§ 36.Motion for preference; Time of trial; Continuance
Title 1. Organization and Jurisdiction · Chapter 1. Courts of Justice in General · Last amended 2009 · Last verified July 28, 2026
In one sentence§ 36 lets a party over 70, or a party under 14 in a wrongful death or personal injury case, or anyone with a serious medical condition, ask the court for an earlier trial date, with trial then required within 120 days of the order granting preference.
(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.
(b)A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.
(1)A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared.
(2)At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference.
(d)In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.
(e)Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.
(f)Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.
(g)Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted.
Plain-English Summary
Litigation moves slowly, and for some plaintiffs slow is not an option. § 36 gives certain parties a way to move to the front of the trial calendar, so a lawsuit does not outlast the person who filed it.
Two groups have a clear path to preference. A party over 70 may petition for it, and the court must grant the motion if it finds the party has a substantial interest in the case and that a preference is needed to protect that interest given the party’s health. A party under 14 pursuing a wrongful death or personal injury claim is entitled to preference on the same kind of motion unless the court finds the party lacks a substantial interest in the case as a whole; when both an older and a younger claimant qualify, the older claimant’s case comes first.
The court can also grant preference at its discretion to a party whose medical documentation raises substantial doubt about surviving another six months, or to any party when the interests of justice call for it. Once granted, the court must set trial within 120 days, and continuances beyond that window are limited to a party’s or attorney’s physical disability or a showing of good cause — capped at 15 days, and only one continuance per party for physical disability. A medical malpractice plaintiff who wins preference under the under-14 provision instead gets a trial date set between six and nine months out.
Frequently Asked Questions
Who qualifies for trial preference under § 36?
A party over 70 qualifies if the court finds a substantial interest in the case and a health-based need for an earlier trial; a party under 14 in a wrongful death or personal injury case qualifies unless the court finds no substantial interest in the case as a whole.
How soon must the trial happen after preference is granted?
The court must set trial within 120 days of granting the motion, and any continuance beyond that period is limited to a showing of physical disability or good cause, capped at 15 days and to one continuance per party for physical disability.
Can someone younger than 70 get trial preference for health reasons?
Yes — § 36 also lets the court grant preference, at its discretion, to any party whose medical documentation shows substantial doubt about surviving six months, or when the interests of justice otherwise call for an earlier trial.
What has to be filed to ask for trial preference?
Unless the court orders otherwise, a party files and serves a motion for preference supported by a declaration that all essential parties have been served with process or have appeared.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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