TENTATIVE RULING

Calendar:    8

Date:          8/12/2022

Case No: BC 684158

Case Name: Fernandez, et al. v. Rancho Vega Housing Corporation, et al. 

MOTION FOR RELIEF FROM FAILURE TO POST JURY FEES

Moving Party: Defendants Douglas Apartments, Inc. and Karen Logan  

Responding Party:      Plaintiffs Rose Fernandez, Heather Medeiros, Doris Rapp and 

Kevin Fisher (No Opposition) 

RELIEF REQUESTED:

Relief from inadvertent failure to post advance jury fees.   

SUMMARY OF FACTS:

Plaintiffs Rose Fernandez, Heather Medeiros, Doris Rapp and Kevin Fisher bring this action against the owners of their residential apartments, defendants Rancho Vega Housing, Douglas Apartment Inc., Karen Logan and Myerson, alleging that defendants and their tenants discriminated against plaintiffs and subjected plaintiffs to uninhabitable living conditions because defendants were not “Jehovah witnesses” but belonged to a separate religion.

ANALYSIS:

CCP section 631 provides, in pertinent part:

“(a) The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate.  In civil cases, a jury may only be waived pursuant to subdivision (f).

(b)  At least one party demanding a jury on each side of a civil case shall pay a nonrefundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side of the case.…”

CCP section 631(f) provides the various manners by which a party may waive a jury trial, including by “(5) By failing to timely pay the fee described in subdivision (b), unless another party on the same side of the case has paid that fee.” 

Under subdivision (c), “The fee described in subdivision (b) shall be due on or before the date scheduled for the initial case management conference in the action…”  

Under subdivision (g):

“The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of trial by jury.” 

The file shows a status conference was held concerning the transfer of the case to this department on February 19, 2019.   On November 30, 2020, a Case Management Conference was held.   On December 3, 2020, plaintiffs filed a Demand for Jury Trial and Notice of Posting Jury Fees.  This was not on or before the date scheduled for the initial case management conference in the action.  On June 22, 2022, moving defendants Douglas Apartments, Inc. and Karen Logan filed a Request for Jury Trial and Notice of Posting Jury Fees of Defendants Douglas Apartments, Inc. and Karen Logan.  This was also not on or before the date scheduled for the initial case management in the action.     

RULING:

[No Opposition]

Motion for Relief from Inadvertent Failure to Post Jury Fees:

Motion will be deferred for hearing and considered by the Court in connection with the Final Status Conference, if moving defendant chooses to re-file and re-serve the motion.

The Court notes from its preliminary review of this matter that both sides, plaintiffs and moving defendant, have failed to timely post jury fees.  If any party intends to seek relief from waiver of jury trial, the party must file a noticed motion to be heard at the Final Status Conference.   

The Court notes the trial date is currently November 14, 2022, and the Final Status Conference is set for November 3, 2022.    

GIVEN THE CORONAVIRUS CRISIS, AND TO ADHERE TO HEALTH GUIDANCE THAT DICTATES SAFETY MEASURES, DEPARTMENT D IS ENCOURAGING AUDIO OR VIDEO APPEARANCES

Please make arrangement in advance if you wish to appear via LACourtConnect/Microsoft Teams by visiting www.lacourt.org to schedule a remote appearance.  Please note that LACourtConnect/Microsoft Teams offers free audio and video appearance. Counsel and parties (including self-represented litigants) are encouraged not to personally appear.  With respect to the wearing of face masks, Department D recognizes that currently, the Los Angeles Department of Public Health strongly recommends masks indoors, especially when interacting with individuals whose vaccination status is unknown; for individuals who have a health condition that puts them at higher risk for severe illness; individuals who live with someone who is at higher risk; and for individuals who are around children who are not yet eligible for vaccines.  In accordance with this guidance, it is strongly recommended that anyone personally appearing in Department D wear a face mask.  The Department D Judge and court staff will continue to wear face masks.  If no appearance is set up through LACourtConnect/Microsoft Teams, or otherwise, then the Court will assume the parties are submitting on the tentative.