Motion: Plaintiff’s Motion for Trial Preference and to Set Trial Date
Tentative Ruling:
To deny plaintiff’s motion for trial preference and to set trial date, without prejudice, for failure to present any evidence showing that plaintiff’s health is such that a preference is necessary to prevent prejudicing her interest in the litigation. (Code Civ. Proc. § 36, subd. (a)(2).)
Explanation:
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 party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there sh
Hearing Date
May 20, 2019
Type
24 Unlimited - Product Liability
For full print and download access, please subscribe at https://www.trellis.law/.
Motion: Plaintiff’s Motion for Trial Preference and to Set Trial Date
Tentative Ruling:
To deny plaintiff’s motion for trial preference and to set trial date, without prejudice, for failure to present any evidence showing that plaintiff’s health is such that a preference is necessary to prevent prejudicing her interest in the litigation. (Code Civ. Proc. § 36, subd. (a)(2).)
Explanation:
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 party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there sh