On February 26, 2019 a Party Notice 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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Tr 1 Mildred Segura SBN 210850 Email msegura@reedsmith com 2 Michael L Mandell SBN 288513 Email mmandell@reedsmith com 3 REED SMITH LLP 355 South Grand Avenue Suite 2900 4 Los Angeles CA 90071 1514 UPERIOR C0 1f i F Cpl lFC RN p Telephone 213 457 8000 COUNTY J s S qt 6ER IARDiNQ n a r 5 Facsimile 213 457 8080 S JAN 0 7 OZ 6 Attorneys for Defendant Pennzoil Quaker State Company erroneously sued as Quaker State Corporation @ 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN BERNARDINO 10 d 0 11 CHRISTOPHER TORRES and MELISSA Case No CIVDS1906092 a TORRES 12 Plaintiffs Assigned to the Honorable Bryan F Foster a Dept S22 13 vs o DEFENDANT PENNZOIL QUAKER 14 BARNES GROUP INC o N et al STATE COMPANY S MEMORANDUM OF W POINTS AND AUTHORITIES IN a 15 Defendants SUPPORT OF ITS MOTION FOR a DETERMINATION OF GOOD FAITH 16 SETTLEMENT PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 877 6 A 17 Date February 24 2020 18 Time 8 30 a m Dept S22 19 20 Filed concurrently with Notice of Motion and 21 Motion Declaration of Michael Mandell Proposed Order 22 Complaint Filed February 26 2019 23 24 25 26 27 28 1 DEFENDANT PENNZOIL QUAKER STATE COMPANY S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT 1 I INTRODUCTION 2 Plaintiffs Christapher Torres and Melissa Torres hereinafter Plaintiffs and Defendant 3 Pennzoil Quaker State Company erroneously sued as Quaker State Corporation hereinafter 4 PQSC or Defendant have reached a settlement in this toxic tort rnatter The settlement is 5 contingent upon this court granting PQSC s present Motion for Deterrnination of Good Faith 6 Settlement pursuant to California Code of Civil Procedure 877 6 and the standards for good faith 7 as set forth by the California Supreme Court in Tech Bilt v Waodward CZyde Associates 38 Ca1 g 3d 488 1985 PQSC seeks an order fram this court detertnining that the settlement was made in 9 good faith in accordance with the provisions af California Code of Civil Procedure 77 6 barring 10 all present or future claims against PQSC for equitable indemnity catnparative fault and or 0 11 contribution 0 12 Natice af this rnotian and moving papers have beezl served on all alleged joint tortfeasors J 13 including the non settling defendants see Exh A ta the Declaratian of Michael L Mandell o ow Nd 4 Mandel Dec and defendants wha have been dismissed from this actian Exh B to Mande 15 Decl in accordance with CCP 877 6 and due process a 16 II STATEMENT OF FACT5 17 On February 26 2019 Plaintiffs filed their toxic tart Complaint against PQSC and nurnerous 18 other defendants stating causes of action including Negligence Strict Liability Failure to Warn i9 Strict Liability Design Defect Fraudulent Cancealrnent Breach of Implied Warranties and Loss af 20 Cansortium P aintiffs allege PQSC supplied andlor manufactured and thereafter exposed Plaintiff 21 Christopher Torres ta Homelite Two Cyc1e Engine Oil 32 1 and other products to be identified 22 during discovery Complaint 32 This exposure along with the alleged exposure to co 23 defendants variaus products purportedly caused Plaintiff Christopher Torres s kidney cancer from 24 which PlaintiffMelissa Torres s alleged loss of consortium derives Complaint 23 31 166 68 25 On May 7 2019 PQSC answered Plaintiffs Complaint PQSC denies liability in this matter 26 and further asserts that Plaintiffs lack the necessary evidence to estab ish exposure and causation as 27 to a 1y PQSC praduct s at issue Plaintiffs wil not be ab e to establish that Homelite Two Cyc1e 28 Engine Oil 32 1 or any other PQSC product caused Mr Tarres s alleged kidney cancer First no 2 DEFENDANT P NNZC7IL QLJAKER STATE C MPANY S MEMORANDU F OF P iNTS AND AUTHORITIES IN SUPPORT OF ITS MO 1 ION FOR DETERMINATION OF GOOD FAITH SETTLEMENT