Notaro vs Spitzberg Appeal- April 29th 2008. Not finished tonight. Still must add whitaker's testimony to boags and his myspace thanks to tig for gigs

What the appeals judges came up  with:

On April 29, 2008, Notaro was driving to perform a show at the Hollywood Improv club when the promoter called her to inform her that Spitzberg had been removed from the club. When Notaro arrived, she saw Spitzberg outside the club, talking to people. Notaro entered the club through a side door. The security guard for the Improv club, Brian Whitaker, told Notaro that Spitzberg said that she knew where Notaro lived, the color and make of Notaro's car, and the car's license plate number. Spitzberg, her mother, and her sister remained outside the front of the club and verbally attacked other performers, patrons, and security guards for over two hours. Notaro attempted to leave the club, but because she felt unsafe, she remained in the club. The police were called, but they were unable to take any action because Notaro's life had not been directly threatened. After the Spitzbergs left, Notaro went home.

Police report to Gregozek from LAPD's Threat management unit– April 29th 2008- statement by notaro given on April 30th 2008

On April 28th 2008, Notaro performed at the Improv. A friend had contacted her prior to the arrival at the club and told her that Spitzberg

had been removed by security.

At 2130 hours  Notaro finished her act and was leaving the club.  Notaro was outside with a friend  when she saw  Lauren spitzberg walking towards her. Notaro went back inside the club and watched from a window. Spitzberg, her sister, and mother were all outside the club yelling about Spitzberg being removed from the club. Spitzberg stated that R better watch her back and that she knew where she lived   what car she drove. Patrol officers were called and arrived at the scene.

 Affidavit of Notaro- April 29th 2008 - swon on May 5th 2008

 On the night of Tuesday 29th 2008 I performed at the Improv in Hollywood.CA. As I was driving to the club, Lesley Wolff, the promoter for the show called me to inform me that Alisa had been inside the club and had been removed. As I pulled up at 8.PM, I saw Alisa Outside talking to People. I noticed a sherriff   the street, unrelated to the situation, and asked him to see what was going on., to distract alisa, so I could go through the side door.

Brian, the door security informed me that Alisa had announced  to him my license plate number and color/make of car, and warned that she knew where I lived.

  At 9:30 p.m I was informed that Alisa had left, and then I attempted to leave the club. Just as I took a step out of the door I saw Lauren Walking towards the venue.. Feeling unsafe I went back inside. I was informed  that  Alisa, Lauren, and their mother were now all in the front of the club. I was stuck inside the club for two more hours as the three of them verbally attacked performers, patrons, and security.  The police were called and made note of the incident but because my life had not been directly threatened they were unable to take action.  Eventually, the three women left and I was able to go home

 Trancript testimony of Notaro.  April 29,2008- given on May 28th 2008- under penalty of perjury

I WAS PERFORMING AT THE IMPROV IN HOLLYWOOD, AND I SHOWED UP –AND I HAVE INFORMED THE CLUBS WHERE

had been removed by security.

At 2130 hours  Notaro finished her act and was leaving the club.  Notaro was outside with a friend  when she saw  Lauren spitzberg walking towards her. Notaro went back inside the club and watched from a window. Spitzberg, her sister, and mother were all outside the club yelling about Spitzberg being removed from the club. Spitzberg stated that R better watch her back and that she knew where she lived   what car she drove. Patrol officers were called and arrived at the scene.

 Affidavit of  Mathilde tig Notaro- April 29th 2008 - given on April 30th 2008

 On the night of Tuesday 29th 2008 I performed at the Improv in Hollywood.CA. As I was driving to the club, Lesley Wolff, the promoter for the show called me to inform me that Alisa had been inside the club and had been removed. As I pulled up at 8.PM, I saw Alisa Outside talking to People. I noticed a sherriff   the street, unrelated to the situation, and asked him to see what was going on., to distract alisa, so I could go through the side door.

Brian, the door security informed me that Alisa had announced  to him my license plate number and color/make of car, and warned that she knew where I lived.

  At 9:30 p.m I was informed that Alisa had left, and then I attempted to leave the club. Just as I took a step out of the door I saw Lauren Walking towards the venue.. Feeling unsafe I went back inside. I was informed  that  Alisa, Lauren, and their mother were now all in the front of the club. I was stuck inside the club for two more hours as the three of them verbally attacked performers, patrons, and security.  The police were called and made note of the incident but because my life had not been directly threatened they were unable to take action.  Eventually, the three women left and I was able to go home

 Trancript testimony of Notaro.  April 29,2008- Given May 28th 2008 -penalty of perjury

I WAS PERFORMING AT THE IMPROV IN HOLLYWOOD, AND I SHOWED UP –AND I HAVE INFORMED THE CLUBS WHERE I PERFORM ABOUT ALISA AND HER SISTER BECAUSE THEY HAVE SHOWN UP PREVIOUSLY TO  OTHER  VENUES WHERE I HAVE PERFORMED, AND SO THEY KNEW ABOUT THEM.  SO WHEN I WAS ARRIVING TO THE CLUB, THEY CALLED ME TO TELL ME -- THE CLUB CALLED TO TELL ME THAT ALISA WAS THERE AND SHE HAD BEEN REMOVED FROM THE CLUB  SO I SHOWED UP AT THE SHOW; ALISA, HER SISTER, AND THEN HER MOTHER, ALSO SHOWED UP WHILE I WAS PERFORMING AND SPENT TWO HOURS CASING THE PLACE AND MAKING THREATS AND HARRASSING

THE COURT:  WHO DID THEY MAKE THREATS TO?

MS. NOTARO:  PEOPLE WAITING TO GO TO THE SHOW.

THE COURT:  YOU WERE INSIDE PERFORMING?

  MS. NOTARO:  YES.

THE COURT:  YOU ARE TELLING ME THEY ARE OUTSIDE -- THE PEOPLE THAT, I ASSUME, ARE STANDING IN LINETO GET IN -- AND THAT THEY ARE GOING UP TO THESE PEOPLE TO DISCOURAGE THEM FROM SEEING YOU.  IS THAT WHAT YOU ARE SAYING?

  MS. NOTARO:  NO.  THEY WERE SAYING  TOTHESECURITYGUARD

THE COURT:  YES.

  MS. NOTARO:  -- AT THE DOOR, THAT I BETTER WATCHMY BACK, ALL BASED ON OTHER PREVIOUS EVENTS.  THAT'S WH CAN'T -- DIDN'T COME OUT OF THE VENUE.

THE COURT:  THEY ARE TELLING THIS TO THE SECURITY PEOPLE?

MS. NOTARO:  RIGHT, WHO ARE HERE.  I'VE BROUGHT THEM HERE.

THE COURT:  SHE IS ALLEGEDLY SAYING IT TO THIS PERSON BUT NOT TO YOU?

MS. NOTARO:  RIGHT. THE COURT:  OKAY.  I MEAN, WHILE YOU ARE  INSIDE AND YOU ARE DOING YOUR SHOWS. NOTARO: I COULDN'T LEAVE BECAUSE THEY WERE OUT THERE.  BASED ON PREVIOUS SITUATIONS, I DIDN'T WANT TO COME OUT OF THE CLUB  BECAUSE THEY HAD BEEN

AGGRESSIVE AT OTHER VENUES

Notaro statement to martin Boags, Prosecutor in March 2010 about April 29th 2008

The witness was on her way to perform at the Improv in Hollywood. The witness was called by improv employess prior to her arrival and told that defendant was there yelling and screaming regarding Ms. Notaro. The witness managed to avoid Defendant and into the Improv when she arrived, but she could hear defendant yelling. The witness saw Lauren Spitzberg at the location.

The witness heard defendant and her sister utter numerous statement which she percieved as threatening, including, “ She better watch her back,” The witness was advised that defendant stated to others that she knew where she lived and the type of car she drove.  Witnesses to these statements and their conduct included: Nick Kroll and Bryan Whitaker. Defendant was alleged to have been outside the location for approximately 4-5 hours.

LAPD officers Badar(37420) and Montalvo(35357) responded to the scene. The officers determined that defendant and her sister had committed no crime, and left.

.BRIAN WHITAKERS TESTIMONY as to April 29,2008- given on May 28th 2008

THE COURT: OKAY. WHAT DO YOU FOR THE CLUB?
MR. WHITAKER: I'M SECURITY THERE, SIR.
THE COURT: WHICH CLUB.
MR. WHITAKER: THE IMPROV COMEDY CLUB.
THE COURT: DID YOU SEE MS. SPITZBERG AT THE CLUB?
MR. WHITAKER: YES.
THE COURT: WHAT DID SHE SAY TO YOU?

MR. WHITAKER: WELL, IT WAS OVER A COURSE, BELIEVE, OF -- IT'S MORE LIKE TIG WAS THIS WHOLE TIME -- SHE MENTIONED TWO HOURS; IT WAS ACTUALLY MORE LIKE FOUR OR FIVE HOURS. DURING THE ENTIRE NIGHT, SHE SHOWED UP A LEFT AND THEN HAD HER SISTER SHOW UP AND SHE LEFT; THEN THEY ALL THREE CAME BACK; SHE, HER MOTHER -- FIRST, THERE WERE A LOT OF WORDS EXCHANGED, BUT IT STARTED OFF, I SHE CAME OUT FOR A CIGARETTE AND -- I NOTICED HER FROM THE PICTURE I WAS GIVEN AND WARNED OF, SO I -- YOU KNOW, WE HAD BEEN TALKING FOR A LITTLE BIT, HAVING A POLITE CONVERSATION. SHE SEEMED A LITTLE BIT OFF. I CHECKED THE PICTURE BECAUSE THE EYES LOOKED FAMILIAR TO MY PICTURE IN MY POCKET, SHIRT POCKET. I NOTICED IT WAS HER. I ASKED HER IF HER NAMEWAS ALISA. SHE SAID: "HOW DO YOU KNOW?"I SAID, "I'M VERY SORRY YOU CAME. CAN'T ALLOW YOU BACK IN THE CLUB SHE IMMEDIATELY JUST SEEMED TO KNOW WHAT I WAS TALKING ABOUT. HER EYES LIT UP."DID THAT DIKE HAVE ME KICKED OUT OF HERE? I SAID -- I WAS TRYING TO PLAY HER FRIEND I SAID: "YOU KNOW WHAT THEY SAY ABOUT COMICS, THEY CAN BE PREMADONNAS." I WAS TRYING TO KEEP HER OUT IN A PEACEFUL WAY THEY WANTED MONEY BACK FOR THE BEER THEY BOUGHT. I TRIEDTO ARRANGED WITH THE BARTENDER TO GET HER A LITTLE MONEY BACK. AND WHEN I GOT HER MONEY BACK FOR THEM, THEY WENTHER TIP BACK, AND THE BARTENDER WOULD NOT GIVE THE TIP BACK. SHE STARTED TO GET A LITTLE BIT AGITATED AND I ASKED HER TO STAND A LITTLE BIT FURTHER AWAY FROM THE DOO WHICH THEY DID, SHE DID. AND IT WAS STILL -- IT WAS STIL ON A CORDIAL LEVEL. WE WERE TRYING TO KEEP IT PEACEFULL ALL THAT. IT WAS WORKING THEN SHE STARTED BEING -- SHE STARTED TRYING TO BE SUBTLE IN HER INSULTS TOWARDS ME "I UNDERSTAND YOUR POSITION YOU ARE TRYING TO PROTECT YOUR SHITTY I SAID, "YEAH, YOU KNOW HOW IT IS. SHE BASICLY INFORMED ME THEN, SHE SAID:"DON'T WORRY, I KNOW TIG'S CAR. I KNOW THE LICENSE PLATSHE MENTIONED THE MAKE AND LICENSE PLATE ON THECAR. I ONLY REMEMBER TWO NUMBERS IN THE LICENSE PLATE THATSHE MENTIONED. I CLEARED IT WITH TIG LATER AND ASKED W I MET TIG IS THAT HER CAR, IS THAT THE MAKE. SHE SAID, "HOW DID SHE KNOW THIS?" BASICALLY, AFTER THAT, I TOLD HER:YOU ARE NOT GOING -- YOU HAVE TNOT WELCOME HERE." SHE STARTED CALLING ME A DOG. SHE SAID I WASTRYING TO MAKE INSTANT MANAGER. SHE ASKED AROUND INSIDE. SHE FOUND OUT I ONLY MAKE $4.00 AN HOUR THERE. I'M JU THERE TO KISS UP AND, YOU KNOW, TRY TO BE A COMEDIAN WHATEVER. THEN SHE SWITCHED HER STORY. FIVE MINUTES LATER SHE GOT AROUND INSIDE AND FOUND OUT THAT I DON'T GET PAID AT ALL TO BE THERE.