Motion for Trial Preference
Plaintiff Maria C. Hernandez’s unopposed Motion for Trial Preference is GRANTED. The trial date is 10-1-18 since 120 days from this 5/31/18 hearing date is 9/28/18.
Under C.C.P. § 36(a), the Court is required to grant trial preference to the moving party. “[S]ection 36 is mandatory and absolute in its application in civil cases whenever the litigants are 70 years old.” Swaithes v. Superior Court (1989) 212 Cal. App. 3d 1082, 1086. Further, “[t]he trial court has no power to balance the differing interests of opposing litigants in applying the provision.” Id., at 1085.
Plaintiff has established that she is 85-years old, has a substantial interest in the action as the sole plaintiff and that her health is such that a trial preference is necessary to prevent prejudicing the party’s interest in the litigation due to her high blood pressure and lapses of cognitive ability which are increasing in frequency. Declaration of attorney William Elliott.