Party Discovery: RUFUS ALEXANDER VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

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Gerdon & Rees LLP
Embarcadero Center West
275 Battery Street, Sure 2000
San Francisco, CA 941 E1

28

THBDIOS7 ORGRSIRTY A

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S. MIFCHELL KAPLAN (SBN: 95065)

CHRISTOPHER D. STRUNK (SBN: 214110) ELECTRONICALLY
BETHANY A. STAHLEY (SBN: 209421}

JAMES K. HOLDER (SBN: 267843) F I L E D
GORDON & REES LLP Superior Court of California,
Embarcadero Center West County of San Francisco
275 Battery Street, Suite 2000 OCT 22 2010
San Francisco, CA 941131 Clerk of the Court
Telephone: (415) 986-5900 BY: JUDITH NUNEZ
Facsimile: (415) 986-8054 Deputy Clerk

Atiorncys for Defendant
THE BUDD COMPANY

SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

RUFUS ALEXANDER, CASE NO. CGC-08-274719

NOTICE OF MOTION FOR AN
ORDER THAT MATTERS IN
REQUESTS FOR ADMISSIONS BE
DEEMED ADMITTED AND IMPOSING
TERMINATING SANCTIONS

Plaintiff,
v.

ASBESTOS DEFENDANTS (BP)
Accompanying Papers:
(1) Memorandum of Points and
Authorities;
(2) Declaration of James K, Holder;
(3) [Proposed] Order

Defendants

Date: November 18, 2010
Time: 9:30 am.

Dept.: 220

Judge: Hon. Hareld E. Kahn

Ne Ne ee Ned Se ee ae Ne! No Nt tS ne St

Trial Date: None set

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on Thursday, November 18, 2010, at 9:30 a.m. in
Department 220 of the Superior Court of the State of California, County of San Francisco,
located at 400 McAllister Street, San Francisco, California, defendant The Budd Company
Budd”) will move this Court for an Order that matters in Request For Admissions (Set One) be
deemed admitted by Plaintiff Rufus Alexander (“plaintiff”) and for terminating sanctions.

This motion is made pursuant to Code of Civil Procedure sections 2023 and 2033 on the
grounds that said discovery is relevant to the subject matter of this action, does not relate to

ale

NOTICE OF MOTION POR AN ORDER THAT MATTERS IN REQUESTS FOR ADMISSIONS BE DEEMED ADMITTED
AND IMPOSING MONETARY SACTIONSGordon & Rees LLP
Embarcadero Center West

275 Battery Street, Suite 2000
San Francisco, CA 94111

SDD te

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privileged matters, and plaintiffs’ refusal to provide verified responses is sanctionable.

This Motion is based on this Notice, the Memorandum of Points and Authorities, the
Declaration of James K. Holder, as well as all papers, records and other documentary evidence
on file, deemed to be on file, or may be submitted at the time this Motion is heard and oral

argument at the hearing on this Motion.

Dated: October 21, 2010 GORDON & REES LLP

By: Gp ie
JAMES kK. HOLDER

Attorneys for Defendant

THE BUDD COMPANY

-2-

NOTICE OF MOTION FOR AN ORDER THAT MATTERS IN REQUESTS FOR ADMISSIONS BE DEEMED ADMITTED
AND IMPOSING MONETARY SANCTIONSoO eC mW WOR YH BR wD om

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27

TDI HOST LoBe¥0.INg @

Rufus Alexander v. Asbestos Defendants (BP), et al.
San Francisco Superior Court Case No. CGC-08-274719
Our Client: The Budd Company

PROOF OF SERVICE

Tam a resident of the State of California, over the age of eighteen years, and noi a party
to the within action. My business address is: Gordon & Rees LLP, 275 Battcry Street, Suite
2000, San Francisco, CA 94111. On the date below, I served the document(s) described as
follows:

THE BUDD COMPANY’S NOTICE OF MOTION FOR AN ORDER THAT
MATTERS IN REQUESTS FOR ADMISSIONS BE DEEMED ADMITTED AND
IMPOSING TERMINATING SANCTIONS;

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF;
DECLARATION OF JAMES K. HOLDER;
PROPOSED ORDER

oO by having personally delivered via First Legal Support Services messenger the
document(s) listed above to the person(s) at the address(es) set forth below.

oO by placing true copy(ies} of the document(s) listed above enclosed in a sealed
envelope, at a station designated for collection and processing of envelopes and
packages for overnight delivery by FEDEX as part of the ordinary business practices
of Gordon & Rees LLP described below, addressed as follows:

by transmitting via FACSIMILE the document(s) listed above to the following:
by placing the document(s) listed above in a sealed envelope with postage thereon

fully prepaid, in UNITED STATES MAIL in the State of California, at San Francisco,
addressed as set forth below.

wo

lam readily familiar with the firm’s practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the US.
Postal Service on that same day with postage thereon fully prepaid in the ordinary
course of business. | am awarc 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 the
date of deposit for mailing in affidavit.

Rufus Alexander Plaintiff in Pro Per
In Pro Per

170 Cashmere Street, Apt. D

San Francisco, CA 94124

1 declare under penalty of perjury under the laws of the State of California that the above
is true and correct.

nian
, 1

Executed on October 21, 2010, at San Francisco; Califor

PROOF OF SERVICE