Preview
Michelle Marchetta Kenyon (SBN 127969) FILING FEE EXEMPT PURSUANT TO
E-mail: mkenyon@ bwslaw.com GOVERNMENT CODE § 6103
Kevin D. Siegel (SBN194787)
E-mail: ksiegel@ bwslaw.com
Albert Tong (SBN 208439) Electronically
E-mail: atong@ bwslaw.com >y Superior t alexi unty of A
BURKE, WILLIAMS & SORENSEN, LLP ON 8/17/2021
1901 Harrison Street, Suite 900
By. /s/ Marcela Enriquez
Oakland, CA 94612-3501 Deputy Clerk
Tel: 510.273.8780 Fax: 510.839.9104
Attorneys for Defendant
CITY OF REDWOOD CITY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN MATEO
11
12 FRANCESCA FAMBROUGH, CHRIS Case No. 17C1IV05387
TAVENNER, NINA PESCHCKE-
13 KOEDT, EMILIO DIAZ, DAN Assignedfor All Purposesto the
SLANKER, DAWN SLANKER, Honorable Marie S. Weiner, Dept. 2
14 BRENDA SMITH, THUMPER SMITH,
15 Plaintiffs, DEFENDANT CITY OF REDWOOD
CITY’S TRIAL EXHIBITS
190A AND 564
16 Vv.
17 CITY OF REDWOOD CITY,
Trial Date: Au st 2, 2021
18 Defendant. Time: 9:00 a.m.
Dept.: 2
19 aaa Judge: Hon. Marie S. Weiner
20 ALISON MADDEN, WILLIAM
MICHAEL FLEMING, EDWARD
21 STANCIL, JEDRICK HUMPHRIES,
ALBA LUCIA DIAZ, JONATHAN REID,
22 TINA REID, AND JOHN CHAMBERS,
23 Plaintiff-Intervenors.
24 Vv.
25 CITY OF REDWOOD CITY,
26 Defendant.
27
28
BURKE, WILLIAMS &
SORENSEN, LLP
-1-
ATTORNEYS
AT Law DEFENDANT’S TRIAL EXHIBITS 190A AND 564
OAKLAND
TRIAL EXHIBIT 190-A
TRANSCRIPTION OF VIDEO OF
MASON AND SHELLY
JUST ADRIFT AIRBNB
REVIEW OF THE WHISPER
STANNIW NN (ot -Ta anit-ToM Dalla dal-lilo Me) Xa a te
seed,
Tel Met eee
eel hs ST ek Soo Oe BE
Canon Cer ea a's CY
Lo Se A) Cele Peel mn oy i
MASON: How's it going, everyone? It's Mason
and Shelly with Just Adrift, and we're here to tell you
about one of our favorite unique Airbnb stays yet.
We were so impressed with our stay on The Whisper.
This wasn't just an overnighter. We stayed for six
nights and we still didn't want to leave.
The boat is so comfortable. As you walk into the
cabin, you enter into a lounge work area. It has a
comfortable daybed, desk with a printer, and our
10 favorite Amazon Alexa. We kept Amazon jamming Bob
11 Marley the entire time we were there.
12 The boat is full of design details that Shelly and
13 I really appreciated.
14 The host, Marcus, is a chef, and it shows in how
15 well the kitchen is stocked.
16 As you walk through the kitchen, you come to the
17 bed. We slept so hard during our stay. The bed and
18 bedding was very comfortable.
19 The boat doesn't have AC, so the floor fan and the
20 sea breeze kept the temperature near perfect during our
21 stay.
22 They went above and beyond when they stocked the
23 refrigerator and pantry. It has everything you would
24 expect and more, including eggs and fruit and even some
25 snacks. Pots, pans, knives, and utensils are high
BIcANLAN depos@ scanlanstone.com Page2
415.834.1114
quality and high function.
[The following is transcription of Mason
and Shelly on the boat.]
MASON: I have a piece of cheese dangling.
SHELLY: That's fine. It's delicious. Can
you make some more of these?
MASON: Yeah. I got two more coming.
SHELLY: Yes.
10
11
12 MASON: Every exterior surface is a deck, and
13 you have access to a floating deck in the slip adjacent
14 to The Whisper. It is really cool.
15 [The following is transcription of Mason
16 and Shelly on the boat.]
17 MASON: It's magic, you know.
18 SHELLY: So, Mason, could you live on a boat?
19 MASON: Yeah.
20 SHELLY: (Laughing.)
21 MASON: It's everything you need
22 SHELLY: It's all right here.
23 MASON: Everything's right here. The shower
24 was hot. All -- too hot to even --
25 SHELLY: It was hot.
BIcANLAN depos@ scanlanstone.com Page3
415.834.1114
MASON: It was really hot. It was awesome.
Look at this TV. This thing's crazy.
SHELLY: It's the biggest TV. It's as big as
the bed. Which is fine. We just watched the fish on
the screensaver last night.
MASON: Set the mood nicely --
SHELLY: Yeah. Candlelight.
MASON: Yeah. I'm pretty impressed by this
boat.
10 SHELLY: The Whisper is where it's at. We
11 need one.
12 MASON: Need more boats in our life.
13 SHELLY: (Laughing.)
14
15
16
17 MASON: If you're anywhere close to Redwood
18 City and looking for a unique stay on Airbnb, definitely
19 consider The Whisper.
20 Thanks for watching. Check out other videos from
21 our journey, and please like and subscribe. See you
22 later.
23 (Video recording ended.)
24
25
BIcANLAN depos@ scanlanstone.com Page4
415.834.1114
REPORTER'S CERTIFICATE OF TRANSCRIPTION
I, Mary Ann Scanlan, Certified Shorthand
Reporter No. 8875, do hereby certify:
That I took down in machine shorthand notes all
proceedings that I heard over audio;
That I thereafter transcribed said shorthand
notes with the aid of a computer;
That the above transcript is a full, true, and
correct transcription of said shorthand notes;
10 That I am not a party to the action or
11 related to a party or counsel;
12 That I have no financial or other interest in the
13 outcome of the action.
14
15 Dated: August 8, 2021
16
17
MARY AN NLAN CSR No 8875
18
19
20
21
22
23
24
25
BicANLAN depos@ scanlanstone.com Page5
415.834.1114
Index: 2021..P ots
expect 2:24
exterior 3:12
2021 5:15 cabin 2:8 Laughing 3:20 4:13
Candlelight 4:7 leave 2:6
CERTIFICATE 5:1 fan 2:19 life 4:12
8 5:15 Certified 5:2 favorite 2:3,10 live 3:18
8875 5:3,17 certify 5:3 financial 5:12 lounge 2:8
Check 4:20 fine 3:5 4:4
A M
cheese 3:4 fish 4:4
AC 2:19 chef 2:14 floating 3:13 machine 5:4
access 3:13
City 4:18 floor 2:19 magic 3:17
action 5:10,13 close 4:17 fruit 2:24 make 3:6
adjacent 3:13 comfortable 2:7,9,18 full 2:12 5:8 Marcus 2:14
Adrift 1:8 2:2 computer 5:7 function 3:1 Marley 2:11
aid 5:7 cool 3:14 Mary 5:2,17
H
correct 5:9 Mason 1:7 2:1 3:2,4,7,
Airbnb 1:8 2:3 4:18
counsel 5:11 12,15,17,18,19,21,23
Alexa 2:10 hard 2:17
4:1,6,8,12,17
Amazon 2:10
crazy 4:2 heard 5:5
mood 4:6
Ann 5:2,17 CSR 5:17 high 2:25 3:1
appreciated 2:13 host 2:14
D
area 2:8 hot 3:24,25 4:1
nicely 4:6
audio 5:5 dangling 3:4 How's 2:1
night 4:5
August 5:15 Dated 5:15
nights 2:6
awesome 4:1 daybed 2:9
notes 5:4,7,9
deck 3:12,13 impressed 2:4 4:8
B delicious 3:5 including 2:24 oO
bed 2:17 4:4 design 2:12 interest 5:12
outcome 5:13
bedding 2:18 desk 2:9
overnighter 2:5
big 4:3 details 2:12 J
biggest 4:3 jamming 2:10 P
boat 2:7,12,19 3:3,16, journey 4:21
18 4:9 pans 2:25
eggs 2:24
boats 4:12 K pantry 2:23
ended 4:23
Bob 2:10 party 5:10,11
enter 2:8
kitchen 2:15,16
breeze 2:20 perfect 2:20
entire 2:11 knives 2:25
piece 3:4
Everything's 3:23
Pots 2:25
BIcANLAN depos@ scanlanstone.com
415.834.1114
Index: pretty..work
pretty 4:8
T
printer 2:9
proceedings 5:5 temperature 2:20
thing's 4:2
Q
time 2:11
quality 3:1 transcribed 5:6
transcript 5:8
R
transcription 1:5 3:2,
15 5:1,9
recording 4:23
true 5:8
Redwood 4:17
TV 4:2,3
refrigerator 2:23
related 5:11 U
Reporter 5:3
unique 2:3 4:18
REPORTER'S 5:1
utensils 2:25
REVIEW 1:10
Vv
s
video 1:5 4:23
Scanlan 5:2,17
videos 4:20
screensaver 4:5
sea 2:20
w
Set 4:6
Shelly 1:7 2:2,12 3:3,5, walk 2:7,16
8,16,18,20,22,25 4:3,7, watched 4:4
10,13
watching 4:20
shorthand 5:2,4,6,9
Whisper 1:10 2:4 3:14
shower 3:23 4:10,19
shows 2:14 work 2:8
slept 2:17
slip 3:13
smacks 2:25
stay 2:4,17,21 4:18
stayed 2:5
stays 2:3
stocked 2:15,22
subscribe 4:21
surface 3:12
BicANLAN depos@ scanlanstone.com
415.834.1114
TRIAL EXHIBIT 564
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CORC_0000015132
PROOF OF SERVICE
I, Laura A. Bates, declare:
I am a citizen of the United States and employed in Alameda County, California. I am
over the age of eighteen years and not a party to the within-entitled action. My business address
is 1901 Harrison Street, Suite 900, Oakland, California 94612-3501. On August 17, 2021, I
caused to be served a copy of the within document(s):
DEFENDANT CITY OF REDWOOD CITY’S TRIAL EXHIBITS 1904
AND 564
by placing the document(s) listed above in a sealed envelope with postage thereon
O fully prepaid, the United States mail at Oakland, California addressed as set forth
below.
by transmitting via e-mail or electronic transmission the document(s) listed above
10 x] to the person(s) at the e-mail address(es) set forth below.
11
VincentJ. Bartolotta, Jr., Esq. Alison M. Madden (pro per)
12 Karen R. Frostrom, Esq. P.O. Box 620650
Audrey Kennedy, Esq. Woodside, CA 94062
13 Thorsnes Bartolotta McGuire LLP Telephone: (920) 602-6685
2550 Fifth Avenue, 11" Floor E-Mail: maddenproper@ gmail.com;
14 San Diego, CA 92103 maddenlaw94062@ gmail.com
Telephone: (619) 236-9363
15 Facsimile: (619) 236-9653 Attorney for Plaintiff Intervenor Alison
E-Mail: frostrom@thmlawyers.com; Mac
16 kennedy@ tbmlawyers.com
17 Attorneys for all Plaintiffs/Intervenors, exoept
Alison Madden.
18
I am readily familiar with the firm's practice of collection and processing correspondence
19 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
20 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage
21 meter date is more than one day after date of deposit for mailing in affidavit.
22 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct. Executed on August 17, 2021, at Brentwood, Califomia.
23
24
25 —---—----#4 en
(Pits—
enon eee
Laura A. Bates
26
27
28
BURKE, WILLIAMS & OAK #4828-8977-2633 v2
SORENSEN, LLP
ATTORNEYS
AT Law
OAKLAND
Preview
Michelle Marchetta Kenyon (SBN 127969) FILING FEE EXEMPT PURSUANT TO E-mail: mkenyon@ bwslaw.com GOVERNMENT CODE § 6103 Kevin D. Siegel (SBN194787) E-mail: ksiegel@ bwslaw.com Albert Tong (SBN 208439) Electronically E-mail: atong@ bwslaw.com >y Superior t alexi unty of A BURKE, WILLIAMS & SORENSEN, LLP ON 8/17/2021 1901 Harrison Street, Suite 900 By. /s/ Marcela Enriquez Oakland, CA 94612-3501 Deputy Clerk Tel: 510.273.8780 Fax: 510.839.9104 Attorneys for Defendant CITY OF REDWOOD CITY SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 12 FRANCESCA FAMBROUGH, CHRIS Case No. 17C1IV05387 TAVENNER, NINA PESCHCKE- 13 KOEDT, EMILIO DIAZ, DAN Assignedfor All Purposesto the SLANKER, DAWN SLANKER, Honorable Marie S. Weiner, Dept. 2 14 BRENDA SMITH, THUMPER SMITH, 15 Plaintiffs, DEFENDANT CITY OF REDWOOD CITY’S TRIAL EXHIBITS 190A AND 564 16 Vv. 17 CITY OF REDWOOD CITY, Trial Date: Au st 2, 2021 18 Defendant. Time: 9:00 a.m. Dept.: 2 19 aaa Judge: Hon. Marie S. Weiner 20 ALISON MADDEN, WILLIAM MICHAEL FLEMING, EDWARD 21 STANCIL, JEDRICK HUMPHRIES, ALBA LUCIA DIAZ, JONATHAN REID, 22 TINA REID, AND JOHN CHAMBERS, 23 Plaintiff-Intervenors. 24 Vv. 25 CITY OF REDWOOD CITY, 26 Defendant. 27 28 BURKE, WILLIAMS & SORENSEN, LLP -1- ATTORNEYS AT Law DEFENDANT’S TRIAL EXHIBITS 190A AND 564 OAKLAND TRIAL EXHIBIT 190-A TRANSCRIPTION OF VIDEO OF MASON AND SHELLY JUST ADRIFT AIRBNB REVIEW OF THE WHISPER STANNIW NN (ot -Ta anit-ToM Dalla dal-lilo Me) Xa a te seed, Tel Met eee eel hs ST ek Soo Oe BE Canon Cer ea a's CY Lo Se A) Cele Peel mn oy i MASON: How's it going, everyone? It's Mason and Shelly with Just Adrift, and we're here to tell you about one of our favorite unique Airbnb stays yet. We were so impressed with our stay on The Whisper. This wasn't just an overnighter. We stayed for six nights and we still didn't want to leave. The boat is so comfortable. As you walk into the cabin, you enter into a lounge work area. It has a comfortable daybed, desk with a printer, and our 10 favorite Amazon Alexa. We kept Amazon jamming Bob 11 Marley the entire time we were there. 12 The boat is full of design details that Shelly and 13 I really appreciated. 14 The host, Marcus, is a chef, and it shows in how 15 well the kitchen is stocked. 16 As you walk through the kitchen, you come to the 17 bed. We slept so hard during our stay. The bed and 18 bedding was very comfortable. 19 The boat doesn't have AC, so the floor fan and the 20 sea breeze kept the temperature near perfect during our 21 stay. 22 They went above and beyond when they stocked the 23 refrigerator and pantry. It has everything you would 24 expect and more, including eggs and fruit and even some 25 snacks. Pots, pans, knives, and utensils are high BIcANLAN depos@ scanlanstone.com Page2 415.834.1114 quality and high function. [The following is transcription of Mason and Shelly on the boat.] MASON: I have a piece of cheese dangling. SHELLY: That's fine. It's delicious. Can you make some more of these? MASON: Yeah. I got two more coming. SHELLY: Yes. 10 11 12 MASON: Every exterior surface is a deck, and 13 you have access to a floating deck in the slip adjacent 14 to The Whisper. It is really cool. 15 [The following is transcription of Mason 16 and Shelly on the boat.] 17 MASON: It's magic, you know. 18 SHELLY: So, Mason, could you live on a boat? 19 MASON: Yeah. 20 SHELLY: (Laughing.) 21 MASON: It's everything you need 22 SHELLY: It's all right here. 23 MASON: Everything's right here. The shower 24 was hot. All -- too hot to even -- 25 SHELLY: It was hot. BIcANLAN depos@ scanlanstone.com Page3 415.834.1114 MASON: It was really hot. It was awesome. Look at this TV. This thing's crazy. SHELLY: It's the biggest TV. It's as big as the bed. Which is fine. We just watched the fish on the screensaver last night. MASON: Set the mood nicely -- SHELLY: Yeah. Candlelight. MASON: Yeah. I'm pretty impressed by this boat. 10 SHELLY: The Whisper is where it's at. We 11 need one. 12 MASON: Need more boats in our life. 13 SHELLY: (Laughing.) 14 15 16 17 MASON: If you're anywhere close to Redwood 18 City and looking for a unique stay on Airbnb, definitely 19 consider The Whisper. 20 Thanks for watching. Check out other videos from 21 our journey, and please like and subscribe. See you 22 later. 23 (Video recording ended.) 24 25 BIcANLAN depos@ scanlanstone.com Page4 415.834.1114 REPORTER'S CERTIFICATE OF TRANSCRIPTION I, Mary Ann Scanlan, Certified Shorthand Reporter No. 8875, do hereby certify: That I took down in machine shorthand notes all proceedings that I heard over audio; That I thereafter transcribed said shorthand notes with the aid of a computer; That the above transcript is a full, true, and correct transcription of said shorthand notes; 10 That I am not a party to the action or 11 related to a party or counsel; 12 That I have no financial or other interest in the 13 outcome of the action. 14 15 Dated: August 8, 2021 16 17 MARY AN NLAN CSR No 8875 18 19 20 21 22 23 24 25 BicANLAN depos@ scanlanstone.com Page5 415.834.1114 Index: 2021..P ots expect 2:24 exterior 3:12 2021 5:15 cabin 2:8 Laughing 3:20 4:13 Candlelight 4:7 leave 2:6 CERTIFICATE 5:1 fan 2:19 life 4:12 8 5:15 Certified 5:2 favorite 2:3,10 live 3:18 8875 5:3,17 certify 5:3 financial 5:12 lounge 2:8 Check 4:20 fine 3:5 4:4 A M cheese 3:4 fish 4:4 AC 2:19 chef 2:14 floating 3:13 machine 5:4 access 3:13 City 4:18 floor 2:19 magic 3:17 action 5:10,13 close 4:17 fruit 2:24 make 3:6 adjacent 3:13 comfortable 2:7,9,18 full 2:12 5:8 Marcus 2:14 Adrift 1:8 2:2 computer 5:7 function 3:1 Marley 2:11 aid 5:7 cool 3:14 Mary 5:2,17 H correct 5:9 Mason 1:7 2:1 3:2,4,7, Airbnb 1:8 2:3 4:18 counsel 5:11 12,15,17,18,19,21,23 Alexa 2:10 hard 2:17 4:1,6,8,12,17 Amazon 2:10 crazy 4:2 heard 5:5 mood 4:6 Ann 5:2,17 CSR 5:17 high 2:25 3:1 appreciated 2:13 host 2:14 D area 2:8 hot 3:24,25 4:1 nicely 4:6 audio 5:5 dangling 3:4 How's 2:1 night 4:5 August 5:15 Dated 5:15 nights 2:6 awesome 4:1 daybed 2:9 notes 5:4,7,9 deck 3:12,13 impressed 2:4 4:8 B delicious 3:5 including 2:24 oO bed 2:17 4:4 design 2:12 interest 5:12 outcome 5:13 bedding 2:18 desk 2:9 overnighter 2:5 big 4:3 details 2:12 J biggest 4:3 jamming 2:10 P boat 2:7,12,19 3:3,16, journey 4:21 18 4:9 pans 2:25 eggs 2:24 boats 4:12 K pantry 2:23 ended 4:23 Bob 2:10 party 5:10,11 enter 2:8 kitchen 2:15,16 breeze 2:20 perfect 2:20 entire 2:11 knives 2:25 piece 3:4 Everything's 3:23 Pots 2:25 BIcANLAN depos@ scanlanstone.com 415.834.1114 Index: pretty..work pretty 4:8 T printer 2:9 proceedings 5:5 temperature 2:20 thing's 4:2 Q time 2:11 quality 3:1 transcribed 5:6 transcript 5:8 R transcription 1:5 3:2, 15 5:1,9 recording 4:23 true 5:8 Redwood 4:17 TV 4:2,3 refrigerator 2:23 related 5:11 U Reporter 5:3 unique 2:3 4:18 REPORTER'S 5:1 utensils 2:25 REVIEW 1:10 Vv s video 1:5 4:23 Scanlan 5:2,17 videos 4:20 screensaver 4:5 sea 2:20 w Set 4:6 Shelly 1:7 2:2,12 3:3,5, walk 2:7,16 8,16,18,20,22,25 4:3,7, watched 4:4 10,13 watching 4:20 shorthand 5:2,4,6,9 Whisper 1:10 2:4 3:14 shower 3:23 4:10,19 shows 2:14 work 2:8 slept 2:17 slip 3:13 smacks 2:25 stay 2:4,17,21 4:18 stayed 2:5 stays 2:3 stocked 2:15,22 subscribe 4:21 surface 3:12 BicANLAN depos@ scanlanstone.com 415.834.1114 TRIAL EXHIBIT 564 J =f MT, ay es lig it a eae Seto = Nears ae 4 | Es | NS i et= |) N ~ \ ma eh yi \\ is Bl eee i WF ia H i aul CORC_0000015132 PROOF OF SERVICE I, Laura A. Bates, declare: I am a citizen of the United States and employed in Alameda County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 1901 Harrison Street, Suite 900, Oakland, California 94612-3501. On August 17, 2021, I caused to be served a copy of the within document(s): DEFENDANT CITY OF REDWOOD CITY’S TRIAL EXHIBITS 1904 AND 564 by placing the document(s) listed above in a sealed envelope with postage thereon O fully prepaid, the United States mail at Oakland, California addressed as set forth below. by transmitting via e-mail or electronic transmission the document(s) listed above 10 x] to the person(s) at the e-mail address(es) set forth below. 11 VincentJ. Bartolotta, Jr., Esq. Alison M. Madden (pro per) 12 Karen R. Frostrom, Esq. P.O. Box 620650 Audrey Kennedy, Esq. Woodside, CA 94062 13 Thorsnes Bartolotta McGuire LLP Telephone: (920) 602-6685 2550 Fifth Avenue, 11" Floor E-Mail: maddenproper@ gmail.com; 14 San Diego, CA 92103 maddenlaw94062@ gmail.com Telephone: (619) 236-9363 15 Facsimile: (619) 236-9653 Attorney for Plaintiff Intervenor Alison E-Mail: frostrom@thmlawyers.com; Mac 16 kennedy@ tbmlawyers.com 17 Attorneys for all Plaintiffs/Intervenors, exoept Alison Madden. 18 I am readily familiar with the firm's practice of collection and processing correspondence 19 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 20 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage 21 meter date is more than one day after date of deposit for mailing in affidavit. 22 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on August 17, 2021, at Brentwood, Califomia. 23 24 25 —---—----#4 en (Pits— enon eee Laura A. Bates 26 27 28 BURKE, WILLIAMS & OAK #4828-8977-2633 v2 SORENSEN, LLP ATTORNEYS AT Law OAKLAND