Judge Stephen P. Pfahler, Case Number: 23CHCV01229, Date: 2023-10-30 Tentative Ruling

Judge: Stephen P. Pfahler, Case: 23CHCV01229, Date: 2023-10-30 Tentative Ruling

Case Number: 23CHCV01229 Hearing Date: October 30, 2023 Dept: F49

Dept. F-49

Date: 10-30-23

Case #23CHCV01229

Trial Date: Not Set

PREFFERENCE

MOVING PARTY: Plaintiff, Lucas Berent

RESPONDING PARTY: Defendant, Sulphur Springs Union School District

RELIEF REQUESTED

Motion for Trial Preference

SUMMARY OF ACTION

Plaintiff Lucas Berent alleges ongoing, unaddressed bullying by fellow students at Golden Oak Community School, a school within defendant Sulphur Springs Union School District. On April 26, 2023, Plaintiff filed a complaint for Negligence. Defendant answered the complaint on June 15, 2023.

RULING: Granted.

Plaintiff Lucas Berent moves for trial preference on grounds that Plaintiff is seven (7) years old, with a substantial interest in the action. Defendant Sulphur Springs Union School District contends material prejudice in preparing the case for trial, if the case is set for trial within 120 days of this hearing. Plaintiff in reply reiterates the right of the under 14 year old minor to seek preference, and maintains the arguments for denial present previously rejected arguments. Plaintiff also contends Defendant engaged in “discovery abuse” through the tendering of voluminous amounts of discovery.

Code of Civil Procedure section 36 subdivision (b) states in relevant part: “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. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.”

The motion presents declarations establishing that Plaintiff is eight (8) years old at the time of the motion (D.O.B. 8-24-15) and maintains a substantial interest in the case as the victim of bullying at the school. [Declaration of Jennifer Berent.] The action arises from the alleged physical and mental attacks of a single fellow classmate, “Everett,” and the alleged refusal of defendant to address the behavior of Everett. Plaintiff denies any prejudice and agrees to an expedited discovery process.

Relief under Code of Civil Procedure section 36, subdivision (b) is mandatory rule, not discretionary. (Peters v. Superior Court (1989) 212 Cal.App.3d 218, 224.) Other than a challenge of prejudice due to discovery, the impending holiday season, and potential impacts to law and motion, the court finds no legal basis for denial on grounds of a lack of Plaintiff’s substantial interest in the action. The motion is therefore granted.

Because the action is not at issue, the court lacked a prior opportunity to set a trial date. “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.” (Code Civ. Proc., § 36, subd. (f).)

The court will use a 120 day setting window in order to maximize discovery and law and motion setting windows. One hundred twenty days from the date of the motion falls on Tuesday February 27, 2024. Given the court sets its trials for Mondays, the trial date is therefore set for a starting date no later than February 26, 2023, with the reservation of a 15 days continuance, if necessary. Fifteen days from February 27, 2024, is Wednesday March 13, 2024. Again, given the Monday setting rule, this means an extension to no later than March 11, 2024.

The court notes Defendants’ right to a motion for summary judgment. (See Polibrid Coatings, Inc. v. Superior Court (2003) 112 Cal.App.4th 920, 923; Mediterranean Const. Co. v. State Farm Fire & Cas. Co. (1998) 66 Cal.App.4th 257, 262.)

The court acknowledges the volume of discovery already propounded and the arguments for discovery abuse. The court orders the parties to engage in meaningful meet and confer efforts regarding the scope of discovery, and cooperate in the expedited setting of the depositions of witnesses, experts, parties, and independent medical examination. The parties may proceed via zoom, if preferred/practical for the depositions.

The court also respects the sensitive nature of student privacy laws, but also notes “Everett” is not an identified party to this action. The court makes no assumption that personal information regarding the student remains in any way integral to the adjudication of the action regarding a failure to protect/prohibit Plaintiff from the alleged bullying conduct, including address of school policy/ies regarding student bullying.

The court advises the parties that this court remains impacted with law and motion, due to increasing case volume assigned to this department. Any difficulty due to voluminous discovery, obstreperous conduct, etc. brought to the attention of the court may be addressed via an expedited setting of an OSC re: Discovery Referee Referral. The parties may also request ex parte relief for non-discovery relief, if deemed necessary, but again, the court advises the parties against excessive requests to the court.

Case Management Conference currently set for April 22, 2024 is hereby advanced and vacated.

Plaintiff to give notice.