PRE-TRIAL DOCUMENT(S) - FACT WITNESS LIST on behalf of FORD MOTOR COMPANY September 17, 2021 (2024)

Track Case Changes
Download DocumentPrint Document

On April 26, 2021 aTrial Materialswas filedinvolving a dispute betweenDonna Cole-Brule As Administratrix For The Estate Of Gregory Brown,Gregory Brown,andAerco International, Inc,Amchem Products, Inc., N K A Rhone Poulenc Ag Company, N K A Bayer Cropscience Inc,A.O. Smith Water Products Co,Aurora Pump Company,Bmce Inc., F K A United Centrifugal Pump,Bw Ip, Inc. And Its Wholly Owned Subsidiaries,Crane Co,Crane Co. Individually And As Successor To Pacific Valves,Flowserve Us, Inc. Individually And Successor To Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, And Vogt Valve Company,Fmc Corporation, On Behalf Of Its Former Chicago Pump & Northern Pump Businesses,Ford Motor Company,General Electric Company,Genuine Parts Company, Trading As Napa Auto Parts,Goulds Pumps Llc,Grinnell Llc,Honeywell International, Inc., F K A Allied Signal, Inc. Bendix,Imo Industries, Inc,Itt Llc., Individually And As Successor To Bell & Gossett And As Successor To Kennedy Valve Manufacturing Co., Inc,Leviton Manufacturing Co., Inc,Morse Tec Llc, F K A Borg Warner Morse Tec Llc And Successor-By-Merger To Borg-Warner Corporation,Pfizer, Inc.,Pk&P Investment Co. F K A Mole-Richardson Co,Pneumo Abex Llc, Successor In Interest To Abex Corporation,Redco Corp. F K A Crane Co.,Rheem Manufacturing Company,Riley Power Inc,Slant Fin Corporation,The Marley-Wylain Company,Union Carbide Corporation,U.S. Rubber Company,Warren Pumps, Llc,Weil-Mclain, A Division Of The Marley-Wylain Company, A Wholly Owned Subsidiary Of The Marley Company, Llc,for Torts - Asbestosin the District Court of New York County.

PRE-TRIAL DOCUMENT(S) - FACT WITNESS LIST on behalf of FORD MOTOR COMPANY September 17, 2021 (1)

PRE-TRIAL DOCUMENT(S) - FACT WITNESS LIST on behalf of FORD MOTOR COMPANY September 17, 2021 (2)

  • PRE-TRIAL DOCUMENT(S) - FACT WITNESS LIST on behalf of FORD MOTOR COMPANY September 17, 2021 (3)
  • PRE-TRIAL DOCUMENT(S) - FACT WITNESS LIST on behalf of FORD MOTOR COMPANY September 17, 2021 (4)
  • PRE-TRIAL DOCUMENT(S) - FACT WITNESS LIST on behalf of FORD MOTOR COMPANY September 17, 2021 (5)
  • PRE-TRIAL DOCUMENT(S) - FACT WITNESS LIST on behalf of FORD MOTOR COMPANY September 17, 2021 (6)
  • PRE-TRIAL DOCUMENT(S) - FACT WITNESS LIST on behalf of FORD MOTOR COMPANY September 17, 2021 (7)
  • PRE-TRIAL DOCUMENT(S) - FACT WITNESS LIST on behalf of FORD MOTOR COMPANY September 17, 2021 (8)
  • PRE-TRIAL DOCUMENT(S) - FACT WITNESS LIST on behalf of FORD MOTOR COMPANY September 17, 2021 (9)
  • PRE-TRIAL DOCUMENT(S) - FACT WITNESS LIST on behalf of FORD MOTOR COMPANY September 17, 2021 (10)
 

Preview

FILED: NEW YORK COUNTY CLERK 09/17/2021 04:47 PM INDEX NO. 190103/2021 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/17/2021 Shayla Y. Andrews Phone (212) 754-4053 Fax (212) 593-6970 syandrews@arfdlaw.com September 17, 2021 WEITZ & LUXENBERG, P.C. Post Office Address 700 Broadway New York, NY 10003 Re: BROWN, GREGORY V. A.O. SMITH WATER PRODUCTS CO, ET AL, INCLUDING FORD Index No.: 190103/2021 Our File No: 5012.848 Dear Counselor: Enclosed please find the Defendant’s Fact Witness List on Behalf of Ford Motor Company regarding the above referenced matter. Very truly yours, Shayla Andrews Shayla Y. Andrews SYA\sya cc: All known codefendants with enclosures. 1 of 7 FILED: NEW YORK COUNTY CLERK 09/17/2021 04:47 PM INDEX NO. 190103/2021 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/17/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x IN RE: NEW YORK CITY : NYCAL ASBESTOS LITIGATION : -------------------------------------------------------------------x This Document Relates To: : : FACT WITNESS LIST OF GREGORY BROWN, : DEFENDANT FORD MOTOR : COMPANY Plaintiff(s), : : - against - : Index No.: 190103/2021 : : FORD MOTOR COMPANY, et al., : : Defendant(s). : : -------------------------------------------------------------------x DEFENDANT FORD MOTOR COMPANY’S DESIGNATION AND DISCLOSURE OF FACT WITNESSES Defendant Ford Motor Company (hereinafter “Ford”) designates and discloses the following fact witnesses: Preliminary Statement The scope and accuracy of this disclosure and designation is limited by the availability of full and complete discovery from plaintiff. Ford, therefore, cannot reasonably anticipate every product or fact scenario which may be identified or discussed by plaintiff and his witnesses. Accordingly, Ford reserves the right to designate additional witnesses or testimony, as may become necessary or desirable. 2 of 7 FILED: NEW YORK COUNTY CLERK 09/17/2021 04:47 PM INDEX NO. 190103/2021 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/17/2021 1. Persons who worked or supervised work at jobsites where plaintiff is alleged to have worked, including but not limited to all such persons identified in plaintiff’s interrogatory answers and deposition testimony. 2. Agents, representatives, former and current employees, and other persons acting on behalf of all named defendants. 3. Agents, representatives, and current employees, and other persons acting on behalf of plaintiff. 4. Agents, representatives, former and current employees, and other persons acting on behalf of owners and operators of jobsites where plaintiff worked. 5. Agents, representatives, former and current employees, and other persons acting on behalf of contractors that worked at jobsites where plaintiff worked. 6. Treating physicians of plaintiff. 7. Witnesses listed in plaintiff’s or any other party’s witness list or identified in discovery motions in this action. 8. Former Ford employees Arnold E. Anderson, Lawrence M. Roslinski, Ph. D. and Leonard Brown. 9. Ford Design Analysis Engineers, Mark Taylor, and Mathew Fyie. 10. Custodian of records or other witnesses needed to authenticate exhibits. 3 of 7 FILED: NEW YORK COUNTY CLERK 09/17/2021 04:47 PM INDEX NO. 190103/2021 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/17/2021 RESERVATION OF RIGHTS Ford reserves the right to: 1. Amend or supplement this Fact Witness List at the conclusion of discovery inasmuch as discovery is not completed in this matter; and 2. Amend or supplement this Fact Witness List depending upon the proof presented at trial. Date: New York, New York September 17, 2021 Yours, etc., Nancy Pennie ______________________________ BY: Nancy L. Pennie, Esq. AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant FORD MOTOR COMPANY 600 Third Avenue New York, New York 10016 212-593-6700 TO: WEITZ & LUXENBERG, P.C. Attorney(s) for Plaintiff Post Office Address 700 Broadway New York, NY 10003 ALL KNOWN DEFENSE COUNSEL 4 of 7 FILED: NEW YORK COUNTY CLERK 09/17/2021 04:47 PM INDEX NO. 190103/2021 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/17/2021 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK ) Shayia Andrews, being duly sworn, deposes and says: that deponent is not a party to the action, is over 18 years of age and resides at Union County, New Jersey. That on the 17**^ day of September, 2021, deponent served the within FACT WITNESS LIST o^/o the defendants FORD MOTOR COMPANY upon: WEITZ & LUXENBERG, P.C. Attorney(s) for Plaintiff Post Office Address 700 Broadway New York, NY 10003 (212)558-5500 ALL KNOWN DEFENSE COUNSEL PLEASE SEE SERVICE RIDER at the address designated by said attorney(s) for that purpose bvjiepositing a true copy of same via New York State Electronic Filing System. Sworn to before me this 17*^ day of September, J2021 TRACY DASH Commissioner of Deeds BROWN, GREGORY V. A.O. SMITH WATER PRODUCTS CO, City of New York - No. 4-4611 ETAL, INCLUDING FORD MOTOR COMPANY Certificate Filed In New York QounW ARFD File No.: 5012.848 Commission Expires May Index No.: 190103/2021 5 of 7 FILED: NEW YORK COUNTY CLERK 09/17/2021 04:47 PM INDEX NO. 190103/2021 NYSCEFGREGORY DOC. NO.BROWN, 78 v. Ford Motor Company et.al RECEIVED NYSCEF: 09/17/2021 Index No.: 190103/2021 File No.: 5012.848 Michelle D. Grady, Esq. Anna M. Dilonardo, Esq. Judith A. Yavitz, Esq. ECKERT SEAMANS CHERIN & MELLOT, LLC MARSHALL DENNEHEY WARNER COLEMAN & DARGER ERRANTE YAVITZ & BLAU LLP 10 Bank Street - Suite 700 GOGGIN 116 East 27TH Street - 12th Floor White Plains, NY 10606 105 Maxess Road - Suite 303 New York, NY 10016 Counsel For: A.O SMITH WATER PRODUCTS CO. Melville, NY 11747 Counsel For: AMCHEM PRODUCTS, INC., n/k/a RHONE Email: ealter@eckertseamans.com Counsel For: AERCO INTERNATIONAL, INC., POULENC AG COMPANY, n/k/a BAYER BMCE INC., f/k/a UNITED CENTRIFUGAL PUMP, CROPSCIENCE INC., LEVITON MANUFACTURING CO., INC. UNION CARBIDE CORPORATION MORSE TEC LLC, f/k/a BORG WARNER MORSE TEC Email: ddecicco@deybllp.com; LLC, and Successor-by-Merger to BORG-WARNER jyavitz@deybllp.com CORPORATION Kerryann M. Cook, Esq. Michael J. Testa, Esq. Tara L. Pehush, Esq. THE COOK GROUP, PLLC SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD K&L GATES LLP 64 Beaver Street - Suite 201 850 Third Avenue - Suite 1100 599 Lexington Avenue New York, New York 10004 New York, NY 10022 New York, NY 10022 Counsel For: AURORA PUMP COMPANY Counsel For: BW/IP, INC. AND ITS WHOLLY OWNED Counsel For: CRANE CO., SUBSIDIARIES CRANE CO. Individually and as Successor to PACIFIC VALVES Brian Sorensen, Esq. Christopher P. Hannan, Esq. Tanenbaum Keale, Esq. McELROY DEUTSCH, MULVANEY & CARPENTER, KELLEY, JASONS, MCGOWAN, SPINELLI HANNA & TANENBAUM KEALE, LLP LLP REBER, LLP Three Gateway Center 225 Liberty Street - 36th Floor 120 Wall Street - 30th Floor 100 Mulberry Street - Suite 1301 New York, NY 10281 New York, NY 10005 Newark, NJ 07102 Counsel For: FMC CORPORATION, on behalf of its Counsel For: FLOWSERVE US, INC. Individually and Counsel For: GENERAL ELECTRIC COMPANY former CHICAGO PUMP & NORTHERN PUMP successor to Rockwell Manufacturing Company, Edward Email: mtanenbaum@tktrial.com BUSINESSES Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company Peter S. Marlette, Esq. John J. Fanning, Esq. Beth L. Hughes, Esq. BARCLAY DAMON LLP CULLEN AND DYKMAN LLP MORGAN, LEWIS & BOCKIUS, LLP The Avant Building 44 Wall Street - 15th Floor 101 Park Avenue 200 Delaware Avenue - Suite 1200 New York, NY 10005 New York, NY 10178 Buffalo, New York 14202 Counsel For: GOULDS PUMPS LLC Counsel For: GRINNELL LLC., Counsel For: GENUINE PARTS COMPANY, trading as ITT LLC., Individually and as successor to BELL & GOSSETT NAPA AUTO PARTS and as successor to KENNEDY VALVE MANUFACTURING CO., Inc. Donald R. Pugliese, Esq. David J. Goodearl, Esq. Joan M. Gasior, Esq. MCDERMOTT WILL & EMERY LLP LEADER & BERKON COLAO & SILVERSTEIN LLP RENZULLI LAW FIRM, LLP 340 Madison Avenue 630 Third Avenue - 17th Floor One North Broadway - Suite 1005 New York, NY 10173 New York, NY 10017 White Plains, NY 10601 Counsel For: HONEYWELL INTERNATIONAL, INC., Counsel For: IMO INDUSTRIES, INC., Counsel For: PFIZER, INC. (PFIZER) f/k/a ALLIED SIGNAL, INC. / BENDIX WARREN PUMPS, LLC Email: dpugliese@mwe.com WEIL-MCLAIN a division of The Marley-Wylain Company a wholly owned subsidiary of The Marley Company, LLC Email: dgoodearl@leaderberkon.com Edward Abbot, Esq. Lisa M. Pascarella, Esq. Regina Giovanni, Esq. HAWKINS PARNELL & YOUNG LLP PASCARELLA DIVITA, PLLC WATERS MCPHERSON, MCNEILL, P.C. 600 Lexington Avenue - 8th Floor 2137 Route 35 - Suite 290 14 Wall Street – Suite 1603 New York, NY 10022 Holmdel, NJ 07733 New York, NY 10005-2011 Counsel For: PNEUMO ABEX, LLC, successor in interest to Counsel For: RHEEM MANUFACTURING COMPANY Counsel For: RILEY POWER INC. ABEX CORPORATION (ABEX) Email: alendar@pdltlaw.com Email: eabbot@hptylaw.com Norman Golub, Esq. Norman Senior, Esq. WEITZ & LUXENBERG, P.C. LUCOSKY BROOKMAN LLP GREENFIELD, STEIN & SENIOR ATTORNEY(S) FOR PLAINTIFF 111 Broadway– 8th Floor 600 Third Avenue, 11th Floor Post Office Address New York, NY 10006 New York, NY 10016 700 Broadway Counsel For: SLANT/FIN CORPORATION Counsel For: U.S. RUBBER COMPANY (UNIROYAL) New York, NY 10003 (212) 558-5500 UNKNOWN COUNSELS PK&P INVESTMENT CO. f/k/a MOLE-RICHARDSON CO UNITED CONVEYOR CORPORATION 6 of 7 FILED: NEW YORK COUNTY CLERK 09/17/2021 04:47 PM INDEX NO. 190103/2021 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/17/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x IN RE: NEW YORK CITY : NYCAL ASBESTOS LITIGATION : -------------------------------------------------------------------x This Document Relates To: : : GREGORY BROWN, : Index No.: 190103/2021 : Plaintiff(s), : : - against - : : : FORD MOTOR COMPANY, et al., : : Defendant(s). -------------------------------------------------------------------x FACT WITNESS LIST OF DEFENDANT FORD MOTOR COMPANY AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant FORD MOTOR COMPANY Office and Post Address 600 Third Avenue New York, NY 10016 212-593-6700 To: ALL PARTIES 7 of 7

Related Contentin New York County

Case

Oksana M. Sawaryn, Lucas Sawaryn v. Zuqin Zheng, Lux Credit Consultants, Llc

Jul 22, 2024 |Torts - Other (personal injury) |Torts - Other (personal injury) |156650/2024

Case

Alexis Robinson v. Promenade Global, Llc, Hp Prpmenade Housing Development Fund Company, Inc., Nelson Management Group Ltd.

Jul 23, 2024 |Torts - Other (Slip and Fall) |Torts - Other (Slip and Fall) |451966/2024

Case

Roselind Schwartz v. New York-Presbyterian Medical Center, New York-Presbyterian Weill Cornell Hospital

Jul 23, 2024 |Torts - Medical, Dental, or Podiatrist Malpractice |Torts - Medical, Dental, or Podiatrist Malpractice |805203/2024

Case

Aig Property Casualty Company a/s/o NELSON PELTZ and CLAUDIA PELTZ v. Emp Solutions, Inc.

Jul 25, 2024 |Torts - Other (Property Damage) |Torts - Other (Property Damage) |156774/2024

Case

Justina Rapone, Pasquale Rapone Iii v. 485 Seventh Avenue Associates Llc, Marriot International, Inc., Moxy Nyc Times Square, The Lightstone Group, Llc, Jm2-7 Llc, Otis Elevator Company

Jul 22, 2024 |Torts - Other Negligence (Premises Liability) |Torts - Other Negligence (Premises Liability) |156634/2024

Case

Barbara Dolan v. New York City Transit Authority, Jane Doe (a fictitious name)

Jan 11, 2024 |Richard Tsai |Torts - Motor Vehicle |Torts - Motor Vehicle |150311/2024

Case

Leo Tavarez v. Tire Agent Corp.

Jul 23, 2024 |Torts - Other (Disabilities) |Torts - Other (Disabilities) |156693/2024

Case

David Bookman v. The City Of New York, New York City Police Department, New York City Police Officers John And Jane Doe #1-10 (Intended As Police Officers Whos Names And Identifying Information Are Unknown)

Jul 25, 2024 |Torts - Other (Police Misconduct) |Torts - Other (Police Misconduct) |156746/2024

Case

Vicente W. Hernandez v. 515 New Life Housing Development Fund Corporation

Jul 23, 2024 |Torts - Other (Ceiling Collapse) |Torts - Other (Ceiling Collapse) |156676/2024

Ruling

VALENCIA vs OLIVARES

Jul 26, 2024 |CVRI2304133

MOTION TO SET ASIDE DISMISSALON CROSS-COMPLAINT OF KKWCVRI2304133 VALENCIA VS OLIVARESTRUCKING INC. BY KKW TRUCKINGINC.Tentative Ruling: Cross-Complainant KKW Trucking’s UNOPPOSED Motion to Set AsideDismissal on the Cross-Complaint is granted.Order to Show Cause AGAINST DAVID S. BINDER is set for 9/23/24, as to why sanctions not toexceed $1,500.00 or dismissal should not be imposed for Failure to file request for entry of defaultof ALL defendants on complaint pursuant to CRC 3.110(g).

Ruling

Shonna L Rives vs. Brian Vikstrom

Jul 23, 2024 |CU24-00751

CU24-00751Motion to Recognize Executor Status and Right to Self-RepresentationTENTATIVE RULINGThis motion is denied, for multiple reasons.First, there is no proof of service yet filed, to show that the motion papers were servedon NORTHBAY MEDICAL CENTER (“NORTHBAY”), which has appeared in this actionand thus must be served with any motion papers.Second, Moving Party cannot represent the estate for which she purports to bring thisaction.In general, any person appearing in an action purporting to represent the interests ofanother person must be licensed to practice law in California. Business & ProfessionsCode §6125 [“No person shall practice law in California unless the person is an activelicensee of the State Bar”].For example, corporations cannot represent themselves in court, and must retaincounsel to represent them. Merco Construction Engineers v. Municipal Court (1978) 21Cal.3d 724; Paradise v. Nowlin (1948) 86 Cal.App.2d 897, 898.Likewise, a civil action filed against a third party on behalf of a trust could not be broughtin pro per by the trustee. Ziegler v. Nickel (1998) 64 Cal.App.4th 545.There are some very limited situations in which a trustee or executor of an estate canappear in pro per. Those appear restricted to probate court filings in which the trusteeor executor is attempting to fulfill a fiduciary duty, and does not extend to filing civilactions against a third party.In Finkbeiner v. Gavid (2006) 136 Cal.App.4th 1417, a successor trustee of an intervivos trust was found to have properly filed in pro per both an accounting and a petitionwith the probate court to modify and terminate the trust, and for trustee’s fees, after shesold the settlor’s home.However, when a trustee or executor brings a civil action against a third party on behalfof the trust or estate, they can only do so through a licensed California attorney, andcannot proceed in pro per. Hansen v. Hansen (2003) 114 Cal.App.4th 618; Downey v.Johnson (1968) 263 Cal.App.2d 775.Even some filings in probate cannot be made by a pro per trustee or executor.In Estate of Sanchez (2023) 95 Cal.App.5th 331, a pro per filing of a partition by sale ofreal property in probate court by the personal representative of an estate was found toconstitute the unauthorized practice of law. The court reasoned that because it soughta remedy against third party co-owners of that property, for the benefit of the estate’sbeneficiaries, it could not be pursued in pro per, even though the filing was made in aprobate case. The matter before this court can be distinguished from Downey and Hansen, in that it involves proceedings filed in the probate matter. Yet, unlike in Donkin and Finkbeiner, and more akin to the facts of Downey and Hansen, here Leslie filed claims against third parties for the benefit of the beneficiaries of Frank's estate. That Leslie brought the petition pursuant to section 850 does not alter the fact that she did so for the benefit of the estate's beneficiaries, including herself, rather than to fulfill her duties as executor and personal representative. Id. at 342.The medical malpractice “wrongful death” action at issue in the present civil case wasfiled on behalf of Decedent’s estate, against third parties. It can only be properly filedthrough a California licensed attorney. This motion for court approval of the executor ofDecedent’s estate’s pro per status thus must be denied.Furthermore, an executor of an estate appointed by another state who files an action inCalifornia on behalf of the estate must first file an ancillary probate action here inCalifornia, per Probate Code §§12510 et seq. It is only upon the ancillary appointmentthat the executor (and only through a California licensed attorney) would then havestanding to bring and/or maintain a California action on behalf of Decedent’s estate.Smith v. Cimmet (2011) 199 Cal.App.4th 1381.There is no indication at this time that any ancillary probate petition has been filed bythe moving party here.Thus, for many reasons, this motion must be denied. Moving party is directed to file therequired ancillary probate proceeding in California, and immediately retain a licensedCalifornia attorney to represent the estate, if she intends to proceed further on this civilaction on behalf of the estate.

Ruling

Lien vs. Ashby

Jul 27, 2024 |23CV-0203071

LIEN VS. ASHBYCase Number: 23CV-0203071This matter is on calendar for trial setting. The Court notes that the litigation is now at issue. The Court designatesthis matter as a Plan II case and intends on setting the matter for trial no later than February 19, 2025. Neitherparty has posted jury fees. The parties are granted 10 days leave to post jury fees. A failure to post jury fees inthat time will be deemed a waiver of the right to a jury. The parties are ordered to meet and confer prior to thehearing regarding proposed dates for trial. An appearance is necessary on today’s calendar.

Ruling

VARGAS vs ANZA MANAGEMENT COMPANY

Jul 24, 2024 |CVSW2207058

MOTION FOR LEAVE TO FILE CROSS-VARGAS VS ANZACVSW2207058 COMPLAINT BY ANZA MANAGEMENTMANAGEMENT COMPANY COMPANY, GREENTREE PARK, LLCTentative Ruling:The unopposed Motion is GRANTED. Exhibit C, the Cross-Complaint, attached to theMotion is ordered filed.5.GONZALEZ VS AMERICANCVSW2307900 MOTION TO COMPELHONDA MOTOR CO., INC.Tentative Ruling:The court asked the parties for an updated meet and confer at the last hearing. Havingreceived nothing, the court could conclude that the parties have resolved the issue. Ifthe parties have not resolved the issue, a deposition is ordered to occur within 30 daysor as agreed by the parties. Oral argument will not be entertained.

Ruling

FCS057573 - PEREZ, HEIDI JUDITH VS BOOKER, WESLEY (DMS)

Jul 24, 2024 |FCS057573

FCS057573Motions for ContemptTENTATIVE RULING:Petitioner’s “motions” for contempt are denied.No affidavit of the facts constituting any contempt has been presented to thecourt. The filing of a sufficient affidavit is a jurisdictional prerequisite to acontempt proceeding. (Code Civ. Proc. § 1211(a); Koehler v. Superior Court(2010) 181 Cal.App.4th 1153, 1169; Oil Workers Int’l Union v. Superior Court(1951) 103 Cal.App.2d 512, 541.) Page 1 of 1

Ruling

MICHAEL NEWMAN VS. 1233 POLK STREET LLC ET AL

Jul 22, 2024 |CGC23606038

Matter on the Law & Motion calendar for Monday, July 22, 2024, Line 11. DEFENDANT 1233 POLK STREET LLC DBA MAYES OYSTER HOUSE AND MATTHEW CORVI's Motion For Determination Of Good Faith Settlement. Off Calendar. Parties stipulated to the relief and the court executed their order. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/CK)

Ruling

Marco Castro vs The Ritz-Carlton Hotel Company LLC

Jul 24, 2024 |Judge Thomas P. Anderle |22CV03614

For Plaintiff Marco Castro: Alik EkmekchyanFor Defendant and Cross-Complainant The Ritz-Carlton Hotel Company, LLC: Paul J. Lipman, Christopher A. RichardsonFor Cross-Defendant and Cross-Complainant IAM Pacific Wellness, Inc. dba Premier Fitness Service: Kari L. ProbstRULINGFor the reasons set forth herein the hearing on the motion of The Ritz-Carlton Hotel Company, LLC, for Summary Judgment, is continued to August 14, 2024. Plaintiffs are to file and serve a revised opposition and a revised response to Defendant’s separate statement of undisputed material facts no later than August 31, 2024. A reply brief, if any, shall be filed and served by Defendant no later than August 9, 2024.The Trial Date of 9/4/24 is confirmed. BackgroundThis action commenced on September 21, 2022, by the filing of the complaint by Plaintiff Marco Castro (“Castro”) against Defendant The Ritz-Carlton Hotel Company, LLC (“Ritz-Carlton”), for personal injury based on negligence and premises liability.As alleged in the complaint:On April 8, 2022, Castro was injured as a result of Ritz-Carlton’s “failure to adequately maintain, inspect, repair, manage, supervise, and/or control” their premises. (Comp. ¶ L-1.) Specifically, the alleged injuries occurred when Castro was utilizing a weight bench. (Comp. ¶ GN-1.)On October 21, 2022, Ritz-Carlton filed an answer to the complaint asserting a general denial and 28 affirmative defenses. On January 24, 2023, Ritz-Carlton filed a cross-complaint against IAM Pacific Wellness, Inc. dba Premier Fitness Service (“Premier”) for apportionment of fault, indemnification, and declaratory relief. Premier then filed cross-complaints against Castro and Ritz-Carlton.Ritz-Carlton now moves for summary judgment against Castro on the grounds that “one or more elements of Plaintiff’s causes of action for General Negligence and Premises Liability . . . cannot be established, and that the elements of notice and causation cannot be established, so that judgment is appropriate on the entire Complaint. (Notice of Motion, p. 2., ll. 4-7.) Ritz-Carlton also argues that there was no defect in the property claimed to have caused Castro’s claimed injuries. Premier joins in the motion for summary judgment.Plaintiff opposes the motion on the grounds that Ritz-Carlton fails to meet its burden and that there are triable issues of material fact that preclude the granting of summary judgment.AnalysisEvidentiary Objections“In granting or denying a motion for summary judgment or summary adjudication, the Court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.” (Code Civ. Proc., § 437c, subd. (q).)The Court will reserve ruling on the evidentiary objections pending further briefing by the parties.Standard on Summary JudgmentA Defendant’s motion for summary judgment asks the Court to determine that the entire action has no merit, and to terminate the action without the necessity of a trial. (Code Civ. Proc., § 437c, subd. (a).) The procedure enables the Court to look behind the pleadings to determine whether the party against whom the motion is directed has evidence to back up the claims. The Court must determine from the evidence presented that there is no triable issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).)The moving party bears the burden of persuasion that that there is no triable issue of material fact, and that it is entitled to judgment as a matter of law. (Aguilar v. Atlantic Richfield Co. (2001) 235 Cal.4th 826, 850.) Consequently, a Defendant moving for summary judgment bears the burden of persuasion that one or more elements of the cause of action in question cannot be established, or that there is a complete defense thereto. (Ibid.) The motion must be supported by evidentiary facts, not merely the ultimate facts. Further, conclusions of fact or law are not sufficient to support a motion for summary judgment. (Snider v. Snider (1962) 200 Cal.App.2d 741, 751.) Once a moving Defendant meets its initial burden, the burden shifts to the Plaintiff to produce evidence to prove the existence of a triable issue of fact regarding that element of its cause of action or the defense at issue in the motion, and if Plaintiff is unable to do so, Defendant will be entitled to judgment as a matter of law. (Saelzler v. Advanced Group 400 (2001) 35 Cal.4th 763, 780-781.) In ruling on a motion for summary judgment, the trial Court must consider all of the evidence and all of the inferences reasonably drawn therefrom (Code Civ. Proc., § 437c, subd. (c)) and must view the evidence and inferences in the light most favorable to the opposing party. (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 843.) In examining the sufficiency of the affidavits filed in connection with a summary judgment motion, those filed by the moving party are strictly construed, and those of the opposing party are liberally construed. (D’Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 20-21.) In resolving the motion, the Court may not weigh the evidence. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) Rather, the role of the trial Court in resolving a summary judgment motion is to determine whether issues of fact exist, not to decide the merits of the issues. (Molko v. Holy Spirit Assn. (1988) 46 Cal.3d 1092, 1107.) A triable issue of material fact exists 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, supra, 25 Cal.4th at p. 850.) Any doubts as to the propriety of granting the motion should be resolved in favor of the party opposing the motion. (Molko v. Holy Spirit Assn., supra at p. 1107.)“ ‘Summary judgment law in this state . . . continues to require a Defendant moving for summary judgment to present evidence, and not simply point out that the Plaintiff does not possess, and cannot reasonably obtain, needed evidence. In this particular at least, it still diverges from federal law. For the Defendant must ‘ “support[ ]” ’ the ‘ “motion” ’ with evidence including ‘ “affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice” ’ must or may ‘ “be taken.” ’ (Code Civ. Proc., § 437c, subd. (b).) The Defendant may, but need not, present evidence that conclusively negates an element of the Plaintiff’s cause of action. The Defendant may also present evidence that the Plaintiff does not possess, and cannot reasonably obtain, needed evidence - as through admissions by the Plaintiff following extensive discovery to the effect that he has discovered nothing. But, as Fairbank v. Wunderman Cato Johnson (9th Cir.2000) 212 F.3d 528 concludes, the Defendant must indeed present evidence [ ]: Whereas, under federal law, ‘ “pointing out through argument’ (id. at p. 532) may be sufficient . . ., under state law, it is not.’ ” [Citation.]” (Gaggero v. Yura (2003) 108 Cal.App.4th 884, 889-890.)Separate Statement“Code of Civil Procedure section 437c, subdivision (b)(1), requires each motion for summary judgment to be accompanied by a separate statement “ ‘setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence.’ ” California Rules of Court, rule 3.1350(d)(2)4 states: “ ‘The separate statement should include only material facts and not any facts that are not pertinent to the disposition of the motion.’ ” Under the Rules of Court, “ ‘ “Material facts’ “ are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion.’ ” (Rule 3.1350(a)(2).)” (Beltran v. Hard Rock Hotel Licensing, Inc. (2023) 97 Cal.App.5th 865, 850-851.)“The point of the separate statement is not to craft a narrative, but to be a concise list of the material facts and the evidence that supports them. “ ‘The separate statement serves two important functions in a summary judgment proceeding: It notifies the parties which material facts are at issue, and it provides a convenient and expeditious vehicle permitting the trial Court to hone in on the truly disputed facts.’ ” [Citation.]” (Ibid.)“The duty to comply with the law regarding separate statements applies to both sides of a motion for summary judgment or adjudication. The opposing party’s responses to the separate statement must be in good faith, responsive, and material. Responses should directly address the fact stated, and if that fact is not in dispute, the opposing party must so admit. It is completely unhelpful to evade the stated fact in an attempt to create a dispute where none exists.” (Ibid.)Castro’s responses to Ritz-Carlton’s separate statement of undisputed material facts are unhelpful. As what appears to have become common practice in opposing a motion for summary judgment, many of the responses are not made in good faith and appear to be attempts to create triable issues where none exist. For many of the facts, Plaintiff’s responses completely fail to specifically address what is being asserted, instead laying out lengthy recitations of “facts” that are not relevant to what is being stated. As just one example: Undisputed material fact No. 3 states, “The gym has exactly one ‘decline’ bench that has never been replaced or repaired, and Plaintiff was using it to do dumbbell presses while leaning back (declined) on the bench.” In response, Castro makes a meritless objection that the fact is overbroad, discusses the decline bench’s owner’s manual, discusses inspections, discusses Castro’s experts’ opinions regarding standards, etc. In total, the “response” consists of 22 paragraphs yet completely fails to address the stated fact. These types of responses are pervasive throughout and are improper.Plaintiff will be ordered to revise the response and provide material, good faith, responses that directly address the facts stated. If a fact is not reasonably subject to dispute, Castro must so admit. If the specific fact asserted is reasonably disputed, Castro should so state and reference the supporting admissible evidence.Negligence and Premises Liability“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” (Civ. Code, § 1714, subd. (a).)“The elements of a negligence claim and a premises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury. [Citations.] Premises liability “ ‘ “is grounded in the possession of the premises and the attendant right to control and manage the premises” ’ ”; accordingly, “ ‘ “mere possession with its attendant right to control conditions on the premises is a sufficient basis for the imposition of an affirmative duty to act.” ’ ” [Citations.] But the duty arising from possession and control of property is adherence to the same standard of care that applies in negligence cases.” (Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158.)“Broadly speaking, premises liability alleges a Defendant property owner allowed a dangerous condition on its property or failed to take reasonable steps to secure its property against criminal acts by third parties.” (Delgado v. American Multi-Cinema (1999) 72 Cal.App.4th 1403, 1406, fn. 1.)“A Plaintiff seeking recovery for negligence against a landowner must establish sufficient facts or circ*mstances that support an inference of a breach of duty, to defeat a defense summary judgment motion. [Citation.] It is not enough to provide speculation or conjecture that a dangerous condition of property might have been present at the time of the accident.” (Howard v. Omni Hotels Management Corp. (2012) 203 Cal.App.4th 403, 421.)“The fact that an accident occurred does not give rise to a presumption that it was caused by negligence.” (Id. at p. 432.)Plaintiff’s entire opposition, as well as the opinions of his expert, presume the existence of a dangerous condition. Yet, Castro has provided no evidence of a dangerous condition. Ritz Carlton, on the other hand, has provided evidence that there was no dangerous condition present at the time of the accident, which contributed to Castro being injured. If there was no dangerous condition of the property that caused or contributed to his injuries, at the time of the accident, there is no viable premises liability case against Ritz Carlton.However, Plaintiff’s counsel and Plaintiff’s expert have declared under penalty of perjury that there was an inspection scheduled for July 16, 2024. That date is after the date that the opposition was filed but has since passed. Plaintiff’s counsel states that Plaintiff needs additional time. (Ekmekchyan Dec., ¶ 2 & Exh. A.)“If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the Court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.” (Code Civ. Proc., 437c, subd. (h).)While the Court is not pleased that Plaintiff did not inspect the weight bench previously, the Court finds that the inspection should take place, and any relevant report prepared, before the Court rules on the motion for summary judgment.The continued hearing date will be less than 30 days before the date set for trial. The Court finds good cause, based on the above, to hear the motion less than 30 days before the date of trial pursuant to Code of Civil Procedure section 437c, subdivision (a)(3). In the meantime, the parties are strongly encouraged to engage in meaningful settlement negotiations.While deferring its analysis of the majority of the arguments raised in the motion and opposition, the Court will note that res ipsa loquitur is inapplicable to the current action.“ ‘Res ipsa loquitur is a rule of evidence allowing an inference of negligence from proven facts. [Citations.] It is based on a theory of ‘ “probability” ’ where there is no direct evidence of Defendant's conduct, [citations] permitting a common sense inference of negligence from the happening of the accident. [Citations.] The rule thus assists Plaintiffs in negligence cases in regard to the production of evidence. [¶] The applicability of the doctrine depends on whether it can be said the accident was probably the result of negligence by someone and Defendant was probably the person who was responsible. [Citations.] In the absence of such probabilities, there is no basis for an inference of negligence serving to take the place of evidence of some specific negligent act or omission. [Citation.] [¶] A Plaintiff must produce the following evidence in order to receive the benefit of the doctrine: 1) the accident must be of a kind which ordinarily does not occur in the absence of someone’s negligence; 2) it must have been caused by an agency or instrumentality within the exclusive control of the Defendant; and 3) the accident must not have been due to any voluntary action or contribution on the part of the Plaintiff. [Citations.]’ ” [Citation.]” (Scott v. Rayhrer (2010) 185 Cal.App.4th 1535, 1540.)As will be further explained following further briefing by the parties, Plaintiff can not satisfy the three prongs, to establish res ipsa loquitur, set forth above.

Ruling

FCS057573 - PEREZ, HEIDI JUDITH VS BOOKER, WESLEY (DMS)

Jul 26, 2024 |FCS057573

FCS057573Motions for ContemptTENTATIVE RULING:Petitioner’s “motions” for contempt are denied.No affidavit of the facts constituting any contempt has been presented to thecourt. The filing of a sufficient affidavit is a jurisdictional prerequisite to acontempt proceeding. (Code Civ. Proc. § 1211(a); Koehler v. Superior Court(2010) 181 Cal.App.4th 1153, 1169; Oil Workers Int’l Union v. Superior Court(1951) 103 Cal.App.2d 512, 541.) Page 1 of 1

Document

Philippe Habib v. Brandon J. Godbout, M.D., Yesenia Lee, P.A., Lenox Hill Hospital

Jul 22, 2024 |Torts - Medical, Dental, or Podiatrist Malpractice |Torts - Medical, Dental, or Podiatrist Malpractice |805201/2024

Document

Christina Thomas v. Avon Products, Inc., Chanel, Inc, Clinique Laboratories, Llc, Estee Lauder Inc., Imi Fabi (Diana) Llc, Kolmar Laboratories, Inc., L'Oreal Usa, Inc., Revlon Inc., Individually And As Successorin-Interest To Charles Of The Ritz, The Estee Lauder Companies Inc., Yves Saint Laurent America, Inc.

May 27, 2020 |Adam Silvera |Torts - Asbestos |Torts - Asbestos |190126/2020

Document

Christina Thomas v. Avon Products, Inc., Chanel, Inc, Clinique Laboratories, Llc, Estee Lauder Inc., Imi Fabi (Diana) Llc, Kolmar Laboratories, Inc., L'Oreal Usa, Inc., Revlon Inc., Individually And As Successorin-Interest To Charles Of The Ritz, The Estee Lauder Companies Inc., Yves Saint Laurent America, Inc.

May 27, 2020 |Adam Silvera |Torts - Asbestos |Torts - Asbestos |190126/2020

Document

Christina Thomas v. Avon Products, Inc., Chanel, Inc, Clinique Laboratories, Llc, Estee Lauder Inc., Imi Fabi (Diana) Llc, Kolmar Laboratories, Inc., L'Oreal Usa, Inc., Revlon Inc., Individually And As Successorin-Interest To Charles Of The Ritz, The Estee Lauder Companies Inc., Yves Saint Laurent America, Inc.

May 27, 2020 |Adam Silvera |Torts - Asbestos |Torts - Asbestos |190126/2020

Document

Cecilia Yusuff As Administratrix of the Estate of, Mohammed Farouk Yusuff v. Ahmed M. El-Eshmawi, Amit Audumbar Pawale, Anelechi Anyanwu, Federico Milla, Sean Pinney, Mount Sinai Medical Center

May 05, 2014 |Kathy J. King |Medical Malpractice |Medical Malpractice |805145/2014

Document

Jane Doe v. Daniel Mcavoy

Jul 25, 2024 |Suzanne J. Adams |Torts - Other (Unlawful Dissemination) |Torts - Other (Unlawful Dissemination) |156745/2024

Document

Cecilia Yusuff As Administratrix of the Estate of, Mohammed Farouk Yusuff v. Ahmed M. El-Eshmawi, Amit Audumbar Pawale, Anelechi Anyanwu, Federico Milla, Sean Pinney, Mount Sinai Medical Center

May 05, 2014 |Kathy J. King |Medical Malpractice |Medical Malpractice |805145/2014

Document

David Boies v. Alan Dershowitz

Nov 07, 2019 |Paul A. Goetz |Torts - Other (Defamation) |Torts - Other (Defamation) |160874/2019

PRE-TRIAL DOCUMENT(S) - FACT WITNESS LIST on behalf of FORD MOTOR COMPANY September 17, 2021 (2024)
Top Articles
Easy Creamy White Chicken Enchiladas
Garlic Butter Chicken
Spasa Parish
Rentals for rent in Maastricht
159R Bus Schedule Pdf
Sallisaw Bin Store
Black Adam Showtimes Near Maya Cinemas Delano
Espn Transfer Portal Basketball
Pollen Levels Richmond
11 Best Sites Like The Chive For Funny Pictures and Memes
Things to do in Wichita Falls on weekends 12-15 September
Craigslist Pets Huntsville Alabama
Paulette Goddard | American Actress, Modern Times, Charlie Chaplin
What's the Difference Between Halal and Haram Meat & Food?
R/Skinwalker
Rugged Gentleman Barber Shop Martinsburg Wv
Jennifer Lenzini Leaving Ktiv
Justified - Streams, Episodenguide und News zur Serie
Epay. Medstarhealth.org
Olde Kegg Bar & Grill Portage Menu
Cubilabras
Half Inning In Which The Home Team Bats Crossword
Amazing Lash Bay Colony
Juego Friv Poki
Dirt Devil Ud70181 Parts Diagram
Truist Bank Open Saturday
Water Leaks in Your Car When It Rains? Common Causes & Fixes
What’s Closing at Disney World? A Complete Guide
New from Simply So Good - Cherry Apricot Slab Pie
Drys Pharmacy
Ohio State Football Wiki
FirstLight Power to Acquire Leading Canadian Renewable Operator and Developer Hydromega Services Inc. - FirstLight
Webmail.unt.edu
2024-25 ITH Season Preview: USC Trojans
Metro By T Mobile Sign In
Restored Republic December 1 2022
12 30 Pacific Time
Free Stuff Craigslist Roanoke Va
Stellaris Resolution
Wi Dept Of Regulation & Licensing
Pick N Pull Near Me [Locator Map + Guide + FAQ]
Crystal Westbrooks Nipple
Ice Hockey Dboard
Über 60 Prozent Rabatt auf E-Bikes: Aldi reduziert sämtliche Pedelecs stark im Preis - nur noch für kurze Zeit
Wie blocke ich einen Bot aus Boardman/USA - sellerforum.de
Infinity Pool Showtimes Near Maya Cinemas Bakersfield
Hooda Math—Games, Features, and Benefits — Mashup Math
Dermpathdiagnostics Com Pay Invoice
How To Use Price Chopper Points At Quiktrip
Maria Butina Bikini
Busted Newspaper Zapata Tx
Latest Posts
Article information

Author: Mr. See Jast

Last Updated:

Views: 5735

Rating: 4.4 / 5 (55 voted)

Reviews: 94% of readers found this page helpful

Author information

Name: Mr. See Jast

Birthday: 1999-07-30

Address: 8409 Megan Mountain, New Mathew, MT 44997-8193

Phone: +5023589614038

Job: Chief Executive

Hobby: Leather crafting, Flag Football, Candle making, Flying, Poi, Gunsmithing, Swimming

Introduction: My name is Mr. See Jast, I am a open, jolly, gorgeous, courageous, inexpensive, friendly, homely person who loves writing and wants to share my knowledge and understanding with you.