On January 22, 2019 a Motion,Ex Parte 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 Douglas G. Wah, Esq. SBN 64692 Nicole B. Yuen, Esq. SBN 184120 2 FOLEY & MANSFIELD, PLLP ELECTRONICALLY 2185 North California Boulevard, Suite 575 3 Walnut Creek, CA 94596 F I L E D Superior Court of California, Telephone: (510) 590-9500 County of San Francisco 4 Facsimile: (510) 590-9595 Email: nyuen@foleymansfield.com 12/29/2021 5 Clerk of the Court BY: ERNALYN BURA Attorneys for Defendant Deputy Clerk 6 COLUMBIA MECHANICAL CONTRACTORS, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN FRANCISCO 10 11 CAROL CHULICK, as Successor-in-Interest to Case No.: CGC-19-276757 and as Wrongful Death Heir of JOHN 12 CHULICK, Deceased; and DEBORAH [Assigned for Pre-Trial Purposes to Hon. Cynthia HAGEN and JOLEEN HAGLER, as Wrongful 13 Death Heirs of JOHN CHULICK, Deceased, Ming-Mei Lee, Dept. 503] 14 Plaintiffs, [Assigned for Trial to Hon. Jeffrey S. Ross, Dept. 502] 15 vs. 16 RILEY POWER INC., et al., [RESERVED] JOINT DEFENSE MOTION IN LIMINE TO EXCLUDE TESTIMONY, 17 Defendants. OPINIONS AND/OR REPORTS OF DR. DANIEL POWERS 18 [JOINT DEFENSE MIL #2] 19 20 Department: 502 21 22 Complaint Filed: January 22, 2019 Trial Date: December 27, 2021 23 24 25 26 27 /// 28 /// 1 [RESERVED] JOINT DEFENSE MOTION IN LIMINE TO EXCLUDE TESTIMONY, OPINIONS AND/OR REPORTS OF DR. DANIEL POWERS [JOINT DEFENSE MIL #2] 1 Defendants will move in limine for an order to exclude the testimony, opinions and reports of 2 Dr. Daniel Powers. This motion is being reserved as Dr. Powers’ deposition was taken on December 3 21, 2021, and the final deposition transcript is not yet available. Defendants will serve and file this 4 motion in limine upon receipt of the deposition transcript of Dr. Powers. 5 6 FOLEY & MANSFIELD, PLLP DATED: December 29, 2021 7 8 By: Douglas G. Wah 9 Nicole B. Yuen Attorneys for Defendant 10 COLUMBIA CONTRACTORS, INC. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [RESERVED] JOINT DEFENSE MOTION IN LIMINE TO EXCLUDE TESTIMONY, OPINIONS AND/OR REPORTS OF DR. DANIEL POWERS [JOINT DEFENSE MIL #2] 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 181 W. Huntington Drive, Suite 210, Monrovia, 4 CA 91016. 5 On December 29, 2021, I served the foregoing document described as: 6 [RESERVED] JOINT DEFENSE MOTION IN LIMINE TO EXCLUDE TESTIMONY, OPINIONS AND/OR REPORTS OF DR. DANIEL POWERS 7 [JOINT DEFENSE MIL #2] 8 on the interested parties in this action by placing a true copy thereof enclosed in sealed 9 envelope(s) addressed as follows: 10 Via File & ServeXpress Via File & ServeXpress 11 Alan R. Brayton, Esq. David R. Donadio, Esq. ALL DEFENSE COUNSEL 12 DDonadio@braytonlaw.com James P. Nevin, Esq. 13 Nancy Williams, Esq. BRAYTON PURCELL LLP 14 Attorneys at Law 15 222 Rush Landing Road P.O. Box 6169 16 Novato, CA 94948-6169 Telephone: (415) 898-1555 17 Attorneys for Plaintiff 18 (BY ELECTRONIC VERSION) Pursuant to San Francisco Court General Order No. 158, ☒ CCP 1010.6 and CRC 2.251, or pursuant to the Stipulation and Order Authorizing Electronic 19 Service, or by an agreement of the parties, I electronically e-served through File & ServeXpress and caused the document(s) to be sent to the person(s) at the email addresses 20 designated on the Transaction Receipt located on the File & ServeXpress website. To the best of my knowledge, at the time of the transmission, the transmission was reported as complete 21 and without error. 22 [STATE] I declare under penalty of perjury under the laws of the State of California that the ☒ above is true and correct. 23 24 Executed on December 29, 2021, Monrovia, California 25 26 Irene Rodriguez 27 28 3 [RESERVED] JOINT DEFENSE MOTION IN LIMINE TO EXCLUDE TESTIMONY, OPINIONS AND/OR REPORTS OF DR. DANIEL POWERS [JOINT DEFENSE MIL #2]