Ana Stamp v. John Stewart Company et al.

Plaintiff Ana Stamp’s motion for trial preference. Notice is proper and the motion is opposed by defendants John Stewart Company et al.

A civil litigant “who is over 70 years of age may petition the court” for trial preference if (1) the party has a substantial interest in the action as a whole, and (2) the health of the party is such that preference is necessary to prevent prejudicing the party’s interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) A court may also grant a motion for preference “supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.” (Code Civ. Proc., § 36, subd. (e).) If preference is granted, “court shall set the matter for trial not more than 120 days from that date” and, subject to certain exceptions, “there shall be no continuance beyond 120 days from the granting of the motion.” (Id., subd. (f).)

It is undisputed that plaintiff in this personal injury action is 76 years old (with a birthdate in October 1949). The declaration from plaintiff’s counsel describes plaintiff’s health issues, including an emergency room visit in January 2026.

The court finds trial preference is necessary in this matter, under Code of Civil Procedure section 36, subdivisions (a) and (d). Defendants’ arguments that plaintiff’s showing is inadequate are unpersuasive. The motion is GRANTED.

The parties are ordered to meet and confer before the May 12, 2026 hearing on this motion to determine mutually agreeable trial dates in August 2026. The court intends to set trial at the hearing on May 12. The court will prepare the order.