Judge: Joel R Wohlfeil, Case: 37-2021-00021625-CU-BT-CTL, Date: 2023-10-25 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - September 21, 2023
09/26/2023 09:00:00 AM C-73 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Joel R. Wohlfeil
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Civil - Unlimited Business Tort Civil Jury Trial 37-2021-00021625-CU-BT-CTL SILLMAN VS REYNOLDS [IMAGED] CAUSAL DOCUMENT/DATE FILED:
Motions in Limine Defendant EVELYN STEUERMANN No. 1 (# 858, 915): To exclude evidence of GoDaddy records – DENY.
Plaintiff STEVEN J. SILLMAN No. 1 (# 859, 920): To exclude evidence requested but not produced during discovery – DENY.
No. 2 (# 862, 921): To exclude witnesses known to Defendants but not disclosed during discovery – DENY.
No. 3 (# 865, 922): To strike affirmative defenses of Defendants – DENY.
No. 4 (# 868, 923): To exclude the First Amendment to Operating Agreement for Atlas Storage, LLC, or referring to the First Amendment to Operating Agreement for Atlas Storage, LLC – DENY.
No. 5 (# 871, 925): To admit evidence regarding Atlas Storage, LLC's financial condition – DENY.
However, the Court does not intend, by denying this motion, to exclude evidence regarding Atlas Storage, LLC's financial condition.
No. 6 (# 874): To admit out of court statements made by Michael Reynolds via his signature, texts and emails – DENY. However, the Court does not intend, by denying this motion, to exclude out of court statements made by Michael Reynolds via his signature, texts and emails.
No. 7 (# 877, 919, 926): To admit business records of GoDaddy.com. – DENY. However, the Court does not intend, by denying this motion, to exclude business records of GoDaddy.com.
No. 8 (# 880, 927): To admit evidence regarding Dixie Reynold's Felony DUI conviction and her discovery responses in the case of Karen Matz v. Dixie Reynolds et al. – DENY. However, the Court does not intend, by denying this motion, to exclude evidence regarding Dixie Reynold's Felony DUI conviction and her discovery responses in the case of Karen Matz v. Dixie Reynolds et al.
No. 9 (# 883, 928): To admit out of court statements made by Kristin Sillman via her texts, declarations, Calendar No.: Event ID: TENTATIVE RULINGS
3023451 CASE NUMBER: CASE TITLE: SILLMAN VS REYNOLDS [IMAGED] 37-2021-00021625-CU-BT-CTL and deposition testimony – DENY. However, the Court does not intend, by denying this motion, to exclude evidence of out of court statements made by Kristin Sillman via her texts, declarations, and deposition testimony.
Defendants DIXIE J. REYNOLDS, ATLAS STORAGE, LLC, ATLAS STORAGE CALIMESA, LLC, ATLAS STORAGE SOUTH BAY, LLC, ATLAS STORAGE YUCAIPA, LLC and REYNOLDS CAPITAL ASSETS, L.P.
No. 1 (# 888, 897): To bifurcate the trial in this case into a liability and a damage phase – DENY. The Court is not persuaded that judicial economy will be furthered by bifurcating this trial into two or more phases.
No. 2 (# 889, 900): To exclude evidence of counsel engaging in misconduct or suggests that counsel for any Defendant has engaged in actionable misconduct or acted as a co-conspirator regarding the matters at issue – DENY with the following admonition. This case has been contentious with counsel zealously advocating their respective clients' claims and defenses. The parties are entitled to rely on the advice of counsel but, ultimately, the parties are the principals who decide to accept (or not accept) their lawyer's advice. The Court does not speculate how, if at all, the participation of counsel may be relevant to the evidence of the claims and defenses. Regardless, counsel are admonished to keep their focus on the conduct and decisions of the parties and not to unreasonably attempt to make this case about opposing counsel.
No. 3 (# 890, 901): To exclude evidence of oral statements made by deceased witness / party in interest Mike Reynolds – DENY.
No. 4 (# 891, 904): To exclude evidence of Atlas consultant Terence Hannify, Justin Reynolds or any other person or entity of wrongdoing or conspiracy related to the matters at issue in this trial who have not been named as Defendants in this case – DENY.
No. 5 (# 892, 905): To exclude evidence of the value of the Atlas entities (including the amount of any purchase offers for same) prior to the jury's determination (if they should so find) that Plaintiff is entitled to punitive damages – DENY if relevant to one or more of the elements of Plaintiff's claims or Defendant's defenses, aside from Defendant's financial condition to assess the amount, if any, of punitive damages.
No. 6 (# 893, 908): To exclude evidence of substance abuse and related charges / arrest – DENY IN PART and GRANT IN PART. GRANT to exclude charges and arrest. Otherwise, DENY.
No. 7 (# 894, 911): To exclude evidence of Plaintiff's income earned from other sources including his personal businesses – DENY.
No. 8 (# 895, 912): To exclude evidence of the computer files and / or recordings claimed by Plaintiff to be recordings of a conversation or conversations with GoDaddy regarding his allegedly 'hacked' account – DENY.
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3023451