FRANCES BOYLE v. CERTAINTEED CORPORATION
Filed 3/10/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
| FRANCES BOYLE et al., Plaintiffs and Appellants, v. CERTAINTEED CORPORATION, Defendant and Respondent. | A108301 (San Francisco County Super. Ct. No. 403988) |
The San Francisco County Superior Court has a general order applicable to asbestos injury cases that provides for expedited summary judgment on 60 days notice and without supporting papers except for an attorney certification that plaintiff's discovery responses fail to identify evidence showing exposure to asbestos for which the defendant is responsible. We conclude that the trial court's general order conflicts with the statewide statute governing summary judgment motions, which requires 75 days notice and supporting evidence, and is thus invalid. (Code Civ. Proc., § 437c.) We reverse the summary judgment granted under the expedited procedure.
I. facts
Plaintiffs are family members of Charles Edward Boyle who died in March 2002, allegedly from mesothelioma due to asbestos exposure. Plaintiffs filed a wrongful death action against CertainTeed Corporation (CertainTeed) and many other defendants. Plaintiffs allege that CertainTeed manufactured or distributed asbestos.
On June 11, 2004, CertainTeed served and filed notice of its intent to request expedited summary judgment pursuant to San Francisco County Superior Court General Order No. 157 (General Order No. 157). Hearing was set for August 13, 2004, in 63 days. The request was supported by the declaration of CertainTeed's attorney, who declared that she reviewed all the discovery exchanged between the parties; that CertainTeed provided all the information it was required to produce in discovery; and that â€
