On December 03, 2013 a Hearing was filed involving a dispute between Karidis-Koepke, Nancy, Koepke, Harold, and A.B.C. Mobile Systems, A.B.C. Mobile Systems, Individually And As, American Honda Motor Co. Inc., Bell Industries, Inc., Bell Industries Inc., Individually And As, Belnortel Corporation, D.B.A. A.B.C. Mobile Brake, Borgwarner Morse Tec, Inc., Borgwarner Morse Tec Inc., Individually And As, Burlingame Auto Supply, Continental Automotive Systems, Inc., Cooper Industries Llc, Cooper Industries, Llc, Individually And As, Don L. Morris, Inc., First Doe Through Four Hundredth Doe, Inclusive, Fmc Corporation-John Bean Automotive Equipment, Fmc Technologies, Inc., Individually And As, Folsom Auto Supply, Ford Motor Company, Foreland Parts, Inc.,, Genuine Parts Company, H.M. Royal, Inc., Honeywell International, Inc., Fka Allied Signal,, Kelsey-Hayes Company, Lear Siegler Diversified Holdings Corp.,, Les Vogel Chevrolet Company, Metropolitan Life Insurance Company, Morton International, Inc., A Rohm And Haas, Morton International, Llc, Formerly Known As, National Automotive Parts Association, Parker Hannifin Corporation, Parker Hannifin Corporation, Individually And As, Pneumo Abex Llc, Individually And As Successor In, Rox Automotive, Shell Oil Company, Specialty Foreign Auto Parts, Inc., Erroneously, The Budd Company, Thyssenkrupp Budd Company Sued As "The Budd, Toyota Motor Sales, U.S.A., Inc., University Distributors, Inc., Erroneously Sued, Volkswagen Group Of America, Inc., W. Berry Hurley Corporation, D.B.A. Federal Auto, Karidis-Koepke, Nancy, Koepke, Harold, The Hertz Corporation, for civil in the District Court of San Francisco County.
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oD Oo em YN KD HA BW Ym = Bw NN FRANK D. POND (Bar No. 126191) ANN I. PARK (Bar No. 130394) apark@pondnorth.com ELECTRONICALLY KATHLEEN B. EBRAHIMI (Bar No. 214593) FILED kebrahimi@pondnorth.com Superior C § Califo POND NORTHILP wpere Cour Calon 350 South Grand Avenue, Suite 3300 Los Angeles, CA 90071 MAY 14 2014 Telephone: (213) 617-6170 avlerk of the | Court Facsimile: (213) 623-3594 Deputy Clerk Attorneys for Defendant BELL INDUSTRIES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO HAROLD KOEPKE and Case No: CGC-13-276217 NANCY KARIDIS-KOEPKE, DEFENDANT BELL INDUSTRIES, INC.’S Plaintiffs, NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE vs. ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES FORD MOTOR COMPANY; et al, [Filed concurrently with the Memorandum of Points Defendants. and Authorities, Separate Statement of Undisputed Material Facts, Declaration of Kathleen B. Ebrahimi, Declaration of Samuel L. Spivack. M.D., Declaration of Coreen A. Robbins, C.LH., PH.D., Compendium of Out of State Authorities, Request for Judicial Notice, and [Proposed] Order] Judge: Honorable Teri L. Jackson Department: 503 Date: June 11, 2014 Time: 9:30 a.m. Case Filed: December 3, 2013 Trial Date: June 16, 2014 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN: PLEASE TAKE NOTICE that on June 11, 2014 at 9:30 a.m., or as soon thereafter, as the matter may be heard, in department 503 of the above entitled court located at 400 McAllister Street, San Francisco, California 94102 defendant Bell Industries, Inc. (“Bell”) will and hereby does move this Court, pursuant to Code of Civil Procedure section 437c, subdivisions (c) and (f), for summary DEFENDANT BELL INDUSTRIES, INC.’§ NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES 4436-0059:4812-1863-3242.vioO OD Oe ND A eR BD a Dn A & WwW NH NoN YN YN NN YQ Oe oe Re oN A NH B&B BW N KF OD Ob eS judgment against Plaintiffs Harold Koepke (“Mr. Koepke”) and Nancy Karidis-Koepke (collectively “Plaintiffs.”) This Motion is made on the ground that the material facts supporting entry of summary judgment herein are without dispute and that, based upon said undisputed material facts, Bell is entitled to summary judgment as a matter of law. Plaintiffs’ action fails as a matter of law because Mr. Koepke’s alleged exposure to asbestos as a result of his purported contact with products allegedly supplied by Rox Automotive does not constitute a substantial factor in the development of his disease. Plaintiffs’ claim against Bell does not satisfy the requirements set forth in Rutherford v. Owens-Mlinois, Inc. (1997) 16 Cal.Ath 953, 977. Alternatively, if for any reason summary judgment cannot be had, Bell seeks an order adjudicating Plaintiffs’ claim for punitive damages on the grounds that Plaintiffs’ claim for punitive damages fails as a matter of law because Plaintiffs have not produced and cannot reasonably be expected to obtain the requisite “clear and convincing evidence” of malice, fraud, or oppression by Bell. This Motion is based upon this Notice, the supporting Memorandum of Points and Authorities, the Separate Statement of Undisputed Material Facts, the Declaration of Kathleen B. Ebrahimi and Exhibits thereto, Declaration of Samuel L. Spivack. M.D. and Declaration of Coreen A. Robbins, PhD, CIH, Compendium of Out of State Authorities and Request for Judicial Notice, all filed concurrently herewith, as well as upon the pleadings and records on file herein, and upon such other oral and/or documentary evidence as may be presented at or before the hearing on this Motion.’ fit Ut Mt Mt 1 In addition, prior to the hearing, Bell will lodge with the court a binder of the relevant articles referenced in the supporting declaration of Coreen Robbins. These are not being provided at this time due to the volume of materials and because they comprise Coreen Robbins’ reliance materials. 2 DEFENDANT BELL INDUSTRIES, INC.’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES 4436-0059:4812-1863-3242.v1Oo Oe NY RN A RB RN = oc ae Ww 15 Bell further requests that the Court grant Bell its costs of suit, in accordance with Code of Civil Procedure section 1032 and other applicable provisions. Dated: May 14, 2014 POND NORTH LLP By: " KATHLEEN B. EBRAHIMI Attorneys for Defendant BELL INDUSTRIES, INC. 3 DEFENDANT BELL INDUSTRIES, INC.’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES 4436-0059:4812-1 863-3242.v1