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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CO sw A WH & ww bh 222 RUSH LANDING ROAD PO BOX 6169 NOVATO, CALIFORNIA 94948-6169 (415) 898-1555, ATTORNEYS ATLAW BRAYTON@PURCELL LLP DAVID R. DONADIO, ESQ., S.B. #154436 NANCY T. WILLIAMS, ESQ., S.B. #201095 BRAYTON*PURCELL LLP Attorneys at Law 222 Rush Landing Road P. O. Box 6169 Novato, California 94948-6169 (415) 898-1555 Attomeys for Plaintiffs SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBERT ROSS, Plaintiff, vs. ASBESTOS DEFENDANTS (BP) ROBERT ROSS and JEAN ROSS, Plaintiffs, vs. C.C. MOORE & CO. ENGINEERS; Defendants as Reflected on Exhibit 1 attached to the Summary Complaint herein; and DOES 18500. Na le tee NN et ii “i “if Kiting ACTIONS FOR ALL PURPOSES INCLUDING TRIAL 1 MEMORANDUM OF POINTS AND AUTHORITIES EN SUPPORT OF PLAINTIFFS" MOTION FOR ORDER CONSOLIDATING ELECTRONICALLY FILED Superior Court of California, County of San Francisco OCT 13 2011 Clerk of the Court BY: WILLIAM TRUPEK Deputy Clerk ASBESTOS No. CGC-07-274099 No, CGC-10-275731 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION FOR ORDER CONSOLIDATING ACTIONS FOR ALL PURPOSES INCLUDING TRIAL (C.CP. § 377, 1048(a)] Date: November 10, 2011 Time: 9:30 a.m. Dept.: 503, Hon. Teri L. Jackson Dates of Filing: No. CGC-07-274099- March 5, 2007 qaal Setting Conference Date: October 20, No. CGC-16-275731 - December 17, 2010 Trial Setting Conference Date: Dec. 15, NTW0 Oo DN DH A BF WN | yn YY YP NY NR NY YP es Se RF Se et eOaank ORFS Ge RDA AOE GBR AS L STATEMENT OF FACTS In May, 2006, plaintiff ROBERT ROSS was diagnosed with asbestos-related pleural disease. On March 5, 2007, Mr. ROSS filed an asbestos-related personal injury Action (No. CGC-07-274099) seeking damages resulting from his occupational exposure to asbestos and asbestos-containing products. This matter is scheduled to receive a trial date on October 20, 2010. In October, 2010, ROBERT ROSS was diagnosed with colon cancer. On December 17, 2010, ROBERT ROSS and JEAN ROSS filed a second personal injury action for damages suffered due to Mr. ROSS’ cancer diagnosis (No. CGC-10-275731). This matter is scheduled to receive a trial date on December 15, 2010. On December 14, 2016, all defendants in the initial personal injury action, CGC-07- 274099, were provided with amended standard interrogatory responses notifying them that Mr. ROSS had been diagnosed with colon cancer. At that time, the defendants in the initial action, CGC-07-274099, were also offered all medical records in plaintiffs’ possession. The depositions of plaintiffs have been completed. Both of these actions are ready to be set for trial on Ocrober 20, 2010. I. ARGUMENT Both personal injury actions involve common questions of law and fact, including product identification, medical causation, applicability of various tests of product defect, and availability of various defenses. California Code of Civil Procedure § 1048(a) provides: When actions involving a common question of law or fact are pending before the court, it may order a joint hearing with any or all the matters in issue in the action; it may order all the actions consolidated and it may make such orders ememins proceedings therein as may tend to avoid unnecessary costs or It is well settled that consolidation for the purpose of trial of related issues is appropriate. McClure v. Donovan (1949) 33 Cal.2d 717, 722. Where pending actions are Katnjoredt i 2 MEMORANDUM OF POINTS: AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION FOR ORDER CONSOLIDATING ACTIONS FOR ALL PURPOSES INCLUDING TRIALeo ome I DH AW BF WN ND Se ee ese Be ee Be Be ~ S60 MQ Dh BF WN | GO yoN ty BRR ERB consolidated for the purpose of trial of related issues, evidence presented in one case is deemed applicable to the other cases so far as it is relevant. Id. In addition, there is ample authority for the proposition that consolidation is proper even though the parties in the consolidated actions are not identical. See, e.g., Judd Whitehead Heater Co. v. Obler (1952) 111 Cal.App.2d 861. Consolidation is also warranted to avoid duplication of time and effort in the trial of related issues. Neubrand vy. Superior Court (1970) 9 Cal.App.3d 311, 322-323. Furthermore, "a consolidation of actions does not affect the right of the parties. The purpose of the consolidation is merely to promote trial convenience and economy by avoiding duplication of procedure, particularly in the proof of issues common to both actions." Wouldridge v. Bums (1968) 265 Cal.App.2d 82, 86. Both of the above-captioned actions pending before this Court arise from asbestos- related injuries suffered by plaintiff ROBERT ROSS. The factual basis underlying these cases is virtually identical, involving common witnesses, medical evidence and testimony. The cases also share many common issues of law such as the applicability of various tests of product defect and the availability of various defenses. Therefore, under C.C.P. §§ 377.62(b) and 1048, this Court should consolidate these actions for all purposes including trial in order to avoid the unnecessary cost and delay involved in duplicating evidence and presenting two cases on substantially similar issues. Plaintiffs request the court order the consolidated actions to have the trial date assigned to Action No. CGC-07-274099 set to receive a trial date at the October 20, 2011 Trial Setting/Case Management Conference. CONCLUSION For the foregoing reasons, plaintiffs respectfully request that plaintiffs’ Motion to Consolidate Action No. CGC-07-274099 and Action No. CGC-10-275731 be granted. Dated: October 13, 2011 Respectfully submitted, ; NancyT. Wiliams ——t—‘i‘a‘sétésO~™ Attorneys for Plaintiffs KAdsuret93 php consoteatewpd MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION FOR ORDER CONSOLIDATING: ACTIONS FOR ALL PURPOSES INCLUDING TRIAL