Judge: Kevin C. Brazile, Case: 23STCV14916, Date: 2024-01-10 Tentative Ruling

Hearing Date: January 22, 2024

Case Name: Montoya v. L&B Real Estate, et al.

Case No.: 22STCV40460

Matter: Motion for Trial Preference

Moving Party: Plaintiffs Yandel Liliana Montoya, Francisco Javier Becerra, Melanie

Becerra, Isaiah Joseph Becerra, and Nylah Leanne Becerra

Responding Party: Defendants L&B Real Estate and William Little

Notice: OK

Ruling: The Motion is granted.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is a habitability matter.  On December 27, 2022, Plaintiffs Yandel Liliana Montoya, Francisco Javier Becerra, Melanie Becerra, Isaiah Joseph Becerra, and Nylah Leanne Becerra filed the operative Complaint against Defendants L&B Real Estate, William Little, and William Little Co.

Plaintiffs now seek a trial preference under Code Civ. Proc. § 36(b).

Code Civ. Proc. § 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.”

Here, the minor children are under the age of fourteen and have a substantial interest as a whole in this matter as tenants of the subject premises.  Additionally, there is some evidence that they have suffered lead poisoning.  Therefore, Plaintiffs are entitled to a trial preference in this matter under Code Civ. Proc. § 36(b).

Defendants’ argument that the minor children do not have a substantial interest in this matter is not substantiated by fact or authority.  

Defendants also argue that they need more time for discovery, particularly to determine other sources of lead poisoning.  The language of Code Civ. Proc. § 36(b), however, is mandatory.

Thus, the Motion for Trial Preference is granted.  The trial date is set for May 20, 2024.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.