On June 02, 2010 a Order was filed involving a dispute between Hagen, Laurance, and 3M Company, 4520 Corp., Inc.,, A & A Mechanical Contractors Inc., A & A Sheet Metal, Aberthaw Construction Company, Acco Engineered Systems, Inc., A.E. Knowles Corporation, Aire Sheet Metal Inc., Air Systems Mechanical Contractor, A.J. Peters & Son, Aladdin Heating Corporation, Albay Construction Company, Allied Painters, Inc., Allied Sprinkler Company, Inc., Anderson, Rowe & Buckley, Inc., Applied Support Systems, Inc., A.R.B. Mechanical, Armaral Plumbing, Associated Insulation Of California, Atlas Heating And Ventilating Company, Ltd., Bailey Plumbing, Heating & Sheet Metal, Barnes Construction Co., Bay Cities Crane And Rigging, Inc., Bayer Cropscience Inc., Bayer Cropscience, Inc.,, B H P Minerals International, Inc., Bigge Crane And Rigging Co., Bragg Investment Company, Inc., B.T. Mancini Co., Inc., Buttner Corp., Cahill Contractors, Inc., Carrier Corporation, Cbs Corporation, A Delaware Corporation, Fka, Cbs Corporation (F K A Viacom Inc., F K A, C.C. Moore & Co. Engineers, Certainteed Corporation, Chevron U.S.A. Inc., Chicago Bridge & Iron Company, Chicago Bridge & Iron Company,, Cleaver-Brooks, Inc., Coastal West Ventures, Inc., Commair Mechanical Services, Conocophillips Company, Consolidated Insulation, Inc., Cooper Brothers, Inc., Corey Contractors, Cosco Fire Protection, Inc., Coscol Petroleum Corporation, Coscol Petroleum Corporation Erroneously Named And, Crane Co., Crowley Plumbing, Crown Cork & Seal Company, Inc., C & R Plastering, Inc., Cupertino Electric, Inc., Dana Companies, Llc, Devcon Construction, Inc., Dillingham Construction, N.A., Inc., Does 1-8500, Domco Products Texas Inc. Erroneously Sued, Domco Products Texas, L.P., Dome Construction Corporation, Douglass Insulation Company, Inc., D.W. Nicholson Corporation, D. Zelinsky & Sons, Inc., Early Engineering Corporation, Incorporated, East Bay Sheet Metal Works, East Bay Sheet Metal Works, A Dissolved Corp., E.C. Braun Company, Inc., Emerick Sheet Metal Co., Emil J. Weber Electric Co., E. Mitchell, Inc., Enterprise Plumbing, Inc., Erwin Mechanical Inc., Ex- Fm, Inc. (Fka Fischbach And Moore Electric,, Exxon Mobil Corporation, Faye Plumbing, Fdcc California, Inc., Finzel Plumbing Company, Fischbach And Moore, Incorporated, Nka Ex-Fm, Inc., Fluor Corporation, Foley-Pmi, Inc., Foster Wheeler Llc, Foster Wheeler Llc (Fka Foster Wheeler, F.P. Lathrop Construction Company, F.P. Lathrop Construction Company,, Frank Bonetti Plumbing, Inc., Frederick Meiswinkel, Inc., F.W. Spencer & Son, Inc., Garlock Sealing Technologies, Llc, General Cable Corporation, General Electric Company, George F. Schuler, Inc., George M Robinson & Co., George Townsend & Associates, George Wilson Company, Inc., Georgia-Pacific Corporation, Georgia-Pacific Llc, Giampolini & Co., Golden Gate Drywall, Inc., Granite Rock Company, Grinnell Corporation, Grinnell Llc,, Haas And Haynie Corporation, Haas & Haynie Corporation, Hamilton Materials, Inc., Hansen Plumbing And Heating, Hanson Permanente Cement, Inc. Formerly Known As, Harry Lee Plumbing & Heating, H.B. Fuller Company, H & C Investment Associates, Inc., Hensel Phelps Construction Co, Hensel Phelps Construction Co., Herrick Iron Works, Honeywell International, Inc., Honeywell International Inc., Fka Alliedsignal,, Hopeman Brothers, Inc., H.T.R. Enterprises, Inc., Ingersoll-Rand Company, Jacobs Constructors, Inc., James A. Nelson Co., Inc., James Nelson, Johnson Controls, Inc., J.R. Simplot Company, J.T. Thorpe, Inc., J.T. Thorpe & Son, Inc., J.W. Mcclenahan Company, Inc., Kaiser Gypsum Company, Inc., Kelly-Moore Paint Company, Inc., Kentile Floors, Inc., Kent M. Lim & Company, Inc., Kinetic Systems, Inc., Kramer Acoustics, Laub Sheet Metal Works, Leonard Construction Company, Lewis Air & Refrigeration, L.J. Kruse Company, Macarthur Company, Madlem Mechanical, Inc., Marcal Associates, Ltd., Marconi Plastering Company, Inc., Marina Heating & Air Conditioning, Marina Plumbing Company, Mauch Sheet Metal, Mayta & Jensen, Mcguire & Hester Corporation, Mckeon Construction, Mcmillan Brothers Electric, Inc., Metropolitan Life Insurance Company, Monterey Mechanical Company, Norcal Scaffolding, N. P. I. Corporation, N.V. Heathorn, Inc., Oakfabco, Inc., Ocean Shore Iron Works, O.C. Mcdonald Co., Inc., O H I Company, Inc., Oscar E. Erickson, Inc., Owens-Illinois, Inc., Owens Mckeon Construction, Pacific Coast Builders, Pacific Gas & Electric Company, Pacific Mechanical Corporation, Parker-Hannifin Corporation, Parsons Infrastructure & Technology Group Inc., Peerless Stucco Co., Perini Corporation, Perini Land And Development Company, Peter Kiewit Sons, Inc., Peter Lim Construction, Pierce Enterprises, Pierce Lathing Company Dba Pierce Enterprises, Power Refrigeration Company, Powers Process Controls, Quality Air Conditioning, Inc., Quintec Industries, Inc., Raphael Company, Raymond Interior Systems-North, Ray Oil Burner Co., A Dissolved Corporation,, Ray Oil Burner Company, Inc., Republic Supply Company, Rmc Pacific Materials, Inc., Robertshaw Controls Company, Rodoni Becker, Rosendahl Corporation, Rountree Plumbing & Heating Inc., Rudolph And Sletten, Inc., Santa Fe Braun, Inc. As Successor-In-Interest To, Schneider Electric Usa, Inc. (Fka Square D, Scott Co. Of California, Scott Norman Mechanical Company, Scott Technologies, Inc., Sequoia Ventures Inc., S F L, Inc., Shell Oil Company, Sierra Pacific Industries, S.J. Amoroso Construction Co., Inc., Stanford Plumbing, Stolte Inc., Sugden Engineering Co., Swinerton Builders, Temporary Plant Cleaners, Inc., Texaco, Inc., The Goodyear Tire & Rubber Company, The Jack Dymond Company, The Linford Company, Therma Corporation, Therma Mechanical, Thermon Manufacturing Co., Thomas Air & Refrigeration Inc., Thomas Dee Engineering Company, Timec Company, Inc., Tosco Corporation, Tosco Corporation Erroneously Sued And Served As, Trane U.S., Inc., Erroneously Sued As Trane U.S.,, Trane Us, Inc. Fka American Standard, Inc., Turner Construction Company, Tutor-Saliba Corporation, Union Oil Company Of California, University Mechanical And Engineering Contractors,, Valley Sheet Metal, Van-Mulder Sheet Metal, Inc., Vogel & Associates, Walnut Creek Sheet Metal, Furnace & Air, Washington Group International, Inc., Western Allied Corporation, Western Asbestos Company, Western Insulation, Inc., Western Macarthur Company, Western Plumbing & Heating Co., Inc., W.G. Thompson, Inc., Wheatley-Jacobsen, Inc., Williams & Burrows, Inc., Wilson Construction Company, W.L. Hickey Sons, Inc., Wright Schuchart Harbor, Wright Schuchart Harbor Company, Yamas Controls Group Inc., Zurn Industries, Llc, for ASBESTOS in the District Court of San Francisco County.
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Selman Breitman LLP ATTORNEYS AT LAW 340306.1 1210,00000 MARK A. LOVE (SBN 162028) mlove@selmanlaw.com JUSTIN CLARK (SBN 305503) ELECTRONICALLY: jclark@selmanlaw.com FILED SELMAN BREITMAN LLP eee a 33 New Montgomery, Sixth Floor uperior Court of Californ San Francisco, CA 94105-4537 SO ee Telephone: 415.979.0400 05/17/2016 Facsimile: 415.979.2099 BY:ROMY RISK Deputy Clerk Attorneys for Intervenor FIREMAN'S FUND INSURANCE COMPANY, on behalf of its suspended insured, Defendant ASSOCIATED INSULATION OF CALIFORNIA, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION LAURANCE HAGEN, Case No. CGC-10-275582 Plaintiffs, DECLARATION OF JUSTIN CLARK IN SUPPORT OF EX PARTE APPLICATION v. FOR AN ORDER GRANTING LEAVE TO FILE A COMPLAINT IN INTERVENTION ASSOCIATED INSULATION OF CALIFORNIA, INC., et al., Date: May 19, 2016 Defendants. Time: 11:00 AM Judge: Hon. Garrett L. Wong Dept.: 503 Action Filed: — June 2, 2010 I, JUSTIN L. CLARK, hereby declare: lL. I am an attomey licensed to practice law before all courts in the State of California. I am an attorney of the law firm of Selman Breitman LLP, attorneys for Intervenor Fireman's Fund Insurance Company ("INTERVENOR") in these actions. I make this declaration based upon my personal knowledge and if called upon as a witness, I could and would testify competently to the matters stated herein. 2. I am informed and believe that INTERVENOR issued liability insurance policy(ies) to ASSOCIATED INSULATION. That policy may provide ASSOCIATED INSULATION with insurance for the asbestos claims filed against ASSOCIATED 1 DECLARATION OF JUSTIN CLARK IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE A COMPLAINT IN INTERVENTIONSelman Breitman LLP ATTORNEYS AT LAW 340306,1. 1210.00000 INSULATION in this case. 3. Based upon information and belief, ASSOCIATED INSULATION's corporate status has been suspended by the California Secretary of State and the California Franchise Tax Board. Attached as Exhibit A hereto is a true and correct copy of a printout from the California Secretary of State website dated March 6, 2016, stating that ASSOCIATED INSULATION's corporate status has been suspended. 4. Attached as Exhibit B hereto is a true and correct copy of a printout from the California Franchise Tax Board, dated March 6, 2016, stating that it does not even have any record of ASSOCIATED INSULATION. 5. INTERVENOR now seeks leave of this court to file its Complaint in Intervention in this case on behalf of its suspended insured, ASSOCIATED INSULATION. 6. INTERVENOR will be severely prejudiced if this ex-parte application is not granted because ASSOCIATED INSULATION is currently a suspended corporation. Pursuant to Revenue & Taxation Code §23301, a suspended corporation such as ASSOCIATED INSULATION lacks the capacity to defend itself in this lawsuit. INTERVENOR now seeks leave of court to file a Complaint in Intervention in this case in order to specifically name INTERVENOR as intervenor on behalf of ASSOCIATED INSULATION, solely in its capacity as an insurer of ASSOCIATED INSULATION. The purpose of the INTERVENOR'S intervention is to contest ASSOCIATED INSULATION's alleged liability and the amount of damages, if any, alleged by plaintiffs. 7. On May 16, 2016, I called plaintiff's counsel, and sent a letter to plaintiffs counsel, via facsimile, advising them that my office would appear in Department 503 of the San Francisco Superior Court on May 19, 2016 at 11:00 a.m. to seek an ex parte order granting INTERVENOR's leave to file a complaint in intervention in this case. A true and correct copy of my May 16, 2016, letter is attached hereto as Exhibit C. I declare that the foregoing is true and correct under penalty of perjury under the laws of; the State of California. 2 DECLARATION OF JUSTIN CLARK IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE A COMPLAINT IN INTERVENTION2 3 4 5 6 7 8 9 10 7 1 a < 12 Sz E- 13 Re os 14 mz 1s a < 16 & o 17 n 18 19 20 21 22 23 24 25 26 27 28 340306.1.1210.00000 Mf Executed on thisl J day of May 2016, in San Francisco, California. DATED: May [7 , 2016 SELMAN BREITMAN LLP By: RK A. JUSTIN CLARK ttorneys for Intervenor FIREMAN'S FUND INSURANCE COMPANY, on behalf of its suspended insured, Defendant ASSOCIATED INSULATION OF CALIFORNIA, INC. 3 DECLARATION OF JUSTIN CLARK IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE A COMPLAINT IN INTERVENTIONEXHIBIT Ainess Entities (BE) Online Services, - E-File Statements of Information for Corporations + Business Search + Processing Times + Disclosure Search Main Page Service Options Name Availabillty Forms, Samples & Fees Statements of Information {annvel/bicaniat reports) Filing Tips Information Requests (certificates, coples & status reports) Service of Process FAQs Contact Information. Resources + Business Resources + Tax Information «Starting A Business Customer Alerts + Business Identity Theft + Misleading Business Solicitations httpi/kepler.sos.ca.gov Wabstes Business Search - Business Eniltlos - Business Programs cele clesorarnusancebet ugthee Business Entity Detail Data Is updated to the California Business Search on'Wednesday and Saturday mornings, Results reflect work processed through Friday, March 04, 2016, Please refer to Processing Times for the recelved dates of filings currently beng processed, The data provided is not @ complete or certified record of an entity. ASSOCIATED INSULATION OF CALIFORNIA 0474129 07/09/1964 FTG SUSPENDED CALIFORNIA. 505 14TH ST STE 900 dun eistic tis Patity neletes entity City, Siaze, OAKLAND CA 94612, CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC - LAWYERS INCORPORATING SERVICE 2710 GATEWAY OAKS OR STE 150N Agent tay Servi one Sarit Ae SACRAMENTO CA 95833 « Indicates the information is not contained in the Callfornla Secretary of State's database, * + Ifthe status of the corporation is "Surrender," the agent for service of process Is automatically revoked. Please refer to California Corporations Code section 2.1.34 for Information relating to service upon corporations that have surrendered. + For Information on checking ot reserving a name, refer to Name Availability, * For Information on ordering certificates, coples of documents and/or status reports or to request a more extensive search, refer to Information Requests, + For help with searching an entity name, refer to S: + For descriptions of the various fields and status types, refer to Field Descriptions and Status Defin erErlendly Back to Search Results Modify Search New Search Prints Privacy Stetemant | Free Document Readers Copyright © 2016 California Secretary of State uwEXHIBIT B36/2016 Business Entity Detail Business Search - Business Entities - Business Programs. Data is updated to the California Business Search on Wednesday and Saturday mornings. Resul ts reflect work processed through Friday, March 04, 2016. Please refer to Processing Times for the received dates of filings currently being processed, The data provided is not a complete or certified record of an entity. : futdicy Wp ASSOCIATED INSULATION OF CALIFORNIA C0474129 07/09/1964 FIB SOSPENDED CALIFORNIA $05 14TH ST STE 900 OAKLAND CA 94612 CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC’ ~ LAWYERS INCORPORATING SERVICE 2710 GATEWAY OAKS DR STE 150N SACRAMENTO CA 95833 * Indicates the State's databas: information is not contained in the California Secretary of e. + If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered * For informa * For informa tion on checking or reserving a name, refer to Name Availability, tion on ordering certificates, copies of documents and/or status reports or to request a more extensive search, refer to Information Requests. * For help wi th searching an entity name, refer to Search Tips. + For descriptions of the various fields and status types, refer to Field Desexviption and Status Definitions. Privacy Statement | Eree Document, Readers Copyright © 2016 Nilp:/keplor.sos.ca.govl California Secrotary of State 1"STATE OF CAUFORNIA FRANCHISE TAX BOARD PO BOX 942857 SACRAMENTO CA 94257-0540 Entity Status Letter Date: _ 3/6/2016 ESL ID; 3743755949 According to our records, the following entity information is true and accurate as of the date of this letter. Entity 1D: Entity Name: ASSOCIATED INSULATION OF CALIFORNIA [] 1. The entity is in good standing with the Franchise Tax Board. 2. The entity is not in.good standing with the Franchise Tax Board. 3. The entity is currently exempt from tax under Revenue and Taxation Code (R&TC) Sectlon 23701. x 4, We do not have current information about the entity. The above information does not necessarily reflect: + The entity's status with any other agency of the State of California, or other government agency. + Ifthe entity's powers, rights, and privileges were suspended or forfeited at any time in the past, or the entity did business in California at a time when it was not qualifiod or not registered to do business In California: o ~ The status or voldability of any contracts made in California by the entlty at a time when the entity was suspended or forfeited (R&TC Sections 23304.1, 23304.5, 23305a, 23305.1). o For entities revived under R&TC Section 23305b, any time Ilmitations on’the revivor or limitation of the functlons that can be performed by the entity. 7 Internet and Telephone Assistance Website: _ ftb.ca.gov Telephone: 800.852,5711 from within the United States 916.845.6500 from outside the United States TTY/TDD: 800.822.6268 for persons with hearing or speech Impairments FTB 4269A WEB (NEW 02-2012)EXHIBIT C05/18/2016 14:52 FAX 415 979 2009 SELMAN BREITMAN SF oot TRANSMISSION OK TX/RX NO RECIPIENT ADORESS DESTINATION ID ST. TIME TINE USE PAGES SENT RESULT FeGSOUICC OO Ge TX REPORT *EE SESS HCSOG IE 3740 14158981247 05/18 14:52 00'25 2 0K SELMAN SELMAN BREITMAN LLO Justin Clark 415,979,0400 Jclark@eeimaniaw.com May 16, 2016 33 Naw Montgomary, Sixth Floor ‘San Francisco, CA 84105-4537 Telephone: 415.979.0400 Facsimita: 415.979.2099 www.selmaniaw.com NOTICE OF HEARING OF EX PARTE APPLICATION FOR MAY 19, 2016, IN MULTIPLE CASES Our Client; Intervenor FIREMAN'S FUND INSURANCE COMPANY on behalf of its suspended insured, ASSOCIATED INSULATION OF CALIFORNIA, INC. Via Facsimile [415-898-1247] Counsel Brayton Purcell, LLP 222 Rush Landing Road Novato, CA 94948 Re: | Anamie Anchando, et al v. Asbestos Corporation Limited, et al., San Francisco Superior Court No. CGC-13-276169 Jacqueline Caylor, et al. v. Associated Insulation of Catifornia, et al., San Francisco Superior Court No, CGC-11-275865 John Flynn v. Associated Insulation of California, et al., San Francisco Superior Court No. CGC-12-276077 Laurence Hage .v Associated Insulation of California, et al., San Francisco Superior Court No. CGC-10-275582 Alexander Hodge v, Alta Building Material Co., et al., +San Francisco Superior Court No, CGC-11-275835SELMAN SELMAN BREITMAN LLP Justin Clark 415.979.0400 jclark@selmantaw.com May 16, 2016 33 New Montgomery, Sixth Floor San Francisco, CA 94105-4537 Telephone: 415.979.0400 Facsimile: 415.979.2099 www.selmaniaw.com NOTICE OF HEARING OF EX PARTE APPLICATION FOR MAY 19, 2016, IN MULTIPLE CASES Our Client: Intervenor FIREMAN'S FUND INSURANCE COMPANY on behalf of its suspended insured, ASSOCIATED INSULATION OF CALIFORNIA, INC. Via Facsimile [415-898-1247 Counsel Brayton Purcell, LLP 222 Rush Landing Road Novato, CA 94948 Re: Anamie Anchando, et al vy, Asbestos Corporation Limited, et al., San Francisco Superior Court No. CGC- 3-276169 Jacqueline Caylor, et al. v. Associated Insulation of California, et al., San Francisco Superior Court No. CGC-11-275865 John Flynn v, Associated Insulation of California, et al., San Francisco Superior Court No. CGC- 2-276077 Laurence Hage .v Associated Insulation of California, et al., San Francisco Superior Court No. CGC- 0-275582 Alexander Hodge v. Alta Building Material Co., et al., San Francisco Superior Court No. CGC- 1-275835 Beverly Houser, et al. v. Associated Insulation of California, et al., San Francisco Superior Court No. CGC-12-276081 Dennis Humphries v. Alta Building Material Co., et al. San Francisco Superior Court No. CGC-12-276048 Daniel Kelsey v. Orchard Supply Hardware, LLC, et al., San Francisco Superior Court No. CGC-13-276171 Robert Keven v. Thomas Dee Engineering Company, et al., San Francisco Superior Court No. CGC-11-275867 Los Angeles + Sanfrancisco + Orange County + San Diego + Las Vegas + Seattle 340168.1 1210.40174SELMAN SELMAN BREITMAN LLP May 16, 2016 Page 2 Forrest Lea, et al. v. Duro Dyne Corporation, et al., San Francisco Superior Court No, CGC-15-276383 Paul Ludwig v. Associated Insulation of California, et al., San Francisco Superior Court No. CGC-12-276021 Dear Counsel: Please be advised that on Thursday, May 19, 2016, at 11:00 a.m., in Department 503 of the San Francisco Superior Court, located at 400 McAllister Street, San Francisco, California, 94102, Associated Insulation of California, Inc.'s ("Associated Insulation") insurance carrier, Fireman's Fund Insurance Company, will appear for ex parte orders granting it leave to file Complaints in Intervention on behalf of its suspended insured, defendant Associated Insulation of California, Inc. in each of the above-referenced cases. The grounds on which Associated Insulation seeks the ex parte orders are identical for each of the above-referenced cases. In accordance with California Rules of Court, Rule 3.1204(c), please inform us immediately if you intend to oppose this ex parte application. Very truly yours, JUSTIN CLARK ICjc 340168.1 1210.40174Selman Breitman LLP oun a ATTORNEYS AT LAW zg 28 340416. PROOF OF SERVICE BY ELECTRONIC TRANSMISSION Laurance Hagen v. Associated Insulation of California, et al. San Francisco Superior Court, Case No. CGC-10-275582 Defendant: Intervenor FIREMAN'S FUND INSURANCE COMPANY on behalf of its suspended insured, Defendant ASSOCIATED INSULATION OF CALIFORNIA, INC. I am employed in the County of San Francisco, State of California. I am over the age of 18 years and am not a party to the within action; my business address is 33 New Montgomery, Sixth Floor, San Francisco, CA, 94105-4537. On May 17, 2016, I electronically served the following document(s) via File & ServeXpress described as: DECLARATION OF JUSTIN CLARK IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE A COMPLAINT IN INTERVENTION on the recipients designated on the Transaction Receipt located on the File & ServeXpress website. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 17, 2016, at San Francisco, California. NS ebecca Martin 1210,00000