Judge: Mark H. Epstein, Case: 19STCV09595, Date: 2023-09-18 Tentative Ruling

Case Number: 19STCV09595    Hearing Date: September 18, 2023    Dept: I

The matter is set for trial on September 26, 2023.  There may be a short UD case that will take priority, but this case will trail that from day to day if the parties are in fact ready.  However, the court is concerned that there are 68 hours of anticipated testimony.  The court goes dark for two weeks starting on October 16, 2023.  If the matter is not in the jury’s hands before that, the court will need to declare a mistrial.  If the parties cannot guarantee that they will be done by then, the court will need to either continue the matter again or attempt to send the matter to Department 1 for reassignment for trial.  The court has put in a lot of time, so all things being equal, the court would prefer to keep the matter.  But the court notes that this case has come here before and had to be continued due to the court’s congested trial calendar and the court will not do that again if there is any alternative.  The court will inquire of the parties.  The court notes that another judge can receive the verdict, so even if this court is dark, the jury can continue to deliberate.

If the parties believe that they can finish, the court will rule on the in limine motions.