JOHNSON vs STONERIDGE CREEK PLEASANTON CCRC LLC, et al.

D. The deadlines for pre-trial submissions and exchanges and motions in limine set forth below are tied to the Pre-Trial Conference date set forth above. Failure to comply with those deadlines may result in the exclusion of evidence based on the Court’s discretion. These deadlines govern unless the Court by separate Order modifies the deadlines.

E. Any failure to comply with the terms of this Pretrial Order may result in the imposition of sanctions by the Court.

II. PRE-TRIAL EXCHANGES AND SUBMISSIONS

Each party shall file and serve or join in the filing of the submissions listed below at least five court days before the Pre-Trial Conference date set forth above:

A. Trial Briefs: A trial brief specifically stating the following: (1) the facts expected to be proven at trial; (2) the law on which that party will rely, including discussion of any significant legal issues the party anticipates; (3) a good faith estimate of the total length of trial; and (4) any other trial readiness issues. The Court has found that submission of such a memorandum will further the interests of justice in this action. For court trials, the Court expects to review trial briefs in lieu of receiving opening statements.

B. Witness List: A list of witnesses that includes the general nature of the expected testimony and the expected length of direct examination for each witness. The Court may, on its own motion or the motion of any party, and in the reasonable exercise of the Court’s discretion, exclude the testimony of any witness not disclosed pursuant to this order.

C. Exhibit List: A list of exhibits that a party expects to offer into evidence, except those that a party in good faith expects to use for impeachment or rebuttal. Parties shall meet and confer to discuss any objections to exhibits they intend to put on their exhibit list before the submission of exhibit lists. Parties shall narrow any evidentiary objections over exhibits and shall identify exhibits to which there is no objection. For jury trials to avoid unnecessary delays, the Court expects to address any significant objections to exhibits during a hearing outside the presence of the jury.

Absent a stipulation or order otherwise, plaintiff’s exhibits shall be numbered from 1 to 499, and defendant’s exhibits shall be numbered from 500 and up. (The numbers may be adjusted as needed.) Duplicates shall be removed. Exhibits that both sides wish to include in their exhibit lists should be listed on the plaintiff’s exhibit list.

D. Proposed Jury Instructions (for jury trials only): A joint set of proposed jury instructions to which all parties agree. The parties shall meet and confer over jury instructions in advance. Each party shall separately submit any disputed proposed jury instructions, which shall be accompanied by a short statement explaining why each disputed proposed jury instruction should be given. Proposed jury instructions shall be submitted in the form to be read to the jury, with

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

21CV004133: JOHNSON vs STONERIDGE CREEK PLEASANTON CCRC LLC, et al. 08/12/2026 Case Management Conference in Department 18 the CACI number and all blanks filled in and optional language included. (A mere list of CACI numbers will be rejected.) Special instructions shall be consecutively numbered and accompanied by supporting citations. A separate Word version of proposed jury instructions with editing enabled shall be submitted to the Court.

E. Proposed Verdict Form (for jury trials only): A proposed verdict form. Parties shall meet and confer on a proposed verdict form and, if the parties agree, jointly submit a proposed verdict form. Absent agreement, each party shall submit a proposed verdict form.

F. Statement of the Case (for jury trials only): A neutral statement of the case to be read to the jury venire at the outset of jury selection. Parties shall meet and confer on the proposed statement of the case and jointly submit a statement if all parties agree. Absent agreement, each party shall submit a statement of the case to be read to the jury.

G. Requests for Evidence Code § 402 Hearing (for jury trials only): Any request for a hearing under Evidence Code § 402 with an offer of proof.

H. Juror Questionnaires (for jury trials only): Proposed juror questionnaires if a party requests the use of a questionnaire. In that event, all parties must meet and confer before the submission, identify all questions agreed upon, and identify any proposed questions in dispute.

III. MOTIONS IN LIMINE

A. Any motions in limine shall be filed and served no later than 14 calendar days before the Pre- Trial Conference, and any oppositions shall be filed and served no later than seven calendar days before the Pre-Trial Conference.

B. Each side is limited to five motions in limine. Motions in limine to exclude or admit evidence should identify the specific evidence at issue.

C. Each motion in limine shall be filed separately and shall not be combined or aggregated with other motions. The motions shall be numbered consecutively beginning with the party’s name. E.g., Plaintiff’s MIL #1; Defendant Smith’s MIL #1, #2, #3 etc.

D. Motions in limine will ordinarily be heard on the first day of trial or at another time before trial as set by the Court.

E. The following common motions in limine are conditionally GRANTED unless contested:

1. Motion to preclude mention of bankruptcy or other financial status of absent defendants;

2. Motion to preclude reference to absence of corporate representative;

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

21CV004133: JOHNSON vs STONERIDGE CREEK PLEASANTON CCRC LLC, et al. 08/12/2026 Case Management Conference in Department 18

3. Motion to exclude evidence or mention of insurance;

4. Motion to exclude experts not designated pursuant to Code of Civil Procedure § 2034;

5. Motion to exclude non-party witnesses from the courtroom until the witness’ testimony is completed; competing experts, however, may be permitted to audit each other’s testimony; counsel is responsible for immediately identifying any potential witness who may join the hearing in violation of this order; and

6. Motion to bifurcate punitive damage claims.

IV. DEPOSITION DESIGNATIONS

A. At least 14 calendar days before the Pre-trial Conference, counsel shall exchange page and line designations of prior testimony proposed for introduction at trial in lieu of live testimony. At least 7 calendar days before the Pre-Trial Conference, counsel shall exchange any objections to the proposed designations and designate any counter-designations.

B. Before the Pre-trial Conference, the parties shall meet and confer to narrow the designations and any objections.

C. Where objections cannot be resolved and require a Court ruling, the parties shall file and lodge with the Court at the Pre-trial Conference a document identifying the following in regard to the narrowed designations and objections: (1) The page and line of the proposed designations; (2) the objections to the designations; and (3) any responses to the objections. Also at the Pretrial Conference, the parties shall lodge the transcripts, including relevant exhibits, of the prior testimony at issue with the proposed designations, counter-designations, and any countercounter-designations highlighted in different colors and with the objections identified on the transcripts with reference to the page and line of the testimony to which the objection is made. At the Pre-trial Conference, the parties should raise a schedule for resolving objections in advance of trial.

V. TRIAL

A. Trial Schedule: Normally, the first day of trial will begin at 8:45 a.m. or another time determined at the Pre-Trial Conference. Thereafter, the general trial schedule will be from 8:45 a.m. to 1:30 p.m. on Monday through Thursday, with two fifteen-minute breaks. The trial schedule may be adjusted as needed.

B. Witnesses:

1. Availability: Counsel shall have witnesses available as next in order to avoid pauses

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

21CV004133: JOHNSON vs STONERIDGE CREEK PLEASANTON CCRC LLC, et al. 08/12/2026 Case Management Conference in Department 18 during proceedings. The Court may in its discretion deem a party to have rested if a party fails to present a witness to testify during its case-in-chief. Counsel are expected to accommodate other counsel when a need arises to call a witness out of order.

2. Notice: Counsel shall provide at least 48 hours prior notice of the identity of witnesses to be called next.

3. Discussion of Testimony: Counsel shall instruct their respective witnesses not to discuss their testimony with any other witness. Counsel are admonished to refrain from discussing testimonial issues with witnesses during any interruption or recess in the trial.

4. Scope of Testimony: The Court prefers witnesses to take the stand once, subject to being recalled solely for rebuttal. Generally, and subject to exceptions, witnesses who are on both parties’ witness lists may be examined on cross-examination beyond the scope of direct testimony to avoid being recalled during the other party’s case-in-chief. Generally, and subject to Evidence Code § 776, parties are expected to testify initially on direct during that party’s casein-chief, subject to cross-examination beyond the scope of direct testimony, rather than being called by the other party out of order as an adverse witness. Any party seeking an exception to this rule should raise the issue at the Pre-Trial Conference.

5. Remote Testimony: Counsel may request that a witness be permitted to testify remotely, an issue to be addressed on a case-by-case basis. If permitted, third party witnesses may be subpoenaed to appear remotely through the Zoom platform; Counsel shall provide the witness with sufficient information to join the proceedings remotely. Third party witnesses shall be “on call” for testimony during the relevant time and shall join the proceedings only when called to testify by the Court. Subpoenaed witnesses may join the hearing initially subject to Court order to exit and then rejoin the hearing when called.

6. Remote Witness Testimony Admonition: Remote witness testimony is to replicate as closely as possible testimony as if it were given in person in open Court. Accordingly, neither counsel nor any other person may communicate in any way with a witness, including party witnesses, when the witness, having been sworn, is being examined by counsel or the Court. Witnesses shall not testify by referring to documents or any materials other than identified exhibits that have been marked, shown to all parties, and identified on the record. In advance, counsel shall admonish each witness who will be called to testify remotely to follow this Order.

7. Objections: Speaking objections during witness testimony are prohibited. Objections are to be limited to a short statement of the objection without argument, unless requested by the Court. Objections, statements, and any Court-requested argument must be addressed to the Court and not to opposing counsel, party, or a witness.

C. Depositions: By the trial date, counsel shall lodge with the courtroom clerk the original transcripts of any deposition to be used at trial. Counsel shall prepare a stipulation for the use of any unsigned transcripts.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

21CV004133: JOHNSON vs STONERIDGE CREEK PLEASANTON CCRC LLC, et al. 08/12/2026 Case Management Conference in Department 18

D. Trial Exhibits:

1. Trial Exhibits Exchanged: At least three court days before trial, each party shall exchange exhibits as set forth in the exhibit list. Before exchanging exhibits, each party shall pre-mark all exhibits in the manner intended to be presented at trial in accord with the exhibit list. Failure to follow this order may, in the exercise of the Court’s discretion, be grounds for exclusion of the affected exhibits.

2. Copies for Trial: The court prefers electronic presentation of evidence and counsel are to meet-and-confer concerning use of a document repository. Otherwise, on or before the morning of the trial date, each side shall lodge three sets of pre-marked exhibits in tabbed binders with the courtroom clerk—an official copy for the clerk and copies for the Court and witnesses. Exhibits listed on both sides’ exhibit lists should be included in the plaintiff’s exhibits. Counsel are recommended to have an extra set for the other side to avoid disputes over pre-trial exchanges.

3. Exhibits for Remote Witnesses: Counsel may submit exhibits to witnesses who will testify remotely in advance of the proceeding to expedite the hearing. Parties who have been served with exhibits shall be responsible for accessing those exhibits when directed by counsel or the Court during a hearing. Counsel may show documents, including rebuttal and impeachment materials, to remote witnesses through the screen sharing feature or other electronic processes. Any rebuttal or impeachment material used during a hearing but not previously exchanged and pre-marked shall be emailed as soon as practicable to Department 18 and all parties on the same day of use. Parties are encouraged to identify potential rebuttal or impeachment materials in premarked and exchanged exhibits to minimize complications in remote examinations.

4. Unmarked Exhibits: Exhibits that are not pre-marked, such as impeachment or rebuttal exhibits, shall be marked by the courtroom clerk in order following all prior marked exhibits and shall be presented to the Court and to all parties before use.

5. Moving Exhibits into Evidence: The Court prefers that exhibits and other real evidence be moved into evidence at the earliest opportunity as soon as counsel believes that sufficient foundation has been laid for admission. This avoids disputes over foundation long after discussion of the exhibit has concluded and improper publication of the contents of exhibits that are ultimately not admitted.

E. DISMISSAL OF “DOE” PARTIES: On the first day of trial, all remaining unnamed “DOE” parties will be dismissed.

VI. MISCELLANEOUS

A. Counsel shall address all persons by their preferred pronoun and honorific and surname and, if appropriate, professional title. Counsel should request permission to depart from this rule

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

21CV004133: JOHNSON vs STONERIDGE CREEK PLEASANTON CCRC LLC, et al. 08/12/2026 Case Management Conference in Department 18 when counsel deems that appropriate.

B. All cellular telephones and other electronic devices shall be turned off before entering the courtroom. Electronic devices may be used in the courtroom with specific authorization of the Court. Food or beverage, except for the water that will be provided, is not permitted in the courtroom without specific Court approval.

C. All persons shall refrain from conduct manifesting racial, ethnic, age, sexual orientation, gender or other unlawful bias or prejudice.

D. Counsel shall be responsible for arranging for interpreters, including contacting the courtroom clerk to order an interpreter.

E. 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 trials, pre-trial conferences, motions in limine, specially set trial hearings, or any other proceedings.

F. Counsel requiring any special equipment, including audio or visual aids or equipment to play audio or video evidence, should advise the courtroom clerk or court attendant at least three court days before the trial date.

G. If counsel, party, witness, or any other person necessary to conduct the trial is unexpectedly delayed from promptly appearing at any session, that person is to call or e-mail the courtroom clerk in Department 18.

H. All communication with Department 18 on matters relating to the trial shall be through the courtroom clerk in Department 18 by e-mail at Dept18@alameda.courts.ca.gov.

The Court orders counsel to obtain a copy of this order from the eCourt portal.

CONTESTING THE TENTATIVE CASE MANAGEMENT ORDER: If the parties do not contest the Tentative Case Management Order, it will be adopted. Any party wishing to contest the tentative case management order must notify the court by email at Dept18@alameda.courts.ca.gov, and notify all opposing counsel or unrepresented parties by 4pm the day before the hearing.