Motion,Ex Parte: Rodney Abbott, et al vs. Ronald Paul Britschgi, et al

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                                1 Richard W. Freeman, Jr (State Bar No 50533)
                        Scott S. Brooks (State Bar No. 267320)
                      2 WOOD, SMITH, HENNING & BERMAN LLP                                            DEC - 7 2010
                        1401 Willow Pass Road, Suite 700
                      3 Concord, California 94520-7982
                        Phone 925 356 8200 • Fax: 925 356 8250
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                        Attorneys for Defendant, R4C0RP, a California Corporation
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                      8                        SUPERIOR COURT OF THE STATE OF CALIFORNIA
                      9                     COUNTY OF SACRAMENTO - UNLIMITED JURISDICTION
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                     11 FLORENTINE AND RODNEY ABBOTT,                       CASE NO. 07AS04450
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                     12                    Plaintiffs,                      MOTION IN LIMINE OF DEFENDANT
       IgS                                                                  R4C0RP EXCLUDING EVIDENCE
           5'        13           V.                                        AGAINST R4CORP REGARDING
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S 15 D: o: o                                                                MEMORANDUM OF POINTS AND
    1 t1o !o o       14 R4C0RP, a California Corporation, et al..
Z   ffl"                                                                    AUTHORITIES; [PROPOSED] ORDER
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                                           Defendant.
                                                                            TrialDate: January 17, 2011
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Q ? 81                    AND RELATED CROSS-ACTIONS
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i                    18           TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
                     19           PLEASE TAKE NOTICE that Defendant R4C0RP (hereinafter "R4C0RP") hereby
                     20 respectfully requests an order excluding any and all evidence that R4C0RP directly
                     21 caused or contributed to any alleged construction defects at the subject homes.
                     22           This motion is made on the grounds that admission of evidence of against
                     23 R4C0RP regarding construction defects would be irrelevant to Plaintiffs' claims herein
                     24 and create a substantial danger of undue prejudice to R4C0RP. R4C0RP hereby
                     25 moves this Court for an Order precluding the introduction of evidence of against
                     26 R4CORP regarding construction defects.
                     27           Defendant further moves this Court to instruct all parties and their counsel:
                     28           1.       Not to mention, refer to, or attempt to convey to the jury in any manner,
                          LEGAL 05936-0065/1524229 1                     _-j.
                                MOTION IN LIMINE OF DEFENDANT R4C0RP EXCLUDING EVIDENCE AGAINST R4C0RP
                                                     REGARDING CONSTRUCTION DEFECTS
                1 either directly or indirectly, any ofthe facts or issues contained in this motion without first
                2 obtaining permission ofthis court outside the presence and hearing ofthe jury;
                3            2        Not to make any reference to the fact that this motion has been filed, and
                4            3.       To warn and caution each and every one of the witnesses to strictly follow
                5 the same instruction.
                6            This Motion is based upon the attached Memorandum of Points and Authorities, all
                7 papers, pleadings and documents contained in the Court file and upon such other and
                8 further oral and documentary evidence as may be presented at the hearing ofthis matter.
                9 DATED: December ~^. 2010                    WOOD, SMITH, HENNING & BERMAN LLP
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                11                                            By:
                                                                       RICHARD W. FREEMAN, JR.
                12                                                     SCOTT S. BROOKS
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                                                              Attorneys for Defendant R4C0RP, a California
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                     LEGAL 05936-0065/1524229 1                     -2-
                           MOTION IN LIMINE OF DEFENDANT R4C0RP EXCLUDING EVIDENCE AGAINST R4C0RP
                                                REGARDING CONSTRUCTION DEFECTS
                  1                           MEMORANDUM OF POINTS AND AUTHORITIES

                  2 I.        INTRODUCTION
                  3           This case involves an action for construction defects at one home located at 8601
                  4 Rolling Green Way, Fair Oaks, California 95628. Plaintiffs allege soil, foundatton, and
                  5 elevation defects with their home. Plaintiffs initially filed their Complaint on November 8,
                  6 2007 On November 5, 2010, Plaintiffs filed a Third Amended Complaint ('TAC"), which
                  7 alleges seven causes The TAC names R4C0RP as the successor to Defendant
                  8 Richard Ruybalid dba CA Construction ("Ruybalid"), and alleges R4C0RP is liable for the
                  9 acts of Defendant Ruybalid as a successor thereto, and not for any acts committed by
                 10 defendant R4C0RP on its own
                 11 II.       A MOTION IN LIMINE IS A PROPER PROCEDURE BY WHICH THE TRIAL
                              COURT MAY LIMIT THE SCOPE OF EVIDENCE AND TESTIMONY TO BE
                 12           INTRODUCED DURING TRIAL
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