Preview
ROBERT M. PETERSON (Bar No.: 100084)
COLIN C. MUNRO (Bar No.: 195520) ELECTRONICALLY
CHRISTOPHER J. WEBER (Bar No.: 233998) FILED
CARLSON, CALLADINE & PETERSON LLP ‘Superior Court of Caltfornia,
338 een Street, 16th Floor County of San Francisco
an Francisco, CA 94111 1
Telephone: (415) 391-3911 Le ec
Facsimile: (415) 391-3898 eee
Deputy Clerk
Attorneys for Defendants
TAXI EQUIPMENT LEASING LLC and YELLOW CAB
COOPERATIVE, INC,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
IDA CRISTINA CRUZ FUA, CASE NO.: CGC-11-515542
Plaintiff, DECLARATION OF COLIN C. MUNRO IN
SUPPORT OF DEFENDANT YELLOW CAB
ve COOPERATIVE, INC.’S MOTION FOR
JUDGMENT NOTWITHSTANDING THE
JOEL ENRIQUE ANDINO SANCHEZ, and VERDICT
individual, CAROLINE MILLER, an
individual; TAX] EQUIPMENT LEASING
LLC, a Limited Liability Company; SAN Date: TBA
FRANCISCO INDEPENDENT TAXI Time: 9:30 a.m.
ASSOCIATION, a Corporation; YELLOW Dept: 608
CAB COOPERATIVE, INC., a Corporation;
and DOES | through 50, Inclusive,
Defendants.
I, Colin C. Munro, declare as follows:
1, I am an attorney at law licensed to practice before all courts in the State of
California and am a partner in the law firm of Carlson, Calladine & Peterson LLP, attorneys of
record for Defendant Yellow Cab Cooperative Inc. (“Yellow Cab”) in the above matter. I
personally know the following facts and if called as a witness, I could and would competently
testify thereto.
2. Attached hereto as Exhibit A is a true and correct copy of the trial transcript of Ms.
Fua from May 26, 2015.
i Case No.:_CGC-11-515542
DECLARATION OF COLIN C. MUNRO IN SUPPORT OF DEFENDANT YELLOW CAB COOPERATIVE,
INC'S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICTI declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed this 3rd day of November, 2015 in San Francisco, California.
2)
og
Ho
COLIN C. MUNRO
2 Case No.: .CGC-11-515542
DECLARATION OF COLIN C. MUNRO IN SUPPORT OF DEFENDANT YELLOW CAB COOPERATIVE,
ING.’S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICTEXHIBIT AIn the Matter of:
IDA CRISTINA FUA CRUZ
Vs.
JOEL ENRIQUE ANDINO SANCHEZ
FUA, IDA
May 26, 2015
First Legal | Deposition Services»
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Phone: 855.348,4997
Fax: 855.299.6722
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www. firstlegaldeposition.comSUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
---000---
IDA CRISTINA FUA CRUZ,
PLAINTIFF,
vs. Case No, CGC-11-515542
JOEL ENRIQUE ANDINO SANCHEZ,
ET AL.,
DEFENDANTS .
TESTIMONY OF IDA FUA
TUESDAY, MAY 26, 2015
Taken at the location of:
SAN FRANCISCO SUPERIOR COURT
DEPARTMENT 608
HONORABLE GARRETT L. WONG
400 McAllister Street
San Francisco, California
---000--=
Reported by Mary Jackson, CSR #8688IDA FUA
May 26, 2015
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Page 4
2 APBEARANCES 1 issue. Itis in Ms. Fua's second volume at page 180,
Se ne ee LAN GROGE 2 and it's line 2 through 23. We're getting the original
702 Marshall Street, Suite 400 3. of that volume for Your Honor to have.
‘ I a Nor Oe, 4 THE COURT: Otay.
s MARK ROSENBERG, Attorney at Law 5 MR. MUNRO: Perhaps if | could do for ease of
650, 369.0200 6 time. | could approach. | don't have any markings on
7 POPE Pee eee 7 mine and | can hand it to Your Honor.
For the Defendant and Cross-Complainant Joel Enrique 8 THE COURT: Very well.
See eerar aie aeons 9 MR. EMANUEL: | have no objection.
50 Santa Rosa Avenue, Suite 200 10 MR. MUNRO: Your Honor, at page 180, lines 2
a a roa akaa eMUneeN, AEvorney. weal 11 through 20 essentially deals with the -- some testing
WW 707.595.5400 ‘ 12. that Ms. Fua had done with Dr. Alleven. And in that
doug. shureen@mcmillanshureen.com 13 portion of the testimony, what she's describing is in
13 poe the Defendants Taxi Equipment teasing iC and Yellev 14 essence she had a discussion with Dr. Alleven, but then
Cab Cooperative, Inc.: 15 was describing the problem that she had had during that
EL CARLSON, CALLADINE & PRTERSON LLP 16. specific test.
15 353 Sacramento Street, 16th Floor 17 And in particular, the problem was she was
San Rranciseo, California sana 18. describing that "I couldn't hold the paper down with one
- re Cuuisroviee a. ieee abeermee at Law 19 hand.” And we're going to tie that in at the end of
ay 415.391.3911 20 this trial with regard to the issue of the scoring on
ae qanrestteon 21. that particular test was related to the time it took
19 22° Ms. Fua to complete the test.
- 23 And here is her recognition and acknowledgment
22 24 that the problem she had with regard to the time was her
2 25. physical movement of the paper.
25 26. So that's what the intention of this testimony
26 27 is.
3 28 THE COURT: You'e offering this?
A Page 3” Page 5
1 SAN FRANCISCO, CALIFORNIA, TUESDAY, MAY 26,2015 1 MR. MUNRO: Yes, Your Honor.
2 9:09 a.m. 2 THE COURT: Mr. Emanuel.
3 PROCEEDINGS 3 MR. EMANUEL: Yes. And I'm reading page 180
4 4 and in terms of context, it starts where clearly
5 (The following proceedings were held in open 5. Dr. Alleven, the neuropsychologist, is telling the
6 court in the presence of the jury:) 6 plaintiff she had good improvement. She's telling the
7 7 plaintiff information concerning deficits or issues.
8 THE COURT: All right. We're on the record in 8 As you read down closer to line 20, | think
@ the matter of Fua versus Sanchez, and we'll have counsel 9 it's unclear. But my interpretation is that Dr. Alleven
10 make their appearances. 10. is telling Ms. Fua this information such as that Ms. Fua
4 MR. EMANUEL: Todd Emanuel for plaintiff. 11 was slow on the test or had had difficulty with the
12 MS. MARBLESTONE: Deirdre O'Reilly-Marblestone 12. paper.
13. for the plaintiff. 13 And to the extent that interpretation is
14 MR. SHUREEN: Douglas Shureen for 14 reasonable, | think this is hearsay. |'m not sure if
15 defendant/cross-complainant, Joel Sanchez. 15. it's offered for something other than the truth, but it
16 MR. MUNRO: Sorry, Your Honor. Colin Munro 16 appears to be hearsay to me.
17 for defendant, Yellow Cab Co-Op and Taxi Equipment 17 THE COURT: Hearsay, | don't understand.
18 Leasing. 18 Hearsay by --
19 THE COURT: All right. | understand that the 19 MR. EMANUEL: By the doctor -- by the doctor's
20 parties wish to address an issue having to do with 20 out-of-court statements to the plaintiff that apparently
21. designation and counter-designations, 21 Mr. Munro wishes the plaintiff to testify to today or
22 MR. MUNRO: Yes, Your Honor. We provided -- 22 actually he wishes to simply use the -- the video
23 Yellow Cab provided designations of Ms. Fua's testimony 23 transcript rather than calling Dr. Alleven.
24 to Mr. Emanuel regarding video that we intended to play 24 MR. MUNRO: This is not hearsay, Your Honor,
25. during the trial, 25 because she doesn't say here, “This is what the doctor
26 Mr. Emanuel has responded over the weekend. | 26 told me."
27 appreciate him doing so as early as possible. 27 She says, "The reason we talked about it was
28 There was only one designation that remains at
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because | couldn't hold the paper down with one hand.”
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She's telling -- in this, she's describing
what her sensations were. She's not saying, "The reason
we talked about it was that the doctor told me that |
couldn't hold the paper with one hand." That's not
hearsay.
MR. EMANUEL: Well, | think if you start at
line 2, which is being proffered by the defense, the
question is:
"QUESTION: Okay. And other than good
improvement and the reaction times that she
told you -- "she" meaning Dr. Alleven -- "that
you had made an improvement since the last
testing done by Dr. Brad.”
The answer is:
“ANSWER: Yes."
The next question is:
"QUESTION: Again, did she tell you anything
about any deficits or issues that she had
identified?
“ANSWER: Yes."
And then it goes on.
So by context, it appears to me that we're
talking about what Dr. Alleven is telling the plaintiff
rather than what the plaintiff was experiencing.
It may be that Mr. Munro can lay a foundation
with the plaintiff for a different interpretation, but |
think that's the reasonable interpretation based on this
reading.
Page 7 |
THE COURT: Well, if the issue is the language
at lines 18 through 23, she's recording what she's
saying - | mean, not what -- she’s reporting her
impressions about her performance on the test. | don't
see that as being hearsay.
It doesn't strike me as hearsay because --
well, frankly, it doesn't say in this instance that
Dr. Alleven said that "I was very slow on that test."
It could be read that way, | see your
perspective, but the plain text here to me indicates
that it was her explaining what happened in her mind.
So I'm going to allow it in.
All right. One other issue.
MR. EMANUEL; Your Honor, could | just go back
to that for a moment? In terms of the information that
precedes that package from lines 17 or 18 to line 20, is
the Court's ruling the same that that's not hearsay?
| do understand if we look narrowly at lines
17 to 20, that could very well be interpreted as my
client's impressions, perceptions. What about the
earlier part?
THE COURT: Well, are you complaining about 2
through 5? Let's take that question first,
MR. EMANUEL: Yes.
THE COURT: You're offering that as hearsay?
MR. EMANUEL: | think that's hearsay.
THE COURT: That she's been -- she's made an
improvement.
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MR. EMANUEL: That the doctor told her that.
| think Dr. Alleven may come in and testify on Thursday
of this week and Dr. Alleven certainly could testify on
that, but | think in this form, it's probably hearsay.
MR. MUNRO: It gives the context to the rest
of the information because it sets up that It was
actually a report back by Dr. Alleven to Ms. Fua.
And in addition, there's no dispute here that
she had earlier testing and that she was recovered since
the earlier testing.
And I'm not offering that for the proof of its
contents. All I'm offering is to give context to the
rest of the sentence. The rest of the paragraph where
it in essence, it sets up this is a report back
regarding testing by Dr. Alleven. Otherwise, the rest
of the sentence -- the rest of the quotations don't make
sense,
THE COURT: All right. I'll overrule the
objection. While it is hearsay, | believe that the
statements -- well, the statements aren't being offered
for the truth of the matter. | don't think that under
the circumstances, it needs to provide some context to
those questions.
I think it's being offered not for the truth
of the matter, but to state what her impression was at
the time and to give this some sort of context -- well,
to give it context for what she later identifies as
being slow on that test. Otherwise, if it's read in
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isolation, it does not make any sense.
All right. So that's the ruling of the Court
on that matter.
Okay. Let's go off the record.
(DISCUSSION OFF THE RECORD.)
THE COURT: Thank you. We're back on the
matter of Fua versus Sanchez. The record should reflect
that all 16 jurors are present. All counsel are
present.
Ladies and gentlemen of the jury, | have three
law students this summer that will be here. We have one |
today, Mr. Aguon from USF law schoo! sitting in the back
in case you're wondering who they are when they fall
into the courtroom. And the other two will be arriving
Friday. So on our dark day.
All right. Let us turn now to Mr. Emanuel.
Please call your next witness.
MR. EMANUEL: Thank you. We call Ida Fua.
THE COURT: Thank you.
‘You can have her take a seat. We'll just have
her sworn from her seat.
MS. MARBLESTONE: Okay. Thank you, Your
Honor.
THE COURT: Morning, Ms. Fua.
THE WITNESS: Morning.
THE COURT: Would you raise your right hand
please.
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1 IDA FUA, 4 crosswalk to get here on a previous occasion?
2 having been first duly sworn, was 2 A. We did on April. We weren't sure what the
3 examined and testified as follows: 3. parking situation was like, so when we found a spot, we
4 4 just kind of grabbed it, then we had to cross the
5 THE WITNESS: I do. 5. street -- I'm not sure the name of the street this is,
6 THE CLERK: Please state your name and spell 6 but the one in front of the courthouse.
7_ it for the record. 7 Q. Did you cross in the pedestrian signal with
8 THE WITNESS: Ida Fua. Last name is "F," as | 8 your parents?
9 in “Frank,” U-A. 9 A. Yes.
10 THE COURT: All right. Very well. 10 Q, And what happened?
4 41 A. I guess it's a timed light, right. So it’s
12 DIRECT EXAMINATION 12. like 25, 30 seconds to make it across the both lanes of
13 BY MR. EMANUEL: 13. traffic.
14 Q. Good morning, Ms. Fua. 14 And on the day when we tried crossing it, |
15 A. Morning. 15 didn't quite make it, and that's why today my dad made
16 Q.. | guess | should start by asking you about 16 sure to drop my mother and | off so that we wouldn't
17 your courtroom experience, okay? 17 have to deal with that problem.
18 A. (Nodding). 18 Q. Is that something that you've tried to do
19 Q. Have you ever been to court as a lawyer 19 before in your recovery process to see if you could
20 before? 20 cross a street within the amount of seconds allotted on
24 A. Never. 21 alight?
22 Q. Ever been on the side of the counsel table 22 A. ~Ihaven't before.
23 = that the lawyers are on arguing a case? 23 Q. Okay. About how far across the street did you
24 A. No. 24. get in April before, what, the red signal came up or
25 Q. Okay. Have you been in a courtroom before? | 25 traffic moved? What happened?
26 A. ‘Thave. 26 A. We made it about three-quarters of the way,
27 Q.. In what capacity? 27 and then the light changed, so cars started to go, and
28 A. Earlier this year, I think it was in April, my —_28._ luckily, since | was already there, they just stopped
Page 17 Page 13
4 parents and I came to the --this particular courtroom, | 1. for me because people are relatively polite in
2. sort of practice, lay out our bearings. 2 San Francisco.
3 Q. You did a test run of getting to court today? 3 Q. Okay. | want to ask you -- well, in terms of
4 A. Right. i 4 your -- you don't have courtroom experience as a lawyer.
5 Q. Okay. And tell us what you did in order to 5 Have you ever served as a juror before?
6 prepare for coming to court today in terms of giving it (6 A. Ihave.
7 a test run from a physical standpoint, driving, parking, | 7 Q. Howlong ago was that?
8 etcetera? 8 A. That was back in New Jersey, so it must have
9 A. In April? 9 been 2005 or 2006.
10 Q.. Yes, 10 Q. In terms of the field of law you chose, that
"1 A. We sort of wanted to check out the traffic and 11. was what?
12 route. We had never been to the courthouse before. We 12 A. Corporate.
13 wanted to see what it looked like and what the parking = 13 Q. Was there a specialty within corporate law,
14 situation would be like and whether there would be a 14 being compliance or transactional or something else?
15 good area for my dad to drop me off in front of the 15 A. ‘did transactional jaw rather than
16 courthouse. 16 litigation.
17 Q. Did you 17 Q. And could you tell the jury from your
18 A, And then ~ 18 experience what the difference is?
19. Q. I'msorry. Go ahead. 19 A. So litigation is you guys, right. So like
20 A. » we walked in, 20 lawsuits in courtrooms and trial. 1 think | was a
21 It was good to get there early because there 21 (ittle -- 1 was a little, | don't want to say “scared,”
22 was security, so | had to sort of navigate -- | made 22 but | was wary of doing that as far as my career.
23 sure when! came today not to wear, you know, heavy 23 And the corporate side made sense as far as my
24 jacket and not to, you know, be covered in metal. 24 background ‘cause | had a background in business and
25 Q. Did you do any walking across the street to 25 finance.
26 get here this morning? 26 What I liked about the transactional side is a
27 A. Not this morning, no. 27 \ot of it is like drafting contracts and negotiating.
28 Q._ Did you try to walk across the street in a 28
And | liked -- even if you're opposing counsel, you're
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sort of on the same side, kind of working towards a
goal; whereas, you guys are, you know, a little more
combative or "adversarial," | guess is the word.
Q. I want to ask you about your usual routine, if
you have one, and kind of your routine today, okay?
A. Okay.
Q. Could you tell us what time normally you go to
sleep?
A. lusually go to bed around 11:00 or midnight.
Page 16
the types of things you do during that -
A. Alot of it is stretching my legs, and like |
have, you know, a limited - | have some movement in my
left leg, so I'll do things like, you know, you'll lie
‘on your stomach and you kind of kick your leg up. And
Vil do that a number -- maybe like 8, 10 reps. I'lldo
ita number of times. The kinds of movements that! can
do, | work on doing when I'm in bed.
Q. Then after 30 minutes or so, is there -- the
Q. What time do you normally wake up? 10 next part of your daily routine that you do almost each
‘A. Probably ten, 11:00, 12:00. 44 and every day?
Q, Okay. And how did you change that, if at all, 12 A. Iguess | get dressed for the day, brush my
for a 9:30 court appearance this morning? 13. teeth, use the restroom, just kind of
A. So today I knew we were --I knew my dad 14 Q. Okay. Let's talk about -- let's talk about
wanted to leave the house at 7:00, which meant | woke up 15 getting dressed, What you're wearing today, are these
at 5:00, which meant last night | went to bed at 46 the types of clothes that you normally wear as part of
6:00 p.m., which was really hard because the basketball 17 your routine oris today different?
game was on and ~ 48 A, Todayis alittle difforont. Because we were
THE COURT: You didn't miss anything. 19 coming here, | wanted to | guess look a little more
THE WITNESS: Of course, the first thing | did 20 formal, dressed up.
when | woke up was check all the news, Soltriedtogo 21 Q, Let's talk about how you -- forget about
to bed at 6:00. I probably ended up falling asleep, 22 today, how you normally get dressed.
6:30 to 7:00. Takes awhile to wind down and fall sleep. [23 A. So normally | can get dressed on my own as
BY MR. EMANUEL: 24 long as I'm wearing a T-shirt. Anything that's kind of
Q. Do you normally get up with an alarm clock or 25 a pullover, | can do on my own. Pants, all of that, is
does someone wake you or does it happen naturally? | 26 fine on my own.
A. Ona normal day, | let myself wake up 27 Q. What kind of pants?
naturally. 28 A. Regular -- any like pull-on pants.
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Q. Okay. And what do you do right after you wake 1 Q. Okay. What about pants with buttons?
up? 2 A. The pants on buttons are usually fine because
A. Ihave a number of sort of bed exercises | do 3. the zipper on pants are usually already connected, you
at home, which are sort of stretching and warming up. | 4 just lift it, and then at that point, the buttons are
do that before leven step out of bed because when I've | 5. close enough, it's easy to get with one hand.
tried it before in the past without it, | find my leg is 6 Q._ In terms of pullover shirts, we're talking
very shaky and I have trouble walking. 7 about T-shirts, sweatshirts, that sort of thing?
Q. The exercises that -- stretching exercises you 8 A. Yes.
do immediately after getting up, does anyone help you 9 — Q. Howdo you put those on without help?
with those? 410 A. use my right hand to -- sort of to get my
A. No. 41 left hand in. | pull it across and get my right hand
Q. Can you -- did any -- strike that. 412. in.
Has a doctor told you immediately when you get 43 Q. Just using your right side?
up, you should do this sort of stretching regimen, or is 44 A. Right.
that something you kind of took to yourself? 45 Q. Allright. What about your hair on a typical
A. It wasn't a doctor who gave it to me, but a 16 day, how do you do that?
physical therapist when | was at Kaiser Vallejo gaveme 17 A. I'll typically just leave it down, maybe throw
the routine. And so it was something we did every day 18 a headband on because it's easy to just, you know, put
as part of our therapy, and it kind of -- sort of 49 up.
started to make sense to do it in the morning first 20 Q. Okay. | see that you're wearing earrings.
thing when I've tried -- sometimes I'll wake up, | a A. Yes.
really have to go to the bathroom, | want to run tothe 22 Q. Do you normally wear earrings?
bathroom. | find that it's very difficult to walk when 23 A. No.
haven't done it. 24 Q. Why not?
Q. Okay. How long does it take you to do that 25 A. _Ineed help getting them on. If | do wear
initial stretching regimen? 26 earrings, I'll wear -- it will be a stud and I'l just
A. Half an hour. 27 wear it for like -- | won't take them off ever. I'll
Q. Can you give us a sense of just visually of 28
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just wear it for like weeks at a time. Or like the
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regular hook earnings you can do with one hand.
Q. What have we not covered?
How about socks, do you put your socks on by
yourself?
A. Yes,
Q. And what type of shoes do you normally wear if
you're not doing something somewhat formal like we're
doing today?
A. Sol wear sneakers, and we have those -- they
have like elastic laces that you can buy at RElorkind |
of sporting goods store. Basically, | use laces that
don't need to be tied.
Q. Okay. So then let's talk about how today
might be different. | see you wearing a button-down
shirt?
A. Yes.
Q. Could you tell us how you get on a button-down
shirt?
A. Sol was =I got up around «| woke up at
5:00. | was out of bed around 5:30, brushed my teeth,
used the restroom. | did my pants. | got my shirt on,
then I spent about -- I tried doing it on my own. 1
always try to do it on my own first because | prefer not
to ask for help, right.
So it's a little difficult with buttons
because they're on the opposite side. It's easier if
you bring them together. With one hand, it's a little
difficult to get it together.
Page 19 |
I probably spent about 30, 45 minutes trying
to-do it on my own, and eventually around 6:30, just
knowing that it was time sensitive, | called my mom and
she did my buttons for me and she rolled up my sleeves
and she did like motherly fussy things, like she fixed
my collar and pulled down my shirt, you know.
Q. How do you feel about those motherly fussy
things?
A. I'm -- you know, good and bad. It's hard to
say. Like on one hand, I'm very grateful for them.
Obviously, | need them and she's here. And I'm grateful
for that.
On the other hand, it makes me feel like a
ten-year-old.
Q. What --
A. She definitely has like licked her thumb and
wiped a smudge on my mouth before, like within the past
year. So that's embarrassing, but...
Q. I didn't notice, what kind of shoes are you
wearing today?
A.. I'm wearing sneakers today.
Q. Are those with Velcro or ties?
A. Elastic ties.
Q. Okay.
A. Ihave -- sorry, | have like dressier shoes |
was going to wear, but | couldn't get them on. My dad
was like "Ah, just wear the sneakers. They're dark
colored. You're not going to get called out for wearing
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sneakers In the courtroom."
Q. What's different about your hair today as
‘opposed to a typical day? What did it take to
prepare -—-
A. Well, my mom also pulled my hair back in a
ponytail. | wanted It out of my face so | guess people
could see me. That's really all. It's different. She
pulled it back for me.
Q. So when you don't - when you're wearing just
‘stuff that you could pull over and put on yourself, how
tong does it take you to get dressed and do your hair as
you commonly do it?
A. Still, probably half an hour to an hour still
takes me just ‘cause I'm a little slower at doing
things.
Q. And what if Mom is helping? How long would it
take?
A. Oh, half the time, | would say, or like normal
speed.
Q. Then you talked about getting up to go brush
your teeth, correct?
A. Yes.
Q. Can you just sort of take us through the
process of doing that? Do you put on any brace before
you get up?
A. Oh, sorry. Always, yes. Like when | get out
of bed, I stand up, and then | sit down again. | have
my leg brace and my shoulder brace and my wrist brace.
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Q. Let's talk about those.
What is your leg brace for, as you understand
it?
A. So what think it's for is because my -- for
like my foot drop because, you know, my legs are -- my
leg is pretty much paralyzed. There's some movement,
but I can't lift my foot to take a step. And so this
brace that I have keeps my foot kind of upright. Ican
take a step without dragging.
Q. So what does the brace do in terms of
pointing, or does it do something to point your toe in
any certain direction?
A. Ithink it keeps my foot up.
Q. Okay.
A. Otherwise, it will just drop.
Q, Allright. And can you put on that brace by
yourself?
A. Lean.
Q. How long does it take you to get that brace
on?
A. Couple minutes.
Q. Okay. And then you mentioned you have a wrist
brace?
A. Yes.
Q. Are you wearing that now?
A. lam.
Q. Can you use your right hand to raise your
left-hand? Give us an understanding from your
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perspective of the function of your -- you can put it [4 A. Yes.
down. (2 Q. There was a time that you were required to
A. Sorry. 3 wear a helmet.
Q. -- of the function of your wrist brace? 4 Do you remember that?
A. Same thing as my leg brace, sort of stabilizes 5 A. Yes.
my wrist so it doesn't droop and get caught in things. 6 Q. How long were you wearing the helmet for?
Keeps my arm straight, basically. 7 A. Must have been a year and a half,
Q. Then you have one more brace in your shoulder 8 Q. When did you not -- during that year and a
area? 9 half or so period, were there hours of the day when you
A. [have a shoulder brace that is under my
clothing. | try to cover it up because when it's
visible, | get a lot of questions, what happened to your
shoulder.
Q. So where does that brace travel? Can you
explain it to us?
A. So it goes up sorry, so it goes up my arm
and basically holds my shoulder in.
Q. Okay. Does it go around your shoulder?
A. It covers through here - like, it goes down
to here.
Q. Okay. Your elbow area?
A. Right. | don't know if you can - you
probably can't see through. It goes around. It goes up
through towards my neck, and then goes around and
Velcros in the front.
Q. So does it go across your body on to the right
side?
A. It does in the back. So it has like a strap.
Page 23
It goes up my shoulder, then kind of ~in order to
strap it in, it goes around my body and then closes in
the front.
Q. Okay. What's the purpose for all of that?
A. So this keeps my shoulder in as well. Because
my arm Is paralyzed, my arm will sort of droop, and so
there's a high risk. I guess It keeps my arm from
dislocating off the shoulder; otherwise, it will
basically fall off. So that's why it's -- it keeps It
stable.
Q._ During what hours of the day do you wear your
leg brace?
A. All day,
Q. Do you wear it to sleep?
A. No.
Q. Other than sleeping, do you take it off for
any purpose?
A. Iff'm resting and my foot needs -- when my
foot needs stretching, you can't really stretch it
because it's keeping it up. It can’t - so I take it
off for my mom to manipulate for range of movement so!
can move the ankle around.
. What about the wrist brace, do you take that
o
Ido. Same reason.
}. Same times?
Yes.
And your shoulder brace as well?
oror o
24
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could or you did take the helmet off?
A. I took it off when I was sleeping, for obvious
reasons. And if | was sitting at home just kind of
watching TV, | would also take it off. It was bulky and
heavy and uncomfortable.
Since -- as long as | knew there was nothing
dangerous going on, | would take it off.
Q. So when your -- if you're going to take a
shower, do you walk to the shower?
A. Ido.
Q. And you're living in your parents' house in
San Ramon, correct?
A. Yes.
Q. In order to take that walk, and we've seen a
picture of the family room/living room area where your
bed is, tell us -- take us through kind of a picture of
where you walk to get to the shower.
A. So the shower is in the -- is in the upstairs.
The downstairs bathroom is only like a half bathroom.
BSASARBHAIS©CSCNOHMSONS|
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So | go up the stairs into the bathroom and then the
bathroom is usually when | take off the braces.
Q. Okay. So you take off the braces in the
bathroom before you bathe?
A. Right.
Q. And then you put them on after you bathe?
A. Yes,
Q. And how long collectively did the three braces
take you to put on without help?
A. | would say about 15 minutes.
Q. Okay. And in terms of the walk up the stairs
now in 2015, do you use any device like a cane?
A. Notin the home.
Q. Okay. How are you able to walk -- you never
use the cane in your parents’ home; is that true?
A. Right.
Q. Okay. When did that stop where you stopped
using the cane at your parents' home?
A. I don't remember exactly, must have been
sometime last year. | really don't remember exactly.
Feels like a long time, but you know.
Q. How does it feel walking without a cane?
A. Alittle scary.
Q. Do you ever walk outside of your parents’ home
without a cane?
A. No.
Q. Do you ever lose your balance in your parents’
home?
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A. Yes.
Q. Tell us when that happens.
A. So usually, you know, if I'm kind of rushing
4. to get somewhere or I'm turning a corner, for whatever
5 reason I'll sort of stumble, I'll hold onto the wall for
6 support or a couch or whatever is there, a table, a
7 chair. |
8 Q. Can you tell us how your parents' house is set |
9 up in order to try to protect you from falling to the |
10 ground?
14 A. So we have furniture moved in a way there's
12. kind of pathways that I can follow, where there's always
something to hold onto on my right side.
Q. Okay, And have you ever taken note of the
extent to which you're able to walk in the house without
a cane without having to lean on or use something on
your right side like a wall or furniture for support?
A. Heel like | almost never do that. I'm
almost always holding onto something.
Q. When's the last time you've fallen in your
parents’ house?
A. I think it was a couple of weeks ago.
Q. Can you tell us what you remember about that?
A. Yes. So it was in the kitchen. It's hardwood
25 floor in the kitchen. There's usually a carpet over the
26 spot. For whatever reason, | think my nephew was
27 messing around with it, but there's a slippery spot and
28 Iwas in -- | was rushing to get to wherever, Point A to
4
2
3
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1 Point B, and | was using my cane at this point. |
2 treally ~ 1 don't know why, | just know
3. that | had my cane, and I was rushing, and | slipped on
4 it. And so my --I slipped on it with my left foot. My
5. left foot kind of slipped and went up, and | ended up on
6 my knees.
7 Q. You landed on your knees?
8 A. Right.
9 Q. Didn't hit your head, right?
10 A. Right.
"1 Q. Have you fallen on any other occasions in your
12. parents' house since April 4, 2011 since you got home
from Kaiser? 1
A. Oh, yes.
Q. Do you remember approximately how many times?
A. There was definitely the more recent one.
There's one a couple years ago, so at least twice that I
remember.
Q. Is there any time that you can remember either
doing this on a challenge basis or just remembering that
you accomplished it, that is to say to walk, for
instance, from your bed area all the way into the
kitchen or your bed area to the steps without using
anything for support on your right side?
A. [ve never done that.
Q. So after you brush your teeth and -- do you
have a habit and custom now in terms of when you bathe,
is it every day? Is it—
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A. In the evening, every evening before bedtime,
I guess.
Q. Allright. So let's talk about after you
brush your teeth and get dressed. We're back in the
morning time, okay?
A. Okay.
Q. What time is it now if we've now sort of --
you've gotten up your typical time, you've done your
initial 30 minutes of exercises, you've gotten dressed
and brushed your teeth, do | have your routine so far?
A. Yes.
Q. Okay. So what comes next?
A. So ona normal weekday?
Q. Yeah.
A. Probably be lunchtime at that point.
Q. Who prepares lunch?
A. Either my mom or my dad, depending on, you
know, whoever lost that day.
Q. Okay. Allright. Where is lunch served?
A, In the kitchen.
Q. So you typically walk to the kitchen for
lunch?
A. Yes.
Q. Do you ever assist in preparing?
A. No.
Q. How long is lunch?
A. Thirty minutes to an hour, kind of a normal
lunch time, | guess.
Page 29
Q. What do you do after lunch?
A. Sort of depends on the day. Maybe we may go
out for errands, or there may be an appointment, like a
doctor appointment or something similar.
But if there's -- if nothing is happening,
then I'll do my treadmill and my stationary bike and
then my exercises with my mom.
Q. How long do you normally spend on the
treadmill?
A. An hour,
Q. And do you vary the -- do you have a treadmill
that can adjust grading so you can go level, uphill,
downhill?
A. Ido.
Q. Do you adjust that at all?
A, Idon't.
Q. Okay. What about the speed? Do you adjust
the speed?
A. Yes.
Q. How so? Tell us the range.
A. So when | first started doing treadmill years
ago, the lowest the tread would go is .5. So | started
there. And then every couple weeks or so | would --
level would go up .6, .7, 8, .9. Eventually got to
one, which felt like a good speed, like it felt right.
And so it was nice because it takes an hour to walk a
mile. So it was a nice way to sort of measure my
progress for the day.
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LA: 855.348.4993 OC: 855.348.4994IDA FUA
RNEPVIHNNNNRSsHaeeness 7
BYSAAROSLSOHSUSFGHRGSNAGOPNDARWN
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Q. So is that part of your routine is you'll walk
a mile, and that takes you about 60 minutes?
A. Yes.
Q. Do you have an exact time that you put it on
1.0 and it takes an hour, or do you vary it all?
A. lleave it at 1.0, or more recently, I've
pumped it up to 1.1, which also feels okay. Takes
50-something minutes; basically, an hour.
Q. Why do you do an hour on the treadmill as
opposed to a shorter period of time?
A. Because -- | think -- I'm not positive what
the medical is of it, but what | understand is that my
blood doesn't circulate as well on the left side as my
right side. | have tendency to get blood clots which
could travel to my lung and heart. So it’s important
for me to sort of keep moving.
Q. Is there anything else you do on the treadmill
other than walk? Are you reading or looking at
anything, are you talking?
A. I'll watch TV, usually.
Q. In terms of how you operate the treadmill, how
do you get on it?
A. Ican step onto it. It's like a small step
30
up.
Q. And how do you turn it on?
A. There's a button.
Q. Now, do you -- in terms of the -- where do you
keep your right hand when you're walking on it?
A. hold onto the — there's a handle down here
that |hold onto. And that's -- sorry. That's actually
one of the reasons why I don't vary the speed because
once I'm holding on, and | can't change the speed
anymore.
Q. Why not?
A. Because my hands -- my right hand is holding
onto the handle. Unless | call for help, I can't change
any of the controls anymore.
Q. Where do you place your left hand, if
anywhere, when you're on the treadmill?
A. It just stays at my side.
Q. After an hour on the treadmill -- do you do
that typically seven days a week?
A. Yes.
Q. Do you tike doing that?
A. Slike it.
Q. Okay. What do you do next -- actually, let me
ask another question.
Before you were injured, were you a treadmill
user?
A. Yes,
Q. How frequently did you use a treadmill?
A. I sort of shot for once a week on the
weekends, more if | could, but, you know, | probably --
probably once a week -- once every couple weeks,
probably right.
Q. You belonged to a gym?
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Page 32
Idid.
Did you like to jog outside?
No.
Did you hike outside?
I've hiked like before in the past, but I
didn't -- | don’t know --| liked it, | didn’t really
like -- | didn't go out of my way to do it.
Q. Okay, How did you use -- obviously, you used
the treadmill differently when you were working out at
the gym before you -- before you got hurt. But on the
‘occasions when you would do it, were you jogging? Were
you running? Were you varying the hills? Can you tell
us about how you used the treadmill?
A. Lusually did a 4.-something or five. Then |
would -- depending on how | was feeling, | would doa
steep incline to sort of burn more calories.
Q. So after you were on the treadmill for an
hour, you've eaten lunch, done your treadmill, what's
next in Ida's routine?
. loften rest a bit after treadmilling.
Why?
. I'm tired.
.. And where do you go to rest?
. Just the couch.
|. Are you normally kicking back on the couch or
are you asleep? Describe what you're doing.
A. Isit on the couch and rest, and this is
usually when | sort of catch up on emails and news
POPOP
OPOPrOP
Page 33
articles for the day.
Q. Okay. And how are you -- what kind of device
are you using to catch up on emails?
. Just a regular smartphone.
. Can you get your news that way as well?
. Yes.
. Okay. What kind of news do you like to check
out?
A. You know, | have the sort of CNN app, breaking
news. Then in the evenings I'll watch the local news
with my parents, which is always kind of depressing.
Q. Okay. How long do you spend resting, then,
before we talk about your next activity?
A. I think about 20 minutes before | feel like |
can get up and, you know, do something active again.
Q. So what's usually the next thing?
A. Then Ido stationary bike.
Q. Do you walk to the bike yourself?
A. Ido.
Q. Where are your parents if you're on the bike
or treadmill?
A. They're in the home, usually in the downstairs
area.
Q._ Is the treadmill and -- are the treadmill and
bike in the downstairs area as well?
A. Yes, they're all in the sort of living
room/kitchen area where | live, | guess.
Q. You normally live in those two rooms where
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28 A. Yes.
May 26, 2015
Page 34 Page 36
4 Q. Does she also create movement with your left
2 A. Yes. 2 leg?
3 Q. Your parents, during the hours that you're 3 A. Yes.
4 having lunch, on the treadmill, on the bike, they're 4 — Q._Is there any pain involved in that that you
5 somewhere in that living space? 5 can sense?
6 A. Yes. That's also where the TV is, so it's a 6 A. Not that | feel.
7 good -- you know, they usually will hang out on the 7 Q. Okay. Tell me, when your mom manipulates your
8 couch or in the kitchen doing dishes, doing household 8 left arm, do you feel anything on your left arm?
9 things. 9 A. No.
10 Q. Is it true that the kitchen and the family 110 Q. Okay. What about when she manipulates your
11. room -- do you call it family room? 11. leftleg?
12 A. [call it the family room. /12 A. No.
13 Q. Yeah, are essentially tatking distance or 113 Q. How does she manipulate your left leg? Can
14 shouting distance so you can talk from one room to the 14 you explain what kind of position she'll put it into?
15 next? (15 A. Yeah. You know, she'll stretch it. Same
16 A. Kind of like a great room because there's no | 16._ thing with my arm like, you know, you'll lift it up and
17 wall or anything, just a big open space. |17 you'll kind of do circles. It's easier to have someone
18 Q. So how long are you on the bike? 118 else -- or it's better, It feels like a deeper stretch
19 A. Thirty minutes. |19 when someone else does it for you.
20 Q. And has anyone prescribed, you know, “You 20 If you lie down flat on your back and you lift
21. should do this for 30 minutes,” or is that something you 21° your leg up to do a stretch, you can do it, but when
22 arrived at with your parents or otherwise? 22 someone kind of pulses on that leg, it's deeper. And
23° A. Wearrived at it ourselves, 23 it's...
24 Q. And how -- when you ride the bike, you know, 24 Q. So she takes you to a greater range. of motion?
25 riding a bike is a two-legged activity. Could you 25 A. Right, right.
26 explain what you're feeling, if anything, on your left 26 Q. When she takes you to a range of motion, let's
27 side when you ride the bike? 27 say, if your leg's all the way up or your arm is all the
28 A. Solusually try to use my left foot to push 28 way back, where do you feel that? Do you feel that
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1 the pedals. That's kind of the point of the exercise | 1 somewhere on the left side?
2 think. But when | -- when | -- when I don’t move my 2 A. Sometimes my shoulder, | can feel it when
3. right foot, nothing happens. | end up pedaling with my 3 she's really pushing it. | can feel like -- or my
4 right foot. My left foot is kind of tagging along. 4 shoulder will actually crack.
5 They're in pedals where they're strapped in. 5 Q. Do you feel temperature on your left side?
6 @_ Doyou have any understanding as to whether 6 A. No.
7 there is any benefit to your left side when you're doing 7 Q. I wantto sort of get an understanding from
8 an activity like biking? 8 head to toe.
9 A. I'm not sure. 9 Do you have a sensation on your left eyebrow?
10 Q. Okay. After you get off the bike, what do you 10 A. Some.
11. do? 1 Q. Okay. If someone kisses you or palpates your
12 A. | guess depending on the time, sometimes it's 12 left cheek, is that something you feel?
13 late enough that it's time for dinner. 13 A. No.
14 Q. Does your -- do either of your parents during 14 Q. Okay.
15 that typical day assist with any of your exercises 45 A. Imean, | guess it depends on how hard they do
16 nowadays? 16 it. If they like really poke my cheek, | feel it. If
417 A. Oh,yes. After my bike, I'm usually tired 47. it's a sort of light tap, | guess it sort of depends on
18 again, I'll sit down. This is when my mom will do alot 18 the degree of the push.
19 of my range-of-motion exercises, because it's like 19 Q. Have you been able to experience any sensation
20 multitasking, like, I'll be sitting, she'll be able to 20 of hot or cold temperature on your left side?
24. do my sort of passive stretches on my armandleg. 21 A. No.
22 Q. What's a passive stretch? 22 Q. Such as if you put your hand on ice or lean
23 A. It's sort of like I'm sitting there and she's 23 your shoulder on a stove or anything like that?
24 manipulating --it will be -- manipulating my arm for 24 = A. No.
25 me, because I can’t actually move my arm. 25. Q. Okay. Back to the routine. So once you've
26 Q. So she creates movement of your left arm; is 26 done bike — strike that.
27 that right? 27 Once you've done treadmill and bike, you rest,
28 your mom's done some range-of-motion exercises with you,
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What happens next?
A. So, again, kind of depends how late it is.
Might be dinnertime or late enough I can go take a
shower.
Q. Okay. And do you do anything to assist in the
preparation of dinner?
A. No.
Q. Why not?
A. There's nothing | really can do. | can't like
open bottles or jars.
Q. If someone opens a jar partially for you, can
you usually do it the rest of the way?
A. Ifit's open just on top, yeah, I can. If
It's - again, It depends how tightly it's closed. If
it's fairly loose, | can screw it on and off, but...
Q. What about operating a stove or mixing sauce
on the stove?
A. No.
Q. Why not?
A. Well, one of the reasons | can't actually get
things on the stove because unless it's very light, it's
difficult to lift ~ like | guess when I think of
cooking, | think of when | was in L.A. making spaghetti.
You have a pot of boiling water. When you
have a pot of water, | use both hands to lift and carry
it to the stove and then dump it out.
Q. So what are you usually doing when dinner is
being prepared?
A. I'm like talking to them.
Q. Okay. You guys eat out at restaurants
sometimes?
A. Occasionally.
Q. And what is that like in terms of getting out?
Do you like to do that?
A. Ido.
Q. Okay. Do you have a routine on a weeknight as
to what you do after dinner?
At some point, Jeff Cheng has to come into the
picture, doesn't he?
A. Yeah, | guess | wait for him to come home from
work,
Q. What time does he usually come home?
A. Varies on the day. | would say 10:00, 11:00.
If it's midnight, then | start to worry and call his
cell phone or call his work phone. Usually pretty late.
Q. And when you meet up with Jeff, is that
typically now at your parents’ house, or we understand
from his testimony that he has a nearby apartment now?
A. So it kind of varies on the day. | would say
generally | expect him to show at my parents’ house
unless he calls and says, "Hey, let's -- you know, meet
me at my apartment.”
Q. Sounds like between the time dinner ends and
Jeff come homes from a day of work at the law firm,
there's some time -- there's some gap of time; is that
true?
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A. Yes.
Q. And what do you do normally with that time?
A. I'll watch TV or read or just hang out with my
parents, like chat, you know.
Q. What do you -- do you have your typical
watches on TV when it's not playoff time?
A. Depends on the night, right. So | have kind
of usually weekly shows. We're trying to catch the
final season of Mad Men and Scandal. A lot of like
easy, soapy dramas, | guess.
Q. The shows that you watch like Mad Men and
‘Scandal, | guess they're on a weekly basis ~~
A. Yes.
Q. ~- or seasonal weekly basis.
Do you have any issue in terms of generally
understanding what's going on?
‘A. You know, when I'm watching one episode by
itself, | can sort of -~ | can follow It along easily.
When the next week comes along and the episode starts,
sometimes | have a little trouble following, like, wait,
what happened, why did that guy do that.
So | often will sort of Google the episode,
recap from the week before just to refresh my memory as
to what happened and why.
Q. And you mentioned reading. How often do you
read?
A. Probably every day.
Q. Do you -- are you ~ Is there a variety of
Page 41
what you read, or do you have your favorite stuff that
you stick with?
A. I guess a variety. Like, you know, when!
have that -- when I have a gift card balance, I'll buy a
new book.
Q. Okay. Are you reading any -- strike that.
When you were in law school, you read a ton,
right?
A. Yes.
Q. When you were a lawyer, you were required --
when you practiced as a lawyer, I'm sorry, at Gunderson,
you were required to read a lot?
A. Yes,
Q. What kinds of things were you accustomed to
reading and at what level before you got hurt?
A. So in law school, there was textbooks, case
studies. And Gunderson, it was contracts and statutes
and rules and code books, things like that.
Q. Did you have any difficulty with comprehension
when you were in law school and at Gunderson?
A, No.
Q. [understand you were on the Women's Law
Review, is that correct?
A. Yes.
Q. What was your role there?
A. Iwas --| was one of the editors. So we
would read -- we would read the articles and sort of
make notes on them, and we would cite check, make sure
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1 all the facts are cited. And then we would go to the 1 Q. Did you have any sense of whether you could
2 library and pull the sources and make sure what they 2 read at roughly the same speed as you used to?
3. were saying in the paper was actually in the source. 3 A. Iwas certainly alittle slower.
4 Q. Isthat something you enjoyed doing? 4 Q. Okay. How did you know?
5 A. I mean, it was okay. 5 A. Well, so | find a lot that when I'm reading
6 Q. Okay. When's the last time you tried to read € The Nine or The Oath, you know, I'm reading the page, |
7 something with the complexity of a law-review article or 7 can read the words, | know what the words mean.
8 the types of documents you're accustomed to reading as a 8 After a paragraph or page or two, something
9 corporate transactional lawyer? 9 happens. I'm like, wait, what happened the last -- you
40 A. Ihave a little trouble reading nonfiction 10 know, so | reread it. So | usually read a page a couple
11 now. Sot haven't had --| haven't sort of gotten out 11 of times before understanding where the author is going
12. to look for a law-review article. | 12. enough to take -- go to the next step.
13 Q. Does Jeff ever -- do you and Jeff ever sort of 113, Q. Okay. Could you ever get through, say, a
14 read a book together? | 14. chapter without having to reread pages --
15 A. We've like -- I've borrowed his books. We 15 A. No,
16 haven't read them at the same time, but we've read many = 16 Q. ~in The Oath or The Nine or something that
47 of the same books. 17 has a higher nonfiction complexity?
18 Q. And-can you give us an example of a book 18 A. No.
19. you've borrowed from Jeff since you've been injured?
Preview
ROBERT M. PETERSON (Bar No.: 100084) COLIN C. MUNRO (Bar No.: 195520) ELECTRONICALLY CHRISTOPHER J. WEBER (Bar No.: 233998) FILED CARLSON, CALLADINE & PETERSON LLP ‘Superior Court of Caltfornia, 338 een Street, 16th Floor County of San Francisco an Francisco, CA 94111 1 Telephone: (415) 391-3911 Le ec Facsimile: (415) 391-3898 eee Deputy Clerk Attorneys for Defendants TAXI EQUIPMENT LEASING LLC and YELLOW CAB COOPERATIVE, INC, SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO IDA CRISTINA CRUZ FUA, CASE NO.: CGC-11-515542 Plaintiff, DECLARATION OF COLIN C. MUNRO IN SUPPORT OF DEFENDANT YELLOW CAB ve COOPERATIVE, INC.’S MOTION FOR JUDGMENT NOTWITHSTANDING THE JOEL ENRIQUE ANDINO SANCHEZ, and VERDICT individual, CAROLINE MILLER, an individual; TAX] EQUIPMENT LEASING LLC, a Limited Liability Company; SAN Date: TBA FRANCISCO INDEPENDENT TAXI Time: 9:30 a.m. ASSOCIATION, a Corporation; YELLOW Dept: 608 CAB COOPERATIVE, INC., a Corporation; and DOES | through 50, Inclusive, Defendants. I, Colin C. Munro, declare as follows: 1, I am an attorney at law licensed to practice before all courts in the State of California and am a partner in the law firm of Carlson, Calladine & Peterson LLP, attorneys of record for Defendant Yellow Cab Cooperative Inc. (“Yellow Cab”) in the above matter. I personally know the following facts and if called as a witness, I could and would competently testify thereto. 2. Attached hereto as Exhibit A is a true and correct copy of the trial transcript of Ms. Fua from May 26, 2015. i Case No.:_CGC-11-515542 DECLARATION OF COLIN C. MUNRO IN SUPPORT OF DEFENDANT YELLOW CAB COOPERATIVE, INC'S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICTI declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 3rd day of November, 2015 in San Francisco, California. 2) og Ho COLIN C. MUNRO 2 Case No.: .CGC-11-515542 DECLARATION OF COLIN C. MUNRO IN SUPPORT OF DEFENDANT YELLOW CAB COOPERATIVE, ING.’S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICTEXHIBIT AIn the Matter of: IDA CRISTINA FUA CRUZ Vs. JOEL ENRIQUE ANDINO SANCHEZ FUA, IDA May 26, 2015 First Legal | Deposition Services» =" Accurate » Experienced e Exceptional Phone: 855.348,4997 Fax: 855.299.6722 Email: info@firstlegaldeposition.com www. firstlegaldeposition.comSUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO ---000--- IDA CRISTINA FUA CRUZ, PLAINTIFF, vs. Case No, CGC-11-515542 JOEL ENRIQUE ANDINO SANCHEZ, ET AL., DEFENDANTS . TESTIMONY OF IDA FUA TUESDAY, MAY 26, 2015 Taken at the location of: SAN FRANCISCO SUPERIOR COURT DEPARTMENT 608 HONORABLE GARRETT L. WONG 400 McAllister Street San Francisco, California ---000--= Reported by Mary Jackson, CSR #8688IDA FUA May 26, 2015 Page 2 Page 4 2 APBEARANCES 1 issue. Itis in Ms. Fua's second volume at page 180, Se ne ee LAN GROGE 2 and it's line 2 through 23. We're getting the original 702 Marshall Street, Suite 400 3. of that volume for Your Honor to have. ‘ I a Nor Oe, 4 THE COURT: Otay. s MARK ROSENBERG, Attorney at Law 5 MR. MUNRO: Perhaps if | could do for ease of 650, 369.0200 6 time. | could approach. | don't have any markings on 7 POPE Pee eee 7 mine and | can hand it to Your Honor. For the Defendant and Cross-Complainant Joel Enrique 8 THE COURT: Very well. See eerar aie aeons 9 MR. EMANUEL: | have no objection. 50 Santa Rosa Avenue, Suite 200 10 MR. MUNRO: Your Honor, at page 180, lines 2 a a roa akaa eMUneeN, AEvorney. weal 11 through 20 essentially deals with the -- some testing WW 707.595.5400 ‘ 12. that Ms. Fua had done with Dr. Alleven. And in that doug. shureen@mcmillanshureen.com 13 portion of the testimony, what she's describing is in 13 poe the Defendants Taxi Equipment teasing iC and Yellev 14 essence she had a discussion with Dr. Alleven, but then Cab Cooperative, Inc.: 15 was describing the problem that she had had during that EL CARLSON, CALLADINE & PRTERSON LLP 16. specific test. 15 353 Sacramento Street, 16th Floor 17 And in particular, the problem was she was San Rranciseo, California sana 18. describing that "I couldn't hold the paper down with one - re Cuuisroviee a. ieee abeermee at Law 19 hand.” And we're going to tie that in at the end of ay 415.391.3911 20 this trial with regard to the issue of the scoring on ae qanrestteon 21. that particular test was related to the time it took 19 22° Ms. Fua to complete the test. - 23 And here is her recognition and acknowledgment 22 24 that the problem she had with regard to the time was her 2 25. physical movement of the paper. 25 26. So that's what the intention of this testimony 26 27 is. 3 28 THE COURT: You'e offering this? A Page 3” Page 5 1 SAN FRANCISCO, CALIFORNIA, TUESDAY, MAY 26,2015 1 MR. MUNRO: Yes, Your Honor. 2 9:09 a.m. 2 THE COURT: Mr. Emanuel. 3 PROCEEDINGS 3 MR. EMANUEL: Yes. And I'm reading page 180 4 4 and in terms of context, it starts where clearly 5 (The following proceedings were held in open 5. Dr. Alleven, the neuropsychologist, is telling the 6 court in the presence of the jury:) 6 plaintiff she had good improvement. She's telling the 7 7 plaintiff information concerning deficits or issues. 8 THE COURT: All right. We're on the record in 8 As you read down closer to line 20, | think @ the matter of Fua versus Sanchez, and we'll have counsel 9 it's unclear. But my interpretation is that Dr. Alleven 10 make their appearances. 10. is telling Ms. Fua this information such as that Ms. Fua 4 MR. EMANUEL: Todd Emanuel for plaintiff. 11 was slow on the test or had had difficulty with the 12 MS. MARBLESTONE: Deirdre O'Reilly-Marblestone 12. paper. 13. for the plaintiff. 13 And to the extent that interpretation is 14 MR. SHUREEN: Douglas Shureen for 14 reasonable, | think this is hearsay. |'m not sure if 15 defendant/cross-complainant, Joel Sanchez. 15. it's offered for something other than the truth, but it 16 MR. MUNRO: Sorry, Your Honor. Colin Munro 16 appears to be hearsay to me. 17 for defendant, Yellow Cab Co-Op and Taxi Equipment 17 THE COURT: Hearsay, | don't understand. 18 Leasing. 18 Hearsay by -- 19 THE COURT: All right. | understand that the 19 MR. EMANUEL: By the doctor -- by the doctor's 20 parties wish to address an issue having to do with 20 out-of-court statements to the plaintiff that apparently 21. designation and counter-designations, 21 Mr. Munro wishes the plaintiff to testify to today or 22 MR. MUNRO: Yes, Your Honor. We provided -- 22 actually he wishes to simply use the -- the video 23 Yellow Cab provided designations of Ms. Fua's testimony 23 transcript rather than calling Dr. Alleven. 24 to Mr. Emanuel regarding video that we intended to play 24 MR. MUNRO: This is not hearsay, Your Honor, 25. during the trial, 25 because she doesn't say here, “This is what the doctor 26 Mr. Emanuel has responded over the weekend. | 26 told me." 27 appreciate him doing so as early as possible. 27 She says, "The reason we talked about it was 28 There was only one designation that remains at First Legal Deposition - info@firstlegaldeposition.com because | couldn't hold the paper down with one hand.” 2to5 LA: 855.348.4993 OC: 855.348.4994IDA FUA May 26, 2015 Page 6 She's telling -- in this, she's describing what her sensations were. She's not saying, "The reason we talked about it was that the doctor told me that | couldn't hold the paper with one hand." That's not hearsay. MR. EMANUEL: Well, | think if you start at line 2, which is being proffered by the defense, the question is: "QUESTION: Okay. And other than good improvement and the reaction times that she told you -- "she" meaning Dr. Alleven -- "that you had made an improvement since the last testing done by Dr. Brad.” The answer is: “ANSWER: Yes." The next question is: "QUESTION: Again, did she tell you anything about any deficits or issues that she had identified? “ANSWER: Yes." And then it goes on. So by context, it appears to me that we're talking about what Dr. Alleven is telling the plaintiff rather than what the plaintiff was experiencing. It may be that Mr. Munro can lay a foundation with the plaintiff for a different interpretation, but | think that's the reasonable interpretation based on this reading. Page 7 | THE COURT: Well, if the issue is the language at lines 18 through 23, she's recording what she's saying - | mean, not what -- she’s reporting her impressions about her performance on the test. | don't see that as being hearsay. It doesn't strike me as hearsay because -- well, frankly, it doesn't say in this instance that Dr. Alleven said that "I was very slow on that test." It could be read that way, | see your perspective, but the plain text here to me indicates that it was her explaining what happened in her mind. So I'm going to allow it in. All right. One other issue. MR. EMANUEL; Your Honor, could | just go back to that for a moment? In terms of the information that precedes that package from lines 17 or 18 to line 20, is the Court's ruling the same that that's not hearsay? | do understand if we look narrowly at lines 17 to 20, that could very well be interpreted as my client's impressions, perceptions. What about the earlier part? THE COURT: Well, are you complaining about 2 through 5? Let's take that question first, MR. EMANUEL: Yes. THE COURT: You're offering that as hearsay? MR. EMANUEL: | think that's hearsay. THE COURT: That she's been -- she's made an improvement. OOYVAHAWN= 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COVMOHRWONA 10 14 12 13 14 15 16 24 Page 8 MR. EMANUEL: That the doctor told her that. | think Dr. Alleven may come in and testify on Thursday of this week and Dr. Alleven certainly could testify on that, but | think in this form, it's probably hearsay. MR. MUNRO: It gives the context to the rest of the information because it sets up that It was actually a report back by Dr. Alleven to Ms. Fua. And in addition, there's no dispute here that she had earlier testing and that she was recovered since the earlier testing. And I'm not offering that for the proof of its contents. All I'm offering is to give context to the rest of the sentence. The rest of the paragraph where it in essence, it sets up this is a report back regarding testing by Dr. Alleven. Otherwise, the rest of the sentence -- the rest of the quotations don't make sense, THE COURT: All right. I'll overrule the objection. While it is hearsay, | believe that the statements -- well, the statements aren't being offered for the truth of the matter. | don't think that under the circumstances, it needs to provide some context to those questions. I think it's being offered not for the truth of the matter, but to state what her impression was at the time and to give this some sort of context -- well, to give it context for what she later identifies as being slow on that test. Otherwise, if it's read in Page 9 isolation, it does not make any sense. All right. So that's the ruling of the Court on that matter. Okay. Let's go off the record. (DISCUSSION OFF THE RECORD.) THE COURT: Thank you. We're back on the matter of Fua versus Sanchez. The record should reflect that all 16 jurors are present. All counsel are present. Ladies and gentlemen of the jury, | have three law students this summer that will be here. We have one | today, Mr. Aguon from USF law schoo! sitting in the back in case you're wondering who they are when they fall into the courtroom. And the other two will be arriving Friday. So on our dark day. All right. Let us turn now to Mr. Emanuel. Please call your next witness. MR. EMANUEL: Thank you. We call Ida Fua. THE COURT: Thank you. ‘You can have her take a seat. We'll just have her sworn from her seat. MS. MARBLESTONE: Okay. Thank you, Your Honor. THE COURT: Morning, Ms. Fua. THE WITNESS: Morning. THE COURT: Would you raise your right hand please. First Legal Deposition - info@firstlegaldeposition.com 6 tod LA: 855.348.4993 OC: 855.348.4994IDA FUA May 26, 2015 Page 10 Page 12 1 IDA FUA, 4 crosswalk to get here on a previous occasion? 2 having been first duly sworn, was 2 A. We did on April. We weren't sure what the 3 examined and testified as follows: 3. parking situation was like, so when we found a spot, we 4 4 just kind of grabbed it, then we had to cross the 5 THE WITNESS: I do. 5. street -- I'm not sure the name of the street this is, 6 THE CLERK: Please state your name and spell 6 but the one in front of the courthouse. 7_ it for the record. 7 Q. Did you cross in the pedestrian signal with 8 THE WITNESS: Ida Fua. Last name is "F," as | 8 your parents? 9 in “Frank,” U-A. 9 A. Yes. 10 THE COURT: All right. Very well. 10 Q, And what happened? 4 41 A. I guess it's a timed light, right. So it’s 12 DIRECT EXAMINATION 12. like 25, 30 seconds to make it across the both lanes of 13 BY MR. EMANUEL: 13. traffic. 14 Q. Good morning, Ms. Fua. 14 And on the day when we tried crossing it, | 15 A. Morning. 15 didn't quite make it, and that's why today my dad made 16 Q.. | guess | should start by asking you about 16 sure to drop my mother and | off so that we wouldn't 17 your courtroom experience, okay? 17 have to deal with that problem. 18 A. (Nodding). 18 Q. Is that something that you've tried to do 19 Q. Have you ever been to court as a lawyer 19 before in your recovery process to see if you could 20 before? 20 cross a street within the amount of seconds allotted on 24 A. Never. 21 alight? 22 Q. Ever been on the side of the counsel table 22 A. ~Ihaven't before. 23 = that the lawyers are on arguing a case? 23 Q. Okay. About how far across the street did you 24 A. No. 24. get in April before, what, the red signal came up or 25 Q. Okay. Have you been in a courtroom before? | 25 traffic moved? What happened? 26 A. ‘Thave. 26 A. We made it about three-quarters of the way, 27 Q.. In what capacity? 27 and then the light changed, so cars started to go, and 28 A. Earlier this year, I think it was in April, my —_28._ luckily, since | was already there, they just stopped Page 17 Page 13 4 parents and I came to the --this particular courtroom, | 1. for me because people are relatively polite in 2. sort of practice, lay out our bearings. 2 San Francisco. 3 Q. You did a test run of getting to court today? 3 Q. Okay. | want to ask you -- well, in terms of 4 A. Right. i 4 your -- you don't have courtroom experience as a lawyer. 5 Q. Okay. And tell us what you did in order to 5 Have you ever served as a juror before? 6 prepare for coming to court today in terms of giving it (6 A. Ihave. 7 a test run from a physical standpoint, driving, parking, | 7 Q. Howlong ago was that? 8 etcetera? 8 A. That was back in New Jersey, so it must have 9 A. In April? 9 been 2005 or 2006. 10 Q.. Yes, 10 Q. In terms of the field of law you chose, that "1 A. We sort of wanted to check out the traffic and 11. was what? 12 route. We had never been to the courthouse before. We 12 A. Corporate. 13 wanted to see what it looked like and what the parking = 13 Q. Was there a specialty within corporate law, 14 situation would be like and whether there would be a 14 being compliance or transactional or something else? 15 good area for my dad to drop me off in front of the 15 A. ‘did transactional jaw rather than 16 courthouse. 16 litigation. 17 Q. Did you 17 Q. And could you tell the jury from your 18 A, And then ~ 18 experience what the difference is? 19. Q. I'msorry. Go ahead. 19 A. So litigation is you guys, right. So like 20 A. » we walked in, 20 lawsuits in courtrooms and trial. 1 think | was a 21 It was good to get there early because there 21 (ittle -- 1 was a little, | don't want to say “scared,” 22 was security, so | had to sort of navigate -- | made 22 but | was wary of doing that as far as my career. 23 sure when! came today not to wear, you know, heavy 23 And the corporate side made sense as far as my 24 jacket and not to, you know, be covered in metal. 24 background ‘cause | had a background in business and 25 Q. Did you do any walking across the street to 25 finance. 26 get here this morning? 26 What I liked about the transactional side is a 27 A. Not this morning, no. 27 \ot of it is like drafting contracts and negotiating. 28 Q._ Did you try to walk across the street in a 28 And | liked -- even if you're opposing counsel, you're First Legal Deposition - info@firstlegaldeposition.com 10 to 13 LA: 855.348.4993 OC: 855.348.4994IDA FUA May 26, 2015 Page 14 sort of on the same side, kind of working towards a goal; whereas, you guys are, you know, a little more combative or "adversarial," | guess is the word. Q. I want to ask you about your usual routine, if you have one, and kind of your routine today, okay? A. Okay. Q. Could you tell us what time normally you go to sleep? A. lusually go to bed around 11:00 or midnight. Page 16 the types of things you do during that - A. Alot of it is stretching my legs, and like | have, you know, a limited - | have some movement in my left leg, so I'll do things like, you know, you'll lie ‘on your stomach and you kind of kick your leg up. And Vil do that a number -- maybe like 8, 10 reps. I'lldo ita number of times. The kinds of movements that! can do, | work on doing when I'm in bed. Q. Then after 30 minutes or so, is there -- the Q. What time do you normally wake up? 10 next part of your daily routine that you do almost each ‘A. Probably ten, 11:00, 12:00. 44 and every day? Q, Okay. And how did you change that, if at all, 12 A. Iguess | get dressed for the day, brush my for a 9:30 court appearance this morning? 13. teeth, use the restroom, just kind of A. So today I knew we were --I knew my dad 14 Q. Okay. Let's talk about -- let's talk about wanted to leave the house at 7:00, which meant | woke up 15 getting dressed, What you're wearing today, are these at 5:00, which meant last night | went to bed at 46 the types of clothes that you normally wear as part of 6:00 p.m., which was really hard because the basketball 17 your routine oris today different? game was on and ~ 48 A, Todayis alittle difforont. Because we were THE COURT: You didn't miss anything. 19 coming here, | wanted to | guess look a little more THE WITNESS: Of course, the first thing | did 20 formal, dressed up. when | woke up was check all the news, Soltriedtogo 21 Q, Let's talk about how you -- forget about to bed at 6:00. I probably ended up falling asleep, 22 today, how you normally get dressed. 6:30 to 7:00. Takes awhile to wind down and fall sleep. [23 A. So normally | can get dressed on my own as BY MR. EMANUEL: 24 long as I'm wearing a T-shirt. Anything that's kind of Q. Do you normally get up with an alarm clock or 25 a pullover, | can do on my own. Pants, all of that, is does someone wake you or does it happen naturally? | 26 fine on my own. A. Ona normal day, | let myself wake up 27 Q. What kind of pants? naturally. 28 A. Regular -- any like pull-on pants. Page 15 Page 17 Q. Okay. And what do you do right after you wake 1 Q. Okay. What about pants with buttons? up? 2 A. The pants on buttons are usually fine because A. Ihave a number of sort of bed exercises | do 3. the zipper on pants are usually already connected, you at home, which are sort of stretching and warming up. | 4 just lift it, and then at that point, the buttons are do that before leven step out of bed because when I've | 5. close enough, it's easy to get with one hand. tried it before in the past without it, | find my leg is 6 Q._ In terms of pullover shirts, we're talking very shaky and I have trouble walking. 7 about T-shirts, sweatshirts, that sort of thing? Q. The exercises that -- stretching exercises you 8 A. Yes. do immediately after getting up, does anyone help you 9 — Q. Howdo you put those on without help? with those? 410 A. use my right hand to -- sort of to get my A. No. 41 left hand in. | pull it across and get my right hand Q. Can you -- did any -- strike that. 412. in. Has a doctor told you immediately when you get 43 Q. Just using your right side? up, you should do this sort of stretching regimen, or is 44 A. Right. that something you kind of took to yourself? 45 Q. Allright. What about your hair on a typical A. It wasn't a doctor who gave it to me, but a 16 day, how do you do that? physical therapist when | was at Kaiser Vallejo gaveme 17 A. I'll typically just leave it down, maybe throw the routine. And so it was something we did every day 18 a headband on because it's easy to just, you know, put as part of our therapy, and it kind of -- sort of 49 up. started to make sense to do it in the morning first 20 Q. Okay. | see that you're wearing earrings. thing when I've tried -- sometimes I'll wake up, | a A. Yes. really have to go to the bathroom, | want to run tothe 22 Q. Do you normally wear earrings? bathroom. | find that it's very difficult to walk when 23 A. No. haven't done it. 24 Q. Why not? Q. Okay. How long does it take you to do that 25 A. _Ineed help getting them on. If | do wear initial stretching regimen? 26 earrings, I'll wear -- it will be a stud and I'l just A. Half an hour. 27 wear it for like -- | won't take them off ever. I'll Q. Can you give us a sense of just visually of 28 First Legal Deposition - info@firstlegaldeposi ion.com just wear it for like weeks at a time. Or like the 141017 LA: 855.348.4993 OC: 855.348.4994IDA FUA May 26, 2015 Page 18 regular hook earnings you can do with one hand. Q. What have we not covered? How about socks, do you put your socks on by yourself? A. Yes, Q. And what type of shoes do you normally wear if you're not doing something somewhat formal like we're doing today? A. Sol wear sneakers, and we have those -- they have like elastic laces that you can buy at RElorkind | of sporting goods store. Basically, | use laces that don't need to be tied. Q. Okay. So then let's talk about how today might be different. | see you wearing a button-down shirt? A. Yes. Q. Could you tell us how you get on a button-down shirt? A. Sol was =I got up around «| woke up at 5:00. | was out of bed around 5:30, brushed my teeth, used the restroom. | did my pants. | got my shirt on, then I spent about -- I tried doing it on my own. 1 always try to do it on my own first because | prefer not to ask for help, right. So it's a little difficult with buttons because they're on the opposite side. It's easier if you bring them together. With one hand, it's a little difficult to get it together. Page 19 | I probably spent about 30, 45 minutes trying to-do it on my own, and eventually around 6:30, just knowing that it was time sensitive, | called my mom and she did my buttons for me and she rolled up my sleeves and she did like motherly fussy things, like she fixed my collar and pulled down my shirt, you know. Q. How do you feel about those motherly fussy things? A. I'm -- you know, good and bad. It's hard to say. Like on one hand, I'm very grateful for them. Obviously, | need them and she's here. And I'm grateful for that. On the other hand, it makes me feel like a ten-year-old. Q. What -- A. She definitely has like licked her thumb and wiped a smudge on my mouth before, like within the past year. So that's embarrassing, but... Q. I didn't notice, what kind of shoes are you wearing today? A.. I'm wearing sneakers today. Q. Are those with Velcro or ties? A. Elastic ties. Q. Okay. A. Ihave -- sorry, | have like dressier shoes | was going to wear, but | couldn't get them on. My dad was like "Ah, just wear the sneakers. They're dark colored. You're not going to get called out for wearing 26 27 28 Page 20 sneakers In the courtroom." Q. What's different about your hair today as ‘opposed to a typical day? What did it take to prepare -—- A. Well, my mom also pulled my hair back in a ponytail. | wanted It out of my face so | guess people could see me. That's really all. It's different. She pulled it back for me. Q. So when you don't - when you're wearing just ‘stuff that you could pull over and put on yourself, how tong does it take you to get dressed and do your hair as you commonly do it? A. Still, probably half an hour to an hour still takes me just ‘cause I'm a little slower at doing things. Q. And what if Mom is helping? How long would it take? A. Oh, half the time, | would say, or like normal speed. Q. Then you talked about getting up to go brush your teeth, correct? A. Yes. Q. Can you just sort of take us through the process of doing that? Do you put on any brace before you get up? A. Oh, sorry. Always, yes. Like when | get out of bed, I stand up, and then | sit down again. | have my leg brace and my shoulder brace and my wrist brace. rl Page 21 Q. Let's talk about those. What is your leg brace for, as you understand it? A. So what think it's for is because my -- for like my foot drop because, you know, my legs are -- my leg is pretty much paralyzed. There's some movement, but I can't lift my foot to take a step. And so this brace that I have keeps my foot kind of upright. Ican take a step without dragging. Q. So what does the brace do in terms of pointing, or does it do something to point your toe in any certain direction? A. Ithink it keeps my foot up. Q. Okay. A. Otherwise, it will just drop. Q, Allright. And can you put on that brace by yourself? A. Lean. Q. How long does it take you to get that brace on? A. Couple minutes. Q. Okay. And then you mentioned you have a wrist brace? A. Yes. Q. Are you wearing that now? A. lam. Q. Can you use your right hand to raise your left-hand? Give us an understanding from your First Legal Deposition - info@firstlegaldeposition.com 18 to 21 LA: 855.348.4993 OC: 855.348.4994IDA FUA May 26, 2015 Page 22] Page 24 perspective of the function of your -- you can put it [4 A. Yes. down. (2 Q. There was a time that you were required to A. Sorry. 3 wear a helmet. Q. -- of the function of your wrist brace? 4 Do you remember that? A. Same thing as my leg brace, sort of stabilizes 5 A. Yes. my wrist so it doesn't droop and get caught in things. 6 Q. How long were you wearing the helmet for? Keeps my arm straight, basically. 7 A. Must have been a year and a half, Q. Then you have one more brace in your shoulder 8 Q. When did you not -- during that year and a area? 9 half or so period, were there hours of the day when you A. [have a shoulder brace that is under my clothing. | try to cover it up because when it's visible, | get a lot of questions, what happened to your shoulder. Q. So where does that brace travel? Can you explain it to us? A. So it goes up sorry, so it goes up my arm and basically holds my shoulder in. Q. Okay. Does it go around your shoulder? A. It covers through here - like, it goes down to here. Q. Okay. Your elbow area? A. Right. | don't know if you can - you probably can't see through. It goes around. It goes up through towards my neck, and then goes around and Velcros in the front. Q. So does it go across your body on to the right side? A. It does in the back. So it has like a strap. Page 23 It goes up my shoulder, then kind of ~in order to strap it in, it goes around my body and then closes in the front. Q. Okay. What's the purpose for all of that? A. So this keeps my shoulder in as well. Because my arm Is paralyzed, my arm will sort of droop, and so there's a high risk. I guess It keeps my arm from dislocating off the shoulder; otherwise, it will basically fall off. So that's why it's -- it keeps It stable. Q._ During what hours of the day do you wear your leg brace? A. All day, Q. Do you wear it to sleep? A. No. Q. Other than sleeping, do you take it off for any purpose? A. Iff'm resting and my foot needs -- when my foot needs stretching, you can't really stretch it because it's keeping it up. It can’t - so I take it off for my mom to manipulate for range of movement so! can move the ankle around. . What about the wrist brace, do you take that o Ido. Same reason. }. Same times? Yes. And your shoulder brace as well? oror o 24 25 26 could or you did take the helmet off? A. I took it off when I was sleeping, for obvious reasons. And if | was sitting at home just kind of watching TV, | would also take it off. It was bulky and heavy and uncomfortable. Since -- as long as | knew there was nothing dangerous going on, | would take it off. Q. So when your -- if you're going to take a shower, do you walk to the shower? A. Ido. Q. And you're living in your parents' house in San Ramon, correct? A. Yes. Q. In order to take that walk, and we've seen a picture of the family room/living room area where your bed is, tell us -- take us through kind of a picture of where you walk to get to the shower. A. So the shower is in the -- is in the upstairs. The downstairs bathroom is only like a half bathroom. BSASARBHAIS©CSCNOHMSONS| 20 21 Page 26 So | go up the stairs into the bathroom and then the bathroom is usually when | take off the braces. Q. Okay. So you take off the braces in the bathroom before you bathe? A. Right. Q. And then you put them on after you bathe? A. Yes, Q. And how long collectively did the three braces take you to put on without help? A. | would say about 15 minutes. Q. Okay. And in terms of the walk up the stairs now in 2015, do you use any device like a cane? A. Notin the home. Q. Okay. How are you able to walk -- you never use the cane in your parents’ home; is that true? A. Right. Q. Okay. When did that stop where you stopped using the cane at your parents' home? A. I don't remember exactly, must have been sometime last year. | really don't remember exactly. Feels like a long time, but you know. Q. How does it feel walking without a cane? A. Alittle scary. Q. Do you ever walk outside of your parents’ home without a cane? A. No. Q. Do you ever lose your balance in your parents’ home? First Legal Deposition - info@firstlegaldeposition.com 22 to 25 LA: 855.348.4993 OC: 855.348.4994IDA FUA May 26, 2015 Page 26 A. Yes. Q. Tell us when that happens. A. So usually, you know, if I'm kind of rushing 4. to get somewhere or I'm turning a corner, for whatever 5 reason I'll sort of stumble, I'll hold onto the wall for 6 support or a couch or whatever is there, a table, a 7 chair. | 8 Q. Can you tell us how your parents' house is set | 9 up in order to try to protect you from falling to the | 10 ground? 14 A. So we have furniture moved in a way there's 12. kind of pathways that I can follow, where there's always something to hold onto on my right side. Q. Okay, And have you ever taken note of the extent to which you're able to walk in the house without a cane without having to lean on or use something on your right side like a wall or furniture for support? A. Heel like | almost never do that. I'm almost always holding onto something. Q. When's the last time you've fallen in your parents’ house? A. I think it was a couple of weeks ago. Q. Can you tell us what you remember about that? A. Yes. So it was in the kitchen. It's hardwood 25 floor in the kitchen. There's usually a carpet over the 26 spot. For whatever reason, | think my nephew was 27 messing around with it, but there's a slippery spot and 28 Iwas in -- | was rushing to get to wherever, Point A to 4 2 3 Page 27 / 1 Point B, and | was using my cane at this point. | 2 treally ~ 1 don't know why, | just know 3. that | had my cane, and I was rushing, and | slipped on 4 it. And so my --I slipped on it with my left foot. My 5. left foot kind of slipped and went up, and | ended up on 6 my knees. 7 Q. You landed on your knees? 8 A. Right. 9 Q. Didn't hit your head, right? 10 A. Right. "1 Q. Have you fallen on any other occasions in your 12. parents' house since April 4, 2011 since you got home from Kaiser? 1 A. Oh, yes. Q. Do you remember approximately how many times? A. There was definitely the more recent one. There's one a couple years ago, so at least twice that I remember. Q. Is there any time that you can remember either doing this on a challenge basis or just remembering that you accomplished it, that is to say to walk, for instance, from your bed area all the way into the kitchen or your bed area to the steps without using anything for support on your right side? A. [ve never done that. Q. So after you brush your teeth and -- do you have a habit and custom now in terms of when you bathe, is it every day? Is it— 41 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 a 22 23 24 25 26 27 28 oo Page 28 A. In the evening, every evening before bedtime, I guess. Q. Allright. So let's talk about after you brush your teeth and get dressed. We're back in the morning time, okay? A. Okay. Q. What time is it now if we've now sort of -- you've gotten up your typical time, you've done your initial 30 minutes of exercises, you've gotten dressed and brushed your teeth, do | have your routine so far? A. Yes. Q. Okay. So what comes next? A. So ona normal weekday? Q. Yeah. A. Probably be lunchtime at that point. Q. Who prepares lunch? A. Either my mom or my dad, depending on, you know, whoever lost that day. Q. Okay. Allright. Where is lunch served? A, In the kitchen. Q. So you typically walk to the kitchen for lunch? A. Yes. Q. Do you ever assist in preparing? A. No. Q. How long is lunch? A. Thirty minutes to an hour, kind of a normal lunch time, | guess. Page 29 Q. What do you do after lunch? A. Sort of depends on the day. Maybe we may go out for errands, or there may be an appointment, like a doctor appointment or something similar. But if there's -- if nothing is happening, then I'll do my treadmill and my stationary bike and then my exercises with my mom. Q. How long do you normally spend on the treadmill? A. An hour, Q. And do you vary the -- do you have a treadmill that can adjust grading so you can go level, uphill, downhill? A. Ido. Q. Do you adjust that at all? A, Idon't. Q. Okay. What about the speed? Do you adjust the speed? A. Yes. Q. How so? Tell us the range. A. So when | first started doing treadmill years ago, the lowest the tread would go is .5. So | started there. And then every couple weeks or so | would -- level would go up .6, .7, 8, .9. Eventually got to one, which felt like a good speed, like it felt right. And so it was nice because it takes an hour to walk a mile. So it was a nice way to sort of measure my progress for the day. First Legal Deposition - info@firstlegaldeposition.com 26 to 29 LA: 855.348.4993 OC: 855.348.4994IDA FUA RNEPVIHNNNNRSsHaeeness 7 BYSAAROSLSOHSUSFGHRGSNAGOPNDARWN Page Q. So is that part of your routine is you'll walk a mile, and that takes you about 60 minutes? A. Yes. Q. Do you have an exact time that you put it on 1.0 and it takes an hour, or do you vary it all? A. lleave it at 1.0, or more recently, I've pumped it up to 1.1, which also feels okay. Takes 50-something minutes; basically, an hour. Q. Why do you do an hour on the treadmill as opposed to a shorter period of time? A. Because -- | think -- I'm not positive what the medical is of it, but what | understand is that my blood doesn't circulate as well on the left side as my right side. | have tendency to get blood clots which could travel to my lung and heart. So it’s important for me to sort of keep moving. Q. Is there anything else you do on the treadmill other than walk? Are you reading or looking at anything, are you talking? A. I'll watch TV, usually. Q. In terms of how you operate the treadmill, how do you get on it? A. Ican step onto it. It's like a small step 30 up. Q. And how do you turn it on? A. There's a button. Q. Now, do you -- in terms of the -- where do you keep your right hand when you're walking on it? A. hold onto the — there's a handle down here that |hold onto. And that's -- sorry. That's actually one of the reasons why I don't vary the speed because once I'm holding on, and | can't change the speed anymore. Q. Why not? A. Because my hands -- my right hand is holding onto the handle. Unless | call for help, I can't change any of the controls anymore. Q. Where do you place your left hand, if anywhere, when you're on the treadmill? A. It just stays at my side. Q. After an hour on the treadmill -- do you do that typically seven days a week? A. Yes. Q. Do you tike doing that? A. Slike it. Q. Okay. What do you do next -- actually, let me ask another question. Before you were injured, were you a treadmill user? A. Yes, Q. How frequently did you use a treadmill? A. I sort of shot for once a week on the weekends, more if | could, but, you know, | probably -- probably once a week -- once every couple weeks, probably right. Q. You belonged to a gym? Page 31 1 2 3 4 5 6 7 8 9 10 41 12 13 14 15 25 26 May 26, 2015 Page 32 Idid. Did you like to jog outside? No. Did you hike outside? I've hiked like before in the past, but I didn't -- | don’t know --| liked it, | didn’t really like -- | didn't go out of my way to do it. Q. Okay, How did you use -- obviously, you used the treadmill differently when you were working out at the gym before you -- before you got hurt. But on the ‘occasions when you would do it, were you jogging? Were you running? Were you varying the hills? Can you tell us about how you used the treadmill? A. Lusually did a 4.-something or five. Then | would -- depending on how | was feeling, | would doa steep incline to sort of burn more calories. Q. So after you were on the treadmill for an hour, you've eaten lunch, done your treadmill, what's next in Ida's routine? . loften rest a bit after treadmilling. Why? . I'm tired. .. And where do you go to rest? . Just the couch. |. Are you normally kicking back on the couch or are you asleep? Describe what you're doing. A. Isit on the couch and rest, and this is usually when | sort of catch up on emails and news POPOP OPOPrOP Page 33 articles for the day. Q. Okay. And how are you -- what kind of device are you using to catch up on emails? . Just a regular smartphone. . Can you get your news that way as well? . Yes. . Okay. What kind of news do you like to check out? A. You know, | have the sort of CNN app, breaking news. Then in the evenings I'll watch the local news with my parents, which is always kind of depressing. Q. Okay. How long do you spend resting, then, before we talk about your next activity? A. I think about 20 minutes before | feel like | can get up and, you know, do something active again. Q. So what's usually the next thing? A. Then Ido stationary bike. Q. Do you walk to the bike yourself? A. Ido. Q. Where are your parents if you're on the bike or treadmill? A. They're in the home, usually in the downstairs area. Q._ Is the treadmill and -- are the treadmill and bike in the downstairs area as well? A. Yes, they're all in the sort of living room/kitchen area where | live, | guess. Q. You normally live in those two rooms where First Legal Deposition - info@firstlegaldeposition.com 30 to 33 LA: 855.348.4993 OC: 855.348.4994IDA FUA 28 A. Yes. May 26, 2015 Page 34 Page 36 4 Q. Does she also create movement with your left 2 A. Yes. 2 leg? 3 Q. Your parents, during the hours that you're 3 A. Yes. 4 having lunch, on the treadmill, on the bike, they're 4 — Q._Is there any pain involved in that that you 5 somewhere in that living space? 5 can sense? 6 A. Yes. That's also where the TV is, so it's a 6 A. Not that | feel. 7 good -- you know, they usually will hang out on the 7 Q. Okay. Tell me, when your mom manipulates your 8 couch or in the kitchen doing dishes, doing household 8 left arm, do you feel anything on your left arm? 9 things. 9 A. No. 10 Q. Is it true that the kitchen and the family 110 Q. Okay. What about when she manipulates your 11. room -- do you call it family room? 11. leftleg? 12 A. [call it the family room. /12 A. No. 13 Q. Yeah, are essentially tatking distance or 113 Q. How does she manipulate your left leg? Can 14 shouting distance so you can talk from one room to the 14 you explain what kind of position she'll put it into? 15 next? (15 A. Yeah. You know, she'll stretch it. Same 16 A. Kind of like a great room because there's no | 16._ thing with my arm like, you know, you'll lift it up and 17 wall or anything, just a big open space. |17 you'll kind of do circles. It's easier to have someone 18 Q. So how long are you on the bike? 118 else -- or it's better, It feels like a deeper stretch 19 A. Thirty minutes. |19 when someone else does it for you. 20 Q. And has anyone prescribed, you know, “You 20 If you lie down flat on your back and you lift 21. should do this for 30 minutes,” or is that something you 21° your leg up to do a stretch, you can do it, but when 22 arrived at with your parents or otherwise? 22 someone kind of pulses on that leg, it's deeper. And 23° A. Wearrived at it ourselves, 23 it's... 24 Q. And how -- when you ride the bike, you know, 24 Q. So she takes you to a greater range. of motion? 25 riding a bike is a two-legged activity. Could you 25 A. Right, right. 26 explain what you're feeling, if anything, on your left 26 Q. When she takes you to a range of motion, let's 27 side when you ride the bike? 27 say, if your leg's all the way up or your arm is all the 28 A. Solusually try to use my left foot to push 28 way back, where do you feel that? Do you feel that Pd Ltt Page 35 ~~ Page 37 1 the pedals. That's kind of the point of the exercise | 1 somewhere on the left side? 2 think. But when | -- when | -- when I don’t move my 2 A. Sometimes my shoulder, | can feel it when 3. right foot, nothing happens. | end up pedaling with my 3 she's really pushing it. | can feel like -- or my 4 right foot. My left foot is kind of tagging along. 4 shoulder will actually crack. 5 They're in pedals where they're strapped in. 5 Q. Do you feel temperature on your left side? 6 @_ Doyou have any understanding as to whether 6 A. No. 7 there is any benefit to your left side when you're doing 7 Q. I wantto sort of get an understanding from 8 an activity like biking? 8 head to toe. 9 A. I'm not sure. 9 Do you have a sensation on your left eyebrow? 10 Q. Okay. After you get off the bike, what do you 10 A. Some. 11. do? 1 Q. Okay. If someone kisses you or palpates your 12 A. | guess depending on the time, sometimes it's 12 left cheek, is that something you feel? 13 late enough that it's time for dinner. 13 A. No. 14 Q. Does your -- do either of your parents during 14 Q. Okay. 15 that typical day assist with any of your exercises 45 A. Imean, | guess it depends on how hard they do 16 nowadays? 16 it. If they like really poke my cheek, | feel it. If 417 A. Oh,yes. After my bike, I'm usually tired 47. it's a sort of light tap, | guess it sort of depends on 18 again, I'll sit down. This is when my mom will do alot 18 the degree of the push. 19 of my range-of-motion exercises, because it's like 19 Q. Have you been able to experience any sensation 20 multitasking, like, I'll be sitting, she'll be able to 20 of hot or cold temperature on your left side? 24. do my sort of passive stretches on my armandleg. 21 A. No. 22 Q. What's a passive stretch? 22 Q. Such as if you put your hand on ice or lean 23 A. It's sort of like I'm sitting there and she's 23 your shoulder on a stove or anything like that? 24 manipulating --it will be -- manipulating my arm for 24 = A. No. 25 me, because I can’t actually move my arm. 25. Q. Okay. Back to the routine. So once you've 26 Q. So she creates movement of your left arm; is 26 done bike — strike that. 27 that right? 27 Once you've done treadmill and bike, you rest, 28 your mom's done some range-of-motion exercises with you, First Legal Deposition - info@firstlegaldeposition.com LA: 855.348.4993 34 to 37 OC: 855.348.4994IDA FUA May 26, 2015 Page 38 | What happens next? A. So, again, kind of depends how late it is. Might be dinnertime or late enough I can go take a shower. Q. Okay. And do you do anything to assist in the preparation of dinner? A. No. Q. Why not? A. There's nothing | really can do. | can't like open bottles or jars. Q. If someone opens a jar partially for you, can you usually do it the rest of the way? A. Ifit's open just on top, yeah, I can. If It's - again, It depends how tightly it's closed. If it's fairly loose, | can screw it on and off, but... Q. What about operating a stove or mixing sauce on the stove? A. No. Q. Why not? A. Well, one of the reasons | can't actually get things on the stove because unless it's very light, it's difficult to lift ~ like | guess when I think of cooking, | think of when | was in L.A. making spaghetti. You have a pot of boiling water. When you have a pot of water, | use both hands to lift and carry it to the stove and then dump it out. Q. So what are you usually doing when dinner is being prepared? A. I'm like talking to them. Q. Okay. You guys eat out at restaurants sometimes? A. Occasionally. Q. And what is that like in terms of getting out? Do you like to do that? A. Ido. Q. Okay. Do you have a routine on a weeknight as to what you do after dinner? At some point, Jeff Cheng has to come into the picture, doesn't he? A. Yeah, | guess | wait for him to come home from work, Q. What time does he usually come home? A. Varies on the day. | would say 10:00, 11:00. If it's midnight, then | start to worry and call his cell phone or call his work phone. Usually pretty late. Q. And when you meet up with Jeff, is that typically now at your parents’ house, or we understand from his testimony that he has a nearby apartment now? A. So it kind of varies on the day. | would say generally | expect him to show at my parents’ house unless he calls and says, "Hey, let's -- you know, meet me at my apartment.” Q. Sounds like between the time dinner ends and Jeff come homes from a day of work at the law firm, there's some time -- there's some gap of time; is that true? 20 2 22 23 Page 39 | First Legal Deposition - info@firstlegaldeposition.com “Page 40 A. Yes. Q. And what do you do normally with that time? A. I'll watch TV or read or just hang out with my parents, like chat, you know. Q. What do you -- do you have your typical watches on TV when it's not playoff time? A. Depends on the night, right. So | have kind of usually weekly shows. We're trying to catch the final season of Mad Men and Scandal. A lot of like easy, soapy dramas, | guess. Q. The shows that you watch like Mad Men and ‘Scandal, | guess they're on a weekly basis ~~ A. Yes. Q. ~- or seasonal weekly basis. Do you have any issue in terms of generally understanding what's going on? ‘A. You know, when I'm watching one episode by itself, | can sort of -~ | can follow It along easily. When the next week comes along and the episode starts, sometimes | have a little trouble following, like, wait, what happened, why did that guy do that. So | often will sort of Google the episode, recap from the week before just to refresh my memory as to what happened and why. Q. And you mentioned reading. How often do you read? A. Probably every day. Q. Do you -- are you ~ Is there a variety of Page 41 what you read, or do you have your favorite stuff that you stick with? A. I guess a variety. Like, you know, when! have that -- when I have a gift card balance, I'll buy a new book. Q. Okay. Are you reading any -- strike that. When you were in law school, you read a ton, right? A. Yes. Q. When you were a lawyer, you were required -- when you practiced as a lawyer, I'm sorry, at Gunderson, you were required to read a lot? A. Yes, Q. What kinds of things were you accustomed to reading and at what level before you got hurt? A. So in law school, there was textbooks, case studies. And Gunderson, it was contracts and statutes and rules and code books, things like that. Q. Did you have any difficulty with comprehension when you were in law school and at Gunderson? A, No. Q. [understand you were on the Women's Law Review, is that correct? A. Yes. Q. What was your role there? A. Iwas --| was one of the editors. So we would read -- we would read the articles and sort of make notes on them, and we would cite check, make sure 38 to 41 LA: 855.348.4993 OC: 855.348.4994IDA FUA May 26, 2015 Page 42 Page 44 1 all the facts are cited. And then we would go to the 1 Q. Did you have any sense of whether you could 2 library and pull the sources and make sure what they 2 read at roughly the same speed as you used to? 3. were saying in the paper was actually in the source. 3 A. Iwas certainly alittle slower. 4 Q. Isthat something you enjoyed doing? 4 Q. Okay. How did you know? 5 A. I mean, it was okay. 5 A. Well, so | find a lot that when I'm reading 6 Q. Okay. When's the last time you tried to read € The Nine or The Oath, you know, I'm reading the page, | 7 something with the complexity of a law-review article or 7 can read the words, | know what the words mean. 8 the types of documents you're accustomed to reading as a 8 After a paragraph or page or two, something 9 corporate transactional lawyer? 9 happens. I'm like, wait, what happened the last -- you 40 A. Ihave a little trouble reading nonfiction 10 know, so | reread it. So | usually read a page a couple 11 now. Sot haven't had --| haven't sort of gotten out 11 of times before understanding where the author is going 12. to look for a law-review article. | 12. enough to take -- go to the next step. 13 Q. Does Jeff ever -- do you and Jeff ever sort of 113, Q. Okay. Could you ever get through, say, a 14 read a book together? | 14. chapter without having to reread pages -- 15 A. We've like -- I've borrowed his books. We 15 A. No, 16 haven't read them at the same time, but we've read many = 16 Q. ~in The Oath or The Nine or something that 47 of the same books. 17 has a higher nonfiction complexity? 18 Q. And-can you give us an example of a book 18 A. No. 19. you've borrowed from Jeff since you've been injured?