Preview
ROB BONTA
Attorney General of Califomia
2 KRISTIN M . DAILY
Supervising Deputy Attomey General
3 JAMES F. CURRAN FflLEO/E^OOeSEO
Deputy Attorney General
4 State Bar No. 142041 NOV 1 6 2022
1300 I Street, Suite 125
5 P.O. Box 944255
Sacramento, CA 94244-2550 By; M. \''.':.'inf1nr
Deputy Ci'erk
6 Telephone: (916)210-6113
Fax: (916) 324-5567
7 E-mail: James.Curran@doj.ca.gov
Attorneys for Defendant
8 California Highway Patrol
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SACRAMENTO
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DAVID RIDGE, Case No. 34-2019-00265393
14
Plaintiff, DECLARATION OF JAMES F. CURRAN
15 IN SUPPORT OF DEFENDANT
CALIFORNIA HIGHWAY PATROL'S
16 OPPOSITION TO PLAINTIFF'S
MOTION FOR P R O T E C T I V E ORDER
17 T H E CALIFORNIA HIGHWAY PATROL; TERMINATING PLAINTIFF'S
and DOES 1-100, inclusive. DEPOSITION AND REQUEST FOR
18 SANCTIONS
Defendants.
19 Date: December 1, 2022
Time: 1:30 PM
20 Dept: 53
Judge: Hon: Richard K.. Sueyoshi
21 Trial Date: April 3, 2023
Action Filed: September 23, 2019
22
23 1, James F. Curran, declare as follows:
24 1. 1 am an attomey licensed to practice law in all courts of the State of Califomia. I am a
25 Deputy Attomey General and counsel of record for Defendant Califomia Highway Patrol (CHP)
26 in this case. 1 have engaged in "meet-and-confer" communications with Plaintiffs counsel, John
27 Briscoe and Ali Hashemi, of Mayall Hurley, PC, concerning the issues presented by this motion.
28
Declaration of Curran in Support of CHP's Opposition to Plaintiffs Motion for Protective Order (34-2019-
00265393)
1 I have also taken 2.5 sessions of Plaintiff s deposition. 1 therefore have personal knowledge of
2 the matters described below, and could competently testify to their truth if called upon to do so.
3 2 Attached as Exhibit 1 is a true and correct copy of the condensed transcript of the first
4 session of Plaintiff s deposition, taken on August 12, 2022. Mayall lavy-firm Associate Attomey
I I M •) • •
5 Ali Hashemi defended this session of the deposition. This session of the, deposition took place
' ' 1 i ' ' ' i
6 between 9:30 a.m. and approximately 5:00 p.m., with the normal breaks. 1
\ •• I
7 3. Attached as Exhibit 2 is a true and correct copy of the condensed transcript of the second
8 session of Plaintiff s deposition, taken on August 19, 2022. Mayall law firm Attomey John
9 Briscoe defended this session of the deposition. This session of the deposition took place
10 between 9:30 a.m. and approximately 5:00 p.m., with,the normal breaks.
11 4. Attached as Exhibit 3 is a true and correct copy of the condensed transcript of the third
12 session of Plaintiff s deposition, taken on October 7, 2022. Mr. Hashemi defended this session of
13 the deposition. Mr. Hashemi unilaterally terminated this session of the deposition after four hours
14 of questioning. He and the undersigned determihedihow much questioning had taken place '
15 during this third session of the deposition by periodically asking the videographer, whose
16 equipment reflected the hours and minutes of on-the-record testimony that day, how much time'
17 had been consumed by questioning during the third session.
18 5. On August 26 and September 9, 2022,,, I informed Plaintifl^s counsel that I believe CHP
19 can finish Plaintiffs session in one or two additional sessions. A true and correct copy of the
20 emails in which I did so is attached as Exhibit 4.
21 6. 1 believe I can finish Plaintiff s deposition in one additional session.
22 7. CHP has agreed to restrict the time period for the Kay Williams subpoena of records to
23 January 1, 2018 to the present. Still, Plaintiff refuses to sign the release unless it is restricted to
24 treatment records for emotional distress caused by CHP.
25 8. I have spent in excess of two (2) hours preparing this opposition to Plaintiff s motion for
26 a protective order terminating Plaintiffs deposition and my supporting declaration. The
27 Employment and Administrative Mandate Section of the California Attorney General's Office, to
28 which I am assigned, charges its client agencies, including CHP, $220 per hour for legal services.
• • 2 ,
Declaration of Curran in Support of CHP's Opposition to Plaintiff s Motion for Protective Order (34-2019-
. ! 00265393)
I ,; • i ' • I •
1 I respectfully submit this is a reasonable and less than customary charge for these services. 1
2 anticipate I will spend approximately two (2) additional hours reviewing Plaintiffs reply to
3 CFLP's opposition to this motion, and preparing for and attending the hearing on this motion.
4 Therefore, I anticipate CHP will incur attorney fees of at least $880.00 for the preparation of this
5 opposition and for oral argument.
'I
6 I declare under penalty of perjury under the laws of the State of California that the
7 foregoing is correct. Executed on November 16, 2022 in Sacramento, California.
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Declaration of Curran in Support of CHP's Opposition to Plaintiffs Motion for Protective Order (34-2019-
' 00265393)
EXHIBIT 1
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SACRAMENTO
-oOo-
DAVID RIDGE,
Plaintiff,
vs . Case No.
34-2019-00265393
THE CALIFORNIA HIGHWAY PATROL;
and DOES 1-100, i n c l u s i v e ,
Defendants.
REMOTE VIDEO DEPOSITION. OF DAVID RIDGE
F r i d a y , August 12, 2022
9:39 a.m. pi! 51:05! p.m.
V i a Zoom V i d e o c o n f e r e n c e
R e p o r t e d Remotely By: P a t r i c i a R o s i n s k i , CSR No. 4555
David Ridge August 12, 2022
A P P E A R A N C E S INDEX OF EXHIBITS
FOR THE PLAINTIFF:
DEPOSmOI OF DAVID RIDGE
MAYALL HURLEY PC
By; A L I HASHEMI
' Friday, August 12, 2022
A t t o r n e y a t Law
2453 Grand Canal B o u l e v a r d DEFENDANT'S EXHIBITS MARKED PAGE
Stockton, C a l i f o r n i a 95207 EXHIBIT 1 Right-to-Sue Letter 16
209.477.3833 (2 pages)
7 ahashemiomayallaw.com
8
EXHIBIT 2 Notice of Personnel Action 65
9 FOR THE DEFENDANT:
STATE OF CALIFORNIA
9. (2 pages)
10
OFFICE OF THE ATTORNEY GENERAL 10 EXHIBIT 3 • Service Record with Photograph 67
By: JAMES F. CURRAN (1 page)
Deputy A t t o r n e y G e n e r a l
1300 I S t r e e t , S u i t e 125 EXHIBIT 4 Plaintiff Ridge's Response to 214
Sacramento, C a l i f o r n i a 95814 Enployment Law Fom Interrogatories,
916.324.5567
Set One
j amea.curran®doj.ca.gov
(16 pages)
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ALSO PRESENT:
Mateo T o r r e s , L e g a l v i d e o g r a p h e r
n
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Page 2 Page 4
1 INDEX OF E X A M I N A T I O N S 1 INDEX
2 2
3 DEPOSITICM OF DAVID RIDGE 3 TRANSCRIPT
TRANSa MARKED AT THE REQUEST OF COUNSEL
4 Friday, August 12, 2022 4
5 5 PAGE LINE
6 EXAMINATION BY PAGE .6 36 24
7 MR. CURRAN 7 38 9, 16
8 199 4, 22
9 AFTERNOCW SESSION 108 9 200 5, 14
10 10 202 3, 8
11 11 • • 203' ' 18
12 12 204 5, 18
13 13 206 2, 7, 14
14 14 • 207. 12
15 IS"; • 208 • 3,4
16 16 • . 209 : 25
17 17 •210 • 6, 8,
18 -oOo- 18 211 : 17
19 19 212 . 2, 23
20 20 213 . 6
21 21 215 2
22 22
23 23
24 24
25 25
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David Ridge August 12, 2022
INDEX 1 video-record.
:,2 Would a l l counsel present please state
QUESTIOJS INSTRUCTED NOTTOANSWER PAGE LINE
And with \«tan did you undergo treatment? 36 15 3 their appearance.
So, Mr. — sorry. Officer Ridge, you saw 206 1 •;4 MR. CURRAN: I ' l l go f i r s t . I'm Deputy
Kay Williams. You said there were soiiB
nHrriage problems that, in addition to 5 Attomey General James Curran representing Defendant
PTSD, led you to see her. I don't want to 6 Califomia Highway Patrol.
pry into this too much, but what were the
nature of the marital problems that led you 7 MR. HASHEMI: I am A l i Hashemi. I am
to see Kay Williams, the marriage and p representing Plaintiff David Bridge.
•
family therapist? 9 • THE VIDEOGRAPHER: Will the court reporter
9
Let's focus in on the conversations that 208 2 10 please swear in the witness.
10 you had with Kay Williams in 2020. For 11 (Oath administered.')
what did you receive therapy with
11 Kay Williams in 2020? 12 EXAMINATION BY MR. CURRAN
12 And I'm not going to Iceep you here much 212 11 13 MR. CURRAN: Q. Officer Ridge, I
longer. We're going to cover this more in
13 the next session of deposition, but what 14 introduced myself on the record, and I just wanted
marital problems during this 2018 to 2020 15 to say -- well, f i r s t of a l l , let me make sure, are
14 period were you eiqjeriencing?
What personal life-related stressors were 212 22
16 you hearing me ol^ay?
15
you seeing Kay Williams for during this 17 A. Yes.
16 2018 to 2020 period?
18 Q. And have you been -- are you a veteran now
17 What problems related to your children were 213 5
you seeing Kay Williams for during this 19 of several or a bunch of Zoom conferences?
18 tirre period of 2018 to 2020? 20 A. Yes.
19
20 21 Q. Okay. Great.
-oOo- 22 Before I start asking you questions about
21
22 23 this lawsuit, I just wanted to say thank you for
23 24 keeping us safe, for working this many years for the
24
25 highway patrol.
25
Page 6 1 .Page 8
1 Friday, August 12, 2022 9:39 a.m. 1 I've lived in Sacramento -- moved here in
2 ---oOo- — 2 '92 and lived out in Fair Oaks and was on 50 a l l the
3 DAVID RIDGE, 3 time when you were in the Placerville area office.
4 having been duly sworn by the Certified 4 So I appreciate you keeping me and family safe.
5 Shortliand Reporter to t e l l the truth, the 5 And my understanding is, and I ' l l ask you .
6 whole tmth, and nothing but the truth, 6 about this later, that you're back working the rocid
7 testified as follows: 7 and putting your life in danger every day, so I want
8 ---oOo--- 8 you to know that ncibody takes that lightly, and I
9 PROCEEDINGS 9 certainly do not.
10 THE VIDEOGRAPHER: Good moming, my name is 10 We're here in this deposition because of
11 Mateo Torres. I'm your videographer, and I 11 the lawsuit, as you. know. ...
12 represent Imagine Reporting. I am not financially 12 And i f at any point you need to take a
13 interested in this action, nor am I a relative or an 13 break, or you think I'm asking you something that's
14 employee. 14 unfair, your lawyer will, of course, object i f that
15 This begins Video Number 1 of Plaintiff 15 happens or i f he thinks that an objection is proper,
16 David Ridge in the matter of David Ridge versus the • 16 but I want you to feel free to tell me you don!t
17 Califomia Highway Patrol. The case number is 17 understand the question, ask me to rephrase i t i f
18 34-2019-00265393. 18 need be, and we don't want you answering any
19 This is a l l via Zoom on today's date, 19 questions unless you feel 100 percent confident that
20 August 12th, 2022, at approximately 9:40 a.m., 20 you understand them.
21 Pacific Standard. 21 Does all that make sense to you, sir?
22 ' The.court reporter today is 22 - A.- Yes. Thank you.
23 Patricia Rosinslci. 23 Q.' I'm not going to go over all the
24 This deposition is being recorded at a l l 24 adnonitions and instructions and -- about the
25 times unless a l l counsel agree to go on and off the 25 deposition process because I'm 100 percent certain
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David Ridge August 12, 2022
1 that your lawyer has gone over them with you. 1 Q. And so you have been sworn i n before over a
2 Let me -- let me ask Ali, is John Briscoe 2 hundred times, true?
3 i n t r i a l right now, Ali? 3 A. , Yes. •• •
4 MR. HASHEMI: Yes, he had a scheduling 4 j Q. And you understand that when you are sworn
5 conflict, so -- 5 in, what you say subjects you potentially to the
6 MR. CURRAN: A l l right. 6 penalty of perjury i f you were to not t e l l the
7 MR. HASHEMI: -- I'm here and -- 7 truth.
8 MR. CURRAN: Okay, no problem. 8 You understand a l l that, right?
9 Q. So, obviously, Mr. Ridge, Mr. Hashemi i s 9 ' A. Yes.
10 your attorney for today's deposition. 10 Q. And do you take your oath very seriously
11 And one of the fundamentals that I'm sure 11 when you.are sworn in?
12 he went over with you, or Mr. Briscoe did -- oh, 12 A. I always have, yes.
13 and, for the record, John Briscoe i s the lawyer from 13 ' Q. Do you understand that today -- excuse me.
14 the Mayall Law Firm who i s i n charge, at least my 14 Do you understand that today you have been
15 understanding, of day-to-day handling of the case. 15 sworn i n by the court reporter vbo i s acting as an
16 So I'm sure he's told you that i f I ask you 16 officer of the court, just the way a b a i l i f f or a
17 something -- I ask you a question and the only 17 judge would act i n a courtroom, and that you are
18 source of your knowledge to respond to i t i s a 18 under the same obligation to t e l l the truth having
19 conversation you had with a lawyer, so that includes 19 been sworn i n as you would be i f you were testifying
20 Mr. Hashemi, Mr. Briscoe, any of the workers' 20 i n a courtroom i n a' c i v i l or criminal trial?
21 conpensation lawyers that have represented you i n 21 A. I do.
22 the past, i f you would have to talk about what you 22 Q. The long way of saying is -- well, let me
23 leamed by discussing things with your lawyer, just 23 try again.
24 let us know that and don't divulge that infonnation 24 We'll skip that!
25 because that's attorney-client privileged 25 My next question - -
Page 10 • •' Page 12
1 information. 1 A. I understood.
2 Does that make sense to you, sir? 2 Q. Yes.
3 A. Yes. 3 I s there any reason v*y we cannot go
4 Q. Have you ever given a deposition before? 4 forward today; for example, are you feeling i l l or
5 A. Yes. 5 excessively tired?
6 Q. How many depositions have you given? 6 A. No.
7 A. In my recollection, one prior. 7 Q.' Is there anything that is going to prevent
8 Q. And i n vdiat type of case was that 8 you from going to approximately 5 p.m. today with
9 deposition? 9 breaks and a lunch break?
10 A. To the best of my recollection, i t was -- 10 ... A.. No. . .• .• .
11 i t was a traffic accident versus either a city or 11 Q. A couple of the deposition fundamentals
12 county entity, possibly a state entity. 12 that are is^tortant are the following: Instead of
13 Q. And you came upon the scene after the 13 saying "uh-huh" or "hu-huh," we need you to say
14 accident, after being called by dispatch? 14 ;"yes° or "no" just to make the written record more
15 A. Right, as I recall. 15 • clear.
16 Q. Got i t . 16 Does that make sense?
17 So you were not a party to the lawsuit; you 17 •• ": A. Yes, i f does. • ..
18 were a witness? 18 Q: Back to that previous deposition you gave,
19 A. Correct. 19 did you ever review.the written transcript of your
20 Q. I imagine you testified i n court a lot, but 20 deposition?
21 let me just ask you, have you testified i n court? 21 A." I don't' recall.
22 A. Yes. 22 Q. Have you ever looked at a deposition
23 Q. Do you have any estimate of the total, how 23 transcript?
24 many times? 24 A. Yes. • . .
25 A. At a minimum of 100. 25 Q. So you know what they look like. And you
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David Ridge August 12, 2022
1 can ask your lawyer about what to do with the 1 out of the air, but i f you have an estimate, which
2 transcript of this deposition. You'll have the 2 is an approximation based on memory and basedi on
3 opportunity to review i t and make corrections to i t 3 fact, go ahead and give us your best estimate.
4 as long as you do i t by the deadline that is going 4 Do you understand a l l that?
5 to be stated i n a letter that you and your lawyer 5 A. Yes.
6 w i l l get from the court reporting firm, which i s 6 Q. I f you have any questions about any of
7 called Imagine Reporting. 7 this, do not be afraid to let us know.
8 Do you understand a l l that, sir? 8 Also, i f you need a break \diatsoever, work,
9 A. Yes. 9 family, anything, just l e t us know, and we'll take a
10 Q. I f you make corrections to the transcript 10 break.
11 that are substantive, for example, i f this were an' 11 When you give an estimate, I might try and
12 auto Ccise and you testified i n your deposition that 12 narrow you down. I f you say. Well, I think i t was
13 the light was red vdien you entered the intersection, 13 i n the f i r s t half of 2019, I might Bay', A l l right,
14 and then the case went to t r i a l and on the stand at 14 well, was i t before the end of March of 2019. And
15 t r i a l you change your testimony to say that the 15 i t might be clear i n your mennry that. Yes, i t was
16 light was green, I as the opposing lawyer would be 16 probably before March 31 or i t was before Mcurch 31.
17 able to comment on that and argue to the jury that 17 You might not be able to narrow i t down to January
18 you changed your story and they shouldn't believe 18 or February or March, but you know i t was i n the
19 you or something like that. 19 f i r s t quarter of that year, so that would be an
20 Do you understand a l l that, sir? 20 estimate. .
21 A. Yes. 21 And i f I try and narrow you down, at seme
22 Q. So the main thing i s be careful and think 22 point, you might feel like. Okay, well, beyond that,
23 about your answers before you respond. 23 I cannot be any more specific. I f I'm any more
24 I'm sure your lawyer has told you the 24 specific, I'd be guessing.
25 following, and that i s , that w i l l give him a chance 25 Does that make sense?
Page 14 Page 16
1 to object i f he needs to and that w i l l ensure that 1 A. Yes.
2 you and I are not talking over one another.^ I f we 2 Q. So this is a very long-winded way of
3 do that, i t makes i t d i f f i c u l t for the court 3 eiqilaining the difference between guessing and
4 reporter to get our testimony down correctly and 4 speculating on the one hand idiich we do not want you
5 neatly and cleanly i n the written record. And --so 5 to do and estimating on the other hand vdiich we do
6 i f you think about your answer and give a l i t t l e 6 want to you do i f you can. I f i n response to any of
7 pause, that w i l l help us a l l out. 7 my questions you'd be guessing or speculating, just
8 Another thing that is important is I might 8 say that.
9 ask you about dates or -- I probably won't be asking 9 I f the truth is that you do not remember
10 you about distances because this is not an 10 the information that would be responsive to my
11 automobile accident or something, but I might ask 11 question-or you; don't know, go ahead and say that.
12 you. Well, how far away were you from that person's 12 Sometimes witnesses think. I f I say I don't
13 office when you were i n the office. I f you would be . 13 know, people are going to think I've got a bad
14 pulling a number out of the air -- oh, and the same 14 memory or I'm not smart or something. . To.heck with
15 thing goes for other quantitative things. So i t ' s 15 that. I f you don't know or. you don't :remember, just
16 not only dates, but let's say I ask you about 16 ' l e t us know that, okay?
17 distances or amounts of money or seme other 17 - A. - Okay.
18 quantitative thing; i f you would be pulling a number 18 Q. Your lawyer may assert objections to one or
19 out of the air, that's guessing or speculating. 19 more of niy questions, and sometimes that can start a
20 I f you have an estimate of when something 20 l i t t l e conversation among the lawyers. And you've
21 happened, for example. Well, I think i t was i n the 21 probably, seen this a million.times i n court, lawyers
22 f a l l of 2019, and that estimate is based on your 22 start yakking and going back and forth, and pretty
23 memory and based on fact, that's an estimate. 23 soon you've forgotten what the heck the question i s .
24 So what we do not want you to do i n a 24 I f that happens, i t happens a l l the time, just l e t
25 deposition is speculate or pull a nuniber or a date 25 us know and say. Hey, can you reask the question, or
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David Ridge August 12, 2022
1 we can -- if you ask me to do that, I might ask the 1 firm were representing you as. of when this, letter
2 court reporter to read it back because she can read 2 was sent out, J\ily 2, 2019, I wanted to ask you this
3 it back by looking at her equipment. 3 question: Please estimate the month and day in
4 Does all of that make sense to you? .4 which you first began a formal relationship with the
5 A. Yes. 5 Mcryall f im whereby they represented you as your
6 Q. Do you have any questions about the 6 lawyers?
7 deposition fundamentals that I've gene over with you 7 A. I couldn't say. I mean, sometime Isefore
8 this moming? 8 that date, maybe a month or two months,.but I'm
9 A. No. 9 guessing.
10 MR. CURRAN: Mateo, can you please bring up 10 Q. Well, as I told you, we don't want you to
11 an exhibit which starts with 2019. So it's up near 11 guess.
12 the top of the f i l e -- I'm sorry, it's not up near 12 Is it a reasonable estimate that you
13 the top. It's kind of in the middle, 2019. 13 retained the Mayall law firm to represent you
14 THE VIDEOGRAPHER: 2019, correct. What's 14 approximately one or two months before July 2nd of
15 the name after the date? 15 2019?
16 MR. CURRAN: It's July 2, and let me see 16 A. That's my best estimation. I could check
17 what this name is. "Right to Sue." 17 onrayphone, see i f there's a date here.
18 Ms. Rosinski, Ms. Reporter, I'd like to ask 18 Q. No, that's all right. I appreciate that.
19 you to mark this exhibit, a July 2, 2019, Department 19 If you think of it and have time to do so during a
20 of Fair Employment and Housing letter as Exhibit 1. 20 break, that would be great, but no big deal. You've
21 (Whereupon, Defendant's Exhibit 1 was 21 given us an estimate, and it's not essential that we
22 remotely introduced and provided 22 know the exact date, but -- actually, i t looks like
23 electronically to the reporter.) 23 you may be looking at your phone. Have you already
24 MR. CURRAN: Q. Officer Ridge, can you see 24 figured it out?
25 Exhibit 1 clearly on your screen? 25 ., A. No. , '
Page 18 ' • " Page 20
1 A. I can see the top portion, yes. 1 ,.Q. Okay.
2 Q. And let us know if you need to scroll down. 2 A. I'll,have to --,
3 I don't think you will. 3 , Q. So -
4 Do you see how this letter i s a letter from 4 A. I ' l l have to do i t later. , ^
5 the Department of Fair Enployment and Housing to 5 Q. Right.
6 Rachael Allgaier? 6 All right. So we've got your best
7 A. Yes. '7 'estimated one or two months before July 2nd of '2019.
8 Q. Ms. Allgaier, i f I'm pronouncing that 8 Two months before July 2nd of 2019 would be early
9 correctly, is a lawyer, or Wcis a lawyer. She's no 9 May of 2019.
10 longer with the fim. 10 • . . .. . I So just to beat. this , to death, is it your
11 But at that time, she was a lawyer with the 11 best estimate that you first retained the Mayall law
12 Mayall law firm based in Stockton, Califomia; is 12 firm as your lawyers to help you file a DFEH
13 that right? 13 complaiiit in early May -- semeiAere between early .
14 A. Yes. 14 ; Miy of 2019 and July 2 of 2019?
15 Q. And so she was representing you at the time 15 : :A.-: I couldn't be certain. I have no .
16 that you filed, or the Mayall firm filed on your 16 . recollection what month i t was. And I have -- i • •
17 behalf what is known as a DFEH complaint; is that 17 mean, a l l I know is i t was before that date.
18 right? 18 Q.: All right. Well, now it sounds like you
19 A. I think so. 19 might have been guessing earlier when you said one
20 Q. "DFEH" is an acronym for Department of Fair 20 to two months.
21 Enployment and Housing. 21 Do you want to do to change your answer?
22 So i f I ask you about your DFEH complaint, 22 A. Well, as I stated when I f i r s t said I said
23 you will understand vdiat I'm talking about, true? 23 i t was a guess, and I just cannot say exactly how
24 A. Yes. 24 many months i t was.
25 Q. Given that Ms. Allgaier and the Mayall law 25 Q. All right. Well, then later you said it
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David Ridge August 12, 2022
1 was a reasonable estimate, so -- 1 because of certain physical unpairmsnts, but let's
2 A. I believe i t is a reasonable estimate, but 2 just get a list of your understanding of those '
3 at the same time, I can't be certain that i t was May 3 impairments. ' . - • i- :'
4 or -- i t could have been prior to May. I t could 4 '' You've had back problems for quite a long
5 have been April. I t could have been March. 5 time; is that accurate?
6 Q. All right. I got i t . 6 A. Yes.
7 So this i s an example where I ' l l -- you 7 Q. Heck, I had back surgery in 1988. You
8 know, it's annoying, but it's part of my job duty, 8 know, we've all been there, but let me just ctsk you
9 see i f I can narrow i t down. 9 this: Can you pinpoint to a certain year the first
10 You would need to check -- actually, let's 10 time you injured your back other than just, you
11 just -- we'll table this until the break. And i f 11 know, the occasional low back muscle spcisms that we
12 you can look on your phone and figure out the exact 12 all get when we, quote, "throw out,"close quote,
13 date, I would like you to do that, and then we'll go 13 our back? ' '
14 back to i t , but I might forget, and so let's just do 14 '-A. -Well, i t was - - i t was congenital', so" I /
15 i t this way -- 15 would say from birth.
16 A. Well, i f I could have a minute with my 16 Q. Oh, no kidding. ' '
17 attomey, we could probably figure out which date i t 17 What was the -- vdiat's your -- you're not a
18 was. 18 doctor, are you? "'
19 Q. Oh, all right. 19 ••••A. ' N o . •' • .
20 Is that okay with you, Ali? 20 -''Q.' What's your layperson's understanding of
21 MR. HASHEMI: Yes, let's take a ten-minute 21 the congenital aspect of your back problems?
22 22 A. A narrow opening for the spine.
23 MR. CURRAN: All right. Tliat's fine. 23 Q. Again, I know you're not a doc, but you
24 THE VIDEOGRAPHER: Okay. Off the record at 24 know how you can have numbness or tingling or.pain
25 25 because nerve roots emanating from the spine can be
10 a.m.
Page 22 Page 24
1 (Whereupon, a recess was held from 1 pinched or iipinged upon by the bony parts of your
2 10:00 a.m. to 10:06 a.m.) 2 spine; you know about that generally, do you not?
3 THE VIDEOGRAPHER: We are back on the 3 • A. Yes, that's --'
4 record at 10:06 a.m. 4 " ' MR. HASHEMI: Objection. Lack of
5 MR. CURRAN: Q. So, Mr. Ridge, can you 5 foundation. "' '
6 t e l l us the date in which you f i r s t retained the 6 MR. CURRAN: Q. Is i t your understanding
7 Mayall law firm to represent you? ,.7'.i i,that-the congenital problem is you have narrow,. .
8 A. I can't t e l l you the date, but based on my 8 spaces through which the nerve roots emanate from
9 calendar, i t was sometime in June. 9 your main spinal cord?
10 Q. And, for the record, that is June of 2019, 10 A.^^ Yes.
11 correct? 11 Q. You first started with the Califomia.
12 A. Yes. 12 Highway Patrol as a cadet at CHP's training academy;
13 Q. Did you review -- I know you reviewed 13 is that right?
14 something during the break, i t sounds like your 14 •;• A... Yes.' . . " • ' , . . : ; . . ' ' ; . .
15 calendar, but prior to the start of today's 15 - ••- MR. HASHEMI:. Objection.' Leading question.
16 deposition, did you review any documents in 16 MR. CURRAN:' Q. And'in^what year did you
17 preparation for the deposition? 17 f i r s t start?
18 A. No. 18 And i f you remember, - t e l l us your f i r s t day
19 Q. Did you talk to anybody about the 19 of . work for CHP.
20 deposition besides your lawyer? 20 . A.i April 24th, 1995.
21 A. No. 21 Q.. Was there a time period when you were
22 Q. Now, I'-ve reviewed your DFEH conplaint and 22 working for CHP where your back did not give you any
23 your superior court complaint and quite a few .23 problems in terms of working for CHP either at the
24 documents in this Ccise, and I've realized that you 24 academy or after you graduated from the academy?
25 requested reasonable accommodation, and you did that 25 .MR. HASHEMI: Objection. Compound
Page 23 '.Page 2 5
www.lmagineReporting.com I 855-777-7865 Pages 22 to 25
David Ridge August 12, 2022
1 question. 1 foundation.
2 You may answer i f you can. 2 You may'answer.if you can.
3 THE WITNESS: I would say prior to 2009. 3 .THE WITNESS: I'm not sure what you're'.;-
4 MR. CURRAN: Q. Did something happen i n 4 asking me. You asked me to .be'specific,."so I wasi'
5 2009 that changed things? 5 specific. I t -- for -- for just a regional answer,
6 A. Not specifically. 6 it,.wasraylower back.
7 Q. In 2009 did you start noticing, aaybe, the 7 MR. CURRAN: Q. Great. Yes, that's a l l ^ I
8 cumulative effects of something? 8 was after. ^And I appreciate your being precise and
9 MR. HASHEMI: Objection. I t calls for a 9 specific.
10 legal conclusion. 10 And i t sounds like you've got quite a bit
11 You may answer i f you can. 11 of knowledge, you know, of having gone through this.
12 THE WITNESS: Two things began happening: 12 And I can syrapathize with you. I tiad surgery
13 My left leg began becoming numb, and at the same 13 rayself, but mine was pretty easy, i n 1998.
14 time,rayback was beginning to hurt, and I thought 14 So prior to 2009, your back problems didn't
15 that they were the same injury. 15 cause you any problems, but then at some point in
16 MR. CURRAN: Q. And you started noticing 16 2009, these two things started happening: . Your left
17 those two things in 2009? 17 leg-started.becoming numb, and your back was
18 A. To the best of my recollection, that's 18 beginning to hurt.
19 correct. 19 All that is accurate, true?
20 Q. What portion of your left leg started 20 A. Yes. ,
21 becoming nunib in 2009? 21 MR. HASHEMI: ,A leading question.
22 A. My l e f t quad. 22 Objection.
23 Q. So you're talking about the quadriceps 23 You may answer i f you can.
24 muscle, vdiich is the big muscle in all of our 24 MR. CURRAN: Q. And let me make something
25 thighs? 25 clear -- this is another deposition fundamental that
Page 2 6 Page 2 8
1 A. Yes. 1 I'm'"sure your lawyer has told you about -- your
2 The condition is called meralgia 2 lawyer can put.objections on the record, but unless
3 paresthetica. 3 he'instructs you not to answer. Officer Ridge, go
4 Q. Okay. You got me on that one. 4 ahead and answer the question.
5 Could you take your time and spell i t for 5 Do you understand that, sir?
6 the record, please? Go real slow. Do your best. 6- I A. Yes. •
7 We know you're not a doc. 7 Q. That's why it's good to leave a pause,
8 A. Yes, i t ' s M-E-R-A-L-G-I-A. Paresthetica is 8 because he might instmct you not to answer, but
9 a separate word, P-A-R-E-S-T-H-I-T-I-C-A [sic]. 9 barring that, go ahead and answer.
10 Q. And you, in addition to the numbness, also 10 And also I ' l l point out. Counsel, this is
11 mentioned that your back was beginning to hurt. 11 cross-examination. You know, I'm obviously
12 Can you be a little more specific about 12 .representing the party that is adverse to
13 what area of your back was hurting? 13 Officer Ridge, so the whole deposition is going to .
14 A. L4-L5, L5-S6 -- or Sl. 14 be leading questions. Iliat's completely right.
15 Q. Well, you just listed two spots at which we 15 '-. ' MR. HASHEMI: I'understand." I just.want to
16 have intervertebral discs. 16 - preserve them for the record.
17 And so I understand that you ma^e leamed 17 MR. CURRAN:, Well, I'm just,telling you
18 later that the problem was inpingement on the nerve 18 .- that :-- and you don't need to take my word for i t .
19 roots that emanated from between those two spots, 19 .You can check with anybody in your office -- that
20 but all I was asking is, you know, you said two 20 when.you've got a defendant in an employment case
21 things happened in 2009: One was the numbness and 21 and that lawyer is asking your client, a plaintiff,
22 one was some back pain. 22 questions that are leading, i t ' s not appropriate to
23 Was it actually pain that manifested itself 23 make an objection based on leading questions, but
24 in your back or was i t down your legs or something? 24 : I'm not trying to argue with you or start a fight.
25 MR. HASHEMI: Objection. Lack of 25 I just want to save us time.
Page 27 Page 2 9
Preview
ROB BONTA Attorney General of Califomia 2 KRISTIN M . DAILY Supervising Deputy Attomey General 3 JAMES F. CURRAN FflLEO/E^OOeSEO Deputy Attorney General 4 State Bar No. 142041 NOV 1 6 2022 1300 I Street, Suite 125 5 P.O. Box 944255 Sacramento, CA 94244-2550 By; M. \''.':.'inf1nr Deputy Ci'erk 6 Telephone: (916)210-6113 Fax: (916) 324-5567 7 E-mail: James.Curran@doj.ca.gov Attorneys for Defendant 8 California Highway Patrol 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 12 13 DAVID RIDGE, Case No. 34-2019-00265393 14 Plaintiff, DECLARATION OF JAMES F. CURRAN 15 IN SUPPORT OF DEFENDANT CALIFORNIA HIGHWAY PATROL'S 16 OPPOSITION TO PLAINTIFF'S MOTION FOR P R O T E C T I V E ORDER 17 T H E CALIFORNIA HIGHWAY PATROL; TERMINATING PLAINTIFF'S and DOES 1-100, inclusive. DEPOSITION AND REQUEST FOR 18 SANCTIONS Defendants. 19 Date: December 1, 2022 Time: 1:30 PM 20 Dept: 53 Judge: Hon: Richard K.. Sueyoshi 21 Trial Date: April 3, 2023 Action Filed: September 23, 2019 22 23 1, James F. Curran, declare as follows: 24 1. 1 am an attomey licensed to practice law in all courts of the State of Califomia. I am a 25 Deputy Attomey General and counsel of record for Defendant Califomia Highway Patrol (CHP) 26 in this case. 1 have engaged in "meet-and-confer" communications with Plaintiffs counsel, John 27 Briscoe and Ali Hashemi, of Mayall Hurley, PC, concerning the issues presented by this motion. 28 Declaration of Curran in Support of CHP's Opposition to Plaintiffs Motion for Protective Order (34-2019- 00265393) 1 I have also taken 2.5 sessions of Plaintiff s deposition. 1 therefore have personal knowledge of 2 the matters described below, and could competently testify to their truth if called upon to do so. 3 2 Attached as Exhibit 1 is a true and correct copy of the condensed transcript of the first 4 session of Plaintiff s deposition, taken on August 12, 2022. Mayall lavy-firm Associate Attomey I I M •) • • 5 Ali Hashemi defended this session of the deposition. This session of the, deposition took place ' ' 1 i ' ' ' i 6 between 9:30 a.m. and approximately 5:00 p.m., with the normal breaks. 1 \ •• I 7 3. Attached as Exhibit 2 is a true and correct copy of the condensed transcript of the second 8 session of Plaintiff s deposition, taken on August 19, 2022. Mayall law firm Attomey John 9 Briscoe defended this session of the deposition. This session of the deposition took place 10 between 9:30 a.m. and approximately 5:00 p.m., with,the normal breaks. 11 4. Attached as Exhibit 3 is a true and correct copy of the condensed transcript of the third 12 session of Plaintiff s deposition, taken on October 7, 2022. Mr. Hashemi defended this session of 13 the deposition. Mr. Hashemi unilaterally terminated this session of the deposition after four hours 14 of questioning. He and the undersigned determihedihow much questioning had taken place ' 15 during this third session of the deposition by periodically asking the videographer, whose 16 equipment reflected the hours and minutes of on-the-record testimony that day, how much time' 17 had been consumed by questioning during the third session. 18 5. On August 26 and September 9, 2022,,, I informed Plaintifl^s counsel that I believe CHP 19 can finish Plaintiffs session in one or two additional sessions. A true and correct copy of the 20 emails in which I did so is attached as Exhibit 4. 21 6. 1 believe I can finish Plaintiff s deposition in one additional session. 22 7. CHP has agreed to restrict the time period for the Kay Williams subpoena of records to 23 January 1, 2018 to the present. Still, Plaintiff refuses to sign the release unless it is restricted to 24 treatment records for emotional distress caused by CHP. 25 8. I have spent in excess of two (2) hours preparing this opposition to Plaintiff s motion for 26 a protective order terminating Plaintiffs deposition and my supporting declaration. The 27 Employment and Administrative Mandate Section of the California Attorney General's Office, to 28 which I am assigned, charges its client agencies, including CHP, $220 per hour for legal services. • • 2 , Declaration of Curran in Support of CHP's Opposition to Plaintiff s Motion for Protective Order (34-2019- . ! 00265393) I ,; • i ' • I • 1 I respectfully submit this is a reasonable and less than customary charge for these services. 1 2 anticipate I will spend approximately two (2) additional hours reviewing Plaintiffs reply to 3 CFLP's opposition to this motion, and preparing for and attending the hearing on this motion. 4 Therefore, I anticipate CHP will incur attorney fees of at least $880.00 for the preparation of this 5 opposition and for oral argument. 'I 6 I declare under penalty of perjury under the laws of the State of California that the 7 foregoing is correct. Executed on November 16, 2022 in Sacramento, California. 8 9 10 SA2019106238 12 36714189.docx 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Declaration of Curran in Support of CHP's Opposition to Plaintiffs Motion for Protective Order (34-2019- ' 00265393) EXHIBIT 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO -oOo- DAVID RIDGE, Plaintiff, vs . Case No. 34-2019-00265393 THE CALIFORNIA HIGHWAY PATROL; and DOES 1-100, i n c l u s i v e , Defendants. REMOTE VIDEO DEPOSITION. OF DAVID RIDGE F r i d a y , August 12, 2022 9:39 a.m. pi! 51:05! p.m. V i a Zoom V i d e o c o n f e r e n c e R e p o r t e d Remotely By: P a t r i c i a R o s i n s k i , CSR No. 4555 David Ridge August 12, 2022 A P P E A R A N C E S INDEX OF EXHIBITS FOR THE PLAINTIFF: DEPOSmOI OF DAVID RIDGE MAYALL HURLEY PC By; A L I HASHEMI ' Friday, August 12, 2022 A t t o r n e y a t Law 2453 Grand Canal B o u l e v a r d DEFENDANT'S EXHIBITS MARKED PAGE Stockton, C a l i f o r n i a 95207 EXHIBIT 1 Right-to-Sue Letter 16 209.477.3833 (2 pages) 7 ahashemiomayallaw.com 8 EXHIBIT 2 Notice of Personnel Action 65 9 FOR THE DEFENDANT: STATE OF CALIFORNIA 9. (2 pages) 10 OFFICE OF THE ATTORNEY GENERAL 10 EXHIBIT 3 • Service Record with Photograph 67 By: JAMES F. CURRAN (1 page) Deputy A t t o r n e y G e n e r a l 1300 I S t r e e t , S u i t e 125 EXHIBIT 4 Plaintiff Ridge's Response to 214 Sacramento, C a l i f o r n i a 95814 Enployment Law Fom Interrogatories, 916.324.5567 Set One j amea.curran®doj.ca.gov (16 pages) 14 15 ALSO PRESENT: Mateo T o r r e s , L e g a l v i d e o g r a p h e r n 18 19 20 21 22 23 24 25 Page 2 Page 4 1 INDEX OF E X A M I N A T I O N S 1 INDEX 2 2 3 DEPOSITICM OF DAVID RIDGE 3 TRANSCRIPT TRANSa MARKED AT THE REQUEST OF COUNSEL 4 Friday, August 12, 2022 4 5 5 PAGE LINE 6 EXAMINATION BY PAGE .6 36 24 7 MR. CURRAN 7 38 9, 16 8 199 4, 22 9 AFTERNOCW SESSION 108 9 200 5, 14 10 10 202 3, 8 11 11 • • 203' ' 18 12 12 204 5, 18 13 13 206 2, 7, 14 14 14 • 207. 12 15 IS"; • 208 • 3,4 16 16 • . 209 : 25 17 17 •210 • 6, 8, 18 -oOo- 18 211 : 17 19 19 212 . 2, 23 20 20 213 . 6 21 21 215 2 22 22 23 23 24 24 25 25 Page 3 Page 5 www.lmagineRepoi1ing.com | 855-777-7865 Pages 2 to 5 David Ridge August 12, 2022 INDEX 1 video-record. :,2 Would a l l counsel present please state QUESTIOJS INSTRUCTED NOTTOANSWER PAGE LINE And with \«tan did you undergo treatment? 36 15 3 their appearance. So, Mr. — sorry. Officer Ridge, you saw 206 1 •;4 MR. CURRAN: I ' l l go f i r s t . I'm Deputy Kay Williams. You said there were soiiB nHrriage problems that, in addition to 5 Attomey General James Curran representing Defendant PTSD, led you to see her. I don't want to 6 Califomia Highway Patrol. pry into this too much, but what were the nature of the marital problems that led you 7 MR. HASHEMI: I am A l i Hashemi. I am to see Kay Williams, the marriage and p representing Plaintiff David Bridge. • family therapist? 9 • THE VIDEOGRAPHER: Will the court reporter 9 Let's focus in on the conversations that 208 2 10 please swear in the witness. 10 you had with Kay Williams in 2020. For 11 (Oath administered.') what did you receive therapy with 11 Kay Williams in 2020? 12 EXAMINATION BY MR. CURRAN 12 And I'm not going to Iceep you here much 212 11 13 MR. CURRAN: Q. Officer Ridge, I longer. We're going to cover this more in 13 the next session of deposition, but what 14 introduced myself on the record, and I just wanted marital problems during this 2018 to 2020 15 to say -- well, f i r s t of a l l , let me make sure, are 14 period were you eiqjeriencing? What personal life-related stressors were 212 22 16 you hearing me ol^ay? 15 you seeing Kay Williams for during this 17 A. Yes. 16 2018 to 2020 period? 18 Q. And have you been -- are you a veteran now 17 What problems related to your children were 213 5 you seeing Kay Williams for during this 19 of several or a bunch of Zoom conferences? 18 tirre period of 2018 to 2020? 20 A. Yes. 19 20 21 Q. Okay. Great. -oOo- 22 Before I start asking you questions about 21 22 23 this lawsuit, I just wanted to say thank you for 23 24 keeping us safe, for working this many years for the 24 25 highway patrol. 25 Page 6 1 .Page 8 1 Friday, August 12, 2022 9:39 a.m. 1 I've lived in Sacramento -- moved here in 2 ---oOo- — 2 '92 and lived out in Fair Oaks and was on 50 a l l the 3 DAVID RIDGE, 3 time when you were in the Placerville area office. 4 having been duly sworn by the Certified 4 So I appreciate you keeping me and family safe. 5 Shortliand Reporter to t e l l the truth, the 5 And my understanding is, and I ' l l ask you . 6 whole tmth, and nothing but the truth, 6 about this later, that you're back working the rocid 7 testified as follows: 7 and putting your life in danger every day, so I want 8 ---oOo--- 8 you to know that ncibody takes that lightly, and I 9 PROCEEDINGS 9 certainly do not. 10 THE VIDEOGRAPHER: Good moming, my name is 10 We're here in this deposition because of 11 Mateo Torres. I'm your videographer, and I 11 the lawsuit, as you. know. ... 12 represent Imagine Reporting. I am not financially 12 And i f at any point you need to take a 13 interested in this action, nor am I a relative or an 13 break, or you think I'm asking you something that's 14 employee. 14 unfair, your lawyer will, of course, object i f that 15 This begins Video Number 1 of Plaintiff 15 happens or i f he thinks that an objection is proper, 16 David Ridge in the matter of David Ridge versus the • 16 but I want you to feel free to tell me you don!t 17 Califomia Highway Patrol. The case number is 17 understand the question, ask me to rephrase i t i f 18 34-2019-00265393. 18 need be, and we don't want you answering any 19 This is a l l via Zoom on today's date, 19 questions unless you feel 100 percent confident that 20 August 12th, 2022, at approximately 9:40 a.m., 20 you understand them. 21 Pacific Standard. 21 Does all that make sense to you, sir? 22 ' The.court reporter today is 22 - A.- Yes. Thank you. 23 Patricia Rosinslci. 23 Q.' I'm not going to go over all the 24 This deposition is being recorded at a l l 24 adnonitions and instructions and -- about the 25 times unless a l l counsel agree to go on and off the 25 deposition process because I'm 100 percent certain P,age 7 Page 9 www.lmagineReporting.com | 855-777-7865 Pages 6 to 9 David Ridge August 12, 2022 1 that your lawyer has gone over them with you. 1 Q. And so you have been sworn i n before over a 2 Let me -- let me ask Ali, is John Briscoe 2 hundred times, true? 3 i n t r i a l right now, Ali? 3 A. , Yes. •• • 4 MR. HASHEMI: Yes, he had a scheduling 4 j Q. And you understand that when you are sworn 5 conflict, so -- 5 in, what you say subjects you potentially to the 6 MR. CURRAN: A l l right. 6 penalty of perjury i f you were to not t e l l the 7 MR. HASHEMI: -- I'm here and -- 7 truth. 8 MR. CURRAN: Okay, no problem. 8 You understand a l l that, right? 9 Q. So, obviously, Mr. Ridge, Mr. Hashemi i s 9 ' A. Yes. 10 your attorney for today's deposition. 10 Q. And do you take your oath very seriously 11 And one of the fundamentals that I'm sure 11 when you.are sworn in? 12 he went over with you, or Mr. Briscoe did -- oh, 12 A. I always have, yes. 13 and, for the record, John Briscoe i s the lawyer from 13 ' Q. Do you understand that today -- excuse me. 14 the Mayall Law Firm who i s i n charge, at least my 14 Do you understand that today you have been 15 understanding, of day-to-day handling of the case. 15 sworn i n by the court reporter vbo i s acting as an 16 So I'm sure he's told you that i f I ask you 16 officer of the court, just the way a b a i l i f f or a 17 something -- I ask you a question and the only 17 judge would act i n a courtroom, and that you are 18 source of your knowledge to respond to i t i s a 18 under the same obligation to t e l l the truth having 19 conversation you had with a lawyer, so that includes 19 been sworn i n as you would be i f you were testifying 20 Mr. Hashemi, Mr. Briscoe, any of the workers' 20 i n a courtroom i n a' c i v i l or criminal trial? 21 conpensation lawyers that have represented you i n 21 A. I do. 22 the past, i f you would have to talk about what you 22 Q. The long way of saying is -- well, let me 23 leamed by discussing things with your lawyer, just 23 try again. 24 let us know that and don't divulge that infonnation 24 We'll skip that! 25 because that's attorney-client privileged 25 My next question - - Page 10 • •' Page 12 1 information. 1 A. I understood. 2 Does that make sense to you, sir? 2 Q. Yes. 3 A. Yes. 3 I s there any reason v*y we cannot go 4 Q. Have you ever given a deposition before? 4 forward today; for example, are you feeling i l l or 5 A. Yes. 5 excessively tired? 6 Q. How many depositions have you given? 6 A. No. 7 A. In my recollection, one prior. 7 Q.' Is there anything that is going to prevent 8 Q. And i n vdiat type of case was that 8 you from going to approximately 5 p.m. today with 9 deposition? 9 breaks and a lunch break? 10 A. To the best of my recollection, i t was -- 10 ... A.. No. . .• .• . 11 i t was a traffic accident versus either a city or 11 Q. A couple of the deposition fundamentals 12 county entity, possibly a state entity. 12 that are is^tortant are the following: Instead of 13 Q. And you came upon the scene after the 13 saying "uh-huh" or "hu-huh," we need you to say 14 accident, after being called by dispatch? 14 ;"yes° or "no" just to make the written record more 15 A. Right, as I recall. 15 • clear. 16 Q. Got i t . 16 Does that make sense? 17 So you were not a party to the lawsuit; you 17 •• ": A. Yes, i f does. • .. 18 were a witness? 18 Q: Back to that previous deposition you gave, 19 A. Correct. 19 did you ever review.the written transcript of your 20 Q. I imagine you testified i n court a lot, but 20 deposition? 21 let me just ask you, have you testified i n court? 21 A." I don't' recall. 22 A. Yes. 22 Q. Have you ever looked at a deposition 23 Q. Do you have any estimate of the total, how 23 transcript? 24 many times? 24 A. Yes. • . . 25 A. At a minimum of 100. 25 Q. So you know what they look like. And you Page 11 Page 13 www.lmagineReporting.com | 855-777-7865 Pages 10 to 13 David Ridge August 12, 2022 1 can ask your lawyer about what to do with the 1 out of the air, but i f you have an estimate, which 2 transcript of this deposition. You'll have the 2 is an approximation based on memory and basedi on 3 opportunity to review i t and make corrections to i t 3 fact, go ahead and give us your best estimate. 4 as long as you do i t by the deadline that is going 4 Do you understand a l l that? 5 to be stated i n a letter that you and your lawyer 5 A. Yes. 6 w i l l get from the court reporting firm, which i s 6 Q. I f you have any questions about any of 7 called Imagine Reporting. 7 this, do not be afraid to let us know. 8 Do you understand a l l that, sir? 8 Also, i f you need a break \diatsoever, work, 9 A. Yes. 9 family, anything, just l e t us know, and we'll take a 10 Q. I f you make corrections to the transcript 10 break. 11 that are substantive, for example, i f this were an' 11 When you give an estimate, I might try and 12 auto Ccise and you testified i n your deposition that 12 narrow you down. I f you say. Well, I think i t was 13 the light was red vdien you entered the intersection, 13 i n the f i r s t half of 2019, I might Bay', A l l right, 14 and then the case went to t r i a l and on the stand at 14 well, was i t before the end of March of 2019. And 15 t r i a l you change your testimony to say that the 15 i t might be clear i n your mennry that. Yes, i t was 16 light was green, I as the opposing lawyer would be 16 probably before March 31 or i t was before Mcurch 31. 17 able to comment on that and argue to the jury that 17 You might not be able to narrow i t down to January 18 you changed your story and they shouldn't believe 18 or February or March, but you know i t was i n the 19 you or something like that. 19 f i r s t quarter of that year, so that would be an 20 Do you understand a l l that, sir? 20 estimate. . 21 A. Yes. 21 And i f I try and narrow you down, at seme 22 Q. So the main thing i s be careful and think 22 point, you might feel like. Okay, well, beyond that, 23 about your answers before you respond. 23 I cannot be any more specific. I f I'm any more 24 I'm sure your lawyer has told you the 24 specific, I'd be guessing. 25 following, and that i s , that w i l l give him a chance 25 Does that make sense? Page 14 Page 16 1 to object i f he needs to and that w i l l ensure that 1 A. Yes. 2 you and I are not talking over one another.^ I f we 2 Q. So this is a very long-winded way of 3 do that, i t makes i t d i f f i c u l t for the court 3 eiqilaining the difference between guessing and 4 reporter to get our testimony down correctly and 4 speculating on the one hand idiich we do not want you 5 neatly and cleanly i n the written record. And --so 5 to do and estimating on the other hand vdiich we do 6 i f you think about your answer and give a l i t t l e 6 want to you do i f you can. I f i n response to any of 7 pause, that w i l l help us a l l out. 7 my questions you'd be guessing or speculating, just 8 Another thing that is important is I might 8 say that. 9 ask you about dates or -- I probably won't be asking 9 I f the truth is that you do not remember 10 you about distances because this is not an 10 the information that would be responsive to my 11 automobile accident or something, but I might ask 11 question-or you; don't know, go ahead and say that. 12 you. Well, how far away were you from that person's 12 Sometimes witnesses think. I f I say I don't 13 office when you were i n the office. I f you would be . 13 know, people are going to think I've got a bad 14 pulling a number out of the air -- oh, and the same 14 memory or I'm not smart or something. . To.heck with 15 thing goes for other quantitative things. So i t ' s 15 that. I f you don't know or. you don't :remember, just 16 not only dates, but let's say I ask you about 16 ' l e t us know that, okay? 17 distances or amounts of money or seme other 17 - A. - Okay. 18 quantitative thing; i f you would be pulling a number 18 Q. Your lawyer may assert objections to one or 19 out of the air, that's guessing or speculating. 19 more of niy questions, and sometimes that can start a 20 I f you have an estimate of when something 20 l i t t l e conversation among the lawyers. And you've 21 happened, for example. Well, I think i t was i n the 21 probably, seen this a million.times i n court, lawyers 22 f a l l of 2019, and that estimate is based on your 22 start yakking and going back and forth, and pretty 23 memory and based on fact, that's an estimate. 23 soon you've forgotten what the heck the question i s . 24 So what we do not want you to do i n a 24 I f that happens, i t happens a l l the time, just l e t 25 deposition is speculate or pull a nuniber or a date 25 us know and say. Hey, can you reask the question, or Page 15 Page 17 www.lmagineReporting.com | 855-777-7865 Pages 14 to 17 David Ridge August 12, 2022 1 we can -- if you ask me to do that, I might ask the 1 firm were representing you as. of when this, letter 2 court reporter to read it back because she can read 2 was sent out, J\ily 2, 2019, I wanted to ask you this 3 it back by looking at her equipment. 3 question: Please estimate the month and day in 4 Does all of that make sense to you? .4 which you first began a formal relationship with the 5 A. Yes. 5 Mcryall f im whereby they represented you as your 6 Q. Do you have any questions about the 6 lawyers? 7 deposition fundamentals that I've gene over with you 7 A. I couldn't say. I mean, sometime Isefore 8 this moming? 8 that date, maybe a month or two months,.but I'm 9 A. No. 9 guessing. 10 MR. CURRAN: Mateo, can you please bring up 10 Q. Well, as I told you, we don't want you to 11 an exhibit which starts with 2019. So it's up near 11 guess. 12 the top of the f i l e -- I'm sorry, it's not up near 12 Is it a reasonable estimate that you 13 the top. It's kind of in the middle, 2019. 13 retained the Mayall law firm to represent you 14 THE VIDEOGRAPHER: 2019, correct. What's 14 approximately one or two months before July 2nd of 15 the name after the date? 15 2019? 16 MR. CURRAN: It's July 2, and let me see 16 A. That's my best estimation. I could check 17 what this name is. "Right to Sue." 17 onrayphone, see i f there's a date here. 18 Ms. Rosinski, Ms. Reporter, I'd like to ask 18 Q. No, that's all right. I appreciate that. 19 you to mark this exhibit, a July 2, 2019, Department 19 If you think of it and have time to do so during a 20 of Fair Employment and Housing letter as Exhibit 1. 20 break, that would be great, but no big deal. You've 21 (Whereupon, Defendant's Exhibit 1 was 21 given us an estimate, and it's not essential that we 22 remotely introduced and provided 22 know the exact date, but -- actually, i t looks like 23 electronically to the reporter.) 23 you may be looking at your phone. Have you already 24 MR. CURRAN: Q. Officer Ridge, can you see 24 figured it out? 25 Exhibit 1 clearly on your screen? 25 ., A. No. , ' Page 18 ' • " Page 20 1 A. I can see the top portion, yes. 1 ,.Q. Okay. 2 Q. And let us know if you need to scroll down. 2 A. I'll,have to --, 3 I don't think you will. 3 , Q. So - 4 Do you see how this letter i s a letter from 4 A. I ' l l have to do i t later. , ^ 5 the Department of Fair Enployment and Housing to 5 Q. Right. 6 Rachael Allgaier? 6 All right. So we've got your best 7 A. Yes. '7 'estimated one or two months before July 2nd of '2019. 8 Q. Ms. Allgaier, i f I'm pronouncing that 8 Two months before July 2nd of 2019 would be early 9 correctly, is a lawyer, or Wcis a lawyer. She's no 9 May of 2019. 10 longer with the fim. 10 • . . .. . I So just to beat. this , to death, is it your 11 But at that time, she was a lawyer with the 11 best estimate that you first retained the Mayall law 12 Mayall law firm based in Stockton, Califomia; is 12 firm as your lawyers to help you file a DFEH 13 that right? 13 complaiiit in early May -- semeiAere between early . 14 A. Yes. 14 ; Miy of 2019 and July 2 of 2019? 15 Q. And so she was representing you at the time 15 : :A.-: I couldn't be certain. I have no . 16 that you filed, or the Mayall firm filed on your 16 . recollection what month i t was. And I have -- i • • 17 behalf what is known as a DFEH complaint; is that 17 mean, a l l I know is i t was before that date. 18 right? 18 Q.: All right. Well, now it sounds like you 19 A. I think so. 19 might have been guessing earlier when you said one 20 Q. "DFEH" is an acronym for Department of Fair 20 to two months. 21 Enployment and Housing. 21 Do you want to do to change your answer? 22 So i f I ask you about your DFEH complaint, 22 A. Well, as I stated when I f i r s t said I said 23 you will understand vdiat I'm talking about, true? 23 i t was a guess, and I just cannot say exactly how 24 A. Yes. 24 many months i t was. 25 Q. Given that Ms. Allgaier and the Mayall law 25 Q. All right. Well, then later you said it Page 19 Page 21 www.lmagineReporting.com | 855-777-7865 Pages 18 to 21 David Ridge August 12, 2022 1 was a reasonable estimate, so -- 1 because of certain physical unpairmsnts, but let's 2 A. I believe i t is a reasonable estimate, but 2 just get a list of your understanding of those ' 3 at the same time, I can't be certain that i t was May 3 impairments. ' . - • i- :' 4 or -- i t could have been prior to May. I t could 4 '' You've had back problems for quite a long 5 have been April. I t could have been March. 5 time; is that accurate? 6 Q. All right. I got i t . 6 A. Yes. 7 So this i s an example where I ' l l -- you 7 Q. Heck, I had back surgery in 1988. You 8 know, it's annoying, but it's part of my job duty, 8 know, we've all been there, but let me just ctsk you 9 see i f I can narrow i t down. 9 this: Can you pinpoint to a certain year the first 10 You would need to check -- actually, let's 10 time you injured your back other than just, you 11 just -- we'll table this until the break. And i f 11 know, the occasional low back muscle spcisms that we 12 you can look on your phone and figure out the exact 12 all get when we, quote, "throw out,"close quote, 13 date, I would like you to do that, and then we'll go 13 our back? ' ' 14 back to i t , but I might forget, and so let's just do 14 '-A. -Well, i t was - - i t was congenital', so" I / 15 i t this way -- 15 would say from birth. 16 A. Well, i f I could have a minute with my 16 Q. Oh, no kidding. ' ' 17 attomey, we could probably figure out which date i t 17 What was the -- vdiat's your -- you're not a 18 was. 18 doctor, are you? "' 19 Q. Oh, all right. 19 ••••A. ' N o . •' • . 20 Is that okay with you, Ali? 20 -''Q.' What's your layperson's understanding of 21 MR. HASHEMI: Yes, let's take a ten-minute 21 the congenital aspect of your back problems? 22 22 A. A narrow opening for the spine. 23 MR. CURRAN: All right. Tliat's fine. 23 Q. Again, I know you're not a doc, but you 24 THE VIDEOGRAPHER: Okay. Off the record at 24 know how you can have numbness or tingling or.pain 25 25 because nerve roots emanating from the spine can be 10 a.m. Page 22 Page 24 1 (Whereupon, a recess was held from 1 pinched or iipinged upon by the bony parts of your 2 10:00 a.m. to 10:06 a.m.) 2 spine; you know about that generally, do you not? 3 THE VIDEOGRAPHER: We are back on the 3 • A. Yes, that's --' 4 record at 10:06 a.m. 4 " ' MR. HASHEMI: Objection. Lack of 5 MR. CURRAN: Q. So, Mr. Ridge, can you 5 foundation. "' ' 6 t e l l us the date in which you f i r s t retained the 6 MR. CURRAN: Q. Is i t your understanding 7 Mayall law firm to represent you? ,.7'.i i,that-the congenital problem is you have narrow,. . 8 A. I can't t e l l you the date, but based on my 8 spaces through which the nerve roots emanate from 9 calendar, i t was sometime in June. 9 your main spinal cord? 10 Q. And, for the record, that is June of 2019, 10 A.^^ Yes. 11 correct? 11 Q. You first started with the Califomia. 12 A. Yes. 12 Highway Patrol as a cadet at CHP's training academy; 13 Q. Did you review -- I know you reviewed 13 is that right? 14 something during the break, i t sounds like your 14 •;• A... Yes.' . . " • ' , . . : ; . . ' ' ; . . 15 calendar, but prior to the start of today's 15 - ••- MR. HASHEMI:. Objection.' Leading question. 16 deposition, did you review any documents in 16 MR. CURRAN:' Q. And'in^what year did you 17 preparation for the deposition? 17 f i r s t start? 18 A. No. 18 And i f you remember, - t e l l us your f i r s t day 19 Q. Did you talk to anybody about the 19 of . work for CHP. 20 deposition besides your lawyer? 20 . A.i April 24th, 1995. 21 A. No. 21 Q.. Was there a time period when you were 22 Q. Now, I'-ve reviewed your DFEH conplaint and 22 working for CHP where your back did not give you any 23 your superior court complaint and quite a few .23 problems in terms of working for CHP either at the 24 documents in this Ccise, and I've realized that you 24 academy or after you graduated from the academy? 25 requested reasonable accommodation, and you did that 25 .MR. HASHEMI: Objection. Compound Page 23 '.Page 2 5 www.lmagineReporting.com I 855-777-7865 Pages 22 to 25 David Ridge August 12, 2022 1 question. 1 foundation. 2 You may answer i f you can. 2 You may'answer.if you can. 3 THE WITNESS: I would say prior to 2009. 3 .THE WITNESS: I'm not sure what you're'.;- 4 MR. CURRAN: Q. Did something happen i n 4 asking me. You asked me to .be'specific,."so I wasi' 5 2009 that changed things? 5 specific. I t -- for -- for just a regional answer, 6 A. Not specifically. 6 it,.wasraylower back. 7 Q. In 2009 did you start noticing, aaybe, the 7 MR. CURRAN: Q. Great. Yes, that's a l l ^ I 8 cumulative effects of something? 8 was after. ^And I appreciate your being precise and 9 MR. HASHEMI: Objection. I t calls for a 9 specific. 10 legal conclusion. 10 And i t sounds like you've got quite a bit 11 You may answer i f you can. 11 of knowledge, you know, of having gone through this. 12 THE WITNESS: Two things began happening: 12 And I can syrapathize with you. I tiad surgery 13 My left leg began becoming numb, and at the same 13 rayself, but mine was pretty easy, i n 1998. 14 time,rayback was beginning to hurt, and I thought 14 So prior to 2009, your back problems didn't 15 that they were the same injury. 15 cause you any problems, but then at some point in 16 MR. CURRAN: Q. And you started noticing 16 2009, these two things started happening: . Your left 17 those two things in 2009? 17 leg-started.becoming numb, and your back was 18 A. To the best of my recollection, that's 18 beginning to hurt. 19 correct. 19 All that is accurate, true? 20 Q. What portion of your left leg started 20 A. Yes. , 21 becoming nunib in 2009? 21 MR. HASHEMI: ,A leading question. 22 A. My l e f t quad. 22 Objection. 23 Q. So you're talking about the quadriceps 23 You may answer i f you can. 24 muscle, vdiich is the big muscle in all of our 24 MR. CURRAN: Q. And let me make something 25 thighs? 25 clear -- this is another deposition fundamental that Page 2 6 Page 2 8 1 A. Yes. 1 I'm'"sure your lawyer has told you about -- your 2 The condition is called meralgia 2 lawyer can put.objections on the record, but unless 3 paresthetica. 3 he'instructs you not to answer. Officer Ridge, go 4 Q. Okay. You got me on that one. 4 ahead and answer the question. 5 Could you take your time and spell i t for 5 Do you understand that, sir? 6 the record, please? Go real slow. Do your best. 6- I A. Yes. • 7 We know you're not a doc. 7 Q. That's why it's good to leave a pause, 8 A. Yes, i t ' s M-E-R-A-L-G-I-A. Paresthetica is 8 because he might instmct you not to answer, but 9 a separate word, P-A-R-E-S-T-H-I-T-I-C-A [sic]. 9 barring that, go ahead and answer. 10 Q. And you, in addition to the numbness, also 10 And also I ' l l point out. Counsel, this is 11 mentioned that your back was beginning to hurt. 11 cross-examination. You know, I'm obviously 12 Can you be a little more specific about 12 .representing the party that is adverse to 13 what area of your back was hurting? 13 Officer Ridge, so the whole deposition is going to . 14 A. L4-L5, L5-S6 -- or Sl. 14 be leading questions. Iliat's completely right. 15 Q. Well, you just listed two spots at which we 15 '-. ' MR. HASHEMI: I'understand." I just.want to 16 have intervertebral discs. 16 - preserve them for the record. 17 And so I understand that you ma^e leamed 17 MR. CURRAN:, Well, I'm just,telling you 18 later that the problem was inpingement on the nerve 18 .- that :-- and you don't need to take my word for i t . 19 roots that emanated from between those two spots, 19 .You can check with anybody in your office -- that 20 but all I was asking is, you know, you said two 20 when.you've got a defendant in an employment case 21 things happened in 2009: One was the numbness and 21 and that lawyer is asking your client, a plaintiff, 22 one was some back pain. 22 questions that are leading, i t ' s not appropriate to 23 Was it actually pain that manifested itself 23 make an objection based on leading questions, but 24 in your back or was i t down your legs or something? 24 : I'm not trying to argue with you or start a fight. 25 MR. HASHEMI: Objection. Lack of 25 I just want to save us time. Page 27 Page 2 9