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.
Preview
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
Telephone: (510) 590-9500 Superior Court of California,
County of San Francisco
4 Facsimile: (510) 590-9595
Email: nyuen@foleymansfield.com 10/08/2021
5 Clerk of the Court
BY: SANDRA SCHIRO
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
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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 to Hon. Cynthia Ming-Mei Lee, Dept.
HAGEN and JOLEEN HAGLER, as Wrongful
13 Death Heirs of JOHN CHULICK, Deceased, 503]
14 Plaintiffs, DECLARATION OF NICOLE BROWN
YUEN IN SUPPORT OF COLUMBIA
15 vs. MECHANICAL CONTRACTORS, INC.’S
MOTION FOR SUMMARY JUDGMENT
16 RILEY POWER INC., et al.,
[Filed and Served Concurrently with Notice of
17 Defendants. Motion; Memorandum of Points and Authorities;
Separate Statement of Undisputed Facts; Index of
18 Exhibits; Request for Judicial Notice; and [Proposed]
Order]
19
Date: December 23, 2021
20 Time: 9:30 a.m.
Department: 503
21
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24 Complaint Filed: January 22, 2019
Trial Date: December 27, 2021
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DECLARATION OF NICOLE BROWN YUEN IN SUPPORT OF COLUMBIA MECHANICAL CONTRACTORS,
INC.’S MOTION FOR SUMMARY JUDGMENT
1 DECLARATION OF NICOLE BROWN YUEN
2 I, Nicole Brown Yuen, declare as follows:
3 1. I am an attorney at law, duly licensed to practice before all the Courts of the State of
4 California, and am a partner at the law firm of Foley & Mansfield, PLLP, the attorneys of record for
5 Defendant Columbia Mechanical Contractors, Inc. (“Columbia Mechanical” or “Defendant”) in this
6 action. I have personal knowledge of the matters stated herein, and if called upon could and would
7 competently testify thereto.
8 2. Attached to the Index of Exhibits as Exhibit A is a true and accurate copy of Plaintiffs’
9 Complaint for Wrongful Death, filed on January 22, 2019.
10 3. Attached to the Index of Exhibits as Exhibit B is a true and accurate copy of relevant
11 portions of Decedent John Chulick Complaint for Personal Injury, filed on February 22, 2004.
12 4. Attached to the Index of Exhibits as Exhibit C is a true and accurate copy of Decedent
13 John Chulick 1st Amended Complaint for Personal Injury, filed on April 4, 2004.
14 5. Attached to the Index of Exhibits as Exhibit D is a true and accurate copy of Decedent
15 John Chulick 2nd Amended Complaint for Personal Injury, filed on April 22, 2004.
16 6. Attached to the Index of Exhibits as Exhibit E is a true and accurate copy of Decedent
17 John Chulick 3rd Amended Complaint for Personal Injury, filed on August 11, 2004.
18 7. Attached to the Index of Exhibits as Exhibit F is a true and accurate copy of Decedent
19 John Chulick 4th Amended Complaint for Personal Injury, filed on September 3, 2004.
20 8. Due to never being a party in the Personal Injury action, Columbia Mechanical did not
21 appear at Decedent’s deposition.
22 9. The Decedent was deposed over 14 days from 2003 to 2005; not once did Decedent
23 identify Columbia Mechanical at his deposition.
24 10. Attached to the Index of Exhibits as Exhibit G are true and accurate copies of excerpts
25 of the Deposition of John Chulick taken June 2, 2003, pp. 943:22-24, 946:6-8.
26 11. Attached to the Index of Exhibits as Exhibit H are true and accurate copies of excerpts
27 of the Deposition of John Chulick taken November 17, 2003, pp. 1538:3-23; 1539:1-1540:11;
28 1558:18-1559: 8.
2
DECLARATION OF NICOLE BROWN YUEN IN SUPPORT OF COLUMBIA MECHANICAL CONTRACTORS,
INC.’S MOTION FOR SUMMARY JUDGMENT
1 12. Attached to the Index of Exhibits as Exhibit I are true and accurate copies of excerpts
2 of the Deposition of John Chulick taken November 18, 2003 pp. 1924:16-24, 1926:16-1927:1.
3 13. Attached to the Index of Exhibits as Exhibit J are true and accurate copies of excerpts
4 of the Deposition of John Chulick taken October 12, 2004, pp. 2018:18-21, 2020:17-2021:1, 2027:25-
5 2028:12.
6 14. Attached to the Index of Exhibits as Exhibit K are true and accurate copies of excerpts
7 of the Deposition of John Chulick taken October 13, 2004 pp. 2202:3-6, 2205:3-5
8 12. Attached to the Index of Exhibits as Exhibit L are true and accurate copies of excerpts
9 of Exhibit 1A to the Deposition of John Chulick.
10 13. Attached to the Index of Exhibits as Exhibit M is a true and correct copy of Plaintiffs’
11 Verified Supplemental/Amended Responses to Standard Interrogatory Responses, served on May 7,
12 2020.
13 16. Attached to the Index of Exhibits as Exhibit N is a true and correct copies of Columbia
14 Mechanical’s Special Interrogatories served on May 10, 2019.
15 17. Attached to the Index of Exhibits as Exhibit O is true and correct copies of relevant
16 portions of Plaintiff’s Response to Columbia Mechanical’s Special Interrogatories, served on June 28,
17 2019.
18 18. Attached to the Index of Exhibits as Exhibit P is true and correct copy of the relevant
19 portions of the deposition transcript of co-worker Carl Ramsey, taken in this matter on January 27,
20 2004.
21 19. Attached to the Index of Exhibits as Exhibit Q is true and correct copy of the relevant
22 portions of the deposition transcript of co-worker Robert Cantley, taken in this matter: Volume 1,
23 dated June 1, 2021 at 192:25-193:6; Volume 2, dated June 2, 2021 at 478:3-5; 478:10-12; 497:1-5;
24 Vol. 3, dated June 3, 2021 at 596:14-22.
25 20. Attached to the Index of Exhibits as Exhibit R is a true and correct copy of the
26 Declaration of Valerie Howerton Miller.
27 21. Attached to the Index of Exhibits as Exhibit S is a true and correct copy of the letter
28 dated August 7, 2019 from Plaintiffs’ counsel stipulating that Plaintiffs will not offer product
3
DECLARATION OF NICOLE BROWN YUEN IN SUPPORT OF COLUMBIA MECHANICAL CONTRACTORS,
INC.’S MOTION FOR SUMMARY JUDGMENT
1 identification testimony.
2 I declare under penalty of perjury under the laws of the State of California that the foregoing
3 is true and correct. Executed on October 8, 2021 at Moraga, California.
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6 ____________________________________
Nicole Brown Yuen
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DECLARATION OF NICOLE BROWN YUEN IN SUPPORT OF COLUMBIA MECHANICAL CONTRACTORS,
INC.’S MOTION FOR SUMMARY JUDGMENT
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 October 8, 2021, I served the foregoing document described as: DECLARATION OF
NICOLE BROWN YUEN IN SUPPORT OF COLUMBIA MECHANICAL CONTRACTORS,
6 INC.’S MOTION FOR SUMMARY JUDGMENT on the interested parties in this action by placing
a true copy thereof enclosed in sealed envelope(s) addressed as follows:
7
Via File & ServeXpress & Personal Service Via File & ServeXpress
8
Alan R. Brayton, Esq.
9 David R. Donadio, Esq. ALL DEFENSE COUNSEL
DDonadio@braytonlaw.com
10 James P. Nevin, Esq.
Nancy Williams, Esq.
11 BRAYTON PURCELL LLP
Attorneys at Law
12
222 Rush Landing Road
13 P.O. Box 6169
Novato, CA 94948-6169
14 Telephone: (415) 898-1555
Attorneys for Plaintiff
15
☒ (BY ELECTRONIC VERSION) Pursuant to San Francisco Court General Order No. 158,
16 CCP 1010.6 and CRC 2.251, or pursuant to the Stipulation and Order Authorizing Electronic
Service, or by an agreement of the parties, I electronically e-served through File &
17 ServeXpress and caused the document(s) to be sent to the person(s) at the email addresses
designated on the Transaction Receipt located on the File & ServeXpress website. To the best
18 of my knowledge, at the time of the transmission, the transmission was reported as complete
and without error.
19
☒ (BY MESSENGER SERVICE) I served the documents by placing them in an envelope or
20 package addressed to the persons listed above and provided such document(s) to a
professional messenger service for service. (To Plaintiffs Only)
21
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 October 8, 2021, Monrovia, California
25
26 Fabiola Areas
27
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5
DECLARATION OF NICOLE BROWN YUEN IN SUPPORT OF COLUMBIA MECHANICAL CONTRACTORS,
INC.’S MOTION FOR SUMMARY JUDGMENT
Preview
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 Telephone: (510) 590-9500 Superior Court of California, County of San Francisco 4 Facsimile: (510) 590-9595 Email: nyuen@foleymansfield.com 10/08/2021 5 Clerk of the Court BY: SANDRA SCHIRO 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 to Hon. Cynthia Ming-Mei Lee, Dept. HAGEN and JOLEEN HAGLER, as Wrongful 13 Death Heirs of JOHN CHULICK, Deceased, 503] 14 Plaintiffs, DECLARATION OF NICOLE BROWN YUEN IN SUPPORT OF COLUMBIA 15 vs. MECHANICAL CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGMENT 16 RILEY POWER INC., et al., [Filed and Served Concurrently with Notice of 17 Defendants. Motion; Memorandum of Points and Authorities; Separate Statement of Undisputed Facts; Index of 18 Exhibits; Request for Judicial Notice; and [Proposed] Order] 19 Date: December 23, 2021 20 Time: 9:30 a.m. Department: 503 21 22 23 24 Complaint Filed: January 22, 2019 Trial Date: December 27, 2021 25 26 27 28 1 DECLARATION OF NICOLE BROWN YUEN IN SUPPORT OF COLUMBIA MECHANICAL CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGMENT 1 DECLARATION OF NICOLE BROWN YUEN 2 I, Nicole Brown Yuen, declare as follows: 3 1. I am an attorney at law, duly licensed to practice before all the Courts of the State of 4 California, and am a partner at the law firm of Foley & Mansfield, PLLP, the attorneys of record for 5 Defendant Columbia Mechanical Contractors, Inc. (“Columbia Mechanical” or “Defendant”) in this 6 action. I have personal knowledge of the matters stated herein, and if called upon could and would 7 competently testify thereto. 8 2. Attached to the Index of Exhibits as Exhibit A is a true and accurate copy of Plaintiffs’ 9 Complaint for Wrongful Death, filed on January 22, 2019. 10 3. Attached to the Index of Exhibits as Exhibit B is a true and accurate copy of relevant 11 portions of Decedent John Chulick Complaint for Personal Injury, filed on February 22, 2004. 12 4. Attached to the Index of Exhibits as Exhibit C is a true and accurate copy of Decedent 13 John Chulick 1st Amended Complaint for Personal Injury, filed on April 4, 2004. 14 5. Attached to the Index of Exhibits as Exhibit D is a true and accurate copy of Decedent 15 John Chulick 2nd Amended Complaint for Personal Injury, filed on April 22, 2004. 16 6. Attached to the Index of Exhibits as Exhibit E is a true and accurate copy of Decedent 17 John Chulick 3rd Amended Complaint for Personal Injury, filed on August 11, 2004. 18 7. Attached to the Index of Exhibits as Exhibit F is a true and accurate copy of Decedent 19 John Chulick 4th Amended Complaint for Personal Injury, filed on September 3, 2004. 20 8. Due to never being a party in the Personal Injury action, Columbia Mechanical did not 21 appear at Decedent’s deposition. 22 9. The Decedent was deposed over 14 days from 2003 to 2005; not once did Decedent 23 identify Columbia Mechanical at his deposition. 24 10. Attached to the Index of Exhibits as Exhibit G are true and accurate copies of excerpts 25 of the Deposition of John Chulick taken June 2, 2003, pp. 943:22-24, 946:6-8. 26 11. Attached to the Index of Exhibits as Exhibit H are true and accurate copies of excerpts 27 of the Deposition of John Chulick taken November 17, 2003, pp. 1538:3-23; 1539:1-1540:11; 28 1558:18-1559: 8. 2 DECLARATION OF NICOLE BROWN YUEN IN SUPPORT OF COLUMBIA MECHANICAL CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGMENT 1 12. Attached to the Index of Exhibits as Exhibit I are true and accurate copies of excerpts 2 of the Deposition of John Chulick taken November 18, 2003 pp. 1924:16-24, 1926:16-1927:1. 3 13. Attached to the Index of Exhibits as Exhibit J are true and accurate copies of excerpts 4 of the Deposition of John Chulick taken October 12, 2004, pp. 2018:18-21, 2020:17-2021:1, 2027:25- 5 2028:12. 6 14. Attached to the Index of Exhibits as Exhibit K are true and accurate copies of excerpts 7 of the Deposition of John Chulick taken October 13, 2004 pp. 2202:3-6, 2205:3-5 8 12. Attached to the Index of Exhibits as Exhibit L are true and accurate copies of excerpts 9 of Exhibit 1A to the Deposition of John Chulick. 10 13. Attached to the Index of Exhibits as Exhibit M is a true and correct copy of Plaintiffs’ 11 Verified Supplemental/Amended Responses to Standard Interrogatory Responses, served on May 7, 12 2020. 13 16. Attached to the Index of Exhibits as Exhibit N is a true and correct copies of Columbia 14 Mechanical’s Special Interrogatories served on May 10, 2019. 15 17. Attached to the Index of Exhibits as Exhibit O is true and correct copies of relevant 16 portions of Plaintiff’s Response to Columbia Mechanical’s Special Interrogatories, served on June 28, 17 2019. 18 18. Attached to the Index of Exhibits as Exhibit P is true and correct copy of the relevant 19 portions of the deposition transcript of co-worker Carl Ramsey, taken in this matter on January 27, 20 2004. 21 19. Attached to the Index of Exhibits as Exhibit Q is true and correct copy of the relevant 22 portions of the deposition transcript of co-worker Robert Cantley, taken in this matter: Volume 1, 23 dated June 1, 2021 at 192:25-193:6; Volume 2, dated June 2, 2021 at 478:3-5; 478:10-12; 497:1-5; 24 Vol. 3, dated June 3, 2021 at 596:14-22. 25 20. Attached to the Index of Exhibits as Exhibit R is a true and correct copy of the 26 Declaration of Valerie Howerton Miller. 27 21. Attached to the Index of Exhibits as Exhibit S is a true and correct copy of the letter 28 dated August 7, 2019 from Plaintiffs’ counsel stipulating that Plaintiffs will not offer product 3 DECLARATION OF NICOLE BROWN YUEN IN SUPPORT OF COLUMBIA MECHANICAL CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGMENT 1 identification testimony. 2 I declare under penalty of perjury under the laws of the State of California that the foregoing 3 is true and correct. Executed on October 8, 2021 at Moraga, California. 4 5 6 ____________________________________ Nicole Brown Yuen 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION OF NICOLE BROWN YUEN IN SUPPORT OF COLUMBIA MECHANICAL CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGMENT 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 October 8, 2021, I served the foregoing document described as: DECLARATION OF NICOLE BROWN YUEN IN SUPPORT OF COLUMBIA MECHANICAL CONTRACTORS, 6 INC.’S MOTION FOR SUMMARY JUDGMENT on the interested parties in this action by placing a true copy thereof enclosed in sealed envelope(s) addressed as follows: 7 Via File & ServeXpress & Personal Service Via File & ServeXpress 8 Alan R. Brayton, Esq. 9 David R. Donadio, Esq. ALL DEFENSE COUNSEL DDonadio@braytonlaw.com 10 James P. Nevin, Esq. Nancy Williams, Esq. 11 BRAYTON PURCELL LLP Attorneys at Law 12 222 Rush Landing Road 13 P.O. Box 6169 Novato, CA 94948-6169 14 Telephone: (415) 898-1555 Attorneys for Plaintiff 15 ☒ (BY ELECTRONIC VERSION) Pursuant to San Francisco Court General Order No. 158, 16 CCP 1010.6 and CRC 2.251, or pursuant to the Stipulation and Order Authorizing Electronic Service, or by an agreement of the parties, I electronically e-served through File & 17 ServeXpress and caused the document(s) to be sent to the person(s) at the email addresses designated on the Transaction Receipt located on the File & ServeXpress website. To the best 18 of my knowledge, at the time of the transmission, the transmission was reported as complete and without error. 19 ☒ (BY MESSENGER SERVICE) I served the documents by placing them in an envelope or 20 package addressed to the persons listed above and provided such document(s) to a professional messenger service for service. (To Plaintiffs Only) 21 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 October 8, 2021, Monrovia, California 25 26 Fabiola Areas 27 28 5 DECLARATION OF NICOLE BROWN YUEN IN SUPPORT OF COLUMBIA MECHANICAL CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGMENT