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SUPERIOR COURT OF CALIFORNIA,
COUNTY OF PLACER
JURY TRIAL MINUTES
Case Name: Anna King vs. Hyundai Motor America
Case Number: SCV0038637
Judge: Michael W. Jones Event Date: July 3, 2019
Location: Department 3 Clerk: Kim Harding
Event:_jury trial Reporter: Teresa Kenworthy
Bryan Altman, Counsel for Plaintiff
Chris Swanson, counsel for Plaintiff Kevin Jacobson, counsel for Plaintiff
Julian Senior, counsel forDefense Sohey! Tahsildoost, counsel for Defense
8:20 a.m. The Court reconvenes forcontinued jury trialproceedings from July 2,2019.
Mr. Chris Swanson, Mr. Kevin Jacobson and Mr. Bryan Altman are present on behalf of and with the
Plaintiff. The Plaintiff Ms. Anna King, ispresent and seated in the courtroom. Mr. Julian Senior and Mr.
Soheyl Tahsildoost are present on behalf of and with the Defendant Hyundai Motor America’s
representative Ms. Zhanna Bulkina.
The Court allows the parties time for setting up forcontinued trialproceedings. The Defense filestheir
proposed verdict form and the Plaintiff'scounsel submits their proposed exhibits. [The Clerk notes that
the exhibits are later audited and returned to Plaintiff's counsel as noted at 10:39 a.m.] The Clerk again
informs counsel that ifthey wish to lodge depositions that are unsealed, they must address such with the
Court.
8:36 a.m. The Court goes on record with all parties present and properly seated. The Court confirms that
the parties have no issues to address.
The Court informs the parties that a juror 85976 has notifiedjury services that he ishospitalized and
unable to attend court session. The Court explains that the juror has been excused due to the
hospitalization.
The Court confirms receipt of the Defense’s proposed verdict form. The Court inquires about Plaintiff's
proposed verdict form and counsel explains itwas filed,but no filingis located nor copy presented.
Mr. Swanson requests to clarifythe trial schedule for next week. The Court explains that next
Wednesday, July 10" will be a morning session only and that iftrialis ongoing Friday, July 12" then
session will startatapproximately 1:30 p.m.
The Court and counsel discuss the jury selection process and then the Court informs counsel that there is
no second panel available thisweek for jury selection. However, the Court has reviewed the number of
prospective jurors available and the number should be sufficient for jury selection. The Court hears no
concerns from counsel.
Page 2 of 7 Jury Trial
July 3, 2019 SCV0038637
The Court explains that the open seats inthe jury box will remain so since counsel has already
commenced voir dire.
The Court explains that if itgets a jury impaneled this morning, then a recess may be taken to setup for
trial,but this depends upon the time of day.
The Court informs the parties that rulings on the motions in limine will be addressed shortly.
8:44 a.m. The Court takes a recess so that the Clerk may assist the prospective jurors inthe lobby area
with the attendance process.
9:08 a.m. The Court reconvenes with allparties present and properly seated. The Court confirms thatthe
jurors have all checked in and the proceedings are ready to continue.
The Clerk informs the Court thatjuror 4,63701, has stated she now has family event concerns for next
week. The Court orders the juror brought intothe courtroom anda brief recess is taken inorder to recall
the prospective juror.
9:09 a.m. Juror 4, 63701, returns to the courtroom and is seated in the jury box. The Court continues with
voir dire of the juror and then she is thanked and excused for hardship.
9:12 a.m. Outside the presence of alljurors, the Court outlines the hardship issue for juror 4, 63701, and
no concerns are heard. The Court confirms the parties are ready to proceed and the jurors are ordered
returned to the courtroom.
9:15 a.m. The Court reconvenes with all parties and prospective jurors present and properly seated.
9:15 a.m. Mr. Senior continues with voir dire of the prospective jurors from yesterday. During voir dire,
several objections are heard and counsel isadmonished to not ask for advisory opinions.
9:33 a.m. Mr. Senior’s voir dire ends.
9:34 — 9:39 a.m. The Court orders counsel approach for unreported sidebar to discuss possible cause
challenges and then they return to theirseats. [The Clerk notes that this sidebar discussion is placed on
record at 10:34 a.m.]
9:39 a.m. The Court goes back on record and thanks and excuses the following jurors for cause not stated
on record: juror 3 [654729] and juror 5 [494337].
9:42 a.m. The Court orders the Clerk to call eight more jurors to fillthe jury box and voir dire continues.
The Court orders the prospective jurors to inform the Court should there be an issue that impacts their
service.
10:08 a.m. Mr. Altman commences voir dire of the prospective jurors and ends at 10:30 a.m.
Page 3 of 7 Jury Trial
July 3, 2019 SCV0038637
10:30 a.m. The Court admonishes thejurors, orders them to return at 10:50 a.m. and excuses them for
recess,
Outside the presence of the jurors, the Court confirms that Plaintiff has no issues to address. Mr. Senior
requests thatPlaintiff's counsel be admonished relating to proper voir dire. The Court again explains that
orders relatingto voir dire are contained inthe pretrialorders, the pretrial orders have been referenced and
counsel are ordered to follow the pretrialorders.
10:34 a.m. The Court confirms that counsel have no further issues to address.
10:34 a.m. The Court places the sidebar from 9:34 a.m. on record and explains that Defense made no
cause challenges. The Court explains that Plaintiff'scounsel made two cause challenges as tojurors 3
[654729] and 5 [49437] thatwere granted. The Court explains the sidebar conversation, counsel are
invited to further comment and comments are heard as noted on record.
The Court addresses the discussion from yesterday afternoon relating tothe demand[s] and settlement.
The Court outlines that some exception was taken to the Court’s inquiry, but itisexplained that such is
required under the Canon 3B(12).
10:39 a.m. The Court goes off record and a recess istaken.
During recess, the Clerk returns allof Plaintiff's exhibits to counsel due to the physical exhibits not
matching their proposed exhibit listing.
10:52 a.m. The Court reconvenes with allparties present and properly seated except the Plaintiff. The
Court confirms counsel are ready and thejurors are ordered returned to the courtroom.
10:55 a.m. The Court reconvenes with alljurors and parties, including the Plaintiffnow present and
properly seated.
10:55 a.m. The Court briefly addresses the jurors relating to Veteran’s Court.
10:57 a.m. Mr. Senior commences voir dire of the jurors and ends at 11:25 a.m.
11:25 — 11:26 a.m. The Court orders counsel toapproach for unreported sidebar discussion to address
possible cause challenges and then they return to their seats.
11:27 a.m. The Court goes back on record and states that counsel pass forcause. Counsel exercise the
following peremptory challenges: Defense 242265 and 239133. The Clerk notes that the Plaintiff has not
exercised any peremptory challenges and Defense has exercised two peremptory challenges.
11:31 a.m. The Court inquires asto whether the twelve perspective jurors have anything that they have
not brought to this Court’s attention or disclosed and no juror responds in the affirmative.
Page 4 of 7 Jury Trial
July 3, 2019 SCV0038637
11:32 a.m. The Court orders the following jurors placed under oath: (1) 668840, (2) 684712, (3) 659575,
(4) 124178, (5) 1131, (6) 408568, (7)666059, (8) 329330, (9)716842, (10) 709121, (11) 412553,
(12) 425478.
11:32 — 11:33 a.m. The Court directs counsel to approach for unreported sidebar to discuss the selection
of the alternate juror.
11:33 a.m. The Court goes back on record and counsel return to their seats at counsel table. [The Clerk
notes that this sidebar was placed on record at 12:07 p.m.]
11:33 a.m. The Court explains that one alternate juror will be selected today, so the jury selection process
will continue.
11:35 a.m. Counsel exercise no cause challenges, Plaintiffexercises no peremptory challenge but Defense
peremptory challenges juror 2602167.
11:35 a.m. The Court inquires asto whether the prospective alternate juror 90175 has anything that he has
not brought to this Court’s attention and his answer isno.
11:36.a.m. The Court orders the following juror placed under oath as the alternate: 90175.
11:37 a.m. The Court thanks and excuses the balance ofthe jurors from service.
11:41 a.m. The Court directs the Clerk to pass out the sworn jurors’ identification badges and then the
jurors are ordered to wear such while inand around the courthouse. The Court briefly outlines the trial
schedule and explains that on Wednesday July 10" the proceedings will recess at approximately 11:45
a.m. The Court explains that there will not be an afternoon session on July 10". The Court also explains
that if trialisstillin session on Friday July 12", the proceedings may not startuntil approximately 1:15
p.m. The Court hears several questions from the jurors as noted on record.
11:47 a.m. The Court admonishes the jurors, orders them to return at 1:15 p.m. today and excuses them
for the lunch recess.
11:48 a.m. Outside the presence of thejury, Mr. Swanson requests to address a possible stipulation
relating to exhibits. The Court reminds counsel that any stipulations are to be placed into writing and
submitted for approval according to the pretrial orders. The Court again reminds counsel tofollow the
pretrial orders. Mr. Swanson discusses several exhibits and then the Court reminds counsel that neither
side have submitted exhibits for premarking. The Court again orders counsel to follow the pretrial orders
and tocheck with the Clerk on exhibits.
11:52 a.m. The Court reviews the preliminary seriesof instructions with counsel as follows: 100, 101,
102, 104, 106, 107, 111, 112 as modified by the court, 113, 114, and 116. The Court confirms counsel
have no further requests as to the preliminary instructions and that the counsel submitted 112 is
withdrawn.
Page 5 of 7 Jury Trial
July 3, 2019 SCV0038637
The Court addresses the Plaintiffs motions in limine as follows and notes that allrulings are made
without prejudice to readdress outside the presence ofthe jurors:
1) Granted
2) Withdrawn
3) Denied without prejudice as stated on record
4) Denied without prejudice as stated on record
5) Withdrawn
6) Denied
7) Denied without prejudice as stated on record
8) Withdrawn
9) Withdrawn
10) Granted without prejudice
12:00 p.m. The Court then addresses the Defense’s motion in limine:
1) Denied without prejudice
based upon Plaintiffexplaining counsel will not get into it
2) No objection, granted
sides in terms of Sanchez [People v. Sanchez (2016) 63 Cal. 4" 665] and its
3) Granted asto both
progeny
Mr. Swanson requests clarification of the ruling, discussion isheard and the request forclarification
is withdrawn and counsel stateshe understands.
Previously ruled upon
Previously ruled upon
Withdrawn
Withdrawn
Granted, follow the code
No objection and granted
No objection and granted
Denied atthis time
The Court explains the issue isfor the jury and that such isnot granted nor denied but based upon
the facts and argument to be presented.
12) Granted and applies toboth sides
13) Withdrawn
14) Granted
15) Defer subject to evidence presentation and proper foundation
16) Granted prior
17) Denied atthis time without prejudice
18) The Court orders a §402 hearing and such must be scheduled at leastone-half hour before witness
testimony. The Court asks when testimony expected and the answer is Monday or Tuesday but
counsel will have better idea at end oftoday.
19) Granted and counsel explained they were not getting into thisarea anyway
12:06 p.m. Court orders allparties to return today atabout 1:05 p.m.
The Court again refers counsel to the pretrial orders and the use of demonstrative items.
Page 6 of 7 Jury Trial
July 3, 2019 SCV0038637
12:07 p.m. The Court places the sidebar of 11:32 a.m. on record. The Court explains that counsel made
no cause challenges and were unable to reach agreement on the selection of the alternative juror at
sidebar.
12:08 a.m. The Court explains that afterMr. Altman completed his initialvoir dire, he stated that he
“passed for cause”. The Court outlines that statement was not taken as such at that time and that the issue
was discussed at sidebar as an erroneous statement at the time by Mr. Altman.
12:08 p.m. The Court confirms the parties have no issues to address and a recess istaken.
1:10 p.m. During the recess, Mr. Swanson submits the Plaintiffs exhibits 1 through 16 and 41 as
described on the exhibit listinggenerated during trial. Mr. Swanson explains that Plaintiff will submit the
balance of their exhibits once they verify conformity with their proposed exhibit listing.
1:15 p.m. The Court reconvenes with all parties present and properly seated except forMs. Bulkina. Ms.
Bulkina is not scheduled to be present for the afternoon session today.
Mr. Senior asks ifPlaintiff isgoing to being using aPowerPoint during their opening statement and the
answer is no.
The Court confirms the parties are ready to proceed and the jurors are ordered returned to the courtroom.
1:20 p.m. The Court reconvenes with all parties and jurors present and properly seated.
1:20 p.m. The Court greets and preinstructs the jurors.
1:50 p.m. Mr. Altman makes an opening statement on behalf of the Plaintiff and ends at 2:16 p.m.
2:16 —2:18 p.m. Mr. Altman requests to approach forunreported sidebar discussion and his request is
granted and counsel approach.
2:18 p.m. The Court goes back on record and counsel return to their seats at counsel table. The Court
admonishes the jurors, orders them to return in fifteen minutes and excuses them for recess.
Outside the presence of the jurors, the Court places the sidebar discussion of 2:16 p.m. on record. The
Court explains thatduring the opening statement, Plaintiffs associate counsel received a PowerPoint
presentation from Defense. The Court explains thatDefense was intending to use the presentation during
itsopening statement. At sidebar, the Court heard objection from Plaintiffs counsel relating to the
Defense’s proposed use of demonstrative items in the PowerPoint presentation. The Plaintiff'scounsel
explained that they did not have time to review the Defense’s email during theirown opening statement.
The Court explains thatitwas concerned over the use of demonstrative items and again references the
pretrial orders. The Court explains that the items which were subject to the motions in limine could have
been removed and the presentation reviewed prior to now. The Court denied the request touse the
PowerPoint presentation. The Court hears from counsel for the Defense that they offer to remove all
demonstrative items or exhibits now. The Court declines the Defense’s request and confirms the order
that the PowerPoint presentation not be used.
Page 7 of 7 Jury Trial
July 3, 2019 SCV0038637
2:22 p.m. The Court orders all parties to return shortly and a recess is taken.
2:27 p.m. The Court reconvenes with all parties present and properly seated as previously stated. The
Court and counsel continue todiscuss the Defense’s PowerPoint issue and scheduling.
2:33 p.m. The Court orders alljurors returned tothe courtroom and a brief recess istaken.
2:39 p.m. The Court reconvenes with all jurors and parties as previously stated present and properly
seated. The Court thanks the jurors forproviding their contact information to the Clerk and assures them
that the information is confidential.
2:41 p.m. Mr. Tahsildoost presents the opening statement on behalf of the Defense and ends at 3:07 p.m.
3:08 p.m. The Court orders counsel to approach for unreported sidebar and then they return to their seats.
3:09 p.m. The Court goes back on record and informs the jurors thata recess will be taken early due to
scheduling.
3:12 p.m. The Court admonishes the jurors, orders them to return at 8:45 a.m. on Monday, July 8". The
Court thanks and excuses the jurors forthe weekend recess and they exit the courtroom.
Outside the presence of the jurors, the Court places the sidebar discussion of 3:08 p.m. on record relating
to scheduling. The Court explains that counsel has assured the Court thatthey are on schedule and will
continue to work on possible stipulations, instructions,verdict forms etc.
3:14 p.m. The Court orders all parties to return at 8:20 a.m. on Monday, July 8" for continued trialand a
recess is taken.
Attachment: exhibit list
PLACER COUNTY SUPERIOR COURT
EXHIBIT LISTING
Page 1 of 2
Case Name: Anna King vs. Hyundai Motor American
Court Case No.: SCV0038637
Parties:
(A) Plaintiff (C) Joint exhibit
(B) Defense (D) Court exhibit
Exhibit Listing
No. | Pty. |Marked | Admit | Withdrawn | Not Description
Admitted
1 A 07/03/19 Document: retailinstallment sales contract,
2/19/10
2 A 07/03/19 Document: 2010 owner’s handbook & warranty
3 A | 07/03/19 Document: service history
| fan
4) A_ | 07/03/19 |Document: tech line advice |
5 | A 07/03/19 : 'Document: tech line cases |
| 6 A | 07/03/19 Document: technical services bulletin |
_ 13-01-021 |
7 A 07/03/19 Document: warranty claim history |
8 A 07/03/19 Document: repair order #81442, 7/29/10 |
9 A 07/03/19 Document: repair order #24983, 4/9/11 |
10 A 07/03/19 Document: repair order #36144, 9/23/11
11 | A | 07/03/19 Document: repair order #57524, 8/10/12
12 | A | 07/03/19 | | Document: repair order #104072, 3/22/14 |
/13 >) ~A 07/03/19 | Document: repair order #120162, 8/1/15 |
| |
14) A 07/03/19 Document: repair order #202522, 1/18/18 |
15 A 07/03/19 | |Document /photo: auxiliary screen
Counsel for the parties introducing the exhibit shall be responsible for maintenance, custody
and safekeeping of that exhibit pending any post-verdict proceedings, appeals and final
determination of the action or proceeding.
Date exhibits released: Released to (signature):
Date exhibits released: Released to (signature):
Date exhibits released: Released to (signature):
Exhibit custodian received: Released to (signature):
PLACER COUNTY SUPERIOR COURT
EXHIBIT LISTING
Page 2 of 2
Case Name: Anna King vs. Hyundai Motor American
Court Case No.: SCV0038637
Parties:
(A) Plaintiff (C) Joint exhibit
(B) Defense (D) Court exhibit
Exhibit Listing
No. | Pty. |Marked | Admit | Withdrawn Not Description
Admitted
16 A 07/03/19 Document: call center notes
A] A 07/03/19 Document: HMA rejection letter,
2/18/16
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER JURY TRIAL MINUTES Case Name: Anna King vs. Hyundai Motor America Case Number: SCV0038637 Judge: Michael W. Jones Event Date: July 3, 2019 Location: Department 3 Clerk: Kim Harding Event:_jury trial Reporter: Teresa Kenworthy Bryan Altman, Counsel for Plaintiff Chris Swanson, counsel for Plaintiff Kevin Jacobson, counsel for Plaintiff Julian Senior, counsel forDefense Sohey! Tahsildoost, counsel for Defense 8:20 a.m. The Court reconvenes forcontinued jury trialproceedings from July 2,2019. Mr. Chris Swanson, Mr. Kevin Jacobson and Mr. Bryan Altman are present on behalf of and with the Plaintiff. The Plaintiff Ms. Anna King, ispresent and seated in the courtroom. Mr. Julian Senior and Mr. Soheyl Tahsildoost are present on behalf of and with the Defendant Hyundai Motor America’s representative Ms. Zhanna Bulkina. The Court allows the parties time for setting up forcontinued trialproceedings. The Defense filestheir proposed verdict form and the Plaintiff'scounsel submits their proposed exhibits. [The Clerk notes that the exhibits are later audited and returned to Plaintiff's counsel as noted at 10:39 a.m.] The Clerk again informs counsel that ifthey wish to lodge depositions that are unsealed, they must address such with the Court. 8:36 a.m. The Court goes on record with all parties present and properly seated. The Court confirms that the parties have no issues to address. The Court informs the parties that a juror 85976 has notifiedjury services that he ishospitalized and unable to attend court session. The Court explains that the juror has been excused due to the hospitalization. The Court confirms receipt of the Defense’s proposed verdict form. The Court inquires about Plaintiff's proposed verdict form and counsel explains itwas filed,but no filingis located nor copy presented. Mr. Swanson requests to clarifythe trial schedule for next week. The Court explains that next Wednesday, July 10" will be a morning session only and that iftrialis ongoing Friday, July 12" then session will startatapproximately 1:30 p.m. The Court and counsel discuss the jury selection process and then the Court informs counsel that there is no second panel available thisweek for jury selection. However, the Court has reviewed the number of prospective jurors available and the number should be sufficient for jury selection. The Court hears no concerns from counsel. Page 2 of 7 Jury Trial July 3, 2019 SCV0038637 The Court explains that the open seats inthe jury box will remain so since counsel has already commenced voir dire. The Court explains that if itgets a jury impaneled this morning, then a recess may be taken to setup for trial,but this depends upon the time of day. The Court informs the parties that rulings on the motions in limine will be addressed shortly. 8:44 a.m. The Court takes a recess so that the Clerk may assist the prospective jurors inthe lobby area with the attendance process. 9:08 a.m. The Court reconvenes with allparties present and properly seated. The Court confirms thatthe jurors have all checked in and the proceedings are ready to continue. The Clerk informs the Court thatjuror 4,63701, has stated she now has family event concerns for next week. The Court orders the juror brought intothe courtroom anda brief recess is taken inorder to recall the prospective juror. 9:09 a.m. Juror 4, 63701, returns to the courtroom and is seated in the jury box. The Court continues with voir dire of the juror and then she is thanked and excused for hardship. 9:12 a.m. Outside the presence of alljurors, the Court outlines the hardship issue for juror 4, 63701, and no concerns are heard. The Court confirms the parties are ready to proceed and the jurors are ordered returned to the courtroom. 9:15 a.m. The Court reconvenes with all parties and prospective jurors present and properly seated. 9:15 a.m. Mr. Senior continues with voir dire of the prospective jurors from yesterday. During voir dire, several objections are heard and counsel isadmonished to not ask for advisory opinions. 9:33 a.m. Mr. Senior’s voir dire ends. 9:34 — 9:39 a.m. The Court orders counsel approach for unreported sidebar to discuss possible cause challenges and then they return to theirseats. [The Clerk notes that this sidebar discussion is placed on record at 10:34 a.m.] 9:39 a.m. The Court goes back on record and thanks and excuses the following jurors for cause not stated on record: juror 3 [654729] and juror 5 [494337]. 9:42 a.m. The Court orders the Clerk to call eight more jurors to fillthe jury box and voir dire continues. The Court orders the prospective jurors to inform the Court should there be an issue that impacts their service. 10:08 a.m. Mr. Altman commences voir dire of the prospective jurors and ends at 10:30 a.m. Page 3 of 7 Jury Trial July 3, 2019 SCV0038637 10:30 a.m. The Court admonishes thejurors, orders them to return at 10:50 a.m. and excuses them for recess, Outside the presence of the jurors, the Court confirms that Plaintiff has no issues to address. Mr. Senior requests thatPlaintiff's counsel be admonished relating to proper voir dire. The Court again explains that orders relatingto voir dire are contained inthe pretrialorders, the pretrial orders have been referenced and counsel are ordered to follow the pretrialorders. 10:34 a.m. The Court confirms that counsel have no further issues to address. 10:34 a.m. The Court places the sidebar from 9:34 a.m. on record and explains that Defense made no cause challenges. The Court explains that Plaintiff'scounsel made two cause challenges as tojurors 3 [654729] and 5 [49437] thatwere granted. The Court explains the sidebar conversation, counsel are invited to further comment and comments are heard as noted on record. The Court addresses the discussion from yesterday afternoon relating tothe demand[s] and settlement. The Court outlines that some exception was taken to the Court’s inquiry, but itisexplained that such is required under the Canon 3B(12). 10:39 a.m. The Court goes off record and a recess istaken. During recess, the Clerk returns allof Plaintiff's exhibits to counsel due to the physical exhibits not matching their proposed exhibit listing. 10:52 a.m. The Court reconvenes with allparties present and properly seated except the Plaintiff. The Court confirms counsel are ready and thejurors are ordered returned to the courtroom. 10:55 a.m. The Court reconvenes with alljurors and parties, including the Plaintiffnow present and properly seated. 10:55 a.m. The Court briefly addresses the jurors relating to Veteran’s Court. 10:57 a.m. Mr. Senior commences voir dire of the jurors and ends at 11:25 a.m. 11:25 — 11:26 a.m. The Court orders counsel toapproach for unreported sidebar discussion to address possible cause challenges and then they return to their seats. 11:27 a.m. The Court goes back on record and states that counsel pass forcause. Counsel exercise the following peremptory challenges: Defense 242265 and 239133. The Clerk notes that the Plaintiff has not exercised any peremptory challenges and Defense has exercised two peremptory challenges. 11:31 a.m. The Court inquires asto whether the twelve perspective jurors have anything that they have not brought to this Court’s attention or disclosed and no juror responds in the affirmative. Page 4 of 7 Jury Trial July 3, 2019 SCV0038637 11:32 a.m. The Court orders the following jurors placed under oath: (1) 668840, (2) 684712, (3) 659575, (4) 124178, (5) 1131, (6) 408568, (7)666059, (8) 329330, (9)716842, (10) 709121, (11) 412553, (12) 425478. 11:32 — 11:33 a.m. The Court directs counsel to approach for unreported sidebar to discuss the selection of the alternate juror. 11:33 a.m. The Court goes back on record and counsel return to their seats at counsel table. [The Clerk notes that this sidebar was placed on record at 12:07 p.m.] 11:33 a.m. The Court explains that one alternate juror will be selected today, so the jury selection process will continue. 11:35 a.m. Counsel exercise no cause challenges, Plaintiffexercises no peremptory challenge but Defense peremptory challenges juror 2602167. 11:35 a.m. The Court inquires asto whether the prospective alternate juror 90175 has anything that he has not brought to this Court’s attention and his answer isno. 11:36.a.m. The Court orders the following juror placed under oath as the alternate: 90175. 11:37 a.m. The Court thanks and excuses the balance ofthe jurors from service. 11:41 a.m. The Court directs the Clerk to pass out the sworn jurors’ identification badges and then the jurors are ordered to wear such while inand around the courthouse. The Court briefly outlines the trial schedule and explains that on Wednesday July 10" the proceedings will recess at approximately 11:45 a.m. The Court explains that there will not be an afternoon session on July 10". The Court also explains that if trialisstillin session on Friday July 12", the proceedings may not startuntil approximately 1:15 p.m. The Court hears several questions from the jurors as noted on record. 11:47 a.m. The Court admonishes the jurors, orders them to return at 1:15 p.m. today and excuses them for the lunch recess. 11:48 a.m. Outside the presence of thejury, Mr. Swanson requests to address a possible stipulation relating to exhibits. The Court reminds counsel that any stipulations are to be placed into writing and submitted for approval according to the pretrial orders. The Court again reminds counsel tofollow the pretrial orders. Mr. Swanson discusses several exhibits and then the Court reminds counsel that neither side have submitted exhibits for premarking. The Court again orders counsel to follow the pretrial orders and tocheck with the Clerk on exhibits. 11:52 a.m. The Court reviews the preliminary seriesof instructions with counsel as follows: 100, 101, 102, 104, 106, 107, 111, 112 as modified by the court, 113, 114, and 116. The Court confirms counsel have no further requests as to the preliminary instructions and that the counsel submitted 112 is withdrawn. Page 5 of 7 Jury Trial July 3, 2019 SCV0038637 The Court addresses the Plaintiffs motions in limine as follows and notes that allrulings are made without prejudice to readdress outside the presence ofthe jurors: 1) Granted 2) Withdrawn 3) Denied without prejudice as stated on record 4) Denied without prejudice as stated on record 5) Withdrawn 6) Denied 7) Denied without prejudice as stated on record 8) Withdrawn 9) Withdrawn 10) Granted without prejudice 12:00 p.m. The Court then addresses the Defense’s motion in limine: 1) Denied without prejudice based upon Plaintiffexplaining counsel will not get into it 2) No objection, granted sides in terms of Sanchez [People v. Sanchez (2016) 63 Cal. 4" 665] and its 3) Granted asto both progeny Mr. Swanson requests clarification of the ruling, discussion isheard and the request forclarification is withdrawn and counsel stateshe understands. Previously ruled upon Previously ruled upon Withdrawn Withdrawn Granted, follow the code No objection and granted No objection and granted Denied atthis time The Court explains the issue isfor the jury and that such isnot granted nor denied but based upon the facts and argument to be presented. 12) Granted and applies toboth sides 13) Withdrawn 14) Granted 15) Defer subject to evidence presentation and proper foundation 16) Granted prior 17) Denied atthis time without prejudice 18) The Court orders a §402 hearing and such must be scheduled at leastone-half hour before witness testimony. The Court asks when testimony expected and the answer is Monday or Tuesday but counsel will have better idea at end oftoday. 19) Granted and counsel explained they were not getting into thisarea anyway 12:06 p.m. Court orders allparties to return today atabout 1:05 p.m. The Court again refers counsel to the pretrial orders and the use of demonstrative items. Page 6 of 7 Jury Trial July 3, 2019 SCV0038637 12:07 p.m. The Court places the sidebar of 11:32 a.m. on record. The Court explains that counsel made no cause challenges and were unable to reach agreement on the selection of the alternative juror at sidebar. 12:08 a.m. The Court explains that afterMr. Altman completed his initialvoir dire, he stated that he “passed for cause”. The Court outlines that statement was not taken as such at that time and that the issue was discussed at sidebar as an erroneous statement at the time by Mr. Altman. 12:08 p.m. The Court confirms the parties have no issues to address and a recess istaken. 1:10 p.m. During the recess, Mr. Swanson submits the Plaintiffs exhibits 1 through 16 and 41 as described on the exhibit listinggenerated during trial. Mr. Swanson explains that Plaintiff will submit the balance of their exhibits once they verify conformity with their proposed exhibit listing. 1:15 p.m. The Court reconvenes with all parties present and properly seated except forMs. Bulkina. Ms. Bulkina is not scheduled to be present for the afternoon session today. Mr. Senior asks ifPlaintiff isgoing to being using aPowerPoint during their opening statement and the answer is no. The Court confirms the parties are ready to proceed and the jurors are ordered returned to the courtroom. 1:20 p.m. The Court reconvenes with all parties and jurors present and properly seated. 1:20 p.m. The Court greets and preinstructs the jurors. 1:50 p.m. Mr. Altman makes an opening statement on behalf of the Plaintiff and ends at 2:16 p.m. 2:16 —2:18 p.m. Mr. Altman requests to approach forunreported sidebar discussion and his request is granted and counsel approach. 2:18 p.m. The Court goes back on record and counsel return to their seats at counsel table. The Court admonishes the jurors, orders them to return in fifteen minutes and excuses them for recess. Outside the presence of the jurors, the Court places the sidebar discussion of 2:16 p.m. on record. The Court explains thatduring the opening statement, Plaintiffs associate counsel received a PowerPoint presentation from Defense. The Court explains thatDefense was intending to use the presentation during itsopening statement. At sidebar, the Court heard objection from Plaintiffs counsel relating to the Defense’s proposed use of demonstrative items in the PowerPoint presentation. The Plaintiff'scounsel explained that they did not have time to review the Defense’s email during theirown opening statement. The Court explains thatitwas concerned over the use of demonstrative items and again references the pretrial orders. The Court explains that the items which were subject to the motions in limine could have been removed and the presentation reviewed prior to now. The Court denied the request touse the PowerPoint presentation. The Court hears from counsel for the Defense that they offer to remove all demonstrative items or exhibits now. The Court declines the Defense’s request and confirms the order that the PowerPoint presentation not be used. Page 7 of 7 Jury Trial July 3, 2019 SCV0038637 2:22 p.m. The Court orders all parties to return shortly and a recess is taken. 2:27 p.m. The Court reconvenes with all parties present and properly seated as previously stated. The Court and counsel continue todiscuss the Defense’s PowerPoint issue and scheduling. 2:33 p.m. The Court orders alljurors returned tothe courtroom and a brief recess istaken. 2:39 p.m. The Court reconvenes with all jurors and parties as previously stated present and properly seated. The Court thanks the jurors forproviding their contact information to the Clerk and assures them that the information is confidential. 2:41 p.m. Mr. Tahsildoost presents the opening statement on behalf of the Defense and ends at 3:07 p.m. 3:08 p.m. The Court orders counsel to approach for unreported sidebar and then they return to their seats. 3:09 p.m. The Court goes back on record and informs the jurors thata recess will be taken early due to scheduling. 3:12 p.m. The Court admonishes the jurors, orders them to return at 8:45 a.m. on Monday, July 8". The Court thanks and excuses the jurors forthe weekend recess and they exit the courtroom. Outside the presence of the jurors, the Court places the sidebar discussion of 3:08 p.m. on record relating to scheduling. The Court explains that counsel has assured the Court thatthey are on schedule and will continue to work on possible stipulations, instructions,verdict forms etc. 3:14 p.m. The Court orders all parties to return at 8:20 a.m. on Monday, July 8" for continued trialand a recess is taken. Attachment: exhibit list PLACER COUNTY SUPERIOR COURT EXHIBIT LISTING Page 1 of 2 Case Name: Anna King vs. Hyundai Motor American Court Case No.: SCV0038637 Parties: (A) Plaintiff (C) Joint exhibit (B) Defense (D) Court exhibit Exhibit Listing No. | Pty. |Marked | Admit | Withdrawn | Not Description Admitted 1 A 07/03/19 Document: retailinstallment sales contract, 2/19/10 2 A 07/03/19 Document: 2010 owner’s handbook & warranty 3 A | 07/03/19 Document: service history | fan 4) A_ | 07/03/19 |Document: tech line advice | 5 | A 07/03/19 : 'Document: tech line cases | | 6 A | 07/03/19 Document: technical services bulletin | _ 13-01-021 | 7 A 07/03/19 Document: warranty claim history | 8 A 07/03/19 Document: repair order #81442, 7/29/10 | 9 A 07/03/19 Document: repair order #24983, 4/9/11 | 10 A 07/03/19 Document: repair order #36144, 9/23/11 11 | A | 07/03/19 Document: repair order #57524, 8/10/12 12 | A | 07/03/19 | | Document: repair order #104072, 3/22/14 | /13 >) ~A 07/03/19 | Document: repair order #120162, 8/1/15 | | | 14) A 07/03/19 Document: repair order #202522, 1/18/18 | 15 A 07/03/19 | |Document /photo: auxiliary screen Counsel for the parties introducing the exhibit shall be responsible for maintenance, custody and safekeeping of that exhibit pending any post-verdict proceedings, appeals and final determination of the action or proceeding. Date exhibits released: Released to (signature): Date exhibits released: Released to (signature): Date exhibits released: Released to (signature): Exhibit custodian received: Released to (signature): PLACER COUNTY SUPERIOR COURT EXHIBIT LISTING Page 2 of 2 Case Name: Anna King vs. Hyundai Motor American Court Case No.: SCV0038637 Parties: (A) Plaintiff (C) Joint exhibit (B) Defense (D) Court exhibit Exhibit Listing No. | Pty. |Marked | Admit | Withdrawn Not Description Admitted 16 A 07/03/19 Document: call center notes A] A 07/03/19 Document: HMA rejection letter, 2/18/16