On December 17, 2010 a Motion-Secondary 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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, LLP SUETE 1300 loo BUSH STREET KEENEY & CORDERY, SAN FRANCISCO, CA 94104 LAW OFFICES IMAI, TADLOCK, (415) 675-7000 wu Cc Oo ND 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Theodore T. Cordery, Esq. (Bar No. 114730) Michael J. Boland, Esq. (Bar No. 98343) Stephen E. Carison, Esq. (Bar No. 104279) ELECTRONICALLY Cristina M. Cinco, Esq. (Bar No. 197224) FILED IMAI, TADLOCK, KEENEY & CORDERY, LLP Superior Court of California, 100 BUSH STREET, SUITE 1300 County of San Francisco SAN FRANCISCO, CA 94104 OCT 31 2011 Telephone: (415) 675-7000 Clerk of the Court Facsimile: (415) 675-7008 BY: WILLIAM TRUPEK Deputy Clerk Attorneys for Defendant HENRY C. BECK COMPANY IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION ROBERT ROSS and JEAN ROSS, CASE NO.: CGC-10-275731 (ASBESTOS) Plaintiff, DECLARATION OF MICHAEL J. v. BOLAND IN SUPPORT OF DEFENDANT HENRY C. BECK COMPANY’S OPPOSITION TO PLAINTIFFS’ MOTION C.C. MOORE & CO. ENGINEERS, TO CONSOLIDATE Defendants as Reflected on Exhibit 1 attached to the Summary Complaint herein; and DOES Complaint Filed: December 17, 2010 1-8500., Trial Date: May 21, 2012 Date: November 10, 2011 Defendant. Time: 9:30 am. Dept: 503 Judge: Hon. Teri L. Jackson I, Michael J. Boland, declare: L Jam an attorney at law duly licensed to practice law before all the courts of the State of California and am of counsel with Imai, Tadlock, Keeney & Cordery, LLP, attorneys of record for defendant Henry C. Beck Company in the above-entitled matter. 2. Attached hereto as Exhibit A is a true and correct copy of the relevant portions of . Robert Ross’ Complaint captioned Robert Ross v. Asbestos Defendants (BP), San Francisco Superior Court Case No. CGC-07-274099. -l- DECLARATION OF CRISTINA M. CINCO IN SUPPORT OF HENRY C. BECK COMPANY’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATELAW OFFICES SUITE 1308 1g BUSH STREET KEENEY & CORDERY, LLP SAN FRANC IMAI, TADLOCK, oC me ND 675-7000 zz 3. Attached hereto as Exhibit B is a true and correct copy of the relevant portions of Plaintiffs Robert and Jean Ross’ Complaint captioned Robert Ross and Jean Ross v. C.C. Moore & Co. Engineers, et al., San Francisco Superior Court Case No. CGC-10-275731. 4. Defendant Henry C. Beck Company anticipates filing its Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease, and Other Lung Injuries (“Motion to Dismiss”) in the instant action on Monday, October 31, 2011. 5. Defendant Henry C. Beck’s Motion to Dismiss will be based on the grounds that Plaintiffs failed to assert their claims for asbestosis, asbestos-related pleural disease, and other lung injuries against Henry C. Beck within the time mandated by statute, namely California Code of Civil Procedure §§ 583.210 and 383.250. 6. Attached hereto as Exhibit C is a true and correct copy of Defendant A. Teichert & Son Inc.’s Joinder in Defendant Domco Products Texas Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 7. Attached hereto as Exhibit D is a true and correct copy of Defendant ACCO Engineered Systems, Inc.’s Joinder in Defendant Domco Products Texas Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 8. Attached hereto as Exhibit E is a true and correct copy of Defendant Bell Products, Inc.’s Joinder in Defendant Pribuss Engineering, Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 9. Attached hereto as Exhibit F is a true and correct copy of Defendant Bragg Investment Company Inc.’s Joinder in Defendant Domco Products Texas Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 2- DECLARATION OF CRISTINA M. CINCO IN SUPPORT OF HENRY C. BECK COMPANY’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATELAW OFFICES KEENEY & CORDERY, LLP IMAI, TADLOCK, CA 94104 5-7000 an Ww 10. Attached hereto as Exhibit G is a true and correct copy of Defendant California Drywall Inc.’s Joinder in Defendant Domco Products Texas Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 11. Attached hereto as Exhibit H is a true and correct copy of Defendants Critchfield Mechanical, Inc. and Harold Beasley Plumbing & Heating, Inc.’s Joinder in Defendant Pribuss Engineering Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 12. Attached hereto as Exhibit Tis a true and correct copy of Defendant Domco Products Texas Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Tnjuries in the instant action. 13. Attached hereto as Exhibit J is a true and correct copy of the filed/endorsed Request for Dismissal of Defendant Domco Products Texas Inc. As to Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 14. Attached hereto as Exhibit K is a true and correct copy of Defendant D.W. Nicholson Corporation’s Joinder in Defendant Domco Products Texas Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 15, Attached hereto as Exhibit L is a true and correct copy of Defendant Foley Electric, Inc.’s Joinder in Defendant Temporary Plant Cleaners, Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 16. Attached hereto as Exhibit M is a true and correct copy of Defendant General Mills, Inc.’s Joinder in Defendant Domco Products Texas Inc.’s Notice of Motion and Motion to 3. DECLARATION OF CRISTINA M. CINCO IN SUPPORT OF HENRY C. BECK COMPANY’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATELAW OFFICES SUITE 1360 100 BUSH STREET SAN FRANCISCO, CA 94104 KEENEY & CORDERY, LLP IMAI, TADLOCK, (415) 675-7000 on a eo bw Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 17. Attached hereto as Exhibit N is a true and correct copy of Defendant Joseph Bruno Sheet Metal Co., Inc.’s Joinder in Defendant Domco Products Texas Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 18. Attached hereto as Exhibit O is a true and correct copy of Defendant Kentile Floors, Inc.’s Joinder in Defendant Domco Products Texas Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 19. Attached hereto as Exhibit P is a true and correct copy of Defendant Marshco Auto Parts, Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 20. Attached hereto as Exhibit Q is a true and correct copy of Defendant Pribuss Engineering, Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 21. Attached hereto as Exhibit R is a true and correct copy of the filed/endorsed Request for Dismissal of Defendant Pribuss Engineering, Inc. As to Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 22, Attached hereto as Exhibit $ is a true and correct copy of Defendant Swinerton Builders’ Joinder in Defendant Domco Products Texas Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 23. Attached hereto as Exhibit T is a true and correct copy of Defendant Van-Mulder Sheet Metal, Inc.’s Joinder in Defendant Domco Products Texas Inc.’s Notice of Motion and 4. DECLARATION OF CRISTINA M. CINCO IN SUPPORT OF HENRY C. BECK COMPANY’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATELAW OFFICES ‘SUITE 1300 KEENEY & CORDERY, LLP IMAI, TADLOCK, 0, CA 94104 Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 24. Attached hereto as Exhibit U is a true and correct copy of Defendant Rountree Plumbing & Heating Inc.’s Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action. 25. Attached hereto collectively as Exhibit V are true and correct copies of the filed/endorsed Requests for Dismissal of the following defendants As to Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries in the instant action: 1) Rountree Plumbing & Heating Inc.; 2) Harold Beasley Plumbing & Heating, Inc.; 3) Bragg Investments; 4) Red Top Electric, Co.; 5) J.W. McLenahan Co.; and 6) Critchfield Mechanical, Inc. I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California on October 28, 2011. 5- DECLARATION OF CRISTINA M. CINCO IN SUPPORT OF HENRY C. BECK COMPANY'S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE$0 (415) 675-7000 LAW OFWICES IMAI, TADLOCK, KEENEY & CORDERY, LLP PROOF OF SERVICE I, the undersigned, hereby certify that I am a citizen of the United States, over the age of 18 years, and am not a party to the within action. | am employed in the City and County of San Francisco, California, and my business address is 100 Bush Street, Suite 1300, San Francisco, California 94104. I am readily familiar with my employer’s business practice for collection and processing of correspondence for mailing with the United States Postal Service. On the date last written below, following ordinary business practices, I served the following document(s): DECLARATION OF MICHAEL J. BOLAND IN SUPPORT OF HENRY C. BECK COMPANY ’S ADDITIONAL DISCOVERY TO ROBERT ROSS and JEAN ROSS, on the parties in this action, through their attorneys of record, by placing true and correct copies thereof in sealed envelope(s) addressed as shown on the attached Service List for service as designated below: O ByFirst CLass MAIL. I placed, on the date shown below, at my place of business, a true copy thereof, enclosed in a sealed envelope for collection and mailing with the United States Postal Service that same day in the ordinary course of business, addressed to those listed on the attached Service List. > BYLEexIisNexis. On the date below, I served the document(s) listed above via LexisNexis File & Serve on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve Web site. I declare under penalty of perjury that the foregoing is true and correct, and that this Proof of Service was executed on October 28, 2011, at San Francisco, California. /S/ Heather Cherry Heather Cherry Ross, Robert and Jean v. CC. Moore & Co. Engineers, (HCB). SAN FRANCISCO SUPERIOR COURT NO. CGC-10-275731 6- DECLARATION OF CRISTINA M. CINCO IN SUPPORT OF HENRY C. BECK COMPANY'S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE