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

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                                1 | FIDELITY NATIONAL LAW GROUP
HOWARD P. BRODY (SBN 65307)
2 | 915 Wilshire Boulevard, Suite 2100 ELECTRONICALLY
Los Angeles, California 90017 FILED
3 | Telephone: (213) 438-4414 Superior Court of California,
Facsimile: (213) 438-4417 County, 2 San Frapesee
4 | Email: howard.brody@fnf.com 06/02/2017
Clerk of the Court
5 BY:RONNIE OTERO
Attorneys for Plaintiff, Peres ecert
6 | COMMONWEALTH LAND TITLE
7 INSURANCE COMPANY
8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN FRANCISCO
10
COMMONWEALTH LAND TITLE CASE NO. CGC-10-503332
Il | INSURANCE COMPANY, (Consolidated for all purposes with CGC-11-
2 Plaintiffs, 312102)
: : THA Ra eNeR OME
FEDEX OFFICE AND PRINT SERVICES, LE INSU: MPA,
t INC.; WINSTON LUM; KAUSHAL MOTION IN LIMINE NO. 4 TO
15 | NIROULA; JAY CHANDRAKANT SHAH; | PRECLUDE ANY REFERENCE TO
ELVIA PALOMINO; MORAD AFRAIMI; SETTLEMENT DISCUSSIONS,
16 MELVIN LEE EMERICH; MARTINI & SETTLEMENT AGREEMENTS, AND
CHNOOGLE; GRACHELLE LANGUBAN, SETTLEMENT PROPOSALS
17 | MERCHANTS BONDING COMPANY, and
DOES 1-25, inclusive,
Trial Date: June 12, 2017
18 Defendants. Time: 9:30 a.m.
Dept.: 206
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7 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
95 PLAINTIFF COMMONWEALTH LAND TITLE INSURANCE COMPANY moves the
7 Court in limine, before trial and before the selection of a jury, for an order precluding Defendants,
97 their counsel, witnesses, and experts, from any references to settlement discussions, proposed
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148678 1 }_
PLAINTIFF COMMONWEALTH LAND TITLE INSURANCE COMPANY'S MOTION IN LIMINE NO. 4TO PRECLUDE ANY |

REFERENCE TO SETTLEMENT DISCUSSIONS, SETTLEMENT AGREEMENTS, AND SETTLEMENT PROPOSALS1.486)

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settlement agreements, and settlement offers or demands or introducing evidence of, referring to,
or otherwise commenting on the fact that settlement discussions have taken place.

This motion is made on the grounds that it is irrelevant to this lawsuit whether Plaintiffs
engaged in settlement discussions in this proceeding. This motion is also made on the grounds
that the introduction of such evidence would be highly prejudicial to these Plaintiffs and not
curable by an admonition of the Court in the event of its admission.

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 NATIONAL LAW GROUP

EO

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

TOTION IN LIMINE NO. 4 TO PREG
ENTS, AND SETTLEMENT PROPDOCUMENT PREPARED:
DN REE IC

we

be

5
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Le PAPER

PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

State of California. I am over the age of
ss address is 915 Wilshire

Tam employed in the County of Los Angeles
eighteen years and not a party to the within entitled action; my bus
Blvd., Suite 2100, Los Angeles, California 90017.

On June 2, 2017, I served the foregoing document(s) described as:

PLAINT: ire COMMONWE: ALTH LAND TEPLE INSL RANCE COMPANY'S MOTION

: o AN eMENT

TLEM NT PROPOSALS;
"LARATION OF HOWARD P.

DISCL SIONS,
MEMORANDUM O} POINTS AND AU
BRODY IN SUPPORT THEREOF

on the interested parties in said action:

(X]_ By placing the original and/or a true copy thereof enclosed in a sealed envelope
addressed as follows:

SEE ATTACHED SERVICE LIST

t] (BY MAIL) I deposited such envelope in an internal collection basket. The envelope was
mailed with postage thereon fully prepaid from Los les, California. Tam readily familiar
with the tirm’s practice of collection and proce orrespondence for mailing. It is deposited
with the U.S. Postal Service on that same day in the ordinary course of business. Tam aware that
on motion of party served, servi presumed invalid if a postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.

[] (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the
offices of the addressee.

[X] (BY GSO OVERNIGHT) [ delivered to an authorized driver authorized by GSO.
(GOLDE) TE OVERNIGHT) to receive documents, in an envelope or package designated
by GSO (GOLDEN STATE OVERNIGHT) with delivery fees paid or provided tor, addressed to
the person on who it is to be served, at the office addre: last given by that person on any
document filed in the cause and se on the party making service: or at that party’s place of
residence.

U] {FACSIMILE) | faxed such document from Los Angeles, California to the facsimile

s) shown on the attached service list. The sending facsimile machine number is 2
¢ transmission was reporte complete and without error and the transmission report
was properly issued by the transmitting facsimile machine.

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

Executed on June 2. 2017, at Los Angeles, Calilg

FROOF OF SERVICEoOo IN DH RB WN

Ss

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DOCUMENT PREPARED
(ON RECYCLED PAPER

SERVICE LIST

Commonwealth Land Title Insurance Company v. FedEx Office and Print Services Inc., et al.
Superior Court of California, County of'San Francisco

Attorney for Shirley Hwang
Morgan Lopez, Esq.

Glynn & Finley, LLP

One Walnut Creek Center

100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596

Fax: (925) 945-1975

milo, )GlynnFinley.com

Attorney for Elvia Palomino
Craig J. Bassett, Esq.

25 W First Street

Morgan Hill CA 95037

cbassett@garlic.com

Attorney Pro Se
Melvin L. Emerich
B10-337
4546 El Camino Real
Los Altos, CA 94022

mlemerich@yahoo.com

In Pro Per Defendant
Morad Afraimi

912 Edgecliff Drive
Reno, NV 89523

Case No. CGC-10-503332

In Pro Per Defendant

Jay C. Shah

A03101, Rm No. 6-123
California Medical facility
P.O. Box 2000

Vacaville, CA 95696

In Pro Per Defendant
Winston Lum

25 Forest Side Ave.

San Francisco, CA 94127

In Pro Per Defendant
Kaushal Niroula
ANI518

Mule Creek State Prison
P.O. Box 409099

Tone, CA 95640

PROOF OF SERVICE