Judge: Elaine W. Mandel, Case: 24SMCV02244, Date: 2024-07-18 Tentative Ruling

Case Number: 24SMCV02244    Hearing Date: July 18, 2024    Dept: P

Tentative Ruling

Funke v. Castleworks Home Services Company, Case No. 24SMCV02244 

Hearing Date July 18, 2024

Plaintiffs’ Motion for Trial Preference

Plaintiff Mary Emily Funke sues for injuries sustained when she was hit by a van when walking in a crosswalk. Her husband Alex Funke sues for loss of consortium. Plaintiffs move for trial preference per Code Civ. Proc. §36. Plaintiff Mary Emily is 77 years old and sustained head, leg, foot and knee injuries, requiring surgery. Plaintiff Alex, who is 79, sues for loss of consortium.

Defendants do not oppose, but request that the court issue an order to facilitate discovery process and set the matter out to maximum allowed by law, 120 days.

The preference is mandatory under §36(a). Trial will be set in 120 days. The court will discuss shortened notice for dispositive motions and scheduling of depositions. The parties are to meet and confer in advance of the hearing regarding dates for depositions, independent medical examinations, and motions. GRANTED.

To the extent plaintiff has not responded to discovery as stated in the opposition, plaintiff is to respond, or the court will discuss scheduling an IDC.