1 NAKASE LAW FIRM, INC. Brad Nakase, Esq. (SBN: 236226) 2 2221 Camino Del Rio South, Suite 300 3 San Diego, California 92108 T | (619) 550-1321 4 [email protected]
5 Attorney for Plaintiff Cuc Le
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN DIEGO, CENTRAL DIVISION 10
11 CUC LE, an individual, ) UNLIMITED CIVIL CASE ) 12 ) Plaintiff, ) Case No.: 37-2019-00019958-CU-PO-CTL 13 ) v. ) SUPPLEMENTAL DECLARATION OF 14 ) BRAD NAKASE IN SUPPORT OF
) PLAINTIFF CUC LE’S MOTION TO SF SAN DIEGO, INC. dba SF ) 15 COMPEL DEFENDANT SF SAN DIEGO, SUPERMARKET and DOES 1 TO 50, ) ) INC.’S PRODUCTION OF 16 ) SURVEILLANCE VIDEOS Defendants. 17 ) ) Dept.: C-69 18 Judge: Hon. Katherine Bacal 19 Date: September 11, 2020 Time: 11:00 a.m. 20 /./././ 21
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28 -1- LE V. SF SAN DIEGO INC. Case No.: 37-2019-00019958-CU-PO-CTL Supplemental Declaration of Brad Nakase in Support of Plaintiff Cuc Le’s Motion to Compel Defendant SF San Diego, Inc.’s Production of Surveillance Videos
1 2 I, Brad Nakase, state and declare as follows: 3 1. I am over 18 years old and not a party to the case. 4 2. I am licensed attorney in California. I am plaintiff Cuc Le’s attorney. 5 3. I have personal knowledge of the facts stated herein and if called to testify, I will 6 do so. 7 4. I attended and took the deposition of defendant SF San Diego Inc.’s party 8 affiliated witnesses Margie Wong, and Huy Trieu. I ordered deposition transcript and received it. 9 A true and correct copy of the transcript for Margie Wong’s and Huy Trieu’s deposition at 10 attached here as Attachment A and Attachment B, respectively. 11 5. On March 12, 2020, I attended the defendant SF San Diego Inc.’s Ex Parte 12 hearing to shorten time for evidentiary sanction motion. A true and correct copy of the court 13 reporter’s transcript that I ordered and received is attached as Attachment C. 14 15 I declare under penalty of perjury under the laws of the State of California that the foregoing 16 is true and correct. 17 18 Executed: June 26, 2020, in San Diego, California 19 20 ______21 Brad Nakase 22 23 24 25 26 27
28 -2- LE V. SF SAN DIEGO INC. Case No.: 37-2019-00019958-CU-PO-CTL Supplemental Declaration of Brad Nakase in Support of Plaintiff Cuc Le’s Motion to Compel Defendant SF San Diego, Inc.’s Production of Surveillance Videos
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTACHMENT A
28 -3- LE V. SF SAN DIEGO INC. Case No.: 37-2019-00019958-CU-PO-CTL Supplemental Declaration of Brad Nakase in Support of Plaintiff Cuc Le’s Motion to Compel Defendant SF San Diego, Inc.’s Production of Surveillance Videos
·1· · · · · ·SUPERIOR COURT OF THE STATE OF CALIFORNIA
·2· · · · · · ·COUNTY OF SAN DIEGO - CENTRAL DIVISION
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·4 · · ·CUC LE, an individual,· · · · ) ·5· · · · · · · · · · · · · · · · ·) · · · · · · · · · ·Plaintiff,· · · ) ·6· · · · · · · · · · · · · · · · ·) · · · · · · ·vs.· · · · · · · · · ·) Case No. 37-2019- ·7· · · · · · · · · · · · · · · · ·) 00019958-CU-PO-CTL · · ·SF SAN DIEGO, INC. dba SF· · ·) ·8· ·SUPERMARKET and DOES 1 to 50, ) · · · · · · · · · · · · · · · · · ·) ·9· · · · · · · · ·Defendants.· · ·) · · · · · · · · · · · · · · · · · ·) 10· ·______)
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14 · · · · · · · · · · · VIDEOTAPED DEPOSITION OF 15 · · · · · · · · · · · · · · MARGIE WONG 16 · · · · · · · · · · · ·SAN DIEGO, CALIFORNIA 17 · · · · · · · · · · ·WEDNESDAY, JANUARY 8, 2020 18
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23 · · ·Reported by: 24· ·SHELLY M. BERRY · · ·CSR NO. 9896 25· ·NO. 20-87129 ·1· · · · · ·SUPERIOR COURT OF THE STATE OF CALIFORNIA
·2· · · · · · ·COUNTY OF SAN DIEGO - CENTRAL DIVISION
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·4 · · ·CUC LE, an individual,· · · · ) ·5· · · · · · · · · · · · · · · · ·) · · · · · · · · · ·Plaintiff,· · · ) ·6· · · · · · · · · · · · · · · · ·) · · · · · · ·vs.· · · · · · · · · ·) Case No. 37-2019- ·7· · · · · · · · · · · · · · · · ·) 00019958-CU-PO-CTL · · ·SF SAN DIEGO, INC. dba SF· · ·) ·8· ·SUPERMARKET and DOES 1 to 50, ) · · · · · · · · · · · · · · · · · ·) ·9· · · · · · · · ·Defendants.· · ·) · · · · · · · · · · · · · · · · · ·) 10· ·______)
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19· · · · · · VIDEOTAPED DEPOSITION OF MARGIE WONG, taken at
20· ·2221 Camino Del Rio South, Suite 300, San Diego,
21· ·California, on Wednesday, January 8, 2020, at 8:47 a.m.
22· ·before Shelly M. Berry, Certified Shorthand Reporter, in
23· ·and for the State of California.
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25 ·1· ·Appearances:
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·3· ·For Plaintiff:
·4 · · · · · · · NAKASE LAW CORPORATION ·5· · · · · · BY:· BRAD NAKASE, ESQ. · · · · · · · 2221 Camino Del Rio South, Suite 300 ·6· · · · · · San Diego, California 92108 · · · · · · · 619.550.1321 ·7· · · · · · [email protected]
·8· ·For Defendants:
·9· · · · · · BREMER WHYTE BROWN & O'MEARA LLP · · · · · · · BY:· SCOTT D. HOY, ESQ. 10· · · · · · 501 West Broadway, Suite 1700 · · · · · · · San Diego, California 92101 11· · · · · · 619.236.0048 · · · · · · · [email protected] 12 · · ·Also Present: 13 · · · · · · · SCOTT TANAKA, VIDEOGRAPHER 14
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25 ·1· · · · · · · · · · · · · · ·INDEX
·2· ·WITNESS: MARGIE WONG
·3 · · ·EXAMINATION· · · · · · · · · · · · · · · · · · · · · PAGE ·4 · · ·By Mr. Nakase· · · · · · · · · · · · · · · · · · · · · ·7 ·5
·6 · · · · · · ·QUESTIONS WITNESS INSTRUCTED NOT TO ANSWER ·7 · · · · · · · · · · · · · · PAGE· · LINE ·8 · · · · · · · · · · · · · · 219· · · ·3 ·9· · · · · · · · · · · · · 219· · · 25 · · · · · · · · · · · · · · 220· · · 10 10· · · · · · · · · · · · · 375· · · ·8 · · · · · · · · · · · · · · 375· · · 17 11· · · · · · · · · · · · · 378· · · 17
12 · · · · · · · · · · · · ·TRANSCRIPT MARKED 13 · · · · · · · · · · · · · ·PAGE· · ·LINE 14 · · · · · · · · · · · · · · 19· · · ·24 15· · · · · · · · · · · · · 90· · · ·11 · · · · · · · · · · · · · ·105· · · ·23 16· · · · · · · · · · · · ·152· · · · 5 · · · · · · · · · · · · · ·155· · · ·11 17· · · · · · · · · · · · ·220· · · · 8 · · · · · · · · · · · · · ·225· · · ·12 18· · · · · · · · · · · · ·232· · · ·13 · · · · · · · · · · · · · ·264· · · · 4 19
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25 ·1· · · · · · · · · · · ·INDEX TO EXHIBITS
·2· ·EXHIBITS· · · · · · · · · · · · · · · · · · · · · ·MARKED
·3· ·Exhibit 1· · ·Articles of Incorporation· · · · · · · ·136
·4· ·Exhibit 6· · ·Secretary of State Statement· · · · · · 137 · · · · · · · · · ·of Information ·5 · · ·Exhibit 13· · Standard Business Property Lease· · · · 139 ·6 · · ·Exhibit 14· · Report of Customer Accident· · · · · · ·139 ·7 · · ·Exhibit 15· · Inspection Log, 5/2/2017· · · · · · · · 152 ·8 · · ·Exhibit 24· · Photographs of store· · · · · · · · · · 299 ·9 · · ·Exhibit 25· · Photographs of Cuc Le· · · · · · · · · ·236 10 · · ·Exhibit 28· · SF San Diego Inc. dba SF· · · · · · · · 363 11· · · · · · · · ·Supermarket's Responses to Requests · · · · · · · · · ·for Admission, Set One 12 · · ·Exhibit 29· · SF San Diego Inc. dba SF· · · · · · · · 365 13· · · · · · · · ·Supermarket's Responses to Form · · · · · · · · · ·Interrogatories, Set One 14 · · ·Exhibit 30· · SF San Diego Inc. dba SF· · · · · · · · 368 15· · · · · · · · ·Supermarket's Responses to Requests · · · · · · · · · ·for Production of Documents and 16· · · · · · · · ·Tangible Things, Set One
17· ·Exhibit 31· · SF San Diego Inc. dba SF· · · · · · · · 369 · · · · · · · · · ·Supermarket's Responses to Special 18· · · · · · · · ·Interrogatories, Set One
19· ·Exhibit 41· · Video clips from supermarket· · · · · · 337
20· ·Exhibit 41· · Amended Notice of Deposition of· · · · · 90 · · · · · · · · · ·Party SF San Diego Inc.'s Affiliated 21· · · · · · · · ·Witness Margie Wong and Request · · · · · · · · · ·for Production of Documents 22 · · ·Exhibit 42· · Trial Brief of Defendant Shun· · · · · · 22 23· · · · · · · · ·Fat Supermarket, Inc.
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25 ·1· · · · · ·WEDNESDAY, JANUARY 8, 2020, 8:47 A.M. ·2· · · · · · · · · ·SAN DIEGO, CALIFORNIA ·3 ·4· · · · · · THE VIDEOGRAPHER:· Good morning.· Here ·5· ·begins Media Number 1 in the video-recorded ·6· ·deposition of Margie Wong.· This case is the matter ·7· ·of C-u-c, L-e versus SF San Diego, Incorporated. ·8· · · · · · This case is in the Superior Court, State of ·9· ·California, County of San Diego.· The case number is 10· ·37-2019-00019958-CU-PO-CTL. 11· · · · · · Today's date is January 8th, 2020.· The time 12· ·is 8:47 a.m. 13· · · · · · This deposition is taking place at 2221 14· ·Camino Del Rio South, Suite 300, San Diego, 15· ·California 92108. 16· · · · · · The videographer is Scott Tanaka appearing 17· ·on behalf of The Sullivan Group of Court Reporters. 18· · · · · · Would counsel please identify themselves and 19· ·state whom you represent. 20· · · · · · MR. NAKASE:· Brad Nakase for Plaintiff Cuc 21· ·Le. 22· · · · · · MR. HOY:· Scott Hoy for defendants, all 23· ·defendants. 24· · · · · · THE VIDEOGRAPHER:· The reporter today is 25· ·Shelly Berry also with The Sullivan Group of Court ·1· ·Reporters. ·2· · · · · · Would you please swear in the witness. ·3 ·4· · · · · · · · · · · · MARGIE WONG, ·5· · having been first duly sworn, testified as follows: ·6 ·7· · · · · · · · · · · · EXAMINATION ·8· ·BY MR. NAKASE: ·9· · · ·Q· · Good morning. 10· · · ·A· · Morning. 11· · · ·Q· · How are you this morning? 12· · · ·A· · Good. 13· · · ·Q· · Good? 14· · · ·A· · (Witness nods head.) 15· · · ·Q· · Could you tell us your name, please? 16· · · ·A· · Margie Wong.· Sorry.· Margie Wong. 17· · · ·Q· · Okay.· And did -- the court reporter who is 18· ·sitting to your right just swore you in. 19· · · ·A· · Yes. 20· · · ·Q· · And she asked you if you're going to testify 21· ·under penalty of perjury? 22· · · ·A· · Yes. 23· · · ·Q· · And you agree to testify under penalty of 24· ·perjury here today? 25· · · ·A· · Yes. ·1· · · ·Q· · And you agree to tell the truth? ·2· · · ·A· · Yes. ·3· · · ·Q· · We're going to have to invite you to speak ·4· ·up a little bit because I think that eventually ·5· ·someone's going to -- especially the court reporter, ·6· ·she needs to hear everything that you're ·7· ·articulating. ·8· · · · · · So will you agree to that? ·9· · · ·A· · Yes. 10· · · ·Q· · Okay.· Thank you. 11· · · · · · You understand that we're in an informal 12· ·setting and your testimony here today is given under 13· ·oath? 14· · · ·A· · Yes. 15· · · ·Q· · And your testimony here has the same effect 16· ·as though you're testifying in court in front of a 17· ·jury? 18· · · ·A· · Yes. 19· · · ·Q· · Have you taken any medication that would 20· ·impair your ability to testify truthfully? 21· · · ·A· · No. 22· · · ·Q· · Have you taken any medication that would 23· ·impair your ability to testify accurately here today? 24· · · ·A· · No. 25· · · ·Q· · Did you get enough sleep last night? ·1· · · ·A· · Yes. ·2· · · ·Q· · Did you have breakfast this morning? ·3· · · ·A· · No. ·4· · · ·Q· · No? ·5· · · ·A· · (Witness shakes head.) ·6· · · ·Q· · Okay.· Are you hungry? ·7· · · ·A· · No. ·8· · · ·Q· · Okay.· Are you prepared to tell -- to answer ·9· ·all my questions here today? 10· · · ·A· · Yes. 11· · · ·Q· · Okay. 12· · · · · · MR. NAKASE:· Court reporter, can you hear 13· ·her just fine? 14· · · · · · THE REPORTER:· Yes. 15· ·BY MR. NAKASE: 16· · · ·Q· · Is there any reason why you won't be able to 17· ·give me a full and complete answer to my questions 18· ·today? 19· · · ·A· · No. 20· · · · · · MR. HOY:· Oh, I'll let that go.· But, I 21· ·mean, that does call for speculation.· She doesn't 22· ·know the questions.· So there might be a question she 23· ·doesn't understand down the road, but I think we know 24· ·what you're going for. 25· · · · · · And I think you answered it. ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Okay.· At any time you don't understand my ·3· ·question, it's important that you not answer and ask ·4· ·me -- and inform me that you do not understand the ·5· ·question. ·6· · · · · · Is that okay with you? ·7· · · ·A· · Yes. ·8· · · ·Q· · Okay.· Are you currently employed? ·9· · · ·A· · Yes. 10· · · ·Q· · And who are you employed with? 11· · · ·A· · SF San Diego. 12· · · ·Q· · And how long have you been employed with the 13· ·company? 14· · · ·A· · I believe 2008 when it was opened. 15· · · ·Q· · Okay.· And how frequently -- do you receive 16· ·a paycheck? 17· · · ·A· · Yes. 18· · · ·Q· · And how frequently do you receive a 19· ·paycheck? 20· · · ·A· · Every two weeks. 21· · · ·Q· · And is that a paper check? 22· · · ·A· · Yes. 23· · · ·Q· · And every two weeks do you look at the 24· ·paycheck that you receive to ensure that it's 25· ·accurate? ·1· · · ·A· · You want me to look at the check to see if ·2· ·it's -- ·3· · · · · · MR. HOY:· He's just asking if you make sure ·4· ·you were paid accurately, your wages are accurate. ·5· ·BY MR. NAKASE: ·6· · · ·Q· · Let me rephrase. ·7· · · · · · When you receive your paycheck every two ·8· ·weeks, do you look at the paycheck? ·9· · · ·A· · Sometimes.· Sometimes I just deposit it. 10· · · ·Q· · Okay.· And in the last nine years since 11· ·you've been employed with the company, how many times 12· ·have you looked at your paycheck? 13· · · · · · MR. HOY:· If you know.· It does call for 14· ·speculation. 15· · · · · · THE WITNESS:· I don't know how many times I 16· ·looked at it. 17· ·BY MR. NAKASE: 18· · · ·Q· · Okay.· Do you know the difference between a 19· ·guess and an estimate? 20· · · ·A· · Yes. 21· · · ·Q· · Okay.· And is -- and what is an estimate? 22· · · ·A· · Isn't like a guess and an estimate kind of 23· ·the same kind of -- well, estimate -- you want me to 24· ·estimate how many times I've looked at the check 25· ·or -- ·1· · · ·Q· · Sure.· Let me -- let me do this:· Do you ·2· ·know what a guess is? ·3· · · ·A· · Just drawing out some kind of numbers. ·4· · · ·Q· · Okay. ·5· · · ·A· · Just taking a guess. ·6· · · ·Q· · Okay.· When you're guessing, you don't have ·7· ·a foundation for your opinion.· Do you agree? ·8· · · ·A· · (Witness nods head.) ·9· · · ·Q· · Yes? 10· · · ·A· · Yes. 11· · · ·Q· · Okay.· It's important that you articulate 12· ·your answer because the court reporter cannot write 13· ·down a nod or a shake of your head. 14· · · ·A· · Okay. 15· · · ·Q· · Okay? 16· · · · · · Do you agree that a guess is an op- -- an 17· ·opinion that has no foundation? 18· · · ·A· · Yes. 19· · · ·Q· · Okay.· And do you agree that an estimate is 20· ·an opinion based on some information that you have? 21· · · ·A· · Yes. 22· · · ·Q· · For example, if I asked you, can you 23· ·estimate the length of this conference table in front 24· ·of you; would you be able to give us your best 25· ·estimate? ·1· · · ·A· · No.· I don't -- if you want me to estimate ·2· ·this, I -- I -- I can't throw out a number and try ·3· ·to -- ·4· · · ·Q· · Can you estimate how many feet this ·5· ·conference table -- conference table is in front of ·6· ·you? ·7· · · ·A· · Maybe. ·8· · · ·Q· · Okay.· What's your best estimate as to how ·9· ·many feet this conference table is in front of you? 10· · · ·A· · Well, then -- I may have to lay down and see 11· ·how long it is measured against me and maybe take a 12· ·guess, but -- 7 feet. 13· · · ·Q· · Okay.· I agree with you.· I estimate it to 14· ·be about 7 feet also. 15· · · · · · If I asked you to -- to give me an estimate 16· ·as to how -- the length of my desk in my office, 17· ·would you be able to do that? 18· · · ·A· · No. 19· · · ·Q· · Why not? 20· · · ·A· · Because I'm not in your office. 21· · · ·Q· · Okay.· Good.· So you know the difference 22· ·between a guess and an estimate. 23· · · · · · In -- since 2008, can you give me your best 24· ·estimate as to how many times you looked at your 25· ·paycheck? ·1· · · ·A· · Sorry.· I'm drawing blanks.· I can't -- ·2· · · · · · MR. HOY:· If it's beyond your ability to ·3· ·give an estimate over that number of years, that's a ·4· ·perfectly acceptable answer.· I mean, just give the ·5· ·best answer you can.· And if you don't understand or ·6· ·if you're unable to -- ·7· · · · · · THE WITNESS:· Okay.· Well, there's -- ·8· ·there's -- ·9· · · · · · MR. HOY:· If you want a piece of paper and a 10· ·pen to do some math, we can do that. 11· ·BY MR. NAKASE: 12· · · ·Q· · Let me help you.· Okay?· Let me -- let me 13· ·see if I can help you. 14· · · · · · You -- you've been working for the company 15· ·for ten years? 16· · · ·A· · 2008.· Yes. 17· · · ·Q· · Okay. 18· · · · · · MR. HOY:· Well, approximately.· I mean -- 19· · · · · · MR. NAKASE:· That's fine. 20· · · · · · MR. HOY:· -- because it's more than ten 21· ·years, but she -- 22· · · · · · MR. NAKASE:· I -- I agree with you.· I'm 23· ·just trying to simplify some math. 24· ·BY MR. NAKASE: 25· · · ·Q· · And in ten years at 365 days a year, that's ·1· ·3,650 days in ten years, correct? ·2· · · ·A· · Yes. ·3· · · ·Q· · And you get a check every two weeks. ·4· · · ·A· · Um-hmm. ·5· · · ·Q· · And half of 3,650 is 1 -- ·6· · · · · · MR. NAKASE:· Mr. Hoy, are you doing the ·7· ·calculations? ·8· · · · · · MR. HOY:· I'm not as smart as you.· I'm ·9· ·relying on the calculator. 10· · · · · · But there's basically, you know, 52 weeks a 11· ·year, right?· So 36 pay periods per year.· Over ten 12· ·years, that would be around 360 pay periods.· That's 13· ·my guess. 14· · · · · · MR. NAKASE:· Okay. 15· · · · · · MR. HOY:· Estimate. 16· · · · · · MR. NAKASE:· Okay. 17· ·BY MR. NAKASE: 18· · · ·Q· · Do you agree with your counsel's estimate? 19· · · ·A· · Yes. 20· · · ·Q· · Okay.· Now are you able to give us your best 21· ·estimate as to how many times you've looked at your 22· ·paycheck in the last ten years? 23· · · ·A· · To -- maybe 100 times. 24· · · ·Q· · Okay. 25· · · ·A· · I mean, if you're saying sit there and look ·1· ·at it, I don't sit there and look at it. ·2· · · ·Q· · Okay. ·3· · · ·A· · It just opens up, all right; let's deposit ·4· ·it. ·5· · · ·Q· · Okay.· And who is the payor on the ·6· ·paychecks? ·7· · · ·A· · Oh, wait.· I didn't look in that section. ·8· ·SF San Diego? ·9· · · · · · MR. HOY:· Is that a guess? 10· · · · · · THE WITNESS:· That's a guess. 11· · · · · · MR. HOY:· Well, see, I think what Mr. Nakase 12· ·was saying earlier, we -- there's -- there's a 13· ·difference between guessing and estimate.· He's after 14· ·actual knowledge. 15· · · · · · THE WITNESS:· Okay. 16· · · · · · MR. HOY:· I don't want you to guess. 17· · · · · · THE WITNESS:· Okay. 18· · · · · · MR. HOY:· I'm sure he doesn't want you to 19· ·guess.· So, I mean, if -- if it's something that you 20· ·don't know -- 21· · · · · · THE WITNESS:· I didn't pay attention to 22· ·that. 23· ·BY MR. NAKASE: 24· · · ·Q· · Okay.· Do you know who the payor of your 25· ·paychecks is? ·1· · · · · · MR. HOY:· I'll object.· Vague as to time. ·2· · · · · · Has -- has it been the same company ever ·3· ·since you were employed? ·4· · · · · · THE WITNESS:· Yes, it has. ·5· · · · · · MR. HOY:· Okay.· Then if you know the ·6· ·answer. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · Do you know the answer for who the payor is ·9· ·for your wages for the past ten years? 10· · · ·A· · SF San Diego. 11· · · ·Q· · Do you know that for sure? 12· · · ·A· · I have -- I -- I -- okay.· I'm not -- I'm 13· ·not sure.· Because when I open the check, I just, 14· ·okay, here's the check, just go. 15· · · ·Q· · Okay.· Let's move on. 16· · · · · · Do you know who Men Xui Do is? 17· · · ·A· · I've heard of her name. 18· · · ·Q· · Men Xui Do is spelled M-e-n, second word 19· ·X-u-i, third word D-o. 20· · · · · · Are you familiar with that name, Ms. Wong? 21· · · ·A· · I've -- I -- yes, I've heard of her name. 22· · · ·Q· · Okay.· Have you ever communicated with Men 23· ·Xui Do? 24· · · ·A· · Communicate like -- 25· · · ·Q· · In any form or fashion or manner. ·1· · · ·A· · Regarding? ·2· · · ·Q· · Anything. ·3· · · ·A· · Anything.· I may have. ·4· · · ·Q· · And what was the context of the ·5· ·communication with Men Xui Do? ·6· · · ·A· · I don't remember. ·7· · · ·Q· · And when did you speak with Men Xui Do? ·8· · · ·A· · I don't remember. ·9· · · ·Q· · And how do you recognize the name Men Xui 10· ·Do? 11· · · ·A· · If I remember correct, on the business -- 12· · · · · · MR. HOY:· You've got to speak up a little. 13· · · · · · THE WITNESS:· The business license that's 14· ·hanging at the market. 15· ·BY MR. NAKASE: 16· · · ·Q· · Okay.· At which market? 17· · · ·A· · At the SF Supermarket in San Diego. 18· · · ·Q· · Okay.· What business license? 19· · · ·A· · The ones that hang -- that you're supposed 20· ·to put in front. 21· · · ·Q· · Of the store? 22· · · ·A· · Of the store. 23· · · ·Q· · And that store is in Linda Vista, San Diego? 24· · · ·A· · Yes. 25· · · ·Q· · And the business license has Men Xui Do's ·1· ·name on it? ·2· · · ·A· · I don't remember. ·3· · · · · · MR. HOY:· Just answer.· I mean, if you don't ·4· ·remember, you don't remember. ·5· · · · · · THE WITNESS:· I don't remember. ·6· ·BY MR. NAKASE: ·7· · · ·Q· · Okay. ·8· · · · · · MR. HOY:· Yeah.· One thing I'll just counsel ·9· ·you on real quick, and that is that don't look to me 10· ·for answers.· Okay? 11· · · · · · THE WITNESS:· Yeah.· I -- 12· · · · · · MR. HOY:· If you -- if you don't know, if 13· ·you need him to clarify or if there's a context to 14· ·your answer, just give him that. 15· · · · · · THE WITNESS:· Okay. 16· ·BY MR. NAKASE: 17· · · ·Q· · Have you ever heard the name Men Xui Do? 18· · · ·A· · Yes. 19· · · ·Q· · And how did you hear about the name Men Xui 20· ·Do? 21· · · ·A· · I believe I've seen it on one of the 22· ·papers -- on one of the licenses that's on the walls 23· ·at the store, at the SS -- SF San Diego. 24· · · · · · MR. NAKASE:· Mark transcript. 25· ·/// ·1· ·BY MR. NAKASE: ·2· · · ·Q· · And the license for the grocery store in ·3· ·Linda Vista, who is the licensee, the name of the ·4· ·company? ·5· · · · · · MR. HOY:· I'll object.· Calls for ·6· ·speculation, based on the reaction that I'm seeing. ·7· · · · · · If you know, certainly answer. ·8· · · · · · THE WITNESS:· I don't know. ·9· ·BY MR. NAKASE: 10· · · ·Q· · Do you know who the owner is of the grocery 11· ·store where you work in Linda Vista? 12· · · ·A· · SF San Diego.· If you want me to guess the 13· ·name, I can say SF San Diego.· I -- 14· · · ·Q· · It's okay. 15· · · · · · Do you report to Men Xui Do? 16· · · ·A· · No. 17· · · ·Q· · Do you take instruction from Men Xui Do? 18· · · ·A· · No. 19· · · ·Q· · For the purpose of this deposition, when we 20· ·say "grocery store," we're referring to the grocery 21· ·store Shun -- sorry -- SF San Diego, Inc., which is 22· ·doing business as Shun Fat.· Do you agree? 23· · · ·A· · Yes. 24· · · ·Q· · Okay.· And so when you're referring to "the 25· ·grocery store," are you also talking about SF San ·1· ·Diego, Inc., doing business as Shun Fat? ·2· · · ·A· · Yes. ·3· · · ·Q· · Okay.· And Shun Fat is the name of the ·4· ·grocery store that is -- that -- that -- that is ·5· ·posted in front of the store in Linda Vista, ·6· ·San Diego? ·7· · · ·A· · Yes. ·8· · · ·Q· · Could you -- and what is your role at SF San ·9· ·Diego in Linda Vista? 10· · · ·A· · Manager. 11· · · ·Q· · Are you the general manager? 12· · · ·A· · I have -- I overlook the store at SF San 13· ·Diego. 14· · · ·Q· · And are you the most senior person at SF San 15· ·Diego, Inc., in the grocery store? 16· · · ·A· · Am I the most senior?· Are you saying -- 17· · · ·Q· · In terms of position. 18· · · ·A· · Yes. 19· · · · · · MR. HOY:· Or authority? 20· · · · · · THE WITNESS:· Authority. 21· ·BY MR. NAKASE: 22· · · ·Q· · Are you the most senior person in terms of 23· ·authority at the supermarket in Linda Vista? 24· · · ·A· · Yes. 25· · · ·Q· · Is there anybody else that works at SF San ·1· ·Diego that has a higher authority than you? ·2· · · ·A· · No. ·3· · · ·Q· · In how many locations does SF San Diego, ·4· ·Inc., have in terms of stores? ·5· · · ·A· · SF San Diego?· This one here, San Diego. ·6· · · ·Q· · I'm handing you a document marked as -- ·7· ·premarked as Exhibit 42. ·8· · · · · · (Exhibit 42 marked) ·9· ·BY MR. NAKASE: 10· · · ·Q· · If you could take a couple of seconds and 11· ·let me know when you're done taking a look at this 12· ·Exhibit 42.· Please let me know when you're done. 13· · · · · · May I have that -- that document back? 14· ·Yeah, I'm just going to trade you because the one 15· ·that you previously had has marking all over it. 16· ·Please let me know when you're done. 17· · · · · · MR. HOY:· If I could interrupt for just a 18· ·second, my -- my suggestion would be to glance 19· ·through it to get an overall idea of what kind of 20· ·document it is.· If he has questions that will compel 21· ·you to feel the need to analyze it line by line, then 22· ·we can maybe do it at that point, but we don't know 23· ·his questions yet. 24· · · · · · So just familiarize yourself now and if we 25· ·need to get into the real details, we can do that. ·1· · · · · · THE WITNESS:· Okay. ·2· · · · · · MR. HOY:· Because I don't think he wants you ·3· ·to read the entire thing. ·4· ·BY MR. NAKASE: ·5· · · ·Q· · Are you done looking at the Exhibit 42? ·6· · · ·A· · Um -- ·7· · · ·Q· · Just look at the first page. ·8· · · ·A· · Okay.· Yes. ·9· · · ·Q· · Okay.· For the record, Exhibit 42 is a trial 10· ·brief of Defendant Shun Fat Supermarket, Inc., for 11· ·the Case Number 37-2013-00036037-CU-PO-CTL. 12· · · · · · Do you agree with that? 13· · · ·A· · I'm sorry.· Where are you reading?· Oh, 14· ·okay. 15· · · ·Q· · Do you agree? 16· · · ·A· · I wasn't paying attention to what you were 17· ·reading earlier.· Sorry. 18· · · ·Q· · Okay.· Exhibit 42 is a trial brief of 19· ·Defendant Shun Fat Supermarket, Inc. 20· · · · · · Do you agree with that? 21· · · · · · MR. HOY:· That's what -- do you agree that 22· ·that's the title of this document? 23· · · · · · THE WITNESS:· Oh, trial brief.· Okay. 24· ·BY MR. NAKASE: 25· · · ·Q· · Okay.· And do you agree that it's Case ·1· ·Number 37-2013-00036037-CU-PO-CTL? ·2· · · ·A· · Yes. ·3· · · ·Q· · And this is in the Superior Court, State of ·4· ·California, County of San Diego. ·5· · · · · · Did I read that correctly? ·6· · · ·A· · Yes. ·7· · · ·Q· · Are you familiar with who Trang Duong is? ·8· · · ·A· · I don't remember this name.· I'm just ·9· ·looking at it. 10· · · ·Q· · You don't recall that name? 11· · · ·A· · No. 12· · · ·Q· · Are you familiar with the attorney by the 13· ·name of Lien Tram? 14· · · ·A· · No. 15· · · ·Q· · Are you familiar with the attorney Frank J. 16· ·D'Oro? 17· · · ·A· · Yes. 18· · · ·Q· · And how are you familiar with Attorney Frank 19· ·J. D'Oro? 20· · · ·A· · Um, a case -- I worked with -- well, not 21· ·worked with him, but -- um, he represented this case. 22· · · ·Q· · Okay.· And did you communicate with Attorney 23· ·Frank J. D'Oro in the matter of Duong versus Shun Fat 24· ·Supermarket in 2014? 25· · · ·A· · Yes. ·1· · · ·Q· · And were you the point of contact for the ·2· ·matter of Duong versus Shun Fat Supermarket in 2014? ·3· · · ·A· · Yes. ·4· · · ·Q· · And do you remember the circumstances of why ·5· ·Trang Duong filed a lawsuit against Shun Fat ·6· ·Supermarket? ·7· · · ·A· · If I what?· I'm sorry. ·8· · · ·Q· · Do you remember the circumstances of why ·9· ·Trang Duong sued Shun Fat Supermarket, Inc., in 2014? 10· · · ·A· · Yes. 11· · · ·Q· · And what do you remember? 12· · · ·A· · It was a slip-and-fall. 13· · · ·Q· · And was the plaintiff injured in the store? 14· · · ·A· · At the -- at the plaintiff -- 15· · · ·Q· · Was the plaintiff injured in the store, 16· ·Trang Duong? 17· · · ·A· · She slipped and fell in the store. 18· · · ·Q· · Okay.· And were you the point of contact for 19· ·Shun Fat Supermarket, Inc., in connection with the 20· ·lawsuit Duong versus Shun Fat Supermarket, Inc.? 21· · · ·A· · Well -- 22· · · · · · MR. HOY:· I'll object that it calls for 23· ·speculation. 24· · · · · · THE WITNESS:· I was for SF San Diego. 25· ·/// ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Okay. ·3· · · ·A· · I was a point of contact for SF San Diego. ·4· · · ·Q· · Okay.· Were you point of contact for Shun ·5· ·Fat Supermarket, Inc.? ·6· · · ·A· · I -- I know that I'm just the point of ·7· ·contact for SF San Diego. ·8· · · ·Q· · Okay.· And when Shun Fat, Inc., was sued by ·9· ·Trang Duong, was there a surveillance video that was 10· ·available? 11· · · · · · MR. HOY:· Objection.· Calls for speculation. 12· · · · · · THE WITNESS:· Yes. 13· ·BY MR. NAKASE: 14· · · ·Q· · And how do you know that? 15· · · ·A· · There was an -- there was an ambulance, so I 16· ·grabbed the video for that one. 17· · · ·Q· · So right after Duong Fat [sic] fell, you 18· ·went and looked at the video? 19· · · ·A· · Yes. 20· · · ·Q· · How soon after did you go look at the video 21· ·after Duong -- Duong Fat fell? 22· · · ·A· · I can't remember. 23· · · ·Q· · Okay.· Can you give me a -- sorry.· Let me 24· ·rephrase that. 25· · · · · · How soon after Trang Duong fell in your ·1· ·store in 2014 did -- you went to go examine the ·2· ·surveillance video? ·3· · · ·A· · I can't remember. ·4· · · ·Q· · Give me your best estimate. ·5· · · ·A· · You want an estimate.· It may have been ·6· ·after she -- she had left. ·7· · · ·Q· · Okay.· How soon after Trang Duong left the ·8· ·store did you examine the surveillance video? ·9· · · ·A· · Maybe 10 to 15 minutes. 10· · · ·Q· · And who else examined the surveillance video 11· ·with you after Trang Duong fell in your store? 12· · · ·A· · Myself. 13· · · ·Q· · And how many surveillance videos did you 14· ·look at? 15· · · ·A· · I don't remember how many.· I just looked at 16· ·how -- if -- if -- if the video has to do with the 17· ·area where she fell. 18· · · ·Q· · I understand that.· How many videos did you 19· ·look at at the -- at the area where Trang Duong fell? 20· · · ·A· · I can't remember. 21· · · ·Q· · Give me your best estimate. 22· · · ·A· · I -- I -- I can't remember.· So you want me 23· ·to estimate how many cameras that I looked at or -- 24· · · ·Q· · Correct. 25· · · ·A· · I looked -- I -- I looked at many.· But I ·1· ·can't remember how many cameras I've looked at, but I ·2· ·know I looked at one of them. ·3· · · ·Q· · Okay.· When you say "many," was it more than ·4· ·ten or less than ten?· Let me rephrase that.· It's ·5· ·compound. ·6· · · · · · When you looked at the surveillance videos ·7· ·from the camera for Trang Duong's injuries, did you ·8· ·look at more than ten cameras? ·9· · · ·A· · Maybe less. 10· · · ·Q· · Was it more than five video cameras -- 11· ·videos from the cameras? 12· · · ·A· · Maybe. 13· · · ·Q· · Okay.· So you examined anywhere between five 14· ·to ten videos from the surveillance camera concerning 15· ·Trang Duong's injuries in the store in 2014? 16· · · ·A· · I'm sorry.· Can you repeat it? 17· · · · · · (Record read) 18· · · · · · THE WITNESS:· If I have looked at more than 19· ·five videos regarding -- I may have. 20· ·BY MR. NAKASE: 21· · · ·Q· · And has the surveillance cameras in the 22· ·store changed between 2014 to present? 23· · · · · · MR. HOY:· Object.· Vague as to change. 24· · · · · · THE WITNESS:· Are you asking me has the 25· ·video -- the camera been moved around or -- ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Let me rephrase. ·3· · · · · · Since 2014 to present, has there been any ·4· ·changes to the surveillance camera equipment for the ·5· ·store? ·6· · · ·A· · Maybe.· But I don't -- don't remember. ·7· · · ·Q· · Why do you say "maybe"? ·8· · · ·A· · Because our office was moved from one side ·9· ·to another, so I can't remember. 10· · · ·Q· · Okay.· Has the amount of surveillance 11· ·cameras in the store changed since 2014 to present? 12· · · ·A· · Oh, I don't remember. 13· · · ·Q· · Who would know that information? 14· · · ·A· · Me. 15· · · ·Q· · Would you be the only person that would know 16· ·whether there has been any changes in the number of 17· ·video cameras in the store since 2014? 18· · · · · · MR. HOY:· Objection.· Calls for speculation. 19· · · · · · THE WITNESS:· I would have to view the 20· ·cameras, but I can't remember if they were changed 21· ·and moved, because sometimes it could be, you know. 22· ·BY MR. NAKASE: 23· · · ·Q· · Since 2017, has there been any change -- 24· ·changes in the surveillance camera location in the 25· ·store? ·1· · · · · · MR. HOY:· Objection.· Calls for speculation. ·2· · · · · · THE WITNESS:· Since -- since 2017, has there ·3· ·been any camera changes in the store? ·4· ·BY MR. NAKASE: ·5· · · ·Q· · Yes. ·6· · · ·A· · Yes. ·7· · · ·Q· · And what changes were made? ·8· · · ·A· · Change -- like changing to get a clearer ·9· ·angle at -- 10· · · ·Q· · Okay.· And how do you know this? 11· · · ·A· · By viewing it on like a TV. 12· · · ·Q· · Okay.· Are you the best person to testify 13· ·about the locations of the cameras in the store 14· ·between 2017 to present? 15· · · ·A· · Am I the best person to testify on the 16· ·location of the camera? 17· · · ·Q· · Cameras. 18· · · ·A· · Cameras.· Since 2017.· Maybe. 19· · · ·Q· · Who else would be available to testify about 20· ·the location of the cameras in the store since 2017? 21· · · ·A· · Me. 22· · · ·Q· · Okay.· And nobody else except for you? 23· · · ·A· · Yes. 24· · · ·Q· · Is that correct? 25· · · ·A· · To -- to know where the locations of the ·1· ·camera? ·2· · · ·Q· · Correct. ·3· · · ·A· · I -- well, sorry.· You asked me am I the ·4· ·only one that can testify against where all the ·5· ·locations of the camera or can view the camera? ·6· ·Because -- ·7· · · · · · MR. HOY:· I'm sorry.· I don't remember him ·8· ·saying the only one.· I thought he just said the best ·9· ·one. 10· · · · · · THE WITNESS:· The best one. 11· · · · · · MR. NAKASE:· Counsel is correct. 12· · · · · · THE WITNESS:· To view the cameras, right? 13· · · · · · MR. HOY:· No, I -- I think what he's asking 14· ·is, is there anyone who has more knowledge than you 15· ·regarding the placement and number of the cameras -- 16· · · · · · THE WITNESS:· No. 17· · · · · · MR. HOY:· -- and any changes that have 18· ·occurred since 2017. 19· · · · · · THE WITNESS:· No, it would be me. 20· ·BY MR. NAKASE: 21· · · ·Q· · Okay.· Are you the best person to testify -- 22· ·strike that. 23· · · · · · Are you the best person with knowledge about 24· ·the locations of the surveillance camera in the store 25· ·since 2017? ·1· · · ·A· · Yes.· But we have a -- yes. ·2· · · ·Q· · Are you the best person with knowledge about ·3· ·the numbers of cameras in the store since 2017? ·4· · · · · · MR. HOY:· I'm -- I'm going to object on -- ·5· ·on the grounds that "best" is ambiguous.· Best ·6· ·implies superior as opposed to equal.· There might be ·7· ·other employees that know the -- a number of cameras ·8· ·exist.· She may not be better at counting, but she ·9· ·might be as good as anyone else.· I mean, I'm just 10· ·feeling a little confused myself on that. 11· · · · · · THE WITNESS:· Yes. 12· ·BY MR. NAKASE: 13· · · ·Q· · Has there been any changes in locations of 14· ·the surveillance camera in the store since 2017? 15· · · ·A· · No. 16· · · ·Q· · Does anybody besides yourself have authority 17· ·to make changes to the locations of the cameras since 18· ·2017? 19· · · ·A· · No. 20· · · ·Q· · And you're the only person in the store that 21· ·has the authority to make changes to the locations of 22· ·the surveillance camera? 23· · · ·A· · Make changes, like moving locations? 24· · · · · · MR. HOY:· I think just any change. 25· · · · · · THE WITNESS:· Yes. ·1· ·BY MR. NAKASE: ·2· · · ·Q· · How many video cameras are there in the ·3· ·store? ·4· · · · · · MR. HOY:· Vague as to time. ·5· · · · · · THE WITNESS:· I don't know the exact number. ·6· ·BY MR. NAKASE: ·7· · · ·Q· · Your best estimate. ·8· · · ·A· · If I have to estimate, 25, just an estimate. ·9· · · ·Q· · Okay.· And how many surveillance camera are 10· ·in the produce room? 11· · · ·A· · An estimate, again, because -- an estimate 12· ·of three maybe.· I'm just estimating maybe three. 13· · · ·Q· · Has any of the surveillance camera or 14· ·equipment broke down since 2017? 15· · · ·A· · I don't remember. 16· · · ·Q· · Who would -- who would know this 17· ·information? 18· · · ·A· · Me. 19· · · ·Q· · Okay.· Did you call -- did you ask anybody 20· ·to repair the surveillance camera equipment since 21· ·2017? 22· · · ·A· · Yes. 23· · · ·Q· · And who did you ask? 24· · · ·A· · His name is Kevin. 25· · · ·Q· · And what's Kevin's last name? ·1· · · ·A· · I don't -- I don't know his last name. ·2· · · ·Q· · And how do you know Kevin? ·3· · · ·A· · Because he installed -- help install the ·4· ·camera. ·5· · · ·Q· · And when did Kevin help you install the ·6· ·camera? ·7· · · · · · MR. HOY:· Can we get an idea as to how many ·8· ·cameras we're talking about?· I'm going to object as ·9· ·vague and which camera and how often.· I mean, I'm 10· ·getting confused again. 11· ·BY MR. NAKASE: 12· · · ·Q· · Do you understand the question? 13· · · ·A· · No. 14· · · · · · MR. NAKASE:· Could you read the question 15· ·back, please, Madam Court Reporter. 16· · · · · · (Record read) 17· · · · · · THE WITNESS:· I can't remember. 18· ·BY MR. NAKASE: 19· · · ·Q· · Your best estimate? 20· · · ·A· · My -- my best estimate would be 2012. 21· · · ·Q· · Okay.· Has there been any problems with the 22· ·video camera equipment since 2017? 23· · · · · · MR. HOY:· Vague as to "problems." 24· · · · · · THE WITNESS:· You want to know has there 25· ·been any problems with the cameras since 2017?· Yes. ·1· ·BY MR. NAKASE: ·2· · · ·Q· · What problems? ·3· · · ·A· · Well, we could -- the computer could have -- ·4· ·it shut off because it -- it got shut off.· I don't ·5· ·know why.· So I had to restart it. ·6· · · ·Q· · Anything else? ·7· · · ·A· · (Witness shakes head.) ·8· · · ·Q· · And how many times did -- on how many ·9· ·occasions did the computer for the surveillance 10· ·camera shut off since 2017? 11· · · ·A· · I don't know. 12· · · ·Q· · Give me your best estimate. 13· · · ·A· · Once or twice. 14· · · ·Q· · Okay.· Do you remember what year those 15· ·occasions where the computer shut -- shut off twice? 16· · · ·A· · No. 17· · · ·Q· · Was it in 2017? 18· · · ·A· · I don't know. 19· · · ·Q· · Was it in 2018? 20· · · ·A· · I don't know. 21· · · ·Q· · Was it in 2019? 22· · · ·A· · No. 23· · · ·Q· · Was it in the last couple of days? 24· · · ·A· · No. 25· · · ·Q· · Did the equip -- the surveillance camera ·1· ·equipment break down on May 2nd, 2017? ·2· · · ·A· · No. ·3· · · ·Q· · And how do you know that? ·4· · · ·A· · Because I looked at the camera on -- I ·5· ·checked the -- the -- the cameras that day. ·6· · · ·Q· · Okay.· Why did you check the camera that day ·7· ·on May 2nd, 2017? ·8· · · ·A· · Regarding this case. ·9· · · ·Q· · Okay.· And what did you check? 10· · · ·A· · The -- in the produce. 11· · · ·Q· · Okay.· How many surveillance camera videos 12· ·did you look at for May 2nd, 2017? 13· · · ·A· · How many?· I looked in the produce.· However 14· ·many that covers the produce area. 15· · · ·Q· · Okay.· And how many do you estimate the 16· ·recording -- video recording that you looked at for 17· ·May 2nd, 2017? 18· · · ·A· · How -- I -- I can't remember how many 19· ·cameras were in the produce.· You had me estimate 20· ·earlier, and I believe I said three cameras earlier, 21· ·maybe more.· But I can't remember how many cameras 22· ·are there in the produce. 23· · · ·Q· · Okay.· And who is responsible for the 24· ·day-to-day operation of the video surveillance 25· ·camera? ·1· · · ·A· · The camera rolls all day long. ·2· · · ·Q· · Okay.· Do you do anything to the video ·3· ·recording at the end of the day? ·4· · · ·A· · No. ·5· · · ·Q· · Do you do anything to the surveillance ·6· ·camera at the end of the week? ·7· · · ·A· · No. ·8· · · ·Q· · Do you do anything to the surveillance video ·9· ·recordings at all? 10· · · ·A· · I don't do anything with it. 11· · · ·Q· · Okay.· And when is the time where you would 12· ·make a -- a -- a preservation of a surveillance video 13· ·for the store? 14· · · ·A· · Preservation of it? 15· · · ·Q· · Yes. 16· · · ·A· · If there was a slip-and-fall that I feel 17· ·that needs to be look -- looked at or preserved, I 18· ·would do it myself. 19· · · ·Q· · Okay.· And -- and the computer, what type of 20· ·computer is it, for the surveillance camera? 21· · · · · · MR. HOY:· If you know. 22· · · · · · THE WITNESS:· I don't.· I -- 23· ·BY MR. NAKASE: 24· · · ·Q· · Is it a Windows computer? 25· · · ·A· · I don't know. ·1· · · ·Q· · Is it a Macintosh computer? ·2· · · ·A· · I don't know. ·3· · · ·Q· · Does the computer for the surveillance ·4· ·camera -- is it in color? ·5· · · ·A· · Yes. ·6· · · ·Q· · Okay.· And what -- and what do you do when ·7· ·there's an injury at a store that cause you to ·8· ·preserve the surveillance videos? ·9· · · ·A· · Usually when there's an ambulance -- 10· ·ambulance involved, I would go back and review the 11· ·cameras. 12· · · ·Q· · Okay.· So whenever there's an injury in the 13· ·store, you would review all the surveillance videos, 14· ·correct? 15· · · · · · MR. HOY:· Misstates testimony.· I believe 16· ·she said when an ambulance is called. 17· · · · · · THE WITNESS:· When an ambulance is called. 18· ·BY MR. NAKASE: 19· · · ·Q· · Okay.· Was an ambulance called when Duong 20· ·Trang [sic] was injured in -- in the -- in your store 21· ·in 2014? 22· · · ·A· · Maybe. 23· · · ·Q· · Do you remember? 24· · · ·A· · I don't remember. 25· · · ·Q· · Okay.· And what caused you to review the ·1· ·surveillance camera in the store for Duong Trang? ·2· · · ·A· · She had a slip-and-fall.· She -- there was a ·3· ·slip-and-fall.· And I -- I can't remember exactly, ·4· ·but -- I can't exactly remember why, but there was ·5· ·something that made me go -- I -- I can't remember. ·6· · · ·Q· · Okay.· And did you preserve all the ·7· ·surveillance video for Duong Trang's -- Trang's ·8· ·injuries in the store in 2014? ·9· · · ·A· · Did I preserve? 10· · · ·Q· · Yes. 11· · · ·A· · I preserved the area where she slipped. 12· · · ·Q· · And how many surveillance videos did you 13· ·preserve for Duong Trang's injuries in 2014? 14· · · ·A· · I can't remember. 15· · · ·Q· · Give me your best estimate. 16· · · ·A· · One or two. 17· · · ·Q· · Okay.· And why did you preserve the two 18· ·surveillance videos for Duong Trang's injuries? 19· · · · · · MR. HOY:· Misstates testimony.· She said one 20· ·or two. 21· · · · · · THE WITNESS:· One or two.· If it shows in 22· ·relation to the slip and fall. 23· ·BY MR. NAKASE: 24· · · ·Q· · Okay.· And when the surveillance video 25· ·capture a -- a -- a customer's injuries, why is it ·1· ·important for you to preserve the surveillance ·2· ·videos? ·3· · · ·A· · I'm sorry?· I -- ·4· · · ·Q· · When a customer is injured in your store, ·5· ·why is it important for you to preserve the ·6· ·surveillance videos? ·7· · · ·A· · Why is it important? ·8· · · ·Q· · Yes. ·9· · · ·A· · Well, if I write a report, sometimes if 10· ·it's -- if I can see it, then I -- if -- if there's 11· ·an ambulance, then I would preserve it.· I feel the 12· ·need.· I -- I just do it if there's an ambulance. 13· ·If -- if -- if -- if an ambulance is involved, I just 14· ·do it for me. 15· · · ·Q· · Okay.· Why is that important? 16· · · ·A· · Just so that I can have -- I can look at it 17· ·if -- to go along with my report. 18· · · ·Q· · Okay.· And do you generally prepare a report 19· ·when a customer is injured in your store? 20· · · ·A· · When a customer -- when a customer is 21· ·injured in the store? 22· · · ·Q· · Yes. 23· · · ·A· · We -- we do a -- we file a report. 24· · · ·Q· · Okay.· And you -- you -- you draft a report 25· ·every time a customer is injured in your store? ·1· · · ·A· · Yes. ·2· · · ·Q· · And would there be anybody else that would ·3· ·draft a report? ·4· · · ·A· · Yes. ·5· · · ·Q· · Who else would draft a report? ·6· · · ·A· · If my -- my -- what is that person?· The ·7· ·lead cashier. ·8· · · ·Q· · And who would that be? ·9· · · ·A· · Anh Tran. 10· · · · · · MR. HOY:· Are we talking about in 2017 or 11· ·when? 12· ·BY MR. NAKASE: 13· · · ·Q· · Anh Tran.· Is Anh Tran still an employee 14· ·with SF San Diego? 15· · · ·A· · Yes. 16· · · ·Q· · And how long has Anh Tran been employed with 17· ·SF San Diego? 18· · · ·A· · I can't remember. 19· · · ·Q· · Give me your best estimate. 20· · · ·A· · If I have to estimate, 2011, 2012. 21· · · ·Q· · Is Anh Tran a man or a woman? 22· · · ·A· · A woman. 23· · · ·Q· · And how old is Anh Tran, your best estimate? 24· · · ·A· · In her forties. 25· · · ·Q· · Has Anh Tran informed you recently that she ·1· ·was going to resign from working at SF San Diego? ·2· · · ·A· · No. ·3· · · ·Q· · Do you expect Anh Tran to continue her ·4· ·employment at SF San Diego for the next six months? ·5· · · ·A· · Yes. ·6· · · ·Q· · Are you close with Anh Tran in terms of ·7· ·friendship? ·8· · · ·A· · Outside of work? ·9· · · ·Q· · Yes. 10· · · ·A· · No. 11· · · ·Q· · Have you ever been to Anh Tran's home? 12· · · ·A· · No. 13· · · ·Q· · Has Anh Tran ever been to your home? 14· · · ·A· · No. 15· · · ·Q· · We're going to talk a little bit about your 16· ·history.· Is that okay with you? 17· · · ·A· · Yes. 18· · · ·Q· · Okay.· And where do you currently live? 19· · · ·A· · Off -- off the 56 freeway. 20· · · ·Q· · Okay.· What's your residence address? 21· · · ·A· · Seven -- 7989 Doug Hill. 22· · · ·Q· · How do you spell that? 23· · · ·A· · D-o-u-g and then H-l. 24· · · ·Q· · H-l? 25· · · ·A· · Yes. ·1· · · ·Q· · Just H-l? ·2· · · ·A· · Yes. ·3· · · · · · MR. HOY:· That's an unusual way to spell ·4· ·hill, but... ·5· · · · · · THE WITNESS:· I was -- ·6· ·BY MR. NAKASE: ·7· · · ·Q· · And is that a house or apartment? ·8· · · ·A· · House. ·9· · · ·Q· · What city is that? 10· · · ·A· · San Diego. 11· · · ·Q· · How long have you been living there? 12· · · ·A· · Ten years. 13· · · ·Q· · And who do you live there with? 14· · · ·A· · My family. 15· · · ·Q· · And do you live there with your husband? 16· · · ·A· · Yes. 17· · · ·Q· · Are you married? 18· · · ·A· · Yes. 19· · · ·Q· · Okay.· How long have you been married? 20· · · ·A· · 2001. 21· · · ·Q· · And what's your husband's name? 22· · · ·A· · Ray Wong. 23· · · ·Q· · And who else do you live in your home with? 24· · · ·A· · My three kids. 25· · · ·Q· · And how old are they? ·1· · · ·A· · Sixteen, 14, and six. ·2· · · ·Q· · Okay.· We're passed your kids.· Okay? ·3· · · · · · And what's your date of birth? ·4· · · ·A· · 6/1/77. ·5· · · ·Q· · Do you have any plans to move in the next ·6· ·six months? ·7· · · ·A· · No. ·8· · · ·Q· · Do you have any plans to resign from SF San ·9· ·Diego in the next six months? 10· · · ·A· · No. 11· · · ·Q· · And where were you born? 12· · · ·A· · Vietnam. 13· · · ·Q· · Where in Vietnam? 14· · · ·A· · Yes. 15· · · ·Q· · Where in Vietnam? 16· · · ·A· · Oh. 17· · · ·Q· · I'm sorry? 18· · · ·A· · Vietnam. 19· · · ·Q· · What city in Vietnam? 20· · · ·A· · Saigon. 21· · · ·Q· · Okay.· And did you -- when did you immigrate 22· ·to the United States? 23· · · ·A· · When I was very young. 24· · · ·Q· · How old? 25· · · ·A· · I may -- we may have left when I was one. ·1· · · ·Q· · Okay.· Do you remember what year you arrived ·2· ·in the United States? ·3· · · ·A· · I don't know what year, but if -- if ·4· ·I asked -- I asked my parents and they may have said ·5· ·1979.· I -- ·6· · · ·Q· · Is that your best estimate? ·7· · · ·A· · Best estimate. ·8· · · ·Q· · Okay.· You remember living in the United ·9· ·States as long as you can remember? 10· · · ·A· · Yes. 11· · · ·Q· · Okay.· Do you have any memories of Vietnam? 12· · · ·A· · No. 13· · · ·Q· · Okay.· Have you ever been convicted of a 14· ·felony? 15· · · ·A· · No. 16· · · ·Q· · Have you ever been convicted of a 17· ·misdemeanor? 18· · · ·A· · No. 19· · · ·Q· · Have you ever given your deposition before? 20· · · ·A· · Once. 21· · · ·Q· · When was that? 22· · · ·A· · It was this one right here. 23· · · ·Q· · You gave your deposition in the matter of 24· ·Trang Duong versus Shun Fat Supermarket? 25· · · ·A· · Yes. ·1· · · ·Q· · And why did you give your deposition for ·2· ·Shun Fat -- sorry -- in the matter of Trang Duong ·3· ·versus Shun Fat Supermarket? ·4· · · ·A· · Because the slip and fall was in SF San ·5· ·Diego. ·6· · · ·Q· · Okay.· And were you an agent of Shun Fat ·7· ·Supermarket, Inc.? ·8· · · ·A· · I'm sorry? ·9· · · ·Q· · Were you an agent of Shun Fat Supermarket, 10· ·Inc., in 2014? 11· · · · · · MR. HOY:· Calls for a legal conclusion. 12· ·Speculation.· Lacks foundation. 13· · · · · · THE WITNESS:· I was working for SF San 14· ·Diego. 15· ·BY MR. NAKASE: 16· · · ·Q· · And what reasons did you testify for Shun 17· ·Fat Supermarket, Inc., in 2014 in connection with 18· ·Duong versus Shun Fat Supermarket, Inc.? 19· · · · · · MR. HOY:· Misstates testimony. 20· · · · · · THE WITNESS:· They called for me. 21· ·BY MR. NAKASE: 22· · · ·Q· · Okay.· And that was the only time that you 23· ·testified in a deposition? 24· · · ·A· · Yes. 25· · · ·Q· · And did you testify at trial for the matter ·1· ·of Trang Duong versus Shun Fat Supermarket? ·2· · · ·A· · Yes. ·3· · · ·Q· · And you went to trial? ·4· · · ·A· · Yes. ·5· · · ·Q· · And you testified? ·6· · · ·A· · Yes. ·7· · · ·Q· · Okay.· What documents did you review to ·8· ·prepare for your deposition here today? ·9· · · ·A· · I just -- 10· · · · · · THE WITNESS:· Can I take a break? 11· · · · · · MR. HOY:· Huh? 12· · · · · · THE WITNESS:· Can I take a break really 13· ·quick? 14· · · · · · MR. HOY:· Is it to speak with me or -- 15· · · · · · THE WITNESS:· No.· I need a bathroom -- just 16· ·a restroom break. 17· · · · · · MR. NAKASE:· That's fine.· Let's -- let's 18· ·take a break.· The witness needs to go to the 19· ·restroom. 20· · · · · · MR. HOY:· All right. 21· · · · · · THE VIDEOGRAPHER:· Going off the record. 22· ·The time is 9:43 a.m. 23· · · · · · (Recess) 24· · · · · · THE VIDEOGRAPHER:· Back on the record.· The 25· ·time is 10:01 a.m. ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Okay, Ms. Wong.· We just finished a break. ·3· ·And I'm going to repeat the last question, which is ·4· ·what documents did you review for your deposition ·5· ·here today? ·6· · · ·A· · The document that -- the deposition document ·7· ·that I was called to. ·8· · · ·Q· · Okay.· The notice of deposition -- ·9· · · ·A· · Yeah, there we go. 10· · · ·Q· · -- for you to be present here? 11· · · ·A· · Yes. 12· · · ·Q· · Okay.· And did you review any other 13· ·documents? 14· · · ·A· · The other -- the other transcript for -- 15· ·whatever was asked for in the deposition, I reviewed 16· ·it. 17· · · ·Q· · Okay.· And did you say your husband's name 18· ·is Ray Wong? 19· · · ·A· · Yes. 20· · · ·Q· · Is that short for Raymond -- 21· · · ·A· · Raymond. 22· · · ·Q· · -- Wong? 23· · · ·A· · Raymond Wong. 24· · · ·Q· · And how old is he? 25· · · ·A· · 1970. ·1· · · ·Q· · And what is his occupation? ·2· · · ·A· · He's a civil engineer. ·3· · · ·Q· · And did you meet with your lawyers to ·4· ·prepare for your deposition? ·5· · · ·A· · Yes. ·6· · · ·Q· · And when did you meet with your lawyer to ·7· ·prepare for your deposition? ·8· · · ·A· · Today is -- Monday. ·9· · · ·Q· · Two days ago? 10· · · ·A· · Yes. 11· · · ·Q· · And on how many occasions did you meet with 12· ·your lawyer to prepare for your deposition? 13· · · ·A· · Just Monday. 14· · · ·Q· · And how long did you meet with your lawyer 15· ·to prepare for your deposition? 16· · · ·A· · I can't remember. 17· · · ·Q· · Your best estimate? 18· · · ·A· · A couple hours. 19· · · ·Q· · A couple hours or several hours? 20· · · ·A· · A couple hours, two hours. 21· · · ·Q· · You met with your lawyers -- 22· · · ·A· · One hour. 23· · · ·Q· · -- for two hours? 24· · · ·A· · It could be two hours. 25· · · ·Q· · Okay.· Did you meet with your lawyer for ·1· ·three hours to prepare for your deposition? ·2· · · ·A· · I wasn't paying attention to the time. ·3· · · ·Q· · Okay.· Did your lawyer instruct you to give ·4· ·specific answers to specific questions? ·5· · · ·A· · Give -- ·6· · · · · · MR. HOY:· I'm going to object.· Calls for ·7· ·attorney/client-privileged information. ·8· · · · · · But you can answer in a yes or no without ·9· ·revealing any content of what we talked about. 10· · · · · · MR. NAKASE:· I agree. 11· · · · · · THE WITNESS:· No. 12· ·BY MR. NAKASE: 13· · · ·Q· · I'm sorry? 14· · · ·A· · No. 15· · · ·Q· · Were you given specific instructions to 16· ·answer a question in a certain way? 17· · · ·A· · No. 18· · · ·Q· · Who did you speak with besides your attorney 19· ·to prepare for your deposition? 20· · · · · · MR. HOY:· If anybody. 21· · · · · · THE WITNESS:· From? 22· ·BY MR. NAKASE: 23· · · ·Q· · Anybody. 24· · · ·A· · Scott. 25· · · · · · MR. HOY:· I think he might have meant in ·1· ·addition to your attorneys. ·2· · · · · · Is that what you meant? ·3· · · · · · MR. NAKASE:· I said except for your ·4· ·attorney. ·5· · · · · · MR. HOY:· Yeah. ·6· · · · · · THE WITNESS:· Anyone besides my attorney. ·7· ·From the -- from the office or -- ·8· · · · · · MR. HOY:· No.· No, remember with the ·9· ·question -- in preparation for this deposition 10· ·testimony -- 11· · · · · · THE WITNESS:· Did I speak to anyone. 12· · · · · · MR. HOY:· Did you speak to anybody else 13· ·other than your attorneys to prepare for it? 14· · · · · · THE WITNESS:· I don't think so. 15· ·BY MR. NAKASE: 16· · · ·Q· · Did you have any worries concerning giving 17· ·your deposition? 18· · · ·A· · Do I have any worries?· No. 19· · · ·Q· · Were you coached by anybody to give your 20· ·deposition? 21· · · ·A· · No. 22· · · ·Q· · Were you coached by anybody to give a 23· ·specific answer to your deposition? 24· · · ·A· · No. 25· · · ·Q· · For the purpose of -- I want to talk about ·1· ·some definitions for your deposition here today. ·2· · · · · · When we talk about -- when we say ·3· ·"corporation," we're referring to SF San Diego, Inc. ·4· · · · · · Is that okay with you? ·5· · · ·A· · "Corporation" is SF San Diego, Inc.· Okay. ·6· · · ·Q· · And when we talk about -- when we use the ·7· ·word "company," we're referring to SF San Diego, Inc. ·8· · · · · · Do you agree? ·9· · · ·A· · "Company" is SF San Diego, Inc.· Okay. 10· · · ·Q· · Okay.· And when we talk about "the grocery 11· ·store," we're talking about SF San Diego, Inc., doing 12· ·business as Shun Fat Supermarket. 13· · · · · · Is that okay with you? 14· · · ·A· · Okay. 15· · · ·Q· · And when we talk about "the premises," we're 16· ·talking about Shun Fat Supermarket where Cuc Le 17· ·tripped and fell on May 2nd, 2017. 18· · · · · · Do you agree with that? 19· · · ·A· · Yes. 20· · · ·Q· · And is Shun Fat Supermarket where Cuc Le 21· ·tripped and fell on May 2nd, 2017? 22· · · ·A· · Yes. 23· · · ·Q· · And how do you know this? 24· · · ·A· · How do I know that it was Shun Fat 25· ·Supermarket that Cuc Kim Le fell in? ·1· · · ·Q· · Yes. ·2· · · ·A· · Slipped and fell? ·3· · · ·Q· · Yes. ·4· · · ·A· · Because that's where I work. ·5· · · ·Q· · Okay.· Were you there present on that day? ·6· · · ·A· · I was at work that day. ·7· · · ·Q· · And were you present when Cuc Le tripped and ·8· ·fell on May 2nd, 2017? ·9· · · ·A· · I was present. 10· · · ·Q· · Okay.· Did you see Cuc Le on the floor? 11· · · ·A· · I saw her on the floor. 12· · · ·Q· · What are all the names used -- what were all 13· ·the names that you used in the past? 14· · · ·A· · All the names that I've used in the past? 15· · · ·Q· · Yes. 16· · · · · · Okay.· Let me pivot.· Okay?· Our next set of 17· ·questions is going to be about your background and 18· ·employment history and education. 19· · · · · · Is that okay with you? 20· · · ·A· · Okay. 21· · · ·Q· · Okay.· So could you tell us all the names 22· ·you've used in the past? 23· · · ·A· · My full name, Margie Hien Nhu Lam Wong. 24· · · ·Q· · Could you spell that for the court reporter? 25· · · ·A· · Margie, M-a-r-g-i-e.· Hien is H-i-e-n.· Nhu ·1· ·is N-h-u.· Lam is L-a-m.· Wong is W-o-n-g. ·2· · · ·Q· · Could you tell us about your educational ·3· ·background starting from high school? ·4· · · ·A· · I finished high school. ·5· · · ·Q· · Where did you go to high school? ·6· · · ·A· · Serra High School.· Serra High School. ·7· · · ·Q· · Is that here in San Diego? ·8· · · ·A· · Yes. ·9· · · ·Q· · And what year did you graduate? 10· · · ·A· · '95. 11· · · ·Q· · Did you receive a diploma? 12· · · ·A· · Yes. 13· · · ·Q· · And did you attend college after high 14· ·school? 15· · · ·A· · I went to San Diego State. 16· · · ·Q· · And what year did you attend San Diego 17· ·State? 18· · · ·A· · After high school. 19· · · ·Q· · And what years was that? 20· · · ·A· · '95.· But I didn't finish. 21· · · ·Q· · Okay.· How many years did you attend SDSU? 22· · · ·A· · Two, I think.· I think it's -- I can't 23· ·remember.· Two years. 24· · · ·Q· · And do you understand SDSU as San Diego 25· ·State University? ·1· · · ·A· · Yeah. ·2· · · ·Q· · And that's where you attended? ·3· · · ·A· · Yes. ·4· · · ·Q· · And that's where you attended from '95 to ·5· ·about '97? ·6· · · ·A· · Uh-huh. ·7· · · ·Q· · I mean 1995 to 1997? ·8· · · ·A· · 1995 to 1997. ·9· · · ·Q· · Okay.· Did you attend SDSU in 1998? 10· · · ·A· · I can't remember. 11· · · ·Q· · Did you graduate from SDSU? 12· · · ·A· · No.· I told you I didn't -- I didn't finish. 13· · · ·Q· · Okay.· Did you attend any type of formal 14· ·education after SDSU? 15· · · ·A· · No. 16· · · ·Q· · Did you attend any vocational school after 17· ·SDSU? 18· · · ·A· · No. 19· · · ·Q· · And what did you study when you went to 20· ·SDSU? 21· · · ·A· · Business. 22· · · ·Q· · Okay.· And how many classes did you take at 23· ·SDSU?· How many classes did you take at SDSU? 24· · · ·A· · Total or like a -- 25· · · ·Q· · Yes. ·1· · · ·A· · I can't remember. ·2· · · ·Q· · Your best estimate. ·3· · · ·A· · I can't remember.· If you want me to ·4· ·guess -- ·5· · · ·Q· · Well, let me ask you this:· How many classes ·6· ·do you estimate you took per semester at SDSU? ·7· · · ·A· · Three classes about. ·8· · · ·Q· · Okay.· And you attended for six semesters at ·9· ·SDSU? 10· · · ·A· · I can't remember how many semesters. 11· · · ·Q· · Okay.· And what type of grades did you get 12· ·at SDSU? 13· · · ·A· · Passing grades. 14· · · ·Q· · Okay.· And did you attend junior high school 15· ·in San Diego? 16· · · ·A· · Middle school? 17· · · ·Q· · Yes. 18· · · ·A· · Yes. 19· · · ·Q· · And how many -- and what grades did you 20· ·attend middle school? 21· · · ·A· · Sixth, seventh -- no.· Seventh and eighth 22· ·grade. 23· · · ·Q· · And did you attend elementary school in the 24· ·United States? 25· · · ·A· · Yes. ·1· · · ·Q· · And which school is that? ·2· · · ·A· · Chesterton. ·3· · · ·Q· · Is that here in San Diego? ·4· · · ·A· · Yes. ·5· · · ·Q· · And where did you attend middle school in ·6· ·San Diego? ·7· · · ·A· · De Portola. ·8· · · ·Q· · And how would you judge the level of your ·9· ·English comprehension? 10· · · ·A· · I -- I understand English. 11· · · ·Q· · Okay.· Would you say you're fluent in 12· ·English? 13· · · ·A· · Yes. 14· · · ·Q· · Okay.· Do you speak -- what language do you 15· ·speak to your husband in at home? 16· · · ·A· · English and a little Chinese. 17· · · ·Q· · And what language do you speak to your 18· ·children at home? 19· · · ·A· · Vietnamese, Chinese and English. 20· · · ·Q· · And do you have any brothers and sisters? 21· · · ·A· · Yes. 22· · · ·Q· · And what language do you speak to your 23· ·brothers and sisters? 24· · · ·A· · Vietnamese. 25· · · ·Q· · How many languages do you speak? ·1· · · ·A· · Fluent or -- I mean, I can -- I can speak in ·2· ·Vietnamese, a little Chinese. ·3· · · ·Q· · And what language -- and what -- and what ·4· ·language in Chinese -- what dialect in Chinese do you ·5· ·speak? ·6· · · ·A· · Teochew. ·7· · · ·Q· · And what else? ·8· · · ·A· · A little Cantonese.· Not much.· A little. ·9· · · ·Q· · Do you speak Cantonese? 10· · · ·A· · Just a little. 11· · · ·Q· · Do you speak Mandarin? 12· · · ·A· · No.· Well, I don't speak that at home.· But 13· ·I can understand a little. 14· · · ·Q· · Okay.· Are you fluent in Teochew? 15· · · ·A· · No. 16· · · ·Q· · Okay.· Do you speak Teochew at home? 17· · · ·A· · A little. 18· · · ·Q· · Okay.· And if we were to ask you to 19· ·interpret Teochew to -- to English, would you be able 20· ·to do so competently? 21· · · ·A· · No. 22· · · ·Q· · Why not? 23· · · ·A· · It's -- because it's just like the daily 24· ·stuff:· Did you eat yet -- 25· · · ·Q· · Okay. ·1· · · ·A· · -- wake up, and -- ·2· · · ·Q· · If we were to ask you to interpret Teochew ·3· ·to English and vice versa, would -- would your ·4· ·interpretation be accurate? ·5· · · ·A· · No. ·6· · · ·Q· · Okay.· And do you speak Cantonese? ·7· · · ·A· · Very -- a little. ·8· · · ·Q· · Okay.· Do you have Cantonese customers at ·9· ·your store? 10· · · ·A· · We do. 11· · · ·Q· · Okay.· How -- how many percent of customers 12· ·speak Cantonese at your store? 13· · · · · · MR. HOY:· Calls for speculation. 14· ·BY MR. NAKASE: 15· · · ·Q· · Your best estimate. 16· · · ·A· · My best estimate. 17· · · · · · MR. HOY:· I'm going to object as completely 18· ·overbroad unless she speaks to each customer that 19· ·comes in to see the language that they know and 20· ·speak.· There's no basis for her to make a guess. 21· ·She might know how many times she speaks to a 22· ·customer in Cantonese. 23· · · · · · MR. NAKASE:· That's what I'm talking about. 24· ·BY MR. NAKASE: 25· · · ·Q· · Do you understand my question? ·1· · · ·A· · It's just -- it's a "Hi" and "Bye" and "How ·2· ·are you?" -- ·3· · · ·Q· · Okay. ·4· · · ·A· · -- to a Cantonese customer, if there is any. ·5· · · ·Q· · Okay. ·6· · · ·A· · I can't say I'm fluent in Cantonese to have ·7· ·a full-on conversation, but "Hi.· How are you?" ·8· · · ·Q· · Enough to get by? ·9· · · ·A· · Just "Hi" -- well, that's to get by.· "Hi. 10· ·How are you?" 11· · · ·Q· · Okay.· Have you ever acted as a 12· ·interpreter -- 13· · · ·A· · No. 14· · · ·Q· · -- in your store? 15· · · ·A· · An inter- -- a Cantonese interpreter? 16· · · ·Q· · Yes. 17· · · ·A· · No. 18· · · ·Q· · Have you acted as a Teochew interpreter in 19· ·your store? 20· · · ·A· · No. 21· · · ·Q· · Have you acted as a Vietnamese interpreter 22· ·in your store? 23· · · ·A· · For the easy words, like -- yes. 24· · · ·Q· · Okay.· Have you ever acted as an interpreter 25· ·in your store between Vietnamese and English? ·1· · · ·A· · Yes. ·2· · · ·Q· · And how frequently do you do that? ·3· · · ·A· · Not that often. ·4· · · ·Q· · Okay.· And are you fluent in Vietnamese? ·5· · · ·A· · Yes.· Enough for me to get by. ·6· · · ·Q· · Do you sometimes have challenges when ·7· ·interpreting from Vietnamese to English? ·8· · · ·A· · Yes. ·9· · · ·Q· · Because you have a limitation on the words 10· ·that you know how to translate or interpret? 11· · · ·A· · Yes. 12· · · ·Q· · That was compound. 13· · · · · · Is it because that you have a limitation as 14· ·to vocabulary that you have in Vietnamese to 15· ·interpret to English? 16· · · ·A· · Yes. 17· · · ·Q· · And do you also have challenges interpreting 18· ·from English to Vietnamese due to the limitation of 19· ·your vocabulary in Vietnamese? 20· · · ·A· · Yes. 21· · · ·Q· · When did you start working for your 22· ·employer? 23· · · ·A· · When they opened, about -- about -- when 24· ·they opened. 25· · · ·Q· · And what year was that? ·1· · · ·A· · 2008. ·2· · · ·Q· · And could you tell us your educational -- ·3· ·sorry.· Strike that. ·4· · · · · · Could you tell us your work history starting ·5· ·from high school? ·6· · · ·A· · Starting from high school?· I worked at The ·7· ·Gap. ·8· · · ·Q· · From what year to what year?· Your best ·9· ·estimate.· Well, you graduated high school in '95. 10· · · · · · So starting from 1995, when did you work at 11· ·The Gap? 12· · · ·A· · Maybe '95, '96. 13· · · ·Q· · And what did you do at The Gap? 14· · · ·A· · Greet -- greet customers.· Help customers. 15· ·Fold their clothes. 16· · · ·Q· · Customer service? 17· · · ·A· · Yes. 18· · · ·Q· · And did you speak English when you worked at 19· ·Gap? 20· · · ·A· · Yes. 21· · · ·Q· · And where did you work after Gap? 22· · · ·A· · Wells Fargo. 23· · · ·Q· · And what did you do at Wells Fargo? 24· · · ·A· · A teller. 25· · · ·Q· · I'm sorry? ·1· · · ·A· · A teller. ·2· · · ·Q· · Did you speak English with the customers at ·3· ·Wells Fargo? ·4· · · ·A· · Yes. ·5· · · ·Q· · And what years did you work at Wells Fargo? ·6· ·Your best estimate. ·7· · · ·A· · Maybe '98 -- '98, '99.· About there. ·8· · · ·Q· · 2000? ·9· · · ·A· · Maybe part of 2000.· I don't remember. 10· · · ·Q· · And where did you work after Wells Fargo? 11· · · ·A· · And then I moved to Sacramento for a little 12· ·and came back.· Got married. 13· · · ·Q· · No, your employment. 14· · · ·A· · Oh, SF San Diego. 15· · · ·Q· · I'm sorry? 16· · · ·A· · SF San Diego. 17· · · ·Q· · You worked for SF San Diego after Wells 18· ·Fargo? 19· · · ·A· · Uh-huh. 20· · · ·Q· · Okay.· Where did you work for SF San Diego? 21· · · ·A· · SF San Diego, Shun Fat Supermarket. 22· · · ·Q· · That was in 2008? 23· · · ·A· · Well, you asked me after Wells Fargo. 24· · · ·Q· · Okay.· I understand.· My apology. 25· · · · · · Were you employed from 2000 to 2008? ·1· · · ·A· · Nope.· No, I was -- I got married.· Had a -- ·2· ·had a family.· Stayed-at-home mom, homemaker. ·3· · · ·Q· · Okay.· That's a very difficult job.· I -- ·4· ·I -- I agree with you. ·5· · · · · · And you worked for SF San Diego starting in ·6· ·2008? ·7· · · ·A· · Uh-huh.· I believe. ·8· · · ·Q· · And in what position did you start at at SF ·9· ·San Diego? 10· · · ·A· · The -- the same position. 11· · · ·Q· · The same position? 12· · · ·A· · Uh-huh. 13· · · ·Q· · As a general manager? 14· · · ·A· · The manager. 15· · · ·Q· · I'm sorry? 16· · · ·A· · A manager. 17· · · ·Q· · Okay.· And you've always been a manager at 18· ·SF San Diego, Inc.? 19· · · ·A· · Yes. 20· · · ·Q· · Okay.· And who do you report to at SF San 21· ·Diego, Inc.? 22· · · ·A· · My general manager. 23· · · ·Q· · And who is the general manager? 24· · · ·A· · Huy. 25· · · ·Q· · Huy what? ·1· · · ·A· · Trieu. ·2· · · ·Q· · How frequently is Huy Trieu at the store? ·3· · · ·A· · Not that often. ·4· · · ·Q· · How many times a year does Huy Trieu visit ·5· ·the store? ·6· · · ·A· · Once a -- it -- it varies. ·7· · · ·Q· · Give me your best estimate. ·8· · · ·A· · Once -- I -- I -- I can't.· I -- I -- it ·9· ·varies sometimes.· It's not like once a month or 10· ·anything like that or -- it -- it varies.· So I don't 11· ·know how many times -- 12· · · ·Q· · On average -- on average, how many times 13· ·does Huy Trieu visit SF San Diego? 14· · · · · · MR. HOY:· During what time frame? 15· · · · · · MR. NAKASE:· On average. 16· · · · · · MR. HOY:· Yeah, but on average a month?· On 17· ·average a year? 18· ·BY MR. NAKASE: 19· · · ·Q· · Per year. 20· · · ·A· · Three or four times maybe. 21· · · ·Q· · Okay.· And where does Huy Trieu live? 22· · · ·A· · I don't know. 23· · · ·Q· · Okay.· Do you report to anybody else besides 24· ·Huy Trieu? 25· · · ·A· · Huy Trieu. ·1· · · ·Q· · That's all? ·2· · · ·A· · (Witness nods head.) ·3· · · ·Q· · Yes? ·4· · · ·A· · Yes. ·5· · · ·Q· · Okay.· Who makes the decisions for the ·6· ·day-to-day operation of the store? ·7· · · ·A· · The day-to-day operation -- ·8· · · ·Q· · Yes. ·9· · · ·A· · -- that would be me. 10· · · ·Q· · Okay.· Who makes the policies for the store? 11· · · ·A· · Corporate probably. 12· · · ·Q· · I'm sorry? 13· · · ·A· · Corporate. 14· · · ·Q· · Where's corporate? 15· · · ·A· · I don't know.· I -- I don't know where. 16· ·Like -- 17· · · ·Q· · Have you ever spoken with anybody -- anybody 18· ·at the corporate office for SF San Diego, Inc.? 19· · · ·A· · I -- Huy Trieu. 20· · · ·Q· · Is that all? 21· · · ·A· · Yes. 22· · · ·Q· · Okay.· Do you talk to Huy Trieu about Cuc 23· ·Le's fall? 24· · · ·A· · I may have. 25· · · ·Q· · And how many occasions did you speak ·1· ·about -- on how many occasions did you talk to Huy ·2· ·Trieu about Cuc Le's injuries? ·3· · · ·A· · Not -- maybe once or twice. ·4· · · ·Q· · Okay.· And when did you talk to Cuc ·5· ·Le about -- I'm sorry. ·6· · · · · · And when did you talk to Huy Trieu about Cuc ·7· ·Le's trip-and-fall in your store? ·8· · · ·A· · I don't remember. ·9· · · ·Q· · Give me your best estimate. 10· · · · · · MR. HOY:· Perhaps if you based it on from 11· ·the time of the fall.· Can you estimate was it 12· ·shortly thereafter?· Within a month?· You know, kind 13· ·of look at it that way. 14· · · · · · THE WITNESS:· Maybe two, three weeks ago. 15· ·BY MR. NAKASE: 16· · · ·Q· · And how long were the conversations that you 17· ·had with Huy Trieu concerning trip Le's -- Cuc Le's 18· ·trip-and-fall in your store? 19· · · ·A· · Pretty short.· I mean, I just told him what 20· ·happened and -- 21· · · ·Q· · Did you report to Huy Trieu concerning Cuc 22· ·Le's trip-and-fall in your store in 2017? 23· · · ·A· · No.· No. 24· · · ·Q· · Did you discuss with Huy Trieu concerning 25· ·Cuc Le's trip-and-fall in your store anytime before ·1· ·2019? ·2· · · ·A· · No. ·3· · · ·Q· · Why not? ·4· · · ·A· · Because I had faxed in my report already and ·5· ·I just think if I bother him about every slip and ·6· ·fall in the store, I'd probably -- or -- he's ·7· ·probably -- there are things -- other things that -- ·8· · · ·Q· · And did you not report Cuc Le's ·9· ·trip-and-fall in the store to Huy Trieu because it 10· ·just wasn't important? 11· · · ·A· · No, I reported -- I had faxed in my report 12· ·to where I was supposed to be -- fax it.· And -- 13· · · ·Q· · And who prepared this report concerning Cuc 14· ·Le's trip-and-fall? 15· · · ·A· · I did. 16· · · ·Q· · And when you drafted this report concerning 17· ·Cuc Le's trip-and-fall in your store, how many pages 18· ·was the report? 19· · · ·A· · One. 20· · · ·Q· · Did you type the report? 21· · · ·A· · No. 22· · · ·Q· · You handwrote the report? 23· · · ·A· · Uh-huh. 24· · · ·Q· · Okay.· And what did the report that you 25· ·wrote say about Cuc Le's trip-and-fall in the store? ·1· · · ·A· · What -- ·2· · · · · · MR. HOY:· Vague -- vague and overbroad. ·3· · · · · · THE WITNESS:· What did I wrote?· I just ·4· ·wrote her information down.· I wrote her information ·5· ·down because she didn't say anything else about her ·6· ·fall. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · Cuc Le didn't say anything about her fall? ·9· · · ·A· · She didn't say -- she -- she just -- she 10· ·didn't say -- I -- she didn't say -- she didn't 11· ·say -- I couldn't write much on the report because 12· ·I -- she didn't say -- 13· · · · · · MR. HOY:· Just -- why don't you just tell 14· ·him what she did say. 15· · · · · · THE WITNESS:· Okay.· I -- I couldn't write 16· ·much because -- I wrote down her information because 17· ·when I saw her, I asked her, "Oh, how are you?" 18· · · · · · And all she said to me was, "How bad luck. 19· ·I was -- I was going to go to the store by my house, 20· ·but I came here."· And that's all she said to me, and 21· ·so I couldn't write much. 22· ·BY MR. NAKASE: 23· · · ·Q· · Is that all she said? 24· · · ·A· · Yes, to me. 25· · · ·Q· · Did she say anything else? ·1· · · ·A· · From what I remember, like all she said, ·2· ·"How bad luck.· I wanted to go to the store close by ·3· ·my house but I came here." ·4· · · ·Q· · Okay.· The report that you drafted ·5· ·concerning Cuc Le's trip-and-fall, tell us what's in ·6· ·that report. ·7· · · ·A· · Um, we wrote -- she -- basically we -- we -- ·8· ·I didn't write -- her information, her date of birth. ·9· ·Her -- her information. 10· · · · · · And then I just wrote a little, "It was in 11· ·the produce area.· She was wearing slippers," but 12· ·not -- not what she said.· Because the report is 13· ·usually what the customer will state.· But she didn't 14· ·state anything about -- regarding the fall. 15· · · ·Q· · Okay.· Was that all that you wrote in the 16· ·report? 17· · · ·A· · (Witness nods head.) 18· · · ·Q· · And what number -- what phone number did you 19· ·fax that report to? 20· · · ·A· · Oh, it's set in the fax machine.· I can't 21· ·remember what phone -- what number. 22· · · ·Q· · Did you communicate with Huy Trieu by 23· ·e-mail? 24· · · ·A· · Phone number -- phone. 25· · · · · · MR. HOY:· Can I just ask, is it "Huy" Trieu ·1· ·or "Hugh" Trieu? ·2· · · · · · THE WITNESS:· Huy, H-u-y.· Huy Trieu. ·3· · · · · · MR. HOY:· Thank you. ·4· ·BY MR. NAKASE: ·5· · · ·Q· · It's not H-i-e-u? ·6· · · ·A· · H-u-y Trieu.· H -- H-u-y, Huy.· Last name is ·7· ·T-r-i-e-u, Trieu. ·8· · · ·Q· · And he's the owner of the company? ·9· · · ·A· · He's our -- he's the general manager. 10· · · ·Q· · Is the general manager different from the 11· ·owner of the company? 12· · · · · · MR. HOY:· If you know. 13· · · · · · Calls for speculation. 14· · · · · · THE WITNESS:· I report to Huy, H-u-y, Trieu. 15· ·BY MR. NAKASE: 16· · · ·Q· · Okay.· Do you know who Hieu Trieu [sic], 17· ·H-i-e-u, T-r-a-n is? 18· · · ·A· · No. 19· · · ·Q· · Have you ever heard of Hieu Tran, H-i-e-u, 20· ·T-r-a-n? 21· · · ·A· · Yes. 22· · · ·Q· · And who is he? 23· · · ·A· · I've heard of him, but -- 24· · · ·Q· · You said H-u-y, T-r-i-e-u?· How do you spell 25· ·Huy Trieu? ·1· · · ·A· · H-u-y, and the last name is Trieu, ·2· ·T-r-i-e-u. ·3· · · ·Q· · And where does Huy Trieu work? ·4· · · ·A· · He's the general manager, and he -- I don't ·5· ·know exactly where his location is. ·6· · · ·Q· · You don't know what office Huy Trieu works ·7· ·out of? ·8· · · ·A· · I don't know where he -- where his location ·9· ·is.· I -- 10· · · ·Q· · How frequently does Huy Trieu come visit the 11· ·store on -- on average per year? 12· · · · · · MR. HOY:· Asked and answered. 13· · · · · · THE WITNESS:· I said it earlier.· You asked 14· ·me to estimate how often he comes.· And I told you it 15· ·varies differently.· I don't know how many times. I 16· ·don't take records of how many times he's visit me -- 17· ·the store. 18· ·BY MR. NAKASE: 19· · · ·Q· · Do you understand my question? 20· · · ·A· · You asked me how often does he visit the 21· ·San Diego location. 22· · · ·Q· · On average, on how many occasions does Huy 23· ·Trieu visit SF San Diego in San Diego per year? 24· · · ·A· · It varies.· I -- I don't know.· I don't 25· ·remember.· I don't keep track of how many times he ·1· ·comes and visits SF San Diego. ·2· · · ·Q· · And you can't give us an average? ·3· · · · · · MR. HOY:· I don't want you to guess.· If you ·4· ·can give him an average or estimate, then do so. ·5· · · · · · THE WITNESS:· I -- I -- I don't sit there ·6· ·and chart how many times he visits.· I don't know. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · Can you give us an estimate how many times ·9· ·your general manager, Huy Trieu, visits SF San Diego 10· ·in San Diego per year? 11· · · ·A· · Estimate, I'm maybe saying two to three 12· ·times. 13· · · ·Q· · And do you know who employs Huy Trieu? 14· · · · · · MR. HOY:· He said if you know.· So -- 15· · · · · · THE WITNESS:· I don't know. 16· ·BY MR. NAKASE: 17· · · ·Q· · You don't know who employs your general 18· ·manager, Huy Trieu? 19· · · ·A· · I don't.· I'm -- I'm -- I'm supposed to 20· ·know? 21· · · ·Q· · And are you the person that makes the 22· ·decision for placing merchandise on the floor in the 23· ·store? 24· · · ·A· · Yes. 25· · · ·Q· · And are you the person that makes the ·1· ·policies for placing merchandise on the floor in the ·2· ·store? ·3· · · · · · MR. HOY:· I'm going to object.· Vague and ·4· ·ambiguous as to "policies." ·5· ·BY MR. NAKASE: ·6· · · ·Q· · Do you understand the question? ·7· · · ·A· · You asked me am I the one responsible for ·8· ·putting the merchandise in the store. ·9· · · · · · MR. HOY:· For the decision-making. 10· · · · · · THE WITNESS:· Yes. 11· ·BY MR. NAKASE: 12· · · ·Q· · Okay.· And you're the person that makes all 13· ·the decisions concerning placing merchandise on the 14· ·floor? 15· · · ·A· · Well, the grocery manager.· Yes. 16· · · ·Q· · You said the grocery manager? 17· · · · · · MR. HOY:· I'm sorry.· Yeah, I didn't 18· ·understand that. 19· · · · · · Are you saying that the grocery manager also 20· ·has some decision-making authority when it comes to 21· ·placing the merchandise? 22· · · · · · THE WITNESS:· No, he works with me. 23· ·BY MR. NAKASE: 24· · · ·Q· · And who is that person? 25· · · ·A· · Long. ·1· · · ·Q· · Long what? ·2· · · ·A· · To, T-o. ·3· · · ·Q· · And how long -- how long has -- this is ·4· ·going to be a tongue twister. ·5· · · · · · Since when did Long To been employed with SF ·6· ·San Diego? ·7· · · ·A· · I can't remember. ·8· · · ·Q· · Your best estimate. ·9· · · ·A· · Two, I think.· Two. 10· · · ·Q· · Two years? 11· · · ·A· · Uh-huh. 12· · · ·Q· · Was Long To an employee of -- of SF San 13· ·Diego on May 2nd, 2017? 14· · · ·A· · I -- I can't remember. 15· · · ·Q· · Are you the point of contact with your 16· ·attorney for this case? 17· · · ·A· · Yes. 18· · · ·Q· · Is anybody else the point of contact with 19· ·your attorney for this case? 20· · · · · · MR. HOY:· Calls for speculation. 21· · · · · · THE WITNESS:· I don't know. 22· ·BY MR. NAKASE: 23· · · ·Q· · Do you know if Huy Trieu is a point of 24· ·contact with your attorney in this case? 25· · · · · · MR. HOY:· Again, is it "Huy"?· I think that ·1· ·Huy Trieu is one person.· Is that who you're talking ·2· ·about?· Because you keep saying "Hugh." ·3· · · · · · MR. NAKASE:· I'm trying my best to pronounce ·4· ·the name. ·5· · · · · · MR. HOY:· I -- I -- ·6· ·BY MR. NAKASE: ·7· · · ·Q· · Could you tell us how to pronounce the name ·8· ·Huy Trieu? ·9· · · ·A· · Huy.· Huy. 10· · · ·Q· · Huy.· Okay.· Sorry for -- I don't mean to 11· ·pronounce it improperly, but I'm having a difficult 12· ·time saying "Huy Trieu." 13· · · · · · Did I say it correctly? 14· · · ·A· · Uh-huh. 15· · · ·Q· · Okay. 16· · · ·A· · I -- yeah. 17· · · ·Q· · Do you know if there's anybody else besides 18· ·yourself that is a point of contact with your 19· ·attorney in this case? 20· · · ·A· · No. 21· · · ·Q· · Do you know if -- no, there isn't or no, you 22· ·don't know? 23· · · ·A· · You asked me do I know if anyone else is a 24· ·point of contact.· I don't know. 25· · · ·Q· · Okay.· Do you know who hired your lawyers? ·1· · · ·A· · No. ·2· · · ·Q· · Do you know who is paying for your lawyer's ·3· ·fee? ·4· · · ·A· · No. ·5· · · ·Q· · Who would I ask? ·6· · · · · · MR. HOY:· If you know. ·7· · · · · · Calls for speculation. ·8· · · · · · THE WITNESS:· I don't know. ·9· ·BY MR. NAKASE: 10· · · ·Q· · Do you know you're -- you've been the sole 11· ·point of contact concerning this case with your 12· ·attorney? 13· · · · · · MR. HOY:· Calls for speculation and 14· ·misstates testimony. 15· · · · · · THE WITNESS:· I don't know. 16· ·BY MR. NAKASE: 17· · · ·Q· · Do you know who hired your lawyer? 18· · · · · · MR. HOY:· Calls for speculation. 19· · · · · · THE WITNESS:· No. 20· ·BY MR. NAKASE: 21· · · ·Q· · On how many occasions have you spoken with 22· ·your attorney in this case? 23· · · ·A· · Since I received the deposition, got called 24· ·in. 25· · · · · · MR. HOY:· I think he just wants ever.· If ·1· ·you know the number of times that -- ·2· · · · · · I'll -- I'll object on vague and ambiguous. ·3· ·Are you talking about specifically an attorney or ·4· ·someone from the office of her -- her company's ·5· ·attorney? ·6· ·BY MR. NAKASE: ·7· · · ·Q· · How many times have you spoken with the law ·8· ·firm that is defending SF San Diego in this case? ·9· · · ·A· · How -- wait.· How many times have I spoke 10· ·with an attorney from -- 11· · · ·Q· · From the law firm that is defending this 12· ·case. 13· · · ·A· · Once or twice. 14· · · ·Q· · Did you know that your lawyer is -- is 15· ·trying to prevent Huy Trieu -- Hieu Tran -- sorry. 16· ·I'll start over. 17· · · · · · Did you know that your lawyer made a motion 18· ·with the Court to prevent Hieu Tran from giving his 19· ·deposition? 20· · · · · · MR. HOY:· Objection.· Relevance. 21· · · · · · THE WITNESS:· I -- I don't know. 22· ·BY MR. NAKASE: 23· · · ·Q· · You don't know anything about that? 24· · · ·A· · No, I -- 25· · · ·Q· · Okay.· Who is the best person to speak ·1· ·about SF San Diego, Inc.'s, policies and ·2· ·procedures? ·3· · · · · · MR. HOY:· I'm going to object.· Vague and ·4· ·ambiguous.· There may be a difference between written ·5· ·procedures and implemented procedures. ·6· · · · · · THE WITNESS:· Yeah. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · Can you answer the question? ·9· · · ·A· · No.· I don't know. 10· · · ·Q· · You don't know what? 11· · · ·A· · You wanted to know who you can talk to 12· ·regarding the policies, the written policies? 13· · · ·Q· · Correct. 14· · · ·A· · I don't know who -- no, I don't know who. 15· · · ·Q· · Do you know if there's any written policies 16· ·for SF San Diego? 17· · · ·A· · Written policies for what policies?· What -- 18· · · ·Q· · Standards and procedures for the store. 19· · · · · · MR. HOY:· Vague and ambiguous as to what 20· ·standards and -- 21· · · · · · THE WITNESS:· Yeah, can -- 22· · · · · · MR. HOY:· -- policies. 23· ·BY MR. NAKASE: 24· · · ·Q· · Is there an employees' manual for SF San 25· ·Diego? ·1· · · ·A· · There is. ·2· · · ·Q· · And is that -- how many pages is that ·3· ·employees' manual? ·4· · · ·A· · I don't know. ·5· · · ·Q· · Give me your best estimate. ·6· · · ·A· · I don't know.· I can't -- I can't if you're ·7· ·having me -- if you're going to have me estimate -- ·8· ·it's going to be a guess, because -- ·9· · · ·Q· · How many times have you handed the 10· ·employees' manual to employees? 11· · · ·A· · I -- I don't -- I don't -- I don't hand them 12· ·the employee -- the manual to the employees because 13· ·it's all written in English, so they wouldn't be able 14· ·to read it. 15· · · ·Q· · You do not hand out company employees' 16· ·manual to employees when they get hired? 17· · · ·A· · No. 18· · · ·Q· · Why not? 19· · · ·A· · We -- I just didn't. 20· · · ·Q· · Do you know anybody is responsible for -- 21· ·sorry. 22· · · · · · Do you know if anybody was responsible for 23· ·handing out the employees' manual to the employees? 24· · · · · · MR. HOY:· If you know. 25· · · · · · THE WITNESS:· No, I don't know. ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Is there anybody? ·3· · · · · · MR. HOY:· Calls for speculation. ·4· ·BY MR. NAKASE: ·5· · · ·Q· · Is it -- let me ask you this differently. ·6· · · · · · Do you agree that the employees are not ·7· ·given the employees' manual for the company? ·8· · · · · · MR. HOY:· Overbroad.· Again, calls for ·9· ·speculation. 10· · · · · · THE WITNESS:· The employees' manual? 11· ·BY MR. NAKASE: 12· · · ·Q· · Yes. 13· · · ·A· · No, they don't have the employees' manual. 14· · · ·Q· · And why not? 15· · · ·A· · I didn't -- I didn't pass it -- I didn't -- 16· ·we didn't hand it out. 17· · · ·Q· · And why don't you give the employees' manual 18· ·to the employees? 19· · · ·A· · It's all in English and it's -- it's all in 20· ·English. 21· · · ·Q· · And how many pages is the employees' manual? 22· · · ·A· · I just told you I don't know how many pages 23· ·it is. 24· · · ·Q· · Your best estimate. 25· · · ·A· · And I told you earlier if I had to estimate, ·1· ·it would have been a guess because I don't know how ·2· ·many pages it is. ·3· · · ·Q· · Have you ever seen the employees' manual? ·4· · · ·A· · It may have been e-mailed to me.· I may ·5· ·have, but I just don't remember. ·6· · · ·Q· · Do you know what the content is in the ·7· ·employees' manual? ·8· · · ·A· · No. ·9· · · ·Q· · Did you ever read the employees' manual? 10· · · ·A· · No. 11· · · ·Q· · Do you think it was important to read the 12· ·employees' manual? 13· · · ·A· · No.· No. 14· · · ·Q· · For what reasons do you believe that it's 15· ·not important to read the employees' manual? 16· · · ·A· · I -- I didn't see it so -- I -- I don't have 17· ·it, so. 18· · · ·Q· · Okay.· And do you think it was important to 19· ·give the employees' manual to the employees? 20· · · ·A· · If I give it to them, they won't read it 21· ·because it's all in English. 22· · · ·Q· · Have you given it to them? 23· · · ·A· · No. 24· · · ·Q· · Do you think it was important to provide the 25· ·employees the employees' manual? ·1· · · ·A· · No. ·2· · · ·Q· · And why not? ·3· · · ·A· · Because if I give it to them, if they're not ·4· ·going to read it, if -- they're not going to read it, ·5· ·so I will just verbally express -- train them, like ·6· ·tell them what's -- to do. ·7· · · ·Q· · And how do you train them what to do if you ·8· ·haven't read the manual yourself? ·9· · · · · · MR. HOY:· I'm going to object that it 10· ·assumes that the manual is the only source of 11· ·training. 12· ·BY MR. NAKASE: 13· · · ·Q· · Can you answer my question? 14· · · ·A· · Because the manual is not the only way I can 15· ·train them. 16· · · ·Q· · Are there any other written documents that 17· ·will tell the employees, including yourself, what the 18· ·store policies and procedures are? 19· · · · · · MR. HOY:· Are you asking if those documents 20· ·were given to the employees or if there's -- there's 21· ·documents that she knows about that exist? 22· ·BY MR. NAKASE: 23· · · ·Q· · Do you understand my question? 24· · · ·A· · Can you repeat it? 25· · · ·Q· · What other documents are available besides ·1· ·the employees' manual to inform the employees the ·2· ·company's policies and procedures? ·3· · · ·A· · What other -- sorry.· I don't understand ·4· ·your question. ·5· · · ·Q· · Do you know of any other documents that ·6· ·would inform you about the company's policies and ·7· ·procedures? ·8· · · ·A· · No. ·9· · · ·Q· · And why didn't you get the company's 10· ·employees' manual translated to a language so that 11· ·the employees will understand? 12· · · ·A· · Why didn't I? 13· · · ·Q· · Yes. 14· · · ·A· · Because it's not my decision to make it or 15· ·not. 16· · · ·Q· · And whose decision would that be? 17· · · ·A· · It would probably be corporate. 18· · · ·Q· · Who? 19· · · ·A· · Corporate. 20· · · ·Q· · And who is at corporate? 21· · · ·A· · I just don't know. 22· · · ·Q· · You don't know anybody at corporate? 23· · · ·A· · (Witness shakes head.) 24· · · ·Q· · Who else did you -- identify everyone that 25· ·you know that works at corporate for the company? ·1· · · ·A· · I don't know.· I just speak to Huy Trieu. ·2· · · ·Q· · And where does Huy Trieu live? ·3· · · ·A· · I don't know. ·4· · · ·Q· · Does he live here in San Diego? ·5· · · ·A· · I don't know. ·6· · · ·Q· · Who is the best person to talk about the ·7· ·company's policies and procedures? ·8· · · · · · MR. HOY:· The company -- again, the company ·9· ·is SF San Diego we're talking about when we use that 10· ·word, correct? 11· · · · · · MR. NAKASE:· (Nods head.) 12· · · · · · THE WITNESS:· I don't know.· I -- because 13· ·you asked me that earlier -- 14· ·BY MR. NAKASE: 15· · · ·Q· · Uh-huh. 16· · · ·A· · -- who do I contact. 17· · · ·Q· · How old is Huy Trieu? 18· · · ·A· · I don't know. 19· · · ·Q· · Your best estimate. 20· · · ·A· · If I have to estimate, I'm probably 21· ·guessing, his late fifties, mid to late fifties. 22· · · ·Q· · Is Huy Trieu a man or a woman? 23· · · ·A· · A man. 24· · · ·Q· · Has the company adopted a record management 25· ·retention program? ·1· · · ·A· · I don't know. ·2· · · ·Q· · Who would know? ·3· · · · · · MR. HOY:· Again, the company SF San Diego. ·4· ·So limit your -- unless you have greater knowledge. ·5· · · · · · THE WITNESS:· I don't know. ·6· ·BY MR. NAKASE: ·7· · · ·Q· · Has the company adopted a document retention ·8· ·program? ·9· · · ·A· · I don't know. 10· · · ·Q· · Who would know? 11· · · ·A· · For SF San Diego, I -- I don't know. 12· · · ·Q· · What about for Shun Fat Supermarket, Inc.? 13· · · ·A· · Oh, I don't know. 14· · · ·Q· · Does your company have a protocol in place 15· ·to ensure that there's a litigation hold? 16· · · · · · MR. HOY:· Do you understand what a 17· ·litigation hold is? 18· · · · · · THE WITNESS:· I -- no. 19· ·BY MR. NAKASE: 20· · · ·Q· · Does your company have a -- have a protocol 21· ·to ensure that evidence are preserved when somebody 22· ·is injured at your store? 23· · · ·A· · Wait.· Can you repeat that again? 24· · · ·Q· · Does your company have a protocol in place 25· ·to ensure that evidence are preserved when somebody ·1· ·is injured in your store? ·2· · · ·A· · So does the company require me to preserve ·3· ·any kind of fall? ·4· · · ·Q· · Preserve evidence. ·5· · · ·A· · I -- I -- I don't know.· Like evidence as in ·6· ·like clips -- clips of -- video clips? ·7· · · ·Q· · Sure. ·8· · · ·A· · I don't -- I don't know.· I don't -- ·9· · · ·Q· · Does your company have any type of policies 10· ·to ensure that you preserve surveillance video when 11· ·someone is injured in the store? 12· · · ·A· · Do they require me to do that? 13· · · ·Q· · Yes. 14· · · ·A· · Huh-uh. 15· · · ·Q· · Does your company have any policies to 16· ·preserve surveillance video when someone is injured 17· ·in your store? 18· · · ·A· · I don't know if -- 19· · · ·Q· · Are you the person that makes all the 20· ·decisions concerning the safety of the customers that 21· ·enter into your store? 22· · · ·A· · Uh-huh. 23· · · ·Q· · Is that a "yes"? 24· · · ·A· · Yes. 25· · · ·Q· · Is there anybody else that would make the ·1· ·decision concerning the customers' safety when they ·2· ·enter the store? ·3· · · ·A· · For SF San Diego? ·4· · · ·Q· · Yes. ·5· · · ·A· · That would be me. ·6· · · ·Q· · Just you? ·7· · · ·A· · Yes. ·8· · · ·Q· · You make all decisions? ·9· · · ·A· · Yes. 10· · · ·Q· · Okay.· And you make all the decisions 11· ·concerning the placement of merchandise on the floor 12· ·in your store? 13· · · ·A· · When you say "all" -- 14· · · · · · MR. HOY:· I'm just going to say if there is 15· ·a context to your answer, then you can give it.· But 16· ·my interpretation -- I don't mean to coach at all, 17· ·but "all" would necessarily include line -- line 18· ·employees that might see something dangerous, and 19· ·they may act on it.· That's a decision to clean 20· ·something up. 21· · · · · · I'm -- so I'm going to object as to 22· ·overbroad because "all" is just too encompassing. 23· ·BY MR. NAKASE: 24· · · ·Q· · Do you understand my question? 25· · · ·A· · I -- for all -- not -- when you mean all, ·1· ·what do you mean by "all"? ·2· · · ·Q· · What do you understand the question to mean? ·3· · · ·A· · If I was the one who makes all the decision ·4· ·of where the products -- the merchandise are being ·5· ·placed. ·6· · · ·Q· · Yes. ·7· · · ·A· · But what I'm asking -- would like to know, ·8· ·when you say "all" -- ·9· · · ·Q· · Does anybody else make decisions about where 10· ·products are placed in your store besides yourself? 11· · · · · · MR. HOY:· I'm going to object.· Vague and 12· ·ambiguous. 13· · · · · · THE WITNESS:· Let me -- I'm -- I'm trying to 14· ·figure out when you say "all," all merchandise. 15· · · · · · MR. HOY:· Maybe if you keep it high level 16· ·for -- for the purposes of this answer, that would 17· ·probably give him what he's after. 18· · · · · · But I'm just reducing it to like if somebody 19· ·sees something needs to be restocked, someone might 20· ·decide to restock.· So that wasn't her decision. 21· · · · · · But you're the shot-caller when it comes to 22· ·the arrangement of merchandise in that store; yes? 23· ·The ultimate shot-caller is you for the layout of 24· ·that merchandise; is that correct? 25· · · · · · THE WITNESS:· Yes, that will be -- I will -- ·1· ·yes. ·2· ·BY MR. NAKASE: ·3· · · ·Q· · Do you adopt your counsel's statement? ·4· · · ·A· · Yes. ·5· · · ·Q· · Thank you. ·6· · · · · · Could I invite your attention to Exhibit 41, ·7· ·please, which will be Volume 3 -- sorry.· Volume 4. ·8· · · · · · MR. HOY:· It's going to be Volume 3. ·9· · · · · · MR. NAKASE:· None of the volumes.· Pardon 10· ·me.· Okay.· Let's try this again. 11· · · · · · Mark transcript.· Proceeding three pages. 12· ·BY MR. NAKASE: 13· · · ·Q· · Ms. Wong, I'm handing you a document 14· ·premarked as Exhibit 41. 15· · · · · · (Exhibit 41 marked) 16· ·BY MR. NAKASE: 17· · · ·Q· · Exhibit 41 is a document with the caption 18· ·entitled "Amended Notice of Deposition of Party SF 19· ·San Diego, Inc.'s, Affiliated Witness Margie Wong and 20· ·Request for Production of Documents." 21· · · · · · Did I read that correctly, Ms. Wong? 22· · · ·A· · Yes. 23· · · ·Q· · And have you seen this document before, 24· ·Ms. Wong? 25· · · ·A· · Yes. ·1· · · ·Q· · And when was the first time you saw this ·2· ·document, Ms. Wong? ·3· · · ·A· · Monday. ·4· · · ·Q· · I'm sorry? ·5· · · ·A· · This past Monday. ·6· · · ·Q· · This past Monday? ·7· · · ·A· · (Witness nods head.) ·8· · · ·Q· · Meaning two days ago? ·9· · · ·A· · Yes. 10· · · ·Q· · And did you review this document with your 11· ·counsel on Monday, January the 6th, 2020? 12· · · ·A· · Maybe.· Let me look at this.· Okay.· So what 13· ·was it? 14· · · ·Q· · Did you review Exhibit 41 with your counsel 15· ·on January 6th, 2020? 16· · · ·A· · Yes. 17· · · ·Q· · And how long did you review this document 18· ·for with your attorney? 19· · · ·A· · I don't remember how long. 20· · · ·Q· · And did you understand that this document 21· ·asked you to produce some documents to your -- your 22· ·deposition? 23· · · ·A· · It was asking to produce documents. 24· · · ·Q· · And did you bring any documents here with 25· ·you today? ·1· · · ·A· · No. ·2· · · ·Q· · And why not? ·3· · · · · · MR. HOY:· Hold on.· What about this right ·4· ·here? ·5· · · · · · THE WITNESS:· Well, those. ·6· · · · · · MR. HOY:· Okay.· You have to remember, take ·7· ·the time to think -- ·8· · · · · · THE WITNESS:· Okay. ·9· · · · · · MR. HOY:· -- to make sure that you're giving 10· ·accurate information. 11· · · · · · THE WITNESS:· Okay. 12· ·BY MR. NAKASE: 13· · · ·Q· · Inviting your attention to Exhibit 41, 14· ·Page 7, please.· Inviting your attention to Number 1 15· ·at the bottom where Line 17, 18 starts.· Do you see 16· ·that? 17· · · ·A· · Yes. 18· · · ·Q· · It says -- you were asked to bring all 19· ·writing and communications that you looked at in 20· ·preparation for your deposition. 21· · · · · · Did you bring that? 22· · · ·A· · Is it in that -- 23· · · · · · MR. HOY:· You just -- look -- listen and 24· ·read the -- the questions.· Communications you looked 25· ·at in preparation.· Think, what did you look at.· And ·1· ·then you could say, "Did I bring them?"· You know. I ·2· ·mean, have we gone over what you looked at? ·3· · · · · · I hate to do this, Brad, but I'm trying to ·4· ·help you out. ·5· · · · · · What did you look at in preparation for your ·6· ·deposition? ·7· · · · · · THE WITNESS:· I've looked at this. ·8· · · · · · MR. HOY:· Okay.· That's a start.· Yes.· I'm ·9· ·sorry, but -- so you brought -- you brought this? 10· · · · · · THE WITNESS:· Yes. 11· · · · · · MR. HOY:· Okay. 12· ·BY MR. NAKASE: 13· · · ·Q· · Anything else? 14· · · · · · MR. HOY:· If nothing here was used in 15· ·preparation for the -- 16· · · · · · THE WITNESS:· Oh, okay.· No. 17· · · · · · MR. HOY:· -- deposition, then say no. 18· · · · · · THE WITNESS:· No. 19· · · · · · MR. HOY:· But remember, it's got to be very 20· ·specific. 21· · · · · · THE WITNESS:· If it's -- yeah. 22· ·BY MR. NAKASE: 23· · · ·Q· · Did you bring all writings and communication 24· ·concerning Cuc Le's fall?· Let's start over. 25· · · · · · On Exhibit 41, Page 7, Line 19, Number 2, it ·1· ·says to produce all writing and communications ·2· ·concerning Cuc Le's fall. ·3· · · ·A· · Uh-huh. ·4· · · ·Q· · Did you bring all those documents? ·5· · · · · · MR. HOY:· Assuming facts not in evidence ·6· ·because we don't -- we haven't established there are ·7· ·such documents. ·8· · · · · · But to the extent any such documents exist, ·9· ·did you bring them or -- I mean, do any exist? I 10· ·mean, just because it's written on here, I'm just 11· ·going to tell you, it doesn't necessarily mean you 12· ·have any.· So this isn't -- this isn't meant to be 13· ·tricky. 14· · · · · · THE WITNESS:· Well, all the information that 15· ·we have is there. 16· ·BY MR. NAKASE: 17· · · ·Q· · Did you look?· Did you make a search for all 18· ·the writings and communications concerning Cuc Le's 19· ·fall? 20· · · ·A· · Yes. 21· · · ·Q· · And when did you look?· When did you make 22· ·the search? 23· · · ·A· · In -- in my lo- -- at my location? 24· · · ·Q· · At all. 25· · · ·A· · Before -- before coming here. ·1· · · ·Q· · Okay.· When did you make that search? ·2· · · ·A· · This week. ·3· · · ·Q· · When? ·4· · · ·A· · Monday. ·5· · · ·Q· · What time? ·6· · · ·A· · I don't know. ·7· · · ·Q· · How long did you spend searching for ·8· ·documents in connection with Exhibit 41? ·9· · · ·A· · I don't know how long I spent.· I -- I did 10· ·not record how long I was looking for it. 11· · · ·Q· · Give us your best estimate. 12· · · ·A· · I don't know how long I was searching or 13· ·looked because in -- I don't know.· I don't know how 14· ·long.· I don't -- 15· · · ·Q· · Give us your best estimate.· Was it 30 16· ·minutes? 17· · · ·A· · I -- I don't know how long.· I'm going to 18· ·estimate -- then I would probably guess around an 19· ·hour or so or an hour and a half.· But that's just -- 20· · · ·Q· · And in connection with Exhibit 41, at what 21· ·locations -- strike that. 22· · · · · · With respect to Exhibit 41 asking you to 23· ·produce documents, what did you search for documents? 24· · · ·A· · At SF San Diego? 25· · · ·Q· · Anywhere. ·1· · · ·A· · I can only -- at SF San Diego, if I have -- ·2· ·if -- if -- regarding her fall? ·3· · · ·Q· · In connection with Exhibit 41. ·4· · · ·A· · My -- the report that I wrote. ·5· · · ·Q· · Is that all you searched for? ·6· · · ·A· · And -- I don't know what else you asked me ·7· ·to search for, though. ·8· · · ·Q· · What else did you search for in connection ·9· ·with Exhibit 41? 10· · · ·A· · I -- I -- I don't know the terms, all the 11· ·terms that you're requesting me to search for.· Like 12· ·what kind of -- 13· · · ·Q· · Did you -- 14· · · · · · MR. HOY:· I think -- I think I know some of 15· ·the possible problems here, and that is that some of 16· ·these -- some of these documents I have brought.· She 17· ·may not be able to speak of them. 18· · · · · · So I think what he's asking you, for you, 19· ·yourself, in your search, where did you go and what 20· ·did you look for?· If there's something on this 21· ·document that you don't have access to, then you 22· ·weren't going to search for it. 23· · · · · · THE WITNESS:· I don't -- okay.· So -- 24· · · · · · MR. HOY:· Just what did you -- you know, I 25· ·am not trying to, you know, harp or anything, but ·1· ·it's really a simple question. ·2· · · · · · And -- and so to the extent that you looked ·3· ·at this and you found -- and you reviewed it and ·4· ·said, okay, look, this is something that I need to ·5· ·look for, he wants to know where did you look for it ·6· ·and what were you looking for. ·7· · · · · · THE WITNESS:· But I can't -- I don't have ·8· ·these to look for. ·9· · · · · · MR. HOY:· I understand.· So I think what he 10· ·said that he's asking is just what -- what did you 11· ·look for and where did you look.· And to the extent 12· ·there's other things you may not have, you can say, 13· ·you know, "I didn't look for insurance policies 14· ·because I didn't have any." 15· · · · · · THE WITNESS:· Yeah. 16· · · · · · MR. HOY:· You know, to explain and 17· ·explaining is fine. 18· · · · · · THE WITNESS:· Yeah, but I -- I -- I don't 19· ·have the insurance policy to look for.· I -- I -- 20· · · · · · MR. HOY:· But just give him what he -- what 21· ·he asks for, though. 22· · · · · · Can we go back to that question?· And then 23· ·maybe we'll get an answer. 24· ·BY MR. NAKASE: 25· · · ·Q· · Do you agree with your counsel? ·1· · · ·A· · Yes. ·2· · · ·Q· · Yes? ·3· · · ·A· · Yes. ·4· · · ·Q· · Okay.· You earlier informed us that you ·5· ·spent an hour searching for documents in connection ·6· ·with Exhibit 41. ·7· · · · · · Is my understanding correct? ·8· · · ·A· · Yes. ·9· · · ·Q· · In that one hour that you spent searching 10· ·for documents, what did you search for? 11· · · ·A· · Whatever you're asking me in here. 12· · · ·Q· · What did you search for? 13· · · ·A· · Policies. 14· · · ·Q· · Are you able to remember anything that you 15· ·searched for when you spent that hour searching for 16· ·documents in connection with 40 -- Exhibit 41? 17· · · ·A· · I spent an hour -- about -- about, because 18· ·you asked me to estimate, and I don't know.· Because 19· ·in search for all this, I've -- I've been distracted 20· ·from customers asking questions.· So I can't 21· ·completely answer you like exactly what did you 22· ·search for. 23· · · · · · It's -- it's a supermarket.· So when 24· ·someone -- if there's a customer, I have to respond 25· ·to that. ·1· · · ·Q· · It's not a trick question.· I mean, as your ·2· ·counsel said, it's not -- I just want to know what ·3· ·you searched for. ·4· · · · · · MR. HOY:· Let me -- ·5· ·BY MR. NAKASE: ·6· · · ·Q· · So -- ·7· · · · · · MR. HOY:· Okay. ·8· ·BY MR. NAKASE: ·9· · · ·Q· · When you were searching for documents in 10· ·connection with Exhibit 41, did you make an inquiry 11· ·with anybody for the documents that were being asked? 12· · · ·A· · No. 13· · · ·Q· · Inviting your attention back to Exhibit 41, 14· ·Page 7, Number 4, could you read that for us, please? 15· · · ·A· · "All insurance policies covering injuries to 16· ·customer on May 2nd, 2017." 17· · · ·Q· · Did you search for those documents? 18· · · ·A· · I don't have that to search.· I don't have 19· ·it in my -- 20· · · · · · MR. HOY:· So the answer would be no. 21· · · · · · THE WITNESS:· No. 22· · · · · · MR. HOY:· It's okay to say "no." 23· ·BY MR. NAKASE: 24· · · ·Q· · Who would I ask for those documents, the 25· ·insurance policies covering May 2nd, 2017? ·1· · · ·A· · I don't know.· Huy Trieu. ·2· · · ·Q· · Inviting your attention to Number 5, could ·3· ·you read that, please. ·4· · · ·A· · "All comprehensive general liability ·5· ·insurance policies covering May 2nd, 2017." ·6· · · ·Q· · Did you search for those documents? ·7· · · ·A· · I don't have it in my store. ·8· · · ·Q· · Did you search? ·9· · · ·A· · So I looked, but I don't have it in my 10· ·store. 11· · · ·Q· · Okay. 12· · · ·A· · All these. 13· · · ·Q· · Inviting you to Number -- your attention to 14· ·Number 6.· It asks about all excess insurance policy 15· ·covering May 2nd, 2017. 16· · · · · · Did you search for those documents? 17· · · ·A· · I've searched for all documents from 4 to 7. 18· ·I don't have it in my store. 19· · · ·Q· · Did you make an inquiry? 20· · · ·A· · No. 21· · · ·Q· · And why didn't you make an inquiry? 22· · · ·A· · I would have called Huy Trieu, but I didn't. 23· · · ·Q· · And why didn't you? 24· · · ·A· · Distracted from customers, helping out 25· ·customers. ·1· · · ·Q· · Was it because that these documents that ·2· ·were requested from 1 through 7 was not important to ·3· ·you? ·4· · · ·A· · Was -- no. ·5· · · ·Q· · No, it was not important? ·6· · · ·A· · No, it's not that it's not important. ·7· · · ·Q· · Okay.· Was it important to you that you ·8· ·produce these documents? ·9· · · ·A· · These are -- these are in like -- I don't 10· ·have insurance policy.· But I -- but 1, 2, 3, it's 11· ·brought here today, right? 12· · · ·Q· · For Number 4 through 7, Exhibit 41, did you 13· ·make an inquiry?· Did you make an inquiry? 14· · · ·A· · No. 15· · · ·Q· · To obtain the documents? 16· · · ·A· · No. 17· · · ·Q· · Why not? 18· · · · · · MR. HOY:· If there's a reason, give him a 19· ·reason.· Don't make up a reason.· Just answer the 20· ·question, if I might. 21· · · · · · THE WITNESS:· No, I'm just trying to 22· ·remember what happened when I was searching. 23· · · · · · MR. HOY:· Okay. 24· · · · · · THE WITNESS:· But I just couldn't -- I -- 25· ·I -- I couldn't remember why -- I -- I -- when I was ·1· ·searching, I didn't see -- I was helping customers. ·2· ·It's a busy time of the day, like customers asking ·3· ·for things, and -- ·4· ·BY MR. NAKASE: ·5· · · ·Q· · Did you bring SF San Diego, Inc.'s, ·6· ·corporate bylaws? ·7· · · ·A· · Corporate what? ·8· · · ·Q· · Corporate bylaws? ·9· · · ·A· · Corporate bylaws?· What is that? 10· · · ·Q· · Did you search?· Inviting your attention to 11· ·Exhibit 41, Page 8, Line 2.· Could you read Number 9, 12· ·please. 13· · · ·A· · "SF San Diego, Incorporated's, corporate 14· ·bylaws." 15· · · · · · No, I don't have it. 16· · · ·Q· · Did you search? 17· · · ·A· · I don't have that one.· I didn't look at 18· ·that. 19· · · ·Q· · Did you make an inquiry? 20· · · ·A· · No. 21· · · ·Q· · Inviting your attention to Number 9, could 22· ·you read that, please. 23· · · ·A· · "All writings and communications related to 24· ·recordkeeping policies for SF San Diego, Inc." 25· · · ·Q· · Did you make a search or inquiry for Number ·1· ·9? ·2· · · · · · MR. HOY:· Assuming that Number 9 exists. I ·3· ·mean, so I'll object that it assumes facts not in ·4· ·evidence.· Maybe finding out if there is a ·5· ·recordkeeping policy would be a good thing to know ·6· ·before we're searching for it. ·7· · · · · · THE WITNESS:· No. ·8· ·BY MR. NAKASE: ·9· · · ·Q· · No, you did not make a inquiry? 10· · · ·A· · No. 11· · · ·Q· · Or a search? 12· · · ·A· · No. 13· · · ·Q· · No, you didn't? 14· · · ·A· · No. 15· · · ·Q· · Okay.· Do you know if there are any writings 16· ·related to recordkeeping policies for SF San Diego, 17· ·Inc.? 18· · · ·A· · No, I don't know. 19· · · ·Q· · Inviting your attention to Number 10.· Could 20· ·you read that, please. 21· · · ·A· · "Receipt for" -- oh, "and/or invoices 22· ·reflecting the purchase of the surveillance camera 23· ·and its connected electronics in the store." 24· · · ·Q· · Did you understand that, Number 10? 25· · · ·A· · Looking for receipts for the purchase of the ·1· ·cameras? ·2· · · ·Q· · Yes. ·3· · · ·A· · I don't -- I don't have them. ·4· · · ·Q· · Did you search or inquire? ·5· · · ·A· · I -- we -- we don't -- I don't have them. ·6· · · ·Q· · Did you understand my question? ·7· · · · · · MR. HOY:· I'm going to object as ·8· ·argumentative then. ·9· · · · · · THE WITNESS:· There's -- there's -- I don't 10· ·know if there is a receipt that existed, so I don't 11· ·know.· So I don't -- I didn't inquire. 12· ·BY MR. NAKASE: 13· · · ·Q· · Why did you not inquire or search for the 14· ·documents sought in Number 10 of Exhibit -- Number 10 15· ·for Exhibit 41? 16· · · ·A· · Because I don't have a receipt for that. 17· · · ·Q· · Inviting your attention to Number 12, could 18· ·you read that, please. 19· · · ·A· · "All surveillance videos of the latest date 20· ·(one day) that were recorded in the fruit and produce 21· ·areas of premises where Cuc Le fell." 22· · · ·Q· · Did you bring a copy of the surveillance 23· ·video for the most recent day in connection with 24· ·Number 12? 25· · · ·A· · All surveillance videos of the latest ·1· ·date -- is Number 12 asking me if I have all the ·2· ·videos of the fall for Cuc Le? ·3· · · ·Q· · Do you understand the question? ·4· · · ·A· · No. ·5· · · ·Q· · Did you read that question? ·6· · · ·A· · "All surveillance video of the latest date ·7· ·(one day) that were recorded in the fruit and produce ·8· ·area of the premises where" -- do I have all the ·9· ·surveillance of the videos of that date? 10· · · ·Q· · Did you discuss Number 12 with your counsel? 11· · · · · · MR. HOY:· Attorney/client privilege. 12· ·BY MR. NAKASE: 13· · · ·Q· · Did you understand Number 12? 14· · · ·A· · No, I don't understand Number 12. 15· · · ·Q· · Did you ever speak with anybody regarding 16· ·Number 12? 17· · · ·A· · I didn't understand 12 to respond to that. 18· · · ·Q· · Okay.· If you didn't understand it, did you 19· ·speak with anybody that would understand? 20· · · ·A· · No, I didn't speak to anyone. 21· · · ·Q· · And why not? 22· · · ·A· · Regarding -- well -- 23· · · · · · MR. NAKASE:· Mark transcript. 24· · · · · · THE WITNESS:· All surveillance videos of the 25· ·latest dates that were recorded in the fruit and ·1· ·produce -- is number -- are you asking me of all -- ·2· ·the surveillance videos that I have for Cuc Le's ·3· ·fall?· I don't -- ·4· · · · · · MR. NAKASE:· Madam Court Reporter, is the ·5· ·transcript time-stamped? ·6· · · · · · Thank you.· I want it on the transcript. ·7· · · · · · THE WITNESS:· I don't -- ·8· ·BY MR. NAKASE: ·9· · · ·Q· · Did you bring any videos with you? 10· · · ·A· · I don't -- 11· · · ·Q· · Did you search for any videos -- 12· · · ·A· · The videos that I have was turned in with my 13· ·report. 14· · · ·Q· · I'm asking you did you search for any videos 15· ·in the last three days? 16· · · ·A· · No. 17· · · ·Q· · Why not? 18· · · ·A· · Because the videos are only held for a 19· ·certain amount of time and it just wipes out. 20· · · ·Q· · Uh-huh. 21· · · · · · MR. HOY:· I think I know the problem here. 22· ·You're referring to the video capturing the fall or 23· ·the date of the fall. 24· · · · · · What counsel is asking for is are you -- did 25· ·you review any recently-taken video that has nothing ·1· ·to do with the fall in preparation for this ·2· ·deposition. ·3· · · · · · I believe what he wanted is some video of ·4· ·the last -- the most recent time from a camera.· It ·5· ·didn't have the fall.· But it was just a video from ·6· ·those cameras that show the -- the produce area. ·7· · · · · · THE WITNESS:· That's what I was trying to ·8· ·ask. ·9· · · · · · MR. HOY:· Okay.· So if you -- if you did 10· ·bring those, then tell him you brought them. 11· · · · · · THE WITNESS:· No. 12· · · · · · MR. HOY:· And if you didn't, then tell him 13· ·you didn't. 14· · · · · · And if you didn't search for it because you 15· ·didn't understand the question, then tell him that. 16· ·And if you didn't inquire, tell him why not.· Just, 17· ·you know -- 18· · · · · · THE WITNESS:· I was trying to -- I wanted -- 19· ·I wanted to find out because I asked did you -- 20· ·I'm -- I'm confused with Question Number 12, and I -- 21· ·BY MR. NAKASE: 22· · · ·Q· · Okay.· Did you estimate that there were -- 23· ·that there was an estimate of three to four 24· ·surveillance cameras in the produce area? 25· · · · · · MR. HOY:· As of 2017. ·1· · · · · · THE WITNESS:· From the -- ·2· · · · · · MR. HOY:· What -- I'm sorry.· I'll just -- ·3· · · · · · THE WITNESS:· From -- from -- I -- the -- ·4· ·you just asked me if I had three to four cameras ·5· ·at -- on that date of May 2017?· May 2nd, 2017? ·6· ·BY MR. NAKASE: ·7· · · ·Q· · That's fine.· You can answer that question. ·8· · · ·A· · Yeah, I did say that there's about three to ·9· ·four cameras. 10· · · ·Q· · Are there three to four cameras in the 11· ·produce area today? 12· · · ·A· · Yes. 13· · · ·Q· · Has there been any changes to the number of 14· ·camera in the produce area since May 2nd, 2017? 15· · · ·A· · No, I don't think so. 16· · · ·Q· · Has there been any changes in the locations 17· ·of those three to four surveillance camera in the 18· ·produce area since May 2nd -- May 2nd, 2017, to 19· ·present? 20· · · ·A· · No. 21· · · ·Q· · And how do you know that? 22· · · ·A· · Because I didn't move any. 23· · · ·Q· · Okay.· And you would be the only person 24· ·that's been making the decision regarding changing 25· ·the location of the surveillance camera? ·1· · · ·A· · Uh-huh. ·2· · · ·Q· · And you would be the only person that makes ·3· ·the decision concerning the number of cameras that ·4· ·needs to be replaced or removed? ·5· · · ·A· · Uh-huh. ·6· · · ·Q· · Is that correct? ·7· · · ·A· · Yes. ·8· · · ·Q· · Okay. ·9· · · · · · MR. NAKASE:· May I invite us to take a break 10· ·because the videographer needs to take a break to 11· ·change out -- 12· · · · · · THE VIDEOGRAPHER:· This marks the end of 13· ·Media Number 1 in the video deposition of Margie 14· ·Wong.· Going off the record.· The time is 11:25 a.m. 15· · · · · · (Recess) 16· · · · · · THE VIDEOGRAPHER:· This marks the beginning 17· ·of Media Number 2 in the deposition of Margie Wong. 18· ·Today's date is January 8th, 2020.· Back on the 19· ·record.· The time is 11:37 a.m. 20· ·BY MR. NAKASE: 21· · · ·Q· · Ms. Wong, we were talking about Request 22· ·Number 12, which asked for all surveillance videos of 23· ·the latest date that were recorded in the fruit and 24· ·produce area in your store. 25· · · · · · Will you agree to produce the surveillance ·1· ·video for January 6th, 2020? ·2· · · ·A· · Yes. ·3· · · · · · MR. HOY:· Does that still exist? ·4· · · · · · THE WITNESS:· January 6th?· It should. ·5· ·BY MR. NAKASE: ·6· · · ·Q· · Okay.· And how long do those videos stay on ·7· ·the computer until it's deleted? ·8· · · ·A· · I believe two weeks. ·9· · · ·Q· · Two weeks?· 14 days? 10· · · ·A· · Yes. 11· · · ·Q· · Okay.· And how do you know that? 12· · · ·A· · Kevin -- Kevin. 13· · · ·Q· · Kevin who? 14· · · ·A· · The camera -- 15· · · ·Q· · Camera what? 16· · · ·A· · The camera -- the camera -- the camera guy. 17· · · ·Q· · What's his last name? 18· · · ·A· · I don't know his last name. 19· · · ·Q· · Is he still employed with the company? 20· · · ·A· · He's -- he's not with -- he's -- 21· · · · · · MR. HOY:· Is he an employee of the company? 22· · · · · · THE WITNESS:· No. 23· · · · · · MR. HOY:· Okay.· Does he -- 24· · · · · · THE WITNESS:· He's -- he's not. 25· ·/// ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Who is he employed with? ·3· · · ·A· · He -- I don't know who he's employed with. ·4· ·He's not employed through SF San Diego. ·5· · · ·Q· · And how do you reach Kevin? ·6· · · ·A· · Call him. ·7· · · ·Q· · And do you have his phone number? ·8· · · ·A· · Yes. ·9· · · ·Q· · And where is his phone number -- where is 10· ·Kevin's phone number located? 11· · · ·A· · On my phone. 12· · · ·Q· · On your cell phone? 13· · · ·A· · Yes. 14· · · ·Q· · Okay.· And how frequently do you contact 15· ·Kevin? 16· · · ·A· · Not -- not -- I don't contact him. 17· · · ·Q· · Okay.· Do you need Kevin's assistance to 18· ·extract the videos -- the surveillance video in the 19· ·produce area? 20· · · ·A· · No. 21· · · ·Q· · For January 6th, 2020? 22· · · ·A· · January 6, 2020?· No, I don't. 23· · · ·Q· · You don't need assistance? 24· · · ·A· · (Witness shakes head.) 25· · · ·Q· · Okay.· And you can do it by yourself? ·1· · · ·A· · (Witness nods head.) ·2· · · ·Q· · And how long would it take you to extract ·3· ·the videos from the computer for January 6, 2020, to ·4· ·comply with Number 12 of Exhibit 41? ·5· · · ·A· · How long do you want the video to be? ·6· · · ·Q· · The entire day. ·7· · · ·A· · You want the entire day? ·8· · · · · · MR. HOY:· Twenty-four hours of video camera ·9· ·surveillance from four cameras? 10· · · · · · I will -- I will object as overburden. 11· ·Relevance.· Overbroad.· Relevance. 12· ·BY MR. NAKASE: 13· · · ·Q· · Is that something that you can produce? 14· · · ·A· · I can -- I can -- you want, like, the entire 15· ·day of all the cameras or -- 16· · · ·Q· · Is it recorded 24 hours a day? 17· · · ·A· · Yes. 18· · · ·Q· · Okay.· Then it would be the entire day. 19· · · ·A· · Okay. 20· · · · · · MR. HOY:· Then I'm going to -- I'm going to 21· ·say that it -- you can make a request in discovery on 22· ·that. 23· · · · · · MR. NAKASE:· That's what's Number 12. 24· · · · · · MR. HOY:· It's not.· It doesn't -- it's 25· ·overbroad. ·1· · · · · · MR. NAKASE:· It's okay. ·2· · · · · · MR. HOY:· It doesn't say 24 hours.· And we ·3· ·didn't even understand the question.· So -- ·4· · · · · · MR. NAKASE:· That's okay.· We don't have to ·5· ·argue about it here. ·6· · · · · · MR. HOY:· Well, we can meet and confer on ·7· ·it. ·8· ·BY MR. NAKASE: ·9· · · ·Q· · Are you able to produce the videos for 10· ·January 6, 2020? 11· · · ·A· · Yes. 12· · · ·Q· · Okay.· And how long would it take you to 13· ·extract the video and put it on a thumb drive? 14· · · ·A· · Oh, it's going -- it has to sit there and it 15· ·has to run and then saved into a thumb drive. 16· · · · · · MR. HOY:· And would -- would -- apparently 17· ·25 cameras -- because you're not even saying how many 18· ·cameras you're after.· So would 25 cameras running 24 19· ·hours a day -- 20· · · · · · MR. NAKASE:· I didn't ask -- 21· · · · · · MR. HOY:· -- fit on a thumb drive? 22· · · · · · MR. NAKASE:· I didn't ask that. 23· · · · · · MR. HOY:· You said cameras. 24· · · · · · MR. NAKASE:· I said just for the produce 25· ·area. ·1· · · · · · MR. HOY:· Now you're saying that. ·2· · · · · · MR. NAKASE:· Which is Number 12. ·3· · · · · · THE WITNESS:· Okay. ·4· · · · · · MR. NAKASE:· I'm only asking about Number ·5· ·12. ·6· · · · · · THE WITNESS:· Okay. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · How long would it take for you in terms of ·9· ·time to make a copy of the surveillance videos in the 10· ·produce area and put it on a thumb drive? 11· · · ·A· · I don't know how long it will take.· If you 12· ·want all 24 hours of however -- like -- like in the 13· ·produce area, I would have to hit it and let it sit 14· ·and see how long it rolls.· And then I don't know if 15· ·it's going to be big enough to put in that thumb 16· ·drive.· So I -- to tell you how long, I don't know. 17· ·But I -- 18· · · ·Q· · Isn't January 6, 2012, already been 19· ·recorded? 20· · · ·A· · It has. 21· · · ·Q· · Okay. 22· · · ·A· · But I don't know how long it will take me 23· ·to -- 24· · · ·Q· · Make a copy? 25· · · ·A· · Because I have to go in -- back -- go back ·1· ·in there and then hit cut and then do -- like can I ·2· ·speed it up or -- or how -- how long the process will ·3· ·take.· Like how long -- ·4· · · · · · MR. HOY:· Is it something you can just push ·5· ·a download button and it downloads at the speed of a ·6· ·computer or are you literally taping what is being ·7· ·shown on the screen? ·8· · · · · · THE WITNESS:· It's -- it's -- it's -- I have ·9· ·to go -- it's not like already downloaded and saved. 10· ·I have to go in there and click the date that you 11· ·want and let it run.· And then once it runs to the 12· ·end of that day, hit stop, and then it will -- I 13· ·don't know how to explain. 14· ·BY MR. NAKASE: 15· · · ·Q· · It has to run?· Is -- isn't the video 16· ·recorded on a day-to-day basis, 24 hours a day? 17· · · ·A· · It's recorded every single day. 18· · · ·Q· · Okay. 19· · · ·A· · But it doesn't -- it's -- you have -- I have 20· ·to -- okay.· So I have to go back and play back. 21· · · ·Q· · Okay. 22· · · ·A· · And then hit cut or -- it's cut and paste. 23· ·So I hit "Cut."· And then if I want to stop, I hit 24· ·"Stop."· And then it will -- it will save.· And then 25· ·it will ask -- and then if I hit "Stop," and it will ·1· ·ask me if I want to save it to a thumb drive, and ·2· ·then I have to do -- I hit "Yes." ·3· · · · · · But for like a video, if I do like ten ·4· ·minutes, then I sit there and watch it finish ten ·5· ·minutes and then hit "Stop."· Do you understand? ·6· · · · · · You're probably thinking that it's already ·7· ·saved in there.· All I do is go in there and grab ·8· ·that file and go. ·9· · · ·Q· · Okay. 10· · · ·A· · Is that what you're thinking?· Because I 11· ·have to sit there and watch the video roll. 12· · · ·Q· · Okay.· You can't specify the time that you 13· ·want the video to copy and stop? 14· · · ·A· · I -- I -- I just know that it's not like I 15· ·go -- I -- it's not where you go in there and click, 16· ·okay, I want this time, this time, this time and 17· ·this. 18· · · · · · It's I -- when I do a video, like ten 19· ·minutes, I literally have to sit there ten minutes 20· ·and -- 21· · · ·Q· · Okay. 22· · · ·A· · And so that's why I asked you did you want 23· ·the entire 24 hours. 24· · · ·Q· · Okay.· And if it's okay with you, with your 25· ·counsel's consent, let's do this.· I don't want to ·1· ·burden you more than necessary.· Okay.· Will you ·2· ·agree to give us 30 minutes from each camera for ·3· ·January 6, 2020? ·4· · · ·A· · Thirty minutes? ·5· · · ·Q· · Thirty minutes.· Is that okay with you? ·6· · · ·A· · Yes. ·7· · · · · · MR. NAKASE:· Is that okay with you, Counsel? ·8· · · · · · MR. HOY:· Preliminarily, I would say yes. ·9· · · · · · MR. NAKASE:· It's quite reasonable, isn't 10· ·it, 30 minutes? 11· · · · · · MR. HOY:· I'm saying it does not -- it 12· ·doesn't sound overly burdensome. 13· · · · · · MR. NAKASE:· Yeah. 14· · · · · · MR. HOY:· I just want to make sure that the 15· ·technical aspect is something that you're going to be 16· ·capable of.· I don't want you to overpromise, but it 17· ·seems like right now that seems reasonable. 18· · · · · · THE WITNESS:· Okay.· Yeah. 19· · · · · · MR. NAKASE:· Okay. 20· · · · · · MR. HOY:· If there is a problem, I'll let 21· ·you know, but I don't think there will be. 22· · · · · · MR. NAKASE:· That's fine.· That's fine. 23· ·BY MR. NAKASE: 24· · · ·Q· · What time does your store open in the 25· ·morning? ·1· · · ·A· · 8 o'clock. ·2· · · ·Q· · Okay.· So let's do this:· Let's just -- 30 ·3· ·minutes from each camera in the produce area starting ·4· ·from 8:00 a.m. to 8:30 for January 6, 2020.· Is that ·5· ·okay with you? ·6· · · ·A· · Okay. ·7· · · ·Q· · Okay. ·8· · · · · · MR. HOY:· Okay.· And just to clarify, are we ·9· ·talking about where the surveillance is actually of 10· ·the produce area?· Because what if there's a camera 11· ·in the produce area that's shot towards the deli or 12· ·whatever.· I mean -- 13· · · · · · MR. NAKASE:· Any cameras in the produce 14· ·area.· That's all that matters, yeah. 15· · · · · · MR. HOY:· I mean, is there a defined produce 16· ·area? 17· · · · · · THE WITNESS:· To shoot -- do you want -- 18· · · · · · MR. HOY:· How many cameras are we talking 19· ·about? 20· · · · · · THE WITNESS:· I don't know. 21· ·BY MR. NAKASE: 22· · · ·Q· · There's only, you said, three to four in 23· ·there. 24· · · ·A· · I -- I was -- you told me to estimate how 25· ·many cameras I had.· And I told you if I had to ·1· ·estimate, probably around three, but -- to four. I ·2· ·have to go back and check the cameras, though. ·3· · · ·Q· · That's fine. ·4· · · ·A· · So I -- I don't know how many cameras.· But ·5· ·you asked me to estimate, so that's what I said, ·6· ·but -- ·7· · · · · · MR. HOY:· Was -- was your understanding at ·8· ·that time cameras that were taking footage of the ·9· ·produce area or just located in the produce area? 10· · · · · · THE WITNESS:· I mean, that was -- I was 11· ·going to ask, like, do you want it capturing the 12· ·produce? 13· ·BY MR. NAKASE: 14· · · ·Q· · Yeah. 15· · · ·A· · Okay. 16· · · ·Q· · Yeah.· The produce area.· You know there's 17· ·a produce -- okay.· Let me start again. 18· · · · · · In your store, there's a produce room.· Do 19· ·you agree? 20· · · ·A· · Yes. 21· · · ·Q· · Okay.· In that produce room, it's like a 22· ·square shape.· Do you agree? 23· · · ·A· · Yes. 24· · · ·Q· · And in order to get into the produce room, 25· ·you have to walk into a corridor.· Do you agree? ·1· · · ·A· · Uh-huh. ·2· · · ·Q· · Do you agree? ·3· · · ·A· · There's -- there's -- yes, there's -- ·4· · · ·Q· · Okay.· Now, in the produce room, do you ·5· ·estimate that there's three to four cameras, ·6· ·surveillance cameras? ·7· · · ·A· · It -- it may be -- may be three to four. ·8· · · ·Q· · That's fine. ·9· · · ·A· · Maybe. 10· · · ·Q· · That's all I want. 11· · · ·A· · Okay. 12· · · ·Q· · Is that okay with you? 13· · · ·A· · If I don't have -- like if I don't have 14· ·three to four -- I have to look at a camera what -- 15· ·on -- on how many cameras is in the produce -- that 16· ·captures the produce area. 17· · · ·Q· · That's fine. 18· · · ·A· · Okay. 19· · · ·Q· · That's fine.· Is that okay with you? 20· · · ·A· · Okay. 21· · · ·Q· · Okay.· And do you agree that's reasonable, 22· ·30 minutes per camera? 23· · · ·A· · (Witness nods head.) 24· · · ·Q· · Yes? 25· · · ·A· · Yes. ·1· · · ·Q· · Okay. ·2· · · · · · MR. HOY:· That's an objective term, but ·3· ·okay. ·4· · · · · · MR. NAKASE:· Okay. ·5· ·BY MR. NAKASE: ·6· · · ·Q· · Inviting your attention to Exhibit 41, Page ·7· ·8, Item Number 13, could you read that, please. ·8· · · ·A· · "All policies and instructions regarding ·9· ·surveillance videos daily preservation." 10· · · ·Q· · Did you understand that, Number 13, when you 11· ·read it? 12· · · ·A· · Did you want me to -- did you want -- do you 13· ·want me -- 14· · · ·Q· · Did you understand it? 15· · · ·A· · "All policies and instructions regarding 16· ·videos and daily preservation." 17· · · · · · I -- you're asking me for the policies? 18· · · ·Q· · Yes.· Or instructions. 19· · · ·A· · Or instructions.· I don't have policies 20· ·regarding preservation of the videos. 21· · · ·Q· · Okay.· Did you look? 22· · · ·A· · I know, so I didn't -- I know that I don't 23· ·have it, so I -- no. 24· · · ·Q· · Okay.· Did you inquire? 25· · · ·A· · No. ·1· · · ·Q· · Number 14, could you read that, please? ·2· · · ·A· · "All policies for preservation of ·3· ·surveillance videos when a person is injured on the ·4· ·premises." ·5· · · ·Q· · Did you search for that? ·6· · · ·A· · I don't have it. ·7· · · ·Q· · Did you inquire? ·8· · · ·A· · No. ·9· · · ·Q· · Did you search? 10· · · ·A· · Yes. 11· · · ·Q· · You did? 12· · · ·A· · Yes. 13· · · ·Q· · And how did you search? 14· · · ·A· · On premises. 15· · · ·Q· · And where did you look?· Where did you look? 16· · · ·A· · In my -- the files. 17· · · ·Q· · Okay.· And does -- does the policy for 18· ·preservation of surveillance videos exist? 19· · · ·A· · I don't know.· I -- I don't know if it -- if 20· ·we have that policy.· I don't have -- 21· · · ·Q· · Okay.· Number 16, could you read that, 22· ·please? 23· · · ·A· · "All writings and communications relating to 24· ·preservation of the surveillance videos recorded on 25· ·May 2nd, 2017." ·1· · · ·Q· · Did you make a search for -- for Number 16? ·2· · · ·A· · Writing to preserve that day, I don't have ·3· ·anything asking me. ·4· · · ·Q· · Okay.· So there's no writings to preserve ·5· ·videos for May 2nd, 2017? ·6· · · ·A· · No. ·7· · · ·Q· · Okay.· And did you search? ·8· · · ·A· · There isn't one, so I didn't -- there's no ·9· ·writing. 10· · · ·Q· · And how do you know that? 11· · · ·A· · Because I don't have -- 12· · · ·Q· · Because one doesn't exist?· Is that -- is 13· ·that what you're trying to say? 14· · · · · · MR. HOY:· You can only speak of to what you 15· ·know, but do you know of any writing where there was 16· ·a request for preservation of the video? 17· · · · · · THE WITNESS:· I -- no, I don't know.· You're 18· ·asking me if there's anything in writing to ask to 19· ·preserve for that video.· I don't know. 20· ·BY MR. NAKASE: 21· · · ·Q· · Okay.· Number 18, Exhibit 41, Page 8, Number 22· ·18, could you read that, please? 23· · · ·A· · "The uncut, unedited and continuous -- 24· ·continuous of the surveillance video recorded on May 25· ·2nd, 2019"? ·1· · · ·Q· · Oh, strike that.· That's wrong.· Let's move ·2· ·on. ·3· · · · · · MR. HOY:· There's going to be a lot of that ·4· ·coming up. ·5· ·BY MR. NAKASE: ·6· · · ·Q· · Has there been any repairs or maintenance ·7· ·for the surveillance camera since May 2nd, 2019? ·8· ·Sorry.· 2017. ·9· · · ·A· · I don't think so. 10· · · ·Q· · Okay.· Let's move on. 11· · · · · · Do you know who is the best employee to 12· ·speak for SF San Diego about this case? 13· · · · · · MR. HOY:· Overbroad as to what aspect of the 14· ·case. 15· · · · · · THE WITNESS:· The best employee to ask 16· ·regarding Cuc Le -- Cuc Le's case? 17· ·BY MR. NAKASE: 18· · · ·Q· · Yes. 19· · · ·A· · What kind of -- like -- me. 20· · · ·Q· · Safety. 21· · · ·A· · Me. 22· · · ·Q· · Okay.· Do you know who the best person to 23· ·ask about identification of trip hazards in the 24· ·store? 25· · · ·A· · Me. ·1· · · ·Q· · And that's because you're the person who ·2· ·makes up the policies for the store regarding trip ·3· ·hazards? ·4· · · · · · MR. HOY:· Misstates testimony. ·5· · · · · · THE WITNESS:· I -- I make the policies? ·6· ·BY MR. NAKASE: ·7· · · ·Q· · Yes.· Who makes the decision regarding ·8· ·policies for trip hazards? ·9· · · · · · MR. HOY:· I'm going to object again. 10· ·Assumes facts not in evidence and vague. 11· ·BY MR. NAKASE: 12· · · ·Q· · Who makes the decision concerning the safety 13· ·of the store to the customers? 14· · · ·A· · Who makes the policy on -- 15· · · ·Q· · To -- okay.· Let me start over.· Okay? 16· · · · · · MR. HOY:· And also -- 17· · · · · · MR. NAKASE:· It's a very -- 18· · · · · · MR. HOY:· -- "decisions" may or may not mean 19· ·the same thing as "policies." 20· · · · · · So I'm -- I'm going to object when you say 21· ·"policies" that it is overbroad.· Because that may 22· ·not necessarily be reflected in -- the -- the 23· ·equivalent as a decision. 24· ·BY MR. NAKASE: 25· · · ·Q· · Are you the person that makes the policies ·1· ·concerning trip hazards for the store? ·2· · · ·A· · Am I the one making policy -- writing the ·3· ·policies? ·4· · · ·Q· · Yes. ·5· · · ·A· · No. ·6· · · ·Q· · Are you the person that determines what is ·7· ·done to protect the safety of the customers for the ·8· ·store? ·9· · · ·A· · What is done for the safety of the 10· ·customers? 11· · · ·Q· · Yes. 12· · · ·A· · In the store? 13· · · ·Q· · Yes.· Is that you? 14· · · ·A· · Yeah. 15· · · ·Q· · Okay.· Are you the person that makes all the 16· ·decisions concerning trip hazard safety for the 17· ·store? 18· · · · · · MR. HOY:· Objection.· Vague and overbroad. 19· ·Calls for speculation. 20· · · · · · THE WITNESS:· Am I the one making the 21· ·decisions for policies for the trip hazard of the 22· ·store?· No. 23· ·BY MR. NAKASE: 24· · · ·Q· · Let me say it again.· If you don't 25· ·understand the question, please let me know. ·1· · · ·A· · Okay. ·2· · · ·Q· · I'm not trying to trick you. ·3· · · · · · Are you the person who makes the decision ·4· ·concerning safety to the customers and trip hazards? ·5· · · ·A· · So overseeing like -- in store, right? ·6· · · ·Q· · Yes. ·7· · · ·A· · Yes. ·8· · · ·Q· · Okay.· And are you the person that makes the ·9· ·decision concerning what is safe for the customers? 10· · · · · · MR. HOY:· Objection.· Overbroad.· Vague. 11· ·Call -- calls for speculation. 12· · · · · · THE WITNESS:· Can you repeat the question? 13· ·Sorry. 14· ·BY MR. NAKASE: 15· · · ·Q· · It's okay. 16· · · · · · Are you the sole person that makes the 17· ·decision concerning what is a danger to the customer 18· ·for the store? 19· · · · · · MR. HOY:· Same objections. 20· · · · · · THE WITNESS:· I -- I can't be the sole -- 21· ·are you -- you're asking -- well, I can't be -- 22· ·like -- you're asking me if there's -- if I'm -- if 23· ·I'm the only one that can make a decision if that box 24· ·is in the way.· No, other employees can move it.· Is 25· ·that your question -- is that what you're trying -- ·1· ·like I'm trying to understand so I can better answer. ·2· ·Because you said "sole."· And I don't know if that -- ·3· ·if that was -- if a customer dropped that there, no ·4· ·one can move it unless I can move it.· Is that what ·5· ·you're asking me? ·6· ·BY MR. NAKASE: ·7· · · ·Q· · Are you the person that makes the rule ·8· ·concerning what is safe for the customer in the ·9· ·store? 10· · · · · · MR. HOY:· Same objections. 11· · · · · · THE WITNESS:· Can you -- well, that's why I 12· ·asked.· Are you -- but your question is if A walks in 13· ·and drops a bottle, one of the employees there says, 14· ·"Hey, if I was not instructed to move it, then I'm 15· ·not going to move it."· Is that -- I don't -- 16· ·BY MR. NAKASE: 17· · · ·Q· · I'm just asking generally are you the person 18· ·responsible for determining what is a dangerous 19· ·hazard to the customer in the store? 20· · · · · · MR. HOY:· Same objections. 21· ·BY MR. NAKASE: 22· · · ·Q· · I just want to know who is responsible for 23· ·determining what is safe and what is not safe. 24· · · · · · Are you the person?· Or do I need to talk to 25· ·somebody else?· If I need to talk to Hieu Tran, you ·1· ·can say, "Go talk to Hieu Tran." ·2· · · · · · If I need to go talk to Huy -- ·3· · · · · · MR. HOY:· If -- I'm sorry.· If -- ·4· ·BY MR. NAKASE: ·5· · · ·Q· · Huy Tree -- ·6· · · · · · MR. HOY:· Huy Trieu. ·7· · · · · · THE WITNESS:· Trieu. ·8· ·BY MR. NAKASE: ·9· · · ·Q· · -- Huy Trieu, then just say so.· I just need 10· ·to know who I need to go talk to.· If you're the only 11· ·person I need to talk to, that's fine. 12· · · · · · MR. HOY:· Well, I think what you maybe 13· ·should try is give your understanding and approach 14· ·when it comes to how decisions about customer safety 15· ·are made, who has the authority -- ultimate authority 16· ·versus on-the-spot decision-making. 17· · · · · · THE WITNESS:· On the -- 18· · · · · · MR. HOY:· If there's -- if there's employees 19· ·that say "I better pick up this dangerous condition 20· ·and I don't need to ask Margie, I'll do it." 21· · · · · · So, I mean, he's trying to get an idea of 22· ·who is the person to ask about the overall scheme of 23· ·customer safety. 24· · · · · · And if it -- if it flows down to individual 25· ·employees acting in certain ways, then you can ·1· ·include that in your answer. ·2· · · · · · I understand your confusion, because I've ·3· ·been objecting to the same thing.· Sole decision on ·4· ·safety issues excludes employees that may have input ·5· ·and action. ·6· ·BY MR. NAKASE: ·7· · · ·Q· · Do you have authority to make rules ·8· ·concerning safety to the customers? ·9· · · ·A· · Yes. 10· · · ·Q· · Okay.· And did you always have that 11· ·authority since you were employed since 2018 -- 2008? 12· · · ·A· · Sorry.· Can you repeat that? 13· · · ·Q· · Did you always have the authority to make 14· ·rules concerning the safety of the customers since 15· ·2008? 16· · · ·A· · Yes. 17· · · ·Q· · Okay.· And did you always have the authority 18· ·to determine -- sorry. 19· · · · · · And did you always have the authority to 20· ·make rules to prevent needless dangers to the 21· ·customers? 22· · · · · · MR. HOY:· Vague and ambiguous. 23· · · · · · THE WITNESS:· Did you want to know if I can 24· ·make rules so that the customer -- if it -- if it 25· ·seems dangerous, I can say -- have an input into ·1· ·saying that on -- at my -- at SF San Diego? ·2· ·BY MR. NAKASE: ·3· · · ·Q· · That's it.· Yeah. ·4· · · ·A· · Yes. ·5· · · ·Q· · Is that a "yes"? ·6· · · ·A· · Yes. ·7· · · ·Q· · Okay.· And so let me just make sure I ·8· ·understand.· I want to make sure we're on the same ·9· ·page.· Is that okay with you? 10· · · ·A· · (Witness nods head.) 11· · · ·Q· · Is that okay with you? 12· · · ·A· · Yes. 13· · · ·Q· · And if I say anything that's incorrect, 14· ·please let us know.· Is that okay with you? 15· · · ·A· · Yes. 16· · · ·Q· · Okay.· You always had the authority to make 17· ·rules to do -- for the safety of the customer; is 18· ·that true? 19· · · · · · MR. HOY:· Vague as to "rules." 20· · · · · · THE WITNESS:· If it doesn't seem safe, I can 21· ·say "Move it."· Is that what you want to know? 22· ·BY MR. NAKASE: 23· · · ·Q· · Right. 24· · · ·A· · Yes. 25· · · ·Q· · Okay.· And do you have the authority to make ·1· ·rules for your employees that report to you about ·2· ·what is considered a dangerous condition?· Is that ·3· ·true? ·4· · · ·A· · What -- what about the employees in the ·5· ·store? ·6· · · ·Q· · You have the authority to make the rules for ·7· ·what may be considered a dangerous condition for the ·8· ·customers? ·9· · · ·A· · Yes. 10· · · ·Q· · Yes.· Is that "yes"? 11· · · ·A· · Yes. 12· · · ·Q· · Okay.· I'm going to invite you to speak up. 13· ·Is that okay with you? 14· · · ·A· · Yes, yes. 15· · · ·Q· · Okay. 16· · · · · · MR. NAKASE:· Mr. Videographer, are you 17· ·picking up all the audios? 18· ·BY MR. NAKASE: 19· · · ·Q· · Let's go to our next category. 20· ·Recordkeeping.· Has your company adopted a record 21· ·management retention program? 22· · · ·A· · I don't know. 23· · · ·Q· · Who would know? 24· · · ·A· · I don't know. 25· · · ·Q· · You don't know who would know? ·1· · · ·A· · (Witness shakes head.) ·2· · · ·Q· · Would Huy Trieu know? ·3· · · · · · MR. HOY:· Calls for speculation. ·4· · · · · · THE WITNESS:· Maybe.· I mean, I can't speak ·5· ·for him. ·6· ·BY MR. NAKASE: ·7· · · ·Q· · Okay.· Has your company adopted a document ·8· ·retention program? ·9· · · ·A· · I don't -- I don't know. 10· · · · · · MR. HOY:· I'm going to object as to possible 11· ·ambiguity over "company," because I believe earlier 12· ·"company" was defined as specifically her store, 13· ·where it's possible from a corporate level the 14· ·company extends beyond her store. 15· · · · · · So I would ask clarification on what were 16· ·you meaning by "company" again. 17· ·BY MR. NAKASE: 18· · · ·Q· · Do you know -- when we talked about -- 19· ·remember earlier we talked about -- we said the 20· ·"company" refers to SF San Diego, Inc.? 21· · · ·A· · Okay. 22· · · ·Q· · Do you agree with that? 23· · · ·A· · "Company" is SF San Diego, Inc.· Okay. 24· · · ·Q· · Is that correct? 25· · · ·A· · (Witness nods head.) ·1· · · · · · MR. HOY:· I'm going to object that that ·2· ·misstates testimony. ·3· ·BY MR. NAKASE: ·4· · · ·Q· · And SF San Diego, Inc., how many locations ·5· ·are there? ·6· · · ·A· · One. ·7· · · ·Q· · And where is that location? ·8· · · ·A· · Here in -- here in San Diego. ·9· · · ·Q· · Okay.· And so when we're talking about the 10· ·company and we're talking about the store and the 11· ·grocery store, do you agree we're only talking about 12· ·one location which is here in San Diego? 13· · · ·A· · Just this one -- this one. 14· · · ·Q· · Yes. 15· · · · · · MR. HOY:· So by using the word "company," 16· ·you're referring to your store. 17· · · · · · THE WITNESS:· SF San Diego, correct? 18· ·BY MR. NAKASE: 19· · · ·Q· · Yeah.· Do you agree? 20· · · ·A· · Okay. 21· · · ·Q· · And that was your understanding the entire 22· ·time? 23· · · ·A· · Now.· So when you say "company," it's SF San 24· ·Diego company -- San Diego, not -- has nothing to do 25· ·with Shun Fat. ·1· · · ·Q· · Well, SF San Diego, is there another store ·2· ·that's SF San Diego? ·3· · · ·A· · There's just one SF San Diego. ·4· · · ·Q· · Right.· So we're just talking about one ·5· ·store, one company. ·6· · · ·A· · Okay. ·7· · · ·Q· · Right? ·8· · · ·A· · Okay. ·9· · · ·Q· · Okay. 10· · · · · · MR. HOY:· All right.· I -- I'm going to 11· ·object.· I'm not even sure of the basis.· But we 12· ·already have established that her GM doesn't work at 13· ·the store, so he probably works for "the company." 14· ·So I'm not sure those could really be synonyms after 15· ·all. 16· · · · · · I mean, when you're talking about SF San 17· ·Diego, I get the impression you're talking about a 18· ·store location, not a corporate structure where your 19· ·GM may be working for the company outside of your 20· ·store. 21· · · · · · So I think this whole thing is confused. 22· ·It's a weird objection.· But I am just confused, so I 23· ·said it. 24· ·BY MR. NAKASE: 25· · · ·Q· · Could I invite you to look at Volume 1 of ·1· ·the exhibit book, please? ·2· · · · · · Inviting your attention to Exhibit 1.· Right ·3· ·in the center where it says name "Hieu Tia Tran." ·4· · · · · · (Exhibit 1 marked) ·5· ·BY MR. NAKASE: ·6· · · ·Q· · Do you see that? ·7· · · ·A· · Yes. ·8· · · ·Q· · And there's an address of 419 North Atlantic ·9· ·Boulevard. 10· · · · · · Do you see that? 11· · · ·A· · Yes. 12· · · ·Q· · Are you familiar with 419 North Atlantic 13· ·Boulevard?· Are you familiar with that address? 14· · · ·A· · No. 15· · · ·Q· · Have you been there? 16· · · ·A· · May have.· I -- I don't know. 17· · · ·Q· · And why do you think you may have been 18· ·there? 19· · · ·A· · Because Monterey Park. 20· · · ·Q· · Okay.· Have you been to the corporate office 21· ·before? 22· · · ·A· · No. 23· · · ·Q· · Then why would you may have gone up to 24· ·Monterey Park?· For what reasons? 25· · · ·A· · Family, take my family up there. ·1· · · ·Q· · Have you ever been up to Monterey Park in ·2· ·connection with your employment? ·3· · · ·A· · No. ·4· · · ·Q· · Have you ever been to Alhambra in connection ·5· ·with your employment? ·6· · · ·A· · Huh-uh. ·7· · · ·Q· · Is that a "no"? ·8· · · ·A· · No. ·9· · · ·Q· · Have you ever been to Rosemead in connection 10· ·with your employment? 11· · · ·A· · No. 12· · · ·Q· · Have you ever been to Alhambra in connection 13· ·with your employment? 14· · · ·A· · No. 15· · · ·Q· · Have you been outside of San Diego in 16· ·connection with your employment? 17· · · ·A· · Huh-uh. 18· · · ·Q· · Is that a "no"? 19· · · ·A· · No. 20· · · ·Q· · Inviting your attention to Exhibit 6, 21· ·please.· Inviting your attention to Number 3 where it 22· ·says "business address," and it says "421 North 23· ·Atlantic Boulevard." 24· · · · · · (Exhibit 6 marked) 25· ·/// ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Do you see that? ·3· · · ·A· · Yes. ·4· · · ·Q· · Are you familiar with that address? ·5· · · ·A· · No. ·6· · · ·Q· · Have you been there before? ·7· · · ·A· · No. ·8· · · ·Q· · Have you reported to anybody at Shun Fat ·9· ·Supermarket, Inc.? 10· · · · · · MR. HOY:· Calls for speculation. 11· · · · · · THE WITNESS:· Report? 12· ·BY MR. NAKASE: 13· · · ·Q· · Yes. 14· · · ·A· · Like contacted anyone at Shun Fat? 15· · · ·Q· · Yes. 16· · · ·A· · Huh-uh. 17· · · ·Q· · Have you accepted any instruction from 18· ·anybody at Shun Fat Supermarket, Inc.? 19· · · · · · MR. HOY:· Calls for speculation.· Ambiguous. 20· · · · · · THE WITNESS:· (Witness shakes head.) 21· ·BY MR. NAKASE: 22· · · ·Q· · Is that a "no"? 23· · · ·A· · No. 24· · · ·Q· · Okay.· Inviting your attention to 25· ·Exhibit 13, Page 20.· Please let me know when you're ·1· ·there. ·2· · · · · · (Exhibit 13 marked) ·3· ·BY MR. NAKASE: ·4· · · ·Q· · Right in the center on the left column it ·5· ·says "Co-Landlord," and on the right column it says ·6· ·"Tenant: SF San Diego, Inc." ·7· · · · · · Do you see that? ·8· · · ·A· · Yes. ·9· · · ·Q· · Do you recognize whose signature that is? 10· · · ·A· · Yes. 11· · · ·Q· · And whose signature is under Tenant: SF San 12· ·Diego, Inc.? 13· · · ·A· · Mr. Tran. 14· · · ·Q· · And how do you recognize that signature? 15· · · ·A· · Because you had me look at all the other 16· ·documents. 17· · · ·Q· · Without looking at the other documents, do 18· ·you recognize that signature? 19· · · ·A· · (Witness shakes head.) 20· · · ·Q· · Is that a "no"? 21· · · ·A· · No. 22· · · ·Q· · Inviting your attention to Exhibit 14, 23· ·please. 24· · · · · · (Exhibit 14 marked) 25· ·/// ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Do you recognize Exhibit 14? ·3· · · ·A· · Yes. ·4· · · ·Q· · And how do you recognize Exhibit 14? ·5· · · ·A· · Because this was the report when Cuc Kim Le ·6· ·fell. ·7· · · ·Q· · I'm sorry? ·8· · · ·A· · The report that we filled out when Cuc Kim ·9· ·Le -- 10· · · ·Q· · And you completed a report to the insurance 11· ·company; is that correct? 12· · · ·A· · Yes. 13· · · ·Q· · And the insurance company is Argo Insurance, 14· ·which is reflected in Exhibit 14; is that correct? 15· · · ·A· · Yes. 16· · · ·Q· · Okay.· And why did you complete this report 17· ·of customer accident for Argo Insurance? 18· · · ·A· · Because she -- there was an accident at the 19· ·store. 20· · · ·Q· · Okay.· And who -- who completed -- who 21· ·prepared this report, Exhibit 14? 22· · · ·A· · Could be -- me. 23· · · ·Q· · Okay.· Is that your handwriting? 24· · · ·A· · No. 25· · · ·Q· · No?· Whose handwriting is that? ·1· · · ·A· · I don't remember. ·2· · · ·Q· · Have you seen this Exhibit 14 before? ·3· · · ·A· · Yes. ·4· · · ·Q· · And on how many occasions have you seen ·5· ·Exhibit 14? ·6· · · ·A· · How many occasions?· The day I wrote it. ·7· · · ·Q· · The day you wrote it? ·8· · · ·A· · Uh-huh. ·9· · · ·Q· · Okay. 10· · · ·A· · Well, not -- the day it was -- 11· · · ·Q· · Prepared? 12· · · ·A· · -- prepared. 13· · · ·Q· · And when was it prepared? 14· · · ·A· · May 2nd, 2017. 15· · · ·Q· · Okay.· And do you remember who prepared it? 16· · · ·A· · No. 17· · · ·Q· · And did you approve -- 18· · · ·A· · Yes. 19· · · ·Q· · -- Exhibit 14? 20· · · ·A· · Yes. 21· · · ·Q· · And why did you have to approve Exhibit 14? 22· · · ·A· · Because I was the one with all the name, 23· ·information of Cuc Kim Le. 24· · · ·Q· · And where it says "contact name," it says, 25· ·"Margie Wong."· Is that you? ·1· · · ·A· · Yes. ·2· · · ·Q· · Okay.· And is that your handwriting, your ·3· ·signature? ·4· · · ·A· · That's not a signature. ·5· · · ·Q· · Is that your handwriting? ·6· · · ·A· · No. ·7· · · ·Q· · Okay.· And how did you approve this ·8· ·Exhibit 14?· Why did you approve it? ·9· · · ·A· · Because I was the one who walked them 10· ·through it. 11· · · ·Q· · Okay.· Who did you walk through? 12· · · ·A· · Whoever who wrote this out. 13· · · ·Q· · But -- but you don't remember? 14· · · ·A· · I don't remember whose handwriting this is. 15· · · ·Q· · Was it Nho T. Lam? 16· · · ·A· · No. 17· · · ·Q· · And who is Nho T. Lam? 18· · · ·A· · An employee. 19· · · ·Q· · And how old is Nho T. Lam, your best 20· ·estimate? 21· · · ·A· · My best estimate?· I would guess late 22· ·forties. 23· · · ·Q· · Okay.· And how long has Nho T. Lam been with 24· ·your -- your company? 25· · · ·A· · I can't remember. ·1· · · ·Q· · Your best estimate. ·2· · · ·A· · If I have to estimate -- if I have to ·3· ·estimate, maybe a guess of seven years.· A guess. ·4· ·That's a guess. ·5· · · ·Q· · Is Nho T. Lam a man or a woman? ·6· · · ·A· · He's a man. ·7· · · ·Q· · Okay.· Do you expect Nho T. Lam to stay with ·8· ·the company for the next six months? ·9· · · ·A· · Yeah. 10· · · ·Q· · Has Nho T. Lam indicated to you that he's 11· ·going to move or resign? 12· · · ·A· · No. 13· · · ·Q· · Okay.· Inviting your attention to Number 1, 14· ·it says, "Where did the accident occur?" 15· · · · · · And it says, "Produce department in front of 16· ·the Napa section." 17· · · · · · Do you see that? 18· · · ·A· · Yes. 19· · · ·Q· · Is that statement correct? 20· · · ·A· · Yes. 21· · · ·Q· · Okay.· Number 2, it says, "Briefly describe 22· ·the accident."· Could you read that to us? 23· · · ·A· · "Customer fell on the floor when she turned 24· ·with her shopping cart.· She was wearing slippers." 25· · · ·Q· · Okay.· Did you approve that? ·1· · · ·A· · Yes. ·2· · · ·Q· · And did you approve this written statement ·3· ·for Number 2 after you viewed the surveillance video? ·4· · · ·A· · I'm sorry.· Can you repeat? ·5· · · ·Q· · After you viewed the surveillance video? ·6· · · ·A· · Uh-huh. ·7· · · ·Q· · Is that "yes"? ·8· · · ·A· · Yes. ·9· · · ·Q· · Okay.· So you viewed a surveillance video -- 10· · · ·A· · Uh-huh. 11· · · ·Q· · -- of Cuc Le's fall? 12· · · ·A· · Yes. 13· · · ·Q· · Okay.· And you saw that -- when you looked 14· ·at the surveillance video, you saw that Cuc Le 15· ·fall -- tripped and fell; is that correct? 16· · · ·A· · Yes. 17· · · ·Q· · Okay.· And so did you see in the 18· ·surveillance video that Cuc Le turned her shopping 19· ·cart? 20· · · ·A· · Yes. 21· · · ·Q· · Okay.· Did you see in the surveillance video 22· ·that Cuc Le was wearing slippers? 23· · · ·A· · No. 24· · · ·Q· · Okay.· And why is that important that Cuc Le 25· ·was wearing slippers and that -- that caused you to ·1· ·put that in this statement, in Exhibit 14? ·2· · · ·A· · Because it wasn't on her. ·3· · · ·Q· · Okay.· When you look at the surveillance ·4· ·video and you saw that Cuc Le tripped and fell, who ·5· ·else was with you? ·6· · · ·A· · Watching the surveillance video? ·7· · · ·Q· · Yeah. ·8· · · ·A· · Myself. ·9· · · ·Q· · Okay.· And did you -- when you were watching 10· ·the surveillance video that Cuc Le tripped and fell, 11· ·did you see that she was -- she tripped over a box? 12· · · ·A· · No. 13· · · ·Q· · No? 14· · · ·A· · I didn't see -- you -- she -- what?· You 15· ·said she -- 16· · · ·Q· · Did you see her trip over a box? 17· · · ·A· · Huh-uh. 18· · · ·Q· · Okay.· Is that a "no"? 19· · · ·A· · No. 20· · · ·Q· · Okay.· How many surveillance videos did you 21· ·look at after Cuc Le fell? 22· · · ·A· · In the -- how many surveillance videos? I 23· ·can't remember. 24· · · ·Q· · Give me your best estimate.· Was it just 25· ·one? ·1· · · ·A· · I don't know. ·2· · · ·Q· · Did you look at just one surveillance video ·3· ·after Cuc Le tripped and fall? ·4· · · ·A· · No, I didn't.· I was just -- I was trying to ·5· ·remember -- ·6· · · ·Q· · Okay. ·7· · · ·A· · -- what I'm remembering.· I -- I -- I can't ·8· ·remember. ·9· · · ·Q· · Okay.· Do you remember what you were wearing 10· ·that day, on May 2nd, 2017? 11· · · ·A· · Yes. 12· · · ·Q· · Okay.· What color were your pants? 13· · · ·A· · White. 14· · · ·Q· · Okay.· What color was your shirt? 15· · · ·A· · It was a jean type of -- denim. 16· · · ·Q· · Okay.· Do you remember what time Cuc Le 17· ·fell, without looking at the document? 18· · · ·A· · No. 19· · · ·Q· · Okay.· Do you remember what time -- what you 20· ·had for lunch that day, on May 2nd, 2017? 21· · · ·A· · No. 22· · · ·Q· · Okay.· Do you remember how soon after Cuc Le 23· ·tripped and fell on those boxes that you went to go 24· ·look at the videos? 25· · · · · · MR. HOY:· Assumes facts not in evidence. ·1· ·Nobody said she tripped on boxes. ·2· · · · · · THE WITNESS:· I don't remember. ·3· ·BY MR. NAKASE: ·4· · · ·Q· · Give me your best estimate. ·5· · · ·A· · (Witness shakes head.) ·6· · · ·Q· · Okay.· And -- now, do you remember how many ·7· ·surveillance videos that you watched to see how Cuc ·8· ·Le tripped and fell in your store? ·9· · · ·A· · No, I don't remember. 10· · · ·Q· · Okay.· Did you only look at one surveillance 11· ·video? 12· · · · · · MR. HOY:· Asked and answered. 13· · · · · · THE WITNESS:· Yeah, I told you I don't 14· ·remember. 15· ·BY MR. NAKASE: 16· · · ·Q· · Okay.· Did you look at two surveillance 17· ·video -- videos to see how Cuc Le tripped and fell in 18· ·your store? 19· · · · · · MR. HOY:· Asked and answered. 20· · · · · · THE WITNESS:· I don't remember. 21· ·BY MR. NAKASE: 22· · · ·Q· · Did you look at three surveillance videos to 23· ·see if Cuc Le tripped -- how Cuc Le tripped and fell 24· ·in your store? 25· · · · · · MR. HOY:· Asked and answered. ·1· · · · · · THE WITNESS:· I don't remember. ·2· ·BY MR. NAKASE: ·3· · · ·Q· · Okay.· Why was it important to you to put in ·4· ·the report to the insurance company that Cuc Le was ·5· ·wearing slippers? ·6· · · · · · MR. HOY:· Misstates prior testimony. ·7· · · · · · MR. NAKASE:· It's right here. ·8· · · · · · MR. HOY:· I believe she testified that's not ·9· ·her handwriting so she didn't put it in the report. 10· ·She approved the report, I believe -- 11· · · · · · MR. NAKASE:· Okay. 12· · · · · · MR. HOY:· -- is the testimony. 13· ·BY MR. NAKASE: 14· · · ·Q· · Why is it important to you that you approve 15· ·a report to the insurance company, Argo Insurance, 16· ·that Cuc Le was wearing slippers? 17· · · ·A· · Because we want to make sure that we can try 18· ·to -- fill out as much as we can that day. 19· · · ·Q· · Okay.· And it's your belief that Cuc Le was 20· ·wearing slippers which caused her to trip and fall; 21· ·is that correct? 22· · · ·A· · No, I didn't say that. 23· · · · · · MR. HOY:· Yeah, hold on for an objection. 24· · · · · · It assumes facts not in evidence.· Misstates 25· ·testimony.· I'll go with those. ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Okay.· Do you have an answer? ·3· · · ·A· · I'm sorry.· Repeat, please. ·4· · · ·Q· · The reason why you put that Cuc Le was ·5· ·wearing slippers in the report of the accident to ·6· ·Argo Insurance was because you were blaming Cuc Le ·7· ·for wearing slippers, right? ·8· · · · · · MR. HOY:· Argumentative. ·9· · · · · · THE WITNESS:· I -- 10· · · · · · MR. HOY:· Misstates testimony. 11· · · · · · THE WITNESS:· I told you that we put on here 12· ·as much as we can -- 13· ·BY MR. NAKASE: 14· · · ·Q· · Okay. 15· · · ·A· · -- regarding that day so that it will bring 16· ·back. 17· · · ·Q· · Okay.· And as a store manager, you believe 18· ·that Cuc Le fell because she was wearing slippers; is 19· ·that correct? 20· · · ·A· · I didn't say that. 21· · · ·Q· · You didn't say that? 22· · · ·A· · I didn't say that. 23· · · ·Q· · Okay.· Do you think that Chuk Le -- Cuc Le 24· ·caused her own fall? 25· · · ·A· · I don't know. ·1· · · ·Q· · Well, you saw the surveillance video.· After ·2· ·looking at -- at the surveillance videos, did you ·3· ·determine that Cuc Le caused herself to fall? ·4· · · ·A· · I didn't determine anything.· I didn't ·5· ·say -- ·6· · · ·Q· · After you looked at the surveillance video ·7· ·of Cuc Le's fall, did you see that Cuc Le caused ·8· ·herself to fall? ·9· · · ·A· · I don't know if she caused herself to fall 10· ·or not.· I don't know. 11· · · ·Q· · Okay. 12· · · · · · MR. NAKASE:· Does anybody need a break? 13· · · · · · Why don't I ask the witness first. 14· ·BY MR. NAKASE: 15· · · ·Q· · Would you like a break? 16· · · ·A· · I'm fine. 17· · · ·Q· · No?· Okay. 18· · · · · · MR. NAKASE:· Madam Court Reporter, would you 19· ·like a break? 20· · · · · · THE REPORTER:· I'm fine. 21· · · · · · MR. NAKASE:· Videographer?· The answer is 22· ·"yes"?· You're okay?· Okay.· Everybody says we can 23· ·proceed. 24· ·BY MR. NAKASE: 25· · · ·Q· · What was Nho T. Lam's position at your store ·1· ·on May 2nd, 2017? ·2· · · ·A· · Produce.· He works in the produce. ·3· · · ·Q· · And what is -- what is her responsibility? ·4· · · ·A· · His? ·5· · · ·Q· · His.· Oh, Nho T. Lam is a man? ·6· · · ·A· · Yeah, Nho T. Lam is a man. ·7· · · ·Q· · Okay.· What was Nho T. Lam's responsibility ·8· ·on May 2nd, 2017? ·9· · · ·A· · What was -- on that date, what was his 10· ·responsibility on that day? 11· · · ·Q· · During that period. 12· · · ·A· · I don't remember. 13· · · ·Q· · He works in the produce area. 14· · · ·A· · Okay. 15· · · ·Q· · Right? 16· · · ·A· · Well, you asked me for that day. 17· · · ·Q· · Okay.· During that period. 18· · · · · · MR. HOY:· What was his job title? 19· · · · · · THE WITNESS:· Just stock up. 20· ·BY MR. NAKASE: 21· · · ·Q· · Stock.· Is Nho -- was Nho T. Lam the only 22· ·person responsible for stocking the produce area? 23· · · ·A· · On the day -- on that day?· Or you're asking 24· ·me in general like is he the only -- 25· · · ·Q· · On that day. ·1· · · ·A· · On that day, no, I don't know who -- if ·2· ·you're asking me who's there that day, I don't ·3· ·remember. ·4· · · ·Q· · Okay. ·5· · · · · · MR. NAKASE:· Mark transcript. ·6· ·BY MR. NAKASE: ·7· · · ·Q· · Is it your belief that Cuc Le fell -- ·8· ·tripped and fell because she was wearing slippers? ·9· · · · · · MR. HOY:· Asked and answered. 10· · · · · · THE WITNESS:· I don't know. 11· ·BY MR. NAKASE: 12· · · ·Q· · Okay.· Is it your opinion that Cuc Le 13· ·tripped and fell because she was wearing slippers? 14· · · · · · MR. HOY:· Literally just asked and 15· ·previously answered. 16· · · · · · THE WITNESS:· I -- I don't know. I 17· ·didn't -- 18· ·BY MR. NAKASE: 19· · · ·Q· · That's fine. 20· · · · · · Inviting your attention to Exhibit 15. 21· ·Inviting your attention to Exhibit 15, Page 6. 22· · · · · · (Exhibit 15 marked) 23· ·BY MR. NAKASE: 24· · · ·Q· · Please let me know when you're -- please let 25· ·us know when you're there. ·1· · · ·A· · Yes. ·2· · · ·Q· · Are you there? ·3· · · ·A· · Yes. ·4· · · ·Q· · You see there in the third column it says ·5· ·"Inspector," and it says "Anh Nguyen"? ·6· · · ·A· · Yes. ·7· · · ·Q· · Is Anh Nguyen a man or a woman? ·8· · · ·A· · I don't know.· This -- this name could be a ·9· ·male or a female. 10· · · ·Q· · Do you know who Anh Nguyen is? 11· · · ·A· · Nguyen is a popular last name.· And it 12· ·could -- we -- I can't -- 13· · · ·Q· · I'm just asking -- 14· · · ·A· · I can't remember if -- 15· · · ·Q· · -- do you remember who Anh Nguyen is? 16· · · ·A· · Not right now.· Not that -- 17· · · ·Q· · Is Anh Nguyen still employed with your 18· ·company? 19· · · ·A· · I don't -- I don't know.· I -- the name -- 20· · · ·Q· · Okay. 21· · · ·A· · -- is very common right now.· So I don't 22· ·want to say yes or no, you know, I -- it's -- it's a 23· ·common name. 24· · · ·Q· · Anh Nguyen is a common name? 25· · · ·A· · It is.· Last name Nguyen is a common name. ·1· ·Here this one -- the -- Margie Hien Nhu Lam, that's ·2· ·my name, Hien too in there.· So it's -- ·3· · · ·Q· · It's okay.· I'm just asking you a simple ·4· ·question. ·5· · · · · · Do you know who Anh Nguyen is that -- who ·6· ·was the inspector on May 2nd, 2017? ·7· · · ·A· · I am drawing blanks on the face right now. ·8· · · ·Q· · That's fine. ·9· · · · · · Do you know if Anh Nguyen is a man or a 10· ·woman? 11· · · ·A· · I -- 12· · · ·Q· · You can't say? 13· · · ·A· · I can't say because I'm drawing a blank on 14· ·this -- this name.· Hien -- Hien could be a male or a 15· ·female right now.· It's a male or a female name. 16· · · ·Q· · Okay.· And you don't know if Anh Nguyen is 17· ·still employed with your store as of today, January 18· ·8th, 2020? 19· · · ·A· · I don't know. 20· · · ·Q· · Okay.· Who would know? 21· · · ·A· · Well, I would have to take a look.· I don't 22· ·know. 23· · · ·Q· · Okay.· How many employees does your store 24· ·employ?· Best estimate. 25· · · ·A· · Estimate, guessing probably 60, probably 50 ·1· ·to -- ·2· · · ·Q· · Okay.· And you're the person that is ·3· ·responsible for hiring and interviewing the employees ·4· ·for the store? ·5· · · ·A· · No, not just me. ·6· · · ·Q· · Who else would be responsible for hiring and ·7· ·interviewing employees for the store? ·8· · · ·A· · My other lead cashier can -- ·9· · · ·Q· · And who would that be? 10· · · ·A· · Anh Tran. 11· · · · · · MR. NAKASE:· Mark transcript. 12· ·BY MR. NAKASE: 13· · · ·Q· · How do you spell Anh Tran? 14· · · ·A· · A-n-h. 15· · · ·Q· · Uh-huh. 16· · · ·A· · And then Tran, T-r-a-n. 17· · · ·Q· · Is that a man or a woman? 18· · · ·A· · Woman. 19· · · ·Q· · How old is she?· Estimate. 20· · · ·A· · Estimate, I'm guessing mid-forties, late 21· ·thirties. 22· · · ·Q· · And she's still employed with the -- the 23· ·store? 24· · · ·A· · Yes. 25· · · ·Q· · Okay.· How long has she been there? ·1· ·Estimate. ·2· · · ·A· · An -- an -- an estimate, 2012.· I'm blanking ·3· ·on there. ·4· · · ·Q· · Okay.· And Anh Tran hasn't informed you that ·5· ·she's going to resign anytime soon, correct? ·6· · · ·A· · No. ·7· · · ·Q· · And she hasn't informed you that she's going ·8· ·to move anytime soon, correct? ·9· · · ·A· · No. 10· · · ·Q· · No, it's not correct? 11· · · ·A· · No.· No, she has not. 12· · · ·Q· · She hasn't? 13· · · ·A· · No, she hasn't -- 14· · · ·Q· · Okay.· Go ahead.· I'll let you talk. 15· · · ·A· · She hasn't informed me that she's going to 16· ·quit. 17· · · ·Q· · Okay. 18· · · ·A· · Or move. 19· · · ·Q· · Are you authorized to speak for SF San Diego 20· ·concerning all topics of trip hazards in the store? 21· · · ·A· · I'm sorry? 22· · · ·Q· · Are you authorized to speak for SF San Diego 23· ·concerning trip hazards in the store? 24· · · ·A· · Regarding trip hazards. 25· · · ·Q· · Is that a "yes"? ·1· · · ·A· · Yes. ·2· · · ·Q· · Okay.· And are you authorized to speak for ·3· ·SF San Diego for making rules on trip hazards in the ·4· ·store? ·5· · · ·A· · Yes. ·6· · · ·Q· · Are you authorized to speak for SF San Diego ·7· ·concerning needless trip hazards in the store? ·8· · · · · · MR. HOY:· Did you say "needless"? ·9· · · · · · MR. NAKASE:· Yeah. 10· · · · · · MR. HOY:· Vague and ambiguous. 11· · · · · · THE WITNESS:· Needless? 12· ·BY MR. NAKASE: 13· · · ·Q· · Yeah.· Go ahead. 14· · · ·A· · Okay. 15· · · · · · MR. HOY:· Is there a needful trip hazard? 16· ·BY MR. NAKASE: 17· · · ·Q· · Do you understand my question? 18· · · ·A· · No, I don't. 19· · · ·Q· · Okay.· Are you authorized to speak for SF 20· ·San Diego concerning needless trip hazards in the 21· ·store? 22· · · ·A· · What is needless haz- -- trip hazard? 23· ·Needless? 24· · · ·Q· · Yes.· Do you understand what needless is? 25· ·Not necessary. ·1· · · ·A· · Oh, like -- okay.· Am I responsible -- ·2· ·sorry.· Can you repeat your -- ·3· · · ·Q· · Are you authorized to speak for SF San Diego ·4· ·concerning needless dangers of trip hazards in the ·5· ·store? ·6· · · · · · MR. HOY:· I'll object as vague and ambiguous ·7· ·and calls for speculation. ·8· · · · · · THE WITNESS:· Unnecessary stuff, decisions ·9· ·to make unnecessary stuff -- are you saying that I 10· ·can over -- trying to override the policies of like 11· ·whatever? 12· ·BY MR. NAKASE: 13· · · ·Q· · No, I'm not talking about policies. 14· · · ·A· · Okay. 15· · · ·Q· · Yeah, I'm just talking about rules. 16· · · ·A· · (Witness nods head.) 17· · · ·Q· · Is that a "yes"? 18· · · ·A· · Yes. 19· · · ·Q· · Okay.· Okay.· We earlier mildly touched 20· ·about your family.· And I don't want to get very deep 21· ·into it.· And I'm going to ask some superficial 22· ·questions, and I'm going to move on.· Okay? 23· · · ·A· · Okay. 24· · · ·Q· · I might get some objections from your 25· ·counsel.· But I'm going to keep it as superficial as ·1· ·possible.· So I just wanted to let you know. ·2· · · · · · Is that okay with you? ·3· · · ·A· · Okay. ·4· · · ·Q· · Okay.· If it's too invasive, you please feel ·5· ·free to let me know.· Okay? ·6· · · ·A· · Okay. ·7· · · ·Q· · All right. ·8· · · · · · MR. HOY:· I guess I have to sit up straight ·9· ·for this one.· Go on. 10· ·BY MR. NAKASE: 11· · · ·Q· · How long have you been married? 12· · · ·A· · 2000 -- 2001. 13· · · ·Q· · And you're married to Raymond Wong? 14· · · ·A· · Yes. 15· · · ·Q· · Okay.· And is he employed? 16· · · ·A· · He's employed, yes. 17· · · ·Q· · And who is he employed with? 18· · · ·A· · Rick Engineering. 19· · · ·Q· · Oh, I know Rick Engineering.· Good people. 20· ·Very good people. 21· · · · · · He's a structural engineer, isn't he? 22· · · ·A· · He's a -- 23· · · ·Q· · No, actually -- no, go ahead. 24· · · ·A· · He's a civil engineer. 25· · · ·Q· · He's a civil engineer. ·1· · · · · · And how long has he been employed with Rick ·2· ·Engineering? ·3· · · ·A· · I don't know.· I -- ·4· · · ·Q· · That's fine.· For more than five years? ·5· · · ·A· · Oh, yeah. ·6· · · ·Q· · Okay.· And you have three children? ·7· · · ·A· · Yes. ·8· · · ·Q· · Okay.· And one more time, their ages? ·9· · · ·A· · Sixteen, 14 and 6. 10· · · ·Q· · Okay.· Have you spoken with your children 11· ·concerning Cuc Le? 12· · · ·A· · No. 13· · · ·Q· · Have you spoken with your husband concerning 14· ·Cuc Le? 15· · · ·A· · No. 16· · · ·Q· · You never mentioned Cuc Le, like, "Hey, 17· ·there's somebody that tripped and fell in the store 18· ·today"? 19· · · ·A· · No.· No. 20· · · ·Q· · Okay.· And do you own a home? 21· · · ·A· · Yes. 22· · · ·Q· · And do you have a mortgage? 23· · · ·A· · Yes. 24· · · ·Q· · And is it important to you that -- for you 25· ·to keep your job?· Is it important to you for you to ·1· ·keep your job with SF San Diego, Inc.? ·2· · · ·A· · Is it important?· Yes. ·3· · · ·Q· · Okay.· Would it create financial hardship if ·4· ·you were to lose your job at SF San Diego, Inc.? ·5· · · ·A· · I want to say no. ·6· · · ·Q· · No, it would not create hardship? ·7· · · ·A· · Well, when you say -- say "hardship," are ·8· ·you saying that I have to like sell my home and sell ·9· ·everything that I have if I -- if I lose my job at SF 10· ·San Diego? 11· · · ·Q· · No.· I'm just asking you if it would create 12· ·financial hardship if you were to lose your job at SF 13· ·San Diego, Inc.? 14· · · · · · MR. HOY:· Hardship as you are interpreting 15· ·it.· It could mean -- vague and ambiguous as to what 16· ·"hardship" means. 17· · · · · · But according to your definition, would it 18· ·create a hardship? 19· · · · · · THE WITNESS:· I just -- depending on how you 20· ·determine -- like define "hardship," but I -- I -- I 21· ·think I'll be fine. 22· ·BY MR. NAKASE: 23· · · ·Q· · Okay.· If you were to lose your job at SF 24· ·San Diego, Inc., would you -- would your family be 25· ·able to continue paying its bills for several months? ·1· · · ·A· · Yes. ·2· · · ·Q· · Okay.· Are there any assistant managers at ·3· ·the store? ·4· · · ·A· · They're not -- they're not labeled assistant ·5· ·manager.· I -- I mean -- ·6· · · ·Q· · Okay.· Is there anybody else at the store ·7· ·that's authorized to operate the surveillance camera ·8· ·equipment? ·9· · · ·A· · Anyone who knows how to like go -- like go 10· ·in there and grab a video?· Is that what you are 11· ·asking me? 12· · · ·Q· · Yes. 13· · · ·A· · Yes. 14· · · ·Q· · And who would that be? 15· · · ·A· · Anh Tran. 16· · · ·Q· · That's a female, right? 17· · · ·A· · Yes. 18· · · ·Q· · Okay.· And she is -- she's in her forties, 19· ·correct? 20· · · ·A· · Uh -- 21· · · ·Q· · Right?· And she's -- is that correct? 22· · · ·A· · I'm guessing her age.· I don't ask age. 23· · · ·Q· · That's fine.· Your best estimate? 24· · · ·A· · Maybe late -- mid-forties to late. 25· · · ·Q· · Okay.· And she's the lead cashier; is that ·1· ·correct? ·2· · · ·A· · Uh-huh. ·3· · · ·Q· · Okay.· And inviting your attention back to ·4· ·Exhibit 15, Page 6.· Inviting your attention to where ·5· ·it says "Question:· Is the area clean and hazard ·6· ·free?"· Do you see that? ·7· · · ·A· · Uh-huh. ·8· · · ·Q· · That's the entire column.· Do you see that? ·9· · · ·A· · (Witness nods head.) 10· · · ·Q· · Did I read that correctly? 11· · · ·A· · "Is the area clean and hazard free?"· Yes. 12· · · ·Q· · Okay.· And that's the entire column where it 13· ·says "Question."· Do you see that? 14· · · ·A· · Yes. 15· · · ·Q· · And what does that mean, hazard free? 16· · · ·A· · Is there trash in the aisle -- in the 17· ·walkway?· Is there -- is there water in the walkway? 18· · · ·Q· · Anything else? 19· · · ·A· · Well, if -- like anything that can cause you 20· ·to walk into -- like I -- if there's water or -- in 21· ·the walkway for, you know, for customers to walk. 22· · · ·Q· · Okay.· Are these employees who's inspecting 23· ·the premises, which is reflected on Exhibit 15, 24· ·Page 6, looking for trip hazards? 25· · · ·A· · Are they looking for it? ·1· · · ·Q· · Yes. ·2· · · ·A· · Yes. ·3· · · ·Q· · Okay.· And how do you know that? ·4· · · ·A· · Because that's how you're supposed -- ·5· ·that's -- that's -- that's what this -- ·6· · · ·Q· · Okay. ·7· · · ·A· · -- is for. ·8· · · ·Q· · Okay.· Are the employees responsible for ·9· ·inspecting the premises for hazards been trained? 10· · · ·A· · Verbally trained. 11· · · ·Q· · Who trained the -- the -- the employees to 12· ·identify hazards in the store? 13· · · ·A· · Me. 14· · · ·Q· · You? 15· · · ·A· · Uh-huh. 16· · · ·Q· · And you verbally trained them? 17· · · ·A· · Yes. 18· · · ·Q· · And is there any written training 19· ·instructions? 20· · · ·A· · No. 21· · · ·Q· · Okay.· And who trained you? 22· · · ·A· · To -- who trained me to identify what's 23· ·hazard and what's not? 24· · · ·Q· · That's correct. 25· · · ·A· · Just my common sense. ·1· · · ·Q· · Your common sense? ·2· · · ·A· · Yes. ·3· · · ·Q· · Okay.· Have you ever been formally trained ·4· ·to identify Chaz- -- trip hazards in your store? ·5· · · ·A· · No. ·6· · · ·Q· · Have you ever been formally instructed by ·7· ·anyone to identify trip hazards in the store? ·8· · · ·A· · No. ·9· · · ·Q· · Have you ever received any instructions from 10· ·any written material to identify trip hazards in the 11· ·store? 12· · · ·A· · Any written instructions?· I don't think so. 13· · · ·Q· · Have you tried to educate yourself in any 14· ·way to identify trip hazards in the store? 15· · · ·A· · How -- educate myself? 16· · · ·Q· · Yes. 17· · · ·A· · What do you -- what do you -- how -- what do 18· ·you mean by have -- have I tried to educate myself? 19· · · ·Q· · Have you made any efforts to learn how to 20· ·identify trip hazards in the store? 21· · · ·A· · Have I -- have I -- can you repeat that? 22· ·Sorry. 23· · · ·Q· · Sure.· Let me ask it differently. 24· · · · · · What have you done to educate yourself to 25· ·identify trip hazard in the store since you worked ·1· ·there? ·2· · · ·A· · Well, I would walk and see if anything is in ·3· ·the way of the walkway. ·4· · · ·Q· · Okay. ·5· · · ·A· · And if it is in the walkway, I would, you ·6· ·know, clean it and let them know that -- you know, ·7· ·if -- you know, if -- ·8· · · ·Q· · Okay.· Got it. ·9· · · · · · So you never receive any type of training to 10· ·identify trip hazards; is that correct? 11· · · ·A· · Yes. 12· · · ·Q· · And you never received any type of 13· ·instructions to identify trip hazards; is that 14· ·correct? 15· · · ·A· · Yes. 16· · · ·Q· · And you never received any type of written 17· ·material that will teach you to identify trip hazards 18· ·in the store; is that correct? 19· · · ·A· · No, I don't have -- yeah, no. 20· · · ·Q· · Is that correct? 21· · · ·A· · Yes. 22· · · ·Q· · Okay.· And you never received any type of 23· ·written material to educate yourself to identify a 24· ·trip hazard in the store; is that correct? 25· · · ·A· · Yes. ·1· · · ·Q· · Okay.· And so you're the person that trains ·2· ·all the employees -- ·3· · · ·A· · Uh-huh. ·4· · · ·Q· · -- to identify a trip hazard in the store; ·5· ·is that correct? ·6· · · ·A· · Uh-huh. ·7· · · ·Q· · Is that a "yes"? ·8· · · ·A· · Yes. ·9· · · ·Q· · Okay.· And so how would you know that you 10· ·have the knowledge and the skills to identify trip 11· ·hazards? 12· · · ·A· · Well, I -- I'm -- I just think that with 13· ·common sense, if I'm walking in the aisles and if I 14· ·see something that's -- that would cause, you know, 15· ·anyone to fall, just -- I mean, just -- just common 16· ·sense.· Like if I would -- if I'm going to trip and 17· ·fall on that, that would cause someone to fall. 18· · · ·Q· · Okay.· And you're responsible -- you're the 19· ·person that's ultimately responsible for making rules 20· ·to prevent trip hazards in the store; is that 21· ·correct? 22· · · ·A· · Yes. 23· · · ·Q· · Okay.· And do you agree that your store has 24· ·a responsibility to protect the -- the customers from 25· ·injuries? ·1· · · · · · MR. HOY:· Objection.· Calls for a legal ·2· ·conclusion and speculation. ·3· · · · · · THE WITNESS:· We make sure -- we -- we try ·4· ·to -- you know, we do keep everything so that ·5· ·customers can be safe, but, you know, I can't -- I ·6· ·mean, customers have to pay -- also keep an eye on ·7· ·some of the items.· I mean, you can't just blindly ·8· ·walk around, right? ·9· ·BY MR. NAKASE: 10· · · ·Q· · Okay.· Is it -- is it ever okay for your 11· ·company to create a needless danger to the customers? 12· · · ·A· · To create an -- like a -- can you -- 13· · · ·Q· · That's fine. 14· · · · · · Is it ever okay for your company to create a 15· ·needless danger to the customers? 16· · · ·A· · Is it okay? 17· · · ·Q· · Yeah. 18· · · ·A· · To create -- no, it's not okay to create. 19· · · ·Q· · Okay.· So is it your company's standard to 20· ·not create a needless danger to the customer? 21· · · ·A· · Yes. 22· · · ·Q· · And why is that important? 23· · · ·A· · That it's -- that -- that we try to keep 24· ·it -- we don't want anyone to fall. 25· · · ·Q· · Why not? ·1· · · ·A· · What do you mean?· What do you mean -- ·2· · · ·Q· · Why not?· Why wouldn't you want anyone to ·3· ·fall? ·4· · · · · · That's fine. ·5· · · ·A· · I -- I don't want anyone to fall. ·6· · · ·Q· · Okay.· And do you agree a grocery store is ·7· ·not allowed to needlessly endanger its customers? ·8· · · · · · MR. HOY:· Calls for a legal conclusion. ·9· · · · · · THE WITNESS:· Can you repeat? 10· ·BY MR. NAKASE: 11· · · ·Q· · Do you agree a grocery store is not allowed 12· ·to needlessly endanger its customers? 13· · · · · · MR. HOY:· Same objection. 14· · · · · · THE WITNESS:· We don't want to leave things 15· ·around so that customers will fall.· So we -- we -- 16· ·we don't leave things there on the purpose to let a 17· ·customer fall. 18· ·BY MR. NAKASE: 19· · · ·Q· · So you agree with me? 20· · · ·A· · Yes. 21· · · ·Q· · Okay.· Tell us why not. 22· · · ·A· · Your -- why -- 23· · · ·Q· · Why not? 24· · · ·A· · I -- I -- I don't want to -- I'm -- I'm -- 25· ·we're there for customers to shop, not there to make ·1· ·a customer fall. ·2· · · ·Q· · I -- I agree with you. ·3· · · ·A· · Uh-huh. ·4· · · ·Q· · Yeah. ·5· · · · · · So needless endangerment is always ·6· ·negligent, right? ·7· · · · · · MR. HOY:· Again, objection.· Calls for a ·8· ·legal conclusion.· Incomplete hypothetical. ·9· · · · · · THE WITNESS:· I don't -- 10· ·BY MR. NAKASE: 11· · · ·Q· · Do you agree or disagree? 12· · · ·A· · I -- I don't know what that question -- 13· · · ·Q· · Okay.· Is there any such thing as an 14· ·ordinary care that would needlessly endanger a 15· ·grocery store customer? 16· · · · · · MR. HOY:· Objection.· Calls for a legal 17· ·conclusion.· Incomplete hypothetical.· Calls for 18· ·speculation.· Lacks foundation. 19· · · · · · THE WITNESS:· I don't know that question to 20· ·answer you. 21· ·BY MR. NAKASE: 22· · · ·Q· · Do you agree that there's no such thing as a 23· ·standard of care that needlessly endangers a grocery 24· ·store customer? 25· · · · · · MR. HOY:· Objection.· Overbroad.· Calls for ·1· ·a legal conclusion.· Lacks foundation.· Incomplete ·2· ·hypothetical and calls for speculation. ·3· · · · · · THE WITNESS:· I -- I don't understand that ·4· ·question.· But we wouldn't put anything there for -- ·5· ·on purpose for a customer to fall. ·6· ·BY MR. NAKASE: ·7· · · ·Q· · Okay.· Let me ask you.· Do you agree with ·8· ·the rule that there's no such thing as a standard of ·9· ·care that needlessly endanger your customer? 10· · · · · · MR. HOY:· Same series of objections, please. 11· · · · · · THE WITNESS:· I -- I don't understand the 12· ·question.· I'm just saying that I wouldn't put 13· ·anything there on the purpose to make the customer 14· ·fall or to let them trip and fall or anything that 15· ·would cause for them to harm them. 16· ·BY MR. NAKASE: 17· · · ·Q· · Okay.· Do you agree that it's never okay to 18· ·create a condition that needlessly endangers your 19· ·customers? 20· · · ·A· · Yes.· It's not okay to leave something there 21· ·to -- 22· · · ·Q· · Okay.· Okay.· And so you as a store manager, 23· ·you're not allowed to needlessly endanger your 24· ·customer; am I correct? 25· · · ·A· · Uh-huh. ·1· · · ·Q· · Yes? ·2· · · ·A· · Okay.· Yes. ·3· · · ·Q· · Okay.· And why not?· Tell us why. ·4· · · ·A· · Why -- it's not okay -- like I said, it's ·5· ·not okay to -- my -- my purpose is not to leave ·6· ·anything out there for a customer to -- for customers ·7· ·to fall.· It's their -- we are there to let customers ·8· ·shop -- shop our store, not there on the purpose to ·9· ·have them trip and fall in our -- in our store. 10· · · ·Q· · Right.· The customer is there to shop in the 11· ·store; is that what you're saying? 12· · · ·A· · Yes. 13· · · ·Q· · And that is so the company can make as money 14· ·as much -- as much money as possible; is that 15· ·correct? 16· · · · · · MR. HOY:· Calls for speculation. 17· · · · · · THE WITNESS:· Well, it's a business. 18· ·BY MR. NAKASE: 19· · · ·Q· · Okay.· So you agree? 20· · · ·A· · We're -- we're there so that customers can 21· ·shop. 22· · · ·Q· · To make as money as -- as much money as 23· ·possible? 24· · · · · · MR. HOY:· Calls for speculation. 25· · · · · · THE WITNESS:· We're there so that customers ·1· ·can shop.· They come in.· They need their -- their ·2· ·goods and we're there. ·3· ·BY MR. NAKASE: ·4· · · ·Q· · And that's your objective, to make as much ·5· ·money as possible.· Do you agree? ·6· · · · · · MR. HOY:· Objection.· Calls for speculation. ·7· ·Lacks foundation also. ·8· · · · · · THE WITNESS:· It's for customers to ·9· ·purchase -- 10· ·BY MR. NAKASE: 11· · · ·Q· · You're the store manager; is that correct? 12· · · ·A· · I am the store manager. 13· · · ·Q· · Okay.· And it's your responsibility to 14· ·ensure the store is as profitable as possible, 15· ·correct? 16· · · ·A· · Profit, but not to have -- okay. 17· · · · · · MR. HOY:· Just answer his question. 18· · · · · · THE WITNESS:· Yes. 19· ·BY MR. NAKASE: 20· · · ·Q· · Is that correct? 21· · · ·A· · Yes. 22· · · ·Q· · Okay.· But not to what? 23· · · ·A· · I'm answering your question so that 24· ·customers -- yes, we're there for business.· It's a 25· ·profit. ·1· · · ·Q· · And so you, as a store manager, you're not ·2· ·allowed to make a choice that needlessly endangers ·3· ·your customers, correct? ·4· · · ·A· · We're not allowed to what? ·5· · · ·Q· · Needlessly endanger your customer. ·6· · · ·A· · We're there for customer's wants and needs. ·7· ·We're not there -- I'm not -- I'm not there to ·8· ·purposely make -- let -- so that customers can fall. ·9· ·I would love for them to come back and shop. I 10· ·wouldn't put anything out there to put anyone in harm 11· ·or fall or anything.· I just want to make my 12· ·customers happy by having them return -- to be return 13· ·customers. 14· · · ·Q· · So you agree with my statement? 15· · · ·A· · I don't remember what your statement was. 16· · · ·Q· · As a -- as a store manager, you're not 17· ·allowed to make a choice that needlessly puts your 18· ·customers in danger? 19· · · ·A· · You -- sorry.· Are -- are you asking me that 20· ·I'm not -- we're not -- I'm not trying to make it so 21· ·that it's -- that my customer would fall -- be in 22· ·danger?· Is that -- 23· · · ·Q· · Do you want me to say it one more time? 24· · · ·A· · Yes, please. 25· · · ·Q· · Okay.· I'm going to say it very slow. ·1· · · · · · Would you like a break?· I don't -- I'm not ·2· ·here -- we're not here to torture you.· We're just ·3· ·trying to get information. ·4· · · ·A· · Uh-huh.· No. ·5· · · ·Q· · Would you like a break? ·6· · · ·A· · No, that's fine. ·7· · · ·Q· · Would you like to speak with your counsel? ·8· · · ·A· · No, that's fine. ·9· · · ·Q· · Okay.· I'm going to do it one more time.· If 10· ·I go too fast or too slow, please let me know. 11· · · · · · MR. HOY:· But it also may not be a speed 12· ·issue.· It may just be the -- 13· · · · · · MR. NAKASE:· I'm trying -- 14· · · · · · MR. HOY:· -- a word issue. 15· · · · · · MR. NAKASE:· Okay. 16· · · · · · MR. HOY:· A meaning issue. 17· ·BY MR. NAKASE: 18· · · ·Q· · Are you allowed to make a choice that 19· ·needlessly endanger your customer? 20· · · ·A· · Am I allowed to make a choice that would 21· ·endanger my customers?· I don't know how you want me 22· ·to answer that, but what I'm saying is I would never 23· ·leave anything out there to endanger my customer. 24· · · · · · I just want my customer to come back and 25· ·shop.· And there -- and there's nothing out there ·1· ·that I would leave to endanger a customer. ·2· · · ·Q· · I -- I agree. ·3· · · ·A· · If I -- if I -- if -- I can -- I can do -- ·4· ·I -- ·5· · · ·Q· · I agree with you. ·6· · · · · · If there -- as a store manager, if there's ·7· ·a -- if -- if there's a needless danger that will ·8· ·cause your customer harm, what would you do? ·9· · · ·A· · I -- I believe that -- the things that I 10· ·have there are not there on the purpose to have my 11· ·customer harm them or find it dangerous to them. 12· · · · · · MR. HOY:· I don't think that's what he 13· ·asked. 14· · · · · · THE WITNESS:· Okay.· So -- 15· ·BY MR. NAKASE: 16· · · ·Q· · Let me ask you this.· Let me rephrase it. 17· · · · · · Do you agree as a store manager you're not 18· ·allowed to make a choice that needlessly endangers 19· ·your customer?· Yes or no? 20· · · ·A· · Can you -- 21· · · · · · MR. HOY:· Does the company allow you to make 22· ·choices that needlessly endanger customers? 23· · · · · · THE WITNESS:· Yeah, I'm allowed to make -- 24· ·BY MR. NAKASE: 25· · · ·Q· · You are? ·1· · · ·A· · To make -- what? ·2· · · · · · MR. HOY:· No, he's asking -- all right. ·3· · · · · · MR. NAKASE:· I don't think you just meant ·4· ·that. ·5· · · · · · MR. HOY:· No, exactly.· I think -- ·6· · · · · · THE WITNESS:· Can I take a break? ·7· · · · · · MR. HOY:· I think she's getting tripped up. ·8· · · · · · MR. NAKASE:· Okay.· Let's take a break. ·9· ·Okay?· Because you're stressing out.· I don't want 10· ·you to stress out.· I don't think you just meant 11· ·that. 12· · · · · · THE WITNESS:· I don't know what -- 13· · · · · · MR. NAKASE:· Okay.· Let's take a break. 14· · · · · · Is that okay with you, Counsel? 15· · · · · · MR. HOY:· Yes.· Yes. 16· · · · · · MR. NAKASE:· All right. 17· · · · · · THE VIDEOGRAPHER:· This marks the end of 18· ·Media Number 2 in the deposition of Margie Wong. 19· ·We're off the record.· The time is 12:58 p.m. 20· · · · · · (Discussion off the record. 21· · · · · · THE VIDEOGRAPHER:· This marks the beginning 22· ·of Media Number 3 in the deposition of Margie Wong. 23· ·Today's date is January 8th, 2020.· Back on the 24· ·record.· The time is 1:20 p.m. 25· · · · · · MR. NAKASE:· Madam Court Reporter, could you ·1· ·read the question back so the witness -- to refresh ·2· ·the witness, please. ·3· · · · · · (Record read. ·4· · · · · · MR. HOY:· Would you like this opportunity to ·5· ·clarify your response there and -- and perhaps your ·6· ·thinking on that question? ·7· · · · · · THE WITNESS:· Please.· I'd like to clarify ·8· ·that, no, it is not okay for me, for SF San Diego or ·9· ·our company to make any choices that would allow a 10· ·customer to get hurt or anything dangerous to them. 11· ·BY MR. NAKASE: 12· · · ·Q· · Okay.· As -- does your store -- okay. 13· ·Strike that. 14· · · · · · Is your company allowed to make a choice 15· ·that needlessly endanger its customers? 16· · · ·A· · No. 17· · · ·Q· · Do you agree as a store manager that you're 18· ·not allowed to make a choice that needlessly endanger 19· ·your customers? 20· · · ·A· · I agree that it's not allowed -- 21· · · ·Q· · Okay. 22· · · ·A· · -- to endanger my customer. 23· · · ·Q· · Okay.· And do you agree that a grocery store 24· ·is not allowed to make a choice to place merchandise 25· ·on the floor that needlessly endanger your customer ·1· ·to trip and fall? ·2· · · ·A· · We are not allowed -- no. ·3· · · ·Q· · Do you agree? ·4· · · ·A· · Yes. ·5· · · ·Q· · Is that a "yes"? ·6· · · ·A· · Yes. ·7· · · ·Q· · Okay.· Tell us why. ·8· · · ·A· · To place merchandise -- it's not okay to ·9· ·place merchandise for a customer to fall.· Our 10· ·purpose is just to make -- so the customer can shop, 11· ·not to injure them or anything dangerous in there for 12· ·them. 13· · · ·Q· · Do you agree a grocery store manager must 14· ·get training to identify trip hazard, otherwise the 15· ·store needlessly endanger its customer? 16· · · · · · MR. HOY:· Objection.· Compound. 17· · · · · · MR. NAKASE:· That's fine.· I'll break it 18· ·down. 19· · · · · · THE WITNESS:· Okay. 20· ·BY MR. NAKASE: 21· · · ·Q· · As a grocery store manager, do you agree 22· ·that you must get training to identify trip hazards? 23· · · ·A· · Not necessarily.· I mean, if it's common 24· ·sense to a person that that could be a tripping 25· ·hazard, I'd say it's not okay to leave that item ·1· ·there.· Right?· It's common sense on these tripping ·2· ·hazards. ·3· · · ·Q· · It's you agree or disagree.· I -- I don't ·4· ·know what your answer is. ·5· · · · · · So as the -- as the -- the store manager, do ·6· ·you agree that you must get training to identify trip ·7· ·hazards?· Yes or no? ·8· · · · · · MR. HOY:· And I -- and I will say if you're ·9· ·unable to answer in a yes or no, you can give the 10· ·answer that makes you feel comfortable. 11· · · · · · THE WITNESS:· Okay.· Well, again, I said 12· ·that if it's -- it's just common sense that if it -- 13· ·if it -- if it looks to be a -- a tripping hazard or 14· ·dangerous to a customer, I can make -- I -- I mean, 15· ·it's just common sense. 16· ·BY MR. NAKASE: 17· · · ·Q· · Okay.· Do you agree that if you were to get 18· ·training to identify trip hazards, you would better 19· ·do your job? 20· · · · · · MR. HOY:· Objection.· Calls for speculation. 21· · · · · · THE WITNESS:· I -- I still think it's common 22· ·sense that if it -- if it poses a dangerous tripping 23· ·hazard or anything to a customer, it's just common 24· ·sense. 25· ·/ ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Is it your understanding that getting ·3· ·training to identify a trip hazard would make no ·4· ·difference in your ability to identify trip hazards? ·5· · · · · · MR. HOY:· Objection.· Calls for speculation. ·6· · · · · · THE WITNESS:· Can you say that again, ·7· ·please? ·8· ·BY MR. NAKASE: ·9· · · ·Q· · Yes.· Would you be able to better do your 10· ·job to identify trip hazards if you were to get 11· ·training? 12· · · · · · MR. HOY:· Calls for speculation. 13· · · · · · THE WITNESS:· Not that I'm -- I -- to 14· ·better -- I -- I -- you're saying I need to get -- 15· ·would it be -- would it do better if I get training 16· ·on -- to -- I -- I still think that -- can you -- can 17· ·you repeat it?· I -- 18· ·BY MR. NAKASE: 19· · · ·Q· · That's fine. 20· · · ·A· · I just want to make sure I understand it. 21· · · ·Q· · Would the company employees be better at 22· ·identifying needless trip hazard if the employ -- if 23· ·employees received training? 24· · · · · · MR. HOY:· Objection.· Calls for speculation. 25· · · · · · THE WITNESS:· I don't know if that would ·1· ·be -- for -- for the -- the -- for the people -- for ·2· ·the employees at SF San Diego? ·3· ·BY MR. NAKASE: ·4· · · ·Q· · Yes. ·5· · · ·A· · I don't know. ·6· · · ·Q· · If your -- if the store employees received ·7· ·training to identify needless trip hazard, would the ·8· ·employees be better at identifying needless trip ·9· ·hazards? 10· · · · · · MR. HOY:· I'm going to object that it calls 11· ·for speculation and lacks foundation.· There's no 12· ·evidence that the employees haven't received training 13· ·one way or the other. 14· ·BY MR. NAKASE: 15· · · ·Q· · Did the employees ever receive training to 16· ·identify trip hazards? 17· · · ·A· · Verbal -- verbal training.· I just -- 18· ·you're -- you're asking me will the employees be 19· ·better at what they do if they were trained at -- at 20· ·trip hazards, right? 21· · · ·Q· · And what's your answer to that? 22· · · ·A· · I had it in my head.· Will it make them 23· ·better?· I don't know if it will make them better. I 24· ·don't know.· I -- I mean, these -- some of this stuff 25· ·are just common sense.· If you don't -- if they don't ·1· ·have common sense, right?· It's common sense.· I just ·2· ·think if it -- if this in the way and it's going to ·3· ·cause you to fall, you're going to move it. ·4· · · ·Q· · Okay.· And how do you judge common sense? ·5· ·How do you judge an employee has common sense? ·6· · · ·A· · I don't know.· If that bottle was in the way ·7· ·and the employee sees that that's there, they ·8· ·should -- would they, you know, would you -- would ·9· ·you walk over there -- I mean, like, they wouldn't 10· ·walk over there and let them fall themselves, right? 11· · · ·Q· · Do you agree that some people just don't 12· ·have common sense? 13· · · ·A· · I don't know. 14· · · ·Q· · Okay.· And how do you judge that you are 15· ·very good with common sense? 16· · · ·A· · How do I judge if I have good common sense? 17· · · ·Q· · Yes, in identifying trip hazards? 18· · · ·A· · Well, if it's -- I -- if the -- if the -- 19· ·if -- if -- if the walkway is clear -- 20· · · ·Q· · Are you -- go ahead.· Are you finished? 21· · · ·A· · Yes. 22· · · ·Q· · What was your answer? 23· · · ·A· · How do I judge myself with my common sense? 24· ·I don't know.· I don't know -- 25· · · ·Q· · Do you believe you have high common sense to ·1· ·identify trip -- needless trip hazards? ·2· · · ·A· · Well, I would think I do. ·3· · · ·Q· · Do you know? ·4· · · ·A· · I think I do. ·5· · · ·Q· · Do you know?· Do you know if you have common ·6· ·sense -- high common sense to identify needless trip ·7· ·hazards? ·8· · · ·A· · I think I do. ·9· · · ·Q· · Okay.· Do you think you're qualified to give 10· ·an OSHA training on needless trip hazards? 11· · · ·A· · I -- I -- I -- I don't know. 12· · · ·Q· · Okay.· Do you know what OSHA is?· Have you 13· ·heard of OSHA? 14· · · ·A· · Yes. 15· · · ·Q· · And when have you heard of OSHA? 16· · · ·A· · I -- I can't -- I can't say the -- 17· · · ·Q· · That's fine.· When have you heard of OSHA? 18· ·Have you heard of OSHA in connection with your -- 19· ·your job? 20· · · ·A· · (Witness nods head.) 21· · · ·Q· · Yes? 22· · · ·A· · Yes. 23· · · ·Q· · And have you seen OSHA postings in your 24· ·store? 25· · · ·A· · Yes. ·1· · · ·Q· · Is that a "yes"? ·2· · · ·A· · Yes. ·3· · · ·Q· · And where have you seen OSHA posting in your ·4· ·store? ·5· · · ·A· · In our lunch room. ·6· · · ·Q· · Okay.· And you understand your store also ·7· ·has to comply with OSHA; is that correct? ·8· · · ·A· · Yes. ·9· · · ·Q· · And you understand that your store has to 10· ·comply with OSHA safety standard; do you agree? 11· · · ·A· · Yes. 12· · · ·Q· · And do you also understand that your store 13· ·has to comply with OSHA standards on trip hazards; do 14· ·you agree? 15· · · · · · MR. HOY:· Assumes facts not in evidence. 16· ·Calls for speculation.· Lacks foundation. 17· · · · · · Based on your knowledge, are you able to 18· ·give him an answer? 19· · · · · · THE WITNESS:· No. 20· · · · · · MR. HOY:· Then just say so. 21· ·BY MR. NAKASE: 22· · · ·Q· · Who in your store has received OSHA 23· ·training? 24· · · ·A· · I don't know who. 25· · · ·Q· · Has your store -- do you know if any of the ·1· ·employees, including yourself, receive any type of -- ·2· ·of OSHA's training? ·3· · · ·A· · I don't know if other employees have or not. ·4· · · ·Q· · You would know if somebody received OSHA ·5· ·training, correct? ·6· · · · · · MR. HOY:· Calls for speculation.· Ambiguous. ·7· ·OSHA training? ·8· ·BY MR. NAKASE: ·9· · · ·Q· · You would know -- you would be the person to 10· ·know if any of your employees received OSHA safety 11· ·training; is that correct? 12· · · ·A· · I'm not sure if -- if -- on that subject. 13· · · ·Q· · Okay.· Who would know? 14· · · ·A· · I don't know. 15· · · ·Q· · You don't know if anybody would know whether 16· ·any employees receive OSHA safety training? 17· · · ·A· · I don't know. 18· · · ·Q· · Okay.· Do you think that you and the 19· ·store -- strike that. 20· · · · · · Do you think the company's employees would 21· ·do their job better at identifying needless trip 22· ·hazards if the employees were to receive training? 23· · · · · · MR. HOY:· Asked and answered.· Assumes facts 24· ·not in evidence.· And lacks foundation. 25· · · · · · THE WITNESS:· I don't know.· I -- I -- I ·1· ·don't know if that -- ·2· ·BY MR. NAKASE: ·3· · · ·Q· · You don't know if it would make a ·4· ·difference? ·5· · · ·A· · I mean, I -- I don't know because you're -- ·6· ·you're telling me to guess the -- like on my -- if I ·7· ·think.· I -- I don't know. ·8· · · ·Q· · Okay.· Is that your answer, "I don't know"? ·9· · · ·A· · Yeah, I don't know. 10· · · ·Q· · Okay.· Do you agree that a grocery store 11· ·employee who is responsible for identifying trip 12· ·hazards should obtain training? 13· · · · · · MR. HOY:· Asked and answered. 14· · · · · · THE WITNESS:· I -- I don't know. 15· ·BY MR. NAKASE: 16· · · ·Q· · You don't know? 17· · · ·A· · No, I don't know. 18· · · ·Q· · Okay.· Do you agree that a grocery store 19· ·must provide danger warning to the customer when 20· ·there's a needless trip hazard? 21· · · · · · MR. HOY:· Objection.· Calls for a legal 22· ·conclusion and speculation.· And an incomplete 23· ·hypothetical and it lacks foundation. 24· · · · · · THE WITNESS:· Can we take a break? 25· · · · · · MR. HOY:· If you can answer. ·1· · · · · · MR. NAKASE:· Would you like to take a break? ·2· · · · · · MR. HOY:· Can you answer?· Oh, did you get ·3· ·that call? ·4· · · · · · THE WITNESS:· Yeah. ·5· · · · · · MR. HOY:· Is there any way to give a quick ·6· ·answer and then you can -- ·7· · · · · · THE WITNESS:· Oh -- ·8· · · · · · MR. NAKASE:· That's okay.· We'll take a ·9· ·break.· Would you like to take a break? 10· · · · · · MR. HOY:· It's okay to say "yes" -- 11· · · · · · THE WITNESS:· Yes. 12· · · · · · MR. HOY:· -- because that person is waiting. 13· · · · · · MR. NAKASE:· We can take a break. 14· · · · · · MR. HOY:· She just has to pick up that 15· ·backpack. 16· · · · · · THE WITNESS:· Yes, please. 17· · · · · · THE VIDEOGRAPHER:· Going off the record. 18· ·The time is 1:36 p.m. 19· · · · · · (Recess. 20· · · · · · THE VIDEOGRAPHER:· Back on the record.· The 21· ·time is 1:43 p.m. 22· ·BY MR. NAKASE: 23· · · ·Q· · Ms. Wong, we took a break.· Would you like 24· ·to -- could we invite you to give an answer to our 25· ·question, please? ·1· · · ·A· · Okay.· Can you word it so I can -- because ·2· ·I'm -- I want to understand the question before I ·3· ·answer. ·4· · · ·Q· · When your store has a needless trip hazards, ·5· ·do you think it's important to warn your customers? ·6· · · · · · MR. HOY:· I'm going to object that it lacks ·7· ·foundation and an incomplete hypothetical. ·8· · · · · · THE WITNESS:· I wouldn't leave a trip -- I ·9· ·wouldn't have to warn a customer if I'm not going to 10· ·leave that place dangerous to a customer. 11· ·BY MR. NAKASE: 12· · · ·Q· · So you would never -- 13· · · ·A· · Right?· I mean -- 14· · · · · · MR. HOY:· No, just let him ask the question. 15· ·BY MR. NAKASE: 16· · · ·Q· · Is that your answer?· Do you agree or 17· ·disagree? 18· · · · · · MR. HOY:· Again, you -- you have to be happy 19· ·with your answer.· But if you're able to agree or 20· ·disagree with his statement, then by all means. 21· · · · · · THE WITNESS:· All I'm saying that I don't 22· ·have to inform a customer that there's a danger there 23· ·because I wouldn't -- wouldn't leave something 24· ·dangerous that would harm a customer. 25· ·/ ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Okay.· You would never leave a trip ·3· ·hazard that -- sorry, strike that. ·4· · · · · · You would never leave a needless trip hazard ·5· ·ex- -- exposed to endanger your customers? ·6· · · ·A· · No, I wouldn't. ·7· · · ·Q· · Why not? ·8· · · ·A· · I don't want them to fall.· I want to ·9· ·protect my customer.· I don't want them to fall. I 10· ·wouldn't want them to fall. 11· · · ·Q· · And do you agree that when your company 12· ·doesn't provide formal training for employees to 13· ·identify needless trip hazard, you're creating a 14· ·danger to your customers? 15· · · · · · MR. HOY:· Overbroad.· Calls for speculation. 16· ·Incomplete hypothetical. 17· · · · · · THE WITNESS:· You're saying that -- you're 18· ·saying that it's -- it's a -- can you repeat? 19· · · · · · (Record read. 20· · · · · · I don't agree. 21· ·BY MR. NAKASE: 22· · · ·Q· · Why don't you agree? 23· · · ·A· · Because I've been on this job for a long 24· ·time.· I can recognize using my common sense whether 25· ·that is dangerous to a customer or not. ·1· · · ·Q· · Okay.· And you'll always -- are you -- are ·2· ·you always able to identify a needless trip hazard to ·3· ·your customers? ·4· · · ·A· · Always? ·5· · · ·Q· · Yes. ·6· · · · · · MR. HOY:· Incomplete hypothetical and calls ·7· ·for speculation.· Assumes that she is aware of the ·8· ·hazard. ·9· · · · · · THE WITNESS:· Yeah.· If it -- if it seems 10· ·like a tripping hazard or dangerous to a customer, I 11· ·would -- I mean, I wouldn't leave it there for them. 12· ·BY MR. NAKASE: 13· · · ·Q· · Do you agree that when you don't receive 14· ·formal training to identify trip hazards, you 15· ·needlessly endanger your customers? 16· · · · · · MR. HOY:· Asked and answered. 17· ·BY MR. NAKASE: 18· · · ·Q· · Yes or no? 19· · · ·A· · I don't think that -- I mean, with -- with 20· ·my experience in the market, I don't think that 21· ·I'm -- like I have -- well, I'm -- I can use my 22· ·common sense to -- to see whether that is a trip 23· ·hazard or not or dangerous to a customer. 24· · · ·Q· · And you don't think that it's important for 25· ·you to obtain training to identify a trip hazard; is ·1· ·that correct? ·2· · · ·A· · I feel that with -- with what I've been ·3· ·working with, I feel that I have the common sense and ·4· ·the knowledge to -- to -- to protect and try to keep ·5· ·the place safe. ·6· · · ·Q· · And you don't think that your employees ·7· ·should receive training to identify needless trip ·8· ·hazard to prevent danger to your customer; is that ·9· ·correct? 10· · · · · · MR. HOY:· Asked and answered. 11· · · · · · THE WITNESS:· You said that I don't believe 12· ·that they need it?· They -- they do get training, 13· ·verbal training from me. 14· ·BY MR. NAKASE: 15· · · ·Q· · Okay.· And what does the verbal training 16· ·consist of to the employees for them to identify 17· ·needless trip hazard in your store? 18· · · ·A· · What -- you're asking me how I train them? 19· · · ·Q· · (Counsel nods head.) 20· · · ·A· · Well, it depends on -- I mean, I -- what 21· ·you're -- if it looks like a tripping hazard, if it's 22· ·in the way -- you know, if it's -- if it's in the 23· ·walkway, we don't want to keep anything in the 24· ·walkway so that the customers can have a safe -- like 25· ·it's not a danger, you know, a danger to them. ·1· · · ·Q· · Do you walk the employees around to help ·2· ·them identify needless trip hazards? ·3· · · ·A· · We do that. ·4· · · · · · MR. HOY:· Vague -- vague as to time. ·5· ·BY MR. NAKASE: ·6· · · ·Q· · All the time.· Every employee. ·7· · · · · · MR. HOY:· Are you asking if she walks with ·8· ·an employee every time that -- that employee goes ·9· ·on an inspection? 10· ·BY MR. NAKASE: 11· · · ·Q· · Do you walk with the employees to train them 12· ·to identify needless trip hazard in your store? 13· · · · · · MR. HOY:· Vague and ambiguous. 14· · · · · · THE WITNESS:· I -- I don't have -- I mean, 15· ·like, I don't have a danger spot in the store to walk 16· ·them to and point it out to them, but -- 17· ·BY MR. NAKASE: 18· · · ·Q· · Okay.· So those employees that are 19· ·responsive for -- responsible for identifying trip 20· ·hazards, you haven't walked them through the store to 21· ·identify trip hazards? 22· · · · · · MR. HOY:· Vague and ambiguous and confusing. 23· · · · · · THE WITNESS:· It is confusing. 24· ·BY MR. NAKASE: 25· · · ·Q· · Okay.· Have you ever walked the employees ·1· ·around the store -- strike that. ·2· · · · · · Have you ever walked with the employees who ·3· ·are responsible for identifying needless trip hazards ·4· ·around the store to train them? ·5· · · ·A· · I don't have -- okay.· I -- there's -- to ·6· ·walk them around the store, I don't have spots where ·7· ·it's a tripping hazard or dangerous to a customer to ·8· ·point out to them. ·9· · · ·Q· · Okay.· And so because you believe your store 10· ·never has a trip hazard in the store, you are never 11· ·able to train your employees to identify a trip 12· ·hazard; is that correct? 13· · · · · · MR. HOY:· That misstates her testimony. 14· ·It's an incomplete hypothetical and lacks foundation. 15· · · · · · THE WITNESS:· I didn't say "never."· I just 16· ·said that it's not -- that I don't have a place to 17· ·walk them and say this is a -- this is a tripping 18· ·hazard. 19· ·BY MR. NAKASE: 20· · · ·Q· · That has never occurred? 21· · · ·A· · I said I don't -- I don't -- I don't have a 22· ·spot in the store that has a tripping hazard to walk 23· ·them and say this is a -- this -- I don't have a spot 24· ·that says that, but we talk about it.· But I don't 25· ·have a place to say this is a tripping hazard. ·1· · · ·Q· · Okay.· Have you ever walked any employees ·2· ·responsible for identifying trip hazards around the ·3· ·store to identify a trip hazard? ·4· · · ·A· · There is -- I -- I don't -- I don't -- I ·5· ·don't -- I don't have a trip hazard where I have to ·6· ·walk them and say this is a tripping hazard. ·7· · · ·Q· · Okay.· And so you have never had a trip ·8· ·hazard in your store since 2008; is that correct? ·9· · · · · · MR. HOY:· Misstates testimony. 10· · · · · · THE WITNESS:· I don't -- 11· ·BY MR. NAKASE: 12· · · ·Q· · Let me rephrase. 13· · · · · · You have never seen a trip hazard in your 14· ·store since 2008; is that correct? 15· · · ·A· · I didn't say I've never seen.· I said that I 16· ·don't have a tripping hazard I -- in the store where 17· ·I need to say, "Walk over here with me and I'm going 18· ·to show it to you." 19· · · ·Q· · Have you ever seen a trip hazard in your 20· ·store? 21· · · ·A· · Well, no. 22· · · ·Q· · And so because you have never seen a trip 23· ·hazard in your store, you have never walked an 24· ·employee responsive for -- responsible for 25· ·identifying trip hazards to identify trip hazards, ·1· ·correct? ·2· · · · · · MR. HOY:· Vague and ambiguous.· Overbroad as ·3· ·to time. ·4· · · · · · THE WITNESS:· How do I say -- if it's a ·5· ·tripping hazard, I would have immediately cleaned ·6· ·up or fixed the problem.· There's no way where I ·7· ·would say, "Hang on, trip," and then go grab someone ·8· ·and come, right? ·9· ·BY MR. NAKASE: 10· · · ·Q· · Okay.· And so there has never been a trip 11· ·hazard which gave you the opportunity to train an 12· ·employee to identify a trip hazard, correct? 13· · · · · · MR. HOY:· I'm going to object as to 14· ·ambiguous regarding "trip hazard."· I -- and I think 15· ·that is an undefined term at this point. 16· · · · · · I heard her say something about a slip 17· ·earlier.· And if there's a difference between the 18· ·two, I think that should be distinguished. 19· ·BY MR. NAKASE: 20· · · ·Q· · You may answer yes or no. 21· · · ·A· · Your question again?· Can you, please? 22· · · ·Q· · You have informed us that whenever there's a 23· ·trip hazard, you immediately remove the trip hazards; 24· ·is that correct? 25· · · ·A· · If there was one. ·1· · · ·Q· · You would remove it? ·2· · · ·A· · I -- okay.· When you say "trip hazard," I ·3· ·will remove it, remove what?· I mean, it could be a ·4· ·piece of trash that I could have picked up. ·5· · · ·Q· · Are you saying that a piece of trash on the ·6· ·floor could be a trip hazard? ·7· · · ·A· · I don't know.· I don't know if it could be a ·8· ·trip hazard or not.· I mean, like, I would -- I would ·9· ·pick it up. 10· · · ·Q· · Okay. 11· · · ·A· · But I wouldn't leave it there for someone to 12· ·step on it and could slip. 13· · · ·Q· · Has the opportunity ever arise [sic] in your 14· ·store where there's a trip hazard which gave you the 15· ·opportunity to train an employee responsible for 16· ·identifying trip hazards to go look at that location? 17· · · · · · MR. HOY:· Vague and ambiguous as to the 18· ·phrase "trip hazards." 19· · · · · · THE WITNESS:· When you -- okay.· Trip 20· ·hazard.· I don't see in -- like in the store that 21· ·something -- an item is a trip hazard that I need to 22· ·remove and train them. 23· ·BY MR. NAKASE: 24· · · ·Q· · Okay.· And do you agree a grocery store must 25· ·provide danger warning to its customer when there's a ·1· ·needless danger to the customers? ·2· · · ·A· · Danger warning? ·3· · · · · · MR. HOY:· Objection.· Calls for a legal ·4· ·conclusion and an incomplete hypothetical. ·5· ·BY MR. NAKASE: ·6· · · ·Q· · You may answer. ·7· · · ·A· · Danger warning?· What -- can you -- ·8· · · ·Q· · When there's a -- when there's a danger in ·9· ·your store, it's important for you to post warnings 10· ·for the customer; do you agree? 11· · · · · · MR. HOY:· Overbroad.· Incomplete 12· ·hypothetical. 13· · · · · · THE WITNESS:· Well, if it's -- why -- it 14· ·should be fixed immediately, not leave a danger 15· ·warning. 16· ·BY MR. NAKASE: 17· · · ·Q· · Okay.· And when you cannot fix it -- when 18· ·you can't fix the danger and remove the danger, it's 19· ·important for you to provide warnings for your 20· ·customers, right? 21· · · · · · MR. HOY:· Assumes facts not in evidence. 22· ·Incomplete hypothetical. 23· · · · · · THE WITNESS:· I -- but I wouldn't leave it 24· ·there so that I would have to warn a customer. 25· ·/ ·1· ·BY MR. NAKASE: ·2· · · ·Q· · And if you couldn't remove a trip hazard, do ·3· ·you think it's important for the store to warn its ·4· ·customer? ·5· · · ·A· · I wouldn't -- ·6· · · · · · MR. HOY:· Calls for speculation. ·7· · · · · · THE WITNESS:· I wouldn't leave that ·8· ·item that would -- whatever is there for a customer ·9· ·to trip, so. 10· ·BY MR. NAKASE: 11· · · ·Q· · I understand that.· But if you can't remove 12· ·it, do you think -- do you -- if you cannot remove a 13· ·trip hazard, do you think it's important to warn your 14· ·customers? 15· · · · · · MR. HOY:· Incomplete hypothetical. 16· · · · · · THE WITNESS:· I wouldn't leave anything 17· ·there that would harm a customer so that I would 18· ·have -- I wouldn't leave anything there that would 19· ·harm a customer. 20· ·BY MR. NAKASE: 21· · · ·Q· · Okay.· You would never leave a trip hazard 22· ·in your store that can trip your customers? 23· · · ·A· · I wouldn't leave anything that would harm or 24· ·put my customer in danger. 25· · · ·Q· · Okay.· Do you agree that a grocery store may ·1· ·not needlessly endanger its customer by placing ·2· ·merchandise on the floor? ·3· · · · · · MR. HOY:· Asked and answered. ·4· · · · · · THE WITNESS:· Can you -- I would not leave ·5· ·anything on the floor that would danger [sic] a ·6· ·customer. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · So you're agreeing? ·9· · · ·A· · That I would never leave anything that would 10· ·endanger a customer. 11· · · ·Q· · Okay.· You agree with my question? 12· · · ·A· · Yes. 13· · · ·Q· · Okay.· And do you also agree a grocery store 14· ·may not needlessly endanger its customer by placing 15· ·merchandise on the floor creating a trip hazard? 16· · · ·A· · I would never leave anything on the floor 17· ·that would cause any danger to my customer. 18· · · ·Q· · So you agree? 19· · · ·A· · Yes. 20· · · ·Q· · And do you also agree that to prevent 21· ·needless danger, a grocery store must not allow any 22· ·merchandise to be placed on the floor? 23· · · · · · MR. HOY:· Asked and answered.· Calls for a 24· ·legal conclusion. 25· · · · · · THE WITNESS:· I would never leave anything ·1· ·on the floor that would be dangerous to a customer. ·2· ·BY MR. NAKASE: ·3· · · ·Q· · So you agree with my question? ·4· · · ·A· · Yes. ·5· · · ·Q· · And do you also agree if there's a needless ·6· ·danger of a trip hazard, a grocery store must remove ·7· ·the trip hazard? ·8· · · ·A· · I would never leave anything on the floor ·9· ·that would danger a customer. 10· · · ·Q· · Okay.· So you agree with my question? 11· · · ·A· · Yes. 12· · · ·Q· · And do you also agree that until the trip 13· ·hazard is removed, the grocery store must warn the 14· ·customer in time so the customer may avoid it? 15· · · · · · MR. HOY:· Objection.· Calls for a legal 16· ·conclusion and an incomplete hypothetical. 17· · · · · · THE WITNESS:· I would never leave anything 18· ·on the floor that would be a danger to a customer. 19· ·BY MR. NAKASE: 20· · · ·Q· · And do you also agree that nothing is safe 21· ·enough if it allows danger to the customer when a 22· ·safer available choice can be achieved with identical 23· ·benefits? 24· · · · · · MR. HOY:· Ob- -- objection.· Overbroad. 25· ·Vague and ambiguous.· Calls for speculation. ·1· ·Incomplete hypothetical.· Probably calls for a legal ·2· ·conclusion somewhere. ·3· · · · · · THE WITNESS:· I don't under- -- I -- I ·4· ·don't -- ·5· ·BY MR. NAKASE: ·6· · · ·Q· · Do you agree that nothing is safe enough if ·7· ·it allows danger when a safer available choice can be ·8· ·achieved with the identical benefits for the store? ·9· · · · · · MR. HOY:· Same objections.· And I'll add 10· ·possibly calls for an expert opinion. 11· · · · · · THE WITNESS:· I -- I -- I don't know -- 12· ·BY MR. NAKASE: 13· · · ·Q· · You can't answer that question? 14· · · ·A· · I don't know what you want -- like you're 15· ·ask -- like you're trying to ask. 16· · · · · · MR. HOY:· If you don't understand the 17· ·question, just say you don't understand. 18· · · · · · THE WITNESS:· I don't understand the 19· ·question, so I don't know what you want -- you're 20· ·asking me. 21· ·BY MR. NAKASE: 22· · · ·Q· · Do you agree that no matter what other 23· ·grocery stores are doing, you must always be careful 24· ·enough not to cause foreseeable danger to your 25· ·customers? ·1· · · ·A· · I wouldn't -- ·2· · · · · · MR. HOY:· Assumes -- overbroad.· Vague and ·3· ·ambiguous.· Calls for speculation. ·4· · · · · · Go ahead. ·5· · · · · · THE WITNESS:· I would never leave anything ·6· ·that would cause danger to my customers. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · So you agree with me? ·9· · · · · · MR. HOY:· And before you just agree with 10· ·him, remember what he's asking.· I mean, if you 11· ·understand that question, then you can agree or 12· ·disagree -- 13· · · · · · THE WITNESS:· I -- 14· · · · · · MR. HOY:· -- but I -- how is -- how is she 15· ·supposed to know what other grocery stores are doing? 16· ·I just don't get this kind of questioning. 17· ·BY MR. NAKASE: 18· · · ·Q· · Do you understand my question? 19· · · ·A· · No, I don't. 20· · · ·Q· · Okay.· I'm going to ask it one more time. 21· · · · · · No matter what other grocery stores are 22· ·doing, you must be careful enough not to cause a 23· ·foreseeable danger to your customers? 24· · · · · · MR. HOY:· I'm going to object that it's 25· ·vague and ambiguous and overbroad.· Incomplete ·1· ·hypothetical.· Calls for an expert opinion and a ·2· ·legal conclusion. ·3· · · · · · THE WITNESS:· I don't know what other stores ·4· ·are doing.· I'm just saying that I would never put ·5· ·anything to endanger my customer. ·6· ·BY MR. NAKASE: ·7· · · ·Q· · So you agree with me? ·8· · · ·A· · I -- I -- I -- I'm just saying that I ·9· ·don't -- I would never harm my customer. 10· · · ·Q· · Okay.· And it doesn't matter what other 11· ·stores are doing, you must always be careful enough 12· ·not to cause -- strike that. 13· · · · · · No matter what other stores are doing, you 14· ·must always be careful enough not to allow 15· ·foreseeable danger to your customers; do you agree? 16· · · · · · MR. HOY:· Exact same question.· Exact same 17· ·objections. 18· · · · · · THE WITNESS:· I said I would never leave 19· ·anything so that it would be a danger to my customer. 20· ·BY MR. NAKASE: 21· · · ·Q· · Okay. 22· · · ·A· · And that's -- that's what I'm saying. I 23· ·don't -- I would never leave anything to harm a 24· ·customer. 25· · · ·Q· · Okay.· And do you also agree the more ·1· ·dangerous something is, the more careful your store ·2· ·must be? ·3· · · ·A· · But I wouldn't leave anything danger for a ·4· ·customer.· I -- I -- I feel like you're telling me ·5· ·that I'm putting something danger for the customer to ·6· ·like walk into or something like that.· Is that -- is ·7· ·that -- I -- ·8· · · ·Q· · No. ·9· · · ·A· · I -- 10· · · ·Q· · I'm going to ask it one more time.· It's not 11· ·a trick question.· It's just a very simple one.· I'm 12· ·reading it nice and slow so you will understand. 13· · · · · · The more dangerous something is, the more 14· ·careful your store must be? 15· · · · · · MR. HOY:· Incomplete hypothetical.· Vague 16· ·and ambiguous.· And lacks foundation. 17· · · · · · THE WITNESS:· I wouldn't leave it if it's 18· ·danger to a customer. 19· ·BY MR. NAKASE: 20· · · ·Q· · So you agree to be more careful? 21· · · ·A· · I wouldn't leave anything that would cause 22· ·harm or danger to a customer. 23· · · ·Q· · Okay.· You would -- you would be more 24· ·careful if it was like a severe danger? 25· · · ·A· · I wouldn't leave anything to -- that would ·1· ·harm a customer, though, right?· So why be more -- ·2· ·like, I -- I just don't understand like -- ·3· · · ·Q· · Okay.· Let me give you an example. ·4· · · · · · Do you -- does your store use a band saw to ·5· ·cut bones? ·6· · · ·A· · But that's not -- but -- ·7· · · · · · MR. HOY:· He's not saying it's a tripping ·8· ·hazard, but just -- he's going somewhere with this, ·9· ·so just answer the question, I guess. 10· · · · · · THE WITNESS:· If we have a -- a -- something 11· ·to cut bones -- 12· ·BY MR. NAKASE: 13· · · ·Q· · Yeah, a band saw. 14· · · ·A· · -- in the meat -- in the meat department? 15· · · ·Q· · Yeah. 16· · · ·A· · Yes. 17· · · ·Q· · It's a band saw, right?· It has a saw with a 18· ·band and it goes up and down like this? 19· · · ·A· · Yes. 20· · · ·Q· · Is that correct? 21· · · ·A· · (Witness nods head.) 22· · · ·Q· · Okay.· And that band saw is very dangerous. 23· ·Do you agree? 24· · · ·A· · Yes. 25· · · ·Q· · You would never want your customer to get ·1· ·near that.· Do you agree? ·2· · · ·A· · They never -- yes. ·3· · · ·Q· · Okay.· Because the danger of a band saw is ·4· ·really high.· Do you agree? ·5· · · ·A· · Uh-huh. ·6· · · ·Q· · Yes? ·7· · · ·A· · Yes. ·8· · · ·Q· · Okay.· So because the band saw is very ·9· ·dangerous, you have to be more careful to prevent 10· ·danger to your customers.· Do you also agree? 11· · · · · · MR. HOY:· Objection.· Incomplete 12· ·hypothetical.· Calls for speculation.· Overbroad. 13· ·And if I haven't said ambiguous, I'll say it now. 14· ·BY MR. NAKASE: 15· · · ·Q· · Let me move on. 16· · · · · · If the harm can be severe, as a grocery 17· ·store manager, you must eliminate the needless harm. 18· ·Agree? 19· · · ·A· · Uh-huh. 20· · · ·Q· · Yes? 21· · · ·A· · If -- can you -- 22· · · ·Q· · If the harm can be severe, as a grocery 23· ·store manager, you must eliminate the harm.· Agree? 24· · · · · · MR. HOY:· Overbroad.· Vague and ambiguous. 25· ·Incomplete hypothetical. ·1· · · · · · THE WITNESS:· But I wouldn't -- there ·2· ·would -- I wouldn't -- there would -- there would -- ·3· ·the customer wouldn't be able to get near to the ·4· ·harm, though, like -- ·5· ·BY MR. NAKASE: ·6· · · ·Q· · Okay.· Let me ask it differently so -- so ·7· ·we're all on the same page. ·8· · · · · · If a trip hazard can cause a harm that is ·9· ·severe, as a grocery store manager, you must 10· ·eliminate that harm? 11· · · ·A· · Uh-huh. 12· · · ·Q· · Yes?· You would remove it? 13· · · ·A· · I -- 14· · · · · · MR. HOY:· I'm going to -- go ahead.· That's 15· ·fine. 16· · · · · · THE WITNESS:· I wouldn't leave that there 17· ·for a customer to trip. 18· ·BY MR. NAKASE: 19· · · ·Q· · Agreed.· So you agree with me? 20· · · ·A· · I'm just saying that I wouldn't leave 21· ·anything there to harm a customer or endanger them. 22· · · ·Q· · Okay.· Especially if the harm is going to be 23· ·severe, right? 24· · · ·A· · I wouldn't leave anything there that would 25· ·cause any harm to a customer. ·1· · · ·Q· · Do you consider a broken bone to -- to be a ·2· ·severe injury to a customer? ·3· · · ·A· · If -- if I consider a broken bone is -- ·4· ·is -- is severe to a customer? ·5· · · ·Q· · Yes. ·6· · · ·A· · Well, the -- like broken bone where?· Like, ·7· ·there -- I -- I just -- I mean, you're asking me ·8· ·would -- like if I fracture a bone here, is it ·9· ·severe? 10· · · · · · MR. HOY:· Then I'll object that it is vague 11· ·and ambiguous as to the meaning of the word "severe," 12· ·perhaps. 13· · · · · · THE WITNESS:· I mean -- 14· · · · · · MR. HOY:· But remember, if you don't 15· ·understand, ask him to clarify.· If you have some 16· ·confusion about what do you mean by "severe" and 17· ·you -- or you have different standards of severe, 18· ·then go ahead and say it.· You don't have to 19· ·tailor your -- you have to just worry about your 20· ·answer. 21· · · · · · THE WITNESS:· Okay. 22· · · · · · MR. HOY:· And, you know, let him ask a 23· ·follow-up if he needs to. 24· · · · · · THE WITNESS:· Okay. 25· ·/// ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Let me ask -- is -- is a broken bone ·3· ·considered a severe injury to your store's customer? ·4· · · ·A· · Define "severe." ·5· · · ·Q· · How do you define "severe"? ·6· · · ·A· · Well, I -- I mean, my severe -- I don't know ·7· ·what your severe is.· You're telling me to -- to ·8· ·agree -- to answer, and I don't know what you mean. ·9· ·Is it severe to a customer, if a broken bone is 10· ·severe to a customer. 11· · · ·Q· · What do you consider a -- what do you 12· ·consider "severe" to mean? 13· · · ·A· · Well, you -- you said a broken bone is -- is 14· ·it severe to a customer. 15· · · · · · MR. HOY:· Under your definition of "severe," 16· ·is a broken bone severe?· Is a broken bone a severe 17· ·injury under your definition?· Can you generalize? 18· · · · · · I under- -- I understand there might be a 19· ·difference between a pinky and a bone that's your 20· ·skull. 21· · · · · · THE WITNESS:· Yeah, I -- that's what I 22· ·wanted to ask him -- 23· · · · · · MR. HOY:· Then -- then you have to ask him. 24· · · · · · THE WITNESS:· -- that severe -- I mean, 25· ·broken bone where -- where -- I mean, like -- ·1· · · · · · MR. HOY:· Exactly. ·2· · · · · · THE WITNESS:· -- I -- I mean, when you're ·3· ·telling me a broken bone, is it -- if -- if it's a -- ·4· ·I mean, I don't know how severe -- where the broken ·5· ·bone is, so I don't know how to respond to you.· So I ·6· ·need you to tell me what -- what -- ·7· ·BY MR. NAKASE: ·8· · · ·Q· · When is a broken bone not severe?· What bone ·9· ·can you break that's not severe? 10· · · ·A· · Why don't you tell me which bone -- bone is 11· ·really dangerous.· I -- I -- I don't know -- I don't 12· ·understand your question. 13· · · ·Q· · Okay.· You don't -- you don't know what bone 14· ·you can break that's not severe? 15· · · ·A· · It's not that I don't know what bone I can 16· ·break.· Your "severe" is different than my "severe." 17· ·So I -- I need to know what you want me to -- 18· · · ·Q· · Okay. 19· · · ·A· · -- understand.· I need to understand. I 20· ·can't answer.· I don't know how to answer that. 21· · · ·Q· · When do you consider a broken bone severe? 22· · · ·A· · What part of a bone that's broken is severe? 23· ·I -- I -- I don't know -- 24· · · ·Q· · What part of the bone -- what part of the 25· ·body -- what part of the body when a bone is broken ·1· ·do you consider severe? ·2· · · · · · MR. HOY:· Would it help if you used the word ·3· ·"serious" or -- or something?· I mean, I -- I -- I ·4· ·understand where he's -- he's going.· I think you ·5· ·probably have a -- a response, and I know you're ·6· ·trying to be very precise, but -- ·7· · · · · · THE WITNESS:· I -- I need -- ·8· · · · · · MR. HOY:· -- you've just got to ask ·9· ·for clarification -- 10· · · · · · THE WITNESS:· I -- 11· · · · · · MR. HOY:· -- if you need to. 12· · · · · · THE WITNESS:· I need to clarify.· Because 13· ·like my daughter, she had a broken bone here and, I 14· ·mean, like -- I -- I -- I mean, broken bone -- I 15· ·don't know where the broken bone.· I want to -- I 16· ·mean -- severe -- like serious, like if it's -- 17· ·BY MR. NAKASE: 18· · · ·Q· · Your -- your daughter broke a -- broke a 19· ·bone in her arm?· Did your daughter break a bone in 20· ·her arm? 21· · · ·A· · Yes. 22· · · ·Q· · Do you consider that severe? 23· · · ·A· · No. 24· · · ·Q· · Why not? 25· · · ·A· · I -- I don't find it severe.· I -- I just -- ·1· ·I mean, she's -- she's up and moving. ·2· · · ·Q· · Okay.· So a broken -- you don't -- a broken ·3· ·bone to your -- strike that. ·4· · · · · · When your daughter broke her bone in her ·5· ·arm, you didn't think that was serious? ·6· · · ·A· · Because -- ·7· · · · · · MR. HOY:· Well, objection.· You changed the ·8· ·word to "serious" and misstates testimony. ·9· · · · · · But you can answer if you thought it was 10· ·serious. 11· · · · · · THE WITNESS:· Well, it wasn't serious. 12· ·BY MR. NAKASE: 13· · · ·Q· · Okay.· And is it your position that a broken 14· ·bone is not severe based on the bone that's broken? 15· · · · · · MR. HOY:· Objection.· Misstates testimony. 16· ·Incomplete hypothetical. 17· · · · · · THE WITNESS:· I don't understand your 18· ·question. 19· ·BY MR. NAKASE: 20· · · ·Q· · Do you consider a fractured bone in the arm 21· ·serious? 22· · · · · · MR. HOY:· Vague as to the type of fracture. 23· · · · · · THE WITNESS:· Yeah, I -- I -- I don't 24· ·understand.· I don't know how -- I don't -- 25· ·there's -- there's many serious -- there's many ·1· ·severe.· And I just don't know how -- what type of ·2· ·broken or what type of fracture and I -- to answer ·3· ·you that. ·4· ·BY MR. NAKASE: ·5· · · ·Q· · You just don't know? ·6· · · ·A· · Yeah. ·7· · · ·Q· · Is that what -- ·8· · · ·A· · I -- I don't know how to answer you because ·9· ·I don't know which part the bone, which -- how -- 10· ·like what part of the fracture, what bone.· I don't 11· ·know how to -- 12· · · ·Q· · Do you consider a fractured shoulder a 13· ·severe injury? 14· · · · · · MR. HOY:· Vague as to the type of fracture. 15· · · · · · THE WITNESS:· A -- a fractured -- no. 16· ·BY MR. NAKASE: 17· · · ·Q· · Do you consider a fractured femur a severe 18· ·injury? 19· · · · · · MR. HOY:· Do you know what a femur is? 20· · · · · · THE WITNESS:· But -- I -- I don't know. I 21· ·don't know -- 22· ·BY MR. NAKASE: 23· · · ·Q· · Okay. 24· · · ·A· · -- how -- like -- I mean, you're telling me 25· ·broken bones here and there, how -- is it serious. ·1· ·I -- I -- if it -- I don't know. ·2· · · ·Q· · Do you consider a fractured hip a severe ·3· ·injury? ·4· · · · · · MR. HOY:· Again, vague, ambiguous.· Severe? ·5· ·What kind of fracture? ·6· · · · · · THE WITNESS:· I don't know.· I'm not -- I'm ·7· ·not the doctor.· I -- I -- I can't -- I -- I don't ·8· ·know how to respond.· I'm not a doctor. ·9· ·BY MR. NAKASE: 10· · · ·Q· · What is your understanding of what a severe 11· ·injury is? 12· · · ·A· · What is my understanding of a severe injury? 13· · · ·Q· · Yes.· You have no understanding of a severe 14· ·injury; is that correct? 15· · · ·A· · Well, it's really -- my severe is different 16· ·from your severe.· And I -- I don't know how to 17· ·respond to that.· I -- it's -- it's my -- I find 18· ·severe differently from you and I can't -- I -- I 19· ·don't know. 20· · · ·Q· · That's fine.· I'd like your understanding of 21· ·a severe injury. 22· · · · · · MR. HOY:· Is there a way you could put in 23· ·your -- what you mean when you say the word "severe 24· ·injury"?· What kind of injuries are you talking 25· ·about? ·1· · · · · · THE WITNESS:· What types -- what is ·2· ·considered severe? ·3· · · · · · MR. HOY:· For you. ·4· · · · · · THE WITNESS:· For me.· I mean, I don't think ·5· ·broken bone is -- I mean, like -- if -- if -- like ·6· ·I -- I -- no. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · You don't know the answer to that? ·9· · · ·A· · No. 10· · · ·Q· · Okay.· Do you consider a fractured hip -- 11· ·strike that. 12· · · · · · Do you consider an elderly person with a 13· ·fractured hip a severe injury? 14· · · ·A· · I don't know.· I'm not a doctor.· I -- I 15· ·don't know if that's severe or not with a fractured 16· ·hip.· I -- I can't -- 17· · · ·Q· · Do you consider an elderly person with a 18· ·fractured femur a severe injury? 19· · · ·A· · I don't know.· I'm -- 20· · · ·Q· · That's fine. 21· · · · · · Do you consider an elderly person with a 22· ·fractured arm a severe injury? 23· · · ·A· · I don't know either.· I -- 24· · · ·Q· · Do you consider an elderly person with a 25· ·fractured shoulder a severe injury? ·1· · · ·A· · I don't know. ·2· · · ·Q· · Okay.· Do you consider an elderly person ·3· ·with a fractured hip, femur, arm and shoulder as ·4· ·severe injuries? ·5· · · ·A· · I -- I -- I don't know.· I'm not a doctor. ·6· ·I can't -- ·7· · · ·Q· · Okay.· Do you consider an elderly person who ·8· ·tripped and fell in your store and as a result, could ·9· ·not walk a severe injury? 10· · · · · · MR. HOY:· Vague and ambiguous.· Incomplete 11· ·hypothetical. 12· · · · · · THE WITNESS:· I -- I don't know. 13· ·BY MR. NAKASE: 14· · · ·Q· · Okay. 15· · · ·A· · I mean, I'm not a doctor.· I -- I can't 16· ·respond. 17· · · ·Q· · Okay.· Is your mother still alive? 18· · · ·A· · Yes. 19· · · ·Q· · Okay.· How old is your mother? 20· · · ·A· · She is 63. 21· · · ·Q· · Do you consider your mother an elderly 22· ·person? 23· · · ·A· · No. 24· · · ·Q· · At what age is a person considered elderly 25· ·to you? ·1· · · ·A· · I never thought about what age are they ·2· ·considered elderly.· I -- ·3· · · ·Q· · I'm asking you what does it mean to you, a ·4· ·person that's elderly, how old are they? ·5· · · ·A· · My grandmother, she's 95. ·6· · · ·Q· · Okay.· Can a person in their seventies be ·7· ·elderly? ·8· · · ·A· · I don't know. ·9· · · ·Q· · Can a person in their eighties be considered 10· ·elderly? 11· · · ·A· · Maybe. 12· · · · · · MR. HOY:· You know, it calls for 13· ·speculation. 14· · · · · · THE WITNESS:· I don't -- maybe.· I don't 15· ·know. 16· ·BY MR. NAKASE: 17· · · ·Q· · Okay.· You don't know?· All right.· I'll 18· ·accept your answer as "I don't know." 19· · · · · · If your mother suffered a fractured hip from 20· ·a trip and fall, do you consider that a serious 21· ·injury? 22· · · ·A· · I -- I -- I don't know.· I mean -- 23· · · ·Q· · That's fine. 24· · · ·A· · -- if the doctor says so.· I don't -- I 25· ·don't know. ·1· · · ·Q· · Okay. ·2· · · ·A· · I'm not a doctor. ·3· · · ·Q· · And do you agree that when you violate a ·4· ·safety rule by creating a needless danger causing a ·5· ·customer to be injured, your customer -- your company ·6· ·has to pay for the customer's care, suffering, pain ·7· ·and disability? ·8· · · · · · MR. HOY:· I'm going to go ahead and just say ·9· ·every objection that is known to exist and instruct 10· ·you not to answer. 11· · · · · · That calls for expert legal opinion.· It 12· ·calls for speculation.· Lacks foundation.· Incomplete 13· ·hypothetical.· Compound.· You name it, it's in there. 14· · · · · · So I instruct you not to answer. 15· ·BY MR. NAKASE: 16· · · ·Q· · Are you going to answer my question? 17· · · ·A· · (Witness shakes head.) 18· · · · · · MR. HOY:· I would advise you not to. 19· ·BY MR. NAKASE: 20· · · ·Q· · You're not going to answer the question? 21· · · ·A· · Huh-uh. 22· · · ·Q· · And what is the reason for you not answering 23· ·the question? 24· · · ·A· · My lawyer. 25· · · ·Q· · Okay.· Do you think your company has to pay ·1· ·for a customer's injury when your store caused the ·2· ·customer to be injured? ·3· · · · · · MR. HOY:· I'm going to object.· Calls for a ·4· ·legal conclusion.· Calls for speculation. ·5· · · · · · And, again, I'm going to instruct not to ·6· ·answer. ·7· · · · · · THE WITNESS:· I'm not going to answer. ·8· · · · · · MR. NAKASE:· Mark transcript. ·9· ·BY MR. NAKASE: 10· · · ·Q· · Do you think as a store manager, your 11· ·company has a responsibility to pay for your 12· ·customer's injury when you're the one that caused the 13· ·injury? 14· · · · · · MR. HOY:· Objection.· Vague as to the term 15· ·"you."· Calls for a legal conclusion.· Incomplete 16· ·hypothetical.· Lacks foundation.· And instruct not to 17· ·answer. 18· · · · · · THE WITNESS:· (Witness shakes head.) 19· ·BY MR. NAKASE: 20· · · ·Q· · You're not going to answer that question? 21· · · ·A· · No. 22· · · ·Q· · Okay.· And do you agree as a grocery 23· ·store -- strike that. 24· · · · · · Do you agree that a careful grocery store 25· ·manager is never allowed to needlessly endanger their ·1· ·store's customer? ·2· · · · · · MR. HOY:· I'll object.· Calls for a legal ·3· ·conclusion. ·4· · · · · · But you may answer. ·5· · · · · · THE WITNESS:· It was -- if I would leave ·6· ·anything that would harm a customer?· I -- I ·7· ·didn't -- I didn't -- I missed that question. ·8· ·BY MR. NAKASE: ·9· · · ·Q· · As a grocery store manager, you're never 10· ·allowed to needlessly endanger the store's customer, 11· ·correct? 12· · · · · · MR. HOY:· Objection.· Calls for a legal 13· ·conclusion.· Lacks foundation.· And calls for 14· ·speculation.· And asked and answered. 15· · · · · · THE WITNESS:· I wouldn't leave anything 16· ·harmful for a customer to -- 17· ·BY MR. NAKASE: 18· · · ·Q· · So you agree -- 19· · · ·A· · To endanger. 20· · · ·Q· · Okay.· So you agree with me? 21· · · ·A· · I wouldn't leave anything that would cause 22· ·harm or danger to a customer. 23· · · ·Q· · And you're never allowed to leave anything 24· ·that would needlessly endanger your store's customer? 25· · · · · · MR. HOY:· Again, asked and answered. ·1· · · · · · THE WITNESS:· I wouldn't leave anything that ·2· ·would endanger a customer. ·3· ·BY MR. NAKASE: ·4· · · ·Q· · Okay.· I know you wouldn't.· But you're not ·5· ·allowed to.· Do you agree? ·6· · · ·A· · We wouldn't leave anything that would ·7· ·endanger a customer. ·8· · · ·Q· · That doesn't answer my question. ·9· · · · · · I'm asking you are you allowed -- 10· · · · · · MR. HOY:· By who? 11· ·BY MR. NAKASE: 12· · · ·Q· · -- to needlessly endanger your customer? 13· · · · · · MR. HOY:· Vague as to allowed by who?· It 14· ·could be calling for a legal conclusion or it could 15· ·be calling for speculation. 16· · · · · · THE WITNESS:· I -- I'm just saying that I 17· ·wouldn't leave -- I would never leave anything that 18· ·would endanger a customer because I don't -- 19· ·BY MR. NAKASE: 20· · · ·Q· · I understand that's what you're saying, but 21· ·that doesn't answer my question. 22· · · · · · My question is very specific.· Are you ever 23· ·allowed to needlessly endanger your customers? 24· · · · · · MR. HOY:· Asked and answered.· Same -- same 25· ·objections. ·1· · · · · · THE WITNESS:· I'm just saying I would never ·2· ·leave anything that would harm a customer. ·3· ·BY MR. NAKASE: ·4· · · ·Q· · And so you're refusing to answer my ·5· ·question. ·6· · · ·A· · I'm -- ·7· · · ·Q· · Is that correct? ·8· · · ·A· · -- I'm just saying that I would never -- I ·9· ·would never leave anything that would harm a 10· ·customer. 11· · · ·Q· · Okay.· So you do agree with me? 12· · · ·A· · I would never. 13· · · ·Q· · Are you ever allowed to harm your customer? 14· · · · · · MR. HOY:· Objection.· Vague as to allowed by 15· ·who? 16· · · · · · THE WITNESS:· I would never leave anything 17· ·that would harm a customer, that's what I'm saying. 18· ·I wouldn't -- I don't know what you mean by "allow." 19· ·But I would never leave anything that would harm a 20· ·customer. 21· ·BY MR. NAKASE: 22· · · ·Q· · Okay.· So when you have a choice between 23· ·doing A or B, and A is more dangerous than B, would 24· ·you continue to choose A? 25· · · · · · MR. HOY:· Objection.· Incomplete ·1· ·hypothetical.· Vague and ambiguous as to what A and B ·2· ·is.· And calls for speculation. ·3· ·BY MR. NAKASE: ·4· · · ·Q· · Let me ask you differently. ·5· · · · · · As a prudent store manager, you must always ·6· ·select the safest way to place the merchandise. ·7· ·Agree? ·8· · · · · · MR. HOY:· Objection.· Vague and ambiguous as ·9· ·to "safest."· Also calls for speculation.· And an 10· ·incomplete hypothetical. 11· · · · · · THE WITNESS:· I just -- I -- I don't -- I 12· ·would -- I would never leave anything that would harm 13· ·a customer, whether -- I mean -- nothing that 14· ·would -- could -- I wouldn't leave anything that 15· ·would harm a customer. 16· ·BY MR. NAKASE: 17· · · ·Q· · That's fine.· And as a store manager, the 18· ·smartest thing for you to do is always select the 19· ·safest way to sell merchandise? 20· · · ·A· · But I wouldn't -- I wouldn't put it down 21· ·there if I -- I wouldn't leave it there if I -- 22· · · ·Q· · I didn't ask you that question. 23· · · ·A· · But that's -- that's what I'm saying. I 24· ·wouldn't leave it so that it's not -- it's unsafe for 25· ·a customer. ·1· · · ·Q· · I'm not asking whether you leave it or not ·2· ·leave it.· I'm just asking you that when you are ·3· ·selling products in your store, you're always going ·4· ·to select the safest method of selling that product? ·5· · · · · · MR. HOY:· I'm going to say vague and ·6· ·ambiguous as to "safest."· Overbroad.· Incomplete ·7· ·hypothetical.· And lacks foundation. ·8· · · · · · THE WITNESS:· Just -- I -- I -- I -- I don't ·9· ·know what -- what makes safest.· Describe to -- I 10· ·mean, what -- tell me safest, which -- what -- 11· ·what -- explain -- 12· · · · · · MR. NAKASE:· Mark transcript. 13· ·BY MR. NAKASE: 14· · · ·Q· · Are you done with your question -- answer? 15· · · ·A· · Yes. 16· · · ·Q· · Okay.· And so you don't know what "safest" 17· ·means, right? 18· · · ·A· · No, I don't -- 19· · · ·Q· · Okay.· No, you don't? 20· · · ·A· · No.· You -- 21· · · · · · MR. HOY:· Are -- are there degrees of safe? 22· · · · · · THE WITNESS:· That's -- I wanted to -- you 23· ·to tell me what's safest.· I don't know what you mean 24· ·by "safest."· I -- I just would never put anything to 25· ·harm a customer that I feel that it's not safe. I ·1· ·wouldn't put it.· But I don't know -- please explain ·2· ·to me what -- ·3· ·BY MR. NAKASE: ·4· · · ·Q· · When you sell merchandise in your store, the ·5· ·safest option to display the merchandise is always ·6· ·the best option.· Do you agree? ·7· · · · · · MR. HOY:· Calls -- excuse me.· Objection. ·8· ·Calls for an explanation -- an expert opinion.· Also ·9· ·vague and ambiguous as to "safest" and degrees of 10· ·safe. 11· ·BY MR. NAKASE: 12· · · ·Q· · You may answer the question. 13· · · · · · MR. HOY:· I'll let you answer, but I'm close 14· ·to not because clearly the safest would be to lock 15· ·everything in a metal cabinet and require help to get 16· ·it.· I mean, what is safest? 17· ·BY MR. NAKASE: 18· · · ·Q· · Do you agree -- 19· · · · · · MR. HOY:· I don't get it. 20· ·BY MR. NAKASE: 21· · · ·Q· · Do you agree with your counsel's statement? 22· · · ·A· · I agree with him. 23· · · ·Q· · Okay.· And you adopt your counsel's 24· ·statement? 25· · · ·A· · (Witness nods head.) ·1· · · ·Q· · And you cannot answer my question, correct? ·2· · · · · · MR. HOY:· You can answer his question. ·3· · · · · · THE WITNESS:· Well, I'm just -- I just -- ·4· ·when I say I would never leave anything that would ·5· ·harm a customer and you said to the safest, I -- I ·6· ·just don't -- like what -- expand what safest is. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · Okay.· Do you agree that a grocery store is ·9· ·not allowed to create a needless trip hazard? 10· · · · · · MR. HOY:· Come on.· Objection.· Asked and 11· ·answered like five different times.· Move on. 12· · · · · · You don't have to answer that one again. 13· · · · · · THE WITNESS:· Okay. 14· ·BY MR. NAKASE: 15· · · ·Q· · You may answer the question. 16· · · ·A· · No. 17· · · ·Q· · He didn't instruct you not to answer. 18· · · ·A· · I know, but -- 19· · · · · · MR. HOY:· We'll -- we'll humor him.· Go 20· ·ahead and answer. 21· · · · · · THE WITNESS:· I would never leave anything 22· ·that -- in that would cause a danger to a customer. 23· ·BY MR. NAKASE: 24· · · ·Q· · Okay.· So you agree with me? 25· · · ·A· · I would never leave anything that would ·1· ·cause harm or danger to a customer. ·2· · · ·Q· · That wasn't my question. ·3· · · · · · Do you agree that a grocery store is not ·4· ·allowed to create a needless trip hazard? ·5· · · · · · MR. HOY:· Objection.· Calls for a legal ·6· ·conclusion.· Vague and ambiguous.· Asked and ·7· ·answered. ·8· · · · · · THE WITNESS:· I would never leave anything ·9· ·that would cause harm to -- I would never leave 10· ·anything that would cause harm to a customer. 11· ·BY MR. NAKASE: 12· · · ·Q· · Your answer -- your options are "yes," "no" 13· ·or "I don't know."· Otherwise, your answer -- 14· · · · · · MR. HOY:· Or it could -- it could be also "I 15· ·don't understand." 16· ·BY MR. NAKASE: 17· · · ·Q· · Otherwise -- 18· · · · · · MR. HOY:· Or -- you're not -- you're not 19· ·understanding.· I mean, there's lots of options here. 20· ·BY MR. NAKASE: 21· · · ·Q· · That's fine.· You could also say "I don't 22· ·understand." 23· · · ·A· · Okay.· I don't understand. 24· · · ·Q· · Okay.· But you do have to answer the 25· ·question "yes," "no," "I don't know" or "I don't ·1· ·understand." ·2· · · ·A· · I don't know. ·3· · · · · · MR. HOY:· Or an answer that makes you feel ·4· ·comfortable. ·5· · · · · · THE WITNESS:· No, that's -- ·6· · · · · · MR. HOY:· I mean, if you need to put ·7· ·something in context, then by all means do it.· Don't ·8· ·let him restrict your answer. ·9· · · · · · THE WITNESS:· Well, I -- I said that I would 10· ·never leave anything that would be in customers' -- 11· ·or harm's way -- or danger to our customers. 12· ·BY MR. NAKASE: 13· · · ·Q· · Do you agree that a grocery store is not 14· ·allowed to create a needless trip hazard by placing 15· ·merchandise on the floor? 16· · · · · · MR. HOY:· Vague and ambiguous as to 17· ·"needless" and "trip hazard."· Calls for speculation. 18· ·Calls for an expert opinion.· Lacks foundation. 19· · · · · · THE WITNESS:· I would never leave anything 20· ·on the floor that would cause harm to a customer. 21· ·BY MR. NAKASE: 22· · · ·Q· · Do you agree that you would -- as a store, 23· ·create a needless trip hazard by placing boxes of 24· ·fruit on the floor? 25· · · ·A· · I would never place any boxes on the floor ·1· ·that -- I would never place anything on the floor ·2· ·that would be a danger to a customer. ·3· · · ·Q· · And you would not place any fruit boxes on ·4· ·the floor to sell if it creates a trip hazard, ·5· ·correct? ·6· · · ·A· · I would not place anything on the floor that ·7· ·would be danger to a customer. ·8· · · ·Q· · Okay.· Do you consider boxes of fruit on the ·9· ·floor a trip hazard? 10· · · · · · MR. HOY:· Objection.· Incomplete 11· ·hypothetical.· Vague and ambiguous as to "floor." 12· · · · · · THE WITNESS:· I wouldn't leave anything on 13· ·the floor to cause -- any boxes or anything on the 14· ·floor that would cause danger to a customer or harm. 15· ·BY MR. NAKASE: 16· · · ·Q· · Okay.· Do you also agree that the grocery 17· ·store cannot ignore a known danger to its customer? 18· · · · · · MR. HOY:· Objection.· Calls for a legal 19· ·conclusion. 20· · · · · · But certainly, you can answer. 21· · · · · · THE WITNESS:· I wouldn't -- 22· ·BY MR. NAKASE: 23· · · ·Q· · If there's a known danger to the customer, 24· ·do you agree that you won't ignore it? 25· · · ·A· · It -- it wouldn't be there. ·1· · · ·Q· · I agree, because you won't ignore it, right? ·2· · · ·A· · No, because it wouldn't be there. I ·3· ·wouldn't leave it there if it was a danger to a ·4· ·customer. ·5· · · ·Q· · That's right.· And do you also agree that a ·6· ·grocery store has to make safety the most important ·7· ·consideration to its customer? ·8· · · · · · MR. HOY:· Vague and ambiguous. ·9· ·BY MR. NAKASE: 10· · · ·Q· · Safety is always first.· Agreed? 11· · · · · · MR. HOY:· Vague and ambiguous.· Incomplete 12· ·hypothetical.· And calls for speculation. 13· · · · · · THE WITNESS:· Safety? 14· ·BY MR. NAKASE: 15· · · ·Q· · Yes.· You always put the safety of the 16· ·customers first? 17· · · ·A· · That's why I say I would never leave 18· ·anything that would cause harm, which is -- is 19· ·safety.· We would never leave anything that would 20· ·harm, safety. 21· · · ·Q· · Okay.· So you do agree with me? 22· · · ·A· · Yes. 23· · · ·Q· · Okay.· And you also agree that the grocery 24· ·store has to make public safety more important than 25· ·profit? ·1· · · · · · MR. HOY:· I'm going to object.· It calls for ·2· ·speculation. ·3· · · · · · But you could -- you could answer as to your ·4· ·belief whether you believe safety is more important ·5· ·than profit. ·6· · · · · · THE WITNESS:· Safety is very important. I ·7· ·need -- I need to make sure that everything is safe. ·8· ·BY MR. NAKASE: ·9· · · ·Q· · And you put that above profit? 10· · · ·A· · I don't -- I -- how is safety and profit -- 11· ·like, what do you mean?· I want to -- I mean, I -- I 12· ·don't understand your question. 13· · · · · · MR. NAKASE:· Mark transcript. 14· ·BY MR. NAKASE: 15· · · ·Q· · And do you also agree that the grocery store 16· ·has to put safety first for its customers? 17· · · · · · MR. HOY:· Asked and answered.· Vague and 18· ·ambiguous. 19· · · · · · THE WITNESS:· Safety is important. 20· ·BY MR. NAKASE: 21· · · ·Q· · Okay.· And do you also agree that the -- 22· ·your grocery store has to put safety first, last and 23· ·always? 24· · · · · · MR. HOY:· Objection.· That's just an 25· ·expression.· Literally spoken, that's an ·1· ·impossibility. ·2· · · · · · THE WITNESS:· I do my best to keep it safe ·3· ·for everyone. ·4· ·BY MR. NAKASE: ·5· · · ·Q· · And that's the first thing, the last thing ·6· ·and always the thing to do is safety first? ·7· · · ·A· · Safety is important. ·8· · · ·Q· · Agreed? ·9· · · ·A· · I agree that safety is important. 10· · · ·Q· · Yeah.· And in your judgment as a store 11· ·manager, is it -- is violating a safety rule a smart 12· ·thing to do? 13· · · ·A· · Violating -- no.· Violating -- 14· · · ·Q· · And as a store manager, is needlessly 15· ·endangering your customer prudent? 16· · · ·A· · It's very important that -- 17· · · · · · MR. HOY:· No, he said "prudent."· Do you 18· ·know what that word means? 19· · · · · · THE WITNESS:· Expand that, please. 20· ·BY MR. NAKASE: 21· · · ·Q· · Okay.· Is needlessly endangering your 22· ·customer a smart thing? 23· · · ·A· · I'm sorry? 24· · · ·Q· · A smart thing to do? 25· · · ·A· · To -- the -- the beginning. ·1· · · ·Q· · Yeah.· Is needlessly endangering your ·2· ·customer a smart thing to do? ·3· · · ·A· · I don't want a -- I wouldn't -- endangering ·4· ·a customer?· I would never endanger a customer. ·5· · · ·Q· · Okay.· So it's a dumb thing to do, to ·6· ·endanger your customer? ·7· · · ·A· · I would never endanger my customer. ·8· · · ·Q· · Okay.· Because it would be dumb? ·9· · · ·A· · I would never -- 10· · · ·Q· · What's that? 11· · · ·A· · I would never endanger my customer. 12· · · ·Q· · Okay.· And as a store manager, everything 13· ·you do as a store manager should be ruled by safety 14· ·first.· Agreed? 15· · · · · · MR. HOY:· Vague and ambiguous.· Also 16· ·incomplete hypothetical. 17· · · · · · THE WITNESS:· I try to make everything safe 18· ·for the customer to shop. 19· ·BY MR. NAKASE: 20· · · ·Q· · And that's your rule, is to make everything 21· ·safe first, right? 22· · · ·A· · We try to make everything safe -- 23· · · ·Q· · Okay. 24· · · ·A· · -- for the customer to shop. 25· · · ·Q· · Is that your rule? ·1· · · ·A· · (Witness nods head.) ·2· · · ·Q· · Is that a "yes"? ·3· · · ·A· · Yes. ·4· · · ·Q· · Okay.· And as a grocery store manager, you ·5· ·must not select choices that contain needless risk. ·6· ·Agreed? ·7· · · · · · MR. HOY:· Asked and answered. ·8· · · · · · THE WITNESS:· "Select choices"? ·9· ·BY MR. NAKASE: 10· · · ·Q· · Yes. 11· · · · · · MR. HOY:· Vague and ambiguous. 12· · · · · · THE WITNESS:· I -- I -- 13· ·BY MR. NAKASE: 14· · · ·Q· · As a grocery store manager, you must not 15· ·choose -- strike that. 16· · · · · · Do you consider it a needless danger to a 17· ·customer to place boxes of Pingo [sic] pears on the 18· ·floor? 19· · · ·A· · I wouldn't -- 20· · · · · · MR. HOY:· Object -- objection.· Incomplete 21· ·hypothetical.· Calls for speculation.· Lacks 22· ·foundation. 23· · · · · · THE WITNESS:· I wouldn't leave boxes on the 24· ·floor. 25· ·/// ·1· ·BY MR. NAKASE: ·2· · · ·Q· · And do you consider it a needless danger to ·3· ·your customer to place boxes of Pingo pears on the ·4· ·floor to sell to its customers? ·5· · · · · · MR. HOY:· Asked and answered.· Same ·6· ·objections. ·7· · · · · · THE WITNESS:· I wouldn't place boxes on the ·8· ·floor. ·9· ·BY MR. NAKASE: 10· · · ·Q· · Okay.· Did you place the boxes of Pingo 11· ·pears on the floor? 12· · · · · · MR. HOY:· Objection.· Lacks foundation. 13· ·Vague as to time.· Overbroad.· Ambiguous. 14· ·BY MR. NAKASE: 15· · · ·Q· · Inviting your attention to the exhibit book, 16· ·Volume 4, please. 17· · · · · · MR. NAKASE:· Mr. Videographer, could you 18· ·make effort to ensure the witness -- you can see that 19· ·the witness is looking at the documents? 20· ·BY MR. NAKASE: 21· · · ·Q· · Inviting your attention to Exhibit 25, 22· ·please. 23· · · · · · (Exhibit 25 marked? 24· ·BY MR. NAKASE: 25· · · ·Q· · Do you recognize Exhibit 25, pages 1 through ·1· ·6? ·2· · · · · · MR. HOY:· I'm going to object.· Vague as to ·3· ·recognize the photographs or what's depicted in them. ·4· · · · · · THE WITNESS:· What would you like me to ·5· ·recognize? ·6· ·BY MR. NAKASE: ·7· · · ·Q· · Okay.· For the record, Exhibit 25 consists ·8· ·of four pages of photographs of a person laying on ·9· ·the -- on the floor. 10· · · · · · Ms. Wong, do you recognize the lady that is 11· ·laying on the floor in Exhibit 25, Pages 1 through 7? 12· · · ·A· · She's Ms. Cuc Le. 13· · · ·Q· · I'm sorry? 14· · · ·A· · She's Ms. Cuc Le. 15· · · ·Q· · Okay.· Inviting your attention to 16· ·Exhibit 25, Page 5, do you recognize the lady that's 17· ·on the floor? 18· · · ·A· · That's Ms. Cuc Le. 19· · · ·Q· · Okay.· Do you recognize the other person 20· ·that's wearing a blue shirt and white pants? 21· · · ·A· · Yes. 22· · · ·Q· · And how do you recognize that person? 23· · · ·A· · Because that's me. 24· · · ·Q· · Okay.· And do you recognize the area where 25· ·you're sitting in Exhibit 25, Page 5? ·1· · · ·A· · Yes. ·2· · · ·Q· · And how do you recognize that area? ·3· · · ·A· · It's in the produce. ·4· · · ·Q· · It's in the what? ·5· · · ·A· · It's in the produce area. ·6· · · ·Q· · It's the produce area in your store? ·7· · · ·A· · Uh-huh. ·8· · · ·Q· · Okay.· And right behind Cuc Le, there ·9· ·appears to be this green thing.· Is that green to you 10· ·or is that -- what color do you consider that, where 11· ·the boxes of pears are on top of? 12· · · ·A· · Right here?· Green? 13· · · ·Q· · Yes.· Is that green to you? 14· · · ·A· · Green. 15· · · ·Q· · Okay.· The boxes of pears -- do you see the 16· ·four boxes of pears? 17· · · ·A· · Yes. 18· · · ·Q· · Okay.· And those four boxes of pears, what 19· ·is -- what is it sitting on top of? 20· · · ·A· · A platform. 21· · · ·Q· · Okay.· And that platform, what is it made 22· ·out of? 23· · · ·A· · Wood. 24· · · ·Q· · Okay.· And this platform, what's the shape 25· ·of this platform?· Is it a box, is it a triangle, or ·1· ·what? ·2· · · ·A· · It looks more rectangular. ·3· · · ·Q· · Okay.· And have you seen this wood box ·4· ·before? ·5· · · · · · MR. HOY:· Objection.· She called it a ·6· ·platform. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · That's fine.· Have you seen that wood box ·9· ·before where -- 10· · · ·A· · But I -- this platform? 11· · · ·Q· · Okay.· So you would -- 12· · · · · · MR. HOY:· There's a box also.· So vague and 13· ·ambiguous as to what you're talking about. 14· ·BY MR. NAKASE: 15· · · ·Q· · That's fine.· You can call it wood platform, 16· ·wood box, whatever you want to call it.· For our 17· ·purpose, for the purpose of this deposition, when I 18· ·am saying "wood box," I am talking about what you 19· ·call a "wood platform."· Is that okay with you? 20· · · ·A· · Okay. 21· · · ·Q· · All right.· And have you seen this wood box 22· ·before? 23· · · ·A· · Yes. 24· · · ·Q· · And do you know that it's made out of wood? 25· · · ·A· · Yes. ·1· · · ·Q· · All right.· How do you know it's -- this -- ·2· ·this box is made out of wood? ·3· · · ·A· · Because it's wood. ·4· · · ·Q· · How do you know? ·5· · · ·A· · We have it in our store. ·6· · · ·Q· · Okay.· And this wood box, is it a solid wood ·7· ·box or an empty wood box?· Is it solid or is it ·8· ·empty, hollow? ·9· · · · · · MR. HOY:· Don't guess.· But if you know. 10· · · · · · THE WITNESS:· Yeah, I know, I -- I don't 11· ·know how it looks underneath. 12· ·BY MR. NAKASE: 13· · · ·Q· · How many times have you seen this wood box 14· ·where the four boxes of Pingo pears are on top of? 15· · · ·A· · What do you mean how many times? 16· · · ·Q· · How many occasions have you seen this wood 17· ·box? 18· · · ·A· · It's been sitting there. 19· · · ·Q· · How long has it been sitting there? 20· · · ·A· · I don't remember how long. 21· · · ·Q· · Give us your best estimate. 22· · · ·A· · My best estimate?· Then I would guess -- 23· · · · · · MR. HOY:· Don't guess. 24· ·BY MR. NAKASE: 25· · · ·Q· · I don't want you to guess. ·1· · · ·A· · Okay. ·2· · · ·Q· · Was that -- ·3· · · ·A· · I can't -- I -- ·4· · · ·Q· · Let me -- let me ask you a question. ·5· · · · · · Was that wood box at that precise location ·6· ·when you were -- when you started working for the ·7· ·company in 2008? ·8· · · ·A· · I don't remember. ·9· · · ·Q· · Okay.· You don't have any memory about that 10· ·wood box? 11· · · ·A· · Huh-uh. 12· · · ·Q· · About when it was placed there? 13· · · ·A· · I don't remember when. 14· · · ·Q· · You don't have any estimate as to how long 15· ·that wood box has been placed there? 16· · · ·A· · I don't remember. 17· · · · · · MR. HOY:· Is there any ability to give an 18· ·estimate?· I mean, it can be an -- an estimate that 19· ·you feel comfortable with, without guessing, 20· ·regardless of the span of time.· Is there anything 21· ·you can give him? 22· · · · · · MR. NAKASE:· She doesn't remember. 23· · · · · · MR. HOY:· Well, she might. 24· · · · · · MR. NAKASE:· Move on. 25· · · · · · MR. HOY:· Okay.· If you want to move on. ·1· · · · · · MR. NAKASE:· No, no, I'm -- ·2· · · · · · MR. HOY:· You don't have to answer. ·3· · · · · · THE WITNESS:· I just don't remember. ·4· ·BY MR. NAKASE: ·5· · · ·Q· · Okay.· What would help you remember how long ·6· ·that wood box has been sitting there? ·7· · · ·A· · I don't -- I don't remember how long it's ·8· ·been there.· It's -- ·9· · · ·Q· · Okay.· Did you authorize to have that wood 10· ·box placed -- wood box placed there? 11· · · ·A· · I may have. 12· · · ·Q· · Okay. 13· · · ·A· · Yeah. 14· · · ·Q· · Did you authorize to have that wood box 15· ·placed there which is reflected in Exhibit 25, Page 5 16· ·where the four boxes of Pingo pears are sitting on 17· ·top of? 18· · · ·A· · I'm sorry?· Can you -- 19· · · ·Q· · Did you authorize this wood box to be placed 20· ·there?· When we're talking about Exhibit 25, Page 5, 21· ·with the four boxes of Pingo pears.· Do you see that? 22· · · ·A· · Uh-huh. 23· · · ·Q· · Did you authorize that wood box to be placed 24· ·there? 25· · · ·A· · Yes. ·1· · · ·Q· · Okay.· And when did you -- when do you ·2· ·estimate you authorized that wood box to be placed ·3· ·there? ·4· · · ·A· · I just told you.· I don't remember. ·5· · · ·Q· · Was it two years ago? ·6· · · ·A· · Longer than that. ·7· · · ·Q· · Was it five years ago? ·8· · · ·A· · It could be.· I mean, I -- I don't remember ·9· ·the -- 10· · · ·Q· · Okay.· And is it -- is it custom -- 11· ·customary practice for your store to place 12· ·merchandise for sale on the floor? 13· · · ·A· · It's not on the floor.· It's on a platform. 14· ·This merchandise is -- merchandise is not on the 15· ·floor.· It's on the platform. 16· · · ·Q· · Okay.· It's on the platform. 17· · · ·A· · Uh-huh. 18· · · ·Q· · Right? 19· · · · · · Is it customary for your store to place 20· ·four -- place boxes of fruit on this wood box? 21· · · · · · MR. HOY:· Vague as to time. 22· ·BY MR. NAKASE: 23· · · ·Q· · Reflected in Exhibit 25, Page 5. 24· · · ·A· · I mean, the pears -- these pears are not 25· ·placed on the floor.· It's placed on a platform, a ·1· ·platform that we put merchandise on. ·2· · · ·Q· · And where -- where is that -- where is that ·3· ·wood box placed? ·4· · · ·A· · In the produce. ·5· · · ·Q· · The wood box? ·6· · · ·A· · It's in the produce. ·7· · · ·Q· · No.· Is the wood box reflected in ·8· ·Exhibit 25, Page 5, is that wood box on the floor? ·9· · · ·A· · You asked me is the pears, the merchandise 10· ·on the floor.· I told you it wasn't on the floor. 11· ·It's on the platform. 12· · · ·Q· · Okay.· I'm asking -- for the purpose of our 13· ·deposition -- 14· · · ·A· · Uh-huh. 15· · · ·Q· · You call it a platform. 16· · · ·A· · Uh-huh. 17· · · ·Q· · For me -- when you say "platform," you're 18· ·talking about this wood box that has -- that -- 19· ·that's right behind Cuc Le. 20· · · ·A· · Uh-uh. 21· · · ·Q· · Do you see that? 22· · · ·A· · Yes. 23· · · ·Q· · It's parallel to Cuc Le.· Do you see that? 24· ·Okay.· And it has a, what appears to be a greenish or 25· ·bluish side that is about -- I'd estimate about 4 ·1· ·inches tall.· Do you see that? ·2· · · ·A· · Yes. ·3· · · ·Q· · Okay.· And you call it a wood platform? ·4· · · ·A· · Yeah, I call it a platform. ·5· · · ·Q· · Okay.· And for the purpose of this dep -- ·6· ·deposition, I'm going to refer to that as -- to a ·7· ·wood box, a box. ·8· · · · · · Is that okay with you? ·9· · · · · · MR. HOY:· If it's not okay with you, tell 10· ·him. 11· · · · · · THE WITNESS:· No -- 12· ·BY MR. NAKASE: 13· · · ·Q· · Okay. 14· · · ·A· · -- it's not a wood box.· It's -- 15· · · ·Q· · Why is it not a wood box? 16· · · ·A· · I mean, I -- it's not a box to me.· It's a 17· ·platform that I put merchandise on.· It's not a wood 18· ·box.· It's not a -- the -- the pears is a box, but 19· ·this is not a box. 20· · · ·Q· · Okay.· And that platform, that wood 21· ·platform, is that sitting on the floor? 22· · · ·A· · Yes. 23· · · ·Q· · Okay.· And do you consider that wood 24· ·platform a danger to your customers? 25· · · ·A· · No. ·1· · · ·Q· · And do you consider the -- the boxes of ·2· ·pears sitting on the wood platform a danger to your ·3· ·customers? ·4· · · ·A· · No. ·5· · · ·Q· · And that is why you never removed the wood ·6· ·platform from your store; is that correct? ·7· · · · · · MR. HOY:· Objection.· Vague and ambiguous. ·8· ·Incomplete hypothetical.· Assumes facts not in ·9· ·evidence.· No foundation. 10· · · · · · THE WITNESS:· That wood platform is there 11· ·for me to place merchandise for -- for sale to the 12· ·customers. 13· ·BY MR. NAKASE: 14· · · ·Q· · And you don't consider that wood platform to 15· ·be a trip hazard to your customer; is that correct? 16· · · ·A· · It's not in the walkway. 17· · · ·Q· · Okay. 18· · · · · · MR. HOY:· It's asked and answered. 19· · · · · · THE WITNESS:· No. 20· · · · · · MR. HOY:· And is it correct? 21· · · · · · THE WITNESS:· I'm sorry? 22· ·BY MR. NAKASE: 23· · · ·Q· · I'm sorry.· Do you consider that platform a 24· ·trip hazard? 25· · · ·A· · No. ·1· · · ·Q· · And why not? ·2· · · ·A· · Why -- it's not a trip hazard. ·3· · · ·Q· · Why do you consider it not to be a trip ·4· ·hazard? ·5· · · ·A· · It's a platform that we put our merchandise ·6· ·on there. ·7· · · ·Q· · I understand.· But what reasons do you have ·8· ·to base your testimony that that wood platform -- I ·9· ·call it a wood box -- that is not a trip hazard? 10· · · ·A· · It's -- it's not in the walkway. 11· · · ·Q· · Okay.· And the reason why you believe that 12· ·that wood platform is not a trip hazard is because 13· ·you believe it is not in the walkway. 14· · · ·A· · Uh-huh. 15· · · ·Q· · Is that correct? 16· · · ·A· · Yes. 17· · · ·Q· · And you believe that those boxes of pears on 18· ·top of that wood box are not trip hazards; is that 19· ·correct? 20· · · ·A· · Correct. 21· · · ·Q· · Okay.· Had you known that these were trip 22· ·hazards, meaning the wood box, you would have removed 23· ·it; is that correct? 24· · · · · · MR. HOY:· Objection.· Incomplete 25· ·hypothetical.· Overbroad and ambiguous. ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Is that correct? ·3· · · ·A· · I don't think it's a trip hazard. ·4· · · ·Q· · I understand.· But if you knew that it was ·5· ·going to be a trip hazard, the wood box and the fruit ·6· ·boxes, you would have removed it; is that correct? ·7· · · · · · MR. HOY:· If -- if she considered it a trip ·8· ·hazard, I'll let her answer.· But "knew a trip ·9· ·hazard" asks for an expert opinion, legal conclusion. 10· ·And it's vague and ambiguous as to the phrase "trip 11· ·hazard."· And it's very subjective. 12· ·BY MR. NAKASE: 13· · · ·Q· · You may answer the question. 14· · · ·A· · I -- if I knew it was a trip hazard. I 15· ·don't think it's a trip hazard. 16· · · ·Q· · I understand.· But if you knew that was 17· ·going to be a trip hazard, would you have removed it? 18· · · · · · MR. HOY:· Calls for speculation.· Are you -- 19· ·calls for speculation.· Incomplete hypothetical. 20· ·Calls for an expert opinion.· Lacks foundation. 21· ·BY MR. NAKASE: 22· · · ·Q· · You may answer the question. 23· · · ·A· · I -- I don't -- no, it's not a trip hazard. 24· · · ·Q· · Okay.· As you sit here today, looking at 25· ·that box, that wood box, do you consider that to be a ·1· ·trip hazard? ·2· · · ·A· · No. ·3· · · ·Q· · As you sit here today looking at that wood ·4· ·box and those two -- and those four boxes of pears ·5· ·sitting on top of it, do you consider it to be a trip ·6· ·hazard? ·7· · · ·A· · No. ·8· · · ·Q· · Did you have alternative options of selling ·9· ·those boxes of pears besides putting it on the wood 10· ·box? 11· · · ·A· · Alternative options? 12· · · ·Q· · Yes. 13· · · ·A· · Well, maybe. 14· · · ·Q· · What alternative options can you think of to 15· ·sell those boxes of pears besides putting it on the 16· ·wood box on the floor? 17· · · ·A· · I don't know right now.· I -- I don't know. 18· · · ·Q· · You can't think of any other method of 19· ·selling those boxes of pears besides -- 20· · · ·A· · Well -- 21· · · ·Q· · -- placing it on top of this wood box on the 22· ·floor? 23· · · ·A· · We do have customers that want -- would like 24· ·cases -- like these cases of pears. 25· · · ·Q· · That wasn't my question.· My question was ·1· ·can you think of any other methods of selling those ·2· ·boxes of pears besides putting it on the wood box on ·3· ·the floor? ·4· · · ·A· · No. ·5· · · ·Q· · No? ·6· · · ·A· · No. ·7· · · ·Q· · Okay.· Were there -- was -- can you think of ·8· ·a safer method of selling those boxes of pears ·9· ·besides displaying them on the wood box that's on the 10· ·floor? 11· · · · · · MR. HOY:· Objection.· Calls for speculation 12· ·and ambiguous. 13· · · · · · THE WITNESS:· A safer method?· I -- I mean, 14· ·for me that's -- it's -- it's safe.· I don't find 15· ·it -- 16· ·BY MR. NAKASE: 17· · · ·Q· · Okay.· And is it your testimony that the way 18· ·you're selling these boxes of pears placed on the 19· ·wood box on the floor is the safest method for your 20· ·customers? 21· · · · · · MR. HOY:· Same objections. 22· · · · · · THE WITNESS:· I find it safe. 23· ·BY MR. NAKASE: 24· · · ·Q· · Okay.· And is it the safest method? 25· · · · · · MR. HOY:· Same objections. ·1· · · · · · THE WITNESS:· I -- I -- I find it safe. I ·2· ·don't know when you say "safest" -- ·3· ·BY MR. NAKASE: ·4· · · ·Q· · Okay. ·5· · · ·A· · I mean, I have -- I -- it's been there and I ·6· ·haven't had a problem. ·7· · · ·Q· · Can you think of a safer way to -- to sell ·8· ·those boxes of pears besides placing them on the wood ·9· ·box on the floor? 10· · · · · · I see you shaking your head.· Is that a 11· ·"no"? 12· · · ·A· · If there's a safer way, no.· I -- I think 13· ·it's safe. 14· · · ·Q· · Okay.· Can you think of any other methods 15· ·that are safer than selling those wood box -- boxes 16· ·of pears that's placed on the wood box on the floor? 17· · · ·A· · That is a safe method. 18· · · ·Q· · Okay.· Is that the safest method you can 19· ·think of? 20· · · ·A· · I haven't had problems with it.· That's -- 21· ·to me, that's a safe method.· I -- I haven't had 22· ·problems.· It's a safe method. 23· · · ·Q· · Did anybody ever trip in your store over 24· ·those boxes of pears that's placed on the wood box 25· ·ever? ·1· · · ·A· · No. ·2· · · ·Q· · No one has ever tripped over those -- over ·3· ·those boxes of pears? ·4· · · ·A· · No. ·5· · · ·Q· · And no one has ever tripped over the wood ·6· ·box -- what'd you call it -- the platform? ·7· · · ·A· · No. ·8· · · ·Q· · Okay.· Did you see that wood box being ·9· ·lifted? 10· · · · · · MR. HOY:· Ever? 11· · · · · · MR. NAKASE:· Yeah, ever. 12· ·BY MR. NAKASE: 13· · · ·Q· · This wood box that we're looking at, 14· ·Exhibit 25, Page 5, have you ever seen that wood box 15· ·being lifted? 16· · · ·A· · It's -- it's -- it's screwed -- it's 17· ·semipermanent right now. 18· · · ·Q· · Okay.· Is it still there? 19· · · ·A· · No. 20· · · ·Q· · Okay.· Have you ever seen that wood box 21· ·lifted? 22· · · ·A· · Lifted?· Like removed? 23· · · ·Q· · Lift.· Have you -- have you ever seen 24· ·anybody lift up the box? 25· · · ·A· · No. ·1· · · ·Q· · Never? ·2· · · ·A· · No.· Customers don't lift that box up. ·3· · · ·Q· · No, anybody in your store. ·4· · · · · · MR. HOY:· Including employees? ·5· · · · · · MR. NAKASE:· Including employees. ·6· · · · · · THE WITNESS:· Yeah. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · Yes? ·9· · · ·A· · Yes. 10· · · ·Q· · Okay.· When did you see anybody lift up this 11· ·wood box that is on Exhibit 25, Page 5? 12· · · ·A· · When you -- when -- when -- when have I seen 13· ·anyone lifted that platform? 14· · · ·Q· · Yes.· I call it a wood box.· You call it a 15· ·platform.· Whatever you want to call it. 16· · · ·A· · Not -- not that often.· I mean, we just 17· ·leave it there. 18· · · ·Q· · I understand.· But you said you've seen an 19· ·employee lift up the wood box.· Yes? 20· · · ·A· · Yes. 21· · · ·Q· · Okay.· When did you see an employee lift up 22· ·the wood box? 23· · · ·A· · Are you asking me for this platform? 24· · · ·Q· · Sure. 25· · · ·A· · I don't remember. ·1· · · ·Q· · Okay.· Have you ever seen anybody -- any ·2· ·employees lift up any wood box in your store that ·3· ·looks like the one depicted in Exhibit 20 -- Exhibit ·4· ·25, Page 5? ·5· · · ·A· · Anywhere in the store? ·6· · · ·Q· · Anywhere in the store. ·7· · · ·A· · Yeah. ·8· · · ·Q· · Okay.· How many of these wood boxes do you ·9· ·have in the store? 10· · · ·A· · Oh, I don't know how many. 11· · · ·Q· · Best estimate. 12· · · ·A· · I don't know how many.· I mean -- 13· · · ·Q· · Many?· A lot? 14· · · ·A· · We have -- we have them all over the store. 15· · · ·Q· · Okay.· Over 20? 16· · · ·A· · Oh, I don't know. 17· · · ·Q· · Okay.· And when you see this wood box being 18· ·lifted, what do you see underneath of it? 19· · · ·A· · Oh, I don't remember. 20· · · ·Q· · Is it hollow? 21· · · ·A· · I don't remember. 22· · · ·Q· · Okay.· Do you know if that wood box is heavy 23· ·or light? 24· · · ·A· · This particular one? 25· · · ·Q· · Yes. ·1· · · ·A· · I don't know. ·2· · · ·Q· · Have you ever tried to lift up that wood box ·3· ·depicted in Exhibit 25, Page 5? ·4· · · ·A· · Huh-uh. ·5· · · ·Q· · No? ·6· · · ·A· · No. ·7· · · ·Q· · Have you ever seen anybody lift up the wood ·8· ·box? ·9· · · ·A· · I told you yes. 10· · · ·Q· · Okay.· Did it take one person or two 11· ·person -- persons to lift up that wood box? 12· · · ·A· · I -- I don't -- I don't remember if it was 13· ·one or two.· I don't remember. 14· · · ·Q· · Okay.· And how many occasions can you 15· ·estimate you've seen your employees lift up that wood 16· ·box? 17· · · ·A· · That particular one? 18· · · ·Q· · Any -- any box.· Any box that's this wood 19· ·box. 20· · · ·A· · How many times have I seen? 21· · · ·Q· · Yeah. 22· · · ·A· · Oh, I don't remember. 23· · · ·Q· · Can you give us your best estimate?· Was it 24· ·one?· Was it ten?· Was it 20? 25· · · ·A· · I don't -- I don't remember how many times. ·1· ·I -- ·2· · · ·Q· · I want your best estimate.· Was it more than ·3· ·ten? ·4· · · ·A· · To move it around?· I -- I -- I don't ·5· ·remember. ·6· · · ·Q· · You don't remember? ·7· · · ·A· · Yeah.· I mean -- ·8· · · ·Q· · Or you won't say? ·9· · · ·A· · I won't count -- I don't count.· I don't 10· ·take records of how many times this has been moved, 11· ·how many times that's been moved. 12· · · ·Q· · Okay. 13· · · ·A· · I didn't know I needed to take -- 14· · · ·Q· · This particular wood box on Exhibit 25, Page 15· ·5, is that wood box still there? 16· · · ·A· · In that place? 17· · · ·Q· · Yes. 18· · · ·A· · In that -- 19· · · ·Q· · Yes. 20· · · ·A· · No. 21· · · ·Q· · When was that wood box removed from that 22· ·location where Cuc Le is laying? 23· · · ·A· · I don't remember the dates. 24· · · ·Q· · Give me your best estimate. 25· · · ·A· · Best estimate.· I -- I don't remember. ·1· · · ·Q· · You know one of your employees remember. ·2· ·And so -- one of your employees remembers. ·3· · · ·A· · Yeah? ·4· · · ·Q· · Yeah.· And so I'm going to give you an ·5· ·opportunity.· Did you instruct anybody to remove that ·6· ·wood box after Cuc Le fell? ·7· · · ·A· · No, I don't remember that. ·8· · · ·Q· · Did you instruct any of your employees to ·9· ·remove that wood box from that location depicted in 10· ·Exhibit 25, Page 5? 11· · · ·A· · I don't remember. 12· · · ·Q· · Okay.· Is an employee authorized to move the 13· ·location of that wood box to a different location 14· ·without your authorization? 15· · · ·A· · Yeah. 16· · · ·Q· · And who would that be? 17· · · ·A· · The manager in that department. 18· · · ·Q· · And who would that be? 19· · · ·A· · Jimmy. 20· · · ·Q· · Jimmy? 21· · · ·A· · Uh-huh. 22· · · ·Q· · Okay.· And where is that wood box located 23· ·now? 24· · · ·A· · It may be used in another location of the 25· ·store. ·1· · · ·Q· · Okay.· Do you know where that location is? ·2· · · ·A· · No, I don't. ·3· · · ·Q· · Okay.· Do you know that wood box, what you ·4· ·call a platform, do you know if it's an empty box or ·5· ·a solid box? ·6· · · · · · MR. HOY:· Asked and answered. ·7· · · · · · THE WITNESS:· I don't -- I don't remember ·8· ·that, if it's solid or empty or how -- ·9· ·BY MR. NAKASE: 10· · · ·Q· · Okay.· Would it be a true statement -- do 11· ·you agree that this wood box is an empty wood box? 12· · · ·A· · Oh, I don't know. 13· · · ·Q· · You don't know? 14· · · ·A· · I don't remember. 15· · · ·Q· · Okay.· How many times have you seen this 16· ·type of wood box moved around in your store in the 17· ·last ten years? 18· · · ·A· · It -- it gets moved around.· I -- I don't 19· ·know how many times or how many -- in -- in -- in ten 20· ·years?· If it does well in another place, we move the 21· ·item to another place.· It's just wherever -- like if 22· ·it's -- if it's -- if it sells much better over here, 23· ·we move it, you know. 24· · · ·Q· · One of your employees has said that that 25· ·wood box was moved when Cuc Le was on the floor. ·1· ·Is -- is that true? ·2· · · ·A· · When Cuc Le was on the floor, we removed it? ·3· · · ·Q· · Yeah. ·4· · · ·A· · I don't think so. ·5· · · ·Q· · Okay.· Why do you -- why do you not -- why ·6· ·do you believe your statement is true? ·7· · · ·A· · I should be tending to her, not to that. ·8· · · ·Q· · Okay.· And so that wood box was there the ·9· ·entire time Cuc Le was laying on the floor until she 10· ·left your store; is that your testimony? 11· · · ·A· · Yes. 12· · · ·Q· · Okay. 13· · · · · · MR. NAKASE:· I'm going to ask for a quick 14· ·break so I can go -- 15· · · · · · MR. HOY:· All right. 16· · · · · · THE VIDEOGRAPHER:· This marks the end of 17· ·Media Number 3 in the deposition of Margie Wong. 18· ·Going off the record.· The time is 3:09 p.m. 19· · · · · · (Recess. 20· · · · · · THE VIDEOGRAPHER:· This marks the beginning 21· ·of Media Number 4 in the deposition of Margie Wong. 22· ·Today's date is January 8th, 2020.· Back on the 23· ·record.· The time is 3:21 p.m. 24· ·BY MR. NAKASE: 25· · · ·Q· · Ms. Wong, looking back at Exhibit 25, Page ·1· ·5, do you see that? ·2· · · ·A· · Uh-huh. ·3· · · ·Q· · And for that wood box, do you think that you ·4· ·could have put those boxes of pears on a table to ·5· ·sell to your customers? ·6· · · ·A· · I could. ·7· · · ·Q· · Okay.· And how much would a table cost to -- ·8· ·to put right there? ·9· · · ·A· · I don't know how much. 10· · · ·Q· · Your best estimate.· You don't know how much 11· ·a table would -- you can't estimate how much a table 12· ·would cost to put it right there so that you can 13· ·display those boxes of pears? 14· · · ·A· · You want an estimate of how much a table 15· ·would cost?· It could be 30; it could be 40; it could 16· ·be 50.· I don't know. 17· · · ·Q· · Fifty what? 18· · · ·A· · Dollars. 19· · · ·Q· · Okay.· Is that your best estimate? 20· · · ·A· · Yes. 21· · · ·Q· · What's the most amount of money that you 22· ·think a table would cost for you to put it right 23· ·there where the wood box is so that you may display 24· ·those boxes of pears to sell? 25· · · ·A· · But these platforms are good to display ·1· ·already. ·2· · · ·Q· · I understand.· But I'm asking you what is ·3· ·the most money it would cost to put a table there? ·4· · · · · · MR. HOY:· If -- if you have any opinion on ·5· ·that. ·6· · · · · · THE WITNESS:· Oh, I -- oh, it -- it -- there ·7· ·could be many types of tables, many prices of tables. ·8· ·I don't know what -- what would fit there that would ·9· ·look -- that would be best to pick -- put the -- the 10· ·pears. 11· ·BY MR. NAKASE: 12· · · ·Q· · Okay.· The most amount of money you think it 13· ·would cost to buy a table? 14· · · · · · MR. HOY:· Calls for speculation. 15· · · · · · THE WITNESS:· Again, depending on tables, 16· ·pricings, I -- what type of tables, you know, it 17· ·could -- 30, 40, to $50.· I -- I really can't guess 18· ·on that one or estimate that for you. 19· ·BY MR. NAKASE: 20· · · ·Q· · And do you believe that placing a table to 21· ·display those wood -- those boxes of pears would be 22· ·more safe than how it is depicted in Exhibit 25, 23· ·Page 5, which is on the -- on the wood boxes on -- 24· ·wood box on the floor? 25· · · · · · MR. HOY:· Objection.· Incomplete ·1· ·hypothetical.· Calls for an expert opinion.· And ·2· ·speculation. ·3· · · · · · THE WITNESS:· I wouldn't know that they ·4· ·would be more safer than this way.· I wouldn't know. ·5· ·BY MR. NAKASE: ·6· · · ·Q· · And why don't you know that it would be more ·7· ·safe? ·8· · · ·A· · I mean, the -- the -- you're asking me to -- ·9· ·I wouldn't know.· I mean, it's kind of like saying, 10· ·"Hey, guess, would it be better to put it on a table, 11· ·would it be more safer?" 12· · · ·Q· · You just don't know? 13· · · ·A· · I don't know. 14· · · ·Q· · In hindsight, do you -- strike that. 15· · · · · · What reasons do you have for instructing 16· ·your employees to remove this wood box from this 17· ·location as depicted in Exhibit 25, Page 5? 18· · · · · · MR. HOY:· Objection.· Lacks foundation. 19· · · · · · THE WITNESS:· Supply and demand.· If the 20· ·customer -- if they find that it's good there, we 21· ·will keep it there.· But now that we wrap them up, 22· ·we -- it's wrapped up in smaller size. 23· ·BY MR. NAKASE: 24· · · ·Q· · Okay. 25· · · ·A· · To put on the shelf. ·1· · · ·Q· · And so when was that wood box removed from ·2· ·that location as depicted in Exhibit 25, Page 5? ·3· · · ·A· · I -- I don't remember.· I told you I don't ·4· ·remember earlier. ·5· · · ·Q· · Okay.· And your employees cannot move that ·6· ·wood box without your authorization; is that correct? ·7· · · · · · MR. HOY:· Objection.· Misstates testimony. ·8· · · · · · THE WITNESS:· They could. ·9· ·BY MR. NAKASE: 10· · · ·Q· · Who would be able to remove that wood box 11· ·from that location without your authorization? 12· · · · · · MR. HOY:· Asked and answered. 13· · · · · · THE WITNESS:· That was the produce manager. 14· ·BY MR. NAKASE: 15· · · ·Q· · And who is that? 16· · · ·A· · Jimmy. 17· · · ·Q· · What is Jimmy's last name? 18· · · ·A· · Nguyen. 19· · · ·Q· · Is Jimmy still employed with the company? 20· · · ·A· · Yes. 21· · · ·Q· · Is that a "yes"? 22· · · ·A· · Yes. 23· · · ·Q· · And how old is Jimmy, your best estimate? 24· · · ·A· · My best estimate, he's probably late 25· ·forties, early fifties. ·1· · · ·Q· · And is Jimmy a man or a woman? ·2· · · ·A· · Man. ·3· · · ·Q· · Okay. ·4· · · · · · MR. NAKASE:· Mark transcript. ·5· ·BY MR. NAKASE: ·6· · · ·Q· · And is it your testimony that those boxes of ·7· ·pears was placed -- sorry.· Strike that. ·8· · · · · · And do you agree that those boxes of pears ·9· ·placed on that wood box is the best option to sell to 10· ·the customer? 11· · · · · · MR. HOY:· Vague and ambiguous.· Calls for 12· ·speculation. 13· · · · · · THE WITNESS:· I don't want to say best, but 14· ·I -- we -- right there is safe and it's not a 15· ·tripping hazard to my customers. 16· ·BY MR. NAKASE: 17· · · ·Q· · Okay.· Do you agree that a grocery store 18· ·manager must have knowledge necessary to do a job 19· ·correctly? 20· · · · · · MR. HOY:· Vague and ambiguous. 21· · · · · · THE WITNESS:· Can you ask me -- I mean -- 22· ·again? 23· ·BY MR. NAKASE: 24· · · ·Q· · Do you think a grocery store manager must 25· ·have knowledge necessary to prevent needless danger ·1· ·to the customers? ·2· · · · · · MR. HOY:· Asked and answered. ·3· · · · · · THE WITNESS:· Do I need to know that the -- ·4· ·does a grocery manager need to know -- I'm sorry. ·5· ·What? ·6· ·BY MR. NAKASE: ·7· · · ·Q· · Does a grocery store manager must have ·8· ·knowledge necessary to prevent needless danger to the ·9· ·customers? 10· · · · · · MR. HOY:· Same objection. 11· · · · · · THE WITNESS:· It's just, I mean, common 12· ·sense for us to do something like this, right? 13· ·BY MR. NAKASE: 14· · · ·Q· · So you agree? 15· · · ·A· · Uh-huh. 16· · · ·Q· · Is that a "yes"? 17· · · ·A· · Yes. 18· · · ·Q· · And do you also agree that a grocery store 19· ·manager must have knowledge necessary to identify 20· ·needless trip hazards to its customer? 21· · · · · · MR. HOY:· This is the same question. 22· · · · · · MR. NAKASE:· It's different. 23· · · · · · MR. HOY:· Asked and answered. 24· ·BY MR. NAKASE: 25· · · ·Q· · You may answer that question and then we'll ·1· ·move on to the next one. ·2· · · ·A· · Can you repeat it again? ·3· · · ·Q· · Do you agree when a grocery store manager ·4· ·does not get training to identify a trip hazard, the ·5· ·company creates a needless danger to its customers? ·6· · · · · · MR. HOY:· Asked and answered. ·7· · · · · · THE WITNESS:· I wouldn't know if -- I mean, ·8· ·how -- ·9· ·BY MR. NAKASE: 10· · · ·Q· · You don't know the answer to that question? 11· · · ·A· · I -- repeat.· Repeat, please. 12· · · ·Q· · Do you agree that when a grocery store 13· ·manager does not have the training to identify a trip 14· ·hazard, she does not have knowledge necessary to do 15· ·her job correctly? 16· · · · · · MR. HOY:· Objection.· Overbroad.· Vague and 17· ·ambiguous.· Incomplete hypothetical. 18· · · · · · THE WITNESS:· Experience. 19· ·BY MR. NAKASE: 20· · · ·Q· · Let's talk about May 2nd, 2017.· Is that 21· ·okay with you? 22· · · ·A· · Yes. 23· · · ·Q· · Okay.· On May 2nd, 2017, did you learn that 24· ·Cuc Le tripped and fell in your store? 25· · · ·A· · Yes.· When I heard -- ·1· · · ·Q· · Is that a "yes"? ·2· · · ·A· · Yes. ·3· · · ·Q· · Okay.· And how did you learn that Cuc Le ·4· ·tripped and fell in your store? ·5· · · ·A· · Someone called for my attention. ·6· · · ·Q· · And who was that person? ·7· · · ·A· · I don't remember who -- I don't remember who ·8· ·came to me to tell me about the fall. ·9· · · ·Q· · Was it by radio or is it by phone or is it 10· ·by person? 11· · · ·A· · I -- by person. 12· · · ·Q· · Okay.· But you don't remember who that 13· ·person is? 14· · · ·A· · Huh-uh. 15· · · ·Q· · Do you remember if it was a man or a woman? 16· · · ·A· · No, I -- 17· · · ·Q· · Do you remember if it was an employee? 18· · · ·A· · An employee?· Yes, it -- 19· · · ·Q· · So you remember an employee came up to you 20· ·in person and informed you that Cuc Le tripped and 21· ·fell in the store, right? 22· · · ·A· · Yes. 23· · · ·Q· · Okay.· Do you remember what time that was? 24· · · ·A· · I think the report said 12-something. 25· · · ·Q· · Okay.· Just by -- just by your memory. ·1· · · · · · MR. HOY:· If you can separate your memory ·2· ·from what you previously know. ·3· · · · · · THE WITNESS:· I -- just the report.· I just ·4· ·remember from the report. ·5· ·BY MR. NAKASE: ·6· · · ·Q· · If you were -- if you were to look at the ·7· ·report, would it refresh your recollection as to what ·8· ·time you were informed that Cuc Le tripped and fell ·9· ·in your store? 10· · · ·A· · No. 11· · · ·Q· · It wouldn't? 12· · · ·A· · I -- I don't remember what time it happened, 13· ·but I remember from reading the report. 14· · · ·Q· · Okay.· Do you remember if it was before or 15· ·after you took your lunch break that you were 16· ·informed -- strike that.· That was compound. 17· · · · · · Do you remember if you were informed that 18· ·Cuc Le tripped and fell in your store before you took 19· ·your lunch? 20· · · ·A· · No, I -- I don't remember. 21· · · ·Q· · And what did you do next when you were 22· ·informed that Cuc Le tripped and fell in your store? 23· · · ·A· · I ran over. 24· · · ·Q· · Okay.· And how long did that take? 25· · · ·A· · I -- I wasn't paying attention to how long ·1· ·it took me. ·2· · · ·Q· · Best estimate. ·3· · · ·A· · I wasn't paying attention to how long. ·4· · · ·Q· · Your best estimate.· Just one minute, two ·5· ·minutes, ten minutes? ·6· · · ·A· · No more than a minute.· The store's not that ·7· ·big. ·8· · · ·Q· · Okay.· When you arrived to where Cuc Le was, ·9· ·what did you see? 10· · · ·A· · I just saw her on the floor. 11· · · ·Q· · Okay.· And did you hear anything? 12· · · · · · MR. HOY:· Vague. 13· ·BY MR. NAKASE: 14· · · ·Q· · Did you hear Cuc Le say anything? 15· · · ·A· · I asked her, "Are you okay?"· She said, "How 16· ·bad luck is this.· I should have went to the market 17· ·by my house, but I came here." 18· · · ·Q· · Okay.· And what else did she say? 19· · · ·A· · And that's it. 20· · · ·Q· · That's all she said? 21· · · ·A· · And -- and then I asked her, "Are you okay?" 22· · · ·Q· · Okay.· And what did she say? 23· · · ·A· · And she said -- I don't think she said 24· ·anything.· Yeah. 25· · · ·Q· · Anything else? ·1· · · ·A· · Huh-uh. ·2· · · ·Q· · That was all? ·3· · · ·A· · What I could remember -- ·4· · · ·Q· · Okay. ·5· · · ·A· · -- what she said to me. ·6· · · ·Q· · How long were you standing there with Cuc Le ·7· ·the entire time you saw her on the floor to the time ·8· ·that she depart from your premises? ·9· · · ·A· · I was there -- I was there until the 10· ·ambulance came, the paramedics. 11· · · ·Q· · Okay.· And you were there until Cuc Le was 12· ·carried by the paramedics out of the store? 13· · · ·A· · Yes. 14· · · ·Q· · How long do you estimate that time period 15· ·was? 16· · · ·A· · I don't know. 17· · · ·Q· · Okay.· And before the paramedic arrive, all 18· ·you asked Cuc Le was, "Are you okay?" 19· · · ·A· · I asked her, "Are you okay," the first -- 20· ·and then she said, "How bad luck.· I wanted to go to 21· ·the store by my house, but I'm here."· And then I -- 22· ·and -- yeah. 23· · · ·Q· · That's all you asked her? 24· · · ·A· · I asked her that.· And that's -- she 25· ·responded -- I asked her is she okay, and that's all ·1· ·she responded to me. ·2· · · ·Q· · And what did she say?· Did she say she was ·3· ·okay? ·4· · · ·A· · She didn't respond if she was okay or not. ·5· ·All she said was, "How bad luck." ·6· · · ·Q· · Okay.· The entire time Cuc Le laid on the ·7· ·floor, she did not inform you how severe her pain ·8· ·was? ·9· · · ·A· · She may have, but I don't remember. 10· · · ·Q· · Okay.· And the entire time that you were 11· ·standing above Cuc Le while she was laying on the 12· ·floor, all you asked her was, "Are you okay?" 13· · · ·A· · I asked her that.· And then -- I asked her 14· ·if she needed an ambulance or -- 15· · · ·Q· · Okay.· Did you ask her anything else? 16· · · ·A· · I can't recall. 17· · · ·Q· · And how long do you estimate that you were 18· ·standing there above Cuc Le until the para -- 19· ·paramedics arrived? 20· · · ·A· · Oh, I wasn't keeping track of the time, I -- 21· · · ·Q· · Give me your best estimate. 22· · · ·A· · I -- I would -- I want to, but I just can't 23· ·recall it. 24· · · ·Q· · You just can't estimate how long you were 25· ·standing above Cuc Le while she was on the floor ·1· ·before paramedics arrived? ·2· · · ·A· · I can't recall. ·3· · · ·Q· · Okay.· And did you ask Cuc Le if she was ·4· ·feeling pain? ·5· · · ·A· · I asked her, "Are you okay?" ·6· · · ·Q· · Okay.· Did you ask Cuc Le if she was in ·7· ·pain? ·8· · · ·A· · No, I don't -- ·9· · · ·Q· · Did you ask Cuc Le if she wanted any water? 10· · · ·A· · I don't think I did. 11· · · ·Q· · Did you ask Cuc Le if she could get up? 12· · · ·A· · I don't remember. 13· · · ·Q· · Did you ask Cuc Le how she fell? 14· · · ·A· · No. 15· · · ·Q· · Did you ask Cuc Le how she tripped? 16· · · ·A· · No. 17· · · ·Q· · Did you ask -- did you ask Cuc Le where the 18· ·pain was on her body? 19· · · ·A· · I don't remember that part. 20· · · ·Q· · Did you -- did you ask Cuc Le if she was at 21· ·the store by herself? 22· · · ·A· · I think she said her -- her -- she wants to 23· ·call her son. 24· · · ·Q· · Did you ask Cuc Le if she was by herself? 25· · · ·A· · I didn't ask her that. ·1· · · ·Q· · Okay.· What did she -- what did Cuc Le say ·2· ·something about calling her son? ·3· · · ·A· · She said she's going to call her son. ·4· · · ·Q· · Okay.· What language was Cuc Le talking? ·5· · · ·A· · Vietnamese. ·6· · · ·Q· · And you're pretty proficient in Vietnamese? ·7· · · ·A· · I -- enough to probably have a conversation. ·8· · · ·Q· · It's your native language; yes? ·9· · · ·A· · Yes. 10· · · ·Q· · Okay.· Did you see Cuc Le crying while she 11· ·was laying on the floor? 12· · · ·A· · I -- I don't think she was.· I -- I don't -- 13· · · ·Q· · You didn't see Cuc Le crying when she was on 14· ·the floor? 15· · · ·A· · I don't remember that part. 16· · · ·Q· · Okay.· And did you hear Cuc Le crying while 17· ·she was on the floor? 18· · · ·A· · Crying tears, crying like that?· Because I 19· ·just asked her, and I don't -- I don't -- I don't 20· ·remember. 21· · · ·Q· · And did you call for the ambulance? 22· · · ·A· · We called. 23· · · ·Q· · Who is "we"? 24· · · ·A· · The store.· I'm not sure if -- who, but 25· ·someone at the store did. ·1· · · ·Q· · Who did you -- did you instruct somebody to ·2· ·contact 911? ·3· · · ·A· · I just said, "She needs an ambulance," and ·4· ·then someone -- you know, I -- it was -- it was -- ·5· ·you know, there was people standing around and I just ·6· ·remember I said, "Let's call the ambulance for her." ·7· · · ·Q· · Okay.· And did you call the ambulance? ·8· · · ·A· · No, someone did. ·9· · · ·Q· · Okay.· Did you instruct anybody to call the 10· ·ambulance? 11· · · ·A· · I -- I can't -- I can't remember.· I just 12· ·remember like it was -- there's a lot of people and I 13· ·just said, "Call the ambulance."· And I don't know 14· ·who did, but someone did. 15· · · ·Q· · Okay.· But you didn't instruct anybody to 16· ·call the ambulance; is that correct? 17· · · ·A· · No, I did look up and I said, "Call the 18· ·ambulance."· I'm not sure if it was -- if it was Anh 19· ·Tran.· It may have been her because when I looked up, 20· ·I said, "Just call the ambulance." 21· · · ·Q· · Okay.· And you're the store manager, 22· ·correct? 23· · · ·A· · Yes. 24· · · ·Q· · And what reason did you have for not calling 25· ·the ambulance? ·1· · · ·A· · Because I was -- ·2· · · · · · MR. HOY:· Objection.· Misstates testimony. ·3· ·BY MR. NAKASE: ·4· · · ·Q· · Do you understand my question? ·5· · · ·A· · Why I didn't call and I had someone else? ·6· · · ·Q· · Yes. ·7· · · ·A· · Because I was tending to Cuc Le. ·8· · · ·Q· · And how does that prevent you -- ·9· · · ·A· · I was with her. 10· · · ·Q· · -- from contacting 911? 11· · · ·A· · Oh, I can't leave her side.· Someone -- I 12· ·have to be by her side. 13· · · ·Q· · I understand.· Did you have a phone on you? 14· · · ·A· · I think so. 15· · · ·Q· · Did you -- do you have a cell phone? 16· · · ·A· · Yes. 17· · · ·Q· · And do you -- what type of cell phone did 18· ·you have on May 2nd, 2017? 19· · · ·A· · iPhone. 20· · · ·Q· · Okay.· And you've always had an iPhone; is 21· ·that correct? 22· · · ·A· · Yes. 23· · · ·Q· · And you've had an iPhone since 2008; is that 24· ·correct? 25· · · ·A· · Yes. ·1· · · ·Q· · And you always carry your iPhone with you in ·2· ·your pocket; is that correct? ·3· · · ·A· · Sometimes. ·4· · · ·Q· · Okay.· You don't put -- sometimes you carry ·5· ·it in your pocket? ·6· · · ·A· · Some -- I can't -- you said "always." ·7· · · ·Q· · Okay.· Most of the time you always have your ·8· ·cell phone on you; is that correct? ·9· · · ·A· · I -- most of the time I have it, sometimes. 10· · · ·Q· · Okay.· As you walk around the store, you'll 11· ·have your cell phone in your pocket or in your hand, 12· ·correct? 13· · · ·A· · Sometimes. 14· · · ·Q· · Okay.· And when you were standing there with 15· ·Cuc Le, did you have a cell phone? 16· · · ·A· · Yes. 17· · · ·Q· · So what reasons do you have for not 18· ·contacting 911 with your cell phone? 19· · · ·A· · I didn't -- I was -- I was with her.· So I 20· ·just looked up, and I just asked her to give a 21· ·call -- call the ambulance. 22· · · ·Q· · Okay.· I'm asking you what reasons do you 23· ·have for not calling the ambulance, you? 24· · · ·A· · I was tending to Cuc Le. 25· · · ·Q· · Okay.· And how does that prevent you from ·1· ·contacting 911? ·2· · · ·A· · Because if someone else calls, I can still ·3· ·tend to Cuc Le. ·4· · · ·Q· · Okay.· And how did you tend to Cuc Le? ·5· · · ·A· · Just -- I was just standing by her side ·6· ·waiting for the ambulance and waiting for her son. ·7· ·She said she's calling her son. ·8· · · ·Q· · Okay.· And how did she contact her son? ·9· · · ·A· · I think she called him with her phone. 10· · · ·Q· · And how did she -- how did Cuc Le contact 11· ·her son? 12· · · ·A· · I think she called him. 13· · · ·Q· · How -- I'm asking you -- you were standing 14· ·there the entire time; yes? 15· · · ·A· · I was.· I'm -- I think she pulled her -- I 16· ·think she called him by the phone, with her phone. 17· · · ·Q· · Okay.· Did you see Cuc Le contact her son on 18· ·her cell phone? 19· · · ·A· · No.· I -- maybe it wasn't her phone.· But it 20· ·was a call. 21· · · ·Q· · And when you were standing there and Cuc Le 22· ·was on the floor, you don't remember if Cuc Le was 23· ·crying? 24· · · · · · MR. HOY:· Asked and answered. 25· · · · · · THE WITNESS:· I don't remember. ·1· ·BY MR. NAKASE: ·2· · · ·Q· · You don't remember if Cuc Le was in pain? ·3· · · ·A· · I'm not trying to be insensitive, but I ·4· ·can't remember. ·5· · · ·Q· · Okay.· And as you were standing above -- ·6· ·above Cuc Le, did you feel bad? ·7· · · ·A· · Yeah. ·8· · · ·Q· · And why did you feel bad? ·9· · · ·A· · Because she was laying down. 10· · · ·Q· · Okay.· Why does that make you feel bad? 11· · · ·A· · I'm not an insensitive person, right? 12· · · ·Q· · Okay.· What emotions were going through you? 13· · · ·A· · I -- I can't recall my emotions at that 14· ·time. 15· · · ·Q· · Okay.· Why?· Were you in shock as you were 16· ·standing above Cuc Le and she was on the floor? 17· · · ·A· · I can't -- I -- I can't recall my emotions 18· ·at the time. 19· · · ·Q· · Okay.· Was that a pretty traumatic event for 20· ·you to see Cuc Le laying on the floor? 21· · · ·A· · Traumatic? 22· · · ·Q· · Yes. 23· · · ·A· · I -- I -- I was worried to see her on the 24· ·floor. 25· · · ·Q· · Yeah. ·1· · · ·A· · And that's why we -- we stayed by her side ·2· ·until paramedics and her son came. ·3· · · ·Q· · Okay.· And would you say that having a ·4· ·customer fall on your floor is a pretty traumatic ·5· ·event for you? ·6· · · ·A· · Yeah. ·7· · · ·Q· · Yes? ·8· · · ·A· · Yes. ·9· · · ·Q· · How many people -- how many customers have 10· ·you seen trip and fall in your store in the last ten 11· ·years? 12· · · ·A· · That I've seen? 13· · · ·Q· · Yes. 14· · · ·A· · I haven't seen them in -- in like -- if 15· ·you're asking me if I -- if I actually did see them 16· ·trip and fall, right?· Or -- is that -- is that what 17· ·you're asking me? 18· · · ·Q· · How many customers trip and fell in your 19· ·store that you're aware of in the last ten years? 20· · · ·A· · In the last ten years? 21· · · ·Q· · Your best estimate.· I'm not going to get a 22· ·precise number.· Was it more than five? 23· · · ·A· · About maybe seven. 24· · · ·Q· · Okay.· How many people tripped and fell in 25· ·your store since 2008? ·1· · · ·A· · Tripped and fell? ·2· · · ·Q· · Yeah, that you're aware of. ·3· · · ·A· · I mean, when you say "trip," like trip over ·4· ·something or like trip -- 2008 -- you said 2018? ·5· · · ·Q· · 2008. ·6· · · ·A· · '08, how many?· In 2008, how many tripped ·7· ·and fell? ·8· · · ·Q· · From 2008 to present, how many people do you ·9· ·estimate tripped and fell in your store? 10· · · · · · MR. HOY:· I'll -- I'll object.· Overbroad 11· ·and vague and ambiguous. 12· · · · · · THE WITNESS:· Tripped and -- 13· ·BY MR. NAKASE: 14· · · ·Q· · Your best estimate.· Was it more or less 15· ·than ten? 16· · · ·A· · Probably less than ten. 17· · · ·Q· · Was it more or less than five? 18· · · ·A· · Maybe more than five. 19· · · ·Q· · Okay.· So between -- from 2008 till present, 20· ·there was about five to ten people that have tripped 21· ·and fell in your store; is that correct? 22· · · ·A· · Probably. 23· · · ·Q· · Okay.· And from 2008 to present, how many 24· ·people slipped and fell in your store? 25· · · ·A· · That's why I asked you tripped and -- or ·1· ·slipped.· That's the difference. ·2· · · · · · Tripped?· Trip -- trip -- tripped -- I want ·3· ·to -- trip and slip is different. ·4· · · ·Q· · That's correct. ·5· · · ·A· · So trip here -- I want to say just one. ·6· · · ·Q· · Okay.· How many people in your -- how many ·7· ·customers slipped and fell in your store since 2008 ·8· ·to present? ·9· · · ·A· · And it -- and slipped and fell, it's 10· ·probably about -- I -- I -- I don't know how many 11· ·slipped and -- slipped and fell.· Five to six, 12· ·probably. 13· · · · · · MR. HOY:· So just so I am clear, when you -- 14· ·when you said -- when you were -- when you first said 15· ·maybe between five and ten, were you combining both 16· ·slip and trip at the same time? 17· · · · · · THE WITNESS:· Yes, yes. 18· · · · · · MR. HOY:· And now you're clarifying that 19· ·there's been one trip that you're aware of and the 20· ·rest have been slip-and-falls? 21· · · · · · THE WITNESS:· Yes, combining. 22· · · · · · MR. HOY:· Okay. 23· ·BY MR. NAKASE: 24· · · ·Q· · All right.· I think I asked this question. 25· ·Do you remember -- if you're looking at exhibit -- ·1· ·inviting your attention to Exhibit 25, Page 5, do you ·2· ·remember now when that wood box where the boxes of ·3· ·pears are placed on top of, do you remember when it ·4· ·was removed from that location? ·5· · · ·A· · No, I -- I can't remember. ·6· · · ·Q· · Do you -- your best estimate. ·7· · · ·A· · Best estimate? ·8· · · ·Q· · Yes.· How long after the fall? ·9· · · ·A· · A while.· I -- I -- I don't know.· I can't 10· ·remember.· I can't recall. 11· · · ·Q· · Do you know who built the wood box? 12· · · ·A· · No. 13· · · ·Q· · Did you instruct somebody to remove the wood 14· ·box from that location depicted in Exhibit 25, Page 15· ·5? 16· · · ·A· · Yes. 17· · · ·Q· · I'm sorry? 18· · · ·A· · Yes. 19· · · ·Q· · And who did you instruct to have the box 20· ·removed from that location? 21· · · ·A· · I don't remember. 22· · · ·Q· · And what reasons do you have for instructing 23· ·your employee to remove the -- the wood box from that 24· ·location depicted in 20 -- Exhibit 25, Page 5? 25· · · ·A· · We have many of these platforms around the ·1· ·store.· So it gets, you know -- depending -- there ·2· ·are other place -- there are other places that are -- ·3· ·will do better. ·4· · · ·Q· · Okay.· And after Cuc Le fell, it was the ·5· ·first time that you instructed employees to move that ·6· ·wood box on Exhibit 25, Page 5 to a different ·7· ·location; is that correct? ·8· · · ·A· · I may have moved it because I found -- I ·9· ·decided to put something -- these pears up on the 10· ·fridge case because they were doing better up there. 11· · · ·Q· · What case?· Fridge case? 12· · · ·A· · The fridge case.· Wrapping it up and -- 13· ·it's -- it's a better sell there, so -- 14· · · ·Q· · Okay.· What fridge case?· What are you 15· ·referring to, fridge case? 16· · · ·A· · Something like this.· Something like this. 17· · · ·Q· · What's "like this"? 18· · · ·A· · These cases.· These -- these -- 19· · · ·Q· · Okay.· Show me what you're looking at, 20· ·please.· Is it on Exhibit 25, Page 5? 21· · · ·A· · Yes. 22· · · ·Q· · Okay.· Are you talking about this -- what 23· ·appears to be a wood -- 24· · · ·A· · No. 25· · · ·Q· · -- fruit stand? ·1· · · ·A· · Up here. ·2· · · · · · MR. NAKASE:· Counsel, what is she pointing ·3· ·at?· I can't see this upside down. ·4· · · · · · THE WITNESS:· This is a refrigerator. ·5· ·BY MR. NAKASE: ·6· · · ·Q· · I'm gonna -- may I come around? ·7· · · · · · Could you -- could you put a circle around ·8· ·what you're talking about, please? ·9· · · ·A· · (Witness complies.) 10· · · ·Q· · Okay.· And you just placed a circle -- 11· · · ·A· · It's -- not -- not here.· It's something -- 12· · · ·Q· · I understand. 13· · · · · · You just placed a circle on Exhibit 25, 14· ·Page 5, which is above a shopping cart; is that 15· ·correct? 16· · · ·A· · Yes. 17· · · ·Q· · Okay.· And -- 18· · · ·A· · Sorry. 19· · · ·Q· · And you call it a fridge case? 20· · · ·A· · Yeah, because it's -- it's a -- it's cold. 21· · · ·Q· · Oh, it's cold? 22· · · ·A· · Yeah. 23· · · ·Q· · Okay.· And when did you decide that those 24· ·four boxes of pears would sell better on a fridge 25· ·case? ·1· · · · · · MR. HOY:· Objection.· Misstates testimony. ·2· ·She never said those four boxes were sold in a fridge ·3· ·case. ·4· ·BY MR. NAKASE: ·5· · · ·Q· · Did those four boxes -- did you remove those ·6· ·four boxes and put them on the fridge case? ·7· · · ·A· · No, I didn't say I removed those four boxes. ·8· ·But you asked me "If you removed the platform, where ·9· ·did you put those -- where did you put the fruit?" 10· · · ·Q· · Yes. 11· · · ·A· · But I didn't -- you didn't say these four 12· ·boxes, right? 13· · · ·Q· · I see.· And when did you decide that you 14· ·were going to sell these -- these boxes of pears on a 15· ·fruit stand? 16· · · ·A· · It's all testing to see which place -- areas 17· ·get -- is it -- which place is a better sell. 18· ·Whether we wrap them up, put them on the -- on the 19· ·fridge, does it do better?· It's all -- 20· · · ·Q· · And so you made a decision to -- to place 21· ·the -- the boxes of pears on a fruit stand instead of 22· ·a wood box, correct? 23· · · ·A· · No. 24· · · · · · MR. HOY:· I'll object.· Again, we're -- I 25· ·don't see a distinction between these boxes and these ·1· ·specific four boxes. ·2· · · · · · MR. NAKASE:· I'm just -- ·3· · · · · · MR. HOY:· The product of pears -- ·4· · · · · · MR. NAKASE:· I'll call it whatever you want. ·5· ·You want to call it a "product of pears"? ·6· · · · · · MR. HOY:· I just want to make sure she ·7· ·knows -- ·8· · · · · · MR. NAKASE:· That's fine. ·9· · · · · · MR. HOY:· If you're speaking about these 10· ·specific four boxes, I just wish you would say so. 11· ·And if not, then make sure she understands. 12· ·BY MR. NAKASE: 13· · · ·Q· · I'll call it whatever you like.· Do you want 14· ·to call it "products of pears"? 15· · · ·A· · Pears. 16· · · ·Q· · Okay.· When did you decide to sell boxes of 17· ·pears on a fridge stand? 18· · · · · · MR. HOY:· Miss -- misstates testimony. I 19· ·believe she said she wraps them up now and puts them 20· ·up in the fridge stand. 21· · · · · · THE WITNESS:· I did. 22· ·BY MR. NAKASE: 23· · · ·Q· · Okay.· So when did you decide that you're 24· ·going to sell pears on a fridge stand? 25· · · ·A· · It also depends.· If the season is in, then ·1· ·you get lots of them, right?· So when the -- when ·2· ·the -- when the -- when the season -- when the pears ·3· ·are about to go out of season, you just start ·4· ·wrapping them up and putting them like on the fridge ·5· ·case. ·6· · · ·Q· · I'm just asking you when after Cuc Le fell ·7· ·you decided that you're going to sell pears on a ·8· ·fridge stand? ·9· · · ·A· · And I'm not saying that's when after Cuc Le 10· ·fell.· It's just when the season, when it's 11· ·appropriate when there's not much pears.· So we 12· ·decide, hey, we don't -- we can't order enough boxes 13· ·to leave -- to sell in cases.· We'll just wrap it up 14· ·because people will -- 15· · · ·Q· · And when was that?· What month was that? 16· ·Was it in June?· Was it in July of 2017? 17· · · · · · MR. HOY:· Vague as to time still because we 18· ·don't know if they were ever wrapped before the 19· ·trip-and-fall either.· The -- okay.· I'll let you ask 20· ·the questions. 21· ·BY MR. NAKASE: 22· · · ·Q· · Do you understand my question? 23· · · ·A· · You asked me when I decided to do it. 24· · · ·Q· · Yes. 25· · · ·A· · I -- I don't remember when I decided to do ·1· ·it, but, you know, things change differently -- ·2· ·these -- ·3· · · ·Q· · Okay. ·4· · · ·A· · Sometimes these products, they change ·5· ·different because it's seasonal.· Sometimes because ·6· ·of the weather, we don't -- they don't have enough. ·7· · · ·Q· · Okay. ·8· · · ·A· · So that's why I can't -- I -- I can't -- ·9· ·I -- I can't tell you why did we decide it because 10· ·sometimes it could be like, oh, there's not enough 11· ·water, so there's not enough pears.· All right. 12· ·Instead of putting them there, let's wrap it up. 13· · · ·Q· · Do you -- since 2017, does your store still 14· ·sell boxes of pears placed on an empty wood box on 15· ·the floor? 16· · · ·A· · Since 2017, do we still sell pears on a 17· ·platform? 18· · · ·Q· · Yes. 19· · · ·A· · Cases of pears? 20· · · · · · MR. HOY:· At any time since 2017? 21· · · · · · MR. NAKASE:· Let me rephrase that.· Okay? 22· ·BY MR. NAKASE: 23· · · ·Q· · Since May 2nd, 2017, does your store still 24· ·sell boxes of pears placed on a wood box on the 25· ·floor? ·1· · · · · · MR. HOY:· I'm going to object because ·2· ·"still" -- "still" means as of right this second. ·3· ·"Still" means present tense. ·4· · · · · · At any time since 2017, it could have been ·5· ·sold for one month or two months and then stopped. ·6· · · · · · But when you say "still," that says as of ·7· ·today.· So I'm going to object as overbroad and vague ·8· ·and ambiguous. ·9· · · · · · THE WITNESS:· I just -- produce and fruits, 10· ·it's -- you can never say -- you know, I mean -- 11· ·BY MR. NAKASE: 12· · · ·Q· · Let me rephrase it. 13· · · · · · From May 2nd, 2010 [sic] to present, has 14· ·your store sold boxes of pears placed on a wood box 15· ·on the floor? 16· · · ·A· · Yes. 17· · · ·Q· · Okay.· And you moved it; that's correct? 18· ·And you put it on the fridge box, right? 19· · · ·A· · Well, we don't put the case on the fridge -- 20· ·a case.· We don't put a case on the fridge. 21· · · ·Q· · The case you're talking about, the boxes of 22· ·pears? 23· · · ·A· · Yes.· The boxes of pears, we don't put it on 24· ·the fridge case. 25· · · ·Q· · Do you -- I understand.· I'm asking do you ·1· ·still sell these boxes of pears placed on a wood box ·2· ·on the floor after May 2nd, 2017? ·3· · · · · · MR. HOY:· Again, same objections.· "Still" ·4· ·makes it vague as -- as -- as to time. ·5· · · · · · THE WITNESS:· So we do sell these pears in ·6· ·cases like this. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · Yes. ·9· · · ·A· · We do. 10· · · ·Q· · And how do you sell them? 11· · · ·A· · We do have them on platforms. 12· · · ·Q· · Where do you place the platforms? 13· · · ·A· · It -- 14· · · ·Q· · Did you move the platform -- you called it 15· ·the platform, but you're talking about the wood box; 16· ·yes? 17· · · ·A· · The -- the platform.· This -- I -- I call it 18· ·the platform; you call it the wood box. 19· · · ·Q· · Okay.· Where did you move it to -- to 20· ·display these -- these cases, you called it, of 21· ·pears?· To a safer location? 22· · · ·A· · They come in -- they -- they still sit on 23· ·the fridge case. 24· · · ·Q· · Okay. 25· · · ·A· · We still sell them, but they come in like a ·1· ·different style box now. ·2· · · ·Q· · Let me ask you.· Would you place these cases ·3· ·of pears and this wood box in the front entrance ·4· ·where the customer are walking in, walking through? ·5· · · ·A· · I don't -- I don't understand what you're ·6· ·asking me.· Would I -- would I place what? ·7· · · ·Q· · Did you -- okay.· You see these -- looking ·8· ·at Exhibit 25, Page 5 -- ·9· · · ·A· · Uh-huh. 10· · · ·Q· · -- do you see the wood -- boxes of pears? 11· · · ·A· · Uh-huh. 12· · · ·Q· · Okay.· And do you also see this -- would you 13· ·call it a wood platform? 14· · · ·A· · Uh-huh. 15· · · ·Q· · Okay.· Would you place the wood platform and 16· ·the boxes of pears in the front entrance right in 17· ·front of where the customers are walking? 18· · · ·A· · I -- 19· · · · · · MR. HOY:· Objection.· Incomplete 20· ·hypothetical.· Calls for speculation. 21· · · · · · THE WITNESS:· Front entrance of entering the 22· ·supermarket? 23· ·BY MR. NAKASE: 24· · · ·Q· · Yes. 25· · · ·A· · You can't. ·1· · · ·Q· · Why not? ·2· · · ·A· · The cash -- the registers are there. ·3· · · ·Q· · I understand. ·4· · · · · · The registers are about 10 feet, 15 feet ·5· ·from the front entrance; is that correct? ·6· · · ·A· · Uh-huh. ·7· · · ·Q· · And the front entrance is a double door; is ·8· ·that correct? ·9· · · ·A· · Uh-huh. 10· · · ·Q· · It's a sliding door there, correct? 11· · · ·A· · Correct. 12· · · ·Q· · And those double sliding doors are always 13· ·open; is that correct? 14· · · ·A· · Uh-huh. 15· · · ·Q· · Okay.· And would you put the wood boxes -- 16· ·sorry -- the wood box and the boxes of pears in the 17· ·front entrance where your customers are walking? 18· · · · · · MR. HOY:· Calls for speculation.· Incomplete 19· ·hypothetical. 20· · · · · · THE WITNESS:· I can't put it there because 21· ·there's no room for it. 22· ·BY MR. NAKASE: 23· · · ·Q· · Okay.· And how far from the cash register is 24· ·the front entrance? 25· · · ·A· · I don't -- I don't remember how -- how many ·1· ·feet.· I don't remember how many feet from the ·2· ·register -- register to the front door. ·3· · · ·Q· · Okay.· You can't estimate how many feet the ·4· ·cash register -- cash register is from the front ·5· ·entrance door? ·6· · · · · · MR. HOY:· Vague and overbroad because there ·7· ·might be more than one cash register. ·8· ·BY MR. NAKASE: ·9· · · ·Q· · The closest one. 10· · · ·A· · Can you tell me how wide is this? 11· · · ·Q· · Let's move on.· Let's talk about video 12· ·cameras.· Okay? 13· · · · · · Do you agree that your company must preserve 14· ·all videos that exonerate the company from liability 15· ·when a customer is injured in the store? 16· · · · · · MR. HOY:· Objection.· Calls for a legal 17· ·conclusion and an expert opinion and speculation. 18· · · · · · THE WITNESS:· You said that we -- we need to 19· ·preserve all videos? 20· ·BY MR. NAKASE: 21· · · ·Q· · Do you understand my question? 22· · · ·A· · I didn't. 23· · · ·Q· · Do you agree that your customer -- company 24· ·must preserve all videos that exonerate the company 25· ·from liability when a customer is injured in the ·1· ·store? ·2· · · · · · MR. HOY:· Same objection. ·3· · · · · · He's just talking about your knowledge, your ·4· ·belief, your understanding. ·5· · · · · · THE WITNESS:· I just do it if -- I do it on ·6· ·my own. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · Okay.· And you -- you would want to preserve ·9· ·all surveillance videos that would exonerate the 10· ·company from liability when a customer is injured in 11· ·your store; is that correct? 12· · · · · · MR. HOY:· Calls for speculation. 13· · · · · · THE WITNESS:· I do the -- I take the video 14· ·because I feel like this -- 15· ·BY MR. NAKASE: 16· · · ·Q· · I'm not talking about this.· I'm just 17· ·talking about you.· You are -- you -- you're 18· ·responsible for the surveillance camera. 19· · · ·A· · Uh-huh. 20· · · ·Q· · Is that correct? 21· · · ·A· · Uh-huh. 22· · · ·Q· · And you're responsible for looking at it; is 23· ·that correct? 24· · · ·A· · Uh-huh.· Uh-huh. 25· · · ·Q· · And you're responsible for preserving the ·1· ·videos when a customer falls in your store; is that ·2· ·correct? ·3· · · · · · MR. HOY:· Objection.· Lacks foundation. ·4· ·Calls for speculation. ·5· · · · · · THE WITNESS:· I would -- I mean, if there ·6· ·is an -- if there is an area -- I mean, if -- if you ·7· ·slip and fall in the bathroom, I can't get a video of ·8· ·that. ·9· ·BY MR. NAKASE: 10· · · ·Q· · Okay.· But if there's a video, you would 11· ·preserve that. 12· · · · · · I'm asking you when -- do you agree that 13· ·your company preserves all videos that would 14· ·exonerate your company from liability when a customer 15· ·is injured in your store? 16· · · · · · MR. HOY:· Objection.· Overbroad and calls 17· ·for speculation. 18· · · · · · THE WITNESS:· My company doesn't require me 19· ·to do anything -- 20· ·BY MR. NAKASE: 21· · · ·Q· · Okay.· I understand. 22· · · ·A· · -- on the video. 23· · · ·Q· · But you make it a personal policy of 24· ·yours -- yours as a store manager to preserve all 25· ·videos that exonerate the company from liability when ·1· ·a company -- when a customer is injured in the store? ·2· · · · · · MR. HOY:· Objection. ·3· · · · · · If you understand the words being used, then ·4· ·by all means answer. ·5· · · · · · THE WITNESS:· I only take the video if I -- ·6· ·if -- if I see that there was a fall and if ·7· ·there's -- ·8· ·BY MR. NAKASE: ·9· · · ·Q· · Okay.· And you would only preserve the 10· ·videos if the videos shows that the company is not 11· ·liable; is that correct? 12· · · · · · MR. HOY:· Objection.· That misstates 13· ·testimony.· And it's bordering on trying to mislead 14· ·the witness through questions. 15· · · · · · THE WITNESS:· How would I know if that -- 16· ·how would I -- wait.· Can you repeat, please? 17· ·BY MR. NAKASE: 18· · · ·Q· · Do you agree that your company preserves 19· ·videos of people who are injured in the store to show 20· ·the company is not liable for the injury? 21· · · · · · MR. HOY:· Objection.· Calls for speculation. 22· · · · · · You can testify as to your own practice or 23· ·what you know about the company's practice. 24· · · · · · THE WITNESS:· I don't know what the company 25· ·would -- I don't know if the comp- -- what the ·1· ·company asks for, but -- I don't know whether that ·2· ·video will exonerate us or not.· How do I -- I mean ·3· ·how -- how can you -- how can I say that -- who's ·4· ·liable at that moment? ·5· ·BY MR. NAKASE: ·6· · · ·Q· · Okay.· Do you agree that not preserving ·7· ·videos of people injured in your store create a ·8· ·needless harm to your -- your customers? ·9· · · ·A· · If I don't -- 10· · · · · · MR. HOY:· Objection.· Vague.· Ambiguous. 11· · · · · · THE WITNESS:· Can -- 12· ·BY MR. NAKASE: 13· · · ·Q· · Okay.· Do you agree that not preserving 14· ·videos of people injured in your store create a 15· ·needless harm to the customer? 16· · · · · · MR. HOY:· Objection.· Vague as to "needless 17· ·harm." 18· · · · · · THE WITNESS:· Yeah, I don't understand what 19· ·the video has to do with harming the customer, 20· ·though. 21· ·BY MR. NAKASE: 22· · · ·Q· · Okay.· What is the cost of preserving a -- a 23· ·video from one surveillance camera in 24 hours -- I'm 24· ·sorry -- in 12 hours, capturing 12 hours of 25· ·surveillance? ·1· · · ·A· · I'm sorry.· What -- what -- what is it, 12 ·2· ·hours? ·3· · · ·Q· · How much does it -- how much would it cost ·4· ·you to preserve, say, three hours of surveillance? ·5· · · ·A· · But I mean -- I mean, why -- why would I sit ·6· ·there and preserve three hours of video?· For -- for ·7· ·what? ·8· · · ·Q· · Okay.· When Cuc Le fell -- ·9· · · ·A· · Yeah. 10· · · ·Q· · -- did you go look at the surveillance 11· ·videos? 12· · · ·A· · Yes. 13· · · ·Q· · And how many surveillance videos did you 14· ·look at? 15· · · ·A· · I don't remember how many surveillance 16· ·videos I looked at.· I just looked in the produce 17· ·area because that's where the -- it happened. 18· · · ·Q· · Okay.· And there are many video cameras in 19· ·the store; is that correct? 20· · · ·A· · Yes. 21· · · ·Q· · And there are video cameras in the front -- 22· ·in the front entrance; is that correct? 23· · · ·A· · Yes. 24· · · ·Q· · And there's at least a dozen video cameras 25· ·in the front entrance; is that correct? ·1· · · ·A· · I don't know if there's a dozen in the ·2· ·front. ·3· · · ·Q· · There's at least ten, right? ·4· · · · · · MR. HOY:· You can take your time to think. ·5· ·Don't just be led into an answer. ·6· · · · · · THE WITNESS:· There's a -- you're saying ·7· ·that there's a dozen camera that covers the front ·8· ·entrance of the door? ·9· ·BY MR. NAKASE: 10· · · ·Q· · Well, let me ask you.· When you walk into 11· ·the front entrance, there are -- right as you enter 12· ·the front entrance, there are a row of camera right 13· ·underneath the -- the customers; is that correct? 14· · · ·A· · That's by -- that's by the -- that's by the 15· ·cash register. 16· · · ·Q· · Okay.· Let's -- inviting your attention to 17· ·Exhibit 24, please, Page 3. 18· · · · · · (Exhibit 24 marked) 19· ·BY MR. NAKASE: 20· · · · · · Okay.· Do you recognize Exhibit 24, Page 3? 21· · · ·A· · Uh-huh. 22· · · ·Q· · And how do you recognize it? 23· · · ·A· · Because that's the store. 24· · · ·Q· · Is that the -- the -- the condition of the 25· ·store that is today? ·1· · · ·A· · Well, today, I don't know today, but -- I ·2· ·don't know if it's today, but it is right now. ·3· · · ·Q· · Okay.· And the condition hasn't changed ·4· ·structurally; am I correct? ·5· · · ·A· · Uh-huh. ·6· · · ·Q· · Okay.· And do you see there's a -- do -- and ·7· ·do you see there's a -- a -- a white canopy right ·8· ·below the glass on the ceiling? ·9· · · ·A· · Yeah. 10· · · ·Q· · Okay. 11· · · ·A· · A white roof. 12· · · ·Q· · And you see this -- and there are little 13· ·black dots, dome shape, on that soffit.· Do you see 14· ·that? 15· · · ·A· · Right there, these cameras. 16· · · ·Q· · Yes.· Could I invite you to circle those 17· ·cameras, please. 18· · · ·A· · You want this one? 19· · · ·Q· · Sure.· All of them. 20· · · ·A· · (Witness complies.) 21· · · ·Q· · And those video cameras, were they always -- 22· ·were they always there since you worked there?· Those 23· ·video cameras, were they there on May 2nd, 2017? 24· · · ·A· · Yes. 25· · · ·Q· · And how many video cameras are there on that ·1· ·soffit? ·2· · · ·A· · One, two, three, four. ·3· · · ·Q· · Okay.· And those video cameras would have ·4· ·captured -- that was operating on May 2nd, 2017, ·5· ·correct? ·6· · · ·A· · Yes. ·7· · · ·Q· · Okay.· And those video cameras would have ·8· ·captured Cuc Le walking into the store; is that ·9· ·correct? 10· · · ·A· · These cameras wouldn't. 11· · · ·Q· · Why not? 12· · · ·A· · Because -- because the door is right here. 13· ·I -- I don't remember exactly.· I don't sit at the 14· ·camera and watch it every day.· But it would have to 15· ·shoot from -- if you want to see her coming in, it 16· ·would have to sit right here or shoot in at a 17· ·different angle. 18· · · ·Q· · Okay.· Isn't there a video camera right 19· ·above the front entrance? 20· · · ·A· · This? 21· · · ·Q· · Yeah, can you identify the front entrance? 22· · · ·A· · Oh, I mean, this is the front entrance right 23· ·here. 24· · · ·Q· · Is this -- and is there a video camera right 25· ·above the front entrance? ·1· · · ·A· · Are you saying this? ·2· · · ·Q· · What's that?· No, the one that you circled. ·3· · · ·A· · This?· I don't know if that's directly above ·4· ·the -- ·5· · · ·Q· · Okay. ·6· · · ·A· · -- door.· I don't -- I can't -- ·7· · · ·Q· · Okay. ·8· · · ·A· · -- tell by looking at this picture. ·9· · · ·Q· · When that -- when those -- those video 10· ·cameras, would they have captured Cuc Le walking into 11· ·the store in -- in -- at all? 12· · · ·A· · It may have captured Cuc Le walk in the 13· ·store, but it's -- it's -- it's really hard to tell 14· ·what time she came in.· I don't know what time she 15· ·came in. 16· · · ·Q· · Did you check? 17· · · ·A· · Huh? 18· · · ·Q· · Did you check those videos from those -- 19· ·from the camera reflected in Exhibit 24, Page 3? 20· · · ·A· · I -- I don't remember.· I don't -- I don't 21· ·remember if I looked at the front entrance to see 22· ·what time she came in, but I just think that it's 23· ·hard -- I mean, it would -- you would have to sit 24· ·through -- from -- from opening to -- I don't know 25· ·from how long to see her walk in.· I mean, I don't ·1· ·know when she walked in the store for me to -- ·2· · · ·Q· · How many hours are customers generally in ·3· ·your store? ·4· · · · · · MR. HOY:· Objection.· Calls for speculation. ·5· · · · · · THE WITNESS:· I don't know. ·6· ·BY MR. NAKASE: ·7· · · ·Q· · On average? ·8· · · · · · MR. HOY:· Again, speculation. ·9· ·BY MR. NAKASE: 10· · · ·Q· · Are your customers in the store for more 11· ·than an hour? 12· · · ·A· · I -- 13· · · · · · MR. HOY:· Overbroad.· Speculation. 14· · · · · · THE WITNESS:· Some run in and run out.· I -- 15· ·I -- I -- 16· ·BY MR. NAKASE: 17· · · ·Q· · What's the longest a -- a customer would 18· ·stay in your store to buy merchandise before they 19· ·leave? 20· · · · · · MR. HOY:· Objection.· Calls for speculation. 21· · · · · · THE WITNESS:· Some -- some could take a long 22· ·time.· I -- I don't know what's the longest time. 23· ·BY MR. NAKASE: 24· · · ·Q· · What's the longest time that you knew -- 25· ·that you know of? ·1· · · ·A· · I -- I don't know. ·2· · · ·Q· · Okay.· And do you think it was important for ·3· ·you -- did you think that it was important for you to ·4· ·examine the surveillance video to make sure that Cuc ·5· ·Le was walking when she walked into the store? ·6· · · ·A· · No, I didn't think about that. ·7· · · ·Q· · Okay.· You didn't want to know to see if she ·8· ·was limping when she walked into your store? ·9· · · ·A· · Well, she wasn't when she was -- I don't 10· ·know whether she was or not when walking around the 11· ·produce, I -- 12· · · ·Q· · Didn't you think -- didn't you think it was 13· ·important for you to look to see if she was limping 14· ·when she walked into the store? 15· · · ·A· · I didn't think about that. 16· · · ·Q· · Okay.· Inviting your attention to Exhibit 17· ·24, Page 6.· Do you recognize the photograph? 18· · · ·A· · Uh-huh. 19· · · ·Q· · And how do you recognize the photograph? 20· · · ·A· · It's the produce. 21· · · ·Q· · It's the produce area? 22· · · ·A· · Yes. 23· · · ·Q· · And is that the produce area in your store? 24· · · ·A· · Yes. 25· · · ·Q· · Is that white pole right there in the center ·1· ·of the photograph the area where Cuc Le tripped and ·2· ·fell? ·3· · · ·A· · Yes. ·4· · · ·Q· · And is that the same location where you had ·5· ·that wood box where Cuc Le tripped and fell? ·6· · · ·A· · Yes. ·7· · · ·Q· · Okay.· And that's the same location where ·8· ·you had the boxes of pears displayed on the wood box ·9· ·where Cuc Le tripped and fell? 10· · · ·A· · Yes. 11· · · ·Q· · Okay.· And does Exhibit 24, Page -- 20 -- 12· ·Exhibit 24, Page 6 accurately depict the condition of 13· ·that area of the produce area today?· Besides the 14· ·merchandise, okay. 15· · · ·A· · Yeah. 16· · · ·Q· · Yes? 17· · · ·A· · Yes. 18· · · ·Q· · Okay.· Inviting your attention to 19· ·Exhibit 24, Page 8.· Do you recognize this 20· ·photograph? 21· · · ·A· · Yes. 22· · · ·Q· · And how do you recognize this photograph? 23· · · ·A· · It's in our store. 24· · · ·Q· · It's in the store? 25· · · ·A· · Yes. ·1· · · ·Q· · Okay.· And this is the room that is between ·2· ·the main grocery store and the produce -- produce ·3· ·room, correct? ·4· · · ·A· · You walk through this room and then you go ·5· ·into the produce. ·6· · · ·Q· · Okay.· So you have to cross through this ·7· ·room in order to get to the produce room; is that ·8· ·correct? ·9· · · ·A· · Yes. 10· · · ·Q· · And Cuc Le would need to walk through this 11· ·room, depicted in Exhibit 24, Page 8, to get into the 12· ·produce room; is that correct? 13· · · ·A· · Yes. 14· · · ·Q· · Okay.· And do you see that there's a video 15· ·camera in that produce -- in this room depicted in 16· ·Exhibit 24, Page 8? 17· · · ·A· · Yes. 18· · · ·Q· · Okay.· And that video camera, could you 19· ·circle that, please. 20· · · ·A· · (Witness complies.) 21· · · ·Q· · And -- and that video camera, do you -- did 22· ·you check to see that video camera after Cuc Le fell? 23· · · ·A· · No. 24· · · ·Q· · Okay.· That video camera would have caught 25· ·Cuc Le walking into the produce room; is that ·1· ·correct? ·2· · · ·A· · It's not really looking towards the produce, ·3· ·though. ·4· · · ·Q· · I understand.· But that camera that you just ·5· ·circled on Exhibit 24, Page 8, would have captured ·6· ·Cuc Le walking to the produce room, right? ·7· · · · · · MR. HOY:· He said walking to the produce ·8· ·room.· So -- yeah, just answer the question. ·9· · · · · · THE WITNESS:· I think so. 10· ·BY MR. NAKASE: 11· · · ·Q· · Okay. 12· · · ·A· · Yes. 13· · · ·Q· · And why didn't you check that surveillance 14· ·video to make sure that Cuc Le was walking properly 15· ·when she walked into the produce room? 16· · · ·A· · I didn't think of that. 17· · · ·Q· · You didn't think it was important? 18· · · ·A· · I didn't -- it -- it never occurred to me to 19· ·look at -- 20· · · ·Q· · Okay. 21· · · ·A· · -- check out Cuc Le shopping around the 22· ·store. 23· · · ·Q· · Okay.· And why didn't you think it was 24· ·important? 25· · · · · · Ms. Wong, you looked at that video camera ·1· ·when Cuc Le fell, which is depicted in Exhibit 24, ·2· ·Page 8, didn't you? ·3· · · ·A· · I -- what -- you said that I looked at this ·4· ·camera to check on Cuc Le? ·5· · · ·Q· · Yes. ·6· · · ·A· · On the day she fell? ·7· · · ·Q· · Yes. ·8· · · ·A· · I don't know, I don't -- I know for sure I ·9· ·looked in the produce.· Other areas I -- I can't 10· ·recall. 11· · · ·Q· · Okay.· Inviting your attention to Exhibit 12· ·24, Page 9. 13· · · · · · Do you recognize the photograph? 14· · · ·A· · Yes. 15· · · ·Q· · And how do you recognize the photograph? 16· · · ·A· · It's the produce area, part of it. 17· · · ·Q· · Okay.· And this is the entrance that we're 18· ·looking at to the produce room; is that correct? 19· · · ·A· · Uh-huh.· Yes. 20· · · ·Q· · Okay.· And do you see a video camera in 21· ·Exhibit 24, Page 9? 22· · · ·A· · Yes. 23· · · ·Q· · And could I invite you to circle that, 24· ·please. 25· · · ·A· · (Witness complies.) ·1· · · ·Q· · Okay.· And is that, where you circled, is ·2· ·that that little black -- what appears to be black ·3· ·equipment in the green stripe -- ·4· · · ·A· · Uh-huh. ·5· · · ·Q· · -- on the wall?· Is that correct? ·6· · · ·A· · Yes. ·7· · · ·Q· · Okay.· And did you examine that surveillance ·8· ·camera? ·9· · · ·A· · That could be -- 10· · · · · · MR. HOY:· Objection.· Vague as to time. 11· ·BY MR. NAKASE: 12· · · ·Q· · Did you examine that surveillance camera 13· ·that you circled in Exhibit 24, Page 9? 14· · · ·A· · I can't remember if that's a working camera 15· ·or not. 16· · · ·Q· · And does -- does that camera work? 17· · · ·A· · I can't remember.· I'd have to look at it 18· ·because this is -- this is a -- this is an 19· ·older-model camera. 20· · · ·Q· · Okay. 21· · · ·A· · So, we -- I mean, we never bothered to take 22· ·it down. 23· · · ·Q· · Okay. 24· · · ·A· · It's there. 25· · · ·Q· · Okay.· Is that the only camera that's not ·1· ·working? ·2· · · ·A· · No, there are other cameras in the store ·3· ·that are not working. ·4· · · ·Q· · Just in the produce room. ·5· · · ·A· · I -- I can't remember. ·6· · · ·Q· · You don't know if that camera that you just ·7· ·circled on Exhibit 24, Page 9 was working on -- on ·8· ·May 2nd, 2017? ·9· · · ·A· · I don't think it -- I don't think it was 10· ·working.· Because some of the cameras I -- work and 11· ·some are just there just -- 12· · · ·Q· · Okay. 13· · · ·A· · -- to be there. 14· · · ·Q· · You're the person responsible for looking at 15· ·the surveillance camera; is that correct? 16· · · ·A· · Yes. 17· · · ·Q· · And you do that to make sure that -- what is 18· ·the reason for you to look at the surveillance 19· ·videos? 20· · · ·A· · I look at the surveillance video to 21· ·sometimes make sure that the shoplifters aren't 22· ·shopping so that, you know -- that sometimes when 23· ·they -- 24· · · ·Q· · Okay. 25· · · ·A· · Yeah. ·1· · · ·Q· · And you look at the surveillance camera to ·2· ·make sure that people are not stealing from your ·3· ·store; is that correct? ·4· · · ·A· · Sometimes. ·5· · · ·Q· · Okay.· And that was the purpose of the ·6· ·surveillance cameras; is that correct? ·7· · · ·A· · Yeah. ·8· · · ·Q· · Okay.· And it's important for you to protect ·9· ·your profit from theft; is that correct? 10· · · ·A· · Yeah. 11· · · ·Q· · And you want to make sure that all the 12· ·cameras are working in your store when they're broken 13· ·down so that you can protect your products; is that 14· ·correct? 15· · · ·A· · Not all cameras is working. 16· · · ·Q· · Okay. 17· · · ·A· · Because it's an old system.· It's an old 18· ·camera. 19· · · ·Q· · Okay. 20· · · ·A· · It's -- it's -- it's used -- it's no good. 21· ·But then we -- we -- I said just leave it there. 22· · · ·Q· · Okay.· And do you know if this particular 23· ·camera on Exhibit 24, Page 9 was operating? 24· · · ·A· · I don't think it's operating. 25· · · ·Q· · Okay.· Do you know if it's operating today? ·1· · · ·A· · I don't think so. ·2· · · ·Q· · Do -- well, do you know when it stopped ·3· ·operating? ·4· · · ·A· · No. ·5· · · ·Q· · Okay.· How many cameras in the produce area ·6· ·was operating on May 2nd, 2017?· Based on your ·7· ·experience. ·8· · · ·A· · I -- I can't -- I don't recall how many was ·9· ·working that day. 10· · · ·Q· · Okay.· Has any camera -- have you repaired 11· ·any camera in the produce area since May 2nd, 2017? 12· · · ·A· · I don't think so. 13· · · ·Q· · Okay.· And so how many cameras in the 14· ·produce room has been operating since May 2nd, 2017? 15· · · ·A· · I don't remember. 16· · · ·Q· · You don't -- you don't know how many cameras 17· ·are in the produce area? 18· · · ·A· · I -- I told you how -- I don't know how many 19· ·cameras are in the produce room, so I don't know how 20· ·many cameras are operating. 21· · · ·Q· · Okay. 22· · · ·A· · I don't remember. 23· · · ·Q· · Okay.· As you know, there's only about 24· ·three, three to four cameras in the produce room, 25· ·right? ·1· · · ·A· · But there's many -- multiple cameras around ·2· ·the store. ·3· · · ·Q· · I understand.· We're just talking about the ·4· ·produce room. ·5· · · ·A· · I know.· But so there's -- when there's -- ·6· ·I -- I -- even though -- I know this one right here ·7· ·is working to capture, you know, like -- there's -- ·8· ·there's one that's working for sure. ·9· · · ·Q· · Okay.· So inviting your attention to 10· ·Exhibit 24, Page 13.· Do you see that? 11· · · ·A· · Uh-huh. 12· · · ·Q· · Inviting -- okay.· Do you see where that 13· ·green paint is, there's some Chinese characters.· Do 14· ·you see that? 15· · · ·A· · Uh-huh. 16· · · ·Q· · Do you see that little red ball hanging from 17· ·the ceiling? 18· · · ·A· · Uh-huh. 19· · · ·Q· · Do you see a camera there? 20· · · ·A· · Uh-huh. 21· · · ·Q· · Okay.· Could you circle that camera for us, 22· ·please? 23· · · ·A· · (Witness complies.) 24· · · ·Q· · Okay.· And so let me ask you this. 25· · · · · · Are you paying attention to my questions? ·1· · · ·A· · Yes. ·2· · · ·Q· · It's important that you understand my ·3· ·questions.· Okay? ·4· · · ·A· · Uh-huh. ·5· · · ·Q· · And so did you inspect that camera on ·6· ·Exhibit 24, Page 13 after Cuc Le fell? ·7· · · ·A· · I -- I -- I can't tell you if it's a working ·8· ·camera.· I -- I can't tell you if it's a working ·9· ·camera.· But I -- I -- what I did was I examined the 10· ·cameras that really have the best view. 11· · · ·Q· · Let me ask you -- I'm just asking you about 12· ·one question.· Okay?· One camera at a time. 13· · · · · · Did you look at the surveillance video from 14· ·the camera that you just circled on Exhibit 24, 15· ·Page 13 after Cuc Le fell? 16· · · · · · MR. HOY:· Objection.· Calls for speculation 17· ·that the camera was working or not. 18· · · · · · THE WITNESS:· No, I can't remember if -- if 19· ·this is a working camera or not. 20· ·BY MR. NAKASE: 21· · · ·Q· · Okay.· And is that camera operating today? 22· · · ·A· · I don't know. 23· · · ·Q· · Okay.· Has that camera ever broken from May 24· ·2nd, 2017, to present? 25· · · ·A· · I don't know if it's a working camera. I ·1· ·have to look at it again.· I don't know if it's a ·2· ·working camera.· There are some that are -- you know, ·3· ·I don't know if it's a working camera. ·4· · · ·Q· · Okay.· Did you look -- did you look to see ·5· ·if there was a surveillance video from that camera on ·6· ·Exhibit 24, Page 13 -- ·7· · · ·A· · Before I came -- ·8· · · ·Q· · -- after Cuc Le fell? ·9· · · ·A· · Before I came here? 10· · · ·Q· · After Cuc Le fell. 11· · · ·A· · Oh.· I looked at the camera, but I just 12· ·can't pinpoint which camera was which. 13· · · ·Q· · Okay.· How many cameras did you look at? 14· ·How many videos from how many cameras did you look 15· ·at? 16· · · ·A· · I -- I can't recall how many cameras. 17· · · ·Q· · Can you remember if it was one video that 18· ·you were examining after Cuc Le fell? 19· · · ·A· · I -- I did look at one -- for sure one of 20· ·the cameras. 21· · · ·Q· · Did you look to see if there was -- did you 22· ·look at a second video after Cuc Le fell? 23· · · ·A· · I think I did, but I think what I -- 24· · · ·Q· · Okay. 25· · · ·A· · That's the best one, I -- ·1· · · ·Q· · All right.· So you only look at -- so as far ·2· ·as you can remember, you only looked at one camera ·3· ·after Cuc Le fell; is that correct? ·4· · · ·A· · No.· I looked.· But I -- I checked the ·5· ·cameras.· But I don't know which one I've checked, ·6· ·which one is working. ·7· · · ·Q· · Uh-huh. ·8· · · ·A· · Or -- but I'm -- I don't know how many ·9· ·cameras were working.· I looked.· I checked.· But I 10· ·know for sure the one I have. 11· · · ·Q· · I understand.· I understand.· I'm not 12· ·looking about the one that you have.· I'm just asking 13· ·you did you look at more than one surveillance video 14· ·after Cuc Le fell? 15· · · ·A· · I looked at the produce cameras.· I looked 16· ·at them. 17· · · ·Q· · Okay.· How many did you -- how many videos 18· ·did you look at? 19· · · ·A· · And I told you, I don't remember. 20· · · ·Q· · Okay.· Did you look at more than two? 21· · · ·A· · I looked -- I checked them out, but I don't 22· ·remember how many cameras I looked at. 23· · · ·Q· · Okay.· Did you look at three videos after 24· ·Cuc Le fell? 25· · · ·A· · I looked at many videos, but I don't know ·1· ·how many cameras that I looked at. ·2· · · ·Q· · When you say "many," what do you -- what are ·3· ·you talking about? ·4· · · ·A· · Well, when you -- when you pop up a -- ·5· ·there's many popping up on the screen.· So you see ·6· ·many, you know -- ·7· · · ·Q· · I understand. ·8· · · ·A· · It's like a split screen, but I don't ·9· ·remember how many cameras I looked at at that time 10· ·after Cuc Le had fell. 11· · · ·Q· · There's only three cameras in the produce 12· ·room; is that right? 13· · · ·A· · I can't remember how many. 14· · · ·Q· · Okay.· How many cameras do you know is in -- 15· ·was in the produce room on May 2nd, 2017? 16· · · ·A· · I told you I don't know how many.· I have to 17· ·go -- I have to open it up and look at it again. 18· · · ·Q· · Okay. 19· · · ·A· · But I just can't remember.· I didn't 20· ·count -- 21· · · ·Q· · Okay. 22· · · ·A· · -- how many. 23· · · ·Q· · Okay.· And you don't know if the camera that 24· ·you circled in Exhibit 24, Page 13 -- 25· · · ·A· · Uh-huh. ·1· · · ·Q· · -- has ever worked; is that correct? ·2· · · · · · MR. HOY:· Misstates testimony. ·3· · · · · · THE WITNESS:· I don't know if it worked on ·4· ·the day of May 2nd. ·5· ·BY MR. NAKASE: ·6· · · ·Q· · Do you know if it has ever worked since May ·7· ·2nd to present, May 2nd, 2017, to present? ·8· · · ·A· · I -- I can't remember.· I can't recall. I ·9· ·have to look at the camera. 10· · · ·Q· · Okay.· That's fine.· Inviting your attention 11· ·to Exhibit 24, Page 16.· Do you recognize this 12· ·photograph? 13· · · ·A· · Yes. 14· · · ·Q· · And how do you recognize this photograph? 15· · · ·A· · It's in our produce area. 16· · · ·Q· · Okay.· And does this photograph fairly 17· ·depict the condition of all the fixtures in your 18· ·store today? 19· · · ·A· · Yes. 20· · · ·Q· · Does this photograph, Exhibit 24, Page 16, 21· ·accurately depict all the shelves in your store 22· ·today? 23· · · ·A· · Yes. 24· · · ·Q· · Okay.· And does Exhibit 24, Page 16, 25· ·accurately -- accurately depict the -- the fridge ·1· ·stands in your store today? ·2· · · ·A· · Yes. ·3· · · ·Q· · And does Exhibit 24, Page 16, accurately ·4· ·reflect the fruit stand which is on the left-hand ·5· ·side?· Do you see that? ·6· · · ·A· · Uh-huh.· Yes. ·7· · · ·Q· · Is that "yes"? ·8· · · ·A· · Yes. ·9· · · ·Q· · And that it -- and it accurately depicts 10· ·the -- the fruit stand? 11· · · ·A· · Yes. 12· · · ·Q· · As of today? 13· · · ·A· · Yes. 14· · · ·Q· · Okay.· And do you recognize that there's a 15· ·pole on the top left, white pole?· Do you see that? 16· · · ·A· · Yes. 17· · · ·Q· · Okay.· And that is -- that is the same pole 18· ·where that wood box that Chuc Le -- Cuc Le tripped 19· ·and fell; is that correct? 20· · · ·A· · Yes. 21· · · ·Q· · Okay.· And that wood box was right there at 22· ·that pole on May 2nd, 2017; is that correct? 23· · · ·A· · I'm -- I'm sorry.· I didn't hear. 24· · · ·Q· · May 2nd, 2017. 25· · · ·A· · That pole was there? ·1· · · ·Q· · Yes. ·2· · · ·A· · Yes. ·3· · · ·Q· · And the wood box that Cuc Le tripped over ·4· ·was there on May 2nd, 2017; is that correct? ·5· · · · · · MR. HOY:· That assumes facts not in ·6· ·evidence. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · Is that correct? ·9· · · ·A· · If that -- 10· · · · · · MR. HOY:· Well, hold on.· You need to listen 11· ·to the question.· Because the question said -- it 12· ·made a conclusion that Cuc Le tripped on the box. 13· · · · · · That's never been testified to here.· And I 14· ·don't want her to agree with something where you're 15· ·trying to lead her into a statement that is not 16· ·fact-based, but it's just agreeing with your 17· ·misleading question. 18· ·BY MR. NAKASE: 19· · · ·Q· · Do you understand the question? 20· · · ·A· · I just agree to that that pole was there. 21· · · ·Q· · Okay.· And the -- and the wood box that we 22· ·talked about earlier -- 23· · · ·A· · Uh-huh. 24· · · ·Q· · -- okay.· That was located right where that 25· ·pole is -- is -- is located at; is that correct? ·1· · · ·A· · So the pole was there on the day -- ·2· · · ·Q· · Yes. ·3· · · ·A· · The -- the platform was there on that day. ·4· · · ·Q· · Okay.· And that platform is located right ·5· ·there where that white pole is on the top left ·6· ·corner; is that correct? ·7· · · ·A· · Correct. ·8· · · ·Q· · Okay.· Could you circle -- could you put an ·9· ·arrow pointing to that pole, please? 10· · · ·A· · (Witness complies.) 11· · · ·Q· · Okay.· Could you put an arrow pointing to 12· ·where the -- the wood box was located at -- on the 13· ·floor.· Okay.· On the floor.· Sideways.· Pointing 14· ·sideways. 15· · · ·A· · (Witness complies.) 16· · · ·Q· · Okay.· And so that wood box that you just -- 17· ·could you put a -- put a letter where -- the last 18· ·arrow that you drew pointing to the wood -- the wood 19· ·box on the floor, please.· Put a letter. 20· · · ·A· · What -- what letter? 21· · · ·Q· · Put "B" for box. 22· · · ·A· · So that arrow -- 23· · · ·Q· · Yeah, just put a -- put a -- put "box" right 24· ·next to that arrow so we know that you're pointing at 25· ·a box. ·1· · · ·A· · But it wasn't a box. ·2· · · ·Q· · Call it whatever you want. ·3· · · · · · MR. HOY:· Write a "P." ·4· ·BY MR. NAKASE: ·5· · · ·Q· · Write whatever you want.· Okay.· Write out ·6· ·the whole word.· You call it a platform, write a ·7· ·"platform." ·8· · · ·A· · (Witness complies.) ·9· · · ·Q· · Okay.· And so that wood box or wood 10· ·platform, can you see it from this direction when 11· ·you're -- when -- when -- when you're walking down 12· ·this aisle? 13· · · · · · MR. HOY:· Calls -- calls for speculation. 14· ·Incom- -- incomplete hypothetical. 15· · · · · · THE WITNESS:· I can't tell you because that 16· ·box is not -- the platform is not there. 17· ·BY MR. NAKASE: 18· · · ·Q· · Okay.· Do you know if you can see that wood 19· ·box if you were to walk down this aisle on May 2nd, 20· ·2017? 21· · · ·A· · Are you on that -- 22· · · ·Q· · Exhibit 24, Page 16. 23· · · ·A· · I -- I can't tell you -- I mean, I -- I'm 24· ·looking at an angle that I can't tell you. 25· · · ·Q· · I agree with you. ·1· · · ·A· · I mean, like -- ·2· · · · · · MR. HOY:· You don't think you could see -- ·3· · · · · · (Indecipherable crosstalk) ·4· · · · · · THE WITNESS:· I could see, but he's asking ·5· ·me -- he's asking without that thing there right now. ·6· · · · · · MR. HOY:· Well, true.· So the thing is, make ·7· ·sure your answer is complete. ·8· · · · · · I mean, yes, you may agree, Brad, but I ·9· ·don't remember. 10· · · · · · MR. NAKASE:· Okay. 11· · · · · · MR. HOY:· I mean, I think it's a -- all 12· ·right. 13· · · · · · THE WITNESS:· You're asking me what's -- 14· · · · · · MR. NAKASE:· What were you going to say, 15· ·Scott? 16· · · · · · MR. HOY:· I think it's basically -- it's a 17· ·very good question to get an answer that is an 18· ·unknown, number one. 19· · · · · · And number two, it is -- it's -- I mean, 20· ·that platform has a painted base, and that painted 21· ·base may very well have appeared there. 22· · · · · · But it's completely hypothetical and 23· ·speculative.· And -- and so -- I mean, this is -- I 24· ·mean, I know that you're not supposed to instruct not 25· ·to answer on speculation, but that's getting up ·1· ·there. ·2· · · · · · THE WITNESS:· I mean, because you're ·3· ·asking -- ·4· ·BY MR. NAKASE: ·5· · · ·Q· · Do you adopt everything that your counsel ·6· ·just said? ·7· · · ·A· · Yes. ·8· · · ·Q· · Okay.· And you see -- ·9· · · · · · MR. HOY:· And you don't have to adopt it 10· ·either, by the way.· Just -- just answer truthfully. 11· ·BY MR. NAKASE: 12· · · ·Q· · And do you see that -- do you see that 13· ·there's a surveillance video on the top left corner 14· ·of Exhibit 24, Page 16? 15· · · ·A· · That's the same one that you're asking me 16· ·earlier. 17· · · ·Q· · Okay.· And you don't know if that 18· ·surveillance camera has been working since May 2nd, 19· ·2017, to present; is that correct? 20· · · ·A· · I -- I told you, I'm not -- I -- I don't 21· ·know.· I have to look whether it's -- if it's working 22· ·or not.· I can't tell you.· Because that's the same 23· ·one -- 24· · · ·Q· · Okay. 25· · · ·A· · -- that you asked me from over here. ·1· · · ·Q· · Okay.· And so that's two surveillance ·2· ·cameras that you don't know that's working; is that ·3· ·correct? ·4· · · ·A· · Right there.· It's the same one as this one. ·5· · · ·Q· · So that's two surveillance cameras; is that ·6· ·correct? ·7· · · ·A· · That's one surveillance camera right there. ·8· ·That's the same one. ·9· · · ·Q· · Okay.· Inviting your attention to Exhibit 10· ·24, Page 11.· Do you recognize Exhibit 24, Page 11? 11· · · ·A· · Yes. 12· · · ·Q· · Okay.· How do you recognize the photograph? 13· · · ·A· · It's still the produce area. 14· · · ·Q· · Okay.· It's in the -- the produce room; is 15· ·that right? 16· · · ·A· · Uh-huh. 17· · · ·Q· · And does the -- and do you see that there's 18· ·a surveillance video camera right in the center of 19· ·the photograph? 20· · · ·A· · Uh-huh. 21· · · ·Q· · Could you circle that, please. 22· · · ·A· · (Witness complies.) 23· · · ·Q· · Did you look at that surveillance video from 24· ·that camera on May 2nd, 2017, after Cuc Le fell? 25· · · ·A· · I may have. ·1· · · ·Q· · Okay.· But you don't remember? ·2· · · ·A· · I may -- I can't tell -- by looking at the ·3· ·camera, I can't tell whether which camera is which. ·4· · · ·Q· · Okay.· And where is this video surveillance ·5· ·camera pointing at? ·6· · · ·A· · I -- it may point that way.· I don't know. ·7· · · ·Q· · Which way? ·8· · · ·A· · The -- that way. ·9· · · ·Q· · Toward where Cuc Le fell? 10· · · ·A· · No. 11· · · ·Q· · Away from Cuc Le? 12· · · ·A· · Uh-huh. 13· · · ·Q· · Where Cuc Le fell? 14· · · ·A· · Uh-huh. 15· · · ·Q· · Okay.· And do you know if it was working on 16· ·May 2nd, 2017? 17· · · ·A· · I -- I -- I can't -- I -- I don't know. 18· · · ·Q· · Do you know if that surveillance camera 19· ·on -- on Exhibit 24, Page 11, has operated since May 20· ·2nd, 2017? 21· · · ·A· · I have to -- I told you I have to -- the -- 22· ·the -- on the -- on the -- on the thing it doesn't 23· ·mark which camera is which.· It -- it doesn't -- it 24· ·doesn't say this is Camera 1, Camera 2.· I have to 25· ·open up the camera -- the computer, like go and open ·1· ·it and take a look at it.· I can't -- ·2· · · ·Q· · Okay.· Inviting your attention to ·3· ·Exhibit 24, Page 12.· Do you recognize the ·4· ·photograph? ·5· · · ·A· · Uh-huh. ·6· · · ·Q· · And how do you recognize the photograph? ·7· · · ·A· · It's in the produce area. ·8· · · ·Q· · Okay.· And do you see that there's a video ·9· ·camera, surveillance camera right in the center of 10· ·the photograph? 11· · · ·A· · Uh-huh. 12· · · ·Q· · Okay.· Do you know where that camera is 13· ·located at in the store?· Do you know if that camera 14· ·was -- was operating on May 2nd, 2017? 15· · · ·A· · Uh-huh. 16· · · ·Q· · How do you know? 17· · · ·A· · Because it's -- it's -- it's shooting away 18· ·from -- 19· · · ·Q· · Okay. 20· · · ·A· · It wasn't shooting -- 21· · · ·Q· · It wasn't what? 22· · · ·A· · It was -- it wasn't -- it was shooting in a 23· ·different direction. 24· · · ·Q· · Okay.· So you knew on -- that that camera on 25· ·Exhibit 24, Page 12, was operating on May 2nd, 2017; ·1· ·is that correct? ·2· · · ·A· · Uh-huh. ·3· · · ·Q· · Yes? ·4· · · ·A· · Yes. ·5· · · ·Q· · Okay.· And how do you know that it was ·6· ·operating on May -- May 2nd, 2017? ·7· · · ·A· · Do you have a better picture of that angle? ·8· ·Actually, I can't -- okay.· I have to look at the ·9· ·cameras.· Okay? 10· · · ·Q· · Have we looked at all the surveillance 11· ·cameras in the produce room? 12· · · ·A· · Have we? 13· · · ·Q· · Yes. 14· · · · · · MR. HOY:· Have they all been shown in 15· ·photographs so far? 16· · · · · · THE WITNESS:· I think so. 17· ·BY MR. NAKASE: 18· · · ·Q· · Okay.· Let's move on. 19· · · · · · The -- did you produce the surveillance 20· ·video capturing Cuc Le's fall in this case? 21· · · ·A· · Did I produce a video? 22· · · ·Q· · Yes. 23· · · · · · MR. HOY:· I -- do you understand what he 24· ·means by "produce"?· I -- I think he means by turning 25· ·it over to somebody, not to make it. ·1· · · · · · How do you mean?· I don't know what you ·2· ·mean. ·3· · · · · · MR. NAKASE:· Okay. ·4· ·BY MR. NAKASE: ·5· · · ·Q· · Did you obtain the surveillance video on ·6· ·your computer and give it to somebody for this case? ·7· · · ·A· · Did I -- did I -- okay.· Did I save the ·8· ·video into a thumb drive and then give it to someone? ·9· · · ·Q· · Yes. 10· · · ·A· · Well, it went with my report. 11· · · ·Q· · What's your report? 12· · · · · · MR. HOY:· "With your report," you said? 13· · · · · · THE WITNESS:· Yes. 14· · · · · · MR. HOY:· Okay. 15· ·BY MR. NAKASE: 16· · · ·Q· · Okay.· What report is that? 17· · · ·A· · That report was -- of the day that Cuc Kim 18· ·Lee -- 19· · · ·Q· · Oh, okay.· So that report that -- for the 20· ·insurance company? 21· · · ·A· · Yes. 22· · · ·Q· · Okay.· And when did you extract that 23· ·video -- when did you extract that video to provide 24· ·to the insurance company? 25· · · ·A· · It may have been that day. ·1· · · ·Q· · That day? ·2· · · ·A· · Uh-huh. ·3· · · ·Q· · Okay.· And how did you extract the video ·4· ·from the computer? ·5· · · ·A· · I went in the playback, played back the ·6· ·video, and then I had to cut. ·7· · · ·Q· · Cut what? ·8· · · ·A· · Like hit "Cut" and "Stop" or -- like stop -- ·9· ·start recording and then stop recording. 10· · · ·Q· · Okay. 11· · · ·A· · And then save it to the thumb drive. 12· · · ·Q· · Okay.· And how many times did you -- how 13· ·many clips did you save?· Did you save one clip or 14· ·two clips or three clips? 15· · · ·A· · I think it was -- I think it was two -- two 16· ·clips. 17· · · ·Q· · And why did you save two clips? 18· · · ·A· · Because I was -- okay.· So I started it and 19· ·then I was afraid -- I kept it rolling.· And I 20· ·started -- I wasn't sure how -- how much time before 21· ·Cuc Le fell, but I started before -- before she -- 22· ·she fell. 23· · · ·Q· · Okay. 24· · · ·A· · And then I started rolling.· And then I -- 25· ·it was rolling.· And in the background I'm doing some ·1· ·stuff.· And I'm like wait, I have to stop the clip ·2· ·because if it's too long, I'm afraid it won't fit in ·3· ·one USB stick. ·4· · · ·Q· · Okay. ·5· · · ·A· · So then I -- and then I stopped and then I ·6· ·continued on to finish the next -- and after Cuc Le ·7· ·had left. ·8· · · ·Q· · Okay.· And the USB stick that you were ·9· ·using, what brand was it? 10· · · ·A· · I -- 11· · · ·Q· · That's fine.· How many gigabytes was the USB 12· ·stick that you inserted -- you saved the videos onto? 13· · · · · · MR. HOY:· If you know. 14· · · · · · THE WITNESS:· I don't know.· I don't know. 15· ·BY MR. NAKASE: 16· · · ·Q· · Where did you get that USB stick? 17· · · ·A· · I can't remember where I got it. 18· · · ·Q· · Do you remember how many gigabyte the USB 19· ·stick was? 20· · · ·A· · No, I don't remember. 21· · · ·Q· · Who did you give that USB stick to? 22· · · ·A· · With the report that was turned in to the 23· ·insurance. 24· · · ·Q· · Okay.· Did you send the USB stick to the 25· ·insurance company? ·1· · · ·A· · What did I do? ·2· · · ·Q· · You do remember providing that USB stick ·3· ·with the surveillance video to the insurance company ·4· ·Argonaut [sic], correct? ·5· · · ·A· · What did I do with that?· No, I can't ·6· ·remember how I sent it. ·7· · · ·Q· · Did you send it by mail? ·8· · · ·A· · No, I don't remember.· I -- I -- I -- I ·9· ·didn't know -- 10· · · ·Q· · Did you provide the -- 11· · · ·A· · -- how to remember. 12· · · ·Q· · -- USB stick to somebody else in your 13· ·company? 14· · · ·A· · I -- I can't recall. 15· · · ·Q· · Okay.· And who asked you to send the USB 16· ·stick with the surveillance videos to the insurance 17· ·company, Argonauts [sic]? 18· · · ·A· · Who asked me?· I don't -- 19· · · ·Q· · Yes. 20· · · ·A· · That's just -- once -- when someone -- if 21· ·there's -- we file a report, we just have to send it. 22· · · ·Q· · Okay.· When you save the videos to the USB 23· ·stick, did you check the video that you saved? 24· · · ·A· · I didn't turn it on to watch it.· I just saw 25· ·that it was on the USB stick. ·1· · · ·Q· · Okay.· And when you saved the first video, ·2· ·you knew where it was going to start; yes? ·3· · · ·A· · When I -- when I saved the first video, ·4· ·it -- it started. ·5· · · ·Q· · Okay. ·6· · · ·A· · I can't remember -- I don't remember where ·7· ·I -- it started, if it was ten minutes or the time ·8· ·frame.· I don't know. ·9· · · ·Q· · That's fine.· And you made a decision where 10· ·to stop, correct? 11· · · ·A· · I -- and then -- and then -- I -- I stopped 12· ·because I was like, oh, my gosh, it's been rolling 13· ·for a while.· I should stop it and then I just hit 14· ·"Stop." 15· · · ·Q· · Okay.· And then it stops rolling, correct? 16· · · · · · MR. HOY:· Objection.· Ambiguous as to what 17· ·stops rolling? 18· ·BY MR. NAKASE: 19· · · ·Q· · What did you mean when you say it stops 20· ·rolling? 21· · · ·A· · I -- I just hit -- okay.· I didn't hit. I 22· ·just kind of -- I hit some -- a button and then it 23· ·asked me if I wanted to save it and I said yes. 24· · · ·Q· · Okay.· And did you save it? 25· · · ·A· · Yes. ·1· · · ·Q· · Okay.· And then what did you do next? ·2· · · ·A· · I couldn't -- I didn't -- just continued ·3· ·watching it. ·4· · · ·Q· · Okay.· And did you -- did you start -- did ·5· ·you start the second clip? ·6· · · ·A· · It -- it was rolling, so I just hit "Start." ·7· · · ·Q· · It was rolling, so you -- you hit "Start"? ·8· · · ·A· · Yes. ·9· · · ·Q· · Okay.· And from the time that you pushed 10· ·"Stop" on the first clip to the time that you pushed 11· ·"Start" again for the second clip, how many minutes 12· ·transpired?· Give us your best estimate. 13· · · ·A· · I don't know how because depending on how 14· ·big the file is.· If it's -- the computer takes for 15· ·it to finish extracting the video and dropping it 16· ·into the -- to the -- the USB stick.· So I don't know 17· ·how long. 18· · · ·Q· · Did you ensure that the second clip -- did 19· ·you ensure the second clip started where the first 20· ·clip ended? 21· · · ·A· · No. 22· · · ·Q· · Why not? 23· · · ·A· · Because I just thought that it was going to 24· ·catch it.· But it -- I don't -- I -- I didn't go back 25· ·to look at the video.· I just -- ·1· · · ·Q· · And you didn't think it was important for ·2· ·you to ensure that the clip -- the second clip ·3· ·started where the first one ended? ·4· · · ·A· · I just thought that it was -- it started ·5· ·where it ended. ·6· · · ·Q· · Okay. ·7· · · ·A· · So I just continued onto -- ·8· · · ·Q· · What makes you think that? ·9· · · ·A· · I didn't -- I don't know. 10· · · ·Q· · Didn't you think it was important for you to 11· ·start the second clip where the first one ended? 12· · · ·A· · And that's why I thought it had -- I -- I 13· ·that's why I thought it had started where it had 14· ·ended. 15· · · ·Q· · Okay.· You made a decision when the second 16· ·clip start; is that correct? 17· · · ·A· · No. 18· · · ·Q· · No? 19· · · ·A· · It just -- I had saved it into the USB 20· ·stick.· And then I went in and I just hit -- it -- I 21· ·thought it -- I just -- just hit the -- the start 22· ·again. 23· · · ·Q· · Okay. 24· · · ·A· · Thinking that it was continuing from the 25· ·stop of the first video. ·1· · · ·Q· · Okay.· And did you end the second clip? ·2· · · ·A· · I'm sorry? ·3· · · ·Q· · Did you end the second clip? ·4· · · ·A· · Yes. ·5· · · ·Q· · And you made a decision to end the second ·6· ·clip when -- where it did, correct? ·7· · · ·A· · Yes. ·8· · · ·Q· · And why did you make a decision to end that ·9· ·second clip where you did? 10· · · ·A· · Because there was -- it was a while after 11· ·Cuc had -- Cuc Le had left, and I was afraid it was 12· ·going to be too big again. 13· · · ·Q· · Okay.· Well, the second clip that I saw 14· ·didn't have Cuc Le leaving the premises.· Can you 15· ·explain why? 16· · · ·A· · No. 17· · · ·Q· · No? 18· · · ·A· · I don't -- I don't know.· I didn't -- 19· · · ·Q· · Okay. 20· · · · · · MR. NAKASE:· Can we take a two-minute break? 21· · · · · · MR. HOY:· Sure. 22· · · · · · THE VIDEOGRAPHER:· Going off the record. 23· ·The time is 4:53 p.m. 24· · · · · · (Recess) 25· · · · · · THE VIDEOGRAPHER:· Back on the record.· The ·1· ·time is 4:57 p.m. ·2· ·BY MR. NAKASE: ·3· · · ·Q· · Okay.· Ms. Wong, I'm going to invite your ·4· ·attention to Exhibit 41, Part 1.· And it's a video. ·5· ·Do you recognize the video? ·6· · · ·A· · Uh-huh. ·7· · · · · · (Exhibit 41 marked) ·8· ·BY MR. NAKASE: ·9· · · ·Q· · And how do you recognize the video? 10· · · ·A· · It's the store. 11· · · ·Q· · Okay.· And where is that -- and where is the 12· ·video pointing at? 13· · · ·A· · The -- the apples. 14· · · ·Q· · The produce room? 15· · · ·A· · Yes. 16· · · ·Q· · Is that the produce room? 17· · · ·A· · Yes. 18· · · ·Q· · That we're looking at? 19· · · ·A· · Yes. 20· · · ·Q· · Okay.· And do you see that the video start 21· ·at 12:32; is that correct? 22· · · ·A· · Uh-huh. 23· · · ·Q· · Did you make a decision to start the video 24· ·at 12:32 p.m. on May 2nd, 2017? 25· · · ·A· · I just clipped it at any time. ·1· · · ·Q· · Okay.· So you made that decision? ·2· · · ·A· · Yes. ·3· · · ·Q· · Okay.· And as we fast-forward, the video ·4· ·ends at 12:43 and 30 seconds; is that correct? ·5· · · ·A· · Yes. ·6· · · ·Q· · Okay.· And if we rewind the video, we -- can ·7· ·you see on the top left corner, there's somebody that ·8· ·fell? ·9· · · ·A· · Yes. 10· · · ·Q· · Okay.· Do you recognize who fell? 11· · · ·A· · Cuc Le. 12· · · ·Q· · Okay.· And Cuc Le fell at -- Cuc Le enters 13· ·the video at about 12:41 and 21 seconds; is that 14· ·correct? 15· · · ·A· · I don't see her yet. 16· · · ·Q· · Okay.· 12:41 and 23 seconds, do you see her 17· ·now? 18· · · ·A· · I see her shopping -- okay. 19· · · ·Q· · Okay.· Do you see her shopping cart? 20· · · ·A· · Yes. 21· · · ·Q· · Okay.· And do you see Cuc Le now at 12:41 22· ·and 26 seconds? 23· · · ·A· · No. 24· · · ·Q· · Do you see Cuc Le now at 12:41 and 28 25· ·seconds? ·1· · · ·A· · Yes. ·2· · · ·Q· · Is that a "yes"? ·3· · · ·A· · Yes. ·4· · · ·Q· · Okay.· And do you see -- at 12:41 and 29 ·5· ·seconds, what do you see? ·6· · · ·A· · I see her. ·7· · · ·Q· · You see who? ·8· · · ·A· · Cuc Le. ·9· · · ·Q· · Okay.· At 12:41 and 30 seconds, what do you 10· ·see? 11· · · ·A· · Her on the floor, Cuc Le. 12· · · ·Q· · Cuc Le on the floor? 13· · · ·A· · Floor. 14· · · ·Q· · Okay.· You see that between 12:41 and 29 15· ·seconds and 12:41 and 30 seconds, Cuc Le tripped and 16· ·fell; is that correct? 17· · · · · · MR. HOY:· Objection.· Calls for speculation. 18· ·BY MR. NAKASE: 19· · · ·Q· · Is that correct? 20· · · ·A· · I'm sorry.· What was that -- what was your 21· ·question again? 22· · · ·Q· · You see that -- 23· · · ·A· · I saw -- I see Cuc Le down on the floor 24· ·here. 25· · · ·Q· · Yeah.· And you saw that she tripped and fell ·1· ·between 12:41 and 29 seconds and 12:41 and 30 ·2· ·seconds, correct? ·3· · · ·A· · I saw her fall, but I don't know if it was a ·4· ·trip or not. ·5· · · ·Q· · Okay.· And so I'm inviting your attention to ·6· ·Exhibit 41, Part 2.· And the video begins at 12:52 ·7· ·and 55 seconds p.m.; is that correct? ·8· · · ·A· · Uh-huh.· Yes. ·9· · · ·Q· · Yes? 10· · · ·A· · Yes. 11· · · ·Q· · Okay.· And you can see that at 12:57 and 12· ·46 -- strike that. 13· · · · · · And you can see that at 12:57 and 46 seconds 14· ·p.m., paramedics start arriving on the left side of 15· ·the frame, correct? 16· · · ·A· · Uh-huh. 17· · · ·Q· · Yes? 18· · · ·A· · Yes. 19· · · ·Q· · Okay.· And the paramedics, as you can see, 20· ·was tending to Cuc Le through 1:00 p.m. -- 1 -- 1:03 21· ·p.m. and 56 seconds; is that correct? 22· · · ·A· · It says that, yes, 1:03. 23· · · ·Q· · Okay.· And you ended the video at 1:03 p.m. 24· ·and 56 seconds; is that correct? 25· · · ·A· · Yes. ·1· · · ·Q· · Okay.· And so why didn't you record the ten ·2· ·minutes in between Clip 1 and Clip 2? ·3· · · · · · MR. HOY:· Asked and answered. ·4· · · · · · THE WITNESS:· The ten minutes in between? ·5· ·BY MR. NAKASE: ·6· · · ·Q· · Yes. ·7· · · ·A· · Because I told you I thought it was -- it ·8· ·caught -- I thought it -- it was -- I didn't know. ·9· ·I -- I told you that I was afraid that it was too 10· ·big, and then I -- I stopped.· And I -- I clicked 11· ·"Save," but I thought it had stopped, but it kept 12· ·rolling. 13· · · ·Q· · And you didn't make sure to check to see? 14· · · ·A· · No. 15· · · ·Q· · Okay.· Why didn't you make sure to check to 16· ·see if you captured everything? 17· · · ·A· · Because I thought I had captured. 18· · · ·Q· · Okay.· And what makes you -- what makes you 19· ·decide to end the second clip at 1:03 p.m. and 56 20· ·seconds? 21· · · ·A· · I don't remember. 22· · · ·Q· · You don't remember? 23· · · ·A· · Yeah. 24· · · ·Q· · Did you not think it was important to show 25· ·the entire time the paramedics was there until they ·1· ·carried Cuc Le out of the produce room? ·2· · · ·A· · I don't remember. ·3· · · ·Q· · You didn't think that was important? ·4· · · ·A· · I don't remember why I stopped it. ·5· · · ·Q· · Okay. ·6· · · ·A· · I don't remember. ·7· · · ·Q· · Did you stop it because you thought it was ·8· ·not important? ·9· · · ·A· · I didn't say it wasn't -- it was not 10· ·important. 11· · · ·Q· · Okay.· And the entire time -- and strike 12· ·that. 13· · · · · · When the paramedic arrived, were you acting 14· ·as the interpreter? 15· · · · · · MR. HOY:· For who?· Vague as to who. 16· · · · · · THE WITNESS:· Interpret for who? 17· ·BY MR. NAKASE: 18· · · ·Q· · Did you act as an interpreter when the 19· ·paramedics arrived? 20· · · ·A· · On -- on behalf of who?· On behalf of Cuc Le 21· ·or what? 22· · · ·Q· · I'm just asking you did you act as an 23· ·interpreter when the paramedics arrived? 24· · · ·A· · The -- the paramedics asked me and I didn't 25· ·translate for Cuc Le. ·1· · · ·Q· · You did not? ·2· · · ·A· · I don't think I did. ·3· · · ·Q· · Okay.· Did anybody -- was anybody else ·4· ·standing with you when the paramedics arrived? ·5· · · ·A· · No, I don't think so. ·6· · · ·Q· · Okay.· Were you the only person that was ·7· ·talking to the paramedics? ·8· · · ·A· · I think so. ·9· · · ·Q· · Okay.· And so you're the only person that 10· ·was interpreting between the paramedics and Cuc Le; 11· ·is that correct? 12· · · ·A· · I wasn't interpreting.· He asked me what 13· ·happened and I just kind of -- I just explained to 14· ·him. 15· · · ·Q· · Okay.· And what did you explain to the 16· ·paramedics? 17· · · ·A· · I don't remember what I explained. 18· · · ·Q· · Did you inform the paramedics that Cuc Le 19· ·tripped and fell? 20· · · ·A· · No, I didn't see her trip and fall, so I 21· ·couldn't say she tripped and fell. 22· · · ·Q· · Okay.· Did you inform the paramedics that 23· ·Cuc Le said that she tripped and fell? 24· · · ·A· · Cuc Le never said to me that she tripped and 25· ·fell. ·1· · · ·Q· · Okay.· You're the only person that was ·2· ·standing with the paramedics when they arrived; yes? ·3· · · ·A· · Yes. ·4· · · ·Q· · And Cuc Le was on the floor, correct? ·5· · · ·A· · Yes. ·6· · · ·Q· · And nobody else was around you guys; is that ·7· ·correct? ·8· · · ·A· · Oh, I don't remember. ·9· · · ·Q· · Okay.· And you never -- you don't recall 10· ·informing the paramedics that Cuc Le tripped and 11· ·fell? 12· · · ·A· · Cuc -- Cuc Le didn't say she tripped and 13· ·fell to me, so I didn't say it. 14· · · ·Q· · Okay.· Fair enough.· We're going to move on. 15· ·Is that okay with you? 16· · · ·A· · Yes. 17· · · ·Q· · Did you -- when you saw Cuc Le on the floor, 18· ·did she say she was in pain? 19· · · · · · MR. HOY:· Asked and answered. 20· · · · · · THE WITNESS:· I don't remember. 21· ·BY MR. NAKASE: 22· · · ·Q· · Did you ask Cuc Le if she was in pain? 23· · · ·A· · I asked her, "Are you okay?" 24· · · ·Q· · Okay.· Did you ask Cuc Le how she tripped? 25· · · ·A· · I asked her, "Are you okay?" ·1· · · ·Q· · Did you ask Cuc Le if she fell? ·2· · · ·A· · I just asked her, "Are you okay?" ·3· · · ·Q· · And did you see Cuc Le crying? ·4· · · · · · MR. HOY:· Asked and answered. ·5· · · · · · THE WITNESS:· I don't remember. ·6· ·BY MR. NAKASE: ·7· · · ·Q· · Did you hear Cuc Le whimpering? ·8· · · ·A· · I don't remember that. ·9· · · ·Q· · Did you see that Cuc Le was obviously in 10· ·pain? 11· · · ·A· · I don't know if she was in pain.· She was 12· ·calling for her son on the phone. 13· · · ·Q· · Did you try to console Cuc Le while she was 14· ·on the floor and you were standing above her? 15· · · ·A· · I asked her, "Are you okay?"· And then I 16· ·asked her, "Do you need anything?"· She didn't 17· ·respond to me, except for, "How bad luck was this." 18· · · ·Q· · Did you tell Cuc Le that you were sorry? 19· · · ·A· · Oh, I don't remember. 20· · · ·Q· · Did you take any photographs of Cuc Le when 21· ·she was on the floor? 22· · · ·A· · No. 23· · · ·Q· · And why not? 24· · · ·A· · Because I was busy thinking of Cuc Le, and I 25· ·didn't think of taking a picture. ·1· · · ·Q· · Did you think it was your responsibility as ·2· ·the store manager to document the area while Cuc Le ·3· ·was on the floor? ·4· · · ·A· · Well, I looked -- I -- but I -- so does ·5· ·making a -- taking a photo -- I -- did I have to take ·6· ·a photo of Cuc Le on the floor? ·7· · · ·Q· · That wasn't my question. ·8· · · · · · Do you think it was important as the store ·9· ·manager to document the area where Cuc Le fell? 10· · · ·A· · I wrote what -- what I did on the report, on 11· ·the -- the fall, on the -- 12· · · ·Q· · That wasn't my question. 13· · · · · · Do you think it was important for you to 14· ·document the area with photographs while Cuc Le was 15· ·on the floor? 16· · · ·A· · At that time, I don't -- I -- I wasn't 17· ·thinking of that.· I was just thinking of Cuc Le. 18· · · ·Q· · While you were standing there and Cuc Le was 19· ·on the floor, did you instruct any employees to 20· ·remove the wood box? 21· · · ·A· · No. 22· · · ·Q· · Why not? 23· · · ·A· · Because I still don't know what happened. 24· · · ·Q· · Okay. 25· · · ·A· · She didn't say she tripped on that wooden ·1· ·box, that platform.· She didn't say anything ·2· ·regarding that. ·3· · · ·Q· · And you were present when the paramedics ·4· ·arrived; is that correct? ·5· · · ·A· · Yes. ·6· · · ·Q· · Okay.· And did you ask Cuc Le any questions ·7· ·when the paramedics arrived? ·8· · · ·A· · Oh, I can't -- I don't remember. ·9· · · ·Q· · Did the paramedic ask you to ask Cuc Le any 10· ·questions? 11· · · ·A· · I -- I -- I don't remember. 12· · · ·Q· · And what happened to Cuc Le's shopping cart 13· ·after she fell? 14· · · · · · MR. HOY:· If you know. 15· · · · · · THE WITNESS:· I don't know what happened. 16· ·I -- I -- 17· ·BY MR. NAKASE: 18· · · ·Q· · Okay. 19· · · ·A· · -- don't know. 20· · · ·Q· · Do you agree that the wood box on the floor 21· ·was not an open and obvious dangerous condition? 22· · · · · · MR. HOY:· Objection.· Calls for a legal 23· ·conclusion and expert opinion.· Vague, ambiguous, 24· ·overbroad, and an incomplete hypothetical. 25· · · · · · THE WITNESS:· Cuc Le never mentioned ·1· ·anything about that. ·2· ·BY MR. NAKASE: ·3· · · ·Q· · Okay.· Do you consider the wood box to be a ·4· ·trip hazard? ·5· · · ·A· · No. ·6· · · · · · MR. HOY:· Asked and answered. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · Do you consider the boxes of pears on top of ·9· ·the wood box a trip hazard? 10· · · · · · MR. HOY:· Asked and answered. 11· · · · · · THE WITNESS:· No. 12· ·BY MR. NAKASE: 13· · · ·Q· · And we're talking about May 2nd, 2017. 14· · · ·A· · May 2nd, 2017, yes. 15· · · ·Q· · Yes.· Do you consider the wood boxes -- the 16· ·wood box with the pear boxes on top a trip hazard? 17· · · ·A· · The platform, if it was a trip hazard? 18· · · ·Q· · Yeah. 19· · · ·A· · I said no. 20· · · ·Q· · Okay.· Was Cuc Le an invitee of -- sorry. 21· · · · · · Cuc Le was legally on your store -- in your 22· ·store on May 2nd, 2017, correct? 23· · · · · · MR. HOY:· Objection.· Calls for a legal 24· ·opinion. 25· · · · · · MR. NAKASE:· Come on, Scott, dude. ·1· · · · · · MR. HOY:· She wasn't -- she didn't break in, ·2· ·but, I mean, I just don't know where you're going ·3· ·with it.· Because this whole legal business, you're ·4· ·asking her to give opinions on legal terms. ·5· ·BY MR. NAKASE: ·6· · · ·Q· · Was Cuc Le in your store on May 2nd ·7· ·lawfully?· Did she trespass? ·8· · · · · · MR. HOY:· Again, calls for a legal ·9· ·conclusion. 10· · · · · · Was she shopping?· If you could establish 11· ·the fact she was shopping, then you could deduce she 12· ·was there legally.· I mean, that seems reasonable. 13· · · · · · MR. NAKASE:· Okay.· That's fine. 14· · · · · · THE WITNESS:· She was there shopping. 15· ·BY MR. NAKASE: 16· · · ·Q· · Okay?· And she was there shop -- Cuc Le was 17· ·there at your store shopping on May 2nd, 2017, 18· ·correct? 19· · · ·A· · Yes. 20· · · ·Q· · Okay.· And you know that because you saw the 21· ·videos; is that correct? 22· · · ·A· · Correct. 23· · · ·Q· · And you know that because you saw that 24· ·there's food in -- there's food inside Cuc Le's 25· ·shopping cart; is that correct? ·1· · · ·A· · Yes. ·2· · · ·Q· · Okay.· And you wanted Cuc Le to come into ·3· ·your store to buy product on May 2nd, 2017, correct? ·4· · · · · · MR. HOY:· Objection.· Vague.· Speculation as ·5· ·to her intention, or Cuc Le's, to appear on that day. ·6· · · · · · But you do want shoppers to go there. I ·7· ·think that's what he wants to -- ·8· · · · · · THE WITNESS:· But I want -- I -- I want ·9· ·shoppers.· But if you're saying if I want Cuc Le, I 10· ·don't know Cuc Le. 11· ·BY MR. NAKASE: 12· · · ·Q· · That's right.· I'm just asking, Cuc Le, as a 13· ·shopper, on May 2nd, 2017, you wanted Cuc Le to be 14· ·inside the store to buy products? 15· · · ·A· · I wanted shoppers. 16· · · ·Q· · Okay.· And it didn't matter if it was Cuc Le 17· ·or anybody; is that right? 18· · · ·A· · It's open for shoppers, so -- 19· · · ·Q· · Okay.· And Cuc Le, as far as you know, 20· ·didn't do anything unlawful inside of the store; is 21· ·that correct? 22· · · ·A· · Anything unlawful? 23· · · ·Q· · Unlawful, meaning to steal, theft, you know. 24· · · ·A· · I don't -- I don't assume them coming in to 25· ·steal, so she's stopping. ·1· · · ·Q· · Okay.· After Cuc Le left, did you make an ·2· ·investigation? ·3· · · ·A· · I asked if anyone saw anything, and no one ·4· ·said they saw anything. ·5· · · ·Q· · Okay.· After you put the two videos in the ·6· ·thumb drive -- ·7· · · ·A· · Uh-huh. ·8· · · ·Q· · -- did you ensure that you kept a copy of ·9· ·the video on your computer? 10· · · ·A· · No, I don't -- 11· · · ·Q· · And why not?· You don't know? 12· · · ·A· · I don't -- I -- 13· · · ·Q· · You don't know why you didn't preserve the 14· ·videos? 15· · · ·A· · No, I didn't -- I didn't think of putting it 16· ·on my computer. 17· · · ·Q· · Okay.· It was not important for you to 18· ·preserve the surveillance video showing that Cuc Le 19· ·was injured in your store; is that correct? 20· · · · · · MR. HOY:· Misstates testimony.· She did 21· ·preserve it.· She just testified to preserving it. 22· ·BY MR. NAKASE: 23· · · ·Q· · You didn't preserve a copy for yourself, for 24· ·the -- for the company; is that correct? 25· · · · · · MR. HOY:· Objection.· Misstates testimony. ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Did you preserve a copy of the surveillance ·3· ·video showing Cuc Le was injured in the store for the ·4· ·company? ·5· · · ·A· · Isn't that a copy that you just showed on ·6· ·the computer? ·7· · · ·Q· · No, I'm asking you. ·8· · · · · · MR. HOY:· Did you keep a copy for your own ·9· ·records or the store's records on your computer or in 10· ·your possession?· Or did you just take the -- the 11· ·copy and give it to Argo and that's it? 12· · · · · · THE WITNESS:· I just gave the copy to Argo. 13· ·BY MR. NAKASE: 14· · · ·Q· · Okay.· And why didn't you keep a copy for 15· ·your own -- for the company? 16· · · ·A· · It never -- I never thought of that. 17· · · ·Q· · And the reason why you didn't think of it 18· ·was because it wasn't important to you; is that 19· ·correct? 20· · · · · · MR. HOY:· Objection.· Argumentative. 21· · · · · · MR. NAKASE:· It's leading. 22· · · · · · THE WITNESS:· That -- that the -- the video 23· ·was not important to me? 24· ·BY MR. NAKASE: 25· · · ·Q· · Right. ·1· · · · · · MR. HOY:· No, the reason you didn't keep a ·2· ·copy for yourself is that it wasn't important to you. ·3· ·That was the full question. ·4· · · · · · THE WITNESS:· I -- I just -- I -- no. I ·5· ·didn't think -- I didn't think like that.· I just ·6· ·didn't know why I didn't save a copy for myself. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · Okay.· And when you made an investigation, ·9· ·who did you speak with? 10· · · ·A· · I just -- I was -- I spoke to the -- the 11· ·employees that were there.· I asked if they saw 12· ·anything.· And they said no. 13· · · ·Q· · And who did you speak with?· Did you 14· ·identify their names? 15· · · ·A· · Nho Lam. 16· · · ·Q· · Okay.· Did you write down the names? 17· · · ·A· · It's on the -- it's on the report. 18· · · ·Q· · Okay.· But did you speak to anybody else? 19· · · ·A· · There was no customers there. 20· · · ·Q· · Okay.· Do you think it's a mistake for you 21· ·not to preserve the -- the -- the surveillance video 22· ·for May 2nd, 2017? 23· · · ·A· · If it was a mistake that what? 24· · · ·Q· · Do you think -- as you sit here, do you 25· ·think it was a mistake for you to not preserve the ·1· ·videos for May 2nd, 2017, of Cuc Le in the store? ·2· · · ·A· · If it was a mistake that I didn't preserve ·3· ·the video? ·4· · · ·Q· · Yes. ·5· · · · · · MR. HOY:· More video, I think, is what he's ·6· ·saying. ·7· · · · · · THE WITNESS:· More video, right?· Because I ·8· ·did preserve the videos that you saw up there. ·9· ·BY MR. NAKASE: 10· · · ·Q· · Okay.· But you didn't preserve them for 11· ·yourself? 12· · · ·A· · I didn't. 13· · · ·Q· · Okay.· And you didn't preserve the entire 14· ·clip showing that Cuc Le tripped and fell through 15· ·contiguous? 16· · · · · · MR. HOY:· Objection.· I'm not sure -- it's 17· ·vague.· It's vague.· Because "contiguous" could mean 18· ·24 hours a day.· It could actually mean a full week. 19· · · · · · If you're defining it as to when she fell 20· ·versus when she was transported out, I mean, that 21· ·would be two bookends. 22· ·BY MR. NAKASE: 23· · · ·Q· · Do you agree with your counsel?· Do you 24· ·agree with your counsel? 25· · · · · · MR. HOY:· Although I didn't really say a ·1· ·question. ·2· · · · · · THE WITNESS:· Can you re- -- ·3· ·BY MR. NAKASE: ·4· · · ·Q· · Do you agree with what your counsel just ·5· ·said? ·6· · · ·A· · Yes. ·7· · · ·Q· · Okay.· And do you adopt what your counsel ·8· ·just said? ·9· · · ·A· · Yes. 10· · · ·Q· · Okay.· And do you think it was important for 11· ·you to preserve a contiguous video of, say, the 12· ·entire time that Cuc Le was in your store on May 2nd, 13· ·2017? 14· · · ·A· · The entire video of her fall? 15· · · ·Q· · Of Cuc Le in the store. 16· · · · · · MR. HOY:· The entire time she was in the 17· ·store is the question. 18· · · · · · THE WITNESS:· Oh, I -- I didn't think of 19· ·recording the entire time she was in the store 20· ·because I don't know where she walked in the store. 21· ·BY MR. NAKASE: 22· · · ·Q· · In the produce room. 23· · · ·A· · But she could have walked other areas. 24· · · ·Q· · I understand. 25· · · · · · You produced the video for one camera, ·1· ·correct? ·2· · · ·A· · Uh-huh. ·3· · · ·Q· · Okay.· And did you think that it was ·4· ·important to preserve a contiguous video of Cuc Le ·5· ·from the time she entered the frame all the way to ·6· ·the time that she left the store being carried out? ·7· · · ·A· · I -- what -- what -- will you -- will you ·8· ·ask me again? ·9· · · · · · (Record read) 10· · · · · · THE WITNESS:· Um, I -- I preserved what I 11· ·have on there, and I was afraid that it wouldn't fit 12· ·into the thumb drive, and I thought I had everything 13· ·on there. 14· ·BY MR. NAKASE: 15· · · ·Q· · Right.· But you didn't -- that -- that thumb 16· ·drive was provided to the insurance company; is that 17· ·correct? 18· · · ·A· · Uh-huh. 19· · · ·Q· · All right.· And the insurance company is 20· ·defending your company in this case; is that correct? 21· · · ·A· · Uh-huh. 22· · · ·Q· · Is that a "yes"? 23· · · ·A· · Yes. 24· · · ·Q· · Okay.· And did you -- but you didn't think 25· ·it was important for you to preserve the video for ·1· ·your -- for your company; is that correct? ·2· · · ·A· · No, I -- I didn't think of preserving it. ·3· · · ·Q· · Okay.· All right.· Do you think it was ·4· ·important for you to preserve the video, the entire ·5· ·video of that -- from that one camera that you -- you ·6· ·looked at with Cuc Le in the store? ·7· · · · · · MR. HOY:· Overbroad as to entire video. ·8· ·Ambiguous. ·9· · · · · · THE WITNESS:· I wasn't thinking of that at 10· ·that time. 11· ·BY MR. NAKASE: 12· · · ·Q· · Okay.· Let's move on.· Is that okay? 13· · · ·A· · Yes. 14· · · ·Q· · After Cuc Le fell on May 2nd, 2007 -- 2017, 15· ·did you call Cuc Le to ask how she was doing? 16· · · ·A· · No. 17· · · ·Q· · Did anybody ever tell you that Cuc Le had a 18· ·fractured shoulder? 19· · · ·A· · No. 20· · · ·Q· · Did anybody tell you Cuc Le had a fractured 21· ·shoulder, fractured arm, fractured hip and fractured 22· ·femur? 23· · · ·A· · No. 24· · · ·Q· · Do you know that she's crippled? 25· · · ·A· · I'm sorry? ·1· · · ·Q· · Do you know that Cuc Le is crippled? ·2· · · · · · MR. HOY:· Assumes facts not in evidence. ·3· ·BY MR. NAKASE: ·4· · · ·Q· · I'm asking you do you know? ·5· · · ·A· · I don't know. ·6· · · ·Q· · Okay.· Do you know that she spends most of ·7· ·her day in a wheelchair? ·8· · · ·A· · I don't know. ·9· · · ·Q· · Do you know that she can't walk? 10· · · ·A· · I don't know. 11· · · ·Q· · Do you think that that is a severe injury? 12· · · · · · MR. HOY:· Objection.· Incomplete 13· ·hypothetical.· Calls for speculation.· Lacks 14· ·foundation. 15· · · · · · Assuming everything that counsel just 16· ·described is as Cuc Le is as a result of the fall, 17· ·would you consider that to be a serious injury or 18· ·consequence, I guess? 19· · · · · · THE WITNESS:· Well, I didn't know -- I don't 20· ·know if -- that she fell.· I mean, I didn't -- that 21· ·she injured her -- all the -- what you had just 22· ·mentioned.· Is -- is it severe?· I don't know.· I am 23· ·not her doctor. 24· ·BY MR. NAKASE: 25· · · ·Q· · Okay.· And so you don't know -- okay.· Let ·1· ·me state the question plainly. ·2· · · · · · I'm informing you that Cuc Le fractured her ·3· ·shoulder, her arm, her hip and her femur when she ·4· ·tripped and fell. ·5· · · · · · Do you consider those injuries to be severe? ·6· · · ·A· · I -- I don't know if that's severe or not. ·7· ·I mean, she's -- she's -- she's -- you know, she's ·8· ·talking to you. ·9· · · ·Q· · And I'm informing you that Cuc Le spends 10· ·most of her day in a wheelchair and she cannot walk 11· ·for more than five to ten steps. 12· · · · · · Do you consider her injuries to be severe? 13· · · · · · MR. HOY:· I'm going to object.· There's a 14· ·lack of foundation that correlates those symptoms 15· ·with the accident.· So, I mean, that's pure 16· ·speculation. 17· ·BY MR. NAKASE: 18· · · ·Q· · Do you consider her physical condition that 19· ·I just described severe? 20· · · ·A· · I don't know.· Because I don't see her 21· ·interact every day.· I don't know. 22· · · ·Q· · Do you care? 23· · · ·A· · I'm not heartless. 24· · · ·Q· · I'm asking you do you care? 25· · · ·A· · Yes. ·1· · · ·Q· · Do you care that Cuc Le can't walk, that she ·2· ·can only walk a few steps? ·3· · · ·A· · I feel really bad for her.· But I'm not her ·4· ·doctor.· I can't give her the care.· I -- I don't ·5· ·know.· I'm not her doctor.· I feel really -- I feel ·6· ·sad for her if you explain to me that kind of ·7· ·condition that she's in. ·8· · · ·Q· · Did anyone in your company offer to pay -- ·9· ·compensate Cuc Le for her injuries? 10· · · ·A· · I don't know that. 11· · · ·Q· · Did you offer Cuc Le any monetary 12· ·compensation for her injuries? 13· · · ·A· · I didn't -- I didn't offer her -- I -- 14· · · ·Q· · Did you communicate with anybody to offer 15· ·Cuc Le any compensation for her injuries? 16· · · ·A· · No. 17· · · ·Q· · Cuc Le said she tripped and fell in your 18· ·store.· Do you have any reasons to believe she's 19· ·lying? 20· · · ·A· · I -- she said she tripped.· She didn't tell 21· ·me she tripped.· So I don't know what -- if she did 22· ·trip or not. 23· · · ·Q· · Okay. 24· · · ·A· · She told who tripped -- she tripped and had 25· ·fallen. ·1· · · ·Q· · And do you believe that she -- Cuc Le is ·2· ·lying when she says she tripped and fell in your ·3· ·store? ·4· · · ·A· · She -- okay.· She did fall in the store. ·5· ·But I don't know how she fell. ·6· · · ·Q· · That wasn't the question. ·7· · · · · · Do you believe Cuc Le is lying when she says ·8· ·that she tripped and fell in your store? ·9· · · · · · MR. HOY:· I believe she just agreed with 10· ·you, and I believe she explained the distinction 11· ·she's making. 12· ·BY MR. NAKASE: 13· · · ·Q· · Okay.· When Cuc Le said that she tripped and 14· ·fell on May 2nd, 2010 -- 2017, do you think Cuc Le 15· ·was lying? 16· · · ·A· · She said she tripped and fell in the store 17· ·May 2nd, 2017? 18· · · ·Q· · She made that statement in 2017. 19· · · ·A· · She didn't make it with me.· So I don't 20· ·know. 21· · · ·Q· · Do you believe that she was lying when she 22· ·made that statement on May 2nd, 2017? 23· · · · · · MR. HOY:· Assumes facts not in evidence. 24· ·Lack of foundation.· Pure speculation.· Who says that 25· ·she said that on May 2nd, 2017?· I mean, I understand ·1· ·asking questions. ·2· ·BY MR. NAKASE: ·3· · · ·Q· · Okay.· Would -- would you describe a person ·4· ·who spends most of her day in a wheelchair as a ·5· ·person who is crippled? ·6· · · ·A· · Most of the -- she -- she just -- I don't ·7· ·know.· I don't know that. ·8· · · ·Q· · Okay.· Would you describe Cuc Le as near ·9· ·crippled because she spends most of her day in the 10· ·wheelchair? 11· · · ·A· · I don't know. 12· · · ·Q· · Okay. 13· · · ·A· · I'm not her doctor. 14· · · ·Q· · Does the company care that Cuc Le never 15· ·recovers from her injuries? 16· · · · · · MR. HOY:· Objection.· Speculation. 17· · · · · · But you can answer if you care, if you have 18· ·a thought on it. 19· ·BY MR. NAKASE: 20· · · ·Q· · Do you care if Cuc Le ever recovers from her 21· ·injuries? 22· · · ·A· · I worry about her.· I myself, I -- 23· · · ·Q· · You're worried about her? 24· · · ·A· · Well, you -- because you just told me that 25· ·she's -- you know, I didn't know that she had a ·1· ·broken -- what -- what -- you said a -- I didn't know ·2· ·her condition until today, what you've told me. ·3· · · ·Q· · Are you saying that you did nothing wrong by ·4· ·needlessly placing boxes on the floor that caused Cuc ·5· ·Le to trip and fall? ·6· · · · · · MR. HOY:· Argumentative. ·7· · · · · · THE WITNESS:· I -- you said that -- I never ·8· ·said that those box -- that platform caused her to ·9· ·fall.· She never told me that the platform caused her 10· ·to fall. 11· ·BY MR. NAKASE: 12· · · ·Q· · Okay.· Inviting your attention to 13· ·Exhibit 28. 14· · · · · · We're almost done.· Okay?· So I'm going to 15· ·plow through the rest as quick as I can.· I estimate 16· ·another 15 minutes. 17· · · · · · Inviting your attention to Exhibit 28.· Are 18· ·you ready? 19· · · ·A· · Uh-huh. 20· · · · · · (Exhibit 28 marked) 21· ·BY MR. NAKASE: 22· · · ·Q· · Okay.· Inviting your attention to Exhibit 23· ·28, Page 16.· The title is -- Exhibit 28, Page 16, 24· ·the title is "Verification."· And at the bottom on 25· ·Line 14 through Line 16, there's a signature. ·1· · · · · · Do you see that? ·2· · · ·A· · Uh-huh. ·3· · · ·Q· · Okay.· Do you recognize that signature? ·4· · · ·A· · Uh-huh. ·5· · · ·Q· · And how do you recognize the signature? ·6· · · ·A· · That's my signature. ·7· · · ·Q· · Is that your signature? ·8· · · ·A· · Uh-huh. ·9· · · ·Q· · Okay.· And did you read this entire 10· ·document, Exhibit 28, Page 16, before you signed it? 11· · · ·A· · Word for word everything, you said? 12· · · ·Q· · Well, I'm just asking you Exhibit -- Exhibit 13· ·28, Page 16.· Could you read Line 5 to Line 7, 14· ·please? 15· · · ·A· · "I had read the foregoing SF San Diego, 16· ·Inc., dba SF Supermarket's responses to Request for 17· ·Admission, Set One, propounded by Plaintiff Cuc Kim 18· ·Le and know its contents." 19· · · ·Q· · Okay.· And you read this page, and you -- 20· ·and you reviewed the document, and you signed Page 21· ·16; is that correct? 22· · · ·A· · I signed Page 16. 23· · · ·Q· · Is that correct? 24· · · ·A· · Yes, I did sign Page 16. 25· · · ·Q· · Okay.· And you verified that Exhibit 28 -- ·1· ·28, which is SF San Diego, Inc., dba SF Supermarket's ·2· ·responses to Request for Admissions, Set One, ·3· ·Propounded by Plaintiff Cuc Le; is that correct? ·4· · · ·A· · What did you just read?· This? ·5· · · ·Q· · Yes. ·6· · · ·A· · Okay. ·7· · · ·Q· · Right?· You read this document before you ·8· ·signed it; is that correct? ·9· · · ·A· · I read it really fast, but -- 10· · · ·Q· · Okay.· Exhibit 29, please. 11· · · · · · (Exhibit 29 marked) 12· · · · · · MR. NAKASE:· Actually, I think the 13· ·videographer needs to change the tape.· We are very 14· ·close to done. 15· · · · · · THE VIDEOGRAPHER:· This marks the end of 16· ·Media Number 4 in the deposition of Margie Wong. 17· ·Going off the record.· The time is 5:31 p.m. 18· · · · · · (Recess) 19· · · · · · THE VIDEOGRAPHER:· This marks the beginning 20· ·of Media Number 5 in the deposition of Margie Wong. 21· ·Today's date is January 8th, 2020.· Back on the 22· ·record.· The time is 5:34 p.m. 23· ·BY MR. NAKASE: 24· · · ·Q· · Inviting your attention to Exhibit 29, 25· ·Page 1. ·1· · · · · · MR. HOY:· Twenty-nine. ·2· ·BY MR. NAKASE: ·3· · · ·Q· · Do you see it? ·4· · · ·A· · Page 1, 29? ·5· · · ·Q· · Yeah.· Do you see it? ·6· · · ·A· · I was on here. ·7· · · ·Q· · Okay.· And on Line 12 on the left column, ·8· ·could you tell us what the document is? ·9· · · ·A· · This one?· Left column? 10· · · · · · MR. HOY:· That's the right column. 11· ·BY MR. NAKASE: 12· · · ·Q· · I'm sorry.· Right column. 13· · · · · · MR. HOY:· Oh, okay. 14· · · · · · THE WITNESS:· You want me to read it to you? 15· ·BY MR. NAKASE: 16· · · ·Q· · Right here on the right column, Line 12. 17· · · ·A· · Line 12, yes. 18· · · ·Q· · Go ahead. 19· · · ·A· · "Case number"? 20· · · ·Q· · No, below that? 21· · · ·A· · "SF San Diego, Inc., dba SF Supermarket's 22· ·Responses to Form Interrogatories, Set One, 23· ·Propounded by Plaintiff Cuc Kim Le." 24· · · ·Q· · Okay.· And did you read that accurately? 25· · · · · · MR. HOY:· Other than maybe a pronunciation, ·1· ·it sounded pretty accurate. ·2· ·BY MR. NAKASE: ·3· · · ·Q· · Okay.· Inviting your attention to Page 37 of ·4· ·Exhibit 29. ·5· · · ·A· · Page -- ·6· · · ·Q· · Thirty-seven. ·7· · · ·A· · Okay. ·8· · · ·Q· · And on Line 1, what does that -- what does ·9· ·it say? 10· · · ·A· · "Verification." 11· · · ·Q· · And Line 5 to Line 7, what does that say? 12· · · ·A· · "I have read the foregoing SF San Diego, 13· ·Inc., dba SF Supermarket's" -- 14· · · · · · THE REPORTER:· A little slower, please. 15· · · · · · THE WITNESS:· Oh, sorry. 16· · · · · · "I have read the foregoing SF San Diego, 17· ·Inc., dba SF Supermarket's responses to Form 18· ·Interrogatories, Set One, propounded by Plaintiff Cuc 19· ·Kim Le and know its contents." 20· ·BY MR. NAKASE: 21· · · ·Q· · And is that your signature? 22· · · ·A· · Yes. 23· · · ·Q· · Okay.· And you signed it on September 27, 24· ·2009 -- '19? 25· · · ·A· · Yes. ·1· · · ·Q· · Inviting your attention to Exhibit 30, ·2· ·please, Page 1, right-hand column, stating at ·3· ·Line 13, could you read that, please? ·4· · · ·A· · SF Supermarket -- "SF San Diego, Inc., dba ·5· ·SF Supermarket's responses to Request for Production ·6· ·of Documents and Tangible Things, Set One, propounded ·7· ·by Plaintiff Cuc Kim Le." ·8· · · ·Q· · Okay.· Inviting your attention to Page 25, ·9· ·Exhibit 30, please. 10· · · · · · THE REPORTER:· Exhibit 30? 11· · · · · · MR. NAKASE:· Yeah, Page 30. 12· · · · · · MR. HOY:· No, Page 25 of Exhibit 30. 13· · · · · · MR. NAKASE:· Yes.· Exhibit 30, Page 25. 14· · · · · · (Exhibit 30 marked) 15· ·BY MR. NAKASE: 16· · · ·Q· · Could you read Line 1? 17· · · ·A· · "Verification." 18· · · ·Q· · Line 5 to Line 7, please. 19· · · ·A· · "I have read the foregoing SF San Diego, 20· ·Inc., dba SF Supermarket's responses to Request for 21· ·Production of Documents and Tangible Things, Set One, 22· ·propounded by Plaintiff Cuc Kim Le and know its 23· ·contents." 24· · · ·Q· · Okay.· And did you sign this document? 25· · · ·A· · Yes, I did. ·1· · · ·Q· · And did you sign this document on September ·2· ·27, 2019? ·3· · · ·A· · Yes, I did. ·4· · · ·Q· · Okay.· Inviting your attention to ·5· ·Exhibit 31, Page 1. ·6· · · ·A· · Uh-huh. ·7· · · · · · (Exhibit 31 marked) ·8· ·BY MR. NAKASE: ·9· · · ·Q· · Okay.· Could you read the Line 12 to Line 14 10· ·on the right column, please? 11· · · ·A· · "SF San Diego, Inc., dba SF Supermarket's 12· ·response to Special Interrogatories, Set One, 13· ·propounded by Plaintiff Cuc Kim Le." 14· · · ·Q· · Please finish. 15· · · ·A· · "Cuc Kim Le." 16· · · ·Q· · Oh, okay. 17· · · · · · And inviting your attention to Exhibit 31, 18· ·Page 53.· Could you read Line 1 and then Line 5 to 19· ·Line 7, please? 20· · · ·A· · "Verification"? 21· · · ·Q· · Yes. 22· · · ·A· · "I have read the foregoing SF San Diego, 23· ·Inc., dba SF Supermarket's response to Special 24· ·Interrogatories, Set One, propounded by Plaintiff Cuc 25· ·Kim Le and know its contents." ·1· · · ·Q· · And did you sign this document? ·2· · · ·A· · Yes. ·3· · · ·Q· · Exhibit 31? ·4· · · ·A· · Yes, I did. ·5· · · ·Q· · Okay.· And is that your signature on Page ·6· ·53? ·7· · · ·A· · Yes, it is. ·8· · · ·Q· · And you signed Exhibit 31 on September 27, ·9· ·2019? 10· · · ·A· · Yes. 11· · · ·Q· · Inviting your attention to Exhibit 28, 12· ·Page 3. 13· · · ·A· · Exhibit 28? 14· · · ·Q· · Twenty-eight, Page 3.· Let us know when 15· ·you're there, please. 16· · · ·A· · Yes. 17· · · ·Q· · Line -- Request for Admission Number 2.· Do 18· ·you see that? 19· · · ·A· · Line Number 2? 20· · · ·Q· · Line 14. 21· · · ·A· · Yes. 22· · · ·Q· · Okay.· You see where it says -- Line 15 to 23· ·Line 16, could you read that, please? 24· · · ·A· · "Admit that there were no superseding causes 25· ·for the incident underlying this matter for which you ·1· ·are aware." ·2· · · ·Q· · Okay.· Inviting your -- inviting your ·3· ·attention to Exhibit 28, Page 4, Line 2 -- Line 1 to ·4· ·Line 2.· Do you see that? ·5· · · ·A· · Uh-huh. ·6· · · ·Q· · Read that, please. ·7· · · ·A· · Line 1, "Responding party responds as ·8· ·follows:· 2, Deny." ·9· · · ·Q· · Okay.· And why did you deny? 10· · · · · · MR. HOY:· Objection.· Violates 11· ·attorney/client privilege. 12· · · · · · MR. NAKASE:· I didn't ask her what her 13· ·communication was with her counsel. 14· · · · · · MR. HOY:· Okay. 15· ·BY MR. NAKASE: 16· · · ·Q· · Why did you deny? 17· · · · · · MR. HOY:· I'm going to make the same 18· ·objection.· And I'm actually going to add calls for 19· ·speculation.· Lacks foundation that she denied it. 20· ·And it certainly assumes facts not in evidence. 21· ·BY MR. NAKASE: 22· · · ·Q· · What is your reason for your denial to 23· ·Request for Admission Number 2? 24· · · · · · MR. HOY:· And I'm going to have to object to 25· ·that because you said her denial.· Nobody said this ·1· ·is her denial.· This is actually SF Supermarket, ·2· ·Inc.'s, responses, not hers. ·3· ·BY MR. NAKASE: ·4· · · ·Q· · You may answer the question. ·5· · · · · · MR. HOY:· And I'm going to object that it ·6· ·calls for a legal conclusion and an expert opinion. ·7· ·BY MR. NAKASE: ·8· · · ·Q· · What reasons do you have for denying Request ·9· ·for Admission Number 2? 10· · · · · · MR. HOY:· If you can think of any 11· ·independently without any conversations from any 12· ·attorney, you can answer. 13· · · · · · THE WITNESS:· "Admit that there were no 14· ·other superseding causes for the incident"? 15· ·BY MR. NAKASE: 16· · · ·Q· · What's the reason for your denial? 17· · · ·A· · What is -- 18· · · · · · MR. HOY:· Do you know what a superseding 19· ·cause is? 20· · · · · · THE WITNESS:· No, I don't. 21· · · · · · MR. HOY:· Then don't -- then just say you 22· ·don't understand when you don't understand. 23· · · · · · THE WITNESS:· Okay.· I don't understand. 24· ·BY MR. NAKASE: 25· · · ·Q· · Inviting your attention to Exhibit 20 [sic], ·1· ·Page 6. ·2· · · ·A· · Exhibit 20? ·3· · · ·Q· · Eight.· Exhibit 28, Page 6.· Are you there? ·4· · · ·A· · Yes. ·5· · · ·Q· · Okay.· Could you read Request for Admission ·6· ·Number 7, please? ·7· · · ·A· · "Admit that an unsafe condition on the ·8· ·subject premises caused or contributed in plaintiff's ·9· ·accident resulting in injuries at the time of 10· ·incident." 11· · · ·Q· · Okay.· And you see where Exhibit -- Line 26 12· ·is? 13· · · ·A· · Yes. 14· · · ·Q· · Okay.· Do you -- did you deny Request for 15· ·Admission Number 7? 16· · · · · · MR. HOY:· I -- I'm going to object. 17· · · · · · And if you personally denied it on behalf of 18· ·yourself, then you can answer the question.· But I 19· ·don't want you to say -- or I guess -- you know, if 20· ·you know -- okay.· Hold on.· Let me get my 21· ·objections. 22· · · · · · I'll object that it invades the 23· ·attorney/client privilege.· It assumes facts not in 24· ·evidence.· It's speculation.· No foundation. 25· · · · · · To the extent that you can answer the ·1· ·question without relying on anything your attorneys ·2· ·told you, and to the extent that you personally ·3· ·denied this request for admission, you can answer. ·4· ·BY MR. NAKASE: ·5· · · ·Q· · Why did you deny Request for Admission ·6· ·Number 7? ·7· · · ·A· · It's admit that it's an unsafe condition on ·8· ·the subject premises? ·9· · · ·Q· · What reasons do you have for denying? 10· · · · · · MR. HOY:· You personally. 11· · · · · · THE WITNESS:· I personally denied that -- 12· ·that -- that -- "Admit that an unsafe condition on 13· ·the subject premises caused or contributed to causing 14· ·the plaintiff's accident resulting in" -- I 15· ·don't under- -- I don't -- 16· · · · · · MR. HOY:· If you don't understand, that's 17· ·your answer. 18· · · · · · THE WITNESS:· I don't understand the 19· ·question. 20· ·BY MR. NAKASE: 21· · · ·Q· · Okay.· Invite your attention to Exhibit 28, 22· ·Page 7. 23· · · ·A· · Page 7. 24· · · ·Q· · Request for Admission Number 9.· Do you see 25· ·that?· Could you read that, please? ·1· · · ·A· · "Admit that the plaintiff was not ·2· ·comparatively negligent for the incident underlying ·3· ·this matter." ·4· · · ·Q· · Inviting your attention to the next page, ·5· ·Line 6, Page 8.· You see that, Line 6?· You deny it, ·6· ·correct? ·7· · · ·A· · Uh-huh. ·8· · · ·Q· · Okay.· What -- ·9· · · · · · MR. HOY:· I'm going to object on the grounds 10· ·previously stated and with emphasis on it calls for a 11· ·legal conclusion.· And on that basis, I'll instruct 12· ·her not to answer. 13· · · · · · THE WITNESS:· I'm not. 14· ·BY MR. NAKASE: 15· · · ·Q· · I beg your pardon? 16· · · ·A· · I'm not going -- 17· · · ·Q· · Okay.· And you don't want to -- you don't 18· ·want to explain to me why you deny Request for 19· ·Admission Number 9; is that correct? 20· · · · · · MR. HOY:· First of all, did you deny it? 21· ·I'll let -- I'll let you answer that.· Are you the 22· ·one who denied it? 23· · · · · · THE WITNESS:· No. 24· · · · · · MR. HOY:· I mean, this whole thing is kind 25· ·of taking a left turn.· This is a response from the ·1· ·company.· You're asking her why she denied it.· She ·2· ·signed that it's accurate.· She signed the ·3· ·verification.· But that doesn't mean she sat down and ·4· ·wrote this word for word.· And obviously she relied ·5· ·on a lot of advice and communications with counsel. ·6· ·And now you're asking her to draw a legal conclusion. ·7· · · · · · So I instruct her not to answer.· It's even ·8· ·an improper form of a question in a deposition. ·9· ·BY MR. NAKASE: 10· · · ·Q· · Can you explain -- let me -- are you -- are 11· ·you refusing to answer why you deny Request for 12· ·Admission Number 9? 13· · · · · · MR. HOY:· If -- if you're refusing, just say 14· ·you're following the advice from your counsel. 15· · · · · · THE WITNESS:· I'm refusing. 16· · · · · · MR. HOY:· That's fine. 17· · · · · · THE REPORTER:· What did you say? 18· · · · · · MR. HOY:· Oh, I'm sorry. 19· · · · · · THE WITNESS:· I'm refusing. 20· ·BY MR. NAKASE: 21· · · ·Q· · Inviting your attention to Exhibit 28, Page 22· ·8, Line 7, Request for Admission Number 10. 23· · · · · · Do you see that? 24· · · ·A· · Uh-huh. 25· · · ·Q· · Could you read that, please? ·1· · · ·A· · "Admit that the plaintiff did nothing other ·2· ·than being present on the premise on the date of ·3· ·incident to cause the accident." ·4· · · ·Q· · Inviting your attention to Line 25.· Can you ·5· ·read that? ·6· · · ·A· · "Deny." ·7· · · ·Q· · What reasons do you have for denying Request ·8· ·for Admission Number 10? ·9· · · · · · MR. HOY:· I'm going to object that it is 10· ·woefully overbroad and literally impossible unless 11· ·she wasn't shopping. 12· · · · · · It says "did nothing other than be present," 13· ·which means she wasn't walking; she wasn't shopping. 14· ·She was just there. 15· · · · · · I mean, based -- and you're assuming that 16· ·she, again, did the denial independently without any 17· ·communications with her attorney. 18· · · · · · I -- if -- if you're going to continue down 19· ·this line of questioning through all of these 20· ·requests for admissions, I'll have a continuing 21· ·objection and a continuing instruction not to answer, 22· ·and we can save a lot of time. 23· ·BY MR. NAKASE: 24· · · ·Q· · Do you adopt everything that your counsel 25· ·just said? ·1· · · ·A· · I do. ·2· · · ·Q· · Okay.· And are you refusing to answer why ·3· ·you deny Request for Admission Number 10? ·4· · · ·A· · Yes. ·5· · · ·Q· · Inviting your attention to Exhibit 28, ·6· ·Page -- Page 9. ·7· · · · · · Inviting your attention to Exhibit 28, ·8· ·Page 11.· Request for Admission Number 14. ·9· · · · · · Do you see that? 10· · · ·A· · Uh-huh. 11· · · ·Q· · Could you read that, please? 12· · · ·A· · "Admit that the plaintiff was not negligent 13· ·at the time of the incident." 14· · · ·Q· · And on Line 20, could -- could you read 15· ·that? 16· · · ·A· · "Deny." 17· · · ·Q· · And why did you deny Request for Admission 18· ·Number 14? 19· · · · · · MR. HOY:· I'm going to object on the same 20· ·grounds as before.· In fact, the objections are 21· ·literally laid out on this page right before the 22· ·denial. 23· · · · · · I will re-lodge every one of these 24· ·objections and instruct her not to answer. 25· ·/// ·1· ·BY MR. NAKASE: ·2· · · ·Q· · Are you refusing to answer why you deny ·3· ·Request for Admission Number 14? ·4· · · ·A· · Yes. ·5· · · ·Q· · Inviting your attention to Request for ·6· ·Admission Number 15 of Exhibit 28. ·7· · · · · · Do you see that? ·8· · · ·A· · Page 11? ·9· · · ·Q· · Request for Admission Number 15. 10· · · ·A· · Oh. 11· · · ·Q· · Exhibit 28, Page 11. 12· · · · · · Do you see that? 13· · · ·A· · Uh-huh. 14· · · ·Q· · Can you read that, please? 15· · · ·A· · "Admit that the plaintiff sustained injuries 16· ·as a result of the incident underlying the complaint 17· ·in this matter." 18· · · ·Q· · Okay.· And -- 19· · · · · · MR. HOY:· Is "incident" defined anywhere in 20· ·this document?· I see it's in capital.· Usually that 21· ·means there's a separate definition. 22· ·BY MR. NAKASE: 23· · · ·Q· · Inviting your attention to Request for 24· ·Admission Number 16. 25· · · · · · Do you see that? ·1· · · ·A· · Uh-huh. ·2· · · ·Q· · Okay.· And that's on Exhibit 28, Page 12. ·3· · · · · · Do you see that? ·4· · · ·A· · Yes. ·5· · · ·Q· · Read that, please. ·6· · · ·A· · "Admit that the plaintiff's medical ·7· ·treatment and cost of treatment that you're aware of ·8· ·at the time that your responses are verified are ·9· ·reasonable." 10· · · ·Q· · Inviting your attention to the next page, 11· ·Line 1 through 4. 12· · · · · · Do you see that? 13· · · ·A· · Uh-huh. 14· · · ·Q· · Okay.· And on what basis do you believe that 15· ·you did not have enough information to -- 16· · · · · · MR. HOY:· Objection. 17· · · · · · Go ahead. 18· ·BY MR. NAKASE: 19· · · ·Q· · -- to admit or deny Request for Admission 20· ·Number 16? 21· · · · · · MR. HOY:· I'm -- I'm going to object that 22· ·that assumes it was an independent decision on her 23· ·part without involvement from her attorneys, the work 24· ·product, and attorney/client communication. 25· · · · · · So on that basis, I'm, again, instructing ·1· ·not to answer, along with all the objections lodged ·2· ·on the document. ·3· ·BY MR. NAKASE: ·4· · · ·Q· · Are you refusing to answer? ·5· · · ·A· · Yes. ·6· · · ·Q· · Inviting your attention to Exhibit 28, ·7· ·Page 14, Request for Admission Number 19, please. ·8· · · ·A· · Read it? ·9· · · ·Q· · Yes, please. 10· · · ·A· · "Admit that you are aware that other 11· ·customers had been injured on the premises prior to 12· ·the incident." 13· · · ·Q· · Okay.· Inviting your attention to the next 14· ·page, Page 15, Line 1. 15· · · ·A· · "Deny." 16· · · ·Q· · Okay.· And what reasons do you have for 17· ·denying Request for Admission Number 19? 18· · · · · · MR. HOY:· Anything other than what is and/or 19· ·might be based on your attorneys, you can answer. 20· · · · · · THE WITNESS:· Admitting to the other 21· ·customers had been injured on the premise prior to 22· ·the incident? 23· ·BY MR. NAKASE: 24· · · ·Q· · Yes.· Why did you deny? 25· · · · · · MR. HOY:· Again, basing your answer on ·1· ·information that you know independently of anything ·2· ·communicated to you from your attorneys.· So your own ·3· ·personal -- if you deny it on a personal basis ·4· ·without any input from your attorneys, go ahead and ·5· ·answer. ·6· · · · · · THE WITNESS:· Admit that I'm aware that ·7· ·there were other customers that had injuries? ·8· ·BY MR. NAKASE: ·9· · · ·Q· · We're still talking about Request for 10· ·Admission Number 9 -- 19. 11· · · · · · Has anybody -- has any customer ever been 12· ·injured in your store since 2008? 13· · · ·A· · Has anyone been injured since 2008, a 14· ·customer? 15· · · ·Q· · Yes. 16· · · ·A· · What kind of injuries, though? 17· · · ·Q· · I'm just asking you, injuries. 18· · · ·A· · Like a trip or a slip-and-fall? 19· · · ·Q· · I'm just asking you if -- 20· · · · · · MR. HOY:· Any injury. 21· · · · · · THE WITNESS:· If there's any injuries? 22· · · · · · MR. HOY:· Any injury that you're aware of 23· ·that happened during that time frame, which, 24· ·unfortunately, I forget what he asked.· But, yes, any 25· ·other injuries. ·1· · · · · · THE WITNESS:· If there's any other injuries ·2· ·between 2008 to 2017 -- now? ·3· ·BY MR. NAKASE: ·4· · · ·Q· · Have there been any customers that have been ·5· ·injured at your store since 2008? ·6· · · · · · MR. HOY:· This is -- this is a little ·7· ·different than this.· This says from the incident. ·8· ·He's saying since 2008.· So focus on the question. ·9· · · · · · THE WITNESS:· I'm not sure. 10· ·BY MR. NAKASE: 11· · · ·Q· · You don't know if anybody has ever -- 12· · · ·A· · I can't remember.· I -- injuries? 13· · · ·Q· · Okay.· We'll move on. 14· · · · · · MR. NAKASE:· I think we're good to go. 15· · · · · · MR. HOY:· Awesome.· Do you want to do a 16· ·stipulation this time?· I mean, the reason we didn't 17· ·do it last time is because of the translator issue. 18· · · · · · MR. NAKASE:· Okay.· Could we go off the 19· ·record real quick? 20· · · · · · THE VIDEOGRAPHER:· Going off the record. 21· ·The time is 5:57 p.m. 22· · · · · · (Discussion off the record) 23· · · · · · THE VIDEOGRAPHER:· Back on the record.· The 24· ·time is 6:01 p.m. 25· · · · · · MR. NAKASE:· Off the record, counsel met and ·1· ·conferred and will stipulate that we will relieve the ·2· ·court reporter of her responsibility under the ·3· ·statute to review the deposition transcript with the ·4· ·witness, and that the court reporter will mail a copy ·5· ·of the deposition transcript -- ·6· · · · · · MR. HOY:· Don't we get the original? ·7· · · · · · MR. NAKASE:· What's that? ·8· · · · · · THE REPORTER:· It's the original. ·9· · · · · · MR. HOY:· Yeah, we would need the original 10· ·to review and sign. 11· · · · · · MR. NAKASE:· That's right. 12· · · · · · Mail a -- a copy of the original to defense 13· ·counsel's office.· And defense counsel will review 14· ·the deposition transcript with the witness.· And the 15· ·witness will have 20 days. 16· · · · · · Is that okay, Counsel? 17· · · · · · MR. HOY:· How many pages was this? 18· · · · · · THE REPORTER:· It's about 360. 19· · · · · · MR. HOY:· I mean, I -- I would agree, but 20· ·it's not my time. 21· · · · · · Do you think you can get it done in 20 days? 22· · · · · · THE WITNESS:· To read -- 23· · · · · · MR. HOY:· What you're going to be asked to 24· ·do is review the transcript.· If there's anything 25· ·that needs to be changed in it, there's a little ·1· ·mark, and you make your changes, right? ·2· · · · · · So you're going to have to confirm that what ·3· ·your testimony is here is -- you're going to have to ·4· ·correct mistakes, and if there is a mistake, you're ·5· ·going to have to say what it was. ·6· · · · · · THE WITNESS:· I have 20 days -- ·7· · · · · · MR. NAKASE:· You're going to have to -- it's ·8· ·going to be like a little book.· And you're going to ·9· ·have to read it and confirm it's accurate. 10· · · · · · THE WITNESS:· I may need more time because 11· ·of my busy schedule from work right now because of 12· ·the holidays. 13· · · · · · MR. HOY:· Can you do 30 days? 14· · · · · · MR. NAKASE:· You guys are going to file a 15· ·summary judgment.· I need -- I need a verification 16· ·for the -- 17· · · · · · MR. HOY:· I don't think that will be a 18· ·problem.· I think you'll have it before the summary 19· ·judgment. 20· · · · · · I mean, if for some reason -- I mean -- how 21· ·long do you think it will take to get the documents 22· ·for her to review? 23· · · · · · We probably should have talked about this 24· ·already, but -- 25· · · · · · THE REPORTER:· It's a two-week turnaround. ·1· · · · · · MR. HOY:· So, I mean, basically 45 days. I ·2· ·mean, what's 10 extra days, really?· I mean, 20 to ·3· ·30.· I don't want -- I don't want to force her to -- ·4· ·to rush anything.· And I -- I understand it's going ·5· ·to be a big read, and she has to be very accurate. ·6· · · · · · So I'd prefer 30 days.· And -- I mean, I ·7· ·don't think that's going to be a problem.· If it ·8· ·becomes a problem, I can call her up and say, "Hey, ·9· ·can we get it done faster?"· But I think it's not 10· ·going to be a problem. 11· · · · · · MR. NAKASE:· Let's go off the record.· We're 12· ·burdening the record. 13· · · · · · THE VIDEOGRAPHER:· Going off the record. 14· ·The time is 6:04 p.m. 15· · · · · · (Discussion off the record) 16· · · · · · THE VIDEOGRAPHER:· Back on the record.· The 17· ·time is 6:06 p.m. 18· · · · · · MR. NAKASE:· With respect to handling the 19· ·witness's deposition transcript, I propose that we 20· ·relieve the court reporter of her responsibilities 21· ·under the statute to review the transcript with the 22· ·witness. 23· · · · · · The court reporter will mail the deposition 24· ·transcript to defense counsel in two weeks.· The 25· ·witness will have 20 days to review the deposition ·1· ·transcript to verify it and give notice of any ·2· ·errata. ·3· · · · · · MR. HOY:· Twenty days after receipt of the ·4· ·deposition transcript. ·5· · · · · · MR. NAKASE:· Defense counsel's receipt of ·6· ·the deposition transcript. ·7· · · · · · And if -- if the witness doesn't verify the ·8· ·deposition transcript and give notice, then the ·9· ·deposition transcript is deemed verified. 10· · · · · · Is that okay with you? 11· · · · · · MR. HOY:· Yes.· Yes. 12· · · · · · MR. NAKASE:· Okay.· With respect to the 13· ·exhibits -- with respect to the exhibits, we would 14· ·invite -- we would -- I propose that we put the 15· ·exhibits that were referred to in this deposition -- 16· ·the court reporter will put it onto a CD-ROM and put 17· ·it in a pocket for the deposition transcript. 18· · · · · · With respect to the photographs that the 19· ·witness made marks to, the court reporter will attach 20· ·that as a hard copy to the trans -- the deposition 21· ·transcript. 22· · · · · · Is that okay with you, Defense Counsel? 23· · · · · · MR. HOY:· That's okay.· I'll stipulate to 24· ·that. 25· · · · · · MR. NAKASE:· Okay. ·1· · · · · · THE VIDEOGRAPHER:· This completes today's ·2· ·video deposition of Margie Wong.· The total number of ·3· ·media used is five.· Going off the record.· The time ·4· ·is 6:08 p.m. ·5· · · · · · (Deposition concluded at 6:08 p.m.) ·6 ·7 ·8 ·9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ·1· · · · · · DECLARATION UNDER PENALTY OF PERJURY
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·3· · · · I, MARGIE WONG, the witness herein, declare under
·4· ·penalty of perjury that I have read the foregoing in its
·5· ·entirety; and that the testimony contained therein, as
·6· ·corrected by me, is a true and accurate transcription of
·7· ·my testimony elicited at said time and place.
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·9· · · · Executed this ______day of ______2020,
10· ·at ______, ______.
11· · · · · · (City)· · · · · · · · · · · ·(State)
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16 · · · · · · · · · · · · · · · ·______17· · · · · · · · · · · · · · · · · · · MARGIE WONG
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25 ·1· · · · · · · · · · DEPOSITION ERRATA SHEET ·2· ·Page No._____Line No._____Change to:______·3· ·______·4· ·Reason for change:______·5· ·Page No._____Line No._____Change to:______·6· ·______·7· ·Reason for change:______·8· ·Page No._____Line No._____Change to:______·9· ·______10· ·Reason for change:______11· ·Page No._____Line No._____Change to:______12· ·______13· ·Reason for change:______14· ·Page No._____Line No._____Change to:______15· ·______16· ·Reason for change:______17· ·Page No._____Line No._____Change to:______18· ·______19· ·Reason for change:______20· ·Page No._____Line No._____Change to:______21· ·______22· ·Reason for change:______23 24· ·______25· ·MARGIE WONG· · · · · · · · · · · · · · · · DATE ·1· · · · · · · · · · DEPOSITION ERRATA SHEET ·2· ·Page No._____Line No._____Change to:______·3· ·______·4· ·Reason for change:______·5· ·Page No._____Line No._____Change to:______·6· ·______·7· ·Reason for change:______·8· ·Page No._____Line No._____Change to:______·9· ·______10· ·Reason for change:______11· ·Page No._____Line No._____Change to:______12· ·______13· ·Reason for change:______14· ·Page No._____Line No._____Change to:______15· ·______16· ·Reason for change:______17· ·Page No._____Line No._____Change to:______18· ·______19· ·Reason for change:______20· ·Page No._____Line No._____Change to:______21· ·______22· ·Reason for change:______23 24· ·______25· ·MARGIE WONG· · · · · · · · · · · · · · · · DATE ·1· · · · · · · · · · REPORTER'S CERTIFICATION
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·3· · · · I, SHELLY M. BERRY, CSR No. 9896, do hereby certify:
·4· · · · That the foregoing deposition testimony was taken
·5· ·before me at the time and place therein set forth, at
·6· ·which time the witness was placed under oath by me;
·7· · · · That the testimony of the witness and all objections
·8· ·made at the time of the examination were recorded
·9· ·stenographically by me, were thereafter transcribed under
10· ·my direction and supervision and that the foregoing is a
11· ·true record of same.
12· · · · I further certify that I am neither counsel for nor
13· ·related to any party to said action, nor am I in any
14· ·way interested in the outcome thereof.
15· · · · · · ·IN WITNESS WHEREOF, I have subscribed my name
16· ·this 14th day of January, 2020.
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20 · · · · · · · · · · · · · ·______21· · · · · · · · · · · · ·Shelly M. Berry, CSR No. 9896
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTACHMENT B
28 -4- LE V. SF SAN DIEGO INC. Case No.: 37-2019-00019958-CU-PO-CTL Supplemental Declaration of Brad Nakase in Support of Plaintiff Cuc Le’s Motion to Compel Defendant SF San Diego, Inc.’s Production of Surveillance Videos
·1· · · · · SUPERIOR COURT OF THE STATE OF CALIFORNIA
·2· · · · · · · · ·FOR THE COUNTY OF SAN DIEGO
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·4· CUC KIM LE,· · · · · · · · · · · · ) · · · · · · · · · · · · · · · · · · · ·) ·5· · · · · · · · · Plaintiff,· · · · ·) · · · · · · · · · · · · · · · · · · · ·) ·6· · · · · · vs.· · · · · · · · · · · )· Case No. 37-2019-00019958 · · · · · · · · · · · · · · · · · · · ·)· · · · · ·CU-PO-CTL ·7· SF SAN DIEGO, INC., DBA SF· · · · ·) · · SUPERMARKET, AND DOES 1 TO 50,· · ·) ·8· · · · · · · · · · · · · · · · · · ·) · · · · · · · · · · Defendants.· · · · ) ·9· ______)
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14· · · · · · · · · VIDEOTAPED DEPOSITION OF
15· · · · · · · · · · · · ·HUY TRIEU
16· · · · · · · · · · SAN DIEGO, CALIFORNIA
17· · · · · · · ·WEDNESDAY, FEBRUARY 12TH, 2020
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23 · · Reported by: 24· LEESAH TERAN · · CSR No. 12675 25· No. 20-88265 ·1· · · · · SUPERIOR COURT OF THE STATE OF CALIFORNIA
·2· · · · · · · · ·FOR THE COUNTY OF SAN DIEGO
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·4· CUC KIM LE,· · · · · · · · · · · · ) · · · · · · · · · · · · · · · · · · · ·) ·5· · · · · · · · · Plaintiff,· · · · ·) · · · · · · · · · · · · · · · · · · · ·) ·6· · · · · · vs.· · · · · · · · · · · )· Case No. 37-2019-00019958 · · · · · · · · · · · · · · · · · · · ·)· · · · · ·CU-PO-CTL ·7· SF SAN DIEGO, INC., DBA SF· · · · ·) · · SUPERMARKET, AND DOES 1 TO 50,· · ·) ·8· · · · · · · · · · · · · · · · · · ·) · · · · · · · · · · Defendants.· · · · ) ·9· ______)
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20· · · ·VIDEOTAPED DEPOSITION OF HUY TRIEU, taken on behalf
21· of the PLAINTIFF at NAKASE LAW FIRM, INC., 2221 Camino
22· Del Rio South, 300, San Diego, California, on Wednesday,
23· February 12th, 2020, at 11:12 a.m., before Leesah Teran,
24· Certified Shorthand Reporter, in and for the State of
25· California. ·1· APPEARANCES OF COUNSEL:
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·3· FOR THE PLAINTIFF CUC KIM LE:
·4· NAKASE LAW, INC. · · BY· Brad Nakase, ESQ. ·5· 2221 Camino Del Rio South, Suite 300 · · San Diego, California 92108 ·6· (619) 550-1321
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·8· FOR THE PLAINTIFF CUC KIM LE:
·9· TOM RIST LAW OFFICE · · BY· Tom Rist, ESQ. 10· 2221 Camino Del Rio South, Suite 300 · · San Diego, California 92108 11· (619) 550-1321
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13· FOR THE DEFENDANTS SF SAN DIEGO, INC., ET AL:
14· BREMER & WHYTE BROW & O'MEARA, LLP · · BY· Scott D. Hoy, ESQ. 15· 501 West Broadway, Suite 1700 · · San Diego, California 92101 16· (619) 236-0048
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22· ALSO PRESENT:· Isaac Orihuela, videographer
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25 ·1· · · · · · · · · · · · · I N D E X
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·3· WITNESS:
·4· HUY TRIEU
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·6· EXAMINATION· · · · · · · · · · · · · · · · · · · · ·PAGE
·7· BY MR. NAKASE· · · · · · · · · · · · · · · · · · · ·7
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10· · · · · · · · · · INDEX TO EXHIBITS
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12· EXHIBIT· · · · · · ·DESCRIPTION· · · · · · · · · · ·PAGE
13· Exhibit 63· "Defendant SF San Diego, Inc.,· · · · · 35 · · · · · · · · d/b/a SF Supermarket's Notice 14· · · · · · · of Motion and Motion for a · · · · · · · · Protective Order Regarding: 15· · · · · · · Deposition of Hieu T. Tran; · · · · · · · · Memorandum of Points and Authorities; 16· · · · · · · Request for Monetary Sanctions · · · · · · · · Against Plaintiff; and Declaration 17· · · · · · · of Alexander M. Gianneto.
18· Exhibit 50· "SF Supermarket California Employee· · · 47 · · · · · · · · ·Handbook" 19
20· Exhibit 25· Photograph· · · · · · · · · · · · · · · ·101
21· Exhibit 67· Diagram· · · · · · · · · · · · · · · · · 109
22· Exhibit 24· Photograph· · · · · · · · · · · · · · · ·119
23· Exhibit 68· Photograph· · · · · · · · · · · · · · · ·132
24· Exhibit 69· California Identification of Cuc Le· · · 135
25· Exhibit 41· Video· · · · · · · · · · · · · · · · · · 160 ·1· · · · ·(Index continued.) ·2 ·3 ·4· ·QUESTION MARKED FOR THE RECORD ·5· · · · · · PAGE· · LINE ·6· · · · · · · 31· · 18 ·7· · · · · · · 42· · 14 ·8· · · · · · · 45· · 1 ·9· · · · · · ·199· · 14 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ·1· · Wednesday, February 12th, 2020; San Diego, California ·2· · · · · · · · · · · · · 11:12 a.m. ·3· · · · · · · · · · · · · · - - - ·4· · · · · · THE VIDEOGRAPHER:· Good morning.· We are going ·5· on the record.· Here begins Media No. 1 of the ·6· deposition of Huy Trieu in the matter of Cuc Kim Le ·7· versus SF San Diego, Inc., et al.· This case in the ·8· Superior Court of the State of California, County of San ·9· Diego.· The case number is 37-2019-00019958-CU-PO-CTL. 10· Today's date is February 12, 2020.· The time on the 11· record is 11:12 a.m.· This deposition is taking place at 12· Nakase Law Firm in San Diego, California.· The 13· videographer in Isaac Orihuela appearing on behalf of 14· Sullivan. 15· · · · · · Would counsel please identify yourselves and 16· state whom you represent? 17· · · · · · MR. NAKASE:· Brad Nakase for Plaintiff Kim -- 18· Cuc Kim Le. 19· · · · · · MR. RIST:· Tom Rist also for Plaintiff. 20· · · · · · MR. HOY:· Scott Hoy for Defendant. 21· · · · · · THE VIDEOGRAPHER:· The reporter today is 22· Leesah Teran with Sullivan.· Would the reporter please 23· swear in the witness? 24 25· // ·1· · · · · · · · · · · · ·HUY TRIEU, ·2· · · · · · having first been duly sworn, was ·3· · · · · · examined and testified as follows: ·4 ·5· · · · · · MR. NAKASE:· Counsel, off the record real ·6· quick. ·7· · · · · · MR. HOY:· I suppose. ·8· · · · · · THE VIDEOGRAPHER:· We're going off the record ·9· at 11:13 a.m. 10· · · · · · (Recess taken.) 11· · · · · · THE VIDEOGRAPHER:· We are back on the record 12· at 11:13 a.m. 13· · · · · · · · · · · · ·EXAMINATION 14· BY MR. NAKASE: 15· · · ·Q.· ·Sir, could you identify yourself, please? 16· · · ·A.· ·My name is Huy Trieu. 17· · · ·Q.· ·Ms. Trieu, could you spell your name for us, 18· please? 19· · · ·A.· ·First name H-u-y.· Last name T-r-i-e-u. 20· · · ·Q.· ·Sir, could you identify where your residence 21· is located at? 22· · · ·A.· ·3374 Diablo Circle in the city of Pinole, 23· California 94564. 24· · · ·Q.· ·And in what county is that, sir? 25· · · ·A.· ·Can you repeat? ·1· · · ·Q.· ·What county is that? ·2· · · ·A.· ·Contra Costa. ·3· · · ·Q.· ·Sir, do you understand that the court reporter ·4· just swore you in for you to give your testimony? ·5· · · ·A.· ·Yes. ·6· · · ·Q.· ·Do you understand what penalty of perjury ·7· means? ·8· · · ·A.· ·Yes. ·9· · · ·Q.· ·What does that mean, sir? 10· · · ·A.· ·If I -- I'm not truthfully, I could be 11· persecuted by law. 12· · · ·Q.· ·Sir, did you get a good night's sleep last 13· night? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·Okay. 16· · · · · · Did you have a good breakfast this morning? 17· · · ·A.· ·Yes. 18· · · ·Q.· ·Is there any reason why you can't give your 19· best testimony here today? 20· · · ·A.· ·No. 21· · · ·Q.· ·Is there any reason why you can't give 22· accurate testimony here today? 23· · · ·A.· ·No. 24· · · ·Q.· ·Have you and I ever met before? 25· · · ·A.· ·No. ·1· · · ·Q.· ·Has anybody offered to give you any type of ·2· money or gifts for your testimony here today? ·3· · · ·A.· ·No. ·4· · · ·Q.· ·Do you understand that for you to give your ·5· testimony here today, although it's an informal setting, ·6· your testimony should be given as though you're sitting ·7· in court in front of a judge and a jury. ·8· · · · · · Do you understand that? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·Did you review any documents in order to 11· prepare for your deposition here today? 12· · · ·A.· ·In the morning before I come here I stopped by 13· the store and print out one of the items that, you know, 14· I was requested to provide. 15· · · ·Q.· ·Okay. 16· · · · · · And you're here pursuant to a notice of 17· deposition requesting you to be present? 18· · · ·A.· ·Yes. 19· · · ·Q.· ·And did you bring any documents with you 20· today? 21· · · ·A.· ·I have one. 22· · · ·Q.· ·Okay. 23· · · · · · May I see that, please? 24· · · ·A.· ·Yes. 25· · · ·Q.· ·Please tell me what -- for the record, the ·1· witness handed me two pages of documents.· Could you ·2· identify what you brought, please? ·3· · · ·A.· ·That's the list of the employees working in ·4· the produce department on May 2nd, 2017. ·5· · · ·Q.· ·And did you bring any other documents with you ·6· that is identified in the notice of deposition? ·7· · · ·A.· ·That's all I have. ·8· · · ·Q.· ·Okay. ·9· · · · · · Did you go through the list of documents in 10· the notice of deposition? 11· · · ·A.· ·Yes. 12· · · ·Q.· ·You went through each and every single one? 13· · · ·A.· ·Yes. 14· · · ·Q.· ·And did you identify those documents to bring 15· with you? 16· · · ·A.· ·I do, but some of them I don't have it.· So I 17· didn't -- when I don't have it, I didn't bring it with 18· me. 19· · · · · · MR. HOY:· I will also represent that I 20· instructed him that he does not need to bring things 21· that were already produced, because that is part of our 22· objection that we have to this document request. 23· BY MR. NAKASE: 24· · · ·Q.· ·Sir, for the purpose of this deposition, when 25· I say "corporation," I'm referring to SF San Diego, Inc. ·1· Are you okay with that? ·2· · · ·A.· ·Yes. ·3· · · ·Q.· ·And for the purpose of this deposition, when I ·4· say "company," we're talking about SF San Diego, Inc. ·5· Are you okay with that? ·6· · · ·A.· ·Yes. ·7· · · ·Q.· ·For the purpose of this deposition, when we ·8· say the word "grocery store," we're referring to SF San ·9· Diego, Inc., doing business as Thuan Phat Supermarket in 10· Linda Vista, San Diego.· Are you okay with that? 11· · · ·A.· ·Yes. 12· · · ·Q.· ·When we use the word "premises," we are 13· referring to Thuan Phat Supermarket where Cuc Le tripped 14· and fell on May 2nd, 2017.· Are you okay with that? 15· · · ·A.· ·Can you repeat one more time? 16· · · ·Q.· ·When we use the word "premises," or "premise," 17· we're referring to Thuan Phat Supermarket where Cuc Le 18· tripped and fell on May 2nd, 2017.· Are you okay with 19· that? 20· · · ·A.· ·Yeah.· Can you add the address 6935 Linda 21· Vista Road? 22· · · ·Q.· ·That's fine.· Agreed. 23· · · ·A.· ·Okay. 24· · · ·Q.· ·Thuan Phat Supermarket is where Cuc Le tripped 25· and fell on May 2nd, 2017, correct? ·1· · · ·A.· ·Yes. ·2· · · ·Q.· ·And you know that because you're an employee ·3· of the company? ·4· · · · · · MR. HOY:· Objection.· It's vague and ·5· overbroad. ·6· · · · · · You can answer. ·7· · · · · · THE WITNESS:· I'm a general manager that, you ·8· know, oversees the store that the Tran family owns. ·9· BY MR. NAKASE: 10· · · ·Q.· ·How are you related to Hieu Tran? 11· · · ·A.· ·No relation. 12· · · ·Q.· ·How long have you known Hieu Tran? 13· · · ·A.· ·Since 1993. 14· · · ·Q.· ·How do you know Hieu Tran? 15· · · ·A.· ·He was asking me to work for him. 16· · · ·Q.· ·Okay. 17· · · · · · Are you an immigrant from Vietnam? 18· · · ·A.· ·Yes. 19· · · ·Q.· ·Is Hieu Tran an immigrant? 20· · · ·A.· ·Yes. 21· · · ·Q.· ·How do you know that? 22· · · ·A.· ·We talk the same language. 23· · · ·Q.· ·Did you know him in Vietnam? 24· · · ·A.· ·No. 25· · · ·Q.· ·Sir, could you tell us your birth date, ·1· please? ·2· · · ·A.· ·September 6, 1963. ·3· · · ·Q.· ·And where were you born? ·4· · · ·A.· ·Soc Trang, Vietnam. ·5· · · ·Q.· ·And when did you -- did you immigrate to the ·6· United States? ·7· · · ·A.· ·Yes, I was a refugee. ·8· · · ·Q.· ·And when did you immigrate to the United ·9· States? 10· · · ·A.· ·1981. 11· · · ·Q.· ·Have you ever been convicted of a felony? 12· · · ·A.· ·No. 13· · · ·Q.· ·Have you ever given a deposition before? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·On how many occasions? 16· · · ·A.· ·Ten. 17· · · ·Q.· ·Ten occasions? 18· · · ·A.· ·Yes. 19· · · ·Q.· ·What were the purposes of those depositions 20· general? 21· · · ·A.· ·Business related. 22· · · ·Q.· ·What business related? 23· · · ·A.· ·For the supermarket. 24· · · ·Q.· ·What supermarket? 25· · · ·A.· ·The few supermarkets that Mr. Tran owns. ·1· · · ·Q.· ·What is the supermarket that Mr. Tran owns ·2· that you gave deposition testimony? ·3· · · ·A.· ·I have Shun Fat Supermarket, I have San Pablo ·4· Supermarket, and I have Westminster Super Store.· Some ·5· of them I may not remember correctly, but in general. ·6· · · ·Q.· ·Okay. ·7· · · · · · Sir, SF San Diego, Inc., how many locations ·8· does the company have for a grocery store? ·9· · · ·A.· ·SF Supermarket, Inc., there's only one. 10· · · ·Q.· ·No.· We're talking about SF San Diego, Inc. 11· · · ·A.· ·Just one. 12· · · ·Q.· ·Okay. 13· · · · · · And where is that located at? 14· · · ·A.· ·6935 Linda Vista Road in San Diego. 15· · · ·Q.· ·And how many -- and who's the president of 16· that company? 17· · · ·A.· ·Mr. Hieu Tran. 18· · · ·Q.· ·And how do you know this? 19· · · ·A.· ·I work with the company and I have the -- you 20· know, I have seen the paperwork for the corporation. 21· · · ·Q.· ·Okay. 22· · · · · · Are you the general manager for SF San Diego, 23· Inc.? 24· · · ·A.· ·Yes. 25· · · ·Q.· ·Do you -- can you give us an estimate as to ·1· how many employees SF San Diego, Inc. has at any given ·2· time? ·3· · · ·A.· ·Sixty. ·4· · · ·Q.· ·Sixty? ·5· · · ·A.· ·Yes. ·6· · · ·Q.· ·Have you spoken to Mr. Hieu Tran before giving ·7· your deposition? ·8· · · ·A.· ·No. ·9· · · ·Q.· ·Your counsel to your right, have you met him 10· before, Mr. Hoy? 11· · · ·A.· ·Yes. 12· · · ·Q.· ·On how many occasions have you met Mr. Hoy? 13· · · ·A.· ·Two. 14· · · ·Q.· ·And what were the dates of those meetings that 15· you met with Mr. Hoy? 16· · · ·A.· ·The first time I met him just for meeting and 17· he would tell me about -- 18· · · · · · MR. HOY:· No.· No details of the conversation. 19· All he wanted to know was the dates. 20· BY MR. NAKASE: 21· · · ·Q.· ·Okay. 22· · · · · · When was that? 23· · · ·A.· ·About two weeks ago. 24· · · ·Q.· ·Okay. 25· · · · · · And the second time you met Mr. Hoy? ·1· · · ·A.· ·Last week for the mediation. ·2· · · ·Q.· ·What mediation? ·3· · · · · · MR. HOY:· The one -- never mind. ·4· · · · · · Go ahead. ·5· · · · · · THE WITNESS:· The mediation for the cases for ·6· Ms. Cuc Le against the SF Supermarket -- SF San Diego, ·7· Inc. ·8· BY MR. NAKASE: ·9· · · ·Q.· ·Did Mr. Hoy prepare you for this deposition 10· here today?· I'm not asking about communication. 11· · · · · · MR. HOY:· Yeah, but hold on a second.· As I 12· interpret the court ruling on the San Diego Injury Law 13· Center motion to quash, this subject would qualify as 14· either attorney-client privilege or attorney work 15· product.· So -- okay.· So could you ask -- 16· · · · · · MR. NAKASE:· I ask it in court all the time. 17· It's not a big deal. 18· · · · · · MR. HOY:· I know, and listen, I was as shocked 19· as anyone when the court ruled that.· But you know I'm 20· not just going to walk away from that.· If that's how 21· she's thinking -- could you repeat the question and let 22· me see.· Let me -- let me -- 23· · · · · · MR. NAKASE:· I'm not going to go into what you 24· guys talked about. 25· · · · · · MR. HOY:· Yeah, but I'm just asking -- ·1· · · · · · MR. NAKASE:· Let me ask it again.· Okay? ·2· · · · · · MR. HOY:· Okay. ·3· BY MR. NAKASE: ·4· · · ·Q.· ·Did you meet with your counsel, Mr. Hoy, to ·5· prepare for your deposition? ·6· · · · · · MR. HOY:· I will let you testify whether you ·7· met with me in advance of your deposition. ·8· BY MR. NAKASE: ·9· · · ·Q.· ·Go ahead. 10· · · ·A.· ·Yes, I met Mr. Hoy and he explained to me -- 11· · · · · · MR. HOY:· Nope. 12· BY MR. NAKASE: 13· · · ·Q.· ·Nope.· That's fine. 14· · · ·A.· ·Okay. 15· · · ·Q.· ·Okay. 16· · · · · · When did you meet Mr. Hoy to prepare you for 17· your deposition? 18· · · ·A.· ·To the best of my recollection, it's like two 19· weeks ago on Wednesday -- Tuesday. 20· · · ·Q.· ·And how long did you meet with Mr. Hoy to 21· prepare for your deposition in terms of time? 22· · · ·A.· ·About thirty minutes. 23· · · ·Q.· ·Okay. 24· · · · · · And where was the meeting at? 25· · · ·A.· ·At Mr. Hoy's office. ·1· · · ·Q.· ·Was that in downtown San Diego? ·2· · · ·A.· ·Yes. ·3· · · ·Q.· ·Who are you employed by? ·4· · · ·A.· ·San Pablo Supermarket. ·5· · · ·Q.· ·Okay. ·6· · · · · · Do you receive a check from your employer? ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·And who is your employer? ·9· · · ·A.· ·San Pablo Supermarket, Inc. 10· · · ·Q.· ·Okay. 11· · · · · · And do you receive a check every week or every 12· two weeks? 13· · · ·A.· ·Every two weeks. 14· · · ·Q.· ·And the pay -- the employer on your paycheck, 15· who is that? 16· · · ·A.· ·San Pablo Supermarket, Inc. 17· · · ·Q.· ·Okay. 18· · · · · · Have you ever used any other name? 19· · · ·A.· ·No. 20· · · ·Q.· ·The next topic I want to talk about is your 21· education.· When you arrived to the United States in 19, 22· you said, 81 -- 23· · · ·A.· ·Yes. 24· · · ·Q.· ·-- did you go to school? 25· · · ·A.· ·I went to high school. ·1· · · ·Q.· ·Okay. ·2· · · · · · What high school did you go to? ·3· · · ·A.· ·To Groveton High School. ·4· · · ·Q.· ·Where is it located at? ·5· · · ·A.· ·In Alexandria, Virgina. ·6· · · ·Q.· ·Could you spell the high school for us? ·7· · · ·A.· ·Groveton, G-r-o-v-e-t-o-n. ·8· · · ·Q.· ·How many years did you attend that high ·9· school? 10· · · ·A.· ·Two. 11· · · ·Q.· ·And did you receive a high school diploma? 12· · · ·A.· ·No. 13· · · ·Q.· ·Did you graduate? 14· · · ·A.· ·No. 15· · · ·Q.· ·What did you do in terms of formal education 16· after high school? 17· · · ·A.· ·No.· Nothing.· I just went to work. 18· · · ·Q.· ·Okay. 19· · · · · · Did you go -- did you go to any vocational 20· school? 21· · · ·A.· ·No. 22· · · ·Q.· ·So that's perfect.· Then we're going to go 23· straight to your work.· Okay?· We're going to talk about 24· your work history and your employment history.· Is that 25· okay with you? ·1· · · ·A.· ·Fine. ·2· · · ·Q.· ·What year did you graduate high school? ·3· · · ·A.· ·I did not -- I did not graduate from high ·4· school. ·5· · · ·Q.· ·Okay. ·6· · · · · · What year did you end high school? ·7· · · ·A.· ·1983. ·8· · · ·Q.· ·And after high school, did you retain ·9· employment right afterward? 10· · · ·A.· ·Yes. 11· · · ·Q.· ·What employment did you -- 12· · · ·A.· ·Our family moved to Texas, so I worked for 13· Seabrook Seafood. 14· · · ·Q.· ·Seabrook? 15· · · ·A.· ·Yes, Seabrook. 16· · · ·Q.· ·Okay. 17· · · ·A.· ·S-e-a-b-r-o-o-k. 18· · · ·Q.· ·And that was in Texas? 19· · · ·A.· ·Yes. 20· · · ·Q.· ·And how many years were you there? 21· · · ·A.· ·Three. 22· · · ·Q.· ·And what did you do? 23· · · ·A.· ·I'm doing -- driving a truck to pick up the 24· seafood at the coast -- at the -- you know, around the 25· coast and bring back and doing salesman. ·1· · · ·Q.· ·Okay. ·2· · · · · · And what year to what year was that? ·3· · · ·A.· ·1984 to 1987. ·4· · · ·Q.· ·What did you do in terms of employment after ·5· 1987? ·6· · · ·A.· ·We moved to -- our family moved to Texas.· I'm ·7· sorry, moved to California. ·8· · · ·Q.· ·Where in California? ·9· · · ·A.· ·First in Alhambra. 10· · · ·Q.· ·Okay. 11· · · · · · And then did you receive employment? 12· · · ·A.· ·Yes. 13· · · ·Q.· ·Okay. 14· · · · · · What employment -- what did you do? 15· · · ·A.· ·I worked for Aihoa Supermarket.· A-i-h-o-a. 16· · · ·Q.· ·What year was that? 17· · · ·A.· ·1987. 18· · · ·Q.· ·What year did it end? 19· · · ·A.· ·1991. 20· · · ·Q.· ·What did you do at Aihoa Supermarket? 21· · · ·A.· ·What did I do there? 22· · · ·Q.· ·What did you do there? 23· · · ·A.· ·I work from -- I start from the seafood 24· department and then grocery, and the last year I worked 25· there, I became a store manager. ·1· · · ·Q.· ·How long were you a store manager? ·2· · · ·A.· ·Like a year. ·3· · · ·Q.· ·What did you do as store manager? ·4· · · ·A.· ·I ordered the merchandise for the grocery ·5· department and look after all the employees, daily ·6· operation. ·7· · · ·Q.· ·Okay. ·8· · · · · · When you were at Aihoa Supermarket, were you ·9· trained to identify trip hazards? 10· · · · · · MR. HOY:· If you understand what that phrase 11· means.· I will object as ambiguous. 12· · · · · · THE WITNESS:· Yes. 13· BY MR. NAKASE: 14· · · ·Q.· ·And what type of training did you receive for 15· identifying trip hazards? 16· · · ·A.· ·Just from the previous manager, every day we 17· need to keep the store clean and no obstruct in people 18· pathway. 19· · · ·Q.· ·Okay. 20· · · · · · And what does that mean?· What does that mean, 21· sir? 22· · · ·A.· ·That means make sure all, you know, floors are 23· clean. 24· · · ·Q.· ·And were you trained by an employee at Aihoa 25· Supermarket to identify trip hazards? ·1· · · ·A.· ·Yes. ·2· · · ·Q.· ·Did you receive any type of formal training ·3· from some sort of organization or professional? ·4· · · ·A.· ·No. ·5· · · ·Q.· ·After you went to Aihoa Supermarket -- after ·6· you worked at Aihoa Supermarket, which ended in 1991, ·7· what did you do next in terms of employment? ·8· · · ·A.· ·I worked for a company called Seawin Seafood, ·9· S-e-a-w-i-n. 10· · · ·Q.· ·What year was that? 11· · · ·A.· ·From '91 to '93. 12· · · ·Q.· ·And what did you do there? 13· · · ·A.· ·Salesman. 14· · · ·Q.· ·What did you sell? 15· · · ·A.· ·Seafood. 16· · · ·Q.· ·Were you also a manager? 17· · · ·A.· ·No, just salesperson.· Just retail and 18· wholesale.· We just do the sales only. 19· · · ·Q.· ·Okay. 20· · · · · · And after your employment at Seawin Seafood in 21· 1993, where did you work next? 22· · · ·A.· ·I worked for Shun Fat Supermarket. 23· · · ·Q.· ·How do you spell that? 24· · · ·A.· ·S-h-u-n, second word is F-a-t. 25· · · ·Q.· ·Is that a corporation or a d/b/a? ·1· · · · · · MR. HOY:· If you know.· If you know.· Don't ·2· speculate. ·3· · · · · · THE WITNESS:· Shun Fat Supermarket, Inc. ·4· BY MR. NAKASE: ·5· · · ·Q.· ·And is that the company that you're currently ·6· affiliated with today? ·7· · · ·A.· ·No.· Shun Fat Supermarket, Inc. is no longer ·8· in business. ·9· · · ·Q.· ·Okay. 10· · · · · · Who owns Shun Fat Supermarket, Inc., if you 11· know? 12· · · · · · MR. HOY:· Who did own? 13· · · · · · MR. NAKASE:· Yes. 14· BY MR. NAKASE: 15· · · ·Q.· ·Who did own when you were working at Shun Fat 16· Supermarket, Inc.? 17· · · ·A.· ·They have two people.· One of them is Michael 18· Do and then MinSu Do. 19· · · ·Q.· ·Was Hieu Tran affiliated with Shun Fat 20· Supermarket -- I'm sorry, Shun Fat, Inc.? 21· · · ·A.· ·Hieu Tran -- 22· · · ·Q.· ·At the time? 23· · · ·A.· ·-- owned the stock. 24· · · ·Q.· ·Okay. 25· · · · · · And what year was that, Shun Fat Supermarket, ·1· Inc.? ·2· · · ·A.· ·Shun Fat Supermarket, Inc. is 1993 to, I ·3· think, like 2016. ·4· · · ·Q.· ·Okay. ·5· · · · · · And were you employed at Shun Fat, Inc. from ·6· 1993 to 2016? ·7· · · ·A.· ·I manage -- do the work, but the payroll is at ·8· San Pablo when we opened the San Pablo Supermarket -- ·9· · · ·Q.· ·Okay. 10· · · ·A.· ·-- in 1999. 11· · · ·Q.· ·Okay, but were you an employee of Shun Fat, 12· Inc. from 1993 to 2016? 13· · · ·A.· ·From 2000 -- from 1993 to -- no -- 1993 to 14· 1999. 15· · · ·Q.· ·And what was your job title at Shun Fat, Inc.? 16· · · ·A.· ·At that time, it was store manager. 17· · · ·Q.· ·And how many stores did you manage? 18· · · ·A.· ·At this time? 19· · · ·Q.· ·No.· When you were an employee at Shun Fat, 20· Inc. in -- 21· · · ·A.· ·Just one. 22· · · ·Q.· ·Just one? 23· · · ·A.· ·Yes. 24· · · ·Q.· ·And where was that store located at? 25· · · ·A.· ·421 North Atlantic Boulevard, Monterey Park. ·1· · · ·Q.· ·And were you the general manager at Shun Fat, ·2· Inc. from 1993 to 1999? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·And when you were at Shun Fat, Inc., did you ·5· receive any formal training to identify trip hazards? ·6· · · ·A.· ·No. ·7· · · ·Q.· ·And when you were at Shun Fat -- when you were ·8· a general manager at Shun Fat, Inc., were there any ·9· persons who were injured at the store from a trip? 10· · · ·A.· ·In my recollection, maybe a couple, but I 11· don't remember exactly. 12· · · ·Q.· ·Okay. 13· · · · · · Do you remember what those people tripped over 14· while you were the general manager at Shun Fat, Inc. in 15· 1993 to 1999? 16· · · ·A.· ·I think they slipped and fell.· Not tripped on 17· anything. 18· · · ·Q.· ·Okay. 19· · · ·A.· ·Some water -- 20· · · ·Q.· ·Okay.· Got it. 21· · · ·A.· ·-- as I remember. 22· · · ·Q.· ·And after your -- after your employment at 23· Shun Fat, Inc., which ended in 1999, what did you do in 24· terms of employment? 25· · · ·A.· ·I still manage the store. ·1· · · ·Q.· ·Okay. ·2· · · · · · After 1999? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·Okay. ·5· · · · · · But who you were employed by? ·6· · · ·A.· ·San Pablo Supermarket, Inc. ·7· · · ·Q.· ·Did the name of Shun Fat, Inc. change to San ·8· Pablo? ·9· · · ·A.· ·No.· It's a different location. 10· · · ·Q.· ·Oh, okay. 11· · · · · · So you were employed by San Pablo Supermarket, 12· but you were still managing Shun Fat, Inc.? 13· · · ·A.· ·Yes. 14· · · ·Q.· ·Got it. 15· · · · · · How do you spell San Pablo Supermarket? 16· · · ·A.· ·S-a-n P-a-b-l-o. 17· · · ·Q.· ·Supermarket? 18· · · ·A.· ·San Pablo -- yes, Supermarket. 19· · · ·Q.· ·Is that the d/b/a or -- 20· · · ·A.· ·It's just San Pablo Supermarket, Inc., and 21· then d/b/a San Pablo Supermarket. 22· · · ·Q.· ·And what year were you employed by San Pablo, 23· Inc.? 24· · · ·A.· ·1999. 25· · · ·Q.· ·Ending in what year? ·1· · · ·A.· ·Until now.· Still current. ·2· · · ·Q.· ·And what did you do -- what is your role at ·3· San Pablo, Inc.? ·4· · · ·A.· ·Can you repeat again? ·5· · · ·Q.· ·What do you do?· What's your role? ·6· · · ·A.· ·Right now I manage, you know, a few stores ·7· that I doing remodel store, review document, interact ·8· with all the government agencies when needed, like ·9· health department.· You know, all the city compliance. 10· · · ·Q.· ·Okay. 11· · · · · · Are you an employee of SF San Diego, Inc., 12· here in San Diego? 13· · · · · · MR. HOY:· I'll object that it calls for a 14· legal conclusion, but you're certainly free to answer. 15· · · · · · THE WITNESS:· I manage, you know, the store 16· when it need -- when they have anything like equipment 17· failure, any document or anything that needs someone 18· have experience to handle, that's where I come from. 19· BY MR. NAKASE: 20· · · ·Q.· ·Okay. 21· · · · · · And who determines when you're needed at SF 22· San Diego, Inc.? 23· · · ·A.· ·The store manager would call me -- 24· · · ·Q.· ·Okay. 25· · · ·A.· ·-- any time they -- they need help. ·1· · · ·Q.· ·Are you the person that is most knowledgeable ·2· about trip hazards policy at SF San Diego, Inc.? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·Are you the person most knowledgeable about ·5· trip hazard procedures -- identifying trip hazard ·6· procedures at SF San Diego, Inc.? ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·Are you the person that created the policies ·9· and procedures for identifying trip hazards? 10· · · · · · MR. HOY:· Assumes facts not in evidence. 11· Lacks foundation. 12· · · · · · You can answer. 13· · · · · · THE WITNESS:· Yeah.· We don't create, but we 14· have, you know, the insurance company that they come to 15· the store every year and they look at everything that we 16· may need to be doing correctly.· So actually, they are 17· the ones who, you know, will give us some advice if they 18· see anything, but we have a form already expect us that, 19· you know, how to looking for the trip hazard in the 20· store, and we train the employee with that form -- with 21· that material. 22· BY MR. NAKASE: 23· · · ·Q.· ·And what's the form that you're talking about? 24· How many pages is it?· Well, that's a compound question. 25· · · · · · What is this form you're talking about? ·1· · · ·A.· ·I think Mr. Hoy maybe already provide it to ·2· you. ·3· · · · · · MR. HOY:· You can testify off your ·4· recollection, though.· I mean, if you have -- if you ·5· recall the form that he's talking about, then feel free ·6· to testify about it. ·7· · · · · · THE WITNESS:· Yeah.· It's called "Floor ·8· Monitoring." ·9· BY MR. NAKASE: 10· · · ·Q.· ·Is that part of the employee's manual? 11· · · ·A.· ·It's a separate form that, you know, we train 12· the janitor every day that -- you know, that's their job 13· to do. 14· · · ·Q.· ·Did you bring that form with you today? 15· · · ·A.· ·No. 16· · · ·Q.· ·Okay. 17· · · · · · Do you understand that the notice of 18· deposition asked you to bring such document with you? 19· · · ·A.· ·Oh, I checked with Katie, my risk manager, 20· about what type of form they would produce and provide 21· to Mr. Scott, and she said she did send it to him.· So I 22· didn't bring it. 23· · · · · · MR. HOY:· And I've already gone on the record 24· and said we're not going to be bringing documents every 25· time you ask for the same thing for every single ·1· witness.· If we produced it, it's been produced.· It's ·2· not my job to go through the documents we've produced ·3· for you to prepare for the deposition.· So he brought ·4· new documents.· I've already said that. ·5· · · · · · MR. NAKASE:· We don't have those documents. ·6· · · · · · MR. HOY:· Well, maybe you should look at the ·7· documents that we provided again. ·8· BY MR. NAKASE: ·9· · · ·Q.· ·Sir, what is the title of this document about 10· identifying trip hazard policies and procedures that 11· you're taking about? 12· · · ·A.· ·Floor monitoring -- I think it's called "Floor 13· Monitoring Procedures." 14· · · ·Q.· ·Okay. 15· · · · · · And how many pages is this document? 16· · · ·A.· ·I believe it's like three. 17· · · ·Q.· ·And who drafted this document? 18· · · ·A.· ·The general liability insurance, we -- I 19· think, Argo. 20· · · · · · MR. NAKASE:· Okay.· "Mark transcript." 21· BY MR. NAKASE: 22· · · ·Q.· ·Have you seen the employee's manual for SF San 23· Diego, Inc.? 24· · · ·A.· ·We may call different name, but I don't know 25· if you say -- what is "employee manual." ·1· · · ·Q.· ·Okay. ·2· · · · · · So would you say that you are the person that ·3· essentially makes all decisions for SF San Diego, Inc., ·4· besides Mr. Hieu Tran? ·5· · · · · · MR. HOY:· I object as very overbroad by the ·6· use of the word "all decisions." ·7· BY MR. NAKASE: ·8· · · ·Q.· ·Do you understand my question, sir? ·9· · · ·A.· ·Yes.· He was saying something and I try to 10· listen. 11· · · · · · MR. HOY:· Oh, yes.· I'm done.· When I'm done, 12· you can go ahead and answer. 13· BY MR. NAKASE: 14· · · ·Q.· ·Go ahead. 15· · · ·A.· ·Not all the decisions, but I would say daily 16· operations decision. 17· · · ·Q.· ·Okay. 18· · · · · · Are you authorized to speak for SF San Diego, 19· Inc.? 20· · · · · · MR. HOY:· I object.· Overbroad.· Vague as to 21· subject. 22· BY MR. NAKASE: 23· · · ·Q.· ·Are you authorized to speak for SF San Diego, 24· Inc., trip hazard policies and procedures? 25· · · ·A.· ·Yes. ·1· · · ·Q.· ·Are you authorized to speak for SF San Diego, ·2· Inc. -- strike that. ·3· · · · · · Did Hieu Tran authorize you to speak for SF ·4· San Diego, Inc., concerning trip hazard identification ·5· policies and procedures? ·6· · · ·A.· ·Yes. ·7· · · ·Q.· ·Are you authorized to speak for SF San Diego, ·8· Inc., concerning surveillance video electronics ·9· preservation? 10· · · · · · MR. HOY:· If you understand the question, you 11· can answer.· And if you don't understand, ask for 12· clarification, because I'll object as to unintelligible. 13· · · · · · THE WITNESS:· Can you repeat the question 14· again? 15· BY MR. NAKASE: 16· · · ·Q.· ·Did Hieu Tran authorize you to speak for SF 17· San Diego, Inc., concerning video surveillance 18· electronics -- sorry.· Did Hieu Tran authorize you to 19· speak for SF San Diego, Inc., concerning surveillance 20· videos preservation? 21· · · · · · MR. HOY:· I'll object to overbroad, but I will 22· instruct you to answer specifically only the question 23· that is asked.· So if Mr. Tran, you know, spoke to you 24· and gave you that authority, answer.· Don't make any 25· assumptions. ·1· · · · · · THE WITNESS:· Yes. ·2· BY MR. NAKASE: ·3· · · ·Q.· ·Okay. ·4· · · · · · Did Mr. Tran authorize you to speak on behalf ·5· of SF San Diego, Inc., concerning the company's ·6· recordkeeping policies and procedures? ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·Yes? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·Do you know who retained your lawyer to defend 11· this case -- the company's lawyer to defend this case? 12· · · ·A.· ·It's our insurance company. 13· · · ·Q.· ·And how do you know this? 14· · · ·A.· ·This is the thing that I do every day.· So if 15· some case arise, it will automatically go to our 16· insurance company. 17· · · ·Q.· ·And what's the name of the insurance company? 18· · · ·A.· ·Argo. 19· · · ·Q.· ·And what is the law firm that represents the 20· SF San Diego, Inc., in this trip hazard case? 21· · · ·A.· ·Bremer. 22· · · ·Q.· ·I'm sorry? 23· · · ·A.· ·Bremer. 24· · · ·Q.· ·Are you talking about Bremer Whyte? 25· · · ·A.· ·Yes. ·1· · · ·Q.· ·Okay. ·2· · · · · · And Bremer Whyte is an insurance defense law ·3· firm that has been retained by the insurance company ·4· Argonaut for this case? ·5· · · · · · MR. HOY:· It calls for speculation. ·6· · · · · · You can speak to what you know.· Only ·7· firsthand knowledge. ·8· · · · · · THE WITNESS:· Yeah, for this San Diego, Inc., ·9· case. 10· BY MR. NAKASE: 11· · · ·Q.· ·Is that a yes? 12· · · ·A.· ·Yes. 13· · · ·Q.· ·And how do you know this? 14· · · ·A.· ·I will contact -- when I -- my office email me 15· the complaint -- I think that's in November -- so I send 16· it to my risk manager -- 17· · · ·Q.· ·Okay. 18· · · ·A.· ·-- and then I got a letter from the attorney's 19· firm. 20· · · · · · MR. NAKASE:· Okay. 21· · · · · · Let's change to the next topic.· Okay?· I'm 22· going to invite your attention to Exhibit 63, please. 23· There are some exhibit books that are next to you in a 24· box.· It's to your right.· Exhibit 63, please. 25· · · · · · (Exhibit No. 63 was marked.) ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Do you understand that Cuc Le tripped and fell ·3· at SF Supermarket, Inc., on May 2nd, 2017? ·4· · · · · · MR. HOY:· Objection.· That's leading.· Assumes ·5· facts not in evidence.· No foundation.· Calls for ·6· speculation. ·7· BY MR. NAKASE: ·8· · · ·Q.· ·Sir, go ahead. ·9· · · ·A.· ·Can you repeat the question, again? 10· · · · · · MR. HOY:· Pay attention to every word -- 11· · · · · · THE WITNESS:· Okay. 12· · · · · · MR. HOY:· -- in the question. 13· BY MR. NAKASE: 14· · · ·Q.· ·Do you understand that trip Le -- strike that. 15· · · · · · Do you understand that Cuc Le tripped and fell 16· at SF San Diego, Inc., on May 2nd, 2017? 17· · · ·A.· ·I know accident, but I don't agree with "trip 18· and fell." 19· · · ·Q.· ·And why don't you agree that it was a 20· trip-and-fall? 21· · · ·A.· ·I take a look on the clip of the video. 22· · · ·Q.· ·Okay. 23· · · ·A.· ·And I saw her try to holding the shopping cart 24· and she fell. 25· · · ·Q.· ·Okay. ·1· · · ·A.· ·I don't see she trip anything. ·2· · · ·Q.· ·Okay. ·3· · · · · · THE STENOGRAPHER:· I'm sorry, what was she ·4· holding? ·5· · · · · · THE WITNESS:· She try to the shopping cart. ·6· · · · · · THE STENOGRAPHER:· Thank you. ·7· BY MR. NAKASE: ·8· · · ·Q.· ·And the basis of your knowledge is because you ·9· saw a surveillance video? 10· · · ·A.· ·Yes. 11· · · ·Q.· ·Okay. 12· · · · · · Do you understand that Cuc Le made a 13· settlement demand in this matter? 14· · · · · · MR. HOY:· Objection.· Relevance. 15· · · · · · You can answer. 16· · · · · · THE WITNESS:· Can you say one more time? 17· BY MR. NAKASE: 18· · · ·Q.· ·Did you know that Cuc Le made a settlement 19· demand in this matter -- in this case? 20· · · ·A.· ·You mean ask for how much to be settled? 21· · · ·Q.· ·Yes. 22· · · ·A.· ·Yes. 23· · · ·Q.· ·Good. 24· · · · · · Inviting your attention to Exhibit 63, please. 25· Go ahead, 63.· Do you have Exhibit 63 in front of you, ·1· sir? ·2· · · ·A.· ·Yes. ·3· · · ·Q.· ·For the record, Exhibit 63 is "Defendant SF ·4· San Diego, Inc., d/b/a SF Supermarket's Notice of Motion ·5· and Motion for a Protective Order Regarding:· Deposition ·6· of Hieu T. Tran; Memorandum of Points and Authorities; ·7· Request for Monetary Sanctions Against Plaintiff; and ·8· Declaration of Alexander M. Gianneto." ·9· · · · · · Did I read that correctly, sir? 10· · · ·A.· ·Yes. 11· · · ·Q.· ·And on the top left corner of page 1, Exhibit 12· 63, it says "Bremer Whyte Brown & O'Meara."· Do you see 13· that? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·Do you see that -- do you see your lawyer's 16· name on there? 17· · · ·A.· ·Yes. 18· · · ·Q.· ·Okay. 19· · · · · · Have you seen this document before? 20· · · ·A.· ·No.· I don't remember. 21· · · ·Q.· ·You don't remember? 22· · · ·A.· ·Yes. 23· · · ·Q.· ·Okay. 24· · · · · · Did you authorize -- did you authorize a 25· motion for a protective order to protect -- to preclude ·1· Hieu Tran from giving his deposition? ·2· · · · · · MR. HOY:· Objection.· Calls for speculation. ·3· · · · · · THE WITNESS:· Yes.· I remember at one point ·4· Katie asked me -- yeah, I -- deposition for Mr. Hieu ·5· Tran. ·6· BY MR. NAKASE: ·7· · · ·Q.· ·Okay. ·8· · · · · · And who is Katie?· And who's Katie? ·9· · · ·A.· ·Oh, Katie is risk manager who handles all the 10· insurance. 11· · · ·Q.· ·Okay. 12· · · · · · And she's an employee of what company? 13· · · ·A.· ·She's employed by H & T Seafood. 14· · · ·Q.· ·Is that the name of the company? 15· · · ·A.· ·Yes. 16· · · ·Q.· ·Is that an entity or a corporation? 17· · · ·A.· ·I don't know much about her. 18· · · ·Q.· ·Okay. 19· · · · · · And where is she located at? 20· · · ·A.· ·The office is in -- 5998 Lindberg Lane, but 21· she don't come there that much.· She stay in San 22· Gabriel. 23· · · ·Q.· ·And what's her -- 24· · · ·A.· ·She has an office there. 25· · · ·Q.· ·And what's her full name? ·1· · · ·A.· ·Kaiv -- Katie Kaiv, K-a-i-v. ·2· · · ·Q.· ·And how old do you estimate her to be? ·3· · · ·A.· ·I would say in the mid 40s. ·4· · · ·Q.· ·Do you know where she lives? ·5· · · ·A.· ·No.· It's Long Beach.· That's all. ·6· · · ·Q.· ·Okay. ·7· · · · · · And she has knowledge about Cuc Le's ·8· trip-and-fall matter? ·9· · · · · · MR. HOY:· Assumes facts not in evidence. 10· · · · · · THE WITNESS:· She handles the case, yes. 11· BY MR. NAKASE: 12· · · ·Q.· ·She handles this case? 13· · · ·A.· ·Yes. 14· · · ·Q.· ·Okay. 15· · · · · · And how do you know this? 16· · · ·A.· ·Because she's the one who handles all the 17· insurance related -- you know, if some customer -- some 18· accident, you know, we all send the paperwork to her. 19· She's the first people that the store sends the 20· documents to her. 21· · · ·Q.· ·Okay. 22· · · · · · And so did you authorize -- did you authorize 23· a motion to preclude Hieu Tran from giving his 24· deposition for Cuc Le's trip-and-fall? 25· · · ·A.· ·Yes. ·1· · · ·Q.· ·Inviting your attention to page 6.· Could I ·2· invite you to read Line 12 to Line 14, please, starting ·3· with "On November 21st, 2019"?· Go ahead. ·4· · · ·A.· ·Read aloud or just read -- ·5· · · ·Q.· ·Just go ahead and read it aloud. ·6· · · ·A.· ·"On November 21st, 2019, plaintiff sent a ·7· revised demand letter for $5 million, along with an ·8· email threatening to extort our insurance carrier and ·9· report the carrier to the California Department of 10· Insurance if plaintiff's demand was not accepted." 11· · · ·Q.· ·Okay. 12· · · · · · Sir, is the company's position that making a 13· settlement demand is an extortion to the company? 14· · · · · · MR. HOY:· Objection.· Instruct not to answer. 15· This is not reasonably calculated to lead to the 16· discovery of admissible evidence.· Settlement 17· discussions are privileged.· So you do not have to 18· answer that. 19· BY MR. NAKASE: 20· · · ·Q.· ·Sir, do you consider Cuc Le making extortion 21· to SF San Diego, Inc. for her injuries in this case? 22· · · · · · MR. HOY:· Same objection.· It's irrelevant 23· what he thinks. 24· BY MR. NAKASE: 25· · · ·Q.· ·Do you adopt your lawyer -- what your ·1· lawyer -- ·2· · · · · · THE STENOGRAPHER:· I'm sorry? ·3· BY MR. NAKASE: ·4· · · ·Q.· ·Do you adopt what your lawyer just said? ·5· · · ·A.· ·I don't totally understand what "adopt" means ·6· in this case, sorry. ·7· · · ·Q.· ·Okay. ·8· · · · · · Do you subscribe to what your lawyer just ·9· said? 10· · · ·A.· ·No comment. 11· · · ·Q.· ·No comment?· You don't want to comment on 12· whether the company considers Cuc Le's injury and asking 13· for money an extortion? 14· · · ·A.· ·Our attorney represents our company to dealing 15· with this issue.· I have them answer this question. 16· · · · · · MR. NAKASE:· "Mark transcript." 17· BY MR. NAKASE: 18· · · ·Q.· ·Sir, do you consider Cuc Le making a request 19· for settlement an extortion on SF San Diego, Inc.? 20· · · · · · MR. HOY:· Objection.· Overbroad.· Vague as to 21· the amount.· Vague as to basically every part of that 22· question, and irrelevant.· Not likely to lead to the 23· discovery of admissible evidence.· Any settlement 24· discussion is privileged.· Therefore, same topic, same 25· instruction. ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Go ahead, you may answer. ·3· · · · · · MR. HOY:· No, you may not answer. ·4· BY MR. NAKASE: ·5· · · ·Q.· ·Do you adopt everything your lawyer just said? ·6· · · ·A.· ·They represent us in this case.· If they say ·7· that's the privilege or the right not to answer, I'm not ·8· answering. ·9· · · ·Q.· ·Okay. 10· · · · · · But it's a court document.· It's public 11· record.· It's going to come in at trial. 12· · · · · · MR. HOY:· Then let it come in, and it can be 13· handled by attorneys.· This is not the person to ask 14· about it.· You're the attorney, right?· I'm the 15· attorney.· That's who's going to handle it.· Your asking 16· him is completely improper.· So it's badgering, it's 17· harassing the witness.· So keep on, keep on going on. 18· Just making you look bad. 19· BY MR. NAKASE: 20· · · ·Q.· ·Do you adopt everything your lawyer just said, 21· sir? 22· · · · · · MR. HOY:· Yes.· He's answered it many times. 23· I speak for him when it comes to the law. 24· · · · · · THE WITNESS:· Yes. 25· · · · · · MR. HOY:· Yes. ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Okay. ·3· · · · · · Do you consider, sir, that Cuc Le asking for ·4· money from SF San Diego, Inc., for injuries is ·5· extortion? ·6· · · · · · MR. HOY:· I could let you answer this one. ·7· · · · · · THE WITNESS:· In normal circumstance, in my ·8· idea, it depends on the injury, and the insurance, and ·9· the store handling this case.· So it's the amount that 10· people ask, everybody else will make the judgment. I 11· have no word for myself. 12· BY MR. NAKASE: 13· · · ·Q.· ·Okay. 14· · · · · · You authorized this -- this motion for 15· protective order, didn't you? 16· · · ·A.· ·Yes. 17· · · ·Q.· ·Okay. 18· · · · · · So if you authorized it, why do you not have 19· an opinion? 20· · · ·A.· ·I have an opinion, but I don't agree with -- 21· you know, I cannot be -- agree with anything. 22· · · ·Q.· ·Thank you very much. 23· · · ·A.· ·You're welcome. 24· · · ·Q.· ·Is it the company's position that Cuc Le is 25· extorting money from SF San Diego, Inc.? ·1· · · · · · MR. HOY:· Objection.· It calls for a legal ·2· conclusion.· He is not the attorney.· He doesn't ·3· formulate the legal arguments. ·4· · · · · · So let me ask you this, Mr. Trieu, do you ·5· feel qualified to testify as to the legal arguments that ·6· Mr. Nakase is asking you? ·7· · · · · · MR. NAKASE:· "Mark transcript." ·8· · · · · · MR. HOY:· What I am telling you, pay attention ·9· to his questions.· This is completely improper, right? 10· · · · · · THE WITNESS:· Yes. 11· · · · · · MR. HOY:· So. 12· · · · · · MR. NAKASE:· Mr. Hoy, you're being 13· obstreperous.· I invite you to just make your objections 14· so we can just -- 15· · · · · · MR. HOY:· And I invite you to make this an 16· actual deposition and not your little crusade on a 17· settlement discussion that is privileged, that will 18· never see the light of day. 19· BY MR. NAKASE: 20· · · ·Q.· ·Mr. Trieu -- Mr. Trieu, is that it? 21· · · ·A.· ·Yes. 22· · · ·Q.· ·Did you have any discussion, besides outside 23· of your counsel, that Cuc Le is making an extortion 24· money demand for her injury in this trip-and-fall case? 25· · · · · · MR. HOY:· Do you want to set the amount so you ·1· have everything there?· Do you want to put in the fact ·2· that it was $5 million?· Will that help you? ·3· · · · · · THE WITNESS:· Yeah, earlier I would say the ·4· amount of the asking is -- let everybody else make that ·5· judgment. ·6· BY MR. NAKASE: ·7· · · ·Q.· ·Anything else? ·8· · · ·A.· ·No. ·9· · · ·Q.· ·Okay. 10· · · · · · Did you review any documents in order to 11· prepare for your deposition? 12· · · · · · MR. HOY:· Asked and answered. 13· · · · · · THE WITNESS:· Yeah.· I reviewed this request 14· for the deposition. 15· BY MR. NAKASE: 16· · · ·Q.· ·Okay. 17· · · · · · Can I invite you to take a look at the notice 18· of deposition?· Do you remember seeing that it asked you 19· to bring the employee's manual for SF Supermarket, Inc.? 20· Sorry.· Do you remember that the notice of deposition 21· asked you to bring the employee's manual for SF San 22· Diego, Inc.? 23· · · · · · MR. HOY:· Do you want to tell him which 24· request, so we can find it? 25 ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Do you remember it?· Do you need to look at it ·3· to refresh your recollection, sir? ·4· · · ·A.· ·Yes, I need, because you -- there were quite a ·5· few things, and I can't remember anything. ·6· · · · · · MR. HOY:· Interesting.· The employee handbook ·7· is not in this list. ·8· · · · · · (Exhibit No. 50 was marked.) ·9· BY MR. NAKASE: 10· · · ·Q.· ·Let me ask you this -- inviting your attention 11· to Exhibit 50, please. 12· · · · · · THE STENOGRAPHER:· Fifty? 13· · · · · · MR. NAKASE:· Fifty. 14· · · · · · THE STENOGRAPHER:· Thank you. 15· · · · · · THE WITNESS:· Oh, you're talking about 16· employee handbook? 17· BY MR. NAKASE: 18· · · ·Q.· ·Yes. 19· · · ·A.· ·Yeah.· You said manual.· So I -- 20· · · ·Q.· ·Okay. 21· · · ·A.· ·-- I try to be word by word.· Sorry about 22· that. 23· · · · · · MR. HOY:· It's okay, but it wasn't in this 24· anyway.· You were right. 25 ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Sir -- do you recognize Exhibit 50, sir? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·And how do you recognize Exhibit 50? ·5· · · ·A.· ·Oh, I saw this one many times. ·6· · · ·Q.· ·And how many times did you -- could you ·7· identify Exhibit 50 for us, please? ·8· · · ·A.· ·It's called "SF Supermarket California ·9· Employee Handbook." 10· · · ·Q.· ·Okay. 11· · · · · · And for the record, Exhibit 50 has two Bates 12· numbers on it -- 13· · · · · · MR. HOY:· Do you know what a Bates number is? 14· · · · · · MR. NAKASE:· I'm just making a record.· The 15· Bates numbers start at SFSUPER000053 ending in the last 16· page SFSUPER000105. 17· BY MR. NAKASE: 18· · · ·Q.· ·On how many occasions have you seen SF 19· Supermarket Employee -- California Employee Handbook? 20· · · ·A.· ·How many pages? 21· · · ·Q.· ·How many times have you seen it? 22· · · ·A.· ·Oh, I don't remember. 23· · · ·Q.· ·Okay. 24· · · ·A.· ·I have seen it -- 25· · · ·Q.· ·Many times? ·1· · · ·A.· ·-- many times. ·2· · · ·Q.· ·Give us your best estimate.· 100 times? ·3· 200 times?· A thousand times? ·4· · · ·A.· ·Twenty. ·5· · · ·Q.· ·Twenty times? ·6· · · ·A.· ·Yes. ·7· · · ·Q.· ·And is the -- this employee's handbook in ·8· Exhibit 50, is that the handbook that is given to the ·9· company's employees? 10· · · ·A.· ·We not give out to employees. 11· · · ·Q.· ·Why don't you give it out to the employees? 12· · · ·A.· ·We let them review it and we keep it. 13· · · ·Q.· ·Okay. 14· · · · · · Do you make the employees sign anything to say 15· that they reviewed the handbook -- the employee 16· handbook? 17· · · ·A.· ·In general, yes, but different stores have 18· different personnel handle -- 19· · · ·Q.· ·I'm just asking about SF San Diego, Inc., here 20· in San Diego. 21· · · ·A.· ·Okay. 22· · · ·Q.· ·Is this handbook -- the employee handbook 23· reflected in Exhibit 50, a handbook that's given to each 24· and every employee when they are hired? 25· · · · · · MR. HOY:· Asked and answered. ·1· · · · · · THE WITNESS:· You say -- can you repeat again? ·2· I try to make sure I give the right answer. ·3· BY MR. NAKASE: ·4· · · ·Q.· ·Okay. ·5· · · · · · I'm not trying to be tricky.· I'm just asking ·6· simply, is Exhibit 50, SF Supermarket California ·7· Employee Handbook, given to all employees by SF San ·8· Diego, Inc., when the employees are hired? ·9· · · ·A.· ·The store manager at SF Supermarket, Inc., is 10· the one who can give the best answer. 11· · · ·Q.· ·Okay. 12· · · · · · But this here -- this employee handbook in 13· Exhibit 50 is the employee's handbook for SF San Diego, 14· Inc.? 15· · · ·A.· ·Yes.· For all the -- for all the store. 16· · · ·Q.· ·Okay. 17· · · · · · Have you read this book before, the employee 18· handbook? 19· · · ·A.· ·Yes. 20· · · ·Q.· ·And do you know what's in it? 21· · · ·A.· ·Yes. 22· · · ·Q.· ·Okay. 23· · · · · · Does it say anything about trip hazards? 24· · · ·A.· ·Not specifically.· We generally talk about 25· safety. ·1· · · ·Q.· ·Okay. ·2· · · · · · Generally, what does it talk about in the ·3· employee handbook? ·4· · · ·A.· ·It is in here.· Do you want -- ·5· · · ·Q.· ·I just want you to tell us.· I'm not asking ·6· you to look at a document.· I'm just asking you, what do ·7· you recall reading about trip hazards in the employee ·8· handbook? ·9· · · ·A.· ·I don't remember all the details in the 10· handbook.· I know it's in general the employee how to be 11· complying with the company. 12· · · ·Q.· ·Okay. 13· · · · · · Did you participate in drafting the trip 14· hazard procedures identified in the handbook? 15· · · ·A.· ·No. 16· · · ·Q.· ·Do you know who did? 17· · · ·A.· ·You're talking about drafting the whole 18· handbook in here? 19· · · ·Q.· ·No, not the whole handbook.· Trip hazards. 20· · · · · · MR. HOY:· If you know, but don't guess.· Don't 21· speculate.· If you know somebody who wrote a trip hazard 22· portion, then give him that answer. 23· · · · · · THE WITNESS:· No. 24· BY MR. NAKASE: 25· · · ·Q.· ·Okay. ·1· · · · · · Do you know if this handbook, SF Supermarket ·2· California Employee Handbook, is written in any other ·3· languages? ·4· · · ·A.· ·No. ·5· · · ·Q.· ·You don't know or there isn't? ·6· · · ·A.· ·No. ·7· · · ·Q.· ·I don't understand your answer. ·8· · · ·A.· ·Yeah.· We don't have any different -- in ·9· different language. 10· · · ·Q.· ·Okay. 11· · · · · · So as you can see, this employee handbook in 12· Exhibit 50 is written in English.· Do you agree? 13· · · ·A.· ·Yes. 14· · · ·Q.· ·Okay. 15· · · · · · And English is the only language this handbook 16· is written in? 17· · · ·A.· ·Yes. 18· · · ·Q.· ·It's not written in Chinese? 19· · · ·A.· ·No. 20· · · ·Q.· ·And it's not written in Vietnamese? 21· · · ·A.· ·No. 22· · · ·Q.· ·No, it isn't? 23· · · ·A.· ·Not written in Vietnamese. 24· · · ·Q.· ·Okay. 25· · · · · · Not in Chinese either? ·1· · · ·A.· ·Not in Chinese. ·2· · · ·Q.· ·Sir, are you married? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·Do you have a family? ·5· · · ·A.· ·Yes. ·6· · · ·Q.· ·How long have you been married, sir? ·7· · · ·A.· ·Married for 32 years. ·8· · · ·Q.· ·What is your wife's name? ·9· · · ·A.· ·Nga Tran. 10· · · ·Q.· ·How do you spell that? 11· · · ·A.· ·N-g-a, last name T-r-a-n. 12· · · ·Q.· ·Does she reside with you? 13· · · ·A.· ·Yes.· I have a very schedule -- very busy 14· schedule.· So I live up north in Pinole.· My house in -- 15· we own a house in El Monte.· My wife lives in El Monte. 16· Sometimes she goes with me on the trip. 17· · · ·Q.· ·Okay. 18· · · · · · Do you have children, sir? 19· · · ·A.· ·Yeah, we have three. 20· · · ·Q.· ·And how old are your children, sir? 21· · · ·A.· ·Thirty-two, 26, and 22. 22· · · ·Q.· ·And do they live with you? 23· · · ·A.· ·Two of my daughters live in San Francisco. 24· Only my son lives at the house in El Monte. 25· · · ·Q.· ·Your son lives with your wife? ·1· · · ·A.· ·Yes. ·2· · · ·Q.· ·Okay. ·3· · · · · · Does anybody live with you in Pinole? ·4· · · ·A.· ·No. ·5· · · ·Q.· ·Your residence in Pinole, is that something ·6· you purchased or you rent? ·7· · · ·A.· ·The company's home. ·8· · · ·Q.· ·Okay. ·9· · · · · · And your home in El Monte where your wife 10· resides, is that -- 11· · · ·A.· ·We own. 12· · · ·Q.· ·You own -- you personally own? 13· · · ·A.· ·Yes. 14· · · ·Q.· ·Not the company? 15· · · ·A.· ·No. 16· · · ·Q.· ·Okay. 17· · · · · · The company doesn't own the home where your 18· wife resides? 19· · · ·A.· ·No. 20· · · ·Q.· ·Okay. 21· · · · · · Sir, if you were to lose your job, would it 22· create hardship for your family? 23· · · ·A.· ·Anybody lose their job, you know, would be -- 24· you know, have like -- affect the family. 25· · · ·Q.· ·Okay. ·1· · · · · · I'm asking you if you were to lose your job, ·2· because of this case, would you -- would it create ·3· hardship for your family? ·4· · · ·A.· ·I'm not going to lose my job because of this ·5· case. ·6· · · ·Q.· ·Okay. ·7· · · · · · And how do you know that? ·8· · · ·A.· ·Because I work, you know, for long time with ·9· the company. 10· · · ·Q.· ·Okay. 11· · · · · · And you will say whatever it takes to protect 12· your job; is that correct? 13· · · · · · MR. HOY:· Objection.· Argumentative. 14· BY MR. NAKASE: 15· · · ·Q.· ·Go ahead. 16· · · ·A.· ·Not like that.· I'm not going to lie on 17· anything.· I have no reason for lying on anything. 18· · · ·Q.· ·Okay. 19· · · · · · You would say anything to protect your friend 20· Hieu Tran; is that correct? 21· · · · · · MR. HOY:· Objection.· Argumentative. 22· · · · · · THE WITNESS:· I always say the truth. 23· BY MR. NAKASE: 24· · · ·Q.· ·Do you know if Hieu Tran drafted this handbook 25· reflected in Exhibit 50? ·1· · · ·A.· ·No. ·2· · · ·Q.· ·Do you know if Hieu Tran participated in ·3· drafting the policies and procedures for the employee ·4· handbook? ·5· · · ·A.· ·I don't know how much he's involved. ·6· · · ·Q.· ·Do you know if Hieu Tran required the ·7· employees to receive a copy of this employee's handbook ·8· reflected in Exhibit 50? ·9· · · ·A.· ·At this point, we did not give out the 10· handbook.· That's all I know. 11· · · ·Q.· ·Oh, you don't give out the handbook? 12· · · ·A.· ·Yes.· We give to the employee to review, but 13· then we keep it. 14· · · ·Q.· ·Okay. 15· · · · · · Do you make the employees sign anything to 16· acknowledge that they reviewed the employee handbook 17· reflected in Exhibit 50? 18· · · · · · MR. HOY:· Asked and answered.· Also vague as 19· to which company and if there's a uniform practice 20· amongst the companies. 21· BY MR. NAKASE: 22· · · ·Q.· ·Sir, for the purpose of this deposition, we're 23· only talking about SF San Diego, Inc. 24· · · · · · Do you understand that? 25· · · ·A.· ·Yes. ·1· · · ·Q.· ·That was your understanding this entire ·2· deposition? ·3· · · ·A.· ·I'm a little confused earlier, because you ·4· would ask me -- you know, my job is to look at a few ·5· stores.· So now we just say concentrate on this store. ·6· · · ·Q.· ·We're concentrating on this store. ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·Okay. ·9· · · · · · Everything that we just talked about 10· concerning Exhibit 50, the SF Supermarket California 11· Handbook, did you understand that we were only talking 12· about SF San Diego, Inc.? 13· · · ·A.· ·Yes. 14· · · ·Q.· ·All the questions that you answered earlier, 15· you understand that it only pertained to SF San Diego, 16· Inc., in connection with the employee handbook reflected 17· in Exhibit 50; is that correct? 18· · · · · · MR. HOY:· Vague as to all the questions that 19· you were asking before. 20· · · · · · THE WITNESS:· Yes. 21· BY MR. NAKASE: 22· · · ·Q.· ·Did you ever discuss with Hieu Tran the 23· employee handbook? 24· · · · · · MR. HOY:· Again, only with this SF San Diego, 25· Inc. ·1· · · · · · THE WITNESS:· No. ·2· BY MR. NAKASE: ·3· · · ·Q.· ·Okay. ·4· · · · · · MR. NAKASE:· I agree with your counsel, we're ·5· just talking about SF San Diego, Inc. ·6· · · · · · THE WITNESS:· Okay. ·7· BY MR. NAKASE: ·8· · · ·Q.· ·All right. ·9· · · · · · Do you report to Hieu Tran, sir, concerning SF 10· Supermarket -- sorry, SF San Diego, Inc.?· We're only 11· talking about SF San Diego, Inc.· Can we agree on that? 12· · · ·A.· ·Yes. 13· · · ·Q.· ·Okay. 14· · · · · · Do you report to Hieu Tran? 15· · · ·A.· ·Would you -- specifically report about what? 16· · · ·Q.· ·I'm just asking you a general question.· Do 17· you report for any reasons to Hieu Tran concerning SF 18· San Diego, Inc.? 19· · · ·A.· ·In general, no. 20· · · ·Q.· ·Okay. 21· · · · · · What do you -- when do you report to Hieu 22· Tran? 23· · · ·A.· ·Would you give me a little more direction when 24· you say "report"?· Because normally I don't report to 25· him on the daily operations things. ·1· · · ·Q.· ·How frequently do you talk to Mr. Hieu Tran? ·2· · · ·A.· ·Probably like once in two days or three days. ·3· · · ·Q.· ·Okay. ·4· · · · · · And these occasions that you talk to Hieu ·5· Tran, what do you guys talk about? ·6· · · ·A.· ·We -- majority is remodel new store. ·7· · · ·Q.· ·Okay. ·8· · · · · · I'm not going to ask you about how much you're ·9· being paid, but I'm going to ask you a general question. 10· For your role as a general manager of SF San Diego, 11· Inc., are you paid six figures? 12· · · ·A.· ·Yes. 13· · · ·Q.· ·Does Margie Wong report to you? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·Does Margie Wong report to Hieu Tran? 16· · · ·A.· ·I don't know. 17· · · ·Q.· ·Sir, for the store SF San Diego, Inc., here in 18· San Diego, how many times do you visit the store on a 19· monthly basis? 20· · · ·A.· ·I don't have a fixed schedule, but I come to 21· the store probably more than ten times a year. 22· · · ·Q.· ·Okay. 23· · · · · · And how long do you stay at the store, SF San 24· Diego, Inc.? 25· · · ·A.· ·Half day to one day. ·1· · · ·Q.· ·Okay. ·2· · · ·A.· ·Sometimes I stay a couple of days. ·3· · · ·Q.· ·Okay. ·4· · · · · · And during those occasions, do you get to ·5· observe all the customers that walk in and out of the ·6· store? ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·And can you give us your best estimate as to ·9· how many percent of the customers are above 60 years 10· old? 11· · · · · · MR. HOY:· Vague as to time.· Calls for 12· speculation.· Lacks foundation. 13· · · · · · THE WITNESS:· You're talking about percentage? 14· BY MR. NAKASE: 15· · · ·Q.· ·Yes.· You can tell when people are -- you can 16· give an estimate when you can look at somebody and say, 17· Oh, they're above 60, right? 18· · · ·A.· ·Uh-huh. 19· · · ·Q.· ·Do you agree? 20· · · ·A.· ·Yes. 21· · · ·Q.· ·Okay. 22· · · · · · And you've been to the store many, many times, 23· correct? 24· · · ·A.· ·Yeah.· I would say 10 percent. 25· · · ·Q.· ·Ten percent of your -- the customers at the ·1· store is over 60 years old? ·2· · · ·A.· ·Yes. ·3· · · ·Q.· ·Okay. ·4· · · · · · And how do you know this? ·5· · · ·A.· ·I pay attention. ·6· · · ·Q.· ·Okay. ·7· · · · · · And you know this because you've been in the ·8· store and you've observed the customers that walk in and ·9· out of the store? 10· · · ·A.· ·Yeah.· When I get a chance, I look around. 11· · · ·Q.· ·Okay. 12· · · · · · How many percent of the customers do you 13· estimate are above 70 years old? 14· · · ·A.· ·I don't know. 15· · · ·Q.· ·The best estimate? 16· · · ·A.· ·I don't know.· You cannot tell between 60 and 17· 70 with Asian people.· Asian very hard to look at the 18· age -- 19· · · ·Q.· ·Okay. 20· · · ·A.· ·-- sorry. 21· · · ·Q.· ·And you're Asian, sir? 22· · · ·A.· ·Yes, I would say that. 23· · · ·Q.· ·Okay. 24· · · · · · And you're able -- are you able to tell from 25· looking at those people if they are over 70 years old or ·1· not? ·2· · · ·A.· ·I would not try. ·3· · · ·Q.· ·Okay. ·4· · · ·A.· ·It's hard. ·5· · · ·Q.· ·Is it your testimony that when you look at a ·6· person you cannot tell whether a person is over 70 years ·7· old or not that walks into your store? ·8· · · ·A.· ·You can guess, but, you know, we don't want to ·9· say anything if we guess. 10· · · ·Q.· ·I'm not asking you to guess.· I'm giving you 11· an estimate. 12· · · ·A.· ·Uh-huh. 13· · · ·Q.· ·Do you know what an estimate is? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·Okay. 16· · · · · · Do you know what a guess is? 17· · · ·A.· ·Yes. 18· · · ·Q.· ·Okay. 19· · · · · · Let me share with you.· A guess is if I asked 20· you how much money is in my wallet, would you know? 21· · · ·A.· ·No. 22· · · ·Q.· ·Would you be able to estimate? 23· · · ·A.· ·Yes.· You can say any number. 24· · · ·Q.· ·Okay. 25· · · · · · You'd have to guess, right, because you don't ·1· have any basis; is that correct? ·2· · · ·A.· ·Yes. ·3· · · ·Q.· ·All right. ·4· · · · · · If I asked you how much money you have in your ·5· wallet, would you be able to give us your estimate? ·6· · · ·A.· ·I can give you the estimate. ·7· · · ·Q.· ·Perfect.· The reason why you're able to give ·8· an estimate is because you have personal knowledge and ·9· you've seen it; is that correct? 10· · · ·A.· ·Yes. 11· · · ·Q.· ·Okay. 12· · · · · · So I'm asking you, are you able to give an 13· estimate of how many people that walk into the store are 14· above 70 years old? 15· · · · · · MR. HOY:· Asked and answered.· Calls for 16· speculation. 17· · · · · · THE WITNESS:· I would say -- you say daily 18· basis, it's hard.· Every day people come in at different 19· times, different -- 20· · · · · · MR. HOY:· Yes, and if you are unable, don't 21· make him give an estimate, right?· You are either able 22· or you're not.· If he asks 20 times, just because you 23· feel pressured doesn't mean you have to come up with a 24· guess. 25· · · · · · THE WITNESS:· Yes, that's fine. ·1· · · · · · MR. NAKASE:· Okay. ·2· · · · · · I'm going to invite your counsel not to make ·3· speaking objections. ·4· BY MR. NAKASE: ·5· · · ·Q.· ·So I'm going to ask you one more time.· How ·6· many times, have you -- ·7· · · · · · MR. HOY:· I'm going to decline that when I ·8· feel the need based on your questions. ·9· BY MR. NAKASE: 10· · · ·Q.· ·Sir, over the last ten years, how many times 11· do you estimate you've been to the store, SF San Diego, 12· Inc., in San Diego? 13· · · ·A.· ·So we have 11 years, and I have, like, at 14· least more than ten times.· That's how -- 15· · · ·Q.· ·Okay. 16· · · · · · Ten times per year? 17· · · ·A.· ·At least. 18· · · ·Q.· ·Okay. 19· · · · · · So ten years -- over ten years you've visited 20· the store here in San Diego over a hundred times? 21· · · ·A.· ·Yeah. 22· · · ·Q.· ·Okay. 23· · · · · · And during the a hundred times that you've 24· been to the store, you're there for at least half a day 25· to a full day; is that correct? ·1· · · ·A.· ·Yes. ·2· · · ·Q.· ·And sometimes you stay for over three days? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·Okay. ·5· · · · · · And you're there the entire day? ·6· · · ·A.· ·Yes, when we do remodel. ·7· · · ·Q.· ·Okay. ·8· · · · · · And when you look at a person, generally, are ·9· you able to identify if a person is over 70 years old or 10· not? 11· · · · · · MR. HOY:· Asked and answered. 12· · · · · · THE WITNESS:· I don't look at people's age. 13· BY MR. NAKASE: 14· · · ·Q.· ·Okay. 15· · · ·A.· ·So I can't give you answer. 16· · · ·Q.· ·Okay. 17· · · · · · When you look at a person, are you able to 18· estimate a person's age or not? 19· · · · · · MR. HOY:· Incomplete hypothetical. 20· · · · · · THE WITNESS:· If you say "general," from young 21· to old, I could -- I could estimate. 22· BY MR. NAKASE: 23· · · ·Q.· ·When you have a customer that walks into your 24· store here in San Diego, are you able to give an 25· estimate, generally, about whether a customer's over ·1· 70 years old or not? ·2· · · · · · MR. HOY:· Asked and answered. ·3· · · · · · THE WITNESS:· Like I tell you before, between ·4· 60 and 70 is hard to estimate.· So I would say, maybe -- ·5· if you tell me older than 60, yes.· If you say 60, 70, ·6· 80, I can't. ·7· BY MR. NAKASE: ·8· · · ·Q.· ·No.· I'm just talking about over 70 years old. ·9· Okay?· Can we agree on that? 10· · · ·A.· ·Yes. 11· · · · · · MR. HOY:· That's not what you asked before. 12· BY MR. NAKASE: 13· · · ·Q.· ·When you look at your customers who walk into 14· your store here in San Diego, are you able to estimate 15· whether or not they're over 70 years old? 16· · · · · · MR. HOY:· Asked and answered. 17· BY MR. NAKASE: 18· · · ·Q.· ·Over 70 years old. 19· · · ·A.· ·I can estimate. 20· · · ·Q.· ·Okay. 21· · · · · · So to the best of your knowledge, are you able 22· to estimate how many percent of your customers who visit 23· the store are over the age of 70? 24· · · · · · MR. HOY:· Vague as to time, but you can 25· answer, if you can. ·1· · · · · · THE WITNESS:· Maybe one percent. ·2· BY MR. NAKASE: ·3· · · ·Q.· ·Okay. ·4· · · · · · And how many customers do you estimate come ·5· into your store on an annual basis? ·6· · · · · · MR. HOY:· Calls for speculation. ·7· BY MR. NAKASE: ·8· · · ·Q.· ·Your best estimate. ·9· · · ·A.· ·Okay. 10· · · · · · Repeat again.· You said yearly basis?· On a 11· monthly -- 12· · · ·Q.· ·Let's do this. 13· · · ·A.· ·Okay. 14· · · ·Q.· ·On any given day, can you give us your 15· estimate of how many people -- how many customers visit 16· your store here in san Diego? 17· · · · · · MR. HOY:· Calls for speculation. 18· · · · · · THE WITNESS:· I guess about 8- to 900 on the 19· weekday transactions. 20· BY MR. NAKASE: 21· · · ·Q.· ·Okay. 22· · · ·A.· ·But, you know -- 23· · · ·Q.· ·You said you guess.· I'm asking you for your 24· estimate. 25· · · ·A.· ·Yeah, estimate. ·1· · · ·Q.· ·Okay. ·2· · · · · · You estimate about 8- to 900 customers visit ·3· your store on a daily basis? ·4· · · ·A.· ·Yes, on a weekday. ·5· · · ·Q.· ·On a weekday. ·6· · · · · · What about a weekend? ·7· · · ·A.· ·Weekend, probably like 1,200. ·8· · · ·Q.· ·Okay. ·9· · · · · · 1,200 people? 10· · · ·A.· ·1,200 transactions. 11· · · ·Q.· ·Okay. 12· · · ·A.· ·It doesn't mean that 1,200 people.· They may 13· buy in the morning and forgot something, come back, so 14· just, you know, transactions. 15· · · ·Q.· ·Okay. 16· · · · · · Let's just say about it's about -- give or 17· take on any given day on an average for a whole week, 18· it's about a thousand customers that walk into your 19· store on any given day? 20· · · · · · MR. HOY:· Misstates testimony.· Calls for 21· speculation. 22· BY MR. NAKASE: 23· · · ·Q.· ·Do you agree?· We've got 800, we've got 1,200, 24· I'm averaging that and I'm saying a thousand. 25· · · ·A.· ·How about let's take 800. ·1· · · ·Q.· ·Okay, 800. ·2· · · · · · And Cuc Le -- are you familiar with Cuc Le? ·3· · · ·A.· ·No. ·4· · · ·Q.· ·The plaintiff in this case. ·5· · · ·A.· ·I heard the name. ·6· · · ·Q.· ·Okay. ·7· · · · · · And do you understand that Cuc Le came into ·8· your store on May 2nd, 2017?· Is that your ·9· understanding? 10· · · ·A.· ·Understanding, yes. 11· · · ·Q.· ·Okay. 12· · · · · · And that's because you saw the video; is that 13· correct? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·Okay. 16· · · · · · And was Cuc Le in your store to go shopping? 17· · · · · · MR. HOY:· Calls for speculation. 18· · · · · · THE WITNESS:· I think every customer come to 19· the store would be shopping. 20· BY MR. NAKASE: 21· · · ·Q.· ·Okay. 22· · · · · · And that's the intent, to have people to come 23· into the store and buy groceries; is that correct? 24· · · ·A.· ·Yes. 25· · · ·Q.· ·Do you have any reason to believe that Cuc Le ·1· came into your store for any other reason than to buy ·2· groceries? ·3· · · ·A.· ·I can assume every customer go to the store is ·4· for -- you know, looking for something. ·5· · · ·Q.· ·Okay. ·6· · · · · · And how many videos did you look at concerning ·7· Cuc Le? ·8· · · ·A.· ·Just one. ·9· · · ·Q.· ·Okay. 10· · · · · · Just one video? 11· · · ·A.· ·One video. 12· · · ·Q.· ·Okay. 13· · · · · · Did you play the video by yourself? 14· · · ·A.· ·No.· Katie was -- sent to me by text, and I 15· think it last only about, like, maybe 15 seconds. 16· · · ·Q.· ·Who sent it? 17· · · ·A.· ·Katie. 18· · · ·Q.· ·Katie sent it to you by text? 19· · · ·A.· ·Yes. 20· · · ·Q.· ·Okay. 21· · · · · · What's Katie's last name? 22· · · ·A.· ·Katie Kaiv.· I think you asked before. 23· · · ·Q.· ·Okay. 24· · · · · · And she sent you a video by text? 25· · · ·A.· ·Yes. ·1· · · ·Q.· ·And it's on your phone? ·2· · · ·A.· ·Yes. ·3· · · ·Q.· ·And do you still have it on your phone? ·4· · · ·A.· ·Yes. ·5· · · ·Q.· ·Okay. ·6· · · · · · I want to invite you to preserve that video. ·7· Is that okay with you? ·8· · · ·A.· ·Yes. ·9· · · ·Q.· ·Okay. 10· · · · · · And how long is this video? 11· · · ·A.· ·Maybe -- I would just say 15 seconds. 12· · · ·Q.· ·Okay. 13· · · · · · And how many videos did -- did she send you? 14· · · ·A.· ·Just one. 15· · · ·Q.· ·And what did you see in this video? 16· · · ·A.· ·I think maybe about like two weeks ago. I 17· don't remember the date, but somewhere -- 18· · · ·Q.· ·Okay. 19· · · · · · What did you see? 20· · · ·A.· ·Oh, what do I see on the video? 21· · · ·Q.· ·What did you see, yes. 22· · · ·A.· ·I see a lady who, you know, in the motion and 23· fell to the store -- to the floor. 24· · · ·Q.· ·Okay. 25· · · · · · Sir, what do you know about the company's ·1· policy concerning preservation of surveillance videos? ·2· · · ·A.· ·In general, it's common, anything happens ·3· that, you know, you want to keep, then the store ·4· personnel will make decision to keep it. ·5· · · ·Q.· ·Okay. ·6· · · · · · And what is -- what are some of the reasons ·7· why you would want to preserve a surveillance video? ·8· · · ·A.· ·The majority is the theft.· Like, we have ·9· break-in.· You know, those and more cases that we 10· preserve and, you know, keep it there for the police 11· report -- 12· · · ·Q.· ·Okay. 13· · · ·A.· ·-- or insurance report. 14· · · ·Q.· ·Okay. 15· · · · · · Do you think it's important to preserve 16· surveillance video of someone injured in your store? 17· · · ·A.· ·Yes. 18· · · ·Q.· ·Why is that important? 19· · · ·A.· ·Because we want to see why it happened. 20· · · ·Q.· ·Okay. 21· · · · · · And do you think it's important for your store 22· to preserve all surveillance videos of the person who is 23· injured in your store? 24· · · ·A.· ·Yes. 25· · · ·Q.· ·Why is that important? ·1· · · ·A.· ·Same answer, because we want to see why it ·2· happened. ·3· · · ·Q.· ·Okay. ·4· · · · · · And do you think that it's important to ·5· preserve all the surveillance videos of a person who has ·6· been injured in your store to show them -- to show that ·7· the person was walking through your store? ·8· · · ·A.· ·Many accidents happen that's not in the area ·9· with the camera that -- 10· · · ·Q.· ·I agree with you.· But when a person is 11· injured in your store, you agree that it's important to 12· preserve the video; is that correct? 13· · · ·A.· ·We will look for it.· If we see it, we 14· preserve it. 15· · · ·Q.· ·Okay. 16· · · · · · And you will preserve all of the videos of 17· that person that's -- during the time they were in your 18· store; is that correct? 19· · · · · · MR. HOY:· Vague as to "all the videos." 20· · · · · · THE WITNESS:· No, we don't. 21· BY MR. NAKASE: 22· · · ·Q.· ·And why not? 23· · · ·A.· ·It take a lot of time and a lot of angles, and 24· those, you know, are not that we think is important, you 25· know, for the accident.· We only look at the area -- ·1· · · ·Q.· ·Okay. ·2· · · ·A.· ·-- of the accident, if we can find it. ·3· · · ·Q.· ·And why don't you think it's important to ·4· preserve all of the videos of a person who has been ·5· injured in your store? ·6· · · · · · MR. HOY:· Vague as to "all the videos." ·7· · · · · · THE WITNESS:· I don't have my own opinion on ·8· that.· I would say we capture the location of the ·9· employee -- of the customer, you know, have accident. 10· BY MR. NAKASE: 11· · · ·Q.· ·Okay. 12· · · · · · And why -- and do you think it's important to 13· preserve videos of the person who has been injured in 14· your store in other parts of the store where they were 15· not injured? 16· · · ·A.· ·No.· We are not -- you know, nobody -- the 17· customer not commit a crime.· We not, you know -- 18· · · ·Q.· ·Okay. 19· · · · · · Do you think it's important to preserve the 20· videos of a person who's been injured in your store 21· walking throughout your store? 22· · · · · · MR. HOY:· That's vague and ambiguous.· Vague 23· as to time. 24· · · · · · THE WITNESS:· I don't see your point.· Or my 25· opinion, you know, is not important that when they're ·1· walking and nothing happened. ·2· BY MR. NAKASE: ·3· · · ·Q.· ·And why is it not important to you that ·4· they're just walking? ·5· · · ·A.· ·They're just walking and shopping.· We don't, ·6· you know, video them when they're shopping in the store. ·7· · · ·Q.· ·Okay. ·8· · · · · · And when you say it takes a lot of time to ·9· preserve the videos, what do you mean? 10· · · ·A.· ·A lot of time looking for that, you know, 11· section of the store.· You never know where they're 12· going. 13· · · ·Q.· ·Okay. 14· · · ·A.· ·And, you know, you have certain cameras in the 15· store.· So, you know, how do you find them in the store? 16· · · ·Q.· ·How many cameras do you estimate is in the 17· store? 18· · · ·A.· ·It depends on every store. 19· · · ·Q.· ·I'm just talking about the store here in San 20· Diego. 21· · · ·A.· ·I don't know much about the camera system in 22· San Diego. 23· · · ·Q.· ·I'm just asking you for your estimate.· How 24· many cameras -- surveillance cameras there are in the 25· store. ·1· · · · · · MR. HOY:· Then I'll object it calls for ·2· speculation. ·3· · · · · · If you're able to give an estimate, then you ·4· can answer. ·5· · · · · · THE WITNESS:· At least 16. ·6· BY MR. NAKASE: ·7· · · ·Q.· ·Okay. ·8· · · · · · And how do you know this? ·9· · · ·A.· ·Normally in camera, you know, the most for one 10· system is 16 cameras. 11· · · ·Q.· ·Okay. 12· · · · · · And how many cameras do you estimate is in the 13· produce room? 14· · · · · · MR. HOY:· Calls for speculation, but if you 15· know. 16· · · · · · THE WITNESS:· I don't know. 17· BY MR. NAKASE: 18· · · ·Q.· ·Okay. 19· · · · · · MR. HOY:· I was just checking now.· We're 20· good.· We have about 20 minutes. 21· · · · · · THE WITNESS:· Okay. 22· BY MR. NAKASE: 23· · · ·Q.· ·Sir, do you train any of the employees for the 24· store -- for the company -- strike that. 25· · · · · · Do you train any of the employees for the ·1· company to identify trip hazards? ·2· · · ·A.· ·I don't personally train them. ·3· · · ·Q.· ·Okay. ·4· · · · · · Who trains them? ·5· · · ·A.· ·Supposedly the store manager. ·6· · · ·Q.· ·Okay. ·7· · · · · · And do you think identifying trip hazards is a ·8· skill? ·9· · · ·A.· ·It's knowledge and skill. 10· · · ·Q.· ·It's a knowledge? 11· · · ·A.· ·Yes. 12· · · ·Q.· ·Okay.· Good. 13· · · · · · And why do you say that identifying trip 14· hazards is a knowledge? 15· · · ·A.· ·Because the trip -- potential trip is just not 16· something that always fits.· People will move something. 17· People will do something.· It's not a set -- permanently 18· not moving.· So you go -- you walk by this first hour, 19· everything looks good, you turn around and some customer 20· maybe pick up the product and put it down and it become 21· a potential -- 22· · · ·Q.· ·Do you think that identifying trip hazards in 23· the store requires just common sense? 24· · · ·A.· ·Common sense and knowledgeable -- 25· · · ·Q.· ·Okay. ·1· · · ·A.· ·-- about, you know, things are heavy or light. ·2· · · ·Q.· ·Okay. ·3· · · · · · And when you say "common sense and knowledge," ·4· let's not talking about the common sense.· When you say, ·5· "knowledge," what is the knowledge that is required to ·6· identify trip hazards? ·7· · · ·A.· ·Knowledge, you know that equipment, how heavy ·8· it is; the box, how heavy or how easy to moveable. ·9· · · ·Q.· ·Okay. 10· · · · · · So it requires -- when you say "knowledge," it 11· requires a person to have experience to identify trip 12· hazards; is that correct? 13· · · · · · MR. HOY:· Misstates testimony. 14· · · · · · THE WITNESS:· You could say that. 15· BY MR. NAKASE: 16· · · ·Q.· ·Okay. 17· · · · · · Why is that important?· Why does it take -- 18· require experience for a person to identify trip 19· hazards? 20· · · ·A.· ·Employee in the store work for the grocery, 21· they know best about the grocery. 22· · · ·Q.· ·Okay. 23· · · · · · And what else? 24· · · ·A.· ·So to identify the thing that they know, only 25· the people who work in the market know. ·1· · · ·Q.· ·Do you know if Margie Wong has the common ·2· sense to identify trip hazards? ·3· · · ·A.· ·I believe she work at the store for many ·4· years.· She would do good in that. ·5· · · ·Q.· ·Okay. ·6· · · · · · What reasons do you have to believe that ·7· Margie Wong has a common sense to identify trip hazards ·8· in your store? ·9· · · ·A.· ·Common sense is everybody see things and know 10· how it works.· So I would, you know, look at that 11· meaning of common sense.· If you want to be -- point out 12· one thing at a time, you can go ahead and point out. I 13· can answer you -- 14· · · ·Q.· ·Okay. 15· · · ·A.· ·-- in each. 16· · · ·Q.· ·Okay. 17· · · · · · Do you know if Margie Wong has the experience 18· to identify trip hazards in the store? 19· · · ·A.· ·Yes. 20· · · ·Q.· ·And what is the basis of your knowledge? 21· · · ·A.· ·She knows all the equipment.· She knows all 22· the product in the store. 23· · · ·Q.· ·Okay. 24· · · · · · And did you train Margie Wong to identify trip 25· hazards? ·1· · · · · · MR. HOY:· Asked and answered. ·2· · · · · · THE WITNESS:· If you could point out to me a ·3· list of, you know, trip hazards, then I can answer each ·4· of the things that you say.· Because we can walk the ·5· whole store, we can see many things, we can -- but in ·6· general anything could be a trip hazard.· Everything ·7· could be set.· You point to me, this is trip hazard? I ·8· say, yes or no.· This trip hazard, yes or no?· I can ·9· answer that. 10· BY MR. NAKASE: 11· · · ·Q.· ·Okay. 12· · · · · · So you can only answer only specifically 13· whether an item is a trip hazard or not? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·But you can't speak generally? 16· · · ·A.· ·Yes. 17· · · ·Q.· ·Okay. 18· · · · · · Have you ever considered hiring a professional 19· to train the employees to identify trip hazards? 20· · · ·A.· ·We have a manual for the janitor to look at 21· that, and every employee, they know what they do, you 22· know, to keep everybody safe.· Not the customers, also 23· the employees. 24· · · ·Q.· ·Okay. 25· · · · · · What does the manual say about trip hazards? ·1· · · ·A.· ·I think we have a few things that people are ·2· really looking to that.· Like, a carpet on the floor, ·3· make sure they are always straight.· All the boxes must ·4· be, you know, in the side and not in single box on the ·5· floor.· That's in our manual. ·6· · · ·Q.· ·Anything else? ·7· · · ·A.· ·Maybe something.· I don't remember exactly. ·8· · · ·Q.· ·Okay. ·9· · · ·A.· ·A lot of times you have to review each 10· document to say it correctly. 11· · · ·Q.· ·Okay. 12· · · · · · I'm just asking you, have you ever considered 13· hiring a professional to train the employees in the 14· store to identify trip hazards? 15· · · ·A.· ·If the store have the record of accident -- I 16· don't think SF Supermarket, Inc., have any accidents for 17· long time. 18· · · ·Q.· ·I'm not talking about SF Supermarket, Inc., 19· I'm talking about SF San Diego, Inc. 20· · · ·A.· ·Oh, okay. 21· · · ·Q.· ·I'm only talking about SF San Diego, Inc. 22· · · ·A.· ·SF San Diego, Inc., yes. 23· · · ·Q.· ·Did you -- did you misstate the name of the 24· company, is that all? 25· · · ·A.· ·Yeah, I think a lot of times, I'm sorry. ·1· · · ·Q.· ·Okay. ·2· · · · · · That's fine. ·3· · · ·A.· ·I try to be correctly. ·4· · · ·Q.· ·That's fine. ·5· · · ·A.· ·SF San Diego, Inc.· Okay? ·6· · · ·Q.· ·I am asking you a very specific question. ·7· Have you ever considered hiring a trained professional ·8· to train your employees to identify a trip hazard in the ·9· San Diego store? 10· · · ·A.· ·If we have accident repeatedly.· We have a 11· good record of not having customer trip-and-fall in the 12· store. 13· · · ·Q.· ·I'm not asking you that.· I'm asking you, have 14· you ever considered hiring a trained professional to 15· train your employees to identify a trip hazard? 16· · · ·A.· ·I answered.· Only if we have accident happen 17· repeatedly in the store, then, yes. 18· · · ·Q.· ·Okay. 19· · · ·A.· ·I don't see anything that require for now. 20· · · ·Q.· ·Okay. 21· · · · · · So is it fair to say that you've never 22· considered hiring a trained professional to train your 23· employees to identify trip hazards? 24· · · ·A.· ·I would say never. 25· · · ·Q.· ·Okay. ·1· · · · · · When did -- ·2· · · ·A.· ·I would say when, you know, the store have ·3· repeatedly accident, then, we will, you know, have good ·4· training. ·5· · · ·Q.· ·Good. ·6· · · · · · And the store never had a trip-and-fall ·7· accident; is that correct? ·8· · · ·A.· ·Not trip-and-fall.· I don't remember -- ·9· · · ·Q.· ·Right. 10· · · ·A.· ·-- trip-and-fall. 11· · · ·Q.· ·Right. 12· · · · · · So the store never had a -- the San Diego 13· store never had a trip-and-fall accident before Cuc Le; 14· is that correct? 15· · · ·A.· ·No.· Slip and fall, but not trip-and-fall. 16· · · ·Q.· ·I'm talking about trip. 17· · · ·A.· ·Yeah. 18· · · ·Q.· ·So is it your testimony that there's no 19· trip-and-fall incident before Cuc Le in the store? 20· · · ·A.· ·Yeah.· I don't remember. 21· · · ·Q.· ·Okay. 22· · · · · · And that's the reason why you've never 23· considered hiring a trained professional to train your 24· employees to identify trip hazards; is that correct? 25· · · ·A.· ·Yes. ·1· · · ·Q.· ·Okay. ·2· · · · · · Was it because it costs money? ·3· · · ·A.· ·No.· Because it's never happened. ·4· · · ·Q.· ·Okay. ·5· · · · · · MR. NAKASE:· Off the record.· Is that okay? ·6· · · · · · MR. HOY:· Sure. ·7· · · · · · MR. NAKASE:· I sense people's anxiety about ·8· their automobiles. ·9· · · · · · THE VIDEOGRAPHER:· Going off the record at 10· 12:44 p.m. 11· · · · · · (Recess taken.) 12· · · · · · THE VIDEOGRAPHER:· We are back on the record 13· at 1:03 -- sorry -- yeah, 1:03 p.m. 14· BY MR. NAKASE: 15· · · ·Q.· ·Sir, earlier you said that -- strike that. 16· · · · · · Earlier, did you testify that you communicated 17· with Hieu Tran several times a week regarding the store? 18· · · ·A.· ·I don't communicate -- 19· · · · · · THE STENOGRAPHER:· I'm sorry -- 20· · · · · · THE WITNESS:· -- with Hieu Tran about SF San 21· Diego for a while. 22· BY MR. NAKASE: 23· · · ·Q.· ·Okay. 24· · · · · · When's a while?· How long? 25· · · ·A.· ·Maybe a month. ·1· · · ·Q.· ·A month. ·2· · · · · · And before that, did you create -- talk to ·3· Hieu Tran about SF San Diego? ·4· · · ·A.· ·Yeah.· I talked to Hieu Tran about SF San ·5· Diego about a month ago. ·6· · · ·Q.· ·Okay. ·7· · · · · · And how frequently do you talk to Hieu Tran ·8· about SF San Diego on a weekly basis? ·9· · · ·A.· ·We not talk about SF San Diego on a weekly 10· basis. 11· · · ·Q.· ·Okay. 12· · · · · · Do you talk about SF San Diego on a monthly 13· basis? 14· · · ·A.· ·Sometimes. 15· · · ·Q.· ·Okay. 16· · · · · · And how frequently do you talk about -- talk 17· with Hieu Tran about SF San Diego on a monthly basis? 18· · · ·A.· ·I have not talked to Mr. Hieu Tran about San 19· Diego -- SF San Diego, Inc., for a long time.· You know, 20· the last time we talked is about one month ago. 21· · · ·Q.· ·Okay. 22· · · · · · And before that, did you talk to -- so that 23· was in -- the last time you talked to Mr. Hieu Tran was 24· in January of 2020? 25· · · ·A.· ·Yes. ·1· · · ·Q.· ·Did you talk to Mr. Hieu Tran in December of ·2· 2019? ·3· · · ·A.· ·No. ·4· · · ·Q.· ·Okay. ·5· · · · · · Did you talk to Mr. Hieu Tran about SF San ·6· Diego in 2019? ·7· · · ·A.· ·Yes.· Probably -- maybe in June. ·8· · · · · · THE STENOGRAPHER:· Can I have you turned this ·9· way a little?· Thank you. 10· · · · · · THE WITNESS:· Okay. 11· · · · · · THE STENOGRAPHER:· I'm sorry. 12· BY MR. NAKASE: 13· · · ·Q.· ·And what did you talk to Mr. Hieu Tran about? 14· · · ·A.· ·We have one tenant leasing the space next to 15· the market. 16· · · ·Q.· ·Okay. 17· · · · · · What did you talk to Mr. Hieu Tran about in 18· January 2020? 19· · · ·A.· ·We have -- try to get him approval for one to 20· do the Lunar New Year festival -- 21· · · ·Q.· ·Okay. 22· · · ·A.· ·-- in the front of the parking lot. 23· · · ·Q.· ·Okay. 24· · · · · · So Mr. Hieu Tran makes major decisions 25· concerning the company, right? ·1· · · · · · MR. HOY:· Lacks foundation. ·2· · · · · · THE WITNESS:· He's the boss. ·3· BY MR. NAKASE: ·4· · · ·Q.· ·Yeah.· Is that a yes? ·5· · · ·A.· ·Yes. ·6· · · ·Q.· ·Okay. ·7· · · · · · Did you talk to Mr. Hieu Tran in 2018?· Yes? ·8· · · ·A.· ·Yes. ·9· · · ·Q.· ·Okay. 10· · · · · · And what did you guys talk about? 11· · · ·A.· ·Too far.· I don't remember. 12· · · ·Q.· ·Okay. 13· · · ·A.· ·I can't remember 2018. 14· · · ·Q.· ·What do you usually talk to Mr. Tran about, 15· usually, say in 2018? 16· · · · · · MR. HOY:· Regarding San Diego store location, 17· or was that in general? 18· · · · · · MR. NAKASE:· No.· We're just talking about San 19· Diego. 20· · · · · · MR. HOY:· Okay. 21· · · · · · Just making sure. 22· · · · · · MR. NAKASE:· -- this entire time. 23· · · · · · MR. HOY:· Well -- 24· BY MR. HOY: 25· · · ·Q.· ·For the purpose -- can you -- we already ·1· agreed earlier that for the purpose of this deposition, ·2· we're talking about the San Diego store, right? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·You understood that? ·5· · · ·A.· ·Yes. ·6· · · ·Q.· ·Okay. ·7· · · ·A.· ·That's why I try -- it take me -- I do a lot ·8· of things every day.· You try to ask me specifically in ·9· one area, it would take me a while to see, you know, if 10· I remember it -- if I remember correctly.· That's all. 11· · · ·Q.· ·Okay. 12· · · ·A.· ·So I may be a little slow.· I try my best. 13· That's all. 14· · · ·Q.· ·Okay. 15· · · · · · Go ahead. 16· · · ·A.· ·Honestly, I don't remember about, you know, 17· the '18. 18· · · ·Q.· ·Okay. 19· · · ·A.· ·It's a little farther than I can remember 20· about -- 21· · · ·Q.· ·That's fine. 22· · · ·A.· ·-- things in the store. 23· · · ·Q.· ·Okay. 24· · · · · · Your job is concerning the daily operation of 25· the store; is that correct? ·1· · · ·A.· ·Yes. ·2· · · ·Q.· ·So whenever you talk to Mr. Hieu Tran, it's ·3· concerning the daily operation of the store; is that ·4· correct? ·5· · · · · · MR. HOY:· Assumes facts not in evidence. ·6· Lacks foundation. ·7· · · · · · THE WITNESS:· Not on daily operation. ·8· BY MR. NAKASE: ·9· · · ·Q.· ·I understand.· I'm talking about the operation 10· of the store. 11· · · ·A.· ·Okay, yes. 12· · · ·Q.· ·Is that correct? 13· · · ·A.· ·Yes. 14· · · ·Q.· ·All right. 15· · · · · · Then in 2017, did you communicate with Hieu 16· Tran about the store? 17· · · ·A.· ·I don't remember. 18· · · ·Q.· ·Okay. 19· · · · · · You wouldn't go a whole year without talking 20· about the store with Hieu Tran; is that correct? 21· · · ·A.· ·Of course. 22· · · ·Q.· ·Yeah. 23· · · ·A.· ·Yes. 24· · · ·Q.· ·When you did talk to Mr. Hieu Tran concerning 25· the store in 2017, what would you talk about? ·1· · · ·A.· ·Normally we talk about equipment, about ·2· condition of the store. ·3· · · ·Q.· ·Okay. ·4· · · ·A.· ·That's what we talk about. ·5· · · ·Q.· ·Okay. ·6· · · · · · When you say "condition of the store," what ·7· type of condition about the store do you talk to Hieu ·8· Tran about? ·9· · · ·A.· ·We all want to have the store look good. 10· · · ·Q.· ·Okay. 11· · · · · · And how do you make the store look good? 12· · · ·A.· ·Sometime we add new equipment. 13· · · ·Q.· ·When you say "equipment," what do you mean 14· "equipment"? 15· · · ·A.· ·Refrigeration cases. 16· · · ·Q.· ·What else? 17· · · ·A.· ·Shelving. 18· · · ·Q.· ·Shelving? 19· · · ·A.· ·Yes. 20· · · ·Q.· ·Okay. 21· · · · · · Do you talk to Hieu Tran about shelving? 22· · · ·A.· ·Not about shelving, but equipment -- 23· · · ·Q.· ·Okay. 24· · · ·A.· ·-- but, you know, in general. 25· · · ·Q.· ·Okay. ·1· · · · · · Do you also talk to Hieu Tran about shelving? ·2· · · ·A.· ·I just -- word coming out, but I don't think ·3· we talk about shelving.· Sorry. ·4· · · ·Q.· ·What else do you talk to Hieu Tran about?· Go ·5· ahead, please. ·6· · · ·A.· ·I talk to him about leasing -- ·7· · · ·Q.· ·Okay. ·8· · · ·A.· ·-- because I think like 2017 -- no, 2018, we ·9· have a new tenant that they leasing the space for 10· selling the telephone -- 11· · · ·Q.· ·Uh-huh. 12· · · ·A.· ·-- and in a few months after, it's about a 13· restaurant. 14· · · ·Q.· ·Okay. 15· · · ·A.· ·Yeah.· I -- I don't remember that far about 16· what we talking about, but -- 17· · · ·Q.· ·I'm just speaking, generally -- 18· · · ·A.· ·Yeah. 19· · · ·Q.· ·-- concerning your responsibility, you know, 20· and Hieu Tran. 21· · · ·A.· ·Uh-huh. 22· · · ·Q.· ·That's all I want to know, what you guys talk 23· about. 24· · · ·A.· ·Yeah.· I think -- I think that's all.· The 25· majority we talk about that. ·1· · · ·Q.· ·Do you talk about product placement with Hieu ·2· Tran? ·3· · · ·A.· ·No. ·4· · · ·Q.· ·Do you talk to Hieu Tran about purchasing ·5· inventory? ·6· · · ·A.· ·No. ·7· · · ·Q.· ·Do you talk to Hieu Tran about the employees? ·8· · · ·A.· ·No. ·9· · · ·Q.· ·Okay. 10· · · · · · Do you talk to Hieu Tran about the operation 11· of the store? 12· · · · · · MR. HOY:· Vague.· Overbroad. 13· · · · · · THE WITNESS:· No. 14· BY MR. NAKASE: 15· · · ·Q.· ·Okay. 16· · · · · · So you don't talk to Hieu Tran about any of 17· these things? 18· · · ·A.· ·None of those things. 19· · · ·Q.· ·I'm sorry? 20· · · ·A.· ·None of those things. 21· · · ·Q.· ·Okay. 22· · · · · · But you can't remember what you talked to Hieu 23· Tran about, except for the lease of the store and -- is 24· that correct? 25· · · ·A.· ·Lease -- ·1· · · · · · MR. HOY:· Misstates testimony.· Vague as to ·2· time. ·3· · · · · · THE WITNESS:· Yeah, leasing and equipment. ·4· BY MR. NAKASE: ·5· · · ·Q.· ·And equipment? ·6· · · ·A.· ·Yeah. ·7· · · ·Q.· ·And that's all? ·8· · · ·A.· ·Yeah, that's all. ·9· · · ·Q.· ·And nothing else? 10· · · ·A.· ·Nothing else. 11· · · ·Q.· ·Okay. 12· · · · · · Did you talk to Hieu Tran about you giving a 13· deposition here today? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·Okay. 16· · · · · · What did you guys talk about? 17· · · ·A.· ·I just say I -- Mr. Hieu Tran was not in the 18· deposition and I'm in -- I am in the deposition.· Just 19· let him know.· That's all. 20· · · ·Q.· ·Okay. 21· · · · · · Was Mr. Hieu Tran informed about Cuc Le's 22· trip-and-fall on May 2nd, 2017? 23· · · · · · MR. HOY:· Ambiguous.· Vague as to time. 24· · · · · · THE WITNESS:· I answer? 25· · · · · · MR. HOY:· Yes. ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Go ahead. ·3· · · ·A.· ·I told him there was an accident and we need ·4· to be in that deposition.· That's all.· No detail. ·5· · · ·Q.· ·Okay. ·6· · · · · · So you informed Mr. Hieu Tran that you're ·7· going to appear for a deposition concerning Cuc Le's ·8· trip-and-fall on May 2nd, 2017; is that correct? ·9· · · · · · MR. HOY:· I object because on numerous 10· occasions this witness has said it's not a 11· trip-and-fall, and you keep using the words 12· "trip-and-fall" to try to trip him up, so I object. 13· BY MR. NAKASE: 14· · · ·Q.· ·Go ahead, sir. 15· · · ·A.· ·I agree.· Because if you say "trip-and-fall" 16· in the store, that means someone have to be enough 17· authority, enough knowledge, and enough evidence to 18· determine -- 19· · · ·Q.· ·Okay. 20· · · ·A.· ·-- it's trip-and-fall.· And do you have 21· something to prove? 22· · · ·Q.· ·Did you talk to Mr. Hieu Tran about the video 23· that you saw concerning Cuc Le? 24· · · ·A.· ·No. 25· · · ·Q.· ·Do you know if Mr. Tran received a copy of ·1· that video -- ·2· · · ·A.· ·No. ·3· · · ·Q.· ·-- concerning Cuc Le? ·4· · · ·A.· ·No. ·5· · · ·Q.· ·You don't know? ·6· · · ·A.· ·No.· For sure he not seeing that. ·7· · · ·Q.· ·How do you know? ·8· · · ·A.· ·Nobody gave it to him. ·9· · · ·Q.· ·How do you know? 10· · · ·A.· ·If he see it, he would ask me. 11· · · ·Q.· ·I understand, but how do you know nobody gave 12· it to him? 13· · · ·A.· ·I know. 14· · · ·Q.· ·Did you ask him? 15· · · ·A.· ·No, I don't ask him.· If he see it, he ask me, 16· then I know he see it. 17· · · ·Q.· ·Okay. 18· · · · · · Did you talk to Hieu Tran about Cuc Le's 19· incident in this lawsuit? 20· · · ·A.· ·No. 21· · · ·Q.· ·Okay. 22· · · · · · Did you talk to -- you said -- the person -- 23· one more time, help me out here, the person who sent you 24· the video of Cuc Le? 25· · · ·A.· ·Katie. ·1· · · ·Q.· ·Katie, K-a-t-i-e? ·2· · · ·A.· ·Yes. ·3· · · ·Q.· ·Last name? ·4· · · ·A.· ·K -- K-a-v-i-e [sic]. ·5· · · ·Q.· ·Okay. ·6· · · · · · And did you talk to Katie on the phone ·7· concerning Cuc Le? ·8· · · · · · MR. HOY:· Vague as to time. ·9· BY MR. NAKASE: 10· · · ·Q.· ·Did you ever talk to Katie -- 11· · · ·A.· ·I talked to Katie -- 12· · · ·Q.· ·-- about Cuc Le? 13· · · ·A.· ·Yes. 14· · · ·Q.· ·Okay. 15· · · · · · On how many occasions? 16· · · ·A.· ·More than five. 17· · · ·Q.· ·Okay. 18· · · · · · How long were those conversations each time? 19· · · ·A.· ·Less than five minutes. 20· · · ·Q.· ·Okay. 21· · · · · · And did Katie -- did you and Katie exchange 22· text messages concerning Cuc Le? 23· · · ·A.· ·She sent me a video. 24· · · ·Q.· ·Okay. 25· · · · · · Besides the video, did you and Katie ·1· communicate via text messages concerning Cuc Le? ·2· · · ·A.· ·Not any detail at all.· No.· No detail. ·3· · · ·Q.· ·I understand -- I understand no detail.· I'm ·4· just -- in general, did you and Katie communicate via ·5· text messages concerning Cuc Le? ·6· · · ·A.· ·No. ·7· · · ·Q.· ·Zero? ·8· · · ·A.· ·Yeah -- I don't remember. ·9· · · ·Q.· ·Okay. 10· · · · · · You don't remember? 11· · · ·A.· ·I don't remember if we did that, no. 12· · · ·Q.· ·Okay. 13· · · · · · And those five times that you talked about 14· talking with Katie concerning Cuc Le, when were those 15· occasions? 16· · · ·A.· ·Today. 17· · · ·Q.· ·And the other four times? 18· · · ·A.· ·I think right before the day I received the 19· deposition. 20· · · ·Q.· ·Okay. 21· · · · · · And what else -- when else? 22· · · ·A.· ·And then the day that she called me to make 23· sure that I'm at the mediation. 24· · · ·Q.· ·Okay. 25· · · ·A.· ·And then the day that I received the ·1· complaint.· I think the complaint was serving in -- ·2· · · ·Q.· ·Okay. ·3· · · ·A.· ·-- for some reason -- ·4· · · · · · THE STENOGRAPHER:· I'm sorry, was serving -- ·5· · · · · · THE WITNESS:· Serving in Sacramento.· Serving ·6· the complaint. ·7· BY MR. NAKASE: ·8· · · ·Q.· ·Okay. ·9· · · ·A.· ·I don't know why they serving in the store in 10· Sacramento. 11· · · ·Q.· ·Okay. 12· · · ·A.· ·So they faxed it to me so I forward to Katie 13· and make sure she get it. 14· · · ·Q.· ·And what did you talk to Katie about the 15· mediation?· What did you guys talk about? 16· · · ·A.· ·I have to be at the mediation.· That's all. 17· · · ·Q.· ·Okay. 18· · · ·A.· ·We don't talk about anything. 19· · · ·Q.· ·Okay. 20· · · · · · Did you talk -- 21· · · ·A.· ·To make sure I'm here. 22· · · ·Q.· ·Did you talk to Hieu Tran about the mediation? 23· · · ·A.· ·No. 24· · · ·Q.· ·Okay. 25· · · · · · And why didn't you talk to Hieu Tran about the ·1· mediation concerning Cuc Le? ·2· · · ·A.· ·Because I have authority to, you know, decide ·3· what it be, so I didn't report to him. ·4· · · ·Q.· ·Okay. ·5· · · · · · And what authority do you have to decide? ·6· · · ·A.· ·Amount of money. ·7· · · ·Q.· ·Okay. ·8· · · · · · What was the authority that you decided on the ·9· amount of money to settle with Cuc Le? 10· · · · · · MR. HOY:· He's only talking if you had 11· conversations with Hieu Tran, nothing with your 12· attorneys. 13· · · · · · THE WITNESS:· Yeah, nothing with attorneys. 14· BY MR. NAKASE: 15· · · ·Q.· ·Okay. 16· · · · · · You have the authority to decide concerning 17· settlement with Cuc Le; is that correct? 18· · · ·A.· ·Yes. 19· · · ·Q.· ·Okay. 20· · · · · · And what was the authority that you decided 21· concerning payment to Cuc Le? 22· · · ·A.· ·I confirmed with Argo representative on that 23· day. 24· · · ·Q.· ·Okay. 25· · · ·A.· ·I think his name is -- ·1· · · ·Q.· ·Okay. ·2· · · ·A.· ·And, you know, he's the one -- ·3· · · · · · THE STENOGRAPHER:· I'm sorry, I didn't get the ·4· name.· I need you to turn, please. ·5· · · · · · THE WITNESS:· Calvin. ·6· · · · · · THE STENOGRAPHER:· Thank you. ·7· BY MR. NAKASE: ·8· · · ·Q.· ·Okay. ·9· · · · · · MR. HOY:· I just want to caution you, 10· Mr. Trieu, not to discuss anything regarding the 11· substance of our conversations or conversations 12· regarding settlement discussions, such as mediation, but 13· for specific issues, such as the questions so far, those 14· are okay. 15· · · · · · THE WITNESS:· Okay. 16· · · · · · MR. HOY:· Just don't go into the details. 17· · · · · · THE WITNESS:· Okay. 18· · · · · · MR. HOY:· I'll make sure you listen for my 19· objections. 20· · · · · · THE WITNESS:· All right. 21· BY MR. NAKASE: 22· · · ·Q.· ·Did you inform Hieu Tran at any time about 23· your authority to make a decision to settle with Cuc Le? 24· · · ·A.· ·We have this general agreement for long time. 25· · · ·Q.· ·Okay. ·1· · · · · · What's the general agreement that you have ·2· with Hieu Tran concerning settlement authority with Cuc ·3· Le? ·4· · · ·A.· ·Do the best for the company. ·5· · · ·Q.· ·Okay. ·6· · · · · · So -- and what did he say? ·7· · · ·A.· ·No.· I didn't talk to him about that. ·8· · · ·Q.· ·Okay. ·9· · · ·A.· ·You know, in general, that's been for long 10· time like that. 11· · · ·Q.· ·Okay. 12· · · ·A.· ·Not this case. 13· · · · · · MR. NAKASE:· Okay. 14· · · · · · Sir, I'm going to invite you to Exhibit 25, 15· please, Volume 4 of the exhibit book. 16· · · · · · (Exhibit No. 25 was marked.) 17· BY MR. NAKASE: 18· · · ·Q.· ·Do you have Exhibit 25 -- 19· · · ·A.· ·Yes. 20· · · ·Q.· ·-- in front of you, sir? 21· · · ·A.· ·Yes. 22· · · ·Q.· ·Okay. 23· · · · · · Look at this photograph (indicating). 24· · · ·A.· ·Uh-huh. 25· · · ·Q.· ·Let me know when you're done. ·1· · · ·A.· ·Oh, you mean look at all the pictures? ·2· · · ·Q.· ·Yeah.· Just look at them, yeah.· Please let us ·3· know when you're done. ·4· · · ·A.· ·Okay. ·5· · · ·Q.· ·Okay. ·6· · · · · · Sir, inviting your attention to Exhibit 25, ·7· page 5. ·8· · · ·A.· ·Okay. ·9· · · ·Q.· ·Do you recognize the area of the store 10· depicted in Exhibit 25, page 5? 11· · · ·A.· ·Yes. 12· · · ·Q.· ·And how do you recognize that area? 13· · · ·A.· ·Well, I know the store. 14· · · ·Q.· ·Okay. 15· · · · · · And you've seen it hundreds of times; is that 16· correct? 17· · · ·A.· ·Yes. 18· · · ·Q.· ·Okay. 19· · · · · · And where's this area that's depicted in the 20· photograph in Exhibit 25, page 5? 21· · · ·A.· ·It's in the produce department. 22· · · ·Q.· ·Okay. 23· · · · · · Sir, do you see that there's a -- there's a 24· box with a green painting that runs parallel to Cuc Le 25· laying on the ground?· Do you see that? ·1· · · · · · MR. HOY:· I -- vague as to "box." ·2· BY MR. NAKASE: ·3· · · ·Q.· ·Sir, do you see that? ·4· · · · · · MR. HOY:· Do you see a box?· Do you see the ·5· box? ·6· · · · · · THE WITNESS:· I don't know what is called ·7· "box." ·8· BY MR. NAKASE: ·9· · · ·Q.· ·Okay. 10· · · · · · I'm pointing to this area right here 11· (indicating). 12· · · ·A.· ·Okay. 13· · · ·Q.· ·Okay. 14· · · · · · What color is that in the store? 15· · · ·A.· ·That's green. 16· · · ·Q.· ·I'm sorry? 17· · · ·A.· ·Yeah, that's green. 18· · · ·Q.· ·Can I invite you to just mark it with a pen 19· that area that we're talking about?· Okay.· You've 20· placed an "x" on the green paint on the box; is that 21· correct? 22· · · · · · MR. HOY:· Do you agree that that is a box? 23· · · · · · THE WITNESS:· We call it -- if I can use 24· platform. 25 ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Okay. ·3· · · · · · And why do you call it a platform? ·4· · · ·A.· ·That means you have, you know, a base to put ·5· something on top of it. ·6· · · ·Q.· ·Were you coached by anyone to call it a ·7· platform? ·8· · · ·A.· ·No. ·9· · · ·Q.· ·Were you coached by anyone to call that wood 10· box a platform? 11· · · ·A.· ·No. 12· · · ·Q.· ·Do you always refer to that wood box as a 13· platform? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·What color is that green line?· Where you 16· placed an "x"? 17· · · ·A.· ·Yeah, that's the green color -- that's green 18· color. 19· · · ·Q.· ·Oh, that's green color? 20· · · ·A.· ·Yes. 21· · · ·Q.· ·Okay. 22· · · · · · And how many times have you seen this box with 23· the green color painting that you put an "x" on? 24· · · · · · MR. HOY:· Your version of box. 25· · · · · · MR. NAKASE:· That's fine.· For the purpose of ·1· this deposition, I'm going to call it a box. ·2· · · · · · MR. HOY:· You may call it what you wish. ·3· · · · · · MR. NAKASE:· You call it whatever you wish. ·4· · · · · · THE WITNESS:· So how many times I see this ·5· platform?· Just one platform or throughout the store? ·6· BY MR. NAKASE: ·7· · · ·Q.· ·Throughout the store. ·8· · · · · · MR. HOY:· Are you talking about that specific ·9· platform?· Or generally speaking, how many times does he 10· see platforms throughout the store? 11· BY MR. NAKASE: 12· · · ·Q.· ·Let me ask you a question:· How many of this 13· box, that you call a platform, exist in the store? 14· · · · · · MR. HOY:· Of a similar type?· Because they 15· could come in all shapes and sizes.· This is very 16· ambiguous. 17· BY MR. NAKASE: 18· · · ·Q.· ·Of similar size. 19· · · ·A.· ·Yeah. 20· · · ·Q.· ·How many times have you -- how many times have 21· you seen this box, which you call a platform, of similar 22· size throughout the store? 23· · · ·A.· ·I would like to ask you, how many of them 24· throughout the store?· Or how many times I look at?· But 25· I look at different of them, you know, in the store all ·1· the time, so -- ·2· · · ·Q.· ·Okay. ·3· · · · · · So of similar size -- ·4· · · ·A.· ·Uh-huh. ·5· · · ·Q.· ·-- how many times have you seen it in the ·6· store, this wood box that you call a platform? ·7· · · ·A.· ·We have a lot throughout the store -- ·8· · · ·Q.· ·Okay. ·9· · · ·A.· ·-- different sizes. 10· · · ·Q.· ·I understand they are different sizes, but 11· they are generally made of the same material; is that 12· correct? 13· · · ·A.· ·General. 14· · · ·Q.· ·Okay. 15· · · · · · What's the material that this wood box, you 16· call a platform, what is it made out of? 17· · · ·A.· ·Just plywood. 18· · · ·Q.· ·Wood? 19· · · ·A.· ·Yeah. 20· · · ·Q.· ·Okay. 21· · · ·A.· ·Plywood. 22· · · ·Q.· ·Plywood? 23· · · ·A.· ·Uh-huh. 24· · · ·Q.· ·Okay. 25· · · · · · And this wood box, you call a platform, it ·1· has -- it has four sides, generally? ·2· · · ·A.· ·No.· They have many sides.· I don't remember ·3· how many of them. ·4· · · ·Q.· ·Okay. ·5· · · · · · Is this wood box, you call a platform, is it ·6· hollow or is it solid? ·7· · · ·A.· ·The top is flat, but "hollow," that means in ·8· the bottom, right? ·9· · · ·Q.· ·Yeah, inside. 10· · · ·A.· ·Yeah, they are hollow. 11· · · ·Q.· ·Oh.· So inside this wood box, you call a 12· platform, is hollow; is that correct? 13· · · ·A.· ·Uh-huh. 14· · · ·Q.· ·Okay. 15· · · · · · Another word for hollow just means empty; is 16· that right? 17· · · ·A.· ·Yes. 18· · · ·Q.· ·Okay. 19· · · · · · And so this wood box, you call a platform, is 20· empty; is that correct? 21· · · ·A.· ·Yes. 22· · · ·Q.· ·Okay. 23· · · · · · MR. HOY:· No.· No.· No.· No. 24· BY MR. NAKASE: 25· · · ·Q.· ·And so this green -- ·1· · · · · · MR. HOY:· Underneath.· Underneath.· You have ·2· to listen to the question -- ·3· · · · · · THE WITNESS:· Every word. ·4· · · · · · MR. HOY:· -- because that was completely ·5· misleading.· And I noticed how you just wanted to skip ·6· right over that. ·7· · · · · · MR. NAKASE:· Okay. ·8· · · · · · I'm going to invite you to make your ·9· objections and not make a speaking objection.· Is that 10· okay with you, Counsel? 11· · · · · · MR. HOY:· Yeah, but I would invite you to stop 12· trying to mislead this witness with your improper 13· phraseology. 14· · · · · · MR. NAKASE:· I'm going to invite you to stop 15· being obstreperous and I'm going to -- 16· · · · · · MR. HOY:· And I invite you to stop using words 17· that make you look impressive. 18· BY MR. NAKASE: 19· · · ·Q.· ·Okay. 20· · · · · · So inside this wood box, what you call a 21· platform, inside of it -- of the four walls of the 22· box -- 23· · · ·A.· ·The bottom of it. 24· · · ·Q.· ·Okay. 25· · · · · · It's empty.· There's nothing there? ·1· · · ·A.· ·No.· No.· Not complete empty, but they have ·2· wood, you know, strip down to hold the plywood on the ·3· top. ·4· · · ·Q.· ·Okay. ·5· · · · · · So you're talking about the sides, the wall? ·6· · · ·A.· ·No.· In the bottom, they also have piece of ·7· wood there too. ·8· · · ·Q.· ·Okay. ·9· · · ·A.· ·Do you want me to draw a -- you know, like a 10· construct of it? 11· · · ·Q.· ·Sure.· That would be great. 12· · · · · · MR. NAKASE:· We're going to mark this as -- 13· · · · · · THE WITNESS:· Okay. 14· · · · · · So this is like 2-by-6 wood -- 15· · · · · · MR. NAKASE:· Hold on a second, sir.· For the 16· record, the witness just drew what he calls a platform, 17· I'm calling it a box.· We're going to mark that as 18· Exhibit 67. 19· · · · · · (Exhibit No. 67 was marked.) 20· BY MR. NAKASE: 21· · · ·Q.· ·So sir, this diagram, which we're calling as 22· Exhibit 67, did you just draw this diagram? 23· · · ·A.· ·Yes. 24· · · ·Q.· ·Okay. 25· · · · · · And this diagram is what -- is your depiction ·1· to reflect the wood box, you call a platform, in Exhibit ·2· 25, page 5; is that correct? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·Okay. ·5· · · · · · And go ahead.· You're pointing to what?· Go ·6· ahead. ·7· · · ·A.· ·So this side (indicating) -- ·8· · · ·Q.· ·You're pointing to the side -- the sides, ·9· right?· The walls? 10· · · ·A.· ·Yes.· The side.· The side -- the base. 11· · · ·Q.· ·Okay. 12· · · · · · You're talking -- you're pointing to -- can 13· you draw an arrow?· Okay.· Pointing at it -- 14· · · ·A.· ·Oh, okay. 15· · · ·Q.· ·Yeah.· Okay. 16· · · · · · You drew an arrow.· So let's mark that as the 17· arrow "a".· Is that okay with you? 18· · · ·A.· ·Yes. 19· · · ·Q.· ·Okay. 20· · · · · · Your arrow "a" is pointing to the side of the 21· box; is that correct? 22· · · ·A.· ·Yes. 23· · · ·Q.· ·Okay. 24· · · · · · And arrow "b" is pointing to the length -- the 25· side of the box, that's the length; is that correct? ·1· · · ·A.· ·Yes.· The side of the platform, yes. ·2· · · ·Q.· ·Okay. ·3· · · · · · And so, what did you want to say? ·4· · · ·A.· ·Oh, this is 2-by-6 wood. ·5· · · ·Q.· ·Okay. ·6· · · · · · You're saying 2-by-6 wood, you're referring to ·7· your arrow -- ·8· · · ·A.· ·"A" and "b." ·9· · · ·Q.· ·-- identified as "a"? 10· · · ·A.· ·Yeah, "a" and "b" are the same. 11· · · ·Q.· ·Okay. 12· · · · · · Go ahead.· And arrow "b"? 13· · · ·A.· ·Is also 2-by-6 wood. 14· · · ·Q.· ·Okay. 15· · · ·A.· ·And also, the piece in the middle here, you 16· say "c". 17· · · ·Q.· ·Okay.· Okay.· Got it. 18· · · ·A.· ·And also, then, the strip that I saw here, 19· that's plywood. 20· · · ·Q.· ·Okay. 21· · · · · · What -- your depiction, which -- it's a whole 22· bunch of lines.· It's like your version of the shading 23· depicting the plywood on top -- 24· · · ·A.· ·Uh-huh. 25· · · ·Q.· ·-- of the box; is that correct? ·1· · · ·A.· ·Right.· Yes. ·2· · · ·Q.· ·And how thick is this plywood that's on top? ·3· · · ·A.· ·Maybe half inch. ·4· · · ·Q.· ·Okay. ·5· · · · · · Do you know who built these boxes that are ·6· next to Cuc Le depicted in Exhibit 25, page 5 -- ·7· · · ·A.· ·I don't. ·8· · · ·Q.· ·-- that is parallel to her torso? ·9· · · ·A.· ·Someone probably in the store, but I don't 10· know exactly the name of that person. 11· · · ·Q.· ·Okay. 12· · · · · · Have you met this person many times? 13· · · ·A.· ·No.· I told you, I don't know the person. 14· Someone in the store built it, but I don't know exactly 15· who. 16· · · ·Q.· ·Okay. 17· · · · · · So do you know how long -- how long in time is 18· this wood box that's depicted on Exhibit 25, page 5, 19· that is parallel to Cuc Le laying on the floor -- how 20· long it's been there in that location? 21· · · · · · MR. HOY:· As of that particular date, how long 22· it had been there; is that your question? 23· BY MR. NAKASE: 24· · · ·Q.· ·Do you understand my question? 25· · · ·A.· ·So you say that platform was there for how ·1· long, right? ·2· · · ·Q.· ·Yes.· As of May 2nd -- ·3· · · ·A.· ·For years.· For years. ·4· · · ·Q.· ·May 2nd, 2017? ·5· · · ·A.· ·I would say it was there on May 2nd, 2017 -- ·6· · · ·Q.· ·Okay. ·7· · · ·A.· ·-- but this was there many years. ·8· · · ·Q.· ·Okay.· Good. ·9· · · · · · And what is the -- can you give us an estimate 10· of the length of wood of this wood box that is depicted 11· in Exhibit 25, page 5, next to Cuc Le's torso? 12· · · · · · MR. HOY:· If you're familiar enough with that 13· platform to give an estimate of the dimensions, then you 14· can do so. 15· · · · · · THE WITNESS:· I would say between 18 inches to 16· 24 inches, 2 feet.· My estimate is about 2 feet wide. 17· BY MR. NAKASE: 18· · · ·Q.· ·Two feet wide? 19· · · ·A.· ·Two feet wide, probably about, like, 20 feet 20· long. 21· · · ·Q.· ·Twenty feet long? 22· · · ·A.· ·Yeah. 23· · · ·Q.· ·Twenty feet is pretty big.· Twenty feet is 24· like from where the court reporter is out past that 25· wall. ·1· · · ·A.· ·Yeah.· It is 20 feet long. ·2· · · ·Q.· ·Okay. ·3· · · · · · Let me invite you to a different photograph. ·4· I'm inviting your attention to Exhibit 25, page 6. ·5· · · ·A.· ·Okay. ·6· · · ·Q.· ·Okay. ·7· · · · · · We're looking at -- do you agree we're looking ·8· at the same wood box that is parallel to Cuc Le laying ·9· on the floor? 10· · · ·A.· ·Yes. 11· · · ·Q.· ·Okay. 12· · · · · · Can you give us an estimate of the length and 13· width and height of that wood box? 14· · · ·A.· ·Okay. 15· · · · · · If we talk about the same platform on this 16· picture -- 17· · · ·Q.· ·Yes.· You're pointing to -- you're pointing to 18· the platform, which I call a wood box, that's holding up 19· these Pingle pears, do you agree? 20· · · · · · MR. HOY:· Which is interesting because there's 21· an actual wood box behind it.· So clarification is in 22· order. 23· · · · · · THE WITNESS:· This one is 4 feet by 4 feet, my 24· estimate. 25 ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Okay. ·3· · · ·A.· ·Yeah. ·4· · · ·Q.· ·And this -- behind the -- the -- four feet -- ·5· one more time, what's the length and width of that wood ·6· box, you call a wood platform? ·7· · · ·A.· ·It's not 4 feet by 4 feet.· I think this one ·8· is by -- 6 feet by 8 feet. ·9· · · ·Q.· ·Six feet by 8 feet? 10· · · ·A.· ·Yeah.· Six feet by 8 feet, that location. 11· · · ·Q.· ·Okay. 12· · · ·A.· ·Earlier I say 20 because I remember it goes to 13· different directions. 14· · · ·Q.· ·Are you talking about 6 inches or 6 feet? 15· · · ·A.· ·No, 6 feet by 6 feet wide, that platform. 16· · · ·Q.· ·That platform? 17· · · ·A.· ·Yeah.· You see, when they -- from here to here 18· (indicating) -- 19· · · ·Q.· ·Okay. 20· · · ·A.· ·-- is 6, because this look like -- 21· · · ·Q.· ·Okay. 22· · · · · · So it's 6 feet lengthwise, right? 23· · · ·A.· ·Yes, 6 feet. 24· · · ·Q.· ·Okay. 25· · · · · · So this box, you call a platform, is 6 feet in ·1· length? ·2· · · ·A.· ·Yes. ·3· · · ·Q.· ·Okay. ·4· · · ·A.· ·So that -- ·5· · · ·Q.· ·And we're talking about the same box that's ·6· parallel to Cuc Le's body -- ·7· · · ·A.· ·Yeah. ·8· · · ·Q.· ·-- reflected in Exhibit 25, page 5? ·9· · · ·A.· ·Uh-huh.· Yeah.· So from this side to this side 10· is 6 feet. 11· · · ·Q.· ·Okay. 12· · · · · · So the lengthwise is 6 feet? 13· · · ·A.· ·Yeah.· And this one -- 14· · · ·Q.· ·And the depth? 15· · · ·A.· ·The depth is about 6 too. 16· · · ·Q.· ·Six? 17· · · ·A.· ·Yeah, about 6. 18· · · ·Q.· ·Okay. 19· · · · · · Inviting your attention to Exhibit 25, page 6. 20· · · · · · MR. HOY:· He's on 6. 21· · · · · · THE WITNESS:· Yeah, I'm on 6. 22· BY MR. NAKASE: 23· · · ·Q.· ·Okay. 24· · · · · · You can see that -- you can see the side of 25· that wood box.· Do you see that? ·1· · · ·A.· ·Uh-huh. ·2· · · ·Q.· ·Okay. ·3· · · · · · Do you see -- does it end where that brown ·4· fixture is, the produce stand, or does it stop? ·5· · · ·A.· ·I believe, based on what I see, it's one piece ·6· of platform in the bottom. ·7· · · ·Q.· ·Okay. ·8· · · · · · Inviting your attention to Exhibit 24, page 6. ·9· · · · · · THE WITNESS:· Twenty-four? 10· · · · · · MR. NAKASE:· Yes. 11· · · · · · THE WITNESS:· Okay. 12· · · · · · (Exhibit No. 24 was marked.) 13· BY MR. NAKASE: 14· · · ·Q.· ·And is that -- the photograph reflected in 15· Exhibit 24, page 6, do you recognize this area of the 16· store? 17· · · ·A.· ·Yes. 18· · · ·Q.· ·Okay. 19· · · · · · And is that the same area that's being 20· photographed where that pole is -- 21· · · ·A.· ·Yes. 22· · · ·Q.· ·-- of where Cuc Le fell? 23· · · ·A.· ·Yes. 24· · · ·Q.· ·Okay. 25· · · · · · And we can see that there's a -- there's a -- ·1· where that white pole right in -- white pole in the ·2· center; is that correct? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·All right. ·5· · · · · · And what do you call this brown wood fixture ·6· that's holding up these yellow produce next to the white ·7· pole? ·8· · · ·A.· ·It's called a wood box display. ·9· · · ·Q.· ·Wood box display? 10· · · ·A.· ·Yes. 11· · · ·Q.· ·Okay. 12· · · · · · And that's about how tall? 13· · · ·A.· ·Three feet tall. 14· · · ·Q.· ·Okay. 15· · · · · · And so that we may distinguish it, may we call 16· it a produce stand? 17· · · · · · MR. HOY:· No.· Use your terminology.· Okay? 18· · · · · · MR. NAKASE:· Okay.· That's fine. 19· BY MR. NAKASE: 20· · · ·Q.· ·You call it a what? 21· · · ·A.· ·I call it produce display box. 22· · · ·Q.· ·Okay. 23· · · · · · And do you call -- so looking at this 24· photograph, would you say that wood box, you call a wood 25· platform, still is 2 feet in depth? ·1· · · ·A.· ·No. ·2· · · ·Q.· ·Okay. ·3· · · ·A.· ·This one here is (indicating) -- ·4· · · ·Q.· ·No.· We're talking about the wood platform, ·5· the wood box where -- that was there before, is gone; is ·6· that correct? ·7· · · ·A.· ·Yes, that one is gone. ·8· · · ·Q.· ·Okay. ·9· · · · · · And why was that wood box that was next to Cuc 10· Le removed? 11· · · ·A.· ·Because I think in like 2018 we remodeled the 12· area -- 13· · · ·Q.· ·Okay. 14· · · ·A.· ·-- and we add two refrigeration cases -- the 15· refrigerator island in the area.· So based on the 16· equipment that we have, we come out with this type of 17· scheme. 18· · · ·Q.· ·Okay. 19· · · · · · And what did you add in 2018?· Looking at 20· Exhibit 24, page 6. 21· · · ·A.· ·We add -- can I mark it for you? 22· · · ·Q.· ·Yes, of course. 23· · · ·A.· ·So the "x" -- 24· · · ·Q.· ·Okay. 25· · · · · · You just put an "x" -- ·1· · · ·A.· ·-- is the produce island. ·2· · · ·Q.· ·Okay. ·3· · · ·A.· ·We have two of them. ·4· · · ·Q.· ·And that wasn't there before? ·5· · · ·A.· ·No, it's not there before. ·6· · · ·Q.· ·What was there before? ·7· · · ·A.· ·Just -- to me, it's same box display, wood ·8· box. ·9· · · ·Q.· ·Okay. 10· · · · · · Could you put -- could you print your name 11· next to the "x" so that we know it's you that put that 12· "x" there? 13· · · ·A.· ·Okay. 14· · · ·Q.· ·Okay. 15· · · · · · So you just put -- you just wrote "H-u-y" next 16· to the "x" -- 17· · · ·A.· ·Yes. 18· · · ·Q.· ·-- on the center left column of the photograph 19· depicted in Exhibit 24, page 6, correct? 20· · · ·A.· ·Yes. 21· · · ·Q.· ·Okay. 22· · · · · · And that -- you call that what again? 23· · · ·A.· ·Refrigerator island. 24· · · ·Q.· ·Okay. 25· · · · · · Now inviting your attention to Exhibit 25, ·1· page 2.· Exhibit 25, page 2, please. ·2· · · ·A.· ·Yes. ·3· · · · · · MR. HOY:· That's 24. ·4· · · · · · THE WITNESS:· Oh, 25.· Okay. ·5· BY MR. NAKASE: ·6· · · ·Q.· ·Okay. ·7· · · · · · Do you recognize the area depicted in ·8· Exhibit 25, page 2? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·Okay. 11· · · · · · And where is this area in Exhibit 25, page 2? 12· · · ·A.· ·In general, I would say it's in the middle of 13· the produce department. 14· · · ·Q.· ·Okay. 15· · · · · · And you can see that it's Cuc Le's legs and 16· feet right in the center bottom of Exhibit 25, page 2. 17· Do you see that? 18· · · ·A.· ·Yeah.· I saw someone laying there. 19· · · ·Q.· ·Okay. 20· · · · · · Now inviting your attention to these tiles. 21· · · ·A.· ·Uh-huh. 22· · · ·Q.· ·Okay. 23· · · · · · Do you see the tiles? 24· · · ·A.· ·Yes. 25· · · ·Q.· ·And what is the length and width of the ·1· tile -- of the floor tiles? ·2· · · ·A.· ·Each of them 1 feet by 1 feet. ·3· · · ·Q.· ·Okay. ·4· · · · · · And how do you -- ·5· · · ·A.· ·So 24 inches. ·6· · · ·Q.· ·-- know this? ·7· · · ·A.· ·Oh, I work in the market.· I know the size of ·8· the tiles. ·9· · · ·Q.· ·Okay. 10· · · · · · They're standard; is that correct? 11· · · ·A.· ·Yes. 12· · · ·Q.· ·Okay. 13· · · · · · And that's the reason why you know? 14· · · ·A.· ·Uh-huh. 15· · · ·Q.· ·Okay. 16· · · · · · Have you ever measured it, the floor tiles? 17· · · ·A.· ·Yeah. 18· · · ·Q.· ·Okay. 19· · · ·A.· ·I know exactly. 20· · · ·Q.· ·You know exactly.· And you measured it many 21· times, the floor tiles? 22· · · ·A.· ·Yeah.· I measure something based on the tiles. 23· Ten tiles is ten feet. 24· · · ·Q.· ·Okay. 25· · · · · · So these floor tiles depicted in Exhibit 25, ·1· page 6, they're 12-by-12 inches? ·2· · · ·A.· ·Yes. ·3· · · ·Q.· ·Okay. ·4· · · · · · And could you give us an estimate as to the ·5· length of the tiles between the shopping cart wheel -- ·6· the back shopping cart wheels and this wood box on the ·7· right side, which you call a wood platform? ·8· · · ·A.· ·Uh-huh.· I would say about 2 feet. ·9· · · ·Q.· ·Okay. 10· · · · · · Would it be under 2 feet because there's a 11· wheel -- the rear shopping cart wheel is there?· Do you 12· see it? 13· · · ·A.· ·Yeah.· I couldn't tell exactly, because -- 14· · · ·Q.· ·Okay. 15· · · ·A.· ·-- but I would say like 2 feet. 16· · · ·Q.· ·Okay. 17· · · · · · You can see that there's a line -- there's a 18· line through the floor tiles on the -- 19· · · ·A.· ·Oh, it would be, I think like -- if 2 feet is 20· 24 inches, this one, from the corner of the platform to 21· the corner of the edge of the wheel, will be 22 inches. 22· · · ·Q.· ·Okay.· Good. 23· · · · · · So say that differently, please.· You're 24· talking about the rear of the shopping cart; is that 25· correct? ·1· · · ·A.· ·No. ·2· · · ·Q.· ·The rear wheel? ·3· · · ·A.· ·Yeah, the rear wheel. ·4· · · ·Q.· ·Okay. ·5· · · · · · So the rear wheel of the shopping cart ·6· reflected in Exhibit 25, page 2, right? ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·And the corner of the wood platform, or wood ·9· box in Exhibit 25, page 2, right? 10· · · ·A.· ·Yes. 11· · · ·Q.· ·Is how many -- 12· · · ·A.· ·Twenty-two inches. 13· · · ·Q.· ·Twenty-two inches? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·That's your estimate? 16· · · ·A.· ·Yes. 17· · · ·Q.· ·Okay. 18· · · ·A.· ·This would be 98 percent correct. 19· · · ·Q.· ·Okay.· Good. 20· · · · · · And inviting your attention to Exhibit 25, 21· page 5.· Do you see that? 22· · · ·A.· ·Yes. 23· · · ·Q.· ·Okay. 24· · · · · · And do you recognize the area of the store 25· depicted in Exhibit 25, page 5? ·1· · · ·A.· ·Yes. ·2· · · ·Q.· ·Okay. ·3· · · · · · And that's a photograph; is that correct? ·4· · · ·A.· ·Yes. ·5· · · ·Q.· ·Okay. ·6· · · · · · And do you see where -- and that's the same ·7· shopping cart; is that correct? ·8· · · ·A.· ·Yes. ·9· · · ·Q.· ·Okay. 10· · · · · · And that's a rear wheel of the shopping cart. 11· Do you see that? 12· · · ·A.· ·Okay.· Just one wheel that we can see. 13· · · ·Q.· ·That's correct.· And do you see that there's a 14· corner that is -- of the wood platform or wood box by 15· Cuc Le's feet?· Do you see that? 16· · · ·A.· ·Yes. 17· · · ·Q.· ·Okay. 18· · · · · · So could you give us an estimate as to the 19· distance between that -- the corner of that wood box 20· from Cuc Le's feet to that corner? 21· · · ·A.· ·Right now I can tell the platform corner to 22· the corner of the blue tile, that's 3 feet right there. 23· · · ·Q.· ·Okay. 24· · · · · · Now, so how far is Cuc Le's feet from the 25· corner of the wood platform -- the closest corner of the ·1· wood platform to her feet? ·2· · · ·A.· ·Between one and a half feet. ·3· · · ·Q.· ·Okay. ·4· · · · · · And so could you give us an estimate between ·5· the corner of that wood platform depicted in Exhibit 25, ·6· page 5, to the back wheel of the shopping cart? ·7· · · ·A.· ·Earlier I said 22 inches. ·8· · · ·Q.· ·Good. ·9· · · · · · Now, inviting your attention to Exhibit 25, 10· page 7, and this is the last photograph that we're going 11· to talk about before the break.· Do you see that? 12· · · ·A.· ·Yes. 13· · · ·Q.· ·Okay. 14· · · · · · So Exhibit 25, page 7, do you recognize this 15· area? 16· · · ·A.· ·Yes. 17· · · ·Q.· ·Okay. 18· · · · · · And how do you recognize this area? 19· · · ·A.· ·We see pictures back and forth. 20· · · ·Q.· ·Okay. 21· · · · · · We're just looking at different angles of the 22· different photographs reflected in Exhibit 25? 23· · · ·A.· ·Yes. 24· · · ·Q.· ·Okay. 25· · · · · · And so do you see where the circle is? ·1· · · ·A.· ·Yes. ·2· · · ·Q.· ·Okay. ·3· · · · · · There's a red circle depicted in Exhibit 25, ·4· page 7, correct? ·5· · · ·A.· ·Yes. ·6· · · ·Q.· ·And that corner of that wood box, do you see ·7· that? ·8· · · ·A.· ·Yes. ·9· · · ·Q.· ·Okay. 10· · · · · · So give me an estimate for the corner of that 11· wood box to Cuc Le's feet. 12· · · ·A.· ·It's the same.· Like one and a half feet. 13· · · ·Q.· ·Okay. 14· · · · · · And give us an estimate for the -- from 15· that -- the corner of that wood box to the back wheel of 16· the shopping cart. 17· · · ·A.· ·It's still 22 inches. 18· · · ·Q.· ·Perfect.· All right. 19· · · · · · And the reason why you know that is because? 20· · · ·A.· ·Based on the measurement of the tile. 21· · · ·Q.· ·Good. 22· · · · · · MR. NAKASE:· All right.· Let's take a break. 23· · · · · · THE VIDEOGRAPHER:· This concludes Media No. 1. 24· We're going off the record at 1:47. 25· · · · · · (Recess taken.) ·1· · · · · · THE VIDEOGRAPHER:· We are back on the record ·2· at 2:36 p.m.· This is the beginning of Media No. 2. ·3· BY MR. NAKASE: ·4· · · ·Q.· ·Okay. ·5· · · · · · Mr. Trieu? ·6· · · ·A.· ·Yes. ·7· · · ·Q.· ·You understand that you're still testifying ·8· under penalty of perjury as though you were in front of ·9· a jury and a judge? 10· · · ·A.· ·Yes. 11· · · ·Q.· ·Okay. 12· · · · · · Could I invite you to speak up just a little 13· bit? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·Okay. 16· · · · · · So did you see a video of Cuc Le falling in 17· the store? 18· · · ·A.· ·Yes, I saw that. 19· · · ·Q.· ·Okay. 20· · · · · · And could you describe what you saw? 21· · · ·A.· ·Oh, I saw a lady try to make a turn and seemed 22· like she tried to hold on to shopping cart but she 23· missed the cart -- 24· · · ·Q.· ·Okay. 25· · · ·A.· ·-- so fell on the floor. ·1· · · ·Q.· ·And you recall seeing a shopping cart? ·2· · · ·A.· ·Yes. ·3· · · ·Q.· ·Okay. ·4· · · · · · And inviting your attention to Exhibit 25, ·5· page 2. ·6· · · ·A.· ·Okay. ·7· · · ·Q.· ·And there's a photograph and that's the same ·8· photograph you recognized earlier as the store where Cuc ·9· Le fell; is that correct? 10· · · ·A.· ·Yes. 11· · · ·Q.· ·Okay. 12· · · · · · And do you recognize the shopping cart on the 13· left-hand side of the photograph in Exhibit 25, page 2? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·Okay. 16· · · · · · That's the shopping cart that you saw in the 17· video -- the surveillance video where -- that Cuc Le 18· fell; is that correct? 19· · · ·A.· ·Yes. 20· · · ·Q.· ·Okay. 21· · · · · · So -- and could you tell us in the video in 22· relation to this photograph in Exhibit 25, page 2, what 23· was the -- what was Cuc Le's direction of travel, with 24· the top of the page being north, and the bottom of the 25· page being south? ·1· · · · · · MR. HOY:· Objection.· The video speaks for ·2· itself. ·3· · · · · · Based on your recollection. ·4· · · · · · THE WITNESS:· I think she's facing the front ·5· of the shopping cart.· That's the direction she goes. ·6· BY MR. NAKASE: ·7· · · ·Q.· ·Okay. ·8· · · · · · She was facing south in the photograph? ·9· · · ·A.· ·Okay. 10· · · · · · If you call the head of the shopping cart 11· south, then, yes. 12· · · ·Q.· ·Okay.· Good. 13· · · · · · And so did you see that Cuc Le, in the video, 14· was -- started from behind the shopping cart? 15· · · ·A.· ·Yes. 16· · · ·Q.· ·Okay. 17· · · · · · And what did you see next? 18· · · ·A.· ·So I saw a lady away from the shopping cart, 19· but she turned -- 20· · · ·Q.· ·Turned which direction in the photograph of 21· Exhibit 25, page 2? 22· · · ·A.· ·Yeah.· She turned to the south. 23· · · ·Q.· ·She turned to the south -- 24· · · ·A.· ·To the south -- 25· · · ·Q.· ·To the right, also, or no? ·1· · · ·A.· ·No.· When she faced -- that's mean she turned ·2· to the left. ·3· · · ·Q.· ·She turned to the left? ·4· · · ·A.· ·Yes. ·5· · · ·Q.· ·Okay. ·6· · · · · · So if she's -- if she's facing south in the ·7· photograph, the bottom of the photograph, she's turning ·8· left? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·Correct? 11· · · ·A.· ·Yes. 12· · · ·Q.· ·Okay. 13· · · · · · So she wasn't behind the photograph -- sorry. 14· She was behind -- 15· · · ·A.· ·The shopping cart. 16· · · ·Q.· ·Cuc Le was behind the shopping cart and then 17· she turned left? 18· · · ·A.· ·Yes, she turned left. 19· · · ·Q.· ·Okay. 20· · · · · · And then what did she do next? 21· · · ·A.· ·And she tried to hold on to the cart, but she 22· missed the cart so she fell to the floor. 23· · · ·Q.· ·Okay. 24· · · · · · Did you see her walk past the cart? 25· · · · · · MR. HOY:· Vague as to "past." ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Did you see her -- did you see Cuc Le enter ·3· the area between the shopping cart and the corner of the ·4· wood box depicted in Exhibit 25, page 2? ·5· · · ·A.· ·No.· I think in the -- ·6· · · ·Q.· ·In the what? ·7· · · ·A.· ·In between of the shopping cart and -- ·8· · · · · · MR. HOY:· In between. ·9· · · · · · THE WITNESS:· Between. 10· BY MR. NAKASE: 11· · · ·Q.· ·Oh, in between? 12· · · ·A.· ·Yes. 13· · · ·Q.· ·Okay. 14· · · · · · So you saw Cuc Le walk in between the shopping 15· cart and the wood box reflected in Exhibit 25, page 2, 16· right? 17· · · ·A.· ·Yeah. 18· · · ·Q.· ·Okay. 19· · · ·A.· ·The way I see, she not walk through the 20· middle.· I saw she turned around, tried to hold on to 21· the cart, and then she, you know, fell down. 22· · · ·Q.· ·Oh, I see what you're saying.· Okay. 23· · · · · · Inviting your attention to Exhibit 68. 24· · · · · · (Exhibit No. 68 was marked.) 25 ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Sir, do you recognize the general area of the ·3· store, Exhibit 68 -- sorry.· Exhibit 68 -- Exhibit 68 ·4· consists of two pages, but I'm handing you Exhibit 68, ·5· page 2.· So do you recognize the general area of the ·6· store where this photograph was taken? ·7· · · ·A.· ·In general, but I could not tell, you know, ·8· north or south. ·9· · · ·Q.· ·Okay. 10· · · · · · Do you recognize the wood box depicted in 11· Exhibit 68, page 2? 12· · · · · · MR. HOY:· Specifically that box? 13· · · · · · MR. NAKASE:· Generally. 14· · · · · · THE WITNESS:· Yeah.· I just see a box in here. 15· BY MR. NAKASE: 16· · · ·Q.· ·Okay. 17· · · · · · Is that a similar box to the one that is 18· reflected in Exhibit 25, page 2? 19· · · · · · MR. HOY:· Objection.· Vague as to "similar." 20· BY MR. NAKASE: 21· · · ·Q.· ·In dimensions?· Let me say a complete 22· sentence.· In this Exhibit 68, page 2, you see a wood 23· box, yes? 24· · · ·A.· ·Yes, I see a wood box. 25· · · ·Q.· ·Okay. ·1· · · · · · And you see that -- do you see that the wood ·2· box is essentially empty with a -- what do you call that ·3· center -- 2-by-4? ·4· · · ·A.· ·Yes.· It should be built almost the same, but ·5· the measurement from this and the one at the corner, I ·6· could not tell, you know, if they are the same size. ·7· · · ·Q.· ·Okay. ·8· · · ·A.· ·They built the same way. ·9· · · ·Q.· ·Acceptable. 10· · · · · · So Exhibit 68, page 2 is a wood box, which is 11· similar in built -- construction -- 12· · · ·A.· ·Yes, construction. 13· · · ·Q.· ·-- as reflected in Exhibit 25? 14· · · ·A.· ·Yeah, 25, page 2. 15· · · ·Q.· ·Okay. 16· · · · · · And it's similar in construction as the wood 17· box in all the photographs in Exhibit 25, correct, 18· that's next to Cuc Le's torso? 19· · · ·A.· ·Yes. 20· · · ·Q.· ·Okay. 21· · · · · · MR. NAKASE:· Off the record real quick, 22· please. 23· · · · · · THE VIDEOGRAPHER:· Going off the record at 24· 2:43 p.m. 25· · · · · · (Recess taken.) ·1· · · · · · THE VIDEOGRAPHER:· We are back on the record ·2· at 2:45 p.m. ·3· BY MR. NAKASE: ·4· · · ·Q.· ·We just took a two-minute break and you went ·5· outside with your counsel; is that correct? ·6· · · ·A.· ·Yes. ·7· · · ·Q.· ·And you had a conversation with counsel; is ·8· that correct? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·And do you want to change your testimony? 11· · · ·A.· ·No. 12· · · · · · MR. NAKASE:· Okay. 13· · · · · · Inviting your attention to Exhibit 69. 14· · · · · · (Exhibit No. 69 was marked.) 15· BY MR. NAKASE: 16· · · ·Q.· ·Sir, Exhibit 69 is a California Identification 17· Card for Cuc Le.· Do you see that? 18· · · ·A.· ·Yes. 19· · · ·Q.· ·Okay. 20· · · · · · Have you seen this identification card before? 21· · · ·A.· ·Yes. 22· · · ·Q.· ·Okay. 23· · · · · · Inviting your attention to Exhibit -- sorry. 24· On Exhibit 69, do you see where it says, "Sex:· Female" 25· at the bottom? ·1· · · ·A.· ·Uh-huh -- yes. ·2· · · ·Q.· ·Okay. ·3· · · · · · You also see that the hair is black for Cuc ·4· Le, yes? ·5· · · ·A.· ·Yes. ·6· · · ·Q.· ·And her eyes are brown; is that correct? ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·You see that the height is 5 -- Cuc Le is ·9· 5 feet; is that correct? 10· · · ·A.· ·Yes. 11· · · ·Q.· ·And Cuc Le is 135 pounds; is that correct? 12· · · ·A.· ·Yes. 13· · · ·Q.· ·Okay. 14· · · · · · And so let me ask you this:· How tall are you, 15· sir? 16· · · ·A.· ·Five foot five. 17· · · ·Q.· ·Five feet five? 18· · · ·A.· ·Yeah. 19· · · ·Q.· ·Okay. 20· · · · · · And when you're standing up, can you give us 21· an estimate of how feet -- how many inches your feet are 22· apart from outside edge of your left feet to the outside 23· edge of your right feet? 24· · · · · · MR. HOY:· Objection.· Calls for speculation. 25· Incomplete hypothetical.· You don't have any idea if his ·1· feet are spread, or toe to toe -- or I mean, foot to ·2· foot.· I mean -- ·3· BY MR. NAKASE: ·4· · · ·Q.· ·Sir, do you understand my question? ·5· · · · · · MR. HOY:· -- it's vague and ambiguous. ·6· · · · · · THE WITNESS:· No. ·7· BY MR. NAKASE: ·8· · · ·Q.· ·When you're standing normally -- ·9· · · ·A.· ·Okay. 10· · · ·Q.· ·-- and having a conversation with somebody -- 11· · · ·A.· ·Okay. 12· · · ·Q.· ·-- can you give us an estimate as to how far 13· your feet are apart from edge to edge, outside edge? 14· · · ·A.· ·I would say 12 inches. 15· · · ·Q.· ·Outside edge? 16· · · ·A.· ·Yeah, outside. 17· · · · · · MR. HOY:· I will -- I will point out that the 18· back heel is more narrow than the tip of your toe. 19· They're a little bit like that (indicating). 20· · · · · · THE WITNESS:· Yeah, but in normal circumstance 21· I stand like this (indicating).· So that's my best 22· guess, so the -- 23· BY MR. NAKASE: 24· · · ·Q.· ·Okay. 25· · · ·A.· ·Okay. ·1· · · ·Q.· ·Do you adopt everything that your lawyer just ·2· said? ·3· · · · · · MR. HOY:· What did I say? ·4· · · · · · THE WITNESS:· Yeah. ·5· BY MR. NAKASE: ·6· · · ·Q.· ·Okay.· Perfect.· Good. ·7· · · ·A.· ·He said the back would be different than the ·8· front.· That's all. ·9· · · ·Q.· ·Okay. 10· · · · · · And so when you're walking, sir, how many 11· inches do you estimate your feet are apart from your 12· left foot outside edge to your right foot outside edge? 13· · · ·A.· ·I don't know.· We just have to act and look it 14· up again. 15· · · ·Q.· ·Just an estimate.· I'm not asking you to 16· guess. 17· · · ·A.· ·Okay. 18· · · ·Q.· ·I'm asking an estimate. 19· · · ·A.· ·So let -- give me a picture that you -- 20· · · ·Q.· ·Yeah, you're walking. 21· · · ·A.· ·So just walk like this (indicating). 22· · · ·Q.· ·Normal walk through the grocery store. 23· · · ·A.· ·So from the front of the foot to the back? 24· · · ·Q.· ·No.· Outside edge to outside edge of your 25· feet. ·1· · · ·A.· ·Okay. ·2· · · · · · If normal -- I'm still saying within a feet. ·3· So outside -- you know, see like -- ·4· · · ·Q.· ·Okay. ·5· · · · · · So when you're walking, you're estimating that ·6· your feet, left foot outside edge to right foot outside ·7· edge is still only 12 inches apart when you're walking? ·8· · · ·A.· ·You know that's -- that's what I just try ·9· right now, so I don't know when I walk far away it may 10· be different, but sometimes in normal movement, it's a 11· little different. 12· · · ·Q.· ·Based on your experience walking through the 13· store -- 14· · · ·A.· ·Uh-huh. 15· · · ·Q.· ·-- the grocery store, here in San Diego -- at 16· SF San Diego, how far do you estimate your feet to be? 17· · · · · · MR. HOY:· In what way?· Outside edge to 18· outside edge again? 19· · · · · · MR. NAKASE:· Outside edge to outside edge. 20· · · · · · THE WITNESS:· So I would say 14 to 16. 21· BY MR. NAKASE: 22· · · ·Q.· ·Okay. 23· · · · · · Fourteen to 16 inches? 24· · · ·A.· ·Yeah. 25· · · ·Q.· ·Okay. ·1· · · · · · And that's from the outside edge of your left ·2· foot to the outside edge of your right foot, correct? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·Okay. ·5· · · ·A.· ·It's in between there. ·6· · · ·Q.· ·Yeah. ·7· · · ·A.· ·You never know -- ·8· · · ·Q.· ·It's just an estimate. ·9· · · ·A.· ·-- exactly. 10· · · ·Q.· ·Okay. 11· · · · · · And based on your experience, how far do you 12· estimate Cuc Le's feet to be apart from outside edge to 13· outside edge when she's walking through your store? 14· · · · · · MR. HOY:· Calls for speculation. 15· · · · · · THE WITNESS:· I don't know. 16· BY MR. NAKASE: 17· · · ·Q.· ·You don't know? 18· · · ·A.· ·I don't know. 19· · · ·Q.· ·I'm just asking you for your estimate. 20· · · · · · MR. HOY:· It calls for speculation. 21· · · · · · Are you able to give an estimate for Cuc Le? 22· It lacks personal knowledge.· Complete -- 23· · · · · · THE WITNESS:· Yeah.· I believe everybody 24· walking in a different form of their normal thing. 25 ·1· BY MR. NAKASE: ·2· · · ·Q.· ·I agree. ·3· · · ·A.· ·I don't know. ·4· · · ·Q.· ·I agree with you.· I'm just asking you for an ·5· estimate. ·6· · · · · · MR. HOY:· And if you can't give an estimate, ·7· then don't, because he's -- he'll ask five times in ·8· order for you to say something.· If you're not capable ·9· of giving an estimate, just say, "I am not capable." 10· BY MR. NAKASE: 11· · · ·Q.· ·Do you adopt everything your lawyer just said? 12· · · · · · MR. HOY:· If you are capable, by all means, 13· give him an estimate, but if you're not capable, do not. 14· BY MR. NAKASE: 15· · · ·Q.· ·Do you adopt everything that your lawyer just 16· said? 17· · · ·A.· ·Not everything, but the last sentence, if I 18· can't adopt it, then I won't.· That's all.· I agree with 19· that. 20· · · ·Q.· ·Okay. 21· · · · · · And why aren't you able to give an estimate? 22· · · ·A.· ·Oh, I told you, each person, you know, walks 23· different.· So if you estimate, then -- 24· · · · · · MR. HOY:· I will let the record -- I want the 25· record to reflect that Mr. Nakase is making a sneering ·1· grin based on the answer that the deponent is giving, as ·2· if to judge or mock him, which I find highly ·3· inappropriate. ·4· · · · · · MR. NAKASE:· Okay. ·5· · · · · · MR. HOY:· Your face is your face, and I saw ·6· what I saw. ·7· · · · · · MR. NAKASE:· Move to strike as inappropriate. ·8· Improper development.· Personal opinion.· False ·9· testimony. 10· BY MR. NAKASE: 11· · · ·Q.· ·Go ahead, sir. 12· · · ·A.· ·Oh, I don't say -- I didn't answer anything. 13· · · ·Q.· ·Go ahead. 14· · · · · · So are you able -- strike that. 15· · · · · · You're not able to give an estimate of how far 16· a person that is five foot tall, their foot -- their 17· feet are apart when they're walking from outside edge to 18· outside edge; is that correct? 19· · · · · · MR. HOY:· Objection.· Unintelligible. 20· · · · · · THE WITNESS:· To me, I can answer that would 21· be less than the size that I give you on my size. 22· BY MR. NAKASE: 23· · · ·Q.· ·How tall is your wife? 24· · · ·A.· ·My wife? 25· · · ·Q.· ·Yes. ·1· · · ·A.· ·I think five feet 2. ·2· · · ·Q.· ·Five feet two? ·3· · · ·A.· ·Yeah. ·4· · · ·Q.· ·How long have you known your wife? ·5· · · ·A.· ·More than 30 years. ·6· · · ·Q.· ·Okay. ·7· · · · · · And in the 30 years -- you've seen her walk a ·8· lot during those 30 years, yes? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·Okay. 11· · · · · · And when your wife is walking and her -- how 12· far do you estimate her feet are apart from outside edge 13· to outside edge, left foot to right foot? 14· · · · · · MR. HOY:· Objection.· Irrelevant as to the 15· walking dimensions of Mr. Trieu's wife, but certainly if 16· you have an estimate for your wife, go ahead. 17· · · · · · THE WITNESS:· To me, on my size, the way I say 18· 14 to 16, then anybody smaller than me, I guess they 19· would be shorter than that distance. 20· BY MR. NAKASE: 21· · · ·Q.· ·Okay. 22· · · · · · And what would your estimate be for your wife 23· who is five feet two inches?· Concerning the distance -- 24· the inches her feet are apart from outside edge to 25· outside edge? ·1· · · ·A.· ·Twelve inches to 14 inches. ·2· · · ·Q.· ·Okay.· Let's move on. ·3· · · · · · Inviting your attention back to Exhibit 25, ·4· page 2.· Do you see that? ·5· · · ·A.· ·Yes. ·6· · · ·Q.· ·Okay. ·7· · · · · · If you were to look at the shopping cart, the ·8· back wheel to the corner of the wood box, you recall ·9· saying that was about 18 inches apart, correct? 10· · · · · · MR. HOY:· Misstates testimony.· He said 22. 11· · · · · · THE WITNESS:· I said 22. 12· BY MR. NAKASE: 13· · · ·Q.· ·Okay.· 22 inches, forgive me. 14· · · ·A.· ·Yeah. 15· · · ·Q.· ·So if Cuc Le was to walk between the wood box 16· and the back wheel of the shopping cart, she would 17· have 22 inches to walk in between; is that correct? 18· · · ·A.· ·Yes. 19· · · ·Q.· ·Sir, I'm going to invite your attention back 20· to Exhibit 25, page 2. 21· · · ·A.· ·I'm on page 2. 22· · · ·Q.· ·Okay. 23· · · · · · And the photograph is the same photograph 24· where Cuc Le tripped and fell; is that correct?· Never 25· mind.· Let me ask you a question:· If you were -- if you ·1· were to kick that wood box -- the corner of that wood ·2· box depicted in Exhibit 25, page 2 -- ·3· · · ·A.· ·Uh-huh -- yes. ·4· · · ·Q.· ·-- would it move? ·5· · · ·A.· ·No. ·6· · · · · · MR. HOY:· Objection.· Incomplete hypothetical. ·7· BY MR. NAKASE: ·8· · · ·Q.· ·Go ahead. ·9· · · ·A.· ·No. 10· · · ·Q.· ·Okay. 11· · · · · · And why not? 12· · · ·A.· ·It's heavy. 13· · · ·Q.· ·It's heavy? 14· · · ·A.· ·Yeah. 15· · · ·Q.· ·Okay. 16· · · · · · And that's the same wood box where the two 17· boxes of pears are on top of; is that correct? 18· · · ·A.· ·Yes. 19· · · ·Q.· ·Okay. 20· · · · · · And if you were to kick it, it's too heavy and 21· it wouldn't move, correct?· Go ahead.· Do you want to 22· change your testimony? 23· · · ·A.· ·No. 24· · · ·Q.· ·No? 25· · · ·A.· ·I just said kick. ·1· · · ·Q.· ·Okay. ·2· · · ·A.· ·You know, how hard you want to kick. ·3· · · ·Q.· ·Okay. ·4· · · ·A.· ·Normal kick, you will not move it. ·5· · · ·Q.· ·Okay. ·6· · · ·A.· ·That's all. ·7· · · ·Q.· ·Let me ask you a question:· The wood box that ·8· is depicted in Exhibit 25, and on the photographs where ·9· the two boxes of pears are stacked on top, which you 10· call a wood platform, okay?· Do you understand?· The 11· wood box? 12· · · ·A.· ·Yeah, we talked about this wood box. 13· · · ·Q.· ·So -- 14· · · · · · MR. HOY:· Yeah.· His terminology earlier was 15· platform.· So again, I object that you're trying to 16· confuse him with now calling a wood box, a pear box. 17· BY MR. NAKASE: 18· · · ·Q.· ·Do you adopt everything your lawyer just said? 19· · · ·A.· ·I understand. 20· · · ·Q.· ·Okay. 21· · · · · · You subscribe to everything your lawyer, Scott 22· Hoy, just said? 23· · · ·A.· ·He was saying when we call platform, you 24· should be better call platform every time you say better 25· than not -- just call wood box without a platform. ·1· · · ·Q.· ·Okay. ·2· · · ·A.· ·You can say platform, wood box. ·3· · · ·Q.· ·And you're following your lawyer's ·4· instruction, correct? ·5· · · · · · MR. HOY:· I did not instruct anything. ·6· Misstates what I just said. ·7· · · · · · THE WITNESS:· No.· He explained how -- the way ·8· it word.· So I try to understand and I agree, but I ·9· don't have like -- if you say "follow," I just answer 10· your question. 11· BY MR. NAKASE: 12· · · ·Q.· ·And what did your lawyer just explain to you? 13· · · ·A.· ·He said the platform -- you better call 14· platform.· You don't call wood box by itself.· That's 15· all I understand. 16· · · ·Q.· ·Okay. 17· · · · · · This wood box depicted in Exhibit 25, page 2, 18· what you call a wood platform -- 19· · · ·A.· ·Yeah, wood platform. 20· · · ·Q.· ·-- would you put that wood box in the front 21· entrance where people are walking right in? 22· · · · · · MR. HOY:· I'm going to make an objection that, 23· again, you're trying to mislead the testimony from the 24· deponent because you are using words that he 25· specifically rejected.· He specifically said he does not ·1· consider that a wood box, and you keep calling it a wood ·2· box.· You are trying to mislead him with your ·3· questioning.· Objection, again. ·4· BY MR. NAKASE: ·5· · · ·Q.· ·Do you adopt everything your lawyer just said? ·6· · · ·A.· ·I try to understand what he say. ·7· · · ·Q.· ·Okay. ·8· · · · · · Tell us what he just said. ·9· · · · · · MR. HOY:· No.· The record speaks for me and I 10· speak for me. 11· BY MR. NAKASE: 12· · · ·Q.· ·Do you understand what he just said?· Do you 13· understand what your lawyer Scott Hoy just said? 14· · · ·A.· ·Maybe not the whole thing. 15· · · ·Q.· ·Perfect. 16· · · · · · Then I'm going to ask you, would you put -- 17· would you put this wood box depicted in Exhibit 25, 18· page 2, what you call a wood platform, in the front 19· entrance of the store where people are walking in -- the 20· box, right in front of them? 21· · · · · · THE STENOGRAPHER:· Of them -- right in front 22· of them? 23· BY MR. NAKASE: 24· · · ·Q.· ·The customers. 25· · · ·A.· ·No. ·1· · · ·Q.· ·Why not? ·2· · · ·A.· ·For what reason why I put it there? ·3· · · ·Q.· ·I'm just asking you, would you put it there? ·4· · · ·A.· ·I don't put it there. ·5· · · ·Q.· ·Why not? ·6· · · ·A.· ·Because it's not the place that you put the ·7· wood box. ·8· · · ·Q.· ·Okay. ·9· · · · · · Would you put that wood box, what you call a 10· wood pedestal, on Exhibit 25, page 2, in the path of 11· travel in your aisle in the grocery store? 12· · · · · · MR. HOY:· Misstates testimony.· He never 13· called it a wood pedestal, ever. 14· BY MR. NAKASE: 15· · · ·Q.· ·You may answer the question. 16· · · ·A.· ·Yeah, I would say -- why you ask a question, 17· we put something like that in the middle of somewhere? 18· · · ·Q.· ·Yeah.· In the middle of the aisle, would you 19· do it? 20· · · ·A.· ·I don't think anybody would do it. 21· · · ·Q.· ·Why not? 22· · · ·A.· ·Because it's a walkway where the people walk. 23· · · ·Q.· ·I understand. 24· · · · · · MR. HOY:· That was his answer. 25· · · · · · THE WITNESS:· Yeah. ·1· BY MR. NAKASE: ·2· · · ·Q.· ·And what reason would you not put it there? ·3· Are you afraid that people might trip over it? ·4· · · ·A.· ·If you put anything in the people's walkway, ·5· they would trip on it. ·6· · · ·Q.· ·Okay. ·7· · · ·A.· ·Anything. ·8· · · ·Q.· ·And that would include this wood box, which ·9· you call a wood pedestal, on Exhibit 25, page 2, 10· correct? 11· · · · · · MR. HOY:· He never called it a pedestal. 12· · · · · · THE WITNESS:· Yeah.· I would say if you put 13· anything in the people's walkway, anything, people -- 14· you know, wouldn't be a right place to put. 15· BY MR. NAKASE: 16· · · ·Q.· ·Got it. 17· · · · · · Sir, inviting your attention to Exhibit 50, 18· please. 19· · · ·A.· ·Okay. 20· · · · · · MR. NAKASE:· Off the record real quick, 21· please.· Sorry about that. 22· · · · · · THE VIDEOGRAPHER:· Going off the record at 23· 3:05 p.m. 24· · · · · · (Recess taken.) 25· · · · · · THE VIDEOGRAPHER:· We are back on the record ·1· at 3:07 p.m. ·2· BY MR. NAKASE: ·3· · · ·Q.· ·Okay. ·4· · · · · · For the record, Exhibit 50 is SF Supermarket ·5· California Employee Handbook.· Are you on Exhibit 50, ·6· page 51, sir? ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·And you see at the top, the first heading? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·Okay. 11· · · · · · Can you read that, please? 12· · · ·A.· ·"Floor Monitoring Procedure." 13· · · ·Q.· ·Okay. 14· · · · · · And have you seen this page before, 15· Exhibit 50, page -- Exhibit 50, page 51? 16· · · ·A.· ·Yes. 17· · · ·Q.· ·And how many times have you seen this? 18· · · ·A.· ·Many times. 19· · · ·Q.· ·Many times. 20· · · · · · And have you considered the floor monitoring 21· procedures, reflected in Exhibit 50, page 51, when you 22· walk through the -- the store here in San Diego? 23· · · ·A.· ·Repeat the question one more time. 24· · · ·Q.· ·When you're walking through the store, here in 25· San Diego, Thuan Phat -- ·1· · · ·A.· ·Right. ·2· · · ·Q.· ·-- did you consider the floor monitoring ·3· procedures reflected on Exhibit 50, page 51? ·4· · · · · · MR. HOY:· Vague and ambiguous. ·5· · · · · · THE WITNESS:· You say "reflect," that means in ·6· this -- everything in this guideline? ·7· BY MR. NAKASE: ·8· · · ·Q.· ·Yes.· The guideline in Exhibit 50, page 51, ·9· floor monitoring procedure? 10· · · ·A.· ·In general, I would. 11· · · ·Q.· ·Okay. 12· · · · · · And did you? 13· · · ·A.· ·Yes. 14· · · · · · MR. HOY:· Vague as to time. 15· BY MR. NAKASE: 16· · · ·Q.· ·And did in May -- and before -- strike that. 17· · · · · · And did you consider it in 2017 when you were 18· walking throughout the store? 19· · · ·A.· ·Every time I walk through the store, I would 20· try my best. 21· · · ·Q.· ·Got it. 22· · · · · · So I'm inviting your attention back to 23· Exhibit 50, page 51, 4th sentence down, do you see that? 24· It says, "This document"? 25· · · · · · THE STENOGRAPHER:· I'm sorry, it says what? ·1· · · · · · MR. NAKASE:· "This Document." ·2· · · · · · THE STENOGRAPHER:· Thank you. ·3· BY MR. NAKASE: ·4· · · ·Q.· ·Could you read that sentence for us, please? ·5· · · ·A.· ·"This document, along with your supervisor's ·6· guide and direction, serves as your training on floor ·7· monitoring.· Your consistent floor monitoring will help ·8· prevent customer accidents." ·9· · · ·Q.· ·And is it your company's policy to follow this 10· floor monitoring procedure, which you just read? 11· · · ·A.· ·Yes. 12· · · ·Q.· ·Okay. 13· · · · · · Now go to the next one -- the next heading, 14· what does it say, "conditions" -- 15· · · ·A.· ·"Conditions that Lead to slips, trips, and 16· falls." 17· · · ·Q.· ·Okay. 18· · · · · · And inviting your attention to the center 19· column, the first bullet point, could you read that for 20· us? 21· · · ·A.· ·You mean like, "Single case left on the sales 22· floor"? 23· · · ·Q.· ·Yes. 24· · · ·A.· ·"Dropped merchandise or single product items 25· on the sales floor, empty boxes left on the sales floor, ·1· low profile display lower than waist high." ·2· · · ·Q.· ·Okay. ·3· · · · · · And so is it your store and -- store policy to ·4· follow the items that you just identified? ·5· · · ·A.· ·They should. ·6· · · ·Q.· ·Okay. ·7· · · · · · And why is that important? ·8· · · ·A.· ·Here it says "Conditions that Lead to slips, ·9· trips, and falls. 10· · · ·Q.· ·And that's your belief also; is that correct? 11· · · ·A.· ·It's in here. 12· · · ·Q.· ·Yes, I understand it's in there.· And that's 13· your belief also as the general manager; is that 14· correct? 15· · · ·A.· ·Yes. 16· · · ·Q.· ·And you use this as a guideline to identify 17· trip hazards in your store; is that correct? 18· · · ·A.· ·Yes. 19· · · ·Q.· ·Okay. 20· · · · · · And let's go to the next item, the first 21· bullet point, do you see that? 22· · · · · · MR. HOY:· In what column? 23· BY MR. NAKASE: 24· · · ·Q.· ·On Exhibit 25, page 51, the first bullet point 25· on the far right column. ·1· · · ·A.· ·It says, "Exposed pallet corner on palletized ·2· merchandise display." ·3· BY MR. NAKASE: ·4· · · ·Q.· ·Okay. ·5· · · · · · And do you consider exposed pallet corners as ·6· a trip hazard? ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·And why? ·9· · · ·A.· ·Because if you don't have product on the 10· pallet, you know, people don't see it. 11· · · ·Q.· ·And -- 12· · · ·A.· ·And what? 13· · · ·Q.· ·And they could trip on the pallet corners; is 14· that correct? 15· · · ·A.· ·Yes. 16· · · ·Q.· ·Because it's an exposed pallet corner and 17· people could trip over it; is that correct? 18· · · ·A.· ·If the pallet corner don't have, you know, any 19· product on it. 20· · · ·Q.· ·Okay. 21· · · · · · And so if there is products on it, like a box 22· of pears, that would not be a trip hazard, correct? 23· · · ·A.· ·Yes, because people can see it. 24· · · ·Q.· ·Perfect. 25· · · · · · So if there's one box of Pingle pears on a ·1· wood pallet, that would not be a trip hazard; is that ·2· correct? ·3· · · ·A.· ·Okay. ·4· · · · · · Determine -- you want me and you to determine ·5· the -- how you say, hazards condition? ·6· · · ·Q.· ·Okay. ·7· · · ·A.· ·So where do we start? ·8· · · ·Q.· ·Let me ask you a question:· Inviting your ·9· attention back to Exhibit 25, page 2 -- sorry, exhibit 10· 25, page 7. 11· · · ·A.· ·Page 2, right? 12· · · ·Q.· ·Page 7. 13· · · ·A.· ·Seven. 14· · · ·Q.· ·Okay. 15· · · · · · You see where the red circle is? 16· · · ·A.· ·Yes. 17· · · ·Q.· ·Would you consider that wood box, which you 18· call a wood pallet, with two boxes of fruit on it, a 19· trip hazard? 20· · · ·A.· ·No. 21· · · ·Q.· ·Why not? 22· · · ·A.· ·Because people can see it easily. 23· · · ·Q.· ·Okay. 24· · · ·A.· ·If you don't look at where you go, you can 25· trip on anything. ·1· · · ·Q.· ·I see.· Anything else? ·2· · · ·A.· ·That's the common sense. ·3· · · ·Q.· ·That's common sense? ·4· · · ·A.· ·Yes. ·5· · · ·Q.· ·Inviting your attention back to Exhibit 50, ·6· page 51.· You ready? ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·Okay. ·9· · · · · · You see where those bullet points, center 10· column -- do you see that, the center column -- 11· · · ·A.· ·Okay. 12· · · ·Q.· ·-- of the bullet points? 13· · · ·A.· ·Yes. 14· · · ·Q.· ·Okay. 15· · · · · · Fourth one down, could you read that for us? 16· · · ·A.· ·"Low profile display lower than waist high." 17· · · ·Q.· ·Okay. 18· · · · · · So do you consider low profile displays lower 19· than waist high a trip hazard? 20· · · ·A.· ·Yeah, but low profile, that means the display 21· that's right in the middle, you know, without 22· surrounding of any product. 23· · · ·Q.· ·Okay. 24· · · ·A.· ·But I saw this box next to the big wood box 25· here (indicating). ·1· · · ·Q.· ·I'm just asking you a question:· Do you ·2· consider a low profile display lower than waist high a ·3· trip hazard? ·4· · · ·A.· ·Yes. ·5· · · ·Q.· ·Yes? ·6· · · ·A.· ·Yes. ·7· · · ·Q.· ·Okay. ·8· · · · · · So looking back to Exhibit 25, page 7, give us ·9· your best estimate as to the height of that wood box, 10· you call a wood platform, with two boxes of Pingle pears 11· up on top. 12· · · ·A.· ·Yeah, but this one is not stand alone by 13· itself.· It was next to the wall. 14· · · ·Q.· ·I'm just asking you a question:· Could you 15· give us your best estimate as to the height of the wood 16· box, reflected in Exhibit 25, page 7, with the two boxes 17· of Pingle pears on top, just the height? 18· · · ·A.· ·About 14 inches. 19· · · ·Q.· ·And do you consider that a trip hazard? 20· · · · · · MR. HOY:· Asked and answered. 21· · · · · · THE WITNESS:· No. 22· BY MR. NAKASE: 23· · · ·Q.· ·Okay. 24· · · · · · Why not? 25· · · ·A.· ·Not in this case because this one was next to ·1· the display box higher than waist. ·2· · · ·Q.· ·And there's no way that your customer could ·3· trip over the corner of that wood box with the two boxes ·4· of pears on top, reflected in Exhibit 25, page 7; is ·5· that correct? ·6· · · · · · MR. HOY:· Incomplete hypothetical.· Calls for ·7· speculation. ·8· BY MR. NAKASE: ·9· · · ·Q.· ·You may answer. 10· · · ·A.· ·If they walk and they don't look at it, they 11· will trip. 12· · · ·Q.· ·They would? 13· · · ·A.· ·If they don't look at it. 14· · · ·Q.· ·So we're looking at Exhibit 25, page 7, where 15· the red circle is -- inside that red circle is a corner 16· of the wood box and two boxes of pears, do you see that? 17· · · ·A.· ·Yes. 18· · · ·Q.· ·And you estimate that to be 6 inches high, 19· correct? 20· · · · · · MR. HOY:· He said 14. 21· BY MR. NAKASE: 22· · · ·Q.· ·14 inches high? 23· · · ·A.· ·Yes. 24· · · ·Q.· ·Okay. 25· · · · · · And if your customers are walking and they're ·1· not paying attention, they could trip over that corner; ·2· is that correct? ·3· · · ·A.· ·Yes. ·4· · · · · · MR. NAKASE:· Let's move on. ·5· · · · · · Inviting your attention to Exhibit -- ·6· inviting your attention to Exhibit 41. ·7· · · · · · (Exhibit No. 41 was marked.) ·8· BY MR. NAKASE: ·9· · · ·Q.· ·Do you recognize this store depicted in 10· Exhibit 41? 11· · · ·A.· ·Yes. 12· · · ·Q.· ·What store is that? 13· · · ·A.· ·SF San Diego, Inc.· Sometimes they call it -- 14· · · · · · THE STENOGRAPHER:· I'm sorry? 15· · · · · · THE WITNESS:· Thuan Phat Supermarket. 16· Sometimes they call it that. 17· BY MR. NAKASE: 18· · · ·Q.· ·Okay, sir, are you ready? 19· · · ·A.· ·Uh-huh. 20· · · ·Q.· ·I'm going to show you a video in Exhibit 41, 21· part 1, 8 minutes and 57 -- sorry -- 8 minutes and 22· 57 seconds into the video, right here -- do you see that 23· right here (indicating)? 24· · · ·A.· ·Okay. 25· · · ·Q.· ·All right. ·1· · · · · · I'm going to let you look at the video and I'm ·2· going to stop it.· Okay? ·3· · · ·A.· ·Okay. ·4· · · · · · (Video playing.) ·5· BY MR. NAKASE: ·6· · · ·Q.· ·Okay. ·7· · · · · · We stopped the video at 9 minutes and ·8· 13 seconds.· Sir, have you seen this part of the video ·9· before where Cuc Le just fell? 10· · · ·A.· ·Yeah.· It's on my phone.· The resolution is 11· terrible.· It's not good like this. 12· · · ·Q.· ·Okay. 13· · · · · · Would you like to look at the one that's on 14· your phone instead? 15· · · ·A.· ·No.· No.· No.· This one's better.· So we can 16· see -- 17· · · ·Q.· ·I prefer to look at the one on your phone. 18· Let me ask you a question:· Would you agree to preserve 19· the video on your phone? 20· · · · · · MR. HOY:· Asked and answered. 21· · · · · · THE WITNESS:· I preserved it. 22· BY MR. NAKASE: 23· · · ·Q.· ·Okay.· Good. 24· · · ·A.· ·We can look at -- this is good. 25· · · ·Q.· ·Okay. ·1· · · ·A.· ·It's all the same, but, you know, this one is ·2· more clear. ·3· · · ·Q.· ·This one's more clear?· Okay.· But when you ·4· say "this one," you're talking about Exhibit 41? ·5· · · ·A.· ·This one here (indicating). ·6· · · ·Q.· ·The video, yes? ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·Okay. ·9· · · · · · And this is the same or similar video, which 10· the copy is on your phone where Cuc Le fell; is that 11· correct? 12· · · ·A.· ·Yes. 13· · · ·Q.· ·Okay. 14· · · · · · And you've seen this part of the video before; 15· is that correct? 16· · · ·A.· ·Yes. 17· · · ·Q.· ·Okay. 18· · · · · · So I'm going to start the video again.· Can 19· you see the top left corner okay -- 20· · · ·A.· ·Yes. 21· · · ·Q.· ·-- of the video? 22· · · · · · Would you like me to zoom it in so you can see 23· it better? 24· · · ·A.· ·I think like this is okay.· Unless where you 25· want to see, that's all.· You can zoom in if you like. ·1· · · ·Q.· ·Would you like me to zoom in so you can see it ·2· better? ·3· · · ·A.· ·Let's try.· Let's try. ·4· · · ·Q.· ·Okay. ·5· · · · · · Is that better for you? ·6· · · ·A.· ·Yes. ·7· · · ·Q.· ·So we're going start the video at 8 minutes ·8· and 38 seconds, and it's playing. ·9· · · · · · (Video playing). 10· BY MR. NAKASE: 11· · · ·Q.· ·We're going to stop the video at 9 minutes and 12· 4 seconds.· Do you see a shopping cart entering the top 13· right corner of the frame? 14· · · ·A.· ·Okay.· Now I see it. 15· · · ·Q.· ·You see it? 16· · · ·A.· ·Yes. 17· · · ·Q.· ·Okay. 18· · · · · · I'm going to continue the video.· Okay? 19· · · ·A.· ·Okay. 20· · · · · · (Video playing.) 21· BY MR. NAKASE: 22· · · ·Q.· ·Do you see a shopping -- tell me what you see 23· on the top right corner regarding the shopping cart? 24· · · ·A.· ·I saw a lady push shopping cart, but her head 25· look like -- you know, half looking to her right. ·1· · · ·Q.· ·Okay. ·2· · · · · · And that's at 9 minutes and 7 seconds, ·3· correct? ·4· · · ·A.· ·Okay. ·5· · · ·Q.· ·Of the video? ·6· · · ·A.· ·Yes. ·7· · · ·Q.· ·I'm going to play it and I'm going to stop it, ·8· and tell me what you see.· Okay? ·9· · · ·A.· ·Okay. 10· · · · · · (Video playing.) 11· BY MR. NAKASE: 12· · · ·Q.· ·What do you see? 13· · · ·A.· ·The lady with the shopping cart stopped. 14· · · ·Q.· ·Okay. 15· · · · · · Where is she looking? 16· · · ·A.· ·I don't see that clearly. 17· · · ·Q.· ·You don't see it?· That's fine. 18· · · ·A.· ·The face black, so I don't -- 19· · · ·Q.· ·That's fine. 20· · · ·A.· ·Yeah. 21· · · ·Q.· ·Okay. 22· · · · · · Would it help if I zoom in a little bit more? 23· · · ·A.· ·I think when you zoom more, you see less. 24· It's blur. 25· · · ·Q.· ·Okay. ·1· · · · · · So we're at 9 minutes and 9 seconds into the ·2· video.· Okay.· I'm going to play it.· Is that okay? ·3· · · ·A.· ·Yes. ·4· · · · · · (Video playing.) ·5· BY MR. NAKASE: ·6· · · ·Q.· ·I'm going to pause and then you tell me what ·7· happened.· Okay? ·8· · · ·A.· ·Okay. ·9· · · ·Q.· ·And we're looking at the lady, right? 10· · · ·A.· ·Okay. 11· · · ·Q.· ·With the shopping cart? 12· · · ·A.· ·Yes. 13· · · ·Q.· ·Where's her two hands on the shopping cart 14· that you can see? 15· · · ·A.· ·I only see one hand for now. 16· · · ·Q.· ·Okay. 17· · · · · · And where's that hand? 18· · · ·A.· ·The left hand. 19· · · ·Q.· ·Where is it on the shopping cart? 20· · · ·A.· ·On the handle. 21· · · ·Q.· ·On the handle of the shopping cart? 22· · · ·A.· ·It looks like. 23· · · ·Q.· ·Okay. 24· · · · · · I'm going to play it.· Are you ready? 25· · · ·A.· ·Yes. ·1· · · · · · (Video playing.) ·2· BY MR. NAKASE: ·3· · · ·Q.· ·Okay. ·4· · · · · · What do you see next in the video at 9 minutes ·5· and 10 seconds in? ·6· · · ·A.· ·She turned to the left. ·7· · · ·Q.· ·Okay. ·8· · · · · · And what is she looking at? ·9· · · · · · MR. HOY:· I'm going to object that it calls 10· for an expert opinion. 11· BY MR. NAKASE: 12· · · ·Q.· ·Does it appear that the lady is looking at 13· some produce? 14· · · ·A.· ·It looks like. 15· · · ·Q.· ·Okay. 16· · · ·A.· ·But I can't see, you know, because, you 17· know -- if you like, you can go back up a little bit and 18· go forward and see. 19· · · ·Q.· ·Okay. 20· · · · · · And at 9 minutes and 10 seconds are her hands 21· still on the shopping cart? 22· · · ·A.· ·No. 23· · · ·Q.· ·And can you see where her hands are? 24· · · ·A.· ·I think her hands are down to her waist. 25· · · ·Q.· ·Okay. ·1· · · · · · THE STENOGRAPHER:· I need you to speak up, ·2· please.· Thank you. ·3· · · · · · THE WITNESS:· I can't see that well, but I'm ·4· guessing her hand down to her -- ·5· · · · · · MR. HOY:· Don't guess. ·6· BY MR. NAKASE: ·7· · · ·Q.· ·Okay. ·8· · · ·A.· ·And it need to be moved so I can see, but now, ·9· no. 10· · · ·Q.· ·Now continuing at 9 minutes and 10 seconds, 11· I'm going to push play.· Okay? 12· · · ·A.· ·Yes. 13· · · · · · (Video playing.) 14· BY MR. NAKASE: 15· · · ·Q.· ·Okay. 16· · · · · · The video stops at 9 minutes and 11 seconds. 17· Do you see that? 18· · · ·A.· ·Yes. 19· · · ·Q.· ·And is Cuc Le looking forward -- or could you 20· describe Cuc Le's head in relation to her torso? 21· · · ·A.· ·Okay. 22· · · · · · I think her head is looking back at something. 23· One hand is up and the other hand is, you know, reaching 24· in the back for something. 25· · · ·Q.· ·Okay. ·1· · · · · · And so her torso is -- appears to be moving ·2· forward, correct? ·3· · · · · · MR. HOY:· Well, the frame is still. ·4· · · · · · MR. NAKASE:· I understand it's a still frame ·5· at 9 minutes and 11 seconds.· We're asking us to -- the ·6· witness to describe. ·7· · · · · · THE WITNESS:· Yeah.· Her head turning one ·8· side, so -- ·9· BY MR. NAKASE: 10· · · ·Q.· ·Okay. 11· · · · · · And what side is Cuc Le's head turned? 12· · · ·A.· ·Her head to the angle of the back. 13· · · ·Q.· ·Okay. 14· · · · · · THE STENOGRAPHER:· Of the what?· I'm sorry, of 15· the -- 16· · · · · · THE WITNESS:· She's looking to the back.· Her 17· face not straight. 18· · · · · · THE STENOGRAPHER:· Thank you. 19· BY MR. NAKASE: 20· · · ·Q.· ·Okay. 21· · · · · · So she's essentially looking -- almost looking 22· backward? 23· · · ·A.· ·Half of the backward. 24· · · ·Q.· ·Okay. 25· · · · · · And it appears she's reaching for something? ·1· · · ·A.· ·No.· One hand is up.· One hand is in the back. ·2· So I don't know. ·3· · · ·Q.· ·Okay. ·4· · · · · · So we're at 9 minutes and 11 seconds.· I'm ·5· going to play it and I'm going to stop, and I'm going to ·6· ask you to describe what happens next.· Okay? ·7· · · ·A.· ·Okay. ·8· · · · · · (Video playing.) ·9· BY MR. NAKASE: 10· · · ·Q.· ·Did you see what happened? 11· · · ·A.· ·Yeah.· She just come down. 12· · · ·Q.· ·Okay. 13· · · · · · She hasn't fallen yet.· We're at 9 -- we're 14· still at 9 minutes and 11 seconds, right? 15· · · ·A.· ·Yes. 16· · · · · · MR. HOY:· I'm going to object.· The video 17· speaks for itself and it mischaracterizes the video when 18· you said "she hasn't fallen yet," because to me it looks 19· like she's in the process of falling.· So that would be 20· falling. 21· · · · · · MR. NAKASE:· Okay. 22· BY MR. NAKASE: 23· · · ·Q.· ·Do you adopt everything your lawyer just said? 24· · · ·A.· ·Yes. 25· · · ·Q.· ·Okay. ·1· · · · · · I'm going to go back at 9 minutes and ·2· 2 seconds -- actually, 9 minutes and 7 seconds.· Ready? ·3· Play. ·4· · · · · · (Video playing.) ·5· BY MR. NAKASE: ·6· · · ·Q.· ·Okay. ·7· · · · · · We're at 9 minutes and 11 seconds into the ·8· video, do you see that? ·9· · · ·A.· ·Uh-huh -- yes. 10· · · ·Q.· ·Okay. 11· · · · · · Could you describe Cuc Le's body and torso in 12· relation to her head? 13· · · ·A.· ·She twists her body like her mind try to go to 14· the front, but her whole face and body is to the back. 15· · · ·Q.· ·Okay. 16· · · · · · You're saying her torso -- her torso, right 17· here (indicating) -- 18· · · ·A.· ·Uh-huh. 19· · · ·Q.· ·-- is facing the left going forward?· Is that 20· a yes or a no? 21· · · ·A.· ·Okay.· Let's describe again. 22· · · ·Q.· ·Go ahead. 23· · · ·A.· ·No, you describe. 24· · · ·Q.· ·I would like for you to describe. 25· · · ·A.· ·Oh.· I saw her try to move up.· It seems like ·1· she want to walk up, but her whole attention is still in ·2· her back.· So that means you want to go up, but your ·3· head -- you know, everything still look to the back when ·4· seems like you want to move ahead. ·5· · · ·Q.· ·Okay. ·6· · · · · · What you just said, is that the best English ·7· that you can describe what you just saw at where the ·8· video stops at 9 minutes and 11 seconds? ·9· · · ·A.· ·Yes.· I will describe again.· She's trying to 10· walk to the front, but her whole body is turned to the 11· back. 12· · · ·Q.· ·Okay. 13· · · · · · When you say she's walking to the front, are 14· you describing her as walking forward? 15· · · ·A.· ·Yeah, walking forward. 16· · · ·Q.· ·Okay. 17· · · · · · But her head is looking to the back? 18· · · ·A.· ·Yeah. 19· · · ·Q.· ·And where is her arms, if you can see? 20· · · ·A.· ·We only can see one arm raised up. 21· · · ·Q.· ·Okay. 22· · · · · · And where is that at? 23· · · ·A.· ·The left arm raised up -- 24· · · ·Q.· ·Okay. 25· · · ·A.· ·-- but the right, I don't -- ·1· · · ·Q.· ·Okay. ·2· · · · · · I'm going to start and stop.· Okay? ·3· · · ·A.· ·Okay. ·4· · · · · · (Video playing.) ·5· BY MR. NAKASE: ·6· · · ·Q.· ·Okay. ·7· · · · · · We're at 9 minutes and 12 seconds in.· Do you ·8· see that? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·Okay. 11· · · · · · Now where is Cuc Le's torso in relation to the 12· shopping cart? 13· · · · · · MR. HOY:· The video speaks for itself. 14· · · · · · THE WITNESS:· I think her whole body is 15· opposite of the shopping cart. 16· BY MR. NAKASE: 17· · · ·Q.· ·What does that mean? 18· · · ·A.· ·Like her front -- her face is on the different 19· side of the shopping cart. 20· · · ·Q.· ·Okay. 21· · · · · · And do you -- how would you describe her torso 22· in relation to the length of the shopping cart?· Is she 23· still behind the shopping cart? 24· · · ·A.· ·No. 25· · · ·Q.· ·Okay. ·1· · · · · · Where is Cuc Le now at 9 minutes and ·2· 12 seconds in? ·3· · · ·A.· ·She's on the side of the shopping cart now. ·4· · · ·Q.· ·Okay. ·5· · · · · · She's on the side of the shopping cart now? ·6· · · ·A.· ·Yes. ·7· · · ·Q.· ·Okay. ·8· · · · · · And what do you see her head doing? ·9· · · ·A.· ·She come like this one in the -- in the action 10· of, you know, not balancing. 11· · · ·Q.· ·Okay. 12· · · · · · And where do you think her head's looking -- 13· her eyes, based on the video? 14· · · ·A.· ·Her face looking down. 15· · · ·Q.· ·Down? 16· · · ·A.· ·Yeah. 17· · · ·Q.· ·Okay. 18· · · · · · What do you think she's looking at? 19· · · · · · MR. HOY:· Calls for speculation. 20· · · · · · Don't guess. 21· · · · · · THE WITNESS:· I don't know.· Her face is 22· looking down.· I don't know what she's looking at. 23· BY MR. NAKASE: 24· · · ·Q.· ·Okay. 25· · · · · · Do you know what an inference is, sir?· Do you ·1· know what circumstantial evidence means? ·2· · · ·A.· ·No. ·3· · · · · · MR. HOY:· Objection.· Calls for a legal ·4· conclusion. ·5· BY MR. NAKASE: ·6· · · ·Q.· ·Okay. ·7· · · · · · We're on Exhibit 41, right? ·8· · · ·A.· ·Uh-huh -- yes. ·9· · · ·Q.· ·Okay. 10· · · · · · At 9 minutes and 12 seconds in, right? 11· · · ·A.· ·Yes. 12· · · ·Q.· ·Okay. 13· · · · · · Do you see where her -- her -- her feet are? 14· · · ·A.· ·Yeah.· One of the -- I think in the front 15· feet -- 16· · · ·Q.· ·Uh-huh. 17· · · ·A.· ·-- is out here. 18· · · ·Q.· ·Which front feet, the left one or the right 19· foot? 20· · · ·A.· ·Right. 21· · · ·Q.· ·Okay. 22· · · · · · You can see the right foot, right? 23· · · ·A.· ·Yes. 24· · · ·Q.· ·And where's the left foot, sir? 25· · · ·A.· ·I think somewhere back there (indicating). ·1· · · ·Q.· ·Okay. ·2· · · · · · And where do -- what do you think is -- what ·3· do you think is located adjacent to her left foot? ·4· · · · · · MR. HOY:· Objection.· Calls for speculation. ·5· BY MR. NAKASE: ·6· · · ·Q.· ·Based on what you know reflected in ·7· Exhibit 25 -- the photographs in Exhibit 25. ·8· · · · · · MR. HOY:· Objection.· The photos and video ·9· speak for themselves.· Calls for expert opinion. 10· · · · · · THE WITNESS:· I just -- I don't see her left 11· foot, that's -- 12· BY MR. NAKASE: 13· · · ·Q.· ·Okay. 14· · · · · · Let me ask you a question. 15· · · ·A.· ·Yes. 16· · · ·Q.· ·In relation to Exhibit 25, the photographs you 17· saw in Exhibit 25, you remember there is a wood box 18· there? 19· · · ·A.· ·Not a wood box, a platform. 20· · · ·Q.· ·A platform.· Okay.· We'll call it a platform. 21· Do you think -- if you're looking at Exhibit 41, part 1, 22· 9 minutes and 12 seconds in, do you think -- can you 23· determine whether there is a wood box, what you call a 24· wood platform, located where her left foot is? 25· · · · · · MR. HOY:· Objection.· Calls for speculation, ·1· and an expert opinion. ·2· BY MR. NAKASE: ·3· · · ·Q.· ·Based on your estimate. ·4· · · ·A.· ·Yeah, it depends when she -- her feet would ·5· swing out -- ·6· · · ·Q.· ·Okay. ·7· · · ·A.· ·-- you know, the front one is -- I don't know, ·8· like 18 inches, and then after that is the whole pallet ·9· there.· I don't know which one her foot at now. 10· · · ·Q.· ·Okay. 11· · · · · · And you can't estimate whether there's a -- 12· that -- that wood platform is in the video, Exhibit 41, 13· part 1, 9 minutes and 12 seconds in? 14· · · · · · MR. HOY:· Objection.· You don't estimate -- 15· you estimate distance and time.· You don't estimate 16· where things are. 17· · · · · · Don't guess. 18· · · · · · It calls for speculation. 19· BY MR. NAKASE: 20· · · ·Q.· ·Do you understand my question? 21· · · ·A.· ·Yeah, I understand, but I told you, I don't 22· know how far her leg would swing out.· I don't see 23· anything in her leg.· So her legs can be at any point. 24· · · ·Q.· ·Okay. 25· · · · · · And looking at this video at 9 minutes and ·1· 12 seconds in, you can't tell at all whether that -- ·2· that wood platform, in Exhibit 25, is located where her ·3· left foot is, correct? ·4· · · ·A.· ·Yeah.· I can't see. ·5· · · ·Q.· ·Okay. ·6· · · · · · MR. HOY:· Objection.· Calls for speculation. ·7· BY MR. NAKASE: ·8· · · ·Q.· ·And there's no way for you to determine that; ·9· is that correct? 10· · · · · · THE STENOGRAPHER:· Hold on, Counsel.· I can't 11· take both of you down.· I need him to finish his 12· objection, please. 13· · · · · · MR. HOY:· Calls for speculation and calls for 14· an expert opinion. 15· BY MR. NAKASE: 16· · · ·Q.· ·Under the circumstance, would you be able to 17· determine whether your wood platform is located where 18· her left foot is? 19· · · · · · MR. HOY:· Objection.· Calls for speculation as 20· to where her left foot is. 21· BY MR. NAKASE: 22· · · ·Q.· ·In Exhibit 41 -- 23· · · ·A.· ·Two things -- 24· · · ·Q.· ·-- 9 minutes and 12 seconds in. 25· · · ·A.· ·Yeah.· Two things, I know the platform is at ·1· the column down -- ·2· · · ·Q.· ·Uh-huh. ·3· · · ·A.· ·-- but I don't see her foot at -- anywhere, so ·4· I don't know. ·5· · · ·Q.· ·Okay.· I agree with you.· Perfect. ·6· · · · · · And you remember you said it was 22 inches ·7· apart between the shopping cart and the wood platform? ·8· · · ·A.· ·Yes. ·9· · · ·Q.· ·Do you remember that? 10· · · ·A.· ·Yes. 11· · · ·Q.· ·Yeah.· And so based on that information that 12· you estimated, where do you think her foot -- left foot 13· is located at? 14· · · · · · MR. HOY:· Objection.· Calls for speculation. 15· Calls for an expert opinion. 16· BY MR. NAKASE: 17· · · ·Q.· ·Based on the circumstances. 18· · · · · · MR. HOY:· Objection.· Calls for speculation. 19· Calls for an expert opinion.· The video speaks for 20· itself. 21· BY MR. NAKASE: 22· · · ·Q.· ·You may answer, sir. 23· · · ·A.· ·Yeah, I say we don't see her foot.· I don't 24· know where is her foot at.· Depends on, you know, how 25· swing-wise -- ·1· · · ·Q.· ·And you absolutely cannot make a determination ·2· whether there's a -- your wood platform is located in ·3· her left foot at all; is that correct? ·4· · · · · · MR. HOY:· Objection.· Counsel's requesting a ·5· guess in the form of a determination.· It calls for an ·6· expert opinion. ·7· BY MR. NAKASE: ·8· · · ·Q.· ·Based on the circumstances.· Do you understand ·9· my question, sir? 10· · · · · · MR. HOY:· Same objection. 11· · · · · · THE WITNESS:· Yes, I understand, and I 12· answered two times. 13· BY MR. NAKASE: 14· · · ·Q.· ·Sir, you have absolutely no way to determine 15· whether her foot -- left foot is in relation to the wood 16· platform based on the circumstances, correct? 17· · · · · · MR. HOY:· Same objections. 18· BY MR. NAKASE: 19· · · ·Q.· ·Right? 20· · · ·A.· ·I don't see her foot -- her leg is, I cannot 21· see where. 22· · · ·Q.· ·Okay. 23· · · · · · I'm going to start the video at 9 minutes and 24· 12 seconds in and I'm going to stop, and you tell me 25· what happens next.· Okay? ·1· · · ·A.· ·Yes. ·2· · · · · · (Video playing.) ·3· BY MR. NAKASE: ·4· · · ·Q.· ·What did you just see?· Now we're at 9 minutes ·5· and 12 seconds in.· It looks like, you know, it's a ·6· split second.· What did you see next? ·7· · · ·A.· ·The lady is on the movement of coming down. ·8· · · ·Q.· ·Okay. ·9· · · · · · You're referring to Cuc Le in the -- in the 10· video? 11· · · ·A.· ·Okay. 12· · · · · · If you call her Cuc Le, yes. 13· · · ·Q.· ·And you understand her to be Cuc Le, correct? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·Okay. 16· · · · · · And why do you understand this lady that's 17· beginning to fall to be Cuc Le? 18· · · ·A.· ·Oh, based on where we are today. 19· · · ·Q.· ·And based on the video on your cell phone that 20· you received from Katie? 21· · · ·A.· ·Yes. 22· · · ·Q.· ·Okay. 23· · · · · · And so what do you see at 9 minutes and 24· 12 seconds in that we just played? 25· · · ·A.· ·I saw the lady, you call Cuc Le, is about in ·1· the middle of, you know, falling her body down. ·2· · · ·Q.· ·Okay. ·3· · · · · · And where are her hands in relation to her ·4· body? ·5· · · ·A.· ·She would put two hands to try to, you know, ·6· prepare for the fall.· So she know that she's going to ·7· fall.· She try to get ready. ·8· · · ·Q.· ·Okay. ·9· · · · · · And look at her left foot.· What do you see 10· with her left foot?· Describe her left foot -- or her 11· left leg. 12· · · · · · MR. HOY:· Objection.· Calls for speculation 13· and expert opinion and it assumes facts not in evidence. 14· BY MR. NAKASE: 15· · · ·Q.· ·Go ahead. 16· · · ·A.· ·Okay. 17· · · · · · Repeat your question, again, sorry. 18· · · ·Q.· ·Please describe what you see in Exhibit 41, 19· part 1, 9 minutes and 12 seconds in, Cuc Le's right leg. 20· · · ·A.· ·Yeah.· Her right leg is still on the floor. 21· Her left leg is just, like, moving in the middle of, you 22· know, the air. 23· · · ·Q.· ·Okay. 24· · · · · · And you can't see her foot on her left leg, 25· correct? ·1· · · ·A.· ·Yeah.· We still cannot see the whole thing. ·2· · · ·Q.· ·Okay. ·3· · · · · · And where do you think her left foot is ·4· located at -- ·5· · · · · · MR. HOY:· Objection.· Calls for speculation -- ·6· BY MR. NAKASE: ·7· · · ·Q.· ·-- in relation to -- ·8· · · · · · MR. HOY:· -- and an expert opinion. ·9· BY MR. NAKASE: 10· · · ·Q.· ·Where do you think Cuc Le's left foot is in 11· relation to your wood box or wood pedestal? 12· · · · · · MR. HOY:· Calls for speculation. 13· · · · · · THE WITNESS:· I don't know.· I just saw her 14· left foot is in the air. 15· BY MR. NAKASE: 16· · · ·Q.· ·Okay. 17· · · · · · How far do you think her left foot is in 18· relation to the wood pedestal -- 19· · · · · · MR. HOY:· Objection -- 20· BY MR. NAKASE: 21· · · ·Q.· ·-- based on your estimate? 22· · · · · · MR. HOY:· Objection.· Calls for speculation. 23· · · · · · THE WITNESS:· I don't see it.· I don't want to 24· give estimate. 25 ·1· BY MR. NAKASE: ·2· · · ·Q.· ·You don't want to estimate? ·3· · · ·A.· ·No. ·4· · · ·Q.· ·Why don't you want to estimate? ·5· · · ·A.· ·Because my estimate maybe not correct. ·6· · · ·Q.· ·Okay. ·7· · · ·A.· ·And you don't count on estimate. ·8· · · ·Q.· ·We're not going to hold you to it. ·9· · · · · · MR. HOY:· But we don't want you to guess. 10· BY MR. NAKASE: 11· · · ·Q.· ·Okay. 12· · · · · · And that's because you don't want to -- you 13· don't want to state where Cuc Le's left foot is in 14· relation to the wood box; is that correct? 15· · · · · · MR. HOY:· I believe that misstates his 16· testimony. 17· BY MR. NAKASE: 18· · · ·Q.· ·Go ahead. 19· · · ·A.· ·Because I don't know, I don't see, I don't 20· want to say it. 21· · · ·Q.· ·Okay. 22· · · · · · And why don't you want to say it? 23· · · ·A.· ·Because my estimate maybe not right.· So I 24· better -- you know, have a better vision of it then I 25· can give -- ·1· · · ·Q.· ·And you have -- ·2· · · ·A.· ·-- some number. ·3· · · ·Q.· ·And you have absolutely no way of estimating ·4· where Cuc Le's left foot is in relation to the wood box, ·5· correct? ·6· · · ·A.· ·No. ·7· · · ·Q.· ·Is that correct? ·8· · · ·A.· ·I don't see it.· So that's all my question. ·9· · · ·Q.· ·I'm asking you a question.· You have 10· absolutely no way of estimating where Cuc Le's left foot 11· is in relation to the wood box, correct? 12· · · ·A.· ·Yeah.· I can tell you, Ms. Cuc Le's legs 13· possibility is behind the column to the front corner of 14· that display case there, display -- refrigeration case. 15· · · ·Q.· ·All right. 16· · · · · · Say that again, differently. 17· · · ·A.· ·Okay. 18· · · · · · I want slowly.· Cuc Le's leg is somewhere at 19· the white column to the corner of the refrigeration case 20· that we see in the picture.· That's what we see now. 21· · · ·Q.· ·Okay. 22· · · · · · So you're saying that Cuc Le's left foot is 23· somewhere in between where the white pole is and the 24· refrigerated fruit stand holding the pineapples, 25· correct? ·1· · · ·A.· ·Yes. ·2· · · ·Q.· ·I'm going to play the video now.· Okay? ·3· · · ·A.· ·Yes. ·4· · · · · · (Video playing.) ·5· BY MR. NAKASE: ·6· · · ·Q.· ·Okay. ·7· · · · · · Now we're at 9 minutes and 12 seconds in, do ·8· you see that? ·9· · · ·A.· ·Can you backward a little bit, because I 10· saw -- 11· · · ·Q.· ·Sure. 12· · · ·A.· ·-- you know, when she was -- tried to put her 13· hands -- fall down on the floor, but when she fall down 14· her hands are not holding the floor at all. 15· · · ·Q.· ·Okay. 16· · · ·A.· ·Let's take a look again. 17· · · ·Q.· ·Sure. 18· · · · · · So we're still on Exhibit 41, part 1.· Do you 19· see Cuc Le entering the frame -- 20· · · ·A.· ·Yeah. 21· · · ·Q.· ·-- at 9 minutes and 10 seconds in? 22· · · ·A.· ·Yes. 23· · · ·Q.· ·Okay. 24· · · · · · Tell me when to stop. 25· · · ·A.· ·There.· See, like normally -- ·1· · · ·Q.· ·Okay. ·2· · · · · · We're at 9 minutes and 12 seconds in. ·3· · · ·A.· ·Yes, normally -- ·4· · · ·Q.· ·First I will ask what you see. ·5· · · ·A.· ·Okay. ·6· · · · · · I saw her hand, put it down, but why when she ·7· fall down she don't try to hold her body up.· She just ·8· let it go -- ·9· · · ·Q.· ·Okay. 10· · · ·A.· ·-- based on the video. 11· · · ·Q.· ·And what else do you see? 12· · · ·A.· ·Oh, right now she lay down on the floor. 13· · · ·Q.· ·Okay. 14· · · · · · And she just tripped and fell, correct? 15· · · · · · MR. HOY:· Objection.· Calls for expert 16· opinion. 17· · · · · · THE WITNESS:· I don't know what caused her 18· fall, but I saw her fall.· That's what we all see. 19· BY MR. NAKASE: 20· · · ·Q.· ·Okay. 21· · · ·A.· ·But another thing I want to see is like in 22· normal circumstance, when you fall and you can see, you 23· get ready to fall you hold your hands on the floor, but 24· when she fall down, I think she let her body just go 25· without holding up. ·1· · · ·Q.· ·Okay. ·2· · · · · · And do you expect a 78-year-old lady to be ·3· able to hold up her body when she's falling? ·4· · · ·A.· ·At least she should try. ·5· · · ·Q.· ·Okay. ·6· · · · · · And so it's Cuc Le's fault that she didn't put ·7· her hand on the floor; is that correct? ·8· · · · · · MR. HOY:· Objection.· Argumentative. ·9· · · · · · THE WITNESS:· No.· I think, you know, if she 10· hold up maybe she break her hand, then she have her 11· whole body, you know, heavy on the floor.· I just, you 12· know, see that. 13· BY MR. NAKASE: 14· · · ·Q.· ·And so it's all of Cuc Le's fault that she 15· fell and didn't hold herself up with her arm, right? 16· · · ·A.· ·No.· I never say her fault. 17· · · · · · MR. HOY:· Objection.· Argumentative. 18· · · · · · THE WITNESS:· I never say her fault. 19· BY MR. NAKASE: 20· · · ·Q.· ·So it's not her fault? 21· · · · · · MR. HOY:· Objection.· Calls for expert 22· opinion, and a legal conclusion. 23· BY MR. NAKASE: 24· · · ·Q.· ·Let me ask you a question. 25· · · ·A.· ·Yes. ·1· · · ·Q.· ·That wood box -- ·2· · · · · · MR. HOY:· Misstates testimony. ·3· · · · · · THE WITNESS:· Platform. ·4· BY MR. NAKASE: ·5· · · ·Q.· ·Okay. ·6· · · · · · The wood platform, the wood box with the two ·7· boxes of pear on it, reflected in Exhibit 25, right? ·8· · · ·A.· ·Yes. ·9· · · ·Q.· ·Do you think that's an obvious trip hazard? 10· · · ·A.· ·My opinion, no. 11· · · ·Q.· ·Okay. 12· · · · · · And why not? 13· · · ·A.· ·Because the display there with the column like 14· that -- 15· · · · · · THE STENOGRAPHER:· With the column? 16· · · · · · THE WITNESS:· With -- 17· BY MR. NAKASE: 18· · · ·Q.· ·Okay. 19· · · · · · So -- 20· · · ·A.· ·With the column -- oh, with the column and 21· then the location there, you know, with the platform and 22· the box of pears on the top -- 23· · · ·Q.· ·Okay. 24· · · · · · And after Cuc Le fell, when did you -- on 25· May 2nd, 2017 -- when did you receive information that ·1· she fell? ·2· · · ·A.· ·Oh, I don't know.· I didn't know anything ·3· about that for a long time. ·4· · · ·Q.· ·Okay. ·5· · · · · · For a long time.· How long? ·6· · · ·A.· ·I think like more than two years. ·7· · · ·Q.· ·Okay. ·8· · · · · · And it just wasn't that important to you, ·9· right? 10· · · ·A.· ·No.· Nobody report to me. 11· · · ·Q.· ·Nobody reported to you? 12· · · ·A.· ·Yeah. 13· · · ·Q.· ·Okay. 14· · · · · · You're the general manager and nobody reported 15· to you that Cuc Le tripped and fell -- 16· · · ·A.· ·Normally -- 17· · · ·Q.· ·Is that correct? 18· · · ·A.· ·Yeah, I didn't know. 19· · · ·Q.· ·Okay. 20· · · · · · And why didn't you know?· You're the general 21· manager of the store. 22· · · ·A.· ·Okay. 23· · · · · · They supposed to report to me, then I know. 24· · · ·Q.· ·Okay. 25· · · ·A.· ·Yeah. ·1· · · ·Q.· ·But nobody reported it to you? ·2· · · ·A.· ·Nobody report that -- ·3· · · ·Q.· ·So it just wasn't that important to you, ·4· right -- to the store? ·5· · · ·A.· ·You -- it's not -- ·6· · · · · · MR. HOY:· Misstates testimony. ·7· · · · · · THE WITNESS:· You cannot say it's not ·8· important to me.· I didn't say that's not important to ·9· me. 10· BY MR. NAKASE: 11· · · ·Q.· ·Come on, it's no big deal that Cuc Le fell and 12· injured herself in your store, right? 13· · · ·A.· ·No.· That's not a statement that you want 14· me -- 15· · · · · · MR. HOY:· Objection -- hold on.· Objection. 16· Argumentative.· Again with the mocking tone. 17· · · · · · MR. RIST:· Let's take a break. 18· · · · · · THE VIDEOGRAPHER:· Going off the record at 19· 3:47. 20· · · · · · (Recess taken.) 21· · · · · · THE VIDEOGRAPHER:· We're back on the record at 22· 3:54 p.m. 23· BY MR. NAKASE: 24· · · ·Q.· ·Sir? 25· · · ·A.· ·Yes. ·1· · · ·Q.· ·Is your mother still alive? ·2· · · ·A.· ·Yes. ·3· · · ·Q.· ·How old is she? ·4· · · ·A.· ·Eighty-four. ·5· · · ·Q.· ·Okay. ·6· · · · · · When your mother was 80 years old and she ·7· tripped and fell, do you think your mother would have ·8· been able to hold herself up with her two hands? ·9· · · · · · MR. HOY:· Did you say if or when? 10· · · · · · MR. NAKASE:· If. 11· · · · · · THE WITNESS:· I'm not a doctor or some expert 12· to tell about that. 13· BY MR. NAKASE: 14· · · ·Q.· ·You know your mother very well, yes? 15· · · ·A.· ·To me -- 16· · · ·Q.· ·Yeah. 17· · · ·A.· ·-- in general anybody who fall, they 18· automatically, you know, put her hands -- put their 19· hands to hold their body.· That's a nature action. 20· · · ·Q.· ·Okay. 21· · · · · · And so inviting your attention back to 22· Exhibit 50 -- do you have Exhibit 50 in front of you, 23· sir? 24· · · ·A.· ·Yes, I do. 25· · · ·Q.· ·Okay. ·1· · · · · · Do you see where it says "Conditions that Lead ·2· to slips, trips, and falls"? ·3· · · ·A.· ·What page? ·4· · · ·Q.· ·Exhibit 50, page 51. ·5· · · ·A.· ·Okay. ·6· · · ·Q.· ·Do you see where it says "Conditions that Lead ·7· to slips, trips, and falls"? ·8· · · ·A.· ·Yes. ·9· · · ·Q.· ·And that's a company policy, right? 10· · · ·A.· ·Yes. 11· · · ·Q.· ·And do you see at the bottom -- sorry, the 12· center column, the last bullet point, "Low profile 13· displays lower than waist high"? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·And that's because that's a trip hazard; is 16· that correct? 17· · · ·A.· ·Yes. 18· · · ·Q.· ·Okay. 19· · · · · · And on the next one it says "Exposed pallet 20· corners," and that's also a trip hazard, correct? 21· · · ·A.· ·Yes.· Everything in here is. 22· · · ·Q.· ·Okay. 23· · · · · · So I'm going to ask you, looking back at 24· Exhibit 41, part 1, 9 minutes and 11 seconds in, do you 25· see that? ·1· · · ·A.· ·Yes. ·2· · · ·Q.· ·Okay. ·3· · · · · · And do you see where the refrigerated fruit ·4· stand is, where the pineapple is? ·5· · · ·A.· ·Yes. ·6· · · ·Q.· ·How tall is that fixture? ·7· · · ·A.· ·It's about, like, 32 inches high. ·8· · · ·Q.· ·Thirty-two inches high? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·Okay. 11· · · · · · That's almost 3 feet high, yes? 12· · · ·A.· ·More or less, close. 13· · · ·Q.· ·Okay. 14· · · · · · It's about waist high? 15· · · ·A.· ·Yeah, about waist high. 16· · · ·Q.· ·Okay. 17· · · · · · What about the fixture behind Cuc Le, is that 18· also a refrigerated fruit -- produce stand? 19· · · ·A.· ·Yes. 20· · · ·Q.· ·And how tall is that? 21· · · ·A.· ·Same. 22· · · ·Q.· ·Same.· About 32 inches high? 23· · · ·A.· ·Yes. 24· · · ·Q.· ·Waist high? 25· · · ·A.· ·Yes. ·1· · · ·Q.· ·Okay. ·2· · · · · · And do you see where the white pole is? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·On the right side? ·5· · · ·A.· ·Yes. ·6· · · ·Q.· ·And Cuc Le is looking at it -- looking at ·7· about that direction, yes? ·8· · · ·A.· ·Yes. ·9· · · ·Q.· ·And in that photograph, how tall do you 10· estimate the -- the wood box that has the two fruit 11· boxes on top, how tall is that? 12· · · ·A.· ·It's about the same height with the case. 13· · · ·Q.· ·The case? 14· · · ·A.· ·Yeah, and you would say like 30 inches. 15· · · ·Q.· ·Thirty inches? 16· · · ·A.· ·Yeah, 30 inches by itself, and then you put 17· something like -- in the picture like metal, that would 18· be higher too. 19· · · ·Q.· ·No.· We're talking about the wood platform you 20· were describing earlier in Exhibit 25.· Do you remember 21· the wood platform? 22· · · ·A.· ·Yeah, that -- 23· · · ·Q.· ·And that wood platform is -- you said it 24· was -- 25· · · ·A.· ·Six inches, and then two boxes of pears, so ·1· based on the picture, you -- you know, you have ·2· 16 inches on there. ·3· · · ·Q.· ·Okay. ·4· · · · · · So the wood platform with two wood boxes on ·5· top of it is estimated at 6 inches -- 16 inches tall? ·6· · · ·A.· ·Fourteen inches. ·7· · · ·Q.· ·Okay. ·8· · · · · · And so looking at Exhibit 41, part 1, ·9· 9 minutes and 11 seconds in -- 9 minutes and 11 seconds 10· in, do you see the wood platform with the two boxes of 11· pears on top? 12· · · ·A.· ·Yes.· Everything would cover, so you don't see 13· it from this view. 14· · · ·Q.· ·That's right.· And why can't you see it? 15· · · ·A.· ·Because the number cover and then you got all 16· the -- 17· · · · · · THE STENOGRAPHER:· I'm sorry, I cannot hear 18· you. 19· · · · · · THE WITNESS:· Oh, I say -- because if we look 20· at the picture no imagination, okay.· No compare in the 21· picture at all.· Based on what I look here, I don't see 22· the platform because the -- on top of 32 inches would 23· cover it, and then you got 201 number, you know, and 24· then you got the pole, and that's why you don't see 25· anything.· Nothing you see underneath of there. ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Good.· That's because it's only 14 inches ·3· tall, correct, the wood platform with two boxes of ·4· pears? ·5· · · · · · MR. HOY:· Misstates testimony. ·6· · · · · · THE WITNESS:· No.· Because the condition of ·7· the picture right now. ·8· BY MR. NAKASE: ·9· · · ·Q.· ·Okay. 10· · · · · · You can't see the wood platform with two boxes 11· of pears where Cuc Le is walking, right? 12· · · · · · MR. HOY:· Are you saying from this video 13· angle? 14· · · · · · THE WITNESS:· Yeah.· You see, from this is the 15· angle from about 15 feet high coming down to this 16· corner.· So at this point, you know, you can't see it. 17· BY MR. NAKASE: 18· · · ·Q.· ·That's right.· You can't see the wood platform 19· and the two boxes of pears on top, right? 20· · · · · · MR. HOY:· You know what he's trying to do. 21· You correct him on it.· He is describing a still frame 22· video angle, and you are twisting it to make it seem 23· like he has seen it from Cuc Le's exact location. 24· · · · · · MR. RIST:· Are you testifying?· Can we swear 25· him in? ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Do you adopt everything your lawyer just said? ·3· · · · · · MR. HOY:· I am completely against this kind of ·4· manipulative questioning.· It's misleading. ·5· BY MR. NAKASE: ·6· · · ·Q.· ·Can you see Cuc Le's waist from this video, ·7· Exhibit 41, part 1, 9 minutes and 11 seconds in?· Do you ·8· think that's her waist right there where the number 2 ·9· is -- in the center of number 2? 10· · · ·A.· ·Okay. 11· · · · · · MR. HOY:· Calls for speculation. 12· BY MR. NAKASE: 13· · · ·Q.· ·I'm asking you for an estimate. 14· · · ·A.· ·An estimate that's the waist. 15· · · ·Q.· ·Right.· And she's five-foot tall, right? 16· · · ·A.· ·Based on her ID, yes. 17· · · ·Q.· ·Yeah.· And so if she's five-foot tall and her 18· waist is two-and-a-half feet high, right? 19· · · ·A.· ·I want to make it clear, the angle that we see 20· is 15 feet from the ceiling looking down. 21· · · ·Q.· ·Okay. 22· · · ·A.· ·So if you want to, you know, have a 23· comparison, maybe we should have -- you know, we should 24· have just what we see than just guessing.· If you say 25· look at that thing, and we say, look at that thing. ·1· · · ·Q.· ·Okay. ·2· · · · · · THE STENOGRAPHER:· Sir, can you please -- ·3· · · · · · THE WITNESS:· Oh. ·4· BY MR. NAKASE: ·5· · · ·Q.· ·Let me ask you four more questions on this ·6· thing and then we're going to move on.· Okay? ·7· · · ·A.· ·Okay. ·8· · · ·Q.· ·Inviting your attention to Exhibit 25, page 7. ·9· · · ·A.· ·Yes, I'm here. 10· · · ·Q.· ·Do you see where the red circle is? 11· · · ·A.· ·Yes. 12· · · ·Q.· ·And that's where the wood box and two boxes of 13· pears are on top, right? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·And is there -- was there any chance that Cuc 16· Le's left foot could have tripped at that corner where 17· the boxes are? 18· · · · · · MR. HOY:· Calls for speculation and an expert 19· opinion. 20· BY MR. NAKASE: 21· · · ·Q.· ·Based on the circumstances. 22· · · ·A.· ·I don't want to make a guess. 23· · · ·Q.· ·I'm not asking you to guess.· I'm just asking 24· you based on the circumstances. 25· · · · · · MR. HOY:· Same objections. ·1· BY MR. NAKASE: ·2· · · ·Q.· ·You can say yes or no or anything in between. ·3· · · ·A.· ·I say no. ·4· · · ·Q.· ·Okay. ·5· · · · · · So there is no possibility that Cuc Le's left ·6· foot could have tripped over the corner of the wood ·7· boxes and two boxes of pears, correct? ·8· · · · · · MR. HOY:· Misstates testimony.· Calls for ·9· speculation and an expert opinion. 10· · · · · · THE WITNESS:· I don't want to speculate. 11· BY MR. NAKASE: 12· · · ·Q.· ·I'm just asking you based on the 13· circumstances. 14· · · ·A.· ·I say no. 15· · · ·Q.· ·Thank you. 16· · · · · · MR. NAKASE:· "Mark transcript." 17· BY MR. NAKASE: 18· · · ·Q.· ·Sir, have you ever preserved a video -- a 19· surveillance video onto a hard drive before? 20· · · ·A.· ·Not myself. 21· · · ·Q.· ·Have you ever done it? 22· · · ·A.· ·No. 23· · · ·Q.· ·When was the first time you learned about Cuc 24· Le's fall? 25· · · ·A.· ·Some time in November -- November -- ·1· · · ·Q.· ·November what? ·2· · · ·A.· ·November -- just say -- guessing, like ·3· November 10th, 2019. ·4· · · ·Q.· ·Okay. ·5· · · · · · Now looking back at Exhibit 51 -- sorry, ·6· Exhibit 50, page 51. ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·"Conditions that Lead to slips, trips, and ·9· falls," do you see that? 10· · · ·A.· ·Yes. 11· · · ·Q.· ·Okay. 12· · · · · · Center column, last bullet point, "Low profile 13· displays," do you see that? 14· · · ·A.· ·Yes. 15· · · ·Q.· ·"Low profile displays that is lower than waist 16· high is essentially a needless trip hazard to your 17· customer," correct? 18· · · ·A.· ·Yes, but low profile display is a general 19· language for anything stand by itself. 20· · · ·Q.· ·Okay. 21· · · · · · And I'm just asking you, a low profile 22· display, lower than waist high, creates a needless trip 23· hazard to your customer, correct? 24· · · ·A.· ·Yes. 25· · · ·Q.· ·And on the next one, "Exposed pallet corners ·1· essentially create a needless trip hazard to your ·2· customer," correct? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·Okay. ·5· · · · · · And looking at Exhibit 25, page 2. ·6· · · ·A.· ·Yes. ·7· · · ·Q.· ·Do you see the boxes with the two boxes of ·8· pears on top? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·Your company made a conscious decision to put 11· those boxes there, correct? 12· · · ·A.· ·Yes, but if you compare this to the language 13· of the low profile and palletize, this display doesn't 14· fall into those two. 15· · · ·Q.· ·Why not? 16· · · ·A.· ·This one is not -- it's lower than waist, but 17· it's not low profile.· That means it stand by itself. 18· This one sit next to a display box that's a lot higher 19· than waist, so they are in one piece. 20· · · ·Q.· ·Okay. 21· · · · · · And if that wood box with the two boxes of 22· pears are separated to the produce stand that's waist 23· high by 5 inches, would the wood boxes -- the wood box 24· and boxes of pears be a -- be a needless trip hazard? 25· · · ·A.· ·If it's far enough.· I don't know if ·1· 5 inches -- you know, I can't imagine -- ·2· · · ·Q.· ·Go ahead.· Continue. ·3· · · ·A.· ·That's it. ·4· · · ·Q.· ·That's it? ·5· · · ·A.· ·Uh-huh. ·6· · · ·Q.· ·All right. ·7· · · · · · Now let me ask you this, okay?· Now your ·8· company SF San Diego, Inc., is not allowed to create ·9· needless danger to the customer, right? 10· · · ·A.· ·Can you repeat again?· By like -- by law you 11· cannot do that or -- 12· · · ·Q.· ·I'm not asking through the law, because you're 13· not an attorney.· I'm just asking you based on your 14· qualifications and your duties as a general manager at 15· the supermarket, would you create a needless trip hazard 16· to your customer? 17· · · ·A.· ·No. 18· · · ·Q.· ·And your company is not allowed to create a 19· needless trip hazard to the customer, right? 20· · · · · · MR. HOY:· I'm going to object as vague as to 21· "allowed." 22· · · · · · THE WITNESS:· In basic standard we're not 23· doing that. 24· BY MR. NAKASE: 25· · · ·Q.· ·Okay. ·1· · · · · · So you agree? ·2· · · ·A.· ·Yes. ·3· · · ·Q.· ·Okay. ·4· · · · · · Why not -- why wouldn't you be allowed to ·5· create a needless trip hazard to your customer? ·6· · · ·A.· ·Because you want to have the business that ·7· creates a good environment for the customer to shop. ·8· · · ·Q.· ·Okay. ·9· · · · · · And when there's a needless trip hazard in 10· your store and someone trips over it, your company's 11· liable, right? 12· · · · · · MR. HOY:· Objection.· Calls for a legal 13· conclusion and speculation.· Lacks foundation. 14· Incomplete hypothetical. 15· · · · · · THE WITNESS:· Do I answer him? 16· · · · · · MR. HOY:· Do you have an answer? 17· · · · · · THE WITNESS:· He say -- Mr. Brad would say 18· "liable," that means -- 19· BY MR. NAKASE: 20· · · ·Q.· ·Okay. 21· · · · · · I'll switch the word.· You don't like that 22· word "liable," right? 23· · · ·A.· ·Yeah. 24· · · ·Q.· ·Okay. 25· · · · · · And you don't like that word liable because ·1· you feel like I'm trying to pin you into admitting ·2· something, right? ·3· · · · · · MR. HOY:· That's what I feel. ·4· · · · · · THE WITNESS:· Yes. ·5· BY MR. NAKASE: ·6· · · ·Q.· ·Okay.· That's fine. ·7· · · · · · When your company creates a needless trip ·8· hazard to your customer and a customer falls, the ·9· company is culpable, correct? 10· · · · · · MR. HOY:· Same difference.· Calls for a 11· legal -- hold on -- calls for a legal conclusion.· Calls 12· for speculation.· Incomplete hypothetical, and lacks 13· foundation. 14· BY MR. NAKASE: 15· · · ·Q.· ·You may answer. 16· · · ·A.· ·Well, you say -- when I heard you say 17· "create," I don't know what action is called create. 18· · · ·Q.· ·Okay. 19· · · · · · And as the store manager, do you agree that 20· there's no such thing as an ordinary care that 21· needlessly endangers your customer? 22· · · · · · MR. HOY:· Objection.· Calls for a legal 23· conclusion.· Calls for speculation.· Incomplete 24· hypothetical.· Lacks foundation. 25 ·1· BY MR. NAKASE: ·2· · · ·Q.· ·You may answer. ·3· · · ·A.· ·I think -- repeat the question one more time ·4· so I can fully understand about what is your point.· I'm ·5· sorry.· Go ahead. ·6· · · ·Q.· ·You ready? ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·I'm going to say it slow.· You ready? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·There's no such thing as an ordinary care that 11· needlessly endangers your store customer, do you agree? 12· · · · · · MR. HOY:· Objection -- same objections. 13· · · · · · Do you understand the question? 14· · · · · · THE WITNESS:· No. 15· · · · · · MR. HOY:· Then don't answer. 16· BY MR. NAKASE: 17· · · ·Q.· ·Why don't you understand the question? 18· · · ·A.· ·Oh, because I don't understand. 19· · · ·Q.· ·Do you know what ordinary care means? 20· · · ·A.· ·Explain a little. 21· · · · · · MR. HOY:· Objection.· That's an ambiguous term 22· that has different meanings to different people.· It has 23· a different meaning in law than with an ordinary person. 24· So I object even asking that question.· Calls for a 25· legal conclusion.· It's improper. ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Do you adopt and subscribe everything your ·3· lawyer just said? ·4· · · · · · MR. HOY:· You may not even understand what I ·5· said, but it's okay. ·6· · · · · · THE WITNESS:· I don't understand. ·7· · · · · · MR. HOY:· Keep relying on me.· That's all you ·8· have to do. ·9· · · · · · THE WITNESS:· Yeah. 10· BY MR. NAKASE: 11· · · ·Q.· ·You wouldn't create a needless danger to your 12· customer, right? 13· · · ·A.· ·No. 14· · · ·Q.· ·No, you wouldn't, or no, that's not correct? 15· · · ·A.· ·We would not create any dangerous condition to 16· our customer. 17· · · ·Q.· ·Okay. 18· · · · · · And as a store general manager you're not 19· allowed to make a choice that needlessly endangers your 20· customer, right? 21· · · · · · MR. HOY:· Time out.· Sorry. (Coughing.) 22· · · · · · THE WITNESS:· To me you use the word "choice," 23· so I don't know what is choice.· My job is to keep the 24· customer safe when they are shopping at the store. 25 ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Right.· And you're not allowed to make a ·3· choice that needlessly endangers your customer? ·4· · · ·A.· ·Yes. ·5· · · ·Q.· ·And as a grocery store general manager you're ·6· not allowed to needlessly endanger your customer, ·7· agreed? ·8· · · · · · MR. HOY:· Asked and answer. ·9· · · · · · THE WITNESS:· Yes. 10· BY MR. NAKASE: 11· · · ·Q.· ·Okay. 12· · · · · · Why not? 13· · · · · · MR. HOY:· Asked and answered. 14· · · · · · THE WITNESS:· We want to have everybody, you 15· know, well-being -- you don't want to have people get 16· injury to your store and, you know, it's not good for 17· your business. 18· BY MR. NAKASE: 19· · · ·Q.· ·And do you think it's important to train your 20· employees to identify trip hazards to avoid needless 21· danger to your customer? 22· · · ·A.· ·Yes. 23· · · ·Q.· ·And do you think that it would be a smart 24· thing to do to have your employees for the store be 25· professionally trained to identify trip hazards to ·1· prevent needless dangers to your customers? ·2· · · · · · MR. HOY:· Objection.· Asked and answered. ·3· · · · · · THE WITNESS:· We train our employees for all ·4· the safety based on the store policy. ·5· BY MR. NAKASE: ·6· · · ·Q.· ·Yes. ·7· · · ·A.· ·So -- ·8· · · ·Q.· ·I'm just asking -- ·9· · · ·A.· ·-- that's what we do. 10· · · ·Q.· ·I'm just asking you:· Do you think it's a good 11· idea to get professional training for your store 12· employees to identify a trip hazard to prevent needless 13· danger to your customer? 14· · · · · · MR. HOY:· Asked and answered. 15· · · · · · THE WITNESS:· I don't know when you say 16· "professional," what is professional?· You know, how to 17· be a certified professional? 18· BY MR. NAKASE: 19· · · ·Q.· ·Do you think it's important for you to find 20· that out? 21· · · ·A.· ·I have people come from our insurance 22· industry, they -- to me, they are professional. 23· · · ·Q.· ·Do you think it's important for a grocery 24· store manager to get training to identify trip hazards? 25· · · ·A.· ·I would agree. ·1· · · ·Q.· ·Okay. ·2· · · · · · And because you agree, do you think a grocery ·3· store manager must get training to identify trip ·4· hazards, otherwise the store needlessly endangers its ·5· customers? ·6· · · · · · MR. HOY:· Objection.· Vague.· Overbroad.· It's ·7· unintelligible. ·8· · · · · · THE WITNESS:· I have material and people come ·9· from the professional field, come to the store to 10· provide us what we have today, and I think that -- you 11· know, that's -- 12· BY MR. NAKASE: 13· · · ·Q.· ·You're asking a -- you're answering a 14· different question.· I'm just asking you a very specific 15· question. 16· · · ·A.· ·Uh-huh. 17· · · ·Q.· ·I'm asking -- 18· · · · · · MR. HOY:· And I will object that he 19· answered -- he answered your question.· You just want to 20· ask it again. 21· BY MR. NAKASE: 22· · · ·Q.· ·I'm asking you a very simple question.· Okay? 23· You either agree or you don't agree, and we move on. 24· I'm going to ask you questions, you agree, we move on. 25· You don't agree, we move on. ·1· · · ·A.· ·Okay. ·2· · · ·Q.· ·It's very simple.· Okay?· I'm not here to ·3· trick you into anything.· You ready?· Do you agree that ·4· a grocery store manager must get training to identify a ·5· trip hazard, otherwise the store needlessly endangers ·6· its customers? ·7· · · ·A.· ·We do have training.· If you use ·8· professionally -- I need to be -- give me a page or some ·9· type of certification, that's the professional.· We work 10· every day, we know what we do to keep the customers 11· safe.· To compare a normal people with a professional, I 12· need you to give me something to agree with you on the 13· word "professional." 14· · · ·Q.· ·I didn't say "professional." 15· · · ·A.· ·You did. 16· · · ·Q.· ·I just said training. 17· · · ·A.· ·No.· Training with professional training. 18· · · ·Q.· ·I'm just -- listen to my question.· Are you 19· ready? 20· · · ·A.· ·Yes. 21· · · ·Q.· ·Just let me know if you agree or disagree. 22· · · ·A.· ·Okay. 23· · · ·Q.· ·A grocery store manager must get training to 24· identify trip hazards, otherwise a store needlessly 25· engagers their customers? ·1· · · ·A.· ·Yes, I agree. ·2· · · ·Q.· ·Okay. ·3· · · · · · Tell us why. ·4· · · ·A.· ·Because nobody injury is the best for ·5· everyone. ·6· · · ·Q.· ·Okay. ·7· · · · · · And do you agree a grocery store employee ·8· responsible for identifying trip hazards must obtain ·9· training, otherwise they needlessly endanger the 10· customers? 11· · · · · · MR. HOY:· I'm going to object.· Compound. 12· Vague and ambiguous.· Incomplete hypothetical. 13· · · · · · THE WITNESS:· We do train our employee to do 14· their job every day. 15· BY MR. NAKASE: 16· · · ·Q.· ·I'm not asking about their job.· I'm just 17· talking about trip hazards.· Okay? 18· · · ·A.· ·Their job is not create job hazards. 19· · · ·Q.· ·Okay. 20· · · ·A.· ·Their job is not create job hazards. 21· · · ·Q.· ·Okay. 22· · · · · · So you agree with me? 23· · · ·A.· ·Yes. 24· · · ·Q.· ·Okay. 25· · · · · · So I'm just going to ask a simple question. ·1· As long as you -- if you disagree, I move on.· If you ·2· agree, I move on. ·3· · · ·A.· ·Okay. ·4· · · ·Q.· ·Okay?· We're going to be here all day. I ·5· don't want to ask it in ten different ways.· I don't ·6· want to do that. ·7· · · ·A.· ·I agree. ·8· · · ·Q.· ·I'm not going to go fast.· I'm going to go ·9· slow. 10· · · ·A.· ·Okay. 11· · · · · · MR. HOY:· I object that you called that a 12· simple question.· I see it as a run on compound 13· question.· I'll save my objection for after you say it, 14· though. 15· BY MR. NAKASE: 16· · · ·Q.· ·Do you agree a grocery store employee 17· responsible for identifying trip hazards must obtain 18· training, otherwise they are needlessly endangering 19· their customers? 20· · · · · · MR. HOY:· I'll object.· Compound.· Incomplete 21· hypothetical.· Calls for speculation. 22· · · · · · THE WITNESS:· Yes. 23· BY MR. NAKASE: 24· · · ·Q.· ·Tell us why. 25· · · ·A.· ·I think you asked me five times and I say ·1· because the safety of the customer is the best thing for ·2· everyone. ·3· · · ·Q.· ·Okay. ·4· · · · · · And do you agree a grocery store must provide ·5· warning of trip hazards when they exist, otherwise the ·6· store needlessly endangers its customers? ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·Tell us why. ·9· · · ·A.· ·Same answer.· We don't want anybody get injury 10· in the store. 11· · · ·Q.· ·And do you agree if the danger of a trip 12· hazard cannot be removed, a grocery store must warn its 13· customers? 14· · · · · · MR. HOY:· Objection.· Calls for a legal 15· conclusion.· Incomplete hypothetical. 16· · · · · · THE WITNESS:· Oh, you're finished with the 17· question? 18· · · · · · I would agree, yes. 19· BY MR. NAKASE: 20· · · ·Q.· ·Why? 21· · · ·A.· ·We don't want anybody get injury in our store. 22· · · ·Q.· ·Do you agree a grocery store may not 23· needlessly endanger its customers by placing merchandise 24· on the floor? 25· · · · · · MR. HOY:· Objection.· Vague as to "floor." ·1· That's the same objection. ·2· · · · · · THE WITNESS:· Can you repeat the question? ·3· BY MR. NAKASE: ·4· · · ·Q.· ·Do you agree a grocery store may not ·5· needlessly endanger its customers by placing merchandise ·6· on the floor? ·7· · · · · · MR. HOY:· Same objection. ·8· · · · · · THE WITNESS:· I would not agree when you say ·9· display on the floor.· When a display on the right 10· location or not right on the location, so it's very 11· vague in that question. 12· BY MR. NAKASE: 13· · · ·Q.· ·When is it appropriate for you to place 14· merchandise on the floor creating a needless trip hazard 15· to your customer? 16· · · ·A.· ·We display the product where it's supposed to 17· be displayed. 18· · · ·Q.· ·And where is that? 19· · · ·A.· ·On the shelf.· On the display. 20· · · ·Q.· ·And on the floor? 21· · · ·A.· ·The floor is a display area.· It's how you 22· display it also. 23· · · ·Q.· ·And placing merchandise on the floor in your 24· store can create a needless trip hazard to your 25· customer, agreed? ·1· · · · · · MR. HOY:· Incomplete hypothetical. ·2· · · · · · THE WITNESS:· So you have to be a little more ·3· specifically on the question.· Display on the floor, ·4· that means -- what is called "display on the floor"? ·5· You just throw some box on the floor and call it display ·6· on the floor? ·7· BY MR. NAKASE: ·8· · · ·Q.· ·No.· We're just talking about selling ·9· merchandise.· We're not just throwing it anywhere. 10· · · · · · MR. HOY:· He's asking for clarification. 11· That's obvious. 12· BY MR. NAKASE: 13· · · ·Q.· ·Okay. 14· · · ·A.· ·That's right. 15· · · ·Q.· ·I'm just asking you -- I'm going to move on, 16· so we can leave. 17· · · ·A.· ·Okay. 18· · · · · · MR. HOY:· Hold on. 19· BY MR. NAKASE: 20· · · ·Q.· ·Are you ready? 21· · · · · · MR. HOY:· Don't rush just so you can leave. 22· · · · · · THE WITNESS:· No, I'm not. 23· · · · · · MR. HOY:· Listen to every question and give 24· him your best answer. 25 ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Are you ready? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·Do you agree a grocery store may not ·5· needlessly endanger its customers by placing merchandise ·6· on the floor and creating a trip hazard? ·7· · · · · · MR. HOY:· Vague and ambiguous and incomplete ·8· hypothetical. ·9· · · · · · THE WITNESS:· That's a lot of questions in one 10· question.· If you can make it in smaller pieces. 11· BY MR. NAKASE: 12· · · ·Q.· ·Do you understand the question? 13· · · ·A.· ·Yeah.· I say your question have too many 14· questions in one question. 15· · · ·Q.· ·Do you understand the question? 16· · · · · · MR. HOY:· Badgering the witness. 17· · · · · · THE WITNESS:· No. 18· BY MR. NAKASE: 19· · · ·Q.· ·You don't? 20· · · ·A.· ·No. 21· · · ·Q.· ·Okay. 22· · · ·A.· ·If you make it short, then I can answer easy. 23· · · ·Q.· ·You ready for the next one? 24· · · ·A.· ·Yes. 25· · · ·Q.· ·To prevent needless danger a grocery store ·1· must not allow any merchandise placement on the floor. ·2· Do you agree? ·3· · · · · · MR. HOY:· Same objections.· It's an incomplete ·4· hypothetical.· Lacks foundation.· Calls for speculation. ·5· · · · · · THE WITNESS:· Yes. ·6· BY MR. NAKASE: ·7· · · ·Q.· ·Why? ·8· · · ·A.· ·We don't want to get -- we don't want any, you ·9· know, customer get injury. 10· · · ·Q.· ·Next question.· Are you ready? 11· · · ·A.· ·Yes. 12· · · ·Q.· ·When there's a needless danger of a trip 13· hazard in your store, your store must remove the trip 14· hazard, agreed? 15· · · ·A.· ·Agreed. 16· · · ·Q.· ·And until the trip hazard is removed, the 17· store must warn the customer in time to avoid the trip 18· hazard, agreed? 19· · · · · · MR. HOY:· Objection.· Calls for a legal 20· conclusion. 21· · · · · · THE WITNESS:· To me, if you think it's a trip 22· hazard, you better remove it than warn people. 23· BY MR. NAKASE: 24· · · ·Q.· ·Okay. 25· · · ·A.· ·If it's not there it's much better than, you ·1· know, put there and warn people. ·2· · · ·Q.· ·And if you haven't removed it -- the trip ·3· hazard, you must warn your customer of the trip hazard, ·4· correct? ·5· · · · · · MR. HOY:· Objection.· Calls for a legal ·6· conclusion.· Incomplete hypothetical. ·7· · · · · · THE WITNESS:· The trip hazard should not ·8· start -- should not be there to warn people.· You need ·9· to do the right thing in the beginning and then you 10· don't have to warn anybody. 11· BY MR. NAKASE: 12· · · ·Q.· ·And do you agree that nothing is safe enough 13· if it allows a danger when a safer available choice can 14· be achieved with identical benefits? 15· · · · · · MR. HOY:· Objection.· Overbroad.· Compound. 16· Unintelligible. 17· · · · · · THE WITNESS:· Yeah.· The question you have is 18· giving people two choices.· And in the beginning I say I 19· don't want two choices.· I just want to not create a 20· hazardous condition than just compare this one and the 21· other one, which one is more dangerous. 22· BY MR. NAKASE: 23· · · ·Q.· ·Okay. 24· · · · · · But if you have a choice, you will always -- 25· always must choose the safer choice, agreed? ·1· · · · · · MR. HOY:· Objection.· Overbroad.· Incomplete ·2· hypothetical, and calls for a legal conclusion. ·3· · · · · · THE WITNESS:· I prefer no -- ·4· · · · · · THE STENOGRAPHER:· I'm sorry? ·5· · · · · · THE WITNESS:· I prefer no choice. ·6· BY MR. NAKASE: ·7· · · ·Q.· ·Okay. ·8· · · · · · You ready for the next question? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·No matter what other grocery stores do, you -- 11· your store must be careful enough not to cause 12· foreseeable danger to your customer, do you agree? 13· · · · · · MR. HOY:· Objection.· Calls for a legal 14· conclusion.· Incomplete hypothetical.· Calls for 15· speculation.· Lacks foundation. 16· · · · · · THE WITNESS:· Yeah.· I think your question 17· have like -- is just based on something guessing, more 18· than the fact.· So if we just make it simple, we don't 19· create any hazard condition for the customer. 20· BY MR. NAKASE: 21· · · ·Q.· ·Okay. 22· · · ·A.· ·And that's the best, you know, thing we need 23· to do at the store, and then you don't have to have ten 24· questions, you know, on a different back and forth. 25· · · ·Q.· ·Inviting your attention to Exhibit 25, please. ·1· ·Let us know when you're there. ·2· · · ·A.· ·Yes, I'm here. ·3· · · ·Q.· ·Page 7.· Do you see the circle around the ·4· boxes of pears and the wood box? ·5· · · ·A.· ·Yes. ·6· · · ·Q.· ·Did you have a choice to put those boxes of ·7· pears on a table? ·8· · · · · · MR. HOY:· Objection.· Vague as to "you." ·9· Overbroad.· Incomplete hypothetical.· Vague as to time. 10· BY MR. NAKASE: 11· · · ·Q.· ·You know what, your attorney's right.· I'm 12· going to clarify the question for you.· Okay? 13· · · · · · MR. RIST:· Thank you, Counsel. 14· BY MR. NAKASE: 15· · · ·Q.· ·Looking at Exhibit 25, page 7, there's two box 16· of pears on the floor, do you see that? 17· · · ·A.· ·Yes. 18· · · ·Q.· ·Did the store -- your store have a choice to 19· sell those boxes of pears by placing it on a table? 20· · · · · · MR. HOY:· Objection.· Calls for speculation. 21· · · · · · THE WITNESS:· When you display the product for 22· the customers to see, you want to have the best location 23· that people can see it easy.· So when we put it there, 24· we want the customer to see the merchandise that we want 25· them to buy, not the merchandise where they can trip. ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Right.· So your customer would see the boxes ·3· of pears better when those boxes of pears are on a ·4· table, correct? ·5· · · · · · MR. HOY:· Objection.· Vague as to "table." ·6· Unknown whether the legs of a table could be a tripping ·7· hazard.· I mean, you better specify a table. ·8· · · · · · THE WITNESS:· So I think we should look down ·9· to a question, yes or no, or, you know, I want to 10· explain.· You want to be a little -- you know, go 11· around.· So we can put -- the way a grocery business 12· want to display the merchandise to the customer is where 13· they can see the easiest way to see, and that's why this 14· apple was here. 15· BY MR. NAKASE: 16· · · ·Q.· ·Apples?· You mean pears? 17· · · ·A.· ·Pears, sorry. 18· · · ·Q.· ·Okay. 19· · · · · · And you're saying that it's better to sell 20· boxes of pears -- reflected in Exhibit 25, page 7 -- 21· it's better to sell those boxes of pears by placing 22· those boxes on the floor? 23· · · · · · MR. HOY:· Objection.· Misstates what the 24· photograph shows. 25· · · · · · THE WITNESS:· It's on the platform.· It's not ·1· on the floor. ·2· BY MR. NAKASE: ·3· · · ·Q.· ·That's fine.· Do you want me to reask the ·4· question with a platform? ·5· · · ·A.· ·Yeah. ·6· · · ·Q.· ·Okay. ·7· · · ·A.· ·Just say the product was on the platform. ·8· · · ·Q.· ·Okay. ·9· · · · · · Do you agree that the safest way for your 10· store to sell those boxes of pears in Exhibit 25, 11· page 7, is to place it on the platform with box -- 12· · · · · · THE STENOGRAPHER:· I'm sorry? 13· · · · · · MR. HOY:· Vague, and calls for speculation and 14· an expert opinion. 15· · · · · · THE WITNESS:· In my idea -- you know, in my, 16· you know, work, I would, you know, display where the 17· product that the customer can see easiest. 18· BY MR. NAKASE: 19· · · ·Q.· ·And the customer can see those boxes of pears 20· easiest exactly where it is as depicted in Exhibit 25, 21· page 7? 22· · · ·A.· ·Yes, it is. 23· · · ·Q.· ·Okay. 24· · · · · · And the customer would not see it easier if 25· those boxes of pears were placed on a refrigerated fruit ·1· stand, correct? ·2· · · ·A.· ·We don't talk about just pears.· We talk about ·3· in general other merchandise, because we not only sell ·4· one item of pears.· Okay?· In the store we sell a lot of ·5· items, and the way we display product is, you know, all ·6· the fruit in one area, all the vegetable in different ·7· area, so -- ·8· · · ·Q.· ·Sir, I'm not talking about fruits and ·9· vegetables.· I'm just talking about those boxes of pears 10· in the photograph in Exhibit 25, page 7.· I am just 11· talking about those boxes of pears. 12· · · ·A.· ·Uh-huh.· Yeah, at the time maybe the produce 13· manager put the pears there, and then maybe another day 14· something else was there.· Maybe a coconut box was 15· there -- 16· · · ·Q.· ·Okay. 17· · · ·A.· ·-- but it's a display, you know, area. 18· · · ·Q.· ·And that's the best way for you to sell your 19· merchandise is to place those pear boxes on the wood 20· platform? 21· · · · · · MR. HOY:· Vague and ambiguous. 22· · · · · · THE WITNESS:· It's not the best, but the 23· produce manager would do whatever it takes at the time 24· of -- with the merchandise he have on hand. 25 ·1· BY MR. NAKASE: ·2· · · ·Q.· ·I'm not talking -- you're the general manager, ·3· yes? ·4· · · ·A.· ·Yes. ·5· · · ·Q.· ·You're the operations manager, correct? ·6· · · ·A.· ·Yes. ·7· · · ·Q.· ·That's for the store, correct? ·8· · · ·A.· ·Yes. ·9· · · ·Q.· ·I'm asking about you. 10· · · ·A.· ·I'm not the merchandise of the vegetables 11· there, so -- 12· · · ·Q.· ·You're not?· You don't make decisions where 13· merchandise are placed? 14· · · · · · MR. HOY:· Are you talking about him deciding 15· specifically where to put those boxes of pears; is that 16· your question?· That he decides every single location of 17· every item in the store; is that your question?· Because 18· it's a vague question. 19· BY MR. NAKASE: 20· · · ·Q.· ·Let me ask you this.· Are you ready? 21· · · ·A.· ·Yes. 22· · · ·Q.· ·The more dangerous something is, the more 23· careful a grocery store must be, agreed? 24· · · ·A.· ·Yes. 25· · · ·Q.· ·The more severe of harm to your customer, the ·1· more careful your grocery store must be, agreed? ·2· · · · · · MR. HOY:· Objection.· Calls for a legal ·3· conclusion. ·4· · · · · · THE WITNESS:· I always want my customer safe. ·5· BY MR. NAKASE: ·6· · · ·Q.· ·So you agree? ·7· · · ·A.· ·Depends on -- you know, I want my customer ·8· safe, and then what is your question? ·9· · · ·Q.· ·The more severe or harm to your customer, the 10· more careful a grocery store manager must be -- 11· · · · · · MR. HOY:· Vague and -- 12· BY MR. NAKASE: 13· · · ·Q.· ·-- agreed? 14· · · · · · MR. HOY:· -- ambiguous.· Calls for an expert 15· opinion and a legal conclusion. 16· · · · · · THE WITNESS:· In general, yes. 17· BY MR. NAKASE: 18· · · ·Q.· ·Next question.· If the harm can be severe to 19· your customer, as a grocery store general manager, you 20· must eliminate the needless harm to your customer, 21· agreed? 22· · · · · · MR. HOY:· Objection.· Incomplete hypothetical. 23· Calls for a legal conclusion. 24· · · · · · THE WITNESS:· Yes. 25 ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Do you agree a broken bone is considered a ·3· severe injury to your store's customer? ·4· · · · · · MR. HOY:· Objection.· Lacks foundation.· Calls ·5· for an expert opinion. ·6· · · · · · THE WITNESS:· Any injury to the customer is ·7· not what we want. ·8· BY MR. NAKASE: ·9· · · ·Q.· ·So would you agree? 10· · · ·A.· ·Yeah, and then the injury is -- let the doctor 11· expert say it.· So I'm not compare a small injury to a 12· big injury.· Any injury is important to me. 13· · · ·Q.· ·As your store manager, do you consider a 14· broken bone a severe injury? 15· · · · · · MR. HOY:· Vague as to "severe," and calls for 16· an expert opinion. 17· BY MR. NAKASE: 18· · · ·Q.· ·Do you want me to ask it again? 19· · · ·A.· ·Yeah.· You mean severe as dangerous to life or 20· just -- 21· · · ·Q.· ·I'm just asking you a simple question. I 22· don't want to throw in a whole bunch of variables, like 23· life and death.· It's just a broken bone. 24· · · · · · MR. HOY:· He's asking for clarification.· He's 25· saying severe has different meanings. ·1· BY MR. NAKASE: ·2· · · ·Q.· ·Do you know what a broken bone is? ·3· · · ·A.· ·Yes, broken bone. ·4· · · ·Q.· ·If your customer suffered a broken bone in ·5· your store, is that a serious injury? ·6· · · ·A.· ·I would say so, yes. ·7· · · ·Q.· ·Okay. ·8· · · · · · If a customer got injured in your store and ·9· fractured a bone, do you consider that a serious injury? 10· · · ·A.· ·So I did say yes.· You know, the customer get 11· injury in the store, we feel sorry for anybody who got 12· injury in the store.· We need to see, you know, how it 13· happened in the store.· That's what my job is every day. 14· · · ·Q.· ·And your grocery store served the Linda -- 15· served the community in Linda Vista and San Diego, 16· right? 17· · · ·A.· ·Yes. 18· · · ·Q.· ·And when you serve the community in San Diego, 19· you would not put money above creating a needless danger 20· to the elders in your community, correct? 21· · · ·A.· ·Yes.· I would not. 22· · · ·Q.· ·Okay. 23· · · · · · Because it's important to put the elders in 24· your community above profit, do you agree? 25· · · ·A.· ·I agree. ·1· · · ·Q.· ·And when your store created a needless danger ·2· that injured the elders in your community, do you agree ·3· that your store should pay for the customer's care? ·4· · · · · · MR. HOY:· Objection.· Assumes facts not in ·5· evidence.· Incomplete hypothetical.· Calls for a legal ·6· conclusion.· Calls for speculation.· Calls for expert ·7· opinion. ·8· BY MR. NAKASE: ·9· · · ·Q.· ·Do you want to answer that question? 10· · · ·A.· ·I would say I want to see if you have a 11· different word to say "create."· Create, that means you 12· mean to do something.· So we not create any dangerous 13· thing for our customer. 14· · · ·Q.· ·When you have -- when your store sells 15· merchandise to its customers, the safest way to sell the 16· merchandise is the -- always the best way, agree? 17· · · · · · MR. HOY:· Objection.· Calls for speculation 18· and an incomplete hypothetical. 19· BY MR. NAKASE: 20· · · ·Q.· ·Do you remember earlier you talked about you 21· don't want a choice, you always want the safest way? 22· · · ·A.· ·Right. 23· · · ·Q.· ·Okay. 24· · · · · · That's why I'm asking you, when your store 25· sells merchandise, like those boxes of pears, you always ·1· want to select the safest method of selling those pears ·2· to your customers, agreed? ·3· · · ·A.· ·Yes. ·4· · · ·Q.· ·And the safest method of selling those pears ·5· is always the best option, agreed? ·6· · · ·A.· ·I agree. ·7· · · ·Q.· ·And the second safest option to sell those ·8· boxes of pears -- Pingle pears, is not the correct way ·9· to sell products for your store, agree? 10· · · · · · MR. HOY:· Objection -- 11· · · · · · THE WITNESS:· No. 12· · · · · · MR. HOY:· Objection.· Lacks foundation. 13· Incomplete hypothetical. 14· BY MR. NAKASE: 15· · · ·Q.· ·So you as your store manager, you always avoid 16· selecting one of the more dangerous options, agreed? 17· · · · · · MR. HOY:· Vague and ambiguous.· Incomplete 18· hypothetical. 19· · · · · · THE WITNESS:· I feel that all your questions 20· been repeated all over and over again.· So if the first 21· one is the same as this, then you know the answer. I 22· believe all your questions is the same. 23· BY MR. NAKASE: 24· · · ·Q.· ·I'm just -- 25· · · ·A.· ·It is. ·1· · · ·Q.· ·I'm just moving on.· They're not the same. I ·2· promise you. ·3· · · ·A.· ·Yes, they are the same. ·4· · · ·Q.· ·Do you agree as your store manager -- strike ·5· that. ·6· · · · · · Do you agree as the general manager, you must ·7· avoid selecting one of those more dangerous options to ·8· sell the boxes of pears? ·9· · · · · · MR. HOY:· Objection.· Vague and ambiguous. 10· Calls for a legal conclusion. 11· BY MR. NAKASE: 12· · · ·Q.· ·Come on, you want to avoid dangers to your 13· customers, so you want to avoid selling products by 14· placing it and making it dangerous.· It's common sense. 15· If it's not common sense, tell me it's not common sense. 16· · · ·A.· ·Yeah, but we -- in common word that means we 17· always try to put -- you know, display and serve the 18· customers in a safe way.· But right now -- 19· · · ·Q.· ·Perfect. 20· · · · · · Because you want to avoid a danger to your 21· customer? 22· · · ·A.· ·Uh-huh. 23· · · ·Q.· ·Right? 24· · · ·A.· ·Yes. 25· · · ·Q.· ·You want to -- always want to create the -- ·1· select the best option to sell your boxes of pears by ·2· avoiding needless danger to your customer? ·3· · · ·A.· ·No.· The location there is not always pears ·4· there.· So we display different products to our store. ·5· We moving around.· So selling pears or selling anything, ·6· it's just a name of the product. ·7· · · ·Q.· ·Okay. ·8· · · · · · You're the operations manager? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·What does that mean? 11· · · ·A.· ·My responsible is, you know, to have the store 12· operated smoothly. 13· · · ·Q.· ·Okay. 14· · · · · · And you always put your customer's safety 15· first, agreed? 16· · · ·A.· ·Yes, I agree. 17· · · ·Q.· ·That's really important, and the utmost 18· importance is to always put your customer's safety 19· first, agree? 20· · · ·A.· ·Yes, I agree. 21· · · ·Q.· ·And you should never create a needless danger 22· to your customer, right? 23· · · ·A.· ·Yes. 24· · · ·Q.· ·All right. 25· · · · · · THE VIDEOGRAPHER:· Two minutes. ·1· · · · · · MR. NAKASE:· I'm almost done.· So let's switch ·2· this up and I only have five minutes left. ·3· · · · · · THE VIDEOGRAPHER:· Going off the record at ·4· 4:44 p.m.· This concludes Media No. 2. ·5· · · · · · (Recess taken.) ·6· · · · · · THE VIDEOGRAPHER:· We are back on the record ·7· at 4:56 p.m.· This is the beginning of Media No. 3. ·8· BY MR. NAKASE: ·9· · · ·Q.· ·Mr. Trieu, I'm going to share some information 10· with you about Cuc Le, okay, and I'm going to ask you if 11· you know or not. 12· · · ·A.· ·Okay. 13· · · ·Q.· ·I promise you, I'm not going to lie to you. 14· I'm not going to trick you. 15· · · ·A.· ·No.· I would never say that.· You are very 16· professional. 17· · · ·Q.· ·Did anyone ever inform you, as a result of her 18· falling in your store, Cuc Le suffered a fractured 19· shoulder, fractured arm, fractured hip, and a fractured 20· femur? 21· · · ·A.· ·No.· I don't think I know about that. 22· · · ·Q.· ·Do you consider her injuries to be serious? 23· · · ·A.· ·With the way you explain, you can say it's 24· serious. 25· · · ·Q.· ·Okay. ·1· · · · · · Did you know that Cuc Le had surgery at UCSD ·2· for her injures that she sustained in your store? ·3· · · ·A.· ·No, I don't. ·4· · · ·Q.· ·Did anyone ever inform you that Cuc Le was an ·5· immigrant from Vietnam? ·6· · · · · · MR. HOY:· I just want to clarify to make sure ·7· that you know not to be speaking -- when he says ·8· "anyone," please leave out anything that your attorneys ·9· have told you, and then just refer to anyone else. 10· · · · · · THE WITNESS:· Okay. 11· · · · · · We recognize name in language, so when I see 12· that -- saw the name, then I'm positive that she would 13· come from Vietnam. 14· BY MR. NAKASE: 15· · · ·Q.· ·Did anybody ever inform you that after Cuc Le 16· tripped and fell in your store, she received -- she went 17· to UCSD and got surgery and spent three months in 18· hospice? 19· · · · · · MR. HOY:· Objection.· Assumes facts not in 20· evidence and it is an incomplete hypothetical.· Lacks 21· foundation. 22· BY MR. NAKASE: 23· · · ·Q.· ·Let me shorten that.· Okay?· Did anyone ever 24· inform you that after Cuc Le received surgery for her 25· injuries that she sustained in your store, she spent ·1· three months in hospice? ·2· · · ·A.· ·I find out -- I found out a little bit. I ·3· tried to find out about her injury when I talked to ·4· Katie after the complaint that we got served, and she ·5· say -- she -- you know, she followed the case and Cuc Le ·6· was doing well for almost two years. ·7· · · ·Q.· ·Who did? ·8· · · ·A.· ·Katie. ·9· · · ·Q.· ·Katie? 10· · · ·A.· ·Yeah. 11· · · ·Q.· ·Katie followed the case? 12· · · ·A.· ·Yeah, followed the case, because Cuc Le have 13· some attorney for a few months after her injury and 14· there were no severe injury to her at the time until, I 15· think, she was, you know, represented by your firm.· So 16· can I ask you when you start handle the case for her? 17· · · ·Q.· ·Yes.· November 2019, two -- about two months 18· ago. 19· · · ·A.· ·Oh, okay. 20· · · · · · Yeah, but under -- when I followed the case, 21· for the last two years she don't have any complaints 22· about big injury, and she was represented by a previous 23· attorney but then they decide not follow the case. 24· · · ·Q.· ·Okay. 25· · · ·A.· ·So that's why our company -- I was concerned ·1· say why, you know, we don't follow -- she say there was ·2· no complaints of any severe injury. ·3· · · ·Q.· ·There was no severe injuries? ·4· · · ·A.· ·Yeah. ·5· · · ·Q.· ·Yeah. ·6· · · ·A.· ·Now, you know, you notify me, so -- ·7· · · ·Q.· ·I have the medical records from UCSD.· Would ·8· you like to see it? ·9· · · ·A.· ·At some point, but when did she start have 10· all the -- you know, have like all the surgery or all 11· the big impact with her body? 12· · · ·Q.· ·The same day and the day after she tripped and 13· fell in your store. 14· · · ·A.· ·Uh-huh. 15· · · ·Q.· ·The medical records are right here. 16· · · ·A.· ·Okay. 17· · · ·Q.· ·Would you like to see it?· You can take it 18· with you. 19· · · ·A.· ·Okay.· Yeah. 20· · · ·Q.· ·I'll give you a copy. 21· · · ·A.· ·Okay.· I would love to have one. 22· · · ·Q.· ·I'll give you a copy. 23· · · ·A.· ·Okay. 24· · · ·Q.· ·Okay? 25· · · ·A.· ·Yeah. ·1· · · ·Q.· ·All right. ·2· · · ·A.· ·You can continue with all the questions. ·3· · · ·Q.· ·It's just a yes-or-no question.· It's very ·4· simple.· I'll keep it short.· Your lawyer is going to ·5· object, but I have to ask the question.· Are you ready? ·6· · · ·A.· ·Yeah. ·7· · · ·Q.· ·Does your company accept liability for Cuc ·8· Le's injury in your store? ·9· · · · · · MR. HOY:· Objection.· Calls for a legal 10· conclusion.· Incomplete hypothetical.· Attorney-client 11· privilege.· Attorney work product, and my only debate is 12· whether to allow him to answer. 13· BY MR. NAKASE: 14· · · ·Q.· ·I'm not asking you about your communication 15· with your lawyer.· I'm just asking you about -- 16· · · · · · MR. HOY:· Accepting liability, that's made 17· very -- decisions of liability could easily have come 18· through discussions with the attorney.· So anything that 19· frames disposition in terms of this litigation could be 20· protected by attorney-client privilege. 21· BY MR. NAKASE: 22· · · ·Q.· ·Let me ask you differently.· Okay?· Anything 23· before your communication with your lawyer, anything 24· before 10:00 a.m. today, before you stepped into my 25· office, leave it out. ·1· · · ·A.· ·Uh-huh -- yes. ·2· · · ·Q.· ·Since you sat in this office for your ·3· deposition at 10:00 a.m. today to the present, seeing ·4· all the information about Cuc Le, does your company ·5· accept liability? ·6· · · · · · MR. HOY:· Objection -- ·7· · · · · · THE WITNESS:· No. ·8· · · · · · MR. HOY:· -- calls for a legal conclusion. ·9· · · · · · MR. NAKASE:· Okay. 10· · · · · · That's it.· So how would you like the handle 11· the transcript? 12· · · · · · MR. HOY:· We could use a -- we could do a 13· regular stipulation at this time. 14· · · · · · MR. NAKASE:· What's a regular stipulation? 15· Let's go off the record real quick. 16· · · · · · THE VIDEOGRAPHER:· Going off the record at 17· 5:00 p.m. 18· · · · · · (Recess taken.) 19· · · · · · THE VIDEOGRAPHER:· We are back on the record 20· at 5:04 p.m. 21· BY MR. NAKASE: 22· · · ·Q.· ·Sir, do you have Exhibit 68, page 1 and page 2 23· in front of you? 24· · · ·A.· ·Yes. 25· · · ·Q.· ·And do you see that wood box?· I don't care ·1· what you call it, wood pedestal, whatever.· Okay? ·2· · · ·A.· ·We call it a platform. ·3· · · ·Q.· ·You can call it a wood platform.· There's a ·4· wood platform that is sitting on the side with its belly ·5· exposed -- underside exposed, do you see that? ·6· · · ·A.· ·Yes. ·7· · · ·Q.· ·And is that wood platform the type of wood ·8· platform that is in your store today? ·9· · · ·A.· ·We have this type of platform familiar with me 10· in the store. 11· · · ·Q.· ·Okay. 12· · · · · · And you recognize this wood platform to be one 13· that's in your store? 14· · · ·A.· ·In the store, yes. 15· · · ·Q.· ·Okay. 16· · · · · · And you're -- this wood platform comes in many 17· different sizes, correct? 18· · · ·A.· ·Yes. 19· · · ·Q.· ·Okay. 20· · · · · · And this wood platform in Exhibit 68, page 1 21· and page 2, are -- well, it's only one, actually.· It's 22· the same wood platform.· And you recognize it because 23· it's something that's been throughout your store in San 24· Diego for many, many years, correct? 25· · · ·A.· ·Yes. ·1· · · ·Q.· ·Okay. ·2· · · · · · And this is the wood platform that is similar ·3· to the one in -- next to Cuc Le's torso in Exhibit -- ·4· photographs in Exhibit 25, correct? ·5· · · ·A.· ·It's the same type, but not the one there -- ·6· · · ·Q.· ·I agree. ·7· · · ·A.· ·Yes. ·8· · · ·Q.· ·It's a different length? ·9· · · ·A.· ·Yes. 10· · · ·Q.· ·It's longer -- the one in Exhibit 68 is 11· longer, right? 12· · · ·A.· ·Based on the picture that I saw, the platform 13· in the 25, page 1 through 7 is -- in the picture, the 14· way I saw, is one piece. 15· · · ·Q.· ·Okay. 16· · · · · · And these photographs with the wood platform 17· are essentially genuine photographs, do you agree? 18· · · ·A.· ·Yes. 19· · · ·Q.· ·All right. 20· · · · · · Code transcript to the witness.· Sir, you're 21· going to be given a transcript by the court reporter by 22· email.· What is your email address, sir? 23· · · · · · THE WITNESS:· [email protected]. 24· · · · · · MR. NAKASE:· Okay. 25· · · · · · And you're going to review the transcript and ·1· make sure that it's accurate.· Okay?· And if anything ·2· that you believe you said was inaccurate, you can make ·3· the changes by writing it onto a sheet that the court ·4· reporter will provide to you.· Okay? ·5· · · · · · THE WITNESS:· Okay. ·6· · · · · · MR. NAKASE:· Just understand, if you make any ·7· substantive changes, like big changes to what you said, ·8· like yes and no and no to yes, something like that, just ·9· understand I'm going to call you out at trial.· Okay? 10· · · · · · THE WITNESS:· Okay. 11· · · · · · THE VIDEOGRAPHER:· This concludes today's 12· testimony of Huy Trieu.· We're going off the record at 13· 5:08 p.m.· The number of media used was three. 14· · · ·(Whereupon at 5:08 p.m., the deposition was 15· concluded.) 16 17 18 19 20 21 22 23 24 25 ·1· · · · · · DECLARATION UNDER PENALTY OF PERJURY ·2 ·3· · · · · · ·I do solemnly declare under penalty of ·4· perjury, under the laws of the State of California, ·5· that the foregoing is my deposition under oath; that ·6· these are the questions asked of me and my answers ·7· thereto; that I have read same and have made the ·8· necessary corrections, additions, or changes to my ·9· answers that I deem necessary. 10· · · · · · In witness whereof, I hereby subscribe my name 11· this ______day of ______, 2020 12 13 14 15· ______16· HUY TRIEU 17 18 19 20 21 22 23 24 25 ·1· · · · · · ·DEPONENT'S CHANGES OR CORRECTIONS ·2· ·Note:· If you are adding to your testimony, print ·3· ·the exact words you want to add.· If you are deleting ·4· ·from your testimony, print the exact words you want ·5· ·to delete.· Specify with "Add" or "Delete" and sign ·6· ·this form. ·7 ·8· ·DEPOSITION OF:· · · ·HUY TRIEU ·9· ·CASE:· · · · · · · · LE V. SF SAN DIEGO, INC. 10· ·DATE OF DEPOSITION:· FEBRUARY 12TH, 2020 11 12· ·PAGE· · LINE· · CHANGE/ADD/DELETE 13· ·____· · ____· · ______14· ·____· · ____· · ______15· ·____· · ____· · ______16· ·____· · ____· · ______17· ·____· · ____· · ______18· ·____· · ____· · ______19· ·____· · ____· · ______20· ·____· · ____· · ______21· ·____· · ____· · ______22· ·____· · ____· · ______23· ·____· · ____· · ______24· ·____· · ____· · ______25· ·Deponent's Signature ______Date ______·1· ·PAGE· · LINE· · CHANGE/ADD/DELETE ·2· ·____· · ____· · ______·3· ·____· · ____· · ______·4· ·____· · ____· · ______·5· ·____· · ____· · ______·6· ·____· · ____· · ______·7· ·____· · ____· · ______·8· ·____· · ____· · ______·9· ·____· · ____· · ______10· ·____· · ____· · ______11· ·____· · ____· · ______12· ·____· · ____· · ______13· ·____· · ____· · ______14· ·____· · ____· · ______15· ·____· · ____· · ______16· ·____· · ____· · ______17· ·____· · ____· · ______18· ·____· · ____· · ______19· ·____· · ____· · ______20· ·____· · ____· · ______21· ·____· · ____· · ______22· ·____· · ____· · ______23· ·____· · ____· · ______24· ·____· · ____· · ______25· ·Deponent's Signature ______Date ______·1· STATE OF CALIFORNIA· ) · · · · · · · · · · · · · ss. ·2· COUNTY OF SAN DIEGO· )
·3
·4· · · · · · I, Leesah Teran, CSR No. 12675, in and for the
·5· State of California, do hereby certify:
·6· · · · · · That prior to being examined, the witness
·7· named in the foregoing deposition was by me duly sworn
·8· to testify to the truth, the whole truth, and nothing
·9· but the truth;
10· · · · · · That said deposition was taken down by me in
11· shorthand at the time and place therein named and
12· thereafter reduced to typewriting under my direction,
13· and the same is a true, correct, and complete transcript
14· of said proceedings;
15· · · · · · That if the foregoing pertains to the original
16· transcript of a deposition in a federal case, before
17· completion of the proceedings, review of the transcript
18· ( ) was ( ) was not required.
19· · · · · · I further certify that I am not interested in
20· the event of the action.
21· · · · · · Witness my hand this 7th day of March, 2020.
22
23
24· · · · · · · · · ·______· · · · · · · · · · ·Certified Shorthand Reporter 25· · · · · · · · · ·for the State of California
SF SUPERMARKET
CALIFORNIA EMPLOYEE HANDBOOK
Exhibit 50, p. 1 Cuc Le Bates No. 02406 SFSUPER000053
Welcome Letter
Welcome to SF Supermarket:
We would like to take this opportunity to thank you for joining our team of grocery professionals. We are pleased to present this Employee Handbook that shares our policies, procedures, working conditions and benefits. We know that you will embrace our successful work culture which takes pride in providing quality products with excellent service to our customers.
As an employee you are our foundation for success. We expect only the best in your daily performance of your job and in becoming a contributing member of the Company’s team. Additionally, we expect you to take pride in your work and always have the Company as your best interest because your actions reflect on your successes.
Please review the policies, procedures, working conditions, and benefits described in this handbook. You will be asked to affirm that you have read, understand, agree to abide by, and acknowledge your receipt of this Handbook.
SF Supermarket Exhibit 50, p. 2 page 2 CA Cuc Le Bates No. 02407 SFSUPER000054
Confirmation of Receipt Of Employee Handbook
I have received my copy of SF Supermarket’s Employee Handbook. I understand and agree that it is my responsibility to read and familiarize myself with the policies and procedures contained in the handbook.
I understand that I am an employee at will and this handbook is not a contract of employment. Any and all policies or practices can be changed at any time by the Company. The Company reserves the right to change my hours, wages, and working conditions at any time. I understand and agree that other than the Chief Executive Officer of the Company, no manager, supervisor, or representative of the Company has authority to enter into any agreement, express or implied, for employment for any specific period of time, or to make any agreement for employment other than at-will; only the executive officer has the authority to make any such agreement and then only in writing, signed by the executive officer.
I understand and agree that nothing in the employee handbook creates or is intended to create a promise or representation of continued employment and that employment at the Company is employment at will; employment may be terminated at the will of either the Company or myself at any time for any reason or for no reason at all. My signature certifies that I understand that the foregoing agreement on at-will status is the sole and entire agreement between the Company and myself concerning the duration of my employment and the circumstances under which my employment may be terminated. It supersedes all prior agreements, understandings, and representations concerning my employment with the Company.
Employee Name: Title:
Signature: Date:
SF Supermarket Exhibit 50, p. 3 page 3 CA Cuc Le Bates No. 02408 SFSUPER000055
Confidentiality Agreement
SF Supermarket (the “Company”) is engaged in continuous development and expansion of its present and future business. I understand that as part of my employment by the Company (“Employment”) I will be exposed, form time to time, to various proprietary business information of and concerning the Company that is of confidential nature.
As part of the consideration for my Employment and the compensation received by me from the Company from time to time, I hereby agree as follows: 1. Definition: As used in this Agreement, the term, “ Proprietary Information,” means information (a) that is not known by actual or potential competitors of the Company or is generally unavailable to the public, (b) that has been created, discovered, developed, or otherwise become known to the Company or in which property rights have been assigned or otherwise conveyed to the Company, and (c) that has material economic value or potential material economic value to the Company’s present or future business. “Proprietary Information” shall include trade secrets (as defined under California Civil code section 3426.1) and all other discoveries, developments, improvements, processes, techniques, know-how, negative know-how, data, research, technical data, customer and supplier lists and contacts, and any modifications or enhancements of any of the foregoing, and all plans, strategies, programs, personnel, marketing, sales, accounting, financial, product, or other business information disclosed to me by the Company, either directly or indirectly, in writing or orally or by drawings or observation, which has actual or potential economic value to the Company.
2. Duty of Trust and Confidentiality: My employment creates in me a duty of trust and confidentiality to the Company with respect to the Proprietary Information or any other information:
a. Related, applicable, or useful to the Company’s business, including without limitation, the Company’s anticipated business plans; b. resulting from tasks assigned to me by the Company; c. resulting from the use of equipment, supplies, or facilities owned, leased, or contracted for by the Company; or d. related, applicable, or useful to the business of any of the Company’s clients or customers, which may be made known to me by the Company or by such client or customer, or learned by me during my Employment.
3. Nondisclosure of Proprietary Information: At all times, both during my Employment and after the cessation of my Employment, whether the cessation is voluntary or involuntary:
a. I shall keep in strictest confidence and trust all Proprietary Information; b. I shall not disclose, use, or induce or assist in the use or disclosure of any Proprietary Information without the Company’s prior express written
SF Supermarket Exhibit 50, p. 4 page 4 CA Cuc Le Bates No. 02409 SFSUPER000056 consent, except as may be necessary in the ordinary course of performing my duties as an employee of the Company; and c. At all times during my Employment, I shall promptly advise the Company of any knowledge that I may have of any unauthorized release or use of the Company’s Proprietary Information, and shall take reasonable measures to prevent unauthorized persons or entities from having access to, obtaining, or being furnished with any Proprietary Information.
4. Confidential and Proprietary Information of Third Parties: The Company has received and in the future will receive form third parties their confidential or proprietary information, subject to the Company’s duty to maintain the confidentiality of such information and to use it only for certain limited purposes. I owe the Company and such third parties, during my Employment and thereafter, a duty to hold all such confidential or proprietary information in the strictest confidence, and I shall not disclose, use, or induce or assist in the use or disclosure of any such confidential or proprietary information without the Company’s prior express written consent, except as may be necessary in the ordinary course of performing my duties as an employee of the Company, consistent with the Company’s agreement with such third party.
5. Maintaining Confidences of Prior Employers: The Company recognizes that certain employees may have worked for other companies, including competitors of the Company, prior to joining the Company and might have obtained access to proprietary information or confidential material belonging to such persons. As a condition of your employment, you may not use in your job or disclose to any person at the Company any such proprietary information or confidential material without first having obtained a release from such person, which release must be in writing and in a form and substance satisfactory to the Company and its attorneys.
I acknowledge that I have carefully read and understand the foregoing SF Supermarket Confidentiality Agreement ant that I will be bound by and comply with all of its terms.
I UNDERSTAND AND ACKNOWLEDGE THAT IF I VIOLATE THIS AGREEMENT I WILL BE SUBJECTED TO DISCIPLINARY ACTION UP TO AND INCLUDING TERMINATION OF MY EMPLOYMENT.
Employee’s Signature Date
Employee’s Printed Name
SF Supermarket Exhibit 50, p. 5 page 5 CA Cuc Le Bates No. 02410 SFSUPER000057
Mutual Agreement to Arbitrate
This Mutual Agreement to Arbitrate (the “Arbitration Agreement”) is entered into between SF Supermarket (“the Company”) and the undersigned employee as of the date set forth below. The words “you” and “your” in this Arbitration Agreement refer to the undersigned employee and anyone acting on the employee’s behalf including, without limitation, the employee’s family, heirs, agents and assigns.
Despite our best attempts to avoid them, differences can arise in the course of an employment relationship. Because you and the Company believe that resolving differences in the courts is rarely timely or cost-effective for either party, this Arbitration Agreement is being executed to obtain the benefit of a speedy, impartial and cost-effective dispute resolution procedure. For the right to resolve your claims by arbitration rather than through the courts, you agree with the Company as follows:
1. Agreement to Arbitrate. Except as otherwise provided in this Arbitration Agreement, you and the Company agree to settle by final and binding arbitration any claim or controversy arising out of or in any way relating to your employment by the Company, or the ending of such employment (including, without limitation, any claim for wages or other compensation, and any claim of discrimination or harassment under local, state or federal statutory or common law, any claim for breach of any contract, express or implied, and any tort claim), that the Company may have against you or that you may have against the Company or any of its affiliates, or against any past or present director, officer, employee, consultant or agent of the Company or any of its affiliates, in their capacity as such or otherwise; provided, however, that this agreement to arbitrate shall not apply to matters within the jurisdiction of small claims court.
2. Arbitration Procedures. Arbitration shall be conducted before a neutral arbitrator in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”) in effect at the time the claim is made. Such arbitration shall be filed with the AAA and heard in Los Angeles, California. The party asserting the claim is responsible for filing a demand for arbitration with AAA. California Code of Civil Procedure Section 1283.05, which provides for certain discovery rights, shall apply to any arbitration. The arbitrator shall apply, as applicable, federal or California substantive law and law of remedies. The arbitrator’s remedial authority shall be no greater than that which is available under the statutory or common law theory asserted. The arbitrator shall issue a written statement of decision setting forth his or her findings and conclusions. A judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction.
3. Claims Not Covered by This Arbitration Agreement. This Arbitration Agreement does not apply to or cover the following claims: (i) claims by you for workers’ compensation benefits; (ii) claims by you for unemployment compensation benefits; (iii) claims brought in a court of competent jurisdiction by either you or the Company to compel arbitration under this Arbitration Agreement, to enforce an arbitration award or to obtain preliminary injunctive and/or other equitable relief in support of claims to be prosecuted in an
SF Supermarket Exhibit 50, p. 6 page 6 CA Cuc Le Bates No. 02411 SFSUPER000058 arbitration by either party; and (iv) claims based upon a pension or benefit plan which contains an arbitration or other dispute resolution procedure, in which case the provisions of such plan shall apply.
4. Attorney’s Fees and Costs. While you and the Company shall be responsible for your and its own attorneys’ fees, respectively, and certain costs in connection with any arbitration hereunder, the Company shall pay all costs that are unique to arbitration, including, without limitation, the arbitrator’s fees and any filing fees that exceed the filing fees that you would be requires to pay in a court of law.
5. Sole and Entire Agreement. You and the Company acknowledge that this Arbitration Agreement constitutes the complete agreement of the parties on the subject matter contained herein, and supersedes any prior oral or written agreement or understanding on the subject matter contained herein.
6. Survival of Provisions. This Arbitration Agreement shall continue in effect after your employment with the Company ends and shall apply to any claim whether it arises or is asserted before, during or after the ending of your employment relationship with the Company. You and the Company agree that this Arbitration Agreement can be modified or revoked only by a written document signed by both you and the Company which specifically states that you and the Company both intend to modify or revoke this Arbitration Agreement.
7. Severability. If this Arbitration Agreement is held to be void or unenforceable with respect to a particular provision or to a particular claim or class of claims, that fact shall not affect the validity or enforceability of the Arbitration Agreement with respect to any other provision or any other claim or class of claims.
I acknowledge that I have carefully read and understand the foregoing Arbitration Agreement and that I will be bound by and comply with all of its terms. I acknowledge that I have entered into this Arbitration Agreement voluntarily and that I am not relying on any representation, oral or written, as to the effect, enforceability or meaning of this Arbitration Agreement, except as specifically set forth in this Arbitration Agreement.
I UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS ARBITRATION AGREEMENT, THE Company AND I ARE GIVING UP THE RIGHT TO A JURY TRIAL AND TO A TRIAL IN A COURT OF LAW.
Employee’s Signature Date
Employee’s Printed Name
SF Supermarket Exhibit 50, p. 7 page 7 CA Cuc Le Bates No. 02412 SFSUPER000059
Code of Ethics and Professionalism Policy
All Company employees are subject to the provisions set forth in the following Code of Ethics and Professionalism Policy and will be expected to follow the policies and standards. Employees should retain a copy of this policy for their records, and the original form will be placed in their personnel files.
Employees will agree not to disclose any client/participant/or customer information with any person(s) in or outside Company.
SF Supermarket Exhibit 50, p. 8 page 8 CA Cuc Le Bates No. 02413 SFSUPER000060 AGREEMENT TO MAINTAIN COMPANY PROPRIETARY INFORMATION AND TRADE SECRETS
All Company records and information relating to Company or its patrons, which is not readily available to the public, are confidential and employees must treat all matters accordingly. The confidentiality of such information must be maintained and No Company-related information, including without limitation, documents, notes, files, records, oral information, computer files or similar materials (except in the ordinary course of performing duties on behalf of Company), may be removed from Company ’s premises without permission from the employee’s supervisor and reported to the the store manager. Additionally, the contents of Company’s records or information otherwise obtained in regard to business may not be disclosed to anyone, except where required for a business purpose. Employees must not disclose any confidential information, purposely or inadvertently (through casual conversation), to any unauthorized person inside or outside Company. Employees who are unsure about the confidential nature of specific information must ask their supervisor or the store manager for clarification. Employees will be subject to appropriate disciplinary action, up to and including dismissal, for knowingly or unknowingly revealing information of a confidential nature. This obligation continues both during employment and at all times thereafter and after termination of employment with the Company for any reason. Each employee agrees not to use directly or indirectly, either on his or her own behalf or on the behalf of any other person or entity, any Propriety Information or Trade Secrets.
I acknowledge that I have carefully read and understand the foregoing SF Supermarket Code of Ethics and Professionalism Policy ant that I will be bound by and comply with all of its terms.
I UNDERSTAND AND ACKNOWLEDGE THAT IF I VIOLATE THIS AGREEMENT I WILL BE SUBJECTED TO DISCIPLINARY ACTION UP TO AND INCLUDING TERMINATION OF MY EMPLOYMENT.
Employee’s Signature Date
Employee’s Printed Name
SF Supermarket Exhibit 50, p. 9 page 9 CA Cuc Le Bates No. 02414 SFSUPER000061
Alcohol and Illegal Drug Policy
The use of illegal drugs and alcohol misuse by employees are inconsistent with SF Supermarket’s long-standing commitment to maintain a safe, healthy, and productive work environment. Illegal drugs are controlled substances that are not being used or possessed under the supervision of a doctor or other licensed health care professional. Whenever employees are working, present on our premises, or present in any other location performing services for our Company, they are prohibited from:
1. Using, possessing, buying, selling, manufacturing, distributing, dispensing or transferring illegal drugs;
2. Being under the influence of illegal drugs or alcohol; and
3. Possessing or consuming alcohol.
This policy does not prohibit employees from the lawful possession and use of prescribed medications.
SF Supermarket reserves the right to conduct post-offer/pre-employment, reasonable suspicion, and other drug and alcohol tests in accordance with the requirements of applicable law.
SF Supermarket reserves the right to inspect all parts and aspects of its premises for illegal drugs, alcohol or other contraband. All employees and visitors may be asked to cooperate in inspections of their persons, work areas and property (such as purses, tool boxes, lunch boxes, briefcases, desks, or lockers) that might conceal illegal drugs, alcohol or other contraband.
Employees who violate this policy will be subject to appropriate disciplinary action up to and including termination of employment. Depending on the circumstances, an employee’s return to work, reinstatement and/or continued employment may be conditioned on the employee’s successful participation in and/or completion of any and all evaluations, counseling, treatment, and rehabilitation programs, passing of return-to-duty and follow-up drug and alcohol tests, and/ or other appropriate conditions as determined by the management of SF Supermarket.
Your Role and Responsibilities
Employees should report to work fit for duty and free of any adverse effects of illegal drugs or alcohol.
Employees have the responsibility to consult with their doctors or other licensed health care professionals about the effect of any prescribed medications they may be taking on their ability to perform their specific job duties in a safe manner, and to promptly disclose any work restrictions to their supervisors or the store manager. Employees should not, however, disclose underlying medical conditions, impairments or disabilities to their supervisors or the store manager unless specifically directed to do so by their doctors or other licensed health care professionals
SF Supermarket Exhibit 50, p. 10 page 10 CA Cuc Le Bates No. 02415 SFSUPER000062 Voluntary Request for Assistance
Employees with drug and alcohol problems are encouraged to seek help before they become subject to discipline for violating this or other Company’s operating policies. We will support, assist, and accommodate such employees to the extent required by applicable law. The store manager can assist employees in a confidential manner, providing them with information about community resources for evaluation, counseling, and treatment, and helping them utilize any available employee benefits. SF Supermarket management will not discipline employees because they request assistance. Employees may not, however, escape discipline by requesting assistance after they violate these policies. In addition, employees who request assistance will not be excused from complying with these policies, including its standards for employee performance and conduct.
Random Testing
SF Supermarket may randomly test employees for compliance in its drug-free workplace policy. As used in this Policy, “random testing,” means a method of selection of employees for testing, performed by an outside third party. The selection will result in an equal probability that an employee from a group of employees will be tested. Furthermore, the Company has no discretion to waive the selection of an employee selected by this random selection method. The testing must be conducted within one business day of notification to the employee that he/she has been selected to have a drug test.
Post Rehabilitation Testing
Where the employee has had a confirmed positive test result, or has been sent to a drug dependency program at the request of Company, as a condition of continued employment will require the taking and passing by the employee of follow-up drug tests during a probationary period within the two year period after the employee’s return to work.
Substances Covered By Drug and Alcohol Testing
Employees will be tested for their use of commonly-abused controlled substances, utilizing the Five Panel Toxicology Testing which includes, but is not limited to the following substances: marijuana, cocaine, amphetamines, opiates, and PCP.
Employees must advise testing lab employees of all prescription drugs taken in the past month before the test, and be prepared to show proof of such prescription (s) to testing lab personnel.
Testing Methods and Procedures
All testing will be conducted by a licensed medical laboratory, which will follow testing standards established by the State or Federal government. Testing will be conducted on a urine sample provided by the employee to the testing laboratory under procedures established by the laboratory to insure privacy of the employee, while protecting against tampering/alteration of the test results. Employees will receive directions from Company Administration as to the testing location, date and time.
Employees will be considered to be engaged at work for the time spent in taking any tests, and will be compensated for such time at their regular rate.
SF Supermarket Exhibit 50, p. 11 page 11 CA Cuc Le Bates No. 02416 SFSUPER000063 Company will pay for the costs of the testing, including the confirmation of any positive test. The testing lab will retain samples in accordance with state law, so that an employee may request a retest of the sample at his or her own expense if the employee disagrees with the test result.
Refusal to Undergo Testing
Employees who refuse to submit to a test are subject to disciplinary action, up to and including termination.
Positive Test
If an employee tests positive on an initial screening test, the employee will be temporarily suspended while a requested confirmation test is being conducted. On receipt of a positive test, the employee will be subject to disciplinary action, up to and including termination.
Right To Explain Test Results
Tested employees have the right to meet with the testing laboratory personnel, and with Company, to explain their test results. These discussions shall be considered confidential except that information disclosed in such tests will be communicated to personnel with Company or within the lab who need to know such information in order to make proper decisions regarding the test results or regarding the employment of the individual.
Right to Review Records
Employees have a right to obtain copies of all test results from the testing laboratory, or from Company. When the individual disagrees with the test results, the individual may request the laboratory repeat the test. Such repeat test shall be at the expense of the individual, unless the repeat test overturns the original report of the lab, in which case Company will reimburse the employee for the costs incurred for the retest.
Confidentiality Requirements
All records concerning the test results will be kept in medical files, which are kept separately from the personnel file of the employee.
Testing laboratories may conduct testing only for substances including on the disclosure list provided to the individual, and may not conduct general testing related to the medical conditions of the individual which are unrelated to drug usage.
Retesting
Employees may request a retest of their positive test results within five (5) working days upon notification by Company of such positive test results. This retest is at the expense of the individual unless the original test is called into question by the retest.
When the employee/applicant believes the positive test result was affected by taking lawful or prescribed substances, the individual may be suspended without pay pending receipt of
SF SupermarketExhibit 50, p. 12 page 12 CA Cuc Le Bates No. 02417 SFSUPER000064 confirming information to substantiate the claims of the individual. Normally the individual will be provided no more than five (5) business days to provide the additional information.
Once Company has determined whether or not there is evidence to indicate that the test results were incorrect, Company will advise the individual of its decision.
Treatment, Termination, and Rehire
Employees who test positive for any drug(s) listed on the Disclosure list have two choices. The employee may agree to enter an authorized treatment program approved by Company, and agree to subsequent retesting for a period of two years after returning from treatment, or the employee will be terminated immediately, and will not be considered for rehire until he or she can demonstrate that he/she has remained drug free for a period of two or more years.
Written Agreement
All random drug-test-applicable employees are required by written agreement with Company to comply with this policy, waiving privacy issues and authorizing the drug testing company to reveal to SF Supermarket the results of any drug tests conducted pursuant to this policy to the extent such waiver and permission does not violate any applicable laws, including, but not limited to privacy laws and HIPPA.
I have read this SF Supermarket Alcohol and Illegal Drug policy and understand it fully and agree to abide by its terms.
Employee Name: Date:
Employee Signature:
SF Supermarket Exhibit 50, p. 13 page 13 CA Cuc Le Bates No. 02418 SFSUPER000065
Electronic Technology Statement Policy
This electronic Technology Usage Policy [“Policy”] applies to all employees – executives, professionals, administrative and support staff, as well as any other employee using the “Company’s” electronic technology at any time or place [“You,” “Your,” or collectively, “Users”].
While the Company encourages the use of electronic technology to further the Company’s business goals, you must use this technology responsibly and in compliance with this Electronic Technology Usage Policy [the “Policy”]. Access or equipment can be withdrawn at any time at the discretion of SF Supermarket management. Of course, no policy can cover every possibility. You should use prudent judgment in using the Company’s electronic technology. Any question as to the appropriateness of any use should be addressed to the store manager or other individual designated by SF Supermarket management.
SF Supermarket recognizes that many of its Users devote long hours, including time beyond normal working hours and may be on call or conducting business during evenings and weekends, and desires to allow those Users the ability to use its electronic technology as needed, even if not for direct work-related functions. In doing so, the Company in no way condones improper use in violations of this Policy and reserves its right to reconsider any aspect of this Policy and to amend it in whole or part at any time and in any respect.
User Confidentiality
Passwords are designed to maintain the confidentiality of the Company’s electronic technology and business-related information contained in its various systems. Passwords are not designed to provide confidentiality with respect to personal messages, data, and documents stored on the Company’s systems. Thus, You should not have any expectation of privacy with respect to your use of the Company’s electronic technology [including voice mail, e-mail, Internet systems, and documents stored on Your local computer or network hard drive].
• SF Supermarket through its authorized representatives or employees may inspect and disclose to third parties files or messages [including Your computer hard drive, voice mail and e-mail] at any time in its discretion to determine compliance with policies, respond to lawful subpoenas or court orders, investigate alleged or suspected misconduct, locate information, or if reasonable and appropriate for any other business purpose. The Company need not notify you before or after any such inspection.
• Because the privacy of personal information cannot be assured, information that you consider private should not be stored or transmitted on the Company’s systems.
• By storing personal information on the Company’s system, you are expressly consenting to the processing and disclosure of that information to the Company, its authorized representatives and employees for any of the purposes noted above.
• Please be aware that “deletion” of a file or message does not mean that it cannot be
SF SupermarketExhibit 50, p. 14 page 14 CA Cuc Le Bates No. 02419 SFSUPER000066 retrieved and reviewed. For example, deleted e-mails are retained in each office server for specified periods and can be retrieved from the server even if deleted by the sender or recipient. Even after erased from the server, the e-mails remain accessible. The contents of each server – including, in this example, e-mails –are “backed-up” onto tape at regular intervals. Those tapes are then stored with the data intact until the tapes are re-used in the ordinary course for another back up of data.
• Electronic technology provided to you by the Company does not belong to you. It is the property of the Company. You are prohibited from placing any software or hardware on Your PC system that would prohibit use of Your PC in Your absence by authorized personnel of the Company.
Use of Electronic Media
The Company uses various forms of electronic communication including, but not limited to computers, cash registers, e-mail, voice mail, telephones, internet, and fax machines. All electronic communications, including all software, databases, hardware, and digital files, remain the sole property of the Company and are to be used only for Company business and not for any personal use.
Employees may not at any time remove any confidential information or business secrets from the Company premises without express permission, or transmit such information by e-mail or other means, and must return all such property including all copies thereof, at the time their employment terminates, for whatever reason. If any material cannot be returned, it must be completely destroyed and rendered unusable and proof of such actions will be furnished to the Company.”
Electronic communication and media may not be used in any manner that would be discriminatory, harassing, or obscene, or for any other purpose that is illegal, against Company policy, or not in the best interest of the Company.
Employees who misuse electronic communications and engage in defamation, copyright or trademark infringement, misappropriation of trade secrets, discrimination, harassment, or related actions will be subject to discipline and/or immediate termination.
Employees may not install personal software on Company computer systems.
All electronic information created by any employee using any means of electronic communication is the property of the Company and remains the property of the Company. Personal passwords may be used for purposes of security, but the use of a personal password does not affect the Company’s ownership of the electronic information.
The Company will override all personal passwords if necessary for any reason.
The Company reserves the right to access and review electronic files, messages, mail, and other digital archives, and to monitor the use of electronic communications as necessary to ensure that no misuse or violation of Company policy or any law occurs.
Employees are not permitted to access the electronic communications of other employees or third parties unless directed to do so by Company management. Sharing security password is subjected to disciplinary action up to including termination.
SF SupermarketExhibit 50, p. 15 page 15 CA Cuc Le Bates No. 02420 SFSUPER000067 No employee may install or use anonymous e-mail transmission programs or encryption of e- mail communications, except as specifically authorized by the Company.
Employees who use devices on which information may be received and/or stored, including but not limited to cell phones, cordless phones, portable computers, fax machines, and voice mail communications are required to use these methods in strict compliance with the trade secrets and confidential communication policy established by the Company. Except for such uses, these communications tools should not be used for communicating confidential or sensitive information or any trade secrets.
Access to the Internet, websites, and other types of Company-paid computer access are to be used for Company-related business only. Any information about the Company, its products or services, or other types of information that will appear in the electronic media about the Company must be approved by the executive officer before the information is placed on an electronic information resource that is accessible to others.
Questions about access to electronic communications or issues relating to security should be addressed to the IT Administrator.
Cell Phones
In the interest of the safety of our employees and other drivers, all employees are prohibited from using cell phones or engaging in ‘texting’ while driving on Company business. Company business and/or Company time. If your job requires that you keep your cell phone turned on while you are driving, you must use a hands-free device and safely pull off the road before conducting Company business. Under no circumstances should employees place phone calls while operating a motor vehicle while driving on Company business and/or Company time.
• Employees who are provided a Company-issued cell phone may use the phone for personal reasons only in case of an emergency. Other personal use is prohibited • Employees who are charged with traffic violations while driving will be solely responsible for all liabilities that result from violating driving laws. In addition, employees will also be held responsible for damages to property, personal injury or death along with any lawsuits resulting from violations to this policy and driving violation.
SF SupermarketExhibit 50, p. 16 page 16 CA Cuc Le Bates No. 02421 SFSUPER000068
Electronic Technology Statement Policy Acknowledgment Page
I have read the Company’s Electronic Technology policy and understand it fully and agree to abide by its terms.
Employee Name: Date:
Employee Signature:
SF Supermarket Exhibit 50, p. 17 page 17 CA Cuc Le Bates No. 02422 SFSUPER000069
Equal Employment Opportunity Statement
SF Supermarket is an equal opportunity employer and makes employment decisions on the basis of merit. We want to have the best available persons in every job. Company policy prohibits unlawful discrimination based on race, color, creed, gender, religion, marital status, age, national origin or ancestry, physical or mental disability, and medical condition including genetic characteristics, sexual orientation, or any other consideration made unlawful by federal, state, or local laws. It also includes a perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. All such discrimination is unlawful.
The Company is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in the operations of the Company and prohibits unlawful discrimination by any employee of the Company, including supervisors and co-workers.
If you believe you have been subjected to any form of unlawful discrimination, submit a written complaint to your supervisor, to any members of the CEO cabinet or the CEO. Your complaint should be specific and should include the names of the individuals involved and the names of any witnesses. The Company will immediately undertake an effective, thorough, and objective investigation and attempt to resolve the situation.
If the Company determines that unlawful discrimination has occurred, effective remedial action will be taken commensurate with the severity of the offense. Appropriate action also will be taken to deter any future discrimination. The Company will not retaliate against you for filing a complaint and will not knowingly permit retaliation by management employees or your coworkers.
Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) is a federal law governing overtime, minimum wage, and child labor. SF Supermarket strives to maintain full compliance with legally required policies of the FLSA.
SF SupermarketExhibit 50, p. 18 page 18 CA Cuc Le Bates No. 02423 SFSUPER000070 Americans with Disability Act (ADA)
SF Supermarket prohibits discriminating against a qualified individual with a disability. This includes, but is not limited to, discrimination with respect to application, hiring, promotion, discharge, compensation, benefits, training, and all other aspects of employment. The Company’s management shall be ultimately responsible to manage this policy. “Disability” means a physical or mental impairment that substantially limits one or more of the major life activities of an individual. A qualified person with disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or for which s/he has applied.
All employment practices and activities are conducted on a non-discriminatory basis. All employment decisions are based on the merits of the situation, not the disability of the individual.
Reasonable Accommodation
Pursuant to the California Fair Employment and Housing Act, it is Company policy to meet at any time with qualified individuals who request to discuss reasonable work accommodations they may need to engage in good faith interactive discussions to determine effective reasonable accommodations."
The Company seeks to reasonably accommodate qualified individuals with disabilities. Such reasonable accommodation may take the form of making existing facilities more readily accessible to or usable by individuals with a disability, restructuring jobs, modifying schedules, acquiring or modifying equipment, adjusting training materials, etc. Generally, such reasonable accommodating will be made unless it creates an undue hardship for the Company.
Company also reserves its right to require an employee to undergo a fitness for duty medical examination, at the expense of the Company, if it is believed or suspected that the employee may not be able to perform the essential duties of the job (with or without reasonable accommodation) without risk or harm to self or others.
In such an instance, the Company will so advise the employee, in writing, of the need for the examination. Depending on the situation, the Company reserves the right to suspend employment pending the result of the examination.
Unlawful Harassment
The Company is committed to providing a work environment free of unlawful harassment. Company policy prohibits sexual harassment and harassment based on pregnancy, childbirth or related medical conditions, race, religious creed, color, national origin or ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation, or any other basis protected by federal, state, or local law or ordinance or regulation. All such harassment is unlawful. The Company’s anti-harassment policy applies to all persons involved in the operation of the Company and prohibits unlawful harassment by any employee of the Company, including supervisors and co-workers. It also prohibits unlawful harassment based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics.
Prohibited unlawful harassment includes, but is not limited to, the following behavior:
SF SupermarketExhibit 50, p. 19 page 19 CA Cuc Le Bates No. 02424 SFSUPER000071 • Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations, or comments;
• Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings, or gestures;
• Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race, or any other protected basis;
• Threats and demands to submit to sexual requests as a condition of continued employment, or to avoid some other loss, and offers of employment benefits in return for sexual favors; and • Retaliation for reporting or threatening to report harassment.
Employee Responsibilities
All employees are responsible for assuring a workplace free of harassment and unprofessional behavior. No one in the Company is exempt for this policy. Toward that end, the following are guidelines employees should follow:
• Learn what harassment and discrimination and unprofessional conduct are. Recognize the seriousness of the problem.
• Consider your actions. Are you doing things that could be considered harassment or discrimination or unprofessional?
• Should you feel that you are being subjected to or have witnessed harassment or discrimination of any nature, you are encouraged to firmly and promptly notify the offender that his/her behavior is unwelcome. The Company recognizes that it may be difficult to initiate such a confrontation. If informal, direct communication is either ineffective or overly difficult, then the employee who is subjected to or aware of harassment or discrimination should report the incident immediately as described below.
• In any event, and as explained in more detail below, you should report all incidents of actual or perceived harassment or discrimination you either experience or witness.
• Do not retaliate against individuals who report harassment or discrimination or who participate in any investigation into such matters. Retaliation is a violation of Company policy and will not be tolerated.
Reporting Unwanted Behavior
If you believe that you have been unlawfully harassed, submit a written complaint to your direct manager or any other Company supervisor, the executive officers, or the Human Resources Manager of the Company as soon as possible after the incident. Your complaint should include details of the incident or incidents, names of the individuals involved, and names of any witnesses. Supervisors will refer all harassment complaints to the Human Resources Manager, investigative officer, or the executive officers of the Company. The Company will immediately undertake an effective, thorough, and objective investigation of the harassment allegations.
If the Company determines that unlawful harassment has occurred, effective remedial action will be taken in accordance with the circumstances involved. Any employee determined by the Company to be responsible for unlawful harassment will be subject to appropriate disciplinary
SF SupermarketExhibit 50, p. 20 page 20 CA Cuc Le Bates No. 02425 SFSUPER000072 action, up to, and including termination. A Company representative will advise all parties concerned of the results of the investigation. The Company will not retaliate against you for filing a complaint and will not tolerate or permit retaliation by management, employees or co- workers.
The Company encourages all employees to report any incidents of harassment forbidden by this policy immediately so that complaints can be quickly and fairly resolved. You also should be aware that the Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing investigate and prosecute complaints of prohibited harassment in employment. If you think you have been harassed or that you have been retaliated against for resisting or complaining, you may file a complaint with the appropriate agency. The nearest office is listed in the telephone book.
Any employee who engages in objectionable conduct is subject to disciplinary action up to and including termination of employment.
Whistleblower Policy
It is the public policy of the State of Nevada to encourage employees to notify an appropriate government agency when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a state or federal rule or regulation.
Definition of a Whistleblower A “whistleblower” is an employee who discloses information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses:
• A violation of a state or federal statute. • A violation or non-compliance with a state or federal rule or regulation, or • With reference to employee safety or health, unsafe working conditions or work practices in the employee’s employment or place of employment.
By law, SF Supermarket may not make, adopt, or enforce any rule, regulation or policy preventing an employee from being a whistleblower; we do not retaliate against an employee who is a whistleblower. The Company may not refuse to participate in an activity that would result in a violation of a state or federal statute, or violation or non-compliance with a state or federal regulation or rule.
SF SupermarketExhibit 50, p. 21 page 21 CA Cuc Le Bates No. 02426 SFSUPER000073
Immigration Compliance Verification of Work Eligibility Status
SF Supermarket is required by federal immigration laws to verify the identity of all individuals and their legal authorization to work in the United States. All offers of employment and continued employment are conditioned upon furnishing satisfactory evidence of identity and legal authorization to work in the United States.
To comply with applicable immigration laws, including the Immigration Reform and Control Act of 1986 and the Immigration Act of 1990, an employee will be expected to complete the eligibility verification Form I-9 and present documentation verifying identity and legal eligibility to work in the United States within the first three (3) days of employment. Employees may talk to the Human Resources Department for clarification, or review the I-9 form for the List of Acceptable Documents.
Failure to complete the I-9 form within three (3) business days of the date of hire may be cause for suspension or termination of employment. This requirement is an on-going condition of employment, and in certain circumstances, employees may be asked to update these forms to maintain current compliance.
SF SupermarketExhibit 50, p. 22 page 22 CA Cuc Le Bates No. 02427 SFSUPER000074
Employment -at- Will Statement and Other Legal Provisions
SF Supermarket is an employment-at-will employer. Employment is not for a specified term and is at the mutual consent of the employee and the Company.
Although it is customary to provide a two-week notice of resignation, employees may resign their employment at any time, for any reason or no reason, with or without notice to the Company.
Employment at-will may be terminated with or without cause and with or without notice at any time by the employee or the Company. Nothing in this handbook shall limit the right to terminate at-will employment. No manager, supervisor, or employee of the Company has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at-will terms. Only the executive officer of the Company has the authority to make any such agreement, which is binding only if it is in writing and signed by such executive officer.
ADR-Alternative Dispute Resolution
The Company is committed to Alternative Dispute Resolution (ADR) as method of avoiding costly litigation and is also committed to the use of ADR in the conduct of its own affairs. As a condition of accepting employment with the Company, each employee is required to sign an agreement to arbitrate any disputes with the Company.
Integration Clause and the Right to Revise
This employee handbook contains the employment policies and practices of the Company in effect at the time of publication. All previously issued handbooks and any inconsistent policy statements or memoranda are superseded.
The Company reserves the rights to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in this handbook or in any other document, except for the policy of at-will employment. However, any such changes must be in writing and must be signed by the executive officer of the Company.
Any written changes to this handbook will be distributed to all employees so that employees will be aware of the new policies or procedures. No oral statements or representations can in any way alter the provisions of this handbook.
This handbook sets forth the entire agreement between you and the Company as to the duration of employment and the circumstances under which employment may be terminated. Nothing in this employee handbook or in any other personnel document, including benefit plans descriptions, creates or is intended to create a promise or representation of continued employment for any employee.
SF SupermarketExhibit 50, p. 23 page 23 CA Cuc Le Bates No. 02428 SFSUPER000075
Employment Policies and Practices
Access to Facilities
Company facilities should be used for business-related activities only. On your first day of employment, you will sign a receipt for any materials (identification cards, keys, etc.) that give you access into the building. These materials should be returned to the Company on your last day of employment.
Employment Applications
SF Supermarket relies upon the accuracy of information contained in the employment application, as well as accuracy of data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or omissions in any of this information or data may result in the Company’s exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment.
Substance Abuse Testing Policy
All selected candidates receiving an offer of employment from the Company must be willing to submit to and pass a drug and alcohol screening test. All offers of employment are conditioned upon the successful completion of the testing procedure.
Reasonable Suspicion Testing: In cases when an employee’s supervisor or other Company management has reasonable suspicion to believe that the employee possesses or is under the influence of drugs or alcohol and such use may adversely affect the employee’s job performance or the safety of the employee or co-workers, alcohol or drug screening may be ordered.
New Employee/Introductory Period
The first 90 days of continuous employment at the Company is considered an introductory period. During this time you will learn your responsibilities, get acquainted with fellow employees, and determine whether or not you are happy with your job.
Upon completion of the introductory period, the Company will review your performance. If the Company finds your performance satisfactory and decides to continue your employment, it will advise you of any improvements expected from you. At that time, you may express suggestions to improve the Company’s efficiency and operations. Completion of the introductory period does not entitle you to remain employed by the Company for any definite period of time, but rather allows both you and the Company to evaluate whether or not you are right for the position.
SF Supermarket Exhibit 50, p. 24 page 24 CA Cuc Le Bates No. 02429 SFSUPER000076 Change in Personal Information or Status
An employee’s change in personal status affects aspects of his/her employment status. An employee must notify Human Resources department in writing or via-email of any changes in personal status changes include the following: • Name • Address • Telephone number • Name and/or address of persons to be notified in case of emergency
If an employee’s name changes, the employee must legally change his/her name on his/her identification and provide proof of this change to the store manager in order for the Company to change the employee’s name.
Job Duties
During the introductory period (first 90 days), your supervisor will explain your job responsibilities and the performance standards expected of you. Together you and your supervisor will create goals and objectives necessary for you to succeed in your position. It is important that you take a proactive approach and ask as many questions as needed to full understand the manager’s expectation and what steps are necessary to be successful in your position. Be aware that your job responsibilities may change at any time during your employment. From time to time, you may be asked to work on special projects, or to assist with other work necessary or important to the operation of your department or the Company. Your cooperation and assistance in performing such additional work is expected.
The Company reserves the right, at any time, with or without notice, to alter or change job responsibilities, reassign or transfer job positions, or assign additional job responsibilities.
Work Schedules/Work Week
The store manager will assign work schedules to employees. All employees are expected to be at their desks or workstations ready to work at the start of their scheduled shift.
All changes to existing work schedule must have the approval of supervisor and/or senior management. Exchanging work schedules with other employees is discouraged. However, if you need to exchange schedules, notify your supervisor, who may authorize an exchange if possible. Work schedule exchanges will not be approved for the mere convenience of an employee or if the exchange interferes with normal operations or results in excessive overtime.
The workweek begins at 12:01 am Sunday and ends at midnight on Saturday.
Meal Periods
The following is SF Supermarket Non-exempt Employee Meal and Rest Period Policy. Non- Exempt employees are to take all legally required meals and rest periods and to follow procedures outlined in this policy.
You are entitled to take, and the Company will ensure that you have the opportunity to take, an unpaid meal period of at least 30 minutes every time you work more than five hours in a day. You are entitled to take, and the Company will ensure that you have the opportunity to take, subsequent unpaid meal periods of at least 30 minutes every time that you work more than five hours after the completion of an earlier meal period.
SF SupermarketExhibit 50, p. 25 page 25 CA Cuc Le Bates No. 02430 SFSUPER000077
• A meal period must consist of at least 30 uninterrupted minutes. If regular work schedule provides for a longer meal period (for example, 60 minutes) you must obtain approval of your supervisor/manager to shorten it to a period that last at least 30 minutes.
• You may begin, and the Company will ensure that you have the opportunity to begin, your meal period by the end of any five-hour work period.
• You may forego your meal period if you work six or fewer hours in a work day provided you and your supervisor/manager mutually consent in writing to a wavier of that specific meal period.
• You may forego your second meal period provided (a) you did not waive your first meal period, (b) you will not work more than 12 hours that day, and (c) you and your supervisor/manager mutually consent in writing to a waiver of that specific meal period.
• If you feel that you were not provided any meal period that you wanted to take under this policy, you must promptly report the situation to the Human Resources department so the Company can promptly investigate and rectify the situation.
• Meal periods are unpaid time. You must accurately record your meal periods everyday. The Company will pay you for all time you work.
Rest Periods
Non-exempt employees who work at least 3.5 hours a day are authorized and permitted to take a rest period for every four hours of work or major portion thereof. Each rest period must consist of no less than ten [10] consecutive minutes during every four- hour period. “This is a “net” 10-minute period. In other words, the 10-minute rest period does not begin until the employee reaches an area away from the workstation appropriate for rest.
• Rest periods should be taken in the middle of each four-hour work insofar as is it practical.
• Rest periods are paid and are therefore considered working time. As a result, employees may be required to remain on the Company’s premises during these periods.
• It is your responsibility to take rest periods in accordance with this policy. If you cannot take at least 10-minute rest period during any four-hour work period, you must notify your supervisor or manager during your work period.
Employment Categories
It is the intent of the Company to clarify the definitions of employment classifications so those employees understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time. Accordingly, the right to terminate the employment relationship at-will at any time is retained by both the employee and SF Supermarket.
Each employee is designated as either NONEXEMPT or EXEMPT based on federal and state wage and hour laws.
SF Supermarket Exhibit 50, p. 26 page 26 CA Cuc Le Bates No. 02431 SFSUPER000078 • NONEXEMPT employees are entitled to overtime pay under the specific provisions of federal and state laws. • EXEMPT employees are excluded from specific provisions of federal and state wage and hour laws.
An employee’s EXEMPT or NONEXEMPT classification may be changed only upon written notification and review by Human Resources and Executive Management. NONEXEMPT and EXEMPT classifications are determined by the job functions and responsibilities.
In addition to the above categories, each employee will belong to one other employment category:
1. Regular Employees- Regular employees are those who are hired to work on a regular schedule. Regular employees may be classified as full-time or part-time.
a. Full-time Employees- Regular full-time employees are those who are scheduled for and do work 40 hours per week. Following the completion of the 90-day introductory period, regular full-time employees are eligible for most employee benefits described in this handbook.
b. Part-time –non-benefited: Employees who work less than 30 hours and do not have a consistent regular scheduled time to work and who do not receive benefits.
2. Temporary Employees- Temporary employees are those employed for short-term assignments. Short-term assignments generally are periods of three months or fewer; however, such assignments may be extended. Temporary employees are not eligible for employee benefits except those mandated by applicable law.
3. Contract workers: Contract Employees are typically also temporary employees.
. Timekeeping Requirements
All exempt and non-exempt employees are required to use a time sheets to record time worked for payroll purposes. Employees must record their own time at the start and end of each work period, including before and after the lunch break. Please be ready to work on time at the starting hour.
Employees must record their time whenever they leave the building for any reason other than Company business. Any changes on the time sheets must be initialed by your supervisor. Scanning/recording another employee’s time sheets and/or allowing another employee to scan/ record your timecard, or altering a time sheets is not permissible and is subject to disciplinary action or immediate termination. Any errors on your time sheets should be reported immediately to your supervisor.
Payment of Wages
• All Company employees are paid by check or automatic deposit biweekly, one week in arrears. Checks or deposit records are distributed individually to employees. Employees who are absent may pick up their paycheck from the Payroll office, or may arrange to have the check mailed to their home address. For safety and convenience, employees are encouraged to use automatic deposit to their bank or credit union account.
SF SupermarketExhibit 50, p. 27 page 27 CA Cuc Le Bates No. 02432 SFSUPER000079 • All over-time hours are pre-approved and wages for non-exempt are paid along with employee’s base pay and distributed on the scheduled pay periods.
Overtime Policy for Non-Exempt Employees
Employees may be required to work overtime as necessary. Only actual hours worked in a given workday or workweek can apply in calculating overtime. The Company will attempt to distribute overtime evenly and accommodate individual schedules. All overtime work must be previously authorized by a supervisor. The Company provides compensation for all overtime hours worked by non-exempt employees in accordance with state and federal law as follows:
• All hours worked in excess of 8 hours in one workday or 40 hours in one workweek will be treated as overtime. A workday begins at 12:01 a.m. and ends at midnight 24 hours later. Workweeks begin each Sunday at 12:01 a.m. • Compensation for hours in excess of 40 for the workweek, or in excess of eight and not more than 12 for the workday, and for the first eight hours on the seventh consecutive day of work in one workweek, shall be paid at a rate of one and one-half times the employee’s regular rate of pay; • Compensation for hours in excess of 12 in one workday and in excess of eight on the seventh consecutive workday in a workweek shall be paid at double the regular rate of pay; and • Exempt employees may have to work hours beyond their normal schedule as work demands require. No overtime compensation will be paid to exempt employees.
Personnel Records
Human Resources maintains and provides access to personnel files and records in accordance with applicable law. You have the right to inspect certain documents in your personnel file, as provided by law, in the presence of the Human Resources Manager at a mutually convenient time. No copies of documents in your file may be made, with the exception of documents that you have previously signed.
The Company will restrict disclosure of your personnel file to authorized individuals within the Company. Any request for information contained in personnel files must be directed to the Human Resources Coordinator. Only the Human Resources Department is authorized to release information about current or former employees. Disclosure of personnel information to outside sources will be limited.
However, the Company will cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required. Employees are responsible for making needed changes to their personal information by updating their employee profile with The Human Resources Department.
Employee References
All requests for references must be directed to the store manager or other person designated by the Company. No other manager, supervisor, oremployee is authorized to release references for current or former employees. By policy, the Company discloses only the dates of employment and the title of the last position held of former employees. If you authorize the disclosure in writing, the Company also will inform prospective employers of the amount of salary or wage you last earned.
SF Supermarket Exhibit 50, p. 28 page 28 CA Cuc Le Bates No. 02433 SFSUPER000080 Reductions in Force
Under some circumstances, the Company may need to restructure or reduce its workforce. If restructuring our operations or reducing the number of employees becomes necessary, the Company will attempt to provide advance notice, if possible, to help prepare affected individuals. If possible, employees subject to layoff will be informed of the nature of the layoff and the foreseeable duration of the layoff, whether short-term or indefinite.
In determining which employees will be subject to layoff, the Company will take into account, among other things, operational requirements, skill, productivity, ability, and past performance of those involved, and also, when feasible, the employee’s length of service.
Involuntary Termination and Progressive Discipline
Violation of Company policies and rules may warrant disciplinary action. The Company has established a system of progressive discipline that includes verbal warnings, written warnings, and suspension. The Company may, inits sole discretion, utilize whatever form of discipline is deemed appropriate under the circumstances, up to, and including, termination of employment. The Company’s policy of progressive discipline in no way limits or alters the at-will employment relationship.
Voluntary Termination
Voluntary termination results when an employee voluntarily resigns his or her employment, or fails to report to work for three consecutively scheduled workdays without notice to, or approval by, his or her supervisor.
Although advance notice is not required, the Company requests a professional courtesy notice of at least two weeks written resignation notice for all employees. Prior to an employee’s departure, an exit interview will be scheduled to discuss the reasons for resignation and the effect of the resignation on benefits. All Company-owned property, including without limitation, computers, vehicles, keys, uniforms, identification badges, and credit cards, must be returned immediately upon termination of employment.
SF Supermarket Exhibit 50, p. 29 page 29 CA Cuc Le Bates No. 02434 SFSUPER000081
Standards of Conduct
Prohibited Conduct
The following conduct is prohibited and will not be tolerated by the Company. This list of prohibited conduct is illustrative only; other types of conduct that threaten security, personal safety, employee welfare and the Company’s operations also may be prohibited. • Falsifying employment records, employment information, or other Company records;
• Recording the work time of another employee or allowing any other employee to record your work time, or falsifying any time card, either your own or another employee’s;
• Theft and deliberate or careless damage or destruction of any Company property, or the property of any employee or customer; • Removing or borrowing Company property without prior authorization; • Unauthorized use of Company equipment, time, materials, or facilities; • Provoking a fight or fighting during working hours or on Company property; • Participating in horseplay or practical jokes on Company time or on Company premises; • Carrying firearms or any other dangerous weapons on Company premises at any time; • Engaging in criminal conduct whether or not related to job performance;
• Causing, creating, or participating in a disruption of any kind during working hours on Company property;
• Insubordination, including but not limited to failure or refusal to obey the orders or instructions of a supervisor or member of management, or the use of abusive or threatening language toward a supervisor or member of management; • Using abusive language at any time on Company premises; • Failing to notify a supervisor when unable to report to work; • Unreported absence of three consecutive scheduled workdays; • Failing to obtain permission to leave work for any reason during normal working hours; • Failing to observe working schedules, including rest and lunch periods; • Failing to provide a physician’s certificate when requested or required to do so; • Sleeping or malingering on the job;
• Making or accepting personal telephone calls of more than three minutes in duration during working hours, except in cases of emergency; • Working overtime without authorization or refusing to work assigned overtime; • Wearing disturbing, unprofessional or inappropriate styles of dress or hair while working; • Violating any safety, health, security or Company policy, rule, or procedure; • Committing a fraudulent act or a breach of trust under any circumstances; and
SF SupermarketExhibit 50, p. 30 page 30 CA Cuc Le Bates No. 02435 SFSUPER000082 • Committing of or involvement in any act of unlawful harassment of another individual.
• Unauthorized used of Company letterhead or any other stationery products and promotional materials.
This statement of prohibited conduct does not alter the Company’s policy of at-will employment. Either you or the Company remains free to terminate the employment relationship at any time, with or without reason or advance notice.
All employees are responsible for reporting acts or threats of acts of violence to their supervisor or store manager. SF Supermarket is committed to maintaining a safe work environment free of all forms of violence, including verbal and physical threats, intimidation, abusive behavior, and harassment.
Reporting Procedures
Any situation recognized as potentially dangerous must be reported immediately to your supervisor, Human Resources or the CEO. Every employee has an obligation to report conduct in the workplace that is reasonably believed to be suspicious or dangerous, regardless of the alleged offender’s identity or position.
Restraining Orders
All individuals working on Company premises who apply for or obtain a temporary or permanent protective or restraining order that encompasses Company premises must present copies of any petition or declaration seeking such order, proof of service, and a signed court order to their supervisor and Human Resources Department.
The Safety of Reporting Employees
Employee reports made pursuant to this policy will be handled discreetly, and the safety of the reporting party and others will be given priority. Every reasonable effort will be made to provide safe work place. The Company will not condone any form of retaliation against any employee for making a good faith report under this policy
Enforcement
Any employee determined to have committed acts prohibited by this policy may be subject to disciplinary action, up to and including immediate termination. If warranted, individuals who engage in acts prohibited by this policy may be reported to law enforcement authorities for possible prosecution.
The Company reserves the right to remove any person from its premises if that person’s behavior is perceived to threaten the safety of its employees or others, and any person removed from the premises shall remain off the premises pending the outcome of the Company’s investigation.
Off-duty Conduct
While the Company does not seek to interfere with the off-duty and personal conduct of its employees, certain types of off-duty conduct may interfere with the Company’s legitimate business interests. For this reason, employees are expected to conduct their personal affairs in a manner that does not adversely affect the Company’s or their own integrity, reputation or
SF Supermarket Exhibit 50, p. 31 page 31 CA Cuc Le Bates No. 02436 SFSUPER000083 credibility. Illegal or immoral off-duty conduct by an employee that adversely affects the Company’s legitimate business interests or the employee’s ability to perform his or her job will not be tolerated.
Outside Employment
Employees may hold outside jobs as long as they meet the performance standards of their job with SF Supermarket. If the Company determines that an employee’s outside work interferes with performance or the ability to meet the requirements of the Company as they are modified from time to time, the employee may be asked to terminate the outside employment if he or she wished to remain with the Company.
The following types of additional employment elsewhere are strictly prohibited: • Additional employment that conflicts with an employee’s work schedule, duties and responsibilities at our Company;
• Additional employment that creates a conflict of interest or is incompatible with the employee’s position with our Company;
• Additional employment that impairs or has a detrimental effect on the employee’s work performance with our Company;
• Additional employment that requires the employee to conduct work or related activities on the Company’s premises during the employee’s working hours or using our Company’s facilities and/or equipment; and
• Additional employment that directly or indirectly competes with the business or the interests of our Company.
Employees who wish to engage in additional employment that may create a real or apparent conflict of interest must submit a written request to the Company explaining the details of the additional employment. If the additional employment is authorized, the Company assumes no responsibility for it. The Company shall not provide workers’ compensation coverage or any other benefit for injuries occurring from or arising out of additional employment. Authorization to engage in additional employment can be revoked at any time.
Drug and Alcohol Abuse
The Company is concerned about the use of alcohol, illegal drugs, or controlled substances as it affects the workplace. Use of these substances, whether on or off the job can detract from an employee’s work performance, efficiency, safety, and health, and therefore seriously impair the employee’s value to the Company. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees and exposes the Company to the risks of property loss or damage, or injury to other persons.
Furthermore, the use of prescription drugs and/or over-the-counter drugs also may affect an employee’s job performance and may seriously impair the employee’s value to the Company.
The following rules and standards of conduct apply to all employees either on Company property or during the workday (including meals and rest periods). Behavior that violates Company policy includes: • Possession or use of an illegal or controlled substance, or being under the influence of
SF SupermarketExhibit 50, p. 32 page 32 CA Cuc Le Bates No. 02437 SFSUPER000084 an illegal or controlled substance while on the job;
• Driving a Company vehicle while under the influence of alcohol or an illegal or controlled substance; and • Distribution, sale, or purchase of an illegal or controlled substance while on the job.
Violation of these rules and standards of conduct will not be tolerated. The Company also may bring the matter to the attention of appropriate law enforcement authorities.
In order to enforce this policy, the Company reserves the right to conduct searches of Company property or employees and/or their personal property, and to implement other measures necessary to deter and detect abuse of this policy.
An employee’s conviction on a charge of illegal sale or possession of any controlled substance while off Company property will not be tolerated because such conduct, even though off duty, reflects adversely on the Company. In addition, the Company must keep people who sell or possess controlled substances off the Company's premises in order to keep the controlled substances themselves off the premises.
Any employee who is using prescription or over-the-counter drugs that may impair the employee’s ability to safely perform the job, or affect the safety or well being of others, must notify a supervisor of such use immediately before starting or resuming work.
Punctuality and Attendance
To be successful, our Company requires the active contribution of all employees. Accordingly, attendance is essential for all positions with SF Supermarket.
You are expected to: • be ready to work each scheduled workday at the assigned time and place, • remain on duty during scheduled work hours (except for authorized breaks), and • report hours worked and leave taken.
If you are not going to meet your scheduled shift time or will be absent or can't report at your assigned time, you must do the following:
Contact the store manager. Employee must first call their store manager directly. If voice mail is accessed they must leave time, date of the call, reason for tardiness/absence any contact information in the event the manager needs to talk to them regarding any business matters.
The following are examples of violations of this policy, which may result in discipline, up to and including termination: • Excessive Tardiness; • Reporting to work unfit for duty; • Repeatedly failing to notify the manager and HR about tardiness/absences. • Failing to remain on duty during your shift; • Unauthorized or unjustified absences; • Excessive absences.
As an employee of the Company, you are expected to be punctual and regular in attendance.
SF Supermarket Exhibit 50, p. 33 page 33 CA Cuc Le Bates No. 02438 SFSUPER000085 Any tardiness or absence causes problems for your fellow employees and your supervisor. When you are absent, your assigned work must be performed by others.
Employees are expected to report to work as scheduled, on time, and prepared to start work. Employees also are expected to remain at work for their entire work schedule, except for meal periods or when required to leave on authorized Company business. Late arrival, early departure, or other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided.
If you are unable to report to work on any particular day, you must under all but the most extenuating circumstances call your first supervisor and if you cannot reach your supervisor you may contact Human Resources Department. This must be done at least one hour before the time you are scheduled to begin working for that day. If you call less than one hour before your scheduled time to begin work and do not arrive in time for your assigned shift, you will be considered tardy for that day. In all cases of absence or tardiness, employees must provide their supervisor with an honest reason or explanation. Employees also must inform their supervisor of the expected duration of any absence. Excessive absenteeism or tardiness, whether excused or not, will not be tolerated. This Company defines excessive absenteeism as more than 3 days absence in a month period and excessive tardiness as more than 3 incidents of tardiness in a month period.
If you fail to report for work without any notification to your supervisor or Human Resources Department and your absence continues for a period of three days, the Company will consider that you have abandoned your employment.
Dress Code and Other Personal Standards
In representing SF Supermarket employees are expected to maintain proper hygiene and to dress appropriately for the type of work they do. Location, working conditions, hours worked, contact with customers, and meetings with outside business associates are some of the considerations that should govern an individual's dress. Avoid clothing that can create a safety hazard. Store managers may issue more specific guidelines.
Clothing that reveals too much cleavage, your back, your chest; your feet, your stomach or your underwear is not appropriate for a place of business, even in a business casual setting.
Even in a business casual work environment, clothing should be pressed and never wrinkled. Torn, dirty, or frayed clothing is unacceptable. All seams must be finished. Any clothing that has words, terms, or pictures that may be offensive to other employees is unacceptable. Sports team, university, and fashion brand names on clothing are generally acceptable.
Tattoos and Body Art
SF Supermarket wants to always project a professional image. Our intent is not to draw undue attention to members of our employees who already have tattoos or brands or multiple visible body piercing.
Body art that can be considered offensive must be covered at all times.
SF SupermarketExhibit 50, p. 34 page 34 CA Cuc Le Bates No. 02439 SFSUPER000086 Safety Clothing
Employees required to wear safety equipment or SF Supermarket uniforms or special clothing still must do so as business casual. Store managers may issue more specific guidelines concerning any exceptions to this policy.
Customer Relations
Employees are expected to be polite, courteous, prompt and attentive to every customer. When an employee encounters an uncomfortable situation that he or she does not feel capable or handling, the supervisor should be called immediately.
Business Conduct and Ethics
No employee may accept a gift or gratuity from any clients, vendors, suppliers, or other person doing business with the Company because doing so may give the appearance of influencing business decisions, transactions or service. Please discuss expenses paid by such persons for business meals or trips with the Company in advance.
SF SupermarketExhibit 50, p. 35 page 35 CA Cuc Le Bates No. 02440 SFSUPER000087
Operational Considerations
Employer Property
Lockers, computers, vehicles, telephones and other business equipment are Company property and must be maintained according to Company rules and regulations. They must be kept clean and are to be used only for work-related purposes. The Company reserves the right to inspect all Company property to ensure compliance with its rules and regulations, without notice to the employee and at any time, not necessarily in the employee’s presence.
Company voice mail and/or electronic mail (e-mail) are to be used for business purposes only. The Company reserves the right to monitor voice mail messages and e-mail messages to ensure compliance with this rule, without notice to the employee and at any time, not necessarily in the employee’s presence.
No personal locks may be used on Company-provided lockers unless the employee furnishes a copy of the key or the combination to the lock. Unauthorized use of a personal lock by an employee may result in losing the right to use a Company locker.
The Company may periodically need to assign and/or change “passwords” and personal codes for voice mail, e-mail, and/or computer. These communication technologies and related storage media and databases are to be used only for Company business and they remain the property of the Company. The Company reserves the right to keep a record of all passwords and codes used and/or may be able to override any such password system.
Prior authorization must be obtained before any Company property may be removed from the premises.
For security reasons, employees should not leave personal belongings of value in the workplace. Personal items are subject to inspection and search, with or without notice, with or without the employee’s prior consent.
Terminated employees should remove any personal items at the time they leave the Company. Personal items left in the workplace are subject to disposal if not claimed at the time of an employee’s termination.
Off-duty Use of Facilities
Employees are prohibited from remaining on Company premises or making use of Company facilities while not on duty unless shopping at the store as a customer. Employees are expressly prohibited from using Company facilities, Company property, or Company equipment for personal use.
Employee Property
An employee’s personal property, including but not limited to lockers, packages, purses, and
SF SupermarketExhibit 50, p. 36 page 36 CA Cuc Le Bates No. 02441 SFSUPER000088 backpacks, may be inspected upon reasonable suspicion of unauthorized possession of Company property.
Security/Workplace Violence
Be aware of persons loitering for no apparent reason in parking areas, walkways, entrances and exits, and service areas. Report any suspicious persons or activities to the store manager. Secure your desk or office at the end of the day. When called away from your work area for an extended length of time, do not leave valuable and/or personal articles in or around your workstation that may be accessible. The security of facilities as well as the welfare of our employees depends upon the alertness and sensitivity of every individual to potential security risks. You should immediately notify your supervisor when unknown persons are acting in a suspicious manner in or around the facilities, or when keys, security passes, or identification badges are missing.
Health and Safety
All employees are responsible for their own safety, as well as that of others in the workplace. To help us maintain a safe workplace, everyone must be safety-conscious at all times. All work- related injuries or illnesses are to be reported immediately to the store manager. In compliance with California law, and to promote the concept of a safe workplace, the Company maintains an Injury and Illness Prevention Program. The Injury and Illness Prevention Program is available for review by employees and/or employee representatives in the Human Resources Department.
In compliance with Proposition 65, the Company will inform employees of any known exposure to a chemical known to cause cancer or reproductive toxicity.
Smoking
By law, smoking is not allowed in any enclosed area of the facility or within 20 feet of any entry way to any of the premises. Smoking is allowed in designated locations only.
Housekeeping
All employees are expected to keep their work areas clean and organized. People using common areas such as lunchrooms and restrooms are expected to keep them sanitary. Please clean up after meals and dispose of trash properly.
Parking
Employee vehicles may be parked in designated areas, if space permits. If space is unavailable, employees must park off of the Company property. Employees may not use parking areas specifically designated for customers, vendors, Company vehicles or management vehicles. The Company is not responsible for any loss or damage to employee vehicles or contents while parked on Company property.
Solicitation and Distribution of Literature
In order to ensure efficient operation of the Company’s business and to prevent disruption to employees, no employee shall solicit or promote support for any cause or Company during his or her working time or during the working time of the employee or employees at whom such
SF SupermarketExhibit 50, p. 37 page 37 CA Cuc Le Bates No. 02442 SFSUPER000089 activity is directed.
No employee shall distribute or circulate any written or printed material in work areas at any time, or during his or her working time or during the working time of the employee or employees at whom such activity is directed.
Under no circumstances will non-employees be permitted to solicit or to distribute written material for any purpose on Company property.
Conducting Personal Business
Employees are to conduct only Company business while at work. Employees may not conduct personal business or business for another employer during their scheduled working hours.
Travel/ Business Expenses
It is the policy of this Company to reimburse employees for all necessary business travel and entertainment expenses incurred while conducting Company business. Expenses are to be within the established Company guidelines and will be reimbursed with proper documentation. In order to verify that all Company reimbursements are for legitimate business reasons, employees must provide actual receipts for all reimbursement items, along with the Travel Expense report. Travel expenses are not paid in advance except for airfare charged to department manager’s corporate credit card or with vendor checks, for on-line (internet) air or train ticket purchases, and for conference registrations.
Disability Insurance
Each employee contributes to the State of California to provide disability insurance pursuant to the California Unemployment Insurance Code. Contributions are made through a payroll deduction. Disability insurance is payable when you cannot work because of illness or injury not caused by employment at the Company or when you are entitled to temporary workers' compensation at a rate less than the daily disability benefit amount. Specific rules and regulations governing disability are available from the Human Resources Department.
Paid Family Leave Insurance
The State of California enacted a law that establishes a Paid Family Leave Insurance (PFLI) similar to SDI, which provides up to 6 weeks or benefits for individuals who must take time off to care for a seriously ill Family Member or to bond with a new minor child.
For the purpose of this insurance, “Family Member” is defined as a Child, Parent, Spouse, or Qualified Domestic Partner, and “serious health condition” has the same meaning as under the California Family Rights Act (CFRA) and FMLA.
Employees who receive SDI benefits or unemployment compensation are not eligible for the paid family leave benefit.
Unemployment Compensation
The Company contributes certain amount each year to the California Unemployment Insurance Fund on behalf of its employees.
SF Supermarket Exhibit 50, p. 38 page 38 CA Cuc Le Bates No. 02443 SFSUPER000090 Social Security
Social Security is an important part of every employee's retirement benefit. The Company pays a matching contribution to each employee's Social Security taxes.
Workers' Compensation
At no cost to you, you are protected by the Company’s workers’ compensation insurance policy while employed by the Company. The policy covers you in case of occupational injury or illness. Employees who sustain work-related injuries or illnesses should inform their supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. This will enable an eligible employee to qualify for coverage as quickly as possible. Neither SF Supermarket nor the insurance carrier will be liable for the payment of workers’ compensation benefits for injuries that occur during an employee’s voluntary participation in any off-duty recreational, social, or athletic activity sponsored by the Company.
Leaves Of Absence
The Company recognizes that employees may need time off from work due to a variety of circumstances including health, family or personal issues. The Company may grant leaves of absence (without pay) to employees under certain exceptional circumstances. Request for any leave must be made in writing as far in advance as possible. Employee must communicate with store manager during their leave of absence regarding updates or any status changes including any changes in your anticipated return date.
If your leave expires and you fail to return to work without contacting your supervisor or Human Resources Department, we will assume that you do not plan to return and that you have terminated your employment. Upon return from leave of absence, you will resume all aspects of your employment status that existed prior to the start of your leave.
The following types of leaves are available to eligible employees.
Family Medical Leave Under FMLA SF Supermarket complies with the Family and Medical Leave Act, which allows eligible employees time off for medical reasons.
The function of this policy is to provide employees with a general description of their FMLA rights. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law. If you have any questions, concerns, or disputes with this policy, you must contact [insert name and contact info for appropriate person] in writing.
General Provisions Under this policy, SF Supermarket will grant up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12-month period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy.
Eligibility To qualify to take family or medical leave under this policy, the employee must meet all of the following conditions:
SF SupermarketExhibit 50, p. 39 page 39 CA Cuc Le Bates No. 02444 SFSUPER000091 1) The employee must have worked for the company for 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement, including a collective bargaining agreement, stating the employer’s intention to rehire the employee after the service break. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week.
2) The employee must have worked at least 1,250 hours during the 12-month period immediately before the date when the leave is requested to commence.
3) The employee must work in a worksite where 50 or more employees are employed by the company within 75 miles of that office or worksite. The distance is to be calculated by using available transportation by the most direct route.
Type of Leave Covered To qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasons listed below: 1) The birth of a child and in order to care for that child. 2) The placement of a child for adoption or foster care and to care for the newly placed child. 3) To care for a **spouse, child or parent with a serious health condition (described below). 4) The serious health condition (described below) of the employee. An employee may take leave because of a serious health condition that makes the employee unable to perform the functions of the employee's position.
Amount of Leave An eligible employee can take up to 12 weeks for the FMLA circumstances (1) through (5) above under this policy during any 12-month period. The company will measure the 12- month period as a rolling 12-month period measured backward from the date an employee uses any leave under this policy. Each time an employee takes leave, the company will compute the amount of leave the employee has taken under this policy in the last 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time.
An eligible employee can take up to 26 weeks for the FMLA circumstance (6) above (military caregiver leave) during a single 12-month period. For this military caregiver leave, the company will measure the 12-month period as a rolling 12-month period measured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available.
If a husband and wife both work for the company and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent "in-law") with a serious health condition, the husband and wife may only take a combined total of 12 weeks of leave. If a husband and wife both work for the company and each wishes to take leave to care for a covered injured or ill service member, the husband and wife may only take a combined total of 26 weeks of leave.
SF SupermarketExhibit 50, p. 40 page 40 CA Cuc Le Bates No. 02445 SFSUPER000092 Notification Requirements
Employees must notify their supervisor and/ or department head and Human Resources of their request for a qualified Medical Leave of absence and complete a Leave of Absence Request form as soon as practicable and, if possible, at least thirty [30] days in advance. If the leave is requested in connection with a planned, non -emergency medical treatment, an employee may be requested to reschedule the treatment so as to minimize disruption to his or her department. A Leave of Absence Request from is available form is available from Human Resources.
If an employee seeks to extend a qualified Medical Leave, he or she must contact Human Resources at least [5] working days before the scheduled date of return.
Medical Certification
When an employee requests leave for his or her own serious health condition, he or she must provide medical certification forma qualified health care provider. For foreseeable leaves, employees must provide the required medical certification before the leave begins. When this is not possible, employees must provide the required certification within fifteen [15] calendar days after the Company’s request for certification, unless it is not practical under the circumstances to do so, despite the employee’s good faith efforts. Employees may obtain a medical certification form from Human Resources Department. An employee requesting a qualified Medical Leave is required to submit a written medical certification from a qualified health care provider indicating :[1] a statement that the employee has a serious health condition; [2] the date on which the serous health condition commenced; [3] the probable duration of the condition; [4] a statement that , due to the serous health condition, the employee is unable to perform the essential functions of his or her position; and [5] where medically necessary in the case of intermittent leave or reduced schedule leave, the probable duration of the case of intermittent leave or period of work on a less than full schedule and an estimate of the number and frequency of absences or partial days of work expected.
If an employee is eligible for Medical Leave, but does not qualify for leave under the Family and Medical Leave Act [either because he or she does not meet the eligibility requirements or he or she has exhausted Family Care Leave and/or Medical Leave provided under FMLA], the Company will notify the employee of the medical information he or she needs to provide. The Company may request, for example, information to substantiate that the employee has a qualifying disability under state and federal law and needs a leave of absence, including the employee’s diagnosis, a description of the condition; the nature, severity, and duration of the condition; the activities limited by the condition; the nature and extent of those limitations; the reason the employee needs a leave of absence; and whether there are any accommodations the Company could provide that would allow the employee to return to work.
During the leave [including intermittent leave and reduced work schedule], the Company may require an employee to provide periodic verification from a qualified health care provider attesting to the employee’s continued need for qualified Medical Leave and inability to work. The Company reserves the right to request re-certification of an employee’s need for qualified Medical Leave every thirty [30] days, unless the employee’s minimum cortication period has not yet expired [in which case the Company will wait until such time has expired before requesting an updated certification], the circumstances described by the previous certification have changed significantly, or the Company receives information cast doubt on the continuing validity of the certification [in which cases, the Company may request re-certification more frequently than every thirty [30] days]. The Company may also request re-certification if the employee requests an extension of qualified Medical Leave. Such certification may be required for all qualified Medical Leave, including leave taken intermittently or on a reduced leave schedule.
SF Supermarket Exhibit 50, p. 41 page 41 CA Cuc Le Bates No. 02446 SFSUPER000093
If the Company has reason to doubt the validity of a certification provided by the employee regarding his or her own serious health condition, the employee may be required to obtain, at the Company’s expense, a second opinion form a qualified health care provider the Company selects. If the employee’s qualified health care provider and the qualified health care provider providing the second opinion do no agree, the firm may require a third opinion, at the Company’s expense, performed by a mutual agreeable qualified health care provider who will make a final determination.
Before an employee returns to work, the Company also may require the employee to provide medical certification from a qualified health care provider indicating that the employee is able to return to work and perform all of the essential functions of his or her job, with or without reasonable accommodation. When the Company approves a qualified Medical Leave, it will notify the employee if this requirement applies, and will provide the employee a form for his or her qualified health care provider to complete. Employees are required to submit the form to Human Resource before performing any work.
If any employee fails to provide a required medical certification, or does not submit to a required medical examination, absences may not qualify for Medical Leave and may be considered unexcused [which may result in discipline up to and including termination].
Employees who submit false or misleading information to the Company in connection with a qualified Medical Leave may be disciplined, up to and including termination.
Reinstatement
To the extent applicable laws require, upon submitting the required fitness-for-duty form, an employee’s returning from a qualified Medical Leave under FMLA is entitled to be reinstated to the same or equivalent position. However, an employee will not be entitled to any greater right to reinstatement than if he or she had been employed continuously rather than on leave.
An employee who fails to return to work when the approved leave of absence ends will be considered to have voluntarily resigned, and his or her employment will be terminated.
An employee many not have the same reinstatement rights when returning from a Medical Leave that is not governed by the Family and Medical Leave Act, or similar state law; however, such an employee may be entitled to a reasonable accommodation if they have a qualified disability under the ADA.
Family and Medical Leave – California Addendum (CFRA)
California has enacted several family and medical leave laws, which in some cases provide a greater benefit to employees than the federal Family Medical Leave Act [“FMLA”], which is described in the Employee Handbook under the Company’s family Care Leave and Medical Leave policies. Except where prohibited by state law, leave taken under these state statues will run concurrently with FMLA leave under the Company’s policies. The California statues covered by this policy include the California Family Rights Act [“CFRA”], the Pregnancy Discrimination Act [“PDA”] and the Paid Family Leave Act [“PFL’]. Each of these laws is explained below. Unless otherwise provided in this policy, all the provisions of the Company’s standard Family Care Leave and Medical Leave policies apply, including the definitions of Parent, Spouse, Child, and Serious Health Condition, as well as provisions regarding notice and certification requirements,
SF Supermarket Exhibit 50, p. 42 page 42 CA Cuc Le Bates No. 02447 SFSUPER000094 compensation during leave, benefits, intermittent and reduced schedule leave and reinstatement upon return from leave. Because the state and federal laws regarding leave are complex and can be difficult to understand, employees should consult with Human Resources for clarification or further information on these policies.
Eligibility
Family Care Leave
Except as described below, qualified California employees are entitled to Family Care Leave under CFRA for the same reasons and to the same extent as FMLA leave under the Firm’s U.S. Family Care Leave policy. Most definitions from the Firm’s U.S Family Care Leave policy apply equally under this policy, including the definition of “Serious Health Condition.” Likewise, under CFRA;, the term “Spouse” as used in the Company’s Family care Leave policy, includes a Qualified Domestic Partner, and “Child” includes in the Child of a Qualified Domestic Partner. Employees in California may be eligible for up to twelve [12] weeks of leave under CFRA to care for a family member with a Serious Health Condition or to care for a Child after the birth, adoption foster care placement in any rolling twelve [12] month period measured backwards from the date any leave is used. Leave taken under CFRA will, in most cases, run concurrently with FMLA leave. In order to qualify for CFRA, employees must meet the same eligibility requirements as provided under FMLA. However, while CFRA covers “birth-bonding” [that is, leave taken after the birth, adoption or foster care placement of a Child], it does not apply to leave taken for the actual birth of a Child, or other pregnancy-related Serious Health Conditions. Those conditions are covered under the FMLA and under the PDA respectively as defined separately in the U.S. and California Addendum to the Medical Leave policy Notice and Certification Requirements
Unless otherwise provided in this policy, all notice and certification provisions of the Firm’s U.S. Family Care Leave policy apply to this California Addendum. Intermittent and Reduced Schedule Leave
Under CFRA, a leave taken to care for a Child after the birth, adoption or foster care placement may be taken intermittently or on a reduced schedule. Employees must use leave for this purpose in increments of at least [2] weeks; however, the Company will grant leave of less than two [2] weeks duration on any two [2] occasions. Compensation
Employees who qualify for Family Care Leave in California may apply for paid family leave [“PFL”] insurance benefits through the California employment Development Department [“EDD”. PFL does not entitle employees to additional leave, but rather is an insurance benefit which provides up to six [6] weeks of partial compensation in any rolling twelve [12] month period for employees to care for family member with a Serious Health Condition or to care for a Child after his or her birth, adoption or foster care placement. Employees receive approximately 55% of their weekly wages, to specified wage limit. There is a seven [7] calendar day waiting period before PFL benefits begin.
Employees are not entitled to PFL while also receiving state disability [“SDI”] or Workers’ compensation benefits, nor are they eligible for PFL for any day that another family member is able and available to care for the family member with a Serious Health Condition for the same period that the employees is providing the required care.
SF Supermarket Exhibit 50, p. 43 page 43 CA Cuc Le Bates No. 02448 SFSUPER000095
Eligibility Medical Leave Serious Health Conditions [Non-Pregnancy-Related]
Except as described below, qualified employees are entitled to Medical Leave under CFRA for the same reasons and to the same extent as FMLA leave under the Company Medical Leave policy. Most definitions from . Medical Leave policy apply equally under this policy, including the definition of “Serious Health Condition.” Likewise, under CFRA, the term “Spouse” as used in the Medical Leave policy, includes a Qualified Domestic Partner, and “Child” includes the Child of a Qualified Domestic Partner. Employees in may be eligible for up to twelve (12) weeks of leave under CFRA for their own Serious Health Condition in any rolling twelve (12) month period measured backwards from the date any leave is used. In order to qualify for CFRA, employees must meet the same eligibility requirements as provided under the FMLA policy. CFRA leave generally will run concurrently with FMLA leave. Please note that when an employee takes leave for a pregnancy-related Serious Health Condition, CFRA will not apply. This would be considered Pregnancy Disability Leave (see below). Notice and Certification
Unless otherwise provided in this policy, all notice and certification provisions of the Medical Leave policy apply to this California Addendum. Compensation
As under the Medical Leave policy, leave taken under CFRA is unpaid. However, eligible employees may use any accrued and available accrued days during Medical Leave taken under CFRA. Eligible employees who qualify for the short-term disability program or for Workers’ Compensation may use any available accrued days to gross up their pay during any period of their own illness or injury.
Pregnancy-Related Disabilities
Eligibility
SF Supermarket Exhibit 50, p. 44 page 44 CA Cuc Le Bates No. 02449 SFSUPER000096
Disability on account of pregnancy, childbirth or other related condition is not considered a Serious Health Condition under CRFA and therefore is not covered by CFRA. Nevertheless, all female employees, regardless of their tenure, who are disabled due to a pregnancy-, related condition may be eligible for an unpaid leave of absence not to extend four (4) months under California’s Pregnancy Discrimination Act. Leave under this statue is referred to as Pregnancy Disability Leave (“PDL”). PDL does not count against the twelve (12) weeks of CFRA leave because PDL- related Serious Health Conditions are not covered under CFRA. Accordingly, in addition to PDL, an eligible birth mother may also take up to twelve (12) weeks of leave under CFRA (less any tie already taken under CFRA in the prior twelve (12 month period) for any subsequent qualifying reason, including leave to care for a new Child. For purposes of determining CFRA eligibility for birth bonding leave, the twelve (12) month period during which an employee must have worked 1,250 hours does not begin on the first day of an employee’s CFRA leave. Rather, the twelve (12) month period begins on the first day an employee takes qualifying FMLA or PDL for a birth or pregnancy –related Serious Health Condition. Duration
Eligible employees may take a PDL for a period of time not to exceed four (4) months, if they are disabled due to pregnancy, childbirth, or related medical conditions. If, due to a pregnancy-related Serious Health Condition, a female employee requests, the Firm may transfer her to a less strenuous or hazardous position, with the advice of her physician, and if the transfer can be reasonably accommodated in accordance with applicable laws. Notice Requirements
The provisions stated in the Company’s Medical Leave policy regarding notice and certification also will apply, except that, in order to qualify for PDL. The health care provider’s certification must include the date on which the employee became disabled due to pregnancy; the probable duration of the period or periods of disability; and an explanatory statement that, due to the disability the employee is unable to work at all or is unable to perform any one or more of the essential functions of her position without under risk to herself, the successful completion of her pregnancy, or to co-workers.
Failure to return approved Leave of Absence
Employees who fail to return to work within three (3) business days after the expiration of leave of absence may be considered to have voluntarily quit and their employment may be terminated.
Other Types of Leave/Time Off
There are also other reasons that employees may need time off of work. The Company provides this time off under the circumstances detailed below.
Personal Leave
A personal leave of absence without pay may be granted at the discretion of the Company for up to 30 calendar days. Requests for personal leave should be limited to unusual circumstances requiring an absence of longer than two weeks. Approved personal absences of shorter duration are not normally treated as leaves, but rather as excused absences without pay. Personal leaves are granted at the discretion of your supervisor and
SF SupermarketExhibit 50, p. 45 page 45 CA Cuc Le Bates No. 02450 SFSUPER000097 CEO. If employee has banked PTO time this time must be utilize for the requested personal leave prior to going on an unpaid status.
Military Leave
Employees who wish to serve in the military and take military leave should contact the Human Resources Department for information about their rights before and after such leave. You are entitled to reinstatement upon completion of military service, provided you return or apply for reinstatement within the time allowed by law.
Bereavement Leave
The Company grants leave of absence to employees in the event of the death of the employee’s current spouse, child, parent, legal guardian, brother, sister, grandparent, or grandchild; or mother-, father-, sister-, brother-, son-, or daughter-in-law. An employee with such a death in the family may take up to three (3) consecutive scheduled workdays off with pay with the approval of the Company. The employee’s supervisor and/or the Human Resources Manager may approve additional unpaid time off.
Jury Duty
The Company encourages employees to serve on jury duty when called. Employees who have completed their introductory periods will receive full base pay while serving up to five (5) days of jury duty. You should notify Human Resources and your supervisor of the need for time off for jury duty as soon as a notice or summons from the court is received. If you are required to be on jury duty longer than the paid period, you can elect to use PTO time you might have. You must provide a written verification from the court clerk or written evidence from the court clerk of performance of jury duty. This form or written evidence must be given to the Human Resources Department. You may keep jury pay provided by the court, in addition to any regular pay from the Company to which you are entitled. You are expected to report to work on any day or significant part of the day that you are not required for jury duty, including court holidays not observed by the Company.
Judicial/Witness Duty
Time off to appear as a witness in a judicial proceeding is provided in accordance with state law. If employees have been subpoenaed or otherwise requested to testify as a witness by SF Supermarket they will receive full pay for the entire period of witness duty. Employees will be granted unpaid time off to appear in court as a witness when requested by a party other than the Company.
Employees are free to use available time-off compensation for the period of this absence. The subpoena should be shown to the employee’s supervisor and to Human Resources immediately after it is received. This will allow the Company to accommodate the employee’s absence. The employee is expected to report for work whenever the court schedule permits.
Voting
Time off to vote will be awarded in accordance with applicable law. If you are not able to vote during non-working hours, the employee may take off enough working time to vote. Such time off shall be taken at the beginning or end of the regular working day/shift,
SF Supermarket Exhibit 50, p. 46 page 46 CA Cuc Le Bates No. 02451 SFSUPER000098 whichever allows for more free time, and the time taken off shall be combined with the voting time available outside of working hours. You will be permitted to take up to a maximum of two (2) hours off with pay to vote. All employees must request time off to vote at least two days in advance to his/her supervisor.
School Activities
Employees are encouraged to participate in the school activities of their child(ren). The absence is subject to all of the following conditions:
1. Parents, guardians, or grandparents having custody of one or more children in kindergarten or grades one to 12 may take time off for a school activity; 2. The time off for school activity participation cannot exceed eight hours in any calendar month, or a total of 40 hours each school year; 3. Employees planning to take time off for school visitations must provide as much advance notice as possible to their supervisor; 4. If both parents are employed by the Company, the first employee to request such leave will receive the time off. The other parent will receive the time off only if the leave is approved by his or her supervisor; 5. Employees must use their PTO time in order to receive compensation for this time off; 6. Employees who do not have paid time off available will take the time off without pay; and 7. Employees must provide their supervisor with documentation from the school/ teacher verifying that the employee participated in a school activity on the day of the absence for that purpose. External Employee Education
Some employees may need to attend training programs, seminars, conferences, lectures, meetings, or other outside activities for the benefit of the Company or the individual employees. Attendance at such activities, whether required by the Company or requested by individual employees, requires the written approval of the supervisor. To obtain approval, any employee wishing to attend an activity must submit a written request detailing all relevant information, including date, hours, location, cost, expenses, and the nature, purpose, and justification for attendance. Attendance at any such event is subject to the following policies on reimbursement and compensation.
For attendance at events required or authorized by the Company, customary and reasonable expenses will be reimbursed upon submission of proper receipts. Acceptable expenses generally include registration fees, materials, meals, transportation, and parking. Reimbursement policies regarding these expenses should be discussed with the general manager in advance.
Employee attendance at authorized outside activities will be considered hours worked for non-exempt employees and will be compensated in accordance with normal payroll practices.
This policy does not apply to an employee’s voluntary attendance, outside of normal working hours, at formal or informal education sessions, even if such sessions generally may lead to improved job performance. While the Company generally encourages all employees to improve their knowledge, job skills, and promotional qualifications, such activities do not qualify for reimbursement or compensation under this policy unless prior written approval is obtained as described previously.
SF Supermarket Exhibit 50, p. 47 page 47 CA Cuc Le Bates No. 02452 SFSUPER000099
Volunteer Firefighters
No employee shall be disciplined for taking time off to perform emergency duty as a volunteer firefighter. You are also eligible for unpaid leave required training. If you are an official volunteer firefighter, please alert your supervisor that you may have to take time off for emergency duty. When taking time off for emergency duty, please alert your supervisor before doing so when possible.
Recreational Activities and Programs
The Company or its insurer will not be liable for payment of workers’ compensation benefits for any injury that arises out of an employee’s voluntary participation in any off- duty recreational, social, or athletic activity that is not part of the employee’s work-related duties.
Workers' Compensation
The Company, in accordance with state law, provides insurance coverage for employees in case of work-related injury. The workers’ compensation benefits provided to injured employees may include: • Medical care • Cash benefits, tax free, to replace lost wages; and • Vocational rehabilitation to help qualified injured employees return to suitable employment.
To ensure that you receive any workers’ compensation benefits to which you may be entitled, you will need to: • Immediately report any work-related injury to your supervisor; • Seek medical treatment and follow-up care if required;
• Complete a written Employee's Claim Form (DWC Form 1) and return it to the Human Resources Department; and
• Provide the Company with a certification from your health care provider regarding the need for workers’ compensation disability leave, as well as your eventual ability to return to work from the leave.
Upon submission of a medical certification that an employee is able to return to work after a workers’ compensation leave, the employee under most circumstances will be reinstated to his or her same position held at the time the leave began, or to an equivalent position, if available. An employee returning from a workers’ compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if the employee on workers’ compensation leave would have been laid off had he or she not gone on leave, or if the employee’s position has been eliminated or filled in order to avoid undermining the Company’s ability to operate safely and efficiently during the leave, and no equivalent or comparable positions are available, then the employee would not be entitled to reinstatement.
An employee’s return depends on his or her qualifications for any existing openings. If, after returning from a workers’ compensation disability leave, an employee is unable to perform the
SF SupermarketExhibit 50, p. 48 page 48 CA Cuc Le Bates No. 02453 SFSUPER000100 essential functions of his or her job because of a physical or mental disability, the Company’s obligations to the employee may include reasonable accommodation, as governed by the Americans with Disabilities Act and/or other applicable state law.
Employees who are injured in a work-related incident will be referred for medical treatment for up to 30 days, unless prior to a work-related injury, the Company has received from the employee a written notice that the employee wishes to be treated by his or her own physician. In all cases, employees may seek treatment from their own physician after 30 days, should they so desire.
The law requires the Company to notify the workers’ compensation insurance Company of any concerns of false or fraudulent claims.
Any person who makes or causes to be made any knowingly false or fraudulent material statement or material misrepresentation for the purpose of obtaining or denying workers’ compensation benefits or payments is guilty of a felony. A violation of this law is punishable by imprisonment for one to five years, or by a fine not exceeding $50,000 or double the value of the fraud, whichever is greater, or both. Additional civil penalties may also apply.
Inclement Weather/Natural Disasters
In the event of severe weather or a natural disaster that prevents employees from safely traveling to and from work, the following leave policies will apply:
Inclement weather
Conditions that excuse absence from work include road closure, heavy rain, and severe flooding. If weather conditions prevent you from safely traveling to work, you must notify the program manager by phone, if telephone service is functional, or by any other available means. Employees may be paid for up to two (2) days per year when weather conditions prevent them from reaching the worksite. Absences in excess of two (2) days will be approved by manager and CEO unpaid or will be deducted from accumulated PTO time.
Natural disasters
In the event of a natural disaster such as earthquake, fire, or explosion, the office will be closed if the building is damaged or highways leading to the office are damaged. For instructions on reporting to another location, contact the office immediately, if possible.
Compliance with Laws, Rules and Regulations Federal Law: The Americans with Disabilities Act(ADA)
Service animals are animals that are individually trained to perform tasks for people with disabilities such as guiding people who are blind, alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or performing other special tasks. Service animals are working animals, not pets.
Under the Americans with Disabilities Act (ADA), businesses and organizations that serve the public must allow people with disabilities to bring their service animals into all areas of the facility where customers are normally allowed to go. This federal law applies to all businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals
SF SupermarketExhibit 50, p. 49 page 49 CA Cuc Le Bates No. 02454 SFSUPER000101 and medical offices, theaters, health clubs, parks, and zoos.
x Businesses may ask if an animal is a service animal or ask what tasks the animal has been trained to perform, but cannot require special ID cards for the animal or ask about the person's disability. x A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others. x In these cases, the business should give the person with the disability the option to obtain goods and services without having the animal on the premises. x Businesses that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises. x A business is not required to provide care or food for a service animal or provide a special location for it to relieve itself. x Allergies and fear of animals are generally not valid reasons for denying access or refusing service to people with service animals. x Violators of the ADA can be required to pay money damages and penalties.
SF SupermarketExhibit 50, p. 50 page 50 CA Cuc Le Bates No. 02455 SFSUPER000102 FLOOR MONITORING PROCEDURES
Your store has employees designated to walk customer-access areas on a regular basis to identify, remove, and/or clean up conditions that could lead to a customer slip, trip, or fall. All areas of the store – sales floor, produce, entryway, restrooms, etc. – need to be walked hourly. This document, along with your supervisor’s guidance and direction, serves as your training on floor monitoring. Your consistent floor monitoring will help prevent customer accidents.
Conditions that lead to slips, trips, and falls x Water on the floor (spills, x Single cases left on the x Exposed pallet corners drips, leaking case, sales floor on palletized condensation, mister x Dropped merchandise or merchandise displays overspray, etc.) single product items on x Bunched up rugs or x Liquid spills (soda, blood, the sales floor flipped up rug corners packing juice, etc.) x Empty boxes left on the x Step stools and shopping x Dropped ice sales floor baskets left on the sales x Dropped produce x Low profile displays floor x Dropped coffee beans or (lower than waist high) bulk items x Whenever a hazard is identified, it becomes the duty of the employee to immediately initiate cleanup procedures. If this cannot be accomplished instantaneously and cleaning items are required, block off the area, or ask a coworker for assistance. Do not leave a spill unattended.
Hourly store walks and sweeps x Walk every sales floor aisle, perimeter aisle and perishable department to discover and remove any condition that could lead to a customer accident. x Walk the floor with a broom and dust pan or dust mop to sweep and pick up debris and dropped items. x Check the condition of mats and rugs. Ensure that they are lying flat and not bunching.
Half hour walks and sweeps x Every half hour; the front entry, produce department, self-serve stations and restrooms should be walked to discover and remove any condition that could lead to a customer accident. x Check the condition of mats and rugs. Ensure that they are lying flat and not bunching. x Clean the restroom and replenish paper and soap as needed.
Exhibit 50, p. 51 Cuc Le Bates No. 02456 SFSUPER000103 Cleanup procedures x Respond immediately to spill cleanup requests. x NEVER leave a spill unattended. Flag down or call for help from another employee. If no other help is immediately available, wet floor cones around the spill area. x Clean up small liquid spills with paper towels and wipe the floor completely dry. In this case, no floor cone is needed. x When the cleanup involves larger spills or sticky substances, mark off the area with two yellow “Caution!’ signs. Place the cones at the extreme edges of the spill so customers can avoid the hazard. x Verbally warn customers to be careful to avoid the spill area. x When mopping, use a “dry” mop by thoroughly ringing out the water so the floor surface dries more quickly. x Keep warning signs in place until the area is completely dry.
How to Perform a Safety Inspection Walk
1. Each scheduled hour the assigned associate picks up the PIPE (with the set of exception fobs attached). 2. Touch the ID button next to your name. Note: This must be done every time a person conducts a walk, even if that person conducts several consecutive walks.
3. Proceed to the first location button and touch the PIPE to the button. Note: You will hear a quick beep from the PIPE, indicating the button touch has been recorded. The PIPE will also have a small red light that flashes when the location button is hit.
4. Observe all areas, looking for potential slip/trip/fall hazards: x If no hazards are found: Proceed to the next location button (as designated on the floor map). x When a hazard is found: Secure the area. Touch the appropriate hazard button (“wet” or “all other”) on the exception fobs. Clean up the hazard or call someone to help clean it up. NEVER LEAVE A HAZARD UNATTENDED. After the hazard is cleaned up, touch the “cleaned up” button on the exception fobs.
Note: ALWAYS pick up debris you find during your walk. Log only hazards that require a mop, bucket, or broom.
5. Proceed to each location in numerical order, observing and marking hazards as appropriate.
Exhibit 50, p. 52 Cuc Le Bates No. 02457 SFSUPER000104 6. After reaching the end of the walk, return the PIPE to the location where it will be kept until the next walk is to be performed. Note: It is best to keep the PIPE in a secure area to which customers do
not have access.
Other considerations x Keep work tools such as brooms, mops, buckets, and caution cones clean and in good condition. x Know where the warning signs are kept and return them to their designated storage location after each use. x Report any unsafe conditions or safety hazards that you cannot take care of yourself to your supervisor. x At least once daily walk around the parking lot and circle the outside of the store to identify hazards.
I HAVE READ THIS FLOOR MONITORING PROCEDURE. I UNDERSTAND THE PROCEDURE AND WILL ADHERE TO THE PROCEDURE AS DESCRIBED ABOVE.
______Print Name
______Signature
______Date
Exhibit 50, p. 53 Cuc Le Bates No. 02458 SFSUPER000105
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28 -5- LE V. SF SAN DIEGO INC. Case No.: 37-2019-00019958-CU-PO-CTL Supplemental Declaration of Brad Nakase in Support of Plaintiff Cuc Le’s Motion to Compel Defendant SF San Diego, Inc.’s Production of Surveillance Videos
·1· · · · · ·SUPERIOR COURT OF THE STATE OF CALIFORNIA
·2· · · · · · · · · · FOR THE COUNTY OF SAN DIEGO
·3 · · ·DEPARTMENT 69· · · · · BEFORE HON. KATHERINE BACAL ·4
·5· ·CUC KIM LE,· · · · · · · · · ) · · · · · · · · · · · · · · · · · ) ·6· · · · · · · · ·Plaintiff,· · ·) · · · · · · · · · · · · · · · · · )Case No.: 37-2019-00019958 ·7· · · · · · · · · · · · · · · · )· · · · · CU-PO-CTL · · ·v.· · · · · · · · · · · · · ·) ·8· · · · · · · · · · · · · · · · )Ex Parte · · · · · · · · · · · · · · · · · ) ·9· ·SF SAN DIEGO, INC.,· · · · · ) · · · · · · · · · · · · · · · · · ) 10· · · · · · · · ·Defendant.· · ·) · · ·______) 11
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15· · · · · · · · · · · · · ·MARCH 12, 2020
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25· · · · · · · · · · · GLORIA D. MAZON, C.S.R. 9356
26· · · · · · · · · · · ·OFFICIAL REPORTER PRO TEM
27· · · · · · · · · · · · · 330 WEST BROADWAY
28· · · · · · · · · · · · SAN DIEGO, CALIFORNIA ·1· · · · · · · ·A P P E A R A N C E S:
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·3· ·FOR THE PLAINTIFF:
·4· ·LAW OFFICE OF BRAD NAKASE · · ·By:· Brad Nakase ·5· ·Attorney at Law · · ·2221 Camino Del Rio South, Suite 300 ·6· ·San Diego, CA· 92108 · · ·619.550.1321 ·7· ·Email: [email protected]
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·9· ·FOR THE DEFENDANT:
10· ·BREMER, WHYTE, BROWN & O'MEARA LLP · · ·By:· Scott D. Hoy 11· ·Attorney at Law · · ·501 West Broadway, Suite 1700 12· ·San Diego, CA· 92101 · · ·619.236.0047 13· ·Email: [email protected]
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28 ·1· · · SAN DIEGO SUPERIOR COURT, THURSDAY, MARCH 12, 2020 ·2· · · DEPARTMENT 69· · · · · BEFORE HON. KATHERINE BACAL ·3· · · · · · · · · · · · * * * ·4 ·5· · · · · · ·THE COURT:· All right.· No. 1 on calendar.· Le ·6· ·versus SF San Diego.· I have a request for appointment of ·7· ·court reporter, which I am signing.· The matter is being ·8· ·reported. ·9· · · · · · ·We'll need appearances for the record. 10· · · · · · ·MR. NADASE:· Your Honor, Brad Nakase for 11· ·Plaintiff, Cuc Le. 12· · · · · · ·MR. HOY:· Good morning, your Honor, Scott Hoy 13· ·appearing for Defendant, SF San Diego. 14· · · · · · ·THE COURT:· Good morning. 15· · · · · · ·And for the record, I received this morning and 16· ·have just barely had a chance to review the opposition 17· ·filed by Plaintiff.· But let me tell you where I am. 18· · · · · · ·This, in my mind, is an unnecessary ex parte. 19· ·I understand you believe it's necessary because a motion 20· ·would be set post-trial.· However, I don't see the need 21· ·for the motion at all, and in fact, any order would not 22· ·be the order being sought. 23· · · · · · ·Furthermore, the ex parte itself was improper 24· ·because it did not include a declaration of notice 25· ·pursuant to the rules of Court. 26· · · · · · ·Finally, it included discussions about 27· ·settlement, clearly, improper in my mind, and I don't 28· ·know why that discussion was included.· So, having said ·1· ·all of that, understanding that I'm not considering the ·2· ·opposition because I just received it, I am denying the ·3· ·ex parte request.· I would note, that if you have a ·4· ·proper motion in limine, I'll consider the motion in ·5· ·limine as trial.· If you were deprived of the ability to ·6· ·depose somebody, for example, that might be the basis to ·7· ·preclude that person from testifying at trial.· I'm not ·8· ·telling you that will happen.· I'm just telling you ·9· ·that's the kind of motion in limine that I will look at 10· ·very closely.· Whether somebody need an interpreter or 11· ·not, I am not making a determination this morning.· There 12· ·are certain people who understand a language and yet, 13· ·feel much more comfortable in their native language. I 14· ·don't know that.· All I know, is that apparently a 15· ·Witness requested an interpreter and there was some 16· ·dispute about it.· So at the end of the day, having 17· ·reviewed the ex parte papers not seeing exigent 18· ·circumstances for the request, I am denying the request 19· ·for an order shortening time. 20· · · · · · ·Now, you have the motion set.· I understand 21· ·it's set post-trial.· I'll leave it on calendar if you 22· ·want, or I'll vacate it.· It's up to you. 23· · · · · · ·MR. HOY:· Well, obviously, your Honor, it won't 24· ·do us any good after trial.· And I do understand the 25· ·Court's reasoning. 26· · · · · · ·Would it be possible to bring up the issue of 27· ·the trial date in a different context considering all 28· ·the -- the -- ·1· · · · · · ·THE COURT:· Well, it would be possible in a ·2· ·proper ex parte, which I don't have. ·3· · · · · · ·In other words, I don't have an ex parte ·4· ·properly in front of me seeking a continuance of a trial ·5· ·date.· I know, though, you have a motion for summary ·6· ·judgment on calendar in April.· If you believe that it's ·7· ·going to be successful, and I'm assuming you do, I'm not ·8· ·quite certain why there's any issue anyway. ·9· · · · · · ·MR. HOY:· Well, the issue stems -- well, I 10· ·understand what you're saying -- the issue would stem 11· ·just from preparation.· We cannot predict the future.· We 12· ·do have faith in the summary motion, but we can't predict 13· ·the future.· We just have want to make sure that we have 14· ·everything lined up. 15· · · · · · ·THE COURT:· All right.· So, if you have good 16· ·cause for a trial continuance.· Set an ex parte.· Tell 17· ·the Court what the good cause is, give notice properly to 18· ·opposing Counsel, file a good declaration of notice under 19· ·the Rules of Court, and the Court grants continuances 20· ·unless there is prejudice to the opposing party.· I don't 21· ·have that right now. 22· · · · · · ·MR. HOY:· Okay, your Honor. 23· · · · · · ·THE COURT:· You're free to stipulate, again, 24· ·showing good cause and the Court will take it up.· All 25· ·right. 26· · · · · · ·The ex parte request is denied.· It is denied 27· ·without prejudice to an appropriate in limine motion; not 28· ·certain what that might be, okay?· Thank you. ·1· ·MR. HOY:· Thank you, your Honor. ·2· ·MR. NADASE:· Thank you, your Honor. ·3· ·(Whereupon the Court concluded at 9:51 a.m.) ·4 ·5 ·6 ·7 ·8 ·9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ·1· ·STATE OF CALIFORNIA· )
·2· · · · · · · · · · · · )· · ss.
·3· ·COUNTY OF SAN DIEGO· )
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·5· · · · I, GLORIA D. MAZON, C.S.R. NO. 9356, a
·6· ·certified· shorthand reporter in and for the State
·7· ·of California, do hereby certify; that said hearing
·8· ·was taken before me at the time and place therein
·9· ·stated and was thereafter transcribed into print
10· ·under my direction and supervision; and I hereby
11· ·certify the foregoing hearing is a full, true and
12· ·correct transcript of my shorthand notes so taken.
13· · · · I further certify that I am not of counsel or
14· ·attorney for either of the parties hereto or in any
15· ·way interested in the events of this case and that I
16· ·am not related to either of the parties thereto.
17· ·Witness my hand this, ____12th_____ Day of
18· ·______March______,2020.
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21 · · · · · · · · · · · · ______22· · · · · · · · · · · · ·GLORIA D. MAZON CSR NO. 9356
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