Judge: Olivia Rosales, Case: 24NWCV01039, Date: 2024-07-10 Tentative Ruling

Case Number: 24NWCV01039    Hearing Date: July 10, 2024    Dept: F

24NWCV01039 Motion for Trial Preference

Plaintiffs move for trial preference.

Code of Civil Procedure section 36, subdivision (a) provides, as follows: “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 of Civil Procedure section 36.5 provides that “An affidavit submitted in support of a motion for preference under [C.C.P. §36(a)] may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any party. The affidavit is not admissible for any purpose other than a motion for preference under [C.C.P. §36(a)].”

 Seventy-five-year-old Claude Mashburn has established he has a substantial interest in the action because he is the Plaintiff in this action. In addition, Plaintiffs’ counsel has submitted an affidavit stating his medical diagnosis and prognosis: diabetes mellitus, hypertension, dyslipidemia, anemia, chronic obstructive pulmonary disease, chronic kidney disease stage 3, cardiomyopathy, acute on chronic systolic heart failure, mitral valve insufficiency, atherosclerosis of aorta, secondary hypercoagulable state, secondary hyperaldosteronism, permanent atrial fibrillation, a history of stroke and open-heart surgery,  and a compression fracture of the T12 thoracic vertebra. (Decl. Pinkney, ¶¶ 6, 7.)

 Based on the above, the Court grants trial preference.