On January 24, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Williams, Barbara,
and
Maldonado, Mariclare,
Wilson, Troy,
for Personal Injury Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
Ognian Gavrilov (SBN 258583) ELECTRONICALLY FILED (Aut
David Kahn (SBN 148639) SUPERIOR COURT OF CALIFC )RNIA
GAVRILOV & BROOKS COUNTY OF SAN BERNARDIB O
11/30/2023 4:14 PM
23 15 Capitol Avenue
515 S. Figueroa Street, Suite 1235
Telephone: (916) 504-0529
Facsimile: (916) 727—6877
KDOOVONUI-hUJNr—t
Email: ognian@gavrilovlaw.com
Email: dkahn@gavrilovlaw.com
M. Kashani, SBN 2666 1 0
Jonathan
THE LAW OFFICE OF JONATHAN M. KASHANI, P.L.C.
Kash Legal Building
2839 South Robertson Boulevard
Los Angeles, California 90034
Telephone: (3 10) 272-7 1 57
Facsimile: (3 10) 272-7746
Email: litigationteam@kashlegal.com
95816
Brooks
Avenue
Attorneys for Plaintiff
CA BARBARA WILLIAMS
8:
Capitol
SUPERIOR COURT FOR STATE OF CALIFORNLA
Gavrilov
Sacramento,
2315
FOR THE COUNTY OF SAN BERNARNDINO
BARBARA WILLIAMS, Case No. CIVDSZOO2655
Plaintiff,
MOTION IN LIMINE N0. 4
PLAINTIFF’S
NNNNNNNNNt—tt—tt—tt—tr—tr—th—tt—tp—t
V.
TO EXCLUDE HEARSAY AND EXPERT
OPINIONS FROM POLICE OFFICER
TROY WILSON, et 211., AND POLICE RECORDS; DECLARATION
oouam-war—‘Okoooumm-mer—‘O
OF COUNSEL
Defendants.
Complaint Filed: January 26, 2020
Trial Date: December 11, 2023
1
PLAINTIFF’S MOTION IN LIMINE NO. 4
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Plaintiff, BARBARA WILLIAMS, respectfully submits the
following Motion in Limine No. 4
KOOONOM-bWNr—t
(1) Exclude any and all testimony, reference, argument, 0r mention 0f any kind to hearsay
evidence, information, 0r documents from the police officer, police reports, or other police 0r law
enforcement records, as well as all opinions or expert evidence.
(2) Require the attorneys for all parties to instruct their Witnesses 0f the Court’s exclusionary
order on this motion, and to present an offer of proof to the Court prior t0 any use of such evidence in
front of the jury.
95816
I. INTRODUCTION AND FACTUAL BACKGROUND
Avenue
Brooks
CA
& This matter stems from a motor vehicle accident Which occurred 0n March 13, 2018, at
Capitol
Gavrilov
approximately 7:30 p.m., near the intersection 0f Medical Center Drive and Baseline Road in San
Sacramento,
2315
Bernardino. The accident occurred as plaintiff Barbara Wilson was leaving and defendant driver Troy
Wilson was entering the parking lot 0f a 7-Eleven gas station. Defendant Mariclaire Maldonado was
NNNNNNNNNHHHr—Ar—Ar—Ar—tr—tr—b—A
an owner of the vehicle. Ms. Williams was seriously injured as a result 0f this accident.
The police officer responding t0 the scene and/or preparing the report 0f the accident rendered
OONQM-bWNr—‘OOOONOM-PUJNr—‘O
certain opinions as to the accident’s cause, predicate information, and truthfulness or biases of the
plaintiff, defendant driver, and/or independent Witnesses. Such opinions of a non-expert are
inadmissible. Similarly, hearsay of this type 0f inadmissible and unhelpful, and defendants can call
Whatever Witnesses they Wish at trial Who can testify as t0 their personal observations allowable Within
the rules of evidence.
Plaintiff anticipates that at the time of trial defendants will attempt to elicit evidence as t0
hearsay from police reports and/or from police officers. Defendants will likely also attempt to elicit
improper opinion evidence from the law enforcement officers.
II. LEGAL ARGUMENT
A. Legal Authority for Motions in Limine.
2
PLAINTIFF’S MOTION IN LIMINE NO. 4
Document Filed Date
November 30, 2023
Case Filing Date
January 24, 2020
Category
Personal Injury Motor Vehicle Unlimited
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Ognian Gavrilov (SBN 258583) ELECTRONICALLY FILED (Aut David Kahn (SBN 148639) SUPERIOR COURT OF CALIFC )RNIA GAVRILOV & BROOKS COUNTY OF SAN BERNARDIB O 11/30/2023 4:14 PM 23 15 Capitol Avenue 515 S. Figueroa Street, Suite 1235 Telephone: (916) 504-0529 Facsimile: (916) 727—6877 KDOOVONUI-hUJNr—t Email: ognian@gavrilovlaw.com Email: dkahn@gavrilovlaw.com M. Kashani, SBN 2666 1 0 Jonathan THE LAW OFFICE OF JONATHAN M. KASHANI, P.L.C. Kash Legal Building 2839 South Robertson Boulevard Los Angeles, California 90034 Telephone: (3 10) 272-7 1 57 Facsimile: (3 10) 272-7746 Email: litigationteam@kashlegal.com 95816 Brooks Avenue Attorneys for Plaintiff CA BARBARA WILLIAMS 8: Capitol SUPERIOR COURT FOR STATE OF CALIFORNLA Gavrilov Sacramento, 2315 FOR THE COUNTY OF SAN BERNARNDINO BARBARA WILLIAMS, Case No. CIVDSZOO2655 Plaintiff, MOTION IN LIMINE N0. 4 PLAINTIFF’S NNNNNNNNNt—tt—tt—tt—tr—tr—th—tt—tp—t V. TO EXCLUDE HEARSAY AND EXPERT OPINIONS FROM POLICE OFFICER TROY WILSON, et 211., AND POLICE RECORDS; DECLARATION oouam-war—‘Okoooumm-mer—‘O OF COUNSEL Defendants. Complaint Filed: January 26, 2020 Trial Date: December 11, 2023 1 PLAINTIFF’S MOTION IN LIMINE NO. 4 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Plaintiff, BARBARA WILLIAMS, respectfully submits the following Motion in Limine No. 4 KOOONOM-bWNr—t (1) Exclude any and all testimony, reference, argument, 0r mention 0f any kind to hearsay evidence, information, 0r documents from the police officer, police reports, or other police 0r law enforcement records, as well as all opinions or expert evidence. (2) Require the attorneys for all parties to instruct their Witnesses 0f the Court’s exclusionary order on this motion, and to present an offer of proof to the Court prior t0 any use of such evidence in front of the jury. 95816 I. INTRODUCTION AND FACTUAL BACKGROUND Avenue Brooks CA & This matter stems from a motor vehicle accident Which occurred 0n March 13, 2018, at Capitol Gavrilov approximately 7:30 p.m., near the intersection 0f Medical Center Drive and Baseline Road in San Sacramento, 2315 Bernardino. The accident occurred as plaintiff Barbara Wilson was leaving and defendant driver Troy Wilson was entering the parking lot 0f a 7-Eleven gas station. Defendant Mariclaire Maldonado was NNNNNNNNNHHHr—Ar—Ar—Ar—tr—tr—b—A an owner of the vehicle. Ms. Williams was seriously injured as a result 0f this accident. The police officer responding t0 the scene and/or preparing the report 0f the accident rendered OONQM-bWNr—‘OOOONOM-PUJNr—‘O certain opinions as to the accident’s cause, predicate information, and truthfulness or biases of the plaintiff, defendant driver, and/or independent Witnesses. Such opinions of a non-expert are inadmissible. Similarly, hearsay of this type 0f inadmissible and unhelpful, and defendants can call Whatever Witnesses they Wish at trial Who can testify as t0 their personal observations allowable Within the rules of evidence. Plaintiff anticipates that at the time of trial defendants will attempt to elicit evidence as t0 hearsay from police reports and/or from police officers. Defendants will likely also attempt to elicit improper opinion evidence from the law enforcement officers. II. LEGAL ARGUMENT A. Legal Authority for Motions in Limine. 2 PLAINTIFF’S MOTION IN LIMINE NO. 4