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

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D. Douglas Shureen, SBN 124613

McMILLAN & SHUREEN LLP ELECTRONICALLY
50 Santa Rosa Avenue, Suite 200 FILED
Care sae eAoD 95404 Superior Court of California,
! ‘ounty of San Francisco
ro} 576-7955 (Fax) MAR 05 2015
Attorneys for Defendant/Cross-Complainant Clerk of the Court
JOEL ENRIQUE ANDINO SANCHEZ Oe eee Ooo

. Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

CASE No. CGC-11-515542 (Lead
Case) Consolidated with Case Nos.
CGC-12-519794 and CGC-13-529705

IDA CRISTINA CRUZ FUA, }
, )
vs. MOTION IN LIMINE #4: MOTION IN
LIMINE TO EXCLUDE WITNESSES
JOEL ENRIQUE ANDINO SANCHEZ, an ) FROM COURTROOM EXCEPT
individual, et al., j EXPERTS

Defendants. Date: March 9, 2015
Time: 9:30 a.m.

Dept.: 206
Action filed: 10/31/11

AND RELATED CROSS-ACTIONS.

Defendant/Cross-Complainant JOEL ENRIQUE ANDINO SANCHEZ, before trial
and the election of a jury, hereby moves for an order in limine to exclude all witnesses
from the courtroom except for expert witnesses and parties. Defendant specifically
requests that the court allow experts to be present in the courtroom to listen to the
testimony of expert witnesses in their field and to the testimony of fact witnesses relevant
to the basis for their opinions.

Under Evidence Code § 777, the trial court is given broad discretion to determine
whether a witness or witnesses should be excluded from the courtroom, so that such
witness or witnesses cannot hear the testimony of other witnesses. The court will not
abuse its discretion in allowing defendants’ expert witnesses to be in the courtroom while
plaintiff s expert witnesses aid percipient witnesses are testifying. Since the experts are

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MOTION IN LIMINE #4: MOTION IN LIMINE TO EXCLUDE WITNESSES FROM COURTROOM EXCEPT
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testifying as to their opinions, it is highly desirable that they should hear each other's

testimony to allow them to be able to understand and respond to the other expert's

opinions if necessary.

DATED: March ~*~ 2015 McMILLAN & SHUREEN Lip

oy QL

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D. Douglas Shureen

Attorneys for Defendant/Cross-
Complainant JOEL ENRIQUE
ANDINO SANCHEZ

MOTION IN LIMINE #4: MOTION IN LIMINE TO EXCLUDE WITNESSES FROM COURTROOM EXCEPT

EXPERTSoO 0 Om UN DW BW Ne

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FUA v. SANCHEZ, et al.
SAN FRANCISCO COUNTY SUPERIOR COURT CASE No. CGC-11-515542 (Lead
Case) Consolidated with Case Nos, CGC-12-519794 and CGC-13-529705

PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SONOMA

| am employed in the County of Sonoma, State of California. | am over the age of
18 and not a party to the within action: my business address is 50 Santa Rosa Avenue,
Suite 200, Santa Rosa, California 95404. On the date below indicated, and as
required by the Court’s Order re: Electronic Service of Pleadings in Case No. CGC-
41-515542 (Lead Case) Consolidated with Case Nos. CGC-12-519794 and CGC-13-
529705, | served on the interested parties through File and Serve Xpress in this
action the within document(s) described as:

MOTION IN LIMINE #4: MOTION IN LIMINE TO EXCLUDE WITNESSES FROM
: COURTROOM EXCEPT EXPERTS

on the recipients designated on the Transaction Receipt located on the File and Serve
Xpress website.

X_ (BY ELECTRONIC MAIL) Based on a-court order or an agreement of the parties to
accept service by electronic transmission, on March 4, 2015, | caused the
documents to be sent to the persons at the electronic notification addresses listed
above. | did not receive within a reasonable time after the transmission, any
electronic message or other indication that the transmission was unsuccessful.

PLEASE SEE ATTACHED SERVICE LIST.

X_ {BY MAIL) by placing the true copies thereof enclosed in sealed envelopes,
postage prepaid, addressed as noted below. | caused such envelope to be
deposited in the mail at Santa Rosa, California 95404. The envelope was mailed
with postage thereon fully prepaid. | am ‘readily familiar’ with our firm's practice of
collection and processing correspondence for mailing. it is deposited with the U.S.
postal service on that same day in the ordinary course of business. | am aware
that on motion of party served, service is presumed invalid if postal cancellation
date or postage meter date is more than 1 day after date of deposit for mailing in
affidavit.

Attorneys for Plaintiff
Mitchell E. Green, Esq. Allsiate Insurance Company
Law Offices of Mitchell E. Green
P.O, Box 630550
Simi Valley, CA 93063
Tel: (805) 823-0915
Fax: (805) 823-0916
MitchGreenLaw@aol.com

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MOTION IN LIMINE #4: MOTION IN LIMINE TO EXCLUDE WITNESSES FROM COURTROOM EXCEPT
EXPERTSoO DU MN OD OH RB BR NY

Thomas M. Downey, Esq.
Gregory H. McCormick, Esq.
Burnham Brown
P.O. Box 119
Oakland, CA 94604
Tel: (510) 444-6800

* Fax: (510) 835-6666
tdowney@burnhambrown.com
amecormick@bumhambrown.com

Attorneys for Defendants
San Francisco Independent Taxi
Association and Alan Da Silva

I declare under penalty of perjury under the laws of the State of California that the
above is true and correct, and that this declaration was executed on March 4, 2015 at

Santa Rosa, California.

RoseAnne Powell

hPa)

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MOTION IN LIMINE #4: MOTION IN LIMINE TO EXCLUDE WITNESSES FROM COURTROOM EXCEPT
EXPERTSFua v, Sanchez (lead case)
San Francisco County Superior Court Case No. CGC~-14-515542

Service List

Todd P. Emanuel, Esq, Attorneys for Plaintiff
Mark D. Rosenberg, Esq. Ida Cristina Cruz Fua
Emanuel Law Group

702 Marshail Street, Suite 400

Redwood City, CA 94063

Tel: (650) 369-8900

Fax: (650) 369-8999

Todd@TEiniurviaw.com

Mark@TEinjurylaw.com

Robert Peterson, Esq. Attorneys for Defendants/Cross-
Colin C. Munro, Esq. Defendants Yellow Cab
Christopher J. Weber, Esq. Cooperative, Inc., Taxi Equipment
Carlson, Calladine Peterson, LLP Leasing, LLC and Carcline Miller
353 Sacramento Street, 16th Floor

San Francisco, CA 94111

Tel: (415) 301-3911

Fax: (415) 391-3898

rpeterson@ccplaw.com

cmunro@ccplaw.com

eweber@ccplaw.com

Robert S. Aaron, Esq. Attorneys for Defendants/Cross-
Aaron & Wilson, LLP Defendants Yellow Cab

150 Post Street, Suite 400 Cooperative, Inc., Taxi Equipment
San Francisco, CA 94108 Leasing, LLC, Taxi Property

Tel: (415) 438-7800 Company, inc., Wolley, LLC,

Fax: (415) 438-7808 James Gillespie, Hal Mellegard,
rsaaron@aaron-wilson.com Nick Olsen, Pamela Martinez,

Richard Wiener, and Steven
Reimers