On January 22, 2019 a Order 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 DAVID R. DONADIO, ESQ., S.B. #154436 NANCY T. WILLIAMS, ESQ., S.B. #201095 2 NWilliams@braytonlaw.com BRAYTON PURCELL LLP ELECTRONICALLY 3 Attorneys at Law 222 Rush Landing Road F I L E D Superior Court of California, 4 P.O. Box 6169 County of San Francisco Novato, California 94948-6169 01/05/2021 5 (415) 898-1555 Clerk of the Court Tentative Ruling Contest Email: contestasbestosTR@braytonlaw.com BY: JUDITH NUNEZ 6 Deputy Clerk 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 NANCY T. NOVATO, CALIFORNIA 94948-6169 PURCELL LLP 13 HAGLER, as Wrongful Death Heirs of ) WILLIAMS IN SUPPORT OF EX PARTE 222 RUSH LANDING ROAD JOHN CHULICK, Deceased, ) APPLICATION FOR ORDER GRANTING ATTORNEYS AT LAW 14 ) LEAVE TO FILE AMENDMENT TO THE (415) 898-1555 P O BOX 6169 Plaintiffs, ) COMPLAINT TO SUBSTITUTE 15 ) DEFENDANT'S TRUE NAME FOR DOE vs. ) 303 BRAYTON 16 ) RILEY POWER INC., et al., ) [C.C.P. § 473] 17 ) Defendants. ) Date: January 7, 2021 18 Time: 11:00 a.m. Dept.: 503, Hon. Cynthia Ming-mei Lee 19 Trial Date: N/A Filing Date: January 22, 2019 20 21 I, Nancy T. Williams, declare as follows: 22 1. I am an attorney at law duly licensed to practice before all courts in the State of 23 California; and am an associate in the law firm of Brayton Purcell LLP, attorneys of record for 24 plaintiffs herein. 25 2. Plaintiffs propose to file an Amendment to Complaint to substitute defendant's true 26 name for “Doe,” a true and correct copy of which is attached hereto as Exhibit A. 27 3. After further discovery and investigation, it was revealed there is an additional entity 28 who may share liability for decedent’s asbestos-related disease and death. Plaintiffs therefore K:\Injured\26244\PLD\decl xpt mta cmp doe 303.wpd 1 NTW DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF EX PARTE APPLICATION FOR ORDER GRANTING LEAVE TO FILE AMENDMENT TO THE COMPLAINT TO SUBSTITUTE DEFENDANT'S TRUE NAME FOR DOE 303 1 now wish to file this Amendment to reflect the party’s true and correct name. Therefore, the one 2 new defendant who manufactured, distributed, supplied and/or installed asbestos-containing 3 products to JOHN CHULICK’s employers/jobsites, namely FRANK BONETTI PLUMBING, 4 INC., has been added to the Amendment to complaint. 5 4. I have reviewed our records and the Register of Action and have determined that the 6 DOE defendants have not been dismissed in this action. 7 5. The statute of limitations for filing claims against any defendant or adding new parties 8 to the action has not yet run. 9 6. Filing of an Amendment to the Complaint is necessary and proper to allow plaintiffs 10 to allege all claims for their asbestos-related injuries and damages, to include all defendants 11 identified as proper parties herein, and properly present all theories of liability. 12 I declare under penalty of perjury, under the laws of the State of California, that the 13 foregoing is true and correct. 14 Executed on January 5, 2021 at Novato, California. 15 16 Nancy T. Williams 17 18 19 20 21 22 23 24 25 26 27 28 K:\Injured\26244\PLD\decl xpt mta cmp doe 303.wpd 2 NTW DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF EX PARTE APPLICATION FOR ORDER GRANTING LEAVE TO FILE AMENDMENT TO THE COMPLAINT TO SUBSTITUTE DEFENDANT'S TRUE NAME FOR DOE 303 EXHIBIT A 1 DAVID R. DONADIO, ESQ., S.B. #154436 DDonadio@braytonlaw.com 2 BRAYTON˜PURCELL LLP Attorneys at Law 3 222 Rush Landing Road P.O. Box 6169 4 Novato, California 94948-6169 (415) 898-1555 5 Attorneys for Plaintiffs 6 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 ) AMENDMENT TO COMPLAINT TO NOVATO, CALIFORNIA 94948-6169 BRAYTON˜PURCELL LLP 13 HAGLER, as Wrongful Death Heirs of ) SUBSTITUTE DEFENDANT'S TRUE 222 RUSH LANDING ROAD ATTORNEYS AT LAW JOHN CHULICK, Deceased, ) NAME FOR DOE 303 14 ) (415) 898-1555 P O BOX 6169 Plaintiffs, ) 15 ) [C.C.P. Section 474] vs. ) 16 ) RILEY POWER INC., et al., ) 17 ) Defendants. ) 18 19 Plaintiffs amend the complaint in this action as follows: 20 Plaintiffs have learned the true name of the defendant designated in the complaint as 21 fictitious DOE as set forth below: 22 TRUE NAME FICTITIOUS NAME 23 FRANK BONETTI PLUMBING, INC. DOE 303 [Location/Dates: U.C. Berkeley, Building #71, Berkeley, 24 California, 12/15/1965-12/17/1965, 12/20/1965, 12/26/1965; Bank of America Center (555 California St.), 25 San Francisco, California, 1/12/1969; Safeway Beverage Plant Richmond, California; 5/21/1970-5/22/1970; 5/25/1970] 26 27 /// 28 /// K:\Injured\26244\PLD\DOE 303 FBONET.wpd 1 AMENDMENT TO COMPLAINT TO SUBSTITUTE DEFENDANT'S TRUE NAME FOR DOE 303 EXHIBIT A 1 Plaintiffs hereby substitute such true name for the fictitious name as set forth above 2 wherever said name appears in the complaint. 3 Dated: 12/30/2020 BRAYTON˜PURCELL LLP 4 A 5 By: David R. Donadio 6 Attorneys for Plaintiffs 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 K:\Injured\26244\PLD\DOE 303 FBONET.wpd 2 AMENDMENT TO COMPLAINT TO SUBSTITUTE DEFENDANT'S TRUE NAME FOR DOE 303