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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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 Case No, CGC-10-275731 DECLARATION OF LINDSAY WEISS IN SUPPORT OF DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S MOTION FOR SUMMARY JUDGMENT [Filed Concurrently with Notice of Motion, Memorandum of Points and Authorities, Separate Statement, Proposed Order] Date: May 9, 2013 Defendants. Time 90am. Dept.: 503 Judge: Hon. Teri L. Jackson Case Filed: December 17, 2010 Trial Date: June 10, 2013 i, Lindsay Weiss, declare as follows: 1. Tam an attorney licensed to practice law in the State of California and an associate of the law firm Cooley Manion Jones LLP, attorneys of record for Defendant Temporary Plant Cleaners, Inc. (“TPC”). I have personal knowledge of each fact stated in this declaration and, if called upon to testify, could and would competently testify thereto. 2. Plaintiffs Robert Ross and Jean Ross filed their initial Complaint on December 17, 2010, naming TPC as a defendant. A true and correct copy of Plaintiffs’ Complaint for 1 DECLARATION OF LINDSAY WEISS IN SUPPORT OF DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S MOTION FOR SUMMARY JUDGMENTLAW OFFICES OF COOLEY MANION JONES LLP aw Personal Injury and Loss of Consortium - Asbestos filed with the San Francisco Superior Court are collectively attached hereto as Exhibit A. 3. A true and correct copy of the dismissal of claims arising from the May 2009 diagnosis of asbestosis and asbestos-related pleural disease against TPC dated November 1, 2011, is attached hereto as Exhibit B. 4. A true and correct copy of the dismissal of strict liability and punitive damages against TPC dated November 28, 2011, is attached hereto as Exhibit C. 5. A true and correct copy of TPC’s specially prepared interrogatories, set one and Plaintiffs’ verified responses thereto are collectively attached hereto as Exhibit D. 6. A true and correct copy of TPC’s request for production of documents, set one and Plaintiffs’ verified responses thereto are collectively attached hereto as Exhibit E. 7. A true and correct copy of TPC’s requests for admission, set one and Plaintiffs’ verified responses thereto are collectively attached hereto as Exhibit F. 8 A true and correct copy of TPC’s specially prepared interrogatories, set two and Plaintiffs’ verified responses thereto are collectively attached hereto as Exhibit G. 9. A true and correct copy of TPC’s request for production of documents, set two and Plaintiffs’ verified responses thereto are collectively attached hereto as Exhibit H. 10. A true and correct copy of excerpts from Plaintiff Robert Ross’ deposition testimony given in his prior asbestos action, San Francisco Superior Court, Case. No. CGC-08- 274099, taken February 21, 2008 at pp. 417:25-418:22 and 425:19-426:15, and his deposition testimony taken January 23, 2009 at pp. 3172:16-3173:16 and 3256:23-3257:20 are attached hereto as Exhibit I. T declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 21st day of February, 2013 at Los Angeles, Saree Lindsay Weiss, Esq. 2 California. DECLARATION OF LINDSAY WEISS IN SUPPORT OF DEFENDANT TEMPORARY PLANT CLEANERS, INC."S MOTION FOR SUMMARY JUDGMENTLAW OFFICES OF COOLEY MANION JONES LLP aw PROOF OF SERVICE BY ELECTRONIC TRANSMITTAL lam a 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, 1s 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: DECLARATION OF LINDSAY WEISS IN SUPPORT OF DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S 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. Matt or. MAE CHU 3 DECLARATION OF LINDSAY WEISS IN SUPPORT OF DEFENDANT TEMPORARY PLANT CLEANERS, INC."S MOTION FOR SUMMARY JUDGMENT