This case was last updated from Los Angeles County Superior Courts on 07/08/2019 at 21:20:44 (UTC).

EXECUTIVE PERILS INC VS MARIA HALE

Case Summary

On 02/02/2015 EXECUTIVE PERILS INC filed a Labor - Other Labor lawsuit against MARIA HALE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOLLY E. KENDIG and ELAINE LU. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1034

  • Filing Date:

    02/02/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

HOLLY E. KENDIG

ELAINE LU

 

Party Details

Plaintiffs and Cross Defendants

EXECUTIVE PERILS INC.

MAGNUSON MICHAEL D. DOE 1

R-T SPECIALTY INSURANCE SERVICE LLC DOE2

MAGNUSON MICHAEL

Defendants and Respondents

DOES 1 THROUGH 20

HALE MARIA

MAGNUSON MICHAEL D. DOE 1

R-T SPECIALTY INSURANCE SERVICE LLC DOE2

MAGNUSON MICHAEL

Defendants and Cross Plaintiffs

HALE MARIA

MORENO CRISTINA

Attorney/Law Firm Details

Plaintiff Attorneys

THE LAW OFFICE OF THOMAS M. FERLAUTO APC

MCGONIGLE TIMOTHY D

GUERRA JASON ERIC

Defendant and Respondent Attorneys

BOMAN CHRISTOPHER J. ESQ.

ASHKINDADZE REGINA ESQ.

BOMAN CHRISTOPHER J

SPURLEY REGINA ASHKINADZE

OLSEN AARON FRANKLIN ESQ.

Defendant and Cross Plaintiff Attorneys

ASHKINDADZE REGINA ESQ.

SPURLEY REGINA ASHKINADZE ESQ.

 

Court Documents

PLAINTIFF'S OPPOSITION TO R-T SPECIALTY INSURANCE SERVICES, LLC AND MICHAEL D. MAGNUSON'S EX PARTE REQUEST FOR THE COURT TO SUA SPONTE AND SUMMARILY CUT-OFF DISCOVERY

12/29/2017: PLAINTIFF'S OPPOSITION TO R-T SPECIALTY INSURANCE SERVICES, LLC AND MICHAEL D. MAGNUSON'S EX PARTE REQUEST FOR THE COURT TO SUA SPONTE AND SUMMARILY CUT-OFF DISCOVERY

CASE MANAGEMENT STATEMENT

4/9/2018: CASE MANAGEMENT STATEMENT

CASE MANAGEMENT ORDER

5/21/2018: CASE MANAGEMENT ORDER

DEFENDANT MARIA HALE'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS LL SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION

6/19/2018: DEFENDANT MARIA HALE'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS LL SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION

Notice

2/20/2019: Notice

Separate Statement

2/20/2019: Separate Statement

Substitution of Attorney

6/6/2019: Substitution of Attorney

Motion in Limine

7/2/2019: Motion in Limine

DEFENDANT MARIA HALES' NOTICE UF DEMURRER AND DEMURRER TO COMPLAINT; MEMORANDUM OF POINTS ND AUTHORITIES

3/30/2015: DEFENDANT MARIA HALES' NOTICE UF DEMURRER AND DEMURRER TO COMPLAINT; MEMORANDUM OF POINTS ND AUTHORITIES

DEFENDANT MARIA HALES' NOTICE OF DEMURRER AND DEMURRER TO THE FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

6/18/2015: DEFENDANT MARIA HALES' NOTICE OF DEMURRER AND DEMURRER TO THE FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

DEFENDANT MICHAEL MAGNUSON'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

7/13/2015: DEFENDANT MICHAEL MAGNUSON'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

DEFENDANT MARIA HALES' NOTICE OF DEMURRER AND DEMURRER TO THE SECOND AMENDED COMPLAINT; ETC

9/24/2015: DEFENDANT MARIA HALES' NOTICE OF DEMURRER AND DEMURRER TO THE SECOND AMENDED COMPLAINT; ETC

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MARIA HALE'S DEMURRER TO THE SECOND AMENDED COMPLAINT

9/24/2015: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MARIA HALE'S DEMURRER TO THE SECOND AMENDED COMPLAINT

ANSWER OF CROSS-DEFENDANT EXECUTIVE PERILS, INC. TO CROSS-COMPLAINT

11/30/2015: ANSWER OF CROSS-DEFENDANT EXECUTIVE PERILS, INC. TO CROSS-COMPLAINT

CIVIL DEPOSIT

8/4/2016: CIVIL DEPOSIT

Minute Order

8/23/2016: Minute Order

Proof of Service

3/28/2017: Proof of Service

JOINT STIPULATION TO PROVIDE DEFENDANT MICHAEL D. MAGNUSON LEAVE TO FILE FIRST AMENDED ANSWER AND AFFIRMATIVE DEFENSES

6/12/2017: JOINT STIPULATION TO PROVIDE DEFENDANT MICHAEL D. MAGNUSON LEAVE TO FILE FIRST AMENDED ANSWER AND AFFIRMATIVE DEFENSES

95 More Documents Available

 

Docket Entries

  • 07/02/2019
  • Motion in Limine (B to Exclude Plaintiff from Presenting Any Evidence, Testimony, or Argument as to Evidentiary Determinations Made by the Court in Regards to Defendant Maria Hale's Motion for Summary Judgment); Filed by Michael Magnuson (Defendant); R-T Specialty Insurance Service, LLC DOE2 (Defendant)

    Read MoreRead Less
  • 07/02/2019
  • Joinder to Motion (in Limine No. D by Defendants R-T Specialty and Damien Magnuson); Filed by CRISTINA MORENO (Cross-Complainant); Maria Hale (Cross-Complainant)

    Read MoreRead Less
  • 07/02/2019
  • Motion in Limine (D to Exclude Expert Witness Testimony from Brad Maryman and Joseph Greenfield); Filed by Michael Magnuson (Defendant); R-T Specialty Insurance Service, LLC DOE2 (Defendant)

    Read MoreRead Less
  • 07/02/2019
  • Motion in Limine (C to Exclude Evidence of Defendant's Financial Condition Unless and Until Plaintiff Has Proven a Prima Facie Case for Punitive Damages); Filed by Michael Magnuson (Defendant); R-T Specialty Insurance Service, LLC DOE2 (Defendant)

    Read MoreRead Less
  • 07/02/2019
  • Motion in Limine (A to Preclude Plaintiff from Introducing to the Jury Previously Produced Bates Labeled Documents Designated "Confidential," "Highly Confidential," or "Attorneys Eyes Only" by the Parties During Discovery); Filed by Michael Magnuson (Defendant); R-T Specialty Insurance Service, LLC DOE2 (Defendant)

    Read MoreRead Less
  • 07/02/2019
  • Motion in Limine (No. AC to exclude the "One More" email); Filed by Maria Hale (Cross-Complainant)

    Read MoreRead Less
  • 07/02/2019
  • Motion in Limine (No. AB to exclude evidence related to dismissed claims); Filed by Maria Hale (Cross-Complainant)

    Read MoreRead Less
  • 07/02/2019
  • Motion in Limine (No. AA to exclude defenses based on overtime exemptions); Filed by Maria Hale (Cross-Complainant)

    Read MoreRead Less
  • 06/07/2019
  • Substitution of Attorney; Filed by Executive Perils, Inc. (Plaintiff)

    Read MoreRead Less
  • 06/06/2019
  • Substitution of Attorney; Filed by Executive Perils, Inc. (Plaintiff)

    Read MoreRead Less
194 More Docket Entries
  • 05/21/2015
  • AMENDMENT TO COMPLAINT

    Read MoreRead Less
  • 05/21/2015
  • Amendment to Complaint; Filed by Maria Hale (Defendant)

    Read MoreRead Less
  • 05/21/2015
  • Amendment to Complaint; Filed by Executive Perils, Inc. (Plaintiff)

    Read MoreRead Less
  • 03/30/2015
  • DEFENDANT MARIA HALES' NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

    Read MoreRead Less
  • 03/30/2015
  • DEFENDANT MARIA HALES' NOTICE UF DEMURRER AND DEMURRER TO COMPLAINT; MEMORANDUM OF POINTS ND AUTHORITIES

    Read MoreRead Less
  • 03/30/2015
  • Demurrer; Filed by Maria Hale (Defendant)

    Read MoreRead Less
  • 03/30/2015
  • Demurrer; Filed by Maria Hale (Defendant)

    Read MoreRead Less
  • 02/02/2015
  • Complaint; Filed by null

    Read MoreRead Less
  • 02/02/2015
  • COMPLAINT FOR: 1) MISAPPROPRIATION OF TRADE SECRETS (CC 3426, ET SEQ.); ETC

    Read MoreRead Less
  • 02/02/2015
  • SUMMONS

    Read MoreRead Less

Tentative Rulings

Case Number: BC571034    Hearing Date: October 26, 2020    Dept: 26

IN ORDER TO IMPLEMENT PHYSICAL DISTANCING AND UNTIL FURTHER NOTICE, THE COURT STRONGLY ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR REMOTELY FOR NON-TRIAL AND NON-EVIDENTIARY MATTERS, INCLUDING THIS MOTION.

Superior Court of California

County of Los Angeles

Department 26

EXECUTIVE PERILS, INC.,

Plaintiff,

v.

MARIE HALE, et al.

Defendants.

Case No.: BC571034

Hearing Date: October 26, 2020

[TENTATIVE] order RE:

Plaintiff’s motion for new trial

Background

On February 2, 2015, Plaintiff Executive Perils, Inc. (“Plaintiff”) filed the instant action against a former employee Maria Hale. On May 21, 2015, Plaintiff filed a Doe amendment and First Amended Complaint adding defendants Michael Magnuson (“Magnuson”) and R-T Specialty Insurance Services, LLC (“R-T Specialty”). On August 21, 2015, Plaintiff filed a , Amended Complaint was filed. Of the claims asserted, only the following claims proceeded to trial; (1) Misappropriation of Trade Secrets against Magnuson and R-T Specialty, (2) Breach of Contract against Magnuson, (3) Breach of Fiduciary Duty against Magnuson, and (4) Unfair Business Practices against Magnuson and R-T Specialty Insurance. [1]

Following an eight-day jury trial, the jury rendered a special verdict on March 10, 2020 finding nominal damages of $1.00 for Plaintiff.

On August 20, 2020, the court entered judgment. On September 15, 2020, Plaintiff filed notice of intent to move for a new trial. On September 25, 2020, Plaintiff filed the memorandum for the motion for new trial. On October 13, 2020, R-T Specialty and Magnuson filed an opposition. On October 19, 2020, Plaintiff filed a reply.

Timeliness

A motion for new trial must be filed and served “within 15 days of the date of mailing notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon him or her by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest.” (CCP § 659(a)(2). Within ten days of filing notice of intention to move for a new trial, the moving party must serve and file the memorandum in support. (Cal. Rules of Court, rule 3.1600(a).)

Here, the court entered judgment on August 20, 2020. No notice of entry of judgment was filed or served at that time. Accordingly, the notice of intent to move for new trial filed September 15, 2020 was filed within 180 days of entry of judgment and is timely. Within ten days of filing the notice, on September 25, 2020, Plaintiff filed the memorandum in support of its motion for new trial.

Legal Standard

A motion for new trial is governed by Code of Civil Procedure section 657, which states in relevant part:

The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party:

1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial.

2. Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors.

3. Accident or surprise, which ordinary prudence could not have guarded against.

4. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial.

5. Excessive or inadequate damages.

6. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law.

7. Error in law, occurring at the trial and excepted to by the party making the application.

The determination of a motion for a new trial rests so completely within the court’s discretion that its action will not be disturbed unless a manifest and unmistakable abuse of discretion clearly appears. (Romero v. Riggs (1994) 24 Cal.App.4th 117, 121-122.) However, “[t]he right to a new trial is purely statutory, and a motion for a new trial can be granted only on one of the grounds enumerated in the statute.” (Fomco, Inc. v. Joe Maggio, Inc. (1961) 55 Cal.2d 162, 166.) “As the motion for a new trial finds both its source and its limitations in the statutes [Citation], the procedural steps prescribed by law for making and determining such a motion are mandatory and must be strictly followed [Citations]. Applying this rule, it has uniformly been held that an order granting a new trial is in excess of jurisdiction and void if, for example, it is made in a proceeding in which the remedy of new trial is not available [Citations.] (Mercer v. Perez (1968) 68 Cal.2d 104, 118.)

Discussion

Plaintiff moves for a new trial based on statutory grounds of inadequate damages.

Inadequate Damages

Plaintiff contends that the nominal damage awarded for Magnuson’s conduct is improper and against the weight of the evidence.

“A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.” (CCP § 657.)

In its special verdict rendered on March 10, 2020, the jury found that Magnuson breached the contract between himself and Plaintiff but that Plaintiff was not harmed by Magnuson’s breach of the contract. With respect to Plaintiff’s misappropriation of trade secrets claim, the jury found that Plaintiff owned and made reasonable efforts to keep secret its spreadsheet, library, or comparison of different insurance policies, which had actual or potential independent economic value by virtue of its secrecy. However, the jury found that neither Magnuson nor R-T Specialty Insurance Services used or disclosed the trade secret by improper means. With respect to Plaintiff’s breach of fiduciary duty claim, the jury found that Magnuson was a corporate officer of Plaintiff and failed to act as a reasonably careful corporate officer would have acted under the same circumstances with respect to handling confidential information, but that Plaintiff was not harmed by Magnuson’s failure to act as a reasonably careful corporate officer would have acted under the same circumstances. The jury further found that Magnuson did not knowingly act during his employment with Plaintiff against Plaintiff’s interests by soliciting and poaching Plaintiff’s customers for Plaintiff’s competitors. Finally, the jury found that Plaintiff’s economic damages totaled one dollar.

Because the jury found neither Magnuson nor R-T Specialty Insurance Services liable for misappropriation of trade secrets, the two causes of action that are relevant here are the breach of contract and breach of fiduciary duty claims, each of which was asserted against Magnuson only.

Plaintiff contends that “that the jury improperly failed to do its job and simply took the easy way out, finding liability, but merely awarding nominal damages despite the copious evidence that [Plaintiff] was damaged by Magnuson’s misconduct.” (Motion pp.1:27-2-2.) In support of this argument, Plaintiff presents the transcript of Michael Rosen who testified as to damages incurred by Plaintiff and as to Rosen’s analysis of damages. (McGonigle Decl. Exs. 2-3.)

In opposition, Defendants assert that “[d]espite having the burden to prove causation, Plaintiff was unable to establish through admissible evidence at trial that any breach of contract and/or breach of the duty of care caused any damages.” (Opposition p.1:13-15.)

In reply, Plaintiff contends that the jury must have found causation as “[t]he jury awarded $1 in ‘nominal’ damages on both of the claims upon which it found Defendant liable. Thus, according to the jury’s own verdict, the jury must have found causation and actual damages, since causation is a predicate element of the cause of action for breach of fiduciary duty in the first place[.]” Reply p.2:22-26.)

Defendants correctly note that the jury’s special verdict clearly demonstrates that there was no finding of causation. Specifically, the jury found as follows:

Question No. 4: Was Executive Perils, Inc., harmed by Damien Magnuson’s breach of the contract?

____ Yes __X__ No

Question No. 16: Was Executive Perils, Inc. harmed by Damien Magnuson’s failure to act as a reasonably careful corporate officer would have acted under the same or similar circumstances?

Yes _____ No ___X__

(Judgment Entered 8/20/20; Special Verdict entered 3/10/20.)

As mentioned above, the jury found that Magnuson did not breach his duty of undivided loyalty. (Id. at Question No. 18.) Thus, Plaintiff could not have suffered any harm that resulted from a breach of undivided loyalty.

Plaintiff’s argument as to the breach of fiduciary duty claim is unavailing. Plaintiff was not the prevailing party on the breach of fiduciary duty claim. As Plaintiff notes, “[t]he elements of a cause of action for breach of fiduciary duty are: (1) existence of a fiduciary duty; (2) breach of the fiduciary duty; and (3) damage proximately caused by the breach.” (Gutierrez v. Girardi (2011) 194 Cal.App.4th 925, 932 [italics added].) Here, the jury found no damage proximately caused by Magnuson’s failure to use reasonable care. (Special Verdict Question No. 14.) Thus, the jury found no liability as to the claim for breach of fiduciary duty.

This leaves the breach of contract claim as the only potential basis for nominal damages. As noted above, the jury found that Magnuson’s breach of the contract caused no harm to Plaintiff. (Special Verdict Question No. 4.) However, the breach of contract claim provided a basis for awarding nominal damages. The Court instructed the jury on CACI No. 360 as follows: “If you decide that Damien Magnuson breached the contract but also that Executive Perils, Inc. was not harmed by the breach, you may still award it nominal damages such as one dollar.” Thus, it is clear from the record that the nominal damage awarded by the jury was for the breach of contract that caused no harm.

Moreover, though Plaintiff does not challenge the sufficiency of evidence supporting the jury’s finding of lack of causation, the court notes that there is more than ample evidence in the record supporting the jury’s finding that Plaintiff suffered no harm from Magnuson’s breach of contract or breach of fiduciary duty.

For instance, numerous retail agents testified at trial as to the reasons they chose to move their business to Magnuson’s new company after he left Plaintiff, none of which related to Magnuson’s breach of contract or breach of fiduciary duty. For example, when John Roquiero placed a call to Executive Perils after Magnuson left, someone pretended to be Mr. Magnuson, which diminished his trust in Executive Perils. Joe Binsfeld needed help with his brother’s account, which was complicated, and was not satisfied with Plaintiff’s employee who had been assigned to the account after Magnuson left. Due to her loyalty to Magnuson, Joan Schiewe began preparing to move her company’s accounts to Magnuson’s new company as soon as Plaintiff informed her that Magnuson had resigned (even before she even with Magnuson). Kevin Gigler was dissatisfied with the response by and service from Plaintiff’s employee for an account that he was working on. As set forth in great detail in Defendants’ opposition, Defendants introduced numerous exhibits and ample testimony at trial that demonstrated that the accounts that transferred to Magnuson’s new employer following his departure did so for reasons unrelated to Magnuson’s breach of contract or breach of fiduciary duty.

Thus the weight of the evidence amply supports the jury’s finding of a lack of causation as to any damages suffered.

CONCLUSION AND ORDER

For the foregoing reasons, Plaintiff’s motion for a new trial is DENIED.

Moving Party is ordered to provide notice of this order and file proof of service of such.

DATED: October 26, 2020 ___________________________

Elaine Lu

Judge of the Superior Court


[1] The Unfair Business Practice claim was dismissed on June 22, 2020.

Case Number: BC571034    Hearing Date: February 25, 2020    Dept: 26

SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE county OF LOS ANGELES

EXECUTIVE PERILS, INC.,

Plaintiff,

v.

MARIA HALE; and DOES 1 through 20, inclusive,

Defendants.

CASE NO.: BC571034

RULINGS ON OBJECTIONS TO DEPOSITION TRANSCRIPT DESIGNATIONS FOR JOE BINSFELD AND JON ROQUIERO

Judge: Hon. Elaine Lu

Dept.: 26

Complaint Filed : 02/02/2015

FAC Filed : 05/21/2015

SAC Filed : 08/21/2015

Trial Date : 02/25/2020

MARIA HALE, an individual; CRISTINA MORENO, an individual;

Cross-Complainant,

vs.

EXECUTIVE PERILS, INC., a California corporation; MICHAEL D. MAGNUSON, an individual; R-T SPECIALTY INSURANCE SERVICES, LLC; a California limited liability company; and ROES 1 through 20, inclusive,

Cross-Defendants.

The Court hereby rules as follows on the objections to the deposition transcript designations for Joe Binsfeld and Jon Roquiero:

JOE BINSFELD, VOL. 1

Excerpt No.

Page-Line Designation

Time Designation

Objections

Counter-Designation

Objections

Ruling

1

8:6-13

10:33:17 – 10:33:33

1

2

8:23-9:7

10:34:01-10:34:27

1

9:8 to 14

1

3

10:14-10:22

10:36:02-10:36:37

1

11:4-9

1

4

12:1-13:3

10:38:01-10:39:25

1

5

15:16-23

10:42:40-10:43:00

1

15:9-11

1

6

16:12-13

10:43:38-10:43:45

1

7

16:20-17:6

10:44:08-10:45:09

1

8

17:11-18:8

10:45:16-10:46:29

1

9

18:18-19:18

10:46:56-10:48:25

18:18-19:18 (NR, R, N, 352)

Overruled

10

20:15-20

10:49:19-10:49:36

1

11

21:8-21:14

10:50:11-10:50:30

21:8-14 (R, NR, 352)

Overruled

12

21:17-22:6

10:50:51-10:51:42

1

13

22:24-23:16

10:52:50-10:54:01

1

14

23:18- 24:6

10:54:04-10:54:39

1

15

24:16-25:7

10:55:04-10:55:49

25: 2-7 (R, 352)

Overruled

16

25:14-25:21

10:56:09-10:56:37

1

17

29:10-29:13

11:02:20-11:02:24

1

18

31:23-33:19

11:05:36-11:08:46

1

19

33:25-34:9

11:09:26-11:09:59

32:23-33:19 (R. 352); 33:25-34:20) (R, 352)

Overruled; Overruled

20

34:11-34:20

11:10:05-11:10:29

1

21

35:4-35:6

11:11:26-11:11:53

1

22

35:15-36:25

11:12:34-11:14:37

1

23

37:8-37:10

11:15:26-11:15:31

1

24

38:9-39:3

11:16:50-11:17:56

38:9-39:3 (R. 352)

Overruled

25

39:8-16

11:18:15-11:18:39

39:8-16 (L, R)

47:18-48:5; 59:25-60:11

Sustained as to 39:8-12; Overruled as to 39:13-16

26

59:1-23

12:13:26-12:14:54

1

27

64:7-16

12:21:29-12:22:02

1

28

65:1-65:18

12:23:25-12:24:48

1

65:19-66:2

1

29

68:11-13

12:30:44-12:30:51

1

JON ROQUIERO, VOL. 1

Excerpt No.

Page-Line Designation

Time Designation

Objections

Counter-Designation

Objections

Ruling

1

6:6-24

09:43:50-09:44:37

1

2

7:5-8:13

09:44:55-09:47:19

1

3

10:12-11:11

09:49:48-09:51:56

1

9:12 -10:11

11:12-12:9

1

4

12:11-13:25

09:52:56-09:54:57

12:12-13:10

(F, S , 352)

Overruled

5

14:1-20

09:54:57-09:56:00

13:22-16:2 (S. H, R, 352)

Sustained as to 14:11-14:13 (“It’s weird. Somebody answered Damien’s phone pretending to be Damien. I don’t know who it is, but”); Sustained as to 15:1-15:3 (“I mean, Dave, he was, you know, as surprised as I was that somebody would be pretending to be Damien.”); Sustained as to 15:4-15:5 (“He let me know that he had left Executive Perils at that time.”) Otherwise overruled as to the balance.

6

14:21-15:9

09:56:00-09:56:48

1

7

15:10-16:2

09:56:48-09:58:50

1

8

16:3-17:8

09:59:32-09:59:57

1

9

17:9-18:2

09:59:43-10:01:01

17:9-21 (R. S. 352

Overruled

10

18:22-20:5

10:03:47-10:06:04

1

11

21:14-20

10:07:58-10:08:28

22:2-8

(L) (S)

Overruled

12

23:24-24:19

10:11:54-10:13:01

1

13

24:20-27:2

10:13:01-10:16:56

26:13 to 23 (L)

Overruled

14

28:15-29:5

10:18:45-10:19:28

28:15- 29:5 (R. 352)

Overruled

15

29:14-33:5

10:19:51-10:24:34

29:14-31:24 (R. N)

32:8 – 33:5 (S,H,R,352)

Overruled; Overruled

16

36:10-39:4

10:30:21-10:34:09

37:4-38:3 (R)

Overruled

DATED: February 22, 2020 ___________________________

Elaine Lu

Judge of the Superior Court