Ex-Wife is Defaulted And Still Don't Stop Talking — Judge Finally Muted Her

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[00:00:00]Present in the virtual courtroom. Uh we have the attorney for the plaintiff, Mr. Vera, uh Whitney West.

[00:00:11]Uh we have uh the defendant, Ms. uh Gumilyova, who is representing herself.

[00:00:19]We also have an interpreter. And would the interpreter raise her right hand, please? I will be saying everything that was said and um interpret the way it is.

[00:00:27]And I want to just warning you, this is not um my um area, but I interpreting in the medical offices often, so I will do my best.

[00:00:35]Thank you. So, is this your first time interpreting in court?

[00:00:38]It's not my first time, but it's my first time interpreting for this kind of case. Oh, all right, thank you. All right, um and I will just indicate, first of all, um as a matter of housekeeping, uh I want everyone to take uh notice of the notice that is on the Zoom that indicates that recording of the Zoom or the live stream is strictly prohibited, and violators will be subject to contempt of court.

[00:01:14]All right, um and I also uh reviewed the transcript from our motion hearing.

[00:01:20]Can you say it um like easy way?

[00:01:22]>> I I I have reviewed the transcript, the record from our motion hearing.

[00:01:31]Sorry. All right, and um I stated uh what the law was uh clearly at the end of that motion. And the defendant, Ms. Gumilyova, has been defaulted. Can you say it um other way? Ms. Gumilyova has been defaulted. Um >> [clears throat] >> when when Okay, yeah, she understood the word.

[00:01:49]Sorry, I want to be accurate. I didn't She understood the terminology.

[00:01:58]I can say it meant you will be Okay. Um and what that means is that the defendant cannot participate in the case. The court set this hearing to determine whether or not the property the proposed property division is equitable.

[00:02:19]And as I said at the motion hearing, that burden is on the plaintiff to show that the property division is equitable.

[00:02:27]>> [snorts] >> The defendant can observe, but cannot participate.

[00:02:42]Ms. Gumileva?

[00:02:54]Defendant understand about the property division. She cannot be participate in it, but she has to tell something details about the process. Yes. I prefer in English. I can read it, so maybe it will be easier. Your Honor, I understand what I have been informed.

[00:03:13]I cannot participate in the merits of case. However, I request permission to speak on procedural matters. As we concern the legitimacy of the current hearing due to procedural violation that may affect the course of the case and has the opportunity to speak in order to ensure the administration of justice and the legality of the process.

[00:03:41]Ms. Quest? Your Honor, I think I can clear this up. Uh Ms. Gumileva objects to our order because it states that the court was fully advised on the premises on February 20th. That's what it all boils down No, objection.

[00:03:57]Your honor, it's my Miss Gumileva, you need to wait.

[00:04:01]I'll give you a chance to speak after Miss Quist is done, okay?

[00:04:04]The orders are very similar otherwise.

[00:04:08]Words have meaning though.

[00:04:09]Uh it's not just procedural. Words have meaning and the reason she wants that removed, I suspect, is to state that you were not advised of the premises on on February 20th. So, I have not taken that out. Uh I believe this court was advised of the situation.

[00:04:29]Both parties were represented by counsel. There was an interpreter present. Both counsel argued on behalf of their clients and this court correctly refused to set aside the default.

[00:04:42]So, I am unwilling to take that out of the order. If this court orders it, obviously that is what this court orders.

[00:04:49]Um but the otherwise, the two orders look very similar.

[00:04:53]And I >> But isn't this up for motion day for Thursday? This is not noticed for today, is it?

[00:05:00]It is not, but that is what the heart of the matter That's what she wants to speak to you about. I know she's entitled to a motion for reconsideration. I don't have an objection to that.

[00:05:09]Um but I would like to get something done.

[00:05:12]Uh I would like to have the damages hearing on I have tried to get the order entered.

[00:05:18]Obviously, I've been unsuccessful.

[00:05:20]However, if we could get a couple of things done today and maybe get a hearing done on damages, perhaps that will streamline the process a little bit. All right. Um I think for uh court efficiency that we should go ahead and and those um take that testimony.

[00:05:39]Thank you. Miss Gumileva. Uh yes, can I also have some So, um Do you Do you mind >> Do you understand her accent if she continues reading for you or would you like her to speak and then interpreter will translate it? Miss Quist? This is within the court's discussion, you honor. Are you understanding her when she speaks?

[00:06:09]But if I would ask you to slow down, that would help. Okay.

[00:06:16]Yeah, yeah, I got it.

[00:06:18]Uh so, MCR 3.211F says within 27 days after the court renders an opinion of the settlement agreement in place on the record, the moving party must submit a judgment order or a motion settle a judgment order unless the court has granted an extension.

[00:06:42]So, court didn't grant any extension.

[00:06:45]And that means the plaintiff's attorney was required to submit a proposed order for the hearing on the 28th within 21 day after the hearing. So, that's supposed to be a 21 of March. However, she failed to do so. So, this book >> All right, let let me stop you just a moment, okay? Yes. Again, this was noticed up for a hearing this Thurs- this coming Thursday, is my understanding. Because >> Okay, hold on. Miss Quist, are you in agreement that we just deal with this now? Sure, absolutely. I want to get this done. Okay, then go ahead, Miss Gumilyova.

[00:07:33]If today we're doing only damage in hearing and then Thursday will be got to say object. Uh, because because of solution of that system.

[00:07:46]Uh, ordering of hearing on the 28th.

[00:07:49]Okay. Um, that's why I was asking Ms. Quist if she objected to dealing with that motion that is scheduled for Thursday today.

[00:07:58]And she said yes. Or she doesn't have that.

[00:08:00]>> on Thursday we scheduled motion to show cause. It's about plaintiff to Right, right. Thank you. You have more than one motion. It's about um, an illegal publishing video. Right. I I I understand, but I thought we had more than one motion for Thursday. Yes, because we have objections, but we cannot proceed this damages hearing if you don't have order.

[00:08:26]First of all. And second of all, I didn't have time because Mrs. Quist didn't She didn't Because she didn't provide the order in a purpose.

[00:08:49]We will I didn't have time to fulfill my emotion for reconsideration and I feel it will violate my problem. Yeah, it's breaking the rules in illegal I I understand. I understand. So, we're going to go ahead and we're going to address that now. So, go go ahead Ms. Skumaleva.

[00:09:04]It would be mistaken the procedure of the hearing.

[00:09:08]And it would be illegal. All right. Ms. Skumaleva, continue. You started with the court rule which I'm very familiar with. Did you have anything else you wanted to say on that issue? Absolutely.

[00:09:17]Yeah, I can say all everything what I am thinking about this this issue. Okay, can I speak?

[00:09:24]We can remove this objection for today.

[00:09:27]I am I am wouldn't mind because that's me that's me who wants this order become what is the word? Like a yeah, yeah, yeah, because it's in your interest that this order will start becoming legal and that's as soon as it's possible. As soon as it's possible.

[00:09:56]to say about objection. You can move it for today if you want. And she's ready to continue.

[00:10:02]That's fine.

[00:10:06]Uh so, this blocked my feeling of my motion of for reconsideration. I sent the rule 2119F.

[00:10:15]I cannot file such a motion until the end of the order deciding the motion. And Miss Quist Miss Quist says she agrees.

[00:10:25]She does not disagree. She agrees with that.

[00:10:35]Why she if she agree with that, why she did not file the order on time and it looks like it was made on purpose. A motion for reconsideration cannot be filed until an order is entered. So, you are correct and your timeline is preserved.

[00:11:00]Mhm. Okay.

[00:11:02]I have compliant compliant a meritorious defense and good cause as required MCR 3.210 and MCR 2.603D and additionally I have proven the existence of extrinsic and intrinsic fraud along with other errors made in the entry of the court as required by MCR 2.612 and I have demonstrated multiple errors as outlined in 2.119 F. Furthermore, I have gathered numerous eight pieces of evidence showing what is in my former attorney acted in the interest of plaintiff or was completely incompetent and unable to provide me with adequate defense.

[00:12:15]If it's needed, she can list there all um all that we have been done nothing order by by the plaintiff all So, in my opinion, what plaintiff's counsel did not submit the proposed order on time because that was your plan all along. Don't accept the proposed order right at the damages hearing or how it's appears now with But >> [clears throat] >> the day that was in the past. Or and this likely what she will attempt to push previous default judgment today despite its contradicting MCR 3.210 before A.

[00:12:56]So, and Mrs. Quist will likely claim claim what it it was my fault the order was not signed as I allegedly refused to sign the proposed order she sent to me.

[00:13:09]And this is exactly what she said.

[00:13:11]However, I have in my possession as a proposed order what she sent to me and the proposed order what she sent to the court. And that's completely different proposed orders.

[00:13:23]The proposed that's completely different documents. And this morning I sent both of these both of these both of these documents to the court. So your honor you can see and you can you can see what what's not the same document which is sent to me and which is sent to the court. That's completely different.

[00:13:43]And you can personally verify what they are different documents. Yeah. So the proposed order as it was sent to the court was never sent to me for approval.

[00:13:54]Never. It was simply as a contested motion even though I was never given the physical opportunity to contest it. And in response to the first and only orders only order sent to me for approval I submitted my amendments which I also sent to the court this morning. And I respectfully ask you if you can review these amendments and clarify whether I was incorrect or like yeah.

[00:14:28]And would it have been procedurally correct if uh in the court's view for me to sign the order in the form in which it was sent to me by plaintiff's attorney. So I would like you to see [snorts] it and to clarify it for me if it was possible please. Ms. Quest Your honor I think you did state your basis at the beginning of this hearing. Like I said where I think we're all in agreement the one issue appears to be that we stated that the court was fully apprised. Objection your honor.

[00:15:04]That's not right. That's not that's not right. Ma'am ma'am Google it you put it in writing. We have to follow the rules.

[00:15:11]>> But that's a lie. Ma'am can't you I'm going to mute you because I need to hear what Ms. Quest has to say. Go ahead Ms. Quest. I'm interested in getting the order entered. Um I think you stated the basis at the beginning of the hearing.

[00:15:24]And the big objection from what I'm sifting through all these pleadings, the big objection is that we stated the court was fully apprised of the premises, which we always do because both counsel argued on behalf of their clients.

[00:15:38]I declined to remove that because words have meaning, and I know that she is setting this up for an appeal.

[00:15:45]Uh so, I am being very careful about it.

[00:15:47]Having said that, I think we can all agree on defendant's motion to set aside the default is denied. Defendant is entitled to a hearing on uh the plaintiff bears the burden of proof that the proposed division is equitable under the court rules.

[00:16:02]Uh defendant may not participate in the hearing. Defendant is not allowed to engage in discovery, and remains in default, and this hearing was scheduled for today.

[00:16:12]I think we're all in agreement on that.

[00:16:15]I would like to move this case forward.

[00:16:17]Uh and I have a concern about removing a sentence that states that you were apprised by counsel of the situation at an oral argument and in pleadings. So, I have no objection to that.

[00:16:34]I have a case up on appeal right now, and words have meaning. So, that was my objection. That's why we couldn't get the order entered. All right, Ms. Gubaleva, is that correct? Is that what you're objecting to? That the Can I Can I finish my Let me finish my question first, okay? So, is your objection Is it to that phrase that the court was fully advised in the premises? My objection No. No, that's not the only one.

[00:16:58]So, can you very briefly and very short clearly say what exactly in the proposed order you're objecting to?

[00:17:09]In other words, let me make it even clearer. What in the proposed order is something that I did not say in the transcript.

[00:17:25]I would like to ask the court to clarify what the defendants Tiffany I need you to answer my question. What in the proposed order does not reflect what I said in the transcript.

[00:18:05]Let let let let let let let let let let let let let let let let let translate, okay?

[00:18:16]The problem The problem is that she said The problem is that she said she can be participating in this order, but she got paperwork that says she's not allowed to participate in this order. I wouldn't mind. I mean, that's fine, but that's not correct. And uh second >> I I Just a minute. I'm looking at the last page of the transcript.

[00:18:40]Let's see. I'll even say what page it is.

[00:18:44]Page Page No, no, no, no, no, don't send me anything, okay? That's not appropriate. Okay. Just a minute. Just Okay. Look at page nine of the transcript.

[00:18:54]And it says, and I quote, "My understanding of the case law is it's plaintiff's burden to show that the proposed division is equitable and that the defendant really has They're They're entitled to attend, but they cannot participate."

[00:19:09]>> Yes, that's what I'm talking about. But according to Mrs. Quist, the proposed order, I can participate, and this is not correct. Here, I just read from her order, right now.

[00:19:19]>> No. Oh, [laughter] ma'am, just a minute.

[00:19:21]Just just What I wrote to you in court just now is her proposed order. We accept and agree to that.

[00:19:30]We accept that.

[00:19:32]I just objected to that one sentence being taken out because both counsel argued.

[00:19:39]But, what I wrote to you just now is from her orders, and we accept that.

[00:19:44]Okay. Then That's it. That order, I'll sign that. Thank you. I'm signing your proposed order, Ms. Gumaleva.

[00:19:55]It is, Your Honor, it's the 4 25 25 order.

[00:20:01]It's the one I just read.

[00:20:03]And it says Um, is she telling that in her proposed order she did not have this, and um, the wife can check and verify that that she did not have it in her proposed order. I I just read it to you, Your Honor. We We can email it to you. It's got her signature on it. Okay.

[00:20:31]So, at this point, then we have an order Yes.

[00:20:34]>> can proceed.

[00:20:43]So, do you have um, signed order? Can you verify, please? She's misunderstanding.

[00:20:48]Yes. What order do we talking about that been signed? Your proposed order that you sent.

[00:21:14]>> My question is why her order was not signed a month ago. If this order would be signed a month ago, then um I would submit my motion for reconsideration and this damages hearing would be cancelled.

[00:21:31]So I objected to that sentence and if this court overrules that and agrees that this order will be entered, that's fine.

[00:21:40]But I have the right to object to orders also, not just Miss Knyazeva. We're trying to get this forward.

[00:21:49]It's a manipulation of the process.

[00:21:52]Because she didn't give me even one day to submit my motion for reconsideration.

[00:21:58]And All right. All right. Uh no, at this point no, we are moving forward. I will not make a ruling on the damages hearing um in order to give you time for the motion for reconsideration, but we're here today and we're going to go forward with that damages hearing if we need to depending on what my decision is on the motion for reconsideration. We may have further proceedings, but we are moving forward today.

[00:22:24]All right. So we will have uh we will have damages hearing. So that we should have additional hearing to the her motion consideration. You don't get a hearing on a motion for reconsideration, but that my decision after reading the motion for reconsideration, if I grant it, might result in additional hearings. If it doesn't, then today will be it.

[00:22:53]But since we're all here, we might as well take advantage of the time and it will not be a waste of time regardless of my decision.

[00:23:03]Uh so what should I'm sorry, say that again.

[00:23:09]What does it mean when you said that today it will be it? Well, if I denied a motion for reconsideration, then your next step would be the court of appeals.

[00:23:20]Because it's the most efficient and it was notified it was noticed out.

[00:23:24]For today.

[00:23:25]We have everyone here. I have a whole half morning set aside for this. So, we're going to go forward. Your I I I understand she has the right to a motion for reconsideration. I'm not objecting to that at all. She does it and I think it's in the best interest of judicial economy to move forward. So, I'm not going to object to a motion for reconsideration. That's what I'm saying.

[00:23:45]I it's in the best interest of everyone to use our time today, so we're going to. All right. Miss Goleva, I'm going to mute you. All right, Miss Quist. Your honor, as you know, we're here for a damages hearing today.

[00:23:58]If the court allows, I'll take testimony from Mr. Vera in regard to the facts surrounding the prenuptial agreement and the judgment of divorce that will demonstrate that it is equitable under the circumstances. As this court knows, this is a 1.5 year marriage.

[00:24:16]Miss Goleva left the marriage in October of 2023 or 2022. Mr. Vera will testify to that.

[00:24:26]And we will go through the prenuptial agreement. And there are a few housekeeping matters, but I think they're better addressed at the end because it gives some context if this court allows. Thank you. All right, thank you. Please call your first witness. I call Christian Vera. All right. Would you raise your right hand?

[00:24:44]Would you state your name for the record?

[00:24:46]Christian Vera. Would you spell your name? C H R I S T I A N V like in victory E R A.

[00:24:54]Do you swear or affirm the testimony you're about to give in this matter is the whole truth and nothing but the truth.

[00:25:01]I do, your honor.

[00:25:02]All right, thank you. Before we proceed, Ms. Gumileva, you seem to understand English well.

[00:25:09]Do you My my feeling would be that keep Ms. O'Malley as an interpreter here so that if you don't understand something, you can ask for it to be translated. Are you okay with that or do you want Wait, your name would be fine. Okay, yeah. Are you Are you are you okay? You agree with proceeding that way as opposed to her translating every sentence, every word?

[00:25:42]Is it the question to Ms. Ms. Ms. Gumileva?

[00:25:45]Yes.

[00:25:59]She will raise her hand if she doesn't understand and then I will add the [clears throat] help.

[00:26:05]That's fine. Ms. Quist.

[00:26:07]Thank you, your honor.

[00:26:09]Mr. Vera, let me ask you a series of questions surrounding not so much as your marriage but as to the prenuptial agreement and to the judgment of divorce as you know and has been discussed.

[00:26:21]A judgment of divorce really has to be fair and equitable under the circumstances even if a person is in default.

[00:26:28]So, I'm going to ask you a series of questions surrounding >> Ms. Quist, hold on. I'm sorry.

[00:26:33]I think you might be speaking too fast.

[00:26:36]I was speaking too fast. Okay. Ms. O'Malley, are you able to translate that for Ms. Gumileva? Repeat the question, please.

[00:26:45]Are you able to translate what Ms. Quist just said for Ms. Gumileva? She has to repeat it again. That was fast. Okay.

[00:26:52]Okay. All right. Okay.

[00:26:55]Um Mr. Vera, as you know, the court must do equity and must decide that a judgment is equitable and fair in light of the surrounding circumstances even when a person is in default. So, I'm going to ask you a series of questions regarding the prenuptial agreement and the judgment of divorce. Do you understand that?

[00:27:17]Yes, I do.

[00:27:19]Uh and I'm going to ask you to not guess or to uh not um try and put words in the other person's mouth. Just answer the questions. If you can't, say you can't answer it, okay?

[00:27:31]Yes.

[00:27:32]Thank you. Just like housekeeping, what's your current address? These are foundational questions that we ask in all of our cases. Uh are you married?

[00:27:41]Yes.

[00:27:42]Who To whom are you married? Diana Gumila.

[00:27:45]When were you married? We were married uh February 11th of 2023 uh at uh Fairway Estate Court in Valrico, Florida. Okay. Did you have any children together?

[00:27:58]No.

[00:27:59]Okay.

[00:28:00]Is this your first marriage?

[00:28:03]No.

[00:28:04]Did you own property before the marriage? Yes. Did Ms. Gumila own property before the marriage?

[00:28:12]Yes.

[00:28:13]And because of this, did the two of you decide to take any precautions in regard to protecting your property in the event of a divorce? Yes, uh we had a pre-nup done uh prior to marriage uh by Steve Elkins.

[00:28:30]Um during that uh meeting, Diana signed it. She also signed off in any um uh assets moving forward after the marriage because in her eyes, if the marriage didn't work, she wanted uh the divorce to be done so she didn't have to spend any equitable monies to fight it in court as well as she didn't want people to think she married me for my money. And did both of you this quiz she's raising her hand. Miss O'Malley, can you translate, please? Yes, I want to ask to repeat them the last phrase.

[00:29:00]Mr. Vera, could you repeat what the last sentence you said? Pertaining to Diana signing off on future assets of the marriage, her reasoning to Steve Elkins was because of the fact that she didn't want to incur costs of a divorce. If the divorce was needed, it would be done and she didn't want people to think that she married me for money. That's why she signed off on the prenup as well as the future assets of the marriage.

[00:29:45]Mr. Vera, so you were married in January of 2023 or February?

[00:29:52]>> Yes, I I'm sorry.

[00:29:54]Did I say January? It's February 11th, 2023.

[00:29:58]Three days before Valentine's Day.

[00:30:02]When did Miss Gumleva leave the marriage? Diana left the United States to go back to home her country of Russia to Moscow to finish renovations of apartment that she had bought prior to the marriage. When was that?

[00:30:17]That was in October of 23. I can't give you the exact date, but it was the middle to end of October.

[00:30:25]So, she's remained with you as a marital couple for seven or eight months? Yeah, I haven't seen her since she left to go to Russia in October of 23.

[00:30:37]Okay. I didn't even know that she was even back in the country until maybe November of 2024. I didn't even know she was here.

[00:30:49]At the time of the marriage and the signing of the prenuptial agreement, what were your assets? Oh, I got a lot.

[00:30:58]I had I had a lot. I I a couple restaurants in town. I own property in Florida. I own my 401k at Morgan Stanley.

[00:31:10]I have my crypto accounts. I have my stock ownership when I sold my company job.com in 2020, December of 2021.

[00:31:19]Um I just got a lot. Let me ask you a different way. Okay.

[00:31:24]>> Were they all stated in the prenuptial agreement? Yes, everything that all my assets were actually actually done prior to the pre-nup and it was because I had had a will and trust set up in case cuz I was having multiple back surgeries over the from I lost my brother in 2017 and he didn't have a will or trust, so therefore I went through I did a will, a trust because I had had three major back surgeries and neck surgery um from 2017 till August of 2023 and I wanted to make sure that all my assets and all that were protected so that way if something happened to me they would be protected so.

[00:32:10]At the time of the signing of the prenuptial agreement, did Ms. Goomleva list her assets?

[00:32:17]And did you state that she owned an apartment or owns an apartment in Moscow? I helped her pay the apartment off in Moscow prior to our marriage.

[00:32:31]We got it all paid off. We bought all almost all the renovation materials prior to coming to the United States for our marriage. Hold on. Hold on. Hold on. Hold on. Mr. Vera, hold on.

[00:32:42]Ms. Omelia, can you translate?

[00:32:58]She's She's muted.

[00:33:01]I cannot hear what she's saying. You You just get this point um for Mr. Vera for Ms. Gumilyova so she can understand what's being said. But I I cannot hear if she understood me because she said something but I cannot hear.

[00:33:14]Okay. Ms. Gumilyova, did you Did you understand?

[00:33:19]She understood everything but it's not true. Well, that's fine but this is not the time to bring that up. Just checking to make sure you understood.

[00:33:34]Hey, Mr. Vera. Um so with that with with the with her leaving, she went to go finish the the the rest of the labor that needed to be done. There was some other things that needed to be purchased but therefore, I conceded that that the she bought it prior to us getting married that that would her purse as well as any of her bank accounts that she had over in in Russia as well as I had bought her a 2015 Mercedes that she didn't like and we sold it and got it Kia Seltos. And I'm just going to follow up on that since we just touched on the subject. Ms. Quist, hold on. Mr. Vera, could you repeat what you said and just slow down a little bit cuz I think it's the speed at which everyone is talking that's that's causing difficulty. I I I I I don't know I think that and Diana's English is better than what she wants to say but anyways, um during that time frame, she left to go back to Moscow to finish renovation of her place. I had already finished paying the apartment off. I had already bought about 70 to 80% of the materials needed.

[00:34:42]When she went back, there was other things that she needed to to buy finish the kitchen and bathroom and find labor. So Is it something that I need to interpret for her or we can continue? Miss Gulieva, do you understand?

[00:34:57]She's saying something. I can't Can you give a thumbs up or a thumbs down?

[00:35:06]Okay.

[00:35:07]So with that being said, I that's hers. It was she bought originally had bought it prior to the marriage but she had probably about a third 40,000 50,000 on the on which I helped her pay off.

[00:35:23]I also had given her a a 2015 Mercedes. She didn't like it so we sold it. We got her a 2022 Kia Seltos. So that way when we went and we had the prenuptial set or signed, we listed the bank accounts, the her own bank accounts, her own I believe it was her own bank accounts that was listed in that as well as the 2015 Mercedes but at that time we still had it. We hadn't sold it yet and the Moscow property. I have a question for you Mr. Vera just since we just talked the Mercedes, you sold it and purchased a Kia for Miss Gulieva. Yes, I did. A Kia Seltos. What happened to that car? I moved my daughter and I used it to move and we were parked on the side of the street and somebody that had been drinking either passed out or was on their phone and they ran into the back end of the Seltos totaling in Is there a That that that's from October till this happened December I believe was December 8th 2024 the vehicle sat and I would occasionally drive it because it's not good to let a car sit for over a year and not driving it. And is there was the car insured? Yes, I I I did insurance on and it was it was in both of our names because Deanna didn't go through and get a Michigan license in order to continue insurance. So I had to be the one to ensure the vehicle as a matter of fact I think they took her off the insurance because there was she had been here since late fall of 2022 November I believe.

[00:37:13]>> can you stop a minute? Yeah.

[00:37:15]>> Um Miss Amelia can you translate? I saw a hand.

[00:37:18]Yes, which part did they Deanna did not understood because she raised her hand like before. Can can she speak? Cannot hear her.

[00:37:44]Yes, so after that what he said? She wants to know what did Mr. Verica said about insurance part. Okay. All right.

[00:37:52]Mr. Verica could you slow down and repeat the part about the insurance? In America we need to have our vehicles insured in case someone hits us or in case the vehicle is damaged it protects us as individuals in the car if we're if we're critically injured it also protects the car being replaced. I paid for the insurance. I continue to pay for the insurance all through the marriage which isn't an issue.

[00:38:19]So that way the vehicle would be in >> [clears throat] >> properly um covered during this time. Um Continue.

[00:38:45]Um just a quick question, Mr. Vera. How long have you known Diana Gongli?

[00:38:50]How long have I known her? Yes.

[00:38:52]Uh I met her December 13th or 14th of 2020. Have you ever had a problem communicating with her because of the language barrier?

[00:39:02]No.

[00:39:04]Thank you.

[00:39:05]I back to the car. Is it So, it was at the time it was hit?

[00:39:11]Yes, it was. Who was it insured by?

[00:39:14]It was by insured by Hanover Citizens.

[00:39:17]What have they done in regard to the car? It's a total loss.

[00:39:22]At the time I wasn't sure what the loss was. So, you know, when Diana got upset about the car being wrecked, um I had indicated that there was about $17,000 worth of damage to the vehicle.

[00:39:37]Um and I had offered to give her that or get her another vehicle um to replace of those to the same value or the similar value or a similar vehicle. Um of course, she got upset and then and said I did it on purpose, which I don't know how that's possible.

[00:39:55]But, um it was total uh the the Citizens Hanover is uh sending me numerous emails because they need to have the title signed off.

[00:40:04]Um but, because both of our it's not Mr. Mr. Mr. Vera, could can you back up and slow down, please?

[00:40:11]Okay, sorry.

[00:40:12]The Hanover has been asking me to provide a signed title back to them so they can close the case on the insurance claim.

[00:40:25]Title is instead of it being Christian or Diana, it reads Christian and Diana. So therefore, I have to either have the court allow me to sign the title on behalf of Diana, but it needs to be both our signatures in order for the case to be closed. They found out that they agreed to pay $25,000 for the for the damaged vehicle. And my understanding, Mr. Vera, is that the check will be She She has her hands raised.

[00:41:00]So, uh back up a little bit, Mr. Vera. I can repeat Thank you. It's just that about um Okay. Okay, good. All right, thank you.

[00:41:27]>> [snorts] >> Continue. I was just interpreting about uh the signature on the title that you had to do. Which I have not with those names. Okay. Yeah, which I have not done yet. So. Okay. And the $25,000 check will be given to Ms. Goleva, correct?

[00:41:47]That's correct because I bought the vehicle for her as a gift. And I on January 3rd, I told her that I would either try to At the time, I thought it was only 17,000.

[00:41:57]Now, since that last communication between the two of us via WhatsApp, I found out that the vehicle that they were going to total the vehicle and they were going to issue a check for I believe it's 25,000. It might be a couple dollars more, but it's the $25,000 is is the value the base vehicle is worth and therefore because I bought it as a gift for her, she deserves that.

[00:42:21]That's consistent with the prenuptial agreement given that it was a car. It was a Mercedes that she chose to sell.

[00:42:28]Correct. And buy a Kia. That's correct.

[00:42:30]Okay. I I'm not sure she understood you, Ms. Quest. Could you say it again and and slow down? Okay.

[00:42:36]So, that the two of you decided to sell the Mercedes and purchase a Kia, that is consistent with the prenuptial agreement, the judgment, she will receive a $25,000 check. Mr. Vera, has Ms. Gumleva collected her personal belongings from your house here in Michigan? No, actually that that's what spurred all this fighting in court was that um she wanted to come get her car and her items at the house. That's when I said that if she's welcome to come get the items in the house, but there's an issue and that's when I explained about the car. At no given point did was she even concerned that myself and my daughter were almost hit by this guy. We were 25 yd from the car.

[00:43:30]Um right away it was more of a concern that I did this to hurt her and to get back at her um versus any concern on any safety, uh but when the issue arose that the car wouldn't be there, that's when all of this spiral down. See how ugly slope that it's at.

[00:43:49]And you will have and if we can get a court order to sign the title, then you will turn over a check for $25,000 to Ms. Gumleva, correct?

[00:44:03]That's correct. Uh you know, I think I offered I also indicated that I could send it to your office and you could trans Absolutely fine. Absolutely fine.

[00:44:11]I'm happy to be the go-between.

[00:44:13]First But she's she's she's welcome to all her things. It's just I can send them to her. Are they valued >> Yeah, I mean Deonna didn't I I treated Deonna good. I mean you know, she Saint Laurent jack uh leather coat, uh Burberry trench, uh Christian Louboutin.

[00:44:34]Um she's got a lot of nice I I bet just in those three items it's close to $10,000.

[00:44:39]And those They're all hers. They're all hers.

[00:44:43]They're all packaged and ready for her.

[00:44:46]And they're exactly the same state as she left them. Uh um as of just recently I moved them out of my closet into a the spare bedroom closet, but they're still on hangers. They need to be packed up and sent. But I would be willing to to send those to wherever she's living or or if she wants to come and pack them up herself and grab them, which I don't know why she would want that. I can make arrangements to for her to meet uh Alba and them at the house, but I would prefer that maybe I I don't know. It might be easier for her to look at them and pack them, so.

[00:45:24]She She raised her hand. Oh, she seems to be a Besides what we have described, uh was there any joint property that the two of you purchased during the 8 months that you lived together as husband and wife? Mr. Vera I uh As a mat- as a matter of fact, at that given point in time I had sold my company and I wasn't working the way that I should because the company wasn't paying for uh what they were supposed to and I ended up having to take them to litigation. So therefore, I didn't work and I haven't worked, so therefore I haven't been able to really acquire any more assets uh during and after that time, so.

[00:46:03]And looking at the judgment of divorce, in your opinion, is it consistent with the prenuptial agreement given what we've talked about today, which I knew we would have to discuss? Uh yes.

[00:46:17]Okay. And do you consider the terms of the judgment fair and equitable? Yes.

[00:46:24]And at the time of the signing of the prenuptial agreement, did you and Ms. Gumleva consider the terms of the prenuptial agreement to be fair and equitable? Yes. Steven was given the opportunity to speak with counsel, Audrey McClure, which she never reached out to, um to be able to make sure that all this was fair for her.

[00:46:45]And I have reviewed that email, uh Mr. Vera.

[00:46:49]So, she did not follow up.

[00:46:52]I'm going to ask you a couple of questions in regard to it's really just procedural, but it's jurisdictional, also. Were you a resident of the state of Michigan for 180 days prior to the filing of the complaint for divorce?

[00:47:08]Yes.

[00:47:10]Were you a resident of Kent County for 10 days prior to the marriage?

[00:47:14]Yes. And the filing of the Okay. Has there been a breakdown of the marital relationship to the extent that there is no reasonable possibility of reconciliation? Yes, we tried counseling, it didn't work, so I I just want Deanna to be happy. I want her to to move forward in life. She's smart, she's intelligent, she's beautiful.

[00:47:35]She can acquire anything that she wants to she sets her mind to. I want her to move forward. Um I couldn't make her happy. I don't want her to continue to uh live uh and and it's best that we move and separate, and I need to live my life. I'm 61 years old as of the 4th of May, and I need to move forward in my life as well, and focus on my sick father, focus on my daughter, focus on my life. So.

[00:48:01]And I have to ask this question, but I guess we could ask this maneuver cuz she's here. To your knowledge, is Miss Gumileva pregnant at this time?

[00:48:09]There's a question that I did not ask earlier.

[00:48:12]During the marriage, did you provide Miss Gumileva for with money to send to her parents? From the time we met, I would give her money's when what Let me say that from the time I we I met her in December. She She brought a lot of good to my life at that point in time. And and she got sick a couple times. I made sure that I sent her medicine or sent her money to go to the doctors when she was in St. Martin. At that point in time, I was somewhere after her birthday, the 26th of May, that we decided as a matter of fact, that's when I proposed to her.

[00:48:49]And we decided to make our relationship go. And uh during that time, I I gave her money's to be able to pay for her rent because things were tight. It was COVID time. I also sent money's that I thought she was sending to her parents only to find out that she hasn't had a relationship with her parents for years. As well as I was sending money for her to pay off her mortgage in Moscow. Not to mention when she went out in in October of '23, I don't remember if it was is Pakistan or Azerbaijan. I she I had to fly her there so that way I can send her money to Western Union because of the sanctions on the Russian bank. I was also sending her money when she was living in Russia until the war happened and sanctions didn't allow me to send money through TransferWise or Wise or whatever it was called at the time.

[00:49:43]But yes, I've sent I've taken I took care of her. When I told her that that we were married and I told her that when we got married, I I want to be divorced.

[00:49:51]And, um, we uh moved forward in that, and uh evidently the monies that I was being that would be sent to Deanna for her parents never got to them, so.

[00:50:03]I don't have anything further at this time unless the court has any questions.

[00:50:08]I believe the judge I do not.

[00:50:10]Okay, thank you.

[00:50:11]My only [clears throat] other remaining question would be whether or not we want to move on and address the motions um the other motions that were up for Thursday.

[00:50:22]I'm happy to is that the one about the court live streaming?

[00:50:28]The yes, I believe there's let me pull that up. Sorry, my technology is slow today. I do have a question of him, too.

[00:50:36]Go ahead, ask the question while I'm looking at this. As as we move forward and all that, I do know that I still have um Deanna insured. I pay for her insurance and her cell phone.

[00:50:46]Um you know, once once this is done, I need to know how to address uh you know, she has the ability for Cobra, which she can pay.

[00:50:54]Um but I just those are a couple things that I have continued to pay during the time of uh us being separated. I can answer those questions for you. Okay, hold hold hold on, Ms. West. Could you repeat that, Mr. Vera, maybe a little slower? Since Deanna's been gone, I continued I just need to figure out what's going to happen at the end of this um as I have continued to pay for her health insurance, her dental insurance, her vision insurance, her cell phone um during this time frame. And then once this is done and over with, I just need to know how to address that so that way she knows that she has to be responsible to pay for her own insurance cuz she gets Cobra and her own cell bill after that. I'll see you there, but maybe on a chill after a stroke and over and dentist and policy on which is not so good after the >> Can you list it? I do believe I can help you with that when this is over. Thank you.

[00:52:04]Uh and this question it looks to me and I guess I'll ask Ms. Gornall um to confirm but it appears to me since we just dealt with the objection uh to the proposed order and the motion to enter the order uh that the only remaining thing for Thursday is the motion to show cause that um Ms. Gumleva has has filed um and I believe that relates to unauthorized recording and publication of the court hearing. Let me Let me just ask Ms. Gumleva, do you agree that's the remaining motion? I'm fine with addressing it. Just Ms. You the hearing.

[00:52:39]Can you repeat your question? That the only motion left for Thursday at this point is the motion to show cause regarding the unauthorized recording and publication of the hearing. Um with the last statement she told was she was standing in the secret room uh the chief of the guard told she told we had to get her a secret room in the second video service.

[00:53:10]She did not receive any notice about it.

[00:53:19]In your email she did not receive any anything.

[00:53:23]You filed a motion and it was noticed up for Thursday. I I understand.

[00:53:40]She did not have official notice from the court and she did not have a link for the Thursday meeting.

[00:53:47]All right. Well, the question is, do we want to do that? Are you prepared to handle that today?

[00:53:52]Um no, I'm not ready now. I want to do it Thursday. Yeah. Okay. All right, then is there anything further?

[00:54:06]Is a question for her?

[00:54:08]No, it's it's for everyone.

[00:54:12]I do have a question. Is does Ms. Gumilyova agree to sign the title so she can receive her check?

[00:54:20]If she does not, I would ask for a court order that Mr. Vera can sign the title because it has become an issue. We there will be a check waiting for her for $25,000.

[00:55:09]She is not willing to sign the title until the process will be over with with the divorce. The process will be over because 90% what she hears from Mr. Vera is not truth according to her. Mr. Vera is receiving rather insistent communications regard from the title company and the insurance company to get this done regardless of how this ends, these mechanical steps must be taken. Is it possible to get a court order to have this I can take the $25,000 and put it in a trust account to be held for her.

[00:55:54]I don't mind. I'm just trying to wrap up as much as possible so that as we move forward, we don't have to keep going back.

[00:56:02]That is reasonable. That is um a very typical way of handling these things during the pendency of a divorce.

[00:56:09]Could you translate, please?

[00:56:11]Would you please Yes, she wants to go back and interpret for me to everything we just said.

[00:56:47]So, yes, I will grant Oops, Mr. Vera.

[00:56:50]I'd uh Your Honor, they've been asking me since uh divorce hearing on the 28th, I believe, of February. They've been bugging me uh monthly and it's not just them, it's the salvage company. So, I'm getting I'm getting bombarded with both sides of it and I I I will grant an order requiring that the title be signed, that the proceeds be put in Ms. Quist's trust account to be held till the final determination and distribution of the property in this case. This can leave it at the signing the title does not mean you agree. It's just getting the insurance company and the salvage company and all of these other people out of the mix.

[00:57:49]Yes.

[00:57:56]Again, that does not mean you agree with the value. That's the value.

[00:58:06]That that argument would still be available to you if the if the default is set aside.

[00:58:36]That's fine. That is always that is always available to you, but I am entering order today that that title be signed immediately.

[00:58:52]Mr. Vera, you're you're represented by counsel, so it's really Go ahead, Mr. West. Thank you.

[00:59:00]So, is the title going to be assigned to Mr. Vera or is Mr. Oliva going ordered to sign the title immediately? I don't care which one. Begin. Trying to think what it would what would be the easiest way to resolve this. I think assigning it to Mr. Vera I I think that's what I'll I'll order that it be signed to have with the value being an open issue as far as the marital estate goes at this point. Thank you, Your Honor. Will you be drafting the order, or do you want me to draft it?

[00:59:29]I I'd prefer that you draft it. And if you get it to me ASAP, I I will sign it.

[00:59:34]I'll get it to you within the next hour.

[00:59:36]Thank you.

[00:59:37]>> Okay. All right. Um and we are adjourned, and we will see you on Thursday.