Judge: Mark H. Epstein, Case: SC128809, Date: 2023-02-01 Tentative Ruling

Case Number: SC128809    Hearing Date: February 1, 2023    Dept: R

This case is here for an FSC.  At the FSC hearing conducted on May 9, 2022, the court found the matter not ready for trial because the parties had not met and conferred in an attempt to prepare the case for trial.  At the FSC held on August 8, 2022, the court concluded that nothing had been done in the intervening four months and stayed the case, suggesting that given the parties’ conduct, it was likely that the case (which was filed on October 23, 2018) would be dismissed.  At the hearing on October 27, 2022, the court elected not to dismiss the case given plaintiff’s contention that it was trying in good faith to get the case ready for trial.

The court is in receipt of the following documents filed October 25, 2022: (1) Joint witness list (5 witnesses, 9 hours of direct examination and 4.75 hours of cross-examination); (2) Joint exhibit list (mis-filed—appears to be a duplicate of the witness list).  The court is in receipt of the following documents filed on May 4, 2022: (1) Plaintiff’s exhibit list (177 exhibits, but some offered by both parties, with no objections from anyone); (2) Defendant’s trial brief.  The court is in receipt of the following document filed February 4, 2022: (1) Plaintiff’s trial brief.

Because this is a bench trial, the parties did not file any jury materials.

The court has NOT received: (1) Deposition designations by either party.

No party has filed any motions in limine, which is not atypical for a bench trial.

The court cannot tell if the case is ready for trial.  The court needs to see the current exhibit list if it is different from the May 4, 2022 list.  If the May 4, 2022 list is operative, the court needs to know if defendant is stipulating to the admission of those documents.  If no one intends to use any deposition testimony other than for impeachment, then there is no need to file a deposition statement.  While a trial brief from plaintiff would be nice, the court may be able to go forward without it in a pinch given that the case appears to be a 3-4 day trial.

The court will inquire of counsel.  If the case is ready for trial, then the court will ask the parties to remain until all of the FSC’s have been completed, at which time the court will determine the order of trials for next week.