This case was last updated from Santa Clara County Superior Courts on 08/14/2019 at 07:58:46 (UTC).

Gruder v. Johnson & Johnson, et al. [Coordinated into JCCP4872 Los Angeles]

Case Summary

On 09/18/2018 Gruder filed an Other - Complex Tort/Class Action lawsuit against Johnson Johnson, Coordinated into JCCP4872 Los Angeles. This case was filed in Santa Clara County Superior Courts, Downtown Superior Court located in Santa Clara, California. The Judge overseeing this case is Walsh, Brian C. The case status is Other - Stayed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ******4708

  • Filing Date:

    09/18/2018

  • Case Status:

    Other - Stayed

  • Case Type:

    Other - Complex Tort/Class Action

  • Court:

    Santa Clara County Superior Courts

  • Courthouse:

    Downtown Superior Court

  • County, State:

    Santa Clara, California

Judge Details

Judge

Walsh, Brian C

 

Party Details

Plaintiff

Gruder, Ilene

Defendants

Imerys Talc America, Inc.

Johnson & Johnson Consumer Companies, Inc.

Johnson & Johnson

Not Classified By Court

Superior Court of California

Attorney/Law Firm Details

Plaintiff Attorney

London, Sarah Robin

Not Classified By Court Attorney

Superior Court of CA, County of Santa Clara

 

Court Documents

Notice

Notice of Court Order re Coordination of Add-On Cases: Comment: Notice of Court Order Re Coordination of Add-On Cases

Order: Deeming Case Complex

Order Deeming Case Complex and Staying Action Pending Coordination Proceedings: Comment: Order Deeming Case Complex and Staying Action Pending Coordination Proceedings signed/BCW

Notice: Related Cases

Notice Related Cases: Comment: Notice of Related Case

Summons: Issued/Filed

Summons Issued Filed:

Civil Case Cover Sheet

Civil Cover Sheet - Gruder.pdf: Comment: COMPLEX

Complaint (Unlimited) (Fee Applies)

Complaint (Unlimited) (Fee Applies): Comment: Complaint for Damages

 

Docket Entries

  • 01/04/2019
  • Conference: Case Management - Judicial Officer: Walsh, Brian C; Hearing Time: 10:00 AM; Cancel Reason: Vacated; Comment: (1st CMC) Discovery and responsive pleading deadline stayed, as of 9/19/18, when the case was deemed complex. Matter stayed, as of 9/19/18, pending coordination proceedings.

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  • 10/30/2018
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  • Notice - Notice of Court Order re Coordination of Add-On Cases: Comment: Notice of Court Order Re Coordination of Add-On Cases

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  • 10/02/2018
  • Proof of Service: Summons DLR (Civil) - Comment: Proof of Service of Summons/Complaint (Imerys)

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  • 10/02/2018
  • Proof of Service: Summons DLR (Civil) - Comment: Proof of Service of Summons/Complaint (Johnson & Johnson Consumer Companies, Inc)

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  • 10/02/2018
  • Proof of Service: Summons DLR (Civil) - Comment: Proof of Service of Summons/Complaint (Johnson & Johnson)

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  • 09/19/2018
  • View Court Documents
  • Order: Deeming Case Complex - Order Deeming Case Complex and Staying Action Pending Coordination Proceedings: Comment: Order Deeming Case Complex and Staying Action Pending Coordination Proceedings signed/BCW

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  • 09/18/2018
  • View Court Documents
  • Notice: Related Cases - Notice Related Cases: Comment: Notice of Related Case

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  • 09/18/2018
  • View Court Documents
  • Summons: Issued/Filed - Summons Issued Filed:

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  • 09/18/2018
  • View Court Documents
  • Civil Case Cover Sheet - Civil Cover Sheet - Gruder.pdf: Comment: COMPLEX

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  • 09/18/2018
  • View Court Documents
  • Complaint (Unlimited) (Fee Applies) - Complaint (Unlimited) (Fee Applies): Comment: Complaint for Damages

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Complaint Information

E-FILED

9/18/2018 5:03 PM Sarah R. London (State Bar No. 267083) Clerk of Court

slondon@Ichb.com

LIEFF CABRASER HEIMANN & Superior Court of CA, BERNSTEIN LLP County of Santa Clara 275 Battery Street, 29th Floor 18CV334708

San Francisco, CA 94111 Reviewed By: R. Walker

Telephone: (415) 956-1000 Facsimile: (415) 956-1008

Wendy R. Fleishman, Esq. (Pro hac vice forthcoming) wfleishman(@lchb.com

LIEFF CABRASER HEIMANN & BERNSTEIN LLP

250 Hudson Street, 8th Floor

New York, NY 10013

Telephone: (212) 355-9500

Facsimile: (212) 355-9592

Attorneys for Plaintiff(s)

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA ~ 18CV334708

[LENE GRUDER, Case N

Plaintiff(s), V. COMPLAINT FOR DAMAGES

NOTICE OF POTENTIAL ADD-ON CASES AND REQUEST FOR COORDINATION AND NOTICE OF INTENT TO ADOPT MASTER COMPLAINT

JOHNSON & JOHNSON, a New Jersey corporation doing business in California;

JOHNSON & JOHNSON CONSUMER

COMPANIES, INC., a New Jersey corporation doing business in California; IMERYS TALC AMERICA, INC., a Delaware corporation with its principal place of business in the State of California; and, DOES 1 through 100, inclusive,

DEMAND FOR JURY TRIAL

Defendants.

THIS COMPLAINT RELATES TO:

Judicial Council Coordination Proceeding No. 4872: JOHNSON & JOHNSON TALCUM

POWDER CASES

PLAINTIFF COMPLAINS OF THE DEFENDANTS AND COMPLAINS OF EACH OF

THEM AS FOLLOWS: 1. Plaintiff hereby incorporates the Master Complaint filed in JOHNSON & JOHNSON TALCUM POWDER CASES, JCCP No. 4872, and adopts the causes of action marked in Paragraph 13 of this Complaint. Plaintiff agrees to be bound by any rulings with respect to the pleadings. 2. Plaintiff(s) brings this action in the following capacities: X Individual Claim: Plaintiff ILENE GRUDER is an individual who sustained personal injuries and damages as a result of her use of Defendants’ talc based products, including Johnson & Johnson’s Shower to Shower- and/or Johnson’s Baby Powder, of which is complained of in this action. [ Spousal Claim: Plaintiff 1s the spouse of Decedent who sustained personal injuries and damages as a result of Decedent’s use of Defendants’ talc based products, including Johnson & Johnson’s Shower to Shower and/or Johnson’s Baby Powder, of which is complained of in this action. L] Wrongful Death Claim: Decedent sustained fatal injuries as a result of Decedent’s use of Defendants’ talc based products, including Johnson & Johnson’s Shower to Shower and/or Johnson’s Baby Powder, of which is complained of in this action. The following Plaintiff(s) is the heir of Decedent, or other person entitled to bring an action for the wrongful death of Decedent, and brings the causes of action alleged 1n paragraph 13 of this Complaint and Notice of Adoption of Master Complaint,

pursuant to section 377.60 of the California Code of Civil Procedure: Plaintiff(s).

[] Survivor Claim: Decedent sustained fatal injuries as a result of Decedent’s use of Defendants’ talc based products, including Johnson & Johnson’s Shower to Shower and/or Johnson’s Baby Powder, of which is complained of in this action. The following Plaintiff is the successor and/or representative in interest of Decedent, and brings the causes of action alleged in paragraph 13 of this Complaint and Code of Civil Procedure (affidavit(s) or declaration(s) pursuant to section 377.32 were filed concurrently herewith): Plaintiff(s) Date of death: 3. [] Other: 4. Venue of this case is appropriate in the Superior Court of the State of California, County of SANTA CLARA. Venue is appropriate in this county for the following reasons: X at least one defendant now resides in this county L] the principal place of business of a defendant corporation or unincorporated association in this county

[] injury to person occurred in this county ] other:

5. Plaintiff is a resident of SAN DIEGO, County of SAN DIEGO. 6. Prior to suffering the injuries alleged in this complaint, Plaintiff/Decedent purchased and used Defendants’ talc based product(s) which is complained of in this action, including:

X Shower to Shower

X Johnson’s Baby Powder

[ Other: s Plaintiff/Decedent resided in MIAMI, FLORIDA, County of MIAMI-DADE and SAN DIEGO, CALIFORNIA, County of SAN DIEGO, at the time Defendants’ talc based product(s) were purchased and used by Plaintiff/Decedent. 8. On or about APRIL 2010 Plaintiff /Decedent was diagnosed with ovarian cancer as a resulttalc based product(s) developed, manufactured, designed, marketed, labeled, promoted, tested, distributed, and/or sold by Defendants. 9. On or about APRIL 28. 2010 Plaintiff /Decedent underwent a complete hysterectomy procedure.

NOTICE IS HEREBY GIVEN that Plaintiff(s) is asserting a claim or claims for damages that generally involve the purchase and use of Defendants’ talc based product(s) and that, accordingly, this case 1s eligible for statewide coordination pursuant to sections 404, et seq., of the California Code of Civil Procedure, and inclusion in Judicial Council Coordinated Proceeding No. 4872 now pending before the Honorable Maren E. Nelson, J udge of the Superior Court of the State of California for the

County of Los Angeles.

10. Upon information and belief, beginning in approximately 1960’s, Plaintiff purchased the PRODUCTS and used said PRODUCTS on a daily basis in and around her perineal regions through in or about 1990. While a citizen and resident of the state of FLORIDA and CALIFORNIA, and a citizen and resident of the County of MIAMI-DALE and SAN DIEGO, Plaintiff purchased the PRODUCTS and used the PRODUCTS by applying the PRODUCTS to her body in accordance with the instructions for use that accompanied the PRODUCTS and in a reasonably foreseeable manner.

11. Upon information and belief, in or about APRIL 2010, Plaintiff was diagnosed with ovarian

cancer, stage four, and underwent a COMPLETE HYSTERECTOMY PROCEDURE

CHEMOTHERAPHY. and other treatments for said ovarian cancer. Plaintiff was diagnosed with ovarian cancer, which developed while she resided in the state of FLORIDA. Plaintiff developed ovarian cancer, and suffered effects and sequellae therefrom, while a citizen and resident of the state of FLORIDA as a direct and proximate result of the unreasonably dangerous and defective nature of talcum powder, the main ingredient of the PRODUCTS, and Defendants” wrongful and negligent conduct in the research, development, testing, manufacture, production, promotion, distribution, marketing, and sale of the PRODUCTS. L2, Plaintiff(s) alleges that the Defendants listed below, whose names are checked, are liable to Plaintiff as set forth in the Master Complaint of JCCP 4872:

X Johnson & Johnson

X Johnson & Johnson Consumer Companies, Inc. Imerys Talc America Does 1 to 100, inclusive [] Other(s): 13. Plaintiff sues the Defendants for the causes of action checked below:

X Strict Liability - Failure to Warn (Against J&J Defendants) X Strict Liability - Failure to Warn (Against Imerys)

X X X X

X

X O O 0O X

Strict Liability - Design Defect - Consumer Expectations (Against J&J Defendants) Strict Liability - Design Defect - Consumer Expectations (Against Imerys) Negligent Failure to Warn (Against J&J Defendants)

Negligent Failure to Warn (Against Imerys)

Deceit by Concealment (Against J&J Defendants)

Deceit by Concealment (Against Imerys)

Loss of Consortium

Wrongful Death

Survival

Other(s) Deceit by Concealment, Fraud, Violation of Cal. Bus. & Prof. Code §§ 17200, et seq.. Violation of Cal. Bus. & Prof. Code §§ 17500, et seq. (Set forth in Attachment “1.”)

WHEREFORE, PLAINTIFF PRAYS FOR JUDGMENT AS FOLLOWS:

X

XKX

X

X

Past and future general damages, the exact amount of which has yet to be ascertained, in an amount which will conform to proof at time of trial;

Past and future economic and special damages according to proof at the time of trial; Loss of earnings and impaired earning capacity according to proof at the time of trial; Medical expenses, past and future, according to proof at the time of trial;

Loss of consortium damages according to proof at the time of trial;

Funeral expenses and other special damages according to proof at the time of trial; Punitive or exemplary damages according to proof at the time of trial;

Attorney’s fees;

For costs of suit incurred herein;

For pre-judgment interest as provided by law; and

For such other and further relief as the Court may deem just and proper.

5 DATED: September 18, 2018 Respectfully submitted,

LIEFF CABRASER HEIMANN & BERNSTEIN LL

By: rah R. London

Sarah R. London (State Bar No. 267083)

slondon(@lchb.com

Tiseme G. Zegeye (State Bar No. 319927) zegeye(@lchb.com

LIEFF CABRASER HEIMANN & BERNSTEIN LLP

275 Battery Street, 29th Floor

San Francisco, CA 94111

Telephone: (415) 956-1000

Facsimile: (415) 956-1008

Wendy R. Fleishman, Esq. (Pro hac vice forthcoming)

wfleishman(@Ichb.com

LIEFF CABRASER HEIMANN & BERNSTEIN LLP

250 Hudson Street, 8th Floor

New York, NY 10013

DEMAND FOR JURY TRIAL

Plaintiff(s) hereby demands a jury trial on all counts in this Complaint. DATED: September 18, 2018 Respectfully submitted,

LIEFF CABRASER HEIMANN & BERNSTEIN LLP

7

By: S . London

Sarah R. London (State Bar No. 267083)

slondon(@lchb.com

Tiseme G. Zegeye (State Bar No. 319927)

tzegeye(@Ichb.com

LIEFF CABRASER HEIMANN & BERNSTEIN LLP

275 Battery Street, 29th Floor

San Francisco, CA 94111

Telephone: (415) 956-1000

Facsimile: (415) 956-1008

Wendy R. Fleishman, Esq. (Pro hac vice forthcoming)

wfleishman(@lchb.com

LIEFF CABRASER HEIMANN & BERNSTEIN LLP

250 Hudson Street, 8th Floor

New York, NY 10013

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