On July 07, 2008 a
Hearing
was filed
involving a dispute between
Koshes, Veda,
and
All Asbests Defts,
Allis-Chalmers Corporation Product Liability Trust,
Asbestos Defendants,
Cbs Corporation, A Delaware Corporation, F K A,
Does 1-8500,
General Dynamics Corp.,
J. T. Thorpe & Son, Inc.,
Plant Insulation Company,
Riley Power Inc.,
Riley Power Inc., (Erroneously Sued As Alternate,
Thomas Dee Engineering Company,
for civil
in the District Court of San Francisco County.
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Stephen J. Foley, Esq. | SBN 220752
Lori A. Cataldo, Esq. SBN 218533
Lisa H. Mahl, Esq. SBN 248911
Foley & Mansfield P.L.L.P.
1111 Broadway, 10" Floor
Oakland, CA_ 94607
Telephone: (510} 590-9500
Facsimile: (510) 590-9595
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
JAN 28 2009
GORDON PARK-LI, Clerk
BY: WILLIAM TRUPEK
Attorneys for Defendant Deputy Clerk
RILEY POWER INC.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
VEDA KOSHES, as Wrongful Death Heir,
and as Successor-in-Interest to FRANK
JOSEPH KOSHES, Deceased,
Case No. CGC-08-274728
“Asbestos-Related Case”
Plaintiff,
DEFENDANT RILEY POWER INC.’S
vs. NOTICE OF MOTION AND MOTION TO
STRIKE PLAINTIFF’S COMPLAINT
ASBESTOS DEFEDANTS, et al.
Date: February 25, 2009
Defendants. Time: 9:30 am
Dept.: 302
Judge: Hon. Charlotte Woolard
Case Filed: July 7, 2008
Trial Date: TBD
TO PLAINTIFF AND HIS ATTORNEYS OF RECORD HEREIN:
PLEASE TAKE NOTICE that on February 25, 2009 at 9:30 a.m. or as soon thereafter as the
matter may be heard in Department 302 of the above-entitled Court located at 400 McAllister Street,
San Francisco, CA, defendant RILEY POWER INC. (hereafter “Riley”) will, and hereby does, move the
Court for an order striking the following as to Riley from Plaintiff's Complaint:
L Plaintiff's Claim for Negligence- Survival;
2. Plaintiff's claim for Strict Liability- Survival and
3. Plaintiff's Claim for Punitive Damages.
1
DEFENDANT RILEY POWER INC.’S NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF’S COMPLAINTee NUN DA A RF WN
DOM BR RN NO Reheat et
oe QA A & YW YN * S&S oe WDA AH RF WwW NY He S
This motion is based upon this notice, the attached Memorandum of Points and Authorities, the
papers and pleadings on file in this matter and on such further oral and/or documentary evidence as may
be presented at or before hearing on this Motion.
Dated: January 2% , 2009 FOLEY & MANSFIELD, P.L.LP.
BY: hin WoW Aa
Stephen J. Foley
Lori A. Cataldo
Lisa H. Mahl
Attorneys for Defendant
RILEY POWER INC.
2
DEFENDANT RILEY POWER INC.’S NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF’S COMPLAINT
Document Filed Date
January 28, 2009
Case Filing Date
July 07, 2008
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eC em ND HN eke WY Ye he oS i n 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 Stephen J. Foley, Esq. | SBN 220752 Lori A. Cataldo, Esq. SBN 218533 Lisa H. Mahl, Esq. SBN 248911 Foley & Mansfield P.L.L.P. 1111 Broadway, 10" Floor Oakland, CA_ 94607 Telephone: (510} 590-9500 Facsimile: (510) 590-9595 ELECTRONICALLY FILED Superior Court of California, County of San Francisco JAN 28 2009 GORDON PARK-LI, Clerk BY: WILLIAM TRUPEK Attorneys for Defendant Deputy Clerk RILEY POWER INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO VEDA KOSHES, as Wrongful Death Heir, and as Successor-in-Interest to FRANK JOSEPH KOSHES, Deceased, Case No. CGC-08-274728 “Asbestos-Related Case” Plaintiff, DEFENDANT RILEY POWER INC.’S vs. NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF’S COMPLAINT ASBESTOS DEFEDANTS, et al. Date: February 25, 2009 Defendants. Time: 9:30 am Dept.: 302 Judge: Hon. Charlotte Woolard Case Filed: July 7, 2008 Trial Date: TBD TO PLAINTIFF AND HIS ATTORNEYS OF RECORD HEREIN: PLEASE TAKE NOTICE that on February 25, 2009 at 9:30 a.m. or as soon thereafter as the matter may be heard in Department 302 of the above-entitled Court located at 400 McAllister Street, San Francisco, CA, defendant RILEY POWER INC. (hereafter “Riley”) will, and hereby does, move the Court for an order striking the following as to Riley from Plaintiff's Complaint: L Plaintiff's Claim for Negligence- Survival; 2. Plaintiff's claim for Strict Liability- Survival and 3. Plaintiff's Claim for Punitive Damages. 1 DEFENDANT RILEY POWER INC.’S NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF’S COMPLAINTee NUN DA A RF WN DOM BR RN NO Reheat et oe QA A & YW YN * S&S oe WDA AH RF WwW NY He S This motion is based upon this notice, the attached Memorandum of Points and Authorities, the papers and pleadings on file in this matter and on such further oral and/or documentary evidence as may be presented at or before hearing on this Motion. Dated: January 2% , 2009 FOLEY & MANSFIELD, P.L.LP. BY: hin WoW Aa Stephen J. Foley Lori A. Cataldo Lisa H. Mahl Attorneys for Defendant RILEY POWER INC. 2 DEFENDANT RILEY POWER INC.’S NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF’S COMPLAINT