Judge: Mark H. Epstein, Case: BC664654, Date: 2023-05-24 Tentative Ruling

Case Number: BC664654    Hearing Date: May 24, 2023    Dept: R

The court put the matter over until today to allow the parties to see if the case is long cause.  The court still believes that it is a long cause case, but will hear from the parties in this regard.  The court notes that one possibility is that if both parties could stipulate to a finite period of time that they will present evidence—that includes direct and their cross—the court will consider accepting the stipulation and keeping the case.  The court would need that to be no more than 35 hours per side (or 70 hours total, which could be divided differently).  The upside is that the court will keep the case.  The downside is that the court means it.  After the time is used, that party has no more time.  That means that if a party has run out of time without cross examining a witness, then the party has waived cross examination.  Similarly, if a party runs out of time before calling an important witness, then the party has waived the right to call the witness.  That is a harsh sanction, but that is what the stipulation means.

At this point, the court is informed that the long cause line is relatively short (meaning there are not that many long cause cases awaiting a courtroom), but the line moves very slowly (because each case is long cause).  The court expects it would be six months from the time that Department 1 determines that the case is actually long cause and is ready for trial.