Excerpt: ... summons on the ground of lack of jurisdiction of the court over the defendant. (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.” (Co...

Excerpt: ...otice. The August 15, 2023 trial setting order in this case set December 8, 2023 as the deadline for hearing motions for summary judgment and set trial on December 11, 2023. (Trial Setting Order, ¶¶ 2, 26.) (Because the court is dark on December 11, 2023, the trial date was recently continued to December 12, 2023.) While the trial setting order allows the parties to stipulate to shorten the time for summary adjudication motions (ibid.), Plainti...

Excerpt: ...(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 this subdivision may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and...

Excerpt: ...t 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 state or of ...

Excerpt: ... 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 Process Clause pr...

Excerpt: ...ndant may move to quash service of summons on the ground 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.” (...

Excerpt: ...The court must consider the necessity for the discovery, the diligence of the party seeking the discovery and the reasons that the discovery was not completed, the likelihood that permitting discovery will prevent the case from going to trial or result in prejudice to any other party, and the length of time between any date previously set and the date presently set for the trial. (Code Civ. Proc., § 2024.050, subd. (b).) This case was filed on M...

Excerpt: ...amages. I. Demurrer A. Third Cause of Action The third cause of action alleges the defendants sold asbestos-containing products to Otilia Rosas and represented to Otilia Rosas and the public that the products were safe, but in fact the defendants knew the products were not safe, and as a result of the false representations, Otilia Rosas was injured. (FAC, ¶¶ 37, 39, 40.) Defendant argues the third cause of action is defective because it does no...

Excerpt: ...Denied. These requests are overbroad as they are not limited to the products and time period at issue. In addition, the definition of YOU is extremely broad and vague, encompassing many companies, entities, and products not involved in this litigation. The entity at issue was The Glidden Company, for which PPG Architectural Finishes is the successor in interest. By defining YOU as including all of PPG Architectural Finishes' predecessors, parents...

Excerpt: ...) 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 this subdivision may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and p...

Excerpt: ...d not cause his mesothelioma, and is prejudicial because the U.S.'s use of Agent Orange in Vietnam is controversial. This evidence could be relevant to life expectancy. It can be mentioned briefly at trial without delving into U.S. military policy and actions in Vietnam. The motion is denied without prejudice to objections at trial. Defendants' MIL Nos. 1-7 No motions were filed. Defendants' MIL No. 8 Defendant Pneumo Abex LLC seeks to exclude ev...

Excerpt: ...on is granted in part. Defendant is to serve responses to the standard interrogatories with any updated information from post-2015 and post-2019. If there is no updated information, Defendant is to serve verified responses stating there is no updated information. Special Interrogatories No. 4: Granted. This is a typical contention interrogatory. If an answer to an interrogatory would necessitate the preparation of a compilation or summary of docu...

Excerpt: ...f 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." (Code Civ...

Excerpt: ...ove 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 state or of the U...

Excerpt: ...t 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 state or of ...

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 this subdivision may be signed by the attorney for the party seeking preference based upon information and belief as to ...

Excerpt: ... memos about asbestos on Defendant's aircraft, information about handling asbestos-containing materials, correspondence about asbestos, and the sources of all asbestos products on Defendant's aircraft at any time. These requests are overbroad and seek irrelevant information. For example, they are not limited to the airlines for whom Plaintiff's father worked, the type of planes Plaintiff's father worked on, the type of work he did, or the time pe...

Excerpt: ...contractor is not liable for torts to its independent contractor's employees during the performance of inherently dangerous work. (Privette v. Superior Court (1993) 5 Cal.4th 689, 702 (Privette).) “Privette renders the hirer of an independent contractor immune from liability to the independent contractor's employee even when the basis for liability was that the hirer failed to provide in the contract that the contractor must take special precau...

Excerpt: ...work resulting in cancer and her death. (See, e.g., FAC at pp. 4-5.) Plaintiff served Defendant with the first amended complaint on July 5, 2023, and on August 8, 2023, Defendant filed a demurrer and motion to strike. On August 31, 2023, Plaintiff filed an ex parte application to continue the hearing on the demurrer and motion for thirty days, which the court granted, continuing the hearing to October 10, 2023. Plaintiff then did not file opposit...

Excerpt: ... Plaintiffs' counsel stated Plaintiffs would not appear for the depositions. After the parties participated in an informal discovery conference, on October 10, 2023, Defendant filed three motions to compel the depositions of Plaintiffs. Other defendants joined the motions. Plaintiffs did not file oppositions. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (C...

Excerpt: ... of a pleading. (Code Civ. Proc., § 435, subd. (b).) The motion may seek to strike any “irrelevant, false or improper matter inserted in any pleading” or any part of the pleading “not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc., § 436.) Irrelevant allegations include allegations that are not essential to the statement of a claim, allegations that are not pertinent t...

Excerpt: ...arty 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 this subdivision may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosi...

Excerpt: ...urt 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 to the binding...

Excerpt: ...c., § 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...

Excerpt: ... it 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 this subdivision may be signed by the attorney for the party seeking preference based upon information ...

Excerpt: ...ot exposed to asbestos from Defendant's talc. (Motion at p. 9.) Birkner testified at his deposition that based on the material he reviewed, he concluded Avon used Defendant's Osmanthus talc and that talc contained no asbestos. (Birkner Depo at pp. 35, 37-38, 42.) He bases those conclusions on sales records and studies of Osmanthus talc including a Bandli/Fowler report. (Id. at pp. 35, 37-38, 42-43.) In addition, he relied on the two emails summar...

Excerpt: ... 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 liberty...

Excerpt: ...bjections. The following objections are overruled: Nos. 1, 4, 6, 7. Defendant's Objections: Defendant failed to number its objections, which makes ruling on them more difficult. The court did not rely on much of the objected-to evidence and therefore does not rule on those objections. The following objections are overruled: Nos. 8, 9, 10, 12, 13, 14, 19, 20. I. Legal Standard “Forum non conveniens is an equitable doctrine invoking the discretio...

Excerpt: ...xclude certain questions during voir dire and opening statement. This defendant is no longer in the case. Further, the trial court will have its own rules about conducting voir dire. And, mentioning the amount of damages that the evidence will prove is not improper. The motion is denied. Defendants' MIL No. 1 Defendant J-M Manufacturing Company, Inc. moves to exclude references to asbestos- cement pipe being “friable” or “inherently dangero...

Excerpt: ...esis as not relevant to causation and irrelevant, prejudicial, and confusing to the jury. If Robert Gonzalez had this procedure, the motion is denied without prejudice to an objection at trial. If he did not have this procedure, the motion is granted as the evidence would require an undue amount of trial time and confusing medical evidence explaining the purposes of the procedure and when and how it is used. Plaintiffs' MIL No. 4 Plaintiffs move ...

Excerpt: ... defendant for the same product. Thus, the grant of summary judgment as to one defendant does not necessarily mean that a particular product is out of the case. The motion is denied. Plaintiffs' MIL No. 2 Plaintiffs move to exclude evidence that other defendants were sued but are not at trial and the contents of the complaint because the complaint is not a judicial admission. Pursuant to the July 8, 2022 CMO, a motion to modify the caption to ref...

Excerpt: ...aintiffs' Separate Statement of Undisputed Material Facts.” The first 35 pages of the document copy Defendant's Separate Statement and Plaintiffs' Response to Defendant's Separate Statement. Starting on page 35, Defendant asserts objections but, they are objections to the stated facts rather than objections to the evidence. This document does not comply with California Rules of Court, rule 3.1354. In any event, the court did not rely on the obj...

Excerpt: ...) 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 to the...

Excerpt: ...ent are sustained. 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...

Excerpt: ... requested it back. The plaintiffs' attorneys in that case agreed to destroy copies of the documents. In 2017, in the case Booker v. BASF Catalysts LLC in Alameda County, the plaintiff's counsel in that case (Kazan, McClain, Satterley & Greenwood) marked the 1991 memorandum as an exhibit at a deposition. Pfizer's attorney objected. The parties did not resolve the dispute, Pfizer filed a motion for a protective order, and the Alameda court granted...

Excerpt: ...d requested it back. The plaintiffs' attorneys in that case agreed to destroy copies of the documents. In 2017, in the case Booker v. BASF Catalysts LLC in Alameda County, the plaintiff's counsel in that case (Kazan, McClain, Satterley & Greenwood) marked the 1991 memorandum as an exhibit at a deposition. Pfizer's attorney objected. The parties did not resolve the dispute, Pfizer filed a motion for a protective order, and the Alameda court grante...

Excerpt: ...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 not being s...

Excerpt: ...ction of the court over the defendant. (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 Pro...

Excerpt: ...er 8, 2023, Plaintiffs filed a motion to compel the production of the talc and sales records, with a hearing date of October 5, 2023. This is a preference case with a trial date of October 16, 2023. Under the trial setting order, all fact discovery was to be completed by September 25, 2023, all hearings on motions relating to fact discovery were to be held by September 29, 2023, and all expert discovery is to be completed by October 6, 2023. Thus...

Excerpt: ...se, 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: ... 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 inte...

Excerpt: ...of the IDC here was that Plaintiffs agreed to serve amended responses. (See Aug. 16, 2023 minute order.) Defendant argues Plaintiffs' responses to Form Interrogatory No. 17.1 are deficient because they contain boilerplate objections, and Plaintiffs provide the same response as to each request for admission that was not an unqualified admission. Defendant also complains that Plaintiffs did not identify documents supporting the responses. Plaintiff...

Excerpt: ... plans to assume there has been an exposure above background that would produce mesothelioma. (Id. at pp. 33, 36.) Of course, before Plaintiff's counsel can ask the witness to assume those facts, Plaintiff will need to show the admissibility of evidence establishing those facts. Defendant cites no evidence that an expert must review certain case material before opining on hypotheticals. Defendant argues that Plaintiff cannot remedy the lack of ev...

Excerpt: ...ces to damages amounts in voir dire and opening statements. First, trial practices are not the proper subject of motions in limine, and the trial court will have its own rules about voir dire. Second, if Plaintiffs have evidence to prove a certain amount of damages, they can state in opening that the evidence will prove that amount of damages. If Plaintiffs fail to prove that amount, then in closing Defendants can emphasize Plaintiffs failed to s...

Excerpt: ...ties then filed supplemental briefs. In their supplemental brief, Plaintiffs asked for more time to take discovery, so the court again continued the hearing date to September 7, 2023 for jurisdictional discovery on whether Defendant was selling blades in California during the time Joe Martinez was using them and whether Defendant is a continuation of the company that existed before 1984. The court stated Plaintiffs could file another supplemental...

Excerpt: ...es 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 negates an element of the...

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 subjec...

Excerpt: ...anted additional time to brief the applicability of McIndoe v. Huntington Ingalls Inc. (9th Cir. 2016) 817 F.3d 1170 and whether a contractor can be strictly liable for installing defective parts when building a Navy ship (which Plaintiffs contended Defendant raised for the first time in its reply) the court would continue the hearing. At the September 1, 2023 hearing, Plaintiffs requested additional briefing. The court continued the hearing to S...

Excerpt: ...ns to quash service of summons 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, 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 jurisdi...

Excerpt: ...t “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 evidence...

Excerpt: ...tiffs' MIL No. 2 Plaintiffs move to exclude evidence of or reference to two 2013 orders precluding Plaintiffs' expert Barry Horn from testifying as irrelevant and prejudicial. The 2013 orders are more prejudicial than probative and will consume an undue amount of time explaining the context of those orders. Therefore, the motion is granted. However, if Horn testifies that his opinions have never been excluded, testifies his opinions have always b...

Excerpt: ...orts were due three days before the deposition. All expert discovery was to be completed by September 8, 2023. Plaintiffs state they retained Robert Johnson as an expert on June 16, 2023, and designated him as an expert on August 4, 2023. (Seitz Decl., ¶ 5, Ex. 4.) His office said he was available for a deposition on September 6, 2023. (Seitz Decl., ¶ 6.) Apparently, Plaintiffs never offered that deposition date to Defendants. Instead, on Augus...

Excerpt: ...0, 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 not bein...

Excerpt: ...here 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 th...

Excerpt: ...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 shall be no continuance beyond 120 day...

Excerpt: ...in December 1976; otherwise overruled. 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. (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 in...

Excerpt: ...equest for punitive damages, so the motion for summary adjudication is moot. 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 defendan...

Excerpt: ...ert testimony to be excluded. In addition, the motion would exclude arguments about the standard for proving causation and what “substantial factor” means. Under the July 8, 2022 CMO, motions to exclude expert opinion about the term “substantial factor” are deemed made and denied without prejudice to objections at trial. Defendant did not show good cause to depart from this order. Defendant also argues OSHA and EPA reports are hearsay. Th...

Excerpt: ...pothesis 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 defendant may, but need not, presen...

Excerpt: ....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 not be...

Excerpt: ... ground 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 C...

Excerpt: ...gh his work for contractor defendants, such as Metalclad, and was also exposed to asbestos from locations contractor defendants, including Metalclad, were responsible for while not working for them.” (Second Amended Complaint, ¶ 15.) It alleges Nikolaus Marcher was exposed to Defendant's products when he was employed at Owens Corning, Shell Oil, and Bechtel, and for himself, as well as while employed at Metalclad. (Second Amended Complaint, ¶...

Excerpt: ... father was exposed to asbestos while on the job, and the father bought the asbestos home to David Rosenberg who then developed mesothelioma. (Complaint, ¶¶ 72-74.) A. Fourth Cause of Action – Section 835 The fourth cause of action is for premise liability under Government Code section 835. Defendant argues it is not responsible under a take-home theory of exposure, citing to City of Los Angeles v. Superior Court (2021) 62 Cal.App.5th 129. Th...

Excerpt: ...laintiffs' MIL No. 2 No motion was filed. Plaintiffs' MIL No. 3 No motion was filed. Plaintiffs' MIL No. 4 Plaintiffs move to exclude argument about the lack of an autopsy. Plaintiffs argue that under Walsh v. Caidin (1991) 232 Cal.App.3d 159, evidence of a lack of an autopsy is inadmissible. In that case, the defendants filed a cross-complaint for spoliation of evidence based on the plaintiff's failure to have an autopsy conducted after her husb...

Excerpt: ...y.” (Motion at p. 5.) This is too vague. The motion does not identify any specific exhibit or testimony to be excluded. The motion seeks to exclude all documents not dated between 1976 and 1999 because any documents before or after those dates would not include knowledge that is “reasonably scientifically knowable.” (Motion at p. 5.) This makes little sense. Why wouldn't documents written in 1974 or 1975 be scientifically knowable in 1976? ...

Excerpt: ...rial.” (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 negates an element of the plaintiff's cause ...

Excerpt: ...MIL No. 1 Plaintiffs move to exclude evidence about the Asbestos Worker magazine as irrelevant to showing Plaintiff's knowledge about asbestos because Plaintiff was not a member of the union, did not read the magazine and did not know about it. The court cannot determine on a motion in limine whether in fact Plaintiff was or was not a member of the union and whether or not he read the magazine. If Defendants seek to admit the magazine before esta...

Excerpt: ...ntific articles or other documents may mention former defendants no longer involved in this case, and reference to former defendants may be permissible for purposes of allocation of fault. And experts may testify they relied on the complaint. Also, unless a defendant was granted summary judgment, a defendant no longer in this case may still be relevant for allocation of fault under Proposition 51. Plaintiffs move to preclude Defendants from showi...

Excerpt: ... with California. A defendant may move to quash service of summons on the ground 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...

Excerpt: ...f evidence in the same objection. Also, Plaintiffs do not quote the piece of evidence accurately. Instead, Plaintiffs paraphrase or rewrite the piece of evidence. For example, Objection No. 15 states the objectionable piece of evidence is: “If Todd's bid was selected, the Navy and Todd would enter into a contract that was written and prepared by the Navy . . . .” Objection No. 15 states that that objectionable evidence is in paragraph 15 of t...

Excerpt: ...nder 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 defendant may, but need n...

Excerpt: ...is a party under Section 2025.23, without having served a valid objection under Section 2025.410, fails to appear . . . or to produce for inspection any document . . . described in the deposition notice, the party giving notice may move for an order compelling the deponent's attendance and testimony, and the production for any inspection any documents . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a).) The movi...

Excerpt: ...ation and Daimler Truck North America LLC state they were not served until June 22, 2023 and have not had sufficient time to take discovery. Hale Products says it needs a continuance because Plaintiffs just identified new witnesses. The court also notes that Plaintiffs recently added yet another defendant to this old case – Meritor Inc. The court grants the trial continuance requested by Detroit Diesel Corporation and Daimler Truck North Americ...

Excerpt: ...ific articles or other documents may mention former defendants no longer involved in this case, and reference to former defendants may be permissible for purposes of allocation of fault. And experts may testify they relied on the complaint. Also, unless a defendant was granted summary judgment, a defendant no longer in this case may still be relevant for allocation of fault under Proposition 51. Plaintiffs move to preclude Defendants from showing...

Excerpt: ...sed in discovery. Pursuant to the July 8, 2022 CMO, such a motion is deemed made and denied. Defendant did not show good cause to depart from that order. Therefore, the motion is denied without prejudice to objections at trial. Defendant's MIL No. 2 Defendant Longs Drug Stores California, LLC moves to exclude all references to news reports about talc litigation to establish notice as lacking foundation, hearsay, irrelevant and prejudicial. Defend...

Excerpt: ...ate[] 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 defendant may...

Excerpt: ... 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 defendant may, but...

Excerpt: ...n California during the time James Leblanc was using Gold Bond from 1975 to 2010. The parties have not conducted the jurisdictional discovery. Instead, on July 27, 2023, Defendant filed a motion for a protective order regarding a deposition notice of its person most qualified and custodian of records, and on August 2, 2023, Plaintiffs filed a motion to compel Defendant to produce a corporate representative for a deposition. Defendant argues that ...

Excerpt: ...monstrate[] 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 defenda...

Excerpt: ...California. A defendant may move to quash service of summons on the ground 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 U...

Excerpt: ...rom the filing of the original complaint. However, if Plaintiffs had sued Wu in a new action, the time to serve her with the complaint and summons would have run from the filing of the new complaint in the new action. Therefore, the court dismissed Wu without prejudice. Also on May 11, 2023, in addition to the minute order, the court signed and entered an Order of Dismissal dismissing Wu without prejudice. On May 24, 2023, Wu filed a memorandum o...

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...

Excerpt: ...) 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 medical di...

Excerpt: ...ation lines open and acted professionally, this motion could have been avoided. That starts with missed communications, or lack of communication, about testing the talc sample and the botched exchange of the talc sample. On August 3, 2023, the court ruled on Defendant American International Industries' motion for discovery sanctions, which sought an order precluding Plaintiffs from using any testes related to the sample. The court denied that mot...

Excerpt: ...mines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.” After granting a motion to compel arbitration, the court retains jurisdiction to reconsider the order. (Blake v. Ecker (2001) 93 Cal.App.4th 728, 738-739.) The court granted defendant's motion to compel arbitration on January 7, 2022. At that time, the court was required to grant it unde...

Excerpt: ...rial.” (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 negates an element of the plaintiff's cause ...

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. 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 bi...

Excerpt: ...0, 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 not bein...

Excerpt: ...omplaint, Ex. A.) However, Mae Moore died on December 29, 2021 and therefore stopped using talcum powder products before that date. A defendant may move to quash service of summons on the ground 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 cou...

Excerpt: ... ground 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 C...

Excerpt: ...quash service of summons on the ground 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., �...

Excerpt: ...esothelioma. This motion is too vague. Plaintiff does not identify any particular document or expert testimony to be excluded. Further, Plaintiff cites no evidence supporting the assertion that genetics have nothing to do with mesothelioma. The motion is denied without prejudice to objections at trial. Defendants' MIL No. 1 Defendants move to exclude evidence of any claims related to mine and mill employees, as well as workers' compensation actio...

Excerpt: ...hesis 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 defendant may, but need not, present e...

Excerpt: ...t 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 cannot reas...

Excerpt: ...ower to Shower from 1964 to 2016. (Ex. B at pp. 10-12.) A defendant may move to quash service of summons on the ground 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 wit...

Excerpt: ...Marie Cantu de Blanco, Tomas O. Cantu, Catarino Juan Cantu, Frank Cantu, Jr., and Kahla Davis filed a First Amended Complaint (“FAC”). On July 14, 2023, Plaintiffs filed this second motion for trial preference pursuant to Code of Civil Procedure section 36, subdivisions (a) and (e). Plaintiffs filed Evidentiary Objections to the Declaration of C. Alan Brown filed by Defendant Paccar, Inc. Objection Nos. 1 and 2 are overruled. A party who is o...

Excerpt: ...indings: (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...

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: Plaintiff cites no law prohibiting a defens...

Excerpt: ...iffs move to exclude evidence of immigration status. Plaintiffs' immigration status is irrelevant. However, evidence that Olivas primarily lived in Mexico and other parts of the U.S. is relevant. The motion is granted as to Plaintiffs' immigration status but not as to evidence that Olivas also lived in Mexico most of his life. Plaintiffs' MIL No. 4 Plaintiff moves to exclude evidence that Evaristo Juarez Olivas smoked. Defendant Kaiser Gypsum sta...

Excerpt: ...the other reasons people use illegal drugs. The evidence has little probative value regarding whether Robert Bruan would have followed warnings about products containing asbestos. The motion is denied to the extent an expert relies on the evidence as relevant to Plaintiffs' life expectancy or causes of his disease. Otherwise the motion is granted. Plaintiffs' MIL No. 2 Plaintiffs move to exclude a December 12, 1968 article about Robert Bruna bein...