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  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview 
						
                                
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                                CIV-130

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)
JASON J. CURLIANO [SBN 167509]
[BUTY & CURLIANO LLP
555 - 12th Street, Suite 1280
Oakland, CA 94607

TELEPHONE NO: (510) 267-3000 FAXNO. (Optional 1) 267-0117
E-MAIL ADDRESS (Optional

ATTORNEY FOR Wames HAROLD BEASLEY PLUMBING & HEATING

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS:
malLinG ADoRESs: 40) McAllister Street

ciTy ANDZiP CODE: San Francisco 94102
BRANCH NAME:

PLAINTIFF/PETIFIONER: ROBERT ROSS
DEFENDANT/RESPONDENT: C.C. MOORE & CO, ENGINEERS

FOR COURT USE ONLY

ELECTRONICALLY
FILED

Superior Court of Califoinia,
County of San Francisto

SEP 25 201

Clerk of the Cou
BY: RAYMOND K. WONIG
Deputy |Clerk

NOTICE OF ENTRY OF JUDGMENT
OR ORDER

(Check one): Y | UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded was
exceeded $25,000) $25,000 or less)

CASE NUMBER:

CGC-10-275731

TO ALL PARTIES :

4. A judgment, decree, or order was entered in this action on (date): September 20, 2013

2. A copy of the judgment, decree, or order is attached to this notice,

Date: September 24, 2013
JASON J. CURLIANO >

(WPEOR PRINTNAME OF [YJ ATTORNEY [__] PARTY WITHOUT ATTORNEY)

(SIGNATURE)

Page 4 of 2

Form Approved for Optional Use

Judicial Counell of California NOTICE OF ENTRY OF JUDGMENT OR ORDER

Clv-180 [New January 1, 2010]

warn. courtnto.ca.gov(CASE NUMBER:

PLAINTIFF/PETITIONER; ROBERT ROSS
CGC-10-275731

DEFENDANT/RESPONDENT: C.C. MOORE & CO. ENGINEERS

PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF ENTRY OF JUDGMENT OR ORDER

(NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served
the notice must complete this proof of service.)

1. | am at least 18 years old and not a party to this action. | am a resident of or employed in the county where the mailing took
place, and my residence or business address is (specify): 555 - 12th Street, Suite 1280, Oakland, CA 94607

2. | served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage

fully prepaid and (check one):

a CJ deposited the sealed envelope with the United States Postal Service.

b. [¥_] placed the sealed envelope for collection and processing for mailing, following this business's usual practices,
with which | am readily familiar. On the same day correspondence is placed for collection and mailing, itis
deposited in the ordinary course of business with the United States Postal Service.

3. The Notice of Entry of Judgment or Order was mailed:
a. on (date): September 24, 2013

b, from (city and state); Oakland, CA

4. The envelope was addressed and mailed as follows:

a. Name of person served: c. Name of person served:
Brayton Purcell
Street address: 222 Rush Landing Road Street address:
City: Novato City:
State and zip code: CA 94945 State and zip code:
b. Name of person served: d. Name of person served:
Street address: Street address:
City: City:
State and zip cade: State and zip code:

Names and addresses of additional persons served are attached. (You may use form POS-030(P).)

5. Number of pages attached

| declare under penalty of perjury under the laws of the State of California/that the foregoing is trup and

rect.
Date: September 24, 2013 .
. fh
Regan Balinton

(TYPE OR PRINT NAME OF DECLARANT} (SIGNATURE OF DECLARANT)

Page 2 of 2

CiV-190 (New January 1, 2040] NOTICE OF ENTRY OF JUDGMENT OR ORDERCo ew ND Ww RF WN

Boy NNN NN ND Se e _ es
SRR BESSH SEaeaTAaA ARBRE S

28

avry souguANoU?
Bessemer

‘OAKLAND, Ga 4007

'640.287,3000

JASON J. CURLIANO [SBN 167509]
GEORGE S. SULLIVAN [SBN 187793]

BUTY & CURLIANO LLP
555-12" Street, Suite 1280 San Francisco County Superior Court
Oakland, CA 94607
Tel: 510.267.3000 SEP 2 0 2013
Fax; 510.267.0117
Email: mlb@butycurliano.com CL F THE COURT
jsullivan@butycurliano.com. RY
eputy Clerk
Attorneys for Defendant

HAROLD BEASLEY PLUMBING & HEATING, INC,

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

ROBERT ROSS and JEAN ROSS, ) No. CGC-10-275731
Plaintiffs, - } Baapeea 30 IDGMENT FOR
DEFENDANT HAROLD BEASLEY
ve PLUMBING & HEATING, INC.
C.C. MOORE & CO. ENGINEERS, ef al., }
Defendants. }

JUDGMENT IS ENTERED in favor of defendant Harold Beasley Plumbing & Heating, Inc.
and against plaintiffs Robert Ross and Jean Ross as to alf claims in accordance with the Order
Granting Defendant Harold Beasley Plumbing & Heating, Inc.’s Motion for Summary Judgment
filed on May 8, 2013, which is attached as Exhibit A.

Plaintiffs receive nothing from defendant Harold Beasley Plumbing & Heating, inc, and
defendant Harold Beasley Plumbing & Heating, Inc. will recover costs in an amount of according

to proof.

DATED: "gp 9.9 2013

TERI L. JACKSON

YenoroseD}JUDGMENT ¥OR HAROLD BEASLEY PLUMBING & HEATING, INC.EXHIBIT AI

nN

28

sanguin
ore are

Sop fet
oni aga

|

} JASON J. CURLIANO [SBN 167509]

GEORGE §. SULLIVAN [SBN 187793] f
BT RON U EEE Bo cam
— 12" Street, Suite oe i superior
Galland, California 94607 gan Prandlsdo Gounty SP
Tel: $10.267-3000 vAY 08 2013
‘ax: 510.267. : -

Email: jasone@butycurliano.com GLERK OF THE COURT
jsultivan@butycurliano.com By —SHULIE ROGUE aa

Attorneys for Defendant

HAROLD BEASLEY PLUMBING & HEATING, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION

ROBERT ROSS and JEAN ROSS, No. CGC-0-275731
Plaintiffs, ORDER GRANTING DEFENDANT
HAROLD BEASLEY PLUMBING &
w HEATING, INC.’S MOTION FOR
SUMMARY JUDGMENT

C.C, MOORE & CO. ENGINEERS; et al.,
Defendants,

Ne Nee ee ee ee ee ee ee ee

Defendant HAROLD BEASLEY PLUMBING & HEATING, INC,'s Motion for Summary
Judgment came ‘on for hearing on May 8,2013 in Department 503 of the above-entitled court
before The Honorable Teri L. Jackson.

Counsel for plaintifi's and defendant HAROLD BEASLEY PLUMBING & HEATING,
[NC.appeared. After full consideration of the papers filed in support and in opposition to this

motion for summary judgment, and oral argument, the Court adopts its tentative ruling and hereby

orders:
1
ORDER GRANTING DEFENDANT HAROLD BEASLEY PLUMBING & HEATING, INC.’S MOTION FOR
SUMMARY JUDGMENTcmH AH Bw wD w

S

i

Defendant sustained its initial burden, Plaintiffs failed to submit evidence creating a triable
issue whether defendant owed a duty to plaintiff, a non-employee. Specifically, plaintiffs failed to
submit evidence creating a triable issue whether defendant knew or should have known that the
products or materials to which it exposed Mr. Ross contained asbestos. Even accepting plaintiffs’
argument that the duty was created pursuant to the 1955 General Industry Safety Orders (GISOs),
plaintiffs failed to submit evidence creating a triable issue whether defendant knew or should have
known that the products or materials allegedly disturbed and/or used by defendant’s employees in
Mr, Ross’ presence, who was a non-employee, were hazardous (i.e. asbestos) and exceeded the dust
count acceptable under the 1955 GISOs, Defendant’s objections to Dr. Cohen’s declaration are

sustained,
IT IS SO ORDERED
TERI L. JACKSON
DATED: way 08 2013 HONORABLE TERIL, JACKSON
Judge of the Superior Court

2
ORDER GRANTING DEFENDANT HAROLD BEASLEY PLUMBING & HEATING, INC.’S MOTION FOR
SUMMARY JUDGMENT