FIKKD
CLARENCE DYER & COHEN LLP
KATE DYER (SBN 171891)
CD
4
[email protected]
899 Ellis Street
San Francisco, CA 94109
Telephone: (415) 749-1800
Facsimile: (415) 749-1694
5
LATHAM& WATKINS LLP
7
8
C)
SAN MATEO GOUNTY
SEP 2 8 201
Cler
h
V
'EPLITV CLEW
JOHN J. LYONS (SBN 71758)
john. [email protected]
355 South Grand Avenue
Los Angeles, CA 90071-1560
Telephone: (213) 891-8320
Facsimile: (213) 891-8763
SEDGWICK LLP
GAYLE L. GOUGH (SBN 154398)
10
12
13
14
[email protected]
333 Bush Street, 30'" Floor
San Francisco, CA 94104
Telephone: (415) 781-7900
Facsimile: (415) 781-2635
Attorneys for Defendants
PACIFIC GAS AND ELECTRIC COMPANY
and PG&E CORPORATION
15
SUPERIOR COURT OF THE STATE OF CALIFORNIA
16
IN AND FOR THE COUNTY OF SAN MATEO
Coordination Proceeding Special Title
(Rule 3.550)
PG&E "SAN BRUNO FIRE" CASES
20
21
22
23
24
25
JCCP No. 4648 A
TORT ACTIONS
DECLARATIONOF LAURAELLIS
BIENIEK IN SUPPORT OF
DEFENDANTS PACIFIC GAS AND
ELECTRIC COMPANY AND PGdkE
CORPORATION'S MOTION FOR
SUMMARY ADJUDICATION OF
NEGLIGENT INFLICTIONOF
EMOTIONALDISTRESS AND
EVIDENCE IN SUPPORT THEREOF
Date:
October 15, 2012
Time:
Dept.:
7
Judge:
Hon. Steven Dylina
Referee:
Honorable Ronald Sabraw
10:00 a.m.
26
27
28
SF/3017 I 03v I
DECLARATION OF LAURA ELLIS BIENIEK IN SUPPORT OF DEFENDANTS'OTION FOR SUMMARY
ADJUDICATIONOF NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS AND EVIDENCE IN
SUPPORT THEREOF
I, Laura Ellis Bieniek, declare as follows:
1
1.
I am an attorney licensed to practice law in the State of California. I am an
of record
to Pacific Gas and Electric Company and PG&E
3
associate at Sedgwick LLP, counsel
4
Corporation ("PG&E") in this case. Unless indicated otherwise, I have first-hand knowledge of
5
all facts alleged herein, and would testify thereto in a court
2.
of law.
This Declaration is made in support of Defendant PG&E's Motion for Summary
Adjudication for Negligent Infliction of Emotional Distress.
7
3.
Attached hereto as Exhibit 25 are true and correct copies
of plaintiffJulio Locon,
of excerpts from the
At the time this motion was filed, the certified deposition
9
deposition
10
transcript was unavailable. Exhibit 25 is intended to replace Exhibit 25 previously submitted
11
and referenced to in the Declaration
12
outlining page and line differences in citation between the rough transcript previously submitted
13
and the certified transcript submitted herewith.
14
15
Jr.
of Gayle L. Gough, filed on April 6, 2012. Below is a chart
MOVING PARTY'S UNDISPUTED
MATERIALFACTS AND SUPPORTING
EVIDENCE (SUBMITTED ON 4/6/2012)
MOVING PARTY'S UNDISPUTED
MATERIALFACTS AND SUPPORTING
EVIDENCE (REVISED WITH
CERTIFIED TRANSCRIPT CITATIONS)
At the time of the pipeline rupture, Julio
At the time of the pipeline rupture, Julio
Locon, Jr. was at Crocker Amazon Park in San
Francisco.
Locon, Jr. was at Crocker Amazon Park in
San Francisco.
Julio Locon, Jr. Fact Sheet, p. 2, $ II.H, Ex. 37
to Gough Declaration.
Julio Locon, Jr. Fact Sheet, p. 2, $ II.H, Ex. 37
to Gough Declaration.
Julio Locon, Jr. Deposition, Rough Transcript,
24:25-25:6; 29:1-7, Ex. 25 to Gough
Declaration.
Julio Locon, Jr. Deposition, 29:6-29:12;
33:10-16, Ex. 25 to Bieniek Declaration.
16
17
18
19
20
21
22
23
24
25
26
27
28
SF/3017103v
I
1
DECLARATION OF LAURA ELLIS BIENIEK IN SUPPORT OF DEFENDANTS'OTION FOR SUMMARY
ADJUDICATION OF NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS AND EVIDENCE IN
SUPPORT THEREOF
MOVING PARTY'S UNDISPUTED
MATERIALFACTS AND SUPPORTING
EVIDENCE (SUBMITTED ON 4l6/2012)
MOVING PARTY'S UNDISPUTED
MATERIALFACTS AND SUPPORTING
EVIDENCE (REVISED WITH
CERTIFIED TRANSCRIPT CITATIONS)
Upon learning of the fire, Julio Locon, Jr. left
Crocker Amazon Park and returned to San
Bruno but did not go any further into the
Crestmoor neighborhood than the corner of
Fairmont and Claremont, about one block
south of Sneath Lane, where he found his
Upon learning of the fire, Julio Locon, Jr. left
Crocker Amazon Park and returned to San
Bruno but did not go any further'into the
Crestmoor neighborhood than the corner of
Fairmont and Claremont, about one block
south of Sneath Lane, where he found his
parents.
parents.
Julio Locon, Jr. Deposition, Rough Transcript,
29:1-7; 31:4-22; 35:10-12; 52:9-25; 54:4-25;
60:10-24; 76:5-9, Ex. 25 to Gough Declaration.
Julio Locon, Jr. Deposition, 33:10-16; 35:1336:6; 39:23-25; 57:7-24; 59:5-60:3; 65:1766:6; 81:24-82:3, Ex. 25 to Bieniek
Declaration.
Julio Locon, Jr. did not suffer physical injury.
Julio Locon, Jr. did not suffer physical injury.
Julio Locon, Jr. Deposition, Rough Transcript,
79:19-23, Ex. 25 to Gough Declaration.
Julio Locon, Jr. Deposition, 85:16-20, Ex. 25
to Bieniek Declaration.
Julio Locon, Jr. saw
of his mother.
Julio Locon, Jr. saw a therapist at the request
of his mother.
Julio Locon, Jr. Deposition, Rough Transcript,
100:3-6; 101:10-102:10; 103:6-17; 112:17-24,
Ex. 25 to Gough Declaration.
Julio Locon, Jr. Deposition, 106:16-19;
107:25-108:25; 109:21- 110:10; 119:16- 23,
Ex. 25 to Bieniek Declaration.
3
4
53
10
11
12
13
14
15
16
54
a
therapist at the request
17
18
19
20
21
22
23
4.
deposition
Attached hereto as Exhibit 26 are true and correct copies
of plaintiffAdam Tafralis. At the time this motion
of excerpts from the
was filed, a certified deposition
transcript was unavailable. Exhibit 26 is intended to replace Exhibit 26 previously submitted
and referenced to in the Declaration
of Gayle L. Gough, filed on April 6,
2012. Below is a chart
outlining page and line differences in citation between the rough transcript previously submitted
and the certified transcript submitted herewith.
24
25
26
27
28
SF/3017103 v i
2
DECLARATION OF LAURA ELLIS BIENIEK IN SUPPORT OF DEFENDANTS'OTION FOR SUMMARY
ADJUDICATIONOF NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS AND EVIDENCE IN
SUPPORT THEREOF
MOVING PARTY'S UNDISPUTED
MATERIALFACTS AND SUPPORTING
EVIDENCE (SUBMITTED ON 4/6/2012)
MOVING PARTY'S UNDISPUTED
MATERIALFACTS AND SUPPORTING
EVIDENCE (REVISED WITH
CERTIFIED TRANSCRIPT CITATIONS)
At the time of the incident, Adam Tafralis was
At the time of the incident, Adam Tafralis was
in Ontario, Canada; he was not present when
the pipeline ruptured.
in Ontario, Canada; he was not present when
the pipeline ruptured.
Adam Tafralis Fact Sheet, p. 2, $ II.H, Ex. 41
to Gough Declaration.
Adam Tafralis Fact Sheet, p. 2, $ II.H, Ex.
to Gough Declaration.
Adam Tafralis Deposition, Rough Transcript,
10:2-10:5, Ex. 26 to Gough Declaration.
Adam Tafralis Deposition, 8:2-8:5, Ex. 26 to
Bien iek Declaration.
10
Adam Tafralis did not suffer physical injury
nor does he have any physical limitations due
to the fire.
Adam Tafralis did not suffer physical injury
nor does he have any physical limitations due
to the fire.
12
Adam Tafralis Fact Sheet, p. 5, $ III.B, Ex. 41
to Gough Declaration.
Adam Tafralis Fact Sheet, p. 5, $ III.B, Ex. 41
to Gough Declaration.
Adam Tafralis Deposition, Rough Transcript,
97:8-97:11; 104:11-104:13, Ex. 26 to Gough
Declaration.
Adam Tafralis Deposition, 96:5- 8; 104:11104:13, Ex. 26 to Bieniek Declaration.
a day and a
Adam Tafralis did not arrive in San Bruno until
half after the incident.
Adam Tafralis did not arrive in San Bruno
until a day and a half after the incident.
Adam Tafralis Deposition, Rough Transcript,
39:13- 39:17, Ex. 26 to Gough Declaration.
Adam Tafralis Deposition, 37:13- 37:17, Ex.
26 to Bieniek Declaration.
84
9
13
14
85
41
16
17
18
19
5.
deposition
Attached hereto as Exhibit 27 are true and correct copies
of plaintiffCarlene
of excerpts of the
Vasquez. At the time this motion was filed, a certified deposition
transcript was unavailable. Exhibit 27 is intended to replace Exhibit 27 previously submitted
and referenced to in the Declaration
of Gayle L. Gough, filed on April 6, 2012. Below is a chart
outlining page and line differences in citation between the rough transcript previously submitted
and the certified transcript submitted herewith.
25
26
27
28
SF/3017 i 03v I
3
DECLARATION OF LAURA ELLIS BIENIEK IN SUPPORT OF DEFENDANTS'OTION FOR SUMMARY
ADJUDICATIONOF NEGLIGENT INFLICTIONOF EMOTIONALDISTRESS AND EVIDENCE IN
SUPPORT THEREOF
MOVING PARTY'S UNDISPUTED
MATERIALFACTS AND SUPPORTING
EVIDENCE (SUBMITTED ON 4/6/2012)
MOVING PARTY'S UNDISPUTED
MATERIALFACTS AND SUPPORTING
EVIDENCE (REVISED WITH
CERTIFIED TRANSCRIPT CITATIONS)
Carlene Vasquez was at the San Bruno Senior
Center, 1555 Crystal Springs Road, San Bruno,
with her friends when the pipeline ruptured.
Carlene Vasquez was at the San Bruno Senior
Center, 1555 Crystal Springs Road, San
Bruno, with her friends when the pipeline
ruptured.
Carlene Vasquez Fact Sheet, p. 2, $ II.H, Ex.
43 to Gough Declaration.
Carlene Vasquez Deposition, Rough
Transcript, 82:1-82:7, Ex. 27 to Gough
Declaration.
10
12
Carlene Vasquez Fact Sheet, p. 2, tt II.H, Ex.
43 to Gough Declaration.
Carlene Vasquez Deposition, 87:25- 88:6, Ex.
27 to Bieniek Declaration.
Carlene Vasquez heard about the incident on
the television at the Senior Center.
Carlene Vasquez heard about the incident on
the television at the Senior Center.
Carlene Vasquez Deposition, Rough
Transcript, 26:13-26:23, Ex. 27 to Gough
Declaration.
Carlene Vasquez Deposition, 30:5- 30:15, Ex.
27 to Bieniek Declaration.
Carlene Vasquez did not suffer physical injury
nor does she anticipate any future physical
injury as a result of the incident.
Carlene Vasquez did not suffer physical injury
nor does she anticipate any future physical
injury as a result of the incident.
Carlene Vasquez Fact Sheet, p. 7, $ III.B, Ex.
43 to Gough Declaration.
Carlene Vasquez Fact Sheet, p. 7, $
43 to Gough Declaration.
Carlene Vasquez Deposition, Rough
Transcript, 83:3-83:17, Ex. 27 to Gough
Declaration.
Carlene Vasquez Deposition, 89:3-89:18, Ex.
27 to Bieniek Declaration.
The first time Carlene Vasquez returned to the
Crestmoor neighborhood was not until four
days after the incident.
The first time Carlene Vasquez returned to the
Crestmoor neighborhood was not until four
days after the incident.
Carlene Vasquez Deposition, Rough
Transcript, 78:8- 78:15, Ex. 27 to Gough
Declaration.
Carlene Vasquez Deposition, 84:5-84:12,
Ex.27 to Bieniek Declaration.
13
14
15
17
18
19
20
III.B, Ex.
21
22
23
24
25
26
27
28
SF/30l7103vl
4
DECLARATION OF LAURA ELLIS BIENIEK IN SUPPORT OF DEFENDANTS'OTION FOR SUMMARY
ADJUDICATIONOF NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS AND EVIDENCE IN
SUPPORT THEREOF
I declare under penalty
1
2
3
.
of perjury under
the laws
of the
state
of California that
the
foregoing is true and correct. Executed this27th day of September, 2012 in San Francisco,
California.
kiL4
Laura Ellis Bieniek
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SF/3017 03v I
1
5
DECLARATION OF LAURA ELLIS BIENIEK IN SUPPORT OF DEFENDANTS'OTION FOR SUMMARY
ADJUDICATIONOF NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS AND EVIDENCE IN
SUPPORT THEREOF
EXHIBIT25
IN THE SUPERIOR
IN AND
COURT OF THE STATE OF
CALIFORNIA
FOR THE COUNTY OF SAN MATEO
---oOo--4
Coordination Proceeding Special
Title
(Rule 3.550)
PG&E "SAN BRUNO
7
8
CASES
CASE NO.
499864
)
)
)
)
BULLIS and WILLIAM BULLIS,
)
)
Plaintiffs,
vs.
)
)
of the Estates of
10
)
Tort Actions
)
BULLIS, individually;
BULLIS, as heir of GREGORY
BULLIS and WILLIAM BULLIS,
deceased; and SUSAN BULLIS, as
GREGORY
CCP NO.
)
SUSAN
SUSAN
representative
9
FIRE"
4648
)
)
)
)
PACIFIC
12
13
GAS
&
ELECTRIC COMPANY,
)
corporation; PG&E CORPORATION, a
corporation; and DOES 1 through 50,
inclusive,
a
Defendants.
)
)
)
)
)
15
VIDEOTAPED DEPOSITION OF JULIO JOSE LOCON, JR.
April
Wednesday,
17
4, 2012
18
19
REPORTED BY:
20
SANDRA
L. CARRANZA,
CRR,
RPR,
UCCELLI
&
CSR
7062
21
22
ASSOCIATES
Certified Shorthand Reporters
Mission Road
Francisco, California 94080
Tel: 650.952.0774
1243
23
24
South San
650.952.8688
Valley: 408.725.1122
Fax:
Silicon
25
Email:
www.uccellireporting.corn
Reporters8uccellireporting.corn
JULIO JOSE
BE
IT
commencing
LOCONg
JR
04 04 20 1 2
that, on Wednesday, April 4,
at the hour of 9:56 A.M. thereof, and
REMEMBERED
2
2012,
3
pursuant to Notice of Taking Deposition, at the
4
Offices of
5
San
6
CARRANZA, a
7
SEDGWICK, LLP, 333 Bush
Francisco, California, before
Street, 30th loor,
me,
SANDRA
Certified Shorthand Reporter in
State of California, personally appeared
JUL'IO JOSE LOCON,
Law
L.
and
for the
JR.,
10
11
called
12
been
13
interrogated
witness by the Defendants; who, having
as a
first
duly sworn,
as
was
thereupon examined and
hereinafter set forth.
---oOo---
15
16
17
18
19
20
21
22
23
25
408.275.1122
Uccelli
&
Associates
650.952.0774
04-04-2012
JULIO JOSE LOCON, JR.
1
correct?
I got
A.
When
Q.
From school
4
that correct?
5
A.
And my
6
Q.
So when you
home?
after your
brother, Eric.
arrived
September
9, 2010,
8
home were
your parents and
A.
Yes.
10
Q.
After
11
up Jesse,
you and
did you
picked you up.
Yes.
home
from school on
go
your'rother Eric, correct?
Eric got in the car
and
picked
straight to the park?
12
A.
Yes.
13
Q.
Did you make any other stops along the way?
A.
No.
Q.
About what time do you
15
16
recall getting to
Crocker Amazon Park?
17
A.
4:00.
18
Q.
Did you guys bring anything with you to the
20
A.
No,
21
Q.
As
19
22
Is
the only individuals present in your
7
9
mom
park?
up
just the soccer ball
and
water.
of September 2010, did you frequently meet
at Crocker
Amazon Park
to play soccer?
23
A;
Yes.
24
Q.
About how often did you do that?
25
A.
Three times
408.275.1122
a
week,
Uccelli
&
basically.
Associates
650.952.0774
29
04-04-2012
JULIO JOSE LOCON, JR.
1
usually
A.
need
to participate in
game?
No.
Okay.
4
pick-up
a
did Minor Junior
What
do
while you were
playing soccer?
5
A.
He was
Q
Is
~
playing with us.
he good?
Yeah.
.
10
long did you play soccer?
Q.
How
A.
About an hour.
Q.
So
approximately 5:00 p.m. to approximately
11
6:00 p.m. you played pick-up soccer at Crocker Amazon
12
park, correct?
A.
Yes.
Q.
What
A.
Received
17
Q.
Minor Senior received
18
A.
Yes.
19
Q.
On
20
A.
Yes.
21
Q.
Do
you know who
22
A.
My
grandmother.
23
Q.
Where does
A.
Daly City.
Q.
Is that where she lived
13
15
16
25
did you
a
do
at about 6:00 p.m.?
call.
My
oldest brother received
a
call.
his cell
408.275.1122
a
call?
phone?
called
him?
your grandmother live?
Uccelli
&
as
of September
Associates
2010?
650.952.0774
33
JULIO JOSE LOCON, JR.
Q.
2
had
So
Minor Senior
first,
called
A.
Yes.
4
Q.
And what
that your grandmother
did
the substance
he say about
Did your brother say whether he got any useful
information from your grandmother?
9
A.
No.
10
Q.
Did you see your brother receive
11
A.
No.
13
Q.
So
did your brother take
A.
Yes.
16
Q.
And
17
he'd received
18
A.
Yes.
19
Q.
And he
20
grandmother,
21
A.
Yes.
22
Q.
That he couldn't
25
phone
call
a
break from playing
soccer to go answer his phone?
15
23
a
from your mother?
12
14
of
that conversation?
He couldn't understand her.
A.
Q.
8
you
correct?
3
5
told
04-04-2012
was
then
a
after that
he came back and
couple of phone
told
told
you
calls; is that correct?
you he spoke
with your
correct?
really understand
what she
saying, correct?
A.
Yes.
Q.
And then he
408.275.1122
subsequently received another
Uccelli
&
Associates
call
650.952.0774
35
JULIO JOSE'LOCON.
1
4
A.
Yes.
Q.
And what
did
he say your mother
A.
my
That the house was on
Q.
Did your brother
A.
No.
Q.
Had you
you received the phone
12
Q.
Where were you
your brother when he
A.
I
was
already over.
16
Q.
Were you
17
A.
Yes.
18
Q.
And so
go home;
Yes.
21
Q.
And your
22
parking lot?
25
Q.
game?
left
to
go
take the phone call?
away from him.
The game was
in the parking lot?
ready
is that correct?
A.
'.
interrupt the soccer
you'e in the parking lot getting
20
24
couldn't fin'd
standing in relationship to
pretty far
15
23
She
call?
Yes.
to
fire.
stopped playing soccer at the point
A.
19
if
him,
dad.
11
13
told
anything?
7
10
04-04-2012
from your mother?
5
6
JR.
brother
comes
over to you in the
Yes.
About how
far
away was
his car parked from
yours?
408.275.1122
'ccelli
&
Associates
650.952.0774
36
04-04-2012
JULIO JOSE LOCON, JR.
Q.
2
to believe him.
A.
3
4
going on.
said earlier you didn't
And you
Why
I don't
did you say that?
know.
-- I didn't
Just
cell
Did you have your
A.
Yes.
Q.
Had you,
A.
No.
Q.
Did you
A.
Yes.
Q.
Who
12
A.
My
13
Q.
And
did you try
and
call
still in
the parking
lot
or at
14
were
try
and
call
anybody?
your father when you
some
later point?
driving to the -- to the house.
after your brother Minor Senior told you
16
Q.
So
17
that he'd
18
the parking lot?
spoke
with your
19
A.
Yes.
20
Q.
And what
mom,
did you
did you immediately leave
with Jesse?
do
Did you drop
off?
22
A.
He was
23
Q.
,So
25
you?
dad.
When we were
24
with
did you try to call?
A.
him
phone
received any phone calls?
15
21
know what was
Like
Q.
10
know whether
in the car.
you and Jesse
He was
and
with us.
Eric started driving
towards your home, correct?
A.
Yes.
408.275.1122
Uccelli
&
Associates
650.952.0774
39
04-04-2012
JULIO JOSE LOCON, JR.
1
Skyline?
THE WITNESS:
Yeah,
MR. DOWLING:
Okay.
yeah.
this Exhibit
(Whereupon, Defendants'xhibit 10018
was marked for identification.)
MS. MEDEARIS: Q.
Sir, what I have done is I
marked as an exhibit, Exhibit 10,108, a Google map
MS. MEDEARIS:
Mark
8
have
9
of the Crestmoor neighborhood.
10
going to put
am
that in front of you.
that to represent the
you recognize
Do
12
I
Okay.
Crestmoor neighborhood?
13
A.
Yes.
Q.
Do
you have a pen,
What
15
I'd like
sir?
to
you
do
is
mark on the map the
16
approximate location of where you parked the vehicle
17
with
18
can see
an X.
circle
Can you draw a
it a little bit
easier?
I'd like
19
And then
20
approximate location of your
21
know where
X
so we
Perfect.
to mark with
home on
the map,
an
H
the
if you
that is.
And
22
you
around that
you'e put the
H
near the
23
that correct?
24
A.
Yes.
25
Q.
Can you draw a box around
408.275.1122
Uccelli
&
the
Associates
A on
the map; is
H?
650.952.0774
57
JULIO JOSE LOCON, JR.
2
3
A.
Yes.
Q.
Okay.
can't continue
5
No.
Q.
Okay.
7
believe.
A.
10, 018.
Q.
10, 018.
A.
Yes.
13
Q.
And
that represents
A.
Yes.
16
Q.
And then
at
where you parked the car,
you'e also
Sneath Lane towards Claremont;
18
A.
Yes.
19
Q.
That represents
brother Eric took
21
A.
Yes.
22
Q.
What
23
an X
correct?
15
20
Exhibit 10,018
approximately Sequoia Street; is that correct?
12
17
as
still have
in front of
Exhibit 1,018 [sic], I
you
And you marked on
10
14
I believe
what's been marked
you
11
Is there any reason you feel that you
and give your best testimony?
A.
6
04-04-2012
on
drawn some arrows down
is that correct?
the path that you and your
foot, correct?
did you
do when you
got to Claremont
Drive?
24
A.
I
25
Q.
You saw
seen my
408.275.1122
father.
your father when you were on Sneath
Uccelli
&
Associates
650.952.0774
59
JULIO JOSE LOCON, JR.
1
Lane
at approximately Claremont?
2
A.
3
Sneath Lane.
4
Q.
5
7
Yes,
right at the corner of
What was your
He
Q.
What was your
He was
12.
Q.
Was
13
A.
No.
Q.
How
burned
of Claremont
and Sneath?
standing waiting for somebody to show
up.
anyone else
him?
father'
at that time?
appearance
worried, burned.
A.
Scared,
17
Q.
What burns
18
A.
I
barefoot.
with
would you describe your
16
did you
seen a burn on
see on your
father,
his face, his hand.
if any?
He was
Bleeding.'burns on his face and hand?
20
Q.
So you saw
21
A.
Yes.
22
Q.
Did you see any other burns?
23
A.
No.
24
Q.
You
25
all
father doing at the time that
you saw him on the corner
He was
19
fire.
from the
escaped
A.
A.
15
father doing at the corner of
up.
10
11
Claremont and
Claremont and Sneath Lane?
8
9
04-04-2012
And
said
his back.
he was
bleeding.
Where
did you
see
bleeding?
408.275.1122
Uccelli
&
Associates
650.952.0774
60
04-04-2012
JULIO JOSE LOCON, JR.
1
6
to reach your
go
A.
Yes.
Q.
And you were
A.
Yes.
Q.
And
after
look for your
7
A.
Yes.
8
Q.
Okay.
9
your
11
well with your father?
as
about ten minutes you
to
them
mom?
And where
did you start looking for
The same
street,
When you
say "the same
I
and
seen her from a
Q.
looking for her
street,"
I
A.
No, on Claremont because
15
Q.
Did you go down Claremont?
16
A.
Yes.
Q.
So
was
at the corner.
after approximately ten minutes of waiting
18
at the corner of Sneath
19
down Claremont
A.
Yes.
21
Q.
About how
22
travel?
23
A.
A
Q.
And when
a
block, you
far
you decided
and Claremont,
to look for your
20
about
you were
on Sneath?
14
25
left
distance.
12
13
there
do so?
mom?
A.
10
but wasn't able to
mom
mom;
to
go
is that correct?
down Claremont
Street did you
block.
408.275.1122
.
you'd gone
saw
your
Uccelli
down Claremont
Street
mom?
&
Associates
650.952.0774
65
04-04-2012
JULIO JOSE LOCON, JR.
4
5
A.
Yes.
Q.
And where was your mom when you saw her?
A.
The
Q.
So
11
12
13
your
mom was
at the corner of Fairmont and
Claremont?
A.
Yes.
Q.
What was your mom doing when you saw her?
A.
Standing there, hopeless.
'.
Q.
10
corner of the street of Fairmont Drive.
far
About how
away was she from you when you
spotted her?
A.
A
block away.
did you call out to her, or did you run
And
over to h'er?
15
A.
I called
Q.
So
and
it was
I ran over there, too.
your impression that your
mom was
16
standing there at the corner and had been waiting there?
17
She
wasn't walking towards you or anything?
looked
18
A;
She
19
Q.
Okay.
lost.
your
So you saw
mom
at the corner of
20
Fairmont and Claremont and you called out to her and
21
walked over?
22
A.
Yeah.
23
Q.
And
24
25
where
did you
did you meet
A.
I ran
408.275.1122
up
up
meet her
there at the corner or
with her?
to her at the corner.
Uccelli
&
Associates
I told
her--
650.952.0774
66
04-04-2012
JULIO JOSE LOCON, JR.
2
vicinity of Earl
gesturing in the
You are
Q.
Glenview, correct?
A.
Yes.
Q.
Would you draw a
circle in the street
5
the area where you understand the pipeline to be
6
located?
9
A.
It's right
here.
Q.
Okay.
you'e circled the
And
A.
Yes.
11
Q.
So you
of the pipeline
as
A.
Yes.
14
Q.
Can you
well
as from homes?
describe anything else that you recall
Just flames, very high,
I heard explosions; I
burning.
a
lot of
felt
houses
into
any
of the
homes?
20
A.
No.
21
Q.
'Did you ever make any attempts
22
to your
home?
23
A.
No.
24
Q.
So
25
smoke,
the heat.
Did you make any attempt to go
18
19
of
seeing?
16
17
word "Glen"
recall seeing flames from the vicinity
13
15
about
Glenview, correct?
10
12
and
September
is
it fair to
9, 2010,
408.275.1122
you
say
did not
Uccelli
&
that
on
go any
Associates
to get closer
the night of
further
down
into
650.952.0774
JULIO JOSE LOCON, JR.
04-04-2012
1
the neighborhood from the corner of Fairmont and
2
Claremont; is that correct?
3
A.
Yes.
4
Q.
,So
5
6
9
10
going back to when you and Jesse were
exiting onto Skyline
A.
Yes.
Q.
--
A.
Kaiser South City.
Q.
Was
which hospital did you drive to?
there any
Yes.
12
Q.
Can you
13
A.
A
No way
along Skyline Boulevard
to leave?
as you went
A.
14
traffic
describe the
lot of traffic.
traffic for
It
Packed.
me?
was
to get through.
15
Q.
Was
that going in both directions
16
A.
No.
This way on Skyline, going
17
very slow.
on
this
Skyline?
way,
towards San Bruno Avenue.
18
MR.
19
THE WITNESS:
20
MS. MEDEARIS:
DOWLING:
that's going
So
south?
Yes.
So you
Q.
recall there
was
21
traffic in
the southern direction down Skyline towards
22
San Bruno;
is that correct?
23
25
A.
Yes.
Q.
Was
there
traffic
heading in the north
direction along Skyline?
408.275.1122
Uccelli
&
Associates
650.952.0774
82
04-04-2012
JULIO JOSE LOCON, JR.
Q.
Did he relay any other information to you?
A.
He
reached Minor.
I'm sorry.
THE REPORTER:
THE WITNESS:
MS. MEDEARIS:
6
he was
able to get
a
reached Minor.
He
Your
Q.
He
called.
brother Eric indicated
hold of your brother
A.
Yes.
Q.
--
A.
Yes.
Q.
How
A.
A
12
Q.
Did you wait
13
A.
Yes.
Q.
For the
15
A.
Yes.
16
Q.
Did you make any attempt to have any medical
10
17
Minor Senior?
long were you at the hospital?
long time:
A.
No.
19
Q.
And
20
A.
Yes.
21
Q.
At
23
25
three hours.
in the waiting area?
entire
time'?
treatment provided to you?
18
22
two hours,
that's
some
b'ecause
point, did
you were okay?
anyone else from your
family arrive at the hospital?
brother Minor.
A.
My
Q.
Did anyone else
arrive beside from your
brother Minor?
408.275.1122
Uccelli
&
Associates
650.952.0774
85
JULIO JOSE LOCON, JR.
1
fixed
it,
by cleaning
A.
Yes.
Q.
You have
correct?
also stated that you sought
4
medical treatment because
5
correct?
7
8
Yes.
Q.
Did you ever seek any treatment
for
A.
Yes.
Q.
Okay.
any
psychological issue?
a
I don't
13
Q.
And when
that
mean
15
A.
Like therapy.
16
Q.
Okay.
17
A.
Yes.
18
Q.
Do
19
A.
Like
20
Q.
Okay.
does
to
you
a
A.
Yes.
23
Q.
Do
but I went once.
know when,
I say "psychological issue," what
you?
So you
recall seeing
recall
when
month
And
from physical issues.
22
that
issues,
a
therapist
once?
was?
after.
I'm separating out mental issues
Correct?
you understand
that?
Okay.
But you sought no treatment
24
25
for
recall seeking treatment
When do you
A.
21
is that
you were okay;
A.
12
14
no
psychological issue?
10
11
04-04-2012
for physical
correct?
408.275.1122
Uccelli
&
Associates
650.952.0774
106
04-04-2012
JULIO JOSE LOCON, JR.
4
A.
No.
Q.
Okay.
A.
Yes.
Q.
And you sought no
Is that correct?
5
issues because
6
physical injuries?
you
8
speculation
didn't believe
DOWLING:
MR.
as
treatment for any physical
you sustained
Objection.
any
Calls for
to "physical injury."
But you can answer the question
MS. MEDEARIS:
10
11
12
A.
MS. MEDEARIS:
16
(Record read.)
17
MS. MEDEARIS:
DOWLING:
18
A.
Yes.
19
Q.
So
24
And
will read
A.
he answered
it.
That's correct?
approximately one month after the incident
of
-- strike that.
after the incident
mental health treatment; is that correct?
Approximately
sought
I think
Q.
you sought someone because
21
23
court reporter
the question back.
MR.
22
The
Yes.
15
20
You want
reread?
13
14
the question
Q.
a
month
you
Yes.
MR.
DOWLING:
That's okay.
MS. MEDEARIS:
408.275.1122
Uccelli
Q.
&
And what caused
Associates
you
to seek
650.952.0774
107
JULIO JOSE LOCON,
1
4
JR'.'4-04-2012
treatment?
A.
My mom
Q.
So
asked
your
mom
me
to
wanted you to seek mental health
treatment; is that correct?
5
A.
Yes.
6
Q.
Did you believe that you needed to seek mental
7
9
10
12
13
health treatment?
A.
No.
Q.
And why
to seek mental health treatment?
A.
Because
Q.
You
it was
felt that
mainly
my
parents.
you were okay, but your
mom was
seeking treatment?
14
A.
Yes.
15
Q.
Okay.
16
did you believe that you did not need
treatment
as
And so your mom encouraged
to seek
well?
17
A.
Yes.
18
Q.
And you had one
19
A.
Yes.
20
Q.
Did you go to appease
21
A.
Hm-mm?
22
Q.
Did you go because
23
A.
Yes.
24
Q.
But not because
25
A.
Yeah.
408.275.1122
you
Uccelli
visit?
your
you
&
your
felt
mom
mom?
wanted you to?
you needed
Associates
to?
650.952.0774
108
04-04-2012
JULIO JOSE LOCON, JR.
did this
visit
one
Q.
Where
A.
In
Q.
Where
A.
Kaiser, I think.
Q.
Do
take place?
San Bruno.
in
San Bruno?
recall about
you
Thirty minutes.
And do you recall
Q.
the hospital in San Bruno?
how
long the
visit
lasted?
A.
8
It
who you saw when you
female, though.
A.
No.
Q.
Do
A.
Yes.
12
Q.
You
13
A.
No.
Q.
Do
15
A.
Twenty-eight, I guess.
16
Q.
She was younger?
17
A.
Yes.
18
Q.
During that 30-minute
10
19.
you know
if she
was a
don't recall her
you
psychologist?
name?
recall her approximate
visit,
A.
Yes.
21
Q.
Okay.
visit,
did
And
do you
recall her
at the conclusion of that 30-minute
she recommend
that
you come back?
23
A.
No.
24
Q.
Did you have any conversations
25
age?
taking any notes?
20
22
was a
visited
with her about
continuing treatment?
408.275.1122
Uccelli
&
Associates
650.952.0774
109
JULIO JOSE LOCON, JR.
A.
No.
Q.
And why not?
A.
I didn't
need
it.
I'm sorry?
BY THE REPORTER:
THE WITNESS:
I didn't
NS. MEDEARIS:
7
approximately
8
San Bruno,
9
mental issue?
10
a
No.
Q.
Okay.
12
any conversations
13
firefighters in
15
16
Q.
need
it.
Aside from the one
visit
after the incident at Kaiser in
sought any other treatment for any
month
have you
A.
04-04-2012
Following the incident, did you have
with any police officers or
the area?
A.
No.
Q.
Did you have any conversations
with any
emergency personnel?
17
A.
No.
18
Q.
Following the incident, did you have any
19
conversations with any of your neighbors about what had
20
transpired?
21
A.
No.
22
Q.
How many
23
neighborhood
-- strike that.
How many
25
2791 Concord Way
408.275.1122
times did you return to the
times did you return to your
home
following the incident in
Uccelli
&
Associates
650.952.0774
at
04-04-2012
JULIO JOSE LOCON, JR.
2
taken.)
We'e back
THE VIDEOGRAPHER:
5
12:58 p.m.
6
Please
in the deposition of
A.
Yes
Q.
And
a
A.
No.
13
Q.
What do you
14
photographs?
15
A.
Deleted them.
16
Q.
Okay.
cell
phone,
a
correct?
believe happened to those
Mr. Locon, you stated
that
you received
session of treatment at Kaiser at your mother'
17
one
18
insistence,
correct?
19
A.
Yes.
20
Q.
And you
because
22
emotional distress,
you
A.
did not seek any further treatment
did not believe
21
you had
sustained any
correct?
Yes
MR.
25
just took
few minutes ago?
12
23
Locon, Junior.
did you find any of the photographs that
had discussed
we
Julio
Mr. Locon, we
Q.
break and you looked at your
10
Mr.
the record at
on
continue.
MS. MEDEARIS:
11
the record at
12:56 p.m.
(Recess
8
off
Going
THE VIDEOGRAPHER:
DOWLING:
Objection.
That misstates
the
testimony.
408.275.1122
Uccelli
&
Associates
650.952.0774
04-04-2012
JULIO JOSE LOCON, JR.
REPORTER CERTIFICATE
I hereby certify that the witness to the
3
foregoing deposition,was by
4
the
me
duly sworn to
testify to
5
truth, the whole truth, and nothing but the truth in
the within-entitled cause; that said deposition was
6
taken at the time and place herein named; that the
7
deposition is
8
as
9
certified
true record of the witness's testimony
a
reported to the best of
my
ability
by me, a .duly
11
disinterested person,
and was thereafter transcribed under my direction into
typewriting by computer; that the witness was given an
12
opportunity to read
13
subscribe the
14
not be affixed to the deposition, the witness shall not
15
have
16
sign or the signature has been waived.
10
shorthand reporter and
same.
and
a
correct said deposition
and
to
Should the signature of the witness
availed himself or herself of the opportunity to
18
the outcome
I further certify that I am not interested in
of said action, nor connected with, nor
19
related to
any
20
their respective counsel.
17
IN WITNESS WHEREOF,
21
22
of the parties in said action, nor to
hand
this April
I
have hereunto set my
6, 2012
23
24
25
SANDRA
408.275.1122
L. CARRANZA,
Uccelli
&
CSR
No. 706)
Associates
650.952.0774
133
I
rx
~<
IN THE SUPERIOR COURT
IN
4
6
7
8
9
OF
TH/ STATE
OF
CALIFORNIA
AND FOR THE COUNTY OF SAN MATEO
Coordination Proceeding Special
Title
(Rule 3.550)
FIRE"
PG&E "SAN BRUNO
JCCP NO.
CASES
BULLIS, individually; SUSAN
BULLIS, as heir of GREGORY BULLIS
and WILLIAM BULLIS, deceased; and
SUSAN BULLIS, as representative
of the Estates of GREGORY BULLIS
and WILLIAM BULLIS,
Case No. 499864
SUSAN
10
4648,
Tort Actions
Plainti ffs,
VS.
12
PACIFIC
13
14
15
GAS
&
ELECTRIC COMPANY, a
corporation; PG&E CORPORATION, a
corporation; and DOES 1 through
50, inclusive,
Defendants.
16
17
VIDEOTAPED DEPOSITION OF
18
19
20
ADAM
April
Wednesday,
Reported by:
TAFRALIS
4, 2012
Chayo Ayon, CSR
R.
¹ 12372
21
UCCELLI
&
ASSOCIATES
22
Certified
23
South San Francisco,
1243
25
Shorthand Reporters
Mission
Road
CA
94080
www.uccellireporting.corn
E-mail: Reporters8uccellireporting.corn
Fax: 650.952.8688
Tel: 650.952.0774
Silicon Valley: 408.275.1122
ADAM
TAFRALIS
Robert Crockett
MR. CROCKETT:
2
Gas
Gas
Patricia Eberwine for Pacific
Electric.
&
Thank you.
THE VIDEOGRAPHER:
5
Our
7
for Pacific
Electric.
&
MS. EBERWINE:
4
04-04-2012
Uccelli
court reporter today is
of
Associates.
&
If you
10
Chayo Ayon
IT
BE
could please swear in the witness.
that, pursuant to Notice of
REMEMBERED
11
Taking Deposition, and on Wednesday,
12
before
13
Reporter, there personally appeared
R. CHAYO AYON, a
me,
April
4, 2012,
Certified Shorthand
14
15
ADAM
16
called
17
been by
18
testified
witness by the Defendants and who, having
as a
me
TAFRALIS,
duly sworn,
as
was
thereupon examined and
hereinafter set forth.
19
20
21
EXAMINATION
BY MR. CROCKETT:
22
Q.
Let
me
ask your name,
23
wants to say something.
24
right in front,
25
him.
408.275.1122
and then
and then your counsel
I'l just
I'l turn
So
Uccelli
get
some
&
Associates
some
basics
time over to
650.952.0774
ADAM
10
A.
No.
Q.
Where were you on September
A.
I
Q.
What were you doing
A.
I
Q.
And what was your
A.
I
Q.
And
the
A.
The
Hamilton Tiger-Cats.
Q.
And
A.
12
was
was
in Ontario,
9, 2010?
Canada.
there?
playing football in the
CFL.
role?
quarterback on the team.
was a
name
of the
team'?
that year?
That year, I played in some.
I didn't start
did you play any
games
any.
13
14
04-04-2012
TAFRALIS
Q.
the team
A.
15
I -- I looked for your statistics on
Website, and I didn't see any stats for you.
Because
Yeah.
--
So
I
-- it's
little different
a
up
18
there's only three downs, they
do a short-yardage thing.
So I'm sure you saw some
short gains. Like a one-yard-per-game type of deal,
19
where they
16
17
there.
You
because
bring
20
Q.
Uh-huh.
21
A.
Get a
you
backup quarterback
23
but then I
24
PATs.
25
Q.
first
that would
down.
down.
do some
also the holder for
You were
408.275.1122
third
on a
short-yard
22
was
in
So
I
was a
short yardage,
all field
goals and
with the Hamilton Tiger-Cats?
Uccelli
&
Associates
650.952.0774
TAFRALIS
ADAM
04-04-2012
3
-- this is -- I'm
talking about when I went back after the fire, and I
spent that month finishing the season, was -- it was
4
just I'm just trying to
1
2
what
--
10
my
up
make
it through.
A.
Q.
Well,
A.
No.
Q.
Have you
A.
I'e
foot,
12
I went back
when
physically injured?
Football or outside of football?
Q.
5
11
I
Q.
Have you ever been
let's start with
ever broken any bones?
broken one bone in high school and
I broke
and
outside of football.
thumb
a
--
Have you been
-- in
in football in college.
ever been hospitalized other
18
relating to broken bones?
A. This last -- I was -- I was hospitalized a
month ago for severe flu and dehydration.
Other than
that, I'e never -- I'e never been sick a day in -- I
remember we were talking about that when I went to the
hospital. I'e never been sick a day in my life.
19
Never had to
20
besides poison oak as
13
14
15
16
17
21
22
23
25
than
Q.
San Jose
Do
--
I'e
you stay
never had to go to
a
a
doctor
kid.
in touch with
teammates
from
State?
A.
Yes.
Q.
Have you ever been
A.
No.
408.275.1122
Uccelli
married before?
&
Associates
650.952.0774
96
ADAM
of your --
Any
Q.
TAFRALIS
sister or your parents
3
kind of drinking problem?
have
A.
No.
Q.
Have
A.
No.
Q.
Your
sister?
A.
No.
Drug problem,
Q.
Are they
10
A.
Yes.
11
Q.
Do
12
16
that
that
17
18
A.
No.
Q.
Do
church-going people?
physical limitations that you
No
physical limitations.
limitations?
you have mental
to
be
A.
Yes.
Yes,
Anything related to
several
21
me was
22
my gram was
his '78
--
my
--
several things.
I'm not
my home,
I don't have
you passed,
Something
able to do you no longer can do
attribute to the fire?
told
25
all
no.
you
20
24
have they ever had any
they ever had any kind of drug problems?
you have any
you used
19
23
--
does your
attribute to the fire?
13
15
either your --
does
2
04-04-2012
my
--
I can't do.
grandfather,
who
I just
the one thing that he passed down to
Chevy Stepside
that
he had when
my--
alive. That was the one item I was ever
given, and that was in front of our house. I don'
have that. My parents, for a graduation present,
painted it for me. So it was a big surprise at the
408.275.1122
Uccelli
&
Associates
650.952.0774
104
A.
2
the business.
3
business,
Q.
4
5
in
6
happened
I
No,
not use
do
I don't
All right.
Great.
the day of the
on
Q.
And who
called
A.
Alexa.
I received
Q.
And
12
A.
Yes,
13
Q.
And how soon
14
did you
were
--
call
about what
fire; correct?
you?
text
a
contact with
make a
first.
message
a
telephone
be
immediately.
did you get
on a plane
to
come
with your family?
A.
I
was on a
16
Q.
A
day and
17
A.
Yes.
18
Q.
All right.
plane in
a
a
day and
a
half.
half later?
And how
long did you stay in
San Bruno?
20
A.
I stayed in
21
Q.
It
22
A.
Yes.
23
Q.
Did you miss
A.
I flew back the day of the game.
So you didn't miss a single game?
25
you were
call?
15
19
So you
and you probably received a
Yes.
11
father to promote the
use my
A.
10
father solely to promote
my
no.
Canada,
7
04-04-2012
TAFRALIS
ADAM
Q.
was
408.275.1122
San Bruno
six to
in the middle of
a
seven days.
season?
a game?
Uccelli
&
Associates
650.952.0774
37
ADAM
I,
1
TAFRALIS
R. CHAYO AYON,
0 4-0
4-2 0 12
duly authorized to administer
2
oaths pursuant to Section 2093(b) of the California
3
Code
4
witness in the foregoing deposition
5
sworn
of Civil Procedure,
to
testify
certify that
do hereby
was by me
the
duly
within-entitled
the truth in the
8
that said deposition was taken at the time and
place therein cited; that testimony of said witness
was reported by me and thereafter transcribed under my
9
direction into typewriting; that the foregoing is
6
7
cause;
a
10
complete and accurate record of said testimony; and
11
that the witness was given an opportunity to read
correct said deposition and to subscribe the same.
12
13
and
Should the signature of the witness not be
15
affixed to the deposition, the witness shall not have
availed himself/herself of the opportunity to sign or
16
the signature has been waived.
17
18
I further certify that I am not of counsel nor
attorney for any of the parties in the foregoing
19
deposition
20
in the
21
DATED:
14
and
outcome
caption
named
of the cause
nor in any way interested
in said caption.
named
APRIL 6, 2012
22
23
R.
25
CHAYO A ON
CERTIFIED
408.275.1122
TH
SH
Uccelli
&
D
REPORTER
Associates
NO
~
12372
650.952.0774
205
EXHIBIT 27
IN THE SUPERIOR
IN AND
COURT OF THE STATE OF
CALIFORNIA
FOR THE COUNTY OF SAN MATEO
---oOo--4
Coordination Proceeding Special
Title
(Rule 3.550)
PG&E "SAN BRUNO
7
8
CASE NO.
)
)
)
)
BULLIS and WILLIAM BULLIS,
)
)
Plaintiffs,
vs.
)
)
of the Estates of
10
)
Tort Actions
)
BULLIS, individually;
BULLIS, as heir of GREGORY
BULLIS and WILLIAM BULLIS,
deceased; and SUSAN BULLIS, as
GREGORY
CCP NO.
)
SUSAN
SUSAN
representative
9
FIRE" CASES
4648
)
)
)
)
PACIFIC
12
13
GAS
&
ELECTRIC COMPANY,
)
corporation; PG&E CORPORATION, a
corporation; and DOES 1 through 50,
inclusive,
a
Defendants.
)
)
)
14
15
)
)
VIDEOTAPED DEPOSITION OF CARLENE VASQUEZ
Thursday,
16
April
5, 2012
17
18
REPORTED BY:
19
SANDRA L
CARRANZAg CRRg
RPRg
CSR
7062
20
UCCELLI
21
Certified
1243
22
23
ASSOCIATES
Mission
Road
South San Francisco, California 94080
Tel: 650.952.0774
Fax:
650.952.8688
Silicon Valley: 408.725.1122
24
Email:
25
&
Shorthand Reporters
www.uccellireporting.corn
Reportersguccellireporting.corn
499864
CARLENE VASQUEZ
BE
IT
04-05-2012
that, on Thursday, April
at the hour of 10:03 A.M. thereof,
REMEMBERED
2
2012,
3
pursuant to Notice of Taking Deposition, at the
4
Offices of
5
San
6
CARRANZA, a
7
commencing
SEDGWICK, LLP, 333 Bush
Francisco, California, before
5,
and
Law
Street, 30th loor,
me,
SANDRA
Certified Shorthand Reporter in
State of California, personally appeared
L.
and
for the
CARLENE VASQUE Z j
10
11
called
12
been
13
interrogated
witness by the Defendants; who, having
as a
first
duly sworn,
as
was
thereupon examined and
hereinafter set forth.
14
---oOo---
15
16
17
18
19
20
21
22
23
25
408.275.1122
Uccelli
&
Associates
650.952.0774
04-05-2012
CARLENE VASQUEZ
1
Mrs. Vasquez here today.
3
with Mr. Vasquez
4
questions.
6
9
10
I
Mrs. Vasquez,
Q.
5
well.
as
questions
I'd like
A.
Okay.
Q.
Prior to
husband had been
We'l
Okay.
MS. MEDEARIS:
the issue
address
Thank you.
We
have a few kind
skip those
can
of clean-up
to address from this morning, okay?
9th, 2010, you said your
September
retired for
a
few years;
is that
correct?
12
A.
Right.
Q.
Did your husband ever have any discussions
13
with you about any desire to return to work prior to
14
September
9th, 2010?
15
A.
No.
16
Q.
Since September
to you
17
expressed
18
employment?
an
A.
No.
20
Q.
This morning
notice
22
identified therein,
23
all
and the request
documents
A.
Yes.
25
Q.
And on
408.275.1122
we
any
ever
sort of
also discussed your deposition
for
do you
documents
that
were
believe you have turned over
pertaining to
24
has your husband
interest in returning to
19
21
9, 2010,
.your
claim to counsel?
the night of September 9th, 2010, you
Uccelli
&
Associates
650.952.0774
87
CARLENE VASQUEZ
1
were not
at your
A.
Right.
Q.
You were
4
four miles
5
correct?
7
8
9
10
13
14
away
is that correct?
located approximately three or
at Citizen's Hall playing bingo; is that
A.
That's correct.
Q.
And your
first
awareness
Citizen's Hall receiving calls
their cell phone; is that correct?
That's correct.
A.
Q.
And you
Q.
suffered any physical injuries
17
incident; is that correct?
MR. DORFMAN:
after
days
September
9,
as a
Objection.
result of this
Calls for
a
legal
conclusion and calls for expert opinion.
20
THE WITNESS:
21
MS. MEDEARIS:
22
physical injuries that
23
this incident?
A.
24
25
on
claiming that you have
And you are not
16
18
was
did not return to your neighborhood
for approximately three to four
2010; is that correct?
That's correct.
A.
15
19
of the incident
from individuals at
11
12
home;
04-05-2012
have
Once
I'm not sure.
Are you aware of any
Q.
you have sustained
again, I'm physically
as a
-- I'm
not
result of
-- I
nothing.
408.275.1122
Uccelli
&
Associates
650.952.0774
88
CARLENE VASQUEZ
2
3-
A.
That's right.
Q.
And do you remember
04-05-2012
starting to play bingo at
approximately 6:00 p.m. that night?
4
A.
Yes,
I do.
5
Q.
When
did you
6
had happened
7
A.
Uh-huh.
first
become
aware
that something
in your neighborhood?
It was
between 6:15 and 6:30.
I
Someone
know
8
that worked there -- at the security station there is
9
TV
set,
and the guys were watching TV and
--
they
a
and
calls at the Senior Citizen
10
people were getting phone
11
saying there
12
happened,
13
were at
14
said
15
Glenview.
16
station near the Lunardi's?
A.
Yeah. And that scared me because my daughter
lives right behind that.
a
was a
at the
Q.
The gas
19
Q.
So
20
A.
Right.
17
18
was a
gas
So
22
and
24
25
station
and supposedly
--
they
on San Bruno and
too?
before even looking at the
anything, I heard that
23
plane crash,
your daughter lives in the area,
21
tell
them, what they thought had
That's what the stories
plane explosion.
first, it
it was
-- telling
I go, I gotta call
my
TV
or
daughter
her to take the kids and get in the car and I
think the plane -- that I think the plane
and go see Dad, which is down the street.
MR.
408.275.1122
DORFMAN:
has crashed
Are you done with your answer?
Uccelli
&
Associates
650.952.0774
30
CARLENE VASQUEZ
Q.
Physically?
A.
Physically.
Q.
Okay.
So
5
physical injuries
6
correct?
MR.
conclusion.
result of this incident; is that
as a
Objection.
DORFMAN:
11
A.
I
13
Q.
Okay.
15
16
no.
not, but I'm not sure.
hope
So
it
is
fair
to say at this time you
injuries that you have
sustained or anticipate in the future; is that right?
A.
At this time, right.
are unaware of any physical
Q.
That's correct?
18
A.
Yeah,
19
Q.
Skip those questions.
that's correct,
yes.
9th, 2010 and the present
Between September
20
date, have you taken any vacations?
for
22
A.
Yes,
23
Q.
Where
A.
Vegas.
Q.
And who
25
legal
At
17
21
a
this time that I know of,
MS. MEDEARIS: Q.
Do you anticipate any
physical injuries as a result of this incident?
12
14
Calls for
Calls for expert testimony.
Objection.
THE WITNESS:
10
again.
are not claiming that you have any
You
8
I'l try it
04-05-2012
408.275.1122
my
birthday.
did you
go
did you
Uccelli
for your birthday?
go
&
to
Vegas
Associates
with?
650.952.0774
89
CARLENE VASQUEZ
1
4
04-05-2012
9th, 2010?
September
A.
Yes.
Q.
And
approximately
how
long
after -- strike
that.
Approximately
9th, 2010 and your
6
September
7
neighborhood for the
8
A.
9
Q.
how much
first
time had passed between
visit
to the Crestmoor
time?
I want to say four days.
Is it your best estimate that
you returned
to
10
the Crestmoor neighborhood approximately Monday; is that
11
right?
12
A.
Yes.
13
Q.
And when you
returned to the Crestmoor
14
neighborhood on Monday or Tuesday,
15
did anyone
A.
16
17
go
with
you?
it was
Actually,
a
bus
trip that
we
took
through the neighborhood.
Q.
19
A.
20
Tuesday,
21
days before
it's
somewhere
we
Q.
Monday
23
A.
Yeah.
Q.
Okay.
with
some
408.275.1122
you.
in there.
on Monday?
I really
It
was
--
Monday,
four or five
got in there.
22
trip
it being
recall
That I can't tell
And do you
18
25
the following week,
or Tuesday?
And you
said you recall taking
a
bus
neighbors on Monday or Tuesday.
Uccelli
&
Associates
650.952.0774
04-05-2012
CARLENE VASQUEZ
REPORTER CERTIFICATE
I hereby certify that the witness to the
2
3
foregoing deposition
4
the
was by me
duly sworn to
testify to
5
truth, the whole truth, and nothing but the truth in
the within-entitled cause; that said deposition was
6
taken at the time and place herein named; that the
7
deposition is
8
as
9
certified
true record of the witness's testimony
a
reported to the best of
my
ability
by me,
a
duly
12
disinterested person,
and was thereafter transcribed under my direction into
typewriting by computer; that the witness was given an
opportunity to read and correct said deposition and to
13
subscribe the
14
not be affixed to the deposition, the witness shall not
15
have
16
sign or the signature has been waived.
10
11
shorthand reporter and
same.
a
Should the signature of the witness
availed himself or herself of the opportunity to
I further certify that I
17
am
not interested in
18
the outcome of said action, nor connected with, nor
19
related to
20
their respective counsel.
of the parties in said action, nor to
IN WITNESS WHEREOF,
21
22
any
hand
this April
25
CV<rlz~
SANDRA
408.275.1122
have hereunto
set
my
9, 2012
23
24
I
~4
L. CARRANZA,
Uccelli
&
CSR
()
No. 7062
Associates
650.952.0774
197