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