Judge: Michael Shultz, Case: 22CMCV00707, Date: 2024-10-03 Tentative Ruling
INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:
1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.
2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and
3. Serve notice of the Court's ruling on all parties entitled to receive service.
If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on.
TENTATIVE RULINGS -- http://www.lacourt.org/tentativeRulingNet/u
Case Number: 22CMCV00707 Hearing Date: October 3, 2024 Dept: A
[TENTATIVE] ORDER
Plaintiff
had earlier posted jury fees on June 20, 2023 but did not file a Demand for
Jury Trial until August 8, 2024, which Plaintiff’s counsel asserts was an
inadvertent mistake.
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.)
No
opposition has been filed. Accordingly, the motion is GRANTED.