[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION FOR PREFERENTIAL TRIAL SETTING; MOTION GRANTED

On November 16, 2017, Plaintiffs Rose Glass (“Plaintiff”) and Lillian Glass (collectively, “Plaintiffs”) filed this action against Defendant American Airlines, Inc. (“Defendant”) for assault and battery relating to a December 15, 2016 incident wherein Plaintiff, boarding an American Airlines plane, was lifted out of her wheelchair without permission and dropped. Trial in this matter is currently set for May 16, 2019. Plaintiffs move for preferential trial setting based on Plaintiff’s age and health condition.

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 of Civ. Proc., § 36, subd. (a).)