Judge: Michael E. Whitaker, Case: 24SMCV01669, Date: 2024-06-27 Tentative Ruling

Case Number: 24SMCV01669    Hearing Date: June 27, 2024    Dept: 207

TENTATIVE RULING

MOTION

This personal injury case arises from an incident where a trash receptacle fell on top of Plaintiff Chloé Van Oijen (“Plaintiff”), who was two years old at the time.  Plaintiff, by and through her guardian ad litem, Julie Graham, now moves for an order granting trial preference due to Plaintiff’s age. 

Defendant Prism Places, Inc. dba Runway Playa Vista (“Defendant”) has filed a notice of non-opposition. 

ANALYSIS

Code of Civil Procedure section 36 provides in part: “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.”  (Code Civ. Proc., § 36, subd. (b).)  Upon an affirmative showing that the moving party satisfies the requirements of Section 36, subdivision (b), the trial court has no discretion to refuse a minor’s request for early setting.  (Peters v. Superior Court (1989) 212 Cal.App.3d 218, 223-224.) 

Further, it is irrelevant that a motion for statutory preference may result in inconvenience to the court or other litigants or may prevent the completion of discovery or other pretrial matters. (Swaithes v Superior Court (1989) 212 Cal.App.3d 1082, 1085-1086.)  Cases entitled to this preference must be set for trial ahead of other cases.  (See Miller v Superior Court (1990) 221 Cal.App.3d 1200, 1206-1212.)  A court has no discretion to delay a trial setting after a motion for trial preference is granted. (Id. at p. 1204; see also Sprowl v. Superior Court (1990) 219 Cal.App.3d 777, 781; Vinokur v. Superior Court (1988) 198 Cal.App.3d 500, 502.) 

Pursuant to Code of Civil Procedure section 36, subdivision (f), “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record.  Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.” 

Here, Plaintiff’s birth date is March 12, 2022, making Plaintiff two years old, both at the time of the March 15, 2024 incident and currently.  (Glassman Decl. ¶ 4 and Ex. 1.)  Moreover, as Plaintiff is the only Plaintiff in this case, and the one who purportedly sustained injuries, Plaintiff has a substantial interest in this case.  (Glassman Decl. ¶ 5.)

CONCLUSION

Accordingly, the Court finds that the requirements of Code of Civil Procedure 36, subdivision (b) have been met, and grants the motion for trial setting preference.  Per Code of Civil Procedure section 36, subdivision (f), the action shall be set for trial not more than 120 days from the granting of the preference motion.  

As such, the Court orders that the Case Management Conference is advanced and reset to this date (June 27, 2024).  At the conference, the Court will address the dates for the trial, final status conference and status conference+. 

Plaintiff shall give notice of the Court’s order. 

DATED:  June 27, 2024                                  ________________________________

                                                                        Michael E. Whitaker

                                                                        Judge of the Superior Court