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24CV451704·santaclara·Civil·Civil
Hearing in about 3 hoursCONTINUED

Teresa Bucciarelli et al. v. Alem Imru et al.

Motion for trial preference

Hearing date
Aug 20, 2026
Department
10
Prevailing
N/A
Next hearing
Sep 22, 2026

Motion type

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Parties

PlaintiffTeresa Bucciarelli
DefendantAlem Teshome Imru
DefendantApple Inc.

Ruling

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113

DATE: August 20, 2026 TIME: 9:00 A.M. To contest the ruling, call (408) 808-6856 before 4:00 P.M. Make sure to let the other side know before 4:00 P.M. that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)

**Please specify the issue to be contested when calling the Court and counsel**

9:00 A.M. LINE # CASE # CASE TITLE RULING Line 1 24CV451704 Teresa Bucciarelli et al. v. Click LINE 1 or scroll down for ruling. Alem Imru et al. Line 2 24CV453289 American Express National Click LINE 2 or scroll down for ruling. Bank v. Olga Buchonina Line 3 25CV471047 Hang Sheng et al. v. Defendants Prometheus Real Estate Group, Inc. and Preg San Prometheus Real Estate Antonio Apartments, LP’s motion to compel further responses to Group, Inc. et al. (1) form and special interrogatories, set one, against plaintiff Hang Sheng; and (2) special interrogatories, set one, against plaintiff Chao Xu.

Notice is proper and the motion is opposed by plaintiffs. Defendants’ meet and confer declaration regarding e-mail messages sent to plaintiffs does not comply with the current version of Code of Civil Procedure section 2016.040, subdivision (a), which requires “facts showing a reasonable and good faith attempt, either in person, by telephone, or by videoconference, to informally resolve each issue presented by the motion.” (Italics added.) Defendants’ motion also lacks the separate statement required for a motion to compel further responses to interrogatories. (Cal.

Rules of Court, rule 3.1345(a)(2).) The court declines defendants’ request to overlook those deficiencies. The motion to compel is denied. The court will prepare the order. Line 4 25CV473914 Gyorgy Sofalvi v. Ford Click LINE 4 or scroll down for ruling. Motor Company, a Delaware corporation et al.

Calendar Line 1 Case Name: 24CV451704 Case No.: Teresa Bucciarelli et al. v. Alem Imru et al.

Plaintiff Teresa Bucciarelli’s motion for trial preference. Notice is proper and the motion is opposed by defendants Apple Inc. and Alem Teshome Imru.

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, the “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).)

Plaintiff meets the age and substantial interest elements. The motion lists a number of health conditions that might support trial preference. But defendants cite portions of plaintiff’s deposition testimony that appear to be inconsistent with some of the medical conditions identified in the motion. The court needs more information to decide the motion. Plaintiff is ordered to file and serve a supplement to the motion with competent evidence (e.g., a declaration by plaintiff based on her personal knowledge and/or medical records) no later than August 28, 2026. Defendants may file and serve a response to that evidence no later than September 8, 2026. The supplement and response arguments shall be no more than three pages each. The court will then take the matter under submission.

The trial setting conference currently scheduled for August 25, 2026, is continued to September 22, 2026, at 11:00 a.m. in Department 10, to allow the court to review the supplemental information. The court will prepare the order.

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