On December 10, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Patsy Young,
and
Aventis Inc.,
Avon Products, Inc.,
Block Drug Company, Inc.,
Block Drug Corporation,
Brenntag North America, Inc.,
Brenntag Specialties, Inc. F K A Mineral Pigment Solutions, Inc.,
Charles B. Chrystal Company, Inc.,
Chattem, Inc.,
Colgate-Palmolive Company,
Cyprus Amax Minerals Company,
Cyprus Mines Corporation,
Glaxosmithkline Llc (Sued Individually And As Successor-In-Interest To Block Drug Corporation, Successor-In-Interest To The Gold Bond Sterilizing Powder Company A K A The Gold Bond Company And As A Successor-In-Interest To Novartis Corporation And
Novartis Consumer Health Inc.),
Gsk Consumer Health, Inc. F K A Novartis Consumer Health Inc. F K A Ciba Self-Medication, Inc.,
Insight Pharmaceuticals Corporation, A Subsidiary Of Prestige Brands Holdings, Inc.,
Insight Pharmaceuticals Llc,
Macy'S Inc. F K A Federated Department Stores, Inc.,
Novartis Pharmaceuticals Corporation,
Prestige Brands Holdings, Inc.,
Prestige Consumer Healthcare Inc. F K A Prestige Brands, Inc.,
Sanofi-Aventis U.S. Llc,
Sanofi Us Services, Inc.,
Whittaker Clark & Daniels, Inc.,
for Torts - Asbestos
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 03/03/2023
EXHIBIT 38
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 03/03/2023
RLED
Superior Court of California
County of Los Angeles
2
JUN16M
3 Sherri R 07rV Executive Officer/Clerk
BY _ Deputy
5
RECEIVED
Central Civil West
6
7 mN 15 M
Date Processed:
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FORTHECOUNTYOFLOSANGELES
11
12 LAOSD ASBESTOS LITIGATION JCCP Case No.: 4674
[Assigned to the Hon. John J. Kralik, Dept. 316]
13 Coordinated Proceeding Special Title (Rule 3.550)
ELIZABETH M. ALFARO, Case No.: BC583520
14
Plaintiff, -!BBBBSSED] ORDER GRANTING
15 DEFENDANT COLGATE-PALMOLIVE
vs. COMPANY'S MOTION FOR A PARTIAL
16 NONSUIT ON PUNITIVE DAMAGES
AMERICAN TALC CO., individually and as
17 successor to SUZORITE MINERAL
PRODUCTS., f/k/a PIONEER TALC CO., a
18 wholly-owned subsidiary of WORLD
COMPANIES, et al.,
19
Defendants.
20
Complaint Filed: May 29, 2015
21 Trial Date: April 26, 2016
22
23 Defendant Colgate-Palmolive Company's Motion for Judgment of Nonsuit was heard in
24 Department 316 of the Los Angeles Superior Court, Central Civil West Courthouse, the Honorable
25 John J. Kralik presiding. Counsel for all parties were present and the hearing on the Motion was
26 made on the record following the presentation of Plaintiff's evidence. After full consideration of the
27 evidence presented in Plaintiff's case and the arguments of counsel for both Plaintiff and Defendant,
28 the Court orders as follows:
ORDER GRANTING DEFENDANT COLGATE-PALMOLIVE COMPANY'S MOTION FOR A
PARTIAL NONSUIT ON PUNITIVE DAMAGES
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 03/03/2023
1 1. Defendant Colgate-Palmolive Company's Motion for Partial Nonsuit on Punitive
2 Damages is GRANTED.
3 2. Defendant Colgate-Palmolive Company's Motion for Judgment of Nonsuit is
4 DENIED.
5
DATED: June /fg_, 2016 By:
Judge of th S perior Court
8
9
10
11
Submitted by:
12
Foley & Mansfield, PLLP
Attorneys for Defendant COLGATE-PALMOLIVE COMPANY
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
O D] ORDER GRANTING DEFENDANT COLGATE-PALMOLIVE COMPANY'S MOTION FOR A
PARTIAL NONSUIT ON PUNITIVE DAMAGES
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 03/03/2023
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES:
3 I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action; my business address is 300 South Grand Avenue, Suite 2800,
4 Los CA 90071.
Angeles,
5 On June 15, 2016, I served the foregoing document described as: [PROPOSED] ORDER
GRANTING DEFENDANT COLGATE-PALMOLIVE COMPANY'S MOTION FOR A
6 PARTIAL NONSUIT ON PUNITIVE DAMAGES on the interested parties in this action as
follows:
7
H.W. Trey Jones, Esq. ALL DEFENSE COUNSEL
8
Mark A. Linder, Esq. LISTED ON COURTS SERVICE LIST
Stephanie M. Taylor, Esq.
9
THE LANIER LAW FIRM
10 6810 FM 1960 West
Houston, TX 77069
11 Telephone: 659-5200
(713)
Facsimile: (713) 659-2204
12
Attorneys for Plaintiffs
13
14
BY ELECTRONIC VERSION) of the document via FTP upload to File & ServeXpress
15 LexisNexis) pursuant to the Court's Order. If the document is provided
(formerly
electronically by 5:00 p.m., then the document will be deemed served on the date that I
16 provided to File & ServeXpress.
17 of under the of the State of that
g [STATE] I declare under penalty perjury laws California
the above is true and correct.
18
19 Executed on June 15, 2016, Los Angeles, California.
21 Martina Lopez
22
23
24
25
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27
28
1
............._.....
.
PROOF OF SERVICE
Document Filed Date
March 03, 2023
Case Filing Date
December 10, 2020
Category
Torts - Asbestos
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Preview
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 03/03/2023 EXHIBIT 38 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 03/03/2023 RLED Superior Court of California County of Los Angeles 2 JUN16M 3 Sherri R 07rV Executive Officer/Clerk BY _ Deputy 5 RECEIVED Central Civil West 6 7 mN 15 M Date Processed: 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FORTHECOUNTYOFLOSANGELES 11 12 LAOSD ASBESTOS LITIGATION JCCP Case No.: 4674 [Assigned to the Hon. John J. Kralik, Dept. 316] 13 Coordinated Proceeding Special Title (Rule 3.550) ELIZABETH M. ALFARO, Case No.: BC583520 14 Plaintiff, -!BBBBSSED] ORDER GRANTING 15 DEFENDANT COLGATE-PALMOLIVE vs. COMPANY'S MOTION FOR A PARTIAL 16 NONSUIT ON PUNITIVE DAMAGES AMERICAN TALC CO., individually and as 17 successor to SUZORITE MINERAL PRODUCTS., f/k/a PIONEER TALC CO., a 18 wholly-owned subsidiary of WORLD COMPANIES, et al., 19 Defendants. 20 Complaint Filed: May 29, 2015 21 Trial Date: April 26, 2016 22 23 Defendant Colgate-Palmolive Company's Motion for Judgment of Nonsuit was heard in 24 Department 316 of the Los Angeles Superior Court, Central Civil West Courthouse, the Honorable 25 John J. Kralik presiding. Counsel for all parties were present and the hearing on the Motion was 26 made on the record following the presentation of Plaintiff's evidence. After full consideration of the 27 evidence presented in Plaintiff's case and the arguments of counsel for both Plaintiff and Defendant, 28 the Court orders as follows: ORDER GRANTING DEFENDANT COLGATE-PALMOLIVE COMPANY'S MOTION FOR A PARTIAL NONSUIT ON PUNITIVE DAMAGES FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 03/03/2023 1 1. Defendant Colgate-Palmolive Company's Motion for Partial Nonsuit on Punitive 2 Damages is GRANTED. 3 2. Defendant Colgate-Palmolive Company's Motion for Judgment of Nonsuit is 4 DENIED. 5 DATED: June /fg_, 2016 By: Judge of th S perior Court 8 9 10 11 Submitted by: 12 Foley & Mansfield, PLLP Attorneys for Defendant COLGATE-PALMOLIVE COMPANY 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 O D] ORDER GRANTING DEFENDANT COLGATE-PALMOLIVE COMPANY'S MOTION FOR A PARTIAL NONSUIT ON PUNITIVE DAMAGES FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 03/03/2023 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 300 South Grand Avenue, Suite 2800, 4 Los CA 90071. Angeles, 5 On June 15, 2016, I served the foregoing document described as: [PROPOSED] ORDER GRANTING DEFENDANT COLGATE-PALMOLIVE COMPANY'S MOTION FOR A 6 PARTIAL NONSUIT ON PUNITIVE DAMAGES on the interested parties in this action as follows: 7 H.W. Trey Jones, Esq. ALL DEFENSE COUNSEL 8 Mark A. Linder, Esq. LISTED ON COURTS SERVICE LIST Stephanie M. Taylor, Esq. 9 THE LANIER LAW FIRM 10 6810 FM 1960 West Houston, TX 77069 11 Telephone: 659-5200 (713) Facsimile: (713) 659-2204 12 Attorneys for Plaintiffs 13 14 BY ELECTRONIC VERSION) of the document via FTP upload to File & ServeXpress 15 LexisNexis) pursuant to the Court's Order. If the document is provided (formerly electronically by 5:00 p.m., then the document will be deemed served on the date that I 16 provided to File & ServeXpress. 17 of under the of the State of that g [STATE] I declare under penalty perjury laws California the above is true and correct. 18 19 Executed on June 15, 2016, Los Angeles, California. 21 Martina Lopez 22 23 24 25 26 27 28 1 ............._..... . PROOF OF SERVICE