Exhibit 56 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 350-57, S.D. Cal. No. 3:21-md-02992)

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U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 350-57 · 2024-10-24 · Docket on CourtListener

Full text

EXHIBIT 56 
Case 3:21-md-02992-GPC-MSB     Document 350-57     Filed 10/24/24     PageID.11414 
Page 1 of 8

• 
• 
J2411Hl 
SUPERIOR COURT CRIMINAL 
MARIN CJIS 
ORGANIZATION: SC 
IN AND FOR THE COUNTY OF MARIN 
CASE NO. SC120916 A 
DATE: 12/12/01 
PEOPLE VS. GAGE, LATISHA SHAUNA 
BOOKED AS: GAGE, LAKISHA SHAUNA 
TIME: 01:36 PM 
JUDGE: 
VERNA A ADAMS, JUDGE 
REPORTER: VICTORIA DUBIEL 
CLERK: 
MS KING 
BAILIFF: 
NATURE OF PROCEEDINGS: PRELIMINARY HEARING 
CHARGES: 2. PC 484F(A) 
DEPUTY DISTRICT ATTORNEY B. BORDEN APPEARED. 
DEFENDANT APPEARED WITH DEPUTY PUBLIC DEFENDER M. DAVIS. 
DEFENDANT IN CUSTODY ON THIS CASE. 
NEGOTIATED DISPOSITION STATED FOR THE RECORD. 
AMENDED CHARGING DOCUMENT FILED. 
CHARGING DOCUMENT AMENDED AS TO COUNT 2 : FELONY, 
VIOLATION OF PC 484F(A). 
COPY OF CHARGING DOCUMENT PROVIDED TO DEFENDANT. 
DEFENDANT WAIVED READING OF AMENDED CHARGING DOCUMENT 
AND FURTHER ADVISAL OF CONSTITUTIONAL RIGHTS. 
DEFENDANT INFORMED OF THE CHARGE(S) ALLEGED. 
DEFENDANT'S SIGNED WAIVER OF RIGHTS, COURT'S FINDINGS 
AND ORDER FILED AND INCORPORATED HEREIN BY REFERENCE. 
DEFENDANT ORALLY STATES THAT HE HAS READ AND UNDERSTANDS 
THE ACKNOWLEDGEMENT OF WAIVER OF RIGHTS FORM, AND THE 
MAXIMUM AND MINIMUM PENALTIES FORM, WHICH HE HAS SIGNED. 
DEFENDANT ADVISED CHARGES DISMISSED WITH HARVEY WAIVERS 
COULD BE CONSIDERED AT SENTENCING. 
FACTUAL BASIS STATED BY THE PEOPLE. 
CHANGE OF PLEA 
12/12/01 
16:50 
DEPT.: J 
PAGE 
1 
Case 3:21-md-02992-GPC-MSB     Document 350-57     Filed 10/24/24     PageID.11415 
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• 
• 
CASE NO. SCJ:20916 A 
DATE: 12/12/01 
TIME: 01:36 PM 
PEOPLE VS. GAGE, LATISHA SHAUNA 
DEFENDANT ADVISED MAXIMUM SENTENCE THAT COULD BE IMPOSED 
ADVISED SHE WOULD BE REQUIRED TO PAY FINES, FEES AND 
RESTITUTION. 
DEFENDANT ADVISED OF PROVISIONS OF PC 1016.5. 
DEFENDANT IS ADVISED OF APPEAL RIGHTS. 
DEFENDANT ADVISED CONVICTION OF THIS OFFENSE COULD CAUSE 
ANY CURRENT PROBATION OR PAROLE TO BE MODIFIED OR 
REVOKED. 
THE COURT INFORMS DEFENDANT OF LEGAL AND CONSTITUTIONAL 
RIGHTS. 
DEFENDANT AGREES THERE HAVE BEEN NO PROMISES OR THREATS 
OTHER THAN THOSE STATED TO CAUSE HER TO CHANGE HER PLEA. 
READING OF CHARGING DOCUMENT WAIVED. 
THE DEFENDANT ENTERED A PLEA TO COUNT 2, VIOLATION OF PC 
484F(A), PURSUANT TO PC 859A, OF GUILTY 
COURT FINDS THAT THERE IS A FACTUAL BASIS FOR THE PLEA. 
THE COURT FINDS THE PLEA IS INTELLIGENTLY, KNOWINGLY AND 
VOLUNTARILY MADE. 
DEFENDANT WAIVES TIME FOR SENTENCING. 
THE DEFENDANT, HAVING ENTERED A PLEA OF GUILTY PURSUANT 
TO PC 859A, IS HEREBY CERTIFIED TO THE SUPERIOR COURT 
FOR SENTENCING. 
CAUSE IS REFERRED TO THE PROBATION 
DEPARTMENT FOR PRESENTENCE INVESTIGATION AND REPORT, 
RETURNABLE ON 01/23/2002 AT 9:00 A.M. IN SUPERIOR COURT, 
D- J, TO WHICH TIME PRONOUNCEMENT OF JUDGMENT IS 
CONTINUED. 
COUNT 1 DISMISSED ON MOTION OF PEOPLE WITH A HARVEY 
WAIVER. 
DISMISSED COUNT(S) MAY BE CONSIDERED AT TIME OF 
SENTENCING IN RE: HARVEY. 
CHANGE OF PLEA 
DEPT.: J 
PAGE 
2 
Case 3:21-md-02992-GPC-MSB     Document 350-57     Filed 10/24/24     PageID.11416 
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• 
• 
CASE NO. SC120916 A 
DATE: 12/12/01 
TIME: 01:36 PM 
DEPT.: J 
PEOPLE VS. GAGE, LATISHA SHAUNA 
FINGERPRINT CARD FILED. 
ENTERED ON CJIS BY FK, DATE 12/12/2001. 
CHANGE OF PLEA 
PAGE 
3 
Case 3:21-md-02992-GPC-MSB     Document 350-57     Filed 10/24/24     PageID.11417 
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Rev. 3199 
• 
MARIN COUNTY SUPERIOR COURT 
• 
PRELIMINARY HEARING MINUTES 
CASE NO. 
Sc.-1,9, 09/(, -A 
DATE_~1~a~·~1~;,,~-(~2 ~' __ 
T,ME 1331-
NAME ~ 
;6/y\,,-;, J .J,lzaw,w. 
JUDGE __________ DEPT 
,3 
ADDRESS _________________ _ 
CHARGEs_fC'/:_5~----------
CLERK ~ 
DA 4 7zv_; 
FDSPT 
APWOC 
APWAT 
TNOKE 
JNTSA 
D 
D 
-g 
D 
Stipulated to Judge pro term hearing matter. 
Defendant appeared without counsel. ,,-y} Q 
, 
Defendant appeared with attorney 
LLL f~M AD 
Defendant answers to true name as charged. 
Interpreter _________ as _________ language. 
PRELIMINARY HEARING HELD 
O Crt. appted. 
MOXW _ 
O 
Motion to exclude witnesses granted with exception of investigating officer. Motion made by: 
A O prosecution 
B O defense 
MOSU_ 
O 
Motion to Suppress pursuant to PC 1538.5 is 
A O granted as to Ct(s) _________ 
B O denied 
C O submitted 
TRW!P 
O 
Witness sworn and testit!ed for the people: 
TRW!D 
□ Witness sworn and testified for the defense: 
TREXA 
D __________ exhibit(s) entered in evidence ________________ _ 
TREXB 
D __________ exhibit(s) marked for identification ______________ _ 
TREXC 
D __________ exhibit(s) marked and admitted in evidence ___________ _ 
MIEXL 
D 
Exhibit list incorporated herein by reference. 
GDHTB 
D 
The Court finds sufficient cause to believe that the named defendant has committed the offense charged and orders 
the defendant he!d to answer to the charges in the Superior Court as to Count ____________ _ 
CDC_ 
D 
Allegation No. _________ in Ct.______ FT O found true 
NT D not true 
SHOTS 
D 
Conlinuedto ______ at _____ ;n _______ CourtD- ______ for ____ _ 
APDFA 
D 
Defendant to personally appear .. 
PRELIMINARY EXAMINATION WAIVED 
WHPH_ 
O 
Preliminary hearing waived as to Count ________ by: AO defendant 
B O prosecution 
Court orders defendant held to answer to charges. 
SHASC 
O 
Defendant set for arraignment in Superior Court on ____ at _____ ;n ____ Court D ____ _ 
SHB59 
PL59_ 
GDF_ 
PRRPT 
M!TRN 
CDMSC 
CDINF 
AMACD 
AMBAD 
cscus 
CSFRC 
GSFRB 
PLEA OF GUILTY - CERTIFICATION 
)if' The defendant, having entered a plea of guilty pursuant to PC 859a, is hereby certijied to Superi_or Court fl¥ 
sentencins, Referred to Probation Depfil!Vlent for presenlence report returnable on _ - z 3-oa at 
'1. OC) 
in 
';)(1,.,. 
CourtD 
.J 
. 
1/r 
~ The defendant entered a plea to Count ______;;J__, violation of "'l<f L/(F) (19) 
pursuant to PC 859a of: 
CO GUILTY 
DO Nolo contendere Defendant found guilty bY. the Court 
't;9,( Count ____ ~ 
___ d1sm1ssed on motion of 
AA □ Court 
BA~A 
□ Defendant to report to the Probation Department forthwith 
D 
Reporter's transcript ordered. 
O 
Misdemeanor alleged in Count ______ certified to Superior Court. 
O 
Infraction alleged in Count 
certified to Superior Court. 
CHARGES REDUCED TO MISDEMEANOR/ FELONY ADDED 
0 
Complain! amended as to Count ______ ,· misdemeanor pursuant to PC 17; violation of ______ _ 
O 
Complafnt amended to add Count 
• Felony, violation of _________ _ 
BAIL INFORMATION 
In custody on this case 
Released of OR 
To rE;tmain custody of Dept of Corrections 
BBSET 
CSFRH 
CSFRK 
BBRAS 
D 
D 
D 
D 
Bait set at$ ________ _ 
Remain on bail release 
Bail to remain as set 
Judge/Commissioner Marin County Superior Court 
Dale 
Case 3:21-md-02992-GPC-MSB     Document 350-57     Filed 10/24/24     PageID.11418 
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ivlRtN COUNTY suPER10R eel RT 
(Set forth Code Sections(s) a_nd Count(s) 
I desire to plead guilty/Ro;e seAlaA~e.e-tu f C 'f'fJY, f{q) f../~y- (cll-1"17 2._ 
• 
: . 
(Set forth.Code Section(s) and Count_(s). including lesserto·which plea.is ma,.) •. 
1. f understand the nature oflhe cha_rges(s)against me. 
• 
: 
_,/4~·_,_l.7 
_______ _ 
. 
(initials) 
·2. • 1 have discussed the nature of.the charge(s) against me and the possible defenses thereto with my attorney. I 
understand that I have a right to plead: (a) not guilty; (b) not guilty .by reason of insanity; (c) guilty; or (d) that I do 
. not wish to defend againstthe charge(s) (nolo contendere). • • 
• l, -C:r--_ 
. 
(initials) 
3. 
MY attorney has explained BY-constitutional rights to ine; .I h;,ive had adequate time to discuss the case with my 
attorney and I have advised my attorney of all the facts arid circumstances of the case. I understand that I have 
• a right to a jury trial, a right_ to· a speedy -and public- trial; a ,right not t<> make a~Y statements which tend to 
incriminate me; a right to·produc_e witnesses and evidence on my behalf, a rightto confront my accuser(s); a right 
• io confront and cross-examine witnesses against me. I waive (give up)·my right fo·a jury; my right against self-· 
incrimination; my righl to confront my accuser(s); my right to a speedy and public trial; my right to produce 
witnesses and· evidence on my behalf: .and my right to confront and cross-examine witnesse~ against me . 
. I further understand _that I hav~ ·these same constitutional rights With respect to any prior convictions, 
• enhancements and special allegation_s which are set forth in th~.Jl)IC>rmation. I.also wai~e my constitutional rights 
~ith re~pect to su~h prior ~llVict_ion~, enhanc~ments and special al_l_ef)atiohs set forth i!t~e~rmatio:n: • 
(initials) 
4. 
I also understand that I have a rightto appeal from the judgment oflhis court. I waive my_ right ofappeal and my 
· -~~~~ t~=:~~:~ final judg~ent by any statutory or non-statutory means except _as l. an~tencing error the 
_ 
. 
(initials) 
. 
5. 
My decision to plead guiltylcolo eo11leadc1e·t,as been made freely and voluntarily. without threat or fear to me or 
to anyone closely related to me or associated with me. 
/ 
.. if 
. . . 
. 
. 
(initials) 
. 
6.: My attorney has explainedthe'possibie sentence and sanctions Which could be imposed as a result of my piea of· 
guiltyJRele w::ie11de:rer"' .. I underst~nd that as a resuit of my plea of-guilty/~i31e ee11teadere~ I may be sentenced· 
and sanctioned as follows: 
• 
• 
• 
7. 
8. 
J or- -~ 
-e.rJ 
-e~,J 5tit1'. .fli ,:s • .,.. . ..If 
H>tTfd 
I 
(initials) 
I further understand that' I will be subject to a period of parole not lei exceed 3 years. and I may be returned to 
pris.on for an additional. 12-month term of imprisonmerit for each parole violation, not to exceed a maximum cif 4 
additional years in prison. 
• 
• 
• 
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. 
_ -
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. 
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(initials) 
· 
I further understand that if I ani not a citizen of the United States, the offense for which I have been charged may 
have the consequences of deportation and ·exclusion from admission to the l;)nited. ~tales and denial of 
naturalization pursuant to the lav,,s of the United States. 
l- : I/ 
.(initi~ls) 
Case 3:21-md-02992-GPC-MSB     Document 350-57     Filed 10/24/24     PageID.11419 
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· 9. 
; und • • • • • 
• s a fu. •••• ~~eque •• 
• 
ple~of uil; to ; 
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se • • 
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, ". arc 
I will be_ r, quired-
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ith lq 
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, requi 
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10.: ·1 ·fu"'r un~stand ~t as ~)6rther ·to/seq·i.Je~c.Vot my pfua of.gwhy to spldtied/4-son 
ense· I ~3/be 
, r~ired !9!egistertti l~~}P~lice_~a~c'.es as at ~rs~n yffender f req~irj'f by P,':al Co . secti 
451/. 
. 
. 
. 
. 
. . 
. 
-(initials) 
11. I further und!lrstarid· that my plea of guilty_ may be_ used'as evideiice against me with respect t~ any forfeiture of 
:-. any property that may be seized in co,nnectio_n with.the ipve_stigation giving-riseJo thesv.ha~against me. 
. 
. 
. 
. 
(initials) 
. 
. 
-.·12. I .further understand that if I. was.on ·parole or probation,afthe tinie of this.offense that my plea of guilty may be 
thqbasisforthere'vocationofmyparole/probation. 
• • 
.'., ·' . 
-
: · 
• 
•._ L,6,-
·_ 
• ' 
· 
· • 
. 
•• 
• 
·. 
. . 
• 
(initials) 
13. r understand that a further conseque.nce of my plea of guilty is that the court is required to order restitution to the: 
·victim(s);" and, if there is/are.no victim(s), the _court must order !tie 'payment.of not less than $200 or nii,re than. 
$10,000 to the State'Restitution Fund per Penal code section 1203.04. The court must also order a restitution 
:olirie·of-nolless than $200 Of. lJJOfe thah$10,000 P"r Penal Cod_e secti_on 1202A(b). 
: (__,. G: 
. 
initials 
. 
14, 
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fee 
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eat 
. 
. 
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. 
(initials) 
15. r have n_ot taken any drugs or consumed any alcoholic beverages Wjthii'l' 24 hours prior to ~ntering this plea, 
except 
• 
. which does not ih any way affect my ability to .understand. the waivers I· have given or 
- . my kno:,ving and voluntary decjsion to plead guilty. • I, a not impaired at this time by any drug or alcoholic 
beverage. 
• • 
L,, 
· · • .. 
• 
. 
, 
_ 
(initials) 
16. I untj_~rstand that8s a furth:~, consequ~~ce ~f ~y plea, ·additional fines of $/0 ooo. 0 o 
imposed. 
• •• 
can be 
· 
. 
. 
, . 
(initials) 
. _ 11. I have not been inc;Juced to ·p_lea:d guilty/Rolri eo,de11de1e•.by a_~ pr9mise:Or repreSentation-Qf 8 le.sser sentence, 
probatior:-, reward, immunity, or anything else. The only prOmises and represeflfations made to m~ are as 
- f~ 0i)t,i~ • foll_ows: 
' 
o/,)"'liJJ Co'<'\ • 
•• • 
• • • • • '· 
• 
•• 
.. 
• 
II• f fo · • 
c.li.:,'3~J , · 
. "Y••~rt_ "'e, 
Cj O c 
JI 
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~)111..:JJ"'f- Y 
O C«J-e.'l'<"' 
:,,·01"/,!q O!Je 
fl\ ok<.ia i~ M.f ! · · 
dt "' -ti.;, C'<JR; J 
· , · . 
• •. 
. 
. 
, 
(initials) 
. 
_18. I understand that the matter of probation and sentence is lei be deiermined solely by the Court. If the Court does 
i-u?t agree· wjth. an)I of the prbmi~es or' representatiof}S stated above, I under$tand_ that .1. will be allowed· to 
withdraw my_ guilty/Asia ~•Atende,e•:plea and proceed l!Hiial;. : . ' 
_::- ,_· 
: J._. . {r-' . 
' 
. . 
. 
(ihit" 
DATED: 
· 
 
•. D~te_pfBirth:
--~---"-
. My mailing address is ___ ·_,M'-"-"~'--'v"-~--
_: _: -~~------~-'---~--'----~---'--'-
(Street) 
(City/Zip Code) . 
- . My telephoh~ n~mber is ________ ~------
Case 3:21-md-02992-GPC-MSB     Document 350-57     Filed 10/24/24     PageID.11420 
Page 7 of 8

Jam the above named defendant's attorney in the above-e-ntitled criminal action; I have personally read and 
explainCd the 'contents of the above declaratiorl to the defendant; I personally observed the ,defendant reai:J, date and 
sign -said declaration and I have made an independent examination of the facts and law applicable to said criminal 
aCtion~· t C:Oiicur in the defendant's plea of guiifyJAolo Cb:1teiidQie to. the charge'(s) as set forth above. Defendant 
stipulates there is_a factual basis for the guilty'••I• eealeaoey plea(s)_ 
-
Dat~d: -
/)_ I ,/.l 
I 0/ 
- at ~,._,,.,4-t_j) __ - _"' _ , California 
71t!#.si{?~ -- _-
The People of the State of California, plaintiff in the above-entitied action, by and through its .attorney, Paula Freschi-
. Ka~ena, Di~trict ·Attomt;,y, • concurs in the defendant's plea of guilty/.Re!a eputende, c .. as Set.forth ~by the-defendant in 
"the ·ab_oye declaration. T~e People stipulate·there is a- fa~ual ba_sis for the plea. 
• 
Paula Freschi Karnena, District Attorney 
J~ _-
~CaITT~mia 
By__,,z;:"-=~"----~-~J 
f{b-""''--1,--"--~---
----=--c _ 
_.c._ 
- -
(Deputy District Attorney) -
__ 
_ 
Dated:_/ ~'t-~'-_I"\..._--~'-()_/~ __ at 
INTERPRE;TER:s CERTIFICATION 
_ . I AM A CERTIFIED COURT INTERPRETER FOR THE DEFENDANT, The information contained on this form l)as 
_ been translated ti:om English into_~-----------~-'---'-----
--□ated: ____ 
-,i.
0_~--~'-'------·at ______________ ,California 
(Interpreter) 
Defendant personally and by his attorney, in open Court, having entered a plea of guilty/Asia seAleAdc,e•, said plea 
will_be accepted and ordered to be entered. The Court :find_s that said plea of guilfy/Rgle saa!eAo_ere' has been 
knowingly, intelligently .and voluntarily made by the defendant. 
~1-r~ A. AJ>8AM., 
(Judge of the Superior Court) 
•Strtke out inapplicable words. --
-_.310,160 (Rev.3/00) 
Case 3:21-md-02992-GPC-MSB     Document 350-57     Filed 10/24/24     PageID.11421 
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