Judge: Stephanie M. Bowick, Case: 20STCV17267, Date: 2023-08-11 Tentative Ruling

DEPARTMENT 19 LAW AND MOTION RULINGS
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Case Number: 20STCV17267    Hearing Date: August 15, 2023    Dept: 19

After consideration of the briefing filed and oral argument a the hearings, the Court rules as follows:

1.  Defendant Heffernan Insurance Broker's Motion In Limine No. 1 To Exclude Expert Opinion Testimony From Frederick Berry is GRANTED in part and RESERVED in part.  Mr. Berry is precluded from testifying about any other standard of care for an insurance broker or marketer except that which applies in the State of California.  The Court will conduct a 402 hearing regarding remaining aspects of Mr. Berry's testimony. The rulings below limit his testimony. 

2. Defendant Heffernan Insurance Broker's Motion In Limine No. 2 To Exclude Opinion Testimony From F. William Griffeth is GRANTED. The Court finds, as argued by Defendant, that Mr. Griffeth should have been designated as a "retained" expert under California Code of Civil Procedure section 2034.260. The Court finds Plaintiff's arguments that Mr. Griffeth is a "non-retained" expert are without merit.  It is undisputed that Mr. Griffeth was hired by Plaintiff's retained expert Mr. Frederick Berry after the litigation commenced and the issue of COVID-19 did not relate to Mr. Griffeith's everyday insurance work.  Mr. Griffeth was specifically hired to do research for Mr. Berry and provide his opinion to Mr. Berry regarding the availability virus-related insurance related to the instant litigation.  Accordingly, Mr. Griffeth is precluded from testifying as an expert at trial. 

3. Defendant Heffernan Insurance Broker's Motion In Limine No. 3 To Preclude Plaintiff's Expert Frederick Berry From Testifying To Hearsay Statements Made By F. William Griffeth is GRANTED.  

4.  Defendant Heffernan Insurance Broker's Motion In Limine No. 4 To Exclude Speculative Testimony Concerning Available Insurance Coverage or Possible Policy Terms is GRANTED.  Plaintiff is precluded from presenting speculative testimony concerning "possible" insurance coverage that may have been available in December 2019 or possible policy terms.