COUNTY OF VENTURA

Tentative Ruling

201900525298CUMM: Dobbert vs Los Robles 08/08/2023 in Department 21 Hearing on Motion in Limine

Case No.: 56-2019-00525298-CU-MM-VTA

Assigned for all Purposes to Judge: Hon. Jeffrey G. Bennett Department: 21

Motions in Limine

The court may adopt, modify or reject the tentative ruling following the scheduled hearing. This tentative ruling will have no legal effect unless adopted by the court.

The Court intends to rule as follows.

Plaintiff:

  1. Plaintiffs’ Motion in Limine 1: To Allow Counsel to Discuss Specific Sums During Voir Dire

No opposition filed.    Granted

(See, e.g., Wegner, et al., Cal. Prac. Guide Civ. Trials & Ev. (The Rutter Group 2013.)

  1. Plaintiffs’ Motion in Limine No. 2 To Preclude Defendant Expert Sandra Higelin, R.N., From Testifying Beyond the Scope of Her Expertise and Providing Unsupported Opinion

No opposition filed. Granted

Evidence Code § 801(b), Code of Civil Procedure section 2034.260(c)(2).    (Bonds v. Roy (1999) 20 Cal. 4th 140, 145)

Defense:

  1. Motion in Limine 1 Of Defendant Los Robles Regional Medical Center to Preclude Mentioning or Referring to Statements of Deficiencies Issued by the Department of  Public Health

Plaintiff’s opposition filed 7-31-23

Defense motion denied.    See Plaintiff’s opposition for authority.    In the presentation of evidence the Court invites objections to specific evidence, testimony, exhibits etc.

  1. Motion in Limine 2 Of Defendant Los Robles Regional Medical Center to Preclude Plaintiff’s Expert Called on Behalf of Plaintiffs From Rendering Testimony on Legal  Opinions, Interpretations, and Conclusions of Law

Plaintiff’s opposition filed 7-31-23

Defense motion denied. See Plaintiff’s opposition for authority. Cal Ev Cd sec 801, 805. In the presentation of evidence, the Court invites objections to specific evidence, testimony, exhibits etc.

  1. Motion in Limine No. 3 Defendant Los Robles Regional Medical Center to Preclude Plaintiff’s Counsel, or Any of Their Witnesses, From Using Or Arguing That Hospital  Policies and Procedures Define The Standard of Care

Plaintiff’s opposition filed 7-31-23

Defense motion denied.    See Plaintiff’s opposition for authority.    In the presentation of evidence the Court invites objections to specific evidence, testimony, exhibits etc.

  1. Motion in Limine 4 of Defendant Los Robles Regional Medical Center to Preclude Evidence of Prior Suits or Claims

Plaintiff’s opposition filed 7-31-23

Defense motion denied.    See Plaintiff’s opposition for authority.    Cal Ev Cd sec 1101(b) (“…knowledge…” In the presentation of evidence, the Court invites objections to specific evidence, testimony, exhibits etc.

 

  1. Motion in Limine 5 Defendant Los Robles Regional Medical Center to Preclude Plaintiff’s Use of the Irrelevant and Prejudicial “Reptile Theory”

Plaintiff’s opposition filed 7-31-23

Defense motion denied.    See Plaintiff’s opposition for authority.    In the presentation of evidence the Court invites objections to specific evidence, testimony, exhibits etc.