Judge: Mark H. Epstein, Case: 21SMCV00715, Date: 2022-12-12 Tentative Ruling

Case Number: 21SMCV00715    Hearing Date: December 12, 2022    Dept: R

The matter is here for trial.  At the FSC, defendant stated that he was prepared to resolve the case.  If that has occurred, then the trial will not go forward.  If the matter has not settled, however, the court will try the case will trail the case currently underway and will likely try tomorrow or Wednesday.  The witness and exhibit lists plaintiff filed will be binding on both parties.  Defendant may cross-examine any witness plaintiff calls (within the scope of the direct) and rely on any exhibits plaintiff actually introduces.  Further, defendant may testify on his own behalf.  Oddly, defendant has signed plaintiff’s trial brief.  If defendant means it, then defendant has essentially (to his credit) essentially conceded the case and appears to be willing to have the court enter judgment.  If that is the case, the court will ask plaintiff to prepare a judgment and see if defendant will sign it.  If so, the court will enter it without trial.