Party Discovery: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Nov-17-2015 3:50 pm

Case Number: CGC-11-515542
Filing Date: Nov-17-2015 3:48
Filed by: FELICIA GREEN
Juke Box: 001 Image: 05161278
TEXT JUDGMENT

IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al

001005161278

Instructions:
Please place this sheet on top of the document to be scanned.D

TODD P. EMANUEL (SBN 169301 San Francisco County Superior Court

DEIRDRE O’REILLY MARBLESTONE (SBN 88008) NOV 17 2015
EMANUEL LAW GROUP
702 Marshall St., Ste. 400

Redwood City, CA 94063 cue OF CON.
Telephone: (650) 369-8900 BY:

Facsimile: _ (650) 369-4228 Deputy Clerk
Email: todd@teinjurylaw.com

Attorneys for Plaintiff IDA CRISTINA CRUZ FUA

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO

UNLIMITED CIVIL JURISDICTION
IDA CRISTINA CRUZ FUA, CASE NO.: CGC-11-515542
, Plaintiff, JUDGMENT ON SPECIAL VERDICT AND

PHASE TWO OF BIFURCATED TRIAL
v.

JOEL ENRIQUE ANDINO SANCHEZ, and
individual; CAROLINE MILLER, an
individual; TAX] EQUIPMENT LEASING
LLC, a Limited Liability Company; SAN
FRANCISCO INDEPENDENT TAXI
ASSOCIATION, a Corporation; YELLOW
CAB COOPERATIVE, INC., a Corporation;
and DOES 1 through 50, Inclusive,

Defendants.

The above-entitled action came on for trial before the Honorable Garrett L. Wong,
Judge of the Superior Court, Dept. 608, sitting with a jury on May 14, 2015 upon due notice
of the date, time and place thereof, Plaintiff IDA CRISTINA CRUZ FUA appeared by and
through her attorneys of record Todd P. Emanuel and Deirdre O'Reilly Marblestone of
Emanuel Law Group. Defendant Joel Enrique Andino Sanchez, an individual, appeared
by and through his attorney of record Douglas Shureen of McMillan & Shureen LLP.
Defendants Taxi Equipment Leasing, LLC. a limited liability company, and Yellow Cab

JUDGMENT ON SPECIAL VERDICT AND PHASE TWO OF BIFURCATED TRIAL
Case No. CGC-11-515542

1Cooperative, Inc., a corporation, appeared by and through their attorneys of record Colin
C. Munro and Christopher J. Weber of Carlson Calladine & Peterson LLP.

A jury of 12 persons was regularly impaneled and sworn to try the action.

Witnesses for both plaintiff and defendant were sworn and examined and documentary

evidence admitted therein. After hearing the evidence, arguments of attorneys, and
instructions of the Court, the jury members retired to deliberate and thereafter returned to

court on June 24, 2015, and being called, answered to their names and rendered their

verdict in writing, in words and figures as follows:

We answer the questions submitted to us as follows:

1.

Was JOEL SANCHEZ negligent?
_X_Yes No

If you answered Yes, go to Question No. 2, if No, answer no further

questions, have the presiding juror sign and date the last page of the form.

Was JOEL SANCHEZ’s negligence a substantial factor in causing harm to
IDA FUA?

_X_Yes ___No
If you answered Yes, go on to Question No. 3, if No, answer no further

questions, have the presiding juror sign and date the last page of the form.

Was JOEL SANCHEZ YELLOW CAB COOPERATIVE, INC.’s employee?
Yes _X__No

If you answered Yes, go to Question No. 5, if No, go to question #4.

Was JOEL SANCHEZ YELLOW CAB COOPERATIVE, INC.’s ostensible
employee?
_X_ Yes No

JUDGMENT ON SPECIAL VERDICT AND PHASE TWO OF BIFURCATED TRIAL
Case No. CGC-11-515542

2=

oO oN DO HA fF WO ND

10

Once you have answered either YES or NO, go to question 5.
5. What are IDA FUA’s damages?

a. Past Economic Loss

Lost Earnings 860,000.00
Medical Expenses $291,419.23
Total Past Economic Losses $1,151,419.23
b. Future Economic Loss
Lost Earning Capacity $4,165.000.00
Medical Expenses $750,000.00
Attendant/Companion Care $3,687,177.00
Total Future Economic Losses $8,602,177.00

c. Past noneconomic loss including physical pain and mental suffering:
$660,000.00
d. Future noneconomic loss including physical pain and mental suffering:
$340,000.00
TOTAL SUM OF ALL ECONOMIC AND NON-ECONOMIC LOSSES
$10,753,596.23
6. What percentage of Plaintiff IDA FUA’s harm do you assign to the following
parties (total must equal 100%)
JOEL SANCHEZ: 75%
IDA FUA: 25%
After you have answered this question, go to question 7.
7. Was TAX! EQUIPMENT LEASING, LLC an owner of the vehicle at the time
of the injury to IDA FUA?
_X_ Yes No

JUDGMENT ON SPECIAL VERDICT AND PHASE TWO OF BIFURCATED TRIAL
Case No. CGC-11-515542

3oO N DO HO KR WD A

my NM NM NY HS NY DY =

If your answer to question 7 is yes, then answer question 8. If you
answered no, stop here, answer no further questions, and have the
presiding juror sign and date this form.

8. Did TAXI EQUIPMENT LEASING, LLC, by words or conduct, give
permission to JOEL SANCHEZ to use the vehicle?
_X_Yes No

Signed: Ellen Wong

Dated: 6/24/2015 :
AND, the above-entitled matter came on for Phase Two, of bifurcated trial limited

to deciding the issue of alter ego/single enterprise liability, before the undersigned sitting
without a jury on October 14, 2015 upon due notice of the date, time and place, Plaintiff
IDA CRISTINA CRUZ FUA appeared by and through her attorneys of record, Todd P.
Emanuel and George W. Ellard of Emanuel Law Group. Defendants YELLOW CAB
COOPERATIVE, INC., A CORPORATION, and TAXI EQUIPMENT LEASING, LLC, A
LIMITED LIABILITY COMPANY, appeared by and through their attorneys of record, Colin
C. Munro; TAXI PROPERTY COMPANY, LLC and WOLLEY, LLC appeared by and
through their attorneys of record, Robert S. Aaron.

Witnesses for both plaintiff and defendants were sworm and examined and
documentary evidenced entered therein. After hearing the evidence and arguments of
counsel, the court ruled from the bench that plaintiff failed to meet her burden of
establishing alter ego and /or single enterprise liability as between any of the defendants.

JUDGMENT
IT S HEREBY ORDERED, ADJUDGED AND DECREED that plaintiff IDA
CRISTINA CRUZ FUA have and recover judgment against defendants JOEL ENRIQUE
ANDINO SANCHEZ, AN INDIVIDUAL, and YELLOW CAB COOPERATIVE, INC. A

JUDGMENT ON SPECIAL VERDICT AND PHASE TWO OF BIFURCATED TRIAL
Case No. CGC-11-515542

4o on DOD HTH RW DY =

CORPORATION, jointly and severally, in the sum for the principal amount of
$8,065,197.15.

IT IS ALSO HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff IDA
CRISTINA CRUZ FUA have and recover judgment against defendant Taxi Equipment
Leasing, LLC. A LIMITED LIABILITY COMPANY, in the sum for the principal amount of
$15,000.00.

FURTHER IT IS ALSO HEREBY ORDERED, ADJUDGED AND DECREED that
plaintiff IDA FUA is awarded post-judgment interest as follows:

POST-JUDGMENT INTEREST from October 30, 2015 against defendants
YELLOW CAB COOPERATIVE, INC. AND TAXI EQUIPMENT LEASING, LLC., at the
rate of 10% per annum pursuant to Code of Civil Procedure 685.010 until paid.

POST-JUDGMENT INTEREST from November 16, 2015 against defendant JOEL
ENRIQUE ANDINO SANCHEZ at the rate of 10% per annum pursuant to Code of Civil

Procedure 685.010 until paid.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that as to and under
the limited issue of alter ego/single enterprise liability, that defendants YELLOW CAB
COOPERATIVE, INC., TAX] EQUIPMENT LEASING, LLC, TAXI PROPERTY
COMPANY, LLC and WOLLEY, LLC have judgment of dismissal against plaintiff IDA
CRISTINA CRUZ FUA.

The request for pre-judgment interest is denied. - 2

Dated: November 16, 2015
HON. GARRETT L. WONG
JUDGE OF THE SAN FRANCISCO
COUNTY SUPERIOR COURT

JUDGMENT ON SPECIAL VERDICT AND PHASE TWO OF BIFURCATED TRIAL
Case No. CGC-11-515542

5EMANUEL LAw GROUP

Toop P, EMANUEL GEORGE W. ELLARD
TODD@TEINJURYLAW.COM ‘GEORGE@TEINJURYLAW.COM
Mark D. ROSENBERG DEIRDRE O'REWLY MARBLESTONE.
MARK@TEINJURYLAW.COM DOM@TEINJURYLAW.COM

November 17, 2015

VIA HAND DELIVERY

Hon. Garrett L. Wong
Department 208

San Francisco Superior Court
400 McAllister Street

San Francisco, CA 94102

Re: Fua v. Sanchez, et al.
San Francisco Superior Court Case No. CGC-11-515542

Dear Judge Wong:

Enclosed please find the final Judgment which has been approved as to form by
all counsel. The Judgment has been dated with yesterday's date pursuant to the court’s
order and the agreement of all counsel.

Please sign the attached Judgment and request the Clerk's Office file it. Please
ask the Clerk’s Office to return an endorsed filed copy of the Judgment in the enclosed,
self-addressed, stamped envelope.

Thank you for your continued courtesy and cooperation.

Very truly yours,

DEIRDRE O'REILLY MARBLESTONE

DOM/dom

cc: (All Counsel email & mail)

Colin Munro, Esq. Robert S. Aaron Gary Kaplan

CARLSON CALLADINE & AARON & WILSON, LLP. Russ Building

PETERSON 150 Post St, Suite 400 235 Montgomery Street, 17" FI
353 Sacramento St, 16th Floor ‘San Francisco, CA 94108 ‘San Francisco, CA 94104

‘San Francisco, CA 94111

D. Douglas Shureen David Cook

MCMILLAN & SHUREEN, LLP. PO Box 270
50 Santa Rosa Ave., Suite 200 ‘San Francisco, CA 94104
‘Santa Rosa, CA 95404

702 Marshall Street, Suite 400 Redwood City, CA 94063 Ph. 650-369-8900 Fax 650-369-8999 wwweinjurylaw.com