Vinokur

Petitioner Rifka Vinokur, the 75-year-old plaintiff in a personal injury action against real parties, prays for a writ of mandate compelling the respondent superior court to grant her motion for trial preference made pursuant to section 36 of the Code of Civil Procedure. Our task is to resolve a conflict between the substantive right to a preferential trial date afforded by section 36, and the provisions for compulsory arbitration contained in section 1141.11. We have notified the parties we may elect to issue a peremptory writ in the first instance (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171 [ 203 Cal.Rptr. 626 , 681 P.2d 893 ]), and have afforded the real parties and the respondent an opportunity to oppose the petition. Real parties have advised the court they will not oppose the petition. We have read and considered the opposition to the petition filed by the respondent. As will appear, we have concluded petitioner is entitled to relief, and this is a proper case for the issuance of a peremptory writ in the first instance. (§ 1088.)

Facts

The facts essential to a determination of the issue presented are few and undisputed. Petitioner moved for…