On December 17, 2010 a Order was filed involving a dispute between Ross, Jean, Ross, Robert, and Acco Engineered Systems, Inc., Advanced Mechanical, Advance Mechanical Contractors, Inc., Air Systems Mechanical Contractor, A & K Heating Company, Inc., Albay Construction Company, Allen-Simmons Heating & Sheet Metal Company Inc., Allied Fire Protection, Allied Sprinkler Company, Inc., Allsberry Mechanical Corporation, Anderson, Rowe & Buckley, Inc., Associated Insulation Of California, A. Teichert & Son, Inc., Balliet Bros. Construction Corporation, Banner Drywall & Painting Co. Inc., Barnes Construction Co., Bayer Cropscience Inc., Bayer Cropscience, Inc., Successor To Amchem, Bell Products Inc., Beta Mechanical Contractors, L.P., Bragg Investment Company, Inc., Cahill Construction Co., Inc., Cahill Construction Services, Inc., Cahill Contractors, Inc., California Drywall Co., Castro Construction, Inc., C.C. Moore & Co. Engineers, Cincinnati Valve Company, Cjr Plastering, Clausen-Patten, Inc., Clausen-Patten, Inc., A Dissolved Corporation, Climate Air, Inc., Climate Control Co., Inc., Collins Electrical Company, Inc., Commair Mechanical Services, Consolidated Insulation, Inc., Cosco Fire Protection, Inc., Cosco Sprinkler, Critchfield Mechanical, Inc., C & R Plastering, Inc., Csk Auto, Inc., Cupertino Electric, Inc., Delucchi Sheet Metal Works, Dilland Sederberg Plumbing, Does 1-8500, Domco Products Texas Inc., Domco Products Texas, L.P., Donovan Construction, Dorn Refrigeration, Dorn Refrigeration And Air Conditioning, Dpr Construction, Duro Dyne Corporation, D.W. Nicholson Corporation, D. Zelinsky & Sons, Inc., Emil J. Weber Electric Co., Erwin Mechanical Inc., Ex- Fme, Inc. (Fka Fischbach And Moore Electric,, Fairmont Hotel Company, Fluor Corporation, Foley Electric Co., Foley Electric, Inc., Fuller Floors, General Mills, Inc., Giampolini & Co., Graybar Electric Company, Inc., Hanson Permanente Cement, Inc. Formerly Known As, Harold Beasley Plumbing And Heating, Inc., Harry Lee Plumbing & Heating, H & C Investment Associates, Inc., Henry C. Beck Company, Imperial Plastering & Drywall, Insulation Specialties, Inc., James A. Nelson Co., Inc., Johnson Controls, Inc., Jones Plastering Company, Joseph Bruno Sheet Metal Co., Inc., J.T. Thorpe & Son, Inc., J.W. Mcclenahan Company, J.W. Mcclenahan Company, Inc., Kentile Floors, Inc., Laub Sheet Metal Works, Lone Star Industries, Inc., Mack Construction Co., Magee, Robert, Malm Metal Products, Inc., Marine Engineering And Supply Company, Marshco Auto Parts, Inc., Mattock Construction Company, Mcclure Electric, Inc., Metropolitan Life Insurance Company, Michael Brothers, Midstate Mechanical, Inc., Mitchell Bros. Truck Lines, Inc., Monsanto Company, Sued As "Pharmacia Corporation", Oakfabco, Inc., Ortho-Craft, Pacific Fireproofing, Pacific Mechanical Corporation, Parker Insulation Contracting & Supply Co. Inc., Perini Corporation, Pharmacia Corporation, Which Will Do Business In, Pribuss Engineering, Pribuss Engineering, Inc., Raymond Interior Systems-North, Red Top Electric Co. Emeryville, Inc., Robert Magee, Rollie R. French, Inc., Rollins Construction, Rountree Plumbing & Heating Inc., Scott Co. Of California, S F L, Inc., S.J. Amoroso Construction Co., Inc., Slakey Brothers, Inc., Sugden Engineering Co., Swinerton Builders, Temper Insulation, Temporary Plant Cleaners, Inc., Texaco, Inc., The Goodyear Tire & Rubber Company, The W.W. Henry Company, Tuttle And Bailey Corp, Van Mulder Sheetmetal, Van-Mulder Sheet Metal, Inc., Walnut Creek Sheet Metal, Furnace & Air, W.C. Thomason, W.C. Thompson, Webcor Builders, Inc., Westburne Supply, Inc., Willard Electric, Wright Schuchart Harbor, Wright Schuchart Harbor Company, Ross, Jean, Ross, Robert, for civil in the District Court of San Francisco County.
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oo 351260.1 1210.40020 Mark A. Love (SBN CA 162028) ELECTRONICALLY mlove@selmanlaw.com Richard M. Lee (SBN CA 187694) + eee rlee@selmanlaw.com County of San Francisco Kyle Clawson (SBN CA 303682) 10/06/2016 kclawson@selmanlaw.com Clerk of the Court SELMAN BREITMAN LLP BY:BOWMAN LIU 33 New Montgomery, Sixth Floor Deputy Clerk San Francisco, CA 94105-4537 Telephone: 415.979.0400 Facsimile: 415.979.2099 Attorneys for Intervenor FIREMAN'S FUND INSURANCE COMPANY, the insurer of Defendant ASSOCIATED INSULATION OF CALIFORNIA, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, Case No. CGC-10-275731 Plaintiff, ~ INTERVENOR FIREMAN'S FUND INSURANCE COMPANY, THE v. INSURER OF DEFENDANT ASSOCIATED INSULATION'S EX C.C, MOORE & CO. ENGINEERS, et al., PARTE APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE A Defendant. COMPLAINT IN INTERVENTION Date: October 11, 2016 Time: 11:00 a.m. Judge: Hon. Garrett L. Wong Dept.: 503 ASSOCIATED INSULATION OF CALIFORNIA, INC. ("ASSOCIATED INSULATION") is currently a suspended corporation by the Secretary of State. The California Franchise Tax Board does not even have any record of ASSOCIATED INSULATION. As such, ASSOCIATED INSULATION lacks the capacity to defend itself in this asbestos lawsuit filed against it, pursuant to Revenue & Taxation Code §23301. Fireman's Fund Insurance Company ("INTERVENOR"), pursuant to the terms 1 EX PARTE APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE A COMPLAINT IN INTERVENTION351260.1 1210,40020 of it respective insurance policy(ies) and solely in its capacity as an insurer of ASSOCIATED INSULATION, now seeks leave of court to file a Complaint in Intervention in this case in order to specifically name INTERVENOR as INTERVENOR FIREMAN'S FUND INSURANCE COMPANY, the insurer of Defendant ASSOCIATED INSULATION OF CALIFORNIA, INC. The purpose of INTERVENOR'S intervention is to contest ASSOCIATED INSULATION's alleged liability and the amount of damages, if any, alleged by Plaintiffs. INTERVENOR also requests that the Court deem that the complaint in intervention constitute the answer to Plaintiffs’ complaint against ASSOCIATED INSULATION and that the Court grant INTERVENOR leave to appear and defend ASSOCIATED INSULATION in this action in the name of ASSOCIATED INSULATION, pursuant to the terms of its respective insurance policy(ies) and solely in its capacities as insurer of ASSOCIATED INSULATION. Pursuant to this ex parte application, INTERVENOR hereby requests an order granting it leave to file a complaint in intervention in this case. INTERVENOR will suffer severe prejudice and will be irreparably harmed if it is deprived of the right to intervene in this case on behalf of ASSOCIATED INSULATION. Good cause exists for granting this ex parte application because ASSOCIATED INSULATION is prohibited from defending itself in this asbestos lawsuit. INTERVENOR and ASSOCIATED INSULATION will be severely prejudiced if INTERVENOR is not allowed to intervene on behalf of ASSOCIATED INSULATION in this case. //1 ‘1 //1 //1 //1 2 EX PARTE APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE A COMPLAINT IN INTERVENTION351260.1 1210.40020 This Ex Parte Application is based on the Declaration of Kyle Clawson, the Memorandum of Points and Authorities served and filed concurrently with this Application, and on the papers and records on file in this matter, and on such oral and documentary evidence as may be presented at the hearing on the application. DATED: October 6 _, 2016 SELMAN BREITMAN LLP . LOVE RICHARD M. LEE KYLE CLAWSON Attorneys for Intervenor FIREMAN'S FUND INSURANCE COMPANY, the insurer of Defendant ASSOCIATED INSULATION OF CALIFORNIA, INC. 3 EX PARTE APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE A COMPLAINT IN INTERVENTIONSelman Breitman LLP ATTORNEYS AT LAW 5 28 351148, PROOF OF SERVICE BY ELECTRONIC TRANSMISSION Robert Ross and Jean Ross v. C. C. Moore & Co. Engineers, et al. San Francisco Superior Court Case No, CGC-10-275731 Defendant: Intervenor Fireman's Fund Insurance Company, the insurer of Defendant Associated Insulation of California, Inc. 1 am employed in the County of San Francisco, State of California. I am over the age of 18 years and am not a party to the within action; my business address is 33 New Montgomery, Sixth Floor, San Francisco, CA, 94105. On October 6, 2016, I electronically served the document(s) via File & ServeXpress described as: INTERVENOR FIREMAN'S FUND INSURANCE COMPANY, THE INSURER OF DEFENDANT ASSOCIATED INSULATION'S EX PARTE APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE A COMPLAINT IN INTERVENTION on the recipients designated on the Transaction Receipt located on the File & ServeXpress website. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 6, 2016, at San Francisco, California. Reébécca Martin 1 PROOF OF SERVICE BY ELECTRONIC TRANSMISSION 1210.40020