Judge: Daniel M. Crowley, Case: 22STCV07156, Date: 2022-08-24 Tentative Ruling

Case Number: 22STCV07156    Hearing Date: August 24, 2022    Dept: 28

Plaintiff Ann Carel’s Motion for Preference and Trial Setting

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

BACKGROUND

On February 28, 2022, Plaintiff Lillie Greene (“Plaintiff”) filed this action against Defendants Rite Aid Corporation (“Rite Aid”) and Pam Doe (“Doe”) for negligence and premises liability. Plaintiff later amended the complaint to include Defendant Joseph Obviar (“Obviar”).

On April 29, 2022, Rite Aid filed an answer.

On May 18, 2022, Plaintiff filed a Motion for Trial Preference to be heard on August 24, 2022.

Trial is currently scheduled for August 28, 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 79 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 states she suffers from type 2 diabetes and has high cholesterol, both of which put her at increased risk for stroke of heart failure. Plaintiff also cites that, as a result of the subject incident, she now has decreased mobility resulting in decreased physical function, decreased social engagement, increased dependence, and worsening quality of life, putting her at risk for multi-system failure and death.

The Court does not find that Plaintiff’s health mandates preferential trial setting. The provided medical information does not indicate that preference is necessary to prevent prejudicing Plaintiff’s interests. Although the Court appreciates that diabetes and high cholesterol can put individuals at higher risk for strokes, these alone are not sufficient to show that Plaintiff’s health mandates trial happen as soon as possible. There is no indication that Plaintiff is bedridden, suffering from a terminal illness, or will soon lose motor functioning, for example. As such, the Court denies the motion.

CONCLUSION

Plaintiff Lillie Greene’s Motion for Preference and Trial Setting is DENIED.

            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.