Judge: Mark H. Epstein, Case: SC126845, Date: 2023-08-25 Tentative Ruling

Case Number: SC126845    Hearing Date: August 25, 2023    Dept: I

The matter is here regarding long cause status and also regarding an ex parte application for clarification.  They are related.

As to the clarification, the court states, and by this Minute Order confirms to Department 1 that Farzaneh is in compliance with the FSC requirements.  He stated on the record as a condition for the vacation of default that he adopted defendants’ FSC papers as his own.  That was reflected in the Minute Order of that day.  Farzaneh is well and truly bound to that agreement and defendants’ final status conference documents apply to him as will as others.  While there is no “wet ink” signature, this court believes that his statements on the record are sufficient.  The court also reiterates that there are no further proceedings that are required as to Farzaneh.  The matter is ready for trial.

As to stipulations regarding authenticity and admissibility, it appears that defendants are unwilling to stipulate to those things.  While this court finds it disappointing, the court cannot compel defendants to stipulate to that effect nor does the court believe that it is appropriate to hold plaintiffs’ from trial pending some form of stipulation by the defense.  Counsel has stated that they did meet and confer to attempt to arrive at such stipulations, but were unsuccessful. 

It appears that Department 1 would like the identity of the custodians of records to be named.  That should be done.  Department 1 also wants exhibits that are large groups of documents to be broken down into more discrete groups and better identified.  That should be done as well.

The court will consult with counsel as to how quickly the remaining items can be completed and will hold another hearing on that date with the hope of getting the matter to Department 1 for good and all.