On January 22, 2019 a Motion-Secondary was filed involving a dispute between Chulick, Carol, Hagen, Deborah, Hagler, Joleen, and Anheuser-Busch, Llc, Anheuserbusch, Llc, Associated Insulation Of California, Buttner Corp., Columbia Mechanical Contractors, Inc., Cooper Brothers, Inc., Cosco Fire Protection, Inc., Does 1 Through 800, Inclusive, As Required By, D. Zelinksy & Sons, Inc., D. Zelinsky & Sons, Incorporated, Fdcc California, Inc., Frank Bonetti Plumbing, Inc., George H. Wilson, Inc., George Wilson Company, Inc., Grinnell Llc, Grinnell Llc (Fka Grinnell Corporation, Aka, Johnson Controls, Inc., Kelly-Moore Paint Company, Inc., Kellymoore Paint Company, Inc., Marconi Plastering Company, Inc., Metropolitan Life Insurance Company, Monterey Mechanical Co., Riley Power Inc., Rosendin Electric, Inc., Rudolph And Sletten, Inc., Scott Co. Of California, Texaco Inc., W.L. Hickey Sons, Inc., Chulick, Carol, Hagen, Deborah, Hagler, Joleen, for ASBESTOS in the District Court of San Francisco County.
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1 SUZANNE E. RISCHMAN (SBN CA 124421) srischman@selmanlaw.com 2 SHELLEY K. TINKOFF (SBN CA 187498) ELECTRONICALLY sktinkoff@selmanlaw.com 3 SELMAN BREITMAN LLP F I L E D 33 New Montgomery, Sixth Floor Superior Court of California, County of San Francisco 4 San Francisco, CA 94105-4537 Telephone: 415.979.0400 01/28/2022 5 Facsimile: 415.979.2099 Clerk of the Court BY: ERNALYN BURA Deputy Clerk 6 Attorneys for Defendant SCOTT CO. OF CALIFORNIA 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO – UNLIMITED JURISDICTION 10 11 CAROL CHULICK, as Successor-in-Interest to Case No. CGC-19-276757 LLP and as Wrongful Death Heir of JOHN 12 CHULICK, Deceased; and DEBORAH Breitman HAGEN and JOLEEN HAGLER, as Wrongful DECLARATION OF SUZANNE E. AT LAW 13 Death Heirs of JOHN CHULICK, Deceased, RISCHMAN AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF 14 Plaintiffs, DEFENDANT’S MEMORANDUM OF ATTORNEYS POINTS AND AUTHORITIES IN 15 v. SUPPORT OF MOTION TO BIFURCATE ON THE ISSUE OF WHETHER Selman 16 RILEY POWER INC., et al., PLAINTIFFS’ CLAIMS FOR SURVIVAL DAMAGES ARE BARRED BY THE 17 Defendants. APPLICABLE STATUTE OF LIMITATIONS 18 Judge: Hon. Jeffrey S. Ross 19 Dept.: 502 Action Filed: January 22, 2019 20 Trial Date: December 27, 2021 21 22 I, Suzanne E. Rischman, declare as follows: 23 1. I am an attorney licensed to practice law in the State of California, and am of Counsel 24 with the law firm of Selman Breitman, LLP, attorneys of record for Defendant 25 SCOTT CO. of CALIFORNIA (hereinafter “SCOTT CO.”) 26 2. I make this declaration based upon my personal knowledge and, if called to testify as 27 a witness, could and would competently testify to the matters set forth herein. 28 1 1076 45303 4874-8962-7400 .v2 1 3. Defendant SCOTT CO. hereby respectfully requests the Court take judicial notice of 2 the Answer filed by SCOTT CO. in this action which is attached hereto as Exhibit 3 “A”. Judicial notice is sought under Evidence Code Sections 450-452. 4 4. SCOTT CO. in its Answer to Plaintiffs’ Complaint for Damages asserts, among 5 others, an affirmative defense that Plaintiffs’ damages claims are time barred under 6 the applicable statutes of limitations. 7 5. Attached hereto as Exhibit A is a true and correct copy of SCOTT CO.’s March 5, 8 2019 Answer to Plaintiffs’ Complaint of Damages. 9 I declare under penalty of perjury under the laws of the State of California that the 10 foregoing is true and correct, and that this Declaration was executed on January 28, 2022, in 11 San Francisco , CA. LLP 12 Breitman AT LAW 13 Suzanne E. Rischman 14 ATTORNEYS 15 Selman 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Declaration of Suzanne E. Rischman and Request for Judicial Notice 1076 45303 4874-8962-7400 .v2 EXHIBIT A 1 PROOF OF SERVICE BY ELECTRONIC TRANSMISSION 2 Carol Chulick (WD John), et al. v. Riley Power, Inc., et al. San Francisco Superior Court, Case No. CGC-19-276757 3 Defendant: SCOTT CO. OF CALIFORNIA STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 4 5 I am employed in the County of San Francisco, State of California. I am over the age of 6 18 years, my business address is 33 New Montgomery, Sixth Floor, San Francisco, CA 94105, 7 and my email address is mlabrador@selmanlaw.com. 8 On the date shown below, I electronically served the following document(s) via File & 9 ServeXpress described as DECLARATION OF SUZANNE E. RISCHMAN AND 10 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT’S 11 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO LLP 12 BIFURCATE ON THE ISSUE OF WHETHER PLAINTIFFS’ CLAIMS FOR SURVIVAL Breitman AT LAW 13 DAMAGES ARE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS on 14 Brayton Purcell Phn: 415-898-1555 ATTORNEYS 222 Rush Landing Road Fax: 415-898-1247 15 P.O. Box 6169 Attorneys for Plaintiff/s Selman Novato, CA 94945 16 17 and the recipients designated on the Transaction Receipt located on the File & ServeXpress 18 website. 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. 21 Executed on January 28, 2022 at San Francisco, California. 22 23 Michelle Labrador 24 25 26 27 28 1 1076 45303 4874-8962-7400 .v2