arrow left
arrow right
  • 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 
						
                                
Preview

                                Gordon & Rees LLP

101 W. Broadway

Suite 2000
San Diego, CA 92101

ROGER M. MANSUKHANI (SBN: 164463)
STEVEN SOBEL (SBN: 177210)

MITCHELL B. MALACHOWSKI (SBN: 245595)

GORDON & REES LLP

101 West Broadway, Suite 2000
San Diego, CA 92101

Phone: (619) 696-6700

Fax: (619) 696-7124

Attorneys for Defendant
PACIFIC SCIENTIFIC CO.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

JUN 08 2011

Clerk of the Court
BY: RAYMOND K. WONG
Deputy Clerk

SUPERIOR COURT OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
CIVIC CENTER COURTHOUSE

RODRICK BRECKLER and
JOANN BRECKLER,

Plaintiffs,
vs.

ASBESTOS DEFENDANTS (BP) As
Reflected on Exhibits B, B-1, C, H, I; and

DOES 1-8500; and SEE ATTACHED LIST.

Ne ee Ne Ne Nt ee! et ee! i! tee! Sa! Sane Nae! ae! ee! Se ne! Sate! Sat ee?

“le

CASE NO. CGC-08-274566

DECLARATION OF ANN R.
STRAVALLE-SCHMIDT

IN SUPPORT OF PACIFIC
SCIENTIFIC CO.’S MOTION FOR
SUMMARY JUDGMENT, OR IN
THE ALTERNATIVE SUMMARY
ADJUDICATION

Filed & Served Together:

. Notice of Motion and Motion

. Memorandum of Points & Authorities

. Separate Statement of Undisputed Facts
. Declaration of Ann R. Stravalle-Schmidt
. Declaration of Mitchell Malachowski

. Request for Judicial Notice

Proposed Order

NAWURWN

Hearing:

Date: June 23, 2011

Time: 9:30am.

Dept.: Hon. Harold E. Kahn
Judge: 220

Filing date: March 12, 2008
Trial date: July 11, 2011

DECLARATION OF ANN R. STRAVALLE-SCHMIDT IN SUPPORT OF PACIFIC
SCIENTIFIC CO.’S MOTION FOR SUMMARY JUDGMENTGordon & Rees LLP

161 W. Broadway

Suite 2000
San Diego, CA 92101

InN Ww

DECLARATION OF ANN R. STRAVALLE-SCHMIDT

I, Ann R. Stravaile-Schmidt, declare as follows:

1. If called and swom as a witness, I could competently testify to the matters stated
in this declaration as being true and correct based upon my personal knowledge.

2. Iam, for the purposes of this declaration, the designated custodian of records of
Pacific Scientific, and have authority to certify records of Pacific Scientific.

3. A true and correct copy of the Asset Purchase Agreement dated July 4, 1977,
memorializing the sale of Pacific Scientific’s furnace division, in its entirety, to Sclas
Corporation of America in exchange for cash is attached as Exhibit A to this accompanying
appendix of exhibits.

4. This record was prepared by Pacific Scientific personnel in the ordinary course of
business at the time of the sale.

5. By the terms of the Asset Purchase Agreement, the sale of the furnace division
included the sale of all physical equipment associated with the furnace division, all intellectual
property associated with the furnace division except use of the name “Pacific Scientific
Company” or “PSCo,” all records relating to the furnace division, all under-construction and
completed furnaces held by the furnace division, and all accounts receivable associated with the
furnace division. (Sce Asset Purchase Agreement { 1a)

6. The Asset Purchase Agreement specified that after the sale of the furnace
division, Selas was authorized to do business under the name “Pacific Selas Co.” or any similar
name, use the name and logo “PSCo,” and label products with the phrase “formerly a division of
Pacific Scientific Company.” (See Asset Purchase Agreement J 3(k).)

7. It is the regular business practice of Pacific Scientific to preserve any records that
would demonstrate that Selas is a subsidiary, parent, or affiliate of Pacific Scientific.

8. There are no records that demonstrate that Selas is, or has ever been, a subsidiary,
parent, or affiliate of Pacific Scientific.

9, It is the regular business practice of Pacific Scientific to preserve any records that

‘it

De
DECLARATION OF ANN R, STRAVALLE-SCHMIDT IN SUPPORT OF PACIFIC
SCIENTIFIC CO.’S MOTION FOR SUMMARY JUDGMENToe WAH B® WN

3

il

DANPS/nESTSSIORIOT LI

would demonstrate that Pacific Scientific manufactured, marketed, distributed, or otherwise been
in the stream of commerce of industrial furnaces, or replacement parts associated therewith after
the sale of the furnace division to Selas in 1977.

10. There are no records that demonstrate that Pacific Scientific has manufactured,
marketed, distributed, or otherwise been in the stream of commerce of industrial furnaces, or
replacement parts associated therewith after the sale of the furnace division to Selas in 1977.

fl. It is the regular business practice of Pacific Scientific to preserve any records that
would demonstrate that Pacific Scientific ever made any sort of representation to the effect that
asbestos or asbestos-containing products are not harmful to human health, or that Pacific
Scientific took any action to suppress information regarding the effect of asbestos or asbestos-
containing products on human health.

12, There are no records that demonstrate that Pacific Scientific ever made any sort of
Tepresentation to the effect that asbestos or asbestos-containing products are not harmful to
human health, or that Pacific Scientific took any action to suppress information regarding the
effect of asbestos or asbestos-containing products on human health.

T declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed at__Zuala Fe WY

3.
DECLARATION OF ANN R. STRAVALLE-SCHMIDT IN SUPPORT OF PACIFIC
SCIENTIFIC CO.’S MOTION FOR SUMMARY JUDGMENT