Judge: Maurice A. Leiter, Case: 20STCV39035, Date: 2022-09-15 Tentative Ruling

Case Number: 20STCV39035    Hearing Date: September 15, 2022    Dept: 54

Hearing Date: September 15, 2022

Department 54, Judge Maurice A. Leiter

Motion for Trial Preference

Moving Party: Plaintiff David Vorobiev

Responding Party: Defendants Robert J. Hudock, Esq. and Hudock Employment Law Group, APC

T/R:    PLAINTIFF’S MOTION FOR TRIAL PREFERENCE IS GRANTED.

PLAINTIFF TO NOTICE.  

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers and non-opposition.

CCP § 36(a) provides, “[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.”

Plaintiff moves for trial preference under the mandatory provision of CCP § 36. Plaintiff is 88 years old and suffers from laryngeal cancer and prostate cancer. Defendants have not substantively opposed this motion. Plaintiff is over the age of 70 and his health is such that he will be prejudiced if not granted preference. Plaintiff’s motion is GRANTED.