On December 14, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Reyes, Veronica,
and
Does 1 Through 100, Inclusive,
Does 2 Through 100, Inclusive,
Knolls West Convalescent Hospital,
Knolls West Post Acute Llc,
Knolls West Post Acute, Llc,
Rios, Leila,
Victor Valley Medical Center,
for Medical Malpractice Unlimited
in the District Court of San Bernardino County.
Preview
ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
Alexander F. Giovanniello (CSB # 125562)
Martin R. Boags (CSB # 178704) 10/19/2023 2:09 PM
GIOVANNIELLO LAW GROUP
One Pointe Drive, Suite 300 By: Gloria Portillo, DEPUTY
Brea, California 92821
Ph: (714) 364-4000
Fax: (714) 364-4001
service@giolawgroup.com
\DOONQUI-bUJNH
Attorneys for Defendants:
KNOLLS WEST POST ACUTE, LLC
and LEILA RIOS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
VERONICA REYES, an individual; ) Case No.2 CIVSB2028 140
VERONICA REYES, successor—in-interest )
0f decedent ALICE REYES, ) NOTICE OF MOTION AND MOTION IN
) LIMINE TO PRECLUDE ANY REFERENCE
Plaintiff, ) TO THE EXISTENCE OF INSURANCE BY
) DEFENDANTS KNOLLS WEST POST
vs. ) ACUTE, LLC AND LEILA RIOS
)
KNOLLS WEST
CONVALESCENT )
HOSPITAL, unknown entity; KNOLLS ) [Motion in Limine No. 10 of 19]
WEST POST ACUTE LLC, a California)
NNNNNNNNNr—tr—tr—tr—tr—tr—tr—tr—tr—tr—t
corporation; LEILA RIOS, an individual; and )
DOES 1 through 100 inclusive, TRIAL November 6, 2023
TIME: 10:00 a.m.
Defendants. DEPT S28
OOQQUI-PUJNHOKDOOQQUI-bUJNHO
#VVVVVVVVVV
JUDGE: Hon. Michael A. Sachs
Complaint filed December 2 1 2020 ,
Trial scheduled November 6, 2023
TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE Defendants KNOLLS WEST POST ACUTE, LLC and
LEILA RIOS (hereinafter referred to as “Defendants”) hereby move this Court, located at 247
West Third Street, San Bernardino, CA 92415, for an order, in limine, instructing all parties, their
counsel, and Witnesses 0n the following matters:
///
NOTICE OF MOTION AND MOTION IN LIMINE TO PRECLUDE ANY REFERENCE TO THE EXISTENCE
OF INSURANCE BY DEFENDANTS KNOLLS WEST POST ACUTE, LLC AND LEILA RIOS
[Motion in Limine N0. 10 0f 19]
1. Excluding any evidence of insurance coverage, reference to 0r mention of its
insurance, the lack thereof, or any questions relating thereto;
2. Excluding any evidence of, reference to, 0r mention 0f Whether Defendants have
had 0r has liability insurance 0f any kind;
3. Refraining all parties and Witnesses from mentioning, referring t0, commenting
\OOOQQUIAUJNH
0n, asking questions concerning, or attempting to convey in any manner t0 the jury, either directly
or indirectly, any information relating to Defendants’ insurance or insurance proceeds;
4. Instructing said counsel t0 warn 0r caution each and every Witness called by parties
and counsel to strictly follow the same instructions; and
5. Instructing said persons not to make any references t0 the fact that this motion was
filed or granted.
This motion in limine is made on the grounds that there is no issue With respect t0
Defendants regarding insurance, 0r any questions relating to a party’s coverage, or the
disbursement of insurance proceeds. Thus, reference to Defendants’ insurance coverage is
irrelevant. Any attempt t0 put the issue of insurance before the jury would be highly improper
and prejudicial. Furthermore, any attempt to bring these matters to the jury’s attention, directly
NNNNNNNNNr—tr—tr—tr—tr—tr—tr—tr—tr—tr—t
or indirectly, would result in grounds for a mistrial and would result in unnecessary expense and
inconvenience to the litigants, the court, and the public in general. Moreover, in addition t0 being
inflammatory and prejudicial, any evidence 0f Defendants’ insurance 0r lack thereof is irrelevant
OOQONUI-bUJNHOOOOQONUIAUJNHO
and inadmissible under the relevant provisions 0f the Evidence Code.
This motion in limine is based on the attached Memorandum of Points and Authorities,
upon the pleadings herein, and upon such evidence, oral and documentary, that may be presented
at the hearing.
Dated: October 19, 2023 GIOVANNIELLO LAW GROUP
V
Alexgnder F. Giovanniello
Martin R. Boags
Attorneys for Defendants:
KNOLLS WEST POST ACUTE, LLC
and LEILA RIOS
11
NOTICE OF MOTION AND MOTION IN LIMINE TO PRECLUDE ANY REFERENCE TO THE EXISTENCE
OF INSURANCE BY DEFENDANTS KNOLLS WEST POST ACUTE, LLC AND LEILA RIOS
[Motion in Limine No. 10 0f 19]
Preview
ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT Alexander F. Giovanniello (CSB # 125562) Martin R. Boags (CSB # 178704) 10/19/2023 2:09 PM GIOVANNIELLO LAW GROUP One Pointe Drive, Suite 300 By: Gloria Portillo, DEPUTY Brea, California 92821 Ph: (714) 364-4000 Fax: (714) 364-4001 service@giolawgroup.com \DOONQUI-bUJNH Attorneys for Defendants: KNOLLS WEST POST ACUTE, LLC and LEILA RIOS SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO VERONICA REYES, an individual; ) Case No.2 CIVSB2028 140 VERONICA REYES, successor—in-interest ) 0f decedent ALICE REYES, ) NOTICE OF MOTION AND MOTION IN ) LIMINE TO PRECLUDE ANY REFERENCE Plaintiff, ) TO THE EXISTENCE OF INSURANCE BY ) DEFENDANTS KNOLLS WEST POST vs. ) ACUTE, LLC AND LEILA RIOS ) KNOLLS WEST CONVALESCENT ) HOSPITAL, unknown entity; KNOLLS ) [Motion in Limine No. 10 of 19] WEST POST ACUTE LLC, a California) NNNNNNNNNr—tr—tr—tr—tr—tr—tr—tr—tr—tr—t corporation; LEILA RIOS, an individual; and ) DOES 1 through 100 inclusive, TRIAL November 6, 2023 TIME: 10:00 a.m. Defendants. DEPT S28 OOQQUI-PUJNHOKDOOQQUI-bUJNHO #VVVVVVVVVV JUDGE: Hon. Michael A. Sachs Complaint filed December 2 1 2020 , Trial scheduled November 6, 2023 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE Defendants KNOLLS WEST POST ACUTE, LLC and LEILA RIOS (hereinafter referred to as “Defendants”) hereby move this Court, located at 247 West Third Street, San Bernardino, CA 92415, for an order, in limine, instructing all parties, their counsel, and Witnesses 0n the following matters: /// NOTICE OF MOTION AND MOTION IN LIMINE TO PRECLUDE ANY REFERENCE TO THE EXISTENCE OF INSURANCE BY DEFENDANTS KNOLLS WEST POST ACUTE, LLC AND LEILA RIOS [Motion in Limine N0. 10 0f 19] 1. Excluding any evidence of insurance coverage, reference to 0r mention of its insurance, the lack thereof, or any questions relating thereto; 2. Excluding any evidence of, reference to, 0r mention 0f Whether Defendants have had 0r has liability insurance 0f any kind; 3. Refraining all parties and Witnesses from mentioning, referring t0, commenting \OOOQQUIAUJNH 0n, asking questions concerning, or attempting to convey in any manner t0 the jury, either directly or indirectly, any information relating to Defendants’ insurance or insurance proceeds; 4. Instructing said counsel t0 warn 0r caution each and every Witness called by parties and counsel to strictly follow the same instructions; and 5. Instructing said persons not to make any references t0 the fact that this motion was filed or granted. This motion in limine is made on the grounds that there is no issue With respect t0 Defendants regarding insurance, 0r any questions relating to a party’s coverage, or the disbursement of insurance proceeds. Thus, reference to Defendants’ insurance coverage is irrelevant. Any attempt t0 put the issue of insurance before the jury would be highly improper and prejudicial. Furthermore, any attempt to bring these matters to the jury’s attention, directly NNNNNNNNNr—tr—tr—tr—tr—tr—tr—tr—tr—tr—t or indirectly, would result in grounds for a mistrial and would result in unnecessary expense and inconvenience to the litigants, the court, and the public in general. Moreover, in addition t0 being inflammatory and prejudicial, any evidence 0f Defendants’ insurance 0r lack thereof is irrelevant OOQONUI-bUJNHOOOOQONUIAUJNHO and inadmissible under the relevant provisions 0f the Evidence Code. This motion in limine is based on the attached Memorandum of Points and Authorities, upon the pleadings herein, and upon such evidence, oral and documentary, that may be presented at the hearing. Dated: October 19, 2023 GIOVANNIELLO LAW GROUP V Alexgnder F. Giovanniello Martin R. Boags Attorneys for Defendants: KNOLLS WEST POST ACUTE, LLC and LEILA RIOS 11 NOTICE OF MOTION AND MOTION IN LIMINE TO PRECLUDE ANY REFERENCE TO THE EXISTENCE OF INSURANCE BY DEFENDANTS KNOLLS WEST POST ACUTE, LLC AND LEILA RIOS [Motion in Limine No. 10 0f 19]