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  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview 
						
                                
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                                BISHOP | BARRY | DRATH
A PROFESSIONAL CORPORATION
2000 Powell Street, Suite 1425, Emeryville, California 94608

Tel. No. (510) 596-0888 Facsimile (510) 596-0899

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BISHOP | BARRY | DRATH

MARY MARGARET RYAN. [SBN127828]
JOHN A. BURKE, [SBN 148385]

DAVID F. BEACH [94847]

2000 Powell Street, Suite 1425

Emeryville, California 94608

Telephone: (510) 596-0888

Faesimile: (510) 596-0899

Attorneys for Defendants
RUDOLPH AND SLETTEN, INC. and
REDWOOD PLUMBING, INC.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

JUL 20 2011
Clerk of the Court
BY: WILLIAM TRUPEK
Deputy Clerk

SUPERIOR COURT OF CALIFORNIA

COUNTY GF SAN FRANCISCO — UNLIMITED JURISDICTION

RODRICK AND JOANN BRECKLER,

Plaintiffs,
vs.

ASBESTOS DEFENDANTS (B*P), et al.,

Defendants.

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Case No. CGC 07-274566
MOTION IN LIMINE NO. 7

RUDOLPH AND SLETTEN, INC. AND
REDWOOD PLUMBING, INC.’S
AJGINDER IN CO-DEFENDANTS’
MOTIONS IN LIMINE AND
OPPOSITIONS TO PLAINTIFFS’
MOTIONS

Date: July 25, 2011
Time: 9:30 a.m.

Dept: 503

Hon. Teri L. Jackson

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RUDOLPH AND SLETTEN, INC. AND REDWOOD PLUMBING, INC’S JOINDER IN CG-DEFENDANT’S
MOTIONS IN LIMINE AND OPPOSITIONS TO PLAINTIFES' MOTIONS — MOTION IN LIMINE NO, 7BISHOP | BARRY | DRATH

A PROFESSIONAL CORPORATION

2000 Powell Street, Suite 1425, Emeryville, California 94608

Tel. No. (510) 596-0888 Facsimile (510) 596-0899

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I RELEVANT FACTS OF THE CASE

Plaintiff Rodrick Breckler (currently age 61) had worked as an automobile mechanic (for
a total of six years), a metal plating plant worker (for two years) and a facilities worker and
manager for an’ electromagnetic equipment/microcomputer product manufacturer (for about 27
years). Plaintiff Joann Breckler is Mr. Breckler’s third wife. They were married in 2006.

Jn his various employment, Mr. Breckler claims to have been exposed to numerous forms
of asbestos and asbestos containing products. He was diagnosed with kidney cancer in 2007 and
had his left kidney surgically removed. Plaintiff's doctors have reported that his kidney cancer
was slow growing, low grade (grade I on a scale of I to IV) carcinoma and are optimistic that
plaintiff is cured of cancer.

Despite having (1) an extensive cigarette smoking history (51 to 76 pack years), (2) being
morbidly obese (plaintiff is 5°3” tall, weighs 243 pounds in April, 2011 and has a 36.1 body mass
index), and (3) suffers from hypertension, plaintiff claims that his cancer is caused by his
exposure to asbestos and asbestos products. In his complaint, plaintiff alleges causes of action for
negligence, products liability, false representation and premises owner/contractor liability.

Mrs. Breckler cites causes of action for loss of consortium.

After unsuccessful atterapts at settlement, the parties have completed their extensive
discovery, This case is set to begin jury trial on July 18, 2011.
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2- UNMMRIBRECKLER MILS (rudolph & redwood)/MIL No, 7.400

RUDOLPH AND SLETTEN, INC. AND REDWOOD PLUMBING, INC.’S JOINDER IN CO-DEF! ENDANT’S.
MOTIONS IN LIMINE AND OPPOSITIONS TO PLAINTIFFS' MOTIONS ~ MOTION IN LIMINE NO,7ii. DISCUSSION

2 Defendants RUDOLPH AND SLETTEN, INC. (hereinafter “R&S”) and REDWOOD
3 | PLUMBING, INC. (hereinafter “RWP”) hereby reserves the right to join in any, or all of the
4 |. motions in limine, filed by all other defendants in this action, and in all oppositions to plaintiffs’
5 | motions in limine, filed or to be filed by said defendants. R&S and RWP hereby incorporate, by
6 || this joinder, said motions and oppositions as though fully set forth herein.
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8 DATED: July 19, 2011 BISHOP | BARRY | DRATH
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-3- USMMEABRECKLER MILS (rudolph & redwood)\MIL. No. 7.doc

RUDOLPH AND SLETTEN, INC. AND REDWOOD PLUMBING, INC.'S JOINDER IN CO-DEFENDANT’S
MOTIONS IN LIMINE AND OPPOSITIONS TO PLAINTIFES’ MOTIONS — MOTION IN LIMINE NO. 7BISHOP | BARRY | DRATH
APROFESSIONAL CORPORATION
2000 Powell Street, Suite 1425, Emeryville, California 94608

Tel. No. (510) 596-0888 Facsimile (510) 596-0899

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Breckler, Redrick and Joann v, Asbestos Defendants
San Francisco Superior Court Action No.CGC-08-274566

PROOF OF SERVICE BY LEXIS NEXIS

I, the undersigned, certify that | am employed in the County of Alameda, State of
California, that 1 am over the age of eighteen years and not a party to the within action. My
business address is Bishop | BARRY | DRATH, 2000 Powell Street, Suite 1425, Emeryville,
California 94608. My electronic address is «Professional Internet E-mail: Type User».

On the date below written I served the following document(s):

1, RUDOLPH AND SLETTEN, INC. AND REDWOOD PLUMBING, INC.’S JOINDER
IN CO-DEFENDANTS’ MOTIONS IN LIMINE AND OPPOSITIONS TO PLAINTIFFS’
MOTIONS — MOTION IN LIMINE NO. 7

by transmitting a true copy to:
*** All Counsel on Lexis Nexis Service List*** in the following manner:

By uploading a true copy(ies) thereof with service and/or notification pursuant to the
service list as maintained by the CourtLink eFile system:

(X) (By LEXIS/NEXIS File & Serve, fka CourtLink eFile)) I caused such document to be
electronically uploaded into the LexisNexis File & Serve system.
(http://www.lexisnexis.com/courtlink/) pursuant to Court Order on the date listed below.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct to the best of my knowledge.

This declaration was executed on July 20, 2011, at Emeryville, California.

ROSITA GARAY ; ]

-4- {hb HPDats\ProteuDocumentsiRudoiph and Sletten, Inc. 271)271-2804112895 doo

RUDOLPH AND SLETTEN, INC. AND REDWOOD PLUMBING, INC,’S JOINDER IN CO-DEFENDANT'S
MOTIONS IN LEMINE AND OPPOSITIONS TO PLAINTIFFS’ MOTIONS — MOTION IN LIMINE NO. 7