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California law takes into account that a party to a lawsuit may be elderly and suffering from a serious illness. In that situation, the party may file a motion asking the court to grant a ?preference? with respect to trial-setting. A preference essentially permits the party to cut to the front of the line.
It is well known within the legal world that most cases settle before they ever get to trial. Generally, less than 3% of civil cases reach a trial verdict.
A request for trial setting constitutes a representation that the requesting party reasonably and in good faith expects to be ready for trial by the date requested, but no additional representation concerning the completion of pretrial proceedings or of current readiness for trial shall be required in order to obtain a ...
You will get a trial date when you have a hearing called a ?Trial Setting Conference?. The judge wants everyone who will be trying the case to be at the hearing. This means your lawyer, if you have one. If you don't, you have to go. The judge sets a trial date for sometime in the next 90 days.
There are three main grounds for granting preference: the moving party is at least 70 years old and in ill health (Code Civ. Proc., § 36(a)); the moving party in a personal injury or wrongful death matter is under the age of 14 (§ 36(b)); or the moving party is unlikely to survive beyond another six months (§ 36(d)).
California law takes into account that a party to a lawsuit may be elderly and suffering from a serious illness. In that situation, the party may file a motion asking the court to grant a ?preference? with respect to trial-setting. A preference essentially permits the party to cut to the front of the line.
Section 54.014 - Preferential Setting. If the municipality submits to the court a verified motion that includes facts that demonstrate that a delay will unreasonably endanger persons or property, the court shall give a preference to the action brought by the municipality when setting cases filed under this subchapter.