Snyder

Snyder v. Superior Court

Good Law
157 Cal. App. 4th 1530·2007 Cal. App. LEXIS 2048·69 Cal. Rptr. 3d 600
Court of Appeal of CaliforniaDecember 18, 2007B197993California1,842 words

Opinion

Opinion

Ashmann-Gerst, J.

The trial court dismissed without prejudice the wrongful death action filed by petitioners (the Snyders). It did so because they failed to comply with Los Angeles Superior Court second amended general order 29 (General Order 29) by identifying witnesses or documents connecting the real party in interest Caterpillar, Inc. (Caterpillar), to the asbestos-related death of Gail Richard Snyder, Sr. The Snyders contend that the dismissal must be reversed. In their view, General Order 29 is invalid because it conflicts with the work product doctrine in Code of Civil Procedure section 2018.030, the proscription against continuing interrogatories in section 2030.060, subdivision (g), the discovery timelines in section 2024.020, and the summary judgment procedure in section 437c. Also, they contend that General Order 29 provides for an invalid terminating sanction. We conclude that General Order 29 either conflicts with, or is inconsistent with, section 2018.030 and, accordingly, grant this writ petition. We express no opinion regarding other points raised.

FACTS

General Order 29

General Order 29 requires a plaintiff in an asbestos action to file a case report within eight months…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.