Judge: Michelle C. Kim, Case: 22STCV31523, Date: 2023-05-17 Tentative Ruling

Case Number: 22STCV31523    Hearing Date: May 17, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

1. Background

Plaintiff Brooklyn Jones, a minor by and through her Guardian Ad Litem, Dajanae Daniel (“Plaintiff”) filed this action against Defendant City of Long Beach for damages arising from a hot water incident at a day camp run by Defendant which resulted in burns and permanent scarring. 

Plaintiff now moves for trial preference pursuant to CCP § 36.

            Defendant has not opposed.

2.  Motion for Trial Preference

“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.” (CCP § 36(b).)

            This is a personal injury action for injuries sustained by Plaintiff. Plaintiff is 9 years old. (Leonard Decl., ¶2, Exhs. 1-2.) Thus, Plaintiff is entitled to preference as he has a substantial interest in the case as a whole and is under 14. The motion is unopposed.

            The motion is GRANTED.

Plaintiff 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.

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Dated this 17^th day of May 2023