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Trial Preference for Seniors 70+ | Elder Financial Abuse

Trial Preference | Elder Financial Abuse.jpgImagine that you have been the target of elder financial abuse. Your lawyer tells you that getting your California civil case to trial may take 2-3 years. You ask whether your trial can be accelerated because of your age. Good question. California law helps here.

If you are 70 years of age or older, have a substantial interest in the case, and your health is such that a preference is necessary to prevent prejudicing your interest in the litigation your lawyer may seek a trial preference. If the motion is granted "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."[1]

An attorney's declaration attached to the motion may be "based upon information and belief as to the medical diagnosis and prognosis of any party."[2] Where the 70-year-old or older party meets the California standard for calendar preference, the court must grant the motion.[3]

Hackard Law often represents elders who have suffered from elder financial abuse. The ability to advance the trial date for a senior who suffers from health issues is beneficial and helps to prevent prejudice to the elder.

Hackard Law represents clients in estate, trust and elder financial abuse cases where we believe that we can make a significant difference and the party who participated in the wrongdoing can be made financially accountable for the wrongdoing.

I've written about this in my book The Wolf at the Door: Undue Influence and Elder Financial Abuse. If you would like a digital copy of the book email us at [email protected] . If you would like to speak with us about your case, call us at 916 313-3030.

Trial Preference for Seniors 70+ | Elder Financial Abuse from Hackard Law on Vimeo.

[1] Civ. Proc. Section 36(f).

[2] Civ. Proc. Section 36.5.

[3] Fox v. Superior Court (2018) 21 Cal.App.5th 529, 535.

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