Judge: Daniel S. Murphy, Case: 21STCV19593, Date: 2024-11-13 Tentative Ruling

Case Number: 21STCV19593    Hearing Date: November 13, 2024    Dept: 32

BACKGROUND

            Plaintiffs Michale LaPorta and Beverlee LaPorta initiated this landlord-tenant habitability action on May 24, 2021. Plaintiffs filed the operative First Amended Complaint on May 8, 2023 against Defendant Rochelle Sterling, as Trustee of the Sterling Family Trust and dba Beverly Hills Properties. The FAC asserts claims for breach of the warranty of habitability, negligence, nuisance, breach of contract, and breach of the covenant of quiet enjoyment.

            On October 17, 2024, Defendant filed the instant motion for sanctions to exclude trial exhibits not properly identified in Plaintiffs’ pretrial disclosure. Plaintiffs filed their opposition on November 1, 2024. Defendant filed her reply on November 5, 2024.

LEGAL STANDARD

            “At least five days prior to the final status conference, counsel must serve and file lists of pre-marked exhibits to be used at trial.” (Los Angeles Superior Court Local Rules, Rule 3.25(f)(1).) “Failure to exchange and file these items may result in not being able to call witnesses, present exhibits at trial, or have a jury trial.” (Ibid.)

DISCUSSION

            Based on Rule 3.25, Defendant moves to preclude Plaintiffs from presenting all except 10 exhibits listed on Plaintiffs’ disclosure. Defendant argues that the remaining 21 items on Plaintiffs’ disclosure are vague categories of information that fail to identify the actual documents Plaintiffs intend to introduce at trial. Defendant argues that the 21 items are not delineated by date, content, bates number, or other identifying information.

            While evidentiary sanctions are unwarranted at this stage, the parties shall exchange their trial exhibits at least five days prior to the Final Status Conference. Prior productions during discovery do not count. The parties must exchange the actual exhibits to be introduced at trial. Any exhibits not exchanged will be excluded from trial. 

CONCLUSION

            Defendant’s motion for sanctions is DENIED. The parties shall exchange their trial exhibits at least five days prior to the Final Status Conference. Any exhibits not exchanged will be excluded from trial.