Judge Cherol J. Nellon, Case Number: 23STCV07537, Date: 2023-10-19 Tentative Ruling

Judge: Cherol J. Nellon, Case: 23STCV07537, Date: 2023-10-19 Tentative Ruling

Case Number: 23STCV07537 Hearing Date: October 19, 2023 Dept: 14

Instant Motion

Plaintiffs now moves this court, per Code of Civil Procedure §§ 36(b) and 1062.3, for trial preference, on the basis that three of them are under 14 years of age.

Decision

The motion is GRANTED. Trial is set for February 13, 2024, at 9:00 am. Final Status Conference is set for February 6, 2024, at 10:00 am. All counsel are to appear physically in person at the Final Status Conference, with a hard copy of their completed trial binder.

The case is ORDERED to a Mandatory Settlement Conference.

Governing Standard

Code of Civil Procedure § 36 provides in relevant part as follows:

“(b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole…

…

(f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party's attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.”

Discussion

The motion is unopposed. This amounts to a concession that it has merit. See California Rules of Court Rule 3.1113(a); see also Rule 3.1320(f); Herzberg v. County of Plumas (2005) 133 Cal.App.4^th 1, 20. The allegations in this case are that the minor Plaintiffs suffered from living in woefully substandard housing. This is sufficient to meet the definition of “personal injury” under the statute.

The court is therefore required to set the case for trial within 120 days, or, in this case, before February 16, 2024. February 13, 2024, is the most open date this court has within that time frame.