Judge: Lynne M. Hobbs, Case: 20STCV40739, Date: 2023-08-11 Tentative Ruling

Case Number: 20STCV40739    Hearing Date: April 17, 2024    Dept: 30

RODOLFO ZARATE BLANCO vs KIRSTIE LEE WALKER, et al.

TENTATIVE

Plaintiff Rodolfo Zarate Blanco’s motion for order granting relief from waiver of jury trial is GRANTED.  Moving party is ordered to give notice.

Legal Standard

CCP section 631 provides that “[a]t 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.” (Code Civ. Proc., § 631(b).) The fee must be paid before the date scheduled for the initial case management conference in the action. (Id., § 631(c).) If no case management conference is scheduled in a civil action, the fee shall be due no later than 365 calendar days after the filing of the initial complaint. (Id., § 631(c)(2).) A party waives jury trial by failing to timely pay the fee, unless another party on the same side of the case has paid that fee. (Id., § 631(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.” (Id., § 631(g).) “A trial court abuses its discretion as a matter of law when [] relief has been denied where there has been no prejudice¿to the other party or to the court from an inadvertent waiver.”¿ (Tesoro del Valle Master Homeowners Assn. v. Griffin¿(2011) 200 Cal.App.4th 619, 638.) Policy favors the court using its discretion to proceed with a jury trial.¿ (Bishop v. Anderson¿(1980) 101 Cal.App.3d 821, 823.)¿

“Where the right to jury is threatened, the crucial focus is whether any prejudice will be suffered by any party or the court if¿a motion for relief from waiver is granted. [Citations.]¿¿A trial court abuses its discretion as a matter of law when ‘…relief has been denied where there has been no prejudice to the other party or to the court from an inadvertent waiver. [Citations.]’” (Wharton v. Superior Court¿(1991) 231 Cal.App.3d 100, 104.)¿¿“The mere fact that trial will be by jury is not prejudice per se.”¿¿(Johnson-Stovall v. Superior Court¿(1993) 17 Cal.App.4th¿808, 811 [prejudice not shown by need to prepare motions¿in limine, enlarged exhibits, and jury instructions unless inadequate time also shown].)¿¿Rather, the prejudice that must be shown is “prejudice from the granting of relief from waiver not prejudice from the jury trial.”¿¿(Winston v. Superior Court¿(1987) 196 Cal.App.3d 600, 602, 603 [fact that it takes longer to try a jury case is not prejudice from granting relief from waiver].)

Discussion

Here, Plaintiff failed to timely pay jury fees and thus waived trial by jury pursuant to CCP section 631(f). The jury fees were not posted until March 4, 2024.

The Court finds there is good cause to permit relief from waiver of jury trial in this case. There will be no prejudice to Defendants as Defendants have filed a response, informing the Court they do not oppose.

Conclusion

Based on the foregoing, Plaintiff’s motion for order granting relief from waiver of jury trial is GRANTED.