ROY EDWARD ABENDROTH VS. 3M COMPANY ET AL
Case Information
Motion(s)
MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS
Motion Type Tags
Motion to Quash
Parties
- Plaintiff: ROY EDWARD ABENDROTH
- Defendant: 3M COMPANY
- Defendant: The Stephen Co.
Ruling
SF Superior Court - Asbestos Law & Motion - CGC25277298 - July 15, 2025 Hearing date: July 15, 2025 Case number: CGC25277298 Case title: ROY EDWARD ABENDROTH VS. 3M COMPANY ET AL Case Number: | | CGC25277298 | Case Title: | | ROY EDWARD ABENDROTH VS. 3M COMPANY ET AL | Court Date: | | 2025-07-15 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 15, 2025, in Department 304, Line 6.
Specially Appearing Defendant, The Stephen Co., Individually and as Successor In Interest to Old 97 Company's ("Defendant") Motion to Quash Service of Summons and Complaint for Lack of Personal Jurisdiction is DENIED. Opposition filed. Reply filed.
Defendant's request for Judicial Notice of Plaintiff's Complaint is GRANTED, with the caveat that the Court is not judicially noticing the truth of the allegations therein. (Evid. Code, 452, subds. (c), (d).)
Defendant's request for Judicial Notice on reply of (1) a screenshot of the California Secretary of State Website; (2) a Complaint filed June 10, 2022, in Maute v. Barretts Minerals, Inc; and (3) a Complaint filed September 28, 2023 in Meade v. Barretts Minerals, Inc is GRANTED, with the caveat that the Court is not judicially noticing the truth of the allegations therein. (Evid. Code, 452, subds.
Plaintiff's request for judicial notice of (1) Defendant's 10-K filing with the Securities and Exchange Commission for Fiscal Year ending December 31, 1995; (2) Defendant's 10-K filing with the Securities and Exchange Commission for Fiscal Year ending December 31, 1994; and (3) Defendant's 10-Q filing with the Securities and Exchange Commission for period ending March 31, 1999 is GRANTED pursuant to Evidence Code, section 452, subd. (h).
Defendant's objections lack merit. Plaintiff's objection to the Declaration of Henry Jacobi, at 1, 10, 11 is SUSTAINED on the grounds of inadmissible hearsay and lack of foundation as to events and conditions prior to 2023. Defendant's objection to Exhibit R - Order from Scott v. Albertson's, Los Angeles Superior Court Case No. 25STCV05372, May 22, 2025, is SUSTAINED.
*Complete tentative ruling has been electronically served to Counsel
The moving party shall lodge with the clerk in Department 304 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. on the day before the hearing and state their intention to contest. If a hearing is requested, it will be on July 15, 2025, at 9:00 a.m.
Attorneys may appear in person or remotely via zoom: Meeting ID 160 757 8308; Passcode: 485029. Face coverings are optional.
The Court no longer provides a court reporter in the Law and Motion department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: Their name, CSR and telephone number, and their individual work email address. There will be only one official record. If the parties cannot agree, the Court will designate a qualified court reporter to provide the official transcript for the matter, and the party or parties will bear the cost. = (EPS/304) | |