Judge: Daniel M. Crowley, Case: 19STCV38411, Date: 2022-09-27 Tentative Ruling

Case Number: 19STCV38411    Hearing Date: September 27, 2022    Dept: 28

Plaintiff Mary Watts’s Motion for Preference and Trial Setting

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On April 22, 2022, Plaintiff Mary Watts (“Plaintiff”) filed this action against Defendants Mexia Ogugua Azinge, M.D. (“Azinge”) and Doctor Paul Memorial Medical Center, Inc. (“DPMMC”) for medical negligence and breach of fiduciary duties.

On July 25, 2022, Defendants filed an answer.

On August 4, 2022, Plaintiff filed a Motion for Trial Preference to be heard on August September 27, 2022.

Trial is currently scheduled for October 20, 2023.

PARTY’S REQUESTS

Plaintiff requests the Court specially set the trial date in the matter no later than 120 days from the ruling on this motion.

LEGAL STANDARD

CCP § 36(a) states “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) does not require clear and convincing medical documentation, like CCP § 36(d) does, which is for health issues when the Plaintiff is under the age of 70. A court may also grant a motion for preference if the interests of justice will be served by granting this preference. CCP § 36(e).

DISCUSSION

Age Requirement

Plaintiff is currently 72 years old, meeting the age requirement for a motion under CCP § 36(a). 

Substantial Interest

Plaintiff is the only Plaintiff in this case and as such, has a substantial interest in the outcome of the litigation.

Health of Plaintiff

Plaintiff is currently undergoing chemotherapy for metastatic colon cancer that was originally diagnosed in 2012, but not treated until 2022. Plaintiff has been informed that if chemotherapy is not effective, she will likely die within the coming six months. Based on the above, Plaintiff meets the requirements. The Court grants the motion.

CONCLUSION

Plaintiff Mary Watts’s Motion for Preference and Trial Setting is GRANTED. Trial is continued to January 6, 2023, at 8:30 a.m. in Department 28 of the Spring Street Court House. The Final Status Conference is continued to December 23, 2022, at 10:00 a.m. in Department 28 of the Spring Street Court House. All other applicable trial dates are based on the new trial date.

            Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.