MOTION TO EXCLUDE TESTIMONY AT TRIAL

(Cal. Evid. Code § 402, 701, 702)

TENTATIVE RULING:

Defendant SAB Investment Property, LLC’s Motion to Exclude Plaintiff’s Testimony at Trial is DENIED.

ANALYSIS:

Plaintiff Egal Shahbaz (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendant SAB Investment Property, LLC (“Defendant”) on October 30, 2018.

Defendant filed the instant Motion to Exclude Plaintiff’s Testimony at Trial on May 22, 2020. Plaintiff filed an opposition on September 1, 2020 and Defendant replied on September 3, 2020.

Discussion

The Motion is brought pursuant to Cal. Evidence Code sections 402, 701 and 702. Section 402 provides that “[t]he court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury.” (Cal. Evid. Code, § 402, subd. (b).) To the extent Defendant’s request to exclude evidence at trial is essentially a motion in limine, such a motion can be brought “befo