RUBIO vs XIAO

2. REMAINING PARTIES and DISMISSALS: All unserved parties, including Doe defendants are hereby severed from trial. Plaintiff shall provide the court with an alphabetical list of all remaining defendants/cross defendants in the case including names of defense counsel, firm names and defense counsel’s email address no later than 21 days from trial. All DOE parties in the complaint or any cross-complaint shall all be dismissed by no later one week prior to the Pretrial Conference, unless good cause otherwise is shown by written application to the court by said date. Plaintiff shall promptly advise the court if any party settles or is dismissed.

3. DEMAND for EXPERT WITNESS EXCHANGE; All parties are deemed to have made a demand for the exchange of expert witness lists pursuant to CCP 2034. Designations of expert witnesses pursuant to CCP 2034 must be served at least 50 days before trial.

4. PARTY SUBMISSIONS: Each party shall file and serve the following, with courtesy copy to Dept. 520, three (3) days before the Pretrial Conference: 1. Time estimate of the number of court hours needed for each phase of the case: Opening; Examination of Witnesses; Closing; 2. Statement of the case; 3. Witness list in alphabetical order, specifying whether witnesses are testifying live, or via written or video deposition; 4. Requests for 401/402 Hearings, with an offer of proof as to the need for such 5. Exhibit list; 6. Proposed Jury Instructions; 7. Proposed Verdict form.

5. MOTIONS IN LIMINE: All motions in limine shall be served on opposing counsel at least 14 calendar days prior to the Pretrial Conference (PTC). Any oppositions shall be served on opposing counsel by no later than 7 calendar days prior to the PTC. Any replies shall be served by no later than 3 calendar days prior to the PTC. All Motions in Limine must be filed in the Superior Court’s Clerk’s Office. A courtesy copy of the Motion in Limine, Opposition and any Reply for all such motions for which all parties have not stipulated, shall be lodged in Dept. 520 no later than 3 calendar days prior to the PTC.

Counsel shall comply with the following: 1. Each side is limited to 5 motions in limine; 2. Each motion in limine shall be filed separately from any other motion in limine and shall not be combined, aggregated or consolidated with any other motion. Motions shall not be filed in “subparts.” 3. Motions shall be numbered consecutively beginning with the party’s name, for example:

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

26CV173931: RUBIO vs XIAO 08/07/2026 Initial Case Management Conference in Department 520 Plaintiff MIL #1; Defendant Smith MIL #1, #2, #3, etc.; Defendant Jones MIL #1, #2, #3, etc. Motions shall set forth in the title which of the following categories it is in: 4. Each motion in limine shall be accompanied by a separate memorandum of points and authorities as defined in CRC 3.113(b). A notice of hearing is not necessary. All motions seeking to exclude evidence shall set forth factual support as to the exact nature and type of evidence which the party is seeking to exclude, including attaching relevant portions of depositions, interrogatories or other factual support.

The court will specifically enforce the standards of Kelly v. New West Federal Savings (l996) 49 CA4th 659, 670. Motions which make unsupported assertions about what witnesses allegedly said in deposition or speculate about what witnesses may say at trial without attaching to the motion a declaration setting forth a factual basis are subject to sanctions.

6. REQUESTS FOR EVIDENCE CODE 401/402 HEARINGS: All requests for an Evidence Code 401/402 hearing shall be filed, served and courtesy copy provided to Dept.520 by no later than three days prior to the PTO. All such requests shall specify in writing the anticipated “proffered evidence” of such witness and the preliminary fact(s) in question. All such requests shall provide the complete copy of the deposition of the expert which is in question in a 3 ring binder. Any party opposing the request shall specify in writing why such fact is not in question or such hearing is otherwise unnecessary (i.e. the witness’ has previously qualified as an expert; objection goes to weight, not admissibility, etc.) and shall attach only those specifically delineated deposition pages which support their contention.

After jury selection begins, a request for such hearing will only be entertained upon a good cause showing that such request could not reasonably have been anticipated previously.

7. TENTATIVE RULINGS ON COMMON MOTIONS IN LIMINE: The following motions in limine are conditionally granted and, unless contested in writing, should NOT be filed: EVIDENCE: 1. Motion To Preclude Mention of Bankruptcy or other Financial Status of Absent Defendants; 2. Motion to Preclude Reference to Absence of Corporate Representative is granted. However, that does not preclude Plaintiff from commenting on any defendant’s failure to produce or refute relevant evidence; 3. Motion to Exclude Evidence or Mention of Insurance; 4. Motion to Exclude Experts Not Designated Pursuant to CCP 2034; 5. Motion to Exclude Witness from the Courtroom Until Witness’ Testimony is Completed;

DAMAGES: 1. Motion To Exclude Any Reference to or Evidence of Prior Settlements or Settlement discussions is granted; 2. Motion to Bifurcate Punitive Damage claims; 3. Motion to Exclude Collateral Source Evidence; 4. Motion To Limit Evidence of P’s Claims for Past and Future Medical Expenses to Those

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

26CV173931: RUBIO vs XIAO 08/07/2026 Initial Case Management Conference in Department 520 Actually Paid by or on Behalf of Plaintiff is granted. Medical Expense Evidence is limited to amounts actually paid by or on behalf of Plaintiff and which were accepted by medical care providers as payment in full. Future Medical Expense evidence is limited to amounts which it is reasonably foreseeable Plaintiff will incur and be liable for either personally or thru his insurance coverage. Evidence of the amount billed for medical care but for which Plaintiff is not liable either personally or through his insurer is excluded. Evidence that medical payments were made on behalf of Plaintiff by a collateral source such as Medicare is excluded. (see Howell/ Corenbaum)

8. WITNESSES; DEPOSITION PAGE AND LINE DESIGNATIONS, COUNTER- DESIGNATIONS and OBJECTIONS: By the PTC, each side shall provide the court with a list of all witnesses whose deposition they propose to present via deposition, together with a brief description of the offer of proof as to each witness’ testimony. Each side shall also specify which of the witnesses on the list the party asserts are unavailable for trial pursuant to Evidence Code 1291 and whose deposition testimony the party seeks to present by video deposition or read deposition in lieu of live testimony.

The alleged reason for unavailability shall also be set forth. Two weeks prior to the PTC, the parties shall meet and confer as many times as necessary to reach agreement as to the portions of the deposition to be read/shown. As to any portions upon which the parties cannot agree, deposition page and line designations, counter-designations, and objections shall be filed with the court at the PTC. A jointly compiled annotated copy of the complete deposition at issue including designations, counter-designations and noted outstanding objections which require the court’s ruling shall be lodged in Dept. 520 at the PTC.

The court prefers depositions to be submitted with the transcription in full pages. However, if only a condensed copy is available, such condensed copy will be accepted by the court provided it is condensed to no less than 4 pages per 8.5 x 11 page.

9. EXHIBIT BINDERS AND COPIES TO JUDGE

Prior to Opening Statements, counsel shall provide the clerk with 3 ring Exhibit Binder(s) containing all the exhibits to be marked for identification and/or into evidence (excluding rebuttal/impeachment).

The Exhibit Binder(s) shall contain an EXHIBIT INDEX listing each exhibit by number and setting forth a brief description of each exhibit. The Exhibits shall be tabbed in the Exhibit Binder in the same numerical sequence as indicated in the Exhibit Index. Each Exhibit shall be individually paginated before it is submitted to the clerk. The Exhibit Numbers contained within each Exhibit Binder shall be identified on the spine and front cover.

Please EMAIL a copy of the EXHIBIT INDEX prepared in MICROSOFT WORD format to the clerk so that she can have it for future modification as the ongoing Exhibit List for the trial.

Also prior to Opening Statements, Counsel shall provide the judge with an exact copy of the

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

26CV173931: RUBIO vs XIAO 08/07/2026 Initial Case Management Conference in Department 520 original Exhibit Binder provided to the Clerk, including the Exhibit Index and tabbed exhibits in numerical order and spine identification. A. Rebuttal/impeachment documents shall be marked for identification and a copy provided to the judge prior to use. B. Demonstrative evidence shall also be marked for identification prior to use.

2. VOIR DIRE The court does not entertain mini-openings prior to voir dire. Questionnaires are used only in complex cases. Prospective jurors are brought into court in groups of 80 for hardship. Jurors will be pre-screened for hardship before beginning voir dire.

Dept. 520 uses the “6-pack” method: 20 jurors will be called into the jury box. Each side has one hour for voir dire of the first 20 jurors and 20 minutes for each refill of 8 jurors.

Jurors are referred to by their jury box SEAT NUMBER only. Counsel will be provided with the Alpha/Random juror list which contains their names, jurors will be referred to their seat number. Only one counsel per party may voir dire. Counsel are reminded the purpose of voir dire is limited to inquiries which may lead to the discovery of bias.

Challenges for cause are exercised at the bench. Peremptories: Each side has 6 or 8 peremptory challenges, depending on the number of parties. Defendants must decide how to divide up their challenges among themselves and advise the court. If they are unable to decide, the court will assign challenges.

Peremptory challenges may be exercised as to all 18 in the jury box at your discretion, i.e. challenges are not limited to numbers 1-12.

Once six jurors have been challenged and those seats are vacant, the court will fill the vacant seats in the numeric sequence of the jurors remaining. Example: if prospective jurors 2, 5, and 14 have been challenged, then juror 13 will take the seat of juror number 2, number 15 will move to seat number 5, and juror 16 will become number 14.

Alternates: Once 12 jurors are selected, the remaining prospective jurors (within numbers 13-18) will become the alternate(s) in numerical order. Example: if numbers 13, 15, 17, 18 remain, then number 13 will become Alternate One and number 15 will become Alternate Two, if all parties agree. However, if the parties do not agree a designated alternate selection session with 2 challenges for each side will proceed.

When you wish to skip a turn during exercise of challenges, simply say “Pass.” When both sides have passed, the jury will have been selected.

10. OPENING STATEMENT

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

26CV173931: RUBIO vs XIAO 08/07/2026 Initial Case Management Conference in Department 520 No evidence may be shown to the jury unless opposing counsel has so stipulated prior to the commencement of opening statements. The court strictly enforces the view that Opening Statement is the opportunity to explain to the jury what counsel in good faith, expects the evidence to show. It is not the opportunity for counsel to act as an expert in educating the jury as to medical or scientific theories or law, nor is it the time for argument. Power Point presentation may be used to illustrate counsel’s opening statement, so long as any illustrations are attorney work product (time-lines, graphs, etc.). Only one attorney per party will be permitted to give an Opening Statement.

11. WITNESSES Counsel shall provide at least 48 hours prior notice of the identity of witnesses to be called next. Mutual cooperation in addressing scheduling conflicts is expected.

Counsel shall admonish all witnesses they are not to discuss their testimony with one another prior to testifying, nor are they to discuss any aspect of the case within ear shot of a juror outside of the courtroom.

You may approach a witness without requesting prior permission until further order of the court. However, please do not approach a witness with a document/exhibit until you have first shown it to opposing counsel.

Only one attorney per party will be permitted to question a witness, for purposes of direct, cross or re-direct.

12. PRESENTATION OF EVIDENCE Prior to Opening Statements, counsel shall meet and confer to determine which exhibits may be admitted into evidence by stipulation, or as to which exhibits, if any, there is a stipulation as to foundation/authenticity.

If you are using an Overhead Projector, Elmo, Power Point, or other audio/visual equipment, DO NOT PROJECT ANY EXHIBIT UNTIL IT HAS BEEN ADMITTED INTO EVIDENCE or opposing counsel has stipulated that it may be shown.

Exhibits shall usually be offered into evidence OUTSIDE the presence of the jury.

13. OBJECTIONS/TRIAL MOTIONS

Please, no speaking or narrative objections. State the legal grounds for your objection. If further explanation is needed, the court will ask for a bench conference, or you may do so. Please do not be offended if your request is not granted. Only one attorney per party will be permitted to raise objections during each witnesses’ testimony or opposing counsel’s presentation.

Any motions made during trial, such as mistrial, nonsuit, sanctions, directed verdict shall be

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

26CV173931: RUBIO vs XIAO 08/07/2026 Initial Case Management Conference in Department 520 made in writing, accompanied by trial testimony if available and relevant points and authorities.

14. TRIAL DAYS/HOURS and JURY FEES

Trial days are usually Monday, Tuesday, Thursday and Friday with the hours of 9am to 3 pm for counsel. The jury is present from 9:30am – 2: 30 pm. We take a one hour break for lunch from 11:30 to 12:30 pm. To confirm trial dates/hours for your trial, contact the clerk at dept.520@alameda.courts.ca.gov.

Once jury selection begins, jury fees must be paid daily before proceedings will begin. Failure to pay daily jury fees will result in a mistrial.

15. JURY INSTRUCTIONS:

CACI instructions will be given.

Proposed jury instructions shall be submitted with the CACI number and title and shall be tailored to this case with all blanks filled in and all optional language clearly set forth. Please do not submit untailored, boiler plate form copies. Special instructions shall be accompanied by citation to supporting authority and an offer of proof as to need.

At the conclusion of the plaintiff's presentation of evidence, counsel shall meet and confer as to any contested jury instructions.

16. DESIGNATION OF COURT REPORTER

Pursuant to Rule of Court 2.956(b), the parties are advised that a Certified Shorthand Reporter (CSR) is not provided by the court for general civil proceedings, including the Pretrial Conference, motions in limine, specially set trial hearings, or any other proceedings. Pursuant to Government Code Section 70044, any party may arrange for the presence of a CSR or court reporter to serve as the official pro tempore reporter (OPTR) provided all parties so stipulate. Only one court reporter will be permitted to transcribe the proceedings. No automatic recording devices are permitted. It is the responsibility of the litigant(s) to pay the OPTR’s fee, but the expense may be recoverable as part of the costs of suit as provided by CRC 2.956(b).

It is the responsibility of counsel retaining the OPTR to advise him/her of the following prior to the OPTR’s first appearance in court:

The OPTR must be available during the entirety of the court’s schedule as set by the court. For purposes of guidance only, this typically means the OPTR should be available at least 15 minutes prior to the scheduled start time for each day or session. The OPTR must also be available to provide read back to the jury during deliberation upon request. “Available” for purposes of this order means the OPTR will remain in the courtroom during the trial prior to

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

26CV173931: RUBIO vs XIAO 08/07/2026 Initial Case Management Conference in Department 520 deliberations and in the courthouse during deliberations.

The court requests the OPTR provide real time, if possible, beginning with the Pre Trial Conference and hearing on Motions in Limine. To accommodate this request, the OPTR may either: 1) use the court’s laptop and wireless modem if the OPTR uses CaseView Net software; or 2) provide the necessary hardware including laptop, wireless modem and connecting cables in the event of other software.

Any court reporter working within the Alameda County Superior Court shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, the court and any other with whom he or she comes into contact in the courthouse and shall refrain from manifesting bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status or manifesting favoritism towards any of the parties in the litigation.

DAILY SETTLED STATEMENTS PROVIDED BY COUNSEL

If the parties choose not to provide a court reporter for the 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.

17. NO SURPRISES!

Please keep the court and opposing counsel informed of your intentions – with regard to witnesses, motions, scheduling problems, etc.. Any motions for non-suit or directed verdict shall be filed in writing.

18. NOTICE: Plaintiff’s counsel shall serve a faxed/emailed copy of this Order upon any defendant who is not listed on the court’s service list.

Mandatory Settlement Conference (MSC) is scheduled for 12/15/2027 at 9:00 AM in Department 302 at George E. McDonald Hall of Justice.

Clerk is directed to serve copies of this order, with proof of service, to counsel and to selfrepresented parties of record. The Court orders counsel to obtain a copy of this order from the eCourt portal.