On December 17, 2010 a Party Statement 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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BENNETT, SAMUBLSEN, LEAR SUIT ALAMEDA, CA S4S011085 1510) Ha 76RS JOHN G. COWPERTHWAITE, CSB# 96375 jcowperthwaite@bsralaw.com BENNETT, SAMUELSEN, REYNOLDS & ALLARD A Professional Corporation Attorneys at Law 1301 Marina Village Parkway, Suite 300 Alameda, California 94501 Telephone: (51 a 444-7688 Facsimile: (510) 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. way 1 NO. CGC-10-275731 DEFENDANT SLAKEY BROTHERS, INC..S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR ORDER GRANTING SUMMARY JUDGMENT [Code of Civil Procedure §437C] Date: May 10, 2013 Time: 9:30 a.m. Dept.. 503 Trial Date: June 10, 2013 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS27 BENNETT, SAMUELSEN, 130E MARINA MIECAGE PaR| UNDISPUTED MATERIAL FACTS AND SUPPORTING EVIDENCE 1. Plaintiff Robert Ross is a retired insulator worker who allegedly contracted an asbestos related disease as a result of occupational exposure to asbestos. 4. Undisputed. 2. Robert Ross testified in his deposition that he recalled three sites to which “Slakey Brothers” made deliveries: the Avon Refinery in Martinez (Avon), California, a courthouse in Oakland, California and Golden Gate University in San Francisco, California. 2. Exhibit B to the Declaration of John Cowperthwaite (Deposition of Robert Ross Trial Preservation pp. 148:6-151:8; 155:2- 159:25; Discovery Deposition pp. 170:3- tea ee 182:25-183:8; 183:15- 4:15). 3. Plaintiff testified in his deposition that he could not recall any other work sites where “Slakey Brothers” made deliveries. 3. Exhibit B to the Declaration of John Cowperthwaite (Discovery Det on of Robert Ross pp. 185:21-186:1 4. Plaintiff testified in seooatio that his work at the Avon Refinery and the Alameda Courthouse took place sometime within the late 1950s to 1970s time period. He recalls that Slakey Brothers made one delivery to his Golden Gate University job in the 1960s or early 1970s. 4. Exhibit B to Declaration of John Cowperthwaite (Trial Preservation Deposition Testimony of Robert Ross pp. 147:19-156:8; Discovery Deposition Testimony pp. 139: 23- 140:17; 182:25-184:15). WAY 2 PLAINTIFF’S RESPONSE AND SUPPORTING EVIDENCE 1. st SLAMEDA, CA 545011983 (530) 444-7688 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS27 BENNETT, SAMUELSEN, REYNOLDS & ALLARD A SROFESSIONAT CORP, F301 MARINA VILLAGE Pag} 5. Plaintiff testified in deposition that Slakey Brothers made deliveries of transite pipe to the Avon Refinery. 5. Exhibit B to the Declaration of John Cowperthwaite (Trial Preservation Deposition Testimony of Robert Ross pp. 150:25-151:24; fine Deposition Testimony 170:25- 6. Plaintiff testified in deposition that he saw Slakey Brothers making deliveries of transite pipe to the Alameda County Courthouse job in Oakland. 6. Exhibit B to the Declaration of John Cowperthwaite (Discovery Deposition of plaintiff Robert Ross pp. 175:23-176:3; 176:18-25, 177:1-178:6; 178:22-179:1). 7. Plaintiff testified in deposition that Slakey Brothers made a single delivery of transite pipe to his job site at Golden Gate University in San Francisco, California. 7. Exhibit B to the Declaration of John Cowperthwaite (Discovery Deposition of plaintiff Robert Ross pp. 182:25-183:8; 184:22-185:10). 8. In Plaintiff's responses to Slakey Brothers inc.’s Special Interrogatories he claims exposure to asbestos containing products supplied by defendant Slakey Brothers, Inc. at two sites: Tidewater Oil Co., Avon, California in 1961-1962 and Alameda County Administration Building, Oak Street, Oakland, California 1967-1972; 1977-1979. 8. See Exhibit E to Declaration of John G. Cowperthwaite served by defendant Slakey Brothers, Inc. Specially Prepared interrogatories and Plaintiff's Response to defendant Slakey Brothers, Inc,’s Specially Prepared interrogatories . way 3 SUITE 360 ALAMEDA, CA 54301408 S10) 484-7688, SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS1}, 9. In 1939, the Slakey brothers, William and 9. Roger, formed a partnership "Slakey Brothers" selling tools, heating equipment, and sheet metal supplies. 9. Declaration of Robert Slakey; Declaration 9. of Henry W. Howard (paragraph 3) attached as Exhibit A to the Declaration of Richard Reynolds. 2 3 4 5 6 || 10. In approximately 1942 or 1943 William 10. Slakey moved to the Oakland area and 7 Slakey Brothers opened an office in Oakland, California. 8 9 0 10. Declaration of Robert Slakey; Exhibit Dto 10. the Declaration of Karen Fonseca Memorandum Agreement) also attached as xhibit 3 to the deposition of Henry Howard taken on January 6, 1994, which is attached in relevant part as Exhibit F to the Declaration 1 | of John Cowperthwaite. 11. In 1946, "Slakey Brothers, Inc." was 41. 3 || formed and assumed the liabilities of the former Slakey Brothers partnership. 11. Exhibit A (Articles of Incorporation) and 11. Exhibit B (Minutes of the First Meeting of Board of Directors of Slakey Brothers, Inc.) to the Declaration of Karen Fonseca. 6 12. in the 1940s Slakey Brothers added 42. 7 || plumbing and heating and air-conditioning 8 9 supplies to their product line. 12. Declaration of Robert Slakey; Declaration 12. of Henry W. Howard (paragraph 3) attached as Exhibit A to the Declaration of Richard 20 || Reynolds. 21 | 13. In 1946, the Oakland-based store 13. opened a new office in San Jose. in 1948, 22 || the Sacramento store opened a new office in Modesto. 23 13. Declaration of Robert Slakey; Declaration 13. 24 of Henry W. Howard (paragraph 4) attached as Exhibit A to the Declaration of Richard Reynolds; 25 26 27 SUITE 300° 4 a aad tion SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS1] 14. The San Francisco Bay Area based 14. Slakey Brothers stores were operated by the 2] William Slakey family; the Sacramento-based stores were operated by the Roger Slakey 3 || family. 4|| 14. Declaration of Henry W. Howard 14, (paragraphs 1 - 6) attached as Exhibit A to 5 || the Declaration of Richard Reynolds; Exhibits A, D & E to the declaration of Karen Fonseca 6 || (Articles of Incorporation for former Slakey Brothers, Inc, Memorandum Agreement, and 7 || letter from U.S. Treasury Department), Deposition testimony of Henry W. Howard pp. g | 8:16-24; 9:18-23, 22:1-18 and Exhibits 2 and 3 to Henry Howard deposition (pp. 16:14 - g | 17:1; 30: -23) attached as Exhibit F to the Declaration of John Cowperthwaite; 10 Declaration of Robert Slakey. IL | 15. In 1956, the directors of "Slakey 15. Brothers, Inc." decided to and in fact did 12 | separately incorporate each of the Slakey Brothers outlets, i.e., Slakey Brothers, 13 | Sacramento, Inc., Slakey Brothers, Modesto, Inc., Slakey Brothers, Oakland, Inc., and 14 || Slakey Brothers, San Jose, Inc. 15 || 15. Deciaration of Henry W. Howard 15. (paragraphs 4-6) attached as Exhibit A to the Declaration of Richard Reynolds; Exhibits C, D & E to the declaration of Karen Fonseca 17 || (Articles of Incorporation Slakey Brothers, Oakland, inc; Memorandum Agreement, and 18 || letter from U.S. Treasury Department); Deposition testimony of Henry W. Howard 19 | Pages 6 lines 16-24; page 9. lines 18-23, and Exhibits 2 and 3 to Henry Howard deposition (pages 16:14 -17:1; 30:3- 23) attached as Exhibit F to the Declaration of John Cowperthwaite. ONAL CORP. Sse MARINA VILLAGE PARHWAY 5 ALAMEDA CA 942011068 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS1 || 16. The Oakland based Slakey Brothers 16. operations opened offices in Petaluma, 2 || Richmond, San Francisco, and Hayward, each office being individually incorporated. 3 || The Sacramento based Slakey Brothers operations opened offices in Stockton, 4|| Redding, Chico, Yuba City, and South Lake Tahoe with each office being individually 5 || incorporated. 6 || 18. Declaration of Henry W. Howard 16. (paragraphs 1-9) attached as Exhibit A to 7 || the Declaration of Richard Reynolds; Exhibits D, E &/ to the Declaration of Karen Fonseca g || (Memorandum Agreement, letter from U.S. Treasury Department; Certificates of 9 Ownership of Slakey Brothers Bay Area Corporations); Declaration of Robert Slakey. 17. On July 8, 1963, pursuant to a divisive 17. IL | reorganization of the companies, “Slakey Brothers, Inc.", was wound up and dissolved. 12} Its known assets, debts, and liabilities were transferred to Slakey Brothers, Oakland, Inc. 13 || which continued as the parent for the whoily owned San Francisco Bay Area subsidiaries 14 || Thereafter, the Bay Area based Slakey Brothers operations continued to operate 15 || separate from and independent of the Sacramento based operations. 17. Declaration of Henry W. Howard 17. 17 | (paragraphs 1 - 7) attached as Exhibit A to the Declaration of Richard Reynolds; Exhibits 1g | DE, F, G, & H to the Declaration of Karen Fonseca (Memorandum Agreement, letter 19 | from U.S. Treasury Department, Minutes of Special Meeting of Board 4/22/63; Minutes of 20 Special Meeting of Board 5/17/63; Certificate to Wind up and Dissolve former Slakey 4 Brothers, Inc.); Deposition testimony of Henry W. Howard pages 26:18-27:15 and Exhibit 3 to Henry Howard deposition (pages 22 | 30:3- 23) attached as Exhibit B to the Declaration of John Cowperthwaite; 23 | Declaration of Robert Slakey. BENNETT, SAMUELSEN, REYNOLDS & ALLARD ‘A PROFESSIONAL CORP, YAO) MARINA VILLAGE PaRHWay 6 SUITE 5 ALAMEDA EA Horio SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS1} 18. On July 15, 1965, the San Francisco Bay 18. Area based Slakey Brothers outlets (i.e. 2 || Petaluma, Richmond, San Francisco and Hayward) merged with Siakey Brothers, Oakland, Inc. to become the single corporate entity, Slakey Brothers, Oakland Inc. Two 4 || months later, Slakey Brothers, San Jose, Inc. merged with Slakey Brothers, Oakland, Inc. 5 18. Exhibits | & J to the Declaration of Karen = 18. 6 || Fonseca (Certificates of Ownership filed by Slakey Brothers, Oakland, Inc.; 9/8/65 Merger 7 || Agreement regarding Slakey Brothers, San Jose, Inc.); Declaration of Henry W. Howard g || (paragraphs 8) attached as Exhibit A to the Declaration of Richard Reynolds. 19. The directors of the Sacramento based 19. Slakey Brothers offices continued to conduct their business separately from the San Francisco Bay Area based Slakey Brothers 1 || operations. oc. 2 {| 19. Exhibit K to the Declaration of Karen 19. Fonseca (3/21/66 minutes of Board of 3 | Directors meeting of the Sacramento based Slakey Brothers); Declaration of Henry W. 4 || Howard (paragraphs 1- 8) attached as Exhibit A to the Declaration of Richard Reynolds; 5 || Declaration of Robert Slakey. 20. The operations of Slakey Brothers, 20. pakand, Inc. were suspended effective April 20. Exhibit G to the Declaration of John 20. Cowperthwaite (Secretary of State "Certificate of Filing and Suspension" dated April 6, 1971); Declaration of Henry W. Howard (paragraph 8) attached as Exhibit A 20 | to the Declaration of Richard Reynolds; 27 BENNETT, SAMUELSEN, ‘A PROFESSIONAL CORD. Hol MARINA VILLAGE PARHWAY 7 ‘SUITE 300, abe a guts SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS1 }| 21. On February 1, 1973, the Sacramento 21. based Slakey Brothers gperations (Le. 2 | Sacramento, Redding, Chico, Tahoe, Yuba, Stockton and Delta Pipe & Supply) 3 || consolidated to form a new corporation, Slakey Brothers, Inc. 21. Exhibits L, M, N, & O to Declaration of 21. 5 || Karen Fonseca (Minutes of Joint Meeting of Boards of Directors Meeting 10/19/72; 6 | Minutes of Special Board of Directors Meeting; Indication of good standing from 7 || Secretary of State; Certificate of Approval of Consolidation); Declaration of Henry W. 8 9 Howard (paragraph 9) attached as Exhibit A to the Declaration of Richard Reynolds; Declaration of Robert Slakey. 22, The Sacramento based Slakey Brothers 22. 10 | stores (Sacramento, Modesto, Redding) did not do business in or expand their market 11 | area to Marin or Sonoma Counties during the 1940s, 1950s, or in 1960. 22. Declaration of Robert Slakey in support 22. 13 |, of Motion for Summary Judgment. 14 || 23. Roger Slakey was responsible for the 23. management of the Sacramento based 15 | Operations and William Slakey, assumed general management for the San Francisco 16 | Bay Area stores. The Sacramento based operations and San Francisco Bay Area operations were separately run by the two Slakey brothers. 23. Declaration of Henry W. Howard 23. (paragraphs 1 - 8) attached as Exhibit A to 19 | the Declaration of Richard Reynolds; Exhibits A, D & E to the declaration of Karen Fonseca 20 | (Articles of Incorporation for former Slakey Brothers, Inc, Memorandum Agreement, and 21 | letter from U.S. Treasury Department); Deposition testimony of Henry W. Howard 22 || page 6 lines 16-24; page 9, lines 18-23, page 22, lines 1-18 and Exhibits 2 and 3 to Henry 23 | Howard deposition (pages 16:14 -17:1; 30:3- 23) attached as Exhibit F to the Declaration 24 || of John Cowperthwaite; Declaration of Robert F. Slakey. 26 MH 27 i BENNETT, SAMUELSEN, REYNOLDS & ALLARD ‘A PROFESSIONAL CORP, S30! MARINA VILLAGE PARWAY, 8 SUITE AMEN SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS EDA, CA 94501 1088 (S10) 444-7688,DATED: February 22, 2013 BENNETT, SAMUELSEN, REYNOLDS & ALLARD Johft G. Cowperthwaite 4 Attorneys for Defendant SLAKEY BROTHERS, INC. 1301 MARINA VILLAGE PARWAY 9 E300 ALAMEDA EA bso tose SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS