Under CCP 36(a), a person who is over 70 and who proves that he or she has a substantial interest in the case, and that his or her health is such that preference is needed to avoid prejudicing his or her interest in the litigation, is entitled to have trial of the case set within 120 days after the motion for a preferential trial setting under that section is granted. The statute means what it says. The court may not set trial beyond the 120 day limit even if giving the trial preference interferes with te court’s case management or heavy docket. Here, the trial court abused its discretion in setting the trial a year after granting the motion.