Motions in Limine
33.) These allegations are insufficient to show that defendants engaged in a violation of the Unlawful Competition Law.
The demurrer as to all three causes of action is sustained with 20 days’ leave to amend.
Counsel for the parties are reminded to follow the California Rules of Court when submitting pleadings and motions.
2023-1368679 The Court notes no oppositions filed to any defense MIL. The Court rules Deleon vs. FCA as follows: US, LLC. Defense MIL 1: Granted. Defense MIL 2: Granted. Defense MIL 3: Granted in part; plaintiff may not rely on unreported complaints as repair opportunities, without prejudice to specific trial objections. Defense MIL 4: Granted. Defense MIL 5: Granted subject to the Evidence Code and Code of Civil Procedure and subject to offers of proof. Defense MIL 6: Granted in part; no hearsay complaints, internet postings, or other lawsuits absent independent admissibility and foundation. Defense MIL 7: Denied without prejudice, or granted only in the limited manner discussed above. Defense MIL 8: Granted in part; post-warranty complaints or repairs are excluded unless plaintiff establishes relevance to a defect first presented during the warranty period.
2024-1429127 Defense MIL No. 1 is GRANTED, without objection. Pursuant to Gonzalez vs. Civil Code section 3295(d), evidence of defendant’s profits, net Sewcalpros, LLC worth, financial condition, or similar wealth evidence shall not be introduced unless and until the trier of fact first returns a verdict awarding compensatory damages and finds by clear and convincing evidence that defendant acted with malice, oppression, or fraud. Any issue concerning the presentation of financial-condition evidence shall be heard outside the presence of the jury before such evidence is offered.
Defense MIL No. 2 is GRANTED IN PART and DENIED IN PART. Plaintiff may not introduce at trial any document that was responsive to defendant’s discovery requests but was not produced during discovery unless plaintiff first establishes outside the presence of the jury that the failure to produce was substantially justified or harmless. Defendant’s request for a blanket exclusion order as to broad categories of evidence is denied without prejudice. Any disputed item shall be addressed under Evidence Code section 402 before being shown to the jury.
Defense MIL No. 3 is DENIED IN PART, WITHOUT PREJUDICE. While Plaintiff may not introduce hearsay,
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”