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Electronically FLED by Superior Court of California, County of Los Angeles on 03/18/2022 05:34 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Soto,Deputy Clerk
1 THEODOREJ. BOUTROUS, JR., SBN 132099 LY NNE C. HERMLE, SBN 99779
tboutrous@ gibsondunn.com Ichermle@ orrick.com
2 JULIAN W. POON, SBN 219843 JOSEPH C. LIBURT, SBN 155507
jpoon@ gibsondunn.com jliburt@ orrick.com
3 JEREMY . SMITH, SBN 283812 ORRICK, HERRINGTON & SUTCLIFFE LLP
jssmith@ gibsondunn.com 1000 Marsh Road
PATRICK J. FUSTER, SBN 326789 Menlo Park, CA_94025-1015
pfuster@ gibsondunn.com Telephone: 650.614.7400
MATTHEW N. BALL, SBN 327028 Facsimile: 650.614.7401
munball@ gibsondunn.com
YAN ZHAO, SBN 341608
zhao@ gibsondunn.com
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: 213.229.7000
Facsimile: 213.229.7520
10 Attomeys for Defendants FARMERS INSURANCE
EXCHANGE AND FARMERS GROUP, INC.
11
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 FOR THE COUNTY OF LOS ANGELES
14 CENTRAL DISTRICT
15 ANDREW RUDNICKI, CASE NO. BC630158
16 Plaintiff, DEFENDANTS’ NOTICE OF MOTIONAND
MOTION FOR JUDGMENT
17 Vv.
NOTWITHSTANDING THE VERDICT
18 FARMERS INSURANCE EXCHANGE, [Notice of Intention to Move for New Trial and
FARMERS INSURANCE GROUP, ZURICH Motion for New Trial; Memorandum of Points
19 INSURANCE, ZURICH, ZURICH NORTH and Authorities in Support; Declaration of Julian
AMERICA, FARMERS GROUP, INC., W. Poon; [Proposed] Orders; and [Proposed]
20 ZURICH INSURANCE COMPANY, TRUCK Judgment filed concurrently]
INSURANCE EXCHANGE, FIRE
21 INSURANCE EXCHANGE, and DOES 1 to ASSIGNED FOR ALL PURPOSES TO:
100, inclusive,
HON. RUTH ANN KWAN
22 Defendants.
HEARING:
23 Date: May 13, 2022
Time: 9:00 a.m.
24 Dept: Dept. 89
25 Action Filed: August 10, 2016
Trial Date: November 15, 2021
26
Jurisdictional Deadline to Rule: May 31, 2022
27
28
Gibson, Dunn &
Crutcher LLP
DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT
TO ALL PARTIES AND THEIR ATTORNEY S OF RECORD:
PLEASE TAKE NOTICE that on May 13, 2022, at 9:00 a.m., oras soon thereafter as this matter
may be heard, in Department 89 of the Los Angeles Superior Court, Central District, Defendants
Farmers Insurance Exchange (“FIE”) and Farmers Group, Inc. (“FGI”) will move the Court pursuant
to Code of Civil Procedure section 629 to set aside the judgment entered on March 17, 2022, on the
jury’s special verdicts in this action, and to enter judgment notwithstanding the verdict in favor of FIE
and FGI.
FIE and FGI bring this motion on the grounds that the evidence introduced at trial was
insufficient as a matter of law to establish the elements of Plaintiff's retaliation and termination claims,
10 including but not limited to protected activity and causation; that the retaliation and termination claims
11 fail as a matter of law because Plaintiff could not prove his claims—and FIE and FGI could not defend
12 themselves against those claims—without invading the attomey-client and attorney work product
13 privileges; and that there was no clear and convincing evidence that FIE or FGI engaged in malicious,
14 oppressive, or fraudulent conduct or that either had fair notice as required to support the punitive
15 damages award.
16 This Court will lose jurisdiction to rule on this motion after May 31, 2022, pursuantto Code of
17 Civil Procedure sections 629 and 660 because notice of entry of judgment was served on March 17,
18 2022.
19 The motion is based on this notice; the evidence presented at trial; all pleadings, papers and
20 records in this action; the minutes of the Court; the memorandum of points and authorities and
21 supporting declarations submitted in support of this motion filed concurrently herewith; and such
22 further argument and documentary evidence as may be presented to the Court at the time of the hearing.
23 DATED: March 18, 2022 Respectfully submitted,
24 GIBSON, DUNN & CRUTCHER LLP
25
26 By: /s/ Julian W. Poon
Julian W. Poon
27
Attomeys for Defendants FARMERS INSURANCE
28 EXCHANGE and FARMERS GROUP, INC.
Gibson, Dunn &
Crutcher LLP 2
DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT
PROOF OF SERVICE
I, Kendall Wright, declare as follows:
I am employed in the County of San Francisco, State of California, I am over the age of
eighteen years and am not a party to this action; my business address is 555 Mission Street, Suite
3000, San Francisco, Califomia 94105-0921, in said County and State. On March 18, 2022, I served
the following document(s):
DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR JUDGMENT
THE VERDICT
on the parties stated below, by the following means of service:
Camey R. Shegerian Attomeys for Plaintiff
Anthony Nguyen Telephone: 310.860.0770
Leo Livshits Facsimile: 310.860.0771
Isabel Sandoval CShegerian@ Shegerianlaw.com
10 SHEGERIAN & ASSOCIATES, INC. ANguyen@ Shegerianlaw.com
225 Santa Monica Blvd., Suite 700 llivshits@ Shegerianlaw.com
11 Santa Monica, CA 90401 calendarclerk@ Shegerianlaw.com
12 Lynne C. Hermle Attorneys for Defendants
Joseph C. Liburt Telephone: 650.614.7400
13 ORRICK, HERRINGTON & SUTCLIFFE LLP Facsimile: 650.614.7401
1000 Marsh Road lchermle@ orrick.com
14 Palo Alto, CA 94025-1015 jliburt@ orrick.com
15
16 @ BY ELECTRONIC SERVICE THROUGH ANEFSP: On the above-mentioned date, I caused the documents
to be sent to a court-approved Electronic Filing Service Provider (“EFSP”), for electronic service and filing.
17 Electronic service will be accomplished by the EFSP’s case-filing system at the electronic notification addresses
as shown above.
18
a (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
20
Executed on March 18, 2022.
21
22 By: /s/ Kendall Wright
Kendall Wright
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP 3
DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT
Preview
Electronically FLED by Superior Court of California, County of Los Angeles on 03/18/2022 05:34 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Soto,Deputy Clerk 1 THEODOREJ. BOUTROUS, JR., SBN 132099 LY NNE C. HERMLE, SBN 99779 tboutrous@ gibsondunn.com Ichermle@ orrick.com 2 JULIAN W. POON, SBN 219843 JOSEPH C. LIBURT, SBN 155507 jpoon@ gibsondunn.com jliburt@ orrick.com 3 JEREMY . SMITH, SBN 283812 ORRICK, HERRINGTON & SUTCLIFFE LLP jssmith@ gibsondunn.com 1000 Marsh Road PATRICK J. FUSTER, SBN 326789 Menlo Park, CA_94025-1015 pfuster@ gibsondunn.com Telephone: 650.614.7400 MATTHEW N. BALL, SBN 327028 Facsimile: 650.614.7401 munball@ gibsondunn.com YAN ZHAO, SBN 341608 zhao@ gibsondunn.com GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue Los Angeles, CA 90071-3197 Telephone: 213.229.7000 Facsimile: 213.229.7520 10 Attomeys for Defendants FARMERS INSURANCE EXCHANGE AND FARMERS GROUP, INC. 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF LOS ANGELES 14 CENTRAL DISTRICT 15 ANDREW RUDNICKI, CASE NO. BC630158 16 Plaintiff, DEFENDANTS’ NOTICE OF MOTIONAND MOTION FOR JUDGMENT 17 Vv. NOTWITHSTANDING THE VERDICT 18 FARMERS INSURANCE EXCHANGE, [Notice of Intention to Move for New Trial and FARMERS INSURANCE GROUP, ZURICH Motion for New Trial; Memorandum of Points 19 INSURANCE, ZURICH, ZURICH NORTH and Authorities in Support; Declaration of Julian AMERICA, FARMERS GROUP, INC., W. Poon; [Proposed] Orders; and [Proposed] 20 ZURICH INSURANCE COMPANY, TRUCK Judgment filed concurrently] INSURANCE EXCHANGE, FIRE 21 INSURANCE EXCHANGE, and DOES 1 to ASSIGNED FOR ALL PURPOSES TO: 100, inclusive, HON. RUTH ANN KWAN 22 Defendants. HEARING: 23 Date: May 13, 2022 Time: 9:00 a.m. 24 Dept: Dept. 89 25 Action Filed: August 10, 2016 Trial Date: November 15, 2021 26 Jurisdictional Deadline to Rule: May 31, 2022 27 28 Gibson, Dunn & Crutcher LLP DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT TO ALL PARTIES AND THEIR ATTORNEY S OF RECORD: PLEASE TAKE NOTICE that on May 13, 2022, at 9:00 a.m., oras soon thereafter as this matter may be heard, in Department 89 of the Los Angeles Superior Court, Central District, Defendants Farmers Insurance Exchange (“FIE”) and Farmers Group, Inc. (“FGI”) will move the Court pursuant to Code of Civil Procedure section 629 to set aside the judgment entered on March 17, 2022, on the jury’s special verdicts in this action, and to enter judgment notwithstanding the verdict in favor of FIE and FGI. FIE and FGI bring this motion on the grounds that the evidence introduced at trial was insufficient as a matter of law to establish the elements of Plaintiff's retaliation and termination claims, 10 including but not limited to protected activity and causation; that the retaliation and termination claims 11 fail as a matter of law because Plaintiff could not prove his claims—and FIE and FGI could not defend 12 themselves against those claims—without invading the attomey-client and attorney work product 13 privileges; and that there was no clear and convincing evidence that FIE or FGI engaged in malicious, 14 oppressive, or fraudulent conduct or that either had fair notice as required to support the punitive 15 damages award. 16 This Court will lose jurisdiction to rule on this motion after May 31, 2022, pursuantto Code of 17 Civil Procedure sections 629 and 660 because notice of entry of judgment was served on March 17, 18 2022. 19 The motion is based on this notice; the evidence presented at trial; all pleadings, papers and 20 records in this action; the minutes of the Court; the memorandum of points and authorities and 21 supporting declarations submitted in support of this motion filed concurrently herewith; and such 22 further argument and documentary evidence as may be presented to the Court at the time of the hearing. 23 DATED: March 18, 2022 Respectfully submitted, 24 GIBSON, DUNN & CRUTCHER LLP 25 26 By: /s/ Julian W. Poon Julian W. Poon 27 Attomeys for Defendants FARMERS INSURANCE 28 EXCHANGE and FARMERS GROUP, INC. Gibson, Dunn & Crutcher LLP 2 DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT PROOF OF SERVICE I, Kendall Wright, declare as follows: I am employed in the County of San Francisco, State of California, I am over the age of eighteen years and am not a party to this action; my business address is 555 Mission Street, Suite 3000, San Francisco, Califomia 94105-0921, in said County and State. On March 18, 2022, I served the following document(s): DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR JUDGMENT THE VERDICT on the parties stated below, by the following means of service: Camey R. Shegerian Attomeys for Plaintiff Anthony Nguyen Telephone: 310.860.0770 Leo Livshits Facsimile: 310.860.0771 Isabel Sandoval CShegerian@ Shegerianlaw.com 10 SHEGERIAN & ASSOCIATES, INC. ANguyen@ Shegerianlaw.com 225 Santa Monica Blvd., Suite 700 llivshits@ Shegerianlaw.com 11 Santa Monica, CA 90401 calendarclerk@ Shegerianlaw.com 12 Lynne C. Hermle Attorneys for Defendants Joseph C. Liburt Telephone: 650.614.7400 13 ORRICK, HERRINGTON & SUTCLIFFE LLP Facsimile: 650.614.7401 1000 Marsh Road lchermle@ orrick.com 14 Palo Alto, CA 94025-1015 jliburt@ orrick.com 15 16 @ BY ELECTRONIC SERVICE THROUGH ANEFSP: On the above-mentioned date, I caused the documents to be sent to a court-approved Electronic Filing Service Provider (“EFSP”), for electronic service and filing. 17 Electronic service will be accomplished by the EFSP’s case-filing system at the electronic notification addresses as shown above. 18 a (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 20 Executed on March 18, 2022. 21 22 By: /s/ Kendall Wright Kendall Wright 23 24 25 26 27 28 Gibson, Dunn & Crutcher LLP 3 DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT