Preview
at
FILED
SAN MATEO COUNTY
TERESA LI (SBN 278779 APR 17 2024
LAW OFFICES OF TERESA LI, PC
Mailing Address: Glerk “: epee: Court
548 Market St.
PMB 24496
San Francisco, California 94104-5401
Physical Address:
2542 S. Bascom Avenue, Ste. 250
Campbell, CA 95008
Telephone: (415) 423-3377
Facsimile: (888) 646-5493
Email: teresa@lawofficesofteresali.com
Attorneys for Plaintiffs
FRANKCO LEE AND CHING LEE
10
SUPERIOR COURT - STATE OF CALIFORNIA
11
COUNTY OF SAN MATEO - UNLIMITED JURISDICTION
12
13 FRANKCO LEE and CHING LEE, Case No. 22-CIV-05292
14 Plaintiffs, STIPLUATION RE FILING MEDICAL
RECORDS UNDER SEAL AND MOVING
15 Vv.
THE HEARING DATE FOR MOTION TO
16 MILWAUKEE ELECTRIC TOOL DISQUALIFY DEFENSE LAW FRIM
CORPORATION and ADAM TAYLOR FROM SEPTEMBER 16, 2024,TO JUNE 5.
17 KERREL aka ADAM KERZEL, and DOES 2024
1-15,
18 ASSIGNED TO FOR ALL PURPOSES: THE|
Defendants. HON. RAYMOND V. SWOPE
19
Complaint Filed: 12/16/2022
20 Ex Parte: 9/17/2024
Time: 1:30 pm
21
22 THE PARTIES HERETO STIPULATE AS FOLLOWS:
23 1 On April 16, 2024, Plaintiffs FRANKCO LEE and CHING LEE filed a Motion to
24 Disqualify Defense Firm.
25 2 The first available hearing date for the motion is September 16, 2024.
26 3. However, the Court has ordered parties to mediate before a trial date can be
27 assigned.
28 4 Defendants would like to complete PlaintiffFrankco Lee’s deposition before
T
{049416-Spdatone
Sol Mai! Rode Hong Dt dee
STIPULATION
mediation.
5 The hearing for order to show cause regarding why the mediation has not been
completed is set for June 13, 2024.
6. Both parties would like to resolve the issue of disqualification of defense law firm
in a speedy manner.
7 In support of the Motion to Disqualify Defense Firm, certain exhibits relate to
Plaintiff Frankco Lee’s medical records that are protected by the patient-physician privilege
(Evid. Code § 994) and privacy. These two documents are (1) Exhibit 2 to Frankco Lee’s
deposition which is enclosed to the motion as part of the Exhibit J to Declaration of Teresa Li in
10 Support of the Motion to Disqualify Defense Firm; (2) Exhibit O to Declaration of Teresa Li in
i Support of the Motion to Disqualify Defense Firm.
12 8 On April 15, 2024, Plaintiffs filed the above-mentioned documents conditionally
13 under seal.
14 AGREEMENT AND STIPLUATION:
15 A. The hearing for Motion to Disqualify Defense Law Firm can be set on June 3,
16 2024 subject to the Court’s availability;
17 B Under California Rules of Court Rule 2.5550 good cause exists that the Exhibit 2
18 of Frankco Lee’s deposition which is enclosed to the Motion as Exhibit J to Declaration of
19 Declaration of Teresa Li in Support of the Motion to Disqualify Defense Firm should be filed
20 under seal and only the attached redacted. copy should be included in the public record [Exhibit
21 Al.
22 Cc. Under California Rules of Court Rule 2.5550 good cause exists that the Exhibit O
23 to Declaration of Teresa Li in Support of the Motion to Disqualify Defense Firm should be sealed
24 and filed under seal and only the attached redacted copy should be included in the public record
25 [Exhibit B]
26 D. The parties submit, agree, and stipulate that the proposed redactions are narrowly
27 tailored to protect the overriding confidentiality of Plaintiff's medical records regarding alleged ag
28 balanced against the right of public access.
20240416 Spa e Seal Medal acne Haag Dut doe
STIPULATION
Dated: April 16, 2024 LAW OFFICES OF TERESA LI, PC
Brine
Attorneys for Plaintiffs
FRANKCO LEE AND CHING LEE
Dated: April 16, 2024 GORDON REES SCULLY MANSUKHANI,
LLP
B
10 BRETT T. MORONEY.
MELISSA FAIRBROTHER
11 Attorneys for Defendants
MILWAUKEE ELECTRIC TOOL
12 CORPORATION’ ADAM TAYLOR
KERREL, AKA, ADAM KERZEL
13
:
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
20¢0116- Seton Su Mati! Rand and Hoag Do dock
STIPULATION
EXHIBIT A
EXHIBITJ
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR COUNTY OF SAN MATEO
FRANKCO LEE and CHING LEE,
Plaintiffs,
vs. CASE NO. 22-CIV-05292
MILWAUKEE ELECTRIC TOOL
CORPORATION; ADAM TAYLOR
KERREL, AKA ADAM KERZEL; and
DOES 1 to 15, inclusive,
Defendants.
10
11
12
13
14
15
16 VIRTUAL ZOOM DEPOSITION OF FRANKCO LEE
17 San Francisco, California
18 Wednesday, February 21, 2024
19
20
21
22
23
Reported by:
24 MARGARET E. HAYWARD
CSR No. 12459
25 JOB No. 6465187
‘Page 1
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
MS. LI: There is no question pending. I think
we should take a break. You're about to ask another
question.
MS. FAIRBROTHER: Yeah. I want to finish this
line of questioning first. Then we can -- then we can
go, but I checked in with Mr. Lee. He seems like he's
fine.
MS. LI: Mr. Lee, do you want to take a break?
MS. FAIRBROTHER: Are you nodding your head,
10 Counsel?
11 MS. ‘LI : Mr. Lee, do you want to take a break?
12 THE WITNESS: Yes, if we could.
13 MS. FAIRBROTHER: Okay. Let's take a break.
14 (A short break was taken.)
15 MS. FAIRBROTHER: We're going to: go back on the
16 record.
17 Q Okay. We're going
to test out are exhibit
18 share here. T marked something as EXRIBIE No.2. I
19 mean, our technician
is: going help us with ‘it.
20 (Deposition EXHIBIE—J was marked for
21 identification’ by ‘the court: reporter.)
22 BY MS. FAIRBROTHER:
23 Q Can you-see.
this ‘document, Mr..Lee, that’s up
24 on the screen?
25 A Yes.
Page 74_
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
Q Okay. If you'll notice, if: you “look at: the
top,-itvhas your. hatie-on ‘the right-hand.side. at the top;
and on the left=hand side it says, "Kaiser Permanente. "
A Yes.
Q And down. below that it'says 2/23/2021. Do: you
see’ that?
A What? Yeah.
Q Okay.: It says: "Adult: Family Medicine." So
this would ‘have been a.couple months before.’the
10 accident;.. correct? This: would ave been February of
11 2021, and the accident was.in April of 2021; is-that
12 right?-
13 A Yes. That's February 23, yes.
14 Q Okay. You'll agree with me this is a couple
15 months before the accident; right?
16 A Yeah;: couple months before :the-accident.
17 Q Okay. And it says you went ‘in -- ‘it indicates
18 a physical examination,
and’ then it lists some -+-
19 MS..LI: Counsel, ‘thi record should..have been
20 redacted. How did you receive an unredacted version?
21 MS. FATRBROTHER: They “produced | it. because’ ‘you
22 waited. too long to send the redaction.
23 MS.) LI: There is no’agreement* that unredacted
24 record has-to bé -produced. I object -to. this line ‘of
25 questioning. I'm going-to seek’sanctions against your
.Page 75
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
firm. You should never have --
MS. FAIRBROTHER: You'll have --
MS. LI: -- client privacy right. They. should
never have been produced
it. There --
MS. FAIRBROTHER: Counsel, Counsel --
MS. LIs -- stipulation on this issue --
MS.. FAIRBROTHER: I disagree with --
MS. LI: You. never’ told me --
MS. FAIRBROTHER? Let me know when ‘you're done.
10 Then I'll respond.
11 MS. LI:, We're not going to proceed with
12 unredacted records. That'sa violation of ‘my client's.
13 right to. privacy. They should never have produced it,
14 and your firm had never ‘informed
that you have this
15 record. You just put it on the screen right now.
16 MS. FAIRBROTHER: All --
17 MS. LI: You should
--.
18 MS. FAIRBROTHER: Let*me know. --
19 THE REPORTER:. Wait. Both of you please one at
20 a time. Please. So I can get. an accurate record.
21 MS. FAIRBROTHER: Okay. So, Teresa, let me
22 know when you're done talking
so we don't talk over one
23 anotheér.: Okay?
24 MS. LI: We're not going to take any deposition
25 regarding unredacted records. That's not ~- that's
Page 76
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
violation of Britt vs:.Superior Court, and I will ask
sanctions against your firm.
MS. FAIRBROTHER: Okay. So for the record,
there was an agreement between us that you would have so
long to redact the documents. I asked over and over and
over again for them, and the court reporting -- or the
Subpoena service didn't. get any information from you.
So they produced the documents.
MS. LI: That's not true. I have --
10 MS. FAIRBROTHER: Yes, it is true.
11 MS. LI: It doesn't matter. Nobody told me.
12 That there is no reason, no basis to produce. I took so
13 long because I. have technical issues on my side. I also
14 told you that I was working on it. I was going to send
15 them to you.
16 Your office should have told me that. you have
17 unredacted records, and this sounds that your
18 Subpoenaing company is intentionally violating the law
19 of California constitutional law Britt vs. Superior
20 Court, which is a.Supreme Court case. We're -- if you
21 have questions about none of these unredacted records,
22 we go ahead and I'm. not going to allow my.client to be
23 deposed. I'm going to seek sanctions against your firm
24 and your Subpoenaing company. That is completely
25 outrageous.
Page 77
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
MS. FAIRBROTHER: I -=
MS. LI: This +-
MS. FAIRBROTHER: Every time I start you are
talking over me. So are you, done?
MS.. LI: No. You have’ not told me that you
have unredacted records. In fact; all the communication
was you asking me for records and delaying my client's
depositions. And I told you again:and again I'm working
on it, and I had a téchnical difficulty with file
10 migration with my firm.
11 These records were due to the file. It
12 couldn't.be zoomed to-my computer. That was the reason.
13 I told-you that I was working’on it. And -not any time
14 until right now, ‘February
21, 1:52, you pop up on the
15 unrédacted records. Never once you told me that your
16 firm actually received unredacted records.
17 That's a complete: violation of my client's
18 right, and I will seek sanction against you and your
19 firm, ‘you specifically, and report you to the bar. This
20 is unbelievable.
21 MS. FAIRBROTHER: Teresa, can you --
22 MS. LI: Do not interrupt.. You do riot get to
23 interrupt. Over 10 years I work as personal injury
24 attorney, I have never seen so outrageous like this.
25 MS. FAIRBROTHER: Okay.
Page 78
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
MS. L I'm on the plaintiff's side; I've
never seen any defense doing that. You just hit: the
Holy Grail. This is unbelievable.
MS. FAIRBROTHER: Tellme when you're done
because we're only. going to listen to this tirade for so
long. Okay? Now you ‘said it 3 times. You said 3
times, and 3 times I told you that I asked for ‘the
records. over and over. again. We had an agreement that
you would have it redacted within a certain amount of
10 time.
11 If you want to take it up with,the Subpoena
12 service, take it. up with. them, They produced the
13 records. They. looked, and the time had passed when you
14 were going to redact the records. That's it. That's
15 true. That is true. So that's what happened.
16 So -- so do you want +- do you want
to call the
17 depo now? What is it. that you're willing to do ‘here?
18 MS. LI: If you have any questions that are not
19 related to this Subpoenaed records , you-can ask,
20 Otherwise, you are not’ allowed. to. ask any questions
21 about Subpoenaed records that are unredacted. I'm going
22 to seek the sanctions against you and your firm --
23 MS. FAIRBROTHER: Okay.
24 MS. LI: Do not speak when I talk, Ms. -~
25 MS. FAIRBROTHER: You know what? You'ré-not --
Page 79
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
MS.: LI: Do not’ speak--—
MS. FATRBROTHER: You"re- being .+-!no;- but
you're shouting.’--
MS.. LI? Hey, ‘do -you understand only oné. person
can talk? Please’do not cut in. You've ‘been: doing it
the entire time. Okay? Your Subpoenaing company isan
agent of your: law firm because it's the-law firm chose
to hire them. Don't blame it ‘on the Subpoénaing
company.
10. Other. than: your instruction
and your
il responsible for your, agent's -conduct, you and” your
12 attorney review and recéive these records. You =+ it's
13 a sanctionable: conduct.
14 MS. FAIRBROTHER: Counsel, you're ‘not: -= ,
15 MS. LIs Don't crosstalk.
16 MS.. FAIRBROTHER: Counsel; you're not ‘saying
17 anything. new. You're not: saying anything new. You're
18 just -saying the same ‘thing over.‘and over’ again. You
19 said the ‘same Supreme Court case twice, vhatevar:. So
20 okay. Are you done?
21 MS; LI: - It's’ <=
22 MS. FATRBROTHER: Cross talk.
23 MS. Lt: -- ‘argument about take'.-- take it --
24 MS. FAIRBROTHER: Can I make. -~
25 MS. LI: I'm telling “you your Subpoenaing
Page 80
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
company is your firm's agent. You are -=
MS. FAIRBROTHER: You said that 2 times. I'get
what you're saying. I get what you're saying.’ You said
it 2 times. I get it.
What do -- what do you. want to ptopose’at this
point because I. don't want to -= I do not want to stay
on the record and it is just a bunch of argument. Let's
save the argument for the. court
and let's move forward.
MS. LI: I would like*to meet and confer and
10 tell me exactly when you actually
got the record and all
11 the communication between your firm and Subpoenaing
12 company.
13 We will issue the file‘for motion for sanctions
14 and terminating sanctions against your firm, and I'll
15 report you'to the State Bar for your misconduct.
16 MS. FAIRBROTHER: So are you done with that
17 now? Can.
we move on?
18 MS. LI Do you have any.-- I'm saying it
19 again. Third time --
20 MS. FAIRBROTHER: I don't -- I just --..i want
21 you to --
22 MS. LI: -- deposition.
23 MS. FAIRBROTHER: Pardon?
24 MS. LI: If you have any questions that are
25 unrelated to the medical records that shouldn't have
Page 81
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
been disclosed to you, you can ask him now.
Otherwise, we,'1l1 terminate the deposition.
You're not allowed.to ask any quéstion outside of these
medical records.
MS. FAIRBROTHER: Okay. Let's do this: I'm
going to move forward. I have all kinds of questions,
and you can instruct him not to answer and do what you
need to do. So --
MS. LI: No. We're not going to move forward.
10 MS. FAIRBROTHER: I‘m moving forward. You
11 haven't heard my question yet. You don't know if it's
12 objectionable.
13 MS. LI: You just told me you had all ‘kinds of
14 questions with the inclination toning:that's very
15 sarcastic. I'm not going to go through that and spend
16 the rest of my day doing that.
17 If you have any questions that are unrelated to
18 the medical records that shouldn't -- your office should
19 never have gotten,. you can ask him now but --
20 MS. FAIRBROTHER: I am, because you keep
21 talking,I am -- you keep talking --
22 MS. LI: Different questions. Please do not
23 interrupt. I'm not going to sit through the-rest of the
24 day for you to keep asking random questions that: are
25 related to unredacted medical records that your office
Page 82
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
should not have received.
MS. FAIRBROTHER: Counsel -- Counsel; either
you're going to have
to walk away now, or you're going
to have wait until the next question:comes along:.and
then object.
MS. “LI: If she's. going. to let:me go through
the rest of the day with question related to the medical
record that she shouldn't. be asking any question
about --
10. MS. FAIRBROTHER: I've got plenty of other
il questions.
12 MS. LI: Let me make the record again. I'm
13 going to have to resaid again because opposing counsel
14 kept interrupting. I. could not record everything. I'm
15 going to make the record again.
16 If you, Ms. Fairbrother, is going to continue
17 ask questions again and again for the rest of the
18 afternoon with respect to the record that she.should not
19 have’ gotten, these Kaiser records that's unredacted that
20 have been redacted, and my firm produced redacted
21 version, if you're going to ask the question, I'm going
22 to ask the Court for sanctions for reasonable fees and
23 attorney fee time, and my client spends his entire
24 afternoon here. My. suggestion for you is to ask
25 questions that are unrelated to these records that's at
Page 83
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
MS. LI: Again, I'm going to take a break.
Okay? I'm going to take a break. It's 2:30. It's been
an hour. He needs to take a break. Otherwise, he's not
going to be able to think straight.
v
BY MS. FAIRBROTHER:
Q Mr. Lee --
A Are we taking a break?
MS. LI: Yes. We'll be back in 5 minutes.
THE WITNESS: Okay. Please.
10 MS. FAIRBROTHER: Let's go off the record for
11 5 minutes.
12 (A short break was taken.)
13 MS. LI: We're on the record. I just want to
14 say that, regarding the medical records, my firm did
15 produce the redacted versions. So deposing counsel has
16 redacted version.
17 . If you have questions about redacted version of
18 the medical records, I will also encourage you to ask
19 those questions today, but we will not allow you to ask
20 questions regarding unredacted version.
21 MS. FAIRBROTHER: Well, you and I can take up
22 the issue of redaction versus the nonredaction later.
23 I'm going to go forward with asking other things at this
24 point.
25 MS. LI: As I said, I'm not going to allow to
Page 103
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
be called back to be asked about the redacted version or.
unredacted version of the medical records.
MS. FAIRBROTHER: Okay. Well, the redacted
version kind of redacted:.everything from it, but I don't
want -- I don't want to waste any more time discussing
that right now.
MS. LI: I --
MS. FAIRBROTHER:. Excuse me. Still talking. I
heard what you had to say. You made your record. I'm
10 going.to go forward and ask questions. Okay?
11 MS. LI: I'm =-
12 MS. FAIRBROTHER: It's on the récord.
13 MS. LI: Okay. The redacted version is not
14 almost everything. All the body part were not redacted,.
15 and the injury at issue was’ not redacted.
16 MS. FAIRBROTHER: Okay.., We can, argue about
17 that later. I-don't. want to usé the time to-do that
18 now. You made your objection. You've created: your
19 record, and I'm going to move forward.
20 MS. LI: Only it's also for the Court. I would
21 like to finish my objection. We: would go much faster if
22 you stop interrupting me.
23 So’ you: made the statement that I almost
24 redacted ‘everything. That's a very cutsie statement
25 when, in fact, it's not true. The injury at issue and
Page 104
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
body parts at issue were not redacted. You have the
records on the body parts and the. injury at issue.
The redacted versions are the stuff that your
firm, frankly, should not be in the position to
represent a defendant in this cdse. I. would ask for
disqualification of your law firm.
And I see that you're looking at your nails,
your fingers as if you don't really take this seriously.
I know we're not video recording this. I would like to
10 make the record just how unserious you have been acting
11 in this case, treating my client as if some sort of liar
12 and trample his constitutional right of. privacy and
13 knowingly violated Britt vs. Superior Court, which is a
14 Supreme Court case. This is a serious issue.
15 MS. FAIRBROTHER: Everybody --
16 MS. LI: Take this seriously.
17 MS. FAIRBROTHER: Everybody thinks it's a
18 serious issue. I do-not think it's not. serious... I talk
19 with my hands, and it doesn't really affect anything
20 regarding what I'm asking.
21 Q Okay. So, Mr. Lee, are you ready to move
22 forward?
23 A Yes.
24 Q Okay. Thank you. Now, I want to find out.
25 After you got out of the car on the day of the accident,
Page 105
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
blank minded. What do you mean by that?
A Brain fog.
Q Okay. That's the same thing as --
A It's -- yeah. Maybe my language skill I don't
know. Just my empty or don't know anything and even
couldn't pay attention to anything. Just -- just --
just -- just brain fog.
Q Okay. Do you recall what you felt like when
you were in the ambulance riding to the hospital?
10 A Do I remember --
11 Q What you felt like other than brain fog. Let
12 me ask a better question.
13 Did you -- did you notice any pain or issues
14 when you were. in the ambulance going to the hospital?
15 A Oh, I feel lots of pain.
16 Q Can you describe it-for me?
17 A Oh, I have head pain, shoulder pain, chest
18 pain, and back pain, all over my -- my body. The pain
19 is all over my body. I couldn't describe which part is
20 how strong, how -- I just feel pain all over my body.
21 Q Okay. I want to make sure I heard everything
22 that you said. I think I heard most of it. I think you
23 said you had chest -- you had pain in your chest; is
24 that right?
25 A Yes.
Page 115
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
Oh, yes. Sometimes.
Okay.
Numbness in the fingers and the toes.
Okay. And then you're saying blurry vision?
Yeah, yeah.
Okay. So --
MS. LI: Sorry he also said dizziness.
MS. FAIRBROTHER: There was one I couldn't
understand. Okay.
10 Q So I want to make sure that I'm getting
11 everything. Okay? Sometimes --
12 A Yes, yes.
13 Q -- it's difficult for me to understand you. So
14 I'm going to say the list again. You tell me if we're
15 missing anything from the list. Okay?
16 A Okay.
17 Q I want to list. everything that-has’ everything
18 on. it. in terms of your injuries. Okay. $0 far (I'm
19 understanding ‘you have ‘Headache, back’ pain, neck pain,
20 leg pain, all-over body. pain that bothers you:a lot,
21 shoulder pain, dizziness;
‘nausea, ringing in your ears,
22 numbness. in your hands, fingers,:and toes,
and blurry
23 vision.
24 A Headaches. You ‘didn't mention héadaches..
25 That's the very. obvious symptoms I have.
Page 148
Veritext Legal Solutions
Calendar-CA @veritext.com 866-299-5127
Q Okay. Okay. Other than that ‘list that. I.just
read. with headachés.at.the top, is there anything else
that you-can’ think of that -you ‘identify ‘as an injury.to ,
your body as a“yesult of .the. accident?
A At the moment,;’that's.=- that's all concluded
for me. So I couldn't ‘think more.
Q Okay.
Margie -- I'm sorry. I don't mean to interrupt
you.
10 Margie, can
Preview
at FILED SAN MATEO COUNTY TERESA LI (SBN 278779 APR 17 2024 LAW OFFICES OF TERESA LI, PC Mailing Address: Glerk “: epee: Court 548 Market St. PMB 24496 San Francisco, California 94104-5401 Physical Address: 2542 S. Bascom Avenue, Ste. 250 Campbell, CA 95008 Telephone: (415) 423-3377 Facsimile: (888) 646-5493 Email: teresa@lawofficesofteresali.com Attorneys for Plaintiffs FRANKCO LEE AND CHING LEE 10 SUPERIOR COURT - STATE OF CALIFORNIA 11 COUNTY OF SAN MATEO - UNLIMITED JURISDICTION 12 13 FRANKCO LEE and CHING LEE, Case No. 22-CIV-05292 14 Plaintiffs, STIPLUATION RE FILING MEDICAL RECORDS UNDER SEAL AND MOVING 15 Vv. THE HEARING DATE FOR MOTION TO 16 MILWAUKEE ELECTRIC TOOL DISQUALIFY DEFENSE LAW FRIM CORPORATION and ADAM TAYLOR FROM SEPTEMBER 16, 2024,TO JUNE 5. 17 KERREL aka ADAM KERZEL, and DOES 2024 1-15, 18 ASSIGNED TO FOR ALL PURPOSES: THE| Defendants. HON. RAYMOND V. SWOPE 19 Complaint Filed: 12/16/2022 20 Ex Parte: 9/17/2024 Time: 1:30 pm 21 22 THE PARTIES HERETO STIPULATE AS FOLLOWS: 23 1 On April 16, 2024, Plaintiffs FRANKCO LEE and CHING LEE filed a Motion to 24 Disqualify Defense Firm. 25 2 The first available hearing date for the motion is September 16, 2024. 26 3. However, the Court has ordered parties to mediate before a trial date can be 27 assigned. 28 4 Defendants would like to complete PlaintiffFrankco Lee’s deposition before T {049416-Spdatone Sol Mai! Rode Hong Dt dee STIPULATION mediation. 5 The hearing for order to show cause regarding why the mediation has not been completed is set for June 13, 2024. 6. Both parties would like to resolve the issue of disqualification of defense law firm in a speedy manner. 7 In support of the Motion to Disqualify Defense Firm, certain exhibits relate to Plaintiff Frankco Lee’s medical records that are protected by the patient-physician privilege (Evid. Code § 994) and privacy. These two documents are (1) Exhibit 2 to Frankco Lee’s deposition which is enclosed to the motion as part of the Exhibit J to Declaration of Teresa Li in 10 Support of the Motion to Disqualify Defense Firm; (2) Exhibit O to Declaration of Teresa Li in i Support of the Motion to Disqualify Defense Firm. 12 8 On April 15, 2024, Plaintiffs filed the above-mentioned documents conditionally 13 under seal. 14 AGREEMENT AND STIPLUATION: 15 A. The hearing for Motion to Disqualify Defense Law Firm can be set on June 3, 16 2024 subject to the Court’s availability; 17 B Under California Rules of Court Rule 2.5550 good cause exists that the Exhibit 2 18 of Frankco Lee’s deposition which is enclosed to the Motion as Exhibit J to Declaration of 19 Declaration of Teresa Li in Support of the Motion to Disqualify Defense Firm should be filed 20 under seal and only the attached redacted. copy should be included in the public record [Exhibit 21 Al. 22 Cc. Under California Rules of Court Rule 2.5550 good cause exists that the Exhibit O 23 to Declaration of Teresa Li in Support of the Motion to Disqualify Defense Firm should be sealed 24 and filed under seal and only the attached redacted copy should be included in the public record 25 [Exhibit B] 26 D. The parties submit, agree, and stipulate that the proposed redactions are narrowly 27 tailored to protect the overriding confidentiality of Plaintiff's medical records regarding alleged ag 28 balanced against the right of public access. 20240416 Spa e Seal Medal acne Haag Dut doe STIPULATION Dated: April 16, 2024 LAW OFFICES OF TERESA LI, PC Brine Attorneys for Plaintiffs FRANKCO LEE AND CHING LEE Dated: April 16, 2024 GORDON REES SCULLY MANSUKHANI, LLP B 10 BRETT T. MORONEY. MELISSA FAIRBROTHER 11 Attorneys for Defendants MILWAUKEE ELECTRIC TOOL 12 CORPORATION’ ADAM TAYLOR KERREL, AKA, ADAM KERZEL 13 : 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 20¢0116- Seton Su Mati! Rand and Hoag Do dock STIPULATION EXHIBIT A EXHIBITJ SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR COUNTY OF SAN MATEO FRANKCO LEE and CHING LEE, Plaintiffs, vs. CASE NO. 22-CIV-05292 MILWAUKEE ELECTRIC TOOL CORPORATION; ADAM TAYLOR KERREL, AKA ADAM KERZEL; and DOES 1 to 15, inclusive, Defendants. 10 11 12 13 14 15 16 VIRTUAL ZOOM DEPOSITION OF FRANKCO LEE 17 San Francisco, California 18 Wednesday, February 21, 2024 19 20 21 22 23 Reported by: 24 MARGARET E. HAYWARD CSR No. 12459 25 JOB No. 6465187 ‘Page 1 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 MS. LI: There is no question pending. I think we should take a break. You're about to ask another question. MS. FAIRBROTHER: Yeah. I want to finish this line of questioning first. Then we can -- then we can go, but I checked in with Mr. Lee. He seems like he's fine. MS. LI: Mr. Lee, do you want to take a break? MS. FAIRBROTHER: Are you nodding your head, 10 Counsel? 11 MS. ‘LI : Mr. Lee, do you want to take a break? 12 THE WITNESS: Yes, if we could. 13 MS. FAIRBROTHER: Okay. Let's take a break. 14 (A short break was taken.) 15 MS. FAIRBROTHER: We're going to: go back on the 16 record. 17 Q Okay. We're going to test out are exhibit 18 share here. T marked something as EXRIBIE No.2. I 19 mean, our technician is: going help us with ‘it. 20 (Deposition EXHIBIE—J was marked for 21 identification’ by ‘the court: reporter.) 22 BY MS. FAIRBROTHER: 23 Q Can you-see. this ‘document, Mr..Lee, that’s up 24 on the screen? 25 A Yes. Page 74_ Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 Q Okay. If you'll notice, if: you “look at: the top,-itvhas your. hatie-on ‘the right-hand.side. at the top; and on the left=hand side it says, "Kaiser Permanente. " A Yes. Q And down. below that it'says 2/23/2021. Do: you see’ that? A What? Yeah. Q Okay.: It says: "Adult: Family Medicine." So this would ‘have been a.couple months before.’the 10 accident;.. correct? This: would ave been February of 11 2021, and the accident was.in April of 2021; is-that 12 right?- 13 A Yes. That's February 23, yes. 14 Q Okay. You'll agree with me this is a couple 15 months before the accident; right? 16 A Yeah;: couple months before :the-accident. 17 Q Okay. And it says you went ‘in -- ‘it indicates 18 a physical examination, and’ then it lists some -+- 19 MS..LI: Counsel, ‘thi record should..have been 20 redacted. How did you receive an unredacted version? 21 MS. FATRBROTHER: They “produced | it. because’ ‘you 22 waited. too long to send the redaction. 23 MS.) LI: There is no’agreement* that unredacted 24 record has-to bé -produced. I object -to. this line ‘of 25 questioning. I'm going-to seek’sanctions against your .Page 75 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 firm. You should never have -- MS. FAIRBROTHER: You'll have -- MS. LI: -- client privacy right. They. should never have been produced it. There -- MS. FAIRBROTHER: Counsel, Counsel -- MS. LIs -- stipulation on this issue -- MS.. FAIRBROTHER: I disagree with -- MS. LI: You. never’ told me -- MS. FAIRBROTHER? Let me know when ‘you're done. 10 Then I'll respond. 11 MS. LI:, We're not going to proceed with 12 unredacted records. That'sa violation of ‘my client's. 13 right to. privacy. They should never have produced it, 14 and your firm had never ‘informed that you have this 15 record. You just put it on the screen right now. 16 MS. FAIRBROTHER: All -- 17 MS. LI: You should --. 18 MS. FAIRBROTHER: Let*me know. -- 19 THE REPORTER:. Wait. Both of you please one at 20 a time. Please. So I can get. an accurate record. 21 MS. FAIRBROTHER: Okay. So, Teresa, let me 22 know when you're done talking so we don't talk over one 23 anotheér.: Okay? 24 MS. LI: We're not going to take any deposition 25 regarding unredacted records. That's not ~- that's Page 76 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 violation of Britt vs:.Superior Court, and I will ask sanctions against your firm. MS. FAIRBROTHER: Okay. So for the record, there was an agreement between us that you would have so long to redact the documents. I asked over and over and over again for them, and the court reporting -- or the Subpoena service didn't. get any information from you. So they produced the documents. MS. LI: That's not true. I have -- 10 MS. FAIRBROTHER: Yes, it is true. 11 MS. LI: It doesn't matter. Nobody told me. 12 That there is no reason, no basis to produce. I took so 13 long because I. have technical issues on my side. I also 14 told you that I was working on it. I was going to send 15 them to you. 16 Your office should have told me that. you have 17 unredacted records, and this sounds that your 18 Subpoenaing company is intentionally violating the law 19 of California constitutional law Britt vs. Superior 20 Court, which is a.Supreme Court case. We're -- if you 21 have questions about none of these unredacted records, 22 we go ahead and I'm. not going to allow my.client to be 23 deposed. I'm going to seek sanctions against your firm 24 and your Subpoenaing company. That is completely 25 outrageous. Page 77 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 MS. FAIRBROTHER: I -= MS. LI: This +- MS. FAIRBROTHER: Every time I start you are talking over me. So are you, done? MS.. LI: No. You have’ not told me that you have unredacted records. In fact; all the communication was you asking me for records and delaying my client's depositions. And I told you again:and again I'm working on it, and I had a téchnical difficulty with file 10 migration with my firm. 11 These records were due to the file. It 12 couldn't.be zoomed to-my computer. That was the reason. 13 I told-you that I was working’on it. And -not any time 14 until right now, ‘February 21, 1:52, you pop up on the 15 unrédacted records. Never once you told me that your 16 firm actually received unredacted records. 17 That's a complete: violation of my client's 18 right, and I will seek sanction against you and your 19 firm, ‘you specifically, and report you to the bar. This 20 is unbelievable. 21 MS. FAIRBROTHER: Teresa, can you -- 22 MS. LI: Do not interrupt.. You do riot get to 23 interrupt. Over 10 years I work as personal injury 24 attorney, I have never seen so outrageous like this. 25 MS. FAIRBROTHER: Okay. Page 78 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 MS. L I'm on the plaintiff's side; I've never seen any defense doing that. You just hit: the Holy Grail. This is unbelievable. MS. FAIRBROTHER: Tellme when you're done because we're only. going to listen to this tirade for so long. Okay? Now you ‘said it 3 times. You said 3 times, and 3 times I told you that I asked for ‘the records. over and over. again. We had an agreement that you would have it redacted within a certain amount of 10 time. 11 If you want to take it up with,the Subpoena 12 service, take it. up with. them, They produced the 13 records. They. looked, and the time had passed when you 14 were going to redact the records. That's it. That's 15 true. That is true. So that's what happened. 16 So -- so do you want +- do you want to call the 17 depo now? What is it. that you're willing to do ‘here? 18 MS. LI: If you have any questions that are not 19 related to this Subpoenaed records , you-can ask, 20 Otherwise, you are not’ allowed. to. ask any questions 21 about Subpoenaed records that are unredacted. I'm going 22 to seek the sanctions against you and your firm -- 23 MS. FAIRBROTHER: Okay. 24 MS. LI: Do not speak when I talk, Ms. -~ 25 MS. FAIRBROTHER: You know what? You'ré-not -- Page 79 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 MS.: LI: Do not’ speak--— MS. FATRBROTHER: You"re- being .+-!no;- but you're shouting.’-- MS.. LI? Hey, ‘do -you understand only oné. person can talk? Please’do not cut in. You've ‘been: doing it the entire time. Okay? Your Subpoenaing company isan agent of your: law firm because it's the-law firm chose to hire them. Don't blame it ‘on the Subpoénaing company. 10. Other. than: your instruction and your il responsible for your, agent's -conduct, you and” your 12 attorney review and recéive these records. You =+ it's 13 a sanctionable: conduct. 14 MS. FAIRBROTHER: Counsel, you're ‘not: -= , 15 MS. LIs Don't crosstalk. 16 MS.. FAIRBROTHER: Counsel; you're not ‘saying 17 anything. new. You're not: saying anything new. You're 18 just -saying the same ‘thing over.‘and over’ again. You 19 said the ‘same Supreme Court case twice, vhatevar:. So 20 okay. Are you done? 21 MS; LI: - It's’ <= 22 MS. FATRBROTHER: Cross talk. 23 MS. Lt: -- ‘argument about take'.-- take it -- 24 MS. FAIRBROTHER: Can I make. -~ 25 MS. LI: I'm telling “you your Subpoenaing Page 80 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 company is your firm's agent. You are -= MS. FAIRBROTHER: You said that 2 times. I'get what you're saying. I get what you're saying.’ You said it 2 times. I get it. What do -- what do you. want to ptopose’at this point because I. don't want to -= I do not want to stay on the record and it is just a bunch of argument. Let's save the argument for the. court and let's move forward. MS. LI: I would like*to meet and confer and 10 tell me exactly when you actually got the record and all 11 the communication between your firm and Subpoenaing 12 company. 13 We will issue the file‘for motion for sanctions 14 and terminating sanctions against your firm, and I'll 15 report you'to the State Bar for your misconduct. 16 MS. FAIRBROTHER: So are you done with that 17 now? Can. we move on? 18 MS. LI Do you have any.-- I'm saying it 19 again. Third time -- 20 MS. FAIRBROTHER: I don't -- I just --..i want 21 you to -- 22 MS. LI: -- deposition. 23 MS. FAIRBROTHER: Pardon? 24 MS. LI: If you have any questions that are 25 unrelated to the medical records that shouldn't have Page 81 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 been disclosed to you, you can ask him now. Otherwise, we,'1l1 terminate the deposition. You're not allowed.to ask any quéstion outside of these medical records. MS. FAIRBROTHER: Okay. Let's do this: I'm going to move forward. I have all kinds of questions, and you can instruct him not to answer and do what you need to do. So -- MS. LI: No. We're not going to move forward. 10 MS. FAIRBROTHER: I‘m moving forward. You 11 haven't heard my question yet. You don't know if it's 12 objectionable. 13 MS. LI: You just told me you had all ‘kinds of 14 questions with the inclination toning:that's very 15 sarcastic. I'm not going to go through that and spend 16 the rest of my day doing that. 17 If you have any questions that are unrelated to 18 the medical records that shouldn't -- your office should 19 never have gotten,. you can ask him now but -- 20 MS. FAIRBROTHER: I am, because you keep 21 talking,I am -- you keep talking -- 22 MS. LI: Different questions. Please do not 23 interrupt. I'm not going to sit through the-rest of the 24 day for you to keep asking random questions that: are 25 related to unredacted medical records that your office Page 82 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 should not have received. MS. FAIRBROTHER: Counsel -- Counsel; either you're going to have to walk away now, or you're going to have wait until the next question:comes along:.and then object. MS. “LI: If she's. going. to let:me go through the rest of the day with question related to the medical record that she shouldn't. be asking any question about -- 10. MS. FAIRBROTHER: I've got plenty of other il questions. 12 MS. LI: Let me make the record again. I'm 13 going to have to resaid again because opposing counsel 14 kept interrupting. I. could not record everything. I'm 15 going to make the record again. 16 If you, Ms. Fairbrother, is going to continue 17 ask questions again and again for the rest of the 18 afternoon with respect to the record that she.should not 19 have’ gotten, these Kaiser records that's unredacted that 20 have been redacted, and my firm produced redacted 21 version, if you're going to ask the question, I'm going 22 to ask the Court for sanctions for reasonable fees and 23 attorney fee time, and my client spends his entire 24 afternoon here. My. suggestion for you is to ask 25 questions that are unrelated to these records that's at Page 83 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 MS. LI: Again, I'm going to take a break. Okay? I'm going to take a break. It's 2:30. It's been an hour. He needs to take a break. Otherwise, he's not going to be able to think straight. v BY MS. FAIRBROTHER: Q Mr. Lee -- A Are we taking a break? MS. LI: Yes. We'll be back in 5 minutes. THE WITNESS: Okay. Please. 10 MS. FAIRBROTHER: Let's go off the record for 11 5 minutes. 12 (A short break was taken.) 13 MS. LI: We're on the record. I just want to 14 say that, regarding the medical records, my firm did 15 produce the redacted versions. So deposing counsel has 16 redacted version. 17 . If you have questions about redacted version of 18 the medical records, I will also encourage you to ask 19 those questions today, but we will not allow you to ask 20 questions regarding unredacted version. 21 MS. FAIRBROTHER: Well, you and I can take up 22 the issue of redaction versus the nonredaction later. 23 I'm going to go forward with asking other things at this 24 point. 25 MS. LI: As I said, I'm not going to allow to Page 103 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 be called back to be asked about the redacted version or. unredacted version of the medical records. MS. FAIRBROTHER: Okay. Well, the redacted version kind of redacted:.everything from it, but I don't want -- I don't want to waste any more time discussing that right now. MS. LI: I -- MS. FAIRBROTHER:. Excuse me. Still talking. I heard what you had to say. You made your record. I'm 10 going.to go forward and ask questions. Okay? 11 MS. LI: I'm =- 12 MS. FAIRBROTHER: It's on the récord. 13 MS. LI: Okay. The redacted version is not 14 almost everything. All the body part were not redacted,. 15 and the injury at issue was’ not redacted. 16 MS. FAIRBROTHER: Okay.., We can, argue about 17 that later. I-don't. want to usé the time to-do that 18 now. You made your objection. You've created: your 19 record, and I'm going to move forward. 20 MS. LI: Only it's also for the Court. I would 21 like to finish my objection. We: would go much faster if 22 you stop interrupting me. 23 So’ you: made the statement that I almost 24 redacted ‘everything. That's a very cutsie statement 25 when, in fact, it's not true. The injury at issue and Page 104 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 body parts at issue were not redacted. You have the records on the body parts and the. injury at issue. The redacted versions are the stuff that your firm, frankly, should not be in the position to represent a defendant in this cdse. I. would ask for disqualification of your law firm. And I see that you're looking at your nails, your fingers as if you don't really take this seriously. I know we're not video recording this. I would like to 10 make the record just how unserious you have been acting 11 in this case, treating my client as if some sort of liar 12 and trample his constitutional right of. privacy and 13 knowingly violated Britt vs. Superior Court, which is a 14 Supreme Court case. This is a serious issue. 15 MS. FAIRBROTHER: Everybody -- 16 MS. LI: Take this seriously. 17 MS. FAIRBROTHER: Everybody thinks it's a 18 serious issue. I do-not think it's not. serious... I talk 19 with my hands, and it doesn't really affect anything 20 regarding what I'm asking. 21 Q Okay. So, Mr. Lee, are you ready to move 22 forward? 23 A Yes. 24 Q Okay. Thank you. Now, I want to find out. 25 After you got out of the car on the day of the accident, Page 105 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 blank minded. What do you mean by that? A Brain fog. Q Okay. That's the same thing as -- A It's -- yeah. Maybe my language skill I don't know. Just my empty or don't know anything and even couldn't pay attention to anything. Just -- just -- just -- just brain fog. Q Okay. Do you recall what you felt like when you were in the ambulance riding to the hospital? 10 A Do I remember -- 11 Q What you felt like other than brain fog. Let 12 me ask a better question. 13 Did you -- did you notice any pain or issues 14 when you were. in the ambulance going to the hospital? 15 A Oh, I feel lots of pain. 16 Q Can you describe it-for me? 17 A Oh, I have head pain, shoulder pain, chest 18 pain, and back pain, all over my -- my body. The pain 19 is all over my body. I couldn't describe which part is 20 how strong, how -- I just feel pain all over my body. 21 Q Okay. I want to make sure I heard everything 22 that you said. I think I heard most of it. I think you 23 said you had chest -- you had pain in your chest; is 24 that right? 25 A Yes. Page 115 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 Oh, yes. Sometimes. Okay. Numbness in the fingers and the toes. Okay. And then you're saying blurry vision? Yeah, yeah. Okay. So -- MS. LI: Sorry he also said dizziness. MS. FAIRBROTHER: There was one I couldn't understand. Okay. 10 Q So I want to make sure that I'm getting 11 everything. Okay? Sometimes -- 12 A Yes, yes. 13 Q -- it's difficult for me to understand you. So 14 I'm going to say the list again. You tell me if we're 15 missing anything from the list. Okay? 16 A Okay. 17 Q I want to list. everything that-has’ everything 18 on. it. in terms of your injuries. Okay. $0 far (I'm 19 understanding ‘you have ‘Headache, back’ pain, neck pain, 20 leg pain, all-over body. pain that bothers you:a lot, 21 shoulder pain, dizziness; ‘nausea, ringing in your ears, 22 numbness. in your hands, fingers,:and toes, and blurry 23 vision. 24 A Headaches. You ‘didn't mention héadaches.. 25 That's the very. obvious symptoms I have. Page 148 Veritext Legal Solutions Calendar-CA @veritext.com 866-299-5127 Q Okay. Okay. Other than that ‘list that. I.just read. with headachés.at.the top, is there anything else that you-can’ think of that -you ‘identify ‘as an injury.to , your body as a“yesult of .the. accident? A At the moment,;’that's.=- that's all concluded for me. So I couldn't ‘think more. Q Okay. Margie -- I'm sorry. I don't mean to interrupt you. 10 Margie, can