Motion: Plaintiff’s Motion for Trial Preference and to Set Trial Date
Defendant North Point Surgery Center’s Demurrer to
Complaint
Tentative Ruling:
To grant plaintiff’s motion for trial preference and to set trial date. (Code Civ. Proc. § 36, subd. (a)(2).) To order the trial date set within 120 days of the date of this hearing. (Ibid.)
To overrule defendant North Point Surgery Center’s demurrer to the complaint. (Code Civ. Proc. § 430.10, subd. (e).) To order North Point to file its answer to the complaint within 10 days of the date of service of this order.
Explanation:
Trial Preference Motion: Under Code of Civil Procedure section 36, subdivision (a),
A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings:
(1) The party has a substantial interest in the action as a whole.
(2) The health of the party is such that a preference is necessary to prevent prejudicing the p