arrow left
arrow right
  • 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 
						
                                
Preview

                                ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address):
MADELINE L. BUTY [SBN 157186]
[BUTY & CURLIANO LLP
555 - 12th Street, Suite 1280
Oakland, CA 94607
TELEPHONE NO: (510) 267-3000 FAXNO.(Ontene¥'5 10) 267-0117
E-MAIL ADDRESS (Optional):

CIV-130

ATTORNEY FOR (Nemey Defendant CRITCHFIELD MECHANICAL, INC.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS:
MAILING ADDRESS: 40) McAllister Street
crTy ano ZIP CODE: San Francisco 94102
BRANCH NAME:

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

FOR COURT USE ONLY

ELECTRONICALLY
FILED

Superior Court of California,

County of San Francigco

SEP 25 201

Clerk of the Cou
BY: ALISON AGBAY

Deputy Clerk

NOTICE OF ENTRY OF JUDGMENT
OR ORDER

(Check one); CZ] uNuimitepcase [__] LIMITED CASE
(Amount demanded (Amount demanded was

exceeded $25,000) $25,000 or less)

‘GASE NUMBER:

CGC-10-275731

TO ALL PARTIES :

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

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

Date: September 24, 2013
MADELINE L. BUTY

> Whi lenek:

PARTY WITHOUT ATTORNEY)

(TYPE OR PRINT NAME OF = [_y] ATTORNEY

(SIGNATURE)

Page 1 0f2

ware. courinta.ca.gov

Form Approved for Optional Use
“Judicial Council of California
Clv-430 (New January 1, 2010)

NOTICE OF ENTRY OF JUDGMENT OR ORDERClv-4

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.)

41. lam 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 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, it is
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 code: State and zip code:

[7] Names and addresses of additional persons served are attached. (You may use form POS-030(P).)
5. Number of pages attached

I declare under penalty of perjury under the laws of the State of Californi it the foregoing is true and co:

Date: September 24, 2013

Regan Balinton
(TYPE OR PRINT NAME OF DECLARANT)

(SIGNATURE GF DECLARANT}

Page Zof2

(C1130 [New January 1, 2010] NOTICE OF ENTRY OF JUDGMENT OR ORDERAUG 23 2013

ce NI KD A RB WD me

RNR w Ne _ a
Ss ®& 8S Sa rwiaurounaes

we
a

wv
SRG

28

UT gCURUANO LA
$55~ 12" STREET r

‘ont

LAND, CA 04607
0.287.000

MADELINE L. BUTY [SBN 157186]

GEORGE S. SULLIVAN [SBN 187793]
BUTY & ,CURLIANO LLP F
— 12" Street, Suite 1280 in Francisco County Su;
Oakland, CA 94607 iy Siero Court
Tel: —510.267,3000 . . SEP 2 0 2013
Fax: : cbaibatyour -  g
Email: utycurliano.com 4
jeullivan@butycurliano.com BY: OF THE COURT
eputy Clerk

Attorneys for Defendant
CRITCHFIELD MECHANICAL, INC.

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

ROBERT ROSS and JEAN ROSS, No. CGC-10-275731
Plaintiffs, d| JUDGMENT FOR
DEFENDANT CRITCHFIELD
vy. MECHANICAL, INC.

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

Defendants.

JUDGMENT IS ENTERED in favor of defendant Critchfield Mechanical, Inc. and against

plaintiffs Robert Ross and Jean Ross as to all claims in accordance with the Order Granting
Defendant Critchfield Mechanical, Inc.’s Motion for Summary Judgment filed on May 30, 2013,

which is attached as Exhibit A.
Plaintiffs receive nothing from defendant Critchtfield Mechanical, Inc., and defendant

Critclifield Mechanical, Inc. will recover costs in an amount of according to ,
DATED:
SEP 2.0 208 JUDGE OF THE SUPERIOR COURTHg
TERI L. JACKSON

—YeRorosin], JUDGMENT FOR CRITCHFIELD MECHANICAL, INC,EXHIBIT Aew eS YN A HW BRB WwW NH

NN Se Be Be Fe ee me
PBsxenraatransets

MADELINE L, BUTY [SBN 157186]

GBORGE 8, SULLIVAN [SBN 187793]
si pie ae Fleet

- treet, Suite 121 Son Francisco 6 ‘
Galland, California 94607 ee ee rant
Tel: 510.267.3000 . MAY 30 2013

Fax: 510,267,0117

Email; mib@butycurliano.com
jou Se o.com oo ag

Attomeys for Defendant
CRITCHFIELD MECHANICAL, INC,

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

No, CGC-10-275731

DEFENDANT CRITCHFIELD
MECHANICAL, INC.’S-PROPOSED-
ORDER GRANTING MOTION FOR
SUMMARY JUDGMENT

ROBERT ROSS and JEAN ROSS,

Plaintiffs,
Vv

C.C, MOORE & CO. ENGINEERS; et al.,
Defendants. May 30, 2013

9:30 am.

Dept: 503

Trial: June 10, 2013

a tN td Nd Nat a a at a a a a

—

Defendant CRITCHFILED MECHANICAL, INC.’s Motion for Summary Judgment came
on for heating on May 30, 2013 in Department 503 of the above-entitled court before The
Honorable Teri L, Jackson. Counsel for plaintiffs and defendant CRITCHFILED MECHANICAL,
INC. 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 as follows:
1
DEFENDANT CRITCHFIELD MECHANICAL, INC.S PROPOSED-ORDER
GRANTING MOTION FOR SUMMARY JUDGMENTei
Auer © NY KF @

28

maga
wines

CO BDA HW RF WY

Be |

|

Defendant Critchfield Mechanical, Inc.’s motion for summary judgment is granted.
Defendant sustained its initial burden. Plaintiffs failed to submit evidence creating a triable issue
whether defendant breached a duty owed to Mr, Ross, 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 croating 2 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 (ie. asbestos) and
exceeded the dust count acceptable under the 1955 GISOs, Defendant’s objections to Dr. Cohen’s
declaration are sustained. Plaintiffs have dismissed their strict liability cause of action.

IT IS SO ORDERED

MAY 30 2018 TERIL. JACKSON

DATED:
HONORABLE TERI L. JACKSON

Judge of the Superior Court

2

DEFENDANT CRITCHFIELD MECHANICAL, INC.’S FROPOSED ORDER
GRANTING MOTION FOR SUMMARY JUDGMENT