Declaration

Cal. Super. - 6th Dist.May 29, 2018

\DOOflQUl-bUJNr- NNNNNNNNNr-tr-KHr-tr-tr-tr-tr-tr-tr-t OOQONUl-bUJNHOKDOONQUl-bWNHO 180V328984 Santa Clara - Civil Electronically Filed X. Young Lai, #275396 by Superior Court 0f CA, Law Office 0f X. Young Lai county 0f santa Clara: 111 N. Market St. Ste 300 on 4/22/2021 5:34 PM San Jose, CA 951 13 ReVIewed By: S. Vera TEL: (408)228-3995 Case #1 8CV328984 FAX: (866)610-9505 Envelope: 6299687 gagelegal@gmail.com Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA Case N0.: 18CV328984 LIN L1, _ _ DECLARATION 0F COUNSEL IN SUPPORT Plamtlff, 0F PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY vs. ADJUDICATION COLE HAAN LLC, DOES 1-10, DATE; May 6, 2021 TIME: 9:00 a.m. Defendant DEPT; 7 JUDGE: Christopher G. Rudy. Complaint Filed: May 29, 2018 I, X. Young Lai, Declare: 1. I am X. Young Lai, Counsel for Plaintiff in this action. I have personal knowledge 0fthe following facts and am competent to testify thereto. 2. A true and correct copy of the transcript excerpts 0f the deposition of Cindy Gonzalez is attached as Exhibit “1 .” 3. A true and correct copy of the excerpts 0f Defendant’s Further Amended Responses t0 Plaintiff’s Special Interrogatories (set one) is attached as Exhibit “2.” 4. A true and correct copy 0f the excerpts 0f Defendant’s Responses t0 Plaintiff’s Special Interrogatories (set one) is attached as Exhibit “3.” 5. A true and correct copy 0f the excerpts 0f Defendant’s Responses t0 Plaintiff’s Form 1 1 DECLARATION IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S MSJ . Vera \OOOQOU‘I-PUJNH NNNNNNNNNr-IHHt-tr-tr-th-tr-tt-tr-t OONQM4>WNHO©OOQQM#UJNHO Interrogatories (set one) is attached as Exhibit “4.” 6. A photograph produced by Defendant with bates number DEF 0070 is attached as Exhibit “5.” 7. A photograph produced by Defendant with bates number DEF 0071 is attached as Exhibit “6.” 8. A true and correct copy 0f the excerpts 0f Plaintiff’ s Responses t0 Defendant’s Form Interrogatories (set one) is attached as Exhibit “7.” 9. A photograph produced by Plaintiff With bates number Lin-000509 is attached as Exhibit “8.” 10. A photograph produced by Plaintiff with bates number Lin-OOOS 10 is attached as Exhibit “9.” 11. A photograph produced by Plaintiff with bates number Lin-000515 is attached as Exhibit “10.” 12. A photograph produced by Plaintiff with bates number Lin-000511 is attached as Exhibit “1 1 .” 13. A photograph produced by Plaintiff with bates number Lin-000513 is attached as Exhibit “12.” 14. A true and correct copy 0f the transcript excerpts 0f the deposition 0f Pedro Aguilar is attached as Exhibit “13.” 15. A true and correct copy of the transcript excerpts of the deposition of Jessica Yost is attached as Exhibit “14.” Dated: 4/22/2021 By: X. Young Lai, Attorney for Plaintiff '3 1.. DECLARATION IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S MSJ EXHIBIT 1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA LIN LI, Plaintiff, Case No. 18CV328894 COLE HAAN LLC, DOES l-lO Defendants. DEPOSITION OF CINDY GONZALEZ Date: Time: Location: Stenographically Reported By: Wednesday, November 6, 2:32 p.m. Talty Court Reporters 2131 The Alameda, Ste. San Jose, CA 95126 Cambria L. Denlinger CSR #14009 CERTIFIED TRANSCRIPT 2019 D 10 ll 12 13 l4 15 l6 l7 l8 19 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI VS COLE HAAN LLC picture, so do you remember how high is the top shelf? Do you have an estimate of -- lO feet, l5 feet? A. I can't give you an estimate, but I can show you. Q. Sure. Why don't you show me. So at your fingernail? MS. ADAMS: How high do you think that is? 10 feet or higher? THE WITNESS: I'm 5 feet, so if I'm 5' 4", whatever that gap difference is. MS. ADAMS: You're 5' 4"? THE WITNESS: 5' 4". MS. ADAMS: So maybe like a foot-and-a-half taller than you? MR. LAI: So that would be 6 1/2 feet maybe. Ms. ADAMS: Maybe 6 1/2, 7 feet. BY MR. LAI: Q. 7 or 8 feet? A. So that would be the point the shelf started. MS. ADAMS: Can you estimate how high the top of your finger tips would be? THE WITNESS: I'm not good with measurements. If you have a measuring tape, then yes. MS. ADAMS: No, no. I would say, if you're 5' 4", what do you think? Is that another foot and a m TALTY COURT REPORTERS, INC. 22408.244.1900 - www.taltys.com 10 ll 12 13 l4 15 l6 l7 l8 19 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI VS COLE HAAN LLC half? THE WITNESS: It couldn't be more than 7 feet. MR. LAI: Maybe 7 to 8 feet. MS. ADAMS: I would say 6 1/2 to 7. BY MR. LAI: Q. So you mean that's the height of the top shelf; right? A. At the time at which I was working for the company. Q. That would be the height of the top shelf? A. At the time at which I was working for the company, yes. Q. And actually the boxes were stacked -- A. I can't verify that. Q. The shoe boxes were stacked from the top shelf -- A. I can just tell you generally -- (Reporter admonition.) MS. ADAMS: I also want to clarify. You think the top shelf was at 6 1/2 to 7 feet high? THE WITNESS: Correct. BY MR. LAI: Q. Okay. You want to say something? A. That's it. Q. So the shoe boxes were stacked from the top of m TALTY COURT REPORTERS, INC. 23408.244.1900 - www.taltys.com 10 ll 12 13 l4 15 l6 l7 l8 19 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI VS COLE HAAN LLC or not -- THE WITNESS: So to answer that one specifically, I don't know. BY MR. LAI: Q. So you do not remember receiving any training how to stack shoe boxes on the top of shelves; right? A. So that seems like a trick question because it's kind of common sense on how to stack boxes. It doesn't require training on how to lift a box and put it in an empty space. Q. You mean, because that's common sense, you have no training? A. When I was on-boarding, I saw people do it. Employees showed me how to stock boxes. Q. Okay. So tell me how do you -- how did you stack the box on the top of a shelf? A. I don't remember. Q. So do you instruct employees how to stack the shoe box on the top shelf? A. I don't remember. Q. You're the manager. A. At some point I did, but it's been so long that I just don't remember what that process is like. Q. How did you tell them to stack? A. It's been a long time. m TALTY COURT REPORTERS, INC. 49408.244.1900 - www.taltys.com 10 ll 12 13 l4 15 l6 l7 l8 19 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, LIN LI VS COLE HAAN LLC 2019 Q. I mean -- A. This exact one, I don't know. Q. So you received -- A. I received one similar. Q. Did you give it to other employees, the similar safety -- A. The company provided it for the employees. Q. Okay. So generally speaking, where was the ladder located inside of the store? A. Ladders were located out of reach of customers. Q. I mean where was it? A. Random little nooks throughout the store. Q. Okay. So the customer has no access to the ladder? A. No. Q. How about step stools? A. Step stools, they are provided for the employees only. Any company tools were for the employees because that's our job. We use them to assist the customer. Q. How many step stools are used by the store? A. The store generally kept -- there was two really tall ones. There was, like, four little step stools. So full size ladder, two; small ones, four. m TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com 57 10 ll 12 13 l4 15 l6 l7 l8 19 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI VS COLE HAAN LLC point at which the customer has to ask for assistance. BY MR. LAI: Q. Okay. So if a customer asks for -- A. Even if it's within reach, they ask for assistance; that's what we're there for. Q. So what kind of assistance did you provide? A. If they ask for assistance, we grab them whatever they need. Q. Oh, I see. At the time of the accident, where were you working inside of the store? A. I didn't witness the accident. Q. So where were you working in the store? A. I think I was behind the cash wrap when I noticed her -- aftermath of her just sitting down; that's when I noticed her. Q. But did you hear any voices? A. Nothing. Q. Nothing? A. I just noticed something was wrong at the point at which she sat down right after she allegedly said she got hurt. Q. Were there any other employees in that area? MS. ADAMS: Vague as to time and -- BY MR. LAI: Q. At the time of the accident. m TALTY COURT REPORTERS, INC. 61408.244.1900 - www.taltys.com 10 ll 12 13 l4 15 l6 l7 l8 19 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI VS COLE HAAN LLC I can tell you that much, but no. Like I said previously, we followed -- we followed any and every way to make sure that the customers were taken care of. BY MR. LAI: Q. So even if the accident happened. Even if a shoe box fell from the top of a shelf, you still believe there's -- it's perfectly safe. There's no danger of falling boxes; right? MS. ADAMS: Hang on. The question is argumentative, and it also states facts -- it misstates facts and states facts not in evidence in the sense it implies the shoe box spontaneously fell from the shelf. THE WITNESS: You're saying do I still think that it was unsafe even after the box fell on the customer? Shoe boxes do not get touched there unless a ghost picks it up and throws it at someone, or someone is breaking the rules, or is -- I don't know -- a ten-foot tall football or NFL player. It's not possible, so it is safe. It is safe. BY MR. LAI: Q. It is safe? A. It remains safe. Nothing like that had ever happened before. Q. Never happened before? But this accident did happen, so I'm just asking you whether or not you think m TALTY COURT REPORTERS, INC. 110408.244.1 900 - www.taltys.com 10 ll 12 13 l4 15 l6 l7 l8 19 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI VS COLE HAAN LLC any customers could try to reach the top of the shelf? A. No one -- no one was able to reach that. The sign specifically said If you need assistance to ask for it. Therefore, if someone broke the rules -- Q. So you mean that that customer broke the rules and caused the accident? A. I don't know because I wasn't there, but if -- I wasn't there to witness it, but if, in fact, while I wasn't there to witness it, what he said: Two boxes flipped and hit her. Then that is him. That's him. Q. You mean -- A. That's him doing whatever he decided to do. Q. Okay. A. We took our precautionary measures to ensure the safety. Q. So what are those precautionary safety measures you took? A. The sign that was there that said "Please ask for assistance." Q. That's one thing. A. We don't have the ability to physically pull boxes from there unless, like I said, a ghost just -- a box flies off and hits somebody or falls off on its own. Like there's no way -- literally no way for that to happen. m TALTY COURT REPORTERS, INC. 111408.244.1 900 - www.taltys.com 10 ll 12 13 l4 15 l6 l7 l8 19 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI VS COLE HAAN LLC Q. Okay. But your fingernail can reach the top of a shelf; right? MS. ADAMS: Did you say that? THE WITNESS: I said my fingernail can reach to the very top. That's what I said. I didn't say "shelf." I just is said it could reach the top. Q. The top of the shelf; right? A. That still doesn't give me a physical ability to touch a box though. The shelf is a few inches thick. Q. Okay. A. So -- Q. So if someone is taller than you, they can reach the box; right? MS. ADAMS: To an extent it's an incomplete hypothetical, and it calls for speculation. THE WITNESS: Generally speaking -- generally speaking, are -- if they are physically -- because you have to physically be able to be strong enough to do that. Physically be able to be tall enough to do that. So, generally speaking, are there humans out there that have the physical ability to? Possibly; possibly. I haven't met one yet. I guess I'm around a lot of short people, but I haven't experienced that yet. BY MR. LAI: Q. But there are a lot of people taller than m TALTY COURT REPORTERS, INC. 132408.244.1 900 - www.taltys.com 10 ll 12 l3 l4 15 l6 17 l8 l9 2O 21 22 23 24 25 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA ---OOO--- LIN LI, Plaintiff, vs. CASE NO. 18CV328984 COLE HAAN, LLC, DOES l-lO, Defendant. vvvvvvvvvv ZOOM VIDEO COMMUNICATIONS, INC., VIDEO CONFERENCE DEPOSITION OF CINDY GONZALEZ VOLUME II PAGES 138 - 172 Monday, November l6, 2020 SF REPORTERS 631 O'Farrell Street, Suite 2101 San Francisco, California 94109 415-948-8289 Info@sf-reporters.com Reported By: Karla Ellis-Davis Certified Shorthand Reporter No. 12998, RPR SF Reporters (415) 948-8289 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 realistically physically could do. So, I mean, I would -- for sure, I had, like, a male -- like, my male employees that were much stronger than I was that were able to do, like, three shoes and place them in. If four fit, they would do three. But I would always do what my physical ability allowed me. They never gave us limitations on how many you do at a time. But within reason and safety. So that's why I always told them two at a time is a perfect amount at which you stack your boxes in there to make sure that you provide safety to yourself and to anyone that may be around you. To make sure that you don't do -- you don't grab too many at a time. So I always like to make sure that I gave them that option. When I was present, they always did follow that. But you know, there's larger, taller people than me. I'm 5'3". And I had, like, an employee at one time that was like 6'3" and was much more of a giant than me. So his physical capability easily let him grab three boxes of shoes With no problem. Does that make sense? Q. Sure. So -- so where did you get the shoe box from? A. Are you like -- Q. For the shelves. I mean, do you -- SF Reporters (415) 948-8289 164 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 A. So you -- typically you go to the stockroom. You put shoes on like a little rolling cart. Q. Okay. A. And it's like, I don't know, a little three -- like very short, like at my waist, cart. And then you just roll it out on the floor. Kind of like a -- like you roll a food tray out to the floor. Like the old-school lunch ladies. And then you grab the shoe boxes and you put them in the hole of the shelf where they belong. Q. So in the stockroom, are there any high shelves? How tall are the shelves? A. Yeah. So in the stock room, there are high shelves. They're about the same height, about 6 1/2 to 7 feet. Q. So the same height as the shelves in the clearance area, right? A. Yeah. Q. Oh, okay. So -- and were the employees required to use ladders to use -- A. Yes. Q. -- to remove -- A. Yes, they were. Q. Okay. All right. A. And I always -- it was required, as part of our SF Reporters (415) 948-8289 165 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 audit, our audit for the store, which we always scored nearly a hundred percent on, to make sure that we inspected the ladders. That they were in working order and that all of the bottom of the stools of the -- the stools and ladders had the little -- that they were in good working condition. Nothing was wobbly. Nothing was missing. So they were always in perfect condition and safety for operating as well. Q. Okay. So -- so for the high shelves in the clearance area -- so how did you instruct the employees to stock the shoe box? A. Whatever was within physical reach in front of them where they did not have to tiptoe, then they obviously can physically grab it with no problem. It was about the third shelf where it required you to use a ladder. The shelf at which no one could really reach unless you're, like, over 6' tall. And like I said, I only really remember there being like one or two employees that were that tall. But regardless of it, I always -- even if they were that tall and they could reach it, I always instructed them to make sure that they used a ladder. Q. Mm-hmm. A. And made sure that before they climbed the ladder, that it was steady and that the little gauges SF Reporters (415) 948-8289 166 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 were always flat so that the ladder would not wiggle or move. And I always instructed them to make sure that they grabbed onto the sides of the ladder as they were climbing. And, of course, to never -- to never step on the tallest -- the last three steps of the ladder which, you know, when you go to Home Depot or any other store, it says "please do not use this as a stepladder." So they never touched that. They never -- I mean, I would -- it would be no need to get that high. Because going halfway to the ladder was basically enough to get you to reach the boxes on that top shelf. Yeah. Q. Okay. A. So, yeah, that's how I would instruct them to make sure that -- that even if they were tall, to make sure that they grabbed that ladder, even if it was extra work, and make sure they utilized it for stability and just safety. Q. And you mention you had some very tall employees that they did not need the ladder to reach the top of the shelf. Is that -- A. Correct. But like I said, I still instructed them to utilize the ladder for safety and stability. Q. Okay. SF Reporters (415) 948-8289 167 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 A. So even if they -- if they were like, "Oh, I don't need that," I would say, "Yes, you do need it. And you will use it." Q. Oh, I see. But sometimes they still just reach the top shelf and -- A. No, they wouldn't. They wouldn't. Q. Okay. A. No. Q. Okay. A. They listened to my instructions. Yeah. Q. Okay. All right. So let me show you -- okay. Let me share some -- I don't know if it works. So, Cindy, can you see the screen sharing? A. Yes, I can, sir. Q. Oh, thank you. Thank you. Okay. So you see the -- notice the shelf. It's flat, right? A. Yes, sir. Q. And -- A. No, it's not. It has a little rise to it. If you can see my hand, it has like -- I don't know how many degrees. It looks flat, but it has a little incline. Like a tad bit incline. Q. Oh. You cannot notice that -- MS. ADAMS: What shelves are you talking about? Which ones are you talking about? SF Reporters (415) 948-8289 168 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 MR. LAI: The first shelf. MS. ADAMS: Okay. THE WITNESS: Oh, yeah, that one's flat. MR. LAI: Q. That one is flat, right? Yeah. That one -- there's no ledge, right? Yeah. Yeah. No ledge there, yeah. And from the second shelf, there's kind of -- >19??? I don't see anything. Oh, now I see your screen. Okay. Q. Oh, okay. And from the second one, there's -- there's kind of ledge? A. Yes. Q. And there's inclination. So if you take that shoe box out, the shoe box behind will slide back in the front, right? Oh, there is never any shoe boxes behind those. Oh. There's not enough space. Oh okay. A. Q A Q A. Yeah. Q There is slope and there's inclination, right? A Yes, there's a slope. Q Oh, okay. A But the space where the shoe boxes fit in SF Reporters (415) 948-8289 169 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 there -- Q. Mm-hmm. A. -- there's like maybe -- maybe like three inches left behind. So it's like physically impossible to put another shoe box behind it. Q. Oh, oh. Okay. So just one box in that slot, right? A. Yep. Uh-huh. Q. Oh, okay. Okay. And the top of the shelf, it's flat. There is no ledge either, right? A. Correct. Yeah. No ledge. Q. Okay. And there was four boxes upon each other on the top of the shelf, right? A. Yes. Q. Oh, okay. Okay. Okay. Let me show you another -- okay. So by the way -- so how did the employee put the shoe box on the top of the shelf? A. They would grab a ladder -- Q. Mm-hmm. A. -- and put the shoe box away. Q. Okay. So why did you put a shoe box on the top of a shelf instead of putting it in the stockroom? MS. ADAMS: Lacks foundation. I mean, it assumes that she's the one that put it up there. MR. LAI: Oh, okay. I mean, how do you feel SF Reporters (415) 948-8289 170 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 about -- particularly -- no speaking objections. All right? And let her answer. MR. LAI: Q. So why did the employee put the shoe box on the top of the shelf instead of putting -- MS. ADAMS: Same objection. Lacks foundation. MR. LAI: Okay. MS. ADAMS: But answer, Cindy, if you know. THE WITNESS: Well, I'm not understanding his question exactly because he's not referring to a specific box or -- like, I don't know what he's referring to. MS. ADAMS: I think what he's asking you is why do you stack shoe boxes on that top shelf. THE WITNESS: Well, again -- MS. ADAMS: And I think you may have [indiscernible] that last time. THE WITNESS: Yeah. So this was the direct -- yeah. So this was, like she said, definitely that implies that it was me, which at some point I had to clean up that area. But at that exact moment, it can't be -- it cannot be pinpointed to me. So, generally speaking -- MR. LAI: Q. Mm-hmm. A. -- the employees put the boxes at the top. Because that's where we -- that's our -- that's SF Reporters (415) 948-8289 171 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 considered the extra stock area. Not supposed to be accessible by customers. Only -- that's why it's for -- assistance -- that's why they need to ask for assistance. Q. Okay. I mean, so why didn't employees just keep shoe box in the stock room? Is that more efficient? Or, I mean, what's the reason you put the shoe box on the top? MS. ADAMS: Lacks foundation. MR. LAI: Sure, sure. MS. ADAMS: And calls for speculation. MR. LAI: Okay. THE WITNESS: I mean, yeah. Like -- could -- okay. MS. ADAMS: Do you know? Do you know why -- THE WITNESS: Yeah. I mean, it was company directive. It was -- it was -- I was instructed to make sure that those shelves were always full. MR. LAI: Q. Oh, okay. A. All the way to the top like that. Q. Okay. A. It was instructions that were given to me by the company, that that's how it needed to look. And all the stores -- not only that store was like that. All the stores. SF Reporters (415) 948-8289 172 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 Q. So all the stores? A. Were directed. Q. Oh, okay. A. Yeah. Q. So when you say you "were directed," do you mean there's a written policy or someone gave you oral instruction or written instruction? A. Yes. The visual department team. Q. Visual department team? A. Yeah. Q. So -- so is there any written instructions? A. In pictures, yes. Q. In pictures? So they send you a picture of how to stock the shoe boxes? A. Yeah. Like way back in the day, it was like, here's an example, like an e-mail form, of how to do that. But I don't -- I never -- when I left, I didn't keep, obviously, any of that. I didn't find any value in it. Q. Oh, okay. A. But, yeah, there was e-mails that were sent. This is an example of how good, neat, clean clearance -- because we called that the Clearance area -- what it needs to look like. Q. Oh, okay. SF Reporters (415) 948-8289 173 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 A. Yeah. Q. So in that e-mail, there's pictures showing that the boxes was -- A. Yes. Q. -- stacked on the top of the shelf, right? A. Yes. Yes. And the instructions were given by the visual department team. I think the lady who is in charge of that, her name is Jill. And then my district manager at the time, which was the executive, like, leader of that direct, which was like ll stores, she's the one who basically would get the instructions from Jill, the visual department lady. Jill would give it to Jessica. And then Jessica trickled it down to us to make sure that we understood. Whenever the visual directive would come through, okay, yeah, that looks like the pictures that were sent from the directives. That looks good. Yeah, that looks good. So like that. Yeah. Okay. Yeah. What were their full names? >OD>IO I'm sorry? Q. Do you know their full names? You mentioned two names. A. Yes. Her name is Jessica Yost. SF Reporters (415) 948-8289 174 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 e-mail you back? A. I don't honestly remember her e-mailing me back. I remember her calling me. Q. Oh. So do you remember the conversation between you and her? A. Honestly, I don't remember. I don't remember. But I do remember asking her, "Is there anything else that you need from me?" Q. Mm-hmm. A. And she said, "No, that is it." Q. Oh, okay. A. "Is there anything else that, you know, anything that I may have, You know, done incorrectly? Or is there anything that I can do better? Is there" -- Q. Mm-hmm. A. -- "any feedback?" And she said, "No, you did everything exactly how you needed to do." So that's -- that's all I remember. But, like, her giving me any other instruction or anything like that, none. Q. Okay. None. No instruction from her. So -- okay. A. No. Q. So before you -- SF Reporters (415) 948-8289 183 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 A Oh -- Q. Okay. A. I think at some point I was asked to -- at some point, but I don't remember when -- Q. Mm-hmm. A. -- I was asked to download the clips of the incident or whatever could be captured of the incident. Q. Okay. A. But because there was no cameras directly pointing in there from all the angles -- I don't remember how many different cameras there were, but there were, like, multiple different angle cameras. Q. Mm-hmm. A. And the only ones that were able to capture from that corner moment I captured from -- from the moment where she -- where you're able to see the lady -- your client. Q. Mm-hmm. A. And then -- and I captured as much as I possibly could of whatever occurred that was physically able to be seen on camera. So I remember getting instructed to e-mail that to someone. I don't remember who I e-mailed it to. Probably Jessica. Q. Mm-hmm. SF Reporters (415) 948-8289 184 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 A. No, I was not instructed to do that. Q. Okay. A. So as far as I knew, I had to maintain the same visual expectations. Q. Oh, I see. A. Does that make sense? Q. Sure, sure. Absolutely. So did you -- after the conversation, did you get any instruction as to safety -- new safety instruction, new safety standard? A. No. Q. Oh, okay. So basically everything just continued as before? MS. ADAMS: Hang on. Misstates testimony and lacks foundation. But go ahead. You can answer the question. THE WITNESS: Oh. So did anything change after that? MR. LAI: Q. Right. A. I mean, no, I wasn't asked to do anything differently. Q. Oh. A. I mean, everything was still clean and organized, as the expectations were. So... But, no, if you're asking if those boxes got SF Reporters (415) 948-8289 188 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 taken down after the incident, they did not, because they were still a part of the visual expectations. Q. Oh, I see. A. So -- but there was -- yeah. So, no. But, you know, there was still a sign that said "Please ask for assistance." So Q. Okay. A. I don't -- yeah. MS. ADAMS: You know, I got to take -- I've got to take like a five-minute break. Because there's some construction going on here and I want to go to a different location. MR. LAI: Sure, sure. Let's take a five-minute break. Come back ten past 10:00. Okay? (A recess was held at 10:05 a.m., after which the proceedings reconvened at 10:12 a.m.) MS. ADAMS: Okay. I want to just make a belated objection to the last line of questioning that it's asking about subsequent remedial measures which are, you know, evidence of such is not admissible. And also that, you know, the questions aren't reasonably calculated to lead to the discovery of admissible evidence. MR. LAI: Okay. So you're asking your client not to the answer the question, right? SF Reporters (415) 948-8289 189 Iwa OKOOOQGU'I 12 l3 14 15 16 l7 18 19 20 21 22 23 24 25 MS. ADAMS: No. I am stating my objection for the record. MR. LAI: Sure. Sure. I understand. MR. LAI: Q. We are back on the record. So, Cindy, so When Jessica call you and -- did you guys ever talk about the safety of the shelves or the danger of falling shoe box? A. No. Q. Okay. A. I don't recall any of the conversation because it was very brief -- Q. Mm-hmm. A. -- as to, like, all I remember of that conversation was -- Q. Mm-hmm. A. -- you know, thank you for submitting it. The -- the document that you just screen shared. Q. Mm-hmm. A. Which was like the incident report. Q. Mm-hmm. A. And I said, "Is there anything else that you need from me?" And she said, "Not at the moment." Like, "That's all." And, "You did everything, you know, you could do." Or, "You did everything right." SF Reporters (415) 948-8289 190 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 Q. Okay. A. And so I was like, "Okay." And then at some point after that, like I said, I was asked to upload video footage. And then that -- that's all I actually remember. That's all I actually remember. Because they -- like, that was my -- that was basically the only requirement of my involvement in that. Everything else, they just took over with whatever stuff I provided. Right? Q. Okay. A. Between the incident report and the video footage, I have nothing else that was -- that was communicated to me. Q. Okay. At that time, you did not believe there was danger of falling shoe box, again, from the top of the Shelf, right? A. Well, I mean, I can't say that I -- that I believed that there was danger. Q. Mm-hmm. A. Because there was still the signs. You know? Q. Oh. A. I did my part to make sure that I went above and beyond to make sure that it was extremely safe by making sure, like I said, everything was clean and organized. The signs were still there that said "Please SF Reporters (415) 948-8289 191 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 Q. A lot? MS. ADAMS: I can kind of read it. Good idea. Good idea. Zoom in, if you can. MR. LAI: Zoom in? Okay. Okay. Let me -- how about that? THE WITNESS: Okay. Scoot it over. Oh, are you -- you're referring to the sign, right? MR. LAI: Right. The sign, yes. So -- okay. If you need -- MS. ADAMS: You've got to scoot it over a little. MR. LAI: Oh, okay. Okay. Can you see it now? Okay. I can see it. So I don't know if you guys can see it or not. MS. ADAMS: Yes. THE WITNESS: Yeah, I can barely read it, but MR. LAI: Read it. THE WITNESS: "If -- if you need assistance, please call one of our associates." MR. LAI: Q. Oh, okay. Right. So that's the sign you were mentioning, right? You were referring to, right? A. Yes. Q. Okay. That's on the top of the shelves, right? SF Reporters (415) 948-8289 194 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 A. Yes. Q. Okay. A. On either side. Q. Oh, on either side. A. That was -- there's a men's side, and then there's a women's side. And both sides -- both sides have that same sign. Q. Oh, okay. A. When I was employed with Cole Haan, they both had that. Q. Oh, okay. So -- so -- so when you worked at Cole Haan, so you expected that the customer saw the sign and when they tried to reach the top shelf, they would call for assistance from the clerk, right? A. I'm sorry? You said that when -- one more time, please? Q. So if a customer went to get a shoe box on the top of the shelf and if they see the sign, you expected them to just call for assistance? A. I would -- I would -- I would -- I mean, I would hope that they read the sign to ask for assistance. Q. Mm-hmm. A. But regardless -- regardless of the sign, we still go up to the customers in that -- in that area and SF Reporters (415) 948-8289 195 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 up there and said, "Hey, like, I can see that you're tall enough to get that." You know, not saying that that's what I would say. But even if I could sort of see where their mind was going, I would say, "Please let me get that for you." Right? Everybody was trained to make sure that they provided that customer service. Q. Okay. So do you remember the customer who dislodged the shoe box and -- the Plaintiff? A. I do. I remember him being very tall. And that's -- that's as much as I really remember about him. Q. Mm-hmm. A. And I remember -- yeah. So I do remember that, right? But there was employees in that area to provide customer service. So Q. So how tall was he? Do you remember? A. I feel like he was like at least 6' tall. At least. Q. Oh, okay. Okay. So when he was trying to get a shoe box on the top, did any employee approach him and -- A. I don't remember that. I don't honestly remember that. Because there's an employee -- I do remember there was, like, I had -- MS. ADAMS: The question lacks foundation. Sorry. My thing was on mute. The question lacks SF Reporters (415) 948-8289 198 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 like there was four rooms. Q. Okay. A. There was like -- it was split by, like, these shelves. Q. Okay. A. And there was the front, the middle, the back, and then the clearance area. So that's about four. Yeah. Q. And in your deposition -- A. Approximately. Q. -- you testified you do not remember whether or not there's an employee in the clearance area. Do you remember that? A. I don't remember. I don't remember. Q. Okay. A. Yeah. Q. All right. All right. So -- okay. So after the incident, you did not put a new sign on the shelves, did you? A. No. Q. Oh, okay. Okay. Looking at the picture, so there's a number, 8. What does that stand for? A. The general order of shoe sizes. Q. Okay. There also is 8.5. A. Mm-hmm. SF Reporters (415) 948-8289 200 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 What are they? What are they? Shoe size -- Shoe size -- -- indicators. 03510350 -- indicators. Oh, okay. So the boxes on the top of the shelves, they are bigger than 8.5, or they're smaller? A. Not always. No, not always. It would either be -- it would either be large sizes -- Q. Mm-hmm. A. -- or top sellers of the same clearance shoe in the shelves. So, like, duplicates of what's already in the shelf. Q. Mm-hmm. A. But, no, not all the sizes would be large. It would be -- it would basically be -- it would change as demand and sell-through would change. So it was always different. Q. Always different. Okay. So if there's -- let's say there's a size l3. Where did you put it? A. So, again, speculating that it's me, but it's not me, right? Q. Mm-hmm. A. So, generally speaking, the employees would put SF Reporters (415) 948-8289 201 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 a l3 in the shelf. Q. Okay. Okay. Hold on. Let me -- let me give you another picture. Okay. Okay. Cindy, can you see the picture? A. Yes, I can. Q. Okay. On that picture, you also see the number ll? A. Uh-huh, yes. Okay. And also 10.5, right? A. Uh-huh. I mean, I don't see the actual number, but I remember -- Q. Okay. A. -- that the first section on the left, on the left, like that divider. Q Mm-hmm. A. Go more to the left. Q Yes. A. So it would go in order. Yeah. There. The smaller sizes. And then in the middle, it got bigger. And then all the way to the right, it got bigger. Q. It got bigger? Okay. A. Yeah. Q. Oh, I see. Okay. So the biggest size would be 12 on the shelves, right? A. No. The biggest -- I mean, size ranges would SF Reporters (415) 948-8289 202 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 go all the way up to a 15. But size 15 was only available online. Q. Oh. A. And we would only carry it if somebody returned it. So in the whole store maybe at a time, there would be, like, three in the store. But, generally, the biggest size we carried, generally, would be a l3. Q. Oh. Generally, it would be a 13. Okay. So basically, the biggest size on the top of the shelves are 13? MS. ADAMS: Wait, wait, wait, wait. Hang on. That misstates the testimony. THE WITNESS: No. Well, the answer is no. Yeah. MR. LAI: Q. Okay. So -- A. The -- remember when I said -- Q. Mm-hmm. A. -- sir, that -- Q. Okay. A. -- the sizes were all different, based on demand. Q. Okay. A. And the sizes would change based on sell-through and popularity. Q. Mm-hmm. SF Reporters (415) 948-8289 203 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 A. So those three factors were always key, in effect. Q. Okay. A. Sell-through, popularity -- Q. Mm-hmm. A. -- and -- sell-through, popularity, demand. And also if the shoe -- usually, also the top -- Q. Mm-hmm. A. -- was extra of what was already in the shelves. So -- Q. Oh, okay. A. -- people usually thought, oh, maybe there's something different up there. When, in reality, it was just a duplicate of What was already in the shelf. So that when we sold what was down below, down below in those bottom shelves -- Q. Mm-hmm. A. -- when we would sell through that, then the employee could generally grab one from that very top shelf and just fill it back into the lower shelves. Q. Oh, I see. A. So that people would generally not need to even be up there. Q. Oh, okay. A. Does that make sense? SF Reporters (415) 948-8289 204 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 Q. Sure, sure. So looking at the picture -- so there's four box on each other. So are they the same size or not? A. No, they are not the same size. Every -- everything in that shelf varied in size. Q. Oh, okay. So, I mean, how -- how did you organize them? Did you put -- I mean, did you put another size in the bottom -- A. It's hard to say, because sometimes it was difficult to keep them. Q. Okay. A. Sometimes it was difficult. Like, generally speaking -- Q. Mm-hmm. A. -- it would sometimes be difficult to keep them in size order. Q. Oh, I see. A. So the priority was always if you did not have time to put it back in size order, just pick up the box neatly to get it out of the way of customers. Q. Mm-hmm. A. As an employee. And put it back where -- and put it back up there. If there was no space in the bottom shelves, then you would put it up there. Q. Oh. SF Reporters (415) 948-8289 205 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 A. But the rule that we went by was, let's just -- let's just get it -- make sure that area is clean, free of debris, free of shoe boxes. And if you don't have time to keep it nicely organized, then that was part of at the end of the day to reorganize the size order. But the priority was just to make sure that it was clean, neat, and the lower shelves to be a hundred percent full at all times. The lower shelves. And then you would take from the top shelves to fill the lower shelves. Does that make sense? Q. Sure, sure. So, basically, you're saying you're doing this for efficiency, right? MS. ADAMS: Hang on. That misstates testimony. That misstates -- THE WITNESS: Okay. Go ahead. MR. LAI: Q. Yeah. Please answer. So do you believe, then, you did this just for -- A. It was -- no. I mean, no. I don't believe I did it for -- or that we did it for efficiency. Q. Oh, okay. A. We did it for demand of product. Q. Mm-hmm. A. So if we had -- if we sold through something and it happened to be up there. SF Reporters (415) 948-8289 206 DON ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 the top of the shelves? A. What? Q. That's a general area. Did you stack -- A. Oh, I didn't understand -- I didn't really -- I couldn't understand your question. Q. I mean, the clearance area, you stack a shoe box on the top of the shelves. And now we are seeing in general area there's some shelves, right? Did you stack any shoe box on the top? A. Oh, up there? No, never. Q. Why? A. Because in our visual documents, it did not ever ask or show that that was something that was acceptable. Q. Okay. So -- so the only area that stacks the shoe box on the top of the shelf, that's in the clearance area, right? A. Yes. Q. How about the stockroom? A. No. Q. Did you ever -- no? A. No, we never -- we never did that. But why is that relevant? Q. Oh, I just wanted to know. Okay. Let me just show you one more picture. SF Reporters (415) 948-8289 255 EXHIBIT 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HEIDI ADAMS, Bar N0. 219498 ARMIJO & GARCIA One California Street, Suite 1150 San Francisco, CA 941 11 (415) 273-6500 (415) 273-6535 Attorneys for Defendant, Cole Haan LLC SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA LIN LI CASE NO. 18CV328984 Plaintiff, DEFENDANT COLE HAAN LLC’S FURTHER VS. AMENDED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE COLE HAAN LLC; DOES 1-10 Defendants. PROPOUNDING PARTY: Plaintiff, Lin Li RESPONDING PARTY: Defendant, Cole Haan, LLC SET NUMBER: ONE TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: Please note that this responding party has not completed its discovery in this action and has not fully completed its preparation for trial. A11 of the responses contained herein are based only 0n the information and documents Which are presently available, and specifically known to this responding party as of the date 0f these responses, and disclo se only those contentions Which presently are apparent to this responding party. It is anticipated that further discovery, investigation, research and analysis could yield additional factual evidence, or change the meaning and theory of the facts and conclusions developed heretofore, all 0fwhich may substantially affect contentions set forth herein. These interrogatory responses are given Without prejudice to responding party's right to 1 DEFENDANT COLE HAAN LLC’S FURTHER AMENDED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE 1O 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 how t0 fill a sales floor. Cindy Gonzalez was the store manager of the Cole Haan store located at 447 Great Mall Drive, Space 546, Milpitas, California at the time 0f the subject incident. Ms. Gonzalez should be contacted through defense counsel only. FOURTH AMENDED RESPONSE TO INTERROGATORY No.28: Responding party objects to the phrase “authorized the method 0f stacking shoe boxes” as vague and ambiguous. Notwithstanding this objection, responding party responds as follows: There are multiple persons Who authorize the method 0f stacking shoe boxes in Cole Haan stores, including but not limited to, store managers who have responsibility t0 train their employees on how t0 fill a sales floor. With respect to the Milpitas store where the alleged incident occurred, the following people would have authorized the method 0f stacking shoe boxes: Cindy Gonzalez (store manager 0f the Milpitas store at the time 0f the subject incident); and Jonathan Jochimsen (Director of Store Operations for the Milpitas store at the time ofthe subject incident). Ms. Gonzalez and Mr. Jochimsen should be contacted through defense counsel only. FIFTH AMENDED RESPONSE TO INTERROGATORY No.28: Responding party objects to the phrase “authorized the method 0f stacking shoe boxes” as vague and ambiguous. Notwithstanding this objection, responding party responds as follows: The products are organized and merchandised per Cole Haan company standards. There are multiple persons Who authorize the method of stacking shoe boxes in a Cole Haan store, including but not limited to, store managers who have responsibility t0 train their employees 0n how t0 fill a sales floor. Cindy Gonzales was the store manager 0f the Cole Haan store located at 447 Great Mall Drive, Space 546, Milpitas, California at the time of the subject incident. Moreover, as Ms. Gonzales testified at her deposition, District Manager Jessica Yost in charge of approving Visual presentation at the Milpitas store, and Jill Rolden fiom the Visual teams department was also responsible for approving the Visual presentation at the Milpitas store. DATED: December 9, 2020 KULUVA, ARMIJO & GARCIAMmd HEIDI ADAMS 8 DEFENDANT COLE HAAN LLC’S FURTHER AMENDED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE 1o 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 Li v. Cole Haan LLC SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 18CV328984 VERIFICATION I, Ann Sapcoe, declare: Ihave read the foregoing DEFENDANT COLE HAAN LLC’S FURTHER AMENDED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE and know the contents thereof. I certify that the same are true ofmy own knowledge, except as to those matters which are therein stated upon my information and belief, and as to those matters I believe them to be true. I declare under the penalty ofpeljury under the laws ofthe State of California that the foregoing is true and correct. Executed 0n 'bfig g mgr £1 , ZOQQat Greenland, New Hampshire. f) By: 7am I 3.:Ahm 'S'épboe” EXHIBIT 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RYAN GILLE, Bar No. 262105 KULUVA, ARMIJO & GARCIA One California Street, Suite 1150 San Francisco, CA 941 11 (415) 273-6500 (415) 273-6535 Attorney for Defendant, Cole Haan, LLC SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA LIN LI CASE NO. 18CV328984 Plaintiff, DEFENDANT COLE HAAN LLC’S vs. RESPONSES TO SPECIAL INTERROGATORIES, SET ONE COLE HAAN LLC; DOES 1-10 Defendants. PROPOUNDING PARTY: Plaintiff, Lin Li RESPONDING PARTY: Defendant, Cole Haan, LLC SET NUMBER: ONE TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: Please note that this responding party has not completed its discovery in this action and has not fully completed its preparation for trial. All of the responses contained herein are based only on the information and documents which are presently available, and specifically known to this responding party as of the date of these responses, and disclose only those contentions which presently are apparent to this reSponding party. It is anticipated that fithher discovery, investigation, research and analysis could yield additional factual evidence, or change the meaning and theory of the facts and conclusions developed heretofore, all of which may substantially affect contentions set forth herein. /// 1 DEFENDANT COLE HAAN LLC’S RESPONSES TO SPECIAL INTERROGATORIES, SET ONE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESPONSE TO INTERROGATORY No.2: Objection. Responding party has not had a reasonable opportunity to conduct discovery regarding Plaintiff’s claims and Plaintiff’s alleged injuries. Notwithstanding this objection, reSponding party responds as follows: Not at this time. SPECIAL INTERROGATORY No.3: If your answer to the previous interrogatory was yes, please state all the facts that support YOUR contention. RESPONSE TO INTERROGATORY No.3: Not applicable. SPECIAL INTERROGATORY No.4: If your answer to the interrogatory no. 2 was yes, please IDENTIFY any DOCUMENTS that support YOUR contention (for purposes of this document demand and all other demands herein, the term "DOCUMENTS" means a writing, as defined in Evidence Code section 250, and includes the original or a copy of written reports, letters, books, telegrams, memoranda, drawings, notes, audio or video tape recordings, photographs, electronic data stored on residing in any computer database, hard drive, digital tape, floppy disc, CD-ROM or other means of storing electronic data, or any other written or graphic material or communication however denominated; the term "IDENTIFY," when used with reference to a document or writing means to: state the date of preparation, author, title (if any), subject matter, number of pages, or some other means of distinguishing the document or writing.) RESPONSE TO INTERROGATORY No.4: Not applicable. SPECIAL INTERROGATORY No.5: Please state, whether YOU transmitted any warning of the danger of falling shoe boxes to PLAINTIFF prior to the INCIDENT. RESPONSE TO INTERROGATORY NO.5: Responding party obj ects to the phrase “transmitted a warning” as vague and ambiguous. 3 DEFENDANT COLE HAAN LLC’S RESPONSES TO SPECIAL INTERROGATORIES, SET ONE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notwithstanding this objection: No. SPECIAL INTERROGATORY No.6: If your answer to the previous interrogatory was yes, please IDENTIFY the PERSON who gave the warning. RESPONSE TO INTERROGATORY NO.6: Not applicable. SPECIAL INTERROGATORY No.7: If your answer to interrogatory number 5 was yes, please set forth the exact words used I the warning. RESPONSE TO INTERROGATORY No.7: Not applicable. SPECIAL INTERROGATORY No.8: If your answer to interrogatory number 5 was yes, please IDENTIFY each PERSON who was a witness to the transmission of any warning. RESPONSE TO INTERROGATORY No.8: Not applicable. SPECIAL INTERROGATORY No.9: If your answer to interrogatory number 5 was yes, please IDENTIFY each DOCUMENT relating to the warning. RESPONSE TO INTERROGATORY No.9: Not applicable. SPECIAL INTERROGATORY No.10: Please state whether any other PERSONS have been injured as a result of a falling shoe box in any Cole Hann Store in the State of California in the past 10 years. RESPONSE TO INTERROGATORY NO.10.: Responding party objects to this interrogatory on the grounds that it is overly broad in time and scope and therefore calls for information that is not relevant and not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding this objection, responding party responds as 4 DEFENDANT COLE HAAN LLC’S RESPONSES T0 SPECIAL INTERROGATORIES, SET ONE 7 1o 1‘1 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 Li v. Cole Haan LLC SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 18CV328984 VERIFICATION I, Ann Sapcoe, declare: I am an authorized agent of Defendant Cole Haan LLC and I am authorized to make this verification for and on its behalf. I have read the foregoing DEFENDANT COLE HAAN LLC’S RESPONSES T0 SPECIAL INTERROGATORIES, SET ONE and know the contents thereof. I am informed and believe that the matters stated therein are true and correct. I declare under the penalty 0f perjury under the laws of the State of California that the foregoing is true and correct. Executed 0n beggm‘mg ya. , 203 at Greenland, New Hampshire. By: %’/ £9? Ann Sapcoe EXHIBIT 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RYAN GILLE, Bar No. 262105 KULUVA, ARMIJO & GARCIA One California Street, Suite 1150 San Francisco, CA 941 11 (41 5) 273-6500 (415) 273-6535 Attorney for Defendant, Cole Haan, LLC SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA LIN LI CASE NO. 18CV328984 Plaintiff, . DEFENDANT COLE HAAN, LLC’S vs. RESPONSES TO FORM INTERROGATORIES, SET ONE COLE HAAN LLC; DOES 1-10 Defendants. PROPOUNDING PARTY: Plaintiff, Lin Li RESPONDING PARTY: Defendant, Cole Haan, LLC SET NUMBER: ONE TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: Please note that this responding party has not completed its discovery in this action and has not fully completed its preparation for trial. A11 of the responses contained herein are based only on the information and documents which are presently available, and specifically known to this responding party as of the date of these responses, and disclose only those contentions which presently are apparent to this responding party. It is anticipated that further discovery, investigation, research and analysis could yield additional factual evidence, or change the meaning and theory of the facts and conclusions developed heretofore, all of which may substantially affect contentions set forth herein. 1 DEFENDANT COLE HAAN LLC’S RESPONSES TO FORM INTERROGATORIES, SET ONE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) the date the photographs, films, or videotapes were taken; (d) the name, ADDRESS, and telephone number of the individual taking the photographs, films, or videotapes; and (e) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the photographs, films, or videotapes. RESPONSE TO FORM INTERROGATORY NO.12.4: Objection. Responding party objects to this interrogatory on the grounds that it requests information protected by the attorney work product privilege. See Nacht & Lewis Architects, Inc. v. Superior Court, (1 996) 47 Cal.App.4th 214; Travelers Insurance Company v. Superior Court, (1 983) 143 Cal.App.3d 436. Notwithstanding these objections, responding party responds as follows: /// (a) (b) (C) (d) (e) (a) (b) (C) (d) (e) (a) (b) (C) (d) (e) 2 photographs shoe boxes stacked October 8, 2017 Cindy Gonzales Cole Haan, LLC 3 stills from a Video the Cole Haan store including the area where the incident occurred October 12, 2017 Cindy Gonzales Cole Haan, LLC video clip depicts the incident October 7, 2017 N/A (surveillance Video of the store) Cole Haan, LLC 9 DEFENDANT COLE HAAN LLC’S RESPONSES TO FORM INTERROGATORIES, SET ONE ‘10 11 ‘12 13 14 15 ‘15 17 18 19 20 21 22 23 24 25 26 27 28 Li v. Cole Haan LLC SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 18CV328984 VERIFICATION I, Ann Sapcoe, declare: I am an authorized agent of Defendant Cole Haan LLC and I am authorized to make this verification for and on its behalf. Ihave read the foregoing DEFENDANT COLE HAAN, LLC’S RESPONSES TO FORM INTERROGATORIES, SET ONE and know the contents thereof. 1 am informed and believe that the matters stated therein are true and correct. I declare under the penalty of perjury under the laws 0f the State of California that the foregoing is true and correct. Executed on‘D“ g mg“ r53, 203m Greenland, New Hampshire. By: “ffl/MTfiw Anh Sépcéé v ' EXHIBIT 5 EXHIBIT 6 \‘c ~-\ EXHIBIT 7 \DOOflQUl-bUJNr- NNNNNNNNNr-tr-KHr-tr-tr-tr-tr-tr-tr-t OOQONUl-bUJNHOKDOONQUl-bWNHO X. Young Lai, #275396 Law Office of X. Young Lai 28 N. First Street, Suite 540 San Jose, CA 951 12 TEL: (408)228-3995 FAX: (866)610-9505 gagelegal@gmail.com Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA Case N0.: 18CV328984 LIN LI, . o PLAINTIFF’S RESPONSES TO Plamtlff, DEFENDANT’S FORM INTERROGATORIES SET ONE VS. COLE HAAN LLC, DOES 1-10, Defendant PROPOUNDING PARTY: Defendant Cole Haan LLC RESPONDING PARTY: Plaintiff Lin Li SET NUMBER: One RESPONSES TO FORM INTERROGATORIES 1. X. Young Lai, Esq., 28 N. First Street, Suite 540, San Jose, CA 951 13. 2.1 Lin Li, since birth; Linda Li, since August 1991. 2.2. 6/4/1964, China. 2.3 Objection. Plaintiff s driver’s license is irrelevant t0 the subject matter 0f this action (for falling merchandise accident) and in Violation 0f plaintiff’s constitutionally protected right to privacy under Article I, Section I ofthe California Constitution. (Vinson v. Superior Court (1987) 43 Cal.3d 833, 842 [239 Cal.Rptr 292, 299]; and Davis v. Superior Court (1992) 7 Cal.App.4th 1 1 PLAINTIFFS’ RESPONSE TO FORM INTERROGATORIES-SET ONE \DOOflQUl-bUJNr- NNNNNNNNNr-tr-KHr-tr-tr-tr-tr-tr-tr-t OOQONUl-bUJNHOKDOONQUl-bWNHO 12.3 N0. 12.4. The responding party’s husband Feng Wei took six (6) photos, the first two of Which (showing a clerk) on the date of incident, October 7, 2017, the rest ofwhich on October 12, 2017, at the Cole Hann Store. The responding party obj ects the address and phone number ofFeng Wei on the ground of privacy, and he can be reached through plaintiff’s counsel; X. Young Lai, counsel for plaintiff, took one photo (showing a hand 0n the right corner) on May 1, 2018 at the Cole Hann Store.; the plaintiff’s counsel has a copy 0f the photos, Which are concurrently produced. 12.5. N0. 12.6. The responding party does not have personal knowledge sufficient to state the fact, but believes that an employee 0f defendant may have composed a written report, Which would be in defendant’s possession, custody, 0r control. 12.7. Yes, X. Young Lai, counsel for plaintiff, May 1, 2018. The responding party’s husband Feng Wei on October 12, 2017 and the responding party and her husband October 7, 2017. 14.1. The responding party does not have personal knowledge sufficient t0 state the answer, even after a reasonable and good faith efforts t0 obtain the information, because the responding party has just begun discovery of this matter and therefore has not completed discovery 0r preparation for trial, and thus reserves the right to Change these responses and present additional contentions or materials at a later date. Moreover, the information pertaining t0 defendant’s actual knowledge is more available to the propounding party than to the responding party. On information and belief, the responding party responds as follows: N0. 14.2 The responding party does not have personal knowledge sufficient t0 state the answer, even after a reasonable and good faith efforts to obtain the information, because the responding party has just begun discovery of this matter and therefore has not completed discovery 0r preparation for trial, and thus reserves the right to change these responses and present additional contentions or materials at a later date. Moreover, the information pertaining t0 defendant’s actual knowledge is more available to the propounding party than to the responding party. On information and belief, the responding party responds as follows: No. ’7 I PLAINTIFFS’ RESPONSE TO FORM INTERROGATORIES-SET ONE KOOOQQUI-bUJNH NNNNNNNNN-HHHr-Ir-AHv-iww WQONMAWNHowmflONUI-PwNHO X. Young Lai, #275396 Law Office of X. Young Lai 28 N. First Street, Suite 540 San Jose, CA 951 12 TEL: (408)228-3995 FAX: (866)610-9505 gagelegal@gmail.com Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA Case N0.: 18CV328984 PLAINTIFF’ S VERIFICATION LIN LI, Plaintiff, vs. COLE HAAN LLC, DOES 1-10, Defendant I, LIN LI, Plaintiff in this action, have read the foregoing Plaintiffs Response to defendant ’s COLE HAAN LLC’s First Set of Special Interrogatories, Form Interrogatories, and Requests for Document Production, and know the contents thereof. The same is true ofmy own knowledge, except as t0 those matters, which are therein stated on information and belief, and as t0 those matters, I believe them to be true. I declare under penalty of perjury that the foregoing is true and correct and that this verification was executed 0n g 4 , 2018 atSa IA TwfierCalifomia.m LIN LI 1 1 PLAINTIFF’S VERIFICATION EXHIBIT 8 Lin-000509 fl I I I __ I "nl- _- . _ 'Iifihfflmk . _ i 1l-54'I- 'T -:'.-"~-'-T‘.- HE“??? ' I III -'_ ‘3‘}:qu "I H.551. I - I - - I I I I I --.-.--u-_..-r-.-I-FI---I------l- Lita I_ whim}: . ,. _ . I ‘- CLE-Afihiifie .- PH'CWE‘M‘HED ' I..- . ._ __-___: _ _ _ _ EXHIBIT 9 Lin-000510 I ta l . . EXHIBIT 10 Lin-000515 I I E L T ._. . . 1 h. r I l- p l i ] . .. 1. - I I L . . .l.! l l : . i. .. ‘ . I : - . . 5. _ : . 7... . l l l 1 14 1 Ir - Ia i l ru n f . . .. : . E $ I._. ..u . q EXHIBIT 11 Lin-000511 EXHIBIT 12 Lin-000513 .M I FH__ ..n11 a { 1... t il t F i r . . . . M. ..- il s fl l l EXHIBIT 13 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA ---oOo--- LIN LI, Plaintiff, vs. No. 18CV328984 COLE HAAN LLC, DOES l-lO, Defendants. DEPOSITION OF PEDRO AGUILAR (Remote Videoconference) Monday, March 29, 2021 Reported Stenographically via Zoom by: Peggy Tsujimoto, RPR, CSR No. 5229 PEGGY TSUJIMOTO & ASSOCIATES Certified Shorthand Reporters Peggytsujimoto@gmail.com (415) 828-1919 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 Q. What is the name of the other clerk? MS. ADAMS: If you know. THE WITNESS: No, I don't. Actually, I do remember. Q. BY MR. LAI: Okay. A. Alex. Q. Do you know his surname? A. I believe it's Timbol. Q. How do you spell that? A. I believe T-i-m-b-o-l. Q. Do you remember at that time how many employees were working at this store? A. I believe three. Q. That's you and Alex. Who is the other person? A. That would be Cindy. Q. You were standing at the corner, is that so, at the time 8:10:35 seconds? Is that you? (Videotape being shown on Share Screen) Q. BY MR. LAI: Hang on a second. Do you see Cindy came out? A. Yes, I do. Q. It's 8:10:51 seconds. Do you know what Cindy was doing? MS. ADAMS: That calls for speculation. THE WITNESS: NO, I don't know. l5 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 equipment for it. Q. BY MR. LAI: How tall are you, Mr. Aguilar? A. How tall am I? Q. Yes. A. Six-foot-one. Q. Can you reach the top of the shelf by yourself without using the tools? A. I could touch the boxes, yes, by extending my arm. Q. But you never just pulled the boxes from the shelves without using those tools; right? A. I'm sorry. Repeat that. Q. Without using the tools, you never attempted to retrieve the boxes from the top of the shelves; right? A. Sorry, it was hard to understand you. MS. ADAMS: Without the tools, you never attempted to retrieve those boxes above the top shelf; right? THE WITNESS: Correct. Q. BY MR. LAI: So that's part of your training? A. What's part of my training? Q. That you did not retrieve those shoeboxes from the top of the shelves without using those tools like a ladder? A. Correct. We wouldn't attempt to retrieve them 42 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 without the ladder and the box organizer pole thing. Q. Did you ever see any customer try to retrieve those shoeboxes from the top of the shelves? A. I have seen them try, yes. Q. How often did you see that happen? A. I don't know. Q. When you saw them trying to retrieve the boxes from the top of the shelf, what did you do? A. Offer my assistance. Q. Did you tell them that's unsafe for them to retrieve those boxes from the top of the shelves? A. Yes. Q. When you say you offer assistance, what did you do? A. I would then get the proper equipment to retrieve whatever box they were trying to get. Q. Is there just one pair of shoes or just one shoe inside of the boxes? A. There would be a pair of shoes in one box. Q. Did you point out to the customer that there's a yellow sign saying that if you need assistance, please call one of our assistants? MS. ADAMS: Sorry. Can you read back. THE WITNESS: Super vague. Q. BY MR. LAI: What was the answer? 43 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 in the store? A. At the time of the accident, where was I positioned in the store? Q. A. Q. A. Q. correct? A. Yes. Close to the cash register section. Alex was also working at that area; right? Correct. Neither of you were in the clearance area; Correct. MS. ADAMS: Sorry, I didn't hear the question. Can you repeat it, Court Reporter, please. Q. accident, A. Q. store or store? A. Q. (Record read as follows by the Court Reporter: Question: Neither of you were in the clearance area; correct? Answer: Correct.") MS. ADAMS: Thank you. BY MR. LAI: Do you remember at the time of the where was Cindy positioned? I don't recall. Was you assigned to a specific area in that were you responsible to oversee the whole I was not assigned to a specific area, no. Basically you tended to the customer in every 45 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 on the top of the shelf in the middle of the store? A. I don't understand your question. Q. Let me put it in another way. Is it only in the clearance area that the company puts the shoebox on the top of the shelves? A. Correct. Q. Are there any ladders in the store? A. Yes, there is. Q. How many ladders in the store? A. I believe two. Q. Where were they put in the store? A. In the back of the store by the stockroom. Q. Can a customer get access to the ladder? A. No. Q. Why is that? A. Because the ladder is in an employee section. Q. It's inside the stockroom; right? It's not in the clearance area; right? A. Correct. Q. Did you have stepstools in the store? A. We did not have stepstools in the store. Q. How many of the pole things did you have? MS. ADAMS: How many what? Q. BY MR. LAI: How many of the -- whatever you call the shoe grabber, the tool. 5O lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 A. I believe three or four. Q. Where did you put them? A. They would be nestled between the corners of the end of the shelves. MS. ADAMS: Can I just clarify something. When you're talking about a stepstool, I want to know what you meant, and I just want to clarify Pedro's answer about a stepstool. Is that just like a little -- THE WITNESS: I'm taking that as what I recognize as something that steps. MS. ADAMS: Like a little step, like maybe a foot above the ground, lifts you like a foot higher than the ground. THE WITNESS: Right, that's what I think when I think of stepstool. MS. ADAMS: Okay. We're not talking about a ladder that has maybe three or four steps on it; right? THE WITNESS: Correct. I see that more as a ladder. MS. ADAMS: Got it. Q. BY MR. LAI: You said there's no stepstools. There are only ladders in the store; right? A. Correct. Q. We were talking about the thing, the tool, the shoe grabber. Do the customers have access to those 51 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 tools? A. No. Q. They're not allowed to use that tool? A. I'm sorry? Q. The customers are not permitted to use those tools; right? A. Correct. Q. Only employees are allowed to use those tools; right? A. That's correct. Q. In the stockroom, were there any shelves? A. In the stockroom, yes, there's shelves. Q. Do you remember how tall were they? A. Do I remember how tall the shelves in the stockroom were? Q. Yes. A. No, I don't know how tall they were. Q. Did you put any boxes on the top of the shelves in the stockroom? A. No. Q. In the clearance area, the top shelves were flat; right? There's no ledge; right? A. I believe so. Q. Did any customer complain to you that there should be some kind of safety device on the top of the 52 EXHIBIT 14 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA ---oOo--- LIN LI, Plaintiff, vs. No. 18CV328984 COLE HAAN LLC, DOES l-lO, Defendants. DEPOSITION OF JESSICA YOST (Remote Videoconference) Monday, April 5, 2021 Reported Stenographically via Zoom by: Peggy Tsujimoto, RPR, CSR No. 5229 PEGGY TSUJIMOTO & ASSOCIATES Certified Shorthand Reporters Peggytsujimoto@gmail.com (415) 828-1919 DEPOSITION OF JESSICA YOST April 5, 2021 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 to the clearance area. MS. ADAMS: And then also I have to object on attorney-client privilege and work product doctrine because it's talking about a lot of different types of documents that may be covered by those privileges. Q. BY MR. LAI: Generally speaking, you do not have any written material regarding how to stock shoeboxes in the clearance area; is that correct? A. Specific to the clearance area, not to my knowledge. Q. Let's go through the second one. "Any and all documents regarding instructions as to how to stock shoeboxes in the display area of Cole Haan stores in California from 2015 to the present, for purposes of this request for document production and all other requests herein, the term display area means the front, the middle and the back areas but not the clearance area of Cole Haan stores, identified by Cindy Gonzales in her deposition page 200, line 6 to 8." MS. ADAMS: I'm going to make my same objections for the record. Do we have anything like that, Jessica? THE WITNESS: Yes, we do. Q. BY MR. LAI: Can you describe to me what kind of documents? l5 DEPOSITION OF JESSICA YOST April 5, 2021 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 easily fill in the below area. As we sell through product, we get our stuff from the top and fill them in down below. Q. Why didn't you just use the backroom or stockroom instead of the top of the shelves? A. Well, it's for space constraints, but also, again, I don't feel that they are dangerous up there. So it makes it more efficient for the employees. Q. Cindy testified that you generally use the top of the shelf as an extra stocking area. Is that true? A. Yes. MS. ADAMS: That may misstate her testimony. I don't know if Cindy testified to that, but go ahead. THE WITNESS: Yes, we do use the top shelf. Q. BY MR. LAI: You use that for extra storage area, right. Okay. There's no ledge on the top of the shelves. Why didn't the company put some ledge or other safety restraining device to prevent the shoebox from falling from the shelves? MS. ADAMS: The question is vague and ambiguous. Objection to the term restraining device or safety device, but I'm not sure. Are you talking about the lower shelves, why did they put -- why didn't they put it on the top shelf? MR. LAI: I'm talking about the top shelf. 25 DEPOSITION OF JESSICA YOST April 5, 2021 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 Q. That is the only report the company has regarding the accident; right? A. To my knowledge, yes. Q. After you reviewed this document, what did you do in regard to instruction to Cindy? MS. ADAMS: Lacks foundation, vague and ambiguous. Q. BY MR. LAI: After you reviewed this document, did you talk to Cindy about the safety of the -- the danger of the falling boxes from the shelves? A. Yes. Q. What was your conversation? A. We believed -- when she described it to me, the individual was very tall. He reached into that area without asking for help from an employee, and it was a brief conversation. Q. Did you say to her that the company should have some safety measures on the shelves to prevent an accident of that nature from happening again? A. No. Q. You did not believe that there was a danger of shoeboxes falling from the shelves; right? A. Correct, I do not believe there's a danger. Q. After the incident, did you hire any consultant to evaluate the danger of falling boxes from the 29 DEPOSITION OF JESSICA YOST April 5, 2021 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 MS. ADAMS: First of all, this document you're referring to is the Health and Safety Guidelines from 2018; right? MR. LAI: Yes. MS. ADAMS: I think the question is not reasonably calculated to lead to the discovery of admissible evidence, given that this document was created after the incident. And it may calls for speculation, but if you can answer, go ahead. THE WITNESS: I believe it has actually been minorly updated. So I'm not sure what is in this one versus the most recent one I have read, but to my recollection, I don't believe that it basically lays out the boxes in particular. Q. BY MR. LAI: Those materials are general safety instructions, not specifically pertaining to the safety with regard to the shoeboxes on the shelves; right? MS. ADAMS: Hang on. Can you read back the question. (Record read as follows by the Court Reporter: "Question: Those materials are general safety instructions, not specifically pertaining to the safety with regard to the shoeboxes on the shelves; right?") MS. ADAMS: Go ahead, Jessica. 39 DEPOSITION OF JESSICA YOST April 5, 2021 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 THE WITNESS: Correct. MR. LAI: Let me show you another document that I will mark as Plaintiff's Exhibit ll. (Cole Haan Restocking Policy, 2 pages, marked for identification as Plaintiff's Exhibit ll) Q. BY MR. LAI: It's Cole Haan Restocking Policy with Bates number DEFOO75. Have you ever seen this document before? A. Yes. Q. Can you describe for me what the document is? A. The document speaks to specifically restocking product, so when you sell something, bringing back its replacement. Q. It has store productivity report. Does it have anything to do with shelving with top of the shelves as additional storage area? A. No. I believe you're correct. Q. Okay. Do you know, how often did the employees move shoeboxes from the storage room to the top of the shelves? A. In the clearance section? Q. Yes, in the clearance section. A. From the stockroom to the top of the shelves? Q. Yes. 4O DEPOSITION OF JESSICA YOST April 5, 2021 \OOOQOU‘I-PUJNH NNNNNNNNNr-IHHt-tr-tr-th-tr-tt-tr-t OONQM4>WNHO©OOQQM#UJNHO PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA I am employed in the County 0f Santa Clara, State of California. I am over the age of 18 and not a party to the within action. My business address is 111 N. Market, Ste 300, San Jose, CA 95 1 13. On 4/22/2020, I caused the foregoing document(s) described as DECLARATION OF COUNSEL IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY ADJUDICATION; on all interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addresses as stated 0n the attached service list: BY MAIL - I deposited such envelope in the mail at San Jose, California. The envelope was mailed With postage thereon fully prepaid. I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under the practice I would be deposited With the U.S. Postal Service on that same day With postage thereon fully prepaid at San Jose, California in the ordinary course of business. I am aware that on motion 0f the party served, service is presumed invalid if postal c??gellgtion date 0r postage meter date is more than one (1) day after date 0f deposit for mailing in a 1 av1t. ] BY PERSONAL SERVICE - I caused such envelope to be delivered by a process server employed by [Name of process server] . [X ] BY ELETRONIC TRANSMISSION - I transmitted a PDF version of this document by electronic mail to the party(s) identified 0n the attached service list using the email address(es) indicated. BY OVERNIGHT DELIVERY - I deposited such envelope for collection and delivery by USPS With delivery fees paid 0r provided for in accordance with ordinary practices. I am readily familiar With the firm’s practice of collection and processing packages for overnight delivery by USPS for receipt on the same day in the ordinary course of business. [X ] (State) I declare under penalty ofperjury under the laws of the State of California that the above is true and correct. (Fedaral) I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: 4/22/2021 By: X. Young Lai, Attorney for Plaintiffw Heidi Adams KULUV, ARMIJO & GARCIA One California Street, Suite 1150 San Francisco, CA 941 1 1 Q .2 DECLARATION IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S MSJ