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THE BARRY LAW FIRM ELECTRONICALLY FILED
DAVID N_ BARRY, ESQ. (SBN 219230) SUPERIOR COURT OF CALIFORNIA
LOGAN G. PASCAL, ESQ. (SBN 324733) COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
dbarry@mylemonr1ghts.com
11845 W. Olympic Boulevard, Suite 1270 10/1 1/2023 6:24 PM
Los Angeles, CA 90064
Telephone: (310) 684-5859 By: Betty DaVidSOH, DEPUTY
Facsimile: (3 10) 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
11
JAMES BRUSSARD, an individual, Case NO_ CIVD32019921
12 Plaintiff, PLAINTIFF’SMOTION IN LIMINE NO. 6
TO EXCLUDE DEFENDANT GENERAL
13 V. MOTORS LLC’S EXPERT WITNESS
FOR FAILURE TO BE TIMELY
14 PRODUCED FOR DEPOSITION;
DECLARATION OF LOGAN G. PASCAL,
15
GENERAL MOTORS, LLC, A Delaware ESQ.
Limited Liability Company; and DOES 1 through Trial Readiness Conference;
16
I _
Date: October 19, 2023
20, IDCIUSIVC, Time: 9:00 a.m.
17
Dept: Sl4
18 Defendants.
Action Filed: September 21, 2020
19 Jury Trial: October 23, 2023
20
Assignedfor all purposes t0 Hon. Jeffrey R.
21 Erickson - Dept. S14
22
23 PLAINTIFF’S MOTION IN LIMINE NO. 6
24 Plaintiff JAMES BRUSSARD (“Plaintiff’) hereby moves this Court in limine for an Order
25 excluding Defendant GENERAL MOTORS LLC’s (“Defendant”) expert witness, James Oaks, from
26 testifying at trial for Defendant’s failure t0 timely produce him for deposition.
27 Plaintiff Will be prejudiced if Defendant’s expert is permitted t0 offer testimony at trial
28 because Defendant’s failure t0 comply with the (??_lifornia Code 0f Civil Procedure and this Court’s
PLAINTIFF’S MOTION IN LIMINE NO. 6 TO EXCLUDE DEFENDANT GENERAL MOTORS LLC’S
EXPERT WITNESS FOR FAILURE TO BE TIMELY PRODUCED FOR DEPOSITION;
DECLARATION OF LOGAN G. PASCAL, ESQ.
direct order has impeded Plaintiff’ s ability t0 prepare for trial.
I. INTRODUCTION
On March 9, 2023, Defendant served a demand for the exchange of expert witness
information pursuant to California Code 0f Civil Procedure Section 2034.210(c). See Exhibit “1.”
On March 29, 2023, Defendant served its Designation 0f Expert Witnesses pursuant to Code 0f
Civil Procedure section 2034. Defendant designated James Oaks as its only retained expert. See
Exhibit “2.”
On March 30, 2023, Plaintiff noticed the deposition of Mr. Oaks and the deposition was
unilaterally set to g0 forward 0n April 13, 2023. See Exhibit “3.”
10 On April 5, 2023, Defendant served objections t0 Plaintiff’s deposition notice. See Exhibit
11 “4.”
12 On April 5, 2023, Plaintiff sent an email correspondence to Defendant requesting dates for
13 Mr. Oaks’ expert deposition. See Exhibit “5.”
14 On April 10, 2023, Plaintiff sent a follow up email correspondence to Defendant requesting
15 dates for Mr. Oaks’ expert deposition. See Exhibit “6.”
16 On April 17, 2023, Plaintiff sent another follow up email correspondence t0 Defendant
17 requesting dates for Mr. Oaks’ expert deposition and Defendant’s availability to telephonically meet
18 and confer regarding its obj ections. See Exhibit “7.”
19 On April 24, 2023, Plaintiff attempted to telephonically meet and confer With Defendant
20 regarding the expert deposition but the call went unanswered and unreturned. See Declaration 0f
21 Logan G. Pascal 11
9.
22 On May 12, 2023, Plaintiff filed a Motion to Compel the Deposition of Defendant’s Expert
23 Witness, 0r in the alternative, Excluding Defendant’s Expert from Testifying at Trial. See Declaration
24 of Logan G. Pascal 1]
10.
25 On May 19, 2023, this Court vacated Plaintiff’s Motion t0 Compel the Deposition of
26 Defendant’s Expert Witness, or in the alternative, Excluding Defendant’s Expert from Testifying at
27 Trial and ordered Defendant to produce its expert for deposition bV no later than August 3, 2023.
28 See Declaration 0f Logan G. Pascal 11 11, Exhib_i§f8.”
PLAINTIFF’SMOTION IN LIMINE NO. 6 TO EXCLUDE DEFENDANT GENERAL MOTORS LLC’S
EXPERT WITNESS FOR FAILURE TO BE TIMELY PRODUCED FOR DEPOSITION;
DECLARATION OF LOGAN G. PASCAL, ESQ.
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THE BARRY LAW FIRM ELECTRONICALLY FILED DAVID N_ BARRY, ESQ. (SBN 219230) SUPERIOR COURT OF CALIFORNIA LOGAN G. PASCAL, ESQ. (SBN 324733) COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT dbarry@mylemonr1ghts.com 11845 W. Olympic Boulevard, Suite 1270 10/1 1/2023 6:24 PM Los Angeles, CA 90064 Telephone: (310) 684-5859 By: Betty DaVidSOH, DEPUTY Facsimile: (3 10) 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 11 JAMES BRUSSARD, an individual, Case NO_ CIVD32019921 12 Plaintiff, PLAINTIFF’SMOTION IN LIMINE NO. 6 TO EXCLUDE DEFENDANT GENERAL 13 V. MOTORS LLC’S EXPERT WITNESS FOR FAILURE TO BE TIMELY 14 PRODUCED FOR DEPOSITION; DECLARATION OF LOGAN G. PASCAL, 15 GENERAL MOTORS, LLC, A Delaware ESQ. Limited Liability Company; and DOES 1 through Trial Readiness Conference; 16 I _ Date: October 19, 2023 20, IDCIUSIVC, Time: 9:00 a.m. 17 Dept: Sl4 18 Defendants. Action Filed: September 21, 2020 19 Jury Trial: October 23, 2023 20 Assignedfor all purposes t0 Hon. Jeffrey R. 21 Erickson - Dept. S14 22 23 PLAINTIFF’S MOTION IN LIMINE NO. 6 24 Plaintiff JAMES BRUSSARD (“Plaintiff’) hereby moves this Court in limine for an Order 25 excluding Defendant GENERAL MOTORS LLC’s (“Defendant”) expert witness, James Oaks, from 26 testifying at trial for Defendant’s failure t0 timely produce him for deposition. 27 Plaintiff Will be prejudiced if Defendant’s expert is permitted t0 offer testimony at trial 28 because Defendant’s failure t0 comply with the (??_lifornia Code 0f Civil Procedure and this Court’s PLAINTIFF’S MOTION IN LIMINE NO. 6 TO EXCLUDE DEFENDANT GENERAL MOTORS LLC’S EXPERT WITNESS FOR FAILURE TO BE TIMELY PRODUCED FOR DEPOSITION; DECLARATION OF LOGAN G. PASCAL, ESQ. direct order has impeded Plaintiff’ s ability t0 prepare for trial. I. INTRODUCTION On March 9, 2023, Defendant served a demand for the exchange of expert witness information pursuant to California Code 0f Civil Procedure Section 2034.210(c). See Exhibit “1.” On March 29, 2023, Defendant served its Designation 0f Expert Witnesses pursuant to Code 0f Civil Procedure section 2034. Defendant designated James Oaks as its only retained expert. See Exhibit “2.” On March 30, 2023, Plaintiff noticed the deposition of Mr. Oaks and the deposition was unilaterally set to g0 forward 0n April 13, 2023. See Exhibit “3.” 10 On April 5, 2023, Defendant served objections t0 Plaintiff’s deposition notice. See Exhibit 11 “4.” 12 On April 5, 2023, Plaintiff sent an email correspondence to Defendant requesting dates for 13 Mr. Oaks’ expert deposition. See Exhibit “5.” 14 On April 10, 2023, Plaintiff sent a follow up email correspondence to Defendant requesting 15 dates for Mr. Oaks’ expert deposition. See Exhibit “6.” 16 On April 17, 2023, Plaintiff sent another follow up email correspondence t0 Defendant 17 requesting dates for Mr. Oaks’ expert deposition and Defendant’s availability to telephonically meet 18 and confer regarding its obj ections. See Exhibit “7.” 19 On April 24, 2023, Plaintiff attempted to telephonically meet and confer With Defendant 20 regarding the expert deposition but the call went unanswered and unreturned. See Declaration 0f 21 Logan G. Pascal 11 9. 22 On May 12, 2023, Plaintiff filed a Motion to Compel the Deposition of Defendant’s Expert 23 Witness, 0r in the alternative, Excluding Defendant’s Expert from Testifying at Trial. See Declaration 24 of Logan G. Pascal 1] 10. 25 On May 19, 2023, this Court vacated Plaintiff’s Motion t0 Compel the Deposition of 26 Defendant’s Expert Witness, or in the alternative, Excluding Defendant’s Expert from Testifying at 27 Trial and ordered Defendant to produce its expert for deposition bV no later than August 3, 2023. 28 See Declaration 0f Logan G. Pascal 11 11, Exhib_i§f8.” PLAINTIFF’SMOTION IN LIMINE NO. 6 TO EXCLUDE DEFENDANT GENERAL MOTORS LLC’S EXPERT WITNESS FOR FAILURE TO BE TIMELY PRODUCED FOR DEPOSITION; DECLARATION OF LOGAN G. PASCAL, ESQ.