On June 05, 2007 a Motion,Ex Parte was filed involving a dispute between Tobey, Charles, and Abhi-Crockett, Inc., Albay Construction Company, All Asbestos Defendants-See Attached Documents, Allis-Chalmers Corporation Product Libility Trust, Asbestos Corporation Limited, Asbestos Corporation Ltd., Asbestos Defendants, A.W. Chesterton Company, Bayer Cropscience Inc., Bayer Cropscience, Inc., Successor To Amchem, Bechtel Corporation, Bucyrus International Inc, Cbs Corporation, A Delaware Corporation,, C.C. Moore & Co. Engineers, Cheveron Products Company, Chevron U.S.A. Inc., Chrysler Llc, Coltec Industries, Inc., Consolidated Insulation, Inc., Crown Cork & Seal Company, Inc., Csk Auto, Inc., Dillingham Construction N.A., Inc., Does 1-8500, Douglass Insulation Company, Inc., Durabla Manufacturing Company, Inc., E.I. Du Pont De Nemours And Company, Fluor Corporation, Foley-Pmi, Inc, Foley-Pmi, Inc., Ford Motor Company, Foster Wheeler Llc, Garlock Sealing Technologies, Llc, General Dynamics Corporation, General Electric Company, General Motors Corporation, Goodloe E. Moore, Inc., Hanson Permanente Cement, Inc., Honeywell International Inc.,Fka Alliedsignal,Inc., Hopeman Brothers, Inc., Intricon Corporation, J.T. Thorpe & Son, Inc., Kaiser Gypsum Company, Inc., Lamons Gasket Company, Metalclad Insulation Corporation, Metropolitan Life Insurance Company, Occidental Chemical Corporation, Oscar E. Erickson, Inc., Owens-Illinois, Inc., Pacific Gas And Electric Company, Parker-Hannifin Corp., Plant Insulation Company, Quintec Industries, Inc., Riley Power Inc., Riley Power, Inc., Santa Fe Braun, Inc., Scott Co. Of California, Sequoia Ventures Inc., Shell Oil Company, S.T.M. Automotive, Stm Automotive, Inc., The Dow Chemical Company, The Goodyear Tire & Rubber Company, The Lunkenheimer Company, Thermon Manufacturing Co., Thomas Dee Engineering Company, Unocal Corporation, Waldron Duffy Inc, Zurn Industries, Llc,, for civil in the District Court of San Francisco County.
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oo HN Do FF WN BS NON NN MY BBR Be RP we oe ew oe oe gO nN 8 FS OD @®@ NUN 2Aaep OHA GS BRYDON Huo & PARKER 135 Matin STREET 2G" FLOOR San Francisco, CA 99105, John R. Brydon [Bar No. 083365] George A. Otstott [Bar No. 184671] Thomas J. Moses [Bar No. 116002] Jann M. Noddin [Bar No. 196445] ELECTRONICALLY BRYDON HUGO & PARKER FILED ee Main Street, 20th Floor Superior Court of California, an rancisco, ounty of San Francisco Telephone: (415) 808-0300 JAN 14 2010 Facsimile: (415) 808-0333 GORDON PARK-LI, Clerk Attorneys for Defendant BY: ANNIE oe coauly 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-07-274276 Plaintiff, vs. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ASBESTOS DEFENDANTS (BP) MOTION FOR SUMMARY ADJUDICATION OF DEFENDANT BAYER Defendants. CROPSCIENCE, INC. [Filed concurrently with Notice of Motion; Memorandum of Points and Authorities in Sup ort; Declaration of Thomas J. Moses; and Proposed Order] 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 Pursuant to Code of Civil Procedure §437c, and Rule of Court 342, defendant BAYER CROPSCIENCE, INC. (“BAYER”), submits this Separate Statement of Undisputed Material Facts in support of its Motion for Summary Adjudication. Wt 1 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION O8 DEFENDANT BAYER CROPSCIENCE, INC,BR SEPARATE STATEMENT IN SUPPORT OF DANA COMPANIES LLC'S MOTION FOR SUMMARY ADJUDICATION ISSUEI PLAINTIFE’S CLAIM FOR FALSE REPRESENTATION FAULS SINCE PLAINTIFE CANNOT PROVE DEFENDANT ACTED INTENTIONALLY OR MADE A MISREPRESENTATION TO PLAINTIFF. Union Carbide’s Undisputed Material Plaintiff’s Response and Supporting Facts and Supporting Evidence Evidence H 1, BAYER served Special Interrogatories on Plaintiff and Special Interrogatory, No. 17 requests that Plaintiff state whether or not he has ever received an’ communication from BA’ - wo oN DF FF OD N RR o BAYER's Special Interrogatories to Plaintiff, Set One, attached to the Declaration of Thomas J. Moses (“Moses Decl.”), as Exhibit B, at 5:24-6:2. RP oe om oO N 2. Plaintiff’s response to Special 2. Interrogatory No. 17 offered no information to establish that Plaintiff ever had any communications with Union Carbide. Plaintiff's Response to BAYER's Special Interrogatories to Plaintiff, Set One attached as Exhibit C to the Moses Decl., at 9:1-5, Be oe Pp PF nN DT» 3. BAYER requested in its Special 3. Interrogatory, No. 23, that Plaintiff state all facts to support his false representation cause of action related to BAYER. N VY we Oo Exhibit B, at 6:18-21. 4. Plaintiff’s response to BAYER Special 4. Interrogatory, No. 23, referred to his 23 ||Zesponse to No. 2, which did not include any fact regarding a misrepresentation nor 94, ||include any facts Supporting Plaintiff's cause of action for false representation. ! 25 |/Exhibit C, at 11:11-12. 5. BAYER requested in its Special 5. Interrogatory, No. 24, that Plaintiff 27 | [identify all persons with knowledge to support his false representation cause of action related to BAYER. 2 BRYDON HUGO & PARKER SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION 20M FLOOR OF DEFENDANT BAYER CROPSCTENCE, INC. ‘San Francisco, CA 94105,mo OWN DBD Fe Ww N BF he co 1 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 BRYDON HUGO & PARKER 135 Ma Sracet 20" FLOOR San Francisco, CA 94205 Exhibit B, at 6:22-25. 6. Plaintiff's response to BAYER Special 6. Interrogatory, No. 24, seeing all persons with knowledge of false representation claims against BAYER, refers to his response to No. 2, which does not include any witness supporting Plaintiff's cause of action for false representation. Exhibit C, at 11:17-18. 7. BAYER requested in its Special 7. Interrogatory, No. 25, that Plaintiff identify all writings to support his false representation cause of action related to BAYER. Exhibit B, at 7:1-4. 8. Plaintiff's response to Special 8. Interrogatory, No. 25 seeking documents relevant to his claim against BAYER for false representation and only recites the same documents in support of his response to No. 5, which does not include any documents supporting Plaintiff's cause of action for false representation. Exhibit C, at 11:24-13:2. ISSUE IL PLAINTIFE’S CLAIM FOR PUNITIVE DAMAGES FAILS SINCE PLAINTIFF CANNOT PROVE DEFENDANT ACTED INTENTIONALLY, OR WITH OPPRESSION, FRAUD OR MALICE. Union Carbide’s Undisputed Material Plaintiff's Response and Supporting Facts and Supporting Evidence idence 9. BAYER requested, in its Special 9. Interrogatories, Set One, No. 19, that Plaintiff state all facts to support his claim for punitive damages against BAYER. Exhibit B, at 6:6-8. 10. Plaintiff’s response to BAYER Special 10. Interrogatories, Set One, No. 19 referred. to his response to No. 2, which does not include any facts regarding oppression fraud or malice, or provide any evidence that BAYER acted intentionally to harm plaintiff. Exhibit C, at 9:13-14. 3 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION OF DEFENDANT BAYER CROPSCIENCE, INC.1 2 ||Dated: January 14, 2010 BRYDON HUGO & PARKER 3 alt By: /s/ ‘Thomas J. Moses John R, Brydon 5 George A. Otstott Thomas J. Moses Jann M. Noddin 6 Attorneys for Defendant BAYER CROPSCIENCE, INC. successor to 7 AMCHEM PRODUCTS, INC. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 BRYDON HUGO & PARKER SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION 20" FLoOR OF DEFENDANT BAYER CROPSCIENCE, INC. Son Francisco, CA 94105