Anne-Christine Massullo Action Filed: June 30, 2017 Trial Date: May 10, 2021 / Plaintiff LINEA OWNERS ASSOCIATION (“Plaintiff” or “Association”) hereby submits its opposition to the Motion in Limine No. 15 filed by Defendant ARQUITECTONICA for an Order Precluding Reference to “Conscience of the Community” or Similar Appeal to Juror Subjectivity because ARQUITECTONICA failed to identify specific evidence or testimony it is 1 2 3 4 5 6 7 8 9 BERDING & WEIL LLP 2175 N. California Blvd, Suite 500 Walnut Creek, California 94596

The law that applies to this remaining claim has already been decided at the highest level by the California Supreme Court in Beacon Residential Community Association v. Skidmore, Owings, & Merrill LLP (2014) 59 Cal.4th 568, 571.

The right of counsel to discuss the merits of a case, both as to the law and facts, is very wide, and he has the right to state fully his views as to what the evidence shows, and as to the conclusions to be fairly drawn therefrom.

(Id.) If Plaintiff references the safety concerns, these statements will be directly related to ARQUITECTONICA’s liability and the need for the jury to review all facts and evidence prior to making a determination.

If the Court were to grant this motion preemptively, without first hearing the statements and determine its usefulness to help the jury understand the issues of this case, it would be prejudging the evidence before it is even heard.