Judge: Laura A. Seigle, Case: 21STCV24675, Date: 2023-04-24 Tentative Ruling

Case Number: 21STCV24675    Hearing Date: April 24, 2023    Dept: 15

[TENTATIVE] ORDER RE MOTIONS IN LIMINE

Defendants’ MIL No. 1

            Defendant Signify North America Corporation moves to bifurcate trial on the issue of its successor liability.  Because this motion is specific to this defendant and because this defendant has been dismissed, the motion is moot and is taken off calendar.

Defendants’ MIL No. 1

Defendant Whittaker Clark & Daniels, Inc. seeks to exclude memos from Heinz Eiermann and Robert Schaffner as hearsay and irrelevant.  The parties stipulated that this motion is deferred until after the completion of Defendant’s PMK deposition, which has not yet occurred.  Therefore, this motion is denied as untimely.

Defendants’ MIL No. 2

Defendant Signify North America Corporation moves to exclude non-expert testimony about the asbestos content of products to which Plaintiff David Rody was exposed.  Pursuant to the July 8, 2022 CMO, this motion is deemed made and denied.  Defendant did not show good cause to depart from this order.  Therefore, the motion is denied without prejudice to objections at trial.

Defendants’ MIL No. 2

            Defendant Whittaker Clark & Daniels, Inc. seeks to exclude documents relating to or authored by any other defendant or entity.  This is vague and overbroad.  For example, it would exclude all scientific articles used by experts unless the article was written by Whittaker Clark & Daniels.  Regarding evidence relating to Imerys and Johnson & Johnson, the parties stipulated that the trial judge will rule on specific documents as they are introduced at trial.

            The motion is denied without prejudice to objections at trial.

The moving party is to give notice.