Excerpt: ...gations 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 matters of which judicial notice has been taken." (Id.) "As a general rule ...

Excerpt: ...basis not inconsistent with the Constitution of this state or of the United States." (CCP § 410.10.) "[W]hen a defendant moves the trial court to quash service of summons for lack of personal jurisdiction, the plaintiff has the initial burden of proving that sufficient contacts exist between the defendant and California to justify the exercise of personal jurisdiction." (Pedus Bldg. Servs., Inc. v. Allen (2002) 96 Cal. App. 4th 152, 161 [interna...

Excerpt: ...parties 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).) PLAINTIFF'S EVIDENCE Plaintiffs provide deposition testimony by Mr. Watts stating that he is 60 years old. (Plfs.' Ex. A at 16:12-15.) Plaintiffs also provide the declaration of Robert J. Fallat, M.D. ("Dr. ...

Excerpt: ...endant shall serve verified Responses to RFAs Nos. 1-35 admitting or denying each RFA without objections no later than fifteen (15) days after entry of this Order. In opposition to the Motions to Compel, Defendant principally argues that when Judge Kaus granted an ex parte application continuing trial in this case, he was without authority to also order that discovery deadlines would be governed by the new trial date. At the time of the ex parte ...

Excerpt: ...tiffs fail to submit sufficient evidence to create a triable issue of material fact regarding whether the franchisee was an agent of Defendant rather than an independent contractor. Defendant's Motion for Summary Adjudication is DENIED as moot. If any party wishes to contest the tentative ruling, no later than 4:00 PM two (2) court days prior to the hearing (exclude Saturday, Sunday and national holidays) contesting party must email dept.18@alame...

Excerpt: ... telephonic hearing please call 888- 214-9934. The password is Alameda2020. If not timely contested, and the tentative ruling will become the final order of the Court. Defendant Calaveras Natural Resources, Inc.'s ("Defendant") Motion for Summary Judgment is GRANTED. Defendant's Motion for Summary Adjudication is DENIED AS MOOT. TIMELINESS OF MOTION PAPERS Defendant objects to Plaintiffs Ricardo Ocampo ("Mr. Ocampo") and Elvia Ocampo's ("Mrs. Oca...

Excerpt: ...n interest to Square D Company ("Square D"), an electronics manufacturer, whom Plaintiffs allege is responsible for some asbestos- containing circuit breaker boxes around which plaintiff Ronald Wilgenbusch ("Mr. Wilgenbusch") worked during his 20+ year U.S. naval career. LEGAL STANDARDS FOR MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION "A party may move for summary judgment in an action or proceeding if it is contended that the action has...

Excerpt: ... the court finds that the party does not have a substantial interest in the case as a whole." (CCP § 36(b).) "A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision." (Id.) On September 19, 2019, Plaintiffs brought this case against Defendants arising from the death of Decedent Daniel S. Dena as a result of mesothelioma. Decedent's daughter, Ariana Dena ("Ariana") is eleven years old. (Index o...

Excerpt: ... the court finds that the party does not have a substantial interest in the case as a whole." (CCP § 36(b).) "A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision." (Id.) On September 19, 2019, Plaintiffs brought this case against Defendants arising from the death of Decedent Daniel S. Dena as a result of mesothelioma. Decedent's daughter, Ariana Dena ("Ariana") is eleven years old. (Index o...

Excerpt: ...nterest to Allen-Bradley ("Allen-Bradley"), an electronics manufacturer, whom Plaintiffs allege is responsible for some asbestos- containing circuit breaker boxes around which plaintiff Ronald Wilgenbusch ("Mr. Wilgenbusch") worked during his 20+ year U.S. naval career. LEGAL STANDARDS FOR MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION "A party may move for summary judgment in an action or proceeding if it is contended that the action has ...

Excerpt: ...joint tortfeasor of Lorillard, where this Court has already conclusively adjudged in Berg v. Alta Bldg. Materials, RG 17-84928 (the "Prior Action,)" an asbestos torts action to which all of Plaintiffs, Defendant and Lorillard were parties, that Defendant is not a tortfeasor with respect to Plaintiffs or a joint tortfeasor with respect to Lorillard. ALLEGATIONS OF PLAINTIFFS' PRESENT COMPLAINT AND OTHER RELEVANT FACTS Plaintiff's Complaint in the ...

Excerpt: ... 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 owed or did not owe a ...

Excerpt: ...entiality is required by law, court records are presumed to be open." (Cal. Rules of Court, Rule 2.550(c).) "The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) [t]here exists an overriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prej...

Excerpt: ... 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).) Noably, "[t]he standard under subdivision (a), ..., includes no requirement of a doctor's declaration." (Fox v. Superior Court (2018) 21 Cal. App. 5th 529, 534.) "To the contrary, a motion under subdivision (a) may be supported by nothing more t...

Excerpt: ...Defendant Eaton is the successor in interest to Cutler-Hammer Inc. ("Cutler- Hammer"), an electronics manufacturer, whom Plaintiffs allege is responsible for some asbestos-containing circuit breaker boxes around which plaintiff Ronald Wilgenbusch ("Mr. Wilgenbusch") worked during his 20+ year U.S. naval career. LEGAL STANDARDS FOR MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION "A party may move for summary judgment in an action or proceedi...

Excerpt: ...campo") and Elvia Ocampo's ("Mrs. Ocampo") (collectively, "Plaintiffs") Opposition as untimely. Plaintiffs filed their Opposition to this Motion on March 3, 2020, ten calendar days before the hearing date. The Court's December 17, 2019 Trial Setting Order states that oppositions for Motions for Summary Judgment are due 10 days before the hearing. (Dec. 17, 2019 Trial Setting Order at p. 4 [see ¶ 16].) Thus, the Opposition is timely. Defendant's ...

Excerpt: ...r a total of $1,250.000. The settlement agreement states there will be attorneys' fees of up to $416,666.67 (33%), costs of up to $20,000, a service award of $10,000 for the class representative, and settlement administration costs of $20,000. After these expenses, the class would get $783,333.33. The average payout per class members would be $653. The settlement was mediated with the assistance of Jeffrey Ross. The court gives "considerable weig...

Excerpt: ...ion 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 also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond...

Excerpt: ...gs: (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).) Notably, "[t]he standard under subdivision (a), ..., includes no requirement of a doctor's declaration." (Fox v. Superior Court (2018) 21 Cal. App. 5th 529, 534.) "To the contrary, a motion under subdivision (a) may be s...

Excerpt: ...ntial 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).) "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 upon information and belief as to the medical diagnosis and prognosis of any party." ...

Excerpt: ... Defendant, namely Selbalith "Navy Magnesite," a product which manufacturer and licensor Selby-Battersby Company ("SBC") has admitted contained 2% to 3% asbestos in its dry form until at least 1969 and which substantially matches the description of large bags of "magnesite" applied and sanded by Defendant's agents in plaintiff's presence in late 1962 or early 1963 on the USS Gridley. Defendant's Motion for Summary Adjudication ("MSA") with respec...

Excerpt: ...ype of metal worker, between approximately the late 1950's and the late 1970's. Defendant targets the threshold exposure sub-element of the essential element of causation by attempting to show that "the plaintiff does not possess, and cannot reasonably obtain, needed evidence-as through admissions by the plaintiff following extensive discovery to the effect that he has discovered nothing." (See Rutherford v. Owens-Illinois, Inc. (1997) 16 Cal.4th...

Excerpt: ..., 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 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.) "[T]he party moving f...

Excerpt: ...f 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. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in...

Excerpt: ...adjudication with respect to which Plaintiff has failed to serve timely oppositions. Further, Plaintiff has not timely sought relief for a problem which Plaintiff's counsel was aware of since at least 11/27/2019. FACTUAL AND PROCEDURAL BACKGROUND A Trial date of 3/16/2020 was set in the present action on 5/22/2019. (See 5/22/2020 Case Management Order.) On 7/1/2019, Plaintiff's counsel, who has considerable experience representing plaintiffs in a...