Judge: Michael Small, Case: 19STCV33686, Date: 2024-01-30 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 19STCV33686    Hearing Date: January 30, 2024    Dept: 57

Plaintiff's motion under Code of Civil Procedure Section 36(a) for preference in the setting of the trial in this action is denied without prejudice. 

Section 36(a) provides a mechanism for parties to a civil action who are over 70 years of age to request a preference in the setting of the trial in the action.  Plaintiff is over 70 years of age.  However, his motion and supporting declaration do not satisfy the requirement for trial preference in Section 36(a)(2) that the health of the party seeking the preference "is such that a preference is necessary to prevent prejudicing the party's interest in the litigation."  Accordingly, the Court is declining to set the trial in this action within 120 days from today's date, which is what the Court would have been mandated to do under Section 36(f) had Plaintiff's motion and supporting declaration satisfied Section 36(a)(2).  However, because of the age of this action (it was filed nearly 4 and 1/2 years ago), the Court is setting the trial within this calendar year.  The trial date will be December 9, 2024 at 9:30 a.m.