FREDERIC LEIGHT VS ANTHONY KISSELEV

Nature of Proceedings: Hearing on Plaintiff Frederic Leight’s Ex Parte Application and Motion for Trial Setting Preference Pursuant To Cal. Civ. Proc. Code §36(a).

The court has read and considered Plaintiff’s ex parte application for trial preference.

Pursuant to CCP § 36(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.” A request for a preferential trial may be made ex parte. (CRC 3.1335.) Frederic Leight is the only plaintiff and therefore has a substantial interest in the litigation as a whole.

“Provided there is evidence that the party involved is over 70, all subdivision (a) requires is a showing that that par........