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.
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Preview
Eugene C. Blackard Jr. (Bar No. 142090) Jocelyn M. Soriano (Bar No. 201169) ARCHER NORRIS ELECTRONICALLY A Professional Law Corporation FILED 2033 North Main Street, Suite 800 Superior Court of California, Walnut Creek, California 94596-3759 County of San Francisco Telephone: 925.930.6600 NOV 08 2011 Facsimile: 925.930.6620 Clerk of the Court BY: WILLIAM TRUPEK Attorneys for Defendant Deputy Clerk CAHILL CONSTRUCTION SERVICES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, Case No. CGC-10-275731 Plaintiff, DEFENDANT CAHILL CONSTRUCTION . SERVICES, INC.’S JOINDER TO v. DEFENDANT MARSHCO AUTO PARTS, INC.’S AND ANY OTHER DEFENDANTS’ C.C. MOORE & CO. ENGINEERS, et al., MOTION TO DISMISS PLAINTIFFS’ ‘ CLAIMS ARISING FROM THE ALLEGED Defendants. ASBESTOSIS, ASBESTOS-RELATED PLEURAL DISEASE, AND OTHER LUNG INJURIES Date: November 17, 2011 Time: 9:30 a.m. Dept: 503 Judge: Hon. Teri L. Jackson Action Filed: December 17, 2010 Defendant CAHILL CONSTRUCTION SERVICES, INC.("Cahill") hereby joins in and adopts defendant Marshco Auto Parts, Inc.'s ("Marshco") and any other defendant's Motion to Dismiss Plaintiffs' Claims Arising From the Alleged Asbestosis, Asbestos-Related Pleural Disease, and Other Lung Injuries ("Motion") on the grounds that plaintiffs Robert Ross and Jean Ross ("Plaintiffs"), by filing serial lawsuits arising from the same set of alleged occupational exposures to asbestos but against different defendants, are attempting to circumvent the three year statute of limitations period in which to serve defendants under Code of Civil Procedure sections deobn 383,210 and 583.250, California law precludes "splitting" a cause of action, i.c., filing of DEFENDANT CAHILL CONSTRUCTION SERVICES, INC.’S JOPNDER TO DEFENDANT MARSHCO AUTO PARTS, INC.’S AND ANY OTHER DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS- RELATED PLEURAL DISEASE, AND OTHER LUNG INJURIESmultiple law suits to recover for the same injury. Accordingly, the Court should dismiss Plaintiffs’ claims for and relating to asbestosis, asbestos-related pleural disease, and breathing difficulties and other lung damage. In joining the Motion, Cahill adopts and incorporates by reference as though fully set forth herein, the contents of the Motion, the legal arguments and authorities cited in support thereof, the accompanying declarations and exhibits, as well as the request for relief made by Marshco. Cahill is similarly situated to Marshco and the other defendants in this case with respect to the issues raised in the Motion. Therefore, the arguments, legal authorities, relief sought, and evidence submitted by defendant Marshco and any other joining defendant apply to Cahill with equal force and effect. Further, Cahill reserves the right to present additional briefing, evidence and oral argument at the hearing on this motion. Dated: November 2011 ARCHER NORRIS AEI416/1243231-1 . 2 DEFENDANT CAHILL CONSTRUCTION SERVICES, INC.’S JOINDER TO DEFENDANT MARSHCO AUTO PARTS, INC."S AND ANY OTHER DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS- RELATED PLEURAL DISEASE, AND OTHER LUNG INJURIESPROOF OF SERVICE Name of Action: Robert B. Ross v. Asbestos Defendants (BP) Court and Action No: San Francisco Superior Court Action No, CGC-10-275731 I, the undersigned, declare that I am over the age of eighteen years and not a party to this action or proceeding. My busiiess address is 2033 North Main Street, Suite 800, Walnut Creek, California 94596-3759. On this date, I caused the following document(s) to be served: DEFENDANT CAHILL CONSTRUCTION SERVICES, INC.’S JOINDER TO DEFENDANT MARSHCO AUTO PARTS, INC.’S AND ANY OTHER DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-RELATED PLEURAL DISEASE, AND OTHER LUNG INJURIES O by placing a true copy of the document(s) listed above, enclosed in a sealed envelope, addressed as set forth below, for collection and mailing on the date and at the business address shown above following our ordinary business practices. I am readily familiar with this business’ practice for collection and processing of correspondence for mailing with the United’States Postal Service. On the same day that a sealed envelope is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service with postage fully prepaid. oO by having a true copy of the document(s) listed above transmitted by facsimile to the person(s) at the facsimile number(s) set forth below before 5:00 p.m. The transmission ‘was reported as complete without error by a report issued by the transmitting facsimile machine. oO by having personally delivered a true copy of the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set forth below. by having personal delivery by ofa true copy of the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set forth below. oO oO by placing a true copy of the document(s) listed above, in a box or other facility regularly maintained by: an express service carrier, or delivered to a courier or driver authorized by the express service carrier to receive documents; in an envelope designated by the express service carrier, with delivery fees paid or provided for, addressed as set forth below. EK I electronically served the above referenced document(s) through LEXIS NEXIS. E- service in this action was completed on all parties listed on the service list with LEXIS NEXIS, This service complies with the court’s order in this case. I declare under penalty of perjury that the foregoing is true and correct. Executed on November “8 _, 2011, at Walnut Creek, California. Sac Amy Harkness AEI416/1243231-1 . 3 DEFENDANT CAHILL CONSTRUCTION SERVICES, INC.’S JOINDER TO DEFENDANT MARSHCO AUTO PARTS, INC.’S AND ANY OTHER DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS- RELATED PLEURAL DISEASE, AND OTHER LUNG INJURIES