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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
MINUTES
Tuesday, January 28, 2014
SBERLO, YOEL, TRUSTEE FOR
SBERLO FAMILY TRUST
PLAINTIFF
VS.
YARNG ALTAWAL
DEFENDANT
Present:
Judge: JEROME T. BENSON
Reporter: NONE
Appearing for Plaintiff (s)
Karen Uchiyama
Law Offices of Karen Uchiyama
1441 Baker Street
San Francisco, CA 94115
415-563-9301
Atty for Plaintiff: Yoel Sberlo, Trustee for
Sberlo Family Trust
Department: 624
Case Number: CUD-13-645401
Nature of Cause: Jury Trial
Trial Day: 2
Jury Day: 1
Jury Selection/Jury Sworn
Clerk: ANNIE PASCUAL
Bailiff. NONE
Appearing for Defendant(s):
Mark Hooshmand
Hooshmand Law Group
22 Battery St., Ste. 610
San Francisco, CA 94111
415-318-5709
Atty for Defendants: Yarng
The matter continues from Monday, January 27, 2014.
9:00am Counsel as indicated above are present in open court, off the record. Counsel provides
further documents for the court’s review.
9:15am The court and counsel as indicated above are present in open court, off the record. The
court reviews the statement of the case. The court reviews a discovery matter that plaintiff
Case Number: CUD-13-645401
Case Title: SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG
ALTAWAL et al
-l- Date: January 28, 2014
Form: C01006counsel informs the court regarding incomplete discovery. The court finds the matter severely
delayed and counsel can raise the issue during trial if necessary. The court reminds counsel that
failure to comply with the court’s instructions will lead to sanctions. The court further reviews
proposed voir dire questions and the jury selection process.
9:35am A panel of 70 prospective jurors arrive in the courtroom
9:44am The clerk takes roll. One juror is absent, MICHEAL KOBELT is not present.
9:48am The clerk administers the Acknowledgment and Agreement to Prospective Trial Jurors
Assigned for Voir Dire oath.
9:55am The court, counsel as indicated above, Yarng Altawal, and a panel of 69 prospective
jurors are present in open court, off the record. The court informally addresses the jury and
informs the jury panel of the selection and hardship process.
10:12am The court provides a break for hardship qualified jurors and orders each to return at
11:00am.
10:15am The court commences language hardships.
The court thanks and excuses the following jurors for language:
OK KIM, KAI LAI, TUYET LAM, WAI LAU, ELVINA LI, YUE LI, DAN LIANG,
LONG LY, LINDA TRAN
10:24am The court commences impossibility hardships
The court thanks and excuses the following jurors for impossibility:
MICHAEL CAMPBELL, MARISSA CARTER, FERDINAND DELFIN,
EMERITO ESPIRITU, ANNA FLANAGAN, ADAM GOOSEFF, MISSY MASON,
JUL NIEMER, REINITAS SALAPUDDIN, JOSHUA SCKOLNICK, YOGESH SHARMA,
SEOK TAN, WINNIE TSE, JANINE WILSON
11:03am The court, counsel as indicated above, plaintiff Yoel Sberlo, defendant Yarng Altawal,
and a panel of 45 hardship qualified jurors are present in open court, off the record. The court
briefly informs the jury panel of the jury selection process and instructs the clerk to seat a panel
of 24 hardship qualified jurors.
11:06am The clerk seats a panel of 24 hardship qualified jurors from the Jury Commissioner’s
Randomized Jury List
11:17am The court addresses the jury and presents preliminary instructions
Case Number: CUD-13-645401
Case Title: SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG
ALTAWAL et al
-2- Date: January 28, 2014
Form: C0100611:18am The court presents a statement of the case.
11:20am The court commences preliminary voir dire of the seated panel of 24 hardship qualified
jurors.
11:21am Seated juror number 16 indicates an issue and the court orders a brief conference with
counsel and the juror, off the record.
The court thanks and excuses the following juror for cause
DARYL DUSICH
11:23am The court instructs the clerk to seat the next juror from the Jury Commissioner’s
Randomized Jury List. The clerk seats RYAN MAASKAMP in seat 16. The court invites
counsel to introduce themselves to the jury
11:25am The court resumes preliminary voir dire of the seated panel of 24 hardship qualified
jurors.
11:26am Seated juror number 8 indicates an issue and the court orders a brief conference with
counsel and the juror, off the record.
11:28am The court resumes preliminary voir dire of the seated panel of 24 hardship qualified
jurors.
11:36am Seated juror number 5 indicates an issue and the court orders a brief conference with
counsel and the juror, off the record.
11:42am The court resumes preliminary voir dire of the seated panel of 24 hardship qualified
jurors.
11:58am The court admonishes the jury and orders a lunch recess until 1:15pm.
1:05pm Defendant, plaintiff and 44 hardship qualified jurors begin to arrive in open court, off the
record.
1:15pm Counsel as indicated above, parties and jurors are present in open court, off the record
Juror # 22 informs the clerk of a hardship.
1:21pm The court, counsel as indicated above, parties and jurors are present in open court, off
the record. The clerk informs the court of a potential hardship by seated juror #22. The court
resumes preliminary voir dire of the seated panel of 24 hardship qualified jurors.
Case Number: CUD-13-645401
Case Title: SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG
ALTAWAL et al
-2- Date: January 28, 2014
Form: C010061:58pm The court orders a brief conference with counsel and juror # 22 regarding hardship, off
the record.
The court thanks and excuses the following juror for hardship:
JILLIAN SAETTA
2:02pm The court instructs the clerk to seat the next juror. The clerk seats ALEXANDRA
ANTHONY in seat 22. The court resumes preliminary voir dire.
2:10pm The court orders a brief conference with counsel and seated juror #24, off the record.
2:14pm The court addresses the jury and invites Ms. Uchiyama to commence voir dire of the
seated panel of 24 hardship qualified jurors.
2:18pm The court orders a brief conference with counsel, off the record.
2:19pm All present in open court, off the record. Ms. Uchiyama resumes voir dire of the seated
panel of 24 hardship qualified jurors.
2:42pm Mr. Hooshmand commences voir dire of the seated panel of 24 jurors
2:57pm The court admonishes the jury and orders a brief recess. Juror #11 informs the clerk of a
request for a conference with the court.
3:14pm All present in open court, off the record. Mr. Hooshmand resumes voir dire of the seated
panel of 24 hardship qualified jurors. The clerk informs the court of Juror #11’s request
3:15pm Voir dire concludes. The court orders a brief conference with counsel and juror #11, off
the record.
3:18pm All present in open court, off the record
The court thanks and excuses the following juror for hardship:
THERESE DEBAUN
The court instructs the clerk to seat the next juror. The clerk seats HEIDI GOLDMAN in seat
#11.
3:20pm The court commences preliminary voir dire of the newly seated juror.
3:21pm Ms. Uchiyama commences voir dire of the newly seated juror.
Case Number: CUD-13-645401
Case Title: SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG
ALTAWAL et al
-3- Date: January 28, 2014
Form: C010063:22pm Mr. Hooshmand commences voir dire of the newly seated juror.
3:23pm Voir dire concludes. The court orders a brief conference with counsel, off the record.
3:26pm All present in open court, off the record. The court addresses counsel and finds both
counsel pass for cause.
3:27pm The court addresses the jury and commences hearing of peremptory challenges.
The court thanks and excuses on plaintiff's peremptory challenges:
SUSAN GOLDRICK, LING BUSCHE, SUSAN MORTELL, JUSTIN BEAVER
The court thanks and excuses on defendat’s peremptory challenges
JUDITH WONG, MICHAEL ROBINSON, FREDA CHOI, JAMES JACOBS
3:38pm Both counsels pass. A panel of 12 jurors is reached. The court addresses the jury and
provides the seated panel of 12 jurors one last opportunity to speak to the court. None presented.
The court orders a brief conference with counsel, off the record.
3:41pm All present in open court, off the record. The court informs the jury that counsel has
reached a stipulation that the alternate jurors will be seated jurors #21 and #22. The court
addresses the alternate jurors and provides each one last opportunity to speak to the court. None
presented
3:42pm The court instructs the clerk to administer the Acknowledgement and Agreement to
Jurors and Alternate Jurors Finally Selected to Try the Cause oath.
The following twelve jurors are sworn to try the cause
1, JENNIFER GOMEZ 2. LAWRENCE LYON 3. STANLEY ILABAN
4. MIKHAIL LYUBARSKITY _| 5. RYAN MAASKAMP 6. JUSTIN MEYER
7, ELYSE PUTMAN 8. ALBERTO WY 9, ALBERT HILL
10. MARK BRADIN 11. HEIDI GOLDMAN 12. SUSAN KALIAN
The following two jurors are sworn as alternate jurors to try the cause
[ Alt. 1. ALEXANDRA ANTHONY, | Alt. 2. FATIMA ZAMBRANOSALTOS
3:44pm The court addresses the remaining jurors that were not reached and thanks and excuses
each of them for their service.
3:46pm The court presents preliminary instructions.
Case Number: CUD-13-645401
Case Title: SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG
ALTAWAL et al
-4- Date: January 28, 2014
Form: C010064:01pm The court concludes instructions and orders a brief conference with counsel, off the
record.
4:03pm All present in open court, off the record. The court continues the matter to Wednesday,
January 29, 2013 in Dept. 624 at 9:00am.
4:09pm Outside the presence of the jury, the court invites counsel to bring up any further issues
in the matter, off the record. The court hears the argument of counsel regarding witness
statements, discovery, and a court certified interpreter.
4:22pm The court continues the matter to Wednesday, January 29, 2013 in Dept. 624 at 9:00am.
Case Number: CUD-13-645401
Case Title: SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG
ALTAWAL et al
-5- Date: January 28, 2014
Form: C01006
Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO MINUTES Tuesday, January 28, 2014 SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST PLAINTIFF VS. YARNG ALTAWAL DEFENDANT Present: Judge: JEROME T. BENSON Reporter: NONE Appearing for Plaintiff (s) Karen Uchiyama Law Offices of Karen Uchiyama 1441 Baker Street San Francisco, CA 94115 415-563-9301 Atty for Plaintiff: Yoel Sberlo, Trustee for Sberlo Family Trust Department: 624 Case Number: CUD-13-645401 Nature of Cause: Jury Trial Trial Day: 2 Jury Day: 1 Jury Selection/Jury Sworn Clerk: ANNIE PASCUAL Bailiff. NONE Appearing for Defendant(s): Mark Hooshmand Hooshmand Law Group 22 Battery St., Ste. 610 San Francisco, CA 94111 415-318-5709 Atty for Defendants: Yarng The matter continues from Monday, January 27, 2014. 9:00am Counsel as indicated above are present in open court, off the record. Counsel provides further documents for the court’s review. 9:15am The court and counsel as indicated above are present in open court, off the record. The court reviews the statement of the case. The court reviews a discovery matter that plaintiff Case Number: CUD-13-645401 Case Title: SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG ALTAWAL et al -l- Date: January 28, 2014 Form: C01006counsel informs the court regarding incomplete discovery. The court finds the matter severely delayed and counsel can raise the issue during trial if necessary. The court reminds counsel that failure to comply with the court’s instructions will lead to sanctions. The court further reviews proposed voir dire questions and the jury selection process. 9:35am A panel of 70 prospective jurors arrive in the courtroom 9:44am The clerk takes roll. One juror is absent, MICHEAL KOBELT is not present. 9:48am The clerk administers the Acknowledgment and Agreement to Prospective Trial Jurors Assigned for Voir Dire oath. 9:55am The court, counsel as indicated above, Yarng Altawal, and a panel of 69 prospective jurors are present in open court, off the record. The court informally addresses the jury and informs the jury panel of the selection and hardship process. 10:12am The court provides a break for hardship qualified jurors and orders each to return at 11:00am. 10:15am The court commences language hardships. The court thanks and excuses the following jurors for language: OK KIM, KAI LAI, TUYET LAM, WAI LAU, ELVINA LI, YUE LI, DAN LIANG, LONG LY, LINDA TRAN 10:24am The court commences impossibility hardships The court thanks and excuses the following jurors for impossibility: MICHAEL CAMPBELL, MARISSA CARTER, FERDINAND DELFIN, EMERITO ESPIRITU, ANNA FLANAGAN, ADAM GOOSEFF, MISSY MASON, JUL NIEMER, REINITAS SALAPUDDIN, JOSHUA SCKOLNICK, YOGESH SHARMA, SEOK TAN, WINNIE TSE, JANINE WILSON 11:03am The court, counsel as indicated above, plaintiff Yoel Sberlo, defendant Yarng Altawal, and a panel of 45 hardship qualified jurors are present in open court, off the record. The court briefly informs the jury panel of the jury selection process and instructs the clerk to seat a panel of 24 hardship qualified jurors. 11:06am The clerk seats a panel of 24 hardship qualified jurors from the Jury Commissioner’s Randomized Jury List 11:17am The court addresses the jury and presents preliminary instructions Case Number: CUD-13-645401 Case Title: SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG ALTAWAL et al -2- Date: January 28, 2014 Form: C0100611:18am The court presents a statement of the case. 11:20am The court commences preliminary voir dire of the seated panel of 24 hardship qualified jurors. 11:21am Seated juror number 16 indicates an issue and the court orders a brief conference with counsel and the juror, off the record. The court thanks and excuses the following juror for cause DARYL DUSICH 11:23am The court instructs the clerk to seat the next juror from the Jury Commissioner’s Randomized Jury List. The clerk seats RYAN MAASKAMP in seat 16. The court invites counsel to introduce themselves to the jury 11:25am The court resumes preliminary voir dire of the seated panel of 24 hardship qualified jurors. 11:26am Seated juror number 8 indicates an issue and the court orders a brief conference with counsel and the juror, off the record. 11:28am The court resumes preliminary voir dire of the seated panel of 24 hardship qualified jurors. 11:36am Seated juror number 5 indicates an issue and the court orders a brief conference with counsel and the juror, off the record. 11:42am The court resumes preliminary voir dire of the seated panel of 24 hardship qualified jurors. 11:58am The court admonishes the jury and orders a lunch recess until 1:15pm. 1:05pm Defendant, plaintiff and 44 hardship qualified jurors begin to arrive in open court, off the record. 1:15pm Counsel as indicated above, parties and jurors are present in open court, off the record Juror # 22 informs the clerk of a hardship. 1:21pm The court, counsel as indicated above, parties and jurors are present in open court, off the record. The clerk informs the court of a potential hardship by seated juror #22. The court resumes preliminary voir dire of the seated panel of 24 hardship qualified jurors. Case Number: CUD-13-645401 Case Title: SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG ALTAWAL et al -2- Date: January 28, 2014 Form: C010061:58pm The court orders a brief conference with counsel and juror # 22 regarding hardship, off the record. The court thanks and excuses the following juror for hardship: JILLIAN SAETTA 2:02pm The court instructs the clerk to seat the next juror. The clerk seats ALEXANDRA ANTHONY in seat 22. The court resumes preliminary voir dire. 2:10pm The court orders a brief conference with counsel and seated juror #24, off the record. 2:14pm The court addresses the jury and invites Ms. Uchiyama to commence voir dire of the seated panel of 24 hardship qualified jurors. 2:18pm The court orders a brief conference with counsel, off the record. 2:19pm All present in open court, off the record. Ms. Uchiyama resumes voir dire of the seated panel of 24 hardship qualified jurors. 2:42pm Mr. Hooshmand commences voir dire of the seated panel of 24 jurors 2:57pm The court admonishes the jury and orders a brief recess. Juror #11 informs the clerk of a request for a conference with the court. 3:14pm All present in open court, off the record. Mr. Hooshmand resumes voir dire of the seated panel of 24 hardship qualified jurors. The clerk informs the court of Juror #11’s request 3:15pm Voir dire concludes. The court orders a brief conference with counsel and juror #11, off the record. 3:18pm All present in open court, off the record The court thanks and excuses the following juror for hardship: THERESE DEBAUN The court instructs the clerk to seat the next juror. The clerk seats HEIDI GOLDMAN in seat #11. 3:20pm The court commences preliminary voir dire of the newly seated juror. 3:21pm Ms. Uchiyama commences voir dire of the newly seated juror. Case Number: CUD-13-645401 Case Title: SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG ALTAWAL et al -3- Date: January 28, 2014 Form: C010063:22pm Mr. Hooshmand commences voir dire of the newly seated juror. 3:23pm Voir dire concludes. The court orders a brief conference with counsel, off the record. 3:26pm All present in open court, off the record. The court addresses counsel and finds both counsel pass for cause. 3:27pm The court addresses the jury and commences hearing of peremptory challenges. The court thanks and excuses on plaintiff's peremptory challenges: SUSAN GOLDRICK, LING BUSCHE, SUSAN MORTELL, JUSTIN BEAVER The court thanks and excuses on defendat’s peremptory challenges JUDITH WONG, MICHAEL ROBINSON, FREDA CHOI, JAMES JACOBS 3:38pm Both counsels pass. A panel of 12 jurors is reached. The court addresses the jury and provides the seated panel of 12 jurors one last opportunity to speak to the court. None presented. The court orders a brief conference with counsel, off the record. 3:41pm All present in open court, off the record. The court informs the jury that counsel has reached a stipulation that the alternate jurors will be seated jurors #21 and #22. The court addresses the alternate jurors and provides each one last opportunity to speak to the court. None presented 3:42pm The court instructs the clerk to administer the Acknowledgement and Agreement to Jurors and Alternate Jurors Finally Selected to Try the Cause oath. The following twelve jurors are sworn to try the cause 1, JENNIFER GOMEZ 2. LAWRENCE LYON 3. STANLEY ILABAN 4. MIKHAIL LYUBARSKITY _| 5. RYAN MAASKAMP 6. JUSTIN MEYER 7, ELYSE PUTMAN 8. ALBERTO WY 9, ALBERT HILL 10. MARK BRADIN 11. HEIDI GOLDMAN 12. SUSAN KALIAN The following two jurors are sworn as alternate jurors to try the cause [ Alt. 1. ALEXANDRA ANTHONY, | Alt. 2. FATIMA ZAMBRANOSALTOS 3:44pm The court addresses the remaining jurors that were not reached and thanks and excuses each of them for their service. 3:46pm The court presents preliminary instructions. Case Number: CUD-13-645401 Case Title: SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG ALTAWAL et al -4- Date: January 28, 2014 Form: C010064:01pm The court concludes instructions and orders a brief conference with counsel, off the record. 4:03pm All present in open court, off the record. The court continues the matter to Wednesday, January 29, 2013 in Dept. 624 at 9:00am. 4:09pm Outside the presence of the jury, the court invites counsel to bring up any further issues in the matter, off the record. The court hears the argument of counsel regarding witness statements, discovery, and a court certified interpreter. 4:22pm The court continues the matter to Wednesday, January 29, 2013 in Dept. 624 at 9:00am. Case Number: CUD-13-645401 Case Title: SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG ALTAWAL et al -5- Date: January 28, 2014 Form: C01006