Excerpt: ...auses of action are alleged only against the Vessel Defendants. A. Motion for Summary Adjudication Although the caption of the notice of motion states “Defendant Foster Wheeler LLC's Notice of Motion for Summary Judgment, Or, In The Alternative, Summary Adjudication,” Defendant did not comply with the rules for making a motion for summary adjudication. For example, California Rules of Court rule 3.1350(b) requires the notice of motion to spec...

Excerpt: ...dings: (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 information and belief as to the m...

Excerpt: ...ument about which asbestos fibers caused the decedent's disease and whether causation occurred after her disease was underway. Pursuant to the July 8, 2022 CMO, motions about the substantial factor test and but for causation are deemed made and denied so long as the trial court intends to use CACI 435. Therefore, the motion is denied so long as the trial court intends to use CACI 435. Plaintiffs' MIL No. 4 This motion seeks to exclude improper st...

Excerpt: ...ion. The motion is granted except as to life expectancy and damages. The evidence may be relevant to those issues. The motion is granted in part and denied in part. Plaintiffs' MIL No. 2 Plaintiffs move to exclude derogatory comments against Plaintiffs' counsel. Pursuant to the July 8, 2022 CMO, this motion is deemed made and granted. Defendants did not show good cause to depart from this order. Therefore, the motion is granted. Defendants' MIL N...

Excerpt: ...t. The Court cannot conclude before the trial on a motion in limine that no evidence supports a particular point. The motion is denied without prejudice to a contemporaneous objection at trial. Plaintiffs' MIL No. 2 Plaintiffs seek to exclude reference to their residency status and the residency status of other witnesses. Pursuant to Evidence Code section 351.2, the motion is granted. However, witnesses may discuss Jose Diaz life on a farm near e...

Excerpt: ...At her deposition, Jolucvar could not recall ever purchasing any powder or makeup product from Ralphs. (UMF 6-12.) Plaintiffs filed a notice of non-opposition. Defendant satisfied its initial burden of showing Plaintiffs do not have evidence Ralphs sold or delivered to them any asbestos-containing product. Because Plaintiffs did not oppose, they failed to show any disputed issue for trial. Therefore, summary judgment is granted for Ralphs. The mo...

Excerpt: ...hat Fryer-Knowles Washington employees performed because by 1973, it was no longer doing business in California. Such California work was performed by Fryer Knowles, Inc. dba Fryer-Knowles, Inc. a California Corporation (“Fryer Knowles California”). A. Objections 1. Plaintiffs' Objections to Request for Judicial Notice The request for judicial notice is granted. The Court may take judicial notice of the legal effects of the documents. (Scott ...

Excerpt: ...f action for vicarious liability, sixth cause of action for premise liability, and seventh cause of action for loss of consortium. Plaintiff's Objection No. 1 is sustained. Defendant's Objection Nos. 1-18 are denied. A. First Cause of Action Defendant contends that the first cause of action alleges the defendants “manufacture, supply, market, distribute or otherwise place asbestos-containing products into the stream of commerce,” none of whic...

Excerpt: ...reet in Carson. On July 14, 2017, Plaintiff tripped over an unsafely parked pallet jack at the work site. Plaintiff alleges that Defendants did not carry workers' compensation insurance in violation of the Labor Code. Plaintiff sues Defendants for (1) direct employer negligence, (2) negligence, and (3) negligent hiring, training, and/or retention. This motion was originally scheduled to be heard on February 3, 2022 but was continued to allow the ...

Excerpt: ...dure sections 36 subdivision (a). 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...

Excerpt: ...eral territory, federal land, federal property, federal facilities and/or other federal enclave.” (Complaint, ¶ 14.) A motion for judgment on the pleadings is the functional equivalent to a general demurrer. (Lance Camper Mfg. Corp. v. Republic Indemnity Co. of Am. (1996) 44 Cal.App.4th 194, 198.) Like demurrers, motions for judgment on the pleadings challenge the legal sufficiency of the allegations, not their veracity. (Donabedian v. Mercury...

Excerpt: ...e first sentence. Denied as to the rest. Nos. 5, 6, 7-46, 48, 51: Denied. 2. Defendant's Objections to Moline Nos. 1-13, 15, 17-27, 29-62: Denied. Nos. 14, 16, 28: Granted. 3. Defendant's Objections to Longo Nos. 1-5, 7, 8, 9, 12, 13, 15, 16, 23, 25-28: Denied. Nos. 6, 11, 14, 17, 18, 19, 20, 21, 22, 24: Granted. 4. Defendant's Objections to Barley Nos. 1, 2, 3, 6, 7, 9, 10, 11, 13, 14, 16, 17, 24, 25, 26, 41, 43, 45, 46, 51-55: Granted. Nos. 4, ...

Excerpt: ...lties, Inc. filed a motion to quash service of summons on the ground that this court lacks personal jurisdiction over it. On July 6, 2022, Defendant The Stephan Co. filed a motion to quash for lack of personal jurisdiction. A 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, o...

Excerpt: ...tation 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).) In addition, the court in its discretion may grant a motion for preference supported by a showing that satisfies the court that the interests of justice will ...

Excerpt: ...n, Farshadnia alleged a cause of action for loss of consortium. On July 5, 2022, Defendant Honeywell International, Inc. (“Defendant”) filed a demurrer to the third, fourth, and fifth causes of action for false representation, intentional torts, and loss of consortium. A. Third Cause of Action – False Representation Defendant argues Plaintiffs did not adequately allege the third cause of action for false representation under section 402-B o...

Excerpt: ...eous objection at trial. Plaintiffs' MIL No. 2 Plaintiffs seek an order excluding the caption of the complaint and references to other defendants. The court cannot exclude references to defendants who will be part of the trial. If the motion seeks to exclude reference to defendants not involved in the trial, then pursuant to the July 8, 2022 CMO, the motion is deemed made and denied without prejudice to a contemporaneous objection at trial. Plain...

Excerpt: ...d not have followed warnings because he did not follow warnings about smoking. The motion is granted as to arguments that smoking evidence is relevant to the failure to warn claims. Defendants did not show that smoking cigarettes (which are highly addictive) is similar to working with asbestos-containing products (unlikely to be highly addictive), such that the evidence has any probative value regarding whether the decedent would have followed wa...

Excerpt: ...s. Pursuant to the July 8, 2022 CMO, a motion to preclude evidence of the bankruptcy of an alleged tortfeasor not present at trial is deemed made and granted. Defendants did not show good cause to depart from this order. Therefore, the motion is granted. Plaintiffs' MIL No. 3 Plaintiffs move to preclude any mention of the contents of the complaint and for the defendants no longer present and to revise the captions of documents to be shown to the ...

Excerpt: ...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., § 410.10.) “The ...

Excerpt: ... fourth cause of action for intentional tort because there is no evidence Defendant and Solis had any relationship giving rise to a duty to disclose facts, and the claim for punitive damages. A. Objections 1. Plaintiffs' Objections Nos. 1-3: Sustained. No. 4: Sustained. No. 5: Overruled 2. Defendant's Objections Nos. 1-8: Overruled. The objection to the request for judicial notice is overruled. The Court takes judicial notice of the OSHA regulati...

Excerpt: ...ert opinion showing that plaintiff cannot establish a claim against it” and that Plaintiffs do not possess and cannot reasonably obtain evidence to prove his causes of action. (Motion at p. 7.) 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. ...

Excerpt: ...)(A), a party seeking to having a document filed under seal needs to file a motion to seal within 10 days of the notice of lodging being served. No party filed a motion to seal. Therefore, pursuant to California Rule of Court 2.551(b)(3)(B), the lodged documents are to be filed in the public file. Because the documents were lodged on paper, Plaintiff is ordered to file electronically all documents lodged in opposition to the motion for summary ju...

Excerpt: ...tates Plaintiff have not produced additional photos. If Plaintiff has produced all responsive photos in her possession, custody, or control, she is to serve a verified, code-compliant response so stating within twenty days. For example, if she has no photos of Yeomans, she is to state in the response, pursuant to Code of Civil Procedure section 2031.230, that a diligent search and a reasonably inquiry has been made and specify why she is unable t...

Excerpt: ...t, or in the alternative, summary adjudication of the fourth cause of action for intentional tort, seventh cause of action for loss of consortium, and claim for punitive damages. (Motion at p. 4.) Plaintiffs state they dismissed the state law causes of action, including the fourth cause of action. (Opposition at p. 10.) Plaintiffs filed a request for dismissal of the first through sixth causes of action against Defendant on July 5, 2022, which wa...

Excerpt: ...nded and to contest Kondor's alleged liability and amount of damages alleged by Plaintiffs. The motion is unopposed. The request for judicial notice is granted as to Exhibits A and C. Exhibit B is missing from the filed version, but is irrelevant to the court's ruling. Under California law, an insurance carrier who is not a party to an action can intervene on behalf of its insured when the insurance carrier could be subject to a subsequent action...