arrow left
arrow right
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview 
						
                                
Preview

                                Gordon & Rees LLP
101 West Broadway, Suite 2000
San Diego, CA 92101

ROGER M, MANSUKHANL, ESQ. (SBN 164463}
SHARI 1. WEINTRAUB, ESQ. (SBN 195250}

ANA R. HARTMAN, ESQ. (SBN 259399) ELECTRONICALLY

GORDON & REES LLP FILED

101 W. Broadway, Suite 2000 Superior C f Californ

San Diego, CA 92101 6 county of San Francisoo
elephone: (619 6700

Facsimile: (619) 696-7124 MAR 23 2012

Clerk of the Court
BY: VANESSA WU

Attorneys for Defendant Deputy Clerk

MARSHCO AUTO PARTS, INC,

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO
ROBERT ROSS and JEAN ROSS, CASE NO. CGC-10-275731
Plaintiffs, Complaint Filed: December 17, 2010
vs. DEFENDANT MARSHCO AUTO
PARTS, INC.’S JOINDER IN

OPPOSITION OF DEFENDANTS A.
TEICHERT & SON, INC., ROUNTREE
PLUMBING & HEATING, INC.,
SWINERTON BUILDERS, DOMCO
PRODUCTS TEXAS INC, and H&C
INVESTMENT ASSOCIATES, INC.’ TO
PLAINTIFFS’ MOTION TO
CONSOLIDATE ACTIONS AND
CONTINUE TRIAL DATE

C.C. MOORE & CO. ENGINEERS;
Defendants as Reflected on Exhibit | attached
to the Summary Complaint herein; and DOES
1-8500.

Defendants.

Date: April 2, 2012

Time: 9:30 a.m.

Dept.: 503

Judge: Hon. Teri L. Jackson

Trial Date: Not Yet Set

Net at tl Spe net! at! St! Ne Net Nt! St Sit ae Sa! tt ae

TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD:

Defendant MARSHCO AUTO PARTS, INC. (“Marshco”) hereby joins and adopts, as its
own, Defendants A. Teichert & Son, inc., Rountree Plumbing & Heating, Inc., Swinerton
Builders, Domco Products Texas Inc.’s, and H&C Investment Associates, Inc.’s (collectively
“Moving Party”) Opposition to Plaintiffs Robert and Jean Ross’ (collectively “Plaintiffs”)

Motion to Consolidate Actions and Continue the Trial Date and the related memorandum of

-Te
DEFENDANT MARSHCO AUTO PARTS, INC.’S JOINDER IN OPPOSITION OF DEFENDANTS
TO PLAINTIFFS’ MOTION TO CONSOLIDATE ACTIONS AND CONTINUE TRIAL DATE2

3

4

5

6

7

8

9

10

i

2 p
25S 14
823 16
Boy
18

19

20

2

2

23

24

25

26

7

28

ZRCAMA IIIB.

points and authorities, declarations, attachments and other supporting evidence thereto and all
other evidence as may be presented in at the hearing on this matter, as if fully set forth herein.

PLEASE TAKE FURTHER NOTICE that Marshco intends to proceed with the
Opposition as noticed if Moving Party withdraws its Notice or is no longer a party to this action
on the scheduled date.

This Joinder is made on the grounds that the arguments set forth in Moving Party’s
Opposition applies equally to Marshco. Additionally, Marshco advises this Court that it was not
named as a defendant in Robert Ross v. Asbestos Defendants (San Francisco County Superior
Court case number CGC-07-274099), Further, Plaintiffs voluntarily dismissed claims arising
from the May 2009 diagnosis of asbestosis and asbestos-related pleural disease as against
Marshco in November 2011 in exchange for Marshco’s withdrawal of a previously filed motion
to dismiss. Plaintiffs’ motion to consolidate is an attempt at an end-run around Code of Civil
Procedure section 583.310 (the “five-year” statute) in a case that Marshco is not, and never has
been, a party to; and the voluntary dismissal of the aforementioned claims against Marshco — and
should not, therefore, be sanctioned by this Court. The factual and legal arguments made in
Moving Party’s Oppositions apply equally to Marshco to support a denial of Plaintiffs’ further

motion to consolidate once-and-for-all.

Dated: March 2% 2012 GORDON & REES LLP

aay (
(Cfo 2

Rost ‘Satna

Shari I. Weintraub

Ana R, Hartman

Attorneys For Defendant

MARSHCO AUTO PARTS, INC.

By:

-2-
DEFENDANT MARSHCO AUTO PARTS, INC.’S JOINDER IN OPPOSITION OF DEFENDANTS
TO PLAINTIFFS’ MOTION TO CONSOLIDATE ACTIONS AND CONTINUE TRIAL DATE.ba

3
4
5
6
7
8
9
10
i
e 2
=
weg 13
yal 4
e
aes
Zge¢ is
giz
Eee 16
533
ze 9
=
18
9
20
21
22
23
24
25
26
27
28

ZREAMNODTIIGV 358358 1

PROOF OF SERVICE

Ross vy. C.C. Moore & Co, Engineers, et al.
San Francisco County Superior Court ~ Case No. CGC-10-275731

Lam a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is: Gordon & Rees LLP 101 W. Broadway, Suite
2000, San Diego, CA 92101. On March 23, 2012, I served the within documents:

DEFENDANT MARSHCO AUTO PARTS, INC.’S JOENDER IN OPPOSITION OF
DEFENDANTS A. TEICHERT & SON, INC., ROUNTREE PLUMBING & HEATING,
INC., SWINERTON BUILDERS, DOMCO PRODUCTS TEXAS INC. and H&C
INVESTMENT ASSOCIATES, INC, TO PLAINTIFFS’ MOTION TO CONSOLIDATE
ACTIONS AND CONTINUE TRIAL DATE

(X) BY ELECTRONIC SERVICE VIA LEXIS NEXIS FILE & SERVE. By sending
electronically a true and correct copy thereof to Lexis Nexis File & Serve
(www. lexisnexis.com/fileandserve) for service on all counsel of record by electronic
service pursuant to the Order Mandating Electronic Filing and Service of Asbestos
Pleadings and pursuant te CCP § 1010.6 and CRC 2060(c). The transmission was
reported as complete and without error.

I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.

Executed on March 23, 2012, at San Diego, California.

Y VV wea\

Monica Ruiz

PROOP OF SERVICE