Judge: Armen Tamzarian, Case: 23STCV28309, Date: 2024-02-26 Tentative Ruling

Case Number: 23STCV28309    Hearing Date: February 26, 2024    Dept: 52

Plaintiff Neda Alhilali’s Motion for Preference in Trial Setting

Plaintiff Neda Alhilali moves for trial preference under Code of Civil Procedure section 36(a). 

A party who is over 70 years old is entitled to trial preference if she “has a substantial interest in the action as a whole” and “[t]he health of the party is such that a preference is necessary to prevent prejudicing” her.  (CCP § 36(a).)  Code of Civil Procedure section 36(e) further provides, “Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.” 

As the sole plaintiff in this action, Neda Alhilali has a substantial interest in it.  She is 85 years old.  (A. Alhilali Decl., ¶ 3.)  She suffers from Stage 4 dementia, sciatica, vision problems, and is currently recovering from a broken pelvis.  (Id., ¶ 4.)  Her health problems make preference necessary to prevent prejudicing her interest in the litigation.  In the alternative, the court finds that granting trial preference will serve the interests of justice.

Defendants Clan Co and Alison Wattles oppose this motion on the grounds that plaintiff has not sufficiently articulated how her age and health necessitate trial preference.  Plaintiff could have presented more detail on that subject.  But, based on the undisputed evidence, it is reasonable to infer that plaintiff’s health could deteriorate rapidly such that trial preference is appropriate. 

The court therefore will grant the motion and must set the matter for trial within 120 days.  (CCP § 36(f).)

Plaintiff Neda Alhilali’s motion for preference in trial setting is granted.  The court hereby sets a final status conference on May 20, 2024, at 9:00 a.m.  The court hereby sets the trial for June 5, 2024, at 10:00 a.m.