Judge: Mark H. Epstein, Case: SC128408, Date: 2023-04-03 Tentative Ruling

Case Number: SC128408    Hearing Date: April 3, 2023    Dept: R

The matter is here for a final status conference.  The parties’ joint trial estimate is 10 court days, which means 45 hours, all in.  The court accepts that estimate.  While the court does not intend to hold the parties to the estimate in a precise sort of way, the court does expect that the parties have streamlined their case so that 45 hours “or so” is accurate. 

The court is in receipt of the following documents filed on 3/27/23: (1) Joint deposition chart.  The chart is essentially unintelligible.  The counter-designations do not appear to be tied to the actual designations, although perhaps they are.  Between the designations and counter-designations, virtually the entire deposition is designated.  The objections are “Irrelevant” and “Irrelevant & Argumentative.”  There is no indication as to who is objecting or whether the objection goes to the specific line of designation or is meant to be general.  The court will discuss this with the parties.  (2) Witness List.  37 witnesses are designated.  There are 40 hours of direct testimony and 23.5 hours of cross examination.  That is 63.5 hours of testimony, which does not seem to square with the 45 hour total trial estimate.  The court will discuss this with the parties.  (3) Joint Statement of the Case.  This appears to be compliant.  (4) Jury Instructions.  This appears to be compliant with the court’s request.  (5)  Special Verdict Form.  This appears to be compliant with the court’s instructions.  That said, it is not clear that disgorgement is for the jury and it is not clear that the unfair business practice issue is for the jury.  If the parties are stipulating to give it to the jury, the court will entertain the stipulation.  The court also notes that it is inclined to give special verdicts rather than general verdicts.  (6) Defendant’s trial brief.

If the case is going to be tried on 4/10/23, and if the trial estimate is real, the court will rule on the in limine motions.

The case will likely begin next week.  The court needs to finish up two short bench trials later this week.