Case Number: BC575913 Hearing Date: August 04, 2015 Dept: 46
Case Number: BC575913
JD2 INC VS FABCO METAL PRODUCTS LLC ET AL
Filing Date: 03/20/2015
Case Type: Breach Rental/Lease (not UD/Evict) (General Jurisdiction)

08/04/2015
Conference-Case Management

NOTICE OF POSTING OF TENTATIVE RULING AND TELEPHONIC SUBMISSION

This tentative ruling is posted at 12:01 p.m. on 8/04/2015.

If there are no parties who have appeared in the action other than Plaintiff/Petitioner, then Plaintiff/Petitioner may submit to the tentative without appearance by telephonic notification to the clerk of Dept. 46 between 8:00 a.m. and 4:30 p.m. on a date prior to the hearing or morning prior to the hearing by calling (213) 633-0646, and the court will issue the tentative ruling as the final ruling. If the other parties have appeared in the action, then the parties must first confer and all agree that the tentative ruling will be the final ruling on the matter. If the parties to the matter before the court all agree, a representative of the parties may call the clerk and submit without an appearance, and the court will issue the tentative ruling as the final ruling. If an order is required, it should be lodged directly in Dept. 46 with a copy to adverse/other parties, if any.

TENTATIVE RULING

Matter is set as a jury trial. The following dates are set in this matter:

Note 1 Select Mediator 1/8/2016
Note 1 Complete Mediation 4/7/2016
Note 1 Post-Mediation Completion Date 4/8/2016 8:30 a.m.
Note 4 In Person Meet and Confer Deadline Re Trial Documents 05/13/2016
Note 5 File and Serve Motions In Limine (Opposition and Reply Per Code for Noticed Motions) 05/19/2016
Note 3 Discovery Deadline including hearing on motions related to discovery 05/30/2016
Note 4 Exchange Final Lists and Documents As Ordered Below and File with Dept. 46 and Exhibit Exclusion Deadline 06/13/2016
Note 6 Final Status Conference and Presentation of “trial readiness binder(s)” 6/15/16 8:30 a.m.
Notes 7 Jury Trial and Delivery of Evidence Books, Deposition Transcripts 06/29/16 9:30 a.m.

Note 1: The parties agree to mediation. The court orders the parties to select a mutually agreeable mediator by 1/08/2016, complete mediation by 4/07/2016 and then return to court for post-mediation conference on 4/08/2016 at 8:30 a.m. in Dept. 46.

Note 2: Jury fees were posted by Plaintiff on 07/28/2015. Jury Trial is set for 06/29/2016 at 9:30 a.m. in Dept. 46.

Note 3: Deadline for completion of all written discovery, depositions, and motion practice shall be 05/30/2016.

Note 4: The parties are ordered to meet and confer in person not later than 05/13/2016 to discuss and come to agreement regarding final preparation of documents for the Final Status Conference. The parties should discuss, among other things, (1) identity of motions in limine to be brought by each party; (2) identity of witnesses to place on joint witness list, (3) identity of exhibits to be listed on joint exhibit list; (4) the method and timeline for actual exchange of trial exhibits; (5) the identity of any CACI, BAJI, or Special Jury Instructions to be filed with the court; (6) division of labor and timeline regarding preparation of actual text for the jury instructions and FSC book to be submitted to the court for documentation of compliance with this CMC order.

By 06/13/2016, the parties are to exchange final trial witness lists, exhibit lists, proposed jury instructions and special verdict forms in final form (not merely a reference to a CACI or BAJI instruction or verdict forms) and shall have met and conferred and prepared joint witness and exhibit lists and a trial book with actual exhibits – impeachment and rebuttal exhibits and witnesses excepted – that also includes motions in limine and jury instructions and special verdict forms. These documents shall be placed into a trial readiness binder to present to the court on the date of the FSC.

After 06/13/2016, any undisclosed exhibits (ones that have not been identified and a copy of the actual exhibit exchanged) or unidentified witnesses shall be excluded from the trial absent a finding by the trial court of surprise or justifiable excuse and absence of prejudice to the other party even if the case is continued.

Note 5: Motions in Limine are to be served by mail by 05/19/2016 and are to be heard at the FSC. Opposition and reply shall be in compliance with CCP §1005.

Note 6: Final Status Conference is set for 06/15/2016 at 8:30 a.m. in Dept. 46. At the final status conference the court will determine trial readiness and will receive the trial readiness binder(s) and inquire of the parties as to completion of (1) Joint Witness List; (2) Joint Exhibit List; (3) Exchange of Actual Trial Exhibits excluding rebuttal or impeachment exhibits; (4) Jury Instructions and Special Verdict Form; (5) Motions in Limine: (6) Completion of Trial Books. If the parties have not complied, further FSC dates will be set.

The parties are to prepare a “trial readiness binder” with the required documents and bring a copy to the FSC for the court. Copies of the trial book shall be provided to each party or attorney.

The trial readiness binder must include: (1) Exhibit List; (2) LACIV – 216 relating to each exhibit which shall include a statement as to whether the parties stipulate to authenticity, foundation, and/or admission of the exhibit; (3) Actual Exhibits pre-marked with exhibit and page numbers; (3) Witness List which includes a brief description of the testimony expected from each witness and an estimate of time for direct and cross examination; (4) Motions in Limine and any opposition or reply; (5) Actual Jury instructions subdivided as stated above; (6) Special Verdict Forms, and in jury trials, (7) A brief statement of the case for the jury to be read during jury selection.

Proposed jury instructions presented in the trial readiness binder shall be in the actual form that is to be read to the jury, not merely a reference to a CACI or BAJI instruction. The jury instructions shall be divided into three separate groups: (A) Agreed upon Instructions; (B) Those proposed by Plaintiff but as to which Defendant(s) object; and (C) Those proposed by Defendant(s) and objected to by Plaintiff. The parties shall submit a statement in support of any objection or against any objection to a proposed instruction supported by points and authorities.

The court will retain the trial readiness binder as evidence of mutual exchange and to base later exclusion orders.

Note 7: The original deposition transcripts and the original and four (4) copies of the “Evidence Binders” are to be delivered to the court on the date of trial.

The parties are to place originals of all trial exhibits into a 3-ring binder or binders as needed for the court with a copy of a joint exhibit list as a table of contents and with each trial exhibit corresponding to the joint exhibit list. Exhibits shall be separated by a tab corresponding to the exhibit number. A multipage exhibit should have each page numbered for reference during testimony. The 3-ring binders shall also contain a copy of the joint witness list with a brief description of the testimony expected from each witness and an estimate of time for direct and cross examination.

Failure to comply with this order may subject a party or attorney to sanctions, including striking pleadings, or precluding the introduction of evidence or contesting issues at trial.

IT IS SO ORDERED:

______________________________
Frederick C. Shaller, Judge