Judge: Mark H. Epstein, Case: 21SMCV01827, Date: 2022-10-24 Tentative Ruling

Case Number: 21SMCV01827    Hearing Date: October 24, 2022    Dept: R

This matter is here for a final status conference.  Plaintiff keeps insisting that this case is a very short bench trial.  It started as an unlawful detainer matter, but possession is no longer at issue.  If this case were anything but a 20 or 30 minute bench trial, the Court would put it on the regular trial calendar.  But it appears plaintiff is right.

At the last final status conference, the Court directed plaintiff to attempt to coordinate with defendant on the FSC materials.  According to plaintiff’s counsel’s declaration, plaintiff made a good faith effort to do so and obtain defendant’s cooperation in the FSC process but has had no response.  Defendant has filed nothing in preparation for the FSC and plaintiff was forced to file unilaterally.  Defendant has not properly secured the right to a jury trial and the Court therefore finds that jury has been WAIVED.

Plaintiff’s FSC materials appear to be appropriate.  Therefore, the case is ready for trial.  The only witnesses to be called are those on plaintiff’s list.  Defendant can, of course, cross-examine them, but only to the extent of the direct examination.  The only exhibits to be introduced will be those on plaintiff’s exhibit list.  Defendant may object to the introduction of any such document if there is a basis to do so.  Defendant may also rely on any such exhibit actually introduced.

The trial will begin on October 31, 2022 at 10:30 am.  The Court expects that it will be over very shortly given the FSC materials filed.