Preview
William M. Hake, Esq. (SBN 110956)
Bill. Hake@wilsonelser.com
John E. Rosenthal, Esq. (SBN 233591) ELECTRONICALLY
hn Rosenthal @wilsonelser com 939367) FILED
B. Gardiner McKleroy, Esq. (SBN 7
Gardiner.McKleroy@wilsonelser.com ‘coca Shas Haneda
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP 12/01/2016
525 Market Street, 17th Floor Clerk of the Court
San Francisco, California 94105 BY-EDNALEEN ALEGRE
Telephone: (415) 433-0990. Deputy Clerk|
Facsimile: (415) 434-1370
Attomeys for Specially Appearing for
Century Indemnity Company,
as successor to CCI Insurance Company,
as successor to Insurance Company of North America
the insurer of Defendant James A. Nelson Co., Inc.,
a suspended corporation
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
KENNETH MOSES, SR., Case No.: CGC-13-276180
Plaintiff, DECLARATION OF GARDINER
MCKLEROY IN SUPPORT OF MOTION|
vs. FOR AN ORDER SETTING ASIDE
DEFAULT AND DEFAULT
KAISER GYPSUM COMPANY, INC., et al., | JUDGMENT ENTERED AGAINST
JAMES A. NELSON, CO., INC.
Defendants.
Date: December 29, 2016
Time: 9:30 a.m.
Dept.: 503, Hon. Garret Wong
I, B. Gardiner McKleroy, declare as follows:
1. Iam an attorney licensed to practice law in the State of California and an associate of
the law firm of Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, attorneys of record for
Century Indemnity Company, as successor to CCI Insurance Company, as successor to
Insurance Company of North America (“Century Indemnity”) the potential insurer of James A.
Nelson, Co. Inc. (“James A. Nelson.”), a suspended corporation. I have personal knowledge of
each fact stated in this declaration and if called upon to testify, could and would competently
testify thereto.
2. Based on information and belief, James A. Nelson’s corporate status is suspended by
DECLARATION OF GARDINER MCKLEROY IN SUPPORT OF MOTION FOR AN ORDER SETTING ASIDE DEFAULT AND.
DEFAULT JUDGMENT ENTERED AGAINST JAMES A. NELSON, CO., INC.
1663172v.1the California Secretary of State and the Franchise Tax Board. A true and correct copy of a
printout of the Business Entity Detail from the California Secretary of State showing that James
A. Nelson is a suspended corporation as well identifying its agent of service of process is and its|
agent’s address, is attached hereto as Exhibit A.
3. A true and correct copy of Plaintiffs proof of service of the complaint is attached
hereto as Exhibit B.
4. A true and correct copy of Plaintiff's request for entry of default is attached hereto as
Exhibit C.
5. A true and correct copy of Default Judgment entered in this case is attached hereto as
Exhibit D.
6. James A. Nelson did not and could not defend itself in this action.
7. Century Indemnity never had the opportunity to participate in this lawsuit and did not
ever appear in this case.
8. I am informed and believe that Century Indemnity issued a liability insurance
policy(ies) to James A. Nelson. That policy appears to provide James A. Nelson with insurance
for the asbestos claims filed against James A. Nelson in this case.
9. In light of the above, Century Indemnity retained counsel in November 2016 to defend!
any asbestos claims against James A. Nelson.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on this Ist day of December, 2016, in San Francisco, California.
(- HA —
B. Gardiner McKleroy
2.
DECLARATION OF GARDINER MCKLEROY IN SUPPORT OF MOTION FOR AN ORDER SETTING ASIDE DEFAULT AND
DEFAULT JUDGMENT ENTERED AGAINST JAMES A. NELSON, CO., INC.
1663172v.1EXHIBIT ABusiness Search - Business Entities - Business Programs Page 1 of 1
CAlvent) Sarria Sis Sits ite oe sedi,
Secretary of State Main Website Business Programs Notary & Authentications Elections Campaign & Lobbying
Business Entity Detail
Business Entities (BE)
Online Services
[pateathe tence Data is updated to the California Business Search on Wednesday and Saturday mornings. Results
Corporations reflect work processed through Tuesday, November 29, 2016, Please refer to Pr rimes for
~ Business Search the received dates of filings currently being processed. The data provided is not a complete or certified
- Processing Times ec
- Disclosure Search record of an entity.
Main Page Entity Name: JAMES A. NELSON CO., INC.
Service Options Entity Number: 0393095
ae Date Filed: 03/22/1960
Forms, Samples & Fees
Status: FTB SUSPENDED
Statements of Information
(ennual/biennial reports) Jurisdiction: CALIFORNIA
Filing Tips Entity Address: 2540 NEWHALL ST
Information Requests
(certificates, copies & Entity City, State, Zip: SAN FRANCISCO CA 94124
status reports)
Service of Process.
Agent for Service of Process: GERALD T PARKS JR
FAQs Agent Address: 2540 NEWHALL ST
Contact Information Agent City, State, Zip: SAN FRANCISCO CA 94124
Resources
+ Business Resources Indicates the information is not contained in the California Secretary of State's database.
- Tax Information
- Starting A Business If the status of the corporation is "Surrender," the agent for service of process is automatically
revoked. Please refer to California Corporations Code section 224 for information relating to
service upon corporations that have surrendered.
For information on checking or reserving a name, refer to Name Availability.
For information on ordering certificates, copies of documents and/or status reports or to request a
more extensive search, refer to Information Requests.
For help with searching an entity name, refer to S Tips.
For descriptions of the various fields and status types, refer to
Customer Alerts.
- Business Identity Theft
- Misleading Business
Solicitations
ield Descriptions and Status
Modity Search New Search Printer Friendly Back to Search Results
Privacy. Statement | Free Document Readers
Copyright © 2016 California Secretary of State
http://kepler.sos.ca.gow/ 11/30/2016EXHIBIT B7 : {POS-010°
David R:Donadio (Slate Bard 134436). eee
| Brayton<>Purcell.
222 Rush Landing. Rd., Novato, California 94948:
“yetepronea: (415) 898-1555. exkiwsconmae (4 :
“euibionness orien’ : ELECTRONICALLY
“prronuevicon fui: Plaintiff ; FILED |
L ‘San Francisco ic
ER Sau a MMe Spe Gomes
‘MAILING ADDRESS:
‘emvasoaecose. San’ Francised,'CA 94102-4512, eer
‘BRANCH NAME;: BY: WILLIAM TRUPEK
PLAINTIFFIPETITIONER: Kenneth Moses; Sr: ‘CAGE MUNGER: Deputy Clerk]
DEFENOANTRESPONDENT: Kaiser Gypsum:Company, etal. @GC-13-276180
1] Rat NS. de Fine:
PROOF OF SERVICE OF SUMN
Gip. 1176
(Separate proof of service is requited for each party:served.)
At the time:of service | was at least 18 years of age.and'not.a parly-to this action,
2. bserved.copies of:
a. (3¢] summons
b complaint
Altémiative' Dispute’ Resolution (ADR) package
Civil. Case Cover. Sheet:(served in:complex-cases:only)
cross-complaint
othe? (specify-docuimenits):. Statements of Damages; Notice of Status: Conférence, Preliminary Fact Sheet
OBOE
3. a. Party:served (specify.name of party as shown on documents. served):
James‘A. Nelson Co., Inc.
5.3] ‘Person (other than ihe party initem 3a) served on behalf of an entity or as.an aulhorized agent (and hol-a person
‘under item 5b on whom substituted service was made) pact ‘nameand relationship to the party: named in'ilem:3a):
Linda Rains - Authorized-A gent for:Service 09/03/13.
4.. Address where the party was:served; 4600S: 134th Place:
__.. Tukwila, WA:98168-3241
6. | served the.party-(check proper: box)
‘by personal service. |:personally:delivered the documents 'listed in item 2:to the. party.or person authorized to.
Feceive Service of process'for the party. (1) on (date): (2):at- (ting):
» CJ by substituted’service, On:(date): at(time): (eft the documents Jisted in item:2 with or
in the presence of (name: and title. or relationship to person indicated in item 3):
GY [[_] (business) a person at least.18 years of'age-apparenitly.in charge at the‘office:or. usual place of business
‘of the person to be served. | informed him or her-of the generat nature of the papers:
(2) Co (home) a competent member of the‘household (at least 18 years.of.age) at the:dwelling house:or usual
placeé‘of'abode of the party: informed him or:her of:the general naliire of:the papers.
43). (2): (physicaladdress.unkiown) a person at least 18 years of age apparently in charge atthe usual. mailing
address of the person lo. be served, -other.than.a United States. Postal:Service-post office box. Linformed
him or her of the general nature of the papers.
4) | thereafter mailed (by first-class, postage-prepaid) copies of the documents to the'person'to be'served
atthe place Where the:copies were left (Code Civ. Proc, § 415.20). mailed the documents on
(date): from (city): ‘or a declaration of mailing. is.attached.
(8) [_] ‘Lattach-a dectaration of diligence stating actions taken first to attempt personal service.
Page tof7.
afte ft Mane PROOF GF SERVICE OF SUMMONS Sol citaa Prete: $108
POS-010 [Rev, January 1. 2007] LexisNexis®: Automated California Judicial Council FormsPLANTEFPETTIONER: Kenneth Moses, Sr [aera :
CGC-13-276180.
DEFENDANTIRESPONDENT:: Kaiser Gypsum Company, etal.
by- mail aiid acknowledginent-of receipt of service. mailed the dociiments listed in Hem 2:16.the:paity,-to the
addréssishown in'item 4, by first-class mail, postage ‘prepaid,
(1)-0n (datey:. 08/30/13. (2) from (city). Novato
8): with wwo' ‘copies of the Notice and Acknowledgment of Receipt and.a postage-paid return envelope addressed.
jome.. (Atfach completed Nolice.and-Acknowledgement of Receipt.) (Code Civ. Proc., §-415,30.)
a ‘Ba fo'an address Gutside Califoria with retum:-réceipt requested. (Code ‘Civ..Proc.,:§. 445.40.)
d. oO ‘by-other mans [specily means of service and authonzing cade section):
C) - aatitionar page desénibing service is attached.
6. The-"Noticé.to the Person Served" (on thé summons) was:coimpleted as follows:
a. [__] ‘as'an individual defendant. 7
b. [7]. casthe ‘person'sued under the-fictitious ‘name: of (Specify):
¢ [1] -as occupant:
¢. [X) ontetiattot (specify): Janies:A. Nelsoi'Co., Inc:
under the following Code:of Civil Procedure section;
EX] 416,10 :(coiporation) . £-1--415.95 (business organization, form unknown)
(J 416.20:(defunct corporation) (7):416.60:(minor)
TL 41630 (joint stock compariyassociation) :416:70: (Ward or conservatee)
2) 446,40 (@ssociation or partnership) [1 446.90 (authorized person)
TD 446.50 (public eintityy (1.415:46 (cecupant)
Ch other:
7, Person-who'served papers.
a, Name; Sandie Dietler
b: Address! ‘222 Rush Landing Rd., Novato, 'CA.-94948-6169-
©.. Telephoné:niimber: 415):898-1555.
d.. The-feefor-service was:. $
es bar
(1)°3C] ‘notiaregistered California process server.
(2) ‘exempt ftom registration under. Business: and Professions. Cole. section 22350(b).
@yL_] ategistered California process server,
@) (7) owner [“Jemployee (“] independent contracter.
(i). “Registration No.:
(iii), County:
8. I declare.under penalty-of perjury. under the laws of the'State of California'that the foregoing is true ‘anid correct:
or
a CE] (-am'a California sheriff or marshal'and | certify that the foregoing is true and coréct:
Date: September:30;-2015: : *
Sandie Dictler y
[NAME OF PERSON WHO SERVED PAPERSISHERIFF OR MARSHAL) = (SIGNATURE )
eee eee eee PROOF OF SERVICE OF SUMMONS eae
‘LexisNexis®: Automated California Judicial Council Faring~ NSN OBIE
ea ORL.
shoo
sece-Ratde Wan "enain
"1 838hg UIFEL"S OO8y
sau on uasien“v rower
ag 'she *4 Prtso9 “ayy
soxpascamppy opaiy 2)
ANRC EOD PELEXHIBIT CCiv-100
INEY (Name, State Bar number, and ediress): ‘FOR COURT USE ONLY
| David Donadio Bels4450)
Brayton > Purcell LLP
222 Rush Landing Road :
Novato, California one 1555 so oem: 415-898-1247 ELECTRONICALLY
rELEPHONENO: 415-898-1 5; Faxwo, (Opionet: 415-898-1247 -
nu AoDnese onl braytonlaw.com FILED
[ATTORNEY FOR (Name): PT. Superior Court of California,
‘SUPERIOR GOURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco
srmeerooness: 400 McAllister Street DEC 20 2013
Se sac P | eam
erry aoa cove: San Francisco, 94102 . t Doruty Clerk
PLAINTIFF/PETITIONER: KENNETH MOSES, SR.
DEFENDANT/RESPONDENT: KAISER GYPSUM COMPANY, INC. et al.
(CASE NUMBER:
REQUEST FOR Entry of Defaut 51 clerk's Judgment
(Application) : 1e CGC-13-276180
[1 court Judgment
4. TO THE CLERK: On the complaint or cross-complaint filed
a, on (date): AUGUST 21, 2013
b. by (name) KENNETH MOSES, SR.
c. (3) Enter defautt of defendant (names): JAMES A. NELSON CO., INC.
d. (CJ I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names):
(Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code
Civ. Proc., § 585(0).)
e. (_] Enter clerk's judgment
for restilution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section
1174(c) does not apply. (Code Civ. Proc., § 1169.)
{J Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The
Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section
415.46.
(2) [J under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the
reverse (item 5).)
(3) [-_] for default previously entered on (date):
2. Judgment to be entered. Amount Credits acknowledged Balance
a, Demand of complaint 0.0.2.0... $ $ 8
b. Statement of damages * :
(1) Special .. $ $ $
(2) General $ $ $
c. Interest .. $ $ $
4. Costs (see reverse) $ $ $
e. Attorney fees... $ $ $
f. TOTALS Tt 8 $ $
g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date):
(° Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.)
30] (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is on
the reverse (complete item 4).
pate: \\\{ A, dS »
DAVID DONADIO
CTYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIEF)
(ty Default entered as requested on (date):
@) Default NOT entered as requested (state reason):
FOR COURT
| USE ONLY Clerk, by. , Deputy
Page ot?
Fm oped Mardy Oe REQUEST FOR ENTRY OF DEFAULT feteseaer
I¥%400 (Rev: January 1, 2007] {Application to Enter Default) + wnt covrtnte ca. gor
LexisNexis® Automated California Judicial Council FormsCiv-100
PLAINTIFF/PETITIONER: KENNETH MOSES, SR. : CASE NUMBER:
[__DEFENDANT/RESPONDENT: KAISER GYPSUM COMPANY, INC. et al. CGC-13-276180
4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant
‘or unlawful detainer assistant [_] did [_] didnot for compensation give advice or assistance with this form.
(if declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state):
a. Assistant's name: c. Telephone no.:
b. Street address, city, and zip code: d. County of registration:
e. Registration no.:
f. Expires on (date):
5. [X] Dectaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)).
This action
a. (J) is ExJisnot ona contract or installment sale for goods or services subject to Civ. Code, § 1804 et seq. (Unruh Act),
b. [_] is Lx Jisnot on aconsitional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act). .
c. Co is Kd isnot on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc.,.§ 395(b).
6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was
a. [] not maited to the following defendants, whose addresses are unknown to plaintiff or plaintiffs attorney (names):
b. LX] maited first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to
each defendant's last known address as follows: . :
(1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes):
Linda Rains- AUTHORIZED AGENT FOR SERVICE
4600 S. 134th Place
DEC 2 0 2013 Tukwila, WA 98168-3241
I declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct.
Date:
Jeremy De LaTotre DEC 2 0 2013 »
(TYPE OR PRINT NAME) “\gicnsfdkee oF pecuaranny
7. Memorandum of costs (required if money judgment requested). Costs and disbursements ye follows (Code Civ. Proc.,
§ 1033.5):
Clerk's filingfees .....2...... heats s
Process server's fees
Other (specify):
TOTAL ....
[21 costs and disbursements are waived.
/ Iam the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is
correct and these costs were necessarily incurred in this case.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
r
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
e> sgore
naan
8. [__} Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the
military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. App. § 501 et seq.).
1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: : >
(YPE OR PRINT Name) (SIGNATURE OF DECLARANT)
‘Civ-400 fRev. January 1, 2007] REQUEST FOR ENTRY OF DEFAULT Page 20f2
(Appiication to Enter Default)
LexisNexis® Automated California Judicial Council FormsEXHIBIT DBRAYTON*PURCELL LLP
ATTORNEYS AT LAW
222 RUSH LANDING ROAD
P.O BOX 6169
NOVATO, CALIFORNIA 94948-6169
(418) 898-1555
ALAN R. BRAYTON, ESQ,, S.B. #73685
DAVID R. DONADIO, ESO,, S.B. #154436 I
NANCY T. WILLIAMS, ESQ., S.B. #201095 oo rrantieco Poni Serio Court
BRAYTON SPURCELL LLP O16
BRA 162
AD LEY vest
ui: 0: c TH
P.O. Box 6169 CLERK OF
Novato, California 94948-6169 o_o ae
415) 898-1555
415) 898-1247 (Fax No.)
Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
KENNETH MOSES, SR., ASBESTOS
No. CGC-13-276180
Plaintiff,
DEFAULT JUDGMENT OF DAMAGES
vs. AGAINST DEFENDANT JAMES A.
NELSON CO., INC.
a GYPSUM COMPANY, INC., }
etal.,
Date: July 28, 2016
Defendants. Time: 9:00 a.m.
Dept.: 514, Hon. Joseph M. Quinn
Trial Date: Not Applicable
Action Filed: August 21, 2013
The application of Plaintiff KENNETH MOSES, SR. for entry of default judgment
against Defendant JAMES A. NELSON CO., INC. (“defendant”) on the Complaint filed August
21, 2013 came on regularly for hearing on July 28, 2016.
The Court has reviewed all papers submitted with this application, including the
memorandum of points and authorities, supporting declarations, exhibits, and considering the
argument of Plaintiff’s counsel, and has taken judicial notice of the filings in this action. It
appears that defendant has been regularly served with process, defendant has failed to answer or
appear and defend the action within the time allowed by law, and default of defendant has been
duly entered. As such, plaintiff is entitled to the relief sought in plaintiff's application for default]
judgment:
MW
KAbnjredAIL8980PLD\Defial JNELSN wed. 1 mn
DEFAULT JUDGMENT OF DAMAGES AGAINST DEFENDANT JAMES A. NELSON CO, INC.1
2
3
4
5
6
7
8
9
IT IS ORDERED, ADJUDGED, AND DECREED that the plaintiff KENNETH MOSES,
| SR. shall recover damages from defendant JAMES A. NELSON CO., INC. in the amount as
follows:
To Plaintiff KENNETH MOSES, SR. for Economic Damages: $407,946.25
To Plaintiff KENNETH MOSES, SR. for Non-Economic Damages $10,000,000.00
For a combined total amount of $10,407,946.25. -
The judgment shall take effect immediately.
The Clerk is ordered to enter the judgment.
Dated JUL 28 2016
Kenneth Moses, Sr. v. Kaiser Gypsum Company, Inc., et al.
San Francisco Superior Court Case No. CGC-13-276180
(efault Judgment Against Defendant James A. Nelson Co., Inc.)
K.Nlnjuced\ 189861PL.D\Defaul judgment JNELSN. 2
DEFAULT JUDGMENT OF DAMAGES AGAINST DEFENDANT JAMES A. NELSON CO,, INC.
Preview
William M. Hake, Esq. (SBN 110956) Bill. Hake@wilsonelser.com John E. Rosenthal, Esq. (SBN 233591) ELECTRONICALLY hn Rosenthal @wilsonelser com 939367) FILED B. Gardiner McKleroy, Esq. (SBN 7 Gardiner.McKleroy@wilsonelser.com ‘coca Shas Haneda WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 12/01/2016 525 Market Street, 17th Floor Clerk of the Court San Francisco, California 94105 BY-EDNALEEN ALEGRE Telephone: (415) 433-0990. Deputy Clerk| Facsimile: (415) 434-1370 Attomeys for Specially Appearing for Century Indemnity Company, as successor to CCI Insurance Company, as successor to Insurance Company of North America the insurer of Defendant James A. Nelson Co., Inc., a suspended corporation SUPERIOR COURT FOR THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO KENNETH MOSES, SR., Case No.: CGC-13-276180 Plaintiff, DECLARATION OF GARDINER MCKLEROY IN SUPPORT OF MOTION| vs. FOR AN ORDER SETTING ASIDE DEFAULT AND DEFAULT KAISER GYPSUM COMPANY, INC., et al., | JUDGMENT ENTERED AGAINST JAMES A. NELSON, CO., INC. Defendants. Date: December 29, 2016 Time: 9:30 a.m. Dept.: 503, Hon. Garret Wong I, B. Gardiner McKleroy, declare as follows: 1. Iam an attorney licensed to practice law in the State of California and an associate of the law firm of Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, attorneys of record for Century Indemnity Company, as successor to CCI Insurance Company, as successor to Insurance Company of North America (“Century Indemnity”) the potential insurer of James A. Nelson, Co. Inc. (“James A. Nelson.”), a suspended corporation. I have personal knowledge of each fact stated in this declaration and if called upon to testify, could and would competently testify thereto. 2. Based on information and belief, James A. Nelson’s corporate status is suspended by DECLARATION OF GARDINER MCKLEROY IN SUPPORT OF MOTION FOR AN ORDER SETTING ASIDE DEFAULT AND. DEFAULT JUDGMENT ENTERED AGAINST JAMES A. NELSON, CO., INC. 1663172v.1the California Secretary of State and the Franchise Tax Board. A true and correct copy of a printout of the Business Entity Detail from the California Secretary of State showing that James A. Nelson is a suspended corporation as well identifying its agent of service of process is and its| agent’s address, is attached hereto as Exhibit A. 3. A true and correct copy of Plaintiffs proof of service of the complaint is attached hereto as Exhibit B. 4. A true and correct copy of Plaintiff's request for entry of default is attached hereto as Exhibit C. 5. A true and correct copy of Default Judgment entered in this case is attached hereto as Exhibit D. 6. James A. Nelson did not and could not defend itself in this action. 7. Century Indemnity never had the opportunity to participate in this lawsuit and did not ever appear in this case. 8. I am informed and believe that Century Indemnity issued a liability insurance policy(ies) to James A. Nelson. That policy appears to provide James A. Nelson with insurance for the asbestos claims filed against James A. Nelson in this case. 9. In light of the above, Century Indemnity retained counsel in November 2016 to defend! any asbestos claims against James A. Nelson. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this Ist day of December, 2016, in San Francisco, California. (- HA — B. Gardiner McKleroy 2. DECLARATION OF GARDINER MCKLEROY IN SUPPORT OF MOTION FOR AN ORDER SETTING ASIDE DEFAULT AND DEFAULT JUDGMENT ENTERED AGAINST JAMES A. NELSON, CO., INC. 1663172v.1EXHIBIT ABusiness Search - Business Entities - Business Programs Page 1 of 1 CAlvent) Sarria Sis Sits ite oe sedi, Secretary of State Main Website Business Programs Notary & Authentications Elections Campaign & Lobbying Business Entity Detail Business Entities (BE) Online Services [pateathe tence Data is updated to the California Business Search on Wednesday and Saturday mornings. Results Corporations reflect work processed through Tuesday, November 29, 2016, Please refer to Pr rimes for ~ Business Search the received dates of filings currently being processed. The data provided is not a complete or certified - Processing Times ec - Disclosure Search record of an entity. Main Page Entity Name: JAMES A. NELSON CO., INC. Service Options Entity Number: 0393095 ae Date Filed: 03/22/1960 Forms, Samples & Fees Status: FTB SUSPENDED Statements of Information (ennual/biennial reports) Jurisdiction: CALIFORNIA Filing Tips Entity Address: 2540 NEWHALL ST Information Requests (certificates, copies & Entity City, State, Zip: SAN FRANCISCO CA 94124 status reports) Service of Process. Agent for Service of Process: GERALD T PARKS JR FAQs Agent Address: 2540 NEWHALL ST Contact Information Agent City, State, Zip: SAN FRANCISCO CA 94124 Resources + Business Resources Indicates the information is not contained in the California Secretary of State's database. - Tax Information - Starting A Business If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 224 for information relating to service upon corporations that have surrendered. For information on checking or reserving a name, refer to Name Availability. For information on ordering certificates, copies of documents and/or status reports or to request a more extensive search, refer to Information Requests. For help with searching an entity name, refer to S Tips. For descriptions of the various fields and status types, refer to Customer Alerts. - Business Identity Theft - Misleading Business Solicitations ield Descriptions and Status Modity Search New Search Printer Friendly Back to Search Results Privacy. Statement | Free Document Readers Copyright © 2016 California Secretary of State http://kepler.sos.ca.gow/ 11/30/2016EXHIBIT B7 : {POS-010° David R:Donadio (Slate Bard 134436). eee | Brayton<>Purcell. 222 Rush Landing. Rd., Novato, California 94948: “yetepronea: (415) 898-1555. exkiwsconmae (4 : “euibionness orien’ : ELECTRONICALLY “prronuevicon fui: Plaintiff ; FILED | L ‘San Francisco ic ER Sau a MMe Spe Gomes ‘MAILING ADDRESS: ‘emvasoaecose. San’ Francised,'CA 94102-4512, eer ‘BRANCH NAME;: BY: WILLIAM TRUPEK PLAINTIFFIPETITIONER: Kenneth Moses; Sr: ‘CAGE MUNGER: Deputy Clerk] DEFENOANTRESPONDENT: Kaiser Gypsum:Company, etal. @GC-13-276180 1] Rat NS. de Fine: PROOF OF SERVICE OF SUMN Gip. 1176 (Separate proof of service is requited for each party:served.) At the time:of service | was at least 18 years of age.and'not.a parly-to this action, 2. bserved.copies of: a. (3¢] summons b complaint Altémiative' Dispute’ Resolution (ADR) package Civil. Case Cover. Sheet:(served in:complex-cases:only) cross-complaint othe? (specify-docuimenits):. Statements of Damages; Notice of Status: Conférence, Preliminary Fact Sheet OBOE 3. a. Party:served (specify.name of party as shown on documents. served): James‘A. Nelson Co., Inc. 5.3] ‘Person (other than ihe party initem 3a) served on behalf of an entity or as.an aulhorized agent (and hol-a person ‘under item 5b on whom substituted service was made) pact ‘nameand relationship to the party: named in'ilem:3a): Linda Rains - Authorized-A gent for:Service 09/03/13. 4.. Address where the party was:served; 4600S: 134th Place: __.. Tukwila, WA:98168-3241 6. | served the.party-(check proper: box) ‘by personal service. |:personally:delivered the documents 'listed in item 2:to the. party.or person authorized to. Feceive Service of process'for the party. (1) on (date): (2):at- (ting): » CJ by substituted’service, On:(date): at(time): (eft the documents Jisted in item:2 with or in the presence of (name: and title. or relationship to person indicated in item 3): GY [[_] (business) a person at least.18 years of'age-apparenitly.in charge at the‘office:or. usual place of business ‘of the person to be served. | informed him or her-of the generat nature of the papers: (2) Co (home) a competent member of the‘household (at least 18 years.of.age) at the:dwelling house:or usual placeé‘of'abode of the party: informed him or:her of:the general naliire of:the papers. 43). (2): (physicaladdress.unkiown) a person at least 18 years of age apparently in charge atthe usual. mailing address of the person lo. be served, -other.than.a United States. Postal:Service-post office box. Linformed him or her of the general nature of the papers. 4) | thereafter mailed (by first-class, postage-prepaid) copies of the documents to the'person'to be'served atthe place Where the:copies were left (Code Civ. Proc, § 415.20). mailed the documents on (date): from (city): ‘or a declaration of mailing. is.attached. (8) [_] ‘Lattach-a dectaration of diligence stating actions taken first to attempt personal service. Page tof7. afte ft Mane PROOF GF SERVICE OF SUMMONS Sol citaa Prete: $108 POS-010 [Rev, January 1. 2007] LexisNexis®: Automated California Judicial Council FormsPLANTEFPETTIONER: Kenneth Moses, Sr [aera : CGC-13-276180. DEFENDANTIRESPONDENT:: Kaiser Gypsum Company, etal. by- mail aiid acknowledginent-of receipt of service. mailed the dociiments listed in Hem 2:16.the:paity,-to the addréssishown in'item 4, by first-class mail, postage ‘prepaid, (1)-0n (datey:. 08/30/13. (2) from (city). Novato 8): with wwo' ‘copies of the Notice and Acknowledgment of Receipt and.a postage-paid return envelope addressed. jome.. (Atfach completed Nolice.and-Acknowledgement of Receipt.) (Code Civ. Proc., §-415,30.) a ‘Ba fo'an address Gutside Califoria with retum:-réceipt requested. (Code ‘Civ..Proc.,:§. 445.40.) d. oO ‘by-other mans [specily means of service and authonzing cade section): C) - aatitionar page desénibing service is attached. 6. The-"Noticé.to the Person Served" (on thé summons) was:coimpleted as follows: a. [__] ‘as'an individual defendant. 7 b. [7]. casthe ‘person'sued under the-fictitious ‘name: of (Specify): ¢ [1] -as occupant: ¢. [X) ontetiattot (specify): Janies:A. Nelsoi'Co., Inc: under the following Code:of Civil Procedure section; EX] 416,10 :(coiporation) . £-1--415.95 (business organization, form unknown) (J 416.20:(defunct corporation) (7):416.60:(minor) TL 41630 (joint stock compariyassociation) :416:70: (Ward or conservatee) 2) 446,40 (@ssociation or partnership) [1 446.90 (authorized person) TD 446.50 (public eintityy (1.415:46 (cecupant) Ch other: 7, Person-who'served papers. a, Name; Sandie Dietler b: Address! ‘222 Rush Landing Rd., Novato, 'CA.-94948-6169- ©.. Telephoné:niimber: 415):898-1555. d.. The-feefor-service was:. $ es bar (1)°3C] ‘notiaregistered California process server. (2) ‘exempt ftom registration under. Business: and Professions. Cole. section 22350(b). @yL_] ategistered California process server, @) (7) owner [“Jemployee (“] independent contracter. (i). “Registration No.: (iii), County: 8. I declare.under penalty-of perjury. under the laws of the'State of California'that the foregoing is true ‘anid correct: or a CE] (-am'a California sheriff or marshal'and | certify that the foregoing is true and coréct: Date: September:30;-2015: : * Sandie Dictler y [NAME OF PERSON WHO SERVED PAPERSISHERIFF OR MARSHAL) = (SIGNATURE ) eee eee eee PROOF OF SERVICE OF SUMMONS eae ‘LexisNexis®: Automated California Judicial Council Faring~ NSN OBIE ea ORL. shoo sece-Ratde Wan "enain "1 838hg UIFEL"S OO8y sau on uasien“v rower ag 'she *4 Prtso9 “ayy soxpascamppy opaiy 2) ANRC EOD PELEXHIBIT CCiv-100 INEY (Name, State Bar number, and ediress): ‘FOR COURT USE ONLY | David Donadio Bels4450) Brayton > Purcell LLP 222 Rush Landing Road : Novato, California one 1555 so oem: 415-898-1247 ELECTRONICALLY rELEPHONENO: 415-898-1 5; Faxwo, (Opionet: 415-898-1247 - nu AoDnese onl braytonlaw.com FILED [ATTORNEY FOR (Name): PT. Superior Court of California, ‘SUPERIOR GOURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco srmeerooness: 400 McAllister Street DEC 20 2013 Se sac P | eam erry aoa cove: San Francisco, 94102 . t Doruty Clerk PLAINTIFF/PETITIONER: KENNETH MOSES, SR. DEFENDANT/RESPONDENT: KAISER GYPSUM COMPANY, INC. et al. (CASE NUMBER: REQUEST FOR Entry of Defaut 51 clerk's Judgment (Application) : 1e CGC-13-276180 [1 court Judgment 4. TO THE CLERK: On the complaint or cross-complaint filed a, on (date): AUGUST 21, 2013 b. by (name) KENNETH MOSES, SR. c. (3) Enter defautt of defendant (names): JAMES A. NELSON CO., INC. d. (CJ I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code Civ. Proc., § 585(0).) e. (_] Enter clerk's judgment for restilution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(c) does not apply. (Code Civ. Proc., § 1169.) {J Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section 415.46. (2) [J under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3) [-_] for default previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a, Demand of complaint 0.0.2.0... $ $ 8 b. Statement of damages * : (1) Special .. $ $ $ (2) General $ $ $ c. Interest .. $ $ $ 4. Costs (see reverse) $ $ $ e. Attorney fees... $ $ $ f. TOTALS Tt 8 $ $ g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date): (° Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.) 30] (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). pate: \\\{ A, dS » DAVID DONADIO CTYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIEF) (ty Default entered as requested on (date): @) Default NOT entered as requested (state reason): FOR COURT | USE ONLY Clerk, by. , Deputy Page ot? Fm oped Mardy Oe REQUEST FOR ENTRY OF DEFAULT feteseaer I¥%400 (Rev: January 1, 2007] {Application to Enter Default) + wnt covrtnte ca. gor LexisNexis® Automated California Judicial Council FormsCiv-100 PLAINTIFF/PETITIONER: KENNETH MOSES, SR. : CASE NUMBER: [__DEFENDANT/RESPONDENT: KAISER GYPSUM COMPANY, INC. et al. CGC-13-276180 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant ‘or unlawful detainer assistant [_] did [_] didnot for compensation give advice or assistance with this form. (if declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state): a. Assistant's name: c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 5. [X] Dectaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)). This action a. (J) is ExJisnot ona contract or installment sale for goods or services subject to Civ. Code, § 1804 et seq. (Unruh Act), b. [_] is Lx Jisnot on aconsitional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). . c. Co is Kd isnot on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc.,.§ 395(b). 6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was a. [] not maited to the following defendants, whose addresses are unknown to plaintiff or plaintiffs attorney (names): b. LX] maited first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: . : (1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes): Linda Rains- AUTHORIZED AGENT FOR SERVICE 4600 S. 134th Place DEC 2 0 2013 Tukwila, WA 98168-3241 I declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct. Date: Jeremy De LaTotre DEC 2 0 2013 » (TYPE OR PRINT NAME) “\gicnsfdkee oF pecuaranny 7. Memorandum of costs (required if money judgment requested). Costs and disbursements ye follows (Code Civ. Proc., § 1033.5): Clerk's filingfees .....2...... heats s Process server's fees Other (specify): TOTAL .... [21 costs and disbursements are waived. / Iam the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: r (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) e> sgore naan 8. [__} Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. App. § 501 et seq.). 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: : > (YPE OR PRINT Name) (SIGNATURE OF DECLARANT) ‘Civ-400 fRev. January 1, 2007] REQUEST FOR ENTRY OF DEFAULT Page 20f2 (Appiication to Enter Default) LexisNexis® Automated California Judicial Council FormsEXHIBIT DBRAYTON*PURCELL LLP ATTORNEYS AT LAW 222 RUSH LANDING ROAD P.O BOX 6169 NOVATO, CALIFORNIA 94948-6169 (418) 898-1555 ALAN R. BRAYTON, ESQ,, S.B. #73685 DAVID R. DONADIO, ESO,, S.B. #154436 I NANCY T. WILLIAMS, ESQ., S.B. #201095 oo rrantieco Poni Serio Court BRAYTON SPURCELL LLP O16 BRA 162 AD LEY vest ui: 0: c TH P.O. Box 6169 CLERK OF Novato, California 94948-6169 o_o ae 415) 898-1555 415) 898-1247 (Fax No.) Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO KENNETH MOSES, SR., ASBESTOS No. CGC-13-276180 Plaintiff, DEFAULT JUDGMENT OF DAMAGES vs. AGAINST DEFENDANT JAMES A. NELSON CO., INC. a GYPSUM COMPANY, INC., } etal., Date: July 28, 2016 Defendants. Time: 9:00 a.m. Dept.: 514, Hon. Joseph M. Quinn Trial Date: Not Applicable Action Filed: August 21, 2013 The application of Plaintiff KENNETH MOSES, SR. for entry of default judgment against Defendant JAMES A. NELSON CO., INC. (“defendant”) on the Complaint filed August 21, 2013 came on regularly for hearing on July 28, 2016. The Court has reviewed all papers submitted with this application, including the memorandum of points and authorities, supporting declarations, exhibits, and considering the argument of Plaintiff’s counsel, and has taken judicial notice of the filings in this action. It appears that defendant has been regularly served with process, defendant has failed to answer or appear and defend the action within the time allowed by law, and default of defendant has been duly entered. As such, plaintiff is entitled to the relief sought in plaintiff's application for default] judgment: MW KAbnjredAIL8980PLD\Defial JNELSN wed. 1 mn DEFAULT JUDGMENT OF DAMAGES AGAINST DEFENDANT JAMES A. NELSON CO, INC.1 2 3 4 5 6 7 8 9 IT IS ORDERED, ADJUDGED, AND DECREED that the plaintiff KENNETH MOSES, | SR. shall recover damages from defendant JAMES A. NELSON CO., INC. in the amount as follows: To Plaintiff KENNETH MOSES, SR. for Economic Damages: $407,946.25 To Plaintiff KENNETH MOSES, SR. for Non-Economic Damages $10,000,000.00 For a combined total amount of $10,407,946.25. - The judgment shall take effect immediately. The Clerk is ordered to enter the judgment. Dated JUL 28 2016 Kenneth Moses, Sr. v. Kaiser Gypsum Company, Inc., et al. San Francisco Superior Court Case No. CGC-13-276180 (efault Judgment Against Defendant James A. Nelson Co., Inc.) K.Nlnjuced\ 189861PL.D\Defaul judgment JNELSN. 2 DEFAULT JUDGMENT OF DAMAGES AGAINST DEFENDANT JAMES A. NELSON CO,, INC.