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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HAKE Law, A PROFESSIONAL CORPORATION oo “le | DECLARATION OF WILLIAM C. STOCKMAR IN SUPPORT GF BRAGG INVESTMENT COMPANY'S MOTION FOR SUMMARY 1 William M. Hake, Esq. (State Bar No. 110956) Duncan S. Lemmon, Esq. (State Bar No. 184414) Steven A. Kronenberg, Esq. (State Bar No. 215541) FILE HAKE LAW, A PROFESSIONAL CORPORATION 655 Montgomery Street, Suite 1000 ELECTRONICALLY Superior Court of California, County of San Franctsco San Francisco, CA 94111 FEB 22 2013 Tel: (415) 926-5800 Clerk of the Court Fax: (415) 926-5801 BY: WESLEY G. RAMIREZ Depuly Clerk Attorneys for Defendant BRAGG INVESTMENT COMPANY, INC. SUPERIOR COURT FOR THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO ROBERT ROSS, et al., Case No.: CGC-10-275731 Plaintiffs, DECLARATION OF WILLIAM C. vs. STOCKMAR IN SUPPORT OF BRAGG INVESTMENT COMPANY’S MOTION FO! C.C. MOORE AND CO. ENGINEERS, et al., | SUMMARY JUDGMENT/ADJUDICATION Defendants. Complaint: December 17, 2010 Trial Date: June 10, 2013 Date: May 9, 2013 Time: 9:30 a.m. Dept. 503 I, William C. Stockmar, declare: 1. Tam the President of Stockmar International, Inc., a California corporation (“Stockmar”), All of the matters stated herein are personally known to me and if called as a witness, I could and would testify thereto. 2. T have been an officer of Stockmar since 1974, without interruption, to date. Based on my executive duties with Stockmar and review of corporate documents in the company’s possession, | am familiar with the organization of the corporation, which was incorporated in the State of California on March 9, 1972 by my father, Robert A. Stockmar. 3. On September 10, 1974, my father incorporated Bay Western Industrial Maintenance, Inc. (“Bay Western”) as a subsidiary of Stockmar, issuing 80 percent of its stock to} The Robert A. and Katherine K. Stockmar Living Trust, 10 percent to my sister, Linda Stockmar] and the other 10 percent to myself. 1 was an officer of Bay Western from shortly after it was JUDGMENT ADJUDICATIONincorporated in 1974 to the date Bay Western was sold to Bragg, as set forth below. [am familiar with Bay Western based on my executive duties with the company and obtaining and reviewing Bay Western’s corporate documents. 4, When Bay Western was incorporated on September 10, 1974, its existence was funded by capital received from the Robert A. and Katherine K. Stockmar Living Trust. Bay Western was not formed as a result of'a merger of any entities, nor have any entities ever been merged into Bay Western from the date of its incorporation to the date it was sold to Bragg as set forth below. Bay Western did not operate under any other name or as any other business entity prior to the date of its incorporation. Bay Western never purchased the assets or assumed the liabilities of any other corporation, partnership, or business entity from the date of its incorporation to the date it was sold to Bragg. 5. On August 20, 1987, Bragg Petro-Chem Services, Inc., a California corporation, agreed to purchase all of the issued and outstanding stock of Bay Western from Stockmar, with an effective date of June 1, 1987. Bragg Petro-Chem Services, Inc., was merged into Bragg Investment Company, Inc., on August 31, 1988. 6. Neither Stockmar nor Bay Western ever directed, supervised, or used the employees of other contracting companies or refinery personnel. Neither Stockmar nor Bay Western ever supplied any such personnel with any instructions, directions, or equipment. 7. Neither Stockmar nor Bay Western ever manufactured, sold, distributed, or supplied asbestos containing materials or products under any name or under any circumstances. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on this Alay of February 2013 at Ge gh , California, L C. STOCKMAR