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KESNER v. SUPERIOR COURT

Nos. A136378, A136416.

226 Cal.App.4th 251 (2014)

171 Cal. Rptr. 3d 811

JOHNNY BLAINE KESNER, JR., Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; PNEUMO ABEX LLC, Real Party in Interest. JOHNNY BLAINE KESNER, JR., Plaintiff and Appellant, v. PNEUMO ABEX LLC, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

May 15, 2014.

Attorney(s) appearing for the Case

Weitz & Luxenberg, Benno Ashrafi , Cindy Saxey , Josiah Parker ; Kazan, McClain, Satterley and Greenwood and Ted W. Pelletier for Plaintiff and Appellant.

Brydon Hugo & Parker, Edward R. Hugo , James C. Parker and Jeffrey Kaufman for Real Party in Interest.

Gordon & Rees and Don Willenburg for Association of Defense Counsel of Northern California and Nevada as Amicus Curiae on behalf of Real Party in Interest.

Horvitz & Levy, Curt Cutting and Steven Fleischman for Association of Southern California Defense Counsel as Amicus Curiae on behalf of Real Party in Interest.

OPINION

POLLAK, Acting P. J. —

Johnny Blaine Kesner, Jr., appeals following the grant of a motion for nonsuit in favor of Pneumo Abex LLC (Abex). Kesner's uncle was employed by Abex from 1973 to 2007. Kesner seeks to hold Abex liable for mesothelioma he contracted, allegedly due in part to his exposure, while present in his uncle's home, to friable asbestos that his uncle brought home...

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