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2023.02.14 Motions in Limine 334
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.02.14
Excerpt: ...n of fault under Proposition 51. A motion to exclude evidence about the liability of tortfeasors not present at trial is deemed made and denied. Therefore the motion is granted and and denied in part in accordance with the July 8, 2022 CMO. Plaintiffs' MIL No. 2 Plaintiffs seek to exclude evidence concerning the sophisticated user defense because it does not apply in this case and there is no evidence supporting the defense. This motion is too va...
2023.02.14 Motions in Limine 055
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.02.14
Excerpt: ... that order. The motion is denied without prejudice to objections at trial. Plaintiff's MIL No. 2 Plaintiff seeks to preclude Defendants and defense counsel from having any contact with prospective jurors. This is impossible. Defense counsel have to have contact with prospective jurors – how else are they supposed to participate in voir dire and the trial if they cannot ask prospective jurors questions and speak to the jury? As for contact outs...
2023.02.14 Motion for Summary Judgment, Adjudication, to Bifurcate or Sever 841
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.02.14
Excerpt: .... . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) “The d...
2023.02.10 Motions for Summary Judgment 911
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.02.10
Excerpt: ...echtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) “The defendant may, but need not, present evidence that conclusively negates an element of the plaintiff's cause of action. The def...
2023.02.09 Motion for Summary Judgment 911
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.02.09
Excerpt: ...ining to the Regulation of Asbestos, dated April 1979; (3) 38 FR 8820-01, Apr. 6, 1973; (4) 39 FR 38064-01, Oct. 25, 1974; (5) 40 C.F.R. Pt. 61; 40 FR 48292, Oct. 14, 1975; (6) EPA Asbestos Materials Bans: Clarification § II.B; and (7) Defendant JM Manufacturing Company, Inc.'s Responses to Standard Interrogatories. Plaintiff did not object. The court takes judicial notice of the documents in accordance with Evidence Code section 452, subds. (b)...
2023.02.09 Motion for Summary Adjudication 825
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.02.09
Excerpt: ...very. After those continuances, Plaintiff did not file a substantive opposition. A defendant seeking summary judgment must “conclusively negate[] a necessary element of the plaintiff's case, or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defe...
2023.02.08 Motion for Summary Judgment 240
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.02.08
Excerpt: ...ition. A defendant seeking summary judgment must “conclusively negate[] a necessary element of the plaintiff's case, or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess...
2023.02.06 Motion for Summary Judgment 569
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.02.06
Excerpt: ...sue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) “The defendant may, but need not, present evidence that conclusively ne...
2023.02.03 Motion for Summary Judgment 569
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.02.03
Excerpt: ...fendant seeking summary judgment must “conclusively negate[] a necessary element of the plaintiff's case, or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and canno...
2023.02.02 Motion to Quash 682
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.02.02
Excerpt: ... defendant may move to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (Code Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this s...
2023.02.02 Motion to Continue Trial, to Compel Production of Docs 649
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.02.02
Excerpt: ...not enough time before trial to obtain the documents from the VBA. Defendant argues the documents are relevant because they will reveal whether Plaintiff was exposed to asbestos while serving in the Navy. Defendant contends that the prior authorization form that Plaintiffs signed was a Veteran's Administration (“VA”) form, not a VBA form, and that the VBA form seeks information different from the information sought in the VA form. Plaintiffs ...
2023.01.30 Motions in Limine 841
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.30
Excerpt: ...art without prejudice to objections at trial. Plaintiffs' MIL No. 18 No motion was filed. Plaintiffs' MIL No. 19 Plaintiffs move to exclude evidence that Marni Regan filed for a restraining order against her husband before they were married as irrelevant and prejudicial. Plaintiffs state they were married in 2018, the request for a restraining order was in 2017, and therefore the request is irrelevant to the state of their marriage. Defendant con...
2023.01.27 Motion for Summary Judgment 250
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.27
Excerpt: ...lky grayish- white fibrous material” contradicts his deposition testimony in violation of D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1. In the deposition, Plaintiff stated the insulation looked like grayish-white material. That does not contradict the declaration's statement that the material was chalky grayish-white and fibrous. The objection is overruled. Defendant's Objections to Renken Declaration No. 1: Overruled. Nos. 2-21: Th...
2023.01.26 Motion for Summary Judgment 173
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.26
Excerpt: ... . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) “Th...
2023.01.23 Motions in Limine 582
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.23
Excerpt: ... on chrysotile asbestos or the reasons why the foreign governments banned it. Allowing that evidence will consume an undue amount of trial time exploring the bases for and legislative history of the foreign bans. The evidence would have little probative value because foreign bans did not apply to workplaces in the United States and would be confusing to the jury. The motion to exclude evidence about US federal and state regulations is too vague. ...
2023.01.23 Motions in Limine 569
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.23
Excerpt: ...ernment regulations as irrelevant, confusing, and requiring an undue amount of time. An expert may be able to show that government regulations about permissible exposure limits are the type of information experts in the field rely upon. In that case, Plaintiffs can cross-examine the expert about whether the regulations are applicable to the exposures alleged in this case. The issues raised by Plaintiffs, such as regulations applying to the workpl...
2023.01.23 Motion for Summary Judgment 344
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.23
Excerpt: ...r one or more issues of duty, if that party contents that the cause of action has no merit or that there is no affirmative defense thereto, . . . or that there is no merit to a claim for damages. . . A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Code Civ. Proc., § 437c, subd. (f)(1).) A defendant seeking summary judgmen...
2023.01.20 Motion for Summary Judgment 649
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.20
Excerpt: ..., or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) �...
2023.01.19 Motions to Quash 762
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.19
Excerpt: ...ce of summons on the ground of lack of jurisdiction of the court over him or her. (Code Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (...
2023.01.18 Motions to Quash 762
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.18
Excerpt: ...iction of the court over him or her. (Code Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) “The Due Proce...
2023.01.18 Motion for Preference 009
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.18
Excerpt: ...U.S. 460, attached as Exhibit G to the Declaration of Bartek R. Rejch. Plaintiffs did not object. Therefore, the Court takes judicial notice of the document in accordance with Evidence Code section 452, subdivision (e). The court has discretion to grant a motion for trial preference accompanied by clear and convincing medical documentation concluding that one of the parties suffers from an illness or condition raising substantial medical doubt of...
2023.01.17 Motions in Limine 250
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.17
Excerpt: ...ue regarding whether the decedent would have followed warnings about products containing asbestos. The motion is otherwise denied as the evidence may be relevant Plaintiff's life expectancy. The motion is granted in part and denied in part without prejudice to objections at trial. Defendants' MIL Nos. 1-3 No motions were filed. Defendants' MIL No. 4 Defendant NL Industries moves to exclude non-expert opinion about asbestos content. Pursuant to th...
2023.01.17 Motions in Limine 227
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.17
Excerpt: ...ntiffs move to exclude Supreme Court rulings on OSHA standards, including 448 U.S. 607 which was about benzene, as more prejudicial than probative. While benzene is not at issue in this case, this motion is too vague with regard to other rulings. For example, a ruling about OSHA standards for asbestos exposure could be relevant to notice or knowledge. The motion is denied without prejudice to objections at trial. Plaintiffs' MIL No. 14 No motion ...
2023.01.13 Motion to Dismiss 985
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.13
Excerpt: ...issal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) “The Due Process Clause protects an individual's liberty interest in not being subject to the binding judgments of a forum with which he has established no meaningful ‘contacts, ties, or rela...
2023.01.13 Motion for Summary Adjudication 372
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.13
Excerpt: ...ng summary judgment must “conclusively negate[] a necessary element of the plaintiff's case, or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and cannot reasonably ...
2023.01.12 Motion to Preference 368
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.12
Excerpt: ...s 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 upon informa...
2023.01.12 Motion for Summary Adjudication 825
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.12
Excerpt: ...e, or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) ...
2023.01.11 Motions to Quash 540
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.11
Excerpt: ...ction of the court over him or her. (Code Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) “The Due Proces...
2023.01.11 Motions to Quash 240
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.11
Excerpt: ...ffs amended their complaint to substitute Master Industries Worldwide, LLC as successor-in-interest to Master Industries, Inc., and Storm Products, Inc. for DOE 13 and DOE 12, respectively. Defendants Master Industries Worldwide, LLC and Storm Products, Inc. (“Defendants”) filed motions to quash service of summons on them for lack of personal jurisdiction. DISCUSSION A defendant may move to quash service of summons on the ground of lack of ju...
2023.01.10 Motion for Preference 273
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.10
Excerpt: ... 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 bas...
2023.01.09 Motions in Limine 344
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.09
Excerpt: ...' motion goes beyond section 437c, subdivision (l) by seeking to eliminate all reference to those defendants' products. There could be evidence that refers to or mentions other the defendants' products and is relevant to the remaining defendants' case (and not for attributing fault to or commenting on the defendants no longer in the case). Without knowing the specific evidence to be excluded, the court cannot determine that it is inadmissible. Th...
2023.01.09 Motions in Limine 294
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.09
Excerpt: ...at time. Plaintiffs also argue the documents are hearsay, and Defendants cannot establish they are business records. If at trial Defendants fail to establish they are business records or that they are being offered for a non-hearsay purpose, Plaintiffs can object to their admission at that time. Finally, Plaintiffs argue the documents are prejudicial and confusing because Defendant failed to produce the documents earlier and because Defendants wi...
2023.01.06 Motion for Summary Judgment 099
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.06
Excerpt: ...negate[] a necessary element of the plaintiff's case, or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence.” (Aguilar v. A...
2023.01.05 Motions to Quash 760
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.05
Excerpt: ...(a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) “The Due Process Clause protects an individual's liberty interest in not being subject...
2023.01.05 Motions to Quash 435
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2023.01.05
Excerpt: ...iv. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) “The Due Process Clause protects an individual's liberty i...
2022.12.30 Motions to Compel Further Responses 372
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.30
Excerpt: ... agents of Defendant. Defendant objects the request is overbroad and burdensome, that only the parent of The Scotts Company (not a party in this case) files annual reports, the predecessor to the parent company become a public entity in 1992 and did not start filing annual reports until that time, and there is no central repository for annual reports. The motion is denied. If this request seeks annual reports from Defendant, Defendant showed that...
2022.12.30 Motion for Preference 219
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.30
Excerpt: ... warn/concealment; and (5) premises owner/contractor liability. On November 14, 2022, Plaintiff filed this motion for trial preference under Code of Civil Procedure sections 36, subdivision (d) and subdivision (e). On November 16, 2022, Plaintiff filed the amended motion. The court has discretion to grant a motion for trial preference accompanied by clear and convincing medical documentation concluding that one of the parties suffers from an illn...
2022.12.23 Motion for Summary Judgment 344
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.23
Excerpt: ...he decedent to asbestos, and Plaintiffs responded in a conclusory manner without citing any specific evidence. (Undisputed Material Facts (“UMF”) 6, 7; Ex. C at pp. 4-5.) The only product identification witness testified he has no knowledge of Defendant or its related companies and no knowledge whether the decedent ever worked around Defendant's products. (UMF 10, 11, 12; Ex. G at pp. 365-367.) This evidence was sufficient to shift the burden...
2022.12.23 Motion for Summary Judgment 372
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.23
Excerpt: ..., cannot prove their fraud and conspiracy causes of action, and have no evidence supporting punitive damages. A. Objections Plaintiffs' Objections Plaintiffs did not consecutively number their objections. The court rules on them in the order they were presented: Nos. 1, 2, 3, 4: Overruled. See below. Nos. 1, 2, 3, 4, 1, 2, 3, 4, 5, 6, 7, 8, 9. The court did not rely on this evidence. Defendant's Objections No. 1: Sustained. Nos. 2, 3: Overruled. ...
2022.12.22 Motion for Preference 385
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.22
Excerpt: ...panied by clear and convincing medical documentation concluding that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months and satisfying the court that the interests of justice will be served by granting the preference. (Code Civ. Proc., § 36, subd. (d).) “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120...
2022.12.21 Motion to Quash 540
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.21
Excerpt: ...ode Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) “The Due Process Clause protects an individual's libe...
2022.12.21 Motion for Summary Judgment 372
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.21
Excerpt: ... On October 5, 2022, Defendant filed this motion for summary judgment on the grounds that Plaintiffs cannot prove Defendant supplied any asbestos-containing products to which Decedent was exposed. EVIDENTIARY OBJECTIONS Plaintiffs filed Evidentiary Objections to the Declaration of Todd M. Thacker proffered by Defendant, which the court rules on below: Nos. 1, 2: Sustained. No. 3: Overruled. DISCUSSION A defendant seeking summary judgment must “...
2022.12.20 Motion for Summary Judgment, Adjudication 475
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.20
Excerpt: ...ia Leon Solis and Leon Solis Jr. who worked with asbestos-containing products supplied by Defendant to the Solis family business, Solis Transport. (Complaint, ¶ 11; Opposition p. 2.) On September 29, 2022, Defendant filed this motion for summary judgment on the grounds that Plaintiffs cannot prove Defendant supplied asbestos-containing products to Solis Transport. Defendant also seeks summary adjudication of the third and fourth causes of action...
2022.12.14 Demurrer 136
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.14
Excerpt: ...he ground that Plaintiffs' claims are preempted by the workers' compensation exclusivity remedy rule. Defendant failed to file a meet and confer declaration as required by Code of Civil Procedure section 430.41, subd. (a)(2). Failure to file the required declaration in the future may result in the motion being placed off calendar. Defendant filed a request for judicial notice. Because the court did not rely on any of those documents, it does not ...
2022.12.13 Motions to Quash 540
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.13
Excerpt: ...e ground of lack of jurisdiction of the court over him or her. (Code Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., §...
2022.12.09 Motion for Preference 856
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.09
Excerpt: ... medical documentation concluding that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months and satisfying the court that the interests of justice will be served by granting the preference. (Code Civ. Proc., § 36, subd. (d).) “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there...
2022.12.08 Demurrers, Motions to Strike 540
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.08
Excerpt: ...ortium. Defendants American Honda Motor Co., Inc. and Toyota Motor Sales, U.S.A., Inc. (collectively, “Defendants”) each filed a demurrer to the fourth and fifth causes of action for false representation and intentional torts. Each also filed a motion to strike the request for punitive damages. Because the two demurrers and motions to strike are almost identical, the court's analysis and rulings below apply equally to Honda and Toyota. As an ...
2022.12.07 Motions to Quash 540
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.07
Excerpt: ...he ground of lack of jurisdiction of the court over him or her. (Code Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., �...
2022.12.06 Motion for Summary Judgment, Adjudication 682
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.06
Excerpt: ...eck cannot prove she obtained any asbestos-containing product from Defendant. A defendant seeking summary judgment must “conclusively negate[] a necessary element of the plaintiff's case, or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defenda...
2022.12.05 Motions in Limine 874
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2022.12.05
Excerpt: ...position if Defendants want it. According to the correspondence, one of the defendants sent a letter stating they would depose Brody at least three business days before his trial testimony. Trial is not until December 12, 2022. Therefore, there is still time to take the deposition according to Defendants' proposed schedule. The parties should have been able to resolve this by having a phone call to set the deposition date. Indeed, Defendants fail...

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