Judge: Jill Feeney, Case: 22STCV20595, Date: 2023-04-18 Tentative Ruling

Case Number: 22STCV20595    Hearing Date: April 18, 2023    Dept: 30

Department 30, Spring Street Courthouse

April 18, 2023

22STCV20595

Motion for Trial Preference

Decision:

Hearing continued to a date no later than 30 days from this order for Plaintiff to submit proof of Plaintiff’s age.  

Both Counsel are ordered to appear at the hearing to discuss the continued hearing date with the Judicial Assistant.
  

Plaintiff claims that she is 96 years old.  Her advanced age and poor physical condition meet the prejudice standard set forth in Code Civ. Proc., section 36. Plaintiff’s evidence shows that she has been diagnosed with serious medical conditions which may cause her to pass away before trial.  Plaintiff meets the prejudice standard of Code Civ. Proc., section 36.

The provisions of Code Civ. Proc., section 36 remain mandatory. Having met the requirements of Code Civ. Proc., section 36, subd. (a), a trial preference is mandatory. The motion will be granted once Plaintiff submits evidence of her age.