Janco Industries, Inc VS Williams

RG21108716: Janco Industries, Inc VS Williams 09/04/2026 Pre-Trial Conference in Department 25

Tentative Ruling - 09/04/2026 Jenna Whitman

ORDER RE: CASE MANAGEMENT

The Court has ordered the following after review of the case.

LEAD TRIAL COUNSEL TO APPEAR personally in Dept. 25 (absent prior order for remote appearance).

TRIAL PLAN. The Court has ordered the following trial structure, and parties have submitted revised witness lists, jury instructions, and verdict forms, accordingly:

Phase (1): Jury Breach of duty and causation (not amount of damages) only as to all non-derivative claims (breach of contract, breach of warranty, various torts) If there are multiple injuries alleged in a cause of action (e.g., different injuries breach of the contract), the verdict forms should require the jury to make specific findings.

Phase (2): Jury For any claim on which the jury found breach and causation in Phase (1), the amount of damages and, if applicable, Prop 51 allocations of noneconomic damages; For any claim in which the jury assigns damages in Phase (2), an allocation of fault of any alleged (equitable) indemnitor; and Predicate findings for punitive damages, where applicable. In this stage, the jury produces a comprehensive list of findings re: percentage responsibility for each item of damages.

Phase (3): Jury Equitable and implied contractual indemnity (the jury receives binding instructions that the Phase 2 fault findings cannot be relitigated, and their task is to apply those percentages to determine indemnity obligations on economic damages. No shifting of liability via equitable indemnity for noneconomic damages because that liability is several, not joint, under Prop 51 (Civ. Code 1431.2). (Union Pac. Corp. v. Wengert (2000) 79 Cal. App. 4th 1444.)) Express contractual indemnity

Phase (4): Jury The amount of punitive damages, if applicable

Phase (5): Court alter ego, declaratory relief, mechanic’s liens (validity and priority of liens), and motions for contribution (CCP 878) RG21108716: Janco Industries, Inc VS Williams 09/04/2026 Pre-Trial Conference in Department 25

JURY INSTRUCTIONS. Counsel should again review the joint jury instructions to ensure they are consistent with the foregoing.

CACI 405-406 are included in Phase I, but concern apportionment of responsibility.

Phase (2) should include the first part of punitive damages instructions for a bifurcated trial (e.g., CACI 3948) and Phase (4) substantive instructions should be limited to "second phase" punitive damages (e.g., CACI 3949).

The parties' Phase (3) substantive instructions only address implied contractual indemnity. Query whether instructions will be needed for the other types of indemnity claims alleged.

Counsel should note that, with a few exceptions, the Court is unlikely to re-read instructions to the jury in Phase (2) or (3) that were already given in Phase (1). (The jury will retain copies.)

SCHEDULE. An all-day court schedule allows for 5.5 hours with the jury. Arrive at 8:45 a.m., in session 9:00-12:15 (including one 15 minute break) and 1:45-4:30 (another 15 minute break). This, however, makes hardships much more challenging for a long trial, and may increase jury selection time. A condensed morning schedule allows for 4 hours with the jury. Arrive at 8:45 a.m., in session 9:00-1:30 with two 15 minute breaks.

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SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

RG21108716: Janco Industries, Inc VS Williams 09/04/2026 Pre-Trial Conference in Department 25 PHASE (1) TIME ALLOCATIONS. The Court, has carefully reviewed the parties' own time estimates and Joint Time Estimates by Phase. The Court has some concern that Phase (1) is longer than relative to Phase (2) (particularly given that phase (2) includes allocations of responsibility for alleged indemnitors who were not part of phase (1)). The indemnity claims available in Phase (3) will change depending upon prior verdicts; it is unclear to the Court why counsel's estimates for Phase (3) were relatively high when some aspects of this phase may be ministerial. Counsel should be prepared to discuss whether their estimates, overall, align with the trial plan and the assumptions underlying their time estimates.

The Court proposes the following number of trial time hours:minutes per party for Phase (1):

BARBERO DRYWALL INC. 3:30:00 CLAUSEN ELECTRIC, INC. 10:00:00 FAUTT HC/FAUTT 17:00:00 HERBST / HCI 17:00:00

HIGH END DEVELOPMENT INC. 3:00:00

JANCO INDUSTRIES, INC. 7:00:00 LANDRY DG, R LANDRY 15:00:00 MARRONE BROS, INC. 2:00:00 NIELSEN BUILDERS, INC., E. 7:00:00 NIELSON VM Carpentry, LLC 6:00:00 SPATH HEGEDUS / S SPATH 10:00:00 TRUCREW, INC. (DIABLO) 4:00:00 WILLIAMS, ELLEN 95:00:00

Total time for this phase would be 196 court hours. If in trial all day, M-F, except holidays, assume 5.5 hours/day (which assumes no delays). Opening statements commence on Sept.

17. Phase (1) to be submitted to the jury by Nov. 9 Phase (1) deliberations 2-3 days DARK Nov. 11, and as needed to prepare Phase (2) Nov. 13, 26

(On a condensed morning schedule, phase (1) would be submitted to the jury by Dec. 3.)

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

RG21108716: Janco Industries, Inc VS Williams 09/04/2026 Pre-Trial Conference in Department 25

PHASE (2) TIME ALLOCATIONS. As some claims will not proceed to Phase (2), the following allocations are tentative, and may be reduced and/or redistributed depending upon the jury verdict in Phase (1).

BARBERO DRYWALL INC. 1:30:00 CLAUSEN ELECTRIC, INC. 6:00:00 FAUTT HC/FAUTT 6:30:00 HERBST / HCI 7:40:00 HIGH END DEVELOPMENT INC. 2:30:00 JANCO INDUSTRIES, INC. 3:30:00 LANDRY DG, R LANDRY 3:30:00 MARRONE BROS, INC. 0:25:00 NIELSEN BUILDERS, INC., E. NIELSON 6:00:00 VM Carpentry, LLC 2:30:00 SPATH HEGEDUS / S SPATH 6:00:00 WILLIAMS, ELLEN 11:00:00

Total time for this phase would be 57 court hours. If in trial all day, M-F, except holidays, assume 5.5 hours/day (which assumes no delays). Opening statements approx. Nov.

16. Phase (2) to be submitted to the jury by Dec.

7. Phase (2) deliberations 2-3 days DARK Dec. 10

(On a condensed morning schedule, this phase would be from Dec. 9- Jan. 12, with Dec. 21-Jan. 4 dark.)

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

RG21108716: Janco Industries, Inc VS Williams 09/04/2026 Pre-Trial Conference in Department 25 PHASE (3) TIME ALLOCATIONS, like Phase (2), are likely to reduce/reallocate, based upon prior verdicts.

BARBERO DRYWALL INC. 2:00:00 CLAUSEN ELECTRIC, INC. 2:00:00 FAUTT HC/FAUTT 6:00:00 HERBST / HCI 4:00:00 HIGH END DEVELOPMENT INC. 3:00:00 JANCO INDUSTRIES, INC. 3:00:00 KNA DESIGN KIRK NIX ASSOCIATES LANDRY DG, R LANDRY 2:00:00 MARRONE BROS, INC.

NIELSEN BUILDERS, INC., E. 9:00:00 NIELSON VM Carpentry, LLC 2:00:00 SPATH HEGEDUS / S SPATH TRUCREW, INC. (DIABLO) 2:00:00 WILLIAMS, ELLEN 2:00:00

Total time 37 hours. Opening statements approx Dec.

11. Submit to jury Dec. 18 (or go over to Jan. 5, 2027.

(Condensed morning schedule would likely be Jan. 18-29.)

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