Judge: Mark H. Epstein, Case: SC122575, Date: 2023-02-01 Tentative Ruling

Case Number: SC122575    Hearing Date: February 1, 2023    Dept: R

The case is here for an FSC.  It has been here before.  On October 24, 2022, the court noted that the case was not ready for trial because there was no special verdict form and the actual proposed instructions were not given and that there was no statement as to objections concerning exhibits.  There were some other problems as well.

The court is in receipt of the following documents filed on October 20, 2022 and October 21, 2022: (1) Joint witness list (20 witnesses with 16.1 hours on direct and all cross-examination waived); (2) Joint Statement of the Case; (3) Statement of Unusual Issues (introduction of video deposition of defendant Collins and former defendant Williams being offered by plaintiff); (4) Proposed Jury Questionnaire by plaintiff (defendant waived objections); (5) Plaintiff’s deposition designations (defendant waived objections).  The court is in receipt of the following documents filed January 18, 2023: (1) Joint Exhibit List (24 exhibits offered; defendant waived objections); (2) Joint jury instructions (similar to those offered at the last FSC but with one additional special instruction).  On January 30, 2023 (meaning the day before yesterday), plaintiff filed revised jury instructions.  There are now 9 special instructions.  Defendant objects to three of the CACI instructions and none of the special instructions.

Plaintiff filed 5 motions in limine.  Defendant has not opposed them.

The parties have done little since the last FSC.  The problems that existed then still exist.  Although defense counsel has signed some documents, it is not clear to the court that defendant truly intends to defend the case—at least it would so appear.  The waiver of all cross examination is a questionable call.  The election to waive all objections to exhibits is not as questionable—if there is no objection, then there is no objection—but it is unusual.  And the decision not to object to any of the deposition designations is odd, although not improper.

The court will inquire if it is the parties’ mutual intent to proceed with the case with the understanding that: (1) plaintiff’s questionnaire will be used subject only to the court’s own objections (if any); (2) defendant waives cross-examination of witnesses waives the right to call any witnesses other than those plaintiff in fact calls; (3) defendant waives all objections to the admissibility of any of the documents on the exhibit list and waives the right to introduce any other exhibits; and (4) the parties stipulate to the jury instructions as most recently filed.

If that is the parties’ mutual intent, and if the parties can file a proposed verdict form within the next 24 hours, the court will consider deeming the case ready for trial.  If that is the case, the parties are asked to wait until all of the FSC’s for today are complete, after which the court will determine the order of cases to be tried next week.  If the parties do not intend to go forward, the court will discuss with defense counsel why defendant has elected to abandon the case and what orders follow from that.