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: ... 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...