Judge: Laura A. Seigle, Case: 21STCV16240, Date: 2023-03-30 Tentative Ruling

Case Number: 21STCV16240    Hearing Date: March 30, 2023    Dept: 15

[TENTATIVE] ORDER RE MOTION FOR SUMMARY JUDGMENT

            Plaintiffs allege Debra Manns was injured as a result of exposure to asbestos fibers from a brake grinder manufactured by Defendant Hennessy Industries LLC (“Defendant”).  Defendant filed a motion for summary adjudication on the ground that Plaintiffs have no evidence supporting the claim for punitive damages.

On March 10, 2023, the court continued the hearing on the motion for summary adjudication to March 30, 2023 so that Defendant could file and serve the complete Rabin Declaration with all exhibits attached, and so that Plaintiffs could file a supplemental opposition addressing the time period issue and the evidence attached to the Rabin Declaration.  Defendant filed the Rabin Declaration with attached exhibits on March 9, 2023.

The exhibits attached to the Rabin Declaration include Lynn Papworth’s deposition.  He testified the only place he worked with an Ammco brake grinder was at a service station, and he worked at service stations from 1963 through 1965. (Rabin Decl., Ex. 1 at pp. 36-37; Ex. 2 at p. 838.) 

On March 27, 2023, Plaintiffs filed a supplemental opposition stating that as early as the 1960s, Defendant knew about the hazards of asbestos dust from its products.  However, this time Plaintiffs failed to attach all of the exhibits to the March 27, 2023 Eyerly Declaration filed in support of the opposition brief.  Only Exhibit 1, and not Exhibits 2-5, is attached.  Therefore, the court again continues the hearing on the motion for summary adjudication so that Plaintiffs can file and serve the complete Eyerly Declaration with all exhibits attached.

The hearing on the motion for summary judgment is continued to April 7, 2023 at 9 a.m.  Plaintiffs are to file and serve the complete Eyerly Declaration by April 3, 2023.

            The moving party is to give notice.