Motion-Secondary: HARDY et al -v- RIOS, DVM et al Print

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                                                                         SUPERIOR cou     RT OF ha
                                                                               UNTY OF               GRN
                                                                          oN     BERNARDING Ae
     Jill L. Ryther, Esq., SBN 266016
     RYTHER LAW GROUP, LLP
     5777 W. Century Blvd. #1110-2076                                           DEC 08 2021
     Los Angeles, CA 90045
     Phone: 310-751-4404
     Fax: 310-773-9192

     Attorneys for Plaintiffs,
     JOHANNA BARLUND, ILLYA HARDY
     TOPLINE K9 SERVICES


                  SUPERIOR COURT OF THE STATE OF CALIFORNIA
                      FOR THE COUNTY OF SAN BERNARDINO


10   ILLYA HARDY,        an individual;   JOHANNA       +)       Case No. CIV DS 2002744
     BARLUND HARDY, an individual:
     TOPLINE K9 SERVICES
                                                        )          Honorable John Nguyen,
11                                                                 Dept. S28

12                   Plaintiffs.                        )
                                                        ) Action Filing Date: January 27,2020
             vs
13                                                               Trial Date: December 13, 2021
     GRACE RIOS, D.V.M., an Individual.                 )
14
     ANIMAL EMERGENCY CLINIC; and                       ) PLAINTIFFS’ OPPOSITION TO
15   DOES 1- 50, inclusive.                             ) MOTION IN LIMINE TO EXCLUDE
                                                                 EVIDENCE RE PLAINTIFFS’
16                   Defendants.
                                                        )        EMOTIONAL DISTRESS
17
                                                                 [OPPOSITION 1 OF 4]
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20           Plaintiffs ILLYA HARDY,       JOHANNA BARLUND HARDY,                        and TOPLINE K9

21   SERVICES      hereby file this Opposition to Defendants’ Motion in Limine to exclude all inquiries

22   into and testimony concerning any      “emotional distress”      sustained by Plaintiffs in consequence of|

23   the negligent injury and death of CHAYA.

24           Although emotional distress damages are generally not recoverable in cases of negligent

25   property loss, there are exceptions to allowing emotional distress in property cases; and the

     circumstances of this case, as well as the causes of action in the operative complaint, meet the


                            PLAINTIFFS’ OPPOSITION TO MOTION IN LIMINE
                      TO EXCLUDE EVIDENCE RE PLAINTIFFS’ EMOTIONAL DISTRESS
                                                             1
criteria for recovering such damages. At the very least, this is a question for the jury to decide,

     rather than a matter of law.

                Even more to the point, Defendants admit that emotional distress damages are relevant in

     cases where Plaintiffs claim intentional torts. Thus, since jury instructions are the appropriate

     place for the Court to assist in instructing a jury in weighing evidence and reaching conclusions,

     the instructions regarding emotional distress can be presented to the jury after close of arguments|

     with all other jury instructions. Defendants’ motion should be denied, as it is improper and

     premature.

                Plaintiffs’ Opposition to Defendants’ Motion will be made and heard based upon

10   Defendants’ Notice, the accompanying memorandum of points and authorities, the pleadings and

11   records on file with the Court in this action, matters in which the Court may take Judicial Notice,

12   and other oral and documentary matters as may be properly before the Court at the time of the

13   hearing.

14                                                   RESPECTFULLY SUBMITTED BY,

15                                                    RYTHER LAW GROUP
                                                                                               f
16   DATED: December 8, 2021

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18                                                    JILL L. RYTHER
                                                      Attorney for Plaintiffs ILLYA HARDY,
19                                                    JOHANNA BARLUND HARDY,
                                                      TOPLINE K9 SERVICES
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                               PLAINTIFFS’ OPPOSITION TO MOTION IN LIMINE
                       TO EXCLUDE     EVIDENCE   RE PLAINTIFFS’ EMOTIONAL           DISTRESS
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