On December 11, 2019 a Party Notice was filed involving a dispute between Blake, Victoria, French, Susan, Mcclary, Steven, Niskanen, Valeri, Ortegon, Tamlyn, and 3M Company, A.J. Peters & Son, Aladdin Heating Corporation, Anderson, Rowe & Buckley, Inc., Asbestos Corporation Limited, Brand Insulations, Inc., Individually And As, Chicago Bridge & Iron Company, Consolidated Insulation, Inc., A Dissolved, Contra Costa Electric, Inc., Cooper Bros., Inc., Cooper Brothers, Inc., Cosco Fire Protection, Inc., Dillingham Construction N.A., Inc., Does 1 Through 800, Inclusive, As Required By, Douglass Insulation Company, Inc., Dow Chemical Company, The, D. Zelinsky & Son, Incorporated, D. Zelinsky & Sons, Inc., Fdcc California, Inc., Fluor Corporation, Frank Bonetti Plumbing, Inc., General Electric Company, Golden Gate Drywall, Goulds Pumps Llc, Grinnell Llc, Imo Industries Inc., Ingersoll-Rand Company, International Business Machines Corporation, James A. Nelson Co., Inc., Johnson Controls, Inc., Kelly-Moore Paint Company, Inc., Marconi Plastering Company, Inc., Metalclad Insulation Llc, Metropolitan Life Insurance Company, N.V. Heathorn, Inc., O C Mcdonald Co Inc, O.C. Mcdonald Company, Inc., Oscar E. Erickson, Inc., Pfizer, Inc., Riley Power Inc., Riley Power Inc., (Erroneously Sued As Alternate, Robertshaw Controls Company, Rosendin Electric, Inc., Sam P. Wallace Company, Inc., Scott Co. Of California, Shell Oil Company, S.J. Amoroso Construction Co., Inc., S.J. Amoroso Construction Co., Llc., Therma Corporation, Trane U.S. Inc., Union Oil Company Of California, University Mechanical & Engineering Contractors,, Valley Sheet Metal Co., Veolia Es Industrial Services, Inc., Viacomcbs Inc, Viacomcbs, Inc. F K A Cbs Corporation, A Delaware, W.L. Hickey Sons, Inc., for ASBESTOS in the District Court of San Francisco County.
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CIV-120 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): : FOR COURT USE ONLY TELEPHONE NO.: FAX NO.: E-MAIL ADDRESS: ATTORNEY FOR (Name): ELECTRONICALLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF F I L E D STREET ADDRESS: Superior Court of California, County of San Francisco MAILING ADDRESS: CITY AND ZIP CODE: 12/18/2020 BRANCH NAME: Clerk of the Court BY: SANDRA SCHIRO PLAINTIFF/PETITIONER: VALERI NISKANEN, et al. Deputy Clerk DEFENDANT/RESPONDENT: KELLY-MOORE PAIN COMPANY, et al. NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE CASE NUMBER: Personal Injury, Property Damage, or Wrongful Death Motor Vehicle Other Family Law CGC-19-276813 Eminent Domain Other (specify): TO ATTORNEYS AND PARTIES WITHOUT ATTORNEYS: A dismissal was entered in this action by the clerk as shown on the Request for Dismissal. (Attach a copy completed by the clerk.) Date: December 18, 2020 Juniper Bacon (TYPE OR PRINT NAME OF ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE) PROOF OF SERVICE 1. I am over the age of 18 and not a party to this cause. My residence or business address is: 5900 Hollis Street, Suite O, Emeryville, CA 94608; dmcleod@bhc.law 2. I am a resident of or employed in the county where the mailing occurred. I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by mailing them, in a sealed envelope with postage fully prepaid, as follows: a. I deposited the envelope with the United States Postal Service. b. I placed the envelope for collection and processing for mailing following this business's ordinary practice with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. c. Date of deposit: d. Place of deposit (city and state): e. Addressed as follows (name and address): 3 I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by personally delivering copies as shown below: a. Name of person served: b. Address at which person served: c. On (date): d. At (time): 4. I served a copy of the Notice of Entry of Dismissal and Request for Dismissal by electronically serving copies as shown below (complete if electronic service is used based on a court order or agreement of the parties): a. Name of person served: See attached b. Electronic service address of person served: See attached c. On (date): December 18, 2020 d. At (time):11:30 a.m. e. Electronic service address from which I served the documents: Proof of electronic service is attached. 5. Proof of service on additional parties is attached. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: December 18, 2020 Danyelle McLeod (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 1 of 1 Form Adopted for Mandatory Use Judicial Council of California NOTICE OF ENTRY OF DISMISSAL Code of Civil Procedure, § 581 et seq.; Cal. Rules of Court, rule 3.1390 CIV-120 [Rev. January 1, 2012] AND PROOF OF SERVICE www.courts.ca.gov CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): James P. Nevin, Esq. (Bar #220816 ) FOR COURT USE ONLY Brayton<>Purcell LLP 222 Rush Landing Road, Novato, CA 94948 TELEPHONE NO.: (415) 898-1555 FAX NO. (Optional): (415) 898-1247 E-MAIL ADDRESS (Optional): Plaintiffs VALERI NISKANEN, et al. ATTORNEY FOR (Name): ELECTRONICALLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS:400 McAllister Street F I L E D Superior Court of California, MAILING ADDRESS: County of San Francisco San Francisco, CA 94102 CITY AND ZIP CODE: BRANCH NAME: 12/08/2020 Clerk of the Court PLAINTIFF/PETITIONER: VALERI NISKANEN, et al. BY: YOLANDA TABO-RAMIREZ Deputy Clerk DEFENDANT/RESPONDENT: KELLY-MOORE PAINT COMPANY, et al. REQUEST FOR DISMISSAL CASE NUMBER: CGC-19-276813 A conformed copy will not be returned by the clerk unless a method of return is provided with the document. This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action. (Cal. Rules of Court, rules 3.760 and 3.770.) 1. TO THE CLERK: Please dismiss this action as follows: a. (1) With prejudice (2) X Without prejudice b. (1) X Complaint (2) Petition (3) Cross-complaint filed by (name): on (date): (4) Cross-complaint filed by (name): on (date): (5) Entire action of all parties and all causes of action (6) X Other (specify):*As to DILLINGHAM CONSTRUCTION N.A., INC. only, with a mutual waiver of costs. 2. (Complete in all cases except family law cases.) The court did X did not waive court fees and costs for a party in this case. (This information may be obtained from the clerk. If court fees and costs were waived, the declaration on the back of this form must be completed). Date: December 3, 2020 . . . . . . . . . . . . . . .James . . . . . .P.. .Nevin ................... (TYPE OR PRINT NAME OFX ATTORNEY PARTY WITHOUT ATTORNEY) (SIGNATURE) Attorney or party without attorney for: *If dismissal requested is of specified parties only of specified causes of action only, or of specified cross-complaints only,so stateand identify the parties,X causes of action, or cross-complaints to be dismissed. Plaintiff/Petitioner Defendant/Respondent Cross Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: December 3, 2020 Juniper Bacon XX ATTORNEY (TYPE OR PRINT NAME OF PARTY WITHOUT ATTORNEY) (SIGNATURE) Attorney or party without attorney for: ** If a cross-complaint – or Response (Family Law) seeking affirmative XX relief – is on file, the attorney for cross-complainant (respondent) must sign this consent if required by Code of Civil Procedure section 581 (i)Plaintiff/Petitioner Defendant/Respondent or (j). Cross Complainant (To be completed by clerk) 4. Dismissal entered as requested on (date): 5 Dismissal entered on (date): as to only (name): DISMISSAL ENTERED 6. Dismissal not entered as requested for the following reasons (specify): 12/08/2020 By: YOLANDA TABO-RAMIREZ Deputy Clerk 7. a. Attorney or party without attorney notified on (date): b. Attorney or party without attorney not notified. Filing party failed to provide a copy to be conformed means to return conformed copy Date: Clerk, by , Deputy Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure, § 581 et seq.; Judicial Council of California REQUEST FOR DISMISSAL Gov. Code, § 68637(c); Cal. Rules of Court, rule 3.1390 CIV-110 [Rev. Jan. 1, 2013] www.courts.ca.gov LexisNexis® Automated California Judicial Council Forms CIV-110 PLAINTIFF/PETITIONER: VALERI NISKANEN, et al. CASE NUMBER: DEFENDANT/RESPONDENT: KELLY-MOORE PAINT COMPANY, et al. CGC-19-276813 COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied. (Gov. Code, § 68637.) Declaration Concerning Waived Court Fees 1. The court waived court fees and costs in this action for (name): 2. The person named in item 1 is (check one below): a. not recovering anything of value by this action. b. recovering less than $10,000 in value by this action. c. recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.) 3. All court fees and court costs that were waived in this action have been paid to the court (check one): Yes No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: (TYPE OR PRINT NAME OF ATTORNEY PARTY MAKING DECLARATION) (SIGNATURE) Page 2 of 2 CIV-110 [Rev. January 1, 2013] REQUEST FOR DISMISSAL LexisNexis® Automated California Judicial Council Forms 1 PROOF OF SERVICE BY ELECTRONIC TRANSMISSION Valeri Niskanen (WD Billy Joe McClary), et al. v. Golden Gate Drywall, et al. 2 SFSC Case No. CGC-19-276813 3 I, Danyelle McLeod, declare that I am, and was at the time of service of the documents 4 herein referred to, over the age of 18 years, and not a party to the action; and I am employed in the County of Alameda, State of California. My business address is 5900 Hollis St., Ste. O, 5 Emeryville, California 94608 and my email address is dmcleod@bhc.law. 6 On December 18, 2020, I electronically served the document(s) via File & ServeXpress described as: 7 8 NOTICE OF ENTRY OF DISMISSAL – AS TO DEFENDANT DILLINGHAM CONSTRUCTION, N.A., INC. ONLY 9 on the recipients designated on the Transmission Receipt located on the File & ServeXpress 10 website. 11 I declare under penalty of perjury pursuant to the laws of the State of California that the 12 foregoing is true and correct and that this declaration was executed on December 18, 2020, at Emeryville, California. 13 14 15 16 17 18 19 20 21 22 BHC 23 LAW GROUP LLP 24 _____________________________ 5900 Hollis Street, Suite O 25 Emeryville, CA 94608 T: 510-658-3600 26 F: 510-658-1151 27 28 -1- DEFENDANT DILLINGHAM CONSTRUCTION N.A., INC.’S ANSWER TO PLAINTIFFS’ SECOND AMENDED COMPLAINT FOR SURVIVAL, WRONGFUL DEATH - ASBESTOS