Judge: Matthew C. Braner, Case: 37-2024-00010103-CU-MC-CTL, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 24, 2024

05/24/2024  03:30:00 PM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2024-00010103-CU-MC-CTL DIAZ VS HONOLUA BAY HOLDINGS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Hermelinda Diaz's motion for trial preference is GRANTED.

Defendants Hololua Bay Holdings, LLC and West Harbor Healthcare LLC do not oppose Plaintiff's motion, but request the court set a trial date as close to the 120-day statutory time limit as the court's calendar will allow. (ROA #39.) Once all essential parties have been served with process or have appeared, a party may file a motion for trial preference. (C.C.P § 36(c)(1).) Under California Code of Civil Procedure section 36(a): (a) 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.

(Code Civ. Proc., § 36.) Here, Plaintiff has satisfied these requirements. Plaintiff is 75 years old; as the plaintiff, she plainly has a substantial interest in the action as a whole. As to her health, Plaintiff presents the declaration of Dr.

Shahab Attarchi, a hospitalist with 20+ years of experience currently practicing at Mission Community Hospital. He opines that, based on her quickly deteriorating health and to a reasonable degree of medical probability, it is unlikely Plaintiff has more than six months to live from the time of his examination on April 12, 2024. Plaintiff also presents select medical records to support Dr. Attarchi's opinion. Plaintiff's counsel, who has very extensive experience with elder abuse cases, attests that Dr.

Attarchi has rendered similar medical opinions in dozens of elder abuse cases and was consistently accurate in his conclusion those plaintiffs would not survive past six months.

With this evidence, Plaintiff has sufficiently demonstrated her health is such that a preference is necessary to prevent prejudicing Plaintiff's interest in the litigation. (Code Civ. Proc., § 36, subd. (a)(2).) Accordingly, a trial preference is granted.

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