Hernandez
Hernandez v. Akebono Brake Industry Co. CA1/4
Opinion
Opinion
BACKGROUND
Per the operative complaint, plaintiffs are the widow and adult children of the deceased, Raul Hernandez (Hernandez), and plaintiff Blanca Hernandez is his successor-in-interest under Code of Civil Procedure sections 377.11, 377.20, and 377.30.
1 Plaintiffs allege that Hernandez died from mesothelioma, which he developed because of exposure to asbestos over a 40-year career as an automobile mechanic, including exposure to asbestos-containing brakes and clutches from Toyota cars at a Toyota dealership from 1977 to 2009. Plaintiffs allege that these Toyota vehicles incorporated OEM and genuine Toyota replacement parts with asbestos-containing friction components and/or entire parts supplied by ABIC. Plaintiffs assert causes of action for strict products liability, negligence, and fraud against ABIC. Plaintiffs also allege that Akebono America, Inc. (AAI), Akebono Brake Corporation (ABC)1, and Akebono International were “alternate entities” of ABIC, and that ABIC was liable for the conduct and defective products of these alternate entities. Plaintiffs named ABC as a defendant. ABIC specially appeared and filed a motion to quash service of summons (the motion), contending…