Appeals Court Issues Mandate on Asbestos Motion Barred by 75-day Notice Provision

SAN FRANCISCO - A state appeals court recently reinstated a defendant's motion for summary judgment in an exigent asbestos case, determining that a trial court erred when it removed the motion from its calendar for failure to provide sufficient notice. Burns International Services Corporation v. The Superior Court of the City and County of San Francisco, No. A102244 (Calif. App. Ct., First Dist.).

In a decision vacating the order that removed the motion filed by Burns International Services Corp., the California Court of Appeal on April 21 ordered the trial court to hear the motion despite the late notice.

Doing …