Maria Teresa Rodriguez Rangel v. MV Transportation, Inc.
Motion for Relief from Bench Trial
Motion type
Parties
Ruling
CASE NO.: 24STCV26848 MOTION FOR RELIEF FROM BENCH TRIAL MOVING PARTY: Plaintiff Maria Teresa Rodriguez Rangel RESPONDING PARTY: No opposition
I. INTRODUCTION
On October 15, 2024, Plaintiff, Maria Teresa Rodriguez Rangel, filed a Judicial Council Form Complaint against Defendant, MV Transportation, Inc., arising from injuries sustained in a motor vehicle accident.
On November 20, 2024, Defendant filed an Answer to the Complaint.
On February 13, 2025, Plaintiff filed a Case Management Statement. Plaintiff requested a jury trial.
On February 25, 2025, the court scheduled a non-jury trial for October 5, 2026.
On February 28, 2025, Plaintiff posted jury fees.
On June 29, 2026, Plaintiff filed this motion for relief from bench trial. The motion is unopposed.
II. LEGAL STANDARD
Under the California constitution, "[t]rial by jury is an inviolate right and shall be secured by all[.]"¿ Therefore, "[w]here doubt exists concerning the propriety of granting relief from [a jury trial] waiver, this doubt, by reason of the constitutional guarantee of right to jury trial, should be resolved in favor of the party requesting trial by jury.¿ (Gann v. Williams Brothers Realty, Inc. (1991) 231 Cal.App.3d 1698, 1703-1704.)¿
The court may, in its discretion upon just terms, allow a trial by jury despite the waiver.¿ (Code Civ. Proc., Sec. 631, subd. (g).)¿
Where the right to jury is threatened, the crucial focus is whether any prejudice will be suffered by any party or the court if a motion for relief from waiver is granted.¿ (Tesoro del Valle Master Homeowners Ass'n v. Griffin (2011) 200 Cal.App.4th 619, 638-39.)¿
"A trial court abuses its discretion as a matter of law when '. . . relief has been denied where there has been no prejudice to the other party or to the court from an inadvertent waiver. [Citations.]'" ¿(Wharton v. Superior Court¿ (1991) 231 Cal.App.3d 100, 104.)¿¿
III. DISCUSSION
The court will grant the motion. Plaintiff timely requested a jury trial and made this motion in a reasonable time prior to the scheduled jury trial. (See Code Civ. Proc., Sec. 631, subd. (c)(2).)
Given the foregoing, as well as the absence of opposition and prejudice to Defendant, the court will exercise its discretion to grant the requested relief.
I V. CONCLUSION
The motion for relief from waiver of jury trial is GRANTED. Plaintiff to give notice, unless waived.
Dated: September 8, 202 6 | | | Brock T. Hammond Judge of the Superior Court |
Judge Brock T. Hammond, Department 407 HEARING DATE: September 8, 2026 TRIAL DATE: Not set CASE: Bobby Hicks, et al. v. Lyndon Hotel, L.P., et al.
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