On May 20, 2009 a Motion,Ex Parte was filed involving a dispute between Juelch, Joyce, Juelch Sr, Norman, and 3M Company, 84 Lumber Company, 84 Lumber Company, A Limited Partnership, All Asbestos Defendants, Allis-Chalmers Corporation Product Liability Trust, Asbestos Defendants, Cbs Corporation, A Delaware Corporation, F K A, Chevron U.S.A. Inc., Consolidated Insulation, Inc., Csk Auto, Inc., Dillingham Construction N.A., Inc., Does 1-8500, Douglass Insulation Company, Inc., Garlock Sealing Technologies, Llc, General Electric Company, Genuine Parts Company, Hamilton Materials, Inc., J.T. Thorpe & Son, Inc., Kaiser Gypsum Company, Inc., Metalclad Insulation Corporation, Oscar E. Erickson, Inc., Pacific Gas And Electric Company, Pacipic Bell Telephone Company, Parker Hannifin Corporation, Quintec Industries, Inc., Redwood Plumbing Co., Inc., Santa Fe Braun, Inc., Sequoia Ventures Inc., Shell Oil Company, Thomas Dee Engineering Company, Timec Company, Inc., Tosco Refining Company, Inc., Union Carbide Corporation, Union Oil Company Of California, Unocal Corporation, for ASBESTOS in the District Court of San Francisco County.
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Preview
ROBERT M. CHANNEL, State Bar No. 109273 JAN P. DILLON, State Bar No. 203612 2 | WALSWORTH, FRANKLIN, BEVINS & McCALL, LLP ELECTRONICALLY 601 Montgomery Street, Ninth Floor 3 | San Francisco, California 94111-2612 cer ILED | Telephone: (415) 781-7072 te, 4||Facsimile: (415) 391-6258 County of San Francisco APR 01 2010 5 || Attorneys for Defendant Clerk of the Court HAMILTON MATERIALS, INC. BY: CHRISTLE ARRIOLA 6 Deputy Clerk 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 | JOYCE JUELCH AND NORMAN JUELCH, Case No. CGC-09-275212 12 Plaintiffs, DEFENDANT HAMILTON | MATERIALS, INC.'S MOTION IN 13 vs. LIMINE #5 FOR AN ORDER PRECLUDING EVIDENCE, 14 | ASBESTOS DEFENDANTS, et al., ARGUMENT OR REFERENCE TO PUNITIVE DAMAGES UNTIL 15 Defendants. PRELIMINARY FINDING OF MALICE, FRAUD OR OPPRESSION MADE BY 16 JURY 17 | Trial Date: April 5, 2010 18 TO THE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS: 19 | Defendant HAMILTON MATERIALS, INC. ("Defendant") hereby moves this Court for an 20 | order in limine precluding plaintiffs, his/her attorneys, and any witnesses called on his/her behalf at 21 | the time of trial, from arguing, presenting testimony or other evidence, or otherwise making 22 | reference to punitive damages until a preliminary finding of malice, fraud or oppression is made by 23 | the jury with respect to defendants specifically. 24 This motion is made on the grounds that defendants have an absolute right under both 25 | California statutory and case law to the exclusion of all evidence relating to any claim for punitive 26 j damages unless and until plaintiff proves defendant's liability for actual damages and a jury finding 27 | is made as to conduct by these defendants that constitutes "oppression, fraud or malice." Civ.C. §§ 28 | 3294 and 3295. -l- DEFENDANT HAMILTON MATERIALS, INC.'S MOTION IN LIMINE #5 FOR AN ORDER PRECLUDING goa DENCE. ARGUMENT OR REFERENCE TO PUNITIVE DAMAGES UNTIL PRELIMINARY FINDING OF 70,1 1155-5.2557Moreover, if plaintiffs are permitted to present evidence or argument to the jury about punitive damages during the initial liability phase of the trial, it will unduly prejudice defendants, and will only serve to confuse and mislead the jury into erroneously concluding that they should include amounts appropriate to punish or otherwise penalize defendants when in fact their consideration should be limited to the issue of punitive damages. (Evid.C. §§ 350-352.) This motion is based on the memorandum of points and authorities filed concurrently herewith, on the papers and records on file in this action and on such oral and documentary evidence as may be presented at the hearing of this motion. Dated: March _3O , 2010 WALS WORTH, FRANKLIN, BEVINS & McCALL, LLP ye (axe LL Robert M. Channel Tan P. Dillon Attorneys for Defendant HAMILTON MATERIALS, INC. -2- DEFENDANT HAMILTON MATERIALS, INC.'S MOTION IN LIMINE #5 FOR AN ORDER PRECLUDING EVIDENCE, ARGUMENT OR REFERENCE TO PUNITIVE DAMAGES UNTIL PRELIMINARY FINDING OF 8974701 1155-5.2557oO Oe WN DH HW BF WH & nN HY NY YN Ny NS hm — oe S&S F BSRkSERFERREDAESE AS 28 ‘Walsworth, Franklin, Bevins & ‘McCalt, LLP ATTORNEYS ATIAW PROOF OF SERVICE Tam employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action. My business address is 601 Montgomery Street, Ninth Floor, San Francisco, California 94111-2612. On March-422010, I served the within document(s) described as: DEFENDANT HAMILTON MATERIALS, INC.'S MOTION IN LIMINE #5 FOR AN ORDER PRECLUDING EVIDENCE, ARGUMENT OR REFERENCE TO PUNITIVE DAMAGES UNTIL PRELIMINARY FINDING OF MALICE, FRAUD OR OPPRESSION MADE BY JURY on the interested parties in this action as stated below: Brayton Purcell 222 Rush Landing Road P.O. Box 2109 Novato CA 94948 X] (BY ELECTRONIC FILING/SERVICE) I provided the document(s) listed above electronically to the LexisNexis File & Serve Website to the parties on the Service List maintained on the LexisNexis File & Serve Website for this case. If the document is provided to LexisNexis electronically by 5:00 p.m., then the document will be deemed served on the date that it was provided to LexisNexis. A copy of the "LexisNexis File & Serve Filing Receipt" page will be maintained with the original document(s) in our office. | Executed on March 2¢5 2010, at San Francisco, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Cheryl Liew ee (Type or print name) (Signature) -3- DEFENDANT HAMILTON MATERIALS, INC.'S MOTION IN LIMINE #5 FOR AN ORDER PRECLUDING EA PDENCE. ARGUMENT OR REFERENCE TO PUNITIVE DAMAGES UNTIL PRELIMINARY FINDING OF 1155-5.2557