The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)
Defendants’ Motion In Limine to Exclude Evidence of Defendant Tamara Black’s Prior Sexual History
Defendants XYZ Security, Ken Brown, Tim Lee, Sondra Green, and Tamara Black (collectively “Defendants”) respectfully move this Court, in limine, to preclude Plaintiff, Bobby White (“Plaintiff”), his counsel, and witnesses from commenting upon, inquiring into, and introducing evidence at trial relating to Ms. Black’s alleged past sexual conduct with anyone other than Plaintiff, and prior complaints of sexual harassment Ms. Black made unrelated to Plaintiff. This motion is made on the grounds that evidence of past sexual conduct with individuals other than Plaintiff is not relevant to the issues in this case. Whether Plaintiff was terminated because of his race and gender does not turn on the private sexual behavior of Ms. Black. The admission of such evidence, introduced by Plaintiff in an effort to bolster his claims, also is prohibited as a matter of law.
This motion is based on the California Evidence Code sections 350, 1106, and 352 the California Code of Civil Procedure section 2017.220, the memorandum of points and authorities set forth below, the papers and records filed herein, and such oral and documentary evidence as may be presented at the hearing of this motion.
STATEMENT OF FACTS
Plaintiff has sued his former employer, XYZ Security and various of his co-workers, following his termination in October 2005 for violation of XYZ’s harassment and discrimination policy.
Defendant anticipates that to support his claims of race and gender discrimination, Plaintiff, his counsel and witnesses, will attempt to comment upon, inquire into and introduce evidence pertaining to Ms. Black’s prior sexual history and/or conduct with others (including her purportedly showing nude pictures on her cell phone to others), prior complaints by Ms. Black of sexual harassment against others, and her alleged banter and horseplay with others, in an attempt to show that the conduct complained of by Ms. Black was not unwelcome or offensive and to improperly impugn Ms. Black’s character. (See Part 2 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.