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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...