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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_ oo Om NN DO OHO BR WO NY 27 BENNETT, SAMUELSEN, REYNOLDS & ALLARD 501 (610) 448.7688 JOHN G. COWPERTHWAITE, CSB# 96375 jcowperthwaite@bsralaw.com LAUREN E. POWE, CSB# 239817 lpowe@bsralaw.com BENNETT, SAMUELSEN, REYNOLDS & ALLARD A Professional Corporation 1301 Marina Village Parkway, Suite 300 Alameda, California 94501 Telephone: (510) 444-7688 Facsimile: (610) 444-5849 Attorneys for Defendant SLAKEY BROTHERS, INC. ELECTRONICALLY FILED Superior Court of California, County of San Francisco FEB 22 2013 Clerk of the Court BY: CAROL BALISTRERI Deputy Clerk IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, Plaintiffs, vs. C.C. MOORE & CO. ENGINEERS; et al., Defendants. |, Robert F. Slakey, declare as follows: NO. CGC-10-275731 DECLARATION OF ROBERT F. SLAKEY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Date: May 10, 2013 Time: 9:30 a.m. Dept.: 503 Trial Date: June 10, 2013 1. lam the former president and CEO of Slakey Brothers, Inc., the defendant in this matter. My date of birth is February 6, 1930. In 1939, my father, Roger Slakey, and his brother, William Slakey, formed a partnership for the sale of tools, heating equipment, and sheet metal supplies. The partnership was named "Slakey Brothers" and was located in Sacramento, California. In the early 1940s, Slakey Brothers began selling plumbing supplies. In the late 1940s, “Slakey Brothers, Inc.” began selling heating and air conditioning supplies. | began work as a mail clerk at the Slakey Brothers, Sacramento office in 1944. Thereafter, from 1944 until my retirement on February 28, 1993, | held various positions with Slakey Brothers. From approximately 1950 to 1957, | worked full DECLARATION OF ROBERT F. SLAKEYoh ao Oo ON OD FO FF © NM time in the Slakey Brothers Sacramento office. My duties during this period included accounting, warehouse work and inside sales. In 1957, | transferred to Redding to open and manage a new Slakey Brothers branch at that location. In 1960, | was transferred to Modesto to manage the Slakey Brothers Modesto branch. In approximately 1965, | transferred back to Sacramento and became the assistant manager of the Sacramento branch. In approximately 1967, | became the manager of the Sacramento branch and then in 1972 the CEO of the Slakey Brothers, Sacramento. 2. In approximately 1942 or 1943 Slakey Brothers opened an office in Oakland, California. My uncle, William Slakey, moved his family to the Oakland area and ran the Oakland office. 3. In approximately 1946, the Oakland Slakey Brothers office opened a store in San Jose. 4. In approximately 1948, the Sacramento store opened an office in Modesto. In 1957 the Sacramento Slakey Brothers opened an office in Redding. The Sacramento based Slakey Brothers stores did not do business in or expand their market area to Alameda, San Francisco or Contra Costa Counties during the 1940s, 1950s, 1960s or 1970s. 5. My father, Roger Slakey, was responsible for the management of the Sacramento-based operations (Sacramento and Modesto stores) and my uncle, William Slakey, assumed general management for the San Francisco Bay area stores. (Oakland and San Jose) The Sacramento-based operations and the San Francisco Bay area operations were run separately by the two Slakey brothers. 6. The William Slakey operations opened offices in Petaluma, Richmond, San Francisco and Hayward. The Roger Slakey operations in Sacramento opened offices in Stockton, Redding, Chico, Yuba City and South Lake Tahoe and each office was separately incorporated. | served on the Board of Directors of one or more of the Sacramento based entities in the 1960s. DECLARATION OF ROBERT F. SLAKEY— oOo Oo oO nN ODO oO FR w& NH 27 BENNETT, SAMUELSEN, REYNOLDS & ALLARD A PROFESSIONAL CORP. INA VILLAGE A 94504 (0) 804.7688 7. In 1963, pursuant to a divisive reorganization of the company, “Slakey Brothers, Inc.”, was wound up and dissolved. Its known assets, debts, and liabilities were transferred to Slakey Brothers, Oakland, inc. Thereafter, the Bay Area based Slakey Brothers operations continued to operate separate from and independent of the Sacramento based operations. 8. On February 1, 1973, the Sacramento based Slakey Brothers operations (i.e., Sacramento, Redding, Chico, Tahoe, Yuba, Stockton and Delta Pipe & Supply) consolidated to form Slakey Brothers, Inc., the defendant in this matter. [ was the first CEO of the company and remained in that position until my retirement. | became President of Slakey Brothers, Inc. in the mid 1970s. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that | could testify thereto if called upon to do so. $f Executed at Sacramento, California on February ale 2013. Abel. Olle. Robert F. Slakey Zo DECLARATION OF ROBERT F. SLAKEY