Well... when you say A motion in limine cannot be struck. The proper action is to either demand withdrawal of the motion under CCP 128.7 -- or, to simply oppose the motion on its merits.
Opposing counsel writes in POA filed concurrently with MIL:
B.. ANY DECLARATION. EXHIBIT OR SUPPORTING DOCUMENT
5 II SUBMITTED WITH PETITIONER'S
6 II MOVING. RESPONDING OR SUPPLEMENTAL PAPERS IS HEARSAY,
7 II MUST BE STRICKEN. AND CANNOT BE CONSIDERED BY THE COURT
8 II 7. " (a) "Hearsay evidence" is evidence of a statement that was made other than
9 II by a witness while testifying at the hearing and that is offered to prove the truth of the
10 II matter stated. (b) Except as provided by law, hearsay evidence is inadmissible.
11 II California Evidence Code § 1200. Here, Petitioner attempts to request relief and/or
12111assert his claims via the use of myriad letters, reports and/or private records-all of which
13 are being offered for the truth of the matter asserted, and all of which lack the necessary
1411foundation that would permit their admission into evidence. For example, Petitioner's
15 moving papers filed March 5, 2012 rely upon the alleged statements of a mental health
16 II professional to assert the validity of his claims. As discussed above, res judicata
17 II prohibits Petitioner from introducing documentation pertaining to the issues resolved via
18 II the parties' stipulated Judgment But such statements are disallowed as hearsay,
19 II regardless. Thus, all statements proffered by the Petitioner for the same purpose are
20 IIinadmissible as hearsay, as are the attachments and/or exhibits subrnitted by Petitioner
21 with all of his remaining filings, including but not limited to, that paperwork submitted by
22 II Petitioner September 19,2012, November 20,2012, November 30,2012 and February
23 1111,2012. Thus, each of Petitioner's references to letters, notes or records from doctors,
24 IIteachers, administrators, therapists, court dockets or police records are inadmissible and
25 IImust be excluded. California Evidence Code § 1200.
26 II Again, Petitioner selects and/or references documentation pertaining to issues
27\IWhiCh existed at trial, and were addressed in the Judgment-a fact that makes such
28 evidence irrelevant to the instant proceeding, in any case.
So....Socrateaser, opposing counsel want's to strike with an MIL
Petitioner's (MY) references to letters, notes or records from doctors,teachers, administrators, therapists, court dockets or police records are inadmissible and must be excluded.
QUESTION: Should I then based of your last commend OPPOSE TO THE MOTION ON THE MERIT THAT THOSE DOCUMENTS ARE ALL VALID AND WITNESSES WILL BE BROUGHT TO TRIAL TO VALIDATE NEXT WEEK?
OR ..... would it be better to demand withdrawal of the motion under CCP 128.7?