Andrade v. Pangborn Corporation

Full title: FELIPE ANDRADE and SARA ANDRADE, Plaintiffs, v. PANGBORN CORPORATION, et…

Court: United States District Court, Ninth Circuit, California, N.D. California, San Jose Division

Date published: Oct 22, 2004

C 02-3771 PVT (N.D. Cal. Oct. 22, 2004)

Opinion

FELIPE ANDRADE and SARA ANDRADE, Plaintiffs, v. PANGBORN CORPORATION, et al. Defendants. No. C 02-3771 PVT United States District Court, N.D. California, San Jose Division. October 22, 2004

          ORDER RE: PANGBORN CORPORATION'S EVIDENTIARY OBJECTIONS TO PLAINTIFF-IN-INTERVENTION'S DESIGNATED DEPOSITION EXCERPTS

          PATRICIA TRUMBULL, Magistrate Judge.

         This case was tried to the court without a jury on July 26, 27, 28, and 30, 2004 and August 2, 4, 5, and 6, 2004. Prior to trial, on June 15, 2004, Pangborn Corporation ("Pangborn") filed Evidentiary Objections to the designated deposition excerpts of Plaintiff-in-Intervention, Republic Indemnity Company of America ("Republic"). The following order was issued from the bench.

         IT IS HEREBY ORDERED that all of Pangborn's objections to Republic's designated deposition excerpts are OVERRULED, except for the following excerpts from the deposition of Rick Damrel, which are SUSTAINED:

(1) Page 120, line 25 to page 121, line 20 - deponent lacks personal knowledge/testimony is speculative.

(2) Page 123, lines 7-23 - deponent lacks personal knowledge/testimony is speculative and irrelevant.

(3) Page 147, line 21 to page 148, line 8 - calls for expert testimony and the testimony is irrelevant to the subject matter of litigation

         In its final decision on this matter, as set forth in the Findings of Fact and Conclusions of Law, the court has not considered any deposition testimony for which an objection has been sustained.

         IT IS SO ORDERED.