Excerpt: ...vincing 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).) "Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that sat...

Excerpt: ...o Del. Code Title 8 § 278 ("Del. § 278") , is amended after the expiration of the three-year period to name the dissolved Delaware corporation as a DOE defendant. Plaintiff may serve and file a supplemental opposition brief addressing this question no later than Friday, April 9, 2021, and Defendant may file a supplemental reply brief no later than Friday, April 16, 2021. Courtesy Copies of the supplemental briefs shall be provided to the Court ...

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: ...EQUESTED, the hearing will be conducted on Tuesday, March 30, 2021 at 9:00 a.m. in Dept. 18 by 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 �...

Excerpt: ...tion 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 thereon." (Id.) Further, "the party moving f...

Excerpt: ...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 owed or did n...

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: ...e 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. § 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, 966-6...

Excerpt: ...ufactured the talcum powder sold as the Longs Drugs store brand ("Longs Baby Powder") from 1999 through at least 2002. Plaintiff alleges that the use of Longs Baby Powder in her presence during or after 1999 exposed her to respirable asbestos and was a substantial factor in causing her mesothelioma. LEGAL STANDARDS FOR MOTIONS FOR SUMMARY JUDGMENT "A party may move for summary judgment in an action or proceeding if it is contended that the action...

Excerpt: ...ing, no later than 4:00 PM on Thursday, March 18, 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 not timely contested, and the tentative ruling will become the final order of the Court. LAW "When a defendant challenges jurisdiction through a motion to quash, the plaintiff bears the burden to demonstrate facts, as to each nonresi...

Excerpt: ... 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 Co. (2001) 25 Cal. 4th 826,...

Excerpt: ...ons of Plaintiff's Complaint is GRANTED IN PART and DENIED IN PART as set forth below. "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, ...

Excerpt: ...22.50 no later than Friday, April 16, 2021 to compensate DDC for the reasonable legal fees and costs incurred bringing this motion. RELEVANT LAW CCP § 2024.050 provides in relevant part: "(a) On motion of any party, the court may grant leave to complete discovery proceedings ... closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Sec...

Excerpt: ..., March 4, 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 by CourtCall. If not timely contested, and the tentative ruling will become the final order of the Court. LAW RE: FORUM NON CONVENIENS MOTIONS "Forum non conveniens is an equitable doctrine, codified in Code of Civil P...

Excerpt: ...llowing 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 suffers from an illness or conditi...

Excerpt: ...s 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 suffers from an illness or condition raising substantial medical doubt...

Excerpt: ...s 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 suffers from an illness or condition raising substantial medical doubt...

Excerpt: ...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. (See, e.g., Howard v. County of San Diego (...

Excerpt: ...missal was in error or who was responsible for the error, such that the Court could properly determine that Plaintiff brings this Motion within a reasonable time of learning of the mistake and is entitled to the relief requested. If any party wishes to contest this Tentative Ruling, no later than 4:00 PM on Thursday, February 25, 2021, contesting party must email [email protected] and provide notice to all counsel via File&ServeXpress ...

Excerpt: ...ay obtain discovery 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 ...

Excerpt: ...ed, 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.'" (Yelp, Inc., 17 Cal. App. 5th at 15 [int...

Excerpt: ... or have appeared at the time the Motion was filed, as expressly required by CCP § 36(c)(1). Rather than deny without prejudice, the Court will allow Plaintiffs an opportunity to correct this procedural error, if they can do so. 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 substan...

Excerpt: ...ation") Motion for Summary Judgment is GRANTED. STANDARD OF LAW "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....

Excerpt: ...ents, Sets Two and Three in accordance with this Order, no later than seven (7) days from the date of this Order. As a threshold issue, the City contends that this Motion should be limited to the issue of scope of the discovery requests as it pertains to the Queen Mary, arguing that the other parts of the Motion were not discussed as part of the informal discovery conference. However, the Court finds that it would be a waste of judicial resources...

Excerpt: ...than 4:00 PM ONE on Monday, February 8, 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 COURTCALL. If not timely contested, and the tentative ruling will become the final order of the Court. RELEVANT EVIDENCE In its Moving papers, Honeywell initially points out that Plain...