Judge: Mark H. Epstein, Case: SC123657, Date: 2023-03-22 Tentative Ruling

Case Number: SC123657    Hearing Date: March 22, 2023    Dept: R

The matter is here again for a final status conference.

On December 5, 2022, the court held an FSC and determined that the case was not quite ready for trial, although since that time, progress has been made.

The court is in receipt of the following materials.  (1) Joint Statement of the Case; (2) Joint Jury Instruction list setting forth (a) the CACI instructions to which there are no objections, (b) the instructions plaintiff proposes to which defendant objects, and (c) the instructions defendant proposes to which plaintiff objects; (3) Joint Exhibit List (about 176 from plaintiff and 57 from defendant); (4) Joint Witness List (33.5 hours of direct, 32 hours  cross for a total of 65.5 hours); (5) Defendants’ Special Verdict Form; (6) Plaintiffs’ Special Verdict Form (the parties are very close on an agreed form and the court tends to agree with defendants’ form as to “fraud—false promise,” and, given that, the court instructs the parties to prepare a joint special verdict form); (7) Defendants’ jury instructions; (8) Plaintiffs’ jury instructions.  The court does not see any trial brief, deposition designation, or jury questionnaire.  However, if no one is requesting a questionnaire or intends to use deposition testimony other than for impeachment, neither document is required.  Similarly, trial briefs are optional in this department for jury trials.  The court presumes that the jury instructions track to the jury instruction list.

The court is also in receipt of various motions in limine, upon which the court believes it has ruled.

The court has seen the recent motion to quash the trial subpoena of witness Espina, a former employee of Farr.  The court will hear the opposition to that motion, although the court is relatively familiar with that motion based on the last FSC.  On the current state of the record, the court would GRANT the motion and deem this witness to be unavailable for purposes of the hearsay rule.

The case may be READY FOR TRIAL.  The court will discuss with the parties its trial schedule.  Assuming that the case is going forward, the court will require the following to be lodged by Friday at noon:  Trial Notebook #1.  This will contain: (1) the operative complaint; (2) the operative answer; (3) the operative cross-complaint; (4) the operative answer; (5) the witness list; (6) the exhibit list; (7) the short statement of the case.  Trial Notebook #2.  This will contain: (1) an exhibit list; (2) the exhibits being proffered.  All depositions from all witnesses to be called will also be lodged.  There will be (3) copies of Notebook #2—one for the court, one for the judicial assistant, and one for the witness.  Trial Notebook #3.  This will contain each in limine motion, the opposition, the reply, and the ruling.  (Tabbed as, for example, “Plaintiff’s motion #1,” with sub-tabs (a)-(c) for the moving papers, opposition, and reply.  At the binder’s front will be the court’s rulings, which can be in a single tab.)

The parties are reminded that the court makes no promises as to courtroom technology.  If any witness is going to appear remotely, IT IS THE RESPONSIBILITY OF THE PARTY CALLING THE WITNESS TO ENSURE THAT THE CONNECTION IS GOOD AND THAT DOCUMENTS CAN BE SHOWN TO AND REVIEWED BY THE WITNESS.  Counsel are to work together to achieve technical success.