I was scheduled to start a bench trial on Tuesday for a plaintiff in a property/easement dispute. Well-prepared, ready to go. Spent probably 8 hours over the weekend, alone in my office, no interruptions, tuning, re-tuning and fine-tuning the perfect cross-examination of the defendant. Going to call him right out of the gate, first witness, as an adverse witness under Evidence Code Section 776. It was going to be brutal, a thing of beauty.
Tuesday morning, in court, fully briefed, all set up, tech working, clients nervous but ready, witnesses lined up, ready to go – case settles! Good settlement, great result for client, fine conclusion to the case.
But, damn, I really wanted to do that cross!