Judge: Mark H. Epstein, Case: 22SMCV02393, Date: 2024-07-29 Tentative Ruling

Case Number: 22SMCV02393    Hearing Date: July 29, 2024    Dept: I

The matter is here for an FSC.  The FSC order was given on June 27, 2023.  The court has received the following FSC materials, all from plaintiff.  (1) Exhibit List.  35 exhibits.  (2) Witness list.  7 witnesses, 19 hours direct and 9.5 hours cross.  It includes 4 “PMK” witnesses.  (3) Statement of the case.  This is too unilateral, but adding a sentence that defendant denies the allegations will solve the problem.  (4) Special Verdict Form.  (5) CACI and Special jury instruction.  There are 9 specials.  The court has also received 11 MIL’s, all from plaintiff.  None are opposed.

The court will inquire why the defense has abandoned the case.  If no explanation is given, the case may very well go to trial on August 5, 2024, at 10:30 am.  Defendant will be precluded from calling witnesses or introducing exhibits or objecting to the jury instructions or verdict form.  If there is a different explanation—such as a settlement of the case—the court will hear it.  Otherwise, the court is perplexed as to why defendant has ignored the court’s order.

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