J-M Manufacturing, Inc.’s Demurrer to P’s Complaint; J-M Manufacturing, Inc.’s Motion to Strike; B&R Supply, Inc.’s Demurrer to P’s Complaint; B&R Supply, Inc.’s Motion to Strike
2026CUAS059711: GARY MCANALLY, et al. vs ATLANTIC RICHFIELD COMPANY, et al. 07/15/2026 in Department 43 Demurrer
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Motions: 1. J-M Manufacturing, Inc.s Demurrer to Ps Complaint 2. J-M Manufacturing, Inc.s Motion to Strike 3. B&R Supply, Inc.s Demurrer to Ps Complaint 4. B&R Supply, Inc.s Motion to Strike Tentative Rulings: The demurrers of J-M Manufacturing Company, Inc. and B&R Supply, Inc. to the First Cause of Action (Negligence), the Second Cause of Action (Strict Liability), the Third Cause of Action False Representation) and the Fourth Cause of Action (Intentional Tort) are overruled. The complaint sufficiently alleges factual support for these causes of action and is not uncertain.
2026CUAS059711: GARY MCANALLY, et al. vs ATLANTIC RICHFIELD COMPANY, et al.
The motions of J-M Manufacturing Company Inc.s and B&R Supply, Inc. to strike the references to punitive damages and the allegations of ratification/involvement of managing agents, officers and directors are denied. For pleading purposes, the allegations are sufficient, as they exceed bare bones assertions of malice, oppression or fraud. (
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The Complaint alleges that those products were defective and unsafe for their intended use because inhalation of asbestos fibers causes serious disease and death; that J-M, B&R and other defendants knew of the hazards of asbestos exposure; that exposed persons, including Plaintiff Gary McAnally, did not know of those hazards; that J-M, B&R and other defendants failed to warn, concealed and suppressed known dangers, and continued to place asbestos-containing products into the stream of commerce; and that Plaintiff was exposed to asbestos-containing products in a reasonably foreseeable manner, causing asbestos-related disease, including asbestosis and other lung injury. (Complaint, ¶¶ 8-13, 19-29).
As alleged, J-M and B&R and other defendants acted with conscious disregard of the safety of exposed persons because they had prior knowledge of a substantial risk of injury or death resulting from asbestos exposure, including mesothelioma, lung cancer, asbestosis, and asbestos pleural disease. (Complaint, ¶ 23.) The conduct was ratified by managing agents, directors and/or officers. (Complaint at ¶¶16&17.). These allegations are sufficient to support a prayer for punitive damages. J-M Manufacturing Company, Inc. and B&R Supply, Inc. filed answers concurrent with their demurrers.
Plaintiff is ordered to serve notice of the Courts ruling.
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