On March 22, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Ruiz Ortega, Juan Miguel,
and
Does 1 Through 10,
General Motors Llc,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
QUILL & ARROW, LLP 10/2/2023 5:13 PM
Kevm Y. Jacobson (SBN 320532) _ _
kiacobson@quillarrowlaw.com By: Sylv'a Gualardo’ DEPUTY
Nicholas Yowarski, Esq.(SBN 338165)
Nvowarskiébquillarrowlaw.com
e-service@quillarr0wlaw.com
10900 Wilshire B1Vd., Suite 300
Los Angeles, CA 90024
\OOOQGUl-bUJNr—t
Telephone: (3 1 0) 933-4271
Facsimile: (3 1 0) 889-0645
Attorneys for Plaintiff,
JUAN MIGUEL RUIZ ORTEGA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
JUAN MIGUEL RUIZ ORTEGA, an Case No.2 —CIVSB2206582
mdwldual’
Assigned t0 the Hon. Bryan Foster in Dept.
S22
Plaintiff,
VS '
PLAINTIFF’S MOTION 1N LIMINE
N0. 7 of 20
NOTICE 0F MOTION AND
EfijggfibgfiggggPEficaaigggvlgasml MOTION IN LIMINE T0 PROHIBIT
NNNNNNNNNHHr—b—tr—kh—tr—Hb—tr—t
throu gh 1
y,
0 inclusive
TESTIMONY 0R EVIDENCE
a v
REGARDING ANY CLAIM 0F A
DISCLAIMER 0F THE IMPLIED
OONONM-bUJNHOKOOONONm-bWNt—‘O
WARRANTY 0F
Date Filed: March 22, 2022
Trial Date: October 9, 2023
-1-
PLAINTIFF’S MOTION IN LIMINE NO. 7
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 prohibiting testimony 0r evidence regarding any claim of
a disclaimer of the implied warranty 0f merchantability.
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 meet
16 and confer in good faith with regards t0 the subject matter of this Motion on October 2, 2023.
17
Dated: October2 2023
18
19 Respectfully submitted,
20 QUILL & ARROW LAW, LLP
21
22
fl? eV J .obson, Esq.
Nicholas owarski, Esq.
23 Attorney for Plaintiff,
JUAN MIGUEL RUIZ ORTEGA
24
25
26
27
28
-2-
PLAINTIFF’S MOTION IN LIMINE NO. 7
Document Filed Date
October 02, 2023
Case Filing Date
March 22, 2022
Category
Breach of Contract/Warranty Unlimited
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT QUILL & ARROW, LLP 10/2/2023 5:13 PM Kevm Y. Jacobson (SBN 320532) _ _ kiacobson@quillarrowlaw.com By: Sylv'a Gualardo’ DEPUTY Nicholas Yowarski, Esq.(SBN 338165) Nvowarskiébquillarrowlaw.com e-service@quillarr0wlaw.com 10900 Wilshire B1Vd., Suite 300 Los Angeles, CA 90024 \OOOQGUl-bUJNr—t Telephone: (3 1 0) 933-4271 Facsimile: (3 1 0) 889-0645 Attorneys for Plaintiff, JUAN MIGUEL RUIZ ORTEGA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO JUAN MIGUEL RUIZ ORTEGA, an Case No.2 —CIVSB2206582 mdwldual’ Assigned t0 the Hon. Bryan Foster in Dept. S22 Plaintiff, VS ' PLAINTIFF’S MOTION 1N LIMINE N0. 7 of 20 NOTICE 0F MOTION AND EfijggfibgfiggggPEficaaigggvlgasml MOTION IN LIMINE T0 PROHIBIT NNNNNNNNNHHr—b—tr—kh—tr—Hb—tr—t throu gh 1 y, 0 inclusive TESTIMONY 0R EVIDENCE a v REGARDING ANY CLAIM 0F A DISCLAIMER 0F THE IMPLIED OONONM-bUJNHOKOOONONm-bWNt—‘O WARRANTY 0F Date Filed: March 22, 2022 Trial Date: October 9, 2023 -1- PLAINTIFF’S MOTION IN LIMINE NO. 7 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 prohibiting testimony 0r evidence regarding any claim of a disclaimer of the implied warranty 0f merchantability. 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 meet 16 and confer in good faith with regards t0 the subject matter of this Motion on October 2, 2023. 17 Dated: October2 2023 18 19 Respectfully submitted, 20 QUILL & ARROW LAW, LLP 21 22 fl? eV J .obson, Esq. Nicholas owarski, Esq. 23 Attorney for Plaintiff, JUAN MIGUEL RUIZ ORTEGA 24 25 26 27 28 -2- PLAINTIFF’S MOTION IN LIMINE NO. 7