Case Number: BC496113    Hearing Date: July 17, 2014    Dept: 46

Posted 7-16-2014 2:10 p.m.
For calendar #6 7-17-2014

Case Number: BC496113
DAVID HEISLOP ET AL VS MAYER BEVERLY PARK LIMITED PARTNERSHI
Filing Date: 11/21/2012
Case Type: Other PI/PD/WD (General Jurisdiction)

07/17/2014
Conference-Case Management
OSC Regarding Dismissal of Un-served Defendants

It appears that the court previously was in error that Mayer Beverly Park Limited Partnership dba Broadcast Center Apartments had not been served. The proof of service was filed on 02/08/2013 according to the court’s electronic document image file. However, Mayer Beverly Park Limited Partnership dba Broadcast Center Apartments has not appeared in the action and is in default. Plaintiff is ordered to file a request for entry of default in the action as to Mayer Beverly Park Limited Partnership dba Broadcast Center Apartments on or before 07/30/2014. OSC regarding filing of request for entry of default and for sanctions pursuant to CRC 2.30 for failing to file a request for entry of default as required by CRC 3.110 is set for 08/01/2014 at 8:30 a.m. in Dept. 46.

The unserved defendant is Kristan Alahs. Unless good cause is shown, Kristan Alah is ordered dismissed without prejudice.

As to the one defendant that has appeared, Ashley Farrell, the action should be set for trial.

Plaintiff has failed to file a CMC statement as previously ordered on 06/17/2014 and is therefore ordered to pay sanctions of $50 to the clerk of the court within 30 days.

Matter to be set for trial on 06/10/2015 at 9:30 a.m. and a final status conference on 05/26/2015 at 8:30 a.m.

The defendant indicates agreement to mediation. The court orders the parties to select a mutually agreeable mediator by 1/15/2015, complete mediation by 4/10/2015 and then return to court for post-mediation conference on 4/11/2015 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: BC496113
DAVID HEISLOP ET AL VS MAYER BEVERLY PARK LIMITED PARTNERSHI
Trial and Final Status Conference

Trial is set for 6/10/2015 at 9:30 a.m. in Department 46.

Final Status Conference is set for 5/26/2015 at 8:30 a.m. in Department 46.

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 have agreed to mediate. Counsel shall select the mediator by 1/15/2015. The mediation shall be completed by 4/10/2015. Post-Mediation status conference is set for 04/11/2015 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