Judge: Daniel M. Crowley, Case: 21STCV42547, Date: 2022-10-28 Tentative Ruling

Case Number: 21STCV42547    Hearing Date: October 28, 2022    Dept: 28

Plaintiffs Breanne Rose Aguilar and Stevie Brynn Aguilar’s Motion for Preference and Trial Setting

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

BACKGROUND

On November 18, 2021, Plaintiffs Natalie Tenaud (“Tenaud”), Breanne Rose Aguilar (“Breanne”), Stevie Brynn Aguilar (“Stevie”) and Estate of Bryant Aguilar (“Estate”) filed this action against Defendants State of California (“State”) and California Department of Transporation (“Caltrans”) for negligence, premises liability and strict liability.

On December 22, 2021, Plaintiffs filed the FAC.

On March 14, 2022, Plaintiffs filed the SAC, removing the cause of action for negligence. Plaintiffs later amended the SAC to include Defendant White Cap, L.P. (“WC”).

On April 15, 2022, the State, by and through Caltrans, filed an answer.

On July 6, 2022, WC filed an answer and a Cross-Complaint against Cross-Defendant Roes 1-50 for implied equitable indemnity, comparative indemnity, comparative negligence, contribution, implied contractual indemnity, breach of written contract, express indemnity and declaratory relief. On August 19, 2022, the Court dismissed the Cross-Complaint, without prejudice.

On July 29, 2022, the Court dismissed WC, without prejudice.

On September 28, 2022, Breanne and Stevie (“Moving Plaintiffs”) filed a Motion for Preferential Trial Setting to be heard on October 28, 2022.

Trial is currently scheduled for May 18, 2023.

PARTY’S REQUESTS

Moving Plaintiffs request the Court specially set the trial date in the matter no later than 120 days from the ruling on this motion.

LEGAL STANDARD

CCP § 36(b) states “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.”

DISCUSSION

Age Requirement

Breanne is currently four years old, and Stevie is approximately 1 years old, meeting the age requirement of CCP 36(b).

Substantial Interest

Breanna and Stevie are two of the plaintiffs to this action, both of whom are survivors to Decedent. Both are seeking damages based upon loss of decedent, which allegedly occurred due to Defendants acts or omissions. The Court finds that Moving Plaintiffs meet all requirements and grants the motion.

CONCLUSION

Plaintiffs Breanne Rose Aguilar and Stevie Brynn Aguilar’s Motion for Preference and Trial Setting is GRANTED. Trial is continued to February 21, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is set for February 7, 2023, at 10:00 a.m. in Department 28 of the Spring Street Courthouse.

            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.