Petitioner Motion Limine - Fixfamilycourtnow.org

1• 23456789Garrison Klueck, CFLS - Bar No. 128933LAW & MEDIATION OFFICES OF GARRISON KLUECK7435 University Avenue, Suite 201La Mesa, CA 91941(619)448-6500Attorney for Petitioner, GINNY CALDWELL (fka TURNER)SUPERIOR COURT OF THE STATE OF CALIFORNIAIN AND FOR THE COUNTY OF SAN DIEGOEAST COUNTY DIVISION10Petitioner: GINNY L. CALDWELL ) CASE NO: ED 04791211)) MOTION IN LIMINE12 v.))13Respondent: MICHAEL J. CALDWELL ) JUDGE: McKENZIE14) DATE: 9/4/09) TIME: 9:00 a.m.• 15) DEPT: 6)16Petitioner/mother, GINNY L. CALDWELL, by and through her17attorney of record, Garrison Klueck, CFLS, submits the following18Motion In Limine on the following issue:191. Child support is not at issue for today's hearing. At the20Ex Parte hearing of August 18 th , which was held to request an Order21Shortening Time for our Order to Show Cause ("OSC") re: Choice of22Schools, counsel for Respondent/father protested vociferously that23the hearing of September 4 th (today's hearing) was NOT a review24hearing, and argued that the only issues properly before the court25for 9/4 were: 1) Respondent's request for a 730 evaluation; and 2)26Minor's Counsel's report on that issue.27///•28///Motion in Limine -1-

1234567891011121314• 1516171819202122further continuance of that hearing becoming necessary, givenRespondent's failure to comply with our discovery requests.6. If "we might not have time to talk about schools," anissue which is properly before the court by noticed motion and forwhich a decision is clearly imminent, we clearly do not have timefor extended discussions of extremely complicated financial issuesfor which there is a hearing already scheduled and for which WEHAVE NOT HAD AN OPPORTUNITY TO RESPOND.Respectfully Submitted,air 0"/ /IfThis information submittedby Respondent at this time is clearly more prejudicial thanprobative (Evidence Code §352). This information was improperlydumped on our office on the eve of the custody hearing, clearly toprejudice the court in the custody dispute.7. There are no financial issue before the court today.Moreover, we request a continuance of the hearing on financialissues set for October 9 th , pending a full hearing our Motion toCompel and sufficient time for us to review Respondent's documentsand prepare for the hearing properly.Dated: 8/31/09GARRISON KL E K, CFLSAttorney for Respondent/mother2324252627•28Motion in Limine -3 -