Excerpt: ...October 25, 2021, consistent with this Order. An initial hearing was conducted on 9/9/2021. Following that hearing, the Court issued an Order advising that RFPDs Nos. 7 and 16 were overbroad as drafted and advising the parties to meet and confer further regarding attempts to appropriately narrow the RFPD. The Court set a second hearing for the Motion to Compel and Ordered the parties to submit a joint statement regarding any agreements reached in...

Excerpt: ...which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that sa...

Excerpt: ...hall have as costs of suit against Defendant the total amount of $3,613.25. STANDARD OF LAW A prevailing party may recover costs under California law. (See CCP § 1032(a)(4).) "Prevailing party" includes "a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant." (Id.) "Except as otherwis...

Excerpt: ...2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleg...

Excerpt: ...able issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause ...

Excerpt: ... False Representation and Fourth Cause of Action for Intentional Tort and also on the FAC's claim for punitive damages. The Court elects to treat URI's Motion for Summary Judgment as a Motion for Summary Adjudication ("MSA") for the reasons stated hereinbelow. The Court GRANTS this portion of the Summary Adjudication Motion as unopposed by Plaintiff. The Court GRANTS URI's MSA on the FAC's False Representation and Intentional Tort Causes of Actio...

Excerpt: ...d ("PMQs"), custodians of record ("CORs") or senior executives of Vanderbilt and defendant Kelly-Moore Paint Company, Inc. ("KMPC") However, the Opp. Uchimura Declaration fails to properly authenticate these deposition transcripts, most of them do not contain a signed reporter's certificate to authenticate them and Plaintiff has not included portions of the deposition transcripts establishing that the deponents are PMQs, CORs or senior executives...

Excerpt: ... one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (C...

Excerpt: ... to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of ...

Excerpt: ...ding without limitation any motion practice in connection with Plaintiffs' pending written discovery requests. Once this written discovery has been completed, RSCC may bring a renewed Motion for Protective Order. LAW RE: ATTORNEY-CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES AND WAIVER OF THE PRIVILEGES Cal. Evid. Code § 912(a) provides in relevant part: "[T]he right of any person to claim a privilege provided by Section 954 (lawyer- client privil...

Excerpt: ...thout limitation any motion practice in connection with Plaintiffs' pending written discovery requests. Once this written discovery has been completed, RSCC may bring a renewed Motion for Protective Order. LAW RE: ATTORNEY-CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES AND WAIVER OF THE PRIVILEGES Cal. Evid. Code § 912(a) provides in relevant part: "[T]he right of any person to claim a privilege provided by Section 954 (lawyer- client privilege) .....

Excerpt: ...ty to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may [] grant a motion for...

Excerpt: ...resent evidence establishing that this Court has either general personal jurisdiction or specific personal jurisdiction over M-G AG, a German corporation with principal place of business in Germany. Further, Plaintiff's proposed jurisdictional discovery on the "at least" 12 topics listed at p. 15:10-28 of the Opp. MPA are overly broad and unduly burdensome on their face. Plaintiffs may file and serve a Supplemental Opposition no later than Friday...

Excerpt: ...:30 a.m. STANDARD OF LAW "A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the ...

Excerpt: ...t the parties have not adequately met and conferred regarding the breadth of the RFPDs such that the issues before the Court can be appropriately narrowed. Plaintiffs' RFD No. 7 seeks "...any DOCUMENTS REGARDING ASBESTOS policies, procedures, or precautionary measures related to YOUR employees or facilities." Plaintiffs' RFD No. 16 requests: "...any DOUMENTS related to ASBESTOS as a hazardous substance." Chevron's amended response served on 8/6/2...

Excerpt: ...nce, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may [] grant a motion for preference that is accompanied by clear and convincing medical documentation that co...

Excerpt: ...agent that was lightly sprinkled on sheets of paper as they came off a printing press to keep the pages from sticking together. (Plfs.' Resp. to Def.'s Sep. Stmt. ["PRDSS"] ¶ 2.) Ms. Llamas claims she was exposed in the papermaking process when she cut sheets of paper while binding them. (Id. ¶ 3.) Ms. Llamas also claims that the talc used in the dusting agent in the paper she cut was supplied by Vanderbilt. (Id. ¶ 4.) Vanderbilt propounded di...

Excerpt: ...e Motions to Strike challenges the punitive damages allegations and prayer for relief at pp. 30:25-31:14 and 31:20. The Demurrers are SUSTAINED WITH LEAVE TO AMEND; and the Motions to Strike are GRANTED WITH LEAVE TO AMEND IT IS ORDERED THAT Plaintiff shall file and serve an amended complaint no later than Friday, September 17, 2021. STANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. T...

Excerpt: ...nt, you may schedule an appearance. To schedule an appearance, go to the website and click Schedule Now and enter: Case Number Case Name Date of Hearing Time State (enter CALIFORNIA) Judge (enter Jo-Lynne Lee) Participant(s) Appearing Party being represented Select type of hearing Once this information has been entered, you will receive a confirmation page with the dial-in instructions for their remote court appearance. For any questions, contact...

Excerpt: ...ecessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (Fox v. Superior Court (2018) 21 Cal. App. 5th 529, 534.) "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 ...

Excerpt: ...ollowing findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (Fox v. Superior Court (2018) 21 Cal. App. 5...

Excerpt: ... to Stay Entire Action. MOTION TO STAY ENTIRE ACTION Amcord asks the Court to exercise its discretion under Code of Civil Procedure sections 128 and 187 to stay this entire action pending resolution of another action in the Third Judicial Circuit, Madison County, Illinois, captioned Douglas R. Hite v. Dap, Inc., et al., Case No. 2021L 000634. Amcord contends that both actions are substantially similar because in both actions Plaintiff claims that...

Excerpt: ... Section 36(a) is DENIED. STANDARD OF LAW "A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The st...

Excerpt: ...P § 437c(a)(1).) "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bear...

Excerpt: ... merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (CCP § 437c(f)(1).) "A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty." (Id.) MOTION FOR SUMMARY ADJUDICATION Honeywe...

Excerpt: ..."A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or th...

Excerpt: ...ties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference." (CCP § 36(d).) "Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by...

Excerpt: ...� 437c(a)(1).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damage...

Excerpt: ...pp. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the plead...

Excerpt: ...grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may [] grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the par...

Excerpt: ...if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[;] [and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "In its discretion, the court may [] grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties s...

Excerpt: ...e Third Cause of Action of the FAC pleads four distinct fraud-based causes of action: intentional misrepresentation; fraudulent concealment; conspiracy to commit intentional misrepresentation; and conspiracy to commit fraudulent concealment. Defendant Avon demurs to this cause of action arguing that the FAC conclusory allegations are insufficient to state a cause of action for fraud. "A demurrer tests the legal sufficiency of the factual allegati...

Excerpt: ... one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (C...

Excerpt: ...rding whether Richard O'Farrell ("Mr. O'Farrell") was exposed to Defendant's asbestos-containing joint compound in 1976. If any party wishes to contest the tentative ruling, no later than 4:00 PM ONE on Thursday, July 15, 2021, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If a hearing is requested, the hearing will be conducted via Co...

Excerpt: ...dication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either o...

Excerpt: ...RDS FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION "A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (20...

Excerpt: ...more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (CCP § 437c(f)(1).) "A motion for summary a...

Excerpt: ...cretion finds that it would not be in the interests of justice to grant a preference in trial setting absent some evidentiary showing that there is substantial medical doubt of Mrs. Boccio's survival beyond six months or that her interests will be prejudiced if trial is not set to commence in 120 days. (See CCP § 36(d).) However, the Court would be inclined to set a non-preferential trial date in this action for a date prior to the end of 2021, ...

Excerpt: ... OVERRULED. Legal Standard for Demurrer A general demurrer tests the sufficiency of the complaint, i.e., whether it states facts sufficient to constitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § ...

Excerpt: ...y to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amendment of the pleadings, and it is a rare case in which denial of leave to amend can be justified. (See, e.g., Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) "[I]t...

Excerpt: ...y shifts the burden of production of evidence to Plaintiffs William Cook ("Mr. Cook") and Laurel Cook ("Plaintiffs"), the Court finds that Plaintiffs have submitted sufficient evidence in opposition to identify a triable issue of material fact regarding threshold exposure. Defendant's Motion for Summary Adjudication is GRANTED as to Plaintiffs' punitive damages claim. Plaintiffs "waive" the punitive damages claim in footnote 1 of Plaintiffs' brie...

Excerpt: ...0.) However, because NAPA has not timely sought a protective order pursuant to CCP § 2025.420, Plaintiffs' counsel may physically attend the PMQ deposition at an appropriate location pursuant to CCP § 2025.310(b). If any party wishes to contest this Tentative Ruling, no later than 4:00 PM on Thursday, May 28, 2021, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to co...

Excerpt: ...of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the p...

Excerpt: ...ons based on lack of personal jurisdiction. Having reviewed Plaintiffs' 423 page Responsive Separate Statement of Disputed Written Discovery Requests and Responses, the Court finds that large portions of Plaintiffs' discovery impermissibly go beyond the limited discovery allowed by the Court and comes close to a misuse of the discovery process within the meaning of CCP §§ 2023.010(a), (c) and (i), as described more fully below. To begin, Plaint...

Excerpt: ...278") to bring suit against a dissolved Delaware Corporation. (Del. Rules of Court, Rule 15(c); Resource Ventures, Inc. v. Resource Management Internat., Inc. (Del. D.C. 1999) 42 F.Supp.2d 423, 428.) The Demurrer was originally set for hearing on 4/2/2021. By Order of that date, the Court continued the hearing on the Demurrer so that the parties could submit supplemental briefing regarding the legal effect under Delaware law where a lawsuit filed...

Excerpt: ...heard on Tuesday, May 25, 2021 at 9:00 a.m. via ZOOM, which may be accessed through the links set forth below. The Court requests counsel attending please log on 30 minutes prior to the start of the hearing so that all appearances are noted and this matter can be timely called at 9 a.m. Note: this is not a telephonic appearance so your device should be equipped with a video camera. The following is the link and other information regarding the ZOO...

Excerpt: ...ANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and ma...

Excerpt: ...curity Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238.) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider al...

Excerpt: ...ial setting. "Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference." (CCP § 36(e).) Plaintiffs ask that the current August 16, 2021 trial date be designated as a preferential trial date. Mr. Malnar is 64 years old, and was diagnosed with Stage IV lung cancer in April...

Excerpt: ...anuary 25, 2021, Plaintiffs served a notice of deposition with a request for production of documents for the deposition of Carquest's person-most-qualified ("PMQ") and custodian of records ("COR") to commence on February 4, 2021. Carquest served objections on February 1, 2021. The parties dispute whether a dissolved corporation must provide a witness to sit for deposition in defending lawsuits. Carquest objected in part because it is a dissolved ...