Motion,Ex Parte: HECTOR -v- STERLING ESTATES, A BUSINESS ENTITY FORM UNKNOWN et al Print

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                                ORIGINAL
                                                                                SUPERIOR COURT OF CALIFORNIA
                                                                                 COUNTY OF SAN BERNARDINO

     ZENA M. KALIOUNDJI, STATE BAR NO.: 273306                                          UH,» 1
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     DAVID S. BINDER, STATE BAR NO.: 209876
     DANIEL G. FLESCH, STATE BAR NO.: 277714
                                                                               BY
     BINDER AND KALIOUNDJI LLP
                                                                                    MARSHA BETANCOURT. DEPUT‘
     21021 Devonshire   Street, Suite 101

     Chatsworth, California 9 13 1   1

     Telephone: (8 1 8) 479-7679
     Facsimile: (8 1 8) 479-7690
     Email: daniel@binderkal.com


     Attorneys for Defendants 25847 E. 9th          STREET, LLC dba STERLING ESTATES
     APARTMENTS; SCHOCHILL CHAVEZ CARDONA (erroneously sued and served as
     “Schochill C. Chavez”); and J.K.        RESIDENTIAL SERVICES,             INC.

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10                      SUPERIOR COURT OF THE STATE OF CALIFORNIA                                                        *




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                             FOR THE COUNTY OF SAN BERNARDINO                                                      fi‘i’
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                                                                                                                        ED
14                                                               Case No. CIVDSZOl2799
     ELIZABETH HECTOR,         an individual;
                                                                                                                             F:
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                                     Plaintiff;                  DEFENDANTS’ MOTION IN LIMINE
16                                                               NO. 9 TO EXCLUDE EVIDENCE OF
     v.                                                          MEDICAL BILLS IN EXCESS OF THE
17                                                               REASONABLE VALUE;
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     STERLING ESTATES,        a business entity                  MEMORANDUM OF POINTS AND
     form unknown; ANZA MANAGEMENT                               AUTHORITIES IN SUPPORT
19   COMPANY, a corporation; SCHOCHILL C.                        THEREOF; DECLARATION OF
     CHAVEZ,     an individual; and Does       1   through       DANIEL G. FLESCH
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     50, Inclusive,
                                         Defendants.             Trial Date:            October 16, 2023
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                                                                 Trial Readiness:       October 12, 2023

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             TO THE COURT, ALL PARTIES HEREIN AND THEIR ATTORNEYS OF
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      RECORD:

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           DEFENDANTS’ MOTION IN LIMINE NO. 9 T0 EXCLUDE EVIDENCE OF
               MEDICAL BILLS IN EXCESS OF THE REASONABLE VALUE
             Defendants hereby seek an order from                  this   Court excluding evidence of or reference to

                                                              unpaid medical     bills, liens   or charges for the medical
     Plaintiff Elizabeth Hector’s (“Plaintiff”)


     services provided,         and precluding    all    expert witness testimony as to the reasonable value 0f


     medical services       when based 0n anything             other than the market reimbursement rate.


                                         move    for    an order instructing Plaintiff and         Plaintiff‘s counsel,   and
             Defendants further

     requiring Plaintiffs counsel to advise             all   of Plaintiff‘s witnesses:

              1.          Not   to mention, refer t0, or attempt t0           convey   to the jury in   any manner, either

     directly or indirectly,       any of the   facts   mentioned        in this motion.


             2.           Not to make any reference            t0 the fact that this   motion has been filed; and;
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                          To warn counsel and each and every one ofPlaintiff‘s witnesses to                  strictly   follow
              3.
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12   the   same    instructions.


              The motion          is   based upon       this Notice, the attached          Memorandum       of Points and
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     Authorities,     all   of the records in the Court‘s file in              this action,      and 0n other evidence and
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15   argument      that   may be presented prior t0           0r at the hearing of this matter.




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17   Date: October 9, 2023                               BINDER AND KALIOUNDJI LLP
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                                                                    DM%
                                                                   Daniel G. Flesch, Esq.
20                                                                 Attorney for Defendants

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            DEFENDANTS’ MOTION IN LIMINE NO. 9 T0 EXCLUDE EVIDENCE OF
                MEDICAL BILLS IN EXCESS OF THE REASONABLE VALUE