Judge: Elaine Lu, Case: 23STCV01853, Date: 2023-12-07 Tentative Ruling

Case Number: 23STCV01853    Hearing Date: December 7, 2023    Dept: 26

On the Court’s own motion, the FSC set for December 7, 2023 is CONTINUED to 12/11/23 at 8:30 am

Plaintiff has previously moved to dismiss all unnamed Doe defendants without prejudice, and that motion was granted on November 30, 2023. 

All parties also stated in open court on November 30, 2023 and that all parties waive jury and that this matter will proceed as a bench trial.

All parties are ordered to download from the court’s website (www.lacourt.org) the standing FSC and trial preparation order for this department (Department 26). All parties must comply with the requirements in Department 26's FSC/trial preparation order.

On November 30, 2023, the Court ordered the parties to complete no later than 12 noon on December 5, 2023 their exchange of all  nonimpeachment exhibits, with each page of every exhibit properly labeled to reflect the exhibit number and page number and the identity of all non-impeachment witnesses.  (11/30/23 Order.)  The court also ordered the parties to file no later than 3 pm on December 5, 2023 a revised joint exhibit list, a revised joint witness list, and trial brief. 

The parties have completely failed to comply with the Court’s November 30, 2023 order.  The parties have failed to file a revised joint exhibit list, a revised joint witness list, and trial brief. 

The court hereby continues the OSC re exclusion of all non-impeachment exhibits and witnesses to 12/11/23 at 8:30 am. All parties and their counsel are each ordered to file a declaration no later than 8:30 am on December 8, 2023 setting forth all efforts by that party to prepare a joint revised exhibit list, joint revised witness list, and trial brief and explaining why those efforts failed to result in the filing of a revised joint exhibit list, a revised joint witness list, and trial brief. All parties and their counsel are also ordered to each appear in Department 26 at 8:30 am on December 11, 2023 and show cause why sanctions, including $1.000 monetary sanctions, dismissal of the complaint, striking of the answer, or exclusion of unidentified non-impeachment exhibits or witnesses should not be imposed for failure to file a revised joint exhibit list, a revised joint witness list, and trial brief. 

The Court hereby reissues a new order that no later than 10 am on December 8 the parties are to complete their exchange of all non-impeachment exhibits, with each page of every exhibit properly labeled to reflect the exhibit number and page number and the identity of all non-impeachment witnesses 

No later than 10 am on December 8 the parties are also to file:

-       A revised joint exhibit list identifying the universe of all non-impeachment exhibits that all parties wish to introduce at trial.  The revised joint exhibit list must have columns reflecting: “Exhibit #,” “Description,” "Admissibility stipulated?," "Authenticity stipulated?" "Offered by?" "Objections," "Date Identified," and "Date Admitted.”  All columns except for the last two columns must be fully completed for each exhibit listed.

-       A revised joint witness list identifying the universe of all non-impeachment witnesses that all parties wish to call at trial with columns for time estimates for "direct examination," "cross examination," "redirect," and "total," fully completed for each witness, and a grand total for all witnesses’ testimony at the bottom.

-       A trial brief from each party that identifies the applicable CACI that sets forth the elements for each cause of action of the operative complaint and cross-complaint, which should be added to the trial readiness binder.

No later than 3 pm on December 7, 2023, Plaintiff is ordered to email to all other parties all of the above proposed joint trial documents in electronic format.  All other parties are ordered to meet and confer with Plaintiff regarding their proposed changes, and all other parties are ordered to complete their portions of the joint trial documents, input any proposed revisions, and email the updated joint trial documents to Plaintiff no later than 8:30 am on December 8, 2023.  Defendant’s failure to send an updated version of any trial document (including all proposed revisions) shall be deemed Defendant’s consent and stipulation to use Plaintiff’s version as the parties’ joint trial document.

Failure of any party to comply with the Court's order above requiring preparation of a joint witness list and joint exhibit list may result in exclusion at trial of non-impeachment exhibits and non-impeachment witnesses that the parties have failed to identify on the witness list and exhibit list.

The Court requests that each Counsel email Word format versions of the their trial briefs to the court.

No later than the continued FSC, Plaintiff must arrange for one joint trial readiness binder to be delivered to Department 26 in compliance with Department 26's FSC/trial preparation order, including  conformed copies of: all operative pleadings, the revised joint exhibit list, the revised joint witness list, and the trial briefs, all in conformity with Department 26’s standing FSC/trial preparation order.  The documents must be separated by labelled tabs.

Plaintiff must also arrange for three copies of the parties’ joint exhibit binder (containing all parties’ non-impeachment exhibits, each properly tabbed, with each page properly paginated to reflect the exhibit number and page number) to be delivered to Department 26 prior to the continued FSC date.  Failure of any party to comply with this order requiring delivery of joint exhibit binders may result in exclusion at trial of non-impeachment exhibits that the parties have failed to include in the exhibit binders delivered to Department 26.

In preparation for cross-examination of witnesses, each party should pre-mark five copies of all impeachment exhibits with each page properly paginated to reflect the exhibit number and page number so that they are ready for distribution during cross-examination.

The parties must meet and confer to discuss whether they plan to have a court reporter transcribe the trial proceedings.  In order to ensure a proper record for appellate purposes, if the parties do not arrange for a court reporter, then Counsel for the parties will be required to prepare a daily settled statement summarizing witnesses' testimony who have testified each day at trial.

If any party will need a foreign language interpreter to assist any trial witnesses, that party must reserve and make arrangements in advance for the interpreters that party will need. 

The parties must meet and confer in advance regarding any witnesses who for health or other reasons will be testifying remotely.  For any witness who will be testifying remotely, the party offering that witness’s testimony shall be responsible for: (1) making a reservation for the witness’s remote video appearance, including making an LACourtConnect reservation and setting up web links for the witness’s testimony, (2) providing the witness with the proper LACourtConnect link in advance of the witness’s testimony, and (3) arranging for an identical copy of the exhibit binder (containing a complete set of all exhibits) to be delivered to the remote witness prior to the commencement of trial.  If any party will be seeking to present witnesses who will be testifying from a remote location, the parties should meet and confer to prepare and file a stipulation regarding such virtual testimony from a remote location.  The parties are to contact the Judicial Assistant for Department 26 for a sample stipulation in this regard.

As noted above, the parties have failed to comply with the court’s minute order from the last Final Status Conference requiring the parties to file revised joint trial documents.  All parties are ordered to appear on  December 11, 2023 at 8:30 am and show cause why each party should not be ordered to pay monetary sanctions of at least $500 for failure to comply with the Court’s order requiring the parties to file revised joint trial documents.  No later than 8:30 am on December 8, 2023, each counsel/party shall file a declaration setting forth all efforts by that party to prepare revised joint trial documents for filing (specifically identifying efforts as to each trial document, including the joint exhibit list, joint witness list, and explaining why those efforts have not resulted in the filing of all required joint trial documents.

The Final Status conference is continued to December 11, 2023 at 9:00 am. 

The trial remains firmly set for December 11, 2023 at 9:30 am.

All parties must appear in person in Department 26 for the continued FSC and trial.

The Court’s Judicial Assistant is to give electronic notice to all parties.