Judge: Cherol J. Nellon, Case: 21STCV32863, Date: 2023-04-20 Tentative Ruling

Case Number: 21STCV32863    Hearing Date: April 20, 2023    Dept: 28

Plaintiff Jose Munoz’s Motion for Relief from Jury Waiver

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On September 7, 2021, Plaintiff Jose Munoz (“Plaintiff”) filed this action against Defendants RCF Development (“RCF”), Richard Cooper Francis (“Francis”), Ridgewood Properties, LLC (“RP”), Ocean Spaulding, Inc. (“OS”), Tiran ‘Terry’ Avgi (“Tiran”) and Eadan Avgi (“Eadan”) for negligence, premises liability and negligent hiring, supervision and retention.

On December 22, 2021, OS filed an answer. On August 9, 2022, Eadan, Francis and Tiran filed an answer. On October 31, 2022, RCF filed an answer. On January 6, 2023, RP filed an answer.

On March 8, 2023, Plaintiff filed a Motion for Relief from Jury Waiver to be heard on April 20, 2023.

Trial is currently scheduled for November 15, 2023.

PARTY’S REQUESTS

Plaintiff requests the Court grant relief from waiver of jury trial.

LEGAL STANDARD

Under CCP §631(g) “the court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.”

DISCUSSION

Plaintiff states that Plaintiff’s counsel incorrectly calendared the due date for the jury fees due a calendaring error; they missed the September 7, 2022, deadline to pay the applicable fees. Trial is still 7 months away, giving plenty of time to prepare specifically for a jury trial. Given that Defendants have not opposed the motion, and some have paid jury fees of their own, the Court grants the motion.

CONCLUSION

Plaintiff Jose Munoz’s Motion for Relief from Jury Waiver is GRANTED.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.