Judge: Mark H. Epstein, Case: 20SMCV00859, Date: 2024-07-29 Tentative Ruling

Case Number: 20SMCV00859    Hearing Date: July 29, 2024    Dept: I

The matter is here for a jury trial.  However, the FSC, which was supposed to occur on July 22, 2024, did not take place because the court was closed on that day.

The court will therefore hold the FSC today.

The FSC order was given most recently on June 30, 2023—over a year ago.

On July 17, 2024, the court received the following materials: (1) Defendant’s Trial brief; (2) Joint Statement of Unusual Issues and Supplemental Statement, which suggests that plaintiff’s counsel is not an active member of the bar and the defense entities (other than the human Glodney) are unrepresented, and suggesting bifurcation to determine if there is alter ego liability; (3) Joint Exhibit List showing 74 exhibits from plaintiff and 7 from defendant, but no stipulations as to authenticity or objections; (4) Joint Witness List showing 21.5 hours of expected direct testimony and 19.5 hours of cross, with six of eleven witnesses being subject to objection as being previously undisclosed; (5) Joint Short Statement of the Case; (6) Joint Jury Instructions (actually “Plaintiff’s” proposed “Joint” Jury Instructions) but without any index; (7) Joint Deposition Chart with no objections (suggesting that no one objects to these excerpts); (8) Notice of Remote Appearances of two witnesses by plaintiff to which defendant objects.  The court has not received any contested jury instructions, which is fine if there are none; verdict form, which must be provided forthwith; jury questionnaire, which is not required if no one wants one; or plaintiff’s trial brief, which is optional.  The court is not convinced that the case is ready for trial, but will discuss the matter with counsel.

There may be another case ready for trial on 8/5/24.  If so, this case might trail that one.