Melissa Gomez vs. Hugh G Holt

Case No.: 34-2008-00016433-CU-PO-GDS    

Motions in Limine – Tentative Rulings

Plaintiff's Motions in Limine

Motion to Exclude Misleading Evidence

Relying of Evidence Code section 352, plaintiff seeks to exclude "mention and any reference at trial that no one else was injured on defendants' property prior to Ms. Gomez injury or that Ms. Gomez or the other tenants in her apartment failed to complain about prior problems with the stair rail and stair case."

The motion is denied. The motion is vague and premature. (See, e.g., Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 670)

Motion to Exclude Felony Convictions

The motion is granted. It is not opposed.

Motion to Exclude Experiment and Testing

The motion is denied without prejudice. The Court will conduct a 402 hearing to determine whether the conditions in the testing were sufficiently similar to the conditions in plaintiff's apartment to be relev........