DONALD A CALLONI VS. ALGOMA HARDWOODS, INC ET AL

SF Superior Court - Asbestos Law & Motion - CGC25277348 - May 12, 2026 Hearing date: May 12, 2026 Case number: CGC25277348 Case title: DONALD A CALLONI VS. ALGOMA HARDWOODS, INC ET AL Case Number: | | CGC25277348 | Case Title: | | DONALD A CALLONI VS. ALGOMA HARDWOODS, INC ET AL | Court Date: | | 2026-05-12 09:00 AM | Calendar Matter: | | Plaintiff'S Notice Of Motion And Motion For Order Granting Trial Setting Preference Pursuant To C.C.P. 36(A) | Rulings: | | On Asbestos Law and Motion Calendar for Tuesday May 12, 2026, in Department 304, Line 1.

Plaintiff's Motion for Order Advancing the Current Trial Date with Preference, and Extending Discovery Cutoff is GRANTED under C.C.P. 36(a) and 36.5. Opposition filed by Defendants Viking Group Inc and P.E O'Hair & Co. Joinder filed by Defendants: (1) DAP, Inc.k/n/a La Miradar Products Co, Inc; (2) Morse Tec LLC, (3) Sterling Wander LLLP; and (4) ZE Active Safety US Inc. Conditional non-opposition filed by Defendant Kaiser Gypsum Company Inc. Untimely joined filed by Pep Boys Manny, Moe and Jack of California LLC. Reply filed.

"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 ["The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration. To the contrary, a motion under subdivision (a) may be supported by nothing more than an attorney's declaration based upon information and belief as to the medical diagnosis and prognosis of any party"]; 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 August 31, 2026, at 11:15 a.m. in Department 206. a. Last day pursuant to C.C.P. section 36(f) is September 9, 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 August 25, 2026. 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 August 14, 2026.

6. The expert discovery cut-off date is August 28, 2026.

7. All bankruptcy documents shall be turned over to defendants no later than June 11, 2026. a. If Plaintiff submits documents to bankruptcy trusts after this date, they must notify Defendants no later than five days after submission. b. The fact discovery cut-off does not apply to bankruptcy documents. (tentative ruling continues 1 of 2, see next entry) | |