Judge: Jon R. Takasugi, Case: 22STCV29577, Date: 2023-08-09 Tentative Ruling

Case Number: 22STCV29577    Hearing Date: December 6, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Dow’s motion to correct the minute order is GRANTED.

On 9/12/2022, Plaintiff Thomas D. Perez and Delia Lopez De Perez initiated tis suit against 31 Defendants, alleging: (1) negligence; (2) strict liability—failure to warn; (3) strict liability—design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium.

Now, Defendant Dow Chemical Company (Dow) moves for an Amended Order to correct the Court’s 8/18/2023 Minute Order.

The motion is unopposed.

Discussion

            Dow seeks the following corrections in the Court’s 8/18/2023 Minute Order:

1. On page 3, lines 5-6 of the Minute Order, which presently reads “they cannot find it,” should be changed to “Dow has not located documents which exists responsive to this request.”

2. On page 3, lines 6-7 of the Minute Order, which presently reads “Dow Chemical represents it was produced in the Modesto Litigation under a protective order,” should be changed to “Dow Chemical represents it does not know one way or the other if this document exists and if this document is subject to the Modesto Protective Order.”

            Dow argues that the clarification is necessary because “Dow steadfastly has maintained that it is not aware of the existence of the document Plaintiffs seek, and as a result, seeks clarification of and correction to the August 18, 2023 Minute Order because there is a conflict between what is stated in the Minute Order and (1) what was recorded in the transcripts of the hearing on Dow’s Motion, and (2) the records on file with the Court.” (1: 4-7.)

            Given the lack of opposition to the request, and given that the proposed clarifications more faithfully reflect what was said according to the transcript, the Court finds that the proposed corrections should be made.

It is so ordered.

Dated:  December    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.