Motion,Ex Parte: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

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Preview
                                Defendants as Reflected on Exhibit 1

- bereits and 1 DOES. 1-8500.

: PATRICIA G. ROSENBERG, SBN. 154820.

HAAS & NAJARIAN, LLP

|| 58 Maiden Lane, Second Floor

San Francisco, CA 94108
Telephone: 415.788.6330

JAMES N. SINUNU, ‘SBN 62802
JUNIPER BACON, SBN 256687
SINUNU BRUNI LLP” way
333 Pine Street, Suite 400°
San Francisco, CA.94104
Telephone: 415.362.9700
415.362.9707...
naube

‘Attomeys for Defendant ~ :
MCCLURE ELECTIG, D INC.

: SUPERIOR COURT OF THE STATE OF ‘CALIFORNIA = :
cITY AND COUNTY OF SAN FRANCISCO-UNLIMITED JURISDICT ON

ROBERT ROSS and JEAN ROSS,

 Plaintifis,

CC. MOORE & CO. ENGINEERS:

attached to the Summary Complaint

Defendants.

: “Case No. Cac-10275731

a eine

RECORD:

: “To THE court AND TO ALL PARTIES AND THEIR ATTORNEYS OF. oS =

. “Pursuant to the Code oft Civil Procedure Section 4 4370. and California Rules of Cot,

“SUMMARY JUDGMENT OR, IN THe
ALTERNATIVE, SUMMARY

© “ELECTRONICALUY
FILED|.

Superior Court of California;
Caunty of San-Francis¢o.

“FEB 28 201
~Cterk of the Cou
“BY: CAROL BALISTRER!

Beputy lerk :

DEFENDANT MCCLURE ELECTRIC,
INC.’S SEPARATE STATEMENT OF -
‘UNDISPUTED MATERIAL FACTS IN -
SUPPORT OF ITS MOTION FOR.

ADJUDICATION
Date: May 9, 2013

9:30 am. -
503.

. Jackson a
~ Complaint Filed: December 1% 2010.
° Trial Date: 7 dune 10, 2013

MOCLURE ELECTRIC, INC'S ‘SEPARATE STATEMENT OF. UNDISPUTED MATERIAL FACTS ™ SUPPORT. ‘OF. ITs, MOTION.
AE ‘POR SUMMARY JUDGMENTRule 3.1350(d), Defendant MCCLURE ELECTRIC, INC. (hereinafter “MCCLURE | :
ELECTRIC” or “Defendant”) hereby submits this Separate Statement of Undisputed Material *
Facts i in support ofits Motion for ‘Summary Judgment as to all of Plaintiffs’ causes of action

or altematively summary adjudication.

{Bo STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ~
MOTION FOR SUMMARY JUDGMENT © se

MCCLURE. ELECTRIC’s Undisputed
Material Facts and Supporting Evidence
Plaintiffs Robert Ross and Jean Ross filed a
Complaint for personal injury for Robert . -
Ross's asbestos-related disease on
| December 17, 2010, and a Second
Amended Complaint on May 16, 2011;
MCCLURE ELECTRIC filed an answer to
Plaintiffs’ Second Amended Complaint on
December. 28, 2011.0

‘Plaintiffs’ + Respoune and Supporting
~Evidence

See Request for Judicial Notice, filed.
concurrently herewith. Second Amended
Complaint, filed May 16, 2011, and Proof
| of Service of Summons and Complaint,

~.| MCCLURE ELECTRIC, Inc., attached as
Exhibit A to the Declaration of Juniper :
Bacon (‘Bacon Decl. ye :

|| As against MCCLURE ELECTRIC,
Plaintiff asserts the following causes of
action: Negligence, Strict Liability, Loss. of.
Consortium, and Premises Owner /
Contractor Lisbility. :

| Second ‘Amended Complaint attached as as
Exhibit A to Bacon Decl. .
Generally, plaintiff claims that he was
exposed to asbestos as a Tesult of his work
as an insulator from 1959.until 1993, at cope
_| numerous commercial and industrial M
locations, primarily i in Northem California.

: Plains work cso. as Exhibit A to

2 : :
MCCLURE ELECTRIC. INC. “S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS mn SUPPORT OF iTS: MOTION
. “FOR SUMMARY. JUDGMENT notMCCLURE ELECTRIC’s Undisputed ©

Plaintiffs’ Response and Supporting
Material Facts and Supporting Evidence =

Evidence °

Plaintiffs! Second Amended Complaint, ©
attached as Exhibit A to Bacon Decl.

| thermal insulation and insulating cement,

Plaintiffs : responses to Standard Asbestos

Prior to his work as an insulator, plaintiff
claims that between February 1959 and:
January 1960, he was exposed to asbestos
as a result of his work as a warehouseman
at a warehouse where he unloaded boxcars
of asbestos-containing products; he also. |
swept floors and delivered asbestos-
containing materials to job sites. Plaintiff
claims that he unloaded or delivered

Case Interrogatories, attached as Exhibit B
to Bacon Decl., at 8:11-9:9. cones

MCCLURE ELECTRIC propounded
special interrogatories and requests for.
production of documents seeking all facts,
witnesses and documents in support of
Plaintiffs’ claims against MCCLURE - ss
BLECTRIC. ats

See generally, M MCCLURE ELECTRIC’s
Special Interrogatories and Requests for
Production of Documents to Plaintiff,
attached as Exhibits Cand D to Bacon
Deel.

as Exhibit Gto Bacon Deel...

Plaintiff served amended responses to
MCCLURE ELECTRIC's Special
Discovery on December 19, 2012; -

te verifications to same ‘were served on.

January 3, 2013.

- | Plaintiffs‘ Responses to MCCLURE

ELECTRIC’s Special Intetrogatories
attached as Exhibit E to Bacon Decl.;
Plaintiffs' Responses to MCCLURE.

“| ELECTRIC's Requests for Production of .

Documents attached as Exhibit F to Bacon |
Decl.; and Plaintiffs’ Verifications attached

3

MCCLURE ELECT INC. 'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT: OF ITS MOTION».

FOR SUMMARY JUDGMENTMCCLURE ELECTRIC’s Undisputed
Material Facts and Supporting Evidence
-| As to MCCLURE ELECTRIC, Plaintiffs
claim that that Robert Ross was exposed to
| asbestos as result of activities by. :

-| MCCLURE ELECTRIC at one job
“| location: the Mills Building i in San
Francisco, CA.

Plaintiffs’ Response and Supporting
: Evidence

Plaintiffs! ‘Amended Responses t to.
MCCLURE ELECTRIC's Special
Interrogatory No. 1, at 1:27-28; attached as
Exhibit E to Bacon Decl.

Plaintiffs claim that MCCLURE
‘ELECTRIC electricians exposed to him
asbestos by disturbing previously sprayed
asbestos-containing overhead fireproofing
(that looked like small curd cottage cheese)
while setting their pipe and conduit at the
Mills Building between 1967 and 1972. .

Plaintiffs’ Amended Responses to
MCCLURE ELECTRIC's Special
Interrogatory No. 2, at 2:5-11; attached as
Exhibit E to Bacon Decl.; Relevant
portions of Robert Ross's Deposition
Testimony, at 2362:6-8; 2362:14-15,
attached as Exhibit H to Bacon Decl. -

...| Plaintiff testified that he worked for a total -
-| of ten man-days at the Mills Building

-| between 1967 and 1972, « ona total of three -
different. Jobs.

. Relevant pottions of Robert Ross's.
-| Deposition Testimony, at 2349:19-2350:1;
‘| 2351:18-20; 2352:2- “4; attached as Exhibit
<2... | SBl'to Bacon Deel. -
. | On each of the three different ia Plaintift
| worked on: n ducts,

| Relevant portions of Robert Ross's
Deposition Testimony, at 2352:7-9;
| attached as Exhibit Hi to Bacon Decl. : a8
is Piatt tested that his job at the Mills [em

aes

MCCLURE ELECTRIC, INC'S. SEPARATE STATEMENT OF ‘UNDISPUTED MATERIAL FACTS IN SUPPORT. OF ITS MOTION
: FOR SUMMARY JUDGMENT: : :.| MCCLURE ELECTRIC’s Undisputed
Material Facts and Supporting Evidence
Building was to insulate pipe and duct for ~
air conditioning and heating, however, he
could not recall what kind of heating
system was at the Mills Building. .

Plaintiffs’ Response and Supporting
Evidence

Relevant portions of Robert Ross's
Deposition Testimony, at 2350:5-7; .
-| 2350:10-14; 2350:17-22; attached as
~ | Exhibit H to Bacon Decl. :
. | According to plaintiff, the ducting he
_| worked on at the Millis Building was forced
air heating, going to rooms to. heat and cool
the rooms.

Relevant portions of Robert Ross's -
Deposition Testimony, at.2354:17-22;°
attached as Exhibit H to Bacon Decl.
13..| Plaintiff does not recall what floors he

| worked on, how many floors he worked on,
or what rooms he worked in, other than it
was "inside" the balding and that it was >
remodel work,

: Relevant portions of Robert Ross's © -

Deposition Testimony, at 2352:5- 65.

2352:10-14; 2352:22-24; 2354:12-16;

attached as Exhibit H to Bacon Decl.

14. | Plaintiff does not know if he worked i in the oy
new or fhe old part of the building. yo

Relevant portions of Robert Ross' s.
Deposition Testimony, at-2353:6-7; ~~
2353:11; attached a3, Exhibit H to, Bacon °
<1] Decl.
15. | Plaintiff saw Clectricians onevery one of.
| the ten days he was at the Mills. Building,
'| though he does not recall if they were the _-
same electricians or different electricians.

: Relevant portions ¢ of Robert Ross's - S
Deposition Testimony, at 2355:5-13;
os attached as Exhibit H to Bacon Decl.

5

-MCCLURE. HLECTRIC, INC'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF 1s MOTION
. “POR: SUMMARY JUDGMENT ~AI: wECEURE ELECTRIC, INC'S SEPARATE STATEMENT OF UNDISPUTED ) MATERIAL FACTS IN SUPPORT OF.ITS MOTION :

Se
‘Material Facts and Supporting Evidence | — : Evidence .

16.| Plaintiff saw MCCLURE ELECTRIC... J
electricians every day that he was at the
Mills Building” ws

Relevant portions of Robert Ross's

Deposition Testimony, at 2355:16-17;

“| 2355:22; 2355:24-: 25; attached as Exhibit

Hto Bacon Decl.

..| MCCLURE ELECTRIC. was working in

‘: | bathrooms, hanging pipe on unistruts to
~.| connect the lights or running to fixtures. _

“| Relevant portions of Robert Ross's
..| Deposition Testimony, at 2356:1-12; . ..
attached as Exhibit H to Bacon Decl.

To hang pipe, MCCLURE ELECTRIC. __
hung unistruts with clamps from the one
with rebar,

Relevant portions of Robert Ross's 'S
Deposition Testimony, at 2356:1-12;
2356:13-16; 2356:19-23; attached a as
Exhibit H to Bacon Decl. . :
. | Plaintiff recalls that the ceiling was cement,
and that MCCLURE ELECTRIC scraped
off fireproofing first and was shooting . ce
studs. into the ceiling. a

: Relevant portions of Robert Ross’ 'S
| Deposition Testimony, at 2356:1-12; -
2357:11-17; 2360:7-9; 2360: 13-20; :
attached as Exhibit Hi to Bacon Decl.
. | To.shoot the studs into the ceiling,
“MCCLURE ELECTRIC used a stud gun.

Relevant portions. of Robert Ross's
Deposition Testimony, at 2357:4-9;
--| attached as Exhibit H to Bacon Decl. :
1. | Most of the time, MCCLURE ELECTRIC
"| hung their pipe on unistruts, though
“| occasionally they: ran it over. another pipe
or over a duct.

‘6.

~ FOR SUMMARY JUDGMENT.MCCLURE ELECTRIC’s Tnaispated
Material Facts and Sup; po 2

Piatt Response and Supporting
: Evidence

Relevant portions of: Robert Ross's :
Deposition Testimony, at 2358:8-14;
attached as Exhibit H to Bacon Decl.

..| Plaintiff cannot recall how many times he _
~| saw MCCLURE ELECTRIC shooting into
the ceiling to hang unistruts. ~ Me

: Relevant portions of. Robert Ross's»
Deposition Testimony, at 2358:20-24;
attached as Exhibit H to Bacon Decl. :
23.| Plaintiff does not know when the -°
~~ | fireproofing that he claims that MCCLURE.
ELECTRIC disturbed was installed. »

Relevant portions of Robert Ross's

Deposition Testimony, at 2359:3-4;

~ | 2359:12-14; attached as Exhibit H to
“| Bacon Decl. :

24.) Plaintiff does not know the brand or

-| manufacturer of any fireproofing type.

material that he claims that MCCLURE wi

ELECTRIC disturbed.

Relevant portions of Robert Ross's ~ a
_| Deposition Testimony, at 2360:4-6; ~
_| attached as Exhibit H to Bacon Decl.
25. Plaintiff described material that he labeled.
2) as fireproofing at the Mills Building as
being grey. and looking like oatmeal.

. Relevant portions of. Robert Ross's
Deposition Testimony, at 2359:15-17;
1 2360-1 5 attached as Exhibit H to Bacon
=) Decl
26.| Although he paonally never. Tistalled
- | fireproofing, plaintiff believes that such
| fireproofing material contained asbestos
| because he feels that he knows the oe
difference between asbestos fireproofing —
and non-asbestos fireproofing he sited ©

__| color, texture, and smell).

= MCCLURE ELECTRIC, NCS SEPARATE STATEMENT ‘OF UNDISPUTED. MATERIAL Facts IN SUPPORT OF Ts MOTION.
. “FOR SUMMARY JUDGMENTMCCLURE ELECTRIC’s Undisputed
Material Facts and Supporting Es Evidence

Relevant portions of: Robert Ross's

Deposition Testimony, at 2361 :21-2362:5; -;

attached as Exhibit H{ to Bacon Decl.

Plaintiffs’ Response and a Supporting :

Evidence _

27.

28.

Plaintiff does not know the names of any.
MCCLURE ELECTRIC employees he
claims worked at the Mills Building and he

does not recall speaking with any of them.

Relevant portions of Robert Ross's >

-. | Deposition Testimony, at 2358:2-7;
>| 2362:17-19; attached as Exhibit H to

Bacon Decl. .

Plaintiff does hot recall any job other than
the Mills Building where he saw -
MCCLURE ELECTRIC at the job with
Relevant portions of Robert Ross's ~
Deposition Testimony, at 2362:20-2363:3;
attached as Exhibit Hi to Bacon Decl. -

29.

Plaintiff testified that he does not know of
any documents that would refresh his |

: recollection regarding MCCLURE. :
-| ELECTRIC: 3°: co

Relevant -ortons of Robeit Ross's 'S
Deposition Testimony, at 2364:9-12;
attached.as Exhibit Bito Bacon Decl.

30.

‘When asked if there are any persons who.

: might refresh his memory regarding
MCCLURE ELECTRIC, plaintiff testified -

that Robert Cantley. came by one.day.on
one of: the jobs at the Mills Building,

though he cannot recall when or which job. :
Further, in response:to. subsequent written

discovery asking for all witnesses in... -
support of his claims against MCCLURE

~:| ELECTRIC, Plaintiffs do n not identify Mr. >
‘| Cantley as a witn :

Relevant potions of Robert Ross's Se

ao

MCCLURE F ELECT, INC'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT. OF: Ts MOTION
».FOR SUMMARY: JUDGMENT . SMCCLURE ELECTRIC’ Undisputed
‘Material Facts and Supportin, Evidence
Deposition Testimony, at 2363:4-6;
2363;16-2364:5; attached as Exhibit Hto -
Bacon Decl.; Plaintiffs' Amended”.

_| Responses to MCCLURE ELECTRIC’s
“| Special Interrogatories, No. 5, attached as
Exhibit E to Bacon Decl. at 18:24-28.

Jean Ross stipulated that she will not offer
any product identification testimony as to
MCCLURE ELECTRIC or any. other
newly served defendant. oo

. Plaintiffs’ ‘Response and Sopporing
_. Evidence

31.

-] Relevant portions of Plaintiff Jean Ross's 'S-
: Deposition Testimony, at 8:16-9: 7;
attached as Exhibit Ito Bacon Decl.

. | Several months after plaintiffs deposition

"| concluded, in response to an interrogatory
request for-all witnesses in support of his. :
claims against MCCLURE ELECTRIC,
Plaintiffs identified ed only Robert and Jean

~ Ress, : :

Plaintiffs Amended Responses to

MCCLURE ELECTRIC’s Special

Interrogatories, No. 5, attached as Exhibit

_. -E to Bacon Decl.

33..| Although asked, Plaintiffs' Responses to

~| MCCLURE ELECTRIC’s Special

Interrogatories and Requests for Production| |

of Documents do not identify any specific

| documents supporting Plaintiffs’ contention

~ | that he was exposed to asbestos by
MCCLURE ELECTRIC. :

Plaintiffs ‘Amended Responses to. <
MCCLURE ELECTRIC’s Special -
Interrogatories, No. 7, attached as Exhibit.
E to Bacon Decl.; Plaintiffs' Responses to
=| MCCLURE ELECTRIC’s Requests : for.
-| Production of Documents attached as.

Exhibit F to Bacon Decl.

34. Thou Plaintiff pene listed

MCCLURE LECTIN INC: S. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS. iN SUPPORT ‘OF ITS MOTION oo
: - : : FOR, SUMMARY. JUDGMENTMCCLURE ELECTRICs Undisputed ~ Plaintiffs" Response and Supporting :

|---| Material Facts and Supporting Evidence |" - Evidence

| numerous documents as responsive to’ : LINERS we

_| MCCLURE ELECTRIC’s written .
discovery, no documents were re actually,

. produced.. MA

: Bacon Decl. ‘at No. il.
35. | Cary Hedman is the Chief Engineer at the :
“| Mills Building and he has worked at the
-..| Mills Building for approximately thirty. ~
“| (0) years, ‘for fifteen (15) years as a :
Building Engineer (oumeyman) and as. the.
Building’s Chief Engineer: since, 1998.

os Declaration of Cary Hedman (Hedman

| Decl. ”) 42.

36.| The Mills Building was built in five

’| phases; all of the sections. are similar: with.
slightly different types of: construction. ~

Declaration of Cary Hedman (‘Hedman :
Decl.”) 5. :
37. | The original building slab is hollow clay.
| tile.with'a non-asbestos finished plaster
ceiling application t that provides ~~

S Breproofing for structural steel.

Declaration of Cary Hedman (Hedman
“| Decl.) | 6.

38.) The remaining four phases ofthe. :
| Building’ 's construction is concrete slab”
with additional concrete encasing exposed
steel for fireproofing.

Declaration of ‘Cary Hedman Heiman
| Decl 7.
39. | Since 1987, Building Engineer Cary.
~ | Hedman has been directly involved with all
construction projects and he has not seen or
encountered any asbestos, Containing .
: fireproofing, or.spray-on freproofing of of
any) kind at The Mills Building. oes

. . : “416 : :
> MCCLURE EHCTRC. INC’S SEPARATE STATEMENT OF. ‘UNDISPUTED. MATERALT) FACTS IN SUPPORT. OF ITS MOT! TON. * :
. FOR SUMMARY JUDGMENT. ° oO_MCCLURE ELECTRIC’s Undisputed

Plainditis Response and Supporting |
: Evidence

Material Facts and Supporting Evidence
Declaration of Cary Hedman (“Hedman :
~ | Deel. “YF 8.

40.| As the Building s Engineer, Mr. Hedman
has worked or overseen construction for
every space in the building.

Declaration of Cary Hedman (‘Hedman
Deol.) 99.

41.| As the Building’s Engineer, Mr. Hedman.
has reviewed plans for the Mills Building
going back to its original 1892 °°”
construction. Based on the plans and —
extensive personal observation, there is not, |
and never has been, any asbestos . :
| containing or spray-on fireproofing used
anywhere i in The Mills Building. :

~..] Declaration of Cary Hedman (“Hedman
| Deel. ) 14.

42.) There is no central modern HVAC system
in the Building, Heating is provided by
steam for radiators and ventilation is from —
operable windows, and as such, there is no
duct work for these systems in any section
: | of the Mills Building.

| Declaration. of Cary Hedman (“Hedman -
Decl.”) 10.

43.| The Mills Building is currently undergoing
‘some renovations and Mr. Hedman took
-.”'| photographs of the ceilings of some of
- | those opened spaces to illustrate that the
ceilings in all parts of the building were
»] either concrete or lath and plaster: without
2] any sprayed fireproofing.

Declaration of Cary Hedman (Hedman :
“| Decl.”) 4, 1, and photographs :
attached as Exhibits 1 and 1-A to 1E*

44.) Mr: Hedman also took a photograph ofa ay

: San Francisco Chronicle news article, dated -

Ld

MCCLURE ELECT, INC'S. SEPARATE. STATEMENT OF UNDISPUTED MATERIAL FACTS IN ‘SUPPORT OF iis MOTION .
. FOR SUMMARY. JUDGMENT ae wo . .| Building law library, which describes the
“| construction of the oldest part of the Mills

Le ‘Declaration of Cary. Hedman (Hedman
~| Decl.”) 4] 12, and photographs

“MCCLURE ELECTRIC’s Undisputed __ - Plaintiffs' Response and Supporting

Material Facts and Supporting Evidence | - SES Evidence
October 13, 1896, found in the Mills - . wes :

Building, including how the hollow terra
cotta tile serving as # Breprooting f for the oo
building. - : :

attached as Exhibits 2, 3, and 4, thereto.

45. u :
“| Plaintiff state all facts in support of
_| Plaintiffs’ Cause of Action for Negligence

~| by over ten pages of generic documents,

oS MCCLURE ELECTRIC’s Special
-| Interrogatory No. 14, attached as Exhibit C
- | to-Bacon Decl.; Plaintiffs" Amended

| 98:25; attached os Exhibit E to Bacon Sn

MCCLURE ELECTRIC requested that

as against MCCLURE ELECTRIC,
Plaintiffs’ response reiterates the
information in plaintiffs' responses to. -
standard asbestos, interrogatories, followed —

however, plaintiffs present no admissible
evidence which supports their. claims, a

Responses to MCCLURE ELECTRIC’s
Special Interrogatory, No..14,:at 82:23- >.

Decl:

: evidence which supports their claims.

[te Bacon Deel.; Piaintifs Amended _

- | Plaintiff state all facts in'‘support of -
‘Liability as against MCCLURE
_| the information in plaintiffs' responses to.

S standard asbestos interrogatories, followed :
“| by over ten pages of generic docurnents, ©

‘MCCLURE ELECTRIC’s Special

MCCLURE ELECTRIC Toquested that ©
Plaintiffs’ Cause of Action for: Strict -

ELECTRIC; Plaintifis' response Teiterates .

however, plaintiffs present no admissible

Interrogatory No: 15, attached as Exhibit C c

Sg

“MCCLURE RECTRIG) INC! S SEPARATE STATEMENT OF UNDISPUTED. MATERIAL FACTS IN. SUPPORT: OFITS MOTION.

: FOR SUMMARY JUDGMENT BS"MCCLURE ELECTRICs Undisputed ©
Material Facts and Supporting Evidence

Pantie Response and Supporting

Evidence

‘Responses to MCCLURE ELECTRIC’s
Special Interrogatory, No. 15; attached. as
Exhibit E to Bacon Deel. :

: MCCLURE ELECTRIC requested that

Plaintiff state all facts in support of .
Plaintiffs’ Cause of Action for Loss of :
Consortium as against MCCLURE
ELECTRIC; Plaintiffs' response reiterates
the information in 1 plaintiffs’ responses to

| standard asbestos interrogatories, followed
| by over.ten pages of generic documents, |

however, plaintiffs present no admissible

: evidence which supports their claims. =

MCCLURE ELECTRIC’s Special

|| Interrogatory No. 16, attached as Exhibit C

to Bacon Decl.; Plaintiffs’ Amended

: Responses | to MCCLURE ELECTRIC’s

Special Interrogatory, No. 16; attached as
Exhibit E to. Bacon Decl.

48.
~~ | Plaintiff state all facts in support of

MCCLURE ELECTRIC requested, that

Plaintiffs' Cause of. Action for Premises
Owner/Contractor Liability as against :

.| MCCLURE ELECTRIC; Plaintiffs’

:| response reiterates the information in

plaintiffs’ responses to standard asbestos
interrogatories, followed by over ten pages
of generic documents, however, plaintiffs ~
present no admissible evidence which
‘Supports their claims.

: ‘MCCLURE BLECTRIC’s Special OER
o ‘Interrogatory No. 17, attached as Exhibit c
to Bacon Decl.; Plaintiffs’ Amended - “

Responses to MCCLURE ELECTRIC’s
Special Interrogatory, No. 17; attached as.
: ‘Exhibit Eto Bacon Decl... a

1B

MCCLURE LETC INC: 3 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS N SUPPORT OF ITS MOTION
~ FOR SUMMARY JUDGMENT. 5 :

ti neon een en en panne nnn sneak noesMCCLURE ELECTRIC’s Undisputed
Material Facts and Supporting Evidence
ELECTRIC to plaintiff Robert Ross's -

alleged asbestos exposures.

- Platndltts Response and TSapporing
Evidence

Separate Statement of Undisputed Material
Facts, Facts 1 through 48; supporting
evidence attached to Bacon Decl. as :
Exhibits A —1; Bacon Decl. 4 12; Hedman
_| Deel. 1-12.

i. "STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF
MOTION FOR SUMMARY ADJUDICATION

Issue No. 1s - Plaintiff's Cause or ‘Action 1 For Negligence Falis Because There Is No
Evidence Linking MCCLURE ELECTRIC. to Plaintiff's Allesed. Asbestos
Exposure. .

| “MCCLURE ELECTRIC’s Undisputed

Material Facts and Supporting Evidence
50.) Plaintiffs Robert Ross and Jean Ross filed a
-| Complaint for. personal i injury for Robert
| Ross's asbestos-related disease on =.
: December 17, 2010, and a Second ©
Amended Complaint on May 16, 2011; -
) MCCLURE ELECTRIC filed an answer to
_| Plaintiffs' Second Amended Complaint on
oS December 28, 2011.

Plaintiffs Response and Supporting
: Evidence —

See Request for Judicial Notice, filed
concurrently herewith. Second Amended
‘Complaint, filed May. 16, 2011, and Proof.
of Service of Summons and Complaint,
MCCLURE ELECTRIC, Inc., attached as
Exhibit A to the Declaration of Toniper :

| Bacon ("Bacon Decl”). :

51.| As against MCCLURE ELECTRIC,
Plaintiff asserts the following causes of -
action: ‘Negligence, Strict Liability, Loss of.
Consortium, and Premises Owner / :

Contractor: Liability.

‘Second “Amended Complaint attached a as.
| Exhibit A to Bacon Decl. a

4 .
MCCLURE BRLECTRIG, INC’S SEPARATE. STATEMENT OF UNDISPUTED MATERIAL. FACTS IN SUPPORT. OF. 11S MOTION
FOR SUMMARY SUDGMENT . :MCCLURE ELECTRIC’s Undisputed
Material Facts and Supporting Evidence
52.) Generally, plaintiff claims that he was
exposed to asbestos as a result of his work
as an insulator from 1959 until 1993, at ~~
numerous commercial and industrial

: locations, primarily i in Northern California,

~ Plaintiffs‘ Response and Supporting :
Evidence

Plaintiff's work history, as Exhibit A to
Plaintiffs' Second Amended Complaint, :
attached as Exhibit A to Bacon Decl.
53.| Prior to his work as an insulator, plaintiff -
“| elaims that between February 1959 and °
“| January 1960, he was exposed to asbestos °
as a result of his work as a warehouseman
pata warehouse where he unloaded boxcars -
| of. asbestos-containing products; he also |
swept floors and delivered asbestos- -.
containing materials to job sites. Plaintiff
claims that he unloaded or delivered -
thermal insulation and insulating, cement. ~

Plaintiffs responses to Standard Asbestos

| Case Interrogatories, attached as Exhibit B
to Bacon Decl., at 8:11-9:9.

54. | MCCLURE ELECTRIC propounded

-| special interrogatories and requests for.

| production of documents seeking all facts,

~| witnesses and documents in support of *:
Plaintiffs' claims against I MCCLURE

ELECT RIC,

See ‘generally, MCCLURE ELECTRIC's
Special Interrogatories and Requests for. >
-°:| Production of Documents to Plaintiff,
attached as Exhibits C and D to Bacon
: Decl. :

“15 : we
MCCLURE ELECTRIC, INC: 'S SEPARATES STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT ¢ ‘OF ts MOTION
. “FOR SUMMARY. JUDGMENT ogee oe- MCCLURE ELECTRICs Undisputed
‘Material Facts and Supporting Evidence
. |: Plaintiff served amended, responses to
MCCLURE ELECTRIC's Special
Discovery on December 19,2012;
verifications to same were served on.

Ji january 3, 2013.

“Pian Response and aSepporting
Evidence a

Plaintiffs’ Responses to MCCLURE —

-| ELECTRIC’s Special Interrogatories
attached as Exhibit E to. Bacon Decl.;

-| Plaintiffs Responses to MCCLURE :
-..| ELECTRIC's Requests for Production of
‘Documents attached as Exhibit F to Bacon:
‘Decl.; and Plaintiffs' Verifications attached
= as Exhibit G to Bacon Decl. : ~
. | As to MCCLURE ELECTRIC, Plaintiffs :
claim that that Robert Ross was exposed to
asbestos as result of activities by. :
MCCLURE ELECTRIC at one job -
location: the Mills Building i in San
Francisco, CAL

: Plaintifts' ‘Amended 4 Responses to.
MCCLURE ELECTRIC's Special) mnt
Interrogatory No. 1, at 1:27-28; attached. as}.
Exhibit E to Bacon Decl. een: .

.,| Plaintiffs claim that MCCLURE®

| ELECTRIC electricians exposed to him -

| asbestos by. disturbing previously sprayed. :
asbestos-containing overhead fireproofing‘.
‘(that looked like small curd cottage cheese)
while setting their pipe and conduit at the ©
Mills Building between 1967 and 1972.

Plaintifi’ ‘Amended Responses to.
-.| MCCLURE ELECTRIC’s Special |
: Interrogatory No. 2, at 2:5-11; attached as .
Exhibit E to Bacon Decl.; Relevant
portions of. Robert Ross's. Deposition
‘Testimony, at 2362:6-8; 2362:14-15;
_=] attached as Exhibit H to Bacon Decl. - -
58.| Plaintiff testified that he worked for a total
2 often man- days at the Mills Building :

16

"MOCLRE ELECTRIC, ANC: ‘S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF 1S MOTION.
“ : “FOR SUMMARY JUDGMENT .Plaintiffs’ Response and Supporting
Evidence

MCCLURE ELECTRIC’s Undisputed
Material Facts and Supporting Evidence
‘between 1967 and 1972, on a total of three
different Jobs.

Relevant portions of Robert Ross's S
Deposition Testimony, at 2349:19-2350:1;
2351:18-20; 2352:2-4; attached as Exhibit ©
H to Bacon Decl. .

..| On each of the three different Jobs, Plaintiff

worked on ducts. |

Relevant portions of Robert Rose's 'S

‘| Deposition Testimony, at 2352:7- 9;
attached as Exhibit H to Bacon Decl.

. | Plaintiff testified that his job at the Mills
Building was to insulate pipe and duct for
| air conditioning and heating, however, he
could not recall what kind of heating
system was at the Mills Building.

Relevant portions of Robert Ross's
Deposition Testimony, at 2350:5-7;
2350:10-14; 2350:17-22; attached as

“| Exhibit H to Bacon Decl...

-| According to plaintiff, the ducting he
worked on at the Mills Building was forced
air heating, going | to Tooms to heat and cool
the rooms. : :

Relevant portions of Robert Ross's
~-| Deposition Testimony, at 2354:17-22;
‘| attached as Exhibit H to Bacon Decl.
. | Plaintiff does not recall what floors he
worked on, how many floors he worked on,
or what rooms he worked i in, other than it~
~ | was "inside" the building a and that i it was
: remodel work. : :

Relevant portions is of Robert Ross! 's
Deposition Testimony, at 2352:5-6, 0
2352:10-14; 2352:22-24; 2354:12-16; ~~
attached as Exhibit-H to Bacon Decl.
63. Plaintiff dons not how if he = worked in the

. 7 :
MCCLURE ELECTRIC, INC'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT. OF. ITs MOTION
: wet a “FOR SUMMARY. JUDGMENT Ls“MCCLURE ELECTRIC’s Undisputed
‘Material Facts and Supporting Evidence
new or the old part of the. building, —

Plsintfs Response and Supporting
: _Evidenee

Relevant portions of Robert Ross's. 2
Deposition Testimony, at 2353: 26-7;
2353:11; attached as Exhibit 4H to Bacon
Decl.

Plaintiff saw electricians on every one. oof :
the ten days he was at the Mills Building, —
though he does not recall if they were the =).
same electricians or different electricians.

Relevant portions of Robert Ross's =.
Deposition Testimony, at 2355:5-13;0->
attached as Exhibit H to Bacon Decl.
..| Plaintiff saw MCCLURE ELECTRIC.
-| electricians every. dey that he was at ‘the
Mills Building. :

: Relevant portions of Robert Ross! 'S
"| Deposition Testimony, at 2355:16-17;
<< |/2355:22;:2355:24- 25; attached as Exhibit |
|: H to-Bacon Decl.“ .
. | MCCLURE ELECTRIC was | working in
‘| bathrooms, hanging pipe on unistruts to
connect the lights or sunning to ‘fixtures.

2S Relevant portions of Robert Ross's SS

Deposition Testimony, at 2356; 1-12;

: ‘attached ‘as Exhibit Hi to Bacon Decl. -

| ‘To hang pipe, MCCLURE ELECTRIC.

| hung. unistruts with clamps £ fom the calling
with rebar. SES :

Relevant portions of Robert Ross's JOSS
“| Deposition Testimony, at 2356:1-12;.
“| 2356:13-16; 2356:19-23; attached as
~|| Exhibit H to Bacon Decl. SEES
. | Plaintiff recalls that the ceiling was cement,
and. that MCCLURE ELECTRIC scraped -
| off. fireproofing f first and ‘was shooting
studs into the ceil ing. aS :

Bo

MCCLURE HLECTRIC, INC: S S SEPARATE STATEMENT: OF UNDISPUTED MATERIAL FACTS IN. SUPPORT. ‘OF 13 MOTION
. : “POR SUMMARY. JUDGMENT. .: we SMCCLURE ELECTRIC’s Undisputed
Material Facts and Supporting Evidence
4 Relevant portions of Robert Ross's
Deposition Testimony, at 2356:1-12;
2357:11-17; 2360:7-9; 2360:13-20; 5

| attached as Exhibit H to Bacon Decl.
To shoot the studs into the ceiling,
MCCLURE ELECTRIC used a stud gun. »

| Relevant portions of Robert Ross's
: Deposition Testimony, at 2357:4-9;
~-- attached as Exhibit H to Bacon Decl.

. |-Most of the time, MCCLURE ELECTRIC.
hung their pipe on unistruts, though °~
occasionally. they ran it over another pipe
orover a duct.

4 Relevant portions of Robert Ross’ ‘Ss
Deposition Testimony, at 2358:8-14;
attached as Exhibit H to Bacon Decl.

- | Plaintiff cannot recall how many times he
saw. MCCLURE ELECTRIC shooting i into
the ceiling to hang unistruts. :

: Relevant portions of Robert Ross' So

'| Deposition Testimony, at 2358:20-24; ©

| attached as Exhibit H to‘Bacon Decl.

72. | Plaintiff does not know when the. — :
fireproofing that he claims that MCCLURE
ELECTRIC disturbed was installed. .

Relevant portions of Robert Ross! S

‘Deposition Testimony, at 2359:3-4;

2359:12-14; attached as. Exhibit Hi to

Bacon Decl. =

-73.| Plaintiff does not know the brand or ~

me manufacturer of any fireproofing type. ~
material that he claims that MCCLURE .
ELECTRIC disturbed. .

SS Relevant portions of Robert Ross’ 'S
~. | Deposition Testimony, at 2360:4-6;
=| attached as Exhibit Hl to Bacon Decl. . :
74. | Plamtift described material that he labeled

219.

: MCCLURE ELECTRIC INC, S SEPARATE STATEMENT OF UNDISPUTED "MATERIAL FACTS IN SUPPORT, OF ITS MOTION...
: oo FOR SUMMARY JUDGMENT. - = oe . :

Plaintiffs’ Response and Supporting}.
-. Evidence oMCCLURE ELECTRICS Undisputed
Material Facts and Supporting Evidence

Plaints Response and Supporting *

| 2360:1-2; attached as Exhibit H to Bacon

as fireproofing at the Mills Building as
being arey and Jooking like oatmeal. :

Relevant portions of Robert Ross’ 's
Deposition Testimony, at 2359:15-17;

Decl.

Evidence _

75.

Although he personally never = installed”

:| fireproofing, plaintiff believes that such

76.

fireproofing material contained asbestos
because he feels that he knows the

| difference between | asbestos fireproofing

and non-asbestos fireproofing (he cited
color, texture, and smell),

Relevant portions of Robert Ross's

Deposition Testimony, at 2361 :21-2362:5; »

attached as Exhibit Hl to Bacon Decl.

Plaintiff does not know the names of any
MCCLURE ELECTRIC employees he ©.
claims worked at the Mills Building and he

does not recall speaking with any of them.

Relevant portions of Robert Ross's"
Deposition Testimony, at 2358:2-7;

.| 2362:17-19; attached as Exhibit H to.

Bacon Decl.

77.)

Plaintiff does not recall any job other than
the Mills Building where he saw...
MCCLURE ELECTRIC at the job with |

= | him,

Relevant portions of Robert Ross's.

Deposition Testimony, at 2362:20-2363:3;
attached as Exhibit H to Bacon Decl.

2B.

Deposition Testimony, at 2364: 9 125

Plaintiff testified that he does not know of

| any documents that would refresh. his

recollection tegarding MCCLURE -

oS FLECTRIC.

Relevant portions of Robert Ross's. a

20

MCCLURE, ELECTRIC, INC! “S SEPARATE STATEMENT.OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ITs. MOTION
“ FOR SUMMARY JUDGMENT: . . tekMCCLURE ELECTRIC’s Undisputed

“Plaintiffs "Response and Supporting -
Evidence

Material Facts and Supporting Evidence

attached as Exhibit H to Bacon Decl.

79.

‘When asked if there are any. persons who-

| might refresh his memory
MCCLURE ELECTRIC, plaintiff testified :

that Robert Cantley came by one day on -
one of the jobs at the Mills Building,

’| though he cannot recall when or which job.
| Further, in response to subsequent written

mt discovery asking for all witnesses in

support of his claims against MCCLURE.

ELECTRIC, Plaintiffs do not ‘identify Mr,

Cantley asa witness.

Relevant portions of: Robert Ross's s
Deposition Testimony, at 2363:4-6;

| 2363:16-2364:5; attached as Exhibit H to

Bacon Decl.; Plaintiffs’ Amended
Responses to MCCLURE ELECTRIC’s
Special Interrogatories, No. 5, attached as.
Exhibit E to Bacon Decl. at 18:24-28.

80.

Jean Ross stipulated that she will not offer
any product identification testimony as to -
MCCLURE ELECTRIC or any. other
newly: served defendant. we .

Relevant portions of. Plaintiff Jean Ross’ “e

| Deposition Testimony, at 8:16-9:7;

attached a8 Exhibit I to Bacon Decl.

81,

Several months. ‘fer plaintiff's deposition -
| concluded, in response to an interrogatory.

request for all witnesses in support of his
claims against MCCLURE ELECTRIC,

_| Plaintiffs identified only Robert and Jean
= | Ross. 0 : Sons

| Plaintiffs’ Amended oe io

MCCLURE ELECTRIC’s Special
Interrogatories, No. §, attached as Exhibit.
E to Bacon Decl... =

Although asked, Plaintiffs’ Responses to.

MCCLURE ELECTRIC's Special _

“a

MCCLURE ELECTING INC: ‘Ss SEPARATE STATEMENT OF UNDISPUTED MATERIAL, FACTS IN SUPPORT OF as MOTION

Ses S FOR SUMMARY JUDGMENT .MCCLURE ELECT RICs Undisputed :

Material Facts:and Supporting Evidence

. Plaintiffs' + Response and Supporting
Evidence.

‘Interrogatories and Requests for Production
of Documents do not identify any specific

| documents supporting Plaintiffs’ contention

that he was exposed to asbestos sby
MCCLURE, ELECTRIC SoS

: Plaintiffs’ Amended Responses t to.

MCCLURE ELECTRIC’s Special

-| Interrogatories, No. 7; attached as Exhibit ~
oS laintiffs' ‘Responses to.
=| MCCLURE ELECTRIC’s Requests for

E to Bacon Decl.;

‘Erodution of Documents attached as — :

9 |||] Exhibit F to Bacon Decl.

io ||| 83.

Tisch Plaintiff generically listed

~~ | numerous documents as responsive to.

MCCLURE ELECTRIC’s written
discovery, ‘no documents v were. actually

Me Produced, --

Bacon Decl. at{o. Ab

aa Pea

Cary Hedman is the Aare at the

Mills Building and he has worked at the
Mills Building for approximately thirty...

| G0) years, for fifteen (15) years as a

Building Engineer (Joumeyman) and as the
Building’ s Chief Engineer since 1998...

e Declaration of Cary Hedman (Hedman x
“| Decl”) 2.

8.

‘The Mills Building was. built in five.
‘phases; all ofthe. sections are similar with

se slightly different types of construction. :

Declaration of ( Cary Hedman (Hedman =

Decl.”) {5..

oS Sireproofing for structural Steel
| Declaration of Cary Hedman (Hedman

. | The original building slab i is hollow cay

tile with'a non-asbestos finished plester
ceiling application that provides ee

S Deel 46.

age

MCCLURE ELEC, INC: 'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN. SURFORT OF iTS MOTION :
FOR SUMMARY. JUDGMENT” . . ao“Paina Response and Supporting
: _Evidence

MCCLURE ELECTRIC’s Undisputed
Material Facts and Supporting Evidence
87. | The remaining four phases of the
Building’s construction is concrete slab
with additional concrete encasing exposed -

: steel for fireproofing. :

Declaration of Cary Hedman (‘Hedman
Decl.”) 77.

. | Since 1987, Building Engineer Carty. ~
Hedman has been directly involved with all:
construction projects and he has not seen or
encountered any asbestos containing .
fireproofing, or spray-on fireproofing of.

: any kind at The Mills Building.

Declaration of Cary Hedman (“Hedman
_ | Decl.”) 8.
89. | As the Building’s Engineer, Mr. Hedman ©
—_ | has worked or overseen construction for. :
every Space in the building.

Declaration of Cary Hedman Hedman
Decl.”) 79. :
90. | As the Building’s Engineer, Mr. Hedman
has reviewed plans for the Mills Building :
going back: to its original 189200
“| construction. Based on the plans and

-| extensive personal observation, there i is not,
and never has been, any asbestos
containing or spray-on Breproofing: used
anywhere i in The Mills Building.

Declaration of Cary Hedman (Hedman

“| Decl”) 94.

: | There is no central modem VAG system
in the Building. Heating is provided by —
~"| steam for radiators.and ventilation is from -
_-| operable windows, and as such, there is no”
duct work for these systems i in any section
'| of the Mills Building.

~ | Declaration of Cary Hedman CHodman
| Dest) 410.

“93 aN : “
“MCCLURE LCT, INCS SEPARATE STATEMENT OF UNDISPUTED MATERIAL, FACTS IN SUPPORT OF ITS MOTION .
we FOR SUMMARY J JUDGMENT wo

["MCCLURE ELECTRIC’ Undisputed :
Material Facts and Supporting Evidence
. | The Mills Building’is currently undergoing _|
some renovations and Mr. Hedman took
photographs of the ceilings of some of
those opened spaces to illustrate that the :
ceilings in all parts of the building were

-.| either concrete or lath and plaster without .
any sprayed, fireproofing.

Declaration of Cary Hedman (Hedman SoS
~| Decl.”) 11, and photographs
attached ‘as Exhibits i and 1 A to LE
thereto.
‘93. Mr. Hedman also took a photograph fa. a :
| San Francisco Chronicle news article, dated
October 13, 1896, found in the Mills
Building law library, which describes the. ©
construction of the oldest part of the Mills.
Building, ‘including how the hollow terra ~~
| cotta tile serving as fireproofing for the

: building.

Declaration of Cary Hedman (Hedman
Decl.”) J 12, and photographs *
attached as Exhibits 2,3, and.4, thereto,
94.) MCCLURE ELECTRIC requested that -
Plaintiff state all facts in support of.
4 Plaintiffs' Cause of Action for Negligence
as against MCCLURE ELECTRIC;
Plaintiffs' response reiterates the
| information in plaintiffs’ responses to,

"| standard: asbestos interrogatories, followed
’| by.over-ten pages of g generic documents,
however, plaintiffs present no admissible
evidence which supports their claims.

Plaintiffs’ Response and i Supporting
ok Evidence

SS MCCLURE ELECTRIC’s Special :
| Interrogatory No, 14; attached as Exhibit C
to Bacon Decl.; Plaintiffs’ Amended.
Responses to MCCLURE ELECTRIC’s.
Special Interrogatory, No. 14, at 82:23-
| 98:25; attached as ‘Exhibit E to Bacon
Decl. ao

. » a4 :
MCCLURE BLECTRIG, INC'S. SEPARATE, STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT.OF. TTS MOTION ~
FOR SUMMARY JUDGMENT. Shes :MCCLURE ELECTRIC’s Undisputed

Plait Response and Supparing :
: ~ Evidence :

[Material Facts and Supporting Evidence
- | MCCLURE ELECTRIC requested that
Plaintiff state all facts in support of
| Plaintiffs' Cause of Action for Strict
_| Liability as against MCCLURE
ELECTRIC; Plaintiffs' response reiterates...
the information in plaintiffs’ responses to |
~|| standard asbestos interrogatories, followed.
‘by-over ten pages of generic documents,
°. | however, plaintiffs present no admissible”
2 evidence ‘which supports their claims. fen

: MCCLURE ELECTRIC’s Special

~- | Interrogatory No. 15, attached as Exhibit C
“| to Bacon Decl.; Plaintiffs’ Amended

Responses to MCCLURE ELECTRIC’s

_ | Special Interrogatory, No. 1S; attached as 2
os Exhibit E to Bacon Decl.

96. MCCLURE ELECTRIC usa that":

”| Plaintiff state all facts in support of |”

| Plaintiffs' Cause of Action for Loss of .
~|:Consortium as. against MCCLURE. .

ELECTRIC; Plaintiffs’ sponse. reiterates :

‘the information in plaintiffs! responses to. |.

standard asbestos interrogatories, followed. |

by over ten pages of generic documents,

cee however, plaintiffs present no admissible’

a evidence which supports their claims. Se

BSE MCCLURE ELECTRIC’s Special sco
: Interrogatory No. 16, attached as Exhibit c

to Bacon Decl.; Plaintiffs! Amended — -

: Responses. to. MCCLURE ELECTRIC’s SS

Special Interrogatory, No. 16; attached as

| Exhibit E to Bacon Decl. _

97. | MCCLURE ELECTRIC requested that
| Plaintiff state all facts in support of: :
Plaintiffs’ Cause of Action for Premises op
~ | Owner/Contractor. Liability as against
SS MCCLURE ELECTRIC; Plaintiffs
_ | response reiterates the information

Plains ues to ‘standard asbestos

S “MCCLURE, ELECTRIC, INC.’S SEPARATE. STATEMENT ‘OF UNDISPUTED MATERIAL FACTS aN SUPFORT OF iTS MOTION
: FOR SUMMARY JUDGMENT oes : eos . oNMCCLURE ELECTRIC’s Undisputed Plaintiffs’ Respense and Supporting —
Material Facts and Supporting Evidence : Evidence
interrogatories, followed by over ten pages | > . .

of generic documents, however, plaintiffs
‘| present no admissible evidence which
supports their claims. :

: MCCLURE ELECTRIC’s Special -
Interrogatory No. 17, attached as Exhibit C
to Bacon Decl.; Plaintiffs’ Amended
Responses to MCCLURE ELECTRIC’s
| Special Interrogatory, No, 17; attached as
Exhibit E to Bacon Decl. -

98. | To date, plain has produced no».
admissible evidence linking MCCLURE
-| ELECTRIC to plaintiff Robert Ross's
alleged asbestos exposures.

a Separate Statement of ‘Undisputed Material
Facts, Facts 50 through 97; supporting

evidence attached to Bacon Decl. as .°

Exhibits A-~T, Bacon Decl. 1 12; Hedman.

Peek B12.

Issue No. 2: “Plaintiff's Cause of ‘Action For Strict Liability Fails. Because ‘There Is No
- Evidence Linking MCCLURE ELECTRIC to Plaintiff's Alleged Asbestos
‘Exposure.

MCCLURE ELECTRIC’s Tadupeted
Material Facts and Supporting Evidence
99. | Plaintiffs Robert Ross and Jean Ross filed a
. | Complaint for personal injury for Robert
Ross's asbestos-related disease on ~.
December 17, 2010, and aSecond. °.
Amended Complaint on May 16, 2011; :
MCCLURE ELECTRIC filed an answer to”
Plaintiffs’ Second Amended Complaint on:
. December 28, 2011. Ba a

Paina Response and Supporting
Lo Evidence _

See. “Request for Judicial Notice, filed -
concurrently herewith. Second Amended
_ | Complaint, filed May 16, 2011, and Proof.
. of Service of. Summons and d Complaint .

36

“MCCLURE ELECTING INC'S: SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF is MOTION =
: FORSUMMARY JUDGMENT: : .MCCLURE ELECTRIC’s Undisputed
Material Facts and Supporting Evidence
MCCLURE ELECTRIC, Inc., attached as |
Exhibit A to the Declaration of Juniper
Bacon (Bacon, Decl...

Plaintiffs’ ‘Response and Supporting
Evidence” :

‘AS against MCCLURE ELECTRIC, :
Plaintiff asserts the following causes of -
action: Negligence, Strict Liability, Loss of
5 Consortium, and Premises Owner /

: Contractor Liability. “

Second ‘Amended Complaint attached a as
Exhibit A to Bacon Decl. :
Generally, plaintiff claims that he was...
exposed to asbestos as a result of his work.
as an insulator from 1959 until 1993, at
_-| Mumerous commercial and industrial

. locations, primarily in Norther California.

‘| Plaintiffs work history, as Exhibit Ato
Plaintiffs' Second Amended Complaint, . -
attached as Exhibit A to Bacon Decl. -
Prior to his work'as an insulator, plaintiff.

| claims that between February 1959 and
| January 1960, he was exposed to asbestos
as a result of his work as a warehouseman
at a warehouse where he unloaded boxcars
of asbestos-containing products; he also
swept floors and delivered asbestos-
~~ | containing materials to job sites. Plaintiff. :
| claims that he unloaded or delivered —
thermal insulation and insulating cement.

: Plaintiffs responses to Standard “Asbestos. :
>| Case Interrogatories, attached as Exhibit B
_| to. Bacon Decl., at 8:11-9:90 2 :
103] MCCLURE ELECTRIC propounded
"| special interrogatories and requests for
production of documents seeking all facts,
witnesses and documents in support of ~
._| Plaintiffs’ claims agrinst MCCLURE

CODE ELECTRIC, ING: s SEPARATE STATEMENT OF ONDSPUTED MATERIAL FACTS IN SUPPORT OF 11S MOTION :
: FOR SUMMARY JUDGMENT :MCCLURE ELECTRIC’s Undisputed

Plaintiffs Response and Supporting —
Material Facts and Supporting Evidence ee :

_ Evidence

~| Production of Documents to Plaintiff,

| Decl.

See generally, MCCLURE ELECTRIC's
Special Interrogatories and Requests for.

attached as Exhibits C and D to Bacon_

_| MCCLURE ELECTRIC's Special
‘| Discovery.on December 19, 2012;

.| ELECTRIC's Requests for Production of
Documents attached as Exhibit F to Bacon.

Plaintiff served. amended responses to

verifications to. same were served on.
January 3, 2013.

Plaintiffs’ Responses to MCCLURE
ELECTRIC'’s Special Interrogatories..-
attached as Exhibit E to Bacon Decl.; -
Plaintiffs' Responses to MCCLURE

Decl.; and Plaintiffs’ Verifications attached
as Exhibit G to Bacon Decl.

-|-claim that that Robert Ross was exposed to

| MCCLURE ELECTRIC at one job

As to MCCLURE ELECTRIC, Plaintiffs
asbestos as result of activities by

location: the. Mills is Building in in San
Francisco, CA.

Plaintitts’ ‘Amended cd Responses to
MCCLURE ELECTRIC's Special *-
Interrogatory No.1, at 1:27- 28; attached as
Exhibit E to Bacon Decl. : OEE

5] Plaintiffs olaim that MCCLURE

"| asbestos by disturbing previously. sprayed.

‘asbestos-containing overhead fireproofing
“ Mills. Building between 1967 and 1972.

: Plaintiffs ‘Amended Responses to.

‘Exhibit E to Bacon Decl.; Relevant.

ELECTRIC electricians exposed to him

(that looked like small curd cottage cheese) |
while setting their pipe and conduit at the.

MCCLURE ELECTRIC's Special © |
Interrogatory No. 2, at 2:5-11; attached as |

23

MCCLURE ELECTRIC, INC'S SEPARATE "STATEMENT OF ‘UNDISPUTED MATERIAL. FACTS. IN SUPPORT OF as MOTION.

FOR ‘SUMMARY JUDGMENTMCCLURE ELECTRIC’s Undisputed |
Material Facts and Supporting Evidence
_| portions of Robert Ross's Deposition
Testimony, at 2362: 6-8; 2362:14-15;
attached as Exhibit H to Bacon Decl.
Plaintiff testified that he worked for a total
of ten man-days.at the Mills Building

“| between 1967 and 1972, on a total of three
different jobs.

- Plaintiffs' Response and Supporting
: Evidence

Relevant portions of Robert Ross's me
Deposition Testimony, at 2349:19-2350:1;
2351:18-20; 2352:2-4; attached as Exhibit o
“| H to Bacon Decl.“ :

On each of the three different Jobs, Dini
"| worked on ducts. = -

Relevant portions of Robert Ross's
Deposition Testimony, at 2352:7-9;
attached as Exhibit H to Bacon Decl.
Plaintiff testified that his job at the Mills -
Building was to insulate pipe and duct for
air conditioning and heating, ‘however, he
could not recall what kind of heating -
system \ was at the Mills Building.

oe Relevant portions of Robert Ross ‘s

‘| Deposition Testimony, at 2350:5-7;
2350:10-14; 2350:17-22; attached as
Exhibit H to Bacon Decl.
)) According to plaintiff, the ducting he.
worked on at the Mills Building was forced.
air heating, going to rooms to ‘heat: and cool
“| the rooms. :

Relevant portions of Robert Ross So

Deposition. Testimony, at 2354:17-22;

_- (attached as Exhibit H to Bacon Decl. -
Plaintiff does not recall what-floors he

| worked on, how many floors he worked.on,

-|:or what. rooms he worked in, other than it

was "inside" the building and that i it was”

remodel work. :

“29

MCCLURE. TG, INC’S. S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF iTS. ‘MOTION -
. : FOR SUMMARY JUDGMENT:MCCLURE ELECTRIC’s Undisputed

'| Material Facts and Supporting Evidence

Plaintiffs' Response and Supporting

Relevant portions of Robert Ross's

“ ‘Deposition Testimony, at 2352:5-6;

.2352:10-14; 2352:22-24; 2354: 12-16;

attached as Exhibit H to Bacon Decl.

Evidence 2

112

Plaintiff does not know. if he worked in the —

-| new or ‘the old Part of the building.

: Relevant portions of Robert Ross's ©

Deposition Testimony, at 2353: 6-7;
2353:11; attached as, : Exhibit H to Bacon
Decl...

113

Plaintiff saw clectricians on every one of
the ten days he was at the Mills Building, —
though he does not recall if they were the ._

: same electricians or different electricians,

Relevant portions of Robert Ross’ 5

Deposition Testimony, at 2355:5-13; :
attached ‘as Exhibit H to Bacon Decl.

114

Relevant portions of Robert Ross's ee

Plaintiff saw MCCLURE ELECTRIC
electricians every. day that he was at the.
Mills Building. :

Deposition Testimony, at 2355:16-17;,

2355:22;:2355: 24-25; attached as Exhibit . :

- | |Hi to Bacon Decl.

115

MCCLURE: ELECTRIC was working i in
bathrooms, ‘hanging pipe on unistruts to

: connect the Lights or running to, fextures 8

oe ‘Relevant portions of. Robert Ross's”

Deposition Testimony, at 2356:1- 12;

- | attached as Exhibit H to Bacon Deel,

116

To hang pipe, MCCLURE ELECTRIC”

"| hung unistruts. with clamps from tt the e calling.

: with rebar.

4 Relevant portions of Robert Ross's a
~ | Deposi