On November 20, 2009 a
Motion,Ex Parte
was filed
involving a dispute between
Estate Of Marty Golston,
Golston, Tawana,
Weathers, Jamichael,
Golston, Jacari,
and
Estate Of Marty Golston,
Golston, Jacari,
Golston, Tawana,
Hayes Welding Inc.,
Hayes Welding Inc. A California Corporation,
Hertz Equipment Rental Corporation,
Navistar Inc,
Navistar, Inc,
Valew Welding & Fabrication,
Weathers, Jamichael,
for Product Liability Unlimited
in the District Court of San Bernardino County.
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Peter Dubrawski (Bar No. 65677)
Keith Rozanski (Bar No. 232330) SUPERIOR COURT
Elizabeth P. Trent (Bar No. 272258 COUNTY OF SAN BERNARDINO.
HAIGHT BROWN & BONESTEEL LLP RANCHO CUCAMONGA DISTRICT
555 South Flower Street
Forty-Fifth Floor JAN 2.5 2013
Los Angeles, California 90071
Telephone: 213.542.8000 By Uke Lia
Facsimile: 213.542.8100
Attorneys for Defendant NAVISTAR, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
10 RANCHO CUCAMONGA
1] TAWANA GOLSTON; JAMICHAEL ) Case No. CIVVS907786
WEATHERS; JACARI GOLSTON, a )
12 minor, by and through his Guardian ad ) [Case Transferred and Assigned to Dept.
Litem, AWANA OLSTON; ESTATE ) R10, Rancho Cucamonga, for All
13 OF MARTY GOLSTON, by and through ) Purposes]
its survivors, TAWANA GOLSTON,
14 JAMICHAEL WEATHERS, and JACARI NAVISTAR, INC.'S MOTION IN
GOLSTON, LIMINE #7 TO PRECLUDE
15 EVIDENCE OF INSURANCE
Plaintiffs,
16 Complaint Filed: November 20, 2009
vs. Trial Date: February 4, 2013
17
INTERNATIONAL TRUCK & ENGINE
18 CORPORATION, a foreign corporation;
HERTZ EQUIPMENT NTAL
19 CORPORATION, a Delaware Corporation; )
VALEW WELDING & FABRICATION, a )
20 California Corporation; and DOES 1-100, )
inclusive,
21 )
Defendants. )
22 )
23 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
24 PLEASE TAKE NOTICE that on January 31, 2013, at 8: 30 a.m. or as soon
25 thereafter as counsel may be heard in Department R10 of the above-referenced court,
/
Defendant NAVISTAR, INC. (“Navistar”) will move the Court, in limine, prior to the
f
26
27 empanelment of a jury, for an order precluding plaintiffs and their counsel from makin
28
LAW OFFICES
HAIGHT, BROWN& 1
BONESTEEL, L.L.. ‘NV01-0000053
Los Angeles 4034278.1 NAVISTAR, INC. MIL #7 Scanned
any reference to, commenting on, or introducing evidence regarding any party's insurance
of lack thereof.
Navistar further moves the Court to instruct all parties and their counsel, and to
require counsel to advise all witnesses:
1 Not to attempt to convey to the jury, directly or indirectly, any of the facts
mentioned in this motion without first obtaining permission of the Court outside the
presence and hearing of the jury;
2 Not to make any reference to the fact that this motion has been filed, and;
3 To warn and caution each witness to strictly follow the same instructions.
10 This motion is based on California Evidence Code sections 1152, 350 and 352, this
11 Notice, the attached Memorandum of Points and Authorities attached hereto, the
12 Declaration of Elizabeth P. Trent, the pleadings and papers on file herein, and upon such
13 further evidence or argument as may hereafter be presented.
14
15 Dated: January 23, 2013 HAIGHT BROWN & BONESTEEL LLP
16
17 By Plaga vesta anes —___
18 Keith Rozanski
Elizabeth P. Trent
19 Attorneys for Defendant
NAVISTAR, INC.
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22
23
24
25
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27
28
LAW OFFICES
HAIGHT, BROWN & 2
BONESTEEL, LLP. NV01-0000053,
Los Angeles 4034278.) NAVISTAR, INC. MIL #7
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Peter Dubrawski (Bar No. 65677) Keith Rozanski (Bar No. 232330) SUPERIOR COURT Elizabeth P. Trent (Bar No. 272258 COUNTY OF SAN BERNARDINO. HAIGHT BROWN & BONESTEEL LLP RANCHO CUCAMONGA DISTRICT 555 South Flower Street Forty-Fifth Floor JAN 2.5 2013 Los Angeles, California 90071 Telephone: 213.542.8000 By Uke Lia Facsimile: 213.542.8100 Attorneys for Defendant NAVISTAR, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO 10 RANCHO CUCAMONGA 1] TAWANA GOLSTON; JAMICHAEL ) Case No. CIVVS907786 WEATHERS; JACARI GOLSTON, a ) 12 minor, by and through his Guardian ad ) [Case Transferred and Assigned to Dept. Litem, AWANA OLSTON; ESTATE ) R10, Rancho Cucamonga, for All 13 OF MARTY GOLSTON, by and through ) Purposes] its survivors, TAWANA GOLSTON, 14 JAMICHAEL WEATHERS, and JACARI NAVISTAR, INC.'S MOTION IN GOLSTON, LIMINE #7 TO PRECLUDE 15 EVIDENCE OF INSURANCE Plaintiffs, 16 Complaint Filed: November 20, 2009 vs. Trial Date: February 4, 2013 17 INTERNATIONAL TRUCK & ENGINE 18 CORPORATION, a foreign corporation; HERTZ EQUIPMENT NTAL 19 CORPORATION, a Delaware Corporation; ) VALEW WELDING & FABRICATION, a ) 20 California Corporation; and DOES 1-100, ) inclusive, 21 ) Defendants. ) 22 ) 23 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 24 PLEASE TAKE NOTICE that on January 31, 2013, at 8: 30 a.m. or as soon 25 thereafter as counsel may be heard in Department R10 of the above-referenced court, / Defendant NAVISTAR, INC. (“Navistar”) will move the Court, in limine, prior to the f 26 27 empanelment of a jury, for an order precluding plaintiffs and their counsel from makin 28 LAW OFFICES HAIGHT, BROWN& 1 BONESTEEL, L.L.. ‘NV01-0000053 Los Angeles 4034278.1 NAVISTAR, INC. MIL #7 Scanned any reference to, commenting on, or introducing evidence regarding any party's insurance of lack thereof. Navistar further moves the Court to instruct all parties and their counsel, and to require counsel to advise all witnesses: 1 Not to attempt to convey to the jury, directly or indirectly, any of the facts mentioned in this motion without first obtaining permission of the Court outside the presence and hearing of the jury; 2 Not to make any reference to the fact that this motion has been filed, and; 3 To warn and caution each witness to strictly follow the same instructions. 10 This motion is based on California Evidence Code sections 1152, 350 and 352, this 11 Notice, the attached Memorandum of Points and Authorities attached hereto, the 12 Declaration of Elizabeth P. Trent, the pleadings and papers on file herein, and upon such 13 further evidence or argument as may hereafter be presented. 14 15 Dated: January 23, 2013 HAIGHT BROWN & BONESTEEL LLP 16 17 By Plaga vesta anes —___ 18 Keith Rozanski Elizabeth P. Trent 19 Attorneys for Defendant NAVISTAR, INC. 20 21 22 23 24 25 26 27 28 LAW OFFICES HAIGHT, BROWN & 2 BONESTEEL, LLP. NV01-0000053, Los Angeles 4034278.) NAVISTAR, INC. MIL #7