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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 
						
                                
Preview

                                Bb

Edward R. Hugo [Bar No. 124839]
P.M. Bessette [Bar No. 127588]

2 | Josette D. Johnson [Bar No. 195977]
BRYDON HUGO & PARKER ELECTRONICALLY
3 1135 Main Street, 20th Floor FILED
San Francisco, CA 94105 Superior Court of California,
4 |\Telephone: (415) 808-0300 County of San Francisco
Facsimile: (415) 808-0333 FEB 20 2013
5 ||Email: service@bhplaw.com Clerk of the Court
6 ||Attorneys for Defendant BY: ALISON ae puty Clerk
RO REE PLUMBING & HEATING, INC.
7
8
SUPERIOR COURT - STATE OF CALIFORNIA
9
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION
0
1
ROBERT ROSS and JEAN ROSS, (ASBESTOS)
2 Case No. CGC-10-275731
Plaintiffs,
3 vs. ROUNTREE PLUMBING & HEATING,
INC. NOTICE OF MOTION AND MOTION
4 1/C.C. MOORE & CO. ENGINEERS, et al, | FOR SUMMARY JUDGMENT, OR IN THE
ALTERNATIVE, SUMMARY
5 Defendants. ADJUDICATION
6 [Filed Concurrently With Memorandum of
Points and Authorities; Separate Statement;
7 Request for Judicial Notice and Declaration
of Josette D. Johnson]
8
Date: May 9, 2013
9 Time: 9:30 a.m.
Dept: 503
20 Judge: Hon. Teri L. Jackson
21 Complaint Filed: | December 17, 2010
Trial Date: June 10, 2013
22
23
24 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
25 Defendant ROUNTREE PLUMBING & HEATING, INC., on May 9, 2013, at 9:30 a.m.

26 |/in Department 503 of the above-entitled court located at 400 McAllister Street, San
27 || Francisco, California, will and hereby does move this Court for an order granting summary
28 | judgment pursuant to Code of Civil Procedure §437c, or in the alternative summary

BryDON 1

Hiuco & Parke” |" ROUNTREE PLUMBING AND HEATING, INC'S NOTICE OF MOTION AND MOTION FOR SUMMARY

eertiao JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION

San Francisco, CA 94105co CU GF SD TR DW Re

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21

BRyYDON
Huco & PARKER
135 MAIN SpREDT
20" FLO
Sart Francisco, CA 94108

adjudication, in its favor and against Plaintiffs:

This Motion for Summary Judgment is made ground that Rountree did not owe a
duty to plaintiff Robert Ross based. upon the sophisticated user defense, pursuant to
Johnson v. American Standard, Inc. (2008) 43 Cal 4th 56.

If for any reason this Court is unable to grant summary judgment, Rountree moves,
in the alternative, for summary adjudication pursuant to Code of Civil Procedure § 437c(f).
In that instance, Rountree respectfully requests this Court to issue an order adjudicating
that the following issues and facts are established against Plaintiffs:

Adjudication Issue No. 1 ~ Plaintiffs’ Second. cause of action for products liability has
no merit because there is no evidence that Plaintiff was exposed to asbestos from a product
sold by, or put into the stream of commerce by Rountree.

This motion is based upon this Notice of Motion, the attached Memorandum of
Points and Authorities, the Request For Judicial Notice and supporting Declaration of
Josette D. Johnson with exhibits filed concurrently herewith, and the pleadings and other

records on file in this action and upon such other documentary and oral evidence or

Dated: February 20, 2013 BRYDON HUGO & PARKER

By: _/s/ Josette D. Johnson
Josette D. Johnson
Attorneys for Defendant
ROUNTREE PLUMBING & HEATING,

|
argument as may be presented at or before the hearing of this matter.
INC.

2

ROUNTREE PLUMBING AND HEATING, INC’S NOTICE OF MOTION AND MOTION FOR SUMMARY
JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION