Motion,Ex Parte: Ruiz Ortega -v - General Motors LLC et al Print

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                                ELECTRONICALLY FILED
                                                                                  SUPERIOR COURT OF CALIFORN A
                                                                                  COUNTY OF SAN BERNARDINO
                                                                                  SAN BERNARDINO DISTRICT
     QUILL & ARROW, LLP                                                           10/2/2023 5:34   PM
     Kevin Y. Jacobson (SBN 320532)
     kiacobson@quillarrowlaw.com                                                  By: Sylvia Guajardo,   DEPUTY
     Nicholas Yowarski, Esq. (SBN 338165)
     Nvowarskiébquillarrowlaw.com
     e-service@quillarr0wlaw.com
     10900 Wilshire B1Vd., Suite 300
     Los Angeles, CA 90024
     Telephone:     (3   1   0)   933-4271
     Facsimile:     (3   1   0)   889-0645


     Attorneys for Plaintiff,
     JUAN MIGUEL RUIZ ORTEGA


                                       SUPERIOR COURT OF CALIFORNIA
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                                         COUNTY OF SAN BERNARDINO
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     JUAN MIGUEL RUIZ ORTEGA,                 an                   Case No.: CIVSB2206582
12   individual,
                                                                   Assigned   t0 the   Hon. Bryan Foster   in   Dept.
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                                                                   522
                    Plaintiff,


14         VS.
                                                                  PLAINTIFF’S      MOTION IN LIMINE
                                                                  NO. 19 0f 20
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                                                                  NOTICE OF MOTION AND MOTION
     GENERAL MOTORS LLC,                 a Delaware               IN LIMINE TO EXCLUDE EVIDENCE
16   Limited Liability Company, and          DOES   1
                                                                  OR TESTIMONY THAT DEFENDANT
     through 10, inclusive,                                       PROPOSED ARBITRATION AS AN
17                                                                ALTERNATIVE RESOLUTION TO
                                                                  THIS   MATTER
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                   Defendants.
                                                                  Date Filed: March 22, 2022
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                                                                  Trial Date: October 2,    2023
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                                      PLAINTIFF’S       MOTION IN LIMINE NO.           19
     TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
               PLEASE TAKE NOTICE that Plaintiff JUAN MIGUEL RUIZ ORTEGA                                                (“Plaintiff’)


     moves     the Court in limine for an order t0 exclude evidence 0r testimony that defendant proposed


     arbitration as   an alternative resolution to                 this matter.


               Plaintiff further         moves     the Court t0 instruct        all   parties   and   their counsel, as well as require


     counsel t0 advise        all   Witnesses 0f the following:

               1.       Not        to attempt to         convey       t0 the jury, directly or indirectly,           any 0f the   facts


     mentioned      in this   Motion without first obtaining permission from the Court outside the presence

     and hearing of the jury;

10             2.       Not    t0    make any reference             to the fact that this       Motion has been filed; and,

11             3.       T0 warn and          caution      all     Witnesses t0 strictly follow the same instructions.

12             This motion          is   based upon the supporting              Memorandum of             Points and Authorities, the


13   Declaration of Nicholas Yowarski, Esq. attached hereto, the papers and pleadings on file in this


14   action,   and upon such further matters                that     may be presented at the hearing.

15             Plaintiff advised           opposing counsel of their intent to file                     this   Motion and attempted   to


16   meet and confer          in    good   faith   with regards to the subject matter 0f                  this   Motion 0n October   2,


17   2023.

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     Dated:     October2 2023
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                                              Respectfully submitted,
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                                              QUILL & ARROW, LLP
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22                                                        7
                                              K     V'
                                                            .       cobson, Esq.
23                                            Nicho                owarski, Esq.
                                              Attorn          s   for Plaintiff,
24                                            JUAN MIGUEL RUIZ ORTEGA
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                                           PLAINTIFF’S              MOTION IN LIMINE NO.                 19