Motion-Secondary: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

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Watswarth,
Franklin,
Bovies &

HeCAB, LLP

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IAN P. DILLON, State Bar No. 203612

idillon@wtbm.com
PAMELA E, STEVENS, State Bar No. 232609
pstevens@wibm.com ELECTRONICALLY
DILLON M. KEIFER, State Bar No. 282297 FILED
dkeifer@wfbm.com Superior Court of California,
WALSWORTH FRANKLIN BEVINS & McCALL, LLP County of San Francisco
601 Montgomery Street, Ninth Floor MAY 02 2013
San Francisco, California 94111-2612 Clerk of the Court
Telephone: (415) 781-7072 BY: WILLIAM TRUPEK
Facsimile: (415) 391-6258 Deputy Clerk
Attorneys for Defendant
D. ZELINSKY & SONS, INC.

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS, Case No, CGC-10-275731

Plaintiffs, Hon: Teri L. Jackson
Dept: 503
vs. Date: May 7, 2013
Time; 9:30 a.m.
C.C. MOORE & CO. ENGINEERS; et al.,
DECLARATION OF DILLON M.

Defendant. KELFER IN SUPPORT OF DEFENDANT
D, ZELINSKY AND SONS, INC.'S
REPLY FO PLAINTIFFS' OPPOSITION
‘TO DEFENDANT D. ZELINSKY &
SONS, INC.'S MOTION FOR SUMMARY
ADJUDICATION

Trial Date: June 10, 2013

1, DILLON M. KEIFER, declare as follows:

1 1 am an attorney-at-law duly licensed to practice before all courts in the State of
California, and am an associate with the law firm of Walsworth, Franklin, Bevins & McCall, LLP,
attorneys of record for D. Zelinsky and Sons, Inc. ("Zelinsky"), a party to this action.

2. have personal knowledge of all the facts contained in this declaration and, if called
as a witness, could and would testify competently to those facts under oath.

3. A true and correct copy of the relevant portions of the Brayton Purcell, LLP Master
Complaint, {| 79-100, setting forth plaintiffs’ fifth cause of action or Premises Owner/Contractor

-l-

DECLARATION OF DILLON M_KEIFER IN SUPPORT OF DEFENDANT D. ZELINSKY AND SONS, INC'S
REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANT D., ZELINSKY & SONS. INC.'S MOTION FOR,

23546304
3619-3.25951 | Liability in its entirety is attached as EXMEBIT A.

i

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3p Dated: Mayo hoes 2013
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Watewoeth,
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Metall, LA"

Jeuasencariah

PROOF OF SERVICE

Robert Ross and Jean Ross v. C.C. Moore & Co, Engineers, et al.
San Franciseo Superior Court Case Number: CGC-L0-278731
Oar-Clients D, Zelinsky. & Sons, Ine,

Lam employed ia the County of San Francisco, Statéof California. fam over the age of 18
and nota party to theavithin action, My business address is 601 Montgomery: Street, Ninth Floor;
San Franciseo, California 04) 11-2612.

On May 1, 2073, I served the within document(s} described as:

DECLARATION OF DILLON M, KEIFER IN SUPPORT OF DEFENDANT DB.
ZELINSKY AND SONS, INC'S REPLY TO PLAINTIFEES' OPPOSITION TO
DEFENDANT D. ZELINSKY & SONS, INC'S MOTION FOR SUMMARY
ADJUDICATION

on the interested parties in this action as stated below:

Brayton Purcell LLP
222 Rush Landing Road
PO. Box 6169

Novato, CA 94948

(BY ELECTRONIC FILING/SER VICE) I provided ihe document(s) listed above
electronically to the LexisNexis File & Serve Website to the parties on the Service List
maintained on the LexisNexis Mile & Serve Website for this case. If the document is
provided to LexisNexis electronically by 3:00 p.m. then the document -will be deemed
served on the date that it was provided to LexisNexis. A copy of the "LexisNexis File &
Serve Filing Receipt” page will be maintained with the original dociment(s) in ouroltice,

Ldeclare under penalty of perjury under the laws of the State of California thatthe
foregoing ig true and correct.

Executed on May-1, 2013, at San Francisco, California.
co,
seven OP MOM : a
(Type or print name) (Signature)

een secs ste
“DEGCARATION GF DILLON M. REIFER IN SUPPORT GED TINSK'Y. AND SONS, INC

RE e DANT D.
ase REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANT D. ZELINSRY dc SONS. INC’S MOTION POR

S819. 2595EXHIBIT “A”a

YPURCELL:
“VS ATLAW

* 222 RUSH LANDING ROAD

BRA’
a

PO BOX 6169

NOVATO, CALIFORNIA 94948-6169

(415) B9BA55S.

284

DAVID R, DONADIO, ESQ,, S. B #154436
NANCY T, WILLIAMS: ESG.,, $.B. #201095

JAMES P. NEVIN, ESO., $.5. #220816 an
BRAYTON® PURCELL JAH-2 PH 4: 02
Attorneys'atLaw Longe he
222 Rush fanding Road, ke 54948-6169 Nt
P.O, Box ovata, California | -
415) 898-1555 wo te Send Mant -
fais 898-1247 (Fax No.) .
Attomeys for Plaintiffs
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
TN RE: ASBESTOS CASES OF . No.
BRAYTON “PURCELL } 828684

; © BRAYTON “*PURCELL- MASTER
v. COMPLAINT FOR PERSONAL INJURY

. a “) [AMD LOSS OF CONSORTIUM] -
ASBESTOS DEFENDANTS (BP). _ ASBESTOS

“As used herein, “Plaintiff-1" shall mean the asbestos-injured plaintiff (hereinafter referred,

to as “plaintiff” or “Plaintiff-1"), "Plaintiff-2" shal! mean the spouse or legally significant other

| partner (as defined by statue as having standing, see e.g, California Family Code § 297, et seq.;
i ‘California Code of Civil Procedure § 377, et seq.) of Plaintiff-1 (hereinafter included as
|| appropriate in the term “plaintift”).

As used herein, the masculine gender shall be deemed to inchide the feminine gender

| whenever the asbestos-injured plaintiff is a female.

1, The true names and capacities, whether individual, corporate, associate,

|| governmental, or otherwise, of defendants DOES 1 through 8,500, are unknown to plaintiff at
i this time, who therefore sues said defendants by such fictitious names. When the true names and

_capacitics of said defendants have been ascertained, plaintiff will amend this complaint

accordingly. Plaintiff is informed and believes, and thereon alleges, that each defendant

designated herein as a DOE is responsible, negligently or in some other actionable manner, for

L © 1 3 Brayton Purcell
OBRAYION? PURCELL MASTER COMPLART FOR PERSONAL TNIURY [AND LOSS OF COREORTIOM|: + ASBESTOSte

comfort, companionship, love, and affection of said spouse, and has suffered severe mental and
emotional distress, and general nervonsness as a result thereof.
(Premiiees Onneronticer LiebHity)

AS AND FOR A FURTHER AND FIFTH SEPARATE AND DISTINCT CAUSE OF
ACTION, PLAINTIFF COMPLAINS OF DEFENDANTS ON EXHIBIT C, DOES 1001-2000,
THEIR ALTERNATE ENTITIES, AND EACH OF THEM (hereinafter PREMISES
OWNER/CONTRACTOR LIABILITY DEFENDANTS), AND ALLEGES AS FOLLOWS:

77. Plaintiff incorporates herein by reference, as though fully set forth hereat, the
allegations contained in paragraphs 38-44 of the First Cause of Action.

78. Atall times herein mentioned, each of the PREMISES OWNER/CONTRACTOR
LIABILITY DEFENDANTS was a successor, successor-in-business, assign, predecessor,
predecessor-in-business, parent, holding company, venturer, co-venturer, subsidiary, wholly or
partially owned by, or the whole or partial owner of an entity causing certain asbestos-containing
insulation, other building materials, products, and toxic substances to be constructed, installed,
maintained, used, replaced, repaired and/or removed on the respective premises owned, leased,
maintained, managed, and/or controlled by them. Said entities shall hereinafter collectively be
called ALTERNATE ENTITIES. Each of the herein-named defendants is liable for the tortious
conduct of each successor, successor-in-business, assign, predecessor-in-business, parent,
holding company, venturer, co-venturer, subsidiary, whole or partial owner, or wholly or partial
owned entity, that caused the presence as aforesaid of said asbestos-containing insulation and
other toxic substances. The following defendants, and each of them, are liable for the acts of
each and every ALTERNATE ENTITY, and each of them, in that there has been a virtual
destruction of plaintiff's remedy against each such ALTERNATE ENTITY; defendants, and each
of them, have acquired the assets, or a portion thereof, of each such alternate entity; defendants,

and each of them, have caused the destruction of plaintiffs remedy against each such altemate

entity; each such defendant has the ability to assume the risk-spreading role of each such
He

8 © Copyright Purcell
SBRAVTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS4

Oo wm NH RH PR BM

ALTERNATE ENTITY, and that each such defendant enjoys the goodwill originally attached to

each such ALTERNATE ENTITY.

DEFENDANT
ACTION MOTOR SPORTS

ACTUANT CORPORATION

ALBERTSON’S, INC.

ALCOA INC.

ALEX SHUSTIN AND ASSOCIATES
ALZA CORPORATION
ANCHOR HOCKING CORPORATION

ANHEUSER-BUSCH, INC.

ATLANTIC RICHFIELD COMPANY

AVENTIS CROPSCIENCE USA, INC.

BANK OF AMERICA, NF & SA

BANK OF THE WEST

ub

ALTERNATE ENTITY
TOWN CENTER YAMAHA

APPLIED POWER, INC.
BEAR AUTOMOTIVE SERVICE EQUIPMENT COMPANY

LUCKY STORES, INC.
LUCKY FOOD CENTER,

ALCOA INDUSTRIAL COMPONENTS GROUP
ALUMINUM COMPANY OF AMERICA

HUCK MANUFACTURING

HUCK INTERNATIONAL, INC.

HUCK INTERNATIONAL, INDUSTRIAL FASTENER DIV.
CORDANT TECHNOLOGIES

HUCK FASTENERS

HOWMET CASTINGS

SANTA BARBARA INN
ALZA BUILDING

ANCHOR HOCKING GLASS CORPORATION
ANCHOR CAP CORPORATION

BUDWEISER BREWING COMPANY
BUDWEISER COMPANY .
EAGLE SNACKS, INC.

ARCO

RICHFIELD REFINERY CORP.

RICHFIELD TWIN TOWERS

HONDO OIL & GAS COMPANY

PAULEY PETROLEUM, INC,

FLETCHER OIL AND REFINING COMPANY

RHONE-POULENC AG COMPANY, INC.

RHODIA, INC,

RHONE-POULENC, INC.

STAUFFER CHEMICALS CO.

AMCHEM PRODUCTS, INC., THE BENJAMIN
FOSTER DIVISION

SECURITY PACIFIC NATIONAL BANK
HIBERNIA BANK ‘
BANK OF ITALY

LLOYDS BANK OF CA-TRUSTEE

cect enero . 82 © Conyright 2003 Brayton Purcell
SBRAVTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSBAYER CORPORATION MILES CUTTER BIOLOGICALS, INC.

“+ MILES LABORATORY, INC,
MILES, INC.
CUTTER LABORATORIES, INC.
CUTTER LABORATORIES INTERNATIONAL, INC,
BERKELEY PHARMACALS, INC.
BETERINARY INDUSTRIES, INC,
CUTTER LABORATORIES OVERSEAS CORP..
CUTTER-VITRUM, INC,
CUTTER-PUERTO RICO, INC.
BAY-O-PHARM, INC.

€

BECHTEL CORPORATION (DE) BECHTEL POWER CORPORATION
. BECHTEL CONSTRUCTORS CORP.

BECHTEL CIVIL & MINERALS, INC. (NV)
SEQUOIA VENTURES INC. (NV)
W. A. BECHTEL CO. (CA)
W, A. BECHTEL COMPANY (CA)
W. A. BECHTEL CO., INC, (DE)
W. A. BECHTEL CO, (DE)
W. A, BECHTEL CO. (NV)
THE W.A.BECHTEL COMPANY (MD)

oD em NA OF ww

a

R BECHTEL-McCONE (INCORPORATED) (DE)
BECHTEL-McCONE CORPORATION (NV)
3 BECHTEL-McCONE-PARSONS
CORPORATION (NV)
‘ 14 BECHTEL BROTHERS McCONE
Naw COMPANY (DE)
15 BECHTEL BROTHERS-McCONE .
INTERNATIONAL CORPORATION (DE)
16 BECHTEL INTERNATIONAL
: CORPORATION (DE)
7 INTERNATIONAL BECHTEL, INC,
. : ‘THE BECHTEL GROUP, INC.
18 BECHTEL CIVIL, INC, (NV)
BECHTEL CORPORATION (NV)
19 Lo BECHTEL PETROLEUM INC.
BECHTEL, INC.
20 MARINSHIP/CALIFORNIA SHIPBUILDING
. PEPPERWOOD CORPORATION :
21 JOSHUA HENDY CORPORATION
— : MacDONALD & KAHN
2 JH, POMEROY & COMPANY, INC,
MORRISON KNUDSEN CORPORATION
23 SANTA FE BRAUN, INC.
24 || BKECHNUM NUTRITION BEECH-NUT FOODS CORP,
CORPORATION : B.N.N.C, CORPORATION (BEECH-NUT)
25
BLACKWELL HOMES BLACKWELL BROTHERS
26 SCHULTE-BLACKWELL DEVELOPMENT CORP.
KENNETH M. BLACKWELL, INC,
27 JACK R. BLACKWELL INC,

28.4 BLUM FAMILY COMPANY BELLVUE HOTEL

83 2 Copvriht 2003 Brayton “Purcell
OBRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS0. 9 SB A MW BP wid

BOHANNON DEVELOPMENT COMPANY
BOLTON INDUSTRIES, INC.

BONAVENTURE, LTD.

/ BOREL PLACE OFFICE CENTER

BURNS PHILIP FOOD, INC.

| BW. HOTEL, LLC

C.F. SERVICES, INC.

C. MONDAVI & SONS

CADBURY BEVERAGES, INC,

CALIFORNIA AND HAWAHAN
SUGAR COMPANY

CALIFORNIA INSTITUTE OF
TECHNOLOGY, JET PROPULSION

LABORATORY
CANADAIGUA WINE COMPANY, INC. -

CALIFORNIA PACIFIC
MEDICAL CENTER

CARGILL, INCORPORATED

CATELLUS DEVELOPMENT
| CORPORATION

CATHOLIC HEALTHCARE WEST

HILLSDALE SHOPPING CENTER

HB. BRANDS

MJB COFFEE

MJB FOODS,

RESTAURANT EQUIPMENT
LEASING COMPANY, INC.

UNION CITY FOODS, INC.

THE BONAVENTURE HOTEL
BOREL ESTATE COMPANY
FLEISCHMANN'S YEAST, INC.
BEVERLY. WILSHIRE HOTEL
CONTADINA FOODS
CHARLES KRUG WINERY

CANADA DRY, U.S.A.
PETER PAUL, INC.

C & H-HAWAIL INC.
C & H SUGAR COMPANY

JET PROPULSION LABORATORY-CAL,

ALMADEN WINES

MEDICAL RESEARCH INSTITUTE

CALIFORNIA PACIFIC MEDICAL SERVICES
PACIFIC PRESBYTERIAN MEDICAL CENTER
HOMEOPATHIC FOUNDATION OF CALIFORNIA
CHILDREN'S HOSPITAL OF SAN FRANCISCO

LESLIE SALT CO.

SANTA FE PACIFIC REALTY CORPORATION
SOUTHERN PACIFIC LAND COMPANY
GOLDEN GATE FIELDS

C.H.W. WEST-BAY AREA

ST. MARY'S HOSPIFAL

SETON MEDICAL CENTER

SETON HEALTH SERVICES CORPORATION

ST. CATHERINE HOSPITAL ON HALF MOON BAY

SETON MEDICAL OFFICE CENTER

WESTERN HANSEN'S DISEASE INSTITUTE

SETON INSTITUTE FOR INTERNATIONAL
DEVELOPMENT

SETON ASSOCIATS

NARCISSUS EYE RESEARCH FOUNDATION

3 Brayton,

84
SERAVTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM} « ASBESTOS

reelOW A A eh WN mw

CATHOLIC HEALTHCARE WEST
| (Continuedy . .

CHEVRONTEXACO CORPORATION

CHINA BASIN BALLPARK.
COMPANY, LLC

CIRCOR INTERNATIONAL, INC.

CLOUGHERTY PACKING COMPANY
COASTAL WEST VENTURES, INC.

COLBERG, INC,

CONAGRA GROCERY
PRODUCTS COMPANY

CONOCO, INC.

CONGOPCO, INC.

~ . 85 © Copyright 2003 Heaviog Puree
SBRAVTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM]~ ‘08

CHOICE HOTELS INTERNATIONAL, INC.

MERCY SERVICES CORPORATION - S.F.

ST. MARY’S FOUNDATION :

ST. MARY'S HOSPITAL AND MEDICAL CENTER
MERCY PROFESSIONAL BUILDING, INC.
NOTRE DAME HOSPITAL

CHEVRON PRODUCTS COMPANY

CHEVRON U.S.A. PRODUCTS
COMPANY

CHEVRON CORP.

CHEVRON CHEMICAL COMPANY

STANDARD OIL OF CALIFORNIA

GULF OIL COMPANY

WILSHIRE OIL.

GULF OIL OF CALIFORNIA

CHEVRON RESEARCH AND
TECHNOLOGY

PACIFIC OIL REFINING

SEQUOLA REFINING CORP.

CHEVRON U,S.A,, INC..

TEXACO REFINING & MARKETING, INC.

TEXACO, INC.

TEXACO USA

THE TEXAS COMPANY

THE TEXAS CORPORATION

TIDEWATER OIL COMPANY

ASSOCIATED OL COMPANY

GETTY OIL ‘

FOUR STAR OIL AND GAS COMPANY

MOHAWK REFINERY

PACIFIC BELL PARK.

CLARION HOTELS

LESLIE CONTROLS, INC.
LESLIE CO.

FARMER JOHN'S SAUSAGE COMPANY.

PACIFIC REFINING COMPANY
SEQUOLA REFINING CORP.

COLBERG BOATWORKS

HUNT-WESSON, INC,
HUNT FOODS, INC.

DOUGLAS OIL CO. OF CALIFORNIA
CONTINENTAL OIL COMPANY

UNILEVER UNITED STATES INC.
LEVER BROTHERS COMPANY
UNILEVER RESEARCH, U.S., INC.
UNILEVER ACQUISITION CORP. IICONTINENTAL MARITIME " SERVICE ENGINEERING co.
INDUSTRIES, INC. NQ DE NNS MERGER CORP.

CONTINENTAL MARITIME OF "SAN DIEGO IRON & STEEL FABRICATING, INC.
SANDIEGO, INC. .

CONTINENTAL MARITIME OF - SAN FRANCISCO WELDING & FABRICATING, INC,
SAN FRANCISCO SFW CORPORATION

CPC INTERNATIONAL (BEST FOODS) BESTFOODS

CROCKER PLAZA COMPANY CROCKER-AETNA COMPANY
. CROCKER-AETNA SUBSIDIARY, INC.

CURTICE-BURNS FOODS, INC. COMSTOCK FOODS
COMSTOCK MICHIGAN FRUIT
NALLEY'S FINE FOODS.

Oo eo NS A mB BN

S

DANIEL SMITH PLASTERING, INC. DANIEL SMITH PLASTERING

DEL MONTE FOODS COMPANY DEL MONTE CORPORATION
CALIFORNIA PACKING CORP,
ENCINAL TERMINALS.

DEL WEBB CORPORATION DEL WEBB CALIFORNIA CORPORATION

BO O8

‘ DILLINGHAM CONSTRUCTION DILLINGHAM CONSTRUCTION
Auer NA. INC. INTERNATIONAL, INC.
DILLINGHAM CONSTRUCTION
CORPORATION |
DILLINGHAM CONSTRUCTION, INC.
DILLINGHAM HEAVY CONSTRUCTION
GORDON H. BALL INC,
BASALT ROCK
BASALT ROCK CO., INC.
BASALT SHIPYARD
BASALT PRECAST DIVISION
DILLINGHAM CONSTRUCTION
20 |

3 RG

S &

“PACIFIC LTD, /
DILLINGHAM CONSTRUCTION GUAM, LTD.

a . HD&C INTERIORS, LTD.

HAWAIIAN BITUMULS & PAVING COMPANY
22 HAWAIIAN CONCRETE & ROCK COMPANY
HAWAIIAN DREDGING & CONSTRUCTION COMPANY
: 23 WATKINS ENGINEERS & CONSTRUCTORS, INC.
INLAND INDUSTRIAL CONTRACTORS,

24 INCORPORATED

C. NORMAN PETERSON

25 ALBINA ENGINE & MACHINE WORKS

‘ALASKA STEAMSHIP COMPANY

6 BEAGON GASOLINE COMPANY

. BEACON PETROLEUM COMPANY

q FOSS TUG & LAUNCH

/ , SIMPSON CONSTRUCTION

Naor 28 WILLAMETTE IRON & STEEL

COMPANY

. 86 © Copyright 2003 Bravion Purcell
GBRAYTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSOO St OA Mew

E & J GALLO WINERY ©

EARTHGRAINS BAKING
COMPANIES, INC

EXXON MOBIL CORPORATION

FDCC CALIFORNIA, INC.

FEDERATED DEPARTMENT
STORES, INC.

FELCOR LODGING TRUST, INC.

FIRST PALM SPRINGS VILLA
FOREMOST McKESSON, INC.

FORT JAMES OPERATING COMPANY

FRANZIA WINERY, LLC

G, HEILMAN BREWING
COMPANY, INC.

GAYLORD CONTAINER
CORPORATION

LIBERTY WINERY
KILPATRICK'S BAKERIES, INC,

EXXON CORPORATION

HUMBLE.OIL AND REFINING COMPANY

STANDARD OIL OF NEW JERSEY

ENCO

MOBIL OIL CORPORATION

GENERAL PETROLEUM COMPANY

GENERAL PETROLEUM CORPORATION
OF CALIFORNIA

DINWIDDIE CONSTRUCTION COMPANY
FLETCHER CONSTRUCTION NORTH
AMERICA

I. MAGNIN, INC.

BROADWAY STORES, INC.

MACY'S CALIFORNIA, INC.
EMPORIUM CAPWELL

CAPWELLS

CARTER HAWLEY HALE STORES, INC.
WEINSTOCKS

WEINSTOCK-LUBIN & CO.

HALE BROTHERS STORES, INC.
BROADWAY-HALE STORES, INC. (DE)
BROADWAY-HALES STORES, INC. (CA)
BULLOCKS

BRISTOL HOTEL COMPANY
BRISTOL HOTEL ASSET COMPANY
HOLIDAY INNS, INC.

BASS HOTELS é& RESORTS, INC.
VILLA ALEIO APARTMENTS

FOREMOST DAIRIES, INC, (1967)
FWDR ASSOCIATES, INC.

JAMES RIVER PAPER COMPANY, INC,

_ JAMES RIVER II, INC.

CROWN-ZELLERBACH CORPORATION
DUNCAN BAY TANKERS LTD

FRANZIA BROTHERS WINERY

FRANZIA BROTHERS WINERY LIMITED PARTNERSHIP

‘THE WINE GROUP, LTD.

BURGERMEISTER BREWING
CORPORATION

CROWN-ZELLERBACH CORPORATION
JAMES RIVER I, INC.

003 Bra

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SBRAVTONS PURCELL MASTER COMPLAINT FOR PERSONAL ThitRY TAND LOSS OF CONSORTIUM] - ASBESTOS|| GENERAL BREWING COMPANY
| THE GILLETTE COMPANY
| GOLDEN STATE BANCORP INC.

GOOD SAMARITAN
CHARITABLE TRUST

| GTE CALIFORNIA INCORPORATED

| GUINNESS UDV NORTH AMERICA, INC.

HARTFORD FIRE INSURANCE CO.

|| HERSHEY FOODS CORPORATION

4 INDIO MERCANTILE COMPANY

|| HYATT CORPORATION

IMPERIAL HOLLY CORP,

|| INTER-CONTINENTL HOTELS,
CORPORATION

|| INTERSTATE BRANDS CORPORATION

H IWCC ACQUISITION CORPORATION

LUCKY LAGER BREWING COMPANY
PAPERMATE

GUARANTEE SAVINGS & LOAN

GLENDALE FEDERAL BANK

FIRST NATIONWIDE BANKS

CALIFORNIA FEDERAL SAVINGS & LOAN
ASSOCIATION

GOOD SAMARITAN HEALTH SYSTEM,
dba SAN JOSE MEDICAL CENTER
HEALTH DIMENSIONS, INC.,
dba SAN JOSE MEDICAL CENTER
SAN JOSE MEDICAL CENTER
THE SAN JOSE HEALTH CENTER
SAN JOSE HOSPITAL AND HEALTH CENTER, INC,
SAN JOSE HOSPITAL CORPORATION

ASSOCIATED TELEPHONE CO., LTD.

THE ASSOCIATED TELEPHONE COMPANY
ASSOCIATED TELEPHONE CORPORATION
GENERAL TELEPHONE COMPANY OF CALIFORNIA
SUNLAND-TUJUNGA TELEPHONE COMPANY
DELTA TELEPHONE AND TELEGRAPH COMPANY
CALIFORNIA WATER & TELEPHONE COMPANY
WESTERN CALIFORNIA TELEPHONE

UDV NORTH AMERICA, INC,

HEUBLEIN, INC.

HEUBLEIN WINES

UNITED VINTNERS, INC.

CHRISTIAN BROTHERS WINERY

650 CALIFORNIA STREET ASSOCIATES
HARTFORD BUILDING

HARTFORD ACCIDENT & INDEMNITY CO.

HERSHEY CHOCOLATE OF CALIFORNIA
HERSHEY CHOCOLATE CORPORATION

YELLOW MART STORES

CALIFORNIA HYATT CORPORATION
HYATT REGENCY, INC.

HOLLY SUGAR CORP.
MARK HOPKINS INTER-CONTINENTAL HOTEL

WONDER BREAD BAKERY
THE SHERATON CORPORATION
INDIAN WELLS COUNTRY CLUB

t 88 © Copvright 2003 Brayton “Purcell

OBRAYTONS PORCELL MASTER COMPLAINT FOR PERSONAL INJURY (AND LOSS OF CONSORTIUM] - ASBESTOS .OQ BN WA HW Rw Rm

far SIMPLOT COMPANY

JEFFERSON SMURFIT
CORPORATION (U.S.)

K MART CORPORATION

| KAISER ALUMINUM AND

CHEMICAL CO,

| KAISER CARGO

KAISER VENTURES, INC.

| KERR-MCGEE CHEMICAL CORPORATION

| KIMBERLY-CLARK CORPORATION
| KINTETSU ENTERPRISES

COMPANY OF AMERICA
KRAFT FOODS NORTH AMERICA, INC,

LANDSEA HOLDING COMPANY

“LOCKHEED MARTIN CORPORATION

LOCKHEED SHIPBUILDING CORPORATION

BEST FERTILIZER
VALLEY NITROGEN PRODUCERS, INC.
SIMCAL CHEMICAL COMPANY

CONTAINER CORPORATION OF AMERICA
CONCORA CORPORATION

KRESGE DEPARTMENT STORE
KMART BUILDING SUPPLIES

PERMANENTE METALS YARDS 1,2

KAISER YARDS 3 & 4

KAISER STEEL RESOURCES, INC.

KAISER CO., INC.

KAISER STEEL CORPORATION

KAISER RESOURCES, INC.

KAISER SHIPYARD - VANCOUVER

KSC RECOVERY, INC, (Successor to the Bankruptcy Estate
of Kaiser Steel Corporation)

AMERICAN POTASH & CHEMICAL CORPORATION
ANDERSON PULP MILL
MIYAKO HOTEL

KRAFT FOODS, INC.

GENERAL FOODS CORPORATION
MAXWELL HOUSE

DART & KRAFT, INC.

KRAPT, INC.

KRAFT GENERAL FOODS, INC.

KRAFT FOOD INGREDIENTS CORP.
OSCAR MAYER FOODS CORPORATION

URICH OIL COMPANY

LOCKHEED CORPORATION

LOCKHEED MISSILES & SPACE CO., INC.
LOCKHEED AIRCRAFT CORPORATION

LOCKHEED SHIPBUILDING AND
CONSTRUCTION COMPANY

- PUGET SOUND BRIDGE & DRY DOCK COMPANY
* PUGET SOUND BRIDGE & DREDGING.COMPANY

MERCK & CO., INC.
MALINDONS LTD,

MERCK CHEMICAL DIVISION
VAL STROUGH CHEVROLET CO.

i 003, Brayton Purcell

89 © Copyright 21
SBRAYTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM} + ASBESTOS:ce NA eR oe

MARRAKESH COUNRTY CLUB
MARRIOTT CORPORATION

MARTIN MARIETTA
TECHNGLOGIES, CORP.

“MARY E. STEBBINS TRUST

MARYMOUNT ACADEMY,
INCORPORATED

MCCLATCHY NEWSPAPERS, INC.
MCDONNELL DOUGLAS CORPORATION

MILLER BREWING COMPANY

MGORE DRY DOCK CO.
NABISCO, INC.

NARVEN ENTERPRISES, INC.

NESTLE USA, INC,

NEW VICI, INC.

NORTHROP GRUMMAN CORPORATION

OCEAN SHORE IRON WORKS

ae

MARRAKESH GOLF CLUB
STANFORD COURT HOTEL

MARTIN MARIETTA CARBON, INC.
WATSON CARBON & CHEMICAL CO.
HARVEY ALUMINUM OF AMERICA
HARVEY ALUMINUM, INC.

FLOOD BLDG.

MARY MOUNT SCHOOL OF SANTA BARBARA

THE SACRAMENTO BEE

DOUGLAS AIRCRAFT COMPANY
BOEING NORTH AMERICAN, INC,
CONSOLIDATED AIRCRAFT

PABST BREWING CO.
HAMM'’S BREWING CO.

MOORE SECURITIES CO.
MOORE DRY DOCK
SCHNITZER STEEL INDUSTRIES, INC,

RJR NABISCO, INC.
NABISCO BRANDS, INC.
PLANTER'S PEANUTS

EL CORTEZ HOTEL

NESTLE BEVERAGE COMPANY

NESTLE USA-BEVERAGE DIVISION, INC.
CHASE & SANBORN,

HILLS BROTHERS COFFEE, INC.
NESTLE FOOD COMPANY

CARNATION COMPANY

CONTADINA FOODS

C, F. SERVICES, INC.

VINTNERS INTERNATIONAL COMPANY, INC.
PAUL MASSON, INC.

NORTHROP CORPORATION

JOHSUA HENDY CORPORATION
CALIFORNIA SHIPBUILDING CORPORATION
JOSHUA HENDY IRON WORKS

GRUMMAN AEROSPACE CORPORATION

OCEAN -SHORE CONTROL CO,, INC.

90 © Copyright 2003 Brayton “Purcell
_OBRAYTON® PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM) - ASBESTOSeu

Oo OO a mH A om WON

PACIFIC OIL REFINERY . COASTAL WEST VENTURIER, INC.
a . COASTAL CORP,
” SEQUOIA REFINING —
PACIFIC REFINING CORP,

i PACIFIC SHIP REPAIR, INC. RADAWA MAINTENANCE COMPANY

PEPPERWOOD CORPORATION MARINSHIP CORPORATION

PHILLIPS PETROLEUM COMPANY PHILLIPS 66
GETTY OIL
TIDEWATER OIL COMPANY
TIDEWATER ASSOCIATED OIL COMPANY
LYON OIL COMPANY
AVON OIL COMPANY
DRILLING SPECIALTIES CO.
AMINOIL USA INC
BURMAH OIL
|| THE PILLSBURY COMPANY PROGRESSO FOODS COMPANY
TILLIE LEWIS FOODS

| PIONEER CARPET MILLS, INC. FOX SAN FRANCISCO PLAZA CORPORATION
. SOUTHWEST AMUSEMENT CORPORATION

OXNARD IMPORT CARS, INC. ‘
GENERAL RECORDS CORPORATION .
ONE PLAZA CORPORATION
NT, & T,, INC.
SOUTHWEST THEATRE CORPORATION
SAN JOAQUIN THEATRE CORPORATION
NORTHERN CALIFORNIA PROPERTIES, INC.
SOCAL PROPERTIES CORPORATION
CENTRAL CALIFORNIA PROPERTIES, INC.
EAST BAY PROPERTIES, INC,
MID-CALIFORNIA PROPERTIES, INC,
NINE SEVENTY CORPORATION

THE PROCTER & GAMBLE PROCTER & GAMBLE COMPANY
| MANUFACTURING COMPANY

| THE PRUDENTIAL INSURANCE BUNKER HILL TOWERS
COMPANY OF AMERICA

i REGAL HOTEL MANAGEMENT, INC, REGAL BILTMORE HOTEL
REXAM BEVERAGE CAN COMPANY AMERICAN NATIONAL CAN COMPANY

ROMAN CATHOLIC BISHOP LA GUADALUPE SCHOOL,
& ROMAN SD.

‘SAINT AGNES MEDICAL CENTER NORTHSIDE PROFESSIONAL BUILDING

SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS COMPANY
COMPANY SAN DIEGO GAS & ELECTRIC LIGHT COMPANY
SAN DIEGO CONSOLIDATED GAS &
ELECTRIC COMPANY

91 © Copyripht 2003 Brayton Sefureel

OBRAYTONS FORCE MASTER COMPLAINT FOR PERSONAL TNIURY (AND LOSS OF CONSORTIUM] + * ASBESTOS3 co ow A OW BR WN om

MR NN RM. NR RR me meme
oY AH FS BN we SG Oo ew YD DH PW NY & @

SAUGUS'STATION
SBC HOLDINGS, INC.

SHELL OLL COMPANY

THE SHORENSTEIN CO.

SIMPSON PAPER COMPANY

SIX CONTINENTS HOTELS, INC.

SMITH INTERNATIONAL
SOUTH AMERICA, INC.

SMURFIT NEWSPRINT CORPORATION

SOUTHERN CALIFORNIA EDISON
COMPANY

SOUTHERN CALIFORNIA
WATER COMPANY

SOUTHWEST MARINE, INC.

SPENGERS FISH GROTTO

STATE FARM GENERAL
INSURANCE COMPANY

STERLING WINTHROP, INC.

SUMMIT MEDICAL CENTER

SUNSET HOMES, INC.
il

THATCHER GLASS CORP.

THE STROH BREWERY COMPANY, INC.
THE STROH PRODUCTS COMPANY
JOSEPH SCHLITZ BREWING COMPANY
JOS. SCHLITZ BREWING COMPANY
SCHLITZ BREWERY

SHELL UNION OIL CORPORATION
SHELL CHEMICAL CO,

SHELL DEVELOPMENT CO.

SHELL COMPANY OF CALIFORNIA

FREMONT CENTER,

HUMBOLDT BAY PULP COMPANY
SIMPSON LEE PAPER COMPANY
CROWN SIMPSON CORP.

BRISTOL HOTEL COMPANY
BRISTOL HOTEL ASSET COMPANY
HOLIDAY INNS, INC.

BASS HOTELS & RESORTS, INC.

SMITH TOOL COMPANY, ENC,

PUBLISHER'S PAPER CO.
PUBLISHER'S FOREST PRODUCTS OF CALIFORNIA

SCOTT LUMBER COMPANY

EDISON INTERNATIONAL
REDONDO BEACH POWERHOUSE

ARDEN-CORDOVA WATER COMPANY
SOUTHWEST MARINE OF SAN FRANCISCO, INC.
SOUTH BAY BOAT YARD, INC.

NORTHWEST MARINE, INC, (Oregon)
SPANGERS-BERKELEY

STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY

STERLING DRUG, INC,
WINTHROP LABORATORIES, INC.

MERRITT HOSPITAL
PROVIDENCE HOSPITAL

SUNSET DEVELOPMENT

aa Copyright 2003 Brayton ‘Purcell

- 92
SBRAVTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY (AND LOSS OF CONSORTIUM] - ASBESTOSww NA ww hw om

= 3S

SUNVALLEY ASSOCIATES, a
Calfiornia genérai partnership

SUN SHIP, INC.
TENET HEALTHSYSTEM
HOSPITALS, INC,

TEXACO REFINING & MARKETING, INC.

THEODORE KOOPMAN, ET AL

“| THRIFT LODGE

JIG PREMIER INSURANCE
COMPANY

‘TITLE INSURANCE AND
GUARANTY COMPANY
TODD SHIPYARDS CORPORATION

‘TODD PACIFIC SHIPYARDS
CORPORATION

TOSCO CORPORATION

TRI-VALLEY GROWERS

TRW INC.

TRIZECHAHN CENTERS, INC,
TYCO INTERNATIONAL (PA) INC.
ULTRAMAR INC,

UNION BANK
Hil

SUNVALLEY ASSOCIATES LIMITED
PARTNERSHIP,

SUNVALLEY, a general parntership

SUN VALLEY MALL

SUN SHIPBUILDING AND DRY DOCK COMPANY
SUN SHIPBUILDING COMPANY

TENET HEALTHCARE CORP.
MEDICAL ARTS BUILDING

TEXACO, INC,

TEXACO USA

THE TEXAS COMPANY

THE TEXAS CORPORATION
TIDEWATER OL COMPANY
ASSOCIATED OIL COMPANY

GETTY OIL

FOUR STAR OIL AND GAS COMPANY
MOHAWK REFINERY

LONG BEACH CONVENTION CENTER

INDIO MOTEL, INC.
THUNDERBIRD MOTOR LODGE

TRANSAMERICA PREMIER INSURANCE
COMPANY
PREMIER INSURANCE COMPANY

WESTERN TITLE INSURANCE COMPANY

TODD PACIFIC SHIPY ARDS CORPORATION
TODD SHIPYARDS CORPORATION
THE OIL SHALE CORPORATION
TOSCO REFINING COMPANY

TRI VALLEY CANNERY
THOMPSON-RAMO-WOOLRIDGE
ERNEST HAHN

RAYCHEM CORPORATION
BEACON OIL COMPANY
CAMINOL COMPANY

‘THE CAMINOL COMPANY, LTD.

CALIFORNIA FIRST BANK

ar errr copyright 2003,
SBRAVTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS

© Copyright 2003 Brayton *# Purcellwe 1] UNION PACIFIC RESOURCES CHAMPLIN PETROLEUM
3 COMPANY |. :
UNITED INDUSTRIAL MATERIALS, INC. UNITED REFRACTORY & CORROSION PRODUCTS, INC,
34 . ,
UNITED INDUSTRIAL SYNDICATE, INC. | MORGAN ENGINEERING COMPANY
4
| UNITED TECHNOLOGIES UNITED AIRCRAFT CORPORATION
5} CORPORATION UNITED AIRCRAFT & TRANSPORT CORPORATION
- PRATT & WHITNEY
6 HAMILTON STANDARD CO.
7 | UNIVERSAL STUDIOS, INC, MCA, INC.
3 UNIVERSAL CITY STUDIOS, INC.
UNOCAL CORPORATION UNION OIL COMPANY OF CALIFORNIA
9 UNION OIL CO.
UNION CHEMICAL .
10 COLLIER CARBON & CHEMICAL CORPORATION
. R. T. COLLIER
i WEST COAST SHIPPING COMPANY
12 | URBAN PACIFIC PROPERTIES OPERA PLAZA COMMERCIAL MANAGEMENT
OPERA PLAZA,
13 PACIFIC UNION DEVELOPMENT
‘ 14 | USX CORPORATION CONSOLIDATED WESTERN PIPE & STEEL
tae CONSOLIDATED WESTERN STEEL
iS CONSOLIDATED STEEL SHIPYARD
WESTERN PIPE & STEEL
16 CONSOLIDATED SHIPBUILDING CORP.
UNITED STATES STEEL CORPORATION
7 UNITED STATES STEEL, LLC
U.S, STEEL SUPPLY
18 U.S. STEEL COMPANY
COLUMBIA STEEL COMPANY
19 AMERICAN BRIDGE & IRON
CARNEGIE-ILLINOIS STEEL CORPORATION
20 FEDERAL SHIPBUILDING
AMERICAN TRISTAR,
2i :
. || V8.8, ENTERPRISES, LLC SHOWBOAT HOTEL & CASINO
22 SHOWBOAT LANES
CASTAWAY HOTEL, CASINO & BOWLING CENTER
23
VACCO INDUSTRIES VACCO VALVE CO..
24 VACUUM & AIR COMPONENTS COMPANY
OF AMERICA
25 _ .
. | VACUBLAST CORPORATION VACUBLAST INTERNATIONAL
268 VACU-BLAST CORPORATION
27 || VALLEJO VENTURE 99 LLC VALLEJO PLAZA SHOPPING MALL
LARWIN PLAZA
i 28
VARIAN MEDICAL SYSTEMS, INC, -- VARIAN ASSOCIATES, INC.

94. OC 010: #Purcell
SBRATTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM) - ASBESTOSi

1G
i

WASHINGTON MUTUAL, INC.

+

| WELLS FARGO BANK, N.T. & S.A

WESTLAND BAY FAIR MALL LP.

: | WORLD SAVINGS & LOAN ASSOCIATION

YALE INTERNATIONAL

} YOLLAND & CO.
| YORK INTERNATIONAL CORPORATION

|| ZURN INDUSTRIES, INC.

WASHINGTON MUTUAL BANK, FA

GREAT WESTERN BANK

GREAT WESTERN CAPITAL CORPORATION
AMERICAN SAVINGS BANK

FIRST INTERSTATE BANK OF CALIFORNIA
ATC COMPANY
TRADE & VOCATIONAL CENTER

BAY FAIR MALL

BAY FAIR SHOPPING CENTER CORP.
VALLEY-FAIR MALL

VALLEY FAIR MALL

MODESTO SAVINGS AND LOAN

SPRECKELS SUGAR COMPANY, INC.
SPRECKLES INDUSTRIES
SPRECKLES SUGAR CO.

SPRECKLES DEVELOPMENT CO., INC.
SPRECKLES LAND CO,
MECHANICAL PRODUCTS CO., INC.
DUFF-NORTON CO., INC.

DOMINO SUGAR CORPORATION
AMSTAR CORPORATION

AMSTAR SUGAR CORPORATION

SI ACQUISITION CORP.

TATE AND LYLE PLC

YOLLAND MATERIALS COMPANY

YORK OPERATING COMPANY

YORK HOLDINGS

YORK HOLDING CORPORATION

CENTRAL ENVIRONMENTAL SYSTEMS

BORG-WARNER AIR CONDITIONING, INC.

BORG- WARNER CENTRAL ENVIRONMENTAL
SYSTEMS

YORK DIVISION, BORG-WARNER,

YORK-LUXAIRE, INC,

YORK CORPORATION

YORK ICE MACHINERY

YORK MANUFACTURING

FRICK COMPANY

BUMSTEAD-WOOLFORD COMPANY

79. Atal times mentioned.-herein, the PREMISES OWNER/CONTRACTOR
LIABILITY DEFENDANTS, and cach of them, respectively, owned, leased, maintained,
managed, and/or controlled the premises listed on Exhibit C where plaintiff was present. The

i| information provided on Exhibit C is preliminary, based on recall over events covering many

—_ nomenon 95 OC opsixht 2003 Brayton “Purcell
OBRAYION® PURCELL MASTER COMPLAINT FOR PERSONAL INIURY (AND LOSS OF CONSORTIUM] - ASBESTOS.&

2 8 ND SB WON

id

years and further investigation and discovery may produce more reliable information. |
Additionally, plaintiff might have been present at these or other PREMISES
OWNER/CONTRACTOR LIABILITY DEFENDANTS’ premises at other locations and on othe
occasions.

80. Prior to and at said times and places, said PREMISES OWNER/CONTRACTOR
LIABILITY DEFENDANTS, and each of them, respectively, caused certain asbestos-containing
insulation, other building materials, products, and toxic substances to be constructed, installed,
maintained, used, supplied, replaced, repaired, and/or removed on each of the aforesaid
respective premises, by their own workers and/or by various unqualified or unskilled contractors,
and caused the release of dangerous quantities of toxic asbestos fibers and other toxic substances
into the ambient air and thereby created a hazardous and unsafe condition to plaintiff and other
persons exposed to said asbestos fibers and toxic substances while present at said premises.

81. Atall times mentioned herein, said PREMISES OWNER/CONTRACTOR

| LIABILITY DEFENDANTS, and each of them, knew or in the exercise of ordinary and

yeasonable care should have known, that the foregoing conditions and activities created a
dangerous, hazardous, and unsafe condition, and unreasonable risk of harm and personal injury t
plaintiff and other workers or persons so exposed present on each of the aforesaid respective
premises.

82. Atall times relevant herein, plaintiff entered said premises and used or occupied.
each of Said respective premises as intended and for each of the respective PREMISES OWNER/|
CONTRACTOR LIABILITY DEFENDANTS’ benefit and advantage and at each of the
respective PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS’ request and
invitation. In so doing, plaintiff was exposed to dangerous quantities of asbestos fibers and other
toxic substances released into the ambient air by the aforesaid hazardous conditions and activitie:
managed, maintained, initiated, and/or otherwise created, controlled, or caused by said
PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS, and each of them.

Wi
Ht

96 © Copyri Purcell
SBRAVIONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY (AND LOSS OF CONSORTIUM] - ASBESTOSOo Mm WD HW PB WN

rs

83. Plaintiff at all times was unaware of the hazardous condition or the risk of
personal injury created by the aforesaid presence and use of asbestos products and materials and
other toxic substances on said premises.

"ga, At all times mentioned herein, said PREMISES OWNER/CONTRACTOR
LIABILITY DEFENDANTS, and each of them, remained in control of the premises where
plaintiff was performing his work.

85. Said PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS
retained control over safety and other related conditions and circumstances at plaintiff's job
site(s) and affirmatively contributed to and exercised, or failed to exercise, that control in a
manner that caused plaintiff's injuries from asbestos-containing products,

86. Atal times mentioned herein, the PREMISES OWNER/CONTRACTOR.
LIABILITY DEFENDANTS owed to plaintiffs and others similarly situated a duty to exercise
ordinary care in the management of such premises so as to avoid exposing workers such as
plaintiff to an unreasonable risk of harm and to avoid causing injury to said person.

87, Atall times mentioned herein, said PREMISES OWNER/CONTRACTOR
LIABILITY DEFENDANTS, and each of them, knew, or in the exercise of ordinary and
reasonable care should have known, that the premises that were in their control would be used
without knowledge of, or inspection for, defects or dangerous conditions and that the persons
present and using said premises would not be aware of the aforesaid hazardous conditions to
which they were exposed on. the premises.

88. Atal times mentioned herein, said PREMISES OWNER/CONTRACTOR

|| LIABILITY DEFENDANT: S, and each of them, negligently failed to maintain, manage, inspect,

survey, or contro! said premises, or to abate, or correct, or to wam plaintiff of, the existence of
the aforesaid dangerous conditions and hazards on or about said premises.

89, Prior to and at the times and places aforesaid, said PREMISES
OWNER/CONTRACTOR LIABILITY DEFENDANTS, and each of them, respectively, caused
certain asbestos-containing insulation, other building materials, products, and toxic substances to
be constructed, installed, maintained, used, replaced, repaired and/or removed on each of their

OL © Copyright 2
OBRAVTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY [AND LOSS OF CONSORTIUM] - ASBESTOSaforesaid respective premises, by their own workers and/or by employing various contractors,

€

and caused the release of dangerous quantities of toxic asbestos fibers and other toxic substances ;
into the ambient air and thereby injured plaintiff. :
90.  Atall times mentioned herein, said PREMISES OWNER/CONTRACTOR
LIABILITY DEFENDANTS, and each of them:
a. Should have recognized that the work of said contractors would create during
the progress of the work, dangerous, hazardous, and unsafe conditions, which could or would
harm plaintiff and others unless special precautions were taken;

b. Knew or had reason to know, thaf the contractors it had selected and hired to

oC m8 BVA Ww Bb eR

101 install, remove, abate, or otherwise handle asbestos-containing materials were unfit, unskilled,
11} unticenced, or otherwise unqualified to do so;
12 c. Failed to use reasonable care to discover whether the contractors it selected anc
13 || hired to-install, remove, abate, or otherwise handle asbestos-containing materials were

14] competent, or qualified to do so.

Your 15 91, In part, plaintiff was exposed to dangerous asbestos fibers and other toxic
16] substances by reason of such contractors’ failure to take the necessary precautions. :

92. The work of contractors on premises controlled by the PREMISES -

| OWNER/CONTRACTOR LIABILITY DEFENDANTS created an unsafe premise and an unsafe

i work place by reason of the release of dangerous quantities of toxic substances, including but not

E limited to asbestos.
i 93. The unsafe premise’or work place was created, in part; by the negligent conduct of
t the contractors employed by the PREMISES OWNER/CONTRACTOR LIABILITY
DEFENDANTS. Said-negligent conduct includes, but is not limited to:
‘ a. Failure to wam of asbestos and other toxic dusts;
b. Failure to suppress the asbestos-containing or toxic dusts;
G Failure to remove the asbestos-containing and toxic dusts through

i use of ventilation or appropriate means,1 | . a Failure to provide adequate breathing protection, i.e., approved
2 || respirators or masks;
3 e Failure to inspect and/or test the air;
4 f. Failure to provide medical monitoring.
$ g Failure to select and hire a careful and competent contractor or
& 4 subcontractor.
7 94, The PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS’ duties
~ 8 | to maintain and provide safe premises, a safe place to work, and to warn of dangerous conditions
91 are non-delegable; said duties arise out of, inter alia, common law, California Civil Code § 1714,

10 || end California Labor Code § 6400, et seq, or California Health and Safety Code § 40.200, et

11 # seq., and regulations promulgated thereunder. Accordingly, the PREMISES

12 | OWNER/CONTRACTOR LIABILITY DEFENDANTS are responsible for any breach of said
13 ] duties whether by themselves or others. ~ ,

4 95. Prior to and at said times and places, said PREMISES OWNER/CONTRACTOR
15] LIABILITY DEFENDANTS were subject to certain ordinances, standards, statutes, and other
government regulations promulgated by the United States Government, the State of California,
and others, including but not limited to the General Industry Safety Orders promulgated pursuant
| to California Labor Code § 6400 and the California Administrative Code under the Division of

| Industrial Safety, Department of Industrial Relations, including but not limited to Title VINJ,

| Group 9 (Control of Hazardous Substances), Article 81, § 4150, § 4106, § 4107, and § 4108,

| and Threshold Limit Values as documented for asbestos and other toxic substances under

| Appendix A, Table 1 of said Safety Orders; additionally; Californi de

§ 40.200, et seq., which empowers the Bay Area Air Quality Management District (B.A.A.Q.D.)
| to promulgate regulations including, but not limited to B.A.A.O.D. Regulation 11, Rules 2 and

27 | CONTRACTOR LIABILITY DEFENDANTS to provide specific safeguards or precautions to
28 prevent or reduce the inhalation of asbestos dust and other toxic fumes or substances; and said

( : 99. © Copyright 2003 Brayton Purcell
BRAYTON® PURCELL MASTER COMPLAINT FOR PE IAL. INJURY [AND LOSS OF CONSORTIUM] - ASBESTOS12
13

OC OF NDA We WON
poe

J 100 © Copyright 2003 Bravion Purcell
SHRAFIONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY (AND LOSS OF CONSORTIUM - ASBESTOS .

PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS failed to provide the
required safeguards and precautions, or contractors employed by the PREMISES
OWNER/CONTRACTOR LIABILITY DEFENDANTS failed to provide the required safeguard
and precautions. Defendants’ violations of said codes include, but are not limited to:

(a) Failing to comply with statutes and allowing ambient levels of airborne
asbestos fiber to exceed the pérmissible/allowable levels with regard to the aforementioned
Statutes; ,

() Failing to segregate work involving the release of asbestos or other toxic
dusts;

{c) Failing to suppress dust using prescribed ventilation techniques;

(d) Failing to suppress dust using prescribed "wet down" techniques;

-(@) Failing to warm or educate plaintiff or others regarding asbestos or other
toxic substances on the premises:

(f) Failing to provide approved respiratory protection devices;

(g) Failing to ensure "approved" respiratory protection devices. were used
adequately; :

(h) Failing to provide for an on-going health screening program for those

exposed to asbestos on the premises,
(i) Failing to. provide adequate housekeeping and clean-up of the work place;
i) Failing to adequately warn of the hazards associated with asbestos as
required by these statutes;
(k) Failing to adequately report renovation and disturbance of asbestos-
containing materials, including but not limited to B,A.A.O.M.D. Regulation 11, Rules 2 and 14;
g Failing to have an asbestos removal supervisor as required by regulation;
(m) Failing to get approval for renovation as required by statutes; and

(n) Failing to maintain records as required by statute.oO wm MON RB Ww NM

wR oR nn pee meme ott
Bee e eS eee

96,. PREMISES OWNER/CONTRACTOR LIABILITY DEFENDANTS, and each o
them, were the "statutory employer” of plaintiff as defined by the California Labor Code and
California case law.

97, — Plaintiff at all times was unaware of the hazardous condition or the risk of
personal injury created by defendants’ violation of said regulations, ordinances, or statutes.

98. _Atall times mentioned herein, plaintiff was a member of the class of persons
whose safety was intended to be protected by the regulations, standards, statutes, or ordinances
described in the foregoing paragraphs.

99.  Atall times mentioned herein, said PREMISES OWNER/CONTRACTOR
LIABILITY DEFENDANTS, and each of them, knew, or in the exercise of ordinary and
reasonable care should have known, that the premises that were. in their control would be used
without knowledge of, or inspection for, defects or dangerous conditions, that the persons ese
and using said premises would not be aware of the aforesaid hazardous conditions to which they
were exposed on the premises, and that such persons were unaware of the aforesaid violations of
codes, regulations, and statutes.

100, As a proximate result of the foregoing, plaintiff developed asbestos-related illness,
which hag caused great injury and disability as previously set forth, and plaintiff has suffered
damages as herein alleged.

WHEREFORE, plaintiff prays judgment against defendants, their ALTERNATE
ENTITIES, and each of them, as hereinafter set forth.

Fe eathiiees) HON
AS AND FOR A FURTHER, SIXTH, SEPARATE AND DISTINCT CAUSE OF
ACTION FOR UNSEA WORTHINESS, PLAINTIFF COMPLAINS OF DEFENDANTS ON
EXHIBIT D, DOES 2001-2500, THEIR ALTERNATE ENTITIES, AND EACH OF THEM
(hereinafter referred to as JONES ACT DEFENDANTS), AND ALLEGES AS FOLLOWS:
101. Plaintiff incorporates herein by reference, as though fully set forth hereat, each
and every paragraph of the First, Second, and Third Causes of Action.

101 Vt 21 seburcell
GBRAYTONS PURCELL MASTER COMPLAINT FOR PERSONAL INJURY TAND LOSS: OF CONSORT! ~ ASBESTOS