Judge: Laura A. Seigle, Case: 22STCV08775, Date: 2022-10-25 Tentative Ruling

Case Number: 22STCV08775    Hearing Date: October 25, 2022    Dept: 15

[TENTATIVE] ORDER RE MOTION FOR PREFERENCE

On March 10 2022, Plaintiffs Stacy and Peter Belanger filed this action against multiple defendants for personal injury to Stacy Belanger caused by asbestos exposure.  Plaintiffs filed this motion for trial preference pursuant to Code of Civil Procedure sections 36 subdivision (d).

            The court has discretion to grant a motion for trial preference accompanied by clear and convincing medical documentation concluding that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months and satisfying the court that the interests of justice will be served by granting the preference.  (Code Civ. Proc., § 36, subd. (d).)  “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record.”  (Id., § 36, subd. (f).)  “Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.”  (Id.)

            Plaintiffs submitted evidence that Belanger has malignant pleural mesothelioma.  Dr. Bassam Ghanem’s declaration states he treats Belanger and has reviewed her medical records.  She underwent chemotherapy and has been hospitalized three times this year.  She has pain, nausea, insomnia, depression, fatigue, loss of weight and headaches and cannot walk far.  (Ghanem Decl., ¶ 8.)  Her health will decline, and there is substantial doubt of her survival beyond six months.  (Ghanem Decl., ¶¶ 9-10.) 

Defendants did not file oppositions.

            The Court finds there is sufficient evidence to meet the clear and convincing standard for granting this motion.  The motion is GRANTED.  Trial is set for February 21, 2023 at 9 a.m.  The Final Status Conference is February 6, 2023 at 9 a.m.  The parties are to meet and confer on a trial setting order.  The Court sets a status conference re trial setting order for November 3, 2022 at 9 a.m.

The moving party is to give notice.