SHEPHERD v. FOREST RIVER, INC.
CASE NO.: VC066115
TENTATIVE ORDER
Plaintiffs DANIEL G. SHEPHERD and MARGIE P. SHEPHERD’s motion for trial preference is GRANTED. CCP §36(a).
Moving Party to Give Notice.
No Reply filed as of April 4, 2018 at 2:00 p.m. (Due by April 4, 2018 before 2:00 pm. per Court Order.
“(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 with
Hearing Date
April 06, 2018
Type
Other Compl-not Tort or Complex (General Jurisdiction)
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SHEPHERD v. FOREST RIVER, INC.
CASE NO.: VC066115
TENTATIVE ORDER
Plaintiffs DANIEL G. SHEPHERD and MARGIE P. SHEPHERD’s motion for trial preference is GRANTED. CCP §36(a).
Moving Party to Give Notice.
No Reply filed as of April 4, 2018 at 2:00 p.m. (Due by April 4, 2018 before 2:00 pm. per Court Order.
“(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 with