The motion of plaintiff Irma Wilkins for trial preference pursuant to Code of Civil Procedure section 36, subdivision (a), is GRANTED.
The plaintiff has submitted evidence establishing she is entitled to trial preference because of her age. Although the evidence supporting her claim that her health is such that “preference is necessary to prevent prejudicing [her] interest in the litigation” is weak (Code Civ. Proc., § 36, subd. (a)(1)), the court finds under all the circumstances, and in accordance with the purpose of the statute, that the evidence provided is sufficient.
The trial date in this matter is therefore set for September 20, 2021, at 8:30 am.
The court is aware that on May 24, 2021, defendant Hoag Memorial filed a notice that a good faith meet and confer on the validity of the complaint was attempted. It is reported that it was unsuccessful, and therefore the time within which to file a responsive pleading has, by operation of law, been extended 30 days. (See ROA 39.) To me
Hearing Date
May 27, 2021
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The motion of plaintiff Irma Wilkins for trial preference pursuant to Code of Civil Procedure section 36, subdivision (a), is GRANTED.
The plaintiff has submitted evidence establishing she is entitled to trial preference because of her age. Although the evidence supporting her claim that her health is such that “preference is necessary to prevent prejudicing [her] interest in the litigation” is weak (Code Civ. Proc., § 36, subd. (a)(1)), the court finds under all the circumstances, and in accordance with the purpose of the statute, that the evidence provided is sufficient.
The trial date in this matter is therefore set for September 20, 2021, at 8:30 am.
The court is aware that on May 24, 2021, defendant Hoag Memorial filed a notice that a good faith meet and confer on the validity of the complaint was attempted. It is reported that it was unsuccessful, and therefore the time within which to file a responsive pleading has, by operation of law, been extended 30 days. (See ROA 39.) To me