On July 01, 2008 a Party Discovery was filed involving a dispute between Alexander, Rufus, and Actuant Corporation, All Asbestos Defendants, American Honda Motor Co., Inc., Arvinmeritor, Inc., Erroneously Sued Herein As The, Asbestos Defendants, Bmw North America, Llc, Bmw Of North America, Llc, Bmw Of North America,Llc From The Third Cause Of, Borg-Warner Corp. By Its Sii Borgwarner Morse Tec, Bridgestone Firestone North American Tire, Llc,, Carlisle Corporation, Caterpillar Inc., Clark Equipment Company, Cummins Engine Company, Dana Companies, Llc (Erroneously Sued As Dana, Deere & Company, Designated Defense Counsel, Does 1-8500, Fiat Usa, Inc., Ford Motor Company, Gatke Corporation, A Bankrupt, Defunct, Dissolved, General Motors Corporation, Hennessy Industries, Inc., Honeywell International Inc., Lear Siegler Diversified Holdings Corp., Mack Trucks, Inc., Maremont Corporation, Nacco Materials Handling Group, Inc., Navistar, Inc., Formerly Known As International, Nissan Forklift Corporation, Nissan Motor Co., Ltd., Nissan North America, Inc., North America And Nissan Technical Center North, Plant Insulation Company, Pneumo Abex Llc Successor In Interest To Abex, The Budd Co., Toyota Motors Sales, U.S.A., Inc., for ASBESTOS in the District Court of San Francisco County.
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Preview
GABRIEL A. JACKSON, State Bar No. 98119 CATHERINE E. GOLDEN, State Bar No. 127694 CHRISTINE A. HUNTOON, State Bar No. 197339 JACKSON JENKINS RENSTROM LLP ELECTRONICALLY 55 Francisco Street, 6th Floor FILED San Francisco, CA 94133 Superior Court of California, Tel: 415.982.3600 County of San Francisco Fax: 415.982.3700 FEB 02 2011 Clerk of the Court Attorneys for Defendant BY: CHRISTLE ARRIOLA CUMMINS ENGINE COMPANY sued erroneously Deputy Clerk herein as CUMMINS INC. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA. IN AND FOR THE COUNTY OF SAN FRANCISCO RUFUS ALEXANDER, Case No. CGC-08-274719 Plaintiff, DEFENDANT CUMMINS’ NOTICE OF MOTION AND MOTION FOR ORDER v. COMPELLING RESPONSES TO FORM INTERROGATORIES, SPECIAL ASBESTOS DEFENDANTS (BP), et al. INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Defendants. AND HAVING SUBJECT MATTER OF REQUEST FOR ADMISSIONS DEEMED ADMITTED AND FOR SANCTIONS Hearing Date: March 2, 2011 Time: 9:00 a.m. Dept: 220 Judge: The Hon. Harold Kahn TO PLAINTIFF IN PROPIA PERSONA: NOTICE IS HEREBY GIVEN that on March 2, 2011, at 9:00 a.m., or as soon thereafter as the matter may be heard, in Department 220 of this Court, 400 McAllister Street, San Francisco, California, Defendant Cummins will, and hereby does, move for an order pursuant to Sections 2023.010, 2030.290, 2031.300 and 2033.280 of the California Code of Civil Procedure that Plaintiffs serve responses to Cummins’ Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, served April 29, 2010, and to have the subject matter of Cummins’ Requests for Admissions served April 29, 1906963 1 Notice of Motion in Support of Motion to Compel2010, be deemed admitted. Cummins will also move for imposition of discovery sanctions. The motion will be made on the grounds that the matters that are the subject of the requests specified above are relevant to the subject matter of this action, and that Plaintiffs’ responses have not been received. The motion is based on this Notice of Motion, the Memorandum of Points and Authorities, the Declaration of Christine A. Huntoon, and the copies of the discovery requests and correspondence attached as exhibits, on the records and files herein and such evidence as maybe be presented at the hearing of the motion. JACKSON JENKINS RENSTROM LLP Dated: February 2, 2011 By: /s/ CHRISTINE A. HUNTOON CHRISTINE A. HUNTOON Attorneys for Defendant CUMMINS ENGINE COMPANY sued erroneously herein as CUMMINS INC. 1906963 2 Notice of Motion in Support of Motion to CompelPROOF OF SERVICE I, Joyce I. Vialpando, declare: lam a citizen of the United States and employed in San Francisco County, California. 1 am over the age of eighteen years and not a party to the within-entitled action. My business address is 55 Francisco Street, 6th Floor, San Francisco, California 94133. On February 2, 2011, I served a copy of the within document(s): DEFENDANT CUMMINS’ NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING RESPONSES TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND HAVING SUBJECT MATTER OF REQUEST FOR ADMISSIONS DEEMED ADMITTED AND FOR SANCTIONS oO by transmitting via facsimile the document(s) listed above to the fax number(s) set ‘orth below on this date before 5:00 p.m. oO by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California addressed as set forth below. X by placing the document(s) listed above in a sealed OVERNIGHT envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a Delivery Service agent for delivery. oO by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. Rufus Alexander 170 Cashmere Street, Apartment D San Francisco, CA 94124 I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on February 2, 2011, at San Francisco, California. pl. ly Joyce I, Vialpando