Judge: Shirley K. Watkins, Case: LC102618, Date: 2023-05-23 Tentative Ruling

Case Number: LC102618    Hearing Date: May 23, 2023    Dept: T

LC102618 ANIL SHARMA VS. ZAMINDARI TRUST


Tentative rulings: Motions in limine

  1. To preclude any party or witness from referring to Armen Ter Oganesian as a Contractor on this project:  Grant.  The court finds it irrelevant and prejudicial.
  2. To preclude evidence as to breach of any professional duty of care: :  Grant.  The court finds it irrelevant and prejudicial.
  3. To preclude any publication of actual corrections on places of Project #1: Grant.  The court finds it irrelevant and prejudicial.
  4. To preclude any publication of actual corrections on places of Project #2: Grant.  The court finds it irrelevant and prejudicial.
  5. To preclude any evidence of value of the land contradictory to owner’s opinion of value in 2014 and value in 2022-2023: Grant.  The court finds it to be irrelevant.
  6. To preclude any evidence that no building was erected, or the land cannot sell because of the lawsuit: Grant.  The court finds it irrelevant, speculative, and prejudicial.
  7. To preclude any evidence of emotional distress: Grant.  These damages are not claimed in the cross-complaint.
  8. To preclude any evidence of damages from inability to collect rent:  Grant.  This is speculative.

Motion to Exclude Steve Cohen, Steve Norris, and Sam Chang from Testifying: Grant for the reasons set forth in the moving papers.

Reconsideration of Motion to Sever: It is the court’s intention, on its own motion, to reconsider its order of 11/8/2019 and to hear additional argument on the previously determined Motion to Sever at the FSC on 5/23/2023.  The court is now of the opinion that it would be in the interests of justice to try the equitable issues to the court first.

Advancement of the Trial Date: With the expiration of the 5 year now set 6/1/2023, it is probable at the FSC that the court will advance the trial to May 25 at 10:00 a.m. as a bench trial on equitable issues.  Counsel should be prepared for that order.