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(Santa Monica Courthouse: Dept. I) September 4, 2026 DEPARTMENT I LAW AND MOTION RULINGS

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

FSC materials were previously submitted and the court assumes that they are still valid. The court will discuss the trial with the parties. While the court can likely begin the trial on September 14, 2026, the court does not think it can finish the trial before the court is dark at week's end. The court will discuss whether the best option is to re-set the trial for immediately upon the court's return in October or set a new trial date. There is also a possibility that another department can take the case on September 14, and the court will discuss that with the parties as well. In any event, assuming that the case has not settled and that the prior FSC materials remain valid, the case does appear ready for trial.

Case Number: 21SMCV01145 Hearing Date: September 4, 2026 Dept: I

The matter is here really for the motion for terminating sanctions. Defendants stated that if necessary, they would "swap" the five discovery motions set for today to get that heard. If the court has time, it can get to the motions to compel further. In general though, the court would hope that the parties would discuss the discovery issues further now that plaintiff has new counsel (assuming the case survives this motion). As to the motion for terminating sanctions, the court issued a detailed tentative at the last hearing, so we can start from there.

Case Number: 23SMCV01419 Hearing Date: September 4, 2026 Dept: I

The matter is here for an FSC. The court has received the following FSC materials: (1) Plaintiff's Special Verdict; (2) Defendant's Special Verdict; (3) Joint Witness List; (4) Joint Exhibit List; (5) Joint Jury Instructions; (6) Plaintiff's Proposed Jury Instructions; (7) Defendant's Proposed Jury Instructions; (8) Joint Short Statement of the case.

The court still needs: (1) Joint Deposition Chart (if depositions are to be used other than for impeachment); (2) Joint Statement of Unusual Issues (if any); (3) Joint Good Faith Trial Length Estimate. This can be readily provided by next Wednesday, one would think. Other than that, the court believes that the case is READY FOR TRIAL.

The court has also received eight motions in limine by the defense to which there is no opposition. The court can rule on those if the case is about to try. The court will ask the parties to meet and confer further on the special verdict forms and to present the court with a red-line comparing one version to the other to the extent the parties cannot come to terms. The parties should also discuss additional stipulations to exhibits.