Notice Of Motion And Motion For Order Advancing The Current Trial Date With Preference; And Extending Discovery Cutoff
SF Superior Court - Asbestos Law & Motion - CGC22277017 - September 16, 2025 Hearing date: September 16, 2025 Case number: CGC22277017 Case title: MELVIN RODRICK ET AL VS. SOCO WEST, INC. ET AL Case Number: | | CGC22277017 | Case Title: | | MELVIN RODRICK ET AL VS. SOCO WEST, INC. ET AL | Court Date: | | 2025-09-16 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion For Order Advancing The Current Trial Date With Preference; And Extending Discovery Cutoff | Rulings: | | On Asbestos Law and Motion Calendar for Tuesday, September 16, 2025, in Department 304, Line 1 to be heard in Department 206 by Judge Rochelle East.
Plaintiff's Motion for Order Advancing the Current Trial Date with Preference, and Extending Discovery Cutoff [Second Motion] is GRANTED under C.C.P. 36(a). Opposition filed by Intervenors for Defendant D/C Distribution Corporation. Reply filed.
Intervenors argue that the Declaration of Dr. Sei Lee ("Dr. Lee") lacks foundation in regard to the requirements of Code of Civil Procedure 36(a). (Opposition at p. 3.) The Court disagrees. The fact that the declaration from Dr. Lee is dated September 30, 2023, does not undermine its relevance or reliability. Intervenors cite to no authority requiring the declaration to be contemporaneous with the filing of the motion. (See Opposition at pp. 4-5.)
In addition, Intervenors did not provide any contradictory medical opinion, such as a declaration from a licensed physician or a medical doctor, disputing Dr. Lee's opinion. Furthermore, Intervenors are not physicians qualified to opine on the validity of Dr. Lee's opinions. 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.
Even if there were no such evidence, it is clear that Mr. Rodrick's health is declining and his ability to participate in this litigation is in jeopardy. (See Declaration of David Donadio at 3 and 5.) Mr. Rodrick, of course, has a substantial interest in the action as a whole and his health is such that preference is necessary to prevent prejudicing his interest in the litigation. (Code Civ. Proc. 36(a).)
Thus, "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 January 5, 2026, at 11:15 a.m. in Department 206. a. Last day pursuant to C.C.P. section 36(f) is January 14, 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 December 30, 2025. 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 December 19, 2025.
6. The expert discovery cut-off date is January 2, 2026.
(tentative ruling continues 1 of 2, see next entry) | |