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
Christine L. Hawkins, Esq. SBN 233502
2 Hanna M. Thompson, Esq. SBN 291653
ELECTRONICALLY
FOLEY & MANSFIELD, PLLP
3 2185 N. California Boulevard, Suite 575 F I L E D
Superior Court of California,
Walnut Creek, CA 94596 County of San Francisco
4 Telephone: (510) 590-9500
Facsimile: (510) 590-9595 09/12/2019
5 Email: hthompson@foleymansfield.com Clerk of the Court
BY: YOLANDA TABO-RAMIREZ
Deputy Clerk
6 Attorneys for Defendant
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 “Asbestos-Related Case”
HAGEN and JOLEEN HAGLER, as Wrongful
13 Death Heirs of JOHN CHULICK, Deceased, DECLARATION OF HANNA M.
THOMPSON IN SUPPORT OF
14 Plaintiffs, DEFENDANT COLUMBIA MECHANICAL
CONTRACTORS, INC.’S MOTION FOR
15 vs. SUMMARY JUDGMENT
16 RILEY POWER INC., et al., Date: November 26, 2019
Time: 9:30 a.m.
17 Defendants. Dept.: 503
18 Judge: Hon. Cynthia Ming-mei Lee
19 Trial Date: December 2, 2019
Complaint Filed: January 22, 2019
20
21 I, Hanna M. Thompson, declare as follows:
22 1. I am an attorney at law, duly licensed to practice before all the Courts of the State of
23 California, and am an associate at the law firm of Foley & Mansfield, PLLP, the attorneys of record
24 for Defendant Columbia Mechanical Contractors, Inc. (“Columbia” or “Defendant”) in this action. I
25 have personal knowledge of the matters stated herein, and if called upon could and would
26 competently testify thereto.
27 2. Attached hereto as Exhibit A is a true and accurate copy of Plaintiffs’ Complaint for
28 Wrongful Death, filed on January 22, 2019.
1
DECLARATION OF HANNA M. THOMPSON IN SUPPORT OF DEFENDANT COLUMBIA MECHANICAL
CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGMENT
3540491 v7
1 3. Attached hereto as Exhibit B is a true and accurate copy of relevant portions of Decedent
2 John Chulick Complaint for Personal Injury, filed on February 22, 2004.
3 4. Attached hereto as Exhibit C is a true and accurate copy of Decedent John Chulick
4 1st Amended Complaint for Personal Injury, filed on April 4, 2004.
5 5. Attached hereto as Exhibit D is a true and accurate copy of Decedent John Chulick
6 2nd Amended Complaint for Personal Injury, filed on April 22, 2004.
7 6. Attached hereto as Exhibit E is a true and accurate copy of Decedent John Chulick
8 3rd Amended Complaint for Personal Injury, filed on August 11, 2004.
9 7. Attached hereto as Exhibit F is a true and accurate copy of Decedent John Chulick
10 4th Amended Complaint for Personal Injury, filed on September 3, 2004.
11
8. Due to never being a party in the Personal Injury action, Columbia did not appear at
12 Decedent’s deposition.
13
14 9. The Decedent was deposed over 14 days from 2003 to 2005; not once did Decedent
15 identify Columbia at his deposition.
16 10. Attached hereto as Exhibit G are true and accurate copies of excerpts of the
17 Deposition of John Chulick taken June 2, 2003, pp. 943:22-24, 946:6-8.
18 11. Attached hereto as Exhibit H are true and accurate copies of excerpts of the
19 Deposition of John Chulick taken November 17, 2003, pp. 1558:18-1559: 8.
20 12. Attached hereto as Exhibit I are true and accurate copies of excerpts of the
21 Deposition of John Chulick taken November 18, 2003 pp. 1924:16-24, 1926:16-1927:1.
22 13. Attached hereto as Exhibit J are true and accurate copies of excerpts of the
23 Deposition of John Chulick taken October 12, 2004, pp. 2018:18-21, 2020:17-2021:1, 2027:25-
24 2028:12.
25 14. Attached hereto as Exhibit K are true and accurate copies of excerpts of the
26 Deposition of John Chulick taken October 13, 2004 pp. 2202:3-6, 2205:3-5.
27 15. Attached hereto as Exhibit L is a true and correct copy of Plaintiff’s Standard
28 Interrogatory Responses, served on March 18, 2019.
2
DECLARATION OF HANNA M. THOMPSON IN SUPPORT OF DEFENDANT COLUMBIA MECHANICAL
CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGMENT
3540491 v7
1 16. Attached hereto collectively as Exhibit M are true and correct copies of Columbia’s
2 Request for Production of Documents, Set One, Special Interrogatories, and Form Interrogatories,
3 served on May 10, 2019.
4 17. Attached hereto as Exhibit N are true and correct copies of relevant portions of
5 Plaintiff’s Response to Columbia’s Request for Production of Documents, served on June 28, 2019
6 pp. 2:10-3:10.
7 18. Attached hereto as Exhibit O is true and correct copy of the deposition transcript of
8 co worker Carl Ramsey, taken in this matter on January 27, 2004.
9
10 I declare under penalty of perjury under the laws of the State of California that the foregoing
11 is true and correct. Executed on September 12, 2019 at Walnut Creek, California.
12
13
14
HANNA M. THOMPSON
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
DECLARATION OF HANNA M. THOMPSON IN SUPPORT OF DEFENDANT COLUMBIA MECHANICAL
CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGMENT
3540491 v7
Preview
1 Douglas G. Wah, Esq. SBN 64692 Christine L. Hawkins, Esq. SBN 233502 2 Hanna M. Thompson, Esq. SBN 291653 ELECTRONICALLY FOLEY & MANSFIELD, PLLP 3 2185 N. California Boulevard, Suite 575 F I L E D Superior Court of California, Walnut Creek, CA 94596 County of San Francisco 4 Telephone: (510) 590-9500 Facsimile: (510) 590-9595 09/12/2019 5 Email: hthompson@foleymansfield.com Clerk of the Court BY: YOLANDA TABO-RAMIREZ Deputy Clerk 6 Attorneys for Defendant 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 “Asbestos-Related Case” HAGEN and JOLEEN HAGLER, as Wrongful 13 Death Heirs of JOHN CHULICK, Deceased, DECLARATION OF HANNA M. THOMPSON IN SUPPORT OF 14 Plaintiffs, DEFENDANT COLUMBIA MECHANICAL CONTRACTORS, INC.’S MOTION FOR 15 vs. SUMMARY JUDGMENT 16 RILEY POWER INC., et al., Date: November 26, 2019 Time: 9:30 a.m. 17 Defendants. Dept.: 503 18 Judge: Hon. Cynthia Ming-mei Lee 19 Trial Date: December 2, 2019 Complaint Filed: January 22, 2019 20 21 I, Hanna M. Thompson, declare as follows: 22 1. I am an attorney at law, duly licensed to practice before all the Courts of the State of 23 California, and am an associate at the law firm of Foley & Mansfield, PLLP, the attorneys of record 24 for Defendant Columbia Mechanical Contractors, Inc. (“Columbia” or “Defendant”) in this action. I 25 have personal knowledge of the matters stated herein, and if called upon could and would 26 competently testify thereto. 27 2. Attached hereto as Exhibit A is a true and accurate copy of Plaintiffs’ Complaint for 28 Wrongful Death, filed on January 22, 2019. 1 DECLARATION OF HANNA M. THOMPSON IN SUPPORT OF DEFENDANT COLUMBIA MECHANICAL CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGMENT 3540491 v7 1 3. Attached hereto as Exhibit B is a true and accurate copy of relevant portions of Decedent 2 John Chulick Complaint for Personal Injury, filed on February 22, 2004. 3 4. Attached hereto as Exhibit C is a true and accurate copy of Decedent John Chulick 4 1st Amended Complaint for Personal Injury, filed on April 4, 2004. 5 5. Attached hereto as Exhibit D is a true and accurate copy of Decedent John Chulick 6 2nd Amended Complaint for Personal Injury, filed on April 22, 2004. 7 6. Attached hereto as Exhibit E is a true and accurate copy of Decedent John Chulick 8 3rd Amended Complaint for Personal Injury, filed on August 11, 2004. 9 7. Attached hereto as Exhibit F is a true and accurate copy of Decedent John Chulick 10 4th Amended Complaint for Personal Injury, filed on September 3, 2004. 11 8. Due to never being a party in the Personal Injury action, Columbia did not appear at 12 Decedent’s deposition. 13 14 9. The Decedent was deposed over 14 days from 2003 to 2005; not once did Decedent 15 identify Columbia at his deposition. 16 10. Attached hereto as Exhibit G are true and accurate copies of excerpts of the 17 Deposition of John Chulick taken June 2, 2003, pp. 943:22-24, 946:6-8. 18 11. Attached hereto as Exhibit H are true and accurate copies of excerpts of the 19 Deposition of John Chulick taken November 17, 2003, pp. 1558:18-1559: 8. 20 12. Attached hereto as Exhibit I are true and accurate copies of excerpts of the 21 Deposition of John Chulick taken November 18, 2003 pp. 1924:16-24, 1926:16-1927:1. 22 13. Attached hereto as Exhibit J are true and accurate copies of excerpts of the 23 Deposition of John Chulick taken October 12, 2004, pp. 2018:18-21, 2020:17-2021:1, 2027:25- 24 2028:12. 25 14. Attached hereto as Exhibit K are true and accurate copies of excerpts of the 26 Deposition of John Chulick taken October 13, 2004 pp. 2202:3-6, 2205:3-5. 27 15. Attached hereto as Exhibit L is a true and correct copy of Plaintiff’s Standard 28 Interrogatory Responses, served on March 18, 2019. 2 DECLARATION OF HANNA M. THOMPSON IN SUPPORT OF DEFENDANT COLUMBIA MECHANICAL CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGMENT 3540491 v7 1 16. Attached hereto collectively as Exhibit M are true and correct copies of Columbia’s 2 Request for Production of Documents, Set One, Special Interrogatories, and Form Interrogatories, 3 served on May 10, 2019. 4 17. Attached hereto as Exhibit N are true and correct copies of relevant portions of 5 Plaintiff’s Response to Columbia’s Request for Production of Documents, served on June 28, 2019 6 pp. 2:10-3:10. 7 18. Attached hereto as Exhibit O is true and correct copy of the deposition transcript of 8 co worker Carl Ramsey, taken in this matter on January 27, 2004. 9 10 I declare under penalty of perjury under the laws of the State of California that the foregoing 11 is true and correct. Executed on September 12, 2019 at Walnut Creek, California. 12 13 14 HANNA M. THOMPSON 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF HANNA M. THOMPSON IN SUPPORT OF DEFENDANT COLUMBIA MECHANICAL CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGMENT 3540491 v7