Case Number:
22STCV18173
Hearing Date:
January 26, 2023
Dept:
15
[TENTATIVE] ORDER RE MOTION FOR SUMMARY JUDGMENT
Defendant Mechanical Drives & Belting filed a motion for summary judgment on the ground that Plaintiffs Dolores W. St. Amour, Laura Apodaca Gonzales, and Gregory Steven Apodaca have no evidence of exposure to asbestos from a product manufactured or supplied by 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, b
Hearing Date
January 26, 2023
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Case Number:
22STCV18173
Hearing Date:
January 26, 2023
Dept:
15
[TENTATIVE] ORDER RE MOTION FOR SUMMARY JUDGMENT
Defendant Mechanical Drives & Belting filed a motion for summary judgment on the ground that Plaintiffs Dolores W. St. Amour, Laura Apodaca Gonzales, and Gregory Steven Apodaca have no evidence of exposure to asbestos from a product manufactured or supplied by 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, b