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ELECTRONICALLY FILED
THE BARRY LAW FIRM SUPERIOR COURT 0F CALIFORNIA
DAVID N. BARRY, ESQ. (SBN 219230) COUNTY 0F SAN BERNARDINO
LOGAN G. PASCAL, ESQ. (SBN 324733) SAN BERNARDINO DISTRICT
dbarry@mylem0nrights.com
10/1 “2023 6'24
_
PM
11845 W. Olympic Boulevard, Suite 1270
LOS Angeles, CA 90064 By: Betty Davidson, DEPUTY
Telephone: (310) 684-5859
Facsimile: (310) 862-4539
Attorneys for Plaintiff, JAMES BRUSSARD
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO — SAN BERNARDINO JUSTICE CENTER
10
Case No. CIVDS2019921
11 JAMES BRUSSARD, an individual,
MOTION IN LIMINE NO. 3
PLAINTIFF’S
12 TO EXCLUDE TESTIMONY,
Plaintiff, ARGUMENT, OR IMPLICATION THAT
13 OR
PLAINTIFF MISUSED, ABUSED,
V. POORLY MAINTAINED THE SUBJECT
14 VEHICLE, DECLARATION OF LOGAN
G. PASCAL, ESQ.
15
GENERAL MOTORS, LLC, A Delaware
16 , , , , ,
Trial Readiness Conference:
lelted L1ab111ty Company; and DOES 1 through Date; October 19, 2023
17 . _
Time: 9:00 a.m.
20, 1nclu51ve, Dept: Sl4
18
Defendants. Action Filed: September 21, 2020
19 Jury Trial: October 23, 2023
20
Assignedfor allpurposes t0 Hon. Jeflrey R.
21 Erickson - Dept. SI4
22
23 PLAINTIFF’S MOTION IN LIMINE NO. 3
24 Plaintiff JAMES BRUSSARD (“Plaintiff”) hereby moves this Court in limine for an order
25 prohibiting Defendant GENERAL MOTORS LLC (“Defendant”) from arguing that Plaintiff
26 misused, abused or poorly maintained the Subject Vehicle.
27 This Motion in Limine is made 0n the grounds that there is no evidence that Plaintiff misused,
28 abused 0r poorly maintained the Subject Vehicle. Further, any argument made along these lines
-1-
MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY, ARGUMENT, OR
PLAINTIFF’S
IMPLICATION THAT PLAINTIFF MISUSED, ABUSED, OR POORLY MAINTAINED THE SUBJECT
VEHICLE; DECLARATION OF LOGAN G. PASCAL, ESQ.
would unduly prejudice the jury.
I. INTRODUCTION
This action was brought by Plaintiff against Defendant alleging breach of warranty of both
the express warranty and the implied warranty 0f merchantability, and Fraudulent Inducement —
Concealment. The underlying action involves various issues Plaintiff experienced with his new 2016
Chevrolet Silverado (“Subject Vehicle”), including various repair presentations made t0 Defendant’s
authorized dealership. Plaintiff claims that the Subject Vehicle was defective, and that Defendant
was unable t0 repair the Vehicle t0 match the written warranty within a reasonable number 0f repair
presentations. Technicians and service advisers at Defendant’s authorized repair facilities are trained
10 to indicate 0n the face of the repair orders if they observe evidence of lack of maintenance, misuse,
11 abuse 0r neglect. There is no evidence that any of the concerns for which Plaintiff presented the
12 Subject Vehicle were the result 0f Plaintiff’ s actions 0r inactions. Argument that Plaintiff was the
13 cause 0f the defects in the Subject Vehicle is not relevant and would be unduly prejudicial to the
14 jury. Accordingly, this Motion seeks t0 exclude argument that Plaintiff misused, abused or neglected
15 the Subject Vehicle.
16 II. STATEMENT OF FACTS
17 On July 25, 2016, Plaintiff purchased the Subject Vehicle. The Subject Vehicle was
18 distributed and warranted by Defendant. Also included with the sale 0f the Subject Vehicle was an
19 implied warranty of merchantability.
20 After numerous repair presentations for the same warrantable defects and Defendant’s refusal
21 t0 repurchase or replace the Subj ect Vehicle, Plaintiff was forced to initiate this action on September
22 21, 2020.
23 On November 30, 2020, Plaintiff propounded Form Interrogatories t0 Defendant. Form
24 Interrogatory 15.1 asked Defendant t0 identify all facts, Witnesses and documents in support 0f its
25 affirmative defenses. See Exhibit “1 .”
26 On December 21, 2020, Defendant served responses t0 Plaintiff’s Form Interrogatories.
27 Defendant did not provide any facts, witnesses and documents t0 support its affirmative defense that
28 Plaintiff misused, abused or poorly maintained the Subject Vehicle. See Exhibit “2.”
-2-
MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY, ARGUMENT, OR
PLAINTIFF’S
IMPLICATION THAT PLAINTIFF MISUSED, ABUSED, OR POORLY MAINTAINED THE SUBJECT
VEHICLE; DECLARATION OF LOGAN G. PASCAL, ESQ.
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ELECTRONICALLY FILED THE BARRY LAW FIRM SUPERIOR COURT 0F CALIFORNIA DAVID N. BARRY, ESQ. (SBN 219230) COUNTY 0F SAN BERNARDINO LOGAN G. PASCAL, ESQ. (SBN 324733) SAN BERNARDINO DISTRICT dbarry@mylem0nrights.com 10/1 “2023 6'24 _ PM 11845 W. Olympic Boulevard, Suite 1270 LOS Angeles, CA 90064 By: Betty Davidson, DEPUTY Telephone: (310) 684-5859 Facsimile: (310) 862-4539 Attorneys for Plaintiff, JAMES BRUSSARD SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO — SAN BERNARDINO JUSTICE CENTER 10 Case No. CIVDS2019921 11 JAMES BRUSSARD, an individual, MOTION IN LIMINE NO. 3 PLAINTIFF’S 12 TO EXCLUDE TESTIMONY, Plaintiff, ARGUMENT, OR IMPLICATION THAT 13 OR PLAINTIFF MISUSED, ABUSED, V. POORLY MAINTAINED THE SUBJECT 14 VEHICLE, DECLARATION OF LOGAN G. PASCAL, ESQ. 15 GENERAL MOTORS, LLC, A Delaware 16 , , , , , Trial Readiness Conference: lelted L1ab111ty Company; and DOES 1 through Date; October 19, 2023 17 . _ Time: 9:00 a.m. 20, 1nclu51ve, Dept: Sl4 18 Defendants. Action Filed: September 21, 2020 19 Jury Trial: October 23, 2023 20 Assignedfor allpurposes t0 Hon. Jeflrey R. 21 Erickson - Dept. SI4 22 23 PLAINTIFF’S MOTION IN LIMINE NO. 3 24 Plaintiff JAMES BRUSSARD (“Plaintiff”) hereby moves this Court in limine for an order 25 prohibiting Defendant GENERAL MOTORS LLC (“Defendant”) from arguing that Plaintiff 26 misused, abused or poorly maintained the Subject Vehicle. 27 This Motion in Limine is made 0n the grounds that there is no evidence that Plaintiff misused, 28 abused 0r poorly maintained the Subject Vehicle. Further, any argument made along these lines -1- MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY, ARGUMENT, OR PLAINTIFF’S IMPLICATION THAT PLAINTIFF MISUSED, ABUSED, OR POORLY MAINTAINED THE SUBJECT VEHICLE; DECLARATION OF LOGAN G. PASCAL, ESQ. would unduly prejudice the jury. I. INTRODUCTION This action was brought by Plaintiff against Defendant alleging breach of warranty of both the express warranty and the implied warranty 0f merchantability, and Fraudulent Inducement — Concealment. The underlying action involves various issues Plaintiff experienced with his new 2016 Chevrolet Silverado (“Subject Vehicle”), including various repair presentations made t0 Defendant’s authorized dealership. Plaintiff claims that the Subject Vehicle was defective, and that Defendant was unable t0 repair the Vehicle t0 match the written warranty within a reasonable number 0f repair presentations. Technicians and service advisers at Defendant’s authorized repair facilities are trained 10 to indicate 0n the face of the repair orders if they observe evidence of lack of maintenance, misuse, 11 abuse 0r neglect. There is no evidence that any of the concerns for which Plaintiff presented the 12 Subject Vehicle were the result 0f Plaintiff’ s actions 0r inactions. Argument that Plaintiff was the 13 cause 0f the defects in the Subject Vehicle is not relevant and would be unduly prejudicial to the 14 jury. Accordingly, this Motion seeks t0 exclude argument that Plaintiff misused, abused or neglected 15 the Subject Vehicle. 16 II. STATEMENT OF FACTS 17 On July 25, 2016, Plaintiff purchased the Subject Vehicle. The Subject Vehicle was 18 distributed and warranted by Defendant. Also included with the sale 0f the Subject Vehicle was an 19 implied warranty of merchantability. 20 After numerous repair presentations for the same warrantable defects and Defendant’s refusal 21 t0 repurchase or replace the Subj ect Vehicle, Plaintiff was forced to initiate this action on September 22 21, 2020. 23 On November 30, 2020, Plaintiff propounded Form Interrogatories t0 Defendant. Form 24 Interrogatory 15.1 asked Defendant t0 identify all facts, Witnesses and documents in support 0f its 25 affirmative defenses. See Exhibit “1 .” 26 On December 21, 2020, Defendant served responses t0 Plaintiff’s Form Interrogatories. 27 Defendant did not provide any facts, witnesses and documents t0 support its affirmative defense that 28 Plaintiff misused, abused or poorly maintained the Subject Vehicle. See Exhibit “2.” -2- MOTION IN LIMINE NO. 3 TO EXCLUDE TESTIMONY, ARGUMENT, OR PLAINTIFF’S IMPLICATION THAT PLAINTIFF MISUSED, ABUSED, OR POORLY MAINTAINED THE SUBJECT VEHICLE; DECLARATION OF LOGAN G. PASCAL, ESQ.