On August 21, 2013 a
Hearing
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.
Preview
wv
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 Caltfomia,
County of San Francisco
10/06/2015
Clerk of the Court
BY-ALISON AGBAY
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’S AND PACIFIC COAST
BUILDING PRODUCTS, INC.’S
MOTION FOR ORDER BARRING
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. (“Kaiser
Gypsum”) hereby joins Co-Defendants GOLDEN GATE DRYWALL’S AND PACIFIC COAST
BUILDING PRODUCTS, INC.’S (hereafter “Co-Defendants”) MOTION FOR ORDER
BARRING TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL, by and
through this written Joinder. Pursuant to the Court’s Order at the hearing on the ex parte
application, the matter shall be heard at 9:00 am on October 13, 2015 in Department 503.
DEFT KAISER GYPSUM COMPANY, INC.’S JOINDER TO DEFTS GG DRYWALL AND PC BUILDING MOTION FOR
ORDER BARRING TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL,wv
Kaiser Gypsum files this Joinder in lieu of filing a duplicate or substantially similar
Motion to that filed by Co-Defendants.
If for any reason Co-Defendants withdraw the above described Motion, the Motion will be
argued by Kaiser Gypsum, and adopted as its own.
DATED: October 6, 2015 DEHAY & ELLISTON LLP
C nema 2 Was
C ne a4 y ASS
By: “aC
JENNIFER JUDIN
GEORGE A. OTSTOTT, JR.
Attorneys for Defendant
KAISER GYPSUM COMPANY, INC.
2
DEFT KAISER GYPSUM COMPANY, INC.’S JOINDER TO DEFTS GG DRYWALL AND PC BUILDING MOTION FOR
ORDER BARRING TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL,wv
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:
J 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):
e DEFENDANT KAISER GYPSUM COMPANY, INC.’S JOINDER TO
DEFENDANTS GOLDEN GATE DRYWALL’S AND PACIFIC COAST
BUILDING PRODUCTS, INC.’S MOTION FOR ORDER BARRING
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 6, 2015 at Oakland, California.
a Pp CieePe
CATE L. COELHO
3
DEFT KAISER GYPSUM COMPANY, INC.’S JOINDER TO DEFTS GG DRYWALL AND PC BUILDING MOTION FOR
ORDER BARRING TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL,