JOHN SHANNON ET AL VS. CARRIER CORPORATION ET AL
Case Information
Motion(s)
Motion For Order Granting Preference In Setting Case For Trial, And Extending Discovery Cutoff
Motion Type Tags
Other
Parties
- Plaintiff: John Shannon
- Defendant: Carrier Corporation
- Defendant: Swinerton Builders
- Defendant: Nibco Inc.
- Defendant: P.E O'Hair and Co.
- Defendant: Red-White Valve Corp.
- Defendant: Westburne Supply, Inc.
- Defendant: Toshiba International Corporation
Attorneys
- David Donadio — for Plaintiff
Ruling
SF Superior Court - Asbestos Law & Motion - CGC25277277 - June 17, 2025 Hearing date: June 17, 2025 Case number: CGC25277277 Case title: JOHN SHANNON ET AL VS. CARRIER CORPORATION ET AL Case Number: | | CGC25277277 | Case Title: | | JOHN SHANNON ET AL VS. CARRIER CORPORATION ET AL | Court Date: | | 2025-06-17 09:00 AM | Calendar Matter: | | Motion For Order Granting Preference In Setting Case For Trial, And Extending Discovery Cutoff | Rulings: | | On Asbestos Law and Motion Calendar for Tuesday, June 17, 2025, in Department 304, Line 5.
Plaintiff's Motion for Order Granting Preference in Setting Case for Trial, and Extending Discovery Cutoff is GRANTED under C.C.P. 36(a). Opposition filed by Defendants (1) Swinerton Builders; (2) Nibco Inc., and (3) P.E O'Hair and Co. Joinder filed by Red-White Valve Corp. Reply filed.
The Court notes that Plaintiff's reply brief references oppositions filed by Defendants Westburne Supply, Inc. and Toshiba International Corporation; however, no oppositions were filed by these parties. As to the oppositions that were filed, the Court finds they are meritless.
Based on the declarations of Plaintiff, his treating physician, Barbara Galligan, M.D., and his attorney, David Donadio, the Court finds preference is warranted. "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 [statute "grants a mandatory and absolute right to trial preference"]; Swaithes v. Superior Court (1989) 212 Cal.App.3d 1082, 1085 [trial court "has no power to balance the different interests of opposing litigants in applying the provision"]; Koch-Ash v. Superior Court (1986) 180 Cal.App.3d 689, 694 [section 36(a) "must be deemed to be mandatory and absolute" and "no discretion is left to trial courts."].)
1. The trial date is October 6, 2025, at 11:15 a.m. in Department 206. a. Last day pursuant to C.C.P. section 36(f) is October 15, 2025. b. The parties shall follow the California Rules of Court, San Francisco Local Rules, and Local Rule 20.