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.
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Preview
BRAYTON*PURCELL LLP ATTORNEYS AT LAW oem NY KD A BY 10 ALAN R. BRAYTON, ESQ., 8.B. #73685 DAVID R. DONADIO, ESQ., 8.B. #154436 OREN P. NOAH, ESQ., S.B. #136310 ELECTRONICALLY ASHLEY J. BENSON, ESQ., S.B. #276326 BRAYTON%PURCELL ie F I L E D Attorneys at Law 222 Rush Landing Road Superior Court of California, County of San Francisco P.O. Box 6169 APR 25 2013 Novato, California 94948-6169 Clerk of the Court (415) 898-1555 BY: ALISON AGBAY Tentative Ruling Contest Email: contestasbestosTR@braytonlaw.com Deputy Clerk Attorneys for Plaintiffs SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO ASBESTOS No. CGC-10-275731 ROBERT ROSS and JEAN ROSS, Plaintiffs, PLAINTIFFS' EVIDENTIARY OBJECTIONS TO THE DECLARATIONS OF HOWARD SPIELMAN IN SUPPORT OF DEFENDANT ROUNTREE PLUMBING & HEATING, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION vs. C.C. MOORE & CO. ENGINEERS; Defendants as Reflected on Exhibit | attached to the Summary Complaint herein; and DOES 1-8500. eee 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 Plaintiffs respectfully request the Court to rule on plaintiffs’ evidentiary objections in accordance with Cal. Rules of Court, rules 3.1352 and 3.1354, Reid v. Google, Inc. (2010) 50 Cal.4th 512, Vineyard Springs Estates, LLC v. Super. Ct, (Wyatt) (2004) 120 Cal.App.4th 633, 635; Sambrano v. City of San Diego (2001) 94 Cal_App.4th 225, 235; Laird v. Capital Cities/ABC, Inc, (1998) 68 Cal.App.4th 727, 736, and Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2005) 4 10:301.1, ch. 10-F, Mt i objs RNIPLU pd 1 Opn, DENTIARY OBJECTIONS 10 THE DECLARATIONS OF HOWARD SPIELMAN IN SUPPORT OF DEFENDANT ROUNIREE PLUMBING & HEATING, INC."S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ACo em YW KD hw BR YY 10 Plaintiffs object to and move to strike, defendant’s proffered evidence as follows: 1. Plaintiffs object to, and move to strike, the Declaration of Howard Spielman in its entirety. Material Objected To: Grounds for Objection: 1. Spielman Declaration in its entirety. 1. The declaration lacks foundation, is based upon speculation and hearsay, is irrelevant and therefore inadmissible. (Evid. Code $§ 210, 350, 403, 405, 702, 1200-1205.) Spielman’s opinions regarding the potential authenticity of The Asbestos Worker journais lack foundation, are based upon speculation and hearsay and are therefore irrelevant and inadmissible. No foundation has been offered to show that Spielman is capable of authenticating any volumes of The Ashestos Worker journals, let alone those at issue here. Further, in reliance on Mr. Steele’s deposition testimony, Spielman fails to indicate when Mr. Steele joined the union so as to have foundation to testify regarding the authenticity of any issues of The Asbestos Worker. Thus, any opinions that Mr. Steele may have about the union or its members prior to him joining the union are lacking in foundation, speculative, irrelevant and therefore inadmissible. COURT’S RULING ON OBJECTION NO. 1: Dated: Sustained: Overruled: 2. Plaintiffs object to, and move to strike, the Declaration of Howard Spielman, paragraph II, p. 5:10-20. Material Objected To: Grounds for Objection: 2. Spielman Decl., paragraph 11, p. 5:10- 2. The declaration lacks foundation, is based 20, which states as follows: upon. speculation and hearsay, is irrelevant and therefore inadmissible. (Evid. Code “T have reviewed the above twenty-two (22) §§ 210, 350, 403, 405, 702, 1200-1205.) issues of The Asbestos Worker that were produced at the deposition of Mr. Steele, No foundation has been offered to show that and have compared them to my retained set Spielman is capable of authenticating any of The Asbestos Worker journals from the volumes of The Asbestos Worker journals, International association of Heat & Frost let alone those at issue here. This statement Insulators and Asbestos Workers Union. lacks foundation, is based upon speculation K Ainjurek 0849p ldiovid obje RNIPLU.Wpd 2 Opn, PLAIN VIDENTIARY OBJECTIONS 10 THE DECLARATIONS OF HOWARD SPIELMAN IN SUPPORT OF DEFENDANT ROO R Oy BING & HEATING, INC."S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ACO OW YN DR A BY De RM NR NY NYY BR Ye Be Be Se Se ee Be Be Be eo WA A PB OH se So we IY DR mA BW BW ee oS All of the issues of The Asbestos Worker and hearsay (Steve Steele’s deposition - see that were produced at Mr. Steele’s objection No. 1 above), and is therefore deposition have the same format and. irrelevant and inadmissible. categories as The asbestos Worker journals from the International Association of Heat Further, in reliance on Mr. Steele’s & Frost Insulators and Asbestos Workers deposition testimony, Spielman fails to Union that I possess. Based on the indicate when Mr. Steele joined the union appearance and contents of the journals so as to have foundation to testify regarding produced at Mr. Steele’s deposition, and the authenticity of any issues of The when compared to my set of Journals, there Asbestos Worker, Thus, any opinions that is no reason to doubt that the twenty-two Mr. Steele may have about the union or its (22) issues of The Asbestos Worker journals members prior to him joining the union are produced at Mr, Steele’s deposition are true lacking in foundation, speculative, irrelevant and correct copies of The Asbestos Worker, and therefore inadmissible. the official journal of the International Association of Heat & Frost Insulators and Asbestos Workers Union.” COURT’S RULING ON OBJECTION NO. 2: Dated: Sustained: Overruled: 3. Plaintiffs object to, and move to strike, the Declaration of Howard Spielman, paragraph 12 in its entirety, p. 5:21-26. Material Objected To: Grounds for Objection: 3. Spielman Decl., paragraph 12, p. 5:21-26 3. The declaration lacks foundation, is based which states as follows: upon speculation and hearsay, is irrelevant and therefore inadmissible. (Evid. Code “Tt is therefore my opinion, that all twenty- $§ 210, 350, 403, 405, 702, 1200-1205.) two (22) issues of The Asbestos Worker journals produced and attached as Exhibits No foundation has been offered to show that E1-E11 and F-P to the deposition of Steve Spielman is capable of authenticating any Steele, Volume I, on August 21, 2009, are volumes of The Asbestos Worker journals, true and correct copies of the official let alone those at issue here. This statement journal of the International Association of lacks foundation, is based upon speculation Heat & Frost Insulators and Asbestos and hearsay and is therefore irrelevant and Workers Union, The Asbestos Worker.” inadmissible. Further, in reliance on Mr. Steele’s deposition testimony, Spielman fails to indicate when Mr. Steele joined the union so as to have foundation to testify regarding the authenticity of any issues of The Asbestos Worker. Thus, any opinions that Mr. Steele may have about the union or its members prior to him. loming the union are lacking in foundation, speculative, irrelevant and therefore inadmissible. 3 orn EVIDENTIARY OBJECTIONS 10 THE DECLARATIONS OF HOWARD SPIELMAN IN SUPPORT OF DEFENDANT LE [GY MBING & HEATING, INC."S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARYCo em YW KD hw BR YY 10 COURT’S RULING ON OBJECTION NO, 3: Dated: Sustained: Overruled: 4, Plaintiffs object to, and move to strike, the Declaration of Howard Spielman, paragraph 13 in its entirety, and corresponding exhibits. Material Objected To: Grounds for Objection: 4, Spielman Decl., paragraph 13, which 4. The declaration lacks foundation, is states as follows: based upon speculation and hearsay, is irrelevant and therefore inadmissible. “Tt is further my opinion, absent evidence to (Evid. Code §§ 210, 350, 403, 405, 702, the contrary, and based on my training, 1200-1205.) experience, review and comparison of the aforementioned, that, specifically: No foundation has been offered to show that Spielman is capable of authenticating any (A) The Asbestos Worker, April 1957 volumes of The Asbestos Worker journals, produced at the deposition of Steve Steele let alone those at issue here. This statement on August 21, 2009 and attached thereto as lacks foundation, is based upon speculation Exhibit M, is a true and correct copy of the and hearsay and is therefore irrelevant and April 1957 official journal of the inadmissible. International Association of Heat & Frost insulators and Asbestos Workers Union, Further, in reliance on Mr. Steele’s The Asbestos Worker (attached hereto as deposition testimony, Spielman fails to Exhibit 1); indicate when Mr. Steele joined the union so as to have foundation to testify regarding (B) The Asbestos Worker, October 1957 the authenticity of any issues of The produced at the deposition of Steve Steele Asbestos Worker, Thus, any opinions that on August 21, 2009 and attached thereto as Mr. Steele may have about the union or its Exhibit G, is a true and correct copy of the members prior to him joining the union are October 1957 official journal of the lacking in foundation. speculative, irrelevant International. Association of Heat & Frost and therefore inadmissible. insulators and Asbestos Workers Union, The Asbestos Worker (attached hereto as Exhibit 2); (C) The Asbestos Worker, April 1958 roduced at the deposition of Steve Steele on August 21, 2009 and attached thereto as Exhibit P, is a true and correct copy of the April 1958 official journal of the International Association of Heat & Frost Insulators and Asbestos Workers Union, The Asbestos Worker (attached hereto as Exhibit 3): (D) The Asbestos Worker, May 1959 produced at the deposition of Steve Steele on August 21, 2009 and attached thereto as Exhibit N, is a true and correct copy of the May 1959 official journal of the International Association of Heat & Frost = ‘pldievid obj RNFPLU.wpd 4 orn VIDENTIARY OBJECTIONS TO THE DECLARATIONS OF HOWARD SPIELMAN IN SUPPORT OF DEFENDANT Ke\iurodh PLAIN ROUNTREE PLUMBING & HEATING, INC."S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONCo em YW KD hw BR YY 10 Insulators and Asbestos Workers Union, The Asbestos Worker (attached hereto as Exhibit 4); (E) The Asbestos Worker, November 1961 produced at the deposition of Steve Steele on August 21, 2009 and attached thereto as Exhibit H, is a true and correct copy of the November 1961 official journal of the International Association of Heat & Frost Insulators and Asbestos Workers Union, The Asbestos Worker (attached hereto as Exhibit 5); (F) The Asbestos Worker, February 1963 produced at the deposition of Steve Steele on August 21, 2009 and attached thereto as Exhibit I, is a true and correct copy of the February 1963 official journal of the International Association of Heat & Frost Insulators and Asbestos Workers Union, The Asbestos Worker (attached hereto as Exhibit 6); (G) The Asbestos Worker, February 1964 produced at the deposition of Steve Steele on August 21, 2009 and attached thereto as Exhibit J, is a true and correct copy of the February 1964 official journal of t International Association of Heat & Frost Insulators and Asbestos Workers Union, The Asbestos Worker (attached hereto as Exhibit 7); o (H) The Asbestos Worker, November 1964 produced at the deposition of Steve Steele on August 21, 2009 and attached thereto as Exhibit K, is a true and correct copy of the November 1964 official journal of the International Association of Heat & Frost Insulators and Asbestos Workers Union, The Asbestos Worker (attached hereto as Exhibit 8); (D The Asbestos Worker, August 1965 produced at the deposition of Steve Steele on August 21, 2009 and attached thereto as Exhibit O, is a true and correct copy of the August 1965 official journal of the International Association of Heat & Frost Insulators and Asbestos Workers Union, The Asbestos Worker (attached hereto as Exhibit 9);” Me KAinjucedt9340ipldievid objs RNTPLULwpd 5 orn PLAIN VIDENTIARY OBJECTIONS TO THE DECLARATIONS OF HOWARD SPIELMAN IN SUPPORT OF DEFENDANT ROUNTREE PLUMBING & HEATING, INC."S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONCo em YW KD hw BR YY 10 COURT’S RULING ON OBJECTION NO, 4: Dated: Sustained: Overruled: 5. Plaintiffs object to, and move to strike, Exhibits 1-9 to the Declaration of Howard Spielman. Material Objected To: Grounds for Objection: 5. Spielman Decl., Exhibits 1-9 5. Exhibits 1-9 are purportedly “true and correct copies” of The Asbestos Worker journals. However, the documents have not been properly authenticated, and are therefore inadmissible hearsay. (Evid. Code §§ 210, 350, 403, 405, 702, 1200-1205.) No foundation has been offered to show that Spielman is capable of authenticating any volumes of The Ashestos Worker journals, let alone those at issue here. COURT’S RULING ON OBJECTION NO. 5: Dated: Sustained: Overruled: Dated: _ 04/25/13 BRAYTON*PURCELL LLP By: /s/ Oren P. Noah Oren P. Noah Attormeys for Plaintiffs K Ainjurek 0849p ldiovid obje RNIPLU.Wpd 6 Opn, PLAIN VIDENTIARY OBJECTIONS 10 THE DECLARATIONS OF HOWARD SPIELMAN IN SUPPORT OF DEFENDANT ROUNTREE PLUMBING & HEATING, INC."S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY R 4