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California's Court of Appeal for the First Appellate District handed asbestos defendants a major defeat in Boyle v. Certainteed Corporation. The appellate court invalidated a standing general order issued by San Francisco County Superior Court that allows defendants to seek and obtain summary judgment in their favor on an expedited basis in asbestos injury cases.

Certainteed moved for expedited summary judgment under the general order, which allows defendants in asbestos injury cases to request expedited summary judgment on 60 days notice without supporting papers based on an attorney certification that plaintiff’s discovery responses fail to identify evidence showing exposure to asbestos for which the defendant is responsible. Overriding plaintiffs' objection to the general order, the trial court granted Certainteed's motion for summary judgment.

On appeal, the Court of Appeal for the First Appellate District reversed. The court held that the general order conflicts with § 437c of the California Code of Civil Procedure, the statewide statute governing summary judgment motions. 

§ 437c requires 75 days notice and supporting evidence. Supporting evidence includes "affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken." The statute, as interpreted by the California Supreme Court, requires defendant to "present evidence and [] not simply point out through argument that the plaintiff lacks needed evidence."

The general order on its face conflicts with § 437c. It therefore cannot stand, ruled the court.