[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION FOR TRIAL PREFERENCE

On September 23, 2019, plaintiff Shaoul Moshi (“Plaintiff”) and his wife filed this action against defendants Robert Enrique Benavides (“Benavides”), Rasier LLC, Rasier-CA, LLC, Uber Technologies, Inc., and Uber USA, LLC (collectively, “Defendants”) for injuries arising from a motor vehicle collision when Benavides was driving for Uber. Plaintiff moves for trial preference.

A party who is over 70 years old may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upo