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 11,2019
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 for Defense
8:05 a.m. The Court reconvenes for continued jury trialproceedings from July 10, 2019. The Court
allows the parties time to setup for continued proceedings.
8:06 a.m. Plaintiff's counsel filesthe following: (1) notice of motion and motion for mistrial and
disqualification; memorandum of points and authorities; declaration of Bryan C. Altman in support
thereof [note: CCP §170.1(6)(B) islocated on page 2 of the pleading, line 6], (2) declaration of Bryan C.
Altman in support of plaintiff'smotion for mistrial and disqualification.
Mr. Chris Swanson, Mr. Kevin Jacobson and Mr. Bryan Altman are present with and on behalf of the
Plaintiff. The Plaintiff Ms. Anna King, is present and seated inthe courtroom. Mr. Soheyl Tahsildoost is
present on behalf of and with the Defendant Hyundai Motor America’s representative Ms. Zhanna
Bulkina.
Counsel request to file several packets of jury instructions without pleading cover pages identifying the
submitting party. The Clerk again informs counsel that pleading cover isrequired for submissions. The
Clerk places cover sheets over each submissions: (1) packet of instructions from Defense filed at 8:14
a.m., (2) packet of instructions from Plaintifffiled at 8:19 a.m.
8:16 a.m. The Court goes on record with allparties as listed present outside the presence of the jurors.
Mr. Tahsildoost explains that Mr. Senior isin the lobby and will be in shortly, but proceedings may
continue.
8:20 a.m. Mr. Senior arrives to the courtroom and isseated atcounsel table.
The Court asks Mr. Altman what he wanted to place on record yesterday atthe end of the day. Mr.
Altman explains that he was informed yesterday that Defense would be calling two witnesses. Mr.
Altman further explains that the Defense laterinformed counsel they would be calling six witnesses. Mr.
Altman states he is not sure if the Defense’s proposed witnesses have ever been disclosed. Mr. Altman
explains that one of the proposed witnesses for Defense is Ms. King’s former husband. Mr. Altman
explains that another proposed Defense witness is Eric Sim. Mr. Altman requests that the Defense be
required to provide an offer of proof as to Mr. Sim.
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July 1 , 2019 SCV0038637
As tojury instructions, Mr. Altman explains that counsel have been in communication and thought there
was an understanding about certain jury instructions, but that does not now appear to be the case.
Mr. Altman statesthat he has filed a motion for a mistrial and disqualification. Mr. Altman explains that
he believes there is now a lack of confidence in the fairness of these proceedings. Mr. Altman requests to
present argument and his request isnot granted. The Court explains Mr. Altman may address hismotion
for mistrial, but the motion for disqualification is required to be placed into writing. The Court explains to
counsel that the motion for disqualification must be placed into writing so that such may be appropriately
addressed and the documents responded to inclusive.
8:26 a.m. Mr. Altman presents his oral argument on the motion for mistrial. Mr. Altman states his belief
that his client’srights to a fair trialhave been deprived and that the Court is hostel to Plaintiff'scounsel.
The Court asks for the reason for that comment and Mr. Altman states he can see tone and manner and the
Court appears hostel to him. The Court reminds Mr. Altman that this isthe firsttime that he has appeared
before thisCourt and that he doesn’t know thisCourt, itsdemeanor, nor itsdisposition. The Court
continues to hear argument from Mr. Altman.
8:30 a.m. Mr. Senior presents his argument on the Plaintiff'smotion formistrial. Mr. Senior explains his
belief that the Court has been fairand that counsel has been admonished only afterrepeated violations of
the orders. Mr. Senior explains that he has been intrialwith Mr. Altman twice and that in the other trial
Mr. Altman also made a motion to accuse thatjudge of bias. The Court asks what the case name is and
Mr. Senior states Marilyn West versus Hyundai Motor America in Kern County with Judge Lampe. Mr.
Senior explains his beliefthat Mr. Altman made an oral motion to recuse Judge Lampe. Mr. Senior then
adds that he isunsure whether Mr. Altman also fileda motion formistrial inthat case. Mr. Senior
explains that he cannot recall whether the motions were oral or written.
Mr. Senior addresses the issue about Mr. Lepper not viewing a video yesterday. Mr. Senior states that he
has not seen a specific instance that would give riseto Plaintiff's motion. Mr. Senior explains he believed
that the Court’s comments yesterday relating to Mr. Lepper not viewing the video were directed toward
Defense for failingto coordinate the matter.
8:32 a.m. Mr. Altman presents further argument on the motion for mistrial. Mr. Altman explains that this
is hissecond case with Mr. Senior, but that he does not recall of any instances in the Marilyn West versus
Hyundai case. Mr. Altman explains that he does not feel he has attempted to nor violated any orders. Mr.
Altman explains his belief thatthe Court has also raised itsvoice.
8:36 a.m. The Court addresses the Plaintiff's motion for mistrial and the motion is denied. The Court
explains that during Mr. Altman’s argument, there was a raising and inflection in his voice and tone. The
explains that itisnot being critical,it issimply how we speak at times. The Court outlines that it
Court
has been repeatedly asked to repeat something thathas not been heard due to the acoustics in the
courtroom. The Court outlines that ithas not raised itsvoice inanger or intemperate ly toward counsel.
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The Court explains that on day one of the
trial, parties received the Court’s pretrial orders and courtroom
conduct orders. The Court asked the parties on day one ifthere where any questions and Mr. Altman
requested additional time toreview the orders and such was granted. After the Court allowed the parties
additional time to review the pretrial orders, the Court was informed by counsel thatthey were ready to
proceed and that there were no questions. The Court outlines that the minutes for the firstday of trial
reflect thisinformation. The Court explains that ithas been very patient with counsel from both sides and
with witnesses in terms of blatant violations of the civil pretrialorders and courtroom conduct orders.
The Court generally addresses issues outside the presence of the jury, but isunable to do that due to
counsel committing repeated violations.
The Court notes thatcomments yesterday relating to counsel facial expressions were directed toward Mr.
Swanson. The Court explains that ithad to do with the continual issue of the smuggling in of hearsay
relating to the Folsom Hyundai dealership repair invoice. The Court has made itclear that counsel are not
to get into that area, yet there has been continual efforts to do so by way of smuggled in hearsay. The
Court states that counsel has made continual efforts toget the invoice into evidence. The Court outlines
counsel’s use of depositions and attempts toread back portions of lines or limited parts of lines relating to
the repair order. Again, the Court has repeatedly stated that the order is not coming into evidence.
The Court explains that Plaintiff'scounsel has made lastditch efforts to attempt to subpoena a witnesses
associated with itsallegations of criminal conduct made toward the Defense. The Court takes accusations
of criminal conduct very seriously. However, the Court repeatedly asked counsel to produce their
witnesses and to date, no such witnesses have been produced. The Court has been told by Plaintiff's
a legal assistant spoke to someone, who spoke to someone else. The Court explains that it
counsel that
essence been asked to accuse someone of committing a crime without any foundation or evidence
has in
being produced.
the courtroom conduct and decorum and Mr. Lepper’s testimony isdiscussed. The
The Court addresses
the courtroom has a camera system and observations of conduct can be observed from
Court explains that
Court explains that during the rulings on objections made by Defense, Mr. Lepper gave
the bench. The
and became animated on the witness stand. The Mr. Lepper appeared to show his
“thumbs up”
tment with the Court’s rulings while he was on the witness stand. The Court adds
excitemen t or disappoin
was admonished that a matter was not to be brought up during testimony, Mr.
that when Mr. Lepper
darn ...”about doing so during examinati on. The Court explains that since Mr. Lepper
Lepper stated “oh
times, he should know the conduct is inappropriate. The Court states that it
has been retained so many
and not comment on the actions and activities thathave taken place inthis case.
cannot sit back
8:43 a.m. The Court denies the Plaintiff's motion for a mistrial.
for disqualification, itwill be limited tothe four corners of the pleading under
8:43 a.m. As to the motion
The Court will continue with the proceedings tocontinue notwiths tanding the
case law and authority.
Court explains that the motion for disqualification will be addressed at another
motion to disqualify. The
time.
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July 11,2019 SCV0038637
8:44 a.m. The Court addresses Mr. Altman’s comments relating to the six Defense witness. Mr. Senior
explains that he is trying to schedule witnesses and there may now be three or four witnesses. The Court
asks if these witnesses were on the witness list. Mr. Senior explains that there are three services writers to
impeach Ms. King.
Mr. Senior also explains that the Defense isattempting to subpoena Ms. King’s ex-husband. The Court
asks about the Defense witness named Eric Sim who is said to be the PMK /PMQ ona specific area
relating to bulletins that are not at issue. The Court asks what the relevance isand argument is heard from
counsel as noted on record.
8:55 a.m. The Court confirms that Defense’s proposed witnesses are: three services writers, Mr. Sim and
Mr. Hughes. The Court and counsel discuss the issues of PMQ versus PMK.
8:56 a.m. The Court explains that ifMr. Sim testifies,he will be limited to the area inwhich he was
designated as PMK [PMQ] and not into the area of an expert witness. The Court then hears additional
argument as noted on record. The Court confirms that Mr. Sim will be limited to the area that he was
disclosed for purposes of the PMK / PMQ.
9:00 a.m. Mr. Senior requests clarification and he reads from a deposition. The Court does not believe it
needs to hear those areas and explains counsel should have already addressed this matter.
9:01 a.m. The Court discuses scheduling and the issue of thejurors having to possibly return next week.
9:01 a.m. Mr. Senior explains that Defense has not served Mr. King yet and the Court orders that such not
be addressed in front of the jurors.
9:02 a.m. As to the request forjudicial notice filed by Plaintiff,Mr. Altman explains that he has not seen
the Defense’s response but then all counsel confirm the response has been filed and received. The Court
reminds Mr. Altman that he had previously asked for additional time to review the Defense’s opposition
to Plaintiffs request for judicial notice. Mr. Altman explains that he does not recall but that he is happy
to proceed.
9:04 a.m. The Court confirms that counsel have no further issues to address.
9:04 a.m. The Court addresses jury instructions as outlined on record.
9:05 a.m. Mr. Tahsildoost requests to filed additional jury instructions that he indicates are color coded to
reflect the agreement or disagreement of the parties and his request isgranted.
Mr. Swanson explains counsel has miscommunicated relating to instructions 3201 and 3244, but notes
that he has now filed amended instructions this morning.
9:08 a.m. The Court and counsel discuss the proposed verdict form and counsel agreed to continue to
work on the form.
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July 11,2019 SCV0038637
9:11 a.m. The Court explains that there is not sufficient time to now address the jury instructions. The
Court orders abrief recess for the parties and for the Deputy to check on the waiting jurors.
9:12 a.m. The Court orders a recess.
9:22 a.m. The Court goes back on record with allparties present and properly seated. The Court explains
that in relation to the motion for mistrial, the Court will proceed and orders will be made a necessary.
9:22 a.m. Mr. Altman requests to address awitnesses named Mr. Hughes again and further argument is
heard. The Court asks why at this point counsel just now isbringing up the issue and Mr. Altman states
he was just reminded of this by co-counsel and that they have been engaged in trial.The Court asks again
why, since the case was filed in 2016, that the issue of the Defense expert isjust brought up and no
answer was heard.
9:25 a.m. The Court orders thejurors returned to the courtroom and a brief recess istaken.
9:26 a.m. The Court reconvenes with allparties and jurors present and properly seated.
9:27 a.m. Mr. Altman explains that the Plaintiff provisionally reststheir case subject to addressing
exhibits and legal issues.
9:27 a.m. The Defense’s case is now presented.
9:30 a.m. ERIC SIM iscalled on behalf of the Defense, placed under oath and examined on direct by Mr.
Senior.
9:48 a.m. During examination, objections are heard and Mr. Senior isadmonished to move forward with
his questioning.
10:10 a.m. Mr. Senior requests to admit exhibit 122, objection is heard and admission is granted.
10:13 a.m. Mr. Altman commences cross examination of Mr. Sim.
10:18 a.m. Mr. Altman requests to admit exhibit 5, objection isheard and admission isnot granted.
10:25 a.m. Counsel indicate they have no further questions for the witness. The Court inquires with the
jurors and one juror submits a question|s].
10:26 —10:28 a.m. Counsel approach for unreported sidebar to discuss the question[s] and then return to
their seats.
10:29 a.m. The Court goes back on record and no juror questions are read to Mr. Sim. The Clerk notes
that the juror trialquestion submitted is listedas juror trialquestion 5 and retained in the case file for
record keeping purposes. Any Court notations are placed on the front of the question for as noted.
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July 11,2019 SCV0038637
10:29 a.m. The Court admonishes thejurors, orders them to return in fifteen minutes and excuses them for
recess.
Outside the presence ofthe jury, Mr. Altman addresses concerns relating to the Defense’s next scheduled
witness Mr. Hue and argument isheard.
10:35 a.m. The Court confirms counsel have no further issues on the Mr. Hue topic.
10:35 a.m. The Court again statesthat testimony relatingto other vehicles isn’t allowed without prejudice.
10:35 a.m. Mr. Altman statesthat the Court has been consistent with itsstatements and rulings.
10:36 a.m. The Court orders arecess.
10:50 a.m. The Court reconvenes with all partiespresent and properly seated outside the presence of the
jurors. The Court orders the jurors return tothe courtroom and a brief recess is taken.
10:52 a.m. The Court reconvenes with allparties and jurors present and properly seated.
witness iswalking into the courtroom, Mr. Tahsidloost hands the Clerk azip drive he states has
As the
videos on it. Since the witness isjust walking into be sworn, the Clerk briefly explains the
various
possible proposed exhibit should have been previously addressed. The Clerk notes that itisnot clear
videos on the zip drive as associated with what exhibit number or numbers that have been
what multiple
reserved.
RAYMOND J. HUGHES iscalled on behalf of the Defense, placed under oath and examined
10:53 a.m.
on direct by Mr. Senior.
Deputy Azevedo ishanded two deposition packets thatappear to be the deposition of
During testimony,
The deposition envelopes are placed on the Clerk’s desk pending proper lodging by counsel.
Mr. Hughes.
requests to admit exhibit 132, clips 1,4, 16, 18, 19,and 20 and the Court asks
11:14 a.m. Mr. Senior
approach for sidebar discussion. The Clerk notes that exhibit 132 has not been premarked.
counsel to
Court orders counsel approach for unreported sidebar and then counsel return to
11:15 — 11:22 a.m. The
their seats.
goes back on record, counsel return to their seats and Mr. Senior continues with
11:22 a.m. The Court
examination.
counsel to approach for unreported sidebar discussion, they return to
11:22 — 11:36 a.m. The Court orders
their seats and then examination continues.
thejurors, orders them to return at 1:30 p.m. and excuses them for
11:52 a.m. The Court admonishes
recess.
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11:53 a.m. Outside the presence of the jurors, the Court orders the witness to return a few minutes prior to
the jurors and excuse him for recess.
The Court confirms that Plaintiff has not issues to address.
Mr. Senior asks what the best idea isto get the videos done over lunch.
The Court places the sidebar from 11:22 a.m. on record. The Court explains that the only medium the
courtroom has forjurors to review a video inthe jury room is acompact disk player. The Court does not
have a zip drive slot available in thejury room. The Court explains that counsel may provide a complact
disk or a scrubbed laptop foruse by the jurors inthe jury room.
Mr. Swanson explains that counsel have agreed to the verdict form.
11:57 a.m. The Court orders allparties to return at 1:10 and a recess istaken.
The Clerk reminds counsel that exhibits should be submitted individually according totheir proposed
exhibit number.
The Clerk reminds counsel that depositions are lodged with the Clerk and not the Deputy. The Defense
then confirms their request to lodge two envelopes relating to Mr. Hughes.
12:00 p.m. All parties exitthe courtroom
1:15 p.m. The Court reconvenes with allparties present except for Mr. Tahsildoost, present and properly
seated outside the presence of thejurors. Mr. Senior explains that the Defense isready to proceed without
Mr. Tahsildoost.
The Court asks of Defense has a working CD to be marked and Mr. Senior explains that Mr. Tahsildoost
ison his way back to the courthouse with exhibit materials.
1:16 p.m. The Court asks where counsel are with the proposed verdict form and Mr. Senior and Mr.
Swanson stateparties are inagreement. The Court reminds counsel that ifthey agree, then they are to
each initialon the reverse of the proposed verdict forms pages to reflect their agreement, and then submit
the form for consideration.
1:17 p.m. Mr. Swanson explains that there isdisagreement as to about a dozen instructions. 3201, 3204,
3202 Plaintiff also requests and counsel discuss
The Court directs that counsel provided the exact jury instruction numbers that the wording is in
disagreement are and they are as follows: 3201, 3204, 3241, 3242, 3243, 3244.
Mr. Swanson explains that Plaintiff wants the following instructions: 3202, 3230, 3231,
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Mr. Swanson explains that Plaintiff filed a request for 8 or 9 special jury instructions [earlier in trial]but
they have now reduced their request tojust two. The Clerk notes thatspecial instructions were filedagain
this a.m. at 8:19 a.m. for reference.
The Court asks if the Defense had any special instructions requested and Mr. Swanson assists Mr. Senior.
Mr. Senior explains that he believes the only special instruction is“D7”.
1:24 p.m. The Court and counsel discuss witness scheduling and Mr. Senior explains that Lisa Miller is
present, she was the service provider at Roseville Hyundai and her testimony will take approximately 15
minutes. Mr. Senior requests that Ms. Miller be taken out of order for scheduling purposes.
Mr. Altman explains that the Plaintiffmay callone witness in rebuttal.
1:26 p.m. Mr. Tahsildoost enters the courtroom and isseated at counsel table.
1:26 p.m. The Court asks ifcounsel have discussed the issue of the jury having to come back next week
and some jurors not being able to return. The Court hears from counsel that they have not discussed this
issue but that Mr. Altman and Mr. Senior will discuss. The Court outlines that instructions must stillbe
finalized and read to the jurors. The Court explains that itdoesn’t know if any of the jurors are able to
return next week or if we will need to continue intothe evening Friday.
1:29 p.m. The Court asks and Mr. Tahsildoost has exhibit 132 a CD marked for identification.
1:30 p.m. The Court and counsel discuss taking Ms. Miller out of order, Mr. Altman objects, argument is
heard and the request to take the witness out of order is granted.
1:31 p.m. The Court orders the jurors returned tothe courtroom.
1:32 p.m. The Court reconvenes with allparties and jurors present and properly seated.
1:32 p.m. The Court asks ifthere is anyone on the jury who would not be available to return for
deliberations next Monday. The Court asks for a showing of hands and no hands are raised. The Court
explains that the event might happen and that any return time on Monday would be flexible. The Court
requests that thejurors reflect on the issue.
1:34 p.m. The Court informs the jurors that a witness will be taken out of order.
1:35 p.m. LISA ANN MILLER iscalled on behalf of the Defense, placed under oath and examined on
direct by Mr. Senior.
1:38 p.m. Mr. Altman commences cross examination of Ms. Miller.
1:48 p.m. Mr. Senior commences redirect examination of Ms. Miller.
1:48 p.m. Mr. Altman commences recross examination of Ms. Miller.
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July 11,2019 SCV0038637
1:48 p.m. Counsel indicate they have no further questions for Ms. Miller. The Court inquires with the
jurors whether they have any questions, no questions are submitted and Ms. Miller isthanked and
excused.
1:49 p.m. The Court orders Mr. Hughes returned to the courtroom.
1:49 p.m. RAYMOND J.HUGHES returns to the witness stand, is reminded he is stillunder oath and
Mr. Senior continues with direct examination.
1:50 p.m. Mr. Senior requests exhibit 132 be admitted, no objection isheard and admission isgranted.
The Court confirms that exhibit 132 contains the following clips: 1,4, 16, 18, 19 and 20.
1:58 p.m. Mr. Altman commences cross examination of Mr. Hughes.
2:06 p.m. Mr. Altman requests to read from Mr. Hughes deposition. The Clerk states that she has
received one sealed and one unsealed deposition packet from Defense. The Court orders the sealed
deposition opened and the packet relates to exhibits. The Court reviews the unsealed envelope and itis
noted as being unbound, loose pages that relate to exhibits. After review of the submissions, the Court
explains that a deposition of Mr. Hughes has not actually been lodged. Mr. Senior and Mr. Tahsildoost
then present and unsealed deposition tothe Clerk. The Court asks ifthere are any objections tothe
unsealed deposition and the answer is no. The Court reviews the deposition and examination continues.
2:45 p.m. Mr. Altman states he has no further questions.
2:45 p.m. The Court admonishes the jurors, orders them toreturn in fifteen minutes and excused them for
recess.
the presence of the jurors, the Court discusses objections into the veracity of awitness and that a
Outside
witness may not express the veracity of another’s statement.
2:47 p.m. The Court confirms the parties have no issues to address and a recess isordered.
The Court reconvenes with all parties present and properly seated outside the presence of the
3:03 p.m.
The Court confirms the parties are ready to proceed and the jurors are ordered returned to the
jurors.
courtroom. However, prior tothe jurors entering the courtroom, Mr. Senior explains that Mr. Altman
call arebuttal witness not previously disclosed. The Court explains that the issue may be taken
intends to
up laterand the jurors are ordered returned tothe courtroom.
3:05 p.m. The Court reconvenes with allparties and jurors present and properly seated.
Mr. Hughes is seated on the witness stand, reminded he isstillunder oath and Mr. Altman
3:05 p.m.
commences recross examination.
they have no further questions for Mr. Hughes, The Court asks the jurors if
3:07 p.m. Counsel indicate
they have any questions for Mr. Hughes and no questions are submitted.
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July 11,2019 SCV0038637
3:07 p.m. Mr. Senior provisionally rests the case on behalf of the Defense.
3:07 p.m. Mr. Altman statesthat Plaintiff would liketo present a rebuttal witness Mr. Casey.
3:08 p.m. WILLIAM LOUCCHEST iscalled on behalf of the Plaintiff, placed under oath and examined
on direct by Mr. Altman.
3:14 p.m. The Court hears numerous objections and then counsel are asked to approach forunreported
sidebar.
3:14 —3:15 p.m. The Court and counsel meet at reported sidebar and then counsel return totheir seats.
3:15 p.m. The Court goes back on record and Mr. Altman continues with examination.
3:18 p.m. Mr. Senior commences cross examination of Mr. Loucchesi.
3:25 p.m. Mr. Altman commences redirect examination of Mr. Loucchesi.
3:26 p.m. Mr. Senior commences recross examination of Mr. Loucchesi.
Counsel indicate they have no further questions for Mr. Loucchesi. The Court asks the jurors if
3:27 p.m.
they have any questions, no questions are submitted and Mr. Loucchesi isthanked and excused.
3:28 p.m. Mr. Altman previously rests the case on behalf of the Plaintiff.
3:28 p.m. Mr. Senior provisionally rests the case on behalf of the Plaintiff.
The Court explains the trialschedule to the jurors and outlines that the jurors will be excused
3:29 p.m.
for an early recess today.
The Court orders alljurors to return at 1:15 p.m. tomorrow for continued proceedings.
jurors, orders them to return at 1:15 p.m. tomorrow and excuses them for the
The Court admonishes the
evening recess.
the presence of thejurors, the Court and counsel discuss exhibits without objection.
3:31 p.m. Outside
notes that allexhibits are confirmed as reflected on the attached exhibit listing.
The Clerk
if counsel have any other issues to address with exhibits and the answer isno.
3:45 p.m. The Court asks
the Plaintiff's request for judicial notice filedon July 8:2019 and
3:45 p.m. The Court addresses
on July 9, 2019. The Court hears argumen t from Mr. Swanson and Mr.
opposition filed by Defense
Senior as noted on record.
objection and itdeclines to take judicial notice. The Court also explains
3:49 p.m. The Court sustains the
are not relevant to thiscase and may cause confusion with thejurors.
that under EC §352, the dates
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July 11,2019 SCV0038637
3:50 p.m. The Court addresses the Courts exhibit 2 and asks Mr. Jacobson ifthere isany more
information on this subpoena topic and the answer isno. The Court explains that ithas given counsel
every opportunity on their [Plaintiff's]allegation of criminal conduct against counsel [Defense] and
Plaintiff has not produced any witnesses. The Court explains thatno witness has been produced relating
to the accused criminal conduct alleged by Plaintiff.
3:51 p.m. The Court asks ifcounsel have completed their proposed verdict form and Mr. Swanson states
that counsel are just finishing that up and need a moment.
3:51 — 3:53 p.m. The Court allows counsel time toreview theirjointly proposed verdict form.
3:53 p.m. Counsel state they have agreed on the verdict form and are ready to proceed. Mr. Swanson asks
ifcounsel issupposed to initialon the form and the Court reminds counsel that initialsshould go on the
reverse of each page. The Court allows counsel time to again review the form and initialon the reverse of
each page.
3:56 p.m. Mr. Tahsildoost submits the jointly proposed verdict form. The Court addresses the verdict
form that ison Defense counsel’s office pleading header, states “Defendant’s Hyundai Motor America’s
Special Verdict Form, with a signature page by counsel on 5 and a proof of services on page 6.
The Court orders counsel to provide a verdict form without the additional information so that such may be
use by the jurors. The Court orders counsel to provide the final verdict form tomorrow. The Clerk
memorializes thissubmission under coversheet with the time of 3:56 p.m.
4:00 p.m. The Court addresses the proposed jury instructions as outlined on record. The Court hears
argument from Mr. Swanson and Mr. Senior as noted on record. The Court will review the submitted
instructions.
4:10 p.m. Mr. Senior motions for anon-suit as to the civil penalty and argument is heard from Mr.
Altman.
4:12 p.m. The motion for non-suit istaken under submission.
4:12 p.m. Mr. Swanson asks for clarification as to when the rulings might be on the instructions. Mr.
Swanson explains thatcounsel will need a bitof time tocomplete any amendments that the Court may
order. The Court thanks counsel and the instruction issues are confirmed submitted.
The Court asks counsel for time estimates on theirclosing argument. Mr. Altman states one hour and
fifteen minutes for the first and probably 20 minutes for rebuttal. Mr. Senior explains that he expects the
Defense’s closing argument tobe approximately 30 to 45 minutes.
4:16 p.m. The Court orders allparties to return at 1:00 p.m. tomorrow for continued proceedings and a
recess istaken.
4:25 p.m. All parties exitthe courtroom and the courtroom issecured for the evening recess.
Attachment: exhibit list— final
PLACER COUNTY SUPERIOR COURT
EXHIBIT LISTING
Page 1 of 10
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 07/08/19 Document: retail installment sales contract,
2/19/10
2 A 07/03/19 07/08/19 Document: 2010 owner’s handbook & warranty
3 A 07/03/19 07/11/19 Document: service history
4 A 07/03/19 07/11/19 Document: tech line advice
5 A 07/03/19 07/11/19 Document: tech line cases
6 A 07/03/19 07/11/19 Document: technical services bulletin
13-01-021
7 A 07/03/19 07/11/19 Document: warranty claim history
8 A 07/03/19 07/11/19 Document: repair order #81442, 7/29/10
9 A 07/03/19 07/08/19 07/11/19 Document: repair order #24983, 4/9/11
page | balance
10 A 07/03/19 07/08/19 07/11/19 Document: repair order #36144, 9/23/11
page 1,2 balance
11 A 07/03/19 07/08/19 07/11/19 Document: repair order #57524, 8/10/12
page 2, 3 balance
12 A 07/03/19 07/08/19 07/11/19 Document: repair order #104072, 3/22/14
page 1,2 balance
13 A 07/03/19 07/11/19 Document: repair order #120162, 8/1/15
14 A 07/03/19 07/11/19 Document: repair order #202522, 1/18/18
15 A 07/03/19 07/11/19 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 10
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 07/10/19 07/11/19 Document: call center notes
page 11 balance
17 A 07/08/19 07/11/19 Document: flow chart
18 A 07/08/19 07/11/19 Document: Brake Buster #220 invoice #9228
19 A 07/08/19 07/11/19 Document: Brake Masters #220, invoice
#24565, 12/4/17
20 A 07/08/19 07/11/19 Document: Citrus Heights Smog invoice
21 A 07//08/19 07/11/19
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 11,2019 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 for Defense 8:05 a.m. The Court reconvenes for continued jury trialproceedings from July 10, 2019. The Court allows the parties time to setup for continued proceedings. 8:06 a.m. Plaintiff's counsel filesthe following: (1) notice of motion and motion for mistrial and disqualification; memorandum of points and authorities; declaration of Bryan C. Altman in support thereof [note: CCP §170.1(6)(B) islocated on page 2 of the pleading, line 6], (2) declaration of Bryan C. Altman in support of plaintiff'smotion for mistrial and disqualification. Mr. Chris Swanson, Mr. Kevin Jacobson and Mr. Bryan Altman are present with and on behalf of the Plaintiff. The Plaintiff Ms. Anna King, is present and seated inthe courtroom. Mr. Soheyl Tahsildoost is present on behalf of and with the Defendant Hyundai Motor America’s representative Ms. Zhanna Bulkina. Counsel request to file several packets of jury instructions without pleading cover pages identifying the submitting party. The Clerk again informs counsel that pleading cover isrequired for submissions. The Clerk places cover sheets over each submissions: (1) packet of instructions from Defense filed at 8:14 a.m., (2) packet of instructions from Plaintifffiled at 8:19 a.m. 8:16 a.m. The Court goes on record with allparties as listed present outside the presence of the jurors. Mr. Tahsildoost explains that Mr. Senior isin the lobby and will be in shortly, but proceedings may continue. 8:20 a.m. Mr. Senior arrives to the courtroom and isseated atcounsel table. The Court asks Mr. Altman what he wanted to place on record yesterday atthe end of the day. Mr. Altman explains that he was informed yesterday that Defense would be calling two witnesses. Mr. Altman further explains that the Defense laterinformed counsel they would be calling six witnesses. Mr. Altman states he is not sure if the Defense’s proposed witnesses have ever been disclosed. Mr. Altman explains that one of the proposed witnesses for Defense is Ms. King’s former husband. Mr. Altman explains that another proposed Defense witness is Eric Sim. Mr. Altman requests that the Defense be required to provide an offer of proof as to Mr. Sim. Page 2 of xx Jury Trial July 1 , 2019 SCV0038637 As tojury instructions, Mr. Altman explains that counsel have been in communication and thought there was an understanding about certain jury instructions, but that does not now appear to be the case. Mr. Altman statesthat he has filed a motion for a mistrial and disqualification. Mr. Altman explains that he believes there is now a lack of confidence in the fairness of these proceedings. Mr. Altman requests to present argument and his request isnot granted. The Court explains Mr. Altman may address hismotion for mistrial, but the motion for disqualification is required to be placed into writing. The Court explains to counsel that the motion for disqualification must be placed into writing so that such may be appropriately addressed and the documents responded to inclusive. 8:26 a.m. Mr. Altman presents his oral argument on the motion for mistrial. Mr. Altman states his belief that his client’srights to a fair trialhave been deprived and that the Court is hostel to Plaintiff'scounsel. The Court asks for the reason for that comment and Mr. Altman states he can see tone and manner and the Court appears hostel to him. The Court reminds Mr. Altman that this isthe firsttime that he has appeared before thisCourt and that he doesn’t know thisCourt, itsdemeanor, nor itsdisposition. The Court continues to hear argument from Mr. Altman. 8:30 a.m. Mr. Senior presents his argument on the Plaintiff'smotion formistrial. Mr. Senior explains his belief that the Court has been fairand that counsel has been admonished only afterrepeated violations of the orders. Mr. Senior explains that he has been intrialwith Mr. Altman twice and that in the other trial Mr. Altman also made a motion to accuse thatjudge of bias. The Court asks what the case name is and Mr. Senior states Marilyn West versus Hyundai Motor America in Kern County with Judge Lampe. Mr. Senior explains his beliefthat Mr. Altman made an oral motion to recuse Judge Lampe. Mr. Senior then adds that he isunsure whether Mr. Altman also fileda motion formistrial inthat case. Mr. Senior explains that he cannot recall whether the motions were oral or written. Mr. Senior addresses the issue about Mr. Lepper not viewing a video yesterday. Mr. Senior states that he has not seen a specific instance that would give riseto Plaintiff's motion. Mr. Senior explains he believed that the Court’s comments yesterday relating to Mr. Lepper not viewing the video were directed toward Defense for failingto coordinate the matter. 8:32 a.m. Mr. Altman presents further argument on the motion for mistrial. Mr. Altman explains that this is hissecond case with Mr. Senior, but that he does not recall of any instances in the Marilyn West versus Hyundai case. Mr. Altman explains that he does not feel he has attempted to nor violated any orders. Mr. Altman explains his belief thatthe Court has also raised itsvoice. 8:36 a.m. The Court addresses the Plaintiff's motion for mistrial and the motion is denied. The Court explains that during Mr. Altman’s argument, there was a raising and inflection in his voice and tone. The explains that itisnot being critical,it issimply how we speak at times. The Court outlines that it Court has been repeatedly asked to repeat something thathas not been heard due to the acoustics in the courtroom. The Court outlines that ithas not raised itsvoice inanger or intemperate ly toward counsel. Page 3 of xx Jury Trial July 11,2019 SCV0038637 The Court explains that on day one of the trial, parties received the Court’s pretrial orders and courtroom conduct orders. The Court asked the parties on day one ifthere where any questions and Mr. Altman requested additional time toreview the orders and such was granted. After the Court allowed the parties additional time to review the pretrial orders, the Court was informed by counsel thatthey were ready to proceed and that there were no questions. The Court outlines that the minutes for the firstday of trial reflect thisinformation. The Court explains that ithas been very patient with counsel from both sides and with witnesses in terms of blatant violations of the civil pretrialorders and courtroom conduct orders. The Court generally addresses issues outside the presence of the jury, but isunable to do that due to counsel committing repeated violations. The Court notes thatcomments yesterday relating to counsel facial expressions were directed toward Mr. Swanson. The Court explains that ithad to do with the continual issue of the smuggling in of hearsay relating to the Folsom Hyundai dealership repair invoice. The Court has made itclear that counsel are not to get into that area, yet there has been continual efforts to do so by way of smuggled in hearsay. The Court states that counsel has made continual efforts toget the invoice into evidence. The Court outlines counsel’s use of depositions and attempts toread back portions of lines or limited parts of lines relating to the repair order. Again, the Court has repeatedly stated that the order is not coming into evidence. The Court explains that Plaintiff'scounsel has made lastditch efforts to attempt to subpoena a witnesses associated with itsallegations of criminal conduct made toward the Defense. The Court takes accusations of criminal conduct very seriously. However, the Court repeatedly asked counsel to produce their witnesses and to date, no such witnesses have been produced. The Court has been told by Plaintiff's a legal assistant spoke to someone, who spoke to someone else. The Court explains that it counsel that essence been asked to accuse someone of committing a crime without any foundation or evidence has in being produced. the courtroom conduct and decorum and Mr. Lepper’s testimony isdiscussed. The The Court addresses the courtroom has a camera system and observations of conduct can be observed from Court explains that Court explains that during the rulings on objections made by Defense, Mr. Lepper gave the bench. The and became animated on the witness stand. The Mr. Lepper appeared to show his “thumbs up” tment with the Court’s rulings while he was on the witness stand. The Court adds excitemen t or disappoin was admonished that a matter was not to be brought up during testimony, Mr. that when Mr. Lepper darn ...”about doing so during examinati on. The Court explains that since Mr. Lepper Lepper stated “oh times, he should know the conduct is inappropriate. The Court states that it has been retained so many and not comment on the actions and activities thathave taken place inthis case. cannot sit back 8:43 a.m. The Court denies the Plaintiff's motion for a mistrial. for disqualification, itwill be limited tothe four corners of the pleading under 8:43 a.m. As to the motion The Court will continue with the proceedings tocontinue notwiths tanding the case law and authority. Court explains that the motion for disqualification will be addressed at another motion to disqualify. The time. Page 4 of xx Jury Trial July 11,2019 SCV0038637 8:44 a.m. The Court addresses Mr. Altman’s comments relating to the six Defense witness. Mr. Senior explains that he is trying to schedule witnesses and there may now be three or four witnesses. The Court asks if these witnesses were on the witness list. Mr. Senior explains that there are three services writers to impeach Ms. King. Mr. Senior also explains that the Defense isattempting to subpoena Ms. King’s ex-husband. The Court asks about the Defense witness named Eric Sim who is said to be the PMK /PMQ ona specific area relating to bulletins that are not at issue. The Court asks what the relevance isand argument is heard from counsel as noted on record. 8:55 a.m. The Court confirms that Defense’s proposed witnesses are: three services writers, Mr. Sim and Mr. Hughes. The Court and counsel discuss the issues of PMQ versus PMK. 8:56 a.m. The Court explains that ifMr. Sim testifies,he will be limited to the area inwhich he was designated as PMK [PMQ] and not into the area of an expert witness. The Court then hears additional argument as noted on record. The Court confirms that Mr. Sim will be limited to the area that he was disclosed for purposes of the PMK / PMQ. 9:00 a.m. Mr. Senior requests clarification and he reads from a deposition. The Court does not believe it needs to hear those areas and explains counsel should have already addressed this matter. 9:01 a.m. The Court discuses scheduling and the issue of thejurors having to possibly return next week. 9:01 a.m. Mr. Senior explains that Defense has not served Mr. King yet and the Court orders that such not be addressed in front of the jurors. 9:02 a.m. As to the request forjudicial notice filed by Plaintiff,Mr. Altman explains that he has not seen the Defense’s response but then all counsel confirm the response has been filed and received. The Court reminds Mr. Altman that he had previously asked for additional time to review the Defense’s opposition to Plaintiffs request for judicial notice. Mr. Altman explains that he does not recall but that he is happy to proceed. 9:04 a.m. The Court confirms that counsel have no further issues to address. 9:04 a.m. The Court addresses jury instructions as outlined on record. 9:05 a.m. Mr. Tahsildoost requests to filed additional jury instructions that he indicates are color coded to reflect the agreement or disagreement of the parties and his request isgranted. Mr. Swanson explains counsel has miscommunicated relating to instructions 3201 and 3244, but notes that he has now filed amended instructions this morning. 9:08 a.m. The Court and counsel discuss the proposed verdict form and counsel agreed to continue to work on the form. Page 5 of xx Jury Trial July 11,2019 SCV0038637 9:11 a.m. The Court explains that there is not sufficient time to now address the jury instructions. The Court orders abrief recess for the parties and for the Deputy to check on the waiting jurors. 9:12 a.m. The Court orders a recess. 9:22 a.m. The Court goes back on record with allparties present and properly seated. The Court explains that in relation to the motion for mistrial, the Court will proceed and orders will be made a necessary. 9:22 a.m. Mr. Altman requests to address awitnesses named Mr. Hughes again and further argument is heard. The Court asks why at this point counsel just now isbringing up the issue and Mr. Altman states he was just reminded of this by co-counsel and that they have been engaged in trial.The Court asks again why, since the case was filed in 2016, that the issue of the Defense expert isjust brought up and no answer was heard. 9:25 a.m. The Court orders thejurors returned to the courtroom and a brief recess istaken. 9:26 a.m. The Court reconvenes with allparties and jurors present and properly seated. 9:27 a.m. Mr. Altman explains that the Plaintiff provisionally reststheir case subject to addressing exhibits and legal issues. 9:27 a.m. The Defense’s case is now presented. 9:30 a.m. ERIC SIM iscalled on behalf of the Defense, placed under oath and examined on direct by Mr. Senior. 9:48 a.m. During examination, objections are heard and Mr. Senior isadmonished to move forward with his questioning. 10:10 a.m. Mr. Senior requests to admit exhibit 122, objection is heard and admission is granted. 10:13 a.m. Mr. Altman commences cross examination of Mr. Sim. 10:18 a.m. Mr. Altman requests to admit exhibit 5, objection isheard and admission isnot granted. 10:25 a.m. Counsel indicate they have no further questions for the witness. The Court inquires with the jurors and one juror submits a question|s]. 10:26 —10:28 a.m. Counsel approach for unreported sidebar to discuss the question[s] and then return to their seats. 10:29 a.m. The Court goes back on record and no juror questions are read to Mr. Sim. The Clerk notes that the juror trialquestion submitted is listedas juror trialquestion 5 and retained in the case file for record keeping purposes. Any Court notations are placed on the front of the question for as noted. Page 6 of xx Jury Trial July 11,2019 SCV0038637 10:29 a.m. The Court admonishes thejurors, orders them to return in fifteen minutes and excuses them for recess. Outside the presence ofthe jury, Mr. Altman addresses concerns relating to the Defense’s next scheduled witness Mr. Hue and argument isheard. 10:35 a.m. The Court confirms counsel have no further issues on the Mr. Hue topic. 10:35 a.m. The Court again statesthat testimony relatingto other vehicles isn’t allowed without prejudice. 10:35 a.m. Mr. Altman statesthat the Court has been consistent with itsstatements and rulings. 10:36 a.m. The Court orders arecess. 10:50 a.m. The Court reconvenes with all partiespresent and properly seated outside the presence of the jurors. The Court orders the jurors return tothe courtroom and a brief recess is taken. 10:52 a.m. The Court reconvenes with allparties and jurors present and properly seated. witness iswalking into the courtroom, Mr. Tahsidloost hands the Clerk azip drive he states has As the videos on it. Since the witness isjust walking into be sworn, the Clerk briefly explains the various possible proposed exhibit should have been previously addressed. The Clerk notes that itisnot clear videos on the zip drive as associated with what exhibit number or numbers that have been what multiple reserved. RAYMOND J. HUGHES iscalled on behalf of the Defense, placed under oath and examined 10:53 a.m. on direct by Mr. Senior. Deputy Azevedo ishanded two deposition packets thatappear to be the deposition of During testimony, The deposition envelopes are placed on the Clerk’s desk pending proper lodging by counsel. Mr. Hughes. requests to admit exhibit 132, clips 1,4, 16, 18, 19,and 20 and the Court asks 11:14 a.m. Mr. Senior approach for sidebar discussion. The Clerk notes that exhibit 132 has not been premarked. counsel to Court orders counsel approach for unreported sidebar and then counsel return to 11:15 — 11:22 a.m. The their seats. goes back on record, counsel return to their seats and Mr. Senior continues with 11:22 a.m. The Court examination. counsel to approach for unreported sidebar discussion, they return to 11:22 — 11:36 a.m. The Court orders their seats and then examination continues. thejurors, orders them to return at 1:30 p.m. and excuses them for 11:52 a.m. The Court admonishes recess. Page 7 of xx Jury Trial July 11,2019 SCV0038637 11:53 a.m. Outside the presence of the jurors, the Court orders the witness to return a few minutes prior to the jurors and excuse him for recess. The Court confirms that Plaintiff has not issues to address. Mr. Senior asks what the best idea isto get the videos done over lunch. The Court places the sidebar from 11:22 a.m. on record. The Court explains that the only medium the courtroom has forjurors to review a video inthe jury room is acompact disk player. The Court does not have a zip drive slot available in thejury room. The Court explains that counsel may provide a complact disk or a scrubbed laptop foruse by the jurors inthe jury room. Mr. Swanson explains that counsel have agreed to the verdict form. 11:57 a.m. The Court orders allparties to return at 1:10 and a recess istaken. The Clerk reminds counsel that exhibits should be submitted individually according totheir proposed exhibit number. The Clerk reminds counsel that depositions are lodged with the Clerk and not the Deputy. The Defense then confirms their request to lodge two envelopes relating to Mr. Hughes. 12:00 p.m. All parties exitthe courtroom 1:15 p.m. The Court reconvenes with allparties present except for Mr. Tahsildoost, present and properly seated outside the presence of thejurors. Mr. Senior explains that the Defense isready to proceed without Mr. Tahsildoost. The Court asks of Defense has a working CD to be marked and Mr. Senior explains that Mr. Tahsildoost ison his way back to the courthouse with exhibit materials. 1:16 p.m. The Court asks where counsel are with the proposed verdict form and Mr. Senior and Mr. Swanson stateparties are inagreement. The Court reminds counsel that ifthey agree, then they are to each initialon the reverse of the proposed verdict forms pages to reflect their agreement, and then submit the form for consideration. 1:17 p.m. Mr. Swanson explains that there isdisagreement as to about a dozen instructions. 3201, 3204, 3202 Plaintiff also requests and counsel discuss The Court directs that counsel provided the exact jury instruction numbers that the wording is in disagreement are and they are as follows: 3201, 3204, 3241, 3242, 3243, 3244. Mr. Swanson explains that Plaintiff wants the following instructions: 3202, 3230, 3231, Page 8 of xx Jury Trial July 11,2019 SCV0038637 Mr. Swanson explains that Plaintiff filed a request for 8 or 9 special jury instructions [earlier in trial]but they have now reduced their request tojust two. The Clerk notes thatspecial instructions were filedagain this a.m. at 8:19 a.m. for reference. The Court asks if the Defense had any special instructions requested and Mr. Swanson assists Mr. Senior. Mr. Senior explains that he believes the only special instruction is“D7”. 1:24 p.m. The Court and counsel discuss witness scheduling and Mr. Senior explains that Lisa Miller is present, she was the service provider at Roseville Hyundai and her testimony will take approximately 15 minutes. Mr. Senior requests that Ms. Miller be taken out of order for scheduling purposes. Mr. Altman explains that the Plaintiffmay callone witness in rebuttal. 1:26 p.m. Mr. Tahsildoost enters the courtroom and isseated at counsel table. 1:26 p.m. The Court asks ifcounsel have discussed the issue of the jury having to come back next week and some jurors not being able to return. The Court hears from counsel that they have not discussed this issue but that Mr. Altman and Mr. Senior will discuss. The Court outlines that instructions must stillbe finalized and read to the jurors. The Court explains that itdoesn’t know if any of the jurors are able to return next week or if we will need to continue intothe evening Friday. 1:29 p.m. The Court asks and Mr. Tahsildoost has exhibit 132 a CD marked for identification. 1:30 p.m. The Court and counsel discuss taking Ms. Miller out of order, Mr. Altman objects, argument is heard and the request to take the witness out of order is granted. 1:31 p.m. The Court orders the jurors returned tothe courtroom. 1:32 p.m. The Court reconvenes with allparties and jurors present and properly seated. 1:32 p.m. The Court asks ifthere is anyone on the jury who would not be available to return for deliberations next Monday. The Court asks for a showing of hands and no hands are raised. The Court explains that the event might happen and that any return time on Monday would be flexible. The Court requests that thejurors reflect on the issue. 1:34 p.m. The Court informs the jurors that a witness will be taken out of order. 1:35 p.m. LISA ANN MILLER iscalled on behalf of the Defense, placed under oath and examined on direct by Mr. Senior. 1:38 p.m. Mr. Altman commences cross examination of Ms. Miller. 1:48 p.m. Mr. Senior commences redirect examination of Ms. Miller. 1:48 p.m. Mr. Altman commences recross examination of Ms. Miller. Page 9 of xx Jury Trial July 11,2019 SCV0038637 1:48 p.m. Counsel indicate they have no further questions for Ms. Miller. The Court inquires with the jurors whether they have any questions, no questions are submitted and Ms. Miller isthanked and excused. 1:49 p.m. The Court orders Mr. Hughes returned to the courtroom. 1:49 p.m. RAYMOND J.HUGHES returns to the witness stand, is reminded he is stillunder oath and Mr. Senior continues with direct examination. 1:50 p.m. Mr. Senior requests exhibit 132 be admitted, no objection isheard and admission isgranted. The Court confirms that exhibit 132 contains the following clips: 1,4, 16, 18, 19 and 20. 1:58 p.m. Mr. Altman commences cross examination of Mr. Hughes. 2:06 p.m. Mr. Altman requests to read from Mr. Hughes deposition. The Clerk states that she has received one sealed and one unsealed deposition packet from Defense. The Court orders the sealed deposition opened and the packet relates to exhibits. The Court reviews the unsealed envelope and itis noted as being unbound, loose pages that relate to exhibits. After review of the submissions, the Court explains that a deposition of Mr. Hughes has not actually been lodged. Mr. Senior and Mr. Tahsildoost then present and unsealed deposition tothe Clerk. The Court asks ifthere are any objections tothe unsealed deposition and the answer is no. The Court reviews the deposition and examination continues. 2:45 p.m. Mr. Altman states he has no further questions. 2:45 p.m. The Court admonishes the jurors, orders them toreturn in fifteen minutes and excused them for recess. the presence of the jurors, the Court discusses objections into the veracity of awitness and that a Outside witness may not express the veracity of another’s statement. 2:47 p.m. The Court confirms the parties have no issues to address and a recess isordered. The Court reconvenes with all parties present and properly seated outside the presence of the 3:03 p.m. The Court confirms the parties are ready to proceed and the jurors are ordered returned to the jurors. courtroom. However, prior tothe jurors entering the courtroom, Mr. Senior explains that Mr. Altman call arebuttal witness not previously disclosed. The Court explains that the issue may be taken intends to up laterand the jurors are ordered returned tothe courtroom. 3:05 p.m. The Court reconvenes with allparties and jurors present and properly seated. Mr. Hughes is seated on the witness stand, reminded he isstillunder oath and Mr. Altman 3:05 p.m. commences recross examination. they have no further questions for Mr. Hughes, The Court asks the jurors if 3:07 p.m. Counsel indicate they have any questions for Mr. Hughes and no questions are submitted. Page 10 of xx Jury Trial July 11,2019 SCV0038637 3:07 p.m. Mr. Senior provisionally rests the case on behalf of the Defense. 3:07 p.m. Mr. Altman statesthat Plaintiff would liketo present a rebuttal witness Mr. Casey. 3:08 p.m. WILLIAM LOUCCHEST iscalled on behalf of the Plaintiff, placed under oath and examined on direct by Mr. Altman. 3:14 p.m. The Court hears numerous objections and then counsel are asked to approach forunreported sidebar. 3:14 —3:15 p.m. The Court and counsel meet at reported sidebar and then counsel return totheir seats. 3:15 p.m. The Court goes back on record and Mr. Altman continues with examination. 3:18 p.m. Mr. Senior commences cross examination of Mr. Loucchesi. 3:25 p.m. Mr. Altman commences redirect examination of Mr. Loucchesi. 3:26 p.m. Mr. Senior commences recross examination of Mr. Loucchesi. Counsel indicate they have no further questions for Mr. Loucchesi. The Court asks the jurors if 3:27 p.m. they have any questions, no questions are submitted and Mr. Loucchesi isthanked and excused. 3:28 p.m. Mr. Altman previously rests the case on behalf of the Plaintiff. 3:28 p.m. Mr. Senior provisionally rests the case on behalf of the Plaintiff. The Court explains the trialschedule to the jurors and outlines that the jurors will be excused 3:29 p.m. for an early recess today. The Court orders alljurors to return at 1:15 p.m. tomorrow for continued proceedings. jurors, orders them to return at 1:15 p.m. tomorrow and excuses them for the The Court admonishes the evening recess. the presence of thejurors, the Court and counsel discuss exhibits without objection. 3:31 p.m. Outside notes that allexhibits are confirmed as reflected on the attached exhibit listing. The Clerk if counsel have any other issues to address with exhibits and the answer isno. 3:45 p.m. The Court asks the Plaintiff's request for judicial notice filedon July 8:2019 and 3:45 p.m. The Court addresses on July 9, 2019. The Court hears argumen t from Mr. Swanson and Mr. opposition filed by Defense Senior as noted on record. objection and itdeclines to take judicial notice. The Court also explains 3:49 p.m. The Court sustains the are not relevant to thiscase and may cause confusion with thejurors. that under EC §352, the dates Page 11 of xx Jury Trial July 11,2019 SCV0038637 3:50 p.m. The Court addresses the Courts exhibit 2 and asks Mr. Jacobson ifthere isany more information on this subpoena topic and the answer isno. The Court explains that ithas given counsel every opportunity on their [Plaintiff's]allegation of criminal conduct against counsel [Defense] and Plaintiff has not produced any witnesses. The Court explains thatno witness has been produced relating to the accused criminal conduct alleged by Plaintiff. 3:51 p.m. The Court asks ifcounsel have completed their proposed verdict form and Mr. Swanson states that counsel are just finishing that up and need a moment. 3:51 — 3:53 p.m. The Court allows counsel time toreview theirjointly proposed verdict form. 3:53 p.m. Counsel state they have agreed on the verdict form and are ready to proceed. Mr. Swanson asks ifcounsel issupposed to initialon the form and the Court reminds counsel that initialsshould go on the reverse of each page. The Court allows counsel time to again review the form and initialon the reverse of each page. 3:56 p.m. Mr. Tahsildoost submits the jointly proposed verdict form. The Court addresses the verdict form that ison Defense counsel’s office pleading header, states “Defendant’s Hyundai Motor America’s Special Verdict Form, with a signature page by counsel on 5 and a proof of services on page 6. The Court orders counsel to provide a verdict form without the additional information so that such may be use by the jurors. The Court orders counsel to provide the final verdict form tomorrow. The Clerk memorializes thissubmission under coversheet with the time of 3:56 p.m. 4:00 p.m. The Court addresses the proposed jury instructions as outlined on record. The Court hears argument from Mr. Swanson and Mr. Senior as noted on record. The Court will review the submitted instructions. 4:10 p.m. Mr. Senior motions for anon-suit as to the civil penalty and argument is heard from Mr. Altman. 4:12 p.m. The motion for non-suit istaken under submission. 4:12 p.m. Mr. Swanson asks for clarification as to when the rulings might be on the instructions. Mr. Swanson explains thatcounsel will need a bitof time tocomplete any amendments that the Court may order. The Court thanks counsel and the instruction issues are confirmed submitted. The Court asks counsel for time estimates on theirclosing argument. Mr. Altman states one hour and fifteen minutes for the first and probably 20 minutes for rebuttal. Mr. Senior explains that he expects the Defense’s closing argument tobe approximately 30 to 45 minutes. 4:16 p.m. The Court orders allparties to return at 1:00 p.m. tomorrow for continued proceedings and a recess istaken. 4:25 p.m. All parties exitthe courtroom and the courtroom issecured for the evening recess. Attachment: exhibit list— final PLACER COUNTY SUPERIOR COURT EXHIBIT LISTING Page 1 of 10 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 07/08/19 Document: retail installment sales contract, 2/19/10 2 A 07/03/19 07/08/19 Document: 2010 owner’s handbook & warranty 3 A 07/03/19 07/11/19 Document: service history 4 A 07/03/19 07/11/19 Document: tech line advice 5 A 07/03/19 07/11/19 Document: tech line cases 6 A 07/03/19 07/11/19 Document: technical services bulletin 13-01-021 7 A 07/03/19 07/11/19 Document: warranty claim history 8 A 07/03/19 07/11/19 Document: repair order #81442, 7/29/10 9 A 07/03/19 07/08/19 07/11/19 Document: repair order #24983, 4/9/11 page | balance 10 A 07/03/19 07/08/19 07/11/19 Document: repair order #36144, 9/23/11 page 1,2 balance 11 A 07/03/19 07/08/19 07/11/19 Document: repair order #57524, 8/10/12 page 2, 3 balance 12 A 07/03/19 07/08/19 07/11/19 Document: repair order #104072, 3/22/14 page 1,2 balance 13 A 07/03/19 07/11/19 Document: repair order #120162, 8/1/15 14 A 07/03/19 07/11/19 Document: repair order #202522, 1/18/18 15 A 07/03/19 07/11/19 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 10 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 07/10/19 07/11/19 Document: call center notes page 11 balance 17 A 07/08/19 07/11/19 Document: flow chart 18 A 07/08/19 07/11/19 Document: Brake Buster #220 invoice #9228 19 A 07/08/19 07/11/19 Document: Brake Masters #220, invoice #24565, 12/4/17 20 A 07/08/19 07/11/19 Document: Citrus Heights Smog invoice 21 A 07//08/19 07/11/19