Motion,Ex Parte: CHARLES HUSBAND VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON EXHIBITS

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                                BRAYTONSPURCELL LLP

ATTORNEYS AT LAW
222 RUSH LANDING ROAD.

- POBOX 6169
NOVATO, CALIFORNIA 94948-6169

(415) 898-1555

oO RD NH FB WN

10

DAVID R. DONADIO, ESQ., 8.B. #154436
NANCY T. WILLIAMS, ESQ., 8.B. #201095

BRAYTON@PURCELL LLP ELECTRONICALLY
Attorneys at Law
222 Rush Landing Road FILED
P.O. Box 6169 Superior Court of California,
Novato, California 94948-6169 _ County of San Francisco
(415) 898-1555 MAY 09 2011
Tentative Ruling Contest Email: contestasbestosT R@braytonlaw.com — Clerk of the Court
we BY: JUDITH NUNEZ
Attorneys for Plaintiff Deputy Cler
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
CHARLES HUSBAND, ) ASBESTOS
) No, CGC-09-275098
Plaintiff, )
) DECLARATION OF MONTIE DERBY IN
vs, ) SUPPORT OF EX PARTE APPLICATION
: ) FOR ORDER DIRECTING SERVICE OF
ASBESTOS DEFENDANTS (BP) ) SUMMONS ON DEFENDANT MARINE
ENGINEERING AND SUPPLY
COMPANY, BY DELIVERY OF
PROCESS TO SECRETARY OF STATE
[C.C.P. § 416.20(b); Ret Code § 2011(b);
Former Corp. Code § 3305
Date: May 10, 2011
Time: 11:00 a.m.
Dept.: 220, Hon, Harold E, Kahn
Trial Date: None Set
Filing Date: March 2, 2009
I, Montie Derby, declare and state as follows:
1. Tam over the age of 18, am not a party to the within action, and am employed as a
paralegal with the law firm of Brayton’Purcell LLP. I make this declaration in support of

plaintiff's application for Order allowing service of MARINE ENGINEERING AND SUPPLY
COMPANY, to be made by delivery of process to the California Secretary of State,

2. Plaintiff filed a complaint for personal injuries arising out of plaintiff's exposure
to asbestos and/or asbestos-containing products. MARINE ENGINEERING AND SUPPLY
COMPANY is a named defendant in this action.

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DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATE.oO OY Dw BH YW

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3. Plaintiff has a valid cause of action by the against defendant MARINE
ENGINEERING AND SUPPLY COMPANY for the negligence injury of plaintiff due to the
defective products manufactured and put into the marketplace by defendants,

4. I checked Google.com for any possible hits for defendant by typing in the name
Marine Engineering and Supply Company (without quotations) and received 1,010,000 possible
hits for websites containing those five words. When I performed the same searches on Bing.co:
and Yahoo.com, it resulted in 5,690,000 hits and 13,200,000 hit, respectively.

5. L refined the search at Google.com, Bing.com and Yahoo.com by using the
function to require all words to be in the exact order; this is done by placing quotation marks on
either side of the phrase.

6. There were no webpage of news results for the specific "Marine Engineering and
Supply Company” search on any of these major search engines. I conducted similar searches at

each website replacing “&” for “and”, and “Co.” for “Company”, in all possible combinations

|| but it did not produce any resulting web pages or news stories despite this effort.

1 A fellow Brayton Purcell LLP staff member ordered and received all the
corporation documents on file with the California Secretary of State. These included the
Articles of Incorporation from 1927.

8. According to these records, the corporation has Dissolved status with the

Department of Corporations, with the date of dissolution listed as October 8, 1952.

9. The Documents received from the California Secretary of State are as follows:
. Secretary of State’s Certificate of Status
. Articles of Incorporation (filed September 16, 1927)
. Certificate of Amendment of Articles of Incorporation

(filed September 12, 1929)

. Certificate of Amendment of Articles of Incorporation
(filed November 12, 1937)

° Certificate of Amendment of Articles of Incorporation
(filed June 13, 1947)

° Certificate of Election of Marine Engineering and Supply Company to
Wind Up and Dissolve (filed September 18, 1952)

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IECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATECo O02 eo NN DW B® WN

A true and accurate photocopy of these documents are attached hereto as Exhibit “A” and
incorporated herein by this reference.

10. As a double check, on October 23, 2009, I checked the business search function o:
the California Secretary of State website (http://www.ss.ca.gov) and searched for “Marine
Engineering and Supply Company”. I found one match; the document states defendant filed for
incorporation in 1927 and has since dissolved. No names or addresses are provided.

11. Asa double check, on October 23, 2009, { checked Lexis/Nexis website
(http://lexis.com) and used its corporate filings search function. Lexis had one match from the
CA secretary of State. It mirrored what we found on the California Secretary of State website.
They incorporated in 1927 and dissolved in 1952. No names or addresses were available.

12. J carefully reviewed these documents (Exhibit “A”) and identified therein fifteen-
(15) persons whose names appear somewhere on these documents. These persons were :
identified so that they could be found because they are either former directors or officers of the
corporation, and thus could be served with process, or they are former shareholders of the
corporation, and thus persons who might assist in locating any former directors or officers. One
of the 15 persons identified is the attorney who apparently filed the Articles of Incorporation in
1927.

13. The following are the details of my attempt to locate and contact these 15 persons
identified on the records obtained from the Seoretary of State:

Name: William B. Ogden

Association with Defendant: Attorney who filed Articles of Incorporation in 1927.

Identifying information: Articles of Incorporation state his address as 711 American
Bank Building, 129 W. 2" Street, Los Angeles. Telephone: “TUcker 1813".

Conclusion based on my search: Deceased. No successor identifiable given lack of
available information.

Search Results: 1 searched the California State Bar Association for the name of attorney
“William Ogden” and only one result returned; a record for a “William Brayton Ogden”. The
Bar Association identifies him as having Bar Number 5784, being from Los Angeles and being

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DECLARATION OF MONTIE DERBY JIN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
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admitted to the bar in February 1911. The same record identifies him as deceased. I used
Google.com, Bing.com, and Yahoo.com, to search for “William B. Ogden” and the terms
“attorney” and the address found in Exhibit “A”, in various combinations, but was unable to
locate additional information about him. I used “Google.com” to identify the address on Google
Maps which includes satellite photos. It appears to me that there is no bank building anywhere
near this location; it appears to have been demolished as some 1960's-looking tract homes are in
its place, according to the map. The telephone number of “TUcker 1813" (881813) is so old that
it only has six digits.

also searched Anywho.com but I did not find any information to assist in locating Mr.
Ogden.

also looked on Lexis.com and used its Comprehensive Person Report which holds
information on millions of Americans sourced from records including telephone directories
(white pages), Social Security death records from the Social Security Administration,
Bankruptcy Filings, Concealed Weapon Permits, DEA Registrants, Driver's License,
Employment Record, FAA Aircraft and Pilot Records, Federal Firearms and Explosives,
Accident reports, Foreclosures, Hunting and Fishing Licenses, Judgment and Liens, Motor
Vehicle Records, Professional License Records, Real Property Filings, UCC filings, Voter
Registrations and Watercraft registration.

There are no listings for any William Ogden born anytime before 1893 (assuming he was
at least 18 when passing the bar) who lived or worked in Los Angeles, California:

As to this person, I am unable to inquire with relatives because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives.
For instance, these records do not provide a last known address for any of these individuals for if
they did, I might be able to search the subsequent ownership of the property to learn if the
subsequent owner is a relative. While there is a last known business address for Mr. Ogden, the
research on Google.com shows that the building no longer exists and, therefore, there are no
neighbors in the building with which to inquire.
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DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATE.Oo ON DH BF WH

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Given these results, especially because he is listed as deceased with the Bar Association, ]|
was unable to further explore this avenue of investigation.

Name: L. E. Caverly

Association with Defendant: Identified as President and Director of Marine Engineering
and Supply Company in the 1927 and 1929 filings.

Identifying information: No address or telephone number, nor indication of what the
initials “L.E.” stand for either, nor any date of birth or other personal identifies found in the
Secretary of State Records. /

Conclusion based on my search: Unable to located, Would be over 100 years old if
alive. No successor identifiable given lack of available information.

Search Results: I also looked on Lexis.com and used its Comprehensive Person Report to
search for L. E. Caverly. I could find no listing for any “L. E. Caverly” in the State of California.
This is not surprising when considering that date of incorporation was 1927, and the fact that he
was an adult and President of a corporation, even assuming he as 18 years old at the time, Mr.
Caverly would have to be at least 100 years old. Searching Lexis.com nationwide for all persons|
named “Caverly” with the first initial “L”, resulted in 211 persons, however none of these
persons were born before 1909 (the latest possible birth date based assumptions above.)

Lalso searched Google.com, Bing.com, Yahoo.com and Anywho.com and I did not find
any information to assist in locating Mr. Caverly or confirming his death.

Also, Jam unable to inquire with relatives of Mr. Caverly because the Secretary of State

documents do not provide any clues as to the name, address or whereabouts of such relatives.

For instance, these records do not provide a last known address for any of these individuals for if
they did, I might be able to search the subsequent ownership of the property to learn if the
subsequent owner is a relative. Likewise, without any last known address, I am unable to inquire

with neighbors about the whereabouts of the person.

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DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATECoo ND NH PB YW NY —

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Name: Paul W. Hiller

Association with Defendant: Identified as a Director of Marine Engineering and Supply
Company in the 1927 articles of incorporation.

Identifying information: Mr. Hiller is identified as “P. W. Hiller” in the Articles of
Incorporation but I note that he signed his name as “Paul W. Hiller”. No address or telephone
number, date of birth or any other personal identifies found in the Secretary of State Records.

Conclusion based on my search: Deceased. No successor identifiable given lack of
available information.

Search Results: Assuming, as I have with Mr. Caverly, above, Mr. Hiller would have to
be at least 100 years old if still alive. Searching Lexis. coin for all persons named “Paul Hiller”
in California I identified only one person fitting this time frame. According to Lexis, Paul Hiller
was born in March of 1895 and died in December of 1978, living in Ventura County, California.
Being that no other “Paul Hiller’s fitting this age assumption resulted, it appears to me
conclusive that Director Paul Hiller is deceased.

lalso searched Google.com, Bing.com, Yahoo.com and Anywho.com and I did not find
any information to assist in locating Paul W. Hiller or confirming his death.

Tam unable to inquire with relatives of Paul W. Hiller because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives.
For instance, these records do not provide a last known address for any of these individuals for if
they did, I might be able to search the subsequent ownership of the property to learn if the
subsequent owner is a relative. Likewise, without any last known address, I am unable to inquire
with neighbors about the whereabouts of the person.

Name: L. A. Hanson, a.k.a. Lawrence A. Hanson, Sr.

Association with Defendant: Identified as a Director of Marine Engineering and Supply
Company in the 1927 articles of incorporation; as President and a shareholder in the 1937 and
1947 documents. -

Identifying information: Mr. Hanson is identified as “L. A. Hanson” throughout the
documents. I believe that L. A. Hanson is also know as Lawrence A. Hanson based on the fact
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DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATECo OND tA BP HY Bw

that the 1947 document lists a L. A, Hanson a Shareholder and also lists a Lawrence A. Hanson,
Jr. as a separate shareholder. Also listed are two other shareholders with the name Hanson.
From this, I conjecture that Lawrence A. Hanson, Jr.’s father was L. A. Hanson and that it is
reasonable to assume that he was Lawrence A. Hanson, Sr. No address or telephone number,
date of birth or any other personal identifies found in the Secretary of State Records.

Conclusion based on my search: Deceased. No successor identifiable given lack of
available information. One might assume that the other “Hanson”s listed may be successors but,
as shown below, these other Hanson’s are themselves deceased.

Search Results: Searching Lexis. com’s Social Security Death Records for all persons
named “Lawrence Hanson” in California I identified only one person fitting this time frame.
According to Lexis, Lawrence Hanson was born in February of 1896 and died in April of 1976
living in Los Angeles County, California. Being that no other “Lawrence Hanson’”s fitting this
age assumption resulted, it appears to me conclusive that President and Director Lawrence
Hanson is deceased. ;

also searched Google.com, Bing.com, Yahoo.com and Anywho.com and I did not find
any information to assist in locating Lawrence A. Hanson or L. A. Hanson or confirming his
death.

lam unable to inquire with relatives L. A. Hanson because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives.
For instance, these records do not provide a last known address for any of these individuals for if
they did, I might be able to search the subsequent ownership of the property to learn if the
subsequent owner is a relative. Likewise, without any last known address, I am unable to inquire
with neighbors about the whereabouts of the person.

Name: Lawrence A. Hanson, Jr. :

Association with Defendant: Identified as a shareholder of Marine Engineering and
Supply Company in the 1947 document. As explained above, it is assumed, but not known, that
he is a relative of L. A. Hanson; perhaps a son.

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identifying information: There is no address or telephone number, date of birth or any
other personal identifies found in the Secretary of State Records for Lawrence A. Hanson, Jr.

Conclusion based on my search: Deceased. No successor identifiable given lack of
available information. One might assume that the other “Hanson”s listed may be successors but,
as shown above and below, these other Hanson’s are themselves deceased. :

- Search Results: Searching Lexis for “Lawrence A. Hanson, Jr.” in California | identified
that this only one person with this full name exists in the database. Mr. Hanson was born in May
of 1926 and died in January of 1985, living in Contra Costa County, California. ‘The 1926
birthdate would have made the junior Mr. Hanson 21 years old when the 1947 document was
signed. I also searched anywho.com and Google.com.and I did not find any information to assist
in locating Lawrence A. Hanson Jr or confirming his death. Given that this is the only
“Lawrence A. Hanson, Jr.” resulting from the search, I believe Mr. Hanson is deceased.

Lalso searched Google.com, Bing.com, Yahoo.com and Anywho.com under this name
but there were no results for locating the person “Lawrence A. Hanson, Jr.” While there is a so
called “Lawrence A. Hanson Jr. Professor of Biology and Computation and Neural Systems” at
California Institute of Technology, a search of the CalTech website could not reveal any
connection to the “Lawrence A. Hanson, in” associated with Defendant. Regardless, the
evidence of his death from Lexis.com is definitive that he is deceased.

Lam unable to inquire with relatives of the junior Mr. Hanson because the Secretary of
State documents do not provide any clues as to the name, address or whereabouts of such
relatives, For instance, these records do not provide a last known address for any of these
individuals for if they did, I might be able to search the subsequent ownership of the property to
learn if the subsequent owner is a relative. Likewise, without any last known address, | am
unable to inquire with neighbors about the whereabouts of the person.

Name: Elma A. Hanson

Association with Defendant: Identified as a shareholder of Marine Engineering and
Supply Company in the 1947 document. As explained above, it is assumed, but not known, that

she is a relative of L. A. Hanson; perhaps a wife, maybe a sister.

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DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATEyp erat AH BP WwW WY

Identifying information: There is no address or telephone number, date of birth or any
other personal identifies found in the Secretary of State Records for Elma A. Hanson.

Conclusion based on my search: Deceased. No successor identifiable given lack of
available information. One might assume that the other “Hanson”s listed may be successors but,
as shown above and below, these other Hanson’s are themselves deceased.

Search Results: Searching Lexis. com’s Social Security Death Records for “Elma A.
Hanson” in California I identified that this Ms. Hanson was born in October of 1895 and died in
April of 1972, living in Los Angeles County, California. The 1895 birth date would have made
her 52 years old when the 1947 document was signed. (L.A. Hanson would have been 51. “Ir.”,
perhaps their son, would have been 21.)

Talso searched Google.com, Bing.com, Yahoo.com and Anywho.com and I did not find
any information to assist in locating Elma A. Hanson or confirming her death.

As to this person, I am unable to inquire with relatives because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives.
For instance, these records do not provide a last known address for any of these individuals for if
they did, I might be able to search the subsequent ownership of the property to learn if the
subsequent owner is a relative. Likewise, without any last known address, I am unable to inquire
with neighbors about the whereabouts of the person.

Name: Marian H. Skowrup

Association with Defendant: Identified as a shareholder of Marine Engineering and
Supply Company in the 1947 document.

Identifying information: There is no address or telephone number, date of birth or any
other personal identifies found in the Secretary of State Records for Ms. Skowrup. Perhaps the
“H” in her middle initial may be “Hanson” but we have no independent basis to, support that
possibility.

Conclusion based on my search: Deceased. No successor identifiable given lack of
available information.
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DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
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Search Results: Searching Lexis.com for “Marian H. Skowrup” in California I identified
that Ms. Skowrup was born in April of 1924 and died March 15, 1997, living in Los Angeles
County, California. The 1924 birth date would have made her 23 years old when the 1947
document was signed. (Perhaps the sister of the then 21 year old Lawrence A. Hanson, Jr.)

also searched Google.com, Bing.com, Yahoo.com and Anywho.com and I did not find
any information to assist in locating Ms. Skowrup or confirming her death. Given the exact hit
in Lexis, I believe this shows that Marian H. Skowrup is deceased.

As to this person, I am unable to inquire with relatives because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives.
For instance, these records do not provide a last known address for any of these individuals for if

they did, | might be able to search the subsequent ownership of the property to learn if the

subsequent owner is a relative. Likewise, without any last known address, I] am unable to inquire
with neighbors about the whereabouts of the person.

Name: Phil A. Hanson

Association with Defendant: Identified as a Secretary of Marine Engineering and Supply
Company in the 1937, 1947, and 1952 documents, and as a Shareholder in the 1937 and 1947
documents, to

Identifying information: Phil A. Hanson is identified in the Secretary of State documents
but no address or telephone number, date of birth or any other personal identifies found therein.

Conclusion based on my search: Deceased, No successor identifiable given lack of
available information. One might assume that the other “Hanson’’s listed may be successors but,
as shown above, these other Hanson’s are themselves deceased.

Search Results: Searching Lexis. com’s Social Security Death Records for all persons
named “Phil A. Hanson” and, given the time frames, according to Lexis, Philip Hanson was born
in January of 1898 and died in March of 1978 living in Contra Costa County, California. It
appears to me conclusive that Secretary Phil A. Hanson is deceased. This would have made him
49 in 1947, L.A. Hanson being 51 at that time, it is possible these two persons are brothers.
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also searched Google.com, Bing.com, Yahoo.com and Anywho.com and I did not find
any information to assist in locating Phil A. Hanson or confirming his death.

As to this person, I am unable to inquire with relatives because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives.
For instance, these records do not provide a last known address for any of these individuals for if
they did, I might be able to search the subsequent ownership of the property to learn if the
subsequent owner is a relative. Likewise, without any last known address, I] am unable to inquire
with neighbors about the whereabouts of the person.

Name: E. T. Betts

Association with Defendant: Identified as Secretary of the corporation in the 1929
document.

Identifying information: While identified by name in this record, there is no address or
telephone number, date of birth or any other personal identifies found therein. :

Conclusion based on my search: Unable to located. Would be over 100 years old if alive.
No successor identifiable given lack of available information.

Search Results: First, I considered that in 1928, as Secretary for a Corporation, Mr. Betts
would have been an adult at least 18 years old; if alive today, that would make him 99 years old.
(This assumes a 1910 birth date or earlier). I also looked on Lexis.com Social Security Death
Report to search for persons in California with the last name Betts and a first name starting with
the letter “E.”. The search resulted in 50 possible persons. I searched through this list for persons
born in or before 1910. Of those, I found the following: Ethel Betts (1895-1982), Emily Betts
(1899-1982), Evelyn Betts (1889 -1982), Egbert Betts (1897- 1979), Edna Betts (1883-1977),
Elsie Betts (1885-1977), Erving Betts (1895-1975), Ernest Betts (1996-1975), Elsie Betts (1888-
1974), Eugene Betts (1986-1971), Ethel Betts (1891-1970), Edward Betts (1891-1967) Edgar
Betts (1897-1966), Ethel G. Betts (1900-1997), Evelyn A. Betts (1904-1997), Elizabeth S. Betts
(1908-1991), and Edward L. Betts (1884-1973).

Searching both nationwide and statewide for persons named Betts with a first initial “E”
there are over 3000 reports available, (Lexis stops compiling at 3000 report so it may be many

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DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATE.Cwm I DN MH BF BW YD

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more actual files). Same result when searching for all persons named Betts who have a first
name that starts with “E” and have a middle name that starts with “T”. With only the initials E.
T. to go on, there is no way to sift through the persons to identify the right 99 year or above
person. (Lexis only allows search refinement for persons under 100 years old so there is no way
to narrow down these results by the age window we have).

Restricting the search to just those persons who have a record where “E. T.” initials were
used on an actual record, nationwide, only three persons use those initials as identifiers, all
deceased: Elizabeth Travis Betts who died (03/1950 - 07/31/2009); Elizabeth T. Betts (11/1909
-08/26/2006); and E.T. Betts (12/1943-07/19/1995), Two of these were not alive in 1929,

T also searched Google.com, Bing.com, Yahoo.com and Anywho.com and I did not find
any information to assist in locating “E.T. Betts” or confirming his or her death.

As to this person, ] am unable to inquire with relatives because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives.
For instance, these records do not provide a last known address for any of these individuals for if
they did, I might be able to search the subsequent ownership of the property to learn if the
subsequent owner is a relative. Likewise, without any last known address, ] am unable to inquire
with neighbors about the whereabouts of the person.

/ Name: J. G. Boase

Association with Defendant: Identified as a Shareholder on the 1937 document.

Identifying information: While identified by name in this record, there is no address or
telephone number, date of birth or any other personal identifies found therein.

Conclusion based on my search: Deceased. No successor identifiable given lack of
available information. :

Search Results: First, I considered that in 1937, as a shareholder, J. G. Boase would
likely have been an adult ; at least18 years old, making Boase at least 90 years old today.
Searching Lexis.com for all persons in California with the last name Boase and a first name
starting with “J” results in 20 reports. Of those, none are identified as having a middle name
starting with “G”. Also, the only one born before 1919 was a “James Boase” ( 09/1891 -

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12
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15
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19
20
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22
23
24
25
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08/1985) who lived in Yucaipa, San Bernardino County, California. Searching nationwide for al
person named Boase with a first name with “J” resulted in 142 reports. In searching all 142
reports for dates of birth before 1919 and for a middle name starting with “G”, none were found.

Lalso searched Google.com, Bing.com, Yahoo.com and Anywho.com and I did not find
any information to assist in locating “J. G. Boase” or confirming his/her death, —

“ As to this person, I am unable to inquire with relatives because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives.
For instance, these records do not provide a last known address for any of these individuals for if| .
they did, 1 might be able to search the subsequent ownership of the property to learn if the
subsequent owner is a relative. Likewise, without any last known address, I am unable to inquire
with neighbors about the whereabouts of the person.

Name: A. L. Erickson ,

Association with Defendant: Identified on the 1937 document as a Shareholder.

Identifying information: While identified by name in this record, there is no address or
telephone number, date of birth or any other personal identifies found therein.

Conclusion based on my search: Deceased. No successor identifiable given lack of
available information.

Search Results: In 1937, Shareholder A. L. Erickson would likely have been at least!8
years old, making Erickson at least 90 years old today.

I searched Lexis.com looking for all persons in the United States only using these initials
and last name. It produced a list of 45 reports. I looked through each report for persons born in
or before 1919 and found only the following, all deceased: A. L. Erickson of Van Nuys, Los
Angeles County, California (01/1908 - 12/18/1994); A.L. Erickson of Northridge; Los Angeles
County, California (05/1906 - 01/14/1999); A. L. Erickson of Santa Cruz, California (04/1896 -
09/1987); A.L. Erickson of Haysville, North Carolina (12/1916 - 12/27/1998); A.L. Erickson of
Burnsville, Minnesota (07/1911 - 02/26/1999); and A.L. Erickson of Orem, Utah (06/1898 -
10/18/1995).

Mt
K Afsjured\ 10581 SiplADEC-IMD-EX PARTE SRV CASOS.wod 13 Nw

DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATE.om WD HW Fw

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I broadened the search by looking on Lexis for all persons in California with the last
name Erickson and a first name starting with “A” results in Lexis.com “maxing-out” (i.e so big,
Lexis refuses to give any information). Adding the middle initial “L” to the search also
“maxing-out”. When Lexis.com maxes-out it will not provide any search results; without
another identifier to refine the search, I am unable to get Lexis to produce further reports.

Talso searched Google.com, Bing.com, Yahoo.com and Anywho.com and I did not find
any information to assist in locating “A.L. Erickson” or confirming his/her death.

As to this person, | am unable to inquire with relatives because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives.
For instance, these records do not provide a last known address for any of these individuals for if
they did, I might be able to search the subsequent ownership of the property to learn if the
subsequent owner is a relative. Likewise, without any last known address, I am unable to inquire
with neighbors about the whereabouts of the person.

Name: Bert Clark

Association with Defendant: Identified as a Shareholder on the 1947 document.

Identifying information: While identified by name in this record, there is: no address or
telephone number, date of birth or any other personal jdentifies found therein.

Conclusion based on my search: Deceased. No successor identifiable given lack of
available information.

Search Results: In 1947, Bert Clark would likely have been at least18 years old, making
him at least 90 years old today. I searched Lexis.com looking for all persons in the State with the
name Bert Clark and looking through those born in or before 1919. This search resulted in seven’
persons, all of whom are deceased: Bert Clark (April 1907 - May 1987), Bert Clark (March
1918 -June 1985), Bert Clark (July 1909 - February 1983), Bert Clark (September 1913 -
September 1981), Bert Clark (September 1901 - March 1974), and Bert Clark (October 1903 -

January 1972). Without another identifier to refine the search, I am unable to get Lexis to

produce further reports.
Mit
KAtojures 05915 J MD-EX PARTE SRV CASOS.wed 14 NIw

DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATE,CD Oe YD A BR WN

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J also searched Google.com, Bing.com, Yahoo.com and Anywho.com for Bert Clark in
California and given that commonality of the name produced innumerable results, | was not able
to find any information to assist in locating this “Bert Clark” or confirming his death.

As to this person, | am unable to inquire with relatives because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives.
For instance, these records do not provide a last known address for any of these individuals for if
they did, I might be able to search the subsequent ownership of the property to learn if the
subsequent owner is a relative. Likewise, without any last known address, { am unable to inquire
with neighbors about the whereabouts of the person.

Name: Maury L. Webster

Association with Defendant: Identified as a Shareholder on the 1947 document.

Identifying information: While identified by name in this record, there is no address or
telephone number, date of birth or any other personal identifies found therein.

Conclusion based on my search: Deceased. No successor identifiable given lack of
available information.

Search Results: I searched Lexis.com for all persons in the United States with the first
name Maury and the last name Webster and only two reports resulted, both deceased: Maury R.
Webster, a.k.a M. R. Webster of Atlanta, Georgia ( 06/1912 - 10/15/2000), and Maurie E.
Webster, a.k.a Maurice E. Webster, a.k.a Maury Webster of Cold Spring, New York (04/1916 ~
06/20/2001). Searching Google with the terms "Maury Webster" and "Cold Spring New York"
and "Maury Webster" and “Atlanta, Georgia" did not result in any additional additional
identifiers for these persons with which to cross-reference.

Given that this nationwide search only resulted in two persons having this name, and that
both are deceased, I am lead to the conclusion that Shareholder Maury L. Webster is deceased.

also searched Google.com, Bing.com, Yahoo.com and Anywho.com and I did not find
any information to assist in locating “Maury L. Webster” or confirming his death. However,
There is one (1) hit found that appears to be a copy of the text of an article from a February 5,
1962 edition of Sports [llustrated. The relevant portion, although interesting, does not provide
K Mojured\t055)S\pldDEC-IMD-EX PARTE SRY CASOS wed 15 NTWw

DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATE.Owe YN DH & WN =

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any helpful identifiers for this Mr. Webster: “The finest angler I ever knew was a man named
Maury L. Webster. [...] the most wonderful angler that ever trolled a line off the back of a boat
[..-]” Source http://sportsillustrated.cnn.com/vault/article/magazine/MAG1073500/2/index.htm.
I searched Google for the words “Maury” , “Webster”, “Maury L. Webster” and “Maury
Webster” in separate searched in conjunction with the word “fishing” and no relevant web pages
were produced. :

As to this person, I am unable to inquire with relatives because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives.
For instance, these records do not provide a last known address for any of these individuals for if
they did, I might be able to search the subsequent ownership of the property to learn if the
subsequent owner is a relative. Likewise, without any last known address, I am unable to inquire
with neighbors about the whereabouts of the person.

Name: L. R. Kessler

Association with Defendant: Identified as Vice President of Marine Engineering and
Supply Company in the 1952 dissolution document.

Identifying information: While identified by name in this record, there is no address or
telephone number, date of birth or any other personal identifies found therein.

Conclusion based on my search: Deceased. No successor identifiable given lack of
available information.

Search Results: I searched Lexis.com looking for all persons in the United States only
using these initials and last name. Lexis informed me that there is no person in their records
specifically called “L. R. Kessler”. I did the same search, but looking for just “L. Kessler”; Lexis
informed me there is no such person to report.

I broadened the search by looking on Lexis for al! persons in the United States with the
last name Kessler and a first name starting with “L”. Lexis informed me that no one in their
records named Kessler had a first name with “L”. I searched for all persons in California with
the name Kessler (no first initial specified) and Lexis.com maxed-out. I tried the same search but
Mt
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DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING. SERVICE
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATEOC OB ND uw BRB YN

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specified in Los Angeles. That search maxed-out as well. I note that Lexis looks 30 miles
around the target when it searches a place.

I tried all persons named Kessler, in Los Angeles, who have a first name-starting with
“L”, This resulted in 265 reports. Given the size of this response, I ran the same request again
but programmed the search to look for persons between 75 years old and 100 years old. This age
range is surmised that because L. R. Kessler would have been at least 18 in 1953. The
maximum of 100 years is the highest age Lexis will search for. This refined search resulted in
34 reports. | further refined this search by factoring out all persons whose records reported a
middle name that did not being with “R”. This narrowed the search to only three persons, all of
whom are deceased, namely: Louis Kessler (11/1910 - 01/17/1993); Lesslee Kessler (10/1911 -
05/1984); and Louise Kessler (07/1910 -12/1975).

lalso searched Google.com, Bing.com, Yahoo.com and Anywho.com and I did not find
any information to assist in locating “L. R. Kessler” or confirming his/her death,

Given this search only resulted deceased persons, and because of the lack of any other
identifying information, I am lead to the conclusion that L. R. Kessler is deceased. _

As to this person, | am unable to inquire with relatives because the Secretary of State
documents do not provide any clues as to the name, address or whereabouts of such relatives.
For instance, these records do not provide a last known address for any of these individuals for if
they did, I might be able to search the subsequent ownership of the property to learn if the
subsequent owner is a relative. Likewise, without any last known address, I am unable to inquire
with neighbors about the whereabouts of the person. Also, without identifying information, I am
unable to determine even if any of these three decedents found are the right L. R. Kessler

Name: Wilmer M. Binford

Association with Defendant: Identified as a Shareholder on the 1947 document.

Identifying information: While identified by name in this record, there is no address or
telephone number, date of birth or any other personal identifies found therein.

Conclusion based on my search: Deceased. Daughter, Jeanne B. Horn confirms his deat
and that she, herself, has no association whatsoever with Defendant.
1k Mojursd\105H 5pld IEC. MD-EX PARTE SRV CASOS wad 17 : : NIW

DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATE,oc 0 wm NDA BF WN

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Search Results: I searched Lexis.com for all persons in the United States with the first
name Wilmer and the last name Binford and just one (1) report resulted. That report shows that
Wilmer M. Binford, a.k.a. Wilmer Merriman Binford, a.k.a. W. M. Binford is deceased. Lexis
reports that he was born in November of 1905 and died on November 4, 1991, with his last
address being 1460 West Camino Lucientes, Green Valley, Arizona.

Unlike the other searches above, this Lexis search resulted in a possible last known
address for a subject, and thus allowed me to investigate the subsequent ownership of that
property.

Tused Lexis.com to run a Location Report on that address, and the State of Arizona
assessor / registrar of records information shows that the property was sold in March of 1992 by
Jeanne Binford Freedlund to a Mr. Karl E. Brush for $52,000.00. Given the sale was not
recorded as a inter-family transaction, and the amount of money, it is assumed that Mr. Brush
has no relation to Mr. Binford. Also, Mr. Brush did not buy the property from. Mr. Binford, he
bought it from Jeanne Binford Freedlund; it is unlikely he knew Mr. Binford or could offer his
whereabouts. Nevertheless, I contacted directory assistance in Green Valley, Arizona and asked
for a listing for Karl Brush. The operator volunteered that there is a Karl E. Brush at Camino
Lucientes and the number is (520) 648-3391. However, when I tried that number it is reported as
“Disconnected at the customer’s request”. :

Further investigation about the Camino Lucientes property shows that on March 18,
1992, the property is owned by the “Karl E. Brush Revocable Living Trust” with a mailing
address for tax purposes of 9115 Northeastern Avenue, Indianapolis, Indiana 46239-1445.
Using this information, | contacted directory assistance in Indianapolis, Indiana and inquired
about Mr. Brash and was able to obtain his home telephone number.

On October 23, 2009, I called and spoke with Karl E. Brush. He confirmed he was the
owner of 1460 West Camino Lucientes, Green Valley, Arizona and that he purchased it in 1992.

lasked if he recalled anything about the prior owner. Mr. Brush said he understood the person

had died. I mentioned the names of Jeanne Binford Freedlund and of Wilmer M. Binford and it

did not ring a bell with him. When I mentioned that it appears that Ms. Freediund was the

K Ainjured\10581 SoLANDEC.IMD-EX PARTE SRV CASOS.wpd 18 Ntw,

DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATE,OD wm IN DH BF WN

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14

person who sold the home and that Mr. Binford was a former resident, that did not illicit any
information. I asked if Mr. Brush knew of any other person who might know the whereabouts
of Jeanne Binford Freedlund, now known as Jeanne B. Horn or of Wilmer M. Binford; Mr.
Brush told me no.

I noticed that Jeanne Binford Freediund shares a name with Mr. Binford. I searched
Lexis. com for Jeanne Binford Freedlund and found that Jeanne B. Freediund, now known as
Jeanne B. Horn, lives in Green Valley, Arizona. I confirmed it is the right Ms. Freedlund
because one of her former addresses is listed as the 1460 West Camino Lucientes - - the last
known address for Mr. Binford. Lexis reports Jeanne B. Horn’s telephone number and address
to be: 836 West Desert Hills Drive, Apartment “D”, Green Valley, Arizona 85622-8429; (520)
648-2355. Lexis reports that a James Horn also resides there.

On October 23, 2009, I telephoned directory assistance and by ‘reverse look-up’ service
was able to confirm with the operator that the (520) 648-2355. telephone number is connected
with the 836 West Desert Hills Drive address.

On October 23, 2009, I telephoned (520) 648-2355 and got an answering machine for

“Jeanne and Jim”. He left a detailed message stating that we are attempting to confirm the death
of Wilmer M. Binford, who we believe to be a relative of Jeanne B. Horn and to learn what we
could regarding the whereabouts of any director of officer of Marine Engineering and Supply
Company. I explained in the message that it involves litigation our client is engaged with
involving this company. I provided a toll-free telephone number and asked that Jeanne B. Horn
call him back to discuss this matter.

On October 26, 2009, Jeanne B. Horn telephoned me about these matters. Mrs. Horn
confirmed that she is the daughter of Wilmer M. Binford and that he is the same person as
Wilmer Merriman Binford. She stated that her father is dead. When asked about his date of
birth and death she confirmed that he was born in 1905 and died in 1991. I asked is he was
associated with Marine Engineering and Supply Company; she said yes and that he “owned the
company” and that the company “dissolved in in 1951 or so”. When asked, she said that she is
not and never has been an agent for service, trustee, officer or director of Marine Engineering
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DECLARATION OF MONTIE DERBY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER DIRECTING SERVICE OF
SUMMONS ON DEFENDANT MARINE ENGINEERING AND SUPPLY, BY DELIVERY OF PROCESS TO SECRETARY OF STATE™m oO © mY DAW FF WN

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and Supply Company. When asked if she knew the whereabouts of any agent for service,
trustee, officer or director of Marine Engineering and Supply Company, she said no and that “I
would think they would all have to be dead by now.”, | asked if she inherited any interested in
the company upon Mr, Binford’s death and she said no, and besides. the compariy did not exist
anymore. When asked if she had any information at all about Marine Engineering and Supply
Company she said she thought they were in the insulation business and that they were involved
in insulating ships including the U.S.S. Nautilus. i
lalso “Googied” the ternis “Green Valley”, “AZ”, “Wilmer” and “Binford” and the
results of that search brought me to a Genealogy website for the family of a “Joseph Oran
Holtz” found at http://www josephoranholtz.com/names/johnamesindex.php . There, it lists
relatives that are deceased and lists as deceased “Binford, Wilmer Merrimam”. Unfortunately,
the rest of the website requires a username and password to access any information about living
relatives of this “Joseph Oran Holtz”. The propritor of the website seems to be a person named
James J. Holt Jr. The website is devoid of email address information, or U.S. Mail address, or
telephone number, but allows a visitor to type in.a name, email address, and message and says it |”
will relay it to James J. Holt Jr,
On October 23, 2009, I entered in his name and email address and the following message.
directed to the family genealogist, James J. Holt Jr.: :
October 23, 2009 Mr. Holtz: Lam a paralegal in a law firm searching for relatives
of Wilmer Binford. Mr. Binford is listed on your Webpage as deceased. I am
interested in contacting any relatives that may be able to confirm he is deceased and
whom may be able to connect me with the Agents for Service of Process, Trustees,
Officers and Directors of a corporation called MARINE ENGINEERING AND .
SUPPLY COMPANY. Mr. Bintord was a shareholder in the company. If for some
reason you are unable to or unwilling to assist/us, please write back and inform us.
However, | hope you can help us, Thank you Montie Derby paralegal Brayton Purcell
LLP maderbypbraytonlaw.com 800-765-7778 extension 335 222 Rush Landing
Road, Novato, CA 94948. : ‘
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