Judge: Mark H. Epstein, Case: 19SMCV01265, Date: 2024-11-18 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 19SMCV01265    Hearing Date: November 18, 2024    Dept: I

The application is DENIED.  But that said, a few thoughts.  The covenant issue might or might not be allowed; it would need to be on the theory that the argument has been effectively in the case forever but this is an attempt to dot an “i.”  If it is a new type of theory, it would be too late.  As to the Penal Code issue, the court’s inclination is that it comes too late and the court would be inclined to sustain an objection to evidence that goes only to that and the court will not allow the new cause of action with its fee and treble damages provision coming at this time.  That said, the court will hear whether this is something that actually was discovered for the first time yesterday or the like.  The court doubts it; the financial records were given over months ago.  But it is far too late in the day to add new causes of action or theories now—especially in the guise of jury instructions.