Judge: Mark H. Epstein, Case: 22SMCV01957, Date: 2023-08-23 Tentative Ruling

Case Number: 22SMCV01957    Hearing Date: August 23, 2023    Dept: I

The matter is here for final status conference.  The estimate is a 5 day jury trial. 

On May 12, 2023, the court received the following documents: (1) Joint Witness List (3 witnesses, total of 2 hours and 20 minutes); (2) Joint Exhibit List (8 exhibits); (3) Verdict form; (4) Jury Instructions (33 CACI instructions, 2 special instructions; SI 1 appears correct, SI 2 is missing and thus will not be given); (5) Statement of the case.

There is no deposition chart, which is not inappropriate if no one plans on introducing deposition testimony other than for impeachment.  There are no trial briefs, but they are optional.  The court believes that the other documents (if joint) are appropriate.  The court will add that defendant denies plaintiff’s allegations as part of the statement of the case.

Assuming that the joint documents are truly joint, the matter is READY FOR TRIAL.

The court is currently in trial and likely will be on August 28, 2023.  Therefore this case will trail from day to day until the other trial is completed.

The court notes that at the May 23, 2023, final status conference, the parties indicated that the defendant might be leaving the premises.  If possession is no longer at issue, the court will vacate the trial date and discuss a new trial date for the remainder of the case (if any).

If the case is ready for trial, the court will rule on plaintiff’s MIL 1.