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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LAW OFFICES OF PRINDLE, AMARO, GOETZ, HILLYARD, BARNES & REINHOLTZ LLP PRINDLE, AMARO, GOETZ, ELECTRONICALLY HILLYARD, BARNES & REINHOLTZ LLP Mary K. Hillyard, Esq. (Bar No. 92202) F ILE D . Jennifer M, Ways, Esq. (Bar No. 152838) Seem Court of California, Grace V. Kosman, Esq. (Bar No. 257142) One California Street, Suite 1910 OCT 19 2011 San Francisco, California 94111 Clerk of the Court Telephone: (415) 788-8354 BY: WILLIAM TRUPEK Facsimile: (415) 788-3625 Deputy Clerk Attorneys for Defendant, J.W. McCLENAHAN COMPANY erroneously sued herein as J.W. McCLENAHAN COMPANY, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBERT ROSS AND JEAN ROSS, CASE NO. CGC-10-275731 Plaintiffs, DEFENDANT J.W. MeCLENAHAN COMPANY erroneously sued herein as J.W. McCLENAHAN COMPANY, INC.’S JOINDER TO DOMCO PRODUCTS TEXAS, INC’S MOTION TO DISMISS PLAINTIFF’S CLAIMS ARISING FROM THE ALLEGED ASBESTOSIS, ASBESTOS-RELATED Defendants PLEURAL DISEASE, AND OTHER LUNG INJURIES C.C. MOORE & COMPANY, et al. Date: November 15, 2011 Time: 9:30 a.m. Judge: Hon. Teri L. Jackson Dept.: 503 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Defendant, J.W. McCLENAHAN COMPANY erroneously sued herein as J.W. McCLENAHAN COMPANY, INC., (hereinafier referred to “J.W. McClenahan” or as “Defendant”), hereby joins in 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 related memorandum of points and 1 LW. McCLENAHAN COMPANY’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,LAW OFFIGES OF PRINDLE, AMARO, GOETZ, HILLYARD, BARNES & REINHOLTZ LLP Bw aD 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. This Joinder is made on the grounds that the arguments set forth in Defendant Domco’s Motion apply equally to JW. McClenahan. The legal doctrine prohibiting splitting a cause of action, raised in Domco’s moving papers, applies equally to J.W. McClenahan to support dismissal Plaintiffs’ claims for asbestosis, asbestos-related disease, and other lung injuries from Plaintiff's 2010 Complaint. This Joinder is further made upon the.complete files and record of this action, and upon, any further oral or documentary evidence hta tmay be presented by J.W. McClenahan at the hearing of this motion. PRINDLE, AMARO: GORTZ, HILLYARD, BARNES & REINHOLTZ LLP DATED: October /# 2011 By: y f AK noe GRACE. KOSMAN Attorneys for Defendant, J.W. McCLENAHAN COMPANY erroneously sued herein as J.W. McCLENAHAN COMPANY, INC. 2 LW. McCLENAHAN COMPANY’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 INJURIESLAW OFFICES oF PRINDLE, AMARO, GOETZ, HILLYARD, BARNES & REINHOLTZ LLP PROOF OF SERVICE BY ELECTRONIC TRANSMISSION I, the undersigned, declare: Iam employed in the County of San Francisco, State of California. I am over the age of 18 years and not a party to the within action. My business address is One California Street, Suite 1910, San Francisco, California 94111. On the date executed below, I electronically served the document(s) via Lexis Nexis File & Serve described as: DEFENDANT J.W. McCLENAHAN COMPANY erroncously sued herein as J.W. McCLENAHAN COMPANY, 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 on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve website. { declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct and was executed on October A > 2011 at San Francisco, California. PROOF OF SERVICE