Beatrice Companies, Inc. v. Superior Court

Petitioner seeks a writ of mandate directing respondent court to grant its motion for summary judgment.

Facts

Petitioner (defendant) is a defendant in a personal injury action prosecuted by real parties in interest (plaintiffs). The complaint alleges that plaintiff Tamera Wilson suffered toxic shock syndrome from the use of a tampon manufactured by defendant Playtex, Inc.

Defendant filed a motion for summary judgment upon the ground that although Playtex, Inc. is its wholly owned subsidiary, Playtex, Inc. is an independent corporation which alone is responsible for manufacture, distribution and sale of the product which injured plaintiff Tamera Wilson.

On February 19, 1986, the motion was heard by respondent court without a court reporter. After the motion had been orally denied, counsel for petitioner was directed to prepare an order. Counsel asked respondent court to identify the triable issues of fact which caused it to deny the motion. The court responded that there was a triable issue of fact as to the liability of Beatrice.

Petitioner’s counsel prepared a formal order stating in relevant part, “Defendant’s motion for summary judgment is hereby denied on the…