On June 06, 2007 a Judgment was filed involving a dispute between Castagna, Louis, and Advocate Mines Limited, Albay Construction Company, All Asbestos Defendants, Allis-Chalmers Corporation Product Liability Trust, American Conference Of Governmental Industrial, American Conference Of Governmental Industrial Hyg, American Standard, Inc., Ameron International Corporation, A.O. Smith Corporation, Asbestos Defendants, Asbestos Manufacturing Company, Auto Friction Corporation, Auto Specialties Manufacturing Company, Baugh Construction Company, Bechtel Corporation, Bell Asbestos Mines Ltd., Borgwarner Morse Tec, Inc., Brassbestos Brake Lining Company, Bridgestone Firestone North American Tire, Llc, Briggs & Stratton Corporation, Bucyrus International, Inc., Caterpillar Inc., Cbs Corporation, A Delaware Corporation, Chevron Products Company, Chevron U.S.A. Inc., Chicago Bridge & Iron Company,, Chrysler Llc Fka Daimlerchrysler Company Llc,, Conocophillips Company, Consolidated Insulation, Inc., Contra Costa Electric, Inc., Copeland Corporation, Copeland Corporation, Llc Fka Copeland Corporation, Crane Co., Csk Auto, Inc., Daimlerchrysler Company Llc, Formerly Known As, Daimlerchrysler Corporation, Dana Corporation, Dillingham Construction N.A., Inc., Does 1-8500, Douglass Insulation Company, Inc., Durametallic Corporation, Eaton Corporation, Eaton Electrical Inc., Elliott Company,, Elliott Turbomachinery Co., Inc., Emsco Asbestos Company, Fibre & Metal Products Company, Fibre & Metal Products Company, Inc., Fisher Controls International Llc, Fmc Corporation, Fmc Corporation-Chicago Pump, Forcee Manufacturing Corp., Ford Motor Company, Foster Wheeler Llc, Garlock Sealing Technologies, Llc, Gate City Plumbing & Heating, Gatke Corporation, General Electric Company, General Motors Corporation, Genuine Parts Co., Genuine Parts Company, Henry Vogt Machine Co., H. Krasne Manufacturing Company, Honeywell International Inc.,, Hopeman Brothers, Inc., Imo Industries Inc., Ingersoll-Rand Company, Interlake Steamship Co., Johnson Controls, Inc., J.T. Thorpe & Son, Inc., Kaiser Gypsum Company, Inc., Kelly-Moore Paint Company, Inc., Lamons Gasket Company, Landsea Holding Company, Lasco Brake Products, Lear Siegler Diversified Holdings Corp., Lindstrom & King Co., Inc., L.J. Miley Company, Maremont Corporation, Metropolitan Life Insurance Company, Molded Industrial Friction Corporation, Morton International, Inc., National Automotive Parts Association, National Transport Supply, Inc., Nibco Inc., Oakfabco, Inc., Owens-Illinois, Inc., Paccar Inc., Pacific Gas & Electric Company, Pacific Mechanical Corporation, Parker-Hannifin Corp., Performance Mechanical, Inc., Plant Insulation Company, Pneumo Abex Llc, Quintec Industries, Inc., Rapid-American Corporation, Red-White Valve Corporation, Republic Supply Company, Riley Power Inc., Riley Power, Inc., Erroneously Sued As Babcock, Riteset Manufacturing Company, Rockwell Automation, Inc., Rossendale-Ruboil Company, Santa Fe Braun, Inc., Schlage Lock Company, Scott Co. Of California,, Sequoia Ventures Inc., Shell Oil Company, Silver Line Products, Inc., Southern Friction Materials Company, Special Electric Company, Inc., Special Materials, Inc.-Wisconsin, Standard Motor Products, Inc., Standco, Inc, Sta-Rite Industries, Llc, Stuart-Western, Inc., Swinerton Builders Fka Swinerton & Walberg Co., Taco, Inc., Temporary Plant Cleaners, Inc., Terry Corporation Of Connecticut, Terry Steam Turbine Co., The Budd Company, The Dow Chemical Company, The Industrial Maintenance Engineering Contracting, The William Powell Company, Thomas Dee Engineering Company, Timec Company, Inc., Tosco Refining Company, Inc., Trane Us, Inc., Triple A Machine Shop, Inc., Tyco International, Underwriters Laboratories, Inc., Uniroyal Holding, Inc., Universal Friction Materials Company, Unocal Corporation, U.S. Spring & Bumper Company, Warren Pumps, Llc, Wheeling Brake Block Manufacturing Company, Yarway Corporation, Zurn Industries, Llc, Formerly Known As Zurn, for civil in the District Court of San Francisco County.
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JEFFREY M. VUCINICH, ESQ. BAR#: 67906 STEPHEN V. HARRINGTON, ESQ. BAR#: 222064 CLAPP, MORONEY, BELLAGAMBA, VUCINICH, BEEMAN & SCHELEY A PROFESSIONAL CORPORATION 1111 Bayhill Drive, Suite 300 San Bruno, CA 94066 (650) 989-5400 (650) 989-5499 FAX Attorneys for Defendant ELECTRONICALLY FILED Superior Court of California, County of San Francisco JUN 23 2010 Clerk of the Court BY: JUDITH NUNEZ CONTRA COSTA ELECTRIC, INC. Depuly Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO LOUIS CASTAGNA, ASBESTOS CASE NO. CGC-07-274230 Plaintiff, Vv ASBESTOS DEFENDANTS (BP) As Reflected on Exhibits B, B-1, C, D,H, and DOES 1-8500, Defendants. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANT CONTRA COSTA ELECTRIC, INC”’S MOTION FOR SUMMARY JUDGMENT Date: September 9, 2010 Time: 9:30 a.m. Dept: 220 Pursuant to CCP § 437e(b)(1), Defendant and moving party, CONTRA COSTA ELECTRIC, INC. (“CCE”), hereby submits its Separate Statement of Undisputed Material Facts, together with references to evidence in support of its Motion for Summary Judgement against Plaintiff LOUIS CASTAGNA. Hy ‘ft Hf tl Mi G:\Data\DOCS\0431\ 03845 \MS7\SSUMP wpa SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANT CONTRA COSTA ELECTRIC, INC.’S MOTION FOR SUMMARY JUDGMENTMoving Party’s Undisputed Material Facts and Supporting Evidence Opposing Party’s Response and Supporting Evidence 1) Plaintiff filed his Complaint for Personal Injury - Asbestos on June 6, 2007, Plaintiff's Complaint for Personal Injuries - Asbestos, attached to Index of Exhibits in Support of Contra Costa Electric, Inc.’s Motion for Sumunary Judgment (hereinafter “Index of Exhibits”) as Exhibit 1. 1) 2) CCE answered plaintiff's complaint on August 16, 2007. Defendant CCE’s Answer to Complaint, attached to Index of Exhibits as Exhibit 2. 2) 3) Plaintiff's complaint states causes of action against CCE for negligence, product liability, false representation, and premises owner/contractor liability. Plaintiffs Complaint for Personal Injuries ~ Asbestos, attached to Index of Exhibits as 3) 4) Plaintiff's responses to standard asbestos interrogatories, sets one and two, identify CCE as an electrical contractor at Standard Oil, Richmond, CA on a one-day job on January 19, 1976, Plaintiffs Responses to Defendants’ Standard Asbestos Case Interrogatories, Sets One at pg. 13, attached to Index of Exhibits as Exhibit 3 and Plaintiff's Responses to Defendants’ Standard Asbestos Case Interrogatories, Sets Two at pg. 23, attached to Index of Exhibits as Exhibit 4. 4) 5) Plaintiff's responses to standard asbestos interrogatories, sets one and two, make no mention that CCE either handled or disturbed any asbestos containing materials in plaintiff's presence. Plaintiff's Responses to Defendants’ Standard Asbestos Case Interrogatories, Sets One at pg. 13, attached to Index of Exhibits as Exhibit 3 and Plaintiff’s Responses to Defendants’ Standard Asbestos Case Interrogatories, Sets Two at pgs. 23, attached to Index of Exhibits as Exhibit 4. 5) G:\Data\DOCS\0431\03845\MSa\SsuME. wed 2 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANT CONTRA COSTA ELECTRIC, INC.’S MOTION FOR SUMMARY JUDGMENT27 28 6) CCE served plaintiff with a comprehensive | 6) set of special interrogatories on January 28, 2009. Defendant CCE’s Special Interrogatories, Set One, attached to Index of Exhibits as Exhibit 7) Although plaintiff was asked for all facts 7) which support his contention that he was exposed to asbestos containing products by CCE, he only provided generic allegations that CCE disturbed asbestos containing materials in his presence at various locations. Plaintiff's Responses to Defendant CCE’s Special Interrogatories, Set One, Interrogatory 2, attached to Index of Exhibits as Exhibit 7. 8) Although plaintiff was asked to describe by | 8) name, manufacturer, supplier, distributor, color, texture, consistency, shape, size, and any markings, a description of the products container including size, color and writings on that container, that CCE alle; gedly e osed him to at any location, plaintiff faile identify any asbestos containing material with particularity, and merely incorporated bis non- responsive answer to special interrogatory no. Defendant CCE’s Special Interrogatories, Set One and Plaintiff's Responses to CCE’s Special Interrogatories, Sets One, Interrogatory 9 and plaintiff's response to Interrogatory 9, 9, attached to Index of Exhibits as Exhibits 5 and 7 respectively 9) Plaintiff provided a list of potential 9) witnesses, including some that are represented by plaintiffs counsel, without specifying any information that they may have regarding any work CCE may have performed in plaintiff's presence. Defendant CCE’s Special Interrogatories, Set One and Plaintiff's Responses to CCE’s Special Interrogatories, Sets One, Interrogatory 5 and plaintiff's response to Intertogatory 5, attached to Index of Exhibits as Exhibit Zrespectively. G:\Data\DOCS\0431\03845\MSJ\SSUMF upd 3 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANT CONTRA COSTA ELECTRIC, INC.’S MOTION FOR SUMMARY JUDGMENT10) Plaintiff Louis Castagna was deposed on April 9, 2009 by defendants, including counsel for CCE. Plaintiff testified that he recalled seeing CCE as an outside contractor at Shell Oil, Standard Oil, Tosco refinery and UnoCal. Deposition of Louis Castagna at p. 1126:17 - 1127:1, attached to Index of Exhibits as Exhibit 9. 10) 11) Plaintiff could not recall what year he saw CCE at Standard Oil. Deposition of Louis Castagna at p. 1128:10- 12, attached to Index of Exhibits as Exhibit 9. 1) 12) Plaintiff testified that he was working for Bechtel and Ehrhart at the time. Deposition of Louis Castagna at p. 1128:14-21 an 1129: 13-17, attached to Index of Exhibits as Exhibit 9. 12) 13) Plaintiff testified that it was difficult for him to differentiate the jobs where he worked and where he saw CCE. Deposition of Louis Castagna at p. 1130:16- 20, attached to Index of Exhibits as Exhibit 9. 13) 14) Plaintiff could not say when he saw CCE at Shell Oil, Martinez. Deposition of Louis Castagna at p. 1130:21- 25, attached to Index of Exhibits as Exhibit 9. 14) 15) Plaintiff testified that he generally recalled seeing CCE working on his jobsites, but could not specify the year, his employer or jobsite. Deposition of Louis Castagna at p. 1131:12- 17, attached to Index of Exhibits as Exhibit 9. 15) 16) Plaintiff testified that he could not specify the year, his employer or jobsite where he saw CCE at Tosco. Deposition of Louis Castagna at p. 1131:18- 20, attached to Index of Exhibits as Exhibit 9. 16) G:\Data\DOCS\0431\03845\MSd\ SSUMF . wpd. 4 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANT CONTRA COSTA ELECTRIC, INC.’S MOTION FOR SUMMARY JUDGMENT17) Plaintiff testified that he could not specify the year, his employer or jobsite where he saw CCE at UnoCal. Deposition of Louis Castagna at p. 1131:21- 23, attached to Index of Exhibits as Exhibit 9. 17) 18) Plaintiff does not know the brand name, manufacturer, or supplier of any of the materials CCE workers worked with in his presence at any jobsite. Deposition of Louis Castagna at p. 1132:6-10, attached to Index of Exhibits as Exhibit 9. 18) 19) Plaintiff testified that he has no information that any of the materials CCE employees worked with in his presence, at any time or location, contained asbestos. Deposition of Louis Castagna at p. 1132:11- 16, attached to Index of Exhibits as Exhibit 9. 19) 20) Following plaintiff's deposition, he served verified supplemental/amended responses to standard asbestos interrogatories, set one, on. February 16, 2010. Plaintiff's Verified Supplemental/Amended Responses to Standard Asbestos Case Interrogatories, Set One, attached to Index of Exhibits as Exhibit 10. 20) 21) Plaintiff's verified supplemental/ amended responses to standard asbestos interrogatories, set one, served February 16, 2010, identify CCE as an electrical contractor at Standard Oil, Richmond, CA on a one-day job on January 19, 1976 and generally as electricians at Standard Oil, Shell Oil and Unocal. Plaintiff's Verified Supplemental/Amended Responses to Standard Asbestos Case Interrogatories, Set One, at pgs. 11 and 33 attached to Index of Exhibits as Exhibit 10. 21) G:\Data\DOCS\0431\03845\MSJ\ SSUMF . wod. 5 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANT CONTRA COSTA ELECTRIC, INC.’S MOTION FOR SUMMARY JUDGMENT22) Plaintiff's verified supplemental/ amended responses to standard asbestos interrogatories, set one, served February 16, 2010, make no mention that CCE either handled or disturbed any asbestos containing materials in plaintiff's presence, Plaintiff's Verified Supplemental/Amended Responses to Standard Asbestos Case Interrogatories, Set One, at pgs. 11 and 33 attached to Index of Exhibits as Exhibit 10. 22) DATED: June 23, 2010 CLAPP, MORONEY, BELLAGAMBA, VUCINICH, BEEMAN and SCHELEY By: @:\Data\NOcs\0431\03845\MSJ\SSUMF . wed [—~ L- STEPHEN V_ HARRINGTON Attomeys for‘Defendant CONTRA COSTA ELECTRIC, INC. 6 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANT CONTRA COSTA ELECTRIC, INC.’S MOTION FOR SUMMARY JUDGMENT