Judge: Mark H. Epstein, Case: BC705877, Date: 2023-04-06 Tentative Ruling

Case Number: BC705877    Hearing Date: April 6, 2023    Dept: R

The case is here for a trial setting conference.  The matter had started trial earlier but due to an error on the court’s part, a mistrial had to be declared.  The matter is coming up again for trial.  Because the case was ready before, it remains ready  The court has already ruled on the various motions in limine and the court’s position remains the same.

The case appears to have about 40 hours of direct and cross examination testimony assuming all witnesses on the witness list are called.  The court will need to have a jury instruction conference at some point, but in many cases the CACI instructions sought seem appropriate, at least at first glance.  To the extent that the objection is that the evidence will not warrant the instruction, that objection can be reserved and the instruction will be deemed otherwise agreed upon.  After the evidence is in, the court will discuss whether any of the instructions should be withdrawn due to the actual proofs received.  To the extent that a party wants a jury instruction reading a statute, the court’s thinking is the same. 

With that, the court will discuss with the parties the next available trial date.  A Trial Readiness Conference will be set the Monday before the trial to ensure that all parties are ready to go and to ensure that the court remains available to try the case.