Judge: Stephen I. Goorvitch, Case: 18STCV09165, Date: 2022-08-29 Tentative Ruling

Case Number: 18STCV09165    Hearing Date: August 29, 2022    Dept: 39

Alex Johnson, et al. v. Imperial Supplies, LLC

Case No. 18STCV09165

Motion for Summary Judgment

Plaintiffs filed this action on December 20, 2018, and filed a second amended cross-complaint on November 30, 2020, alleging that the decedent, Ronald Campbell Johnson (the “Decedent”), died following his exposure  to toxic chemicals during the course of his employment as a vehicle technician for FedEx at the Los Angeles International Airport.  Plaintiff named 19 different companies that may have been responsible for Decedent’s death.  Now, Imperial Supplies, LLC (“Defendant”) moves for summary judgment. 

“[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.”  (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.)  “[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact.”  (Ibid.)

            Defendant relies on Plaintiffs’ depositions, during which they were unable to identify any of Defendant’s products or chemicals that the Decedent used at work.  Plaintiffs’ factually-devoid discovery responses shift the burden to Plaintiffs to raise triable issues of material fact as to whether Defendant exposed Decedent to products that caused the Decedent’s pulmonary fibrosis.  (See Union Bank v. Superior Court (1995) 31 Cal.App.4th 573, 590.)  This shifts the burden to Plaintiffs to proffer sufficient evidence giving rise to a triable issue.  They fail to do so.  Plaintiffs have not opposed this motion, and there is nothing in the record giving rise to a triable issue.  Therefore, Defendant’s motion for summary judgment is granted.

            Defendant’s counsel shall provide notice and file proof of such with the Court.