Hrg_12219_mil_no_5

Motion

Cal. Super. - 6th Dist.April 27, 2017

© 0 N n RA W N [w y Oo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17CVv309837 Santa Clara - Civil R. A CHRISTOPHER W. WOOD, ESQ. / SBN: 193955 Electronically Filed LARRY Q. PHAN, ESQ. / SBN: 284561 by Superior Court of CA, DREYER BABICH BUCCOLA WOOD CAMPORA, LLP County of Santa Clara, 10 Almaden Blvd., Suite 1250 on 1/18/2019 12:35 PM San Jose, CA 95113 Reviewed By: R. Aragon Telephone: (408) 275-1300 Facsimile: (408) 275-1331 Case #17CV309837 Envelope: 2397415 Attorneys for Plaintiffs SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA ARLETTE BARRON and JORGE BIRRUTTE, Case No.: 17CV309837 Plaintiffs, PLAINTIFFS’ MOTION IN LIMINE NO. 5 PRECLUDING DEFENDANTS FROM v. MAKING ANY COMMENTS AS TO HOW PLAINTIFFS MIGHT SPEND THEIR RAMON MONDEJAR LORICO, JUDGMENT RAMON MONDEJAR LORICO DBA LORICO TRANSPORT SERVICES, LORICO TRANSPORT Trial Date: January 22, 2019 SERVICES, INC., R. LORICO TRUCKING, LLC., Time: 8:45 a.m. ERNESTO MANINGDING ALARIN, and DOES 1 Dept.: TBD through 10, inclusive, Complaint Filed: April 27, 2017 Defendants. PLAI f IN LIMINE NO. 5 DEFENDANTS FROM A SING HOW PLAINTIF IGHT SPEND THEY RECEIVE Any discussion of how Plaintiffs might invest or spend any funds awarded to them by the jury would be improper. There will be no testimony on this subject at trial, and therefore any such speculation during argument would be completely outside the trial record. This motion is brought as a prophylactic measure, based on Plaintiffs’ counsel's experience in recent trials where a defense attorney argued to the jury that the sums suggested in Plaintiff's closing argument were inappropriate, because Plaintiff would likely spend the money on expensive cars and tropical vacations, or that she would not use the money to undergo future medical procedures -q- Plaintiffs’ Motion in Limine No. 5 ragon Ov 00 ~N 6 nn h o w = —- = = O 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 recommended by her treating physicians. This is just as impermissible as if Plaintiffs herein took the witness stand and testified they would donate their recovery to charity. How Plaintiffs spend any funds awarded to them is their personal business, and does not bear on any issue in this case. References to how Plaintiffs may spend the money are designed purely to unfairly prejudice Plaintiffs and portray them as greedy. What Plaintiffs do with the funds is something about which the jury should not be allowed to speculate. It lacks relevance, is outside the trial record, and is unduly prejudicial under Evidence Code § 352. The Courts have made it clear that the consequences of the verdict are not for the jury's consideration. (See, for example, Hoffman v. Brandt (1966) 65 Cal. 2d 549, 551-553: defense counsel suggested that if the jury returned a verdict for the amount sought by the plaintiff, the defendant would become indigent; Supreme Court felt this was “a deliberate attempt by counsel to appeal to social or economic prejudices of the jury, ... [Citations.]”) Similarly here, Defense counsel cannot be permitted to suggest that a Plaintiffs’ verdict would make Plaintiffs rich, just as they could not suggest that such verdict would bankrupt Defendants. (Ibid.) DATED: January /8 , 2019 DREYER BABICH BUCCOLA WOOD CAMPORA, LLP CHRISTOPHER W, WOOD Plaintiffs’ Motion in Limine No. 5 oo 0 N O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Electronically filed by Superior Court of CA, County of Santa Clara, PROOF OF SERVICE - CCP § 1013, 1013a, 2015/55/2019 12:35 PM and California Rules of Court, Rule 2.306 viewed By:R. Aragon Case #17CV309837 Barron, et al. v. Lorico, et al. Env 32597415 Santa Clara County Superior Case No.: 17CV309837 1, Erica Placeres, declare that: I am a citizen of the United States and am over the age of eighteen years and not a party to the within above-entitled action. I am an employee of Dreyer Babich Buccola Wood Campora, LLP and my business address is 20 Bicentennial Circle, Sacramento, CA 95826. on January ff, 2019, I served the within document: PLAINTIFFS’ MOTION IN LIMINE NO. 5 On the parties in said action addressed as follows: SEE ATTACHED SERVICE LIST O BY FACSIMILE MACHINE (FAX): On , 20__, at a.m./p.m. by use of facsimile machine telephone number (916) 379-3599, I served a true copy of the aforementioned document(s) on the parties in said action by transmitting by facsimile machine to the numbers as set forth above. The facsimile machine I used complied with California Rules of Court, Rule 2.301 and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2.306, I caused the machine to print a transmission record of the transmission, a copy of which is attached to this Declaration. OJ BY MAIL: I am familiar with my employer's practice for the collection and processing of correspondence for mailing with the United States Postal Service and that each day's mail is deposited with the United States Postal Service that same day in the ordinary course of business. On the date set forth above, I served the aforementioned document(s) on the parties in said action by placing a true and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, for collection and mailing on this date, following ordinary business practices, at Sacramento, CA, addressed as set forth above. X BY PERSONAL SERVICE: By causing a true copy and/or original thereof to be personally delivered to the office of the addressee above. d BY OVERNIGHT COURIER: By causing a true copy and/or original thereof to be personally delivered via the following overnight courier service: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on January 4, 2019, at Sacramento, CA. - Erica Placeres Plaintiffs’ Motion /n Limine No. 5 ov 0 dN y n A W N —- o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Matthew C. Jaime, Esq. Raja A. Hafed, Esq. MATHENY SEARS LINKERT & JAIME, LLP 3638 American River Drive Sacramento, Ca 95864 Telephone: (916) 978-3434 Facsimile: (916) 978-3430 SERVICE LIST Attorneys for Defendants, RAMON MONDEJAR LORICO, RAMON MONDEJAR LORICO DBA LORICO TRANSPORT SERVICES, LORICO TRANSPORT SERVICES, INC., R. LORICO TRUCKING, LLC., ERNESTO MANINGDING ALARIN Plaintiffs’ Motion in Limine No. 5