On August 10, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Bush, Lori,
Dignity Health, A Califonia Corporation,
and
Dignity Health, A Califonia Corporation,
St. Bernadine Medical Center A Business Entity Unknown,
Total Professional Network, Inc,
for Medical Malpractice Unlimited
in the District Court of San Bernardino County.
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(SPACE BELOW FOR FILING STAMP ONLY)
DIAMOND 81 DRAGOJEVIC, LLP
2 1860 BURBANK BOULEVARD, SUITE 370
WOODLAND HILLS, CALIFORNIA 91367
TELEPHONE (818) 340—1009
SCOTT R. DIAMOND, STATE BAR NO. 93706
JULIA DRAGOJEVIC, STATE BAR NO. 93734
OONQMAUJN
Attorneys for Defendant/Cross-Defendant, TOTAL
PROFESSIONAL NETWORK, INC., sued
and served herein as DOE l
Paola Hemandez Danny
SUPERIOR COURT OF THE STATE OF CALIFORNIA
\O
COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT -
10
11
LORI BUSH, an individual;
CASE NO. CIVDSl613161
[Assigned to Hon. John M. Pacheco
12
in Dept. S31 for all purposes]
Plaintiff,
13
MOTION IN LIMINE TO PRECLUDE ANY
REFERENCE TO THE EFFECT OF
14
CALIFORNIA CIVIL CODE §3333.2 OR
CALIFORNIA CODE OF CIVIL
15
PROCEDURE §667.7;
16
DECLARATION OF SCOTT R. DIAMOND;
17
MEMORANDUM OF POINTS AND
AUTHORITIES
18
[Number 5]
19
20
Trial Readiness Conference:
Date: 2/10/22
21 ST. BERNARDINE MEDICAL
Time: 9:00 a.m.
CENTER, a business entity form
Dept: S31
22 unknown; DIGNITY HEALTH, a
California Corporation; and DOES 1
Trial:
23 through 200, inclusive,
Date: 2/14/22
Time: 10:00 am.
24 Defendants.
Dept: S31
25
AND RELATED CROSS-ACTIONS. [Complaint Filed: 8/1 0/16]
26
27 Defendant/Cross—Defendant, Total Professional Network, Inc., sued and served
28 herein as Doe 1 (hereinafter “defendant”), respectfillly requests that this Court issue its
1
C:\Users\FR\My
ShareSync\W\RME\OB\OO1O MOTION IN LIMINE TO PRECLUDE ANY REFERENCE TO TEE EFFECT OF CALIFORNIA CIVIL CODE §3333.2 OR CALIFORNIA CODE OF CIVIL
7\MlLS\MIL-005,wpd PROCEDURE §667.7; DECLARATION OF SCOTT R. DIAMOND; MEMORANDUM OF POINTS AND AUTHORITIES [Number 5]
order in limine prohibiting any reference to the fact that plaintiff‘s non-economic damages
are limited to Two Hundred-Fifty Thousand Dollars ($250,000.00) pursuant t0 California
Civil Code Section 3333.2, and that any future damages that can be paid in periodic
payments. Defendant is concerned that plaintiff’ s counsel may make such a reference and
therefore requests that Plaintiff’ s attorney be instructed and admonished never to make
such a reference in the presence of the jury 0r prospective jurors during the pendency 0f
this action.
This Motion is based upon Evidence Code Section 352, the Court file in this action,
the accompanying Memorandum of Points and Authorities, and the Declaration of Scott R.
10 Diamond.
11
12 DATED: January 5, 2022
13 Respectfully submitted,
14 DIAMOND & DRAGOJEVIC, LLP
15
16
17
By M WW
SCOTT R. DIAMOND
Attorneys for Defendant/Cross—Defendant, TOTAL
18 PROFESSIONAL NETWORK, INC., sued and served herein
as DOE 1
19
20
21
22
23
24
25
26
27
28
C:\Users\Robinson\My 2
ShareSync\VV\RME\0 B\001 0 MOTION IN LIMINE TO PRECLUDE ANY REFERENCE TO THE EFFECT OF CALIFORNIA CIVIL CODE §3333.2 OR CALIFORNIA CODE OF CIVIL
7\MILS\M|L-005.wpd PROCEDURE §667‘7; DECLARATION OF SCOTT R, DIAMOND; MEMORANDUM OF POINTS AND AUTHORITIES [Number
5|
Document Filed Date
February 10, 2022
Case Filing Date
August 10, 2016
Category
Medical Malpractice Unlimited
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\y (SPACE BELOW FOR FILING STAMP ONLY) DIAMOND 81 DRAGOJEVIC, LLP 2 1860 BURBANK BOULEVARD, SUITE 370 WOODLAND HILLS, CALIFORNIA 91367 TELEPHONE (818) 340—1009 SCOTT R. DIAMOND, STATE BAR NO. 93706 JULIA DRAGOJEVIC, STATE BAR NO. 93734 OONQMAUJN Attorneys for Defendant/Cross-Defendant, TOTAL PROFESSIONAL NETWORK, INC., sued and served herein as DOE l Paola Hemandez Danny SUPERIOR COURT OF THE STATE OF CALIFORNIA \O COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT - 10 11 LORI BUSH, an individual; CASE NO. CIVDSl613161 [Assigned to Hon. John M. Pacheco 12 in Dept. S31 for all purposes] Plaintiff, 13 MOTION IN LIMINE TO PRECLUDE ANY REFERENCE TO THE EFFECT OF 14 CALIFORNIA CIVIL CODE §3333.2 OR CALIFORNIA CODE OF CIVIL 15 PROCEDURE §667.7; 16 DECLARATION OF SCOTT R. DIAMOND; 17 MEMORANDUM OF POINTS AND AUTHORITIES 18 [Number 5] 19 20 Trial Readiness Conference: Date: 2/10/22 21 ST. BERNARDINE MEDICAL Time: 9:00 a.m. CENTER, a business entity form Dept: S31 22 unknown; DIGNITY HEALTH, a California Corporation; and DOES 1 Trial: 23 through 200, inclusive, Date: 2/14/22 Time: 10:00 am. 24 Defendants. Dept: S31 25 AND RELATED CROSS-ACTIONS. [Complaint Filed: 8/1 0/16] 26 27 Defendant/Cross—Defendant, Total Professional Network, Inc., sued and served 28 herein as Doe 1 (hereinafter “defendant”), respectfillly requests that this Court issue its 1 C:\Users\FR\My ShareSync\W\RME\OB\OO1O MOTION IN LIMINE TO PRECLUDE ANY REFERENCE TO TEE EFFECT OF CALIFORNIA CIVIL CODE §3333.2 OR CALIFORNIA CODE OF CIVIL 7\MlLS\MIL-005,wpd PROCEDURE §667.7; DECLARATION OF SCOTT R. DIAMOND; MEMORANDUM OF POINTS AND AUTHORITIES [Number 5] order in limine prohibiting any reference to the fact that plaintiff‘s non-economic damages are limited to Two Hundred-Fifty Thousand Dollars ($250,000.00) pursuant t0 California Civil Code Section 3333.2, and that any future damages that can be paid in periodic payments. Defendant is concerned that plaintiff’ s counsel may make such a reference and therefore requests that Plaintiff’ s attorney be instructed and admonished never to make such a reference in the presence of the jury 0r prospective jurors during the pendency 0f this action. This Motion is based upon Evidence Code Section 352, the Court file in this action, the accompanying Memorandum of Points and Authorities, and the Declaration of Scott R. 10 Diamond. 11 12 DATED: January 5, 2022 13 Respectfully submitted, 14 DIAMOND & DRAGOJEVIC, LLP 15 16 17 By M WW SCOTT R. DIAMOND Attorneys for Defendant/Cross—Defendant, TOTAL 18 PROFESSIONAL NETWORK, INC., sued and served herein as DOE 1 19 20 21 22 23 24 25 26 27 28 C:\Users\Robinson\My 2 ShareSync\VV\RME\0 B\001 0 MOTION IN LIMINE TO PRECLUDE ANY REFERENCE TO THE EFFECT OF CALIFORNIA CIVIL CODE §3333.2 OR CALIFORNIA CODE OF CIVIL 7\MILS\M|L-005.wpd PROCEDURE §667‘7; DECLARATION OF SCOTT R, DIAMOND; MEMORANDUM OF POINTS AND AUTHORITIES [Number 5|