[TENTATIVE] ORDER RE: MOTION FOR TRIAL PREFERENCE
On August 14, 2019, plaintiffs Gregory Ramos Alvarez and Maria Alvarez (collectively, “Plaintiffs”) filed this action against defendants Daniel Reyes Pena and The Pep Boys Manny Moe & Jack of California. Mr. Alvarez is a 96-year old man who was struck by a vehicle on January 18, 2018. Plaintiffs seek trial preference under Code of Civil Procedure section 36(a).
A party who is over 70 years old 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; and (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).) An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief
Hearing Date
November 08, 2019
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
[TENTATIVE] ORDER RE: MOTION FOR TRIAL PREFERENCE
On August 14, 2019, plaintiffs Gregory Ramos Alvarez and Maria Alvarez (collectively, “Plaintiffs”) filed this action against defendants Daniel Reyes Pena and The Pep Boys Manny Moe & Jack of California. Mr. Alvarez is a 96-year old man who was struck by a vehicle on January 18, 2018. Plaintiffs seek trial preference under Code of Civil Procedure section 36(a).
A party who is over 70 years old 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; and (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).) An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief