Judge: Mark H. Epstein, Case: 20STCV03819, Date: 2023-04-10 Tentative Ruling

Case Number: 20STCV03819    Hearing Date: April 10, 2023    Dept: R

The court believes it is ready to try the case.  The court will begin by screening for hardship after getting the most recent update on time estimates.  Based on the witness list, it appears that there is about 35 hours of testimony, which means about a 10 day trial, all in (meaning including voir dire, openings, closings, and other things that take time).  However, it could be less in that the parties are estimating a 5 day trial.

The court asks that the parties prepare trial notebooks to the extent not already done as specified below.  The court will also ask the parties to revise the jury questionnaire, which will be circulated Tuesday after hardships have been resolved, to eliminate questions 17, 23, and 32.

Regarding the materials filed on 3/27/23, the court is not sure they are timely.  The court will inquire whether plaintiff objects to the 10 new CACI instructions.  The court will ask the parties to meet and confer as to the special verdict form.  However, the court right now is not sure what the basis would be for a question about comparative negligence.  It could be that plaintiff stipulates that, if there is evidence to support the instruction, the proffered instruction is proper, but that plaintiff will take the position that there will be no evidence in this regard and thus the instruction ought not be given.  The court will grant the request to bifurcate the amount of punitive damages.  That phase of the trial will begin immediately following the conclusion of phase 1 of the trial if the jury finds punitive damages are warranted.

The court will inquire as to whether the two witnesses who were the subject of the in limine motion ought to be on the list and in the short statement of the case.  The court presumes that the joint jury questionnaire filed February 1, 2023 is in fact a joint document and that the joint verdict form is in fact a joint document.  The court notes that the jury instructions will need to be revised to deal with the bifurcation. 

The court assumes that no one is going to use deposition testimony for any purpose other than impeachment in that no designations have been filed.

Trial Notebooks.

Volume 1.  (1) Short statement of the case; (2) Witness List; (3) Exhibit List; (4) Deposition Chart; (5) Operative complaint; (6) Operative answer; (7) Operative cross-complaint (if any); (8) Operative answer to any cross-complaint.

Volume 2.  Each motion in limine with sub-tabs for the motion, the opposition, the reply, and the ruling.

Volume 3.  Exhibit Binder with index.

Volume 4.  (1) Jury instructions in the order the parties want the instructions to be read.  Joint instructions will be in black type.  Instructions requested by plaintiff to which defendant objects will be in blue type.  Instructions requested by defendant to which plaintiff objects will be in dark green type.  (2) Verdict forms.  Plaintiff’s proposed form will be in black type font with defendant’s proposed modifications in track changes if feasible.  If the proposed forms are too different for such a system, then a sub-tab for plaintiff’s proposal and another for defendant’s proposal.

All deposition transcripts are to be lodged.  The parties can stipulate that a certified copy can be used in lieu of the original.

There should be two copies of volumes 1, 2, and 4.  There should be three copies of volume 3 (because one is for the witness).

The court intends to call for a jury panel this morning and begin screening for hardships.  The court will read the joint short statement of the case to the jury and have them fill out slips if any believe that there is a hardship that ought to exclude them from service.  The court will say that the estimate is two weeks, but there is a reasonable chance it will be shorter.  Those who are not seeking hardship will be excused for the day.  The court and parties will deal with the specific hardship requests this afternoon.  The court anticipates that tomorrow morning, the jury will complete the jury questionnaires early and voir dire will begin in the late morning or afternoon.