Judge: Holly J. Fujie, Case: 21STCV42690, Date: 2023-03-13 Tentative Ruling

Case Number: 21STCV42690    Hearing Date: March 13, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

            The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            On October 13, 2022, after a non-appearance case review, the Court issued an order noting that jury fees had not been posted and scheduling a non-jury trial on February 5, 2024.[1]  On November 16, 2022, the Court granted Plaintiff’s request for fee waiver.  On January 11, 2023, Plaintiff filed a motion for relief from jury trial waiver (the “Motion”). 

DISCUSSION

The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate.  (CCP § 631, subd. (a).)  In civil cases, a jury may only be waived pursuant to CCP section 631, subdivision (f).  (Id.)  Failure to pay jury fees is grounds to find the right to a jury trial has been waived.  (CCP § 631, subd (f)(5).)  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.  (CCP § 631, subd. (g).  The trial court should grant a motion for relief of a jury waiver unless, and except, where granting such a motion would work serious hardship to the objecting party.  (Mackovska v. Viewcrest Road Properties LLC (2019) 40 Cal.App.5th 1, 10.)  When there is doubt about whether to grant relief from a jury trial waiver, the court must resolve that doubt in favor of the party seeking a jury trial.  (Id.)

            This matter is still in the pleading stage and the trial is not scheduled until next year.  For these reasons and because it is unopposed, the Court GRANTS the Motion.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) 

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court¿strongly¿encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.¿¿If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.¿ This rule is necessary to ensure that adequate precautions can be taken for proper social distancing. 

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

         Dated this 13th day of March 2023