Judge: Mark H. Epstein, Case: 24SMCV01448, Date: 2024-05-24 Tentative Ruling

Case Number: 24SMCV01448    Hearing Date: May 24, 2024    Dept: I

The matter is here for a final status conference.  The matter is a UD case and plaintiff demanded a speedy trial pursuant to those statutes.  On May 17, 2024, the court received from plaintiff its statement of the case, witness list, exhibit list, jury instructions, and special verdict form.  Plaintiff states that the defense has not cooperated in providing these materials.  At the trial setting conference held on May 15, 2024, the court warned the parties (including defendant) of the consequences of not participating in the FSC process.  Pursuant to the local rules, the plaintiff’s materials will be binding on the parties and defendant will be precluded from calling witnesses or introducing exhibits.  

Jury fees have been posted.  Normally, the trial would begin on the scheduled date—June 3, 2024.  However, the court may be engaged in trial.  If so, this case will need to trail that one.  Further, there is another UD case also set to try on June 3, 2024, so the court would have to decide which would take priority.  The court orders a further status conference to be held on May 31, 2024, at 8:30 am so the court can advise on those things.  If, on or before May 31, 2024, defendant meets and confers with plaintiff and joint FSC materials are provided, and if the trial is in fact continued due to the court’s conflict, the court would consider vacating the sanction discussed above.