Judge: Daniel M. Crowley, Case: 20STCV01718, Date: 2022-09-07 Tentative Ruling

Case Number: 20STCV01718    Hearing Date: September 7, 2022    Dept: 28

Plaintiff Peter Gibon’s Motion for Relief from Jury Waiver

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

BACKGROUND

On January 14, 2020, Plaintiff Peter Gibson (“Plaintiff”) filed this action against Defendants The Chamberlain Group, Inc. (“TCG”), Universal Studios Hollywood (“USH”), Universal Parks & Resorts (“UPR”), and Universal Studios Lot (“UST”) for negligence and strict liability.      

On April 8, 2020, UPR filed a demurrer without motion to strike; the Court overruled the demurrer on June 24, 2020. On April 24, 2020, TCG filed their answer. On July 13, 2020, Defendants USH, UPR, and UST filed their answer.  TCG later amended its answer on March 10, 2022.  

Plaintiff amended their complaint on October 5, 2020, to replace Doe #1 with Universal Studios, LLC (“US”). US filed its answer on October 15, 2020.    

On July 11, 2022, Plaintiff filed a Motion for Relief from Jury Waiver to be heard on September 7, 2022.

Trial is currently scheduled for October 18, 2022.   

PARTY’S REQUESTS

Plaintiffs request 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 mistakenly believed the jury fees were deposited at the initial hearing but were not due to a miscommunication. Parties have conducted themselves under the assumption this would be a jury trial, preparing jury instructions as recently as two weeks before the filing of this motion. Given that all parties have been operating under the assumption that this would be a jury trial and no party has objected, the Court will grant the motion. The Court grants the motion and orders Plaintiff to submit jury fees.

CONCLUSION

Plaintiff Peter Gibon’s Motion for Relief from Jury Waiver is GRANTED. Plaintiff is ordered to submit jury fee

            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.