Judge: Mark H. Epstein, Case: 19SMCV01008, Date: 2022-10-27 Tentative Ruling
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Case Number: 19SMCV01008 Hearing Date: October 27, 2022 Dept: R
The Court is inclined to GRANT the stipulation with the following clarifications. (1) the first issue—whether plaintiff’s “claims for damages are legally and factually supported” means that there will be an articulation of plaintiff’s legal damages theory and the briefing will be on whether that legal theory is permissible under the law and, if so, whether plaintiff has any evidence to show that the damages are more than zero. The Court is, frankly, a bit uncertain as to the latter aspect of the motion. If it is different, then the Court would like a better definition. (2) Opposition and reply papers per Code.
Assuming that is correct, the Court will grant the
motion. The Court applauds the parties’
decision to jointly request this relief, as the Court believes that the
resolution of that issue will help narrow the contours of the case.