Judge Lee S. Arian, Case Number: 22STCV27420, Date: 2024-09-30 Tentative Ruling

Judge: Lee S. Arian, Case: 22STCV27420, Date: 2024-09-30 Tentative Ruling

Case Number: 22STCV27420 Hearing Date: September 30, 2024 Dept: 27

Hon. Lee S. Arian, Dept 27¿¿

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MOTION FOR RELIEF FROM WAIVER OF JURY TRIAL¿

Hearing Date: 9/30/24¿¿¿

CASE NO./NAME: 22STCV27420 CHERYL LYNN FREEDE vs KODY ROBERT BROWN, et al.

Moving Party: Plaintiff¿¿

Responding Party: Unopposed¿

Notice: Sufficient¿¿¿

Ruling: MOTION FOR RELIEF FROM WAIVER OF JURY TRIAL IS GRANTED.¿¿

Legal Standard¿¿

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“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.”¿ (Code Civ. Proc., § 631(a).)¿ “In civil cases, a jury may only be waived pursuant to subdivision (f).”¿ (Id.)¿ CCP section 631(f) provides that a party waives trial by jury by (1) failing to appear at the trial; (2) written consent filed with the clerk or judge; (3) oral consent, in open court, entered in the minutes; (4) failing to announce that a jury is required, at the time the cause is first set for trial, if it is set upon notice of stipulation, or within five days after notice of setting if it is set without notice or stipulation; (5) failing to timely pay the fee described in subdivision (b), unless another party on the same side of the case has paid that fee; or (6) failing to deposit with the clerk or judge, at the beginning of the second and each succeeding day’s session, the sum provided in subdivision (e).¿(Id., § 631(f).)¿¿

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“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.”¿ (Id., § 631(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 (quoting Boal v. Price Waterhouse & Co. (1985) 165 Cal.App.3d 806, 809).)¿ “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.)¿¿

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“In a motion for relief from waiver of a jury trial, the crucial question is whether the party opposing relief will suffer any prejudice if the court grants relief.”¿ (Mackovska, supra, 40 Cal.App.5th at 10.)¿ “‘‘The prejudice which must be shown from granting relief from the waiver is prejudice from the granting of relief and not prejudice from the jury trial.’’”¿ (Id. (quoting Massie v. AAR Western Skyways, Inc. (1992) 4 Cal.App.4th 405, 411).)¿ “‘The mere fact that trial will be by jury is not prejudice per se.’”¿ (Id. (quoting Johnson-Stovall v. Superior Court (1993) 17 Cal.App.4th 808, 811).)¿ “Denying relief where the party opposing the motion for relief has not shown prejudice is an abuse of discretion.”¿ (Id.)¿

Discussion

Plaintiff filed the present case on August 23, 2022. Under Code of Civil Procedure section 631(c)(2), jury fees are required to be paid no later than 365 calendar days after filing the complaint, setting the deadline for August 23, 2023. However, the jury fees were not paid until August 29, 2023. Plaintiff's counsel declared that he believed jury fees had been posted shortly after filing the complaint. However, upon a recent review of the register of actions, counsel discovered that the fees had not been paid as presumed due to inadvertent oversight. Upon learning of the oversight, Plaintiff promptly paid the jury fees and now seeks relief from the waiver of the right to a jury trial. Defendant did not allege prejudice or file an opposition, and therefore granting relief would not result in serious hardship to the objecting party. Thus, the present motion is granted.

PLEASE TAKE NOTICE:¿

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿