Preview
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MILES B. COOPER, SBN209085
EMISON HULLVERSON LLP
1005 Sansome Street, Suite 330
San Francisco, California 94111
Telephone: 415-434-2111
Facsimile: 415-434-2112
miles@emisonhullverson.com
ATTORNEYS FOR PLAINTIFFS
NATHAN MARSHALL and
ALEX MARSHALL
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
JUL 29 2014
Clerk of the Court
BY: ROMY RISK
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
NATHAN MARSHALL and ALEX
MARSHALL, individually and as successors in
interest to decedents DENNIS T. MARSHALL
and KAREN MARSHALL,
Plaintiffs,
v.
DESOTO CAB COMPANY, INC., FAEGH
BEHBAHANL SELBY AND HUDSON
CORPORATION, and DOES 1-20, inclusive,
Defendants.
CASE NO, CGC-12-521356
PLAINTIFFS’ THE MARSHALLS’
SEPARATELY BOUND
EVIDENCE IN SUPPORT OF
THEIR OPPOSITION TO
DEFENDANT SELBY AND
HUDSON CORPORATION’S
MOTION FOR SUMMARY
JUDGMENT
VOLUME 1 OF 3
Date: August 12, 2014
Time: 9:30 a.m.
Judge: Hon. Ernest H. Goldsmith
Case Filed: June 5, 2012
Trial Date: October 6, 2014
PLAINTIFFS’ THE MARSHALLS’ SEPARATELY BOUND EVIDENCE IN SUPPORT OF THEIR
OPPOSITION TO DEFENDANT SELBY AND HUDSON CORPORATION’S MOTION FOR SUMMARY
JUDGMENTExhibit 1LSS | THORSNES
Transcript of the Testimony of:
Hansu Kim
Marshall v. Desoto Cab Company, Inc.
June 6, 2013
Volume |
THORSNES LITIGATION SERVICES, LLC
P: 877.771.3312 | F: 877.561.5538
www.thorsnes.comHansu Kim June 6, 2013
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
NATHAN MARSHALL and ALEX No. CGC-12-521356
MARSHALL, individually and
as successors in interest to
decedents DENNIS T. MARSHALL
and KAREN MARSHALL,
Plaintiffs,
vs.
DESOTO CAB COMPANY, INC.,
FARGH BEHBAHANI, and DOES 1-20,
inclusive,
Defendants.
/
VIDEOTAPED DEPOSITION OF HANSU KIM
DATE: June 6, 2013
TIME: 10:40 a.m.
LOCATION: ROUDA FEDER TIETJEN & McGUINN
44 Montgomery Street
Suite 4000
San Francisco, California
REPORTED BY: Mary E. Garland
Certified Shorthand Reporter
License Number 4721
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Hansu Kim
June 6, 2013
Page 67,
Q.
Page 81,
OQ.
Page 88,
QO.
Company,
INDEX
EXAMINATION BY:
MR. COOPER
EXHIBITS
Plaintiff's Exhibits:
83 Notice Of Deposition Duces Tecum Of
The Person Most Qualified From DeSoto
Cab Company, Inc. Regarding Selby Garage,
Inc., Cab No. 2111 and 555 Selby Street,
San Francisco, CA
line 20
What is Rafael's last name?
line 13:
And what is that person's name?
line 4:
PAGE:
83
84 Defendant New DeSoto Cab Cooperative 83
Inc.'s Responses To Plaintiff's
Requests For Production Of Documents At
Deposition
85 Stipulation To Prohibit Use Or Disclosure 83
Of Hansu Kim's Deposition Testimony For
Any Purposes Other Than Subject Litigation
Information to be provided by the witness:
Okay. Do you know who at DeSoto or who at
Selby and Hudson I should speak to about that?
THORSNES LITIGATION SERVICES, LLC | 877.771.3312
Page 3
] www.thorsnes.coma oO B® WwW DN
Hansu Kim June 6, 2013
The cab company that Yahoo allied with for its
Yahoo cabs, which company was that?
A. It was Luxor Cab.
Qo Okay.
A. Yeah.
O° Go on.
A So Luxor was putting in a new dispatch system.
And I was hired by Luxor Cab to help deploy, go over
that deployment of the dispatch system.
When I was helping him, the main cab companies
had an association, and they asked if I would help them
with what's called a gate and meter increase; which is
what they can charge to lease a cab out was controlled
by the city, and what the meter rates were in terms of
what the drivers could charge the public was set. And
they felt it was long overdue for an increase, and they
had a lot of difficulty doing that.
So what I did was I took on that consulting role
and helped them get a gate and meter increase. And it
was a very difficult task, but I got that accomplished.
And it gave me a lot of credibility with the taxi
companies in San Francisco, as a consultant that got them
a gate and meter increase.
QO. And what year did that occur?
A. 2001. 2001.
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Hansu Kim June 6, 2013
Q. And approximates are fine.
A. Sure.
Q. So ...
A. About 2001.
At that time, all the major cab comoanies hired
me as a consultant to handle their reguiatory issues.
So we're talking Yellow, Luxor, to all the major cab
companies. Not all the cab companies. There are 32 cab
companies in San Francisco.
The major ones are Yellow, Luxor, and DeSoto;
and there's a few others of medium to smaller sizes.
They had an association, called the San Francisco Taxi
Association, and I was their consultant, and also their
executive director of that association.
So IT handled primarily all taxi-related issues,
problems, government relations, all the things that they
did very poorly. That's how I started in the taxi
business. I continued to do other types of consulting,
but FE started to get more and more work; and matter of
fact, more work than IT can handle.
And one of the things I did was: The MTA was
looking to do -- change their paratransit -- paratransit
coupons. And just so you're aware, San Francisco has a
subsidized program for paratransit; that is, those that
are disabled and elderly, they get a subsidized cost to
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Hansu Kim June 6, 2013
time to take a -- our first break.
THE WITNESS: Sure.
VIDEO TECHNICIAN: Okay. We're off the record
at 11:18.
(Recess taken.)
VIDEO TECHNICIAN: Okay. Then we are back on
the record at 11:31.
THE WITNESS: So I'm going to talk a little bit
about how we ended up acquiring DeSoto Cab, how that
transaction was done, and how we accomplished it.
DeSoto Cab was one of my clients. DeSoto Cab,
on regulatory issues and so forth, they sometimes had
internal problems. But I also represented a group called
the San Francisco Medallion Holders Association. And
that was an association that represented the taxi drivers
that had taxi medallions.
They were members of the DeSoto Cab Cooperative,
that were members of the association, so many of them
knew that I was an advocate for them. So I had a very
good reputation for the DeSoto shareholders and DeSoto
Cab Company, in general.
Well, unfortunately, my assessment of the way
that they ran the company, I don't think you can run a
cab company worse, for multiple reasons.
But, quite frankly, the company was run by
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Hansu Kim June 6, 2013
QO. Okay.
A. Okay. So Cindy Ward was the general manager.
And when I was consulting, she would talk to me about
how frustrating it was running the company, with the
board trying to make all the decisions.
And I said, "Look, Cindy, you need to work out
a contract that gives you more executive power,
decision-making. You can have someone over you -- ten,
20 people over you on every decision you make, small or
minor." That was my advice to her.
There were different factions of the group. For
the most part, it was a friendly group. There was some
fighting. But as IT said, I'm going to be very frank with
you. DeSoto Cab was a very corrupt company, in the sense
that the shareholders, they set up the company to benefit
themselves in a way where, for example, good rides, the
dispatch. So if you're out there driving as a
shareholder and airport fares come in or long fares, they
can direct where those orders come to.
So DeSoto had a reputation of being somewhat of
a corrupt dispatch, being set up for the benefit of their
medallion holders. And the regular driver, who's not a
medallion holder, leasing out the cab, they knew it;
right? So that was some of the challenges that they had.
But you had -- every person that I can think of
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Hansu Kim June 6, 2013
that was on the board had no business background; you
know, did not understand finance, did not understand, you
know, all the basics of running such a big operation.
And running a taxi company, my gosh, there's so
many variables. And although the industry is simple in
some ways, it is very complicated in terms of running,
buying cars, 500 drivers. You know, there's so many
variables there.
So I was brought in several times beforehand.
And they initially asked me, "Can we borrow money from
you? Is there a way that you'd like to come in and help
us at DeSoto Cab?"
And T said, "I think you have a problem in the
nature of how you set this company up as a cooperative.
And I don't think I would be interested in being involved
under the current setup that you are."
"Well, would you be interested in buying us out,
buying the company and so forth?"
And they started to interview lots of different
companies as to who they were going to either sell the
company to or go out of business in -- I mean, go out of
business. They couldn't buy any more cars, they couldn't
do all the things that you need to run a company. They
ran into the wall. They were not going to be able to get
a new insurance policy. This accident and others. And
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Hansu Kim June 6, 2013
the frequency of accidents with them is embarrassing.
And what I mean by corruption, also, is you have
bad drivers at a company, you've got to cancel their
leases. You've got to make sure that you have good
drivers behind the wheel.
Well, some of these drivers that were bad may be
friends with the cooperative members -- right? -- may be
friends with a medallion holder or -- so they allowed bad
drivers to continue operating at the company. So this
was the culture that DeSoto had.
And I said the only way I would consider coming
into DeSoto was to make sure that I owned the company.
And they discussed it, and they were look --
they interviewed, again, other cab companies. But they
said, "You're the only person we trust, and we'd like to
work out a deal with you."
And we worked out a deal where I would -- they
want to see a commitment in the company. But there was
so much debt in the company, and the fact that we didn't
know that we were going to be able to get insurance.
They want to see that I was committed, that I would put
money and try to save the company.
In other words, their interest was, "Will you,
please, save our blue color scheme? We don't want to see
DeSoto go away. We want to see a financial commitment to
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Hansu Kim June 6, 2013
Excuse me.
Q. No worries.
A. I thought, you know -- I thought -- we aimost
didn't do it, because how are we going -- and we had to
do two things before we bought the company.
Because I was involved in the taxi industry and
the cameras, I had to go to one of the insurance
companies to say, "If I buy this company -- I know you
wouldn't insure the old DeSoto Cab. And if I put in
this technology and do everything, and now that I own
it, will you offer us an insurance policy?”
And behind the scenes, they agreed to do so.
If I wasn't going to do that, I couldn't buy the
company. I wouldn't have an insurance. Or I'd have to
go to the assigned risk pool, 14 -- it's not -- it's not
viable. So --
QO. Side note: Was DeSoto or any of its related
entities at that point able to do the uninsured piece,
where I believe you have to bond for 5 million?
A. Yeah. No. So DeSoto was in a situation where
they -- they were going to go down with the ship. They
liked what they -- how they are running it, as much it
was corrupt, because it benefited them.
But they finally realized "We can't buy any
more cars, no one's going to give us money to buy cars.
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We cannot get a new insurance policy."
So there was --
Q. And that's why I'm asking about the self-
adjusting.
A. Yeah.
Q. Because I know that -- and I can't remember the
exact threshold. I think it used to be 5 million of
asset.
A. Well, yeah. Well, you have to have about
$5 million in assets to have self-insurance, a
self-insurance certificate and other things to meet that
-- those qualifications. They weren't going to -- they
were nowhere -- they were in the negative.
So when we bought the company, the company was
about $2 million in debt, roughly. They couldn't buy
new cars. But, again, that was one of the prerequisites
for us to buy the company, can we get insurance?
And because I knew the insurance company well
and knew the guys there, and they knew my camera and
what I was trying to do -- and they saw me give speeches
about risk management and this type of thing -- I
convinced them to take a chance with us, even though the
loss history was horrific.
You look at the last five years of DeSoto Cab,
it's embar -- it's amazing that they were still -- well,
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QO. Was that for not insurance defense work, but
accident defense work?
A. Everything.
OQ. Okay.
A. Imean, it all came out to more than 300,000.
We went to Barry Wester beforehand and we said,
"Barry, if we buy this company, will you work with us on
this? If not, you may not even get --" the guy was
terrific. I mean, not only did he know the business, but
he was a good man.
And he said "Look --" we talked about it, and he
reduced it to $100,000. And he said, "You pay me when
you can. And we thought, "All right. This guy's willing
to work with us."
And just so you know, we haven't paid him yet.
So he's owed another 100,000 -- he's owed 100,000. He's
been very patient. I call him once in a while. He's
been incredibly patient.
But if we weren't able to lower that 300,000 to
100,000, weren't able to make sure that 450 was reduced,
there's no way we're going -- we're not going to get into
the -- let the company go -- and the other option was to
let the company go and start Blue Cab or something else
-- right? -- and start fresh.
Q. Were there other -- beyond those two debts,
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And so I'm looking for people whose names you
cemember, either in dispatch or cashiering -- or in the
garage, for that matter -- who you remember as, "Okay,
we needed to shift this person," or "This person needed
to go."
A. Yeah. Well, Buzz is still there, Larry is
still there. But what we did was -- and I think IT need
to explain this well. DeSoto was still one of the old
voilce-dispatch companies. So when you took a DeSoto
cab, this is how voice dispatch works. It's actually a4
lost art. A dispatcher is incredible.
A dispatcher has to -- when you get an order --
and he may have 20 in front of him -- he's got to call
out the cross street; and then people call in on the
radio, wherever they are, with their cross street; and
he's got to figure out in his head 20 different orders,
and who is the closest cab to each one, and then assign
that order to them.
Tt's kind of interesting to watch a guy do
that. It's kind of inefficient. But one of the things
that it's a problem is it leads to corruption. You can
give an order to someone who's not closest or you don't
~- you do that.
And here's another thing a lot of people don't
know. The way, culturally, it worked was that if you
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were close to the order, almost identical to another
person, the first cab that got to that order gets that
order. So say -- so, in other words, drivers would race
to the order to see who could get to that location first
to get that order.
So this created an environment -- and I'm not
joking when IT say there were DeSoto cars that hit each
other racing to an order. This is the culture of voice
dispatch. Not just DeSoto, but every cab company in San
Francisco that did voice dispatch runs this way.
So we knew right away, the first thing we had to
do was go to computerized GPS dispatching. VeriFone had
an excellent computerized dispatch system. I was their
consultant, so IT was able to negotiate very low cost,
because I helped them.
And they rewarded me by putting in a complete
dispatch system for DeSoto Cab at extremely low cost.
And I made sure I could do that before I bought the
company, because I don't think I could afford to pay a
full -- it's very expensive.
So that connection, you know, with VeriFone help
us subsidize a complete -- and we put in a whole
computerized dispatch system.
So now the way the orders are done, every cab is
tracked by GPS. When an order is put into the
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had scavenged, on his own, to replace equipment without
having to buy more equipment and stuff like that.
But you can see -- and so he -- he showed us
that he was doing what he could for the company. And he
proved that to us, so we didn't let him go, even though
we were just appalled at the state of affairs of how the
company was serviced and what was happening there.
DeSoto Cab also has an interesting relationship
with Chrysler. Chrysler is -- has a testing facility at
DeSoto, so it tests its vehicles as DeSoto cabs. Nothing
beats up a vehicle like the San Francisco topography.
So they -- we continue to have that relationship
with Chrysler, where they send us vehicles, we make them
taxicabs, and that -- those vehicles that were used were
the only new vehicles that DeSoto were able to have for
a while.
So, I mean, without exaggeration, the state of
the company was very, very bad when we bought over. In
my -- so bad, that, again, the night before I signed the
deal, I was having second thoughts about it, because am
I ever -- am I going to get over this hump, am I -- can I
even make it with this company? And that was the
situation.
Q. So who was on the board at the time the
transaction occurred?
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THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.comExhibit 227
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CYNTHIA McGUINN (SBN 099324)
MILES B, COOPER (SBN 209085)
ROUDA, FEDER, TIETJEN & McGUINN
44 Montgomery Street, Suite 4000
San Francisco, California 94104
Telephone: 415-398-5398
Facsimile: 415-398-8169
me.team@rfimlaw.com
wwwsrfimlaw.com
ATTORNEYS FOR PLAINTIFFS
NATHAN MARSHALL and
ALEX MARSHALL
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO.
NATHAN MARSHALL and ALEX CASE NO, CGC-12-521356
MARSHALL, individually and as successors in
interest to decedents DENNIS T. MARSHALL |)» NOTICE OF DEPOSITION DUCES
and KAREN MARSHALL, TECUM OF THE PERSON MOST
QUALIFIED FROM DESOTO CAB
Plaintiffs, COMPANY, INC. REGARDING SELBY
GARAGE, INC., CAB NO. 2111 AND 555
v. SELBY STREET, SAN FRANCISCO, CA
DESOTO CAB COMPANY, INC., FAEGH Case Filed: June 5, 2012,
BEHBAHANI, and DOES 1-20, inclusive, Trial Date: September 9, 2013
Defendants.
TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that plaintiffs will take the depositions of the persons
designated below on June 6, 2013 at 10:30 AM at Rouda, Feder, Tietjen & McGuinn, 44
Montgomery Street, Suite 4000, San Francisco, California, 94104 before a Notary Public, said
deposition(s) to continue from day, excluding Saturdays, Sundays and holidays, until completed.
PLEASE TAKE FURTHER NOTICE that the deposition may be videotaped and will be
recorded stenographically, pursuant to California Code of Civil Procedure § 2025.330 and §
2025.340.
1
NTD OF DESOTO PMK RE SELBY. CAB NO. 2111 AND 555 SELBY STREET. SAN FRANCISCO. CA
{W0325372.DOC}NOTICE 1S FURTHER GIVEN that, in accordance with Code of Civil Procedure §
2025.230, defendant DESOTO CAB COMPANY, INC. shall designate and produce at its
deposition those of its officers, directors, managing agents, employees and/or agents who are
most qualified to testify on its behalf as to those matters concerning any information known or
reasonably available fo the deponent.
The following definitions are used throughout the subcategories for the designated agent
and apply to the document requests:
DEFINITIONS
i The terms “YOU” and “YOUR” refer to defendant DESOTO CAB COMPANY,
INC., together with any agent, employee, assign, representative, attorney, parent corporation,
predecessor corporation, “doing business as” entity, and/or insurer of defendant DESOTO CAB
COMPANY, INC., or any other person acting directly or indirectly on defendant’s behalf.
2. The term “DOCUMENT(S)” refers to all written (whether handwritten,
typewritten, compuier printed or otherwise generated), recorded, graphic or visual matter of
material of any kind. “DOCUMENT(S)” also includes, but is not limited to, writings (as that term
has been interpreted pursuant to California Evidence Code section 250, including transcripts of
oral communications, photographs, videotapes and films, and recorded communications on tape
or disk), books, papers, drawings, photographs, videotapes, films, tapes or other photographic
recordings, microfilm, microfiche, computer printouts, audio or video tape recordings, magnetic
tapes, punch cards, records, reports, letters or any correspondence, electronic mail (“e-mail”) or
similar electronic communications, telegrams, telexes, memoranda, notes, field notes, marginal
notations, complaints, contracts, studies, affidavits, agendas, meeting minutes, resolutions,
diaries, appointment books, calendars, desk calendars, analysis, work papers, statistical reports,
circulars, charts, transcripts, bills, invoices, receipts, ledgers, worksheets, checks, logs, ledgers,
payrolls, tax records, audits, reviews, sketches, graphs or graphics, pamphlets, brochures,
manuals, financial reports, financial summaries, summary statements, lists, agreements, purchase
orders, expense records, purchase and sale statements or their equivalent, depositions, interview
transcripts or their equivalent, press releases in publications, discs, data cells, drums, printouts,
2
NTD OF DESOTO PMK RE SELBY, CAB NO. 2111 AND 555 SELBY STREET, SAN FRANCISCO, CA
{W0325372.DOC}27
28
data compilations, notes, and any and all other types of tangible things in whatever form upon or
in which information is or may be recorded, whether mechanical, electronic or handwritten,
including but not limited to tape recordings, photographs and any non-identical drafts of
responsive DOCUMENT(S), copies or reproduction of such DOCUMENT(S) or tangible things,
or any physical file or its equivalent in which any such DOCUMENT or tangible thing has been
or is stored or maintained. Whenever in this discovery there is a request to identify
DOCUMENT(S), please state as to each DOCUMENT its title, data, author, recipient, or
addressee and last known custodian of the DOCUMENT(S).
DEPOSITION CATEGORIES
Defendant DESOTO CAB COMPANY, INC. shall produce its designated agents to
testify to the following matters:
1. YOUR corporate and business structure.
2. YOUR general business history.
3. YOUR general day-to-day operations in at the time of the INCIDENT.
4. YOUR business relationship with Selby Garage, Inc. at the time of the
INCIDENT.
5. YOUR “Selby Garage vehicle maintenance charges” as listed in DEF 000175,
produced by YOU in response to Plaintiffs’ Request for Production Set One and
attached as Exhibit 1.
6. YOUR transfer of the real property 555 Selby Street, San Francisco, California to
Selby & Hudson Corp. in January 2012 as listed in Exhibit 2, attached to this
notice.
7. The purchase, maintenance, history and repair of YOUR Cab No. 2111.
REQUESTED DOCUMENTS
NOTICE IS FURTHER GIVEN that, in accordance California Code of Civil Procedure
§ 2025.220(4), the deponent(s) is/are requested to bring with him/her/them to the taking of their
deposition all the DOCUMENTS and things relating to the issues in this action listed below:
1. All DOCUMENTS referencing or comprising YOUR business relationship with
3
NTD OF DESOTO PMK RE SELBY. CAB NO. 2111 AND 555 SELBY STREET. SAN FRANCISCO, CA
{W0325372.DOC}Selby Garage, Ine atthe time of the INCIDENT.
2 AILDOCUMENTS referencing orcomprising any communications between YOU
and Selby. Garage, Inc. including tutnot limited to invoices, payments, bills,
piemos, and emails,
3. All DOCUMENTS referencing or comprising YOUR transfer of the real property.
455 Selby Street, San Francisco, California to Selby & Hudson Corp. in January
2012 as listed in Exhibit-2, tached to this notice,
4. AILDOCUMENTS relerencing YOUR Cab No. 2111, including! but not Hemited to
its ylrchase, repalrs, maintenarice, complaints, licensing, mileage, and ownership,
DATED: May 8, 2013 ROUDA, FEDER, “TIETIEN, and MeGUuINN
Miles:B. Cooper
Attorneys for Plaintift
4
DESOTO PMK RE SELBY. CAB NO. 2111 AND 954 SELBY STI SAN FRANC
WORSE 72 DOCS6
PROOF OF SERVICE
Lars. employed | in the City and County of San Francisco, State of California. Lam over 18.
years of-age and not a party 40 this action. My business address is Rawda; Feder, Tetien &
Metin 44 Montgomery Street, Suite 4000, San Francisco, CA 94104,
On the-date below 1 served .a true copy of the following docoment(s):
NOTICE OF DEPOSITION DUCES TECUM OF THE PERSON MOST QUALIFIED
FROM DESOTO CAB COMPANY, INC, REGARDING SELBY GARAGE, ING,
CAB NO. 21 AND 555 SELBY STREET, SAN FRANCISCO, CA:
on the interested paities to said action by the following means:
xl (BY MAIL) By placing:a trae copy of the above, enclosed in.a sealed envelope with
Appropria stage, for collection and.mailing following our ordinary business
practices, | am-readily Gamiliarsvith this business"s practice for-collecting and
processing correspondence for mailing, On the same day that the correspond
placed for.collection.and mailing, il is deposited in the ordinary course of bi 8
the United'States Postal Service, in a sealed envelope with postage fully prepaid,
eis
(BY OVERNIGHT DELIVERY). By placing a true:copy of the-abave, enclosed ita
sealed ee encore with delivery charges to be billed to Rouda, Feder, Tieljen & McGuinn,
ry by Federal Express tothe address(es) shown below.
cI B FACSIMILE TRANSMISSION) By transmitting a trac copy of the above by
ile transmission from facsimile number. (415) 398-8169 to the atloraey(s) or
party(ies) shown below.
(BY MESSENGER). By placing.a tae copy of the above. in.asealed envelope and by
giving said envelope to an employee of amessenger service for guaranteed, same-day
delivery tothe address(es) shown belaw.
["] GY HAND DELIVERY) By personal delivery of a true copy of the above to the
allomeys or parties shown below
I (BY E-MAIL or ELECTRONIC TRANSMISSION) Based on a-court order-or an
agreement of the parties to aecepl sérvice by eanall or electronic transmission, | caused
the documenis to be sent to. the personis-al the e-mail addresses listed below, L-did not
receive, wilhin a reasonable period of time, afier the transmission, any electronic
message or other indication that the transmission was uisucdessful.
Philip A. Segal, Haq,
Kern, Noda, Devine-& Segal
1388. Sutter sees Suite 600
Edeclare under penalty of perjury under the faw-of the State of California thatthe forgoing
is truc-and correct.
DATED: May 8 2013
§WO325372. DOK.Exhibit 3PHILIP A. SEGAL, ESQ. 137633
DANIEL G. BALICH, ESQ. 278105
KERN, NODA, DEVINE & SEGAL
1388 Sutter Street, Suite 600
San Francisco, CA 94109
Tel: (415) 474-1900
Attorney for Defendants,
DESOTO CAB COMPANY, INC. and FAEGH BEHBAHANI
SUPERIOR COURT THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
NATHAN MARSHALL and ALEX NO.: CGC-12-521356
MARSHALL, individually and as
successors in interest to decedents DENNIS
T. MARSHALL and KAREN MARSHALL DEFENDANT NEW DESOTO CAB
COOPERATIVE COMPANY, INC’S
Plaintiffs, ANSWERS TO FORM
INTERROGATORIES
VS.
DESOTO CAB COMPANY, INC., FAEGH
BEHBAHANI, and DOES 1-20, inclusive.
Defendants.
/
PROPOUNDING PARTY: Plaintiffs, NATHAN and ALEX MARSHALL
RESPONDING PARTY: Defendant, DESOTO CAB COMPANY, INC.
SET NUMBER: ONE
GENERAL OBJECTIONS
Defendant DESOTO CAB COMPANY, INC. (“Defendant”) incorporates the
following objections into each of the following responses as if separately set forth in each
response,
Defendant objects to each, any and every interrogatory to the extent that the
requests seek the opinions of expert witnesses prior to the commencement of expert
DEFENDANT DESOTO CAB COMPANY, INC'S ANSWERS TO FORM INTERROGATORIES27
28
disclosure and discovery pursuant to California Code of Civil Procedure §2034.210.
Defendant objects to each, any and every interrogatory to the extent that the
interrogatory potentially secks information protected by the attorney-client privilege and
attorney work product privilege. See CCP § 2018 and Nacht & Lewis Architects, Inc. v.
Superior Court (1996) 47 Cal.App.4th 214.
Defendant objects to each, any and every request to the extent the interrogatory
seeks information and / or documents protected by the right to privacy guaranteed by the
California Constitution.
Defendant objects to the propounding party’s definitions on the grounds that they
are vague and ambiguous and lack foundation, Defendant only accepts the definitions
contained in the interrogatories only for the purpose of providing a response thereto;
Defendant does not admit the accuracy of any of the propounding party’s definitions.
Defendant’s responses are based on the investigation and the discovery in this
action to date, and Defendant reserves the right to amend, delete, modify or expand these -
responses in light of further discovery and litigation. The responses are given without
prejudice to Defendant's right to produce evidence of subsequently discovered or recalled
facts, evidence and documents,
ANSWERS TO FORM INTERROGATORIES
ANSWER TO FORM INTERROGATORY NO. 1.1:
Phillip A. Segal, Esq.
Daniel G. Balich, Esq.
Kern, Noda, Devine & Segal
1388 Sutter Street, Suite 600
San Francisco, CA 94109
Tel: (415) 474-1900
Hansu Kim
555 Selby Street
San Francisco, CA 94124
Tel: (415) 970-1405
ANSWER TO FORM INTERROGATORY NO, 3.1:
Yes.
DEFENDANT DESOTO CAB COMPANY, INC’S ANSWERS TO FORM INTERROGATORIES
ode27
28
{a)
(b)
©)
@)
©
DeSoto Cab Company, Inc.
New DeSoto Cab Cooperative Company, Inc. (August of 2008 to March
2011)
July 24, 2008 (New DeSoto Cab Cooperative Company, Inc.), in California.
Amended and Restated Articles of Incorporation (DeSoto Cab Company,
Inc.) filed on March 29, 2011, in California.
555 Selby Street, San Francisco, California 94124
Yes.
ANSWER TO FORM INTERROGATORY NO, 3.2:
No.
ANSWER TO FORM INTERROGATORY NO. 3.3:
No.
ANSWER TO FORM INTERROGATORY NO. 3.4:
No.
ANSWER TO FORM INTERROGATORY NO. 3.5:
No.
ANSWER TO FORM INTERROGATORY NO, 3.6:
No.
ANSWER TO FORM INTERROGATORY NO. 3.7:
This Defendant is a registered and certified passenger carrier with the San
Francisco Municipal Transportation Agency.
ANSWER TO FORM INTERROGATORY NO. 4.1:
(a)
(b)
()
@
General Liability
Mercury Casualty Company
P.O. Box 997195
Sacramento, CA 95899-7195
DeSoto Cab Cooperative Company dba New DeSoto Cab Cooperative
Company, Inc. (note: a clerical error was made by insurance carrier as it
should state “DeSoto Cab Company, Inc. dba New DeSoto Cab Cooperative
Company, Inc.”)
555 Selby St.
San Francisco, CA 94124
CCA0012112
DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES
-3-10
1h
(ec) $1 million combined single limit
(® None that this answering Defendant is aware of.
(g) Defendants’ attorneys are in possession of the declaration page.
ANSWER TO FORM INTERROGATORY NO. 4.2:
No.
ANSWER TO FORM INTERROGATORY NO. 7.1:
Yes.
(a) 2003 Dodge Intrepid, California license number N834426
(b) Vehicle totaled.
(c) Not applicable.
(ad) Not applicable.
ANSWER TO FORM INTERROGATORY NO. 7.2:
No.
ANSWER TO FORM INTERROGATORY NO. 7.3:
No.
ANSWER TO FORM INTERROGATORY NO. 12.1:
Defendant objects to this interrogatory to the extent it seeks information protected
by the attorney-client privilege, and on the grounds of the attorney work product privilege
pursuant to CCP § 2018 and Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47
Cal.App.4th 214. Without waiving and subject to said objections, Defendant responds as
follows: Defendant is not aware of any witnesses other than those listed in Traffic
Collision Report 2010060096. Pursuant to CCP § 2030.230, Defendant has produced
documents that are responsive to this interrogatory.
Defendant's investigation and discovery is incomplete. Additional facts, persons and
documents may be discovered or identified through the discovery process and Defendant’s
investigation. Defendant reserves the right to supplement this answer if and when information
responsive to this interrogatory is obtained.
DEFENDANT DESOTO CAB COMPANY, INC’S ANSWERS TO FORM INTERROGATORIES
adeANSWER TO FORM INTERROGATORY NO. 12.2:
Defendant objects to this interrogatory to the extent it seeks information protected
by the attorney-client privilege, and on the grounds of the attorney work product privilege
pursuant to CCP § 2018 and Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47
Cal.App.4th 214. Without waiving said objection, Defendant responds as follows:
L Eugene Duffy, 163 ie Ave., Apt. #4, San Francisco, CA 94131. Interview
conducted on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O.
Box 4600, Rancho Cucamonga, CA 91729.
2. Byron Molina, 1010 Canyon Court, Pittsburg, CA 94565. Interview
conducted on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O.
Box 4600, Rancho Cucamonga, CA 91729.
3. Richard Keen, 841 46h Ave., San Francisco, CA 94121. Interview
conducted on June 20, 2010 by Debbie Hall, Mercury Insurance Group, P.O.
Box 4600, Rancho Cucamonga, CA 91729,
4.- Larry Tietjen, 3601 Calafia Ave., Oakland, CA 94605. Interview conducted
on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600,
Rancho Cucamonga, CA 91729.
Ss. Gregory James Cochran, 2994 Grant Street, Concord, CA 94520. Interview
conducted on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O.
Box 4600, Rancho Cucamonga, CA 91729.
6. Lesley Greene, Interview conducted on June 20, 2010 by Debbie Hall,
Mercury Insurance Group, P.O, Box 4600, Rancho Cucamonga, CA 91729.
7. Faegh Behbehani, 349 Philip Dr., Suite 204, Daly City, CA 94015.
Defendant’s investigation and discovery is incomplete. Additional facts, persons and
documents may be discovered or identified through the discovery process and Defendant’s
investigation. Defendant reserves the right to supplement this answer if and when information
responsive to this interrogatory is obtained.
My
DEFENDANT DESOTO CAB COMPANY, INC’S ANSWERS TO FORM INTERROGATORIES
~5-ANSWER TO FORM INTERROGATORY NO, 12.3:
Defendant objects to this interrogatory to the extent it seeks information protected
by the attorney-client privilege, and on the grounds of the attorney work product privilege
pursuant to CCP § 2018 and Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47
Cal.App.4th 214, Without waiving said objections, Defendant responds as follows:
1,
Eugene Duffy, 163 17" Ave., Apt. #4, San Francisco, CA 94131. Statement
taken on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box
4600, Rancho Cucamonga, CA 91729.
Byron Molina, 1010 Canyon Court, Pittsburg, CA 94565. Statement taken
on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600,
Rancho Cucamonga, CA 91729.
Richard Keen, 841 46" Ave., San Francisco, CA 94121, Statement taken on
June 20, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600,
Rancho Cucamonga, CA 91729.
Larry Tietjen, 3601 Calafia Ave., Oakland, CA 94605. Statement taken on
June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600,
Rancho Cucamonga, CA 91729.
Gregory James Cochran, 2994 Grant Street, Concord, CA 94520, Statement
taken on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box
4600, Rancho Cucamonga, CA 91729.:
Lesley Greene, 312 Brosnan Place, South San Francisco 94080. Statement
taken on June 20, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box
4600, Rancho Cucamonga, CA 91729.
Faegh Behbehani, 349 Philip Dr., Suite 204, Daly City, CA 94015.
Statement taken on June 14, 2010 by Richard Keen, 841 46" Ave., San
Francisco, CA 94121.
Ashraf Daga, unknown address, Statement taken by Debra Hall Jalen,
KDH Adjusting Services, 3261 Waterview Court, Hayward, CA 94542, (510)
DEFENDANT DESOTO CAB COMPANY, INC’S ANSWERS TO FORM INTERROGATORIES
-6-247-1202 on June 18, 2010.
9, Gattoufi Jamel, unknown address. Statement taken by Debra Hall Jalen,
KDH Adjusting Services, 3261 Waterview Court, Hayward, CA 94542, (510)
247-1202 on June 18, 2010.
10. | Robert Horber, unknown address. Statement taken by Debra Hall Jalen,
KDH Adjusting Services, 3261 Waterview Court, Hayward, CA 94542, (510)
247-1202 on June 18, 2010.
Il. John Russo, unknown address. Statement taken by Debra Hall Jaien, KDH
Adjusting Services, 3261 Waterview Court, Hayward, CA 94542, (510) 247-
1202 on June 18, 2010.
12. Abdul Saleem, unknown address. Statement taken by Debra Hall Jalen,
KDH Adjusting Services, 3261 Waterview Court, Hayward, CA 94542, (510)
247-1202 on June 18, 2010.
Defendant’s investigation and discovery is incomplete. Additional facts, persons and
documents may be discovered or identified through the discovery process and Defendant’s
investigation. Defendant reserves the right to supplement this answer if and when information
responsive to this interrogatory is obtained.
ANSWER TO FORM INTERROGATORY NO. 12.4:
Defendant objects to this interrogatory to the extent it seeks information protected
by the attorney-client privilege, and on the grounds of the attorney work product privilege
pursuant to CCP § 2018 and Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47
Cal.App.4th 214. Without waiving these objections, Defendant responds as follows:
a) 381 photographs
b) Photographs are of subject vehicle, incident scene, and stretch of highway
from SFO International Airport leading up to the incident scene.
°) Photos taken on June 20, 2010 and March 28, 2011.
d) Photos were taken by Debra Hall Jalen, KDH Adjusting Services, 3261
_ Waterview Court, Hayward, CA 94542, (510) 247-1202 and Benn Karne,
DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES
-T-Karne Engineering, 6832 Mokelumne Ave., Oakland, CA 94605.
e) Defendants’ counsel, Debra Hall Jalen, KDH Adjusting Services, 3261
Waterview Court, Hayward, CA 94542, (510) 247-1202 and Benn Karne,
Karne Engineering, 6832 Mokelumne Ave., Oakland, CA 94605.
Defendant’s investigation and discovery is incomplete. Additional facts, persons and
documents may be discovered or identified through the discovery process and Defendant’s
investigation. Defendant reserves the right to supplement this answer if and when information
responsive to this interrogatory is obtained.
ANSWER TO FORM INTERROGATORY NO, 12.5:
Defendant objects to this interrogatory to the extent it seeks information protected
by the attorney-client privilege, and on the grounds of the attorney work product privilege
pursuant to CCP § 2018 and Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47
Cal.App.4th 214, Without waiving and subject to said objections, Defendant responds as
follows: Defendant is not aware of any diagrams, reproductions or models responsive to
this request other than those contained in Traffic Collision Report 2010060096.
Defendant’s investigation and discovery is incomplete. Additional facts, persons and
documents may be discovered or identified through the discovery process and Defendant’s
investigation. Defendant reserves the right to supplement this answer if and when information
responsive to this interrogatory is obtained.
ANSWER TO FORM INTERROGATORY NO, 12.6:
Defendant objects to this interrogatory to the extent it seeks information protected
by the attorney-client privilege, and on the grounds of the attorney work product privilege
pursuant to CCP § 2018 and Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47
Cal.App.4th 214. Without waiving and subject to said objections, Defendant responds as
follows: Other than the Traffic Collision Report 2010060096, Defendant is aware of the
following reports:
1. DeSoto Cab Cooperative Accident Report, authored by Richard Keen, 841
46" Ave., San Francisco, CA 94121. Report issued on June 14, 2010 for
DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES
“Be27
28
DeSoto Cab Cooperative, 555 Selby Street, San Francisco, CA 94124. Report
is in the possession of Defendants’ counsel.
2. KDH Adjusting Services First Report, authored by Debra Hall Jalen, KDH
Adjusting Services, 3261 Waterview Court, Hayward, CA 94542. Report issued
on June 28, 2010 for Mercury Insurance Group, P.O. Box 4600, Rancho
Cucamonga, CA 91729. Report is in the possession of Defendants’ counsel,
Defendant’s investigation and discovery is incomplete. Additional facts, persons and
documents may be discovered or identified through the discovery process and Defendant’s
investigation. Defendant reserves the right to supplement this answer if and when information
responsive to this interrogatory is obtained.
ANSWER TO FORM INTERROGATORY NO, 12.7
No,
ANSWER TO FORM INTERROGATORY NO. 13.1:
No.
ANSWER TO FORM INTERROGATORY NO, 13.2:
Not applicable.
ANSWER TO FORM INTERROGATORY NO. 14.1:
No.
ANSWER TO FORM INTERROGATORY NO. 14.2:
No:
ANSWER TO FORM INTERROGATORY NO. 15.1:
Defendant objects to this interrogatory to the extent the request seeks information
protected by the attorney-client and attorney work product privileges. Defendant objects to
this interrogatory to the extent it seeks information obtained from experts prior to date for the
disclosure of expert witnesses and expert discovery pursuant to California Code of Civil
Procedure §2034.210 et seq.
Without waiving and subject to these objections, Defendant responds as foliows:
Defendant’s affirmative defenses were pled as a matter of course.
DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES
oe27
28
ANSWER TO FORM INTERROGATORY NO. 16.1:
No.
ANSWER TO FORM INTERROGATORY NO, 16.2:
No.
ANSWER TO FORM INTERROGATORY NO. 16.3:
No.
ANSWER TO FORM INTERROGATORY NO, 16.4:
No.
ANSWER TO FORM INTERROGATORY NO, 16.5:
No.
ANSWER TO FORM INTERROGATORY NO. 16.9:
No.
ANSWER TO FORM INTERROGATORY NO. 16.10:
No,
ANSWER TO FORM INTERROGATORY NO, 20.1:
June 14, 2013 at approximately 11:00 a.m. Highway 280 at or around the Mariposa
exit.
ANSWER TO FORM INTERROGATORY NO, 20.2:
(a) 2003 Dodge Intrepid, California license number N834426
‘(b) ~~ Faegh Behbahani, 349 Philip Drive, Suite 204, Daly City, CA 94015;
(650) 755-3848
(c) Dennis and Karen Marshall
(d) New DeSoto Cab Cooperative Company, Inc.
Defendant’s investigation and discovery is incomplete. Additional facts, persons and
documents may be discovered or identified through the discovery process and Defendant’s
investigation. Defendant reserves the right to supplement this answer if and when information
responsive to this interrogatory is obtained.
Mi
DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES
-10-27
28
ANSWER TO FORM INTERROGATORY NO. 20.3:
San Francisco International Airport, 780 South Airport Blvd., San Francisco, CA
94128; Mark Hopkins Hotel, 999 California St., San Francisco, CA 94108.
ANSWER TO FORM INTERROGATORY NO, 20.4:
Defendant was not a witness to the incident. Defendant is informed and believes
that Mr. Behbahani was traveling on northbound 101 to northbound 280 to the Mariposa
exit.
ANSWER TO FORM INTERROGATORY NO. 20.5:
Defendant was not a witness to the incident. Defendant is informed and believes
that Mr. Behbahani was traveling on the Mariposa exit of northbound 280 at the time of the
incident.
ANSWER TO FORM INTERROGATORY NO. 20.6:
Defendant was not a witness to the incident. Defendant is informed and believes
that the incident did not occur at an intersection.
ANSWER TO FORM INTERROGATORY NO. 20.7:
Not applicable.
ANSWER TO FORM INTERROGATORY NO. 20.8:
Defendant was not a witness to the incident. Defendant is informed and believes
that at the time of the incident, Mr. Behbahani’s taxi was driving northbound on the
Mariposa exit of highway 280.
ANSWER TO FORM INTERROGATORY NO, 20.9:
Objection. Calls for expert opinion and calls for speculation. Without waiving said
objections, Defendant responds as follows: Not at this time. Defendant’s investigation and
discovery is incomplete: Additional facts, persons and documents may be discovered or
identified through the discovery process and Defendant’s investigation. Defendant reserves
the right to supplement this answer if and when information responsive to this interrogatory is
obtained.
ut
DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES
“IeANSWER TO FORM INTERROGATORY NO, 20.10:
Objection. Calls for expert opinion and calls for speculation. Without waiving said
objections, Defendant responds as follows: Not at this time. Defendant’s investigation and
discovery is incomplete, Additional facts, persons and documents may be discovered or
identified through the discovery process and Defendant’s investigation. Defendant reserves
the right to supplement this answer if and when information responsive to this interrogatory is
obtained.
ANSWER TO FORM INTERROGATORY NO. 20.11:
Defendant’s investigation and discovery is incomplete. Additional facts, persons and
documents may be discovered or identified through the discovery process and Defendant’s
investigation. Defendant reserves the right to supplement this answer if and when information
responsive to this interrogatory is obtained.
DATED: March ||, 2013 KERN, NODA, DEVINE & SEGAL
«
By: be _/ ae ee,
DANIEL G. BALICH, ESQ.
Attorney for Defendant,
DESOTO CAB COMPANY, INC. and FAEGH
BEHBAHANI
DEFENDANT DESOTO CAB COMPANY, INC.'S ANSWERS TO FORM INTERROGATORIES
-I2-PROOF OF SERVICE BY MAIL
I declare that:
Iam employed in San Francisco County, California. I am over the age of 18 years
and not a party to the within cause; my business address is 1388 Sutter Street, Suite 600,
San Francisco, California 94109.
On the date set forth below, I served a copy of the foregoing document by mail by
placing the same in an envelope, sealing, fully preparing postage thereon, and depositing
said envelope in the U.S. Mail at San Francisco, California. Said envelope was addressed
as follows:
Mailed to:
ATTORNEYS FOR PLAINTIFFS:
Cynthia McGuinn, Esq.
Miles B. Cooper, Esq.
ROUDA, FEDER, TIETIEN & MCGUINN
44 Montgomery Street, Suite 4000
San Francisco, CA. 94104
Documents mailed:
DEFENDANT NEW DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM
INTERROGATORIES
I declare under penalty of perjury that the foregoing is true and correct, and that this
declaration was executed on March il, 2013, at San Francisco, California.
Signed: . &. BX
GARAH ELIZABETH WHITTEN
DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES:
“BeExhibit 4uo &® Ww NH
BYRON MOLINA ~ July 10, 2014
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
NATHAN MARSHALL and ALEX MARSHALL,
individually and as successors in
interest to decedents DENNIS T.
MARSHALL AND KAREN MARSHALL,
Case No.
Plaintiffs,
vs. CGC-12-521356
DESOTO CAB COMPANY, INC., BYRON
MOLINA, SELBY AND HUDSON CORPORATION,
and DOES 1-20, inclusive,
Volume I
Defendants. Pages 1 - 65
Me SSH rH SSS
VIDEOTAPED DEPOSITION OF
BYRON MOLINA
July 10, 2014
Reported by:
CLARE MACY, RPR, CSR #5256
JAN BROWN & ASSOCIATES
WORLDWIDE DEPOSITION & VIDEOGRAPHY SERVICES
701 Battery Street, 3rd Floor, San Francisco, CA 94111
(415) 981-3498 or (800) 522-7096
JAN BROWN & ASSOCTATES (415} 981-3498 (860) 522-709624
25
BYRON MOLINA ~ July 10, 2014
INDEX
EXAMINATION BY MR. COOPER
EXAMINATION BY MR. KING
FURTHER EXAMINATION BY MR. COOPER
FURTHER EXAMINATION BY MR. KING
FURTHER EXAMINATION BY MR. COOPER
Reporter's Certificate
INDEX OF
EXHIBITS
DEFENDANTS' EXHIBIT NO.
Exhibit 1 Declaration of Byron Molina dated
June 18, 2014
EXHIBITS REFERRED TO
PLAINTIFFS! 53
PLAINTIFFS' 57
PLAINTIFFS' 58
PLAINTIFFS' 59
PLAINTIFFS' 70
PLAINTIFFS' 86 - 89
PLAINTIFFS' 93
PLAINTIFFS' 94
PAGE
PAGE
56
13
33
36
37
40
32
41
41
JAN BROWN & ASSOCTATES (415} 981-3498 (860) 522-709610:17:54
10:18:00
16:18:29
10:26:53
10:29:05
BYRON MOLINA ~ July 10, 2014
Q. Okay. So today is a fine time to go ahead and
proceed?
A. Yes.
Q. Could you state your address, please.
A, 347 Laurie Meadow Drive, San Mateo,
California, Apartment 403.
. And what is your occupation?
A. Right now, I'm a fleet manager.
Q. For whom?
A. DeSoto Cab.
Q. How long have you been a fleet manager for
DeSoto Cab?
A. Fleet manager, I've been close to -- since
2000.
QO. Okay. How long have you worked for DeSoto Cab
overall?
A. 17 years, since '97.
Q. What job did you have when you first started
with them?
A. Just a regular mechanic.
(Reporter interrupts for a clarification.)
THE WITNESS: A mechanic.
MR. COOPER: ©. A little bit of background:
Where did you go to high school?
A. I attend Mission High School here in
11
JAN BROWN & ASSOCTATES (415} 981-3498 (860) 522-709610:28:27 y
10:28:42 5B
10:29:22 49
10:25:28 45
10:29:42 29
22
23
24
10:30:00 95
BYRON MOLINA ~ July 10, 2014
right. Okay.
MR. KING: Okay. On mine, too.
MR. SEGAL: Got it? It's this page. It says
"February 18th" on the right.
THE WITNESS: Okay.
MR. COOPER: ©. Sorry. Give me a second now.
I've lost my place.
So on February 20th, it is my understanding
that there was a major repair done to the
Preview
20 26 MILES B. COOPER, SBN209085 EMISON HULLVERSON LLP 1005 Sansome Street, Suite 330 San Francisco, California 94111 Telephone: 415-434-2111 Facsimile: 415-434-2112 miles@emisonhullverson.com ATTORNEYS FOR PLAINTIFFS NATHAN MARSHALL and ALEX MARSHALL ELECTRONICALLY FILED Superior Court of California, County of San Francisco JUL 29 2014 Clerk of the Court BY: ROMY RISK Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO NATHAN MARSHALL and ALEX MARSHALL, individually and as successors in interest to decedents DENNIS T. MARSHALL and KAREN MARSHALL, Plaintiffs, v. DESOTO CAB COMPANY, INC., FAEGH BEHBAHANL SELBY AND HUDSON CORPORATION, and DOES 1-20, inclusive, Defendants. CASE NO, CGC-12-521356 PLAINTIFFS’ THE MARSHALLS’ SEPARATELY BOUND EVIDENCE IN SUPPORT OF THEIR OPPOSITION TO DEFENDANT SELBY AND HUDSON CORPORATION’S MOTION FOR SUMMARY JUDGMENT VOLUME 1 OF 3 Date: August 12, 2014 Time: 9:30 a.m. Judge: Hon. Ernest H. Goldsmith Case Filed: June 5, 2012 Trial Date: October 6, 2014 PLAINTIFFS’ THE MARSHALLS’ SEPARATELY BOUND EVIDENCE IN SUPPORT OF THEIR OPPOSITION TO DEFENDANT SELBY AND HUDSON CORPORATION’S MOTION FOR SUMMARY JUDGMENTExhibit 1LSS | THORSNES Transcript of the Testimony of: Hansu Kim Marshall v. Desoto Cab Company, Inc. June 6, 2013 Volume | THORSNES LITIGATION SERVICES, LLC P: 877.771.3312 | F: 877.561.5538 www.thorsnes.comHansu Kim June 6, 2013 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO NATHAN MARSHALL and ALEX No. CGC-12-521356 MARSHALL, individually and as successors in interest to decedents DENNIS T. MARSHALL and KAREN MARSHALL, Plaintiffs, vs. DESOTO CAB COMPANY, INC., FARGH BEHBAHANI, and DOES 1-20, inclusive, Defendants. / VIDEOTAPED DEPOSITION OF HANSU KIM DATE: June 6, 2013 TIME: 10:40 a.m. LOCATION: ROUDA FEDER TIETJEN & McGUINN 44 Montgomery Street Suite 4000 San Francisco, California REPORTED BY: Mary E. Garland Certified Shorthand Reporter License Number 4721 Page | THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.comCY BH oO PB WN 24 25 Hansu Kim June 6, 2013 Page 67, Q. Page 81, OQ. Page 88, QO. Company, INDEX EXAMINATION BY: MR. COOPER EXHIBITS Plaintiff's Exhibits: 83 Notice Of Deposition Duces Tecum Of The Person Most Qualified From DeSoto Cab Company, Inc. Regarding Selby Garage, Inc., Cab No. 2111 and 555 Selby Street, San Francisco, CA line 20 What is Rafael's last name? line 13: And what is that person's name? line 4: PAGE: 83 84 Defendant New DeSoto Cab Cooperative 83 Inc.'s Responses To Plaintiff's Requests For Production Of Documents At Deposition 85 Stipulation To Prohibit Use Or Disclosure 83 Of Hansu Kim's Deposition Testimony For Any Purposes Other Than Subject Litigation Information to be provided by the witness: Okay. Do you know who at DeSoto or who at Selby and Hudson I should speak to about that? THORSNES LITIGATION SERVICES, LLC | 877.771.3312 Page 3 ] www.thorsnes.coma oO B® WwW DN Hansu Kim June 6, 2013 The cab company that Yahoo allied with for its Yahoo cabs, which company was that? A. It was Luxor Cab. Qo Okay. A. Yeah. O° Go on. A So Luxor was putting in a new dispatch system. And I was hired by Luxor Cab to help deploy, go over that deployment of the dispatch system. When I was helping him, the main cab companies had an association, and they asked if I would help them with what's called a gate and meter increase; which is what they can charge to lease a cab out was controlled by the city, and what the meter rates were in terms of what the drivers could charge the public was set. And they felt it was long overdue for an increase, and they had a lot of difficulty doing that. So what I did was I took on that consulting role and helped them get a gate and meter increase. And it was a very difficult task, but I got that accomplished. And it gave me a lot of credibility with the taxi companies in San Francisco, as a consultant that got them a gate and meter increase. QO. And what year did that occur? A. 2001. 2001. Page 13 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.coma oo B® WwW N Hansu Kim June 6, 2013 Q. And approximates are fine. A. Sure. Q. So ... A. About 2001. At that time, all the major cab comoanies hired me as a consultant to handle their reguiatory issues. So we're talking Yellow, Luxor, to all the major cab companies. Not all the cab companies. There are 32 cab companies in San Francisco. The major ones are Yellow, Luxor, and DeSoto; and there's a few others of medium to smaller sizes. They had an association, called the San Francisco Taxi Association, and I was their consultant, and also their executive director of that association. So IT handled primarily all taxi-related issues, problems, government relations, all the things that they did very poorly. That's how I started in the taxi business. I continued to do other types of consulting, but FE started to get more and more work; and matter of fact, more work than IT can handle. And one of the things I did was: The MTA was looking to do -- change their paratransit -- paratransit coupons. And just so you're aware, San Francisco has a subsidized program for paratransit; that is, those that are disabled and elderly, they get a subsidized cost to Page 14 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.coma oO B® WwW DN Hansu Kim June 6, 2013 time to take a -- our first break. THE WITNESS: Sure. VIDEO TECHNICIAN: Okay. We're off the record at 11:18. (Recess taken.) VIDEO TECHNICIAN: Okay. Then we are back on the record at 11:31. THE WITNESS: So I'm going to talk a little bit about how we ended up acquiring DeSoto Cab, how that transaction was done, and how we accomplished it. DeSoto Cab was one of my clients. DeSoto Cab, on regulatory issues and so forth, they sometimes had internal problems. But I also represented a group called the San Francisco Medallion Holders Association. And that was an association that represented the taxi drivers that had taxi medallions. They were members of the DeSoto Cab Cooperative, that were members of the association, so many of them knew that I was an advocate for them. So I had a very good reputation for the DeSoto shareholders and DeSoto Cab Company, in general. Well, unfortunately, my assessment of the way that they ran the company, I don't think you can run a cab company worse, for multiple reasons. But, quite frankly, the company was run by Page 37 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.coma oO B® WwW DN Hansu Kim June 6, 2013 QO. Okay. A. Okay. So Cindy Ward was the general manager. And when I was consulting, she would talk to me about how frustrating it was running the company, with the board trying to make all the decisions. And I said, "Look, Cindy, you need to work out a contract that gives you more executive power, decision-making. You can have someone over you -- ten, 20 people over you on every decision you make, small or minor." That was my advice to her. There were different factions of the group. For the most part, it was a friendly group. There was some fighting. But as IT said, I'm going to be very frank with you. DeSoto Cab was a very corrupt company, in the sense that the shareholders, they set up the company to benefit themselves in a way where, for example, good rides, the dispatch. So if you're out there driving as a shareholder and airport fares come in or long fares, they can direct where those orders come to. So DeSoto had a reputation of being somewhat of a corrupt dispatch, being set up for the benefit of their medallion holders. And the regular driver, who's not a medallion holder, leasing out the cab, they knew it; right? So that was some of the challenges that they had. But you had -- every person that I can think of Page 39 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.coma oO B® WwW DN Hansu Kim June 6, 2013 that was on the board had no business background; you know, did not understand finance, did not understand, you know, all the basics of running such a big operation. And running a taxi company, my gosh, there's so many variables. And although the industry is simple in some ways, it is very complicated in terms of running, buying cars, 500 drivers. You know, there's so many variables there. So I was brought in several times beforehand. And they initially asked me, "Can we borrow money from you? Is there a way that you'd like to come in and help us at DeSoto Cab?" And T said, "I think you have a problem in the nature of how you set this company up as a cooperative. And I don't think I would be interested in being involved under the current setup that you are." "Well, would you be interested in buying us out, buying the company and so forth?" And they started to interview lots of different companies as to who they were going to either sell the company to or go out of business in -- I mean, go out of business. They couldn't buy any more cars, they couldn't do all the things that you need to run a company. They ran into the wall. They were not going to be able to get a new insurance policy. This accident and others. And Page 40 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.coma oO B® WwW DN Hansu Kim June 6, 2013 the frequency of accidents with them is embarrassing. And what I mean by corruption, also, is you have bad drivers at a company, you've got to cancel their leases. You've got to make sure that you have good drivers behind the wheel. Well, some of these drivers that were bad may be friends with the cooperative members -- right? -- may be friends with a medallion holder or -- so they allowed bad drivers to continue operating at the company. So this was the culture that DeSoto had. And I said the only way I would consider coming into DeSoto was to make sure that I owned the company. And they discussed it, and they were look -- they interviewed, again, other cab companies. But they said, "You're the only person we trust, and we'd like to work out a deal with you." And we worked out a deal where I would -- they want to see a commitment in the company. But there was so much debt in the company, and the fact that we didn't know that we were going to be able to get insurance. They want to see that I was committed, that I would put money and try to save the company. In other words, their interest was, "Will you, please, save our blue color scheme? We don't want to see DeSoto go away. We want to see a financial commitment to Page 41 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.coma oo B® WwW N Hansu Kim June 6, 2013 Excuse me. Q. No worries. A. I thought, you know -- I thought -- we aimost didn't do it, because how are we going -- and we had to do two things before we bought the company. Because I was involved in the taxi industry and the cameras, I had to go to one of the insurance companies to say, "If I buy this company -- I know you wouldn't insure the old DeSoto Cab. And if I put in this technology and do everything, and now that I own it, will you offer us an insurance policy?” And behind the scenes, they agreed to do so. If I wasn't going to do that, I couldn't buy the company. I wouldn't have an insurance. Or I'd have to go to the assigned risk pool, 14 -- it's not -- it's not viable. So -- QO. Side note: Was DeSoto or any of its related entities at that point able to do the uninsured piece, where I believe you have to bond for 5 million? A. Yeah. No. So DeSoto was in a situation where they -- they were going to go down with the ship. They liked what they -- how they are running it, as much it was corrupt, because it benefited them. But they finally realized "We can't buy any more cars, no one's going to give us money to buy cars. Page 46 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.coma oo B® WwW N Hansu Kim June 6, 2013 We cannot get a new insurance policy." So there was -- Q. And that's why I'm asking about the self- adjusting. A. Yeah. Q. Because I know that -- and I can't remember the exact threshold. I think it used to be 5 million of asset. A. Well, yeah. Well, you have to have about $5 million in assets to have self-insurance, a self-insurance certificate and other things to meet that -- those qualifications. They weren't going to -- they were nowhere -- they were in the negative. So when we bought the company, the company was about $2 million in debt, roughly. They couldn't buy new cars. But, again, that was one of the prerequisites for us to buy the company, can we get insurance? And because I knew the insurance company well and knew the guys there, and they knew my camera and what I was trying to do -- and they saw me give speeches about risk management and this type of thing -- I convinced them to take a chance with us, even though the loss history was horrific. You look at the last five years of DeSoto Cab, it's embar -- it's amazing that they were still -- well, Page 47 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.coma oO B® WwW DN Hansu Kim June 6, 2013 QO. Was that for not insurance defense work, but accident defense work? A. Everything. OQ. Okay. A. Imean, it all came out to more than 300,000. We went to Barry Wester beforehand and we said, "Barry, if we buy this company, will you work with us on this? If not, you may not even get --" the guy was terrific. I mean, not only did he know the business, but he was a good man. And he said "Look --" we talked about it, and he reduced it to $100,000. And he said, "You pay me when you can. And we thought, "All right. This guy's willing to work with us." And just so you know, we haven't paid him yet. So he's owed another 100,000 -- he's owed 100,000. He's been very patient. I call him once in a while. He's been incredibly patient. But if we weren't able to lower that 300,000 to 100,000, weren't able to make sure that 450 was reduced, there's no way we're going -- we're not going to get into the -- let the company go -- and the other option was to let the company go and start Blue Cab or something else -- right? -- and start fresh. Q. Were there other -- beyond those two debts, Page 49 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.coma oo B® WwW N Hansu Kim June 6, 2013 And so I'm looking for people whose names you cemember, either in dispatch or cashiering -- or in the garage, for that matter -- who you remember as, "Okay, we needed to shift this person," or "This person needed to go." A. Yeah. Well, Buzz is still there, Larry is still there. But what we did was -- and I think IT need to explain this well. DeSoto was still one of the old voilce-dispatch companies. So when you took a DeSoto cab, this is how voice dispatch works. It's actually a4 lost art. A dispatcher is incredible. A dispatcher has to -- when you get an order -- and he may have 20 in front of him -- he's got to call out the cross street; and then people call in on the radio, wherever they are, with their cross street; and he's got to figure out in his head 20 different orders, and who is the closest cab to each one, and then assign that order to them. Tt's kind of interesting to watch a guy do that. It's kind of inefficient. But one of the things that it's a problem is it leads to corruption. You can give an order to someone who's not closest or you don't ~- you do that. And here's another thing a lot of people don't know. The way, culturally, it worked was that if you Page 56 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.coma oO B® WwW DN Hansu Kim June 6, 2013 were close to the order, almost identical to another person, the first cab that got to that order gets that order. So say -- so, in other words, drivers would race to the order to see who could get to that location first to get that order. So this created an environment -- and I'm not joking when IT say there were DeSoto cars that hit each other racing to an order. This is the culture of voice dispatch. Not just DeSoto, but every cab company in San Francisco that did voice dispatch runs this way. So we knew right away, the first thing we had to do was go to computerized GPS dispatching. VeriFone had an excellent computerized dispatch system. I was their consultant, so IT was able to negotiate very low cost, because I helped them. And they rewarded me by putting in a complete dispatch system for DeSoto Cab at extremely low cost. And I made sure I could do that before I bought the company, because I don't think I could afford to pay a full -- it's very expensive. So that connection, you know, with VeriFone help us subsidize a complete -- and we put in a whole computerized dispatch system. So now the way the orders are done, every cab is tracked by GPS. When an order is put into the Page 57 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.coma oO B® WwW DN Hansu Kim June 6, 2013 had scavenged, on his own, to replace equipment without having to buy more equipment and stuff like that. But you can see -- and so he -- he showed us that he was doing what he could for the company. And he proved that to us, so we didn't let him go, even though we were just appalled at the state of affairs of how the company was serviced and what was happening there. DeSoto Cab also has an interesting relationship with Chrysler. Chrysler is -- has a testing facility at DeSoto, so it tests its vehicles as DeSoto cabs. Nothing beats up a vehicle like the San Francisco topography. So they -- we continue to have that relationship with Chrysler, where they send us vehicles, we make them taxicabs, and that -- those vehicles that were used were the only new vehicles that DeSoto were able to have for a while. So, I mean, without exaggeration, the state of the company was very, very bad when we bought over. In my -- so bad, that, again, the night before I signed the deal, I was having second thoughts about it, because am I ever -- am I going to get over this hump, am I -- can I even make it with this company? And that was the situation. Q. So who was on the board at the time the transaction occurred? Page 69 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.comExhibit 227 28 CYNTHIA McGUINN (SBN 099324) MILES B, COOPER (SBN 209085) ROUDA, FEDER, TIETJEN & McGUINN 44 Montgomery Street, Suite 4000 San Francisco, California 94104 Telephone: 415-398-5398 Facsimile: 415-398-8169 me.team@rfimlaw.com wwwsrfimlaw.com ATTORNEYS FOR PLAINTIFFS NATHAN MARSHALL and ALEX MARSHALL SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO. NATHAN MARSHALL and ALEX CASE NO, CGC-12-521356 MARSHALL, individually and as successors in interest to decedents DENNIS T. MARSHALL |)» NOTICE OF DEPOSITION DUCES and KAREN MARSHALL, TECUM OF THE PERSON MOST QUALIFIED FROM DESOTO CAB Plaintiffs, COMPANY, INC. REGARDING SELBY GARAGE, INC., CAB NO. 2111 AND 555 v. SELBY STREET, SAN FRANCISCO, CA DESOTO CAB COMPANY, INC., FAEGH Case Filed: June 5, 2012, BEHBAHANI, and DOES 1-20, inclusive, Trial Date: September 9, 2013 Defendants. TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that plaintiffs will take the depositions of the persons designated below on June 6, 2013 at 10:30 AM at Rouda, Feder, Tietjen & McGuinn, 44 Montgomery Street, Suite 4000, San Francisco, California, 94104 before a Notary Public, said deposition(s) to continue from day, excluding Saturdays, Sundays and holidays, until completed. PLEASE TAKE FURTHER NOTICE that the deposition may be videotaped and will be recorded stenographically, pursuant to California Code of Civil Procedure § 2025.330 and § 2025.340. 1 NTD OF DESOTO PMK RE SELBY. CAB NO. 2111 AND 555 SELBY STREET. SAN FRANCISCO. CA {W0325372.DOC}NOTICE 1S FURTHER GIVEN that, in accordance with Code of Civil Procedure § 2025.230, defendant DESOTO CAB COMPANY, INC. shall designate and produce at its deposition those of its officers, directors, managing agents, employees and/or agents who are most qualified to testify on its behalf as to those matters concerning any information known or reasonably available fo the deponent. The following definitions are used throughout the subcategories for the designated agent and apply to the document requests: DEFINITIONS i The terms “YOU” and “YOUR” refer to defendant DESOTO CAB COMPANY, INC., together with any agent, employee, assign, representative, attorney, parent corporation, predecessor corporation, “doing business as” entity, and/or insurer of defendant DESOTO CAB COMPANY, INC., or any other person acting directly or indirectly on defendant’s behalf. 2. The term “DOCUMENT(S)” refers to all written (whether handwritten, typewritten, compuier printed or otherwise generated), recorded, graphic or visual matter of material of any kind. “DOCUMENT(S)” also includes, but is not limited to, writings (as that term has been interpreted pursuant to California Evidence Code section 250, including transcripts of oral communications, photographs, videotapes and films, and recorded communications on tape or disk), books, papers, drawings, photographs, videotapes, films, tapes or other photographic recordings, microfilm, microfiche, computer printouts, audio or video tape recordings, magnetic tapes, punch cards, records, reports, letters or any correspondence, electronic mail (“e-mail”) or similar electronic communications, telegrams, telexes, memoranda, notes, field notes, marginal notations, complaints, contracts, studies, affidavits, agendas, meeting minutes, resolutions, diaries, appointment books, calendars, desk calendars, analysis, work papers, statistical reports, circulars, charts, transcripts, bills, invoices, receipts, ledgers, worksheets, checks, logs, ledgers, payrolls, tax records, audits, reviews, sketches, graphs or graphics, pamphlets, brochures, manuals, financial reports, financial summaries, summary statements, lists, agreements, purchase orders, expense records, purchase and sale statements or their equivalent, depositions, interview transcripts or their equivalent, press releases in publications, discs, data cells, drums, printouts, 2 NTD OF DESOTO PMK RE SELBY, CAB NO. 2111 AND 555 SELBY STREET, SAN FRANCISCO, CA {W0325372.DOC}27 28 data compilations, notes, and any and all other types of tangible things in whatever form upon or in which information is or may be recorded, whether mechanical, electronic or handwritten, including but not limited to tape recordings, photographs and any non-identical drafts of responsive DOCUMENT(S), copies or reproduction of such DOCUMENT(S) or tangible things, or any physical file or its equivalent in which any such DOCUMENT or tangible thing has been or is stored or maintained. Whenever in this discovery there is a request to identify DOCUMENT(S), please state as to each DOCUMENT its title, data, author, recipient, or addressee and last known custodian of the DOCUMENT(S). DEPOSITION CATEGORIES Defendant DESOTO CAB COMPANY, INC. shall produce its designated agents to testify to the following matters: 1. YOUR corporate and business structure. 2. YOUR general business history. 3. YOUR general day-to-day operations in at the time of the INCIDENT. 4. YOUR business relationship with Selby Garage, Inc. at the time of the INCIDENT. 5. YOUR “Selby Garage vehicle maintenance charges” as listed in DEF 000175, produced by YOU in response to Plaintiffs’ Request for Production Set One and attached as Exhibit 1. 6. YOUR transfer of the real property 555 Selby Street, San Francisco, California to Selby & Hudson Corp. in January 2012 as listed in Exhibit 2, attached to this notice. 7. The purchase, maintenance, history and repair of YOUR Cab No. 2111. REQUESTED DOCUMENTS NOTICE IS FURTHER GIVEN that, in accordance California Code of Civil Procedure § 2025.220(4), the deponent(s) is/are requested to bring with him/her/them to the taking of their deposition all the DOCUMENTS and things relating to the issues in this action listed below: 1. All DOCUMENTS referencing or comprising YOUR business relationship with 3 NTD OF DESOTO PMK RE SELBY. CAB NO. 2111 AND 555 SELBY STREET. SAN FRANCISCO, CA {W0325372.DOC}Selby Garage, Ine atthe time of the INCIDENT. 2 AILDOCUMENTS referencing orcomprising any communications between YOU and Selby. Garage, Inc. including tutnot limited to invoices, payments, bills, piemos, and emails, 3. All DOCUMENTS referencing or comprising YOUR transfer of the real property. 455 Selby Street, San Francisco, California to Selby & Hudson Corp. in January 2012 as listed in Exhibit-2, tached to this notice, 4. AILDOCUMENTS relerencing YOUR Cab No. 2111, including! but not Hemited to its ylrchase, repalrs, maintenarice, complaints, licensing, mileage, and ownership, DATED: May 8, 2013 ROUDA, FEDER, “TIETIEN, and MeGUuINN Miles:B. Cooper Attorneys for Plaintift 4 DESOTO PMK RE SELBY. CAB NO. 2111 AND 954 SELBY STI SAN FRANC WORSE 72 DOCS6 PROOF OF SERVICE Lars. employed | in the City and County of San Francisco, State of California. Lam over 18. years of-age and not a party 40 this action. My business address is Rawda; Feder, Tetien & Metin 44 Montgomery Street, Suite 4000, San Francisco, CA 94104, On the-date below 1 served .a true copy of the following docoment(s): NOTICE OF DEPOSITION DUCES TECUM OF THE PERSON MOST QUALIFIED FROM DESOTO CAB COMPANY, INC, REGARDING SELBY GARAGE, ING, CAB NO. 21 AND 555 SELBY STREET, SAN FRANCISCO, CA: on the interested paities to said action by the following means: xl (BY MAIL) By placing:a trae copy of the above, enclosed in.a sealed envelope with Appropria stage, for collection and.mailing following our ordinary business practices, | am-readily Gamiliarsvith this business"s practice for-collecting and processing correspondence for mailing, On the same day that the correspond placed for.collection.and mailing, il is deposited in the ordinary course of bi 8 the United'States Postal Service, in a sealed envelope with postage fully prepaid, eis (BY OVERNIGHT DELIVERY). By placing a true:copy of the-abave, enclosed ita sealed ee encore with delivery charges to be billed to Rouda, Feder, Tieljen & McGuinn, ry by Federal Express tothe address(es) shown below. cI B FACSIMILE TRANSMISSION) By transmitting a trac copy of the above by ile transmission from facsimile number. (415) 398-8169 to the atloraey(s) or party(ies) shown below. (BY MESSENGER). By placing.a tae copy of the above. in.asealed envelope and by giving said envelope to an employee of amessenger service for guaranteed, same-day delivery tothe address(es) shown belaw. ["] GY HAND DELIVERY) By personal delivery of a true copy of the above to the allomeys or parties shown below I (BY E-MAIL or ELECTRONIC TRANSMISSION) Based on a-court order-or an agreement of the parties to aecepl sérvice by eanall or electronic transmission, | caused the documenis to be sent to. the personis-al the e-mail addresses listed below, L-did not receive, wilhin a reasonable period of time, afier the transmission, any electronic message or other indication that the transmission was uisucdessful. Philip A. Segal, Haq, Kern, Noda, Devine-& Segal 1388. Sutter sees Suite 600 Edeclare under penalty of perjury under the faw-of the State of California thatthe forgoing is truc-and correct. DATED: May 8 2013 §WO325372. DOK.Exhibit 3PHILIP A. SEGAL, ESQ. 137633 DANIEL G. BALICH, ESQ. 278105 KERN, NODA, DEVINE & SEGAL 1388 Sutter Street, Suite 600 San Francisco, CA 94109 Tel: (415) 474-1900 Attorney for Defendants, DESOTO CAB COMPANY, INC. and FAEGH BEHBAHANI SUPERIOR COURT THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION NATHAN MARSHALL and ALEX NO.: CGC-12-521356 MARSHALL, individually and as successors in interest to decedents DENNIS T. MARSHALL and KAREN MARSHALL DEFENDANT NEW DESOTO CAB COOPERATIVE COMPANY, INC’S Plaintiffs, ANSWERS TO FORM INTERROGATORIES VS. DESOTO CAB COMPANY, INC., FAEGH BEHBAHANI, and DOES 1-20, inclusive. Defendants. / PROPOUNDING PARTY: Plaintiffs, NATHAN and ALEX MARSHALL RESPONDING PARTY: Defendant, DESOTO CAB COMPANY, INC. SET NUMBER: ONE GENERAL OBJECTIONS Defendant DESOTO CAB COMPANY, INC. (“Defendant”) incorporates the following objections into each of the following responses as if separately set forth in each response, Defendant objects to each, any and every interrogatory to the extent that the requests seek the opinions of expert witnesses prior to the commencement of expert DEFENDANT DESOTO CAB COMPANY, INC'S ANSWERS TO FORM INTERROGATORIES27 28 disclosure and discovery pursuant to California Code of Civil Procedure §2034.210. Defendant objects to each, any and every interrogatory to the extent that the interrogatory potentially secks information protected by the attorney-client privilege and attorney work product privilege. See CCP § 2018 and Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47 Cal.App.4th 214. Defendant objects to each, any and every request to the extent the interrogatory seeks information and / or documents protected by the right to privacy guaranteed by the California Constitution. Defendant objects to the propounding party’s definitions on the grounds that they are vague and ambiguous and lack foundation, Defendant only accepts the definitions contained in the interrogatories only for the purpose of providing a response thereto; Defendant does not admit the accuracy of any of the propounding party’s definitions. Defendant’s responses are based on the investigation and the discovery in this action to date, and Defendant reserves the right to amend, delete, modify or expand these - responses in light of further discovery and litigation. The responses are given without prejudice to Defendant's right to produce evidence of subsequently discovered or recalled facts, evidence and documents, ANSWERS TO FORM INTERROGATORIES ANSWER TO FORM INTERROGATORY NO. 1.1: Phillip A. Segal, Esq. Daniel G. Balich, Esq. Kern, Noda, Devine & Segal 1388 Sutter Street, Suite 600 San Francisco, CA 94109 Tel: (415) 474-1900 Hansu Kim 555 Selby Street San Francisco, CA 94124 Tel: (415) 970-1405 ANSWER TO FORM INTERROGATORY NO, 3.1: Yes. DEFENDANT DESOTO CAB COMPANY, INC’S ANSWERS TO FORM INTERROGATORIES ode27 28 {a) (b) ©) @) © DeSoto Cab Company, Inc. New DeSoto Cab Cooperative Company, Inc. (August of 2008 to March 2011) July 24, 2008 (New DeSoto Cab Cooperative Company, Inc.), in California. Amended and Restated Articles of Incorporation (DeSoto Cab Company, Inc.) filed on March 29, 2011, in California. 555 Selby Street, San Francisco, California 94124 Yes. ANSWER TO FORM INTERROGATORY NO, 3.2: No. ANSWER TO FORM INTERROGATORY NO. 3.3: No. ANSWER TO FORM INTERROGATORY NO. 3.4: No. ANSWER TO FORM INTERROGATORY NO. 3.5: No. ANSWER TO FORM INTERROGATORY NO, 3.6: No. ANSWER TO FORM INTERROGATORY NO. 3.7: This Defendant is a registered and certified passenger carrier with the San Francisco Municipal Transportation Agency. ANSWER TO FORM INTERROGATORY NO. 4.1: (a) (b) () @ General Liability Mercury Casualty Company P.O. Box 997195 Sacramento, CA 95899-7195 DeSoto Cab Cooperative Company dba New DeSoto Cab Cooperative Company, Inc. (note: a clerical error was made by insurance carrier as it should state “DeSoto Cab Company, Inc. dba New DeSoto Cab Cooperative Company, Inc.”) 555 Selby St. San Francisco, CA 94124 CCA0012112 DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES -3-10 1h (ec) $1 million combined single limit (® None that this answering Defendant is aware of. (g) Defendants’ attorneys are in possession of the declaration page. ANSWER TO FORM INTERROGATORY NO. 4.2: No. ANSWER TO FORM INTERROGATORY NO. 7.1: Yes. (a) 2003 Dodge Intrepid, California license number N834426 (b) Vehicle totaled. (c) Not applicable. (ad) Not applicable. ANSWER TO FORM INTERROGATORY NO. 7.2: No. ANSWER TO FORM INTERROGATORY NO. 7.3: No. ANSWER TO FORM INTERROGATORY NO. 12.1: Defendant objects to this interrogatory to the extent it seeks information protected by the attorney-client privilege, and on the grounds of the attorney work product privilege pursuant to CCP § 2018 and Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47 Cal.App.4th 214. Without waiving and subject to said objections, Defendant responds as follows: Defendant is not aware of any witnesses other than those listed in Traffic Collision Report 2010060096. Pursuant to CCP § 2030.230, Defendant has produced documents that are responsive to this interrogatory. Defendant's investigation and discovery is incomplete. Additional facts, persons and documents may be discovered or identified through the discovery process and Defendant’s investigation. Defendant reserves the right to supplement this answer if and when information responsive to this interrogatory is obtained. DEFENDANT DESOTO CAB COMPANY, INC’S ANSWERS TO FORM INTERROGATORIES adeANSWER TO FORM INTERROGATORY NO. 12.2: Defendant objects to this interrogatory to the extent it seeks information protected by the attorney-client privilege, and on the grounds of the attorney work product privilege pursuant to CCP § 2018 and Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47 Cal.App.4th 214. Without waiving said objection, Defendant responds as follows: L Eugene Duffy, 163 ie Ave., Apt. #4, San Francisco, CA 94131. Interview conducted on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600, Rancho Cucamonga, CA 91729. 2. Byron Molina, 1010 Canyon Court, Pittsburg, CA 94565. Interview conducted on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600, Rancho Cucamonga, CA 91729. 3. Richard Keen, 841 46h Ave., San Francisco, CA 94121. Interview conducted on June 20, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600, Rancho Cucamonga, CA 91729, 4.- Larry Tietjen, 3601 Calafia Ave., Oakland, CA 94605. Interview conducted on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600, Rancho Cucamonga, CA 91729. Ss. Gregory James Cochran, 2994 Grant Street, Concord, CA 94520. Interview conducted on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600, Rancho Cucamonga, CA 91729. 6. Lesley Greene, Interview conducted on June 20, 2010 by Debbie Hall, Mercury Insurance Group, P.O, Box 4600, Rancho Cucamonga, CA 91729. 7. Faegh Behbehani, 349 Philip Dr., Suite 204, Daly City, CA 94015. Defendant’s investigation and discovery is incomplete. Additional facts, persons and documents may be discovered or identified through the discovery process and Defendant’s investigation. Defendant reserves the right to supplement this answer if and when information responsive to this interrogatory is obtained. My DEFENDANT DESOTO CAB COMPANY, INC’S ANSWERS TO FORM INTERROGATORIES ~5-ANSWER TO FORM INTERROGATORY NO, 12.3: Defendant objects to this interrogatory to the extent it seeks information protected by the attorney-client privilege, and on the grounds of the attorney work product privilege pursuant to CCP § 2018 and Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47 Cal.App.4th 214, Without waiving said objections, Defendant responds as follows: 1, Eugene Duffy, 163 17" Ave., Apt. #4, San Francisco, CA 94131. Statement taken on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600, Rancho Cucamonga, CA 91729. Byron Molina, 1010 Canyon Court, Pittsburg, CA 94565. Statement taken on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600, Rancho Cucamonga, CA 91729. Richard Keen, 841 46" Ave., San Francisco, CA 94121, Statement taken on June 20, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600, Rancho Cucamonga, CA 91729. Larry Tietjen, 3601 Calafia Ave., Oakland, CA 94605. Statement taken on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600, Rancho Cucamonga, CA 91729. Gregory James Cochran, 2994 Grant Street, Concord, CA 94520, Statement taken on June 18, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600, Rancho Cucamonga, CA 91729.: Lesley Greene, 312 Brosnan Place, South San Francisco 94080. Statement taken on June 20, 2010 by Debbie Hall, Mercury Insurance Group, P.O. Box 4600, Rancho Cucamonga, CA 91729. Faegh Behbehani, 349 Philip Dr., Suite 204, Daly City, CA 94015. Statement taken on June 14, 2010 by Richard Keen, 841 46" Ave., San Francisco, CA 94121. Ashraf Daga, unknown address, Statement taken by Debra Hall Jalen, KDH Adjusting Services, 3261 Waterview Court, Hayward, CA 94542, (510) DEFENDANT DESOTO CAB COMPANY, INC’S ANSWERS TO FORM INTERROGATORIES -6-247-1202 on June 18, 2010. 9, Gattoufi Jamel, unknown address. Statement taken by Debra Hall Jalen, KDH Adjusting Services, 3261 Waterview Court, Hayward, CA 94542, (510) 247-1202 on June 18, 2010. 10. | Robert Horber, unknown address. Statement taken by Debra Hall Jalen, KDH Adjusting Services, 3261 Waterview Court, Hayward, CA 94542, (510) 247-1202 on June 18, 2010. Il. John Russo, unknown address. Statement taken by Debra Hall Jaien, KDH Adjusting Services, 3261 Waterview Court, Hayward, CA 94542, (510) 247- 1202 on June 18, 2010. 12. Abdul Saleem, unknown address. Statement taken by Debra Hall Jalen, KDH Adjusting Services, 3261 Waterview Court, Hayward, CA 94542, (510) 247-1202 on June 18, 2010. Defendant’s investigation and discovery is incomplete. Additional facts, persons and documents may be discovered or identified through the discovery process and Defendant’s investigation. Defendant reserves the right to supplement this answer if and when information responsive to this interrogatory is obtained. ANSWER TO FORM INTERROGATORY NO. 12.4: Defendant objects to this interrogatory to the extent it seeks information protected by the attorney-client privilege, and on the grounds of the attorney work product privilege pursuant to CCP § 2018 and Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47 Cal.App.4th 214. Without waiving these objections, Defendant responds as follows: a) 381 photographs b) Photographs are of subject vehicle, incident scene, and stretch of highway from SFO International Airport leading up to the incident scene. °) Photos taken on June 20, 2010 and March 28, 2011. d) Photos were taken by Debra Hall Jalen, KDH Adjusting Services, 3261 _ Waterview Court, Hayward, CA 94542, (510) 247-1202 and Benn Karne, DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES -T-Karne Engineering, 6832 Mokelumne Ave., Oakland, CA 94605. e) Defendants’ counsel, Debra Hall Jalen, KDH Adjusting Services, 3261 Waterview Court, Hayward, CA 94542, (510) 247-1202 and Benn Karne, Karne Engineering, 6832 Mokelumne Ave., Oakland, CA 94605. Defendant’s investigation and discovery is incomplete. Additional facts, persons and documents may be discovered or identified through the discovery process and Defendant’s investigation. Defendant reserves the right to supplement this answer if and when information responsive to this interrogatory is obtained. ANSWER TO FORM INTERROGATORY NO, 12.5: Defendant objects to this interrogatory to the extent it seeks information protected by the attorney-client privilege, and on the grounds of the attorney work product privilege pursuant to CCP § 2018 and Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47 Cal.App.4th 214, Without waiving and subject to said objections, Defendant responds as follows: Defendant is not aware of any diagrams, reproductions or models responsive to this request other than those contained in Traffic Collision Report 2010060096. Defendant’s investigation and discovery is incomplete. Additional facts, persons and documents may be discovered or identified through the discovery process and Defendant’s investigation. Defendant reserves the right to supplement this answer if and when information responsive to this interrogatory is obtained. ANSWER TO FORM INTERROGATORY NO, 12.6: Defendant objects to this interrogatory to the extent it seeks information protected by the attorney-client privilege, and on the grounds of the attorney work product privilege pursuant to CCP § 2018 and Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47 Cal.App.4th 214. Without waiving and subject to said objections, Defendant responds as follows: Other than the Traffic Collision Report 2010060096, Defendant is aware of the following reports: 1. DeSoto Cab Cooperative Accident Report, authored by Richard Keen, 841 46" Ave., San Francisco, CA 94121. Report issued on June 14, 2010 for DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES “Be27 28 DeSoto Cab Cooperative, 555 Selby Street, San Francisco, CA 94124. Report is in the possession of Defendants’ counsel. 2. KDH Adjusting Services First Report, authored by Debra Hall Jalen, KDH Adjusting Services, 3261 Waterview Court, Hayward, CA 94542. Report issued on June 28, 2010 for Mercury Insurance Group, P.O. Box 4600, Rancho Cucamonga, CA 91729. Report is in the possession of Defendants’ counsel, Defendant’s investigation and discovery is incomplete. Additional facts, persons and documents may be discovered or identified through the discovery process and Defendant’s investigation. Defendant reserves the right to supplement this answer if and when information responsive to this interrogatory is obtained. ANSWER TO FORM INTERROGATORY NO, 12.7 No, ANSWER TO FORM INTERROGATORY NO. 13.1: No. ANSWER TO FORM INTERROGATORY NO, 13.2: Not applicable. ANSWER TO FORM INTERROGATORY NO. 14.1: No. ANSWER TO FORM INTERROGATORY NO. 14.2: No: ANSWER TO FORM INTERROGATORY NO. 15.1: Defendant objects to this interrogatory to the extent the request seeks information protected by the attorney-client and attorney work product privileges. Defendant objects to this interrogatory to the extent it seeks information obtained from experts prior to date for the disclosure of expert witnesses and expert discovery pursuant to California Code of Civil Procedure §2034.210 et seq. Without waiving and subject to these objections, Defendant responds as foliows: Defendant’s affirmative defenses were pled as a matter of course. DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES oe27 28 ANSWER TO FORM INTERROGATORY NO. 16.1: No. ANSWER TO FORM INTERROGATORY NO, 16.2: No. ANSWER TO FORM INTERROGATORY NO. 16.3: No. ANSWER TO FORM INTERROGATORY NO, 16.4: No. ANSWER TO FORM INTERROGATORY NO, 16.5: No. ANSWER TO FORM INTERROGATORY NO. 16.9: No. ANSWER TO FORM INTERROGATORY NO. 16.10: No, ANSWER TO FORM INTERROGATORY NO, 20.1: June 14, 2013 at approximately 11:00 a.m. Highway 280 at or around the Mariposa exit. ANSWER TO FORM INTERROGATORY NO, 20.2: (a) 2003 Dodge Intrepid, California license number N834426 ‘(b) ~~ Faegh Behbahani, 349 Philip Drive, Suite 204, Daly City, CA 94015; (650) 755-3848 (c) Dennis and Karen Marshall (d) New DeSoto Cab Cooperative Company, Inc. Defendant’s investigation and discovery is incomplete. Additional facts, persons and documents may be discovered or identified through the discovery process and Defendant’s investigation. Defendant reserves the right to supplement this answer if and when information responsive to this interrogatory is obtained. Mi DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES -10-27 28 ANSWER TO FORM INTERROGATORY NO. 20.3: San Francisco International Airport, 780 South Airport Blvd., San Francisco, CA 94128; Mark Hopkins Hotel, 999 California St., San Francisco, CA 94108. ANSWER TO FORM INTERROGATORY NO, 20.4: Defendant was not a witness to the incident. Defendant is informed and believes that Mr. Behbahani was traveling on northbound 101 to northbound 280 to the Mariposa exit. ANSWER TO FORM INTERROGATORY NO. 20.5: Defendant was not a witness to the incident. Defendant is informed and believes that Mr. Behbahani was traveling on the Mariposa exit of northbound 280 at the time of the incident. ANSWER TO FORM INTERROGATORY NO. 20.6: Defendant was not a witness to the incident. Defendant is informed and believes that the incident did not occur at an intersection. ANSWER TO FORM INTERROGATORY NO. 20.7: Not applicable. ANSWER TO FORM INTERROGATORY NO. 20.8: Defendant was not a witness to the incident. Defendant is informed and believes that at the time of the incident, Mr. Behbahani’s taxi was driving northbound on the Mariposa exit of highway 280. ANSWER TO FORM INTERROGATORY NO, 20.9: Objection. Calls for expert opinion and calls for speculation. Without waiving said objections, Defendant responds as follows: Not at this time. Defendant’s investigation and discovery is incomplete: Additional facts, persons and documents may be discovered or identified through the discovery process and Defendant’s investigation. Defendant reserves the right to supplement this answer if and when information responsive to this interrogatory is obtained. ut DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES “IeANSWER TO FORM INTERROGATORY NO, 20.10: Objection. Calls for expert opinion and calls for speculation. Without waiving said objections, Defendant responds as follows: Not at this time. Defendant’s investigation and discovery is incomplete, Additional facts, persons and documents may be discovered or identified through the discovery process and Defendant’s investigation. Defendant reserves the right to supplement this answer if and when information responsive to this interrogatory is obtained. ANSWER TO FORM INTERROGATORY NO. 20.11: Defendant’s investigation and discovery is incomplete. Additional facts, persons and documents may be discovered or identified through the discovery process and Defendant’s investigation. Defendant reserves the right to supplement this answer if and when information responsive to this interrogatory is obtained. DATED: March ||, 2013 KERN, NODA, DEVINE & SEGAL « By: be _/ ae ee, DANIEL G. BALICH, ESQ. Attorney for Defendant, DESOTO CAB COMPANY, INC. and FAEGH BEHBAHANI DEFENDANT DESOTO CAB COMPANY, INC.'S ANSWERS TO FORM INTERROGATORIES -I2-PROOF OF SERVICE BY MAIL I declare that: Iam employed in San Francisco County, California. I am over the age of 18 years and not a party to the within cause; my business address is 1388 Sutter Street, Suite 600, San Francisco, California 94109. On the date set forth below, I served a copy of the foregoing document by mail by placing the same in an envelope, sealing, fully preparing postage thereon, and depositing said envelope in the U.S. Mail at San Francisco, California. Said envelope was addressed as follows: Mailed to: ATTORNEYS FOR PLAINTIFFS: Cynthia McGuinn, Esq. Miles B. Cooper, Esq. ROUDA, FEDER, TIETIEN & MCGUINN 44 Montgomery Street, Suite 4000 San Francisco, CA. 94104 Documents mailed: DEFENDANT NEW DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on March il, 2013, at San Francisco, California. Signed: . &. BX GARAH ELIZABETH WHITTEN DEFENDANT DESOTO CAB COMPANY, INC.’S ANSWERS TO FORM INTERROGATORIES: “BeExhibit 4uo &® Ww NH BYRON MOLINA ~ July 10, 2014 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO NATHAN MARSHALL and ALEX MARSHALL, individually and as successors in interest to decedents DENNIS T. MARSHALL AND KAREN MARSHALL, Case No. Plaintiffs, vs. CGC-12-521356 DESOTO CAB COMPANY, INC., BYRON MOLINA, SELBY AND HUDSON CORPORATION, and DOES 1-20, inclusive, Volume I Defendants. Pages 1 - 65 Me SSH rH SSS VIDEOTAPED DEPOSITION OF BYRON MOLINA July 10, 2014 Reported by: CLARE MACY, RPR, CSR #5256 JAN BROWN & ASSOCIATES WORLDWIDE DEPOSITION & VIDEOGRAPHY SERVICES 701 Battery Street, 3rd Floor, San Francisco, CA 94111 (415) 981-3498 or (800) 522-7096 JAN BROWN & ASSOCTATES (415} 981-3498 (860) 522-709624 25 BYRON MOLINA ~ July 10, 2014 INDEX EXAMINATION BY MR. COOPER EXAMINATION BY MR. KING FURTHER EXAMINATION BY MR. COOPER FURTHER EXAMINATION BY MR. KING FURTHER EXAMINATION BY MR. COOPER Reporter's Certificate INDEX OF EXHIBITS DEFENDANTS' EXHIBIT NO. Exhibit 1 Declaration of Byron Molina dated June 18, 2014 EXHIBITS REFERRED TO PLAINTIFFS! 53 PLAINTIFFS' 57 PLAINTIFFS' 58 PLAINTIFFS' 59 PLAINTIFFS' 70 PLAINTIFFS' 86 - 89 PLAINTIFFS' 93 PLAINTIFFS' 94 PAGE PAGE 56 13 33 36 37 40 32 41 41 JAN BROWN & ASSOCTATES (415} 981-3498 (860) 522-709610:17:54 10:18:00 16:18:29 10:26:53 10:29:05 BYRON MOLINA ~ July 10, 2014 Q. Okay. So today is a fine time to go ahead and proceed? A. Yes. Q. Could you state your address, please. A, 347 Laurie Meadow Drive, San Mateo, California, Apartment 403. . And what is your occupation? A. Right now, I'm a fleet manager. Q. For whom? A. DeSoto Cab. Q. How long have you been a fleet manager for DeSoto Cab? A. Fleet manager, I've been close to -- since 2000. QO. Okay. How long have you worked for DeSoto Cab overall? A. 17 years, since '97. Q. What job did you have when you first started with them? A. Just a regular mechanic. (Reporter interrupts for a clarification.) THE WITNESS: A mechanic. MR. COOPER: ©. A little bit of background: Where did you go to high school? A. I attend Mission High School here in 11 JAN BROWN & ASSOCTATES (415} 981-3498 (860) 522-709610:28:27 y 10:28:42 5B 10:29:22 49 10:25:28 45 10:29:42 29 22 23 24 10:30:00 95 BYRON MOLINA ~ July 10, 2014 right. Okay. MR. KING: Okay. On mine, too. MR. SEGAL: Got it? It's this page. It says "February 18th" on the right. THE WITNESS: Okay. MR. COOPER: ©. Sorry. Give me a second now. I've lost my place. So on February 20th, it is my understanding that there was a major repair done to the