Judge: Colin Leis, Case: 23STCV29098, Date: 2024-03-07 Tentative Ruling

Case Number: 23STCV29098    Hearing Date: March 7, 2024    Dept: 74

Dianah Middleton v. South Pasadena Care Center, LLC, et al.

Plaintiff’s Motion for Trial Preference

BACKGROUND 

            On November 29, 2023, Plaintiff Dianah Middleton, by and through her Guardian ad Litem (Plaintiff), filed a complaint against Defendants South Pasadena Care Center, LLC and Yehuda Schmukler (Defendants). The complaint alleges elder abuse and negligence.

            On January 26, 2024, Plaintiff filed this motion for trial preference. Defendants did not file an opposition.

LEGAL STANDARD

            “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 [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 Civ. Proc., § 36, subd. (a).)

DISCUSSION 

            The court grants Plaintiff’s motion for trial preference for the following reasons. First, Plaintiff is over the age of 70. (Attarchi Decl., ¶ 8.) Second, Plaintiff has a substantial interest in this action. And third, Plaintiff has provided the declaration of a physician, who opines that Plaintiffs may die within the next six months. (Attarchi Decl., ¶¶ 7-10.) (Swaithes v. Superior Court (1989) 212 Cal.App.3d 1082, 1086.)

CONCLUSION 

The court grants Plaintiff’s motion for trial preference. The court sets trial for June 24, 2024, at 8:30 a.m. The court will issue further orders at the hearing.

Plaintiff shall give notice.