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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Hetal J. Kommes, State Bar No. 255838
MARK R. WEINER & ASSOCIATES
Employees of the Law Department F D
State Farm Mutual Automobile Insurance Company Superlor Court of California
655 North Central Avenue, 12" Floor County of Tne Anoeles
Glendale, California 91203-1434 APR 19 2018
Telephone: (818) 543-4000 / FAX: (855) 396-3606
E-Mail Address: Cali.Law-Kommes@StateFarm.com SherriR, Carter, sxecuave visi
hee
Lierk of Court
Attorneys for defendant Estate of Lynne S. Testa, Deceased, 2 » Deputy
Judi Lara
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. THREE FOR AN ORDER
17 PROHIBITING PLAINTIFF FROM
ARGUING/IMPOSING AN IMPROPER
18 STANDARD OF CARE; DECLARATION
OF HETAL J. KOMMES;
19 ORDER [PROPOSED]
20 INTRODUCTION
21
22 The issues in this case are whether or not defendant's negligence caused plaintiff's
23 claimed injuries, and the nature and extent of plaintiff's injuries and damages. Defendant
a
3s
anticipates plaintiff will implement a trial strategy that employs irrelevant and prejudicial
arguments to increase her likelihood of inflating her damages. Specifically, defendant believes
26 plaintiff will argue defendant should have acted in the “safest” manner possible even though as a
27 matter of law defendant was only required to act as a reasonable person would have acted under
28 the same circumstances. Defendant further believes plaintiff will argue to the jury that they need
1
DEFENDANT'S MOTION IN LIMINE NO. THREE
Document Filed Date
April 19, 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 F D State Farm Mutual Automobile Insurance Company Superlor Court of California 655 North Central Avenue, 12" Floor County of Tne Anoeles Glendale, California 91203-1434 APR 19 2018 Telephone: (818) 543-4000 / FAX: (855) 396-3606 E-Mail Address: Cali.Law-Kommes@StateFarm.com SherriR, Carter, sxecuave visi hee Lierk of Court Attorneys for defendant Estate of Lynne S. Testa, Deceased, 2 » Deputy Judi Lara 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. THREE FOR AN ORDER 17 PROHIBITING PLAINTIFF FROM ARGUING/IMPOSING AN IMPROPER 18 STANDARD OF CARE; DECLARATION OF HETAL J. KOMMES; 19 ORDER [PROPOSED] 20 INTRODUCTION 21 22 The issues in this case are whether or not defendant's negligence caused plaintiff's 23 claimed injuries, and the nature and extent of plaintiff's injuries and damages. Defendant a 3s anticipates plaintiff will implement a trial strategy that employs irrelevant and prejudicial arguments to increase her likelihood of inflating her damages. Specifically, defendant believes 26 plaintiff will argue defendant should have acted in the “safest” manner possible even though as a 27 matter of law defendant was only required to act as a reasonable person would have acted under 28 the same circumstances. Defendant further believes plaintiff will argue to the jury that they need 1 DEFENDANT'S MOTION IN LIMINE NO. THREE