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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
  • 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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28

BRYDON:
Huo & PARKER
135 Main Sree
20 FLOOR
San Francisco, CA 945

Edward R. Hugo [Bar No. 124839]
P.M. Bessette (Bar No. 127588]
Josette D. Johnson [Bar No. 195977]
BRYDON HUGO & PARKER

135 Main Street, 20th Floor

San Francisco, CA 94105
Telephone: (415) 808-0300
Facsimile: (415) 808-0333

Email: service@bhplaw.com

Attorneys for Defendant
PERINI CORPORATION

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

FEB 22 2013

Clerk of the Court
BY: ALISON AGBAY
Deputy Clerk

SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

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

(ASBESTOS)
Case No. CGC-10-275731

DECLARATION OF JOSETTE D.
JOHNSON IN SUPPORT OF

PERINI CORPORATION'S MOTION FOR
SUMMARY JUDGMENT

(Filed Concurrently With Notice of Motion;
Memorandum of Points and Authorities;
Separate Statement; Request for Judicial
Notice; Declaration of Josette D, Johnson]

Date: May 9, 2013

Time: 9:30 a.m.

Dept: 503

Judge: Hon. Teri L. Jackson
Complaint Filed: | December 17, 2010
Trial Date: June 10, 2013

| JOSETTE D. JOHNSON, declare as follows:

1 I am an attorney licensed to practice before all the courts of the State of

California and am a senior associate with the law firm of Brydon Hugo & Parker, attorneys

of record for Defendant PERINI CORPORATION in the above-referenced matter. [have

personal knowledge of the facts stated herein, or have gained such knowledge from my

review of the records and documents maintained in our file in the regular course of

business and, if called as a witness, I could and would testify competently thereto.

1

DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF PERINI CORPORATION’S MOTION FOR
SUMMARY JUDGMENTeo wm N BF Oo FO Ne

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20

Brypon
HUGO & PARKER
135 MAIN STREET
20" 300K
Son Feanclsco, CA 94305,

2. Attached hereto as Exhibit A is a true and correct copy of Plaintiff's Third
Amended Complaint.

4. Attached hereto as Exhibit B is a true and correct copy of Perini
Corporation’s Special Interrogatories to Plaintiffs (Set One).

5. Attached hereto as Exhibit C is a true and correct copy of Plaintiff's Amended
Response to Defendant Perini Corporation’s Special Interrogatories, Set One.

6. Attached hereto as Exhibit D is a true and correct copy of pertinent portions
of plaintiff Robert Ross’s transcript of deposition in the matter of Robert Ross v. Asbestos

Defendants, San Francisco County Superior Court, case number 274099.

7. Attached hereto as Exhibit E is a true and correct copy of pertinent portions
of plaintiff Robert Ross’s transcript of deposition in this action.

8. Attached hereto as Exhibit F is a true and correct copy of pertinent portions
of the transcript of deposition of Robert Cantley taken in the matter of Robert Ross v,
Asbestos Defendants, San Francisco County Superior Court, case number 274099.

9. Attached hereto as Exhibit G is a true and correct copy of Declaration of
Howard Spielman and exhibits thereto, filed in Eugene Millard v, Associated Insulation of
California, Superior Court of the County of San Francisco, case No. CGC-09-275091.

10. Attached hereto as Exhibit H is a true and correct copy of transcript of
deposition of Stephen Steele, taken in Sylvia Currier v. Asbestos Defendants, Superior Court of
the County of San Francisco, case No. CGC-06-454323, dated August 21, 2009.

Ii. Attached hereto as Exhibit Lis a true and correct copy of declaration of
Richard Cohen filed by plaintiff in Betty Peterson, et al., v. Associated Insulation of California, et
al, Superior Court of the County of San Francisco, case No. CGC~10-275498.

12. Attached hereto as Exhibit J is a true and correct copy of declaration of
Richard Cohen filed by plaintiff in John Casey et al., v. Asbestos Defendants, Superior Court of
the County of San Francisco, case No. CGC-10-275517.

13. Attached hereto as Exhibit K is a true and correct copy of Order granting
Robertshaw Controls Company's motion for summary judgment in the matter of Eugene

2

DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF PERINI CORPORATION'S MOTION FOR
SUMMARY JUDGMENTec Om N DT BR DO Ne

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28

BRYDON

HUGO & PARKER
135 Mam Srmeny
20" FLOOK
San Brancisee, CA 94105

Millard v, Asbestos Defendants, Superior Court of the County of San Francisco, case No.
CGC-09-275091, finding that sophisticated user defense is applicable. The court's order
implicitly finds that plaintiff Millard, and his union, Asbestos Workers local 16 in San
Francisco, were sophisticated users of asbestos.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Executed on February 22, 2013, at San Francisco,

osétte D. Johnson

3

DECLARATION OF JOSETTE D. JOHNSON IN SUPPORT OF PERINI CORPORATION'S MOTION FOR,
SUMMARY JUDGMENT