Judge: Joel R Wohlfeil, Case: 37-2020-00027698-CU-WT-CTL, Date: 2024-03-19 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - March 10, 2024
03/11/2024 08:30:00 AM C-73 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Joel R. Wohlfeil
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Civil - Unlimited Wrongful Termination Civil Jury Trial 37-2020-00027698-CU-WT-CTL MAYFIELD VS AEROTEK INC [E-FILED] CAUSAL DOCUMENT/DATE FILED:
Motions in Limine Defendants AEROTEK, INC. and CHRISTOPHER NELSON (incorrectly identified as 'KIT NELSON') No. 1 (# 257, 316): To exclude evidence of alleged defamation or discrimination against any persons other than Plaintiff - DEFER No. 2 (# 259): To exclude evidence of subjective opinions by Plaintiff or her witnesses regarding the reasons for, or fairness of, Defendants' decisions – DENY.
No. 3 (# 263): To exclude evidence of evidence of the military service of Plaintiff's husband Nicholas Mayfield ('Mr. Mayfield') – DENY.
Defendants' Request (ROA # 265) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice of Exh. '1' and declines to take judicial notice of Exh. '2.' No. 4 (# 267): To exclude evidence of Plaintiff's military service – DENY.
Defendants' Request (ROA # 269) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice of Exh. '1' and declines to take judicial notice of Exh. '2.' No. 5 (# 273): To exclude evidence regarding any other actions or claims filed against Aerotek – GRANT.
No. 6 (# 276, 321): To exclude evidence of alleged economic damages Plaintiff did not identify in response to Defendants' requests for production of documents or supplemental requests, and to preclude Plaintiff from recovering economic damages – including lost wages – after April 8, 2023 as a result of her failure to produce any documentation of her continued employment after that date – DENY.
No. 7 (# 279): To exclude evidence of the size or financial status of the law firms representing the parties – GRANT.
No. 8 (# 287): To exclude evidence relating to the profits or financial condition of Defendants until such a time as the damages or punitive damages phases are reached – GRANT.
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3101678 2 CASE NUMBER: CASE TITLE: MAYFIELD VS AEROTEK INC [E-FILED] 37-2020-00027698-CU-WT-CTL No. 9 (# 281): To exclude evidence of Plaintiff's alleged emotional distress beyond any garden-variety emotional distress damages and beyond what is permitted by the Court's November 17, 2023 sanctions order – GRANT IN PART and HEAR IN PART. GRANT to enforce the Court's 11-17-23 order; however, HEAR on the scope of the order.
No. 10 (# 284, 322): To preclude Plaintiff from calling Oscar Figueroa and any other witnesses at trial that she did not identify in her responses to Defendants' Special Interrogatories, Form Interrogatories – general, Form Interrogatories - Employment, and subsequent supplemental interrogatories – DENY.
No. 11 (# 289): To preclude comment upon the fact that non-residents witnesses will not be appearing to testify at trial in Plaintiff's case-in-chief – DENY.
No. 12 (# 292): To exclude testimony regarding Plaintiff's alleged marital issues – DENY.
No. 13 (# 295): To exclude Plaintiff's treating physicians from being introduced at trial – Plaintiff does not appear to have filed an opposition to this motion. GRANT. Plaintiff did not identify her treating physicians in her expert disclosure list.
No. 14 (# 298): To preclude Plaintiff's husband Nicholas Mayfield ('Mr. Mayfield') from testifying at trial – DENY.
No. 15 (# 301): To preclude Plaintiff from testifying about Nelson's alleged defamatory statement at issue in this case – DENY.
Defendants' Request (ROA # 303) for judicial notice is DENIED.
No. 16 (# 305): To exclude Plaintiff's testimony that she would have been promoted from recruiter trainee to recruiter at Aerotek, what she would have earned in that position, what her lost wages to date have been, and what her future lost wages would be – DENY.
Plaintiff TIMEEKA MAYFIELD No. 1 (# 273): To exclude evidence of Plaintiff's unrelated pregnancies and outcomes – DENY.
Defendants' Request (# 315) for judicial notice is DENIED.
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