Sohal et al v. Federal Home Loan Mortgage Corporation et al

Filing 148

ORDER Granting as Unopposed 119 Motion in Limine No. 1; DENYING 122 Motion in Limine No. 4; GRANTING IN PART 123 Motion in Limine No. 5; and issuing tentative ruling and questions on remaining motions in limine. Signed by Judge Jeffrey S. White on January 24, 2013. (jswlc3, COURT STAFF) (Filed on 1/24/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROBERTA SOHAL, et al.,

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For the Northern District of California

United States District Court

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No. C 11-01941 JSW

Plaintiffs,
v.

ORDER RE MOTIONS IN LIMINE

FEDERAL HOME LOAN MORTGAGE
CORPORATION,et al.,

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Defendants.
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The Court has considered the parties’ motions in limine, the opposition briefs, and

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relevant legal authority, and it finds that several of the motions in limine can be resolved

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without oral argument. See N.D. Civ. L.R. 7-1(b). The Court shall not hear oral argument on

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any motion in limine that it definitively resolves in this Order, and this Order shall constitute

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the Court’s final ruling on those motions.

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The Court also issues its tentative ruling on several motions in limine and the parties

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shall be prepared to address any questions set forth in this Order at the Final Pretrial

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Conference. They shall not submit additional briefing on these questions.
Final Rulings on Plaintiffs’ Motions in Limine

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1.

The Court grants, as unopposed, the motion to exclude any written evidence of

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agency not produced in discovery. (Docket No. 119.) However, the Court notes that this ruling

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shall apply to all parties and all evidence. That is, any evidence requested, but not produced in

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discovery, shall not be admitted at trial. If any party objects to the admission of evidence on

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this basis, the objection must be supported with the specific discovery request and the responses

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thereto.

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2.

The Court denies the motion exclude evidence regarding the character of Taj

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Lockett (Docket No. 122) on the basis that this evidence is relevant to Ms. Locket’s credibility,

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whether or not she testifies at trial.

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3.

The Court grants, in part, as unopposed the motion to preclude the expert

categories 2 through 5 of Ms. Greenfield’s report. Any evidence by Ms. Greenfield regarding

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Ms. Lockett shall be governed by the ruling on Plaintiffs’ motion in limine number 2, as set

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forth above. The Court shall permit testimony on categories 1 and 8, but any such testimony

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For the Northern District of California

testimony of Julia Leah Greenfield (Docket No. 123) and shall exclude any testimony regarding

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United States District Court

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shall be limited to standard industry practices.

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Tentative Rulings on Plaintiffs’ Motions in Limine

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1.

To exclude evidence that Plaintiffs’ lacked the ability to cure the loan default

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(Docket No. 120): The Court tentatively denies the motion. However, the Court is tentatively

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inclined to permit Plaintiffs to explain why they did not cure the alleged default, if Defendants

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introduce such evidence.

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2.

To exclude unwritten evidence of agency regarding the beneficial interest in the

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deed of trust (Docket No. 121): The Court tentatively denies the motion on the basis that the

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statute of frauds does not apply, and unwritten evidence would be relevant to whether Wells

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Fargo was authorized to act as Freddie Mac’s agent in a beneficiary capacity.

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a.

Plaintiffs refer the Court to Section 66.17 of Freddie Mac’s servicing guide. Do

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Defendants contend that they complied with the second full paragraph of that

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provision and, if so, is there evidence of such an assignment?

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Tentative Rulings on Defendants’ Motions

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1.

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Brenda Wade and Roger Freed (Docket No. 109): The Court tentatively grants this motion.

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To exclude any and all evidence of emotional distress including expert testimony by

a.

What is Plaintiffs’ response to question 3 of the Order in Advance of Pretrial
Conference (Docket No. 144)?
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b.

Courts have held that, where economic injury is involved, “‘unless the defendant

is an object, recovery is available only if the emotional distress arises out of the

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defendant’s breach of some other legal duty and the emotional distress is

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proximately caused by [breach of the independent duty]. Even then, with rare

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exceptions, a breach of the duty must threaten physical injury, not simply

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damage to property or financial interests.’” Ehrlich v. Menzies, 24 Cal.4th 543,

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555 (1999) (quoting Potter v. Firestone Tire & Rubber Co., 6 Cal.4th 965, 985

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(1993); see also Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980) (noting that

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landlord had duty to tenant to maintain premises in safe and habitable condition).

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For the Northern District of California

has assumed a duty to plaintiff in which the emotional condition of the plaintiff

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United States District Court

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What evidence can Plaintiffs put forth, if any, to show that Defendants owed

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them a special duty such that emotional distress damages would be warranted?

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2.

To exclude testimony regarding wrongful foreclosure on theories other than the

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ones presented in Plaintiffs’ motion for summary judgment (Docket No. 110): The Court

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tentatively denies this motion, but would be inclined to require a limiting instruction that it

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goes solely to the issue of whether the defendants acted with malice or oppression.

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3.

To exclude testimony regarding Plaintiffs’ business and the nature thereof

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(Docket No. 111): The Court tentatively denies this motion, but would be inclined to require a

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limiting instruction that it goes solely to the issue of whether the defendants acted with malice

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or oppression.

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4.

Court tentatively grants this motion.
a.

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To exclude evidence of the unlawful detainer proceedings (Docket No. 112): The

Do Defendants contend that Plaintiffs have not asserted a claim for unlawful
detainer?

b.

The elements of a tort claim for wrongful eviction are: (1) a plaintiff’s peaceable

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possession, and (2) the defendant’s forcible entry. See Spinks v. Equity

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Residential Briarwood Apartments, 171 Cal. App.4th 1004, 1040. What is

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Plaintiffs’ best argument that Defendants’ purported knowledge of the nature of
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their business would support the “forcible entry” element of this claim, given

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that they and their tenants have not been evicted?

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c.

Are Plaintiffs really contending that the unlawful detainer proceeding amounted

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to malicious prosecution? See Bertero v. National General Corp., 13 Cal. 3d 43,

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50 (1974) (elements of a malicious prosecution claim are: (1) defendant

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commenced a previous action and pursued it to a legal termination in plaintiff’s

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favor; (2) defendant brought the action without probable cause; and (3)

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defendant initiated the action with malice).

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Dated: January 24, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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