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Michele Ballard Miller (SBN 104198)
ELECTRONICALLY FILED (Auto
mbmiller@cozen.com
- -
SUPERIOR COURT OF CALIFO
Jamne S. Slmerly (SBN 102361)
COUNTY OF SAN BERNARDINC
jsimerly@cozen. com
2/28/2024 9-04 PM
I
Ethan Chemin (SBN 273906)
echernin@cozen.com
H. Sarah Fan (SBN 328282)
hfan@cozen.com
COZEN O'CONNOR
401 Wilshire Boulevard, Suite 850
Santa Monica, California 90401
Telephone: 3 1 0.393 .4000
Facsimile: 3 1 0.394.4700
Attorneys for Defendants
KAISER FOUNDATION HOSPITALS, KAISER
FOUNDATION HEALTH PLAN, INC.,
SOUTHERN CALIFORNIA PERMANENTE
10 MEDICAL GROUP, and TAWNA BRUUN
11
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
CONNOR
BOULEVARD
90401
13 COUNTY OF SAN BERNARDINO
CA
850
O’
WILSHIRE
SUITE
MONICA.
14
COZEN
401
SANTA
15 ESPERANZA PEREZ, Case No.: CIVDSI920836
Plaintiff’
16 [Assigned t0 the Hon. Thomas S. Garza,
Dept. $27]
VS_
17
KAISER FOUNDATION HOSPITALS, a DEFENDANTS’ NOTICE 0F MOTION
18
California Corporation; KAISER AND MOTION IN LIMINE N0° 6 TO
FOUNDATION HEALTH PLAN, INC.) a PRECLUDE TESTIMONY, EVIDENCE,
19
California Corporation; and SOUTHERN ARGUMENT, OR ?OMMENT RELATED
CALIFORNIA PERMANENTE MEDICAL T0 DEFENDANTS FINANCIAL
20
GROUP, INC., a California Corporation; CONDITION; MEMORANDUM OF
TAWNA BRUUN, an Individual; and DOES 1
POINTS AND AUTHORITIES 1N
21
through 50, Inclusive, 9
SUPPORT THEREOF; AND
DECLARATION OF ETHAN CHERNIN
22
Defendants.
23
Date: March 7, 2024
24 Time: 8:30 am.
Place: Department 827
25
Action Filed: March 20, 2019
26
Trial Date: March 11, 2024
27
28
LEGAL\43735341\1 1
DEFENDANTS’ NOTICE OF MOTION AND MOTION INLIMINE NO. 6 TO PRECLUDE TESTIMONY,
EVIDENCE, ARGUMENT, OR COMMENT RELATED TO DEFENDANTS’ FINANCIAL CONDITION
CASE NO. CIVDS1920836
TO PLAINTIFF ESPERANZA PEREZ AND HER ATTORNEY(S) OF RECORD:
PLEASE TAKE NOTICE THAT on March 7, 2024, at 8:30 a.m., 0r as soon thereafter as
the matter may be heard in Department 827 of the above—entitled Court, located at 247 West Third
Street, San Bemardino, CA 92415, the Honorable Thomas Garza presiding, Defendants KAISER
FOUNDATION HOSPITALS, KAISER FOUNDATION HEALTH PLAN, INC., SOUTHERN
CALIFORNIA PERMANENTE MEDICAL GROUP, and TAWNA BRUUN (collectively,
“Defendants”) will and hereby d0 move the Court in limine for an order precluding Plaintiff
Esperanza Perez (“Plaintiff”), her counsel, and any witnesses from introducing testimony, evidence,
and/or argument regarding Defendants’ financial condition unless and until there is a finding of
10 liability and the jury determines that punitive damages should be awarded.
11 Pursuant to San Bernardino Superior Court Local Rule 415(a)(2), Defendants met and
12 conferred with Plaintiff regarding the subject of this Motion. (See Chemin Decl., 1] 4, EX. A.)
CONNOR
BOULEVARD
90401
13 Plaintiff refiJsed t0 stipulate that these matters would not be mentioned 0r displayed in the presence
CA
850
O’
WILSHIRE
SUITE
MONICA.
14 of the jury unless and until it is admitted in evidence. (See id. at fl 4.)
COZEN
SANTA
401
15 This Motion is made 0n the grounds that such evidence is inadmissible because it irrelevant,
16 would waste this Court’s time, and would unfairly prejudice Defendants. See Cal. EVid. Code §§
17 350, 352; Cal. Civ. Code § 3295. Defendants’ financial condition is irrelevant t0 a finding ofliability
18 and is not relevant to any matter at issue, except t0 the amount 0f punitive damages, and only to the
19 extent a finding of liability has first been made and the jury determines that punitive damages should
20 be awarded.
21 This Motion is based 0n this Notice of Motion and Motion, the accompanying Memorandum
22 0f Points and Authorities, the complete files and records in this action, and 0n such oral and
23 documentary evidence as may be presented at 0r before the hearing 0f this Motion.
24
25
26
27
28
LEGAL\43735341\1 2
DEFENDANTS’ NOTICE OF MOTION AND MOTION INLIMINE NO. 6 TO PRECLUDE TESTIMONY,
EVIDENCE, ARGUMENT, OR COMMENT RELATED TO DEFENDANTS’ FINANCIAL CONDITION
CASE NO. CIVDS1920836
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Michele Ballard Miller (SBN 104198) ELECTRONICALLY FILED (Auto mbmiller@cozen.com - - SUPERIOR COURT OF CALIFO Jamne S. Slmerly (SBN 102361) COUNTY OF SAN BERNARDINC jsimerly@cozen. com 2/28/2024 9-04 PM I Ethan Chemin (SBN 273906) echernin@cozen.com H. Sarah Fan (SBN 328282) hfan@cozen.com COZEN O'CONNOR 401 Wilshire Boulevard, Suite 850 Santa Monica, California 90401 Telephone: 3 1 0.393 .4000 Facsimile: 3 1 0.394.4700 Attorneys for Defendants KAISER FOUNDATION HOSPITALS, KAISER FOUNDATION HEALTH PLAN, INC., SOUTHERN CALIFORNIA PERMANENTE 10 MEDICAL GROUP, and TAWNA BRUUN 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA CONNOR BOULEVARD 90401 13 COUNTY OF SAN BERNARDINO CA 850 O’ WILSHIRE SUITE MONICA. 14 COZEN 401 SANTA 15 ESPERANZA PEREZ, Case No.: CIVDSI920836 Plaintiff’ 16 [Assigned t0 the Hon. Thomas S. Garza, Dept. $27] VS_ 17 KAISER FOUNDATION HOSPITALS, a DEFENDANTS’ NOTICE 0F MOTION 18 California Corporation; KAISER AND MOTION IN LIMINE N0° 6 TO FOUNDATION HEALTH PLAN, INC.) a PRECLUDE TESTIMONY, EVIDENCE, 19 California Corporation; and SOUTHERN ARGUMENT, OR ?OMMENT RELATED CALIFORNIA PERMANENTE MEDICAL T0 DEFENDANTS FINANCIAL 20 GROUP, INC., a California Corporation; CONDITION; MEMORANDUM OF TAWNA BRUUN, an Individual; and DOES 1 POINTS AND AUTHORITIES 1N 21 through 50, Inclusive, 9 SUPPORT THEREOF; AND DECLARATION OF ETHAN CHERNIN 22 Defendants. 23 Date: March 7, 2024 24 Time: 8:30 am. Place: Department 827 25 Action Filed: March 20, 2019 26 Trial Date: March 11, 2024 27 28 LEGAL\43735341\1 1 DEFENDANTS’ NOTICE OF MOTION AND MOTION INLIMINE NO. 6 TO PRECLUDE TESTIMONY, EVIDENCE, ARGUMENT, OR COMMENT RELATED TO DEFENDANTS’ FINANCIAL CONDITION CASE NO. CIVDS1920836 TO PLAINTIFF ESPERANZA PEREZ AND HER ATTORNEY(S) OF RECORD: PLEASE TAKE NOTICE THAT on March 7, 2024, at 8:30 a.m., 0r as soon thereafter as the matter may be heard in Department 827 of the above—entitled Court, located at 247 West Third Street, San Bemardino, CA 92415, the Honorable Thomas Garza presiding, Defendants KAISER FOUNDATION HOSPITALS, KAISER FOUNDATION HEALTH PLAN, INC., SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, and TAWNA BRUUN (collectively, “Defendants”) will and hereby d0 move the Court in limine for an order precluding Plaintiff Esperanza Perez (“Plaintiff”), her counsel, and any witnesses from introducing testimony, evidence, and/or argument regarding Defendants’ financial condition unless and until there is a finding of 10 liability and the jury determines that punitive damages should be awarded. 11 Pursuant to San Bernardino Superior Court Local Rule 415(a)(2), Defendants met and 12 conferred with Plaintiff regarding the subject of this Motion. (See Chemin Decl., 1] 4, EX. A.) CONNOR BOULEVARD 90401 13 Plaintiff refiJsed t0 stipulate that these matters would not be mentioned 0r displayed in the presence CA 850 O’ WILSHIRE SUITE MONICA. 14 of the jury unless and until it is admitted in evidence. (See id. at fl 4.) COZEN SANTA 401 15 This Motion is made 0n the grounds that such evidence is inadmissible because it irrelevant, 16 would waste this Court’s time, and would unfairly prejudice Defendants. See Cal. EVid. Code §§ 17 350, 352; Cal. Civ. Code § 3295. Defendants’ financial condition is irrelevant t0 a finding ofliability 18 and is not relevant to any matter at issue, except t0 the amount 0f punitive damages, and only to the 19 extent a finding of liability has first been made and the jury determines that punitive damages should 20 be awarded. 21 This Motion is based 0n this Notice of Motion and Motion, the accompanying Memorandum 22 0f Points and Authorities, the complete files and records in this action, and 0n such oral and 23 documentary evidence as may be presented at 0r before the hearing 0f this Motion. 24 25 26 27 28 LEGAL\43735341\1 2 DEFENDANTS’ NOTICE OF MOTION AND MOTION INLIMINE NO. 6 TO PRECLUDE TESTIMONY, EVIDENCE, ARGUMENT, OR COMMENT RELATED TO DEFENDANTS’ FINANCIAL CONDITION CASE NO. CIVDS1920836