Case Number: BC642455
THE PEOPLE OF THE STATE OF CA VS ERIK JUSTIN CUTSHAW ET AL
Filing Date: 12/01/2016
Case Type: Other Real Property Rights Case (General Jurisdiction)
05/09/2017 at 08:31 am in department 46 at 111 North Hill Street, Los Angeles, CA 90012
NOTICE OF TENTATIVE RULING AND PROCEDURE
FOR SUBMISSION WITHOUT HEARING
The parties may submit to the tentative ruling without appearing for the hearing if you follow these instructions: (1) If ALL PARTIES (except if no other parties have appeared, only Plaintiff) have read the tentative ruling and ALL PARTIES agree and submit to the tentative ruling, then court appearances may be waived. The matter will remain on calendar and the tentative ruling will be adopted as the FINAL RULING and entered on the date of the hearing; (2) If ALL PARTIES SUBMIT, the Court directs ONE PARTY REPRESENTATIVE to send an email to [email protected], at least one day prior to the hearing date, to advise the Court that ALL PARTIES SUBMIT, also STATING WHICH PARTY WILL GIVE NOTICE, or if NOTICE IS WAIVED; (3) Please refrain from sending individual emails to [email protected] with a request to modify the tentative ruling or indicate one party submits but waiting to hear from the other side, as these emails will not be considered. ALL PARTIES must appear in Court. Needless to say, if parties do not submit, there is NO NEED to contact the Court. The Court expects to see you on the date of the hearing; (4) If there is a signed Order or Judgment, and you have provided an extra copy to be conformed and an attorney service return slip, this will be available for pick up in Dept. 46 attorney service pick-up box the next business day.
The matter is ready for trial setting as Defendant Kenneth Cutshaw Answered on 1/13/2017 and Defendant Erik Cutshaw is in default on the Complaint, Default entered on 1/18/2017. The court has received a Case Management Conference statement from both sides. There is no right to jury trial in this matter due to the equitable nature of the remedy sought. Matter is set for non-jury trial. Case Management Conference Order is issued.
CASE MANAGEMENT ORDER
The following trial and pretrial dates are set and Case Management Orders are made in this matter.
Post-Mediation Hearing / Further Case Management Conference per CRC 3.723
9/29/2017 8:30 a.m.
Notes 2 & 7
Trial and Delivery of Evidence Books, Deposition Transcripts
1/24/2018 9:30 a.m.
Discovery Deadline including hearing on motions related to discovery
In Person Meet and Confer Deadline Re Trial Documents
File, lodge in Dept. 46, and serve TRIAL DOCUMENTS
Final Status Conference, ruling on MIL, determination of compliance with the CMO, and Presentation of “trial readiness binder(s)”
1/11/2018 8:30 a.m.
1/24/2018 9:30 a.m.
Note 1: Mediation. If the parties both agree to participate in mediation, then the parties are ordered to select a mutually agreeable mediator by 7/7/2017, complete mediation by 9/28/2017 and then return to Dept. 46 for post-mediation conference on 9/29/2017 at 8:30 a.m. in Dept. 46. The parties must return to Dept. 46 for Further Case Management Conference on 9/29/2017 at 8:30 a.m. in Dept. 46 even if mediation process is not started or, if started, remains incomplete. No additional Case Management Statements are necessary.
Note 2: Trial Date. Trial is set for 1/24/2018 at 9:30 a.m. in Dept. 46.
Note 3: Discovery/Motion Cut-Off. Subject to CCP §2024.010 (motions) and CCP §2034.010 (expert depositions and motions relating thereto) or other statutory exceptions, deadline for completion of all written discovery, depositions, and motion practice shall be 12/26/2017.
Note 4: IN PERSON MEET AND CONFER – LR 3.25(g)(2). Counsel for the parties are ordered to meet and confer in person (face-to face) not later than 12/13/2017 to discuss, plan, determine the timing of receipt of necessary information for preparation of the trial documents including written opposition positions as to any matters which are the subject of motions in limine, and agree as to preparation and delivery of essential trial documents to the court in a timely manner as to the following. These documents must be filed, lodged in Dept. 46, and served on the opposing party such that actual delivery on the other party and on the court by five court days prior to the final status conference. Hearing on motions in limine and review of compliance with this order shall be at the Final Status Conference date.
(1) Motions in Limine. Identify, and if possible, come to agreement regarding evidentiary issues that may be addressed in a motion in limine by each side and filing of papers not later than the deadline for filing and lodging motions in limine. The parties are to comply with L.R. 3.57 regarding Motions in Limine. The court will not entertain boilerplate motions in limine such as “evidence not disclosed in discovery” or “opinions not disclosed by expert deposition” unless the motion in limine is addressed to a very specific opinion, exhibit, or factual issue.
(a) Stipulation in lieu of motion. A potential solution to an evidentiary admissibility dispute is to stipulate that the parties will not mention to the jury a particular opinion, exhibit, or factual issue or matter until foundation is laid at trial and an objection raised at trial is overruled. Any stipulation shall be stated in an abbreviated writing served, lodged in Dept. 46, and filed with the court five court days in advance of the FSC.
(b) Joint Statement Regarding Motions in Limine for represented parties. If agreement cannot be reached, and all parties interested in the motion are represented by counsel, the moving party shall be responsible to file a JOINT STATEMENT regarding the motion in limine and the opposing party shall be responsible to state his/her/its position in writing in a timely manner to permit the filing of the joint document. The moving party should lodge directly in Dept. 46 and, separately, file a JOINT statement that addresses the evidence sought to be excluded or limited and the position of the moving party, the counter position of the opposing party, and any reply.
(c) Motion in Limine Form and Timing for Uncooperative Parties or Self-Represented Parties. Motions in limine by or against uncooperative or self-represented parties must be filed and served in accordance with L.R. 3.25(f)(2) - with notice as required by CCP §1005 and CCP §1013 - with the hearing date of the Final Status Conference.
(2) Witness List. Identify all non-impeachment and non-rebuttal witnesses in a JOINT witness list which shall include the names of all witnesses who may be called at trial, by whom to be called, and the estimated time for direct and cross-examination. The JOINT WITNESS LIST shall be served, lodged in Dept. 46, and filed with the court five court days in advance of the FSC.
(3) Exhibit List. Identity of exhibits to be listed on a JOINT EXHIBIT LIST. Any numbering system the parties mutually agree upon is acceptable to the court, but designations may not be duplicated. The JOINT WITNESS LIST shall be served, lodged in Dept. 46, and filed with the court five court days in advance of the FSC. The parties shall file the JOINT EXHIBIT LIST in the format of a table with a row for each exhibit and with columns for the number, description, who is offering the exhibit, whether the parties stipulate to authenticity, whether the parties stipulation to admission, whether the parties object to admission and why, when identified and when admitted. An example of the format is the LASC form, LACIV 216, which may be used in lieu of a specially prepared table.
(4) Actual Trial Exhibits in JOINT TRIAL Binder(s). The method and timeline for actual exchange of all anticipated trial exhibits except for those for solely impeachment or rebuttal writings. The parties shall work together to place all exhibits, where possible, into three-ringed binders with the actual exhibits marked with the appropriate numbers which were assigned to each exhibit on the JOINT EXHIBIT LIST. A multipage exhibit should have each page sub-numbered for reference during testimony. Any writing or exhibit not listed on the joint exhibit list and actually produced in full, complete, and final form to all parties by five court days prior to the FSC will be excluded at trial. In order to prove compliance with this order in the event of any disputes regarding compliance with the actual disclosure of exhibits requirements, the original exhibit book must be brought to the Final Status Conference and the parties shall each separately assure that all parties have reviewed or had the opportunity to review the JOINT EXHIBIT BOOK before the matter is called for FSC.
(5) Jury Instructions. For jury trials, the identity of and the ACTUAL TEXT IN A FORMAT READY TO BE READ TO THE JURY of any CACI, BAJI, or Special Jury Instructions are to be filed with the court in compliance with CRC 2.1055. The parties are to make all the fill-ins required by the jury instructions. Jury instructions shall be filed in three groups: Full and complete Joint Instructions for which there is no dispute (undisputed); Full and complete Instructions proposed by Plaintiff and disputed by other parties; Full and complete instructions proposed by Defendants and disputed by Plaintiff or other parties. The ACTUAL TEXT OF JURY INSTRUCTIONS shall be served, lodged in Dept. 46, and filed with the court five court days in advance of the FSC.
(6) Special Verdict Forms with Interrogatories. For jury trials, the identity of and the ACTUAL TEXT IN A FORMAT READY TO BE SUBMITTED TO THE JURY OF ANY agreed SPECIAL VERDICT FORM(s) WITH INTERROGATORIES. The SPECIAL VERDICT FORM(s) WITH INTERROGATORIES shall be served, lodged in Dept. 46, and filed with the court five court days in advance of the FSC. If the parties cannot agree on a verdict form, the parties must submit their own full and complete jury ready special verdict form. The ACTUAL TEXT in JURY READY form shall be served, lodged in Dept. 46, and filed with the court five court days in advance of the FSC.
(7) Joint Statement of Case. For jury trials, the text of a jointly worded statement of the case for the jury to be read to the jury as an introduction to the case prior to jury selection. The JOINT STATEMENT OF CASE shall be served, lodged in Dept. 46, and filed with the court five court days in advance of the FSC.
Note 5: Timing for Trial Documents. ALL TRIAL DOCUMENTS (Except Motions in Limine which should have already been served) MUST BE ACTUALLY RECEIVED IN DEPT. 46 NOT LATER THAN 1/5/2017. A courtesy copy may be lodged directly in Dept. Trial documents are those listed as items 1 – 7 under Note 4. These documents must be served, lodged in Dept. 46, and separately filed with the court not later than five court days in advance of the Final Status Conference. In the event there are uncooperative parties who will not meet and confer or comply with the joint document preparation requirements or for self-represented parties, Motions in Limine are to be served by mail with notice compliant with CCP §§1005 and 1013 and the parties may unilaterally comply by filing separate trial documents. However, the court will impose monetary and/or evidentiary sanctions for a represented party’s failure to comply in good faith.
Note 6: Final Status Conference. Final Status Conference is set for 1/11/2018 at 8:30 a.m. in Dept. 46. At the final status conference the court will determine trial readiness and will receive or review any disputed trial readiness binder(s) and review the trial documents and determine compliance with the Case Management Order including: (1) Review of Joint Witness List; (2) Review of Joint Exhibit List; (3) Determine Exchange of Actual Trial Exhibits excluding rebuttal or impeachment exhibits and order that documents not exchanged are excluded; (4) For jury trials, determine readiness of Jury Instructions and Special Verdict Forms for submission to the jury and review areas of dispute; (5) Rule on Motions in Limine; (6) Completion of Trial Books. If the parties have not complied, further FSC dates may be set and/or monetary and/or evidentiary sanctions for a failure to comply may be issued.
Note 7: Day of Trial documents. The original deposition transcripts and the original and five (5) copies of the “Evidence Binders” are to be delivered to the court on the date of trial. The parties should have had the original of these binders ready for inspection by the court on the date of the FSC and should have made the necessary copies in the period between the FSC and trial.
Sanctions. Failure to comply with a material provision of this order may subject a party (represented or self-represented) or an attorney to sanctions, including striking pleadings, or precluding the introduction of evidence or contesting issues at trial. Failure to comply with time deadlines may result in continuance of trial.
IT IS SO ORDERED:
Frederick C. Shaller, Judge