Calif. Appellate Court Reverses Order Denying Trial Preference to Asbestos Plaintiffs

SAN FRANCISCO –– A California appellate court has ordered a trial court to vacate its order denying trial preference in an asbestos case, saying the plaintiffs had submitted enough evidence to establish that they were entitled to a trial within 120 days.

In the Nov. 26 order, the California First District Court of Appeal opined that while the plaintiff has had no recent progression of symptoms tied to his asbestos-related illness, his treating physician has still stated that he is not expected to live beyond six months.

As such, the appellate court ordered the trial court to vacate its order …