On February 26, 2019 a Motion-Secondary 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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\u V F:\W151WW\202307~17, Sop Sm ~ Opposion Ipd METZGER LAW GROUP 56I COM A PROFESSIONAL LAW CORPORATION F L El Tox-TORT I . SUPERIOR coum 0F CALIFORNIA 437-4499 RAPHAEL METZGER, ESQ, SBN 116020 COUNTY 0F SAN BERNARDINO 436- SCOTT P. BRUST, ESQ., SBN 215951 SAN BERNARDINO onsmum (877) WWW,TOX|CTORTS 555 E. OCEAN BLVD, SUITE 800 (562) (562) LONG BEACH, CA 90802 JUL 3 1 2023 TELEPHONE: (562) 437-4499 TOLL-FREE TELECOPIER: (562) 436-1 561 TELECOPIER OOOQQIJ‘IAUJNfl WEBSITE: www.toxictorts.com BY: Richard Machain, Deputy TELEPHONE Attorneys for Plaintiffs, CHRISTOPHER TORRES and MELISSA TORRES SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDFNO SAN BERNARDINO DISTRICT - CIVIL DIVISION 800 CHRISTOPHER TORRES and MELISSA CASE NO. CIVDSl906092 SUITE 90802 CORPORATION TORRES GROUP Re-Assigned to Honorable David E. Plaintiffs, Driscoll, Dept. 322 BOULEVARD, CALIFORNIA LAW LAW vs. PLAINTIFFS’ SEPARATE STATEMENT OF DISPUTED AND BARNES GROUP, INC, as successor by UNDISPUTED MATERIAL FACTS IN METZGER PROFESSIONAL OCEAN BEACH. acquisition of Kar Products, Inc., a SUPPORT OF OPPOSITION TO Delaware corporation; B C STOCKING DEFENDANT OATEY CO.S’ MOTION EAST LONG DISTRIBUTING, a California corporation; FOR SUMMARY JUDGMENT, OR IN A NNNNNNNNNp—A—op—n—ofl—‘fl—np—‘v—d CHEVRON CORPORATION, a Delaware THE ALTERNATIVE, SUMMARY 555 CRC INDUSTRIES, INC. corporation; ADJUDICATION WHICH WILL DO BUSINESS IN CALIFORNIA AS PENNSYLVANIA Filed concurrently with: WVUNMhWNfloomNaM-tthflo CRC INDUSTRIES, INC, a Pennsylvania corporation; DAP PRODUCTS INC., a O Memo of P&As in Opposition Delaware corporation; ct al., O Declaration of Robert J. Ham'son O O Defendants. DATE: August 16, 2023 TIME: 8:30 AM DEPT: LUNG INJURIES $22 TOXIC September LITIGATION IN Trial Date: 18, 2023 ENVIRONMENTAL 1'0ch AND CONCENTRATEO ENVIRONMENTAL 5 CANCER. & OCCUPATIONAL PRACTICE DISEASE, TORT PLAINTIFFS’ SEPARATE STATEMENT OF DISPUTED AND UNDISPUTED MATERIAL FACTS IN SUPPORT OF OPPOSITION TO DEFENDANT OATEY CO.S’ MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION \y \y FAWUMMWWZMIV, Sop Sh! ~ WM” 56I COM Plaintiffs hereby submit the following Separate Statement of Disputed and 7-4499 Tox—Tom' I . Undisputed Facts in opposition to Defendant Oatey Co.’s motion for summary judgment, setting 436- 43 (877) WWW.TOX|CTORTS forth the disputed and undisputed facts and supporting evidence upon which Plaintiffs’ opposition (562) (562) to the motion is based. \OOONONUl-bUJNy—a TOLL-FREE TELECOPIER TELEPHONE RESPONDING PARTY'S STATEMENT (fl DISPUTED AND UNDISPUTED FACTS I. MOTION FOR SUMMARY JUDGMENT BOO Moving Party's Allegedlv Undisputed Facts Responding Pam's Material Facts m CORPORATION SUITE 90802 m Evidence Supporting Evidence GROUP BOULEVARD, LAW LAW CALIFORNIA 1. In response to Special 1. DISPUTED. Plaintiffs’ Interrogatories Nos. 3 and 49, Plaintiffs made responses to these interrogatories are factual OCEAN BEACH, MEIZGER PROFESSIONAL the boilerplate allegations, without facts 0r and not boilerplate. EAST LONG evidence, that Mr. Torres "was exposed by A 555 means of direct dermal contact," and NNNNNNNNNn—I—nh—t—tp—nu—Hflflfl "inhalation" to "products contain[ing] toxic OOQQM<5WNHO©WNQM$UJNHO chemicals," including "organic solvents and other toxic chemicals which have been linked for years with the development 0f Kidney LUNG Cancer and [Plaintiff] believes that his lengthy INJURIES occupational history of exposure to benzene TOXIC LITIGATION IN TOXIC ENVIRONMENTAL and other toxic chemicals within Defendant's AND CONCENTRATED ENVIRONMENTAL 5 product was a substantial factor in causing his CANCER, Kidney Cancer and related consequential 5 OCCUPATIONAL PRACTICE DISEASE, inj uries." TORT 1 PLAINTIFFS’ SEPARATE STATEMENT OF DISPUTED & UNDISPUTED MATERIAL FACTS ISO OPPOSITION TO DEFENDANT OATEY’S MOTION FOR SUMMARY JUDGMENT/ADJUDICATION