Balancing Act (The Santa Monica Trilogy Book 3) (4 page)

“Nice game.” Zach stripped off his glove and safety glasses.

Mike grunted. “Would have been better without the hangover.”

“Rough night?”

“Thirsty Thursday, down at Seasons 52. You should come sometime. Good crowd, if you know what I mean.”

Zach put away his racquet and shouldered the gym bag. “I’ve been a little busy lately.”

“Oh, that’s right. How’s the lawsuit going?”

“We’re still in discovery.”

Mike followed him to the juice bar in the gym’s atrium. “And how is plaintiff’s counsel?”

“What do you mean?”

“You nail her yet?”

Whatever tension Zach had managed to work out on the racquetball court returned full force. “Excuse me?”

Mike raised his palms in self-defense. “Sorry, I forgot you’re friends with the family. My bad.”

“Jesus, show a little respect, would you? You’re not living in a frat house anymore.”

“I said I was sorry. No need to make a federal case of it.”

Zach took a deep breath. He needed to tone it down. Sure, Mike was an asshole when it came to women. But it had never come between them in the past. Strange that this time Zach was ready to tear into the guy just for assuming that Angie was an easy lay.

How hypocritical was that? Less than three weeks ago, Zach had pretty much accused her of prostituting herself on behalf of her client. He’d meant it in a metaphorical sense, of course. But an insult was an insult, and she hadn’t taken it well at all.

He stepped up to the counter and ordered his usual after-workout smoothie. While they waited for the barista to prepare their orders, a steady stream of women in yoga pants and sports bras filtered through the atrium to line up for the next group fitness class.

Mike sized up each woman as she passed by. “You know, your girl used to work for Baker/Roth.”

Angie wasn’t
his girl
, but Zach let the comment slide. Now that he thought about it, he did recall her mentioning a BigLaw employer during the buyout fiasco four years ago. Since she’d chosen to forgo official channels and handle the negotiations privately, Zach hadn’t paid much attention to it at the time.

“Came to us straight out of law school,” Mike continued. “Didn’t last long, though.”

“Why is that?”

“She was boffing one of the senior partners. It was common knowledge, but everyone was willing to look the other way. At least until the shit hit the fan.”

“What happened?”

“Turned out Kirkpatrick was doing two women at the same time.”

Zach stiffened.
Kirkpatrick
. He should have known. Hadn’t he warned Angie to stay away from the man? The only question was why she was still seeing the bastard after he’d treated her that way. Unless… “Are we talking a ménage?”

“Nah.” Mike laughed. “Though I’d pay good money to see
that
.”

Zach suppressed the impulse to smash his fist into Mike’s face. Luckily, the barista interrupted, letting them know their orders were ready. He took a moment to collect his drink and his emotions. “So you’re saying the guy was cheating on her.”

“Yeah. He was screwing some other associate on the side.”

“Did Angie know about it?”

“Doubt it. At least not until everyone else did.”

Zach could imagine how humiliating that must have been for her. He’d watched his father go through something similar, and wouldn’t wish that kind of experience on anyone. “So what ended up happening?”

“The other woman sued for sexual harassment. Management settled the case, hushed everything up. The woman left, and Angie got her walking papers.”

“You’re kidding me,” Zach said. “They fired her?”

“Relax, man. This happened—what, three, four years ago? Old news.”

Zach forced himself to take a deep breath. “Right. Go on.”

“I wasn’t privy to all the details.” Mike shrugged. “It was before I made partner.”

“What about Kirkpatrick? Did he get reprimanded?”

“What do you think? That man can slog through a mountain of shit and still come out smelling like a rose.”

Zach digested that in silence.

Mike finished his drink. “Well, I’m off. Same time next week?”

“Yeah. Sure.” Zach glanced at his watch. Barely seven a.m. Too early to call her. Besides, what would he say? She’d made it clear she wasn’t interested in his opinion on her personal life.

Even if her choices were obviously idiotic.

He tossed his cup in a nearby trash bin and headed for the showers.

“Objection,” Angie said. “Mischaracterizes earlier testimony.”

Zach tightened his lips. At this rate, they were going to be here all night.

He glanced at Phyllis Callahan, who seemed to be holding up pretty well, considering they’d all been cloistered in an airless conference room since nine this morning.

“Okay, Mrs. Callahan.” He placed a single page document in front of her. “Do you recognize this letter?”

“Yes.”

“Would you mind telling us, for the record, what it says?”

Mrs. Callahan offered a rambling response that required several redirects and additional prompts.

The deposition continued, with a brief break for lunch, until both sides finally ran out of questions.

Zach took his time packing away his files, waiting for the court reporter to leave, and for Angie to usher her client out. He was skimming through email messages when Angie returned to the room.

“So,” he said, glancing up. “You like Chinese?”

“What?”

He slipped the phone into an inner pocket. “There’s a great place on Lindbrook, five minute walk from here. Or we could order in.”

“Unbelievable.” She donned her suit jacket, buttoning it over a V-neck blouse that had distracted him repeatedly through the day. Every time she bent down to extract a folder from her briefcase, or leaned over to hand something across the table, he’d gotten a flash of silky skin and shadowy cleavage. Modest compared to what he was used to, but for some reason completely riveting.

He realized he’d lost track of the conversation when she crossed her arms over her chest and glared at him.

“Sorry.” He rose, adjusting his own jacket to disguise his body’s reaction. “Can you repeat that?”

Her nostrils flared. “I’m up here, Zach.”

“Right.” He blinked and raised his eyes. “So, what are we doing for dinner?”

She dropped her hands. “We’ve got another deposition early tomorrow morning. I suggest we both head home and get some rest.”

“If we head home, I guarantee you won’t get any rest,” he grinned. “But if that’s what you want, I’m game. Your place or mine?”

She shook her head and picked up her briefcase. “I’ll walk you out.”

“Is that a no?”

“Give the man a prize,” she muttered, flipping off the light switch.

Zach followed her out. Her jacket nipped in at the waist and ended just a few inches below. His gaze drifted down to the dark tailored slacks.

He hated to admit it, but Mike was right about one thing. Angie did have a very fine ass.

Funny he hadn’t really noticed before. If not for this case bringing them into such close proximity, Zach probably would have remained oblivious. For all his talk about their family connections, he really hadn’t seen her all that often. Certainly not since the last time they’d clashed over Eva’s settlement.

Too bad she was so hostile. Maybe if he kept pushing, she’d soften up and see reason. It wouldn’t take much. The way she kept looking at him, he could tell that he already had her off balance.

All she needed was some added incentive to convince her to settle this case, break off her affair with Kirkpatrick, and give Zach a chance to show her how a real man treated a woman.

She glanced at him again, and he felt the kick of anticipation. Oh, yeah. He was looking forward to providing that incentive.

Jeannine DeLuca worked in one of the high-rises on Wilshire, just a few blocks from Angie’s office.

Strange to think that all this time, Zach’s old girlfriend had been less than half a mile away. In a neighborhood as pedestrian-friendly as Westwood, where everything was within easy walking distance, that meant they’d probably crossed paths without even realizing it. At the salad bar in Whole Foods, or the corner coffee shop that offered free Wi-Fi, or the local pharmacy that was open 24/7.

In person, the woman was much friendlier than Angie had anticipated. Gorgeous, accomplished,
and
nice. Damn. If this paragon couldn’t hold Zach’s attention longer than six months, what chance did ordinary mortals have?

Once the court reporter showed up, they got down to business. A quick run-through of the rules, then the swearing in, followed by a brief review of Jeannine’s credentials for the record.

“Dr. DeLuca.” Angie slid a document across the table. “Can you identify what this is?”

“It’s a geotechnical report.”

“Commissioned by…?”

“The Santa Monica Planning and Community Development Department.”

“And the subject of the report?”

“A mixed-use project proposed by Stewart & Landry LLC.”

“Who prepared the report?”

“I did.”

“Can you summarize your findings?”

As the woman cataloged the project’s seismic hazards, hydrocollapse potential, and soil analysis, Angie’s attention drifted to Zach. He lounged back, eyes half-closed, elbows resting on the arms of his chair, fingers casually interlaced over his stomach.

Did he still have feelings for his ex-girlfriend? It was hard to read anything in his expression. By the time Angie had arrived for the deposition, he had already been there, laughing and standing way too close to Jeannine.

As if sensing her scrutiny, Zach glanced up. His lips curved into a slow smile. For someone who was likely responsible for some serious conflict of interest violations, he looked way too relaxed.

Angie frowned and turned back to the deponent. “Aside from the things you just mentioned, Dr. DeLuca, did you have any other concerns with the plans proposed by S&L?”

“None that I can think of right now.”

Angie let the silence stretch a bit longer before moving on. “Before you submitted your report to the city, did you discuss its contents with anyone?”

“Yes.”

“With whom?”

“The laboratory technicians who were doing the soil testing. Several of my colleagues who helped put together technical recommendations for building setbacks, groundwater seismic design, erosion control, shoring and internal bracing, that sort of thing.”

“What about anyone outside of your company?”

“One of the architects involved in designing the project. The structural engineer at S&L who had done some of the calculations. The lead agency on the EIR.”

“By EIR you mean the Environment Impact Report that includes your geotechnical study?”

“Yes.”

“Did you discuss your findings with anyone else?”

“I don’t think so.”

“You didn’t discuss it with any friends or family?”

“No.”

“Are you absolutely sure about that?”

“Objection,” Zach said. “Asked and answered.”

Angie backed off. “Who typically retains the services of your company, Dr. DeLuca?”

“We consult for a variety of clients. State and local government agencies, industrial facilities, real estate investors, developers.”

“Did you say developers?”

“Yes.”

“Like Stewart & Landry?”

“Are you asking if they’re developers?”

Angie suppressed a grudging sense of admiration and rephrased the question. “I’m asking if you’ve ever consulted for S&L.”

“No.”

“What about the company you work for? Has the company ever been retained by S&L in any capacity?”

“I don’t know.”

“Are you acquainted with Tom Stewart?”

“Not personally, no.”

“What about Zachary Stewart?”

“Yes.”

“How well do you know Mr. Stewart?”

Jeannine blinked. “I don’t understand the question.”

“Are you and Mr. Stewart casual acquaintances? Good friends? Lovers?”

Jeannine glanced at Zach.

“Objection,” he said. “Relevance.”

“Speaks to bias,” Angie fired back. “Any personal ties Dr. DeLuca may have to the company whose project she’s evaluating poses an inherent conflict of interest.”

For several seconds, the only sound in the room was the tapping of the court reporter’s fingers on her keyboard.

“Dr. DeLuca, I’ll ask you again. What is the nature of your relationship with Zachary Stewart?”

Jeannine hesitated. “We dated.”

“Could you speak up, please?”

She looked at Zach, and at his slight nod, repeated the words more firmly.

“You dated,” Angie said. “I see. And when exactly did you date?”

“A few years ago.”

“Could you be more precise? Was is two years? Five? Eight?”

“Maybe two or three.”

“Two or three years ago. Isn’t that around the time S&L acquired the property that was the subject of your report?”

“Yes.”

“While you were dating Mr. Stewart, did the two of you ever discuss the property or S&L’s plans to develop it?”

“I don’t remember.”

“How long did you and Mr. Stewart date?”

“About six months.”

“And in all that time, you don’t recall ever discussing with Mr. Stewart the multi-million dollar deal that he helped broker?”

“Objection,” Zach said, leaning forward. “Argumentative.”

“Dr. DeLuca, please answer the question,” Angie said. “Did you at any point discuss your job with Mr. Stewart?”

“I don’t remember.”

“Really, Dr. DeLuca? You work how many hours a week?”

“It varies.”

“On average. Twenty hours? Forty? Eighty?”

“Between forty and eighty.”

“So is it fair to say you spend a considerable amount of your time at work?”

“Yes.”

“And the question of how you spend forty to eighty hours a week never came up? Not once, in all the six months you were dating Mr. Stewart?”

“We didn’t exactly spend a lot of time talking.”

Angie kept her attention focused on Jeannine, ignoring Zach’s smirk. “When the city hired your company to do an evaluation of the S&L project, did you tell Mr. Stewart about it?”

“No.”

“How can you be so sure?”

“Because by that time we were no longer dating.”

“So you and Mr. Stewart parted ways. Was it an amicable breakup?”

“Objection. Relevance.”

Angie noted that he was no longer smirking. “Did you and Mr. Stewart remain friends?”

Jeannine shrugged. “Depends on what you mean by friends.”

“Did you maintain any contact with Mr. Stewart after you broke up?”

“Yes.”

“How often did you see or speak with him?”

“I don’t know. I didn’t keep track.”

“Would you say daily? Weekly? Monthly?”

“Less often than that. Maybe a few times a year.”

“When you did talk with him, was there any discussion of the S&L project?”

“No.”

“Did you receive any money or gifts from Mr. Stewart? Anything that might have directly or indirectly influenced your ability to conduct an objective environmental analysis of the S&L project?”

“Objection. Compound question.”

“Six months of dating, Dr. DeLuca, and no gifts?”

Zach shot up. “That’s it. I’m calling the judge.”

“Dr. DeLuca? Anything?”

Jeannine shook her head at Zach and he hesitated before sinking back into his chair.

“I earned a PhD in Civil and Environmental Engineering from Stanford,” she said softly. “Since then, I’ve designed and implemented hundreds of environmental assessments and subsurface investigations for due diligence and liability purposes. I’ve supervised major environmental impact remediation efforts for dozens of clients throughout the state. Believe me, Ms. MacDowell, I’m good at what I do. I take pride in that. I’m sure you feel the same about your work. That’s why I’m not going to take offense at your insinuation that I would allow my personal life to compromise my objectivity or work ethic.”

Wow. Angie stared at her. Jeannine DeLuca had class. Along with brains and beauty. Why would any man willingly give that up? Maybe after seeing her like this, today, Zach was regretting their breakup? Was he even now considering ways of getting Jeannine back into his life and bed?

Angie glanced in his direction, only to find him staring back. Not at Jeannine, his perfect ex-girlfriend, but at Angie.

The woman he’d all but ignored for years, and then had the audacity to liken to a Doberman Pinscher for her tenacity and willingness to fight.

The woman he was driving crazy with provocative statements and heated looks.

She tore her eyes away and cleared her throat. “Thank you, Dr. DeLuca. I have no more questions.”