Fox

Fox v. Superior Court of City & Cnty. of S.F.

Good Law
21 Cal. App. 5th 529·230 Cal. Rptr. 3d 493
Court of Appeal of CaliforniaMarch 20, 2018A153672California2,579 words

Opinion

lead Opinion

Streeter, J.

*531 I. INTRODUCTION

Petitioners Ardella and Robert Fox (the Foxes) seek a writ of mandate compelling the superior court to grant their motion for trial preference and set a trial date within 120 days of this court's issuance of writ relief. 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 , 180, 203 Cal.Rptr. 626 , 681 P.2d 893 ( Palma ). Only 1 of 18 defendants opposed the Foxes' petition. 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.

II. FACTUAL AND PROCEDURAL BACKGROUND

The Foxes filed this action in February 2017, claiming that Ms. Fox, age 81, sustained personal injuries as a result of her exposure to asbestos and asbestos-containing products many years ago, from approximately 1954 through 1963. They named 18 parties as defendants. Out of concern for Ms. Fox's declining health, the Foxes filed a motion for trial preference under *532 Code of Civil Procedure section 36, subdivision (a), 1 seeking preference on the trial calendar. *495 The basis…

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