Judge: Theresa M. Traber, Case: 20STCV13806, Date: 2022-09-13 Tentative Ruling

Case Number: 20STCV13806    Hearing Date: September 13, 2022    Dept: 47

20STCV13806 PHILLIP PIVOVAROFF vs MICHELS CORPORATION

Tentative rulings on Plaintiff’s Motions in Limine # 5 and #6

Plaintiff’s MIL #5:  seeking exclusion of any evidence withheld by Defendants in violation of the Court’s Order dated December 13, 2021, specifically any evidence that Defendants engaged in the interactive process with Plaintiff or accommodated him and any evidence that an investigation into demotion was done; with request for sanctions

RULING:  DENIED.

Defendants’ procedural objections are overruled.  In light of the continuance of the Final Status Conference and the date of the subject deposition, Plaintiff’s motion in limine was not untimely.  Motions in limine were due on January 12, 2022 for the February 8, 2022 Final Status Conference.  Since the deposition at issue was taken on January 18, 2022, a motion in limine could not have been timely filed for the February 8, 2022 Final Status Conference.  Further, on April 18, 2022, when the Court continued the trial and FSC dates, the Court explicitly stated that Plaintiff’s MIL #5 and #6 remained to be ruled on and granted Defendants leave to file opposition in advance of the continued FSC.

On the merits of the MIL, Plaintiff has not demonstrated a failure to comply with the Court’s December 13, 2021 order so it is not proper for the Court to impose the issues sanctions sought by Plaintiff.  Plaintiff may attack the witness’s testimony as vague, evasive, incomplete, or not credible at trial.  Sanctions are not warranted, nor have they been properly noticed in Plaintiff’s motion in limine.     

Plaintiff’s MIL #6:   seeking exclusion of the testimony and report of Defendants’ expert, David Fractor, because he has not been produced for deposition, nor has his report been provided. 

RULING:  GRANTED, without opposition, pursuant to Code of Civil Procedure section 2034.300(c) and (d).