Judge: Thomas D. Long, Case: 22STCV20244, Date: 2023-02-09 Tentative Ruling

Case Number: 22STCV20244    Hearing Date: February 9, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 28, 2022, Plaintiff J.A.M. (a minor, individually and as Successor-In-Interest to the Estate of Decedent Michael McGarry by and through his Guardian Ad Litem, Lindsey Mueller) filed a first amended complaint (”FAC”) against Defendants Preferred Express Towing and Recovery Inc., Mohammad Alqaza, Nantmedia Holdings LLC (erroneously used as Nant Capital LLC dba Los Angeles Times) (“NantMedia”), Atlas Capital Group LLC (“Atlas”), Alameda & 8th Owner LLC, and Rudin Management Company Inc. (“Rudin”).

On December 9, 2022, the Court denied without prejudice Plaintiff’s motion for trial preference.

On January 13, 2023, Plaintiff filed another motion for trial preference.

A party who is under 14 years old in a civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon motion, 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).)  Granting trial preference is mandatory where a party satisfies subdivision (b), which is interpreted in the same manner as subdivision (a) regarding litigants over the age of 70 with health conditions.  (Peters v. Superior Court (1989) 212 Cal.App.3d 218, 224.)  When a party meets the requirements for mandatory preference, the motion must be granted, and “[n]o weighing of interests is involved.”  (Fox v. Superior Court (2018) 21 Cal.App.5th 529, 535.)  Any inconvenience to the court or to other litigants is irrelevant, and “[f]ailure to complete discovery or other pretrial matters does not affect the absolute substantive right to trial preference for those litigants who qualify for preference.”  (Swaithes v. Superior Court (1989) 212 Cal.App.3d 1082, 1085 (Swaithes).)

Plaintiff brings this action for the wrongful death of his father, and he has a substantial interest in the case.  All essential parties have been served with process of the FAC.  (See Hunter Decl. ¶¶ 4-5.)  Plaintiff provides a redacted copy of his birth certificate, showing a birth year of 2015 and proving that he is under the age of 14.  (Hunter Decl., Ex. A.)  Plaintiff’s redaction of the birth certificate on privacy grounds is nonsensical given that it is a public record.  But Plaintiff’s age is undisputed.

NantMedia and Atlas argue that trial preference will violate their due process rights because discovery cannot be completed in 120 days, liability is hotly contested, many facts are unknown, and they have a right to bring a motion for summary judgment.  Rudin also argues that trial preference will violate its right to due process because Rudin may not have a reasonable opportunity to respond to discovery and finish other necessary preparations for trial.  But when preference is mandatory, a defendant’s inconvenience or inability to complete discovery is irrelevant.  (Swaithes, supra, 212 Cal.App.3d at p. 1085.)

Accordingly, the Court GRANTS Plaintiff’s motion for trial preference.  The Final Status Conference is set for _____.  A jury trial is set for _____.

At the hearing, the parties are ordered to appear and be prepared to discuss their discovery plan and select FSC and trial dates.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 9th day of February 2023