SUPERIOR COURT OF CALIFORNIA
                         COUNTY OF ORANGE
     
     OWEN ALMAGRO and CHEY-MARIE        )
    ALMAGRO,                           )
                                        )
                 Plaintiffs,           )
                                        )
         vs                           ) Case No 04CC04347
                                        )
    PINEBROOK APARTMENTS, INC, an     )
     unknown business organization;     )
    RREEF MANAGEMENT COMPANY, INC, an )
     unknown business organization; and )
    DOES 1 through 300, inclusive,     )
                                        )
                 Defendants           )
                                        )
     
     
     
     DEPOSITION OF : ROBERT POTTEBAUM
    Taken by      : JL SEAN SLATTERY, ESQ
     Commencing    : 9:56 AM
    Location      : 101 West Broadway
                     Suite 1600
                    San Diego
                     California  92101
     Day, Date     : Wednesday, March 23, 2005
     Reported by   : DANA PIERCE, CSR No 12844
     Pursuant to   : Notice
     Original to   : WITNESS
     
     PAGES 1-198
     

                                                                     2
 1                           I N D E X
 2   WITNESS:                                            PAGE
 3   By Mr Slattery                                       5
 4   By Mr Lucas                                        185
 5   By Mr Slattery                                     194
 6   
 7   
 8                        INDEX OF EXHIBITS
 9   FOR DEFENDANT                                       PAGE
10   NO1-1         Notice of Deposition of Robert        17
11   thru 1-4       Pottebaum
12   
13   NO2-1         Notice of Deposition of Person        17
14   thru 2-4       Most Knowledgeable of Eagle
15                  Environmental
16   
17   NO3-1         Deposition Subpoena for Robert        18
18   thru 3-4       Pottebaum
19   
20   NO4-1         Deposition Subpoena for Eagle         18
21   thru 4-5       Environmental
22   
23   NO5-1         Mr Pottebaum's CV                    33
24   thru 5-2
25   

                                                                     3
 1   FOR DEFENDANT                                       PAGE
 2   NO6-1         Aerotech Laboratories Report          68
 3   thru 6-10
 4   
 5   NO7-1         Eagle Environmental Report            80
 6   thru 7-22
 7   
 8   NO8-1         Eagle Environmental Limitations       133
 9                  document
10   
11   NO9-1         Eagle Environmental Contingency       160
12                  Retainer Agreement
13   
14   NO10-1       Mr Pottebaum's Schedule of Fees       173
15   
16   NO11-1       References                             173
17   
18   
19   
20   
21   
22   
23   
24   
25   

                                                                     4
 1   APPEARANCES:
 2        FOR Defendants Pinebrook Apartments and Rreef:
 3            GORDON & REES
 4            BY:  JL SEAN SLATTERY, ESQ
 5            101 West Broadway
 6            Suite 1600
 7            San Diego, CA 92101
 8   
 9        FOR Plaintiffs Owen and Chey-Marie Almagro:
10            QUINTILONE & ASSOCIATES
11            BY:  DEVIN R LUCAS, ESQ
12                 RICHARD E QUINTILONE, ESQ
13            15 Studebaker
14            Suite 100
15            Irvine, CA 92618
16   
17   ALSO PRESENT:  JENNIFER DENKINS
18   
19              DEPOSITION OF ROBERT POTTEBAUM    ,
20   taken by Defendant at 101 West Broadway, Suite 1600, San
21   Diego, California, on the 23rd day of March, 2005, at
22   9:56 am, before DANA PIERCE, Certified Shorthand
23   Reporter No12844 for the State of California
24   
25   

                                                                     5
 1                       ROBERT POTTEBAUM,
 2        having been duly sworn, testified as follows:
 3   
 4                          EXAMINATION
 5   BY MR SLATTERY:
 6       Q   For the record, can you state and spell your
 7   first name, please
 8       A   Robert, R-o-b-e-r-t
 9       Q   Last name?
10       A   Pottebaum, P-o-t-t-e-b-a-u-m
11       Q   Have you ever been known by a different name?
12       A   No
13       Q   I might as well introduce myself  My name is
14   Sean Slattery, and I represent defendants PineBrook
15   Apartments and Rreef Management in an action filed by
16   Owen and Chey-Marie Almagro, and it's my understanding
17   you have some percipient witness information, and that's
18   why you're here today  Have you had your deposition
19   taken before?
20       A   Yes
21       Q   How many times?
22       A   Many
23       Q   Can you approximate for me?
24       A   I don't recall  Many times
25       Q   Would it be