Trial Materials: PEREZ VS SUMMER RIDGE APTS Print

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     LAW OFFICES OF PATRICK J MCDONOUGH                                                                          ct U
                                                                                                                                           r IFORNIA
                                                                                           Ci3UPd7Y              C                   c
                                                                                                                                         I l4R J NQ
     D irk E Silva     SBN    134135                                                           sAr       8           P   i               sT Ri   r
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     P O Box 51457 3633 E Inland Empire Boulevard Suite 450
                                                                                                         S                       7 2015
     Ontario CA 91764
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     Telephone    909 890 4667                                                                               y
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4    Facsimile    909 890 4208
                                                                                                                                                     ty

 5   Attorneys for Defendant Cross Defendant LIBERTY LANDSCAPING INC


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 g                              SUPERIOR COURT OF THE STATE OF CALIFORNIA

 9                                   COUNTY OF SAN BERNARDINO                       CENTRAL

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11   LORENA ANN PEREZ                                              Case No       CIVVS 1300296
                                                                   Complaint filed January 31 2013
12                      Plaintiff                                  Assigned to     Hon Wilfred J Schneider
                                                                   Dept    S32
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                                                                   LIBERTY LANDSCAPING INC S
14    SUMMER RIDGE APARTMENTS                     et al
                                                                   OBJECTIONS TO PLAINTIFF S LISTED
                                                                   EXHIBITS
15                      Defendants

                                                                   TRIAL DATE         September 21 2015
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      AND RELATED CROSS ACTIONS
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1g               Defendant LIBERTY LANDSCAPING                    INC     hereby submrts the followmg Ob ections to

1g     Plaintiff s Listed Exhibits as follows


20               103   Objections    Evidence Code        1200    This exhibit is hearsay because it is based on an out

21     of court statement submitted      for   the truth of the matter asserted     Defendant is informed that Plaintiff


22     intends to introduce the illustration through a non retained treating physician Babak Barcohana MD

23     Dr Barcohana is only entitled to testify as to his past treatment of Plaintiff and is unable to

24     authenticate the illustration


                 105    Objections       Evidence Code      401   and   352      This exhibit is proffered evidence                                       the
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26     admissibility or inadmissibility of which is dependent upon the existence or nonexistence of a

27     preliminary fact      Relevance     This exhibit is not relevant because it does not have any tendency in

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                       LIBERTY LANDSCAPING          INC   S OBJECTIONS TO PLAINTIFF S LISTED EXHIBITS
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      reason to prove or disprove any disputed fact that is of consequence to the determination of the action
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      Further the photographs taken by Plaintiff s expert were not taken at or near the time of the subject
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      incident and are not accurate representations of the condition of the scene at the actual time of the
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      incident   Over two years passed between the time of the incident and the date when the photographs
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      were taken and they are highly prejudicial to Defendant given their minimal probative value
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             106       Objections     Evidence Code   401and     352   This exhibit is proffered evidence   the
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      admissibility    or inadmissibility of which is dependent upon the existence or nonexistence of a
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      preliminary fact    Relevance     This exhibit is not relevant because it does not have any tendency in
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      reason to prove or disprove any disputed fact that is of consequence to the determination of the action
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      Further the video taken by Plaintiffls expert was not taken at or near the time of the subject incident
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      and is not an accurate representation of the condition of the scene at the actual time of the incident
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      Over two years passed between the time of the incident and the date when the video was taken and it is
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      highly prejudicial to Defendant given its minimal probative value
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15    DATED      September 16 2015                          Law Offices of Patrick J McDonough


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                                                            By
                                                               Dirk E Sil    Esq
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                                                               Attorney for Defe dant Cross Defendant
19                                                             LIBERTY LANDSCAPING INC


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                      LIBERTY LANDSCAPING     INC   S OBJECTIONS TO PLAINTIFF S LISTED EXHIBITS