Judge: Mark H. Epstein, Case: 22SMCV01586, Date: 2023-09-01 Tentative Ruling

Case Number: 22SMCV01586    Hearing Date: April 8, 2024    Dept: I

The case is here for a final status conference.  The court gave its FSC order on March 14, 2023.  The matter is calendared for a 3 day bench trial, jury having been waived.

On April 3, 2024, the court received the following documents: (1) Plaintiff’s trial brief; (2) Joint Witness List disclosing 7 witnesses, one of whom has no time estimates, but the remainder totaling about 16 hours for both phases if there are two phases; (3) Joint Exhibit List with 52 exhibits and boilerplate objections.

The court will order the parties to meet and confer further on the exhibit list to discuss whether there are any documents to which no objections are being made.  The parties need not object on relevance grounds; by definition that is an objection that cannot be waived in a bench trial.  The court does not really understand some of the objections, such as objecting “hearsay” to a recorded deed.  The parties are urged not to make authentication objections unless there is some basis to believe that the document is truly not authentic.  The revised list will be filed no later than close of business Wednesday (meaning 4:00 pm with a courtesy copy to the court).  Defendant will file a trial brief at the same time.

The court sees no deposition chart.  That is not a problem, but it does mean that no deposition testimony will be allowed for any purpose other than impeachment.

Assuming the Wednesday materials are submitted, the court deems the case READY FOR TRIAL.  On Monday, the parties will bring in the following: (1) a trial notebook containing the operative pleadings and the FSC materials; and (2) an exhibit binder (3 copies); and (3) copies of all depositions that might be used for impeachment.

The parties are urged to make a last effort at settlement, but if they are unsuccessful, the trial will begin on Monday at 10:30.