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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So we ND WH BRB BW PY = BENNETT, SAMUELSEN, REYNOLDS & ALLARD ‘A PROFESSIONAL CORP, 1301 MARINA VILLAGE, ARKWWAY, SUITE 300 ALAMEDA, CA 94501-1984 (G10) 47688 JOHN G. COWPERTHWAITE, CSB# 96375 jcowperthwaite@bsralaw.com BENNETT, SAMUELSEN, REYNOLDS & ALLARD ELECTRONICALLY A Professional Corporation FILED Attorneys at Law | Superior Court of California, i pot Ma rina Millage Pataway, Suite 300 County of San Francisco ameda, California ~ Telephone: (510) 444-7688 FEB 22 2013 Facsimile: (510) 444-5849 BY: CAROL BALISTRER! Deputy Clerk Attorneys for Defendant SLAKEY BROTHERS, INC. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, NO. CGC-10-275731 Plaintiffs, DECLARATION OF JOHN G. vs. COWPERTHWAITE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT C.C, MOORE & CO., ENGINEERS, et al. Date: May 10, 2013 Defendants. Time: 9:30 a.m. / Dept: 503 Trial Date: June 10, 2013 1, John G. Cowperthwaite, declare as follows: 1. That | am an attorney licensed to practice law before all the Courts of the State of California and am a partner in the Law Firm of Bennett, Samuelsen, Reynolds and Allard, counsel for Defendant Slakey Brothers, Inc. in the above-entitled matter. 2. That attached hereto as Exhibit A is a true and correct copy of the unpublished May 6, 1995 California First Appellate District Decision in the matter of Annah K. Coe v. Slakey Brothers, Inc. Case Number A064949; 3. That attached hereto as Exhibit B are true and correct copies of portions of the deposition of plaintiff Robert Ross taken in this action. | have reviewed the index for the deposition of plaintiff and declare based thereon that in his deposition he did not identify -1- DECLARATION OF JOHN G. COWPERTHWAITEAL: (S10) 444-7086 Slakey Brothers as a supplier to any site other than Avon Refinery, the Alameda Courthouse and Golden Gate University 4, | am informed and believe that Henry W. Howard is deceased. Attached hereto as Exhibit C is a true and correct copy of the results of a State Bar of California search for Henry W. Howard. Attached as Exhibit D is a true and correct copy of an obituary for Henry W. Howard. 5. That attached hereto as Exhibit E are true and correct copies of Specially Prepared Interrogatories propounded by Defendant Slakey Brothers, Inc., and Plaintiffs Response to Specially Prepared Interrogatories propounded by Defendant Slakey Brothers, Inc., (Set One). 6. Attached hereto as Exhibit F are true and correct copies of portions of the Deposition of Henry W. Howard taken in the matter of Anna Coe v.. Owens Corning Fiberglas, et al, San Francisco Superior Court Case Number 948807 on January 6, 1994. 7. That attached hereto as Exhibit G is a true and correct copy of the Certificate of Filing and Suspension for Slakey Brothers Oakland, Inc. issued by the State of California, Office of the Secretary of State. | declare under penalty of perjury under the laws of the State of California that the foregoing is within my personal knowledge and is true and correct and that | could testify thereto if called upon to do so. Executed at Alameda, California on February 22, 2013. a “