On October 28, 2016 a
Minutes - Civil -
was filed
involving a dispute between
Anna King,
and
Hyundai Motor America,
for civil
in the District Court of Placer County.
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 10, 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 for Defense Soheyl Tahsildoost, counsel forDefense
8:05 a.m. The Court reconvenes for continued jury trial proceedings from July 9, 2019. The Court allows
counsel time to setup for continued proceedings.
The Clerk provides counsel with copies of the jurors’ trialquestion forms as ordered yesterday. The
Clerk notes that counsel are be provided with future copies of the jurors’ trial questions as proceedings
continue.
Mr. Chris Swanson, Mr. Kevin Jacobson and Mr. Bryan Altman are all present with and on behalf of the
Plaintiff. The Plaintiff Ms. Anna King, is present and seated inthe courtroom. Mr. Julian Senior and Mr.
Soheyl Tahsildoost are present on behalf ofand with the Defendant Hyundai Motor America’s
representative Ms. Zhanna Bulkina.
8:14 a.m. The Court reconvenes on record with all parties as listedabove present and properly seated
outside the presence of the jury.
The Court asks if counsel are stillin disagreement relating to the deposition transcript issue from
yesterday. The Court hears argument from counsel and there is still
disagreement. Mr. Senior explains
that he asked to see all of the depositions that Mr. Altman is proposing to use, but he has only been
allowed to review one. Mr. Senior explains that even ifthe depositions were certified, those depositions
are said to pertain to different cases. Mr. Senior statesthat the Defense isnot going to agree to the use of
depositions from other cases in this case. The Court asks ifthe other cases involve a 2010 Tucson
Hyundai and Mr. Altman statesthat he isnot sure. The Court and counsel discuss a PMK versus a PMQ
as noted on record. The Court explains a concern iswhether the transcripts are sealed and then argument
continues. Mr. Senior requests to obtain copies of allthe transcripts thatPlaintiff is asking to utilize. The
Court explains that Plaintiffhas about an hour leftfor Ms. Zielomski and how counsel chooses to use that
time isup tothem.
8:24 p.m. The Court again references the pretrial orders relating to time management and courtroom
decorum. The Court directs counsel to ask the witnesses questions in order toget to the issues of trial.
The Court explains to counsel that ifthe issue of impeachment comes up, then the impeachment issue
may be addressed at the appropriate time. The Court orders counsel to not bring these matters up in front
of the jury and ifthese issues actually even arise, then counsel may address such again outside the
presence of the jurors.
Page 2 of 5 Jury Trial
July 10 2019 SCV0038637
8:25 a.m. Mr. Altman addresses the Plaintiff'svideo again and Mr. Tahsildoost’s comments to thejury
relating to late discovery. Mr. Altman defers to Mr. Swanson and Mr. Swanson explains the Plaintiff's
position of when they received discovery requests from Defense. Mr. Swanson outlines that during
examination, Mr. Tahsildoost indicated Defense had made a recent discovery request but that does not
appear to be the case. Mr. Swanson adds that the Plaintiff was deposed for about and hour last night.
Mr. Swanson explains that Plaintiff isnot requesting anything at thistime. Mr. Altman explains thathe
would liketo know the answer tothe Defense’s statement in front of the jury about their request for
supplemental discovery. The Court continues to hear argument from counsel and then they switch
subjects to the Plaintiffs vehicle and inspection.
Mr. Senior explains that Plaintiff declined to allow the Defense to inspect the vehicle.
Mr. Senior objects to the use of the Plaintiffs video and argument is heard.
The Court orders that counsel not enter into any of these areas in front of the jurors.
8:36 a.m. The Court orders Ms. Zielomski into the courtroom and she is seated on the witness stand. The
Court orders the jurors returned to the courtroom and a brief recess is taken.
8:38 a.m. The Court reconvenes with all parties and jurors present and properly seated.
8:38 am. SANDY ZIELOMSKI is seated on the witness stand, reminded she is still
under oath and Mr.
Altman continues with direct examination from yesterday.
During examination, the Court hears objection from Mr. Senior and Mr. Altman isadmonished to move
forward with questioning relating tothis case.
8:39 a.m. The Court again hears objections from Defense and Mr. Altman isagain admonished to move
forward with questions relating to this case.
8:40 a.m. Mr. Altman requests to approach for sidebar conversation and his request is deferred to
addressing outside the presence of the jurors.
8:47 a.m. Mr. Altman request to admit exhibit 16, startingat page 11 and the Court asks forclarification
as to the exact page numbers. Mr. Altman explains that he is requesting to admit pages 11 through 27 and
objection is heard. Mr. Senior states a hearsay objection, explains that he can identify such ifexamination
was to continue and then examination continues.
8:49 a.m. Mr. Altman again requests to admit exhibit 16 startingat page 11 and objection isheard. The
Court grants the admission of exhibit 16 page 11 but the balance ofthe request is not granted.
8:58 a.m. The Court hears objections from Mr. Senior and Mr. Altman is admonished toquestion the
witness and stop the editorials.
Page 3 of 5 Jury Trial
July 10 2019 SCV0038637
9:14 a.m. The Court again asks Mr. Altman toplease ask questions before trying to impeach the witness.
9:16 a.m. The Court hears multiple objections and responses from counsel and then counsel are ordered to
stop their statements. The Court explains to counsel that itwill manage the courtroom proceedings.
9:17 a.m. The Court orders the jurors toreturn infifteen minutes and a recess istaken.
9:30 a.m. The Court reconvenes with allparties present and properly seated outside the presence of the
jurors. The Court orders Ms. Zielomski to return to the witness stand. The Court orders the jurors to
return to be returned to the courtroom and a brief recess is taken.
9:32 a.m. The Court reconvenes with allparties and jurors present and properly seated.
9:32 a.m. Ms. Zielomski isseated on the witness stand and reminded she isstillunder oath.
9:32 a.m. The Court addresses Mr. Altman’s request to read from Ms. Zielomski’s deposition atpage 52
line 3 to 22. The Court explains that objection was heard and is sustained.
9:33 a.m. Mr. Altman continues with the directexamination of Ms. Zielomski.
9:41 a.m. Mr. Altman requests to read from a deposition pursuant to §2025 and his request is denied. The
Court again reminds Mr. Altman of the pretrialorders relating to courtroom conduct and examination
continues.
9:43 a.m. Mr. Altman requests to admit exhibit 43, no objection isheard and admission isgranted.
9:51 a.m. Mr. Altman explains that he has completed his examination except for a sidebar request. The
Court acknowledges Mr. Altman’s request for sidebar to be addressed outside the presence ofthe jurors.
9:52 a.m. Mr. Senior commences cross examination of Ms. Zielomski.
During examination, multiple objections are heard and Mr. Senior is admonished to move forward with
the questioning of the witness.
10:21 a.m. Mr. Senior requests exhibit 119 be admitted, Mr. Altman requests time to review the exhibit
and Mr. Altman’s request isgranted.
10:23 a.m. After review, the Court hears objection from Mr. Altman as toMr. Senior’s request to admit
exhibit 119. The Court grants the admission of exhibit 119 over objection.
10:45 a.m. Mr. Senior requests to admit exhibit 130, objection isheard and admission isdenied.
10:47 a.m. The Court admonishes Mr. Senior to move along with his questioning ofthe witness.
Page 4 of 5 Jury Trial
July 10 2019 SCV0038637
10:48 a.m. Mr. Senior’s cross examination ends.
10:48 a.m. The Court admonishes thejurors, orders them to return at 11:10 a.m. and excuses them for
recess.
Outside the presence ofthe jurors, the Court orders Ms. Zielomski to return shortly before thejurors and
she is thanked and excused.
The Court addresses Mr. Altman’s request for sidebar [8:40 a.m. and 9:51 a.m.] relating to the request to
use Ms. Zielomski’s deposition testimony from other cases. Mr. Altman defers to Mr. Swanson on the
issue. Mr. Swanson addresses Mr. Altman’s request to read part ofMs. Zielomski’s transcript during
examination. Mr. Swanson explains his request to question Ms. Zielomski and further objection isheard
from Mr. Senior. After argument, the Court continues to sustain the Defense objection.
Mr. Altman addresses objections over Ms. Zielomski appearing, the vehicle inspection, and moves to
compel as outlined on record.
Mr. Altman asks the Court why they are getting disparaging treatment and explains that he isunclear
what the parameters are and thathe does not understand the distinctions.
The Court asks counsel if there are any additional matters to address.
Mr. Altman explains that they also want to address the issue with the dealership subpoena.
Mr. Altman again requests to address his request to read portions of transcripts from Ms. Zielomski’s
depositions. The Court explains that the issue has already been ruled upon.
The Court confirms Mr. Altman has no other issues to address
11:00 a.m. The Court states that ishas not engaged in disparaging treatment, the Court has ruled as
necessary and the record isclear.
11:00 a.m. The Court addresses the dealership subpoena issue that Mr. Altman requested to again address.
The Court confirms that the request relates to the previously marked Court’s exhibit 2. Mr. Jacobson asks
Defense ifanyone isgoing to come totestify and discussion isheard. The Court explains that from what
has been presented, there has not been personal service. Mr. Jacobson expresses concern as noted on
record. The Court again statesthat there is no proof of personal service for trial.
11:02 a.m. The Court orders arecess.
11:13 a.m. The Court reconvenes with all parties present and properly seated outside the presence of the
jury. The Court orders Ms. Zielomski returned to the courtroom and seated on the witness stand. The
Court and counsel discuss scheduling, Mr. Altman states he has a few issues to address and then Plaintiff
will rest their case. Mr. Senior explains that Defense has two witnesses and that he will be working on
the time estimate.
Page 5 of 5 Jury Trial
July 10 2019 SCV0038637
The Court orders the jurors returned to the courtroom and a brief recess is taken.
11:15 a.m. The Court reconvenes with allparties and jurors present and properly seated.
11:15 a.m. Ms. Zielomski is seated on the witness stand, reminded she is still
under oath and Mr. Altman
commences redirect examination.
11:30 a.m. During testimony and objections, the Court orders that NHTSA Standards outside of the time
period in thiscase are irrelevant and then examine continues.
11:42 a.m. After multiple objections and rulings, the Court explains itmay now control the mode of
examination.
11:42 a.m. Mr. Altman states he has no further questions for the witness.
11:42 a.m. Mr. Senior commences recross examination of Ms. Zielomski and ends at 11:44 a.m.
11:44 a.m. Mr. Altman commences redirect examination, objection isheard, ruled upon and no further
questions asked.
11:44 a.m. The Court confirms counsel have no further questions for Ms. Zielomski. The Court inquires
with thejurors and confirms that they have no questions for Ms. Zielomski. The Court thanks and excuses
Mr. Zielomski and she exitsthe courtroom.
11:45 a.m. The Court admonishes thejurors, orders them to return at 9:15 a.m. tomorrow, July 11" and
excuses them for the evening recess.
11:46 a.m. Outside the presence of thejurors, the Court orders the parties to return at 8:00 a.m. tomorrow
for continued trial. The Court orders counsel to provide the clean set ofjury instructions as previously
requested for tomorrow morning. The Court explains thatjury instructions will be addressed tomorrow.
11:47 a.m. Mr. Altman states he would like to make a record on several things. The Court explains that
the issues may be addressed tomorrow morning. The Court reminds counsel of the previously disclosed
appointment that the Court has today and requirement to recess in order to make the appointment.
11:47 a.m. The Court orders arecess.
12:00 p.m. All parties exit the courtroom and the courtroom is secured for the evening recess.
Document Filed Date
July 10, 2019
Case Filing Date
October 28, 2016
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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 10, 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 for Defense Soheyl Tahsildoost, counsel forDefense 8:05 a.m. The Court reconvenes for continued jury trial proceedings from July 9, 2019. The Court allows counsel time to setup for continued proceedings. The Clerk provides counsel with copies of the jurors’ trialquestion forms as ordered yesterday. The Clerk notes that counsel are be provided with future copies of the jurors’ trial questions as proceedings continue. Mr. Chris Swanson, Mr. Kevin Jacobson and Mr. Bryan Altman are all present with and on behalf of the Plaintiff. The Plaintiff Ms. Anna King, is present and seated inthe courtroom. Mr. Julian Senior and Mr. Soheyl Tahsildoost are present on behalf ofand with the Defendant Hyundai Motor America’s representative Ms. Zhanna Bulkina. 8:14 a.m. The Court reconvenes on record with all parties as listedabove present and properly seated outside the presence of the jury. The Court asks if counsel are stillin disagreement relating to the deposition transcript issue from yesterday. The Court hears argument from counsel and there is still disagreement. Mr. Senior explains that he asked to see all of the depositions that Mr. Altman is proposing to use, but he has only been allowed to review one. Mr. Senior explains that even ifthe depositions were certified, those depositions are said to pertain to different cases. Mr. Senior statesthat the Defense isnot going to agree to the use of depositions from other cases in this case. The Court asks ifthe other cases involve a 2010 Tucson Hyundai and Mr. Altman statesthat he isnot sure. The Court and counsel discuss a PMK versus a PMQ as noted on record. The Court explains a concern iswhether the transcripts are sealed and then argument continues. Mr. Senior requests to obtain copies of allthe transcripts thatPlaintiff is asking to utilize. The Court explains that Plaintiffhas about an hour leftfor Ms. Zielomski and how counsel chooses to use that time isup tothem. 8:24 p.m. The Court again references the pretrial orders relating to time management and courtroom decorum. The Court directs counsel to ask the witnesses questions in order toget to the issues of trial. The Court explains to counsel that ifthe issue of impeachment comes up, then the impeachment issue may be addressed at the appropriate time. The Court orders counsel to not bring these matters up in front of the jury and ifthese issues actually even arise, then counsel may address such again outside the presence of the jurors. Page 2 of 5 Jury Trial July 10 2019 SCV0038637 8:25 a.m. Mr. Altman addresses the Plaintiff'svideo again and Mr. Tahsildoost’s comments to thejury relating to late discovery. Mr. Altman defers to Mr. Swanson and Mr. Swanson explains the Plaintiff's position of when they received discovery requests from Defense. Mr. Swanson outlines that during examination, Mr. Tahsildoost indicated Defense had made a recent discovery request but that does not appear to be the case. Mr. Swanson adds that the Plaintiff was deposed for about and hour last night. Mr. Swanson explains that Plaintiff isnot requesting anything at thistime. Mr. Altman explains thathe would liketo know the answer tothe Defense’s statement in front of the jury about their request for supplemental discovery. The Court continues to hear argument from counsel and then they switch subjects to the Plaintiffs vehicle and inspection. Mr. Senior explains that Plaintiff declined to allow the Defense to inspect the vehicle. Mr. Senior objects to the use of the Plaintiffs video and argument is heard. The Court orders that counsel not enter into any of these areas in front of the jurors. 8:36 a.m. The Court orders Ms. Zielomski into the courtroom and she is seated on the witness stand. The Court orders the jurors returned to the courtroom and a brief recess is taken. 8:38 a.m. The Court reconvenes with all parties and jurors present and properly seated. 8:38 am. SANDY ZIELOMSKI is seated on the witness stand, reminded she is still under oath and Mr. Altman continues with direct examination from yesterday. During examination, the Court hears objection from Mr. Senior and Mr. Altman isadmonished to move forward with questioning relating tothis case. 8:39 a.m. The Court again hears objections from Defense and Mr. Altman isagain admonished to move forward with questions relating to this case. 8:40 a.m. Mr. Altman requests to approach for sidebar conversation and his request is deferred to addressing outside the presence of the jurors. 8:47 a.m. Mr. Altman request to admit exhibit 16, startingat page 11 and the Court asks forclarification as to the exact page numbers. Mr. Altman explains that he is requesting to admit pages 11 through 27 and objection is heard. Mr. Senior states a hearsay objection, explains that he can identify such ifexamination was to continue and then examination continues. 8:49 a.m. Mr. Altman again requests to admit exhibit 16 startingat page 11 and objection isheard. The Court grants the admission of exhibit 16 page 11 but the balance ofthe request is not granted. 8:58 a.m. The Court hears objections from Mr. Senior and Mr. Altman is admonished toquestion the witness and stop the editorials. Page 3 of 5 Jury Trial July 10 2019 SCV0038637 9:14 a.m. The Court again asks Mr. Altman toplease ask questions before trying to impeach the witness. 9:16 a.m. The Court hears multiple objections and responses from counsel and then counsel are ordered to stop their statements. The Court explains to counsel that itwill manage the courtroom proceedings. 9:17 a.m. The Court orders the jurors toreturn infifteen minutes and a recess istaken. 9:30 a.m. The Court reconvenes with allparties present and properly seated outside the presence of the jurors. The Court orders Ms. Zielomski to return to the witness stand. The Court orders the jurors to return to be returned to the courtroom and a brief recess is taken. 9:32 a.m. The Court reconvenes with allparties and jurors present and properly seated. 9:32 a.m. Ms. Zielomski isseated on the witness stand and reminded she isstillunder oath. 9:32 a.m. The Court addresses Mr. Altman’s request to read from Ms. Zielomski’s deposition atpage 52 line 3 to 22. The Court explains that objection was heard and is sustained. 9:33 a.m. Mr. Altman continues with the directexamination of Ms. Zielomski. 9:41 a.m. Mr. Altman requests to read from a deposition pursuant to §2025 and his request is denied. The Court again reminds Mr. Altman of the pretrialorders relating to courtroom conduct and examination continues. 9:43 a.m. Mr. Altman requests to admit exhibit 43, no objection isheard and admission isgranted. 9:51 a.m. Mr. Altman explains that he has completed his examination except for a sidebar request. The Court acknowledges Mr. Altman’s request for sidebar to be addressed outside the presence ofthe jurors. 9:52 a.m. Mr. Senior commences cross examination of Ms. Zielomski. During examination, multiple objections are heard and Mr. Senior is admonished to move forward with the questioning of the witness. 10:21 a.m. Mr. Senior requests exhibit 119 be admitted, Mr. Altman requests time to review the exhibit and Mr. Altman’s request isgranted. 10:23 a.m. After review, the Court hears objection from Mr. Altman as toMr. Senior’s request to admit exhibit 119. The Court grants the admission of exhibit 119 over objection. 10:45 a.m. Mr. Senior requests to admit exhibit 130, objection isheard and admission isdenied. 10:47 a.m. The Court admonishes Mr. Senior to move along with his questioning ofthe witness. Page 4 of 5 Jury Trial July 10 2019 SCV0038637 10:48 a.m. Mr. Senior’s cross examination ends. 10:48 a.m. The Court admonishes thejurors, orders them to return at 11:10 a.m. and excuses them for recess. Outside the presence ofthe jurors, the Court orders Ms. Zielomski to return shortly before thejurors and she is thanked and excused. The Court addresses Mr. Altman’s request for sidebar [8:40 a.m. and 9:51 a.m.] relating to the request to use Ms. Zielomski’s deposition testimony from other cases. Mr. Altman defers to Mr. Swanson on the issue. Mr. Swanson addresses Mr. Altman’s request to read part ofMs. Zielomski’s transcript during examination. Mr. Swanson explains his request to question Ms. Zielomski and further objection isheard from Mr. Senior. After argument, the Court continues to sustain the Defense objection. Mr. Altman addresses objections over Ms. Zielomski appearing, the vehicle inspection, and moves to compel as outlined on record. Mr. Altman asks the Court why they are getting disparaging treatment and explains that he isunclear what the parameters are and thathe does not understand the distinctions. The Court asks counsel if there are any additional matters to address. Mr. Altman explains that they also want to address the issue with the dealership subpoena. Mr. Altman again requests to address his request to read portions of transcripts from Ms. Zielomski’s depositions. The Court explains that the issue has already been ruled upon. The Court confirms Mr. Altman has no other issues to address 11:00 a.m. The Court states that ishas not engaged in disparaging treatment, the Court has ruled as necessary and the record isclear. 11:00 a.m. The Court addresses the dealership subpoena issue that Mr. Altman requested to again address. The Court confirms that the request relates to the previously marked Court’s exhibit 2. Mr. Jacobson asks Defense ifanyone isgoing to come totestify and discussion isheard. The Court explains that from what has been presented, there has not been personal service. Mr. Jacobson expresses concern as noted on record. The Court again statesthat there is no proof of personal service for trial. 11:02 a.m. The Court orders arecess. 11:13 a.m. The Court reconvenes with all parties present and properly seated outside the presence of the jury. The Court orders Ms. Zielomski returned to the courtroom and seated on the witness stand. The Court and counsel discuss scheduling, Mr. Altman states he has a few issues to address and then Plaintiff will rest their case. Mr. Senior explains that Defense has two witnesses and that he will be working on the time estimate. Page 5 of 5 Jury Trial July 10 2019 SCV0038637 The Court orders the jurors returned to the courtroom and a brief recess is taken. 11:15 a.m. The Court reconvenes with allparties and jurors present and properly seated. 11:15 a.m. Ms. Zielomski is seated on the witness stand, reminded she is still under oath and Mr. Altman commences redirect examination. 11:30 a.m. During testimony and objections, the Court orders that NHTSA Standards outside of the time period in thiscase are irrelevant and then examine continues. 11:42 a.m. After multiple objections and rulings, the Court explains itmay now control the mode of examination. 11:42 a.m. Mr. Altman states he has no further questions for the witness. 11:42 a.m. Mr. Senior commences recross examination of Ms. Zielomski and ends at 11:44 a.m. 11:44 a.m. Mr. Altman commences redirect examination, objection isheard, ruled upon and no further questions asked. 11:44 a.m. The Court confirms counsel have no further questions for Ms. Zielomski. The Court inquires with thejurors and confirms that they have no questions for Ms. Zielomski. The Court thanks and excuses Mr. Zielomski and she exitsthe courtroom. 11:45 a.m. The Court admonishes thejurors, orders them to return at 9:15 a.m. tomorrow, July 11" and excuses them for the evening recess. 11:46 a.m. Outside the presence of thejurors, the Court orders the parties to return at 8:00 a.m. tomorrow for continued trial. The Court orders counsel to provide the clean set ofjury instructions as previously requested for tomorrow morning. The Court explains thatjury instructions will be addressed tomorrow. 11:47 a.m. Mr. Altman states he would like to make a record on several things. The Court explains that the issues may be addressed tomorrow morning. The Court reminds counsel of the previously disclosed appointment that the Court has today and requirement to recess in order to make the appointment. 11:47 a.m. The Court orders arecess. 12:00 p.m. All parties exit the courtroom and the courtroom is secured for the evening recess.