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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GABRIEL A. JACKSON, State Bar No. 98119 ANTHONY C. CHIOSSO, State Bar No, 209014 achiosso@jjr-law.com ELECTRONICALLY TODD M. THACKER, State Bar No. 199506 tthacker@jjr-law.com F ILE D | JACKSON JENKINS RENSTROM LLP Seperer Court of California, 55 Francisco Street, 6th Floor San Francisco, CA 94133 APR 19 2012 Tel: 415.982.3600 Clerk of the Court Fax: 415.982.3700 BY: VANESSA WU Deputy Clerk Attorneys for Defendant COSCO FIRE PROTECTION, INC. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO ROBERT ROSS AND JEAN ROSS, Case No CGC-10-275731 Plaintiffs, DEFENDANT COSCO FIRE PROTECTION, INC. 'S NOTICE OF MOTION AND MOTION FOR Vv. SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION C.C. MOORE & CO. ENGINEERS; Defendants as Reflected on Exhibit 1 DATE: July 10, 2012 attached to the Summary Complaint TIME: 9:30 a.m. herein; and DOES 1-8500,, et al. DEPT: 503 TRIAL: None Defendants. COMPLAINT FILED: 12/17/10 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Please take notice that on July 10, 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 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. 1 COSCO FIRE PROTECTION’S NOTICE OF MOTION FOR SUMMARY JUDGMENTIn the alternative, should summary judgment not be granted, Cosco requests summary adjudication of each and every cause of action pursuant to Code of Civil Procedure § 437c, subdivision (f) as Plaintiffs fail 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 Proper, As They Cannot Establish the Requisite Elements. 2. Issue 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. Dated: April 19, 2012 JACKSON JENKINS RENSTROM LLP By: /s/ ANTHONY C, CHIOSSO ANTHONY C. CHiOSSO Attorneys for Defendant COSCO FIRE PROTECTION, INC. 2 COSCO FIRE PROTECTION’S NOTICE OF MOTION FOR SUMMARY JUDGMENTPROOF OF SERVICE BY ELECTRONIC TRANSMISSION |, the undersigned, declare that am a citizen of the United States and employed in San Francisco County, California. | am over the age of eighteen years and not a party to the within- entitled action. My business address is 55 Francisco Street, 6th Floor, San Francisco, California 94133. On April 19, 2012, | electronically served pursuant to General Order No. 158, the following documents: Defendant Cosco Fire Protection, Inc.'s Notice of Motion and Motion for Summary Judgment and/or Summary Adjudication; Separate Statement; Memorandum of Points and Authorities; Declaration of Anthony C. Chiosso with supporting exhibits, on interested parties in this action by causing Lexis Nexis 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 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 April 19, 2012, at San Francisco, California. /sf Jill Horver, Jill Harvey a 1976854