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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LEWIS BRISBOIS BISGAARD & SMITH LLP F I L E D PATRICK J. FOLEY, SB# 180391 SUE“? Cg 89:2; gggfikggfigm ' - "C E-Mail: Pan'ick.Foley@lewisbrisbois.com " AN BERNARDNO ”'9‘T R 'CT _ DAVID M. UCHIDA, SB# 232789 E—Mail: David.Uchida@lewisbrisbois.com MAY 31 2023 633 West 5th Street, Suite 4000 Los Angeles, California 90071 Tel: 213.250.1800 // Fax: 213.250.7900 BY___,.,. '95“ ©WQQUI3WNH ARADFLSI RIZO, DEPUTY HARRIS BEACH PLLC DANIEL R. STRECKER (Pro Hac Vice Admission) E-Mail: dstrecker@harrisbeach.com 100 Wall Street New York, New York 10005 Tel: 212.687.0100 //Fax: 212.687.0659 Attorneys for Defendant SAFETY-KLEEN SYSTEMS, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNADINO, JUSTICE CENTER CHRISTOPHER TORRES and MELISSA CASE NO. CIVDSl906092 TORRES, [Assigned for all purposes to Hon. David E. Plaintiffs, Driscoll, Dept. S-22] vs. DEFENDANT SAFETY-KLEEN SYSTEMS, INC.’S NOTICE OF MOTION NNNNNNNNNHr—Hu—Ir—tur—tr—Ib—AH BARNES GROUP INC., et a1., AND MOTION FOR SUMMARY ADJUDICATION; MEMORANDUM OF Defendants. POINTS AND AUTHORITIES ”\IONUIAWNHO9manlhb-DNHO Date: August 17, 2023 Time: 8:30 am. Dept.: S-22 Action Filed: February 26, 2019 Trial Date: September 18, 2023 [Filed Concurrently with Separate Statement In Support; Declaration ofDavid M. Uchida; [Proposed] Order] TO THE HONORABLE COURT, PARTIES, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on August 17, 2023, at 8:30 a.m., 0r as soon thereafter as of the above-entitled Court, located at 247 West Third the matter may be heard in Department S-22 LEWIS 95588275.1 BRISBOIS FOR BISGAARD DEFENDANT SAFETY-KLEEN SYSTEMS, INC.’S NOTICE OF MOTION AND MOTION & MH up SUMMARY ADJUDICATION; MEMORANDUM OF POINTS AND AUTHORITIES Street, San Bemardino, California 9241 5, Defendant SAFETY-KLEEN SYSTEMS, INC. (“Safety- move the court for summary adjudication under Code of Civil Kleen”), will, and hereby does, Procedure Section 437e, subd. (f) on the following issues: Plaintiffs’ punitive damages claim fails as a matter of law because Plaintiffs Issue No. 1: Safety-Kleen’s conduct was “despicable.” cannot show clear and convincing evidence that ©WQQUIAUJN Plaintiffs’ fraudulent concealment cause of action fails as a matter of law Issue No. 2: because Safety—Kleen did not owe the requisite duty to disclose. The punitive damages claim fails because, when Mr. Torres last allegedly used Safety-Kleen scientific consensus that the relevant chemical components of Safety- solvent in 2008, it was not Furthermore, a fiduciary 10 Kleen solvent are capable of causing the alleged disease, kidney cancer. 11 or transactional relationship is required t0 trigger the duty t0 disclose in a fraudulent concealment 12 claim. There is n0 triable issue of fact that Safety—Kleen and Mr. Torres had such a relationship. 13 Safety-Kleen bases its motion on this notice, the accompanying memorandum 0f points and 0f undisputed material facts, the declaration of David 14 authorities, Safety-Kleen’s separate statement the exhibits attached thereto, the record and file in this action, and any oral or 15 M. Uchida and l6 documentary evidence presented when this motion is heard. 17 DATED: May 31, 2023 PATRICK J. FOLEY DAVID M. UCHIDA 18 LEWIS BRISBOIS BISGAARD & SMITH LLP 19 20 David M. Uchida 21 Attorneys for Defendant SAFETY-KLEEN SYSTEMS, INC. 22 23 DANIEL R. STRECKER 24 HARRIS BEACH PLLC 25 26 By: /s/Daniel R. Strecker Daniel R. Strecker 27 Attorneys for Defendant, SAFETY-KLEEN 28 SYSTEMS, INC. LEWIS BRISBOIS 955882751 2 BISGAARD DEFENDANT SAFETY-KLEEN SYSTEMS, TNC.’S NOTICE OF MOTION AND MOTION FOR &sMfl-I UP SUMMARY ADJUDICATION; MEMORANDUM OF POINTS AND AUTHORITIES