Pabla v. Super. Ct.
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On December 29, 2022, Petitioner filed a petition for writ of mandate challenging a November 7, 2022, order of the superior court granting Petitioner’s request for trial setting preference under Code of Civil Procedure section 36,1 but declining to set trial within 120 days.
The Fifth Appellate District held that Petitioner's "entitlement to relief is obvious“ and ordered the Merced County Superior Court to set a trial date not more than 120 days after November 7, 2022. The court explained that a consistent line of precedent exists and superior courts have “no discretion to avoid the command of section 36[] in the interest of efficient management of the court’s docket as a whole.”
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