Judge: Mark H. Epstein, Case: 24SMCV01860, Date: 2024-05-24 Tentative Ruling

Case Number: 24SMCV01860    Hearing Date: May 24, 2024    Dept: I

The matter is here for a final status conference.  This is a UD case and plaintiff has demanded a speedy trial pursuant to the UD statutes.  Defendant was given an opportunity to move the trial date by depositing funds in court but has not done so.  On May 17, 2024, the court received from plaintiff four in limine motions, a statement of the case, a witness list, an exhibit list, jury instructions, and a special verdict form.  Plaintiff contends that it has tried to engage defendant in the FSC process but defense counsel has not participated. 

The court is concerned.  On May 15, 2024, the court set the instant trial date.  Both parties were present and notice was waived.  The court stated that it would continue the trial if defendant posted rent for the delay period in court, and the court set a further status conference for May 17, 2024, to see if that occurred.  At the May 15, 2024, hearing, the court warned both parties of the consequences of not complying with the court’s FSC order, which required joint filings and participation from the defense.  Defendant did not appear at the May 17, 2024, hearing.  Plaintiff was ordered to give notice, but the court actually made no orders on that date.  Notice was somewhat belatedly made on May 20, 2024.  However, because the court made no actual orders, the delay in giving notice is harmless.

Because defendant did not participate in providing FSC materials, normally the court would order that defendant be barred from calling witnesses or introducing exhibits, although defendant could cross-examine any witnesses plaintiff called (within the scope of direct) and rely on any exhibits plaintiff actually introduced.

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 in fact the trial is continued, and if defendant meets and confers with plaintiff to provide joint FSC materials no later than May 31, 2024, the court would be inclined to consider vacating the sanction discussed above.

The court will rule today on the MILs.