California Asbestos Case Law

Asbestos decisions from California's courts and the federal courts there: 381 cases in our library so far. For what the law requires today, see California asbestos laws; for where exposure happened, see California asbestos exposure sites.

State appeals courts

California Court of Appeal

• Sabetian v. Exxon Mobil Corp. (2nd Appellate District, 7th Division, 2020). The Court of Appeal affirmed summary judgment for the Chevron and Exxon defendants, holding they owed no duty of care to Sabetian, and upheld discovery sanctions against Sabetian and his counsel in favor of the Exxon defendants.
• Textron, Inc. v. Travelers Casualty and Surety Company (2nd Appellate District, 4th Division, 2020). The Court of Appeal reversed the summary judgment for Travelers Casualty and Surety Co. on Textron's declaratory relief complaint and both cross-complaints, and remanded with directions to deny Travelers' motions.
• Berg v. Colgate-Palmolive Company (1st Appellate District, 1st Division, 2019). The Court of Appeal affirmed summary judgment for Colgate-Palmolive, holding that Berg and his wife failed to show a triable issue on whether the Mennen shave talc he used contained asbestos.
• Burch v. Certainteed Corporation (1st Appellate District, 4th Division, 2019). The Court of Appeal affirmed the order granting JNOV to CertainTeed on intentional misrepresentation and denying it on concealment, reversed the judgment and remanded for a new judgment making CertainTeed jointly and severally liable for all damages, and affirmed denial of CertainTeed's motion to compel acknowledgment of partial satisfaction.
• Harris v. Triple A Machine Shop, Inc. (1st Appellate District, 5th Division, 2019). The Court of Appeal reversed the summary judgment for Triple A Machine Shop, finding a triable issue on whether its ship repair work exposed Michael Harris to asbestos, and remanded for the trial court to address Triple A's alternative summary adjudication request; Harris's family won.
• Malek v. Chevron U.S.A. (In re Laosd Asbestos Cases) (2nd Appellate District, 4th Division, 2019). The Court of Appeal affirmed summary judgment for Chevron U.S.A., Texaco and ConocoPhillips, holding they owed no duty of care to Farid Malek or his spouse, so the Maleks lost.
• Linsowe v. Hennessy Indus. (In re Laosd Asbestos Cases) (2nd Appellate District, 4th Division, 2019). The Court of Appeal affirmed the trial court's orders granting the Linsowes a new trial and denying their motion for partial JNOV, finding the special verdict irreconcilably inconsistent, and remanded for a new trial; Hennessy's appeal failed and the Linsowes' cross-appeal was moot.
• Friedman v. American Biltrite (In re Laosd Asbestos Cases) (2nd Appellate District, 4th Division, 2019). The Court of Appeal reversed the judgment entered for American Biltrite after a directed verdict, holding plaintiffs Robert and Carole Friedman presented sufficient exposure and causation evidence, and remanded for further proceedings.
• Mettias v. The Pep Boys Manny, Moe & Jack of California (Laosd Asbestos Cases) (2nd Appellate District, 4th Division, 2019). The Court of Appeal affirmed the judgment entered on the jury's verdict for Pep Boys against the Mettias children, holding that the refusal to give general negligence instructions and the misstatements in reading the instructions caused no prejudicial error.
• Lopez v. the Hillshire Brands Company (1st Appellate District, 5th Division, 2019). The Court of Appeal affirmed the judgment for the Lopez family against Hillshire Brands after jury trial, rejecting Hillshire's challenges and also rejecting the family's cross-appeal over summary adjudication of punitive damages.
• Rickert v. American Honda Motor Co., Inc. (2nd Appellate District, 4th Division, 2019). The Court of Appeal affirmed the coordination judge's order staying the California wrongful death case on forum non conveniens grounds, so American Honda, Yamaha and Kawasaki prevailed over plaintiff Charlene Rickert.
• Schildknegt v. Air and Liquid Systems Corp. (2nd Appellate District, 4th Division, 2019). The Court of Appeal reversed the summary judgment for Air & Liquid Systems (as successor to Buffalo Pumps) and the nonsuit for Parsons, Fluor and Fluor Enterprises, and remanded for further proceedings, so the Schildknegt plaintiff prevailed on appeal.
• Foglia v. Moore Dry Dock Company (1st Appellate District, 2nd Division, 2018). The Court of Appeal affirmed summary judgment for Moore Dry Dock against the Foglia plaintiffs, finding no admissible evidence that the decedent's father was exposed to asbestos at the shipyard, and awarded the company its appeal costs.
• Hake v. Allied Fluid Products Corp. (1st Appellate District, 4th Division, 2018). The Court of Appeal affirmed the judgment of nonsuit for Honeywell, holding Hake waived his Washington-law argument and could not prove under Kansas law that Bendix brake exposure was a substantial factor in causing his mesothelioma.
• Hart v. Keenan Properties, Inc. (1st Appellate District, 5th Division, 2018). The Court of Appeal reversed the judgment against Keenan Properties, holding the trial court abused its discretion in admitting a foreman's hearsay testimony about invoices, so the Harts lost their verdict of about $1.63 million.
• Hart v. Special Electric Company, Inc. (1st Appellate District, 5th Division, 2018). The Court of Appeal affirmed summary judgment for Special Electric Company, Inc., holding that Hart's claims were time-barred under Wisconsin's two-year post-dissolution claims period.
• Hubbard v. California Water Service Company (1st Appellate District, 3rd Division, 2018). The Court of Appeal affirmed the judgment for defendants California Water Service Company and San Jose Water Company after a defense jury verdict, rejecting the Hubbard heirs' challenges to the jury instructions and the sufficiency of the evidence.
• Alfaro v. Colgate-Palmolive Co. (Laosd Asbestos Cases) (2nd Appellate District, 4th Division, 2018). The Court of Appeal reversed the trial court's order that taxed all of Colgate-Palmolive's costs against plaintiff Alfaro, held Colgate entitled to its allowable costs under sections 1032 and 1033.5, and remanded for the trial court to decide which costs were reasonable and whether Colgate's section 998 offer was made in good faith.
• Marteney v. Elementis Chemicals Inc. (2nd Appellate District, 4th Division, 2018). The Court of Appeal affirmed the wrongful death judgment for Marty Marteney's adult children against Elementis Chemicals, rejecting Elementis's claims that the judgment was void and that it was owed larger settlement credits.
• Rudolph v. Rudolph and Sletten, Inc. (1st Appellate District, 5th Division, 2018). The Court of Appeal affirmed the judgment for Rudolph and Sletten, Inc., holding that workers' compensation exclusivity barred Allen and Pamela Rudolph's tort claims after the demurrer was sustained without leave to amend.
• Trapp v. CertainTEED Corporation (6th Appellate District, 2018). The Court of Appeal reversed the summary judgments for CertainTeed and Calaveras on the negligence, premises liability and strict liability claims, but held both defendants entitled to summary adjudication on the warranty and retained-control claims, which the Trapp family had abandoned.
• Williams v. the Pep Boys Manny Moe & Jack OF California (1st Appellate District, 4th Division, 2018). The Court of Appeal affirmed the trial court's rulings for Pep Boys that the wrongful death claims were time-barred and that punitive damages were not shown, but reversed the judgment because the trial court failed to award damages for home health care provided before the decedent's death and wrongly awarded Pep Boys expert fees under section 998, and remanded.
• Wittman v. Coty, Inc. (2nd Appellate District, 4th Division, 2018). The Court of Appeal affirmed summary judgment for Coty, Inc. against John and Barbara Wittman because they lacked evidence that Barbara was exposed to asbestos in Coty's face powder, and their expert's declaration was properly excluded for lack of chain of custody.
• Alfaro v. Imerys Talc America Inc. (2nd Appellate District, 4th Division, 2017). The Court of Appeal affirmed the judgment for Colgate-Palmolive and Imerys Talc America, holding the trial court did not abuse its discretion in excluding plaintiff's expert's testing of vintage talc containers and his related exposure opinion.
• Beckering v. Shell Oil Company (2nd Appellate District, 3rd Division, 2017). The Court of Appeal, on remand from the California Supreme Court, reversed summary judgment for Shell Oil Company and remanded with directions to deny the motion, holding Shell owed Beckering a duty of care.
• City of Pasadena v. Superior Court of Los Angeles County (2nd Appellate District, 4th Division, 2017). The Court of Appeal granted the City of Pasadena's writ petition and directed the trial court to vacate its order overruling the City's demurrer and enter a new order sustaining it, defeating the Jaureguis' claim against the City.
• DeLOOF v. Ace Hardware Corp. (2nd Appellate District, 4th Division, 2017). The Court of Appeal affirmed summary judgment for W.W. Henry Company and against the plaintiffs, the decedent's husband and son, because they had no evidence the decedent was exposed to an asbestos-containing product made by W.W. Henry.
• Duty v. Trz Realty, LLC (1st Appellate District, 3rd Division, 2017). The Court of Appeal reversed the judgment (nonsuit) for TRZ Realty, LLC after the trial court excluded plaintiffs' causation expert, remanded for further proceedings, and dismissed TRZ's consolidated appeal over expert fees as moot.
• Johnson v. ArvinMeritor, Inc. (1st Appellate District, 5th Division, 2017). The Court of Appeal affirmed summary judgment for ArvinMeritor, Maremont and Carlisle, so Johnson lost his claims against them.
• Johnson v. Dock (1st Appellate District, 1st Division, 2017). The Court of Appeal affirmed summary judgment for Moore Dry Dock, finding plaintiffs Richard and Marcella Johnson had no admissible evidence that Johnson was exposed to asbestos from the defendant's products.
• Lyons v. Colgate-Palmolive Co. (1st Appellate District, 3rd Division, 2017). The Court of Appeal reversed the summary judgment for Colgate-Palmolive, finding that plaintiff Mary Lyons raised a triable issue on whether Cashmere Bouquet talc contained asbestos.
• Paulus v. JM Manufacturing Co., Inc. (2nd Appellate District, 4th Division, 2017). The Court of Appeal affirmed the trial court's order denying J-M Manufacturing's renewed motion, filed about three years after the settled wrongful death case was dismissed, to seal a privileged memorandum in the court file; the plaintiffs prevailed.
• Petitpas v. Ford Motor Company (2nd Appellate District, 4th Division, 2017). The Court of Appeal affirmed the judgment for Exxon Mobil, Ford and Rossmoor, rejecting plaintiffs' challenges to the summary adjudication for Exxon, the nonsuit for Rossmoor, the jury instructions on Ford, and the defense verdict for Exxon.
• Phillips v. Honeywell International Inc. (5th Appellate District, 2017). The Court of Appeal affirmed the judgment of about $5.88 million, including $3.5 million in punitive damages, for Phillips's wife and children against Honeywell (successor to Bendix), rejecting all of Honeywell's claims of error.
• Saller v. Crown Cork & Seal Company, Inc. (2nd Appellate District, 1st Division, 2017). The Court of Appeal reversed the $3.6 million punitive damages award against Crown Cork & Seal for lack of evidence of its own ability to pay, and affirmed the rest of the judgment for Saller's wife and daughters.
• Sandoval v. American Appliance Manufacturing Corp. (2nd Appellate District, 4th Division, 2017). The Court of Appeal reversed summary judgment and summary adjudication for AAMC on the Sandovals' negligence, strict liability, loss of consortium and punitive damages claims, affirmed as to the premises liability and warranty claims they had dismissed, and remanded.
• Stewart v. Union Carbide Corporation (2nd Appellate District, 4th Division, 2017). The Court of Appeal affirmed judgment for Union Carbide, upholding summary adjudication that Janet Stewart's loss of consortium claim was barred by res judicata and the setoff of her husband's asbestos trust settlements against her entire economic damages award.
• Turley v. Familian Corporation (1st Appellate District, 2nd Division, 2017). The Court of Appeal reversed the summary judgment for Familian Corporation and sent the case back, so the Turleys won the appeal and recovered their costs.
• Baeza v. Special Electric Company, Inc. (2nd Appellate District, 4th Division, 2016). The Court of Appeal affirmed the defense judgment for Special Electric Company, rejecting the Baezas' claims of attorney misconduct in closing argument and of instructional and judicial error.
• Casey v. Kaiser Gypsum Co. Inc. (1st Appellate District, 4th Division, 2016). The Court of Appeal affirmed the judgment for John and Patricia Casey against Kaiser Gypsum, rejecting Kaiser Gypsum's appeal and the Caseys' cross-appeal over the reduction of punitive damages to just under $4 million.
• Davis v. Honeywell International Inc. (2nd Appellate District, 4th Division, 2016). The Court of Appeal affirmed the judgment on the jury verdict for plaintiff Nickole Davis against Honeywell International Inc., holding that the trial court properly admitted the plaintiff's expert and properly refused Honeywell's proposed causation instruction.
• DePREE v. BASF Catalysts LLC (1st Appellate District, 5th Division, 2016). The Court of Appeal affirmed summary judgment for BASF Catalysts, Eastern Magnesia Talc and Pita Realty, and the DePrees lost, because they showed only a possibility that Mr. DePree was exposed to asbestos-contaminated Emtal talc in Bondo.
• Gerlach v. Goodman Lumber Company (1st Appellate District, 1st Division, 2016). The Court of Appeal reversed the summary judgment for Goodman Lumber Company and directed the trial court to vacate it, so plaintiffs (Charlifue's successor and wife) won a chance to proceed.
• Hanson v. Collins Electrical Co. (1st Appellate District, 1st Division, 2016). The Court of Appeal reversed the summary judgment for Collins Electrical Company, holding Hanson raised a triable issue on medical monitoring damages despite having no lung impairment.
• Kordestani v. ExxonMOBIL Oil Corporation (2nd Appellate District, 4th Division, 2016). The Court of Appeal reversed the trial court's order dismissing plaintiffs' negligence claims against Exxon and remanded for further proceedings, and dismissed Exxon's cross-appeal on the choice-of-law ruling for lack of standing.
• Lepore v. Kelsey-Hayes Co. (1st Appellate District, 4th Division, 2016). The Court of Appeal reversed summary judgment for Ford, Navistar and Kelsey-Hayes, finding triable issues on whether Lepore was exposed to asbestos from their products, and affirmed summary judgment for Gibbs International.
• Marquez v. Pac Operating Limited Partnership (2nd Appellate District, 4th Division, 2016). The Court of Appeal affirmed the judgment for PAC Operating Limited Partnership after a jury trial, holding that the trial court properly excluded Anthony Marquez's late-disclosed theory that PAC's predecessor owned the Coalinga city site, and properly denied his new trial motion.
• Moran v. Foster Wheeler Energy Corporation (2nd Appellate District, 4th Division, 2016). The Court of Appeal reversed the judgment for Foster Wheeler Energy Corporation, which rested on a jury finding that Richard Moran was a sophisticated user, and remanded for retrial, with Moran recovering his appeal costs.
• O'leary v. Dillingham Construction NA, Inc. (1st Appellate District, 1st Division, 2016). The Court of Appeal reversed the summary judgment for Dillingham Construction and held that plaintiff Betty O'Leary's expert declaration was enough to raise a triable issue that the insulation contained asbestos.
• Rondon v. Hennessy Industries, Inc. (1st Appellate District, 4th Division, 2016). The Court of Appeal reversed the trial court's summary judgment for Hennessy Industries, holding that Renee Rondon, suing for her late husband's mesothelioma, raised triable issues on strict liability and negligence.