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TRUSTEES OF THE SOUTHERN CALIFORNIA PIPE TRADES HEALTH AND WELFARE TRUST FUND v. C H STONE PLUMBING CO. INC., CV 13-1339 GAF (SPx). (2014)

Court: District Court, C.D. California Number: infdco20140514a19 Visitors: 6
Filed: May 13, 2014
Latest Update: May 13, 2014
Summary: CIVIL MINUTES — GENERAL GARY ALLEN FEESS, District Judge. Proceedings: (In Chambers) RULING ON EVIDENTIARY OBJECTIONS The following sets forth the Court's ruling on objections to testimony submitted in declaration form. A. PLAINTIFF'S OBJECTIONS Declaration of David Dean Page: Line Objection Ruling 7:15-16 Hearsay SUSTAINED if offered for truth of matter asserted. Court will admit it for the limited purpose of impe
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CIVIL MINUTES — GENERAL

GARY ALLEN FEESS, District Judge.

Proceedings: (In Chambers)

RULING ON EVIDENTIARY OBJECTIONS

The following sets forth the Court's ruling on objections to testimony submitted in declaration form.

A. PLAINTIFF'S OBJECTIONS

Declaration of David Dean

Page: Line Objection Ruling 7:15-16 Hearsay SUSTAINED if offered for truth of matter asserted. Court will admit it for the limited purpose of impeachment as a purported inconsistent statement with respect to Campos's testimony. 7:16-17 Hearsay SUSTAINED. 10:2-4 Hearsay; improper legal The evidence will be received for the conclusion limited purpose of establishing Dean's state of mind to the extent it is relevant. SUSTAINED as to all other purposes.

B. DEFENDANTS' OBJECTIONS

Declaration of Jeffrey Goss

Page: Line Objection Ruling 6:1-2 No Foundation To the extent that the testimony is based on information provided by Campos, it would be admissible as a prior consistent statement by Campos regarding what he knew at the time. The Court would admit it for that limited purpose. For other purposes the objection is SUSTAINED.

Declaration of Michael Jung

Page: Line Objection Ruling 2:23-27 Best evidence; hearsay OVERRULED. The evidence establishes context regarding Exhibit 42, which is the best evidence of its content. 4:21-24 Best evidence; hearsay; OVERRULED. The objections go to relevance weight and not admissibility. 4:24-28 Foundation; hearsay; OVERRULED. conclusion; best evidence 4:28-5:3 Best evidence; hearsay OVERRULED. 5:3-8 Best evidence. SUSTAINED.

Declaration of Mike Layton

Page: Line Objection Ruling 4:24-27 Conclusion and lacks OVERRULED. foundation

Declaration of Angela Panomchai

Page: Line Objection Ruling 4:3-8 Best evidence. OVERRULED. 4:19-22 Foundation OVERRULED. The declarant's description of her work history and job duties establishes a sufficient foundation. 4:22-5:3 Foundation OVERRULED. The declarant's description of her work history and job duties establishes a sufficient foundation. 5:26-28 Foundation; conclusion OVERRULED. The declarant's description of her work history and job duties establishes a sufficient foundation. 8:24-26 Foundation; conclusion OVERRULED. The declarant's description of her work history and job duties establishes a sufficient foundation. 8:1-7 Relevance OVERRULED. 9:10-12 Speculation OVERRULED. 9:21-23 Opinion; relevance OVERRULED. 10:24-27 Conclusion; foundation OVERRULED.

IT IS SO ORDERED.

Source:  Leagle

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