Motion,Ex Parte: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al

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ROBERT S. AARON (SBN 138903)
TIMOTHY C. WILSON (SBN 173928)

AARON & WILSON, LLP ELECTRONICALLY
150 Post Street, Suite 400 FILED
San Francisco, California 94108 ‘Supertor Court of Calfomia,
Telephone: (415) 438-7800 County of San Francisco
Facsimile: (415) 438-7808 03/17/2015
Email: rsaaron@aaron-wilson.com Clerk of the Court
Email: tewilson@aaron-wilson.com BYveesse wu

Deputy Clerk

Attorneys for Defendants/Cross-Defendants
TAXI EQUIPMENT LEASING LLC,
YELLOW CAB COOPERATIVE, INC., TAXI
PROPERTY COMPANY, INC., WOLLEY,
LLC, JAMES GILLESPIE, HAL
MELLEGARD, NICK OLSEN, PAMELA
MARTINEZ, RICHARD WIENER, STEVEN

REIMERS
SUPERIOR COURT - STATE OF CALIFORNIA.
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION
IDA CRISTINA CRUZ FUA, Case No. CGC 11 515542
Consolidated with
Plaintiff, CGC-12-519794 and CGC-13-529705
v. DEFENDANTS AND CROSS-

DEFENDANTS TAXI PROPERTY
COMPANY, INC., WOLLEY, LLC,
JAMES GILLESPIE, HAL MELLEGARD,
NICK OLSEN, PAMELA MARTINEZ,
RICHARD WIENER and STEVEN
REIMERS’ MEMORANDUM OF POINTS
AND AUTHORITIES IN OPPOSITION
TO PLAINTIFF’S MOTION IN LIMINE
NO.4

JOEL ENRIQUE ANDINO SANCHEZ, an
Individual; CAROLINE MILLER, an
Individual; TAX] EQUIPMENT LEASING
LLC, a Limited Liability Company; SAN
FRANCISCO INDEPENDENT TAXI
ASSOCIATION, a Corporation; YELLOW
CAB COOPERATIVE, INC., a
Corporation; and DOES 1 through 50,
Inclusive,

Complaint Filed: October 31, 2011
X-Complaint Filed: May 13, 2014
Trial Date: March 9, 2015

Defendants.

AND RELATED CROSS-COMPLAINT.

Oe

Plaintiffs Motion in Limine No. 4. to exclude the evidence of insurance must be denied.
Typically, such a motion is appropriate in a personal injury matter. However, by reason of the

disputed respondeat superior issue, evidence of liability insurance is critical, particularly since

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M4 Ope

Opposition to Plaintiffs Motion in Limine No. 4ond DA wn

ownership of the taxi involved in the accident is disputed.

Per CACI 3704, supplying “the equipment, tools, and place of work” is an important
consideration when the employment status of an individual is in dispute. The evidence will be
that former co-defendant, Alan Da Silva, supplied the requisite automobile insurance for the
subject taxi. This fact is important, and could be outcome determinative, relative to the issue of
employment as it is the contention of all the remaining defendants, except Sanchez, that the
ONLY equipment supplied by Yellow Cab was that which it was mandated to provide per the
San Francisco Municipal Transit Authorities rules and regulations. To deny defendants the
opportunity to further argue that everything else was provided by Da Silva, and paid for, in part,
by Sanchez, would place defendants, except Sanchez, at a great disadvantage relative to arguing
the issue of respondeat superior.

Additionally, it should not be forgotten that excluding evidence of liability insurance is
really a protection for defendants, not plaintiff. The concern is that knowledge of liability
insurance encourages a jury to award higher verdicts since the money changing hands by reason
of its verdict is insurance money, not private a.k.a. “real” money. Thus, if any harm occurs by
reason of admitting evidence of liability insurance, the harm effcects defendants, not plaintiff.

Further, unlike most personal injury cases arising from an automobile accident, the
damages sought by plaintiff here, somewhere in the neighborhood of $20,000,000 on the low
end, and $50,000,000+ on the high end, are such that no jury is going to think there is
meaningful insurance coverage for the loss anyway. A more likely scenario is that the jury, like
just about everyone else these days, is well aware that liability coverage exists, but that it will be
wholly insufficient to fully indemnify any of the defendants.

In summary, these is simply no good reason to keep evidence of insurance coverage from
the jury, and a compelling reason to do otherwise, i.e., allow Yellow Cab to fully present its
defense to plaintiff's claim of Vicarious liability. Therefore, plaintiff motion in limine no. 4
should be denied.

HM)

Mf
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Opposition to Plaintiff's Motion in Limine No. 4

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Dated: March 17, 2015

Y, INC., WOLLEY, LLC, JAMES
SPIE, HAL ‘MELLEGARD, NICK
OLSEN, PAMELA MARTINEZ, RICHARD
WIENER, STEVEN REIMERS

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Opposition to Plaintiffs Motion in Limine No. 4Fua v. Sanchez

San Francisco County Superior Court Case No. CGC 11 515542 Consolidated with
San Francisco County Superior Court Case No. CGC 12 519794 and

San Francisco County Superior Court Case No. CGC 13 529705

Our File No. 0845

AFFIDAVIT OF SERVICE
STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO
I, Cristina Mitchell, declare:
Tam a citizen of the United States, over 18 years of age and not a party to the within
action. I am self-employed in the City and County of San Francisco; my business address is 150
Post Street, Suite 400, San Francisco, California, 94108.
On March 17, 2015, I served the attached and/or enclosed:
DEENDANTS AND CROSS-DEFENDANTS TAXI PROPERTY COMPANY, INC.,
WOLLEY, LLC, JAMES GILLESPIE, HAL MELLEGARD, NICK OLSEN, PAMELA
MARTINEZ, RICHARD WIENER and STEVEN REIMERS’ MEMORANDUM OF
POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF’S MOTION IN
LIMINE NO. 4

on all parties in this action, at the following address(es):

Todd P. Emanuel, Esq. Mitchell E. Green, Esq.
Mark D. Rosenberg, Esq. Law Office of Mitchell E. Green
Emanuel Law Group Post Office Box 630550
702 Marshall Street, Suite 400 Simi Valley, CA 93063
Redwood City, CA 94063 Fax: (805) 823-0916
Fax: (650) 369-8999 Tel: (805) 823-0915
Tel: (650) 369-8900 Email: MitchGreenLaw@aol.com
Email: Todd@TEinjurylaw.com Counsel for Plaintiff, Allstate Insurance Co.

Email: Mark@TEinjurylaw.com
Counsel for Plaintiff, Ida Cristina Cruz Fua

D. Douglas Shureen, Esq. Gregory H. McCormick, Esq.
McMillan & Shureen LLP Burnham Brown
50 Santa Rosa Avenue, Suite 200 1901 Harrison Street, 14th Floor
Santa Rosa, CA 95404 Oakland, CA 94612
Fax: (707) 576-7955 Fax: (510) 835-6666
Tel: (707) 525-5400 Tel: (510) 444-6800
Email: doug.shureen@mcmillanshureen.com Email: gmecormick@burnhambrown.com
Counsel for Defendant/Cross-Complainant, Counsel for Defendant, Alan DaSilva & SF
Joel Enrique Andino Sanchez Independent Taxi Association.

Colin C. Munro, Esq.

Carlson, Calladine & Peterson LLP

353 Sacramento Street, 16th Floor

San Francisco, CA 94111
Fax: (415) 391-3898
Tel: (415) 391-3911
Email: emunro@ccplaw.com
Co-Counsel for Defendants, Taxi Equipment Leasing LLC, Yellow Cab Cooperative, Inc.

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Post

Proof of ServiceFua y, Sanchez

San Francisco County Superior Court Case No. CGC 11 515542 Consolidated with
San Francisco County Superior Court Case No. CGC 12 519794 and

San Francisco County Superior Court Case No. CGC 13 529705

Our File No. 0845

Service was accomplished by causing either an original or a true copy of the above-
referenced document(s) to be distributed as follows:

o BY MAIL: I caused such document(s) to be placed in a sealed envelope, addressed as
indicated above, with prepaid first-class postage thereon, and then placed the envelope(s) for
collection and mailing, in accordance with the firm’s ordinary business practice. [am readily
familiar with the firm's ordinary business practice for collection and processing of
correspondence for mailing with the United States Postal Service. Under that practice
correspondence for mailing is deposited with United States Postal Service on the date indicated
for service, with prepaid first-class postage thereon.

wy BY EMAIL: I caused such documents to be transmitted via email to the parties indicated
above, at their respective email addresses.

BY HAND DELIVERY: I caused such documents to be hand delivered to the addresses
indicated above.

Oo VIA FACSIMILE: I caused such documents to be transmitted via facsimile to the parties
indicated above, at their respective facsimile numbers.

oO VIA EXPRESS CARRIER: I caused such documents to be collected by an agent for the
United States Postal Service, United Parcel Service, Federal Express or other overnight carrier,
to be delivered by way of overnight mail to the addresses indicated above.

Ri BY E-SERVICE: I caused such documents to be transmitted via email to the parties
indicated above, at their respective email addresses through the court’s e-filing website.

I declare under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.

Executed on March 17, 2015, at San Francisco, California.

UMAGA

Cristina Mitchell

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Proof of Service