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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 
						
                                
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Walsworth,
Franklin,
Bevins &

‘McCall, LLP

FLORENCE A. MCCLAIN, State Bar No. 203300

fincclain@wfbm.com GS. State B
ALLISON E. MULLINGS, State Bar No. 259128
amullings@wfbm.com ELECTRONICALLY
WALSWORTH, FRANKLIN, BEVINS & McCALL, LLP FILED
601 Montgomery Street, Ninth Floor Superior Court of California,
San Francisco, California 94111-2612 County of San Francisco
Telephone: (415) 781-7072 MAR 25 2011
Facsimile: (415) 391-6258 Clerk of the Court
BY: VANESSA WU
Attorneys for Defendants Deputy Clerk
CRANE SERVICE CORPORATION
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

RODRICK BRECKLER and JOANN Case No. CGC-08-274566
BRECKLER,

Judge: Hon. Harold E. Kahn

Plaintiffs, Dept: 220
Date: March 30, 2011
vs. Time: 9:30 a.m.

ASBESTOS DEFENDANTS, et al., DEFENDANT CRANE SERVICE

CORPORATION'S CONDITIONAL

Defendants. NON-OPPOSITION TO PLAINTIFFS'

MOTION FOR PREFERENTIAL TRIAL
SETTING

Complaint Filed: March 12, 2007

Defendant CRANE SERVICE CORPORATION (hereinafter “Crane Service Corp.”)
submits the following Conditional Non-Opposition to Plaintiffs Rodrick Breckler and Joann
Breckler’s (collectively “plaintiffs”) Motion for Preference Pursuant to Code of Civil Procedure
section 36(d) (“Preference Motion”).

Crane Service Corp. does not oppose plaintiffs’ Preference Motion as long as plaintiffs
comply with any and all general orders filed in San Francisco County Superior Court, including
General Order 140, which pertains to cases advanced for trial under Code of Civil Procedure
section 36, and on the condition that trial is not set sooner than 110 days from the date of the
hearing on the motion.

Specifically, Crane Service. Corp. requests that:

“le
DEF. CRANE SERVICE CORPORATION'S CONDITIONAL NON-OPPOSITION TO PLAINTIFFS’ MOTION
FOR PREFERENTIAL TRIAL SETTING

1189302.1
3780-3,.2140oO em IN DAW PB YW Ny

28

Watsworth,
Franklin,
Bevins &

McCall, LLP

ATTORNEYS ATLAW

1) Plaintiffs stipulate that this matter proceed under the provisions of General Order
140, and Crane Service Corp. requests that plaintiffs specifically stipulate that discovery remain
open until the date set for trial and that summary judgment motions be heard up to and including 15
days before the date set for trial on a 15-day notice period;

2) Discovery responses and witness information be provided on shortened time;

3) Plaintiff Rodrick Breckler’s deposition be concluded within 15 days of the date of|
the hearing; and

4) That any and all product identification witnesses and documents be identified as
against each and every defendant at least 45 days before trial.

Moreover, Crane Service Corp. opposes any request that this case be set for trial any sooner’
than 110 days from the date of the hearing on the motion. A trial set to occur sooner to 110 days
from the date of the hearing of this motion would deprive Crane Service Corp. of the reasonable
opportunity for discovery and pretrial preparation, and would violate due process of law. (Roe v.
Super. Ct. (Sheldon) (1990) 224 Cal. App. 3d 642, 643; Peters v. Super. Ct. (1989) 212 Cal. App.
3d 218, 227.) Crane Service Corp. makes this request on the grounds that significant medical
discovery needs to be conducted; plaintiff Rodrick Breckler’s deposition has not yet concluded;
and multiple liability and expert witnesses need to be deposed prior to trial.

In conclusion, Crane Service Corp. requests that the case be set for trial at least 110 days
from the Preference Motion hearing date to allow Crane Service Corp. the opportunity for
reasonable discovery and trial preparation. The requested period complies with the 120 day time
limitation set forth in Code of Civil Procedure section 36(f), while still affording plaintiffs an
expedited trial date.

Dated: March 24, 2011 WALSWORTHg FRANKLIN, BEVINS & McCALL, LLP

Attorneys for Defendant
CRANE SERVICE CORPORATION

2-
DEF. CRANE SERVICE CORPORATION'S CONDITIONAL NON-OPPOSITION TO PLAINTIFFS' MOTION
FOR PREFERENTIAL TRIAL SETTING

1189302.1
3780-3.2140oD Oo DY DH BF WN YH

NR YN YN NR NY DH Be ee ee ae
QA A BYU DH FEF Soe we A A A BF YW BH KH DS

28

Walsworth,
‘Franldin,
Bevins &

McCalt, LLP

ATTORSENS AT LAW

PROOF OF SERVICE

Jam employed in the County of San Francisco, State of California. I am over the age of 18
and not a party to the within action. My business address is 601 Montgomery Street, Ninth Floor,
San Francisco, California 94111-2612.

On March 24, 2011, I served the within document(s) described as:

DEFENDANT CRANE SERVICE CORPORATION'S CONDITIONAL NON-
OPPOSITION TO PLAINTIFFS' MOTION FOR PREFERENTIAL TRIAL SETTING

on the interested parties in this action as stated below:

Brayton Purcell LLP
222 Rush Landing Road
P.O. Box 6169

Novato, CA 94948

(BY ELECTRONIC FILING/SERVICE) I provided the document(s) listed above
electronically to the LexisNexis File & Serve Website to the parties on the Service List
maintained on the LexisNexis File & Serve Website for this case. If the document is
provided to LexisNexis electronically by 5:00 p.m., then the document will be deemed
served on the date that it was provided to LexisNexis. A copy of the "LexisNexis File &
Serve Filing Receipt" page will be maintained with the original document(s) in our office.

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

Executed on March 24, 2011, at San Francisco, California.

Melissa Stern fy f
(Type or print name) (Signature)

3.
DEF. CRANE SERVICE CORPORATION'S CONDITIONAL NON-OPPOSITION TO PLAINTIFFS' MOTION
FOR PREFERENTIAL TRIAL SETTING

1189302.1
3780-3.2140