Deposition of engineer ordered in gas leak cases

LOS ANGELES — After months of legal maneuvering, plaintiff attorneys got the OK to resume the deposition of a principal engineer for Southern California Gas Co. about the largest gas leak in U.S. history.

Superior Court Judge Lisa Hart Cole denied the defense’s motion for a protective order and ordered the deposition of engineer May Lew to continue today. Southern California Gas Leak Cases, JCCP No. 4861.

“Defendants are ordered to refrain from coaching the witness or making nuisance objections,” Cole wrote in her order.

R. Rex Parris, who is representing a class of 9,000 Porter Ranch residents suing the gas company, said the notation was a response to the more than 300 objections raised by opposing counsel during the initial deposition.

“There’s a limit of scope in regards to what she can bind the company to but no limitation as to information you can get from her,” Parris said. “You can certainly ask them anything that might go to credibility.”

Parris began the deposition of Lew in May. She was classified as a Person Most Qualified witness although, after her initial deposition, she was categorized as a lab technician, according to court documents.

A transcript of the deposition shows a mutual agreement questioning of Lew would continue at a future date. However, attorneys from Morgan, Lewis & Bockius LLP representing the utility requested a protective order to prevent further deposition of Lew, citing “hours of examination outside their scope.”

“The continued deposition of Ms. Lew that Mr. Parris demands, therefore, would serve no other purpose than harassment,” defense lead Collie F. James IV wrote in his brief.

The defense’s opposition to the testimony mentions Parris’ hostility toward the witness multiple times although Parris maintains they raised no objections at the time. Attorneys from Morgan Lewis did not respond to requests for comment.

In an interview Monday, Parris said he intends to question Lew on what toxins the company tested for and when those tests stopped or were changed. Lew appears on more than 100 documents pertaining to chemical levels at Aliso Canyon, and she has testified to her role in how policies were made for testing, which would support the plaintiff’s argument for punitive damages, Parris said.

Lew’s testimony of the toxins contained in the gas stored at Aliso Canyon might show a link between the leak and the subsequent illnesses exhibited by many of the residents, Parris said.

A protective order regarding the documents has not been invoked, Parris said, adding that it should be disregarded because of the company’s role as a public utility.

“It’s an abuse of the discovery rules in the extreme,” he said. “They’re no different from the department of water and power. They’re required to be transparent.”

As to his harsh questioning of the witness, Parris took a note from the original judge on the case. Cole took the case from Judge John S. Wiley Jr., who was called to sit pro tem on the 2nd District Court of Appeal. Wiley, Parris noted, has written extensively on the importance of cross-examination, a point Parris used to argue the need to continue his questioning of Lew.

“It needs to be zealous and to the point,” Parris said. “It’s a search for truth.”

The deposition is scheduled for 9 a.m. in Dept. 9 of the Stanley Mosk courthouse in downtown Los Angeles.