Motion for Trial Preference
24CV013798: RICCI vs MOHANNA, et al. 12/19/2025 Hearing on Motion for Trial Preference in Department 47
Tentative Ruling
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The motion of Plaintiff Alvin E. Ricci, Jr. (Plaintiff) for preference in trial setting is unopposed and GRANTED.
To obtain preference under Code of Civ. Proc. § 36(a) a party must be over the age of 70, have a substantial interest in the litigation and suffer from a health condition such that preference is necessary to prevent prejudicing the party's interest in the litigation. A motion for preference may be filed after all essential parties have been served with process or have appeared by any party who has attained the age of 70 at the time the motion is filed. (Code Civ. Proc. § 36(c).) A motion for preference under section 36(a) may be supported by nothing more than an attorneys declaration based upon information and belief as to the medical diagnosis and prognosis of any party. (Fox v.
Superior Court (2018) 21 Cal.App.5th 529, 534 [quoting Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2017) ¶ 12:247.1, p. 12(I)-44].) Additionally, preference under this section is mandatory, not discretionary. (Swaithes v. Superior Court (1989) 212 Cal.App.3d 1082, 1086.) Plaintiff is over 70 years of age and has a substantial interest in the litigation. Further, the motion is supported by a declaration from Counsel based on information and belief, which supports a finding that Plaintiffs diagnosis and prognosis is such that preference is necessary to prevent prejudice.
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All parties stipulated that preference is necessary to permit Plaintiff to participate in trial.
The motion is granted. Pursuant to Code of Civ. Proc. § 36(f), trial must be scheduled on a date within 120 days of the hearing. The hearing on this motion is scheduled for December 19, 2025. Thus, trial must be scheduled on or before Monday, April 20, 2026. (Code Civ. Proc. §§ 12a,
24CV013798: RICCI vs MOHANNA, et al. 12/19/2025 Hearing on Motion for Trial Preference in Department 47
36(f).) Based on the stipulation of the parties, trial is set for March 17, 2026 at 8:30 a.m. in Department 47. A mandatory settlement conference is set for February 25, 2026 at 1:30 p.m. in Department 59.
This case has been assigned to Department 47 for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 47. Any party requesting an oral argument must contact the clerk at (916) 874-5487 and opposing counsel or parties in pro per by 12:00 p.m. on the court day before the hearing. If a proper request for hearing is not made, this shall become the order of the Court.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code section 68086 and California Rules of Court, rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list, Once the form is signed it must be filed with the clerk.
If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.