Case Number:
21STCV29728
Hearing Date:
July 12, 2022
Dept:
74
21STCV29728

MARY J KLING vs 170 CLIFFWOOD LLC

Plaintiffs Motion for Trial Preference

TENTATIVE RULING
:

The motion is GRANTED. The court shall set the matter for trial not more than 120 days from the hearing date. (Code Civ. Proc., § 36(f).)

Background



This is action arises from Defendants tree roots crashing onto Plaintiffs property, causing damages.



On August 11, 2021, Plaintiff Mary J. Kling, individually and as assignee of Cliffwood LLC filed a complaint against Defendant 170 Cliffwood LLC for (1) negligence and (2) trespass.



On November 10, 2021, the Court (Judge Mooney in Dept. 68) denied Plaintiffs motion for trial preference without prejudice.



On March 24, 2022, default was entered against Defendant.



On June 23, 2022, the Court granted Defendants motion to set aside the entry of default and continued the hearing on the instant motion to July 12, 2022.