Request,Application: ANTHONY CONTE VS. ASBESTOS DEFENDANTS B*P AS REFLECTED ON REFLECTED et al

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                                Gordon & Rees LLP
10t West Broadway, Suite 2000

San Diego, CA 92101

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

K.C. SWISHER (SBN: 245238) ELECTRONICALLY

GORDON & REES LLP FILED

101 W. Broadway, Suite 2000 Superior Court of California,

San Diego, CA 92101 County of San Francisco

Telephone: (619) 696-6700 JUL 02 2010

Facsimile: (619) 696-7124 Clerk of the Court
BY: WILLIAM TRUPEK

Attorneys for Defendant Deputy Clerk

HENNESSY INDUSTRIES, INC.

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ANTHONY CONTE, CASE NO. CGC-09-275046

REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANT
HENNESSY INDUSTRIES, INC.’S
MOTION FOR JUDGMENT ON THE
PLEADINGS

Plaintiff,
vs.

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

DOES 1-8500; and SEE ATTACHED LIST. [Filed and served concurrently with

Notice of Motion and Motion for
Judgment on the Pleadings;
Memorandum of Points and Authorities;
Compendium of Foreign Authority;
Declaration of K.C. Swisher and Exhibits
Attached Thereto; and [Proposed] Order.]

Date: August 24, 2010
Time: 9:30 a.m.

Judge: Hon. Harold E. Kahn
Dept: 220

Complaint Filed: January 30, 2009
Trial date: March 14, 2011

TO THIS HONORABLE COURT, THE PARTIES AND THEIR RESPECTIVE

Nae Ne et ae Se ae Nae ele Sl See! at Nt Se! Sot Nee! et ee

ATTORNEYS OF RECORD:

Pursuant to Evidence Code sections 452(d) and 453, it is hereby respectfully requested
that the Court take judicial notice of the following documents on file within the Court herein:

i. The Brayton « Purcell Master Complaint for Personal Injury [Loss of|

Consortium] — Asbestos in the matter of Jn Re: Asbestos Cases of Brayton

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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT HENNESSY INDUSTRIES, INC.’S
MOTION FOR JUDGMENT ON THE PLEADINGSGordon & Rees LLP

101 West Broadway, Suite 2000
San Diego, CA 92101
BE

28

ERCHIAYS66342123777¥.1

Purcell y. Asbestos Defendants (BP), San Francisco County Superior Court Case
Number 828684. This document was filed with the Court on January 2, 2003. A
true and correct copy of this document is attached to the Declaration of K.C.
Swisher as Exhibit “A.”

The Complaint filed by Plaintiff in the instant matter, Conie v. Asbestos
Defendants {BP}, San Francisco Superior Court Case No. 275046. This document
was filed with the Court on January 30, 2009. It is the first operative pleading
filed by Plaintiff in this matter. A true and correct copy of this document is
attached to the Declaration of K.C. Swisher as Exhibit “B.”

The Honorable Harold E. Kahn’s Tentative Ruling (which was later adopted) of
May 10, 2010 regarding Defendant’s Motion for Judgment on the Pleadings in the
matter of Bettencourt v. Asbestos Defendants (BP), San Francisco County
Superior Court Case No. 454966. This document was posted on the Court’s
website on May 10, 2010. A true and correct copy of this document is attached to
the Declaration of K.C. Swisher as Exhibit “C.”

‘The Honorable Harold E. Kahn’s Order of May 11, 2010 granting Defendant’s
Motion for Judgment on the Pleadings in the matter of Bettencourt v. Asbestos
Defendants (BP), San Francisco County Superior Court Case No. 454966. This
document was filed by the Court on May 11, 2010. A true and correct copy of

this document is attached to the Declaration of K.C. Swisher as Exhibit “D.”

Dated: July 2, 2010 GORDON & REES LLP

]

By: ~ eo
Roger M. Mansukhani

Steven Sobel

K.C. Swisher

Attomeys for Defendant
HENNESSY INDUSTRIES, INC.

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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT HENNESSY INDUSTRIES, INC.’S

MOTION FOR JUDGMENT ON THE PLEADINGS