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 266610
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. CIVD52002655
Plamtlff’
PLAINTIFF’SMOTION IN LIMINE N0. 5
NNNNNNNNNt—tt—tt—tt—tr—tr—th—tt—tp—t
V.
To EXCLUDE REFERENCES T0 0R
DIAGNOSES 0F ALCOHOL USE 0R
TROY WILSON, et 211., ALCOHOLISM, 0R 0F PRIOR
oouam-war—‘Okoooumm-mer—‘O
SUBSTANCE USE 0R ABUSE
Defendants.
Complaint Filed: January 26, 2020
Trial Date: December 11, 2023
1
PLAINTIFF’S MOTION IN LIMINE NO. 5
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Plaintiff, BARBARA WILLIAMS, respectfully submits the
following Motion in Limine N0. 5
KOOONOM-bWNr—t
(1) Exclude any and all testimony, reference, argument, 0r mention 0f any kind t0 diagnoses 0f
alcohol use 0r alcoholism, or ofprior substance use or abuse, as well as all opinions 0r 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 0f proof t0 the Court prior to any use of such evidence in
front of the jury.
I. INTRODUCTION AND FACTUAL BACKGROUND
95816
Brooks
Avenue This matter stems from a motor vehicle accident Which occurred 0n March 13, 2018, at
CA
& approximately 7:30 p.m., near the intersection of Medical Center Drive and Baseline Road in San
Capitol
Gavrilov
Bernardino. The accident occurred as plaintiff Barbara Wilson was leaving and defendant driver Troy
Sacramento,
2315
Wilson was entering the parking lot 0f a 7-Eleven gas station. Defendant Mariclaire Maldonado was
an owner of the vehicle. Ms. Williams was seriously injured as a result 0f this accident.
NNNNNNNNNHHHr—Ar—Ar—Ar—tr—tr—b—A
Plaintiff anticipates that at the time of trial defendants will attempt to elicit evidence as t0
plaintiff’ s use of alcohol 0r drugs, either Without the proper foundation or prior t0 the day ofthe accident
OONQM-bWNr—‘OOOONOM-PUJNr—‘O
When such would be irrelevant and prejudicial. Defendants Will likely also attempt t0 elicit improper
opinion evidence from the law enforcement officers, defendant driver, or other Witnesses as t0 this issue.
II. LEGAL ARGUMENT
A. Legal Authority for Motions in Limine.
A motion in limine is properly brought t0 avoid the introduction 0f anticipated 0r likely trial
evidence. Motions in limine are favored because they avoid disruption of the flow of trial and enable
the Court to make determinations about the admissibility 0f evidence out of the presence of the jury and
before inadmissible evidence can taint the perception ofthe jury. (Evidence Code § 402; Hyatt v. Sierra
Boat C0. (1978) 79 Ca1.App.3d 325, 337.) A party may attempt t0 preclude 0r limit the introduction of
evidence by presenting a motion in limine to the trial Court in chambers. (Evidence Code §§ 350, 352;
2
PLAINTIFF’S MOTION IN LIMINE NO. 5
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 266610 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. CIVD52002655 Plamtlff’ PLAINTIFF’SMOTION IN LIMINE N0. 5 NNNNNNNNNt—tt—tt—tt—tr—tr—th—tt—tp—t V. To EXCLUDE REFERENCES T0 0R DIAGNOSES 0F ALCOHOL USE 0R TROY WILSON, et 211., ALCOHOLISM, 0R 0F PRIOR oouam-war—‘Okoooumm-mer—‘O SUBSTANCE USE 0R ABUSE Defendants. Complaint Filed: January 26, 2020 Trial Date: December 11, 2023 1 PLAINTIFF’S MOTION IN LIMINE NO. 5 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Plaintiff, BARBARA WILLIAMS, respectfully submits the following Motion in Limine N0. 5 KOOONOM-bWNr—t (1) Exclude any and all testimony, reference, argument, 0r mention 0f any kind t0 diagnoses 0f alcohol use 0r alcoholism, or ofprior substance use or abuse, as well as all opinions 0r 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 0f proof t0 the Court prior to any use of such evidence in front of the jury. I. INTRODUCTION AND FACTUAL BACKGROUND 95816 Brooks Avenue This matter stems from a motor vehicle accident Which occurred 0n March 13, 2018, at CA & approximately 7:30 p.m., near the intersection of Medical Center Drive and Baseline Road in San Capitol Gavrilov Bernardino. The accident occurred as plaintiff Barbara Wilson was leaving and defendant driver Troy Sacramento, 2315 Wilson was entering the parking lot 0f a 7-Eleven gas station. Defendant Mariclaire Maldonado was an owner of the vehicle. Ms. Williams was seriously injured as a result 0f this accident. NNNNNNNNNHHHr—Ar—Ar—Ar—tr—tr—b—A Plaintiff anticipates that at the time of trial defendants will attempt to elicit evidence as t0 plaintiff’ s use of alcohol 0r drugs, either Without the proper foundation or prior t0 the day ofthe accident OONQM-bWNr—‘OOOONOM-PUJNr—‘O When such would be irrelevant and prejudicial. Defendants Will likely also attempt t0 elicit improper opinion evidence from the law enforcement officers, defendant driver, or other Witnesses as t0 this issue. II. LEGAL ARGUMENT A. Legal Authority for Motions in Limine. A motion in limine is properly brought t0 avoid the introduction 0f anticipated 0r likely trial evidence. Motions in limine are favored because they avoid disruption of the flow of trial and enable the Court to make determinations about the admissibility 0f evidence out of the presence of the jury and before inadmissible evidence can taint the perception ofthe jury. (Evidence Code § 402; Hyatt v. Sierra Boat C0. (1978) 79 Ca1.App.3d 325, 337.) A party may attempt t0 preclude 0r limit the introduction of evidence by presenting a motion in limine to the trial Court in chambers. (Evidence Code §§ 350, 352; 2 PLAINTIFF’S MOTION IN LIMINE NO. 5