Motion-Secondary: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

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                                HAKE LAW,
A PROFESSIONAL CORPORATION

oe

William M. Hake, Esq. (State Bar No. 110956)
Melissa D. Ippolito, Esq. (State Bar No. 239811)
Kathryn L. Hoff, Esq. (State Bar No. 260420)

HAKE LAW, A PROFESSIONAL CORPORATION

655 Monigomery Street, Suite 1000
San Francisco, CA 94111

Tel: 415-926-5800

Fax: 415-926-5801
bill@hakelaw.com
melissa@hakelaw.com
lucy@hakelaw.com

Attorneys for Defendant

ADVANCE MECHANICAL CONTRACTORS, ENC.
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COU!

ROBERT ROSS AND JEAN ROSS,

Plaintiffs,
VS.

C.C. MOORE & CO., ENGINEERS, et al.,

SUMMARY JUDGMENT
Defendants.
Hearing Date: May 9, 2013
Time: 9:30 am.
Judge: Hon. Teri Jackson
Dept.: 503
Complaint: December 17, 2010
. Trial Date: June 10, 2013
1, Melissa D. Ippolito, declare as follows:
1. Tam an attorney licensed to practice law in the State of California and am a

partner of the law firm Hake Law, a Professional Corporation, attorneys of record for Defendant
Advance Mechanical Contractors, Inc. | have personal knowledge of each fact stated in the
declaration and, if called upon to testify, could and would competently testify thereto.

2. Plaintiffs Robert and Jean Ross (“Plaintiffs”) filed their Complaint for Personal
Injury ~ Asbestos on December 17, 2010. On May 8, 2012, the court granted leave for Plaintiffs
to file a Third Amended Complaint, but denied inclusion of a “proposed claim based on the May
2009 asbestosis diagnosis as Mr. Ross had a prior action based on that claim.” A true and correct
copy of the Notice of Entry of Order Granting in Part and Denying in Part Leave to File Third

Le
DECLARATION OF MELISSA D. PPOLITO IN SUPPORT OF BEFENDART ADVANCE MECHANICAL
CONTRACTORS, INC,’S MOTION FOR SUMMARY JUDGMENT

TY OF SAN FRANCISCO

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

FEB 22 2013

Clerk of the Court
BY: CAROL BALIBTRERI
puty Clerk

Case No.: CGC-10-275731

DECLARATION OF MELISSA D.
IPPOLITO IN SUPPORT OF
DEFENDANT ADVANCE MECHANICAL
CONTRACTORS, INC.’S MOTION FORHAKE LAW,
A PROFESSIONAL CORPORATION

moo

oN DO RH &

.

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Amended Complaint, filed on May 11, 2012, is attached hereto as Exhibit A.

3. On May 11, 2012, Plaintiffs Robert and Jean Ross filed their Third Amended
Complaint for Personal Injury and Loss of Consortium — Asbestos, a true and correct copy of
which is attached hereto as Exhibit B. The Third Amended Complaint contains the following
causes of action against Defendant Advance Mechanical Contractors, Inc.: Negligence, Strict
Liability, Loss of Consortium and Premises Owner/Contractor Liability. On page 46, Plaintiffs
include the impermissible language as to the May 2009 asbestosis diagnosis.

4, On June 14, 2012 Defendant Advance Mechanical Contractors, Inc. filed and
served its Answer to Plaintiffs’ Third Amended Complaint for Personal Injury and Loss of
Consortium — Asbestos, a true and correct copy of which is attached hereto as Exhibit C. The
Answer contains a general denial along with affirmative defenses.

5. On June 29, 2012 a Request for Dismissal without prejudice was filed dismissing
the Strict Liability cause of action and “claims arising from the May 2009 diagnosis of asbestosis!
and asbestos-related pleural disease only, as to defendant Advance Mechanical Contractors, Inc.
only,” a true and correct copy of which is attached hereto as Exhibit D.

6. On July 10, 2012, the court entered an Order Granting Defendant Temporary
Plant Cleaners, Inc.’s Motion to Strike Portions of Plaintiffs’ Third Amended Complaint; in
particular the court struck page 46, lines 19-20, “..., and with asbestosis on or about May 2009."
A true and correct copy of the Order is attached hereto as Exhibit E.

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 Granite Bay, California.

VACA .
oN ee
we Melissa 1. Ippolito, Esq.

Dated: February 21, 2013

T

“DECLARATION OF MELISSA D. IPPOLITO IN SUPPO AS
CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGME!Exhibit ABRAYTON@PURCELL LLP.

“aispstess>

eww aw ew

DAVID R. DONADIO, ESQ., S.B. #154436
NANCY T. WILLIAMS, ESQ,, S.B. #201095

BRAYTONGPURCELL LLP ILED
Attorneys at Law fe
222 Rush Landing Road nae Superior Court of California,
RO. Box ¢ fi oe ia 94048-6160 ‘3 ‘County of San Frencisco
lovato, Californie -
aie MAY 11 2012
413) 898-1555 Clerk of the Court
BY: ALISON AGBAY
Attomeys for Plaintiffs Deputy Clerk
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS, ) ASBESTOS

} Ne. C6C-10-275751

Plaintiffs,

} NOTICE OF ENTRY OF ORDER

vs. } GRANTING IN PART AND DENYING IN
PART LEAVE TO FILE THIRD

C.C. MOORE & CO. ENGINEERS; § AMENDED COMPLAINT
Defendanis as Reflected on Exhibit | 5

attached to the Summary Complaint
herein; and DOES 41-8500.

‘TO DEFENDANTS, AND TO THEIR ATTORNEYS OF RECORD HEREIN:

PLEASE TAKE NOTICE that on May 8, 2012, the Court entered the Order Granting in
Part and Denying in Part Leave to File Third Amended Complaint, attached hereto as Exhibit A.
Dated: $y lo, 2512 ELL LLP

“Nancy T. Williams
“Attorneys for PlaintifisExhibit ABRAYTON@PURCELL LLP

ATTORNEYS AT LAW
222 RUSH LANDING ROAD

PO BOX 6169
NOVATO, CALIFORNIA 94948-6169

{415} 898-1555

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: ENDORSED:
DAVID R. DONADIO, ESQ., S.B. #154436 FILED me,
BRAYTON*PURCELL LLP San Francisco County sor Cout”}
Attorneys at Law May
ea. Rush Qanding Road Ng 2012
Pp. OX
Novato, California 94948-6169 we neRK OF THE count

(415) 898-1555

ERICKA Lani
K.

Attorneys for Plaintifts

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ASBESTOS
No, CGC-10-275731

ROBERT ROSS and JEAN ROSS,
Plaintiffs,

vs.

GSenlone as Reflect on Bain

attached to the Summary Complaint
herein; and DOES 1-8500.

ORDER GRANTING IN PART AND
DENYING IN PART LEAVE TO FILE
THIRD AMENDED COMPLAINT

Fee ee el te

Date: May 8, 2012

Time: 9:45 a.m.

Room: 503 - The Hon. Teri L. Jackson
Trial Date: N/A

Filing Date: December 17, 2010

Plaintiffs’ motion for an Order Granting Leave to File a Third Amended Complaint came
on regularly for hearing by the Court on May 8, 2012, in Room 503, The Court, having
considered all papers and evidence submitted, and inferences reasonably deducible therefrom,
determines that per Tentative ruling:

IT IS ORDERED that the motion to.file a Third Amended Complaint is granted in part
and denied in part. It is denied as to” the proposed claim based on the May 2009 asbestosis
diagnosis as Mr. Ross had a prior action based on that claim. it is granted as to all other aspects,

as all other aspects of plaintiffs' motion were unopposed. Pursuant to C.C.P. 473, plaintiffs may
tit

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KAlnlured\i9349\phhORD-MTA-2AMD CMP.

DER =
RDER GRA! PART AND DENYIN! RT FILE AMENDED

EXHIBIT. AoD Oe TD HH BF YH

amend their pleading as stated by this ruling. Once filed, the third amended complaint will be
deemed served on all'defendants who have previously appeared, as of the date of the granting of

the motion to amend. —
Dated: _ MAY-0.8 gui , TERI L. JACKSON
- Judge of the Superior Court

ORDER GRANTING IN PART AND DENVING IN PARTTEA DERG RANTING IN PART AND DENVIN LEAVE TO FILE THIRD AMENDEDSoe RAH FF BY

ATTORNEYS AT LAW
222 RUSH LANDING ROAD
PO BOX 6169
NOVATO, CALIFORNIA 94948-6169
(415) 898-1555

BRAYTON@PURCELL LLP

PROOF OF SERVICE BY LEXIS-NEXIS E-SERVICE

1am employed in the County of Marin, State of California. 1 am over the age of 18
years and am not a party to the within action. My business address is 222 Rush Landing Road,
P.O. Box 6169, Novato, California, 94948-6169.

On May 10, 2012, I electronically served (E-Service), pursuant to General Order No.
158, the following documents:

NOTICE OF ENTRY OF ORDER GRANTING IN PART AND DENYING IN PART
LEAVE TO FILE THIRD AMENDED COMPLAINT

on the interested parties in this action by causing Lexis Nexis E-service program pursuant to
General Order No. 158, to transmit a true copy thereof to the following party(ies):

SEE ATTACHED LIST

The above document was transmitted by Lexis-Nexis E-Service and the transmission
was reported as complete and without error.

Executed on May 10, 2012, at Novato, California.

I declare under penalty

perjury updertig g State of California that the
foregoing is true and correct. j

Eagineers etal.
(C-11-275731

Robert Ross, et al. v. C.C. Moore &

San Francisco Superior Court Case No:

PROOF OF SERVICE BY E-SERVICEDate Created:
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Brayton-Purcell ‘Service List

5/10/2012-10;04:20 AM

Created by: LitSupport - ServiceList - Reporting

Matter Number: 19349.004 - Rabert

Adams Nye Trapani Becht LLP
222 Keamy Street, Seventh Floor
San Francisco, CA 94108
415-982-8955 415-982-2042 (fax)
Defendants:

Pribuss Engineering, Inc. (PRIBUS)

Becherer, Kannett & Schweitzer
Water Tower
1255 Powell Street
Emeryville, CA 94608-2604
510-658-3600 510-658-1151 (fax)
Defendants:
CSK Auto, Inc. (CSKAUT)
Johnson Controls, Inc, (JOHCON)

Bishop, Barry, Drath
Watergate Tower III
2000 Powell Street, Suite 1425
Emeryville, CA 94608
$10-596-0888 510-596-0899 (fax}
Defendants:

Foley Electric Co, (FOLELE)

Buty & Curliano
555 12” Street, Suite 1280
Oakland, CA 9460
510-267-3000 $16-267-01 17 (fax)
Defendants:
Critchfield Mechanical, Inc. (CRIMEC)
Harold Beasley Plumbing and Heating, Inc.
(BEASLY)
S.J. Amoroso Construction Co., Inc.
{AMOCON)

Foley & Mansfield PLLP
300 Lakeside Drive, Suite 1900
Oakland, CA 9461
510-590-9500 $10-590- 9595 (fax)
Defendants:
Acco Engineered Systems, Inc.
{ACCHEA
D.W. Nicholson Corporation (DWNICH)
Fluor Corporation (FLUOR)
Lone Star Industries, Inc, (LNSTR)
Van-Mulder Sheet Metal, Inc.
(VANMSM)

Ross

Archer Norris
P.O. Box 8035
2033 N. Main Street, Suite 800
Walnut Creek, CA 94596
925-930-6600 925-930-6620 (fax)
Defendants:
Albay Construction Company (ALBAY.
Construction Co., inc. (CAHILCG
Cahiti Construction Services, Inc.
(CAHICS)

Bennett, Samuelsen, Reynolds & Allard
1301 Marina Village Parkway
Suite 300
Alameda, CA 94501-1084
510-444- 7688 510-444-3849 (fax)
Defendants:

Slakey Brothers; Ine. (Lakey)

Brydon Hugo & Parker

135 Main Street, 20" Floor

San Francisco, CA 9410!
415-808-0300 415- 208-0333 (fax)
Defendants:

A. Teichert & Son, Inc, (ATBICH)
Bayer Cropscience Inc. (BAYCRO}
Domco Products Texas, L.P. (DOMCO)

- Rountree Plumbing & Heating Inc.
(RNTPLU)
Swinerton Builders (SWINBU)

Cooley Manion Jones, LLP
201 Spear Street

Suite 1800
San Francisco, CA 941
415-512-4381 415- a2: 6791 (fax)
Defendants:

Temporary Plant Cleaners, Inc.
(TEMPLay

Gordon & Rees LI
Shari Weintraub, Esq
101 West Broadway, VF Floor
San Diego, CA 92101
619-696-6700
Defendants:

Marshco Auto Patts, Inc. (ML.

IARAPI)

Run By : Harwood, Jennifer s.

Bassi, Edlin, Huie & Blum LLP
500 Washington Street
Suite 700
San Francisco, CA 94111
415-397-9006 415-397-1339 (fax)
Defendants:

Balliet Bros. Construction Corporation
(BALBRO}

Ber & Ber
0, Box 16070
5030 Lakeshore Avenue
Oakland, CA 94610
$10-835-8330 510-835-5117 (fax)
Defendants:
Berry & Berry (B&B)

Burnham Brown
1901 fiatrison Street
14° Floo:
Oakland, "CA 94612
310-444-6800 510-835-6666 (fax)
Defendants:
Califomia Drywall Co. (CALDRY)

Drinker Biddle & Reath LLP
50 Fremont Street, 20" Floor
San Francisco, CA 94105-2235,
415-591-7500 415-591-7510 (fax)
Defendants:

Pharmacia Corporation, which will do
business in California as Pharmacia
Pharmaceutical Corporation (PHARCA)

Gordon & Rees LLP
Embarcadero Center West
275 Battery Street, Suite 2000
San Francisco, CA 94111
415-986- 5800 415-986-8034 (fax)
Defendan
Goodvear Tire & Rubber Company, The
(GOODYR)Brayton-Purcell Service List

Date Created: $/10/2012-10:04:20 AM

(38H)

Created by: LitSupport - ServiceList - Reporting

Matter Number:

Haas & Najarian, LLP
58 Maiden Lane
Second Floor
San Francisco, CA 94108
415-788-6330 415-391-0555 (fax)
Defendants:

McClure Electric, Inc. (MCCLUR)

Jackson Jenkins Renstrom LLP
55 Francisco Street, 6" Fioor
San Francisco, CA, 94133
415-982-3600 415-982-3700 (fax)
Defendants:

Cosco Fire Protection, Inc. (COSFIR}

McDowall Cotter, A.P.C.
2070 Pioneer Court
San Mateo, CA
650-972-7933 6$0.372-0834 (fax)
Defendants:

Beta Mechanical Contractors, Limited
(BETAMC)

Perkins Coie LLP
Four Embarcadero Center, Suite 2400
San Francisco, CA 94111
415-344-7000 415-344-7050 (fax)
Defendants:

General Mills, inc. (GMILLS)>

Seiman Breitnan LLP
33 New Mantgomery
6" Floor
San Francisco, C.
413-979-0400 as 379: 2099 {fax}
Defendants:
Rountree Plumbing & Heating Inc.
(RNTPLU)

Waleworth, Franklin, Bevins & McCall,

ot Font ome)
San Francisco,
ATS~781-7072 ag: 391. ‘e288 (fax)
Defendants:
D. Zelinsky & Sons, Inc. (ZELINS)
Dure Dyne Corporation (DURODN)

Street, - Floor

19349,004 - Robert Ross

Hake Law, A Professional C6
343 Sansome Stre
Suite 425
San Francisco, CA 54704
415-360-0370 415-364-0371 (fax)
Defendants: |

Advance Mechanical Contractors, Inc.
{ADVMEC)

Bell Products Inc. (BELLPR}

Brage Investment Company, Inc.
Oe ine El HC

‘ins Electrical Company, Inc.

(COLELC)

Emil J. Weber Electric Co. (EMILJIW)

Law Offices of Glaspy & Glaspy
One Walnut Creek Center
100 Pringle Avenue, Suite 750
Walnut Creek, CA 94596
925-947-1300 925-947-1594 (fax}
Defendants:

Fairmont Hotel Company (FAIRH)

McGivney, Kluger & Gla: PY
100 Pringle Avenue
Suite 751
Walnut Creek, “a "88
928-947-1300 -925+947-1594 fx)
Defendants:

Kentile Floors, Inc. (KEN)

Poole & Shaffery, LLP
400 South Hope Street
Suite 1100
Los Angeles, CA 9007
313-439-5300 213« th. 0183 (fax)
Defendants:

H & C Investment Associates, Inc.
(H&CINV)

Sinunu Bruni LLP
333 Pine Street, Suite 400
San Francisco, CA 94104
415-362. 9700 453-362-9707 (fax)
Defendants:
McClare Electric, Inc. (MCCLUR)}

Run By : Harwood, Jennifer s.

imal, Tadlock, Keeney & & Cordery, LLP
100 Bush Street, Suite 1300
San Francisco, CA 94104
415-675-7000 415-675-7008 (fax)
Defendants:
Clausen-Patten, Inc. (CLSNPT)
Commair Mechanical Services
(COMMAR)
Heary C, Beck Compan WCBS)
Webcor Builders, Inc. (WEBCOR)

Low, Ball & Lynch

305 Montgomery Street, 7" Floor
San Francisco, CA 94111-2584
415-981-6630 415-399-1506 (fax)
Defendants:

Giampolini & Co. (GIAMPO)
Pacific Mechanical Corporation
(PACMCR)

McInerney & Dillon, P.C.
1999 Harrison Strect, "Suite 1700
Oakland, CA 946
$10-465-7100 S10. 465-8556 (fax)
Defendants:

Allied Fire Protection (ALLFIR)

Prindle, Amaro, Goetz, Hillyard, Barnes
& Reinhoitz LLP
One California Street, Suite 1910
San Francisco, CA 94111
415-788-8354 415-788-3625 (fax)
Defendants:

iW. MeClenahan Company, Inc.
GWMCC

Red ip Blectric Co. Emeryville, inc.
(REDELE)

Sweeney, Mason, Wilson & Bosomworth
A Professional Law Corporation
983 University Ave., Suite 104C
Los Gatos, C. 95032-7637
408-356-3000 408-354-8839 (fax)
Defendants:

Red ab) Electric Co. Emeryville, Inc.
(REDEL!BRAYTON@PURCELL LLP

ATTORNEYS AT LAW
222 RUSH LANDING ROAD

PO BOX 6169
NOVATO, CALIFORNIA 94948-6169

(15) 898-1555

or BW DA AR BH Dm

mow wee NY RN NS Re! Se Se Se Se Se Be ee
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PROOF OF SERVICE BY MAIL

1 am employed in the County of V arin, State of California. 1 am over the age of 18
ears and am not a party to the within action. My business address is 222 Rush Landing Road,
.O. Box 6169, Novato, California 94948-6169.

On Mar {Oo » 2012, I served the following document(s) described as:
NOTICE OF ENTRY OF ORDER GRANTING IN PART AND DENYING IN
PART LEAVE TO FILE THIRD AMENDED COMPLAINT

on the interested party(ies) in this action as follows:

‘SEE ATTACHED LIST

BY PERSONAL MAILING:

I deposited in the U.S. Mail at Novato, California, the above-described document(s), in a
sealed envelope, with postage fully prepaid, addressed to the party(ies) as stated above.

_X BY OFFICE MAILING
Tam readily familiar with this'office's practice of collection and processing
correspondence, pleadings and-other matters for mailing with the United States Postal
Service on that same day with postage thereon fully prepaid at Petaluma, California in
the ordinary course of business. I placed in the outgoing office mail, the above-
described document(s), in a sealed envelope, addressed to the party(ies) as stated above,
for collection and processing for mailing the same day in accordance with ordinary
office practices,

Executed eNO 012, at Novato, California.

I declare under penalty of State of California that the

foregoing is true and correct.

Robert Ross, et al. v. C.C, Moore & Co. Engineers, ct al.
San Francisco Superior Court Case No, CGC-10-275731

PROOF OF SERVICE BY MAILBrayton-Purcell Service List

Date Created: 5/10/2012-10:04:52 AM

(38H)

Created by: LitSupport - ServiceList - Reporting
Matter Number: 19349.004 - Robert Ross

AGENT FOR SERVICE AGENT FOR SERVICE
Carter, Jerold Hegde, Surendra B.

109 Greenfield Ave. 1519 Tremont Street

Vallejo, CA 94590-3512 Cincinnati, OH 45214-1458 .
Defendants: Defendants: .

Fuller Floors (FULFLO) Cincinnati Valve Company (CVALVE)

Run By : Harwood, Jennifer s.

AGENT FOR SERVICE
Parks, Gerald T. Jr.
c/o Holaday-Parks Fabricators, Inc.
4600 S. 134" Place
Tukwila, WA 98168-3241
Defendants:

James A. Nelson Co., Inc. (INELSN)Exhibit BBRAYTONOPURCED( LLP

tS) 1858

DAVID R. DONADIO, ESO., $.B. #154436
BRAYTON®PURCELL LLP

Atomeysatlow | ELECTRONICALLY
ash Landing Rou
P.O, Box 6169 FILED
Novato, California 94948-6169 ‘Superior Count of California,
(415) 898-1555 Counly of San Francisco

cet MAY 11 2012
Attorneys for Plaintiffs Clerk of the Court

BY: ALISON AGBAY
Deptity Clerk

SUPERIOR COURT GF CALIFORNIA
COUNTY OF SAN FRANCISCO.

ROBERT ROSS and JEAN ROSS,
Plaintiffs,

ASBESTOS
No, CGC-10-278731

THIRD AMENDED COMPLAINT FOR
PERSONAL INJURY AND LOSS OF
CONSORTIUM - ASBESTOS

vs.

CC. MOORE & CO, ENGINEERS;
Defendants as Reflected on Exhibit 1
attached to the Summary Complaint

herein; and DOES 1-850.

L. Plaintiff ROBERT ROSS was born September 9, 1939.

2. ‘The @Brayton%Purcell Master Complaint for Personal Injury {and Loss of
‘Consortium|- Asbestos (hereinafter "Master Complaint") was filed January 2, 2003, in San
Francisco Superior Court. A copy of the Master Complaint and General Order No, 55 may be
obtained upon request from Brayton‘ Purcell, and designated portions of the Master Complaint
are incorporated by reference herein pursuant to the authority conferred by General Ordet No.
54, Plaintifis’ claims are as set forth in said Master Complaint against defendants herein as
follows:
Me

i
WEDEFENDANTS* ON EXHIBITS:

Cause of Action B Bl D E F G H 1 Jt K FL M BN
First (Negligence) K & Oo I oO
Second (Strict Liability) BI HW O oO oO

Third (False

Representation) ® ki oO

As to Defendants CAHILL CONSTRUCTION SERVICES, INC., CAHILL CONTRACTORS, INC., ;
CAHILL CONSTRUCTION CO., INC; HANSON PERMANENTE CEMENT, INC. FORMERLY KNOWN AS KAISER CEMENT CORPORATION, only.

Fourth (i £ . Z SZ
Consortium)» RRBRWeoooo BBB O
Fifth (Premises Owner/ Ri ®

Contractor Liability)

Sixth, Seventh, Eighth 0
(Unseaworthiness, Negligence

[Jones Act],Maintenance and Cure)

Ninth (Longshore and Harbor Workers O
Compensation Act [LHWCA]) .

‘Tenth, Eleventh (F.E.L.A.} Oo

Twelfth, Thirteenth (Respiratory —
Safety Devices)

‘Fourteenth, Fifleenth
(Brake Shoe Grinding}

Sixteenth (Concert of Action) &

Seventeenth, Eighteenth (Fraud, Deceit/Negligent
Misrepresentation/Concealment}

Nineteenth (Fraud/Deceit/
Intentional Misrepresentation)}

Twentieth (Fraud/Deceit - Kent}
Twenty-First (Aiding/Abetting Battery - Met Life}

*and their alternate entities as set forth in the Master Complaint or on any Exhibit.OW Bm We Re

Oo eID

10
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12
B
14
15
16
7
18
19
20
21
22
23
24
25
26
27
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3 Plaintiff's asbestos-related injury, date of diagnosis, employment status, and
history of exposure to asbestos are as stated on Exhibit A.

4, Plaintiffs were married on December 15, 1975.

3. Plaintiff hereby amends the Master Complaint on file herein, to incorporate a
new Twenty-First Cause of Action, set forth below, specially plead against the defendant listed
on Exhibit N, namely METROPOLITAN LIFE INSURANCE COMPANY. (Plaintiffs are in
the process of amending the Master Complaint herein and will include this new Cause of
Action in said amendment.)

“TWENTY-FIRST CAUSE OF ACTION
Aiding and Abetting Battery

[Against Metropolitan Life Insurance Company
and Does 7501-7900, Inclusive]

AS AND FOR A FURTHER, TWENTY-FIRST, SEPARATE AND DISTINCT
CAUSE OF ACTION FOR AIDING AND ABETTING BATTERY, PLAINTIFF
COMPLAINS OF DEFENDANTS METROPOLITAN LIFE INSURANCE COMPANY,
DEFENDANTS ON EXHIBIT N, DOES 7501-7900, THEIR ALTERNATE ENTITIES AND
EACH OF THEM, AND ALLEGES AS FOLLOWS:

225. Plaintiff incorporates herein by reference, as though fully set forth hereat, each
and every allegation of the First through Third and Sixteenth, Seventeenth, Eighteenth and
Nineteenth Causes of Action as though fully set forth herein. (As used throughout this cause of
action, ‘plaintiff’ refers to all named plaintiffs and/or all named decedents from whom the
named plaintiff's injuries may derive.)

226. This cause of action is for the aiding and abetting of battery by METROPOLITAN
LIFE INSURANCE COMPANY (“MET LIFE”). primarily through its assistant medical
director Anthony Lanza, M.D., of a breach of duty committed by Johns-Manville Corporation.
(7-M”").

227. Plaintiff is informed and believes, and thereon alleges, that at all times herein

mentioned defendant MET LIFE was and is a corporation organized and existing under and by

virtue of the laws of the State of New York or the laws of some other state or foreignco UD wm YD ww BN

~

Ce ND HD BR BN

NR Bw NMR NH NR ON YoY
oa AA Fk Oo NS A S

jurisdiction, and that this defendant was and is authorized to do and/or was and is doing
business in the State of California, and regularly conducted or conducts business in the County
of San Francisco, State of California. At times relevant ta this cause of action, MET LIFE was
an insurer of J-M.

228. Plaintiff, was exposed to asbestos-containing dust created by the use of the
asbestos products manufactured, distributed and/or supplied by J-M. This exposure to the
asbestos or asbestos-related products supplied by J-M caused Plaintiff's asbestos-related
disease and injuries.

229. Starting in 1928, MET LIFE sponsored studies of asbestos dust and asbestos-
related disease in Canadian mines and mills, including those of J-M. Those studies revealed
that miners and mill workers were contracting asbestosis at relatively low levels of dust.
McGill University, which conducted the studies, sought permission from MET LIFE to publish
the results but they were never published, MET LIFE prepared its own report of these studies.

230. Between 1929 and 1931, MET LIFE studied dust levels and disease at five U.S.
plants manufacturing asbestos-containing products, including a J-M plant. Those studies
showed that workers in substantial numbers were contracting asbestosis, at levels less than
what became the Threshold Limit Value (“TLV”) of Smppef. The MET LIFE report was never
published or disseminated except to plant owners, including J-M.

231. In 1932, MET LIFE studied dust levels and disease at the J-M plant at Manville,
New Jersey. Results were consistent with those of the Canadian and previous U.S. plant
studies. They were never published.

232. In 1934, J-M and others whose plants MET LIFE had studied agreed with MET
LIFE that it should issue a report of its studies,

233. MET LIFE submitted a draft of its report to J-M. J-M requested, for legal and
business reasons, that certain critical parts of the draft be changed. MET LIFE’s official in
charge was Lanza. MET LIFE through Lanza did make changes that J-M requested, including:

(a) Deletion of MET LIFE’s conclusion that the permissible dust level for asbestos

should be less than that for silica;

MnjucesD19245\phCMP-IAMND wed.

4
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSPw YD BDA he Bw eH

RON MN WR NN NR me me
oY A A BF Yb NR fF 5S Cwme TAWA RNY SF Ss

(b) Addition of the phrase that asbestosis clinically appeared to be milder than-
silicosis.

The report, thus altered, was published in 1935. It was misleading, and intentionally so,
because it conveyed the incorrect propositions that asbestosis was a Jess serious disease process
than silicosis and that higher levels of asbestos dust could be tolerated without contracting
diseases than was the case for silica dust. :

234. MET LIFE had a close relationship with J-M. It invested money in J-M, It
provided group health and life insurance to JM. MET LIFE IN 1934 agreed to supply
industrial hygiene services to J-M, including dust counts, training employees to monitor dust
levels, examining employees, and recommending protective equipment. MET LIFE and Lanza
were viewed as experts on industrial dusts.

235. In 1933, MET LIFE through Lanza issued the following advices to J-M:

(a) Disagreeing with the recommendation of a J-M plant physician, MET LIFE
advised against warning workers of the fact that asbestos dust is hazardous to
their health, basing its advice in view of the extraordinary legal situation;

(b) | When the plant physician judged the best disposition of an employee with
asbestosis was to remove him from the dust, MET LIFE advised instead that
disposition should depend on his age, nature of work and other factors and to
leave him alone if he is old and showing no disability, for, MET LIFE stated,
economic and production factors must be balanced against medical factors.

236. J-M followed the MET LIFE advices and did not wam its workers, including
plaintiff, of the hazards of asbestos dust, and J-M also intentionally refrained from notifying
workers of their disease.

237, In 1936, MET LIFE, J-M and others founded the Air Hygiene Foundation
(“AHF”), One of the AHF purposes was to develop standards for dust levels that would serve
as a defense in lawsuits and workers’ compensation claims.

238. MET LIFE funded partially another study that tentatively recommended in 1938 a
TLV for asbestos dust of Smpecf, the same as for silica dust. MET LIFE was aware of data

Ktnpored: 9545 WNCMP-AMND wod

5
THIRD AMENDED COMPLAINT FOR PERS LINJURY AND LOSS OF CONSORTIUM - ASBESTOSoC OD eo MA Rh B&B Bw ON

te

from its own, unpublished reports that showed that level was too high for asbestos dust. MET
LIFE nonetheless promoted that TLV as proper.

239. In June 1947, the Industrial Hygiene Foundation (“LHF”) which succeeded to the
AHF, issued a report of studies by Dr. Hemeon of U.S. asbestos plants, including a J-M plant.
That report showed that workers exposed to less than the recommended maximum levels of
dust were developing disease. MET LIFE was a member of the [HF and Laviza was on its
medical committee. The Hemeon report, which was supplied to J-M and other owners, never
was published.

240, In 1936, J-M and other asbestos companies agreed with a leading medical research
facility, Saranac Laboratories, that Saranac would research asbestos disease, but J-M and the
others retained control over publication of the results. In 1943 Saranac’s Dr. Leroy Gardner, in
charge of the research, sent a draft to J-M that revealed that 81.8% of mice exposed to long
fiber asbestos contracted cancer. :

241. Dr. Gardner died in 1946, J-M and other companies wanted parts of the Saranac
results published and enlisted the assistance of MET LIFE’s Lanza. J-M and other companies
decided that Saranae’s findings of cancer caused by asbestos in mice must be deleted, as well as
Saranac’s critique of existing dust standards. Lanza directed Saranac to delete the offending
materials. Saranac did so, and the altered report was published in 195} by Saranac’s Dr.
Vorwald, in the AMA Archives of Industrial Hygiene.

242. Lanza left MET LIFE at the end of 1948, and took a position at New York
University, funded by MET LIFE. He continued to misrepresent that asbestos does not cause
cancer into the 1950s.

243. The JHF (formerly AHF), of which MET LIFE was a member and MET LIFE
official was on its medical committee, through Drs. Braun and Truan conducted a study of
Canadian miners. The original report, in 1957, found an increased incidence of lung cancer in
persons exposed to asbestos. The sponsors, including J-M, caused those findings to be stricken,
and the report published in 1958 contained the false conclusion that asbestos exposure alone

did not increase the risk of lung cancer.

KNiryured 9340 pCMP SAMND pd 6
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS GF CONSORTIUM - ASBESTOSCe OP YB RH Bw BP

NM RR NR RN Nt mk
e217 Aw BON &§ Seo wm I DH H BW HY Ss

244, The false and misleading reports that a link between asbestos exposure and cancer
was not proven influenced the TLV, for if a substance causes cancer the TLV must be very low
or zero.

245. J-M not later than 1933 was inflicting asbestos dust on its workers in its plants
knowing that the dust was hazardous and was causing workers to contract disease that could
and would disable and kill them. As MET LIFE advised, J-M did not warn its workers of the
hazard. J-M committed battery on workers in its plants, including plaintiff, by that conduct,

246. MET LIFE knew that J-M’s conduct constituted a breach of its duties to its
workers, MET LIFE gave substantial assistance to J-M in committing batteries on its workers,
including plaintiff, through MET LIFE’s conduct described above, including by:

{a) Affirmatively urging J-M noi to warn workers of the hazards of asbestos dust, in
view of the extraordinary Jegal situation, such that J-M did not warn its workers,
including plaintiff,

(b) Deleting the findings of its own draft report that the allowable limits for asbestos
dust should be less than those for silica dust, and promoting a false and unsafe
TLV which specified maximum levels of silica dust, and promoting a false and
unsafe TLV which specified maximum levels of dust for workers, including
plaintiff, which MET LIFE knew was wrong through its own studies;

(c) . Advising J-M to keep certain workers continuing to work at dusty areas in the
plant even after J-M was aware that their Jungs showed asbestos-induced
changes, lest other workers including plaintiff be alerted to the dangers of
working in the dust.

WHEREFORE, plaintiff prays judgment as is hereinafter set forth.”

6. Plaintiffs do not make a claim for either false representation or punitive damages
against any named defendant herein, except as against defendants HANSON PERMANENTE
CEMENT, INC. FORMERLY KNOWN AS KAISER CEMENT CORPORATION, CAHILL
CONSTRUCTION SERVICES, INC., CAHILL CONTRACTORS, INC., and CAHILL
CONSTRUCTION CO., INC.

u

KAlggaresRI9B4DpIcACMP-ZAMND wp 7
THIRD AMENDED COMPLAINTTOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSCe WDA HW RB WD wD mm

3

7. Plaintiff's claims against TEMPORARY PLANT CLEANERS, INC. arise from
ifs employees’ removal and disturbance of existing and newly applied asbestos-containing
thermal insulation and gaskets during installation, remodel and repair work in close proximity
to plaintiff ROBERT ROSS, to wit: Tidewater Associated Oil, Avon, CA., 1959-1965
(3 weeks), 1961-1962 (Approx 1 month); Union Oil, Rodeo/Oleum, CA., 8/1960-7/1961,
10/1961-6/1962, 5/1965-12/1966 (3 weeks, on and off), 1973-1977 (on and off for approx.

2 months), 1/1974-3/1974 (3 weeks, on and off), 1/1977-2/1977 (2 months); Shell Oil,
Martinez, CA., 7/1961-10/1961, 7/1962-5/1965 (6 weeks, on and off}, 7/1961-10/1961, 7/1962-
5/1965 (2 weeks, on and off), 7/1961 -10/1961, 7/1962- 12/1962 (3 weeks, on and off), 8/1960-
FA9G1, 10/1961-6/1962, 5/1965-12/1966 (2 weeks, on and off), 1973-1977; Standard Oil,
Richmond, CA., 7/1961-10/1961, 7/1962-5/1965 (3 weeks, on and off), 10/1973-12/1973,
3/1974-3/1976, 10/1976-2/1977 (4 months, on and off), 1974 - 1977; Phillips Petroleum
Company/ Lion Oil Company, Avon, CA., 10/1973-12/1973, 3/1974-3/1976, 10/1976-2/1977
(1 month, on and off); Chevron Chemical (aka Ortho Plant), Richmond, CA, 1/1974-3/1974
(2 weeks, on and off) In addition, plaintiffs’ claims arise from TEMPORARY PLANT
CLEANERS, INC, supplying asbestos-containing gaskets and asbestos-containing thermal
insulation for those same jobsites.

8. Plaintiffs claims against COLLINS ELECTRICAL COMPANY, INC.
arise from its employees’ disturbance of existing and newly applied asbestos-containing
fireproofing and thermal insulation during their installation, remodel and repair work in close
proximity to plaintiff ROBERT ROSS, to wit: Mare Island Naval Shipyard, Vallejo, CA., 1959
(on and off for 3 months), 10/1973-12/1973, 3/1974-3/1976, 10/1976-2/1977 (1 month, on and
off}, 1977 G to 4 weeks, on and off}; Veterans Administration Hospital, Palo Alto, CA., 1960 -
1962, 1965 - 1966, 1977 (approx. 2 months); San Francisco International Airport, San
Francisco, CA., 8/1960-7/1961, 10/1961-6/1962, 5/1965-12/1966, 1/1967-3/1972, 1979
(2 weeks, on and off); San Francisco State University, San Francisco, CA., 8/1960-6/1962,

5/1965- 12/1966, 1/1967-3/1972, 1983 (April) (2 weeks, on and off); Children’s Hospital,
California Street, San Francisco, CA., 1960-1962, 1965-1966, 1967 - 1972, 1977 - 1981 {onOo © WD wh Bw TD

10

and off); Firestone Tire & Rubber Salinas, CA., 8/1960-7/1961, 10/1 961-6/1962, 5/1965-
12/1966 (3-4 weeks); IBM, Cottle Road, San lose, CA., 1960 - 1962, 1965 - 1966, 1967-1972,
1977-1981; Lockheed, Sunnyvale, CA., 1960 - 1962, 1965 - 1966, 1967-1972, 1977-1981;
University of California, Berkeley, CA., 8/1960-7/1961, 10/1961-6/1962, $/1965-12/1966,
1/1967-3/1972, 4/1977-3/1981; UC Berkeley (Ceniral Steam Plant), Berkeley, CA., 1960 -
1962, 1965 - 1966 (1 week), Standard Oil, Richmond, CA., 7/1961-10/1961, 7/1962-5/1965

(3 weeks, on and off), 10/1973-12/1973, 3/1974-3/1976, 10/1976-2/1977 (4 months, on and
off), 1974 - 1977; University of California, Berkeley, CA. (Boiler Plant), 7/1961-10/1961,
7/1962-5/1965 (3 weeks), Sacramento Convention Center, Sacramento, CA., (16" St), 4/1972-
9/1973 (3 months, on and off); Aerojet-General, Rancho Cordova, CA., 4/1972-9/1973 (18
working days); Bay View Housing Development (Hunters Point), San Francisco, CA., 1978

(2 weeks, on and off); University of California, Berkeley, CA. (Warren Hall), 1979 (2 weeks);
UC Berkeley, Berkeley, CA.,1980 - 1989,; 1990 - 1991, 1993, 1992-1993; University of
California, Berkeley, CA. (Hearst Gym), 1981 (2 weeks, on and off); University of California,
Berkeley, CA. (Gilman Hall), 1981 (1 week, on and off); University of California, Berkeley,
CA. (Life Science Building), 1981 (114 weeks, on and off); Mare Island Naval Shipyard,
Vallejo, CA. (Building 503); 1981 (6 weeks, on and off); St. Francis Hospital, San Francisco,
CA., 1982 (2 weeks, on and off), 1984 (1 week, on and off); University of California (Dwight
Derby School for the Deaf), Berkeley, CA., 1983 (1 week, on and off); University of California
(Harmon Gym), Berkeley, CA., 1983 (Oct.-Dec.} (3 weeks, on and off}, University of
California (Robbins Hall), Berkeley, CA., 1983 (Oct.-Dec.) (2 weeks, on and off); Mare Island
Naval Shipyard, Building 71, Vallejo, C.A., 1984 (2 months, on and off); and Mare Island
Naval Shipyard (Building 70), Vallejo, CA., 1985 (2 weeks, on and off). .

7. With regard to CAHILL CONSTRUCTION SERVICES, INC., CAHILL
CONTRACTORS, INC., CAHILL CONSTRUCTION CO., INC., hereinafter “CAHILL,”
plaintiffs allege that it acted with malice, oppression or fraud, in conscious disregard of the
tights or safety of plaintiff's and other persons similarly situated.

Me

‘Koinjred 193491 2SCMP-SAMND 9
THIRD AME! COMPL: iF ND LOS: SOR’ - ASBE:Even though CAHILL was under mandatory duties to protect workers on its job sites
and CAHILL admits thai, at a CAHTLL-run job site, there is nothing more important than
safety,

- No CAHILL senior executive, prior to the 1980s, did anything respecting the
tights and safety of any worker with regard to asbestos;

- CAHILL cannot identify any CAHILL job superintendent im the 1970s or 1980s
that were known to have read or reviewed the California General Safety Orders or had
any idea what they say or prescribe;

CAHILL took no precautions at any construction site regarding asbestos, prior
to the {980s;

- CAHILL has never prepared any written communications regarding the dangers
of asbestos;

- CAHILL never posted any notices with regard to asbestos at any of its job sites,
prior to the 1980s;

CAHILL never employed any laborers whe used any special equipment to clean
up asbestos-laden debris at any CAHILL-rum job site, prior to the 1980s;

- CAHILL did not supply or make available to any of its employees or
subcontractors any special equipment for cleaning up asbestos-laden debris; nor did it
mandate the use of such special equipment;

- CAHILL took no steps to employ any housekeeping steps to eliminate,
tno. or control workers’ exposure to asbestos at any LL-run job site prior to
the

- CAHILL never provided any change rooms, showers, baths or lavatories or
similar facility(ies) 1o address workers’ exposure to asbestos at any CAHILL-run job
site prior to the 1980s;

-¢ CAHILL never conducted any testing for airborne asbestos at any CAHJLL-run
job site prior to the 1980s;

- CAHILL has never refused to allow any subcontractor to deliver to or use
asbestos-containing products at any CAHTLL-run job site,

- CAHILL has never had policy to place any warnings regarding asbestos at any
building; and

- b CAHILL has made no attempt to determine how many people is has exposed to
asbestos.2D BO we wR A HW BRB WN

Accordingly, plaintiffs are entitled to recover punitive damages from CAHILL.

Dated: Y) Ne BRAYTON“SPURCELL LLP

By:
David R. Donadio
Attorneys for Plaintiffs

x: est 97a9tpldACMP-3ARIND wad.

i
IRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSEXHIBIT 1Oo 2 © ADR WH BR & HS

”

Cm YD Ah BY

boMe Ye RY YW wY NY
cD A A RB Be BW SS

EXHIBIT 1 - LIST OF DEFENDANTS

C.C. MOORE & CO. ENGINEERS.

ASSOCIATED INSULATION OF CALIFORNIA

FLUOR CORPORATION s
HANSON PERMANENTE CEMENT, INC. FORMERLY KNOWN AS KAISER CEMENT CORPORATION
METROPOLITAN LIFE INSURANCE COMPANY

OAKFABCO, INC.

SLAKEY BROTHERS, INC.

BAYER CROPSCIENCE INC.

GRAYBAR ELECTRIC COMPANY, INC.

CSK AUTO, INC.

THE GOODYEAR TIRE & RUBBER COMPANY

JOHNSON CONTROLS, INC.

PHARMACIA CORPORATION, WHICH WILL DO BUSINESS IN CALIFORNIA AS PHARMACIA PHARMACEUTICAL CORPORATION
H & C INVESTMENT ASSOCIATES, INC.

FOLEY ELECTRIC CO.

CINCINNATI VALVE COMPANY

C&R PLASTERING, INC.

TUTTLE AND BAILEY CORP

LAUB SHEET METAL WORKS

WILLARD ELECTRIC

WESTBURNE SUPPLY, INC.

COMMAIR MECHANICAL SERVICES

ACCO ENGINEERED SYSTEMS, INC.

CONSOLIDATED INSULATION, INC.

WRIGHT SCHUCHART HARBOR COMPANY

ALLIED FIRE PROTECTION

PRIBUSS ENGINEERING, INC.

ADVANCE MECHANICAL CONTRACTORS, INC.

COSCO FIRE PROTECTION, INC.

CAHILL CONSTRUCTION SERVICES, INC.

DORN REFRIGERATION AND AIR CONDITIONING

MARINE ENGINEERING AND SUPPLY COMPANY
VAN-MULDER SHEET METAL, INC.

IMPERIAL PLASTERING & DRYWALL

GENERAL MILLS, INC.

KENTILE FLOORS, INC.

DOMCO PRODUCTS TEXAS, L.P.

FULLER FLOORS

ROBERT MAGEE

MARSHCO AUTO PARTS, INC.

EMIL J. WEBER ELECTRIC CO.

THE W.W. HENRY COMPANY

TEMPORARY PLANT CLEANERS, INC.

D, ZELINSKY & SONS, INC.

ALBAY CONSTRUCTION COMPANY

PACIFIC MECHANICAL CORPORATION

WALNUT CREEK SHEET METAL, FURNACE & AIR CONDITIONING, INC.
PARKER INSULATION CONTRACTING & SUPPLY CO. INC.

EX- FME, INC. (FKA FISCHBACH AND MOORE ELECTRIC, INC.)
GIAMPOLINI & CO.

K SInjurexh19349%pRKOMP.3AMND 13
HIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSOR’ 1UM - ASBESTOSoOo Mm ID

WEBCOR BUILDERS, INC.

JONES PLASTERING COMPANY

JW. MCCLENAHAN COMPANY, INC. -
SCOTT CO. OF CALIFORNIA

BARNES CONSTRUCTION CO.

BALLIET BROS. CONSTRUCTION CORPORATION
CLAUSEN-PATTEN, INC.

A, TEICHERT & SON, INC,

CRITCHFIELD MECHANICAL, INC.

JOSEPH BRUNO SHEET METAL CO., INC.
BELL PRODUCTS INC.

ALLEN-SIMMONS HEATING & SHEET METAL COMPANY INC.
ROLLIE R. FRENCH, INC.

HENRY C. BECK COMPANY

INSULATION SPECIALTIES, INC.

TEMPER INSULATION

RED TOP ELECTRIC CO. EMERYVILLE, INC.
SFL,INC.

ALLSBERRY MECHANICAL CORPORATION
MIDSTATE MECHANICAL, INC.

ROUNTREE PLUMBING & HEATING INC.
COLLINS ELECTRICAL COMPANY, INC.
HAROLD BEASLEY PLUMBING AND HEATING, INC.
SUGDEN ENGINEERING CO.

LONE STAR INDUSTRIES, INC.

JAMES A. NELSON CO., INC.

MICHAEL BROTHERS

MACK CONSTRUCTION CO.

MITCHELL BROS. TRUCK LINES, INC.

AIR SYSTEMS MECHANICAL CONTRACTOR
A &K HEATING COMPANY, INC.
ADVANCED MECHANICAL

PACIFIC FIREPROOFING

MATTOCK CONSTRUCTION COMPANY
HARRY LEE PLUMBING & HEATING

W.C. THOMASON

CLIMATE AIR, INC.

ALLIED SPRINKLER COMPANY, INC.
DELUCCHI SHEET METAL WORKS
MCCLURE ELECTRIC, INC.

DPR CONSTRUCTION

CIR PLASTERING

COSCO SPRINKLER,

ROLLINS CONSTRUCTION

BANNER DRYWALL & PAINTING CQ. INC.
ORTHO-CRAFT

DONOVAN CONSTRUCTION

BETA MECHANICAL CONTRACTORS, LIMITED
PRIBUSS ENGINEERING

DILLAND SEDERBERG PLUMBING

ERWIN MECHANICAL INC.

CLIMATE CONTROL CO., INC.

KMplured\193¢0%gkKCMP.AAMND wed, 14
THIRD A ENDED COMPLA NT FOR PERSONAL INIURY AND LOSS OF CONSORTIUM - ASBESTOSoO CV me BR he B® ww NY

DORN REFRIGERATION

CASTRO CONSTRUCTION, INC.

VAN MULDER SHEETMETAL

W.C. THOMPSON

CALIFORNIA DRYWALL CO.

BRAGG INVESTMENT COMPANY, INC,

FAIRMONT HOTEL COMPANY

TEXACO, INC.

D.W. NICHOLSON CORPORATION

SWINERTON BUILDERS

ANDERSON, ROWE & BUCKLEY, INC.

CAHILL CONTRACTORS, INC.

CUPERTINO ELECTRIC, INC.

J.T. THORPE & SON, INC.

MALM METAL PRODUCTS, INC,

PERINI CORPORATION

RAYMOND INTERIOR SYSTEMS-NORTH

S.J. AMOROSO CONSTRUCTION CO., INC. (formerly sued as DOES 14 and 1014)
DURO DYNE CORPORATION (formerly sued as DOE 13 and 1013)
CAHILL CONSTRUCTION CO., INC. (formerly sued as DOES 12 and 1012)
and DOES 1-8500,

Defendants.

Knjueed 19349 98|CMP-SAMIND wp 15
HIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOS:EXHIBIT ACoo I A

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

EXHIBIT A

Plaintiffs exposure to asbestos and asbestos-containing products occurred at various

locations both inside and outside the State of California, including but not limited to:

Employer

Philip Carey
Cincinnati, OH

Coast Insulating Products
Los Angeles, CA

Universal Insulation
520 6" Avenue
Menlo Park, CA

Universal Insulation
520 6" Avenue
Menlo Park, CA

AC&S
Lancaster, PA

Western Asbestos

Western Asbestos
3150 3% Street
San Francisco, CA

Western Asbestos
3150 3° Street
San Francisco, CA

Heat, Frost & Asbestos
Workers Union

Local 16

Western Asbestos

3150 3” Street
San Francisco, CA

Mh

Kolinjured\9349%p1CMP.3AMND.wpd

Location of
Exposure

Warehouse
101 Williams
San Francisco, CA

Jack Tar Hotel

(aka Cathedral Hill Hotel)

1101 Van Ness

, San Francisco, CA

Fertilizer Plant
Helm, CA

Mare Island Naval
Shipyard
Vallejo, CA

Hewlett Packard
Menlo Park, CA

UC Berkeley (Central
Steam Plant),
Berkeley, CA

Tidewater Associated Oil
Avon, CA

PG&E Powerhouse
Pittsburg, CA

Queen of the Valley
Hospital
Napa, CA

Maritime Union
Mission Street
San Francisco, CA

Job Title

Warehouseman

Insulator
(Apprentice)

Insulator
(Apprentice)

Insulator
(Apprentice)

Insulator

Insulator

Insulator

Insulator

Insulator

McKinleyville High School Insulator

McKinleyville, C.

Exposure
Dates

2/1959-8/1959;
12/1959-1/1960
(1 week)

8/1959-9/1959
(approx. 5 wks)

1959 (on and off
for 3 months)

1959 (1-2 weeks)

1960-1962;
1965-1966
(1 week)

1959-1965
(3 weeks)

1/1960-7/1960

7/1960 (3 weeks)

Approx. 1960
(1 day)

7/1961-10/1961;
7/1962-5/1965
(3% weeks, on
and off)

EXHIBIT A

17
THIRD AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOS.CD mY DA wh BB WwW BP +

Enyployer

Western Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3 Street
San Francisco, CA

Western Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3 Street
San Francisco, CA

Western Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3 Street
San Francisco, CA

Western Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3" Street
San Francisco, CA

Wester Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3” Street
San Francisco, CA

Hf

Kilnjured 19249%pkRCMP-2AMND.wpd

THIRD AM

'OMPLA\)

EXHIBIT A (cont'd.

Location of
Exposure

Calaveras Cement Plant

Redding, CA

Tidewater Oil Company

Avon, CA

Monsanto Chemical
Avon, CA

PG&E Powerhouse
Pittsburg, CA

Colgate Palmolive
Berkeley, CA

Gerber Foods
Oakland, CA

Ampex Systems Corp.
Redwood City, CA

Pacific Bell Telephone
San Francisco, CA.

PG&E
Antioch, CA

Hercules Powder
Hercules, CA

Georgia Pacific
Arcata, CA

‘ 18

OR P IN Y Al

Job Title

Insulator

Insulator

Insulator

Insulator

Ins

Tnsu!

Tnsu

Insu!

Insu

Tnsu.

ator

lator

ator

lator

ator

ator

ator

F

Exposure
Dates

1961-1965
(1 month)

1961-1962
(Approx | month)

1961-65 (Approx
1 month)

1961-1965
(3 months)

7/1961-10/1961;
H1962-S/1965
(5 weeks, on and
off)

7/1961-10/1961,;
7/1962-5/1 965
(3 weeks, on and
off)

1961-1962 (2-3
weeks, on and off)

1961-1965
(3 months)

1961-1965
{5-6 months)

7/1961-10/1961;
711962-5/1965

(L month, on and
off)

7/1961-10/1961;
7/1962-5/1965

(2-3 months, on
and off)

EXHIBIT A

ORTI - ASBE;Oo eB NIN DA

Employer
Western Asbestos

3150 3" Street
San Francisco, CA

ie

EXHIBIT A (cont'd,
Location of
Exposure

Bethlehem Steel
Shipbuilding
San Francisco, CA

‘triple A Machine Shop
(Pier 64)
San Francisco, CA

Willamette Shipyard
Richmond, CA

Pacific Ship Repair
(Pier 36)
San Francisco, CA

Todd Shipyard
Oakland, CA

Matson Navigation
(Pier 30)
San Francisco, CA

Naval Air Station
‘Alameda, CA.

JOSEPH P. KENNEDY
JR.
(DD-850)

CHEYENNE
(T-AG-174)

" HAWAUAN PLANTER

(1945) :

GRAFFIAS
(AF-29)

MATHEWS
(AKA-96)

MERRICK
(AKA-97)

TWINING
(DD-540)

GENERAL WA. MANN
(AP-112)

Exposure
Dates

FOG L-1O/1961;
TA962-5/1965

(on and off for
approx. | week
each time)

EXHIBIT A

Aiur sold CMP 1 19
THIRD AMENDED COM SED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBESTOSCm YN OH

Employer

Western Asbestos
3150 3" Street
San Francisco, CA (cont’d.)

Western Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3” Street
San Francisco, CA

Western Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3" Street
San Francisco, CA

Wt

KNjyreci (9349191 CMP-3AMND 4

TH AMENDED

TAINTH

EXHIBIT A (cont'd.)

Location of
Exposure

Bethlehem Steel
Shipbuilding
San Francisco, CA

MONTEREY
(1952)

BLAND
(APA-134)

PONTCHARTRAIN
(WPG-70)

CALIFORNIAN
(1946)

AMERICAN ROBIN
(1943)

ROSE KNOT
(1945)

HAWADAN
(1946)

Grace Cathedral
San Francisco, CA

Western-Asbestos Pad
Shop, 3 Avenue and
Army, San Francisco, CA

PG&E Nuclear
Powerhouse
Humboldt County
Eureka, CA.

PG&E
San Francisco, CA
(Potrero Station)

Dow Chemical
Pittsburg, CA

ob Title

Insulator

Insulator

Insulator

Insulator

Insulator

Insulator

20
PERSONAS INJURY Al OSS 1

Exposure
Dates

7/1961 -10/1961;
7/1962-5/1965

1963-1965

7/1961-10/1961;
7/1962-5/1965
(2. weeks, on and

off)

7/1961-10/1961,;
TI1962-5/1965 4
(2 -3 days, on an
off)

TF/A9GI-1G/1961;
7#1962-12/1962
(5 months, on and
off)

7/1961-10/1961;
7/1962-5/1965
(2 to 3 weeks, on
and off)

7/1961-10/1961;
7/1962-5/1965
(1 month, on and
off)

EXHIBIT A

RTIOM - ASBESTOStw

Go OD Oe NY A ww BR Ow

Employer

Western Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3” Street
San Francisco, CA

Western Asbestos
3150 3° Street
San Francisco, CA

Western Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3° Street
San Francisco, CA

Western Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3" Street
San Francisco, CA

Western Asbestos
3150 3" Street
San Francisco, CA

AC&S Insulation
P.O, Box 1268
Lancaster, PA

il

EXHIBIT A (cont'd.)

Location of
Exposure

Shell Qi1
Martinez, CA

PG&E
Oakland, CA

Vallecitos Atomic
Laboratory
Pleasanton, CA

Missile Base
Live Oak, CA

University of California
Berkeley, CA.
(Boiler Plant)

Sheil Oil
Martinez, CA

Standard Oil
Richmond, CA

Shell Oil
Martinez, CA

Hills Brothers Coffee
San Francisco, CA

US Department of
Agriculture
Albany, CA

Job Title

Insulator

Insulator

Insulator

Insulator

Insulator

insulator

Insulator

Insulator

Insulator .

Insulator

Exposure
Dates

7/1961-10/1961;
741962-5/1965
{6 weeks, on and

off}

TA961-1LO/1961;
TH 962- 12/1962
(2 weeks, on and
off}

7/1961 -10/1961;
7/1962-5/1965

(2 weeks, on and
off)

7/1961-10/1961;
7/1962-5/1965
(1 month, on and

off)

7/1961-10/1961,
7/1962-5/1965
(3 weeks)

7/1961 -10/1961;
T/1962-5/1965,

(2 weeks, on and
off)

7/1961-10/1961,;
711962-5/1965
(3 weeks, on and
off)

T/1961-10/1961;
7/1962- 12/1962
(3 weeks, on and
off)

7/1961-10/1961;
7/1962-5/1965
{2 weeks, on and
off)

8/1960-7/1961;
10/1961 -6/1962;
5/1965-12/1966
(2 months, on and
off)

EXHIBIT A

i soup. 21 .
T ai ft) AMENDED COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM - ASBES TOSEmployer

AC&S Insulation
P.O. Box 1268
Lancaster, PA

AC&S Insulation
P.O, Box 1268
Lancaster, PA

AC&S Insulation
P.O. Box 1268
Lancaster, PA

AC&S Insulation
P.O. Box 1268
Lancaster, PA

AC&S Insulation
P.O. Box 1268
Lancaster, PA

AC&S Insulation
P.O. Box 1268
Lancaster, PA

AC&S Insulation
P.O. Box 1268
Lancaster, PA

AC&S Insulation
P.O. Box 1268
Lancaster, PA

AC&S Insulation
P.O. Box 1268
Lancaster, PA

Me

EXHIBIT A (cont'd.)

Location of
Exposure

Steinhart Aquarium
San Francisco, CA

Union Oil
Rodeo/Olcum, CA

Sonoma State University
Rohnert Park, CA.

(Science Building, Steam
Tunnels & Boiler Room)

Oakland Coliseum
Oakland, CA

Firestone Tire & Rubber
Salinas, CA

Golden Gateway
Apartments
San Francisco, CA

Oakland Museum
Oakland, CA

California State University
Humboldt, CA
{Science Building)

AEC-Lawrence Liver