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

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                                ELECTRONICALLY FILED
                                                                       SUPERIOR COURT OF CALIFORNIA
                                                                       COUNTY OF SAN BERNARDINO
                                                                       SAN BERNARDINO DISTRICT
     QUILL & ARROW, LLP
                                                                       10/2/2023 5:08   PM
     Kevin Y. Jacobson (SBN 320532)
     kiacobson@quillarrowlaw.com                                       By: Sylvia Guajardo,   DEPUTY
     Nicholas Yowarski, Esq. (SBN 338165)
     Nvowarski@quillarrowlaw.com
     e-service@quillarr0wlaw.com
     10900 Wilshire B1Vd., Suite 300
     Los Angeles, CA 90024
     Telephone:    (310) 933-4271
     Facsimile:    (310) 889-0645


     Attorneys for Plaintiff,
     JUAN MIGUEL RUIZ ORTEGA

                                 SUPERIOR COURT OF CALIFORNIA

10                                 COUNTY OF SAN BERNARDINO
11
     JUAN MIGUEL RUIZ ORTEGA,           an                  Case N0.: CIVSB2206582
12   individual,
                                                            Assigned   t0 the   Hon. Bryan Foster   in   Dept.
                                                            S22
13                  Plaintiff,


14         VS.
                                                            PLAINTIFF’S         MOTION IN LIMINE
                                                            NO. 4 0f 20
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                                                            NOTICE OF MOTION AND MOTION
     GENERAL MOTORS LLC,          a Delaware
                                                            IN LIMINE TO EXCLUDE
16   Limited Liability Company, and    DOES   1
                                                            TESTIMONY, ARGUMENT, OR
     through 10, inclusive,
                                                            IMPLICATION THAT PLAINTIFF
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                                                            MADE INSUFFICIENT EFFORTS TO
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                                                            REQUEST FROM DEFENDANT
                   Defendants.                              REPURCHASE OR REPLACEMENT
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                                                            OF THE SUBJECT VEHICLE
                                                            Date Filed: March 22, 2022
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                                                            Trial Date: October 9,   2023
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                                                      -1-

                                 PLAINTIFF’S      MOTION IN LIMINE NO. 4
     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 excluding argument, testimony, or implication that Plaintiff


     made     insufficient efforts t0 request from Defendant a repurchase 0r replacement 0f the Subject

     Vehicle.

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


      counsel to advise     all   witnesses of the following:

                 1.     Not to attempt to convey to 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

10    of the jury;

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

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

13               This motion      is   based upon the supporting          Memorandum 0f Points and          Authorities, the


14   Declaration 0f Nicholas Yowarski, Esq. attached hereto, the papers and pleadings 0n file in this


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


16              Plaintiff advised       opposing counsel of their intent t0 file           this     Motion and attempted       to


17   meet and confer      in   good     faith   With regards t0 the subject matter 0f         this   Motion 0n October        2,


18   2023.


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     Dated:      October2 2023
20                                         Respectfully submitted,

21                                         QUILL & ARROW, LLP
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23                                         Kevin Y. Jacobson, Esq.
                                           Nicholas Yowarski, Esq.
24                                         Attorneys for Plaintiff,
                                           JUAN MIGUEL RUIZ ORTEGA
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                                                                   -2-

                                         PLAINTIFF’S         MOTION IN LIMINE NO. 4