10 MW 12 13 14 16 7 18 19 20 2 22 23 24 25 26 27 28 James A. Murphy - 062223 Jeff C. Hsu - 246125 MURPHY, PEARSON, BRADLEY & FEENEY 725 South Figueroa Street, Suite 2150 Los Angeles, CA 90017 Telephone: | (213) 327-3500 Facsimile: (213) 627-2445 Attomeys for Defendants MAIN STREET MANAGEMENT LLC and CECIL MAIN STREET LLC, erroneously sued as CECIL HOTEL MANAGEMENT FILED, Ses Sark SEP 25 Lv19 sive Ofteer Cock Deputy Shei R ee SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES DAVID LAM, an individual; YINNA LAM, an individual, Plaintiffs, v. CECIL HOTEL MANAGEMENT, INC. a California Corporation; DOES 1 through 25, inclusive, Defendants, Case No.: BC521927 APPENDIX OF EXHIBITS IN SUPPORT. OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES [Filed & Served Concurrently with: Separate Statement of Undisputed Material Facts; Memorandum of Points and Authorities; Declarations of Jeff C. Hsu; Appendix of Exhibits } Reservation No: 140902025798 Date: December 14, 2015 Time: 1:30 p.m. Dept: 93 Trial Date: February 11, 2016 "APPENDIX OF EXHIBITS IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUESBown on i 10 i 12 13 4 15 16 17 18 19 20 a 2 23 24 25 26 27 28 TABLE OF CONTENTS Exhibit No. Description A. Plaintiff's Complaint for Damages. B Plaintiff Yinna Lam’s Verified Responses to Special Interrogatories, dated November 7, 2014 c Plaintiff David Lam’s Verified Responses to Special Interrogatories, dated November 7, 2014 D Deposition transcript of Detective Wallace Tennelle, taken on July 22, 2015 Deposition transcript of Kelly Yagerlener, taken on August 4, 2015 F County of Los Angeles, Department of Coroner Autopsy Report, Case No. 2013- 01364 DATED: September 25, 2015 JRS.20878050.docx MURPHY, PEARSON, BRADLEY & FEENEY By Te C. Hs N foreign national, they asked that we go_down and check it out, and that's why we went. So you got involved in this prior to the discovery of her. body? A, Correct.ora ws 10 11 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 Page 14 Q. Do you recall who it was who got in touch with the LAPD about looking for their daughter? No, I don't Q. How long on that aspect -- how much time did you 13:52 guys spend trying to figure that one out? A. Figure wnat out? Cc Q. Where she was or what -- I mean, do you recall what you did when you went down to Cecil Hotel or -- oF what _did you do after you heard you've got a missing person? A, Well, T recall going to the Cecil Hotel that day. We set up a conmand post in the lobby. As teams searching the entire hotel. We needed nore bodies, personnel, to respond to assist us. Once we got_enough personnel, we assigned @ team, and we had a hotel employee who had a master Key that could access the rooms, and the ~~ what everyone was told to do is they were assigned floors, and they were to go room to room, door knock. If there was somebody there, open it and ask permission to go in and search. By searching, I don't mean they were going in and looking in trash cans, pulling out drawers. It was to look in and see wherever a hunan being could possibly 13:54 hide or be, to check that area. No luggage was opened orsw ne eu Tw 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 15 anything like that. All closets. Every nook and crann: of that building where we thought was a room, locked or unlocked, it was to be opened. It was to be searched. 2. For a person? A. For a person. And that was it. @. Okay. How many people did LAPD have involved in I don't recall offhand. We had quite a few team: Do you know how long that search took? It took quite a while, at least a day, and we also brought in K9 units. There might have been at least -- going off memory -- six or seven teams from the California emergency ~~ I forget what it is. They have scent dogs, and they were tasked with using the dogs. After the search had been done, the dogs went through from top to bottom. 7] @. Did you you ever heard of the term "cadaver A. Yeah, I've heard of cadaver dogs. Q. Any of those dogs used, to your knowledge? A, I don't know if any of those dogs were cadaver dogs because -- they may have been multi-purpose dogs. So I really couldn't say. I remember we told them that we were looking for aPage 16 missing person and to get as many K9s or dogs as they could. They got quite @ few of them there, and they went and searched ~~ Q. Had you ever investigated -- A, ~~ the hotel. Q. -- untoward incidents at the Cecil Hotel before? MR. HSU: Objection. Vague and ambiguous. BY MR. JOHNSTON Q. Well, T suppose everything you do is you investigate untoward incidents. You're in burglary/honicide. But have you ever had a -- investigated a reported crime that happened at the Cecil Hotel before? No, sir, I haven't, @. Do you recall -- if you got the call on the Sth or thereabouts -- February Sth, thereabouts -- how long had Ms. Lam been missing, if you recall? A, If T recall, she was due to check out on either February the Ist or the 31st. She had paid to stay an extra day. So I'm thinking -- if T recall, maybe February ist was her last day. Her things weren't recovered After that, let's say February the lst or 2nd -~.I'd sey maybe on the 318t oF the Ist was the last tine she had been seen at ‘the hotel., And after that, she wentern ewne 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 17 missing Now, you've heard that they had a video of her? You've seen that video? A. Yes, sir, I have. @. When were you told that they had a video of her? A. Well, they dign't -- @. A videotape exists -- A. They did not tell us that a video existed. what happened is we knew that the hotel had video. So there was a team, two guys, and their duty was simply to look at all the video from a certain period when she checked in, I believe When you say "they," you mean LAPD personnel? Yeah. Detectives, Tim Marcia and Detective -- an you spell that? Mearr-e~ a. First name is Tim. Is he still with LAPD? Yes, sir, he is, They both are. The other detective, I just drew @ blank on his name. Anyway, they were -- if I come up with it, ILL interject. They were detailed specifically to just look at the video, and they looked at the video, and eventually she was seen inside the location. Is it your thought that the video -- that when they looked at the video, Mr. Marcia and hiswre er 8 10 1 12 13 14 15 16 7 18 19 20 21 22 23 24 25 Page 18 partner, that they were the first persons reviewing the video? Do you have any knowledge of that? My only knowledge is they were the first people fron LAPD to view the video. @. Has it ever been a thought that the video had been tampered with in any way, shape or form? AL No. @. Has anyone brought that up to you before? That it was tampered with? Yeah No @. Okay. Is the video -- as I understand it, LAPD has a copy of the video? A. Yes. Q. Te that the video, or is it a copy of the video that they -- It is the download from their system. It's the original download fiom their system. @. And who did the downloading, if you know? A. I don't recall. I think it might have been -- I think it was Detective Marcia and his partner that downloaded it. @. Did -- A, I don't recall if SID came out and did a download or not. They may have. I don't know. 1 wouldern es wne 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 Page 19 have to look at the books to.. @. Have you ever heard of any thought that -- of anybody saying that they thought that the video had been tampered with prior to -- the reason I'm bringing that vp, as you know, this has been involved in the Internet, and supposedly the Internet -~ the supposed experts are saying that the video has been tampered with. Do you have any knowledge of that, or was it ever suspected by LAPD that it had been? A. Not tampering, no, because when Detective Marcia and his partner were reviewing the video footage, that was done at the hotel on the system itself. It wasn't a copy that was downloaded and then reviewed. We wore looking at it right then and there in real time. @. And do you know if anybody asked the people at the hotel if they had previously reviewed any of that material to see if Ms. Lam had been seen since she was last thought to have been seen? I don't recall @. Okay. My thought is that the hotel would ordinarily -- would not just review the video just review video to see who was there or not. They it's somehow warehoused in case they need it. A question comes up, then they go review it. Is that your thought as to what had happened whenMe. Marcia had to review the video? “okay. We got it right here. Here it is. took at it"? MR. HSU: Objection. Calls for speculation. THE WITNESS: Could you repeat that question? BY MR. JOHNSTON: Q. Sure. Do you know if anybody had asked -- maybe I asked Oo er you this. If I did, I apologize -- if anybody at the 9 hotel had reviewed the video prior to LAPD reviewing the 10 video? 1 A, I don't know, 12 Okay. You may not know it, but has that been an 13 issue raised before? "We should find out whether or not 14 they reviewed this before we did"? 15 A. I don't know if when -- I don't know if when 16 Detective Marcia and his partner were being shown the 17 video room where their equipment was, if they may have 18 asked, “las anybody viewed the video?" 19 I wouldn't have been there. x was still dealing 20 with the search. So they may have asked, but I can't 21 tell you. I don't know if they did’or not 22 @. Do you know which room she was assigned or she 23 rented? 24 CA. _1 don't recall off hand which one she rented, 25 14:04 but I_know that_she was ‘in one; and’ then she was givenaw ne era we 10 cy 12 13 14 as 16 a 18 19 20 21 22 23 24 25 another room. “7 Okay. I take it you guys, LAPD, searched both of those rooms? AL ves. @. At the time that you were searching those rooms, had they been re-rented to other people? A. If recall, no. The first room, if I recall, was almost a -- it had multiple beds. It was a hostel-Like situation where you had multiple people sleeping in one room. And then my understanding was that she was then given a room by herself. And the room by herself, had they re-rented that room? A. I don't know @. Do you know -- did you go into that room yourself? Do you recall? A. I did go and look at it, but 1 don't recall if there was property in there or if it had been rented. If I recall correctly, the first room she was in that had multiple beds I think bunk beds -- that one hadn't been rented. But the other room, I don't recall. @. Okay. MR. JOHNSTON: 1°11 mark as Exhibit 1 a notice of taking deposition. (Continued gn Following page.) aBoones one 10 11 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 Page 22 (Whereupon the document referred to is marked by the reporter as EXHIBIT 1 for identification.) MR. JOHNSTON: And then I got a couple of photographs here off of -~ THE WITNESS: Gable -- Chris Gable was Detective Marcia's partner. MR. JOHNSTON: We'll mark as Exhibit 2 a photograph of -- that I've taken off of the Internet here of the building. Exhibit 2 is a photocopy of what I believe to be the Cecil Hotel. (Whereupon the document referred to is marked by the reporter as EXHIBIT 2 for identification.) MR. JOHNSTON: And Exhibit 3 is a photocopy of the same hotel but different aspect. (Whereupon the document referred to is marked by the reporter as EXHIBIT 3 for identification.) BY MR, JOHNSTO @. You see those, sir? Do you recognize that as the Cecil Hotel? A. Yes, T do. @. Okay. On one of them T have marked as Exhibit 2, you can see that -- is that the front of the Cecil? rt faces on Main street? A. Yes, it is. Q. You see on the right-hand side the fire escape?Cro 14:07 14:07 A, Band C. Wings B and C also have stairwells or -- Fire escapes. “7 Q. -- fire escapes; correct? Page 23 Yes, sir. Q. And then on Exhibit 3, I believe you can see a side of the Cecil Hotel taken from 7th Street? A. Correct. @. And you can see a stairwell? MR. HSU: Do you have an extra copy of 3? NR. JOHNSTON: Oh, I'm sorry. MR. HSU: Thank you. BY MR. JOHNSTON I'm going to -- you can see the building is I don't know what you call those Three wings. @. Three wings. okay. And I'l] mark on here, starting from left to right, A. Yes, sir. @. Do you know if the room that she had after she left the multi-tenant room -- I'll refer to it as that -- where she went by herself, did she have access from her apartment onto the fire escape in that room? A. Inside the room itself? Yes. No. If T recall, the fire escape is accessiblesw ne eo3r nw 10 11 12 13 14 15 16 7 18 19 20 21 22 23 24 25 Page 24 through the corridor. @. So you don't have to go through a room to get to the fire escape? AL No. @. Twas wondering. I thought -- MR. JOHNSTON: Off the record. (Discussion held off the record.) BY MR. JOHNSTON: @. From your observation of the Cecil Hotel when you were there, how do you access the fire escapes’ A. Bach floor -- okay. This would be the looking at Exhibit 2, the fire escape is on the south side or the -- @. Front? A. => southwest corner of the building. It's on Main Street, this one here. And the corridor to access all the rooms there's a corridor -- the corridor leads south, dead ends, you make a right. There's a window, and you can raise the window to access the fire escape on each floor. Okay. So as I asked before, just to put it into context, a person wanting to get out of the fire escape does not need to go through a hotel apartment. You can s+ it's just common area. You can go through the -- down any corridor and then open the window?