California Court of Appeal

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BNSF Railway Company v. Superior Court for the County of Los Angeles (Kralovetz), B260798

In this wrongful death action in which real parties allege that decedent Kralovetz developed and died from malignant pleural mesothelioma as a result of exposure to asbestos and asbestos-containing products at a facility owned by petitioner's predecessor, petitioner seeks a writ of mandate directing the trial court to vacate its order denying petitioner's motion to quash service of process for lack of general personal jurisdiction. Real parties in interest oppose the issuance of the writ and request judicial notice of several documents that support their position. The request for judicial notice is denied and the petition for writ of mandate is granted, where: 1) none of the reasons real parties advance in support of their request for judicial notice constitute an exceptional circumstance justifying the inclusion of additional evidence; and 2) petitioner's operations in California are not sufficient in comparison to its national operations and are not so "continuous and systematic" as to render it "at home" in California.

Appellate Information

  • Decided 03/27/2015
  • Published 03/27/2015

Judges

  • Collins

Court

  • California Court of Appeal

Counsel