Judge: Mark H. Epstein, Case: 22SMCV01448, Date: 2023-11-13 Tentative Ruling

Case Number: 22SMCV01448    Hearing Date: November 13, 2023    Dept: I

The matter is here for an FSC.  The FSC order was given on February 27, 2023.  The court has received 10 motions in limine from plaintiff and seven from defendant.  None of them is timely and the declarations are not sufficient.  Accordingly, none of the motions in limine will be considered.  All are DENIED WITHOUT PREJUDICE.

The court has not received any FSC materials.  The court will inquire as to the reasons for that failure.  But whatever the reasons, the matter is NOT READY FOR TRIAL.  The court will therefore VACATE the trial date.  The court will discuss with counsel a new trial date and also the appropriate sanctions.  Discovery remains closed, no substantive motions may be filed, and the time to file in limine motions has come and gone.  The only thing that will remain are the FSC materials (other than motions).  It appears that other than flinging the stock in limine motions from the form file, no one is doing anything to get the case ready for trial, which suggests that plaintiff is not serious about prosecuting it and defendant is not serious about defending it.

If the parties are not serious about the case, they are welcome to settle it or abandon it.  But the court is not going to waste a jury’s time or the court’s time on a case where counsel have no interest in going forward.