Judge: Maurice A. Leiter, Case: 22STCV21983, Date: 2023-01-04 Tentative Ruling

Case Number: 22STCV21983    Hearing Date: January 4, 2023    Dept: 54

Hearing Date: January 4, 2023

Department 54, Judge Maurice A. Leiter

Motion for Trial Preference

Moving Party: Plaintiff Carolyn Parker, by and through her GAL, Darnley Scantlebury Responding Party: Defendants West Pico Terrace Healthcare & Wellness Centre LP, Pacific Healthcare Holdings, Inc. and Rockport Administrative Services, LLC

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, opposition, and reply.

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 75 years old and was hospitalized on August 20, 2022 at North Cypress Medical Center for septic shock with profound hypotension, elevated cardiac enzymes, atherosclerotic coronary artery disease, history of kidney disease, extensive sacral wound that was positive for Klebsiella, ESBL. As of November 14, 2022, Ms. Parker was on pressure support ventilation and continued to be treated for septic shock, acute on chronic hypoxic respiratory failure, and pneumonia.

In opposition, Defendants assert that Plaintiff has not served all Defendants in the action and has failed to submit admissible evidence of Plaintiff’s age. In reply, Plaintiff states all parties have been served or dismissed. Plaintiff’s son has personal knowledge of his mother’s age. Plaintiff is over the age of 70 and her health is such that she will be prejudiced if not granted preference. Plaintiff’s motion is GRANTED.