On December 16, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Fitzpatrick, Lida N.,
and
Barstow Towing, Inc,
Benavidez, Alicia Dawn,
Does 1 Through 50,
for Auto PI/PD/WD Unlimited
in the District Court of San Bernardino County.
Preview
F L E D
V \v l
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
AUG 2%3
Kevin L. Place, SBN
Elizabeth Sutlian-Mardikian,
170827
SBN 281099 BY:
W .
Marwimamson' Deputy
MCLEAN, VASQUEZ, PLACE, FABREGA, APC
4100 Newport Place Drive, Suite 200
Newport Beach, CA 92660
Telephone: (949) 656-4601
Facsimile: (949) 656-4223
Attorneys for Defendants, BARSTOW TOWING, INC. and ALICIA DAWN BENAVIDEZ
OmNONMADJNfl
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO _ ‘u‘ v- n'
‘
I
fi‘y En [6“.1‘ N
Case No.2 CIVSBZOZ9064
LIDA N. FITZPATRICK,
, ,
Judge Brian McCarville
Plamtlff, Dept; s30
V- NOTICE 0F MOTION FOR NEW TRIAL,
0R IN THE ALTERNATIVE,
REMITTITUR OF DAMAGES;
BARSTOW TOWING, INC. ALICIA DAWN MEMORANDUM OF POINTS AND
BENAVIDEZ AND DOES THROUGH 50 1
AUTHORITIES IN SUPPORT THEREOF
INCLUSIVE,, fibg‘ ob
Date: October 2, 2023 .
Defendants. Time: 830 a‘m_ $UJO"? B)bkq '
Dept. S30
Complaint filed: March 17, 2021
Trial Date: June 5, 2023
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
OOQQM-kWN—‘ONOOONOMAWNb—‘O
PLEASE TAKE NOTICE that on October 2, 2023 at 8:30 a.m., or as soon thereafter as
NNNNNNNNN—~H——_H___
heard in Department S30 0f the above-entitled court, located at 247 West Third
counsel may be
and Alicia
San Bemardino, California 92415-0210, Defendants Barstow Towing,
Inc.
Street,
Benavidez (Defendants”) will and hereby do move this Court pursuant to California Code of Civil
Procedure §§ 657 and 659(a) for a new trial, or in the alternative, a remittitur of damages.
on the grounds that there was irregularity in the proceedings of
Defendants seek a new trial
the coun, jury, or adverse party, or any order of the coun or abuse of discretion by which Defendants
pursuant to CCP § 657(1); excessive
damages pursuant to
were prevented from having a fair trial
CCP and insufficiency of the evidence t0 justify the verdict pursuant to CCP § 657(6).
§ 657(5);
MEMORANDUM OF POINTS AND AUTHORITITES IN SUPPORT OF DEFENDANTS’ MOTION FOR
REMITTITUR, OR IN THE ALTERNATIVE, NEW TRIAL
_1_
W
Document Filed Date
August 28, 2023
Case Filing Date
December 16, 2020
Category
Auto PI/PD/WD Unlimited
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F L E D V \v l SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO AUG 2%3 Kevin L. Place, SBN Elizabeth Sutlian-Mardikian, 170827 SBN 281099 BY: W . Marwimamson' Deputy MCLEAN, VASQUEZ, PLACE, FABREGA, APC 4100 Newport Place Drive, Suite 200 Newport Beach, CA 92660 Telephone: (949) 656-4601 Facsimile: (949) 656-4223 Attorneys for Defendants, BARSTOW TOWING, INC. and ALICIA DAWN BENAVIDEZ OmNONMADJNfl SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO _ ‘u‘ v- n' ‘ I fi‘y En [6“.1‘ N Case No.2 CIVSBZOZ9064 LIDA N. FITZPATRICK, , , Judge Brian McCarville Plamtlff, Dept; s30 V- NOTICE 0F MOTION FOR NEW TRIAL, 0R IN THE ALTERNATIVE, REMITTITUR OF DAMAGES; BARSTOW TOWING, INC. ALICIA DAWN MEMORANDUM OF POINTS AND BENAVIDEZ AND DOES THROUGH 50 1 AUTHORITIES IN SUPPORT THEREOF INCLUSIVE,, fibg‘ ob Date: October 2, 2023 . Defendants. Time: 830 a‘m_ $UJO"? B)bkq ' Dept. S30 Complaint filed: March 17, 2021 Trial Date: June 5, 2023 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: OOQQM-kWN—‘ONOOONOMAWNb—‘O PLEASE TAKE NOTICE that on October 2, 2023 at 8:30 a.m., or as soon thereafter as NNNNNNNNN—~H——_H___ heard in Department S30 0f the above-entitled court, located at 247 West Third counsel may be and Alicia San Bemardino, California 92415-0210, Defendants Barstow Towing, Inc. Street, Benavidez (Defendants”) will and hereby do move this Court pursuant to California Code of Civil Procedure §§ 657 and 659(a) for a new trial, or in the alternative, a remittitur of damages. on the grounds that there was irregularity in the proceedings of Defendants seek a new trial the coun, jury, or adverse party, or any order of the coun or abuse of discretion by which Defendants pursuant to CCP § 657(1); excessive damages pursuant to were prevented from having a fair trial CCP and insufficiency of the evidence t0 justify the verdict pursuant to CCP § 657(6). § 657(5); MEMORANDUM OF POINTS AND AUTHORITITES IN SUPPORT OF DEFENDANTS’ MOTION FOR REMITTITUR, OR IN THE ALTERNATIVE, NEW TRIAL _1_ W