Excerpt: ... Alternatively, Summary Adjudication" that attacks the First Amended Complaint by January 10, 2022. Per the conditions agreed to in this court's order of September 9, 2021 granting leave to amend the complaint, plaintiff shall file and serve its opposition to the revised motion by February 10, 2022. Defendants' reply shall be filed and served by February 16, 2022. Defendant is advised to reformat its separate statement to include only material an...

Excerpt: ...trating that Plaintiffs do not possess and cannot reasonably obtain evidence that Defendant acted with the requisite malice, fraud or oppression to warrant the imposition of punitive damages. Defendant failed to propound a separate all facts interrogatory as to punitive damages. Notwithstanding this omission, Defendant failed to provide the Court with Plaintiffs' complete response to special interrogatory no. 1, which seeks all facts supporting l...

Excerpt: ...t possess, and cannot reasonably obtain, needed evidence that he was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant failed to address Plaintiff's deposition testimony that between 1983‐1985, he unloaded and stacked bags of Durabond on Union Pacific Railcars and cleaned out the cars after unloading them, creating visible dust. (Gold Declaration, Ex A. at 1...

Excerpt: ...Defendant failed to sustain its burden of showing that Plaintiffs do not possess, and cannot reasonably obtain, needed evidence that decedent Robert Mingram was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Robert Cantley's testimony that he worked with decedent at one job site in the early 1960s versus the declaration of Valerie Howerton Miller stating that Defenda...

Excerpt: ...laint‐In‐Intervention is GRANTED in part and DENIED in part. Proposed Intervenor's request for judicial notice is granted as to Exhibits A and B. (Evidence Code section 452(d).) Plaintiff's objection to Intervenor's request for judicial notice is denied as to Exhibits J and M based on relevance. (Evidence Code section 352.) Intervenor's objection to Plaintiff's Exhibit A to its opposition is sustained based on relevance. (Evidence Code 352.) ...

Excerpt: ...ng product for which Defendant may be liable. Defendant has failed to shift the burden on this ground. Based on Plaintiff's deposition testimony, which is the only evidence Defendant offers, Defendant has not shown that Plaintiff does not possess, and cannot reasonably obtain, needed evidence that he was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Plaintiff testif...

Excerpt: ...NIED. Plaintiff has failed to meet his burden of showing that service on PCNA was effective service on Porsche AG as CT Corporation is not the agent for service of process for Porsche AG. Further, Plaintiff has failed to satisfy the requirement of Code of Civil Procedure section 416.10(b) for service on Porsche AG. Even after being given the opportunity to conduct jurisdictional discovery, Plaintiff has failed to present sufficient evidence that ...

Excerpt: .... Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) As to asbestos content, Defendant failed to show that Plaintiff would not have been able to recognize Defendant's product had he been shown a photograph. (Huie Declaration, Ex. G at 227:12‐228:20; Weber v. John Crane, Inc. (2007) 143 Cal.App.4th 1433, 1439; Scheiding v. Dinwiddie Const. Co. (1999) 69 Cal. App. 4th 64, 81 (courts "can infer nothing at all with respect to questions which were nei...

Excerpt: ...ctional discovery. Plaintiff's objections to paragraphs 5, 8, 9 and 12 to the declaration of George Feygin are sustained based on lack of foundation. Plaintiff's objection to Exhibit A attached to Defendant's request for judicial notice is sustained based on relevance. Defendant's supplemental request for judicial notice is denied as to Exhibits A and B based on relevance. Discovery is limited to the issue of jurisdiction. Supplemental opposition...

Excerpt: ...that Plaintiffs do not possess, and cannot reasonably obtain, needed evidence that James Carmichael, and thereby decedent, was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant failed to attach Plaintiffs Brenda Geisinger and James Carmichael's complete responses to Defendant's special interrogatories nos. 1-3 and 5, as well as responses to interrogatories nos...

Excerpt: ...nce. Defendant has not shown that Plaintiffs do not possess, and cannot reasonably obtain, needed evidence that deceased plaintiff Raymond Byrum was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant failed to address co-workers identified in Plaintiffs' special interrogatory responses. (Defendant's Index of Exhibits, Ex. F at 3:8-13.) Plaintiff Stephen Byrum w...

Excerpt: ... 855. Plaintiffs' responses to Defendant's special interrogatories demonstrate that Plaintiffs do not possess and cannot reasonably obtain evidence that Defendant acted with the requisite malice, fraud or oppression to warrant the imposition of punitive damages. (Defendant's Index of Exhibits, Exs. B and C [Plaintiff Roberto Elorreaga's responses to rogs. 1, 13‐25; Exs. D and E [Plaintiff Rosemary Elorreaga's responses to rogs 1, 16‐18]; see ...

Excerpt: ...wn that Plaintiffs do not possess, and cannot reasonably obtain, needed evidence that Plaintiff Roberto Elorreaga was exposed to asbestos containing products attributable to Defendant. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 855.) Defendant has not provided the Court with a complete set of standard interrogatory questions and responses. (Follett Declaration, Exs. A-B.) Defendant has not demonstrated that it propounded "all facts" s...

Excerpt: ...concurrently with Defendant's Reply. (Bellow Decl. Ex. A; San Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 316.) Defendant sustained its initial burden under Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855. Defendant presents evidence that none of the HVAC wall mount products Defendant manufactured utilized gaskets except the WAG Series Wall Mount Products, which were first manufactured in the late 19...

Excerpt: ...o sustain its initial burden via the factually devoid prong of Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855. Defendant failed to address Plaintiff's deposition testimony that he was exposed to asbestos caused by components and equipment manufactured and supplied by Defendant. Plaintiff testified that he worked many many times with Allen-Bradley equipment and recognized it with a big A-B, and by the model number and serial number (...

Excerpt: ... deposition testimony identifying Joe Ubeda, Fred Sherwood, and John De La Rosa as co‐worker witnesses with knowledge. (Declaration of Jason Rose [Exhibit A at 83:20‐84:8; 86:9‐ 86:24].) Defendant failed to question Plaintiff about his exposure to asbestos from the installation of new gaskets and removal of old gaskets. Defendant's inability to name the brand name, manufacturer, or supplier of old gaskets is insufficient to shift the burden...

Excerpt: ...to Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854‐855. (Williams Decl. Ex. 4, 13:1‐24, 14:5‐15:23; and Ex. 6, 100:21‐101:23; Williams Decl. Ex. 2, response to special interrogatories no. 1 and no. 2.) Defendant has failed to produce evidence proving that "plaintiff does not possess, and cannot reasonably obtain, needed evidence" to establish that Defendant's products exposed Plaintiff to asbestos. (Aguilar v. Atlantic Richfi...

Excerpt: ... (Code of Civ. Proc., 437c(a)(2) ["Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing."].) Defendant Whip‐Mix Corporation attempted to file their Motion for Summary Adjudication on February 11, 2021. However, the Clerk's Office rejected the filing as the hearing date in the body of the motion did not match the hearing date in the caption. Defendant...

Excerpt: ...gment is denied. USC fails to burden shift, even under the presumption that Plaintiff Dr. David Springer ("Dr. Springer") was an employee. USC produced Plaintiffs' responses to interrogatories, excerpts from Plaintiffs' depositions, and Dr. Springers' USC dental school transcript. (Schultz Decl., Exs. B-I, M-O.) First, Dr. Springer participated in a mandatory on-campus clinic, received a grade for his clinic work, was supervised by USC dental sch...

Excerpt: ...(Sibiger Decl., Ex. D, Response to Special Interrogatories No. 7.) Defendant failed to produce evidence proving that "plaintiff does not possess, and cannot reasonably obtain, needed evidence" to establish that Defendant's products exposed Plaintiff to asbestos. (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 854.) Plaintiffs' Verified Responses to Defendant's Special Interrogatories, Set One, specify the evidence that would be used i...

Excerpt: ...ment of causation for any cause of action. Plaintiff David Springer is the only witness against Defendant Douglass Insulation. (Index of Exhibits Ex. K, Plaintiffs' Witness Statement.) Further, it is undisputed that neither of the Plaintiffs will provide product identification evidence against Defendant Douglass Insulation. (Index of Exhibits Ex. J, Deposition of David Springer p.422:11‐17; 450:8‐ 15; Motte Decl. at 1:24 ‐ 2:2.) Plaintiffs'...

Excerpt: ...t of Undisputed Material Facts, Nos. 19, 23, 24, 30-31.) Defendant has failed to produce evidence proving that "plaintiff does not possess, and cannot reasonably obtain, needed evidence" to establish that Defendant's products exposed Plaintiff to asbestos. (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 854.) Plaintiff's verified Response to ATKN's Special Interrogatories, Set One, No. 5 cites evidence in support of Plaintiff's allega...

Excerpt: ...failed to produce evidence showing that "plaintiff does not possess, and cannot reasonably obtain, needed evidence" to establish that Defendant's products exposed Plaintiff to asbestos. (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 854.) Plaintiffs' Responses to Defendant's Requests for Production, Set One, specify the evidence that would be used in support of Plaintiff's allegations. (Scheffy Decl., Ex. G, Response to Request for P...

Excerpt: ...any of Pittsburgh, PA, TIG Insurance Company, Certain Underwriters at Lloyd's London, and Certain London Market Insurance Companies ("Intervenors") have failed to sustain their initial burden of production pursuant to Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854-855. It is undisputed between the parties that Plaintiff was present while J&H Marine & Industrial Engineering Company employees ("J&H employees") removed and installed al...

Excerpt: ...Company of Pittsburgh, PA, TIG Insurance Company, Certain Underwriters at Lloyd's London, and Certain London Market Insurance Companies ("Intervenors") have failed to sustain their initial burden by making an affirmative showing that Plaintiff does not possess, and cannot reasonably obtain, needed evidence to support the element of causation. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854-855.) Initially, it is undisputed between t...