Judge: Laura A. Seigle, Case: 22STCV12696, Date: 2024-01-08 Tentative Ruling

Case Number: 22STCV12696    Hearing Date: January 22, 2024    Dept: 15

[TENTATIVE] ORDER RE MOTION IN LIMINE

Defendants’ MIL No. 7

Defendant Union Carbide filed a motion to exclude all references to any fiber suppliers other than Hamilton because Plaintiffs did not designate any testimony or experts on any other suppliers.  Defendant argues that Plaintiffs did not list any former testimony about it supplying fiber to Amcord, Vanderbilt, Kelly-Moore or Kaiser Gypsum.  Plaintiffs argue it has evidence that Defendant sold to Kelly-Moore, Kaiser Gypsum, and Amcord, including invoices, purchase contracts, and sales reports, as well as Defendant’s discovery responses about sales to various manufacturers.

The court cannot predict what documents will come into evidence and whether Plaintiffs will be able to prove that Defendant sold asbestos to various manufacturers.  That Plaintiffs did not designate certain deposition testimony from former cases does not mean as a matter of law they cannot prove their claims through some other evidence.  It is not the place of a motion in limine to conclude that Plaintiffs have no evidence of a particular fact.  The court has no business on a motion in limine to review all of the evidence that could potentially be admitted at trial and decide whether the evidence is sufficient for Plaintiffs to prove their case.

            The motion is denied without prejudice to objections at trial.

            The moving party is to give notice.