Judge: Steven A. Ellis, Case: 20STCV46010, Date: 2023-11-01 Tentative Ruling

Case Number: 20STCV46010    Hearing Date: November 1, 2023    Dept: 29

Tentative

The motion for trial preference is granted.

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Background¿ 

On December 1, 2020, Plaintiff Ian Sebastian Villegas, a minor, by and through his guardian ad litem, Salina Lopez, filed a Complaint against Defendants Candlewood Apartments, The Highlander Group, LP, and Does 1 to 10 for premises liability and negligence per se arising from a slip and fall incident that allegedly occurred on October 17, 2020.

On April 13, 2021, The Highlander Group, LP (“Defendant”) filed an Answer and a Cross-Complaint against Roes 1 through 10.

On July 26, 2021, Plaintiff dismissed his claims against Candlewood Apartments without prejudice.

On filing, trial was scheduled for May 31, 2022.  The trial date has been continued twice, and trial is currently scheduled for January 24, 2024.

On September 20, 2023, Plaintiff filed the instant motion for a mandatory trial preference under Code of Civil Procedure section 36, subdivision (b).  Plaintiff does not seek to advance the trial date but rather seeks an order “setting and keeping the trial of this matter on the current trial date of January 24, 2024.”

Defendant has not filed any opposition to the motion.

Legal Standard 

“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.”  (Code Civ. Proc., § 36, subd. (b).)  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).) 

Discussion  

Plaintiff seeks an order for a trial preference under Code of Civil Procedure section 36.  Plaintiff seeks to keep the trial of this matter on the current scheduled trial date of January 24, 2024.

Plaintiff has satisfied all of the substantive and procedural requirements for a trial preference under Code of Civil Procedure section 36, subdivision (b).  Plaintiff is under the age of 14 and has a substantial interest in the case as a whole.  Defendant does not argue otherwise.

Accordingly, the motion is GRANTED.

Conclusion 

The Court GRANTS Plaintiff’s motion for a trial preference under Code of Civil Procedure section 36, subdivision (b).

As requested by Plaintiff, the Court makes no change to the currently scheduled trial date.

Moving party is ordered to give notice.