On April 17, 2018 a
Motion-Secondary
was filed
involving a dispute between
Trujillo, Bryan,
Trujillo, Cindy,
and
Does 1-20,
Does 1-50,
Magee, Stephen,
Sac Aero Flying Club, Inc.,
for (23) Unlimited Other PI/PD/WD
in the District Court of San Mateo County.
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I MICHAEL S. DANKO, ESQ. SBN 111359 02/26/2021
mdanko(Rdankolaw. corn
2 DANKO MEREDITH
333 Twin Dolphin Drive, Suite 145
3 Redwood Shores, CA 94065
Telephone: (650) 453-3600
4 Facsimile: (650) 394-8672
5 Attorneys for Plaintiffs
BRYAN TRUJILLO and CINDY TRUJILLO
6
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
10 UNLIMITED CIVIL JURISDICTION
11 BRYAN TRUJILLO and CINDY TRUJILLO, Case No. 18CIV01901
12 Plaintiffs, PLAINTIFFS'PPOSITION TO
DEFENDANTS'OTION INLIJIIINE NO. 6
13 v, RK: EXCLUDING TESTIMONY OF ERIC
RISBKRG
14 STEPHEN MAGEE, SAC AERO FLYING
CLUB, INC., AND DOES I - 50,
15 Date: March 8, 2021
Defendants Time: I:30 p.m.
16 Dept.: 4
17
Complaint filed: April 17, 2018
18
19
20 Mr. Risberg is a licensed, experienced appraiser of real property. He need not be, as
21 defendants seem to contend, an environmental engineer or geologist as well. He thus has the
22 necessary certifications and licenses to appraise real property whether the property has been
23 contaminated or not. It would be an abuse of discretion to exclude him. (Naples Restaurant v.
24 Coberly Ford (1968) 259 Cal.App.2d 881 [abuse of discretion to exclude a Chrysler salesman from
25 rendering an expert opinion as to value of Ford Thunderbird].)
26 Any concerns defendants have about Mr. Risberg's qualifications are best left for cross-
27 examination. Or voir dire.
28
PLAINTIFFS'PPOSITION TO DEFENDANTS'OTION IN LIMINE NO. 6 RK: EXCLUDING
TESTIMONY OF ERIC RISBKRG
I Defendant next complain that Mr. Risberg refers to a chart or matrix developed by Randall
2 Bell. Randall Bell is an appraiser and PhD. Bell wrote the textbook "Real Estate Damages, Third
3 Edition," as well as many other resources dealing with the appraisal of distressed property.
4 Defendant's own appraiser, Ted Faravelli, also refers to the famous Bell Matrix, calling it the "gold
5 standard" in the industry when determining a property's diminution in value resulting from an
6 adverse event.
Q. Anything else you did?
A. Well, research in the context of diminution in value. Which
articles I looked at, relied on, the basic matrix that's used, which is pretty
10 much the gold standard by our dear friend, Mr. Randall Bell.
(Deposition Transcript of Ted Faravelli at 19:8-11, Exh. A to Miller declaration.)
12 Faravelli agrees that the Bell methodology is well-respected generally.
13
Well, what do you think of Mr. Bell - - I see a lot of his stuff in
14
here.
15 A, He's a very well-respected --
16 Q. And--
A. - -professional.
17
(Deposition Transcript of Ted Faravelli at 68:6-10, Exh. A to Miller declaration.)
18
19
In fact, so central is the Bell methodology to cases such as this that the one of the first things
20 Bell'
Mr. Faravelli did after Mr. Montanari retained him was to send to Mr. Montanari some of Mr.
21
articles (Faravelli Depo at 72:18-20; 73:7-11, Exh. A to Miller declaration) because, according to
22
Mr. Faravelli, they were "significant and important." (Faravelli Depo at 73:12-14, Exh A to Miller
23
declaration.)
24
25
26
///
28
-2-
PLAINTIFFS'PPOSITION TO DEFENDANTS'OTION IN LIMINE NO. 6 RK: EXCLUDING
TESTIMONY OF ERIC RISBERG
1 It is beyond serious dispute that an expert may base his opinion on methodology and protocols
2 typically used by those who practice in the area. (Roberts v. Andy's Termite and Pest Control, Inc.,
3 (2003) 11 Cal.App.4ra 893, 906 [expert testimony "based on studies and protocol of a type that
4 reasonably may be relied on by a medical expert witness" improperly excluded].) Mr. Risberg is thus
5 entitled to base his opinions in this case on Bell's methodologies and protocols, methodologies and
6 protocols that even Defendant's expert concedes are the "gold standard" in case such as this.
8 Dated: February ~(cr, 2021 Respectfully submitted,
DANKO MEREDITH
10
CHAEL S. DANKO
12 ttorneys for Plaintiffs
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PLAINTIFFS'PPOSITION TO DEFENDANTS'OTION IN LIMINE NO. 6 RE: EXCLUDING
TESTIMONY OF ERIC RISBERG
Document Filed Date
February 26, 2021
Case Filing Date
April 17, 2018
Category
(23) Unlimited Other PI/PD/WD
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I MICHAEL S. DANKO, ESQ. SBN 111359 02/26/2021 mdanko(Rdankolaw. corn 2 DANKO MEREDITH 333 Twin Dolphin Drive, Suite 145 3 Redwood Shores, CA 94065 Telephone: (650) 453-3600 4 Facsimile: (650) 394-8672 5 Attorneys for Plaintiffs BRYAN TRUJILLO and CINDY TRUJILLO 6 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO 10 UNLIMITED CIVIL JURISDICTION 11 BRYAN TRUJILLO and CINDY TRUJILLO, Case No. 18CIV01901 12 Plaintiffs, PLAINTIFFS'PPOSITION TO DEFENDANTS'OTION INLIJIIINE NO. 6 13 v, RK: EXCLUDING TESTIMONY OF ERIC RISBKRG 14 STEPHEN MAGEE, SAC AERO FLYING CLUB, INC., AND DOES I - 50, 15 Date: March 8, 2021 Defendants Time: I:30 p.m. 16 Dept.: 4 17 Complaint filed: April 17, 2018 18 19 20 Mr. Risberg is a licensed, experienced appraiser of real property. He need not be, as 21 defendants seem to contend, an environmental engineer or geologist as well. He thus has the 22 necessary certifications and licenses to appraise real property whether the property has been 23 contaminated or not. It would be an abuse of discretion to exclude him. (Naples Restaurant v. 24 Coberly Ford (1968) 259 Cal.App.2d 881 [abuse of discretion to exclude a Chrysler salesman from 25 rendering an expert opinion as to value of Ford Thunderbird].) 26 Any concerns defendants have about Mr. Risberg's qualifications are best left for cross- 27 examination. Or voir dire. 28 PLAINTIFFS'PPOSITION TO DEFENDANTS'OTION IN LIMINE NO. 6 RK: EXCLUDING TESTIMONY OF ERIC RISBKRG I Defendant next complain that Mr. Risberg refers to a chart or matrix developed by Randall 2 Bell. Randall Bell is an appraiser and PhD. Bell wrote the textbook "Real Estate Damages, Third 3 Edition," as well as many other resources dealing with the appraisal of distressed property. 4 Defendant's own appraiser, Ted Faravelli, also refers to the famous Bell Matrix, calling it the "gold 5 standard" in the industry when determining a property's diminution in value resulting from an 6 adverse event. Q. Anything else you did? A. Well, research in the context of diminution in value. Which articles I looked at, relied on, the basic matrix that's used, which is pretty 10 much the gold standard by our dear friend, Mr. Randall Bell. (Deposition Transcript of Ted Faravelli at 19:8-11, Exh. A to Miller declaration.) 12 Faravelli agrees that the Bell methodology is well-respected generally. 13 Well, what do you think of Mr. Bell - - I see a lot of his stuff in 14 here. 15 A, He's a very well-respected -- 16 Q. And-- A. - -professional. 17 (Deposition Transcript of Ted Faravelli at 68:6-10, Exh. A to Miller declaration.) 18 19 In fact, so central is the Bell methodology to cases such as this that the one of the first things 20 Bell' Mr. Faravelli did after Mr. Montanari retained him was to send to Mr. Montanari some of Mr. 21 articles (Faravelli Depo at 72:18-20; 73:7-11, Exh. A to Miller declaration) because, according to 22 Mr. Faravelli, they were "significant and important." (Faravelli Depo at 73:12-14, Exh A to Miller 23 declaration.) 24 25 26 /// 28 -2- PLAINTIFFS'PPOSITION TO DEFENDANTS'OTION IN LIMINE NO. 6 RK: EXCLUDING TESTIMONY OF ERIC RISBERG 1 It is beyond serious dispute that an expert may base his opinion on methodology and protocols 2 typically used by those who practice in the area. (Roberts v. Andy's Termite and Pest Control, Inc., 3 (2003) 11 Cal.App.4ra 893, 906 [expert testimony "based on studies and protocol of a type that 4 reasonably may be relied on by a medical expert witness" improperly excluded].) Mr. Risberg is thus 5 entitled to base his opinions in this case on Bell's methodologies and protocols, methodologies and 6 protocols that even Defendant's expert concedes are the "gold standard" in case such as this. 8 Dated: February ~(cr, 2021 Respectfully submitted, DANKO MEREDITH 10 CHAEL S. DANKO 12 ttorneys for Plaintiffs 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFFS'PPOSITION TO DEFENDANTS'OTION IN LIMINE NO. 6 RE: EXCLUDING TESTIMONY OF ERIC RISBERG