On December 17, 2010 a Motion-Secondary 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.
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Preview
DAVID R. DONADIO, ESQ., S.B. #154436 NANCY T. WILLIAMS, ESQ., S.B. #201095 nwilliar aytonlaw.com BRAYTON®PURCELL LLP ELECTRONICALLY Attomeys at os i FILED 222 Rush Landing Roa ‘Califor Post ee 6169 a ccungoraun menemeot Novato, California 94948-6169 09/06/2016 (415) 898-1555 09 /( of 42 Court BY:ROMY RISK Attorneys for Plaintiffs Deputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, Plaintiffs, ASBESTOS No. CGC-10-275731 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR ORDER ADDING CASE TO OCTOBER 20, 2016 STATUS CONFERENCE vs. C.C. MOORE & CO. ENGINEERS; Defendants as Reflected on Exhibit | attached to the Summary Complaint eee herein; and DOES 1-8500. Date: September 7, 2016 Time: 11:00 a.m. Dept.: 503, The Hon. Garrett L. Wong Trial Date: N/A Action Filed: December 17, 2010 RELEVANT PROCEDURAL HISTORY Plaintiffs hereby apply to have case added to the October 20, 2016 Status Conference. Plaintiffs make this request based upon the good cause shown in the accompanying Declaration of Nancy T. Williams. Plaintiffs filed their survival/wrongful death action on December 17, 2010. On January 19, 2016 the matter was reported as resolved. The matter is currently scheduled for a January 5, 2017 Order to Show Cause hearing regarding dismissal of the action. On May 12, 2016, Intervenor Fireman’s Fund was granted leave to set aside default as to defaulted defendant Associated Insulation. Although no answer or Complaint in Intervention has| been filed by or on behalf of defendant Associated Insulation, plaintiffs anticipate the court will MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR ORDER ADDING CASE TO. OCTOBER 20, 2016 STATUS CONFERENCEallow Associated Insulation to proceed as an active defendant in some regard. To that end and to avoid further delay to plaintiffs’ having this matter resolved, plaintiffs request now that the action] be placed back on the court’s active calendar so it may be assigned a trial date as to plaintiffs’ claim against defendant Associated Insulation. MEMORANDUM OF POINTS AND AUTHORITIES Nothing in the California Code of Civil Procedure, California Rules of Court, or the local rules of this Court prevents this Court from assigning this case to a Status Conference. Furthermore, C.C.P. § 128 vests this Court with the discretion to grant plaintiffs’ requested relief} pursuant to the Court’s authority to control the proceedings before it. California Code of Civil Procedure § 128 provides: (a) Every court shall have the power to do all of the following: (3) To provide for the orderly conduct of proceedings before it, or its officers. Plaintiff asks that the case be added to the October 20, 2016 Status and Setting Conference so it can once again be set for trial and move toward resolution. Dated: September 6, 2016 BRAYTON“PURCELL LLP By: /s/ Nancy T, Williams Nancy T. Williams Attorneys for Plaintiffs MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR ORDER ADDING CASE TO. OCTOBER 20, 2016 STATUS CONFERENCE