Motion for Trial Preference Pursuant to CCP 36(a)
SUPERIOR COURT OF CALIFORNIA COUNTY OF VENTURA Tentative Ruling 2025CUAS053902: ADDISON WIGHTMAN, SR., et al. vs AMERICAN HONDA MOTOR CO., INC., et al. 06/04/2026 in Department 41 Motion for Trial Preference Pursuant to CCP 36(a) 1 Below is the Courts tentative decision with respect to the matter on calendar. The Court may adopt, modify, or change the tentative ruling after hearing. The tentative ruling has no legal effect unless and until adopted by the Court. If you wish to submit on the Courts tentative decision without appearing, please send an email to the following address by 8:00 a.m. on the date of the hearing with counsel for all parties copied on your email: courtroom41@ventura.courts.ca.gov Please state on the subject line of your email: SUBMISSION ON TENTATIVE, Case Number, Title and Party.
If fewer than all parties submit on the tentative, the hearing will proceed, and the tentative decision is subject to change. Unless stated otherwise at the hearing, if a formal order is required but not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized.
If you are an attorney or Pro Per and your case is on calendar, you can appear remotely by Zoom for Case Management Conferences and Law & Motion matters. You cannot appear remotely for trials or any matter where testimony or evidence is going to be admitted. This court no longer allows remote appearances by CourtCall. Zoom is the exclusive means by which counsel can appear remotely. Represented parties, interested persons, witnesses, and the public at large, cannot attend remotely. You cannot forward the Court’s Zoom link to others so that they can attend remotely.
Courtroom 41 is open to the public and such individuals can attend
2025CUAS053902: ADDISON WIGHTMAN, SR., et al. vs AMERICAN HONDA MOTOR CO., INC., et al. 2 by physically appearing in the courtroom. While appearing remotely by Zoom, it is unlawful to video or audio record the proceedings or take screen shots/still photos of the proceedings.
To appear remotely by Zoom, you must submit an email request to the Court by 4 p.m. the court day before your hearing to: courtroom41@ventura.courts.ca.gov, with a subject line that includes NOTICE TO APPEAR VIA ZOOM. Your email request must identify the name of the attorney/party who will appear by Zoom and all counsel/parties must be copied on your email request. When appearing by Zoom, you will need to mute yourself until your case is called at which point you will also have to turn on your camera.
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The court calendar begins at 9 a.m. Assuming you have given advance email notice the court day before your hearing of your intent to appear by Zoom, you may enter the Courtroom 41 Zoom waiting room at 8:15 a.m. on the day of your hearing through this link: https://ventura-courts-ca.zoom.us/j/81985625079?pwd=cHV2MENmWGNLSnJCMlM5Sk1xRk 0vdz09 For information about Judge DeNoce including his case management and trial rules, please visit: www.DeNoce.com ______________________________________________________________ Tentative Decision: Plaintiffs Motion for Trial Preference Pursuant to Code of Civil Procedure Section 36(a).
Plaintiffs Motion for Trial Preference Pursuant to Code of Civil Procedure Section 36(a) is GRANTED. The requirements for a preferential trial date under Code of Civil Procedure section 36(a) are satisfied. At the hearing on this matter, a preferential trial date will be set within 120 days along with a pre-trial conference two weeks in advance. At the hearing on this matter, counsel are ordered to confer and propose a trial date within 120 days that is on a Monday. This court has very detailed jury trial and pre-trial conference rules counsel are ordered to comply with.
A copy of said rules are available at www.DeNoce.com The
2025CUAS053902: ADDISON WIGHTMAN, SR., et al. vs AMERICAN HONDA MOTOR CO., INC., et al. 3 Court denies the various Defendants requests for orders imposing conditions on the granting of a trial preference, without prejudice to Defendants (and Plaintiffs) seeking reasonable orders regarding discovery and motion deadlines at a later date. Defendants contend that granting Plaintiffs a preferential trial date will impact being able to prepare a defense in this action, particularly if the order granting the trial preference is not granted on various conditions.
However, section 36(a)s language is mandatory, and nothing in the language of section 36(a) authorizes a trial court to impose conditions upon granting a mandatory trial preference under that provision. Moreover, Defendants cite no authority endorsing a due process argument in opposition to a motion for a mandatory preference under section 36(a), and at least one appellate court has suggested that the mandatory nature of a section 36(a) preference trumps any due process considerations. (See Miller v.
Sup. Ct. (1990) 221 Cal.App.3d 1200, 1205-1206.) This court declines to address additional requested conditions which are not properly before the court at this time such as proposals regarding discovery and extending discovery and motion cutoff dates. Further, trial courts lack the power to shorten time on a motion for summary judgment/adjudication, even in cases involving multiple defendants and a preferential trial date. (See McMahon v. Sup. Ct. (2003) 106 Cal.App.4th 112, 117-118.) Moving party to give notice of this Courts ruling.