Judge: Kevin C. Brazile, Case: 24STCV13395, Date: 2024-09-10 Tentative Ruling

Hearing Date: September 10, 2024

Case Name: Goff v. American Guard Services, Inc., et al.

Case No.: 23STCV01847 

Matter: Motion for Trial Preference

Moving Party: Plaintiff Garland Adrian Goff

Responding Party: Defendant American Guard Services, Inc.

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is an employment action.  The trial date is April 13, 2026.

Plaintiff Garland Adrian Goff seeks a trial preference because he “is 74 years old and has a substantial interest in the action. He is of such an age and condition that preference is necessary to prevent irreparable prejudice against him. On or around August 3, 2021, Plaintiff went to the Emergency Room and was sent to the oncology department. Unfortunately, Plaintiff was diagnosed with cancer metastatic to the liver. He is currently still undergoing chemotherapy.”

Code Civ. Proc. § 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.”

Plaintiff has sufficiently shown, via counsel’s declaration, that he (1) is 74 years old; (2) has a substantial interest in this action as the only plaintiff; and (3) has metastatic cancer that could prejudice him if there were a substantial delay before trial.  

Defendant states it “has no reason to dispute that Plaintiff has metastatic liver cancer, or that he is over the age of 70. However, the evidence as to the actual state of his health, and whether preference is necessary to prevent prejudice to his interests, is speculative. . .  Plaintiff has lived with his cancer for over three years at this point, thanks to successful chemotherapy. There is no indication in Plaintiff’s evidence that he is actually at risk of passing away before trial. ”

Respectfully, based on Plaintiff’s diagnosis, the Court disagrees.  It’s notable that Plaintiff’s physician testified that it was possible that Plaintiff would pass away before April 2026.  

The Motion is granted.  Trial is set for January 8, 2024.  (See CCP § 36(f).)  

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.