Doris’ Speciality Market inc. v. Pauline Porter
Doris’ Speciality Market inc. v. Pauline Porter
As you are aware, after the Plaintiff’s fall at our client’s market, several customers complained
about alleged frequent spills in the area where Plaintiff allegedly fell on our client’s InstaPost
social media page. The comments were as follows:
April 10, 2022: From Sonja B.: “You have got to get your act together. I heard that someone
slipped and fell right by the coffee bar. There are always spills there.”
April 10, 2022: From Jim H.: “Yeah – every time that I’m at Doris’ there is always some
spilled liquid in that area. I even complained to a manager, and he just blew me off.”
April 11, 2022: From Rhonda S.: “OMG – I was just there and got coffee from the coffee bar
and there was spilled coffee all over the area by the tables.”
April 13, 2022: From Charlie D.: “I stepped into some sticky substance over by the coffee bar
a couple of days ago; it looked to me like the stuff was there for a while. I love that store, but
whoever is running the coffee bar area sucks!”
After these posts, our client posted, “Doris’ maintains the highest standards and complies with
all applicable laws.”
On April 16, 2022, our client removed the entire post, including the comments from their
InstaPost page.
I anticipate Plaintiff’s counsel will try to introduce the InstaPost page along with the comments
to claim that Doris’ had actual and/or constructive notice that the coffee bar area was prone to
spills.
However, I do not believe these posts are relevant (there will be a CALIFORNIA EVIDENCE CODE 350 relevance issue for each of these) . In addition, there are also other evidentiaryissues with the comments that are grounds to preclude the post and the comments from being
introduced as evidence at trial.
Therefore, I would like for you to draft a motion in limine to preclude any evidence,
testimony, and/or references to these social media posts. I would like for you to determine
what applicable evidence code sections and case law applies to support our contention that
this evidence should be precluded at trial.
PLEASE DRAFT THE LEGAL ARGUMENT SECTION OF THE MEMORANDUM OF POINTS AND AUTHORITIES SECTION (NO INTRODUCTION OR CONCLUSION)
There is a practice guide in Westlaw entitled: “California Motions in Limine (The Rutter
Group, Civil Litigation Series)” that you may use to find the applicable statutory and case
law as well as sample forms to assist you with this assignment. Make sure you
Shepardize all case law to find the most current case law to support your legal analysis.
Must be customized to this case utilizing the above-additional
facts. PLEASE IDENTIFY ALL EVIDENTIARY ISSUES USING THE RELEVANT CALIFORNIA EVIDENCE CODE. ADDRESS EACH COMMENT SEPERATELY AS SOME COMMENTS MAY HAVE AN CEC 805 (opinion) issue but not every comment has that issue. Also include relevant law. ONLY DRAFT THE LEGAL ARGUMENT SECTION.
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