Excerpt: ...ate[] 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...

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: ...California. A defendant 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 U...

Excerpt: ...n California during the time James Leblanc was using Gold Bond from 1975 to 2010. The parties have not conducted the jurisdictional discovery. Instead, on July 27, 2023, Defendant filed a motion for a protective order regarding a deposition notice of its person most qualified and custodian of records, and on August 2, 2023, Plaintiffs filed a motion to compel Defendant to produce a corporate representative for a deposition. Defendant argues that ...

Excerpt: ...monstrate[] 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 defenda...

Excerpt: ...rom the filing of the original complaint. However, if Plaintiffs had sued Wu in a new action, the time to serve her with the complaint and summons would have run from the filing of the new complaint in the new action. Therefore, the court dismissed Wu without prejudice. Also on May 11, 2023, in addition to the minute order, the court signed and entered an Order of Dismissal dismissing Wu without prejudice. On May 24, 2023, Wu filed a memorandum o...

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.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) “The...

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 subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical di...

Excerpt: ...ation lines open and acted professionally, this motion could have been avoided. That starts with missed communications, or lack of communication, about testing the talc sample and the botched exchange of the talc sample. On August 3, 2023, the court ruled on Defendant American International Industries' motion for discovery sanctions, which sought an order precluding Plaintiffs from using any testes related to the sample. The court denied that mot...

Excerpt: ...mines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.” After granting a motion to compel arbitration, the court retains jurisdiction to reconsider the order. (Blake v. Ecker (2001) 93 Cal.App.4th 728, 738-739.) The court granted defendant's motion to compel arbitration on January 7, 2022. At that time, the court was required to grant it unde...

Excerpt: ...rial.” (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 plaintiff's cause ...

Excerpt: ...0, 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 bein...

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. 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 bi...

Excerpt: ... 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.” (Code Civ. Proc., § 410.10.) “The Due Process C...

Excerpt: ...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.” (Code Civ. Proc., �...

Excerpt: ...omplaint, Ex. A.) However, Mae Moore died on December 29, 2021 and therefore stopped using talcum powder products before that date. A defendant 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 cou...

Excerpt: ...esothelioma. This motion is too vague. Plaintiff does not identify any particular document or expert testimony to be excluded. Further, Plaintiff cites no evidence supporting the assertion that genetics have nothing to do with mesothelioma. The motion is denied without prejudice to objections at trial. Defendants' MIL No. 1 Defendants move to exclude evidence of any claims related to mine and mill employees, as well as workers' compensation actio...

Excerpt: ...hesis 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, present e...

Excerpt: ...t 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 cannot reas...

Excerpt: ...ower to Shower from 1964 to 2016. (Ex. B at pp. 10-12.) A defendant 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 wit...

Excerpt: ...Marie Cantu de Blanco, Tomas O. Cantu, Catarino Juan Cantu, Frank Cantu, Jr., and Kahla Davis filed a First Amended Complaint (“FAC”). On July 14, 2023, Plaintiffs filed this second motion for trial preference pursuant to Code of Civil Procedure section 36, subdivisions (a) and (e). Plaintiffs filed Evidentiary Objections to the Declaration of C. Alan Brown filed by Defendant Paccar, Inc. Objection Nos. 1 and 2 are overruled. A party who is o...

Excerpt: ...indings: (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 belief as to the...

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: Plaintiff cites no law prohibiting a defens...

Excerpt: ...iffs move to exclude evidence of immigration status. Plaintiffs' immigration status is irrelevant. However, evidence that Olivas primarily lived in Mexico and other parts of the U.S. is relevant. The motion is granted as to Plaintiffs' immigration status but not as to evidence that Olivas also lived in Mexico most of his life. Plaintiffs' MIL No. 4 Plaintiff moves to exclude evidence that Evaristo Juarez Olivas smoked. Defendant Kaiser Gypsum sta...

Excerpt: ...the other reasons people use illegal drugs. The evidence has little probative value regarding whether Robert Bruan would have followed warnings about products containing asbestos. The motion is denied to the extent an expert relies on the evidence as relevant to Plaintiffs' life expectancy or causes of his disease. Otherwise the motion is granted. Plaintiffs' MIL No. 2 Plaintiffs move to exclude a December 12, 1968 article about Robert Bruna bein...