Ellis v. Superior Court CA1/2
David Ellis, plaintiff in this personal injury asbestos action, petitions for a writ of mandate directing the trial court to vacate its August 2018 order denying his motion for trial preference under Code of Civil Procedure section 36, subdivision (a) (section 36(a)). Ellis contends the trial court abused its discretion when it ruled that he had not met his burden of proof under section 36(a). We agree. Ellis presented undisputed and convincing evidence that met this burden of proof. Therefore, the trial court had the mandatory duty to grant him trial preference. We shall issue a peremptory writ of mandate Ellis requests.
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