Judge: Laura A. Seigle, Case: 21STCV25218, Date: 2023-12-15 Tentative Ruling

Case Number: 21STCV25218    Hearing Date: January 2, 2024    Dept: 15

[TENTATIVE] ORDER RE MOTIONS IN LIMINE

Defendants’ MIL No. 1

Defendant Familian Corp. moves to exclude evidence and argument about a post-sale failure to warn.  Pursuant to the July 8, 2022 CMO, a motion to exclude evidence of a post-sale duty to warn and failure to conduct a recall or post-sale warning campaign is deemed made and denied so long as there is an operative negligence cause of action.  Defendant did not show good cause to depart from this order.

            The motion is denied without prejudice to objections at trial.

Defendants’ MIL No. 2

Familian moves to exclude references to damages amounts in voir dire and opening statements.  First, trial practices are not the proper subject of motions in limine, and the trial court will have its own rules about voir dire.  Second, if Plaintiffs have evidence to prove a certain amount of damages, they can state in opening that the evidence will prove that amount of damages.  If Plaintiffs fail to prove that amount, then in closing Defendants can emphasize Plaintiffs’ failure to satisfy their burden of proof.

            The motion is denied without prejudice to objections at trial.

Defendants’ MIL No. 3

Defendant Familian Corp. moves to exclude evidence that as a supplier, it had a duty to test or investigate products that it did not make.  Pursuant to the July 8, 2022 CMO, this motion is deemed made and denied so long as the case includes an operative negligence cause of action.  Defendant did not show good cause to depart from this order. 

            Therefore, the motion is denied without prejudice to objections at trial.

            The moving party is to give notice.