On May 20, 2009 a Motion,Ex Parte was filed involving a dispute between Juelch, Joyce, Juelch Sr, Norman, and 3M Company, 84 Lumber Company, 84 Lumber Company, A Limited Partnership, All Asbestos Defendants, Allis-Chalmers Corporation Product Liability Trust, Asbestos Defendants, Cbs Corporation, A Delaware Corporation, F K A, Chevron U.S.A. Inc., Consolidated Insulation, Inc., Csk Auto, Inc., Dillingham Construction N.A., Inc., Does 1-8500, Douglass Insulation Company, Inc., Garlock Sealing Technologies, Llc, General Electric Company, Genuine Parts Company, Hamilton Materials, Inc., J.T. Thorpe & Son, Inc., Kaiser Gypsum Company, Inc., Metalclad Insulation Corporation, Oscar E. Erickson, Inc., Pacific Gas And Electric Company, Pacipic Bell Telephone Company, Parker Hannifin Corporation, Quintec Industries, Inc., Redwood Plumbing Co., Inc., Santa Fe Braun, Inc., Sequoia Ventures Inc., Shell Oil Company, Thomas Dee Engineering Company, Timec Company, Inc., Tosco Refining Company, Inc., Union Carbide Corporation, Union Oil Company Of California, Unocal Corporation, for ASBESTOS in the District Court of San Francisco County.
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1 | MICHAEL T. MCCALL, State Bar No. 109580 IAN P. DILLON, State Bar No. 203612 2 | WALSWORTH, FRANKLIN, BEVINS & McCALL, LLP ELECTRONICALLY 601 Montgomery Street, Ninth Floor 3 || San Francisco, California 94111-2612 FILED Telephone: (415) 781-7072 Superior Court of California, 4||Facsimile: (415) 391-6258 County of San Francisco APR 01 2010 5 | Attorneys for Defendant Clerk of the Court HAMILTON MATERIALS, INC. BY: CHRISTLE ARRIOLA 6 Deputy Clerk 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 | JOYCE JUELCH and NORMAN JUELCH, SR., | Case No. CGC-09-275212 12 Plaintiffs, DEFENDANT HAMILTON MATERIALS, INC.'S MOTION IN 13 vs. LIMINE NO. 7 TO EXCLUDE EVIDENCE OR TESTIMONY OF 14 | ASBESTOS DEFENDANTS, INC., et al., CHARLES AY 15 Defendants. Trial Date: April 5, 2010 16 17 || TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 18 PLEASE TAKE NOTICE that Hamilton Materials, Inc. (“Defendant”) hereby moves the 19 | Court pursuant to Evidence Code sections 350 and 352 for an order excluding the testimony, 20 | asbestos samples, and videotapes relating to Defendant, drywall or drywall accessory products of 21 | Charles Ay, a Long Beach Naval Shipyard insulator, whom Plaintiff, Joyce Juelch’s (“Plaintiff”) 22 || counsel has designated as an "expert" at the trial and whom they may intend to call. 23 This motion is made on the grounds that Mr. Ay's testimony will have nothing to do with 24 j this case wherein Plaintiff alleges exposure to asbestos products at locations where Mr. Ay never 25 | worked, visited, or conducted asbestos-related studies. 26 lil 27 Ml 28 | Walsworth, Franklin, y . «l- McCue LLP DEFENDANT HAMILTON MATERIALS, INC.'S MOTION IN LIMINE NO. 7 TO EXCLUDE EVIDENCE OR. ATTORNEYS AT La TESTIMONY OF CHARLES AY 1 9979671 4 1155-$.2587,1 This motion is based upon this notice and the attached memorandum of points and 2 | authorities, upon all pleadings and documents filed in this matter, and upon any other oral and/or 3 || documentary evidence that may be presented at the hearing of this motion. 41\Dated: March 2, 2010 WALS WORTH, FRANKLIN, BEVINS & McCALL, LLP (4. QL 6 By: (ar MICHAEL T. McCALL 7 IAN P. DILLON Attorneys for Defendant 8 HAMILTON MATERIALS, INC. 9 10 il 2 3 4 5 6 7 18 9 “20 21 22 23 24 25 26 27 28 ‘rnin -2- Metal ie DEFENDANT HAMILTON MATERIALS, INC.'S MOTION IN LIMINE NO. 7 TO EXCLUDE EVIDENCE OR arroasexsar Law TESTIMONY OF CHARLES AY 897967,1 1155-5.2557Co em YD HW BR WN N Ye BY NHN NY NN Dm mee eee ee NDA BOW NHN SF BD © we IT DAH PB WY YH DO 28 Watsworth, Feaohlin, Bevins & McCall, LLP ATToMNEYE AT LON PROOF OF SERVICE Jam employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action. My business address is 601 Montgomery Street, Ninth Floor, San Francisco, California 94111-2612. On March 202010, I served the within document(s) described as: DEFENDANT HAMILTON MATERIALS, INC.'S MOTION IN LIMINE NO. 8 TO EXCLUDE EVIDENCE OR TESTIMONY OF CHARLES AY on the interested parties in this action as stated below: Brayton Purcell 222 Rush Landing Road P.O. Box 2109 Novato CA 94948 (BY ELECTRONIC FILING/SERVICE) I provided the document(s) listed above electronically to the LexisNexis File & Serve Website to the parties on the Service List maintained on the LexisNexis File & Serve Website for this case. If the document is provided to LexisNexis electronically by 5:00 p.m., then the document will be deemed served on the date that it was provided to LexisNexis. A copy of the "LexisNexis File & Serve Filing Receipt" page will be maintained with the original document(s) in our office. Executed on March?#© 2010, at San Francisco, California, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Cheryl Lieu (Type or print name} (Signature) 3- DEFENDANT HAMILTON MATERIALS, INC.'S MOTION IN LIMINE NO. 7 TO EXCLUDE EVIDENCE OR 'ESTIMONY OF CHARLES AY 897967.1 1153-5.2557