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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So oO em HD Hh BW WH Eugene C. Blackard Jr. (Bar No, 142090) Cesar A. Alvarado (Bar No. 193973) Carlos R. Jimenez (Bar No. 233270) ARCHER NORRIS ELECTRONICALLY A Professional Law Corporation FILED 2033 North Main Street, Suite 800 Superior Court of California, Walnut Creek, California 94596-3759 County of San Francisco Telephone: 925.930.6600 Facsimile: 925.930.6620 JAN 28 2011 BY: RAYMOND K. WONG Attorneys for Defendant Deputy Clerk GRAYBAR ELECTRIC COMPANY, INC, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBERT ROSS and JEAN ROSS, ASBESTOS Case No, CGC-10-273731 Plaintiffs, GRAYBAR ELECTRIC COMPANY, v. INC.’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS’ C.C. MOORE & CO, ENGINEERS, et al., COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM — Defendant. ASBESTOS Hearing Date: March 3, 2011 Time: 9:30 a.m. Dept.: 220 Judge: Hon. Harold E. Kahn Filed: December 17, 2010 Trial Date: None Set TO ALL PARTIES AND THEIR COUNSEL OF RECORD HEREIN: PLEASE TAKE NOTICE that on March 3, 2011, at 9:30 a.m., or as soon thereafter as can be heard, in Department 220 of the San Francisco Superior Court, located at 400 McAllister Street, San Francisco, California, Defendant GRAYBAR ELECTRIC COMPANY, INC. (“Graybar”) will deraur to the Complaint For Personal Injury And Loss Of Consortium ~ Asbestos filed by Plaintiffs ROBERT ROSS and JEAN ROSS (“Plaintiffs”) in the above- captioned case. Ht RIC335/1083062-t NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM ~ ASBESTOSThe demurrer will be made pursuant to Code of Civil Procedure sections 430.10(e) and (f) and 430.30, and Rules of Court, Rule 3.1320, on the grounds set forth below. The demurrer will be based on this Notice and Demurrer, the attached Memorandum of Points and Authorities, all the documents, records and files of this action, and upon any other evidence and argument as may be permitted by the court at the time of hearing this matter. DEMURRER TO PLAINTIFFS’ COMPLAINT Graybar hereby dernurs to Plaintiffs Complaint For Personal Injury And Loss Of Consortium — Asbestos as follows: DEMURRER TO THE FIRST CAUSE OF ACTION [Negligence] 1, The first cause of action for Negligence fails to state facts sufficient to constitute a cause of action against Graybar pursuant to Code of Civil Procedure section 430.10(¢). DEMURRER TO THE SECOND CAUSE OF ACTION [Strict Liability} 2. The second cause of action for Strict Liability fails to state facts sufficient to constitute a cause of action against Graybar pursuant to Code of Civil Procedure section 430.10(e). DEMURRER TO THE THIRD CAUSE OF ACTION [False Representation] 3. The third cause of action for False Representation fails to state facts sufficient to constitute a cause of action against Graybar pursuant to Code of Civil Procedure section 430.10(e). DEMURRER TO THE FOURTH CAUSE OF ACTION [Loss of Consortium] 4, The fourth cause of action for Loss of Consortium fails to state facts sufficient to constitute a cause of action against Graybar pursuant to Code of Civil Procedure section 430,10(e). RIC335/1083062-1 2 FOR PERSONAL INJURY AND LOSS OF CONSORTIUM ~ ASBESTOS— SD 6 © QRH Hw FF BW He 0 Om ON DA A BE BY PN Bw MP BP NM RB wR LD oe YD DA we RF Yb Bw = Ss DEMURRER TO THE SIXTEENTH CAUSE OF ACTION [Concert of Action] 5. The sixteenth cause of action for Concert of Action fails to state facts sufficient to constitule a cause of action against Graybar pursuant to Code of Civil Procedure section # 430.10(e). DEMURRER TO THE SEVENTEENTH AND EIGHTEENTH CAUSES OF ACTION [Fraud, Deceit/Negligent Misrepresentation/Concealment] 6, The seventeenth and eighteenth causes of action for Fraud, Deceit/Negligent Misrepresentation/Concealment fail to state facts sufficient to constitute causes of action against Graybar pursuant to Code of Civil Procedure section 430.10(e). DEMURRER TO THE NINETEENTH CAUSE OF ACTION [Fraud/Deceit/Intentional Misrepresentation] 7. The nineteenth cause of action for Fraud/Deceit/Intentional Misrepresentation fails to state facts sufficient to constitute a cause of action against Graybar pursuant to Code of Civil Procedure section 430.10(e). DEMURRER. TO PLAINTIFFS’ CLAIM FOR PUNITIVE DAMAGES 8. Plaintiffs fail to state facts sufficient to constitute a claim for Punitive Damages against Graybar pursuant to Code of Civil Procedure section 430, 10(e), Dated: January &4 1x , 2011 ARCHER NORRIS x ’ Carlos R. J Attorneys GRAYBAR LECTRIC COMPANY, INC. RIC335/1083062-1 3 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM ~ ASBESTOSoc OD mW RD RR FB YH LR PROOF OF SERVICE Name of Action: Robert Ross and Jean Ross v. Asbestos Defendants (BP) Court and Action No: San Francisco Superior Court Action No. CGC-10-275731 I, the undersigned, declare that | am over the age of eighteen years and not a party to this action or proceeding. My business address is 2033 North Main Street, Suite 800, Walnut Creek, California 94596-3759, On this date, J caused the following document(s) to be served: GRAYBAR ELECTRIC COMPANY, INC.’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM — ASBESTOS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF CARLOS R. JIMENEZ; (PROPOSED) ORDER oO by placing a true copy of the document(s) listed above, enclosed in a sealed envelope, addressed as set forth below, for collection and mailing on the date and at the business address shown above following our ordinary business practices. I am readily familiar with this business’ practice for collection and processing of correspondence for mailing with the United States Postal Service. On the same day that a sealed envelope is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service with postage fully prepaid. oO by having a true copy of the document(s) listed above transmitted by facsimile to the person(s) at the facsimile number(s) set forth below before 5:00 p.m. The transmission was reported as complete without error by a report issued by the transmitting facsimile machine. oO by having personally delivered a true copy of the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set forth below. by having personal delivery by of a true copy of the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set forth below. Oo oO by placing a true copy of the document(s) listed above, in a box or other facility regularly maintained by , all express service carrier, or delivered to a courier or driver authorized by the express service carrier to receive documents, in an envelope designated by the express service carrier, with delivery fees paid or provided for, addressed as set forth below. gl lelectronically served the above referenced document(s) through LEXIS NEXIS, E- service in this action was completed on all parties listed on the service list with LEXIS NEXIS. This service complies with the court’s order in this case. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 28, 2011 at Walnut Creek, California, Tamara D. Slye-Jones RIC335/1083062-t 13 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURY AND LOSS OF CONSORTIUM -- ASBESTOS; MEMORANDUM OF POINTS AND AUTHORITIES