Judge: Mark H. Epstein, Case: 24SMCV00647, Date: 2024-08-06 Tentative Ruling

Case Number: 24SMCV00647    Hearing Date: August 6, 2024    Dept: I

This is a motion for trial preference.  It is unopposed.  In support, plaintiff’s counsel states that plaintiff is 77 years old and was injured in the accident at issue in this case and has had to undergo surgery in relation thereto.  What the motion and attached declaration does not do is show that plaintiff’s health is declining to the point where plaintiff’s interest will be prejudiced by a normal trial setting.  Right now, that would be February 2026. 

The court must therefore deny the motion to the extent that it is brought under subdivision (a).  However, noting that there is no opposition, the court will inquire as to whether plaintiff is also moving under subdivision (e).  If so, the court will discuss setting this motion on a more accelerated schedule, although likely more than 120 days from now.