Judge: Mark H. Epstein, Case: 21SMCV00839, Date: 2024-02-05 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 21SMCV00839    Hearing Date: February 5, 2024    Dept: I

The matter is here for an FSC.  The court issued its FSC order on November 2, 2021.  The following FSC materials were filed: (1) Joint Exhibit List, which appears to be in good form; (2) Joint Witness List, showing 6 witnesses, all to be called by plaintiff, with estimated examination and cross examination time of 22 hours, appearing to be in good form; (3) Stipulated Facts, which appears to be in good form and includes 61 stipulated facts; (4) Plaintiff’s Trial Brief, which appears to be in good form.

What the court does not have are jury instructions or a verdict form, both of which are required for a jury trial.  The court also does not have a jury questionnaire, but that is only required if a party wants one.  There is no deposition chart, but that is not required if no party intends to use deposition testimony other than for impeachment.  Defendant did not file a trial brief, but the court views trial briefs as optional in jury trials.  There are no in limine motions, but such motions are not required.

The court will inquire as to whether the parties intend to waive jury.  If they do, then (assuming defendant can file a trial brief promptly), the case appears READY FOR TRIAL.  However, if this is to be a jury trial, then the lack of instructions or verdict form means that the case is NOT READY FOR TRIAL.  In the latter event, the trial date will be vacated and the court will hold a TSC on February 13, 2024 at 8:30 am.