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MILLER v. SUPERIOR COURT

Docket No. A048680.

221 Cal.App.3d 1200 (1990)

270 Cal. Rptr. 766

DANIEL C. MILLER, Petitioner, v. THE SUPERIOR COURT OF CONTRA COSTA COUNTY, Respondent; SIMPSON, FAIR & RINALDO, Real Party in Interest.

Court of Appeals of California, First District, Division Two.

June 29, 1990.

Attorney(s) appearing for the Case

COUNSEL

Burton McGovern, Mark D. Greenberg and Daniel C. Miller for Petitioner.

Victor J. Westman, County Counsel, and Edward Lane, Jr., Deputy County Counsel, for Respondent.

John K. Van de Kamp, Attorney General, and Richard C. Jacobs, Assistant Attorney General, as Amicis Curiae on behalf of Respondent.

Murphy, Pearson, Bradley & Feeney, Michael P. Bradley and Kevin M. Sullivan for Real Party in Interest.

OPINION

PETERSON, J.

Petitioner is a litigant who has been granted a trial preference under Code of Civil Procedure section 36, subdivision (a) (section 36(a)) because he is over 70 years of age. Despite that preference, the trial court has repeatedly been unable to send the case involving appellant to trial due to the unavailability of a courtroom. It appears that, realistically, his case may never actually receive any benefit from...

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