURT:· Overruled.

21· · · · · ·THE WITNESS:· No.· She did not allege that there

22· ·was -- I physically abused her.· What she alleged was

23· ·that there was sexual -- that Rania and I -- actually

24· ·she said father and stepmother -- have exposed her to

25· ·sexual acts, number one, and that the kids were being

Page 57·1· ·physically abused.· And CPS came out, did a thorough,

·2· ·complete investigation, all of the allegations were

·3· ·unfounded.· And, in fact, CPS in Sonoma County is

·4· ·currently investigating Ali Shamsuddin, my ex-wife, the

·5· ·mother of my youngest daughter.

·6· ·Q.· · · BY MS. MANZAR:· Isn't it true that Ali

·7· ·Shamsuddin alleged that you physically abused her over

·8· ·the marriage?

·9· ·A.· · · She made that allegation, yes.

10· ·Q.· · · Isn't it true that she alleged -- Ms. Ali

11· ·Shamsuddin alleged that you sexually molest or sexually

12· ·abuse your minor daughters?

13· ·A.· · · As I said, the allegation was made both against

14· ·me, as well as your client.

15· ·Q.· · · Mr. Sukkary --

16· · · · · ·MS. STOWELL:· Your Honor, I'm going to object as

17· ·this is not in the pleadings and it's not relevant to

18· ·this case.

19· · · · · ·THE COURT:· You know, I'm not sure that you want

20· ·to really go down this route.· You stick with this case.

21· · · · · ·MS. MANZAR:· Right.· Thank you.· I withdraw

22· ·that.

23· ·Q.· · · BY MS. MANZAR:· When did you file for

24· ·dissolution of marriage from Ms. Rania Sukkary,

25· ·Mr. Sukkary?


1· ·A.· · · Why?

·2· ·Q.· · · When did you file?

·3· ·A.· · · Oh, I actually served her with the divorce -- my

·4· ·stepfather served her the divorce documents on September

·5· ·17th.

·6· ·Q.· · · Isn't it true that you were in the courthouse

·7· ·before September 17th to file the dissolution paperwork,

·8· ·the initial pleadings, Mr. Sukkary?

·9· ·A.· · · I actually had a paralegal help me with the

10· ·process.

11· ·Q.· · · So when was that, Mr. Sukkary?

12· ·A.· · · That was sometime in early September, I believe.

13· ·Q.· · · Isn't it true that that's when you found out

14· ·there was a pending restraining order against you, a

15· ·temporary restraining order that's been issued by this

16· ·courthouse against you, Mr. Sukkary?

17· ·A.· · · No, that is not true.· As I said, I found out on

18· ·September 16th.

19· ·Q.· · · You stated that on August 18th, 2014, you found

20· ·it odd that Ms. Rania Sukkary came back without any

21· ·groceries, correct?

22· ·A.· · · Did you say the 18th?

23· ·Q.· · · 18th.

24· ·A.· · · Yes, that's correct.

25· ·Q.· · · Isn't it true you were upset when she came back

Page 59·1· ·without the groceries?

·2· ·A.· · · No, that's not true.

·3· ·Q.· · · Isn't it true that you asked Ms. Rania Sukkary

·4· ·that as long as she stayed in that house she would have

·5· ·to the run the household errands, including groceries,

·6· ·for that day; isn't that right, Mr. Sukkary?

·7· ·A.· · · No, that is not true.

·8· ·Q.· · · Directing your attention to September 27th,

·9· ·2014.

10· ·A.· · · Uh-huh.

11· ·Q.· · · As you stated, you were at Barnes & Noble.

12· ·Isn't it true that Ms. Rania Sukkary was not -- sorry,

13· ·strike that.

14· · · · · ·September 27th, 2014, while you were at Barnes &

15· ·Noble, isn't it true that you were not in Ms. Rania

16· ·Sukkary's line of vision?

17· ·A.· · · That's not true.· She was able to see me because

18· ·although I wasn't there very long, she was actually

19· ·waiting to speak to, again, our mutual friend

20· ·Zayed Emir[verbatim], he was getting a drink and that's

21· ·when I quickly said hello to -- greeted him and then

22· ·exited the building.· So, yes, I do believe that she was

23· ·aware that I was there.

24· ·Q.· · · Directing your attention to Sunday, September

25· ·28th, 2014.

Page 60·1· ·A.· · · Uh-huh.

·2· ·Q.· · · Panera Bread is a public place, correct?

·3· ·A.· · · Of course.

·4· ·Q.· · · You were there before Ms. Rania Sukkary came in?

·5· ·A.· · · Indeed.

·6· ·Q.· · · All right.· Isn't it true that you saw Ms. Rania

·7· ·Sukkary while you were driving away from SALAM center,

·8· ·correct?

·9· ·A.· · · No.· That's not -- that's incorrect.· I saw her

10· ·when I -- when I got into the parking lot and then I

11· ·left and I did not see her when I left.

12· ·Q.· · · What time did you leave SALAM center on Sunday,

13· ·September 28, 2014, then, Mr. Sukkary?

14· ·A.· · · Are you talking about the drop off or the pick

15· ·up?

16· ·Q.· · · The drop off -- I mean, when did you exit SALAM

17· ·center that day?

18· ·A.· · · Shortly after 11:00 a.m.

19· ·Q.· · · Well, you must have finally exited after your

20· ·daughter's school was over, correct?

21· ·A.· · · That's why I was asking pick up or drop off.

22· ·Q.· · · Drop off.

23· ·A.· · · Yeah, so -- so I -- of course, at 2:30 p.m. I

24· ·left.

25· ·Q.· · · Isn't it true that you saw Ms. Sukkary through

Page 61·1· ·the window of the building while you were driving out of

·2· ·SALAM center's parking lot, correct?

·3· ·A.· · · I saw her through the window of the building?

·4· ·Q.· · · You stated that you saw Ms. Sukkary, Rania

·5· ·Sukkary --

·6· ·A.· · · Yes.

·7· ·Q.· · · -- in the classroom with the teacher, Fatima?

·8· ·A.· · · On the pick up, yes, I did see her through the

·9· ·building of the pick up, yes.

10· · · · · ·THE COURT:· What does all this matter?· What

11· ·does this matter if anyone saw anyone?· You're spending

12· ·a lot of time on this particular issue.

13· · · · · ·MS. MANZAR:· Sorry, Your Honor.· Last question.

14· ·Q.· · · BY MS. MANZAR:· Ms. Sukkary wasn't present in

15· ·the class when your daughter was at SALAM center

16· ·attending Sunday school that day, correct, Mr. Sukkary?

17· ·A.· · · That's incorrect.· She was present.

18· ·Q.· · · You did not see her there, did you?

19· ·A.· · · What day are you talking about?

20· ·Q.· · · September 28th.

21· ·A.· · · I saw Rania there, yes, I did, and I --

22· ·Q.· · · While your daughter was in class?

23· ·A.· · · While she was in class.

24· ·Q.· · · While Selma was in class?

25· ·A.· · · Oh, that.· No, I did not see her while she was


1· ·in class.

·2· · · · · ·MS. MANZAR:· No more questions.

·3· · · · · ·MS. STOWELL:· Nothing.

·4· · · · · ·THE COURT:· You may step down.

·5· · · · · ·I have a question.

·6· · · · · ·THE WITNESS:· Sure.

·7· · · · · ·THE COURT:· When the CPS worker, Ms. Smith,

·8· ·interviewed your daughter and you're sitting on the

·9· ·stairs behind --

10· · · · · ·THE WITNESS:· Uh-huh.

11· · · · · ·THE COURT:· -- how far away were you --

12· · · · · ·THE WITNESS:· I was --

13· · · · · ·THE COURT:· -- from Ms. Smith?

14· · · · · ·THE WITNESS:· Yeah -- oh, from Ms. Smith, at

15· ·least ten feet.

16· · · · · ·THE COURT:· Okay.· Thank you.· That's all.

17· · · · · ·THE WITNESS:· Okay.

18· · · · · ·MS. STOWELL:· Thank you.

19· · · · · ·THE WITNESS:· Am I excused?

20· · · · · ·THE COURT:· You may step down.· Thank you.

21· · · · · ·Any further witnesses?

22· · · · · ·MS. STOWELL:· No.

23· · · · · ·MS. MANZAR:· No.

24· · · · · ·THE COURT:· Either party wish to be heard in

25· ·argument?

Page 63·1· · · · · ·MS. STOWELL:· I would like to make a closing

·2· ·statement.

·3· · · · · ·MS. MANZAR:· I would like to make a closing

·4· ·statement as well.

·5· · · · · ·THE COURT:· You're the moving party.

·6· · · · · ·MS. MANZAR:· Your Honor, my client, Ms. Rania

·7· ·Sukkary, has been a victim of physical, mental,

·8· ·financial and emotional abuse in the past two years.

·9· ·Mr. Sukkary, the Respondent here today, is obviously

10· ·well-seasoned, he's well-educated.· He's a professor.

11· · · · · ·Your Honor, I would like to remind the Court

12· ·that expert witness Ms. Marguax Helm's testimony is

13· ·established.· Domestic violence is a phenomenon that

14· ·cuts through different demographics of society.· In

15· ·fact, batterers from sophisticated backgrounds are

16· ·actually better able to inflict abuse in subtle ways and

17· ·are able to get away with it.

18· · · · · ·Mr. Sukkary is not only well-seasoned,

19· ·well-educated, but he also has substantial amount of

20· ·experience with this courtroom and the American legal

21· ·system, whereas Ms. Rania Sukkary is very new to this

22· ·country.

23· · · · · ·Your Honor, I would like the Court to take into

24· ·consideration that any lack of physical -- any lack of

25· ·report of physical abuse by my client, Ms. Sukkary, can

Page 64·1· ·be explained by the fact that she is a Muslim woman.

·2· ·She holds a very traditional background -- very

·3· ·traditional views of -- of marriage and face-saving and

·4· ·saving her family's honor, and she did not want to put

·5· ·her husband through more law trouble, with more trouble

·6· ·in law enforcement when he was already going through

·7· ·extensive litigation while they got -- while the parties

·8· ·were married.· And any discrepancies that might have

·9· ·come up in the police report, Your Honor, could be

10· ·explained by the fact that my client, Ms. Sukkary,

11· ·does -- while she does speak some English, she has a

12· ·heavy accent, and also she never and wouldn't -- she

13· ·never intentionally tried to misdirect or misrepresent

14· ·her narrative to the offices, which was evident through

15· ·my Petitioner -- Petitioner's Exhibit L.· That was an

16· ·e-mail communication she sent to Officer Bell the

17· ·following day after that -- making that report where she

18· ·clearly states that this is abuse that my husband

19· ·inflicted on me from months ago.· And also her statement

20· ·in that e-mail shows that her English or the way she

21· ·communicates isn't exactly succinct.

22· · · · · ·Your Honor, the Respondent did bring forth his

23· ·mother and his friend as supporting witnesses, and I

24· ·hope that their bias is obvious to the Court.· One of

25· ·the friends actually stated that he doesn't always treat

Page 65·1· ·him like a friend but also a son.· And then

·2· ·Mr. Badaway's testimony clarified that Mr. Sukkary

·3· ·wasn't present with him the entire day of one of the

·4· ·incidents that Respondent is trying to repute, which is,

·5· ·I believe, September 17th, 2014.

·6· · · · · ·Moreover, Respondent's mother, Ms. Stolba's

·7· ·testimony, in her testimony she herself stated that

·8· ·Rania had socialized with Mr. Sukkary's friends, family.

·9· ·She herself stated that Ms. Rania Sukkary has no friends

10· ·or family here in the United States.· Your Honor, that's

11· ·another reason.· There weren't witnesses here who had

12· ·direct knowledge of all this abuse that Ms. Sukkary has

13· ·faced in the last two years because she did not have any

14· ·friends and family that she could confide in.

15· · · · · ·And even if she reported abuse, a woman in an

16· ·abusive relationship or violent situation, Your Honor,

17· ·does not know how to step out and then take care of

18· ·herself.· The issues range from finding shelter to legal

19· ·services and sustaining themselves on a daily basis.

20· · · · · ·Your Honor, my client has suffered physical and

21· ·verbal abuse.· We have provided pictures of that.· She

22· ·has suffered from financial abuse and threatened of

23· ·getting deported.· Which are unfounded .· She does not

24· ·face that threat.· She has been threatened by the

25· ·Respondent in the past.· She has suffered sexual and


1· ·financial abuse at the hands of Respondent.

·2· · · · · ·And there's also ongoing harassment.· Respondent

·3· ·did try to find out where Ms. Sukkary was residing.· And

·4· ·she tried to keep that confidential.· My client has

·5· ·reasons to believe that her safety will be jeopardized

·6· ·without this restraining order.· We humbly believe the

·7· ·Court could grant a permanent restraining order for

·8· ·Ms. Sukkary.· Thank you, Your Honor.

·9· · · · · ·THE COURT:· Thank you.

10· · · · · ·Ms. Stowell?

11· · · · · ·MS. STOWELL:· I have a bit of a cough.

12· · · · · ·Petitioner in this case alleged that she's a

13· ·victim of domestic violence and that she needs a

14· ·restraining order for protection.· Her testimony,

15· ·however, is inconsistent with the facts of this case.

16· ·First she told the police that she hit her foot on

17· ·August 10th.· That's documented by the police report.

18· ·She found -- and when she found out, actually by myself,

19· ·that the picture was date stamped August 16th, 2014, she

20· ·changed her story as to when this alleged abuse

21· ·occurred.

22· · · · · ·Next she alleges that she was severely beaten,

23· ·kicked on the legs on August 10th so severe that the

24· ·bruising was visible on August 24th, two weeks later.

25· ·Yet a physical exam of Petitioner on August 14th showed

Page 67·1· ·she had no injuries.· Similarly, the police report she

·2· ·filed on August 20th has no mention at all of her

·3· ·injuries on her legs.· She also failed to mention this

·4· ·bruising to the CPS worker who's out on the house on

·5· ·August 18th.· Why?· Because they did not exist.· Because

·6· ·she was not abused.

·7· · · · · ·The light bruising shown in the pictures

·8· ·happened in some other way.· Possibly when she was

·9· ·moving.· And like the foot, she -- she could have taken

10· ·a picture of it and had the documentation immediately

11· ·after the bruising had occurred if it had, in fact,

12· ·happened at the time it was alleged.· Her medical file

13· ·is filled with doctors notes asking if she experienced

14· ·physical violence.· She herself admitted her doctor is a

15· ·Muslim woman.· Who else would she be more comfortable

16· ·with?· Consistently she answered no.· Nor is there any

17· ·documentation in her medical record regarding these

18· ·alleged injuries that she now claims my client inflicted

19· ·on her.

20· · · · · ·What the medical records show, however, is that

21· ·she began making these claims of only verbal abuse after

22· ·my client had suggested a trial separation.· No physical

23· ·exam shows that at any point that she had bruises and

24· ·injuries, and, in fact, it says no injuries.

25· · · · · ·She also stated in her August 27th, 2014

Page 68·1· ·declaration that CPS told my client to let her go.· We

·2· ·have the CPS worker who testified that this is yet

·3· ·another fabrication by Petitioner.

·4· · · · · ·Finally, Petitioner testified that the minor

·5· ·children were witnesses to the verbal and some of the

·6· ·physical abuse she's alleged to have occurred.· Again,

·7· ·the CPS social worker who interviewed the children

·8· ·determined that no abuse, physical or verbal, had

·9· ·occurred in front of the children, which is in direct

10· ·contrast to Petitioner's testimony.· There's even more

11· ·inconsistencies in her testimony.· These are just the

12· ·highlights.

13· · · · · ·This is a case where Petitioner is concerned

14· ·about her immigration status, and not her safety.· Since

15· ·the conduct order was issued, the parties had run into

16· ·each other four times outside of court.· Certainly, if

17· ·Tamir was the kind of person who was prone to violent

18· ·outbursts against Petitioner, he would have had one when

19· ·he had seen his young daughter upset after Petitioner

20· ·was staring at her in class.· He didn't speak to

21· ·Petitioner because he wants her out of his life and out

22· ·of his children's lives and for him to be left in peace.

23· · · · · ·He's asking today that he be reimbursed for the

24· ·costs that have come out of pocket for him for defending

25· ·against these baseless accusations:· $3,000 in attorneys

Page 69·1· ·fees and $4,000 in costs for a total of $7,000.· Thank

·2· ·you.

·3· · · · · ·THE COURT:· Well, it's interesting, about

·4· ·20 years ago I had a trial involving CPS, and CPS's

·5· ·procedures were similar -- not dissimilar, let's say, to

·6· ·this incident.· CPS, as a result of that trial, claimed

·7· ·they had changed their procedures and improved their

·8· ·training of their emergency workers.· But to allow the

·9· ·alleged abuser to be within sight or sound of -- of a

10· ·witness, I think discounts the CPS worker's testimony.

11· · · · · ·You know, the one -- the one piece of evidence

12· ·that really hasn't been disproved is the bruising on the

13· ·shins from August 10th, I think, of 14.· And that is

14· ·really what this case should have been more about than

15· ·whether somebody saw somebody at some cafe or bread

16· ·store.

17· · · · · ·But I am going to grant a five-year restraining

18· ·order because I do believe that the Petitioner has been

19· ·abused physically in part, but certainly mentally, and I

20· ·think she has a right to feel a sense of protection

21· ·against a person that she is claiming abused her.

22· · · · · ·I recognize that, at least as of today, she's a

23· ·pretty strong person, and you would think that maybe

24· ·that wouldn't have the same impact on a pretty strong

25· ·person as on somebody who's much more malleable.


1· ·However, I don't know what she was before any of these

·2· ·incidents or before any of the counselling she may have

·3· ·received.· I just don't know.· But I'm comfortable

·4· ·issuing the restraining order.· I'm uncomfortable in not

·5· ·issuing the restraining order.· So you will each get a

·6· ·copy of this order after hearing on the restraining

·7· ·order.· Okay.· Thank you.

·8· · · · · ·Can we return exhibits?

·9· · · · · ·MS. STOWELL:· I'm fine with keeping the

10· ·exhibits.

11· · · · · ·MS. MANZAR:· I don't need them back.

12· · · · · ·THE COURT:· Okay.

13

14

15· · · · · · · · · · · ·(End of proceedings.)

16· · · · · · · · · · · ·*· · *· · *· · *· · *

17

18

19

20

21

22

23

24

25

Page 71·1· · · · · · · · CERTIFICATE OF COURT REPORTER

·2· · · · · · · · · · · · · -oOo-

·3· · · · · ·I, NICHOLE THUT, CSR, hereby certify that I am a

·4· ·Certified Shorthand Reporter and that I reported

·5· ·verbatim in shorthand writing the following proceedings

·6· ·completely and correctly to the best of my ability:

·7· ·COURT:· · · · ·SUPERIOR COURT OF CALIFORNIA

· · · · · · · · · · COUNTY OF SACRAMENTO

·8

· · ·COMMISSIONER:· HONORABLE PETER J. MCBRIEN

·9

· · ·ACTION:· · · · RANIA SUKKARY

10· · · · · · · · · Petitioner,

· · · · · · · · · · · · ·vs.

11· · · · · · · · · TAMIR SUKKARY,

· · · · · · · · · · Respondent.

12· · · · · · · · · CASE NO. 14DV02324

13· ·DATE:· · · · · FRIDAY, NOVEMBER 7, 2014

14

15· · · · · ·I further certify that I have caused said

16· ·shorthand writing to be transcribed into typewriting by

17· ·Computer-Aided Transcription, and that pages 1 through

18· ·70, inclusive, constitute an accurate and complete

19· ·portion of transcription of my shorthand writing for the

20· ·date specified.

21· ·DATED:· · Wednesday, November 19, 2014

22

23· · · · · · · · · · · · · · · · ·_____________________

· · · · · · · · · · · · · · · · · ·NICHOLE THUT, CSR

24· · · · · · · · · · · · · · · · ·Official Court Reporter

· · · · · · · · · · · · · · · · · ·CSR License No. 13655

25


transcript of proceedings 11-07-2014_condensed-1

Documents