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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28 BUTY & CURLIANOLLP 585-12" Suey JASON J. CURLIANO [SBN 167509] GEORGE 8. SULLIVAN [SBN 187793] BUTY & CURLIANO LLP 555 — 12! Street, Suite 1280 ELECTRONICALLY Oakland, California 94607 FILED pet 3 loser ont Superior Court of California, ax! .. County of San Francisco Email: jasonc@butycurliano.com FEB 20 2013 jsullivan@pbutycurliano.com Clerk of the Court Attorneys for Defendant BY: CAROL oA sepuly clerk HAROLD BEASLEY PLUMBING & HEATING, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION ROBERT ROSS and JEAN ROSS, No. CGC-10-275731 Plaintiffs, DECLARATION OF GEORGE S. SULLIVAN IN SUPPORT OF DEFENDANT HAROLD BEASLEY HEATING & PLUMBING, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION v. C.C. MOORE & CO. ENGINEERS; et al., Defendants. Date: May 8, 2013 Time: 9:30 a.m. Dept: 503 Trial: June 10, 2013 Ne ee ee ee eee ee eee I, George S. Sullivan, declare: L lam an attorney at law duly licensed to practice before all of the courts of the State of California and an attorney with the law firm of Buty & Curliano LLP, attorneys of record for Harold Beasley Plumbing & Heating, Inc. (“Beasley”). it} 1 DECLARATION OF GEORGE S. SULLIVAN IN SUPPORT OF DEFENDANT HAROLD BEASLEY PLUMBING & HEATING, INC.’s MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION1 2. This declaration is made to present evidence in support of Beasley’s Motion for 2 | Summary Judgment or, Alternatively, Summary Adjudication. 3 3. 1am one of the attorneys responsible for handling this file and, in that capacity, have 4 | personal knowledge of the facts set forth in this declaration; except as to those matters stated on 5 | information and belief, and as to those matters I believe them to be true. If called upon as a 6 | witness, I would and could competently testify as to the facts set forth in this declaration. 7 4. Attached hereto as Exhibit A is a true and correct copy plaintiffs’ Third Amended 8 | Complaint for Personal Injury and Loss of Consortium — Asbestos. 9 5. Attached hereto as Exhibit B is a true and correct copy of Beasley’s Answer to Third 0 | Amended Complaint for Personal Injury and Loss of Consortium — Asbestos. 1 6. Attached hereto as Exhibit C is a true and correct copy of the Defendants’ Standard 2 | Interrogatories to Plaintiff (Personal Injury), Set 1. 3 7. Attached hereto as Exhibit D are true and correct copies of plaintiffs’ Answers to 4 || Interrogatories and verification. 5 8. Attached hereto as Exhibit E are true and correct copies of the Title Page, Pages 6 | 300-301, 374-397, 1639-1659, 3019-3030, and 3035-3036, and reporter’s certificate from the 7 | deposition of Robert Ross in San Francisco Superior Court Case No. 274099. 8 9. Attached hereto as Exhibit F are true and correct copies of the Title Page, Pages 9 | 2187-2205, and reporter’s certificate from the deposition of Robert Ross in San Francisco Superior 20 | Court Case No. 275731. 21 10. Attached hereto as Exhibit G is a true and correct copy of Beasley’s Special 22 | Interrogatories to Plaintiff, Set One. 3 11. Attached hereto as Exhibit H are true and correct copies of Plaintiff Robert Ross’s 24 | Response to Defendant Harold Beasley Plumbing and Heating, Inc.’s Special Interrogatories and 25 || verification. 26 12. Attached hereto as Exhibit I is a true and correct copy of Beasley’s Request for 27 | Production of Documents to Plaintiff, Set One. 28 2 SUT CURUANO A DECLARATION OF GEORGE S. SULLIVAN IN SUPPORT OF DEFENDANT HAROLD BEASLEY PLUMBING & Ona. ch 07 HEATING, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION0 Oo ND wh RB YW DN 28 BUTY 2 CURLANOLLP 555. 12" Serecr 13. Attached hereto as Exhibit J are true and correct copies of Plaintiff Robert Ross’s Response to Defendant Harold Beasley Plumbing and Heating, Inc.’s Request for Production of Documents and verification. 4. Attached hereto as Exhibit K is a true and correct copy of Harold Beasley Plumbing & Heating, Inc.’s Special Interrogatories to Plaintiffs, Set Two. 5. Attached hereto as Exhibit L are true and correct copies of Plaintiffs’ Response to Harold Beasley Plumbing & Heating, Inc.’s Special Interrogatories, Set Two and verification. 6. Attached hereto as Exhibit M is a true and correct copy of Harold Beasley Plumbing & Heating, Inc.’s Request for Production of Documents to Plaintiffs, Set Two. 7. Attached hereto as Exhibit N are true and correct copies of Plaintiffs’ Response to Harold Beasley Plumbing & Heating, Inc.’s Request for Production of Documents, Set Two and verification. 18. Attached hereto as Exhibit O is a true and correct copy of the Declaration of James Beasley in Support of Defendant Harold Beasley Plumbing & Heating, Inc.’s Motion for Summary Judgment or, Alternatively, Summary Adjudication. 19. Attached hereto as Exhibit P is a true and correct copy of the Declaration of Kyle Dotson in Support of Defendant Harold Beasley Plumbing & Heating, Inc.’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication. 20. Attached hereto as Exhibit Q are true and correct copies of the Title Page, Pages 229-240, 524-525, 575-576, 580-581, 605-625, 633-644, 656-661, 670-674, 701-706, 716-732, 780-782, 792-794, and 994-1003, and reporter’s certificate from the In Re: Complex Asbestos Litigation (SFSC No. 438260) deposition of Arthur R. Klimack. 21. Attached hereto as Exhibit R are true and correct copies of the Title Page, Pages 32 and 46-55, and reporter’s certificate from the Deposition of Arthur Klimack in Klimack v. Asbestos Defendants (SFSC No. 438260). 22. Attached hereto as Exhibit S is a true and correct copy of excerpts from The Asbestos Worker from April 1957. 3 DECLARATION OF GEORGE S, SULLIVAN IN SUPPORT OF DEFENDANT HAROLD BEASLEY PLUMBING & HEATING, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONCO 6B WM DH MR FW NY me —_ Oo 12 28 BUTY 8 GURLIANOLLP ‘355. 42" racer AKA ‘810.287 3600 23. Attached hereto as Exhibit T is a true and correct copy of excerpts from The Asbestos Worker from October 1957. 24, — Attached hereto as Exhibit U is a true and correct copy of excerpts from The Asbestos Worker from April 1958. 25. Attached hereto as Exhibit V is a true and correct copy of excerpts from The Asbestos Worker from May 1959. 26. — Attached hereto as Exhibit W is a true and correct copy of excerpts from The Asbestos Worker from February 1963. I declare under the penalty of perjury under the laws for the State of California that foregoing is true and correct. Executed on this 20% day of February 2013, at Oakland, California. - > > George S. Sullivan 4 DECLARATION OF GEORGE S. SULLIVAN IN SUPPORT OF DEFENDANT HAROLD BEASLEY PLUMBING & HEATING, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION