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1 MALCOLM D. DONALDSON, ESQ. – State Bar No. 185613
LAW OFFICES OF SCOTT C STRATMAN
2 P.O. Box 258829
Oklahoma City, OK 73125-8829
3 Phone: (510) 457-3440
Email: norcal.legal@farmersinsurance.com
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Attorney for Defendant,
5 LOTUS HOSPITALITY II, INC.
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN MATEO
10 Deborah Kelly Garland Peric, Case No.: 21-CIV-04971
UNLIMITED JURISDICTION
11 Plaintiffs,
ASSIGNED TO FOR ALL PURPOSES:
12 vs. HON. NANCY L. FINEMAN
DEPT: 4
13 Lotus Hospitality II, Inc. and DOES 1 TO 50,
MOTION IN LIMINE TO PERMIT
14 Defendants. INTRODUCTION OF BAJI 15.10 WHEN
DEFENDANT SETTLES WITH WORKERS’
15 COMPENSATION CARRIER
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17 TO THE COURT AND ALL INTERESTED PARTIES:
18 Defendant, LOTUS HOSPITALITY II, INC., moves the court, in limine, as follows:
19 Plaintiff received benefits from their workers compensation carrier as part of a workers
20 compensation claim. The carrier subsequently intervened in plaintiff’s personal injury lawsuit. BAJI
21 15.10 entitled “When Employee Received Workers’ Compensation And Sues Third Party For Same
22 Injury” applies in this matter, accordingly, Defendants’ counsel is permitted during trial to refer to this
23 jury instruction.
24 When an employee receives workers’ compensation benefits from her employers’ insurer, and
25 sues a third party for the injury, BAJI 15.10 entitled “When Employee Received Workers’
26 Compensation And Sues Third Party For Same Injury” applies. Defendants draw the court’s attention to
27 that part of the jury instruction which provides: “if plaintiff does not obtain a judgment in her favor,
28 plaintiff is not required to repay her employer nor plaintiff’s employer’s insurer any amounts either of
MOTION IN LIMINE TO PERMIT INTRODUCTION OF BAJI 15.10 WHEN DEFENDANT SETTLES WITH WORKERS’ COMPENSATION
CARRIER - 1
1 them paid to her or on her behalf.” Because of this particular part of BAJI 15.10, Defendants’ counsel is
2 permitted to inform the jury that Plaintiff would not be required to repay their employer nor their
3 employer’s insurer for the benefits paid or received.
4
5 Respectfully submitted,
6 DATED: January 17, 2024 LAW OFFICES OF SCOTT C STRATMAN
7
8 BY:
9 MALCOLM D. DONALDSON, ESQ.
Attorney for Defendant,
10 LOTUS HOSPITALITY II, INC.
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MOTION IN LIMINE TO PERMIT INTRODUCTION OF BAJI 15.10 WHEN DEFENDANT SETTLES WITH WORKERS’ COMPENSATION
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1 Re: Peric v. Lotus Hospitality II, Inc., et al.
Case Number: 21-CIV-04971
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PROOF OF SERVICE
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Code of Civil Procedure §§ 1013a, 2015.5
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I am a resident of the State of California and over the age of eighteen years, and not a party to the
5 within action. My business address is P.O. Box 258829, Oklahoma City, OK 73125-8829. On February
6, 2024, I served the following document(s):
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7 MOTION IN LIMINE TO PERMIT INTRODUCTION OF BAJI 15.10 WHEN
DEFENDANT SETTLES WITH WORKERS’ COMPENSATION CARRIER
8 By placing the document(s) listed above in a sealed envelope, addressed as set forth
below, with postage fully prepaid, and placing the envelope for collection and mailing
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by the U.S. Postal Service on the same day following the firm’s ordinary business
10 practices of which I am readily familiar. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is more
11 than one day after date of deposit for mailing in affidavit.
12 By causing a true copy thereof to be personally delivered to the person(s) at the
address(es) set forth below.
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14 By electronically serving the document(s) described above via a Court approved File
& Serve vendor on those recipients designated on the Transaction Receipt located on
15 the vendor’s Website.
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By electronically serving the document(s) to the electronic mail address set forth
17 below on this date before 11:59:59 p.m. pursuant to and consistent with Code of Civil
Procedure §§1010.6(a)(2), (4), (5) and 1010.6(e) from email address
18 X timothy.feeney@farmersinsurance.com.
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I declare under penalty of perjury under the laws of the State of California that the above is true
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and correct.
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Executed on February 6, 2024, at Oakland, California.
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TIMOTHY C. FEENEY
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MOTION IN LIMINE TO PERMIT INTRODUCTION OF BAJI 15.10 WHEN DEFENDANT SETTLES WITH WORKERS’ COMPENSATION
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1 Re: Peric v. Lotus Hospitality II, Inc., et al.
Case Number: 21-CIV-04971
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SERVICE LIST
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Nikolaus Reed, Esq.
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Law Offices of Nikolaus W. Reed
40 Pier, Suite 7
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San Francisco, CA 94107
Attorney for Plaintiff, DEBORAH KELLY GARLAND PERIC
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Phone: (415) 940-7766
Fax: (415) 940-7706
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nikolaus_reed@yahoo.com
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MOTION IN LIMINE TO PERMIT INTRODUCTION OF BAJI 15.10 WHEN DEFENDANT SETTLES WITH WORKERS’ COMPENSATION
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1 MALCOLM D. DONALDSON, ESQ. – State Bar No. 185613 LAW OFFICES OF SCOTT C STRATMAN 2 P.O. Box 258829 Oklahoma City, OK 73125-8829 3 Phone: (510) 457-3440 Email: norcal.legal@farmersinsurance.com 4 Attorney for Defendant, 5 LOTUS HOSPITALITY II, INC. 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN MATEO 10 Deborah Kelly Garland Peric, Case No.: 21-CIV-04971 UNLIMITED JURISDICTION 11 Plaintiffs, ASSIGNED TO FOR ALL PURPOSES: 12 vs. HON. NANCY L. FINEMAN DEPT: 4 13 Lotus Hospitality II, Inc. and DOES 1 TO 50, MOTION IN LIMINE TO PERMIT 14 Defendants. INTRODUCTION OF BAJI 15.10 WHEN DEFENDANT SETTLES WITH WORKERS’ 15 COMPENSATION CARRIER 16 17 TO THE COURT AND ALL INTERESTED PARTIES: 18 Defendant, LOTUS HOSPITALITY II, INC., moves the court, in limine, as follows: 19 Plaintiff received benefits from their workers compensation carrier as part of a workers 20 compensation claim. The carrier subsequently intervened in plaintiff’s personal injury lawsuit. BAJI 21 15.10 entitled “When Employee Received Workers’ Compensation And Sues Third Party For Same 22 Injury” applies in this matter, accordingly, Defendants’ counsel is permitted during trial to refer to this 23 jury instruction. 24 When an employee receives workers’ compensation benefits from her employers’ insurer, and 25 sues a third party for the injury, BAJI 15.10 entitled “When Employee Received Workers’ 26 Compensation And Sues Third Party For Same Injury” applies. Defendants draw the court’s attention to 27 that part of the jury instruction which provides: “if plaintiff does not obtain a judgment in her favor, 28 plaintiff is not required to repay her employer nor plaintiff’s employer’s insurer any amounts either of MOTION IN LIMINE TO PERMIT INTRODUCTION OF BAJI 15.10 WHEN DEFENDANT SETTLES WITH WORKERS’ COMPENSATION CARRIER - 1 1 them paid to her or on her behalf.” Because of this particular part of BAJI 15.10, Defendants’ counsel is 2 permitted to inform the jury that Plaintiff would not be required to repay their employer nor their 3 employer’s insurer for the benefits paid or received. 4 5 Respectfully submitted, 6 DATED: January 17, 2024 LAW OFFICES OF SCOTT C STRATMAN 7 8 BY: 9 MALCOLM D. DONALDSON, ESQ. Attorney for Defendant, 10 LOTUS HOSPITALITY II, INC. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MOTION IN LIMINE TO PERMIT INTRODUCTION OF BAJI 15.10 WHEN DEFENDANT SETTLES WITH WORKERS’ COMPENSATION CARRIER - 2 1 Re: Peric v. Lotus Hospitality II, Inc., et al. Case Number: 21-CIV-04971 2 PROOF OF SERVICE 3 Code of Civil Procedure §§ 1013a, 2015.5 4 I am a resident of the State of California and over the age of eighteen years, and not a party to the 5 within action. My business address is P.O. Box 258829, Oklahoma City, OK 73125-8829. On February 6, 2024, I served the following document(s): 6 7 MOTION IN LIMINE TO PERMIT INTRODUCTION OF BAJI 15.10 WHEN DEFENDANT SETTLES WITH WORKERS’ COMPENSATION CARRIER 8 By placing the document(s) listed above in a sealed envelope, addressed as set forth below, with postage fully prepaid, and placing the envelope for collection and mailing 9 by the U.S. Postal Service on the same day following the firm’s ordinary business 10 practices of which I am readily familiar. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more 11 than one day after date of deposit for mailing in affidavit. 12 By causing a true copy thereof to be personally delivered to the person(s) at the address(es) set forth below. 13 14 By electronically serving the document(s) described above via a Court approved File & Serve vendor on those recipients designated on the Transaction Receipt located on 15 the vendor’s Website. 16 By electronically serving the document(s) to the electronic mail address set forth 17 below on this date before 11:59:59 p.m. pursuant to and consistent with Code of Civil Procedure §§1010.6(a)(2), (4), (5) and 1010.6(e) from email address 18 X timothy.feeney@farmersinsurance.com. 19 I declare under penalty of perjury under the laws of the State of California that the above is true 20 and correct. 21 Executed on February 6, 2024, at Oakland, California. 22 23 TIMOTHY C. FEENEY 24 25 26 27 28 MOTION IN LIMINE TO PERMIT INTRODUCTION OF BAJI 15.10 WHEN DEFENDANT SETTLES WITH WORKERS’ COMPENSATION CARRIER - 3 1 Re: Peric v. Lotus Hospitality II, Inc., et al. Case Number: 21-CIV-04971 2 SERVICE LIST 3 Nikolaus Reed, Esq. 4 Law Offices of Nikolaus W. Reed 40 Pier, Suite 7 5 San Francisco, CA 94107 Attorney for Plaintiff, DEBORAH KELLY GARLAND PERIC 6 Phone: (415) 940-7766 Fax: (415) 940-7706 7 nikolaus_reed@yahoo.com 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MOTION IN LIMINE TO PERMIT INTRODUCTION OF BAJI 15.10 WHEN DEFENDANT SETTLES WITH WORKERS’ COMPENSATION CARRIER - 4