Judge: Christopher K. Lui, Case: 23STCV17375, Date: 2024-05-07 Tentative Ruling

Case Number: 23STCV17375    Hearing Date: May 7, 2024    Dept: 76

The following tentative ruling is issued pursuant to Rule of Court 3.1308 at 2:50 p.m. on May 6, 2024. 

Notice of intent to appear is REQUIRED pursuant to California Rule of Court 3.1308(a)(1).  The Court does not desire oral argument on the motion addressed herein. 

As required by Rule 3.1308(a)(1), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 by 4:00 p.m. on May 6, 2024.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, oral argument may not be permitted.

Plaintiffs Catherine W. Kiguru, et al.’s motion for a trial preference pursuant to CCP § 36(b) is DENIED.

Motion For Trial Preference

Discussion

            Plaintiffs move for a trial preference pursuant to Civ. Proc. Code, § 36(b)(minor plaintiffs).

            Civ. Proc. Code § 36(b) provides:

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. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.

(Cal. Civ. Proc., § 36(b)[bold emphasis added].)

            When applicable, Civ. Proc. Code § 36(b) is mandatory. (Peters v. Superior Court (1989) 212 Cal.App.3d 218, 224.)

            Here, four named Plaintiffs are minors under the age of 14. (Declaration of Victoria L. Ersoff, ¶ 2.) They allege in vague, conclusory terms in the Complaint that they have suffered physical injuries. (Complaint, ¶¶ 21(b), 40, 49, 53.) However, the supporting declarations do not set forth actual physical injuries to the minors, but rather psychological injuries (primarily of the adult plaintiffs)—which are understandable but insufficient to justify a trial preference. (See Declarations of Alex Omodni Oloo, Maria Navia Quiles.)

Plaintiffs have not demonstrated that the minor plaintiffs suffered any physical injuries which require that trial be held 9 months earlier.           

            The motion for a trial preference is DENIED.