What is the limitation of calendar preference on appeal due to medical reasons?

California, United States of America


The following excerpt is from Dana Commercial Credit Corp. v. Ferns & Ferns, 108 Cal.Rptr.2d 278, 90 Cal.App.4th 142 (Cal. App. 2001):

A similar issue was presented in Warren v. Schecter (1997) 57 Cal.App.4th 1189, 1198, wherein the respondent sought calendar preference on appeal due to her medical condition. We noted the circumstances fit most closely within section 36, dealing with trial setting preference, which provides, inter alia, for preference where a party suffers from an illness or condition raising substantial medical doubt of survival beyond six months. ( 36, subd. (d); Warren v. Schecter, supra, at p. 1199.) However, section 36 does not speak to calendar preference on appeal, only to trial setting preference. (Warren v. Schecter, supra, at p. 1199.)

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