Judge: Mark H. Epstein, Case: 23SMCV03010, Date: 2023-09-18 Tentative Ruling

Case Number: 23SMCV03010    Hearing Date: November 6, 2023    Dept: I

On September 18, 2023, the court deemed that the case was not ready for trial due to the lack of FSC materials.  The court had earlier admonished the parties to work together to get the trial materials filed.

Because the case was not ready for trial, the matter was re-set for November 13, 2023 with the FSC on November 6, 2023.

On October 31, 2023, plaintiff submitted a trial brief that included a joint statement of the case, witness list, exhibit list, jury instructions, and a verdict form.  Plaintiff states that on Monday, October 16, 2023, she overnighted her materials to defendant, who would have received them on Tuesday, October 17, 2023.  She demanded he respond by Friday, October 20.  But he did not respond.  On Thursday, October 19, 2023, plaintiff called defendant.  Although he had received plaintiff’s materials, he asked that she sent them again.  Plaintiff did so and asked that defendant respond by Monday, October 23, 2023.  Defendant failed to get back to plaintiff on that date.  Plaintiff emailed him again on Thursday October 26, 2023, and asked that he respond by Friday, October 27, 2023.  Plaintiff stated that if he did not do so, she would be forced to file the documents unilaterally.  Defendant did not respond and so, on Tuesday, October 31, 2023, plaintiff filed her documents.

Plaintiff’s joint statement of the case is not adequate, but can easily be modified by adding a sentence at the end that defendant denies plaintiff’s claim.  The witness list does not conform.  It lists two witnesses, one for plaintiff’s Junior Regional Manager and defendant.  No time estimates are given.  The exhibit list consists of five exhibits.

The court is not sure what to do.  The court is not pleased that the parties were urged to work together on September 18 (actually before), but plaintiff did not contact defendant until a month later.  But that said, plaintiff at least sent defendant a complete packet and defendant just ignored the situation.  The court will inquire of defendant why this is.  It could be that there is a good reason.  But it could also be that defendant simply is abandoning the case.  If defendant has no excuse, then defendant will be precluded from calling any witness other than himself and will be precluded from introducing any exhibits.  Under those circumstances, it might be that the court empanels a jury on Monday on the theory that this will be a short case.  On the other hand, if defendant has a good excuse, the court will need to make a different order.