Judge Lee S. Arian, Case Number: 21STCV43745, Date: 2024-08-12 Tentative Ruling

Judge: Lee S. Arian, Case: 21STCV43745, Date: 2024-08-12 Tentative Ruling

Case Number: 21STCV43745 Hearing Date: August 12, 2024 Dept: 27

Hon. Lee S. Arian, Dept 27¿¿

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MOTION TO QUASH

Hearing Date: 8/12/24

CASE NO./NAME: 21STCV43745 ALAIN V. BONAVIDA vs JEREMY MESSOD ABESERA

Moving Party: Defendant Jeremy Abesera

Responding Party: Plaintiff

Notice: Sufficient¿¿¿

Ruling: MOTION TO QUASH IS DENIED WITHOUT PREJUDICE¿

Defendant Abesera seeks a court order to quash the subpoena duces tecum served on Defendant's criminal defense attorney, Louis Shapiro ("Shapiro"), by Plaintiff Alain V. Bonavida and to preclude Shapiro from presenting testimony at trial pursuant to Evidence Code sections 352, 350, and 355. Evidence Code section 352 allows the Court to exclude evidence if its probative value is substantially outweighed by the likelihood that its admission will necessitate undue consumption of time, create substantial danger of undue prejudice, or mislead the jury. Evidence Code section 355 permits the court to restrict evidence to its proper scope and instruct the jury accordingly when evidence is admissible for one party or purpose but not for another. These provisions are the basis for excluding evidence at trial through evidentiary objections or motions in limine. The Court notes that Defendant has already filed a motion in limine on this exact issue on May 2, 2024, and the parties attended the final status conference, stating that they are ready to proceed to trial. The Court finds it appropriate to deny this motion without prejudice, allowing Defendant to raise the issue again for the trial judge to consider at the time the judge rules on motions in limine.

PLEASE TAKE NOTICE:¿

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿