Tag Archives: motion in limine

Fundamental Evidentiary Issues – Avoiding Exclusion of Your Opinion of Value and Comparable Sales

In an unpublished opinion filed this week, the California Court of Appeal confirmed two fundamental evidentiary rules related to eminent domain matters: A witness intending to testify to an opinion of value must exchange a statement of valuation data; and A witness will be precluded from testifying to a comparable sale if it is determined … Continue Reading

Motions in Limine May be Used in Eminent Domain Proceedings to Determine Party’s Interest in Property

"Motions in limine" are motions made shortly before trial, and they’re typically filed in an attempt to limit the introduction of evidence to the jury.  They are a powerful tool in eminent domain proceedings, and can be used to limit an appraiser’s comparable sales, valuation methodology, or even the expert’s entire testimony.  In a recent … Continue Reading

A Motion in Limine Strikes Again

A couple of weeks ago, the California Court of Appeal issued a decision that discussed an attorney malpractice lawsuit known as a “settle and sue” case, where the client settles whatever litigation in which they are embroiled, then turns around and immediately sues their attorney. (Filbin v. Fitzgerald, 2012 WL 5857331). Incidentally, that malpractice action stemmed from an … Continue Reading
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