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Notice Of Motion And Motion For Order Advancing The Current Trial Date With Preference Pursuant To Ccp 36(A); And Extending Discovery Cutoff
SF Superior Court - Asbestos Law & Motion - CGC25277279 - May 5, 2026 Hearing date: May 5, 2026 Case number: CGC25277279 Case title: RUDY WILSON ET AL VS. PNEUMO ABEX LLC ET AL Case Number: | | CGC25277279 | Case Title: | | RUDY WILSON ET AL VS. PNEUMO ABEX LLC ET AL | Court Date: | | 2026-05-05 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion For Order Advancing The Current Trial Date With Preference Pursuant To Ccp 36(A); And Extending Discovery Cutoff | Rulings: | | On Asbestos Law and Motion/Discovery Calendar for Tuesday, May 5, 2026, for 9:00 AM Department 502, Line 2.
Plaintiff's Motion for Order Advancing the Current Trial Date with Preference, and Extending Discovery Cutoff is GRANTED under C.C.P. sec 36(a) and 36.5.
Conditional Non-Opposition filed by Defendant Frank R. Connell & Son Inc. Oppositions filed by Intervenors Sentry Insurance Company and Harford Casualty Insurance Company on behalf of Defendant Richmond Hardware, Defendants Kaiser Gypsum Company Inc, Metalclad Insulation LLC; and ZF Active Safety Us Inc. Joinder filed by Defendants Yale Industrial Products, Inc; Toshiba International Corporation; Pneumo Abex LLC; and Morse Tec LLC. Defendants Dolans of Pinole Lumbar and Building Materials Co's Joinder and Quad-C Corporation's opposition were untimely. Reply filed.
Defendants' opposition and conditional demands are meritless. Dr. Sei J. Lee opines that "due to Mr. Wilson's various comorbidities and advanced age, his ability to participate in a legal proceeding is already impaired and will continually decline further as time passes." (Declaration of Dr. Sei J. Lee, dated April 6, 2026 at 7.) Defendants did not provide any contradictory medical opinion, such as a declaration from a licensed physician or a medical doctor, disputing Dr. Lee's opinion. As this Court has previously stated, unsupported speculation about a plaintiff's health is not a valid basis to oppose a preference motion grounded in admissible medical evidence.
Moreover, the Court will not impose conditions on Plaintiff's right to a preferential trial date. "Where a party meets the requisite standard for calendar preference under [Code of Civil Procedure section 36] subdivision (a), preference must be granted. No weighing of interests is involved." (Fox v. Superior Court (2018) 21 Cal.App.5th 529, 535; see also, e.g., Miller v. Superior Court (1990) 221 Cal.App.3d 1200, 1204
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1. The trial date is advanced to August 24, 2026, at 11:15 a.m. in Department 206. a. Last day pursuant to C.C.P. section 36(f) is September 2, 2026. b. The parties shall follow the California Rules of Court, San Francisco Local Rules, and Local Rule 20.
2. The last day for hearing summary judgment/adjudication motions is August 18, 2026. a. Summary judgment/adjudication motions shall be brought on regular notice pursuant to the relevant provisions of the C.C.P., unless the parties stipulate otherwise. b. Before a party files and serves a summary judgment/adjudication motion, it must contact the clerk to make a reservation. c. The Court allows a maximum of four summary judgment/adjudication motions per day to be calendared, unless good cause is found to exceed this number. Contact the clerk to schedule a good cause hearing.
3. Time to respond to written discovery not yet served is shortened to 20 days. a. For written discovery that has already been served, responses are due within 20 days of this hearing or by the date determined by the C.C.P., whichever is earlier. b. Any issue/dispute that requires meet and confer, shall occur in person or via telephone, not by email or letter.
4. Electronic service is considered the equivalent of personal service.
5. The fact discovery cut-off date is August 7, 2026.
6. The expert discovery cut-off date is August 21, 2026. (Part 1 of 2, Tentative ruling continues in next entry) | |