Fox v. Superior Court, No. A153672 (D1d4 Mar. 21, 2018)
Under Code of Civil Procedure § 36(a), a party over 70 years of age is entitled to mandatory trial preference if she has a substantial interest in the action and her health is such that a preference is needed to avoid prejudice to her interest in the litigation. The trial court here denied a preference to a 81-year old asbestos plaintiff who is suffering from cancer that has metastasized into her bones, among many other ailments, and is currently undergoing chemotherapy. But in the absence of any showing to the contrary by defendant, the standard was met. Thus the Court of Appeal, after a Palma notice, issues a peremptory writ and orders the trial court to set trial within 120 days.
Writ granted.
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