Judge: Mark H. Epstein, Case: 18STCV09595, Date: 2022-12-12 Tentative Ruling

The Court generally uploads tentative rulings the morning of the hearing.  Because of that, the parties cannot submit on the tentative the night before and not appear.  However, if after reviewing the tentative ruling ALL COUNSEL submit, they should tell the Court's judicial assistant when checking in and the Court will endeavor to either not hear the case in light of the submission or, if the Court believes that a hearing is still needed for some other reason, then the Court will be inclined to give priority.

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For those appearing in the courtroom, the Court will provide a hard copy of the tentative ruling. 

Case Number: 18STCV09595    Hearing Date: December 12, 2022    Dept: R

These two related cases are here for a continued FSC.  At the prior hearing, the court had concluded that the matter was ready for trial assuming that the length was appropriate.  In response to a request from the court, the parties jointly estimate that the trial will take 15-17 days to complete.  However, the court needs to know how many hours that will be and whether it is an “all in” number (meaning it includes all aspects of the trial excluding voir dire or only the evidence).  Depending on the answers to those questions, the court will be able to determine whether the matter will stay here or be transferred downtown for re-assignment to an open court when a court becomes available.  The court has invested a fair amount of time in this case and will keep it here if possible.  The court also notes that, because it is an i/c court, its trial days are materially shorter than a regular trial court in that trial usually begins at 10:30 rather than 9:00.

 In any event, counsel for the defense has indicated that the current trial date is one in which all but one of the experts is unavailable due (the court gathers) to pre-planned holiday travel.  Counsel stated that he promptly contacted the witnesses after the last final status conference, in which the court had to continue the trial because it was already engaged in another trial.  Defense counsel has indicated that his experts will be available for a trial starting in January.  Sadly, the court has another matter starting in January that is running on the five-year statute and will likely take priority.  The next available date where the court has a some level of confidence that it can hear this case is February 14, 2023.  After that it is likely June.  The court is prepared to set the trial for that date.  However, the court will ask counsel to confirm that this date will work for everyone.  At this point, the court believes that counsel must make this their highest priority and pressure their experts to be available as well.  The court can take witnesses out of order if necessary, but the court will not move the case again.