Home Contents Accounting Age Preference Alimony Loading Books and Law Buzzwords Choices Deadbeats Discipline for Lawyers and Judges Dissomaster Disso Check Disso-Opoly Domestic Tax Law Domestic Violence Email Warnings Facts & Opinions Food Reviews Grandparents Hardships Hearings I.R.S. Form W-5 Military I Military II Military III Military Pay III 1/2 Moveaways Notice Summary Noticed Motion No Service Premarital Contract QDRO's Relief Motion Restraining Order Motions Stock Options Statements of Decision SOD Checklist Social Security Tax Forms of Value Tax Tips 2007 Tax Page Transmutation
The Professor Nedley Series
Age Preference In a Civil Action
December 1, 2009
When does age have a preference if a family law courtroom? The Professor's learning experience gives the answer,
In pressing a case for settlement once upon a time I announced with great assuredness, as only a judge can do, that their case had preference for trial since her husband was 75 and she was 70. She called me on it and asked why they had preference and why was I in a hurry. I gave the standard answer that it was because they were in their 70’s.
In actuality CCP§36 says that a party who is over age 70 may petition for preference which the court shall grant if it makes the following findings:
1. The party has a substantial interest in the action – OK
2. The health of the party is such that a preference is necessary to prevent prejudicing that party – A little tougher standard if you’ve got a healthy 70 year old.
This motion should be served at the time of the filing of the At-Issue memorandum or as soon as the person turns 70. This motion for preference may also be sought and granted on the basis of medical evidence showing a condition that raises substantial doubt about survival beyond six months.
So I apologized to the nice lady and then set her for trial in front of Judge Domnitz. So there!
Judge Nedley