Sellers

INTRODUCTION

Petitioner and plaintiff Henry Sellers, through his guardian ad litem, Sonja Sellers,

seeks a writ of mandate compelling the superior court to grant his motion for trial preference

and to set a trial date within 120 days. We requested opposition to the petition and advised

the parties we may grant a peremptory writ under Palma v. U.S. Industrial Fasteners, Inc.

(1984) 36 Cal.3d 171, 178. Only one party, KPC Global Medical Centers, Inc. (KPC

Global) filed an opposition. Having reviewed the petition, opposition, and supporting

documentation, we shall grant the writ and direct the superior court to schedule a trial within

120 days.

FACTUAL AND PROCEDURAL HISTORY

Petitioner is an 85-year-old man who suffers from Parkinson’s disease, coronary

artery disease, hypertension, anemia, and memory loss. He filed a lawsuit through his

guardian ad litem alleging negligence, elder abuse and neglect, and other causes of action

against defendants and real parties in interest.

During the course of the proceedings, petitioner filed a motion for trial preference

under Code of Civil Procedure section 36, subdivision (a), which allows a party to a civil

action who is over…