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:
On December 11, 2017, the Court granted defendant Adam Shacknai's motion to exclude any testimony by Dr. Wecht on the grounds that he was not properly designated as a retained expert. ROA # 740. Plaintiffs now seek leave to designate Dr. Wecht as a retained expert. Discussion The Court may allow a party who has timely exchanged expert witness information to augment that party's expert witness list by adding the name of a subsequently retained expert witness. Code Civ. Proc., § 2034.610, subd. (a). 1.
Jan 24, 2018
Personal Injury/ Tort
other
San Diego County, CA
On December 11, 2017, the Court granted defendant Adam Shacknai's motion to exclude any testimony by Dr. Wecht on the grounds that he was not properly designated as a retained expert. ROA # 740. Plaintiffs now seek leave to designate Dr. Wecht as a retained expert. Discussion The Court may allow a party who has timely exchanged expert witness information to augment that party's expert witness list by adding the name of a subsequently retained expert witness. Code Civ. Proc., § 2034.610, subd. (a). 1.
Jan 24, 2018
Personal Injury/ Tort
other
San Diego County, CA
On December 11, 2017, the Court granted defendant Adam Shacknai's motion to exclude any testimony by Dr. Wecht on the grounds that he was not properly designated as a retained expert. ROA # 740. Plaintiffs now seek leave to designate Dr. Wecht as a retained expert. Discussion The Court may allow a party who has timely exchanged expert witness information to augment that party's expert witness list by adding the name of a subsequently retained expert witness. Code Civ. Proc., § 2034.610, subd. (a). 1.
Jan 24, 2018
Personal Injury/ Tort
other
San Diego County, CA
On December 11, 2017, the Court granted defendant Adam Shacknai's motion to exclude any testimony by Dr. Wecht on the grounds that he was not properly designated as a retained expert. ROA # 740. Plaintiffs now seek leave to designate Dr. Wecht as a retained expert. Discussion The Court may allow a party who has timely exchanged expert witness information to augment that party's expert witness list by adding the name of a subsequently retained expert witness. Code Civ. Proc., § 2034.610, subd. (a). 1.
Jan 24, 2018
Personal Injury/ Tort
other
San Diego County, CA
On December 11, 2017, the Court granted defendant Adam Shacknai's motion to exclude any testimony by Dr. Wecht on the grounds that he was not properly designated as a retained expert. ROA # 740. Plaintiffs now seek leave to designate Dr. Wecht as a retained expert. Discussion The Court may allow a party who has timely exchanged expert witness information to augment that party's expert witness list by adding the name of a subsequently retained expert witness. Code Civ. Proc., § 2034.610, subd. (a). 1.
Jan 24, 2018
Personal Injury/ Tort
other
San Diego County, CA
On December 11, 2017, the Court granted defendant Adam Shacknai's motion to exclude any testimony by Dr. Wecht on the grounds that he was not properly designated as a retained expert. ROA # 740. Plaintiffs now seek leave to designate Dr. Wecht as a retained expert. Discussion The Court may allow a party who has timely exchanged expert witness information to augment that party's expert witness list by adding the name of a subsequently retained expert witness. Code Civ. Proc., § 2034.610, subd. (a). 1.
Jan 24, 2018
Personal Injury/ Tort
other
San Diego County, CA
Therefore the motion to exclude is granted as to evidence of Greyhound's 2009 busses. This minute order, if adopted at the hearing, is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.
Jan 22, 2018
Personal Injury/ Tort
Auto
Sacramento County, CA
Therefore the motion to exclude is granted as to evidence of Greyhound's 2009 busses. This minute order, if adopted at the hearing, is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.
Jan 22, 2018
Personal Injury/ Tort
Auto
Sacramento County, CA
Therefore the motion to exclude is granted as to evidence of Greyhound's 2009 busses. This minute order, if adopted at the hearing, is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.
Jan 22, 2018
Personal Injury/ Tort
Auto
Sacramento County, CA
Prior to the evidence, the ALJ granted the Board’s motion to exclude two of Drain Rite’s witnesses, including Drain Rite employee Brandon Young (“Young”). AR 45-46, 48. The ALJ did so based on the untimely efforts of Drain Rite’s counsel in filing his witness and exhibit lists. AR 38, 1463. The attorney had filed an amended witness list on July 18, 2016, one week prior to trial, and failed to respond to the Board’s motion in limine. Id.
Jan 02, 2018
Los Angeles County, CA
Motion to Disqualify Expert Alan Wallace (Pending) Plaintiff Karin Eberhard’s motion to exclude defense expert Alan Wallace is DENIED. Plaintiff’s counsel, Mr. Koenig, has demonstrated that (1) it reasonably expected confidentiality in his conversation with Mr. Wallace and (2) confidential information materially relevant to this litigation was in fact disclosed. (Koenig Decl. at ¶¶ 4, and 6 - 9; see Western Digital Corp. v. Superior Court (1998) 60 Cal.App.4th 1471, 1481-1482; Shadow Traffic Network v.
Dec 14, 2017
Orange County, CA
Motion to Disqualify Expert Alan Wallace Plaintiff Karin Eberhard’s motion to exclude defense expert Alan Wallace is DENIED. Plaintiff’s counsel, Mr. Koenig, has demonstrated that (1) it reasonably expected confidentiality in his conversation with Mr. Wallace and (2) confidential information materially relevant to this litigation was in fact disclosed. (Koenig Decl. at ¶¶ 4, and 6 - 9; see Western Digital Corp. v. Superior Court (1998) 60 Cal.App.4th 1471, 1481-1482; Shadow Traffic Network v.
Dec 14, 2017
Orange County, CA
“A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence unless: (a) there appears of record an objection to or a motion to exclude or strike the evidence that was timely made and so stated as to make clear the specific ground of the objection or motion; and (b) The court which passes upon the effect of the error or errors is of the opinion that the admitted evidence should have been excluded on the ground stated
Dec 12, 2017
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Defendant Adam Shacknai's motion to exclude expert testimony, is granted in part. The requests to exclude the testimony of Dr. Cyril Wecht and to preclude Lisa DiMeo from offering testimony based on information obtained after her deposition are granted. In all other respects the motion is denied.
Dec 07, 2017
Personal Injury/ Tort
other
San Diego County, CA
Defendant Adam Shacknai's motion to exclude expert testimony, is granted in part. The requests to exclude the testimony of Dr. Cyril Wecht and to preclude Lisa DiMeo from offering testimony based on information obtained after her deposition are granted. In all other respects the motion is denied.
Dec 07, 2017
Personal Injury/ Tort
other
San Diego County, CA
Defendant Adam Shacknai's motion to exclude expert testimony, is granted in part. The requests to exclude the testimony of Dr. Cyril Wecht and to preclude Lisa DiMeo from offering testimony based on information obtained after her deposition are granted. In all other respects the motion is denied.
Dec 07, 2017
Personal Injury/ Tort
other
San Diego County, CA
Nature of Proceedings: 2 Motions to Compel and Motion to Exclude The court continues the three motions scheduled for November 28, 2017 (two motions to compel independent medical examinations and a motion to exclude noneconomic damages) to December 12, 2017, at 8:30 a.m., in Department 2, when a motion to compel deposition answers is scheduled to be heard. The court is aware that trial is scheduled for January 16, 2017.
Nov 28, 2017
Santa Barbara County, CA
Deutsche Bank (2015) 236 Cal.App.4th 394, 409) The motion to exclude emotional distress damages is denied. Motion no. 6 to exclude evidence, documents, and witnesses not disclosed in discovery is denied. The party seeking to exclude specific evidence will have the burden of showing that it was not produced and specially demanded in discovery. Motion no. 7 to bifurcate the punitive damages claim is granted.
Nov 27, 2017
San Luis Obispo County, CA
Defendant contends (1) there was no evidence that defendant made any false promises, (2) the verdict form was rushed, and (3) the Court erred in denying defendant's motion to exclude plaintiff's expert CPA, Jeff Porter. A motion for new trial based on an irregularity in the proceedings must be supported by affidavits or declarations. Code Civ. Proc., § 658. Defendant did not file any supporting declarations. Thus, defendant has not demonstrated an irregularity in the proceedings.
Oct 26, 2017
Real Property
other
San Diego County, CA
Plaintiff's Motion to Exclude Administrative Duties: Denied. Not unduly prejudicial. Provides context and explanation of the custom and habit between Plaintiff and her employer. Plaintiff's Motion to Exclude Irrelevant and Unduly Prejudicial Evidence: The NSF check was written in November, 2011. While it goes to her credibility, almost 6 years have gone by. The court weighs probative and prejudicial facts and exercises its discretion and excludes evidence of the bad check.
Oct 13, 2017
Los Angeles County, CA
.: BC602678 [TENTATIVE] ORDER RE: DEFENDANT SABURO AMERICANA dba MIFUNE’S MOTION TO EXCLUDE, STRIKE, AND/OR SUPRESS THE FIRST DEPOSITION OF NONPARTY WITNESS MARISELA RAMIREZ HERNANDEZ Dept. 98 1:30 p.m. September 8, 2017 On December 1, 2015, Plaintiff Gloria Martinez filed this action against Defendants Saburo America dba Mifune (“Mifune”) and its employee, Juan Carlos Carbajal Ceballos (“Ceballos”), for alleged injuries arising out of an August 19, 2017 vehicle collision.
Sep 08, 2017
Personal Injury/ Tort
Auto
Los Angeles County, CA
HEARING ON MOTION TO/FOR ORDER EXCLUDING EVIDENCE FILED BY MICHAEL GIAMBONA * TENTATIVE RULING: * The motion is unopposed and the motion to exclude evidence is, therefore granted. However the request for monetary sanctions is denied.
Aug 24, 2017
Contra Costa County, CA
Respondent’s motion to exclude testimony was granted. (Petitioner’s Exh. 7, p. 7.) Hernandez’s testimony, if admitted, would reflect the following: LADWP produced three documents demonstrating the standard traffic light sequences at the relevant intersection as of the day in question. Hernandez did not create these particular documents, but his job with LADWP required that he create other documents of the same nature.
Aug 24, 2017
Elaine Lu or Georgina Torres Rizk
Los Angeles County, CA
Respondent’s motion to exclude testimony was granted. (Petitioner’s Exh. 7, p. 7.) Hernandez’s testimony, if admitted, would reflect the following: LADWP produced three documents demonstrating the standard traffic light sequences at the relevant intersection as of the day in question. Hernandez did not create these particular documents, but his job with LADWP required that he create other documents of the same nature.
Aug 24, 2017
Elaine Lu or Georgina Torres Rizk
Los Angeles County, CA
A motion to exclude evidence at trial is a trial issue and is most appropriately resolved by the trial judge in connection with the trial. Therefore, the court, on its own motion, continues the hearing of this motion to the time, date and place for trial: September 5, 2017, at 1:30 p.m., in Department 40. No notice of intent to appear is required.
Aug 14, 2017
Ventura County, CA
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