LEE DBA CALIFORNIA CONCRETE PUMP PROS vs CHARLES

The list of undisputed facts to be used at trial; 11. Each item that is required to be addressed in this Trial Readiness order; 12. All disputes that may be subject to motions in limine, including motions pursuant to Evidence Code §402. et seq.

If the matter proceeds to jury trial, the parties must meet and confer about the following additional topics:

13. Whether the parties stipulate to an expedited jury trial pursuant to CCP § 630.01 et seq.; 14. Jury instructions on which the parties agree, and the list of those in dispute; 15. Whether the parties stipulate to a reduced number of peremptory challenges; 16. The utility of a jury questionnaire; 17. The content of the joint, neutral statement of the case; 18. Whether counsel wants to present “mini-openings” to the jury.

“Meet and Confer” means to discuss each item, either in person or via telephone or videoconference, not the exchange of emails.

MOTIONS IN LIMINE No party may file more than three motions in limine without leave of court. All motions in limine must be filed and personally served on all other parties at least fourteen (14) calendar days prior to the Pretrial Conference. All briefs in opposition to the motions must be filed and personally served on all parties no later than six (6) court-days before the Conference. No later than five (5) court days before the Pretrial Conference, Plaintiff must deliver to Department 15 a printed, tabbed and labeled binder containing: a) a list of all in limine motions filed – plaintiffs’ listed first and then defendants’ motions in numerical order - with the subject of each motion described in less than 10 words and an indication if the motion is stipulated, withdrawn, deferred or contested and leaving a space for a ruling (grant/denied);

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

26CV171965: LEE DBA CALIFORNIA CONCRETE PUMP PROS vs CHARLES 07/21/2026 Initial Case Management Conference in Department 15

b) a copy of each of plaintiffs’ motions followed by any opposition to each such motion, and

c) a copy of each of defendants’ motions, followed by any opposition to each such motion. The following in limine motions shall NOT be filed but shall be deemed ORDERED unless the parties stipulate otherwise or take exception in a motion.

1. There will be no reference to or evidence of: settlement discussions or mediation; insurance; other claims/suits/actions against a party; and the financial condition of any party except in the punitive damages phase of a case, if applicable.

2. All non-party witnesses are to be excluded from the courtroom until they testify, and their testimony concludes. Parties should not file generic motions unrelated to the specific facts of the case. For example, a "motion to exclude evidence not disclosed in discovery" is not helpful unless the motion references specific, objectionable evidence that the opponent is expected to offer. THE PRETRIAL CONFERENCE At least five court-days prior to the Pretrial Conference the parties must file, serve on all other parties, and deliver printed courtesy copies to Department 15, each of the following: JOINT Exhibit List - Each party shall provide an exhibit list, styled in the following column format:

# or letter Title Description Witness Date Stipulated Admitted Notes

JOINT Jury Instructions and Verdict Forms - Stipulated (meaning fully agreed upon): form jury instructions with all blanks filled in; all specially prepared jury instructions with all blanks or information filled in; and the verdict forms. All of these items must be in a form that can be given to the jurors at the beginning or conclusion of the trial. This means the packet must be collated, in order, with no identifying marking other than the CACI, must be tailored to the case with all blanks filled in with the correct identifying information, must have all extraneous portions deleted, and have all brackets removed.

If any instruction has been modified, a separate copy of the instruction with all modifications clearly identified through track changes. Any proposed jury instructions or verdict forms not agreed to by the parties must be separately filed (with a proposed version using track changes, and a clean version), with both a printed and an electronic courtesy copy delivered to Department 15 at least five court-days prior to the Trial Readiness Conference. See also LR 3.35(i)-(j).

Jury Questionnaire - A jury questionnaire that contains a blank line for the name and badge number of the juror, and includes a list of counsel who will appear, and all witnesses (in alphabetical order) who may testify at the trial. Any proposed jury questionnaire not agreed to by

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

26CV171965: LEE DBA CALIFORNIA CONCRETE PUMP PROS vs CHARLES 07/21/2026 Initial Case Management Conference in Department 15 the parties must be separately filed with a courtesy copy (hard copy) delivered to Department 15 at least five court-days prior to the Trial Readiness Conference.

JOINT Statement of the Case - A joint, neutral, brief, proposed statement of the case that will be read to the jury panel before voir dire. See LR 3.35(h). If there are any areas of disagreement then the parties shall indicate within the joint statement the portions that are agreed upon, and those that are not using track changes, with each party providing a clean version if the track changes were accepted as proposed by them. If each party agrees to present a brief "miniopening" (up to 5 minutes) to the jury panel, please indicate that request to the Court when filing the proposed joint statement of the case.

Trial Briefs - A succinct trial brief (not to exceed ten pages) setting forth the undisputed facts, disputed facts, and law upon which that party will rely. The trial brief will also address (a) whether there are evidentiary issues that will require a Trial Readiness hearing; (b) a good faith, accurate trial time estimate for that party's activities during the trial (the total time estimate should take into account the opening statement, all of that party's anticipated direct testimony and cross examination, and closing argument); (c) whether a party will be arranging for an interpreter for any witness; and (d) any other trial readiness issues.

JOINT Witness List - A comprehensive list of all witnesses the party intends to call in the case. The list should be in alphabetical order and should generally identify the anticipated subject matter of each witness's testimony. See LR 3.35(f). The witness list will also identify the length of time each witness is expected to testify in hours on direct, cross-examination and redirect.

The parties must also lodge in printed form by the time of the Pretrial Conference the following:

Deposition Transcripts - Lodge all original deposition transcripts. LR 3.35(c)(1).

Deposition Designations - Deposition designations and counter-designations are not to be filed with the Court. All deposition designations must be provided to the Court five Court days prior to the Pretrial Conference/Trial Readiness Conference in the following format: (a) page and line designations and counter-designations, (b) objections to the designations, if any (c) response(s) to the objections, if any, and (d) boxes for the Court to check whether any objection(s) to the designated page(s)/line(s) are sustained or overruled.

Expedited Jury Trial - If the parties agree to the expedited jury trial procedures contained in CCP 630.01 et seq., parties must provide the Court with a proposed consent order pursuant to CCP§ 630.03(a). Trial Exhibits - Both parties shall use numbers to identify exhibits. If there is more than one Defendant, or if the parties have a high volume of exhibits, counsel shall meet and confer to assign a range of exhibit numbers to each party. There should be no duplicative exhibits for the parties.

The parties shall be prepared to discuss presentation of exhibits electronically at the Pretrial/Trial Readiness Conference. All exhibits will be marked for identification by Department 15 on the first day of trial. See also LR 3.35(b) and (g). Three copies of the Exhibit binders will be provided to the Court the day of the Pretrial/Trial readiness Conference.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

26CV171965: LEE DBA CALIFORNIA CONCRETE PUMP PROS vs CHARLES 07/21/2026 Initial Case Management Conference in Department 15

USE OF PRETRIAL DISCOVERY AT TRIAL All parties shall meet and confer prior to the first day of trial about the admissibility of any excerpts from any business records, deposition transcripts, video depositions and audio recordings and their transcripts, and responses from any interrogatories, requests for production, or requests for admission, to be used at trial other than for impeachment or rebuttal. See also LR 3.35(c)(1)-(2), and (d).

WITNESSES Witnesses, including experts, must be ready to testify in court when called. Absent exceptional circumstances, a party who fails to present a witness to testify will be deemed to have rested.

COURT REPORTERS The parties are advised, pursuant to CRC 2.956(b), that a court reporter is not provided by the Court for general civil proceedings, including the Trial Readiness Conference, motions in limine, specially set trial hearings, or any other proceeding. Counsel must meet and confer in advance to reach any agreement or arrangement for the presence of a certified shorthand reporter to serve as an official pro tempore reporter at the trial. It will be the responsibility of the litigant(s) to pay the reporter's fee for the attendance at the proceedings, but the expense may be recoverable as part of the costs of suit.

See CRC 2.956(c). If selected, a court reporter must be available during the entirety of the Court's schedule as set by the judge, including the Trial Readiness Conference. The court reporter should be available at least 15 minutes prior to the scheduled start time for each trial day or session. Unless otherwise authorized by the judge, all trial testimony must be reported by the same court reporter, who must also be present in the courthouse during jury deliberations in case a read back of testimony is needed.

See also LR 3.95. Any court reporter working within the Alameda County Superior Court shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, the Court and others with whom they come into contact.

USE OF EXHIBITS / PLEADING / DEMONSTRATIVE AIDS / SIMULATIONS, ETC. No counsel, party or witness may show any document, chart, graph, map, picture, model, video, slide presentation, pleading, demonstrative aid, video, simulation, or any other document (other than a stipulated exhibit) to the jury at any point in the trial, including voir dire, except by stipulation of counsel, or with prior court approval. If any counsel, party or witness intends to use such an item during trial, it must be provided to all counsel and the court no later than four court days prior to use.

No later than three court days prior to use, all opposing counsel or parties must meet and confer to resolve any objections. If the parties are unable to resolve the dispute, no later than noon 2 court days prior to proposed use (e.g., if the item is expected to be used on trial on Thursday, then by noon on Tuesday), counsel must inform the court of the dispute so the court can make a ruling. FAILURE TO COMPLY WITH ANY PART OF THIS PROVISION MAY RESULT IN THE ITEM NOT BEING DISPLAYED TO THE JURY OR OTHERWISE USED AT TRIAL.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

26CV171965: LEE DBA CALIFORNIA CONCRETE PUMP PROS vs CHARLES 07/21/2026 Initial Case Management Conference in Department 15 DISMISSAL OF PARTIES On the first day of trial, all remaining unnamed "DOE" parties will be dismissed.

DAILY SETTLED STATEMENTS If the parties choose not to retain a court reporter for trial, then counsel shall meet and confer at the end of each day’s proceedings and prepare a joint settled statement of what occurred at trial for that day, including a summary of each witness’s testimony, the arguments of counsel (if any) and rulings by the court.

NO SURPRISES! Keep the court and opposing counsel informed of any issues regarding witnesses, motions, scheduling problems, etc. Any motions for non-suit or directed verdict shall be filed in writing.

FURTHER CONFERENCE A Case Management Conference is scheduled for 01/19/2027 at 02:30 PM in Department 15.

Updated Case Management Statements in compliance with Rule of Court 3.725, on Judicial Council Form CM-110, must be filed no later than 01/04/2027. If the foregoing date is a court holiday or a weekend, the time is extended to the next business day.

If you contest the tentative ruling you must do so in a timely manner in accordance with the Local Rules. Failure to alert the Court and the opposing side or to appear will result in the Court affirming its tentative ruling. If the tentative ruling is uncontested, no appearance is necessary and the Court's tentative ruling will become a final order of the Court after the hearing.

Counsel must carefully review the order which will set forth the Court's reasoning. Counsel must also review Dept. 15's information page, which contains answers to frequently asked questions, and sets forth guidance for communicating with the department and litigating certain motions and proceedings. This information is available on the eCourt Public Portal at www.eportal.alameda.courts.ca.gov under the “Direct Calendaring” tab. If any party contests, the zoom login credentials are:

Join ZoomGov Meeting https://alameda-courts-cagov.zoomgov.com/j/16116905917?pwd=SUQrVFJYbTU0VENvVFdoWlduMVNsUT09 Meeting ID: 161 1690 5917 Passcode: 315

Clerk is directed to serve copies of this order, with proof of service, to counsel and to self-

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

26CV171965: LEE DBA CALIFORNIA CONCRETE PUMP PROS vs CHARLES 07/21/2026 Initial Case Management Conference in Department 15 represented parties of record. The Court orders counsel to obtain a copy of this order from the eCourt portal.