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NELSON C. BARRY, [SBN 23933]
MARY MARGARET RYAN, [SBN 127828]
JOHN A. BURKE, [SBN 148385] —
BISHOP | BARRY | DRATH
2000 Powell Street, Suite 1425
Emeryville, California 94608
Telephone: (510) 596-0888
Facsimile: (510) 596-0899
Attorneys for Defendant
REDWOOD PLUMBING CO., INC.
ELECTRONICALLY
FILED’
Superior Court of California,
County of San Francisco
MAR 04 2010
Clerk of the Court
BY: VANESSA WU
Deputy Clerk
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO (UNLIMITED JURISDICTION)
JOYCE JUELCH and
NORMAN JUELCH, SR.,
Plaintiffs,
vs.
ASBESTOS DEFENDANTS (B*P) As
Reflected on Exhibits B, B-1, C; and DOES
1-8500, et al.,
Defendants.
Case No. CGC-09-275212
REDWOOD PLUMBING CO., INC.’S
STATEMENT OF UNDISPUTED
MATERIAL FACTS IN SUPPORT OF ITS
MOTION FOR SUMMARY JUDGMENT OR,
ALTERNATIVELY, SUMMARY
ADJUDICATION OF ISSUES
Date: March 18, 2010
Time: 9:30 a.m.
Dept.: 220
Honorable: Harold E. Kahn
Trial date: April 5, 2010
Complaint Filed: May 20, 2009
COMES NOW DEFENDANT, REDWOOD PLUMBING CO., INC. (““REDWOOD”),
pursuant to Code of Civil Procedure § 437c (b) (1), and submits the following Separate Statement
of Undisputed Material Fact in Support of its Motion for Summary Judgment or, alternatively,
Summary Adjudication.
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REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP | BARRY | DRATH
2000 Powei. Streer Sure (425
Tew. No. 1$10) §960666
Fax No. (510) 8860699.
Emenyviiie, Cauroantn 24606
oO oO me YD WH BB WY me
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16
Issue No. 1: REDWOOD PLUMBING CO., INC. IS ENTITLED TO SUMMARY
JUDGMENT BECAUSE PLAINTIFFS CANNOT PROVE CAUSATION,
AN ESSIENTIAL ELEMENT OF EACH OF THEIR CLAIMS
UNDISPUTED MATERIAL FACT AND
SUPPORTING EVIDENCE
1, Plaintiff JOYCE JUELCH is 63 years old
(DOB September 18, 1946).
Supporting Evidence: Plaintiff Joyce Juelch’s
Responses to Standard Asbestos Case
Interrogatories, Set One, page 1, a true and
correct copy of which is attached as
Exhibit A to the Appendix of Exhibits in
Support of Motion for Summary Judgment,
filed herewith, (APPENDIX)
PLAINTIFFS’ RESPONSE AND
SUPPORTING EVIDENCE
2. JOYCE JUELCH has been married to
NORMAN JUELCH since Feb. 14, 1981.
Supporting Evidence: Plaintiff Joyce Juelch’s
Responses to Standard Asbestos Case
interrogatories, Set One, page 2, 1, true and
correct copies of which are attached as
Exhibit A to the APPENDIX filed herewith.
3. JOYCE JUELCH claims that she has been
diagnosed with lung cancer.
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 11:14 — 12:2, a true and
correct excerpt of which is attached as Exhibit
B te the APPENDIX filed herewith.
4, JOYCE IUELCH was employed as an
insulator from 1982 to 1992.
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 27:15-28:2, 94:19-23,
a true and correct excerpt of which is attached
as Exhibit B to the APPENDIX filed herewith.
5. NORMAN JUELCH was employed as an
insulator when he met and married JOYCE
JUELCH in 1981,
2
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA,sishop [BARRY [DRATH: _
2000 Powe. Street Sure 425
Emcrwite, Cauirorwia 24608
1
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 26:18-20, a true and
correct excerpt of which is attached as Exhibit
B to APPENDIX
6. NORMAN JUELCH retired as an insulator
in1989.
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 94:1-4, a true and
correct excerpt of which is attached as Exhibit
B to the APPENDIX filed herewith.
DO co “sb DH W B&B &B NHN
19 |, 7. On October 31, 2006, NORMAN JUELCH
filed a Complaint for Personal Injury —
11 |} Asbestos in this Court (Case No. CGC-06-
457464).
Supporting Evidence: REDWOOD
Tet. No. (510) 596-0686
@}3 || PLUMBING CO. INC. requests that the Court
3 14 take Judicial Notice of this pending action.
a
3 15 || 8. REDWOOD PLUMBING CO. INC. has
8 been licensed (No. 53431) by the California
8 16 |] State License Board since 1938. The company
holds general engineering, general building,
a7 : °
and plumbing contractor licenses, among
1g || others.
19 || Supporting Evidence: REDWOOD :
PLUMBING CO. INC. requests that the Court :
20 || take Judicial Notice of the records of the :
California Contractors State License Board
(BOARD”). A truc and correct copy of the
22 || current information published on the
BOARD’S website regarding REDWOOD
23 || PLUMBING CO. INC.’S license is attached as
Exhibit C to the APPENDIX filed herewith.
9. JOYCE JUELCH claims in written
discovery that in 1984, NORMAN JUELCH
26 || “observed” REDWOOD PLUMBING CO.
INC. employees at Sequoia Hospital “removing
27 || asbestos-containing pipe-covering and
insulated piping which created large amounts of
28 || visible dust, which {he} reported to Local No.
3
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA.BISHOP [BARRY [DRATH
2000 Powet. Srever Sure 1425.
TEL. No. (510) 586-0685
Fax No. (B1Or B9E0699
Emami, Carona 24608
oe
DO CO sD A WU fF Wo oN
10
16 Business Agent Ed Story, deceased.”
Supporting Evidence: (1) Plaintiff Joyce
Juelch’s Responses to Standard Asbestos Case
Interrogatories, Set One, page 21, a true and
correct copy of which is attached as
Exhibit A to the APPENDIX; and (2) Plaintiff
Joyce Juelch’s Responses to Standard Asbestos
Case Interrogatories, Set Two, page 47-48, a
true and correct copy of which is attached as
Exhibit D to the APPENDIX filed herewith.
10. Sequoia Hospital is the enly site where
IGYCE JUELCH is claiming exposure against
REDWOOD PLUMBING CO. INC., albeit
para-cccupationally through her husband. .
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatories to
Plaintiff Joyce Juelch, Set One, a true and
correct copy of which is attached as
Exhibit E to the APPENDIX; and (2) Plaintiff
Joyce Jueich’s Responses to Redwood
Plumbing Co., Inc.’s Special Inferrogatories, a
true and correct copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
11. JOYCE JUELCH never worked at a site
where REDWOOD PLUMBING Co., INC.
was present.
Supporting Evidence: Plaintiff Joyce Juelch’s
November 19, 2009, Deposition Testimony,
736:22-737:3, a true and correct excerpt of
which is attached as Exhibit G to the
APPENDIX filed herewith.
12. JOYCE JUELCH knows REDWOOD
PLUMBING CO. INC. only as a company
around which her husband claims to have
worked as an insulator.
Supporting Evidence. Plaintiff Joyce Juelch’s
November 19, 2009, Deposition Testimony,
736:22-737:7, a true and correct excerpt of
which is attached as Exhibit G to the
APPENDIX filed herewith.
REDWOOD PLUMBING CO,, INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP | BARRY | DRATH.
2000 Powel Stree Slire 1425
Emerrviice, Cairornin, 84606
Ter, No, (610) S9EO88G
Fax. No. (510) 586-0089
_
oe ND HW B&B WN
13
13. Norman Juelch testified, in his own pending
action, that REDWOOD PLUMBING CO.,
INC. had completed the alleged cutting and
removal of asbestos pipe insulation at Sequoia
Hospital before he arrived at the site. His
testimony on this point is as follows:
Q.
Can you identify any of the
pipefitters who were doing
removal at this site?
There was only one and it was
from Redwood Plumbing?
This was a pipefitter?
One pipefitter at the time from
Redwood Plumbing.
Now when you first arrived at
this site, did you see any old
pipe and insulation already lying
around?
Yes, I did.
Where was it lying?
Right outside the building on the
pavement next to a garbage
disposal bin and two of them
still inside the boiler room
laying on the floor.
Two pieces of pipe?
Yeah, long pieces about 10 foot
long still covered with
insulation.
Is it accurate to say that when
you arrived, all of the cutout and
removal had been completed,
except for the hauling away?
The hauling. The cutting had
been completed. They’d
removed it. Pieces where they
5
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA_BISHOP | BARRY | DRATH
2000 Powe. Steer Sune 1225
Emerrvicue, Caurannia 84608
Tew. No. (610) 5266866.
Fax Ne. (510) 8860599
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were going to cut it with a torch,
they cut them with a torch and
dropped them through the floor
and carried them out with some
kind of lift like thing and
dropped them on the ground
next to the deal.
Did you see that —
the.
last cutting with the torch?
Pardon? No.
Now when you saw this
insulation lying around you
called your business agent,
correct?
Right.
Did you go home?
Tlefi the job site, right.
Did you do any work that first
day?
No, just walked in there. That
was it.
And then you went away. And
when you came back, the old
pipe and insulation had been
removed, correct?
Right.
Supporting Evidence: Plaintiff Norman
Juelch’s May 23, 2008, Deposition Testimony,
727:2-725:7, given in his asbestos suit pending
in this Court (Case No. CGC-06-457464), a
true and correct excerpt of which is attached as
Exhibit H to the APPENDIX filed herewith.
6
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSAne
CO CO SA We ND
14. NORMAN JUELCH is the only witness
that JOYCE JUELCH identified in discovery
by name as having knowledge of facts
supporting her contention that she was exposed
to asbestos para-occupationally from
REDWOOD PLUMBING Co., INC.’S alleged
removal of pipe insulation at Sequoia Hospital.
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatories to
Plaintiff Joyce Jueich, Set One, a true and
correct copy of which is attached as
Exhibit E to the APPENDIX; and (2) Plaintiff
Joyce Jueich’s Responses to Redwood
Plumbing Co., Inc.’s Special Interrogatories, a
true and correct copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
BISHOP [BARRY | DRATH
2000 Pawel. Street Sure 1425
Tew. Na. (61.0) 596-0888
Emerrwiue, Cauirormia 24608.
Fax.No. £510) 596-0699 |
15. In response to REDWOOD PLUMBING
CO,, INC.’S discovery, JOYCE JUELCH
failed to identify any representations by
REDWOOD, much less misrepresentations,
upon which she relied to her detriment.
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatory No.
31 to Plaintiff Joyce Juelch, Set One, a true and
correct copy of which is attached as
Exhibit E to the APPENDIX; and (2) Plaintiff
Joyce Jueich’s Response to Redwood Plumbing
Co., Inc.’s Special Interrogatory No. 31, a true
and correct copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
16. In response to REDWOOD PLUMBING
CO., INC.’S special interrogatory inquiring as
to the specific facts supporting plaintiffs’ claim
for punitive damanges, plaintiffs repeat their
boilerplate response that JUELCH was exposed
to asbestos para-occupationally from
REDWOOD’S alleged removal of asbestos
pipe insulation at Sequoia Hospital
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatory No.
33 to Plaintiff Joyce Juelch, Set One, a true and
correct copy of which is attached as Exhibit E
to the APPENDIX; and (2) Plaintiff Joyce
Jueich’s Response to Redwood Plumbing Co.,
Inc.’s Special Interrogatory No. 33, a true and
7
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA,tet
correct copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
17. In response to REDWOOD PLUMBING
CO., INC.’S special interrogatories, JOYCE
JUELCH fails to identify any person or
document supporting her claim for punitive
damages against REDWOOD.
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatory Nos.
34 and 35 to Plaintiff Joyce Juelch, Set One, a
true and correct copy of which is attached as
Exhibit E to the APPENDIX; and (2) Plaintiff
Joyce Jueich’s Responses to Redwood
Plumbing Co., Inc.’s Special Interrogatory Nos.
34 and 35, a true and correct copy of which is
attached as
Exhibit F to the APPENDIX filed herewith.
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18 JOYCE JUELCH testified in this case that
“after [she] had started into insulation,” she
3 ||| discussed with NORMAN JUELCH his alleged
work with REDWOOD PLUMBING CO.,
4 {| INC., including his alleged work with
REDWOOD at Sequoia Hospital.
ND
Supporting Evidence: Plaintiff Joyce Juelch’s
16 || November 19, 2009, Deposition Testimony,
736:22-738:23, a true and correct excerpt of
7 || which is attached as Exhibit G to the
APPENDIX filed herewith.
20
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19 || 15 JOYCE TOELCH testified that she was
not married to NORMAN JUELCH when he
a9 || worked with REDWOOD.
21 || Supporting Evidence: Plaintiff Joyce Juelch’s
November 19, 2009, Deposition Testimony,
22 || 738:6-11, a true and correct excerpt of which is
attached as Exhibit G to the APPENDIX filed
23 || herewith.
24 130, During his deposition, NORMAN
JUELCH did net recall with any certainty when
25 |) he worked at Sequoia Hospital. When asked on
the 4" day of his deposition whether he could
26 |] recall any job sites where he worked as an
2 insulator for Plant Insulation in the 1970's that
had not yet been discussed in the deposition, he
immediately identified Sequoia Hospital. He
28 || later altered his time estimate on the Sequoia |
. 8
REDWOOD PLUMBING CO.,, INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSAft
Hospital job to (1) “probably in °81, °82, 1
believe,” and (2) “I believe it was around ’82,
83, something like that.”
Supporting Evidence: Plaintiff Norman
Juelch’s May 22, 2008, Deposition Testimony,
579:20-581:11, given in his asbestos suit
pending in this Court (Case No. CGC-06-
457464), a true and correct excerpt of which is
attached as Exhibit I to the APPENDIX filed
herewith.
21, IGYCE JUELCH iestified that she did not
wash NORMAN JUELCH’S clothes before
they were married in 1981.
io wm OND HW BF YN
Supporting Evidence: Plaintiff Joyce Juelch’s
November 16, 2009, Deposition Testimony,
33:17-34:13, a true and correct excerpt of
which is attached as Exhibit J to the
APPENDIX filed herewith.
pet ket
ND
12
BOO
Issue No.2: THE FIRST CAUSE OF ACTION FOR NEGLIGENCE HAS NO MERIT
UNDISPUTED MATERIAL FACT AND PLAINTIFFS’ RESPONSE AND
16 || SUPPORTING EVIDENCE SUPPORTING EVIDENCE
1. Plaintiff JOYCE JUELCH is 63 years old
17 || DOB September 18, 1946).
BIgHOP [BARRY |DRATH
2000! Pown. Street Sure (425
Emerrvine, Cauronsia 94606
Few: No. IB1O) 96-0886
Fax Ne. ($10) 584.069:
a
Supporting Evidence: Plaintiff Joyce Juelch’s
19 || Responses to Standard Asbestos Case
“ 4| Interrogatories, Set One, page 1, a true and
20 || correct copy of which is attached as
Exhibit A to the Appendix of Exhibits in
21 || Support of Motion for Summary Judgment,
filed herewith. (APPENDIX)
23 || 2. JOYCE JUELCH has been married to
NORMAN JUELCH since Feb. 14, 1981.
Supporting Evidence: Plaintiff Joyce Juelch’s
25 |) Responses to Standard Asbestos Case
Interrogatories, Set One, page 2, 1, true and
correct copies of which are attached as
97 || Exhibit A to the APPENDIX filed herewith.
9
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP] BARRY | ORATH
2000 Pows.. Sacer Sure 1425
Enervviie, Cauronns 94606
Tet. Mo. (810) 596-0866
Fax No. (810) 526-0699
he
co bp *P SY DN HW FF B&B NY
3. JOYCE JUELCH claims that she has been.
diagnosed with lung cancer.
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 11:14 — 12:2, a true and
correct excerpt of which is attached as Exhibit
B to the APPENDIX filed herewith.
4. JOYCE JUELCH was employed as an
insulator from 1982 to 1992.
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 27:15-28:2, 94:19-23,
a true and correct excerpt of which is attached
as Exhibit B to the APPENDIX filed herewith.
5. NORMAN JUELCH was employed as an
insulator when he met and married JOYCE
JUELCH in 1981,
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 26:18-20, a true and
correct excerpt of which is attached as Exhibit
B to APPENDIX
6. NORMAN JUELCH retired as an insulator
inl989.
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 94:1-4, a true and
correct excerpt of which is attached as Exhibit
B to the APPENDIX filed herewith.
7. On October 31, 2006, NORMAN JUELCH
filed a Complaint for Personal Injury ~
Asbestos in this Court (Case No. CGC-06-
457464).
Supporting Evidence: REDWOOD
PLUMBING CO. INC. requests that the Court
take Judicial Notice of this pending action.
10
REDWOOD PLUMBING CO., INC.*S STATEMENT OF FACTS SUPPORTING MSJ/MSAgisHor | BARRY | ORATH
2OOW Powers. Sraet Sure | 425
Tat. No. {B10} 5860866
Fax No. (5 10) 596-0699
EMErevinie, Caron, 84608
8, REDWOOD PLUMBING CO. INC. has
been licensed (No. 53431) by the California
State License Board since 1938. The company
holds general engineering, general building,
and plumbing contractor licenses, among
others.
Supporting Evidence: REDWOOD
PLUMBING CO. INC. requests that the Court
take Judicial Notice of the records of the
California Contractors State License Board
(“BOARD”). A true and correct copy of the
current information published on the
BOARD'S website regarding REDWOOD
PLUMBING CO. INC.’S license is attached as
Exhibit C to the APPENDIX filed herewith.
oe oN DAD WA B® BY NY
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1] || 9. JOYCE JUELCH claims in written
discovery that in 1984, NORMAN JUELCH
12 || “observed” REDWOOD PLUMBING CO.
INC, employees at Sequoia Hospital “removing
13 asbestos-containing pipe-covering and
14 insulated piping which created large amounts of
visible dust, which [he] reported to Local No.
15 || 16 Business Agent Ed Story, deceased.”
16 || Supporting Evidence: (1) Plaintiff Joyce
Juelch’s Responses to Standard Asbestos Case
17 Interrogatories, Set One, page 21, a true and
1g || Correct copy of which is attached as
Exhibit A to the APPENDIX; and (2) Plaintiff |
19 || Joyce Juelch’s Responses to Standard Asbestos H
Case Interrogatories, Set Two, page 47-48, a
20 || true and correct copy of which is attached as
Exhibit D to the APPENDIX filed herewith.
29 | 10. Sequoia Hospital is the only site where
JOYCE JUELCH is claiming exposure against
23 || REDWOOD PLUMBING CO. INC., albeit
para-oecupationally through her husband. .
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatories to
26 || Plaintiff Joyce Juelch, Set One, a true and
correct copy of which is attached as
27 || Exhibit E to the APPENDIX; and (2) Plaintiff
Joyce Jueich’s Responses to Redwood
28 Plumbing Co., Inc.’s Special Interrogatories, a
il
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABishop | BARRY | DRATH
2000 Power. Srreer Sune 1425
EMERIVLLE, CaLiroRnts 24508
Tex. Ne. (510) 8960868
Fax No. #5 10) 596-0509:
“I
o DP oe ND UW BF WN
Go
true and correct copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
11. JOYCE JUELCH never worked at a site
where REDWOOD PLUMBING Co., INC.
was present.
Supporting Evidence: Plaintiff Joyce Juelch’s
November 19, 2009, Deposition Testimony,
736:22-737:3, a true and correct excerpt of
which is attached as Exhibit G to the
APPENDIX filed herewith.
12. JOYCE JUELCH knows REDWOOD
PLUMBING CO. INC. only as a company
around which her husband claims to have
worked as an insulator.
Supporting Evidence. Plaintiff Joyce Juelch’s
November 19, 2009, Deposition Testimony,
736:22-737:7, a true and correct excerpt of
which is attached as Exhibit G to the
APPENDIX filed herewith.
13. Norman Jueich testified, in his own pending
action, that REDWOOD PLUMBING CO.,
INC. had completed the alleged cutting and
removal of asbestos pipe insulation at Sequoia
Hospital before he arrived at the site, His
testimony on this point is as follows:
Q. Can you identify any of the
pipefitters who were doing
removal at this site?
A. There was only one and it was
from Redwood Plumbing?
This was a pipefitter?
One pipefitter at the time from
Redwood Plumbing.
Q. Now when you first arrived at
this site, did you see any old
pipe and insulation already lying
around?
12
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA1 A. Yes, I did.
2 Where was it lying?
3 Right outside the building on the
4 pavement next to a garbage
disposal bin and two of them
3 still inside the boiler room
6 laying on the floor.
7 Two pieces of pipe?
g Yeah, long pieces about 10 foot
long still covered with
9 insulation.
10 Q. Is it accurate to say that when
1 you arrived, all of the cutout and
removal had been completed,
12 except for the hauling away?
2
of
z 3 ga 13 ‘A. The hauling, The cutting had
é g 3 Be 4 been completed. They’d
ve 8 8 removed it. Pieces where they
Bas 3 Pas were going to cut it with a torch,
6328 they cut them with a torch and
a Z g 3 "AG dropped them through the floor
é é 2G 5 and carried them out with some
8 2 eei7 kind of lift like thing and
8 18 dropped them on the ground
next to the deal.
19 i
Q. Did yon see that —
20
A. The-
21
» Q. last cutting with the torch?
23 A, Pardon? No.
24 Q. Now when you saw this
insulation lying around you |
25 called your business agent,
26 correct?
27 A. Right.
28 Q.___Did you go home? {
13
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA_BISHOP | BARRY | DRATH
2000 Powa.t Sraear Sura (425
EmERviLie, CALIFORNIA 24606
» Tek. No. 1510) 596-0668
Fax No. (8 10) 586-0899
So © oe ND WA RB WN
A. — I left the job site, right.
Q. Did you do any work that first
day?
A. No, just walked in there. That
was it,
Q. And then you went away. And
when you came back, the old
pipe and insulation had been
removed, correct?
A. Right.
Supporting Evidence: Plaintiff Norman
Juelch’s May 23, 2008, Deposition Testimony,
727:2-729:7, given in his asbestos suit pending
in this Court (Case No. CGC-06-457464), a
true and correct excerpt of which is attached as
Exhibit H to the APPENDIX filed herewith.
14. NORMAN JUELCH is the only witness
that JOYCE JUELCH identified in discovery
by name as having knowledge of facts
supporting her contention that she was exposed
to asbestos para-occupationally from
REDWOOD PLUMBING Co., INC.’S alleged
removal of pipe insulation at Sequoia Hospital.
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatories to
Plaintiff Joyce Juelch, Set One, a true and
correct copy of which is attached as
Exhibit E to the APPENDIX; and (2) Plaintiff
Joyce Jielch’s Responses to Redwood
Plumbing Co., Inc.’s Special Interrogatories, a
true and correet copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
15, in response to RED WOOD PLUMBING
CO., INC.’S discovery, JOYCE JUELCH
failed to identify any representations by
RED WOOD, much less misrepresentations,
upon which she relied to her detriment.
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatory No.
31 to Plaintiff Joyce Juelch, Set One, a true and
4
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA_sisHoP [BARRY | ORATH
#000 Poweu. Srreer Sure 1425
Ebemrvice, CaALinonMu 24600
Teu.Ne, 18101 5960866
Fax No. (510) 596.0699:
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ne
IND eet
A A
Oo oO
correct copy of which is attached as
Exhibit E to the APPENDIX; and (2) Plaintiff
Joyce Juelch’s Response to Redwood Plumbing
Co., Inc.’s Special Interrogatory No. 31, a true
and correct copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
16. In response to REDWOOD PLUMBING
CO., INC.’S special interrogatory inquiring as
to the specific facts supporting plaintiffs’ claim
for punitive damanges, plaintiffs repeat their
boilerplate response that JUELCH was exposed
to asbestos para-occupationally from
REDWOOD’S alleged removal of asbestos
pipe insulation at Sequoia Hospital
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatory No.
33 to Plaintiff Joyce Juelch, Set Gne, a true and
correct copy of which is attached as Exhibit E
to the APPENDIX; and (2) Plaintiff Joyce
Juelch’s Response to Redwood Plumbing Co.,
Inc.’s Special Interrogatory No. 33, a true and
correct copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
17. In response to REDWOOD PLUMBING
CO., INC.’S special interrogatories, JOYCE
JUELCH fails to identify any person or
document supporting her claim for punitive
damages against REDWOOD.
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatory Nos.
34 and 35 to Plaintiff Joyce Juelch, Set One, a
true and correct copy of which is attached as
Exhibit E to the APPENDIX; and (2) Plaintiff
Joyce Jueich’s Responses to Redwood
Plumbing Co., Inc.’s Special Interrogatory Nos.
34 and 35, a true and correct copy of which is
attached as
Exhibit F to the APPENDIX filed herewith.
18 JOYCE JUELCH testified in this case that
“after [she] had started into insulation,” she
discussed with NORMAN JUELCH his alleged |’
work with REDWOOD PLUMBING CO.,
INC., including his alleged work with
REDWOOD at Sequoia Hospital.
15.
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP | BARRY] DRATH
2000 Powe. Stree. Sure 1425
EMERYVILLE, CALORNA 84608
Tet. Ne. 1510) 596-0868
Fax No. (5 10. 596-0699:
Oo Oo NR OW eR WON Mm
bot bot
UW & WO N & &
Supporting Evidence: Plaintiff Joyce Juelch’s
November 19, 2009, Deposition Testimony,
736:22-738:23, a irue and correct excerpt of
which is attached as Exhibit G to the
APPENDIX filed herewith.
19. JOYCE JUELCH testified that she was
not married to NORMAN JUELCH when he
worked with REDWOOD.
Supporting Evidence: Plaintiff Joyce Jueich’s
November 19, 2009, Deposition Testimony,
738:6-11, a true and correct excerpt of which is
attached as Exhibit G to the APPENDIX filed
herewith.
20. During his deposition, NORMAN
JUELCH did not recall with any certainty when
he worked at Sequoia Hospital. When asked on
the 4 day of his deposition whether he could
recall any job sites where he worked as an
insulator for Plant Insulation in the 1970's that
had not yet been discussed in the deposition, he
immediately identified Sequoia Hospital. He
later altered his time estimate on the Sequoia
Hospital job to (1) “probably in "81, *82, 1
believe,” and (2) “I believe it was around ’82,
83, something like that.”
Supporting Evidence: Plaintiff Norman
Juelch’s May 22, 2008, Deposition Testimony,
$79:20-581:11, given in his asbestos suit
pending in this Court (Case No. CGC-06-
457464), a true and correct excerpt of which is
attached as Exhibit I to the APPENDIX filed
herewith.
21, JOYCE JUELCH testified that she did not
wash NORMAN JUELCH’S clothes before
they were married in 1981.
Supporting Evidence: Plaintiff Joyce Juelch’s
November 16, 2009, Deposition Testimony,
33:17-34:13, a true and correct excerpt of
which is attached as Exhibit J to the
APPENDIX filed herewith.
16
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP | BARRY | DRATH
#8000 Poweu Streer Sure 1425
EMervvite, Carona 84606
Tex. No. (610) 59608566
Fax No. (510) 8860639.
Q
1
wa
Issue No.3: THE SECOND CAUSE OF ACTION FOR STRICT PRODUCTS
LIABILITY HAS NO MERIT
Oo fm YN DA A BR wh
UNDISPUTED MATERIAL FACT AND
SUPPORTING EVIDENCE
1, Plaintiff JOYCE JUELCH is 63 years old
(DOB September 18, 1946).
Supporting Evidence: Plaintiff Joyce Juelch’s
Responses to Standard Asbestos Case
Interrogatories, Set One, page 1, a true and
correct copy of which is attached as
Exhibit A to the Appendix of Exhibits in
Support of Motion for Summary Judgment,
filed herewith. (APPENDIX)
PLAINTIFFS’? RESPONSE AND
SUPPORTING EVIDENCE
2. JOYCE JUELCH has been married to
NORMAN JUELCH since Feb. 14, 1981.
Supporting Evidence: Plaintiff Joyce Juelch’s
Responses to Standard Asbestos Case
Interrogatories, Set One, page 2, 1, true and
correct copies of which are attached as
Exhibit A to the APPENDIX filed herewith.
3. JOYCE JUELCH claims that she has been
diagnosed with lung cancer.
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 11:14 — 12:2, a true and
correct excerpt of which is attached as Exhibit
B to the APPENDIX filed herewith.
4, JOYCE JUELCH was employed as an
insulator from 1982 to 1992.
Supporting Evidence Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 27:15-28:2, 94:19-23,
a true and correct excerpt of which is attached
as Exhibit B to the APPENDIX filed herewith.
5. NORMAN JUELCH was employed as an
insulator when he met and married JOYCE
JUELCH,
17
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOR | BaRRY | DRATH
2000 Power. Street. Suire |A25
Emeavviine, Cauronnis 24608
Te. No. (B10) 896-0666
Fx No. (5 10) S8G-0E98
at
ht
A Bm WN me
So ew NW HW & WN
oe
=
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 26:18-20, a true and
correct excerpt of which is attached as Exhibit
B to APPENDIX
6. NORMAN JUELCH retired as an insulator
in1989.
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 94:1-4, a true and
correct excerpt of which is attached as Exhibit
B to the APPENDIX filed herewith.
7. On October 31, 2006, NORMAN JUELCH
filed a Complaint for Personal Injury —
Asbestos in this Court (Case No. CGC-06-
457464)
Supporting Evidence: REDWOOD
PLUMBING CO. INC. requests that the Court
take Judicial Notice of this pending action.
8. REDWOOD PLUMBING CO. INC. has
been licensed (No. 53431) by the California
State License Board since 1938. The company
holds general engineering, general building,
and plumbing contractor licenses, among
others.
Supporting Evidence: REDWOOD
PLUMBING CO. INC. requests that the Court
take Judicial Notice of the records of the
California Contractors State License Board
(“BOARD”), A true and correct copy of the
current information published on the
BOARD’S website regarding REDWOOD
PLUMBING CO. INC.’S license is attached as
Exhibit C to the APPENDIX filed herewith.
9, JOYCE JUELCH claims that in 1984,
NORMAN JUELCH “observed” REDWOOD
PLUMBING CO. INC. employees at Sequoia
Hospital “removing asbestos-containing pipe-
covering and insulated piping which created
large amounts of visible dust, which fhe]
reported to Local No. 16 Business Agent Ed
18
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP [BARRY-[ORATH
2000 Poweu. Srazar Sure. 125
EMEReviLLEe, Caumornia 24606,
Tet. No. BiG) B96-0888
Fax No. (810) B96-0689.
~
a
Oo oO ND HB WN eH
veh reek th thd
> Ww MM = &
Nn N YP NY YY BN HM et Re Oe
Co ws KH MW B&B WY NM & OS DW wo ws NH
Story, deceased.”
Supporting Evidence: (1) Plaintiff Joyce
Juelch’s Responses to Standard Asbestos Case
Interrogatories, Set One, page 21, a true and
correct copy of which is attached as
Exhibit A to the APPENDIX; and (2) Plaintiff
Joyce Juelch’s Responses to Standard Asbestos
Case interrogatories, Set Two, page 47-48, a
true and correct copy of which is attached as
Exhibit A to the APPENDIX filed herewith.
10. Sequoia Hospital is the ondy site where
JOYCE JUELCH is claiming exposure against
REDWOOD PLUMBING CO. INC., albeit
para-occupationally through her husband. .
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatories to
Plaintiff Joyce Juelch, Set One, a true and
correct copy of which is attached as
Exhibit E to the APPENDIX; and (2) Plaintiff
Joyce Juelch’s Responses to Redwood.
Plumbing Co., Inc.’s Special Interrogatories, a
true and correct copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
11. JOYCE JUELCH never worked at a site
where REDWOOD PLUMBING Co., INC.
was present.
Supporting Evidence: Plaintiff Joyce Juelch’s
November 19, 2009, Deposition Testimony,
736:22-737:3, a true and correct excerpt of
which is attached as Exhibit G to the
APPENDIX filed herewith.
12. JOYCE JUELCH knows REDWOOD
PLUMBING CO. INC. only as a company
around which her husband claims to have
worked as an insulator.
Supporting Evidence. Plaintiff Joyce Juelch’s
November 19, 2009, Deposition Testimony,
736:22-737:7, a true and correct excerpt of
which is attached as Exhibit G to the
APPENDIX filed herewith.
19
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSI/MSABISHOP | BARRY | DRATH .
2000 Powet. Srecer Sure 1425
EMeryviLie, CaLimornta 94606
Te. No. (810) 896-0686
Fax No. (B10) 5260899
OW CO SPD te Be WD Ne
pet
wot OD
13, Norman Juelch testified, in his own pending
action, that REDWOOD PLUMBING CO.,
INC. had completed the alleged cutting and
removal of asbestos pipe insulation at Sequoia
Hospital before he arrived at the site. His
testimony on this point is as follows:
Q.
Can you identify any of the
pipefitters who were doing
removal at this site?
There was only one and it was
from Redwood Plumbing? -
This was a pipefitter?
One pipefitter at the time from
Redwood Plumbing.
Now when you first arrived at
this site, did you see any old
pipe and insulation already lying
around?
Yes, I did.
Where was it lying?
Right outside the building on the
pavement next to a garbage
disposal bin and two of them
still inside the boiler room
laying on the floor.
‘Two pieces of pipe?
Yeah, long pieces about 10 foot
long still covered with
insulation.
Is it accurate to say that when
you arrived, all of the cutout and
removal had been completed,
except for the hauling away?
The hauling. The cutting had
been completed, They’d
20
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABisHor | BARRY | DRATH:
2000 Powst Simeer. Sure 1425
Tew. No. ($10). 8966886
Fax No. (B10) 8940899,
EMervwiie, CALIFORNIA 24608
ve
OS RO SA th RB Ww ND
10
A.
oO FP OP PF 2
removed it. Pieces where they
were going to cut it with a torch,
they cut them with a torch and
dropped them through the floor
and carried them out with some
kind of lift like thing and
dropped them on the ground
next to the deal.
Did you see that —
The —
last cutting with the torch?
Pardon? No.
Now when you saw this
insulation lying around you
called your business agent,
correct?
Right.
Did you go home?
Lleft the job site, right.
Did you do any work that first
day?
No, just walked in there. That
was it.
And then you went away. And
when you came back, the old
pipe and insulation had been
removed, correct?
Right.
Supporting Evidence: Plaintiff Norman
Juelch’s May 23, 2008, Deposition Testimony,
727:2-729:7, given in his asbestos suit pending
in this Court (Case No. CGC-06-457464), a
true and correct excerpt of which is attached as
Exhibit H to the APPENDIX filed herewith.
21
REDWOOD PLUMBING CO., INC.’8 STATEMENT OF FACTS SUPPORTING MSI/MSAet
14, NORMAN JUELCH is the only witness
that JOYCE JUELCH identified in discovery
by name as having knowledge of facts
supporting her contention that she was exposed
to asbestos para-occupationally from
REDWOOD PLUMBING Co., INC,’S alleged :
removal of pipe insulation at Sequoia Hospital. :
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatories to
Plaintiff Joyce Juelch, Set One, a true and
correct copy of which is attached as
Exhibit E to the APPENDIX; and (2) Plaintiff
Joyce Jueich’s Responses to Redwood
Plumbing Co., Inc.’s Special Interrogatories, a
true and correct copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
oO OD OS ND RH B&B BY NH
15. In response to REDWOOD PLUMBING
12 || CO., INC.’S discovery, JOYCE JUELCH
BISHOP | BARRY | DRATH
2 failed to identify any representations by
8 8 8 3 REDWOOD, much less misrepresentations,
eg 2 g 4 upon which she relied to her detriment.
‘ i g : Supporting Evidence: (1) Defendant Redwood
E gE $615 || Plumbing Co., Inc.’s Special Interrogatories to
4 és 8 Plaintiff Joyce Juelch, Set One, a true and
é ig $ 6 |) correct copy of which is attached as
5 E édy Exhibit E to the APPENDIX; and (2) Plaintiff
3 é Joyce Juelch’s Responses to Redwood
& || Plumbing Co., Inc.’s Special Interrogatories, a
true and correct copy of which is attached as
9 |) Exhibit F to the APPENDIX filed herewith.
20 | 167 Tn response to RED WOOD PLUMBING
CO., INC.’S special interrogatory inquiring as
to the specific facts supporting plaintiffs’ claim
for punitive damanges, plaintiffs repeat their
22 boilerplate response that JUELCH was exposed
to asbestos para-occupationally from
23 || REDWOOD’S alleged removal of asbestos
pipe insulation at Sequoia Hospital
25 Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatories to
26 || Plaintiff Joyce Juelch, Set One, a true and
correct copy of which is attached as Exhibit E
27 || to the APPENDIX; and (2) Plaintiff Joyce
Juelch’s Responses to Redwood Plumbing Co.,
inc.’s Special Interrogatories, a true and correct
\
i
|
22
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSAgisHoP [BARRY [ORAM
2000 Power Streer Sure 1425
Emenvvice, Cauimmmuia 94608
TEL. No. (S10! 960866
Fixe No. (6 10} SSE0ES9
o YN © SN DR Hh BR BN Oe
tet
Mm & Ww hw
copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
17. In response to REDWOOD PLUMBING
CO., INC.’S special interrogatories, JOYCE
JUELCH fails to identify any person or
document supporting her claim for punitive
damages against REDWOOD.
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatories to
Plaintiff Joyce Jueich, Set One, a true and
correct copy of which is attached as Exhibit E
to the APPENDIX; and (2) Plaintiff Joyce
Juelch’s Responses to Redwood Plumbing Co.,
Inc.’s Special Interrogatories, a true and correct
copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
18 JOYCE JUELCH testified in this case that
“after [she] had started into insulation,” she
discussed with NORMAN JUELCH his alleged
work with REDWOOD PLUMBING Co.,
INC., including his alleged work with
REDWOOD at Sequoia Hospital.
Supporting Evidence: Plaintiff Joyce Juelch’s
November 19, 2009, Deposition Testimony,
736:22-738:23, a true and correct excerpt of
which is attached as Exhibit G to the
APPENDIX filed herewith.
19. JOYCE JOELCH testified that she was
not married to NORMAN JUELCH when he
worked with REDWOOD.
Supporting Evidence: Plaintiff Joyce Juelch’s
November 19, 2009, Deposition Testimony,
738:6-11, a true and correct excerpt of which is
attached as Exhibit G to the APPENDIX filed
herewith,
20. During his deposition, NORMAN
JUELCH did not recall with any certainty when
he worked at Sequoia Hospital. When asked on
the 4" day of his deposition whether he could
recall any job sites where he worked‘as an
insulator for Plant Insulation in the 1970’s that
had not yet been discussed in the deposition, he
immediately identified Sequoia Hospital. He
later altered his time estimate on the Sequoia
Hospital job to (1) “probably in °81, ’82, 1
23
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABisHoP [ BARRY. | DRATH
2000 Powe Singer Sure [425
EmMenViLLE, CAUIFORNIA B4606.
Tet. No. 1510} B9EO8E8
Fax No. (5101 $96-0892
x
oo Db we KN DR HR B&B BY HY
13
-_
a
18
believe,” and (2) “I believe it was around °82,
83, something like that.”
Supporting Evidence: Plaintiff Norman
Juelch’s May 22, 2008, Deposition Testimony,
579:20-581:11, given in his asbestos suit
pending in this Court (Case No. CGC-06-
457464), a true and correct excerpt of which is
attached as Exhibit I to the APPENDIX filed
herewith.
21, JOYCE JUELCH testified that she did not
wash NORMAN JUELCH’S clothes before
they were married in 1981.
Supporting Evidence: Plaintiff Joyce Juelch’s
November 16, 2009, Deposition Testimony,
33:17-34:13, a true and correct excerpt of
which is attached as Exhibit J to the
APPENDIX filed herewith.
Issue No.4; THE THIRD CAUSE OF ACTION FOR FALSE REPRERSENTATION
HAS NO MERIT
SUPPORTING EVIDENCE
UNDISPUTED MATERIAL FACT AND
PLAINTIFFS’ RESPONSE AND
SUPPORTING EVIDENCE
1, Plaintiff JOYCE JUELCH is 63 years old
(DOB September 18, 1946).
Supporting Evidence: Plaintiff Joyce Juelch’s
Responses to Standard Asbestos Case
Interrogatories, Set One, page 1, a true and
correct copy of which is attached as
Exhibit A to the Appendix of Exhibits in
Support of Motion for Summary Judgment,
filed herewith. (APPENDIX)
2. JOYCE JUELCH has been married to
NORMAN JUELCH since Feb. 14, 1981.
Supporting Evidence: Plaintiff Joyce Juelch’s
Responses to Standard Asbestos Case ©
Interrogatories, Set One, page 2, 1, true and
correct copies of which are attached as
Exhibit A to the APPENDIX filed herewith.
24
REDWOCD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSAsisHop | BARRY: | ORATH
8
a
moO
$8
ay
£3
38
fe
3
ao
a
x
w
5
5
a
i
i
Q
3
a
0) BS60699,
Fax No, £
Oo OB SM NH UW mR WD Nm
at
bo ee
3. JOYCE JUELCH claims that she has been
diagnosed with lung cancer.
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 11:14 ~ 12:2, a true and
correct excerpt of which is attached as Exhibit
B to the APPENDIX filed herewith.
4. JOYCE JUELCH was employed as an
insulator from 1982 to 1992.
Supporting Evidence Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 27:15—28:2, 94:19-23,
a true and correct excerpt of which is attached
as Exhibit B to the APPENDIX filed herewith.
5. NORMAN JUELCH was employed as an
insulator when he met and married JOYCE
JUELCH.
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation.
Deposition Testimony, 26:18~20, a true and
correct excerpt of which is attached as Exhibit
B to APPENDIX
6. NORMAN JUELCH retired as an insulator
in 1989.
Supporting Evidence: Plaintiff Joyce Juelch’s
September 15, 2009, Trial Preservation
Deposition Testimony, 94:1-4, a true and
correct excerpt of which is attached as Exhibit
B to the APPENDIX filed herewith.
7. On October 31, 2006, NORMAN JUELCH
filed a Complaint for Personal Injury —
Asbestos in this Court (Case No. CGC-06-
457464)
Supporting Evidence: REDWOOD
PLUMBING CO. INC. requests that the Court
take Judicial Notice of this pending action.
25
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP [| BARRY. | DRATH
a
g
i
3
e
8
g
oO
8
3
i
e
3
3
f
j
oO
83
30
38
3
33
$6
29
$4
2
aé
OO NA th BR WB NO
MN DW ND DN RD meee meat
OC FA WR HOW MO & SD Ce WD HW BW NS &
8. REDWOOD PLUMBING CO. INC. has
been licensed (No. 53431) by the California
State License Board since 1938. The company
holds general engineering, general building,
and plumbing contractor licenses, among
others.
Supporting Evidence: REDWOOD
PLUMBING CO. INC. requests that the Court
take Judicial Notice of the records of the
California Contractors State License Board
(BOARD”). A tre and correct copy of the
current information published on the
BOARD’S website regarding REDWOOD
PLUMBING CO. INC.’S license is attached as
Exhibit C to the APPENDIX filed herewith.
9. JOYCE JUELCH claims that in 1984,
NORMAN JUELCH “observed” REDWOOD
PLUMBING CO. INC. employees at Sequoia
Hospital “removing asbestos-containing pipe-
covering and insulated piping which created
large amounts of visible dust, which [he]
reported to Local No. 16 Business Agent Ed
Story, deceased.” .
Supporting Evidence: (1) Plaintiff Joyce
Jueich’s Responsés to Standard Asbestos Case
interrogatories, Set One, page 21, a true and
correct copy of which is attached as
Exhibit A to the APPENDIX; and (2) Plaintiff
Joyce Jueich’s Responses to Standard Asbestos
Case Interrogatories, Set Two, page 47-48, a
true and correct copy of which is attached as
Exhibit A to the APPENDIX filed herewith.
6. Sequoia Hospital is the only site where
(OYCE JUELCH is claiming exposure against
REDWOOD PLUMBING CO. INC., albeit
para-occupationally through her husband. .
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatories to
Plaintiff Joyce Juelch, Set One, a true and
correct copy of which is attached as .
Exhibit E to the APPENDIX; and (2) Plaintiff
Joyce Juelch’s Responses to Redwood
Plumbing Co., Inc.’s Special Interrogatories, a
26
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA_BisHoP | BARRY | DRATH,
2000 Foweci: Sear Sire 1425
Emearwiie, Cauimonma 24606
Ten. No. 1810) 5960880
fax No. 18 10) B866899,
1
Oo Oo NY DA A PB WY N
true and correct copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
11. JOYCE JUELCH never worked at a site
where REDWOOD PLUMBING Co., INC.
was present.
Supporting Evidence: Plaintiff Joyce Juelch’s
November 19, 2009, Deposition Testimony,
736:22-737:3, a true and correct excerpt of
which is attached as Exhibit G to the
APPENDIX filed herewith.
12. JOYCE JUELCH knows REDWOOD
PLUMBING CO. INC. only as a company
around which her husband claims to have
worked as an insulator.
Supporting Evidence. Plaintiff Joyce Juelch’s
November 19, 2009, Deposition Testimony,
736:22-737:7, a true and correct excerpt of
which is attached as Exhibit G to the
APPENDIX filed herewith.
13, Norman Juelch testified, in his own pending
action, that REDWOOD PLUMBING CO.,
INC. had completed the alleged cutting and
removal of asbestos pipe insulation at Sequoia
Hospital before he arrived at the site, His
testimony on this point is as follows:
Q. Can you identify any of the
pipefitters who were doing
removal at this site?
A There was only one and it was
from Redwood Plumbing?
Q. This was a pipefitter?
One pipelitter at the time from
Redwood Plumbing.
Q Now when you first arrived at
this site, did you see any old
pipe and insulation already lying
around?
27
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSATen. No. 18101 8860885
Fax No. (810) BA6O69S
BISHOP | BARRY | ORATH
2000 Powet. Street Sure 1425
Emereviiie,-Cauironnts, 84600
Oo OD RO HS BN HR WN ee
bet
14
16
2 > 2 Pe
Yes, I did.
Where was it lying?
Right outside the building on the
pavement next to a garbage
disposal bin and two of them
still inside the boiler room
laying on the floor.
Two pieces of pipe?
Yeah, long pieces about 10 foot
long still covered with
insulation.
Is it accurate to say that when
you arrived, all of the cutout and.
removal had been completed,
except for the hauling away?
The hauling. The cutting had
been completed. They’d
removed it. Pieces where they
were going to cut it with a torch,
they cut them with a torch and
dropped them through the floor
and carried them out with some
kind of lift like thing and
dropped them on the ground
next to the deal.
Did you see that —
The —
last cutting with the torch?
Pardon? No.
Now when you saw this
insulation lying around you
called your business agent,
correct?
Right.
28
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSAEMERYVILLE, CALIFORNIA S460
Je. No. (6 1O) 5960688
Fix No, (6 10} 586-0699
BISHOP | BARRY: | ORATH
2000 Powe, Steer Sure 1425
SD OO NN
3
Did you go home?
1 left the job site, right.
Q Did you do any work that first
day?
A No, just walked in there. That
was it.
Q. And then you went away. And
when you came back, the old
pipe and insulation had been
removed, correct?
A. — Right.
Supporting Evidence: Plaintiff Norman
Juelch’s May 23, 2008, Deposition Testimony,
727:2-729:7, given in his asbestos suit pending
in this Court (Case No. CGC-06-457464), a
true and correct excerpt of which is attached as
Exhibit H to the APPENDIX filed herewith.
14. NORMAN JUELCH is the only witness
that JOYCE JUELCH identified in discovery
by name-as having knowledge of facts
supporting her contention that she was exposed
to asbestos para-occupationally from
REDWOOD PLUMBING Co., INC.’S alleged
removal of pipe insulation at Sequoia Hospital.
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatories to
Plaintiff Joyce Jucich, Set One, a true and
correct copy of which is attached as
Exhibit E to the APPENDIX; and (2) Plaintiff
Joyce Juelch’s Responses to Redwood
Plumbing Co., Inc.’s Special Interrogatories, a
true and correct copy of which is attached as
Exhibit F to the APPENDIX filed herewith,
15, In response to REDWOOD PLUMBING
CO., INC.’S discovery, JOYCE JUELCH
failed to identify any representations by
REDWOOD, much less misrepresentations,
upon which she relied to her detriment.
29
REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSI/MSAsisHor | BARRY | DRATH
2000 Powsi. Stresr Sure (425
Emerrvitum, CaupoRNiA 94606
Tew. Ne. (B10! 596-0686
Fax No. (510) BBG0699
oO ND HW & WN
bt
oO
i be
wom OND
'_ [Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatories to
Plaintiff Joyce Juelch, Set One, a true and
correct copy of which is attached as
Exhibit E to the APPENDIX; and (2) Plaintiff
Joyce Jueich’s Responses to Redwood
Plumbing Co., Inc.’s Special Interrogatories, a
true and correct copy of which is attached as
Exhibit F to the APPENDIX filed herewith.
16. In response to REDWOOD PLUMBING
CO., INC.’S special interrogatory inquiring as
to the specific facts supporting plaintiffs’ claim
for punitive damanges, plaintiffs repeat their
boilerplate response that JUELCH was exposed
to asbestos para-occupationally from
REDWOOD’S alleged removal of asbestos
pipe insulation at Sequoia Hospital
Supporting Evidence: (1) Defendant Redwood
Plumbing Co., Inc.’s Special Interrogatories to
Plaintiff Joyce Jueich, Set One, a true and
correct copy of which is attached as Exhibit E
to the APPENDIX; and (2) Plaintiff Joyce
Juelch’s Responses to Redwood Plumbing Co.,
Inc.’s Special In
Preview
BISHOP | BARRY | ORATH a 8 2 a qd d é aD 38 a, i3 3 Bs 3's ig ig a a a 9 o o o a 8 eg a é _ wa oO © ND HR BH RM - _ SPO Vy N NY NY NY N Nw ty cM A Rh BF Yo HY & SG © NELSON C. BARRY, [SBN 23933] MARY MARGARET RYAN, [SBN 127828] JOHN A. BURKE, [SBN 148385] — BISHOP | BARRY | DRATH 2000 Powell Street, Suite 1425 Emeryville, California 94608 Telephone: (510) 596-0888 Facsimile: (510) 596-0899 Attorneys for Defendant REDWOOD PLUMBING CO., INC. ELECTRONICALLY FILED’ Superior Court of California, County of San Francisco MAR 04 2010 Clerk of the Court BY: VANESSA WU Deputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO (UNLIMITED JURISDICTION) JOYCE JUELCH and NORMAN JUELCH, SR., Plaintiffs, vs. ASBESTOS DEFENDANTS (B*P) As Reflected on Exhibits B, B-1, C; and DOES 1-8500, et al., Defendants. Case No. CGC-09-275212 REDWOOD PLUMBING CO., INC.’S STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF ISSUES Date: March 18, 2010 Time: 9:30 a.m. Dept.: 220 Honorable: Harold E. Kahn Trial date: April 5, 2010 Complaint Filed: May 20, 2009 COMES NOW DEFENDANT, REDWOOD PLUMBING CO., INC. (““REDWOOD”), pursuant to Code of Civil Procedure § 437c (b) (1), and submits the following Separate Statement of Undisputed Material Fact in Support of its Motion for Summary Judgment or, alternatively, Summary Adjudication. dt i” Mt i ut REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP | BARRY | DRATH 2000 Powei. Streer Sure (425 Tew. No. 1$10) §960666 Fax No. (510) 8860699. Emenyviiie, Cauroantn 24606 oO oO me YD WH BB WY me i 16 Issue No. 1: REDWOOD PLUMBING CO., INC. IS ENTITLED TO SUMMARY JUDGMENT BECAUSE PLAINTIFFS CANNOT PROVE CAUSATION, AN ESSIENTIAL ELEMENT OF EACH OF THEIR CLAIMS UNDISPUTED MATERIAL FACT AND SUPPORTING EVIDENCE 1, Plaintiff JOYCE JUELCH is 63 years old (DOB September 18, 1946). Supporting Evidence: Plaintiff Joyce Juelch’s Responses to Standard Asbestos Case Interrogatories, Set One, page 1, a true and correct copy of which is attached as Exhibit A to the Appendix of Exhibits in Support of Motion for Summary Judgment, filed herewith, (APPENDIX) PLAINTIFFS’ RESPONSE AND SUPPORTING EVIDENCE 2. JOYCE JUELCH has been married to NORMAN JUELCH since Feb. 14, 1981. Supporting Evidence: Plaintiff Joyce Juelch’s Responses to Standard Asbestos Case interrogatories, Set One, page 2, 1, true and correct copies of which are attached as Exhibit A to the APPENDIX filed herewith. 3. JOYCE JUELCH claims that she has been diagnosed with lung cancer. Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 11:14 — 12:2, a true and correct excerpt of which is attached as Exhibit B te the APPENDIX filed herewith. 4, JOYCE IUELCH was employed as an insulator from 1982 to 1992. Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 27:15-28:2, 94:19-23, a true and correct excerpt of which is attached as Exhibit B to the APPENDIX filed herewith. 5. NORMAN JUELCH was employed as an insulator when he met and married JOYCE JUELCH in 1981, 2 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA,sishop [BARRY [DRATH: _ 2000 Powe. Street Sure 425 Emcrwite, Cauirorwia 24608 1 Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 26:18-20, a true and correct excerpt of which is attached as Exhibit B to APPENDIX 6. NORMAN JUELCH retired as an insulator in1989. Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 94:1-4, a true and correct excerpt of which is attached as Exhibit B to the APPENDIX filed herewith. DO co “sb DH W B&B &B NHN 19 |, 7. On October 31, 2006, NORMAN JUELCH filed a Complaint for Personal Injury — 11 |} Asbestos in this Court (Case No. CGC-06- 457464). Supporting Evidence: REDWOOD Tet. No. (510) 596-0686 @}3 || PLUMBING CO. INC. requests that the Court 3 14 take Judicial Notice of this pending action. a 3 15 || 8. REDWOOD PLUMBING CO. INC. has 8 been licensed (No. 53431) by the California 8 16 |] State License Board since 1938. The company holds general engineering, general building, a7 : ° and plumbing contractor licenses, among 1g || others. 19 || Supporting Evidence: REDWOOD : PLUMBING CO. INC. requests that the Court : 20 || take Judicial Notice of the records of the : California Contractors State License Board (BOARD”). A truc and correct copy of the 22 || current information published on the BOARD’S website regarding REDWOOD 23 || PLUMBING CO. INC.’S license is attached as Exhibit C to the APPENDIX filed herewith. 9. JOYCE JUELCH claims in written discovery that in 1984, NORMAN JUELCH 26 || “observed” REDWOOD PLUMBING CO. INC. employees at Sequoia Hospital “removing 27 || asbestos-containing pipe-covering and insulated piping which created large amounts of 28 || visible dust, which {he} reported to Local No. 3 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA.BISHOP [BARRY [DRATH 2000 Powet. Srever Sure 1425. TEL. No. (510) 586-0685 Fax No. (B1Or B9E0699 Emami, Carona 24608 oe DO CO sD A WU fF Wo oN 10 16 Business Agent Ed Story, deceased.” Supporting Evidence: (1) Plaintiff Joyce Juelch’s Responses to Standard Asbestos Case Interrogatories, Set One, page 21, a true and correct copy of which is attached as Exhibit A to the APPENDIX; and (2) Plaintiff Joyce Juelch’s Responses to Standard Asbestos Case Interrogatories, Set Two, page 47-48, a true and correct copy of which is attached as Exhibit D to the APPENDIX filed herewith. 10. Sequoia Hospital is the enly site where IGYCE JUELCH is claiming exposure against REDWOOD PLUMBING CO. INC., albeit para-cccupationally through her husband. . Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatories to Plaintiff Joyce Juelch, Set One, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Jueich’s Responses to Redwood Plumbing Co., Inc.’s Special Inferrogatories, a true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. 11. JOYCE JUELCH never worked at a site where REDWOOD PLUMBING Co., INC. was present. Supporting Evidence: Plaintiff Joyce Juelch’s November 19, 2009, Deposition Testimony, 736:22-737:3, a true and correct excerpt of which is attached as Exhibit G to the APPENDIX filed herewith. 12. JOYCE JUELCH knows REDWOOD PLUMBING CO. INC. only as a company around which her husband claims to have worked as an insulator. Supporting Evidence. Plaintiff Joyce Juelch’s November 19, 2009, Deposition Testimony, 736:22-737:7, a true and correct excerpt of which is attached as Exhibit G to the APPENDIX filed herewith. REDWOOD PLUMBING CO,, INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP | BARRY | DRATH. 2000 Powel Stree Slire 1425 Emerrviice, Cairornin, 84606 Ter, No, (610) S9EO88G Fax. No. (510) 586-0089 _ oe ND HW B&B WN 13 13. Norman Juelch testified, in his own pending action, that REDWOOD PLUMBING CO., INC. had completed the alleged cutting and removal of asbestos pipe insulation at Sequoia Hospital before he arrived at the site. His testimony on this point is as follows: Q. Can you identify any of the pipefitters who were doing removal at this site? There was only one and it was from Redwood Plumbing? This was a pipefitter? One pipefitter at the time from Redwood Plumbing. Now when you first arrived at this site, did you see any old pipe and insulation already lying around? Yes, I did. Where was it lying? Right outside the building on the pavement next to a garbage disposal bin and two of them still inside the boiler room laying on the floor. Two pieces of pipe? Yeah, long pieces about 10 foot long still covered with insulation. Is it accurate to say that when you arrived, all of the cutout and removal had been completed, except for the hauling away? The hauling. The cutting had been completed. They’d removed it. Pieces where they 5 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA_BISHOP | BARRY | DRATH 2000 Powe. Steer Sune 1225 Emerrvicue, Caurannia 84608 Tew. No. (610) 5266866. Fax Ne. (510) 8860599 oOo OW «© YN KR HW BR WY HD Mm i me _ Dn Ww - Ww ye N wy NYY NM Be Be eo oe So~ A th & tw NM Om OD we wD QO F DP PF A. were going to cut it with a torch, they cut them with a torch and dropped them through the floor and carried them out with some kind of lift like thing and dropped them on the ground next to the deal. Did you see that — the. last cutting with the torch? Pardon? No. Now when you saw this insulation lying around you called your business agent, correct? Right. Did you go home? Tlefi the job site, right. Did you do any work that first day? No, just walked in there. That was it. And then you went away. And when you came back, the old pipe and insulation had been removed, correct? Right. Supporting Evidence: Plaintiff Norman Juelch’s May 23, 2008, Deposition Testimony, 727:2-725:7, given in his asbestos suit pending in this Court (Case No. CGC-06-457464), a true and correct excerpt of which is attached as Exhibit H to the APPENDIX filed herewith. 6 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSAne CO CO SA We ND 14. NORMAN JUELCH is the only witness that JOYCE JUELCH identified in discovery by name as having knowledge of facts supporting her contention that she was exposed to asbestos para-occupationally from REDWOOD PLUMBING Co., INC.’S alleged removal of pipe insulation at Sequoia Hospital. Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatories to Plaintiff Joyce Jueich, Set One, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Jueich’s Responses to Redwood Plumbing Co., Inc.’s Special Interrogatories, a true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. BISHOP [BARRY | DRATH 2000 Pawel. Street Sure 1425 Tew. Na. (61.0) 596-0888 Emerrwiue, Cauirormia 24608. Fax.No. £510) 596-0699 | 15. In response to REDWOOD PLUMBING CO,, INC.’S discovery, JOYCE JUELCH failed to identify any representations by REDWOOD, much less misrepresentations, upon which she relied to her detriment. Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatory No. 31 to Plaintiff Joyce Juelch, Set One, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Jueich’s Response to Redwood Plumbing Co., Inc.’s Special Interrogatory No. 31, a true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. 16. In response to REDWOOD PLUMBING CO., INC.’S special interrogatory inquiring as to the specific facts supporting plaintiffs’ claim for punitive damanges, plaintiffs repeat their boilerplate response that JUELCH was exposed to asbestos para-occupationally from REDWOOD’S alleged removal of asbestos pipe insulation at Sequoia Hospital Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatory No. 33 to Plaintiff Joyce Juelch, Set One, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Jueich’s Response to Redwood Plumbing Co., Inc.’s Special Interrogatory No. 33, a true and 7 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA,tet correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. 17. In response to REDWOOD PLUMBING CO., INC.’S special interrogatories, JOYCE JUELCH fails to identify any person or document supporting her claim for punitive damages against REDWOOD. Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatory Nos. 34 and 35 to Plaintiff Joyce Juelch, Set One, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Jueich’s Responses to Redwood Plumbing Co., Inc.’s Special Interrogatory Nos. 34 and 35, a true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. oOo ODO 8 NDA AR Be BW NN bt i 18 JOYCE JUELCH testified in this case that “after [she] had started into insulation,” she 3 ||| discussed with NORMAN JUELCH his alleged work with REDWOOD PLUMBING CO., 4 {| INC., including his alleged work with REDWOOD at Sequoia Hospital. ND Supporting Evidence: Plaintiff Joyce Juelch’s 16 || November 19, 2009, Deposition Testimony, 736:22-738:23, a true and correct excerpt of 7 || which is attached as Exhibit G to the APPENDIX filed herewith. 20 3 g 3 a3 a6 2.5 $3 2 8 a Ba a3 ges gee Bey ee yg Bh.4 Bis BT 83 19 || 15 JOYCE TOELCH testified that she was not married to NORMAN JUELCH when he a9 || worked with REDWOOD. 21 || Supporting Evidence: Plaintiff Joyce Juelch’s November 19, 2009, Deposition Testimony, 22 || 738:6-11, a true and correct excerpt of which is attached as Exhibit G to the APPENDIX filed 23 || herewith. 24 130, During his deposition, NORMAN JUELCH did net recall with any certainty when 25 |) he worked at Sequoia Hospital. When asked on the 4" day of his deposition whether he could 26 |] recall any job sites where he worked as an 2 insulator for Plant Insulation in the 1970's that had not yet been discussed in the deposition, he immediately identified Sequoia Hospital. He 28 || later altered his time estimate on the Sequoia | . 8 REDWOOD PLUMBING CO.,, INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSAft Hospital job to (1) “probably in °81, °82, 1 believe,” and (2) “I believe it was around ’82, 83, something like that.” Supporting Evidence: Plaintiff Norman Juelch’s May 22, 2008, Deposition Testimony, 579:20-581:11, given in his asbestos suit pending in this Court (Case No. CGC-06- 457464), a true and correct excerpt of which is attached as Exhibit I to the APPENDIX filed herewith. 21, IGYCE JUELCH iestified that she did not wash NORMAN JUELCH’S clothes before they were married in 1981. io wm OND HW BF YN Supporting Evidence: Plaintiff Joyce Juelch’s November 16, 2009, Deposition Testimony, 33:17-34:13, a true and correct excerpt of which is attached as Exhibit J to the APPENDIX filed herewith. pet ket ND 12 BOO Issue No.2: THE FIRST CAUSE OF ACTION FOR NEGLIGENCE HAS NO MERIT UNDISPUTED MATERIAL FACT AND PLAINTIFFS’ RESPONSE AND 16 || SUPPORTING EVIDENCE SUPPORTING EVIDENCE 1. Plaintiff JOYCE JUELCH is 63 years old 17 || DOB September 18, 1946). BIgHOP [BARRY |DRATH 2000! Pown. Street Sure (425 Emerrvine, Cauronsia 94606 Few: No. IB1O) 96-0886 Fax Ne. ($10) 584.069: a Supporting Evidence: Plaintiff Joyce Juelch’s 19 || Responses to Standard Asbestos Case “ 4| Interrogatories, Set One, page 1, a true and 20 || correct copy of which is attached as Exhibit A to the Appendix of Exhibits in 21 || Support of Motion for Summary Judgment, filed herewith. (APPENDIX) 23 || 2. JOYCE JUELCH has been married to NORMAN JUELCH since Feb. 14, 1981. Supporting Evidence: Plaintiff Joyce Juelch’s 25 |) Responses to Standard Asbestos Case Interrogatories, Set One, page 2, 1, true and correct copies of which are attached as 97 || Exhibit A to the APPENDIX filed herewith. 9 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP] BARRY | ORATH 2000 Pows.. Sacer Sure 1425 Enervviie, Cauronns 94606 Tet. Mo. (810) 596-0866 Fax No. (810) 526-0699 he co bp *P SY DN HW FF B&B NY 3. JOYCE JUELCH claims that she has been. diagnosed with lung cancer. Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 11:14 — 12:2, a true and correct excerpt of which is attached as Exhibit B to the APPENDIX filed herewith. 4. JOYCE JUELCH was employed as an insulator from 1982 to 1992. Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 27:15-28:2, 94:19-23, a true and correct excerpt of which is attached as Exhibit B to the APPENDIX filed herewith. 5. NORMAN JUELCH was employed as an insulator when he met and married JOYCE JUELCH in 1981, Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 26:18-20, a true and correct excerpt of which is attached as Exhibit B to APPENDIX 6. NORMAN JUELCH retired as an insulator inl989. Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 94:1-4, a true and correct excerpt of which is attached as Exhibit B to the APPENDIX filed herewith. 7. On October 31, 2006, NORMAN JUELCH filed a Complaint for Personal Injury ~ Asbestos in this Court (Case No. CGC-06- 457464). Supporting Evidence: REDWOOD PLUMBING CO. INC. requests that the Court take Judicial Notice of this pending action. 10 REDWOOD PLUMBING CO., INC.*S STATEMENT OF FACTS SUPPORTING MSJ/MSAgisHor | BARRY | ORATH 2OOW Powers. Sraet Sure | 425 Tat. No. {B10} 5860866 Fax No. (5 10) 596-0699 EMErevinie, Caron, 84608 8, REDWOOD PLUMBING CO. INC. has been licensed (No. 53431) by the California State License Board since 1938. The company holds general engineering, general building, and plumbing contractor licenses, among others. Supporting Evidence: REDWOOD PLUMBING CO. INC. requests that the Court take Judicial Notice of the records of the California Contractors State License Board (“BOARD”). A true and correct copy of the current information published on the BOARD'S website regarding REDWOOD PLUMBING CO. INC.’S license is attached as Exhibit C to the APPENDIX filed herewith. oe oN DAD WA B® BY NY bet oO 1] || 9. JOYCE JUELCH claims in written discovery that in 1984, NORMAN JUELCH 12 || “observed” REDWOOD PLUMBING CO. INC, employees at Sequoia Hospital “removing 13 asbestos-containing pipe-covering and 14 insulated piping which created large amounts of visible dust, which [he] reported to Local No. 15 || 16 Business Agent Ed Story, deceased.” 16 || Supporting Evidence: (1) Plaintiff Joyce Juelch’s Responses to Standard Asbestos Case 17 Interrogatories, Set One, page 21, a true and 1g || Correct copy of which is attached as Exhibit A to the APPENDIX; and (2) Plaintiff | 19 || Joyce Juelch’s Responses to Standard Asbestos H Case Interrogatories, Set Two, page 47-48, a 20 || true and correct copy of which is attached as Exhibit D to the APPENDIX filed herewith. 29 | 10. Sequoia Hospital is the only site where JOYCE JUELCH is claiming exposure against 23 || REDWOOD PLUMBING CO. INC., albeit para-oecupationally through her husband. . Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatories to 26 || Plaintiff Joyce Juelch, Set One, a true and correct copy of which is attached as 27 || Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Jueich’s Responses to Redwood 28 Plumbing Co., Inc.’s Special Interrogatories, a il REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABishop | BARRY | DRATH 2000 Power. Srreer Sune 1425 EMERIVLLE, CaLiroRnts 24508 Tex. Ne. (510) 8960868 Fax No. #5 10) 596-0509: “I o DP oe ND UW BF WN Go true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. 11. JOYCE JUELCH never worked at a site where REDWOOD PLUMBING Co., INC. was present. Supporting Evidence: Plaintiff Joyce Juelch’s November 19, 2009, Deposition Testimony, 736:22-737:3, a true and correct excerpt of which is attached as Exhibit G to the APPENDIX filed herewith. 12. JOYCE JUELCH knows REDWOOD PLUMBING CO. INC. only as a company around which her husband claims to have worked as an insulator. Supporting Evidence. Plaintiff Joyce Juelch’s November 19, 2009, Deposition Testimony, 736:22-737:7, a true and correct excerpt of which is attached as Exhibit G to the APPENDIX filed herewith. 13. Norman Jueich testified, in his own pending action, that REDWOOD PLUMBING CO., INC. had completed the alleged cutting and removal of asbestos pipe insulation at Sequoia Hospital before he arrived at the site, His testimony on this point is as follows: Q. Can you identify any of the pipefitters who were doing removal at this site? A. There was only one and it was from Redwood Plumbing? This was a pipefitter? One pipefitter at the time from Redwood Plumbing. Q. Now when you first arrived at this site, did you see any old pipe and insulation already lying around? 12 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA1 A. Yes, I did. 2 Where was it lying? 3 Right outside the building on the 4 pavement next to a garbage disposal bin and two of them 3 still inside the boiler room 6 laying on the floor. 7 Two pieces of pipe? g Yeah, long pieces about 10 foot long still covered with 9 insulation. 10 Q. Is it accurate to say that when 1 you arrived, all of the cutout and removal had been completed, 12 except for the hauling away? 2 of z 3 ga 13 ‘A. The hauling, The cutting had é g 3 Be 4 been completed. They’d ve 8 8 removed it. Pieces where they Bas 3 Pas were going to cut it with a torch, 6328 they cut them with a torch and a Z g 3 "AG dropped them through the floor é é 2G 5 and carried them out with some 8 2 eei7 kind of lift like thing and 8 18 dropped them on the ground next to the deal. 19 i Q. Did yon see that — 20 A. The- 21 » Q. last cutting with the torch? 23 A, Pardon? No. 24 Q. Now when you saw this insulation lying around you | 25 called your business agent, 26 correct? 27 A. Right. 28 Q.___Did you go home? { 13 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA_BISHOP | BARRY | DRATH 2000 Powa.t Sraear Sura (425 EmERviLie, CALIFORNIA 24606 » Tek. No. 1510) 596-0668 Fax No. (8 10) 586-0899 So © oe ND WA RB WN A. — I left the job site, right. Q. Did you do any work that first day? A. No, just walked in there. That was it, Q. And then you went away. And when you came back, the old pipe and insulation had been removed, correct? A. Right. Supporting Evidence: Plaintiff Norman Juelch’s May 23, 2008, Deposition Testimony, 727:2-729:7, given in his asbestos suit pending in this Court (Case No. CGC-06-457464), a true and correct excerpt of which is attached as Exhibit H to the APPENDIX filed herewith. 14. NORMAN JUELCH is the only witness that JOYCE JUELCH identified in discovery by name as having knowledge of facts supporting her contention that she was exposed to asbestos para-occupationally from REDWOOD PLUMBING Co., INC.’S alleged removal of pipe insulation at Sequoia Hospital. Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatories to Plaintiff Joyce Juelch, Set One, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Jielch’s Responses to Redwood Plumbing Co., Inc.’s Special Interrogatories, a true and correet copy of which is attached as Exhibit F to the APPENDIX filed herewith. 15, in response to RED WOOD PLUMBING CO., INC.’S discovery, JOYCE JUELCH failed to identify any representations by RED WOOD, much less misrepresentations, upon which she relied to her detriment. Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatory No. 31 to Plaintiff Joyce Juelch, Set One, a true and 4 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA_sisHoP [BARRY | ORATH #000 Poweu. Srreer Sure 1425 Ebemrvice, CaALinonMu 24600 Teu.Ne, 18101 5960866 Fax No. (510) 596.0699: om Qu 1 o 0 em NY DH HU RB WN ne IND eet A A Oo oO correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Juelch’s Response to Redwood Plumbing Co., Inc.’s Special Interrogatory No. 31, a true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. 16. In response to REDWOOD PLUMBING CO., INC.’S special interrogatory inquiring as to the specific facts supporting plaintiffs’ claim for punitive damanges, plaintiffs repeat their boilerplate response that JUELCH was exposed to asbestos para-occupationally from REDWOOD’S alleged removal of asbestos pipe insulation at Sequoia Hospital Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatory No. 33 to Plaintiff Joyce Juelch, Set Gne, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Juelch’s Response to Redwood Plumbing Co., Inc.’s Special Interrogatory No. 33, a true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. 17. In response to REDWOOD PLUMBING CO., INC.’S special interrogatories, JOYCE JUELCH fails to identify any person or document supporting her claim for punitive damages against REDWOOD. Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatory Nos. 34 and 35 to Plaintiff Joyce Juelch, Set One, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Jueich’s Responses to Redwood Plumbing Co., Inc.’s Special Interrogatory Nos. 34 and 35, a true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. 18 JOYCE JUELCH testified in this case that “after [she] had started into insulation,” she discussed with NORMAN JUELCH his alleged |’ work with REDWOOD PLUMBING CO., INC., including his alleged work with REDWOOD at Sequoia Hospital. 15. REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP | BARRY] DRATH 2000 Powe. Stree. Sure 1425 EMERYVILLE, CALORNA 84608 Tet. Ne. 1510) 596-0868 Fax No. (5 10. 596-0699: Oo Oo NR OW eR WON Mm bot bot UW & WO N & & Supporting Evidence: Plaintiff Joyce Juelch’s November 19, 2009, Deposition Testimony, 736:22-738:23, a irue and correct excerpt of which is attached as Exhibit G to the APPENDIX filed herewith. 19. JOYCE JUELCH testified that she was not married to NORMAN JUELCH when he worked with REDWOOD. Supporting Evidence: Plaintiff Joyce Jueich’s November 19, 2009, Deposition Testimony, 738:6-11, a true and correct excerpt of which is attached as Exhibit G to the APPENDIX filed herewith. 20. During his deposition, NORMAN JUELCH did not recall with any certainty when he worked at Sequoia Hospital. When asked on the 4 day of his deposition whether he could recall any job sites where he worked as an insulator for Plant Insulation in the 1970's that had not yet been discussed in the deposition, he immediately identified Sequoia Hospital. He later altered his time estimate on the Sequoia Hospital job to (1) “probably in "81, *82, 1 believe,” and (2) “I believe it was around ’82, 83, something like that.” Supporting Evidence: Plaintiff Norman Juelch’s May 22, 2008, Deposition Testimony, $79:20-581:11, given in his asbestos suit pending in this Court (Case No. CGC-06- 457464), a true and correct excerpt of which is attached as Exhibit I to the APPENDIX filed herewith. 21, JOYCE JUELCH testified that she did not wash NORMAN JUELCH’S clothes before they were married in 1981. Supporting Evidence: Plaintiff Joyce Juelch’s November 16, 2009, Deposition Testimony, 33:17-34:13, a true and correct excerpt of which is attached as Exhibit J to the APPENDIX filed herewith. 16 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP | BARRY | DRATH #8000 Poweu Streer Sure 1425 EMervvite, Carona 84606 Tex. No. (610) 59608566 Fax No. (510) 8860639. Q 1 wa Issue No.3: THE SECOND CAUSE OF ACTION FOR STRICT PRODUCTS LIABILITY HAS NO MERIT Oo fm YN DA A BR wh UNDISPUTED MATERIAL FACT AND SUPPORTING EVIDENCE 1, Plaintiff JOYCE JUELCH is 63 years old (DOB September 18, 1946). Supporting Evidence: Plaintiff Joyce Juelch’s Responses to Standard Asbestos Case Interrogatories, Set One, page 1, a true and correct copy of which is attached as Exhibit A to the Appendix of Exhibits in Support of Motion for Summary Judgment, filed herewith. (APPENDIX) PLAINTIFFS’? RESPONSE AND SUPPORTING EVIDENCE 2. JOYCE JUELCH has been married to NORMAN JUELCH since Feb. 14, 1981. Supporting Evidence: Plaintiff Joyce Juelch’s Responses to Standard Asbestos Case Interrogatories, Set One, page 2, 1, true and correct copies of which are attached as Exhibit A to the APPENDIX filed herewith. 3. JOYCE JUELCH claims that she has been diagnosed with lung cancer. Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 11:14 — 12:2, a true and correct excerpt of which is attached as Exhibit B to the APPENDIX filed herewith. 4, JOYCE JUELCH was employed as an insulator from 1982 to 1992. Supporting Evidence Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 27:15-28:2, 94:19-23, a true and correct excerpt of which is attached as Exhibit B to the APPENDIX filed herewith. 5. NORMAN JUELCH was employed as an insulator when he met and married JOYCE JUELCH, 17 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOR | BaRRY | DRATH 2000 Power. Street. Suire |A25 Emeavviine, Cauronnis 24608 Te. No. (B10) 896-0666 Fx No. (5 10) S8G-0E98 at ht A Bm WN me So ew NW HW & WN oe = Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 26:18-20, a true and correct excerpt of which is attached as Exhibit B to APPENDIX 6. NORMAN JUELCH retired as an insulator in1989. Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 94:1-4, a true and correct excerpt of which is attached as Exhibit B to the APPENDIX filed herewith. 7. On October 31, 2006, NORMAN JUELCH filed a Complaint for Personal Injury — Asbestos in this Court (Case No. CGC-06- 457464) Supporting Evidence: REDWOOD PLUMBING CO. INC. requests that the Court take Judicial Notice of this pending action. 8. REDWOOD PLUMBING CO. INC. has been licensed (No. 53431) by the California State License Board since 1938. The company holds general engineering, general building, and plumbing contractor licenses, among others. Supporting Evidence: REDWOOD PLUMBING CO. INC. requests that the Court take Judicial Notice of the records of the California Contractors State License Board (“BOARD”), A true and correct copy of the current information published on the BOARD’S website regarding REDWOOD PLUMBING CO. INC.’S license is attached as Exhibit C to the APPENDIX filed herewith. 9, JOYCE JUELCH claims that in 1984, NORMAN JUELCH “observed” REDWOOD PLUMBING CO. INC. employees at Sequoia Hospital “removing asbestos-containing pipe- covering and insulated piping which created large amounts of visible dust, which fhe] reported to Local No. 16 Business Agent Ed 18 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP [BARRY-[ORATH 2000 Poweu. Srazar Sure. 125 EMEReviLLEe, Caumornia 24606, Tet. No. BiG) B96-0888 Fax No. (810) B96-0689. ~ a Oo oO ND HB WN eH veh reek th thd > Ww MM = & Nn N YP NY YY BN HM et Re Oe Co ws KH MW B&B WY NM & OS DW wo ws NH Story, deceased.” Supporting Evidence: (1) Plaintiff Joyce Juelch’s Responses to Standard Asbestos Case Interrogatories, Set One, page 21, a true and correct copy of which is attached as Exhibit A to the APPENDIX; and (2) Plaintiff Joyce Juelch’s Responses to Standard Asbestos Case interrogatories, Set Two, page 47-48, a true and correct copy of which is attached as Exhibit A to the APPENDIX filed herewith. 10. Sequoia Hospital is the ondy site where JOYCE JUELCH is claiming exposure against REDWOOD PLUMBING CO. INC., albeit para-occupationally through her husband. . Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatories to Plaintiff Joyce Juelch, Set One, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Juelch’s Responses to Redwood. Plumbing Co., Inc.’s Special Interrogatories, a true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. 11. JOYCE JUELCH never worked at a site where REDWOOD PLUMBING Co., INC. was present. Supporting Evidence: Plaintiff Joyce Juelch’s November 19, 2009, Deposition Testimony, 736:22-737:3, a true and correct excerpt of which is attached as Exhibit G to the APPENDIX filed herewith. 12. JOYCE JUELCH knows REDWOOD PLUMBING CO. INC. only as a company around which her husband claims to have worked as an insulator. Supporting Evidence. Plaintiff Joyce Juelch’s November 19, 2009, Deposition Testimony, 736:22-737:7, a true and correct excerpt of which is attached as Exhibit G to the APPENDIX filed herewith. 19 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSI/MSABISHOP | BARRY | DRATH . 2000 Powet. Srecer Sure 1425 EMeryviLie, CaLimornta 94606 Te. No. (810) 896-0686 Fax No. (B10) 5260899 OW CO SPD te Be WD Ne pet wot OD 13, Norman Juelch testified, in his own pending action, that REDWOOD PLUMBING CO., INC. had completed the alleged cutting and removal of asbestos pipe insulation at Sequoia Hospital before he arrived at the site. His testimony on this point is as follows: Q. Can you identify any of the pipefitters who were doing removal at this site? There was only one and it was from Redwood Plumbing? - This was a pipefitter? One pipefitter at the time from Redwood Plumbing. Now when you first arrived at this site, did you see any old pipe and insulation already lying around? Yes, I did. Where was it lying? Right outside the building on the pavement next to a garbage disposal bin and two of them still inside the boiler room laying on the floor. ‘Two pieces of pipe? Yeah, long pieces about 10 foot long still covered with insulation. Is it accurate to say that when you arrived, all of the cutout and removal had been completed, except for the hauling away? The hauling. The cutting had been completed, They’d 20 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABisHor | BARRY | DRATH: 2000 Powst Simeer. Sure 1425 Tew. No. ($10). 8966886 Fax No. (B10) 8940899, EMervwiie, CALIFORNIA 24608 ve OS RO SA th RB Ww ND 10 A. oO FP OP PF 2 removed it. Pieces where they were going to cut it with a torch, they cut them with a torch and dropped them through the floor and carried them out with some kind of lift like thing and dropped them on the ground next to the deal. Did you see that — The — last cutting with the torch? Pardon? No. Now when you saw this insulation lying around you called your business agent, correct? Right. Did you go home? Lleft the job site, right. Did you do any work that first day? No, just walked in there. That was it. And then you went away. And when you came back, the old pipe and insulation had been removed, correct? Right. Supporting Evidence: Plaintiff Norman Juelch’s May 23, 2008, Deposition Testimony, 727:2-729:7, given in his asbestos suit pending in this Court (Case No. CGC-06-457464), a true and correct excerpt of which is attached as Exhibit H to the APPENDIX filed herewith. 21 REDWOOD PLUMBING CO., INC.’8 STATEMENT OF FACTS SUPPORTING MSI/MSAet 14, NORMAN JUELCH is the only witness that JOYCE JUELCH identified in discovery by name as having knowledge of facts supporting her contention that she was exposed to asbestos para-occupationally from REDWOOD PLUMBING Co., INC,’S alleged : removal of pipe insulation at Sequoia Hospital. : Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatories to Plaintiff Joyce Juelch, Set One, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Jueich’s Responses to Redwood Plumbing Co., Inc.’s Special Interrogatories, a true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. oO OD OS ND RH B&B BY NH 15. In response to REDWOOD PLUMBING 12 || CO., INC.’S discovery, JOYCE JUELCH BISHOP | BARRY | DRATH 2 failed to identify any representations by 8 8 8 3 REDWOOD, much less misrepresentations, eg 2 g 4 upon which she relied to her detriment. ‘ i g : Supporting Evidence: (1) Defendant Redwood E gE $615 || Plumbing Co., Inc.’s Special Interrogatories to 4 és 8 Plaintiff Joyce Juelch, Set One, a true and é ig $ 6 |) correct copy of which is attached as 5 E édy Exhibit E to the APPENDIX; and (2) Plaintiff 3 é Joyce Juelch’s Responses to Redwood & || Plumbing Co., Inc.’s Special Interrogatories, a true and correct copy of which is attached as 9 |) Exhibit F to the APPENDIX filed herewith. 20 | 167 Tn response to RED WOOD PLUMBING CO., INC.’S special interrogatory inquiring as to the specific facts supporting plaintiffs’ claim for punitive damanges, plaintiffs repeat their 22 boilerplate response that JUELCH was exposed to asbestos para-occupationally from 23 || REDWOOD’S alleged removal of asbestos pipe insulation at Sequoia Hospital 25 Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatories to 26 || Plaintiff Joyce Juelch, Set One, a true and correct copy of which is attached as Exhibit E 27 || to the APPENDIX; and (2) Plaintiff Joyce Juelch’s Responses to Redwood Plumbing Co., inc.’s Special Interrogatories, a true and correct \ i | 22 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSAgisHoP [BARRY [ORAM 2000 Power Streer Sure 1425 Emenvvice, Cauimmmuia 94608 TEL. No. (S10! 960866 Fixe No. (6 10} SSE0ES9 o YN © SN DR Hh BR BN Oe tet Mm & Ww hw copy of which is attached as Exhibit F to the APPENDIX filed herewith. 17. In response to REDWOOD PLUMBING CO., INC.’S special interrogatories, JOYCE JUELCH fails to identify any person or document supporting her claim for punitive damages against REDWOOD. Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatories to Plaintiff Joyce Jueich, Set One, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Juelch’s Responses to Redwood Plumbing Co., Inc.’s Special Interrogatories, a true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. 18 JOYCE JUELCH testified in this case that “after [she] had started into insulation,” she discussed with NORMAN JUELCH his alleged work with REDWOOD PLUMBING Co., INC., including his alleged work with REDWOOD at Sequoia Hospital. Supporting Evidence: Plaintiff Joyce Juelch’s November 19, 2009, Deposition Testimony, 736:22-738:23, a true and correct excerpt of which is attached as Exhibit G to the APPENDIX filed herewith. 19. JOYCE JOELCH testified that she was not married to NORMAN JUELCH when he worked with REDWOOD. Supporting Evidence: Plaintiff Joyce Juelch’s November 19, 2009, Deposition Testimony, 738:6-11, a true and correct excerpt of which is attached as Exhibit G to the APPENDIX filed herewith, 20. During his deposition, NORMAN JUELCH did not recall with any certainty when he worked at Sequoia Hospital. When asked on the 4" day of his deposition whether he could recall any job sites where he worked‘as an insulator for Plant Insulation in the 1970’s that had not yet been discussed in the deposition, he immediately identified Sequoia Hospital. He later altered his time estimate on the Sequoia Hospital job to (1) “probably in °81, ’82, 1 23 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABisHoP [ BARRY. | DRATH 2000 Powe Singer Sure [425 EmMenViLLE, CAUIFORNIA B4606. Tet. No. 1510} B9EO8E8 Fax No. (5101 $96-0892 x oo Db we KN DR HR B&B BY HY 13 -_ a 18 believe,” and (2) “I believe it was around °82, 83, something like that.” Supporting Evidence: Plaintiff Norman Juelch’s May 22, 2008, Deposition Testimony, 579:20-581:11, given in his asbestos suit pending in this Court (Case No. CGC-06- 457464), a true and correct excerpt of which is attached as Exhibit I to the APPENDIX filed herewith. 21, JOYCE JUELCH testified that she did not wash NORMAN JUELCH’S clothes before they were married in 1981. Supporting Evidence: Plaintiff Joyce Juelch’s November 16, 2009, Deposition Testimony, 33:17-34:13, a true and correct excerpt of which is attached as Exhibit J to the APPENDIX filed herewith. Issue No.4; THE THIRD CAUSE OF ACTION FOR FALSE REPRERSENTATION HAS NO MERIT SUPPORTING EVIDENCE UNDISPUTED MATERIAL FACT AND PLAINTIFFS’ RESPONSE AND SUPPORTING EVIDENCE 1, Plaintiff JOYCE JUELCH is 63 years old (DOB September 18, 1946). Supporting Evidence: Plaintiff Joyce Juelch’s Responses to Standard Asbestos Case Interrogatories, Set One, page 1, a true and correct copy of which is attached as Exhibit A to the Appendix of Exhibits in Support of Motion for Summary Judgment, filed herewith. (APPENDIX) 2. JOYCE JUELCH has been married to NORMAN JUELCH since Feb. 14, 1981. Supporting Evidence: Plaintiff Joyce Juelch’s Responses to Standard Asbestos Case © Interrogatories, Set One, page 2, 1, true and correct copies of which are attached as Exhibit A to the APPENDIX filed herewith. 24 REDWOCD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSAsisHop | BARRY: | ORATH 8 a moO $8 ay £3 38 fe 3 ao a x w 5 5 a i i Q 3 a 0) BS60699, Fax No, £ Oo OB SM NH UW mR WD Nm at bo ee 3. JOYCE JUELCH claims that she has been diagnosed with lung cancer. Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 11:14 ~ 12:2, a true and correct excerpt of which is attached as Exhibit B to the APPENDIX filed herewith. 4. JOYCE JUELCH was employed as an insulator from 1982 to 1992. Supporting Evidence Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 27:15—28:2, 94:19-23, a true and correct excerpt of which is attached as Exhibit B to the APPENDIX filed herewith. 5. NORMAN JUELCH was employed as an insulator when he met and married JOYCE JUELCH. Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation. Deposition Testimony, 26:18~20, a true and correct excerpt of which is attached as Exhibit B to APPENDIX 6. NORMAN JUELCH retired as an insulator in 1989. Supporting Evidence: Plaintiff Joyce Juelch’s September 15, 2009, Trial Preservation Deposition Testimony, 94:1-4, a true and correct excerpt of which is attached as Exhibit B to the APPENDIX filed herewith. 7. On October 31, 2006, NORMAN JUELCH filed a Complaint for Personal Injury — Asbestos in this Court (Case No. CGC-06- 457464) Supporting Evidence: REDWOOD PLUMBING CO. INC. requests that the Court take Judicial Notice of this pending action. 25 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSABISHOP [| BARRY. | DRATH a g i 3 e 8 g oO 8 3 i e 3 3 f j oO 83 30 38 3 33 $6 29 $4 2 aé OO NA th BR WB NO MN DW ND DN RD meee meat OC FA WR HOW MO & SD Ce WD HW BW NS & 8. REDWOOD PLUMBING CO. INC. has been licensed (No. 53431) by the California State License Board since 1938. The company holds general engineering, general building, and plumbing contractor licenses, among others. Supporting Evidence: REDWOOD PLUMBING CO. INC. requests that the Court take Judicial Notice of the records of the California Contractors State License Board (BOARD”). A tre and correct copy of the current information published on the BOARD’S website regarding REDWOOD PLUMBING CO. INC.’S license is attached as Exhibit C to the APPENDIX filed herewith. 9. JOYCE JUELCH claims that in 1984, NORMAN JUELCH “observed” REDWOOD PLUMBING CO. INC. employees at Sequoia Hospital “removing asbestos-containing pipe- covering and insulated piping which created large amounts of visible dust, which [he] reported to Local No. 16 Business Agent Ed Story, deceased.” . Supporting Evidence: (1) Plaintiff Joyce Jueich’s Responsés to Standard Asbestos Case interrogatories, Set One, page 21, a true and correct copy of which is attached as Exhibit A to the APPENDIX; and (2) Plaintiff Joyce Jueich’s Responses to Standard Asbestos Case Interrogatories, Set Two, page 47-48, a true and correct copy of which is attached as Exhibit A to the APPENDIX filed herewith. 6. Sequoia Hospital is the only site where (OYCE JUELCH is claiming exposure against REDWOOD PLUMBING CO. INC., albeit para-occupationally through her husband. . Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatories to Plaintiff Joyce Juelch, Set One, a true and correct copy of which is attached as . Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Juelch’s Responses to Redwood Plumbing Co., Inc.’s Special Interrogatories, a 26 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSA_BisHoP | BARRY | DRATH, 2000 Foweci: Sear Sire 1425 Emearwiie, Cauimonma 24606 Ten. No. 1810) 5960880 fax No. 18 10) B866899, 1 Oo Oo NY DA A PB WY N true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. 11. JOYCE JUELCH never worked at a site where REDWOOD PLUMBING Co., INC. was present. Supporting Evidence: Plaintiff Joyce Juelch’s November 19, 2009, Deposition Testimony, 736:22-737:3, a true and correct excerpt of which is attached as Exhibit G to the APPENDIX filed herewith. 12. JOYCE JUELCH knows REDWOOD PLUMBING CO. INC. only as a company around which her husband claims to have worked as an insulator. Supporting Evidence. Plaintiff Joyce Juelch’s November 19, 2009, Deposition Testimony, 736:22-737:7, a true and correct excerpt of which is attached as Exhibit G to the APPENDIX filed herewith. 13, Norman Juelch testified, in his own pending action, that REDWOOD PLUMBING CO., INC. had completed the alleged cutting and removal of asbestos pipe insulation at Sequoia Hospital before he arrived at the site, His testimony on this point is as follows: Q. Can you identify any of the pipefitters who were doing removal at this site? A There was only one and it was from Redwood Plumbing? Q. This was a pipefitter? One pipelitter at the time from Redwood Plumbing. Q Now when you first arrived at this site, did you see any old pipe and insulation already lying around? 27 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSATen. No. 18101 8860885 Fax No. (810) BA6O69S BISHOP | BARRY | ORATH 2000 Powet. Street Sure 1425 Emereviiie,-Cauironnts, 84600 Oo OD RO HS BN HR WN ee bet 14 16 2 > 2 Pe Yes, I did. Where was it lying? Right outside the building on the pavement next to a garbage disposal bin and two of them still inside the boiler room laying on the floor. Two pieces of pipe? Yeah, long pieces about 10 foot long still covered with insulation. Is it accurate to say that when you arrived, all of the cutout and. removal had been completed, except for the hauling away? The hauling. The cutting had been completed. They’d removed it. Pieces where they were going to cut it with a torch, they cut them with a torch and dropped them through the floor and carried them out with some kind of lift like thing and dropped them on the ground next to the deal. Did you see that — The — last cutting with the torch? Pardon? No. Now when you saw this insulation lying around you called your business agent, correct? Right. 28 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSJ/MSAEMERYVILLE, CALIFORNIA S460 Je. No. (6 1O) 5960688 Fix No, (6 10} 586-0699 BISHOP | BARRY: | ORATH 2000 Powe, Steer Sure 1425 SD OO NN 3 Did you go home? 1 left the job site, right. Q Did you do any work that first day? A No, just walked in there. That was it. Q. And then you went away. And when you came back, the old pipe and insulation had been removed, correct? A. — Right. Supporting Evidence: Plaintiff Norman Juelch’s May 23, 2008, Deposition Testimony, 727:2-729:7, given in his asbestos suit pending in this Court (Case No. CGC-06-457464), a true and correct excerpt of which is attached as Exhibit H to the APPENDIX filed herewith. 14. NORMAN JUELCH is the only witness that JOYCE JUELCH identified in discovery by name-as having knowledge of facts supporting her contention that she was exposed to asbestos para-occupationally from REDWOOD PLUMBING Co., INC.’S alleged removal of pipe insulation at Sequoia Hospital. Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatories to Plaintiff Joyce Jucich, Set One, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Juelch’s Responses to Redwood Plumbing Co., Inc.’s Special Interrogatories, a true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith, 15, In response to REDWOOD PLUMBING CO., INC.’S discovery, JOYCE JUELCH failed to identify any representations by REDWOOD, much less misrepresentations, upon which she relied to her detriment. 29 REDWOOD PLUMBING CO., INC.’S STATEMENT OF FACTS SUPPORTING MSI/MSAsisHor | BARRY | DRATH 2000 Powsi. Stresr Sure (425 Emerrvitum, CaupoRNiA 94606 Tew. Ne. (B10! 596-0686 Fax No. (510) BBG0699 oO ND HW & WN bt oO i be wom OND '_ [Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatories to Plaintiff Joyce Juelch, Set One, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Jueich’s Responses to Redwood Plumbing Co., Inc.’s Special Interrogatories, a true and correct copy of which is attached as Exhibit F to the APPENDIX filed herewith. 16. In response to REDWOOD PLUMBING CO., INC.’S special interrogatory inquiring as to the specific facts supporting plaintiffs’ claim for punitive damanges, plaintiffs repeat their boilerplate response that JUELCH was exposed to asbestos para-occupationally from REDWOOD’S alleged removal of asbestos pipe insulation at Sequoia Hospital Supporting Evidence: (1) Defendant Redwood Plumbing Co., Inc.’s Special Interrogatories to Plaintiff Joyce Jueich, Set One, a true and correct copy of which is attached as Exhibit E to the APPENDIX; and (2) Plaintiff Joyce Juelch’s Responses to Redwood Plumbing Co., Inc.’s Special In