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 Theodore T. Cordery, Esq. (Bar No. 114730)
Email: tcordery@itkc.com
2 Michael J. Boland, Esq. (Bar No. 98343)
Email: mboland@itkc.com ELECTRONICALLY
3 Michael S. Romeo, Esq. (Bar No. 180978) F I L E D
Email: mromeo@itkc.com Superior Court of California,
4 IMAI, TADLOCK, KEENEY & CORDERY, LLP County of San Francisco
1660 SOUTH AMPHLETT BLVD, SUITE 300 01/28/2022
5 SAN MATEO, CA 94402 Clerk of the Court
Telephone: (415) 260-4595 BY: ERNALYN BURA
6 Facsimile: (415) 329-2244 Deputy Clerk
7 Attorneys for Defendant
MONTEREY MECHANICAL CO.
8
9
10 SUPERIOR COURT OF CALIFORNIA
IMAI, TADLOCK, KEENEY & CORDERY, LLP
11 IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
12 UNLIMITED JURISDICTION
1660 SOUT H AM PHL E T T BL VD, SUIT E 300
13 CAROL CHULICK, as Successor-in-Interest to CASE NO.: CGC-19-276757
and as Wrongful Death Heir of JOHN
SAN MAT E O, CA 94402
(415) 260-4595
CHULICK, Deceased; and DEBORAH (ASBESTOS)
LAW O FF ICES
14
HAGEN and JOLEEN HAGLER, as Wrongful
15 Death Heirs of JOHN CHULICK, Deceased, DECLARATION OF MICHAEL S. ROMEO
AND REQUEST FOR JUDICIAL NOTICE
16 Plaintiffs, IN SUPPORT OF JOINT DEFENDANTS’
v. MEMORANDUM OF POINTS AND
17 AUTHORITIES IN SUPPORT OF
RILEY POWER INC., et al., MOTION TO BIFURCATE ON THE ISSUE
18 OF WHETHER PLAINTIFFS’ CLAIMS
Defendants. FOR SURVIVAL DAMAGES ARE
19 BARRED BY THE APPLICABLE
STATUTE OF LIMITATIONS
20
Judge The Hon. Jeffrey Ross
21 Dept: 502
Complaint Filed: January 22, 2019
22 Trial Date: December 27, 2021
23
24 I, Michael S. Romeo, declare as follows:
25 1. I am an attorney licensed to practice law in the State of California, and am an
26 attorney at the law firm of Imai, Tadlock, Keeney & Cordery, LLP, attorneys of record for
27 Defendant MONTEREY MECHANICAL CO. (hereinafter “MMC.”)
28
-1-
DECLARATION OF MICHAEL S. ROMEO AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
JOINT DEFENDANTS’ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO
BIFURCATE ON THE ISSUE OF WHETHER PLAINTIFFS’ CLAIMS FOR SURVIVAL DAMAGES ARE
BARRED BY THE APPLICA
1 2. I make this declaration based upon my personal knowledge and, if called as a
2 witness, I could and would competently testify to the matters set forth herein.
3 3. Defendant Monterey Mechanical, Co., hereby respectfully requests the Court take
4 judicial notice of the Answer filed by Monterey Mechanical, Co., in this action, which is attached
5 hereto as Exhibit “A.” Judicial Notice is sought under Evidence Code Section 450-452.
6 4. In Monterey Mechanical Co.,’s Answer to Plaintiffs’ Complaint, it asserts, among
7 others, an affirmative defense that Plaintiffs’ damages claims are time-barred under the applicable
8 statutes of limitations.
9 5. Attached hereto as Exhibit A is a true and correct copy of Monterey Mechanical
10 Co.,’s February 22, 2019 Answer to Plaintiffs’ Complaint.
IMAI, TADLOCK, KEENEY & CORDERY, LLP
11 I declare under penalty of perjury under the laws of the State of California that the
12 foregoing is true and correct, and that this Declaration was executed on January 28, 2022, in San
1660 SOUT H AM PHL E T T BL VD, SUIT E 300
13 Carlos, California.
SAN MAT E O, CA 94402
(415) 260-4595
LAW O FF ICES
14
15 Michael S. Romeo
16
17
18
19
20
21
22
23
24
25
26
27
28
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DECLARATION OF MICHAEL S. ROMEO AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
JOINT DEFENDANTS’ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO
BIFURCATE ON THE ISSUE OF WHETHER PLAINTIFFS’ CLAIMS FOR SURVIVAL DAMAGES ARE
BARRED BY THE APPLICA
1 PROOF OF SERVICE
2 I, Patryce Stout, declare:
3 I am a resident of the State of California and over the age of eighteen years, and not a
party to the within action; my business address is 1660 SOUTH AMPHLETT BLVD, SUITE
4 300, SAN MATEO, CA 94402. On the date of execution below, I served the within documents:
5 DECLARATION OF MICHAEL S. ROMEO AND REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF JOINT DEFENDANTS’ MEMORANDUM OF POINTS
6 AND AUTHORITIES IN SUPPORT OF MOTION TO BIFURCATE ON THE
7 ISSUE OF WHETHER PLAINTIFFS’ CLAIMS FOR SURVIVAL DAMAGES
ARE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS
8
by electronically delivering (by Order of the Court or under Judicial Council
9 Emergency Rule 12) the document(s) listed above to the person(s) at the email
address(es) set forth below.
10
IMAI, TADLOCK, KEENEY & CORDERY, LLP
by placing the document(s) listed above in a sealed envelope with postage thereon
11 fully prepaid, in the United States mail at San Francisco, California addressed as set
forth below.
12
1660 SOUT H AM PHL E T T BL VD, SUIT E 300
13 by personally delivering the document(s) listed above to the person(s) at the
SAN MAT E O, CA 94402
address(es) set forth below.
(415) 260-4595
LAW O FF ICES
14
On the date of execution below, I electronically served the document via File &
15 ServeXpress on the recipients designated on the Transaction Receipt located on the
File & ServeXpress Web site.
16
17 Brayton Purcell LLP
222 Rush Landing Road
18 Novato, CA 94945-2469
19 I am readily familiar with the firm's practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
20 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage
21 meter date is more than one day after date of deposit for mailing in affidavit.
22 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
23
Executed on January 28, 2022, at SAN MATEO, California.
24
25
Patryce Stout
26
Chulick, Carol (WD John Chulick) v. Riley Power Inc., et al..
27
SAN FRANCISCO SUPERIOR COURT NO. CGC-19-276757
28
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DECLARATION OF MICHAEL S. ROMEO AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
JOINT DEFENDANTS’ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO
BIFURCATE ON THE ISSUE OF WHETHER PLAINTIFFS’ CLAIMS FOR SURVIVAL DAMAGES ARE
BARRED BY THE APPLICA
EXHIBIT A
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1 Theodore T. Cordery, Esq. (Bar No. 114730) Email: tcordery@itkc.com 2 Michael J. Boland, Esq. (Bar No. 98343) Email: mboland@itkc.com ELECTRONICALLY 3 Michael S. Romeo, Esq. (Bar No. 180978) F I L E D Email: mromeo@itkc.com Superior Court of California, 4 IMAI, TADLOCK, KEENEY & CORDERY, LLP County of San Francisco 1660 SOUTH AMPHLETT BLVD, SUITE 300 01/28/2022 5 SAN MATEO, CA 94402 Clerk of the Court Telephone: (415) 260-4595 BY: ERNALYN BURA 6 Facsimile: (415) 329-2244 Deputy Clerk 7 Attorneys for Defendant MONTEREY MECHANICAL CO. 8 9 10 SUPERIOR COURT OF CALIFORNIA IMAI, TADLOCK, KEENEY & CORDERY, LLP 11 IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO 12 UNLIMITED JURISDICTION 1660 SOUT H AM PHL E T T BL VD, SUIT E 300 13 CAROL CHULICK, as Successor-in-Interest to CASE NO.: CGC-19-276757 and as Wrongful Death Heir of JOHN SAN MAT E O, CA 94402 (415) 260-4595 CHULICK, Deceased; and DEBORAH (ASBESTOS) LAW O FF ICES 14 HAGEN and JOLEEN HAGLER, as Wrongful 15 Death Heirs of JOHN CHULICK, Deceased, DECLARATION OF MICHAEL S. ROMEO AND REQUEST FOR JUDICIAL NOTICE 16 Plaintiffs, IN SUPPORT OF JOINT DEFENDANTS’ v. MEMORANDUM OF POINTS AND 17 AUTHORITIES IN SUPPORT OF RILEY POWER INC., et al., MOTION TO BIFURCATE ON THE ISSUE 18 OF WHETHER PLAINTIFFS’ CLAIMS Defendants. FOR SURVIVAL DAMAGES ARE 19 BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS 20 Judge The Hon. Jeffrey Ross 21 Dept: 502 Complaint Filed: January 22, 2019 22 Trial Date: December 27, 2021 23 24 I, Michael S. Romeo, declare as follows: 25 1. I am an attorney licensed to practice law in the State of California, and am an 26 attorney at the law firm of Imai, Tadlock, Keeney & Cordery, LLP, attorneys of record for 27 Defendant MONTEREY MECHANICAL CO. (hereinafter “MMC.”) 28 -1- DECLARATION OF MICHAEL S. ROMEO AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JOINT DEFENDANTS’ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO BIFURCATE ON THE ISSUE OF WHETHER PLAINTIFFS’ CLAIMS FOR SURVIVAL DAMAGES ARE BARRED BY THE APPLICA 1 2. I make this declaration based upon my personal knowledge and, if called as a 2 witness, I could and would competently testify to the matters set forth herein. 3 3. Defendant Monterey Mechanical, Co., hereby respectfully requests the Court take 4 judicial notice of the Answer filed by Monterey Mechanical, Co., in this action, which is attached 5 hereto as Exhibit “A.” Judicial Notice is sought under Evidence Code Section 450-452. 6 4. In Monterey Mechanical Co.,’s Answer to Plaintiffs’ Complaint, it asserts, among 7 others, an affirmative defense that Plaintiffs’ damages claims are time-barred under the applicable 8 statutes of limitations. 9 5. Attached hereto as Exhibit A is a true and correct copy of Monterey Mechanical 10 Co.,’s February 22, 2019 Answer to Plaintiffs’ Complaint. IMAI, TADLOCK, KEENEY & CORDERY, LLP 11 I declare under penalty of perjury under the laws of the State of California that the 12 foregoing is true and correct, and that this Declaration was executed on January 28, 2022, in San 1660 SOUT H AM PHL E T T BL VD, SUIT E 300 13 Carlos, California. SAN MAT E O, CA 94402 (415) 260-4595 LAW O FF ICES 14 15 Michael S. Romeo 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- DECLARATION OF MICHAEL S. ROMEO AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JOINT DEFENDANTS’ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO BIFURCATE ON THE ISSUE OF WHETHER PLAINTIFFS’ CLAIMS FOR SURVIVAL DAMAGES ARE BARRED BY THE APPLICA 1 PROOF OF SERVICE 2 I, Patryce Stout, declare: 3 I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 1660 SOUTH AMPHLETT BLVD, SUITE 4 300, SAN MATEO, CA 94402. On the date of execution below, I served the within documents: 5 DECLARATION OF MICHAEL S. ROMEO AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JOINT DEFENDANTS’ MEMORANDUM OF POINTS 6 AND AUTHORITIES IN SUPPORT OF MOTION TO BIFURCATE ON THE 7 ISSUE OF WHETHER PLAINTIFFS’ CLAIMS FOR SURVIVAL DAMAGES ARE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS 8 by electronically delivering (by Order of the Court or under Judicial Council 9 Emergency Rule 12) the document(s) listed above to the person(s) at the email address(es) set forth below. 10 IMAI, TADLOCK, KEENEY & CORDERY, LLP by placing the document(s) listed above in a sealed envelope with postage thereon 11 fully prepaid, in the United States mail at San Francisco, California addressed as set forth below. 12 1660 SOUT H AM PHL E T T BL VD, SUIT E 300 13 by personally delivering the document(s) listed above to the person(s) at the SAN MAT E O, CA 94402 address(es) set forth below. (415) 260-4595 LAW O FF ICES 14 On the date of execution below, I electronically served the document via File & 15 ServeXpress on the recipients designated on the Transaction Receipt located on the File & ServeXpress Web site. 16 17 Brayton Purcell LLP 222 Rush Landing Road 18 Novato, CA 94945-2469 19 I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 20 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage 21 meter date is more than one day after date of deposit for mailing in affidavit. 22 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 23 Executed on January 28, 2022, at SAN MATEO, California. 24 25 Patryce Stout 26 Chulick, Carol (WD John Chulick) v. Riley Power Inc., et al.. 27 SAN FRANCISCO SUPERIOR COURT NO. CGC-19-276757 28 -3- DECLARATION OF MICHAEL S. ROMEO AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JOINT DEFENDANTS’ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO BIFURCATE ON THE ISSUE OF WHETHER PLAINTIFFS’ CLAIMS FOR SURVIVAL DAMAGES ARE BARRED BY THE APPLICA EXHIBIT A