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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28 ‘Walsworth, Franklin, Bevin & ‘MeCall, LLP ATTORNEYS AT LAW ROBERT M. CHANNEL, State Bar No. 109273 IAN P. DILLON, State Bar No. 203612 WALSWORTH, FRANKLIN, BEVINS & MeCALL, LLP ELECTRONICALLY 601 Montgomery Street, Ninth Floor FILED San ER aay Se TOT 11-2612 Superior Court of California, Telephone: 15) 781- la, Facsimile: (415) 391-6258 County of San Francisco APR 01 2010 Attorneys for Defendant Clerk of the Court HAMILTON MATERIALS, INC. BY: CHRISTLE ARRIOLA > Deputy Clerk | SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO JOYCE JUELCH AND NORMAN JUELCH, Case No. CGC-09-275212 ° DEFENDANT HAMILTON Plaintiffs, MATERIALS, INC.'S MOTION IN LIMINE #2 TO EXCLUDE WITNESSES vs. FROM THE COURTROOM EXCEPT FOR EXPERTS ASBESTOS DEFENDANTS, et al., Trial Date: April 5, 2010 Defendants. Defendant, HAMILTON MATERIALS, INC. (“Defendant”) moves this Court in limine before trial and selection of the jury to exclude all witnesses from the courtroom except experts. The moving Defendant specifically requests the Court to allow experts to be present in the courtroom to listen to testimony of experts in their field or testimony of fact witnesses relevant to a | basis for their opinion. This motion is based on the grounds that the Court, in the exercise of its discretion, may exclude from the courtroom any witnesses that such witnesses cannot hear the testimony of other witnesses. (See Ev. C. § 777; Pacific v. Duare (1942) 21 Cal.2d 71.) -l- DEFENDANT HAMILTON MATERIALS, INC'S MOTION IN LIMINE #2 TO EXCLUDE WITNESSES FROM THE COURTROOM EXCEPT FOR EXPERTS 897397.1 1155-5.2557Oo 6 WH HA BRB WwW NY NR NY NR ND NN RD Rm ae i ae SA MWA FF BW NH KF Ge we IA DHA BW HY = S 28 ‘McCall, LLP ATTORNEYSATLAW Defendant will alert the Court and opposing counsel as to the identity of any expert witness in the courtroom and the reason for their presence before the expert hears any testimony or proceedings. Dated: March _ 3O) ; 2010 ©WALSWORTH, FRANKLIN, BEVINS & McCALL, LLP | » Ce. ON ROBERT M. CHANNEL IAN P. DILLON Attorneys for Defendant HAMILTON MATERIALS, INC. -2- DEFENDANT HAMILTON MATERIALS, INC.'S MOTION IN LIMINE #2 TO EXCLUDE WITNESSES so73971 FROM THE COURTROOM EXCEPT FOR EXPERTS 1155-5.25571 PROOF OF SERVICE 2 3 lam employed in the County of San Francisco, State of California. J am over the age of 18 and not a party to the within action. My business address is 601 Montgomery Street, Ninth Floor, 4 || San Francisco, California 94111-2612. 5 On March, 7910, I served the within document(s) described as: 6 DEFENDANT HAMILTON MATERIALS, INC.'S MOTION IN LIMINE #2 TO EXCLUDE WITNESSES FROM THE COURTROOM EXCEPT FOR EXPERTS 7 | on the interested parties in this action as stated below: 8 Brayton Purcell 9 222 Rush Landing Road P.O. Box 2109 10 Novato CA 94948 11} [X] (@Y ELECTRONIC FILING/SERVICE) On the below date, I caused such document(s) to be Electronically Filed and/or Served through the LexisNexis File & Serve System for the 12 above entitled case to those parties on the Service List maintained on LexisNexis File & Serve Website for this case. This service reported as complete and a copy of the 13 "LexisNexis File & serve Filing Receipt" page will be maintained with the original document(s) in our office. 14 Executed on March 4%, 2010, at San Francisco, California. 15 I declare under penalty of perjury under the laws of the State of California that the 16 || foregoing is true and correct. 17 Cheryl Liew \ 18 (Type or print name) (Signature) 19 20 | 21 22 | 23 24 25 26 27 28 Watsworth, Franklin, Bevins & ‘McCall, LLP. ATTORNEYS AT LAW 3+ DEFENDANT HAMILTON MATERIALS, INC.'S MOTION IN LIMINE #2 TO EXCLUDE WITNESSES FROM THE COURTROOM EXCEPT FOR EXPERTS 8973971 1155-52557