Motion for Order Granting Preference and Specially Setting Case for Trial
The court considered the moving and opposing papers.
BACKGROUND
On February 28, 2018, plaintiff Amy Mary Lomeli (“Plaintiff”) filed a complaint against defendant Kory Alvin Chan (“Defendant”) for motor vehicle negligence regarding a vehicle collision that occurred on October 10, 2017.
Trial is set for August 28, 2019.
PARTY’S REQUEST
Plaintiff requests this court for a preferential trial date to be set within 120 days from the date Plaintiff’s operative motion is granted pursuant to California Code of Civil Procedure section 36, subdivisions (a) and (e).
LEGAL STANDARD
California Code of Civil Procedure section 36 states, in relevant part: “(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 pa
Hearing Date
March 15, 2019
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Motion for Order Granting Preference and Specially Setting Case for Trial
The court considered the moving and opposing papers.
BACKGROUND
On February 28, 2018, plaintiff Amy Mary Lomeli (“Plaintiff”) filed a complaint against defendant Kory Alvin Chan (“Defendant”) for motor vehicle negligence regarding a vehicle collision that occurred on October 10, 2017.
Trial is set for August 28, 2019.
PARTY’S REQUEST
Plaintiff requests this court for a preferential trial date to be set within 120 days from the date Plaintiff’s operative motion is granted pursuant to California Code of Civil Procedure section 36, subdivisions (a) and (e).
LEGAL STANDARD
California Code of Civil Procedure section 36 states, in relevant part: “(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 pa