Lyons

Lyons v. Colgate-Palmolive Co.

Good Law
16 Cal. App. 5th 463·2017 Cal. App. LEXIS 913·223 Cal. Rptr. 3d 883·2017 WL 4683772
Court of Appeal of CaliforniaOctober 19, 2017A150567California3,557 words

Opinion

lead Opinion

Pollak, J.

*464 Plaintiff Mary Lyons appeals from the summary judgment entered against her on her product liability claim against Colgate-Palmolive Company (Colgate), based on the allegation that she developed mesothelioma from the use of Colgate's Cashmere Bouquet cosmetic talcum powder. In granting the motion, the trial court failed to comply with Code of Civil Procedure section 437c, subdivision (g), requiring a written order specifying the reasons for its determination and "specifically refer[ring] to the *465 evidence proffered in support of and, if applicable, in opposition to the motion that indicates no triable issue exists." Its tentative ruling adopted after the hearing indicated only its view that "Plaintiff failed to submit evidence to create a triable issue whether she was exposed to asbestos-containing products or materials attributable to defendant." Although the judgment prepared by defense counsel and signed by the court provided greater specificity in adopting defendant's sundry arguments, the record nonetheless contains substantial evidence creating a triable issue as to whether Colgate's Cashmere Bouquet talc contained asbestos that may be found to have been a substantial…

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