Vartanian, Vartan 2017-06-27 (CT) PDF

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1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 1 APPEARANCES:

2 COUNTY OF LOS ANGELES - NORTH CENTRAL DISTRICT 2
3 3 FOR PLAINTIFF T.S.:
4 T.S., by and through her guardian )
4 THE HOMAMPOUR LAW FIRM
ad litem, Laurel Carini; A.E., )
5 by and through her guardian ad )
BY: ARASH HOMAMPOUR, ESQ.
litem, Karin Levitas; and E.R., ) 5 DANIELLE LINCORS, ESQ.
6 by and through her guardian ad ) 15303 Ventura Boulevard
litem, Dawn Arnemann, ) 6 Suite 1450
7 ) Sherman Oaks, California 91403
Plaintiffs, ) 7 (323) 658-8077
8 ) arash@homampour.com
vs. ) Case No. BC615438 8 danielle@homampour.com
9 )
9
VARTAN BART VARTANIAN, an ) Volume I
10 individual; TOYOTA MOTOR )
10 FOR PLAINTIFF A.E.:
CORPORATION; TOYOTA MOTOR NORTH ) 11 KILPATRICK, TOWNSEND & STOCKTON, LLP
11 AMERICA, INC.; TOYOTA MOTOR ) BY: EMIL W. HERICH, ESQ.
ENGINEERING & MANUFACTURING ) 12 9720 Wilshire Boulevard
12 NORTH AMERICA, INC.; TOYOTA ) Penthouse Suite
MOTOR SALES, U.S.A., INC.; HERTZ ) 13 Beverly Hills, California 90212
13 VEHICLES, LLC; DENSO CORPORATION; ) (310) 248-3830
DENSO INTERNATIONAL AMERICA, ) 14 eherich@kilpatricktownsend.com
14 INC.; CTS CORPORATION; and DOES )
15
)
15 1 through 10, inclusive, ) 16
Defendants. ) 17 FOR PLAINTIFF E.R.:
16 ___________________________________) 18 LARSON, GARRICK & LIGHTFOOT, LLP
17 BY: MARY P. LIGHTFOOT, ESQ.
18 19 801 South Figueroa Street
19 VIDEOTAPED DEPOSITION OF VARTAN BART VARTANIAN Suite 1750
20 Sherman Oaks, California 20 Los Angeles, California 90017
21 Tuesday, June 27, 2017
(213) 404-4100
22
21 mlightfoot@lgl-law.com
23
24 Reported by: Colleen McGovern 22
CSR No. 10360 23
25 NDS Job No.: 189420 24
1 25
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1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 1 APPEARANCES (Continued):
2 COUNTY OF LOS ANGELES - NORTH CENTRAL DISTRICT 2
3
4 T.S., by and through her guardian ) 3 FOR PLAINTIFF VARTAN BART VARTANIAN:
ad litem, Laurel Carini; A.E., ) 4 LAW OFFICES OF MICHAEL J. RAND
5 by and through her guardian ad ) BY: MICHAEL J. RAND, ESQ.
litem, Karin Levitas; and E.R., ) 5 15760 Ventura Boulevard
6 by and through her guardian ad ) Seventh Floor
litem, Dawn Arnemann, )
7 ) 6 Encino, California 91436
Plaintiffs, ) (818) 783-3300
8 ) 7 michael@randlaw.org
vs. ) Case No. BC615438 8
9 )
9
VARTAN BART VARTANIAN, an ) Volume I
10 individual; TOYOTA MOTOR ) 10 FOR DEFENDANT VARTAN BART VARTANIAN:
CORPORATION; TOYOTA MOTOR NORTH ) 11 TSENG & ASSOCIATES
11 AMERICA, INC.; TOYOTA MOTOR ) BY: KEITH W. MORETON, ESQ.
ENGINEERING & MANUFACTURING ) 12 25 West Rolling Oaks Drive
12 NORTH AMERICA, INC.; TOYOTA )
Suite 211
MOTOR SALES, U.S.A., INC.; HERTZ )
13 VEHICLES, LLC; DENSO CORPORATION; ) 13 Thousand Oaks, California 91361
DENSO INTERNATIONAL AMERICA, ) (805) 370-1622
14 INC.; CTS CORPORATION; and DOES ) 14 tsenglaw@lawyer.com
) 15
15 1 through 10, inclusive, )
16
Defendants. )
16 ___________________________________) 17 FOR PLAINTIFF HERIBERTO EDDIE RAVELO, JR.:
17 18 VAZIRI LAW GROUP
18 BY: STEFANO G. FORMICA, ESQ.
19 VIDEOTAPED DEPOSITION OF VARTAN BART VARTANIAN, 19 9454 Wilshire Boulevard
taken on behalf of the Plaintiffs, at 15303
20 Ventura Boulevard, Sherman Oaks, California,
Suite 830
commencing at 10:34 a.m. and ending at 6:36 20 Beverly Hills, California 90212
21 p.m., on Tuesday, June 27, 2017, before Colleen (310) 777-7540
McGovern, RPR, and Certified Shorthand Reporter 21 sformica@vazirilaw.com
22 No. 10360. 22
23
24
23
25 24
2 25
[6/27/2017] Vartanian, Vartan 2017-06-27 Pages 1 - 4

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1 APPEARANCES (Continued): 1 INDEX (CONTINUED)
2
3 FOR DEFENDANTS TOYOTA MOTOR CORPORATION; TOYOTA 2
MOTOR NORTH AMERICA, INC.; TOYOTA MOTOR ENGINEERING 3
4 & MANUFACTURING NORTH AMERICA, INC.; TOYOTA MOTOR 4 QUESTIONS INSTRUCTED NOT TO ANSWER
SALES, U.S.A., INC.:
5 5 Page Line
BOWMAN AND BROOKE, LLP 6 125 18
6 BY: ANNE O. HANNA, ESQ.
7 312 8
1741 Technology Drive
7 Suite 200 8
San Jose, California 95110 9
8 (408) 279-5393
anne.hanna@bowmanandbrooke.com
10
9 11
10 FOR DEFENDANT HERTZ VEHICLES, LLC: 12
11 FORD, WALKER, HAGGERTY & BEHAR, LLP
BY: NICOLE R. CARROLL, ESQ. 13 QUESTIONS MARKED
12 One World Trade Center 14 (None)
Twenty-Seventh Floor 15
13 Long Beach, California 90831
(562) 983-2500 16
14 ncarroll@fwhb.com 17
15
18
16
17 ALSO PRESENT: 19
18 CRAIG SCHUMACHER, The Videographer 20
19
20
21
21 22
22 23
23
24
24
25 25
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1 INDEX 1 SHERMAN OAKS, CALIFORNIA
2 WITNESS PAGE
3 VARTAN BART VARTANIAN 2 TUESDAY, JUNE 27, 2017
4 Examination by Mr. Homampour 9, 289, 319 3 10:34 A.M.
5 Examination by Ms. Lightfoot 85, 298 4
6 Examination by Ms. Hanna 110
7 Examination by Ms. Carroll 241, 312
5 THE VIDEOGRAPHER: Good morning. We are
8 Examination by Mr. Herich 284 6 on the record at 10:34 A.M., June 27, 2017, for the
9 Examination by Mr. Moreton 321 7 videotaped deposition of Vartan Vartanian. We are
10
11
8 taping this deposition at 15303 Ventura Boulevard in
12 9 Sherman Oaks, California, in the action entitled
13 EXHIBITS 10 T.S. versus Vartan Vartanian, Case No. BC615438.
14 MARKED DESCRIPTION PAGE
11 My name is Craig Schumacher. I am the
15 Exhibit 3 Traffic Collision Report 23
16 Exhibit 5 Color photographs 75 12 video production specialist from Network Deposition
17 Exhibit 8 Plaintiff T.S.'s Notice of 86 13 Services located in Century City, California. This
Continued Deposition of Defendant
14 is DVD No. 1 of Volume 1.
18 Vartan Bart Vartanian and Request
for Production of Documents 15 Would counsel please identify yourselves
19 16 for the record.
Exhibit 9 Large color photographs 44
17 MR. HOMAMPOUR: Arash Homampour for
20
Exhibit 10 No. 20 color photograph 18 Plaintiff T.S.
21 19 MS. LINCORS: Danielle Lincors for
Exhibit 11 Declaration of Vartan Vartanian 236 20 Plaintiff.
22 Re First Amended Complaint -
cover page only 21 MS. LIGHTFOOT: Mary Lightfoot on behalf
23 22 of E.R., a minor.
Exhibit 12 Hertz agreement 262 23 MR. FORMICA: Stefano Formica on behalf of
24
Exhibit 13 Google photograph 272 24 Plaintiff Ravelo.
25 25 MS. HANNA: Anne Hanna for the Toyota
Page 9 Page 11
1 defendants. 1 confused, you want to talk to your attorneys,
2 MS. CARROLL: Nicole Carroll for Hertz. 2 whatever the reason is, you just let me know and
3 MR. HERICH: Emil Herich for the plaintiff 3 I'll let you take a break.
4 A.E. 4 Understood?
5 MR. RAND: Michael Rand for Plaintiff 5 A. Understood.
6 Vartan Vartanian. 6 Q. There are a lot of people here. You have
7 MR. MORETON: Keith Moreton for Defendant 7 to wait until I complete my question before you
8 Vartan Vartanian. 8 start your answer. It's important we don't speak
9 THE REPORTER: Sir, could you raise your 9 over each other. Okay?
10 right hand, please. 10 A. Understood.
11 Do you solemnly state that the testimony 11 Q. So the other attorneys here have a right
12 you're about to give in the following deposition 12 to object to my questions. If you hear them start
13 will be the truth, the whole truth, and nothing but 13 to speak, hold off on answering. Let everyone state
14 the truth, so help you God? 14 their objections and then go ahead and answer unless
15 THE WITNESS: I do. 15 your attorneys tell you not to answer. Okay?
16 16 A. Okay.
17 VARTAN BART VARTANIAN, 17 Q. At the conclusion of the deposition, a
18 having been first duly sworn 18 booklet will be prepared. It will have all of our
19 by the reporter, was examined 19 questions and answers and -- our questions and your
20 and testified as follows: 20 answers, and you'll have an opportunity to review
21 21 your testimony and make sure it's complete and
22 EXAMINATION 22 accurate.
23 BY MR. HOMAMPOUR: 23 You'll sign it under penalty of perjury.
24 Q. Could you state your full name for the 24 Do you understand that?
25 record, sir. 25 A. Correct.
Page 10 Page 12
1 A. Vartan Bart Vartanian. 1 Q. And you'll have a right to make whatever
2 Q. Mr. Vartanian, have you had your 2 changes you feel are necessary.
3 deposition taken before? 3 Do you understand that?
4 A. Negative. 4 A. Yes.
5 Q. Okay. Let me go over some basic ground 5 Q. It's just that, if you make a change at a
6 rules so that you understand today's process. Okay? 6 later date, the attorneys can comment upon that.
7 First, if you don't understand any 7 Do you understand that?
8 question that's being asked of you, if a word that 8 A. Yes.
9 we're using doesn't make sense or the question 9 Q. So the best approach for you is like take
10 doesn't make sense, please do not be shy or bashful. 10 all the time you need and try and think before you
11 Let us know that you don't understand. 11 respond to our questions. Okay?
12 Understood? 12 A. Okay.
13 A. Uh-huh. 13 Q. If, during today's deposition, you realize
14 Q. Because if the attorneys ask you a 14 that an answer you gave earlier is incorrect, let us
15 question, you don't tell us you didn't understand it 15 know and we'll let you correct or amend your earlier
16 and later you try and say you didn't understand it, 16 answer. Okay?
17 the attorneys may say, well, they gave you a chance 17 A. Okay.
18 to let us know. 18 Q. So you may say the Prius was pink and then
19 So seriously, if something we're saying 19 realize, well, no, the Prius wasn't pink. It was
20 doesn't make sense, and that means all the attorneys 20 black. Let me fix that.
21 here, you let us know before answering. Okay? 21 Do you understand?
22 A. Okay. Sounds good. 22 A. Correct.
23 Q. For my questioning, if you need to take a 23 Q. Let us know before you conclude the
24 break at any time for any reason, just let me know. 24 deposition. Okay?
25 I'll let you take a break. So if you are tired, 25 A. Okay.
Page 13 Page 15
1 Q. And, you know, there was a lot of laughing 1 Q. Had you ever rented a vehicle from that
2 going on before this started, a little lighthearted, 2 Hertz before?
3 but I think we all know this is an extraordinarily 3 A. Yes.
4 traumatic event. 4 Q. Okay. Where is this Hertz location?
5 A. It was. 5 A. Sepulveda and Nordhoff.
6 Q. And probably still with you. So I'm not 6 MS. HANNA: And what?
7 trying to be insensitive. I don't think anyone 7 THE WITNESS: Nordhoff.
8 wants to be insensitive to you. If it gets too 8 MR. RAND: Keep your voice up.
9 rough, let us know and we'll take a break. Okay? 9 THE WITNESS: Nordhoff.
10 A. Okay. 10 BY MR. HOMAMPOUR:
11 Q. All right. 11 Q. Nordhoff. I think it's N-o-r-d-o-f-f.
12 THE VIDEOGRAPHER: Sir, I really need you 12 A. Correct.
13 to speak up for us. 13 Q. Okay. How many times had you rented
14 THE WITNESS: Okay. 14 vehicles at Sepulveda and Nordhoff?
15 MR. HERICH: I'm a little hard of hearing. 15 A. Probably twice from that location.
16 So you if could speak up a little bit, I'd 16 Q. Were you a Hertz member?
17 appreciate it. 17 A. Yes.
18 THE WITNESS: Okay. I will try my best. 18 Q. Okay. So you had a preexisting account
19 BY MR. HOMAMPOUR: 19 with Hertz?
20 Q. So you know we're here because there was 20 A. Account, yes.
21 an incident on June 4, 2015, involving you driving a 21 Q. How many times had you rented vehicles
22 Prius? 22 approximately from Hertz before you rented the
23 A. Correct. 23 subject Prius on June 4, 2014?
24 Q. Okay. 24 MR. MORETON: Ever or at that facility?
25 MS. RAND: 2015? 25 ///
Page 14 Page 16
1 MR. HOMAMPOUR: '15. What did I say? 1 BY MR. HOMAMPOUR:
2 MS. HERICH: '14. 2 Q. Yeah, ever. Ever. Let me ask it again.
3 MR. HOMAMPOUR: '15. Sorry. June 4, 3 Just the best estimate as to the number of times
4 20 -- 4 that you had rented a vehicle from Hertz before the
5 MS. HANNA: '14. 5 June 4, 2014, rental of the subject Prius.
6 MR. HOMAMPOUR: '14. Sorry. Okay. 6 A. More than 10, less than 20.
7 That's my bad. 7 Q. When you went in on the morning of the
8 MR. RAND: That was a good beginning. All 8 incident to rent a vehicle, did you know you were
9 right. So listen carefully to what he's saying. 9 going to get a Prius or they offered you a Prius?
10 MR. HOMAMPOUR: I tried to trick you in 10 A. They offered me a Prius.
11 the year of the -- 11 Q. So you walked in -- or strike that.
12 MR. RAND: Don't just agree because he's 12 A. Did you phone in or walk in to make the
13 saying something. Listen carefully. 13 request?
14 BY MR. HOMAMPOUR: 14 A. Actually, they picked me up.
15 Q. And my understanding is you were operating 15 Q. Okay. Where did they pick you up?
16 a Prius that you had rented from a Hertz? 16 A. From my residence.
17 A. Correct. 17 Q. And where was your residence?
18 Q. Okay. And when did you first rent that 18 A. 11936 Magnolia Boulevard, Valley Village,
19 Prius? 19 California 91607.
20 A. That morning. 20 Q. Sir, you're wearing an eye patch?
21 Q. Okay. And around what time approximately? 21 A. Correct.
22 A. I would have to guess. Maybe around 22 Q. I can see that. And is that because of a
23 10:30. 23 medical condition?
24 Q. Had you ever rented a Prius before? 24 A. Yes.
25 A. Never. 25 Q. And just in brief terms, explain to me why
Page 17 Page 19
1 you're wearing an eye patch. 1 Q. Do you know Musho's last name?
2 A. I have -- basically it's a blank canvas. 2 A. I don't.
3 I have two small spots that light still comes 3 Q. Had you rented before through Musho at the
4 through. And when I have it off, I mean, I can show 4 Hertz facility?
5 you. It's nothing wrong with eye. However, at this 5 A. Yes, I had.
6 point now, this is skewed. So it is trying to 6 Q. On how many occasions before this previous
7 decipher between the two eyes and it gives me a 7 rental approximately?
8 migraine after a while. So until this eye is 8 A. As I stated before, between 10 or 20
9 completely dead, I'm forced to wear this. 9 times.
10 Q. And at the time -- well, strike that. 10 MR. RAND: You need to keep your voice up,
11 What is your understanding as to the 11 sir.
12 medical condition that you have that resulted in 12 THE WITNESS: 10 to 20 times.
13 that eye issue that you have today, if you know? 13 BY MR. HOMAMPOUR:
14 A. I still don't know. 14 Q. So Musho picks you up, drives you over to
15 Q. Okay. At the time of the incident, did 15 the Hertz facility at Sepulveda and Nordhoff?
16 you have any similar issue with your eye that you 16 A. Correct.
17 have today? 17 Q. And then what happens from that point to
18 A. Negative. 18 the point that you get the Prius assigned to you?
19 Q. Okay. 19 A. The vehicle was unavailable.
20 MR. HERICH: That was a negative you said? 20 Q. I'm sorry. Let me interrupt you. The
21 THE WITNESS: Correct. 21 vehicle, what vehicle was unavailable?
22 BY MR. HOMAMPOUR: 22 A. Whichever car I was going to rent was not
23 Q. Are you under any medication that you're 23 there.
24 aware of that would affect your ability to give us 24 Q. Okay. So let me stop you there. Were you
25 your best testimony today? 25 originally going to rent a different vehicle?
Page 18 Page 20
1 A. Negative. 1 A. No. I was just going to rent a vehicle.
2 Q. Okay. Is there anything significant going 2 But when I arrived, they said your vehicle is not
3 on in your life right now that would affect your 3 ready yet.
4 ability to give us your best testimony? 4 Q. Okay.
5 A. Negative. 5 A. So they had to be brought over from
6 Q. Okay. So you're ready to proceed? 6 another location.
7 A. Correct. 7 Q. Okay. And then what happened?
8 Q. So you call Hertz. They come pick you up. 8 A. Then the car came and extremely dirty.
9 And at the time they picked you up, did you know 9 Cigarette ashes inside, outside, dirty, mud. I said
10 what car you were getting? 10 I can't take this car like this. And they said it's
11 A. No. 11 okay, we can get you a voucher, you can go next door
12 Q. You know, another thing. I'm not 12 to the car wash and have it cleaned.
13 expecting you to memorize every single detail. So 13 Q. When you're describing these
14 it's perfectly fine to say "I don't remember" or 14 conversations, are they with Musha or Musho and
15 "no." "No" means "no" under penalty of perjury. "I 15 others?
16 don't remember" means "I don't remember." So just 16 A. Musho.
17 remember that. All right? 17 Q. Okay.
18 Who picked you up? 18 A. At the time.
19 A. A Hertz employee. 19 Q. And what was Musho's title, if you
20 Q. Do you remember the name of this person? 20 understood what his title was at the time?
21 A. Musho. M-u-s-h-o. 21 A. I believe he was the manager at the time.
22 Q. Had you worked with Musho before this day? 22 Q. Just recap. You arrive at the facility.
23 A. Yes, I have. 23 They tell you your vehicle isn't available.
24 Q. Is this a man or a woman? 24 Sometime later the vehicle arrives and it's the
25 A. Man. 25 subject Prius?
Page 21 Page 23
1 A. Correct. 1 A. White.
2 Q. And the subject Prius is dirty? 2 MR. MORETON: Just answer the question.
3 A. Correct. 3 BY MR. HOMAMPOUR:
4 Q. And they give you a voucher to clean it? 4 Q. Did you recall anything else -- well,
5 A. Correct. 5 strike that.
6 Q. Okay. Did anyone do an inspection of the 6 Did Hertz disclose to you that the Prius
7 Prius with you? 7 had been in a prior accident or say anything about
8 MS. CARROLL: Objection. Vague and 8 prior accidents to you?
9 ambiguous. 9 A. Negative.
10 BY MR. HOMAMPOUR: 10 Q. Okay.
11 Q. Let me back up. 11 MR. HERICH: That's no?
12 A. No walk -- 12 THE WITNESS: No.
13 Q. Hold on. Did anyone from Hertz conduct 13 BY MR. HOMAMPOUR:
14 any form of visual or other internal inspection of 14 Q. Let me show you Exhibit No. 3.
15 that Prius before you were given the keys? 15 (The document referred to was
16 MS. CARROLL: Same objection. Lacks 16 subsequently marked by the Court
17 foundation and calls for speculation. 17 Reporter as Plaintiff's Exhibit
18 THE WITNESS: If you're referring to a 18 3 for identification and is
19 walk-around, no. 19 attached hereto.)
20 BY MR. HOMAMPOUR: 20 MR. HOMAMPOUR: I don't have copies for
21 Q. Okay. Had you operated a Prius before? 21 everybody. Do you guys have the copy?
22 A. One time. 22 MS. HANNA: Yeah. What is it?
23 Q. For how many days or hours or minutes had 23 MR. HOMAMPOUR: The Traffic Collision
24 you operated a Prius -- you have to hold on, sir. 24 Report.
25 For how many days, hours, or minutes had 25 MS. HANNA: Was Exhibit 3 the Andrachick?
Page 22 Page 24
1 you operated a Prius before the subject Prius on the 1 MR. HOMAMPOUR: Yeah. Who really needs
2 day of the incident? 2 it? No one. Okay. Do you need it or you got it?
3 A. 20 minutes before. 3 MR. HERICH: Everyone's got it.
4 Q. Where did you drive that Prius? 4 BY MR. HOMAMPOUR:
5 A. I went to Home Depot and came back. 5 Q. Okay. So do you remember giving
6 Q. Was it a friend's Prius? 6 statements to various police officers or CHP
7 MR. HERICH: What was that? I'm sorry. 7 officers at the scene?
8 THE WITNESS: Went to Home Depot and drove 8 A. Yes.
9 back again. 9 Q. About this incident? Let me ask you
10 BY MR. HOMAMPOUR: 10 something. Have you -- strike that.
11 Q. When was this? 11 Have you reviewed the traffic collision
12 A. This was about a year ago, prior to that. 12 report?
13 Q. So in approximately 2013 you drove 13 A. No, I have not.
14 somebody else's Prius to Home Depot and back for 14 Q. Okay. Are you aware right now of anything
15 about 20 minutes? 15 that's -- any errors in terms of statements
16 A. Correct. 16 attributable to you?
17 Q. Did you use the freeway? 17 MS. LIGHTFOOT: Objection. Calls for
18 A. No. 18 speculation.
19 Q. Whose Prius was it? 19 MR. MORETON: Objection. Attorney-client
20 A. An acquaintance. 20 privilege.
21 Q. What kind of Prius? What year and model? 21 BY MR. HOMAMPOUR:
22 A. I don't know. 22 Q. No, no. I'm not asking anything your
23 Q. Okay. 23 attorney said. Never mind. Let's just go through
24 A. I know the color. 24 it. I want to go through some of the stuff that you
25 Q. What was the color? 25 said in the Traffic Collision Report. Can you go to
Page 25 Page 27
1 Page 17 in the upper right. Are you able to read, 1 that the batteries may need to charge so the engine
2 sir? 2 will run until then?
3 A. Yes. 3 A. Correct.
4 Q. Okay. So if you go to the first complete 4 MS. CARROLL: Same objections.
5 paragraph from the bottom, it says "while speaking 5 BY MR. HOMAMPOUR:
6 with." Okay? Can you read that first sentence to 6 Q. And the Hertz employee was who?
7 yourself. To yourself, not out loud. 7 A. Musho.
8 MR. MORETON: Just the first sentence. 8 Q. Musho or Musha?
9 BY MR. HOMAMPOUR: 9 A. It's M-u-s-h-o. That's what we all call
10 Q. Well, actually, read the whole paragraph. 10 him. That's what the clients call him. But his
11 Go ahead. 11 true full name is Mushed.
12 A. Okay. 12 Q. Okay. So let's spell that.
13 Q. All right. I want to back up and just 13 A. Oh, I don't know how to spell that.
14 clean up one issue. Strike that. 14 Q. Oh, Mushad?
15 At the time of the incident, were you -- 15 A. Mushed.
16 did you have any medical condition that you were 16 Q. Mushed. What nationality is that?
17 aware of that would impact your ability to drive? 17 A. He's Armenian.
18 A. Negative. 18 Q. Armenian. Do you know his last name?
19 Q. Okay. Did you have a requirement to wear 19 A. I don't know it.
20 glasses while driving, some form of restriction? 20 Q. Is he still at Hertz as far as you know?
21 A. Negative. 21 A. As far as I know.
22 Q. Okay. So back to this statement that's in 22 Q. While we're here, you related that the
23 the police report, is this accurate in terms of what 23 engine was running up until the time of the
24 you remember telling the officers at the scene? 24 collision. Is that a true statement, meaning that,
25 MR. MORETON: Excuse me. That's a little 25 when you first encountered the Prius, the engine was
Page 26 Page 28
1 overbroad. 1 on? Until this collision happened, the engine was
2 MR. HOMAMPOUR: Okay. Let's go sentence 2 on?
3 by sentence. How about this? 3 A. Correct.
4 MR. MORETON: Are you referring to the 4 MS. HANNA: Objection. Leading.
5 whole paragraph? 5 MS. CARROLL: Join.
6 MR. HOMAMPOUR: No. Let's start over. 6 BY MR. HOMAMPOUR:
7 MR. MORETON: That's unfair. 7 Q. Did you ever turn the vehicle off at any
8 BY MR. HOMAMPOUR: 8 point in time from the time you entered the vehicle
9 Q. Do you remember that, when you left Hertz 9 up until the initial impact with the children in the
10 you heard the engine of the Prius running and you 10 street?
11 recall that when you drove your friend's Prius, it 11 A. Negative.
12 didn't make any sound at low speed? 12 Q. In the report it states that you related
13 A. Correct. 13 that, when you left Hertz, "the brake pedal would go
14 Q. So did you communicate that to the Hertz 14 at least three quarters of the way down before the
15 employees? 15 brakes would engage and then it was like a panic
16 A. Yes, I did. 16 stop."
17 Q. Okay. So it was something odd to you? 17 Is that what you told the officers?
18 MS. HANNA: Objection. Leading. 18 A. Correct.
19 MS. CARROLL: Join. And it's vague. 19 MS. HANNA: Late objection. Objection.
20 BY MR. HOMAMPOUR: 20 Assumes facts not in evidence. Lacks foundation.
21 Q. Well, strike that. Why did you report 21 I'm just -- Arash, it had to do with the beginning
22 that issue to the Hertz employee? 22 of your question.
23 A. Because the previous one that I had driven 23 BY MR. HOMAMPOUR:
24 didn't make any noise. 24 Q. Well, one more time. Did you tell the
25 Q. And did the Hertz employee say back to you 25 officers what -- the sentence in the traffic
Page 29 Page 31
1 collision report, that when you left Hertz, "the 1 any other issues that you raised with Hertz before
2 brake pedal would go at least three quarters of the 2 you left the Hertz facility?
3 way down before the brakes would engage and then it 3 A. Negative.
4 was like a panic stop"? 4 Q. Did Hertz say anything else to you about
5 A. Yes. 5 the car before you left? Strike that.
6 Q. Okay. Did this happen at the Hertz 6 Did you have any other discussions with
7 facility or after the Hertz facility? 7 Hertz about the Prius before you left?
8 A. At the Hertz facility. 8 A. Negative.
9 Q. Okay. Did you report this to Hertz? 9 MR. MORETON: None that you can recall?
10 A. Yes. 10 THE WITNESS: Not that I recall. Yeah.
11 Q. Did you report this to Musho? 11 Right.
12 A. Yes. 12 BY MR. HOMAMPOUR:
13 Q. And what did Hertz say back to you? 13 Q. Did you believe that the Prius was safe to
14 A. They said everything's fine, it's got new 14 operate once you left the Hertz facility?
15 brakes. Actually, he said it's been serviced is 15 A. I think so.
16 what the phrase was. 16 MS. LINCORS: Objection. Lacks
17 Q. Okay. 17 foundation. Calls for speculation.
18 MS. HANNA: Can you repeat that answer. I 18 MS. HANNA: Join.
19 didn't hear. 19 THE WITNESS: I believe so.
20 MR. HOMAMPOUR: He said it's serviced. 20 BY MR. HOMAMPOUR:
21 I'll clarify. 21 Q. Okay. Would you have taken the Prius if
22 Q. So just to make sure we understand, you 22 you had -- strike that.
23 reported to Musho at -- strike that. 23 If you had known the brakes may not work
24 You reported to Hertz that the brake pedal 24 while operating the Prius, would you have taken the
25 would go at least three quarters of the way down 25 Prius off the lot?
Page 30 Page 32
1 before the brakes would engage. And Hertz, 1 A. No.
2 Mr. Musho, reported back to you the car had just 2 MS. HANNA: Objection. Incomplete
3 been serviced? 3 hypothetical. Lacks foundation. Assumes facts not
4 A. Correct. 4 in evidence.
5 Q. Did he give you any details as to when or 5 MS. CARROLL: Join.
6 where it had been serviced? 6 THE WITNESS: Negative.
7 A. Negative. 7 BY MR. HOMAMPOUR:
8 Q. Were there any service records that you're 8 Q. When you say "negative," that means no?
9 aware of in the vehicle? 9 A. No.
10 A. Negative. 10 Q. Did you make any stops from the moment you
11 Q. Did you look for them? 11 left the Hertz facility up until the impact with the
12 A. I didn't look for them. I don't know if 12 young kids?
13 they were in there. 13 MS. HANNA: Objection. Vague and
14 Q. Okay. What the -- when you used the 14 ambiguous.
15 phrase "panic stop," what does that mean? 15 THE WITNESS: Yes.
16 A. Abruptly. You know, usually when you step 16 BY MR. HOMAMPOUR:
17 on the brake, it's slowly, you know, engaging. This 17 Q. Okay. Where did you stop?
18 would be more of a come to a halt. 18 A. I stopped at the car wash.
19 Q. Other than the brakes and the sound of the 19 Q. And this is the car wash where?
20 engine running, were there any other issues you 20 A. It's directly next door adjacent to the
21 recall bringing to the attention of Hertz before you 21 Hertz facility.
22 left the Hertz facility? 22 Q. So do you recall any other substantive
23 A. It being dirty. 23 conversations about the Prius before you left the
24 Q. Okay. Other than it being dirty, the 24 Hertz facility?
25 brakes, and the sounds of the engine, do you recall 25 MS. CARROLL: Asked and answered.
Page 33 Page 35
1 THE WITNESS: I don't understand the 1 A. No.
2 question. 2 Q. You just stopped to make a phone call?
3 BY MR. HOMAMPOUR: 3 A. Correct.
4 Q. Sure. Were there any other conversations 4 Q. Did you stop your vehicle at the gas
5 about the Prius that you had with Hertz before you 5 station or did you -- strike that.
6 left? 6 A. It was running.
7 MS. CARROLL: Asked and answered. 7 Q. Okay. Did you keep your vehicle -- did
8 THE WITNESS: Negative. No. 8 you keep the subject Prius running at the gas
9 BY MR. HOMAMPOUR: 9 station?
10 Q. Did you leave the Prius when it went 10 A. Correct.
11 through the car wash or did you stay in the car when 11 MR. MORETON: Make sure you wait for him
12 it went through the car wash? 12 to finish his question.
13 A. No. I stepped out to -- it goes through 13 BY MR. HOMAMPOUR:
14 inside, comes out, and they dry it and then they 14 Q. And when you left the gas station, did you
15 hand you the keys. 15 make any other stops before the collision happened?
16 Q. And do you believe that the car was left 16 A. Negative.
17 on during the entire time that it went through the 17 Q. And where were you going at the time of
18 car wash? 18 the incident?
19 A. I don't know. 19 A. Home.
20 MS. HANNA: Objection. Calls for 20 Q. And that's the Magnolia Boulevard address?
21 speculation. 21 A. Yes.
22 MS. CARROLL: Join. 22 Q. From the time you drove out of the car
23 BY MR. HOMAMPOUR: 23 wash to the gas station, were there any issues with
24 Q. When you got into the car, did you have to 24 the subject Prius that you remember?
25 turn it on after it was cleaned by the car wash 25 A. No.
Page 34 Page 36
1 personnel? 1 Q. Do you remember the route you took from
2 A. I believe so. 2 the gas station at Sherman Way leading to the
3 Q. From the time you took the car -- strike 3 freeway and then to the exit?
4 that. 4 A. Yes.
5 From the time you took the subject Prius 5 Q. What was the route that you took?
6 from the Hertz lot to the car wash, any issues? 6 A. Sherman Way eastbound. 170 freeway south.
7 A. No. 7 MS. LIGHTFOOT: Can you read that back,
8 Q. Maximum speed that you reached from the 8 please.
9 point that you left the Hertz lot up until the car 9 MR. HOMAMPOUR: Well, I heard it.
10 wash? 10 (The record was read as follows:
11 A. Five miles an hour. 11 "Sherman Way eastbound. 170 freeway
12 Q. After you left the car wash, did you make 12 south.")
13 any stops before this collision happened? 13 BY MR. HOMAMPOUR:
14 A. Yes. 14 Q. And what exit did you take?
15 Q. Okay. What was the other stop that you 15 A. Magnolia.
16 made? 16 Q. How many times had you driven that route
17 A. I stopped at a gas station on Sherman Way, 17 heading down that exit before the day of the
18 made a brief phone call, and proceeded. 18 incident approximately?
19 MR. MORETON: You've answered the 19 A. Every day.
20 question, sir. 20 Q. For how many years?
21 BY MR. HOMAMPOUR: 21 A. Might have been at that location four
22 Q. Okay. The gas station is at Sherman Way 22 years.
23 and what? What general area? 23 Q. You had been at that location for four
24 A. Don't recall. Don't remember. 24 years and almost every day you would have driven
25 Q. Did you get gas? 25 down the southbound 170?
Page 37 Page 39
1 A. Almost. 1 speaking to, whether it was L.A.P.D. versus CHP, man
2 Q. Approximately? 2 versus woman?
3 A. Correct. 3 A. CHP, man. His name is Danny.
4 Q. Okay. Up until you are exiting the 170 at 4 Q. Danny? Okay.
5 the Magnolia exit, were there any issues you recall 5 A. From New York.
6 with the subject Prius? 6 Q. And then you told the -- do you remember
7 A. None that I recall. 7 telling Danny the CHP officer that you left it on
8 Q. If you look at the paragraph on Page 1 of 8 the EV setting?
9 the report, there's a discussion about three power 9 A. Correct.
10 modes. 10 Q. Do you know what the EV setting is?
11 A. Yes. 11 A. I presume it's electronic vehicle.
12 Q. And it says, while you were on the 12 Q. Other than that, any idea?
13 freeway, you pressed the power button, then the ECO 13 A. No.
14 mode, and didn't notice any change and finally hit 14 Q. The issue of the brakes going three
15 the EV button, which he assumed meant electric 15 quarters of the way down and then a panic stop, did
16 vehicle. 16 that issue come up while you were driving the
17 A. Yes. 17 subject Prius up until you get to the freeway exit?
18 Q. First, did you tell the officer that, 18 MR. MORETON: Objection. It's vague.
19 while you were on the freeway, you had pressed the 19 MS. HANNA: Join.
20 power button, then the ECO mode, and didn't notice 20 BY MR. HOMAMPOUR:
21 any change and then finally hit the EV button? 21 Q. Sure. After you left the Hertz lot and
22 A. Correct. 22 before your exiting the freeway, did you have an
23 Q. Okay. Anything happen to the operation of 23 issue with the brakes?
24 the vehicle when you were pressing the buttons? 24 A. No.
25 A. No change that I could tell. 25 Q. The first time you had an issue with the
Page 38 Page 40
1 Q. Were you just relating this as just 1 brakes was when you were exiting the Magnolia exit
2 information as to what you did with the Prius, not 2 of the 170 freeway?
3 any -- strike that. 3 MS. HANNA: Objection. Assumes facts not
4 Why did you mention that you had pressed 4 in evidence. Lacks foundation.
5 these buttons? 5 MS. CARROLL: Join.
6 A. I don't know. They were asking me. I 6 MR. HOMAMPOUR: You can answer.
7 answered. 7 MR. MORETON: Why don't we have the
8 Q. Do you remember which officer was 8 question again.
9 interviewing you to get this information? 9 BY MR. HOMAMPOUR:
10 A. I don't know the -- the initial officer, 10 Q. One more time. After you left the Hertz
11 the L.A.P.D. I don't -- I don't recall his name. 11 lot, the first time you had this issue with the
12 Q. For example, this paragraph that we're 12 brakes was when you were exiting the 170 freeway on
13 going over, do you remember who, whether it was a 13 the Magnolia exit?
14 CHP or an L.A.P.D.? 14 MS. HANNA: Same objection.
15 A. This would be a CHP officer. 15 MR. MORETON: Objection. Vague and
16 Q. I'm not asking you to infer. I'm asking 16 ambiguous.
17 you what you actually remember. Do you understand 17 BY MR. HOMAMPOUR:
18 the difference? 18 Q. Is that true?
19 A. (Nods head.) 19 A. Partway. I mean --
20 Q. Yes? 20 MR. MORETON: Arash, it's confusing as to
21 A. Yes. 21 what issue you're referring to.
22 Q. Okay. So you may infer it's a CHP because 22 MR. HOMAMPOUR: Okay.
23 it's a CHP report, but I don't want you to infer. I 23 MR. MORETON: When you say "this issue."
24 want you to know what you remember. Let me ask you 24 BY MR. HOMAMPOUR:
25 a question. Do you actually remember who you were 25 Q. One more time. Did the brakes on the
Page 41 Page 43
1 subject Prius fail, causing you to hit these girls? 1 A. Yes.
2 A. Yes. 2 Q. Did you apply your brakes about halfway
3 Q. Okay. 3 down the ramp?
4 MS. HANNA: Objection. Vague and 4 MS. HANNA: Same objection. Leading.
5 ambiguous. Lacks foundation. Assumes facts not in 5 THE WITNESS: Yes.
6 evidence. 6 BY MR. HOMAMPOUR:
7 MS. CARROLL: Same objection and calls for 7 Q. Did the brakes work?
8 an expert opinion. 8 A. No.
9 MS. HANNA: And leading. 9 Q. In the statement it says you continued --
10 MR. RAND: He's a defendant. It's not 10 strike that.
11 leading. 11 You applied the brakes two more times to
12 BY MR. HOMAMPOUR: 12 pump them, but they still would not work; is that
13 Q. It's okay. You pushed the brakes to try 13 true?
14 and stop the Prius and what happened? 14 A. No.
15 MR. MORETON: Are you talking about -- at 15 Q. That statement's not true?
16 what point in time? 16 A. No.
17 BY MR. HOMAMPOUR: 17 Q. Okay. What -- did you apply your brakes?
18 Q. You know what? Never mind. All right. 18 A. Continuously.
19 Before you're exiting the 170 freeway on 19 Q. Okay. So the --
20 the Magnolia exit and you have this issue with the 20 MR. MORETON: Wait until he asks the
21 brakes, before that, did you have issues with the 21 question.
22 brakes, while you were on the freeway, for example? 22 BY MR. HOMAMPOUR:
23 A. No. 23 Q. So where it says, "he applied the brakes
24 Q. Okay. All right. Why don't we actually 24 two more times to pump them, but they still would
25 then go through the -- I'm going to get to -- 25 not work," you recall applying them continuously,
Page 42 Page 44
1 actually just jump to the incident right now. You 1 not just two times?
2 can go back to Page 15. And this is a statement you 2 A. Correct.
3 gave while you were at the hospital, at the bottom. 3 Q. Okay. Can you give me an estimate of how
4 I'm just going to go line by line. Okay, sir? 4 many times you applied the brakes or pushed on the
5 A. Okay. 5 brake pedal to stop before your -- the subject Prius
6 Q. You were south on the 170 exiting at 6 collide with the young girls?
7 Magnolia before this incident happened; is that 7 A. I would be guesstimating.
8 correct? 8 Q. At any time that you applied the brakes,
9 A. Correct. 9 did you feel any change in the speed of the Prius as
10 Q. As you were exiting, you activated your 10 a result of braking?
11 right turn signal and applied your brakes of the 11 A. Negative.
12 subject Prius about halfway down the ramp; is that 12 Q. And at some point in time, you were at the
13 correct? 13 bottom of the ramp with cars in both lanes ahead of
14 MS. HANNA: Objection. Leading. 14 you; is that correct?
15 MR. MORETON: He's reading from here. 15 A. Correct.
16 THE WITNESS: Okay. Yes. 16 Q. We'll mark -- these are photographs.
17 BY MR. HOMAMPOUR: 17 We're just going to mark them as 9. These are
18 Q. So the attorneys are objecting. So 18 Google photos. They're numbered. Oh, I'm sorry.
19 sometimes I have to restate my question. Okay? I'm 19 So, well, whatever, we'll call them 9.
20 not trying to harass you by repeating myself. I'm 20 (The documents referred to were
21 just restating it in a way that deals with the 21 subsequently marked by the Court
22 objection they stated. Okay? 22 Reporter as Plaintiff's Exhibit
23 A. Okay. 23 9 for identification and are
24 Q. So did you activate your right turn signal 24 attached hereto.)
25 as you were exiting? 25 MS. LIGHTFOOT: Distribute it?
Page 45 Page 47
1 MR. HOMAMPOUR: I mean, I don't have a 1 this. So we're relating in connection to the
2 lot, but -- 2 testimony. So foundation, too. The entire photos,
3 MR. HERICH: We can probably share them. 3 dates, and the scene at the time or whatever.
4 MR. HOMAMPOUR: Yeah. 4 THE WITNESS: I would be speculating.
5 MR. MORETON: See where this is? 5 BY MR. HOMAMPOUR:
6 BY MR. HOMAMPOUR: 6 Q. Okay. So look at photograph 10 within
7 Q. You know, what I'd like you to do first is 7 Exhibit 9, so in your statement you describe that
8 kind of look at the pictures. 8 there were cars in both lanes ahead of you and there
9 MR. RAND: This is where they came from. 9 are cars depicted in the Google Street View images.
10 BY MR. HOMAMPOUR: 10 Is that similar to what you saw when you were
11 Q. Can you orient yourself first? 11 driving down the 170 exit?
12 A. Yes. 12 MS. HANNA: Objection. Vague and
13 MR. MORETON: You want him to look at each 13 ambiguous. Lacks foundation. Assumes facts not in
14 of the pictures? 14 evidence.
15 BY MR. HOMAMPOUR: 15 MS. CARROLL: Join.
16 Q. Yeah, just orient yourself and then I'm 16 THE WITNESS: It's not the same.
17 going to ask you about some pictures that may be 17 BY MR. HOMAMPOUR:
18 able to show us what you're looking at. 18 Q. How is it different?
19 MR. RAND: Do you have another set? 19 A. There would be another vehicle here.
20 MR. HOMAMPOUR: No. 20 Q. Okay. I'm sorry. Yeah, no. I'm sorry.
21 Q. All right. Have you had a chance to look 21 Let me just be clear. In the Google Street View
22 at the photographs, Exhibit 9? 22 images that we have showing 170 Magnolia exit,
23 A. Yes. 23 there's a vehicle in -- there's two lanes ahead of
24 Q. And there are 16 photographs. They're 24 you; correct?
25 Google images. 25 A. Correct.
Page 46 Page 48
1 A. Right. 1 Q. And there's a vehicle in the left lane and
2 Q. You're oriented? 2 then a vehicle in the right lane?
3 A. Yes. 3 A. Correct.
4 Q. All right. So if we look at photograph 9, 4 Q. All right. Were there vehicles in the
5 internal photograph 9 of Exhibit 9, this would be 5 left and the right lane at the time you were driving
6 someone exiting southbound 170 freeway at the 6 down the 170 exit?
7 Magnolia exit? 7 A. There was one vehicle on the left, two
8 A. Correct. 8 vehicles on the right.
9 Q. Okay. So this is generally the view you 9 Q. Okay. And the one vehicle on the left,
10 would have as you're driving the subject Prius down10 would it be positioned generally where the vehicle's
11 the 170 exit at Magnolia? 11 positioned in the exhibit, internal exhibit
12 MS. HANNA: Objection. Vague and 12 photograph 10 to Exhibit 9?
13 ambiguous. 13 MR. MORETON: If you can tell.
14 THE WITNESS: Yes. 14 BY MR. HOMAMPOUR:
15 BY MR. HOMAMPOUR: 15 Q. Actually, withdraw that. Why don't you
16 Q. Okay. Can you tell us where on the 170 16 look at Exhibit 11, which is even more close up.
17 exit you first applied your brakes, approximately 17 I'm sorry. Exhibit 9, internal Page 11.
18 where your car would be positioned, if you can? 18 A. 9?
19 MR. MORETON: And if you can tell from 19 MR. MORETON: No. 11. 11.
20 this picture, which is -- 20 BY MR. HOMAMPOUR:
21 MS. HANNA: Objection. Asked and 21 Q. Look at photo 11 of Exhibit 9. Okay. So
22 answered. While he's thinking, I'm also going to 22 here we have a vehicle in the left lane and a
23 object to these photos. Lacks foundation and 23 vehicle in the right lane. Do you see that?
24 especially tying in with the questions because I 24 A. Yes.
25 don't know where the freeway is in connection to 25 Q. And you've already told us there was one
Page 49 Page 51
1 -- as far as you remember, there was one vehicle in 1 Q. Okay. So if we go back to internal
2 the left, but two on the right? 2 photograph of Exhibit 11 -- I mean -- I'm sorry.
3 A. Correct. 3 Strike that.
4 Q. Okay. And you could see the vehicles in 4 If we go to internal photograph 11 of
5 the right lane can either go straight, turn left, or 5 Exhibit 9, when you're driving down and you've
6 turn right. Do you see that? 6 already described the position of the cars, did you
7 A. Yes. 7 see kids crossing in the crosswalk?
8 MR. MORETON: The arrows. 8 A. Only on the right side.
9 BY MR. HOMAMPOUR: 9 Q. Okay. When you say only on the right
10 Q. The arrows. 10 side, what do you mean?
11 A. Yes. 11 A. They were walking from here, from east to
12 Q. In terms of the two vehicles in the right, 12 west towards the school.
13 do you remember where they were positioned? 13 Q. Okay. So they were walking from the --
14 A. One was closer to making a right. The 14 they were -- so there's a crosswalk depicted in the
15 other one was -- they were either going to go left 15 photograph.
16 or he was going to hop on the freeway across the 16 A. Okay.
17 street. 17 Q. Is that correct?
18 Q. Okay. So looking at internal photograph 18 A. Correct.
19 11 to Exhibit 9, as you were coming down the 19 Q. And there were kids walking in that
20 off-ramp, you see two vehicles on your right; 20 crosswalk from left to right of the photograph?
21 correct? 21 A. From left to right, yes.
22 A. Correct. 22 Q. Okay. And at this point in time, had you
23 Q. And what you saw was that -- or what you 23 applied your brakes?
24 thought was one vehicle was positioned such that it 24 A. I was pumping my brakes.
25 would turn right onto Magnolia; correct? 25 Q. And were they working?
Page 50 Page 52
1 A. Right. 1 A. No.
2 Q. And then one vehicle was in the right lane 2 Q. So did you find yourself in an emergency
3 positioned either to go straight or turn left onto 3 situation?
4 Magnolia? 4 A. Yes.
5 A. Correct. 5 Q. And do you agree it was sudden?
6 Q. And then there was a third vehicle to your 6 MS. HANNA: Objection. Leading.
7 left in the left turn lane, as we see in this 7 THE WITNESS: Yes.
8 photograph? 8 BY MR. HOMAMPOUR:
9 MS. HANNA: Objection. Misstates his 9 Q. And was it unexpected, meaning you had no
10 prior testimony. 10 reason to believe you'd be in this position where
11 BY MR. HOMAMPOUR: 11 you were applying your brakes and they wouldn't
12 Q. Is that correct? 12 work; correct?
13 A. Yes. 13 A. Yes.
14 Q. Okay. And if you go to the next page of 14 Q. Okay.
15 the -- I'm sorry. If you go to the traffic 15 MS. LINCORS: Object that it's leading and
16 collision report, Page 16, go ahead and read that 16 it assumes facts not in evidence.
17 paragraph to yourself. 17 MS. HANNA: Join.
18 MR. MORETON: What paragraph? 18 BY MR. HOMAMPOUR:
19 MR. HOMAMPOUR: The whole paragraph. 19 Q. And were you concerned that either you,
20 MR. MORETON: The first paragraph? 20 the other people in the vehicles, or the kids could
21 MR. HOMAMPOUR: Yes. 21 get hurt based on your vehicle brakes not working?
22 MS. LIGHTFOOT: Lines 3 through 12? 22 A. Yes.
23 MR. HOMAMPOUR: Sure. 23 Q. Okay. And in the statement to the
24 Q. Are you ready? 24 officer, you say that you tried to squeeze between
25 A. Yes. 25 the cars. And is that a true statement?
Page 53 Page 55
1 A. True statement. 1 A. Correct.
2 Q. And did you try and squeeze between the 2 Q. So your foot is off the accelerator or the
3 two cars because you thought, if you hit the cars, 3 throttle; is that correct?
4 they would hit the kids? 4 A. Correct.
5 MS. HANNA: Objection. Leading. 5 Q. Okay. Is your foot off the accelerator
6 BY MR. HOMAMPOUR: 6 for the entire time from when you're pumping the
7 Q. I'll withdraw that. Why did you try to 7 brakes as you're exiting the freeway up until the
8 squeeze between the cars? 8 first impact with a child?
9 A. Because there was nobody in front of those 9 MS. HANNA: Objection. Misstates his
10 cars. 10 prior testimony. Lacks foundation.
11 Q. At that time? 11 BY MR. HOMAMPOUR:
12 A. At the time. 12 Q. I'm going to say it better. At some point
13 Q. If we look at photograph 11 to Exhibit 9, 13 in time, you're exiting the freeway and you're
14 were you able to squeeze between the cars in the 14 applying your brakes; is that correct?
15 left and the right lane? 15 A. Okay.
16 A. I did. 16 Q. Yes?
17 Q. Did you -- do you recall striking either 17 A. Yes.
18 of those cars? 18 Q. And the reason you're applying your brakes
19 A. I don't think so. 19 is there's a red light ahead and you have to come to
20 Q. Okay. Just to recap, so you're exiting 20 a stop?
21 the freeway, you're on the 170 exit to Magnolia, you21 MS. HANNA: Objection. Leading.
22 are trying to apply your brakes and they're not 22 MR. HOMAMPOUR: I'll withdraw it.
23 working? 23 MS. HANNA: Lacks foundation.
25 Q. You're driving down. You see that there's 25 Q. Was there a red light ahead or a green
Page 54 Page 56
1 one vehicle in the left lane, two vehicles in your 1 light ahead as you're exiting the freeway?
2 right and you're going to hit them if you don't do 2 A. Red light.
3 something; is that correct? 3 Q. And were you planning on stopping for that
4 A. Correct. 4 red light?
5 Q. And you're worried that, if you hit them, 5 A. I was trying.
6 they're going to hit the kids? 6 Q. And when you tried to stop, you applied
7 A. Correct. 7 your brakes; is that correct?
8 MS. HANNA: Objection. Misstates his 8 A. Correct.
9 prior testimony. Lacks foundation. 9 Q. And the brakes didn't work; correct?
11 Q. Do you recall, was your foot off the 11 Q. From the first time you tried applying
12 accelerator or off the throttle at this point? 12 your brakes to bring your vehicle for a -- bring
13 A. My foot is pumping the brakes. 13 your vehicle to a stop, did you ever touch the
14 Q. Okay. So is it left foot, right foot? 14 accelerator again with your right foot or anything?
15 Sorry. You know, I'm going to ask you stupid 15 A. Negative.
16 questions. I know they're stupid, but we just have 16 Q. So the entire time as you're coming down
17 to clarify. 17 the off-ramp and you're applying your brakes and the
18 A. Right. Right. 18 brakes didn't work, you never put your foot on the
19 Q. Hold on. Actually, I'm going to withdraw 19 accelerator again; correct?
20 that. I'm not going to -- try not to ask stupid 20 MS. HANNA: Objection. Misstates his
21 questions, but a lot of stupid questions will be 21 prior testimony.
22 asked of you today. So strike that. 22 MS. CARROLL: Same objection and it
23 As you're coming down and you're 23 assumes facts.
24 describing pumping the brakes, that was with your 24 BY MR. HOMAMPOUR:
25 right foot? 25 Q. Is that correct?
Page 57 Page 59
1 A. Correct. 1 windshield spidered all over.
2 Q. Okay. And in the statement to the 2 Q. Spidered?
3 officers, it says you committed. Does that mean at 3 A. Yeah, cracked all over.
4 some point you had to make that emergency decision, 4 Q. Okay. And then did you go to the left to
5 are you going to hit the cars or are you going to 5 avoid hitting other vehicles and people?
6 try and squeeze through, and you tried to squeeze 6 A. Correct.
7 through to avoid hurting people? 7 Q. Do you remember what happened next?
8 A. Avoid hurting people, correct. 8 A. I struck a vehicle, airbag deployed, and
9 Q. And then unfortunately the subject Prius 9 the vehicle jumped. Well, actually, you know,
10 collided with one of the kids or multiple kids; 10 veered off and went straight across and I hit the
11 correct? 11 sidewalk several times to bring it to a stop.
12 A. Correct. They ran in -- in front. 12 Q. So were you still trying to bring the
13 Q. Do you remember where the initial -- I'm 13 vehicle to a stop the entire time? Strike that.
14 sorry. I have to ask this question, but I'm not 14 From where you first applied your brakes
15 trying to harass you. So strike that. 15 trying to bring the vehicle to a stop as you're
16 Do you remember where your vehicle -- what 16 exiting the freeway up until you hit the curb on
17 -- strike that. 17 Magnolia, were you trying to bring your vehicle to a
18 Do you remember where the Prius was when 18 stop?
19 you struck the first child? 19 MS. HANNA: Objection. Misstates his
20 A. It would be right at the crosswalk. 20 prior testimony.
21 Q. And do you remember what happened after 21 MS. CARROLL: Join.
22 that? 22 THE WITNESS: Correct.
23 A. Well, after striking them, I turned to the 23 BY MR. HOMAMPOUR:
24 right to avoid going straight and, you know, hitting 24 Q. And then your vehicle finally came to a
25 other pedestrians. 25 stop as you hit the curb on Magnolia?
Page 58 Page 60
1 MR. MORETON: You said you turned to the 1 A. After a while, yes.
2 right, but you have moved your head to the left. 2 Q. And were you deliberately hitting the curb
3 THE WITNESS: I turned to the left. 3 to try and bring it to a stop?
4 MR. MORETON: You turned to the left. 4 A. Correct.
5 MR. HOMAMPOUR: Okay. 5 MS. HANNA: Objection. Leading.
6 MS. HANNA: Can I just clarify? So you 6 BY MR. HOMAMPOUR:
7 did not turn to the right, you turned to the left? 7 Q. In your mind, how did you bring your
8 THE WITNESS: I turned to the left. 8 vehicle to a stop?
9 MS. HANNA: Thank you. 9 A. By colliding with the sidewalk about five
10 BY MR. HOMAMPOUR: 10 or six times and then the lip of the rim got caught
11 Q. Again, this is a traumatic event; is that 11 on the protrusion on the sidewalk.
12 correct? 12 Q. And the lip of the rim of your right side
13 A. Correct. 13 tires?
14 Q. Is it difficult for you to talk about? 14 A. Right side, correct.
15 A. Yes. 15 Q. Okay. The front or rear tire?
16 Q. Okay. So getting the left versus the 16 A. Front.
17 right mixed up is just you're nervous? 17 Q. So you were scrubbing -- strike that.
18 A. I'm nervous, but I don't think I made a 18 Were you attempting to stop your vehicle
19 mistake. I made a left. 19 by scrubbing the right side tires on the curb?
20 Q. Okay. No. You just said right. Never 20 A. Correct.
21 mind. All right. 21 Q. And is it fair to say there was nothing in
22 So the subject Prius collides with the 22 front of you that would have allowed you to safely
23 kids and did you observe that one of the kids or 23 stop your vehicle with your brakes not working?
24 more of the kids hit the windshield? 24 A. Correct.
25 A. One of the girls hit the windshield. The 25 Q. Do you remember who was the first person
Page 61 Page 63
1 that you spoke to at the scene? 1 my wallet, and the contract, as I exited, he was
2 A. Yes. 2 next to me, held me by my arm, and walked me towards
3 Q. Who was that? 3 the intersection. At that time a police officer
4 A. One of the little children. 4 came and got my other arm. The security guard left
5 MR. HERICH: Can you read back his answer. 5 and the police officer took me to one side and had
6 MR. HOMAMPOUR: One of the little 6 me sit down. And from there on, you know, sobriety
7 children. 7 check and --
8 MR. HERICH: One of the little children. 8 MR. MORETON: Okay. You've answered the
9 BY MR. HOMAMPOUR: 9 question.
10 Q. Do you remember which one it was? 10 BY MR. HOMAMPOUR:
11 A. I don't know by name. 11 Q. And the officer that grabbed you by the
12 Q. Was it a he or a she? 12 arm, do you remember if it was CHP or L.A.P.D.?
13 A. She. 13 A. L.A.P.D.
14 Q. And by description was it one that was 14 Q. And do you remember his or her name?
15 laying in the ground? 15 A. No, I don't.
16 A. She was laying on the ground. And I 16 Q. It was -- strike that.
17 believe she was of Asian descent. 17 Did you communicate with any other
18 Q. She appeared to be of Asian descent? 18 L.A.P.D. officers other than this one L.A.P.D.
19 A. Yes. 19 officer?
20 Q. What did you discuss with her or what did 20 A. I don't recall.
21 you -- 21 Q. Did you talk to this L.A.P.D. officer
22 A. I went over to her. I was crying. I was 22 about anything?
23 just, you know, how can I help. And she was just 23 A. Just brakes didn't work.
24 staring and looking at me. And I was -- my world 24 Q. So do you recall telling the L.A.P.D.
25 was upside down. 25 officer that the brakes weren't working?
Page 62 Page 64
1 Q. You know, I'm sorry we have to do this, 1 A. Correct.
2 but we kind of got to get the details of what you 2 Q. If I give you a name, Gregory Andrachick,
3 heard and saw. I don't mean to make this more 3 A-n-d-r-a-c-h-i-c-k, does that sound familiar?
4 difficult. Okay? 4 A. That doesn't ring a bell.
5 A. Okay. 5 Q. Is that because you just don't know the
6 Q. Do you remember anything else with the 6 name of the L.A.P.D. officer that stopped you?
7 young girl on the ground that appeared to be Asian? 7 A. I don't know his name.
8 MR. MORETON: Anything else that was said? 8 Q. Okay. He testified that he approached
9 BY MR. HOMAMPOUR: 9 you, asked you what happened, and you immediately
10 Q. That you said, you said to her, she said 10 said the brakes failed. Is that accurate?
11 to you. 11 MS. HANNA: Objection. Leading. Lacks
12 A. I just -- she wasn't speaking. She was 12 foundation.
13 just -- she just had that horrified look in her eyes 13 MR. MORETON: Are you speaking about
14 and there was nothing I could do. 14 whomever the police officer was that approached him?
15 Q. And you were crying? 15 MS. CARROLL: Join.
16 A. I was crying. 16 BY MR. HOMAMPOUR:
17 Q. And -- 17 Q. Sorry. One more time. L.A.P.D. officer
18 A. Very emotional. 18 approached you. We've taken his sworn testimony.
19 Q. Did you speak -- who was the next person 19 And he says that he asked you what happened and
20 you spoke with or communicated with in any way? 20 immediately you told him the brakes failed; is that
21 A. After I left her, I huddled back to the 21 true?
22 vehicle to get my wallet and the contract for the 22 A. True.
23 vehicle. At the time there was a security guard 23 Q. Okay. He said he asked you if you had
24 that was approaching me like don't run away. I said 24 been drinking or taking prescription medication and
25 I'm not running away. And when I got my telephone, 25 you told him no and you would submit to any test; is
Page 65 Page 67
1 that true? 1 the brakes went to the floor? Is that accurate?
2 A. True. 2 A. Accurate.
3 Q. He says that you told him -- strike that. 3 Q. So when you were trying to push the brakes
4 Now, I'm referring to what the L.A.P.D. 4 on the subject Prius, the brakes -- the pedals went
5 officer has testified to. 5 all the way to the floor?
6 A. Okay. 6 A. Correct.
7 Q. He said you told him you tried to split 7 MS. HANNA: Objection. Lacks foundation.
8 the traffic in between so that you could squeeze in 8 Assumes facts not in evidence.
9 between because the brakes were going out. Is that 9 BY MR. HOMAMPOUR:
10 accurate? 10 Q. When you exited the vehicle, was it still
11 A. I don't know. 11 on, do you remember?
12 Q. Generally? 12 A. Yes.
13 A. One more time, please. 13 Q. Did you have the air conditioning on?
14 Q. Sure. The officer paraphrased that you 14 This is June.
15 told him you tried to split the traffic in between 15 A. Yes.
16 so that you could squeeze in between because the 16 Q. Did you see the officer test the brakes?
17 brakes were going out. Paraphrasing, is that what 17 A. No.
18 you remember telling the officer, that you were 18 MS. HANNA: Objection. Assumes facts not
19 squeezing in between traffic because the brakes 19 in evidence. Vague and ambiguous. Calls for
20 weren't working? 20 speculation. Lacks foundation.
21 MS. HANNA: Objection. 21 BY MR. HOMAMPOUR:
22 THE WITNESS: No. No, that's not correct. 22 Q. Did you know the L.A.P.D officer tested
23 BY MR. HOMAMPOUR: 23 the brakes?
24 Q. Okay. 24 A. No.
25 A. What I said was I split between the two 25 MS. HANNA: Same objections.
Page 66 Page 68
1 cars to avoid hitting them. That's what I meant. 1 MS. CARROLL: Join.
2 Q. Okay. 2 BY MR. HOMAMPOUR:
3 A. But I wasn't weaving in and out of 3 Q. Did you see the L.A.P.D. officer get into
4 traffic. 4 your vehicle or inspect your vehicle?
5 Q. No, no. That's not what the officer was 5 A. No.
6 saying. No. He used the phrase "split the 6 Q. Do you remember after the L.A.P.D. officer
7 traffic," meaning split in between vehicles on your 7 was holding you and then asked you some questions,
8 left and on your right. 8 do you remember what he did? Like do you remember
9 MS. HANNA: Objection. Calls for 9 he walked away from you or any of that?
10 speculation. Assumes facts not in evidence. 10 A. Well, he did flash the lights in my eyes
11 MS. CARROLL: Join. 11 and had me follow his finger. After that I was
12 BY MR. HOMAMPOUR: 12 sitting on the sidewalk waiting for the paramedics.
13 Q. The officer testified that you told him 13 Q. So the officer at some point walked away
14 you tried to use the curb to try and bring your 14 from you and you were sitting on the sidewalk and
15 vehicle to a stop, putting your rim on it. Does 15 you were waiting for the paramedics?
16 that sound fair, paraphrasing what you told the 16 A. He was standing next to me.
17 officer? 17 Q. Okay.
18 A. Correct. 18 A. I was never left alone.
19 Q. Your vehicle, when you were able to bring 19 Q. Strike that. After the L.A.P.D. officer,
20 it -- to stop it, it was under the underpass; is 20 this gentleman, was touching you and talking to you,
21 that correct? 21 did other L.A.P.D. or CHP personnel show up at the
22 A. Correct. 22 scene?
23 Q. On the east side of Magnolia? 23 A. They were all around, but nobody talked to
24 A. Correct. 24 me.
25 Q. The officer testified that you told him 25 Q. At some point you talked to Daniel or
Page 69 Page 71
1 somebody at CHP? 1 BY MR. HOMAMPOUR:
2 A. At St. Vincent Hospital. 2 Q. Okay. And do you remember which button,
3 Q. Okay. So is it fair to say the only 3 where it was on the console or on the steering
4 person you remember giving details to as to what 4 wheel?
5 happened was this L.A.P.D. officer? 5 A. I don't recall.
6 A. The initial first contact one, yes. 6 Q. And what happened when you hit that
7 MR. MORETON: We've been going an hour. 7 button?
8 Do you need a break? 8 A. Nothing.
9 THE WITNESS: No. I'm okay. 9 Q. Did you notice any change in the
10 BY MR. HOMAMPOUR: 10 characteristics of the vehicle when you hit that
11 Q. The CHP report, can you go to Page 17? 11 button?
12 Just read that first, Line 3 to 5, to yourself. 12 A. Negative. No.
13 A. Okay. 13 Q. If we look at Exhibit 9, photograph -- you
14 Q. All right. Were the vehicles, the three 14 know, do you want to take a break or you can keep
15 vehicles ahead of you, stopped as you were exiting 15 going?
16 the freeway and coming down the off-ramp? 16 A. I can keep going.
17 A. Yes. 17 Q. Okay. So go to Exhibit 9. Flip it back.
18 Q. Can you go to the next section, Line 7 to 18 MR. MORETON: Which number?
19 11. 19 BY MR. HOMAMPOUR:
20 A. Okay. 20 Q. 9. Photograph 2. You know what? Never
21 Q. So this is a statement attributable to you 21 mind. Sorry. Go to photograph 4. This depicts the
22 by a phone interview. Do you recall giving a phone 22 area of Magnolia in the underpass that your vehicle
23 interview? 23 came to rest in under.
24 A. Yes. 24 A. Yes.
25 Q. About three days later on June 7, 2014, at 25 Q. To the right?
Page 70 Page 72
1 about 3:05? 1 A. Right here. I stopped right here.
2 A. Yes. 2 Q. I have seen photographs, but I just want
3 Q. Okay. And did you tell the officer, the 3 to make sure. Under the underpass, you're pointing
4 CHP officer, that you remember your foot hitting the 4 to an area under the underpass?
5 floorboard more than twice and that you kept pumping 5 A. Right. Yes.
6 the whole time you were coming down the ramp? 6 Q. So if you go to the next photograph, this
7 A. Correct. 7 is a picture taken under the underpass. Photograph
8 Q. Is that a true statement, that that's what 8 5 to Exhibit 9, this shows where you brought your
9 happened? 9 vehicle to a stop?
10 A. Yes. 10 A. Yes. I started from here all the way to
11 Q. If you go down to the next section, Line 11 the end.
12 13, Lines 13 to 16, can you read that to yourself. 12 Q. Okay. So what you just described with
13 A. Okay. 13 your hand is that you -- the right side of the
14 Q. Did you hit the power button at any time 14 subject Prius, you were able to scrub it against the
15 in an attempt to turn the vehicle off -- 15 curb and it went a distance before it actually came
16 A. Yes. 16 to a stop?
17 Q. -- before you collided with the young -- 17 MS. HANNA: Objection. Misstates the
18 let me ask it. Did you hit the power button in an 18 prior testimony.
19 attempt to turn the vehicle off before you struck 19 MS. CARROLL Join.
20 the first girl? 20 THE WITNESS: All the way from one side of
21 MS. HANNA: Objection. Vague and 21 the freeway to the other.
22 ambiguous. 22 BY MR. HOMAMPOUR:
23 THE WITNESS: Yes. 23 Q. But you were scrubbing the right side rim
24 MS. HANNA: Leading. 24 deliberately against the curb to try to bring it to
25 /// 25 a stop?
Page 73 Page 75
1 A. Correct. 1 Q. Did any -- well, strike that.
2 MS. CARROLL: Objection. 2 These are photographs taken by the CHP at
3 MS. HANNA: Objection. Misstates his 3 the scene, Exhibit 5, already marked.
4 prior testimony. 4 (The document referred to was
5 MS. CARROLL: Asked and answered. 5 subsequently marked by the Court
6 BY MR. HOMAMPOUR: 6 Reporter as Plaintiff's Exhibit
7 Q. Were you trying to scrub the right side of 7 5 for identification and is
8 the subject Prius rim against the curb to get it to 8 attached hereto.)
9 stop? 9 BY MR. HOMAMPOUR:
10 MS. HANNA: Objection. Leading. 10 Q. Just let's look at the first photograph,
11 MS. CARROLL: Asked and answered. 11 Photo 1. Does that look like the Sentra that your
12 THE WITNESS: Yes. 12 vehicle collided with?
13 MR. MORETON: Keep your voice up. 13 A. I don't know.
14 BY MR. HOMAMPOUR: 14 Q. You don't remember?
15 Q. How did you bring -- because they -- when 15 A. I don't remember.
16 they object, I have to rephrase it. So it sounds 16 Q. Do you remember what part of the Sentra
17 like I'm asking the same question, but I'm not 17 your vehicle collided with, what side, what portion?
18 really. 18 A. I would say driver's side.
19 How did you ultimately bring the subject 19 Q. Do you remember what direction the Sentra
20 Prius to a stop? 20 was traveling?
21 A. I guess I hit the sidewalk that was 21 A. It was going west.
22 protruding and I stopped. And it was still running. 22 Q. And your -- strike that.
23 Q. Do you agree that you were presented with 23 The airbags of the subject Prius did not
24 an emergency situation as you're coming down the 24 deploy when you struck -- strike that.
25 off-ramp? 25 The airbags of the subject Prius did not
Page 74 Page 76
1 MS. HANNA: Objection. 1 deploy when the Prius collided with the children; is
2 MS. CARROLL: Objection. Asked and 2 that correct?
3 answered. Vague and ambiguous. 3 A. Correct.
4 MS. HANNA: Join and assumes facts not in 4 Q. The airbags of the subject Prius first
5 evidence. 5 deployed when the Prius collided with the Nissan
6 THE WITNESS: Yes. 6 Sentra?
8 Q. Do you agree you didn't do anything to 8 Q. If we look at photo 20 within Exhibit 5,
9 cause the brake failure on the Prius? 9 can you see the Prius all the way in the upper
10 MS. CARROLL: Objection. Assumes facts 10 right?
11 not in evidence. Calls for an expert opinion. 11 A. This one?
12 MS. HANNA: Join. 12 Q. Yes.
13 THE WITNESS: No. 13 A. Okay.
14 BY MR. HOMAMPOUR: 14 Q. Actually, just go ahead and look at photo
15 Q. Is that correct? 15 33 too. I'm sorry. Look at photo 3, please. Does
16 A. No. 16 that show the position of the subject Prius, where
17 Q. Was there a brake failure of the Prius? 17 it came to rest?
18 Strike that. 18 A. Correct.
19 Did the brakes of the Prius fail? 19 Q. And so you earlier described that you were
20 MS. CARROLL: Same objections. 20 trying to bring the Prius to a stop by scrubbing the
21 THE WITNESS: Yes. 21 right side rim against the curb and it went all the
22 MS. HANNA: Same objections. 22 way along the underpass area?
24 Q. How do you know that? 24 MS. HANNA: Objection. Misstates his
25 A. Because it wouldn't stop. 25 prior testimony.
Page 77 Page 79
1 BY MR. HOMAMPOUR: 1 upper right, can you see your Prius?
2 Q. Is that correct? 2 A. Okay.
3 A. Correct. 3 Q. Okay. So you're sitting on the curb that
4 Q. Okay. And so here we see where the Prius 4 would be on the right side of the photograph;
5 came to a stop. 5 correct?
6 A. Okay. 6 A. Further back.
7 Q. In photograph 33 of Exhibit 5; is that 7 Q. Okay. Now, that's where I want to get.
8 correct? 8 Are you seated anywhere we can see on the curb in 29
9 A. Correct. 9 or more towards the intersection?
10 Q. All right. Did the Prius have any visible 10 A. More across the intersection.
11 damage to it before you took it off the Hertz lot? 11 Q. Okay. So why don't you look at the
12 A. I don't believe so. 12 photographs and tell me which photograph will show
13 Q. If we look at photo 33, the damage we see 13 us where you were seated within Exhibit 5.
14 to the front end of the Prius, is it your 14 MR. MORETON: There's a lot of
15 understanding that's from the incident? 15 photographs. Can you help us with the ones that
16 A. Yes. 16 show the sidewalk?
17 Q. If you look at 35, 35, we could see that 17 MR. HOMAMPOUR: Well, he said the other
18 the right side of the Prius is right against the 18 side. So I'm wondering does he mean on the other
19 curb. Is that how you intentionally put the vehicle 19 side of the street?
20 to bring it to a stop? 20 MR. MORETON: Back towards the
21 A. Correct. 21 intersection?
22 Q. If you look at 36, does this photograph 22 MR. HOMAMPOUR: Or more towards the
23 depict the spidering of the window that you 23 intersection?
24 described earlier? 24 THE WITNESS: Can you get the other
25 A. Yes. 25 pictures. It's easier.
Page 78 Page 80
1 Q. And, again, I don't mean to ask you, but I 1 MR. MORETON: Do you want him to use
2 have to ask you. I'm sorry. If you look at 36, 37, 2 Exhibit 9?
3 38, we can see there appears to be some either 3 BY MR. HOMAMPOUR:
4 tissue or hair or body fluids from one or more of 4 Q. You can use Exhibit 9, whatever, again,
5 the girls. Did you observe that at the scene? 5 will show us where you were seated.
6 A. No. 6 A. Exhibit 9, this is where I was sitting.
7 Q. No. Did you speak to or communicate with 7 MR. MORETON: Okay. Look at 9, No. 1.
8 any of the other young girls that were struck? 8 MS. LIGHTFOOT: No. 48 of Exhibit 5 might
9 A. No. 9 be helpful.
10 MR. HOMAMPOUR: Why don't we go ahead and 10 THE WITNESS: No.
11 take a break. 11 MR. MORETON: This is the one he likes.
12 THE VIDEOGRAPHER: Off the record. 11:52. 12 BY MR. HOMAMPOUR:
13 (Break taken.) 13 Q. Okay.
14 (Mr. Formica exits the 14 A. I was sitting right under this tree.
15 deposition room.) 15 Q. So you're pointing to?
16 THE VIDEOGRAPHER: Back on the record. 16 A. Right under this tree here.
17 12:10. 17 MR. MORETON: You've got it upside down
18 BY MR. HOMAMPOUR: 18 now. Don't do that.
19 Q. So to clarify, after the L.A.P.D. officer 19 BY MR. HOMAMPOUR:
20 initially approaches you and asks you some 20 Q. Okay. Let me just verbally describe. So
21 questions, you then -- at some point you're sitting 21 within Exhibit 9, photograph 1.
22 down on the curb? 22 A. There's a sign here. It says "do not
23 A. Correct. 23 block."
24 Q. And if you look at Exhibit 5, internal 24 MR. MORETON: Okay. Wait for his
25 photograph 29 -- you're on 29? Okay. So in the 25 question.
Page 81 Page 83
1 BY MR. HOMAMPOUR: 1 Q. On the curb or on the sidewalk?
2 Q. Yeah. There's a sign that says "do not 2 A. On the street.
3 block." Strike that. 3 Q. Okay. Were you under the underpass?
4 Exhibit 9, photograph 1, on the right side 4 A. I was under the underpass.
5 we see a tree. In front of the tree is a yellow 5 Q. Okay. And then at some point you walked
6 sign with an arrow pointing down to the ground and 6 west to the position we see in photograph 1 of
7 then after that it says "do not block," white sign. 7 Exhibit 9; is that correct?
8 Do you see that? 8 A. Yes.
9 A. Yes. 9 Q. Were you there because it was shady?
10 Q. And are you saying that you were sitting 10 A. No. That's where they put me.
11 in that general area? 11 Q. So who walked you over there? Who did you
12 A. Right below the "do not block" sign. 12 go over there with?
13 Q. Okay. And just so you orient yourself, 13 A. L.A.P.D.
14 can you tell that the -- your Prius would be under 14 Q. So the L.A.P.D. officer walked you over to
15 the underpass, which is away from the photographer 15 the area by the tree in photograph 1 of Exhibit 9
16 in this first photograph of Exhibit 9? 16 and then other people arrived; is that correct?
17 A. Correct. 17 A. Correct.
18 Q. Okay. So that's a pretty far distance? 18 Q. CHP arrives; correct?
19 That's -- do you agree? 19 A. Paramedics.
20 A. I would agree. 20 Q. Paramedics. And then the L.A.P.D. officer
21 Q. Okay. So the officer -- 21 left?
22 MR. MORETON: So you walked all the way 22 A. No. He was there.
23 over here? 23 Q. At some point he left? He wasn't standing
24 BY MR. HOMAMPOUR: 24 next to you the entire time; is that correct?
25 Q. I just want to make sure you're clear. 25 A. I don't recall.
Page 82 Page 84
1 A. The child was over here and then the 1 Q. Okay. He describes going over to test the
2 officers, you know, walked me over here and sat me 2 brakes of your Prius. You don't remember if he did
3 down. 3 that or not?
4 Q. Okay. So why don't you look at Exhibit 4. 4 A. I don't.
5 I'm sorry. Exhibit 9, internal page 4. This is 5 MS. HANNA: Objection. Assumes facts not
6 looking towards the underpass. Were you at this 6 in evidence. Lacks foundation.
7 corner or you're at the corner or the area that 7 MS. CARROLL: Join.
8 you're describing in the first photograph? 8 BY MR. HOMAMPOUR:
9 A. I'm actually back here. 9 Q. How long were you under that -- or in that
10 Q. You're back where you described earlier? 10 tree area that you've described in photograph 1 to
11 A. Yes. 11 Exhibit 9?
12 Q. Okay. Where was the officer -- strike 12 A. Don't recall.
13 that. 13 Q. Do you remember how long you were at the
14 Where were you when the L.A.P.D. officer 14 scene in total?
15 first approached you? 15 A. I would be guesstimating.
16 A. Approached me? Under the overpass. 16 Q. You were transported away from the scene
17 Q. So when the L.A.P.D. officer first 17 by ambulance?
18 approached you, you were under the underpass where 18 A. Correct.
19 we saw your Prius was stopped; correct? 19 Q. And you were taken to the hospital?
21 Q. How close to the Prius were you when the 21 Q. What hospital were you taken to?
22 L.A.P.D. officer approached you? 22 A. St. Joseph's.
23 A. Between 20. 23 Q. Were you released that day?
24 Q. 20 feet away from the Prius? 24 A. Yes.
25 A. Probably. 25 MR. HOMAMPOUR: Okay. I don't think I
Page 85 Page 87
1 have any questions subject to more when Toyota's 1 there were five categories of documents.
2 attorneys ask you some questions. So we're going to 2 First, let me just ask you. Did you, by
3 take a lunch break now and we'll come back in 45 3 yourself or with your counsel, bring any documents
4 minutes. Okay? 4 in response to the request?
5 MR. MORETON: Where can you get in and 5 A. No.
6 out? 6 Q. Okay. Let me just go through the
7 MR. HOMAMPOUR: We'll be back by 1:00. 7 categories and then we'll just discuss, you know,
8 All right? 8 whether or not you believe any of those documents
9 THE VIDEOGRAPHER: This is the end of DVD 9 exist and -- at this point in time.
10 No. 1. We're going off the record. The time is 10 The first category asks for documents that
11 12:17. 11 you reviewed in preparation for this deposition. So
12 (Lunch break taken.) 12 let me just ask you first off, presuming you had an
13 THE VIDEOGRAPHER: This is the start of 13 opportunity to talk with your counsel to prepare for
14 DVD No. 2. We are back on the record. The time is 14 your deposition, and we're not entitled to know what
15 1:18. 15 you discussed with them, but first of all, apart
16 16 from any time that you were with your attorneys, did
17 EXAMINATION 17 you review any documents to prepare for your
18 BY MS. LIGHTFOOT: 18 deposition today?
19 Q. Good afternoon, Mr. Vartanian. My name is 19 A. No.
20 Mary Lightfoot. 20 Q. Okay. And I think you said before you
21 A. Good afternoon. 21 have looked at the California Highway Patrol's
22 Q. I represent one of the plaintiffs in this 22 Traffic Collision Report at some point; correct?
23 matter and I'm going to have some additional 23 A. I have not.
24 questions for you. We just got back from a lunch 24 Q. Oh, you never did?
25 break. Do you feel somewhat rested and prepared to 25 A. No.
Page 86 Page 88
1 continue? 1 Q. Okay. So today, when it was handed over
2 A. Calm. 2 to you, that's the first time you've seen it?
3 Q. Okay. All right. Again, as Mr. Homampour 3 A. First time I've seen it.
4 said, if for any reason you need to take a break, 4 Q. Okay. So for category No. 1, since it's
5 let me know. I don't think I'll be very long at 5 your testimony that you've never reviewed anything,
6 this point, but I just want to go over a couple 6 there are no such documents; correct?
7 additional questions I have. 7 A. Correct.
8 And, also, to begin with, I wanted to note 8 Q. All right. No. 2 asks for documents that
9 for the record that there is an Exhibit 8 to this 9 Hertz provided to you at the time that you rented
10 deposition and it will be the Plaintiff T.S.'s 10 the Prius vehicle. You mentioned that at some point
11 Notice of Continued Deposition of Defendant Vartan 11 during your testimony earlier today that there was a
12 Vartanian and Request for Production of Documents, 12 contract or paperwork that you went to retrieve from
13 which I think everybody has a copy of. So that's 13 the vehicle after the incident; correct?
14 Exhibit 8. 14 A. Correct.
15 (The document referred to was 15 Q. So do you still have that?
16 subsequently marked by the Court 16 A. The police took it from me.
17 Reporter as Plaintiff's Exhibit 17 Q. The police took it. Okay. So and other
18 8 for identification and is 18 than that set of paperwork, assuming it was more
19 attached hereto.) 19 than one piece of paper, do you have any other
20 BY MS. LIGHTFOOT: 20 documents that Hertz provided to you at the time
21 Q. Okay. And I'm not sure if you or your 21 that you rented the Prius?
22 counsel have a copy of that. Okay. You do. Just 22 A. No.
23 wanted to go over that because, in addition to the 23 Q. So to the best of your knowledge, the CHP
24 notice of deposition, there was a -- on Page 4 it 24 took it from you at the scene of the accident?
25 included a request for production of documents and 25 A. L.A.P.D. took it from the scene of the
Page 89 Page 91
1 accident. 1 of the Prius or the incident?
2 Q. Okay. So the last time you saw it, that 2 A. Negative.
3 was at the scene of the accident and it's your 3 Q. Okay. So based upon your testimony, is it
4 understanding that someone from the Los Angeles 4 your further testimony that you do not have any
5 Police Department took it? 5 documents that, as set forth and requested in
6 A. Correct. 6 request No. 3, related to your -- there's no
7 Q. And do you remember who from the Los 7 documents that you have or know of related to your
8 Angeles Police Department would have taken it? 8 rental of the Prius?
9 A. An officer. 9 A. Correct.
10 Q. And there were more than one officer from 10 Q. Okay. And then No. 4 asks for your rental
11 L.A.P.D. on the scene; correct? 11 contract with Defendant Hertz for the Prius. I
12 A. Correct. 12 think you've previously testified that that was
13 Q. Do you know which one it was? 13 taken from you at the scene?
14 A. No, I do not. 14 A. Correct.
15 Q. Was it the officer who first contacted you 15 Q. Okay. And No. 5, it asks for you to
16 and walked you, you know, away from the scene? 16 produce any documents that refer to, relate to, or
17 A. Don't recall. 17 evidence any statement that you provided relating to
18 Q. Oh, okay. So based upon your testimony 18 the incident. Other than speaking to the L.A.P.D.
19 just now, you've got no documents to produce because 19 or the California Highway Patrol, did you give any
20 you believe that responsive documents are now in the 20 other documents to any other people, including
21 possession of others; correct? 21 insurance companies or investigators, about the
22 A. Right. 22 accident?
23 Q. Category 3 asks for documents that refer 23 A. I don't recall.
24 to, relate to, or evidence your rental of the Prius 24 Q. Okay. Do you have copies of any such
25 with Defendant Hertz. That sounds kind of similar 25 statements, presuming you gave any?
Page 90 Page 92
1 to No. 2, but it might be a little different. Did 1 A. I don't have any paperwork.
2 you have any correspondence, like e-mails or letters 2 Q. Okay. So it's your testimony you don't
3 or any other communications with Hertz before you 3 recall whether or not you gave any additional
4 rented the car about the fact that you wanted to 4 statements apart from those that you may have
5 rent that car on June 4, 2014? 5 provided to the California Highway Patrol or other
6 A. I'm not understanding your question. 6 law enforcement officials at the scene or in the
7 Q. Okay. So as I recall your testimony 7 days after the accident; correct?
8 earlier today, you had made arrangements to rent a 8 A. Correct.
9 car with Hertz that day; correct? 9 Q. Technical difficulty. Okay.
10 A. Correct. 10 So Mr. Vartanian, just to go over this,
11 Q. And when you -- when did you first notify 11 when you say you don't recall whether you gave any
12 Hertz that you needed a car? 12 additional statements, is that -- is it possible
13 A. Couple of days prior. 13 that you did or you don't recall doing so?
14 Q. Okay. Was that by phone or some other 14 MR. MORETON: Objection. Calls for
15 method? 15 speculation.
16 A. By phone. 16 MS. LIGHTFOOT: I'm asking him what he
17 Q. Okay. So there's no written record of 17 knows.
18 that request; correct? 18 THE WITNESS: I don't recall speaking to
19 A. Correct. 19 anybody else except the officers.
20 Q. Did you get any confirming e-mails or 20 BY MS. LIGHTFOOT:
21 anything in a written or readable form from Hertz 21 Q. Okay. Fair enough. All right. So based
22 regarding your request? 22 on your testimony, it does not appear that you have
23 A. No. 23 any documents responsive to request No. 5; correct?
24 Q. Okay. And after the incident did you have 24 A. Right.
25 any contact with Hertz Corporation about the rental 25 Q. Okay. That's Exhibit 8. Okay.
Page 93 Page 95
1 Mr. Vartanian, during some of your earlier 1 A. Yes.
2 testimony, you described -- you began to describe 2 Q. Okay. And I know we've got a lot of
3 what you did immediately after your vehicle came to 3 pictures, and without looking at any pictures right
4 a stop at the scene. And I want to go over that 4 now, I just kind of want to have you describe. Then
5 just a little bit. Based upon your testimony and 5 as you walked back, I presume you went past the
6 things that I'm aware of in the record of this case, 6 Prius before you got to the girl laying in the
7 the airbag deployed and it was deployed when you 7 street that you described as being of Asian descent;
8 came to rest; correct? 8 correct?
10 Q. Okay. Were you able to open the Prius's 10 Q. Can you describe approximately where she
11 door by yourself and get out of the vehicle 11 was laying in any way as far as like which lanes or
12 unassisted? 12 how far away from the vehicle she was located?
13 A. Yes. 13 A. Across the center median.
14 Q. And when you got out of the vehicle, 14 Q. Would it help for you -- do you want to
15 again, it's my impression, based upon your 15 look to see if a picture would be helpful? I think
16 testimony, that you walked away from the vehicle 16 that's Exhibit 9 you're looking at. Maybe picture
17 back towards the area that the Prius had traveled up 17 -- would picture 2 be --
18 to its point of rest; is that correct? 18 MR. MORETON: Is that helpful?
19 A. Negative. 19 THE WITNESS: Before --
20 Q. And as you walked back -- 20 MR. MORETON: Is that the crosswalk?
21 MR. MORETON: Excuse me. Did you hear his 21 THE WITNESS: This is the crosswalk. The
22 response? 22 girl was over around here.
23 MS. LIGHTFOOT: No, maybe I didn't. 23 MR. MORETON: Okay.
24 MR. MORETON: He said negative. 24 BY MS. LIGHTFOOT:
25 /// 25 Q. You're looking at picture 2 of Exhibit 9?
Page 94 Page 96
1 BY MS. LIGHTFOOT: 1 A. Correct.
2 Q. Oh, negative. If you could put your hands 2 Q. Okay. And are you seeing where you recall
3 down, sir, I could read your lips better. 3 her laying?
4 Thank you. Okay. 4 A. Somewhere around here.
5 So you got out of the vehicle unassisted; 5 Q. Okay. Let me just see.
6 correct? 6 MR. MORETON: Picture 2. That's it.
7 A. Immediately proceeded to the front of the 7 BY MS. LIGHTFOOT:
8 vehicle. 8 Q. Okay. So just for the record,
9 Q. Okay. So you immediately went to the 9 Mr. Vartanian is looking at picture 2 of Exhibit 9.
10 front of the vehicle? 10 And I might ask you, if it's all right, Arash, to
11 MR. MORETON: Wait for a question. 11 have him take a pen and just mark it.
12 BY MS. LIGHTFOOT: 12 MR. HOMAMPOUR: Yeah, whatever you want.
13 Q. Okay. But that was very helpful. Thank 13 BY MS. LIGHTFOOT:
14 you. Why did you go to the front of the vehicle? 14 Q. If you could just take a pen and to the
15 A. Make sure there was nobody stuck 15 best of your ability, I know this is an estimate on
16 underneath. 16 your part, but if you could just mark an X on that
17 Q. Okay. Did you see anybody there? 17 photograph that you've chosen where you believe the
18 A. No. 18 girl of Asian descent was located when you first saw
19 Q. And after you did that check, what did you 19 her and approached her. And if you see a better
20 do next? 20 picture --
21 A. Then I walked back to the initial girl 21 MR. HOMAMPOUR: We have markers. Just
22 that was laying on the street. 22 give me a second.
23 Q. Okay. And so when you left the front of 23 MS. LIGHTFOOT: Exhibit 5, I'm going to
24 the vehicle and started to walk back, you were 24 look through Exhibit 5. Oh, here's a marker.
25 tracking the path of the Prius, in essence? 25 Arash, we have one. Thank you.
Page 97 Page 99
1 MR. MORETON: No, don't make a mark yet. 1 of the two intersecting streets?
2 Wait until we decide what picture you're going to do 2 A. She was closer to the freeway on-ramp on
3 it on. 3 the other side in the opposite --
4 MS. HANNA: Do you want red? He's 4 Q. She was closer to the freeway in the
5 bringing in red. 5 eastbound lanes? Which lane was she in, if she was
6 MS. LIGHTFOOT: This isn't -- 6 in a lane?
7 MS. HANNA: Arash, we may need red, 7 A. This is where the accident was. This is
8 though. 8 the on-ramp from the freeway to go south.
9 MR. HOMAMPOUR: Let me get some paper. 9 Q. Okay.
10 BY MS. LIGHTFOOT: 10 A. This is the off-ramp to come out of south.
11 Q. This is photograph 20 in Exhibit 5. Is 11 This is the on-ramp to go onto the south. So she
12 that any more clear for you? That's where we're 12 was around here.
13 looking or not? 13 Q. Okay. So let me see if I can find a
14 A. Yeah, that's about the same general area I 14 picture. So you were looking at picture 2. And
15 think. 15 it's -- so it was kind of over in the --
16 Q. Okay. Do you want to just take a quick 16 A. In this area here.
17 look at this one and see if that is -- I see those 17 Q. -- lower right corner of that photograph
18 broken white lines. So I'm not sure if those are 18 where the broken lines are, broken white lines?
19 the same ones. 19 A. Yes.
20 MR. MORETON: Looks like it corresponds to 20 Q. Yeah. So to the best of your
21 that. 21 recollection, just confirm for me, based upon
22 THE WITNESS: Yes. Looks even more. 22 picture 2 of Exhibit 9, in the area where you might
23 Somewhere over here I think. Somewhere around here 23 be marking, your recollection is the girl was in the
24 where the yellow is or somewhere around there. 24 eastbound -- one of the two eastbound Magnolia
25 MR. MORETON: It's an approximation. 25 lanes; correct?
Page 98 Page 100
1 THE WITNESS: Correct. 1 A. Correct.
2 MR. MORETON: Counsel, if you wish him to 2 Q. Okay. Do you remember, was it in the left
3 mark on a particular photograph, why don't you tell 3 or the right eastbound lane?
4 him which one and then -- 4 A. That I don't remember.
5 MS. LIGHTFOOT: Well, I hesitate to do 5 Q. Don't remember that. Okay.
6 that because I don't know what he remembers or where 6 And was she more towards the -- but she
7 it exactly was. He seems to prefer 2. 7 was closer to the freeway side of that --
8 Q. Before you do any marking, Mr. Vartanian, 8 A. Correct.
9 let me ask you to just look at the photographs for a 9 Q. -- area?
10 second. Let me just ask you something. The vehicle 10 A. She was closer to the on-ramp of the
11 was in the eastbound lanes of Magnolia; correct? 11 freeway.
12 Along the curb? 12 Q. Okay. Well, I'm not going to tell him
13 A. Right. 13 which picture to choose, but if you feel more
14 Q. You walked westbound along in the 14 comfortable using No. 2 of Exhibit 9, just to put an
15 eastbound lanes; is that right? You stayed on that 15 X to represent where you believe, generally
16 side of the road? 16 speaking, where you recall her being, I would
17 A. I stayed on that side of the road walking 17 appreciate that.
18 backward. 18 A. I would prefer to use No. 20.
19 Q. And was the girl -- by saying the girl, 19 Q. Okay. So No. 20 of Exhibit 5? Okay. And
20 I'm talking the girl you saw that was of Asian 20 if you could just maybe put an X and then I will
21 descent. I'm going to refer to her right now as 21 tell you the initials of my client are E.R. So if
22 "the girl." Was the girl under the overpass? 22 you could put an X, then just put the letters E.R.
23 A. No. 23 next to the X, I would appreciate that.
24 Q. Okay. Was she in -- was she in the square 24 A. Okay.
25 that would be created by the curbs, the four curbs 25 Q. It's for 20.
Page 101 Page 103
1 MR. MORETON: And for the record, do I 1 any parts of her body?
2 understand, Mr. Vartanian, this is an approximation? 2 A. No.
3 You don't know exactly where the young lady was? 3 Q. Did you see any blood on her?
4 THE WITNESS: Yes, correct. 4 A. No.
5 BY MS. LIGHTFOOT: 5 Q. Let me ask it a different way. Do you
6 Q. That's my understanding as well. Thank 6 remember that she did not have any blood on her?
7 you, sir. 7 A. I don't recall.
8 Okay. And I'm going to have some 8 Q. You just don't remember one way or the
9 questions about what you just marked. But when you 9 other?
10 approached the girl, did you happen to notice 10 A. (Shakes head.)
11 whether there were any other children that were also 11 Q. Is that correct?
12 laying in the area? 12 A. Correct.
13 A. Around her? No. 13 Q. Okay. Did you touch her at that point?
14 Q. You didn't see any other girls or boys or 14 A. I did not touch her.
15 other people laying down? 15 Q. Do you recall what she was wearing or what
16 A. No. 16 kind of clothing she was wearing?
17 Q. Just the Asian girl? 17 A. I think white shirt, blue shorts.
18 A. Just the Asian girl. 18 Q. Okay. Do you recall whether she had both
19 Q. Okay. All right. So if I asked you where 19 shoes on at that point?
20 they were positioned after the incident, you would 20 A. I don't recall.
21 not be able to tell us? 21 Q. Do you recall, did you see any personal
22 A. I would not be able to tell. 22 effects near her body?
23 Q. Okay. Fair enough. Now, you said you 23 A. I don't recall.
24 walked up to the location where the girl was laying 24 Q. Okay. And so she didn't respond to you at
25 down; correct? 25 that point. Is that when you went back to the Prius
Page 102 Page 104
1 A. Correct. 1 to retrieve your things?
2 Q. Okay. Do you remember how her body was 2 A. Correct.
3 positioned? Was she supine, meaning was she on her 3 Q. Okay. And at that point nobody had spoken
4 back, or what part of her body was in contact with 4 to you yet; correct?
5 the road? 5 A. Correct.
6 A. She was on her back. 6 Q. Okay. And when you went and retrieved the
7 Q. Okay. 7 items from your car that you've listed, I think it
8 A. Looking up. 8 was your wallet, your phone, and the contract?
9 Q. I'm sorry? 9 A. Correct.
10 A. Looking up. 10 Q. Is that where the first L.A.P.D. officer
11 Q. Were her eyes open? 11 contacted you?
12 A. Eyes open. 12 A. It was the security guard that contacted
13 Q. You said -- did you speak to her? 13 me first, telling me not to run away.
14 A. I spoke to her. 14 Q. Okay. And so did you stay by the car?
15 Q. Do you remember generally what you said to 15 A. No. I got up and started walking back.
16 her at that point? 16 Q. So he said don't wander away, but with
17 A. I said, you know, I'm so sorry, how can I 17 your stuff you started to walk back toward the Asian
18 help you. 18 girl again?
19 Q. And was she -- did she respond to you? 19 A. After I stood up from a kneeling position,
20 A. No. 20 I went to my car. The security guard was
21 Q. Did you hear her say any words? 21 approaching, coming towards me, and he says don't
22 A. No. 22 run away, don't go anywhere. And I said I'm not
23 Q. Did you hear her make any sounds? 23 going anywhere, I'm going to go get my stuff from
24 A. No. She was just heavily breathing. 24 the car. By the time I obtained my possessions,
25 Q. Okay. Did you see any visible injuries on 25 stepped out of the car, the security guard was
Page 105 Page 107
1 already there. 1 examined a little bit by the L.A.P.D. officer, the
2 Q. He caught up to you? 2 first one that you had contact with. He shined a
3 A. He caught up to me, held my right -- left 3 light in your eyes; is that correct?
4 hand, and then at the same time an L.A.P.D. officer 4 A. He did follow my finger.
5 came and got my right hand. So I was escorted by 5 Q. Okay. All right.
6 both of them towards the tree. 6 A. Both eyes.
7 Q. Okay. So at that point both men are with 7 Q. Okay. And how long did the security guard
8 you? 8 stay with you? Was he with you the entire time?
9 A. Correct. 9 A. No.
10 Q. And then they walk you back westbound on 10 Q. He left?
11 Magnolia to the point that you testified to, I 11 A. He did. He was, I guess, asked to direct
12 forget which exhibit photograph it was, but by the 12 traffic or help.
13 tree and they sat you there? 13 Q. Okay. And at some point did you see --
14 A. Correct. 14 you saw CHP officers on the scene; correct?
15 Q. Okay. And did the security guard talk to 15 A. Not until St. Vincent Hospital.
16 you at all about what happened? 16 Q. Oh, okay. And you did see multiple
17 A. No. 17 L.A.P.D. officers on the scene?
18 Q. Okay. But you talked to the L.A.P.D. 18 A. Correct.
19 officer; correct? 19 Q. Okay. And you could tell that they were
20 A. Correct. 20 L.A.P.D. by the uniform they were wearing?
21 Q. Okay. And so those were the two first 21 A. L.A.P.D. and the whole area was cordoned
22 people you had contact with? 22 off by fire trucks.
23 A. Correct. 23 Q. Okay. Would you say it's accurate to
24 Q. And then at some point other people came 24 state that there was an L.A.P.D. officer, he didn't
25 to the area where you were seated; is that correct? 25 necessarily have to be the same one, but there was
Page 106 Page 108
1 A. Correct. 1 always an L.A.P.D. officer with you until you were
2 Q. Do you recall, did they look official? 2 transported from the scene?
3 Were they citizens? 3 A. Correct.
4 A. Just parents, concerned people. Some of 4 Q. Okay. And was there always -- was there
5 them were saying derogatory stuff, you know, you 5 more than one L.A.P.D. officer proximate or close to
6 should go to jail and stuff like that. But just, 6 you during the entire time you were sitting there by
7 you know, in my mind I was involved in what was 7 the tree?
8 going on. 8 A. I would have to guesstimate. I don't
9 Q. Okay. And at some point did you get 9 recall.
10 medical attention at the scene? Did some ambulance 10 Q. You don't recall. Okay. All right. And
11 personnel come and examine you? 11 there was testimony and questioning earlier about
12 A. Ambulance came and they took me away. 12 the initial officer, Officer Andrachick, who
13 Q. Do you recall -- and, again, I know I 13 initially made contact with you, or you believe made
14 can't even imagine, but how -- can you give us an 14 initial contact with you. From where you were
15 estimate of how long it took for somebody to give 15 sitting, did you ever look back to the east to see
16 you medical attention? And by that I mean somebody 16 where your Prius was located?
17 from either the fire department or the ambulance. 17 A. No.
18 A. Quite a while. 18 Q. Okay. So while you were sitting there by
19 Q. Quite a while? 19 the tree, once you were taken there by the L.A.P.D.
20 A. I was asking for water. They wouldn't 20 officer and security guard, is it your testimony
21 give it to me. 21 that you never looked back up to see your vehicle;
22 Q. You mean the people around you? 22 is that correct?
23 A. Whether the paramedics or the police 23 A. Correct.
24 officers. 24 MR. MORETON: That you can recall?
25 Q. Okay. And I know you said that you were 25 THE WITNESS: That I can recall.
Page 109 Page 111
1 BY MS. LIGHTFOOT: 1 A. I did not.
2 Q. I'm sorry. What did he say? 2 Q. Okay. Did you use your cell phone at the
3 A. That I can recall. 3 scene?
4 Q. Yeah. You don't recall seeing the vehicle 4 A. Yes, I did.
5 or looking that way; correct? 5 Q. For what purpose?
6 A. No. 6 A. Called a friend of mine.
7 Q. And so there's no way you would know 7 Q. Can you repeat that?
8 whether or not anybody went in your vehicle while 8 A. I called a friend of mine.
9 you were sitting there by the tree; correct? 9 Q. What's your friend's name?
10 MS. HANNA: Objection. Assumes facts not 10 A. My friend's name is Sarkis. S-a-r-k-i-s.
11 in evidence. Lacks foundation. 11 Q. Is that a first name or last name?
12 MS. CARROLL: Join. 12 A. First name.
13 BY MS. LIGHTFOOT: 13 Q. What's his -- is that a he?
14 Q. That's correct; correct? 14 A. It's a he.
15 A. Correct. 15 Q. What's his last name?
16 Q. Do you recall seeing any of the girls who 16 A. Nersesyan. N-e-r-s-e-s-y-a-n.
17 were hit by your vehicle being transported from the 17 Q. When did you call him?
18 scene while you were sitting there by the tree? 18 A. When I was sitting on the sidewalk.
19 A. Negative. 19 Q. Was this before or after you spoke with an
20 Q. Okay. And, again, just you described 20 L.A.P.D. officer?
21 something that we didn't really touch on before. 21 A. After.
22 But while you were sitting on the curb by the tree, 22 Q. Why did you call him?
23 it sounds like a collection of people gathered 23 A. Because I felt helpless.
24 around you; is that correct? 24 Q. Any other reason?
25 A. Correct. 25 A. Just being helpless, I wanted somebody
Page 110 Page 112
1 Q. And because of where you were sitting and 1 that I knew next to me.
2 where they must have been standing, did they block 2 Q. What did you say to Mr. Nersesyan?
3 your view of kind of that intersection? 3 A. I told him I'm in a world of trouble,
4 A. There was news trucks. Just a slew of 4 come.
5 people. 5 Q. Did he come?
6 Q. Yeah. Okay. All right. I think that's 6 A. He came.
7 all I have for now. I really appreciate it and 7 Q. Approximately how long after you got out
8 thank you for appearing today. 8 of the Prius initially, how much time passed until
9 A. Thank you. 9 you called your friend?
10 Q. Okay. 10 A. I don't recall.
11 11 Q. What's your friend's phone number?
12 EXAMINATION 12 A. I don't know.
13 BY MS. HANNA: 13 Q. How long did you speak with your friend?
14 Q. Good afternoon, Mr. Vartanian. We met 14 A. Short. Maybe 30 seconds.
15 earlier today. My name is Anne Hanna and I 15 Q. Did he come to the scene?
16 represent the Toyota defendants. Do you need a 16 A. Yes, he did.
17 break before we continue? 17 Q. From the time you called him, how long
18 A. No. I'm okay. 18 before he arrived at the scene?
19 Q. And all the same rules that everyone else 19 A. Don't recall.
20 has talked with you about still apply. Do you have 20 Q. Can you estimate at all without guessing?
21 any questions about those before I go on? 21 For example, it was five to ten minutes, 30 minutes?
22 A. No. 22 do you have any range?
23 MR. MORETON: No. 23 A. Between five and ten.
24 BY MS. HANNA: 24 Q. Did he come from his home or his work or
25 Q. Did you take any photos at the scene? 25 somewhere else?
Page 113 Page 115
1 MR. HERICH: Objection. Calls for 1 A. Once or twice.
2 speculation. 2 Q. Okay. And what did you say in those
3 MR. MORETON: Do you know? 3 conversations?
4 BY MS. HANNA: 4 A. How bad I felt. How just completely -- I
5 Q. Do you know where he came from? 5 mean, it just -- it's like hitting a brick wall.
6 A. I don't know. 6 And that was it.
7 Q. Do you know where he lives? 7 Q. Did you make any other phone calls while
8 A. Of course. 8 you were at the accident scene that day?
9 Q. Does he live within a ten-minute drive of 9 MR. HERICH: And you're going to take your
10 the scene? 10 microphone.
11 A. A little bit more. 11 MS. HANNA: Thank you.
12 Q. Did he arrive at the scene on foot or in a 12 THE WITNESS: Yes, I called my daughter.
13 vehicle? 13 BY MS. HANNA:
14 A. I don't know. 14 Q. When did you call her in relation to your
15 Q. Did you see him as he arrived at the 15 call to Mr. Nersesyan?
16 scene? 16 A. Right afterwards.
17 A. No. 17 Q. What is your daughter's phone number that
18 Q. When did you first see him? 18 you called?
19 A. When I was sitting and he tapped me on my 19 A. I don't know.
20 shoulder. 20 Q. How did you call your friend and your
21 Q. What did he say? 21 daughter if you don't know their phone numbers?
22 A. He said I'm here, I'm here. 22 A. Cell phone.
23 Q. Did you speak with him at the scene? 23 Q. So they were logged into the cell phone
24 A. Not -- hello and what's going on, but 24 already?
25 nothing -- no major conversation. 25 A. Because I use a cell phone, I know
Page 114 Page 116
1 Q. Did he ask you what happened? 1 nobody's number.
2 A. It was chaotic at that point. So nobody 2 Q. And what's your daughter's name?
3 knew what was going on. 3 A. Diana. It's actually my stepdaughter.
4 Q. Did he ask you what happened? 4 Q. What's her last name?
5 A. He asked me what happened. 5 A. I hate to even try to pronounce.
6 Q. What did you say to him? 6 Q. You can -- I'd probably ask you to spell
7 A. The brakes failed. 7 it anyway.
8 Q. Did you say anything else? 8 A. Guyumdzhyan. It's G-u-y-m-d-z-h. They
9 A. I don't recall. 9 can't even spell their own last name.
10 Q. After you said that, what did he say? 10 Q. Anything after the Z-h?
11 A. I don't recall. 11 A. Y-a-n I guess.
12 Q. After you said that, what did he do? 12 Q. Okay. We won't hold you to that.
13 A. Stood by me. 13 MS. LIGHTFOOT: Objection. Calls for
14 Q. Did he stay with you until you were 14 speculation.
15 transported by ambulance from the scene? 15 BY MS. HANNA:
16 A. Correct. 16 Q. How old was Diana approximately at the
17 Q. Did he accompany you in the ambulance? 17 time?
18 A. No. 18 A. She's 26 at the time.
19 Q. Do you know what he did after you were 19 Q. And why did you call her?
20 transported from the scene? 20 A. Because they wouldn't give me any water.
21 A. I don't know. 21 And I asked her to bring me a bottle of water from
22 Q. Have you talked with him since that day 22 the house.
23 about the accident? 23 Q. Did she live with you at the time?
24 A. You mean in detail? 24 A. Yes.
25 Q. At all. 25 Q. So she was at your home when you called
Page 117 Page 119
1 her? 1 Q. How do you spell that?
2 A. Correct. 2 A. C-h-r-i-s-t-i.
3 Q. How long before she arrived at the scene? 3 Q. And what is Christi's last name?
4 A. I don't know. I'd have to speculate. She 4 A. M-k-h-s-y-a-n.
5 ran. She ran two blocks to get to me. 5 Q. M-k-h-s-y-n?
6 Q. So your home is two blocks from the 6 A. S-y-a-n.
7 accident scene? 7 Q. Thank you. Are you still with Christi?
8 A. Correct. 8 A. Yes.
9 Q. Is your home on Magnolia? 9 Q. Does she live at the same address as you?
10 A. Yes. 10 A. Yes.
11 Q. Is it from the accident scene, is it -- 11 Q. And is Diana her daughter as well?
12 A. West. 12 A. Correct.
13 Q. -- west? 13 Q. What did you -- why did you call Christi?
14 Was anyone home with Diana when you 14 A. I told Christi what happened and that I
15 called, if you know? 15 got into an accident and I was being transported to
16 A. I don't know. 16 the hospital.
17 Q. Did anyone come with her to the scene? 17 Q. When did you call Christi?
18 A. A friend of hers. 18 A. When did I call Christi?
19 Q. Who's that friend? 19 Q. When?
20 A. I don't know her name. 20 A. Well, first time I called her was at the
21 Q. A woman? 21 gas station to tell her I rented the vehicle and I
22 A. A woman. 22 was going home.
23 Q. Do you know if it was someone she went to 23 Q. And then you called her again?
24 school with, worked with? 24 A. I called her again.
25 A. Just an acquaintance. I don't get 25 Q. And where were you when you called her the
Page 118 Page 120
1 involved in their friends. 1 second time?
2 Q. Did anyone else accompany the two women to 2 A. The ambulance. I was going to the
3 the scene? 3 ambulance.
4 A. I don't think so. 4 Q. So when you were in the ambulance, you
5 Q. Did you call anyone else from the scene? 5 called Christi a second time?
6 A. Negative. 6 A. Correct.
7 Q. Did you text anyone while you were at the 7 Q. What did you tell Christi in that call
8 scene? 8 from the ambulance?
9 A. Negative. 9 A. I told her that I was in an accident and
10 Q. Did you e-mail anyone while you were at 10 for her not to drive, have somebody drive her to the
11 the scene? 11 hospital.
12 A. Negative. 12 Q. And you knew what hospital you were going
13 Q. At the time of the accident, did you have 13 to?
14 a smart phone? 14 A. St. Joseph's.
15 A. Yes, I did. 15 Q. Did she follow your instructions?
16 Q. What brand, type, model, if you know? 16 A. Yes.
17 A. It was a Samsung. 17 Q. Who drove her to the hospital?
18 Q. And what's your cell phone number? 18 A. I don't recall.
19 A. Area code 747-256-5141. 19 Q. How far is St. Joseph's from the accident
20 Q. After you rented the car, you told us you 20 scene?
21 stopped at a gas station and called a friend. And I 21 A. I would speculate. 15 minutes maybe.
22 forget if you told us the name. Who did you call? 22 Q. Did you call anyone else from the
23 A. I called Christi, my significant other. 23 ambulance?
24 Q. Christi? 24 A. No.
25 A. Christi. 25 Q. When you arrived at the hospital, did you
Page 121 Page 123
1 call anyone else that day? 1 vehicle?
2 A. No. My phone was not in my possession 2 A. No, I did not.
3 anymore. 3 Q. So at the hospital did L.A.P.D. just take
4 Q. When did you cease to have possession of 4 your wallet, phone, and contract from you?
5 your phone? 5 A. A set of keys, house keys.
6 A. When we arrived at the hospital, they took 6 Q. Thank you. So not the car keys?
7 all my keys, wallet, telephone. 7 A. Not the car keys to the Prius.
8 Q. Who is "they"? 8 Q. Prius. Thank you for clearing that up.
9 A. L.A.P.D. 9 Did you e-mail anyone after the accident
10 Q. And it was L.A.P.D. or CHP? 10 or at the -- from the hospital?
11 A. L.A.P.D. 11 A. No.
12 Q. Do you know who? 12 Q. From the time you rented the Hertz up
13 A. No, I do not. 13 until the time the accident happened, other than the
14 Q. Did they say why? 14 call at the gas station to Christi, did you
15 A. They took my phone apart. They took my 15 telephone anyone else?
16 ESN numbers. 16 A. No. Negative.
17 Q. They took your what? 17 Q. Did you text anyone?
18 A. My ESN numbers. 18 A. Negative.
19 Q. When did you get your keys, wallet, and 19 Q. Did you e-mail anyone?
20 phone back, if you did? 20 A. Negative.
21 A. They didn't. They just tossed them there 21 Q. Did you receive any telephone calls?
22 on the side of the room. 22 A. Negative.
23 Q. So they were available to you after the 23 Q. Did you receive any texts that you know
24 police got the information they wanted? 24 of?
25 A. No. They were literally thrown to the 25 A. Negative.
Page 122 Page 124
1 corner of the room. 1 Q. Did you receive any e-mails that you read?
2 Q. Of what room? 2 A. Negative.
3 A. The hospital room. The emergency room. 3 Q. Other than what the three -- well, four
4 Q. And what happened to them after that? 4 telephone calls to three people that you have
5 A. I objected. I said, you know, be careful 5 described while you were in the Prius that day, did
6 with my stuff. They said nothing will happen. And 6 you use your phone for any purpose?
7 until the CHP officer came and took over the 7 A. I did not.
8 investigation, then I was given my stuff back. 8 Q. Have you ever, other than a communication
9 Q. So a CHP officer retrieved the items and 9 with your attorneys, I'm not even assuming that
10 returned them to you? 10 happened, have you committed to paper or a soft
11 A. Correct. 11 tangible copy, such as a Word document or e-mail or
12 Q. Did the L.A.P.D. or a CHP keep anything 12 anything like that, have you committed in writing
13 from the keys, wallet, or phone? 13 your recollection of the events of that day?
14 A. The contract and the keys to the car I 14 A. No.
15 believe. 15 Q. Either electronically or on paper?
16 Q. Actually, I may have misspoken. So did -- 16 A. No.
17 now, after the Prius came to a stop, you said the 17 Q. You mentioned you're a Hertz member;
18 car was still running and you immediately got out 18 correct?
19 and looked under the front of the vehicle; correct? 19 A. Yes.
20 A. Correct. 20 Q. Are you a gold member?
21 Q. So the keys were still in the vehicle? 21 A. I'm not sure.
22 A. Correct. 22 Q. Did you have a copy of the contract
23 Q. Or were they on you? 23 available to you in your Hertz account, your
24 A. They were in the vehicle. 24 membership account?
25 Q. Did you ever retrieve the keys from the 25 A. I don't know.
Page 125 Page 127
1 Q. Have you ever checked? 1 Christi while you were at the hospital that day?
2 A. Never. 2 A. No.
3 Q. Is that something you or your attorneys 3 Q. When did you first -- when did you next
4 could do? 4 speak with Christi?
5 A. I don't know. 5 A. Going on the way home.
6 Q. Did you have any communications with your 6 Q. Did Christi drive you home?
7 insurance company concerning this incident, any 7 A. Yes.
8 writings reflecting communications with your 8 Q. In what vehicle?
9 insurance company about this accident? 9 A. Her own vehicle.
10 A. Writings, no. Conversations, yes. 10 Q. What's that?
11 Q. Did you make any notes of those 11 A. At the time it was a Mercedes.
12 conversations? 12 Q. Do you remember which one, like a year,
13 A. No. 13 model, make?
14 Q. Did you make any audio tapes of them? 14 A. A C300 I think.
15 A. No. 15 Q. Did anyone else ride with you on that
16 Q. Do you know if they did at the other end? 16 drive home?
17 A. I don't know. 17 A. No. Just her and I.
18 Q. What were your conversations with your 18 Q. What happened to the other person that had
19 insurance company? 19 driven Christi to the hospital?
20 MR. HOMAMPOUR: Well, hold on. Objection. 20 A. I don't know.
21 That's privileged. I don't know why I'm objecting. 21 Q. Are you sure someone drove her to the
22 MR. MORETON: Absolutely. Join. And work 22 hospital or did she drive herself? If you know.
23 product. 23 A. I don't know.
24 MS. HANNA: Are you instructing him not to 24 Q. Did she ever ask you what happened?
25 answer? 25 A. Got into an accident.
Page 126 Page 128
1 MR. MORETON: Yes. 1 MR. MORETON: How did she ever ask you?
2 BY MS. HANNA: 2 THE WITNESS: How did she ever ask me?
3 Q. Are you following the advice of counsel? 3 BY MS. HANNA:
4 A. I guess. Yes. 4 Q. Did Christi ask you what happened?
5 MR. MORETON: Yes. 5 A. Briefly, yes.
6 THE WITNESS: Yes. 6 Q. And what did you tell Christi?
7 BY MS. HANNA: 7 A. I told her that the brakes failed in the
8 Q. Of course, I'm not sure which one's your 8 car and I got into an accident.
9 counsel now. 9 Q. Did she ask you what you meant by that or
10 At the hospital that day, did Christi ask 10 any other questions?
11 you what happened? 11 A. No.
12 A. They wouldn't let her see me. 12 Q. Did you relate any other information about
13 Q. Who's "they"? 13 the incident to Christi?
14 A. Hospital. Police. 14 A. No.
15 Q. Why not, if you know? 15 MR. MORETON: That you can recall at this
16 A. I don't know. Ask them. 16 time.
17 Q. When did you first see Christi? 17 THE WITNESS: Not that I can recall. I
18 A. When I was laying on a gurney inside the 18 mean, I was a mess.
19 room. 19 BY MS. HANNA:
20 Q. So at some point she came into your room? 20 Q. Understand. So in the ensuing days,
21 A. They didn't let her in the room. 21 weeks, years, have you discussed this accident with
22 Q. You saw her outside the room? 22 Christi?
23 A. Outside the room, they blocked her off, 23 A. Pretty much not.
24 said you can't come in. 24 Q. Is it just something you two don't talk
25 Q. At any time were you able to speak with 25 about?
Page 129 Page 131
1 A. I've been basically in bed curled up for 1 Q. Did you own any other motorized vehicles
2 the past, you know, two or three years, pretty much. 2 at the time, such as boats, anything like that,
3 Q. Okay. We'll get to that later when I -- I 3 motor home?
4 want to know more about your current condition. 4 A. No.
5 Did you see any other friends or family of 5 Q. I'm just trying to understand how you're
6 yours at the scene that day? 6 towing boats and cars for fun.
7 A. Just my friend and my daughter. 7 A. I have a slew of friends that have boats,
8 Q. Why did you rent a car that day? 8 do offshore boat racing, camping, sailing, anything
9 A. My vehicle was down. 9 outdoors.
10 Q. What vehicle was that? 10 Q. Do you race boats?
11 A. A 19 -- 2004 F350 Ford pickup. 11 A. Yes. Used to.
12 Q. I'm sorry. Can you repeat that. 12 Q. Have you ever owned a race boat?
13 A. 2004 F350 Ford pickup. 13 A. Yes.
14 Q. That's a good size vehicle. Is there any 14 Q. What one?
15 particular reason why you have an F350? 15 A. Sorry?
16 A. I tow. I tow a lot. I transport things. 16 Q. What type, style, model?
17 Q. When did you purchase that vehicle? 17 A. Cigarette boat.
18 A. My 40th birthday. So there. 18 Q. Where would you race them?
19 Q. What's your date of birth? 19 A. Lake Havasu. The Delta. Vegas. You name
20 A. 03/31/1966. 20 it. I mean, all over. I've been all over Florida.
21 Q. So you purchased that vehicle used? 21 Q. Is boating your hobby?
22 A. Got it from a friend of mine, but it was 22 A. Yes, I would say that.
23 new. He couldn't keep up with the payments anymore. 23 Q. When was the last time you went boating?
24 Q. And who's the friend? 24 A. Three years ago.
25 MR. MORETON: Just listen to the question. 25 Q. Have you been boating of any kind since
Page 130 Page 132
1 Answer the question that's asked. 1 the accident?
2 BY MS. HANNA: 2 A. No.
3 Q. What friend had the Ford before you? 3 Q. Why not?
4 A. You mean name? 4 A. Not stable enough.
5 Q. Yes. 5 Q. Even as a passenger?
6 A. A-s-h. 6 A. Even as a passenger.
7 Q. Is that his first or last name? 7 Q. Okay. What do you mean when you say
8 A. First name. 8 you're not stable enough?
9 Q. What's his last name? 9 A. Well, since I've had strokes, I don't have
10 A. I don't know. 10 my game straight yet.
11 Q. Okay. Was it equipped with a tow hitch? 11 Q. How many strokes have you had?
12 A. Yes. 12 A. Four.
13 Q. Okay. And what do you tow and transport? 13 Q. When did you have them?
14 A. Boats, cars. 14 A. After the accident.
15 Q. Was that for work? 15 Q. Do you remember years or months?
16 A. For fun. 16 A. It would be 2015.
17 Q. Did you own any other vehicles at the time 17 Q. How many strokes did you have in 2015?
18 of the accident? 18 A. Four.
19 A. Yes. 19 Q. And who diagnosed them as strokes?
20 Q. What? 20 A. The hospital.
21 A. A 1974 Ford Pinto. 21 Q. Any particular doctor?
22 Q. You may be the only person. 22 A. Don't recall.
23 A. My high school car. 23 Q. Which hospital?
24 Q. And any other vehicles? 24 A. St. Vincent.
25 A. No. 25 Q. What city is St. Vincent's in?
Page 133 Page 135
1 A. Burbank. 1 BY MS. HANNA:
2 Q. Are you currently taking any medication 2 Q. Diabetes?
3 for anything related to those strokes? 3 A. Diabetes.
4 A. Yes. 4 Q. Type 1 or Type 2?
5 Q. What medications? 5 A. Type 2.
6 A. Let's see. baby aspirin, Clavex, 6 Q. Any other conditions?
7 hydralazine, Prozac, Flurazepam, Trazodone. Let's 7 A. Heart attack.
8 see. Clonidine, Flexamide, Furosemide. And a few 8 Q. Have you had a heart attack?
9 more I can't remember. 9 A. I have had a heart attack.
10 Q. Are any of those for conditions other than 10 Q. When?
11 strokes? 11 A. After the incident.
12 MR. HOMAMPOUR: Objection. Assumes facts 12 Q. Do you know when?
13 not in evidence. Calls for improper medical expert 13 A. Last '16. 2016 around Thanksgiving.
14 opinion. Did you say if those are for strokes? 14 That's when I had the renal failure.
15 MS. HANNA: Uh-huh, yes. 15 Q. Any other conditions that you can think
16 MR. HOMAMPOUR: No, but -- never mind. 16 of?
17 MS. HANNA: Those are -- 17 A. Not that can recall.
18 MR. MORETON: Are you asking if he knows 18 Q. When were you first diagnosed with kidney
19 what he's been told? 19 failure?
20 BY MS. HANNA: 20 A. When I went to St. Joseph's.
21 Q. Do you have other -- do you have any 21 Q. When was that?
22 current medical conditions? 22 A. Thanksgiving. June. Excuse me.
23 A. Kidney failure. 23 Thanksgiving 2016.
24 Q. Is that chronic? 24 Q. So before that time no one had said
25 A. Define chronic. 25 anything about your kidney?
Page 134 Page 136
1 Q. Have any of your doctors called it chronic 1 A. No. They were running fine. No problems.
2 kidney failure? Chronic is ongoing, as opposed to 2 Last checkup I had before the accident they were
3 acute. 3 running at 75 percent and they were just fine.
4 A. No. I don't ever speak to them. 4 Q. 75 percent of what?
5 Q. Would you be surprised to learn that your 5 A. A hundred.
6 doctors refer to it as chronic kidney failure? 6 Q. What test did you have that determined
7 Would you disagree with them if they called it 7 that?
8 chronic kidney failure? 8 A. Blood work I guess.
9 MR. MORETON: Objection. Calls for a 9 Q. Why did you have blood work?
10 medical opinion. 10 A. Go to the doctor, they do blood work.
11 THE WITNESS: I don't know. 11 Q. Before the accident how often did you go
12 BY MS. HANNA: 12 to the doctor?
13 Q. What other medical conditions are you 13 A. Seldom.
14 aware of? 14 Q. Did you have a primary care physician?
15 A. High blood pressure. 15 A. Yes.
16 Q. Anything else? 16 Q. Who's that?
17 A. Anxiety. Depression. Loss of significant 17 A. Michael Karapetian.
18 weight. 18 Q. Can you spell those names, please.
19 Q. How much do you weigh today? 19 A. Yes. Michael. M-i-c-h-a-e-l. Karapetian
20 A. 140. 20 is K-a-r-a-p-e-t-i-a-n.
21 Q. Any other medical conditions? 21 Q. Where are his offices?
22 MR. MORETON: That you can think of right 22 A. It's on Santa Monica. Los Angeles.
23 now. 23 Q. What his specialty.
24 THE WITNESS: No. 24 A. General doctor.
25 /// 25 Q. Any reason why you go to a doctor in Santa
Page 137 Page 139
1 Monica? 1 A. It's on Glendale, 1427 South Glendale
2 A. It's on Santa Monica Street in Hollywood. 2 Boulevard.
3 Q. Oh. Thank you. How long has he been your 3 Q. How frequently do you go?
4 physician? 4 A. Three times a week. Tuesday, Thursday,
5 A. All my life. 5 Saturday.
6 Q. Where were you born? 6 Q. How long are you there each time?
7 A. I was born in Armenia, Yerevan. 7 A. Four hours.
8 Q. When did you move to the United States? 8 Q. Have you used any other dialysis centers?
9 A. 1979. 9 A. Negative.
10 Q. So did you know Dr. Karapetian before you 10 Q. When were you first diagnosed with
11 came to the United States or since? 11 anxiety?
12 A. Before I came to the United States. 12 A. Pretty much after the accident.
13 Q. So literally he was your doctor when you 13 Q. Is that around the time of the accident?
14 were a little boy? 14 A. Afterwards.
15 A. We grew up together. 15 Q. Close in time to the date of the incident?
16 Q. Are you a U.S. citizen? 16 Or afterwards could be last month.
17 A. Yes, I am. 17 A. No. Right after the incident.
18 Q. When were you first diagnosed with high 18 Q. The same question for depression. When
19 blood pressure? 19 were you first diagnosed with that?
20 A. After the incident. After the car 20 A. Right after the accident.
21 accident. 21 Q. Actually, have you been diagnosed with
22 Q. Can you give me an approximate month or 22 depression?
23 year? 23 A. Yes.
24 A. That same day. 24 Q. By whom?
25 Q. On the date of the incident? 25 A. By a psychiatrist -- psychologist that I
Page 138 Page 140
1 A. My blood pressure went up through the roof 1 see.
2 and never came down. Still battling with it now. 2 Q. Who?
3 Q. Do you take medication for that? 3 A. San Fernando. I think it's called
4 A. Yes. 4 Macdonald Carey San Fernando. I mean, it's a long
5 Q. Is that among the medications you listed 5 name.
6 or additional? 6 Q. Any particular psychologist or
7 A. Some of them are listed and there's some 7 psychiatrist or doctor that you know at that
8 additional ones. 8 facility?
9 Q. What else do you take for that? 9 A. Well, that changed. Six of them since I
10 A. I don't know. I'd have to look. 10 started seeing them. So it's kind of hard to keep
11 Q. Same question for the kidney failure. 11 track of them.
12 Have you listed all those medications that you take 12 Q. When did you start there?
13 related to your kidney? 13 A. About two months after the accident.
14 A. I believe so, but there's some more I'm 14 Q. Were you referred there?
15 sure. 15 A. Yes.
16 Q. And who diagnosed the high blood pressure? 16 Q. By whom?
17 A. Don't remember his name. 17 A. A friend of mine looking for free clinics.
18 Q. Who treats you for it? 18 Q. Is this clinic free?
19 A. Well, I go to the dialysis center now. So 19 A. Correct.
20 I'm under constant care. 20 Q. So a friend of yours found it for you and
21 Q. What dialysis center do you go to? 21 told you about it?
22 A. DaVita. 22 A. Yes.
23 Q. Which one? 23 Q. Is that friend a physician?
24 A. Glendale West. 24 A. No. He just found it online.
25 Q. What street is it on? 25 Q. What's that friend's name?
Page 141 Page 143
1 A. H-o-v-i-k. Hovik. 1 A. Correct.
2 Q. What's Hovik's last name? 2 Q. What did he see?
3 A. I don't know. Actually, I do know. 3 A. I was using the restroom quite a bit. And
4 Demerjian. 4 then we did a glaucoma check to see what the count
5 Q. Can you spell that? 5 was and it was really high. So from there on we
6 A. D-e-m-j -- no. Wait a minute. 6 started going to doctors.
7 D-e-m-e-r-j-i-a-n. 7 Q. Who was the first doctor you saw for your
8 Q. Had you asked him to find something for 8 diabetes?
9 you? 9 A. Michael Karapetian.
10 A. He's a PT, physical therapist. So when I 10 Q. Has he been treating your diabetes since
11 couldn't walk and all that, he did a little bit of 11 you've been in your 20s?
12 research and referred me to this place, said they'll 12 A. Correct.
13 take you. 13 Q. Have you treated with any other doctors
14 Q. Does this Macdonald facility treat you for 14 for your diabetes?
15 -- actually, what does the -- what treatments do you 15 A. Negative.
16 receive at that facility? 16 Q. Were you diagnosed as Type 2 from the
17 A. Anxiety, depression, and I can't sleep. 17 beginning?
18 Q. Do they treat you for your gait or 18 A. Yes.
19 ambulation? 19 Q. How initially -- so back in your 20s, how
20 A. No. I'm working currently on that to get 20 did you manage your diabetes?
21 a physical therapist. 21 A. By diet alone.
22 Q. Who are you working on that with? 22 Q. Was that effective?
23 A. The DaVita dialysis center, they're trying 23 A. Effective.
24 to set me up. 24 Q. At some point did that change?
25 Q. Who do you work with there at the dialysis 25 A. Not really, no.
Page 142 Page 144
1 center? 1 Q. Have you ever been prescribed medication
2 A. The front girls or the PAs. There's -- 2 for your diabetes?
3 well, my nephrologist is Dr. Afsari. 3 A. Just insulin.
4 Q. Can you spell that, please. 4 Q. When were you first diagnosed insulin, or
5 A. A-f-s-a-r-i. 5 prescribed insulin? I'm sorry.
6 Q. Do you know Dr. Afsari's first name? 6 A. I would say I don't have a definite
7 A. No, I do not. 7 answer. I can't recall.
8 Q. When were you first diagnosed with 8 Q. Can you estimate if it was in your 20s,
9 diabetes? 9 30s, 40s?
10 A. Early on. 10 A. Mid 20s through early 30s.
11 Q. Can you estimate that for me? 11 Q. And, again, that would have been
12 A. In my early 20s. 12 Dr. Kar --
13 Q. Save me from doing the math. Were you 13 A. Karapetian.
14 living in Armenia or the United States at that time? 14 Q. Karapetian?
15 A. I was living in the United States. I came 15 A. Yes.
16 when I was 12. 16 Q. Sorry if I'm ruining his name every time I
17 Q. Thank you. Do you remember what doctor or 17 say it. And how did you first take insulin? Oral
18 facility first diagnosed you? 18 or some other way?
19 A. For the diabetes? 19 A. Pen.
20 Q. Yes. 20 Q. When you were first prescribed insulin,
21 A. My father. 21 what was your dosage?
22 Q. Is your father a physician? 22 A. It varies.
23 A. No, but he was diabetic. 23 Q. How does it vary? And by that I mean, who
24 Q. Did he tell you that he saw some signs or 24 determines it?
25 indications or something? 25 A. Well, depending on what my glucose numbers
Page 145 Page 147
1 are, that's how many units. So I do, let's say, 20 1 Q. What brand?
2 units in the morning, 17 at night, or sometimes 2 A. Different brands.
3 none. I mean, I found at higher than 20, I'm not 3 Q. Filtered or non-filtered?
4 going to inject myself and bottom out. 4 A. Filtered.
5 Q. Has that method of taking insulin remained 5 MR. HERICH: Is there any relevance to the
6 the same? 6 brand of cigarettes?
7 A. Yes. 7 MS. HANNA: Yes. He filed a lawsuit
8 Q. Do you still use a pen? 8 seeking compensation for injuries and a lot of
9 A. Yes. 9 things he's saying he's developed since the accident
10 Q. What brand? 10 and I would like to know about his prior medical
11 A. Humalog 70 -- 75/25 Humalog. 11 condition.
12 Q. At the time of the accident, what brand 12 Q. On the day of the accident -- let me back
13 pen were you using? 13 up. How far is the Hertz facility where you rented
14 A. Humalog. 14 the Prius from your home?
15 Q. Same? 15 A. Again, I'm going to guesstimate.
16 A. Same. 16 Q. Can you give an estimate on miles?
17 Q. Do you take any other medication for your 17 A. I'd say it would be maybe 20 minutes.
18 diabetes? 18 Q. And you said you rented the vehicle about
19 A. I don't recall. 19 10:30 that morning?
20 Q. Do you have any -- other than having 20 A. Correct.
21 diabetes, do you have any other medical conditions 21 Q. Okay. And according to the police report,
22 related to diabetes that you're aware of or a doctor 22 the accident happened about 1:30 in the afternoon.
23 has mentioned? 23 So other than getting -- how long did it take you to
24 A. Not that I'm aware of. 24 get the car washed?
25 Q. Do you suffer any dizziness? 25 A. Probably a half hour.
Page 146 Page 148
1 A. No. 1 Q. And how long were you on the phone with
2 Q. Any neuropathy? 2 Christi at the gas station?
3 A. No. 3 A. For a little bit.
4 Q. Then the 24 hours before the accident, had 4 Q. And then how long did it take you to get
5 you had any alcohol or nonprescription drugs within 5 from the gas station to where the accident happened?
6 24 hours before the accident? 6 A. I don't know.
7 A. Negative. 7 Q. Did you do anything else during those
8 Q. Do you smoke cigarettes? 8 several hours?
9 MR. MORETON: I didn't hear that. 9 A. No.
10 BY MS. HANNA: 10 Q. What did you eat for breakfast that
11 Q. Do you smoke cigarettes? 11 morning?
12 A. I used to. 12 A. I don't know.
13 Q. From what age to what age? 13 Q. Do you have a typical breakfast you have?
14 A. 31 to 44 I guess. 45. 14 A. Yeah.
15 Q. Were you a cigarette smoker at the time of 15 Q. What is it?
16 the accident? 16 A. Usually I have a muffin or something like
17 A. I had just quit. 17 that.
18 Q. Before or after the accident? 18 Q. Anything else?
19 A. Before the accident. 19 A. A little bit of tea. Maybe a toast.
20 Q. Within a year of the accident, 20 Q. Approximately what time?
21 approximately how much were you smoking? 21 A. I'm usually up early. So about 6:30,
22 A. Sometimes up to two packs a day. 22 7:00.
23 Q. For how long had you been smoking up to 23 Q. Do you remember what you ate that day or
24 two packs a day? 24 what time you ate that day?
25 A. From 31 to 45. 25 A. No.
Page 149 Page 151
1 Q. Given that it was a Wednesday on a weekday 1 A. No.
2 -- I can pretty much tell you what I eat when I'm 2 Q. When did you cease to work in that
3 not traveling on a daily basis. Do you kind of have 3 business?
4 a standard of when you eat and what you eat? 4 A. About six years ago. Oh, the business
5 A. No. I eat on the go. 5 stopped working, but I was still doing the same
6 Q. Were you working that day? 6 thing.
7 A. Was I working that day? I work all the 7 Q. So you did the same work, you just didn't
8 time. 8 do it under the business name Bart's?
9 Q. Okay. What was your work at the time? 9 A. I started doing bartering basically.
10 A. I did -- I was self-employed. 10 Q. From the time you rented the Prius until
11 Q. Doing what? 11 the accident, did you stop to have lunch anywhere?
12 A. Anything that I could get my hands on. I 12 A. No. Negative.
13 did engine builds, boat builds, racing engines, 13 Q. Did you have food in the vehicle with you?
14 racing boats. Anything that I could get my hands on 14 A. Negative.
15 that I could fix. 15 Q. Were you doing anything else on that
16 Q. Where would you do this work? 16 drive, such as eating food or --
17 A. Mobile. 17 A. Negative.
18 Q. Do you have all the tools to do the work? 18 Q. -- looking at anything?
19 A. Yes, I did. 19 MR. MORETON: Wait for the question.
20 Q. Or did you ever rent a facility? 20 BY MS. HANNA:
21 A. Mobile truck. I go and, you know, bring 21 Q. Like reading a book, a map, anything?
22 all my tools and everything with me. 22 A. Negative.
23 Q. And was that mobile truck the F350? 23 Q. And how often do you test your blood sugar
24 A. Yes. 24 level?
25 Q. Do you still have that? 25 A. Two or three times a day.
Page 150 Page 152
1 A. No. 1 Q. When?
2 Q. Did you have a name of your business? 2 A. Morning, afternoon, night.
3 A. Bart's Mobile Marine and Transport. 3 Q. And approximately what time for each
4 Q. Can you say it louder unless the court 4 morning, afternoon, and night?
5 reporter -- 5 A. Varies.
6 A. Bart's Mobile Marine and Transport. 6 Q. And on a typical day?
7 Q. And just so I'm clear, I'm not sure if 7 A. Morning, before 7:00 probably.
8 you're saying Vard's or Barns or -- 8 Q. Before you eat?
9 A. Bart's. B-a-r-t-apostrophe-s. 9 A. Before I eat.
10 Q. Did you purchase that business from 10 Q. And in the afternoon?
11 somebody? 11 A. Two-ish.
12 A. No. 12 Q. Is that before or after any lunch?
13 Q. Okay. That was -- is that your middle 13 A. That's if I eat lunch.
14 name? I couldn't hear when we started. 14 Q. Some days you don't eat lunch?
15 A. That is my middle name. 15 A. (Shakes head.)
16 Q. I thought you had said Vart at the 16 Q. Is that correct?
17 beginning. Sorry. 17 MR. HERICH: Objection. Relevance.
18 A. No. First name is Vartan, middle name is 18 THE WITNESS: Correct.
19 Bart, last name is Vartanian. 19 BY MS. HANNA:
20 Q. Thank you. I misheard you down at the 20 Q. And at night?
21 other end of the table. Thank you. So is that -- 21 A. Before I go to sleep.
22 never mind. 22 Q. Approximately what time do you go to
23 How long had you had that business? 23 sleep?
24 A. Since 2000 I believe. 24 A. I usually get into bed around 8:00.
25 Q. Do you still have that business? 25 Q. And was that also your schedule around the
Page 153 Page 155
1 time of the accident? 1 Q. What pharmacist do you get your machines
2 A. No. 2 from?
3 Q. Okay. So at the time of the accident, 3 A. Hye, H-y-e, Pharmacy.
4 let's say on the week before because it sounds like 4 Q. Does the pharmacist or Dr. Karapetian ever
5 maybe your lifestyle has changed a little bit since 5 ask -- access your blood sugar levels in that
6 the accident. 6 machine?
7 A. Dramatically. 7 A. No.
8 Q. So I kind of want to know more of at the 8 Q. Have they ever asked to?
9 time of the accident, would you test your blood 9 A. No.
10 sugar two to three times a day? 10 Q. So then before the accident what -- can
11 A. I would still test my blood sugar two to 11 you give me any idea of where your blood sugar
12 three times a day, but I wouldn't go to sleep at 12 levels would be in the morning, midday, and evening,
13 eight o'clock. I wouldn't -- you know, it was just 13 night?
14 set 24 hours a day running basically, doing things. 14 A. That morning it was 120.
15 Q. What time did you tend to go to sleep 15 Q. And why do you know that?
16 then? 16 A. Because I checked it.
17 A. I slept two or three hours a night, four 17 Q. Okay. Is there a particular reason why
18 hours. 18 you remember your blood sugar level that morning?
19 Q. You keep a log of your blood sugar level? 19 A. Because I checked it.
20 A. The machine does for me. 20 Q. As opposed to what was your blood sugar
21 Q. Okay. What machine? 21 level on May 3, 2016?
22 A. The blood glucose machine that I have. 22 A. That I wouldn't remember.
23 Q. Does it transmit the information anywhere? 23 Q. Okay. So is there a reason that you
24 A. No. 24 remember what it was on June 4, 2014?
25 Q. How do you access the information? 25 A. Because after the accident when it
Page 154 Page 156
1 A. It's got a digital display. 1 happened, I had them check my blood sugar and it
2 Q. Do you keep track of that number, keep a 2 skyrocketed even without eating anything.
3 record or a log of those numbers? 3 Q. Okay. When you say "them," who was that?
4 A. Logged in the machine. There are 4 A. The paramedics.
5 separate -- 5 Q. At the scene did they check it?
6 Q. How long is -- 6 A. At the scene. And it had shot up to 229.
7 A. Do I write it down? No. 7 Q. To what?
8 Q. How long of a history, log history does 8 A. 229.
9 that machine keep? 9 Q. Did anyone at the hospital check it later
10 A. I don't know. 10 that day?
11 Q. All right. Do you have the same machine 11 A. I don't recall.
12 today that you had on the date of the accident? 12 Q. Did you test your blood sugar level later
13 A. No. 13 that day?
14 Q. When -- 14 A. I don't recall.
15 A. They constantly break, buy new ones. 15 Q. Do you remember the next time you checked
16 Q. Do you have the machine that you had at 16 your blood sugar level?
17 the time of the accident? 17 A. I don't recall.
18 A. I don't know. I don't recall. 18 Q. Or what it may have been?
19 Q. Have you ever tried to fix them? 19 A. (Shakes head.)
20 A. No. Pharmacy gives you a new one. 20 Q. So within 24 hours of the accident, are
21 Q. Do you get these by prescription? 21 those the only two blood sugar level numbers that
22 A. No. I ask the pharmacist. They give it 22 you remember?
23 to me. 23 A. That I remember.
24 Q. Do you pay for it? 24 Q. Does Christi track your blood sugar
25 A. No. 25 levels?
Page 157 Page 159
1 A. No. 1 something?
2 Q. Does anyone else? Is there any other way 2 A. Correct.
3 or record or log of your blood sugar levels around 3 Q. Was your license suspended in June 2014?
4 the time of the accident? 4 A. No.
5 A. No one that I can think of, no. 5 Q. Did you ever receive notice in May 2014
6 Q. Do you know what your AC-1 levels were? 6 that your license was going to be suspended
7 MR. MORETON: Objection. Vague and 7 effective June 2014, June 26, 2014?
8 ambiguous as to time. 8 A. I don't recall.
9 BY MS. HANNA: 9 Q. When did you attain your current driver's
10 Q. Around the time of the accident, but 10 license?
11 before the accident? 11 A. A few months ago.
12 A. No. 12 Q. A few months ago?
13 Q. After the accident? 13 A. Correct.
14 A. I don't know. 14 Q. Was that a new application or renewal?
15 Q. Would you -- we've been going about it -- 15 A. Renewal.
16 actually, I'm not sure what time we started again. 16 Q. Did you have an active driver's license
17 One, almost two hours. Would you like a short 17 between June 2014 and up until a few months ago?
18 break? 18 A. Not for a little bit there. No.
19 MR. MORETON: Yes. 19 Q. When did you not have a driver's license?
20 THE VIDEOGRAPHER: Off the record. 2:47. 20 A. I can't recall.
21 (Break taken.) 21 Q. Do you remember for how long?
22 THE VIDEOGRAPHER: This is the start of 22 A. Maybe a year.
23 DVD No. 3. We are back on the record. The time is 23 Q. Okay. Why not?
24 3:08. 24 A. I was in bed.
25 /// 25 Q. Did your license expire?
Page 158 Page 160
1 BY MS. HANNA: 1 A. Expired. Correct.
2 Q. Mr. Vartanian, I may skip around a bit 2 Q. When you obtained your license a few
3 because I'm just following up and I want to go touch 3 months ago, you said it was a renewal. If it had
4 on some of the things that other counsel asked you 4 been expired, were you able to renew it or did you
5 about as well this morning. 5 have to make a new application for it?
6 Do you have a current driver's license? 6 A. No. I just had to renew it.
7 A. Yes, I do. 7 Q. Have you ever had to provide a medical
8 Q. Okay. Issued by California? 8 history, medical information to obtain a license?
9 A. Correct. 9 MR. MORETON: Objection. It's vague.
10 Q. Do you have any other driver's licenses? 10 THE WITNESS: I don't recall.
11 A. No, I do not. 11 BY MS. HANNA:
12 Q. Do you have any restrictions on your 12 Q. Have you ever had a commercial driving
13 license? 13 license?
14 A. No, I do not. 14 A. Class B.
15 Q. Have you ever had your license suspended? 15 Q. Do you still have that?
16 A. Yes. 16 A. No.
17 Q. When? 17 Q. What years did you have that?
18 A. 10, 15 years ago. 18 A. Probably '80 -- late '80s or '90s.
19 Q. Do you know why? 19 Q. Were you ever advised that your medical
20 A. Failure to appear I believe. 20 documentation expired for your license?
21 MS. LIGHTFOOT: I'm sorry. I couldn't 21 A. My medical documentation is expired for my
22 hear you. 22 license?
23 THE WITNESS: Failure to appear. 23 Q. Yes.
24 BY MS. HANNA: 24 MR. HOMAMPOUR: Objection. Vague and
25 Q. Was that for a traffic infraction or 25 ambiguous. Hold on. Assumes facts not in evidence
Page 161 Page 163
1 that you need medical evidence to obtain a driver's 1 A. Failure to year?
2 license. 2 Q. Failure to yield violations?
3 MR. MORETON: Yeah. Lacks foundation. 3 A. No.
4 THE WITNESS: I'm not understanding the 4 Q. Have you been in any other auto accidents?
5 question. 5 MR. MORETON: Objection. Irrelevant. Not
6 BY MS. HANNA: 6 reasonably calculated to lead to the discovery of
7 Q. Did you ever provide any type of medical 7 admissible evidence. Are you limiting it in time?
8 information to obtain your class B license? 8 BY MS. HANNA:
9 A. Yes. 9 Q. No.
10 Q. And what information was that generally? 10 A. Have I had any accidents? Yes.
11 A. Driving test. That was a long time ago. 11 Q. Okay. Have you been in any auto accidents
12 I don't really remember. 12 where you were the driver -- when you were driving
13 Q. Okay. And specifically as far as medical 13 the vehicle you were in?
14 information, do you remember? 14 A. Yes.
15 MR. MORETON: Does he remember what? 15 Q. How many?
16 BY MS. HANNA: 16 A. Probably a couple.
17 Q. Providing -- what type of medical 17 Q. Did any of them require treatment for
18 information he provided, if any. 18 injuries sustained in the accident?
19 A. Eyesight, hearing. Stuff like that. 19 MR. MORETON: Objection. Calls for
20 Q. Okay. Were you ever notified that your 20 speculation. Vague and ambiguous.
21 medical information expired or needed to be updated? 21 THE WITNESS: One of them I saw a doctor
22 MR. HOMAMPOUR: Objection. Assumes facts 22 for a little bit. Chiropractor.
23 not in evidence that you're suggesting it expired. 23 BY MS. HANNA:
24 Go ahead. 24 Q. Back issues, neck?
25 THE WITNESS: I don't recall so. 25 A. Neck. Neck and shoulder.
Page 162 Page 164
1 BY MS. HANNA: 1 Q. Did those issues resolve?
2 Q. Okay. 2 A. Yes.
3 A. I just -- 3 Q. Do you remember approximately what year
4 MR. MORETON: You answered the question. 4 that accident was?
5 BY MS. HANNA: 5 A. Early 2012, maybe '11.
6 Q. Have you been issued any speeding 6 Q. Okay. Was a police report prepared about
7 violations? 7 that accident?
8 MR. MORETON: Objection. Irrelevant. Not 8 A. I don't recall.
9 reasonably calculated to lead to the discovery of 9 Q. Whose fault was that accident?
10 admissible evidence. Are you limiting it in time? 10 A. Not mine.
11 BY MS. HANNA: 11 Q. Was there another driver involved?
12 Q. In the last ten years. 12 A. Yes.
13 A. Speeding? 13 Q. Have you had any surgeries?
14 Q. Yes. 14 A. Surgeries as far as?
15 MR. MORETON: In the ten years preceding 15 Q. Have you had any?
16 the accident? Is that the question? 16 A. Yeah. I've had skin grafts.
17 BY MS. HANNA: 17 Q. What was -- just generally, what was the
18 Q. Sure. Ten years preceding the accident, 18 reason for the skin graft? I want to know if it's
19 were you issued any speeding -- 19 related to any conditions.
20 A. I don't think so. 20 A. My boat exploded, caught on fire.
21 Q. How about any red light violations? 21 Q. And did those injuries resolve? They were
22 A. One. 22 to your face and hands?
23 Q. Do you remember what year? 23 A. (Nods head.)
24 A. No. 24 Q. Yes?
25 Q. And failure to yield? 25 A. Yes.
Page 165 Page 167
1 Q. And it looks to me like everything is 1 MR. MORETON: Objection. That's vague and
2 resolved. 2 ambiguous. Is that a question?
3 Did you have orthopedic surgeries or 3 BY MS. HANNA:
4 issues with your bones other than the chiropractic 4 Q. Yes.
5 you've mentioned? 5 A. My entire foot?
6 A. No. 6 Q. Yes.
7 Q. Do you -- have you ever been employed by 7 MR. HOMAMPOUR: Objection. Vague and
8 the L.A.P.D.? 8 ambiguous. "Entire foot," what are you talking
9 A. Not L.A.P.D. per se, but I used to drive a 9 about?
10 tow truck for the police department called Official 10 BY MS. HANNA:
11 Police Garage, OPG. 11 Q. I want to understand. You said you were
12 Q. When was that? What years? 12 hitting the floorboard. You said you were hitting
13 A. Can't recall. 13 the floorboard.
14 Q. Can you give me an estimate? 14 A. The bottom of the pedals.
15 A. I would say '90s. 15 MR. MORETON: Let's wait until there's a
16 Q. And you still have insurance through them, 16 question.
17 the L.A.P.D.? 17 BY MS. HANNA:
18 A. No. 18 Q. Okay. And then you said you hit the power
19 Q. Okay. The reason I ask is I saw this in 19 button. How many times?
20 some records that your insurance provider was the 20 MR. HOMAMPOUR: Objection. Hold on.
21 L.A.P.D. and I was wondering what the relationship 21 Let's be clear. What point in time are we talking
22 was. Do you know? 22 about?
23 A. No. 23 MS. HANNA: The point in time when you're
24 Q. Do you have any connection with Copart? 24 referring to at Line 15 to 16 on that Page 17.
25 MR. MORETON: With what? 25 MS. LIGHTFOOT: Which line? I'm sorry.
Page 166 Page 168
1 BY MS. HANNA: 1 MS. HANNA: 15 to 16.
2 Q. Copart? 2 MR. MORETON: And may we have the question
3 A. I used to work for them. 3 -- when you're done, may we have the question read
4 Q. When did you work for them? 4 back, please.
5 A. Somewhere around 35 years old. 5 THE WITNESS: It says "engaged the cruise
6 Q. A while ago? 6 control."
7 A. Somewhere around 35 years old. 7 MR. MORETON: Wait a minute. Did you read
8 Q. Do you remember which facility, the street 8 it?
9 address or city? 9 THE WITNESS: It says "engaged cruise
10 A. Woodman and Saticoy. 10 control," 15.
11 Q. Now, the day of the accident you described 11 MR. MORETON: Okay. Let's listen to the
12 that you were pumping. That was the word you used; 12 question.
13 correct? 13 THE WITNESS: Okay.
14 A. (Motions.) 14 BY MS. HANNA:
15 Q. And was your leg moving up and down as 15 Q. All right. I'm referring to Lines 15 to
16 well? 16 16. So it's the next sentence.
17 A. Yes. 17 A. We're on Page 17?
18 Q. Okay. And Counsel showed you, I think 18 Q. Correct.
19 it's Exhibit 3 in front of you, the police report. 19 A. Line 15?
20 And if you could turn to Page 17, please. And I'm 20 MR. MORETON: What do you mean you're
21 looking at Line 7 to 11. Want to orient yourself? 21 referring to line 15 and 16 in the next sentence?
22 A. Okay. 22 MS. HANNA: He said "engaged the cruise
23 Q. Okay. And so I can understand this, so 23 control." I'm referring to the sentence that reads,
24 your entire right foot is hitting the floorboard the 24 "P-1 reiterated," et cetera. So I just wanted to
25 entire time you're pumping? 25 make sure he was not misunderstanding my question
Page 169 Page 171
1 based on what I heard him say. 1 she then disengaged from your vehicle?
2 MR. MORETON: All right. So now, before 2 A. Correct.
3 you say anything, let's have the question read back 3 Q. Okay. Did you hit any other girls?
4 so you know what the question is. 4 A. I don't know.
5 (The record was read as follows: 5 Q. Did you see the Prius hit any other girls?
6 "And then you said you hit the power 6 MR. HOMAMPOUR: Objection. Asked and
7 button. How many times?") 7 answered.
8 THE WITNESS: Several. 8 MS. LIGHTFOOT: Join.
9 BY MS. HANNA: 9 MR. MORETON: Objection. It's vague and
10 Q. For how long each time? 10 ambiguous.
11 A. I don't recall. 11 THE WITNESS: After coming in contact with
12 Q. At what point in time? At what point in 12 the first child, her smashing the window, it got
13 time during the incident? 13 completely so I couldn't see. My next thing was to
14 A. As I was approaching the red light. 14 turn this way because I couldn't see ahead of me. I
15 Q. Okay. And so that's the button that's 15 didn't know what was there. So I turned to the
16 labeled power? That's the one you're talking about? 16 left, struck a vehicle, bounced off of that. When I
17 A. It's to turn on and turn off the car. 17 crossed the street, I hit the sidewalk.
18 Q. Okay. And you described that you hit a 18 BY MS. HANNA:
19 girl in the crosswalk; is that correct? 19 Q. When you struck the first girl, did you
20 A. Okay. 20 hear her impact your windshield?
21 Q. Was that the Asian looking girl you 21 A. I guess so.
22 referred to later? 22 Q. Okay. So did you strike any other
23 A. No. 23 pedestrians that day or not at all?
24 Q. It was a different girl? 24 MR. HOMAMPOUR: Objection. Asked and
25 A. Correct. 25 answered.
Page 170 Page 172
1 Q. Can you describe her in any way? 1 MR. MORETON: It was asked and answered.
2 A. Blonde. 2 He doesn't know it. He told you.
3 Q. Do you know her name? 3 THE WITNESS: No.
4 A. No. 4 BY MS. HANNA:
5 Q. Did she hit the windshield? 5 Q. Did you hear?
6 A. Correct. 6 A. I don't know. I don't recall.
7 Q. Did she hit any other part of your 7 Q. How do you know that you struck a vehicle?
8 vehicle? 8 You just told me you couldn't see out your
9 MR. MORETON: That you know about? 9 windshield about the girl. So how do you know you
10 THE WITNESS: I don't recall. 10 struck a vehicle?
11 BY MS. HANNA: 11 A. You could see a vehicle in front of you.
12 Q. Where on the windshield? 12 Q. Okay. But you couldn't see pedestrians?
13 A. Driver's side. 13 A. You can't see pedestrians.
14 Q. With what part of her body? 14 Q. Is it possible you only hit one girl that
15 A. Her head. 15 day?
16 Q. What happened to her after she impacted 16 MR. HOMAMPOUR: Objection. Asked and
17 the windshield? 17 answered.
18 A. Shattered windshield. I didn't see. 18 MR. HERICH: Calls for speculation.
19 Q. Did you see how her body moved? 19 MR. MORETON: It does call for
20 A. No. 20 speculation.
21 Q. Did you see where she moved to? 21 THE WITNESS: No.
23 Q. Did she stay on your vehicle? 23 Q. Okay. You hit all three?
24 A. No. 24 MR. MORETON: Objection. Misstates his
25 Q. So as soon as she impacted the windshield, 25 testimony.
Page 173 Page 175
1 THE WITNESS: I don't know. 1 Q. What was the name of the friend whose
2 MR. MORETON: He told you he hit one and 2 Prius you operated before for 20 minutes?
3 he doesn't know if he hit any others. 3 A. I don't remember his name. I can't
4 BY MS. HANNA: 4 recall.
5 Q. Okay. One more question. Do you know how 5 Q. Did you work with him?
6 many people, how many pedestrians you hit that day? 6 A. He's an acquaintance of my friend.
7 A. I was told three. 7 Q. What your friend's name?
8 Q. Okay. But from your -- what you observed, 8 A. Vic.
9 not what from what people told you, what did -- how 9 Q. I'm sorry?
10 many did you observe? 10 A. V-i-c. V-i-c.
11 A. I only saw one girl. 11 Q. What's Vic's last name?
12 Q. Okay. Who told you three? 12 A. Don't know.
13 A. Paramedics. People that were around. 13 Q. When you borrowed the Prius a year before
14 Q. Were they there when the accident 14 the accident, did you review any Prius materials
15 happened? 15 before you drove it?
16 MR. MORETON: Objection. Calls for 16 A. Negative.
17 speculation. 17 Q. An owner's manual, warnings, anything?
18 THE WITNESS: I don't know. 18 A. Negative.
19 BY MS. HANNA: 19 Q. Did either Vic or the owner of the Prius
20 Q. Earlier this morning you said, when you 20 instruct you on how to operate the Prius?
21 went to Hertz, the vehicle was not available and 21 A. Nothing.
22 they brought -- and I could be paraphrasing. I'm 22 Q. You just got in and drove it?
23 just going from my notes. They brought over a Prius 23 A. Correct.
24 from another location? 24 Q. That day at Hertz did you request any
25 A. Correct. 25 instructions about the Prius?
Page 174 Page 176
1 Q. So the Prius they brought over from 1 A. No.
2 another location was not -- is it correct that the 2 Q. Did you review any explanatory materials
3 Prius they brought from another location was not the 3 that day about how to operate the Prius?
4 vehicle they told you was not available? 4 A. No.
5 MR. HOMAMPOUR: Objection. Vague. 5 Q. Did you review an owner's manual?
6 THE WITNESS: He didn't tell me. 6 A. No.
7 BY MS. HANNA: 7 Q. Did you review any literature of any type,
8 Q. Okay. Did you reserve a Prius? 8 printed or promulgated by Toyota about the Prius?
9 A. No. I reserved a vehicle. 9 A. No.
10 Q. Okay. Do you remember what model or 10 Q. Or printed or provided by any entity about
11 group, compact, subcompact, midsize, green 11 the Prius?
12 collection? 12 A. No.
13 A. Small. Small vehicle. Small kind. 13 Q. Did you think you needed to?
14 Economy vehicle is what I asked for. 14 MR. MORETON: Objection. Calls for
15 Q. Do you know what location -- did they tell 15 speculation.
16 you what location they brought the vehicle from? 16 BY MS. HANNA:
17 MR. MORETON: What? The Prius from the 17 Q. To drive it?
18 subject vehicle? 18 A. Didn't think I needed to.
19 BY MS. HANNA: 19 Q. Okay. You mentioned when you were on the
20 Q. The Prius. 20 -- at the Hertz facilities still, you said something
21 A. No. 21 about you described the brakes, that you had to
22 Q. Do you know, other than bringing the Prius 22 press them down and then you referred to it as a,
23 to you, do you know how recently it had been driven 23 quote, "panic stop," close quote, to stop the
24 or for how long? 24 vehicle. Was it the feel like the brakes were
25 A. Negative. 25 grabbing more than you expected? I want to
Page 177 Page 179
1 understand what was going on. 1 Q. Okay. What speed were you driving on the
2 A. Basically, yes. It was nothing initially 2 freeway that day?
3 and then it would just -- you know, it felt like 3 A. Normal traffic, I guess. Whatever it was
4 they were working. 4 everybody else was driving. Following speed of
5 Q. Okay. And when you then pressed them, the 5 traffic.
6 vehicle did slow or stop? 6 Q. Do you remember what it was that day?
7 A. It stopped. 7 A. No, I don't recall.
8 Q. Okay. So by the time you left the Hertz 8 Q. Was the flow 65 miles per hour or were you
9 facility, when you pressed the brakes, the vehicle 9 in stopped traffic?
10 did slow or stop as you intended? 10 A. No. It was moving.
11 A. Yes. 11 Q. It was moving?
12 Q. When you went to the gas station, did the 12 A. Correct.
13 vehicle stop so you could make your telephone call? 13 Q. When you pressed each of those buttons,
14 A. Yes. 14 did you observe any lights engage in the vehicle,
15 Q. What route did you take from the gas 15 such as on the dash?
16 station to the freeway? I think you said you went 16 A. Negative.
17 Sherman Way eastbound and then got on the freeway? 17 Q. Did you hear any buzzer sound?
18 A. Correct. 18 A. Negative.
19 Q. Did you pass through -- did you encounter 19 Q. Was there any indication that you had
20 -- because I don't want to imply that you went 20 actually engaged any of those modes?
21 through them. Did you encounter any stop signs or 21 A. Negative.
22 traffic signals? 22 Q. Is it possible that you did not engage any
23 A. I don't recall. 23 of those modes?
24 Q. Do you recall stopping during the route 24 MR. HERICH: Objection. Calls for
25 for -- to obey traffic signals? 25 speculation.
Page 178 Page 180
1 A. I'm sure I had. You know, I don't know. 1 MR. MORETON: Objection. Calls -- yeah.
2 I don't recall. 2 THE WITNESS: I don't know.
3 Q. How long were you on the freeway from the 3 BY MS. HANNA:
4 time you got on it until you took the Magnolia exit, 4 Q. Did you know any of the officers on the
5 either in time, miles? 5 scene that day from before the accident?
6 A. Three exits. 6 A. Negative.
7 Q. Three exits. Do you know what distance 7 Q. L.A.P.D. or CHP?
8 that is? 8 A. Negative.
9 A. Probably three miles. 9 Q. While you were traveling on the freeway
10 MR. MORETON: Well, are you guessing or do 10 that day, did you press the brakes at all? I'm
11 you know? 11 talking about before the exit.
12 THE WITNESS: I'm guessing. 12 A. Yes, of course.
13 BY MS. HANNA: 13 Q. To correspond to the traffic movement?
14 A. Okay. Don't guess. 14 A. Yes.
15 Q. But it's an area you've lived in for 15 Q. And when you did so, did the vehicle slow
16 years; correct? And you take that road every day 16 as you expected?
17 practically; is that correct? 17 A. Yes.
18 A. Yes. 18 Q. So while you were on the freeway, there
19 Q. Yeah. You mentioned that you were trying 19 was -- the vehicle didn't behave in a manner that
20 the different modes on the vehicle during that trip; 20 concerned you; is that correct?
21 is that correct? 21 A. Correct.
22 A. Correct. 22 Q. Did you put the vehicle in B mode that
23 Q. Were you doing that while you were driving 23 day?
24 on the freeway? 24 A. In what mode?
25 A. Yes. 25 MR. MORETON: Objection.
Page 181 Page 183
1 BY MS. HANNA: 1 and asked and answered.
2 Q. B. Do you know what that is? 2 BY MS. HANNA:
3 MR. MORETON: No foundation. 3 Q. Did you try anything else?
4 BY MS. HANNA: 4 A. That's all I can think of.
5 Q. B on the transmission. If I say 5 Q. Okay. Did you engage the parking brake at
6 "prindle," do you know what I'm referring to? 6 all?
7 A. Prindle? 7 A. No, I did not.
8 Q. Prindle. 8 Q. Now, you've described that you basically
9 A. No. 9 drove between the two lanes of vehicles that were
10 Q. Okay. So if I'm talking about the stick, 10 stopped at the light; correct?
11 the transmission, that from which you move to park, 11 A. Yes.
12 reverse, drive, et cetera. 12 Q. Did you take any steering maneuver to the
13 A. Yeah. 13 right or to the left? For example, to go off road?
14 Q. Are you aware in the Prius that there is a 14 A. I'm not following you.
15 position marked B? 15 MS. CARROLL: I'm sorry. I didn't hear.
16 A. No. 16 THE WITNESS: I'm not following her.
17 Q. Okay. So then I'm going to assume -- do 17 BY MS. HANNA:
18 you know what B stands for? 18 Q. Just if I look at the photos in Exhibit 9
19 A. No. 19 approaching the intersection, there's some area on
20 Q. Have you ever read anything about it? 20 either side of the two lanes.
21 A. No. 21 A. Correct.
22 Q. Did you put the vehicle in B that day that 22 Q. Did you steer into either of those areas?
23 you know of? 23 MR. MORETON: Objection. Asked and
24 A. Not that I recall. 24 answered.
25 Q. Okay. Are you aware that the vehicle, the 25 THE WITNESS: No.
Page 182 Page 184
1 information obtained from the vehicle says that it 1 MR. MORETON: He already told you he did
2 was in the B mode that day? 2 not.
3 MR. HERICH: Assumes facts not in 3 THE WITNESS: I did not. And besides
4 evidence. 4 that, all those areas were bush.
5 THE WITNESS: I don't even know what a B 5 BY MS. HANNA:
6 mode is. 6 Q. What kinds of bush?
7 BY MS. HANNA: 7 A. Trees. They got cut down two days later.
8 Q. Okay. While you were on the Magnolia 8 Q. Who cut them down?
9 exit, did you make any effort to move the 9 MR. MORETON: Objection. Calls for
10 transmission lever to any position? 10 speculation.
11 A. Yes, after it came to a stop. 11 BY MS. HANNA:
12 Q. When you were under the overpass? 12 Q. If you know.
13 A. Correct. 13 A. Don't know.
14 Q. Okay. When you're on the -- when you were 14 Q. What type of trees?
15 on the exit, did you? 15 A. Bushes. Big bushes.
16 A. No, I don't think so. No. 16 Q. Bushes or trees?
17 Q. Why not? 17 A. Trees. Bushes. This whole area was just
18 A. Because I was trying to stop the vehicle. 18 completely covered. Both sides. And they came with
19 Q. How did you try to stop the vehicle that 19 big equipment and cut it.
20 day? 20 MR. MORETON: Okay. You answered the
21 A. By depressing the brakes. 21 question.
22 Q. Okay. How else? 22 BY MS. HANNA:
23 A. I tried to shut off the car. 23 Q. Do you know who has responsibility for
24 Q. How else? 24 maintaining that?
25 MR. HERICH: Objection. Vague as to time 25 A. I do not.
Page 185 Page 187
1 Q. Those sides? 1 Q. Did you engage your cruise control at all
2 MR. HERICH: Objection. Calls for a legal 2 that day?
3 conclusion. Calls for speculation. 3 A. I don't know.
4 BY MS. HANNA: 4 Q. And also, while you were on the freeway,
5 Q. Have you seen anyone out there, any group 5 did you engage your cruise control?
6 or any entity out there performing landscaping 6 A. No, I did not.
7 maintenance in the time that you've lived in the 7 Q. Okay. Did you purposely, like with
8 area? 8 intention, engage the cruise control that day?
9 A. Yes. 9 A. Of course not.
10 Q. Do you know the entity? 10 Q. And so you're saying you don't know if you
11 A. No, I do not. 11 may have engaged it when you were on the off-ramp?
12 Q. Did the bushes and trees obstruct your 12 Is that what you're saying? Correct me. I don't
13 view of the vehicles that were stopped at the red 13 want to put words in your mouth.
14 light on the off-ramp? 14 A. I don't recall engaging the cruise
15 A. Not the vehicles. 15 control.
16 Q. When you were on the Magnolia off-ramp, 16 Q. Do you know if it engaged?
17 and you testified there was one car in the left 17 A. I don't know.
18 lane and two cars in the right lane near the 18 Q. Who drove the Prius to the Hertz facility?
19 stoplight; correct? 19 MR. HOMAMPOUR: Objection. Calls for
20 A. Right. 20 speculation.
21 Q. Were there any cars between those cars and 21 MR. MORETON: If you know.
22 you as you exited the entire off-ramp? 22 BY MS. HANNA:
23 A. Negative. 23 Q. Well, I don't want to call for
24 Q. Were there any vehicles next to you? 24 speculation. I thought your testimony was that they
25 A. Negative. 25 brought the Prius to the Hertz facility from another
Page 186 Page 188
1 Q. Were there any vehicles, you know, closely 1 location; is that correct?
2 behind you that you could see? 2 A. Correct. Correct.
3 A. I don't think so. 3 Q. Who drove it there?
4 Q. In your years of driving commercial 4 A. I have no idea.
5 vehicles, personal vehicles, whatever, it sounds 5 Q. Did you see anyone drive it there?
6 like you drive a lot of vehicles, have you ever 6 A. No.
7 needed to turn the vehicle off quickly, like in an 7 Q. How do you know they brought it from
8 emergency situation? 8 another location?
9 MR. HOMAMPOUR: Objection. Vague and 9 A. Because they told me.
10 ambiguous. While it's in operation? 10 Q. Is this that Mushu? Musho?
11 BY MS. HANNA: 11 A. Correct.
12 Q. Yes, while it's in operation. 12 Q. Now, when you took it to the car wash that
13 A. I can't recall. 13 day, did you have to pull it into the car wash and
14 Q. Did you sound your horn that day? 14 stop?
16 MR. MORETON: Objection. Can you give us 16 Q. Did you turn the engine off?
17 a time period? 17 A. No.
18 BY MS. HANNA: 18 Q. You left it running?
19 Q. As you were exiting on the Magnolia 19 A. Correct.
20 off-ramp, at any time did you sound your horn? 20 Q. Stepped out of it?
21 A. I tried. 21 A. Stepped out of it.
22 Q. What did you do? 22 Q. Before you stepped out of it, did you do
23 A. Depressed the steering wheel. 23 anything to the vehicle so it would not move?
24 Q. Did it make a sound? 24 A. Put it into park.
25 A. I don't remember. 25 Q. How did you do that?
Page 189 Page 191
1 A. The lever. 1 A. Sutured. Stapled.
2 Q. You used the lever? 2 Q. Was that in Armenia?
3 A. Correct. 3 A. No. It was here.
4 Q. Where is park on that vehicle on the 4 Q. It was here. So shortly after you came
5 lever? 5 here?
6 MR. MORETON: If you recall. 6 A. Correct.
7 THE WITNESS: I don't recall. 7 Q. Where was that treated?
8 BY MS. HANNA: 8 A. Hollywood Presbyterian Hospital.
9 Q. Okay. Did you take the keys out with you? 9 Q. Since that time up until the day of the
10 A. No. 10 accident, have you had any difficulties with your
11 Q. Did you leave the keys in the vehicle? 11 left eye?
12 A. Correct. 12 A. No. Except the cornea's scratched, but we
13 Q. And then an attendant drove it through the 13 talked about.
14 vehicle or is this the one where people come up and 14 Q. And your cornea is scratched?
15 wash or drove it through a car wash or do they come 15 A. Yes.
16 up and wash it in place? 16 Q. When was that?
17 A. I think they take it inside and it comes 17 A. Couple of years before the accident.
18 out. 18 Q. How did that happen?
19 Q. So it kind of goes on a ramp -- on a rail 19 A. I had a tree branch smack me.
20 or something? 20 Q. Did you treat anywhere for that?
21 A. Yes. 21 A. I went to the doctor. They gave me the
22 Q. Did the carwash people tell you that they 22 ointments.
23 had any trouble with that vehicle? 23 Q. Which doctor?
24 A. No. 24 A. Lugine Eye Institute.
25 Q. If I find what I'm looking for, I'll pull 25 Q. And you're so good about spelling. How do
Page 190 Page 192
1 it out at break. 1 you spell "Lugine"?
2 Have you ever been told you have a 2 A. L-u-g-i-n-e.
3 detached retina? 3 Q. Thank you. What street? Do you know what
4 MR. HOMAMPOUR: Objection. Assumes facts 4 street that's on or what city?
5 not in evidence. 5 A. They're right next to Glendale Memorial
6 THE WITNESS: I'm sorry? 6 Hospital.
7 BY MS. HANNA: 7 Q. Thank you. Have you had any other
8 Q. Have you ever been told you have a -- 8 injuries to your left eye?
9 okay. Do you have a detached retina? 9 MR. MORETON: That you can recall.
10 A. No, I do not. 10 THE WITNESS: Not that I can recall.
11 Q. Have you ever? 11 BY MS. HANNA:
12 A. When I was 15 years old. 12 Q. Any injuries to your right eye?
13 Q. In which eye? 13 A. No.
14 A. Left eye. 14 Q. When you were coming off the off-ramp, you
15 Q. What caused it? 15 described the two vehicles in the right lane. You
16 A. 02 cartridge. 16 said one looked like it was turning right and one
17 Q. From what? 17 was aimed more to either go left or straight; is
18 A. A BB gun. 18 that correct?
19 Q. Is that the cartridge blasted into your 19 A. Correct.
20 left eye? 20 Q. Okay. Which one was the front vehicle?
21 A. Slammed into the eye socket and had a 21 I'll call the front vehicle then the first in line
22 detached retina. 22 and then the second in line. Does that make sense
23 Q. And how was that treated? 23 to you?
24 A. It was repaired. 24 A. No, because they were side by side.
25 Q. How? 25 Q. Okay. So there were two vehicles side by
Page 193 Page 195
1 side, one's in the left lane turning left; is that 1 A. Correct.
2 correct? Or going straight? Do you know? 2 Q. As if turning right?
3 A. There was actually -- 3 A. Correct.
4 MR. MORETON: Objection. Vague and 4 Q. Was that vehicle completely within the
5 ambiguous. 5 lane or was it on the shoulder somewhat?
6 BY MS. HANNA: 6 MR. HOMAMPOUR: Objection. Vague and
7 Q. Yes. And we'll go through it. Okay. 7 ambiguous. What do you mean by "lane" versus
8 Three vehicles. There was one in the left lane; 8 "shoulder"?
9 correct? 9 MR. MORETON: Join.
10 A. Correct. 10 BY MS. HANNA:
11 Q. And do you know what type of vehicle? 11 Q. Do you know what a traffic lane is versus
12 A. No. 12 outside of the traffic lane? Next to it is a
13 Q. Okay. Color? 13 shoulder area.
14 A. (Shakes head.) 14 A. You're talking about the -- about --
15 Q. How was it positioned? 15 Q. Can I have the big photos so I can tell
16 MS. CARROLL: I'm sorry. Was that a "no"? 16 you?
17 I couldn't hear. 17 A. It's right here.
18 MS. HANNA: He said no. 18 Q. What's that?
19 MS. CARROLL: Thank you. 19 A. One was here.
20 MS. HANNA: Thank you. 20 Q. Do we have one?
21 MS. CARROLL: If you could just speak up a 21 A. One was over here.
22 little bit. It's hard for us to hear. Sorry. 22 MS. CARROLL: I think it's --
23 THE WITNESS: Okay. 23 MS. HANNA: It's on the bottom.
24 BY MS. HANNA: 24 MS. CARROLL: This one might help too.
25 Q. How was it positioned within the lane? 25 MR. MORETON: Which one is that?
Page 194 Page 196
1 A. More towards the left. 1 MS. HANNA: Oh, that's a --
2 Q. And was it angled as if turning left or 2 MS. CARROLL: It hasn't been entered yet.
3 aiming straight ahead? 3 MS. HANNA: That looks like a good one.
4 A. Aiming straight ahead. 4 MR. MORETON: Trying to find one. How
5 Q. Okay. Now, for the vehicles in the right 5 about this one?
6 lane, there were two of them; correct? 6 BY MS. HANNA:
7 A. Correct. 7 Q. Okay. So how about just looking at
8 Q. So there was one in the front? 8 Exhibit 9.
9 A. Far right. 9 A. Just like this one here who's going to
10 Q. Okay. Far right. 10 make a right. And here's another one. See?
11 A. Making a right. 11 MR. MORETON: Okay. Well, there's no
12 Q. Oh, and then the next vehicle was next to 12 question right now.
13 it? 13 BY MS. HANNA:
14 A. Correct. 14 Q. Okay. So it looks like you want to look
15 Q. Oh. Thank you. This is clarifying. I 15 at Exhibit 9, photo 8.
16 didn't understand that. So basically, as you're 16 MR. MORETON: That's where we are.
17 approaching the intersection, there are three 17 MS. HANNA: Is that where you're looking
18 vehicles in a row? 18 at?
19 A. Yes. 19 MR. MORETON: Yes.
20 Q. Thank you. So there's one in the right 20 BY MS. HANNA:
21 lane with the two vehicles. Do you remember either, 21 Q. Okay. So in the far right lane, one
22 what types of vehicles they were? Color? 22 vehicle is aimed to the right and then there's
23 A. I do not. 23 another vehicle right next to it that's aiming in
24 Q. For the vehicle that is there, one of the 24 which direction?
25 vehicles was angled to the right; correct? 25 A. It's straight.
Page 197 Page 199
1 MR. MORETON: What? 1 down and find out if and when he moved out.
2 BY MS. HANNA: 2 Q. So rather than me put a timing on it,
3 Q. Okay. So it's straight as opposed to 3 while you were taking the exit ramp that day,
4 pointing left? 4 Mr. Vartanian, you testified that you started out in
5 MR. MORETON: Mischaracterizes the 5 the right-hand lane. At some point did you leave
6 photograph itself. 6 the right-hand lane?
7 BY MS. HANNA: 7 A. Yes. I moved over into the left.
8 Q. Oh, I'm not talking about the photograph. 8 Q. When approximately on the off-ramp?
9 I want to know about the day of the accident on the 9 A. I don't recall.
10 -- just we're orienting ourselves in the lane. 10 Q. Could you tell me if it was halfway down,
11 On the day of the accident, there are two 11 one third, three quarters, any estimate?
12 vehicles in the right-hand lane; correct? 12 MR. MORETON: Only if you recall.
13 A. Side by side. 13 THE WITNESS: I don't recall.
14 Q. Side by side. And are they in the 14 BY MS. HANNA:
15 crosswalk at all? 15 Q. Did you move into the left lane before or
16 MS. LIGHTFOOT: Calls for speculation. 16 after you testified that you applied brakes?
17 BY MS. HANNA: 17 A. After.
18 Q. Well, you saw it. Were they in the 18 Q. And why did you move into the left lane?
19 crosswalk? 19 A. Because if I would have gone straight, I
20 MR. MORETON: If you recall. 20 would have struck the other two cars.
21 THE WITNESS: I don't recall. 21 Q. If you went straight in the left lane,
22 BY MS. HANNA: 22 would you have hit a car?
23 Q. Okay. Was there room to have two vehicles 23 A. Yes, but there was nobody in front of it.
24 side by side there? 24 Q. Was there somebody in front of the two
25 A. Yes. 25 cars in the right lane?
Page 198 Page 200
1 Q. Okay. So two vehicles were side by side 1 A. Yes. They were crossing.
2 in one lane when you -- correct? 2 Q. Once you were in the left lane, were you
3 A. Correct. 3 fully in the left lane?
4 Q. Okay. When you took the exit, which lane 4 A. At one point, yes.
5 were you in when you first got on the exit? 5 Q. Did that change at some point?
6 A. I was in the right lane coming down the 6 A. Yes. When I decided to thread between the
7 hill. 7 two cars.
8 Q. And assuming there had been no accident 8 Q. So then you were moving. Were you trying
9 that day, what would have been your path? 9 to move between the car that was in the left lane
10 A. My path would have been to make a right 10 and the closest car, the car in the right lane that
11 where this white vehicle is making a right. 11 was the second car, the middle car?
12 Q. And then what would you have done to go 12 A. Yes.
13 home? 13 Q. Did you see the traffic signal when you
14 A. I would have gone west to more lights and 14 first got on the exit ramp?
15 then turn into my apartment building. 15 MR. MORETON: Objection. It's vague.
16 Q. Did you ever move out of the right-hand 16 MS. HANNA: I'd like to clean it up. How
17 lane? 17 is it vague?
18 MR. MORETON: Objection. 18 MR. MORETON: Well, when you first --
19 MR. HERICH: Objection. Asked and 19 where is first on the exit ramp?
20 answered. Vague as to time. 20 BY MS. HANNA:
21 MR. MORETON: Yeah. That is vague and 21 Q. Okay. Is there a point when you entered
22 ambiguous. 22 the exit ramp -- okay. From the gore point -- do
23 MS. HANNA: I think it's easier for me to 23 you know what a gore point is?
24 ask it this way, Counsel, rather than to come to a 24 A. No.
25 big conclusory statement because I want to take him 25 Q. Okay. On the freeway when the freeway
Page 201 Page 203
1 goes straight and an exit goes off. 1 Q. So on Exhibit 9, photograph 8 on the left
2 A. Okay. 2 lane as you're coming down the exit ramp, there are
3 Q. Okay. And there's, you know, this part 3 three cars shown on this photo.
4 where it's going off and that's called the gore 4 A. Yes.
5 point. 5 Q. A red one and two white or light-colored
6 A. Okay. 6 cars. Using those as reference points, can you
7 Q. Okay. From the gore point when you first 7 estimate where, when there were bushes as there were
8 start taking the exit -- 8 on the day of the accident, where you could first
9 A. Okay. 9 see the traffic signal?
10 Q. -- could you see the -- did you see the 10 A. Somewhere around here.
11 traffic signal? 11 Q. So beyond the last car?
12 A. No. You cannot see it. 12 A. Beyond the last car.
13 Q. Okay. At what point on the exit did you 13 Q. Is that the area where you first tried to
14 first see the traffic? 14 apply your brakes that day?
15 MR. MORETON: Wait until she's finished. 15 A. A bit further up.
16 THE WITNESS: When you're fully on the 16 Q. I'll take a minute to go through my
17 exit. 17 questions. After you struck the one girl and then
18 BY MS. HANNA: 18 you struck the Nissan Sentra and turned left -- are
19 Q. Okay. So looking backwards up, photograph 19 you with me so far?
20 8, toward the freeway, Exhibit 9, photograph 8, I 20 A. I turned left and then struck the car.
21 see a white car up there. Do you see that car? 21 Q. You turned left and then struck the Nissan
22 MR. HERICH: Objection. Vague. There's 22 Sentra?
23 several white cars. 23 A. Yes.
24 MR. MORETON: Which white car are we 24 Q. Okay. Do you know where the Nissan was,
25 talking about? 25 what lane it was in when you struck it?
Page 202 Page 204
1 BY MS. HANNA: 1 A. It would be the second lane from the
2 Q. If I go back up here, do you see that car? 2 right.
3 A. Yes. 3 Q. So it was traveling eastbound?
4 Q. Okay. From that point can you see the 4 A. It was traveling westbound.
5 traffic light? 5 Q. Thank you.
6 A. At the time, no. 6 MR. MORETON: It was traveling from left
7 Q. At what point -- since you take this exit 7 to right or from right to left as you saw it?
8 every day, or you did for years, at what point can 8 THE WITNESS: This is the exit.
9 you see the traffic signal? 9 MR. MORETON: Yeah.
10 MR. HERICH: Objection. Asked and 10 THE WITNESS: This is me coming out.
11 answered. 11 First lane, second lane. So I hit him in the second
12 THE WITNESS: Okay. How should I put 12 lane here.
13 this? Since the bushes were all there before, you 13 MR. MORETON: Oh, okay.
14 couldn't see the lights. Now when you're coming 14 BY MS. HANNA:
15 down the off-ramp, you can see the lights. Before 15 Q. So when you said first lane, you were
16 you could not. 16 referring to the lane closest to the curb on
17 BY MS. HANNA: 17 Magnolia?
18 Q. Was before when there were more bushes? 18 A. Correct.
19 A. Yes. 19 Q. Okay. I just want to clarify that because
20 Q. At some point could you see the traffic 20 that's the reverse of how many of us in this room
21 signal? 21 refer to lanes. So thank you. Some of us.
22 A. Yes. 22 MR. HERICH: To the extent it calls for
23 Q. Okay. Approximately where? 23 speculation, we think it's the first lane.
24 A. Approximately about halfway you could say, 24 BY MS. HANNA:
25 you know, but that would be a guesstimation. 25 Q. Now, I forgot what I was asking you about
Page 205 Page 207
1 that. So at the point when after you turned left, I 1 Q. You mentioned a security guard that came
2 believe you testified a few different ways. So I 2 up to you after the accident.
3 want to understand. Did you hit the -- 3 A. Yes.
4 MR. HERICH: Objection. Misstates the 4 Q. Do you know what company he was with?
5 prior testimony to the extent you said he testified 5 A. I do not know.
6 a few different ways. 6 Q. Did you see where he came from?
7 MS. CARROLL: I don't think she was done 7 A. School security guard.
8 with the question. 8 Q. So he was related to the school that the
9 MS. HANNA: He's being facetious. 9 girls went to?
10 Q. Did you hit the, I guess, south curb on 10 A. Yes.
11 Magnolia, the south side curb on Magnolia? 11 Q. Do you know he was -- why he was out at
12 MR. MORETON: Objection. It's vague and 12 that vicinity?
13 ambiguous as to time and location. 13 A. No clue.
14 BY MS. HANNA: 14 Q. Are the security guards at that
15 Q. So the curb for the eastbound lanes. 15 intersection every day, every school day?
16 A. One more time. 16 A. Yes.
17 Q. In the area under the overpass. 17 MR. HERICH: Objection. Calls for
18 A. Yes. 18 speculation.
19 Q. Okay. The curb there is the curb for the 19 BY MS. HANNA:
20 eastbound lanes? 20 Q. You said yes?
21 A. Yes. 21 A. Yes.
22 Q. Okay. That curb, how many times did you 22 Q. All day or during certain hours?
23 hit it? 23 MS. LIGHTFOOT: Calls for speculation.
24 A. About five, six. 24 THE WITNESS: School hours.
25 Q. So did you -- were you steering such that 25 MS. LIGHTFOOT: Lacks foundation.
Page 206 Page 208
1 you hit it? 1 BY MS. HANNA:
2 A. I would try to, you know, scrape and then 2 Q. Have you seen those security guards at
3 just let it slide, but it would just bounce off 3 that intersection during the school day for the days
4 every time. 4 that you pass it during school hours?
5 Q. And how far off would it bounce? 5 A. Have I seen them?
6 A. I don't know. 6 Q. Yes.
7 Q. Each time it bounced, did you steer back 7 A. I'm sure I have. I don't pay any
8 to your right? 8 attention.
9 A. Yes. 9 MR. MORETON: No, no. Don't make
10 MR. HOMAMPOUR: Just so we're clear, "it" 10 assumptions. The question is, have you seen them
11 is the Toyota Prius? 11 before. If so, say yes, and if you haven't or you
12 MS. HANNA: The Prius. 12 don't know, then say that. Don't say -- don't
13 THE WITNESS: The Prius. 13 assume.
14 MS. HANNA: The Prius. 14 THE WITNESS: Okay.
15 Q. And eventually the vehicle came to a stop; 15 MR. MORETON: So have you seen them before
16 correct? 16 out there?
17 A. Correct. 17 THE WITNESS: I don't know.
18 Q. And did it impact anything at the front to 18 MR. MORETON: Okay.
19 stop it? 19 BY MS. HANNA:
20 A. I don't think so. I don't know. 20 Q. Has anyone ever told you that you should
21 Q. When you got out to see if there was 21 not drive?
22 anyone under your car, was there any fixed object -- 22 MR. MORETON: Objection. It's vague as to
23 A. No. 23 time.
24 Q. -- in front of your car? 24 BY MS. HANNA:
25 A. None that I know of. 25 Q. Ever?
Page 209 Page 211
1 A. No. 1 question. That's a statement. So if you have a
2 Q. You mentioned you were self-employed at 2 question, let's just proceed.
3 the time of the accident; correct? 3 BY MS. HANNA:
4 A. Correct. 4 Q. Did you understand any question to be a
5 Q. Have you filed any disability claims 5 serious question?
6 related to this accident? 6 A. How did my shoe affect my --
7 A. No, I have not. 7 MR. MORETON: No, no, no. Don't ask
8 Q. Have you ever driven with two feet? 8 questions. This -- we're getting off course here,
9 MR. MORETON: Objection. Vague and 9 Counsel.
10 ambiguous. 10 MS. HANNA: We're fine. Let's just go on.
11 BY MS. HANNA: 11 MR. MORETON: Just go on now.
12 Q. Operating pedals. When driving a vehicle, 12 MR. HOMAMPOUR: She's reframing it as your
13 have you ever used two feet to operate a vehicle? 13 view.
14 A. Yes. 14 MS. HANNA: And I just didn't want more
15 Q. For what purpose? 15 speeches on the record by Counsel.
16 A. To change gears on a stick shift car. 16 THE REPORTER: Okay. And I have a
17 Q. Have you ever driven an automatic 17 question.
18 transmission with two feet to operate the pedals? 18 MS. HANNA: Uh-huh?
19 A. No. 19 THE REPORTER: I didn't hear the second
20 Q. What size shoe do you wear? 20 word you said. The first word was Sperry, the type
21 A. Size ten. 21 of shoe you were wearing, and then you said
22 Q. What shoes were you wearing the day of the 22 something else.
23 accident? 23 THE WITNESS: Boat shoe.
24 A. Boat shoes. 24 MR. HOMAMPOUR: He said Sperry.
25 Q. Top siders? Is that what boat shoes are? 25 THE WITNESS: Sperry.
Page 210 Page 212
1 A. Sperry's. Non-skid. 1 THE REPORTER: Sperry.
2 MR. HOMAMPOUR: Just for the record, you 2 THE WITNESS: Sperry is a brand.
3 weren't laughing in the context of this case. You 3 THE REPORTER: Yes.
4 were laughing at what you presume is a silly 4 MR. HOMAMPOUR: Topsiders, Sperry's.
5 question raised by Toyota to blame your shoes for 5 THE REPORTER: And then he said something
6 this accident? 6 after that.
7 THE WITNESS: Yes. 7 THE WITNESS: They're non-skid.
8 MS. HANNA: Objection. And move to 8 THE REPORTER: Non-skid. Thank you.
9 strike. 9 BY MS. HANNA:
10 MR. HOMAMPOUR: No. I'm just making sure 10 Q. I'll follow it up. Do you still have
11 you're not laughing because you're being 11 those shoes?
12 insensitive. It's just someone asked you about your 12 A. Yes.
13 shoes in the context of this very serious case where 13 Q. Can you please keep them through the end
14 the brakes went out. 14 of this litigation?
15 THE WITNESS: Correct. 15 A. Okay.
16 BY MS. HANNA: 16 Q. Thank you. And why did you rent the
17 Q. I meant it as a serious question. Did you 17 vehicle that day?
18 not take it that way? 18 MR. HERICH: Objection. Asked and
19 MR. HOMAMPOUR: No. I don't think any of 19 answered.
20 us can predict that kind of a silly question. 20 MS. HANNA: It probably was and I
21 MS. HANNA: Counsel, I'm not asking you. 21 apologize for my memory.
22 I'm asking the witness a question. I was serious. 22 MR. MORETON: Join.
23 MR. HOMAMPOUR: He couldn't predict it. I 23 THE WITNESS: My truck was down.
24 don't think he would laugh -- 24 BY MS. HANNA:
25 MR. MORETON: Okay. That's not a 25 Q. And what was wrong with the truck?
Page 213 Page 215
1 A. Rear end was leaking and I had a broken 1 what you've testified to about the, you know, light,
2 fender. 2 pedestrians and the location of the vehicles, did
3 Q. How long did you rent the Prius for? 3 anything happen that distracted you while you were
4 A. One day. 4 on the off-ramp that day?
5 Q. And were you going to use your Prius for 5 A. Negative. No.
6 work -- use that Prius for work? 6 MR. HERICH: Belated objection. Vague.
7 A. Just to get around. 7 Other than the girl hitting his windshield.
8 Q. Did getting around involve your work? 8 BY MS. HANNA:
9 A. No. Just getting around during the day. 9 Q. What was your speed on the off-ramp, the
10 Q. What were you doing? Were you going to be 10 Magnolia off-ramp? And if it varied, can you tell
11 working that day? 11 me what it was at any different point? So if you
12 A. I don't recall. 12 want to start at the beginning, middle, and end,
13 MS. LIGHTFOOT: I believe that was asked 13 that's fine. Or if you just want to generalize.
14 and answered. 14 MR. MORETON: Objection. Multiple
15 BY MS. HANNA: 15 compound question. What would you like him to
16 Q. I'm just taking a little time because I've 16 answer?
17 asked a lot of these questions. So please bear with 17 BY MS. HANNA:
18 me while I'm reading through. 18 Q. What was your vehicle speed on the
19 Other than what you've already testified 19 off-ramp that day?
20 to, have you ever driven a Prius? 20 A. My foot was off the gas. I have no idea.
21 A. No. 21 Q. What was your vehicle speed as you put
22 Q. Have you driven a Prius since the 22 your right blinker on to get on the off-ramp?
23 accident? 23 A. 55.
24 A. No. 24 Q. Had You --
25 Q. Have you ever driven any hybrid vehicle? 25 A. That's speculation again. I don't know.
Page 214 Page 216
1 A. No. 1 MR. MORETON: Okay. Then tell her you
2 Q. Have you ever driven any electric vehicle? 2 don't know.
4 MR. MORETON: Other than the ones he's 4 Q. Well, if you have a reasonable estimate,
5 testified to. 5 I'm entitled to it. So if you --
6 BY MS. HANNA: 6 A. Reasonable estimate, I would think it
7 Q. Other than the two Priuses you testified 7 would be 55.
8 to, yes. Have you? 8 MR. HOMAMPOUR: Hold on, hold on. That is
9 A. No. 9 the difference between in your mind knowing how long
10 Q. Has anyone discussed -- other than your 10 a table is and giving an estimate and then guessing
11 lawyers, has anyone discussed with you the results 11 what your speed was. So don't confuse the two.
12 of the several inspections by the law enforcement 12 THE WITNESS: Well, then I don't know.
13 agencies of the Prius? 13 MS. HANNA: And I'd like Counsel to
14 A. No. 14 refrain from the speaking objections --
15 Q. Are you aware of the results of those 15 MR. MORETON: That's not a speaking
16 inspections? 16 objection.
17 A. No. 17 MS. HANNA: -- and directions to the
18 Q. I think I know the answer, but I have to 18 witness.
19 ask. Was there anyone else in the vehicle with you 19 Q. What was the flow of traffic, the speed of
20 that day? 20 the flow of traffic within 50 feet of the exit on
21 A. No. 21 the freeway?
22 Q. Were there any animals in the vehicle with 22 A. One more time.
23 you that day? 23 Q. Sure. What speed were you traveling
24 A. No. 24 before you put on your right blinker?
25 Q. Did anything happen on the -- other than 25 A. On the freeway?
Page 217 Page 219
1 Q. Yes. 1 MR. MORETON: Join.
2 A. Freeway speed. 2 BY MS. HANNA:
3 Q. Okay. And as you first got onto the 3 Q. So pump, what do you mean by pump?
4 off-ramp, what was your speed? 4 A. Pressing the brakes.
5 MR. MORETON: Objection. Asked and 5 Q. So depress and release. Is that what you
6 answered. He told you he didn't know. 6 mean? Depress and release?
7 THE WITNESS: I didn't know. I took my 7 A. Yes.
8 foot off the gas. I don't know. 8 Q. And how long --
9 BY MS. HANNA: 9 MR. HOMAMPOUR: Objection. "Depress and
10 Q. Did you ever notice your speed, like look 10 release," what does that mean? It's vague and
11 at the speedometer while you were on the off-ramp at 11 ambiguous.
12 any point? 12 MS. HANNA: I'm going to ask some
13 A. Since I wasn't speeding, no. 13 follow-up questions, Counsel. And, you know, you
14 Q. Having been a driver for decades, do you 14 had a few hours this morning. I'd like to ask my
15 have an estimate of what your speed was at any point 15 questions with either just single objections and not
16 on the off-ramp that day? 16 that.
17 A. I don't know. 17 MR. HOMAMPOUR: Oh, no, no, no.
18 Q. How fast were you traveling when you 18 MS. HANNA: You can object vague and
19 struck the first girl? 19 ambiguous.
20 MR. HOMAMPOUR: Objection. Assumes that 20 MR. HOMAMPOUR: Hold on. You want to use
21 he struck anybody. The Prius struck somebody. 21 the Toyota technical term press and release.
22 MR. MORETON: Objection. 22 MS. HANNA: Okay. I'm going to object now
23 BY MS. HANNA: 23 to this --
24 Q. How fast were you traveling when the Prius 24 MR. HOMAMPOUR: I have no idea what that
25 and the girl -- when the girl walked in front of the 25 means. I don't know if you know what that means.
Page 218 Page 220
1 Prius? 1 MS. HANNA: Counsel, if you'd listen to my
2 MR. HOMAMPOUR: Well, I'd object to that. 2 question.
3 MR. MORETON: Objection. It's asked and 3 MR. HOMAMPOUR: You're misleading people.
4 answered. And there's no foundation. 4 There's no way that's happening.
5 THE WITNESS: I don't know. 5 MS. HANNA: I was asking him --
6 BY MS. HANNA: 6 MR. HOMAMPOUR: You just used the phrase
7 Q. Do you have an estimate? 7 "depress and release." I don't know what that
8 A. Guesstimate. 8 means. Sorry.
9 Q. Well, an estimate. I mean, you said you 9 BY MS. HANNA:
10 were trying to brake and just with your years of 10 Q. Mr. Vartanian, what do you mean by "pump"?
11 experience of driving, I want to know if you can 11 A. By pump?
12 estimate the speed of your vehicle, I mean, if it 12 Q. Yes.
13 was 40, 30, 25. 13 MR. HOMAMPOUR: He already told you five
14 A. Again, it would be speculation on my part. 14 times. He showed you.
15 Q. I don't want you to speculate. I'm just 15 THE WITNESS: Press on the brakes and
16 asking if you have an estimate. 16 release them.
18 Q. Okay. Thank you. And just so I'm clear, 18 Q. I couldn't hear over Counsel.
19 you said you were pumping the brakes -- correct? -- 19 A. Pressing on the brake and releasing it.
20 as opposed to you continuous -- firmly and 20 Q. And what do you mean by "pressing" the
21 continuously applied them? 21 brake?
22 MR. HOMAMPOUR: Objection. Vague and 22 A. Depressing it down, taking my foot off the
23 ambiguous as to what "firmly and continuously 23 brake, pressing it down again until it hits the
24 applied them" means. 24 floorboard. Back up again until the floorboard.
25 MS. HANNA: You used the words. 25 Back up again until the floorboard. Back up again
Page 221 Page 223
1 until the car stopped. 1 pedal I believe. Couldn't be the top.
2 Q. Okay. How many times did you do that? 2 BY MS. HANNA:
3 MR. MORETON: Objection. Asked and 3 Q. And did your foot also --
4 answered. He told us. 4 MR. HOMAMPOUR: You know, hold on a
5 THE WITNESS: Several. Multiple. Many. 5 second. Hold on a second. You know, I'm just going
6 Continuously. 6 to ask that we be serious. It's a serious topic,
7 BY MS. HANNA: 7 everybody. Even though it's a little boring.
8 Q. Which one? 8 MR. MORETON: Yeah. Let's take a
9 A. Continuously. 9 five-minute break here.
10 Q. So from the time you first applied the 10 MS. HANNA: Okay. And then I would also
11 brakes until the Prius came to a stop? Is that what 11 like that objections be stated as objections and the
12 you mean? 12 basis and no more speaking objections.
13 A. Yes. 13 MR. MORETON: Let's just take a
14 Q. Approximately how long was each cycle of 14 five-minute break.
15 your description of what a press -- what a pump is, 15 MS. HANNA: We're going to take a break.
16 a press and release? 16 Thank you.
17 MR. HOMAMPOUR: Objection. 17 THE VIDEOGRAPHER: Off the record. 4:19.
18 MR. MORETON: Objection. 18 (Break taken.)
19 MS. HANNA: Reading your definition. 19 THE VIDEOGRAPHER: Back on the record.
20 MR. MORETON: Calls for speculation. 20 4:31.
21 MS. LIGHTFOOT: Join. Lacks foundation. 21 BY MS. HANNA:
22 BY MS. HANNA: 22 Q. Mr. Vartanian, what was your height and
23 Q. When you said you depressed the pedal to 23 weight on the day of the accident?
24 the floorboard, did you say until it touched the 24 A. Six feet. 178 pounds I believe.
25 floorboard? 25 Q. And are you claiming that you have
Page 222 Page 224
1 A. Yes. 1 psychological, mental, those nervous system injuries
2 Q. And how do you know that? How did you 2 as a result of this accident?
3 know it touched the floorboard? 3 A. Yes.
4 A. Because it made a thump when it hit the 4 Q. And who has -- has anyone told you that
5 floorboard. 5 such allegations of injuries were caused by this
6 Q. Okay. Can you describe that any more 6 accident?
7 specifically for me? 7 A. One more time.
8 MR. MORETON: Describe what? 8 Q. Sure. Has any doctor told you that those
9 MS. HANNA: The sound. 9 conditions are a result of the accident?
10 MR. MORETON: Other than a thunk? You 10 A. I don't recall.
11 want something else? 11 Q. Are you treating with any other physicians
12 THE WITNESS: I don't know. 12 other than the people you have testified to today?
13 BY MS. HANNA: 13 A. I don't think so.
14 Q. If the answer is "no," you're fine to say 14 Q. Okay. Or any other facilities, if that's
15 that, Mr. Vartanian. 15 easier?
16 A. No. Thunk. 16 A. No.
17 Q. And it made that sound each time? 17 Q. Cleanup issue. On the break we were
18 A. Yes. 18 discussing Exhibit 5, photograph 20 where you marked
19 Q. What part of the brake pedal mechanism hit 19 in red ink and labeled E.R. as an approximate
20 the floorboard? 20 position of a girl of Asian descent at the accident.
21 MR. MORETON: Objection. Vague and 21 Just so the record is clear, we're going to
22 ambiguous. Calls for speculation. 22 separately mark this photograph as Exhibit 10.
23 MR. RAND: Calls for expertise also beyond 23 Is that fine, Mary?
24 his -- 24 MS. LIGHTFOOT: Yes. Thank you.
25 THE WITNESS: The bottom of the brake 25 ///
Page 225 Page 227
1 BY MS. HANNA: 1 scale, can you estimate how far, you know, back up
2 Q. There are a few telephone numbers listed 2 the brake pedal travel path it came?
3 in the police report and I'd like to just find out 3 A. I believe it came up, all the way back up.
4 if you recognize them. Okay? The first one is 818- 4 Q. Okay. Do you know what effect, if any,
5 399-2931. 5 pumping brakes has on a Prius?
6 A. That was my partner's telephone number 6 A. No, I do not.
7 before. 7 Q. Do you know what effect, if any, pumping
8 Q. Is that Christi? 8 brakes as frequently as you described in the
9 A. Christi's telephone number before. 9 accident has on, for example, your Ford F350?
10 MR. MORETON: Excuse me. What page are 10 A. Yes.
11 you referring to, Counsel? 11 Q. What?
12 MS. HANNA: I'm referring to -- it's a 12 A. Pumps up the pressure hydraulically.
13 supplemental of the police report. 13 Q. And then what is the result of that is
14 MR. MORETON: Okay. Thank you. 14 your understanding?
15 BY MS. HANNA: 15 A. You take the air out of the system and you
16 Q. She has a different phone number now? 16 have brake fluid that's actually going to the
17 A. Yes. 17 calipers.
18 Q. Okay. And then the other phone number is 18 Q. Can you deplete your brake vacuum doing
19 818-974-9403. Do you recognize that? 19 that?
20 A. Yes. 20 MR. MORETON: Objection. Calls for an
21 Q. Whose is that? 21 expert opinion.
22 A. That is Sarkis Nersesyan. 22 BY MS. HANNA:
23 Q. Glad you said it. Your friend? 23 Q. Of your F350, if you know.
24 A. Yes. 24 MR. HERICH: And objection. Also calls
25 Q. Do you recall receiving a phone call just 25 for relevance. Irrelevant.
Page 226 Page 228
1 before the accident? Let me rephrase it. Did you 1 THE WITNESS: I don't know.
2 receive a phone call just before the accident? 2 BY MS. HANNA:
3 MR. MORETON: What's just before? 3 Q. Did you rely on any statements from Toyota
4 Objection. Vague as to time. 4 in the rental of the Prius that day?
5 BY MS. HANNA: 5 MR. MORETON: Objection. Asked and
6 Q. I'm going to paraphrase from the police 6 answered.
7 report. "In the moment preceding the collision." 7 THE WITNESS: Any statements from Toyota?
9 Q. Using the description you gave to me 9 Q. Yes.
10 before the break about pressing and releasing the 10 A. I'm not following you.
11 brake pedal, when you released, were you letting the 11 Q. Okay. Did you rely on any advertising,
12 pedal come all the way back up to like its rest 12 marketing, materials of any fashion, electronic or
13 position? 13 paper, in the rental of the Prius that day?
14 A. I don't believe so. 14 A. No.
15 Q. Okay. Can you estimate how far back up in 15 Q. Did you rely on statements by anyone in
16 its travel you were letting it come, or it came? 16 your rental of the Prius that day in the selection
17 A. I would have to guesstimate again. 17 of the Prius?
18 Q. You mentioned at the Hertz lot that, when 18 A. No.
19 you depressed the pedal, you would press it three 19 MS. CARROLL: Objection. Assumes facts.
20 quarters of the way down and then the brakes would 20 BY MS. HANNA:
21 grab? 21 Q. What monetary damages have you suffered as
22 A. Correct. 22 a result of the accident, if any? Actually, let me
23 Q. Okay. So kind of you were able to give 23 rephrase it.
24 that estimate. Is there -- so kind of knowing that 24 Have you suffered any monetary damages?
25 -- and if you can't, that's fine. But using that 25 A. Can't work.
Page 229 Page 231
1 Q. Categorically? 1 A. Yes. Now? Yes.
2 A. Can't work. 2 Q. Who?
3 Q. Can't work. Anything else? 3 A. My nephrologist.
4 MR. MORETON: Calls for opinion, legal 4 Q. And what's your nephrologist's name?
5 opinion, as to what monetary damages to which he may 5 A. Dr. Afsari.
6 be entitled as a result of the accident. 6 Q. Anyone else?
7 BY MS. HANNA: 7 A. Dr. Karapetyan.
8 Q. Okay. Anything else? 8 Q. And what work have they said you cannot
9 A. I can't think of any. 9 do?
10 Q. Have you lost any property as a result of 10 A. Any physical work.
11 the accident? 11 Q. Okay. Can you do any other types of work?
12 A. No. Property as in? 12 A. Limited to five pounds for lifting. And
13 Q. Physical property? 13 I'm prone to, if I fall down again, I may puncture a
14 A. I had to give up my truck. 14 lung is what I've been told.
15 Q. How was that -- how is that related to the 15 Q. Have you fallen?
16 accident? 16 A. Many times after the accident.
17 A. How it is, I can't work, can't pay for 17 Q. What causes your -- why do you fall?
18 anything. 18 A. Strokes.
19 Q. I'm sorry? 19 Q. What causes the strokes?
20 A. Can't work, can't pay for anything. 20 MR. MORETON: Objection. Calls for a
21 Q. Did you have a loan on the truck? 21 medical opinion, expert opinion.
22 A. Did I have a loan on the truck? 22 BY MS. HANNA:
23 Q. Yes. 23 Q. Has any doctor told you the cause of the
24 A. Yeah, I owed money on the truck. 24 strokes?
25 Q. How much did you owe? 25 A. Could have been the accident.
Page 230 Page 232
1 A. $17,000. 1 Q. Well, could have been doesn't sound
2 Q. Who did you owe it to? 2 definite. So have they told you the accident caused
3 A. A friend. 3 your stroke and, if so, who?
4 Q. What did you do with the truck? 4 A. I don't recall.
5 A. Sold it. 5 Q. Okay. Have they told you what is the
6 Q. For how much? 6 cause of the stroke? Has anyone told you what
7 A. $9,000. 7 caused the strokes?
8 Q. Do you still owe any money to your friend? 8 A. High blood pressure.
9 A. Yes. 9 Q. What representations did Toyota -- did
10 Q. How much? 10 Toyota make any representations to you about the
11 A. I don't know. I've got to check. 11 Prius?
12 Q. And did you already give me your friend's 12 MR. MORETON: Objection. It's vague and
13 name who sold you the truck? 13 ambiguous. Counsel, when you talk about
14 A. Sold me the truck, Ash. 14 representations, I mean, any time you turn on the
15 Q. And he's the one you owe money to? 15 television, there's representations. So are you
16 A. No. 16 talking about general advertising or are you talking
17 Q. Oh, who do you owe money to? 17 about a Toyota representative walking up and --
18 A. I owe money to Sarkis. 18 MS. HANNA: Both.
19 Q. Can you just explain to me how you owe 19 MR. MORETON: -- trying to sell him
20 money to -- how did he get control of the truck? 20 something?
21 A. He loaned me the money. 21 BY MS. HANNA:
22 Q. To buy the truck? 22 Q. Both. Any of that.
23 A. Correct. 23 A. Negative.
24 Q. Has any doctor told you that you can't 24 Q. How did you pay for the rental that day?
25 work? 25 A. Card.
Page 233 Page 235
1 Q. Credit card? 1 BY MS. HANNA:
2 A. Yes. 2 Q. Do you know if your complaint's a verified
3 Q. Was your -- how much were you willing to 3 pleading?
4 spend to rent the car that day? 4 MR. MORETON: Well, Counsel, I suspect he
5 A. I don't remember. 5 doesn't know what a verified pleading is, nor should
6 Q. Did the price affect your decision of what 6 he. It calls for a legal opinion.
7 car to rent that day? 7 BY MS. HANNA:
8 A. Negative. 8 Q. Do you know?
9 Q. Just the category? Compact? 9 A. I don't know.
10 A. Economic car. 10 Q. Okay.
11 Q. Economic car. And by economic car, do you 11 You can make your objection. I don't have
12 mean fuel economy? 12 a problem with that.
13 A. Yes. 13 So if I have something that says you read
14 Q. What are the alleged deceptive acts or 14 and verified it, is that true?
15 practices that you claim Toyota affected toward you? 15 A. I'm still not following. I'm at a
16 A. Okay. You're going to have to repeat the 16 complete loss here.
17 question. 17 Q. Okay. That's fine.
18 Q. Sure. What deceptive -- what unfair acts 18 MR. HOMAMPOUR: Can I ask you a question?
19 or practices were made by Toyota toward you? 19 You make -- do you have something that he verified
20 MR. MORETON: Objection. Calls for a 20 it? I mean, is this something -- is this a verified
21 legal opinion. 21 pleading?
22 THE WITNESS: You're going to have to 22 MS. HANNA: Why do you ask?
23 break it down for me a bit more. 23 MR. HOMAMPOUR: Is it verified?
24 BY MS. HANNA: 24 MS. HANNA: I don't know if I have it.
25 Q. Okay. Are you aware that you filed a 25 MR. HOMAMPOUR: It is verified?
Page 234 Page 236
1 lawsuit against Toyota? 1 MR. MORETON: No.
2 A. Yes. 2 MR. HERICH: It's not verified.
3 Q. Okay. And in there you claim that Toyota 3 MR. HOMAMPOUR: Maybe it is. I don't
4 committed unfair practices towards you. So I just 4 know.
5 wanted to know what those unfair practices are, if 5 MR. MORETON: Well, under the UCL file.
6 you know. 6 MS. HANNA: I'd like to mark as Exhibit
7 MR. HERICH: Objection. Improperly seeks 7 11 --
8 contentions, legal contentions. 8 MR. MORETON: And CLRA.
9 MR. HOMAMPOUR: Right. Rifkind case, 9 MS. HANNA: I'd like to mark Exhibit 11.
10 R-i-f-k-i-n-d, prohibits -- would allow him to not 10 (The document referred to was
11 answer questions that are posed to an attorney for 11 subsequently marked by the Court
12 legal contentions raised by -- 12 Reporter as Plaintiff's Exhibit
13 MR. MORETON: These are interrogatory 13 11 for identification and is
14 questions. 14 attached hereto.)
15 MR. HOMAMPOUR: Yeah, they're -- you're 15 MR. MORETON: We have to sign a
16 supposed to put them in an interrogatory. Asking a 16 declaration. That's what she's talking about. A
17 layperson to articulate why his lawyer asserted 17 complaint is not verified.
18 legal claims is improper in a deposition. 18 BY MS. HANNA:
19 BY MS. HANNA: 19 Q. Did you -- is that your signature? Can
20 Q. Did you read and verify that complaint 20 you take a moment to review Exhibit 11 and let me
21 with those allegations? 21 know if that's your signature?
22 MR. HOMAMPOUR: Well, that's 22 MR. MORETON: Is that your signature? Do
23 attorney-client privilege. Come on. It's not a 23 you remember reading this?
24 verified pleading. 24 THE WITNESS: No.
25 /// 25 MR. MORETON: That's your signature?
Page 237 Page 239
1 THE WITNESS: Looks like my signature. 1 Q. Thank you. Do you suffer any convulsive
2 MR. MORETON: Yeah. So let's read into 2 or epileptic or seizure events?
3 the record what this says. 3 A. Negative.
4 MS. HANNA: Can I -- wait. Can you do it 4 Q. Do you know why you are prescribed
5 at your time? I want to actually read it because I 5 Gabapentin?
6 handed it over because I read it recently. 6 A. I don't take Gabapentin.
7 MR. MORETON: Because there's been 7 Q. Have you ever?
8 allegations that the complaint was verified, which 8 A. One time. I believe so.
9 you know what this document says if you verified it. 9 Q. Why?
10 MS. HANNA: I've got to go through it and 10 A. They were given for some reason and I took
11 I'd like to do it. 11 it.
12 MR. MORETON: And it says, "The incident 12 Q. Okay. Do you have pancreatitis?
13 which is the subject of this first amended complaint 13 A. I don't think so.
14 occurred" -- "occurred in Los Angeles County," 14 Q. Have you ever been told you have?
15 Toyota was the vehicle, "I was operating at the time 15 A. I don't think so.
16 of the incident was rented to me by Hertz in the 16 MS. HANNA: Okay. I'm going to pass
17 County of Los Angeles. I submit this declaration 17 because I think I'm done on the bulk of everything.
18 pursuant to Section 1780(d) of the California" -- 18 So I just want to go through my notes, but I know
19 commercial. I'm sorry. California commercial -- 19 we're getting late. So I want to pass it. The one
20 "Consumers Legal Remedies Act," "and declare the 20 thing, though, I would reserve is we have been
21 following: That I am informed and believe that 21 requesting for quite a while various medical
22 defendants, including the Toyota defendants and 22 records, both pre-incident and concerning
23 Hertz do business in Los Angeles County, California, 23 Mr. Vartanian's mental condition and, you know,
24 the location of my rental transaction with Hertz and 24 nervous system type issues.
25 the location of the incident." 25 So those have been denied to us. So I
Page 238 Page 240
1 For the record, I'll say that that's a 1 don't have them. And I want to review them and
2 required declaration to file a CLRA action. And 2 obviously ask you questions about them if there are
3 that's what it says. 3 any other questions I need to ask. So I would
4 MR. HOMAMPOUR: Right. So just, you 4 reserve and keep open this deposition and reserve my
5 know -- 5 right to ask questions about those documents for
6 MR. MORETON: We're just wasting time. 6 which you have -- Counsel has moved to quash.
7 MS. HANNA: Counsel, let me just ask one 7 MS. CARROLL: I also join in this request
8 more question. 8 since I've been pending motions to quash. We
9 MR. HOMAMPOUR: Hold on. I'm not going to 9 haven't issued subpoenas for the same records. So
10 accuse you of this directly, but there are defense 10 we're waiting for the outcome on that and I know
11 attorneys that ask questions in the way that make it 11 that we both have questions about those records to
12 sound like what they're asking is the truth rather 12 ask you and so I also reserve the right for a second
13 than asking a question to find out what the answer 13 deposition just on that issue of the medical
14 is. And the way you did your -- with -- you were 14 injuries.
15 aware it was a verified pleading. I couldn't tell 15 MR. HOMAMPOUR: You don't have any
16 if you were asking or you were representing. And so 16 questions?
17 just don't do that. It's misconduct. You cannot 17 MS. CARROLL: I do have questions. I'm
18 suggest something false to the witness or something 18 just joining -- I'm just waiting for a response, if
19 you don't have a reasonable belief to be true. It's 19 there is one.
20 improper. 20 MR. MORETON: Let me talk to you for a
21 MS. HANNA: I take great offense at the 21 minute before we start.
22 words you just used. 22 MR. HOMAMPOUR: Do you want to take a
23 Q. Mr. Vartanian, have you seen this document 23 break?
24 before today? 24 MR. MORETON: Let's do a five-minute
25 A. I don't recall. 25 break.
Page 241 Page 243
1 MS. CARROLL: Is it time for a break? 1 car and then we get the rental.
2 THE VIDEOGRAPHER: Off the record. 4:53. 2 Q. And do you remember what kind of car it
3 (Break taken.) 3 was that Musho picked you up in from your house that
4 THE VIDEOGRAPHER: This is the start of 4 morning?
5 DVD No. 4. We are back on the record. The time is 5 A. I don't recall.
6 5:04. 6 Q. What time did Musho pick you up?
7 7 A. I don't recall.
8 EXAMINATION 8 Q. Was anyone in the car with Musho when he
9 BY MS. CARROLL: 9 came to get you?
10 Q. Good afternoon. My name is Nicole Carroll. 10 A. Just himself.
11 I represent Hertz in this case. Are you still 11 Q. Were you outside waiting for him?
12 feeling okay to continue with your deposition? 12 A. I don't recall.
13 A. Yes. 13 Q. How did it typically work on the prior
14 Q. And you're still under oath. 14 occasions that you rented vehicles from Hertz and
15 A. Yes. 15 they were coming to pick you up? Did they call you
16 Q. I want to go back to talking about the 16 when they're outside or did you wait outside?
17 rental of the vehicle. I know you told us earlier, 17 A. They call me and tell me they'd be there
18 but can you tell us the name of the Hertz employee 18 at a specific time. And that was kind of it.
19 who you dealt with on the day of the incident? 19 Q. What does Musho look like?
20 A. M-u-s-h-o. 20 A. Five nine probably. Five eight. Clean
21 Q. Musho? 21 cut. Stocky.
22 A. Musho. 22 Q. What race is he or ethnicity?
23 Q. And you dealt with Musho in other 23 A. Armenian.
24 occasions in the past? 24 Q. When you deal with Musho, do you speak in
25 A. Correct. 25 English?
Page 242 Page 244
1 Q. When was the first time that you met 1 A. English.
2 Musho? 2 Q. Have you ever seen Musho outside of Hertz?
3 A. Probably ten years ago. 3 A. Yes.
4 Q. And do you know Musho just from working -- 4 Q. Where have you seen Musho outside of
5 that he works at Hertz or do you know him from 5 Hertz?
6 somewhere else? 6 A. At a friend's body shop.
7 A. I've known him that he works at Hertz. 7 Q. What friend was that?
8 Q. On the prior occasions that you've rented 8 A. Jack.
9 from Musho, have you ever had any other complaints 9 Q. What's Jack's last name?
10 about any vehicles that you rented from Hertz? 10 A. M-k-h-s-y-a-n.
11 A. No. 11 Q. Do you know the name of Jack's body shop?
12 Q. Just this one? 12 A. Boost Auto Body.
13 A. Just this one. 13 Q. Where is it located?
14 Q. What time did you arrive at Hertz that 14 A. On Oxnard.
15 day? 15 Q. In what city?
16 A. I don't recall. 16 A. Van Nuys.
17 Q. Did Musho typically pick you up from your 17 Q. When was this occasion that you saw Musho
18 house and take you to the location when you rented 18 at Jack's shop?
19 vehicles from him? 19 MR. MORETON: Objection. It
20 A. Not him, per se, but they have. Hertz 20 mischaracterizes his testimony. I'm not sure he
21 would come. 21 said it was one occasion.
22 Q. And do they pick you up in a different car 22 BY MS. CARROLL:
23 from the one that you sent or do they have a 23 Q. Have you met Musho on separate -- sorry.
24 separate car? 24 Strike that.
25 A. They usually pick me up with a different 25 Have you met Musho on any other time other
Page 245 Page 247
1 than that time when you saw him at Jack's body shop 1 facility, what happened first?
2 outside of Hertz? 2 A. The car was not there. So I was asked to
3 A. No. 3 wait.
4 Q. So this was the only time? 4 Q. How long did you have to wait?
5 A. Yes. 5 A. I would have to speculate. I don't know
6 Q. When was this occasion? 6 the time.
7 A. It was at my brother-in-law's body shop. 7 Q. I don't want you to guess or speculate,
8 Q. Jack's your brother-in-law? 8 but if you have some basis, if it was ten minutes,
9 A. Correct. 9 half an hour?
10 Q. What was Musho doing there, if you know? 10 A. I don't know.
11 A. He was renting a car at the body shop. 11 Q. Did they have any cars available at the
12 Q. Do you know if there's any affiliation 12 Hertz facility or was it just that they didn't have
13 between Boost Auto Body and Hertz? 13 cars at the economic fuel that you wanted?
14 A. No. 14 A. No.
15 Q. When you saw Musho outside of Hertz at the 15 MR. MORETON: Objection. Calls for
16 body shop, was that before the incident or after? 16 speculation. No foundation.
17 A. That was before. 17 BY MS. CARROLL:
18 Q. Do you have any estimate as to how many 18 Q. Did Hertz offer you any other car other
19 years it was before, or months or days? 19 than the Prius?
20 A. No. 20 A. Negative.
21 Q. Did you talk to Musho when you saw him at 21 Q. So the Prius arrived and how did you learn
22 the body shop? 22 that the Prius had arrived at the Hertz facility?
23 A. Yes. 23 A. They just drove up and said there's your
24 Q. Do you recall what you talked about? 24 car.
25 A. Hello, how are you. 25 Q. You went outside and --
Page 246 Page 248
1 Q. And you recognized him? 1 A. We were already outside.
2 A. Yes. 2 Q. You and Musho?
3 Q. And did he recognize you as well? 3 A. Musho and I, correct.
4 A. Yes. 4 Q. Was anyone else outside of the Hertz
5 Q. When you -- strike that. 5 facility when the Prius arrived?
6 When you arrived at the Hertz facility, 6 A. I don't recall.
7 was Musho the only employee there on the day of the 7 Q. Is the Hertz facility in a strip mall?
8 incident? 8 A. It's in a -- not a strip mall. It's sort
9 A. No. 9 of in between garages and yadda, yadda.
10 MR. MORETON: Objection. Calls for 10 Q. But does it have its own dedicated parking
11 speculation. 11 lot that you've seen?
12 BY MS. CARROLL: 12 A. Yes, it is.
13 Q. Did you see any other employees when you 13 Q. When the Prius arrived, did someone hand
14 walked in? 14 you the keys?
15 A. Yes. 15 A. No.
16 Q. About how many? 16 Q. What happened after the Prius arrived?
17 A. I believe there was two. 17 A. The Prius arrived. We went up to the car
18 Q. And how was it that you came -- 18 and said this is the vehicle. Then we were doing
19 MR. MORETON: Keep your voice up. 19 the paperwork and I wasn't happy the way it looked.
20 THE WITNESS: I believe there was two. 20 Dirty inside, outside.
21 BY MS. CARROLL: 21 Q. And did you express to Musho that you
22 Q. Did you have any encounters with the other 22 weren't happy with how the vehicle looked?
23 two employees? 23 A. Yes.
24 A. No, I did not. 24 Q. And that's when he gave you the voucher
25 Q. When Musho brought you back into the Hertz 25 for the car wash?
Page 249 Page 251
1 A. Voucher for the car wash next door. 1 said something about the brakes?
2 Q. And when you say you were filling out 2 A. Yes. Yes, he answered me.
3 paperwork, did they give it to you on a tablet or an 3 Q. What did he tell you when you said
4 iPad? 4 something about the brakes?
5 A. No. I mean, he was doing something. I 5 A. He said that the vehicle had just been
6 don't know what he was doing. 6 serviced, it's fine.
7 Q. Did you notice that he had some kind of 7 Q. So earlier you mentioned that someone had
8 electronic device? 8 told you that the brakes were just changed and you
9 A. I don't know. 9 corrected it. So that wasn't true that someone told
10 MR. MORETON: Keep your voice up. 10 you the brakes were just changed?
11 THE WITNESS: I don't know. 11 A. Yes, I corrected myself. I said the car
12 BY MS. CARROLL: 12 was serviced.
13 Q. Do you recall what kind of paperwork that 13 Q. And after Musho told you the car was just
14 you did when the Prius arrived at the Hertz 14 serviced, did you drive off in the vehicle?
15 facility? 15 A. Yes.
16 A. Long papers, made me sign, take, you know, 16 Q. And did you press the brakes again when
17 the -- sign off on the waivers, you know, like the 17 you left the Hertz facility before you got to the
18 insurance and all that. And that was it. 18 car wash?
19 Q. And after you got keys and you complained 19 A. Yes.
20 about the car and got the car wash voucher, what did 20 Q. And did you experience any problems with
21 you do next? 21 the brakes at that time?
22 A. I drove southbound on Sepulveda, made a 22 A. Other than it being jerky, no.
23 left on Sherman Way. 23 Q. You believe that the vehicle was jerky?
24 Q. After you got into the car, did you notice 24 A. Not jerky. I mean, I don't know how to
25 that the car was on or off when you first got in? 25 explain it. But when you press on the brakes on a
Page 250 Page 252
1 A. At the dealership -- at the Hertz? 1 usual car, you start depressing and you get a --
2 Q. Correct. 2 feel the resistance slowly building up as you're
3 A. The car was already running. 3 going further down. This Prius particularly had no
4 Q. Was the window down as you left the 4 resistance and all of a sudden there was resistance
5 facility? 5 and the car would stop.
6 MR. MORETON: Which window? 6 Q. When you pressed the brakes in this Prius,
7 BY MS. CARROLL: 7 did you hear that the engine would sort of turn off
8 Q. When you left the Hertz facility, was any 8 or get lower?
9 window in the Prius down? 9 A. No. Engine was always running.
10 A. I don't think so. 10 Q. Okay. And when you --
11 Q. When did you tell Musho that you felt a 11 MS. HANNA: I'm sorry. I didn't hear.
12 problem with the brakes? 12 THE WITNESS: Engine was always running.
13 A. When I backed up to exit the premises. 13 MS. HANNA: Thank you.
14 Q. Did you roll down the window? 14 BY MS. CARROLL:
15 A. I rolled down the passenger side front 15 Q. And when you let go of the brake before
16 window. 16 you got onto the freeway, did you feel any jerking
17 Q. And where was Musho at that time that you 17 in the vehicle?
18 rolled down the passenger window to tell him about 18 A. No.
19 the brakes? 19 Q. Can you describe, again, the problem with
20 A. Close to the front entrance. 20 the brakes that you experienced while you were on
21 Q. How far away was he from you at that time? 21 the Hertz lot?
22 A. Again, I would have to speculate. 22 MR. MORETON: It's been asked and
23 Q. So you don't know? 23 answered.
24 A. I don't know. 24 MS. CARROLL: Not by me.
25 Q. Do you know if Musho heard you when you 25 MR. MORETON: First by Ms. Hanna and now
Page 253 Page 255
1 by you. 1 BY MS. CARROLL:
2 MR. HOMAMPOUR: But "not by me" is not an 2 Q. Did you ever see any of the kids in the
3 appropriate response. 3 crosswalk before you struck them? The kids that you
4 MR. MORETON: Yeah. So now it's been 4 struck.
5 asked and answered twice. 5 MR. MORETON: I'm sorry. Objection. It
6 MR. HOMAMPOUR: Where did you learn that 6 mischaracterizes the witness's testimony and the
7 one? I'm sorry. That's not appropriate. 7 facts of the case. And Mr. Vartanian didn't strike
8 MS. CARROLL: It's just -- 8 anybody. The vehicle he was operating struck one or
9 MR. HOMAMPOUR: You don't get to ask 9 more. And his testimony was already that he only
10 questions multiple times. 10 knows that he struck one. He doesn't know about the
11 MS. CARROLL: Are you instructing him not 11 others.
12 to answer? I've never asked this question on behalf 12 BY MS. CARROLL:
13 of my client. That is how it works. 13 Q. Okay. I'll rephrase. Did you ever see
14 MR. MORETON: Yeah, but somebody else 14 any of the children that may have come into contact
15 asked the question and it was answered. So we can't 15 with your vehicle that you were driving on the day
16 have the whole deposition over again. 16 of the incident before there was contact?
17 MS. CARROLL: I'm not trying to do that. 17 A. Have I ever seen them before?
18 I just want an answer to this one simple question 18 Q. Correct. Did you see them before the
19 and that's it. If you're going to instruct him not 19 impact between the vehicle and the child's body?
20 to answer, that's fine. 20 A. The ones on the right side, yes. The ones
21 MR. MORETON: What's the question? 21 that jumped in front of the car, no.
22 MS. CARROLL: I just wanted to know if he 22 Q. You believe that children jumped in front
23 can describe the exact issue that he experienced 23 of the car?
24 with the brakes while he was at the Hertz facility 24 A. Yes.
25 that he's describing to me that he told Musho about. 25 Q. Describe what you mean by children jumping
Page 254 Page 256
1 That's all I want to know and then I'm going to move 1 in front of your car.
2 on. It's very -- 2 A. Running across to get to the other side of
3 MR. MORETON: Is that what you just 3 the crosswalk.
4 testified to? 4 Q. Do you believe that -- strike that.
5 THE WITNESS: Yes. 5 Is it your understanding that one of the
6 MR. MORETON: I think he answered the 6 -- one or more of the children who jumped in front
7 question. 7 of your car was one that got struck?
8 MS. CARROLL: I don't think he has. But 8 MR. HOMAMPOUR: Objection. Calls for
9 are you instructing him not to answer my question? 9 speculation. Lacks foundation. It's vague and
10 MR. MORETON: No. I'm just praying that 10 ambiguous.
11 we move on to anyone. 11 MR. MORETON: Join.
12 MS. CARROLL: I want to move on just as 12 THE WITNESS: I don't know.
13 much as you. 13 BY MS. CARROLL:
14 Q. So if you can just describe to me, 14 Q. How far away were you from the kids before
15 Mr. Vartanian, what happened exactly with the brakes 15 you struck one, the first one?
16 at the Hertz facility. You can be as brief as you 16 MR. RAND: Objection. Vague and ambiguous
17 want. That's all I want to know. 17 as to time.
18 A. Stepped on the brakes. They went partway. 18 MR. HOMAMPOUR: Wait, wait, wait. It's
19 Nothing. Then and all of a sudden it stopped. 19 vague and ambiguous. It's unintelligible.
20 Q. Thank you. Did you ever see the kids in 20 MS. CARROLL: Okay.
21 the crosswalk before you struck them? 21 MR. MORETON: Please restate it.
22 MR. MORETON: Objection. Vague and 22 MS. CARROLL: That's fair. I'm sorry.
23 ambiguous. 23 I'm tired. I'm not trying to ask you poor questions
24 THE WITNESS: Run that by me again. 24 or trick you in any way. I may just be tired from
25 /// 25 the long day and questions from other attorneys.
Page 257 Page 259
1 MR. MORETON: We're all tired. 1 A. Yes.
2 BY MS. CARROLL: 2 Q. As a job, when was the last time that you
3 Q. So if I say a bad question like that, feel 3 worked for an auto repair facility?
4 free to tell me. 4 A. Probably 20 years ago.
5 So how far away were you from the children 5 Q. And when was the last time that you
6 when you first saw them? And I'm talking about the 6 repaired a car for fun or as a hobby?
7 children that came into contact with your vehicle. 7 A. Four years ago.
8 And if there's a particular one that you can recall, 8 Q. Throughout your life has any of the auto
9 you can let me know which one. 9 repair work that you've done involved brakes?
10 MR. MORETON: I'm sorry. Objection. 10 A. Yes.
11 Assumes facts not in evidence that he saw the child 11 Q. Can you give me a percentage of auto
12 or children that were struck by his car before. He 12 repair work that you've done that involves brakes?
13 said he didn't see specifically. He said he saw 13 A. How many have I done?
14 kids. 14 Q. Correct. So there's a percentage for oil
15 BY MS. CARROLL: 15 changes or whatever kind of work you've done. Tire
16 Q. Do you know whether or not the kids that 16 repair, tire changing. What type of percentage are
17 you saw before the accident were the ones that were 17 we talking about concerning repairs of brakes?
18 involved in the accident with you? 18 A. I worked in a facility that did oil
19 A. No. 19 changes and brakes.
20 Q. Do you have any training in auto repair? 20 Q. When was that?
21 A. I do, yes. 21 A. It was when I was younger.
22 Q. What kind of training do you have in auto 22 Q. For how long did you work at a facility
23 repair? 23 that did oil changes and brakes?
24 A. Starting from my high school. 24 A. Two or three years.
25 Q. Describe all the training that you've had 25 Q. Do you have any estimate as to how many
Page 258 Page 260
1 in auto repair. 1 vehicles you had worked on?
2 A. I took high school shop. I'm trying to 2 A. No.
3 best word it so it doesn't come out wrong. 3 Q. Of their brakes?
4 Apprentice. Apprenticeship. There you go. 4 A. Negative.
5 Q. When did you have an apprenticeship in 5 Q. Are you familiar with the address of 914
6 auto repair? 6 Westwood Boulevard in Westwood?
7 A. Starting seven years old. 7 A. Yes.
8 Q. Where was your apprenticeship? In 8 Q. What address is that?
9 Armenia? 9 A. That's my P.O. box.
10 A. In Armenia and USA. 10 Q. And it's my understanding that you tried
11 Q. Where did you have an apprenticeship in 11 to honk the horn before the accident happened, but
12 auto repair in the U.S.? 12 you weren't sure if the horn actually sounded?
13 A. Many shops. 13 A. Yes.
14 Q. Okay. List for me all the shops that 14 Q. Why was it -- or how did you come to the
15 you've had apprenticeships with in auto repair. 15 determination that you should try to proceed through
16 A. We're talking 40 years ago and I don't 16 the street as opposed to going into the bushes and
17 recall. 17 trees as you described?
18 Q. Are there any shops that you can recall? 18 MR. MORETON: Objection. Asked and
19 I know you might not be able to recall all of them. 19 answered.
20 A. I don't recall. 20 THE WITNESS: I'm not following.
21 Q. When was the last time that you worked in 21 BY MS. CARROLL:
22 an auto shop doing auto repair? 22 Q. Sure. Earlier you testified that on the
23 A. As a job? 23 off-ramp of Magnolia going south on the 170, there
24 Q. Do you also do it as a hobby to repair 24 were bushes and trees along the off-ramp.
25 cars? 25 A. Yes.
Page 261 Page 263
1 Q. Why was it that, once you realized that 1 reason to dispute that you rented the vehicle at
2 the brakes were not working, that you didn't go into 2 12:48 P.M. on the day of the incident?
3 the trees or bushes and you decided to go through 3 A. I don't think so, no.
4 the intersection between the cars? 4 Q. Does Exhibit 12, the rental agreement,
5 A. My thinking was that I didn't know what 5 accurately depict what you were given at the Hertz
6 was behind the bushes. 6 facility on the day of the incident by the Hertz
7 Q. And you don't know whether you activated 7 employee?
8 cruise control within the few minutes before the 8 A. Couldn't tell.
9 accident? 9 MS. LIGHTFOOT: I'm sorry. Did you say
10 A. I don't. 10 12:48 or 12:47?
11 Q. Why were you changing the modes in the 11 MS. CARROLL: Oh, I think I did say 12:48.
12 Prius when you were on the freeway? 12 I'll correct that. It was 12:47.
13 A. Because I wanted the best optimum gas. 13 Q. You don't have a reason to dispute that
14 Q. Did you plan to take any trips in the 14 the rental was actually at 12:47 P.M.?
15 Prius after you rented it? 15 A. No, I don't think so.
16 A. No. 16 Q. Thank you. Did you ask any of the Hertz
17 Q. And earlier we talked about Hertz giving 17 employees any questions on the day of the incident
18 you a receipt or an agreement when you were at the 18 that they did not answer for you?
19 Hertz lot; correct? 19 A. I don't recall.
20 A. Correct. 20 Q. Did you ever see any police officer at the
21 Q. And do you recall what time they gave you 21 scene go over into the Prius?
22 that agreement? 22 A. No, I don't recall.
23 A. I do not. 23 Q. Was any criminal action instituted against
24 Q. I'm going to attach the agreement that 24 you as a result of this accident?
25 counsel for T.S. graciously provided to us as 25 A. Negative.
Page 262 Page 264
1 Exhibit 12. 1 Q. Were you ever cited in any way as a result
2 (The document referred to was 2 of this accident?
3 subsequently marked by the Court 3 A. Negative.
4 Reporter as Plaintiff's Exhibit 4 Q. Had you ever seen a cardiologist before
5 12 for identification and is 5 the accident?
6 attached hereto.) 6 A. Yes.
7 BY MS. CARROLL: 7 Q. Who was that?
8 Q. And I'll represent to you, and I'll show 8 A. I don't remember. I don't recall his
9 it to you in a second, that the vehicle says it was 9 name.
10 rented at 12:47 P.M. You could take a look at that. 10 Q. Do you recall where his office was
11 Do you have any reason to disagree that the time you 11 located?
12 rented the vehicle was actually at 12:47, 12 A. Glendale Memorial.
13 approximately, P.M. on the day of the incident? 13 Q. When did you see the cardiologist at
14 A. I don't see a date or a time here. 14 Glendale Memorial?
15 MR. MORETON: I'm sorry, Counsel. What 15 A. Actually, my mistake. St. Vincent's, not
16 was the question you wanted him to answer? 16 Glendale Memorial. It was St. Vincent Hospital.
17 MS. CARROLL: If he has a reason to 17 Q. And when you talk about St. Vincent,
18 disagree with the time that it indicates that he 18 you're talking about the one in the valley and not
19 actually rented the vehicle on the top left there. 19 the one in L.A.; is that correct?
20 MR. MORETON: Do you have any reason to 20 A. That's the one on Buena Vista and the 134
21 dispute the time? 21 freeway.
22 THE WITNESS: Time. Top left. I'm still 22 Q. Have you ever been to the St. Vincent
23 having a hard time finding it. 23 that's in L.A. or downtown L.A.?
24 BY MS. CARROLL: 24 A. I don't think so.
25 Q. That's okay. Here. Do you have any 25 Q. When was the first time that you saw any
Page 265 Page 267
1 doctor after the accident that you relate to this 1 A. I had a stomach issue. And when I was in
2 accident? 2 the hospital, they check everything. They do EKG,
3 A. Probably three weeks or a month or two 3 they do this, they do that.
4 after the accident. 4 Q. When were you in the hospital that you had
5 Q. And who was the first doctor that you saw? 5 the stomach issue?
6 A. The psychiatrist. 6 A. I can't recall the exact date.
7 Q. And was that at the facility that you 7 Q. Earlier did you say that you went to
8 testified about earlier that your friend recommended 8 professional driving school or did you just mean the
9 to you as a free clinic? 9 normal driving school to get a class C driver's
10 A. No. 10 license?
11 Q. Okay. What facility was this that you 11 A. I went to -- I mean, I went to -- for the
12 went to first after the accident? 12 class B I went to a school.
13 A. Dr. Ross. It's at -- I don't recall the 13 Q. Where did you go to school to get your
14 name. 14 class B license?
15 Q. Do you know where their office was 15 A. In Monrovia off of Myrtle. I don't
16 located? 16 remember the name.
17 A. Pasadena. 17 Q. When did you go to school for driving to
18 Q. Why was it that you decided to seek out a 18 get your class B license?
19 psychiatrist about a month or three weeks after the 19 A. I don't recall the time.
20 accident? 20 Q. Do you have any estimate?
21 A. Because I was curled up in a ball in bed. 21 A. Not really.
22 Q. All the time? 22 Q. And I noticed earlier you were wearing
23 A. All the time. 23 glasses. Do you wear glasses normally?
24 Q. And that wasn't because of a physical 24 A. Just for reading.
25 injury, it was because of how you felt mentally? 25 Q. Okay. Have you ever worn any glasses or
Page 266 Page 268
1 A. Mentally. 1 corrective lenses to see far away?
2 Q. Can you describe how you felt mentally 2 A. No.
3 about three weeks or a month after the accident 3 Q. Who prescribed your reading glasses?
4 that led you to see a psychiatrist? 4 A. They're store bought.
5 A. Horrible. Couldn't sleep. Couldn't eat. 5 Q. Have you ever seen an optometrist in the
6 I had news trucks parked all over the front. 6 last five years?
7 Everybody knocking on the door. 7 A. Yes.
8 Q. Did you ever give any interviews to any of 8 Q. Where do you go to see an optometrist?
9 the news? 9 A. I see two doctors. I see Dr. Bhatti and
10 A. Negative. 10 Dr. Hamparian.
11 Q. For how long were news trucks parked 11 Q. I'm going to need you to spell those if
12 outside of your house? 12 you can. You're much better at spelling than me.
13 A. I don't know. 13 A. Spell it?
14 Q. Would you say it was a lot? 14 MR. MORETON: Why don't you just do the
15 A. Initially for the first couple of weeks, 15 best you can.
16 yes. And then after that I don't know. I didn't 16 THE WITNESS: Okay. Dr. Hamparian.
17 check. 17 H-a-m-p-a-r-i-a-n. First name, Mireille. She's my
18 Q. And you never had any strokes before the 18 glaucoma specialist. And then Dr. Rizwan Bhatti.
19 accident? 19 B-h-a-t-t-i.
20 A. Never. 20 BY MS. CARROLL:
21 Q. Did you ever have any problems with your 21 Q. And is Dr. Bhatti just a regular
22 heart before the accident? 22 optometrist?
23 A. Never. 23 A. He does laser surgery. He does
24 Q. Why did you see a cardiologist before the 24 corrective, you know.
25 accident? 25 Q. Have you had laser surgery on your eyes?
Page 269 Page 271
1 A. On my left eye. 1 Q. Did you ever see any crossing guards
2 Q. When did you have laser surgery on the 2 before the incident?
3 left eye? 3 A. Negative.
4 A. After the incident. 4 Q. Do you have any estimate as to how long
5 Q. When after the incident? 5 after the accident that you first started seeing
6 A. I don't know. A year. 6 crossing guards at this intersection or freeway
7 Q. Did Dr. Bhatti tell you that the surgery 7 off-ramp?
8 that you had, what it was caused by, why you needed 8 A. I was told two weeks later.
9 it? 9 Q. Were you told that by anyone other than
10 A. No. 10 your attorneys? I don't want to know what they told
11 Q. Are you making the claim that the surgery 11 you.
12 you had on your left eye after the accident is 12 A. Not attorneys. By friends.
13 related to the accident? 13 Q. Which friends told you that they added
14 MR. MORETON: Objection. That's to be 14 crossing guards two weeks after the accident?
15 determined. It'll be a medical opinion. 15 A. Sarko was one of them. Sarkis.
16 BY MS. CARROLL: 16 Q. And why was it that you called Sarkis in
17 Q. Did Dr. Bhatti explain to you at any point 17 particular at the scene of the accident?
18 in time what condition you had? 18 A. Because he's one of my best friends.
19 A. No. 19 Q. And how long have you known him?
20 Q. What kind of surgery did you have on your 20 A. Years.
21 left eye after the accident? 21 Q. What does he do for work?
22 A. I had a glaucoma implant put in. 22 A. He used to have a stereo shop and now he's
23 Q. Have you been diagnosed with glaucoma? 23 in car sales.
24 A. After the incident, yes. 24 Q. Have you ever been in business with
25 Q. Who diagnosed you with glaucoma? 25 Sarkis?
Page 270 Page 272
1 A. Mireille Hamparian. 1 A. No.
2 Q. For how long have you had glaucoma, to 2 Q. Is there anything that you can recall
3 your knowledge? 3 about what Mushu or Musho told you at the Hertz
4 A. I don't know. 4 facility on the day of the incident that you haven't
5 Q. Had you ever been diagnosed with glaucoma 5 already told us about?
6 before the accident? 6 A. I don't recall.
7 A. Negative. 7 Q. And is it correct that you don't know how
8 Q. And the issue that you testified to 8 far along in the off-ramp you were when you first
9 earlier where you can see through a little bit of 9 started to press the brakes on the day of the
10 spots in your left eye, is that, to your 10 incident?
11 understanding, caused by the glaucoma? 11 A. I would have to guesstimate.
12 A. I don't think so. 12 Q. Okay. I don't want you to guesstimate.
13 Q. Have you seen any other eye doctor of any 13 So you don't know?
14 kind within the last five or ten years? 14 A. I don't know.
15 A. Hamparian and Bhatti. 15 Q. I'll show you another Google Maps photo
16 Q. Earlier you talked about security guards 16 that I'll mark as Exhibit 13. I only have a few.
17 that were at the scene of the incident? 17 (The document referred to was
18 A. Okay. 18 subsequently marked by the Court
19 Q. Did you ever see any crossing guards near 19 Reporter as Plaintiff's Exhibit
20 the crosswalk on the off-ramp of Magnolia from the 20 13 for identification and is
21 southbound 170? 21 attached hereto.)
22 A. Not at that time. 22 BY MS. CARROLL:
23 Q. At any other time have you seen crossing 23 Q. Does this photograph fairly and accurately
24 guards in that area? 24 depict the off-ramp of the southbound 170 at
25 A. No. 25 Magnolia on the day of the incident?
Page 273 Page 275
1 A. I believe so. 1 of the accident have an ignition where you stick the
2 Q. So the condition of the bushes and the 2 keys inside or was it a button that you push to turn
3 trees depicted in Exhibit 13 is how it was on the 3 on the vehicle?
4 day of the incident that you recall? 4 A. Button to turn on the vehicle.
5 MR. HOMAMPOUR: Objection. Calls for 5 Q. Where were the keys of the Prius located
6 speculation. 6 at the time of the accident?
7 THE WITNESS: I can't recall. 7 A. I don't recall.
8 MS. LIGHTFOOT: And I'll just represent 8 Q. Did the Prius, at any time after you
9 for the record it looks like this picture was taken 9 started to try to press the brakes on the off-ramp,
10 one year later. Right? By some Internet -- 10 accelerate?
11 MR. HOMAMPOUR: Google. 11 A. After striking the Nissan, yes.
12 MS. LIGHTFOOT: -- Google person. 12 Q. Any time before striking the Nissan, did
13 MS. CARROLL: Well, he can either say 13 the Prius ever accelerate?
14 "yes" or "no." I'm not trying to trick anyone. 14 A. I don't think so.
15 Q. I just want to know if it accurately -- if 15 Q. Earlier you testified that there were
16 it's different, you can say that you don't know. 16 three vehicles located immediately before the
17 A. I can't recall. 17 crosswalk at the off-ramp; correct?
18 Q. Is there anything in particular that you 18 A. Correct.
19 can recall that looked different at the time of the 19 Q. And the middle vehicle, you thought it
20 accident as it does in this photograph, Exhibit 13? 20 might go straight or make a left turn; is that
21 A. Negative. 21 correct?
22 MR. HOMAMPOUR: Negative, you can't answer 22 A. Correct.
23 that, or negative, there's nothing different or -- 23 Q. Did that vehicle have any turn signal on
24 objection. 24 that you can recall?
25 THE WITNESS: Negative, I can't answer. I 25 A. I can't recall.
Page 274 Page 276
1 don't recall. 1 Q. Earlier you testified that you pressed the
2 BY MS. CARROLL: 2 power button on the Prius?
3 Q. And looking at this photograph, Exhibit 3 A. Yes.
4 13, does this in any way refresh your recollection 4 Q. Where was that power button located?
5 as to where you were on the off-ramp when you 5 A. It's -- I don't recall.
6 started to press the brakes of the Prius? 6 Q. Did you ever try to press the emergency
7 A. Judging from this photo, no. 7 brake?
8 Q. How long would you estimate that the 8 MR. HERICH: Asked and answered.
9 off-ramp is of Magnolia from the 170 southbound? 9 THE WITNESS: No.
10 A. I don't know. 10 MR. HERICH: Objection. Asked and
11 Q. And you took this exit for about four 11 answered.
12 years you said every day? 12 BY MS. CARROLL:
13 A. Correct. 13 Q. Did you ever try to put the vehicle in
14 Q. Do you have any estimate as to how long it 14 park before the accident?
15 took you to complete from when you started on the 15 MR. MORETON: Asked and answered.
16 off-ramp from when you got off of the freeway 16 BY MS. CARROLL:
17 towards where the crosswalk is where the incident 17 Q. I'm sorry. Did you say no?
18 occurred? 18 A. No.
19 MR. MORETON: Objection. Incomplete 19 Q. Can you in any way describe the power
20 hypothetical. 20 button that you pushed?
21 MR. RAND: That would call for 21 A. No.
22 speculation. It would vary every day. 22 Q. Do you recall if the button that you
23 THE WITNESS: I don't know. 23 pushed said PWR?
24 BY MS. CARROLL: 24 A. I can't recall.
25 Q. Did the Prius that you rented on the day 25 Q. Have you rented any vehicles from Hertz
Page 277 Page 279
1 since the accident? 1 Q. And was he also a car dealer or involved
2 A. Negative. 2 in the business of selling cars, to your knowledge,
3 Q. Have you rented any vehicles from any 3 at the time of this accident?
4 other rental car companies since the accident? 4 A. Yes.
5 A. Negative. 5 Q. Did Sarkis, at any point in time, tell you
6 Q. Earlier you testified that you were 6 what to say to the L.A.P.D. officer?
7 pressing the different modes of the vehicle to try 7 A. No.
8 to save gas; correct? 8 Q. How long was your phone call with Sarkis
9 A. Correct. 9 at the scene of the accident?
10 Q. Is there any reason why you were trying to 10 A. Less than a minute.
11 save gas even though you were only going a couple11 Q. Did you have auto insurance at the time of
12 miles? 12 the accident?
13 MR. MORETON: Objection. Lacks 13 A. Yes.
14 foundation. Misstates his testimony. 14 Q. And that was with Progressive?
15 MR. RAND: It's argumentative. 15 A. Correct.
16 BY MS. CARROLL: 16 Q. Did you have health insurance at the time
17 Q. You can answer. 17 of the accident?
18 A. I wanted to save gas. 18 A. Yes.
19 Q. When you drove your friend's Prius before 19 MR. HOMAMPOUR: Objection. Collateral
20 the accident, did you ever try to change the modes 20 source.
21 on that Prius? 21 BY MS. CARROLL:
22 A. No. I was only driving one street away. 22 Q. Who was your health insurance carrier at
23 Q. Did you see any other customers in the 23 the time of the accident?
24 Hertz facility when you arrived there? 24 MR. MORETON: Objection. It's irrelevant.
25 A. I don't recall. 25 MS. CARROLL: It is relevant.
Page 278 Page 280
1 Q. Is it correct that the first person who 1 MR. MORETON: Not reasonably calculated to
2 you told at any time after the accident that the 2 lead to the discovery of admissible evidence.
3 brakes didn't work at the time of the accident was 3 MS. CARROLL: Are you instructing him not
4 an L.A.P.D. officer? 4 to answer?
5 A. Yes. 5 MR. MORETON: No.
6 Q. Did you talk to the L.A.P.D. officer 6 BY MS. CARROLL:
7 before or after you made a phone call on your cell 7 Q. Okay. You can answer the question.
8 phone? 8 A. I had Obamacare.
9 MR. MORETON: Objection. Asked and 9 Q. Do you know if you had Medi-Cal or
10 answered. 10 Medicare at any point after the accident?
11 THE WITNESS: After. 11 A. I have Medi-Cal.
12 BY MS. CARROLL: 12 Q. Do you still have Medi-Cal?
13 Q. And was it after that you talked to Sarkis 13 A. Yes.
14 on the cell phone that you talked to the L.A.P.D. 14 Q. And other than the free treatment that you
15 officer? 15 received at the mental health facility, to your
16 A. Yes. 16 knowledge, has Medi-Cal or Obamacare paid for at
17 Q. And Sarkis is a car dealer? 17 least part of the medical treatment that you
18 A. He's -- 18 received since the accident?
19 MR. MORETON: What time period are you 19 A. Which part of it?
20 talking about? He's a car dealer now or at that 20 Q. Have you paid anything out of pocket for
21 time? 21 the medical treatment that you've received since the
22 BY MS. CARROLL: 22 accident that you relate to the accident?
23 Q. Sure. Is Sarkis currently a car dealer or 23 A. No.
24 involved in the business of selling cars? 24 Q. Have you signed any liens with any doctor
25 A. Yes. 25 concerning the treatment you received?
Page 281 Page 283
1 A. No. 1 because you're getting confused.
2 Q. Earlier you told us about people making 2 (The record was read as follows:
3 derogatory remarks at the scene. 3 "Is it your testimony that some of the
4 A. Yes. 4 kids were running across the
5 Q. Were those remarks directed at you? 5 crosswalk before the incident?")
6 A. Yes. 6 MR. MORETON: And the answer was?
7 Q. Do you know who those people were that 7 (The record was read as follows:
8 were saying the derogatory words? 8 "No. They were walking.")
9 A. Standbyers. Stand-by. I guess parents of 9 BY MS. CARROLL:
10 schoolchildren. 10 Q. How much time passed between when you hung
11 MR. MORETON: But do you know who they 11 up the phone from talking to Sarkis and when you
12 were? 12 talked to the first L.A.P.D. officer that you told
13 THE WITNESS: I don't know who they were. 13 him the brakes were not working?
14 BY MS. CARROLL: 14 A. That was before.
15 Q. Okay. Do you know if those people 15 Q. What do you mean?
16 witnessed the accident? 16 A. I told the officer that the brakes failed
17 A. I don't know. 17 before I called Sarkis, before he even showed up.
18 Q. Have you ever seen any of the three girls 18 Q. I believe, unless I'm wrong, that you
19 that were involved in the accident since the day of 19 testified a couple minutes ago that you talked to
20 the accident? 20 Sarkis and then you spoke to the L.A.P.D. officer.
21 A. Negative. 21 So is that not correct?
22 Q. Have you ever spoken to them? 22 A. I never said that.
23 A. Negative. 23 MS. HANNA: Did he -- I'm sorry. Did he
24 Q. How much time passed between when you 24 give you the time and I just didn't hear it? The
25 pushed the power button in the vehicle from when the 25 time lapse?
Page 282 Page 284
1 incident occurred? 1 MS. CARROLL: No.
2 MR. RAND: Objection. Vague and 2 MS. HANNA: I know he corrected the order,
3 ambiguous. 3 but --
4 MR. MORETON: And asked and answered. 4 MS. CARROLL: No. Okay. I think I'm done
5 BY MS. CARROLL: 5 with my questions. Thank you. At least for the
6 Q. You can answer. 6 first part of the deposition. And as we've already
7 A. What am I answering? 7 discussed, there may be a second one depending on
8 Q. How much time passed between when you hit 8 the medical records, if we get them.
9 the power button in the vehicle and when the 9 MR. HERICH: I've got like five minutes.
10 incident occurred? 10 Do you want to take a break or go straight to it?
11 A. Three exits. Three exits. 11 MR. MORETON: Do you feel okay?
12 Q. Did you notice any change in the vehicle 12 THE WITNESS: I'm okay.
13 performance after you hit the power button? 13 MR. HERICH: Probably be the shortest of
14 MR. HERICH: Objection. Asked and 14 anybody.
15 answered. He said no. 15 THE WITNESS: Who are you representing?
16 THE WITNESS: No. 16 MR. HERICH: I will tell you. Are we
17 BY MS. CARROLL: 17 ready? Thanks.
18 Q. Is it your testimony that some of the kids 18
19 were running across the crosswalk before the 19 EXAMINATION
20 incident? 20 BY MR. HERICH:
21 A. Before the incident? 21 Q. Mr. Vartanian, good afternoon. Good
22 Q. Correct. 22 evening. My name's Emil Herich. I'm representing
23 A. No. They were walking. 23 one of the children. We call her A.E. in the
24 MR. MORETON: Well, excuse me. Can we 24 complaint. I have very few questions for you today
25 have the question and answer back, please. Listen 25 and thank you for your patience with all of us.
Page 285 Page 287
1 After the incident occurred, you've 1 correct?
2 already testified at great length you spoke to 2 A. Correct.
3 police officers. About how much time the day of the 3 Q. And can you give me a rough estimate as to
4 incident, prior to you going the hospital, did they 4 how long they spent talking to you?
5 spend asking you questions? 5 A. Probably about half an hour.
6 A. Police officers? 6 Q. Okay. At the conclusion of them speaking
7 Q. Yes, sir. If you can give me just a rough 7 to you, they did not cite you for any traffic
8 estimate. 8 violation; is that true?
9 A. Quite a while. 9 A. Negative.
10 Q. Quite a while? 10 MS. CARROLL: Asked and answered.
11 A. I'd say about 45 minutes probably. 11 BY MR. HERICH:
12 Q. Okay. And in addition to questioning you, 12 Q. And they didn't make any effort or tell
13 is it -- did they take your cell phone and look at 13 you that you were under arrest or detained?
14 your cell phone? 14 A. Negative.
15 A. They took my cell phone and my wallet and 15 Q. Following the time that you left the
16 the contract and all that stuff from me when I sat 16 hospital, I know you had a phone call with an
17 down. 17 officer; is that correct?
18 Q. Okay. 18 A. I'm sorry. One more time.
19 A. Then I asked if I could have my cell phone 19 Q. Sure. Once you got home a day, two days
20 back to make a phone call, which I did. And then 20 later, did you receive a phone call?
21 after that it was taken away. 21 A. Yes.
22 Q. After you made your phone call, so they 22 Q. And that was from an officer; correct?
23 took your cell phone a second time? 23 A. That was from the CHP officer.
24 A. Oh, yeah. 24 Q. And how long did that officer speak to you
25 Q. Is that correct? 25 on the phone?
Page 286 Page 288
1 A. Correct. 1 A. A few minutes.
2 Q. Okay. And as part of the questioning they 2 Q. Okay. Other than the interrogation
3 did of you the day of the incident while you were 3 received at the scene and at the hospital and the
4 still present there? 4 phone call, did you speak to any police officers?
5 A. Yes. 5 A. No. Just Officer Danny from the Highway
6 Q. They asked you whether you had taken any 6 Patrol.
7 drugs and alcohol; correct? 7 Q. And when did you speak to him?
8 A. Correct. 8 A. He called me a couple of days later.
9 Q. And you honestly told them that you had 9 Q. Okay. That was the occasion in which a
10 not? 10 police officer phoned you; correct?
11 A. Correct. 11 A. Yes. That would be Officer Danny from New
12 Q. You agreed to voluntarily agree to submit 12 York.
13 to any test that they wanted to take of you? 13 Q. Did you speak to any police officers on
14 A. Correct. 14 the phone other than Officer Danny?
15 Q. And they satisfied themselves, to the best 15 A. No. Negative.
16 of your knowledge, that you had not taken any drugs 16 Q. And are you aware of the fact that -- did
17 or alcohol? 17 anyone ever tell you, other than your counsel, that
18 A. Correct. 18 subsequent to the time of the accident, the CHP
19 Q. Now, after you leave the scene of the 19 impounded the car and did an inspection of the car?
20 incident, you went to the hospital; correct? 20 Are you aware of that?
21 A. St. Vincent's. 21 A. I know they impounded the vehicle, but
22 Q. At the hospital you met with CHP officers; 22 that's it.
23 correct? 23 Q. Okay. But it's your testimony, as you sit
24 A. Correct. 24 here today, at no point, even after the CHP
25 Q. And they interrogated you as well; 25 conducted their inspection of the vehicle, did
Page 289 Page 291
1 anyone ever cite you for even a traffic offense; is 1 into the tree or if you go to the right into the
2 that true? 2 bushes, into the tree, you're thinking you may die?
3 A. Negative. 3 A. I don't know where I would wind up,
4 MR. HERICH: Okay. I have nothing 4 correct.
5 further. Do you want to do a stipulation? 5 Q. You thought you might die?
6 MR. HOMAMPOUR: Yeah, I'd like to clean 6 MS. CARROLL: Objection.
7 something up. 7 MS. HANNA: Objection. Misstates his
8 MS. HANNA: And I may literally just have 8 prior testimony. Asked and answered.
9 a couple of questions to close out this thing. 9 BY MR. HOMAMPOUR:
10 MR. HERICH: Can I talk to you for one 10 Q. Let me ask you. Did you think that, if
11 second? 11 you went -- if you drove the Defendant's Prius to
12 MR. HOMAMPOUR: Yeah. 12 the left into the bushes or into the tree, you might
13 THE VIDEOGRAPHER: Off the record. 5:55. 13 suffer serious bodily harm or die?
14 (Break taken.) 14 MS. HANNA: Objection. Misstates the
15 THE VIDEOGRAPHER: Back on the record. 15 testimony. Assumes facts not in evidence. Lacks
16 5:56. 16 foundation. Toyota does not own this Prius. So I
17 17 object to referring to this as "Toyota's Prius."
18 FURTHER EXAMINATION 18 MR. HOMAMPOUR: It is Toyota's Prius.
19 BY MR. HOMAMPOUR: 19 MS. HANNA: It is a Toyota Prius. Toyota
20 Q. Mr. Vartanian, as you're driving down the 20 does not own the vehicle. It's like saying --
21 off-ramp -- 21 MR. HOMAMPOUR: Well, when I say Toyota's
22 A. Yes. 22 Prius, I'm saying Toyota made the vehicle.
23 Q. -- you're in a -- you're in Defendant's 23 Q. When you're driving the Toyota Prius,
24 Toyota Prius; is that correct? 24 Defendant Toyota Prius --
Page 290 Page 292
1 Q. Rented by Defendant Hertz? 1 Q. -- in this emergency situation and you
2 A. Correct. 2 look to the left and you see bushes into the -- and
3 Q. And -- 3 trees and you look to the right and you see bushes
4 MS. HANNA: Objection to both questions as 4 and trees, did you think to yourself, if you went in
5 they're vague and ambiguous. 5 those directions, you might get seriously hurt or
6 MS. CARROLL: Join. 6 die?
7 BY MR. HOMAMPOUR: 7 A. Yes.
8 Q. As you're operating Defendant's Toyota 8 MS. HANNA: Objection.
9 Prius rented by the Defendant Hertz, you're 9 MS. CARROLL: Objection. Assumes facts.
10 presented with this unexpected situation where you 10 Vague and ambiguous. Lacks foundation. Calls for
11 want to apply the brakes and slow your vehicle and 11 speculation.
12 the brakes don't work; is that correct? 12 MS. HANNA: Join. And leading.
14 MS. CARROLL: Objection. Compound. 14 Q. Well, what did you think to yourself as
15 Assumes facts not in evidence. Calls for an expert 15 the brakes failed on Defendant Toyota Prius as
16 opinion. It's vague and ambiguous. 16 you're going down the off-ramp before you went in
17 MS. HANNA: Join. 17 between the cars?
18 BY MR. HOMAMPOUR: 18 A. What was my thinking?
19 Q. This emergency situation is frightening 19 Q. Yes, sir.
20 for you; correct? 20 A. I'm going to have trouble with no brakes.
21 A. Correct. 21 Q. And what did you think could happen to you
22 MS. CARROLL: Same objections. 22 if you went into the trees or the bush area?
23 BY MR. HOMAMPOUR: 23 MS. HANNA: Objection. Calls for
24 Q. You're coming down the off-ramp. Is it 24 speculation.
25 fair to say, if you go to your left into the bushes, 25 MS. CARROLL: Join.
Page 293 Page 295
1 THE WITNESS: I didn't know where I would 1 A. By all the advertisements that I've
2 wind up. 2 watched over TV or read, yes.
3 BY MR. HOMAMPOUR: 3 Q. If you had known that the brakes might
4 Q. What were you worried about? 4 fail, would you have rented the subject Prius?
5 MS. HANNA: Objection. Leading. 5 A. No.
6 BY MR. HOMAMPOUR: 6 MS. HANNA: Objection. Assumes facts not
7 Q. Strike that. Were you worried about where 7 in evidence. Lacks foundation.
8 you would wind up? 8 BY MR. HOMAMPOUR:
9 A. Wind up, yes. Somebody's house, you know. 9 Q. Did anyone at Hertz tell you that, if you
10 Don't know. Bushes. What do you know what's behind 10 pushed any button on the dash or console, that would
11 it? 11 cause the brakes to fail?
12 Q. This is happening as you're coming down 12 MS. CARROLL: Objection. Assumes facts.
13 the off-ramp. Is this happening pretty fast? 13 THE WITNESS: Negative.
14 A. Very fast, yes. 14 BY MR. HOMAMPOUR:
15 Q. And you're thinking, if I go -- is it 15 Q. Did anyone from the CHP or L.A.P.D. or
16 fair, as you described it, if you go to the left or 16 anyone from Toyota or anyone from Hertz tell you you
17 you go to the right of the vehicles in front of you, 17 pushed the wrong button and that's why the brakes
18 you may go into a house, bushes, or trees? 18 didn't work?
19 A. Or I could go into a wall. 19 A. Negative.
20 MS. CARROLL: Objection. Lacks 20 MS. CARROLL: Objection. Assumes facts
21 foundation. Calls for speculation. Assumes facts. 21 not in evidence. Lacks foundation. Calls for
22 MS. HANNA: Join. And asked and answered. 22 speculation. Incomplete hypothetical.
23 BY MR. HOMAMPOUR: 23 MS. CARROLL: Join.
24 Q. And did you think, if you went forward and 24 THE WITNESS: Negative.
25 hit either of the vehicles in front of you, that 25 ///
Page 294 Page 296
1 you'd hit the vehicle and then they'd hit the kids? 1 BY MR. HOMAMPOUR:
2 A. Correct. 2 Q. Did anyone from Hertz tell you up until
3 MS. CARROLL: Same objection. And 3 today that you did something wrong in operating the
4 misstates his testimony. 4 Prius that they rented you?
5 BY MR. HOMAMPOUR: 5 MS. CARROLL: Objection. Assumes facts.
6 Q. Let me back up on something. 6 Argumentative.
7 A. Okay. 7 THE WITNESS: Negative.
8 Q. Have you seen ads by Toyota regarding the 8 BY MR. HOMAMPOUR:
9 safety of the vehicles before you rented the subject 9 Q. I'm sorry. Go ahead.
10 Prius? 10 A. Negative.
11 A. Yes. 11 Q. Did anyone from Toyota, up until today,
12 MS. HANNA: Objection. Asked and 12 tell you that the way you -- you operated the car
13 answered. 13 incorrectly and that's what caused this incident?
14 BY MR. HOMAMPOUR: 14 A. No.
15 Q. And what did you understand were Toyota's 15 Q. And I'm -- just so I'm clear, your friend
16 advertising or marketing as to the safety of their 16 that you called or spoke to after the incident for
17 vehicles, including the Prius? 17 about a minute, was that before or after the
18 MS. HANNA: Objection. Vague and 18 L.A.P.D. officer asked you what happened?
19 ambiguous. Asked and answered. 19 MS. CARROLL: Asked and answered.
20 THE WITNESS: Good vehicles. 20 THE WITNESS: It was after.
21 BY MR. HOMAMPOUR: 21 BY MR. HOMAMPOUR:
22 Q. Did you understand that the Toyota, 22 Q. Okay. So just so the record is clear,
23 through the advertising, before you rented the 23 within a few minutes of this tragic -- strike that.
24 subject Prius, that the Prius was a safe vehicle to 24 Within a few minutes of this incident, an
25 operate? 25 L.A.P.D. officer asks you what happened and you tell
Page 297 Page 299
1 him the brakes failed? 1 A. Yes.
2 A. Correct. 2 Q. When I asked you about advertising, you
3 Q. And you were crying at this time? 3 said there was none. So now I want to know what
4 A. Yes. 4 advertising you're referring to.
5 Q. And you were -- this was after you saw a 5 MR. MORETON: All right. Objection. That
6 young girl laying on the ground looking at you? 6 mischaracterizes your questions and his responses
7 A. Correct. 7 before. Your questions all went to what
8 Q. In a way that you knew she was seriously 8 advertisement did he hear that caused him to go in
9 injured? 9 and rent this specific vehicle on this specific day.
10 A. Correct. 10 Okay? And it all --
11 Q. Okay. Is it the most horrific scene 11 MS. LIGHTFOOT: Okay. Let me rephrase my
12 you've ever experienced in your life? 12 question, Counsel.
13 A. Yes. 13 MR. MORETON: It all --
14 Q. Is it something that sticks with you to 14 MS. LIGHTFOOT: Can I rephrase my
15 this day? 15 question?
16 A. Yes. 16 MR. MORETON: Let me just finish.
17 Q. Is it something that you wish you could 17 MS. LIGHTFOOT: If it's not a speaking
18 forget but can't? 18 objection, instructing -- you're trying to coach
19 A. Yes. 19 your witness and I object to these coaching
20 MR. HOMAMPOUR: Okay. I actually have no 20 objections.
21 more questions. Your turn, Mary. 21 MR. MORETON: There's no coaching.
22 MS. HANNA: Mary? 22 MS. LIGHTFOOT: Go ahead and coach.
23 MR. HOMAMPOUR: You're allowing me to 23 MR. MORETON: I'm telling what was wrong
24 stand over here? Thank you. 24 with your -- I'm telling you what was wrong with --
25 MS. LIGHTFOOT: Well, no. I meant you can 25 what was different about that. Okay? Now he's just
Page 298 Page 300
1 sit in my seat. 1 testified that he's heard advertising over the years
2 MR. HOMAMPOUR: No. I'm messing with you. 2 about your product touting how good your product is.
3 3 So that's the difference.
4 FURTHER EXAMINATION 4 BY MS. LIGHTFOOT:
5 BY MS. LIGHTFOOT: 5 Q. Can you recall, as you sit here today, an
6 Q. I'm not trying to belabor this. So I will 6 ad about the Toyota Prius?
7 try to be quick. I wanted to follow up on what 7 A. I'm still not understanding your question.
8 Counsel just asked Mr. Vartanian. 8 Q. Have you ever seen an ad about Toyota
9 Will you please describe for me with 9 Prius?
10 specificity the ads that you -- 10 A. Yes.
11 A. Sorry. What's the word you used? 11 Q. Okay. What ad?
12 Q. Will you specifically describe for me -- 12 A. Ones on TV, but I don't pay attention to
13 A. Yes. 13 them.
14 Q. -- the ads you saw about Toyota vehicles. 14 Q. What do they -- what do they say?
15 A. Specifically, I mean, you want me to 15 A. Toyota has a great vehicle.
16 remember word for word? 16 Q. Okay. Is there any discussion in that ad
17 Q. Yes. 17 about the Toyota brake system?
18 A. I don't -- 18 A. No, not that I can recall.
19 MR. MORETON: Over the last 40 years? 19 Q. So there's nothing you can recall that you
20 BY MS. LIGHTFOOT: 20 specifically relied on in your rental of a Prius
21 Q. Well, the ones that you just referred to 21 that day; is that correct?
22 when you answered Counsel's question. He referred 22 A. Correct.
23 to advertising. 23 Q. Are the advertisements that you just
24 A. Yes. 24 referred to, were those -- I believe you said on
25 Q. You acknowledged advertising. 25 television; correct?
Page 301 Page 303
1 A. Television ads. 1 A. It's across the street from my friend's
2 Q. Where else? 2 shop.
3 A. You open YouTube, every two seconds it's a 3 Q. So fewer than five minutes?
4 Toyota advertisement. 4 A. You could say that.
5 Q. Okay. Are any of those advertisements 5 Q. During the incident, and I'll say from the
6 about the Prius? 6 time you left the freeway to take the Magnolia exit
7 A. I don't know. 7 until the Prius came to rest under the freeway
8 Q. So not that you specifically -- do you 8 overpass, at any time during that period, did the
9 specifically recall anything about the Prius? 9 Prius accelerate?
10 A. No, because I just delete them. 10 A. Okay. One more time?
11 Q. So do you delete them without reading 11 Q. Sure. From the time you left the
12 them? 12 freeway --
14 Q. Are there any other mediums, such as 14 Q. -- until the time the Prius stopped under
15 newspapers or other places where you have seen ads? 15 the freeway overpass --
16 MR. MORETON: For Toyota vehicles? 16 A. Yes.
17 THE WITNESS: Television. 17 Q. -- did the Prius accelerate?
18 BY MS. LIGHTFOOT: 18 A. Yes.
19 Q. Okay. Other than television, other than 19 Q. Okay. When?
20 YouTube. 20 A. After striking the Nissan.
21 A. Radio. 21 Q. What speed were you traveling when you
22 Q. And what ads have you heard on radio about 22 struck the Nissan?
23 the Toyota vehicles? 23 A. I can't recall.
24 A. I don't pay attention to them. 24 Q. Can you estimate at all?
25 Q. Okay. And so I would like to leave this 25 A. I would have to guesstimate.
Page 302 Page 304
1 subject matter. Are there any statements in any of 1 Q. Not guessing. Just can you estimate?
2 the advertising that you have been exposed to about 2 A. No.
3 Toyota vehicles upon which you relied in your rental 3 Q. After you struck the Nissan, how much did
4 of the Prius? 4 the vehicle accelerate?
5 A. No. 5 A. Enough to get it across the street.
6 Q. You were asked about your auto repair 6 Q. So I'm only asking this because of the way
7 work. Have you ever performed any repair work on a 7 you phrased that answer. So the speed actually
8 Prius? 8 increased at that point, or it just kept moving
9 A. Negative. 9 across the street? That's what I want to know.
10 Q. And I just want to clarify something. 10 MR. HOMAMPOUR: Objection. It calls for
11 This may be consistent, but I just want to 11 speculation. Lacks foundation as to whether the
12 understand. The other Prius you drove of your 12 speed increased.
13 friend's, that was about a year before? 13 THE WITNESS: After hitting the Nissan,
14 A. Yes. 14 the vehicle should have come to a stop. Yet it
15 Q. And you said you drove it for about 20 15 veered off, kept going straight. Me pushing the
16 minutes. And then I heard you say in someone else's 16 brake, it kept going.
17 question you only drove it one street away. So my 17 BY MS. LIGHTFOOT:
18 question is, was the operational time 20 minutes or 18 Q. Okay. So your basis for saying it
19 was it just -- did 20 minutes include the time to 19 accelerated is that you expected the Prius would
20 drive to Home Depot, do something, and then return 20 stop after striking the Nissan?
21 home? 21 A. Yes.
22 A. 20 minutes involved going to Home Depot 22 Q. What portion of the Prius struck what
23 and coming back. 23 portion of the Nissan?
24 Q. Okay. So how much of that 20 minutes was 24 A. Right -- okay. Left front fender.
25 actual driving time? 25 Q. Of the Prius?
Page 305 Page 307
1 A. Prius. Left front fender of the Nissan. 1 A. No.
2 Q. And was your expectation that a vehicle 2 MR. HOMAMPOUR: No, there's no other
3 would stop -- stops immediately upon impacting 3 reason or no, you can't? Sorry.
4 another vehicle? 4 THE WITNESS: I can't.
5 A. One more time. 5 BY MS. LIGHTFOOT:
6 Q. Okay. Was it your expectation that, when 6 Q. On the day of the accident, so right after
7 one vehicle strikes a second vehicle, the one 7 the accident, including up until the time you were
8 vehicle stops? 8 in the hospital, did you have any physical injuries
9 A. If the other vehicle is stopped, yes. 9 or complaints that you complained of to medical
10 Q. Okay. What do you base that on? 10 personnel?
11 A. The gentleman is stopped at a red light. 11 A. Yes.
12 He's got his foot on the brake. 12 Q. What?
13 Q. So he stays stopped? 13 A. Both wrists and left knee.
14 A. He stays stopped. 14 Q. Okay. And what about both wrists? What
15 Q. Okay. I just wanted to know why you're 15 was wrong with your wrists?
16 expecting that the Prius would stop when it strikes 16 A. They hurt.
17 something. 17 Q. So both wrists hurt?
18 A. If you hit a brick wall, you stop. 18 A. (Nods head.)
19 Q. Understood. And depending on how you hit 19 Q. And your left knee, what was that?
20 it, I probably agree. But, for example, when you 20 A. I guess striking the dashboard probably.
21 struck one of the girls, did you stop? Did the 21 Q. Bad question on my part. What was it
22 Prius stop? 22 about your left knee? Did it hurt?
23 A. No. 23 A. It hurt.
24 Q. Okay. So what is the difference between 24 Q. Okay. Were there any visual injuries,
25 that and striking a portion of the Nissan? 25 bruise, blood, broken skin to your wrists or knee?
Page 306 Page 308
1 A. About 4,000 pounds. 1 A. No.
2 Q. How much does the Prius weigh? 2 Q. How were those treated?
3 A. Maybe about 4. 3 A. They were not.
4 Q. Okay. Okay. That's your basis. I just 4 Q. And what is your estimated earnings at the
5 wanted to understand what your thinking was. 5 time of the accident? And you can give that to me
6 Do you have some kind of optical license? 6 either weekly, monthly, annually.
7 A. I did. 7 A. Depending on the month. My highest
8 Q. What was that? 8 earning from one year is 102,000.
9 A. Optician. 9 Q. What year was that?
10 Q. You're an optician? Did you practice as 10 A. 2012 I believe.
11 an optician? 11 Q. What work did you perform that year?
12 A. Yes. 12 A. I did barter. You know, I did build
13 Q. What years? 13 engines, build boats. Anything outdoors pretty
14 A. 1994 to '97 I believe. '96. No. '97. 14 much. Race built -- you know, built race engines.
15 Q. Is that some type of activity you could 15 Transported cars to the racetracks. Transported
16 return to, something in the optical field, optician 16 them back.
17 field? 17 Q. And how -- you said this is via barter;
18 A. I wouldn't want to. 18 correct?
19 Q. Any particular reason? 19 A. Correct.
20 A. I'm not happy in an office environment. 20 Q. So were you getting services in return for
21 Q. Is there any other reason that you could 21 those services?
22 not work in an office environment? 22 A. Yes.
23 A. Doing what? 23 Q. Like what types of services?
24 Q. Something related to optical work or even 24 A. You know, if I needed something done, that
25 in an auto repair facility? 25 would be taken care of. Let's say if I have a
Page 309 Page 311
1 vehicle that needs to be repaired, I will fix your 1 A. No.
2 boat, you will fix my car. 2 Q. Okay. Is there any place where you have
3 Q. And how did you determine the monetary 3 information that would inform your earnings in the
4 value of those services to come up with the 102,000? 4 first half of 2014?
5 A. That's my -- the 102 is my 1099. 5 A. No.
6 Q. So I'm going to have to learn about 6 Q. Other than what you've already testified
7 bartering. So who issues the 1099? Is this you to 7 to, are there any activities you cannot partake in
8 yourself? 8 today that you did before the accident?
9 A. The 1099 was before, prior to me before 9 A. I can't sail.
10 going into my own endeavors. 10 Q. Okay.
11 Q. Wait. Who issues the 1099? I mean, does 11 A. I can't go on race boats.
12 somebody? 12 Q. Okay. Anything else?
13 A. 1099 makes me a contractor. And, you 13 A. My manual dexterity is non-existent.
14 know, just like, let's say a contractor, I'm not 14 Q. What do you mean by that, your manual
15 working for anybody. I'm working for myself. And 15 dexterity?
16 that's what you get instead of a W-2. You get a 16 A. Eye-hand coordination.
17 1099. 17 Q. And what has caused that to change since
18 Q. Did different people give you 1099s with 18 the accident?
19 the value of the barter services? 19 A. Stroke.
20 A. Yes. 20 MS. LIGHTFOOT: Thank you very much. I
21 Q. What was your lowest earning income, say 21 have no more questions other than what I've already
22 five years before the accident, a year? 22 stated a while ago.
23 A. A year before? 23 MS. CARROLL: I have some.
24 Q. Yeah. Was it annual -- within the five 24 ///
25 years of the accident -- 25 ///
Page 310 Page 312
1 A. Okay. 1 FURTHER EXAMINATION
2 Q. -- what was your lowest annual income? 2 BY MS. CARROLL:
3 A. Probably 60. 3 Q. Did you say that you didn't report your
4 Q. And do you know what year that would be? 4 income in 2013?
5 A. 2008. 5 A. Correct.
6 Q. Do you know what your income was in 2013? 6 Q. Did you report your income in 2014?
7 A. Off the top of my head, no. 7 A. No.
8 Q. Okay. Do you have records that would 8 Q. When was the last time you reported your
9 reflect that? 9 income on an annual basis?
10 A. Don't know. 10 MR. MORETON: I'm going to object. This
11 Q. Do you keep copies of your tax returns? 11 is irrelevant and not reasonably calculated to lead
12 A. No. 12 to the discovery of admissible evidence. Whether he
13 Q. So there's -- strike that. 13 reported or didn't report, his income may or may not
14 But it was less than 102,000? In 2013 did 14 be relevant. But what he does with his tax returns
15 you report earnings less than 102,000? 15 is something else. So let's move on.
16 A. I didn't report. 16 MS. HANNA: His income is not relevant?
17 Q. How much did you earn in 2014? 17 Is that true?
18 A. Nothing. 18 MR. MORETON: His income, I said, may be
19 Q. Including from January through June 4th? 19 relevant. It is relevant with respect to his loss
20 A. One more time. 20 of income. But what he does with the IRS is not
21 Q. How much did you earn from January 1, 21 relevant. It's not discoverable. It's privileged.
22 2014, through June 4, 2014? 22 MS. CARROLL: If he did file, we would be
23 A. I don't recall. 23 entitled to them so we can determine whether he has
24 Q. Okay. Did you earn any monies June 5, 24 a huge loss claim.
25 2014, until the end of 2015? 25 MR. MORETON: I'm sorry. I can't hear
Page 313 Page 315
1 you. 1 A. Two years back.
2 MS. CARROLL: If he did file a report or 2 Q. Do you have any estimate in terms of
3 report his income to the tax board or the IRS, then 3 minutes as to how long it was after the accident
4 we would be entitled to that information. So I just 4 that the L.A.P.D. officer came up to you for the
5 need to know when the last time -- 5 first time and talked to you about the brake
6 MR. HOMAMPOUR: No, you're not. 6 failure?
7 MR. MORETON: Really? 7 MR. HERICH: Objection. Asked and
8 MR. HOMAMPOUR: It's called taxpayer 8 answered.
9 privilege. 9 MR. MORETON: Yes.
10 MR. MORETON: When did this happen? 10 BY MS. CARROLL:
11 MS. CARROLL: Okay. Well, some attorneys 11 Q. You can answer.
12 would get it so that they could establish their wage 12 A. A few minutes.
13 loss claim. 13 Q. Would you say more than five minutes or
14 MR. MORETON: I don't mean to be 14 less than five minutes?
15 facetious. 15 A. After me coming to a stop?
16 MS. CARROLL: That's fine. 16 Q. Sure.
17 MR. MORETON: Okay. 17 A. Walking back to the girl?
18 MS. CARROLL: I don't care. Whatever you 18 Q. No. How about after the vehicle came to a
19 want. 19 stop, do you have any estimate in terms of minutes
20 MR. MORETON: So I'm objecting and 20 as to how long --
21 instructing him not to answer any questions having 21 A. I don't.
22 to do with his tax returns. If you want to ask him 22 Q. Okay. You have to just let me finish my
23 any questions about his income, that's perfectly 23 question.
24 okay. 24 After your vehicle came to a complete stop
25 /// 25 on the curb, how many minutes passed between that
Page 314 Page 316
1 BY MS. CARROLL: 1 time and when you first spoke to an L.A.P.D.
2 Q. Do you have any current source of income? 2 officer?
3 A. Negative. 3 A. I don't know.
4 Q. When was the last time that you had any 4 Q. So you don't know if it's more than five
5 source of income? 5 minutes or less than five minutes?
6 A. Before the accident. 6 A. No.
7 Q. How long before the accident was it that 7 Q. You knew Musho for about ten years before
8 you had any source of income? 8 the accident?
9 A. Up until the accident. 9 A. Correct.
10 Q. And that was from bartering? 10 Q. And would you consider him to be a friend?
11 A. Bartering. Doing, you know, I mean, side 11 A. An acquaintance.
12 jobs as far as building engines, building boats. 12 Q. When you told Musho about the issue about
13 Q. Other than the 1099s that you previously 13 the brakes at the Hertz facility and he told you
14 talked about, are there other documents or journals 14 that the vehicle was serviced, did you trust him?
15 that you keep to reflect what work you've done? 15 A. I had no reason not to.
16 A. Some. 16 Q. Okay. Did you trust him because you had
17 Q. Do you still have those documents? 17 known him for ten years or because he was an
18 A. I don't know. 18 employee of Hertz?
19 Q. If you did keep documents, what would 19 A. I would have to be guessing.
20 those documents be concerning your income before the 20 Q. Do you know why you trusted Musho's
21 accident? 21 statement that the vehicle had just been serviced?
22 A. Daily journal. 22 A. Because he said so.
23 Q. Do you currently keep a journal? 23 Q. And it's not because he's an employee of
24 A. I do not. 24 Hertz or because he's a friend or acquaintance?
25 Q. When was the last time you kept a journal? 25 A. I don't think so.
Page 317 Page 319
1 Q. Did Hertz give you any documentation 1 FURTHER EXAMINATION
2 concerning the actual Prius that you rented on the 2 BY MR. HOMAMPOUR:
3 day of the accident other than the agreement that 3 Q. You rented the Defendant Toyota Prius from
4 we've marked as Exhibit 12? 4 Defendant Hertz; correct?
5 A. No. 5 A. Correct.
6 Q. What's your highest level of education? 6 Q. You didn't represent it from Musho?
7 A. College. 7 A. Correct.
8 Q. Did you graduate? 8 Q. Okay. Musho -- I'm sorry. What's his
9 A. Yes. 9 name?
10 Q. From what college? 10 A. Musho.
11 A. American College of Optics. 11 Q. Musho. Sorry.
12 Q. Do you get a degree in optics? 12 A. His name is -- his true name is Musher.
13 A. Yes. 13 Q. Musher? Okay.
14 Q. What kind of degree? 14 A. Musher.
15 A. Optician. 15 Q. Musher. Okay.
16 Q. Is it a bachelor's, a Ph.D., doctorate, do 16 A. With an "ah-ah," "r" --
17 you know? 17 Q. Okay.
18 A. No. 18 A. -- on the end, which you guys cannot
19 Q. How long did you attend college to get 19 pronounce.
20 your optics degree? 20 Q. Okay. Musher -- strike that.
21 A. Year and a half. 21 Musher worked for Hertz?
22 Q. Any other college education? 22 A. Correct.
23 A. I went to L.A.C.C. for a little bit. 23 Q. Every time he talked to you or spoke to
24 Q. Just general education? 24 you about the Prius, he was doing so on behalf of
25 A. Correct. 25 Hertz?
Page 318 Page 320
1 Q. When was that? 1 A. Correct.
2 A. Oh, years ago. 2 MS. CARROLL: Objection. Assumes facts.
3 Q. Earlier you talked about you thought there 3 Lacks foundation. Calls for speculation.
4 might be a house on either side of the off-ramp; 4 BY MR. HOMAMPOUR:
5 correct? 5 Q. You relied on Hertz to give you the rental
6 MR. HERICH: Objection. Misstates his 6 vehicle, which was a Prius in this instance?
7 prior testimony. 7 A. Correct.
8 THE WITNESS: I didn't say. I said there 8 MS. CARROLL: Same objections.
9 could have been. 9 BY MR. HOMAMPOUR:
10 BY MS. CARROLL: 10 Q. If there was something wrong with the
11 Q. Did you ever see any house or anything 11 Prius that made it unsafe to drive, did you expect
12 like that, any structure that you could have struck 12 Hertz to tell you so before they gave you the
13 before the accident? 13 vehicle?
14 A. The bushes were covering it. 14 A. Yes.
15 Q. The bushes were covering the -- both sides 15 MS. CARROLL: Objection. Lacks
16 of the off-ramp for the four years you drove on that 16 foundation. Calls for speculation. Expert opinion.
17 off-ramp every day? 17 THE WITNESS: Yes.
18 A. I didn't look. 18 BY MR. HOMAMPOUR:
19 Q. And is it Sarkis's phone number that is 19 Q. Okay. Did Hertz tell you the vehicle had
20 818-974-9403? 20 been in a prior collision?
21 A. As far as I know. 21 MS. CARROLL: Objection. Asked and
22 MS. CARROLL: Thank you. I don't have any22 answered.
23 other questions. 23 THE WITNESS: Negative.
24 MR. HOMAMPOUR: I have just a few things. 24 MS. CARROLL: Not reasonably calculated to
25 Almost done. 25 lead to the discovery of admissible evidence.
Page 321 Page 323
1 MR. HOMAMPOUR: Okay. Nothing else. Are 1 advertise critically about their own product?
2 we done? 2 MS. HANNA: Objection. Vague and
3 MR. MORETON: I have a few questions. 3 ambiguous.
4 MR. HOMAMPOUR: Oh. Do you want to ask 4 THE WITNESS: Critically as in negatively?
5 from over there? 5 BY MR. MORETON:
6 MR. MORETON: No. I'll just sit here. 6 Q. Yes. Did they ever advertise negatively
7 This will just take a minute. 7 about their own product?
8 8 MS. HANNA: Same objection.
9 EXAMINATION 9 THE WITNESS: No.
10 BY MR. MORETON: 10 MS. CARROLL: Sorry. What was the answer?
11 Q. Sir, prior to the date of this accident, 11 THE WITNESS: No.
12 had you ever heard of the Toyota vehicle, the Toyota 12 BY MR. MORETON:
13 Motor Company that made Toyota vehicles? 13 Q. In all the advertisement that you heard,
14 A. Yes. 14 did you ever hear Toyota tell the public there was
15 Q. And had you heard of them through 15 any deficiency in a braking system in any one of
16 television and print and Internet advertising? 16 their vehicles?
17 A. Yes. 17 MS. HANNA: Same objections.
18 Q. And throughout the course of your life, 18 THE WITNESS: Negative.
19 prior to this accident, would it be fair to say you 19 MS. HANNA: Assumes facts not in evidence.
20 had heard many dozens of Toyota commercials of 20 Lacks foundation. Calls for speculation. Vague and
21 various sorts? 21 ambiguous.
22 A. Yes. 22 BY MR. MORETON:
23 Q. And in all those Toyota commercials, did 23 Q. I'm sorry. Turning to Hertz for a moment,
24 they always tout the quality of their products and 24 prior to this incident, had you ever heard of the
25 the safety of their products? 25 company called Hertz?
Page 322 Page 324
1 A. Yes. 1 A. Prior to the incident? Yes.
2 MS. HANNA: Objection. Overbroad. Vague 2 Q. Prior to the incident, had you ever heard
3 and ambiguous. Lacks foundation. Assumes facts not 3 of Hertz?
4 in evidence. Calls for speculation. 4 A. Yes.
5 BY MR. MORETON: 5 Q. And did you understand it to be an entity
6 A. In those many -- I'm sorry. 6 that rents automobiles to the general public?
7 In those many dozens or hundreds of 7 A. Yes.
8 advertising commercials that you've heard about 8 Q. And did you understand it to rent, among
9 Toyota vehicles, did you ever hear, without having 9 others, Toyota vehicles to the public?
10 to specifically name the date and time, have you 10 MS. CARROLL: Objection. Lacks
11 ever heard or read any advertising about the Toyota 11 foundation. Calls for speculation. Vague and
12 Prius? 12 ambiguous.
13 A. Magazines. 13 THE WITNESS: Yes, I did.
14 Q. Magazines. Okay. And when you saw -- 14 BY MR. MORETON:
15 when you read these magazines containing 15 Q. Okay. And when you went to rent a vehicle
16 advertisements about the Toyota Prius, did they 16 from Hertz, did you believe it to be a corporation
17 always state positive things about the vehicle? 17 on whom you could depend to rent safe vehicles?
18 MS. HANNA: Same objections. That 18 MS. CARROLL: Same objections.
19 misstates his prior testimony. 19 THE WITNESS: I believe so.
20 THE WITNESS: I believe so. 20 BY MR. MORETON:
21 BY MR. MORETON: 21 Q. Would you have rented a vehicle from Hertz
22 Q. To your knowledge, have you ever heard or 22 if you believed it was not renting safe vehicles?
23 read an advertisement by Toyota about its vehicles 23 A. No.
24 that was critical of them or specifically that was 24 MS. CARROLL: Same objection. Asked and
25 critical of them? Did you ever hear Toyota 25 answered.
Page 325 Page 327
1 BY MR. MORETON: 1 MS. HANNA: We do it differently here.
2 Q. Did you have any reason to believe the 2 MR. HOMAMPOUR: No. No.
3 vehicle you rented from Hertz on the date of this 3 MR. MORETON: Sealed?
4 incident was not a safe vehicle? 4 MR. HOMAMPOUR: Now, you do -- don't
5 A. No. 5 worry. We're all good. You don't need it sealed.
6 Q. Did you have any reason to believe that 6 MS. HANNA: Okay. But you're not going to
7 there was a defect or deficiency in the braking 7 be dismantling it, taking it apart, stuff like that?
8 system of the vehicle that you rented on the date of 8 It stays like intact?
9 this incident? 9 MR. MORETON: Yes.
10 MS. CARROLL: Objection. Lacks 10 MS. CARROLL: I'll just add to the
11 foundation. Calls for speculation. 11 stipulation that this is for Volume One of the
12 THE WITNESS: No. 12 deposition because I'm assuming that there will be a
13 MR. MORETON: Okay. I don't have any 13 Volume Two.
14 other questions. 14 MR. MORETON: We're not stipulating
15 MS. CARROLL: Assumes facts not in 15 there's a Volume Two.
16 evidence. 16 Ms. CARROLL: Yeah, I understand that.
17 MS. HANNA: Join. 17 MR. HOMAMPOUR: Volume Two is if you get
18 MR. HOMAMPOUR: All right. Let's 18 the right to do a second deposition. No one's
19 stipulate to relieve the court reporter of her 19 agreeing to it. Okay?
20 duties under the Code. The original transcript will 20 MS. HANNA: And I'm just going to say
21 be forwarded to attorney -- which? I'm sorry. To 21 nobody has to agree to it. We may be before the
22 you. Your last name? 22 Court on this issue. But, again, the records have
23 MR. MORETON: Moreton. 23 been withheld from us and blocked and we need to see
24 MR. HOMAMPOUR: Moreton. The witness will 24 those records. And then to the extent we need to
25 have 30 days within which to review the transcript, 25 speak with Mr. Vartanian, we will do what we need to
Page 326 Page 328
1 make any changes, sign it under penalty of perjury. 1 do.
2 You'll retain custody since it's your 2 MR. HOMAMPOUR: Right. Okay. Everyone
3 client. You'll notify all other counsel within five 3 stipulate?
4 days for a total of 35 days of the fact that the 4 MR. MORETON: So stipulated.
5 transcript's been reviewed and signed. You'll 5 MR. HERICH: So stipulated.
6 notify us of any and all changes within that time 6 MS. HANNA: So stipulated.
7 period. You'll retain custody of the original, make 7 MS. CARROLL: So stipulated.
8 it available at anyone's reasonable request. 8 MR. RAND: So stipulated.
9 If the original is not available for any 9 MS. LIGHTFOOT: So stipulated.
10 reason, a certified copy can be used in its place 10 THE REPORTER: Counsel, copy?
11 with corrections if timely made and without 11 MS. CARROLL: Yes, please.
12 corrections if they're not timely made. If you need 12 THE REPORTER: Anne, did you want a copy?
13 more time to make corrections because of it's high 13 MS. HANNA: Yes, we covered that at the
14 issues, just ask. 14 beginning.
15 MR. MORETON: Or the list of this 15 THE REPORTER: Oh, yes, we did.
16 deposition. 16 Mary, did you want a copy?
17 MR. HOMAMPOUR: Either/or. If you need 17 MS. LIGHTFOOT: Yeah, I'm going to order a
18 more than 35 days, just ask. Okay? 18 copy.
19 MR. MORETON: So stipulated. 19 MR. MORETON: Just Mr. Moreton.
20 MS. HANNA: Right. And if I understand 20 THE REPORTER: Mr. Herich?
21 you, the original stays sealed? 21 MR. HERICH: Yes. The answer is yes. Can
22 MR. HOMAMPOUR: With the -- sealed? 22 I order it with you, too?
23 MS. HANNA: Doesn't it stay sealed? 23 THE VIDEOGRAPHER: Mr. Moreton, would you
24 MS. CARROLL: No, that's not done in 24 like a copy of the video?
25 California. 25 MR. MORETON: No. Just -- you ordered a
Page 329 Page 331
1 video; right? No. 1 STATE OF CALIFORNIA )
2 THE VIDEOGRAPHER: This concludes today's ) ss:
3 proceeding. The number of DVDs used was four. We 2 COUNTY OF LOS ANGELES )
4 are going off the record. The time is 6:36. 3
5 (Whereupon, the deposition was 4 I, COLLEEN McGOVERN, do hereby certify:
6 concluded at 6:36 P.M.) 5
7 6 That I am a duly qualified Certified Shorthand
8 7 Reporter, in and for the State of California, holder of
8 certificate number 10360, which is in full force and
9
9 effect and that I am authorized to administer oaths and
10
10 affirmations;
11
11 That the foregoing deposition testimony of the
12
12 herein named witness was taken before me at the time and
13
13 place herein set forth;
14
14 That prior to being examined, the witness named
15
15 in the foregoing deposition, was duly sworn or affirmed
16 16 by me, to testify the truth, the whole truth, and
17 17 nothing but the truth;
18 18 That the testimony of the witness and all
19 19 objections made at the time of the examination were
20 20 recorded stenographically by me, and were thereafter
21 21 transcribed under my direction and supervision;
22 22 That the foregoing pages contain a full, true
23 23 and accurate record of the proceedings and testimony to
24 24 the best of my skill and ability;
25 25
Page 330 Page 332
1 PENALTY OF PERJURY CERTIFICATE 1 I further certify that I am not a relative or
2 2 employee or attorney or counsel of any of the parties,
3 I hereby declare I am the witness in the within 3 nor am I a relative or employee of such attorney or
4 matter, that I have read the foregoing transcript and 4 counsel, nor am I financially interested in the outcome
5 know the contents thereof; that I declare that the same 5 of this action.
6 is true to my knowledge, except as to the matters which 6
7 are therein stated upon my information or belief, and as 7 IN WITNESS WHEREOF, I have subscribed my name
8 to those matters, I believe them to be true. 8 this ____ day of _____________, ____.
9 I declare being aware of the penalties of perjury, 9
10 that the foregoing answers are true and correct. 10
11 11 ______________________________________
12 12 COLLEEN McGOVERN, CSR NO. 10360
13 13
14 14
15 Executed on the _____ day of _______________, ____, 15
16 at _________________________, _________________________. 16
17 (CITY) (STATE) 17
18 18
19 19
20 20
21 ______________________________________ 21
22 VARTAN BART VARTANIAN 22
23 23
24 24
25 25

Page 333
1 ERRATA SHEET
2
3 If any corrections to your deposition are necessary,
indicate them on this sheet, giving the change, page
4 number, line number and reason for change.
5 PAGE LINE FROM TO
6 ____ ____ _____________________ _____________________
7 Reason ________________________________________________
8 ____ ____ _____________________ _____________________
9 Reason ________________________________________________
10 ____ ____ _____________________ _____________________
11 Reason ________________________________________________
12 ____ ____ _____________________ _____________________
13 Reason ________________________________________________
14 ____ ____ _____________________ _____________________
15 Reason ________________________________________________
16 ____ ____ _____________________ _____________________
17 Reason ________________________________________________
18 ____ ____ _____________________ _____________________
19 Reason ________________________________________________
20 ____ ____ _____________________ _____________________
21 Reason ________________________________________________
22 ____ ____ _____________________ _____________________
23 Reason ________________________________________________
24
_________________________________ _____________________
25 Signature of Deponent Date
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1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 1 APPEARANCES:

[6/27/2017] Vartanian, Vartan 2017-06-27 Pages 1 - 4

[6/27/2017] Vartanian, Vartan 2017-06-27 Pages 329 - 332

[6/27/2017] Vartanian, Vartan 2017-06-27 Page 333

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