Judge: Laura A. Seigle, Case: 20STCV33346, Date: 2023-02-06 Tentative Ruling

Case Number: 20STCV33346    Hearing Date: February 6, 2023    Dept: 15

[TENTATIVE] ORDER RE MOTIONS IN LIMINE

Defendants’ MIL No. 1

Defendant Whittaker Clark & Daniels moves to preclude memos from Heinz Eiermann and Robert Schaffner as hearsay and irrelevant.  Plaintiffs argue the memos go to notice and knowledge.

            If the memos are used for a non-hearsay purpose, evidence of the memos may be admissible.  If Plaintiffs first establish that someone in the appropriate position at Defendant saw the articles during the relevant time period, the articles could be admissible for the non-hearsay purpose of notice or knowledge.  Also, an expert may rely on inadmissible hearsay, but may not tell the jury the contents of the hearsay unless the hearsay evidence is otherwise admissible. 

The motion is granted as to the contents of the memos unless and until Plaintiffs establish that someone in the appropriate position at Defendant during the relevant time knew of the articles.

            The moving party is to give notice.