Judge: Stephen I. Goorvitch, Case: BC712758, Date: 2022-07-29 Tentative Ruling

Case Number: BC712758    Hearing Date: July 29, 2022    Dept: 39

Green Solar Technologies, Inc. v. Raymond McElfish, et al.

Case No. BC712758

Trial Readiness Conference

[TENTATIVE] Order

            The Court anticipates that this case will proceed to trial on Tuesday, August 2, 2022.  The Court shall hold another trial readiness conference on Monday, August 1, 2022, at 8:30 a.m.  The Court issues the following rulings concerning issues relating to the trial:

            1.         Time Estimate – The Court has reviewed the second amended joint trial list, filed on July 8, 2022.  The Court finds that the parties’ estimate is excessive for a case of this nature.  Therefore, the Court imposes a time limit of 15 hours for the entire trial (i.e., opening statements, all witness examinations, all sidebars, closing arguments, etc.), absent unforeseen circumstances or other good cause.  This time estimate does not include voir dire. 

            2.         Court Reporter – If the parties plan to use a court reporter, the Court provides notice that the parties are responsible for arranging the court reporter and ensuring that the court reporter is present for trial.  If the court reporter does not appear, the trial shall proceed in the absence of a court reporter, and the parties shall be responsible for preparing a summary of the relevant testimony and evidence, which shall be due the following morning.

            3.         Jury Instructions – The Court ruled that McElfish is entitled only to a “reasonable fee” with respect to his representation of Nick Zvik, per the Court’s order of July 25, 2022.  With respect to Green Solar Technologies, Inc. (“Green Solar”), the Court ruled that McElfish is entitled only to fees “reasonably required” to represent Green Solar in the underlying case, acknowledging that Green Solar was only a cross-complainant.  This permits Plaintiffs to present evidence that McElfish performed unnecessary or unreasonable work under Evidence Code section 352. 

Based upon the foregoing, the parties should be prepared to discuss whether the Court should modify any of the proposed jury instructions to reflect this ruling.    

            4.         Deposition Designations – On July 13, 2022, Plaintiffs filed a notice that they intend to play certain portions of the deposition of Raymond McElfish.  McElfish will be a witness at trial, and counsel are not required to file a notice in order to introduce prior inconsistent statements.  Nevertheless, the Court rules as follows:

            63:24-64:16                 Asked and answered                                      OVERRULED

            65:8-23                        Asked and answered                                      OVERRULED

            81:18-85:15                 Speculation                                                    OVERRULED

            83:19-84:8                   Argumentative, speculation                            OVERRULED

            85:8-15                        Asked and answered                                       OVERRULED

            106:7-14                      Document speaks for itself                             OVERRULED