Judge: Mark H. Epstein, Case: SC122575, Date: 2022-10-24 Tentative Ruling

Case Number: SC122575    Hearing Date: October 24, 2022    Dept: R

This matter is here for an FSC.  The Court received the following FSC materials (a day late): (1) Joint Witness List indicating that plaintiff intends to call 20 witnesses with about 16 hours of testimony and defendant has waived calling any witnesses and waived cross-examination; (2) Joint Statement of the Case; (3) Joint Exhibit List indicating that defendant does not intend to introduce any exhibits and not stating whether there is a stipulation as to authenticity or whether defendant objects to any of the exhibits; (4) Joint Jury Instructions indicating that the parties agree on all jury instructions except for 3 to which defendant objects; the actual instructions are not attached; and (5) Joint Statement of Additional Trial Issues (which seem to surround plaintiff’s intention to use video deposition testimony of one present and one former defendant).  On 10/21/22, the Court received the following additional materials: (1) Deposition designations without objections or statement as to authenticity; and (2) plaintiff’s jury questionnaire. 

The case is NOT ready for trial.  First, there is no verdict form.  Second, the actual jury instructions are not included, although that can be cured.  Third, the exhibit list does not include a stipulation as to authenticity or objections.  Fourth, there is no statement as to whether there are objections to any of the proposed deposition testimony.  Fifth, plaintiff has submitted a jury questionnaire but defendant has not nor has defendant commented on plaintiff’s proposal. 

The Court is also very puzzled by defendant’s apparent decision to waive any witness examination and waive introducing any exhibits.  Even where the Court precluded such things for a former failure to file FSC materials, the right to cross-examine a witness would generally not be waived.

This is not because the parties failed to meet and confer.  Defendant signed all of the joint documents.

Because the case is not ready for trial, the Court will discuss a future FSC date and new trial date.  The Court will not issue its rulings on the MIL’s at this time because that is generally not done until the case is ready for trial.  Further, they may all be moot because defendant does not intend to cross examine anyone or introduce exhibits.