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SWAITHES v. SUPERIOR COURT

Docket No. B042357.

212 Cal.App.3d 1082 (1989)

261 Cal. Rptr. 41

NANCY BONANNO SWAITHES et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HOWARD W. HUNTER et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Three.

August 2, 1989.

Attorney(s) appearing for the Case

COUNSEL

Manuel Hidalgo and Rolando Hidalgo for Petitioners.

No appearance for Respondent.

Bodkin, McCarthy, Sargent & Smith, Henry G. Bodkin, Jr., David J. Theodosopoulos and Thomas W. Falvey for Real Parties in Interest.

OPINION

KLEIN, P.J.

By means of petition for writ of mandate, petitioners, 6 contestants in a will contest, are seeking an early trial setting under the provisions of Code of Civil Procedure section 36, subdivisions (a) and (e)1 which provide for trial within 120 days after the granting of a motion for trial preference by any party who has reached the age of 70 years.

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