Judge: Lee S. Arian, Case: 23STCV26216, Date: 2025-02-04 Tentative Ruling

Case Number: 23STCV26216    Hearing Date: February 4, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

RUTH POWELL

                        Plaintiff,

            vs.

 

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, et al

 

                        Defendants.

 

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    CASE NO.: 23STCV26216

 

[TENTATIVE RULING] MOTION FOR TRIAL PREFERENCE IS CONTINUED

 

Dept. 27

1:30 p.m.

February 4, 2025

 

On October 26, 2023, Plaintiff filed the present case, alleging injuries resulting from a bus operator’s failure to provide necessary assistance while Plaintiff was boarding and seating. The case is currently set for trial on April 24, 2025. Plaintiff now moves for trial preference.

Plaintiff asserts in the moving papers that she is 84 years old but provides no declaration, birth certificate, or other supporting documentation to substantiate this claim.

Plaintiff’s attorney states that Plaintiff suffers from hyperlipidemia, hypertension, and osteoporosis and submits a discharge summary to that effect. However, these are chronic medical conditions that, on their face, do not appear to impair Plaintiff’s ability to participate in litigation. Code of Civil Procedure section 36(d) requires a showing that the party’s health is such that a trial delay would prejudice her ability to participate in the litigation. Plaintiff has failed to meet this standard.

However, given Plaintiff’s apparent age and health, the Court deems it appropriate to give her time to supplement the record in support of this motion.  Accordingly, the Court continues the hearing to 2/25/25, at 1:30 p.m.  Plaintiff is to file any supplemental information by 2/11/25; Defendant may file any responsive document by 2/18/25.

Moving party to give Notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

 

 

 

 

 

 

Hon. Lee S. Arian

Judge of the Superior Court