The tactic of Mr. James, representing Tony, was to object continuously when Mr. Wang testified, to interfere with Mr. Wang so that he could not concentrate.  If Mr. Wang said something wrong, James would attack him in cross examination.

 

The following is an excerpt from the court reporter transcript about Mr. Wang's testimony:

 

Mr. Zhang began by asking his client Mr. Wang about what transpired in the accident.

 

Zhang:  "Mr. Wang, were you involved in an accident on November 24, 2004?"

Witness:  "Yes."

Zhang:  "What happened?"

James:  "Objection.  Overly broad. Asking the witness for a narrative."

Zhang:  "I am saving the time needed for preliminary questions."

Judge:  "Objection sustained."

Zhang:  "All right. Mar. Wang, when and where did the accident happen?"

James:  "Objection.  Compounded question."

Judge:  "Objection sustained."

Zhang:  "Okay.  Mr. Wang.  Where did the accident take place?"

Witness:  "On San Jose Road in San Francisco."

Zhang:  "Were you driving?"

Witness:  "Yes."

Zhang:  "What car did you drive?"

Witness:  "A Toyota Corolla sedan."

Zhang:  "Were other cars involved in this accident?"

Witness:  "Ther was another Honda Civic sedan."

Zhang:  "Do you know who was driving the Honda Civic sedan?"

Witness:  "Yes.  His name is Tony."

Zhang:  "Is Tony in this courtroom now?"

Witness:  "Yes." (pointing to Tony)

Zhang:  "Your Honor, May the record show that the witness is pointing at the defendant Tony."

Judge:  "Yes."

Zhang:  "Thank you, our Honor.  In the accident on November 24, 2004, were there still other                       cars involved?"

Witness:  "No."

 

Mr. Zhang then asked the witness Mr. Wang about the opposite driver Tony. 

 

Zhang:  "How did you find out Tony's name?"

Witness:  "After the accident, we exchanged insurance information. At that time I learned his

                 name."

Zhang:  "Was Tony wearing sun glasses?"

James:  "Objection.  Irrelevant. Lacking foundation."

Zhang:  "Your Honor.  I am trying to understand if Tony was wearing sun glasses.  If he did,                         whether his vision was impacted."

Judge:  "Objection sustained.  Counsel, you should build a foundation first."

Zhang:  "Thank you Your Honor.  Mr. Wang, how was the weather on the day of the accident?"

Witness:  "It was overcast, about to rain."

Zhang:  "Did you see Tony wearing sun glasses?"

Witness:  "Yes."

 

The testimony continued for a while.  Mr. Zhang then asked.

 

Zhang:  "Did you see whether Tony was injured when he came out of the car?"

Witness:  "No."

Zhang:  "Did Tony say anything to you?"

Witness:  "Yes."

Zhang:  "Did Tony apologize to you?"

James:  "Objection.  Leading question."

Judge:  "Objection sustained."

Zhang:  "All right.  Let me ask again.  Did Tony say anything when he got out of the car?"

Witness:  "Yes."

Zhang:  "What did he say?"

James:  "Objection.  Hearsay."

Zhang:  "That was an admission by a party, one of the exceptions to the hearsay evidence."

Judge:  "Objection overruled."

Zhang:  "Please answer my question."

Witness:  "He apologized to me.  He said he was sorry."

 

Mr. Zhang pursued the questions about the friend of Tony, Romeo, who offered to pay money to get the incident settled.  But Mr. James vigorously objected.

 

Zhang: " When Tony was talking to you, did he have a friend with him?"

James:  "Objection.  No foundation that the person with him was a friend.  Assumed facts not in                  evidence."

Judge:  "Objection sustained."

Zhang: "Okay.  Let me ask again.  Was there anyone with Tony?"

Witness:  "Some people came from across the street.  A person got into Tony's conversation

                   with me."

Zhang: " What was the name of that person, if you know."

Witness:  "He was called Romeo."

Zhang:  "What was Romeo's relation to Tony, if you know?"

Witness:  "I think he was a friend of Tony."

Zhang:  "Did romeo say anything to you?"

James:  "Objection.  Hearsay."

Zhang:  "I did not ask him what Romeo said to him.  I only asked if Romeo said anything."

Judge:  "Objection overruled."

Witness:  "Yes."

Zhang:  "What did Romeo say to you?"

James:  "Objection.  Hearsay."

Zhang:  "Then I wait till I cross examine Tony and then I ask."

 

After much effort, Mr. Zhang was able to admit into evidence the willingness of Tony's side to pay money to resolve the incident.

 

Zhang: "Did you receive any suggestion of giving you money?"

James: "Objection.  Timing is vague,  No foundation."

Judge: "Objection sustained."

Zhang: "Mr. Wang, when the accident happened, did you and Tony and Romeo discuss payment

             of money?"

James: "Objection."

Zhang: "I only asked if there was such a discussion."

Judge: "Objection overruled."

Witness: "Yes."

Zhang:  "Did you initiate the discussion of paying you money?"

Witness:  "No."

Zhang:  "Did you receive a suggestion of receiving payment to you to settle this particular                           accident?"

James:  "Objection.  Hearsay."

Zhang:  "I did not ask what Romeo said."

Judge:  "I permit this question."

Witness: "Yes."

Zhang: "How much payment?"

Witness:  "Three hundred dollars."

Zhang:  "Did you receive payment?"

Witness:  "I refused."

Zhang: "No further questions.  Thank you Mr. Wang."

Judge: "Mr. Wang, you are still under oath.  Mr. James.  Your witness now."

James: "Thank you, Your Honor."

 

Phase 10.  Case was resolved by amicable settlement

 

After his cross examination of Mr. Wang, Mr. James found Mr. Wang to be a very strong witness.  Although he tried to attack him in round about way or in direct challenge, Mr. Wang remained unmoved.  He kept his testimony unchanged without vulnerability.  On the last day of testimony, James said to Mr. Zhang:  Rather than continuing to litigate, why don't we consider a compromise and try to resolve differences and settle the case.  However, the cross complaint of Tony would continue.  That was a matter between Mr. Wang's insurance company and Tony. Mr. Zhang needed not be concerned.

 

After Mr. Zhang discussed with his clients, they decided to accept the terms of Mr. James. Of course, in a compromise, neither side is getting the ideal result, but either side also wished to avoid the risk of complete defeat. Thus Mr. Zhang's last strategic decision was made 

accordingly.

 

The judge said to the two attorneys, since both sides have reached a settlemen, "let us put the settlement agreement on the record".

 

After the court resumed in session, the reporter recorded the following transcript:

 

Judge:  "Let the court record reflect, both parties of the case and their attorneys are present in                   court. Also present is the interpreter, Miss Amy Su. Counsels, I understand that you                     have reached a settlement agreement."

James:  "Yes Your Honor. Both sides agree to a settlement of the complaint on the following                       terms: The defendant, without admission of liability, agrees to pay within thirty days a                   payment of $7,000 to Mr. Wang, a payment of $12,000 to Mr. Li, and payment of $45,000                 to Mrs. Wang. Upon receipt of payments, the plaintiff shall dismiss their complaint                         against Mr. Tony with prejudice. Both parties are to pay their own costs. The cross                       complaint of Mr. Tony is to be tried separately and is not a part of this settled                 

                court case. "

Judge:  "Mr. Zhang.  What do you have to say."

Zhang:  "That is the settlement agreement, Your Honor."

Judge:  "Mr. Tony, has your counsel explained to you the terms of that settlement agreement?"

Tony:  "Yes."

Judge:  "Do you agree to the settlement agreement?"

Tony:  "Agree."

Judge:  "Mr. Wang, has your counsel explained to your the terms of the settlement agreement?"

Wang:  "Yes."

Judge:  "Do you agree with the settlement agreement?"

Wang:  "Agree."

Judge:  "Mr. Li, has your attorney explained to yo the terms of the settlement agreement?"

Mr. Li:  "Yes."

Judge:  "Do you agree with the settlement agreement?"

Mr. Li:  "Agree."

Judge:  "Mrs. Wang, has your attorney explained to you the terms of the settlement agreement."

Mrs. Wang:  "Yes."

Judge:  "Do you agree with the settlement agreement?"

Mrs. Wang:  "Agree."

Judge: "All right.  I will set a date for a case management conference within30 days to allow you               to give a report on the progress of settlement.  At that time I will set the date of trial for                 the cross complaint."

 

The court was adjourned.