Case Number:
20STCV12435
Hearing Date:
August 31, 2023
Dept:
15
[TENTATIVE] ORDER RE MOTION FOR SUMMARY JUDGMENT [ERICSSON]


Defendant Ericsson Inc. moves for summary judgment, and in the alternative, summary adjudication, of Plaintiffs Tad Inferrera and Mary Inferreras claims that Tad Inferrera was exposed to an asbestos-containing product from Defendant.

A defendant seeking summary judgment must conclusively negate[] a necessary element of the plaintiffs case, or . . . demonstrate[] that under no hypothesis is there a material issue of fact that requires the process of trial.

(
Guz v. Bechtel Nat. Inc
. (2000) 24 Cal.4th 317, 334.)

To show that a plaintiff cannot establish an element of a cause of action, a defendant must make the initial showing that the plaintiff does not possess, and cannot reasonably obtain, needed evidence.

(
Aguilar v. Atlantic Richfield Co
. (2001) 25 Cal.4th 826, 854.)

The defendant may, but need not, present evidenc