On December 17, 2010 a Hearing 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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aw Howard P. Skebe, Esq. (State Bar No. 191407) hskebe@cmjlaw.com Lindsay Weiss, Esq. (State Bar No. 268076) lweiss@cmjlaw.com COOLEY MANION JONES LLP 201 Spear Street, 18th Floor San Francisco, CA 94105 Tel: (415) 512-4381 Fax: (415) 512-6791 Attorneys for Defendant TEMPORARY PLANT CLEANERS, INC. ELECTRONICALLY FILED Superior Court of California, County of San Francisco FEB 21 2013 Clerk of the Court BY: WESLEY G. RAMIREZ Deputy Clerk IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, Plaintiffs, ve C.C. MOORE & CO. ENGINEERS: Defendants as Reflected on Exhibit 1 attached to the Summary Complaint herein; and DOES 1-8500 Defendants. Case No, CGC-10-275731 DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S NOTICE OF MOTION FOR SUMMARY JUDGMENT [Filed Concurrently with Memorandum of Points and Authorities, Separate Statement, Declaration of Lindsay Weiss, Proposed Order] Date: May 9, 2013 Time: 9:30 a.m. Dept.: 503 Judge: Hon. Teri L. Jackson Case Filed: December 17, 2010 Trial Date: June 10, 2013 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 Temporary Plant Cleaners, Inc. (“TPC”) will and does hereby move the court for entry of an order, pursuant to Code of Civil Procedure section 437c, granting summary judgment in favor of TPC and against Plaintiffs Robert Ross and Jean Ross. This Motion is proper on the following grounds: 1. TPC owed no duty to Plaintiff, and as such, Plaintiffs’ claims for negligence and contractor liability must fail. Campbell v. Ford Motor Company (2012) 206 Cal.App.4th 15: 1 DEFENDANT TEMPORARY PLANT CLEANERS, INC.°S NOTICE OF MOTION FOR SUMMARY JUDGMENTLAW OFFICES OF COOLEY MANION JONES LLP aw Rowland v. Christian (1968) 69 Cal.2d 108; Davis v. Foster Wheeler Corp. (2012) 205 Cal.App.4" 731. Plaintiff's alleged injuries were not foreseeable to TPC. Imposing such a duty would violate public policy and create an extensive burden on contractor defendants. Jd. 2. Plaintiffs have failed to establish a triable issue of material fact as to whether a TPC employee ever worked with an asbestos-containing product in the presence of Plaintiff, Accordingly, since causation is an essential element of each of Plaintiffs’ causes of action, summary judgment must be granted against Plaintiffs’ entire case. Code Civ. Proc., § 437¢(c). This Motion will be and is based on this notice, the accompanying memorandum of points and authorities, the declaration of Lindsay Weiss, the separate statement of undisputed material facts, and all filed concurrently herewith. This Motion will be and is also based on the pleadings, papers and records presently on file in this action, on such further pleadings and papers as may hereinafter be presented and on such oral and documentary evidence and objections as may be properly presented at the hearing on this motion. DATED: February 21, 2013 COOLEY MANION JONES LLP . wa ty epee Lindsay Weiss, Esq. Attorneys for Defendant TEMPORARY PLANT CLEANERS, INC. 2 DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S NOTICE OF MOTION FOR SUMMARY JUDGMENTLAW OFFICES OF COOLEY MANION JONES LLP aw PROOF OF SERVICE BY ELECTRONIC TRANSMITTAL Lama citizen of the United States and employed in San Francisco County, California. 1 am over the age of eighteen years and not a party to the within-entitled action. My business address is 201 Spear Street, is Floor, San Francisco, CA 94105. On February 21, 2013, | electronically served via Lexis/Nexis File and Serve the following document on all parties as set forth in the accompanying transaction report: DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S NOTICE OF MOTION FOR SUMMARY JUDGMENT I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on February 21, 2013, at San Francisco, California. Mae Chen MAE CHU 3 DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S NOTICE OF MOTION FOR SUMMARY JUDGMENT