Judge: Malcolm Mackey, Case: 22STCV12774, Date: 2023-03-15 Tentative Ruling



Case Number: 22STCV12774    Hearing Date: March 15, 2023    Dept: 55

Juan luis hernandez v. ksjv first equity, inc., ET AL.  22STCV12774

Date of Hearing: March 15, 2023, Dept. 55

# 8: MOTION FOR ORDER FOR RELIEF FROM ORDER WAIVING JURY TRIAL

Notice: OK. (Proof of Service filed by Plaintiff Juan Luis Hernandez on February 17, 2023.)

No Opposition filed by Defendant KSJV First Equity, Inc.

 

MP:     Plaintiff, Juan Luis Hernandez

RP:      None.

 

Summary

On April 15, 2022, Juan Luis Hernandez (“Plaintiff”) initiated the present action by filing a Complaint against KSJV First Equity, Inc., Superior Plantscapes, and Does 1 through 20 (collectively, “Defendants”), alleging the following causes of action: (1) Discrimination in Violation of Gov’t Code §§ 12940 et seq.; (2) Retaliation in Violation of Gov’t Code §§ 12940 et seq.; (3) Failure to Prevent Discrimination and Retaliation in Violation of Gov’t Code § 12940(k); (4) Retaliation in Violation of Gov’t Code §§ 12945.2 et seq.; (5) Failure to Provide Reasonable Accommodations in Violation of Gov’t Code §§ 12940 et seq.; (6) Failure to Engage in a Good Faith Interactive Process in Violation of Gov’t Code §§ 12940 et seq.; (7) Wrongful Termination in Violation of Public Policy; and (8) Failure to Permit Inspection of Personnel and Payroll Records.  Plaintiff’s Complaint alleges Plaintiff was an employee of Defendants, during which time he was subject to discrimination on the basis of his disability and wrongfully terminated.

On May 20, 2022, Defendant KSJV First Equity, Inc. (hereinafter, “Defendant”) filed an Answer.

On September 13, 2022, Plaintiff filed a Request for Dismissal, dismissing Superior Plantscapes as a party to this action.

On February 17, 2023, Plaintiff filed the present Motion For Order For Relief From Order Waiving Jury Trial.  There has been no opposition filed by Defendant.

 

 

MP Position

 

Plaintiff, moving party, requests an Order granting relief from waiver of jury trial, pursuant to Code of Civil Procedure section 631.  (Code Civ. Proc., § 631.)

 

·         Plaintiff contends he inadvertently failed to pay the requisite jury deposit fee prior to the date of the initial case management conference, causing Plaintiff’s right to a jury to be waived.

·         Plaintiff argues an Order granting relief from this inadvertent waiver of jury trial is warranted because Plaintiff’s failure to pay the aforementioned jury deposit fee was inadvertently caused by a clerical error of his counsel of record.

·         Plaintiff additionally argues Defendant will not suffer prejudice in the event the Court grants the relief requested because Defendant has ample time to prepare for a jury trial, as opposed to a bench trial, considering the trial date in this action is over nine months away on December 4, 2023.

·         Plaintiff, furthermore, states Plaintiff timely made the present request for relief.  Plaintiff reserved a hearing date for the present motion for relief within days of the waiver.

 

Tentative Ruling

 

The motion is GRANTED.  The Court hereby grants Plaintiff relief from waiver of jury trial.

The right to a jury trial is guaranteed by the California Constitution. (Cal. Const., Art. I, § 16.)  The right to a jury trial is “preserved to the parties inviolate” and, therefore, may only be waived in certain enumerated circumstances provided within Code of Civil Procedure section 631, subdivision (f).  (Code Civ. Proc., § 631, subd. (a).)  Relevantly, Code of Civil Procedure section 631, subdivision (f) provides, one circumstance in which a party may waive trial by jury is where a party “fail[s to] timely pay the fee described in subdivision (b), unless another party on the same side of the case has paid that fee.”  (Code Civ. Proc., § 631, subd. (f)(5).)  Code of Civil Procedure section 631, subdivision (b) requires the party demanding a trial by jury must pay a nonrefundable fee of one hundred and fifty dollars ($150) “on or before the date scheduled for the initial case management conference in the action”.  (Code Civ. Proc., § 631, subd. (b), (c).) 

“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.”  (Code Civ. Proc., § 631, subd. (g).)  “In exercising discretion, a trial court may consider delay in rescheduling the trial for jury, lack of funds, timeliness of the request, and prejudice to all the litigants.”  (McIntosh v. Bowman (1984) 151 Cal.App.3rd 357, 365.)  “[T]he denial of a jury trial after waiver where no prejudice is shown to the other party or to the court is prejudicial.”  (Byram v. Superior Court (1977) 74 Cal.App.3d 648, 654.)  “It is settled that in case of doubt, the issue should be resolved in favor of preserving a litigant's constitutional right to a trial by jury.”  (Oakes v. McCarthy Co. (1968) 267 Cal.App.2d 231, 265.)

The Court observes Plaintiff waived his right to trial by jury by failing to pay the requisite fee by the date of the initial case management conference on September 26, 2022.  (Afgani Decl., ¶ 4.)  The Court’s case management conference order indicated the trial int his action would be a “Non-Jury Trial”.  However, following a consideration of the circumstances, the Court concludes Plaintiff may be appropriately granted relief from the waiver of the right to jury trial, pursuant to Code of Civil Procedure section 631, subdivision (g).  (Code Civ. Proc., § 631, subd. (g).)  Initially, the Court observes Plaintiff’s waiver was caused by a clerical error which caused Plaintiff’s counsel to miss the initial case management conference and fail to post the requisite fee by the statutory deadline.  (Afgani Decl., ¶ 5.)  Furthermore, the Court observes, following the aforementioned waiver, Plaintiff moved promptly and diligently in an effort to obtain relief from the waiver, reserving a hearing date upon the present motion only nine (9) days after the initial case management conference.  (Id., ¶ 6.)  Additionally, the Court finds no conceivable prejudice may be faced by Defendant in the event the requested relief was permitted.  From the inception of this action, Defendant’s reading of the Complaint would have revealed Plaintiff’s intent to try this action by jury, as opposed to a bench trial, as the first page of Plaintiff’s operative Complaint unequivocally states, “DEMAND FOR JURY TRIAL”.  (Compl., at p. 1.)  Also, the trial date in this action is not scheduled for another nine (9) months on December 4, 2023.  Defendant has ample time to tailor argument and evidence to accommodate a trial by jury.  The Court, additionally, notes Defendant has not filed an Opposition to the present motion.

Based on the foregoing, Plaintiff’s motion is GRANTED.

 

*IF PARTIES WOULD LIKE TO SUBMIT ON THE COURT’S TENTATIVE, PLEASE CALL THE COURTROOM AT 213-633-0655*