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...

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.) ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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. ...

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...

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...

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...

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 “...

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...

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 ...

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., §...

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...

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 ...

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., �...

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...

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...