Courts Of Justice In General - Organization And Jurisdiction - Civil Procedure - CA

Section § 35

This law states that court cases about voting registration, candidate certification, ballot measures, election contests, and specific parts of the Elections Code should be prioritized based on when they are filed. These cases will be given precedence on the court calendar. This law is set to expire on January 1, 2027, unless a new law extends it or removes the expiration.

(a) Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the certification or denial of certification of ballot measures, election contests, actions under Section 20010 or 20012 of the Elections Code, actions under Chapter 7 (commencing with Section 20510) of Division 20 of the Elections Code, and actions under Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code shall be placed on the calendar in the order of their date of filing and shall be given precedence.

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.

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Section § 35

This law states that from January 1, 2027, certain legal proceedings related to voting and elections—such as registering voters, certifying candidates, and dealing with election contests—must be prioritized on the court calendar based on when they are filed. This means they will be given precedence over other cases.

(a) Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the certification or denial of certification of ballot measures, election contests, actions under Section 20012 of the Elections Code, actions under Chapter 7 (commencing with Section 20510) of Division 20 of the Elections Code, and actions under Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code shall be placed on the calendar in the order of their date of filing and shall be given precedence.

(b) This section shall become operative January 1, 2027.

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Section § 36

This law explains how certain civil cases can be prioritized for trial. If someone is over 70 and has a key interest in a case, they can ask for the trial to happen sooner if their health might affect their ability to participate. Similarly, a young person under 14 involved in a personal injury or wrongful death case can get their trial moved up unless there's a reason why not. A person can also request preference if they have a serious illness possibly leading to death within six months. For both situations, if the court agrees, the trial should happen within 120 days, with limited chances for delays. Cases involving a health provider's professional negligence have a slightly different timeline.

(a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings:

(1) The party has a substantial interest in the action as a whole.

(2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.

(b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.

(1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared.

(2) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference.

(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.

(e) Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.

(f) Upon the granting of such a motion for preference, 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. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.

(g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted.

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Section § 36.5

This law section allows a lawyer to submit a sworn statement, known as an affidavit, for a request to speed up a court case, based on the lawyer's information and belief about a party's medical condition and future health outlook. However, this affidavit can only be used for the purpose of making that specific request to expedite the case, and not for any other matter in court.

An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any party. The affidavit is not admissible for any purpose other than a motion for preference under subdivision (a) of Section 36.

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Section § 37

If someone is suing for damages because of an injury or loss caused by a crime committed by someone who has already been convicted, their case can be fast-tracked in court. The court should aim to start this trial within 120 days after agreeing to move it up on the schedule.

(a) A civil action shall be entitled to preference, if the action is one in which the plaintiff is seeking damages which were alleged to have been caused by the defendant during the commission of a felony offense for which the defendant has been criminally convicted.

(b) The court shall endeavor to try the action within 120 days of the grant of preference.

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Section § 38

This section defines what the term 'judicial district' means in California laws. If a law mentions a 'judicial district,' it generally means the area covered by a court of appeal or, if talking about a superior court, the entire county.

Unless the provision or context otherwise requires, a reference in a statute to a judicial district means:

(a) As it relates to a court of appeal, the court of appeal district.

(b) As it relates to a superior court, the county.

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