Motion,Ex Parte: DAVID BALDERAS VS FERNANDO PEREZ ET AL

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                     POOLE & SHAFFERY,                 LLP
                     John Shaffery (Bar No. 160119)                                                       Superior Court of(California
                     E-Mail: jshaffery@pooleshaffery.com                                                     Countyof,
                     Jaion Chung (Bar No. 249772)
                     E-Mail: jchung@pooleshaffery.com
                     400 South Hope Street, Suite 1100                                                       JAN 25 2017
                     Los Angeles, California 90071                                                 Sherri R. Carter, Bx
                     (213) 439-5390 Telephone                                                                             ti
                                                                                                                               ive Officer/Clerk
                     (213) 439-0183 Facsimile                                                      By,
                                                                                                         ee                            Deputy
                     Attomeys for Defendant,
                    JOSE FERNANDO PEREZ
                     (erroneously served and sued as “Fernando Perez”)



                                              SUPERIOR COURT OF THE STATE OF CALIFORNIA

               10                                       FOR THE COUNTY OF LOS ANGELES                                               BY FAX
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oc                  DAVID BALDERAS.                                                 Case No. BC579755
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      o8       12                                                                   [Assigned to Hon. Holly J. Fujie, Dept. “98”)
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      os       13                                                                   DEFENDANT JOSE FERNANDO
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                                                                                    PEREZ’S MOTION IN LIMINE NO. 2 TO
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                               VS.
      ae       14                                                                   EXCLUDE THE ACCIDENT
                    FERNANDO PEREZ, et al                                           INVESTIGATION REPORT PREPARED
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 aan                                                                                BY PLAINTIFF’S EMPLOYER
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   aa          16                                                                   Complaint Filed:            April 24, 2015
   aa                                                                               Trial Date:                 February 28, 2017
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      oa       18   TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD
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               19              PLEASE TAKE NOTICE that Defendant, JOSE FERNANDO PEREZ (“Defendant”), will

               20   move this Court in limine for an Order precluding Plaintiff, DAVID BALDERAS (“Plaintiff”), his

               21   counsel,         and   his witnesses       from   introducing   or referring   to a report            entitled        “Accident

               22   Investigation Report” (the “Report”) prepared by Plaintiff's former employer,                                   Ross Organic

               23   Specialty Sales, Inc. (“Ross Organic”) at trial on the grounds that the Report, including its findings

               24   and/or investigations, fails to meet the threshold requirement. of being trustworthy and the

               25   marginal relevance of the Report is outweighed by extreme prejudice. and the -risk that, such

               26   evidence will mislead and confuse the jury and be an unnecessary waste of time
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               27   Mt
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                    FiClients2\102213600-BALDERAS v. PEREZ\TRIALIMILIMIL DOR ExelRosRepon. docx .
                          DEFENDANT JOSE FERNANDO PEREZ’S MOTION IN LIMINE NO. 2 TO EXCLUDE THE ACCIDENT
                                              INVESTIGATION REPORT PREPARED. BY PLAINTIFF'S EMPLOYER
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