MOTION FOR SUMMARY JUDGMENT

SET FOR HEARING ON WEDNESDAY, NOVEMBER 14, 2007, LINE 5 DEFENDANT SEQUOIA VENTURES INC.'S MOTION FOR SUMMARY JUDGMENT Hearing required. The Court's tentative decision is to grant the motion.
It appears that the decision in Miller v. Los Angeles Cty. Flood Control Dist. (1973) 8 Cal.3d 689 requires expert testimony to establish Bechtel's liability for the design and construction of the Antioch plant and that plaintiff's claim, therefore, must be treated as one for professional negligence. However, the fact that a CCP ? 411.35 certificate was not filed is not determinative on this record for no motion for judgment on the pleadings has been filed.
The decision in Dow v. Holly Manufacturing Company (1958) 49 C.2d 720 extends liability to a general contractor, no longer in control of the property, for latent defects. However, plaintiff's theory of liability is that asbestos is not a latent defect, but one that was well known in the 1960's and is the reason th