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 COOLEY MANION JONES HAkE KuROWSKI LLP William M. Hake, Esq. (State Bar No. 110956) Joanna L. Drozd, Esq. (State Bar No.253707) COOLEY MANION JONES HAKE KUROWSKI LLP ELECTRONICALLY 201 Spear Street, Suite 1800 FILED San Francisco, CA 94105 Superior Court of California, Tel: (415) 512-4381 County of San Francisco Fax: (415) 512-6791 FEB 03 2011 Clerk of the Court Attorneys for Defendant COLLINS ELECTRICAL COMPANY, INC. eee Ti puly Clerk 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 Plaintiffs, COLLINS ELECTRICAL COMPANY, INC.’S NOTICE OF MOTION AND v. MOTION TO STRIKE PORTIONS OF PLAINTIFFS’ COMPLAINT ASBESTOS DEFENDANTS (BP), Defendants. Hearing Date: March 3, 2011 Time: 9:30 a.m. Dept.: 220 Complaint Filed: December 17, 2010 Trial Date: TBD TO PLAINTIFF AND TO HIS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on March 3, 2011 at 9:30 a.m. or as soon thereafter as counsel may be heard in Department 220 of the above-entitled court, located at 400 McAllister Street in San Francisco, California, Defendant Collins Electrical Company, Inc. (“Collins”) will, and hereby does, move to strike portions of the complaint (“Complaint”) filed by Plaintiffs Robert Ross and Jean Ross (“Plaintiffs”), and by reference, the Brayton Purcell Master Complaint for Personal Injury [and Loss of Consortium] - Asbestos (“Master Complaint”) in the above-entitled action pursuant to California Code of Civil Procedure sections 436 and 437(a). “i -l- COLLINS ELECTRICAL COMPANY, INC.’S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS” COMPLAINTLaw OFFICES OF COOLEY MANION JONES HaKE Kurowski LLP Collins requests that the court strike the following portion of the Complaint: “... and with asbestosis and asbestos-related pleural disease on or about May 2009.” (Complaint, 41:5- 6.) Collins requests that the court strike the following portions of the Master Complaint, incorporated by reference to the Complaint: 1. The cause of action for Negligence in the Master Complaint at pp. 2:14-72:15, incorporated herein by reference, as it relates to Plaintiffs’ allegations that Collins’s negligence caused Mr. Ross’ asbestosis and pleural disease. 2. The cause of action for Products Liability in the Master Complaint at pp. 72:16- 78:20, incorporated herein by reference, as it relates to Plaintiffs’ allegations regarding Mr. Ross’ asbestosis and pleural disease. 3. The cause of action for Loss of Consortium in the Master Complaint at pp. 80:3- 81:2, incorporated herein by reference, as it relates to Plaintiffs’ allegations regarding Mr. Ross’ asbestosis and pleural disease. 4. The cause of action for Premises Owner/Contractor Liability in the Master Complaint at pp. 81:3-101:20, incorporated herein by reference, as it relates to Plaintiffs’ claims related to Mr. Ross’ asbestosis and pleural disease. This Motion to Strike is based upon the grounds that these paragraphs of the Complaint and Master Complaint contain allegations which are not drawn in conformity with the laws of this state. Thus, the allegations in the Complaint and Master Complaint are improper and should be stricken. Ut Mf Mt it Mt fit it -2- COLLINS ELECTRICAL COMPANY, INC.’S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS” COMPLAINTLaw OFFICES OF COOLEY MANION JONES HAKE KuROWSKI LLP coco UD me ID A This Motion to Strike is based on this Notice of Motion; the accompanying Memorandum of Points and Authorities; the accompanying Declaration of Joanna L. Drozd, Request for Judicial Notice and documents attached thereto; as well as the records and files of this case, the matters of which the Court takes judicial notice, any matter on which the Court takes judicial notice, and the oral arguments, if any, presented at the hearing. A proposed order has been provided. Respectfully Submitted, Dated: February 2, 2011 COOLEY MANION JONES HAKE KUROWSKI LLP By? ina L.. Drozd, Esq? ‘ ymeys for Defendant LINS ELECTRICAL MPANY, INC. -3- COLLINS ELECTRICAL COMPANY, INC.’S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS’ COMPLAINT