Judge: Mark H. Epstein, Case: 22SMCV01395, Date: 2025-04-07 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: 22SMCV01395    Hearing Date: April 7, 2025    Dept: I

The matter is here for a Final Status Conference.  The court gave the FSC order on February 21, 2023.  The court is in receipt of the following FSC materials, filed on March 28, 2025.  (1) Defendant’s trial brief on res ipsa loquitur; (2) Defendant’s Special Verdict Form; (3) Defendant’s Witness List with 25.5 hours of testimony and 18 witnesses; (4) Defendant’s Jury Instructions; (5) a Joint Exhibit List with 130 exhibits and no stipulations of any kind; and (6) Defendant’s Statement of the Case.  On April 2, 2025, plaintiff filed an opposing Statement of the Case.

The court is also in possession of 7 motions in limine from defendant, to which plaintiff has opposed three in a timely fashion and one in an untimely fashion, and one untimely motion in limine from plaintiff to which there is no opposition.

The case is likely not ready for trial, but the problem could be that although defendant tried diligently and in a timely way to engage plaintiff, plaintiff elected not to engage.  If that is the case, then the case might be ready for trial and plaintiff will have waived the right to call any witness other than plaintiff (although plaintiff may cross examine any witness the defense calls within the scope of the direct).  Plaintiff will also have waived objections to the jury instructions and verdict form.  It could also be that some of the documents titled as “Defendant’s” submissions are really joint, although there is no signature line and they do not appear to be joint.  If, however, defendant did not timely and diligently seek to engage plaintiff, then the case is not ready for trial.  By timely, the court does not mean that defendant called plaintiff the week before; the court means what it instructed at the CMC.

If the case is not ready for trial, the court will need to vacate the trial date and also set a TSC and an OSC re: Sanctions not to exceed $5000 as against each party and each counsel for failure to follow the court’s instructions.  The court notes that it warned the parties of the need to participate in the FSC process jointly at the CMC and also expressly warned the parties of the consequences of failing to do so.

If the case is ready for trial, the court is prepared to rule on the MILs.