On February 26, 2019 a Motion,Ex Parte was filed involving a dispute between Torres, Christopher, Torres, Melissa, and Barnes Group Inc., As Successor By Acquisition Of Kar Products, Inc., A, Barnes Group Inc. As Successor By Acquisition Of Kar Products,Llc, B C Stocking Distributing, A California Corporation, B'Laster Llc, Chevron Corporation, A Delaware Corporation, Chevron U.S.A. Inc, Chevron U.S.A. Inc., Crc Industries, Inc. Which Will Do Businessin California As Pennsylvania Crc Industrie, Dap Products Inc., A Delaware Corporation, Does 3-100, Husqvarna Professional Products, Inc., A Delaware Corporation, Kern Oil & Refining Co., A California Corporation, Lighthouse For The Blind, Midwest Motor Supply Co., An Ohio Corporation, Nch Corporation, A Delaware Corporation, Oatey Co., An Ohio Corporation, Pennzoil-Quaker State Company, Petro Source Investments, Inc. A Delaware Corporation, Ppg Industries, Inc. A Pennsylvania Corporation, P-T Technologies, Inc., A Florida Corporation, Quaker State Corporation, As Successor By Acquistion Of Westland Oil Company, Inc., A, Safety-Kleen Systems, Inc., A Wisconsin Corporation, Union Oil Company Of California, A California Corporation, Wd-40 Company, A Delaware Corporation, for Product Liability Unlimited in the District Court of San Bernardino County.
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\r V O EVERETT DOREY LLP SUPEHDRI-CAUAETE ‘ lg Seymour B. Everett, III, severett@everettd0rey.com SBN 223441 _ COUNTY 0F SAN gggfikggggm SAN BERNARD'NO CIVIL QJ “fl Dywsuou Samantha E. Dorey, SBN 28 1 006 sdorey@everettdorey.com [UN O 1 2023 7V Matthew P. Dickson, SBN 25 1 800 mdickson@everettdorey.com Michael J.P. Sweeney, SBN 295440 ‘ _“ msweeney@everettdorey.com ‘ DEPUTY \OOOVONUIAUJNH 18300 Von Karman Avenue, Suite 900 Irvine, California 92612 Phone: 949-771 -9233 0W5 Fax: 949-377-3 1 10 Attorneys for Defendant OATEY CO. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO, JUSTICE CENTER 10 900 949-377-31 SUITE LLP 92612 CHRISTOPHER TORRES and MELISSA Case No. CIVDS1906092 DOREY Law at AVENUE. OFAX TORRES, [Assignedfor All Purposes t0: CALIFORNIA Hon. David E. Driscoll, Dept. S—22] Aflomeys 949-771-9233 Plaintiffs, KARMAN EVERETT DEFENDANT OATEY CO.'S SEPARATE VON IRVINE, vs. STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR, TELEPHONE 18300 NNNNNNNNNHr—It—At—Ir—AHHr—Ip—Ip—A BARNES GROUP INC., et al.; ALTERNATIVELY, SUMMARY ADJUDICATION Defendants. [Filed Concurrently with Motionfor Summary WQOUI$UJNHOQOOVQM$UJNHO Judgment, Declaration ofMatthew P. Dickson; Declaration ofSamuel M Cohen; Requestfor Judicial Notice; [Proposed] Order]; Compendium ofExhibits Hearing Date: August 16, 2023 Time: 8:30 a.m. Dept. S-22 Action Filed: February 26, 2019 Trial Date: September 18. 2023 Pursuant to California Code of Civil Procedure § 43 7c(b) and California Rules of Court, Rule 3.1350(d), Defendant OATEY CO. ("Oatey") hereby submits the following Separate Statement of Undisputed Material Facts, together With references to supporting evidence, in OATEY CO.'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGEMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION \v \y support of its Motion for Summary Judgment. Oatey assumes all of the following facts as true only for the purposes of this Motion and expressly reserves the right to dispute and obj ect to the AWN admission of said facts at time of trial. I. MOTION FOR SUMMARY JUDGMENT \DOOQQUI 1. In response to Special Interrogatories Nos. 3 and 49, Plaintiffs made the boilerplate allegations, without facts 0r evidence, that Mr. Torres "was exposed by means 0f direct 10 dermal contact," and "inhalation" to "products contain[ing] toxic chemicals," including 11 "organic solvents and other toxic chemicals 900 12 Which have been linked for years with the 949377-3110 LLP SUITE development of Kidney Cancer and [Plaintiff] 92612 13 believes that his lengthy occupational history Law AVENUE, OFAx DOREY at CALIFORNIA 14 of exposure t0 benzene and other toxic Attorneys 949—771-9233 chemicals within Defendant's product was a KARMAN EVERE'I'I' 15 substantial factor in causing his Kidney Cancer IRVINE, VON and related consequential injuries." 16 TELEPHONE 18300 17 Sugnorting Evidence Plaintiff Christopher Torres' Verified 18 Responses to Oatey's Special Interrogatories, 19 Set One, Exhibit 3 t0 the Compendium., at 8:1- 18, 160:1-13. 20 2. Mr. Torres testified at his deposition that he 21 used an Oatey product in the performance of facility maintenance responsibilities while 22 working at Forest Services in Nevada City, 23 California, on two occasions between 2014 and 201 8. 24 Suggorting Evidence 25 Transcript of the Third Volume 0f the Deposition of Christopher Torres ("Torres 26 Deposition Vol. 3") at 499:9-500:7, Exhibit 4 t0 the Compendium. 27 3. Mr. Torres recalled that the only Oatey product 28 -2- . OATEY CO.'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGEMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION