Judge: Joseph Lipner, Case: 21STCV38805, Date: 2024-09-20 Tentative Ruling

Case Number: 21STCV38805    Hearing Date: September 20, 2024    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

             The Court rules as follow on the motions in limine filed by Defendant Alterra Mountain Company U.S., Inc. (“Defendant”):

Motion in Limine 1:  Denied.  Defendant’s motion constitutes a motion for summary judgment or summary adjudication with respect to its eighth affirmative defense.  This motion may not be brought in the form of a motion in limine.

Motion in Limine 2:  Denied.  Defendant’s motion is too generally phrased to be subject to a useful ruling on a motion in limine.  Defendant may raise objections to specific evidence at the time of trial if the evidence was subject to a discovery request and not disclosed in discovery.  In that regard, it appears that Plaintiff IBDC LLC (“Plaintiff”) and Defendant have not complied with the Court’s trial preparation order which requires the parties to (1) file a joint exhibit list; and (2) to meet and confer about the admissibility of the parties’ proffered exhibits.  Plaintiff and Defendant have also failed to file a joint witness.  Nor have they filed a joint pretrial binder.  The binder before the Court does not include any of Defendant’s jury instructions, proposed verdict forms, or any other defense document.  The Court will continue this Final Status Conference for a further final status conference prior to the September 30, 2024 trial so that Plaintiff and Defendant can comply with their pretrial obligations under the Court’s trial preparation order.

Motion in Limine 3:  Granted.  Neither party shall introduce evidence before the jury of any settlement negotiations.  To the extent that a party believes that such evidence is admissible, it must bring the issue to the Court’s attention outside the presence of the jury.