On July 02, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Nour, Racha,
and
Diamond Ridge Corporation,
Kassih, Jihan,
Phipps, Loretta,
Phipps, William,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
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FILED
SUPERIOR CC“ NH CM URI Hp
v,r,'- 5F
COUNTY OF SAN [:ERNAHUINO
Penelope M. Deihl, Esq., SBN 167040
Stephanie L. Freismuth. Esq., SBN 319519 '7
CLARK HILL LLP SEP 2 2923
555 South Flower Street, 24th Floor
Los Angeles. CA 9007]
AWN
Telephone: (213) 891-9100
LN:
Marja,
rfiarfi‘nihdmscn Depuzy
Facsimile: (213) 488-1 178
PDeihl@ClarkHill.c0m
SFreismuth@ClarkHill.com
Attorneys for Defendants
JIHAN KASSIH and DIAMOND RIDGE CORPORATION dba
OOOONQ'JI
RE/MAX CHAMPIONS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY 0F SAN BERNARDINO
11 RACHA NOUR. an Individual, Case N0. CIVDSZOI4664
Assigned to the Honorable Brian S. McCarVille;
12 Plaintiff, Dept. S30
(931:!
13 v. NOTICE OF MOTION AND MOTION IN
LIMINE NO. 4 OF DEFENDANTS, JIHAN
14 WILLIAM PHIPPS. an Individual; LORETTA KASSIH AND DIAMOND RIDGE
PHIPPS. an Individual: JIHAN KASSIH, an CORPORATION DBA RE/MAX
15 DIAMOND RIDGE
individual; CHAMPIONS. TO PRECLUDE PLAINTIFF
CORPORATION DBA RE/MAX FROM PRESENTING EVIDENCE OF
16 CHAMPIONS; and DOES l TO 10, inclusive,. EMOTIONAL DISTRESS; DECLARATION
OF PENELOPE M. DEIHL
17 Defendants.
Motion in Limine N0. 4 of5
18
[Filed concurrently with [Proposed] Order]
19
Complaint Filed: July 2, 2020
20 Trial Date: October 23. 2023
21 AND RELATED CROSS-ACTION.
22
T0 ALL PARTIES AND THEIR ATTORNEYS 0F RECORD:
23
PLEASE TAKE NOTICE that on October l9, 2023 at 8:30 a.m. in Department S30 of the
24
above entitled Court located at 247 West Third Street. San Bemardino, California 9241 5, Defendants,
25
JIHAN KASSIH and DIAMOND RIDGE CORPORATION DBA RE/MAX CHAMPIONS
26
(collectively "Re/Max”). will and hereby do move this Court in limine for an Order precluding
plaintiff. RACHA NOUR (“Plaintiff“). and Plaintiff‘s counsel. from offering any evidence, mention
1
NOTICE OF MOTION AND MOTION IN LIMINE NO. 4 OF DEFENDANTS, JIHAN KASSIH AND DIAMOND RIDGE
CORPORATION DBA RE/MAX CHAMPIONS, TO PRECLUDE PLAINTIFF FROM PRESENTING EVIDENCE OF
EMOTIONAL DISTRESS
of. reference t0, or argument that Plaintiff or her family sustained emotional distress or is entitled t0
emotional distress damages.
Re/Max further moves the Court to instruct all parties and their counsel. as well as require
UIAUJN
counsel to advise all witnesses ofthe following:
l. Not to attempt to convey to thejury, directly or indirectly, any ofthe facts mentioned
in this Motion;
2. Not t0 make any reference t0 the fact that this Motion has been filed; and
OOOONO 3. To warn and caution all witnesses to strictly follow the same instructions.
This Motion made on the grounds that emotional distress damages may not be recovered where
the injury suffered is merely economic. (Erlich v. Menezes (I999) 21 Cal.4th 543.)
11 This motion is also made pursuant to Evidence Code § 352. on the grounds that any arguable
12 probative value 0f this evidence is substantially outweighed by the probability that its admission will
13 necessitate undue consumption of time or create substantial danger of undue prejudice, of confusing
14 the issues. or ofmisleading thejury.
15 Pursuant to Superior Coun of California County of San Bemardino Local Rule of Court 415.
16 Defense Counsel emailed Plaintiff‘s Counsel 0n September 18. 2023 to try and obtain a stipulation to
17 obviate the need for this Motion. (A true and correct copy 0f the meet and confer letter is attached t0
18 the Declaration of Penelope M. Deihl (“Deihl Decl") as Exhibit “A”; Deihl Decl. 11 3.) A telephonic
19 meet and confer took place on September 25, 2023. As ofthe filing ofthis Motion, Plaintiff‘s Counsel
20 has not agreed to stipulate.
21 ///
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28 2
NOTICE OF MOTION AND MOTION IN LIMINE NO. 4 OF DEFENDANTS. JIHAN KASSIH AND DIAMOND RIDGE
CORPORATION DBA RE/MAX CHAMPIONS, TO PRECLUDE PLAINTIFF FROM PRESENTING EVIDENCE OF
EMOTIONAL DISTRESS
Document Filed Date
September 27, 2023
Case Filing Date
July 02, 2020
Category
Breach of Contract/Warranty Unlimited
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FILED SUPERIOR CC“ NH CM URI Hp v,r,'- 5F COUNTY OF SAN [:ERNAHUINO Penelope M. Deihl, Esq., SBN 167040 Stephanie L. Freismuth. Esq., SBN 319519 '7 CLARK HILL LLP SEP 2 2923 555 South Flower Street, 24th Floor Los Angeles. CA 9007] AWN Telephone: (213) 891-9100 LN: Marja, rfiarfi‘nihdmscn Depuzy Facsimile: (213) 488-1 178 PDeihl@ClarkHill.c0m SFreismuth@ClarkHill.com Attorneys for Defendants JIHAN KASSIH and DIAMOND RIDGE CORPORATION dba OOOONQ'JI RE/MAX CHAMPIONS SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY 0F SAN BERNARDINO 11 RACHA NOUR. an Individual, Case N0. CIVDSZOI4664 Assigned to the Honorable Brian S. McCarVille; 12 Plaintiff, Dept. S30 (931:! 13 v. NOTICE OF MOTION AND MOTION IN LIMINE NO. 4 OF DEFENDANTS, JIHAN 14 WILLIAM PHIPPS. an Individual; LORETTA KASSIH AND DIAMOND RIDGE PHIPPS. an Individual: JIHAN KASSIH, an CORPORATION DBA RE/MAX 15 DIAMOND RIDGE individual; CHAMPIONS. TO PRECLUDE PLAINTIFF CORPORATION DBA RE/MAX FROM PRESENTING EVIDENCE OF 16 CHAMPIONS; and DOES l TO 10, inclusive,. EMOTIONAL DISTRESS; DECLARATION OF PENELOPE M. DEIHL 17 Defendants. Motion in Limine N0. 4 of5 18 [Filed concurrently with [Proposed] Order] 19 Complaint Filed: July 2, 2020 20 Trial Date: October 23. 2023 21 AND RELATED CROSS-ACTION. 22 T0 ALL PARTIES AND THEIR ATTORNEYS 0F RECORD: 23 PLEASE TAKE NOTICE that on October l9, 2023 at 8:30 a.m. in Department S30 of the 24 above entitled Court located at 247 West Third Street. San Bemardino, California 9241 5, Defendants, 25 JIHAN KASSIH and DIAMOND RIDGE CORPORATION DBA RE/MAX CHAMPIONS 26 (collectively "Re/Max”). will and hereby do move this Court in limine for an Order precluding plaintiff. RACHA NOUR (“Plaintiff“). and Plaintiff‘s counsel. from offering any evidence, mention 1 NOTICE OF MOTION AND MOTION IN LIMINE NO. 4 OF DEFENDANTS, JIHAN KASSIH AND DIAMOND RIDGE CORPORATION DBA RE/MAX CHAMPIONS, TO PRECLUDE PLAINTIFF FROM PRESENTING EVIDENCE OF EMOTIONAL DISTRESS of. reference t0, or argument that Plaintiff or her family sustained emotional distress or is entitled t0 emotional distress damages. Re/Max further moves the Court to instruct all parties and their counsel. as well as require UIAUJN counsel to advise all witnesses ofthe following: l. Not to attempt to convey to thejury, directly or indirectly, any ofthe facts mentioned in this Motion; 2. Not t0 make any reference t0 the fact that this Motion has been filed; and OOOONO 3. To warn and caution all witnesses to strictly follow the same instructions. This Motion made on the grounds that emotional distress damages may not be recovered where the injury suffered is merely economic. (Erlich v. Menezes (I999) 21 Cal.4th 543.) 11 This motion is also made pursuant to Evidence Code § 352. on the grounds that any arguable 12 probative value 0f this evidence is substantially outweighed by the probability that its admission will 13 necessitate undue consumption of time or create substantial danger of undue prejudice, of confusing 14 the issues. or ofmisleading thejury. 15 Pursuant to Superior Coun of California County of San Bemardino Local Rule of Court 415. 16 Defense Counsel emailed Plaintiff‘s Counsel 0n September 18. 2023 to try and obtain a stipulation to 17 obviate the need for this Motion. (A true and correct copy 0f the meet and confer letter is attached t0 18 the Declaration of Penelope M. Deihl (“Deihl Decl") as Exhibit “A”; Deihl Decl. 11 3.) A telephonic 19 meet and confer took place on September 25, 2023. As ofthe filing ofthis Motion, Plaintiff‘s Counsel 20 has not agreed to stipulate. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 2 NOTICE OF MOTION AND MOTION IN LIMINE NO. 4 OF DEFENDANTS. JIHAN KASSIH AND DIAMOND RIDGE CORPORATION DBA RE/MAX CHAMPIONS, TO PRECLUDE PLAINTIFF FROM PRESENTING EVIDENCE OF EMOTIONAL DISTRESS