[TENTATIVE] ORDER RE: MOTION FOR TRIAL PREFERENCE
On September 22, 2017, Plaintiff Doris Ann Filler (“Plaintiff”) filed this action against Defendant Charles Ramsdell (“Defendant”) for negligence and negligence per se arising out of an October 1, 2015 pedestrian versus motor vehicle accident. Trial is currently set for September 24, 2019. Plaintiff moves for trial preference pursuant to Code of Civil Procedure section 36.
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
Hearing Date
May 21, 2019
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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[TENTATIVE] ORDER RE: MOTION FOR TRIAL PREFERENCE
On September 22, 2017, Plaintiff Doris Ann Filler (“Plaintiff”) filed this action against Defendant Charles Ramsdell (“Defendant”) for negligence and negligence per se arising out of an October 1, 2015 pedestrian versus motor vehicle accident. Trial is currently set for September 24, 2019. Plaintiff moves for trial preference pursuant to Code of Civil Procedure section 36.
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