Judge: Michael Shultz, Case: 22CMCV00560, Date: 2023-10-26 Tentative Ruling

Case Number: 22CMCV00560    Hearing Date: October 26, 2023    Dept: A

22CMCV00560 Rosa Maria Mendez v. Lyft, Inc., et al.

Thursday, October 26, 2023 at 8:30 a.m.

[TENTATIVE] ORDER GRANTING MOTION TO VACATE COURT’S ORDER OF WAIVER OF TRIAL BY JURY

      Plaintiff failed to post jury fees prior to the Case Management Conference as required by statute, resulting in a waiver of jury trial. (Code Civ. Proc., § 631; Min. Ord. August 28, 2023.) Plaintiff seeks relief from the waiver.

      A party waives jury trial by failing to timely pay the jury fee. (Code Civ. Proc., § 631 (f) (5).)

The court has discretion to allow a jury trial although there may have been a waiver. (Code Civ. Proc., § 631 (g).) Relief from waiver may be granted where there has been no prejudice to the other party or to the court from an inadvertent waiver. (Wharton v. Superior Court (1991) 231 Cal.App.3d 100, 104.) Because the right to jury trial is fundamental, doubts are resolved in favor of allowing a jury trial. (Tesoro del Valle Master Homeowners Assn. v. Griffin (2011) 200 Cal.App.4th 619, 638.)

      The Court’s electronic file reflects that Plaintiff posted jury fees on September 11, 2023. No opposition has been filed. Accordingly, the motion is GRANTED.