[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION FOR PREFERENTIAL TRIAL SETTING; MOTION DENIED
On January 17, 2018, Plaintiff Mari Gasparian (“Plaintiff”) filed this action against Defendant Arax Groceries & Deli, Inc. (“Defendant”) for personal injuries sustained in a June 23, 2017 trip and fall incident. Plaintiff moves for trial preference.
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 of Civ. Proc., § 36, subd. (a).)
In the court’s discretion, preference may also be granted where “clear and convincing medical documentation . . . concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months . .
Hearing Date
July 20, 2018
Type
Premises Liablty (e.g. slip & fall (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION FOR PREFERENTIAL TRIAL SETTING; MOTION DENIED
On January 17, 2018, Plaintiff Mari Gasparian (“Plaintiff”) filed this action against Defendant Arax Groceries & Deli, Inc. (“Defendant”) for personal injuries sustained in a June 23, 2017 trip and fall incident. Plaintiff moves for trial preference.
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 of Civ. Proc., § 36, subd. (a).)
In the court’s discretion, preference may also be granted where “clear and convincing medical documentation . . . concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months . .