Judge: Olivia Rosales, Case: 23NWCV00760, Date: 2024-02-27 Tentative Ruling

Case Number: 23NWCV00760    Hearing Date: February 27, 2024    Dept: F

Motilal Maharaj vs Kamren Tason-Michael Lawson

Case No.: 23NWCV00760

Hearing Date: February 27, 2024 @ 10:30 AM

Tentative Ruling

Plaintiff Motilal Maharaj’s Motion for Trial Preference under Code of Civil Procedure 36(a) is GRANTED.

Plaintiff is ordered to give notice.

Background

This matter stems from a motor vehicle accident that occurred on December 28, 2022 in Norwalk, California.

Plaintiff now files the instant Motion for Trial Preference.

Legal Background

“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.”  (Code Civ. Proc., § 36 (a).)

Discussion

Plaintiff Moti Maharaj is 79 years old.

Plaintiff contends that he is suffering from Parkinson’s disease, a traumatic brain injury, and in poor health. Plaintiff maintains that as the conditions progress his ability to comprehend and meaningfully participate in this action will diminish, which may disrupt his ability to comprehend and meaningfully participate in this action. Thus, the Court finds that Plaintiff’s health is such that trial preference is necessary to prevent prejudicing his interest in this litigation.  (See Code Civ. Proc., § 36 (a).)

Plaintiff also has a substantial interest in the litigation as he was involved in the subject motor vehicle incident.

Accordingly, Plaintiff’s motion for trial preference will be granted.