Judge: Mark H. Epstein, Case: 25SMUD00055, Date: 2025-05-19 Tentative Ruling

Case Number: 25SMUD00055    Hearing Date: May 19, 2025    Dept: I

The court has reviewed the materials.  The court will inquire whether the trial notebook is truly joint given that defendant did not sign any documents.  Assuming that the defense does not have a dispute on these materials, the only change the court would make is in the special verdict.  If the jury finds that defendant has no right to be in the premises but declines to award damages, they still would check paragraph A, but put zero as the amount of damages.  The court will also inquire as to the affirmative defenses.  While habitability is not a defense to the UD, it might be a defense to the holdover rent.  There do not appear to be materials for that.

Assuming we can get through that, the case appears READY FOR TRIAL and the court will call for a jury venire tomorrow at 10:30 am.  The court will go through Department I’s trial procedures with the parties.  The court will also need an estimate of when the case will be in the jury’s hands.  The parties should assume 3-4 hours of trial per day and the court does not hold trials on Fridays, but it will do so if the only thing left is argument and instructions.  Given that, the court anticipates that the case will be in the jury’s hands this week.