Document for IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al

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                                SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

MINUTES

Monday, May 18, 2015
IDA CHRISTINA FUA CRUZ
PLAINTIFF
VS.

JOEL ENRIQUE ANDINO SANCHEZ
et al

DEFENDANT

Present:

Judge: GARRETT L. WONG
Reporter: Mary Jackson, CSR 8688
209-993-8329; mjacksoncsr@gmail.com

Appearing for Plaintiff (s):

Todd P. Emanuel, Esq.

Deirdre O'Reilly Marblestone, Esq.
EMANUEL LAW GROUP

702 Marshall Street, Suite 400
Redwood City, CA 94063
650-369-8900

todd@teinjurylaw.com
Attys for Plaintiff Ida Cristina Cruz Fua

D. Douglas Shureen, Esq.
McMILLAN & SHUREEN LLP

50 Santa Rosa Avenue, Suite 200
Santa Rosa, CA 95404
707-525-5400
doug.shureen@memillianshureen.com

Atty for Defendant and Cross-Complainant Joel
Enrique Andino Sanchez

ase Number: -11-:

Department: 608

Lead Case Number: CGC-11-515542
(Consolidated with case nos.
529705 and 519794)

Nature of Cause: JURY TRIAL
Personal Injury — Vehicle Related

Trial Day - 10 — Opening Statements;
Plaintiff's Case Commences

Jury Day — 4

Clerk: VICKI MACK
Bailiff: None

Appearing for Defendant(s)

Colin C. Munro, Esq.

Christopher J. Weber, Esq.

CARLSON, CALLADINE & PETERSON LLP
353 Sacramento Street, 16" Floor

San Francisco, CA 94111

415-391-3911

eweber@ccplaw.com

Attys for Defendants Taxi Equipment Leasing
LLC, and Yellow Cab Cooperative, Inc.

Robert S. Aaron, Esq. — not present
AARON & WILSON, LLP

150 Post Street, Suite 400

San Francisco, CA 94108
415-438-7800

rsaaron@aaron-wilson.com

Atty for Defendants/Cross-Defendants Taxi
Property Co., Inc.; Wolley, LLC; James Gillespie:
Hal Mellegard: Nick Olsen; Pamela Martinez;
Richard Wiener and Steven Reimers

Case Title: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al

Date: May 18, 2015
Form: C0100009:30am The trial is continued from Thursday, May 14, 2015. The clerk receives telephone
calls from jurors informing the court of delays on Muni.

09:52am The court, counsel as indicated above, all twelve jurors and four alternates are present
in open court, on the record. Counsel states their appearances.

The court delivers its preliminary instructions to the jury.

10:14am Instructions conclude. Mr. Emanuel commences presentation of plaintiff's opening
statement.

11:08am The court declares a morning recess.

11:25am All are present in open court, on the record. Mr. Shureen commences presentation of
defendant and cross-complainant Joel Enrique Andino Sanchez’s opening statement

11:55am The court declares a lunch recess.

01:32pm All are present in open court, on the record. Mr. Munro commences defendants Taxi
Equipment Leasing LLC, and Yellow Cab Cooperative, Inc’s opening statement

02:18pm Opening statements conclude. The court admonishes the jury and declares a recess.
02:35pm All are present in open court, on the record. Dr. DENNIS FUA is called to testify on
behalf of the plaintiff. The clerk administers the oath. Direct examination by Mr. Emanuel

commences.

Plaintiff identifies the following exhibits:

Exh. no. 1-B Photo - Ida as Toddler ID/EVID
Exh. no. 1-E Photo - Ida as Teenager in Tennis Outfit ID/EVID
Exh. no. 1-F Photo - Ida as Teenager Ice Skating ID/EVID
Exh. no. 1-G__| Photo - Ida Skiing ID/EVID
Exh. no, 1-I Photo - Ida golfing ID/EVID
Exh. no. 1-H Photo - Ida as Teenager with Driver's Permit ID/EVID
Exh. no. 1-J Photo - Ida in Law School Graduation Cap and Gown ID/EVID
Exh. no. 1-K Photo - Ida Outside Law School Graduation Ceremony ID/EVID
Exh. no. 1-L Photo - Ida with Father at Law School Graduation ID/EVID
Exh. no. 1-P Photo - Ida with Dennis Fua ID/EVID
Exh. no. 3-C Photo - Ida with rehab team ID/EVID
Exh. no. 3-G Photo - Ida's head after skull flap replacement ID/EVID
Exh. no. 32 DMV Order of Set Aside or Reinstatement 2014 - restricted | ID/EVID
license By Stipulation

Case Number: CGC-11-515542
Case Title: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al
-2- Date: May 18, 2015
Form: C0100003:42pm The court declares a recess.

04:06pm All are present in open court, on the record. The court directs juror no. 2, Sandra Goff,
and juror no. 10, Ellen Wong, to remain in the courtroom and orders all other jurors to return on
Tuesday, May 19, 2015 at 9:30AM in Dept. 608 for further trial.

The court conducts an inquiry to each juror separately as to notes received regarding scheduling
conflicts.

04:18pm The court and counsel confer off the record regarding the juror scheduling information
received.

04:22pm The court informs counsel that it will be conducting further research regarding the past
medical expenses issue and hears further argument from Mr. Munro and Mr. Shureen.

The following 2 plaintiffs exhibits are received into evidence

Exh. no. 1-C Photo - Ida as Child Ballet Outfit EVID

Exh. no. 1-D Photo - Ida as Child Karate EVID

Plaintiff’s Exhibit nos. 1-B through 1-L, inclusive, and Exhibit no. 1-P are Admitted into
Evidence.

04:27pm Mr. Emanuel places plaintiffs objections on the record regarding defense counsel
acting in unison during the jury selection peremptory challenge phase, and if he were given the
corresponding number of challenges, would have excused 4 jurors now impaneled.

04:30pm The trial is continued to Tuesday, May 19, 2015 at 9:30AM in Dept. 608, for further
trial. Court is adjourned.

Case Number: CGC-11-515542
Case Title: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al
-3- Date: May 18, 2015
Form: C01000