Should we file for "motion in limine" during eviction ?

[Andy K]

Hi all,

We had to recently file for an eviction of a tenant in Southern CA. When the unlawful detainer was served to the tenants, they responded back to the court saying that the unit had habitability issues. This seems like a common tactic used by some tenants to delay the eviction process by going to trial.

In response to this, our eviction attorney sent them "Discovery" paperwork to respond with all the details and proofs of the habitability issues they are claiming. The tenants did not respond to the discovery request.

The trial is set for next week. Our attorney is saying that he would like to file a "motion in limine"/trial brief with the court to explain to the judge all the details of the case so far. He says that should help winning the case in our favor.

My question is - do we really need to file the "motion in limine", or just the fact that the tenant did not respond to the discovery request with proof should be enough to win the case? The attorney charges $350 for the "motion in limine", hence the question whether its really needed. We have already spent on the unlawful detainer charges, the discovery, and the trial fee (in addition to the lost rent), and hence would rather not spend on the "motion in limine" if its not needed.

Thanks for your advice.

- Andy.