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  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview 
						
                                
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                                Hakr Law,
A PROFESSIONAL CORPORATION

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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 Montgomery Street, Suite 1000
San Francisco, CA 94111

Tel: 415-926-5800

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

Attorneys for Defendant

ADVANCE MECHANICAL CONTRACTORS, INC,

IN THE SUPERIOR COURT O

IN AND FOR THE COUNTY OF SAN FRANCISCO

ROBERT ROSS AND JEAN ROSS,
Plaintiffs,
vs.
C.C, MOORE & CO., ENGINEERS, et al.,

Defendants.

ELECTRONICAULY
FILED

Superior Court of Califprnia,
County of San Francisco

FEB 22 2013

Clerk of the Court
BY: CAROL BALISTRERI
Deputy Clerk

F THE STATE OF CALIFORNIA

Case No.: CGC-10-275731

DEFENDANT ADVANCE MECAHNICAL
CONTRACTORS, INC.’S NOTICE OF
MOTION AND MOTION FOR
SUMMARY JUDGMENT

Filed concurrently with:

1. Memorandum of Points and Authorities;

2. Separate Statement of Undisputed Material
Facts;

3. Declaration of Melissa D. Ippolito, and
exhibits attached thereto;

4. Declaration of Robert W. Morgan, M.D.,
and exhibits attached thereto;

5. Declaration of Khalil Sheibani, M.D., and
exhibits attached thereto; and

6. [Proposed] Order Granting Advance
Mechanical Contractors, Inc.’s Motion for
Summary Judgment.

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on May 9, 2013 at 9:30 a.m., or as soon thereafter as the

matter may be heard, in Department 503 of the above entitled Court, Defendant Advance

oie
“DEFENDANT ADVANCE MECAHNICAL CONTRACTORS, INC.°S NOTICE OF MOTION AND MOTION FOR
SUMMARY JUDGMENT

Hearing Date: May 9, 2013

Time: 9:30 a.m.

Judge: Hon. Teri Jackson
Dept.: $03

Complaint: December 17, 2010
Trial Date: June 10, 2013Hakr Law,
A PROFESSIONAL CORPORATION

Mechanical Contractors, Inc. (“Defendant”) will move for summary judgment against Plaintiffs
Robert Ross and Jean Ross (“Plaintiffs”).

Summary judgment is appropriate because Plaintiffs have failed to produce any
admissible evidence indicating that Plaintiff Robert Ross’s alleged asbestos exposure caused his
colon cancer. Furthermore, Defendant has produced affirmative evidence in the form of the
Declarations of Robert W. Morgan, M.D. and Khalil Shetbani, M.D., and attached exhibits,
demonstrating that to a reasonable degree of medical certainty, Plaintiff Robert Ross’s colon
cancer was not caused by any alleged asbestos exposure. As such, Plaintiffs’ entire case fails for
lack of causation, warranting summary judgment. (Code Civ. Proc., § 437e(c); Rutherford v.
Owens-Illinois, Inc. (1997) 16 Cal 4th 953.)

This motion will be based on this Notice of Motion and Motion for Summary Judgment;
Memorandum of Points and Authorities; Separate Statement of Undisputed Material Facts;
Declaration of Melissa D. Ippolito, and exhibits thereto; Declaration of Robert W. Morgan,
M_LD., and exhibits thereto; Declaration of Khalil Sheibani, M.D., and exhibits thereto; the
records and files of this case: the matters of which the Court takes judicial notice; and the oral

arguments, if any, presented at the hearing. A proposed order is served concurrently herewith.

Respectfully Submitted,

Dated: February 21, 2013 HAKE LAW,
A PROFESSIONAL CORPORATION

By: /s/ Melissa D. Ippolito

William M. Hake, Esq.

Melissa D. Ippolito, Esq.

Kathryn L. Hoff, Esq.

Attorneys for Defendant

ADVANCE MECHANICAL CONTRACTORS, INC.

“2.

SUMMARY JUDGMENT