Judge: Michael Shultz, Case: 23CMCV00043, Date: 2023-11-02 Tentative Ruling

Case Number: 23CMCV00043    Hearing Date: November 2, 2023    Dept: A

23CMCV00043 Derrick Coleman, Jr. v. City of Los Angeles, County of Los Angeles  

Thursday, November 2, 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 9, 2023.) Plaintiff seeks relief from the waiver. Plaintiff timely served Defendants with the motion on September 27, 2023. No opposition has been filed.

       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).) While Plaintiff seeks relief under Civil Procedure, section 473(b), relief from waiver may be granted where there has been no prejudice to the other party or to the court from an inadvertent waiver. (Code Civ. Proc., § 631 (g); 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 October 4, 2023. Accordingly, the motion is GRANTED.