Judge: Kerry Bensinger, Case: 21STCV36199, Date: 2023-03-13 Tentative Ruling


Case Number: 21STCV36199    Hearing Date: March 13, 2023    Dept: 27


 SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MARTHA GUZMAN, et al.,

                   Plaintiffs,

          vs.

 

RODRIGO MATA, et al.

 

                   Defendants.

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      CASE NO.: 21STCV36199

 

 

[TENTATIVE] ORDER RE:
DEFENDANT RODRIGO MATA’S MOTION FOR ORDER THAT PLAINTIFFS HAVE WAIVED TRIAL BY JURY

 

Dept. 27

1:30 p.m.

March 13, 2023

 

On October 1, 2021, plaintiffs Martha Guzman, Rebecca Isabel Guzman, Yasmin Guzman, and Ismael Guzman, individually and as successors-in-interest of Paulino Guzman (“Plaintiffs”) filed this action against defendant Rodrigo Mata (“Defendant”).  In the complaint, Plaintiffs demand a jury trial.  Plaintiffs posted jury fees on January 11, 2023.

On January 20, 2023, Defendant filed the instant motion for a bench trial because Plaintiffs allegedly waived their right to a jury trial.  The hearing on the motion is calendared for March 13, 2023.

Plaintiffs filed an opposition on March 1, 2023, which is eight (8) court days prior to the hearing.  CCP section 1005 requires oppositions to be filed nine (9) court days before the hearing.  Defendant filed an objection to consideration of Plaintiffs’ opposition because it was not filed timely, or in the alternative, to continue the matter to allow Defendant sufficient time to file a reply.

Based on the foregoing, Defendant’s request to continue the hearing is GRANTED.  The hearing is continued to May 1, 2023 at 1:30 p.m. in Department 27 of the Spring Street Courthouse.  Defendant’s Reply is due five (5) court days prior to the hearing.[1]  

Moving party to give notice. 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not toA appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

          Dated this 13th day of March 2023

 

 

 

 

Hon. Kerry Bensinger

Judge of the Superior Court

 

 


[1] Trial is scheduled for February 22, 2024.