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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LAW OFRICES , LLP KEENEY & CORDERY, IMAI, TADLOCK, SAN FRANCISCO, CA 94104 (415) 675-7000 oC WN A oO 10 ul 12 B 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 Theodore T. Cordery, Esq. (Bar No. 114730) Michael J. Boland, Esq. (Bar No. 98343) Cristina M. Cinco, Esq. (Bar No. 197224) IMAL, TADLOCK, KEENEY & CORDERY, LLP ELECTRONICALLY 100 BUSH STREET, SUITE 1300 FILED SAN FRANCISCO, CA 94104 Superior Court of California, Telephone: (415) 675-7000 County of San Francisco Facsimile: (415) 675-7008 OCT 31 2011 Clerk of the Court Attorneys for Defendant BY: WILLIAM TRUPEK WEBCOR BUILDERS, INC. Deputy Clerk 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. vy. BOLAND IN SUPPORT OF DEFENDANT WEBCOR BUILDERS, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION C.C. MOORE & CO. ENGINEEERS, et al., TO CONSOLIDATE Complaint Filed: December 17, 2010 Defendant. Trial Date: May 21, 2012 Date: November 10, 2011 Time: 9:30 a.m. Dept: 503 Judge: Hon. Teri L. Jackson L, Michael J. Boland, declare: 1. Iam 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 Webcor Builders, Inc. 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, -1- DECLARATION OF MICHAEL J. BOLAND IN SUPPORT OF DEFENDANT WEBCOR BUILDERS, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATELAW OFFICES IMAI, TADLOCK, KEE! a 3 > me 2 ° o % 5 a Sur 100 BUS SAN FRANCISCO, CA 94104 (415) 675-7000 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 Webcor Builders, Inc. 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 Webcor’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 Webcor within the time mandated by statute, namely California Code of Civil Procedure §§ 583.210 and 583.250. 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 MICHAEL J. BOLAND IN SUPPORT OF DEFENDANT WEBCOR BUILDERS, INC’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE,» LLP SUITE 1300 KEENEY & CORDERY, LAW OFFICES IMAI, TADLOCK, SAN FRANCISCO, CA 94104 (415) 675-7000 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 [ is 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 Injuries 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 MICHAEL J. BOLAND IN SUPPORT OF DEFENDANT WEBCOR, BUILDERS, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATEAe 3 a 5 Q x 9 ° & LAW ONFICES. IMAI, TADLOCK, KEE, (415) 675-7000 n vw sb 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 MICHAEL J. BOLAND IN SUPPORT OF DEFENDANT WEBCOR BUILDERS, INC’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE, LLP KEENEY & CORDERY, LAW OFFICES IMAI, TADLOCK, < 3 ¢ 3 z 3 2 a Zz S 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. lt fd fig J. and 5. DECLARATION OF MICHAEL J. BOLAND IN SUPPORT OF DEFENDANT WEBCOR BUILDERS, ING’S OPPOSITION TO PLAINTIFFS” MOTION TO CONSOLIDATELAW OFFICES IMAI, TADLOCK, KEEN! & CORDERY, LLP ET 0, CA 94104 190 SAN FRAN! (415) 675-7000 PROOE OF SERVICE I, Heather Cherry, declare: Tam a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 100 Bush Street, Suite 1300, San Francisco, CA 94104. On the date of execution below, I served the within documents: DECLARATION OF MICHAEL J. BOLAND IN SUPPORT OF DEFENDANT WEBCOR BUILDERS, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California addressed as sot forth below. by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. >) On the date of execution below, | electronically served the document via LexisNexis File & Serve on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve Web site. Brayton Purcell, LLP 222 Rush Landing Road. Novato, CA 94945-2469 TI declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on October 28, 2011, at San Francisco, California. /s/ Heather Cherry Heather Cherry Ross, Robert and Jean v. C.C. Moore & Co. Engineers, (WB). SAN FRANCISCO SUPERIOR COURT NO. CGC-10-275731 6- DECLARATION OF MICHAEL J, BOLAND IN SUPPORT OF DEFENDANT WEBCOR BUILDERS, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE