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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BISHOP | BARRY | DRATH A PROFESSIONAL CORPORATION g § g a Ss Tel. No. (516) 596-0888 Facsimi 2 g 3 g Z s s = g a 8 & 3 2 é 5 8 3 R BISHOP | BARRY | DRATH MARY MARGARET RYAN, SBN 127828 CAROL L. HEALEY, SBN 61461 ELECTRONICALLY 2000 Powell Street, Suite 1425 s F I L ED Emeryville, California 94608 superior Court of California, Telephone: (510) 596-0888 County of San Francisco ‘mile: FEB 27 2013 Facsimile: (510) 596-0899 Clerk of the Court BY: EDNALEEN JAVIER Attorneys for Defendant Deputy Clerk FOLEY ELECTRIC, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO ~ UNLIMITED JURISDICTION ROBERT ROSS and JEAN ROSS, Case No. CGC 16 -275731 Plaintiffs, DECLARATION OF MARY MARGARET RYAN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY vs DEFENDANT FOLEY ELECTRIC, INC. Bate: May 9, 2013 Time: 9:30 am Dept: 503 C.C. MOORE & CO. ENGINEERS, et al., Judge: Hon, Teri L, Jackson Defendants. Complaint Filed; December 17, 2010 3rd Amd. Complaint: May 8, 2012 Trial Date: June 10, 2013 Mary Margaret Ryan declares: 1. Tam an attorney at law authorized to practice in all courts of this State, and am a shareholder with the law firm of Bishop | Barry | Drath. I have personal knowledge of the following facts and am competent to testify thereto. 2. Tam one of the attorneys who has provided a defense to Foley Electric, Inc. in this 3. In the present case plaintiff alleges that he worked around Foley Electric at a non- refinery site, a Pacific Telephone building in San Francisco, in addition to the refinery sites 1 DECLARATION OF MARY MARGARET RYAN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY FOLEY ELECTRIC, INC.APROFESSIONAL CORPORATION 2000 Powell Street, Suite 1425, Emery’ =z 2 a & te < a g a a a 2 3 = & s € € a 3 0) 596-0899 Tel. No. (510) 596-0888 Facsimi referenced in plaintiff's pleadings and written discovery. 4, Attached as Exhibit F to the Appendix of Exhibits is a true and correct copy of Foley Electric, Inc.’s Answer to Third Amended Complaint. 5. Attached as Exhibit H to the Appendix of Exhibits is a true and correct copy of the title page and all pages from Plaintiffs’ verified Answers to Standard Asbestos Case Interrogatories, Set Two, that include reference to Foley Electric. 6. Attached as Exhibit I to the Appendix of Exhibits is a true and correct copy of the title page and all pages from Plaintiffs’ verified Supplemental/Amended Answers to Standard Asbestos Case Interrogatories that include reference Foley Electric, 7. Attached as Exhibit J to the Appendix of Exhibits is a true and correct copy of - those pages of Exhibit “B” to the plaintiffs’ Answers to Standard Asbestos Case Interrogatories, Set Two, which reference a “Foley” entity. 8. Attached as Exhibit K to the Appendix of Exhibits is a true and correct copy of Defendant Foley Electric, Inc.’s Request for Admissions to Plaintiff Robert Ross. 9. Attached as Exhibit L to the Appendix of Exhibits is a true and correct copy of plaintiffs’ Responses to Request for Admissions. 10. Attached as Exhibit M to the Appendix of Exhibits is a true and correct copy of Defendant Foley Electric, Inc.’s Form Interrogatories to Plaintiff Robert Ross, consisting only of Form Interrogatory No. 17.1 relating to plaintiffs’ responses to Foley’s Requests for Admission. 11. Attached as Exhibit N to the Appendix of Exhibits is a true and correct copy of plaintiffs’ Responses to Form Interrogatories and letter with verification. 12. Attached as Exhibit O to the Appendix of Exhibits is a true and correct copy of a letter from plaintiffs’ counsel with Verifications by Robert Ross to his discovery responses. 13. Attached as Exhibit P to the Appendix of Exhibits is a true and correct copy of Foley Electric, Inc.’s Request for Production of Documents to Plaintiff Robert Ross. 14. Attached as Exhibit Q to the Appendix of Exhibits is a true and correct copy of plaintiffs’ Response to Defendant Foley Electric Inc.’s Request for Production of Documents. 15. Attached as Exhibit R to the Appendix of Exhibits is a true and correct copy of 2 DECLARATION OF MARY MARGARET RYAN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY FOLEY ELECTRIC, ENC.BISHOP | BARRY | DRATH APROFESSIONAL CORPORATION 2000 Powell Street, Suite 1425, Emeryville, California 94608 Tel. No. ($10) 596-0888 Facsimile (510) 596-0899 cop wm NY DA HW FF WN & Foley Electric, Inc.’s Special Interrogatories to Plaintiff Robert Ross. 16. Attached as Exhibit $ to the Appendix of Exhibits is a true and correct copy of plaintiffs’ Response to Defendant Foley Electric, Inc.’s Special Interrogatories, title page and pages referencing Special Interrogatories No, 2 and 3. 17. There is no reference to Foley Electric at other jobsites in plaintiffs’ Response to Defendant Foley Electric, Inc.’s Special Interrogatories other than the Pacific Telephone jobsite referenced in response to No. 3. 18. Attached as Exhibit T to the Appendix of Exhibits are true and correct copies of those pages from the deposition transcript of plaintiff Robert Ross wherein he only recalls Foley Electric at a Pacific Telephone building during a time predating when this moving party began its business. (See also John Philpott Declaration served and filed herewith.) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 21, 2013 at Emeryville, California. MARY GARET RYAN 7 3 DECLARATION OF MARY MARGARET RYAN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BY FOLEY ELECTRIC, INC.