Gaining Trial Preference in California Courts

Serving clients in Southern California, attorney Mark Ziebold leads a practice that spans areas such as estate planning, asset protection, and corporate law. Another area in which Mark Ziebold focuses is probate law, which centers on authenticating will and testament, paying taxes and final bills, and ensuring proper distribution of assets to beneficiaries.

As highlighted in a December 2020 JD Supra article, taking probate and civil cases to trial in California courts can be a lengthy process, with many courts backed up due to pandemic-related postponements. What this means is that such cases that are fact-intensive often require more than a year to reach a trial setting. This encompasses stages such as obtaining and exchanging information, evaluating settlement and mediation pathways, and securing a date on already backlogged court calendars.

For parties wanting to expedite the process, the Code of Civil Procedure does offer some pathways for seeking trial preference. One available route is for those over age 70 to file a petition for preference. This may be granted both for health reasons and for those related to the petitioning party’s substantial interests in the legal action at hand. In situations where one of the parties, of any age, provides clear documentation of a life threatening injury or condition, such a preference may also be granted.

More broadly, courts have discretion over trial setting preference in any situation where such preference serves the interests of justice. In cases where preference is granted, the trial date will be set within 120 days, with restrictions placed on continuances.

Originally published at http://markziebold.wordpress.com on January 5, 2021.