Trial Court Ordered To Deny Motion In Limine After Party Argued It Eviscerated Case.

The trial court granted a motion in limine to exclude the testimony of an appraiser in an eminent domain action.  The parties thereafter stipulated to the value of real property and the trial court entered judgment in accordance with the stipulation. The property owner contended on appeal that the use of a motion in limine to eviscerate his case violated his right to a jury trial. The appellate court did not find a constitutional issue, but stated that when a “motion in limine strays beyond its traditional confines and results in the entire elimination of a cause of action or a defense, we treat it as a demurrer to the evidence and review the motion de novo, lest it be used to evade the more exacting standards for such a motion.” The judgment was reversed and the trial court was ordered to deny the motion in limine. County of Glenn v. Foley (Cal. App. Third Dist.; December 21, 2012) 212 Cal.App.4th 393.