Judge: Laura A. Seigle, Case: 22STCV08470, Date: 2022-11-01 Tentative Ruling

Case Number: 22STCV08470    Hearing Date: November 1, 2022    Dept: 15

[TENTATIVE] ORDER RE MOTIONS IN LIMINE AND TO BIFURCATE

Plaintiffs’ MIL No. 1

            Plaintiffs move to exclude reference to Defendants’ beliefs or positions about the issues in this case.  This motion is too vague.  The examples Plaintiffs give from a prior trial were determined by that trial judge as not improper.  If defense counsel says something Plaintiffs think is objectionable, Plaintiffs should object at that time. 

            The motion is denied without prejudice to objections at trial.

Defendants’ MIL No. 5

            Defendants seek to exclude evidence from the Saranac experiment in 1938 that mentions Experiment 774 observation of tumors in mice; characterizes Dr. Gardner’s observation of tumors in mice as providing proof or notice of a causal relationship between asbestos and cancer; refers to tumors or cancer in connection with Saranac research co-sponsored by Abex; or suggests Abex concealed or suppresses scientific results from Experiment 774.  Pursuant to the July 8, 2022 CMO, this motion is deemed made and granted.

            Plaintiffs argue the experiments show notice and that Pneumo Abex was sophisticated enough in the 1930s to be aware of the hazards of asbestos exposure.  Most of Plaintiffs’ brief consists of long discussions of decisions in non-asbestos cases.  Plaintiffs do not address the July 8, 2022 CMO or the specific issues raised in Defendants’ motion about flawed data in connection with Experiment 774.  Therefore, Plaintiffs failed to show good cause to depart from the July 8, 2022 CMO.

            The motion is granted.

Motion to Bifurcate

            Defendants moved to bifurcate punitive damages, except that Ford Motor Company opted out of the motion.  When a defendant moves to bifurcate, the court is required to preclude the admission of evidence of the defendant’s financial condition until after the trier of fact returns a verdict for plaintiff awarding actual damages and finds that the defendant is guilty of malice, oppression or fraud.  (Civ. Code § 3295, subd. (d).) 

            Therefore the motion to bifurcate is granted except not as to Ford Motor Company.  Admission of evidence as to any defendant, with the exception of Ford Motor Company, is precluded until a possible second phase of trial.

            The moving party is to give notice.