Case Number: BC523323    Hearing Date: September 02, 2014    Dept: 46

Case Number: BC523323
ANNA BURD ET AL VS CAPITAL PACIFIC HOLDINGS LLC
Filing Date: 10/04/2013
Case Type: Construction Defect (General Jurisdiction)

09/02/2014 at 08:31 am in department 46 at 111 North Hill Street, Los Angeles, CA 90012
Conference-Case Management

This tentative ruling is posted at 1:00 p.m. on 8-29-2014 and the matter is set for hearing on 9-2-2014 at 8:30 a.m.

If there are no parties 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) 974-5665, 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.

Matter to be set for trial on 08/12/2015 at 9:30 a.m. and a final status conference on 07/07/2015 at 8:30 a.m. The court is aware of the 60-day trial estimate. The determination as to whether the matter shall be deemed a long-cause case will be made on 07/07/2015 when the matter returns for FSC.

The court orders the parties to select a mutually agreeable mediator by 02/25/2014, complete mediation by 5/21/2015 and then return to court for post-mediation conference on 5/22/2015 at 8:30 a.m. in Dept. 46.

The parties are to comply with the CMC order which is issued separately.

This ruling and the CMC order are posted on-line. No appearance is necessary if, after meeting and conferring regarding the tentative ruling, the parties both agree to the dates and times set for trial, the parties waive further notice of this trial, and one party calls the court and informs the court that the parties agree and that both parties waive notice.

IT IS SO ORDERED:

______________________________
Frederick C. Shaller, Judge

CASE MANAGEMENT ORDER
Case Number: BC523323
ANNA BURD ET AL VS CAPITAL PACIFIC HOLDINGS LLC
Trial and Final Status Conference

Matter to be set for trial on 08/12/2015 at 9:30 a.m. and a final status conference on 07/07/2015 at 8:30 a.m.

Jury Instructions and Verdict Form

The Court settles jury instruction and the verdict form at the Final Status Conference. A jury panel will not be ordered until the instructions and verdict form are settled.
Counsel and self-represented parties with authority to agree on jury instructions and the verdict form shall meet and confer in person within thirty (30) days of the Final Status Conference regarding jury instructions and a special verdict form with interrogatories. All counsel and self-represented parties shall bring to that meeting their requested jury instructions and special verdict form with interrogatories.
As required by LASC Local Rule 3.25(g)(7), counsel and self-represented parties shall present at the Final Status Conference one joint set of agreed jury instructions, one joint set of disputed jury instructions and one joint agreed special verdict with interrogatories. Jury instructions must be formatted as required by Cal. Rules of Court (CRC) 2.1055.
Any disputed jury instructions that is not a form instruction as approved by BAJI or CACI shall contain a citation to the case in support of the instruction with a page citation to the portion of the case that supports the instruction. If federal or out-of-state citations are included, a copy of the entire case must be lodged with the court in accordance with CRC 3.1113(i).

Motions in Limine

Motions in limine shall be noticed pursuant to CCP §1005(b) to be hear at the Final Status Conference and shall comply with LASC Rules 3.25(g)(2) and 3.57.

Counsel shall seek and obtain from the Court an alternate briefing schedule if it is not possible to notice a motion in limine for the Final Status Conference on 16 days notice, such as motions in limine regarding expert witnesses.

Witness and Exhibit Lists

Witness and exhibits lists shall be filed and served in compliance with LASC Local Rule 3.25(f)(1).

Alternative Dispute Resolution

The parties agree to mediation. The court orders the parties to select a mutually agreeable mediator by 02/25/2014, complete mediation by 5/21/2015 and then return to court for post-mediation conference on 5/22/2015 at 8:30 a.m. in Dept. 46.

All parties including persons with authority to settle, and lead trial counsel shall be physically present at the mediation. Insurance claims representatives assigned to the file and located in California shall be physically present. Insurance claims representatives assigned to the file and located outside California shall be available by telephone during the entire mediation.
Counsel participating in any form of alternative dispute resolution shall comply with CRC 3.1380(b). The mediator has no authority to make any exceptions to this order.

Motions

Objections to evidence filed in connection with any motion shall be in the format required by CRC 3.1354(b). Counsel shall lodge a proposed order on objections in the format specified in CRC 3.1354(c). Objections must be filed and proposed orders lodged at the time of the opposition or reply brief or objections will be waived.
All citations to federal or out of state authorities shall be accompanied by lodged out of state authorities in the format specified by CRC 3.1113(i).
No more than one (1) summary judgment/adjudication to be filed per party.

Trial

On the first date of trial, all counsel and self-represented parties will bring to court five sets of three ring binders containing exhibits. Exhibits must be sequentially numbered, starting from the number 1, on the lower right side of each page.
Counsel and self-represented parties are to assign trial exhibit numbers so there are no duplicate exhibit numbers.
Counsel and self-represented parties are ordered to meet and confer so that exhibits not in dispute can be admitted at the beginning of each party’s case.
Counsel and, where applicable, parties and witnesses, shall comply with LASC Local Rules 3.70 – 3.193.

IT IS SO ORDERED:

Dated: _______________________________
FREDERICK C. SHALLER
Judge of the Superior Court