Exhibit List PartyCal. Super. - 6th Dist.May 29, 20181O H 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HEIDI ADAMS, Bar N0. 219498 KULUVA, ARMIJO & GARCIA One California Street, Suite 1150 San Francisco, CA 941 11 (415) 273-6500 (415) 273-6535 Attorneys for Defendant, Cole Haan LLC Santa Clara - Civil V. Taylo ' Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/1 6/2021 4:13 PM Reviewed By: V. Taylor Case #1 8CV328984 Envelope: 7884275 SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA LIN LI Plaintiff, vs. COLE HAAN LLC; DOES 1-10 Defendants. CASE NO. 18CV328984 INDEX OF EVIDENTIARY EXHIBITS IN SUPPORT OF COLE HAAN LLC’S MOTION FOR SUMMARY JUDGMENT DATE: TIME: DEPT.: Defendant Cole Haan LLC hereby files its Index of Evidentiary Exhibits in support 0f the concurrently filed Motion for Summary Judgment as to Lin Li’s Second Amended Complaint. EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: EXHIBIT F: EXHIBIT G: DATED: December 16, 2021 Plaintiff, Lin Li’s Second Amended Complaint Excerpts of the Deposition of Plaintiff, Lin Li Excerpts of the Deposition of David Wei Excerpts 0f the Deposition 0f Cindy Gonzalez, Volume I Excerpts of the Deposition of Cindy Gonzalez, Volume II Excerpts of the Deposition of Pedro Aguilar Declaration 0f Raymond G. Etzo ARMIJO & GARCIA HEIDI ADAMS Attorneys for Defendant, Cole Haan LLC INDEX OF EVIDENTIARY EXHIBITS SUPPORT OF COLE HAAN LLC’ S MOTION FOR SUMMARY JUDGMENT EXHIBIT A PLD-PI-001 ATrORNEY 0R PARTY WITHOUT ATrORNEY (Name, State Barnumber, and address): FOR COURT USE ONLY_ X. Young Lai (#275396) Law Offices ofX. Young Lai 586 N. First Street, Suite 213B San Jose, CA 951 12 TELEPHONE No: (408)228_3995 FAX No. (Optional): (866)6 1 0-9505 E-MAIL ADDRESS (Optional): gag€1€gal@gmail.00m ATTORNEY FOR (Name): Lin Li SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N. First StrCet MAILING ADDRESS: 191 N, First Street CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Civil PLAINTIFF: L11] L1 DEFENDANT: Cole Haan LLC; DOES 1 To 10 COMPLAINT-Personal Injury, Property Damage, Wrongful Death AMENDED (Number): 2nd Type (check all that apply):E MOTOR VEHICLE OTHER (specify): premise liability/negligenceE Property Damage E Wrongful Death Personal Injury E Other Damages (specify): Jurisdiction (check all that apply): CASE NUMBER;E ACTION IS A LIMITED CIVIL CASE Amount demanded E does not exceed $10,000 18CV328984E exceeds $10,000, but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION Is RECLASSIFIED by this amended complaintE from limited to unlimitedE from unlimited to limited 1. Plaintiff (name or names): Lin Li alleges causes of action against defendant (name or names): Cole Haan LLC; Does 1-10 2. This pleading, including attachments and exhibits, consists ofthe following number of pages: 3 3. Each plaintiff named above is a competent adult a. E except plaintiff (name): (1)E a corporation qualified to do business in California (2)E an unincorporated entity (describe): (3)E a public entity (describe): (4)E a minor E an adult (a) E forwhom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) E other (specify): (5)E other (specify): b. E except plaintiff (name): (1)E a corporation qualified to do business in California (2)E an unincorporated entity (describe): (3)E a public entity (describe): (4)E a minor E an adult (a) E forwhom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) E other (specify): (5)E other (specify): E Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved f_or Optiqnal use COMPLAINT_PersonaI Injury, Property Code of Civil Procedure” § 425.12 JudICIal CounCIl of Callfornla www.coumnfo.ca.gov PLD-PI-oo1 [Rev. January 1, 2007] Damage, Wrongful Death PLD-PI-001 SHORT TITLE: Lin Li vs. Cole Haan LLC CASE NUMBER: 18CV328984 4. E Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. except defendant (name): Cole Haan LLC (1)E a business organization, form unknown (2) a corporation (3)E an unincorporated entity (describe): (4) E a public entity (describe): (5)E other (specify): b. E except defendant (name): (1)E a business organization, form unknown (2)E a corporation (3)E an unincorporated entity (describe): (4) E a public entity (describe): (5)E other (specify): c. E except defendant (name): (1) E a business organization, form unknown (2)E a corporation (3)E an unincorporated entity (describe): (4) E a public entity (describe): (5)E other (specify): d. E except defendant (name): (1)E a business organization, form unknown (2)E a corporation (3)E an unincorporated entity (describe): (4) E a public entity (describe): (5)E other (specify): E Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. Doe defendants (specify Doe numbers): 6'10 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. Doe defendants (specify Doe numbers): 1-5 are persons whose capacities are unknown to plaintiff. 7. E Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. E at least one defendant now resides in its jurisdictional area. 99c E other (specify): 9. E Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b. E is excused from complying because (specify): . the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. injury to person or damage to personal property occurred in its jurisdictional area. PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: Lin Li vs. Cole Haan LLC 18CV328984 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more 11. 12. 13. 14. 15. causes of action attached): . E MotorVehicle . General Negligence . E IntentionalTort . E Products Liability . Premises LiabilityE Other (specify): .‘hCDQOO'QJ Plaintiff has suffered wage lossE loss of use of property hospital and medical expenses general damageE property damage loss of earning capacityE other damage (specify): sorwslovs» E The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. E listed in Attachment 12. b. E as follows: The relief sought in this complaint is within the jurisdiction of this court. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) compensatory damages (2) punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) according to proof (2)E in the amountof: $ E The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: 10/29/20 1 8 X.Y0ung Lai ’ (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-om [Rem January 1. 20071 COMPLAINT-Personal Injury, Property Page 3 of 3 Damage, Wrongful Death PLD-PI-oo1(4) SHORT TITLE: CASE NUMBER: Lin Li VS. Cole Haan LLC 18CV328984 IST CAUSE OF ACTION-Premises Liability Page 4 (number) ATTACHMENT To Complaint E Cross - Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff (name): Lin Li alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): 10/7/2017 plaintiff was injured on the following premises in the following fashion (description ofpremises and circumstances of injury): the Cole Haan store at Great Mall of Milpitas (located at 447 Great Mall Drive, Space 546, Milpitas, CA 95035) when an unsecured shoe box dislodged by another customer fell from the top of a high stacking shelf and struck Plaintiff on the head then bounced onto the lower back When she was squatting and trying on shoes. Prem.L-2. Count One-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): Cole Haan LLC E Does to Prem.L-3. Count Two-Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Cole Haan LLC E Does to Plaintiff, a recreational user, was E an invited guest E a paying guest. Prem.L-4. E Count Three-Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): E Does to a-E The defendant public entity had E actual E constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b-E The condition was created by employees of the defendant public entity. Prem.L-5. a. Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Does 6 to 10 b. E The defendants who are liable to plaintiffs for other reasons and the reasons for their liability areE described in attachment Prem.L-5.b E as follows (names): Page 1 of 1 Form Approved forOptionaI Use _ ' ' ' ' C d fC' 'I P d 425.12 Judicial CouncilofCalimmia CAUSE OF ACTION Premises Llablllty 0 eo IVIWVLfiOmfiglca'gov PLD-PI-oo1(4) [Rev. January 1, 2007] PLD-PI-oo1(2) SHORT TITLE: CASE NUMBER: Lin Li vs. Cole Haan LLC 18CV328984 2ND CAUSE OF ACTION-General Negligence Page 5 (number) ATTACHMENTTO Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Lin Li alleges that defendant (name): Cole Haan LLC; mDoes 1 to 10 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): 10/7/2017 at (place): the Cole Haan store located at 447 Great Mall Drive, Space 546, Milpitas, CA 95035 (description of reasons for liability): 1. Plaintiff, a customer of a Cole Haan store, was squatting and trying on shoes when another customer Doe 1 defendant, who attempted to reach a shoe box stacked insecurely on the top of the shelves, caused it to dislodge and fall; the shoe box struck plaintiff on the head and then bounced on her lower back. 2. Doe 1 defendant had a duty to act reasonable and use due care when reaching a shoe box. 3. Doe 1 breached that duty of due care by failing to pay proper attention to plaintiff, failing to pay proper attention to a danger of an unsecured shoe box stacked on high shelves, failing to maintain a proper lookout, failing t0 warn Plaintiff, and failing t0 control the shoe box t0 avoid striking plaintiff. 4. Defendant Cole Haan LLC and other doe defendants had a duty to keep the property in a reasonably safe condition and to use reasonable care to discover any unsafe conditions and to repair, replace, or give customers adequate warning of anything that could be reasonably expected to harm others. 5. Defendant Cole Haan LLC and other doe defendants breached that duty of due care by failing to secure the shoe boxes, by failing to reasonably inspect the premises and discover the danger, and by failing to give customers adequate warning. 6. As a direct and proximate result of the negligence of the Defendants, Plaintiff has suffered physical injuries, mental anguish, pain and suffering, loss of wages, and has incurred medical expenses. Plaintiffmay incur future medical expenses and suffer future loss of wages and other employment benefits. 7. A11 of the above damages were directly and proximately caused by the aforementioned negligence of Defendants, and were incurred without contributory negligence or assumption of the risk 0n the part 0f Plaintiff 0r an opportunity for Plaintiff t0 avoid the accident. Page 1 of 1 Form Approved for Optional Use - Code of Civil Procedure 425.12 Judicial Council of California CAUSE 0F ACTION-General Negl'gence www.courtinfo.ca.gov PLD-PI-001(2) [Rev. January 1, 2007] PLD-PI-oo1(6) SHORT TITLE: CASE NUMBER; Lin Li vs. Cole Haan LLC 18CV328984 Exemplary Damages Attachment page 6 ATTACHMENT TO Complaint E Cross - Complaint EX-1. As additional damages against defendant (name): Cole Haan LLC Plaintiff alleges defendant was guilty of maliceE fraudE oppression as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, damages to make an example of and to punish defendant. EX-2. The facts supporting plaintiff's claim are as follows: 1. In the store, several shoe boxes were stacked on top of each other on the top of the shelves, above 8 feet high, where no safety bars or fencing or other safety devices were used and where no boxes should be stacked. The mode of operation of the high stacking shelves with overlapping shoe boxes on the top were implemented, authorized, or ratified by the managers, directors, or officers of Cole Haan LLC ("Managing Agents"), who had actual or constructive knowledge that there existed serious perils 0f falling merchandise and the resulting injuries were highly probable, because they personally created or caused to create the unsecured condition and because past accidents had put them on advance notice. 2. At all times herein relevant, the employees or agents who failed to properly stack the shoe boxes and who failed to properly inspect the dangers and caused injury to plaintiffwere acting on behalf of Cole Haan LLC, and within the course and scope of their authorities and employment, With the full knowledge, permission and consent 0f Managing Agents, each having authorized 0r ratified the wrongful conduct of the employees or agents. 3. Upon information and belief, Managing Agents intentionally violated safety standards of shelfing and knowingly disregarded the manufactures’ warnings, because of their overriding concerns for minimizing operation expenses, regardless 0f the peril involved. In addition, Managing Agents knowingly failed to warn customers of the dangers (1.6. with warning signs), failed to take corrective measures (e.g. with safety bars and/or with an access to rolling ladders), and failed t0 have proper training 0f the employees in stocking techniques and in recognizing and correcting the hazards 0f falling merchandise. 4. Furthermore, upon information and belief, despite actual knowledge of the dangers, and even if the problem had been reported by defendants’ employees to, and past accidents had brought to the attention of, Managing Agents, they knowingly refused to address the safety issue, and intentionally concealed the problem from state and municipal safety inspection agencies. 5. As a result, the Violations were continuing and accidents repeating. Therefore, Managing Agents’ intentional disregard 0f the unsafe condition and knowingly concealing 0f the problem, coupled with their willful failure to warn, to train, and to take corrective measures, displayed an intentional act 0f placing monetary gain before the customers’ safety in gross indifference t0 a high probability 0f injury, which was despicable. EX-3. The amount of exemplary damages sought is a. not shown, pursuant to Code of Civil Procedure section 425.10. b. E $ Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California Exemplary Damages AttaChment www.courtinfo.ca.gov PLD-Pl-001(6) [Rev. January 1, 2007] POS-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY X. Young Lai, #275396 Law Office of X. Young Lai 28 N. lst St., Ste 540 San Jose, CA 951 13 TELEPHONE No.:408-228-3995 FAX NO. (OptionaI)-'866-6 1 0-9505 E-MAIL ADDRESS (Optional).gagelegal@gmail,com ATTORNEY FOR (Name).'Lin Li SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAMEICiVil PETITIONER/PLAINTIFF:Lin Li RESPONDENT/DEFENDANT:Cole Haan LLC CASE NUMBER: PROOF 0F SERVICE BY FIRST-CLASS MAIL-CIVIL lgcv328984 (Do not use this Proof of Service to show service of a Summons and Complaint.) 1. | am over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing took place. 2. My residence or business address is: 28 N. 1st St., Ste 540 San Jose, CA 951 13 3. On (date):10/24/2018 | mailed from (city and state): San Jose, CA 951 13 the following documents (specify): Plaintiffs Second Amended Complaint E The documents are listed in the Attachment to Proof of Service by First-Class Mail-Civil (Documents Served) (form POS-030(D)). 4_ | served the documents by enclosing them in an envelope and (check one): a. E depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. E placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 5. The envelope was addressed and mailed as follows: a. Name of person served: Ryan Gille b. Address of person served: Kuluva Armijo & Garcia One California St., Ste 1150 San Francisco, CA 941 11 E The name and address of each person to whom | mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail-Civil (Persons Served) (POS-030(P)). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 10/29/2018 M X. Young Lai (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM) Form Appmved foropfim' Use PROOF 0F SERVICE BY FIRST-CLAss MAIL-CIVIL Code ofCiv" Procedure, §§ 1013' 1013aJudicial Council of California www.courtinfo.ca.gov Pos-oso [New January 1, 2005] (Proof Of Service) EXHIBIT B LIN LI - 02/04/2019 l SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE COUNTY OF SANTA CLARA 3 ---oOo--- 4 LIN LI, 5 Plaintiff, 6 vs. No. 18CV328984 7 COLE HAAN LLC; DOES 1-10, 8 Defendants. lO ll 12 l3 l4 VIDEOTAPED DEPOSITION OF 15 LIN LI l6 l7 MONDAY, FEBRUARY 4, 2019 18 l9 20 21 22 23 REPORTED BY: HOLLY THUMAN, CSR No. 6834, RMR, CRR 24 (SF-206659) 25 Epiq Court Reporting Solutions - San Francisco 1-800-869-9132 www.deposition.com LIN LI - 02/04/2019 Page 21 l A. My husband was with me. 2 Q. Okay. Did he witness the accident? 3 A. I don't think he saw actually what 4 happened, even though he was right next to me. But 5 after it happened, he took photos. 6 Q. And have all those photographs been 7 produced to your attorney? 8 A. Yes. 9 MR. GILLE: And have all those photos been lO produced to us? ll MR. LAI: Yes. 12 MR. GILLE: Great. l3 Q. Can you tell me what it -- canfiyog tell me l4 what it was that you were doing immediately prior l5 to the accident? l6 A. I was barefoot, and I was squatted down on l7 the floor to try shoes. l8 Q. Were you sitting on the floor? l9 A No. 20 Q. Were both feet on the ground? 21 A Only one foot was on the ground. The 22 other one was lifted, because I was trying shoes 23 on. 24 Q. Do you recall which foot was lifted? 25 A. I can't recall. Epiq Court Reporting Solutions - San Francisco 1-800-869-9132 www.deposition.com 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 3% 3% 4m 4m 4m 4m 4m 4m 4m 4m 4m 4m 4m 4m 4m 4h 4h 4h 4h 4h 4h 4h 4k 4k 4k 56 58 15 19 22 26 28 33 36 37 38 39 42 45 47 00 09 17 22 24 35 37 44 44 55 LIN LI - 02/04/2019 Page 22 mQONU'IIbWNH 10 11 12 13 l4 15 16 l7 18 l9 20 21 22 23 24 25 Q. Do you recall how many other people were in the area where you were? A. I don't remember. Q. Can you describe to me, because I haven't been to the store, What -- how the shoes are set up, how they're merchandised? A. I was in the section where shoes were on sale, and it's all the way in the back. So in the middle, there is a hallway, and on the left side and the right side were shoe cabinets. The shoes for men was on the left side, and then the shoes for women were on the right side. And all the shoes were piled up on the cabinet or shelf of these on-sale rack or cabinets. There were a lot of them piled up on top. All the way to the ceiling. Q. Can you estimate how high the ceiling is? A. About ten foot. Q. So the shoes were stacked from the floor all the way up to the top of the ceiling? A. On the bottom -- on the -- there are racks, shoe racks, at the bottom. But on the very top, there is no racks anymore. There are just shelves. It's just shelves. But it seemed to me it was just one shelf. They are just piling the 1-800-869-9132 Epiq Court Reporting Solutions - San Francisco www.deposition.com 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m 1m M: M: Q: M: Q: M: Q: B: B: B: B: B: B: M M M M M M 44 4R 4& 4E 4& 4& M 05 15 N 22 26 57 00 15 20 37 43 54 £3 fll fl9 Q0 £0 £5 £7 M M m 13 26 LIN LI - 02/04/2019 Page 26 OWU'IIbWNH lO ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 THE VIDEO OPERATOR: Back on the record, the time now is 11:05. BY MR. GILLE: Q. Okay. Off the record, we had marked what's now Exhibit Number 2 and is in front of you. Do you recognize what's depicted in that picture? A. Yes. Q. Okay. And can you just briefly describe to me what is depicted in the picture marked as‘ Exhibit Number 2? A. This is the way the shoes were stacked on the day of the accident. There was a male, about six foot, behind me. He was trying to reach over to the shoes above the rack, and somehow he didn't put it back right, and it fell on me. Q. Okay. Is -- first, do you know who took this picture? A. I think my husband may have taken this. Q. Okay. This was one of the pictures that was produced by your attorney, and I presume one that you had given to him. Does that refresh your recollection as to who may have taken the picture? A. Yes. He took it. 1-800-869-9132 Epiq Court Reporting Solutions - San Francisco www.deposition.com 1h 1h 1h 1h 1k 1h 1h 1h 1h 1h 1h 1h 1h 1h 1k 1h 1h 1h 1h 1h 1h 1h 1h 1h 1k 0& 0& 0& 0& 0& 0& 0& 0& 0& 0& 0& 0E 0& 0& 0E 0% 0% 0W 0% 0% 0% 0W 0% 0W 0% 24 24 27 27 29 M 36 51 52 53 56 35 42 50 54 02 06 12 27 32 34 42 45 46 59 LIN LI - 02/04/2019 Page 28 .wa OWU'I lO ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 A. David. W-E-I is the last name. Q. But at least as we're looking at Exhibit 2, that's your recollection of what the rack looked like on the day of your accident? A. Yes. Q. Okay. And looking at that photo, it appears that the -- the rack runs the length of a wall, but it is divided into three sections. Do you see that? A. Yes. Q. Okay. Where in relation to those three sections were you standing when the accident occurred? A. Okay. So I just want to clarify. This is the shoe rack for the men's shoes; and I was over here, trying female shoes on the right side. Q. Okay. A. Which is not in the photo. Q. About how far with you from the men's rack? A. About three -- two to three feet. Q. Okay. And just so we're on the same page about the accident, I understood your testimony to be that you were crouching down trying on shoes when another customer put a box of shoes onto the 1-800-869-9132 Epiq Court Reporting Solutions - San Francisco www.deposition.com 1h 1h 1h 1h 1k 1h 1h 1h 1h 1h 1h 1h 1h 1h 1k 1h 1h 1h 1h 1h 1h 1h 1h 1h 1k 0% 1m 1m 1m 1m 1m 1m 1m 1m 1h 1h 1h 1k 1k 1k 1h fl: M: H: H: fl: H: M: M: H: W 10 H 15 29 29 33 39 42 07 10 12 14 44 48 56 01 02 04 06 31 35 40 43 49 LIN LI - 02/04/2019 Page 29 WNH \ lO ll l2 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 men's rack that's depicted in Exhibit 2. And he didn't put them on properly, and they fell down and hit you. Is that correct? A. No. No, actually, he was taking off a box on the second or third layer, and then the one -¥ the one box above where he was taking off the shoebox fell, flew down, and hit my head. I did not see it coming, because my back was facing the male -- the men's shoe rack. I was facing -- I was facing the woman's shoe rack, and I was crouching down, you're right. Q. Okay. So you didn't see the man grabbing for the shoes? A. No, I did not. But he told me afterwards. Q. What did he tell you? A. He said, "I am so sorry, that I was pulling one of the shoeboxes out." Q. Did he say anything else? A. I was not able to hear very clearly after the accident, so I think that he told my husband. Q. Okay. And how do you know what portion of the rack he was pulling the shoes off? A. There was a picture that my husband took which showed that there was a shoebox that was missing in a specific area, section. From there, 1-800-869-9132 Epiq Court Reporting Solutions - San Francisco www.deposition.com 1h 1h 1h 1h 1k 1h 1h 1h 1h 1h 1h 1h 1h 1h 1k 1h 1h 1h 1h 1h 1h 1h 1h 1h 1k 1% 1k 1% 1% 1% 1& l& 1k 1k 1k 1k 1k 1k 1k 1k 1k 1k l& l& l& l& l& l& l& l& M 00 03 M M M 53 04 10 17 23 27 31 40 44 51 59 02 11 14 20 23 45 48 52 LIN LI - 02/04/2019 Page 31 l Q. Do you know if anybody witnessed the 2 accident occur? 3 A. I don't know. 4 Q. Do you know if your husband witnessed the 5 accident? 6 THE INTERPRETER: Interpreter clarify. 7 A. My husband -- my husband only looked at me 8 when I was screaming. At that time, the shoebox 9 and the shoe already hit my head. lO Q. Okay. And just so I'm clear on how you ll understand this occurred, the shoebox fell when the $2 customer -- as the customer was grabbing to get thé lg box and pull it out? l4 A. Well, what I was trying to tell you was, l§ the customer was trying to -- that customer was l6 trying to pull one of the boxes out. And as he was l7 doing that, another box on top of the box he is l8 pulling out fell and flew over to the right side of l9 my head and then bounced on to my back and hurt my 20 back as well. 21 Q. Do you know what kind of shoe it was that 22 struck you? 23 A. I am so sorry. I meant left side of my 24 head. 25 I did not see and pay attention to the Epiq Court Reporting Solutions - San Francisco 1-800-869-9132 www.deposition.com 1h 1h 1h 1h 1k 1h 1h 1h 1h 1h 1h 1h 1h 1h 1k 1h 1h 1h 1h 1h 1h 1h 1h 1h 1k l& 1& l& 1& l& 1% 1% 1% 1% 1% 1% 1% 1% 2m 2m 2m 2m 2m 2m 2m 2m 2m 2k 2k 2k 29 30 M M M 08 16 23 27 30 36 4O 44 21 24 27 35 38 41 47 48 50 11 16 16 LIN LI - 02/04/2019 Page 32 .wa GUT lO ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 shoe, because it was the box that hit my head. Q. Do you know what the size of the box was? A. It's that big. I don't know how to tell you the dimension. Q. I guess what I'm trying to find out, was it like a regular-sized shoebox, or was it a larger one for, say, boots or things of that nature, or do you not know? A. I didn't pay attention. I don't recall. Q. Okay. Other than what the customer told you about how he believed the accident occurred, did you hear from anybody else, whether it was an employee or your husband or anybody, about how the accident occurred? A. No. Q. Okay. And then just looking at Exhibit 2 on that top rack where I understand it sounds like this -- the shoebox came from, is that generally how it appeared around the time of the accident, or do you not know what it looked like? A. Yes, it's also stacked like this, on both sides. Q. The men‘s and the women's side? A. Yes. Q. And just looking at the picture, is that 1-800-869-9132 Epiq Court Reporting Solutions - San Francisco www.deposition.com 1h 1h 1h 1h 1k 1h 1h 1h 1h 1h 1h 1h 1h 1h 1k 1h 1h 1h 1h 1h 1h 1h 1h 1h 1k 2h 2h 2k 2h 2k 2h 2h 2h 2% 2k 2% 2k 2% 2k 2% 2h 2k 2k 2k 2k 2& 2& 2% 2& 2% 18 23 N M M 45 48 53 02 04 07 09 15 17 39 40 44 49 52 56 15 20 21 27 27 LIN LI - 02/04/2019 Page 64 OWU'IIbWNH 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 35 BY MR. GILLE: Q. So if you don't have any of this information, that's fine. THE INTERPRETER: Okay. Hold on. A. So my husband went to the store later, after the accident, and saw that they -- the store actually put some kind of netting on the top. And based on that fact, I know that they had corrected the situation so that the potential peril would not happen again. Q. Okay. Had you ever seen that netting before the accident? A. No. Q. Okay. Do you know why that netting was A. Because without it, it's dangerous. Q. Did you notice if netting had been on the shelf depicted in Exhibit 2 at any time prior to the accident? A. No. No, I did not see it. Q. Are you aware of any prior complaints‘ regarding the stacking of the boxes by any customer? A. Prior to the accident, I do not know.‘ Q. Okay. And do you know, other than é 1-800-869-9132 Epiq Court Reporting Solutions - San Francisco www.deposition.com 1% 1& 1& 1% 1% 1% 1& 1% 1% 1% 1% 1% 1& 1% 1% 1% 1& 1% 1& 1% 1% 1% 1& 1% 1% 1k 1k 1k 1& l& 1& l& l& l& l& lfi lk lfi l& l& 1& l& l& l& l& lfi lk lfi 1W 1% M M 49 19 % 40 43 48 51 56 03 05 06 06 14 17 24 27 32 50 53 56 59 17 20 LIN LI - 02/04/2019 Page 65 mflmU‘In-waH lO ll 12 13 l4 15 l6 17 l8 l9 20 21 22 23 24 25 complaint maybe made by you and your husband, whether anybody from Cole Haan had received specific complaints about the stacking? A. Prior to the accident, no. Q. Then going down, the interrogatory response indicates the managers, directors, and officers are aware of the probable consequences of the dangerous condition but deliberately failed to implement safety devices. Okay. Which managers, directors, or officers? A. It's obvious that they did not do what they should have done. So there's no need to keep asking me the same question. Q. It's a slightly different question. And the reason I'm asking is because in order to prevail on this claim for punitive damages, you have to identify a manager, director, or officer that was aware of the probable consequence of the dangerous condition. And so I'm trying to determine which manager, director, or officer was aware of the probable consequences that you know of. A. How would I -- how would I know the manager and director and the officers of Cole Haan or at the Cole Haan store? 1-800-869-9132 Epiq Court Reporting Solutions - San Francisco www.deposition.com 1% 1k 1% lk 1% l& l& l& 1% l& 1% l& 1% l& 1% l& l& l& 1% l& 1% l& 1% l& 1% 1% 1% 1% l& 1& l& 1& l& 1& l& 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 2m 2m 2m 31 34 36 M N 19 21 25 29 31 16 19 25 27 29 32 35 39 42 45 47 49 45 48 51 LIN LI - 02/04/2019 Page 71 lO ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 CERTIFICATE OF DEPOSITION OFFICER I, HOLLY THUMAN, a Certified Shorthand Reporter, hereby certify that the witness in the foregoing deposition was by me duly sworn to tell the truth, the whole truth, and nothing but the truth in the within-entitled cause; That said deposition was taken in shorthand by me, a disinterested person, at the time and place therein stated, and that the testimony of said witness was thereafter reduced to typewriting, by computer, under my direction and supervision; I further certify that I am not Of counsel or attorney for either or any of the parties to the deposition, nor in any way interested in the event of this cause, and that I am not related to any of the parties thereto. DAT D: Febru y 8, 2019 \L\\ “a HOLLY THUMAN, CSR NO. 6834 Epiq Court Reporting Solutions - San Francisco 1-800-869-9132 www.deposition.com EXHIBIT C DAVID WEI - 03/28/2019 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 1-10, Defendant. / Thursday, March 28, 2019 REPORTED BY: JOAN B. MERTEN, CSR 6922 (SF-21260l) Epiq Court Reporting Solutions - San Francisco 1-800-869-9132 www.deposition.com DAVID WEI - 03/28/2019 Page 12 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 her. Is that your understanding of how the accident occurred? A. So by the way, I was there -- I was present physically, so Attorney -- or Counsel, I would like to know what would you want me to describe about this? I don't quite understand. Q. Sure. What I want to find out is if you saw the accident occur, or if you were just in the general area where the accident occurred and you didn't see anything. A I witnessed. Q You saw the accident occur? A. Yes. Q And can you tell me what you saw? A So I witnessed a male customer reach up high, you know, at a pretty high level to remove a box there (indicating). And in doing so, another box fell down. Q. Was the box that fell down on top of the box that the customer was trying to reach? A. Correct. Q. Do you know how big that box was that fell on -- I'm sorry, let me take that back. Did you see the box that fell and hit your wife? A. Yes. Q. Okay. Where did it strike your wife? Epiq Court Reporting Solutions - San Francisco 1-800-869-9132 www.deposition.com DAVID WEI - 03/28/2019 Page 49 10 ll 12 13 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 CERTIFICATE OF CERTIFIED SHORTHAND REPORTER STATE OF CALIFORNIA ) SS. I, JOAN B. MERTEN, a Certified Shorthand Reporter of the State of California, do hereby certify: That the foregoing proceedings were reported by me and therefore transcribed into typewriting under my direction. I further certify that I am not of counsel or attorney for either or any of the parties hereto, nor in any way interested in the outcome of the cause named in said caption. Dated this 4th day of April, 2019. WW“ JOAN B. MERTEN Certified Shorthand Reporter License No. 6922 Epiq Court Reporting Solutions - San Francisco 1-800-869-9132 www.deposition.com EXHIBIT D 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 CERTIFIED TRANSCRIPT 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 2019 D lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI vs COLE HAAN LLC A. The date, yes. Q. I forgot to ask you, so how are you employed currently? A. I have another employer. Q. When did you leave the Cole Haan store? A. I left last year right before Black Friday, so I think the month was the month of October. Q. October 2018; right? A I believe so. Q. What was your position before you left? A Store manager. Q Store manager. So how many employees were under your supervision? A. I would say at a time it fluctuated, 15 to 20 employees. Q. So they were all in the same store; right? A. Yes. Q. So did you make this report yourself? A. I collected the information to create this report. Q. So you wrote this narrative on this report; right? A. I did. Q. Did you actually witness what happened? A. No. 6M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November 06, 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.m 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 23M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November 06, 2019 LIN LI vs COLE HAAN LLC at which I followed every regulation. But to answer your question, which is also vague and I‘m unqualified, I don't know. That's my final answer. BY MR. LAI: Q. Okay. So your answer there is no actual -- A. I said I don't know. Q. Okay. So you do not even know there is qul restraining device on the shelf? A. Oh, yes. There used to be signs that said "Please ask for assistance." From when I used to be‘ employed at Cole Haan, we did have those on the very top shelf -- assuming that's the top shelf, because I'm not basing this off of this picture -- and so that sign said "Please ask for assistance." That was provided in -- minimum of Ewo of fifiagé signs, they were posted in the clearance area on the top shelf. Q Did you put that sign yourself? A. Yes. Q Did that happen after the accident; right? A. It was existing from the time I was employed at Cole Haan. Q. I mean, that's after -- A. Not after, no. 28M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November 06, 2019 LIN LI vs COLE HAAN LLC Any device, really, on the shelf can prevent the shoe box -- MS. ADAMS: Same objection. BY MR. LAI: Q. Please answer. A. I don't know. Q. Do you use any safety device or restraining device such as, like, bars? MS. ADAMS: Lacks foundation. Same objection. I think she testified that, you know, what she did do -- MR. LAI: Please do not use speaking objection. MS. ADAMS: Okay. I mean, she did post signs that said to ask for assistance. BY MR. LAI: Q. Do we know anything on the shelf? A. I don't know. Q. So you have never used anything to prevqu4§ shoe box from falling; right? A. These warning signs. Like I said, there was a warning sign. Q. Other than that warning sign, do you know of any kind of device or things that would prevent a shoe box from falling? A. So the sign is what we put so that we can ask the customer to ask us for help. At that point, we have 30M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI vs COLE HAAN LLC ladders that we step on and within physical distance, at which you could reach for a box to hand to the customer. And that is the assistance. We are sales associates for a reason; we assist the customer. Q. I understand. I'm asking you, is there anything on this shelf -- A. I don‘t know. Q -- any device? So probably none; right? A. I don't know. Q Okay. MR. LAI: Let me mark this as Exhibit 6. (Whereupon, Exhibit 6 was marked for identification.) BY MR. LAI: Q. This picture was taken after the accident. So does it capture the same shelf? MS. ADAMS: Lacks foundation; calls for speculation. THE WITNESS: I don't know. I can't actually understand your question. BY MR. LAI: Q. Does it show you the same shelves as document Number 5? A. I don't know. Q. Do you see the sign? M TALTY COURT REPORTERS, INC. 31408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI vs COLE HAAN LLC A. I see a sign, yes. Q. So, basically, it says if you -- A. I can‘t really read it. Q. I think it says, "If you need assistance, please call one of our associates." A. Okay. Q. Is that the same sign you were referring to‘ earlier? A. Yeah, we post that sign in the clearance area. Q. Okay. That is placed in the clearance area. That happened after -- A. I can‘t verify what shelf it was on. I can‘ just tell you it existed at the time of the incident‘ from the time I was employed by Cole Haan. Q. These picture were taken after -- A. Not the picture. I'm just telling you about the sign. The sign existed from the time I was employeg with Cole Haan from the beginning to my final day of employment. Q. So the sign existed at the time of the accident; is that right? A. The sign existed at the time of the accident. Q. Okay. But when this picture was taken, I mean, referring to Document Number 5, there's no sign -- A. I don't know. 32M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, LIN LI vs COLE HAAN LLC 2019 A. I don't remember at the time if it was worded exactly that way, and so I can't say yes. But I can remember doing that, as a general rule of thumb for how I operated day-to-day. Q. I mean -- A. So, again, the answer to the question would be, I practiced this as a general safety, from what I remember, when I was employed, but I can't say yes to this because I don‘t know when this was produced. I don't know how accurate, how word-by-word verbatim. So based off of what you're presenting me, I don't know. Based Off my common knowledge when I was employed, I used ladders. Q. Okay. So do you remember you receive any specific instruction from the company directive on this policy on using step stools or ladders -- A. Just to use them; that's the only thing. Use them. Q. So there‘s no basic instruction from the company? A. I don't remember. Q. All right. So do you receive any really specific training on how to use or when to use the ladders or step stools to retrieve the shoe box? A. You open up a ladder, you step on it, and you M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com 45 lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November 06, 2019 LIN LI vs COLE HAAN LLC retrieve boxes. Q. Okay. So did you receive any training or instructions? A. When I was employed, I remember having to review a paper of general policy, but I don‘t remember exactly What it said. I just remember knowing how to use a ladder and be safe. Q. You just know because it's just a general knowledge; right? You do not need instruction from your employer; right? A. No. I know because when you're first employed, you have to read policies. But nobody remembers hundreds of pages of policies, I mean, per word, to the dot, but we know how to operate them at the expectation of the company. Q. And so are -- you said the company books. When did you review any written policy? A. I don't remember. Q. You don't remember? A. Huh-uh. Q. Okay. How about the third paragraph starting with "whenever retrieving shoe box"? MS. ADAMS: Whenever? BY MR. LAI: Q. That's the first paragraph. I'm sorry. 46M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, LIN LI vs COLE HAAN LLC 2019 BY MR. LAI: Q. In paper? A. That is common sense information. Q. Common sense. Okay. A. And I don't remember when it happened, but it happened. I read the documents, and I learned of what I needed to do. Q. Did you provide other employees with agy trainings -- A. I think we probably watched a video once. Do I remember when? No. Was everybody required to do it? Yes. Q. What kind of video --‘ A. It was a training video that showed someone‘ using -- knowing how to use a ladder. How to open up a ladder, how to step on it, and to retrieve items saféi§f To ensure that the employee does not get hurt. To ensure that no customers get hurt. I don't remember when it happened, though. Q. Okay. So no training as to how to stack shoe box on the top of shelves; right? MS. ADAMS: Hang on. The question lacks foundation; assumes facts not in evidence, and it's also argumentative. MR. LAI: I'm asking a factual question whether M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com 48 lO ll 12 13 14 15 16 17 18 l9 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 lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November 06, 2019 LIN LI vs COLE HAAN LLC shelves? A. They're not on the sales floor. Q. Not on the sales floor. Okay. So did you always stack the larger box on the bottom?‘ A. From what I was trained, yes. Q. Okay. How far down on those shelves -- high shelves do you always stack -- A. When you say on "those shelves" what are you EETEEEIHQ’ES? Q. I'm referring to the high shelves in the clearance area. A. We stack them according to company policy. Q. How do you stack them? A. One on top of the other; that's how you stack them. Q. How about the four boxes on the top of the shelf? How did you stack them? T:j:f§f’ifiééff MS. ADAMS: Are you talking about What did she use to get that high? Because they were very high. BY MR. LAI: Q. No. A. Generally speaking, they were stacked one on top of the other. 53M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI vs COLE HAAN LLC (Are they the; 1A. Generally speaking. Th E91: most of them are the same size. 'lj Q. If the size are various, hOW'fi?fflflflgfi .!; A. Generally speaking, they're the same size. g, Emen's are the same size; they're smaller boxes. Me‘I [ire the same size; they're larger boxes, but they ex?! .5 two different -- WW? Q. So what is the reason that you put the boxes on the top of the shelves? MS. ADAMS: If you know. That question may call for speculation. BY MR. LAI: Q. Yeah, please answer. A. So question? Please ask it again. Q. What's the reason the company put the shoe boxes on top of shelves? A. I don‘t know. Q. You do not know. Okay. And other than the clearance area, you have lower shelves, you‘re referring as storage; right? MS. ADAMS: Hang on. That question is unintelligible and vague and ambiguous. I don't understand it. 54M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November 06, 2019 LIN LI vs COLE HAAN LLC A. Eye level. Q. Okay. So why the company use a higher shelves in the clearance area? A. I don't know. MS. ADAMS: That question lacks foundation; calls for speculation. BY MR. LAI: Q. Okay. Why didn‘t the company use high shelves in those areas? MS. ADAMS: Same objection. THE WITNESS: I don't know. BY MR. LAI: Q. Okay. Let's go back to Number 8 -- Document Number 8. MS. ADAMS: The stockroom safety? BY MR. LAI: Q. Yes. A. That is Number 8. Okay. Q. Second page is another safety; right? The second page of Number 8. A. Okay. Second page. Q. So have you ever seen this document before? A. You asked that question previously, and I don‘t TALTYCOURTREPORTERSJNC. 56 408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, LIN LI vs COLE HAAN LLC 2019 Q. So are they normally kept in the storage room? A. Some were kept in the storage room, and some were kept in little nooks throughout the store that were not accessible to customers. Q. So if the customer want to reach the boxes on the top of shelf, how did they do that? A. They ask for our assistance. Q. So what assistance did you provide if they ask you? A. There are shoes on display. So the customers looks physically at the shoe. You see here? Q. Uh-huh. A. That's called a "display." One shoe is put on display. It's got a price there, and all they go is, Hi, I would like for a size 4. I would like a size 5, 6, 7. And you get the shoe size, wherever it is. Sometimes it's on the floor; sometimes it's in the stockroom. It's our job to provide them with the size they need. Q. So are they allowed to move the boxes, open it, and try the shoes on? A. Yeah, they're allowed if it's accessible to them. Q. Okay. Are there allowed to try on the shoes and set them back on the shelves? M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com 58 lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI vs COLE HAAN LLC in the clearance area? Showing on page 6. A. Generally speaking, not according to this picture, but from my knowledge of what the clearance area looked like, they can grab shoe boxes that are in a shelf -- inside of a shelf. Q. Okay. A. Inside. So a shelf is sandwiched by one at the top and one on the bottom; that's what a shelf is, two things; right? So those areas are accessible. Q. So after they -- A. Generally speaking, they are accessible. Q. Okay. So if they take a shoe box out and try the shoes on then replace them back on the shelves; right? A. Generally speaking, that's how people shop. AiQ. Oh, I see. So it's kinaiof self-service area. So people can do it themselves? MS. ADAMS: Vague and ambiguous as to what specific area you're talking about. MR. LAI: I‘m talking about the clearance area. MS. ADAMS: Okay. So answer the question based on the clearance area. THE WITNESS: No. That's why they have employees. It‘s not all self-service. There's a sign that said "Please ask for assistance." So there's a: M TALTY COURT REPORTERs, INc. 60408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 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 lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November 06, 2019 LIN LI vs COLE HAAN LLC the store; right? A. It‘s at the back of the store. Q. So how many employees -- A. Wait. You're talking the clearance area? Q. Yes. IS that right? A. Yes. Q. So how many employees were normally working in that area? A. Generally speaking? Q. Yes, generally speaking. A. We walk up and down the store constantly. Constantly. It will depend also on how many employees are working. It depends on how busy the day is going to be. How much traffic we're going to have. If we have a promotion going on. So every day is different. Some days we'll have 10 employees; some days we'll have 3; some days we'll have 4. Q. Do you remember at the time of the accident how many -- A. I don't remember exactly. Exactly I don't remember, but I know that it was a busy day, and we had a lot of employees. Q. A lot of employees? A. By a lot there was, like, a minimum of four, I want to say. A minimum of four. 66M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, LIN LI vs COLE HAAN LLC 2019 you have to check the shoe boxes? A. I don't remember. It's been a long time since I was working there. Like I said earlier, the policies change. I don't know. I don‘t remember. Q. Okay. But you do remember you have to -- you have to remove the shoe boxes on the ground; right? A. I don't remember. MS. ADAMS: Yes. You testified that you -- THE WITNESS: That I picked them up? Yeah. BY MR. LAI: Q. You just testified. Now you don‘t remember? A. Well, you're saying the incident. I'm saying, generally, I pick up shoe boxes off the ground; that's what I said. Q. Generally, did you check the shoe boxes on the shelves? A. I would walk past them, and I would look at‘ them. If they needed to be fixed, you rearrange and you fix. On the date of the incident, I don't remember because I was -- I just don't remember. I can say generally speaking, I walk past. I pick things up. If I can't pick it up, I have somebody go and help me pick it up. It‘s part of our job to make sure the store is clean and neat and presentable; that‘s my job. Neat, clean, and presentable. And that means M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com 75 lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November 06, 2019 LIN LI vs COLE HAAN LLC Q. Okay. When you say check the shoe boxes on the shelves, so what do you do? A. I make sure that I pick them up. Q. What do you mean by "pick them up"? A. Pick them up, put them behind the cash wrap, or put them Wherever they belong. MS. ADAMS: Listen to the question he asked you. He asked you a different question. BY MR. LAI : Q. I'm talking about picking up the shoe boxes on the ground. A. But where? Generally speak -- MS. ADAMS: That's not the question he asked you. BY MR. LAI: Q. Did you, at any time, check the shoe boxes on the shelves? A. Can you -- why aren't you being specific? Can you say, like, generally speaking -- Q. Generally speaking, did you check the shoe‘ boxes on the shelves in the Clearance area? A. Yes. Q. What did you do? A. I make sure they're in place. Q. In place. So -- TALTYCOURTREPORTERSJNC. 77m 408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November 06, 2019 LIN LI vs COLE HAAN LLC A. In the shelf. Q. On the shelves? A. In the shelves. There's a ledge that holds the box from falling out. Q. Edge? A. Ledge. Like this; see? (Witness demonstrates.) There's a shoe, and then this goes like this and it holds it, so there‘s no way the shoe can slip. Make sense? In the clearance area. So walking past, I just make sure that it's clean, it's neat, it's presentable, and it's safe. Q. So you -- as you described, the shoe box was placed at an angle on the shelf, and there's a ledge preventing it from falling? A. From when you look at the clearance area, generally speaking, these shoe boxes here have a ledge. They hold them from falling out. These ones have a ledge. Q. You mean the shelf -- A. Have a ledge. Q. -- that are preventing from -- A. From falling. Q. -- from falling. But there's no ledge on the top shelf; right? A. From my knowledge, it's flat. TALTYCOURTREPORTERSJNC. 78m 408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November 06, 2019 LIN LI vs COLE HAAN LLC Q. It‘s flat. Okay. On other shelves the shoe box was placed at an angle -- A. I don't know because I don‘t know where it fell from. Q. I'm not talking about -- I‘m just talking generally how you place shoe box on the shelf. Is there an angle to place a shoe box? A. Is there an angle to place the shoe box? Q. It‘s not flat; right? MS. ADAMS: The question is vague and ambiguous. Are you talking about if whether or not the shelf is angled? BY MR. LAI: Q. Yeah. A. The shelf here, all the shelves are -- they're hot angled; they're flat, but they have a léaggf Q. Except the top shelf? A. Not the top shelf; it's flat. Q. And there's no ledge. Okay. I understand. So there's no danger for the shoe box to fall down except on the top shelf? A. The way you're phrasing that question is you're making a statement and an assumption by saying there is no danger. Q. Is there danger? 79M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI vs COLE HAAN LLC top of shelf?) THE WITNESS: So that's the misstatement. You're saying that there's no need to stack them, and I did not say that. BY MR. LAI: Q. I did not say that. A. Yeah, you did. MS. ADAMS: He said there's no need to check the boxes. THE WITNESS: Check the boxes where? BY MR. LAI: Q. On the top of the shelf. A. The boxes on the top shelf, no one can access them. Q. I'm asking you -- A. So why would I need to check them? No one can access them. No one can physically access them. Q. So your answer is yes, there's no need to check the boxes on the -- A. No. We check them all of the time, but that's not relevant. Q. I'm asking -- A. So, yes, I check the boxes. I do check them. Q. You check them on the top of the shelves; right? M TALTY COURT REPORTERs, INc. 99408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI vs COLE HAAN LLC A. I check them. What do you mean check them? Do I check that there's shoes inside? What's your question? Q. Just to see if they are in order. If they are stacked properly. A. Yes. Q. Do you dagEHEE3‘ A. Yes. Q. How often did you do that? A. Anytime I walk past them. Q. Anytime you walk past them? A. Uh-huh. Anytime I walk past them. Q. How do you check if they're in order? Just by eyes? A. Well, that's what we have eyes for, yeah. So yeah. If they physically are in order, yeah. We check them. I mean, that place was so neat and organized it was even in size. It would will be 7, 7, 7, 8, 8, 8, 9, 9, 9, lO, lO, lO, ll, ll, ll, ll 1/2, l2, 12 1/2, l3. It was so perfectly organized to the T, generally speaking, that it even was in size. Q. So still you just -- A Checked them. Q. Check them. Okay. A Yeah. There's no need to physically get up M TALTY COURT REPORTERs, INc. 100408.244.1900 - www.taltys.com lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, LIN LI vs COLE HAAN LLC 2019 A. That is a statement you are saying. That's not a question. Q. Do you think that is correct? A. That's not a question, so you need to ask a question. Q. I'm asking whether or not you -- you believe that statement is correct? MS. ADAMS: Do you think that just because no one sees a sign that they're just going to go ahead and reach up on that 7-foot shelf and get those boxes? Do you think that's actually a risk? THE WITNESS: Do I think it's -- one more time. Do I think it's a risk for someone -- no. No, I can't control what anybody else does beyond the point of giving warning signs and providing customer service and following the expectation of my job duty at the time. BY MR. LAI: Q. Okay. So let's say -- A. I don't think it's a risk because I cannot control, and also -- Q. When you see a customer is trying to reach a box on the top shelf, would you stop him from doing that? A. I've never seen anybody reaching up there. Q. Just hypothetical, if you see a customer trying M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com 126 lO ll 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, LIN LI vs COLE HAAN LLC 2019 to reach a box on the top shelf, would you stop him?‘ MS. ADAMS: It's an incomplete hypothetical. THE WITNESS: And I have never seen anybody do that, so I don‘t have an answer to something I have never experienced before. BY MR. LAI: Q. I'm just asking a hypothetical question. A. It's not possible, is my answer. Q. I mean, it's impossible for a customer to reach the boxes -- A. Yeah, it's not possible. Unless you're a ghost, or -- I don't know -- you can jump -- Q. Okay. So when the accident happened when both witness made a statement, you do not believe they are truthful; right? A. That is also speculation and an assumption, and that's not what I think. That's not what I think. Q. So what do you think how the accident happened? A. I wasn't there. MS. ADAMS: Calls for speculation. THE WITNESS: I don't know. I can‘t put a hypothetical together to when I wasn't there to see what actually happened. All I could do is take a statement from Linda and take a statement from Duane and ensure that Linda had the proper care she needed. That‘s all I M TALTY COURT REPORTERS, INC.408.244.1900 - www.taltys.com 127 lO ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 DEPONENT: CINDY GONZALEZ November O6, 2019 LIN LI vs COLE HAAN LLC REPORTER'S CERTIFICATE I, CAMBRIA L. DENLINGER, CSR #14009, a Certified Shorthand Reporter in and for the State of California, do hereby certify; That prior to being examined, the witness named in the foregoing deposition was by me duly sworn to testify to the truth, the whole truth, and nothing but the truth; That said deposition was taken before me at the time and place set forth and was taken down by me in shorthand and thereafter reduced to computerized transcription under my direction and supervision, and I hereby certify the foregoing deposition is a full, true, and correct transcript of my shorthand notes so taken. I further certify that I am neither counsel for nor related to any party to said action nor interested in the outcome of this action. Witness my hand this 20th day of November, 2019. CAMBRIA L. DE L G CSR NO. 14009 M TALTY COURT REPORTERS, INC. 137408.244.1900 - www.taltys.com EXHIBIT E 10 ll 12 l3 14 l5 l6 l7 18 19 20 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 18 Iaagafig!wmqmmgme MR. LAI: Right. THE WITNESS: No, I don't know. MR. LAI: Okay. Okay. I have no further questions. MS. ADAMS: Okay. I have a quick -- I have a couple questions, just to the circle back on an area of questioning. EXAMINATION BY MS. ADAMS (ADS Q. When -- 1., want ta gab“ quuestions about that clearance areaanm shelf where you had the stacked boxes. And I just -- I know you testified', at your last deposition, but I just want to make cléfl! that it was the general policy of the company to staéfi boxes from large to small. The larger ones were ori- bottom and the smaller ones were fin‘Ttaa ’ £5; Year that'simirggn Q. Okay. And it was your job to generally make sure that boxes were stacked in this manner, correct? A. I mean, per -- yeah, per, like, visual directive, it had them reflected, yes, in that area. So, you know, not just myself, of course, but it was up truly not just in that location, but in other outlet locations. I can say that. Because outlets -- outlet to the management team to withhold those standards. And SF Reporters (415) 948-8289 246 l visual standards were different than the full-price 2 locations because their layouts were not made to host as 3 much of that product on the floor. 4 I Okay. ’ So -- but what I'm getting “general policy was when you were stacking boxes, ya would do the, you know, stack the larger boxes on tm' bottom and the smaller bmfifig Wiwuv,’ were different sizes? A. If they were différgflififii are asking, like, in that very top shelf in the clearance area, it was a camgggj‘dfireatiwi"x -thafi: way? Efifir {~11 l3 Q. Okay. And then you testified earlier that, you l4 know, sometimes if the floor had boxes on it, you would 15 take those boxes and you would put them -- you would put l6 them on the shelf, right, to get them out of the way so 17 they weren't a tripping hazard? Is that -- l8 A. Correct. And that's -- that's general shelves. l9 So not referring to the very top section. But if, you 2O know, within amongst all of those shelves it had sold 21 down, then I would just -- even if it was at the very 22 bottom, bottom, bottom shelf that‘s by -- right next to 23 your feet, then that's where we would fill it. 24 Q. Right. 25 A. In whatever designated hole it was in. SF Reporters (415) 948-8289 247 nwa O\U‘| ll ‘12 ‘13 ‘14 :15 :16 ‘17 ‘18 l9 ‘20 ‘21 ‘22 :23 ‘24 ‘25 Q. Okay. So it's stacked all the way to the ceiling, right? A. No, it's not, actually. The picture doesn't determine that depth. Q. I mean, just generally. Do you stack the shoe box up to the ceiling, or not? A. Nope, nope, nope. Because I know for a fact, from my memory, it didn't go all the way. Q. Oh, okay. A. And that angle of that picture doesn't depict that exactly. Q. So why sometimes there were four box upon each other and sometimes there were five boxes? A. Generally speaking, the women's boxes -- because, of course, they're women's feet -- generally speaking, they were made much smaller than the men's boxes. Q. Okay. So you mean on the shelf for men's boxes, on the top of the shelf, you'll stack four boxes upon each other. On the women's shelf, you'll stack five shoe boxes on top of the shelf? A. So in this picture, it depicts it that way, but it wasn't always that way. Q. Okay. A. However, from my knowledge, -- I know you can't SF Reporters (415) 948-8289 251 @01wa}; lO ll 12 l3 l4 15 l6 17 18 l9 20 21 22 23 24 25 see it in this picture, but the height of those five‘ boxes, from what I remember, matches the height of the men's ones. I know you can't see it in the picture, but because the men's boxes were generally larger in height and width, you -- they were generally the same height. Even though the women's boxes were five boxes and the men's were four, because those men's boxes were larger, they were basically, like, the same height almost. Q. Okay. So -- A. I know you can't see it from the picture, but just from what I remember. Q. Okay. So on the women's shelves, so did you ever stack more than five boxes on the top of the shelf? A. From what I remember, no. Q. Mm-hmm. No. So on the shelves for the men's shoes, did you ever stack more than four shoe box on the top? A. From what I remember -- from what I remember, no. But like, again, there's that variable where you have, you know, you could have maybe a new employee who was like, "I can fit that there." And then I'm like, "Oh, you know what? No. No. Let's not fit that there." So then I could correct it. So I -- that variable exists. So it wasn't. Generally speaking, no. Generally speaking, no. SF Reporters (415) 948-8289 252 lO ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN FRANCISCO ) CERTIFICATE OF REPORTER I, KARLA K. ELLIS-DAVIS, a Certified Shorthand Reporter, duly authorized to administer oaths pursuant to Section 2093(b) of the California Code of Civil Procedure, I hereby certify that the witness in the foregoing deposition was by me duly sworn to tell the truth, the whole truth, and nothing but the truth in the within-entitled cause; That said deposition was taken down in shorthand by me, a disinterested person, at the time and place therein stated, and that the testimony of the said witness was thereafter reduced to typewriting, by computer, under my direction and supervision; I further certify that I am not of counsel or attorney for either or any of the parties to the said deposition, nor in any way interested in the events of this cause, and that I am not related to any of the parties thereto. Dated: November l6, 2020 KARLA ELLIS-DAVIS, CSR NO. 12998 SF Reporters (415) 948-8289 267 EXHIBIT F lO 11 l2 13 l4 l5 l6 l7 18 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. No. 18CV328984 COLE HAAN LLC, DOES 1-10, Defendants. (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 11 l2 13 l4 l5 l6 l7 18 l9 2O 21 22 23 24 25 A. Yes, I can see the document. MR. LAI: Peggy, do I need to put that in the Chat? THE COURT REPORTER: So that I can download it, I would need it put into Chat as a pdf document, and then I will put my electronic sticker on it after the deposition. Q. BY MR. LAI: Mr. Aguilar, do you see the picture? Do you know what is that about? A. I see the picture. It looks like boxes in the clearance section. Q. Do you know if it‘s men's shoes or women's shoes? A. Just looking at the boxes, I don't know. Q. Let me show you another picture. Mr. Aguilar, do you see the new picture? A. Yes, I see the picture. MR. LAI: It‘s kind of out of order, but I will mark this document as Exhibit 8. (Color photo marked for identification as Plaintiff‘s Exhibit 8) g. BY MR. LAI: Mr. Aguilar, can you make out the sign in the middle of the shelf? It says, "If you need assistance, please call one of our associates.fl A. Yes, I can read that. 24 lO 11 l2 13 l4 l5 l6 l7 18 l9 2O 21 22 23 24 25 How many signs on the shelf? MS. ADAMS: The question is vague and ambiguous. Q. Q A 67’ L Q sign? A. Q. BY MR. LAI: Do you remember? MS. ADAMS: I didn't understand the question. THE WITNESS: What was your question? BY MR. LAI: Where was the sign? Where is that yellow sign? Yes, that yellow sign. At the clearance sectiqg; Do you remember on which shelf there is such a No. Do you remember how many such yellow signs were put on the shelves? A. From what I can remember, every top shelf. MS. ADAMS: Court Reporter, can you read back the question before that and the answer before that last question. (Record read as follows by the Court Reporter: "Question: Do you remember on which shelf there is such a sign? Answer: No. Question: Do you remember how many such yellow signs were put on the shelves? 25 lO 11 l2 13 l4 l5 l6 l7 18 l9 2O 21 22 23 24 25 area in the store; right? A. I would attend to whoever would need my help. Q. At the time of the accident, did you ever check the boxes on the shelves in the clearance area to make sure that they are in order? MS. ADAMS: The question is vague as to time. MR. LAI: I said at the time of the accident. MS. ADAMS: Okay. I think it‘s still vague as to time. Like before, after? Q. BY MR. LAI: Before the accident, Mr. Aguilar, did you check the shelves in the clearance area to make sure -- A. I don't recall. Q. After the accident happened, did you check the shelves to see if the shoeboxes are in order? A. What I remember is that the timeframe was nearing the closing of the store. So practice would be to organize every section, every box before closing. So, yes, sometime after the accident, I would reorganize the entire store. Q. How often did you check the shoeboxes on the shelves in the clearance area? A. Multiple, multiple times a day throughout my shift. Q. How did you do thatp 46 lO 11 l2 13 l4 l5 l6 l7 18 l9 2O 21 22 23 24 25 A. By maintaining them in size order or from biggest boxes to smallest boxes. Q. Did you visually inspect the shoebox on top of the shelves? A. Including the entire store, yesi I visua§£¥ checked everything. Q. Do you remember where the yellow sign was? A. Do I remember where the yellow sign was? Q. Yes. MS. ADAMS: I think this is asked and answered as well. THE WITNESS: It has been answered already. Q. BY MR. LAI: Can you answer again? We see the yellow sign on the women's shelves. Do you remember if there's a yellow sign on the men's shelves in the Clearance area? A. I can't speak for it just because I don't know the timestamp and -- Q. At the time of the accident, do you remember at the time of the accident if there is a yellow sign on the men's shoe shelves in the clearance area? A. I believe so, yes. Q. So there were three set of shelves. Where was the sign? In the middle, in the left, or in the right? MS. ADAMS: If you recall. 47 lO ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN FRANCISCO ) I hereby certify that the witness in the foregoing deposition was by me duly sworn to testify the truth, the whole truth and nothing but the truth in the within-entitled cause; that said deposition was taken at the time and place therein stated; that the testimony of said witness was reported by me, Peggy Tsujimoto, a Certified Shorthand Reporter, and a disinterested person, and was thereafter transcribed into typewriting. And I further certify that I am not of counsel or attorney for either or any of the parties to said deposition, nor in any way interested in the outcome of the cause named in said caption. In witness whereof, I have hereunto set my hand of office this 9th day of April, 2021. F%JW________ PEGGY TSUJIMOTO, CSR #5229 58 EXHIBIT G 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, DECLARATION OF RAYMOND G. ETZO VS. COLE HAAN LLC; DOES 1-10 Defendants. I, Ray Etzo, declare as follows: 1. I am over the age 0f eighteen and am not a party t0 the litigation herein. I am the Vice President for Retail for Cole Haan LLC (hereinafter “Cole Haan”) and have held this position since March 2013. My business address is 150 Ocean Road, Greenland, NH 03840. Imake this declaration based upon personal knowledge and, if called upon, I would competently testify as t0 the matters set forth herein. 2. In my capacity as Vice President for Retail for Cole Haan, Ihave access t0 and am familiar With documents and file materials related t0 incidents and/or injuries occurring within the Cole Haan retail locations in the State 0f California. 3. In preparation 0f this Declaration, I reviewed the Complaint 0f Plaintiff, Lin Li. Based upon my review 0f the Complaint, it is my understanding that 0n October 7, 2017, Plaintiff 1 DECLARATION OF RAYMOND G. ETZO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 was injured when a shoebox, dislodged by another customer, struck Plaintiff while she was trying on shoes at the Cole Haan store located the Great Mall of Milipitas (447 Great Mall Drive, Space 546, Milipitas, CA) (hereinafter “Cole Haan Store”). 4. Cole Haan retail personnel are trained to prepare an incident report for any incident involving an employee and/or non-employee that occur within any Cole Haan retail location. A11 incident reports prepared by Cole Haan employees are sent t0 Cole Haan’s main office in New Hampshire Via email and retained by Cole Haan. 5. In preparation for this declaration, IreViewed all incident reports that were retained at Cole Haan’s main office for the time period 0f October 7, 2007 through October 7, 2017 that involve incidents originating from all Cole Haan retail locations in the State of California, including the Cole Haan Store. The below testimony is based 0n my thorough review 0f the aforementioned incident reports: 6. Other than Plaintiff s incident, there have been n0 other known incidents at any Cole Haan location in the State 0f California involving a customer being struck by a falling shoebox. 7. Cole Haan is aware 0f only one other incident in the past 10 years 0f an individual being struck by a falling shoebox. That incident occurred 0n September 2, 2015, wherein an employee, while walking with shoeboxes in her hands, accidently dropped a shoebox she was carrying, which landed 0n a fellow employee. 8. Other than the incident 0f September 2, 2015 and Plaintiff s incident, Cole Haan is not aware of any other incidents in the State 0f California involving an individual being struck 0r injured by a shoebox. I declare under penalty 0f perjury under the laws of the State of California that the foregoing is true and correct, and that I could and would testify thereto as herein if called upon t0 d0 so, based upon my personal knowledge 0f the facts set forth herein. Executed 0n December 9, 2021 at Greenland, New Hampshire. FMMa/M5w By; Rayrhénd Etzo (Dec 9, 2021 09:04 EST) RAYMOND ETZO 2 DECLARATION OF RAYMOND G. ETZO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO C.C.P. Sections 1013 and 1013a I, the undersigned, hereby certify thatI am a citizen 0f the United States and over the age 0f eighteen; I work in the County 0f San Francisco, California, in which County the within mailing took place; and I am not a party to the subject case. My business address is One California Street, Suite 1150, San Francisco, California 941 1 1. On December 16, 2021, I served the Within INDEX OF EVIDENTIARY EXHIBITS SUPPORT OF COLE HAAN LLC’S MOTION FOR SUMNIARY ADJUDICATION D BY MAIL: by placing in an envelope(s) sealed, with postage thereon fully prepaid, and following the ordinary business practices 0f this law firm, placed said envelope(s) for collection and mailing to the parties to the within action, at San Francisco, California, addressed as follows. D BY FACSIMILE: by transmitting Via facsimile to the fax number(s) as set forth below. D BY OVERNIGHT MAIL: by sending a true copy thereof enclosed in a sealed envelope Via priority overnight mail, addressed as set forth below. E BY E-MAIL OR ELECTRONIC TRANSMISSION: by sending t0 the respective e-mail address(es) 0f the party(ies) as stated 0n the below. Idid not receive, Within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessful. X. Young Lai Law Offices 0f X. Young Lai 111 N. Market Street Suite 300 San Jose, CA 951 13 E-mail: gagelegal@gmail.com For: Lin Li, Plaintiff(s) I declare under penalty of perjury, under the laws 0f the State 0f California, that the foregoing is true and correct. Executed this 16th day 0f December, 2021, at San Francisco, California. Jessica Haguisan 2 INDEX OF EVIDENTMRY EXHIBITS SUPPORT OF COLE HAAN LLC’S MOTION FOR SUMMARY ADJUDICATION