Order: Sz Huang et al vs Tesla Inc. et al

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
                       HONORABLE LORI E. PEGG – DEPARTMENT 5

Clerk: E. De Santiago/C. Rubio                                                         Date: 5/15/2024
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 26 – Jury Trial                         __         ____ _______

8:35am        Outside the presence of the Jury, the Court is in session with all parties present. The plaintiff is
              present in the courtroom. The Court addresses and discusses Exhibits 492, 494, 495, 496, and 497
              presented by the Plaintiffs whether they can be admitted or not as stated.
              Court admits Exhibit 494 into evidence on behalf of the Plaintiffs.
              Defendant’s counsel Low discusses the matter of Exhibit 2067A. Counsel is heard on the matter.
              The Court addresses Defendant’s counsel Low to prepare a stipulation to be presented to the
              Plaintiffs regarding the underlying issues of Request of Admissions as stated.
9:12am        Court is in session with all above parties present, including the Jury and two alternate jurors.
              Stephen Fenton resumes the stand, still under oath.
              Plaintiff’s counsel Kelly continues cross examination.
9:46am        (not reported) Sidebar conference is held.
9:47am        Plaintiff’s counsel Kelly continues cross examination.
10:8am        Note: Plaintiff’s counsel Kelly refers to the witness to Stephen Fenton’s deposition transcript dated
              August 14, 2023, page 102 line 25 to page 103 line 17.
10:08am       (not reported) Sidebar conference is held.
10:09am       Plaintiff’s counsel Kelly continues cross examination.
10:17am       Court is in recess for the mid-morning break.
10:43am       Court is in session with all above parties present, including the Jury and two alternate jurors.
              Stephen Fenton resumes the stand, still under oath.
              Plaintiff’s counsel Kelly continues cross examination.
              The following exhibits are marked for identification on behalf of the Plaintiffs.

              Plaintiff’s exhibit 487-1 - Photo-Fluid Trail and Debris
              Plaintiff’s exhibit 487-2 – Photo-Crash Debris
              Plaintiff’s exhibit 491- Photo-3ds Max Website

11:34am       (not reported) Sidebar conference is held.
11:35am       Plaintiff’s counsel Kelly continues cross examination.
11:40am       Defendant’s counsel Low conducts re-direct examination
11:45am       (not reported) Sidebar conference is held.

                            May 15, 2024 Huang vs. State of California, Dept. of Transportation
                                                Case # 19CV346663
                                                     Page 1 of 3
11:47am   Jury is excused for lunch break.
11:49am   Outside the presence of the Jury, the Court is in session with all parties present. Court admonishes
          witness Stephen Fenton regarding his testimony and reference to excluded animations.
11:51am   Witness Stephen Fenton exits the courtroom.
11:52am   Court and counsel discuss the matter of revisiting a previously ruled upon motion in limine
          regarding expert witness Stephen Fenton. Counsel argues whether Plaintiffs have opened the door
          to additional areas as stated.
12:04pm   Court is in recess.
1:16pm    Outside the presence of the Jury, the Court is in session with all parties present. The plaintiff is
          present in the courtroom. No witness is on the stand. The Court and counsel discuss witness
          Stephen Fenton’s animation whether it may be shown to answer and clarify underlying questions
          when examined by counsel. Court makes its ruling regarding portions of the animation view 3 as
          stated.
1:42pm    Court addresses witness Stephen Fenton regarding his testimony.
1:45pm    Plaintiff’s counsel McDevitt argues the issue of the differential file name as stated.
1:49pm    Stephen Fenton is back on the stand, still under oath. Court examines witness regarding videos
          shown in his deposition.
1:52pm    Court is in session with all above parties present, including the Jury and two alternate jurors.
          Court addresses Jury with instructions.
          Stephen Fenton resumes on the stand, still under oath.
          Defendant’s counsel Low continues re-direct examination
          The following exhibit is marked for identification on behalf of the Defendant.

          Defendant’s exhibit 2213 – Video Animation

2:01pm    (not reported) Sidebar conference is held.
2:03pm    Defendant’s counsel Low continues re-direct examination.
          The following exhibit is marked for identification on behalf of the Defendant.

          Defendant’s exhibit 2067B – Photo of diagram

2:08pm    Witness Stephen Fenton is thanked and excused. Witness steps down from the stand.
2:09pm    Thomas Jordan Ayres is sworn and takes the stand on behalf of the Defendant.
          Defendant counsel Low examines the witness.
          Defendant’s counsel Low offers the witness as an expert witness in the field of Human Factors.
2:18pm    The Court qualifies the witness as an expert witness in the requested field.
          Defendant’s counsel Low conducts direct examination.
          The following exhibit is marked for identification on behalf of the Defendant.

          Defendant’s exhibit 2210 – Powerpoint presentation

2:43pm    (not reported) Sidebar conference is held.
2:46pm    Defendant’s counsel Low continues direct examination.
2:50pm    (not reported) Sidebar conference is held.
2:51pm    Defendant’s counsel Low continues direct examination.
3:01pm    (not reported) Sidebar conference is held.
3:02pm    Court admonishes and excuses the Jury for the afternoon break.
3:05pm    Outside the presence of the Jury, the Court is in session with all parties present. The plaintiff is
          present in the courtroom. Witness Thomas Jordan Ayres is present. Court addresses the three
          sidebar issues as stated.
                    May 15, 2024 Huang vs. State of California, Dept. of Transportation
                                        Case # 19CV346663
                                             Page 2 of 3
3:12pm   Court is in recess.
3:37pm   Court is in session with all above parties present, including the Jury and two alternate jurors.
         Thomas Jordan Ayres resumes on the stand, still under oath.
         Defendant’s counsel Low continues direct examination.
3:49pm   Plaintiff’s counsel Kelly conducts cross examination.
3:55pm   (not reported) Sidebar conference is held.
3:56pm   Plaintiff’s counsel Kelly continues cross examination
4:16pm   Defendant’s counsel Low conducts re-direct examination.
4:20pm   Witness Thomas Jordan Ayres is thanked and excused. Witness steps down from the stand.
4:21pm   Court admonishes and excuses the Jury until May 16, 2024, at 10am.
4:24pm   Outside the presence of the Jury, the Court is in session with all parties present. The plaintiff is not
         present in the courtroom. The Court addresses the Request for Admissions matter as stated. Matter
         is argued. Defendant’s counsel Low discusses an upcoming expert witness. Court addresses both
         counsels to meet and confer as stated.

         The Court admits Plaintiff’s Exhibits 382 and 449 into evidence.
4:47pm   Court is in recess.




                   May 15, 2024 Huang vs. State of California, Dept. of Transportation
                                       Case # 19CV346663
                                            Page 3 of 3