On October 26, 2016 a
Motion,Ex Parte
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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Superior Court
Hetal J. Kommes, State Bar No. 255838 OuntY af J, of California
as Angeles
MARK R. WEINER & ASSOCIATES
Employees of the Law Department APR 19 201
State Farm Mutual Automobile Insurance Company Sherri R, rte, ue
655 North Central Avenue, 12" Floor Uterk of Coury
Glendale, California 91203-1434 By.
Telephone: (818) 543-4000 / FAX: (855) 396-3606 : Deputy
E-Mail Address: Cali.Law-Kommes@StateFarm.com
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
Department: 4
13 Vv. Trial Date: May 15, 2018
14 Estate of Testa (Deceased) and Does 1 to 100, FSC: May 1, 2018
Time: 10:00 a.m.
15 Defendants. Dept.: 4
16 DEFENDANT'S MOTION IN LIMINE
NO. FOUR TO
17 EXCLUDE/PRECLUDE/PROHIBIT
PLAINTIFF'S USE OF OR ARGUMENT
18 REGARDING THE “GOLDEN RULE”;
DECLARATION OF HETAL J.
19 KOMMES; ORDER [PROPOSED]
20 I
21 “GOLDEN RULE” EVIDENCE OR ARGUMENT IS
22 IMPROPER AND PREJUDICIAL
a3
"24 Defendant anticipates plaintiff will utilize and argue the “Golden Rule” during voir dire
~
235 and trial by suggesting to the jurors they should base plaintiff's damages on an amount the jurors
26 would personally charge or accept as compensation to endure pain and suffering equivalent to
27 plaintiff's claims. The “Golden Rule” argument/strategy is prohibited by law. It also creates a
28 substantial danger of undue prejudice to defendant.
-1-
DEFENDANT'S MOTION IN LIMINE NO. FOUR
Document Filed Date
April 19, 2018
Case Filing Date
October 26, 2016
Status
Jury Verdict 05/25/2018
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Superior Court Hetal J. Kommes, State Bar No. 255838 OuntY af J, of California as Angeles MARK R. WEINER & ASSOCIATES Employees of the Law Department APR 19 201 State Farm Mutual Automobile Insurance Company Sherri R, rte, ue 655 North Central Avenue, 12" Floor Uterk of Coury Glendale, California 91203-1434 By. Telephone: (818) 543-4000 / FAX: (855) 396-3606 : Deputy E-Mail Address: Cali.Law-Kommes@StateFarm.com 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 Department: 4 13 Vv. Trial Date: May 15, 2018 14 Estate of Testa (Deceased) and Does 1 to 100, FSC: May 1, 2018 Time: 10:00 a.m. 15 Defendants. Dept.: 4 16 DEFENDANT'S MOTION IN LIMINE NO. FOUR TO 17 EXCLUDE/PRECLUDE/PROHIBIT PLAINTIFF'S USE OF OR ARGUMENT 18 REGARDING THE “GOLDEN RULE”; DECLARATION OF HETAL J. 19 KOMMES; ORDER [PROPOSED] 20 I 21 “GOLDEN RULE” EVIDENCE OR ARGUMENT IS 22 IMPROPER AND PREJUDICIAL a3 "24 Defendant anticipates plaintiff will utilize and argue the “Golden Rule” during voir dire ~ 235 and trial by suggesting to the jurors they should base plaintiff's damages on an amount the jurors 26 would personally charge or accept as compensation to endure pain and suffering equivalent to 27 plaintiff's claims. The “Golden Rule” argument/strategy is prohibited by law. It also creates a 28 substantial danger of undue prejudice to defendant. -1- DEFENDANT'S MOTION IN LIMINE NO. FOUR