On June 02, 2010 a Motion-Secondary 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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1 Brian R McClellan, SBN 114093 LAW OFFICE OF BRIAN MeCLELLAN 505 14" Street, Suite 1210 my : Oakland, CA94612 _ BLECTRONIGALLY. Telephone: 510-457-9940 : : FILED |. Facsimile: 510-893-1841 . .. Superior Court of California, . - . County of San Francisco” Attorneys for Defendant, : APR .07 2011 DOME CONSTRUCTION CORPORATION _ | Clerk of the Court : s BY: WILLIAM TRUPEK Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION LAURENCE HAGEN : 2) Case No. CGC-10-275582- cs Plaintiff, . ¥ - . : _{ POINTS AND AUTHORITIES IN Shoe . . SUPPORT OF Moron TO COMPEL ASSOCIATED INSULATION OF. - PER ER RESPONS STO CALIFORNIA; Defendants as Reflected on ~ : Exhibit 1 Attached'to the Summary Complaint). DATE: May 12, 2011 herein; and: DOES 1-8500... > TIME: 9:00 AM “ . ; DEPT:.220- Defendants. : “FACTUAL BACKGROUND This is an asbestos case. we filed by the Plaintiff, Laurence Hagen agoinst pumerous defendants, including Defendant, Dome Construction alleging personal injury from exposure to asbestos. Dome acts as a general-and supervising contractor involving renovations and tenant improvements. in commercial buildings. Laurence Hagen worked for subcontractors hired by Dome to do insulation work allegedly on some of these'projects. The discovery served by. Dome ‘was targeted to obtain information about the relationship between Hagen’s employer and Dome.and issues‘|| xelated to the-work site and materials and equipment: supplied to Hagen. These are clearly relevant issues in the case-and to Dome’s deferises. PROCEDURAL BACKGROUND On January a1, 201 1 Dome served twelve special interrogatories, five request for admissions, four Tequest for production of documents and one form interrogatory:x related to the Fequest for admissions, ThA; consequently, the disoovery. ‘was not burdensome. On February 22,201 1 Plaintiff served Fesponses to all four sets of discovery. The Fesponises. : contained nothing but objections. “Not one meaningful response. What: imade the responses more> egregious was they were clearly “out and paste™ objections that had no bearing on the questions : asked. Itisas if Plaintife never read the discovery and served some computer generated “canned” . objections with the hope the defendant: would not proceed witha Motion. . : Asan example Plaintiff objects to. the use of the words, “inhale”, “released”, and “table” tof - : every-request for admission, However, none of those words were used in any of the requests. : Plaintiff’ $ dismissive conduct i is further demonstrated by plaintiff's complet failure fo respond to: the meet and confer letter sent by Defendant on March 2%, 2011, ARGUMENT oo : California Code of Civil Procedure Sections 2030.300 fa) @). (interrogatories); 2031.310 (a). G)(request for documents); and 2033.290 (a) (2) (request for admissions) allow a party to move to. compel further: responses wihien the responses. contain. objections that are ‘without, merit or too || general. These sections also allow for.the imposition of monetary sanetions when the responses or objections are without substantial justification: cce Sections 2030. 300 (dy interrogatories, {| 203.1,310 (h) request: for documents; 2033 290 (a) request for admissions, : As noted from: the Statement of Discovery i in Dispute the discovery was, s simply ‘geared to deterinine whether D Dome provided any construction OF. building materials, equipment, or insulation =2=materials to Plaintiff or Plaintiff's eimployer and whether Dome controlled or directed Plaintifi's work, The special interrogatories are in the form of contention interrogatories and request the : identity ofany witnesses. or documents that supports Plaintiff’ contentions. The request for. : documents simply asks Plaintiff to provide the documents he identifies supportive of his : contentions. The request for admissions mirror the special interrogatories to have plaintiff admit Dome provided no construction or building materials, insulation or- controlled his work. The discovery is clearly relevant to Dome’s defenses. Dome seeks to: establish that it only. hired: plaintiff's employer to perform insulation work and provided:no materials or equipment: nor: : controlled the manner in which Plaintiff's employer or-the Plaintiff performed his. or their work. This i is because the hirer. of an independent contractor is not vicariously liable-to the contractor’ $ employee who sustains on-the-job injuries resulting from aspecial of peculiar risk inherent i in the work. Privette v: Superior Court (l 993) 5. Cal. fh 689 . Privette was reaffirmed i int erberay me : Filner Construction (2011) 49. Cal 4” 518, 4 Consequently, this limited discovery i is aimed at specific and relevant i issuesin the case. and. Plaintiff's blanket and unresponsive objections are without any merit were clearly “canned” and. computer: geiterated’ with absolutely not even a: minimal attempt to respond. They were meant to obstruct the. discovery. process and legitimate discovery. . The tanguage in the case.of Clement vdlegre 2009) 177 Cal App # characterizes the conduct of Plaintiff in this case, “This case illustrates once again the truth of Townsends "s (Townsend -v Superior Court (1998) 6L : Cal App. 4” 1431). abservations, as well as highlighting the lengths to which some counsel and: : clients will ge to avoid providing. discovery (m this. case by. responding to straightforward. interrogatories with nitpicking, and meritless objections), resulting i in delaying procéedings, impeding the self-executing operation of discovery, and wasting the time of the court, . =the opposing party; and his.counsel.” abeil 12 Based on the conduct and objections of Plaintiff, this language holds true and the Court should compel further responses to the discovery and award sanctions requested in the accompanying declaration. / a : Dated: April 6, 2011 Ss LAW OFFICES OF BRIAN MeCLELLAN . POE J) ree Ct “Bian Re McClellan Attorneys for Defendant ROME CONSTRUCTION CORPORATION aHagen vs. Associated Insulation of California, et al, San Francisco.County Superior Court Case #CGC-10-275582 PROOF OF SERVICE I, the undsersigned, declare as follows: Tam employed in the county of Alameda, California, and Lam over the age of 18 years and not a party to the within action. My business address is Law Offices of Brian McClellan,'505 14" Street, Suite 1210, Oakland, CA 94612. . On the date executed below, 1 electronically served the document(s) via LexisNexis File & Serve discribed as: POINTS AND AUTHORITIES IN.SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY on the recepients designated on the Transaction Receipt located on the LexisNexis File & Serve website, . 1 declare under penalty of: perjury under the laws of the State of California that the forepin' is true and correct. Executed on.April 7,.2011, at Oakland, California. : : Veronica Lopez