Judge Keri G. Katz, Case 37-2019-00017783-CU-CD-CTL 2024-02-16 Tentative Ruling

Judge: Keri G. Katz, Case: 37-2019-00017783-CU-CD-CTL, Date: 2024-02-16 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 08, 2024

02/09/2024 08:25:00 AM C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited Construction Defect Motion Hearing (Civil) 37-2019-00017783-CU-CD-CTL CARIDES VS SLC CONSTRUCTION CORP [E-FILE] CAUSAL DOCUMENT/DATE FILED:

The court rules as follows on Defendant Beam Bridge Corp., dba Styline Door & Window Systems/Styline Door and Window Systems' motion for relief from presumed waiver of jury trial.

Pursuant to CCP § 631 (a) 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. In civil cases, a jury may only be waived pursuant to subdivision (f).

(b) At least one party demanding a jury on each side of a civil case shall pay a nonrefundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side of the case.

The fee shall offset the costs to the state of providing juries in civil cases. If there are more than two parties to the case, for purposes of this section only, all plaintiffs shall be considered one side of the case, and all other parties shall be considered the other side of the case. Payment of the fee by a party on one side of the case shall not relieve parties on the other side of the case from waiver pursuant to subdivision (f).

(c) The fee described in subdivision (b) shall be due on or before the date scheduled for the initial case management conference in the action . . . .

. . . .

f) A party waives trial by jury in any of the following ways: . . . .

(5) By failing to timely pay the fee described in subdivision (b), unless another party on the same side of the case has paid that fee.

. . . .

[Emphasis added.] A review of the court record shows that the Case Management Conference was held on September 27, 2019 [ROA 57], that Defendant/Cross-Defendant Di Donato, Jr. dba Di Donato Associates timely posted Calendar No.: Event ID: TENTATIVE RULINGS

3077915 1 CASE NUMBER: CASE TITLE: CARIDES VS SLC CONSTRUCTION CORP [E-FILE] 37-2019-00017783-CU-CD-CTL jury fees on September 6, 2019 [ROA 45] and that Defendant/Cross-Complainant/Cross-Defendant SLC Construction Corp. dba Silverline Construction timely posted jury fees on September 12, 2019 [ROA 51].

Considering these circumstances, and absent any opposition to this motion, Beam Bridge has not waived its right to a jury trial. As such, there is no basis to relieve Beam Bridge from any such waiver.

The Trial Call for the trial of Plaintiffs' complaint remains as set for February 23, 2024 at 1:30pm. The Trial Readiness Conference remains as set for February 16, 2024 at 1:30pm.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Calendar No.: Event ID: TENTATIVE RULINGS

3077915 1