On March 06, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Hyle, John,
and
Aguilar, Elia M,
Rodriguez, Arianna Athena,
Rodriguez, Arianne Athena,
Rodriguez, David J,
for PI Motor Vehicle
in the District Court of San Bernardino County.
Preview
\a
RIZIO LIPINKSY LAW FIRM PC
Gregory G. Rizio, Bar No. 157008
'PERIOR CC 5‘lfiTEFB '. IVOR"'n. 'A
‘
grizio@riziolawfirm.com StéOUNTY OF §AN BERN_AR[.3|P~.O
Lynn P. Whitlock, Bar No. 127537 SAN BERNARDINO DISTRQT
lwhitlock@riziolawfirm.com
2677 North Main Street, Ste. 225 'SEP GI 2022
Santa Ana, CA 92705
WOONQUIthNh—I
Phone: (714) 505-2468 t
Facsimile: (714) 547-1245 BY ___._.A.é?‘2’_§s<..-._-_.-- .V..
DEP'J '9‘."
Attorneys for Plaintiff John Hyle
SUPERIOR COURT OF THE STATE 0F CALIFORNIA
COUNTY OF SAN BERNARDINO
ByFAX
JOHN HYLE, Case No. CIVDS 1 90703 7
Plaintiff,
PLAINTIFF’S NOTICE OF MOTION
v.
AND MOTION IN LIMINE NO. 1 OF 2,
ARIANNA ATHENA RODRIGUEZ; TO EXCLUDE EVIDENCE OF
DAVID J. RODRIGUZ; ELIA M. SURVEILLANCE (SUBROSA)
AGUILAR; and DOES 1 through 100,
PHOTOGRAPHS AND VIDEOS;
inclusive,
SUPPORTING DECLARATION OF
PLAINTIFF’S COUNSEL
Defendants.
Trial Date: 9/1 9/22
Trial Time: 10:0 A.M.
NNNNNNNNNh—‘HHHv—Ih—Hu—Ip—Ip—
TRC: 9/1 5/22
TRC Time: 8:30 A.M.
WQCNM-hWNHOQOO‘QQM-RNNP‘O
Dept: S28
TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS:
PLEASE TAKE NOTICE that plaintiff John Hyle does hereby move this Court for an order
precluding defense counsel and defense witnesses from producing evidence, testimony and/or
argument as to surveillance, including surveillanée (subrosa) photographs or Video. Alternatively,
in the event the Court permits the defense t0 show the jury any evidence of surveillance
photographs, video or. other evidence of surveillance, plaintiff seeks an order of the Court
compelling the defense to produce beforehand, and give plaintifi‘ a chance to review in a timely
-1 _
PLAINTIFF’S NOTICE 0F MOTION AND MOTION IN LIMINE N0. 0F 2, TO EXCLUDE EVIDENCE 0F
1
SURVEILLANCE (SUBROSA) PHOTOGRAPHS AND VIDEOS
manner gfl such evidence, and an opportunity to present any additional obj actions plaintiff may
have to such evidence.
The motion is made 0n the grounds that defendants have failed to produce any such evidence
in discovery, nor have defendants produced any such evidence in response to plaintiff’s request to
appear and produce evidence and documents at trial pursuant to Califomia Code of Civil Procedure
\OOOVONUIhbJNH
section 1987(b). Further, any such evidence should be excluded under Evidence Code section 352.
This motion is based on this notice of motion, the attached memorandum of points and
authorities, the declaration ofplaintiff’ s counsel filed herewith, the court’s file in this matter, all other
matters of Which the Court may take judicial notice, and any argument or evidence that may be
presented to or considered by the Court prior t0 its ruling.
Wherefore, plaintiff prays for an order of this Court precluding defense counsel and defense
witnesses from producing evidence; testimony and/or argument as to surveillance, including
suweillance (subrosa) photographs or video. Plaintifl further seeks an order requiring the attorneys
for all parties to instruct their witnesses of the Court's exclusionary order on this motion, and further
precluding any attorney, party, or witness from making any reference to the filing of this motion,
whether it be granted or denied. If this Coufi permits the defense to present any such evidence to
the jury, plaintiff prays for an order of the Court compelling the defense to provide to plaintiff, in a
NNNNNNNNNHHHH‘HHJ—Ih-HH
timely manner, all such evidence, and a chance for plainfifi to present any further or additional
obj ections thereto. Plaintiff prays for such additional relief as this Court should deem proper.
OOQONU’IAWNk-dowooflathoJNb-do
DATED:
g r50 PV-
Lynn P. Whitlock, Esq.
Attorneys for Plaintiff
-2-
PLAINTIFF’S NOTICE OF MOTION AND MOTION IN LlMlNE N0. OF 2, TO EXCLUDE EVIDENCE OF
I
SURVEILLANCE (SUBROSA) PHOTOGRAPHS AND VIDEOS
Document Filed Date
September 01, 2022
Case Filing Date
March 06, 2019
Category
PI Motor Vehicle
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\a RIZIO LIPINKSY LAW FIRM PC Gregory G. Rizio, Bar No. 157008 'PERIOR CC 5‘lfiTEFB '. IVOR"'n. 'A ‘ grizio@riziolawfirm.com StéOUNTY OF §AN BERN_AR[.3|P~.O Lynn P. Whitlock, Bar No. 127537 SAN BERNARDINO DISTRQT lwhitlock@riziolawfirm.com 2677 North Main Street, Ste. 225 'SEP GI 2022 Santa Ana, CA 92705 WOONQUIthNh—I Phone: (714) 505-2468 t Facsimile: (714) 547-1245 BY ___._.A.é?‘2’_§s<..-._-_.-- .V.. DEP'J '9‘." Attorneys for Plaintiff John Hyle SUPERIOR COURT OF THE STATE 0F CALIFORNIA COUNTY OF SAN BERNARDINO ByFAX JOHN HYLE, Case No. CIVDS 1 90703 7 Plaintiff, PLAINTIFF’S NOTICE OF MOTION v. AND MOTION IN LIMINE NO. 1 OF 2, ARIANNA ATHENA RODRIGUEZ; TO EXCLUDE EVIDENCE OF DAVID J. RODRIGUZ; ELIA M. SURVEILLANCE (SUBROSA) AGUILAR; and DOES 1 through 100, PHOTOGRAPHS AND VIDEOS; inclusive, SUPPORTING DECLARATION OF PLAINTIFF’S COUNSEL Defendants. Trial Date: 9/1 9/22 Trial Time: 10:0 A.M. NNNNNNNNNh—‘HHHv—Ih—Hu—Ip—Ip— TRC: 9/1 5/22 TRC Time: 8:30 A.M. WQCNM-hWNHOQOO‘QQM-RNNP‘O Dept: S28 TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS: PLEASE TAKE NOTICE that plaintiff John Hyle does hereby move this Court for an order precluding defense counsel and defense witnesses from producing evidence, testimony and/or argument as to surveillance, including surveillanée (subrosa) photographs or Video. Alternatively, in the event the Court permits the defense t0 show the jury any evidence of surveillance photographs, video or. other evidence of surveillance, plaintiff seeks an order of the Court compelling the defense to produce beforehand, and give plaintifi‘ a chance to review in a timely -1 _ PLAINTIFF’S NOTICE 0F MOTION AND MOTION IN LIMINE N0. 0F 2, TO EXCLUDE EVIDENCE 0F 1 SURVEILLANCE (SUBROSA) PHOTOGRAPHS AND VIDEOS manner gfl such evidence, and an opportunity to present any additional obj actions plaintiff may have to such evidence. The motion is made 0n the grounds that defendants have failed to produce any such evidence in discovery, nor have defendants produced any such evidence in response to plaintiff’s request to appear and produce evidence and documents at trial pursuant to Califomia Code of Civil Procedure \OOOVONUIhbJNH section 1987(b). Further, any such evidence should be excluded under Evidence Code section 352. This motion is based on this notice of motion, the attached memorandum of points and authorities, the declaration ofplaintiff’ s counsel filed herewith, the court’s file in this matter, all other matters of Which the Court may take judicial notice, and any argument or evidence that may be presented to or considered by the Court prior t0 its ruling. Wherefore, plaintiff prays for an order of this Court precluding defense counsel and defense witnesses from producing evidence; testimony and/or argument as to surveillance, including suweillance (subrosa) photographs or video. Plaintifl further seeks an order requiring the attorneys for all parties to instruct their witnesses of the Court's exclusionary order on this motion, and further precluding any attorney, party, or witness from making any reference to the filing of this motion, whether it be granted or denied. If this Coufi permits the defense to present any such evidence to the jury, plaintiff prays for an order of the Court compelling the defense to provide to plaintiff, in a NNNNNNNNNHHHH‘HHJ—Ih-HH timely manner, all such evidence, and a chance for plainfifi to present any further or additional obj ections thereto. Plaintiff prays for such additional relief as this Court should deem proper. OOQONU’IAWNk-dowooflathoJNb-do DATED: g r50 PV- Lynn P. Whitlock, Esq. Attorneys for Plaintiff -2- PLAINTIFF’S NOTICE OF MOTION AND MOTION IN LlMlNE N0. OF 2, TO EXCLUDE EVIDENCE OF I SURVEILLANCE (SUBROSA) PHOTOGRAPHS AND VIDEOS