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Court asked petitioner at the call of these cases from the calen-
dar and before it had scheduled the time and date of the trial
herein to name the witnesses he intended to call at trial, he did
not include Mme. Koo among those witnesses and did not explain
that omission. Nor did petitioner ask the Court at that time
toconsider Mme. Koo's availability to testify in scheduling the
trial, object to the trial date set by the Court on the grounds
that Mme. Koo was not available at that time, or offer an expla-
nation at trial for her absence. Petitioner's trial memorandum
that was submitted approximately two weeks before the call of
these cases from the calendar simply stated that Mme. Koo's abil-
ity to testify was "uncertain" due to her age and residence in
Hong Kong, not that those circumstances prevented her from testi-
46(...continued)
week. The Court also indicated to the parties at the call of
these cases from the calendar and before scheduling the trial
that it might not be able to accommodate their scheduling prefer-
ences. When the Court asked the parties at the call of these
cases from the calendar to estimate trial time and name the wit-
nesses they intended to call at trial, petitioner's counsel did
not name Mme. Koo as one of the witnesses he would call at trial
and did not ask the Court to schedule the trial to take place at
a time when she would be available. The only ground on which
petitioner's counsel sought at that time to delay the commence-
ment of the trial was petitioner's absence from the calendar call
and his expected arrival in San Francisco the following night.
The Court scheduled trial to begin on the first day of its trial
session in San Francisco because a witness named Mr. Catterton,
who was subpoenaed by petitioner only three business days prior
to the call of these cases from the calendar, was available to
testify only on that day and would not have been available again
until after the Court ended its trial session in San Francisco.
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