On April 26, 2019 a
Order
was filed
involving a dispute between
Ching Fen Huang,
Hsi Keng Huang,
Hsi Keng Huang,
Sz Hua Huang,
Sz Hua Huang,
Wei Lun Huang,
Trinity Huang,
Tristan Huang,
and
Tesla Inc.,
Tesla, Inc.,
The State Of California, Department Of Transportation,
for Other PI/PD/WD Unlimited (23)
in the District Court of Santa Clara County.
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
HONORABLE LORI E. PEGG – DEPARTMENT 5
Clerk: E. De Santiago Date: 4/24/2024
Reporter: Andrea Ignacio CSR# 9830 Case Number: 19CV346663
Attorneys for Plaintiffs:
Sz Huang, et al., Doris Cheng, Mark Fong,
Michael Kelly, Andrew McDevitt,
Plaintiffs, Seema Bhatt, Nick Vardeh
vs.
State of California, Department of Transportation, Attorneys for Def. State of CA, etc.:
(AKA: Caltrans), Landa Low, Rosemary Love,
Philip DiBoise
Defendant.
_____________________ DAY 13 – Jury Trial __ ____ _______
9:07 am Court is in session with all above parties present, including the Jury and four alternate jurors.
The plaintiff is present in the courtroom.
Plaintiff’s attorney Kelly presents Opening Statement.
10:13 am Court admonishes and excuses the Jury for the morning break.
10:35 am Court is in session with all above parties present, including the Jury and four alternate jurors.
Defendant’s attorney Low presents Opening Statement.
11:38 am Court admonishes and excuses the Jury for the lunch break.
1:35 pm (not reported) Plaintiff’s attorney Cheng lodges with the Court a deposition transcript of Terry
Gutierrez, dated 3/3/21.
1:42 pm Court is in session with all above parties present, including the Jury and four alternate jurors.
Terry Gutierrez, Caltrans Maintenance Superintendent, is sworn and takes the stand on
behalf of the Plaintiffs.
Plaintiff’s attorney Cheng conducts direct examination.
The following exhibits are marked for identification on behalf of the Plaintiffs:
Plaintiff’s exhibit 31B – Caltrans’ statewide list of maintenance stations. Dated 2020.
Plaintiff’s exhibit 414 – One page picture of the US-101S and SR-85 onramp.
Plaintiff’s exhibit 24 - Memo from Tony Tavares establishing a protocol for maintaining
damaged safety devices, such as crash attenuators. Dated 07/31/15.
Plaintiff’s exhibit 39 - 34 page excerpt from IMMS Work Order Report, which records in detail
the work Caltrans did near the subject crash attenuator, as well as patrols around the subject
crash attenuator. Dated 03/06/15 to 03/26/18.
Court admits Plaintiff’s exhibits 31B, 24 and 39 (page 3 only) into evidence.
3:00 pm Court admonishes and excuses the Jury for the afternoon break.
3:21 pm Court is in session with all above parties present, including the Jury and four alternate jurors.
Terry Gutierrez resumes the stand, still under oath.
Plaintiff’s attorney Cheng continues direct examination.
The following exhibits are marked for identification on behalf of the Plaintiffs:
April 24, 2024 Huang vs. State of California, Dept. of Transportation
Case # 19CV346663
Page 1 of 2
Plaintiff’s exhibit 32 – Seven page excerpt from the Caltrans Maintenance Manual, Vol. II,
Chapter 4, describing maintenance type and priority code. Dated 07/16.
Plaintiff’s exhibit 21 – Six page excerpt from the Caltrans Maintenance Manual, Vol. II, App. 1,
regarding responsive maintenance of damaged safety devices. Dated 07/16.
Plaintiff’s exhibit 44 – Photograph of the demolished crash attenuator with Joseph Villabrille’s
truck in the background. Dated 03/20/18.
Plaintiff’s exhibit 45 – Close-up photograph of the demolished crash attenuator. Dated
03/20/18.
Plaintiff’s exhibit 413 –33 page color photographs of the subject gore area and crash
attenuators.
Court admits Plaintiff’s exhibits 32, 21, 44, 45 and 413 into evidence.
4:00 pm Note: Court opens deposition transcript of Terry Gutierrez, dated 3/3/21. Plaintiff’s attorney
Cheng refers witness to page 77, line 6 through pg. 78, line 12.
4:09 pm Defendant’s attorney Love conducts cross examination.
The following exhibits are marked for identification on behalf of the Defendant:
Defendant’s exhibit 2126 – Maintenance Manual Volume I, Chapter M, Section 3 – July 2014
Defendant’s exhibit 2125 – 2016 Maintenance Manual II M80010 Repair Replace Attenuator
Defendant’s exhibit 2122 – Maintenance Manual Vol I, Chpt. 10
Court admits Defendant’s exhibits 2126, 2125 and 2122 into evidence.
4:42 pm Plaintiff’s attorney Cheng conducts redirect examination.
Note: Plaintiff’s attorney Cheng refers witness to page 27, lines 16 through 24.
4:45 pm The witness is excused and steps down from the stand.
Court admonishes and excuses the Jury until Thursday, April 25, 2024, at 9:00 am.
4:46 pm Court is in recess.
April 24, 2024 Huang vs. State of California, Dept. of Transportation
Case # 19CV346663
Page 2 of 2
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA HONORABLE LORI E. PEGG – DEPARTMENT 5 Clerk: E. De Santiago Date: 4/24/2024 Reporter: Andrea Ignacio CSR# 9830 Case Number: 19CV346663 Attorneys for Plaintiffs: Sz Huang, et al., Doris Cheng, Mark Fong, Michael Kelly, Andrew McDevitt, Plaintiffs, Seema Bhatt, Nick Vardeh vs. State of California, Department of Transportation, Attorneys for Def. State of CA, etc.: (AKA: Caltrans), Landa Low, Rosemary Love, Philip DiBoise Defendant. _____________________ DAY 13 – Jury Trial __ ____ _______ 9:07 am Court is in session with all above parties present, including the Jury and four alternate jurors. The plaintiff is present in the courtroom. Plaintiff’s attorney Kelly presents Opening Statement. 10:13 am Court admonishes and excuses the Jury for the morning break. 10:35 am Court is in session with all above parties present, including the Jury and four alternate jurors. Defendant’s attorney Low presents Opening Statement. 11:38 am Court admonishes and excuses the Jury for the lunch break. 1:35 pm (not reported) Plaintiff’s attorney Cheng lodges with the Court a deposition transcript of Terry Gutierrez, dated 3/3/21. 1:42 pm Court is in session with all above parties present, including the Jury and four alternate jurors. Terry Gutierrez, Caltrans Maintenance Superintendent, is sworn and takes the stand on behalf of the Plaintiffs. Plaintiff’s attorney Cheng conducts direct examination. The following exhibits are marked for identification on behalf of the Plaintiffs: Plaintiff’s exhibit 31B – Caltrans’ statewide list of maintenance stations. Dated 2020. Plaintiff’s exhibit 414 – One page picture of the US-101S and SR-85 onramp. Plaintiff’s exhibit 24 - Memo from Tony Tavares establishing a protocol for maintaining damaged safety devices, such as crash attenuators. Dated 07/31/15. Plaintiff’s exhibit 39 - 34 page excerpt from IMMS Work Order Report, which records in detail the work Caltrans did near the subject crash attenuator, as well as patrols around the subject crash attenuator. Dated 03/06/15 to 03/26/18. Court admits Plaintiff’s exhibits 31B, 24 and 39 (page 3 only) into evidence. 3:00 pm Court admonishes and excuses the Jury for the afternoon break. 3:21 pm Court is in session with all above parties present, including the Jury and four alternate jurors. Terry Gutierrez resumes the stand, still under oath. Plaintiff’s attorney Cheng continues direct examination. The following exhibits are marked for identification on behalf of the Plaintiffs: April 24, 2024 Huang vs. State of California, Dept. of Transportation Case # 19CV346663 Page 1 of 2 Plaintiff’s exhibit 32 – Seven page excerpt from the Caltrans Maintenance Manual, Vol. II, Chapter 4, describing maintenance type and priority code. Dated 07/16. Plaintiff’s exhibit 21 – Six page excerpt from the Caltrans Maintenance Manual, Vol. II, App. 1, regarding responsive maintenance of damaged safety devices. Dated 07/16. Plaintiff’s exhibit 44 – Photograph of the demolished crash attenuator with Joseph Villabrille’s truck in the background. Dated 03/20/18. Plaintiff’s exhibit 45 – Close-up photograph of the demolished crash attenuator. Dated 03/20/18. Plaintiff’s exhibit 413 –33 page color photographs of the subject gore area and crash attenuators. Court admits Plaintiff’s exhibits 32, 21, 44, 45 and 413 into evidence. 4:00 pm Note: Court opens deposition transcript of Terry Gutierrez, dated 3/3/21. Plaintiff’s attorney Cheng refers witness to page 77, line 6 through pg. 78, line 12. 4:09 pm Defendant’s attorney Love conducts cross examination. The following exhibits are marked for identification on behalf of the Defendant: Defendant’s exhibit 2126 – Maintenance Manual Volume I, Chapter M, Section 3 – July 2014 Defendant’s exhibit 2125 – 2016 Maintenance Manual II M80010 Repair Replace Attenuator Defendant’s exhibit 2122 – Maintenance Manual Vol I, Chpt. 10 Court admits Defendant’s exhibits 2126, 2125 and 2122 into evidence. 4:42 pm Plaintiff’s attorney Cheng conducts redirect examination. Note: Plaintiff’s attorney Cheng refers witness to page 27, lines 16 through 24. 4:45 pm The witness is excused and steps down from the stand. Court admonishes and excuses the Jury until Thursday, April 25, 2024, at 9:00 am. 4:46 pm Court is in recess. April 24, 2024 Huang vs. State of California, Dept. of Transportation Case # 19CV346663 Page 2 of 2