Judge: Thomas D. Long, Case: 23STCV23576, Date: 2024-11-19 Tentative Ruling

Case Number: 23STCV23576    Hearing Date: November 19, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On September 28, 2023, Plaintiffs Robert Rodriguez, Ehlani Rodriguez, Ivan Sebastian Rodriguez, Nadia Tapia, Venus Gamboa, Lorenzo Maxx Jimenez, Julian Asher Cruz Gamboa, Jorge Cruz, Annie Dardon, Isayah Bailey, Jeremy Smith, Jordan Anthony Smith, Charisse L. Evans, Shamika Simpson, and Khalil Keith filed this action against Defendants Woodman Realty Inc., 12129 Manor Dive LLC, and J.K. Residential Services Inc.

On October 23, 2024, the minor Plaintiffs filed a 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.)

Plaintiffs bring this action due to the uninhabitable conditions at their residences, and they have a substantial interest in the case.  All essential parties have been served with the summons and complaint, and they have all filed answers.  Plaintiffs’ guardian ad litem applications, signed by their parents under penalty of perjury, include their birthdates and prove that they are each under the age of 14.  (Ohn Decl. ¶ 2 & Ex. A.)

Accordingly, the Court GRANTS Plaintiffs’ unopposed motion for trial preference.

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.

         Dated this 19th day of November 2023