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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 
						
                                
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                                SONJA E. BLOMQUIST, SBN #099341, sblomquist@lowball.com
PAMELA Y. LOUIE, SBN #259391, plouie@lowball.com

LOW, BALL & LYNCH _ ELECTRONICALLY
505 Montgomery Street, 7°' Floor
San Francisco, California 94111-2584 s F I L ED nla
Telephone (415) 981-6630 wpa CofC,
Facsimile (415) 399-1506

sesimile 1S) DEC 15 2011
Attorneys for Defendant Clerk of the Court
PACIFIC MECHANICAL CORPORATION BY: WILLIAM v Neputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

Jadge: Hon. Teri L. Jackson

COUNTY OF SAN FRANCISCO
ROBERT ROSS and JEAN ROSS, ) Case No. CGC-10-275731
_. )
Plaintiffs, ) PACIFIC MECHANICAL
) CORPORATION’S NOTICE OF
v. } MOTION TO DISMISS PLAINTIFFS'
C.C, MOORE & CO. ENGINEERS; ) CLAIMS ARISING FROM THE
Defendants as Reflected on Exhibit } ) ALLEGED ASBESTOSIS, ASBESTOS-
attached to the Summary Complaint herein; ) RELATED PLEURAL DISEASE, AND
and DOES 1-8500, ) OTHER LUNG INJURIES
)
Defendants. ) Date: January 18, 2012
} Time: 9:30 a.m.
J Dept.: 503
J

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on January 18, 2012 at 9:30 a.m. or as soon thereafter
as the matter may be heard, in Department 503 of the San Francisco County Superior Court,
located at 400 McAllister Street in San Francisco, California, Defendant PACIFIC
MECHANICAL CORPORATION ("Pacific Mechanical") will and hereby does move to
dismiss Plaintiffs Robert Ross’ and Jean Ross' claims based upon the alleged injuries/illnesses
of asbestosis, asbestos-related pleural disease, breathing difficulties and other lung damages.

This Motion is made on the grounds that Plaintiffs failed to assert these claims against
Pacific Mechanical within the time mandated by California Code of Civil Procedure sections
335.1, 583.210 and 583.250. This Motion will be based upon this Notice, the Memorandum of

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PACIFIC MECHANICAL CORPORATION’S NOTICE OF MOTION TO DISMISS

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16

Points and Authorities, the Declaration of Pamela Y. Louie and the exhibits attached thereto,
and the pleadings and records on file with the Court, and any such matters that may be
judicially noticed and on such additional evidence or arguments present at the hearing of this

Motion.

Dated: December _{ 2011 LOW, BALL & LYNCH

B hf of ~
y:
SONIA E. BEOMQUIS

PAMELA Y. LOUIE
Attorneys for Defendant
PACIFIC MECHANICAL CORPORATION

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PACIFIC MECHANICAL CORPORATION’S NOTICE OF MOTION TO DISMISS

\\ServerGEN-INS 21 18\S11043\Pld\Motion to Dismiss'Notice of Motion.doeRoss v. C.C, Moore & Co, Engineers, et al.
San Francisco Case No. CGC-10-275731

PROOF OF SERVICE

I am over the age of eighteen (18) years and not a party to the within action. [am
employed at Low, Ball & Lynch, 505 Montgomery Street, 7th Floor, San Francisco, California
94111.

On the date indicated below, I served the following document PACIFIC
MECHANICAL CORPORATION’S NOTICE OF MOTION TO DISMISS PLAINTIFFS'
CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-RELATED
PLEURAL DISEASE, AND OTHER LUNG INJURIES

on the listed addresses:

Brayton Purcell [ ] And All Defense Counsel

222 Rush Landing Road {SEE ATTACHED LIST]

Novato, CA 94948-6169

Telephone: 415 898-1555 [ ] (All counsel in this action (list attached)
415-898-1555 (voice) were faxed a letter advising of the documents
415-898-1247 (fax) provided Plaintiffs and an offer to provide

copies upon request. Letter enclosed.)

{ (BY MAIL) I placed a true copy, enclosed in a sealed, postage paid envelope, and deposited
same for collection and mailing at San Francisco, California, following ordinary business
practices, addressed as set forth below.

[ (BY PERSONAL SERVICE) I caused each such envelope to be delivered by hand to the
addressees noted above or on the attachment herein by Legal Services.

{] (BY FACSIMILE) I caused the said document to be transmitted by Facsimile transmission.
to the number indicated after the addresses noted above or on the attachment herein.

[ {BY OVERNIGHT COURIER) I caused each such envelope addressed to the parties to be
deposited in a box or other facility regulariy maintained by the overnight courier or driver
authorized by the overnight courier to receive documents.

(X] (BY E-MAIL/ELECTRONIC TRANSMISSION) I caused the said document(s) to be sent to
the person(s) at the e-mail address(es) indicated above or on the attachment herein.

Jam readily familiar with this law firm’s practice for the collection and processing of
documents for regular and certified mailing, overnight mail, personal service, electronic
transmission, and facsimile transaction, and said document(s) are deposited with the United States
Postal Service or overnight courier depository on the same day in the ordinary course of business.

T declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct. Executed at San Francisco, California on December _ /4_, 2011.

$arlet Herrera

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PACIFIC MECHANICAL CORPORATION’S NOTICE OF MOTION TO DISMISS

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