On October 15, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Alvarez, Beatriz,
Lamas, Yolanda,
R., A.,
and
Day-Lee Foods, Inc.,
Does 1-100,
Parra, Humberto,
for Auto PI/PD/WD Unlimited
in the District Court of San Bernardino County.
Preview
V' \u
FILED
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LEWIS BRISBOIS BISGAARD & SMITH LLP Wm"
JEFF BONELLI, SB# 133616 AUG 07 2023 mm
E-Mail: Jeff.B0nel|i@lewisbrisbois.com
LILLIAN C. HARWELL, SB# 31 1295
E-Mail: Lillian.Harwell@lewisbrisbois.com BY
AWN
JEHRID S. MOSLEY. SB#327851 WHA BETANCOURT. DEPUTY
E-Mail: Jehrid.Mosley@lewisbrisbois.com
633 West 5‘” Street. Suite 4000 j
Los Angeles, California 90071 '
r...
Telephone: 213.250.1800
Facsimile: 213.250.7900
Attorneys for Defendants, HUMBERTO PARRA
and DAY—LEE FOODS INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO. SAN BERNARDINO DISTRICT
10
BEATRIZ ALVAREZ, YOLANDA LAMAS, Case No. CIVSBZIZ9650
12 and A.R. by and through her guardian ad litem
EUGENIA ALVAREZ, DEFENDANTS’ NOTICE OF MOTION
13 AND MOTION IN LIMINE NO. 3 TO
Plaintiffs. PRECLUDE EVIDENCE AND
14 WITNESSES NOT DISCLOSED IN
vs. DISCOVERY; DECLARATION OF
15 LILLIAN HARWELL
HUMBERTO PARRA, DAY-LEE FOODS
16 INC, and DOES 1-100, inclusive,
Hon. Janet M. Frangie, Dept. $29
17 Defendants.
Action Filed: October IS, 2021
18 Trial Date: August 1 l, 2023
19
20
21 TO THE COURT, PLAINTIFFS. AND THEIR ATTORNEYS OF RECORD:
22 Defendants, HUMBERTO PARRA and DAY-LEE FOODS INC. (“Defendants”) hereby
23 submit the following motion in limine for an order precluding Plaintiffs BEATRIZ ALVAREZ and
24 A.R. by and through her guardian ad Iitem EUGENIA ALVAREZ, (“Plaintiffs") and theircounsel from
25 attempting t0 refer t0. offer. 0r introduce any evidence at trial which was not disclosed during discovery.
26 This motion is based on the grounds that California law provides for extensive pre-trial discovery
27 so that there is no surprise at trial. Permitting Plaintiffto reference or introduce any evidence that has
28 not been disclosed during the discovery process would fly in the face ofCalifomia law and cause undue
LEWIS
127765966]
&MHI.1P DEFENDANTS’ MOTION IN LIMINE NO. 3 TO PRECLUDE EVIDENCE AND WITNESSES NOT DISCLOSED
AYK’WVE A' LAW
IN DISCOVERY
prej udice to Defendants. This motion specifically seeks to preclude evidence related to future treatment
for lumbar spine pain, which was not disclosed in discovery.
This Motion is supported by this Notice. the Memorandum ofPoints and Authorities attached.
the Declaration of Lillian C. Harwell and such further evidence and argument as the Court may require
at the hearings.
DATED: August 3. 2023 JEFFREY BONELLI
LILLIAN C. HARWELL
JEHRID MOSLEY
LEWIS BRISBOIS BISGAARD & SMITH LLP
*{QMM
LfWAN C. HAR‘WEL’L
11
Attorneys for Defofidants. HUMBERTO PARRA
12
and DAY—LEE FOODS lNC.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LEWIS
BRISBOIS 127765966 l 2
&MHLLP DEFENDANTS' MOTION IN LIMINE NO. 3 TO PRECLUDE EVIDENCE AND WITNESSES NOT DISCLOSED
A" ‘FN V‘> A' _AN
IN DISCOVERY
Document Filed Date
August 07, 2023
Case Filing Date
October 15, 2021
Category
Auto PI/PD/WD Unlimited
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V' \u FILED swsnmooumorcwom ill fw‘ ‘— coumommasnmnomo LEWIS BRISBOIS BISGAARD & SMITH LLP Wm" JEFF BONELLI, SB# 133616 AUG 07 2023 mm E-Mail: Jeff.B0nel|i@lewisbrisbois.com LILLIAN C. HARWELL, SB# 31 1295 E-Mail: Lillian.Harwell@lewisbrisbois.com BY AWN JEHRID S. MOSLEY. SB#327851 WHA BETANCOURT. DEPUTY E-Mail: Jehrid.Mosley@lewisbrisbois.com 633 West 5‘” Street. Suite 4000 j Los Angeles, California 90071 ' r... Telephone: 213.250.1800 Facsimile: 213.250.7900 Attorneys for Defendants, HUMBERTO PARRA and DAY—LEE FOODS INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO. SAN BERNARDINO DISTRICT 10 BEATRIZ ALVAREZ, YOLANDA LAMAS, Case No. CIVSBZIZ9650 12 and A.R. by and through her guardian ad litem EUGENIA ALVAREZ, DEFENDANTS’ NOTICE OF MOTION 13 AND MOTION IN LIMINE NO. 3 TO Plaintiffs. PRECLUDE EVIDENCE AND 14 WITNESSES NOT DISCLOSED IN vs. DISCOVERY; DECLARATION OF 15 LILLIAN HARWELL HUMBERTO PARRA, DAY-LEE FOODS 16 INC, and DOES 1-100, inclusive, Hon. Janet M. Frangie, Dept. $29 17 Defendants. Action Filed: October IS, 2021 18 Trial Date: August 1 l, 2023 19 20 21 TO THE COURT, PLAINTIFFS. AND THEIR ATTORNEYS OF RECORD: 22 Defendants, HUMBERTO PARRA and DAY-LEE FOODS INC. (“Defendants”) hereby 23 submit the following motion in limine for an order precluding Plaintiffs BEATRIZ ALVAREZ and 24 A.R. by and through her guardian ad Iitem EUGENIA ALVAREZ, (“Plaintiffs") and theircounsel from 25 attempting t0 refer t0. offer. 0r introduce any evidence at trial which was not disclosed during discovery. 26 This motion is based on the grounds that California law provides for extensive pre-trial discovery 27 so that there is no surprise at trial. Permitting Plaintiffto reference or introduce any evidence that has 28 not been disclosed during the discovery process would fly in the face ofCalifomia law and cause undue LEWIS 127765966] &MHI.1P DEFENDANTS’ MOTION IN LIMINE NO. 3 TO PRECLUDE EVIDENCE AND WITNESSES NOT DISCLOSED AYK’WVE A' LAW IN DISCOVERY prej udice to Defendants. This motion specifically seeks to preclude evidence related to future treatment for lumbar spine pain, which was not disclosed in discovery. This Motion is supported by this Notice. the Memorandum ofPoints and Authorities attached. the Declaration of Lillian C. Harwell and such further evidence and argument as the Court may require at the hearings. DATED: August 3. 2023 JEFFREY BONELLI LILLIAN C. HARWELL JEHRID MOSLEY LEWIS BRISBOIS BISGAARD & SMITH LLP *{QMM LfWAN C. HAR‘WEL’L 11 Attorneys for Defofidants. HUMBERTO PARRA 12 and DAY—LEE FOODS lNC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEWIS BRISBOIS 127765966 l 2 &MHLLP DEFENDANTS' MOTION IN LIMINE NO. 3 TO PRECLUDE EVIDENCE AND WITNESSES NOT DISCLOSED A" ‘FN V‘> A' _AN IN DISCOVERY