On June 06, 2007 a Hearing 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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Oo em NA HW RB BW NR Mm RR NM RR RR Reem NS fe & FB FS 8& 3S SF Ge WA Bw RH KH = SD 28 BRYDON Huso & Parker 135 MAIN STREET 20" FLOOR Soe Pranelsen, CA 98108 Edward R. Hugo [Bar No. 124839] Gregor S. Rosse [Bar No. 157965} Ken L. oang [Bar No. 207645] BRYDON © & PARKER 135 Main Street, 20% Floor San Francisco, CA 94105 Telephone: (415) 808-0300 Facsimile: (415) 808-0333 Attorneys for Defendant NIBCO INC. ELECTRONICALLY FILED Superior Court of California, County of San Francisco JUN 22 2010 Clerk of the Court BY: RAYMOND K. WONG Deputy Clerk | SUPERIOR COURT - STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION LOUIS CASTAGNA, Plaintiff(s), VS. ASBESTOS DEFENDANTS (8*P), ET AL, Defendants. (ASBESTOS) Case No, CGC-07-274230 DEFENDANT NIBCO, INC.’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY MOTION FOR SUMMARY ADJUDICATION [C.CP. §437c] (Filed concurrently with Memorandum of Points and Authorities; Separate Statement of Undisputed Material Facts; and Declaration of Ken L. Hoang) Date: September 8, 2010 Time: 9:30 a.m. Dept.: 220 . Judge: Harold E. Kahn Action filed: June 6, 2007 Trial Date: October 12, 2010 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on September 8, 2010 at 9:30 a.m., or as soon thereafter as this matter may be heard, in Department 220 of this Court, Defendant NIBCO, INC. (hereinafter “NIBCO”) will move the Court, pursuant to Code of Civil Procedure § 437c, for an order granting summary judgment, including costs of suit, in NIBCO’s favor and against Plaintiff, LOUIS CASTAGNA, (“Plaintiff”). 1 DEFENDANT NIBCO, ING’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY MOTION FOR SUMMARY ADJUDICATION [C.C.P. §497c]San Fraacisen, CA 94105 In the alternative, if for any reason summary judgment cannot be granted, NIBCO will and hereby does move the Court pursuant to Code of Civil Procedure sections 437c(f) for an order adjudicating that the following causes of action and claim for punitive damages contained in Plaintiff's Complaint have no merit: ADJUDICATION ISSUE NO. LE Plaintiff's First cause of action (Negligence) has no merit, because there is no evidence that NIBCO caused Plaintiff's asbestos-related injuries or that he was exposed to any asbestos-containing products manufactured, supplied, or distributed by NIBCO. ADJUDICATION ISSUE NO, 2: Plaintiff's Second cause of action (Strict Liability) has no merit, because there is no evidence that NIBCO caused Plaintiff's asbestos-related injuries or that he was exposed to any asbestos-containing products manufactured, supplied, or distributed by NIBCO, ADIUDICATION ISSUE NO. 3: , Plaintiffs Third Cause of Action (for False Representation) has no metit because there is no evidence that NIBCO caused Plaintiff's asbestos-related injuries or that he was exposed to any asbestos-containing products manufactured, supplied, sold by NIBCO; or that Plaintiff relied on any misrepresentations by NIBCO. ADJUDICATION ISSUE NO. 4 Plaintiff's claim and prayer for punitive damages has no merit, because there is no- evidence that NIBCO caused Plaintiff’s asbestos-related injuries, or that he was exposed to any asbestos-containing products manufactured, supplied, or distributed by NIBCO, or that there is any “clear and convincing evidence” that any of the conduct at issue concerning NIBCO’s conduct herein constitutes “malice,” “oppression,” or “fraud,” or “despicable conduct,” which is necessary to support such a claim. This motion is based upon this Notice; the accompanying Memorandum of Points and Authorities; the Declaration of Ken L. Hoang; and the Separate Statement of Undisputed Material Facts filed concurrently herewith, all files and pleadings in this 2 DEFENDANT NIBCO, INC.’/S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY MOTION FOR SUMMARY ADJUDICATION [C.C.P. §437c}BRYDON Hugo & PARKER 135 MAIN STREET 20" Foon San Francisco, CA 94405 action, and upon such further oral and documentary evidence or argument as may be presented at the hearing of this motion. Dated: June 22, 2010 By: 3 BRYDON HUGO & PARKER /s/ Ken L. Hoang " Edward R. Hugo Greg S. Rosse Ken L. Hoang Attorneys for Defendant NIBCO, INC. DEFENDANT NIBCO, INC’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY MOTION FOR SUMMARY ADJUDICATION [C.C.P. §437c}