Judge: Mark H. Epstein, Case: 22SMCV00749, Date: 2022-12-05 Tentative Ruling

Case Number: 22SMCV00749    Hearing Date: December 5, 2022    Dept: R

The case is here for a final status conference.  The matter was recently before the court to consider plaintiff’s motion for summary judgment (which was denied).  The court notes that defendant has a motion for summary judgment set for December 6, 2022.  Plaintiff indicated that it would file a written opposition, but the court has not yet received one.  In light of that motion, the current FSC will be continued until 9:00 on December 6, 2022, and will be heard immediately following the summary judgment motion. 

The court has the following comments, however, that will pertain to tomorrow’s FSC if the summary judgment motion is denied.  The court is in receipt of the following FSC materials, filed November 28, 2022: (1) Plaintiff’s witness list (4 witnesses, no time indicated for cross-examination); (2) Plaintiff’s exhibit list (6 exhibits, no indication whether defendant stipulates to admissibility); (3) Defendant’s trial brief.  There is no trial brief for plaintiff, although the court understands plaintiff’s case.  There is likely no deposition chart because no one is seeking to introduce deposition testimony other than for impeachment. 

What concerns the court is that the witness and exhibit lists are unilateral: they are filed on plaintiff’s behalf only.  There is no declaration from either party as to why that is the case.  If plaintiff timely reached out to engage defendant, then the court will proceed on the assumption that defendant has no objection to the exhibits and intends to introduce no other exhibits and intends to call no witnesses other than himself.  If plaintiff did not attempt to engage defendant, then the case is (again) not ready for trial and the matter will be set for trial sometime next year if it survives summary judgment.  Any priority rights that plaintiff would have under these circumstances have been waived by the failure to comply with the court’s final status conference and trial rules.