MOTION IN LIMINE NO. 12: TO DISCLOSE IDENTITIES, AMOUNTS, SOURCES AND DATES OF PRIOR SETTLEMENTS (TRANSACTION ID # 54795932) FILED BY DEFENDANT AUTOZONE WEST, INC. January 07, 2014 (2024)

On May 19, 2011 aMotion,Ex Partewas filedinvolving a dispute betweenAndrew Boonstra Ii, As Legal Heir Of Robert Elmo,Brandi Boonstra, As Slegal Heir Of Robert Elmo,David Brockman, As Personal Representative Of The,Louis Rhea, As Legal Heir Of Robert Elmo Rhea,,Nicole Garcia, As Legal Heir Of Robert Elmo Rhea,,Rhea, Brandon,Rhea, Jonathan,Rhea, Kenneth,Robert Rhea, As Legal Heir Of Robert Elmo Rhea,,andAutozone West, Inc.,Borg-Warner Corporation,Cbs Corporation, A Delaware Corporation,,Cbs Corporation (Fka Viacom Inc., Fka Westinghouse,Crown Cork & Seal Company, Inc.,Does 1-8500,Dowman Products, Inc.,Genuine Parts Company,Hopeman Brothers, Inc.,J.T. Thorpe & Son, Inc.,Kaiser Gypsum Company, Inc.,Kelly-Moore Paint Company, Inc.,Lehigh Hanson, Inc.,Macarthur Company,Metropolitan Life Insurance Company,Thomas Dee Engineering Company,Thompson Building Materials, Inc.,Western Asbestos Company,Western Macarthur Company,for civilin the District Court of San Francisco County.

 
Preview
 Christopher M. Harnett (Bar No. 059468)Jeanne C, Shih (Bar No. 211699)ARCHER NORRIS . ELECTRONICALLYA Professional Law Corporation2033 North Main Street, Suite 800 FILEDWalnut Creek, California 94596-3759 Superior Court of California,Telephone: 925.930.6600 County of San FranciscoFacsimile: 925.930.6620 JAN 07 2014Clerk of the CourtAttorneys for Defendant BY: JUDITH NUNEZAUTOZONE WEST, INC. Deputy ClerkSUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF SAN FRANCISCODAVID BROCKMAN, as Personal Case No. CGC-11-275829Representative of the Estate of ROBERTELMO RHEA, Deceased; and ROBERT DEFENDANT AUTOZONE WEST, INC.’SRHEA, LOUIS RHEA, NICOLE MOTION IN LEMINE NO, 12:GARCIA, ANDREW BOONSTRA IT, andBRANDI BOONSTRA as Legal heirs of TO DISCLOSE IDENTITIES, AMOUNTS,ROBERT ELMO RHEA, Deceased, SOURCES AND DATES OF PRIORSETTLEMENTSPlaintiff,Trial Date: January 13, 2014v. Time: 11:15 a.m.Dept: 503THOMAS DEE ENGINEERINGCOMPANY, et al.,Defendant.1.ORDER REQUESTEDDefendant AUTOZONE WEST, INC. (“Defendant”) moves the Court, in imine, for anorder requiring Plaintiffs to disclose the identities, amounts, sources and dates of all priorsettlements agreed to or paid in the above-entitled case, if any.ThDISCUSSIONA. IntroductionThis motion is made on the basis that Defendant is entitled to know which defendants, ifany, have settled with plaintiffs in order to determine any possible bias of witnesses who may beAUTOI2691/1727682-1called to testify by plaintiffs or other defendants at trial, and to evaluate their rights under Section877.6 of the California Code of Civil Procedure,B. Legal ArguinentCalifornia Code of Civil Procedure § 877 provides, in relevant part:Where a release, dismissal with or without prejudice, or a covenantnot to suc or not to enforce judgment is given in good faith beforeverdict or judgment to one or more tortfeasors claimed to be liablefor the same tort ... it shall have the following effect:(a) It shall not discharge any other such party from liability unlessits terms so provide, but it shall reduce the claims against the othersin the amount stipulated by the release, the dismissal or thecovenant, or in the amount of the consideration paid for itwhichever is the greater.This section provides that a plaintiffs’ recovery from non-settling tortfeasors should bediminished by the amount the plaintiffs have actually recovered in a good faith settlement.American Motoreycle Assn. v. Superior Court (1978) 20 Cal.3d 578, 604. Section 877 does notrequire the direct payment of money nor does it impose any requirement as to how and when theconsideration is paid. Arbuthnot v. Relocation Realty Service Corp, (1991) 227 Cal App.3d 982,689, The goal of this section is the equitable sharing of costs among the parties at fault and theencouragement of settlements, Abbot Ford, Inc. v. Superior Court (1987) 43 Cal.3d 858, 871-72.Defendant seeks disclosure of the details of previous settlements in this case and thecredits settlements in this case because they have a right to know the credits to which they areentitled. Moreover, Defendant has a "palpable financial interest" in this information as definedby the court of appeal in River Garden Farms, Inc. v. Superior Court (1972) 26 Cal.App.3d 986:Each prejudgment settlement affects the ultimate expense borne byeach judgment debtor. Absent a prejudgment settlement, alldefendants found liable would share pro rata, that is, equally. Bysettling before the verdict, one defendant may acquit himself bycontributing something less than his equal share, leaving the otherdefendants saddled with the entire judgment less pro tanto creditfor the settlement. The cheaper the settlement, the smaller the protanto credit. Thus a non-negotiating defendant has a palpableSnancial interest in the amount at which the negotiating defendantsettles.Jd, at 993,The disclosure of the identities, amounts, sources and dates of all prior settlements madeAUTO12691/727682-1 2AUTOZONE WEST'S MIL #12 - TO DISCLOSE IDENTITIES, AMOUNTS,SOURCES AND DATES OF PRIOR SETTLEMENTSnD Be WN omoO wo NW DHwith plaintiffs prior to the commencement of trial is, therefore, necessary in the interest of justice.As it is not the burden of the non-settling defendants to establish the value of the settlements (seeArbuthnot, 227 Cal.App.3d at 690), Defendant requests that Plaintiffs be ordered to disclose thisinformation prior to the start of voir dire.it.CONCLUSIONFor the reasons stated above, Defendant respectfully requests that this motion be granted.Dated: January 6, 2014 ARCHER NORRIS(ltChristopher M. HafnettAttorndys for DefendantAUTOZONE WEST, INC.AUTO12691/1727682-1 3AUTOZONE WEST’S MIL #12 - TO DISCLOSE IDENTITIES, AMOUNTS,SOURCES AND DATES OF PRIOR SETTLEMENTS