Case Number:
20STCV23263
Hearing Date:
December 09, 2020
Dept:
28
Motion for Trial Preference
Ha
v
ing
considered the moving
and
opposing
papers
, the Court rules as follows
.
No reply papers were filed.
BACKGROUND
On June 29, 2020, Plaintiff Dean Hall (“Plaintiff”) filed a complaint against Defendant Marilyn McIntyre (“Defendant”). Plaintiff alleges negligence in the complaint arising from an automobile collision that occurred on August 19, 2019.
On November 10, 2020, Plaintiff
filed
a motion for trial preference pursuant to California Code of Civil Procedure section 36
, subdivision (a).
Trial is set for December 17, 2021.
PARTY’S
REQUEST
S
]
Plaintiff
as
ks the Court to set a preferential trial date because Plaintiff is
89
years old and
has
underlying medical problems
.
LEGAL STANDARD
California Code of Civil Procedure section 36 states, in relevant part: “(a) A party to a civil action who is over 70 years
Hearing Date
December 09, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Case Number:
20STCV23263
Hearing Date:
December 09, 2020
Dept:
28
Motion for Trial Preference
Ha
v
ing
considered the moving
and
opposing
papers
, the Court rules as follows
.
No reply papers were filed.
BACKGROUND
On June 29, 2020, Plaintiff Dean Hall (“Plaintiff”) filed a complaint against Defendant Marilyn McIntyre (“Defendant”). Plaintiff alleges negligence in the complaint arising from an automobile collision that occurred on August 19, 2019.
On November 10, 2020, Plaintiff
filed
a motion for trial preference pursuant to California Code of Civil Procedure section 36
, subdivision (a).
Trial is set for December 17, 2021.
PARTY’S
REQUEST
S
]
Plaintiff
as
ks the Court to set a preferential trial date because Plaintiff is
89
years old and
has
underlying medical problems
.
LEGAL STANDARD
California Code of Civil Procedure section 36 states, in relevant part: “(a) A party to a civil action who is over 70 years