Mallory Hill vs. Impac Mortgage Holdings, Inc.Motion in LimineCal. Super. - 4th Dist.October 28, 2014R O S E N SA BA , LL P 93 50 W I L S H I R E B O U L E V A R D , SU IT E 25 0 BE VE RL Y HI LL S, CA LI FO RN IA 90 21 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 ROSEN <> SABA, LLP RYAN D. SABA, ESQ. (State Bar No. 192370) JONATHAN S. DENNIS, ESQ. (State Bar No. 249554) 9350 Wilshire Boulevard, Suite 250 Beverly Hills, California 90212 Telephone: (310) 285-1727 Facsimile: (310) 285-1728 Attorneys for Defendants and Cross-Complainants, IMPAC MORTGAGE HOLDINGS, INC., IMPAC MORTGAGE CORP., JOE TOMKINSON, WILLIAM ASHMORE ELECTRONICALLY FILED Superior Court of California, County of Orange 10/03/2016 at 09:16:00 AW Clerk of the Superior Court By Wara Gina Bam, Deputy Clerk SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - CENTRAL J USTICE CENTER MALLORY HILL, an individual, Plaintiff, VS. IMPAC MORTGAGE HOLDINGS, INC., a Maryland corporation, IMPAC MORTGAGE CORPORATION, a Delaware corporation, JOE TOMKINSON, an individual, WILLIAM ASHMORE, an individual; and DOES 1 through 50, inclusive, Defendants. AND CROSS-ACTION Case No.: 30-2014-00753349-CU-BT-CIC Honorable Gregory H. Lewis DEFENDANTS’ MOTION IN LIMINE NUMBER FOURTEEN TO EXCLUDE PLAINTIFF'S EXHIBITS, NUMBERS 6, 12 and 13, FOR FAILING TO PROVIDE A COPY OF THESE EXHIBITS TO DEFENDANTS IN VIOLATION OF ORANGE COUNTY LOCAL RULES, RULE 317. Trial: October 3, 2016 Time: 8:30 a.m. Department: C-26 Complaint Filed: October 28, 2014 DEFENDANTS’ MOTION IN LIMINE NUMBER FOURTEEN RO SE N SA BA , LL P 93 50 WI LS HI RE BO UL EV AR D, SU IT E 25 0 BE VE RL Y HI LL S, CA LI FO RN IA 90 21 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THIS HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on October 3, 2016, at 8:30 a.m., or as soon as convenient for this Court, in department C-26 of the above entitled court, Defendants IMPAC MORTGAGE HOLDINGS, INC. IMPAC MORTGAGE CORP., JOE TOMKINSON and WILLIAM ASHMORE (collectively “Defendants”) will move this Court for an Order in limine to exclude Plaintiff’s trial exhibits, numbers 6, 12 and 13, for failing to provide copies to Defendants in violation of Orange County Local Rules, Rule 317(a), and Judge Lewis’ rules for trial. The grounds for this motion are that allowing Plaintiff to offer exhibits at trial without timely disclosing them to Defendants thwarts the purpose of Orange County Local Rules, Rule 317(a) and would unfairly prejudice Defendants. Defendants have repeatedly requested Plaintiff’s trial exhibits, however, Plaintiff continues to refuse to produce them to Defense counsel. This Motion shall also be based on this Notice, on the attached Memorandum of Points and Authorities, the Declaration of Jonathan S. Dennis, Esq., any exhibits attached thereto, the pleadings and papers on file with this Court, and on such other evidence as may be introduced at the time of the hearing. DATED: October 2, 2016 ROSEN<> SABA, LLP ”~ Ray ss SABA. ESQ. ATHAN S. DENNIS, ESQ. Attorneys for Defendants, IMPAC MORTGAGE HOLDINGS, INC., IMPAC MORTGAGE CORP., JOE TOMKINSON, and WILLIAM ASHMORE By: 1 DEFENDANTS’ MOTION IN LIMINE NUMBER FOURTEEN RO SE N SA BA , LL P 93 50 WI LS HI RE BO UL EV AR D, SU IT E 25 0 BE VE RL Y HI LL S, CA LI FO RN IA 90 21 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION AND FACTUAL BACKGROUND. The instant motion seeks an Order in [imine to exclude Plaintiff’s trial exhibits, numbers 6, 12 and 13, for failing to provide copies to Defendants in advance of trial and in violation of Orange County Local Rules, Rule 317(a), and Judge Lewis’ rules for trial. II. PLAINTIFF FAILED TO COMPLY WITH ORANGE COUNTY LOCAL RULE 317(a) BY NOT PRODUCING TRIAL EXHIBITS 6, 12 and 13 TO DEFENDANTS. Orange County Local Rules, Rule 317, requires all parties to exchange their trial exhibits at the Issue Conference, which shall be held no later than 10 days before trial. Judge Lewis’ rules also require trial exhibits to be exchanged prior to trial. The Parties held their issue conference on September 23, 2016. At this conference Defendants provided a copy of their trial exhibits to Plaintiff’s counsel. Plaintiff’s counsel informed Defendants that he would provide his exhibits at “a later date.” On September 28, 2016, Defense counsel once again requested that Plaintiff provide a copy of his trial exhibits to their office. No exhibits were produced. [Please see, Exhibit “A.’] On September 29, 2016, for the third time Defense counsel once again requested that Plaintiff provide a copy of his trial exhibits to their office. No exhibits were produced. [Please see, Exhibit “A.”] On September 30, 2016, for the fourth time Defense counsel once again requested that Plaintiff provide a copy of his trial exhibits to their office. [Please see, Exhibit “B’’] In response, Plaintiff produced some, but not all of his trial exhibits, excluding exhibits 6, 12 and 13. [Please see, Exhibit “C”’; Declaration of Jonathan Dennis, para 8.] 2 DEFENDANTS’ MOTION IN LIMINE NUMBER FOURTEEN RO SE N SA BA , LL P 93 50 WI LS HI RE BO UL EV AR D, SU IT E 25 0 BE VE RL Y HI LL S, CA LI FO RN IA 90 21 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 As of 10:00 p.m. on October 2, 2016, the night before trial, Plaintiff has not provided Defendants a copy of trial exhibits, numbers 6, 12 and 13. [Declaration of Jonathan Dennis, para 10.] Accordingly, these trial exhibits should be excluded at trial since allowing Plaintiff to utilize them at trial would serve to thwart the purpose of Orange County local rule 317, and provide Plaintiff an unfair advantage at trial. III. CONCLUSION Defendants respectfully request that this Court grant the instant motion and issue an order excluding Plaintiff’s trial exhibits numbers 6, 12 and 13. DATED: October 2, 2016 ROSEN<> SABA, LLP NATHAN S. DENNIS, ESQ. Attorneys for Defendants IMPAC MORTGAGE HOLDINGS, INC., IMPAC MORTGAGE CORP., JOE TOMKINSON, and WILLIAM ASHMORE 3 DEFENDANTS’ MOTION IN LIMINE NUMBER FOURTEEN RO SE N SA BA , LL P 93 50 WI LS HI RE BO UL EV AR D, SU IT E 25 0 BE VE RL Y HI LL S, CA LI FO RN IA 90 21 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF JONATHAN S. DENNIS, ESQ. I, Jonathan S. Denis, declare as follows: 1. I am an attorney duly licensed to practice before all the courts in the State of California and am of counsel for Rosen Saba, LLP, counsel of record for Defendants IMPAC MORTGAGE HOLDINGS, INC., IMPAC MORTGAGE CORP., JOE TOMKINSON and WILLIAM ASHMORE. I make this declaration in support of Defendants” Motion in Limine Number Fourteen. I have personal knowledge of the facts stated herein, and if called as a witness, I could and would competently testify thereto. 2. The Parties held their Rule 317 issue conference on September 23, 2016. At this conference Defendants provided a copy of their trial exhibits to Plaintiff’s counsel. Plaintiff’s counsel informed Defendants that he would provide his exhibits at “a later date.” 3. On September 28, 2016, I requested that Plaintiff provide a copy of his trial exhibits to our office. No exhibits were produced. 4. On September 29, 2016, I again requested that Plaintiff provide a copy of his trial exhibits to our office. No exhibits were produced. 5. Attached hereto as Exhibit A,” is a true and correct copy of my September 28 and 29, 2016, emails requesting that Plaintiff provide our office a copy of his trial exhibits. 6. On September 30, 2016, Defense I again requested that Plaintiff provide a copy of his trial exhibits to our office. 7. Attached hereto as Exhibit “B,” is a true and correct copy of my September 30, 2016, email requesting that Plaintiff provide our office a copy of his trial exhibits. 8. Plaintiff produced some, but not all of his trial exhibits, excluding exhibits 6, 12 and 13. 0. Attached hereto as Exhibit “C,” is a true and correct copy of my October 2, 2016, email requesting that Plaintiff provide our office a copy of his trial exhibits, numbers 6, 12 and 13. 4 DEFENDANTS’ MOTION IN LIMINE NUMBER FOURTEEN RO SE N SA BA , LL P 93 50 WI LS HI RE BO UL EV AR D, SU IT E 25 0 BE VE RL Y HI LL S, CA LI FO RN IA 90 21 2 AN nn Bs W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. As of 10:00 p.m. on October 2, 2016, Plaintiff has not provided our office with a copy of his trial exhibits, numbers 6, 12 and 13. 11. In accordance with Orange County Superior Court Local Rules, Rule 317, 1 met and conferred with opposing counsel and attempted to obtain a stipulation regarding this motion in limine, but we were unable to reach an agreement. 12. Attached hereto as Exhibit “D,” is a true and correct copy of my email correspondence with Plaintiff’s counsel regarding the instant motion. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 2" day of October 2016, at Irvine, California. ~~ Ce - = J rata Dennis, Esq. 5 DEFENDANTS’ MOTION IN LIMINE NUMBER FOURTEEN EXHIBIT “A” DEFENDANTS’ MOTION IN LIMINE NUMBER FOURTEEN aN on FT wn 0 ~ ~ 0 lo) o - - NN on SABA, LLP 9350 Wilshire Boulevard, Suite 250 Beverly Hills, California 90212 Tel. (310) 285-1727 Fax (310) 285-1728 RSABA(®ROSENSABA.COM WWW.ROSENSABA.COM IRS Circular 230 disclosure, compliance and notice: Any purported tax advice contained herein (including any Page 1 of 2 attachments) is neither intended nor usable for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein. CONFIDENTIALITY NOTICE: This e-mail, and any attached documents, files or previous e-mail messages, is intended for the addressee only. E-mail may contain confidential information that is legally privileged. Do notread this e-mail if you are not the intended recipient. If you are not the intended recipient of this e-mail, you are hereby notified that any disclosure, copying, distribution or use of any information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail, by forwarding this message to rsaba@rosensaba.com, or by telephone at (310) 285-1727, and destroy the original transmission and its attachments without reading, saving or copying any of it. Thank you. Page 2 of 2 EXHIBIT “B” DEFENDANTS’ MOTION IN LIMINE NUMBER FOURTEEN aN on FT wn 0 ~ ~ 0 lo) o - - NN on SABA, LLP 9350 Wilshire Boulevard, Suite 250 Beverly Hills, California 90212 Tel. (310) 285-1727 Fax (310) 285-1728 jdennis@ rosensaba.com IRS Circular 230 disclosure, compliance and notice: Any purported tax advice contained herein (including any attachments) is neither intended nor usable for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein. CONFIDENTIALITY NOTICE: This e-mail, and any attached documents, files or previous e-mail messages, is intended for the addressee only. E-mail may contain confidential information that is legally privileged. Do not read this e-mail if you are not the intended recipient. If you are not the intended recipient of this e-mail, you are hereby notified that any disclosure, copying, distribution or use of any information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail, by forwarding this message to jdennis @rosensaba.com, or by telephone at (310) 285-1727, and destroy the original transmission and its attachments without reading, saving or copying any of it. Thank you. Page 1lof1 EXHIBIT ¢“C” DEFENDANTS’ MOTION IN LIMINE NUMBER FOURTEEN aN on FT wn 0 ~ ~ 0 lo) o - - NN on Date: Friday, September 30, 2016 at 5:22 PM To: Jaime Pruzansky , Michael Baranov Cc: "Ryan Saba, Esq." Subject: Re: Hill v. Impac Michael, We have still not received Plaintiff’s exhibits 6, 9, 11, 12 and 13. If we do not receive them by 6:30pm this evening, we will move to exclude them at trial. JONATHAN DENNIS From: Jaime Pruzansky Date: Friday, September 30, 2016 at 2:01 PM To: Michael Baranov Cc: "Ryan Saba, Esq." , Jonathan Dennis Subject: RE: Hill v. Impac Dear Mr. Baranoy, We are also missing Exhibit 9 from you. Please send 6,9, 11, 12, and 13 to us. Thank you, Jaime Pruzansky From: Michael Baranov [mailto:mbaranov@mbgwlaw.com] Sent: Friday, September 30, 2016 12:58 PM To: Ryan Saba; Jaime Pruzansky Subject: Hill v. Impac Preliminary exhibits 1-14 are enclosed. Michael M. Baranoy, Esq. BARANOV & WITTENBERG, LLP Page 1 of 2 1901 Avenue of the Stars, Suite 1750 Los Angeles, California 90067 Tel: 310.229.3500 Fax: 310.229.3501 www. mbgwlaw. com 3k 3k 3k 3k 3k ok 3k 3k ok 3k 3k 3k 3k 3k ok 3k 3k ok 3k 3k ok 3k 3k ok 3k 3k ok 3k 3k ok 3k 3k ok 3k 3k ok 3k sk ok 3k sk ok 3k 5k ok 3k 5k ok 3k 5k ok 5k 5k %k 5k 5k 5k 3k 5k %k 5k 5k 5k 5k 5k 5k 3k 5k 5k 3k 5k 5k 3k 5k 5k 3k 5k 5k 3k 5k 3k 5k 3k 3k 5k 3k 3k 5k 3k 3k 3k 3 3k 3k 3 3k 3k 3 3k 3k 3% 3 5k 5% 5k 5k 5% 5% * * *k 3k 3k 3k 3k 3k 3k 3k 3k 3k 3k 3k k 3k 3k k 3k 3k ok 3k 3k ok 3k 3k ok 3k %k ok k 3k ok 3k 3k ok 3k 3k ok 3k 3k ok %k 3k 5k 5k 3k 5k 5k 3k 5k %k 5k %k 5k %k 5k 5k %k kk kk kkk NOTICE TO RECIPIENT: This e-mail is meant for only the intended recipient of this transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation. Page 2 of 2 EXHIBIT “D” DEFENDANTS’ MOTION IN LIMINE NUMBER FOURTEEN aN on FT wn 0 ~ ~ 0 lo) o - - NN on Date: Friday, September 30, 2016 at 2:01 PM To: Michael Baranov Cc: "Ryan Saba, Esq." , Jonathan Dennis Subject: RE: Hill v. Impac Dear Mr. Baranoy, We are also missing Exhibit 9 from you. Please send 6,9, 11, 12, and 13 to us. Thank you, Jaime Pruzansky From: Michael Baranov [mailto:mbaranov@mbgwlaw.com] Sent: Friday, September 30, 2016 12:58 PM To: Ryan Saba; Jaime Pruzansky Subject: Hill v. Impac Preliminary exhibits 1-14 are enclosed. Michael M. Baranov, Esq. BARANOV & WITTENBERG, LLP 1901 Avenue of the Stars, Suite 1750 Los Angeles, California 90067 Tel: 310.229.3500 Fax: 310.229.3501 www. mbgwlaw. com 3k 3k 3k 3k 3k ok 3k k ok 3k k 3k k %k 3k 3k k 3k 3k 3k 3k 3k %k ok 3k 3k 3k 3k k 3k 3k 3k ok 3k 3k ok 3k 3k ok 3k 3k ok 3k 3k 5k 3k 3k 5k 3k 3k 5k 5k 3k 5k 5k 3k 5k 5k 3k 5k 5k 3k 5k 5k 5k 5k 3k 3k 5k 3k 3k 5k 3k 3k 5k 3k 3k 3k 3k 3k 3k 5k 3k 3k 5k 3k 3k 5k 3k 3k 5k 3 3k 5k 3 3k 5k 3% 3k 3 3% 5 5k 5% 5% 5k 5% 5% * * *k 3k 3k 3k 3k 3k 3k 3k k ok 3k k k 3k k 3k 3k k ok 3k 3k ok 3k %k ok 3k %k ok k %k 3k 3k 5k ok 3k 5k 3k 3k 5k 3k 5k 3k 5k 5k 5k 5k %k 5k 5k %k 5k %k 5k %k kk %k kk kk kkk NOTICE TO RECIPIENT: This e-mail is meant for only the intended recipient of this transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message from your system. Thank you in advance for Page 1 of 2 your cooperation. Page 2 of 2 RO SE N SA BA , LL P 93 50 WI LS HI RE BO UL EV AR D, SU IT E 25 0 BE VE RL Y HI LL S, CA LI FO RN IA 90 21 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 9350 Wilshire Boulevard, Suite 250, Beverly Hills, California 90212. On October 2, 2016, I served the foregoing document described as: DEFENDANTS’ DEFENDANTS’ MOTION IN LIMINE NUMBER THIRTEEN TO PRECLUDE PLAINTIFF FROM OFFERING ANY EVIDENCE OR TESTIMOY REGARDING HIS ALLEGED MENTAL AND PHYSICAL DAMAGES on the interested parties in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Michael M. Baranov, Esq. Attorneys for Plaintiff Mallory Hill: BARANOV & WITTENBERG, LLP 1901 Avenue of the Stars, Suite 1750 Tel: (310) 229-3500 Los Angeles, California 90067 Email: mbaranov@mbgwlaw.com [] By hand delivery [X] By electronic transmission to all parties at the addresses listed above. [ ] ByMail- [] As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Beverly Hills, California 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 meter date is more than one day after date of deposit for mailing in affidavit. [V] STATE I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on October 2, 2016, at Irvine, California. 11 DEFENDANTS’ MOTION IN LIMINE NUMBER FOURTEEN