Judge: Theresa M. Traber, Case: 19STCV44842, Date: 2025-03-11 Tentative Ruling

Case Number: 19STCV44842    Hearing Date: March 11, 2025    Dept: 47

The Court has considered the papers filed in support of and in opposition to Defendants’ motion for reconsideration of the Court’s ruling granting Motion in Limine No. 3, seeking to preclude Defendants from introducing any evidence re Medical Board actions against Plaintiff’s Expert, Robin Bernhoft, M.D. 

Defendants contend that the Court should reverse its ruling based on a December 27, 2024 order from the Executive Director of the Medical Board of California allegedly “accepting the surrender of Dr. Bernhoft’s license because he failed to meet the probationary requirements of the Medical Board’s Revocation and Suspension Order.”  (Defendants’ Supplemental Brief, p. 2.)  Defendants argue that this Order tends to disprove Dr. Bernhoft’s testimony that he was not required to have his practice monitored when he was treating Plaintiff Ophir Gottlief and, thus, should be admitted to challenge his credibility.

The Court denies the reconsideration motion and reaffirms its prior ruling that the Medical Board actions are not admissible under Evidence Code sections 350 and 352.  The statements by defense counsel about the reasons for the surrender of Dr. Bernhoft’s license are not substantiated by any evidence.  Clearly, defense counsel’s statement that the reason was Dr. Bernhoft’s failure to meet the monitoring requirements is without foundation and inadmissible.  (Maxwell Decl., Para. 13.)  Nor does the Order reflect this reason for the surrender.  (Exh. 4.)  Instead, it merely states that Dr. Bernhoft has the right under the disciplinary action, “if [he] ceases practicing due to retirement, health reasons, or is otherwise unable to satisfy the terms and conditions of probation, [to] request voluntary surrender of [his] license.”  (Id., Para. 5.)  Nowhere in the voluntary surrender order does it indicate whether Dr. Bernhoft’s request arose from his retirement, health reasons, or some other basis. 

The Court reaffirms its prior order granting Plaintiff’s motion in limine for the reasons stated in that ruling, but notes that Defendants may submit evidence that Dr. Bernhoft voluntarily gave up his medical license in December 2024.