Judge: Laura A. Seigle, Case: 22STCV17273, Date: 2023-04-24 Tentative Ruling

Case Number: 22STCV17273    Hearing Date: April 24, 2023    Dept: 15

[TENTATIVE] ORDERS RE MOTIONS IN LIMINE

Defendants’ MIL No. 1

            Defendant Greene, Tweed & Co. moves to exclude testimony and videos from William Longo and John Templin about work simulations and installing and removing materials because the simulations and videos do not show conditions similar to John Lewis’ exposure.  Defendant argues the simulations and videos took place in small sealed chambers, used improper testing methods, and will be confusing to the jury because the conditions are so different.  Whether the testing methods used are appropriate “goes to the weight and not the admissibility of the opinions.”  (Strobel v. Johnson & Johnson (2021) 70 Cal.App.5th 796, 811-812.)  At trial, Defendant can cross-examine the experts about the similarities and differences of Lewis’ exposure to the conditions shown in the videos and argue the jury should give the videos no weight because of the different conditions. 

            Defendant filed a declaration attaching numerous rulings by other courts, including federal courts and other state courts, excluding the evidence.  The exclusion of expert evidence is governed by different law in federal court and other states.  Many of the exhibits are impossible to read because they have been copied so many times.

            The motion is denied without prejudice to objections at trial.

Defendants’ MIL No. 1

            Defendant The William Powell Company seeks to exclude all evidence and claims of exposure not previously disclosed in discovery.  Pursuant to the July 8, 2022 CMO, this motion is deemed made and denied.  Defendant did not show good cause to depart from that order.  Therefore, the motion is denied without prejudice to objections at trial.

            Regarding the late produced blueprint, Defendant can take John Lewis’ deposition for a total of two hours to ask solely about the blueprint, to be completed by May 4, 2023.

            The moving party is to give notice.