March 28, 2019
C-74
Civil - Unlimited
Construction Defect
BAYSIDE OWNERS ASSOCIATION (Plaintiff), represented by Jon H Epsten
Track This PartyAmerican Marble (Co-Defendant), represented by David E Czelusniak
Track This PartyAncient Art Inc (Co-Defendant), represented by Ian R Feldman
Track This PartyApex Pacific Inc (Co-Defendant), represented by Courtney A Winzeler
Track This PartyBosa Development California Inc (Co-Defendant), represented by Andre C Robin
Track This PartyCM Firestop Inc (Co-Defendant), represented by Cary R Bond
Track This PartyColloid Environmental Technologies Company (Co-Defendant), represented by Jonathon D Sayre
Track This PartyEast & West Alum Craft LTD (Co-Defendant), represented by SUSAN E LUHRING
Track This PartyEvapco Inc (Co-Defendant), represented by Catherine M Cannon
Track This PartyFerguson Enterprises Inc (Co-Defendant), represented by Tyler Hazen E.
Track This PartyHughes Supply Inc (Co-Defendant), represented by Matthew H Printz
Track This PartyKammerer Enterprises Inc (Co-Defendant), represented by David E Czelusniak
Track This PartyKammerer Enterprises Inc dba American Marble (Co-Defendant), represented by David E Czelusniak
Track This PartyKammerer Enterprises, Inc. (Co-Defendant), represented by Thomas J Lincoln
Track This PartyMWI Inc (Co-Defendant), represented by Steven G Amundson
Track This PartyMission Pools of Escondido (Co-Defendant), represented by David E Czelusniak
Track This PartyModo Building Systems Inc (Co-Defendant), represented by Albert E Haverkamp
Track This PartyMoes 1-50 (Co-Defendant)
Track This PartyProtech Chemicals Ltd (Co-Defendant), represented by Ian R Feldman
Track This PartyStandard Plumbing Supply Company Inc (Co-Defendant), represented by David Eum
Track This PartyStarline Architectural Win… (Co-Defendant)
Track This PartyThe Whalen Company (Co-Defendant), represented by Catherine M Cannon
Track This PartyWatts Regulator Co (Co-Defendant), represented by KIMBERLY A BLAKE
Track This PartyMWI, Inc. (Cross-Complainant), represented by Steven G. Amundson
Track This PartyALEXANDER BOOME CONSULTING… (Defendant)
Track This PartyAlexander Boome Consulting… (Defendant)
Track This PartyB T M HVAC INC (Defendant)
Track This PartyBOSA CALIFORNIA LLC (Defendant), represented by Andre C Robin
Track This PartyBosa Development California II Inc (Defendant), represented by Andre C Robin
Track This PartyECCO Manufacturing (Defendant), represented by James G Bohm
Track This PartyHMT ELECTRIC INC (Defendant), represented by David D Cardone
Track This PartyHMT Electric Inc (Defendant), represented by David E Czelusniak
Track This PartyHMT Electric, Inc. (Defendant), represented by David E Czelusniak
Track This PartyHORIZON PAINTING CO. INC (Defendant), represented by David E Czelusniak
Track This PartyMMM GROUP LIMITED (Defendant), represented by Jenifer J Brannen
Track This PartyNEWWAY STRUCTURES INC (Defendant)
Track This PartyPETER ROSS CA INC (Defendant), represented by Dennis M Naish
Track This PartyQUADRA PACIFIC CONSULTANTS LTD (Defendant), represented by Jenifer J Brannen
Track This PartyQUANEX BUILDING PRODUCTS CORPORATION (Defendant), represented by Brandon R Teachout
Track This PartyRAYPAK INC (Defendant)
Track This PartySTAR TEAM INSTALLATIONS INC (Defendant), represented by Stephen C Grebing
Track This PartySTARLINE ARCHITECTURAL WINDOWS LTD (Defendant), represented by Alexander Chen
Track This PartySTARLINE ARCHITECTURAL WINDOWS LTD and STARLINE WINDOWS INC (Defendant), represented by RICHARD CHEN
Track This PartySTARLINE WINDOWS INC (Defendant), represented by Cynthia A. Kitchen
Track This PartySTARLINE WINDOWS LTD (Defendant), represented by Cynthia A. Kitchen
Track This PartyTHE SHERWIN-WILLIAMS COMPANY (Defendant), represented by Robert G Bernstein
Track This PartyTruseal Technologies Inc (Defendant), represented by Matthew Macdonald
Track This PartyVICTAULIC COMPANY (Defendant), represented by Tyler E Hazen
Track This PartyVITRUM GLASS INDUSTRIES INC (Defendant)
Track This PartyVITRUM INDUSTRIES LTD (Defendant), represented by Devon M. Thurtle Anderson
Track This PartyWILLIAM KELLY & SONS CALIFORNIA INC (Defendant), represented by Christopher P Bates
Track This Party2019-09-26T00:00:00
2018-10-11T00:00:00
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The court addresses the evidentiary issues. Defendants Quanex Building Products Corporation and Truseal Technologies, Inc.'s evidentiary objections are overruled for failure to comply with California Rules of Court, rule 3.1354(b) ["[e]ach written objection must be numbered consecutively"]. Plaintiff's evidentiary objection 3 is overruled; objections 1, 2 and 4 are overruled because the objected to testimony is not specified. Fibreboard Paper Products Corporation v. East Bay Union of Machinists, Local 1304, United Steelworkers of America, AFL-CIO, et al. (1964) 227 Cal.App.2d 675, 712. The court then rules as follows. Defendants Quanex Building Products Corporation and Truseal Technologies, Inc.'s motion for summary judgment is granted. In light of this ruling, Quanex/Truseal's alternative motion for summary adjudication is moot.
Strict Products Liability
Negligence
The court finds McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241 dispositive as to these two causes of actio