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...

Excerpt: ...page making it difficult to read. Documents on pleading paper should contain only 28 lines per page Long, difficult-to- read documents do not advantage the author. I. Defendant did not file a reply. Obiections A. Plaintiffs' Obiections Nos. 1-5: Sustained. Burke worked at Defendant form 1989 to 2017: yet he testified he is familiar with the historical documents conceming Cashmere Bouquet product showing that in the early 1970s, Colgate started te...

Excerpt: ...tends, ESD Company is the successor-in-interest to Industries Supply Co. of San Diego. The objections to the relevant evidence are discussed below A defendant seeking summary judgment must "conclusively negate[] a necessary element of the plaintiffs 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 plain...

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." (Agui/arv. Atlantic Richfield Co. (2001) 25 CaL4th 826, 854.) "The defendant may...

Excerpt: ...g date for several months to allow discovery Thereafter: the parties filed supplemental briefs. 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 coun of this state may exerci...

Excerpt: ...ubdivision (a). A party who is over 70 years old may petition the coun for a preference: which the coun 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 support of a motion fo...

Excerpt: ...pose the grant of preference. A party who is over 70 years old may the coun for a preference: which the coun 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. 36, subd_ (a)_) An affidavit submitted in support of a motion for ...

Excerpt: ...endants argue the Illinois complaint is a party admission and can be used for impeachment. This Illinois complaint is not verified by Plaintiffs or signed by Plaintiffs. (Connett Decl_, Ex. 1 Plaintiff Karen Hammel testified at her deposition in this case that on July 18: 2022: she fired the prior counsel who filed the Illinois complaint. (ld., Ex_ 2 at p. 105.) The prior counsel filed the Illinois complaint on July 19: 2022: a day after Plaintif...

Excerpt: ...fendant seeking summary judgment must “conclusively negate[] a necessary element of the plaintiff's case, or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.” (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 334.) To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing “that the plaintiff does not possess, and canno...

Excerpt: ...oth 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 maybe signed by the attorney for the party seeking preference based upon information...

Excerpt: ...fs to file a response to those excerpts A party who is over 70 years old may petition the court for a preference, which the coun 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 ...

Excerpt: ...hall 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. 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: ...plaintiffs 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." (Agui/arv. Atlantic Richfield Co. (2001) 25 CaL4th 826, ...

Excerpt: ... 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 " (Aguilarv. Atlantic Richfield Co. (2001) 25 Cal_4th 826: 854.) "The defendant may, but need not, pre...

Excerpt: ...ay 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 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 Process Clause protects an individual' s liberty interest in not being subject to the binding judgments of a fo...

Excerpt: ...nveniens_ Defendants request judicial notice of (1) the complaint in this case; (2) a copy of Court' s docket; (3) Exhibits E through G attached to Declaration of Christopher D. Stmnk C 'Strunk Decl_"): (4) Mary Kay's own asbestos docket Plaintiffs did not object. Therefore: the Coun grants judicial notice of the documents in accordance with the Evidence Code section 452 subds_ (c) and (d). I. Defendants' Obiections Nos. 1 : 2: 3: 4: 6: 7 Overmle...

Excerpt: ...t 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 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_: S 410.10.) "The Due Pr'Ress Clause protects an individual' s liberty interest in not being subject to the binding judgments of a...

Excerpt: ...es of Defendant and the 1972 regulations did not impose any obligation on Defendant to label products it sold to Plaintiffs The motion is granted to the extent Plaintiffs seek to argue the W W _ Henry Company was required to comply with the 1972 regulations. It is denied if the 1972 regulations are offered for some other purpose. The motion is granted in part and denied in part. Defendants' MIL No. 37 Pfizer moves to exclude evidence about outdat...

Excerpt: ... 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 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 Process Clause protects an individual' s liberty interest in not being subject to the...

Excerpt: ...judication to March 30, 2023 so that Defendant could file and serve the complete Rabin Declaration with all exhibits attached: and so that Plaintiffs could file a supplemental opposition addressing the time period issue and the evidence attached to the Rabin Declaration. Defendant filed the Rabin Declaration with attached exhibits on March 9, 2023 The exhibits attached to the Rabin Declaration include Lynn Papworth's deposition. He testified the ...

Excerpt: ...osts of S365,000 would be added to the judgment. The Court of Appeal the punitive award and directed the court to vacate the judgment enter a new judgment according to the Court of Appeal's decision. The coun entered a judgment in the amount ofS448:761 _ 10 Plaintiff then filed a cost memorandum seeking S497 , 58 _ 80 in costs. Defendant filed this motion to tax costs, specifically S 127 in expert fees and $134,261.40 in prejudgment interest Defe...

Excerpt: ...n acquired Daniels Constmction in 1977 and fomrd Daniel International in 1978 based on the Fluor Corporation timeline and Dun & Bradstreet information. Generally information from websites is hearsay if offered for the truth of the matter asserted, as is the situation here Defendants state the timeline may be a party admission under Evidence Code sections 1220, 1222, and 1230 Section 1220 applies to a statement "offered against the declarant in an...

Excerpt: ...in limine_ This excessive number of motions could have been dramatically reduced, thereby saving attomey and coun time, if the parties had adequately met and conferred. Plaintiffs' MIL No. 1 Plaintiffs seek to exclude evidence of OSHA regulations regarding asbestos. Defendants also seek to exclude evidence of OSAH regulations. Thus it appears that the parties agree on this point The parties are to meet and confer on a stipulation. The motion re i...

Excerpt: ...emonstrate[] 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." (Aguilarv. Atlantic Richfield Co. (2001) 25 CaL4th 826, 854.) "The defendant may, b...

Excerpt: ...oducts, Defendant marketed its brakes as safe and published various advertisements saying they were safe, and Roberto Sotomayor purchased Defendant's products, did not know about the concealed information, and relied on the misrepresentations. (Complaint at pp. 13-22, 60-61.) Defendant argues the third cause of action does not allege Plaintiffs relied on the alleged misrepresentations or concealment of material facts. (Motion at p. 4.) The compla...

Excerpt: ...filed their First Amended Complaint ("FACE) On February 24: 2023 Plaintiffs filed their Second Amended Complaint C 'SAC') and included Kaleb Ashley, a 12-year-old great-grandson of Decedent, as a Plaintiff On February 27 2023 Plaintiffs filed this motion for trial preference under Code of Civil Procedure sections 36: subdivisions (a) and (b). A party who is over 70 years old may petition the court for a preference: which the coun shall grant if t...

Excerpt: ...er his or her control." The trial subpoena contains many categories of documents that do not state an "exact" thing. For example, item 4) asks for the originals of all documents Defendant produced in discovery. Likewise, items 7) through 9) ask for all issues of three newsletters. Those items, and others, seek the production of categories of documents, not specific documents However, the following items do seek exact documents. item 6) seeking or...

Excerpt: ...ccompanied by clear and convincing medical documentation concluding that one ofthe parties suffers from an illness or condition raising substantial medical doubt of survival ofthat party beyond six months and satisfring the court that the interests of justice will be served by granting the preference. (Code Civ_ Proc_, S 36, subd_ (d)) In addition: the court in its discretion may grant a motion for preference supported by a showing that satisfies...

Excerpt: ... exercised a peremptory challenge against that judge. Because there was no other trial court available, the coun continued the trial to February 1, 2023. On February 1: 2023: the case was assigned to another trial judge. Defendant exercised a peremptory challenge to that judge. Because no other trial court was available, the court continued the trial to February 8, 2023. On February 8, 2023, there was no available trial court: so the court contin...

Excerpt: ... On February 21 2023 twenty-seven days before the current trial: Defendant Whittaker, Clark & Daniels: Inc. filed a motion for judgment on the pleadings pursuant to Code of Civil Procedure section 438 on the causes of action for fraud and conspiracy to commit fraud. That section requires a motion for judgment on the pleadings to be made within 30 days of the date the action is initially set for trial "unless the court othemvise permlts_" (Code Ci...

Excerpt: ...sold but did not give warnings to customers such as Samson Bareh: and Samson Bareh purchased Defendant's products, did not know about the concealed information, and if he had known about the information, he would have acted differently. (Complaint at pp. 30-36, 82.) The request for judicial notice is denied. If Defendant wants the coun to consider the substance of Plaintiffs' discovery responses, it needs to file a motion for summary adjudication...

Excerpt: ...chasing the products such as Samson Bareh, Defendant marketed its brakes as safe and published various advertisements saying they were safe, and Samson Bareh purchased Defendant's products, did not know about the concealed information, and relied on the misrepresentations. (Complaint at pp. 16-21, 80-81.) Defendant argues the third cause of action does not specify the alleged misrepresentations. (Motion at pp. 2, 7-8.) At pages 17-19, the complai...

Excerpt: ...t trial, the motion is denied as too vague. For example, a deposition testimony of a witness of another defendant may be admissible. The motion is granted in part and denied in part without prejudice to objections at trial. Plaintiff's MIL No. 2 Plaintiffs move to exclude irrelevant definitions of asbestos and arguments about cleavage fragments. Plaintiffs contend Defendants have no evidence that different types of asbestos or cleavage fragments ...

Excerpt: ...he claim forms are authorized admissions. The claims are excluded until that is established. The motion is granted unless and until Defendants establish the bankruptcy form claims are authorized admissions. Plaintiffs MIL Re Exposure Limits Plaintiffs move to exclude evidence about permissible exposure limits established by government regulations as irrelevant, confusing, and requiring an undue amount of time. An expert may be able to show that g...

Excerpt: ...iency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal.A...

Excerpt: ... apparently one deposition. Instead, Plaintiffs filed another request to continue the hearing date, this time to May 10, 2023. Plaintiffs did not explain why they need another two months to schedule one deposition. In any event, the trial date is April 10, 2023. The parties did not show good cause for failing to take the jurisdictional discovery in the last two months, and the court will not continue the trial date based on the parties' lack of d...

Excerpt: ...laim. Defendant's Objection Nos. 3-13, 27-39 are overruled. There are no Objection Nos. 1- 2. The Court did not rely on the evidence in Objection Nos. 14-26: 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 s...

Excerpt: ...the trial to March 20, 2023 to allow the parties to participate in a mandatory settlement conference. Three defendants remain for trial. The parties have filed miscellaneous pre-trial motions. Defendant Chanel, Inc.'s Motion for Time Limits Defendant moves for a limit of 8 weeks of trial. That is too long for a case with only three defendants. In addition, if this case requires more than 100 hours of trial testimony, the parties will need to prep...

Excerpt: ...ot conclude based on Plaintiffs' assertions alone that some theory that Defendants may advance at trial lacks evidentiary support. The motion is denied without prejudice to objections at trial. Plaintiffs MIL No. 2 Plaintiffs move to preclude arguments that Defendants were losing money or ended up closing or discontinuing products. This motion is too vague. Plaintiffs do not identify any specific evidence from any particular Defendant. The motion...

Excerpt: ...ause of action. 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 no...

Excerpt: ...t rely on this. II. 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 initial showing “that ...

Excerpt: ...laration of Anya Fuchs. Nos. 1-5 are overruled. The Court did not rely on the evidence in No. 6. 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....

Excerpt: ...tion 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 be...

Excerpt: ...ed without prejudice to objection sat trial. Defendants' MIL No. 1 Defendants move to exclude speculative testimony from experts about John Metzger's exposure to asbestos at the Torrance refinery because there is no evidence that he was exposed to asbestos there. Pursuant to the July 8, 2022 CMO, a motion to exclude speculative testimony is deemed made and denied. Defendant did not show good cause to depart from this order. Defendants can cross-e...

Excerpt: ...vernment regulations as irrelevant, confusing, and requiring an undue amount of time. An expert may be able to show that government regulations about permissible exposure limits are the type of information experts in the field rely upon. In that case, Plaintiffs can cross-examine the expert about whether the regulations are applicable to the exposures alleged in this case. The issues raised by Plaintiffs, such as regulations applying to the workp...

Excerpt: ...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 not, p...

Excerpt: ...te[] 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. Atlan...

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: ...upplemental reply is six pages long. Therefore, the court considers only the first three pages. 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., § 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 o...

Excerpt: ...r summary adjudication of Plaintiffs' punitive damages claim. 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...

Excerpt: ...y 12, 2023, Plaintiffs filed this motion for trial preference under Code of Civil Procedure section 36, subdivision (d). The court has discretion to grant a motion for trial preference accompanied by clear and convincing medical documentation concluding that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months and satisfying the court that the interests of justice wi...