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Regan Furcolo, Esq. (SBN 162956) ELECTRONICALLY FILED (Auto)
Laura Stewart, Esq. (SBN 198260) SUPERIOR COURT OF CALIFORh A
COUNTY OF SAN BERNARDINO
WALSH MCKEAN FURCOLO LLP 3/6/2024 7:25 PM
550 West C Street, Suite 950
San Diego, CA 92101
Telephone: (619) 232-8486
Facsimile: (619) 232-2691
rfurcolo@wmfllp.com
lstewart@wmfllp.com
Gary Wolensky, Esq. (SBN 154041)
Kathryn J. Besch, Esq. (SBN 224440)
KEFFREY LAW LLP
4041 MacArthur Boulevard, Suite 400
Newport Beach, CA 92660
Telephone: (949) 996-7861
lO
Facsimile: (949) 541-2568
11 Email: gaw@keffrevlaw.com
Email: kate@keffrevlaw.com
12
AMERICAN RELIABLE INSURANCE COMPANY
Attorneys for Defendants
l3 and GLOBAL INDEMNITY GROUP, LLC
14
15
SUPERIOR COURT OF THE STATE OF CALIFORNIA
l6
FOR THE COUNTY OF SAN BERNARDINO
17
JENNIFER GARNIER, an individual; CASE NO. CIVD52021219
l8
ANGELA TOFT, an individual,
DEFENDANTS’ MOTION INLIMINE NO. 9
l9 Plaintiffs, TO PRECLUDE ANY ARGUMENT,
TESTIMONY, AND/OR EVIDENCE
20 VS. DESIGNED TO INFLUENCE JURORS TO
DECIDE THE CASE BASED ON THEIR
21 AMERICAN RELIABLE INSURANCE COMMUNITY INTEREST, INCLUDING
COMPANY, an Arizona Corporation; and THE “REPTILE THEORY”;
22 DOES through 100, inclusive,
1 MEMORANDUM OF POINTS AND
AUTHORITIES; AND DECLARATION OF
23 Defendants. LAURA STEWART, ESQ.
24
DATE: March 14, 2024
TIME: 10:00 a.m.
25 DEPT.: S-14
JUDGE: Hon. Jeffrey R. Erickson
26
COMPLAINT FILED: September 30, 2020
27
TRIAL DATE: March 18, 2024
28
WALSH MCKEAN FURCOLO LLP
550 WEST C STREET
SUITE 950 1
SAN DIEGO, CALIFORNIA
MOTION IN LIMINE TO PRECLUDE PLAINTIFFS FROM USING THE REPTILE THEORY
TELEPHONE (619) 232-8486
TO THE COURT AND TO PLAINTIFFS AND THEIR ATTORNEYS OF
RECORD HEREIN:
PLEASE TAKE NOTICE that on March 14, 2024 at 10:00 am. 0r as soon thereafter as
the matter may be heard in Department S-14 of the above-entitled court, Defendants
AMERICAN RELIABLE INSURANCE COMPANY (“ARIC”) and GLOBAL INDEMNITY
GROUP, LLC (“Global Indemnity”) (collectively, “Defendants”) Will and hereby do respectfully
move this Court, in limine, for an order precluding Plaintiffs JENNIFER GARNIER and
ANGELA TOFT (“Plaintiffs”) from asking any questions, admitting any evidence 0r eliciting
any testimony from Witnesses, and from making any statement 0r argument encouraging the jury
lO to decide this case based 0n the jurors’ community interest, including but not limited “Reptile
11 Theory” arguments, testimony, and/or other evidence.
12 Defendants will further move for an order directing Plaintiffs’ counsel t0 instruct
l3 Plaintiffs, Plaintiffs’ witnesses, and other persons under their control, not to make any mention
14 0r display of the matters that are the subject of this Motion in the presence ofjurors or
l5 prospective jurors.
l6 This motion is made on the grounds that such arguments, testimony and/or other evidence
17 are not relevant to any material issue in this lawsuit. (Evid. Code, § 350). Furthermore, such
l8 evidence has no probative value, and is certain t0 (a) necessitate undue consumption of time
l9 and/or (b) create substantial danger of undue prejudice, 0f confusing the issues, or of misleading
20 the jury. (EVid. Code, § 352). The substantial prejudice to Defendants of allowing irrelevant
21 “Reptile Theory” arguments, testimony and/or other evidence would be irreparable.
22 Appealing to the jurors’ community consciousness (“Reptile Theory”) would constitute
23 misconduct requiring a mistrial, new trial 0r reversal 0n appeal. Use of Reptile Theory argument
24 during voir dire would impermissibly pre-condition the jury and create juror bias. Reptile Theory
25 arguments, testimony and evidence would impermissibly invite the jury t0 disregard the law,
26 appeal t0 the jury to decide a case Without regard t0 the evidence adduced at trial and
27 inappropriately incite jurors’ passion and prejudice.
28
WALSH MCKEAN FURCOLO LLP
550 WEST C STREET
SUITE 950 2
SAN DIEGO, CALIFORNIA
MOTION INLIMINE TO PRECLUDE PLAINTIFFS FROM USING THE REPTILE THEORY
TELEPHONE (619) 232-8486
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Regan Furcolo, Esq. (SBN 162956) ELECTRONICALLY FILED (Auto) Laura Stewart, Esq. (SBN 198260) SUPERIOR COURT OF CALIFORh A COUNTY OF SAN BERNARDINO WALSH MCKEAN FURCOLO LLP 3/6/2024 7:25 PM 550 West C Street, Suite 950 San Diego, CA 92101 Telephone: (619) 232-8486 Facsimile: (619) 232-2691 rfurcolo@wmfllp.com lstewart@wmfllp.com Gary Wolensky, Esq. (SBN 154041) Kathryn J. Besch, Esq. (SBN 224440) KEFFREY LAW LLP 4041 MacArthur Boulevard, Suite 400 Newport Beach, CA 92660 Telephone: (949) 996-7861 lO Facsimile: (949) 541-2568 11 Email: gaw@keffrevlaw.com Email: kate@keffrevlaw.com 12 AMERICAN RELIABLE INSURANCE COMPANY Attorneys for Defendants l3 and GLOBAL INDEMNITY GROUP, LLC 14 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA l6 FOR THE COUNTY OF SAN BERNARDINO 17 JENNIFER GARNIER, an individual; CASE NO. CIVD52021219 l8 ANGELA TOFT, an individual, DEFENDANTS’ MOTION INLIMINE NO. 9 l9 Plaintiffs, TO PRECLUDE ANY ARGUMENT, TESTIMONY, AND/OR EVIDENCE 20 VS. DESIGNED TO INFLUENCE JURORS TO DECIDE THE CASE BASED ON THEIR 21 AMERICAN RELIABLE INSURANCE COMMUNITY INTEREST, INCLUDING COMPANY, an Arizona Corporation; and THE “REPTILE THEORY”; 22 DOES through 100, inclusive, 1 MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF 23 Defendants. LAURA STEWART, ESQ. 24 DATE: March 14, 2024 TIME: 10:00 a.m. 25 DEPT.: S-14 JUDGE: Hon. Jeffrey R. Erickson 26 COMPLAINT FILED: September 30, 2020 27 TRIAL DATE: March 18, 2024 28 WALSH MCKEAN FURCOLO LLP 550 WEST C STREET SUITE 950 1 SAN DIEGO, CALIFORNIA MOTION IN LIMINE TO PRECLUDE PLAINTIFFS FROM USING THE REPTILE THEORY TELEPHONE (619) 232-8486 TO THE COURT AND TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD HEREIN: PLEASE TAKE NOTICE that on March 14, 2024 at 10:00 am. 0r as soon thereafter as the matter may be heard in Department S-14 of the above-entitled court, Defendants AMERICAN RELIABLE INSURANCE COMPANY (“ARIC”) and GLOBAL INDEMNITY GROUP, LLC (“Global Indemnity”) (collectively, “Defendants”) Will and hereby do respectfully move this Court, in limine, for an order precluding Plaintiffs JENNIFER GARNIER and ANGELA TOFT (“Plaintiffs”) from asking any questions, admitting any evidence 0r eliciting any testimony from Witnesses, and from making any statement 0r argument encouraging the jury lO to decide this case based 0n the jurors’ community interest, including but not limited “Reptile 11 Theory” arguments, testimony, and/or other evidence. 12 Defendants will further move for an order directing Plaintiffs’ counsel t0 instruct l3 Plaintiffs, Plaintiffs’ witnesses, and other persons under their control, not to make any mention 14 0r display of the matters that are the subject of this Motion in the presence ofjurors or l5 prospective jurors. l6 This motion is made on the grounds that such arguments, testimony and/or other evidence 17 are not relevant to any material issue in this lawsuit. (Evid. Code, § 350). Furthermore, such l8 evidence has no probative value, and is certain t0 (a) necessitate undue consumption of time l9 and/or (b) create substantial danger of undue prejudice, 0f confusing the issues, or of misleading 20 the jury. (EVid. Code, § 352). The substantial prejudice to Defendants of allowing irrelevant 21 “Reptile Theory” arguments, testimony and/or other evidence would be irreparable. 22 Appealing to the jurors’ community consciousness (“Reptile Theory”) would constitute 23 misconduct requiring a mistrial, new trial 0r reversal 0n appeal. Use of Reptile Theory argument 24 during voir dire would impermissibly pre-condition the jury and create juror bias. Reptile Theory 25 arguments, testimony and evidence would impermissibly invite the jury t0 disregard the law, 26 appeal t0 the jury to decide a case Without regard t0 the evidence adduced at trial and 27 inappropriately incite jurors’ passion and prejudice. 28 WALSH MCKEAN FURCOLO LLP 550 WEST C STREET SUITE 950 2 SAN DIEGO, CALIFORNIA MOTION INLIMINE TO PRECLUDE PLAINTIFFS FROM USING THE REPTILE THEORY TELEPHONE (619) 232-8486