Excerpt: ...e prepared to discuss the length of the continuance in light of the 5/3/2021 trial date in this action and the specific jurisdictional discovery Plaintiff wishes to conduct. The Tuesday, 2/9/2021 at 3:00 p.m. hearing will be conducted via COURTCALL. RELEVANT EVIDENCE In its Moving papers, Navistar initially points out that Plaintiff's Complaint specifically alleges at pp. 2:2-6 and 2:27-3:1, that Plaintiff was exposed to asbestos in the 1950's an...

Excerpt: ...t may, in furtherance of justice, and on any terms as may be proper, allow a party 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. (S...

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: ...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 his favor bears the burden of persu...

Excerpt: ...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 that one or more defendants eith...

Excerpt: ...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 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...

Excerpt: ...(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 damages . . . ,...

Excerpt: ...vice of process" for lack of specific jurisdiction, "the plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction." (Snowney v. Harrah's Entm't, Inc. (2005) 35 Cal. 4th 1054, 1062.) "If the plaintiff meets this initial burden, then the defendant has the burden of demonstrating 'that the exercise of jurisdiction would be unreasonable.'" (Id.) "When a nonresident defendant challenges personal jurisdiction the ...

Excerpt: ...n 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 his favor bears the burden of per...

Excerpt: ...nd (b), which provide: "(a) (1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon...

Excerpt: ...a protective order." (CCP § 2025.420(a).) "The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense." (CCP § 2025.420(b).) "This protective order may include, but is not limited to, one or more of the following directions: . . . [t]hat the deposition be taken only on certa...

Excerpt: ...ause 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 adjudication shall be granted only if it completely disposes of a cause of action, an aff...

Excerpt: ...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 bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of materia...

Excerpt: ... by a preponderance of evidence." (Strasner v. Touchstone Wireless Repair & Logistics, LP (2016) 5 Cal.App.5th 215, 221-222.) A defendant's "minimum contacts" with California can establish the Court's personal jurisdiction over the defendant in two ways: generally (i.e., as to all claims and causes of action) or specifically (i.e., as to causes of action related to the contacts themselves). (See Bristol-Meyers Squibb Co. v. Superior Court of Cali...

Excerpt: ...a protective order." (CCP § 2025.420(a).) "The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense." (CCP § 2025.420(b).) "This protective order may include, but is not limited to, one or more of the following directions: . . . [t]hat the deposition be taken only on certa...

Excerpt: ...dditional Orders of Court set forth below. 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 �...

Excerpt: ...t 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).) 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 ...

Excerpt: ...e 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 six months, and that satisfies the court that the interests of justice will b...

Excerpt: ...alth 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 six months, and that satisfies the ...

Excerpt: ....m. in Dept. 18 subject to the additional Orders of Court set forth below. 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 int...

Excerpt: ...ld on the first day of trial. 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 i...

Excerpt: ...[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. 5th 529, 534.) "An affidav...

Excerpt: ... 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 his favor bears the burden of persuasion thereo...

Excerpt: ...ng." (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 his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgm...

Excerpt: ...).) "[S]ection 36 was enacted for the purpose of assuring that an aged or terminally ill plaintiff would be able to participate in the trial of his or her case and be able to realize redress upon the claim asserted." (Looney v. Superior Court (1993) 16 Cal. App. 4th 521, 532.) "Such a preference is not only necessary to assure a party's peace of mind that he or she will live to see a particular dispute brought to resolution but it can also have s...

Excerpt: ...ts.ca.gov and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. If contested, the hearing will be conducted via COURTCALL. If not timely contested, and the tentative ruling will become the final order of the Court. STANDARD OF LAW CCP § 36 provides in relevant part: "(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentat...

Excerpt: ...ete, verified, code-compliant, further responses to the Standard Interrogatories Nos. 33-34, 36, 40-41 and 50-53 pursuant to this Order. MOTION TO COMPEL Plaintiff seeks to compel further responses to her Interrogatory Nos. 33-34, 36, 40- 41 and 50-53. Plaintiff contends that Colgate has improperly imposed objections and evasive answers as to these interrogatories. In this action, Plaintiff alleges that she was exposed to asbestos in the Cashmere...

Excerpt: ...n Thursday, December 10, 2020, 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 COURTCALL. If not timely contested, and the tentative ruling will become the final order of the Court. RELEVANT EVIDENCE TCNA presents evidence in its moving papers that it is a not-for-profit trade ...

Excerpt: ... 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 that one or more de...

Excerpt: ... The settlement agreement states there will be attorneys' fees of up to $115,000 (33%), costs of up to $17,000, a service award of $15,000 for each of four class representatives, and settlement administration costs of $6,500.and a net PAGA payment of $2,015. After these expenses of $198,500, the class would get $141,500. The average payout per class members would be $4,744. The settlement agreement also includes AC Transit policy changes. (Settle...

Excerpt: ...st Amended Complaint is hereby DISMISSED. STANDARD 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 ...

Excerpt: ...oinder of Defendant J-M Manufacturing's Motion to Transfer Venue is also DENIED. LAW RE: VENUE TRANSFER MOTIONS In bringing a motion to transfer venue, "[t]he moving party must overcome the presumption that the plaintiff has selected the proper venue." (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) It is a defendant's "burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds." (Id....

Excerpt: ... being treated in Texas. On 9/11/20, the court granted CCP 36 trial preference. On 10/28/20, J&J moved to stay or dismiss based on forum non conveniens. There is no time limit for filing a motion to stay based on inconvenient forum. The motion was timely. There is no prejudice to Plaintiffs in the delay because the case can be re-filed in Texas and all Defendants have agreed not to assert the statute of limitations as a defense in Texas. The moti...

Excerpt: ... "[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 bears an initial burd...

Excerpt: ...oinder of Defendant J-M Manufacturing's Motion to Transfer Venue is also DENIED. If any party wishes to contest the tentative ruling, no later than 4:00 PM on Thursday, 11/19/2020 hearing 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 party timely requests a hearing, THE HEARING WILL BE CONDUCTED ON TUESDAY, DECEMBER 1, 2020 at 3:0...

Excerpt: ...case. On 7/10/20 Plaintiff disclosed in interrogatory responses that she lived in Texas and that she was being treated in Texas. On 8/14/20, Plaintiff testified in deposition that she lived in Texas and was being treated in Texas. On 9/11/20, the court granted CCP 36 trial preference. On 10/28/20, J&J moved to stay or dismiss based on forum non conveniens. There is no time limit for filing a motion to stay based on inconvenient forum. The motion ...

Excerpt: ...ED in its entirety. If any party wishes to contest the tentative ruling, no later than 4:00 PM ONE on Thursday, November 19, 2020, 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 ON TUESDAY, DECEMBER 1, 2020 at 3:00 p.m. via COURTCALL. If not timely contested, and the tentative rul...

Excerpt: ...ntation Causes of Action AND DENIED IN PART as to the remaining fraud and punitive damages claims. STANDARD OF LAW "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 mer...

Excerpt: ...ant's "new" evidence, even assuming that Defendant could not have obtained it earlier, is insufficient to create triable issues of material fact regarding any of Defendant's Sixth, Seventh, Ninth and Twentieth Affirmative Defendants. LEGAL STANDARDS "When an application for an order has been made to a judge, or to a court, and . . . granted . . . any party affected by the order may, within 10 days after service upon the party of written notice of...

Excerpt: ...tions to Mr. West. The MSA with respect to Plaintiffs' Fourth Cause of Action for Fraudulent Non- Disclosure and claim for punitive damages is GRANTED. Plaintiffs' written discovery responses are "factually devoid," and in Opposition to the MSA Plaintiffs present insufficient affirmative evidence to create triable issues of material fact regarding both Plaintiffs' Fourth Causes of Action and their punitive damages claim. The Court tentatively DEN...

Excerpt: ...on, 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."...

Excerpt: ...n 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. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who ...

Excerpt: ...ontest the tentative order. If a hearing is requested, the hearing will be conducted via COURTCALL. If not timely contested, and the tentative ruling will become the final order of the Court. 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 no merit or that there is no defense to the action or proceeding." (CCP § 437c...

Excerpt: ...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 COURTCALL. If not timely contested, and the tentative ruling will become the final order of the Court. LEGAL STANDARDS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION MOTIONS "A party may move for summary judgment in an action or pr...

Excerpt: ...ant's Motion for Summary Adjudication. On the afternoon of Friday, 10/23/2020, Defendant submitted a portion of the deposition transcript of percipient witness Dennis Russell ("Dennis") in which Dennis' counsel stipulated on the record that Dennis would not be providing product identification testimony regarding Defendant's asbestos- containing products. (See Further Suppl. Yim Dec. Exh. B.) In consideration of this additional evidence, the Court...

Excerpt: ...rit or that there is no defense to the action or proceeding." (CCP § 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 ...

Excerpt: ...ay petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole[;] [and] (2) The 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 m...

Excerpt: ...rit or that there is no defense to the action or proceeding." (CCP § 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 ...

Excerpt: ...an 4:00 PM on Thursday, October 22, 2020, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. IF CONTESTED, THE HEARING WILL BE CONDUCTED ON TUESDAY, OCTOBER 27, 2020 at 3:00 p.m. in Dept. 18 via COURTCALL. If not timely contested, and the tentative ruling will become the final order of the Court. LEGAL STANDARDS FOR MOTIONS FOR SUMMARY JUDGM...

Excerpt: ...l. 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 alleged in the p...

Excerpt: ...ct to the additional Orders of Court set forth below. 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 litigati...

Excerpt: ... 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 his favor bears the burden of persuasion ...

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).) "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 su...

Excerpt: ...ed at Defendant's stores in San Jose and Brentwood between 1982 and 2018. The Court DENIES Defendant's alternative Motion for Summary Adjudication in its entirety. If any party wishes to contest this tentative ruling, no later than 4:00 PM ONE (1) COURT DAY prior to the 10/1/2020 hearing (exclude Saturday, Sunday and national holidays) contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress...

Excerpt: ...pedited and narrowly focused discovery on the issue of whether this Court has personal jurisdiction over H&V. No later than the close of business on Friday, October 2, 2020, Plaintiffs may serve by electronic transmission Requests for Production of Documents and/or a Notice of Deposition of H&V's Person Most Qualified ("PMQ") (CCP § 2025.230) with respect to information and documents tending to show whether the State of California has specific p...

Excerpt: ...or 9/25 CMC. STANDARD OF LAW "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 six months, and that satisfies the court that the interests of justice will be served by granting the preference." (CCP § 36(d).) MOTION FOR P...

Excerpt: ...l. 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 alleged in the p...

Excerpt: ... notice of deposition and request for production of documents for the deposition of PGCRG's person-most-qualified ("PMQ") and custodian of records ("COR") to commence on June 22, 2020. PGCRG served objections to the deposition and to the various document requests on June 11, 2020. The parties dispute whether a dissolved corporation must provide a witness to sit for deposition in defending lawsuits. PGCRG was a California corporation that was diss...

Excerpt: ...nsultant pathologist and a professor at the School of Medicine, Cardiff University. (Declaration of Richard L. Attanoos ["Attanoos Dec."] ¶ 2.) Dr. Attanoos states that not all mesotheliomas are caused by asbestos exposure, and some are naturally occurring. (Id. ¶¶ 12, 15.) He explains that researchers have reported genetic mutations to be associated with the development of mesothelioma, such as studies that have demonstrated the frequency of ...

Excerpt: ...t GRANTS Defendant's Motion for Summary Adjudication of Plaintiff's claim for punitive damages. Plaintiffs' discovery responses are "factually devoid" on the issue of punitive damages, and Plaintiffs fail to present affirmative evidence upon which a reasonable jury could find by clear and convincing evidence Defendant's malice, oppression or fraud towards Mr. Reyes. LEGAL STANDARDS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION MOTIONS "A party ma...

Excerpt: ...wder that was allegedly contaminated with asbestos. Mr. Reyes has been diagnosed with mesothelioma. The Complaint of plaintiffs filed 1/29/20 asserts claims of (1) strict liability, (2) negligence, and (3) fraud, with the fraud claim subdivided into (a) fraudulent misrepresentation, (b) fraudulent concealment, (c) conspiracy to commit fraudulent misrepresentation, and (d) conspiracy to commit fraudulent concealment. The complaint also states a pr...

Excerpt: ...reference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole[;] [and] (2) The 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 tha...

Excerpt: ...in Department 18. 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) The party has a substantial interest in the action as a whole[;] [and] (2) The 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...

Excerpt: ...alth 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. 5th 529, 534.) "An affidavit submitted in support of a motion for preference under subdivision (a) of Section...

Excerpt: ...laintiffs Request for Monetary Sanctions with respect to the Dieden Rogs Motion is DENIED. Plaintiffs' Motion to Compel Defendant's Further Responses to Plaintiff's Special Interrogatories, Set One (the "Special Rogs"), Nos. 1-28 is GRANTED IN PART and DENIED IN PART as set forth in detail below. Plaintiff shall serve verified Further Responses to Special Rogs Nos. 1-24 no later than Thursday, 10/1/2020. The Court AWARDS Plaintiffs monetary sanct...

Excerpt: ...rought asbestos home with him after work on fire hydrants at public water utilities. Thus, the parties focus on whether the bother was exposed to asbestos. ALL CAUSES OF ACTION - THRESHOLD EXPOSURE McWane contends that Plaintiff has not established a disputed question of material fact concerning plaintiff's exposure to asbestos through his brother. Plaintiff must establish "(1) "some threshold exposure," and (2) "legal cause." (Turley v. Familian...

Excerpt: ...eyond 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 granting this preference." (CCP § 36(e).) MOTION FOR PREFERENCE Plaintiff provides the declaration of...

Excerpt: ...nc. ("ABCO") to Standard (Dieden) Interrogatories; (3) further, objection-free responses from defendant ABCO to Plaintiff's special discovery (Plaintiff's First Sets of Special Interrogatories Nos. 1-35, Requests for Production of Documents, Nos. 1-198, Requests for Admissions Nos. 1-33, and Form Interrogatories Nos. 1.1, 1.3, 3.1-3.7, 4.1, 4.2, 15.1, 16.1-16.10 and 17.1); (4) for monetary sanctions against defendant ABCO in the amount of $4,660;...

Excerpt: ...f 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 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...

Excerpt: ... Friday 9/4/2020 hearing contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentative order. IF CONTESTED, the matter will be heard via COURTCALL at the time and date of the scheduled hearing. If not timely contested, and the tentative ruling will become the final order of the Court. LEGAL STANDARDS "[A] civil litigant's right to discovery is broad." (Yelp ...

Excerpt: ... April 15, 2020, Plaintiffs served a notice of deposition and request for production of documents for the deposition of Republic's person-most-qualified ("PMQ") and custodian of records ("COR") to commence on May 12, 2020. Republic served objections on May 6, 2020. The parties dispute whether a dissolved corporation must provide a witness to sit for deposition in defending lawsuits. Republic was a California corporation that was dissolved in Apri...

Excerpt: .... (People v. Sanchez (2016) 63 Cal.4th 665, 675-686.) (Tamblin Dec., paras 28-37 and Exhs 6-14.) The parties are to be prepared to discuss whether Templin can rely on the discovery responses of manufacturers of joint compound to form an expert opinion because they are verified discovery responses and therefore presumptively reliable information. (Tamblin Dec., paras 28-37 and Exhs 6-14.) The parties are to be prepared to discuss whether Templin h...

Excerpt: ...ce, 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 standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a docto...

Excerpt: ...reference is necessary to prevent prejudicing the party's interest in the litigation. Fox v. Superior Court (2018) 21 Cal.App.5th 529, 533-536, makes clear that if the court makes three findings, then the court must grant the motion. The first finding is whether the moving party is over 70 years of age. The requirement reflects a legislatively acknowledged risk of death or incapacity due to age. (Kline v. Superior Court (1991) 227 Cal.App.3d 512,...

Excerpt: ...e Sukamato's ("Plaintiff") Motion for Reconsideration is DENIED. STANDARD OF LAW FOR MOTION FOR RECONSIDERATION "When an application for an order has been made to a judge, or to a court, and . . . granted . . . any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made th...

Excerpt: ... the mid-1960s. (PMF 9) KG warned its employees about asbestos starting in the mid-1960s. (PSSF 9-19.) KG did not place warnings on its asbestos containing products, including joint compound, until 1972. (PMF 21.) Plaintiff worked as a carpenter form 1960-1979. (PSSF 1) Plaintiff worked with KG joint compound. (PSSF 5-6.) Plaintiff never saw a warning of a bag of KG joint compound. (PSSF 7.) THIRD CAUSE OF ACTION The motion for summary adjudicati...

Excerpt: ...little (collectively, "Individual Defendants"), and First United Credit Union ("First United") (collectively, "Defendants"). In this action, Broadmoor alleges that the Individual Defendants planned an ouster of Pastor Marcia Flagg ("Flagg") and a takeover of the Board of Directors of Broadmoor by calling an improperly noticed meeting to insert a new unelected Board of Directors. (Second Am. Compl. ¶ 15.) Broadmoor alleges that Porter caused a St...

Excerpt: ...rsuant to Quine Defendants' subpoena on a mutually agreeable date and time. STANDARD OF LAW "If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion . . . may make an order . . . directing compliance with it upon those terms or conditions as the court sha...

Excerpt: ...erved on the USS Mount Katmai in or around March 1973 when the ship was being prepared for de-commissioning. LEGAL STANDARDS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION MOTIONS "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 t...

Excerpt: ...ive damages against KG. (UMF 1) Plaintiff testified in deposition that he performed "side jobs" installing drywall in various Bay Area cities in the 1960s to early 1970s. Plaintiff testified that he used various brands of joint compounds. (UMF 8) Plaintiff testified that he used KG joint compound in the 1960s to early 1970s. (UMF 12) KG manufactured asbestos containing joint compound until 1976. (PMF 20.) KG did not place warnings on its asbestos...

Excerpt: ...rrer to the Complaint of Plaintiffs Rosalino Reyes III and Gemma Reyes (collectively, "Plaintiffs"), Fourth Cause of Action for Fraud, is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs shall file and serve a First Amended Complaint within 10 days of the date of this order. STANDARD 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 d...

Excerpt: ...re not authorized by CCP § 1033.5(a). In all other respects, the Court DENIES the Motion. The Court ORDERS that Defendant shall have as costs of suit against Plaintiffs the total amount of $2,104. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Thursday, July 23, 2020, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentati...

Excerpt: ...mand has been directed, and any other party or affected person, may promptly move for a protective order." (CCP § 2031.060(a).) "The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense." (CCP § 2031.060(b).) "This protective order may include, but is not limited to, one or more of the following directions:...

Excerpt: ...curred by Defendant on February 4, 11, 17, 21 and March 5, 2020 for an attorney service to file papers on behalf of Defendant in this action in the total amount $564, because such costs are not authorized by CCP § 1033.5(a). In all other respects, the Court DENIES the Motion. The Court ORDERS that Defendant shall have as costs of suit against Plaintiffs the total amount of $2,104. STANDARD OF LAW A prevailing party may recover costs under Califo...

Excerpt: ...le date and time no later than fourteen (14) days from the date of this Order. IT IS FURTHER ORDERED THAT Longs and Safeway provide Plaintiffs a privilege log for any documents withheld on the basis of attorney-client privilege or work product protection prior to the deposition(s). Plaintiffs' request for sanctions is DENIED. STANDARD OF LAW "If, after service of a deposition notice, a party to the action or an officer, director, managing agent, ...

Excerpt: ...r 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: ...Southern Auto Supply, Genuine Parts Company, Hanson Permanente Cement, Inc., Goodman Building Supply Company, Honeywell International, Inc., Morse Tec LLC, Pneumo Abex LLC, Toyota Motor Sales, U.S.A., Inc., and Truitt & White Lumber Co.'s (collectively, "Defendants") Motion to Compel Plaintiffs Steven J. Watts ("Mr. Watts") and Cindy L. Watts (collectively, "Plaintiffs") a Compliant Privilege Log is GRANTED IN PART. "If an objection [to an inspec...

Excerpt: ...h 91, 96.). Defendant seeks summary adjudication of Plaintiff's allegation that he was exposed to respirable asbestos from Defendant's asbestos-containing talc incorporated into joint compounds and paints around which Plaintiff worked. However, Plaintiff's Responses to Defendant's Special Interrogatories also state that Plaintiff was exposed to Defendant's asbestos- containing talc incorporated into Old Spice perfumed talc. The MSA is silent as t...

Excerpt: ...scovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action . . . if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP § 2017.010.) "[S]tatutes governing discovery 'must be construed liberally in favor of disclosure unless the request is clearly improper by virtue of well-established causes for denial.'...

Excerpt: ...for pro per parties and for the forensic accountant. Prior approval not required to appear via CourtCall. Contact CourtCall, an independent vendor, at least three business days before the scheduled conference. Call 1-888-882-6878, or fax a service request to (888) 882-2946. If you are representing yourself or your are the forensic accountant you should advise CourtCall that the court has waived fee for this appearance. The following is the Court'...

Excerpt: ...ch 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 also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes ...

Excerpt: ...In opposing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) "The presumption is, in the absence of an affirmative showing in that particular, that the county in which the title of the action shows that it is brought is, prima facie, the proper county[.]" (Quick v. Co...

Excerpt: ...llectively, "Defendants") Motion to Compel Plaintiffs Steven J. Watts ("Mr. Watts") and Cindy L. Watts (collectively, "Plaintiffs") a Compliant Privilege Log is CONTINUED to 10:00 AM on 08/14/2020 in Department 18, Civil Law and Motion, Administration Building, 1221 Oak Street, Oakland. "If an objection [to an inspection demand] is based on a claim of privilege or a claim that the information sought is protected work product, the response shall p...

Excerpt: ...an expert[;] (b) [s]ubmit an expert witness declaration[;] (c) [p]roduce reports and writings of expert witnesses[;] (d) [m]ake that expert available for a deposition[.]" (CCP § 2034.300.) MOTION Plaintiffs ask that the Court issue an order permitting the deposition of John Templin ("Templin"), Plaintiffs' expert in industrial hygiene, even though expert discovery has closed. Plaintiffs identified Templin as one of its experts in the field of in...

Excerpt: ...s against Defendant barred by an exclusive workers compensation remedy under Privette v. Superior Court (1993) 5 Cal.4th 689 and Melendez v. Ameron International (2015) 240 Cal.App.4th 632. Further, the Court finds that Defendant has not met its initial burden to produce evidence showing that there are no disputed issues of material fact with respect to Defendant's Motion for Summary Adjudication of Plaintiffs' punitive damages claim. LEGAL STAND...

Excerpt: ...fn. 2.) Therefore, Defendant's motion for summary adjudication of the punitive damage claims is GRANTED. Defendant's motion for summary judgment is DENIED for the reasons set forth below. Plaintiffs contend that plaintiff Robert G. Fenstermacher was exposed to respirable asbestos fibers from Defendant's asbestos-containing steam traps while serving in the U.S. Navy aboard the U.S.S. Bon Homme Richard from 1965 to 1967. LEGAL STANDARDS FOR MOTIONS...

Excerpt: ...e et al (Plaintiffs') shall not attempt to introduce the 1990 Dore Letter, as defined hereinbelow, into evidence at trial, deposition or via Motion and is otherwise prohibited from using or referring to the 1990 Dore Letter in any manner or for any purpose during the course of this litigation. Plaintiffs do not dispute that the 1990 Dore Letter contains attorney-client and attorney work product privileged communications. Instead, Plaintiffs conte...

Excerpt: ...re not authorized by CCP § 1033.5(a). In all other respects, the Court DENIES the Motion. The Court ORDERS that Defendant shall have as costs of suit against Plaintiffs the total amount of $2,104. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Thursday, July 23, 2020, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress of the intent to contest the tentati...

Excerpt: ...protective orders." (CCP § 1987.1(a).) "In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person." (Id.) "[D]iscovery statutes are to be construed broadly in favor of disclosure, so as to uphold the right to discovery whenever possible." (Puerto v. Superior Court (2008) 158 Cal. App. 4th 1242, 1249.)...

Excerpt: ... 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 six months, and that satisfies the court that the interests of justice will be served by granting the preference." (CCP § 36(d).) Further, "the court may in its discretion grant a motion for preference that is supported by a...