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 Burke worked at Defendant form 1989 to 2017: yet he testified he is familiar with the historical documents conceming Cashmere Bouquet product showing that in the early 1970s, Colgate started te...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: ... 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: ...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: ...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: ...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...