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: ... 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: ...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...