ERNIE GOLDBERGER, Plaintiff, v. INTERNATIONAL CHURCH OF FOURSQUARE GOSPEL, et al., Defendants.
Case No.: BC623010

Hearing Date: September 22, 2016

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

Plaintiff’s motion for preference is denied without prejudice. To make the findings required by CCP § 36(a), evidence must be provided with the motion for preference establishing Plaintiff’s age and the relevant conditions of her health warranting a preference. Pursuant to CCP § 36.5, an attorney affidavit offered in support of a motion for preference may be based on information and belief as to the medical diagnosis and prognosis of a party.
Plaintiff has provided sufficient testimony regarding his age; however, the declaration of Plaintiff’s Counsel does not sufficiently state how Plaintiff’s health is such that a preference is necessary. Plaintiff’s Counsel states that “it appears that [his] client’s physical and me........