Exhibit,Appendix: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                , LLP

Y & CORDERY,

LAW OFFICES

s

a
<
é
3
§
3S
Zz
2
z
=
Zz
3

IMAI, TADLOCK, KE

oa

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
100 BUSH STREET, SUITE 1300

SAN FRANCISCO, CA 94104

Telephone: (415) 675-7000

Facsimile: (415) 675-7008

Attomeys for Defendant
WEBCOR BUILDERS, INC.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

OCT 31 2011

Clerk of the Court
BY: WILLIAM TRUPEK
Deputy Clerk

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO

UNLIMITED JURISDICTION
CASE NO.: CGC-10-275731

ROBERT ROSS and JEAN ROSS,

Plaintiff,

(ASBESTOS)

EXHIBITS C-V TO THE DECLARATION

v. OF MICHAEL J. BOLAND IN SUPPORT

OF DEFENDANT WEBCOR BUILDERS,
INC.’S OPPOSITION TO PLAINTIFFS’

C.C. MOORE & CO. ENGINEEERS, et al., MOTION 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

ATTACHED ARE EXHIBITS C THROUGH-V TO THE DECLARATION OF

MICHAEL J. BOLAND IN SUPPORT OF DEFENDANT WEBCOR BUILDERS, INC.’S

OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE

“le

EXHIBITS C-V TO THE DECLARATION OF MICHAEL J. BOLAND IN SUPPORT OF DEFENDANT
WEBCOR BUILDERS, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATEEXHIBIT CBryDON

HuGt & PARKER
HkManesiecrr
Poe

an Franca Ca 84105

Edward R. Hugo, Esq. [Bar No. 124839]
P.M. Bessette [Bar No. 127588]
BRYDON HUGO & PARKER

135 Main Street, 20th Floor

San Francisco, CA 94105

Telephone: (415) 808-0300

Facsimile: (415) 808-0333

Attorneys for Defendant
A, TEICHERT & SON, INC.

SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

ROBERT ROSS and JEAN ROSS, (ASBESTOS)
Case No, CGC-10-275731
Plaintiffs,
VS. DEFENDANT A. TEICHERT & SON, INC’S

JOINDER IN DEFENDANT DOMCO
C.C. MOORE & CO. ENGINEERS, ct al., PRODUCTS TEXAS INC.'S NOTICE OF
MOTION AND MOTION TO DISMISS
Defendants. PLAINTIFFS' CLAIMS ARISING FROM
THE ALLEGED ASBESTOSIS, ASBESTOS-
RELATED PLEURAL DISEASE, AND
OVHER LUNG INJURIES

Date: Novernber 15, 2011
Time: 9:30 a.m.

Dept. 503,

judge: Hon. Teri 1. Jackson

TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD HEREIN:

Defendant A. TEICHERT & SON, INC. hereby joins and adopis, as if its own,
Defendant Domco Products Texas Inc.'s Notice of Motion and Mation to Dismiss
Plaintiffs’ Claims Arising From the Alleged Asbestosis, Asbestos-related Pleural Disease,
and Other Lung Injuries, and the related memorandum of points and authorities,
declarations, attachments and other supporting evidence thereto, and all other evidence

as may be presented in reply to Plaintiffs’ opposition. and at the hearing on this matter, as

if sct forth fully herein.

1

INC ‘S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS’ CLAIMS ARISING FROM THE
ALLECED ASBESTOSIS, ASBESTOS-RELATID PLEURAL DISEASE, AND OTHER LUNG INJORIES' This Joinder is made on the grounds that the arguments set forth in Defendant
2 {!Domce’s motion apply equally to A. TEICHERT & SON, INC.
3
4 j/Dated: October 18, 2011 BRYDON HUGO & PARKER :
5
|
6
7 By: {s/ P.M. Bessette _-
Edward R. Hugo
al, P.M. Bessette
| Attorneys for Defendant |
9 A. TEICHERT & SON, INC. :
i0
1
2
13
14
Ss
16 :
17
18
19
20
2
22
23
24
25
26
27
28
Hunn Pees DEFENDANT A. TEICHURT & SON, INC'S JOINDER IN DEFENDANT DOMCO PRODUCTS TEXAS
*Sewunsmeer INC’S NOTICE OF MOTION AND MOTION ‘FO DISMISS PLAINTIFFS’ CLATMS ARISING FROM TITE
an ee os ALLEGED ASBESTOSIS, ASBESTOS-RELATED PLEURAL DISEASE, AND OTHER LUNG INJURIESRoss, Robert & Jean
San Francisco County Superior Court Case No. CGC-10-275731
LexisNexis Transaction No. 40422709

PROOF OF SERVICE

Lam a resident of the State of California, over the age of 18 years, and not a
party to the within action. My clectronic notification address is
service@bhplaw.com and my business address is 135 Main Street, 20% Floor, San
Francisco, California 94105. On the date below, I served the following:

DELENDANT A. TEICHERT & SON, INC,’S JOINDER IN DEFENDANT DOMCO:
PRODUCTS TEXAS INC.’S NOTICE OF MOTIGN AND MOTION TO DISMISS
PLAINTIFES' CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS,
ASBESTOS-RELATED PLEURAL DISEASE, AND OTHER LUNG INJURIES

on the following:

BRAYTON “ PURCELL LLP Lexis Nexis Service List
222 Rush Landing Road

Novato, CA 94945

Fax: (415) 898-1247

X By transmitting electronically the document(s) listed above as set forth
on the electronic service list on this date before 5:00 p.m.

o By transmitting, via facsimile the document(s) listed above to the fax
number(s) set forth above on this date before 5:00 p.m.

o By placing the document(s) listed above in a sealed envelope and placing
the envelope for collection and mailing on the date below following the
firm's ordinary business practices. J am readily familiar with the firm's
practice of collection and processing correspondence for mailing. Under
that practice it would be deposited with U.S. Postal service on the same
day with postage thereon fully prepaid at San Francisco, California in
the ordinary course of business. Lam aware that on mation of party
served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in
affidavit.

o By placing the document(s) listed above in a sealed envelope designated
for Federal Express overnight delivery and depositing same with lees
thercupon prepaid, ina facility regularly maintained by Federal Express,
addressed as set forth above.

{declare under penalty of perjury that the above is true and correct.
Executed on October 18, 201f, at San Francisco, California.

1
PRoor OF SERVICEEXHIBIT DStephen J. Foley, Esq. SBN 220752
Dennis M. Young, Esq. SBN 121178
Elizabeth C. Sears, Esq. SBN 250240
Foley & Mansfield, PLLP

300 Lakeside Drive, Suite 1900

Oakland, CA 94612

Telephone: (510) 590-9500

Facsimile: (310) 590-9595

Attomeys for Defendant
ACCO ENGINEERED SYSTEMS, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS, Case No: CGC-10-275731
Plaintiffs, “Asbestos-Related Matter”
vs. DEFENDANT ACCO ENGINEERED
SYSTEMS, INC.’S JOINDER IN DOMCO
C.C. MOORE & CO., et al., PRODUCTS TEXAS INC.’S MOTION TO
DISMISS PLAINTIFFS’ CLAIMS
Defendants, ARISING FROM THE ALLEGED

ASBESTOSIS, ASBESTOS-RELATED
PLEURAL DISEASE, AND OTHER LUNG

INJURIES

Date: November 15, 2011
Time: 9:30 a.m.

Dept.: 503

Judge: Hon. Teri L, Jackson

TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD:

Defendant Acco Engineered Systems, Inc. (“Acco”) hereby joins and adopts, as if its
own, 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, and the related memorandum of points and authorities, declarations,
attachments and.other supporting evidence thereto, and all other evidence as may be presented in
reply to Plaintiffs’ opposition and at the hearing on this matter, as if set forth fully herein.

it

'
DEFENDANT ACCO ENGINEERED SYSTEMS, [NC.’S JOINDER IN DOMCO PRODUCTS TEXAS INC.'S
MOTION TQ DISMISS PLAINTIFFS’ CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-
RELATED PLEURAL DISEASE, AND OTHER LUNG INJURIESSD 0 © tn he BF WN

oR NOM me =e Se ek ee ee me Se
BON = S$ FS ae DA aA BN

25
26
27
28

This Joinder is made on the grounds that the arguments set forth in Defendant Domco’s
motion apply equally to Acco. The legal doctrine prohibiting splitting a cause of action, raised in
Domco’s moving papers, applies equally to Acco te support dismissal of Plaintiff's claims for

asbestosis, asbestos-related disease, and other lung injuries from Plaintiffs’ 2010 Complaint.

Dated October 18, 2011 FOLEY & MANSFIELD, P.L.L.P.

By: X

Stephen J. Foley

Dennis M. Young

Elizabeth C. Sears

Attorneys for Defendant

ACCO ENGINEERED SYSTEMS, INC.

2
DEFENDANT ACCO ENGINEERED SYSTEMS, INC,’S JOTNDER IN DOMCO PRODUCTS TEXAS INC.’S
MOTION TO DISMISS PLAINTIFFS’ CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-
RELATED PLEURAL DISEASE, AND OTHER LUNG INJURIESeC ew A mH ke YD NY

eo
- Ss

Robert Ross and Jean Ross, vs. C.C. Moore & Co.. et al.
San Francisco County Superior Case No.; CGC-10-275731
Our File No.: 12006-0023

PROOF OF SERVICE BY ELECTRONIC TRANSMISSION

1, the undersigned, declare as follows:

Yam employed in the County of Alameda, California, and [ am over the aye of 18 years and
not a party to the within action. My business address is 300 Lakeside Drive, Suite 1900, Oakland,
California, 94612.

On the date executed below, | electronically served the documents(s) via LexisNexis Kile &

Serve described as:

* DEFENDANT ACCO ENGINEERED SYSTEMS, INC.’S JOINDER IN DOMCO
PRODUCTS TEXAS INC.’S MOTION TO DISMISS PLAINTIFFS’ CLAIMS
ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-RELATED PLEURAL
DISEASE, AND OTHER LUNG INJURIES

on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve website.

I declare under penalty of perjury under the laws of the State of California that the foregoing is

true and correct and that this declaration was executed on October 18, 2011, at Gakland, California.

LAG

FEY. SAECHAO

1
PROOF OF SERVICE BY ELECTRONIC TRANSMISSIONEXHIBIT EWilliam M. Hake, Esq. (State Bar No. 110956)

Melissa E. Macfarlane, Esq. (State Bur No. 239811)
Rachael A. Buckman, Esg. (State Bar No. 263224)
HAKE LAW, A PROFESSIONAL CORPORATION
343 Sansome Street, Suite 425

| San Francisco, CA. 04105

Tel (415) 364-0370

Fax: (415) 364-0371

Attorneys fr Defendant,
BELL PRODUCTS, ENC.
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS, Case No. CGC-10-275731

Plaintiffs, DEFENDANT BELL PRODUCTS, INC.’S

JOINDER TO PRIBUSS ENGINEERING,

vs. INC.’S MOTION TO DISMISS PLAINTIFES’

CLAIMS ARISING FROM THE ALLEGED
C.C. MOORE & CO., ENGINEERS, et al ASBESTOSIS, ASBESTOS-RELATED

PLEURAL DISEASE, AND OTHER LUNG
Defendants. INJURIES

Date: Navember 4, 2011

Time: 9:30 a.m.

Dept: 503

Judge: lon. Teri L. Jackson

TO ALL PARFIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE thut Defendant BELL. PRODUCTS, ENC. (herematier,
“Defendant”) hereby joins in co-defendant Pribuss Engineering, Inc.’s Molion to Dismiss
Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos- Related Pleural Disease, and
Other Lung injuries (hereinafier, “Mation”). The Motion is scheduled to be heard on November
4, 2611 at 9:30 a.m, in Department 303 at the Sao Francisco Superior Coun, located at 400

McAllister Street, San Francisco, California 94102,

Defendant joins in said Motion and incorporates, as if fulty set forth herein, the

OPER LYBw

Mernorandum of Points and Authorities, the Deelaration of Gina A. Haran, all supporting
evidence and dacuments, and all other evidence submitted by the moving and/or joining parties,
including any oral argument and evidence ag may be presented at the time of the hearing.
Defendant further joins in any reply and supplemental points and authorities, declarations anor
exhibits which may be filed in support of the Mation.

Should Pribuss Engineering, Inc, withdraw this Motion or be dismissed prior to the

hearing, Bell Products, Ine reserves the right to argue the Motion on its own behalf in its entirety.

Respectfully Submitted,

ESSIONAL. CORPORATION

Dated: October 17, 2011 HAKE i)

By: he \
William M, >
Melissa E. Macfarlane,
Rachacl A. Buckman,

Attomeys for Defendant
BELL PRODUCTS, INC,

DANE HELL PRODUC
ARISING FROM PHE ALLEGEDnu

13
14
15
16
17
Ww
19
20
2

|

|
|
|
|

PROOF OF SERVICE

[ama citizen of the United States and employed in San Francisco County, California. 7
am aver the age of eighteen years and not a party to the within-entitled action My business

address is 343 Sansome Street, Suite 425, San Francisco, CA 94104,

On October 17, 2011, 1 electronically filed and served the following document via
LexisNexis File and Serve on all parties listed on the transmission report:
DEFENDANT BELL. PRODUCTS, INC.’S JOINDER TO PRIBUSS ENGINEERING,
INCS MOTION TO DISMISS PLAINTIFFS? CLAIMS ARISING FROM THE
ALLEGED ASBESTOSIS, ASBESTOS-RELATED PLEURAL DISEASE, AND OTHER
LUNG INJURIES
} declare under penalty of perjury under the laws of the State of Cafifornia that the above

is true and correct.

Executed on October 17, 201 4, at San Francisco, California,

“y

ep

SMARKY /

|EXHIBIT F| || John T. Hugo, Esq. (State Bar Ne. 269555)
Stephen L. Jenkins (State Bar Ne. 2
2 |} Daniel B. Merrick (State Bar No. 267276)
COOLEY MANION JONES KUROWSKI LLP
3 |} 201 Spear Street, 18" Floor

isco, CA 94105

5
| Atlomevys for Defendant |
6 | BRAGG INVESTMENT COMPANY, INC.
!
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA |
a gt IN AND FOR THE COUNTY OF SAN FRANCISCO :
Z 9) 1927895
B | ROBERT ROSS AND JEAN ROSS, Case No.: CGC-10-275731
EB 1]!

Plaintiffs, DEFENDANT BRAGG INVESTMENT |
COMPANY, INC.’S JOINDER LN !
DEFENDANT DOMCO PRODUCTS j
TEXAS INC,’S NOTICE OF MOTION
AND MOTION TO LHSMISS
PLAINTIFFS’ CLAIMS ARISING
FROM THE ALLEGED ASBESTOSIS,
ASBESTOS-RELATED PLEURAL
DISEASE, AND OTBER LUNG

ve
|

ASBESTOS DEFENDANTS (BéP),

Defendants.

INJURIES
Trial Date: November 15,201]
Thne: 9:30 am,
7 Dept: 503
i Judge: Hon. Teri 1. tackson i
18

AND TO THEIR ATTORNEYS OF RECORD HEREIN:

19 |} FO PLAINTIP
20 PLEASE TAKE NOTICE, Defendant Bragg Investment Company. Inc. (“Bragg”) hereby

2) [| joins and arlopts as if its own Defendant Domeo Products Texas Inc.'s (*Domco™) Motian and

22 |} Mation ta Dismiss Plaintiffs’ Claims Arising From the Alleged Asbestosis, Asbestos-Reluied Pleural
23 |i Disease, and Orher Lug Injuries, the related memorandum and points and authorilies, declarations,
34 ]/ attachments, and other supporting evidence thereto, and to all other evidence as may be presented in
28 |) reply to Plaiatiffs* opposition and at the hearing on this matter, us if set forth fully herein. |

26 ‘This Joinder is made on the grounds that Bragg is a similarly situated defendant and as such

27 |{ the arguments set forih in Defendant Damco’s motion apply equally to Bragg. Should DefendantSs KUROWSKI LEP

Os
fos!

COOLEY MANIC

ws

6

Domco withdraw its motion or be dismissed prior to the hearing, Bragg reserves the right to argue th

motion on its own behalf in its entirety.

Respectfully Submitted,

Dated: October 19, 2011 COOLEY MANION JONES
KUROWSKI LLP

Sy out. j
ae 2 Met eed
“Daniel 8 Ment

Attorneys for Defendant
Bragg Investment Company. Inc.

he

TRDANT BRA

FT COMPARY, IRC
MOTION TO DISS

CLAIMS FOR A

SINDLER TN DOMCO PRODUCTS TEXAS ING."
ISTUSIS, ASBESTOS-RELATED PLEURAL DIS
TNURY,

MTAICE OF MOTION ANG
E, AND OTHER LUNGI PROOF OF SERVICE

>|
1, Lea Jones, ama citizen of the United States and employed in San Francisco County,
alt
| Calitirnia. Jam over the age of eighteen years and not a party to the within-entitled action. My i
4
business address is 201 Spear Street, Suite 1800, San Francisev, CA 94105. \
5 \

On October 19, 2011, L electronically filed and served the following document(s) via
LexisNexis File and Serve on all parties listed on the transmission report:

&
7
1
8 DEFENDANT BRAGG INVESTMENT COMPANY, INC.’S JOINDER IN DEFENDANT
5 DOMCO PRODUCTS TEXAS INC.’S NOTICE OF MOTION AND MOTION TO DISMISS;
PLAINTIFFS’ CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-
10 RELATED PLEURAL DISEASE, AND OTHER LUNG INJURIES

VROWSELLLP

g

i 1 declare under penalty of perjury under the laws of tbe State of Culifomia that the above is

rue and correct.

executed on October 19, 2011, at San Francisco, California.

ANJURY,EXHIBIT GCe WA A mw! NOR

oe
ss

Jeffrey S. Gillespie, State Bar No. 192495
Walter C. Rundin, State Bar No. 072475
BURNHAM BROWN

A Professional Law Corporation.

P.O. Box 119

Oakland, California 94604

1901 Harrison Street, 14th Floor
Oakland, California 94612

Telephone: (510) 444-6800

Facsimile: (510) 835-6666

Attorneys for Defendant
CALIFORNIA DRYWALL CO.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO

UNLIMITED JURISDICTION
ROBERT ROSS and JEAN ROSS, Ne. CGC-10-275731
Plaintiffs, DEFENDANT CALIFORNIA
DRYWALL CO.’S JOINDER IN
v. DOMCO PRODUCTS TEXAS INC,’S
MOTION TO DISMISS PLAINTIFFS’
C.C. MOORE & CO. ENGINEERS; CLAIMS ARISING FROM THE
Defendants As Reflected on Exhibit 1 ALLEGED ASBESTOSIS, ASBESTOS-
attached ta the Summary Complaint herein; RELATED PLEURAL DISEASE, AND
and DOES 1-8500, OTHER LONG INJURIES
Defendants. Date: November 15, 2011
Time: 9:30 am,
Dept: 503
Judge: Hon. Teri L. Jackson

TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD:

Defendant CALIFORNIA DRYWALL CO. (“California Drywall”) hereby joins and
adopts, as if its awn, 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, and th? related memorandum of points and authorities,
declarations, attachments and other supporting evidence thereto, and all other evidence as may
be presented in reply to-Plaintiffs’ opposition and at the hearing on this matter, as if set forth

fully herein.
1

DEFENDANT CALIFORNIA DRYWALL CO.’S JOTNDER TN DOMCO PRODUCTS TEXAS INC(S CGC-10-275731
MOTION TO DISMISS PLAINTIFFS* CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS,
ASBESTOS-RELATED PLEURAL DISEASE, AND OTHER LUNG INJURIESBK

we UW A HA fk WON

‘This Joinder is made on the grounds that the arguments set forth in Defendant Domco’s

motion apply equally to California Drywall. The legal doctrine prohibiting splitting a cause of

action, raised in Domco’s moving papers, applies equally to California Drywall to support

dismissal of Plaintiff s claims for asbestosis, asbestos-related disease, and other lung injuries

from Plaintiffs’ 2010 Complaint.
DATED: October 19, 2011 BURNHAM BROWN

Wp / hah

WALTER C. RUNDIN
Attomeys for Defendant
CALIFORNIA DRYWALL CO.

1 eeg0as

. 2
DEFENDANT CALIFORNIA DRYWALL CO.'S JOINDER IN DOMCO PRODUCTS TEXAS INC.’S
MOTION TO DISMISS PLAINTIFFS’ CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS,
ASBESTOS-RELATED PLEURAL DISEASE, AND OTHER !LUNG INJURLES

COC-10-275731Re: Robert Ross, et al. v. C.C. Moore & Co. Engineers, et al.
Court: San Francisco Superior
Action No; CGC-10-275731

PROOF OF SERVICE OF ELECTRONIC SERVICE

I declare that I am over the age of 18, not a party to the above-entitled action, and
am an employee of Burnham Brown whose business address is 1901 Harrison Street,
14" Floor, Oakland, Alameda County, California 94612 (mailing address: Post Office
Box 119, Oakland, California 94604),

On the date executed below, I electronically served the document(s) via
LexisNexis File & Serve described as:

DEFENDANT CALEFORNIA DRYWALL CO.’S JOINDER IN DOMCO
PRODUCTS TEXAS INC.’S MOTION TO DISMISS PLAINTIFFS’ CLAIMS
ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-RELATED
PLEURAL DISEASE, AND OTHER LUNG INJURIES

on recipients designated on the Transaction Receipt located on the LexisNexis File &
Serve website.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and was executed on October 19, 2011 at Oakland,
California.

f Gaulter

PROOF OF SERVICE CASE NO, CGC-10-275731EXHIBIT Hea a A Aw

MADELINE L. BUTY [SBN 157186]
DREXWELL M. JONES [SBN 221112]
BUTY & CURLIANO LLP

555 City Center

555 — 12" Street, Suite 1280

Oakland, California 94607

Tel: 510.267.3000

Fax: 510.267.0117

Email: mlb@butycurliano.com
dmj@butycurliano.com
Attorneys for Defendants

CRITCHFIELD MECHANICAL, INC. and
HAROLD BEASLEY PLUMBING & HEATING, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

ROBERT ROSS and JEAN ROSS, No, CGC-10-275731

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 OTHR LUNG INJURIES

Plaintifts,
y.
ASBESTOS DEFENDANTS (B¢P); et al,
Defendants.
Dated: November 4, 2011
Time: 9:30 a.m.

Dept: 503
Judge: Honorable Teri L. Jackson

tN et a er

Complaint Filed: December 17, 2010

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that defendants CRITCHFIELD MECHANICAL, INC., and
HAROLD BEASLEY PLUMBING & HEATING, INC,, hereby join and adopt, as if their own, in
defendant PRIBUSS ENGINEERING INC.’s Notice of Motion to Dismiss Plaintiffs’ Claims

1

JOINDER IN DEFENDANT PRIBUSS ENGINEERING, INC’S NOTICE OF MOTION AND MOTION TO
DISMISS PLAINTLFES’ CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-RELATED
PLEURAL DISEASE, AND OTHR LUNG INJURIESAtising from the Alleged ‘Asbestosis, Asbestos-Related Pleural Disease, and Other Lung Injuries as
though fully set forth herein.

‘This Joinder is made on the grounds that the arguments set forth in defendant PRIBUSS
ENGINEERING’s Motion apply equally to HAROLD BEASLEY PLUMBING & HEATING,

1

2

3

4

5 4 INC. The only relevant factual distinction between PRIBUSS ENGINEERING and HAROLD

6 || BEASLEY PLUMBING & HEATING, INC. is that HAROLD BEASLEY PLUMBING &

7 || HEATING, INC, was named as a defendant in plaintiffs’ 2007 Complaint, but was dismissed

3 | without prejudice from that action. The legal doctrine prohibiting splitting a cause of action, raised
9

jn PRIBUSS ENGINBERING’s moving papers, applics equally to HAROLD BEASLEY

10 | PLUMBING & HEATING, INC. to support dismissal of plaintiffs’ claims for asbestosis, asbestos-

11 | related pleural disease, and other lug injuries from plaintiffs” 2610 Complaint.

12

13 | DATED: October 19, 2011 BUTY & CURLIANO LLP

14

15 By:_/s/DREXWELL M. JONES
i MADELINE L. BUTY
16 DREXWELL M. JONES

‘Attomeys for Defendants

| : 17 CRITCHIIELD MECHANICAL, INC. and
| JIAROLD BEASLEY HEATING &
i : 1B PLUMBING, INC.
! 19
| 20
| a
|

22
: 23
24

25

26

27

28 2

i ny e
1 me JOINDER IN DEFENDANT PRIBUSS ENGINEERING, INC.’S NOTICE OF MOTION AND MOTION TO
angatiien | DISMISS PLAINTIFFS’ CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-RELATED

i PLEURAL DISEASE, AND OTHR LUNG INJURIESBR WN

28

PROOF OF SERVICE

ke

Ideclare that:

Tam employed in the C of Alameda, California. I am over the ege of eighteen years
and not @ party to the within entitled cause; my business address is 555 — 12” Street, Suite 1280,
Oakland, CA 94607.

On October 10, 2011, T served the following document(s) via LexisNexis File & Serve as
described as:

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 OTHR LUNG INJURIES

ou Feeipients designated on the Transaction Receipt located on the LexisNexis File & Serve
website.

declare under penalty of perjury under the laws of the State of California that the foregoing
ig true and correct. Executed on October 10, 2011, in Oakland, California.

ROBIN LOKOLLO /s{ROBIN LOKOLLO .
Print Name Signature

3

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 OTHR LUNG INJURIESEXHIBIT Ibe

2
3
4
5
6
7
8
9

Edward R. Hugo [Bar No. 124839]
Shelley K, Tinkoff [Bar No, 187498!
BRYDON HUGO & PARKER

135 Main Street, 20!" Floor

San Francisco, CA 94405
Telephone: (415) 808-0300
Facsimile: (415) 808-0333

L Email: tinkoff@bhpiaw.com
Attomeys for Defendant

DOMCO PRODUCTS TEXAS INC.

Erroneously sued herein as DOMCO PRODUCTS
TEXAS, LP. fka AZROCK INDUSTRIES, INC.

SUPERIOR COURT - STATE OF CALIFORNIA.
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

ROBERT ROSS and JEAN ROSS, | (ASBESTOS)
| Case No. CGC-10-275731
Plaintiffs,
vs. DEFENDANT DOMCO PRODUCTS

TEXAS INC. erroneously sued herein as
CC. MOORE & CO. ENGINEERS; et al, | DOMCO PRODUCTS TEXAS, L.P. fa
AZROCK INDUSTRIES, INC'S NOTICE OF
Defendants, MOTION AND MOTION TO DISMISS
PLAINTIFFS’ CLAIMS ARISING FROM
THE ALLEGED ASBESTOSIS, ASHESTOS-
RELATED PLEURAL DISEASE, AND
OTHER LUNG INJURIES

! Date: November 15, 2011

: Time: 9:30 a.m.

| Dept. 503

Judge: fon. Teri L. jackson

¥CO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on November 15, 2011, 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, San Francisco, California 94102,
Defendant DOMCO PRODUCTS TEXAS INC. erroneously sued herein as DOMCO
PRODUCTS TEXAS, L.P. fa AZROCK INDUSTRIES, INC. (“Domco”) will and hereby

1

DEFENDANT DOMCO PRODUCTS TEXAS INC. erroneously sued herein as DOMCO PRODUCTS
“TEXAS, L.P. fka AZROCK INDUSTRIES, INC'S NOTICE OF MOTION AND MOTION TO DISMISS:
PLATNTIFFS' CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-RELATED PLEURAL
DISEASE, AND OTHER LUNG INJURIESBryan
Huu g PARKER

span prareses Co 425

does move to dismiss plaintiffs ROBERT ROSS’s and JEAN ROSS's claims based upon
the alleged injuries/illnesses of 1) asbestosis; 2) asbestos-related pleural disease; 3)
breathing difficulties, and/or other lung damage. This motion is made on the grounds that
plaintiffs failed to assert these claims against defendant Domco within the time mandated
by statute, namely California Code of Civil Procedure sections 583.210 and 583.250.

This motion will be based upon this Notice and Motion, Memorandum of Points
and Authorities, the Supporting Declaration of Shelley K. Tinkoff, the pleadings and
records on file herein, any such matter that may be judicially noticed and on such

additional evidence or arguments presented at the hearing of this Motion.

Dated; October 18, 2011 BRYDON HUGO & PARKER

By: {s/ Shelley K. ‘Vinkolf
Edward R. Hugo
Shelley K. Tinkoff
Attomeys for Defendant
DOMCO PRODUCTS TEXAS INC.
Exroneously sued herein as DOMCO
PRODUCTS TEXAS, LP. fka AZROCK
INDUSTRIES, INC.

2

DEFENDANT DOMCO PRODUCTS TEXAS INC. erroneously sued herein as DOMCO PRODUCTS
TEXAS, LP. fka AZROCK INDUSTRIES, INC.'S NOTICE OF MOTION AND MOTION TO DISMISS
PLAINTIFES' CLATMS ARISING FROM THE ALLEGED ASBFSTOSIS, ASHESTOS- RELATED PL EURAIL.
DISEASE, AND OTHER LUNG INJURIESNoo

w

So PN DH b

Ross, Robert & Jean
San Francisco County Superior Court Case No. CGC-10-275731
LexisNexis Transaction No. 40415519

PROOF OF SERVICE

Tam a resident of the State of California, over the age of 18 years, and nota
party to the within action. My electronic notification address is
service@bhplaw.com and my business address is 135 Main Street, 20" Floor, San
Francisco, California 94105, On the date below, { served the following:

DEFENDANT DOMCO PRODUCTS TEXAS INC. erroneously sued herein as
DOMCO PRODUCTS TEXAS, L.P. fka AZROCK INDUSTRIES, INC.'S NOTICE OF
MOTION AND MOTION TO DISMISS PLAINTIFFS’ CLAIMS ARISING FROM
THE ALLEGED ASBESTOSIS, ASBESTOS-RELATED PLEURAL DISEASE, AND
OTHER LUNG INJURIES

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
DEFENDANT DOMCO PRODUCTS TEXAS INC. erroneously sued herein as
DOMCO PRODUCTS TEXAS, L.P. tka AZROCK INDUSTRIES, INC'S MOTION
TO DISMISS PLAINTIFFS’ CLAIMS ARISING FROM THE ALLEGED
ASBESTOSIS, ASBESTOS-RELATED PLEURAL DISEASE, AND OTHER LUNG
INJURIES

DECLARATION OF SHELLEY TINKCIT IN SUPPORT OF DEFENDANT
DOMCO PRODUCTS TEXAS INC. erroneously sued herein as DOMCO
PRODUCTS TEXAS, LLP. fka AZROCK INDUSSRIES, INC'S MOTION TO
DISMISS PLAINTIFFS’ CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS,
ASBESTOS-RELATED PLEURAL DISEASE, AND OTHER LU NG INJURIES

[PROPOSED] ORDER RFE. DEFENDANT DOMCO PRODUCTS TEXAS INC.
erroncously sued herein as DOMCO PRODUCTS TEXAS, L.P. fka AZROCK
INDUSTRIES, INC'S MOTION TO DISMISS PLAINTIDDS' CLAIMS ARISING
FROM THE ALLEGED ASBESTOSIS, ASBESTOS-RELATED PLEURAL DISEASE,
AND OTHER LUNG INJURIES

on the following:

BRAYTON PURCELL LLP SEE LEXIS NEXIS SERVICE LIST
222 Rush Landing Road

Novato, CA 94945

Fax: (415) 898-1247

X By transmitting electronically the document(s) listed above as set forth
on the electronic service list on this date before 5:00 p.m.

| declare under penally of perjury that the above is t e-and-correct.
Executed on Cctober 18, 2011, at San Francisco, California. .

.,
. See |
Adrena Williams

PROOE OF SERVICEEXHIBIT J"ATTORNEY OF PARTY VATHOUT ATTORNEY (or, Se sma

ek, Brayton (State Bar # §.B, #73685)

cIvVtto

Far courr usc orRY

[20] other (specity) : Asbestos

=A conformed cony will not be returned ky the clerk unless & method of retum Is provided wilh the document. -

4, TO THE CLERK: Please dismiss this action as follows:
2. (1)] With prejucloe (2) [x] Without prejutioe

b. (1) [EX] Complaint (2) (7 Petttion
@) LJ Crose-complaint flew By fone):
4) Cross-complaint fled ky (name):
© Entire action of ell parties and all causes of action

on (date):
on (data):

igyy Sal arlsng thr dhe May 2009 dogs of mbesosis nl acbestos lated pleura ease ony, as to defedauz DOMCO
©) LX] Other fspecitys PRODUCTS TEXAS INC, eronscusly sued herein ss DOMOO PRODUCTS TEXAS, LP, fka AZROCK INDUSTRIES, INC,

2. (Complete ia all casos except Wily taw cases)

[1] Court feos and costs were waived for @ party in this case. (This information may be oDleined Jrom the clack. this bor 3

checked, the declaration on ihe back of this form must be complete
Dato Qotober 18, 2011 >.

for Alan R.Brayton

‘omnaTuRe

mpeteiist Piciaretese Mo thot tome
Spa yana eters aie sadeeiearecizks Meo ea wit aorey

Skat Scion or ouecerplans tebe tismissaa.

(2) Piaintit*Petiioner

[3 cress-Complainant

[J DefendanvRespondert

9. TO THE CLERKG Consent to the above dismissal is hereby clven.**

Date: >

cvecor marae oF [30] arromney_] easy wmout arromen
IC a sossoorelsnd oF Resporne em seking attrmate
apereo {isonet
cn tat

@owrne)

Attorney or party wahiout eiorney for:

Spe corer Faeetod by Cade Go Proceso [CU] PramitiPettioner EX] DefendantfRespondont
org [7) Cross-Compiainant
{To be completed by clerk)

4. [1 Dismissal ontorod as roquested on (date):
5 [J Dismissal entered on (dato): 198 t0 only joao):
6. [=] Dismissal not entered as requested fcr the following reasons (specify.

7. a. Atiomey or party without attomey notified on (date):

b. attorney or party without attorney not notified. Fling party falled to provide

[Jacopy to be conformed] means to return contermed 2opy
Date: Clerk, by,

Fam hanied uma Om
“ace Core ot Cone
Sees 3 08)

REQUEST FOR DISMISSAL.

222 Rush Landing Ro:
re ting Road ELECTRONICALLY|
‘rereriansino: (415) 898-1555 raxno aptamer (415) 898-1247 FILED
StU ADDRES (Oras
Arron Fon gioe: Plaintiff, ROBERT B, ROSS, etal. Superior Court of Califor,
County of San Francisco
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
srrezt anress: 400 MeAllister Street OCT 21 2011
rsh DRE Clerk of the Court
cirvano ae cone: San Francisco 94102 BY: WILLIAM TRUPEK
t BRANCH MARE: Daputy Cl
FLAINTIFFPETITIONER: ROBERT B. ROSS, et al.
JDEFENDANTIRESPONDENT: C.C. MOORE & CO. ENGINEERS, et al.
REQUEST FOR DISMISSAL
[C1 Personal Injury, Praperty Damage, ar Wrongful Death cose waren:
[3 Motor Vohicie TX] Otter
| 2) Family Law [=] Eminent Domain CGC-10-275731civ-110 |”

PLAINTIFF/PETITIONER: ROBERT B. ROSS, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: C.C, MOORE & CO. ENGINEERS, et al. . CGC-10-275731

Declaration Concerning Waived Court Fees

The court has a statutory lien for walved fees and costs on any recovery of $10,000 or more in value by .
settlement, compromise, arbitration award, mediation settlement, or other recovery. The court's len must I
be paid before the couirt will dismiss the case.

4. The court waived fees and costs in this action for (name): .
2. ‘The person in item 1 (check one): s : i

a is not recovering anything of value by this action. ‘

b, is recovering !ess than $10,000 in value by this action. 4 j

c. is recovering $10,000 or more in value by this action. (If item 2c Is. checked, item 3 must be completed.) |
3. All court feee end costs that were waived in this action have been paid to the court (check one): [_] Yes No

I declare under penalty of perjury under the jaws of the State of California that the information above Is true and correct.

Date:
»

(TYPE OR PRINT NAME OF ATTORNEY PARTY MAKING DECLARATION) (SIGHATURE)

tee ee,

WV-410 Fee. dup 4, 2009] EQ Pauetola
oer REQUEST FOR DISMISSAL LexisNexis® Automated California Judicial Counclt Forms
q €EXHIBIT Kot AN he

Douglas G. Wah, Esy. SBN 64692
Sandy Y Liu, Esq. SBN 198763
Foley & Mansfield P.L.L.P.

300 Lakeside Drive, Suite 1900
Oakland, California 94612

Telephone No: (510) 590-9500
Facsimile No: (510) 590-9595

Email: sliu(@folevmansfield.com

Attomeys for Defendant
DW, NECHOLSON CORPORATION

SUPERTOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS, Case No. CGC-10-273731

DEFENDANT D.W. NICHOLSON
CORPORATION'S JOINDER IN
DEFENDANT DOMCO PRODUCTS TEXAS
INC’S NOTICE OF MOTION AND MOTION
TO DISMISS PLAINTIFES' CLAIMS
ARISING FROM THE ALLEGED
ASBESTOSIS, ASBESTOS-RELATED
PLEURAL DISEASE, AND OTHER LUNG
INJURIES

Plaintiff,

v5.

C.C. MOORE & CO. ENGINEERS, et al.,

Date: November 15, 2011
Time: 9:30am.

Dept: 503

Judge: Hon. Teri 1. Jackson

Defendants

Ne ee ee ee ete

TO PLAINTIFFS AND TO THEIR ATTORNEYS OF RECORD HEREIN:

Defendant D.W. NICHOLSON CORPORATION hereby joins and adopts, as if its own,
Defendant Demco 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, and
the related memorandum of points and authorities, declarations, attachments and other supporting
evidence thereto, and all other evidence as may be presented in reply to Plaintiffs’ oppasition and at the
hearing on this matter, as if set forth fully herein,

Ht
dil

1
DEPEKDANT Dav, NICHOLSON CORPORATION'S JOINTIER IN DEFENDANT DOMCO PRODUCTS TEXAS BNC.'S NOTICE OF MOTION AND MOTION TC
DISHES! PLAINTIFFS: CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-RELATED PLEURAL DIYEASE, AND OTHER LUNG INIURIGS‘This Joinder is made on the grounds that the arguments set forth in Defendant Domco’s motion
apply equally lo D.W. NICHOLSON CORPORATION. The only relevant factual distinction between
moving defendant Domo and D.W. NICHOLSON CORPORATION is that D.W, NICHOLSON
CORPORATION was named as a defendant in Plaintiffs’ 2007 Complaint, but was dismissed without
prejudice from that action, The Jegal doctrine prohibiting splitting a cause of action, raised in defendant
Domco’s moving papers, applies equally to D.W. NICHOLSON CORPORATION to support dismissal
of Plaintiff's claims for asbestosis, asbestos-related pleural disease, and cther ‘ung injuries from

Plaintitts’ 2010 Complaint.

Dated: October 18, 2011 FOLEY & MANSFIELD, P.L.L.P.

Lae Weil
SANDY. LIU

Attorneys for Defendant
D.W. NICHOLSON CORPORATION

BY,

2
DEFENDANT 2), NICHOLSON CORPORATION'S JOIMDER (N DEFENDANT DOMC9 PRODUCTS TEXAS IN0."8 NOTICE CF MOTION AND MOTION TO
DISMISS PLAINTIFFS: CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-RELATED PLEURAL DISEASE, AND OVHER LURG INJURIES:-

a nA HW hk WwW oN

Robert Ross and Jean Ross vs. CC. Moore & Co. Engineers, et a.
San Francisco County Superior Case No. CGC-10-275731
Our File No, 10586.0072

PROOF OF SERVICE BY ELECTRONIC TRANSMISSION

1, the undersigned, declare as follows:

Lam employed in the County of Alameda, California, and I am over the age of 18 years and not a
party to the within action. My business address is 300 Lakeside Drive, Suite 1900, Oakland, CA, 94612.

On the date executed below, I electronically served the documents(s) via LexisNexis File &
Serve described as:

« DEFENDANT D.W, NICHOLSON CORPORATION’S JOINDER IN DEFENDANT
DOMCO PRODUCTS TEXAS INC.’S NOTICE OF MOTION AND MOTION TO
DISMISS PLAINTIEES' CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS,
ASBESTOS-RELATED PLEURAL DISEASE, AND OTHER LUNG [INJURIES

on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve website.
I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is

true and correct and that this declaration was executed on October 18, 2011, at Oakland, California.

1
PROOF OF SERVICE BY ELECTRONIC TRANSMISSIONEXHIBIT LGISHOP | BARRY [ DRATH
2000 POWELL STRcET Sue 1425
EMERYVILLE, CALIFORIM 94506
TELEPHONE! (510) 596-0382 FACSIMILE: (510) 595-0899

eC woe 2 A OW F WON

Mary Margaret Ryan, State Bar No. 127828
BISHOP | BARRY | DRATH

2000 Powell Street, Suite 1425

Emeryville, California 94608

Telephone: (510) 596-0888

Facsimile: (510} 596-0889

Attomeys for Defendant
FOLEY ELECTRIC, INC

JN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS, Case No. CGC-10-275731

Plaintiffs, DEFENDANT FOLEY ELECTRICAL, INC.’S
JOINDER IN DEFEDENDANT TEMPORARY
VS. PLANT CLEANERS, INC. i/k/a PLANT
MAINTENANCE, INC, OF CALIFORNIA'S
C. C. MOORE & CO. ENGINEERS, and NOTICE OF MOTION AND MOTION TO
DOES 1-8500, DESMISS PLAINTIFFS’ CLAIMS

Defendants. Date: November 17, 2011
Time: 9:30 am.

Dept: 503

Judge: Hon. Teri L. Jackson

TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD HEREIN:

Defendant FOLEY ELECTRIC, INC. hereby joins and adopts, as if its own, Defendant
Temporary Plant Cleaners, Inc. #/k/a Plant Maintenance, Inc, of California’s Notice of Motion and
Motion to Dismiss Plaintiffs’ Claims Arising From the Alleged Asbestosis, Asbestos-related
Pleural Disease, and Other Lung Injuries, and the related memorandum of points and authorities,
déclarations, ettachments and other supporting evidence thereto, and alt other evidence as may be
presented in reply to Plaintiffs’ opposition and at the hearing on this matter, as if set forth fully
herein.

This Joinder is made on the grounds that the arguments set forth in Temporary Plant
Cleaner’s motion apply equally to FOLEY ELECTRIC, INC.

DEFENDANT FOLEY ELECTRICAL, INC'S JOINDER IN DEFEDENDANT TEMPORARY PLANT
CLEANERS, INC. F/K/A PLANT MAINTEN: ANCE, INC. OF CALIFORNIA'S NOTICE OF MOTION
‘AND MOTION TO DISMISS PLAINTIFFS’ CLAIMSDated: October 21, 2011 BISHOP | BARRY | DRATH

By: Wau Puorges? ZL, a

Mary Margaret Ryan
Attorneys for Defendant
FOLEY ELECTRIC. INC

WA Ww Fe WON

BISHOP ! BARRY | DRATR
7000 Powell STREET SurTe 1426
EMERVWILLE, CALFORNA 94508

Teceswone: (510) 596.0888 FACSIMILE: (510) 894-0899
-

2
‘DEFENDANT FOLEY SLECTRICAL, INC.'S JOINDER JN DEFEDENDANT TEMPORARY PLANT
i CLEANERS, INC. E/K/A PLANT MAINTENANCE, INC. OF CALIFORNIA'S NOTICE OF MOTION
AND MOTION TO DISMISS PLAINTIFFS’ CLAIMSBISHOP | GARRY 1 DRATH
2000 POWELL SIRGET Sums 1425
EMERYVILLE, CALIFORNIA 94508
TeLEPHONg: (S10) 599-0888 Facsitie: (510) 96-2899

Ross, Robert and Jean v. CC. Moore & Co. Engineers, et al.
San Francisco Superior Court Case No. CGC-10-275731

PROOF OF SERVICE BY LEXIS NEXIS

L the undersigned, certify that Lam employed in the County of Alameda, State of
California, that 1am over the age of eightecn years and not a party to the within action. My
business address is BISHOP | BARRY | DRATH, 2000 Powell Sireet, Suite 1425, Emeryville,
California 94608, My electronic address is mramirez@bishop-barry.com.

On the date below written I served the following document(s):
DEFENDANT FOLEY ELECTRICAL, INC.’S JOINDER IN DEFEDENDANT
TEMPORARY PLANT CLEANERS, INC. f/k/a PLANT MAINTENANCE, INC. OF
CALIFORNIA'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS’
by transmitting a true copy to:
¥** Al] Counsel on Lexis Nexis Service List***
in the following manner:

By uploading a tme copy(ies) thereof with service and/or notification pursuant to the
service list as maintained by the CourtLink eFile system:

(X} (By LEXIS/NEXIS File & Serve, tka CourtLink eFile)) I caused such document to be
electronically uploaded into the LexisNexis File & Serve system
(htipv/yww_lexisnexis.com/courtlink/) pursuant to Court Order on the date listed below.

I declare under penalty of perjury under the Jaws of the State of California that the

foregoing is true and correct to the best of my knowledge.

This declaration was executed on October 21, 2011, ot}

1
PROOF OF SERVICEEXHIBIT MDAVID T. BIDERMAN, State Bar No. 101577
dbiderman@perkinscoie.com

RICHARD S. CHON, State Bar No, 197541
Rehon@perkinscoie.com

PERKINS COIE LLP

Four Embarcadero, Suite 2400

San Francisco, California 94111

Telephone: (415) 344-7000

Facsimile: (415) 344-7288

Attorneys for Defendant
Genera! Mills, Inc.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO
ROBERT ROSS and JEAN ROSS, CASE NO, CGC-10-275731
Plaintiffs, ; DEFENDANT GENERAL MILLS,
INC.’S JOINDER IN DOMCO
vy. PRODUCTS TEXAS INC.’S
MOTION TO DISMISS
C.C. MOORE & COMPANY, et al, PLAINTIFFS’ CLATMS ARISING
FROM THE ALLEGED
Defendants. ASBESTOSIS, ASBESTOS-
RELATED PLEURAL DISEASE,

AND OTHER LUNG INJURIES

Date: November 15, 2011
Time: 9:30 a.m.

Dept: 503

Judge: Hon. Teri L, Jackson

Defendant General Mills, Inc. (“General Mills”) hereby joins and adopts, as if its own,
Defendant Domco Products Texas, Inc.’s (“Domco”) Notice of Motion and Motion to Dismiss
Plaintiffs’ Claims Arising from the Alleged Asbestosis, Asbestos-Related Pleural Disease and
Other Lung Injuries (“Motion”), and the related memorandum of points and authorities,
declarations, allachments and other supporting evidence thereto, aud all other evidence as may be
presented in reply to plaintiffs’ opposition and at the hearing on this matter, as if set forth fully
herein.
| This Joinder is made on the prounds that the arguments set forth in Defendant Domco’s

Mation apply equally to General Mills. The legal doctrine prohibiting splitting 2 cause of action,

raised in Domco’s moving papers, applies equally 10 General Mills to support dismissal of

1
GENERAL MILLS, INC.’S JOINDER TN DOMCO’S MOTION TO DISMISS
4577-0064/LEGAL21957145.1Ww

Bw

Plaintif%s’ claims for asbestosis, asbestos-related disease, and other lung injuries from Plaintiffs’

42010 Complaint.
DATED: October 18, 2011 PERKINS COTE LLP
By: /S/ Richard S. Chon
Richard S$, Chon
| Attorney for the Defendant
General Mills, Inc.

2

| GENERAL MILLS, INC.’S JOINDER IN DOMCO'S MOTION TO DISMISS
14577-0064/LEGAL21937 145.1Oo om NY AR HF BY

10

PROOF OF SERVICE
I, Susan Youngquist, am a tesident of the State of California, over the age of eighteen
years, and not a party to the within action. My business address is Perkins Coie LLP, Four
Embarcadero, Suite 2400, San Francisco, CA 94111. On October 18, 2011 I caused to be served
the following document(s):
Fee ea ee aera

THE ALLEGED ASBESTOSIS, ASHESTOS-RELATED PLEURAL DISEASE, AND
OTHER LUNG INJURIES

‘on all the interested parties in this action:

KX BY ELECTRONIC MAIL; | provided the document(s) listed above to the Lexis
Nexis website pursuant to their instructions on that website. If the document(s)
is/are provided to Verilaw electronically by 5:00 p.m., then the document will be
deemed served on the date that it was provided to Lexis Nexis.
I declare under penalty of perjury under the laws of the State of California and the United
States of America that the foregoing is true and correct and was executed in San Francisco,

California.

DATED: October 18, 2011

| 5

GENERAL MILLS, INC’’S JOTNDER IN DOMCO’S MOTION TO DISM:SS
14577-DOS4LEGAL2 1957145.1EXHIBIT Nnw Bw

Douglas G. Wah, Esq. SBN 64692
Thomas J. Tarkof, Esq. SBN 160994
Foley & Mansfield P.L.L.P.

300 Lakeside Drive, Suite 1900
Oakland, California 94612

Telephone No: (310) 590-9500
Facsimile No: (510) 590-9595

Email: tarkoffi@foleymansfield.com

Attomeys for Defendant
JOSEPH BRUNO SHEET METAL CO., INC.

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS, Case No. CGC-10-275731

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

Plaintiff,

VS.

C.C. MOORE & CO. ENGINEERS, et al.,

Defendants. Date: November 15, 2011
Time: 9:30 a.m.

Dept: 303

Judge: Hon, Teri L, Jackson

Ten er ete ee

TO PLAINTIFFS AND TO THEIR ATTORNEYS OF RECORD HEREIN:

Defendant JOSEPH BRUNO SHEET METAL CO., INC.’S hereby joins and adopts, as if its
own, 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, and the related memorandum of points and authorities, declarations, attachments and
other supporting evidence thereto, and all other evidence as may be presented in reply to Plaintifis”
opposition and at the hearing on this matter, as if set forth fully herein
fil
it?

t
DRFENDANT JOSEPH BRUNO SHEET METAL CO., INC'S JOINDER IN DEFENDANT DOMCD PRODUCTS TEXAS INC.'S NOTICE OF MOTION AND MOTION
‘TO DISMISS PLATNTINFS' CLAIMS ARISING FROM THE aLLSCED ASBESTOSIS, ASBESTO'-RELATED PLEURAL DISSASE, AND OTHER LUNG IMIURIES1 The Joinder is basod upon the law, facts, and arguments as advanced by Defendant DOMCO
2] PRODUCTS TEXAS INC. in their Motion papers and accompanying documents, as the arguments are
3 || equally applicable to JOSEPH BRUNO SHEET METAL CO., INC,

4 This Joinder is further made upon the complete files and record of this action, and upon any

5 }) further oral or documentary evidence that may be presented by Defendant at the hearing of this Motion.

27

28

Dated: October 18, 2011 FOLEY & MANSFIELD, PL.L.P.

THOMAS J.
Attorneys for Defendan:
JOSEPH BRUNO SHEET METAL CO., INC.

2
DEFENDAXT JOSEPH BRUNO SHEET J TAL CO, INC'S JOINDER IN DEFENDANT DOOD PRODUCTS TEXAS INC'S NOTICE OR MUTION AND MOTION
"fo DISKUS PLALY IIFFS' CLAIMS ARISING FROMTHE ALLEGED ASBESTOSIS, ASHENTOS-RELATEL PLEURAL DISEASE, AND OTHER LUNG (NIIRIESRobert Ross and Jean Ross vs, CC. Moore & Co. Engineers, et at
San Francisco County Superior Case No. CGC-10-275731
Our File No. 13356.0091

PROOF OF SERVICE BY ELECTRONIC TRANSMISSION

{, the undersigned, declare as follows:
Lam employed in the County of Alameda, California, and T am over the age of 18 years and not a
party to the within action. My business address is 300 Lakeside Drive, Suite 1900, Oakland, CA, 94612.
On the date executed below, I electronially served the documents(s) via LexisNexis File &
Serve described as:
¢ DEFENDANT JOSEPH BRUNO SURET METAL CO., INC’S JOINDER IN
DEFENDANT DOMCO PRODUCTS TEXAS INC.’S NOTICE OF MOTION AND
MOTION TO DISMISS PLAINTERFS’ CLAIMS ARISING FROM THE ALLEGED
ASBESTOSIS, ASBESTOS-RELATED PLEURAL DISEASE, AND OTHER LUNG
INJURTES
on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve website,
1 declare under penalty of perjury under the laws of the State of Califomia that the foregoing is

true and correct and that this declaration was executed on October 18, 2011, at Oakland, California.

1
PROOF OF SERVICE BY ELECTRONIC TRANSMISSIONEXHIBIT Oso oo a

DAVID M. GLASPY, Esq. SBN 95332
BRIAN S. O'MALLEY, Esq. SBN 111921
MCGIVNEY, KLUGER & GLASPY
One Walnut Creek Center

100 Pringle Avenue, Suite 750

Walnut Creek, CA 94596

Telephone: (925) 947-1300

Pacsimile; (925) 947-1594

Attomeys for Defendant
KENTILE FLOORS, INC.

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
ROBERT ROSS and JEAN ROSS, Case No, CGC-10-275731

Plaintiff, . DEFENDANT KENTILE FLOORS, INC'S
JOINDER TO DOMCO PRODUCTS
TEXAS, INC,'S MOTION TO DISMISS
PLAINTIFF'S CLAIMS ARISING FROM
THE ALLEGED ASBESTOSIS,

- ASBESTOS-RELATED PLEURAL
DISEASE, AND OTHER LUNG INJURIES

Date: November 15, 201]
Time: 9:30 a.m.

Judge: Hon. Teri L. Jackson
Department: 503

ae

vs.
C.C, MOORE & CO. ENGINEERS, et al.
Defendants.

ee ee ae a a a

TO ALL PARTIES AND TO THEIR ATTORNBYS OF RECORD:

" PLHASE TAKE NOTICE that Defendant, Kentile Floors, Inc. (hereinafter referred

ito as "Kentile" or "Defendant", hereby joins in Defendant, Domco Products Texas, Ine,'s

(“Domeco"} Notice of Motion and Motion to Dismiss Plaintiffs’ Claims Arising from the
Alleged Asbestosis, Asbestos-Related Pleural Disease and Other Lung Injuries ("Motion"),
and related memorandum of points and authorities, declarations, attachments and other
supporting evidence theréto, and all other evidence as may be presented in reply to
plaintiffs’ opposition and at the hearing on this matter, as if set forth fully herein. ,
This Joinder is made on the grounds that the arguments set forth in Defendant

Domco's Motion apply equally to Kentile. The legal doctrine prohibiting splitting a cause of

. -L-
DEFENDANT KENTILE FLOORS, INC.’S JOINDER TO DOMCO PRODUCTS TEXAS, INC'S
MOTION TO DISMISS PLAINTIFE'S CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS,

ASBESTOS-RELATED PLEURAL DISBASE, AND OTHER LUNG INJURIESaction, raised in Domeo's moving papers, applies equally to Kentile to support dismissal
Plaintiffs’ claims for asbestosis, acbestos-related disease, atid other lung injuries ftom
Plaintiff's 2010 Complaint. :

This Joinder is further made upon the complete files and zecord of this action, and

upon any further oral or documentary evidence that may be presented by Kentile at the

hearing of this motion.
Datéd: October 20, 2011 MCGIVNEY, KLUGER & GLASPY
rian S: O'Malley, Et
Attorney for Defendant
KENTILE FLOORS, INC.

De
DEFENDANT KENTILE FLOORS, INC’S JOINDER TO DOMCO PRODUCTS TEXAS, INC.’S
MOTION TO DISMISS PLAINTIFF'S CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS,
ASBESTOS-RELATED PLEURAL DISEASE, AND OTHER LUNG INJURIES ~PROOF OF SERVICE

I declare that: :

Tam employed in the County of Contra Costa, State of California. J ata over the age

of 18 years and not a party to the within action. My business address is One ‘Walnut Creek

Center, 100 Pringle Avenue, Suite 750, ‘Walnut Creek, Califomia 94596.

Gn the date tisted below, I served the following document(s):

« DEFENDANT KENTILE FLOORS, INC'S JOINDER TO DOMCO
PRODUCTS TEXAS, INC.'S MOTION TO DISMISS PLAINTIFF'S