Good cause appearing, the motion for preferential setting of trial is granted. Defendant Sun Vally 50th Avenue, LLC's ("Defendant") objection to the declaration of Dr. Hirsch is sustained. The objection to paragraphs 3, 4 and 5 of Mr. Strom's declaration is sustained. The Court will consider those paragraphs only as the argument of counsel, not as admissible facts concerning the truth of the matters. The objection to Exhibit "2" of Mr. Strom's declaration is sustained on grounds the inspection of units not at issue are irrelevant. The objection to paragraph 7 of Mr. Strom's declaration is overruled. As counsel for Plaintiff, Mr. Strom has personal knowledge of the history of discovery. The Court will consider the evidence presented by Defendant in the declaration of Rose that Mr. Strom's representations were false, but Defendant's disagreement with the accuracy of the statements is not grounds for objection.
Plaintiffs Khairi Ashley, Kylie Morris, Aniyah Thomas-McEwen, Jonathan Stoval
Hearing Date
October 10, 2019
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
For full print and download access, please subscribe at https://www.trellis.law/.
Good cause appearing, the motion for preferential setting of trial is granted. Defendant Sun Vally 50th Avenue, LLC's ("Defendant") objection to the declaration of Dr. Hirsch is sustained. The objection to paragraphs 3, 4 and 5 of Mr. Strom's declaration is sustained. The Court will consider those paragraphs only as the argument of counsel, not as admissible facts concerning the truth of the matters. The objection to Exhibit "2" of Mr. Strom's declaration is sustained on grounds the inspection of units not at issue are irrelevant. The objection to paragraph 7 of Mr. Strom's declaration is overruled. As counsel for Plaintiff, Mr. Strom has personal knowledge of the history of discovery. The Court will consider the evidence presented by Defendant in the declaration of Rose that Mr. Strom's representations were false, but Defendant's disagreement with the accuracy of the statements is not grounds for objection.
Plaintiffs Khairi Ashley, Kylie Morris, Aniyah Thomas-McEwen, Jonathan Stoval