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.
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BRAYTON*PURCELL LLP ATTORNEYS AT LAW 222 RUSH LANDING ROAD PO BOX 6169 NOVATO, CALIFORNEA 94948-6169 4415) 808-1585 oem NY KD A BY 10 ALAN R. BRAYTON, ESQ., 8.B. #73685 DAVID R. DONADIO, ESQ., S.B. #154436 JENNIFER L ALESIO, ESQ., S.B. #258413 ELECTRONICALLY BRAYTON#PURCELL LLP Attorneys at Law FILED 222 Rush Landing Road P.O. Box 6169 Superior Court of California, County of San Francisco Novato, California 94948-6169 APR 25 2013 (415) 898-1555 Clerk of the Court Tentative Ruling Contest Email: contestasbestasTR@braytonlaw,com BY: ALISON AGBAY Deputy Clerk Attomeys for Plaintiffs SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBERT ROSS, ) ASBESTOS ) No. CGC-10-275731 Plaintiffs, ) ) PLAINTIFFS’ SEPARATE STATEMENT Vs. ) OF DISPUTED MATERIAL FACTS IN ) OPPOSITION TO DEFENDANT C.C. MOORE & CO. ENGINEERS; ) ANDERSON, ROWE & BUCKLEY, Defendants as Reflected on Exhibit [, ) INC.’S MOTION FOR SUMMARY Exhibit H, Exhibit I; attached to the ) JUDGMENT Summary Complaint herein; and DOES ) 1-8500. ) Date: May 9, 2013 Time: 9:30 a.m. Dept: 503, Hon. Teri L. Jackson Trial Date: June 10, 2013 Action Filed: December 17, 2010 Pursuant to California Code of Civil Procedure § 437¢(b), plaintiffs submit the following Separate Statement of Disputed Material Facts in Opposition to Defendant ANDERSON, ROWE & BUCKLEY, INC.’s Motion for Summary Judgment. PLAINTIFFS' DISPUTED MATERIAL FACTS SUPPORTING EVIDENCE 1. David Schwartz, M.D. reviewed medical 1. Declaration of David Schwartz, M.D., records from the plaintiff, ROBERT ROSS, attached as Exhibit A to the Alesio including his pathology and radiology Declaration, at § 7. reports, and including pulmonologist Alvin J. Schonfeld, M.D.’'s report dated September 16, 2009. Dr. Schwartz conclude that Mr. ROSS has asbestosis, as well as has developed colon cancer which set lsat ARSB. wpe 1 LA ARATE STATEMENT OF DISPUTED MATERIAL FACTS IN OPPOSITION TO DEFENDANT ANDERSON, ROWE & Boe BLES. INC'S MOTION FOR SUMMARY JUDGMENTCO wm YD A BR RY RM NR NY NYY BR Ye Be Be Se Se ee Be Be Be eo WA A BOB He se Ss oO we YY BD mA Bw ww was in part caused due to his exposure to asbestos. Additionally, people, such as Mr. ROSS, with asbestos exposure with an additional history of tobacco exposure, have a significantly higher incidence of cancer complications than with either asbestos or tobacco exposure alone, as the combined increased risk of these two carcinogens is multiplicative. 2. Asbestos fibers are complete human carcinogens. Every asbestos fiber that comes into contact with a cell in the respiratory system or gastrointestinal system may, on a more likely than not basis, elicit a physiological response from the body. The body has a limited ability to deal with this exposure burden. Some of the fibers will stimulate removal mechanisms and eventually be removed from the body. Every exposure to asbestos above background level contributed to cause Mr. ROSS’s asbestosis and colon cancer because it is well understood that asbestos telated diseases are dose-response related diseases and it is impossible to show exactly which exposures to asbestos caused the disease. 3. Any fiber contacting a cell may cause genetic damage, may induce inflammatory reactions, or may cause other biochemical reactions, including those which lead to the development of asbestosis and colon cancer. After accounting for sufficient latency, these diseases result from cumulative exposure to asbestos. In individuals who develop these diseases, such as Mr. ROSS, every occupational or para-occupational exposure to asbestos plays a role in causing the disease. 4. Each and every one of the peer reviewed articles in the Annotated Bibliography of Colon Cancer Articles, attached as exhibit 4 to Dr. Schwartz’s declaration is independently a basis for Dr. Schwartz’s conclusion that it is generally accepted in the medical community that exposure to asbestos can and does cause Ht Sua asia 6s ARAB. wd 2 2. Declaration of David Schwartz, M.D., attached as Exhibit A to the Alesio Declaration, at § 8. 3. Declaration of David Schwartz, M.D., attached as Exhibit A to the Alesio Declaration, at § 8. 4. Declaration of David Schwartz, M.D., attached as Exhibit A to the Alesio Declaration, at 4 9. ILA PARATI Boe BLES. INC'S MOTION FOR SUMMARY JUDGMENT 'E STAPEMENT OF DISPUTED MATERIAL FACTS IN OPPOSITION TO DEFENDANT ANDERSON, ROWE &Co em YW KD hw BR YY 10 asbestos induced cancers of the G-I track, including Mr, ROSS’s asbestos induced colon cancer. 5, Exposure to asbestos contributed to cause Mr. ROSS’s colon cancer and that every occupational exposure to asbestos, above background, given sufficient minimum latency, was a substantial contributing factor to both Mr. ROSS’s asbestosis and his colon cancer, this exposure was continuous, above background levels and substantial. Dated: 4/24/13 RAinjursdO3Hthpldies ARGH wpe 5. Declaration of David Schwartz, M.D., attached as Exhibit A to the Alesio Declaration, at J 10. BRAYTON#PURCELL LLP By: /s/ Jennifer L, Alesio 3 Jennifer L. Alesio Attomeys for Plaintiffs ILA PLAINTIFFS' SEPARATE 8' TEMENT OF DISPUTED MATERIAL FACTS IN OPPOSITION TO DEFENDANT ANDERSON, ROWE & BUCKLEY, INC."S MOTION FOR SUMMARY JUDGMENT