Judge: Margaret L. Oldendorf, Case: 22AHCV00836, Date: 2023-03-09 Tentative Ruling


Case Number: 22AHCV00836    Hearing Date: March 9, 2023    Dept: P

 

 

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

NORTHEAST DISTRICT

 

ANGIE YARED VASQUEZ CORTES, a minor, by and through her guardian ad litem, MAYRA GUADALUPE CORTES AVALOS,

 

                                            Plaintiff,

vs.

 

DRAGON ABC, LLC, a corporation, and DOES 1 through 50, inclusive,

 

                                            Defendants.

 

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Case No.: 22AHCV00836

 

 

[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION FOR PREFERENCE

 

Date:   March 9, 2023

Time:  8:30 a.m.

Dept.:  P

 

            I.         INTRODUCTION

            In this personal injury action it is alleged that Minor Angie Yared Vasquez Cortes was badly burned when her clothes ignited as she walked by a kerosene gas burner. At the time she was attending an outdoor event at the apartment complex where she lives with her family.

            Minor now moves for preference in trial setting. Defendant Dragon ABC, LLC, the property manager, does not oppose. The motion is granted.

            II.        LEGAL STANDARD

            Code Civ. Proc. §36(b) provides, “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.”

            Where there is no dispute that the minor is under 14 and has a substantial interest in the case as a whole, relief is mandatory. Peters v. Superior Court (1989) 212 Cal.App.3d 218, 223-224.

 

III.      ANALYSIS

            This motion is accompanied by the Declaration of Erika Contreras, one of the attorneys representing the minor. Contreras provides evidence of the minor’s age. She is currently 10 years old.

            The minor is the only plaintiff to this action. As such it is established that she has a substantial interest in the litigation as a whole.

            Defendant concedes these points and does not oppose the motion. Defendant asks that trial be set out as far as permissible to provide adequate time for discovery.

 

IV.      CONCLUSION AND ORDER

            Motion for preference is granted.

            Trial is set _________________________, at _________.

            Final status conference is set ____________________ at __________.

            Plaintiff to give notice.

 

           

Dated:                                                                        _______________________________

                                                                                          MARGARET L. OLDENDORF

                                                                                 JUDGE OF THE SUPERIOR COURT