There have been court rulings specifying when a motion "to exclude" is at issue. e.g.,
The motion to exclude is applicable to many kinds of evidence. For example, motions to exclude:
Motion to Exclude At this time, Plaintiffs move to exclude Bruggman’s deposition testimony from being used as evidence in this case.
Jun 04, 2018
Personal Injury/ Tort
Auto
Los Angeles County, CA
Plaintiff’s Motion to Exclude Defendant’s Retained Experts, or in the alternative, to Compel Said Expert’s Depositions, filed on 4/9/18, is DENIED. The court has discretion to exclude any party’s expert witness if that party has unreasonably failed to make that expert available for deposition. Code Civ. Proc., § 2034.300. Plaintiff has not shown grounds for excluding Defendant’s experts. On 4/10/18, the court DENIED Plaintiff’s ex parte application to exclude Defendant’s experts.
May 25, 2018
Personal Injury/ Tort
Auto
Los Angeles County, CA
Plaintiff, in opposition to the motion, provides evidence that he made a motion to exclude any evidence concerning the two other providers’ care and treatment, on the ground that Defendant’s designated expert, in deposition, affirmatively indicated he believed one of the two complied with the standard of care, and indicated he lacked an opinion concerning whether the other complied with the standard of care.
May 17, 2018
Los Angeles County, CA
Defendant may re-file the motion, if appropriate, after service of the bill of particulars is made to the correct full address, and also file a proof of service for the motion to exclude evidence with Plaintiff's counsel's correct address.
May 10, 2018
Collections
Collections
Los Angeles County, CA
Kolodziej explains that the motion to exclude student statements also was, inter alia, intended to highlight to the ALJ that LAUSD’s case was supported primarily by hearsay. Kolodziej Supp. Decl. ¶7. The ALJ denied the motion, but did not conclude that it was frivolous. Kolodziej Supp. Decl. ¶7.
May 08, 2018
Administrative
Writ
Los Angeles County, CA
Respondent’s motion to exclude witnesses was granted in part and denied in part on October 21, 2016 to be considered again by the administrative hearing officer. The administrative hearing on Petitioner’s termination was held over four days on October 24 through 27, 2017 before an administrative law judge (“ALJ”). The motion to exclude was taken up again and the hearing officer excluded three of Petitioner’s inmate witnesses as cumulative.
Apr 30, 2018
Tulare County, CA
And Shell has done nothing in its motion to exclude considerations of general jurisdiction. Thus, the Court declines to reconsider the Eaves 1 motion. Of course, no such motion was ever made in Eaves 2. Thus, there is nothing to reconsider in that case.
Apr 26, 2018
Contra Costa County, CA
The plaintiff therein failed to serve a timely expert designation, and the trial court granted the defendant’s motion to exclude the expert’s testimony. The court of appeals affirmed, but noted that the trial court could not rely on the mandatory exclusion provision, and must instead rely on its discretion.
Apr 12, 2018
Los Angeles County, CA
Memorandum of costs items 1(c), 1(d), 1(e), and 1(f) all relate to Carey’s September 6, 2017, motion to exclude expert opinions of Objectors’ expert witness Kevin Hess. That motion also sought an award of monetary sanctions including filing fees. The court initially awarded sanctions in the amount of $1,000.00 in connection with that motion, which was less than requested in that motion. (Minute Order, filed Sept. 14, 2017.)
Apr 05, 2018
Santa Barbara County, CA
Conclusion and Order Plaintiff’s motion to exclude the testimony of retained experts Dr. Rosenberg and Mr. Balaban testimony based on the untimely designation, served on March 1, 2018, is granted. Plaintiff is ordered to give notice of this order. DATED: April 5, 2018 ___________________________ Elaine Lu Judge of the Superior Court
Apr 05, 2018
Los Angeles County, CA
Elizabeth Howlett, is inadmissible; however, as stated within the concurrent ruling, Defendants' Motion to exclude Dr. Howlett's testimony and opinions has been DENIED; therefore, at this time, Dr. Howlett's testimony and opinions are generally admissible. Regarding the claim for restitution, Business & Professions Code section 17203 is confined to restoration of any interest in "money or property, real or personal, which may have been acquired by means of such unfair competition."
Mar 26, 2018
Business
Intellectual Property
San Diego County, CA
Elizabeth Howlett, is inadmissible; however, as stated within the concurrent ruling, Defendants' Motion to exclude Dr. Howlett's testimony and opinions has been DENIED; therefore, at this time, Dr. Howlett's testimony and opinions are generally admissible. Regarding the claim for restitution, Business & Professions Code section 17203 is confined to restoration of any interest in "money or property, real or personal, which may have been acquired by means of such unfair competition."
Mar 26, 2018
Business
Intellectual Property
San Diego County, CA
Elizabeth Howlett, is inadmissible; however, as stated within the concurrent ruling, Defendants' Motion to exclude Dr. Howlett's testimony and opinions has been DENIED; therefore, at this time, Dr. Howlett's testimony and opinions are generally admissible. Regarding the claim for restitution, Business & Professions Code section 17203 is confined to restoration of any interest in "money or property, real or personal, which may have been acquired by means of such unfair competition."
Mar 26, 2018
Business
Intellectual Property
San Diego County, CA
Based on the court’s 2-27-18 Minute Order, Defendant’s-Belkin International, Inc.’s Motion to Exclude Testimony of Fire Investigator Dan Bonelli Based on Spoliation of Evidence (filed on 1-24-18) set on 3-13-18 off calendar.
Mar 13, 2018
Orange County, CA
Accordingly, the Court will deny plaintiff’s motion to exclude the photographs, the estimates of property damage, and the cost of repairs because they are relevant to issue causation of plaintiff’s claimed injuries.
Mar 06, 2018
Personal Injury/ Tort
Auto
Los Angeles County, CA
Williamson is impeding efforts to obtain Plaintiff's own honest testimony based on her personal recollection, or otherwise interfering with or hindering the examination, then Defendants may renew their motion to exclude Mr. Williamson from the deposition. The Court finds that there is substantial justification for Defendants' positions and therefore the Plaintiff's request for discovery sanctions is denied.
Mar 01, 2018
Roger Mead
San Francisco County, CA
Therefore, the motion to exclude Ian Foster is granted. CASE MANAGEMENT ORDER The following trial and pretrial dates are set and Case Management Orders are made in this matter (note that if any date in the body of the order conflicts with dates in the table immediately below, the dates in the table control): Note 1 Select Mediator 7/20/2018 Note 1 Complete Mediation 10/17/2018 Note 1 Post-Mediation Hearing / Further Case Management Conference per CRC 3.723 10/18/2018 8:30 a.m.
Feb 27, 2018
Los Angeles County, CA
(filed on 1-12-18) set on 2-27-18 off calendar; (4) The court takes Defendant’s—Belkin Internation, Inc.’s Motion to Exclude Testimony of Fire Investigator Dan Bonelli Based on Spoliation of Evidence (filed on 1-24-18) set on 2-13-18 off calendar; (5) The court vacates the 3-16-18 Mandatory Settlement Conference; and (6) The court vacates the 4-6-18 Jury Trial.
Feb 27, 2018
Orange County, CA
Memorandum of costs items 1(c), 1(d), 1(e), and 1(f) all relate to the September 6, 2017, Carey’s motion to exclude expert opinions of Objectors’ expert witness Kevin Hess. That motion also sought an award of monetary sanctions including filing fees. The court awarded sanctions in connection with that motion, albeit less than requested in that motion. (Minute Order, filed Sept. 14, 2017.)
Feb 22, 2018
Santa Barbara County, CA
Defendant’s Motion to Exclude Plaintiffs’ Expert advanced to 2/7/18.
Feb 08, 2018
Orange County, CA
The Motion to exclude the expert, Paul Karpf, Plaintiff Aida Belisario designated in June 2016, is DENIED. The Motion to exclude the expert, Michael Carrigan, Plaintiff SALVADOR L. BELISARIO II more recently designated, is GRANTED. Defendants' objections (ROA # 294) to Plaintiff's designation of Karpf are OVERRULED, and the objections to Carrigan are SUSTAINED.
Feb 05, 2018
Other
Intellectual Property
San Diego County, CA
Plaintiffs/Cross-Defendants Motion to Exclude Myzsa Willis from testifying as to Events Related to Contract Formation and for an Order Compelling an Independent Medical Examination and for Sanctions in the amount of $6300 is DENIED.
Feb 01, 2018
Contract
Breach
San Diego County, CA
Plaintiffs/Cross-Defendants Motion to Exclude Myzsa Willis from testifying as to Events Related to Contract Formation and for an Order Compelling an Independent Medical Examination and for Sanctions in the amount of $6300 is DENIED.
Feb 01, 2018
Contract
Breach
San Diego County, CA
Plaintiffs/Cross-Defendants Motion to Exclude Myzsa Willis from testifying as to Events Related to Contract Formation and for an Order Compelling an Independent Medical Examination and for Sanctions in the amount of $6300 is DENIED.
Feb 01, 2018
Contract
Breach
San Diego County, CA
Given the March 27, 2018 trial date and plaintiff’s representation that the two depositions are to be held on January 24 and February 1, 2018, the motion to exclude or compel plaintiff’s expert is moot and defendants have suffered no actual prejudice. To the extent defendants seek to recover their court reporter cancellation fee charges, defendants do not refute plaintiff’s contention that defendants unreasonably delayed giving notice to the court reporter and otherwise could have avoided the charge.
Jan 30, 2018
Los Angeles County, CA
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