Case Number: BC540471    Hearing Date: July 23, 2014    Dept: 92
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

PARVIZ SHAHIDI REZVANI,
Plaintiff(s),
vs.

T.R.E. ELEVATOR CORP., et al.,

Defendant(s).

CASE NO: BC540471

[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION FOR TRIAL SETTING PREFERENCE

Dept. 92
1:30 p.m.
July 23, 2014

Plaintiff, Parviz Shahidi Rezvani’s Motion for Trial Setting Preference is Granted.

Plaintiff, Parviz Shahidi Rezvani filed this action against Defendants, T.R.E. Elevator Corp. and Thomas Crews for damages arising out of an automobile v. pedestrian accident. At this time, Plaintiff moves for trial setting preference per CCP §36(a).

CCP §36(a) provides:
(a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings:

(1) The party has a substantial interest in the action as a whole.

(2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.

Plaintiff establishes that he is 79 years of age. See Exhibit 1 to moving papers. Plaintiff obviously has a substantial interest in the litigation, as he is the sole plaintiff in the case. Plaintiff provides the Declaration of Counsel, David Yadidi, in support of his contention that his health is such that preference is necessary in order to avoid prejudice in this action. Yadidi declares that Plaintiff was rendered disabled as a result of the accident with Defendant, which occurred on 12/13/12. Yadidi also declares Plaintiff has high cholesterol. Yadidi contends that Plaintiff’s old age, coupled with his high cholesterol and sedentary lifestyle (as a result of the accident) supports a finding that he is not likely to live to the trial date if the case is not set on preference.

Notably, Defendants were properly served with the moving papers, and any opposition to the motion was due on or before 7/10/14. As of 7/17/14, the Court has not received any opposition to the motion. In light of the lack of opposition, the Court is inclined to grant the motion. The 9/25/15 trial date is advanced to today’s date and continued to Friday, 11/21/14 at 8:30 a.m. in D-92. The 9/08/15 final status conference date is advanced to today’s date and continued to Tuesday, 11/04/14 at 10:00 a.m. in D-92.

Dated this 23rd day of July, 2014

Hon. Elia Weinbach
Judge of the Superior Court