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  • CHARLES TOBEY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al ASBESTOS document preview
  • CHARLES TOBEY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al ASBESTOS document preview
  • CHARLES TOBEY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al ASBESTOS document preview
  • CHARLES TOBEY VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS et al ASBESTOS document preview 
						
                                
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BRYDON

Huao & PARKER,
145 Mans Stes

San Francisco, CA 94105

John R. Brydon [Bar No. 083365]
George A. Otstott [Bar No. 184671]

Thomas J. Moses [Bar No. 116002]

Jann M. Noddin [Bar No. 196443] ELECTRONICALLY

BRYDON HUGO & PARKER FILED

135 Main Street, 20th Floor Superior Court of California,

San Francisco, CA 94105 County of San Francisco

Telephone: (415) 808-0300 JAN 14 2010

Facsimile: 3 808-0333 GORDON PARK-LI, Clerk
. BY: ANNIE PASCUAL

Attorneys for Defendant Deputy Clerk

BAYER CROPSCIENCE, INC, successor to
AMCHEM PRODUCTS, INC.

SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

CHARLES TOBEY, (ASBESTOS)
Case No. CGC-07-274226
Plaintiff,
vs. DEFENDANT BAYER CROPSCIENCE,
INC., SUCCESSOR TO AMCHEM
ASBESTOS DEFENDANTS (BP) PRODUCTS, INC.’S NOTICE OF MOTION
AND MOTION FOR SUMMARY
Defendants. ADJUDICATION

[Filed Concurrently with Su >porting
Memorandum of Points and uthorities;
Separate Statement of Undisputed Material
Facts; and Declaration of Thomas J. Moses]

Date: April 8, 2010
Time: 9:30 a.m.

Dept: 220

Judge: Hon. Harold Kahn

Complaint Filed: June 6, 2007; First
Amended Complaint: December 12, 2008
Trial Date: May 10, 2010

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:

PLEASE TAKE NOTICE that on April 8, 2010, at 9:30 a.m., or as soon thereafter as
the matter may be heard in Department 220 of the above Court, located at 400 McAllister
Street, San Francisco, California, or such other department as may be assigned of the
above-named Court, Defendant BAYER CROPSCIENCE, INC., successor to AMCHEM

1

NOTICE OF MOTION BY DEFENDANT BAYER CROPSCIENCE, INC., SUCCESSOR TO AMCHEM
PRODUCTS, INC., FOR SUMMARY ADJUDICATIONBRYDON

HUGO & PARKER
135 MaIN SreeeT
20" FLooR
Son Francisco, CA 94105

PRODUCTS, INC., (“BAYER”) will move the Court, pursuant to Code of Civil Procedure
§ 437c, for an order granting summary adjudication in its favor and against Plaintiff
CHARLES TOBEY (“Plaintiff”).
BAYER respectfully requests this Court to issue an order adjudicating that the
following issues and facts are established against plaintiff:
, Adjudication Issue No. 1: Plaintiff's Third Cause of Action for False
Representation has no merit, because there is no evidence that BAYER made any
representations to Plaintiff, or owed Plaintiff any duty to affirmatively disclose
information, or that Plaintiff was a consumer of a product for which BAYER is liable.
Adjudication Issue No. 2; Plaintiff's claim for punitive damages fails since
Plaintiff cannot prove BAYER acted intentionally, or with oppression, fraud or malice.
This motion is based upon this Notice; the accompanying Memorandum of Points
and Authorities; the Declaration of Thomas J. Moses; and the Separate Statement of
Undisputed Material Facts filed concurrently herewith, all files and pleadings in this
action, and upon such further oral and documentary evidence or argument as may be
presented at the hearing of this motion.
Dated: January 14, 2010 BRYDON HUGO & PARKER

By: — /s/ Thomas J. Moses
John R. Brydon
George A. Otstott
Thomas J. Moses
Jann M. Noddin
Attorneys for Defendant
BAYER CROPSCIENCE, INC,
successor to AMCHEM PRODUCTS,

2

NOTICE OF MOTION BY DEFENDANT BAYER CROPSCIENCE, INC., SUCCESSOR TO AMCHEM
PRODUCTS, INC., FOR SUMMARY ADJUDICATION