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126-150 of 439 results

BRUCE ALLEN WALL, AS WRONGFUL DEATH HEIR, AND AS ET AL VS. DOWMAN PRODUCTS, INC.

MOTION FOR SUMMARY JUDGMENT On Asbestos Law and Motion Calendar for Tuesday, January 8, 2013 in Department 503 at 9:30 a.m., Line 3. Defendant Mallinckrodt Baker, Inc.?s motion for summary judgment is denied and its alternate motion for summary adjudication of the negligence and products liability causes of action is denied. Mr. Wall?s deposition testimony, Mr. Benning?s deposition testimony and declaration, Ms. Matlosz?s deposition testimony, Ms. Shields?

  • Hearing

    Jan 08, 2013

JOEY DARREN RAUBA VS CAROL LAURIE DICKSON ET AL

Trust, Grossi, Harry & Blanche Trust (collectively, “Defendants”), for negligence and products liability. On April 4, 2018, Defendants Carol Laurie Dickinson, as Trustee for the Harry A. Grossi and Blanche L. Grossi Family Trust and Harry A. Gross and Blanche L. Grossi Family Trust filed a motion for summary judgment. On July 26, 2018, the motion for summary judgment was granted. On March 14, 2019, the Court held a Trial Setting Conference.

  • Hearing

    Aug 14, 2019

RICARDO SANTOS VS AT SYSTEMS WEST INC

.: 10 TRIAL DATE: None NOTICE: OK SUBJECT: Motion for Summary Judgment or Adjudication of Issues MOVING PARTY: Defendant Garda CL West, Inc. OPPOSING PARTY: Plaintiff Ricardo Santos COURT’S TENTATIVE RULING The motion for summary judgment is granted. The evidentiary objections are overruled. Counsel for Defendant to give notice. STATEMENT OF THE CASE This is an action for products liability. As set forth in the Second Amended Complaint (SAC), the factual background is as follows.

  • Hearing

    Oct 21, 2016

LEE V. A.W. CHESTERSTON CO., ET AL.

Type of Action: Mesothelioma – Asbestos Mtn: Motion for Summary Judgment, or in the Alternative, Summary Adjudication, filed by Defendant JOHNSON & JOHNSON CONSUMER, INC. Motion for Summary Judgment, or in the Alternative, Summary Adjudication, filed by Defendant CYPRESS MINES CORPORATION Motion for Summary Judgment, or in the Alternative, Summary Adjudication, filed by Defendant IMERYS TALC AMERICA, INC. TENTATIVE RULING Motion filed by JOHNSON & JOHNSON CONSUMER, INC.

  • Hearing

    Jan 17, 2019

LEE V. A.W. CHESTERSTON CO., ET AL.

Motion for Summary Judgment, of in the Alternative, Summary Adjudication, filed by Defendant CYPRESS MINES CORPORATION Motion for Summary Judgment, or in the Alternative, Summary Adjudication, filed by IMERYS TALC AMERICA, INC. TENTATIVE RULING RE: CMC MOTION The motion for summary judgment filed by Defendant CYPRESS MINES CORPORATION is denied.

  • Hearing

    Jan 24, 2019

OWENS VS. KERNS

DISCUSSION Each plaintiff asserts four causes of action against Suburban, for strict products liability (seventeenth), negligence/products liability (eighteenth), breach of warranty (nineteenth) and strict liability (twentieth).2 Undisputed Material Fact (“UMF”) 1. Suburban seeks summary judgment as to all causes of action or, alternatively, summary adjudication of the nineteenth cause of action and the issue of punitive damages, against each plaintiff herein.

  • Hearing

    Aug 12, 2013

JORDAN ALAN VS LA FITNESS ET AL

Because Plaintiff did not file opposition to the motion, Plaintiff necessarily failed to raise a triable issue of material fact; the motion for summary judgment is therefore granted. c. Additional Issues The Court declines to rule on Defendants’ arguments concerning products liability and lack of possession, as doing so is not necessary to resolution of the merits of the motion

  • Hearing

    Jun 01, 2017

JORDAN ALAN VS LA FITNESS ET AL

Plaintiff therefore necessarily failed to raise a triable issue of material fact, and the motion for summary judgment is granted. c. Additional Issues The Court declines to rule on Defendants’ arguments concerning products liability and lack of possession, as doing so is not necessary to resolution of the merits of the motion.

  • Hearing

    Apr 21, 2017

SULLIVAN VS. FORD

HEARING ON MOTION FOR SUMMARY JUDGMENT FILED BY THIEMAN TAILGATES, INC. * TENTATIVE RULING: * Defendant Thieman Tailgates, Inc.’ motion for summary judgment, or in the alternative, summary adjudication is granted. Defendant Thieman Tailgates, Inc. brings this motion for summary judgment, or in the alternative, summary adjudication, pursuant to Cal.

  • Hearing

    May 14, 2018

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

ELAINE PERCY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS ET AL

MOTION FOR SUMMARY JUDGMENT Or, Alternatively, Summary Adjudication On Asbestos Law and Motion Calendar for Thursday, March 27, 2014 in Department 503 at 9:30 a.m., Line 1. Defendant Frederick Meiswinkel, Inc.?s motion for summary judgment is granted.

  • Hearing

    Mar 27, 2014

BEATRIZ CASTANO BARDAWILL VS DOG HAUS LLC

Liability for strict products liability is not limited to mere purchasers of products. It is long established that a bystander injured by a defective product may recover on a theory of strict products liability. (Elmore v. American Motors Corp. (1969) 70 Cal.2d 578, 586.)

  • Hearing

    Aug 14, 2019

THE MARK CONDOMINIUM OWNERS ASSOCIATION VS THE MARK CONDOMINIUMS LLC [E-FILE]

Cross-Defendant Tremco Incorporated's motion for summary judgment is denied. Tremco's alternate motion for summary adjudication is granted as to the Strict Products Liability and Negligence causes of action and denied as to the Breach of Express Warranty, Equitable Indemnity and Contribution and Apportionment causes of action. Defendant/Cross-Complainant Hensel Phelps Construction Co.'

  • Hearing

    Aug 24, 2017

  • Type

    Complex

  • Sub Type

    Writ

PANKEY VS. PETCO ANIMAL SUPPLIES INC

Defendant moved for summary judgment, although not based upon "product" definitions. The court held that the New Jersey Racing Commission's trainer-responsibility rule did not create implied private right of action permitting racehorse owners to bring strict liability claims. However, there was a genuine issue of material fact precluded summary judgment on common-law strict liability claim and on the negligence claims.

  • Hearing

    Nov 03, 2016

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KEVIN STUCKART ET AL VS. AC AND S, INC. ET AL

MOTION FOR SUMMARY JUDGMENT On Asbestos Law and Motion Calendar for Wednesday, July 25, 2012 in Department 503 at 9:30 a.m., Line 1. Defendant Textron Inc.?s motion for summary judgment is denied and its alternate motion for summary adjudication is denied as to issues 1 through 5 (negligence, strict liability, products liability, survival and loss of consortium) and granted as to issue 6 (punitive damages).

  • Hearing

    Jul 25, 2012

MIA MOORE, ET AL. VS HYUNDAI MOTOR AMERICA, INC.

HMA now moves for summary judgment based on these admissions. Plaintiffs have not filed any opposition. The Court grants the motion for summary judgment. HMA has met its burden to show, as the moving party, that one or more elements of each of Plaintiffs’ claims cannot be established.

  • Hearing

    Oct 09, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

THE MARK CONDOMINIUM OWNERS ASSOCIATION VS THE MARK CONDOMINIUMS LLC [E-FILE]

Cross-Defendant Tremco Incorporated's motion for summary judgment is denied. Tremco's alternate motion for summary adjudication is granted as to the Strict Products Liability and Negligence causes of action and denied as to the Breach of Express Warranty, Equitable Indemnity and Contribution and Apportionment causes of action. Defendant/Cross-Complainant Hensel Phelps Construction Co.'

  • Hearing

    Aug 24, 2017

  • Type

    Complex

  • Sub Type

    Writ

THE MARK CONDOMINIUM OWNERS ASSOCIATION VS THE MARK CONDOMINIUMS LLC [E-FILE]

Cross-Defendant Tremco Incorporated's motion for summary judgment is denied. Tremco's alternate motion for summary adjudication is granted as to the Strict Products Liability and Negligence causes of action and denied as to the Breach of Express Warranty, Equitable Indemnity and Contribution and Apportionment causes of action. Defendant/Cross-Complainant Hensel Phelps Construction Co.'

  • Hearing

    Aug 24, 2017

  • Type

    Complex

  • Sub Type

    Writ

PANKEY VS. PETCO ANIMAL SUPPLIES INC

Defendant moved for summary judgment, although not based upon "product" definitions. The court held that the New Jersey Racing Commission's trainer-responsibility rule did not create implied private right of action permitting racehorse owners to bring strict liability claims. However, there was a genuine issue of material fact precluded summary judgment on common-law strict liability claim and on the negligence claims.

  • Hearing

    Nov 03, 2016

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

THE MARK CONDOMINIUM OWNERS ASSOCIATION VS THE MARK CONDOMINIUMS LLC [E-FILE]

Cross-Defendant Tremco Incorporated's motion for summary judgment is denied. Tremco's alternate motion for summary adjudication is granted as to the Strict Products Liability and Negligence causes of action and denied as to the Breach of Express Warranty, Equitable Indemnity and Contribution and Apportionment causes of action. Defendant/Cross-Complainant Hensel Phelps Construction Co.'

  • Hearing

    Aug 24, 2017

  • Type

    Complex

  • Sub Type

    Writ

THE MARK CONDOMINIUM OWNERS ASSOCIATION VS THE MARK CONDOMINIUMS LLC [E-FILE]

Cross-Defendant Tremco Incorporated's motion for summary judgment is denied. Tremco's alternate motion for summary adjudication is granted as to the Strict Products Liability and Negligence causes of action and denied as to the Breach of Express Warranty, Equitable Indemnity and Contribution and Apportionment causes of action. Defendant/Cross-Complainant Hensel Phelps Construction Co.'

  • Hearing

    Aug 24, 2017

  • Type

    Complex

  • Sub Type

    Writ

THE MARK CONDOMINIUM OWNERS ASSOCIATION VS THE MARK CONDOMINIUMS LLC [E-FILE]

Cross-Defendant Tremco Incorporated's motion for summary judgment is denied. Tremco's alternate motion for summary adjudication is granted as to the Strict Products Liability and Negligence causes of action and denied as to the Breach of Express Warranty, Equitable Indemnity and Contribution and Apportionment causes of action. Defendant/Cross-Complainant Hensel Phelps Construction Co.'

  • Hearing

    Aug 24, 2017

  • Type

    Complex

  • Sub Type

    Writ

MCC1600061

However, the pleadings determine the scope of the issues for summary judgment purposes. (Nieto v. Blue Shield of California Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 74.) The complaint at issue asserted strict liability (design and manufacturing), negligence, and breach of implied warranty. Breach of implied warrant is an alternative theory to strict products liability. (Seely v. White Motor Co. (1965) 63 Cal.2d 9, 15.)

  • Hearing

    Aug 17, 2017

ELAINE PERCY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS ET AL

MOTION FOR SUMMARY JUDGMENT Or, Alternatively, Summary Adjudication On Asbestos Law and Motion Calendar for Thursday, March 27, 2014 in Department 503 at 9:30 a.m., Line 1. Defendant W.L. Hickey Sons, Inc.?s motion for summary judgment is granted.

  • Hearing

    Mar 27, 2014

AMUNDSON VS. COURY & BUEHLER PHYSICAL THERAPY

The court finds the complaint is insufficient as a matter of law and will therefore treat defendant Coury and Buehler Physical Therapy’s (CBPT) motion for summary judgment/adjudication as a motion for judgment on the pleadings. (Prue v. Brady Company/San Diego, Inc. (2015) 242 Cal.App.4th 1367, 1384-1385.) The motion for judgment on the pleadings is GRANTED in its entirety with 10 days leave to amend.

  • Hearing

    Feb 01, 2017

THE MARK CONDOMINIUM OWNERS ASSOCIATION VS THE MARK CONDOMINIUMS LLC [E-FILE]

Cross-Defendant Tremco Incorporated's motion for summary judgment is denied. Tremco's alternate motion for summary adjudication is granted as to the Strict Products Liability and Negligence causes of action and denied as to the Breach of Express Warranty, Equitable Indemnity and Contribution and Apportionment causes of action. Defendant/Cross-Complainant Hensel Phelps Construction Co.'

  • Hearing

    Aug 24, 2017

  • Type

    Complex

  • Sub Type

    Writ

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