Judge: Daniel M. Crowley, Case: 22STCV11187, Date: 2022-09-27 Tentative Ruling

Case Number: 22STCV11187    Hearing Date: September 27, 2022    Dept: 28

Plaintiff Tabitha Alaria Scott’s Motion for Preference and Trial Setting

Having considered the moving, opposing and reply papers, the Court rules as follows. 

BACKGROUND

On April 1, 2022, Plaintiffs Monica J. Scott (“Monica”) and Tabitha Alaria Scott (“Tabitha”) filed this action against Defendants Team Rooter, Inc. (“Rooter”) and Geovanni Esau Penate (“Penate”) for motor vehicle negligence.

On May 17, 2022, Defendants filed an answer.

On June 16, 2022, Tabitha filed a Motion for Preferential Trial Setting to be heard on September 27, 2022. On September 9, 2022, Defendants filed an opposition. On September 16, 2022, Tabitha filed a reply.

Trial is currently scheduled for September 29, 2023.

PARTY’S REQUESTS

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

Defendants request the Court deny the 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

Tabitha is currently three years old, meeting the age requirement of CCP 36(b).

Substantial Interest

Tabitha is one of two Plaintiffs to this action. Plaintiffs allege that, as a result of the accident, she suffered psychological issues that have cause her to develop serious medical and emotional issues.

Defendants argue that Tabitha does not have a substantial interest in the case as a whole. Defendants state that, based on discovery responses, Tabitha has only suffered general emotional trauma with no specific need for medical services attributable to the accident. She has no known medical costs or treatment, just general allegations of stress. Defendants specifically compare these allegations to those of Monica, who states she’s needed medical treatment from various professionals and may need future surgery. Therefore, they believe Monica is the party with a substantial interest in the action.

The Court disagrees. Tabitha is one of two Plaintiffs to the action and alleges damages have been incurred as a result of the accident. The simple existence of another Plaintiff with more tangible injuries is not sufficient to show that she does not have a substantial interest in the action. The Court finds that Tabitha meets all requirements and grants the motion.

CONCLUSION

Plaintiff Tabitha Alaria Scott’s Motion for Preference and Trial Setting is GRANTED. Trial is continued to January 9, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse. The Final Status Conference is set for December 23, 2022, 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.

The parties are directed to the header of this tentative ruling for further instructions.