Peters

Petitioner seeks a writ of mandate ordering the trial court to grant him trial setting preference pursuant to Code of Civil Procedure section 36, subdivisions (b) and (f). 1 We grant the writ.

Procedural and Factual Background

Michael Jonathan Peters, petitioner, was born on June 14, 1987, at Harbor UCLA Medical Center. He suffered severe neurological birth injuries.

*222 On September 21, 1987, his mother was appointed guardian ad litem and on that same day she filed a personal injury complaint on his behalf 2 against Los Angeles County (Harbor UCLA Medical Center) et al. alleging medical malpractice.

An at-issue memorandum was filed March 25, 1988, and on February 17, 1989, petitioner 3 filed a motion for trial setting preference pursuant to section 36, subdivisions (b) and (f).

On March 30, 1989, Los Angeles Superior Court Judge Kenneth W. Gale heard and denied the motion.

A petition for writ of mandate was filed April 13, 1989.

On April 18, 1989, this court stayed proceedings and issued an order to show cause why the March 30, 1989, order should not be vacated and the superior court ordered to grant petitioner trial setting preference pursuant to section 36,…