to view document - SC Superior Court E-Filing

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA
HONORABLE JACK KOMAR, PRESIDING
DEPARTMENT 17
Bob Gutierrez, Courtroom Clerk
Heather Gorley, CSR
June 4, 2009
Janel Karrle, Deputy Case No.: 1-05-CV-049666
Parties Counsel
WAEL ABBUSHI, IRENE AN, MONIQUE AN, FAWZI BAJJALIEH, Alexander Anolik
SUSAN BAJJALIEH, ESACHIANG, RAYMOND COTTER, GARABET Adam Anolik
DAMIRIJIAN, MANYA DERMIRIJIAN, ANDREW ELIOPOULOS, James Harriman
ENNY ELIOPOULOS, SAM GEORGE,GEORGE TSAI-HSIN HOU,
SEAN HSIEH, LOIS ANNE INDORF, HYE SOOK JI, LILLIAN JOHNS,
CLARENCE KAMAKA, EDWARD M. KING, KATHERINE A. KING,
AGNES LEE, DONALD LEE, SOPHIE LEE, ALBERT LEI AU LUK,
HANNAH CHIA LUK, BONNIE MA, JULIUS MA, ALAN MARAVILLA,
DANIEL MENDOZA, VIRGINIA MENDOZA, JOHN MURDOCH, REGINA
MURDOCH, ALICE AH LAI NG, HERBERT KEE HO NG, LUCY
NIENSUNG, TSAO AMMA NIENSUNG, FLORENCE ANN O’ROURKE,
VALERIE OWYANG, DEMETRIOUS PAPAKONSTANTINO, SHARMILA
PATEL, FRANK PAW, CHU-SHUN PENG, KEH-ANNE PENG, CHARLES
RINALDI, FANYA ROKSTER, BETTE ROSENTHAL, MARTIN
ROSENTHAL, ELLEN RUBINCHIK, HARRY RUBINCHIK, GAYANE
SARKISIAN, VREJ SARKISIAN, DAE SIK, ALMA STANGHELLINI,
PI-JONG SU, WILLIAM SU, EDWARD SUNG, JING FEI SUNG, SEONG
Y. SUNG, RICHARD SWAN, SUZANNE SWAN, RICHARD TAM, SAMUEL
TAM, HAROLD THOMPSON, WANDEE THOMPSON, LOUIE TOTA, RIMA
TOTAH, CARLITO TUASON, IBRAHIM TUET, SHIRLEY TUET, VIRGINIA
WALES, COLLEEN WAN, TONY WAN, SANDRA WORTHINGTON, and
ERICA WULF-KAMAKA
Vs.
Plaintiffs,
THE OLYMPIC CLUB Howard Churchill
Jeff Bairey
Alison Yew
Defendant,
NATURE OF PROCEEDINGS: Day Four, Jury Trial
9:13 a.m. Court convenes on the record with above listed counsel (except Mr. Harriman) and the jury present.
Witness, John Milton Peterson, is sworn and examined on behalf of the Plaintiffs by Mr. Adam
Anolik.
Abbushi v Olympic Club
1-05-CV-049753
6/04/09
- 1 -

9:27 a.m. Witness, John Milton Peterson, is cross-examined by Ms. Yew.
The following Defense exhibits are marked for identification:
Exhibit #501: Street map.
Exhibit #502: Map revised February 2000 and revised June 2007.
9:54 a.m. Witness, John Milton Peterson, is examined by Mr. Adam Anolik on redirect examination.
9:56 a.m. Witness, John Milton Peterson, is re-cross-examined by Ms. Yew.
9:58 a.m. Witness, John Milton Peterson, steps down from the stand and is excused.
Defense exhibits #501 and 502 (previously described) are admitted into evidence.
9:59 a.m. Witness, Robert Joe Obadia, is sworn and examined on behalf of the Plaintiff by Mr. Adam Anolik.
Mr. Obadia is qualified as an expert on the Daly City drainage system and efforts to improve it.
10:18 a.m. Witness, Robert Joe Obadia, is cross-examined by Ms. Yew.
10:30 a.m. The jury is reminded of the admonishment and Court takes the morning recess.
10:51 a.m. Court reconvenes on the record with all present as before
Witness, Robert Joe Obadia, resumes the stand and is further cross-examined by Ms. Yew.
The following Defense exhibits are marked for identification:
Exhibit #503: Vista Grande Watershed Study - Executive Summary.
Exhibit #504: Diagram – labeled D-03 on bottom right hand corner.
11:13 a.m. Witness, Robert Joe Obadia, is examined by Mr. Adam Anolik on redirect examination.
The following Plaintiffs’ exhibit is marked for identification:
Exhibit #108: Aerial photo of Lake Merced and nearby area.
11:17 a.m. Witness, Robert Joe Obadia, is re-cross-examined by Ms. Yew.
11:18 a.m. Witness, Robert Joe Obadia, is examined by Mr. Adam Anolik on re-redirect examination.
11:19 a.m. Witness, Robert Joe Obadia, steps down from the stand and is excused.
Exhibits 503, 504 and 108 (previously described) are admitted into evidence.
11:20 a.m. Witness, Erica Wulf-Kamaka, is sworn and examined on her own behalf by Mr. Adam Anolik.
The following Plaintiffs’ exhibits are marked for identification:
Exhibit #109: Photo of sand and rear of house with missing fence.
Exhibit #110: Photo of storm drain covered with sand.
Exhibit #111: Photo of golf course.
Exhibit #112: Photo of golf course.
Exhibit #113: Olympic Club publication.
Exhibit #114: Olympian – February 2003 article.
11:36 a.m. Witness, Erica Wulf-Kamaka, is cross-examined by Mr. Bairey.
11:49 a.m. Witness, Erica Wulf-Kamaka, is examined by Mr. Adam Anolik on redirect examination.
11:51 a.m. Witness, Erica Wulf-Kamaka, is re-cross-examined by Mr. Bairey.
11:53 a.m. Witness, Erica Wulf-Kamaka, is examined by Mr. Adam Anolik on re-redirect examination.
11:54 a.m. Witness, Erica Wulf-Kamaka, steps down from the stand and is excused.
The jury is reminded of the admonishment and Court takes the noon recess.
1:32 p.m. Not reported: Outside of the presence of the jury the Court and counsel discuss the admission of
various exhibits.
1:41 p.m. The Court reconvenes on the record with all present as before including the jury. Mr. Bairey makes an
offer of proof regarding homeowner witnesses.
Witness, Charles William Joseph Rinaldi, is sworn and examined on his own behalf by Mr. Alexander
Anolik.
1:53 p.m. Witness, Charles William Joseph Rinaldi, is cross-examined by Mr. Bairey.
Abbushi v Olympic Club
1-05-CV-049753
6/04/09
- 2 -

2:06 p.m. Witness, Charles William Joseph Rinaldi, is examined by Mr. Alexander Anolik on redirect
examination.
2:10 p.m. Witness, Charles William Joseph Rinaldi, steps down from the stand and is excused.
Witness, Raymond Warren Cotter, is sworn and examined on his own behalf by Mr. Alexander
Anolik.
The following Plaintiffs’ exhibits are marked for identification:
Exhibit #115: Photo of street with car in wet sand.
Exhibit #116: Photo of car in sand bank.
Exhibit #117: Photo of desk with sand outside window.
Exhibit #118: Photo of computer and window facing sand.
Exhibit #119: Photo of sandy backyard.
Exhibit #120: Photo of workers in backyard.
Exhibit #121: Photo of sandy backyard, facing house
2:25 p.m. Witness, Raymond Warren Cotter, is cross-examined by Mr. Bearey.
2:30 p.m. Witness, Raymond Warren Cotter, is examined by Mr. Alexander Anolik on redirect examination.
2:32 p.m. Witness, Raymond Warren Cotter, is re-cross-examined by Mr. Bearey.
2:32 p.m. Witness, Raymond Warren Cotter, steps down from the stand and is excused.
2:33 p.m. Witness, Hsieh Wen Shen, PhD, is sworn and examined on behalf of the Plaintiffs by Mr. Alexander
Anolik.
2:44 p.m. Witness, Hsieh Wen Shen, PhD, is voir dired by Mr. Churchill.
Professor Shen is qualified as an expert on the effects of sedimentary motions.
2:45 p.m. Witness, Hsieh Wen Shen, PhD, is further examined by Mr. Alexander Anolik on direct examination.
The following Plaintiffs’ exhibit is marked for identification:
Exhibit #122: Photo of eroded sandy area.
2:56 p.m. The jury is reminded of the admonition and Court takes the afternoon recess.
3:19 p.m. Court reconvenes on the record with all present as before.
Witness, Hsieh Wen Shen, PhD, resumes the stand and is further examined by Mr. Alexander Anolik
on direct examination.
The following Plaintiffs’ exhibit is marked for identification:
Exhibit #123: Photo of hill with water tank behind it.
Exhibit #124: Photo of worker digging.
Exhibit #125: Chart of Sediment Transportation Mechanics.
4:02 p.m. The jury is admonished and Court stands adjourned for the evening.
The matter will continue on June 5, 2009 at 9:30 a.m.
Abbushi v Olympic Club
1-05-CV-049753
6/04/09
- 3 -

Abbushi v Olympic Club
1-05-CV-049753
6/04/09
- 4 -