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25CV161701·alameda·Civil·Asbestos Tort
Hearing about 2 months agoGRANTED

GODINA, et al. vs MERCK & CO., INC., et al.

Motion to Compel Further Amended Responses to Standard Interrogatory Nos. 35 and 36

Hearing date
Jun 30, 2026
Department
18
Prevailing
Plaintiff

Motion type

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Parties

PlaintiffHERMINIO GODINA
PlaintiffCLEMENTINA GODINA
DefendantCVS PHARMACY, INC.
DefendantMERCK & CO., INC.
DefendantSCHOLL, INC.
DefendantSCHERING-P...

Ruling

25CV161701: GODINA, et al. vs MERCK & CO., INC., SUED INDIVIDUALLY, AS ALTER-EGO OF, AND AS SUCCESSOR-IN-INTEREST TO SCHOLL, INC. AND SCHERING-P..., et al. 06/30/2026 Hearing on Motion to Compel CVS Pharmacy Inc.'s Amended Responses to Standard Interrogatories CRS# 236910790444 in Department 18

Tentative Ruling - 06/29/2026 Patrick McKinney

The Motion to Compel PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT CVS PHARMACY, INC.’S FURTHER AMENDED RESPONSES TO STANDARD INTERROGATORY NOS. 35 AND 36 filed by HERMINIO GODINA, CLEMENTINA GODINA on 06/08/2026 is Granted.

Plaintiffs Clementina Godina’s (“Mrs. Godina”) and Herminio Godina’s (collectively “Plaintiffs”) Motion to Compel defendant CVS Pharmacy, Inc.’s (“Defendant”) Further Responses to Standard Interrogatories (“StanRogs”) Nos. 35 and 36 is GRANTED.

Defendant shall serve verified Further Responses to StanRogs Nos. 35 and 36 without objections no later than 5:00 p.m. on Friday, 7/17/2026.

The Court OVERRULES all of Defendant’s objections. The requests and the specific terms objected to are not so vague and ambiguous that Defendant cannot answer them, and they are standard interrogatories in asbestos torts actions in this Court. Defendant’s attempt to limit StanRog No. 36 to talcum powder cases is improper. Further, the statement that no employee of Defendant has testified in any prior case in which Defendant has been named as a defendant in which the plaintiff alleged an “asbestos-related injury” is likely not in good faith, where Defendant admits it has had employees deposed in “talcum powder cases alleging contamination with asbestos” and the Court is aware of numerous previous cases in this Court in which the plaintiff named Defendant as a party and alleged an asbestos-torts injury.

Defendant must answer StanRog No. 36 fully and completely as propounded and not as improperly limited or narrowed by Defendant.

CONTESTING TENTATIVE ORDERS

Notify the Court and all other parties no later than 4:00 pm the day before the scheduled hearing and identify the issues you wish to argue through the following steps.

1. Log into eCourt Public Portal - https://eportal.alameda.courts.ca.gov 2. Case Search 3. Enter the Case Number and select Search 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select Click to Contest this Ruling 7. Enter your Name and Reason for Contesting 8. Select Proceed. 25CV161701: GODINA, et al. vs MERCK & CO., INC., SUED INDIVIDUALLY, AS ALTER-EGO OF, AND AS SUCCESSOR-IN-INTEREST TO SCHOLL, INC. AND SCHERING-P..., et al. 06/30/2026 Hearing on Motion to Compel CVS Pharmacy Inc.'s Amended Responses to Standard Interrogatories CRS# 236910790444 in Department 18

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