E-FILEDJun 13, 2016 5:00 PM

David H. YamasakiChief Executive Officer/Clerk

Superior Court of CA, County of Santa ClaraCase #1-13-CV-258281 Filing #G-84501

By A. Ramirez, Deputy

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

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very hard to get very much sunlight into that surface at

all.

Q. The condition that Dimetrius came to to paint

here at the podium slab was much larger than a half

inch?

they?

A. Yes. More on the order of two inches.

Q. The areas that weren't painted, what color were

A. The exposed areas were black.

Q. And those were visible by the naked eye, the

areas that weren't painted?

A. Yes.

Q. The areas that were painted were the basic

color of the building which is a beige or stucco color?

A. Yes, it's a light color.

Q. The contrast between unpainted and painted

would be obvious?

MR. ZIMMERMAN: Objection. Overbroad. Obvious

to who. There is no foundation. Calls for speculation

as phrased.

MR. WOOD: Somebody who is not blind and

charged with looking for it.

MR. ZIMMERMAN: Same objections.

Are you talking about --

BY MR. WOOD:

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RICHARD A VELAR 03/18/2016

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

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Q. If somebody missed it, the foreman for Western

would certainly be able to see it; correct?

A. I think he would be able to certainly observe

it.

Q. So that would have been if Dimetrius was

supposed to paint it, it would certainly be something

that Western should bring up and say, "Hey, you missed a

spot"?

A. That's true.

Q. And that's been obvious since it's been painted

the back in 2004; correct?

MR. ZIMMERMAN: Objection. Calls for

speculation. Overbroad. No foundation.

THE WITNESS: Yes.

BY MR. WOOD:

Q. Do you have any information that the owners of

the building did anything to protect the vertical leg of

the waterproofing membrane?

MR. ZIMMERMAN: Objection. Vague. Overbroad.

No foundation.

THE WITNESS: I don't believe they have, but at

the same time I don't think they're aware that they -­

it was required to be protected.

BY MR. WOOD:

Q. Any evidence that this part of the project was

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RICHARD A VELAR 03/18/2016

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501

E-FILED: Jun 13, 2016 5:00 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-258281 Filing #G-84501