On October 26, 2016 a
Motion-Secondary
was filed
involving a dispute between
Underhill Marie,
and
Does 1 To 100,
Estate Of Testa,
for civil
in the District Court of Los Angeles County.
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Hetal J. Kommes, State Bar No. 255838
MARK R. WEINER & ASSOCIATES
Employees of the Law Department
D
Superior Court of California
State Farm Mutual Automobile Insurance Company County of Los Angeles
655 North Central Avenue, 12" Floor
Glendale, California 91203-1434 MAY 11 2018
Telephone: (818) 543-4000 / FAX: (855) 396-3606
a
E-Mail Address: Cali.Law-Kommes@StateFarm.com lerk of Court
, Deputy
Attorneys for defendant Estate of Lynne S. Testa, Deceased,
erroneously sued and served as Estate of Testa (Deceased)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
10
11 Marie Underhill, NO. BC638507
Complaint Filed: October 26, 2016
12 Plaintiff, Judge: Hon. Dennis Landin
13 Vv. Trial Date: May 15, 2018
14 Estate of Testa (Deceased) and Does 1 to 100, OPPOSITION TO PLAINTIFF’S MOTION
IN LIMINE NO. 2 TO PRECLUDE
15 Defendants. EVIDENCE OR ARGUMENT THAT
THAT PLAINTIFF IS SUING HER DEAD
16 FRIEND; DECLARATION OF HETAL
KOMMES
17
18
19
20 I
21 THE EVIDENCE IS RELEVANT AND ADMISSIBLE
22
23 Plaintiff Marie Underhill has sued the Estate of Lynn Testa for premises liability and
(24 seeks damages allegedly caused when she tripped and fell on December 8, 2015, at the entrance
25 path of Lynn Testa’s (“Testa”) property at 2050 Santa Rena Drive in Palos Verdes, California.
26 Plaintiff claims there was an unfinished entry path to the door of the subject premises, where the
27 path was constructed of stepping stones with open gaps between the stones that were
28 approximately 3 inches wide and 2.5 inches deep. Plaintiff alleges she tripped on one of these
-1l-
OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE NO. 2
Document Filed Date
May 11, 2018
Case Filing Date
October 26, 2016
Status
Jury Verdict 05/25/2018
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Hetal J. Kommes, State Bar No. 255838 MARK R. WEINER & ASSOCIATES Employees of the Law Department D Superior Court of California State Farm Mutual Automobile Insurance Company County of Los Angeles 655 North Central Avenue, 12" Floor Glendale, California 91203-1434 MAY 11 2018 Telephone: (818) 543-4000 / FAX: (855) 396-3606 a E-Mail Address: Cali.Law-Kommes@StateFarm.com lerk of Court , Deputy Attorneys for defendant Estate of Lynne S. Testa, Deceased, erroneously sued and served as Estate of Testa (Deceased) SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES 10 11 Marie Underhill, NO. BC638507 Complaint Filed: October 26, 2016 12 Plaintiff, Judge: Hon. Dennis Landin 13 Vv. Trial Date: May 15, 2018 14 Estate of Testa (Deceased) and Does 1 to 100, OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE NO. 2 TO PRECLUDE 15 Defendants. EVIDENCE OR ARGUMENT THAT THAT PLAINTIFF IS SUING HER DEAD 16 FRIEND; DECLARATION OF HETAL KOMMES 17 18 19 20 I 21 THE EVIDENCE IS RELEVANT AND ADMISSIBLE 22 23 Plaintiff Marie Underhill has sued the Estate of Lynn Testa for premises liability and (24 seeks damages allegedly caused when she tripped and fell on December 8, 2015, at the entrance 25 path of Lynn Testa’s (“Testa”) property at 2050 Santa Rena Drive in Palos Verdes, California. 26 Plaintiff claims there was an unfinished entry path to the door of the subject premises, where the 27 path was constructed of stepping stones with open gaps between the stones that were 28 approximately 3 inches wide and 2.5 inches deep. Plaintiff alleges she tripped on one of these -1l- OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE NO. 2