There have been court rulings specifying when a motion "to exclude" is at issue. e.g.,
In Easterby v. Clark (2009) 171 Cal.App.4th 772, the Second District Court of Appeal discussed the issue of when exclusion is appropriate under the reasoning of Jones v. Moore (2000) 80 Cal.App.4th 557; Kennemur v. State of California (1982) 133 Cal.App.3d 907 and Bonds v. Roy (1999) 20 Cal.4th 140. A party’s expert may not offer testimony at trial that exceeds the scope of his deposition testimony if the opposing party has no notice or expectation that the expert will offer the new testimony, or if notice of the new testimony comes at a time when deposing the expert is unreasonably difficult. Id. at 781.
Exclusion of evidence at trial for discovery violations is a drastic sanction. It requires evidence of willful abuse of the discovery process and substantial prejudice. See Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315, 1327.
The evidence is admissible to impeach the testimony of a witness who testifies that the condition was not dangerous. Love v. Wolf (1967) 249 Cal.App.2d 822, 831.
The motion to exclude is applicable to many kinds of evidence. For example, motions to exclude:
witnesses; Evidence Code, §§ 350, 352, 702
police report and opinions of investigating officer; Vehicle Code, § 20013; Evidence Code, § 805
expert opinions not offered at deposition; Kennemur v. Jones (1982) 133 Cal.App.3d 907; Jones v. Moore (2000) 80 Cal.App.4th 557, 565.
evidence of expert’s testing of tile; Pullin v. Super. Ct. (2000) 81 Cal.App.4th 1161, 1165
irrelevant evidence; Evidence Code, §§ 350, 352
prior alcohol/drug use; Evidence Code, § 787
testimony regarding amount of reasonable medical charges; Code of Civ. Proc., § 2034.300
Plaintiffs' Motions in Limine
1. Motion to preclude defendants from raising prejudicial subjects during voir dire
The motion is granted. It is not opposed.
2. Motion to preclude evidence regarding selection or retention of counsel
The motion is granted. It is not opposed.
3. Motion to preclude evidence of plaintiff Patricia Yasui's smoking history
The motion is denied without prejudice.
Pla...
..e first purpose because the tortfeasor takes his victim as he finds her.
Plaintiffs also argue that the smoking history is inadmissible for purposes of evaluation of life expectancy because no medical expert has been disclosed on this subject and introduction of the evidence for this purpose will cause the jury to speculate. Plaintiffs argue that defendant's only retained medical expert is Dr. Yo...
The following tentative rulings are based on the papers and current pleadings presented for the Court's review by Plaintiff and Defendant in the above entitled matter.
The Court reserves the right to change its rulings after oral argument, reserve or modify any ruling after any indicated 402 hearings and/or the time of trial, and/or to require additional briefing from the parties as the trial pro...
..l are ordered to advise their witnesses regarding the relevant court rulings. A witness's failure to follow the Court's orders will be followed by an immediate inquiry into whether counsel adequately advised the witness of the limitations regarding his or her testimony. The Court will sanction counsel for failure to follow Court orders.
In addition to the tentative rulings given below, the Court...
Motions in Limine – Tentative Rulings
Plaintiff's Motions in Limine
Motion to Exclude Misleading Evidence
Relying of Evidence Code section 352, plaintiff seeks to exclude "mention and any reference at trial that no one else was injured on defendants' property prior to Ms. Gomez injury or that Ms. Gomez or the other tenants in her apartment failed to complain about prior problems with the stair...
..e testing were sufficiently similar to the conditions in plaintiff's apartment to be relevant.
Defendants Motions in Limine
1. Motion to Exclude Prior Felony Conviction of Steven Henderson for DUI
The motion is granted.
Defendant seeks to exclude a DUI from the 1990s. In response plaintiff contends that the witness had 5 felony convictions including a 1991 conviction for transportation and...
Roberts v. Downtown Plaza, LLC – Case No. 34-2009-00035722 – Motions in Limine – Tentative Rulings
The following is a copy of the tentative ruling that will be distributed at the first day of trial on February 14, 2011. Because this hearing involves a pretrial motion, this preliminary ruling does not excuse the parties from their obligations to appear and will not become final simply because a he...
..violate a ruling before the court has made an explicit order changing any of the rulings below.
Plaintiff's Motions in Limine
1. Motion to exclude reference to tax information
The motion is granted. It is unopposed.
2. Motion to exclude reference to potentially prejudicial issues during voir dire
The motion is granted. It is unopposed.
3. Motion to exclude reference to settlement discussions...
NOTICE:
The following are the Court's tentative rulings with respect to the motions filed in connection with the case below.
Department 16
Superior Court of California
720 Ninth Street, 3rd Floor
Kevin R. Culhane, Judge
Sharon Brown, Clerk
Macklin v. Americrete – Case No. 34-2008-00022710 – Motions in Limine – Tentative Rulings.
Plaintiff's Motions in Limine
1. Motion to exclude witn...
..eeks to preclude the experts testifying beyond the scope of the expert witness disclosure.
Defendant does not oppose the motion on the first two grounds. The motion is granted for that reason.
Defendant opposes the motion on the third ground because plaintiff's questions of the expert witnesses at deposition exceeded the scope of the designation. Defendant argues it would not be unfairly prejudi...
Plaintiff's Motions in Limine
1. Motion to exclude new opinion testimony of experts
The motion is granted. It is not opposed.
2. Motion to exclude evidence of lack of helmet
The motion is provisionally granted.
Plaintiff seeks to exclude evidence that he was not wearing a bicycle helmet at the time of the accident.
Plaintiff contends the evidence is not relevant because he had no d...
..fendant also contends that his affirmative defense of contributory negligence is sufficient to encompass the lack of helmet.
Defendant is not persuasive.
A bicyclist has the duty to exercise ordinary care. The fact that he is not wearing a helmet is not relevant to that duty in the first instance. The lack of a helmet is not a factor in the collision itself. If the lack of a helmet is at all rel...
1 Jodi K. Swick No. 228634
John T. Burnite No. 162223
2 McDOWELL HETHERINGTON LLP
1 Kaiser Plaza, Suite 340 ELECTRONICALLY
3 Oakland, CA 94612 F I L E D
Telephone: 510.628.2145 ...
Superior Court of California, County of San Joaquin
MINUTE ORDER
Date: 11/12/2019 01:30 PM Case Number: STK-CV-UNPI-2018-0001766
Nabil Majdub dba Manteca Appliances vs Mariam
Helmandy et al.
Event Type: Jury Trial Department: 11B
Appearances: Presiding Judg...
1 Terrence J. Coleman (State Bar No. 172183)
Ryan H. Opgenorth (State Bar No. 252273)
2 PILLSBURY & COLEMAN, LLP
100 Green Street ELECTRONICALLY
3 San Francisco, California 94111 F I L E D
Telephone: (415) ...
LEWIS BRISBOIS BISGAARD & SMITH LLP
REUBEN B. JACOBSON, SB# 167972
Email: [email protected]
ELIZABETH A. BURNS, SB# 180160
Email: [email protected]
COLIN E. HOWARD, SB# 308924
Email: [email protected]
333 Bush Street, Suite 1100
...
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
DEPT. 624
LINDA ABRAHAM-TANKS, as Successor-
in-Interest to and as Wrongful Death Heir of
LARRY TANKS, Deceased and LARRY
TANKS, JR.; DOMINIQUE TANKS as
Wrongful Death Heirs of LARRY TANKS,
Deceased
Plaintiffs,
vs.
J.T. THORPE & SONS, INC.; COLONIAL
SUGAR REFINING COMPANY et al.;
O’REILLY AUTO ENTERPRISES, LLC
(FKA CSK AUTO, INC.) UNION PACIFIC
RAILROAD COMPANY and DOES 1
through 800, inclusive as req...
LEWIS BRISBOIS BISGAARD & SMITH LLP
REUBEN B. JACOBSON, SB# 167972
Email: [email protected]
ELIZABETH A. BURNS, SB# 180160
Email: [email protected]
COLIN E. HOWARD, SB# 308924
Email: [email protected]
333 Bush Street, Suite 1100
...
JOUNLY Ski
WOV -5
2019
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
DEPT. 624
LINDA ABRAHAM-TANKS, as Successor-
in-Interest to and as Wrongful Death Heir of
LARRY TANKS, Deceased and LARRY
TANKS, JR.; DOMINIQUE TANKS as
Wrongful Death Heirs of LARRY TANKS,
Deceased
Plaintiffs,
vs.
J.T. THORPE & SONS, INC.; COLONIAL
SUGAR REFINING COMPANY et al.;
O’REILLY AUTO ENTERPRISES, LLC
(FKA CSK AUTO, INC.) UNION PACIFIC
RAILROAD COMPANY and DOES 1
...
PAUL R. PERDUE, ESQ. (SBN 067105)
e-mail: [email protected]
Attorney at Law
369 Pine Street, Suite 820
San Francisco, CA 94104
Telephone: (415) 291-0474
Facsimile: (415) 732-0287
=
Attorney for Defendants
ALL ANIMALS PROPERTIES, LP,
1333 NINTH AVENUE, LLC,
ALL ANIMALS EMERGENCY HOSPITAL, INC.,
ROGER KUHN, SHERMAN WONG,
MICHAEL INA, EUGENE LYNCH, JAMES MCINTYRE,
JOSEPH LYNCH and LAWRENCE BENNETT
ELLIS ROSS ANDERSON, ESQ. (SBN: 081156)
e-mail: [email protected]
JAMIE C. CO...
Notice of Appeal
(Misdemeanor)
Instructions
This form is only for appealing in a misdemeanor case. You can get other
forms for appealing in a civil or infraction case at any courthouse or county
law library or online at www.courts.ca.gov/forms.
Before you fill out this form, read Jnformation on Appeal Procedures for
Misdemeanors (form CR-131-INFO) to know your rights and
responsibilities. You can get form CR-131-INFO at any courthouse or
county law library or online at www.courts.ca.gov...
ELLIS ROSS ANDERSON, ESQ. (SBN: 081156)
e-mail: [email protected]
JAMIE C. COUCHE, ESQ. (SBN: 252001)
e-mail: [email protected]
DEBORAH L. GOODMAN, ESQ (SBN: 276259)
e-mail: [email protected]
ANDERSON & POOLE, P.C.
601 California Street, Suite 1300
San Francisco, CA 94108-2818
Telephone: (415) 956-6413
Facsimile: (415) 956-6416
=
Attorneys for Defendants
ALL ANIMALS PROPERTIES, LP;
1333 NINTH AVENUE LLC; and
ALL ANIMALS EMERGENCY HOSPITAL, INC.
o ON DO oO KR WwW DY
SUPERIO...
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LAW OFFICES OF SALVATORE C, TIMPANO
Salvatore C. Timpano, Esq. (SBN 203799)
One Sansome St., #3500
San Francisco, CA 94104
Tel.: (415) 992-5170. Fax: (415) 992-5171
Email: [email protected]
Attorneys for the Plaintiffs,
Katherine Chan, Kendrick Chan, and Nghi Tran
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO-UNLIMITED JURISDICTION
KATHERINE CHAN, an adult individual;
KENDRICK CHAN, an adult individual; and
NGHI TRAN...
Law Offices of
=
oO ON ODO HO RF WwW NY
26
ANDERSON & POOLE
‘A Professional
Corporation
601 California Street
Suite 1300
San Francisco, CA
94108
(415) 956-6413
ELLIS ROSS ANDERSON, ESQ. (SBN: 081156)
e-mail: [email protected]
JAMIE C. COUCHE, ESQ. (SBN: 252001)
e-mail: [email protected]
DEBORAH L. GOODMAN, ESQ (SBN: 276259)
e-mail: [email protected]
ANDERSON & POOLE, P.C.
601 California Street, Suite 1300
San Francisco, CA 94108-2818
Telephone: (415) 956-6413
Facsimi...
UTRECHT & LENVIN, LLP
109 Stevenson Street, 5 Floor
San Francisco, CA 94105
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NANCY C., LENVIN (SBN 45495)
RONALD D. SCHIVO (SBN 139524)
PATRICK J. CONNOLLY (SBN 258094)
ELIZABETH L. HURWITZ (SBN 278846)
UTRECHT & LENVIN, LLP
109 Stevenson Street, 3" Floor
San Francisco, CA 94105
Telephone: (415) 357-0600
Attorneys for Plaintiff
FIVE STARS INVESTMENT LLC
SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED CIVIL...
20
21
22
23
24
25
26
27
28
EDWARD J. RODZEWICH, ESQ. — State Bar No. 159466
HARTSUYKER, STRATMAN & WILLIAMS-ABREGO
Mailing Address
P.O. Box 258829
Oklahoma City, OK 73125-8829
Physical Address
505 14th Street, Suite 400
Oakland, CA 94612-1913
Phone: (510) 457-3440
Fax: (510) 238-8968
Attorney for Defendant,
OCEAN AVENUE REAL ESTATE FUND, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
KATHERINE CHAN, AN ADULT INDIVIDUAL;
KENDRICK CHAN, AN A...
10
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EDWARD J. RODZEWICH, ESQ. — State Bar No. 159466
HARTSUYKER, STRATMAN & WILLIAMS-ABREGO
Mailing Address
P.O, Box 258829
Oklahoma City, OK 73125-8829
Physical Address
505 14th Street, Suite 400
Oakland, CA 94612-1913
Phone: (510) 457-3440
Fax: (510) 238-8968
Attorney for Defendant,
OCEAN AVENUE REAL ESTATE FUND, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
KATHERINE CHAN, AN AD...
ne &
sum
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12
13
16
17
18
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Fax Gto}ue-sicr
Samuel J. Mui, (SBN 89883)
Nicole G. Thal, E BN 314612)
COLLINS COLLIN 'R + STEWART LLt
299 Harrison Street, 700
tand, CA 94612
t 244-5100 — FAX (Slc 5101
Attor or Defendant / Cross- dant
ARCH "URE FOR EDUCA’ 'NC.
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Sp sRIOR COURT Oi ) STATE OF CALL 1A
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co. COUNTY OFFICE « ) CASEN V 34-2017-00221700 2C-GDS
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William S. Kronenberg — 133730 FILED
Jason K, Cheung - 306704
IKRONENBERG LAW PC 2019 OCT 1S AN: O7
(One Kaiser Plaza, Suite 1675
Oakland, CA 94612 ROSA JUNQUEIRO, CLERK
Tel: (510) 254-6767
Cheung direct: (510) 343-7997
Fax: (510) 788-4092
[email protected][email protected]
Attorneys for Defendants,
USA SWIMMING, INC., sued as DOES 1, 4, 46 and 61
SUPERIOR COURT OF THE STATE OF CALIFORNIA.
COUNTY OF SAN...
Superior Court of California, County of San Joaquin
MINUTE ORDER
Date: 10/15/2019 09:30 AM Case Number: STK-CV-UBT-2019-0007128
Ernest James Bezley vs Joy Lynette Workman,
Successor Trustee of the Jennings Revocable Trust
dated March 12, 2007
Event Type: Court Trial ...
o
eC won HH FW ND
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25
26
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William $, Kronenberg — 133730
Jason K. Cheung - 306704
IKRONENBERG LAW PC
One Kaiser Plaza, Suite 1675
Oakland, CA 94612
Tel: (510) 254-6767
Cheung direct: (510) 343-7997
Fax: (510) 788-4092
[email protected][email protected]
Attorneys for Defendants,
USA SWIMMING, INC., sued as DOES 1, 4, 46 and 61
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN
JANE DOE, a minor, by and through her ...
