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.