Halili v. Davita, Inc – 2008-00008572 Motions in Limine – Tentative Ruling
Plaintiff's Motions:
- Preclude testimony and notes RE Plaintiff's performance and conduct with a subsequent employer (RAI, Inc) – DENIED, as to conduct relied on by Defendant in reaching its decision to terminate and as to conduct directed toward Ms. Escalante. The motion is neither granted nor denied as to evidence of Plaintiff's alleged misconduct directed toward other employees. The admissibility of that evidence will depend on a proper foundation being laid during trial, offers of proof and possible 402 hearings outside the presence of the jury.
Defendant's Motions:
- Preclude any evidence RE events that occurred after June 2007 – The failure to exhaust administrative remedies may be an absolute defense to any other claims rendering any evidence as to later conduct irrelevant and violative of the provisions of Evidence Code section 352. The doctrine of res judicata does not apply to ruling on mot
Hearing Date
April 15, 2010
Category
Civil - Unlimited
Type
Non-PI/PD/WD tort - Other
For full print and download access, please subscribe at https://www.trellis.law/.
Halili v. Davita, Inc – 2008-00008572 Motions in Limine – Tentative Ruling
Plaintiff's Motions:
- Preclude testimony and notes RE Plaintiff's performance and conduct with a subsequent employer (RAI, Inc) – DENIED, as to conduct relied on by Defendant in reaching its decision to terminate and as to conduct directed toward Ms. Escalante. The motion is neither granted nor denied as to evidence of Plaintiff's alleged misconduct directed toward other employees. The admissibility of that evidence will depend on a proper foundation being laid during trial, offers of proof and possible 402 hearings outside the presence of the jury.
Defendant's Motions:
- Preclude any evidence RE events that occurred after June 2007 – The failure to exhaust administrative remedies may be an absolute defense to any other claims rendering any evidence as to later conduct irrelevant and violative of the provisions of Evidence Code section 352. The doctrine of res judicata does not apply to ruling on mot