On March 23, 2022, the California Supreme Court denied review of the Court of Appeal's decision in Isaak et al. v. Superior Court of Contra Costa County. In Isaak, the Court of Appeal held that the provisions governing coordinated proceedings in California supersede California Code of Civil Procedure section 36, a statute that requires trials within 120 days in certain cases involving individuals over age 70. The opinion provides critical guidance to litigants involved in Judicial Council Coordinated Proceedings ("JCCPs"), marks the first time that an appellate court has found an exception to section 36's otherwise-mandatory requirements, and establishes a framework that the Supreme Court has now declined to revisit for potentially defining additional exceptions to section 36. Jones Day led the successful briefing and argument on the preference issue in Isaak.

The plaintiff alleged that he suffered from asbestos-related kidney cancer and pleural disease, and filed suit against numerous defendants in 2016. After having his case set for trial and then continued on four occasions due to lack of courtrooms, the plaintiff moved for trial preference under California Code of Civil Procedure section 36(a), which requires a trial court to schedule a trial within 120 days if the moving party is over 70-years-old, has a substantial interest in the case, and his or her health is such that preference is necessary to avoid prejudicing his or her interest in the litigation.The plaintiff’s motion was supported by a declaration from Richard A. Levy, M.D., a cardiologist and internist, that discussed the plaintiff’s conditions.