MCGOWAN v. MODA TRANSPORTATION, LLC
CASE NO.: BC686776
HEARING: 08/23/19
TENTATIVE ORDER
Plaintiff’s motion for trial preference is CONTINUED to Friday, September 20, 2019 at 8:30 a.m. in Dept. SE-F. CCP §36(c)(1).
Moving Party to Give Notice.
“(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.” (CCP §36(a).) It is well-established that a plaintiff meets the two criteria in CCP §36(a), then the 120-day trial preference is “mandatory and absolute in its application.” (CCP §36(f); Vinokour v. Superior Court (1988) 198 Cal.App.3d 500, 502-503.) Further, once preference is granted, a trial must be set within 120 days and no continuances are permitted, except for goo
Hearing Date
August 23, 2019
Type
Other PI/PD/WD (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
MCGOWAN v. MODA TRANSPORTATION, LLC
CASE NO.: BC686776
HEARING: 08/23/19
TENTATIVE ORDER
Plaintiff’s motion for trial preference is CONTINUED to Friday, September 20, 2019 at 8:30 a.m. in Dept. SE-F. CCP §36(c)(1).
Moving Party to Give Notice.
“(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.” (CCP §36(a).) It is well-established that a plaintiff meets the two criteria in CCP §36(a), then the 120-day trial preference is “mandatory and absolute in its application.” (CCP §36(f); Vinokour v. Superior Court (1988) 198 Cal.App.3d 500, 502-503.) Further, once preference is granted, a trial must be set within 120 days and no continuances are permitted, except for goo