Judge: David A. Hoffer, Case: 30-2022-1259844, Date: 2022-09-12 Tentative Ruling

Plaintiff, Alice Blume’s (“Plaintiff”) unopposed Motion for Preference pursuant to Cal. Civ. Proc. Code § 36(a) is GRANTED.

Code of Civil Procedure Section 36(a) permits a party who is over 70 years of age to petition the court for trial preference, which the court must grant if the party has a substantial interest in the action as a whole and the health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.  Section 36 “was enacted for the purpose of assuring that an aged or terminally ill plaintiff would be able to participate in the trial of his or her case and be able to realize redress upon the claim asserted.”  (Looney v. Super. Ct. (1993) 16 Cal.App.4th 521, 532.)

Where a party meets the requisite standard for calendar preference under subdivision (a), preference must be granted; no weighing of interests is involved.  (Fox v. Superior Court (2018) 21 Cal.App.5th 529, 535.)

Here, the requirements of section 36(a) are met as Plaintiff is 93 years old (Blume Decl., ¶ 2 [ROA 51] and Ex. 1 to ROA 35) and Plaintiff’s sworn declaration reflects that she is in poor health.  Although the stated conditions do not suggest that Plaintiff is necessarily facing imminent death or suffering from a terminal illness, that is not the standard under section 36(a)(2) – it is enough to show that “preference is necessary to prevent prejudicing the party's interest in the litigation.”  That Plaintiff is 93 years old with multiple comorbidities, including both mental and physical health conditions, is sufficient to meet that standard.

Accordingly, the Motion is granted.

Trial is set for January 9, 2023 in this Department.

Moving party is ordered to give notice.