Judge: Michael Small, Case: 21STCV09876, Date: 2023-10-23 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 21STCV09876    Hearing Date: October 23, 2023    Dept: 57

The Court is denying Defendant Hicham Zerhouni's request that the Court conduct a pre-trial hearing under Evidence Code Sections 402 and  802 to assess whether limits should be placed at trial on the testimony of Richard Knapp, who provided an opinion for Plaintiff State Farm Mutual Automobile Insurance Company ("State Farm") that is central to State Farm's declaratory relief action.  In the Court's view, Defendant has offered an insufficient basis for the requested hearing.   This is a bench trial, not a jury trial.  The Court will be able during the course of Knapp's testimony to evaluate any objections to Knapp's testimony that Defendant asserts and thereby, to the extent objections are granted, limit the range of the testimony from Knapp that the Court will consider in deciding State Farm's declaratory relief action. There is no need to conduct a separate, pre-trial hearing under Sections 402 and 802.

As part of his request for a pre-trial hearing regarding limits on Knapp's testimony, Defendant also asks that the Court  deviate from the usual order of presentation of evidence at trial and direct under Evidence Code Section 320 that Defendant testify prior to Knapp.  Defendant has failed to offer a sufficient basis for this requested deviation.
 
The Court also would like to take this opportunity to inform the parties that the Court is currently engaged in a jury trial in another case that started on October 18 and likely will last until October 31.  Thus, the Court will be unable to start the bench trial in State Farm v. Zerhouni as scheduled on October 23.  Nevertheless, counsel for both sides should appear on October 23 for the Court to address and rule on Defendant's Section 402/802 request and for a discussion on resetting the start of the bench trial in this case.