On December 17, 2010 a Summons 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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BRAYTON@PURCELL LLP ATTORNEYS AT LAW 222 RUSH LANDING ROAD POBOX 6169 NOVATO, CALIFORNIA 94948-6169 (415) 898-1555 NN RN ND Nek eo YW HR SON = SO we NI DHA & WN = Oo Hw WD MH RB WN | DAVID R. DONADIO, ESQ., 8.B, #154436 | NANCY T. WILLIAMS, ESO., $.B. #201095 ELECTRONICALLY FILED Superior Court of California, Novato, Calif 94948-6169 County of San Francisco jovato, California 415) 898-1555 MAR 08 2011 entative Ruling Contest Email: contestasbestosTR@braytonlaw.com Clerk of the Court BY: JUDITH NUNEZ BRAYTON&PURCELL LLP Attorneys at Law 222 Rush Landing Road P.O. Box 6169 | Attorneys for Plaintiffs ~ Deputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, ASBESTOS . . No. CGC-10-275731 Plaintiffs, . EX PARTE APPLICATION FOR ORDER vs. DIRECTING SERVICE OF SUMMONS ON DEFENDANT MARINE C.C. MOORE & CO. ENGINEERS; ENGINEERING AND SUPPLY Defendants as Reflected on Exhibit 1 . COMPANY, BY DELIVERY OF - attached to the Summary Complaint PROCESS TO SECRETARY OF STATE herein; and DOES 1-8500. CCP. § 416.20(b); Corp. Code § 201 1b); Koaner bom Coe §33 5] 8 Date: March 9, 2011 Time: 11:00 am. Dept.: 220, Hon. Harold E. Kahn Trial Date: N/A Filing Date: December 17, 2010 ea! eee Application is hereby made for an Order directing that process in the above-entitled action be served on defendant MARINE ENGINEERING AND SUPPLY COMPANY, (hereafter "defendant"), a dissolved corporation, by personally delivering to the California Seeretary of State, or to an assistant or deputy Secretary of State, two copies of the Brayton%Purcell LLP Master Complaint, together with two-copies of the Order herein requested. if T MARINE ENGINEERING AND SUPPLY COMPANY, BY DELVERY OF PRoeEss TO SECRETARY OF STATECoe mw NR KN OH FH YE Co DA wm FF wD BK VeoN hb NM wy ww w wy eSrynnetr ON OS L LEGAL ARGUMENT C.C.P. § 416.20 states that a summons may be served on a corporation which has forfeited its charter to do business or has been dissolved. C.C.P. § 416.20(b), by reference to Corp. Code § 2011, provides that service may be made upon a dissolved corporation by personal delivery to the Secretary of State or to an assistant or deputy Secretary of State of the Summons, Complaint and the Order. Under C.C.P. § 416.20(b) and Corp. Code § 2011(b), this Court may order that Summons or other process be served upon defendant by personally delivering a copy thereof, together with acopy of the Order, to the Secretary of State or an assistant or deputy Secretary of State. Corp. Code § 2011 became effective January 1, 1977. This Court may still order that © service upon defendant be made by personally delivering a copy thereof to the Secretary of State pursuant to the former Corp. Code § 3305, A true and correct copy of the text of former Corp. Code § 3305 is attached to the accompanying request for judicial notice. Former Corp. Code § 3305 states in relevant part: Summons or other process against a corporation dissolved on or after August 14, 1929, may be served by delivering a copy thereof to an officer, director, or other person having charge of its assets, or if no such person can be found, to any agent upon whom process might be served at the time of dissolution. [f none of such Persons ean be found with due diligence and it is shown to the satisfaction of the court or judge, then the court or judge may make an order that summons or other process be served upon the dissolved corporation by delivering a copy thereof, together with a copy of the order, to the Secretary of State or to an assistant or deputy secretary of state, Under Corp. Code § 2011 and former Corp. Code § 3305 service of summons by delivery of process to the Secretary of State is proper where no person having charge of the assets of a dissolved corporation is found in the exercise of due diligence. As set forth in the accompanying declaration of Montie Derby, filed herewith, all persons having charge of such assets are Mt Mit Wt K NInjured\9549\g\APP-XPT-SRV-CASOS-MARENG 2 EX PARTE APPLICATION FOR ‘ORDER DIRECTING SERVICE OF SUMMONS 9 N DEFENDANT MARINE EXE ARR Ne aS SUPPLY COMPANY, BY DELIVERY OF PROCESS TO SECRETARY OF STATEnow deceased, and plaintiffs have not been able to locate any such other person in the exercise of due diligence. (See Declaration of Montie Derby, filed herewith.) Dated: z alt BRAYTON*PURCELL LLP By: fancy T. Williams Attorneys for Plaintiffs KAbjuredhi934 #-XPT-SRV-CASOS-MARENG, 3 EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF SUMMONS ON DEFEN| Dat MARINE ENGINEERING AND SUPPLY COMPANY, BY DELIVERY OF PROCESS TO SECRETARY OF S'