Motion to Advance Trial Date (Judge Yolanda Orozco)


Case Number: 16K05621??? Hearing Date: October 20, 2016??? Dept: 77

Plaintiffs Bradford Korzen and Kelly Wearstler?s Motion to Advance Trial Date is GRANTED. CCP ? 36(e) and CRC ? 3.1335.

CCP ? 36 provides an additional broad discretionary power to grant a preference in any civil case. ?Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is support by a showing that satisfied the court that the interests of justice will be served by granting this preference.? CCP ? 36(e). Per subsection (b) ?The request may be granted only upon an affirmative showing by the moving party of good cause based on a declaration served and filed with the motion or application.?

Plaintiffs have made a compelling argument that the trial date should be advanced. Specifically, Plaintiffs have met the requirements of CCP ? 36(e) and CRC 3.1335(b). Good cause exists to grant this motion as this is the type of case that CCP ? 36 was designed to benefit. Therefore, this motion is granted. CCP ? 36(e) and CRC 3.1335.

The trial date is preferentially set on February 16, 2017, 8:30 a.m., Department 77. CCP ? 36(f).

Plaintiffs and moving parties to give notice.