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Motions in Limine

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Garner v. BNSF Railway Co. (2024) 98 Cal. App. 5th 660

The trial court erred in granting defendant's in limine motions to exclude plaintiff's expert's testimony that his employment-related exposure to diesel fuel fumes and particulate matter was a substantial factor in causing his non-Hodgkins lymphoma.  To testify regarding causation, the experts did not have to rely on published epidemiological studies liking diesel fuel exposure to lymphoma.  There are many reasons… Read More

Vargas v. Gallizzi (2023) 2023 WL 6781376

Defendant denied requests for admission that certain hospital records were authentic and business records.  This decision holds that the trial court erred in failing to award plaintiff the cost of proving the records were business records under CCP 2033.420. The trial court erred in denying those costs on the ground that plaintiff did not prove the records were business records… Read More

Tung v. Chicago Title Co. (2021)

The trial court abused its discretion in denying plaintiff's motion to amend the complaint in response to the trial court's ruling, before trial, on a motion in limine that plaintiff could not introduce evidence of attorney fees as damages under the tort of another theory because those damages were not alleged in the complaint.  Plaintiff sought leave to amend to… Read More

Plascencia v. Deese (2021)

The trial court prejudicially erred in granting plaintiff's in limine motion to exclude defendant from introducing evidence and seeking allocation of fault to two defendants (the State of California and an adjoining landowner) which had settled out of the case before trial.  Under Prop. 51, a defndant is entitled to have the jury allocate fault (and thus the share of… Read More

Reales Investment, LLC v. Johnson (2020)

The trial court did not abuse its discretion in entering an in limine motion that effectively prevented plaintiff from presenting any evidence at trial.  Plaintiff had not complied with the superior court's local rule requiring an exchange of exhibits and witness lists a week before trial.  Also, plaintiff had not responded to defendant's written discovery or presented its witnesses for… Read More

Kinda v. Carpenter

A trial judge has discretion to dispose of a case or claim on the merits in the course of ruling on a motion in limine, but must do so using the normal nonsuit standard of review.  Read More