Partaker vs. Hyndai Motor America

Case No.: 30-2018-01033589    

1. Motion for Preference
Moving Party: Plaintiff Victor Partaker Responding Party: Defendant Hyundai Motor America
Ruling: Ruling: Plaintiff’s motion for trial preference pursuant to Code of Civil Procedure section 36 is denied without prejudice.
Code of Civil Procedure section 36(a) states that 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 and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation. Upon the granting of a preference motion, the court “shall set” the matter for trial not more than 120 days from that date. (Id. § 36(f).) The clear intent of the Legislature is to safeguard litigants who qualify under section 36(a) against the acknowledged risk that death or incapacity might depriv........