Motion (For An Order Granting Relief From Waiver Of Trial By Jury)
Superior Court of the State of California County of Orange
DEPT C13 TENTATIVE RULINGS
The Honorable Nico A. Dourbetas
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Date: May 29, 2026
1 Roberson vs. Best Western International, Inc
2023-01341991
Motion – Other (For An Order Granting Relief From Waiver Of Trial By Jury)
Plaintiff Ronna Roberson’s motion for relief from jury waiver is GRANTED. (See Code Civ. Proc., § 631, subd. (g); TriCoast Builders, Inc. v. Fonnegra (2024) 15 Cal.5th 766, 773, 779-780, 782-783
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Plaintiff admits she has not timely posted jury fees. Plaintiff has, however, given timely notice of her demand for a jury trial in the
complaint and all of her CMC statements. (Compl. at p. 29 [“Plaintiff hereby demands a jury trial on all issues so triable.”]; ROA Nos. 25, 47, 57, 59 [3/25/25, 4/28/25, 11/18/25 CMC statements], 63 [notice of posting jury fees].) Further, the Court has already set the matter for a jury trial (ROA No. 61 [11/25/25 minute order]); plaintiff has posted the requisite jury fees as of 2/2/26 (Janfaza Decl. ¶ 7; see ROA No. 63); the trial date is still well over a year away on 8/2/27; and nothing in the record or the defendants’ opposition papers suggests that anyone will suffer any hardship or prejudice if the court grants plaintiff relief from the jury waiver. (See Castillon-Mendoza Decl., in passim.)
Where, as here, the plaintiff has made a timely demand, but has failed to timely post the jury deposit fee, “lack of hardship to the other parties or the court is generally controlling, absent other factors that weigh against relief.” (TriCoast Builders, Inc. v. Fonnegra, supra, 15 Cal.5th at p. 782.)
Plaintiff shall give notice.
3 Pimentel vs. Trider
2024-01388480
Motion to Deem Facts Admitted
Defendants Trider Corporation and Alan Trider’s unopposed Motion to Deem Matters Admitted as to Request for Admissions, set one, propounded to plaintiff David Pimentel is granted. Trider is awarded sanctions in the total amount of $1,160.00 against Pimentel, payable within 30 days.
The Court awards sanctions in the amount of $1,160.00 which reflects 2 hours motion preparation and hearing time @ $550 per hour + $60 filing fee.
Trider to give notice.