Excerpt: ... and corporations: The trial court determines the scope of voir dire and will give the attorneys the rules for that trial court. If any attorney asks inappropriate questions during voir dire, the other side should object at that time. A motion in limine is not the proper place to define the questions that can and cannot be asked in voir dire. Denied without prejudice to objections at trial. (b) Sympathy: Plaintiffs cite no law prohibiting a defen...

Excerpt: ...4 are sustained. II. Request for Judicial Notice Defendant requests judicial notice of five superior court decisions in other cases, suggesting that because other superior courts in other cases granted Defendant's motions to quash in those cases, this court too should grant this motion to quash. This argument has no merit. Superior court decisions have no precedential value. The request for judicial notice is denied. III. Motion to Quash A defend...

Excerpt: ...re 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 defendant may, but need not, present evidence that...

Excerpt: ...On July 6, 2023, Defendant re-filed the motion to quash for hearing on August 3, 2023. On July 27, 2023, defense counsel filed a declaration stating his office had mistakenly not calendared the June 30, 2023 hearing date, which was why no attorney appeared at the hearing for Defendant. This declaration shows that an attorney mistake was the reason for the non- appearance, and based on that the court will give leave to re-file the motion. However,...

Excerpt: ...cords. (Motion at p. 3.) Defendants contend the records will show when he left the military because there is some disagreement about when that actually occurred. Plaintiffs do not dispute that Defendant sought the production of military records. Instead, Plaintiffs argue the records are not relevant because exposure while in the army is rare. Plaintiffs do not deny they have military records in their possession. Plaintiffs did not establish anyth...

Excerpt: ...Index, Exs. B, C.) Defendants state they did not know they had missed the deadline until July 17, 2023. (Reeg Decl., ¶ 7.) Defendants also seek to designate Jeffrey Birkner. Defense counsel states they made a mistake in missing the deadline and there is no prejudice because other defendants designated the experts. Plaintiffs argue that trial is in less than three weeks, they have been prejudiced by relying on the absence of designations, and Def...

Excerpt: ...e[] 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. Atlant...

Excerpt: ...essary 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. Atlantic Richfi...

Excerpt: ... Overruled. Nos. 5, 13: See discussion below. Nos. 8, 9, 11, 12, 15, 18, 19: Sustained. No. 14: See discussion below. No. 22: The court did not rely on this declaration. B. Summary Judgment 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. (...

Excerpt: ...nd of lack of jurisdiction. (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 Process Clause...

Excerpt: ... 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 relations.'” (Burger King Corp. v. Rudzewicz (1985) 471 U.S. 462, 471-472.) A state court may not ex...

Excerpt: ... 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 based u...

Excerpt: ...ase, 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....

Excerpt: ...ssue 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 n...

Excerpt: .... Plaintiffs' MIL No. 2 Plaintiffs move to exclude derogatory comments by defense counsel about Plaintiffs' counsel. To the extent the motion seeks to preclude comments about “[a] party's or counsel's status or involvement in the ‘asbestos industry' or the ‘asbestos litigation industry' ‘lottery' or ‘mill' ” (July 8, 2022 CMO at pp. 11-12), the motion is deemed made and granted pursuant to the July 8, 2022 CMO. If the motion seeks to ...

Excerpt: ...nal, Inc. filed joinders in the motion. I. Legal Standard “Forum non conveniens is an equitable doctrine invoking the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere.” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) When a court finds “in the interest of substantial justice an action shou...

Excerpt: ...ust “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 obtain, needed eviden...

Excerpt: ...e 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 to the binding judgments of a forum with which he ...

Excerpt: ...§ 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 interest in ...

Excerpt: ...aintiffs did not file an 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 defendant must make the initial showing “that ...

Excerpt: ...damages.” (Reply at pp. 1, 4.) While Defendant mentions the fraud cause of action, all of its arguments are about punitive damages. Therefore, the court likewise focuses on punitive damages. Defendant objects to the Declaration of William Longo. The court did not rely on that declaration. A defendant seeking summary judgment must “conclusively negate[] a necessary element of the plaintiff's case, or . . . demonstrate[] that under no hypothesi...

Excerpt: ...f 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 is granted. Defendants' MIL No. 2 Defendants move to exclude evidence of a 1986 EPA guidance about asbestos as hearsay, unscientific, and unduly prejudicial. The document could be relevant to Defendants' ...

Excerpt: ...g the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere.” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) When a court finds “in the interest of substantial justice an action should be heard in a forum outside this state,” it “shall stay or dismiss the action in whole or in part on any co...

Excerpt: ...d. (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 subj...

Excerpt: ... 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., § 410.10....

Excerpt: ...ccompanied 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...

Excerpt: ..., § 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 interest i...

Excerpt: ...y Sotomayor signed a verification on April 17, 2023. Steve Sotomayor signed a verification on April 19, 2023. Philip Sotomayor signed a verification on April 23, 2023. James signed a verification on April 16, 2023. Plaintiffs served those four verifications on April 20, 25, 28, and May 10, 2023. Plaintiffs did not serve a verification from Jeffrey Sotomayor. The parties participated in an IDC on May 17, 2023, and the court set a May 31, 2023 dead...

Excerpt: ... to depart from that order. The motion is denied without prejudice to objections at trial. Plaintiffs' MIL No. 5 Plaintiffs move to exclude references to any of Defendants' employees, representatives, and expert witnesses using Gold Bond talc powder as irrelevant. Defendants argue the fact their employees, representatives, and experts used the product shows the product did not contain asbestos and that Defendants did not know about any asbestos c...

Excerpt: ...t 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 support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference...

Excerpt: ... 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 information and ...

Excerpt: ...rd interrogatories. Defendant should have filed two motions to compel, one for further responses from Roberto Sotomayor and one for further responses from Patricia Bilgin. The July 8, 2022 CMO, Appendix B, requires plaintiffs to serve verified responses to the standard interrogatories thirty days after filing the complaint if the plaintiffs state on the preliminary fact sheet that they will be seeking a preferential trial date. (July 8, 2022 CMO,...

Excerpt: ...he trial, Plaintiffs sought to designate testimony from the March 9, 2019 deposition transcript now that the witness is unavailable. The trial court asked Department 15 to handle the new designations and objections because Department 15 has ruled on many, many objections to and designations of former testimony in this case. (All of the parties have made the process of handling testimony from prior cases overly complicated and inefficient by not c...

Excerpt: ...tion alleges Defendant “falsely represented that the products they marketed, used, sold, supplied, or specified for use were not hazardous; and/or that each Defendant's conduct did not create serious or deadly dust hazards. Those misrepresentations were made before and during the years that Plaintiff was exposed to asbestos . . . . Those misrepresentations were made either directly to Plaintiff, to a group of persons including Plaintiff, or thi...

Excerpt: ...orum non conveniens is an equitable doctrine invoking the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere.” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) When a court finds “in the interest of substantial justice an action should be heard in a forum outside this state,” it “shall stay...

Excerpt: ...erved by granting the preference. (Code Civ. Proc., § 36, subd. (e).) “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 shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party's attorney, or upon a showing of good cause stated in the record.” (Id., § 36, subd. (f).) �...

Excerpt: ... guidelines. This is one example ivhere evidence of those regulations and guidelines may be admissible. The motion is denied without prejudice to objections at trial. Plaintiffs' MIL No. 2 Plaintiffs move to exclude reference to genetics. The motion does not identi5r any specific testimony or documents to be excluded Therefore the motion is too vague. It is denied without prejudice to objections at trial. Plaintiffs' MIL No. 3 Plaintiffs move to ...

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 " (Aguilarv. Atlantic Richfield Co. (2001) 25 Cal_4th 826: 854.) "The defendant may, but need not, present evidence that conclusively negates an ...

Excerpt: ... its reply. The court did not rely on that evidence and therefore does not rule on the objections. A defendant may move to quash service of summons on the ground of lack of jurisdiction of the court over the defendant (Code Civ. Proc_, S 418.10, subd_ 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_ ' 'A court of this state may ...

Excerpt: ...he 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. PriR_, 581, subd_ "A coun 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_, S 410.10.) 'The Due Clause protects an individual's liberty interest in not being subject to the binding judgments of a foru...

Excerpt: ...Q of Union Carbide Corporation. Union Carbide objected to these notices. Apparently Plaintiffs never filed a motion to compel the deposition pursuant to these notices. After a trial, appeal and remand, on June 1 : 2021: August 31 2021: and February 25: 2022: Plaintiffs again served deposition notices for the PMQ of Union Carbide. Union Carbide again objected. Again Plaintiffs did not file a motion to compel the deposition. Instead, on April 14: 2...

Excerpt: ...ile a response to those excerpts. On April 4, 2023, the coun denied the motion because Plaintiffs had not made the showing necessary under section 36, saying "If Samson BareW s condition worsens and there is competent evidence showing his interest in the litigation will be prejudiced absent a grant of trial preference: Plaintiffs can file another motion for trial preference" Plaintiffs then filed another motion for preference. A party who is over...

Excerpt: ...tion concluding that one ofthe parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months and satisfring 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 coun that the interests of justice ivill be save...

Excerpt: ... Appeal reversed the dismissal of the case against Defendant. On April 19, 2023, Plaintiffs filed this motion contending Defendant engaged in discovery misconduct during the jurisdictional discovery Plaintiffs seek terminating sanctions and S 191,400 in monetary sanctions pursuant to Code of Civil Procedure sections 2023.010: subdivision (0 2023.030: and 2025.450, subdivisions (a) and (g)(l) Section 2023 010 describes types of misuses of discover...

Excerpt: ...the writings of L. Ron Hubbard, then he may be cross-examined about the basis for those medical treatments. Likewise, the expert's past association with BWe11 Clinic: which does not appear to have treated for asbestos exposure, is not relevant to the expert' s opinions in this case and will cause an undue amount trial time and jury confrsion_ The article about the expert is hearsay. Plaintiffs attach the following court decisions regarding the ex...

Excerpt: ... For example, relevant exhibits or scientific articles could refer to asbestos in other defendants products The motion is granted with respect to a defendant attributing fault to: or commenting on, the absence or invokement of any defendant who was granted summary judgment. Othervvise, the motion is denied. Plaintiffs' MIL No. 2 Plaintiffs move to exclude all reference to OSHA as preempted by Califomia's federally- approved OSHA. Plaintiffs move ...

Excerpt: ...on of the documents pursuant to the notice to appear. A. Notice to Attend Plaintiffs argue they can serve a notice to attend trial on Defendant pursuant to Code of Civil Procedure section 1987, subdivision (b). (Motion at p. 2.) Defendant objected it has no employees and is not obligated under section 1987 to produce a custodian ofrecords at trial. (Blumenfeld-James Decl_, Ex. 2 at p. 2, Opposition at p. 3.) Defendant argues it has been a wound-u...

Excerpt: ...e parties thereafter filed supplemental papers. 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.: S 418.10: subcL The courtmay dismiss uithout prejudice the complaint in whole: or as to that defendant: when dismissal is made pursuant to Section 418.10. (Code Civ. Proc_: 581: subd ' 'A coult of this state may exercise jurisdiction on any basis not inconsistent wit...

Excerpt: ...re overmled_ Nos. 3, 7, 8, 10 and 11 are sustained. 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.: S 418.10: subcL The courtmay dismiss uithout prejudice the complaint in whole, or as to that defendant: when dismissal is made pursuant to Section 418.10. (Code Civ. Proc_: 581: subd_ ' 'A court of this state may exercise jurisdiction on any basis not inconsisten...

Excerpt: ...nt from the Illinois action. On February 10: 2023: Plaintiffs filed this action against Defendant alleging Plaintiff Enos Raffl developed mesothelioma as a result of exposure to asbestos. On March 24: 2023: Defendant filed a motion to stay ancVor abate this case. Defendant argues 'Plaintiffs may not split a single cause of action and make it the basis for separate suits." (Motion at p. 6.) Where an action is brought in a California court involvin...