On October 19, 2016 a
Motion-Secondary
was filed
involving a dispute between
Zamani Tanaz,
and
Arakelian Enterprises Inc. Dba Athens,
City Of Redondo Beach,
Cota Gilbert,
Cota Rosa,
Emmerson John,
Ghavami Ashkan,
Schaye Gordon,
Soma Medical Group Inc.,
Wu David,
for civil
in the District Court of Los Angeles County.
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e @
Ariella E, Perry, State Bar No. 239801
MARK R. WEINER & ASSOCIATES
Employees of the Law Department FILED
State Farm Mutual Automobile Insurance Company Superior Court of California
655 North Central Avenue, 12" Floor ~ Countv of Tne Angeles
Glendale, California 91203-1434
Telephone: (818) 543-4000 / FAX: (855) 396-3606 SEP 202018
E-Mail Address: Cali.Law-Perry@StateFarm.com Sherr n. Vater, eaccuuve uilicer/Clerk
Attomeys for defendants and cross-defendants Gilbert Cota By othr Forte
LOTR , Deputy
eather Clarec
and Rosa Cota
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
10
il Tanaz Zamani, an individual, NO. BC637727
Complaint Filed: October 19, 2016
12 Plaintiff, Judge: Hon. Yolanda Orozco
Trial Date: October 18, 2018
13 Vv.
FSC: October 3, 2018
14 City of Redondo Beach; Gilbert Cota; Rosa Time: 10:00 a.m.
Cota, Athens Services, and Does 1-20, Dept: SS-7
15 inclusive,
OPPOSITION TO PLAINTIFF’S MOTION
16 Defendants. IN LIMINE NUMBER FIVE RE:
INADMISSIBILITY OF ALLEGED LACK
17 OF PRIOR INCIDENTS AND/OR
‘And Related Cross-Action. ACCIDENTS
18
19
20
21 I
22 EVIDENCE THERE WERE NO PRIOR INCIDENTS OR
23 ACCIDENTS IS RELEVANT AND ADMISSIBLE
24
35 Plaintiff's motion lacks merit. To begin with, plaintiff's motion is based largely on a
2% decision from an Arizona products liability case. This Court, however,is required to follow
California precedent. (Auto Equity Sales, Inc. v. Superior Court of Santa Clara County (1962)
28 57 Cal.2d 450, 455; Sarti v. Salt Creek Ltd. (2008) 167 Cal.App.4th 1187, 1193.) And under
-1-
OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE NUMBER FIVE
Document Filed Date
September 20, 2018
Case Filing Date
October 19, 2016
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e @ Ariella E, Perry, State Bar No. 239801 MARK R. WEINER & ASSOCIATES Employees of the Law Department FILED State Farm Mutual Automobile Insurance Company Superior Court of California 655 North Central Avenue, 12" Floor ~ Countv of Tne Angeles Glendale, California 91203-1434 Telephone: (818) 543-4000 / FAX: (855) 396-3606 SEP 202018 E-Mail Address: Cali.Law-Perry@StateFarm.com Sherr n. Vater, eaccuuve uilicer/Clerk Attomeys for defendants and cross-defendants Gilbert Cota By othr Forte LOTR , Deputy eather Clarec and Rosa Cota SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES 10 il Tanaz Zamani, an individual, NO. BC637727 Complaint Filed: October 19, 2016 12 Plaintiff, Judge: Hon. Yolanda Orozco Trial Date: October 18, 2018 13 Vv. FSC: October 3, 2018 14 City of Redondo Beach; Gilbert Cota; Rosa Time: 10:00 a.m. Cota, Athens Services, and Does 1-20, Dept: SS-7 15 inclusive, OPPOSITION TO PLAINTIFF’S MOTION 16 Defendants. IN LIMINE NUMBER FIVE RE: INADMISSIBILITY OF ALLEGED LACK 17 OF PRIOR INCIDENTS AND/OR ‘And Related Cross-Action. ACCIDENTS 18 19 20 21 I 22 EVIDENCE THERE WERE NO PRIOR INCIDENTS OR 23 ACCIDENTS IS RELEVANT AND ADMISSIBLE 24 35 Plaintiff's motion lacks merit. To begin with, plaintiff's motion is based largely on a 2% decision from an Arizona products liability case. This Court, however,is required to follow California precedent. (Auto Equity Sales, Inc. v. Superior Court of Santa Clara County (1962) 28 57 Cal.2d 450, 455; Sarti v. Salt Creek Ltd. (2008) 167 Cal.App.4th 1187, 1193.) And under -1- OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE NUMBER FIVE