Excerpt: ...Court. (Local Rule 2.7(B).) As to Plaintiff's design defect claims, Defendant failed to demonstrate that it supplied a specific product to the Navy pursuant to a contract and specific MIL‐SPEC that required asbestos between January 1980 through October 14, 1982, as not all packing MIL‐SEPCS specified asbestos as a required ingredient. (Springs Declaration, Ex. H [MIL‐P‐ 17303C].) As to Plaintiff's failure to warn claims, Defendant failed ...

Excerpt: ...or failure to lodge courtesy copies with the Court. (Local Rule 2.7(B).) Defendant sustained its initial burden via the factually devoid prong of Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. Plaintiff's special interrogatory responses demonstrate that Plaintiff does not possess, and cannot reasonably obtain, evidence that Defendant acted with the requisite malice, fraud or oppression to warrant the imposition of punitive damages. (Exs...

Excerpt: ...th the requisite malice, fraud or oppression to warrant the imposition of punitive damages. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) Plaintiff's responses to Defendant's special interrogatories preclude Defendant from successfully invoking the factually devoid prong under Aguilar. The declaration of Donald Trueblood is insufficient to establish that no reasonable jury could find Plaintiff's evidence to constitute cle...

Excerpt: ...ouglas Bell does not possess and cannot 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 does not address Plaintiff's interrogatory responses identifying witnesses Pat Tillman and Robert Lee, or his deposition testimony identifying classmates Pat Tillman, Brenda and Tom Mock, Mel Friedman, and Lee Boek. ...

Excerpt: ...e & Supply, Inc. failed to sustain its burden of demonstrating that Plaintiffs do not possess and cannot reasonably obtain clear and convincing evidence that Defendant Valley Pipe & Supply, Inc. acted with the requisite malice, fraud, or oppression to warrant the imposition of punitive damages. (See Decl. Scott R. Herndon, Exhibit E, Exhibit F, Exhibit G, Exhibit H.) The burden of production "should not shift without stringent review of the d...

Excerpt: ...fect. (2) The demurrer is overruled on its merits. Jeld‐Wen's demurrer to the first cause of action for negligence is overruled. Plaintiff sufficiently alleges a cause of action for negligence. (See Complaint 1‐20.) Jeld‐Wen's demurrer to the second cause of action for products liability is overruled. Plaintiff sufficiently alleges a cause of action for products liability. (See Complaint 3‐4, 21‐36.) Jeld‐Wen's demurrer to...

Excerpt: ...eld Co. (2001) 25 Cal.4th 826. However, the declaration of Charles Ay creates a triable issue whether plaintiff Mike Vandevoir was exposed to asbestos‐containing products or materials (pipe insulation) attributable to defendant. Defendant's objections are sustained as to Exhibit C of Jason Rose's declaration, but overruled as to the declarations of Mike Vandevoir (8) and Charles Ay (48). If a hearing is requested, it will be at 9:30 a.m...

Excerpt: ...r Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. However, plaintiffs created a triable issue of fact as to whether Wismer employees exposed decedent to asbestos dust based on Hanson's testimony that he worked with decedent at Aerojet and that Wismer employees removed insulation and swept up the mess in close proximity to his crew. (Plaintiff's Ex. B (Hanson's July 5, 2018 Deposition) at 26‐29, 33‐37, 39, 43‐44, 58‐59...

Excerpt: ... wrongful death action. Plaintiffs may bring a separate motion to substitute Nadine Amaral and Jodie D. Collins, Jr. as successors‐in‐interest for deceased plaintiff Jodie D. Collins, Sr. If a hearing is requested, it will be at 9:30a.m. A court reporter will not be provided by the court. If any party wishes to have the matter reported, the parties must meet and confer to agree on only one court reporter for any reported matter in this case. ...

Excerpt: ... possess and cannot reasonably obtain evidence that decedent Jeffrey Ebbesen was exposed to asbestos‐containing products or materials attributable to Defendant. Plaintiffs' discovery responses are not factually devoid under Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. If a hearing is requested, it will be at 9:30a.m. A court reporter will not be provided by the court. If any party wishes to have the matter reported, the parties ...

Excerpt: ...Marine Services Company, LLC, a Delaware Limited Liability Corporation's motion for summary judgment is denied. Defendant failed to sustain its burden of demonstrating that Plaintiff does not possess and cannot reasonably obtain evidence that he was exposed to asbestos‐ containing products or materials attributable to Defendant. Statements made during the deposition of William Jellyman preclude Defendant from successfully invoking the factu...

Excerpt: ...ly obtain, clear and convincing evidence that defendant acted with the requisite malice, fraud or oppression to warrant the imposition of punitive damages. Plaintiff's responses to defendant's special interrogatories preclude defendant from successfully invoking the factually devoid prong of Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826. If a hearing is requested, it will be at 9:30a.m. A court reporter will not be provided by t...

Excerpt: ...urden of demonstrating that this Court may exercise specific jurisdiction over defendant. Plaintiffs did not demonstrate (1) that defendant has purposefully established contacts with California, and (2) that their claims arise out of or are related to any forum‐directed activities. Because plaintiffs failed to meet their initial burden, Detroit had no burden to show that the exercise of jurisdiction would be unreasonable. Plaintiffs did not cla...

Excerpt: ... Atlantic Richfield Co. (2001) 25 Cal.4th 826. Defendant's special interrogatories and plaintiff's responses thereto demonstrate that plaintiff does 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 Exhibits 36, 37.) Plaintiff failed to present evidence sufficient to create a triable issue as to whether defen...

Excerpt: ...ce sufficient to create a triable issue whether defendant acted with the requisite malice, fraud or oppression to warrant the imposition of punitive damages. Plaintiffs' complaint, interrogatory responses and Mr. Nichols's deposition testimony are irrelevant to the issue. The admissible portions of the declaration of Barry Castleman and defendant's responses to standard interrogatories are not sufficient to create a triable issue. Eve...

Excerpt: ...ede that defendant sustained its initial burden. Plaintiffs failed to submit admissible evidence to create a triable issue whether Mr. Nichols was exposed to any products attributable to defendant that were removed from and/or installed on a Gardner Denver pump. Mr. Keef's statements in his declaration regarding the supplier of the gaskets contradict his deposition testimony and were not considered. Further, even assuming that plaintiffs subm...

Excerpt: ... prong of Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826 by demonstrating that plaintiffs do not possess, and cannot reasonably obtain, evidence that Mr. Nichols was exposed to asbestos‐containing products or materials attributable to defendant. While plaintiffs' evidence is sufficient to create a triable issue whether Mr. Nichols was exposed to gaskets for which defendant (Peerless) is responsible, plaintiffs failed to submit admi...

Excerpt: ...bastian to perpetuate testimony of Richard Lee Sebastian is denied as untimely. BorgWarner failed to provide sufficient notice as required by C.C.P. sections 1005 and 1010.6 and petitioner objected on this ground. The Court did, however, consider BorgWarner's motion as arguments in opposition to the petition. See ruling on the petition. If a hearing is requested, it will be at 9:30a.m., not 9:00a.m., Hon. Lynn O'Malley‐Taylor presiding....

Excerpt: ...s to issues two and four. As to summary judgment and summary adjudication issues one, three, five and six (first, third, fifth and sixth causes of action), there is no argument that defendant failed to sustain its initial burden. The deposition testimony and declaration of Elijah Davis and the declaration of Charles Ay create a triable issue whether decedent Ted Hebebrand was exposed to asbestos‐containing products or materials (pipe insulation...

Excerpt: ...o its liability, based on the evidence before the Court the statute of limitations has not run. (C.C.P. ? 340.2.) Instead of filing a Doe amendment plaintiff could have filed an amended complaint naming Research‐Cottrell, Inc. as a defendant. Therefore this Court treats plaintiff's Doe amendment the same way it would treat an amended complaint. (Davis v. Marin (2000) 80 Cal.App.4th 380.) Such an amended complaint would be proper because the...

Excerpt: ... action under FELA may be maintained only by decedent's personal representative. (45 U.S.C. ? 59.) It is undisputed that no personal representative has been appointed, therefore no FELA claim may be pursued. This action is stayed pending joinder of a personal representative in compliance with 45 U.S.C. section 59. If and when such personal representative is appointed, plaintiffs shall file a motion to revive the action. If a hearing is reques...

Excerpt: ... Court to conclude that defendant is a predecessor‐in‐interest to Eureka Boiler Works, as identified in the Compromise and Release at issue. Thus defendant did not demonstrate that it is a "Releasee" under the terms of that agreement. Plaintiff's objections to paragraph 4 of Diane Hauger Bonomini's declaration are sustained. If a hearing is requested, it will be at 9:30a.m., Hon. Lynn O'Malley‐Taylor presiding. A court r...

Excerpt: ...aside the default and default judgment entered against defendant Williams & Burrows, Inc. is granted in part and denied in part. Hartford Fire Insurance Company and Nationwide Insurance Co. demonstrated that the Court should invoke its inherent, equitable power to set aside a default judgment on the ground of extrinsic fraud or mistake because they demonstrated a meritorious defense, a satisfactory excuse for not presenting a defense to the origi...

Excerpt: ...e stipulation does not set a new briefing schedule and therefore the Court amends the briefing schedule as follows: supplemental opposition, if any, due by February 21, 2018. Supplemental reply, if any, due by February 27, 2018. The parties have not filed the stipulation and proposed order and they shall do so prior to January 31, 2018 at 9:30a.m. If a hearing is requested, it will be at 9:30a.m. A court reporter will not be provided by the court...

Excerpt: ...aside the default judgment entered against defendant Williams & Burrows, Inc. is granted. Hartford Fire Insurance Company and Nationwide Insurance Co. demonstrated that the Court should invoke its inherent, equitable power to set aside a default judgment on the ground of extrinsic fraud or mistake because they demonstrated a meritorious defense, a satisfactory excuse for not presenting a defense to the original action, and diligence in seeking to...