Judge: Martha K. Gooding, Case: 2021-01196645, Date: 2022-11-28 Tentative Ruling

Motion for Preference

The Motion by Plaintiff Irma Wilkins (“Plaintiff”) for trial preference is GRANTED.

Section 36(a) of the Code of Civil Procedure (“CCP”) provides that “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.

CCP section 36(e) states: “Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.”

Here, Plaintiff is at least 74 years old. There is no dispute she has a substantial interest in this action.  Plaintiff submits copies of her recent medical records with her supplemental briefing.

The records reflect that Plaintiff has been assessed as having “Class 3 - severe systemic disease.) (Bates WILKINSMEDICALS000012)  A biopsy of her pancreas showed “few viable cells with malignant features present, compatible with adenocarcinoma.” (WILKINSMEDICALS000036)  Plaintiff’s counsel declares that Plaintiff informed him she had chemotherapy on 11/9/22. (Roven Decl., ¶ 5.)

The Court finds the interests of justice will be served by granting Plaintiff’s Motion. The current trial date of March 27, 2023 is within 120 days pursuant to CCP section 36, and that date will remain.

Of course, the Court expects Plaintiff to fully cooperate with Defendant in the scheduling and completion of her deposition and in the other conduct of necessary discovery, to avoid having to continue the trial date.

Plaintiff is ordered to give notice.