Preview
Electronically Filed
B. MARK FONG, ESQ. (SBN 99672) by Superior Court of CA,
mfong@minamitamaki.com
SEEMA BHAT, ESQ. (SBN 275278) County of Santa Clara,
sbhatt@minamitamaki.com on 3/27/2020 1:36 PM
MINAMI TAMAKI LLP Reviewed By: P. Lai
360 Post Street, 8th Floor Case #19CV346663
San Francisco, Ca 94108-4903 Envelope: 4211606
Tel: (415) 788-9000
Fax: (415) 398-3887
MICHAEL A. KELLY (State Bar #71460)
mkelly@walkuplawoffice.com
DORIS CHENG (State Bar #197731)
dcheng@walkuplawoffice.com
ANDREW P. McDEVITT (State Bar #271371)
amcdevitt@walkuplawoffice.com
WALKUP, MELODIA, KELLY & SCHOENBERGER
650 California Street, 26 Floor
10 San Francisco, Ca 94108
Tel: (415) 981-7210
11 Fax: (415) 391-6965
12 ATTORNEYS FOR PLAINTIFFS
SZ HUA HUANG, INDIVIDUALLY AND AS
13 SUCCESSOR IN INTEREST TO WEI LUN
HUANG, DECEASED; TRINITY HUANG, A
14 MINOR; TRISTAN HUANG, A MINOR; HSI
KENG HUANG; AND CHING FEN HUANG
15
16 SUPERIOR COURT OF THE STATE OF CALIFORNIA
i COUNTY OF SANTA CLARA
18
19 SZ HUA HUANG, Individually and as Case No. 19CV346663
successor in interest to WEI LUN
20 HUANG, deceased; TRINITY HUANG, DECLARATION OF ANDREW P.
a minor; TRISTAN HUANG, a minor; MCDEVITT IN SUPPORT OF
21 HSI KENG HUANG; and CHING FEN PLAINTIFFS’ MOTION TO COMPEL
HUANG, FURTHER RESPONSES FROM
22 TESLA INC.
Plaintiffs,
23
Vv. Date: to be set by court
24 Time: 9:00 a.m.
TESLA INC. dba TESLA MOTORS, Dept.: 8
25 INC., THE STATE OF CALIFORNIA,
and DOES 1 through 100,, Action Filed: April 26, 2019
26 Trial Date: To Be Assigned
Defendants.
27
28
1
DECLARATION OF ANDREW P. MCDEVITT IN SUPPORT OF PLAINTIFFS’ MOTION TO
COMPEL FURTHER RESPONSES FROM TESLA INC. - CASE NO. 19CV346663
I, ANDREW P. MCDEVITT, hereby declare as follows:
1 I am an attorney at law, duly licensed to practice before all courts of the
State of California and am a partner in the law firm of Walkup, Melodia, Kelly &
Schoenberger, attorneys of record for plaintiffs SZ HUA HUANG, individually and as
successor in interest to Wei Lun Huang, deceased; TRINITY HUANG, a minor;
TRISTAN HUANG, a minor; HSI KENG HUANG; and CHING FEN HUANG. If
called as a witness I could competently testify thereto.
2 Prior to the filing of this Motion, I made a good faith and reasonable
effort to informally resolve each of the issues presented. Those efforts are detailed in
10 the paragraphs that follow and in the Exhibits to this Declaration.
11 3 Attached as Exhibit 1 is a true and correct copy of an email I sent on
12 July 12, 2019 to defense counsel describing Plaintiffs’ desire to entire into a
13 stipulated protective order.
14 4 Attached as Exhibits 2-4 are true and correct copies of Plaintiffs’
15 Request for Production of Documents, Set One, Special Interrogatories, Set One, and
16 Form Interrogatories, Set One, which Plaintiffs propounded to Tesla on September 6.
i 5 Attached as Exhibit 5 is a true and correct copy of a September 18 email
18 in which the declarant again raised the issue of the protective order.
19 6. Defense counsel provided no written response, but left a voicemail for
20 Plaintiffs’ counsel on September 24 requesting a 90-day extension to respond to the
21 first set of discovery. The declarant responded via email the same day. The declarant
22 indicated that he would need to discuss the extension further, and he provided a
23 proposed stipulated protective order for Tesla’s review. Attached as Exhibit 6 is a
24 true and correct copy of the September 24 email to defense counsel.
25 ic After the parties exchanged several emails and phone calls, Plaintiffs’
26 counsel agreed on October 9 to provide a 60-day extension with respect to
27 interrogatories with the understanding that Tesla could need even more time. As for
28 the Requests for Production, the declarant agreed to a 30-day formal extension with
LAW OFFICES OF
WALKUP, MELODIA, KELLY 2
‘&SCHOENBERGER
1 SRORERSIAL CORPORATON
650 CALIFORNIA STREET DECLARATION OF ANDREW P. MCDEVITT IN SUPPORT OF PLAINTIFFS’ MOTION TO
‘SAN FRANCISCO,98i-7.CA 94108 COMPEL FURTHER RESPONSES FROM TESLA INC. - CASE NO. 19CV346663
the understanding that certain readily-available, non-confidential materials would be
provided earlier. Defense counsel pledged that the eventual production would not be
comprised of just “a bunch of objections.” Confidential materials, defense counsel
stated, would be produced once Tesla reviewed the proposed protective order and the
differences were ironed out. Attached as Exhibit 7 is a true and correct copy of an
October 9 email from the declarant to defense counsel reflecting these facts.
8 Attached as Exhibit 8 is a true and correct copy of Plaintiffs’ Special
Interrogatories, Set Two, which were propounded to Tesla on October 22.
9 Attached as Exhibit 9 is a true and correct copy of a November 22 email
10 reflecting that Plaintiffs granted Tesla’s request for another extension.
11 10. Tesla finally provided feedback on the proposed protective order on
12 November 18, more than four months after Plaintiffs’ counsel initially shared his
13 draft. Plaintiffs’ counsel responded promptly to inform the defense that he would not
14 be able to immediately review their changes due to an ongoing arbitration. Attached
15 as Exhibit 10 is a true and correct copy of this email communication.
16 11. Attached as Exhibits 11-14 are true and correct copies of Tesla’s
i responses to Plaintiffs’ Requests for Production, Set One, Special Interrogatories,
18 Sets One and Two, and Form Interrogatories, Set One.
19 12. Attached as Exhibit 15 is a true and correct copy of the declarant’s
20 January 14, 2020 email to defense counsel again attempted to negotiate a protective
21 order.
22 13. Attached as Exhibit 16 is a true and correct copy of the declarant’s
23 January 30 letter to defense counsel describing defects in Tesla’s discovery responses
24 and requesting to re-start talks related to the protective order.
25 14. Attached as Exhibit 17 is a true and correct copy of the declarant’s
26 February 6 email to defense counsel again requesting to discuss the protective order.
27 15. Attached as Exhibit 18 is a true and correct copy of a February 24 email
28 chain in which defense counsel represented that they were still working on the
LAW OFFICES OF
WALKUP, MELODIA, KELLY 3
‘&SCHOENBERGER
1 SRORERSIAL CORPORATON
650 CALIFORNIA STREET DECLARATION OF ANDREW P. MCDEVITT IN SUPPORT OF PLAINTIFFS’ MOTION TO
‘SAN FRANCISCO,98i-7.CA 94108 COMPEL FURTHER RESPONSES FROM TESLA INC. - CASE NO. 19CV346663
protective order.
16. A true and correct copy of Plaintiffs’ Complaint in this matter is
attached hereto as Exhibit 19. Plaintiffs allege that Tesla is liable for Walter Huang’s
death because: (1) Tesla was negligent the design, manufacture, testing, marketing
sale and maintenance of the 2017 Tesla Model X, and the defendants were negligent
and careless in failing and omitting to provide adequate instructions and warnings to
protect against injuries occurring as a result of vehicle malfunction; (2) the 2017
Tesla Model X was defective in its design in that the passenger protection systems of
the vehicle would not, could not and did not perform in a manner as safely as an
10 ordinary consumer would expect when the vehicle was subjected to foreseeable
11 accident or driving conditions; and (3) Tesla was negligent in its failure to issue a
12 recall, institute a product exchange program, and/or provide an adequate warning,
13 notice, notification, or any warning at all, or any notice at all, to the public,
14 purchasers, users, and consumers of the 2017 Tesla Model X vehicle after the original
15 introduction of the vehicle to the U.S. market.
16 17. Plaintiffs have good cause for the documents they requested in their
i Request for Production of Documents, Set One because the documents are relevant,
18 indeed vital, to Plaintiffs’ claims for negligence and strict liability. Plaintiffs’ will be
19 unable to prosecute their case and prepare for trial without the discovery at issue.
20 The requests all deal with the subject crash, previous similar incidents involving
21 other Teslas, Walter Huang’s vehicle specifically, and/or Tesla’s Autopilot system and
22 related technologies generally.
23 18. Attorneys in my office, including myself, spent twenty hours drafting
24 meet and confer communications, talking on the phone with defense counsel,
25 emailing defense counsel, researching relevant authority, and preparing this
26 memorandum, the declaration, and the required separate statement.
27 19. I estimate spending an additional twelve hours preparing reply papers
28 and attending the hearing on this matter.
LAW OFFICES OF
WALKUP, MELODIA, KELLY 4
‘&SCHOENBERGER
1 SRORERSIAL CORPORATON
650 CALIFORNIA STREET DECLARATION OF ANDREW P. MCDEVITT IN SUPPORT OF PLAINTIFFS’ MOTION TO
‘SAN FRANCISCO,98i-7.CA 94108 COMPEL FURTHER RESPONSES FROM TESLA INC. - CASE NO. 19CV346663
20. Accordingly, at $350/hr, the reasonable expenses associated with this
Motion are $11,200.
I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct as far as known to me, except as to those
matters stated on information and belief, and as to those matters, I am informed and
believe that they are true.
Executed this 27th day of March 2020 at Greenbrae, California.
10
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ANDREW P. McDEVITT, Declarant
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650 CALIFORNIA STREET DECLARATION OF ANDREW P. MCDEVITT IN SUPPORT OF PLAINTIFFS’ MOTION TO
SAN FRANCISCO,98-7 CA 94108 COMPEL FURTHER RESPONSES FROM TESLA INC. - CASE NO. 19CV346663
From:
To: , ren. miller wmanandbrooke.com' “
Ce: Ashley Freemat
Subject: Huang v. Tesla - proposed protective order
Date: Friday, July 12, 2019 11:59:48 AM
Lauren,
I am one of the attorneys handling this case on behalf of our firm. I am reaching
out because I assume Tesla will insist on entering a protective order before
producing certain documents and files in this case. I would like to stay ahead of
this issue so it does not unnecessarily delay the discovery process. If your office
would like to take a stab at the first draft, please send one over sometime in the
next two weeks.
In anticipation of the normal disputes, here are the provisions that we will insist
on including (if Tesla will not agree on these, please plan on filing a motion after
receiving plaintiffs’ first set of document requests):
= Sharing of documents with other plaintiffs handling cases involving Tesla
vehicles in lawsuits that allege problems with Autopilot, Enhanced
Autopilot, or Full Self Driving and/or the features thereof (automatic
accelerating, braking or steering);
= Procedure for challenging claim of confidentiality that follows this process: (1)
plaintiff notifies defense counsel in writing of challenged documents (by
Bates number), (2) if defendant disagrees, defendant has 15 days to file
motion for court to make determination, (3) documents maintain protected
status until court issues order, and (4) if defendant fails to file motion
within 15 days, documents lose protected status. [We are flexible on
timelines set forth in this provision]
* Prohibition on blanket claim of confidentiality on entire deposition.
Requirement that defense counsel identify confidential testimony during
deposition itself or within 15 days of receipt of transcript. Same procedure
for challenging as listed above.
= Follow Rules of Court Rule 2.551 for filing documents marked privileged or
confidential;
= No destruction or return provision but plaintiff agrees that protective order
remains in effect after conclusion of litigation and plaintiff agrees court
retains jurisdiction on that discrete issue.
If you would like to discuss any of the issues I’ve raised, please give me a call.
Andrew
Andrew P. McDevitt — Shareholder
My Bio | Website | Email | Facebook Linkedin | Google+ | Twitter
7a 8) iKe}o) 7.5
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650 California Street, 26!" Floor
San Francisco, CA 94108 | Map
Phone: 415-981-7210
Fax: 415-391-6965
THIS ELECTRONIC MESSAGE, INCLUDING ANY ACCOMPANYING DOCUMENTS, IS CONFIDENTIAL and
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B. MARK FONG, ESQ. (SBN 99672)
mfong@minamitamaki.com
SEEMA BHAT, ESQ. (SBN 275278)
sbhatt@minamitamaki.com
MINAMI TAMAKI LLP
860 Post Street, 8th Floor
San Francisco, Ca 94108-4903
Tel: (415) 788-9000
Fax: (415) 398-3887
MICHAEL A. KELLY (State Bar #71460)
mkelly@walkuplawoffice.com
DORIS CHENG (State Bar #197731)
dcheng@walkuplawoffice.com
ANDREW P. McDEVITT (State Bar #271371)
amcdevitt@walkuplawoffice.com
WALKUP, MELODIA, KELLY & SCHOENBERGER
650 California Street, 26 Floor
San Francisco, Ca 94108
10 Tel: (415) 981-7210
Fax: (415) 391-6965
11
ATTORNEYS FOR PLAINTIFFS
12 SZ HUA HUANG, INDIVIDUALLY AND AS
SUCCESSOR IN INTEREST TO WEI LUN
13 HUANG, DECEASED; TRINITY HUANG, A
MINOR; TRISTAN HUANG, A MINOR; HSI
14 KENG HUANG; AND CHING FEN HUANG
15
16 SUPERIOR COURT OF THE STATE OF CALIFORNIA
a COUNTY OF SANTA CLARA
18
19 SZ HUA HUANG, Individually and as Case No. 19CV346663
successor in interest to WEI LUN
20 HUANG, deceased; TRINITY HUANG, PLAINTIFFS’ REQUEST FOR
a minor; TRISTAN HUANG, a minor; PRODUCTION OF DOCUMENTS,
21 HSI KENG HUANG; and CHING FEN SET ONE (1) TO DEFENDANT
HUANG, TESLA INC. dba TESLA MOTORS,
22 INC.
Plaintiffs,
23 Action Filed: April 26, 2019
Vv. Trial Date: To Be Assigned
24
TESLA INC. dba TESLA MOTORS,
25 INC., THE STATE OF CALIFORNIA,
and DOES 1 through 100,
26
Defendants.
27
28
1
PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT
TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663
PROPOUNDING PARTY: Plaintiffs SZ HUA HUANG, Individually and as
successor in interest to WEI LUN HUANG,
deceased; TRINITY HUANG, a minor; TRISTAN
HUANG, a minor; HSI KENG HUANG; and CHING
FEN HUANG
RESPONDING PARTY: Defendant TESLA INC. dba TESLA MOTORS, INC.
SET NUMBER: One (1)
Plaintiffs SZ HUA HUANG, Individually and as successor in interest to WEI
LUN HUANG, deceased; TRINITY HUANG, a minor; TRISTAN HUANG, a minor;
HSI KENG HUANG; and CHING FEN HUAN hereby demand pursuant to Code of
Civil Procedure §§ 2031.010 through 2031.320 that Defendant TESLA INC. dba
10 TESLA MOTORS, INC. produce for inspection and copying the documents listed
11 below.
12 ‘You must serve a verified response to this request within 30 days of the date of
13 service (Code Civ. Proc. § 2031.260). You are required under California Code of Civil
14 Procedure § 2031.240 to identify with particularity any document or tangible thing
15 falling within any category of item in the demand to which an objection is being made
16 and to set forth clearly the extent of, and the specific ground for, the objection.
a Pursuant to California Code of Civil Procedure § 2031.030(c)(2), you are hereby
18 requested to produce, within 35 days from the date of the mailing of this request, to
19 the Law Offices of Walkup, Melodia, Kelly & Schoenberger located at 650 California
20 Street, 26th Floor, San Francisco, California, 94108 the following documents:
21 DEFINITIONS
22 1 The terms “YOU”, “YOUR”, “YOUR COMPANY” and “TESLA” refer to
23 Tesla, Inc.; Tesla Motors, Inc.; and every subsidiary, sister and/or parent
24 corporations and joint ventures worldwide; any and all departments, divisions,
25 offices, agencies or affiliates thereof. These words or phrases include any successor
26 or predecessor firms or corporations, any parent corporations and holding companies
27 with which the Defendant is associated, any subsidiaries and/or other companies that
caw orrices or 28
WALKUP, MELODIS, KELLY 2
‘& SCHOENBERGER
[APROFESSIONAL CORPORATION
se cagremnagre
SAN FRANCISCO, CA 94108,
PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT
TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663
(415) 981-7210
are owned, in whole or in part, by this Defendant, whether foreign or domestic.
Finally, these words and phrases specifically include present and former officers,
directors, agents, employees and any and all other persons, firms or corporations,
acting or purporting to act on behalf of “you,” or “your company.”
2 The term “SIMILAR VEHICLES” means all Tesla Model X, Model S,
and Model 3 vehicles with the same or similar AUTOPILOT SYSTEM as the
SUBJECT VEHICLE, regardless of the software and/or firmware version.
3 The term “RELATED VEHICLES” means all Tesla vehicles containing
an AUTOPILOT SYSTEM.
10 4. The term “SENSORS” means the devices that AUTOPILOT SYSTEM
11 uses to perform its functions, including, but not limited to forward-looking radar,
12 forward-facing cameras, rearward looking side cameras, wide-forward cameras,
13 ultrasonic sensors, and GPS.
14 5 The term "DOCUMENT" means all writings of any kind including,
15 without limitation, any written, recorded, or graphic matter, whether produced,
16 reproduced, or stored on paper, cards, tapes, film, electronic facsimile, computer
a storage devices, videotapes, or any other medium, now or at any time in Defendant's
18 possession, control or custody. It includes, without limitation, papers, books, letters,
19 emails, text messages, photographs, objects, tangible things, telegrams, cables, telex
20 messages, memoranda, notes, notations, work papers, work records, transcripts,
21 minutes of meetings, reports and records of telephone and other conversations, and of
22 interviews, conferences, and other meetings, depositions, affidavits, statements,
23 summaries, opinions, reports, studies, analyses, evaluations, presentations,
24 estimates, proposals, budgets, data, projections, press releases, charts, diagrams,
25 schedules, specifications, maps, flow sheets, certifications, organizational charts,
26 contracts, agreements, leases, journals, diaries, personal and business files,
27 statistical records, governmental filings, articles of incorporation, by-laws,
caw orrices or 28
WALKUP, MELODIS, KELLY 3
‘& SCHOENBERGER
[APROFESSIONAL CORPORATI
se cagremnagre
SAN Fi ICISCO, CA 94108
PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT
TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663
(415) 981-7210
regulations, corporate books, stock ledgers, proxies, prospectives, portfolios, invoices,
billing records, checks, remittance advices, receipts, ledgers, accounts, tax returns,
audited and unaudited financial statements, balance sheets, statements of financial
worth, logs, desk calendars, appointment books, lists, tabulations, sound records,
computer printouts, programs and other matter, data processing input and output,
microfilms, all other papers and records kept by computer, electronic, photographic,
mechanical or other means, things similar to the foregoing, however denominated,
and all originals, copies and drafts, whether identical or conforming or not, with or
without notes, changes, or annotations therein or thereon.
10 6. The words or phrases “And”, “or,” “and/or” shall be construed either
11 disjunctively or conjunctively, as necessary to make the usage of such words inclusive
12 rather than exclusive.
13 i The discovery requests served in this matter seek information from
14 Defendant’s computer systems, removable electronic media and other locations. This
15 includes, but is not limited to, e-mail and other electronic communication, word
16 processing DOCUMENTS, spread sheets, databases, calendars, telephone logs,
a contact manager information, internet usage files and network access information.
18 DOCUMENTS TO BE IDENTIFIED AND PRODUCED
19 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 1:
20 Produce all data collected and stored by the SUBJECT VEHICLE. (Definition:
21 The term “SUBJECT VEHICLE” means the 2017 Model X vehicle, VIN
22 5YJXCAE28HF060305, which crashed on March 23, 2018, resulting in the death of
23 Walter Huang.)
24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 2:
25 Produce all text data logs stored by the SUBJECT VEHICLE.
26 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 3:
27 Produce all Autopilot Data Logs stored by the SUBJECT VEHICLE.
caw orrices or 28
WALKUP, MELODIS, KELLY 4
‘& SCHOENBERGER
[APROFESSIONAL CORPORATI
se cagremnagre
SAN Fi ICISCO, CA 94108
PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT
TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663
(415) 981-7210
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 4:
Produce all Telematics Log Data stored by the SUBJECT VEHICLE.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 5:
Produce all Heartbeat Data Reports stored by the SUBJECT VEHICLE.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 6:
Produce all Carlog data, in its native format, that is associated with the
SUBJECT VEHICLE.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 7:
Produce all Carlog data associated with the SUBJECT VEHICLE that has
10 been converted into engineering units.
11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 8:
12 A complete copy of all files and DOCUMENTS that make up YOUR
13 investigation folder for the SUBJECT CRASH. (Definition: The term SUBJECT
14 CRASH refers to the crash involving the 2017 Model X vehicle, VIN
15 5YJXCAE28HF060305, on March 23, 2018, resulting in the death of Walter Huang.)
16 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 9:
a Any and all notes, recordings, emails and other DOCUMENTS that contain or
18 reference observations, opinions, and/or comments of any person that witnessed the
19 SUBJECT CRASH and/or indicated that he/she had information relating to the
20 SUBJECT CRASH.
21 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 10:
22 All incident reports and investigation reports that pertain to the SUBJECT
23 CRASH.
24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 11:
25 All DOCUMENTS identified in YOUR responses to Special Interrogatories.
26 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 12:
27 All DOCUMENTS identified in YOUR responses to Form Interrogatories.
caw orrices or 28
WALKUP, MELODIS, KELLY 5
‘& SCHOENBERGER
[APROFESSIONAL CORPORATION
se cagremnagre
SAN FRANCISCO, CA 94108,
PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT
TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663
(415) 981-7210
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 13:
All emails, notes, chat threads, messages or other DOCUMENTS that mention
Walter Huang.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 14:
All emails, notes, chat threads, messages or other DOCUMENTS that mention
the SUBJECT CRASH.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 15:
Any and all images or videos captured by the SUBJECT VEHICLE in the 30
minutes preceding the SUBJECT CRASH.
10 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 16:
11 Produce YOUR data dictionary or equivalent document that defines the values
12 and functions associated with the Carlog data for the SUBJECT VEHICLE.
13 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 17:
14 Produce YOUR software and software requirements for converting raw Carlog
15 data from binary format into engineering units.
16 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 18:
a Produce all DOCUMENTS related to any collection and processing of data
18 Tesla undertook related to the SUBJECT VEHICLE.
19 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 19:
20 Produce all Event Data Record (EDR) data stored by the SUBJECT VEHICLE
21 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 20:
22 Produce all data stored by the Media Center Unit and/or cameras in the
23 SUBJECT VEHICLE.
24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 21:
25 Produce all data stored by the Restraint Control Module (RCM) in the
26 SUBJECT VEHICLE.
27 HI
caw orrices or 28
WALKUP, MELODIS, KELLY 6
‘& SCHOENBERGER
[APROFESSIONAL CORPORATION
se cagremnagre
SAN FRANCISCO, CA 94108,
PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT
TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663
(415) 981-7210
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 22:
Produce the complete contents of the SD card from the SUBJECT VEHICLE in
native format.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 23:
Produce all DOCUMENTS that identify which systems were activated and/or
deactivated in the SUBJECT VEHICLE in the hour preceding the crash, to the
extent they are not included in the data requested above.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 24:
Produce all DOCUMENTS related to all over-the-air (OTA) software and/or
10 firmware updates intended for, sent to, received by, unsuccessfully installed, and/or
11 successfully installed in the SUBJECT VEHICLE.
12 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 25:
13 Produce all DOCUMENTS related to any privacy and/or data collection opt-out
14 selections undertaken by Mr. Huang.
15 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 26:
16 Produce all DOCUMENTS related to any complaints, requests for
a maintenance or service, “bug reports,” and any maintenance or service performed on
18 the SUBJECT VEHICLE, including but not limited to complaints made and service
19 received on November 24, 2017; March 6-12, 2018; and any other complaints made
20 about the behavior of that vehicle, including all DOCUMENTS generated after the
21 subject crash.
22 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 27:
23 Produce all driver facing alerts recorded in the SUBJECT VEHICLE.
24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 28:
25 Produce all DOCUMENTS related to any complaints about problems receiving
26 software and/or firmware updates in the SUBJECT VEHICLE prior to the subject
27 crash, including any responses or actions YOU undertook in response.
caw orrices or 28
WALKUP, MELODIS, KELLY 7
‘& SCHOENBERGER
[APROFESSIONAL CORPORATION
se cagremnagre
SAN FRANCISCO, CA 94108,
PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT
TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663
(415) 981-7210
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 29:
Produce all DOCUMENTS related to YOUR policies and/or procedures,
including policies and/or procedures that were considered, whether implemented or
not, that are associated with attempts or failed attempts to provide OTA software
and/or firmware updates in YOUR vehicles from implementation of OTA updates
through current.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 30:
Produce all DOCUMENTS showing the obstacle rating assigned by the
SUBJECT VEHICLE to the crash attenuator and median in the seconds before the
10 subject crash.
11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 31:
12 Produce all DOCUMENTS related to YOUR assessment of the SUBJECT
13 VEHICLE crash that were produced to any government or law enforcement agency.
14 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 32:
15 Produce all DOCUMENTS related to an assessment of the SUBJECT
16 VEHICLE crash done by any third-party or outside entity.
a REQUEST FOR PRODUCTION OF DOCUMENTS NO. 33:
18 Produce all DOCUMENTS that identify and describe YOUR procedure for
19 classifying, processing, handling, monitoring and analyzing all post-market claims or
20 complaints of damage, injury, and/or death from 2014 to current.
21 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 34:
22 Produce all litigation complaints filed against YOU alleging a failure of the
23 AUTOPILOT SYSTEM in a Tesla vehicle from 2014 to current. (Definition: The term
24 “AUTOPILOT SYSTEM” means the Advanced Driver Assistance System that
25 includes radar, cameras, sensors, GPS, the Autopilot electronic control unit (APE), all
26 chips used as part of the AUTOPILOT SYSTEM, and other hardware, as well as all
27 software, firmware and algorithms, that provide such autonomous features as auto-
caw orrices or 28
WALKUP, MELODIS, KELLY 8
‘& SCHOENBERGER
[APROFESSIONAL CORPORATION
se cagremnagre
SAN FRANCISCO, CA 94108,
PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT
TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663
(415) 981-7210
steering, traffic-aware cruise control, lane changing, automated parking, forward
collision warning, lane assist, speed assist, driver warning systems, and automated
braking functions. It also includes all communication interfaces and over-the-air
(OTA) software and/or firmware updates to the AUTOPILOT SYSTEM, and any
software or hardware designed to enable the full self-driving feature when it is
operational.)
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 35:
Produce all DOCUMENTS YOU produced during discovery and all testimony
given in any litigation alleging a failure of the AUTOPILOT SYSTEM in a Similar
10 Vehicle.
11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 36:
12 Produce all DOCUMENTS related to any type of claim alleging a failure of the
13 AUTOPILOT SYSTEM in a Tesla vehicle from 2014 to current.
14 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 37:
15 Produce all DOCUMENTS related to any type of claim in which a driver
16 alleged a SIMILAR VEHICLE or RELATED VEHICLE veered, swerved, deviated or
a the like within or out of the lane of travel without driver input.
18 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 38:
19 Produce all DOCUMENTS related to any type of claim alleging a SIMILAR
20 VEHICLE or RELATED VEHICLE did not recognize or react as expected to lane
21 markers or any other stationary object on a highway, including other motor vehicles.
22 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 39:
23 Produce all DOCUMENTS related to any type of claim alleging a SIMILAR
24 VEHICLE or RELATED VEHICLE did not recognize a gore and/or roadside traffic
25 safety hardware along the roadway, whether or not the vehicle collided with the
26 hardware.
27 HI
caw orrices or 28
WALKUP, MELODIS, KELLY 9
‘& SCHOENBERGER
[APROFESSIONAL CORPORATION
se cagremnagre
SAN FRANCISCO, CA 94108,
PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT
TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663
(415) 981-7210
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 40:
Produce all DOCUMENTS related to any type of claim alleging a SIMILAR
VEHICLE or RELATED VEHICLE sped up after a lead vehicle moved out of its path,
and a stationary object was in front of the SIMILAR or RELATED VEHICLE.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 41:
Produce all DOCUMENTS related to any type of claim that a vehicle’s log
incorrectly recorded, or did not record, any type of event.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 42:
Produce all DOCUMENTS related to any evaluation or analysis of any type
10 regarding the accuracy of YOUR vehicle logs.
11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 43:
12 Produce all DOCUMENTS associated with any field investigations related to a
13 failure or alleged failure of the AUTOPILOT SYSTEM in SIMILAR VEHICLES and
14 RELATED VEHICLES.
15 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 44:
16 Produce all analyses or evaluations of any type associated with any crash-
a related dataset (e.g., NASS CDS, CIREN, FARS, etc.) related to the performance of
18 YOUR AUTOPILOT SYSTEM and/or the performance of other manufacturers
19 vehicles using Level 1 or 2 autonomous systems.
20 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 45:
21 Produce all service bulletins, technical bulletins, information sheets, and
22 safety alerts sent by YOU to any dealerships relating to the AUTOPILOT SYSTEM
23 in a Tesla vehicle from 2014 to current.
24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 46:
25 Produce all DOCUMENTS YOU obtained related to any investigations or
26 evaluations by third parties, including the National Highway Traffic Safety
27 Administration (NHTSA) and the National Transportation Safety Board (NTSB)
caw orrices or 28
WALKUP, MELODIS, KELLY 10
‘& SCHOENBERGER
[APROFESSIONAL CORPORATION
se cagremnagre
SAN FRANCISCO, CA 94108,
PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT
TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663
(415) 981-7210
regarding potential failures in the AUTOPILOT SYSTEM in the SUBJECT
VEHICLE, SIMILAR VEHICLES, and RELATED VEHICLES.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 47:
Produce all DOCUMENTS that discuss, refer, relate or pertain to
communications, including but not limited to, letters, emails, meeting minutes, notes
or memoranda, between YOU and NHTSA and/or any contractors for NHTSA,
regarding investigations into potential failures of the AUTOPILOT SYSTEM in the
SUBJECT VEHICLE, SIMILAR VEHICLES, and RELATED VEHICLES, including
but not limited to investigation PE16-007.
10 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 48:
11 Produce all DOCUMENTS that discuss, refer, relate or pertain to YOUR
12 internal communications including but not limited to letters, emails, meeting
13 minutes, notes or memoranda regarding NHTSA’s investigations or inquiries of any
14
Preview
Electronically Filed B. MARK FONG, ESQ. (SBN 99672) by Superior Court of CA, mfong@minamitamaki.com SEEMA BHAT, ESQ. (SBN 275278) County of Santa Clara, sbhatt@minamitamaki.com on 3/27/2020 1:36 PM MINAMI TAMAKI LLP Reviewed By: P. Lai 360 Post Street, 8th Floor Case #19CV346663 San Francisco, Ca 94108-4903 Envelope: 4211606 Tel: (415) 788-9000 Fax: (415) 398-3887 MICHAEL A. KELLY (State Bar #71460) mkelly@walkuplawoffice.com DORIS CHENG (State Bar #197731) dcheng@walkuplawoffice.com ANDREW P. McDEVITT (State Bar #271371) amcdevitt@walkuplawoffice.com WALKUP, MELODIA, KELLY & SCHOENBERGER 650 California Street, 26 Floor 10 San Francisco, Ca 94108 Tel: (415) 981-7210 11 Fax: (415) 391-6965 12 ATTORNEYS FOR PLAINTIFFS SZ HUA HUANG, INDIVIDUALLY AND AS 13 SUCCESSOR IN INTEREST TO WEI LUN HUANG, DECEASED; TRINITY HUANG, A 14 MINOR; TRISTAN HUANG, A MINOR; HSI KENG HUANG; AND CHING FEN HUANG 15 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA i COUNTY OF SANTA CLARA 18 19 SZ HUA HUANG, Individually and as Case No. 19CV346663 successor in interest to WEI LUN 20 HUANG, deceased; TRINITY HUANG, DECLARATION OF ANDREW P. a minor; TRISTAN HUANG, a minor; MCDEVITT IN SUPPORT OF 21 HSI KENG HUANG; and CHING FEN PLAINTIFFS’ MOTION TO COMPEL HUANG, FURTHER RESPONSES FROM 22 TESLA INC. Plaintiffs, 23 Vv. Date: to be set by court 24 Time: 9:00 a.m. TESLA INC. dba TESLA MOTORS, Dept.: 8 25 INC., THE STATE OF CALIFORNIA, and DOES 1 through 100,, Action Filed: April 26, 2019 26 Trial Date: To Be Assigned Defendants. 27 28 1 DECLARATION OF ANDREW P. MCDEVITT IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL FURTHER RESPONSES FROM TESLA INC. - CASE NO. 19CV346663 I, ANDREW P. MCDEVITT, hereby declare as follows: 1 I am an attorney at law, duly licensed to practice before all courts of the State of California and am a partner in the law firm of Walkup, Melodia, Kelly & Schoenberger, attorneys of record for plaintiffs SZ HUA HUANG, individually and as successor in interest to Wei Lun Huang, deceased; TRINITY HUANG, a minor; TRISTAN HUANG, a minor; HSI KENG HUANG; and CHING FEN HUANG. If called as a witness I could competently testify thereto. 2 Prior to the filing of this Motion, I made a good faith and reasonable effort to informally resolve each of the issues presented. Those efforts are detailed in 10 the paragraphs that follow and in the Exhibits to this Declaration. 11 3 Attached as Exhibit 1 is a true and correct copy of an email I sent on 12 July 12, 2019 to defense counsel describing Plaintiffs’ desire to entire into a 13 stipulated protective order. 14 4 Attached as Exhibits 2-4 are true and correct copies of Plaintiffs’ 15 Request for Production of Documents, Set One, Special Interrogatories, Set One, and 16 Form Interrogatories, Set One, which Plaintiffs propounded to Tesla on September 6. i 5 Attached as Exhibit 5 is a true and correct copy of a September 18 email 18 in which the declarant again raised the issue of the protective order. 19 6. Defense counsel provided no written response, but left a voicemail for 20 Plaintiffs’ counsel on September 24 requesting a 90-day extension to respond to the 21 first set of discovery. The declarant responded via email the same day. The declarant 22 indicated that he would need to discuss the extension further, and he provided a 23 proposed stipulated protective order for Tesla’s review. Attached as Exhibit 6 is a 24 true and correct copy of the September 24 email to defense counsel. 25 ic After the parties exchanged several emails and phone calls, Plaintiffs’ 26 counsel agreed on October 9 to provide a 60-day extension with respect to 27 interrogatories with the understanding that Tesla could need even more time. As for 28 the Requests for Production, the declarant agreed to a 30-day formal extension with LAW OFFICES OF WALKUP, MELODIA, KELLY 2 ‘&SCHOENBERGER 1 SRORERSIAL CORPORATON 650 CALIFORNIA STREET DECLARATION OF ANDREW P. MCDEVITT IN SUPPORT OF PLAINTIFFS’ MOTION TO ‘SAN FRANCISCO,98i-7.CA 94108 COMPEL FURTHER RESPONSES FROM TESLA INC. - CASE NO. 19CV346663 the understanding that certain readily-available, non-confidential materials would be provided earlier. Defense counsel pledged that the eventual production would not be comprised of just “a bunch of objections.” Confidential materials, defense counsel stated, would be produced once Tesla reviewed the proposed protective order and the differences were ironed out. Attached as Exhibit 7 is a true and correct copy of an October 9 email from the declarant to defense counsel reflecting these facts. 8 Attached as Exhibit 8 is a true and correct copy of Plaintiffs’ Special Interrogatories, Set Two, which were propounded to Tesla on October 22. 9 Attached as Exhibit 9 is a true and correct copy of a November 22 email 10 reflecting that Plaintiffs granted Tesla’s request for another extension. 11 10. Tesla finally provided feedback on the proposed protective order on 12 November 18, more than four months after Plaintiffs’ counsel initially shared his 13 draft. Plaintiffs’ counsel responded promptly to inform the defense that he would not 14 be able to immediately review their changes due to an ongoing arbitration. Attached 15 as Exhibit 10 is a true and correct copy of this email communication. 16 11. Attached as Exhibits 11-14 are true and correct copies of Tesla’s i responses to Plaintiffs’ Requests for Production, Set One, Special Interrogatories, 18 Sets One and Two, and Form Interrogatories, Set One. 19 12. Attached as Exhibit 15 is a true and correct copy of the declarant’s 20 January 14, 2020 email to defense counsel again attempted to negotiate a protective 21 order. 22 13. Attached as Exhibit 16 is a true and correct copy of the declarant’s 23 January 30 letter to defense counsel describing defects in Tesla’s discovery responses 24 and requesting to re-start talks related to the protective order. 25 14. Attached as Exhibit 17 is a true and correct copy of the declarant’s 26 February 6 email to defense counsel again requesting to discuss the protective order. 27 15. Attached as Exhibit 18 is a true and correct copy of a February 24 email 28 chain in which defense counsel represented that they were still working on the LAW OFFICES OF WALKUP, MELODIA, KELLY 3 ‘&SCHOENBERGER 1 SRORERSIAL CORPORATON 650 CALIFORNIA STREET DECLARATION OF ANDREW P. MCDEVITT IN SUPPORT OF PLAINTIFFS’ MOTION TO ‘SAN FRANCISCO,98i-7.CA 94108 COMPEL FURTHER RESPONSES FROM TESLA INC. - CASE NO. 19CV346663 protective order. 16. A true and correct copy of Plaintiffs’ Complaint in this matter is attached hereto as Exhibit 19. Plaintiffs allege that Tesla is liable for Walter Huang’s death because: (1) Tesla was negligent the design, manufacture, testing, marketing sale and maintenance of the 2017 Tesla Model X, and the defendants were negligent and careless in failing and omitting to provide adequate instructions and warnings to protect against injuries occurring as a result of vehicle malfunction; (2) the 2017 Tesla Model X was defective in its design in that the passenger protection systems of the vehicle would not, could not and did not perform in a manner as safely as an 10 ordinary consumer would expect when the vehicle was subjected to foreseeable 11 accident or driving conditions; and (3) Tesla was negligent in its failure to issue a 12 recall, institute a product exchange program, and/or provide an adequate warning, 13 notice, notification, or any warning at all, or any notice at all, to the public, 14 purchasers, users, and consumers of the 2017 Tesla Model X vehicle after the original 15 introduction of the vehicle to the U.S. market. 16 17. Plaintiffs have good cause for the documents they requested in their i Request for Production of Documents, Set One because the documents are relevant, 18 indeed vital, to Plaintiffs’ claims for negligence and strict liability. Plaintiffs’ will be 19 unable to prosecute their case and prepare for trial without the discovery at issue. 20 The requests all deal with the subject crash, previous similar incidents involving 21 other Teslas, Walter Huang’s vehicle specifically, and/or Tesla’s Autopilot system and 22 related technologies generally. 23 18. Attorneys in my office, including myself, spent twenty hours drafting 24 meet and confer communications, talking on the phone with defense counsel, 25 emailing defense counsel, researching relevant authority, and preparing this 26 memorandum, the declaration, and the required separate statement. 27 19. I estimate spending an additional twelve hours preparing reply papers 28 and attending the hearing on this matter. LAW OFFICES OF WALKUP, MELODIA, KELLY 4 ‘&SCHOENBERGER 1 SRORERSIAL CORPORATON 650 CALIFORNIA STREET DECLARATION OF ANDREW P. MCDEVITT IN SUPPORT OF PLAINTIFFS’ MOTION TO ‘SAN FRANCISCO,98i-7.CA 94108 COMPEL FURTHER RESPONSES FROM TESLA INC. - CASE NO. 19CV346663 20. Accordingly, at $350/hr, the reasonable expenses associated with this Motion are $11,200. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct as far as known to me, except as to those matters stated on information and belief, and as to those matters, I am informed and believe that they are true. Executed this 27th day of March 2020 at Greenbrae, California. 10 Kites ANDREW P. McDEVITT, Declarant 11 12 13 14 15 16 ly 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES ©} WALKUP,eeMELOI 5 LLY 5 AS OTERO, ER marion 650 CALIFORNIA STREET DECLARATION OF ANDREW P. MCDEVITT IN SUPPORT OF PLAINTIFFS’ MOTION TO SAN FRANCISCO,98-7 CA 94108 COMPEL FURTHER RESPONSES FROM TESLA INC. - CASE NO. 19CV346663 From: To: , ren. miller wmanandbrooke.com' “ Ce: Ashley Freemat Subject: Huang v. Tesla - proposed protective order Date: Friday, July 12, 2019 11:59:48 AM Lauren, I am one of the attorneys handling this case on behalf of our firm. I am reaching out because I assume Tesla will insist on entering a protective order before producing certain documents and files in this case. I would like to stay ahead of this issue so it does not unnecessarily delay the discovery process. If your office would like to take a stab at the first draft, please send one over sometime in the next two weeks. In anticipation of the normal disputes, here are the provisions that we will insist on including (if Tesla will not agree on these, please plan on filing a motion after receiving plaintiffs’ first set of document requests): = Sharing of documents with other plaintiffs handling cases involving Tesla vehicles in lawsuits that allege problems with Autopilot, Enhanced Autopilot, or Full Self Driving and/or the features thereof (automatic accelerating, braking or steering); = Procedure for challenging claim of confidentiality that follows this process: (1) plaintiff notifies defense counsel in writing of challenged documents (by Bates number), (2) if defendant disagrees, defendant has 15 days to file motion for court to make determination, (3) documents maintain protected status until court issues order, and (4) if defendant fails to file motion within 15 days, documents lose protected status. [We are flexible on timelines set forth in this provision] * Prohibition on blanket claim of confidentiality on entire deposition. Requirement that defense counsel identify confidential testimony during deposition itself or within 15 days of receipt of transcript. Same procedure for challenging as listed above. = Follow Rules of Court Rule 2.551 for filing documents marked privileged or confidential; = No destruction or return provision but plaintiff agrees that protective order remains in effect after conclusion of litigation and plaintiff agrees court retains jurisdiction on that discrete issue. If you would like to discuss any of the issues I’ve raised, please give me a call. Andrew Andrew P. McDevitt — Shareholder My Bio | Website | Email | Facebook Linkedin | Google+ | Twitter 7a 8) iKe}o) 7.5 i Rh oS tela) ia elas 650 California Street, 26!" Floor San Francisco, CA 94108 | Map Phone: 415-981-7210 Fax: 415-391-6965 THIS ELECTRONIC MESSAGE, INCLUDING ANY ACCOMPANYING DOCUMENTS, IS CONFIDENTIAL and may contain information that is privileged under federal and/or state law. If you are neither the intended recipient nor responsible for delivering the message to the intended recipient, you are not authorized to read, share, forward, distribute, copy, or take any other action with respect to the message or any attachments to the message. Further, you are not authorized to take, or forbear from taking, any legal action in reliance upon the contents of the message. If you have received this communication in error, please notify the sender immediately. Thank you. B. MARK FONG, ESQ. (SBN 99672) mfong@minamitamaki.com SEEMA BHAT, ESQ. (SBN 275278) sbhatt@minamitamaki.com MINAMI TAMAKI LLP 860 Post Street, 8th Floor San Francisco, Ca 94108-4903 Tel: (415) 788-9000 Fax: (415) 398-3887 MICHAEL A. KELLY (State Bar #71460) mkelly@walkuplawoffice.com DORIS CHENG (State Bar #197731) dcheng@walkuplawoffice.com ANDREW P. McDEVITT (State Bar #271371) amcdevitt@walkuplawoffice.com WALKUP, MELODIA, KELLY & SCHOENBERGER 650 California Street, 26 Floor San Francisco, Ca 94108 10 Tel: (415) 981-7210 Fax: (415) 391-6965 11 ATTORNEYS FOR PLAINTIFFS 12 SZ HUA HUANG, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO WEI LUN 13 HUANG, DECEASED; TRINITY HUANG, A MINOR; TRISTAN HUANG, A MINOR; HSI 14 KENG HUANG; AND CHING FEN HUANG 15 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA a COUNTY OF SANTA CLARA 18 19 SZ HUA HUANG, Individually and as Case No. 19CV346663 successor in interest to WEI LUN 20 HUANG, deceased; TRINITY HUANG, PLAINTIFFS’ REQUEST FOR a minor; TRISTAN HUANG, a minor; PRODUCTION OF DOCUMENTS, 21 HSI KENG HUANG; and CHING FEN SET ONE (1) TO DEFENDANT HUANG, TESLA INC. dba TESLA MOTORS, 22 INC. Plaintiffs, 23 Action Filed: April 26, 2019 Vv. Trial Date: To Be Assigned 24 TESLA INC. dba TESLA MOTORS, 25 INC., THE STATE OF CALIFORNIA, and DOES 1 through 100, 26 Defendants. 27 28 1 PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663 PROPOUNDING PARTY: Plaintiffs SZ HUA HUANG, Individually and as successor in interest to WEI LUN HUANG, deceased; TRINITY HUANG, a minor; TRISTAN HUANG, a minor; HSI KENG HUANG; and CHING FEN HUANG RESPONDING PARTY: Defendant TESLA INC. dba TESLA MOTORS, INC. SET NUMBER: One (1) Plaintiffs SZ HUA HUANG, Individually and as successor in interest to WEI LUN HUANG, deceased; TRINITY HUANG, a minor; TRISTAN HUANG, a minor; HSI KENG HUANG; and CHING FEN HUAN hereby demand pursuant to Code of Civil Procedure §§ 2031.010 through 2031.320 that Defendant TESLA INC. dba 10 TESLA MOTORS, INC. produce for inspection and copying the documents listed 11 below. 12 ‘You must serve a verified response to this request within 30 days of the date of 13 service (Code Civ. Proc. § 2031.260). You are required under California Code of Civil 14 Procedure § 2031.240 to identify with particularity any document or tangible thing 15 falling within any category of item in the demand to which an objection is being made 16 and to set forth clearly the extent of, and the specific ground for, the objection. a Pursuant to California Code of Civil Procedure § 2031.030(c)(2), you are hereby 18 requested to produce, within 35 days from the date of the mailing of this request, to 19 the Law Offices of Walkup, Melodia, Kelly & Schoenberger located at 650 California 20 Street, 26th Floor, San Francisco, California, 94108 the following documents: 21 DEFINITIONS 22 1 The terms “YOU”, “YOUR”, “YOUR COMPANY” and “TESLA” refer to 23 Tesla, Inc.; Tesla Motors, Inc.; and every subsidiary, sister and/or parent 24 corporations and joint ventures worldwide; any and all departments, divisions, 25 offices, agencies or affiliates thereof. These words or phrases include any successor 26 or predecessor firms or corporations, any parent corporations and holding companies 27 with which the Defendant is associated, any subsidiaries and/or other companies that caw orrices or 28 WALKUP, MELODIS, KELLY 2 ‘& SCHOENBERGER [APROFESSIONAL CORPORATION se cagremnagre SAN FRANCISCO, CA 94108, PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663 (415) 981-7210 are owned, in whole or in part, by this Defendant, whether foreign or domestic. Finally, these words and phrases specifically include present and former officers, directors, agents, employees and any and all other persons, firms or corporations, acting or purporting to act on behalf of “you,” or “your company.” 2 The term “SIMILAR VEHICLES” means all Tesla Model X, Model S, and Model 3 vehicles with the same or similar AUTOPILOT SYSTEM as the SUBJECT VEHICLE, regardless of the software and/or firmware version. 3 The term “RELATED VEHICLES” means all Tesla vehicles containing an AUTOPILOT SYSTEM. 10 4. The term “SENSORS” means the devices that AUTOPILOT SYSTEM 11 uses to perform its functions, including, but not limited to forward-looking radar, 12 forward-facing cameras, rearward looking side cameras, wide-forward cameras, 13 ultrasonic sensors, and GPS. 14 5 The term "DOCUMENT" means all writings of any kind including, 15 without limitation, any written, recorded, or graphic matter, whether produced, 16 reproduced, or stored on paper, cards, tapes, film, electronic facsimile, computer a storage devices, videotapes, or any other medium, now or at any time in Defendant's 18 possession, control or custody. It includes, without limitation, papers, books, letters, 19 emails, text messages, photographs, objects, tangible things, telegrams, cables, telex 20 messages, memoranda, notes, notations, work papers, work records, transcripts, 21 minutes of meetings, reports and records of telephone and other conversations, and of 22 interviews, conferences, and other meetings, depositions, affidavits, statements, 23 summaries, opinions, reports, studies, analyses, evaluations, presentations, 24 estimates, proposals, budgets, data, projections, press releases, charts, diagrams, 25 schedules, specifications, maps, flow sheets, certifications, organizational charts, 26 contracts, agreements, leases, journals, diaries, personal and business files, 27 statistical records, governmental filings, articles of incorporation, by-laws, caw orrices or 28 WALKUP, MELODIS, KELLY 3 ‘& SCHOENBERGER [APROFESSIONAL CORPORATI se cagremnagre SAN Fi ICISCO, CA 94108 PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663 (415) 981-7210 regulations, corporate books, stock ledgers, proxies, prospectives, portfolios, invoices, billing records, checks, remittance advices, receipts, ledgers, accounts, tax returns, audited and unaudited financial statements, balance sheets, statements of financial worth, logs, desk calendars, appointment books, lists, tabulations, sound records, computer printouts, programs and other matter, data processing input and output, microfilms, all other papers and records kept by computer, electronic, photographic, mechanical or other means, things similar to the foregoing, however denominated, and all originals, copies and drafts, whether identical or conforming or not, with or without notes, changes, or annotations therein or thereon. 10 6. The words or phrases “And”, “or,” “and/or” shall be construed either 11 disjunctively or conjunctively, as necessary to make the usage of such words inclusive 12 rather than exclusive. 13 i The discovery requests served in this matter seek information from 14 Defendant’s computer systems, removable electronic media and other locations. This 15 includes, but is not limited to, e-mail and other electronic communication, word 16 processing DOCUMENTS, spread sheets, databases, calendars, telephone logs, a contact manager information, internet usage files and network access information. 18 DOCUMENTS TO BE IDENTIFIED AND PRODUCED 19 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 1: 20 Produce all data collected and stored by the SUBJECT VEHICLE. (Definition: 21 The term “SUBJECT VEHICLE” means the 2017 Model X vehicle, VIN 22 5YJXCAE28HF060305, which crashed on March 23, 2018, resulting in the death of 23 Walter Huang.) 24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 2: 25 Produce all text data logs stored by the SUBJECT VEHICLE. 26 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 3: 27 Produce all Autopilot Data Logs stored by the SUBJECT VEHICLE. caw orrices or 28 WALKUP, MELODIS, KELLY 4 ‘& SCHOENBERGER [APROFESSIONAL CORPORATI se cagremnagre SAN Fi ICISCO, CA 94108 PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663 (415) 981-7210 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 4: Produce all Telematics Log Data stored by the SUBJECT VEHICLE. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 5: Produce all Heartbeat Data Reports stored by the SUBJECT VEHICLE. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 6: Produce all Carlog data, in its native format, that is associated with the SUBJECT VEHICLE. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 7: Produce all Carlog data associated with the SUBJECT VEHICLE that has 10 been converted into engineering units. 11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 8: 12 A complete copy of all files and DOCUMENTS that make up YOUR 13 investigation folder for the SUBJECT CRASH. (Definition: The term SUBJECT 14 CRASH refers to the crash involving the 2017 Model X vehicle, VIN 15 5YJXCAE28HF060305, on March 23, 2018, resulting in the death of Walter Huang.) 16 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 9: a Any and all notes, recordings, emails and other DOCUMENTS that contain or 18 reference observations, opinions, and/or comments of any person that witnessed the 19 SUBJECT CRASH and/or indicated that he/she had information relating to the 20 SUBJECT CRASH. 21 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 10: 22 All incident reports and investigation reports that pertain to the SUBJECT 23 CRASH. 24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 11: 25 All DOCUMENTS identified in YOUR responses to Special Interrogatories. 26 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 12: 27 All DOCUMENTS identified in YOUR responses to Form Interrogatories. caw orrices or 28 WALKUP, MELODIS, KELLY 5 ‘& SCHOENBERGER [APROFESSIONAL CORPORATION se cagremnagre SAN FRANCISCO, CA 94108, PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663 (415) 981-7210 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 13: All emails, notes, chat threads, messages or other DOCUMENTS that mention Walter Huang. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 14: All emails, notes, chat threads, messages or other DOCUMENTS that mention the SUBJECT CRASH. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 15: Any and all images or videos captured by the SUBJECT VEHICLE in the 30 minutes preceding the SUBJECT CRASH. 10 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 16: 11 Produce YOUR data dictionary or equivalent document that defines the values 12 and functions associated with the Carlog data for the SUBJECT VEHICLE. 13 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 17: 14 Produce YOUR software and software requirements for converting raw Carlog 15 data from binary format into engineering units. 16 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 18: a Produce all DOCUMENTS related to any collection and processing of data 18 Tesla undertook related to the SUBJECT VEHICLE. 19 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 19: 20 Produce all Event Data Record (EDR) data stored by the SUBJECT VEHICLE 21 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 20: 22 Produce all data stored by the Media Center Unit and/or cameras in the 23 SUBJECT VEHICLE. 24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 21: 25 Produce all data stored by the Restraint Control Module (RCM) in the 26 SUBJECT VEHICLE. 27 HI caw orrices or 28 WALKUP, MELODIS, KELLY 6 ‘& SCHOENBERGER [APROFESSIONAL CORPORATION se cagremnagre SAN FRANCISCO, CA 94108, PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663 (415) 981-7210 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 22: Produce the complete contents of the SD card from the SUBJECT VEHICLE in native format. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 23: Produce all DOCUMENTS that identify which systems were activated and/or deactivated in the SUBJECT VEHICLE in the hour preceding the crash, to the extent they are not included in the data requested above. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 24: Produce all DOCUMENTS related to all over-the-air (OTA) software and/or 10 firmware updates intended for, sent to, received by, unsuccessfully installed, and/or 11 successfully installed in the SUBJECT VEHICLE. 12 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 25: 13 Produce all DOCUMENTS related to any privacy and/or data collection opt-out 14 selections undertaken by Mr. Huang. 15 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 26: 16 Produce all DOCUMENTS related to any complaints, requests for a maintenance or service, “bug reports,” and any maintenance or service performed on 18 the SUBJECT VEHICLE, including but not limited to complaints made and service 19 received on November 24, 2017; March 6-12, 2018; and any other complaints made 20 about the behavior of that vehicle, including all DOCUMENTS generated after the 21 subject crash. 22 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 27: 23 Produce all driver facing alerts recorded in the SUBJECT VEHICLE. 24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 28: 25 Produce all DOCUMENTS related to any complaints about problems receiving 26 software and/or firmware updates in the SUBJECT VEHICLE prior to the subject 27 crash, including any responses or actions YOU undertook in response. caw orrices or 28 WALKUP, MELODIS, KELLY 7 ‘& SCHOENBERGER [APROFESSIONAL CORPORATION se cagremnagre SAN FRANCISCO, CA 94108, PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663 (415) 981-7210 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 29: Produce all DOCUMENTS related to YOUR policies and/or procedures, including policies and/or procedures that were considered, whether implemented or not, that are associated with attempts or failed attempts to provide OTA software and/or firmware updates in YOUR vehicles from implementation of OTA updates through current. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 30: Produce all DOCUMENTS showing the obstacle rating assigned by the SUBJECT VEHICLE to the crash attenuator and median in the seconds before the 10 subject crash. 11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 31: 12 Produce all DOCUMENTS related to YOUR assessment of the SUBJECT 13 VEHICLE crash that were produced to any government or law enforcement agency. 14 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 32: 15 Produce all DOCUMENTS related to an assessment of the SUBJECT 16 VEHICLE crash done by any third-party or outside entity. a REQUEST FOR PRODUCTION OF DOCUMENTS NO. 33: 18 Produce all DOCUMENTS that identify and describe YOUR procedure for 19 classifying, processing, handling, monitoring and analyzing all post-market claims or 20 complaints of damage, injury, and/or death from 2014 to current. 21 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 34: 22 Produce all litigation complaints filed against YOU alleging a failure of the 23 AUTOPILOT SYSTEM in a Tesla vehicle from 2014 to current. (Definition: The term 24 “AUTOPILOT SYSTEM” means the Advanced Driver Assistance System that 25 includes radar, cameras, sensors, GPS, the Autopilot electronic control unit (APE), all 26 chips used as part of the AUTOPILOT SYSTEM, and other hardware, as well as all 27 software, firmware and algorithms, that provide such autonomous features as auto- caw orrices or 28 WALKUP, MELODIS, KELLY 8 ‘& SCHOENBERGER [APROFESSIONAL CORPORATION se cagremnagre SAN FRANCISCO, CA 94108, PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663 (415) 981-7210 steering, traffic-aware cruise control, lane changing, automated parking, forward collision warning, lane assist, speed assist, driver warning systems, and automated braking functions. It also includes all communication interfaces and over-the-air (OTA) software and/or firmware updates to the AUTOPILOT SYSTEM, and any software or hardware designed to enable the full self-driving feature when it is operational.) REQUEST FOR PRODUCTION OF DOCUMENTS NO. 35: Produce all DOCUMENTS YOU produced during discovery and all testimony given in any litigation alleging a failure of the AUTOPILOT SYSTEM in a Similar 10 Vehicle. 11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 36: 12 Produce all DOCUMENTS related to any type of claim alleging a failure of the 13 AUTOPILOT SYSTEM in a Tesla vehicle from 2014 to current. 14 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 37: 15 Produce all DOCUMENTS related to any type of claim in which a driver 16 alleged a SIMILAR VEHICLE or RELATED VEHICLE veered, swerved, deviated or a the like within or out of the lane of travel without driver input. 18 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 38: 19 Produce all DOCUMENTS related to any type of claim alleging a SIMILAR 20 VEHICLE or RELATED VEHICLE did not recognize or react as expected to lane 21 markers or any other stationary object on a highway, including other motor vehicles. 22 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 39: 23 Produce all DOCUMENTS related to any type of claim alleging a SIMILAR 24 VEHICLE or RELATED VEHICLE did not recognize a gore and/or roadside traffic 25 safety hardware along the roadway, whether or not the vehicle collided with the 26 hardware. 27 HI caw orrices or 28 WALKUP, MELODIS, KELLY 9 ‘& SCHOENBERGER [APROFESSIONAL CORPORATION se cagremnagre SAN FRANCISCO, CA 94108, PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663 (415) 981-7210 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 40: Produce all DOCUMENTS related to any type of claim alleging a SIMILAR VEHICLE or RELATED VEHICLE sped up after a lead vehicle moved out of its path, and a stationary object was in front of the SIMILAR or RELATED VEHICLE. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 41: Produce all DOCUMENTS related to any type of claim that a vehicle’s log incorrectly recorded, or did not record, any type of event. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 42: Produce all DOCUMENTS related to any evaluation or analysis of any type 10 regarding the accuracy of YOUR vehicle logs. 11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 43: 12 Produce all DOCUMENTS associated with any field investigations related to a 13 failure or alleged failure of the AUTOPILOT SYSTEM in SIMILAR VEHICLES and 14 RELATED VEHICLES. 15 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 44: 16 Produce all analyses or evaluations of any type associated with any crash- a related dataset (e.g., NASS CDS, CIREN, FARS, etc.) related to the performance of 18 YOUR AUTOPILOT SYSTEM and/or the performance of other manufacturers 19 vehicles using Level 1 or 2 autonomous systems. 20 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 45: 21 Produce all service bulletins, technical bulletins, information sheets, and 22 safety alerts sent by YOU to any dealerships relating to the AUTOPILOT SYSTEM 23 in a Tesla vehicle from 2014 to current. 24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 46: 25 Produce all DOCUMENTS YOU obtained related to any investigations or 26 evaluations by third parties, including the National Highway Traffic Safety 27 Administration (NHTSA) and the National Transportation Safety Board (NTSB) caw orrices or 28 WALKUP, MELODIS, KELLY 10 ‘& SCHOENBERGER [APROFESSIONAL CORPORATION se cagremnagre SAN FRANCISCO, CA 94108, PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1) TO DEFENDANT TESLA INC. dba TESLA MOTORS, INC. - CASE NO. 19CV346663 (415) 981-7210 regarding potential failures in the AUTOPILOT SYSTEM in the SUBJECT VEHICLE, SIMILAR VEHICLES, and RELATED VEHICLES. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 47: Produce all DOCUMENTS that discuss, refer, relate or pertain to communications, including but not limited to, letters, emails, meeting minutes, notes or memoranda, between YOU and NHTSA and/or any contractors for NHTSA, regarding investigations into potential failures of the AUTOPILOT SYSTEM in the SUBJECT VEHICLE, SIMILAR VEHICLES, and RELATED VEHICLES, including but not limited to investigation PE16-007. 10 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 48: 11 Produce all DOCUMENTS that discuss, refer, relate or pertain to YOUR 12 internal communications including but not limited to letters, emails, meeting 13 minutes, notes or memoranda regarding NHTSA’s investigations or inquiries of any 14