Judge: Laura A. Seigle, Case: 22STCV12856, Date: 2022-12-09 Tentative Ruling

Case Number: 22STCV12856    Hearing Date: December 9, 2022    Dept: 15

[TENTATIVE] ORDER RE MOTION FOR PREFERENCE

On April 18 2022, Plaintiffs Keith Slawson and Nancy Slawson filed this action against multiple defendants for personal injury caused by asbestos exposure.  On November 10, 2022, 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 Keith Slawson has malignant pleural mesothelioma.  (Fallat Decl. Decl., ¶ 17.)  He underwent chemotherapy and immunotherapy.  He is weak and in pain, is on morphine for the pain, has shortness of breath, and has lost a lot of weight.  He recently entered hospice care.  (Id., ¶¶ 18, 24.)  His health will decline, and there is substantial doubt of her survival beyond four months.  (Id., ¶ 27.) 

Defendants argue Plaintiffs’ evidence is not sufficient because the doctor providing the declaration is not his treating physician.  The declaration states the doctor has spoken with Slawson and reviewed his records.  (Fallat Decl., ¶¶ 7, 24.)  The declaration provides details about Slawson’s medical records and condition.  And, no one disputes Slawson has recently entered hospice care, which alone is a significant indicator that he does not have much longer to live.

            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 April 3, 2023 at 9 a.m.  The Final Status Conference is March 20, 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 December 16, 2022 at 9 a.m.

The moving party is to give notice.