Excerpt: ...any of Pittsburg and TIG Insurance Company ("Intervenors") failed to sustain their initial burden pursuant to the factually devoid prong of Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. Plaintiffs' responses to Intervenors' Special Interrogatories include specific facts about the late Ronald Brown's exposure to asbestos‐containing products based on J&H Marine & Industrial Company's activities. Additionally, Intervenors' reliance on A...

Excerpt: ...vidence Code section 452(b) as to Exhibits L and M, and DENIED as to Exhibits N and O. Defendant failed to meet its initial burden of demonstrating that Plaintiff does not possess and cannot reasonably obtain evidence that Decedent was exposed to asbestos‐ containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855.) The testimony of James Greely is insufficient to show that Defendan...

Excerpt: ...tlantic Richfield Co. (2001) 25 Cal.4th 826.) The declaration of Captain Margaret McCloskey is insufficient because it sets forth generalities and does not preclude the possibility that decedent could have employed precautionary measures to protect himself from asbestos dust even if the Navy prescribed his duties. Decedent's co-worker Benjamin Harris testified that OBAs were available on the Enterprise in case they had to fight a fire and respira...

Excerpt: ...m 2003 is not inconsistent with Plaintiffs' allegations in the FAC that Decedent "worked in close proximity to other plumbers cutting and installing JOHNS MANVILLE (MANVILLE TRUST until 1/1/1983, J‐M MANUFACTURING COMPANY, INC. after 1/1/1983) Transite asbestos‐cement pipe." (Ex. 2 to Request for Judicial Notice [FAC, Ex. A at 59].) Decedent testified that while he did not cut the transite pipe himself, he observed others cutting the pipe wit...

Excerpt: ...eference Cases or, In the Alternative, Motion for Joinder of Cases Pursuant to C.C.P. 378, and to Proceed with Trial by Alternative Means is DENIED. Per Plaintiffs, Reid et al. v. Asbestos Corporation Limited et al. (276734) and Rideaux et al. v. General Electric Company et al. (276777) have been withdrawn from the motion. No opposition filed. Plaintiffs fail to sufficiently show a common question of law or fact as required under C.C.P. 1048 and ...

Excerpt: ...ative Means is DENIED without prejudice. No opposition filed. Plaintiffs fail to sufficiently show a common question of law or fact as required for consolidation and joinder. (C.C.P. 1048(a) and 378(a)(1).) Plaintiffs fail to satisfy the Malcolm factors of common worksite, similar occupation, similar time of exposure, and type of disease. (Malcolm v. Nat'l Gypsum Co. (1993) 995 F.2d 346, 350‐51.) Regarding Plaintiffs' request for the Court to o...

Excerpt: ...t asserting one of those causes of action must allege ultimate facts of the defendant's oppression, fraud, or malice"].) Page 12, line 20 through page 13, line 4 of the complaint are stricken in their entirety. Page 13, item 2 under Prayer for Damages is also stricken. Plaintiffs have ten days to amend the complaint from the date of this Order. If a hearing is requested, it will be on September 24, 2020 at 9:30 a.m. In light of the current public...

Excerpt: ...burden via the factually devoid prong of Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855. Plaintiffs' interrogatory responses restate their allegations and simply provide laundry lists of people and/or documents. (Andrews v. Foster Wheeler LLC (2006) 138 Cal. App. 4th 96, 107.) As to Plaintiffs' claim for false representation, Plaintiffs fail to provide specific evidence showing that a misrepresentation was made. As to Plaintiffs' ca...

Excerpt: ...2001) 25 Cal.4th 826 by demonstrating that Plaintiffs do not possess, and cannot reasonably obtain, evidence that Mr. Van Tassell was exposed to asbestos‐containing products or materials attributable to Defendant. Plaintiffs concede in their interrogatory responses that they "do not currently allege Plaintiff Fred Van Tassell suffered any asbestos exposures while serving in the Navy between the years 1960 to 1980." (Hoye Declaration, Ex. D at 4...

Excerpt: ...posed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855.) Plaintiff testified that Meeks Lumber trucks delivered materials including joint compound to his jobsites in the 1970s, including a tavern/motel in Grenada, California, a Yreka High School project, a tract home project off Turre Street and the Camel tract project off Oberlin Street. (Darrell Grace Deposit...

Excerpt: ...t possess, and cannot reasonably obtain, needed evidence that he was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 855.) Defendant failed to ask follow up questions about Bob Johnson, who Plaintiff testified made purchases with him at the Pacific Coast Building Supply Store. (Triplett Declaration, Ex. B at 667; Scheiding v. Dinwiddie Constr. Co. (1999) 6...

Excerpt: ...dence that he was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Plaintiff testified that insulation dust would fall from the boards when the scaffolding was dismounted and dismantled and dust would float through the air while employees were walking around the process. (Defendant's Ex. E [Houchins Deposition at 746].) Plaintiff also testified that indust...

Excerpt: ...annot reasonably obtain evidence that he was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Defendant failed to show that it conducted comprehensive written discovery designed to elicit all the evidence Plaintiff has to support his claim of exposure. (Weber v. John Crane, Inc. (2006) 143 Cal. App. 4th 1433, 1442.) Plaintiff's objection to Exhibits B and ...

Excerpt: ...s or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Defendant does not address Plaintiff's interrogatory response indicating that he purchased asbestos‐containing plumbers putty at O'Connor Lumber Company in Vallejo, California. (Defendant's Ex. B at 3; Scheiding v. Dinwiddie Constr. Co. (1999) 69 Cal.App.4th 64, 81 [the court "can infer nothing at all with respect to questions which were neither...

Excerpt: ...burden of demonstrating that the convenience of witnesses and the ends of justice will be promoted by transfer. Defendant also failed to post the transfer fees at the time of the filing of the motion under C.C.P. § 399(a). The motion is denied under C.C.P. § 397(a) as Defendant was dilatory in bringing this motion. If a hearing is requested, it will be at 9:30 a.m. A court reporter will not be provided by the court. If any party wishes to have ...

Excerpt: ...onably obtain evidence that he was exposed to asbestos‐ containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Defendant does not address Plaintiff's interrogatory response indicating that he purchased asbestos‐containing plumbers putty at Foster Lumber in Vallejo, California. (Defendant's Ex. C at 2; Scheiding v. Dinwiddie Constr. Co. (1999) 69 Cal.App.4th 64, 81 [the co...

Excerpt: ...tiffs do not possess and cannot reasonably obtain evidence that Plaintiff Rosalyn Johnston was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) That Plaintiff Roderick Johnston's co‐ workers Thomas O'Mahoney, Timothy O'Mahoney, and Leonard Williams lack personal knowledge regarding the asbestos content of gaskets, packing, and valves they tes...

Excerpt: ...f California, Inc.'s Motion for Summary Judgment is denied. Defendant withdrew its motion as to summary adjudication on punitive damages. Defendant failed to sustain its initial burden of demonstrating that plaintiff does not possess and cannot reasonably obtain evidence that Plaintiff Richard Travalini was exposed to asbestos‐containing products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 82...

Excerpt: ...in its initial burden of demonstrating that plaintiffs do not possess and cannot reasonably obtain evidence that decedent Robert Douglas was exposed to asbestos‐containing products or materials attributable to defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) It cannot be inferred that Plaintiff Steven Douglas would have been unable to recognize F.W. Spencer where no follow up questions were asked. (see Weber v. John Crane, ...

Excerpt: ...e Default and Default Judgment Against Defendant Associated Insulation of California is denied. U.S. Fire lacks standing to bring this motion or appear in the action at this time. (W. Heritage Ins. Co. v. Superior Court (2011) 199 Cal. App. 4th 1196, 1205 n. 12 ["Pursuant to Code of Civil Procedure section 387, the trial court has discretion to permit a nonparty to intervene where?the nonparty has a direct and immediate interest in the action...

Excerpt: ...taining products or materials attributable to Defendant. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) For instance, Patricia Glavin's deposition testimony indicates that she identified a photograph of a metal can of Georgia Pacific Joint Compound as the product she saw her father‐in‐law use. (Declaration of Deborah Smith, Ex. G at 76‐77; Errata to Declaration of Jason Rose, Ex. V at Ex. A.) Evidence that UCC was not the on...

Excerpt: ...ecause it did not show that all defendants are subject to jurisdiction there. (See Stangvik v. Shiley, Inc. (1991) 54 Cal.3d 744; American Cemwood Corp. v. American Home Assurance Co. (2001) 87 Cal.App.4th 431.) Defendants also failed to show that the balance of private and public interest factors makes it "just" that the litigation proceed in the alternative forum. If a hearing is requested, it will be at 9:30 a.m. A court reporter will ...

Excerpt: ...s‐containing products or materials attributable to defendant. (Weber v. John Crane, Inc. (2006) 143 Cal.App.4th 1433, 1442.) The burden of production "should not shift without stringent review of the direct, circumstantial and inferential evidence." (Sheiding v. Dinwiddie Construction Co. (1999) 69 Cal.App.4th 64, 83.) Defendant cannot rely on a plaintiff's factually devoid discovery responses in the absence of conducting comprehens...

Excerpt: ...r Gypsum Company, Inc. and Hanson Permanente Cement, Inc. formerly known as Kaiser Cement corporation, into the following subgroups: 1) wrongful death/mesothelioma; 2) living/lung cancer: 3) wrongful death/lung cancer; 4) living/other cancer; 5) wrongful death/other cancer; 6) living/asbestosis; 7) wrongful death/asbestosis; 8) living/pleural disease, is denied. The actions do not involve sufficient common questions of law or fact, economy and co...

Excerpt: ...iffs, Defendant ConocoPhillips failed to sustain its burden of demonstrating that Plaintiffs do not possess and cannot reasonably obtain evidence regarding Plaintiffs' cause of action for premises liability, Plaintiffs' cause of action for loss of consortium, and Plaintiffs' claim for punitive damages. (CCP § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843, 850‐51.) The burden of production "should not ...