On August 21, 2013 a
Motion,Ex Parte
was filed
involving a dispute between
Moses Sr., Kenneth,
and
Alta Building Material Co.,
Ames Drywall Products Company,
Cahill Construction Co., Inc.,
Century Indemnity Company,,
Consolidated Insulation, Inc.,
Does 1 To 800, Inclusive,
Douglass Insulation Company, Inc., Et Al.,
Fdcc California, Inc.,
Georgia-Pacific Llc (Fka Georgia-Pacific,
Golden Gate Drywall, Inc.,
Hamilton Materials, Inc.,
James A. Nelson Co., Inc.,
J & R Construction,
Kaiser Gypsum Company, Inc.,
Kelly-Moore Paint Company, Inc.,
Marconi Plastering Company, Inc.,
Pacific Coast Building Products, Inc.,
Rich-Tex, Inc.,
Tom Oaks Drywall,
Union Carbide Corporation,
Moses Sr., Kenneth,
for civil
in the District Court of San Francisco County.
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BR wWioN
JENNIFER JUDIN (SBN 256973)
jjudin@dehay.com
GEORGE A. OTSTOTT, JR. (SBN 184671)
gotstott@dehay.com
DEHAY & ELLISTON LLP
1111 Broadway, Suite 1950
Oakland, CA 94607
Telephone: (510) 285-0750
Facsimile: (510) 285-0740
Attorneys for Defendant
KAISER GYPSUM COMPANY, INC.
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
10/09/2015
Clerk of the Court
BY:WILLIAM TRUPEK
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
KENNETH MOSES, SR.,
Plaintiff,
KAISER GYPSUM COMPANY, INC. et al.,
Defendants.
CASE NO.: CGC-13-276180
DEFENDANT KAISER GYPSUM
COMPANY, INC.’S JOINDER TO
DEFENDANTS GOLDEN GATE
DRYWALL AND PACIFIC COAST
BUILDING PRODUCTS, INC.’S
OBJECTION TO PLAINTIFF’S
UNTIMELY SUBMISSION IN
OPPOSITION TO MOTION TO
EXCLUDE TESTIMONY OR
EVIDENCE OF DR. DONALD BREYER
AT TRIAL
DATE: October 13, 2015
TIME: 9:00 a.m.
DEPT: 503
Trial Date: — October 13, 2015
Action Filed: August 21, 2013
TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Defendant Kaiser Gypsum Company, Inc. hereby joins in
the response and objection of Co-Defendants GOLDEN GATE DRYWALL and PACIFIC
COAST BUILDING PRODUCTS, INC. to Plaintiff's improper further Opposition (and
Declaration) to Defense Motion to Exclude Testimony and Evidence of Dr. Breyer.
1
KAISER’S JOINDER TO GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.°S OBJECTION TO PLAINTIFF’
UNTIMELY SUBMISSION IN OPP TO MOTION TO EXCLUDE TESTIMONY OR EVIDENCE OF DR. BREYER AT TRIALBR wWioN
DATED: October 9, 2015 DEHAY & ELLISTON LLP
S oS
By: C TERA < Sy Nica
JENNIFER JUDIN
GEORGE A. OTSTOTT, JR.
Attorneys for Defendant
KAISER GYPSUM COMPANY, INC.
2
KAISER’S JOINDER TO GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.°S OBJECTION TO PLAINTIFF’
UNTIMELY SUBMISSION IN OPP TO MOTION TO EXCLUDE TESTIMONY OR EVIDENCE OF DR. BREYER AT TRIALBR wWioN
PROOF OF SERVICE
Kenneth Moses, Sr. v. Kaiser Gypsum Company, Inc., et al.
San Francisco County Superior Court Action No: CGC-13-276180
I, Cate L. Coelho declare:
I am a citizen of the United States and employed in Alameda County, California. I am
over the age of eighteen years and not a party to the within-entitled action. My business address
is 1111 Broadway, Suite 1950, Oakland, California 94607.
On the date shown below, I served a copy of the within document(s):
¢ DEFENDANT KAISER GYPSUM COMPANY, INC.’S JOINDER TO
DEFENDANTS GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING
PRODUCTS, INC.’S OBJECTION TO PLAINTIFF’S UNTIMELY SUBMISSION
IN OPPOSITION TO MOTION TO EXCLUDE TESTIMONY OR EVIDENCE OF
DR. DONALD BREYER AT TRIAL
By electronically transmitting the document(s) listed above to LexisNexis File and Serve, an
electronic filing service provider, at www.fileandserve.lexisnexis.com pursuant to the
Court’s June 1, 2007 Order mandating electronic service. See Cal. R. Ct. R. 2053, 2055,
2060. The transmission was reported as complete and without error.
TO ALL INTERESTED PARTIES TO THIS ACTION DESIGNATED ON THE
TRANSACTION RECEIPT LOCATED ON THE LEXIS NEXIS FILE & SERVE
WEBSITE.
I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
Executed on October 9, 2015 at Oakland, California.
Cees CorO Pe
Cate L. Coelho
3
KAISER’S JOINDER TO GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.°S OBJECTION TO PLAINTIFF’
UNTIMELY SUBMISSION IN OPP TO MOTION TO EXCLUDE TESTIMONY OR EVIDENCE OF DR. BREYER AT TRIAL
Document Filed Date
October 09, 2015
Case Filing Date
August 21, 2013
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BR wWioN JENNIFER JUDIN (SBN 256973) jjudin@dehay.com GEORGE A. OTSTOTT, JR. (SBN 184671) gotstott@dehay.com DEHAY & ELLISTON LLP 1111 Broadway, Suite 1950 Oakland, CA 94607 Telephone: (510) 285-0750 Facsimile: (510) 285-0740 Attorneys for Defendant KAISER GYPSUM COMPANY, INC. ELECTRONICALLY FILED Superior Court of California, County of San Francisco 10/09/2015 Clerk of the Court BY:WILLIAM TRUPEK Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO KENNETH MOSES, SR., Plaintiff, KAISER GYPSUM COMPANY, INC. et al., Defendants. CASE NO.: CGC-13-276180 DEFENDANT KAISER GYPSUM COMPANY, INC.’S JOINDER TO DEFENDANTS GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.’S OBJECTION TO PLAINTIFF’S UNTIMELY SUBMISSION IN OPPOSITION TO MOTION TO EXCLUDE TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL DATE: October 13, 2015 TIME: 9:00 a.m. DEPT: 503 Trial Date: — October 13, 2015 Action Filed: August 21, 2013 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Defendant Kaiser Gypsum Company, Inc. hereby joins in the response and objection of Co-Defendants GOLDEN GATE DRYWALL and PACIFIC COAST BUILDING PRODUCTS, INC. to Plaintiff's improper further Opposition (and Declaration) to Defense Motion to Exclude Testimony and Evidence of Dr. Breyer. 1 KAISER’S JOINDER TO GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.°S OBJECTION TO PLAINTIFF’ UNTIMELY SUBMISSION IN OPP TO MOTION TO EXCLUDE TESTIMONY OR EVIDENCE OF DR. BREYER AT TRIALBR wWioN DATED: October 9, 2015 DEHAY & ELLISTON LLP S oS By: C TERA < Sy Nica JENNIFER JUDIN GEORGE A. OTSTOTT, JR. Attorneys for Defendant KAISER GYPSUM COMPANY, INC. 2 KAISER’S JOINDER TO GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.°S OBJECTION TO PLAINTIFF’ UNTIMELY SUBMISSION IN OPP TO MOTION TO EXCLUDE TESTIMONY OR EVIDENCE OF DR. BREYER AT TRIALBR wWioN PROOF OF SERVICE Kenneth Moses, Sr. v. Kaiser Gypsum Company, Inc., et al. San Francisco County Superior Court Action No: CGC-13-276180 I, Cate L. Coelho declare: I am a citizen of the United States and employed in Alameda County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 1111 Broadway, Suite 1950, Oakland, California 94607. On the date shown below, I served a copy of the within document(s): ¢ DEFENDANT KAISER GYPSUM COMPANY, INC.’S JOINDER TO DEFENDANTS GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.’S OBJECTION TO PLAINTIFF’S UNTIMELY SUBMISSION IN OPPOSITION TO MOTION TO EXCLUDE TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL By electronically transmitting the document(s) listed above to LexisNexis File and Serve, an electronic filing service provider, at www.fileandserve.lexisnexis.com pursuant to the Court’s June 1, 2007 Order mandating electronic service. See Cal. R. Ct. R. 2053, 2055, 2060. The transmission was reported as complete and without error. TO ALL INTERESTED PARTIES TO THIS ACTION DESIGNATED ON THE TRANSACTION RECEIPT LOCATED ON THE LEXIS NEXIS FILE & SERVE WEBSITE. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on October 9, 2015 at Oakland, California. Cees CorO Pe Cate L. Coelho 3 KAISER’S JOINDER TO GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.°S OBJECTION TO PLAINTIFF’ UNTIMELY SUBMISSION IN OPP TO MOTION TO EXCLUDE TESTIMONY OR EVIDENCE OF DR. BREYER AT TRIAL