Tunc R. Elmas vs. Usa Gasoline

Opposition

Cal. Super. - 4th Dist.October 17, 2016

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 277 28 GLENN K. POHL, ESQ. SBN: 134518 LAW OFFICES OF McCARTHY & BEAVERS 4685 MacArthur Court, Suite 200 ELECTRONICALLY FILED Newport Beach, CA 92660 P County of Orange Telephone: (949) 553-1359 02/09/2018 at 10:32:00 PM Facsimile: (855) 880-5646 Clerk of the Superior Court By & Clerk, Deputy Clerk Attorneys for Defendant, R&M PACIFIC RIM, INC. and TESORO Kia uvuvu oc MARKETING COMPANY LLC, erroneously sued as TESORO CORPORATION SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE TUNC R. ELMAS, Case No: 30-2016-00881498 Assigned For All Purposes To Plaintiff, Hon. Deborah J. Servino; Dept: C21 vs. Complaint filed on October 17, 2016 USA GASOLINE; TESORO CORPORATION; R&M PACIFIC RIM, INC.; and DOES 1-20, inclusive, DEFENDANTS’ OPPOSITION TO PLAINTIFEF’S FIRST MOTION IN LIMINE TO LIMIT EXPERT OPINIONS TO THOSE STATED AT Defendants. DEPOSITIONS TRIAL DATE: 2/13/2018 TIME: 9:00 a.m. DEPT.: C21 N r N r N r N e N e N e N N N e N e N e N N N N N r In opposition to Plaintiff’s First Motion in Limine, Defendants respond as follows: It is ironic that Plaintiff seeks to limit opinions at the defense deposition when he himself without apology sent his own expert James Shaffer, M.D. the medical examination and records review reports that is subject to Defendants’ Motion in Limine One. The defense agrees that all experts are required to be prepared at deposition to give their final opinion. This 1 DEFENDANTS’ OPPOSITION TO PLAINTIFE’S FIRST MOTION IN LIMINE TO LIMIT EXPERT OPINIONS TO THOSE STATED AT DEPOSITIONS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 277 28 responding defendant complied with the California Code of Civil Procedure codes that comply with that requirement. It is commonly understood that experts may rebut opinions offered by the other party by review of deposition of the other party’s experts. In this case, the only document the defense expert had not reviewed at his February 5, 2018 deposition was the January 31, 2018 expedited deposition transcript of Plaintiff’s expert James Shafer, M.D. The transcript did not arrive in defense counsel’s office until the morning of February 5, 2018. Defendants have sent that transcript to Dr. Triggs, its retained expert, for review and to rebut any opinions offered. Therefore, subject to Dr. Triggs being able to rebut opinions contained in James Shafer, M.D.’s January 31, 2018 deposition, Defendants agree that it will not seek opinions other than those formulated by Dr. Triggs between November 30, 2017 and his February 5, 2018 deposition. DATED: February 8, 2018 LAW OFFICES OF McCARTHY & BEAVERS GLENN K. POHL, ESQ. Attorneys for Defendant, R&M PACIFIC RIM, INC., and TESORO REFINING & MARKETING COMPANY LLC, erroneously sued as TESORO CORP. 2 DEFENDANTS’ OPPOSITION TO PLAINTIFE’S FIRST MOTION IN LIMINE TO LIMIT EXPERT OPINIONS TO THOSE STATED AT DEPOSITIONS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 277 28 PROOF OF SERVICE I, the undersigned, declare as follows: I am employed in the County of Orange, State of California. I am over the age of 18 years, and not a party to the within action. I am an employee of or agent for LAW OFFICES OF McCARTHY & BEAVERS, whose business address is 4685 MacArthur Court, Suite 200, Newport Beach, California 92660. On February 9, 2018, I served the foregoing document(s): DEFENDANTS’ OPPOSITION TO PLAINTIFE’S FIRST MOTION IN LIMINE TO LIMIT EXPERT OPINIONS TO THOSE STATED AT DEPOSITIONS to the following parties in this action addressed as follows: PLEASE SEE ATTACHED SERVICE LIST [] (BY MAIL) I caused a true copy of each document, placed in a sealed envelope with postage fully paid, to be placed in the United States mail at Newport Beach, California. Iam “readily familiar” with this firm’s business practice for collection and processing of mail, that in the ordinary course of business said document(s) would be deposited with the U.S. Postal Service on that same day. I understand that the service shall be presumed invalid if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained in this affidavit. [] (BY PERSONAL SERVICE) 1 caused to be delivered each such document by hand to each addressee above. ] (BY OVERNIGHT DELIVERY) I caused a true copy of each document, placed in a sealed envelope with delivery fees provided for, to be deposited in a box regularly maintained by Federal Express (FedEx). I am readily familiar with this firm’s practice for collection and processing of documents for overnight delivery and know that in the ordinary course of business practice the document(s) described above will be deposited in a box or other facility regularly maintained by FedEx or delivered to a courier or driver authorized by FedEx to receive documents on the same date it is placed for collection. [] (BY FACSIMILE) By use of facsimile machine number (855) 880-5646, I served a copy of the within document(s) on the above interested parties at the facsimile numbers listed above. The transmission was reported as complete and without error. The transmission report was properly issued by the transmitting facsimile machine. x (BY ELECTRONIC SERVICE) Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons at their electronic notification addresses. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. Executed on February 9, 2018, in Newport Beach, rom I declare under penalty of perjury under the laws of the State of California that the above’i dof a h — coon 3 DEFENDANTS’ OPPOSITION TO PLAINTIFE’S FIRST MOTION IN LIMINE TO LIMIT EXPERT OPINIONS TO THOSE STATED AT DEPOSITIONS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 277 28 ELMAS V. USA GASOLINE, et al. CASE NO: 30-2016-00881498 SERVICE LIST Mauro Fiore, Jr., Esq. Gilbert Perez, 111 LAW OFFICES OF MAURO FIORE, JR. 136 E. Lemon Ave. Monrovia, CA 91016 T: 626-856-5856 F: 626-386-5520 E: gperez@fiorelegal.com; vrubio @fiorelegal.com [Attorneys for Plaintiff, TUNC R. ELMAS] Olivier A. Taillieu, Esq. THE DOMINGUEZ FIRM 3250 Wilshire Blvd., 22" Floor Los Angeles, CA 90010 T: 800-818-1818 F: 213-388-9540 E: otaillieu @dominguezfirm.com [Attorneys for Plaintiff, TUNC R. ELMAS] 4 DEFENDANTS’ OPPOSITION TO PLAINTIFE’S FIRST MOTION IN LIMINE TO LIMIT EXPERT OPINIONS TO THOSE STATED AT DEPOSITIONS