Judge: Daniel M. Crowley, Case: 20STCV35235, Date: 2022-10-13 Tentative Ruling

Case Number: 20STCV35235    Hearing Date: October 13, 2022    Dept: 28

Plaintiff Emma Figueroa’s Motion for Relief from Jury Waiver.

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

BACKGROUND

On September 15, 2020, Plaintiff Emma Figueroa (“Plaintiff”) filed this action against Defendant Rick Michael Rafter (“Defendant”) for motor vehicle negligence.

On December 18, 2020, Defendant filed an answer.

On September 2, 2022, Plaintiff filed a Motion for Relief from Jury Waiver to be heard on October 13, 2022.

Trial is currently scheduled for December 16, 2022.   

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 typographical error in the year input in the calendaring system. Upon learning of this mistake, parties immediately deposited Plaintiff’s jury fees. Given that Defendant has not opposed the motion, the Court will grant the motion.

CONCLUSION

Plaintiff Emma Figueroa’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.