Judge: Laura A. Seigle, Case: 22STCV09296, Date: 2022-09-06 Tentative Ruling

Case Number: 22STCV09296    Hearing Date: September 6, 2022    Dept: 15

[TENTATIVE] ORDER RE MOTIONS IN LIMINE

Plaintiffs’ MIL Re “But For” Evidence

            Plaintiffs move to exclude evidence regarding “but for” or “proximate cause” tests for causation.  Pursuant to the July 8, 2022 CMO, motions regarding evidence of “but for” causation are deemed made and denied without prejudice to a contemporaneous objection at trial so long as the court intends to use CACI 435.  Plaintiffs did not show good cause to depart from this order.

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

Plaintiffs’ MIL Re Ambient Exposure

            Plaintiffs seek to preclude reference to background or ambient exposure to asbestos.  This motion is vague.  Experts may refer to background or ambient exposure to asbestos. 

            The motion is denied without prejudice to a contemporaneous objection at trial.

Plaintiffs’ MIL Re Workplace Exposure Limits

            Plaintiffs move to exclude evidence about workplace exposure limits as irrelevant, misleading, and time consuming because they regulate employers, not manufacturers or suppliers.  This is the type of material an expert may rely on, and it may be admissible if an expert proves it is the type of information relied upon by experts in the field.  .

            The motion is denied without prejudice to objections at trial.

Plaintiffs’ MIL Re Bankruptcy Trust Claims

            Plaintiffs move to preclude evidence of any bankruptcy claim form information.  This motion is too vague.  There may be information contained in the bankruptcy claim forms that is admissible.

            The motion is denied without prejudice to an objection at trial.

Defendants’ MILs

            Plaintiffs filed a non-opposition to a defense motion in limine regarding reference to Bendix.  No defense motion in limine was appears in the court docket.  Serving a document on File and Serve does not mean the document is automatically filed.  A party must separately file the document.  Therefore, the Court does not rule on any defense motion in limine.

            The moving party is to give notice.