On April 06, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Lopez, Briceida,
Solis, Jose,
and
Amerigas, Inc., A Corporation,
Amerigas Propane, Inc, A Corporation,
Amerigas Propane, L.P., A Business Entity,
Bonifacio, Paul,
Does One Through One-Hundred, Inclusive,
Hyun, Margaret,
for (24) Unlimited Product Liability
in the District Court of San Mateo County.
Preview
Jame_s T. Hultquist (Pro hqc
Emall: Jhultqulst@reedsm1th.com
vice)
F I L E fl
Daniel Kirby (Pro hac vice) SAN MATEO COUNTY
Email: dkirby@reedsmith.com 'BEQ 0
2 2019
Maytak Chin (State Bar No. 288155) '
Email:
UI-PUJN
mchin@reedsmith.com
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone: (415) 543-8700
Facsimile: (415) 391-8269
Attorneys for Defendants
AMERIGAS PROPANE, L.P., AMERIGAS
\DMQON
PROPANE, INC., and AMERIGAS, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN MATEO _
11
Delaware
of
State
12 Case No.2 18CIVO 1 696
the
LLP
in
13 NOTICE OF MOTION AND MOTION TO
BIFURCATE TRIAL AND T0 EXCLUDE
formed
SMITH
. . .
14 1nd1v1dual, JOSE EVIDENCE OF AMERICAS
EECIJSEIEJAirhiOVPiEuZQan
partnership
REED
’ ’
DEFENDANTS’ FINANCIAL
15
liability
plaintiffs, CONDITIONS PENDING PUNITIVE
16
limited
DAMAGES DETERMINATION
v.
A
17
PAUL BONIFACIO, an 1nd1v1dua1;
, I ,
DATE: Q 914/90
18 MARGARET HYUN, an individual;
TIME. mm
DEPT: ' Law and Motion
AMERIGAS PROPANE, INC., a corporation;
19 AWRIGAS, INC., a corporation; and DOES _ _ '
ONE through ONE_HUNDRED, inclusive, [leed concurrently wzth Memorandum ofPomts
20 and Authorities; and Proposed Order]
Defendants.
21
ORIGINAL 22
23
24
/1Mg':cw— 01696
25 to Bifurcale
\Motion
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
NOTICE OF MOTION AND MOTION TO BIFURCATE TRIAL AND TO EXCLUDE EVIDENCE OF AIVIERIGAS
DEFENDANTS’ FINANCIAL CONDITIONS PENDING PUNITIVE DAMAGES DETERMINATION
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE on February _, 2020 at 9:00 a.m., or as soon thereafter as the
matter may be heard, in the Law and Motion Department of the above-entitled Court, located at 400
County Center, Redwood City, California 94063, Defendants AmeriGas Propane L.P., AmeriGas
Propane, Inc., and AmeriGas, Inc. (collectively the “AmeriGas Defendants”) moves this Court for an
order: (1) bifurcating the trial into liability and punitive damages phases; (2) excluding evidence
QON
concerning the AmeriGas Defendants’ financial condition, including net worth, during the liability
00 phase; (3) ordering that the case proceed to a punitive damages phase only ifthe trier of fact determines
that the AmeriGas Defendants are liable for punitive damages; and (4) ordering that the AmeriGas
10 Defendants need not produce any information or witnesses regarding itsfinances until the trier 0f fact
11 determines whether any punitive damages are warranted.
ofDelaware
State
12 This Motion is made on the grounds that Plaintiffs seek punitive damages against the
the
LLP
in
13 AmeriGas Defendants and, when an award ofpunitive damages issought, the defendants may request
formed
SMTH
14 that the court try issues of liability for such damages before determining the amount of damages. Cal.
partnership
REED
15 Civil Code § 3295(d).
liability
16
limited
This Motion is based on the accompanying Memorandum of Points and Authorities; the
A
17 pleadings and papers on file in this action; and such other argument and evidence as may be presented
18 prior to or at the hearing on this matter.
19
20
21
22
DATED: December 20, 20 1 9
mafiufsiyg
wig?!
(1M?W
y
ggm
W)
~
Maytak Chin
W
r
’
Attorney for Defendants
23
AMERIGAS PROPANE, L.P., AMERIGAS
24
PROPANE, INC., and AIVIERIGAS, INC.
25
26
27
28
-1-
NOTICE OF MOTION AND MOTION TO BIFURCATE TRIAL AND TO EXCLUDE EVIDENCE OF AMERIGAS
DEFENDANTS’ FINANCIAL CONDITIONS PENDING PUNITIVE DAMAGES DETERMINATION
Document Filed Date
December 20, 2019
Case Filing Date
April 06, 2018
Category
(24) Unlimited Product Liability
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Jame_s T. Hultquist (Pro hqc Emall: Jhultqulst@reedsm1th.com vice) F I L E fl Daniel Kirby (Pro hac vice) SAN MATEO COUNTY Email: dkirby@reedsmith.com 'BEQ 0 2 2019 Maytak Chin (State Bar No. 288155) ' Email: UI-PUJN mchin@reedsmith.com REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: (415) 543-8700 Facsimile: (415) 391-8269 Attorneys for Defendants AMERIGAS PROPANE, L.P., AMERIGAS \DMQON PROPANE, INC., and AMERIGAS, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO _ 11 Delaware of State 12 Case No.2 18CIVO 1 696 the LLP in 13 NOTICE OF MOTION AND MOTION TO BIFURCATE TRIAL AND T0 EXCLUDE formed SMITH . . . 14 1nd1v1dual, JOSE EVIDENCE OF AMERICAS EECIJSEIEJAirhiOVPiEuZQan partnership REED ’ ’ DEFENDANTS’ FINANCIAL 15 liability plaintiffs, CONDITIONS PENDING PUNITIVE 16 limited DAMAGES DETERMINATION v. A 17 PAUL BONIFACIO, an 1nd1v1dua1; , I , DATE: Q 914/90 18 MARGARET HYUN, an individual; TIME. mm DEPT: ' Law and Motion AMERIGAS PROPANE, INC., a corporation; 19 AWRIGAS, INC., a corporation; and DOES _ _ ' ONE through ONE_HUNDRED, inclusive, [leed concurrently wzth Memorandum ofPomts 20 and Authorities; and Proposed Order] Defendants. 21 ORIGINAL 22 23 24 /1Mg':cw— 01696 25 to Bifurcale \Motion \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ NOTICE OF MOTION AND MOTION TO BIFURCATE TRIAL AND TO EXCLUDE EVIDENCE OF AIVIERIGAS DEFENDANTS’ FINANCIAL CONDITIONS PENDING PUNITIVE DAMAGES DETERMINATION TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE on February _, 2020 at 9:00 a.m., or as soon thereafter as the matter may be heard, in the Law and Motion Department of the above-entitled Court, located at 400 County Center, Redwood City, California 94063, Defendants AmeriGas Propane L.P., AmeriGas Propane, Inc., and AmeriGas, Inc. (collectively the “AmeriGas Defendants”) moves this Court for an order: (1) bifurcating the trial into liability and punitive damages phases; (2) excluding evidence QON concerning the AmeriGas Defendants’ financial condition, including net worth, during the liability 00 phase; (3) ordering that the case proceed to a punitive damages phase only ifthe trier of fact determines that the AmeriGas Defendants are liable for punitive damages; and (4) ordering that the AmeriGas 10 Defendants need not produce any information or witnesses regarding itsfinances until the trier 0f fact 11 determines whether any punitive damages are warranted. ofDelaware State 12 This Motion is made on the grounds that Plaintiffs seek punitive damages against the the LLP in 13 AmeriGas Defendants and, when an award ofpunitive damages issought, the defendants may request formed SMTH 14 that the court try issues of liability for such damages before determining the amount of damages. Cal. partnership REED 15 Civil Code § 3295(d). liability 16 limited This Motion is based on the accompanying Memorandum of Points and Authorities; the A 17 pleadings and papers on file in this action; and such other argument and evidence as may be presented 18 prior to or at the hearing on this matter. 19 20 21 22 DATED: December 20, 20 1 9 mafiufsiyg wig?! (1M?W y ggm W) ~ Maytak Chin W r ’ Attorney for Defendants 23 AMERIGAS PROPANE, L.P., AMERIGAS 24 PROPANE, INC., and AIVIERIGAS, INC. 25 26 27 28 -1- NOTICE OF MOTION AND MOTION TO BIFURCATE TRIAL AND TO EXCLUDE EVIDENCE OF AMERIGAS DEFENDANTS’ FINANCIAL CONDITIONS PENDING PUNITIVE DAMAGES DETERMINATION