Judge: Mark H. Epstein, Case: 19STCV09595, Date: 2023-05-01 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.

In some cases, tentative rulings may be given by email the morning of the hearing rather than on the tentative ruling site.  Please check your email if you have not seen the tentative.  The email is generally sent to the persons who have signed up for a remote hearing.

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

Case Number: 19STCV09595    Hearing Date: May 1, 2023    Dept: R

The case is here for a Final Status Conference.  At the last hearing, the court found the case ready for trial but continued it due to conflicts until May 8, 2023, with the FSC today.  The court is in receipt of an amended exhibit list filed 4/18/23.  The court is also aware of the stipulation that the testimony will not exceed 35 hours per side.

The court is currently engaged in a jury trial, which the court does not expect will conclude before May 8.  And there is another case on the five year that is also set for trial on May 8.  Because the other case is running on the dismissal, the court will discuss logistics.  The other case might elect to continue the case to a later date to allow this trial to conclude and avoid trailing.  If not, because that case is a “must try” case, the court will have to give that case priority, meaning it will trail first.  The court is prepared to have this case trail that one, or the court can continue this case to a later date.  The court will go with whichever option the parties think best.

The court is aware that this case needs to be tried, and will do its best to try the case.  If the case is continued, and if the parties are confident that this case will not settle, the court will block any additional trials from being set for the same day as this case’s new trial date, although it may be hard to bump a case already so set.  And the court cannot control cases that are already in trial.  Where the court is in the midst of a jury trial, that trial must conclude before a new one begins.

If the matter is to trail, then on Monday morning, May 8, 2023, the parties will submit trial notebooks as follows.  Trial Notebook 1: (1) the operative complaint; (2) the operative answer; (3) the operative cross-complaint; (4) the operative answer; (5) the short joint statement of the case; (6) the joint witness list; and (7) the joint exhibit list; (8) Deposition Designations broken down by witness.  Trial Notebook 2: (1) Plaintiff’s trial brief; (2) Defendant’s trial brief (3) Jury instructions (broken down as follows): (a) Index to instructions; (b) Instructions in the order they are to be read with agreed upon instructions in black, plaintiff’s instructions to which defendant objects inserted and in green, and defendant’s instructions to which plaintiff objects inserted and in blue; (4) Verdict Form with plaintiff’s proposed verdict in black and track changes showing defendant’s proposed modifications.  Trial Notebook 3.  Exhibits with the index in front.  All depositions are to be lodged with the court.

The court emphasizes the rule set forth in its trial rules.  If there is no court reporter, then lead counsel is to meet each lunch and from the end of the court day until no earlier than 9 pm to reach an agreed upon settled statement.  If any agreement is reached earlier, of course the meeting can stop.  If not, then the parties will submit to the court the following morning at 8:15 am plaintiff’s proposal with defendant’s changes in track changes.  The court firmly believes it will be easier and cheaper to have a court reporter.