This case was last updated from Los Angeles County Superior Courts on 12/02/2022 at 07:06:02 (UTC).

CAROLE HANSEN, VS BARRETTS MINERALS INC.

Case Summary

On 06/08/2022 CAROLE HANSEN, filed a Personal Injury - Asbestos Product Liability lawsuit against BARRETTS MINERALS INC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8922

  • Filing Date:

    06/08/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Asbestos Product Liability

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

HANSEN CAROLE

Defendants

BARRETTS MINERALS INC.

BRENNTAG NORTH AMERICA INC.

BRENNTAG SPECIALTIES LLC FKA A BRENNTAG SPECIALTIES INC. FKA MINERAL PIGMENT SOLUTIONS INC. SUED INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO WHITTAKER CLARK & DANIELS INC.

CHANEL INC.

CHARLES B. CHRYSTAL COMPANY INC.

COLOR TECHNIQUES INC.

CONOPCO INC. DBA UNILEVER HOME & PERSONAL CARE USA SUED INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO ELIZABETH ARDEN INC.

COTY INC.

ELIZABETH ARDEN INC.

ESTE LAUDER INC.

L'OREAL USA INC. DBA LANC ME

LONGS DRUG STORES CALIFORNIA L.L.C.

PFIZER INC.

PRESPERSE CORPORATION

PRESPERSE INTERNATIONAL CORP

REVLON CONSUMER PRODUCTS CORPORATION

SEPHORA CO LLC

SEPHORA USA INC.

SPECIALTY MINERALS INC. SUED INDIVIDUALLY AND AS A SUBSIDIARY OF MINERALS TECHNOLOGIES INC.

1 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorney

PURDY STUART J.

Defendant Attorneys

KO SANDRA M.

DUBOIS JACQUELINE K.

GOLDBERG KAREN B.

KATERNDAHL JOHN P.

THACKSTON ROBERT

ATIGAPRAMOJ PAUL S

CHANG STEPHANIE C.

LEWIS SHAWTINA F.

MARTINEZ REYNOLD MONTAGUE

MCGAH SEAN C.

WEISS LINDSAY

KHARE VIIU SPANGLER

MEAK VANTHARA

LANGBORD PETER BENNETT

 

Court Documents

Notice - NOTICE DEFENDANT PRESPERSE CORPORATION INDIVIDUALLY AND DBA PRESPERSE INTERNATIONAL CORP.S LIST OF FORMER TESTIMONY

11/30/2022: Notice - NOTICE DEFENDANT PRESPERSE CORPORATION INDIVIDUALLY AND DBA PRESPERSE INTERNATIONAL CORP.S LIST OF FORMER TESTIMONY

Unknown - REQUEST FOR REFUND / ORDER (EFILING)

11/29/2022: Unknown - REQUEST FOR REFUND / ORDER (EFILING)

Stipulation and Order - STIPULATION AND ORDER STIPULATION AND [PROPOSED] ORDER BETWEEN PLAINTIFF AND DEFENDANTS REGARDING NON-EXPERT MOTIONS IN LIMINE

11/28/2022: Stipulation and Order - STIPULATION AND ORDER STIPULATION AND [PROPOSED] ORDER BETWEEN PLAINTIFF AND DEFENDANTS REGARDING NON-EXPERT MOTIONS IN LIMINE

Stipulation and Order - STIPULATION AND [PROPOSED] ORDER RE: BRIEFING ON EXPERT RELATED MOTIONS IN LIMINE

11/21/2022: Stipulation and Order - STIPULATION AND [PROPOSED] ORDER RE: BRIEFING ON EXPERT RELATED MOTIONS IN LIMINE

Notice - NOTICE OF TAKING OFF CALENDAR DEFENDANT CONOPCO, INC.S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE SUMMARY ADJUDICATION OF ISSUES

11/17/2022: Notice - NOTICE OF TAKING OFF CALENDAR DEFENDANT CONOPCO, INC.S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE SUMMARY ADJUDICATION OF ISSUES

Notice - NOTICE DEFENDANT ESTEE LAUDER, INC.S NOTICE OF TAKING MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OFF CALENDAR

11/17/2022: Notice - NOTICE DEFENDANT ESTEE LAUDER, INC.S NOTICE OF TAKING MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OFF CALENDAR

Request for Dismissal - REQUEST FOR DISMISSAL WITHOUT PREJUDICE

11/7/2022: Request for Dismissal - REQUEST FOR DISMISSAL WITHOUT PREJUDICE

Minute Order - MINUTE ORDER (COURT ORDER)

11/10/2022: Minute Order - MINUTE ORDER (COURT ORDER)

Association of Attorney

11/10/2022: Association of Attorney

Declaration - DECLARATION OF KAREN B. GOLDBERG IN SUPPORT OF DEFENDANT SEPHORA USA, INC.'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES

11/4/2022: Declaration - DECLARATION OF KAREN B. GOLDBERG IN SUPPORT OF DEFENDANT SEPHORA USA, INC.'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES

Motion for Summary Judgment - DEFENDANT SEPHORA USA, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES; MEMORANDUM OF POINTS AND AUTHORITIE

11/4/2022: Motion for Summary Judgment - DEFENDANT SEPHORA USA, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES; MEMORANDUM OF POINTS AND AUTHORITIE

Separate Statement - DEFENDANT SEPHORA USA, INC.'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES

11/4/2022: Separate Statement - DEFENDANT SEPHORA USA, INC.'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES

Request for Judicial Notice - DEFENDANT SEPHORA USA, INC.'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES

11/4/2022: Request for Judicial Notice - DEFENDANT SEPHORA USA, INC.'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES

Notice - NOTICE OF RESOLUTION AS TO DEFENDANTS BARRETTS MINERALS INC., COTY, INC., PFIZER INC. AND SPECIALTY MINERALS INC.

11/1/2022: Notice - NOTICE OF RESOLUTION AS TO DEFENDANTS BARRETTS MINERALS INC., COTY, INC., PFIZER INC. AND SPECIALTY MINERALS INC.

Declaration - DECLARATION OF MARY ANN ALFIERI IN SUPPORT OF MSJ/A

10/20/2022: Declaration - DECLARATION OF MARY ANN ALFIERI IN SUPPORT OF MSJ/A

Separate Statement - SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MSJ/A

10/20/2022: Separate Statement - SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MSJ/A

Declaration - DECLARATION OF MARY ANN ALFIERI IN SUPPORT OF MSJ/A

10/20/2022: Declaration - DECLARATION OF MARY ANN ALFIERI IN SUPPORT OF MSJ/A

Declaration - DECLARATION OF SHAWTINA LEWIS IN SUPPORT OF MSJ/A

10/20/2022: Declaration - DECLARATION OF SHAWTINA LEWIS IN SUPPORT OF MSJ/A

109 More Documents Available

 

Docket Entries

  • 01/03/2023
  • Hearing01/03/2023 at 09:00 AM in Department 15 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 01/03/2023
  • Hearing01/03/2023 at 09:00 AM in Department 15 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 01/03/2023
  • Hearing01/03/2023 at 09:00 AM in Department 15 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 01/03/2023
  • Hearing01/03/2023 at 09:00 AM in Department 15 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Adjudication

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  • 01/03/2023
  • Hearing01/03/2023 at 09:00 AM in Department 15 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 12/19/2022
  • Hearing12/19/2022 at 09:00 AM in Department 15 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 12/14/2022
  • Hearing12/14/2022 at 1:45 PM in Department 15 at 312 North Spring Street, Los Angeles, CA 90012; Status Conference

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  • 11/30/2022
  • DocketNotice Defendant Presperse Corporation Individually And Dba Presperse International Corp.S List Of Former Testimony; Filed by: Presperse Corporation (Defendant); Presperse International Corp (Defendant); As to: Carole Hansen, (Plaintiff)

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  • 11/29/2022
  • DocketRequest for Refund / Order (eFiling); Filed by: Este Lauder, Inc. (Defendant)

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  • 11/28/2022
  • DocketStipulation and Order Stipulation And [Proposed] Order Between Plaintiff And Defendants Regarding Non-Expert Motions In Limine; Signed and Filed by: Carole Hansen, (Plaintiff); As to: Whittaker Clark & Daniels, Inc. (Defendant)

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153 More Docket Entries
  • 06/09/2022
  • DocketUpdated -- Whittaker Clark & Daniels, Inc. (Defendant): Organization Name changed from WHITTAKER CLARK & DANIELS, INC. to Whittaker Clark & Daniels, Inc.

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  • 06/09/2022
  • DocketCase assigned to Hon. Lawrence P. Riff in Department 15 Spring Street Courthouse

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  • 06/09/2022
  • DocketUpdated -- Brenntag North America, Inc. (Defendant): Organization Name changed from BRENNTAG NORTH AMERICA, INC. (sued individually and as successor-in-interest to MINERAL PIGMENT SOLUTIONS, INC. and as successor-in-interest to WHITTAKER CLARK & DANIELS, INC.); to Brenntag North America, Inc.

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  • 06/09/2022
  • DocketUpdated -- Brenntag Specialties LLC (Defendant): Organization Name changed from BRENNTAG SPECIALTIES LLC f/k/a BRENNTAG SPECIALTIES, INC. f/k/a MINERAL PIGMENT SOLUTIONS, INC. (sued individually and as successor-in-interest to WHITTAKER CLARK & DANIELS, INC.); to Brenntag Specialties LLC

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  • 06/09/2022
  • DocketUpdated -- Chanel, Inc. (Defendant): Organization Name changed from CHANEL, INC. to Chanel, Inc.

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  • 06/08/2022
  • DocketThe case is placed in special status of: Asbestos

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  • 06/08/2022
  • DocketComplaint; Filed by: Carole Hansen, (Plaintiff); As to: Barretts Minerals Inc. (Defendant)

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  • 06/08/2022
  • DocketCivil Case Cover Sheet; Filed by: Carole Hansen, (Plaintiff); As to: Barretts Minerals Inc. (Defendant)

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  • 06/08/2022
  • DocketSummons on Complaint; Issued and Filed by: Carole Hansen, (Plaintiff); As to: Barretts Minerals Inc. (Defendant)

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  • 06/08/2022
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: *******8922 Hearing Date: September 7, 2022 Dept: 15

[TENTATIVE] ORDER RE MOTION FOR PREFERENCE

On June 8, 2022, Carol Hensen filed a complaint alleging personal injury due to asbestos exposure. On August 11, 2022, Plaintiff filed this motion for trial preference pursuant to Code of Civil Procedure sections 36 subdivision (a).

A party who is over 70 years old may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation. (Code Civ. Proc., 36, subd. (a).) An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any party. (Code Civ. Proc., 36.5.)

“Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record.” (Id., 36, subd. (f).) “Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.” (Id.)

Carol Hansen is 80 years old and was diagnosed with mesothelioma. (Hansen Decl., 1-2.) She has shortness of breath, weakness, and fatigue, and has lost the ability to do everyday activities. (Ibid.) She has difficulty remaining focused and alert. (Id. at 6.) She can no longer drive herself. (Id. at 4.)

The Court finds that Carol Hansen has a substantial interest in the action as a whole. Under section 36 subdivision (a), a doctor’s declaration is not necessary. The declarations establish that Hansen’s health and age are such that a preference is necessary to prevent prejudicing her interest in the litigation. Her health and ability to focus and remain alert have already deteriorated and there is no evidence they will improve. To the contrary, the evidence is that her condition will continue to decline. Granting preference here is necessary to ensure Hansen can participate in the trial while her health permits.

Defendants request that the Court shorten the notice period for motions for summary judgment and summary adjudication. The Court cannot do that. (See McMahon v. Superior Court (2003) 106 Cal.App.4th 112, 115-18; see also Urshan v. Musicians’ Credit Union (2004) 120 cal.App.4th 758, 765-66 (discussing McMahon and reversing judgment for failure to provide notice by the statutorily required minimum time period).) At most, parties may stipulate to waive the statutorily mandated minimum notice period. (See Credit Suisse First Boston Mortgage Capital v. Danning, Gill, Diamond & Kollitz (2009) 178 Cal.App.4th 1290, 1301.)

The motion is GRANTED. Trial is set for January 3, 2023 at 9 a.m. The Final Status Conference is December 19, 2023 at 9 a.m. The parties are to meet and confer on a trial setting order. The Court sets a status conference re trial setting order for September 15, 2022 at 9 a.m.

The moving party is to give notice.



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