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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eC Oe Wa KD HH mR BR NY RP Me YP RB NY N NN DY Be Re ee oe Re Be e 34 FA HW RF RN KF Ss BS we IN AH BH eH SBS S Jeffrey S. Gillespie, State Bar No. 192495 Walter C. Rundin, State Bar No. 072475 BURNHAM BROWN A Professional Law Corporation P.O. Box 119 Oakland, California 94604 1901 Harrison Street, 14th Floor Oakland, California 94612 Telephone: (510) 444-6800 Facsimile: (510) 835-6666 Attorneys for Defendant CALIFORNIA DRYWALL CO. ELECTRONICALLY FILED Superior Court of California, County of San Francisco FEB 21 2013 Clerk of the Court BY: ALISON AGBAY Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION ROBERT ROSS and JEAN ROSS, Plaintiffs, Vv. C.C. MOORE & CO. ENGINEERS; Defendants As Reflected on Exhibit 1 attached to the Summary Complaint herein; and DOES 1-8500, Defendants. No. CGC-10-275731 DECLARATION OF KENT BOWLES IN SUPPORT OF DEFENDANT CALIFORNIA DRYWALL CO.’S MOTION FOR SUMMARY ADJUDICATION Date: May 9, 2013 Time: 9:30 a.m. Dept. 503 Judge: Hon. Teri L. Jackson 3rd Amend Cmplt Filed: May 11, 2012 Trial Date: June 10, 2013 DECLARATION OF KENT BOWLES IN SUPPORT OF DEFENDANT No. CGC-10-275731 CALIFORNIA DRYWALL CO.’S MOTION FOR SUMMARY ADJUDICATIONaD uN BR WwW Ww I, KENT BOWLES, do hereby declare: 1. Tam a former employee and now co-owner of Defendant California Drywall Company, Inc. (“California Drywall”) which is and has always been a drywall contractor installing drywall since its incorporation in 1953. I have been employed by California Drywall for over 40 years from 1970 to the present. When I first started working for California Drywall I was a laborer and remained in that position until 1975. From 1975 to now, I have held the titles of apprentice and journeyman drywall hanger, foreman, superintendent, estimator, president and vice president, and I did hands on work at many jobsites, including supervision of California Drywall’s work. I currently hold the position of Vice President. From my 40-plus years of employment at California Drywall, I have a thorough knowledge and memory of the jobsites where California Drywall performed work as well as its day-to-day operations. 2. California Drywall has never manufactured drywall or drywall accessory products like tape, joint compound, topping compound and texture materials. 3. California Drywall has never supplied or distributed drywall products to the public or other drywall installers, as it is not a retailer of these products. During my 40-plus years with California Drywall, it never had a store, showroom or other space where members of the public can purchase drywall materials. Instead, California Drywall employces used the drywall products of several manufacturers in the course of providing its drywall installation services, and, in accordance with specifications set forth by others. The drywall products it used in the course of its installation services were historically purchased from a local supply house. 4, At least until 1999, California Drywall did not have any company trucks or other vehicles with any signs or lettering on exterior of the doors or anywhere else on its trucks or vehicles that stated “California Drywall.” Nor did California Drywall have company hardhats, toolboxes or ladders that were labeled or otherwise identified California Drywall. i u i it 1 DECLARATION OF KENT BOWLES IN SUPPORT OF DEFENDANT No. CGC-10-275731 CALIFORNIA DRYWALL CO.’S MOTION FOR SUMMARY ADJUDICATIONSe Oe WR OR we SM NB ND eek mk mk eit oe FT A Ww BF BW NH = S © 8B WV KH wW RB WY NM me 5. While 1 was employed by or as co-owner of California Drywall prior to 1999, the company did not perform work anywhere in Southern California. T declare under penalty of perjury under the laws of the State of California that the foregoing is true-and correct and that this Declaration was executed on February 1%, 2013, at a a oo a “f, é a Na, San Jose, California: KENT BOWLES 1163250 A818-0166-2226, v. 1 2 DECLARATION OF KENT BOWLES IN SUPPORT OF DEFENDANT No. CGC-10-275731 CALIFORNIA DRYWALL CO.’S MOTION FOR SUMMARY ADJUDICATION