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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BRYDON 1[uGo & PARKER 138 MAIN STREET 20! EcooR, San Franeisue, CA 94105 Edward R. Hugo, Esq. [Bar No. 124839] P.M. Bessette [Bar No. 127588] BRYDON HUGO & PARKER 135 Main Street, 20th Floor ELECTRONICALLY San Francisco, CA 94105 Telephone: (415) 808-0300 sapeky IL ED Facsimile: (415) 808-0333 County of San Francisco Attorneys for Defendant OCT 18 2011 SWINERTON BUILDERS Clerk of the Court BY: ANNIE PASCUAL Deputy Clerk 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 SWINERTON BUILDERS’ JOINDER IN DEFENDANT DOMCO C.C. MOORE & CO. ENGINEERS, et 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 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 HEREIN: Defendant SWINERTON BUILDERS 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. i DEFENDANT SWINERTON BUILDERS 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 INJURIESBRYDON Huo & PARKER 175 Mai STREET 20" Fen Sana Frascison, CA 94108 This Joinder is made on the grounds that the arguments set forth in Defendant Domco’s motion apply equally to SWINERTON BUILDERS. The only relevant factual distinction between moving defendant Domco and SWINTERTON BUILDERS is that SWINERTON BUILDERS was named as a defendant in Plaintiffs’ 2007 Complaint, but was dismissed without prejudice from that action. The legal doctrine prohibiting splitting a cause of action, raised in defendant Domco’s moving papers, applies equally to SWINERTON BUILDERS to support dismissal of Plaintiff's claims for asbestosis, asbestos-related pleural disease, and other lung injuties from Plaintiffs’ 2010 Complaint. Dated: October 18, 2011 BRYDON HUGO & PARKER By: /s/ P.M. Bessette Edward R. Hugo P.M. Bessette Attorneys for Defendant SWINERTON BUILDERS 2 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 INJURIESDe UV Dw 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ross, Robert & Jean San Francisco County Superior Court Case No. CGC-10-275731 LexisNexis Transaction No. 40423248 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, ¢ alifornia 94105. On the date below, | served the following: 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 on the following: BRAYTON “ PURCELL LLP Lexis Nexis Service List 222 Rush Landing Road Novato, CA 9494! 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. ec 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. I 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. I am aware that on motion 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 fees thereupon prepaid, in a facility regularly maintained by Federal Express, addressed as set forth above. J declare under penalty of perjury that the above is true and correct. Executed on October 18, 2011, at San Francisco, California. fobungas Josh Tabisaura 1