Motion,Ex Parte: COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS)

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FIDELITY NATIONAL LAW GROUP
HOWARD P. BRODY (SBN 65307)

915 Wilshire Boulevard, Suite 2100 ELECTRONICALLY
Los Angeles, California 90017 FILED
Telephone: (213) 438-4414 Superior Court of California,
Facsimile: (213) 438-4417 county 2 an eansce
Email: howard.brody@fnf.com 06/02/2017
Clerk of the Court
BY:RONNIE OTERO
Attorneys for Plaintiff, eee seer
COMMONWEALTH LAND TITLE
INSURANCE COMPANY

SUPERIOR COURT FOR THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO

COMMONWEALTH LAND TITLE CASE NO. CGC-10-503332
INSURANCE COMPANY, (Consolidated for all purposes with CGC-11-
Plaintiffs, 312102)

i PLAINTIFF COMMONWEALTH LAND

FEDEX OFFICE AND PRINT SERVICES, TITLE INSURANCE COMPANY’S

INC.; WINSTON LUM; KAUSHAL MOTION IN LIMINE NO. 5 TO
NIROULA; JAY CHANDRAKANT SHAH; PRECLUDE EVIDENCE OF CONTRARY
ELVIA PALOMINO; MORAD AFRAIMI; FACTS AND OPINIONS CONCERNING
MELVIN LEE EMERICH; MARTINI & THE FINDING OF GUILT OR PLEA OF

CHNOOGLE; GRACHELLE LANGUBAN, GUILT OF THE DEFENDANTS
MERCHANTS BONDING COMPANY, and
DOES 1-25, inclusive,

Defendants. Trial Date: June 12, 2017
Time: 9:30 a.m.
Dept.: 206

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
PLAINTIFF COMMONWEALTH LAND TITLE INSURANCE COMPANY moves the
Court in limine, before trial and before the selection of a jury, for an order precluding Defendants,

their counsel, witnesses, and experts, from introducing any testimony, evidence, argument

1

PLAINTIFF COMMONWEALTH LAND TITLE INSURANCE COMPANY'S MOTION IN LIMINE NO. 5 TO PRECLUDE
EVIDENCE OF CONTRARY FACTS AND OPINIONS CONCERNING THE FINDING OF GUILT OR PLEA OF GUILT48678

BR ow

controverting their guilt, mitigation of their guilt or disputing any finding by the criminal court in
the related companion criminal case. (Note: See Plaintiff's RJN).

The Motion is based on the grounds of the doctrine of collateral estoppel which prevents
the relitigation of issues if (1) the issue decided in a prior adjudication is identical with that
presented in the action in question; and (2) there was a final judgment on the merits; aad (3) the
party against whom the plea is asserted was a party or in privity with a party to the prior
adjudication.” (Clemmer v. Hartford Insurance Co, (1978) 22 Cal.3d 865, 874. 1ST Cal.Rptr.

285, 587 P.2d 1098 (Clemmer). That's exactly what we have here.

This motion is based upon this notice, the attached memorandum of points and authorities,

the relevant sections of California's Code of Civil Procedure and cases addressing said sections,
upon all pleadings on file hearing, and upon whatever additional evidence that may be presented

prior to or at the time of the hearing on this motion.

Dated: June 1, 2017 FIDELITY NAT, AL LAW GROUP

“Lh

HOWARD P. BRODY, Esq.
Attorney for Plaintiff
COMMONWEALTH LAND TITLE
INSURANCE COMPANY

COMPANY'S MOTION IN LIMINE NO. 5 TO PRECLUDE
NCERNING THE FINDING OF GUILT OR PLEA QF GUILT.

MMONWEALTH LAND TITLE INSURA:
* CONTRARY FACTS AND OPINIONS €

PLAINTIFE
EVIDED1 PROOF OF SERVICE

2 | STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

7 Tam employed in the County of Los Angeles, State of California. [am over the ¢
eighteen years and not a party to the within entitled action: my business address is 915 Wilshire
4] Blvd, Suite 2100, Los Angeles, California 90017.
5 On June 2, 2017, I served the foregoing document(s) described as:
6 PLAINTIFF COMMONWEALTH LAND TITLE INSURANCE COMPANY'S MOTION
‘ Ti iC i: OF CONTRARY FACTS AND
7 F T {A OF GUILT OF THE
I MEMORANDUM OF PO. AND AUTHORITIES; DECLARATION
8 OF HOWARD P. BRODY IN SUPPORT THEREOF
9 on the interested parties in said action: |
: ae 7 : |
10 [LX] By placing the original and/or a true copy thereof enclosed in a sealed envelope
u addressed as follo’
P SEE ATTACHED SERVICE LIST

24 tl (BY MAIL) 1 deposited such envelope in an internal ¢ jon basket, The envelope was
13 | mailed with pos thereon fully prepaid from Los Angeles. California. | am readily familiar
with the firm's p ¢ of collection and processing ec ondence for mailing. It is deposited
14] 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'a postal cancellation date or postage

13 | meter date is more than one day after date of deposit for maili fidavit.

|

|
itd (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the i

16

7 offices of the addressee. |
| IX] (BY GSO OVERNIGHT) | delivered to an authorized driver authorized by GSO |

18 | (GOLDEN STATE ERNIGHT) to receive documents, in an envelope or package designated |

y fees paid or provided for, addressed to |
‘en by that person on any |
: or at that party’s place of

by GSO (GOLDEN OVERNIGHT) with deli
19 | the person on who it is to be served, at the office address as last
document filed in the cause and served on the party making servic
residence.

{] (FACSIMILE) | faxed such document from Los Angeles, California to the facsimile
number(s) shown on the attached service list. The sending facsimile machine number is 213-438-
4417. The transmission was reported as comp and without error and the transmission report
was properly issued by the transmitting facsimile machine.

{X] (STATE) I declare under the penalty of perjury under the laws of the State of California. |
that the foregoing is true and correct.

235 Executed on June 2, 2017, at Los Angeles, California.
\
6 by
ATO
27) ] GRACE OVIATT

PROOF OF SERVICE1
SERVICE LIST
2 Commonwealth Land Title Insurance Company v. FedEx Office and Print Services Inc., et al.
Superior Court of California, County of San Francisco
3 Case No. CGC-10-503332
4 Attorney for Shirley Hwang In Pro Per Defendant
5 Morgan Lopez, Esq. Jay C. Shah
Glynn & Finley, LLP 03101, Rm No. 6-123
6 One Walnut Creek Center California Medical facility
100 Pringle Avenue, Suite 500 P.O. Box 2000
7 Walnut Creek, CA 94596 Vacaville, CA 95696
Fax: (925) 945-1975
8 milo GI ‘inley.com
9
10 Attorney for Elvia Palomino oe 7 Defendant
Craig J. Bassett, Esq. ‘inston Lum
11 25 W First Street 25 Forest Side Ave.
Morgan Hill CA 95037 San Francisco, CA 94127
12 cbassett@garlic.com
13
14
Attorney Pro Se In Pro Per Defendant
15 Melvin L. Emerich Kaushal Niroula
B10-337 7
16 | 4546 El Camino Real Cee eae aneoeo te
17 | Los Altos, CA 94022 Tone, CA 95640
mlemerich@yahoo.com
18
19 In Pro Per Defendant
20 Morad Afraimi
912 Edgecliff Drive
21 Reno, NV 89523
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Document Preraneo
ON RECYCLED PAPER

PROOF OF SERVICE