On May 20, 2009 a
Motion,Ex Parte
was filed
involving a dispute between
Juelch, Joyce,
Juelch Sr, Norman,
and
3M Company,
84 Lumber Company,
84 Lumber Company, A Limited Partnership,
All Asbestos Defendants,
Allis-Chalmers Corporation Product Liability Trust,
Asbestos Defendants,
Cbs Corporation, A Delaware Corporation, F K A,
Chevron U.S.A. Inc.,
Consolidated Insulation, Inc.,
Csk Auto, Inc.,
Dillingham Construction N.A., Inc.,
Does 1-8500,
Douglass Insulation Company, Inc.,
Garlock Sealing Technologies, Llc,
General Electric Company,
Genuine Parts Company,
Hamilton Materials, Inc.,
J.T. Thorpe & Son, Inc.,
Kaiser Gypsum Company, Inc.,
Metalclad Insulation Corporation,
Oscar E. Erickson, Inc.,
Pacific Gas And Electric Company,
Pacipic Bell Telephone Company,
Parker Hannifin Corporation,
Quintec Industries, Inc.,
Redwood Plumbing Co., Inc.,
Santa Fe Braun, Inc.,
Sequoia Ventures Inc.,
Shell Oil Company,
Thomas Dee Engineering Company,
Timec Company, Inc.,
Tosco Refining Company, Inc.,
Union Carbide Corporation,
Union Oil Company Of California,
Unocal Corporation,
for ASBESTOS
in the District Court of San Francisco County.
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GEORGE D. YARON, ESQ. (State Bar #96246)
KEITH E, PATTERSON, ESQ. (State Bar #225753)
MICHAEL J. PENG, ea fe Bar #260852)
YARON & ASSOCIATES
601 California Street, 21“ Floor
San Francisco, California 94108
Telephone: (415) 658-2929
Facsimile: (415) 658-2930
Attorneys for Defendant
84 LUMBER COMPANY
ELECTRONICAL|
FILED
Superior Court of Califorhia,
County of San Francis
FEB 26 201
Clerk of the Cou
BY: CHRISTLE ARRIO!
Deputy ¢lerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JOYCE JUELCH and NORMAN JUELCH, SR., }
)
Plaintiffs, ;
v. )
)
ASBESTOS DEFENDANTS (B¢P) As)
Reflected on Exhibits B, B-1, C; and DOES 1-)
8500; and SEE ATTACHED LIST, )
)
)
Defendants. )
)
)
)
)
)
CASE NO, CGC-09-275212
DOCUMENTARY EVIDENCE IN
SUPPORT OF 84 LUMBER COMPANY’S
MOTION FOR SUMMARY JUDGMENT,
OR, IN THE ALTERNATIVE,
SUMMARY ADJUDICATION OF ISSUES|
(CRC 43.1350(c)
Hearing Date: March 18, 2010
Hearing Time: 9:30 am.
Depart. No.: 220
Hearing Judge: Hon. Harold E, Kahn
Date Action Filed: § May 20, 2009
Date Set For Trial: April 5, 2010
Pursuant to California Rules of Court rule 3.1350(c), Defendant&84 Lumber Company (“84
Lumber”) hereby submits the following documentary evidence in support of its Motion for
Summary Judgment, or in the alternative, Summary Adjudication of issues:
EVIDENCE
EXHIBIT
Plaintiffs’ Complaint
84 Lumber’s Special Interrogatories, Set One
84 Lumber’s Request for Production of
Documents, Set One
Exhibit “A" to the Peng, Declaration
Exhibit “B" to the Peng, Declaration
Exhibit “C" to the Peng, Declaration
[Documentary Bvidence
GA3265\MS]\Evidence.wpdBR ww
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Oo we NY A
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Joyce Juelch’s Responses to 84 Lumber’s
Special Interrogatories, Set One
Exhibit “D" to the Peng, Declaration
Joyce Juelch’s Responses to 84 Lumber’s
Request for Production of Documents, Set One
Exhibit “E" to the Peng, Declaration
Relevant portions of Joyce Juelch’s deposition
testimony, taken on November 20, 2009
Relevant portions of John Chambers’ deposition
testimony, taken on January 12, 2010
Affidavit of Frank Cicero
County of San Joaquin, Building Inspection
Department, Application for Permit and Inspection
Record, for 251 S. Adelbert, signed by John
Chambers
Exhibit “F" to the Peng, Declaration
Exhibit “G" to the Peng, Declaration
Exhibit “H" to the Peng, Declaration
Exhibit “I" to the Peng, Declaration and
Exhibit “1" to 84 Lumber’s Request for
Judicial Notice
Defendant Hamilton Materials, Inc.’s Responses
to Plaintiffs’ Standard Interrogatories to All
Defendants, verified on June 8, 1998
Defendant Kaiser Gypsum Company’s 2007
Supplemental Responses to Plaintiffs’ Standard
Interrogatories to All Defendants, verified on
August 8, 2007
Exhibit “J" to the Peng, Declaration and
Exhibit “4" to 84 Lumber’s Request for
Judicial Notice
Exhibit “K" to the Peng, Declaration and
Exhibit “5" to 84 Lumber’s Request for
Judicial Notice
Medical report, written by Plaintiffs’ expert, Dr.
R.M. Luros, dated October 2, 2009
Exhibit “L" to the Peng, Declaration
U.S. Consumer Product Safety Commission
announcement of the ban on certain asbestos-
containing products, dated December 2, 1977
Exhibit “2" to 84 Lumber’s Request for
Judicial Notice
2.
Documentary Evidence
GA3265\MSNEvidence.wpd~ Do oO WDA A BF WN
=
woh
Declaration of George B. Kirk in Support of
Defendant Kaiser Gypsum Company, Inc.’s Notice
of Motion and Motion For Summary Judgment,
filed in Joseph B. Cavesina and Thomas D. Small
v. Owens-Illinois, Inc., et al, LASC Case No.
BBC-329514
DATED: February 24, 2010
By:
[Documentary Evidence -3-
Exhibit “3" to 84 Lumber’s Request for
Judicial Notice
YARON & ASSOCIATES
hehe -
GEORGE D, YARON
KEITH E. PATTERSON
MICHAEL J. PENG
Attorneys for Defendant
84 LUMBER COMPANY
GA3265\MSJEvidence.wpdPROOF OF SERVICE
Lam over 18 years of age and not a party to the within action. [am employed in the County
of San Francisco; my business address is Yaron & Associates, 601 California Street, 21st Floor, San
Francisco, California 94108-2826.
On February 26, 2010, at or about, 2:15 pm, I served the within:
DOCUMENTARY EVIDENCE IN SUPPORT OF 84 LUMBER COMPANY’S
MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE,
SUMMARY ADJUDICATION OF ISSUES (CRC 4 3.1350(c)
addressed to:
All Parties As Listed on the LexisNexis Service List
VIA E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or
an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents
to be sent to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time
after the transmission, any electronic message or other indication that the transmission was unsuccessful,
Ideclare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct, and that this declaration was executed on February 26, 2010, at San Francisco,
California.
~"MARISELA H. NAVARRO
MNAVARRO@YARONLAW.COM
Preview
ood Aw 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GEORGE D. YARON, ESQ. (State Bar #96246) KEITH E, PATTERSON, ESQ. (State Bar #225753) MICHAEL J. PENG, ea fe Bar #260852) YARON & ASSOCIATES 601 California Street, 21“ Floor San Francisco, California 94108 Telephone: (415) 658-2929 Facsimile: (415) 658-2930 Attorneys for Defendant 84 LUMBER COMPANY ELECTRONICAL| FILED Superior Court of Califorhia, County of San Francis FEB 26 201 Clerk of the Cou BY: CHRISTLE ARRIO! Deputy ¢lerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO JOYCE JUELCH and NORMAN JUELCH, SR., } ) Plaintiffs, ; v. ) ) ASBESTOS DEFENDANTS (B¢P) As) Reflected on Exhibits B, B-1, C; and DOES 1-) 8500; and SEE ATTACHED LIST, ) ) ) Defendants. ) ) ) ) ) ) CASE NO, CGC-09-275212 DOCUMENTARY EVIDENCE IN SUPPORT OF 84 LUMBER COMPANY’S MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES| (CRC 43.1350(c) Hearing Date: March 18, 2010 Hearing Time: 9:30 am. Depart. No.: 220 Hearing Judge: Hon. Harold E, Kahn Date Action Filed: § May 20, 2009 Date Set For Trial: April 5, 2010 Pursuant to California Rules of Court rule 3.1350(c), Defendant&84 Lumber Company (“84 Lumber”) hereby submits the following documentary evidence in support of its Motion for Summary Judgment, or in the alternative, Summary Adjudication of issues: EVIDENCE EXHIBIT Plaintiffs’ Complaint 84 Lumber’s Special Interrogatories, Set One 84 Lumber’s Request for Production of Documents, Set One Exhibit “A" to the Peng, Declaration Exhibit “B" to the Peng, Declaration Exhibit “C" to the Peng, Declaration [Documentary Bvidence GA3265\MS]\Evidence.wpdBR ww w Oo we NY A 20 21 22 23 24 25 26 27 28 Joyce Juelch’s Responses to 84 Lumber’s Special Interrogatories, Set One Exhibit “D" to the Peng, Declaration Joyce Juelch’s Responses to 84 Lumber’s Request for Production of Documents, Set One Exhibit “E" to the Peng, Declaration Relevant portions of Joyce Juelch’s deposition testimony, taken on November 20, 2009 Relevant portions of John Chambers’ deposition testimony, taken on January 12, 2010 Affidavit of Frank Cicero County of San Joaquin, Building Inspection Department, Application for Permit and Inspection Record, for 251 S. Adelbert, signed by John Chambers Exhibit “F" to the Peng, Declaration Exhibit “G" to the Peng, Declaration Exhibit “H" to the Peng, Declaration Exhibit “I" to the Peng, Declaration and Exhibit “1" to 84 Lumber’s Request for Judicial Notice Defendant Hamilton Materials, Inc.’s Responses to Plaintiffs’ Standard Interrogatories to All Defendants, verified on June 8, 1998 Defendant Kaiser Gypsum Company’s 2007 Supplemental Responses to Plaintiffs’ Standard Interrogatories to All Defendants, verified on August 8, 2007 Exhibit “J" to the Peng, Declaration and Exhibit “4" to 84 Lumber’s Request for Judicial Notice Exhibit “K" to the Peng, Declaration and Exhibit “5" to 84 Lumber’s Request for Judicial Notice Medical report, written by Plaintiffs’ expert, Dr. R.M. Luros, dated October 2, 2009 Exhibit “L" to the Peng, Declaration U.S. Consumer Product Safety Commission announcement of the ban on certain asbestos- containing products, dated December 2, 1977 Exhibit “2" to 84 Lumber’s Request for Judicial Notice 2. Documentary Evidence GA3265\MSNEvidence.wpd~ Do oO WDA A BF WN = woh Declaration of George B. Kirk in Support of Defendant Kaiser Gypsum Company, Inc.’s Notice of Motion and Motion For Summary Judgment, filed in Joseph B. Cavesina and Thomas D. Small v. Owens-Illinois, Inc., et al, LASC Case No. BBC-329514 DATED: February 24, 2010 By: [Documentary Evidence -3- Exhibit “3" to 84 Lumber’s Request for Judicial Notice YARON & ASSOCIATES hehe - GEORGE D, YARON KEITH E. PATTERSON MICHAEL J. PENG Attorneys for Defendant 84 LUMBER COMPANY GA3265\MSJEvidence.wpdPROOF OF SERVICE Lam over 18 years of age and not a party to the within action. [am employed in the County of San Francisco; my business address is Yaron & Associates, 601 California Street, 21st Floor, San Francisco, California 94108-2826. On February 26, 2010, at or about, 2:15 pm, I served the within: DOCUMENTARY EVIDENCE IN SUPPORT OF 84 LUMBER COMPANY’S MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES (CRC 4 3.1350(c) addressed to: All Parties As Listed on the LexisNexis Service List VIA E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful, Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on February 26, 2010, at San Francisco, California. ~"MARISELA H. NAVARRO MNAVARRO@YARONLAW.COM