Judge: Laura A. Seigle, Case: 20STCV21434, Date: 2023-03-13 Tentative Ruling

Case Number: 20STCV21434    Hearing Date: March 13, 2023    Dept: 15

[TENTATIVE] ORDER RE MOTIONS IN LIMINE

Plaintiffs’ MIL Bankruptcy Trust Claims

Plaintiffs move to exclude evidence about bankruptcy trust claims.  Pursuant to the July 8, 2022 CMO the motion to exclude evidence of other bankruptcies is deemed made and granted.  Defendants did not file oppositions.

The motion is granted.

Plaintiffs’ MIL Re Permissible Exposure Limits

Plaintiffs move to exclude evidence about permissible exposure limits established by government regulations as irrelevant, confusing, and requiring an undue amount of time.  An expert may be able to show that government regulations about permissible exposure limits are the type of information experts in the field rely upon.  In that case, Plaintiffs can cross-examine the expert about whether the regulations are applicable to the exposures alleged in this case.  The issues raised by Plaintiffs, such as regulations applying to the workplace, go to the weight to be given the evidence, and Plaintiffs can argue the jury should give the exposure limits no weight.

            The motion is denied without prejudice to objections at trial.

Plaintiffs’ MIL Re Proximate Cause

            Plaintiffs seek to preclude testimony about “but for” causation.  Pursuant to the July 8, 2022 CMO, this motion is deemed made and denied so long as the court intends to use CACI 435.  Decisions about jury instructions are for the trial court.   Plaintiffs did not show good cause to depart from the CMO.

            The motion is denied without prejudice so long as the trial court intends to use CACI 435.

Plaintiffs’ MIL Re Background Exposure

            Plaintiffs move to exclude all reference to background asbestos as speculative and irrelevant.  An expert may be able to establish a foundation for the existence and relevance of background asbestos.  Also, pursuant to the July 8, 2022 CMO, motions to exclude evidence as speculative are deemed made and denied.  Plaintiffs did not show good cause to depart from that order.

            The motion is denied without prejudice to objections at trial.

The moving party is to give notice.

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