Case Number:
21STCV06288
Hearing Date:
March 5, 2024
Dept:
15
[TENTATIVE] ORDER RE MOTION FOR SUMMARY JUDGMENT (ALLIED)
On February 17, 2021, Plaintiff Kenneth Chaney filed this action alleging his father, Walter Frederick Chaney, developed mesothelioma from asbestos in Defendant Allied Building Products Corp. DBA Acoustical Material Services products.
On December 1, 2023, Defendant filed a motion for summary judgment and summary adjudication.
A.
Objections
Plaintiffs Objections
:
The court did not rely on this material.
Defendants Objection Nos. 1-10, 13
:
Overruled.
Defendants Objection Nos. 11, 12, 14, 15
:
Sustained.
See below.
B.
Summary Judgment
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 31
Hearing Date
March 05, 2024
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Case Number:
21STCV06288
Hearing Date:
March 5, 2024
Dept:
15
[TENTATIVE] ORDER RE MOTION FOR SUMMARY JUDGMENT (ALLIED)
On February 17, 2021, Plaintiff Kenneth Chaney filed this action alleging his father, Walter Frederick Chaney, developed mesothelioma from asbestos in Defendant Allied Building Products Corp. DBA Acoustical Material Services products.
On December 1, 2023, Defendant filed a motion for summary judgment and summary adjudication.
A.
Objections
Plaintiffs Objections
:
The court did not rely on this material.
Defendants Objection Nos. 1-10, 13
:
Overruled.
Defendants Objection Nos. 11, 12, 14, 15
:
Sustained.
See below.
B.
Summary Judgment
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 31