Judge: Theresa M. Traber, Case: BC659846, Date: 2022-07-29 Tentative Ruling
Case Number: BC659846 Hearing Date: July 29, 2022 Dept: 47
ILAN N ROSEN
JANFAZA VS ROYAL PALACE ROYAL GIRLS CABARET LLC
Case No. BC659846
TENTATIVE RULINGS ON MOTIONS IN LIMINE
Defendants’ MIL
#1 – to exclude witnesses under Evidence
Code § 777
RULING: GRANTED as to all non-party witnesses until
after they have completed their testimony in this action.
Defendants’ MIL
#2 – to exclude any experts not properly
designated and any expert testimony from lay witnesses
RULING: DENIED without prejudice. Defendant has identified no expert or lay
testimony sought to be excluded. Nor has
it been shown that expert designations were ever demanded in this case pursuant
to CCP § 2034.210.
Defendants’ MIL
#3 – to exclude evidence or argument
about any medical billing amounts that were provided on a lien basis from any
health care provider.
RULING: DENIED, the medical bills provided to
Plaintiff and the amounts on those bills are relevant even if the services were
provided by the health care provider on a lien basis.
“Plaintiff
has a two-step burden of proof in establishing damages for past medical
services. The measure of recovery is well established: “[A] person injured by
another's tortious conduct is entitled to recover the reasonable value of
medical care and services reasonably required and attributable to the tort.” (Hanif
[v. Housing Authority (1988) 200 Cal.App.3d 635,] 640, 246 Cal.Rptr.
192.) First, plaintiff must prove that she actually incurred the medical
expenses and the amount of her liability for the expenses caps her potential
recovery. Hanif, followed by Nishihama
v. City and County of San Francisco (2001) 93 Cal.App.4th 298, 112
Cal.Rptr.2d 861 (Nishihama) and Howell [v. Hamilton Meats
& Provisions, Inc. (2011) 52 Cal.4th 541] . . . resolved this rather
straightforward issue. Second, plaintiff must prove the reasonable value of the
medical services but is entitled to no more than the expenses she actually
incurred. ‘[A] plaintiff may recover as economic damages no more than the
reasonable value of the medical services received and is not entitled to
recover the reasonable value if his or her actual loss was less.’ (Howell, supra, 52 Cal.4th at p. 555,
129 Cal.Rptr.3d 325, 257 P.3d 1130.)” (Moore
v. Mercer (2016) 4 Cal. App. 5th 424, 436-437.)
Even
if the defendants in a particular case might be entitled to a reduction based
on negotiated discounts available under MediCal or through private insurance,
the actual amounts billed to plaintiffs and the bills reflecting those amounts
are admissible at trial, “as they reflect[ ] on the
nature and extent of plaintiffs' injuries and were therefore relevant to their
assessment of an overall general damage award.”
(Katiuzhinsky v. Perry (2007) 152 Cal. App. 4th 1288, 1296.) Further, even if the liens provided in
exchange for medical services are sold to a third party, the amounts paid for
the liens as receivables may be excluded at trial as irrelevant, so long as the
plaintiffs remain fully liable for the full amount of the medical provider’s
charges. (Id., at p. 1296; Moore
v. Mercer, supra, at pp. 438-439.)
In any event, Defendant does not provide sufficient information
for the Court to determine whether there is a specific basis for excluding
Plaintiff’s medical bills, despite the general rule that they are admissible to
show the reasonable value of the medical services provided. In the absence of such details, the Court
cannot grant the motion in limine. The
specific facts in a particular case determine what is or is not relevant
because “evidence which might be admissible in one case might not be admissible
in another.” (Id., at p.
442.)
Defendant’s
MIL #4 – to exclude all
evidence of Defendant’s financial condition until after the jury awards actual
damages and makes a finding of fraud, malice or oppression under Civil Code §
3294.
RULING: GRANTED, pursuant to Civil Code § 3295(d).
Defendant’s MIL #5 -- to exclude any witnesses or evidence not
previously disclosed.
RULING: DENIED.
Defendant has not identified any specific evidence or witnesses that
should be excluded or demonstrate a right to an exclusion order.
In
general, a party who has responded to formal written discovery has no
affirmative duty to supplement its responses when new information comes into
its possession. (Biles v. Exxon Mobil Corp.
(2004) 124 Cal.App.4th 1315, 1318–1319, 1328.)
“[A]bsent unusual circumstances, such as repeated and egregious
discovery abuses,” courts will not impose an evidentiary sanction for a failure
to disclose unless there has been a “willful” failure to disclose. (Id., at p. 1327.) Here, there has been no showing that any of
Plaintiff’s discovery responses were willfully false or incomplete. (Id., at p. 1323-1324.) Nor has Defendant pointed to any violation of
a court order directing Plaintiff to provide further answers to
Defendant’s discovery. In A & M Recs., Inc. v. Heilman (1977) 75 Cal. App. 3d 554, 565 – a case on
which Defendant relies – the trial court barred use of certain documents, not
because they were not disclosed in discovery, but because they were not
produced in violation of a court order.
Here,
Defendant has not only failed to identify specific witnesses, documents or
information that it claims should be excluded, but he has also made no effort
to show that any non-disclosure by Plaintiff was willful or that the failure to
disclose violated a court order. On this
record, there is no basis for an exclusion order.
Defendant’s MIL # – to exclude all evidence insurance coverage.
RULING: GRANTED, pursuant to Evidence Code § 1155.
IT IS SO ORDERED.
Dated: July 29, 2022 ___________________________________
Theresa
M. Traber
Judge
of the Superior Court
Any party may submit on the
tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day
before the hearing. All interested parties must be copied on the email. It
should be noted that if you submit on a tentative ruling the court will still
conduct a hearing if any party appears. By submitting on the tentative you
have, in essence, waived your right to be present at the hearing, and you
should be aware that the court may not adopt the tentative, and may issue an
order which modifies the tentative ruling in whole or in part.