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: Plaintiffs cite no law prohibiting a defen...

Excerpt: ...4 are sustained. II. Request for Judicial Notice Defendant requests judicial notice of five superior court decisions in other cases, suggesting that because other superior courts in other cases granted Defendant's motions to quash in those cases, this court too should grant this motion to quash. This argument has no merit. Superior court decisions have no precedential value. The request for judicial notice is denied. III. Motion to Quash A defend...

Excerpt: ...re 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 evidence that...

Excerpt: ...On July 6, 2023, Defendant re-filed the motion to quash for hearing on August 3, 2023. On July 27, 2023, defense counsel filed a declaration stating his office had mistakenly not calendared the June 30, 2023 hearing date, which was why no attorney appeared at the hearing for Defendant. This declaration shows that an attorney mistake was the reason for the non- appearance, and based on that the court will give leave to re-file the motion. However,...

Excerpt: ...cords. (Motion at p. 3.) Defendants contend the records will show when he left the military because there is some disagreement about when that actually occurred. Plaintiffs do not dispute that Defendant sought the production of military records. Instead, Plaintiffs argue the records are not relevant because exposure while in the army is rare. Plaintiffs do not deny they have military records in their possession. Plaintiffs did not establish anyth...

Excerpt: ...Index, Exs. B, C.) Defendants state they did not know they had missed the deadline until July 17, 2023. (Reeg Decl., ¶ 7.) Defendants also seek to designate Jeffrey Birkner. Defense counsel states they made a mistake in missing the deadline and there is no prejudice because other defendants designated the experts. Plaintiffs argue that trial is in less than three weeks, they have been prejudiced by relying on the absence of designations, and Def...

Excerpt: ...e[] 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. Atlant...

Excerpt: ...essary 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. Atlantic Richfi...

Excerpt: ... Overruled. Nos. 5, 13: See discussion below. Nos. 8, 9, 11, 12, 15, 18, 19: Sustained. No. 14: See discussion below. No. 22: The court did not rely on this declaration. 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. (...

Excerpt: ...nd 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 Clause...

Excerpt: ... 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 judgments of a forum with which he has established no meaningful ‘contacts, ties, or relations.'” (Burger King Corp. v. Rudzewicz (1985) 471 U.S. 462, 471-472.) A state court may not ex...

Excerpt: ... 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 for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based u...

Excerpt: ...ase, 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: ...ssue 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 evidence that conclusively n...

Excerpt: .... Plaintiffs' MIL No. 2 Plaintiffs move to exclude derogatory comments by defense counsel about Plaintiffs' counsel. To the extent the motion seeks to preclude comments about “[a] party's or counsel's status or involvement in the ‘asbestos industry' or the ‘asbestos litigation industry' ‘lottery' or ‘mill' ” (July 8, 2022 CMO at pp. 11-12), the motion is deemed made and granted pursuant to the July 8, 2022 CMO. If the motion seeks to ...

Excerpt: ...nal, Inc. filed joinders in the motion. I. Legal Standard “Forum non conveniens is an equitable doctrine invoking the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere.” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) When a court finds “in the interest of substantial justice an action shou...

Excerpt: ...ust “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 eviden...

Excerpt: ...e 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 judgments of a forum with which he ...

Excerpt: ...§ 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 in ...

Excerpt: ...aintiffs did not file an opposition. 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: ...damages.” (Reply at pp. 1, 4.) While Defendant mentions the fraud cause of action, all of its arguments are about punitive damages. Therefore, the court likewise focuses on punitive damages. Defendant objects to the Declaration of William Longo. The court did not rely on that declaration. A defendant seeking summary judgment must “conclusively negate[] a necessary element of the plaintiff's case, or . . . demonstrate[] that under no hypothesi...

Excerpt: ...f trial time exploring the bases for and legislative history of the foreign bans. The evidence would have little probative value because foreign bans did not apply to workplaces in the United States and would be confusing to the jury. The motion is granted. Defendants' MIL No. 2 Defendants move to exclude evidence of a 1986 EPA guidance about asbestos as hearsay, unscientific, and unduly prejudicial. The document could be relevant to Defendants' ...

Excerpt: ...g the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere.” (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) When a court finds “in the interest of substantial justice an action should be heard in a forum outside this state,” it “shall stay or dismiss the action in whole or in part on any co...

Excerpt: ...d. (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 subj...

Excerpt: ... 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. Proc., § 410.10....