Judge: Maurice A. Leiter, Case: 24STCV08520, Date: 2025-05-22 Tentative Ruling

Case Number: 24STCV08520    Hearing Date: May 22, 2025    Dept: 54

Hearing Date: May 22, 2025

Department 54, Judge Maurice A. Leiter

Motion for Trial Preference

Moving Party: Plaintiff Chubby Jorge Ramgar

Responding Party: Defendant A.F. Gilmore Company

T/R:      PLAINTIFF’S MOTION FOR TRIAL PREFERENCE IS DENIED WITHOUT PREJUDICE.

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; and (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 80 years old and suffers from a brain injury, which is at issue in this action. Plaintiff asserts that his health is such that he will be unable to participate in trial if it is not set within 120 days. In opposition, Defendant asserts that Plaintiff has failed to support this motion with sufficient evidence, arguing that Plaintiff’s counsel’s declaration lacks detail and personal knowledge.

While an attorney’s declaration is an appropriate vehicle to provide information to the Court in a motion under section 36(a), counsel’s declaration stating that Plaintiff’s “physical condition is of reasonable concern” is vague and does not provide sufficient information to show that preference is necessary. The medical record attached describes a 2022 surgery but does not shed light on Plaintiff’s current condition.

Plaintiff’s motion for trial preference is DENIED without prejudice.