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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
  • 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

                                ome I DH BF WD

A BOR = S

PO BOX 6169
(415) 898.1555

NOVATO, CALIFORNIA 94948-6169

ATTORNEYS AT LAW
222 RUSH LANDING ROAD

BRAYTON@PURCELL LLP
Ne oN YN YN N NY NY SF SF Se
Co YD A BF BN KF DOD wa AN

ALAN R. BRAYTON, ESQ., S.B. #73685
DAVID R. DONADIO, ESQ., S.B. #154436
JAMES P. NEVIN, ESQ., S.B. #220816

BRAYTON¢PURCELL LLP ELECTRONICALLY
Attorneys at Law FILED
222 Rush Landing Road Superior Court of California,
PO. Box 61 © ia 94948-6169 County of San Francisco
vato, Ca. ma ~
oe cate MAR 13 2012

(415) 898-1555

Tentative Ruling Contest Email: contestasbestosTR@braytonlaw.com _Clerk of the Court
BY: WILLIAM TRUPEK

Attorneys for Plaintiffs Deputy Clerk

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS,
Plaintiffs,

) ASBESTOS
! No. CGC-10-275731
)

DECLARATION OF JAMES P. NEVIN IN
SUPPORT OF PLAINTIFFS’ OBJECTION
TO DEFENDANT COSCO FIRE
PROTECTION, INC.’S UNTIMELY
MOTION FOR SUMMARY
JUDGMENT/AND OR SUMMARY
ADJUDICATION

vs.

C.C. MOORE & CO. ENGINEERS;
Defendants as Reflected on Exhibit 1
attached to the Summary Complaint

herein; and DOES 1-8500.

Date: March 20, 2012

Time: 9:30 a.m

Dept: 503, Hon. Teri L. Jackson
Trial Date: n/a

Action Filed: December 17, 2010

I, James P. Nevin declare as follows:

1. Lam an attorney at law duly licensed to practice before all courts in the State of
California and am an associate with the law firm of Brayton%Purcell LLP, attorneys of record fo:
plaintiffs herein and as such am fully familiar with the facts of this case and if called as a witness
regarding the matters set forth below, 1 would so testify.

MW
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KAUnjpred 993494ghS doc jpn-COSFR untimely. wp 1 KCG
DECLARATION OF JAMES P. NEVIN IN SUPPORT OF PLAINTIFFS’ OBJECTION TO DEFENDANT COSCO FIRE PROTECTION,
INC.’S UNTIMELY MOTION FOR SUMMARY JUDGMENT/AND OR SUMMARY ADJUDICATIONCo em SN KR th PB OB ON

10

2. A true and correct copy of Defendant’s Notice of Motion and Proof of Service,
Attached as Exhibit A.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed on March 13, 2012 at Novato, California.

. Nevin

‘carole jp: COSFIR vninehy-wpd 2.
DECLARATION OF JAMES P, NEVIN IN SUPPORT OF PLAINTIFFS’ OBJECTION TO DEFENDANT COSCO FIRE PROTECTION,
INC."S UNTIMELY MOTION FOR SUMMARY JUDGMENT/AND OR SUMMARY ADJUDICATION

KegEXHIBIT ADae Om tN me

Reet
Beseeawtwanwsaaones

BRR EL.

GABRIEL A, JAGKSON, State Bar No. 98119
TODD M. THACKER, State Bar No. 199506
JACKSON JENKINS RENSTROM Lp

55 Francisco Street, 6th Floor

$an Franelsca, CA 94183

Te 438,982,3660

Fax: 415.982.3700

Aitornoys far Befendant
€GSEO FIBE PROTEEHION, INE,

IN THE SUPERIOR COURT GF THE STATE QF CALIFORNIA
IN AND FOR THE CQUNTY OF SAN FRANCISCO

ROBERT ROSS AND JEAN ROSS, Case No CGE€-10-2757381 ’
Plaintiffs, DEFENDANT COSCO FIRE PROTECTION, INC. 'S
NOTICE OF MOTION AND MOTION FOR
v. SUMMARY JUDGMENT AND/OR SUMMARY
ADJUDICATION
C.C. MOORE & CO, ENGINEERS;
Defendants as Reflected on Exhibit 1 DATE: March 20, 2012
attached to the Summary Complaint TIME: 99:30 a.m.
herein; and DOES 1-8500., et al. DEPT; 503
TRIAL: ~May 21, 2012
Defendants.

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

Please take notice that on March 20, 2012, at 9:30 a.m. in the above referenced court,
defendant Cosco Fire Protection, Inc. (“Cosco”) will move this Court for summary Judgment In
this matter. Cosco’s motion will be based on Code of Civil Procedure § 437c, and on the basis
that Plaintiffs will be unable to provide evidence as to a necessary element of each cause of
action alleged In their complaint against Cosco. Such motion will be based on the this mation,
the undisputed material facts submitted, the Declaration of Anthony C. Chiesso, points and
authorities submitted herewlth, this Court's pleadings and file, and any oral argument
presented.

In the alternative, should summary Judgment not be granted, Cosco requests summary

1
COSCO FIRE PROTECTION’S NOTICE OF MOTION FOR SUMMARY JUDGMENTadjudication of each and every eause of action pursuant to Code of Civil Procedure § 437c,
subdivision (f) as Plaintiffs fall to have evidence to establish each and every necessary element
of each cause of action alleged. Pursuant to California Rules of Court, Rule 3.1350, Cosco hereby
requests summary adjudication of the following causes of action:

1 Issues One and Two: Summary Adjudication of Plaintiffs’ Causes of Action for
Contractor Liability and Loss of Consortium Are Preper, As They Cannot Establish
the Requisite Elements.

2. Isgue Three: Summary Adjudication of Plaintiffs’ Claim for Punitive Damages Is

Proper, As They Cannot Establish That Cosco Acted with the Malice, Fraud, or
Oppression Necessary to Justify Invocation of Such Damages.

Such motion will be based on the this motion, the undisputed material facts submitted,
the Declaration of Anthony C. Chiosso, points and authorities submitted herewith, this Court's

pleadings and file, and any oral argument presented.

Bated: February 6, 2612 JACKSON JENKINS RENSTROM LLP

By: /s/ ANTHONY ¢. eresse
ANTHONY C, CHIOSSO

Attorneys for Defendant
COSCO FIRE PROTECTION, INC.

RSUMMARY JUDGMENTCo Be HE HH FB YB Hm

em
et A Hw & YH HB K—

19

2
28

PROOF OF SERVICE BY ELECTRONIC TRANSMISSION

1, the undersigned, declare that am a citizen of the United States and employed in San
Francisco County, California, | am over the age of elghteen years and not a party to the within-
entitied action, My business address is 55 Francisco Street, 6th Floor, San Francisco, California
94133. On February 6, 2012, | electronically served pursuant to General Order No. 158, the
following decuments: Defendant Cosco Fire Protection, Inc.'s Notice of Metion and Motion for
Summary Judgment and/or Summary Adjudication; Separate Statement; Memorandum of
Points and Authorities; Declaration of Anthony C. Chiosso on Interested parties In this actlon by
causing Lexis Nexls E-Service program pursuant to General Order No. 158, to transmit a true

copy thereof to the email address(es) of the following parties:

BRAYTON PURCELL LLP and

222 Rush Landing Road one . one
Novato CA 94948 Please See Lexis Nexis Service List’

the above document(s} were transmitted by Lexis Nexis E-Service and the transmission
was reported as complete without error.
| declare under penalty of perjury pursuant to the laws of the State of California that the

foregoing is true and correct and was executed on February 6, 2012, at San Francisco, Callfornia.Page 1 of 1

>

Jennifer Harwood - Fwd: Case: 275731; Transaction: 42329017 -
Notification of Service

From: Reception Area

To: Jennifer Harwood; e_pld_peds@pacificedac.com

Date: 2/6/2012 2:14 PM

Subject: Fwd: Case: 275731; Transaction: 42329017 ~ Notification of Service

Attachments: msj1f.pdf; msjla.pdf; msjlb.pdf; msjlc.pdf; msjle.pdf; msjid.pdf

>>> "LexisNexis File & Serve"  2/6/2012 1:59 PM >>>
To:Asbestes Bp Counsel

From:LexisNexis File & Serve

Subject:Service of Documents in Ross vs Asbestos Defendants (Brayton)

You are being served documents that have been electronically submitted in Ross vs Asbestos Defendants (Brayton)
through LexisNexis File & Serve. The details for this transaction are listed below.

Court:CA Superior Court County of San Francisco

Case Name:Ross vs Asbestos Defendants (Brayton)

Case Number:275731

Transaction 1D:42329017

Document Title(s):

DEFENDANT COSCO FIRE PROTECTION, INC.’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AND
OR SUMMARY ADJUDICATION (3 pages)

SEPARATE STATEMENT IN SUPPORT OF DEFENDANT COSCO FIRE PROTECTION, INC.'S MOTION FOR SUMMARY
JUDGMENT AND OR SUMMARY ADJUDICATION (12 pages)

EXHIBITS D THROUGH E TO DECLARATION OF ANTHONY C. CHIOSSO IN SUPPORT OF DEFENDANT COSCO FIRE
PROTECTION, INC.'S MOTION FOR SUMMARY JUDGMENT AND OR SUMMARY ADJUDICATION (140 pages)
EXHIBITS F THROUGH H TO DECLARATION OF ANTHONY C. CHIOSSO IN SUPPORT OF DEFENDANT COSCO FIRE
PROTECTION, INC.'S MOTION FOR SUMMARY JUDGMENT AND OR SUMMARY ADJUDICATION (72 pages)
DECLARATION OF ANTHONY C. CHIOSSO IN SUPPORT OF DEFENDANT COSCO FIRE PROTECTION, INC.'S MOTION
FOR SUMMARY JUDGMENT AND OR SUMMARY ADJUDICATION (213 pages)

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT COSCO FIRE PROTECTION, INC.'S
MOTION FOR SUMMARY JUDGMENT AND OR SUMMARY ADJUDICATION (19 pages)

Authorized Date/Time:Feb 6 2012 1:59PM PST

Authorizer:Todd M Thacker

Authorizer's Organization:Jackson Jenkins Renstrom LLP

Sending Parties:

Cosco Fire Protection Inc

Served Parties:

Ross, Robert B

You may view the Gocuments in the following ways:
- Online at https://file SAX?
- Call Jackson Jenkins Renstram TLP to request a COPY 1 of the documents.

{subscriber login required),

Thank you for using LexisNexis File & Serve.

Questions? For prompt, courteous assistance please contact LexisNexis Customer Service by phone at 1-888-529-7587
QAl7).

file://C:\Documents and Settings JENNIFER\Local Settings\Temp\XPgrpwis... 2/6/2012