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Expedited Trial

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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CCP 36 allows a party over 70 years old to move for trial preference if his health makes preference required to avoid prejudicing his interest.  If preference is granted, trial must be held within 120 days.  Here, the plaintiff/petitioner filed a CCP 36 motion for preference and met the statute's criteria.  However, plaintiff's case was part of a coordinated group… Read More