Judge: Joseph Lipner, Case: 24STCV01173, Date: 2024-07-09 Tentative Ruling

Case Number: 24STCV01173    Hearing Date: July 9, 2024    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Plaintiff Brenda Owen (“Plaintiff”) moves for an order setting this case for trial preference.

The Court GRANTS Plaintiff’s motion.

Background

This is a landlord-tenant case.

Plaintiff, Jeff Owen (“Owen”), and Lawrence O’Brien (collectively, “Plaintiffs”) filed this action non January 17, 2024, raising claims for (1) harassment in violation of Pasadena Municipal Code, section 1806, subd. (g); (2) retaliation in violation of Pasadena Municipal Code, section 1806, subd. (h); (3) negligence; (4) negligent hiring and supervision; (5) breach of implied warranty of habitability; (6) tortious breach of implied warranty of habitability; (7) breach of implied covenant of quiet enjoyment; (8) elder abuse; (9) retaliation under Civil Code, section 1942.5; (10) willful interruption of services under Civil Code, section 789.3; (11) violation of Civil Code, section 1940.2; (12) intentional infliction of emotional distress (“IIED”); and (13) unfair business practices.

Owen and O’Brien have resolved their claims and will be dismissing their claims, leaving Plaintiff Brenda Owen as the only remaining Plaintiff.

Plaintiff moved for trial preference on May 31, 2024. No party filed an opposition.

Legal Standard

Actions can be set for trial preference under several circumstances.

First, “[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.”

(Code Civ. Proc., § 36, subd. (a).)

Second, “[a] civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.” (Code Civ. Proc., § 36, subd. (b).)

Third, “[i]n its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.” (Code Civ. Proc., § 36, subd. (d).)

Fourth, “[n]otwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.” (Code Civ. Proc., § 36, subd. (e).)

When a court grants a request for a preference, “the court shall set the matter for trial not more than 120 days from the date and there shall be no continuance beyond 120 days,” barring specified circumstances.  (Code Civ. Proc. § 36, subd. (f).)

Discussion

            Plaintiff seeks a setting of preference under the first statutory ground.

Plaintiff is over 70 years of age. (Owen Decl. ¶ 2.) As the remaining Plaintiff, she has a substantial interest in the case as a whole. Plaintiff alleges that she has been injured by Defendants’ alleged failure to maintain Plaintiff’s unit at a property that is owned and managed by Defendants and by Defendants’ alleged ongoing harassment of Plaintiff.

Plaintiff’s health has declined significantly over the past year and a half. Plaintiff has experienced a sustained increase in her blood pressure as well as blood pressure spikes. (Owen Decl. ¶ 13; Reid Decl. ¶¶ 13, 16.) Plaintiff’s consistently elevated blood pressure has led to Plaintiff’s hospitalization in February 2023. (Owen Decl. ¶¶ 7, 13.) These health changes have been debilitating due to Plaintiff’s age and have led to an overall decline in health. (Owen Decl. ¶¶ 14-15.) The Court therefore finds that Plaintiff’s health is such that a setting of trial preference is necessary in order to protect her interest in this litigation.

Every Defendant has appeared and answered.

Having found that the statutory requirements are met, the Court grants Plaintiff’s request for a setting of trial preference.