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1 Arturo E. Sandoval, Esq. SBN 227077
Solomon Pantuch, Esq. SBN 309458
2 HAWKINS PARNELL & YOUNG, LLP ELECTRONICALLY
One Post Street, Suite 2400
3 San Francisco, CA 94104 F I L E D
Superior Court of California,
Telephone: (415) 766-3200 County of San Francisco
4 Facsimile: (415) 766-3250
E-mail: asandoval@hpylaw.com 08/26/2021
5 Clerk of the Court
BY: SANDRA SCHIRO
Attorney for Defendant Deputy Clerk
6 FRANK BONETTI PLUMBING, INC.
Sued Herein As Doe 303
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN FRANCISCO
10 CAROL CHULICK, as Successor-in-Interest to Case No. CGC-19-276757
and as Wrongful Death Heir of JOHN
11 CHULICK, Deceased; and DEBORAH HAGEN [Assigned to Judge Cynthia Ming-Mei Lee,
and JOLEEN HAGLER, as Wrongful Death Dept. 503]
12 Heirs of JOHN CHULICK, Deceased,
DECLARATION OF SOLOMON
13 Plaintiffs, PANTUCH IN SUPPORT OF
DEFENDANT FRANK BONETTI
14 vs. PLUMBING, INC.’S OPPOSITION TO
PLAINTIFFS’ MOTION TO ADVANCE
15 RILEY POWER, INC., et al., TRIAL DATE WITH PREFERENCE
16 Defendants. Date: September 9, 2021
Time: 9:30 a.m.
17
Judge: Hon. Cynthia Ming-mei Lee
18 Dept.: 503
19 Complaint Filed: January 22, 2019
Trial Date: March 28, 2022
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22 DECLARATION OF SOLOMON PANTUCH
23 I, Solomon Pantuch, declare as follows:
24 1. I am an attorney licensed to practice law in the State of California and an associate with
25 the law firm of Hawkins Parnell & Young LLP, attorneys of record for Defendant Frank Bonetti
26 Plumbing, Inc. (“FBP”) in the above-captioned action. I make this declaration in support of FBP’s
27 opposition to Plaintiffs’ Motion to Advance the Trial Date with Preference. I have personal knowledge
28 of the facts stated herein. If called and sworn as a witness, I could testify competently to the following:
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DECLARATION OF SOLOMON PANTUCH IN SUPPORT OF DEFENDANT FRANK BONETTI PLUMBING,
INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO ADVANCE TRIAL DATE WITH PREFERENCE
1 2. Attached hereto as Exhibit A is a true and correct copy of David Donadio’s Declaration
2 in Support of Plaintiffs Motion for Preference dated July 16, 2019.
3 3. Attached hereto as Exhibit B is a true and correct copy of David Donadio’s Declaration
4 in Support of Plaintiffs Motion for Preference dated August 10, 2021.
5 4. Attached hereto as Exhibit C is a true and correct copy of Dr. Molina’s Declaration in
6 Support of Plaintiffs Motion for Preference dated July 10, 2019.
7 5. Attached hereto as Exhibit D is a true and correct copy of Dr. Molina’s Declaration in
8 Support of Plaintiffs Motion for Preference dated August 6, 2021.
9 I declare under penalty of perjury under the laws of the State of California that the foregoing
10 is true and correct. Executed on this 26th day of August, 2021, in San Francisco, California.
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______________________________
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SOLOMON PANTUCH
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DECLARATION OF SOLOMON PANTUCH IN SUPPORT OF DEFENDANT FRANK BONETTI PLUMBING,
INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO ADVANCE TRIAL DATE WITH PREFERENCE
EXHIBIT “A”
EXHIBIT “B”
1 DAVID R. DONADIO, ESQ., S.B. #154436
DDonadio@braytonlaw.com
2 CHRISTINE A. RENKEN, ESQ., S.B. #232797
crenken@braytonlaw.com ELECTRONICALLY
3 JANINE M. FIEL-COSSE, ESQ., S.B. #279377
jfiel-cosse@braytonlaw.com
F I L E D
Superior Court of California,
4 BRAYTON˜PURCELL LLP County of San Francisco
Attorneys at Law 08/10/2021
5 222 Rush Landing Road, P.O. Box 6169 Clerk of the Court
Novato, California 94948-6169 BY: SANDRA SCHIRO
6 (415) 898-1555 Deputy Clerk
7 Attorneys for Plaintiffs
Tentative Ruling Contest Email: motions@braytonlaw.com
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10 CAROL CHULICK, as Successor-in- ) ASBESTOS
Interest to and as Wrongful Death Heir of ) No. CGC-19-276757
11 JOHN CHULICK, Deceased; and )
DEBORAH HAGEN and JOLEEN ) DECLARATION OF DAVID R.
12 HAGLER, as Wrongful Death Heirs of ) DONADIO PURSUANT TO C.C.P. § 36.5
NOVATO, CALIFORNIA 94948-6169
JOHN CHULICK, Deceased, ) IN SUPPORT OF PLAINTIFFS’ MOTION
BRAYTON˜PURCELL LLP
222 RUSH LANDING ROAD
13 ) FOR ORDER ADVANCING THE
ATTORNEYS AT LAW
Plaintiffs, ) CURRENT TRIAL DATE WITH
(415) 898-1555
P O BOX 6169
14 ) PREFERENCE; AND EXTENDING
vs. ) DISCOVERY CUTOFF
15 )
RILEY POWER INC., et al., ) [C.C.P. § 36(a); C.C.P. § 36.5]
16 )
Defendants. ) Date: September 9, 2021
17 Time: 9:30 a.m.
Dept. 503: The Hon. Cynthia Ming-mei Lee
18 Trial Date: March 28, 2022
Filing Date: June 25, 2018
19
20 I, David R. Donadio, declare:
21 1. I am an attorney at law, duly licensed to practice before all courts of the State of
22 California, and am a partner in the law firm of Brayton˜Purcell LLP, attorneys of record for
23 plaintiffs herein. I am fully familiar with the facts of this case, and if called as a witness
24 regarding the matters set forth below, I would so testify.
25 2. Pursuant to C.C.P. §36.5, based upon information and belief, plaintiff CAROL
26 CHULICK has been diagnosed as suffering from hypertension (high blood pressure), atrial
27 fibrillation, an abdominal incisional hernia, intra abdominal adhesions, repetitive bowel
28 obstructions, stage 3 chronic kidney disease, emphysema, sciatica, osteopenia, kyphosis (hunch
K:\Injured\26244\PLD\DECL MFP 36A ADV TD.wpd 1 (CAR)
DECLARATION OF DAVID R. DONADIO IN SUPPORT OF MOTION FOR ORDER ADVANCING
CURRENT TRIAL DATE WITH PREFERENCE
1 back/curvature of spine), Raynaud’s disease, edema, anxiety, insomnia, depressive disorder, and
2 has a history of breast cancer, narcolepsy, a gastrointestinal (GI) bleed, and multiple skin
3 cancers.
4 3. Plaintiffs filed a prior Motion for Preference with a hearing date of August 14,
5 2019. Plaintiffs’ Motion was granted resulting in a trial date of December 12, 2019, being
6 assigned. Plaintiffs then vacated the trial date to allow time for Robert Cantley’s witness
7 deposition to go forward. Mr. Cantley’s deposition has concluded and, at the June 17, 2021
8 Trial Setting Conference, this case received a trial date of March 28, 2022. Plaintiff’s condition
9 has continued to deteriorate. Therefore plaintiffs again apply to this Court for preference status,
10 and request the March 28, 2022, trial date be advanced pursuant to Section 36 to within 120
11 days of the date of this hearing so that she be assured an opportunity to participate actively in
12 her own trial.
13 4. Based on information and belief, plaintiff has given her age under oath in her
14 declaration dated August 7, 2021 as well as in answers to interrogatories as 77 years, with date
15 of birth of December 15, 1943; Dr. Molina confirms plaintiff’s age in his declaration filed
16 concurrently with this motion.
17 5. Pursuant to C.C.P. §36.5, upon information and belief, and based upon the
18 August 7, 2021 Declaration of plaintiff CAROL CHULICK, as well as the August 6, 2021
19 Declaration of plaintiff’s treating physician, Michael Molina, M.D., a medical doctor licensed to
20 practice in the State of California, and review of Kaiser Vacaville medical records, I am able to
21 state and allege the following regarding the medical diagnosis and prognosis of plaintiff
22 CAROL CHULICK:
23 a. Mrs. CHULICK has been diagnosed with numerous medical conditions,
24 including hypertension (high blood pressure), atrial fibrillation, an abdominal incisional hernia,
25 intra abdominal adhesions, repetitive bowel obstructions, stage 3 chronic kidney disease,
26 emphysema, sciatica, osteopenia, kyphosis (hunch back/curvature of spine), Raynaud’s disease,
27 edema, anxiety, insomnia and depressive disorder. She also has a history of breast cancer,
28 narcolepsy, a gastrointestinal (GI) bleed, and multiple skin cancers.
K:\Injured\26244\PLD\DECL MFP 36A ADV TD.wpd 2 (CAR)
DECLARATION OF DAVID R. DONADIO IN SUPPORT OF MOTION FOR ORDER ADVANCING
CURRENT TRIAL DATE WITH PREFERENCE
1 b. CAROL CHULICK suffers from impairing symptoms that include
2 chronic and increasing pain, rapid pulse and unstable blood pressure, a chronic cough,
3 light-headedness, painful swelling in her legs and feet, situational stress related anxiety, severe
4 abdominal pain, abdominal bloating, vomiting and constipation, depression, hearing loss and
5 memory loss. She also suffers from excessive worrying, agitation and irritability, restlessness,
6 difficulty concentrating, difficulty sleeping, and fatigue. These symptoms impair her stamina
7 and her abilities to concentrate, effectively communicate, and remain alert.
8 c. Based on the above facts, it is imperative that CAROL CHULICK’s trial
9 date be expedited with preference so she is given the opportunity to participate in her trial while
10 she is still able to do so.
11 6. On information and belief, I state and allege that CAROL CHULICK’s interests
12 in this litigation will be prejudiced if preference is not granted. Her interests will be prejudiced
13 if she is unable to effectively communicate, concentrate, remain alert, and focus at trial,
14 precluding her from assisting counsel and otherwise participating at trial. To effectively assist
15 counsel and participate at trial, Mrs. CHULICK needs to be able to listen to and follow
16 directions given by her attorney and the court; to understand and evaluate settlement offers; to
17 testify and/or clearly convey the facts of this case to the jury and the court through direct
18 examination; and to understand and accurately respond to cross-examination by defense
19 counsel. Based upon information and belief, CAROL CHULICK’s health is significantly
20 impaired and will only decline in the future. Due to her health, her ability to effectively assist
21 counsel and participate at trial is also declining and will only decline in the future.
22 7. CAROL CHULICK is 77 years old with significant and declining health
23 problems. In order to have a full and fair trial and be accorded all due process, it is necessary
24 that preference be granted and a trial held as soon as possible.
25 8. Plaintiffs’ depositions were taken on February 4, 11 and 12, 2020 and on June
26 22 and 23, 2021, and concluded. Plaintiffs received and responded to written discovery from
27 Associated Insulation of California, Columbia Mechanical Contractors, Inc., Cooper Bros, Inc.,
28 Cosco Fire Protection, Inc., D. Zelinsky & Sons, Incorporated, FDCC California, Inc., Frank
K:\Injured\26244\PLD\DECL MFP 36A ADV TD.wpd 3 (CAR)
DECLARATION OF DAVID R. DONADIO IN SUPPORT OF MOTION FOR ORDER ADVANCING
CURRENT TRIAL DATE WITH PREFERENCE
1 Bonetti Plumbing, Inc., George H. Wilson, Inc., Monterey Mechanical Co., Rosendin Electric,
2 Inc., Scott Co. Of California, and W.L. Hickey Sons, Inc.
3 9. I have been a lawyer in asbestos personal injury cases since 1991 I have worked
4 on many asbestos personal injury cases filed in the Superior Court of San Francisco and am
5 generally familiar with this Court’s procedures regarding the assignment of trial dates and
6 courtroom, for asbestos cases.
7 10. In the last several years, this office’s non-preference asbestos cases have
8 generally not been assigned a courtroom on the initial trial date. Rather, these cases have been
9 continued multiple times and in most circumstances have been continued up until just before
10 the 5-year statute of limitations before being assigned to a trial department. This will likely
11 especially be true due to the Court’s closure because of the COVID-19 pandemic.
12 11. Mrs. CHULICK has a substantial interest in this action as a whole, as this
13 action arises out of the suffering from, and the ultimate death of, DECEDENT JOHN
14 CHULICK.
15 12. Mrs. CHULICK is a key witness to many of the damages claimed against
16 defendants. Mrs. CHULICK’s ability to participate in this lawsuit has already been impacted by
17 the course of her illness and is likely to continue to be adversely affected as her conditions
18 progress.
19 13. Pursuant to C.C.P. § 36(c)(1), all essential parties have been served with process
20 or have appeared.
21 14. Plaintiffs’ have complied with the terms of Case Management Order dated June
22 29, 2012, Section 2(B).
23 I declare under penalty of perjury under the laws of the State of California that the
24 foregoing is true and correct.
25 Executed on August 10, 2021 , at Novato, California.
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27 David R. Donadio
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K:\Injured\26244\PLD\DECL MFP 36A ADV TD.wpd 4 (CAR)
DECLARATION OF DAVID R. DONADIO IN SUPPORT OF MOTION FOR ORDER ADVANCING
CURRENT TRIAL DATE WITH PREFERENCE
EXHIBIT “C”
EXHIBIT “D”
1 ALAN R. BRAYTON, ESQ., S.B. #73685
CHRISTINE A. RENKEN, ESQ., S.B. #232797
2 crenken@braytonlaw,com ELECTRONICALLY
BRAYTON+PURCELL LLP F I L E D
3 Attorneys at Law
222 Rush Landing Road
Superior Court of California,
County of San Francisco
4 P.O. Box 6169
Novato, California 94948-6169 08/10/2021
5 Clerk of the Court
(415) 898-1555 BY: SANDRA SCHIRO
Deputy Clerk
6 Attorneys for Plaintiffs
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
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11 CAROL CHULICK, as Successor-in- ASBESTOS
Interest to and as Wrongful Death Heir of No. CGC-19-276757
12 JOHN CHULICK, Deceased; and
DEBORAH HAGEN and JOLEEN DECLARATION OF MICHAEL MOLINA,
13 HAGLER., as Wrongful Death Heirs of ) M.D., IN SUPPORT OF MOTION FOR
JOHN CHULICK, Deceased, PREFERENCE IN TRIAL SETTING
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Plaintiffs,
15 Date: September 9, 2021
a 7 a vs. ) Time: 9:30 a.m.
0 E 16 ) Dept. 503: The Hon. Cynthia Ming-mci Lee
& 0
gx RILEY POWER INC., et al., ) Trial Date: March 28, 2022
17 ) Filing Date: January 22, 2019
Defendants. )
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19 I, Michael Molina, M.D., declare:
20 1. I am a physician licensed to practice medicine in the State of California with
21 offices at 1 Quality Drive, Vacaville, California 95688. I am Board Certified in Family
22 Medicine. As a specialist in Family Medicine, I am trained and knowledgeable of health and
23 medicine that affects all ages, each organ system and every disease entity.
24 2. I am a trcating physician of Carol Chulick. I have reviewed our completc, and
25 current (up to the date of my signature below), medical records of Carol Chulick. I last
26 examined her on July 21, 2021.
27 3. Mrs. Chulick is 77 years of age and has been diagnosed with hypertension (high
28 blood pressure) and rapid pulse, atrial fibrillation, edema (water retention), stage 3 chronic
KSIniured\26244\DECIARATIONS\MFP\DECL-DR-MFWaltreater.wpd
DECLARATION OF MICHARL MOLINA, M.D., IN SI.TPPORT OF MOTION FOR PREFERENCE IN TRIAL
SETTING
1 kidney disease, an abdominal hernia and bowel obstruction issue, emphysema, osteopenia,
2 Raynaud’s disease, sciatica, kyphosis (hunch back/spinal curvature), fluid retention, depressive
3 disorder, and insomnia. She also has a history of gastrointestinal (GI) bleed, narcolepsy, breast
4 cancer and multiple types of skin cancer including basal cell and squamous cell carcinoma.
5 Mrs. Chulick suffers from pain, difficulty sleeping, daytime drowsiness, anxiety, unstable/
6 erratic blood pressure and rapid pulse, a chronic cough, impaired memory and judgment, fluid
7 retention in her lower extremities, light-headedness, weakness, fatigue, and hearing loss.
8 4. Carol Chulick’s unstable blood pressure and pulse negatively affect her ability to
9 handle stress, which continues to progressively worsen. It has been recommended to Mrs,
10 Chulick to avoid all possible stressors due to the effect that stress has on her, including unstable
11 blood pressure and pulse, putting her at a increased risk for stroke and heart attack.
12 5. Mrs. Chulick has been advised against taking any pain medication, prescribed or
13 otherwise, other than Tylenot due to her existing medical conditions,
14 6. Stage 3 chronic kidney disease is diagnosed when severe damage to the kidneys
15 has occurred and they cannot filter blood as they should. It is likely that Mrs. Chulick’s stage3
16 chronic kidney disease will continue to progress and may become end-stage kidney disease. In
17 end-stage kidney disease, a person’s kidneys are no longer able to work as they should to meet
18 the body’s needs. When the kidneys are damaged and not working properly, like Mrs. Chulick’s
19 kidneys, excess fluid and waste from blood remain in the body and may cause other health
20 problems, such as heart disease and stroke. Common symptoms of chronic kidney disease
21 include increased occurrence of infections, loss of appetite or eating less, depression or lower
22 quality of life, weakness and fatigue, chest pain, hypertension, and decreased mental sharpness.
23 Mrs. Chulick already experiences some of those symptoms, which will likely become more
24 severe as her chronic kidney disease progresses. Other conditions such as hypertension, which
25 Mrs. Chulick has, cause damage to the kidneys, which increases the risk of
26 kidney failure. This condition cannot be cured and any treatment is focused on slowing the
27 progression of the kidney damage.
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K:Vrlivred\26244\DECLARATIONS\MEP\DECL-DR-MFPNercaterawpd
DECLARATION OF MICHAEL MOLINA, M.D., IN SUPPORT OF MOTION FOR PREFERENCE IN TRIAL
SETTING
1 7. Osteopenia is a condition characterized by loss of bone mass and weakened
2 bones. This happens when the inside of the bones become brittle from a loss of calcium and
3 increases the risk of osteoporosis and brittle bones that can break casily.
4 8. Raynaud’s (ray-NOHZ) disease causes some areas of the body -
such as a
5 person’s fingers and toes --
to feel numb and cold in response to cold temperatures or stress. In
6 Raynaud’s disease, smaller arteries that supply blood to a person’s skin narrow, limiting blood
7 circulation to affected amas (vasospasm), This is yet another distraction for Mrs. Chulick,
8 impairing her abilities to focus and remain in the moment.
9 9. As set forth above, Carol Chulick suffers from impairing symptoms and, given
10 her advanced age and multiple medical conditions, no durable improvement in her health can
11 reasonably be expected.
12 10. My medical opinion is, due to Mrs. Chulick’s multiple medical conditions and
13 advanced age, her ability to participate in a trial is already impaired and will continually decline
14 further as time passes. Due to Mrs. Chulick’s weakened condition, compromised pulmonary
15 functioning, and advanced age, she is particularly susceptible to further complications,
16 including breathing problems, pneumonia, bronchitis, colds, flu, and COVID-19. In her
17 weakened state, any of these conditions can be life threatening,
18 11. Mrs. Chulick’s medical conditions and related side effects will continue to
19 worsen, and as they do this will result in worsening pain, cough, wealatess and fatigue. This
20 will further impair Mrs. Chulick’s stamina and her abilities to concentrate and effectively
21 communicate, making her less able to fully participate in her trial. The more time passes, the
22 more her ability to participate meaningfully in her trial will diminish until her participation is
23 not possible at all.
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UCL TION OF MICHAEL MOLINA, M.D., IN SUPPORT OF MOTION FOR PREFERENCE IN TRIAL
1 12. For Mrs. Chulick to effectively participate and assist in her trial, so that her
2 interests will not be prejudiced, it is imperative that the trial be held as soon as possible. The
3 circumstances set forth above lead tne to conclude that Mrs. Chulick’s life expectancy has been
4 significantly shortened, and her prognosis due to complications related to her multiple medical
5 conditions is poor.
6 Executed on at Vacaville, California.
7 I declare under penalty of perjury under the laws State of California that the
8 foregoing is true and correct.
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Schael Molina, M D.
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redud244\bril.AltATIONAMPP\f]ECIA3R-MFP(abreater.wpd
DECLARATION OF MICHAEL MOLINA,
SETTING
M.D., IN SUPPORT OF MO’l’lON FOR PREFERENCE TN TRIAL
1 PROOF OF SERVICE
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Carol Chulick, et al. v. Riley Power, Inc., et al.
3 San Francisco County Superior Court Case No. CGC-19-276757
4 I, the undersigned, declare as follows:
5 I am employed in the County of San Francisco, California, and I am over the age of 18 years
6 and not a party to the within action. My business address is 1 Post Street, Suite 2400, San Francisco,
7 CA 94104.
8 On the date executed below, I electronically served the documents(s) via File & ServeXpress
9 described as:
10 DECLARATION OF SOLOMON PANTUCH IN SUPPORT OF DEFENDANT FRANK
BONETTI PLUMBING, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION FOR TRIAL
11 PREFERENCE
12 on the recipients designated on the Transaction Receipt located on the File & ServeXpress website.
13 I declare under penalty of perjury under the laws of the State of California that the foregoing
14 is true and correct and that this declaration was executed on August 26, 2021, at San Francisco,
15 California.
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17 Amy Harkness
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DECLARATION OF SOLOMON PANTUCH IN SUPPORT OF DEFENDANT FRANK BONETTI PLUMBING,
INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO ADVANCE TRIAL DATE WITH PREFERENCE
Preview
1 Arturo E. Sandoval, Esq. SBN 227077 Solomon Pantuch, Esq. SBN 309458 2 HAWKINS PARNELL & YOUNG, LLP ELECTRONICALLY One Post Street, Suite 2400 3 San Francisco, CA 94104 F I L E D Superior Court of California, Telephone: (415) 766-3200 County of San Francisco 4 Facsimile: (415) 766-3250 E-mail: asandoval@hpylaw.com 08/26/2021 5 Clerk of the Court BY: SANDRA SCHIRO Attorney for Defendant Deputy Clerk 6 FRANK BONETTI PLUMBING, INC. Sued Herein As Doe 303 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN FRANCISCO 10 CAROL CHULICK, as Successor-in-Interest to Case No. CGC-19-276757 and as Wrongful Death Heir of JOHN 11 CHULICK, Deceased; and DEBORAH HAGEN [Assigned to Judge Cynthia Ming-Mei Lee, and JOLEEN HAGLER, as Wrongful Death Dept. 503] 12 Heirs of JOHN CHULICK, Deceased, DECLARATION OF SOLOMON 13 Plaintiffs, PANTUCH IN SUPPORT OF DEFENDANT FRANK BONETTI 14 vs. PLUMBING, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO ADVANCE 15 RILEY POWER, INC., et al., TRIAL DATE WITH PREFERENCE 16 Defendants. Date: September 9, 2021 Time: 9:30 a.m. 17 Judge: Hon. Cynthia Ming-mei Lee 18 Dept.: 503 19 Complaint Filed: January 22, 2019 Trial Date: March 28, 2022 20 21 22 DECLARATION OF SOLOMON PANTUCH 23 I, Solomon Pantuch, declare as follows: 24 1. I am an attorney licensed to practice law in the State of California and an associate with 25 the law firm of Hawkins Parnell & Young LLP, attorneys of record for Defendant Frank Bonetti 26 Plumbing, Inc. (“FBP”) in the above-captioned action. I make this declaration in support of FBP’s 27 opposition to Plaintiffs’ Motion to Advance the Trial Date with Preference. I have personal knowledge 28 of the facts stated herein. If called and sworn as a witness, I could testify competently to the following: 1 DECLARATION OF SOLOMON PANTUCH IN SUPPORT OF DEFENDANT FRANK BONETTI PLUMBING, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO ADVANCE TRIAL DATE WITH PREFERENCE 1 2. Attached hereto as Exhibit A is a true and correct copy of David Donadio’s Declaration 2 in Support of Plaintiffs Motion for Preference dated July 16, 2019. 3 3. Attached hereto as Exhibit B is a true and correct copy of David Donadio’s Declaration 4 in Support of Plaintiffs Motion for Preference dated August 10, 2021. 5 4. Attached hereto as Exhibit C is a true and correct copy of Dr. Molina’s Declaration in 6 Support of Plaintiffs Motion for Preference dated July 10, 2019. 7 5. Attached hereto as Exhibit D is a true and correct copy of Dr. Molina’s Declaration in 8 Support of Plaintiffs Motion for Preference dated August 6, 2021. 9 I declare under penalty of perjury under the laws of the State of California that the foregoing 10 is true and correct. Executed on this 26th day of August, 2021, in San Francisco, California. 11 12 ______________________________ 13 SOLOMON PANTUCH 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF SOLOMON PANTUCH IN SUPPORT OF DEFENDANT FRANK BONETTI PLUMBING, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO ADVANCE TRIAL DATE WITH PREFERENCE EXHIBIT “A” EXHIBIT “B” 1 DAVID R. DONADIO, ESQ., S.B. #154436 DDonadio@braytonlaw.com 2 CHRISTINE A. RENKEN, ESQ., S.B. #232797 crenken@braytonlaw.com ELECTRONICALLY 3 JANINE M. FIEL-COSSE, ESQ., S.B. #279377 jfiel-cosse@braytonlaw.com F I L E D Superior Court of California, 4 BRAYTON˜PURCELL LLP County of San Francisco Attorneys at Law 08/10/2021 5 222 Rush Landing Road, P.O. Box 6169 Clerk of the Court Novato, California 94948-6169 BY: SANDRA SCHIRO 6 (415) 898-1555 Deputy Clerk 7 Attorneys for Plaintiffs Tentative Ruling Contest Email: motions@braytonlaw.com 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 CAROL CHULICK, as Successor-in- ) ASBESTOS Interest to and as Wrongful Death Heir of ) No. CGC-19-276757 11 JOHN CHULICK, Deceased; and ) DEBORAH HAGEN and JOLEEN ) DECLARATION OF DAVID R. 12 HAGLER, as Wrongful Death Heirs of ) DONADIO PURSUANT TO C.C.P. § 36.5 NOVATO, CALIFORNIA 94948-6169 JOHN CHULICK, Deceased, ) IN SUPPORT OF PLAINTIFFS’ MOTION BRAYTON˜PURCELL LLP 222 RUSH LANDING ROAD 13 ) FOR ORDER ADVANCING THE ATTORNEYS AT LAW Plaintiffs, ) CURRENT TRIAL DATE WITH (415) 898-1555 P O BOX 6169 14 ) PREFERENCE; AND EXTENDING vs. ) DISCOVERY CUTOFF 15 ) RILEY POWER INC., et al., ) [C.C.P. § 36(a); C.C.P. § 36.5] 16 ) Defendants. ) Date: September 9, 2021 17 Time: 9:30 a.m. Dept. 503: The Hon. Cynthia Ming-mei Lee 18 Trial Date: March 28, 2022 Filing Date: June 25, 2018 19 20 I, David R. Donadio, declare: 21 1. I am an attorney at law, duly licensed to practice before all courts of the State of 22 California, and am a partner in the law firm of Brayton˜Purcell LLP, attorneys of record for 23 plaintiffs herein. I am fully familiar with the facts of this case, and if called as a witness 24 regarding the matters set forth below, I would so testify. 25 2. Pursuant to C.C.P. §36.5, based upon information and belief, plaintiff CAROL 26 CHULICK has been diagnosed as suffering from hypertension (high blood pressure), atrial 27 fibrillation, an abdominal incisional hernia, intra abdominal adhesions, repetitive bowel 28 obstructions, stage 3 chronic kidney disease, emphysema, sciatica, osteopenia, kyphosis (hunch K:\Injured\26244\PLD\DECL MFP 36A ADV TD.wpd 1 (CAR) DECLARATION OF DAVID R. DONADIO IN SUPPORT OF MOTION FOR ORDER ADVANCING CURRENT TRIAL DATE WITH PREFERENCE 1 back/curvature of spine), Raynaud’s disease, edema, anxiety, insomnia, depressive disorder, and 2 has a history of breast cancer, narcolepsy, a gastrointestinal (GI) bleed, and multiple skin 3 cancers. 4 3. Plaintiffs filed a prior Motion for Preference with a hearing date of August 14, 5 2019. Plaintiffs’ Motion was granted resulting in a trial date of December 12, 2019, being 6 assigned. Plaintiffs then vacated the trial date to allow time for Robert Cantley’s witness 7 deposition to go forward. Mr. Cantley’s deposition has concluded and, at the June 17, 2021 8 Trial Setting Conference, this case received a trial date of March 28, 2022. Plaintiff’s condition 9 has continued to deteriorate. Therefore plaintiffs again apply to this Court for preference status, 10 and request the March 28, 2022, trial date be advanced pursuant to Section 36 to within 120 11 days of the date of this hearing so that she be assured an opportunity to participate actively in 12 her own trial. 13 4. Based on information and belief, plaintiff has given her age under oath in her 14 declaration dated August 7, 2021 as well as in answers to interrogatories as 77 years, with date 15 of birth of December 15, 1943; Dr. Molina confirms plaintiff’s age in his declaration filed 16 concurrently with this motion. 17 5. Pursuant to C.C.P. §36.5, upon information and belief, and based upon the 18 August 7, 2021 Declaration of plaintiff CAROL CHULICK, as well as the August 6, 2021 19 Declaration of plaintiff’s treating physician, Michael Molina, M.D., a medical doctor licensed to 20 practice in the State of California, and review of Kaiser Vacaville medical records, I am able to 21 state and allege the following regarding the medical diagnosis and prognosis of plaintiff 22 CAROL CHULICK: 23 a. Mrs. CHULICK has been diagnosed with numerous medical conditions, 24 including hypertension (high blood pressure), atrial fibrillation, an abdominal incisional hernia, 25 intra abdominal adhesions, repetitive bowel obstructions, stage 3 chronic kidney disease, 26 emphysema, sciatica, osteopenia, kyphosis (hunch back/curvature of spine), Raynaud’s disease, 27 edema, anxiety, insomnia and depressive disorder. She also has a history of breast cancer, 28 narcolepsy, a gastrointestinal (GI) bleed, and multiple skin cancers. K:\Injured\26244\PLD\DECL MFP 36A ADV TD.wpd 2 (CAR) DECLARATION OF DAVID R. DONADIO IN SUPPORT OF MOTION FOR ORDER ADVANCING CURRENT TRIAL DATE WITH PREFERENCE 1 b. CAROL CHULICK suffers from impairing symptoms that include 2 chronic and increasing pain, rapid pulse and unstable blood pressure, a chronic cough, 3 light-headedness, painful swelling in her legs and feet, situational stress related anxiety, severe 4 abdominal pain, abdominal bloating, vomiting and constipation, depression, hearing loss and 5 memory loss. She also suffers from excessive worrying, agitation and irritability, restlessness, 6 difficulty concentrating, difficulty sleeping, and fatigue. These symptoms impair her stamina 7 and her abilities to concentrate, effectively communicate, and remain alert. 8 c. Based on the above facts, it is imperative that CAROL CHULICK’s trial 9 date be expedited with preference so she is given the opportunity to participate in her trial while 10 she is still able to do so. 11 6. On information and belief, I state and allege that CAROL CHULICK’s interests 12 in this litigation will be prejudiced if preference is not granted. Her interests will be prejudiced 13 if she is unable to effectively communicate, concentrate, remain alert, and focus at trial, 14 precluding her from assisting counsel and otherwise participating at trial. To effectively assist 15 counsel and participate at trial, Mrs. CHULICK needs to be able to listen to and follow 16 directions given by her attorney and the court; to understand and evaluate settlement offers; to 17 testify and/or clearly convey the facts of this case to the jury and the court through direct 18 examination; and to understand and accurately respond to cross-examination by defense 19 counsel. Based upon information and belief, CAROL CHULICK’s health is significantly 20 impaired and will only decline in the future. Due to her health, her ability to effectively assist 21 counsel and participate at trial is also declining and will only decline in the future. 22 7. CAROL CHULICK is 77 years old with significant and declining health 23 problems. In order to have a full and fair trial and be accorded all due process, it is necessary 24 that preference be granted and a trial held as soon as possible. 25 8. Plaintiffs’ depositions were taken on February 4, 11 and 12, 2020 and on June 26 22 and 23, 2021, and concluded. Plaintiffs received and responded to written discovery from 27 Associated Insulation of California, Columbia Mechanical Contractors, Inc., Cooper Bros, Inc., 28 Cosco Fire Protection, Inc., D. Zelinsky & Sons, Incorporated, FDCC California, Inc., Frank K:\Injured\26244\PLD\DECL MFP 36A ADV TD.wpd 3 (CAR) DECLARATION OF DAVID R. DONADIO IN SUPPORT OF MOTION FOR ORDER ADVANCING CURRENT TRIAL DATE WITH PREFERENCE 1 Bonetti Plumbing, Inc., George H. Wilson, Inc., Monterey Mechanical Co., Rosendin Electric, 2 Inc., Scott Co. Of California, and W.L. Hickey Sons, Inc. 3 9. I have been a lawyer in asbestos personal injury cases since 1991 I have worked 4 on many asbestos personal injury cases filed in the Superior Court of San Francisco and am 5 generally familiar with this Court’s procedures regarding the assignment of trial dates and 6 courtroom, for asbestos cases. 7 10. In the last several years, this office’s non-preference asbestos cases have 8 generally not been assigned a courtroom on the initial trial date. Rather, these cases have been 9 continued multiple times and in most circumstances have been continued up until just before 10 the 5-year statute of limitations before being assigned to a trial department. This will likely 11 especially be true due to the Court’s closure because of the COVID-19 pandemic. 12 11. Mrs. CHULICK has a substantial interest in this action as a whole, as this 13 action arises out of the suffering from, and the ultimate death of, DECEDENT JOHN 14 CHULICK. 15 12. Mrs. CHULICK is a key witness to many of the damages claimed against 16 defendants. Mrs. CHULICK’s ability to participate in this lawsuit has already been impacted by 17 the course of her illness and is likely to continue to be adversely affected as her conditions 18 progress. 19 13. Pursuant to C.C.P. § 36(c)(1), all essential parties have been served with process 20 or have appeared. 21 14. Plaintiffs’ have complied with the terms of Case Management Order dated June 22 29, 2012, Section 2(B). 23 I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct. 25 Executed on August 10, 2021 , at Novato, California. 26 27 David R. Donadio 28 K:\Injured\26244\PLD\DECL MFP 36A ADV TD.wpd 4 (CAR) DECLARATION OF DAVID R. DONADIO IN SUPPORT OF MOTION FOR ORDER ADVANCING CURRENT TRIAL DATE WITH PREFERENCE EXHIBIT “C” EXHIBIT “D” 1 ALAN R. BRAYTON, ESQ., S.B. #73685 CHRISTINE A. RENKEN, ESQ., S.B. #232797 2 crenken@braytonlaw,com ELECTRONICALLY BRAYTON+PURCELL LLP F I L E D 3 Attorneys at Law 222 Rush Landing Road Superior Court of California, County of San Francisco 4 P.O. Box 6169 Novato, California 94948-6169 08/10/2021 5 Clerk of the Court (415) 898-1555 BY: SANDRA SCHIRO Deputy Clerk 6 Attorneys for Plaintiffs 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 CAROL CHULICK, as Successor-in- ASBESTOS Interest to and as Wrongful Death Heir of No. CGC-19-276757 12 JOHN CHULICK, Deceased; and DEBORAH HAGEN and JOLEEN DECLARATION OF MICHAEL MOLINA, 13 HAGLER., as Wrongful Death Heirs of ) M.D., IN SUPPORT OF MOTION FOR JOHN CHULICK, Deceased, PREFERENCE IN TRIAL SETTING 14 xi 2 Plaintiffs, 15 Date: September 9, 2021 a 7 a vs. ) Time: 9:30 a.m. 0 E 16 ) Dept. 503: The Hon. Cynthia Ming-mci Lee & 0 gx RILEY POWER INC., et al., ) Trial Date: March 28, 2022 17 ) Filing Date: January 22, 2019 Defendants. ) 18 19 I, Michael Molina, M.D., declare: 20 1. I am a physician licensed to practice medicine in the State of California with 21 offices at 1 Quality Drive, Vacaville, California 95688. I am Board Certified in Family 22 Medicine. As a specialist in Family Medicine, I am trained and knowledgeable of health and 23 medicine that affects all ages, each organ system and every disease entity. 24 2. I am a trcating physician of Carol Chulick. I have reviewed our completc, and 25 current (up to the date of my signature below), medical records of Carol Chulick. I last 26 examined her on July 21, 2021. 27 3. Mrs. Chulick is 77 years of age and has been diagnosed with hypertension (high 28 blood pressure) and rapid pulse, atrial fibrillation, edema (water retention), stage 3 chronic KSIniured\26244\DECIARATIONS\MFP\DECL-DR-MFWaltreater.wpd DECLARATION OF MICHARL MOLINA, M.D., IN SI.TPPORT OF MOTION FOR PREFERENCE IN TRIAL SETTING 1 kidney disease, an abdominal hernia and bowel obstruction issue, emphysema, osteopenia, 2 Raynaud’s disease, sciatica, kyphosis (hunch back/spinal curvature), fluid retention, depressive 3 disorder, and insomnia. She also has a history of gastrointestinal (GI) bleed, narcolepsy, breast 4 cancer and multiple types of skin cancer including basal cell and squamous cell carcinoma. 5 Mrs. Chulick suffers from pain, difficulty sleeping, daytime drowsiness, anxiety, unstable/ 6 erratic blood pressure and rapid pulse, a chronic cough, impaired memory and judgment, fluid 7 retention in her lower extremities, light-headedness, weakness, fatigue, and hearing loss. 8 4. Carol Chulick’s unstable blood pressure and pulse negatively affect her ability to 9 handle stress, which continues to progressively worsen. It has been recommended to Mrs, 10 Chulick to avoid all possible stressors due to the effect that stress has on her, including unstable 11 blood pressure and pulse, putting her at a increased risk for stroke and heart attack. 12 5. Mrs. Chulick has been advised against taking any pain medication, prescribed or 13 otherwise, other than Tylenot due to her existing medical conditions, 14 6. Stage 3 chronic kidney disease is diagnosed when severe damage to the kidneys 15 has occurred and they cannot filter blood as they should. It is likely that Mrs. Chulick’s stage3 16 chronic kidney disease will continue to progress and may become end-stage kidney disease. In 17 end-stage kidney disease, a person’s kidneys are no longer able to work as they should to meet 18 the body’s needs. When the kidneys are damaged and not working properly, like Mrs. Chulick’s 19 kidneys, excess fluid and waste from blood remain in the body and may cause other health 20 problems, such as heart disease and stroke. Common symptoms of chronic kidney disease 21 include increased occurrence of infections, loss of appetite or eating less, depression or lower 22 quality of life, weakness and fatigue, chest pain, hypertension, and decreased mental sharpness. 23 Mrs. Chulick already experiences some of those symptoms, which will likely become more 24 severe as her chronic kidney disease progresses. Other conditions such as hypertension, which 25 Mrs. Chulick has, cause damage to the kidneys, which increases the risk of 26 kidney failure. This condition cannot be cured and any treatment is focused on slowing the 27 progression of the kidney damage. 28 /// K:Vrlivred\26244\DECLARATIONS\MEP\DECL-DR-MFPNercaterawpd DECLARATION OF MICHAEL MOLINA, M.D., IN SUPPORT OF MOTION FOR PREFERENCE IN TRIAL SETTING 1 7. Osteopenia is a condition characterized by loss of bone mass and weakened 2 bones. This happens when the inside of the bones become brittle from a loss of calcium and 3 increases the risk of osteoporosis and brittle bones that can break casily. 4 8. Raynaud’s (ray-NOHZ) disease causes some areas of the body - such as a 5 person’s fingers and toes -- to feel numb and cold in response to cold temperatures or stress. In 6 Raynaud’s disease, smaller arteries that supply blood to a person’s skin narrow, limiting blood 7 circulation to affected amas (vasospasm), This is yet another distraction for Mrs. Chulick, 8 impairing her abilities to focus and remain in the moment. 9 9. As set forth above, Carol Chulick suffers from impairing symptoms and, given 10 her advanced age and multiple medical conditions, no durable improvement in her health can 11 reasonably be expected. 12 10. My medical opinion is, due to Mrs. Chulick’s multiple medical conditions and 13 advanced age, her ability to participate in a trial is already impaired and will continually decline 14 further as time passes. Due to Mrs. Chulick’s weakened condition, compromised pulmonary 15 functioning, and advanced age, she is particularly susceptible to further complications, 16 including breathing problems, pneumonia, bronchitis, colds, flu, and COVID-19. In her 17 weakened state, any of these conditions can be life threatening, 18 11. Mrs. Chulick’s medical conditions and related side effects will continue to 19 worsen, and as they do this will result in worsening pain, cough, wealatess and fatigue. This 20 will further impair Mrs. Chulick’s stamina and her abilities to concentrate and effectively 21 communicate, making her less able to fully participate in her trial. The more time passes, the 22 more her ability to participate meaningfully in her trial will diminish until her participation is 23 not possible at all. 24 /// 25 /// 26 /// 27 /// 28 /// K:\[njuredl26244\DECF.ARATIONS\MFP\DT"CE,-DI(-MFP(a) ircycravel UCL TION OF MICHAEL MOLINA, M.D., IN SUPPORT OF MOTION FOR PREFERENCE IN TRIAL 1 12. For Mrs. Chulick to effectively participate and assist in her trial, so that her 2 interests will not be prejudiced, it is imperative that the trial be held as soon as possible. The 3 circumstances set forth above lead tne to conclude that Mrs. Chulick’s life expectancy has been 4 significantly shortened, and her prognosis due to complications related to her multiple medical 5 conditions is poor. 6 Executed on at Vacaville, California. 7 I declare under penalty of perjury under the laws State of California that the 8 foregoing is true and correct. 9 10 Schael Molina, M D. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 K:Lla 4 redud244\bril.AltATIONAMPP\f]ECIA3R-MFP(abreater.wpd DECLARATION OF MICHAEL MOLINA, SETTING M.D., IN SUPPORT OF MO’l’lON FOR PREFERENCE TN TRIAL 1 PROOF OF SERVICE 2 Carol Chulick, et al. v. Riley Power, Inc., et al. 3 San Francisco County Superior Court Case No. CGC-19-276757 4 I, the undersigned, declare as follows: 5 I am employed in the County of San Francisco, California, and I am over the age of 18 years 6 and not a party to the within action. My business address is 1 Post Street, Suite 2400, San Francisco, 7 CA 94104. 8 On the date executed below, I electronically served the documents(s) via File & ServeXpress 9 described as: 10 DECLARATION OF SOLOMON PANTUCH IN SUPPORT OF DEFENDANT FRANK BONETTI PLUMBING, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION FOR TRIAL 11 PREFERENCE 12 on the recipients designated on the Transaction Receipt located on the File & ServeXpress website. 13 I declare under penalty of perjury under the laws of the State of California that the foregoing 14 is true and correct and that this declaration was executed on August 26, 2021, at San Francisco, 15 California. 16 17 Amy Harkness 18 19 20 21 22 23 24 25 26 27 28 22 DECLARATION OF SOLOMON PANTUCH IN SUPPORT OF DEFENDANT FRANK BONETTI PLUMBING, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO ADVANCE TRIAL DATE WITH PREFERENCE