Turley

*971 Plaintiffs husband and wife sued for asbestos-related injury against numerous defendants, including defendant Familian Corporation. Familian moved for summary judgment on the basis that plaintiffs could not show exposure to asbestos in a Familian-related product. Plaintiffs' opposition included a declaration from a third party witness who had not been deposed, who testified in detail to such exposure. The trial court then continued the motion, allowed the witness to be deposed, and Familian then used portions of the deposition in support of its reply. The trial court thereafter concluded that the deposition testimony "conclusively negates" the witness's declaration testimony as to exposure; refused to consider it under the principle set forth in D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1 , 112 Cal.Rptr. 786 , 520 P.2d 10 ( D'Amico ); and granted summary judgment. We conclude the trial court erred, and we reverse.

BACKGROUND

The Complaint and the Discovery

Plaintiffs Keith Turley (Turley) and his wife Joy Ann Turley (when referred to collectively, plaintiffs or the Turleys) filed a complaint on March 13, 2015 against some 50 defendants. The complaint alleged…