On January 27, 2020 a
Motion-Secondary
was filed
involving a dispute between
Hardy, Illya,
Hardy, Johanna Barlund,
Topline K9 Services,
and
Animal Emergency Clinic,
Rios, Dvm, Grace,
for Personal Injury Non-Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
SUPERIOR
F LED
n
COUNTyoCOURTOFCA? 5mR
Jill L. R SBN 266016
her, Es .,
FSAN BE
SA” BERNARcmoER 3A
RYTHE); LAW gROUP, LLP Drs§39é¥c
5777 w. Century Blvd. #1 1 10-2076 APR 0 7 2023
Los Angeles, CA 90045
Phone: 310-751—4404
Fax: 3 10-773-9192
m,
M1?D - J _,
Jig.
DE?! ‘\
Attorneysfor Plaintiffs,
\OOOVO‘sulb'uJNH
JOHANNA BARLUND, ILLYA HARDY
TOPLINE K9 SERVICES
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY 0F SAN BERNARDINO
ILLYA HARDY,an individual; JOHANNA ) Case No. CIV Ds 2002744
BARLUND HARDY, an individual; ) Dept. 52 8
TOPLINE K9 SERVICES,
)
plaintiffs, ) Action Filing Date: January 27,2020
) Trial Date: July 17, 2023
VS-
) Hearing Date: April 20, 2023
)
GRACE RIOS, D.V.M., an Individual;
ANIMAL EMERGENCY CLINIC; and ) PLAINTIFFS OPPOSITION T0
,
DOES 1- 50, inclusive, ) MOTION IN LIMINE To EXCLUDE
) TESTIMONY AND EVIDENCE
De fe“ d ants' RELATING To LOST FUTURE PROFITS
54k
)
NNNNNNr—‘r—d—t—ap—‘p—Av—lHo—tv—t
) AND OTHER NON-COMPENSABLE
) DAMAGE CLAIMS /3‘~/
UI-PWNHooooflONUI-hUJNHO
)
) [OPPOSITION 2 0F 4]
Plaintiffs ILLYA HARDY, JOHANNA BARLUND HARDY, and TOPLINE K9
SERVICES hereby file this Opposition to Defendants’ Motion in Limine to exclude all
testimony and evidence related to lost future profits and other non-compensable damages by
Plaintiffs in consequence of the negligent injury and death of CHAYA.
Defendants’ Motion is simply another attempt to argue a position they already argued and
lost in their motion to bifilrcate the issues of liability and damages. In addition, Defendants’
MOTION IN LIMINE TO EXCLUDE TESTIMONY AND EVIDENCE
PLAINTIFFS’ OPPOSITION TO
RELATING TO LOST FUTURE PROFITS AND OTHER NON-COMPENSABLE DAMAGE CLAIMS
1
motion takes a biased, narrow view of property as it applies in the case under the law; and in any
event, even cases cited by Defendants present authority for allowing Plaintiffs to make their case
for actual and exemplary damages, including lost future profits.
Plaintiffs’ Opposition to Defendants’ Motion will be made and heard based upon
Defendants’ Notice, the accompanying memorandum of points and authorities, the pleadings and
\OOOQONM-PUJNH
records on file with the Court in this action, matters in which the Court may take Judicial Notice,
and other oral and documentary matters as may be properly before the Court at the time of the
hearing.
DATED: April 6, 2023 RESPECTFULLY SUBMITTED BY:
RYTHER LAW GROUP
WE
JILL L. RYTHER
Attorney for Plaintiffs ILLYA HARDY,
JOHANNA BARLUND HARDY,
TOPLINE K9 SERVICES
NNNNNND—‘r—‘r—tr—tr—ny—A
MOTION IN LIMINE TO EXCLUDE TESTIMONY AND EVIDENCE
PLAINTIFFS’ OPPOSITION TO
RELATING TO LOST FUTURE PROFITS AND OTHER NON-COMPENSABLE DAMAGE CLAIMS
2
Document Filed Date
April 07, 2023
Case Filing Date
January 27, 2020
Category
Personal Injury Non-Motor Vehicle Unlimited
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SUPERIOR F LED n COUNTyoCOURTOFCA? 5mR Jill L. R SBN 266016 her, Es ., FSAN BE SA” BERNARcmoER 3A RYTHE); LAW gROUP, LLP Drs§39é¥c 5777 w. Century Blvd. #1 1 10-2076 APR 0 7 2023 Los Angeles, CA 90045 Phone: 310-751—4404 Fax: 3 10-773-9192 m, M1?D - J _, Jig. DE?! ‘\ Attorneysfor Plaintiffs, \OOOVO‘sulb'uJNH JOHANNA BARLUND, ILLYA HARDY TOPLINE K9 SERVICES SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY 0F SAN BERNARDINO ILLYA HARDY,an individual; JOHANNA ) Case No. CIV Ds 2002744 BARLUND HARDY, an individual; ) Dept. 52 8 TOPLINE K9 SERVICES, ) plaintiffs, ) Action Filing Date: January 27,2020 ) Trial Date: July 17, 2023 VS- ) Hearing Date: April 20, 2023 ) GRACE RIOS, D.V.M., an Individual; ANIMAL EMERGENCY CLINIC; and ) PLAINTIFFS OPPOSITION T0 , DOES 1- 50, inclusive, ) MOTION IN LIMINE To EXCLUDE ) TESTIMONY AND EVIDENCE De fe“ d ants' RELATING To LOST FUTURE PROFITS 54k ) NNNNNNr—‘r—d—t—ap—‘p—Av—lHo—tv—t ) AND OTHER NON-COMPENSABLE ) DAMAGE CLAIMS /3‘~/ UI-PWNHooooflONUI-hUJNHO ) ) [OPPOSITION 2 0F 4] Plaintiffs ILLYA HARDY, JOHANNA BARLUND HARDY, and TOPLINE K9 SERVICES hereby file this Opposition to Defendants’ Motion in Limine to exclude all testimony and evidence related to lost future profits and other non-compensable damages by Plaintiffs in consequence of the negligent injury and death of CHAYA. Defendants’ Motion is simply another attempt to argue a position they already argued and lost in their motion to bifilrcate the issues of liability and damages. In addition, Defendants’ MOTION IN LIMINE TO EXCLUDE TESTIMONY AND EVIDENCE PLAINTIFFS’ OPPOSITION TO RELATING TO LOST FUTURE PROFITS AND OTHER NON-COMPENSABLE DAMAGE CLAIMS 1 motion takes a biased, narrow view of property as it applies in the case under the law; and in any event, even cases cited by Defendants present authority for allowing Plaintiffs to make their case for actual and exemplary damages, including lost future profits. Plaintiffs’ Opposition to Defendants’ Motion will be made and heard based upon Defendants’ Notice, the accompanying memorandum of points and authorities, the pleadings and \OOOQONM-PUJNH records on file with the Court in this action, matters in which the Court may take Judicial Notice, and other oral and documentary matters as may be properly before the Court at the time of the hearing. DATED: April 6, 2023 RESPECTFULLY SUBMITTED BY: RYTHER LAW GROUP WE JILL L. RYTHER Attorney for Plaintiffs ILLYA HARDY, JOHANNA BARLUND HARDY, TOPLINE K9 SERVICES NNNNNND—‘r—‘r—tr—tr—ny—A MOTION IN LIMINE TO EXCLUDE TESTIMONY AND EVIDENCE PLAINTIFFS’ OPPOSITION TO RELATING TO LOST FUTURE PROFITS AND OTHER NON-COMPENSABLE DAMAGE CLAIMS 2