Judge: Nathan Vu, Case: 2022-01263553, Date: 2023-01-09 Tentative Ruling

Motion for Trial Preference

Plaintiff Barbara Mukasa’s motion for trial preference is CONTINUED to 03/13/2023 at 8:30 am in Department N15, to be heard immediately after Defendant Senior Ride and Home Care Inc., dba OC Homecare Services’ motion to compel arbitration.

Plaintiff Barbara Mukasa, through her guardian ad litem Edward Mukasa, moves for an order granting trial preference pursuant to Civil Procedure Code sections 36(a) and (d).

Those provisions state:

(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.

. . .

(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.

On 11/01/2022, Plaintiff dismissed without prejudice Defendant Adeoluwa Faleke.

On 11/02/2022, the court granted Defendants Park View Estates’; Fountain Valley Opco LLC, dba Park View Estates’; and Sunshine Retirement Living LLC, dba Park View Estates’ motion to compel arbitration.

The only defendant left who might go to trial is therefore Defendant Senior Ride and Home Care Inc., dba OC Homecare Services (Defendant Senior Ride).

On 11/10/2022, Defendant Senior Ride filed a motion to compel arbitration. If this motion is granted, the motion for trial preference will be made moot.

The court therefore will continue this matter so that the motion to compel arbitration may be decided first. If that motion is denied, the court will take up the motion for trial preference.

The clerk shall give notice of this ruling.