MCGOWAN v. MODA TRANSPORTATION, LLC

CASE NO.: BC686776

HEARING: 09/20/19

TENTATIVE ORDER

Plaintiff’s motion for trial preference is GRANTED. CCP §36.

Moving Party to Give Notice.

CCP §36(c)(1) pertains to the time for filing a motion a motion for trial preference, and states, “Unless the court otherwise orders: A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared.” (Id.) On September 4, 2019, Plaintiff FILED the Supplemental Declaration of Stefano G. Formica in Support of Motion for Trial Preference in satisfaction of CCP §36(c)(1). Mr. Formica’s Supplemental Declaration indicates that all essential parties have been served with process or appeared. Plaintiff indicates that “the only essential parties to this action are Defendants MODA TRANSPORTATION LLC, GOINGS & GOINGS, INC. ... and VILLA ELENA CONVALESCENT HOSPITALS INC.” (Formica Supp. Decl., ¶8.)

“(a) A par