Judge: Michelle C. Kim, Case: 21STCV10548, Date: 2023-05-22 Tentative Ruling

Case Number: 21STCV10548    Hearing Date: May 22, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

1.     Background 

On March 18, 2021, Plaintiffs Norma Jimenez Carrillo and Jazmin Guadalupe Solis Ramos (collectively “Plaintiffs”) initiated the present action filing a complaint against Defendants R&P Food Processing Inc., Bryant Alejandro Cruz, and Does 1 through 20 (collectively “Defendants”) alleging Negligence, Negligence Per Se, and Negligent Hiring, Training, and Supervision arising from an automobile accident.

On March 3, 2023, Plaintiffs filed the present Motion for Order Granting Relief from Waiver of Jury Trial.  There has been no opposition filed by Defendants. 

2.     Motion for Order Granting Relief from Waiver of Jury Trial 

The right to a jury trial is guaranteed by the California Constitution.  (Cal. Const., Art. I, § 16.)  The right to a jury trial is “preserved to the parties inviolate” and, therefore, may only be waived in certain enumerated circumstances provided within Code of Civil Procedure section 631, subdivision (f).  (Code Civ. Proc., § 631, subd. (a).)  Relevantly, Code of Civil Procedure section 631, subdivision (f) provides, one circumstance in which a party may waive trial by jury is where a party “fail[s to] timely pay the fee described in subdivision (b), unless another party on the same side of the case has paid that fee.”  (Code Civ. Proc., § 631, subd. (f)(5).)  Code of Civil Procedure section 631, subdivision (b) requires the party demanding a trial by jury must pay a nonrefundable fee of one hundred and fifty dollars ($150) “on or before the date scheduled for the initial case management conference in the action.”  (Code Civ. Proc., § 631, subd. (b), (c).)  “If no case management conference is scheduled in a civil action…and the initial complaint was filed on or after July 1, 2011, the fee shall be due no later than 365 calendar days after the filing of the initial complaint.”  (Code Civ. Proc., § 631, subd. (c).)  

“The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.”  (Code Civ. Proc., § 631, subd. (g).)  “In exercising discretion, a trial court may consider delay in rescheduling the trial for jury, lack of funds, timeliness of the request, and prejudice to all the litigants.”  (McIntosh v. Bowman (1984) 151 Cal.App.3rd 357, 365.)  “[T]he denial of a jury trial after waiver where no prejudice is shown to the other party or to the court is prejudicial.”  (Byram v. Superior Court (1977) 74 Cal.App.3d 648, 654.)  “It is settled that in case of doubt, the issue should be resolved in favor of preserving a litigant's constitutional right to a trial by jury.”  (Oakes v. McCarthy Co. (1968) 267 Cal.App.2d 231, 265.)

Here, the Court observes Plaintiffs waived their right to trial by jury by failing to pay the requisite fee in a timely manner.  However, following a consideration of the circumstances, the Court concludes Plaintiffs may be appropriately granted relief from the waiver of the right to jury trial, pursuant to Code of Civil Procedure section 631, subdivision (g).  First, the Court observes Plaintiffs’ waiver was due to an error made the office of Plaintiffs’ counsel as Plaintiffs’ counsel was accustomed to jury fees being posted on their behalf at the time of e-filing.  (Griffith Decl., ¶¶ 4-6.)  Second, the Court observes, following Plaintiffs’ counsel’s awareness of waiver on February 27, 2023, Plaintiffs moved promptly and diligently pay the jury fees on March 1, 2023 and file the instant motion on March 3, 2023.  (Id., ¶ 4; Ex. “A.”)  Third, the Court finds Plaintiffs may face prejudice in the event the requested relief is not granted.  On the other hand, the Court notes Defendants have not filed an opposition to the instant motion and, as such, do not provide prejudice they may face in the even the requested relief is granted.  Also, trial in this matter has been continued from June 6, 2023, to September 8, 2023, and, thus, Defendants have ample time to tailor argument and evidence to accommodate a trial by jury.

Based on the foregoing, Plaintiffs’ motion is GRANTED. 

            Moving party is ordered to give notice.  

PLEASE TAKE NOTICE: 

·         Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

·         If a party intends to submit on this tentative ruling,¿the party must send an email to the Court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

·         Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

·         If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

Dated this 22^nd day of May 2023