MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS
SF Superior Court - Asbestos Law & Motion - CGC26277403 - July 14, 2026 Hearing date: July 14, 2026 Case number: CGC26277403 Case title: JEREMY VOGLER ET AL VS. MERCK & CO., INC. ET AL Case Number: | | CGC26277403 | Case Title: | | JEREMY VOGLER ET AL VS. MERCK & CO., INC. ET AL | Court Date: | | 2026-07-14 09:00 AM | Calendar Matter: | | MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS | Rulings: | | On Asbestos Law and Motion Calendar for Tuesday July 14, 2026, in Department 502, Line 6. Specially Appearing Defendant PTI Union LLC's ("PTI") Motion to Quash Service of Summons and Complaint for Lack of Personal Jurisdiction is GRANTED.
Untimely Supplemental Opposition Filed. Reply filed. PTI's Motion was heard on May 12, 2026. The Motion was continued to July 14, 2026, to allow further time for Plaintiff to conduct jurisdictional discovery. This Court set Plaintiff's Supplemental Opposition ("Opposition") deadline for June 23, 2026 and PTI's Reply deadline for June 30, 2026. (See Asbestos Law and Motion Order filed May 12, 2026 ["Plaintiff's discovery request must be strictly limited to jurisdictional issues. Supplemental opposition, if any, is due by June 23, 2026. Supplemental reply, if any, is due by June 30, 2026"].)
Plaintiff did not comply with the Court's June 23, 2026 deadline. Although Plaintiff served the Opposition on June 26, 2026, service occurred three days after the court-ordered deadline. Moreover, the Opposition was not filed until July 1, 2026, eight days after the deadline and one day after PTI's Reply was due. The Opposition is also silent as to its late filing. Plaintiff offers no explanation for the late filing or his failure to seek any relief from the Court to allow consideration of this late filing.
Accordingly, the Court exercises its discretion to decline to consider the untimely Opposition. (Rules of Court, rule 3.1300(d) ["If the court, in its discretion, refuses to consider a late filed paper, the minutes or order must so indicate."]
The moving party shall lodge with the clerk in Department 502 by the time set for this hearing a proposed order repeating verbatim the substantive portion of the tentative ruling. Any party wishing to contest the tentative ruling must email contestasbestostr@sftc.org by 4:00 p.m. the day before the hearing and state their intention to contest. If a hearing is requested, it will be on July 14, 2026, at 4:00 p.m in Department 502. Attorneys may appear in person or remotely via zoom: Meeting ID 161 9575 2444; Passcode: 145616. = (SKF/502). | |
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