Excerpt: ...e 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 inte...

Excerpt: ...e ninth affirmative defense alleges someone misused, abused, or altered the products at issue, that misuse, abuse, or alternation was not foreseeable to Defendant, and it caused the injury incurred by Plaintiffs. As alleged, the affirmative defense is vague. It is impossible to tell what Defendant is alleging from reading the answer. This affirmative defense arises when the product was misused or modified after it left the defendant's possession ...

Excerpt: ...iffs' MIL No. 2 Plaintiffs move to exclude evidence that David Cargill had heart attacks and different cancer as irrelevant and confusing. Defendants contend that their experts will opinion that Cargill's other health conditions caused his death. Defendants also argue that his medical condition is relevant to his life expectancy and damages. The evidence could be relevant to life expectancy and damages. Therefore, the motion is denied without pre...

Excerpt: ...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 Richfield Co. (2001) 25 Cal.4th 826, 854...

Excerpt: ... not impose on a plaintiff the obligation to “prove” a case for punitive damages at summary judgment [or summary adjudication.' [Citations.] Even so, ‘where the plaintiff's ultimate burden of proof will be by clear and convincing evidence, the higher standard of proof must be taken into account in ruling on a motion for summary judgment or summary adjudication, since if a plaintiff is to prevail on a claim for punitive damages, it will be n...

Excerpt: ...efendant's objections are improper because they do not identify the specific objectionable evidence. For example, Defendant states it objects to “Plaintiff's evidence to Plaintiff's DMF Nos. 5, 6, and 22” (see Objection No. 4), but those disputed facts contain multiple cites to evidence. By not specifically identifying and quoting the objectionable evidence as required by the California Rules o Court, Defendant would require the court to refe...

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: ...] 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, bu...

Excerpt: ...e damages. A. Objections Defendant's Objection Nos. 1-36, 42: The court did not rely on this evidence. Defendant's Objection Nos. 37-41: Overruled. B. Fourth Cause of Action The fourth cause of action for premises owner/contractor liability alleges Defendant “owned, leased, maintained, managed, and/or controlled the premises at which Plaintiff Kathleen Hiland was exposed to asbestos.” (Complaint, ¶ 51.) Defendant propounded a special interro...

Excerpt: ...continued the hearing to allow Defendants to respond to evidence that Plaintiffs filed shortly before the hearing. . 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. ...

Excerpt: .... When the motion targets a request for punitive damages, a higher standard of proof is at play. “Although the clear and convincing evidentiary standard is a stringent one, ‘it does not impose on a plaintiff the obligation to “prove” a case for punitive damages at summary judgment [or summary adjudication.' [Citations.] Even so, ‘where the plaintiff's ultimate burden of proof will be by clear and convincing evidence, the higher standard...

Excerpt: ...t a proper motion in limine as it does not seek to exclude evidence. Attorney questions during voir dire are not evidence. The trial court will have its own rules about how to conduct voir dire. The motion is denied. Plaintiffs also seek to exclude all evidence about background asbestos because there is no evidence of background asbestos. An expert may be able to establish a foundation for the existence and relevance of background asbestos. Also,...

Excerpt: ...d burdening the court. Also several defendants failed to number their motions in limine. When parties file 47 motions in limine, they need to be numbered. Otherwise, it is very difficult to keep track of so many motions. And defendants filed duplicative motions, again wasting time and resources. The parties should focus on working together to prepare for trial. Plaintiffs' MIL No. 1 Plaintiffs move to exclude evidence about permissible exposure l...

Excerpt: ...r the regulations are applicable to the exposures alleged in this case. The issues raised by Plaintiffs, such as regulations applying to the workplace, go to the weight to be given the evidence, and Plaintiffs can argue the jury should give the exposure limits no weight. The motion is denied without prejudice to objections at trial. Plaintiffs' MIL No. 2 Plaintiffs seek to preclude defense witnesses from testifying that Defendants' products were ...

Excerpt: ...lso moved for summary adjudication of the fraud cause of action and request for punitive damages. A. Objections 1. Plaintiffs' Objections Nos. 1-10: The court did not rely on this evidence. 2. Defendant's Objections Nos. 1, 3, 4, 5, 6: The court did not rely on this evidence. No. 2: Defendant objects that the transcript of the trial testimony of George Kirk is hearsay, citing Berroteran v. Superior Court (2022) 12 Cal. 5th 867, 891. That case add...

Excerpt: ...(a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) “The Due Process Clause protects an individual's liberty interest in not being subject...

Excerpt: ...f Plaintiffs' third cause of action for negligent misrepresentation, fourth cause of action for fraud by nondisclosure, and punitive damages claim. In their opposition, Plaintiffs state they waive their third and fourth causes of action against Defendants. Plaintiffs filed a response to Defendant's Separate Statement in which Plaintiffs asserted objections to Defendant's Undisputed Material Facts. This is improper. Objections should be made to ev...

Excerpt: ...ing so that Plaintiff's deposition could finish. 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 jurisdiction on any basis ...

Excerpt: ... Plaintiffs added J-M Manufacturing Company, Inc. as Doe Defendant No. 29. On November 27, 2023, Defendant filed a demurrer. Defendant argues the first amended complaint is uncertain as to Defendant because it does not mention Defendant or state how Stephen Anderson was exposed to asbestos due to Defendant. Plaintiffs argue that the first amended complaint alleges Defendant was in the business of manufacturing, fabricating, designing, assembling,...

Excerpt: ...mmary 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 reasonably obtai...

Excerpt: ... conducted by videoconference or in person. The parties are to meet and confer before December 21, 2023 at noon on whether the deposition will be remote or in person. If they cannot agree, Plaintiffs are to immediately (by December 22, 2023) serve a new deposition notice stating whether the deposition will be in person or by videoconference. Second, Defendant argues the notice improperly states the video of the deposition will be used at trial be...

Excerpt: ...ental briefing before the new hearing date. 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 jurisdiction on any basis not...

Excerpt: ...e damages. When the motion targets a request for punitive damages, a higher standard of proof is at play. “Although the clear and convincing evidentiary standard is a stringent one, ‘it does not impose on a plaintiff the obligation to “prove” a case for punitive damages at summary judgment [or summary adjudication.' [Citations.] Even so, ‘where the plaintiff's ultimate burden of proof will be by clear and convincing evidence, the higher...

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. (Id., § 36, subd. (d).) Moreover, 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 served by granting the preference. ...

Excerpt: ...o Defendant's Colton gun plastic cement. A. Objections Defendant's Objection Nos. 1, 2, 3: The court did not rely on this evidence. 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 th...