Laurie Lehine vs. Live Nation Worldwide, Inc.

Opposition

Cal. Super. - 4th Dist.January 15, 2015

© 0 3 S N wn BA W N N O N RN N O N N D N O N DN k m e m p e e m e m e m p m e d f m pe o e J O N Wn BR W N = O N I N E W NY = O GIRARDI | KEESE JAMES G. O'CALLAHAN, State Bar No. 126975 1126 Wilshire Boulevard Los Angeles, California 90017 Telephone: (213) 977-0211 Facsimile: (213) 481-1554 DRISKELL & GORDON Robert L. Driskell, State Bar No. 070698 180 North Glendora Ave., Suite 201 Glendora, CA 91741-3341 (626) 914-7809 FAX (626) 335-7091 Attorneys for Plaintiff ELECTRONICALLY FILED Superior Court of California, County of Orange 0342017 at 12:02:00 PM Clerk of the Superior Court By & Clerk, Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER LAURIE LEHINE, Plaintiff, Vv. LIVE NATION WORLDWIDE INC., LIVE NATION ENTERTAINMENT, INC., VERIZON AMPHITHEATRE; and DOES 1-100, Inclusive, Defendants. 1 Case No. 30-2015-00766279-CU-PO-CIC Assigned for All Purposes to: Honorable Gregory H. Lewis, Dept. C-26 PLAINTIFF'S OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 4 FOR AN ORDER SEPARATING ON THE CROSS- COMPLAINTANT AGAINST CROSS- DEFENDANT GMS JANITORIAL SERVICES, INC.; DECLARATION OF JAMES G. O'CALLAHAN Action Filed: 1/15/15 Trial Date: 3/20/17 PLAINTIFF'S OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 4 FOR AN ORDER SEPARATING ON THE CROSS-COMPLAINTANT AGAINST CROSS-DEFENDANT GMS JANITORIAL SERVICES, INC. OO 0 0 3 OO wn Bh WwW N N = N o N o No N o No N o N o No No p— —_ — — p t p t Jo p— — — o o J AN wn E N Ww NS — o Oo 0 ~~ aN wn ~ w N o at oO TO THE HONORABLE COURT, DEFENDANTS AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Plaintiff Laurie Lehine hereby respectfully submits the following Opposition to Defendant's Motion In Limine no. 4 for an order separating the trial on the Cross-Complaint against the Cross-Defendant.. This opposition is based upon this Notice, the opposition attached herein, the Declaration of James G. O'Callahan, all prior pleadings in this matter, and any additional evidence or argument to be presented at oral argument. DATED: March 14, 2017 GIRARDI | KEESE By: heen GO (Mu JAMES G. O'CALLAHAN Attorneys for Plaintiff 2 PLAINTIFF'S OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO, 4 FOR AN ORDER SEPARATING ON THE CROSS-COMPLAINTANT AGAINST CROSS-DEFENDANT GMS JANITORIAL SERVICES, INC. © 00 9 O N nn hss L N N O N N N N N N N m e e e e e e e 0 0 ~ 1 O O WL DA W N = DO C X » N N N Ww N d = O OPPOSITION TO MIL NO. 4 L SUMMARY Plaintiff Laurie Lehine was a paid attendee at a concert put on by Defendants Live Nation Worldwide, Inc., Live Nation Entertainment, Inc., and Verizon Amphitheatre (the venue presently named Irvine Meadows Amphitheater) in Irvine, California on July 26, 2013. While there, she slipped on a large amount of water in the women's restroom, maintained by Defendant GMS Janitorial Services, Inc., breaking her ankle and consequently developing Deep Vein Thrombosis. As a result of her Deep Vein Thrombosis, Plaintiff must take blood thinners for the rest of her life. Defendant Live Nation Worldwide, Inc. filed Motion in Limine No. 3 for an order instructing Plaintiff Laurie Lehine and her counsel not to refer to evidence relating to Defendant's liability insurance. (attached hereto as Exhibit '1'.) Both Defendant GMS Janitorial Services, Inc. and Plaintiff have filed non-oppositions to this motion. (attached hereto as Exhibits 2' and '3'.) Now, Defendant Live Nation Worldwide, Inc. moves the Court to issue an order separating the trial on the Cross-Complaint against the Cross-Defendant. However, because both Plaintiff Laurie Lehine and Defendant GMS Janitorial Services, Inc. have not opposed Defendant Live Nation Worldwide, Inc.'s Motion in Limine No. 3 for an order instructing Plaintiff Laurie Lehine and her counsel not to refer to evidence relating to Defendant's liability insurance, Defendant Live Nation Worldwide, Inc. will not be prejudiced. Accordingly, Defendant's motion should be denied. II. LEGAL AUTHORITY A motion in limine is a motion “at the threshold” of trial to exclude evidence deemed inadmissible and prejudicial by the moving party. (People v. Morris (1991) 53 Cal.3d 152, 188, 279). Motions in limine lacking factual support and argument are improper. If allowed, such motions would force the court to “rule in a vacuum.” (Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 670.) Motions in limine FE also be inappropriate where it is difficult to specify exactly what evidence is the subject of the motion. (Morris at 188-190.) “Until the evidence is actually offered, and the court is PLAINTIFF'S OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 4 FOR AN ORDER SEPARATING ON THE CROSS-COMPLAINTANT AGAINST CROSS-DEFENDANT GMS JANITORIAL SERVICES, INC. OO 0 3 aN Dn BA W O N N N N N N N N N N E m ee c e e e e e e m 0 0 ~~ O N WL RA W N = S Y N N N R W N D = O aware of its relevance on context, its probative value, and its potential for prejudice, matters related to the state of the evidence at the time the objection is made, the court cannot intelligently rule on its admissibility.” (People v. Jennings (1988) 46 Cal.3d 963, 975, n.3). III. LEGAL ARGUMENT IN OPPOSITION A. Defendants Live Nation Worldwide, Inc. and GMS Janitorial Services, Inc. Will Not Suffer Prejudice if a Separate Trial is Not Ordered Defendant Live Nation Worldwide, Inc. argues that they and Defendant GMS Janitorial Services, Inc. will be prejudiced if a separate trial on the Cross-Complaint is not ordered because the jury knowledge of the existence of the liability insurance will prejudice Cross-Complaintants' and Cross-Defendant's defense of the Plaintiff's tort claims. (Moving papers, page 3, lines 21-24.) Defendant relies on California Code of Civil Procedure § 1048(b), which reads in part: the court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States. However, Defendant's sole argument fails as both Plaintiff Laurie Lehine and Defendant GMS Janitorial Services, Inc. have not opposed Defendant Live Nation Worldwide, Inc.'s Motion in Limine No. 3 for an order instructing Plaintiff Laurie Lehine and her counsel not to refer to evidence relating to Defendant's liability insurance. Accordingly, Defendant Live Nation Worldwide, Inc. will not suffer prejudice if the Court does not order a separate trial. 1 1 1 11 4 PLAINTIFF'S OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO, 4 FOR AN ORDER SEPARATING ON THE CROSS-COMPLAINTANT AGAINST CROSS-DEFENDANT GMS JANITORIAL SERVICES, INC. OO 0 3 O N wn B W N O N N N N N N N N e e e a e e e e p e e e e e e e 0 ~~ O N nn RA W N = O O N N N R W = O IV. CONCLUSION For the foregoing reasons, Plaintiff requests that the Court deny Defendant's Motion in Limine No. 4 in its entirety. DATED: March 14, 2017 GIRARDI | KEESE By: jeer GO LU JAVIES G. O'CALLAHAN Attorneys for Plaintiff 5 PLAINTIFF'S OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 4 FOR AN ORDER SEPARATING ON THE CROSS-COMPLAINTANT AGAINST CROSS-DEFENDANT GMS JANITORIAL SERVICES, INC.’ Ne o BE EN T E E N E e R Y 2 \ N O N N N N N N N N E e e e e e m e s e e ee © J O N Lh A W N = © QO N Y R A W ND = Oo DECLARATION OF JAMES G. O'CALLAHAN I, JAMES G. O'CALLAHAN, ESQ., declare as follows: i I am an attorney at law, duly licensed to practice law before all courts of the State of California and am a partner at the Law Offices of Girardi and Keese, attorneys of record for Plaintiff LAURIE LEHINE in the matter of Laurie Lehine. v. Live Nation Worldwide, Inc., et al., Case Number 30-2015-00766279-CU-PO-CJC. 2. I have been assigned substantial responsibility for the file in this matter, and have thoroughly reviewed its contents and am, therefore, personally familiar with each of the matters set forth herein. 3. If called as a witness, I could and would competently testify to the following of my own personal knowledge. 4. Attached hereto as Exhibit "1" is a true and correct copy of Defendant Live Nation Worldwide, Inc.'s Motion in Limine No. 3 for an order instructing Plaintiff Laurie Lehine and her counsel not to refer to evidence relating to Defendant's liability insurance. Fs Attached hereto as Exhibit "2" is a true and correct copy of Defendant GMS Janitorial Services, Inc.'s non-opposition to Defendant Live Nation Worldwide, Inc.'s Motion in Limine No. 3 for an order instructing Plaintiff Laurie Lehine and her counsel not to refer to evidence relating to Defendant's liability insurance. I! 1 I iz I 1 1 I 1 I 6 PLAINTIFF'S OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 4 FOR AN ORDER SEPARATING ON THE CROSS-COMPLAINTANT AGAINST CROSS-DEFENDANT GMS JANITORIAL SERVICES, INC. © 0 3 a wn BA W N N o N o N o N o [\ ®) N o N o N O rN p t [ — —_ — — p t J k — — — [e ] J aN wn BE N Ww No —_— an \O o o ~~ w h = Ww N o — << 6. Attached hereto as Exhibit "3" is a true and correct copy of Plaintiff Laurie Lehine's non-opposition to Defendant Live Nation Worldwide, Inc.'s Motion in Limine No. 3 for an order instructing Plaintiff Laurie Lehine and her counsel not to refer to evidence relating to Defendant's liability insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: March 14. 2017 Ju u G J / A Ae JAMES G. O'CALLAHAN 7 PLAINTIFF'S OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 4 FOR AN ORDER SEPARATING ON THE CROSS-COMPLAINTANT AGAINST CROSS-DEFENDANT GMS JANITORIAL SERVICES, INC. Exhibit '1’ ~ ~N O N W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FAGPATrial Prep\5150-034\MILs\MIL3(In).docx DANIELS, FINE, ISRAEL, SCHONBUCH & LEBOVITS, LLP 1801 CENTURY PARK EAST, NINTH FLOOR Los ANGELES, CALIFORNIA 90067 TELEPHONE (310) 556-7900 FACSIMILE (310) 556-2807 Michael Schonbuch, State Bar No. 150884 Geronimo Perez, State Bar No. 223657 Attorneys For Defendants/Cross- Complainants LIVE NATION WORLDWIDE, INC. (erroneously sued as LIVE NATION WORLD-WIDE, INC.) and LIVE NATION ENTERTAINMENT, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE LAURIE LEHINE, Case No. 30-2015-00766279-CU-PO-CJC [Complaint Filed: January 15, 2015] Plaintiff, : [Hon. Gregory H. Lewis, Dept. C-26] Vs. DEFENDANTS' MOTION IN LIMINE TO ; EXCLUDE TESTIMONY REGARDING LIVE NATION WORLD-WIDE INC., LIVE INSURANCE; MEMORANDUM OF NATION ENTERTAINMENT, INC.; POINTS AND AUTHORITIES VERIZON AMPHITHEATRE; and DOES 1- 100, Inclusive, [Motion in Limine No. 3] Defendants. LIVE NATION WORLD-WIDE INC. and LIVE NATION ENTERTAINMENT, INC; Cross-Complainants, VS. GMS JANITORIAL SERVICES, INC.; and DOES 1-10 Cross-Defendants. COME NOW Defendants/Cross-Complainants LIVE NATION WORLDWIDE, INC. (erroneously sued as LIVE NATION WORLD-WIDE, INC.) and LIVE NATION ENTERTAINMENT, INC. (collectively “Defendants™) before trial and the selection of the jury, and move the Court in [imine as set forth below: 1 DEFENDANTS MOTION IN LIMINE TO EXCLUDE TESTIMONY REGARDING INSURANCE; MEMORANDUM OF POINTS AND AUTHORITIES | i i i D A N I E L S , F I N E , I S R A E L , S C H O N B U C H & L E B O V I T S , LL P 1 8 0 1 C E N T U R Y P A R K E A S T , N I N T H F L O O R L O S A N G E L E S , C A L I F O R N I A S O 0 0 6 7 T E L E P H O N E ( 3 1 0 ) 5 5 6 - 7 9 0 0 F A C S I M I L E ( 3 1 0 ) 5 5 6 - 2 8 0 7 10 11 9) 13 14 15 16 17 18 19 20 21 22 23 24 25 21 28 For an order instructing Plaintiff LAURIE LEHINE (Plaintiff) and her counsel not to refer to, interrogate concerning, comment on, attempt to suggest to the jury, or attempt to introduce in any way evidence relating to Defendants liability insurance. Defendants further move that Plaintiff and her counsel be instructed to inform their witnesses, including expert witnesses, of these instructions and to direct them not to make any reference to the foregoing. This Motion is made on the grounds that svidenos relating to Defendants’ liability insurance is irrelevant to this action and inadmissible as a matter of law. In addition, this Motion is made on the further grounds that the probative value of evidence relating to Defendants insurance is substantially outweighed by the probability that its admission will create substantial danger of undue prejudice, of confusion of the issues, or of misleading the jury, and will necessitate undue consumption of time. In the event that the Court grants {iii Mistion and the Courts order is violated during trial, Defendants will immediately request a hearing pursuant to California Evidence Code § 402, outside the presence of the jury to ensure that the Courts order was followed. If it is determined that the order was not followed, the Defendants will move for a mistrial. L PRELIMINARY STATEMENT This is a personal injury action arising out of Plaintiffs alleged fall at Defendants premises, the Verizon Amphitheatre, on July 26, 2013, where Defendant GMS JANITORIAL SERVISES maintained the restrooms. According to Plaintiffs Complaint, Plaintiff slipped and fell in a large amount of water on the restroom floor, breaking her ankle and consequently developing Deep Vein Thrombosis, causing Plaintiffs personal injuries. Plaintiff filed the instant suit on a general theory of negligence, and premises liability seeking compensation for general damages, special damages, and costs of suit. Defendants anticipate that Plaintiffs counsel will attempt to introduce evidence or make reference to Defendants liability insurance. However, evidence relating to Defendants liability insurance is irrelevant to this action and inadmissible as a matter of law. 2 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE TESTIMONY REGARDING INSURANCE; MEMORANDUM OF POINTS AND AUTHORITIES D A N I E L S , F I N E , I S R A E L , S C H O N B U C H & L E B O V I T S , LL P 1 8 0 1 C E N T U R Y P A R K E A S T , N I N T H F L O O R L O S A N G E L E S , C A L I F O R N I A 9 0 0 6 7 T E L E P H O N E ( 3 1 0 ) § 5 6 - 7 3 8 0 0 F A C S I M I L E ( 3 1 0 ) 5 5 6 - 2 8 0 7 10 kl 12 13 14 15 16 17 18 19 20 21 22 23 24 20 Zed 28 II. PURPOSE OF MOTION IN LIMINE It is anticipated that Plaintiff may attempt to present evidence regarding Defendants’ liability insurance. For the reasons set forth in this Motion, any evidence relating to this topic is inadmissible and must be excluded at the time of the trial in this matter. Further, Defendants seek an order requiring Plaintiff’s counsel to meet with each witness including Plaintiff to instruct the witnesses that they must not discuss Defendants’ liability insurance. In the event that a witness mentions the aforementioned topic, Defendants will seek an Evidence Code section 402 hearing outside the presence of the jury, and will move for an order declaring a mistrial if it is determined that Plaintiff’s counsel did not follow the Court order. 111. THIS COURT HAS THE AUTHORITY TO GRANT MOTIONS IN LIMINE TO EXCLUDE INADMISSIBLE EVIDENCE Trial judges enjoy “broad authority” over the admission and exclusion of evidence. (Peat, Marwick, Mitchell & Co. v. Superior Court (1988) 200 Cal. App.3d 272, 288.) It is well recognized that the trial court has the inherent power to entertain and grant a motion in limine to prevent prejudice during trial. (Sacramento and San Joaquin Drainage District v. Reed (1963) 215 Cal.App.2d 60, 66.) “The motion in limine is not expressly authorized by statute, but is within the trial court’s inherent power to entertain and grant. The scope of such motion is any kind of evidence which could be objected to at trial, either as irrelevant or subject to discretionary exclusion as unduly prejudicial. Its purpose is to avoid the unfairness caused by the presentation of prejudicial or objectionable evidence to the jury, and the obviously futile attempt to ‘unring the bell.”” (Peat, Marwick, Mitchell & Co., supra, 200 Cal.App.3d at 288.) (Citations omitted). Motions in limine are favored because they avoid disruption during the trial and enable the court to ‘make determinations about the admissibility of evidence outside the presence of the jury and prior to the admission of evidence that can taint jury perception. (Hyatt v. Sierra 3 DEFENDANTS MOTION IN LIMINE TO EXCLUDE TESTIMONY REGARDING INSURANCE; MEMORANDUM OF POINTS AND AUTHORITIES fame a Enis L O S A N G E L E S , C A L I F O R N I A 8 0 0 6 7 T E L E P H O N E ( 3 1 0 ) 5 5 6 - 7 9 0 0 F A C S I M I L E ( 3 1 0 ) 5 5 6 - 2 8 0 7 D A N I E L S , F I N E , I S R A E L , S C H O N B U C H & L E B O V I T S , LL P 1 8 0 1 C E N T U R Y P A R K E A S T , N I N T H F L O O R : 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Boating Co. (1978) 79 Cal.App.3d 325, 337.) This inherent power allows the court to simplify and streamline the issues, to narrow the evidence to the issues in controversy, and to confine the testimony introduced to relevant matters. Iv. EVIDENCE OF LIABILITY INSURANCE IS INADMISSIBLE California Evidence Code section 1155 provides: Evidence that a person was, at the time a harm was suffered by another, insured wholly or partially against loss arising from liability for that harm is inadmissible to prove negligence or other wrongdoing. (emphasis added.) California Evidence Code section 350 provides that no evidence is admissible except relevant evidence. "Relevant evidence" means evidence Paving any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." (California Evidence Code section 210.) Evidence regarding liability insurance is not admissible in this matter. The issues before the Court concern the question of whether Defendant caused or contributed to Plaintiffs injuries. Testimony regarding Defendants’ liability insurance is clearly not relevant to the issue of causation. Thus, evidence regarding liability insurance maintained by Defendants is inadmissible pursuant to California Evidence Code section 1155, and further, it is not relevant to any issues within the subject action. Accordingly, Plaintiff should not be permitted to set forth any testimony which refers to Defendants’ liability insurance. V. TESTIMONY CONCERNING INSURANCE COVERAGE WOULD BE HIGHLY PREJUDICIAL AND HENCE SUCH TESTIMONY SHOULD BE EXCLUDED Evidence of insurance coverage is highly prejudicial against the insured. California Evidence Code section 352 provides: The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) 4 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE TESTIMONY REGARDING INSURANCE; MEMORANDUM OF POINTS AND AUTHORITIES i i i i i L O S A N G E L E S , C A L I F O R N I A S O 0 6 7 T E L E P H O N E ( 3 1 0 ) 5 5 6 - 7 2 0 0 F A C S I M I L E ( 3 1 0 ) 5 5 6 - 2 8 0 7 D A N I E L S , F I N E , I S R A E L , S C H O N B U C H & L E B O V I T S , LL P 1 8 0 1 C E N T U R Y P A R K E A S T , N I N T H F L O O R 10 11 12 13 14 15 16 17 18 19 + 20 21 22 23 24 25 27 28 create substantial danger of undue prejudice, or of confusing the issues, or of misleading the jury. In the instant matter, testimony concerning liability insurance coverage has no probative value concerning the issues in the case. As noted above, the primary issues before the Court involve the facts and circumstances surrounding Plaintiff’s alleged injuries, such as whether Defendants caused Plaintiff’s alleged injuries, and whether her subsequent treatment was reasonable. Testimony regarding liability insurance would create a substantial danger of prejudice against Defendants. The jury may think that any monetary damages awarded would not come jury to arbitrarily issue an award of damages in favor of Plaintiff despite the merits. Moreover, testimony. regarding liability insurance would confuse the issues in this matter in that it would focus the jury’s attention on liability insurance, which is irrelevant. VI. CONCLUSION Defendants respectfully request that the Court order the exclusion of any and all testimony concerning the introduction of any evidence relating to liability insurance maintained by Defendants. For the reasons set forth above, this evidence is inadmissible pursuant to California Evidence Code sections 350, 352 and 1155. Date: [0 2. [ 20( DANIELS, FINE, ISRAEL, SCHONBUCH & LEBOVITS, LLP By: __ AN — - Michael Schonbuch Geronimo Perez Attorneys For Defendants/Cross-Complainants LIVE NATION WORLDWIDE, INC. (erroneously sued as LIVE NATION WORLD-WIDE, INC.) and LIVE NATION ENTERTAINMENT, INC. 5 DEFENDANTS' MOTION IN LIMINE TO EXCLUDE TESTIMONY REGARDING INSURANCE; MEMORANDUM OF POINTS AND AUTHORITIES from Defendants’ own pockets, but instead a wealthy insurance company. This may cause the O e 9 OY 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 a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is 1801 Century Park East, Ninth Floor, Los Angeles, . California 90067. On October 23, 2016, I served the within document(s): DEFENDANTS' MOTION IN LIMINE TO EXCLUDE TESTIMONY REGARDING INSURANCE; MEMORANDUM OF POINTS AND AUTHORITIES by placing a true copy thereof in sealed envelopes as stated on the attached mailing list. [1 BY FACSIMILE TRANSMISSION I transmitted said document(s) via facsimile machine pursuant to C.R.C. rule 2.306 to fax number FACSIMILE NUMBER. The facsimile machine I used complied with rule 2.306 and no error was reported by the machine. Pursuant to rule 2.306, I caused the machine to print a transmission record of the transmission, a copy of which is attached to this declaration. [BY MAIL Iam “readily familiar” with the firm’s practice of collection and : processing correspondence for mailing. Under that practice a true copy would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, 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. BY PERSONAL SERVICE I caused personal delivery by ATTORNEY SERVICE of said document(s) to the offices of the addressee(s) as set forth on the attached mailing list. [1 BY OVERNIGHT DELIVERY SERVICE I caused such envelope to be deposited with an overnight delivery service (Overnite Express/Federal Express) for delivery the next court day, or at most, within two court days of the above date. [| BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed on the service list. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. [ XXX | (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. [ (Federal) Ideclare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on October 23, 2016, at Los Angeles, California. a Geronimo Perez 6 DEFENDANTS’ MOTION IN LIMINE TO EXCLUDE TESTIMONY REGARDING INSURANCE; MEMORANDUM OF POINTS AND AUTHORITIES i i : | | Na N ~~ O N W n 10 11 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Robert L. Driskell, Esq. DRISKELL & GORDON 180 No. Glendora Avenue Suite 201 Glendora, California 91741 Tel: (626) 914-7809 Fax: (626) 335-7091 Attorney for Plaintiff Laurie Lehine James G. O’Callahan, Esq. GIRARDI | KEESE 1126 Wilshire Boulevard Los Angeles, Califo rnia 90017-1904 Tel: (213) 977-0211 Fax: (213) 481-1554 Co-Counsel for Plaintiff Laurie Lehine Frank J. D’Oro, Esq WESIERSKI & ZUREK LLP 1000 Wilshire Boulevard Suite 1750 Los Angeles, Califo rnia 90017 Tel: (213) 627-2300 Fax: (213) 629-2725 Thomas Wianecki, Esq. Michelle Prescott, Esq. WESIERSKI & ZUREK LLP One Corporate Park Suite 200 > Irvine, California 92606 Tel: (949) 975-1000 Fax: (949) 756-0517 Attorneys for Defendant GMS Janitorial Service, Inc. 5150-034 5 DEFENDANTS/CROSS-COMPLAINANTS’ JOINT WITNESS LIST Exhibit '2' W E S I E R S K I & Z U R E K LL P L A W Y E R S O N E C O R P O R A T E PA RK . SU IT E 20 0 I R V I N E . C A L I F O R N I A © 2 6 0 6 (9 49 ) 9 7 5 1 0 0 0 ec 0 1 Oo wn AE WwW = R O D R N R N R ee ee ee e e e l = ® 2 S h E W R o m OS Oo S N U L RR W N = D Thomas G. Wianecki [Bar No. 073153] twianecki@wzllp.com Wesierski & Zurek LLP One Corporate Park, Suite 200 Irvine, CA 92606 Telephone: (949) 975-1000 Facsimile: (949) 756-0517 Frank J. D’Oro [Bar No. 81832] ~ fdoro@wzIlp.com WESIERSKI & ZUREK LLP 1000 Wilshire Boulevard, Suite 1750 Los Angeles, California 90017 Telephone: (213) 627-2300 Facsimile: (213) 629-2725 Attorneys for Defendant/Cross-Defendant GMS JANITORIAL SERVICES, INC. LAURIE LEHINE, Plaintiff, VS. LIVE NATION WORLD-WIDE, INC. LIVE NATION ENTERTAINMENT, INC.; VERIZON AMPHITHEATRE; and DOES 1-100, Inclusive, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER CASE NO. 30-2015-00766279-CU-PO- CIC DEFENDANT GMS JANITORIAL SERVICES, INC,’S NON- OPPOSITION TO DEFENDANTS, LIVE NATION WORLDWIDE, INC. AND LIVE NATION ENTERTAINMENT, INC.S' MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY REGARDING Defendants. INSURANCE JUDGE GREGORY H. LEWIS LIVE NATION WORLD-WIDE INC. and | DEPT. C-26 LIVE NATION ENTERTAINMENT, INC.; Action Filed: 01/15/2015 MSC Date: 10/13/2016 Cross-Complainants, Trial Date: 10/31/2016 VS. | GMS JANITORIAL SERVICES, INC; and DOES 1-10 Cross-Defendants. 1 10623546-1 GRA- GMS JANITORIAL SERVICES, INC.’S NON-OPPOSITION TO DEFENDANTS, LIVE NATION 0352 WORLDWIDE, INC. AND LIVE NATION ENTERTAINMENT, INC.S' MOTION IN LIMINE NO. 3 W E S I E R S K I & Z U R E K LL P L A W Y E R S O N E C O R P O R A T E PA RK , S U I T E 20 0 I R V I N E , C A L I F O R N I A 8 2 6 0 6 (9 49 ) 8 7 5 - 1 0 0 0 © 0 uu ao un A W N =- R O R R R R R R e e m e e e e e E E B H R G R E G N = ©S vo ® 2 0 n s e w w N D S Defendant/Cross-Defendant, GMS JANITORIAL SERVICES, INC., does not oppose, and hereby provides its notice of non-opposition to Defendants/Cross-Complainants, LIVE NATION WORLDWIDE, INC. (erroneously sued as LIVE NATION WORLD-WIDE, INC.) and LIVE NATION ENTERTAINMENT, INC.s' Motion in Yimine No. 3 To Exclude Testimony Regarding Insurance. DATED: October Lb ,2016 WESIERSKI & ZUREK LLP Be ee Thomas G. Wianecki Attorneys for Defendant/Cross-Defendant GMS JANITORIAL SERVICES, INC. 2 : 10623546-1 GRA- GMS JANITORIAL SERVICES, INC.’S NON-OPPOSITION TO DEFENDANTS, LIVE NATION 0352 WORLDWIDE, INC. AND LIVE NATION ENTERTAINMENT, INC.S' MOTION IN LIMINE NO. 3 W E S I E R S K I & Z U R E K LL P L A W Y E R S O N E C O R P O R A T E PA RK , SU IT E 20 0 IR VI NE , C A L I F O R N I A $ 2 6 0 6 (8 49 ) 9 7 5 - 1 0 0 0 Oe 0 I o n Wn AE W o R O N N N R R e e m e e e e e e B N E B R E S O R = S © ® n k W N m S follows: STATE OF CALIFORNIA, COUNTY OF ORANGE At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Orange, State of California. My business address is One Corporate Park, Suite 200, Irvine, CA 92606. On Octobera¥, 2016, I served true copies of the following document(s) described as DEFENDANT GMS JANITORIAL SERVICES, INC.’S NON-OPPOSITION TO DEFENDANTS, LIVE NATION WORLDWIDE, INC. AND LIVE NATION ENTERTAINMENT, INC.S' MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY REGARDING INSURANCE on the interested parties in this action as BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent from e-mail address jritchie@wzllp.com to the persons at the e- mail addresses listed in the Service List. The document(s) were transmitted at or before 5.00 p.m. Idid not receive, within a reasonable time after the transmission, any e lectronic message or other indication that the transmission was unsuccessful. "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 2g 2016, at Irvine, California. PROOF OF SERVICE SEE ATTACHED SERVICE LIST rs Rif¢hie 10623546-1 GRA- 0352 GMS JANITORIAL SERVICES, INC.’S NON-OPPOSITION TO DEFENDANTS, LIVE NATION WORLDWIDE, INC. AND LIVE NATION ENTERTAINMENT, INC.§' MOTION IN LIMINE NO. 3 © 0 3 S N U t Es W N f t p k ed Ww R e © L A W Y E R S O N E C O R P O R A T E P A R K , S U I T E 2 0 0 (9 49 ) 9 7 5 - 1 0 0 0 [ W Y Pm . th + I R V I N E , C A L I F O R N I A 2 2 6 0 6 W E S I E R S K I & Z U R E K L L P pa d aN PR 0 R N R R R O N R N ee = ® a 8 th A W N = 2 Ww 0 2 SERVICE LIST Laurie Lehine v. Live Nation Worldwide, Inc. GRA-0352 Robert L. Driskell, Esq. DRISKELL & GORDON 190 N. Glendora Avenue, Suite 201 Glendora, CA 91741 Phone: (626) 914-7809 Fax: (626) 335-7091 E-Mail: rdriskell@driskellgordon.com James G. O'Callahan, Esq. Associated Counsel for Plaintiff, Laurie GIRARDI & KEESE Lehine 1126 Wilshire Blvd. ) Los Angeles, CA 90017 Phone: (213) 977-0211 Fax: (213) 481-1554 E-Mail: (two emails) jgocallahan@girardikeese.com; cteeman@egirardikeese.com Attorney for Plaintiff, Laurie Lehine Geronimo Perez, Jr., Esq. Attorneys for Defendants/Cross- Michael Schonbuch, Esq. Complainants LIVE NATION DANIELS, FINE, ISRAEL, SCHONBUCH WORLDWIDE, INC. (erroneously sued as & LEBOVITS, LLP LIVE NATION WORLD—~WIDE, INC.) 1801 Century Park East, 9th Floor and LIVE NATION ENTERTAINMENT, Los Angeles, CA 90067 INC. Phone: (310) 556-7900 Fax: (310) 556-2807 E-Mail: gperez@dfis-law.com / schenbiAd EE law eom 10623336:F GRA GMS JANITORIAL SERVICES, INC.’S NON-OPPOSITION TO DEFENDANTS, LIVE NATION 0352 WORLDWIDE, INC. AND LIVE NATION ENTERTAINMENT, INC.S' MOTION IN LIMINE NO. 3 Exhibit '3’ © 0 0 ~ 3 OO Wn Ax Ww DN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GIRARDI | KEESE JAMES G, O'CALLAHAN, State Bar No. 126975 1126 Wilshire Boulevard Los Angeles, California 90017 Telephone: (213) 977-0211 Facsimile: (213) 481-1554 DRISKELL & GORDON Robert L., Driskell, State Bar No. 070698 180 North Glendora Ave., Suite 201 Glendora, CA 91741-3341 (on) 914-7809 AX (626) 335-7091 Attorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER LAURIE LEHINE, Plaintiff, Vv. LIVE NATION WORLDWIDE INC,, LIVE NATION ENTERTAINMENT, INC., VERIZON AMPHITHEATRE; and DOES 1-100, Inclusive, Defendants. Case No. 30-2015-00766279-CU-PO-CJC Assigned for All Purposes to: Honorable Gregory H. Lewis, Dept. C-26 PLAINTIFF LAURIE LEHINE'S NON- OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY REGARDING INSURANCE 1/15/15 3/14/17 Action Filed: Trial Date; 1 PLAINTIFF LAURIE LEHINE'S NON-OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY REGARDING INSURANCE N O N N N N N N ND ee e e e s e R ee e e N E B O R O N 2 S 6 x a 0 n A W N —~ O Plaintiff, Laurie Lehine, does not oppose, and hereby provides its notice of non- opposition to Defendant Live Nation Worldwide, Inc.'s Motion in Limine No. 3 to Exclude Testimony regarding insurance. DATED: March 14, 2017 GIRARDI | KEESE By: pr GO (0 JAMES G. O'CALLAHAN Attorneys for Plaintiff 2 PLAINTIFF LAURIE LEHINE'S NON-OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY REGARDING INSURANCE OW 0 3 O&O wn A WwW N o nN n o No N N [\ ] n o IS ) p t p — t — p— — t — — p t — — = ~J aN wn EE N w nN — oO \ O © ~~ aN wn EE N w No — la ’ PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, I was over 18 years of age and not a party to this action, I am employed in the County of Los Angeles, State of California. My business address is 1126 Wilshire Boulevard, Los Angeles, CA 90017-1904. On March 14, 2017, I served true copies of the following document(s) described as PLAINTIFF LAURIE LEHINE'S NON-OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 3 TO EXCLUDE FUSLIMONY REGARDING INSURANCE on the interested parties in this action as ollows: SEE ATTACHED SERVICE LIST BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of Girardi | Keese for collecting and processing correspondence for mailing, On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county phere the mailing occurred. The envelope was placed in the mail at Los Angeles, alifornia. : BY FAX TRANSMISSION: I faxed a copy of the document(s) to the persons at the fax numbers listed in the Service List. The telephone number of the sending facsimile machine was 213) 481-1554, No error was reported by the fax machine that I used. A record of the fax transmission was properly issued by the sending fax machine. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 14, 2017, at Los Angeles, California. fun TA] J amfs Trotter PLAINTIFF LAURIE LEHINE'S NON-OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC'S MOTION IN LIMINE NO, 3 TO EXCLUDE TESTIMONY REGARDING INSURANCE © 0 1 On Lh B A W ND ee 2 N N O 0 R O 8 0 2 S S 08 x a o n s e Ww o n o — ~ oO SERVICE LIST Lehine v. Live Nation Worldwide 30-2015-00766279-CU-PO-CJC Robert L, Driskell Driskell & Gordon Associated for Plaintiff 180 North Glendora Ave., Suite 201 Glendora, CA 91741-3341 (626) 914-7809 FAX (626) 335-7091 Michael Schonbuch Attorneys for Defendant, Live Nation Daniels, Fine, Israel, Schonbuch & Lebovits Worldwide, Inc. (erroneously sued as Live 1801 Century Park East, Suite 900 Los Angeles, CA 90067 (310) 556-7900 FAX (310) 556-2807 Frank D'Oro Wesierski & Zurek 1000 Wilshire Blvd., Suite 1750 Los Angeles, CA 90017 (213) 627-2300 FAX (213) 629-2725 Thomas Wianecki Wesierski & Zurek One Corporate Park, Suite 200 Irvine, CA 92606 (949) 975-1000 FAX (949) 756-0517 Nation World-Wide, Inc.) and Live Nation Entertainment, Inc. Attorneys for Cross-Defendant, GMS Janitorial Services, Inc. . Associated with: PLAINTIFF LAURIE LEHINE'S NON-OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY REGARDING INSURANCE Oo o e 3 o N un BA W N = RN N N N N N N N N N e m e a e m e m a H e c o 1 O N wn BA W N D = O YO N N D N R W = O PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 1126 Wilshire Boulevard, Los Angeles, CA 90017-1904. On March 14, 2017, I served true copies of the following document(s) described as PLAINTIFF'S OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 4 FOR AN ORDER SEPARATING ON THE CROSS-COMPLAINTANT AGAINST CROSS-DEFENDANT GMS JANITORIAL SERVICES, INC. on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of Girardi | Keese for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county A the mailing occurred. The envelope was placed in the mail at Los Angeles, California. BY FAX TRANSMISSION: I faxed a copy of the document(s) to the persons at the fax numbers listed in the Service List. The telephone number of the sending facsimile machine was (213) 481-1554. No error was reported by the fax machine that I used. A record of the fax transmission was properly issued by the sending fax machine. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 14, 2017, at Los Angeles, California. fn Tutt Jamies Trotter PLAINTIFF'S OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 4 FOR AN ORDER SEPARATING ON THE CROSS-COMPLAINTANT AGAINST CROSS-DEFENDANT GMS JANITORIAL SERVICES, INC. © o e 39 NN nn Bs W N N O N O N N N N N N O N em mm e m e m p e p m e e e e 0 0 J O O WL BA W O N = C O W XX N N N N R E W N Y C SERVICE LIST Lehine v. Live Nation Worldwide 30-2015-00766279-CU-PO-CIJC Robert L. Driskell Associated for Plaintiff Driskell & Gordon 180 North Glendora Ave., Suite 201 Glendora, CA 91741-3341 (626) 914-7809 FAX (626) 335-7091 Michael Schonbuch Attorneys for Defendant, Live Nation Daniels, Fine, Israel, Schonbuch & Lebovits Worldwide, Inc. (erroneously sued as Live 1801 Century Park East, Suite 900 Nation World-Wide, Inc.) and Live Nation Los Angeles, CA 90067 Entertainment, Inc. (310) 556-7900 FAX (310) 556-2807 Frank D'Oro Attorneys for Cross-Defendant, GMS Wesierski & Zurek Janitorial Services, Inc. 1000 Wilshire Blvd., Suite 1750 Los Angeles, CA 90017 (213) 627-2300 Associated with: FAX (213) 629-2725 Thomas Wianecki Wesierski & Zurek One Corporate Park, Suite 200 Irvine, CA 92606 (949) 975-1000 FAX (949) 756-0517 PLAINTIFF'S OPPOSITION TO DEFENDANT LIVE NATION WORLDWIDE, INC.'S MOTION IN LIMINE NO. 4 FOR AN ORDER SEPARATING ON THE CROSS-COMPLAINTANT AGAINST CROSS-DEFENDANT GMS JANITORIAL SERVICES, INC.