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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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                                BRYDON
Huco & PARKER
135 MAIN STREET
20 FLOOR

Son Franeisco, CA 94105

Edward R. Hugo [Bar No. 124839]
Randall K. Bernard [Bar No. 181522]
Thomas J. Moses [Bar No. 116002]

BRYDON HUGO & PARKER ELECTRONICALLY
135 Main Street, 20th Floor FILED

San Francisco, CA 94105 Superior Court of California,
Telephone: (415) 808-0300 County of San Francisco
Facsimile: (415) 808-0333 DEC 10 2008
Attorney for Defendant GORDON FAR KL 1, Clerk
TOYOTA MOTOR SALES, USA, INC. Deputy Clerk

SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

RODRICK BRECKLER and [ASBESTOS]
JOANN BRECKLER, Case No. 274566
Plaintiff DEFENDANT TOYOTA MOTOR SALES,
SUE, USA, INC’S NOTICE OF MOTION AND
MOTION TO STRIKE

ve [Filed Concurrently With Memorandum Of

ASBESTOS DEFENDANTS (BP), etal. | 7oints And Authorities: Declaration of

Defendants. Date: January 9, 2009
Time: 9:30 a.m,
Dept. 302
Judge: Hon. Patrick J. Mahoney

Action Filed: March 12, 2008

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE THAT on January 9, 2009, at 9:30 a.m., or as soon
thereafter as the matter may be heard in Department 302 of the above-entitled Court,
located at 400 McAllister Street, San Francisco, CA 94102, Defendant TOYOTA MOTOR
SALES, USA, INC. (“Toyota”) will move the court to Strike the following as to Toyota
from the Complaint filed on March 12, 2008, by Plaintiffs RODRICK BRECKLER and
JOANN BRECKLER (“Plaintiffs”):

1 Plaintiffs’ Entire Complaint;

1

DEFENDANT TOYOTA MOTOR SALES, USA, INC.’S NOTICE OF MOTION
AND MOTION TO STRIKEOo wm YN DA HW BF WN =

N NM YB Se Se Se ee ee Be eS
RS RSRE RBH SS BR RFBEESHRH S

28

BRYDON
HuGo & PARKER
135 MAIN STREET
20" FLOOR
San Francisco, CA 94105,

2. Plaintiffs’ Claim for Punitive Damages.

Plaintiffs’ Complaint, and the Claim for Punitive Damages set forth therein, are
subject to a motion to strike, as the pleading and claim are irrelevant, false or improper
with regard to this Defendant (Code Civ. Proc., § 436(a)), or were not drawn or filed in
conformity with the laws of this state, a court rule, or an order of the court (Code Civ.
Proc., § 436(b)).

This motion is based upon this Notice of Motion and Motion to Strike; the attached
Memorandum of Points and Authorities; the accompanying Declaration of Thomas J.
Moses; the pleadings and other records on file in this action; and upon such other
documentary and oral evidence or argument as may be presented at or before the
hearing of this matter.

Dated: December 10, 2008 BRYDO

Ward R, Plug
Randall K. Bernard
Thomas J.
Attorneys f

TOYOTA M IR SALES, USA, INC.

2
DEFENDANT TOYOTA MOTOR SALES, USA, INC.’S NOTICE OF MOTION
AND MOTION TO STRIKEOo RI DH BW N

NON NM RP NN SB Ne ea ee
BNRRR BBR FS SESW RBESOHR HES

Breckler, Rodrick & Joann
San Francisco County Superior Court Case No. CGC-08-274566
LexisNexis Transaction No. 22802614

PROOF OF SERVICE

Tam a resident of the State of California, over the age of 18 years, and nota
party to the within action. My electronic notification address is
service@bhplaw.com and my business address is 135 Main Street, 20 Floor, San
Francisco, California 94105. On the date below, I served the following:

DEFENDANT TOYOTA MOTOR SALES, USA, INC.'S NOTICE OF MOTION
AND MOTION TO STRIKE

on the following:

BRAYTON PURCELL LLP (Novato) LexisNexis Service List
222 Rush Landing Road

Novato, CA 9494:

Fax: (415) 898-1247

X By transmitting electronically the document(s) listed above as set forth
on the electronic service list on this date before 5:00 p.m.

o By transmitting via facsimile the document(s) listed above to the fax
number(s) set forth above on this date before 5:00 p.m.

o By placing the document(s) listed above in a sealed envelope and placing
the envelope for collection and mailing on the date below following the
firm’s ordinary business practices. I am readily familiar with the firm’s
practice of collection and processing correspondence for mailing. Under
that practice it would be deposited with U.S. Postal service on the same
day with postage thereon fully prepaid at San Francisco, California in
the ordinary course of business. I am aware that on motion of 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.

eo By Placing, the document(s) listed above in a sealed envelope designated
for Federal Express overnight delivery and depositing same with fees
thereupon prepaid, in a facility regularly maintained by Federal Express,
addressed as set forth above.

o By causing personal delivery of the document(s) listed above to the
person(s) at the address(es) set forth above.

I declare under penalty of perjury that the above is true and correct.
Executed on December 10, 2008, at San Francisco, California.

Warde W. Loud ir

Wanda D. Claudio

1

PROOF OF SERVICE