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1 ABHIRAJ CHOWDHURY, ESQ. (SBN 318447)
PHILIP M. ANDERSEN & ASSOCIATES
2 Employees of the Law Department
State Farm Mutual Automobile Insurance Company ELECTRONICALLY
3 4450 Rosewood Drive, Suite 450 F I L E D
Pleasanton, CA 94588 Superior Court of California,
4 Telephone: (925) 225-6838
County of San Francisco
Facsimile: (855) 732-9437 02/26/2020
5 Clerk of the Court
Attorneys for Defendants BY: RONNIE OTERO
Deputy Clerk
6 CHRISTINA M. DE ANDA AND OSVALDO ZAVALA
7
8
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SAN FRANCISCO / UNLIMITED JURISDICTION
10
11 KRISTINE SLOANE WESTWOOD, NO. CGC-18-565082
12 Plaintiff, DEFENDANTS’ MOTION IN LIMINE NO.
13 v. 14 TO EXCLUDE ANY TESTIMONY
CONCERNING NEW TRUCK AS AN
14 OSVALDO ZAVALA, ELEMENT OF DAMAGES
CHRISTINA MARIA DEANDRA, AND
15 DOES 1 TO 15,
16 MIL NO. 14
Defendants.
17 TRIAL DATE: 03/02/2020
TIME: 9:30 AM
18 DEPT: 206
19
20 Defendant, CHRISTINA M. DE ANDA AND OSVALDO ZAVALA, submits the
21 following points and authorities in support of their in limine motion to exclude any and all
22 testimony or evidence concerning plaintiff’s need for a new truck as an element of
23 damages:
24 I. INTRODUCTION
25 It is anticipated that plaintiff will attempt to testify that she required a new truck as
26 a result of the accident and that the cost of the new truck is an element of her damages.
27 This testimony (and evidence) is improper. First, plaintiff was already compensated for
28 her property damage by State Farm as well as her loss of use, therefore she is not entitled
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____________________________________________
Motion in Limine No. 14 to Exclude Testimony Concerning New Truck As An Element of Damages
1 to additional compensation or additional damages by making a claim that she requires a
2 new vehicle from the accident. Second, there is no evidence from an expert that repairs
3 to plaintiff’s truck was somehow inadequate. Third, the evidence is entirely speculative.
4 Defendants’ motion in limine should be granted.
5 II. BACKGROUND
6 This case arises from a two-vehicle rear-end accident that occurred on May 26,
7 2016 eastbound on Highway 101 on the Bay Bridge.
8 As a result of the accident, plaintiff made a claim for her property damage and
9 personal injuries. On or about September 13, 2016, plaintiff was compensated by
10 defendant’s insurance carrier, State Farm, for the loss of use her truck, and payment was
11 made to plaintiff’s repair shop F. Lofrano & Son, Inc. on or about September 22, 2016 for
12 property damage and repairs to plaintiff’s truck. (See, Ex. A attached to the Declaration
13 of ABHIRAJ CHOWDHURY)
14 It is anticipated that plaintiff may attempt to testify or introduce evidence, as an
15 element of her damages that she required a new truck from the accident. However, this is
16 improper as plaintiff was already compensated for the cost of repairs to her vehicle. Thus,
17 under California law, she cannot assert, as an element of damages, that she requires a
18 new truck.
19
20 III. LEGAL DISCUSSION
21 A. Plaintiff Cannot Claim as an Element of Damages a New Truck
22 In general, the law in California is that plaintiff is entitled to either the cost of repair
23 the vehicle or the cost to replace the vehicle:
24
“Plaintiff may recover the reasonable cost of repairs as well as
25 compensation for the loss of use while the repairs are being
accomplished. If the cost of repairs exceeds the depreciation in value
26
the plaintiff may only recover the lesser sum. Similarly, if depreciation
27 is greater than the cost of repairs, the plaintiff may only recover
the reasonable cost of repairs. If the property is wholly destroyed,
28 the usual measure of damages is the market value of the property.”
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____________________________________________
Motion in Limine No. 14 to Exclude Testimony Concerning New Truck As An Element of Damages
(Hand Electronics, Inc. v. Snowline Joint Unified School Dist. (1994)
1 21 Cal.App.4th 862, 870.)
2
3
4 As noted above, it is anticipated that plaintiff may testify or offer evidence that she requires
5 a new truck as a result of the accident. However, this is improper as plaintiff was already
6 compensated for her cost of repairing the truck. (See, Ex. A attached to the Declaration of
7 ABHIRAJ CHOWDHURY.) Plaintiff cannot “double dip” and ask, as an additional element
8 of damages for the cost of a new truck since she was already compensated for the repairs
9 to her vehicle due to the accident. Because defendants already paid the cost of repairing
10 plaintiff’s truck, plaintiff should be barred from claiming that she should be compensated
11 for a new truck as an element of her damages. Such as request would be substantially
12 prejudicial to defendants and create a windfall to plaintiff.
13
14 B. Evidence That Plaintiff Required a New Truck is Entirely Speculative.
15
16 In Furstruck v. City of Fairfax, (1963) 212 Cal.App.2d 345, 367, 28 Cal.Rptr. 357,
17 the First District Court of Appeal held:
18
19 "Whatever the proper measure of damages may be, in a given case, the recovery
20 therefor is still subject to the fundamental rule that damages which are speculative,
21 remote, imaginary, contigent (sic), or merely possible cannot serve as a legal basis
22 for recovery (citations). Moreover, even where damages are recoverable for
23 prospective detriment, the occurrence of such detriment must be shown with such
24 degree of probability as amounts to a reasonable certainty that such detriment will
25 result from the original injury (Khan v. Southern Pac. Co., 132 Cal.App.2d 410, 416,
26 282 P.2d 78)."
27 Evidence concerning speculative damages is inadmissible and would only serve to
28 prejudice or mislead a jury.
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____________________________________________
Motion in Limine No. 14 to Exclude Testimony Concerning New Truck As An Element of Damages
1 In the present case, defendant anticipates that plaintiff will claim that she requires
2 a new truck due to the accident. However, there is no testimony or evidence from an
3 expert that the repairs to plaintiff’s truck was somehow inadequate. This requires an
4 expert opinion, which plaintiff does not have. Therefore, any suggestion or testimony to
5 that effect is entirely speculative in nature as plaintiff has failed to produce any evidence
6 or documents reflecting that the repairs were somehow inadequate. In fact, plaintiff has
7 produced no competent evidence demonstrating this. As such, any testimony would be
8 prejudicial to the defendants and would mislead the jury.
9
10 IV. CONCLUSION
11 For the foregoing reasons, defendants requests that the Court grant their motion in
12 limine precluding plaintiff from commenting upon or testifying concerning plaintiff’s alleged
13 need for a new truck as an element of her damages.
14
Dated: February 21, 2020 PHILIP M. ANDERSEN & ASSOCIATES
15
16
17 Abhiraj Chowdhury
Attorneys for Defendants
18 CHRISTINA M. DE ANDA and OSVALDO
ZAVALA
19
Electronic signature pursuant to Civil Code §1633.7(d).
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____________________________________________
Motion in Limine No. 14 to Exclude Testimony Concerning New Truck As An Element of Damages
1 ABHIRAJ CHOWDHURY, ESQ. (SBN 318447)
PHILIP M. ANDERSEN & ASSOCIATES
2 Employees of the Law Department
State Farm Mutual Automobile Insurance Company
3 4450 Rosewood Drive, Suite 450
Pleasanton, CA 94588
4 Telephone: (925) 225-6838
Facsimile: (855) 732-9437
5
Attorneys for Defendants
6 CHRISTINA M. DE ANDA AND OSVALDO ZAVALA
7
8
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SAN FRANCISCO / UNLIMITED JURISDICTION
10
11 KRISTINE SLOANE WESTWOOD, NO. CGC-18-565082
12 Plaintiff, DECLARATION OF COUNSEL IN
13 v. SUPPORT OF DEFENDANTS’ MOTION
IN LIMINE NO. 14 TO EXCLUDE ANY
14 OSVALDO ZAVALA, TESTIMONY CONCERNING NEW
CHRISTINA MARIA DEANDRA, AND TRUCK AS AN ELEMENT OF DAMAGES
15 DOES 1 TO 15,
16
Defendants. MIL NO. 14
17
TRIAL DATE: 03/02/2020
18 TIME: 9:30 AM
DEPT: 206
19
I, ABHIRAJ CHOWDHURY declare and state as follows:
20
1. I am an attorney at law licensed to practice in the State of California, and I
21
am an associate with the Law Offices of Philip M. Andersen & Associates, attorneys of
22
record herein for defendants CHRISTINA M. DE ANDA AND OSVALDO ZAVALA. I have
23
personal knowledge as to the matters stated herein, and if called upon to do so, I could
24
and would competently testify thereto.
25
2. Attached hereto as Exhibit A is a true and correct copy of the property
26
damage estimate and the payment made by defendant’s insurance carrier, State Farm for
27
the repairs made to plaintiff’s truck. (See, Ex. A attached hereto)
28
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____________________________________________
Declaration of Counsel ISO Motion in Limine No. 14 to Exclude Testimony Concerning New Truck As An
Element of Damages
1
2 I declare under the penalty of perjury under the laws of the State of California that
3 the foregoing is true and correct.
4
5 Executed this 26 day of February 2020 in Pleasanton, California.
6
7
8 Abhiraj Chowdhury
Attorneys for Defendants
9 CHRISTINA M. DE ANDA and OSVALDO
ZAVALA
10
Electronic signature pursuant to Civil Code §1633.7(d).
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____________________________________________
Declaration of Counsel ISO Motion in Limine No. 14 to Exclude Testimony Concerning New Truck As An
Element of Damages
PROOF OF SERVICE
1
Westwood v. Deandra, et al.
2 San Francisco Superior Court Case No. CGC-18-565082
3 I, the undersigned, declare that I am a resident of the United States; employed in
the City of Pleasanton and County of Alameda, State of California; over the age of 18
4 years; not a party to the within entitled cause; and my business address is 4450 Rosewood
Drive, Suite 450, Pleasanton, CA 94588.
5
On February 26, 2020, I served the within document(s),
6
DECLARATION OF COUNSEL IN SUPPORT OF DEFENDANTS’ MOTION IN
7 LIMINE NO. 14 TO EXCLUDE ANY TESTIMONY CONCERNING NEW TRUCK AS
AN ELEMENT OF DAMAGES
8
9
on the interested parties in this action as follows:
10
D. Gill Sperlein, Esq.
11 The Law Office of D. Gill Sperlein
345 Grove Street
12 San Francisco, CA 94102
13 [ ] [By Facsimile Machine (FAX)] By use of facsimile machine telephone number (855) 732-9437,
I served a true copy of the aforementioned document(s) on the parties in said action by
14 transmitting by facsimile machine to the numbers as set forth above on this date before 5:00
p.m.
15
[ ] [By mail] I am familiar with my employer’s practice for the collection and processing of
16 correspondence for mailing with the United States Postal Service and that each day’s mail is
deposited with the United States Postal Service that same day in the ordinary course of
17 business. On the date set forth above, I served the aforementioned document(s) on the parties
in said action by placing a true copy thereof enclosed in a sealed envelope with postage thereon
18 fully prepaid, for collection and mailing on this date, following ordinary business practices, at
Pleasanton, California, addressed as set forth above.
19
[ ] [By Personal Service] By personally delivering a true copy thereof to the office of the addressee
20 above.
21 [ x ] [By Courier] By causing a true copy and/or original thereof to be personally delivered to the
office of the addressee above via the following courier service: Specialized Legal Services.
22
[ ] [By Express Mail] By depositing copies of the above documents in a box or other facility
23 regularly maintained by United Parcel Service in an envelope or package designated by United
Parcel Service with delivery fees paid or provided.
24
I declare under penalty of perjury under the laws of the State of California that the
25 above is true and correct, and that this declaration was executed on February 26, 2020,
at Pleasanton, California.
26
Luke Fornwald
27
28
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____________________________________________
Proof of Service
EXHIBIT A
Workfile ID: bfa5046b
F. LOFRANO & SON, INC. 17TH ST Federal ID: 94-2501901
Call Us First! State EPA: CAL000145305
3355 17TH STREET, SAN FRANCISCO, CA 94110 BAR: ARD00227231
Phone: (415) 865-8400
FAX: (415) 865-8420
Supplement of Record 6 with Summary
RO Number: 12674
Written By: Kien Dao, 9/21/2016 8:27:29 AM
Adjuster: Yescas, Ruben, (844) 292-8615 x309 Day
Insured: Insured, State Farm Policy #: Claim #: 05-885K-88902
Type of Loss: Liability Date of Loss:5/26/2016 12:45 PM Days to Repair:
23
Point of Impact:
06 Rear
Owner: Inspection Location: Insurance Company:
WESTWOOD, CRISTINE F. LOFRANO & SON, INC. 17TH ST STATE FARM INSURANCE COMPANIES
3355 17TH STREET
OAKLAND, CA 94618-2314 SAN FRANCISCO, CA 94110
(312) 450- Evening Repair Facility
(312) 450 Other (415) 865-8400 Day
Vehicle Drop Off Date: 06/06/2016 Promise Date: 10/06/2016 Repair Start Date: 09/06/2016
Repair Completion Date: 09/16/2016 Vehicle Pick Up/Return 09/16/2016
Date:
VEHICLE
2014 TOYO TACOMA 4X4 DOUBLECAB 4D SHORT 6-4.0L-FI GOLD MET
VIN: 3TMLU4EN5EM135461 Interior Color: Mileage In: 58,014 Vehicle Out:9/16/2016
License:8M98886 Exterior Color: GOLD MET Mileage Out:
State: CA Production Date: 9/2013 Condition: Job #:
TRANSMISSION Tilt Wheel AM Radio Intermittent Wipers
6 Speed Transmission Telescopic Wheel FM Radio EXTERIOR
4 Wheel Drive BRAKES Stereo Power Mirrors
Overdrive Power Brakes Search/Seek Dual Mirrors
Traction Control Anti-Lock Brakes (4) CD Player PICKUP/VAN EQUIPMENT
SEATS Positraction INTERIOR Rear Step Bumper
Bucket Seats GLASS Power Locks Bedliner
Cloth Seats Tinted Glass Air Conditioning PAINT
Lumbar Adjustment Power Windows Driver Air Bag Clear Coat Paint
Reclining Seats WHEELS Passenger Air Bag
STEERING Styled Steel Wheels Front Side Impact Air Bags
Power Steering RADIO Console/Storage
9/21/2016 8:27:31 AM 084406 Page 1
Supplement of Record 6 with Summary
RO Number: 12674
2014 TOYO TACOMA 4X4 DOUBLECAB 4D SHORT 6-4.0L-FI GOLD MET
Line Oper Description Part Number Qty Extended Labor Paint
Price $
1 FRONT BUMPER
2 S02 R&I R&I bumper assy Incl.
3 S02 R&I RT Hole cover w/o fog lamps 0.1
4 S02 R&I LT Hole cover w/o fog lamps 0.1
5 S02 R&I Upper retainer center 0.1
6 S02 R&I RT Upper retainer side 0.1
7 S02 R&I LT Upper retainer side 0.1
8 S02 Repl RT Bumper filler 5250204900 1 37.50 0.1 0.4
9 S02 Add for Clear Coat 0.1
10 S02 R&I LT Bumper filler 0.1
11 S02 R&I Reinforcement 0.3
12 S02 R&I RT Cover extn 0.4
13 S02 R&I LT Cover extn 0.4
14 S02 R&I RT Support arm 0.2
15 S02 R&I LT Support arm 0.2
16 S02 R&I RT Reinf bracket 0.3
17 S02 R&I LT Reinf bracket 0.3
18 S02 R&I Lower grille 0.2
19 GRILLE
20 S02 R&I R&I grille assy Incl.
21 * S02 R&I Temp sensor 0.2
22 FRONT LAMPS
23 S02 R&I RT Headlamp assy 0.3
24 S02 R&I LT Headlamp assy 0.3
25 S02 R&I RT Fog lamp assy 0.3
26 S02 R&I LT Fog lamp assy 0.3
27 RADIATOR SUPPORT
28 S03 R&I Splash shield front Incl.
29 S03 R&I Splash shield rear Incl.
30 COOLING
31 R&I Radiator auto trans m Incl.
32 # S02 Repl COOLANT 00272SLLC2 2 44.34
33 * R&I Trans cooler m 0.8
34 S03 R&I Shroud m Incl.
35 AIR CONDITIONER & HEATER
36 R&I Condenser m 2.0
37 # S02 Subl A/C RECHARGE 1 72.00 X
38 ** S02 Repl Non OEM FREON 1 51.60
39 HOOD
40 S03 R&I R&I hood assy Incl.
41 FENDER
42 S02 R&I RT Wheel opng mldg w/o 0.3
X-Runner
9/21/2016 8:27:31 AM 084406 Page 2
Supplement of Record 6 with Summary
RO Number: 12674
2014 TOYO TACOMA 4X4 DOUBLECAB 4D SHORT 6-4.0L-FI GOLD MET
43 S02 R&I LT Wheel opng mldg w/o 0.3
X-Runner
44 S02 R&I RT R&I fender assy Incl.
45 S03 Deduct for Overlap -0.4
46 S02 R&I LT R&I fender assy Incl.
47 S03 Deduct for Overlap -0.4
48 S02 R&I RT Fender liner w/flare 0.3
49 S02 R&I LT Fender liner w/flare 0.3
50 S02 R&I RT Protector 0.1
51 S02 Repl RT Fender liner grommet 9018906236 10 6.60
52 S02 Repl LT Fender liner grommet 9018906236 10 6.60
53 S02 R&I LT Protector 0.1
54 S02 Repl RT Flare clip type 1 (orange) 7539535070 8 26.00
55 S02 Repl LT Flare clip type 1 (orange) 7539535070 8 26.00
56 S02 Repl LT Flare clip type 2 (blue) 7539635020 14 15.26
57 S02 Repl RT Flare clip type 2 (blue) 7539635020 14 15.26
58 FRAME
59 Repl Frame assy 4.0 liter w/Double 5100104706 1 5,906.70 28.0
Cab w/o PreRunner
60 Add for 4 wheel drive 2.0
61 * S04 Repl Trailer hitch factory installed 5190804010 1 1,195.49 0.6
62 # S02 Repl LT RECEIVER TRAILER HITCH 51998-04020 1 41.37 0.2
63 # S02 Repl RT RECEIVER TRAILER HITCH 51998-04020 1 41.37 0.2
64 # S02 Repl BODY SUPPORT HOLDER 51719-04010 3 30.27 Incl.
65 # S02 Repl BODY MOUNTING BOLTS 52217-04060 2 16.60
66 # S02 Repl CAB MOUNTING CUSHION UPPER 52201-04040 2 31.60
67 # S02 Repl TUBE 90440-16007 2 14.48
68 # S02 Repl CAB MOUNTING CUSHION 52202-04030 2 31.60
LOWER
69 # S02 Repl WASHER PLATE 90201-10012 2 2.76
70 # S02 Repl LOCK NUT 90177-A0010 2 2.64
71 ELECTRICAL
72 S02 R&I Battery 575 cca m 0.4
73 S02 R&I Tray w/o cold spec 0.2
74 S02 R&I High note horn m 0.2
75 S02 R&I Low note horn m Incl.
76 * S02 R&I Actuator assy w/long wheelbase m 1.8
w/tow package
77 S02 R&I Camera 0.5
78 ENGINE
79 R&I R&I engine assy m Incl.
80 EXHAUST SYSTEM
81 Rpl exhaust system m 1.4
82 * R&I Front pipe m Incl.
83 * R&I Converter & pipe m Incl.
84 * R&I Muffler & pipe long wheel base m Incl.
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Supplement of Record 6 with Summary
RO Number: 12674
2014 TOYO TACOMA 4X4 DOUBLECAB 4D SHORT 6-4.0L-FI GOLD MET
85 S02 Repl Front pipe seal 9008043036 1 10.11 Incl.
86 EMISSION SYSTEM
87 S02 R&I Vapor canister m 0.4
88 WHEELS
89 R&I LT/Front R&I wheel m 0.1
90 R&I RT/Front R&I wheel m 0.1
91 R&I LT/Rear R&I wheel m 0.1
92 R&I RT/Rear R&I wheel m 0.1
93 FRONT SUSPENSION
94 S03 O/H frt susp rt & lt m 7.8
95 S03 O/H frt susp lt m Incl.
96 * S03 R&I LT Upper cntrl arm m Incl.
97 S03 O/H frt susp rt m Incl.
98 * S02 R&I RT Rotor m Incl.
99 * S02 R&I LT Rotor m Incl.
100 * S02 R&I RT Hub m Incl.
101 * S02 R&I LT Hub m Incl.
102 * S03 R&I Difrntal carrier 4.0 liter m 3.0
103 S03 R&I LT Axle assy m 1.5
104 S03 R&I RT Axle assy m 1.5
105 S03 R&I Stabilizer bar w/o Off Road m 0.9
package
106 * S03 R&I LT Stabilizer link m 0.4
107 * S03 R&I RT Stabilizer link m 0.4
108 * S03 R&I LT Lower cntrl arm m Incl.
109 S03 Deduct for Overlap -0.2
110 * S03 R&I RT Lower cntrl arm m Incl.
111 S03 Deduct for Overlap -0.2
112 * S03 R&I LT Knuckle m Incl.
113 S03 Deduct for Overlap -1.0
114 S03 Deduct for Overlap -0.2
115 S03 Deduct for Overlap Incl.
116 S03 Deduct for Overlap Incl.
117 * S03 R&I RT Knuckle m Incl.
118 S03 Deduct for Overlap -1.0
119 S03 Deduct for Overlap -0.2
120 S03 Deduct for Overlap Incl.
121 * S03 R&I LT Strut 4.0 liter w/Off Road m Incl.
package
122 S03 Deduct for Overlap Incl.
123 * S03 R&I RT Strut 4.0 liter w/Off Road m Incl.
package
124 S03 Deduct for Overlap Incl.
125 * S03 R&I RT Upper cntrl arm m Incl.
126 S03 Deduct for Overlap Incl.
127 STEERING GEAR & LINKAGE
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Supplement of Record 6 with Summary
RO Number: 12674
2014 TOYO TACOMA 4X4 DOUBLECAB 4D SHORT 6-4.0L-FI GOLD MET
128 R&I R&I gear assy m Incl.
129 SEATS & TRACKS
130 S03 R&I LT R&I front seat 0.5
131 S03 R&I RT R&I front seat 0.5
132 S03 R&I LT R&I rear seat 0.8
133 S03 R&I RT R&I rear seat 0.8
134 PICK UP BOX
135 * Rpr LT Side panel w/o longbed 0.5 3.1
136 S03 Overlap Minor Panel -0.2
137 Add for Clear Coat 1.2
138 # Refn BASECOAT DEDUCTION -0.4
139 * Rpr RT Side panel w/o longbed 0.2 3.1
140 Overlap Major Non-Adj. Panel -0.2
141 Add for Clear Coat 0.6
142 # Refn BASECOAT DEDUCTION -0.4
143 R&I LT Wheelhouse liner w/o longbed 0.3
144 R&I RT Wheelhouse liner w/o longbed 0.3
145 * S02 Repl LT Wheelhouse liner grommet 9018906236 15 9.90
146 Blnd Fuel door w/o longbed 0.2
147 * S02 Repl RT Wheelhouse liner grommet 9018906236 15 9.90
148 R&I LT Protector w/o longbed 0.4
149 R&I RT Protector w/o longbed 0.4
150 R&I LT Flare w/o longbed 0.5
151 R&I RT Flare w/o longbed 0.5
152 * S02 Repl LT Decal "TRD SPORT" red 7599604070D0 1 54.82 0.3
153 * S02 Repl RT Decal "TRD SPORT" red 7599604070D0 1 54.82 0.3
154 * S02 Repl LT Flare pad w/o longbed 7565904050 1 15.63
155 * S02 Repl RT Flare pad w/o longbed 7565904050 1 15.63
156 * S02 Repl LT Flare clip type 2 (blue) 7539635020 7 7.63
157 * S02 Repl LT Flare clip type 1 (orange) 7539535070 3 9.75
158 * S02 Repl RT Flare clip type 1 (orange) 7539535070 3 9.75
159 R&I LT Mud guard 4WD 0.2
160 * S02 Repl RT Flare clip type 2 (blue) 7539635020 7 7.63
161 R&I RT Mud guard 4WD 0.2
162 * R&I LT Side panel w/o longbed 5.0
163 * R&I RT Side panel w/o longbed 4.5
164 S02 Repl RT Corner trim 6257104010 1 32.30
165 S02 Repl LT Corner trim 6257204010 1 32.30
166 S02 Repl RT Corner trim clip 9046710107 6 7.92
167 S02 Repl LT Corner trim clip 9046710107 6 7.92
168 S03 R&I R&I tailgate assy 0.4
169 FUEL SYSTEM
170 R&I R&I fuel tank m Incl.
171 # S01 Rpr Drain fuel 0.5
172 R&I Filler pipe m 1.0
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Supplement of Record 6 with Summary
RO Number: 12674
2014 TOYO TACOMA 4X4 DOUBLECAB 4D SHORT 6-4.0L-FI GOLD MET
173 R&I Protector w/Off Road pkg m 0.5
174 R&I Pipe shield Double Cab w/o 0.4
longbed
175 REAR SUSPENSION
176 R&I R&I axle housing as an assy m Incl.
177 Repl Bleed brake system w/ABS 1 m 0.5
178 * R&I LT Leaf spring assy Access & m 1.0
Double Cab 2 leaf
179 * R&I RT Leaf spring assy Access & m 1.0
Double Cab 2 leaf
180 * R&I LT Shock w/o Off Road package m 0.6
181 * R&I RT Shock w/o Off Road package m 0.6
182 REAR LAMPS
183 R&I LT Tail lamp assy w/o LED 0.2
184 R&I RT Tail lamp assy w/o LED 0.2
185 O/H rear bumper 1.8
186 S02 Repl LT License lamp 816900C022 1 35.74 Incl.
187 S02 R&I RT License lamp Incl.
188 S02 R&I High mount lamp 0.2
189 REAR BUMPER
190 * S02 Repl Bumper w/SR5 package w/Sport 5215104907 1 229.57 Incl. 2.4
pkg
191 Add for Clear Coat 1.0
192 * S02 Repl Reinforce bar 5204304010 1 207.67 Incl.
193 S02 Repl LT Side plate 5216404021 1 54.82 0.3
194 * S02 Re
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1 ABHIRAJ CHOWDHURY, ESQ. (SBN 318447) PHILIP M. ANDERSEN & ASSOCIATES 2 Employees of the Law Department State Farm Mutual Automobile Insurance Company ELECTRONICALLY 3 4450 Rosewood Drive, Suite 450 F I L E D Pleasanton, CA 94588 Superior Court of California, 4 Telephone: (925) 225-6838 County of San Francisco Facsimile: (855) 732-9437 02/26/2020 5 Clerk of the Court Attorneys for Defendants BY: RONNIE OTERO Deputy Clerk 6 CHRISTINA M. DE ANDA AND OSVALDO ZAVALA 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO / UNLIMITED JURISDICTION 10 11 KRISTINE SLOANE WESTWOOD, NO. CGC-18-565082 12 Plaintiff, DEFENDANTS’ MOTION IN LIMINE NO. 13 v. 14 TO EXCLUDE ANY TESTIMONY CONCERNING NEW TRUCK AS AN 14 OSVALDO ZAVALA, ELEMENT OF DAMAGES CHRISTINA MARIA DEANDRA, AND 15 DOES 1 TO 15, 16 MIL NO. 14 Defendants. 17 TRIAL DATE: 03/02/2020 TIME: 9:30 AM 18 DEPT: 206 19 20 Defendant, CHRISTINA M. DE ANDA AND OSVALDO ZAVALA, submits the 21 following points and authorities in support of their in limine motion to exclude any and all 22 testimony or evidence concerning plaintiff’s need for a new truck as an element of 23 damages: 24 I. INTRODUCTION 25 It is anticipated that plaintiff will attempt to testify that she required a new truck as 26 a result of the accident and that the cost of the new truck is an element of her damages. 27 This testimony (and evidence) is improper. First, plaintiff was already compensated for 28 her property damage by State Farm as well as her loss of use, therefore she is not entitled -1- ____________________________________________ Motion in Limine No. 14 to Exclude Testimony Concerning New Truck As An Element of Damages 1 to additional compensation or additional damages by making a claim that she requires a 2 new vehicle from the accident. Second, there is no evidence from an expert that repairs 3 to plaintiff’s truck was somehow inadequate. Third, the evidence is entirely speculative. 4 Defendants’ motion in limine should be granted. 5 II. BACKGROUND 6 This case arises from a two-vehicle rear-end accident that occurred on May 26, 7 2016 eastbound on Highway 101 on the Bay Bridge. 8 As a result of the accident, plaintiff made a claim for her property damage and 9 personal injuries. On or about September 13, 2016, plaintiff was compensated by 10 defendant’s insurance carrier, State Farm, for the loss of use her truck, and payment was 11 made to plaintiff’s repair shop F. Lofrano & Son, Inc. on or about September 22, 2016 for 12 property damage and repairs to plaintiff’s truck. (See, Ex. A attached to the Declaration 13 of ABHIRAJ CHOWDHURY) 14 It is anticipated that plaintiff may attempt to testify or introduce evidence, as an 15 element of her damages that she required a new truck from the accident. However, this is 16 improper as plaintiff was already compensated for the cost of repairs to her vehicle. Thus, 17 under California law, she cannot assert, as an element of damages, that she requires a 18 new truck. 19 20 III. LEGAL DISCUSSION 21 A. Plaintiff Cannot Claim as an Element of Damages a New Truck 22 In general, the law in California is that plaintiff is entitled to either the cost of repair 23 the vehicle or the cost to replace the vehicle: 24 “Plaintiff may recover the reasonable cost of repairs as well as 25 compensation for the loss of use while the repairs are being accomplished. If the cost of repairs exceeds the depreciation in value 26 the plaintiff may only recover the lesser sum. Similarly, if depreciation 27 is greater than the cost of repairs, the plaintiff may only recover the reasonable cost of repairs. If the property is wholly destroyed, 28 the usual measure of damages is the market value of the property.” -2- ____________________________________________ Motion in Limine No. 14 to Exclude Testimony Concerning New Truck As An Element of Damages (Hand Electronics, Inc. v. Snowline Joint Unified School Dist. (1994) 1 21 Cal.App.4th 862, 870.) 2 3 4 As noted above, it is anticipated that plaintiff may testify or offer evidence that she requires 5 a new truck as a result of the accident. However, this is improper as plaintiff was already 6 compensated for her cost of repairing the truck. (See, Ex. A attached to the Declaration of 7 ABHIRAJ CHOWDHURY.) Plaintiff cannot “double dip” and ask, as an additional element 8 of damages for the cost of a new truck since she was already compensated for the repairs 9 to her vehicle due to the accident. Because defendants already paid the cost of repairing 10 plaintiff’s truck, plaintiff should be barred from claiming that she should be compensated 11 for a new truck as an element of her damages. Such as request would be substantially 12 prejudicial to defendants and create a windfall to plaintiff. 13 14 B. Evidence That Plaintiff Required a New Truck is Entirely Speculative. 15 16 In Furstruck v. City of Fairfax, (1963) 212 Cal.App.2d 345, 367, 28 Cal.Rptr. 357, 17 the First District Court of Appeal held: 18 19 "Whatever the proper measure of damages may be, in a given case, the recovery 20 therefor is still subject to the fundamental rule that damages which are speculative, 21 remote, imaginary, contigent (sic), or merely possible cannot serve as a legal basis 22 for recovery (citations). Moreover, even where damages are recoverable for 23 prospective detriment, the occurrence of such detriment must be shown with such 24 degree of probability as amounts to a reasonable certainty that such detriment will 25 result from the original injury (Khan v. Southern Pac. Co., 132 Cal.App.2d 410, 416, 26 282 P.2d 78)." 27 Evidence concerning speculative damages is inadmissible and would only serve to 28 prejudice or mislead a jury. -3- ____________________________________________ Motion in Limine No. 14 to Exclude Testimony Concerning New Truck As An Element of Damages 1 In the present case, defendant anticipates that plaintiff will claim that she requires 2 a new truck due to the accident. However, there is no testimony or evidence from an 3 expert that the repairs to plaintiff’s truck was somehow inadequate. This requires an 4 expert opinion, which plaintiff does not have. Therefore, any suggestion or testimony to 5 that effect is entirely speculative in nature as plaintiff has failed to produce any evidence 6 or documents reflecting that the repairs were somehow inadequate. In fact, plaintiff has 7 produced no competent evidence demonstrating this. As such, any testimony would be 8 prejudicial to the defendants and would mislead the jury. 9 10 IV. CONCLUSION 11 For the foregoing reasons, defendants requests that the Court grant their motion in 12 limine precluding plaintiff from commenting upon or testifying concerning plaintiff’s alleged 13 need for a new truck as an element of her damages. 14 Dated: February 21, 2020 PHILIP M. ANDERSEN & ASSOCIATES 15 16 17 Abhiraj Chowdhury Attorneys for Defendants 18 CHRISTINA M. DE ANDA and OSVALDO ZAVALA 19 Electronic signature pursuant to Civil Code §1633.7(d). 20 21 22 23 24 25 26 27 28 -4- ____________________________________________ Motion in Limine No. 14 to Exclude Testimony Concerning New Truck As An Element of Damages 1 ABHIRAJ CHOWDHURY, ESQ. (SBN 318447) PHILIP M. ANDERSEN & ASSOCIATES 2 Employees of the Law Department State Farm Mutual Automobile Insurance Company 3 4450 Rosewood Drive, Suite 450 Pleasanton, CA 94588 4 Telephone: (925) 225-6838 Facsimile: (855) 732-9437 5 Attorneys for Defendants 6 CHRISTINA M. DE ANDA AND OSVALDO ZAVALA 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO / UNLIMITED JURISDICTION 10 11 KRISTINE SLOANE WESTWOOD, NO. CGC-18-565082 12 Plaintiff, DECLARATION OF COUNSEL IN 13 v. SUPPORT OF DEFENDANTS’ MOTION IN LIMINE NO. 14 TO EXCLUDE ANY 14 OSVALDO ZAVALA, TESTIMONY CONCERNING NEW CHRISTINA MARIA DEANDRA, AND TRUCK AS AN ELEMENT OF DAMAGES 15 DOES 1 TO 15, 16 Defendants. MIL NO. 14 17 TRIAL DATE: 03/02/2020 18 TIME: 9:30 AM DEPT: 206 19 I, ABHIRAJ CHOWDHURY declare and state as follows: 20 1. I am an attorney at law licensed to practice in the State of California, and I 21 am an associate with the Law Offices of Philip M. Andersen & Associates, attorneys of 22 record herein for defendants CHRISTINA M. DE ANDA AND OSVALDO ZAVALA. I have 23 personal knowledge as to the matters stated herein, and if called upon to do so, I could 24 and would competently testify thereto. 25 2. Attached hereto as Exhibit A is a true and correct copy of the property 26 damage estimate and the payment made by defendant’s insurance carrier, State Farm for 27 the repairs made to plaintiff’s truck. (See, Ex. A attached hereto) 28 -1- ____________________________________________ Declaration of Counsel ISO Motion in Limine No. 14 to Exclude Testimony Concerning New Truck As An Element of Damages 1 2 I declare under the penalty of perjury under the laws of the State of California that 3 the foregoing is true and correct. 4 5 Executed this 26 day of February 2020 in Pleasanton, California. 6 7 8 Abhiraj Chowdhury Attorneys for Defendants 9 CHRISTINA M. DE ANDA and OSVALDO ZAVALA 10 Electronic signature pursuant to Civil Code §1633.7(d). 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- ____________________________________________ Declaration of Counsel ISO Motion in Limine No. 14 to Exclude Testimony Concerning New Truck As An Element of Damages PROOF OF SERVICE 1 Westwood v. Deandra, et al. 2 San Francisco Superior Court Case No. CGC-18-565082 3 I, the undersigned, declare that I am a resident of the United States; employed in the City of Pleasanton and County of Alameda, State of California; over the age of 18 4 years; not a party to the within entitled cause; and my business address is 4450 Rosewood Drive, Suite 450, Pleasanton, CA 94588. 5 On February 26, 2020, I served the within document(s), 6 DECLARATION OF COUNSEL IN SUPPORT OF DEFENDANTS’ MOTION IN 7 LIMINE NO. 14 TO EXCLUDE ANY TESTIMONY CONCERNING NEW TRUCK AS AN ELEMENT OF DAMAGES 8 9 on the interested parties in this action as follows: 10 D. Gill Sperlein, Esq. 11 The Law Office of D. Gill Sperlein 345 Grove Street 12 San Francisco, CA 94102 13 [ ] [By Facsimile Machine (FAX)] By use of facsimile machine telephone number (855) 732-9437, I served a true copy of the aforementioned document(s) on the parties in said action by 14 transmitting by facsimile machine to the numbers as set forth above on this date before 5:00 p.m. 15 [ ] [By mail] I am familiar with my employer’s practice for the collection and processing of 16 correspondence for mailing with the United States Postal Service and that each day’s mail is deposited with the United States Postal Service that same day in the ordinary course of 17 business. On the date set forth above, I served the aforementioned document(s) on the parties in said action by placing a true copy thereof enclosed in a sealed envelope with postage thereon 18 fully prepaid, for collection and mailing on this date, following ordinary business practices, at Pleasanton, California, addressed as set forth above. 19 [ ] [By Personal Service] By personally delivering a true copy thereof to the office of the addressee 20 above. 21 [ x ] [By Courier] By causing a true copy and/or original thereof to be personally delivered to the office of the addressee above via the following courier service: Specialized Legal Services. 22 [ ] [By Express Mail] By depositing copies of the above documents in a box or other facility 23 regularly maintained by United Parcel Service in an envelope or package designated by United Parcel Service with delivery fees paid or provided. 24 I declare under penalty of perjury under the laws of the State of California that the 25 above is true and correct, and that this declaration was executed on February 26, 2020, at Pleasanton, California. 26 Luke Fornwald 27 28 -3- ____________________________________________ Proof of Service EXHIBIT A Workfile ID: bfa5046b F. LOFRANO & SON, INC. 17TH ST Federal ID: 94-2501901 Call Us First! State EPA: CAL000145305 3355 17TH STREET, SAN FRANCISCO, CA 94110 BAR: ARD00227231 Phone: (415) 865-8400 FAX: (415) 865-8420 Supplement of Record 6 with Summary RO Number: 12674 Written By: Kien Dao, 9/21/2016 8:27:29 AM Adjuster: Yescas, Ruben, (844) 292-8615 x309 Day Insured: Insured, State Farm Policy #: Claim #: 05-885K-88902 Type of Loss: Liability Date of Loss:5/26/2016 12:45 PM Days to Repair: 23 Point of Impact: 06 Rear Owner: Inspection Location: Insurance Company: WESTWOOD, CRISTINE F. LOFRANO & SON, INC. 17TH ST STATE FARM INSURANCE COMPANIES 3355 17TH STREET OAKLAND, CA 94618-2314 SAN FRANCISCO, CA 94110 (312) 450- Evening Repair Facility (312) 450 Other (415) 865-8400 Day Vehicle Drop Off Date: 06/06/2016 Promise Date: 10/06/2016 Repair Start Date: 09/06/2016 Repair Completion Date: 09/16/2016 Vehicle Pick Up/Return 09/16/2016 Date: VEHICLE 2014 TOYO TACOMA 4X4 DOUBLECAB 4D SHORT 6-4.0L-FI GOLD MET VIN: 3TMLU4EN5EM135461 Interior Color: Mileage In: 58,014 Vehicle Out:9/16/2016 License:8M98886 Exterior Color: GOLD MET Mileage Out: State: CA Production Date: 9/2013 Condition: Job #: TRANSMISSION Tilt Wheel AM Radio Intermittent Wipers 6 Speed Transmission Telescopic Wheel FM Radio EXTERIOR 4 Wheel Drive BRAKES Stereo Power Mirrors Overdrive Power Brakes Search/Seek Dual Mirrors Traction Control Anti-Lock Brakes (4) CD Player PICKUP/VAN EQUIPMENT SEATS Positraction INTERIOR Rear Step Bumper Bucket Seats GLASS Power Locks Bedliner Cloth Seats Tinted Glass Air Conditioning PAINT Lumbar Adjustment Power Windows Driver Air Bag Clear Coat Paint Reclining Seats WHEELS Passenger Air Bag STEERING Styled Steel Wheels Front Side Impact Air Bags Power Steering RADIO Console/Storage 9/21/2016 8:27:31 AM 084406 Page 1 Supplement of Record 6 with Summary RO Number: 12674 2014 TOYO TACOMA 4X4 DOUBLECAB 4D SHORT 6-4.0L-FI GOLD MET Line Oper Description Part Number Qty Extended Labor Paint Price $ 1 FRONT BUMPER 2 S02 R&I R&I bumper assy Incl. 3 S02 R&I RT Hole cover w/o fog lamps 0.1 4 S02 R&I LT Hole cover w/o fog lamps 0.1 5 S02 R&I Upper retainer center 0.1 6 S02 R&I RT Upper retainer side 0.1 7 S02 R&I LT Upper retainer side 0.1 8 S02 Repl RT Bumper filler 5250204900 1 37.50 0.1 0.4 9 S02 Add for Clear Coat 0.1 10 S02 R&I LT Bumper filler 0.1 11 S02 R&I Reinforcement 0.3 12 S02 R&I RT Cover extn 0.4 13 S02 R&I LT Cover extn 0.4 14 S02 R&I RT Support arm 0.2 15 S02 R&I LT Support arm 0.2 16 S02 R&I RT Reinf bracket 0.3 17 S02 R&I LT Reinf bracket 0.3 18 S02 R&I Lower grille 0.2 19 GRILLE 20 S02 R&I R&I grille assy Incl. 21 * S02 R&I Temp sensor 0.2 22 FRONT LAMPS 23 S02 R&I RT Headlamp assy 0.3 24 S02 R&I LT Headlamp assy 0.3 25 S02 R&I RT Fog lamp assy 0.3 26 S02 R&I LT Fog lamp assy 0.3 27 RADIATOR SUPPORT 28 S03 R&I Splash shield front Incl. 29 S03 R&I Splash shield rear Incl. 30 COOLING 31 R&I Radiator auto trans m Incl. 32 # S02 Repl COOLANT 00272SLLC2 2 44.34 33 * R&I Trans cooler m 0.8 34 S03 R&I Shroud m Incl. 35 AIR CONDITIONER & HEATER 36 R&I Condenser m 2.0 37 # S02 Subl A/C RECHARGE 1 72.00 X 38 ** S02 Repl Non OEM FREON 1 51.60 39 HOOD 40 S03 R&I R&I hood assy Incl. 41 FENDER 42 S02 R&I RT Wheel opng mldg w/o 0.3 X-Runner 9/21/2016 8:27:31 AM 084406 Page 2 Supplement of Record 6 with Summary RO Number: 12674 2014 TOYO TACOMA 4X4 DOUBLECAB 4D SHORT 6-4.0L-FI GOLD MET 43 S02 R&I LT Wheel opng mldg w/o 0.3 X-Runner 44 S02 R&I RT R&I fender assy Incl. 45 S03 Deduct for Overlap -0.4 46 S02 R&I LT R&I fender assy Incl. 47 S03 Deduct for Overlap -0.4 48 S02 R&I RT Fender liner w/flare 0.3 49 S02 R&I LT Fender liner w/flare 0.3 50 S02 R&I RT Protector 0.1 51 S02 Repl RT Fender liner grommet 9018906236 10 6.60 52 S02 Repl LT Fender liner grommet 9018906236 10 6.60 53 S02 R&I LT Protector 0.1 54 S02 Repl RT Flare clip type 1 (orange) 7539535070 8 26.00 55 S02 Repl LT Flare clip type 1 (orange) 7539535070 8 26.00 56 S02 Repl LT Flare clip type 2 (blue) 7539635020 14 15.26 57 S02 Repl RT Flare clip type 2 (blue) 7539635020 14 15.26 58 FRAME 59 Repl Frame assy 4.0 liter w/Double 5100104706 1 5,906.70 28.0 Cab w/o PreRunner 60 Add for 4 wheel drive 2.0 61 * S04 Repl Trailer hitch factory installed 5190804010 1 1,195.49 0.6 62 # S02 Repl LT RECEIVER TRAILER HITCH 51998-04020 1 41.37 0.2 63 # S02 Repl RT RECEIVER TRAILER HITCH 51998-04020 1 41.37 0.2 64 # S02 Repl BODY SUPPORT HOLDER 51719-04010 3 30.27 Incl. 65 # S02 Repl BODY MOUNTING BOLTS 52217-04060 2 16.60 66 # S02 Repl CAB MOUNTING CUSHION UPPER 52201-04040 2 31.60 67 # S02 Repl TUBE 90440-16007 2 14.48 68 # S02 Repl CAB MOUNTING CUSHION 52202-04030 2 31.60 LOWER 69 # S02 Repl WASHER PLATE 90201-10012 2 2.76 70 # S02 Repl LOCK NUT 90177-A0010 2 2.64 71 ELECTRICAL 72 S02 R&I Battery 575 cca m 0.4 73 S02 R&I Tray w/o cold spec 0.2 74 S02 R&I High note horn m 0.2 75 S02 R&I Low note horn m Incl. 76 * S02 R&I Actuator assy w/long wheelbase m 1.8 w/tow package 77 S02 R&I Camera 0.5 78 ENGINE 79 R&I R&I engine assy m Incl. 80 EXHAUST SYSTEM 81 Rpl exhaust system m 1.4 82 * R&I Front pipe m Incl. 83 * R&I Converter & pipe m Incl. 84 * R&I Muffler & pipe long wheel base m Incl. 9/21/2016 8:27:31 AM 084406 Page 3 Supplement of Record 6 with Summary RO Number: 12674 2014 TOYO TACOMA 4X4 DOUBLECAB 4D SHORT 6-4.0L-FI GOLD MET 85 S02 Repl Front pipe seal 9008043036 1 10.11 Incl. 86 EMISSION SYSTEM 87 S02 R&I Vapor canister m 0.4 88 WHEELS 89 R&I LT/Front R&I wheel m 0.1 90 R&I RT/Front R&I wheel m 0.1 91 R&I LT/Rear R&I wheel m 0.1 92 R&I RT/Rear R&I wheel m 0.1 93 FRONT SUSPENSION 94 S03 O/H frt susp rt & lt m 7.8 95 S03 O/H frt susp lt m Incl. 96 * S03 R&I LT Upper cntrl arm m Incl. 97 S03 O/H frt susp rt m Incl. 98 * S02 R&I RT Rotor m Incl. 99 * S02 R&I LT Rotor m Incl. 100 * S02 R&I RT Hub m Incl. 101 * S02 R&I LT Hub m Incl. 102 * S03 R&I Difrntal carrier 4.0 liter m 3.0 103 S03 R&I LT Axle assy m 1.5 104 S03 R&I RT Axle assy m 1.5 105 S03 R&I Stabilizer bar w/o Off Road m 0.9 package 106 * S03 R&I LT Stabilizer link m 0.4 107 * S03 R&I RT Stabilizer link m 0.4 108 * S03 R&I LT Lower cntrl arm m Incl. 109 S03 Deduct for Overlap -0.2 110 * S03 R&I RT Lower cntrl arm m Incl. 111 S03 Deduct for Overlap -0.2 112 * S03 R&I LT Knuckle m Incl. 113 S03 Deduct for Overlap -1.0 114 S03 Deduct for Overlap -0.2 115 S03 Deduct for Overlap Incl. 116 S03 Deduct for Overlap Incl. 117 * S03 R&I RT Knuckle m Incl. 118 S03 Deduct for Overlap -1.0 119 S03 Deduct for Overlap -0.2 120 S03 Deduct for Overlap Incl. 121 * S03 R&I LT Strut 4.0 liter w/Off Road m Incl. package 122 S03 Deduct for Overlap Incl. 123 * S03 R&I RT Strut 4.0 liter w/Off Road m Incl. package 124 S03 Deduct for Overlap Incl. 125 * S03 R&I RT Upper cntrl arm m Incl. 126 S03 Deduct for Overlap Incl. 127 STEERING GEAR & LINKAGE 9/21/2016 8:27:31 AM 084406 Page 4 Supplement of Record 6 with Summary RO Number: 12674 2014 TOYO TACOMA 4X4 DOUBLECAB 4D SHORT 6-4.0L-FI GOLD MET 128 R&I R&I gear assy m Incl. 129 SEATS & TRACKS 130 S03 R&I LT R&I front seat 0.5 131 S03 R&I RT R&I front seat 0.5 132 S03 R&I LT R&I rear seat 0.8 133 S03 R&I RT R&I rear seat 0.8 134 PICK UP BOX 135 * Rpr LT Side panel w/o longbed 0.5 3.1 136 S03 Overlap Minor Panel -0.2 137 Add for Clear Coat 1.2 138 # Refn BASECOAT DEDUCTION -0.4 139 * Rpr RT Side panel w/o longbed 0.2 3.1 140 Overlap Major Non-Adj. Panel -0.2 141 Add for Clear Coat 0.6 142 # Refn BASECOAT DEDUCTION -0.4 143 R&I LT Wheelhouse liner w/o longbed 0.3 144 R&I RT Wheelhouse liner w/o longbed 0.3 145 * S02 Repl LT Wheelhouse liner grommet 9018906236 15 9.90 146 Blnd Fuel door w/o longbed 0.2 147 * S02 Repl RT Wheelhouse liner grommet 9018906236 15 9.90 148 R&I LT Protector w/o longbed 0.4 149 R&I RT Protector w/o longbed 0.4 150 R&I LT Flare w/o longbed 0.5 151 R&I RT Flare w/o longbed 0.5 152 * S02 Repl LT Decal "TRD SPORT" red 7599604070D0 1 54.82 0.3 153 * S02 Repl RT Decal "TRD SPORT" red 7599604070D0 1 54.82 0.3 154 * S02 Repl LT Flare pad w/o longbed 7565904050 1 15.63 155 * S02 Repl RT Flare pad w/o longbed 7565904050 1 15.63 156 * S02 Repl LT Flare clip type 2 (blue) 7539635020 7 7.63 157 * S02 Repl LT Flare clip type 1 (orange) 7539535070 3 9.75 158 * S02 Repl RT Flare clip type 1 (orange) 7539535070 3 9.75 159 R&I LT Mud guard 4WD 0.2 160 * S02 Repl RT Flare clip type 2 (blue) 7539635020 7 7.63 161 R&I RT Mud guard 4WD 0.2 162 * R&I LT Side panel w/o longbed 5.0 163 * R&I RT Side panel w/o longbed 4.5 164 S02 Repl RT Corner trim 6257104010 1 32.30 165 S02 Repl LT Corner trim 6257204010 1 32.30 166 S02 Repl RT Corner trim clip 9046710107 6 7.92 167 S02 Repl LT Corner trim clip 9046710107 6 7.92 168 S03 R&I R&I tailgate assy 0.4 169 FUEL SYSTEM 170 R&I R&I fuel tank m Incl. 171 # S01 Rpr Drain fuel 0.5 172 R&I Filler pipe m 1.0 9/21/2016 8:27:31 AM 084406 Page 5 Supplement of Record 6 with Summary RO Number: 12674 2014 TOYO TACOMA 4X4 DOUBLECAB 4D SHORT 6-4.0L-FI GOLD MET 173 R&I Protector w/Off Road pkg m 0.5 174 R&I Pipe shield Double Cab w/o 0.4 longbed 175 REAR SUSPENSION 176 R&I R&I axle housing as an assy m Incl. 177 Repl Bleed brake system w/ABS 1 m 0.5 178 * R&I LT Leaf spring assy Access & m 1.0 Double Cab 2 leaf 179 * R&I RT Leaf spring assy Access & m 1.0 Double Cab 2 leaf 180 * R&I LT Shock w/o Off Road package m 0.6 181 * R&I RT Shock w/o Off Road package m 0.6 182 REAR LAMPS 183 R&I LT Tail lamp assy w/o LED 0.2 184 R&I RT Tail lamp assy w/o LED 0.2 185 O/H rear bumper 1.8 186 S02 Repl LT License lamp 816900C022 1 35.74 Incl. 187 S02 R&I RT License lamp Incl. 188 S02 R&I High mount lamp 0.2 189 REAR BUMPER 190 * S02 Repl Bumper w/SR5 package w/Sport 5215104907 1 229.57 Incl. 2.4 pkg 191 Add for Clear Coat 1.0 192 * S02 Repl Reinforce bar 5204304010 1 207.67 Incl. 193 S02 Repl LT Side plate 5216404021 1 54.82 0.3 194 * S02 Re