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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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 swe Lt ED Telephone (415) 981-6630 Cooney of gon Franeken Facsimile (415) 399-1506 DEC 15 2011 Attorneys for Defendant Clerk of the Court GIAMPOLINI & COMPANY BY: WILLIAM TRUPEK Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, Case No. CGC-10-275731 Plaintiffs, GIAMPOLINI & COMPANY’S NOTICE OF MOTION TO DISMISS PLAINTIFFS' CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-RELATED PLEURAL DISEASE, AND OTHER LUNG INJURIES Vv. C.C. MOORE & CO. ENGINEERS; Defendants as Reflected on Exhibit I attached to the Summary Complaint herein; and DOES 1-8500, Defendants. Date: January 18, 2012 Time: 9:30 a.m. Dept.: 503 Judge: Hon. Teri L. Jackson ee me eee 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 GLAMPOLINI & COMPANY (“Giampolini”) 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 Giampolini 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 Points -1- GIAMPOLINI & COMPANY’S NOTICE OF MOTION TO DISMISS \$Server7\GEN-INS\2040\SF1.006\Ple\Motion to Dismiss\Notice of Motion.docand 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 9 , 2011 LOW, BALL & LYNCH ay: (ef pO SONJA E. BLOMQUIST PAMELA Y. LOUIE Attorneys for Defendant GIAMPOLINI & COMPANY -2- GIAMPOLINI & COMPANY’S NOTICE OF MOTION TO DISMISS \Server7\GEN-INS\2040'SF 1006\PId\Motion to Dismiss\Notice of Motion.docBw oN Ross v. C.C. Moore & Co. Engineers, et al. San Francisco Case No. CGC-10-275731 PROOF OF SERVICE Tam over the age of eighteen (18) years and not a party to the within action. Iam employed at Low, Ball & Lynch, 505 Montgomery Street, 7th Floor, San Francisco, California 94111. On the date indicated below, I served the following document GIAMPOLINI & COMPANY’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 regularly maintained by the overnight courier or driver authorized by the overnight courier to receive documents. Xx] (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. I 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. -3- GIAMPOLINI & COMPANY’S NOTICE OF MOTION TO DISMISS \\Server7\GEN-INS\2040\SF1006\PId\Motion to Dismiss\Notice of Motion.doc